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Home My WebLink AboutBZA 06-19-01 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 June 19, 2001. PRESENT James Larrick, Jr., Chairman, Gainesboro District; Theresa Catlett, Opequon District; Dudley Rinker, Back Creek District; Thomas Malcolm, Shawnee District and Robert Perry, Stonewall District STAFF PRESENT Patrick T. Davenport, Zoning Administrator; Carol Huff, Secretary CALL TO ORDER The meeting was called to order by Chairman Larrick at 3:25 p.m. WELCOME TO NEW MEMBER On behalf ofthe Board of Zoning Appeals, Chairman Larrick welcomed Mr. R. Thomas Malcolm, who was appointed to replace Mr. Gilbank Hamilton who had recently moved out of the Shawnee Magisterial District. MINUTES OF MAY 15, 2001 On a motion made by Mr. Rinker and seconded by Mr. Perry, the minutes for the May 15, 2001 meeting were unanimously approved: PUBLIC HEARING Variance Application #07 -01, submitted by Glen W. Russell, for Lot 30 at Red Fox Run, requesting a 1.1 -foot front yard and 0.4 -foot right side yard setback variance for an attached porch. This property is located off of Front Royal Pike (Rt. 522) in the Red Fox Run Subdivision at the end of McClure Way and is identified with Property Identification Number 64D -8 -30 in the Shawnee Magisterial District. ACTION - APPROVED Frederick Co. Board of Zoning Appeals Minutes of June 19, 2001 Minutes Book Page 1114 Variance Application #08 -01, submitted by Glen W. Russell, for Lot 29 at Red Fox Run, requesting a one -foot front yard and 0.6 -foot left side yard setback variance for an attached porch. This property is located off of Front Royal Pike (Rt. 522) in the Red Fox Run Subdivision at the end of McClure Way and is identified with Property Identification Number 64D -8 -29 in the Shawnee Magisterial District. ACTION - APPROVED Mr. Patrick Davenport, Zoning Administrator, presented the background information on Variance #07 -01, Lot 30 at Red Fox Run. He stated that the footing location survey completed on November 6, 2000, reported that the building was in compliance with the applicable setbacks; however, the mid - construction survey completed on May 8, 2001, reported that the front porch was constructed with front and left side yard setback violations. It was noted that both applications on today's agenda were from the same applicant and for adjoining lots. Mr. Davenport asked the Board if they wanted to hear the summaries together or separately. The Board felt that since both applications were similar in nature, it made sense to hear them together. Mr. Davenport told the Board that temporary Certificates of Occupation were issued to the homeowners until action was taken on these two applications to resolve the violations. Mr. Ed Yost, legal representative for Glen W. Russell, applicant, requested that they be able to present both applications simultaneously. Mr. Yost stated that the setback violations with the two porches occurred due to the arc on the cul -de -sac. He said that if the arc were not present, and if these had been stoops, the addition of the poured concrete porches would not be an issue. He added that the builder in this case was Glen W. Russell, the son of Glen E. Russell whom he had represented several months ago. He felt that it was important for the Board to realize that this was not the same builder. He added that the violations were not aggrieving in nature, and that the porches were poured concrete, not wooden decks that could easily be trimmed off. They did not feel that the addition of the porches would have a detrimental effect on the character of the neighborhood and asked that the Board approve the variance requests. Mr. Yost also informed the Board that a correspondence had been received from Mr. Barry Sweitzer, Transportation Roadway Engineer with VDOT, stating that the encroachment would not have an adverse effect on the roadway or right -of- way. Many questions were raised as to how the homes had gone from being in compliance to being in violation. Additionally, there were questions as to what point did the porch become apart of the structure. Mr. Scot Marsh, with Marsh and Legge Land Surveyors, the company that did the building location surveys for the two lots, came forward to address the Board. He said that when the footer stakeout report was approved by Frederick County, the original stakes did not include the porch. The homeowners requested that the porches be added, and it was not realized until after the porches were already poured that the arc of the cul -de -sac had created a setback violation. Mr. Marsh further explained that he was on the original committee that created the survey report process. He explained the steps involved in the process and said that consistently, the Russells were meticulous builders but that this was one situation that was not caught by the usual Frederick Co. Board of Zoning Appeals Minutes of June 19, 2001 Minutes Book Page 1115 2 process. A question was presented to Mr. Marsh regarding the fact that although this situation may have been the first of its kind for Mr. Russell, it was not the first time that similar situations had been brought before the Board. If adding porches, or decks for that matter, has the potential for causing violations in the setbacks, why isn't this included in the survey report? Why wait until the building is complete and then bring it to the Board of Zoning Appeals for approval? Mr. Yost suggested that perhaps there are two different definitions of a porch, and that all of the information presented today would be taken back to the Russells and taken into consideration in future building projects. DISCUSSION Mr. Malcolm posed a question about the notification process of the adjoining property owners, and how similar situations like these are handled. If this type of situation has been presented previously and been approved each time, it stood to reason that it should be approved this time as well. It was agreed that violations resulting from porches or decks being built on cul -de -sacs was an issue that needed further discussion but that it was not something that could be undertaken by the Board of Zoning Appeals. On a motion by Mr. Malcolm to approve both Variance Applications #07 -01 and #08- 01 as requested and seconded by Mr. Rinker, the requests were passed by unanimous vote. BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby unanimously approve Variance Application 407 -01, submitted by Glen W. Russell, for Lot 30 at Red Fox Run, requesting a 1.1 -foot front yard and 0.4 -foot right side yard setback variance for an attached porch. BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby unanimously approve Variance Application #08 -01, submitted by Glen W. Russell, for Lot 29 at Red Fox Run, requesting a one -foot front yard and 0.6 -foot left side yard setback variance for an attached porch. OTHER BUSINESS Mr. Davenport presented a follow -up to the idea of having alternate members appointed to the Board of Zoning Appeals. He stated that staff had been instructed to have the Board of Zoning Appeals determine whether the appointment of Mr. Thomas Malcolm to fill the Shawnee Magisterial District seat vacated by Mr. Gilbank Hamilton would alleviate the need for alternate members. Chairman Larrick stated, and the rest of the Board concurred, that the original intent of the request for altemate(s) was to resolve any situation which may arise when BZA members may not be able to attend a public hearing, thereby putting the applicant and anyone else who took the time to attend at an inconvenience by having to reschedule the public hearing. Although it would probably be a rare occurrence, the Board felt that having an alternate(s) appointed should be pursued. It was noted that Mr. Hamilton has expressed an interest in serving as an alternate if called upon. Frederick Co. Board of Zoning Appeals Minutes of June 19, 2001 Minutes Book Page 1 116 Mr. Malcolm brought to the Board's attention that he will be a resident of the new Red Bud District when the boundary lines are redrawn and unless the Court changes his district designation, his tenure on the BZA will be rather short- lived. A brief discussion followed as to when the new Board appointments would take effect; it was believed that it would be sometime after January 1, 2002; therefore, immediate action was not required. As there was no further business before the Board, the meeting adjourned by unanimous consent at 4:25 p.m. Respectfully submitted; Frederick Co. Board of Zoning Appeals Minutes of June 19, 2001 Minutes Book Page 1 117 4 a n V, J&fieErLdrrick, Jr., Chairman