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HomeMy WebLinkAboutBZA 02-20-01 Meeting MinutesMEETING MINUTES OF THE FREDERICK COUNTY BOARD OF ZONING APPEALS Held in the Board Room of the Frederick County Administration Building, 107 N. Kent Street, Winchester, Virginia, on February 20, 2001. PRESENT James Larrick, Jr., Chairman, Gainesboro District; Theresa Catlett, Opequon District; Dudley Rinker, Back Creek District; Gilbank Hamilton, Shawnee District and Robert Perry, Stonewall District STAFF PRESENT Eric R. Lawrence, Deputy Director; Patrick T. Davenport, Zoning Administrator; Jeremy F. Camp, Planner II; Carol Huff, Secretary CALL TO ORDER The meeting was called to order by Chairman Larrick at 3:25 p.m. WELCOME TO NEW STAFF MEMBER Mr. Patrick T. Davenport, the new Zoning Administrator for Frederick County, was introduced by staff. Mr. Davenport began his duties with the County on February 15, 2001. MINUTES OF JANUARY 16. 2001 On a motion made by Mr. Rinker and seconded by Mrs. Catlett, the minutes for the January 16, 2001 meeting were unanimously approved. PUBLIC HEARING Variance #15 -00 of Stephen P. Scothorn (amended) for a 41 -foot front yard setback variance to construct a detached two -car garage. This propperty is located at 333 Songbird Lane and is identified with Property Identification Number 32 -12 -8 in the Gainesboro Magisterial District. ACTION - DENIED Mr. Jeremy Camp, Planner II, presented the background information and explained that staff was recommending denial of this application. He passed out two photographs of the property. Mr. Stephen P. Scothorn, applicant, represented himself. He presented a rough sketch not to scale) of his propert yy which depicted the location of the proposed garage, his house, the trees he wanted preserved, etc. He explained his reasons for wanting to locate the garage in the location indicated. He stated that the road ends in a cul -de -sac and did not believe that the 60 -foot setback requirement should apply since Songbird Lane was a private drive. Chairman Larrick asked about the survey which was done after the original application. Mr. Scothorn replied that he had made an error the first time he measured, thus the amended application. Frederick Co. Board of Zoning Appeals Minutes of February 20, 2001 Minutes Book Page 1 100 Mr. Rinker inquired as to the health status of the oak and dogwood trees; Mr. Scothom assured the board that they were in fine shape and were about three feet in diameter. In response to Mr. Pery's question, Mr. Scothorr told the board that state foresters have not examined the trees; however, they bloom and leaf out nicely each year and do not contain dead branches. Staff clarified a question regarding what constituted "road frontage." Any time there is a road, any side of the property could be considered to have "road frontage" no matter whether it is a side yard, rear yard, etc. This means there is a 60 -foot setback on whatever side there is a road. Mr. Rinker asked about the fact that the hard - surfacing of Songbird Lane was only ten feet in width. Mr. Scothom explained that the property owners had gotten together and paid for the road to be paved. It is not state - maintained; it is considered a private drive. DISCUSSION Mrs. Catlett asked about the trees that would have to be removed for the garage to be built without being in violation of the setbacks. Mr. Scothom replied that two of the oaks and five of the dogwoods would have to be removed; additionally, he would have to remove a flower bed that had been placed around the dogwoods. He said that having the garage that far back would block the current parking area and he may not wish to use the garage for parking his vehicles. Additionally, this location would interfere with his well line and he did not want to have to dig it up. He stated that ten feet would be the furthest he could move back. The Board asked him to draw the location of the well and well line, as this was not shown on the sketch provided. More questions followed on the parking and the driveway, at which time Mr. Scothom explained that he may not wish to use the garage for vehicle storage because he is a mechanic by trade and may use the garage to work on vehicles. Mr. Perry suggested that a compromise might be in order; however there were no motions to this effect. Mr. Rinker asked the applicant if he had considered that he would need to obtain a Conditional Use Permit for auto repair on his property; Mr. Scothom replied that he had. Mr. Rinker moved to approve the application and Mr. Hamilton offered the second; however, the motion failed by the following vote: AYES: Mr. Rinker, Mr. Hamilton NAYS: Mrs. Catlett, Mr. Perry, Chairman Larrick BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby deny Variance #15 -00 of Stephen P. Scothorn (amended) for a 41 -foot front yard setback variance to construct a detached two -car garage. Variance #01 -01 of Omps Funeral Home, submitted by G.W. Clifford & Associates, Inc., for a 4.44 -foot front yard setback variance for a free - standing business sign. This property is located at 1260 Front Royal Pike and is identified with Property Identification Number 64 -3 -A1 in the Shawnee Magisterial District. ACTION - APPROVED Mr. Lawrence gave the background information and told the 'Board that staff was in favor of the variance as the current sign is well under the allowable square footage for the B2 Zoning Frederick Co. Board of Zoning Appeals Minutes of February 20, 2001 Minutes Book Page 1 101 2 Mr. Lawrence gave the background information and told the Board that staff was in favor of the variance as the current sign is well under the allowable square footage for the B2 Zoning District. A zoning district buffer had been required on this property due to the close proximity of residential uses across Route 522; however, complying with this requirement resulted in the landscaping partially blocking the sign which is currently installed. Therefore, staff believes this variance to be reasonable request and recommended approval. Mr. Ron Mislowsky, of G. W. Clifford and Associates, engineering firm for the project, came forward to speak. He stated that he did not really have much more to add, as staff had done an excellent job in presenting their request. He did add that rotating the sign to be more visible to traffic would, in effect, make it less visible to the residences along Route 522. Mr. Larry Omps and the site manager [unidentified], both of Omps Funeral Home, were also present in support of the application. Mr. Omps stated that at times, customers' vehicles have passed the entrance, then upon realizing they did so, hit their brakes to turn around and have created very dangerous traffic situations. They believe that rotating the sign would eliminate this danger. There was no one present who was opposed to the variance. As there was no further discussion on the matter, Mr. Perry made a motion to approve the variance as presented and Mrs. Catlett seconded the motion. The Board voted unanimously in favor of the motion. BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby unanimouslyy approve Variance #01 -01 of Omps Funeral Home, submitted by G. W. Clifford &Associates, Tine., for a 4.44 -foot front yard setback variance for a free - standing business sign. OTHER BUSINESS Mr. Lawrence informed the Board members that the applicants who were denied the appeal for R. R. Restaurant last month had filed to have the denial appealed to the Circuit Court. The Circuit Court appeal should not require any addition action by the BZA. ADJOURNMENT As there was no further business, the meeting adjourned by unanimous consent at 4:05 p.m. Respectfully submitted, IA I f! 7amW LarricTcJr., Chairman Frederick Co. Board of Zoning Appeals Minutes of February 20, 2001 Minutes Book Page 1102