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HomeMy WebLinkAboutBZA 05-15-01 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 May 15, 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; Carol Huff, Secretary CALL TO ORDER The meeting was called to order by Chairman Larrick at 3:25 p.m. MINUTES OF APRIL 17, 2001 On a motion made by Mr. Rinker and seconded by Mr. Hamilton, the minutes for the April 17, 2001 meeting were unanimously approved. PUBLIC HEARING Appeal Application 406 -01 by Tri -County Virginia Opportunities Industrialization Centers, Inc. (Tri -County OIC) and Apple Country Head Start. This is an appeal of the determination made by the office of the Zoning Administrator in the administration of the Zoning Ordinance, pursuant to Section 165 -82D, concerning the operation of a Head Start Program in an MI Light Industrial) Zoning District. This property is located at 444 Shady Elm Road and is identified with Property Identification Number 63 -A -59D in the Back Creek Magisterial District. ACTION -APPEAL GRANTED Mr. Patrick Davenport, Zoning Administrator, presented the background information on the appeal application. Mr. Davenport explained that the proposed Apple Country Head Start Program was not an allowed use in an MI Zoning District and by the definition as provided in the SIC Manual. Dr. Ben Ellis, Director of the Tri-County Virginia O.I.C. and the Apple Country Head Start program, came forward to explain the reasons they are requesting an appeal to allow them to hold the Head Start program in an M1 Zoning District. He began by giving detailed background on Frederick Co. Board of Zoning Appeals Minutes of May 15, 2001 Minutes Book Page 1 I I 1 the purpose and funding of the federal Head Start Program. He pointed out that there is no cost to the localities that they serve, as Head Start is funded by the federal government. Additionally, there is a great need in the areas that they serve and this appeal was necessary in order to meet that need. He continued by saying that the building they are proposing to use is the same building that previously housed the Tri- County Virginia O.I.C. Program before they lost their funding, and that the classrooms could easily be converted for use by children in Head Start. They have been awarded extra money in order to expand the local Head Start Program. He stated that the school system could not provide the additional space required for this expansion and that after the existing building was inspected by Mr. John Trenary (Frederick County Building Inspections Official), it was determined that no Change of Use Permit was necessary. Mrs. Catlett asked about the certification of the teachers who would be at the school, and about whether infants would eventually be accepted into the program, thus becoming a daycare center. Dr. Ellis replied that the Head Start Program was for children ages three to five and that even if they applied for licensing for children under the age of three, it was ' a home -based program and would not be located at the school. Further discussion included questions about the number of classrooms, whether there were safety issues to consider, school bus traffic, and whether the site was zoned M1 when the O.I.C. program first started. Mr. Rinker inquired as to whether the teachers ever worked with the parents; Dr. Ellis replied that they actively seek to involve the parents as much as possible. Mr. John Poux, former Executive Director of Tri- County O.I.C., was present and offered his support of the proposed use. He stated that he did not believe the Head Start Program would have a negative impact and approving this appeal would not have a detrimental effect on the surrounding properties. Mr. Davenport pointed out that it was possible that a positive return by this Board would enable similar uses in other M 1 Zoning Districts. Chairman Larrick responded that the Virginia Supreme Court recently ruled that decisions by Boards of Zoning Appeals had no precedential value; although there is the need to be consistent. Each application had to be handled on a case -by -case basis. There was no one else present to speak for or against the appeal; therefore, the public hearing portion of the meeting was closed. DISCUSSION Mr. Rinker asked staff how daycare was handled within industries in an Ml Zoning District these days; and gave the General Electric plant as an example. Mr. Lawrence replied that it could be considered an accessory use. Chairman Larrick commented that the Board was mindful of Mr. Davenport's statements but his belief was that the Head Start Program was not a daycare facility. Mr. Rinker stated that Mr. Poux put a great amount of work into establishing the Tri- County O.I.C. Program and was sorry to see it close; however, the Head Start Program was a good rick Co. Board of Zoning Appeals Les of May 15, 2001 Minutes Book Page 1112 2 use of the property. Mr. Perry moved to grant the appeal based on the determination that Apple Country Head Start is a vocational school. Mr. Hamilton seconded the motion. The motion was approved by unanimous vote. BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby grant Appeal Application #06 -01 by Tri -County Virginia Opportunities Industrialization Centers, Inc. (Tri -County OIC) and Apple Country Head Start, to operate a Head Start Program in an MI (Light Industrial) Zoning District. This determination is for the property located at 444 Shady Elm Road. OTHER BUSINESS Mr. Davenport presented research he had done on having alternate members appointed to the Board of Zoning Appeals. He told the Board that what was needed was a resolution from them requesting that the Board of Supervisors appoint up to three alternates. Mr. Lawrence stated that compensation would be handled in the same manner as the current members, in that the alternates would only receive a check for meetings attended. This way, the budget is not affected as there will always be just five members (or alternates) being compensated. Mr. Perry made a motion to send a resolution to the Board of Supervisors requesting appointments for up to three alternate members; Mr. Rinker seconded the motion which passed by unanimous vote. As there was no further business before the Board, the meeting adjourned by unanimous consent at 4:10 p.m. Respectfully submitted, k Co. Board of Zoning Appeals of May 15, 2001 Minutes Book Page 1113 1 !I /\ Y JamesLarric , Jr., Chairman