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AGENDA
FREDERICK COUNTY BOARD OF ZONING APPEALS
The Board Room
Frederick County Administration Building
107 N. Kent Street
Winchester, Virginia
March 21, 2006
3:25 p.m. CALL TO ORDER
1) Determination of a Quorum
2) Minutes of February 21, 2006
PUBLIC HEARING
3) Variance Request #01-06 of Roy Gottschalk, for a 30.5' variance on both sides of the
property. This property is located in Lake Serene, on Lake Serene Drive, Lot 36, and is
identified with Property Identification Number 31 B-1-36 in the Gainesboro Magisterial
District.
4) Variance Request #02-06 of Donald Haley, for a 90' northern yard and a 40' southern
side yard variance. This property is located at 1008 Back Mountain Road (Route 614), and
is identified with Property Identification Number 39-A-82 in the Back Creek Magisterial
District.
5) Variance Request #03-06 of Matthew Robertson, for a 36' side yard variance. This
property is located on East Parkins Mill Road (Route 644), Lot 51, and is identified with
Property Identification Number 77-A-51 in the Shawnee Magisterial District.
6) Other
MEETING MINUTES
OF THE
FREDERICK COUNTY BOARD OF'Z ONING' APPEALS
Held in the Board Room of the Frederick County Administration Building, 107 N. Kent Street,
Winchester, Virginia, on, February 21, 2006.
PRESENT: Theresa Catlett, Chairman, Opequon District; Robert Perry, Vice Chairman, Stonewall
District; Dudley Rinker, Back Creek District; and, Lennie Mather, Red Bud District.
ABSENT: Dwight Shenk, Gainesboro District; Kevin Scott, Shawnee District; and Robert W. Wells,
Member -At -Large.
STAFF
PRESENT: Mark R. Cheran, Zoning and Subdivision Administrator; Bernard Suchicital, Planner I;
and, Bev Dellinger, BZA Secretary.
CALL TO ORDER
The meeting was called to order by Chairman Catlett at 3:25 p.m.
Chairman Catlett said the first item on the agenda is the adoption of the Bylaws. She asked if
everyone has had an opportunity to review the changes that were made. Mr. Rinker had a question on
1-2-1 regarding "nomination of officers shall be made from the floor at the first meeting". He stated
that sounds like the public is nominating the officers, and it should be clear that the motion to
nominate officers is made by BZA members. Mr. Cheran noted that and stated that he will make that
change, and the Board can still adopt the Bylaws today.
Mr. Rinker made a motion to approve the Bylaws, with the noted change. Mr. Perry seconded
and the motion passed unanimously.
On a motion by Mr. Perry and seconded by Mr. Rinker, the minutes for the December 20, 2005
meeting were unanimously approved as presented.
On a motion by Mr. Perry and seconded by Mr. Rinker, the minutes for the January 17, 2006
meeting were unanimously approved as presented.
Chairman Catlett asked Mr. Cheran the cut-off date for the next meeting. Mr. Cheran replied
that Friday, February 24, 2006, is the cut-off date.
Frederick County Board of Zoning Appeals
Minutes of February 21, 2006 Minute Book Page 1358
PUBLIC HEARING
Variance Request #25-05 of Donald Haley, for a 10' front yard and a 10' rear yard variance. This
property is located at 1008 Back Mountain Road (Route 614), and is identified with Property
Identification Number 39-A-82 in the Back Creek Magisterial District.
ACTION — VARIANCE DENIED
Before staff comments could be heard, Mr. Cheran advised that this property was not properly
posted for the hearing, per the Code of Virginia. Therefore, this item should not be heard today. The
history of this request is that we are at the 90 day limitation to hear this item because it was postponed at
the November 2005 meeting, and tabled for 60 days at the December 2005 meeting. The Board has to
act upon the request at this meeting. One of the legal requirements of the applicant is to post the hearing
sign, and because the hearing sign was not posted on the property, the requirement was not met.
Chairman Catlett asked if it is the applicant's or staff's responsibility and Mr. Cheran stated it's the
responsibility of the applicant. Chairman Catlett asked Mr. Cheran how staff verified that the sign was
not posted and Mr. Cheran responded that staff checked three times last week, the last time being Friday,
and verified that it wasn't posted. The sign should be posted at least one week prior to the meeting.
Chairman Catlett asked if the Board does not approve this request today, does the applicant have to re-
apply and Mr. Cheran stated yes he does.
Chairman Catlett asked if the applicant is present and Mr. Haley approached the podium.
Chairman Catlett asked Mr. Haley if he understands the reason why the Board cannot hear his request.
Mr. Haley said it was posted, but he's a truck driver and he's on the road. He stated the sign was up in
his front yard and they had a real bad wind storm and the sign fell down. Chairman Catlett stated that
the requirement is that it be posted for one week prior to the meeting. Mr. Haley stated that the first two
times he applied he was told he did not have to be present and the sign was in his yard. He's here today
because he was told he had to be present. Chairman Catlett told Mr. Haley that if the sign is not posted
so that any interested party can see the sign and come to the meeting, then this Board doesn't have a
choice in hearing the matter.
Mr. Perry stated that in reference to the facts just heard, he moves for denial of this variance
request. Mr. Rinker seconded the motion and it passed unanimously.
PUBLIC HEARING
Variance Request 901-06 of Roy Gottschalk, for a 35' variance on both sides of the property. This
property is located in Lake Serene, on Lake Serene Drive, Lot 36, and is identified with Property
Identification Number 31B-1-36 in the Gainesboro Magisterial District.
ACTION — VARIANCE TABLED
Mr. Suchicital gave the staff report. Frederick County adopted performance zoning in 1967. The
Frederick County historical zoning map shows this 1.00 acre property was zoned A-1 (Agricultural
Limited) in 1972. The property setback lines at the adoption of the zoning ordinance were 35' front and
15' sides. Frederick County amended its Ordinance in 1989 to change the rural zoning districts to the
Frederick County Board of Zoning Appeals
Minutes of February 21, 2006 Minute Book Page 1359
current RA (Rural Areas) Zoning District, making the current setbacks for the property 60' front, 50'rear
and 50' sides
The Code of Virginia, Section 15.2-2309(2), states that no variance shall be authorized by the
Board unless it finds that a) strict application of the Ordinance would produce an undue hardship; b) that
such hardship is not shared generally by other properties in the same zoning district and the same
vicinity; and, c) that the authorization of such variance will not be of substantial detriment to adjacent
property, and that the character of the district will not be changed by the granting of the variance.
The applicant is seeking a variance of 35' on the left and right sides of the property to build a
residential structure of approximately 2,877.24 square feet in size. Should this variance be granted, the
building setbacks for this property would be 60' in the front, 50' in the back and would change to 15' on
the sides. It appears that this variance meets the intent of the Code of Virginia, Section 15.2-2309(2).
This request from the current setbacks of the RA zoning district may be justified.
Mr. Perry asked the footprint of the house and Mr. Suchicital responded that it's in the agenda
packet. According to the drawing, it will be 15.3' on one side and 15.7' on the other side.
Chairman Catlett asked the applicant to come forward. Mr. Gottschalk came to the podium and
identified himself. Mr. Gottschalk stated that where the lot stands and where the septic field is, the only
place he can put the house is where it's located on the drawing and without a variance, he can't build.
Mr. Rinker asked if the house could be rotated a little clockwise so it's not sitting at so much of
an angle. Mr. Gottschalk stated he thinks the way it is now gave them the most amount of room. Mr.
Rinker further stated that the house is taking up every bit of that 15' setback, where if it's rotated a little
bit, he could have 15' to 20'.
Mr. Perry stated that he agrees with Mr. Rinker. Mr. Gottschalk stated it's something that could
be done. He further stated they were trying to get more of a view of the lake and that's the reason they
located it that way.
Mr. Perry asked Mr. Gottschalk if there is any topographical reason for orienting the house the
way it is on the drawing and Mr. Gottschalk responded no.
Chairman Catlett asked if anyone else is here to speak in favor of the variance and no one
responded. Chairman Catlett stated that it looks like a number of people are here today so anyone who
does speak, the Board would like to hold that to a maximum of three minutes. She asked if anyone is
here to speak who is opposed to the variance.
Mr. Clinton Ritter, attorney for Mr. Preston Moffett, Jr., approached the podium and identified
himself. Mr. Ritter stated that Mr. Gottschalk owns two lots, which the previous owners sold to him as
if it were one parcel, for privacy sake. Mr. Ritter further stated that the drainfield shown on the plat is
located in an area they feel when they have huge snowfalls and rains, everything runs down through that
hollow and water actually shoots out of the culverts and runs down through the hollow in the middle of
Mr. Gottschalk's lot. That could be the reason it hasn't been built on for the last 35 years. Mr. Ritter
stated that his client, Mr. Moffett, is concerned about protecting the beauty and the water of the lake.
Frederick County Board of Zoning Appeals
Minutes of February 21, 2006 Minute Book Page 1360
Chairman Catlett asked Mr. Cheran if any decision made today by the BZA would be subject to
the drainage and drainfield approval by other departments before the building permit is issued. Mr.
Cheran stated that is correct. Mr. Cheran stated that on the plat under "Flood Note", it states Zone C,
which means it is not a flood prone area. There may be a drainage run-off, but it's not in the flood plain.
Chairman Catlett asked if there is anyone else opposed to this request who would like to speak.
The following individuals came before the Board and spoke against the variance request: Mr. Paul
Holley, Mr. Donald Vaschon, Mrs. Dolly Vaschon, Mr. Preston Moffett and Phyllis Bridinger.
Mr. J. T. Anderson spoke in favor of the variance request.
The public hearing portion of the meeting was closed.
DISCUSSION
Mr. Rinker asked Mr. Gottschalk if the drainfield has been approved and signed off by the
Health Department and Mr. Gottschalk responded yes. Mr. Rinker asked when that was done and Mr.
Gottschalk stated two months ago. Mr. Rinker asked who did the perc test and Mr. Gottschalk said Greenway
Engineering.
Mr. Perry stated the only concern he has is if there's no topographical reason for the house to be
oriented as is presently shown on this plat, he would like to see an investigation to rotate the house to
minimize the required variance from this Board. By rotating the footprint on the plat, Mr. Gottschalk could
drastically reduce the requested variance.
Mr. Rinker made a motion that this request be tabled until the next meeting in order to see a plat
where the house is rotated so the variance can be minimized. Mr. Perry seconded the motion and it passed
unanimously.
Mr. Ritter stated that within this private subdivision, there is an Architectural Review Board
where the property owners are supposed to bring house plans for Board approval. This has not been done and
that's one thing that maybe would have eliminated his neighbors and friends from showing up today.
OTHER
Chairman Catlett asked if there is any other business to come before the Board.
As there were no other items or new business to be discussed, the meeting adjourned at 4:30 p.m. by
unanimous vote.
Frederick County Board of Zoning Appeals
Minutes of February 21, 2006 Minute Book Page 1361
Respectfully submitted,
Theresa B. Catlett, Chairman
Bev Dellinger, Secretary
Frederick County Board of Zoning Appeals
Minutes of February 21, 2006 Minute Book Page 1362
VALANCE APPLICATION #01-06
ROY GOTTSCHALK
Staff Report for the Board of Zoning Appeals
Prepared: March 6, 2006
Staff Contact: Bernard S. Suchicital, Planner I
This report is prepared by the Frederick County Planning Staff to provide information to the Board
of Zoning Appeals to assist them in making a decision on this request. It may also be useful to
others interested in this zoning matter.
BOARD OF ZONING APPEALS HEARING DATE:
February 21, 2006 - Tabled
March 21, 2006 - Action Pending
LOCATION: Lake Serene, on Lake Serene Drive, Lot 36
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER(S): 31B-1-36
PROPERTY ZONING & USE:
Zoned: RA (Rural Areas)
Land Use: Vacant and Residential
ADJOINING PROPERTY ZONING & USE.:
North: RA (Rural Areas)
South: RA (Rural Areas)
East: RA (Rural Areas)
West: RA (Rural Areas)
Use: Lake
Use: Common Land
Use: Residential
Use: Residential
VARIANCE REQUESTED:
A 30.5' variance for both the left and right sides of the property.
REASON FOR VARIANCE,:
The lot predates the current zoning ordinance with regards to RA setbacks and prevents any new
structure to be built.
Variance Request #01-06, Roy Gottschalk
March 6, 2006
Page 2
STAFF COMMENTS:
Frederick County adopted performance zoning in 1967. The Frederick County historical zoning map
shows this 1.00 acre property was zoned A-1 (Agricultural Limited) in 1972. The property setback
lines at the adoption of the zoning ordinance were 35' front and 15' sides. Frederick County
amended its Ordinance in 1989 to change the rural zoning districts to the current RA (Rural Areas)
Zoning District, making the current setbacks for the property 60' front, 50'rear and 50' sides.
S'T'AFF CONCLUSIONS FOR THE FEBRUARY 21, 2006 MEETING:
The Code of Virginia, Section 15.2-2309(2), states that no variance shall be authorized by the Board
unless it finds that a) strict application of the Ordinance would produce an undue hardship; b) that
such hardship is not shared generally by other properties in the same zoning district and the same
vicinity; and, c) that the authorization of such variance will not be of substantial detriment to
adjacent property, and that the character of the district will not be changed by the granting of the
variance.
As of the last public hearing held on February 21, 2006, the applicant was asked to reduce the
amount of distance he was applying for, which was 35'. The applicant is now seeking a variance of
30.5' on the left and right sides of the property to build a residential structure of approximately
2,877.24 square feet in size. Should this variance be granted, the building setbacks for this property
would be: 60' in the front, 50' in the back, and new side setbacks of 19.5'. It appears that this
variance meets the intent of the Code of Virginia, Section 15.2-2309 (2). This request from the
current setbacks of the RA zoning district may be justified.
SUMMARY AND ACTION OF FEBRUARY 21, 2006 BZA MEETING: Mr. Rinker made a
motion that this request be tabled until the March 21, 2006 meeting in order to see a plat where the
house is rotated so the variance can be minimized. Mr. Perry seconded the motion and it passed
unanimously.
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APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGMIA
WJST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT
1. The applicant is the owner other _. (Check one)
2. APPLICANT: OCCUPANT: (if different)
NAME:
ADDRESS -44 D's [AQ'k e- 'S Q 112 "C ADDRESS:
Lir P_ IS f e V
TELEPHONE: 6 yo 4P L- 7 ,' 53, (Q TELEPHONE:
3. The property is located at (give exact directions and include State Route numbers):
T_
'7)
j ovi V
J -
4. The property has a road frontage of
0 (feet and a depth of feet
and consists of 1 acres (pleasebeexact).
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Page 5 of 9
ON
USE_LY-
ariance Ap -
Wial Deadline
Sub iniff lal- D meeting!,;
#
'g p,
WJST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT
1. The applicant is the owner other _. (Check one)
2. APPLICANT: OCCUPANT: (if different)
NAME:
ADDRESS -44 D's [AQ'k e- 'S Q 112 "C ADDRESS:
Lir P_ IS f e V
TELEPHONE: 6 yo 4P L- 7 ,' 53, (Q TELEPHONE:
3. The property is located at (give exact directions and include State Route numbers):
T_
'7)
j ovi V
J -
4. The property has a road frontage of
0 (feet and a depth of feet
and consists of 1 acres (pleasebeexact).
W 4
Page 5 of 9
1
5. The property is owned byas evidenced
by deed from recorded (previous owner) in deed book
no. on page of the deed books of the Clerk of the Court for
Frederick County. Please attach a copy of the recorded deed.
h
6. Magisterial District: 7 ci, � �� � J ti 0
7. Property Identification No.: 3 lb- 1 • -3 (u
8. The existing zoning of the property Yis: c
9.
The existing use of the property is: f 1 c, � A E �2, e � o i
10. Adjoining Property:
USEff ZONING
t'
North ,`-'d 1�V`m -.y, ���, taclv)1+21iiI j u' i C v ,�
J
East R s <1ta
South. .,( �s
West t� C4
11. Describe the variance sought in terms of distance and type. (For example: "A 3.5'
rear yard variance for an attached two -car garage.")
12. List specific reason(s) why the variance is being sought in terms of -
exceptional narrowness, shallowness, size or shape of property, or
exceptional topographic conditions or other extraordinary situation or condition of
property, or
the use or development of property immediately adjacent thereto
�. �= :'� � r1 c� F r'�, ��". 6� �) '�'" � 1 ��G 1L � ➢ If�`� (��. t � i � 1 y 1'1 ' S � � �}iu
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L"='+t1 ��i v e-1.�'� �w��� !`" c: �iv�i�li± Y (,1`tj..�..
14N� t -
Page 6 of 9
13. Additional comments, if any:
14. The following names and addresses are all of the individuals, firms, or corporations
owning property adjacent to the property for which the variance is being sought,
including properties at the sides, rear and in front of (across street from) the subject
property. (Use additional pages if necessary.) These people will be notified by mail
of this application:
I A-MiE
z
Address �,ar, t L ✓i (q
Property ID # 3
L' Cy
G: Q s c L,
Address L) [ C -i I� & S e v _
Property ID# 313 ►,.3�
i J- c..
Address L
.
Property ID #
p 3 i - -
_
Address
Property ID #
Address
Property ID #
Address
Property ID #
Address
Property ID #
Address
Property ID #
Page 7 of 9
CIL
15. Provide a sketch ofthe property (you may use this page or attach engineer's drawing).
Show proposed and/or existing structures on the property, including measurements
to all property lines and to the nearest structure(s) on adjoining properties. Please
include any other exhibits, drawings or photographs with this application.
Page 8 of 9
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34.2' PROPOSED
WELL S1TE
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LOT 35 /
� 60
107- J6
33,106 SO. FT.
A
4 / PROPOSED
s
DRAINFIELD SITE
w O 62
a �✓ X50 49.8•
ti
4946-0. /AF
IRF 07 2117
177 S 483738" W
LAKE D�4E
fI0010 /IOTl'
LOT 37
J
ZONE- C
COMMUNITY NO.: 510063
PANEL: 0105 B IRF — IRON ROD FOUND
DATE. 07-17-78 GRAPHIC SCALE
50 0 25 50 100
I_
1. NO TITLE REPORT FURNISHED.
2. PROPERTY IDENTIFICATION NO. 315-1—J6 t inch = 50 ft.
J. EASEMENTS MA Y EXIST THA T ARE NOT SHOWN ON THIS PLAT.
4. THE BOUNDARY INFORMATION SHOWN HEREON IS BASED ON AN ACTUAL FIELD RUN SURVEY MADE
ON ✓UNE 16, 2005 ORIENTED TO A PLA T DA TED JUL Y 9, 1969 B Y LEE A. EBERT, C. L.S.
N PLAT SHOWING
V MBER 9
,x�LTH OF
LOCA F10,"/ Or PROPOSES NOJSc
LAKE SERENE/
o las e
LAKE SERENE DRIVE
No.0 1197
GAINESSORO MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA,
2005
/Z����S
tz
67
REVISED: DECEMBER 14, 2005 � +` . i1'D SURVsi-
10 7051 -KB KHB .
60 NORTH OUDO
MARSH & LEGGE WIN HESTERL IRGINIASTREET 22601
Ladd Surveyors, P. L.C. PHONEFAX (540) 667-0469
fi
ORIGINTAL , REQUEST
0�
,5rV
LOT 35 v
h9
LAKE SERENE
100-00
N 34. ,p5N X664
34.2 PROPOSED
WELL SITE
offset 5.4
LOT 36
/ 33,106 50. FT.
PROPOSED j
DRAINFIELD SITE /
B?•
49 8,
S 483738" W
LAKE SERENE DRIVE
FLOOD NOTE-
ZONE- C
COMMUNITY NO.: 510063
PANEL: 0105 B
DA 7F• 07-17-78
LOT 37
LEGEND
IRF - IRON ROD FOUND
GRAPHIC SCALE
NO TES- so 0 25 so 100
1. NO 777LE REPORT FURNISHED.
2. PROPERTY IDEN 77FICA 7701V NO. 31B-1-36 1 inch = 50 ft.
J. EASEMENTS MA Y EXIST THA T ARE NOT SHOWN ON THIS PLA T.
4. THE BOUNDARY INFORMA770N SHOWN HEREON IS BASED ON AN ACTUAL FIELD RUN SURREY MADE
ON JUNE 16, 2005 ORIENTED TO A PLAT DA7FD JULY 9, 1969 BY LEE A. EBERT, C.L.S.
PLAT SHOWING oTH OF y�}
LOCA TION OF PROPOSED HOUSE
LOT 36 rte,
L'A. RSERFT&
LAKE SERENE DRIVE" olgfglas . Legge
GAINESBORO MAG157ERIAL DISTRICT No. 001197
FREDERICK COUNTY, VIRGINIA
FEBRUARY 27, 2006REVIz�i
2005
REVISED.•- FEBRUARY 2DECEMBE8 2006 gob SURVVI oD�
ID 7051 -PROPOSED HOUSE
DJF
ARS560 NORTH LOUDOUN
l . _P„� WINCHESTER, VIRG NIASTREET 22601
Land Surveyors, P.. C. PHONE 667-0468
FAX 540) 667-0469
NEW REQUEST
Frederick County Department of Geographic Information Systems
IV County BiaLdndar
Taxrrmps
Par tax
L—ifradorick vazi i
Page 1 of
'scla"'er: Frederick County does not give any expressed or implied warranties, conditions, representations,
'nd 7ties of any kind, statutory or otherwise, concerning any or all of the Frederick County GIS data. Frederick
CoL�nt GIS data is a "work in mess" and is provided as is, with all its faults.
,uestions about the website or mapping please contact the Dept. of GIS at 540-665-5614. For questions on the Tax
atebase please contact the Commissioner of Revenue at 540-665-6358
http://gis.co.f ederick.va.us/Freeance/Client/P?zblicAccess1/pdintFram-e.html 10/7/2005
AGREEMENT
VALANCE # (f � / - 0 !
VALANCE APPLICATION #02-66
DONALD HALE'
Staff Report for the Board of Zoning Appeals
Prepared: February 28, 2006
Staff Contact: Kevin T. Henry, Planning Technician
This report is prepared by the Frederick County Planning Staff to provide information to the Board
of Zoning Appeals to assist them in making a decision on this request. It may also be useful to
others interested in this zoning matter.
-30A RD OF Z'ON-YING APPEALS HEARING DATE:
March 21, 2006 - Action Pending
LOCATION: 1008 Back Mountain Road (Route 614)
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUr'AP 3E N: 39-A-82
PROPERTY ZONING & USE: Zoned: RA (Rural Areas)
Land Use: Residential
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) Use: Agricultural
South: RA (Rural Areas) Use: Residential
East: RA (Rural Areas) Use: Agricultural
West: RA (Rural Areas) Use: Agricultural
VARIANCE REQUESTED: A 40' southern side yard variance and a 90' northern yard
variance, resulting in 10' side yard setbacks.
PYASON FOR VARIANCE: Narrowness
Variance Request #02-06, Donald Haley
February 28, 2006
Page 2
STAFF COMMENTS:
Frederick County adopted zoning in 1967. The Frederick County historical zoning map shows this
property was zoned A-2 (Agricultural General) in 1967. The property setback lines at the adoption of
the zoning ordinance were 35' for the fronts (any time property faces a road) and 15' for the side
yards. Frederick County amended its Ordinance in 1989 to change the rural zoning districts to the
current RA (Rural Areas) Zoning District, making the current setbacks for the property 60'front, 50'
to the Southern side and 100' to the Northern side, in which the adjoining property is used
agriculturally. This property is unique in that it has two front yards because of the existing road
location.
Frederick County zoning requires a 100' setback for any dwelling adjoining a lot which provides an
agricultural land use. The proposal for a 90' variance on the North boundary would be a drastic
decrease from the required setback.
STAFF CONCLUSIONS FOR THE MARCH 21, 2406 MEETING: The Code of Virginia,
Section 15.2-2309(2), states that no variance shall be authorized by the Board unless it finds that a)
strict application of the Ordinance would produce an undue hardship; b) that such hardship is not
shared generally by other properties in the same zoning district and the same vicinity; and, c) that the
authorization of such variance will not be of substantial detriment to adjacent property, and that the
character of the district will not be changed by the granting of the variance.
The applicant is seeking a variance of 40' on the southern side and 90' from the northern side to
replace an existing mobile home. Should this variance be granted, the building setbacks for this
property would be: 60' for each of the front yards (road frontage), and would change to 10' on the
sides. It appears that this variance meets the intent of the Code of Virginia, Section 15.2-2309 (2).
This request from the current setbacks of the RA zoning district may be justified.
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OCT 79 2005
APPLICA'I ION FOP, v_Ap_irAN, C
IN THE
COi N—fY OF FREDERICK VIRGI NT A A, �/�- � � z /, l
I TS'T RE 'l D OR LFn nrrr LN I ,C - PL?TASE p
1. The applicant is the owner other . (Check one)
2. APPLICANT:
AIDI)RFss 16cg Pa.4C
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TELEPHONE: �3W -- 8,77- A -7,?l
OCCUPANT: (if different)
NAME:
ADDRESS:
TELEPHONE:
3. The property is located at (give exact directions and include State Route numbers):
if n1 c��ste�
6-0 tc -t App
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4. The property has a road frontage of _L&C feet and a depth of, feet
and consists of _acres (please be exact).
Page 5 of 9
The property is owned by 'T)o rJc— W L, &1,2-v as evidenced
by deed from ,),]"E �" � , �� � mre (previous owner) indeed book
no. W -7 on page 3/9 of the deed books of the Clerk of the Court for
Frederick County. Please attach a copy of the recorded deed.
6. Magisterial District: O -J2
7. Property Identification No.: 3 9 - Gq - S
8. The existing zoning of the property is: /(?w
9. The existing use of the property is:
10. Adjoining Property:
USE
North
East �� e,
South .
West
ZONING-
_
11. Describe the variance sought in terms of distance and type. (For example: "A 3.5'
rear yard variance for an attached two -car garage. ")
w2�- A0 Id � Aovs� —r�& 0 -- .
12. List specific reason(s) why the variance is being sought in terms of -
V4fV exceptional narrowness, shallowness, size or shape of property, or
exceptional topographic conditions or other extraordinary situation or condition of
property, or
the use or development of property immediately adjacent thereto
Page 6 of 9
13. Additional comments, if any:
14. The following names and addresses are all of the indivic'.fuals, firms, or corporations
owning property adjacent to the property for which the variance-
ariance is being sought,
including properties at the sides, rear and in front of (across street from) the subject
property. (Use additional pages if necessary.) These people will be notified by mail
of this application:
NA'ha
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Address 10 9&-/-10 Y LIT -V& Cj:i�U#- g
Property ID # 4
Address P93V
Properly ID # °,4 7-0
Address C�L�-
Property ID # 4 v7 -
Address - (0 �j' 1 /3 qLV— l a
Property ID # '� 9 � 4 — ��—
Address 1 —4 7—
Property ID #
Address
Property ID #
Address
Property ID #
Address
Property ID #
Page 7 of 9
15. Provide a sketch of the property (you may use this page or attach erg gtneer's drawing).
Shove proposed and/or existing structures on the proper, i��cl�►ding �neasu ernents
to ali property lines and to the nearest structure(s) on adjoining properr;es. please
include any other exhibits, drawings or photographs with this application.
to 7I L= 16
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Page 8 of 9
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(Number to be =rigned Lr, the Planning Dept.)
I (we), the undersigned, do hereby respectfully make application, and petition the Frederick
County Board of Zoning Appeals (BZA) to gram a variance to the terms of the Frederick
County Zoning Ordinance as described herein. I agree to comply with any conditions for the
variance required by the BZA.
I authorize the members of the BZA and Frederick County officials to go upon the p -R operty
for site inspection purposes.
I understand that the sign issued to me when this application is submitted must be placed at
the front pr operty line at least seven (7) days prior to the BZA pubb c hearina and maintained
so as to be visible from the road or right-of-way until the hewing.
I hereby certify that all of the statements and in--ormation contained herein are, to the besi
Of my knowledge, true.
IGINATURE OFAFPI,FCAS
ATB
SIGNATUI,E OF OWNER � .DA TEE
th
(if other an zpplic
-OY CE USE 011T14 -
BZA PUBLIC HEARING OF ! C` _ ACTION:
APPROVAL SIGNER,._,
DENL4LL DA'Z'E:
Page 9 of 9
VARIANCE APPLICATION 903-06
lam. LTTHEW ROBERTSON
Staff Report for the Board of Zoning Appeals
Prepared: March 9, 2606
Staff Contact: Kevin T. Henry, Planning Technician
This report is prepared by the Frederick County Planning Staff to provide information to the Board
of Zoning Appeals to assist them in making a decision on this request. It may also be useful to
others interested in this zoning matter.
BOARD OF ZONING APPEALS HEARING DATE:
March 21, 2006 - Action Pending
LO CATION: East Parkins Mill Road (Route 644), Lot 51
MAGRSTERIAL DISTRICT: Shawnee
1'R,QPER'-rY Ili 1+1UMiBER(S): 77-A-51
PROPERTY ZONING & USE: Zoned: RA (Rural Areas)
Land Use: Vacant
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas)
South: RA (Rural Areas)
East: RA (Rural Areas)
West: RA (Rural Areas)
VARIANCE REQUESTED:
Use: Business
Use: Residential
Use: Residential
Use: Residential
36' variance for side yards (resulting in 14' side yard
setbacks)
REASON FOR VARIANCE: Narrowness
Variance Request #03-06, Matthew Robertson
March 9, 2006
Page 2
STAFF COMMENTS:
Frederick County adopted zoning in 1967. The Frederick County historical zoning map shows this
property was zoned A-2 (Agricultural General) in 1967. The property setback lines at the adoption of
the zoning ordinance were 35' for the fronts and 15' for the side yards. Frederick County amended its
Ordinance in 1989 to change the A-2 zoning districts to the current RA (Rural Areas) Zoning
District, making the current setbacks for the property: 60'front, 50'rear, and 50' to both sides. This
variance would change the setbacks for the side yards to 14'.
STAFF CONCLUSIONS FOR THE MARCID_ 21, 2006 MEETING: The Code of Virginia,
Section 15.2-2309(2), states that no variance shall be authorized by the Board unless it finds that a)
strict application of the Ordinance would produce an undue hardship; b) that such hardship is not
shared generally by other properties in the same zoning district and the same vicinity; and, c) that the
authorization of such variance will not be of substantial detriment to adjacent property, and that the
character of the district will not be changed by the granting of the variance.
The applicant is seeking a variance of 36' variance for both side yards. Should this variance be
granted, the building setbacks for this property would be 60' in the front, 50' in the back, and would
change to 14' on the sides. It appears that this variance meets the intent of the Code of Virginia,
Section 15.2-2309 (2). This request from the current setbacks of the RA zoning district may be
justified.
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kPPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
-OFFICE USE ONLY- . I
Variance Application.No. Submittal Deadline:
Submittal Date: For the meeting of
Fee Paid: es initials:
t
Sign Deposit 'resi,
BE TY. PED
1. The applicant is the owner
Z. APPLICANT:
NAME2. -Z
ADDRESSr;-71�_a,__
TELEPHONE:
- PLEASE P PtJINT
other. V . (Check one)
OCCUPANT: (if different)
I
NAME: y.
xe 10 k1l t 1�1
ADDRESS.
TELEPHONE:
3. The prope-Aty is located at (give exact directions and include State Route numbers):
e
71
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4. The property has a road frontage of feet and a depth of feet
and consists of acres (please be exact).
Page 5 of 9
5. The properly is owned by °�� �-� �a `� ��� as evidenced
by deed from Alp h"' J =r o °�� � '` recorded (previous owner) in deed
book no. `-n"' on page -7 ' of the deed books of the Clerk of the
Court for Frederick County. Please attach a copy of the recorded deed.
6. Magisterial District: i d L-
7. Property Identification No.:
8. The existing zoning of the property is: >`
9. The existing use of the property is: ;
10. Adjoining Property:
11. Describe the variance sought in terms of distance and type. (For example: "A 3.5'
rear yard variance for an attached two -car garage.")
f
12. List specific reason(s) why the variance is being sought in terms of
-
exceptional exce tional narrowness, shallowness, size or shape of property, or
exceptional topographic conditions or other extraordinary situation or condition of
property, or
the use or development of property immediately adjacent thereto
Page 6 of 9
`� ��
ZONING
ONING
North
��i .. ,
East
�' t c' •�, L
r' ��
South
West.s
11. Describe the variance sought in terms of distance and type. (For example: "A 3.5'
rear yard variance for an attached two -car garage.")
f
12. List specific reason(s) why the variance is being sought in terms of
-
exceptional exce tional narrowness, shallowness, size or shape of property, or
exceptional topographic conditions or other extraordinary situation or condition of
property, or
the use or development of property immediately adjacent thereto
Page 6 of 9
13. Additional continents, if Jany = 1> iii ! l -f
14. The following names and addresses are all of the individuals, firms, or corporations
owning property adjacent to the property for which the variance is being sought,
including properties at the sides, rear and in front of (across street from) the subject
property. (Use additional pages if necessary.) These people will be notified by mail
of this application:
NAME
%(b-e{i%C1r,��j.�✓iy
Address //d e-.
l ✓r�� S �t �/'
Property ID # -7
`1' o
vi -<-
,rt"� dt- i.t 5k"�'�J (
Address
Property ID
' (� 5 •� d ,? fc,
Address
Property ID #
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/ J4
Address (
_
Property ID # '72-A
A
Address
Property ID #
Address
Property ID #
Address
Property ID #
Address
Property ID #
Page 7 of 9
1J.
PrVVlUG Q J1LGLt11 of the property (�Vu m4� L'Se tliiu page yr attach englrivvr ci
drawing). Show proposed and/or existing structures on the property, including
measurements to all property lines and to the nearest structure(s) on adjoining
proerties_Please include any other exhibits drawings or_phoographs with this
application.
ly
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is
Page 8 of 9
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COMM LMD SURVEYORS
23 hunogrchi SiREI:i
WIWCHESYEk VlWHlA 22601
AGREEMENT
VARIANCE # 03 .(, 6
(Number to be assigned by the Planning Dept)
I (we), the undersigned, do hereby respectfully make application, and petition the Frederick
County Board of Zoning Appeals (BZA) to grant a variance to the terms of the Frederick
County Zoning Ordinance as described herein. I agree to comply with any conditions for
the variance required by the BZA.
I authorize the members of the BZA and Frederick County officials to go upon the property
for site inspection purposes.
I understand that the sign issued to me when this application is submitted must be placed at
the front property line at least seven (7) days prior to the BZA public hearing and maintained
so as to be visible from the road or right-of-way until the hearing.
I hereby certify that all of the statements and information contained herein are, to the best
of my knowledge, true.
SIONATUP, E OF AP
DATE c - /o', 1 ?r
SIGNATURE. OF 0WNER DAVE
f
(if other than applicant)
_tEEICEZTSE ONLY-
BZA PUBLIC HEARING OF �� / �� b ACTION:
- DATE -
SIGNED:
APPROVAL
BZA CHAIRMAN
DENTAL DATE:
Page 9 of 9
Special Limited Power of Attorney
County of Frederick, Virginia
Planning Qffice, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601
Phone 540-665-5651
Facsimile 540-665-6395
'Know All Men By These Presents: That I (We)
(Name) ►^ ` 'r Y� '� g (Phone)
ryQ
(Address)the owner(s) of all those tracts or parcels oaf land ("Property") conveyed to me (us), by deed recorded in the
Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by
Instrument No. on Page , and is described as
Parcel: Lot: Block: Section: Subdivision:
do hereby make, constitute and appoint:
(Name) I# E:'L (Phone) tl ►c' G�
(Address) 5 iv '—�/ > i G r /Y �r f �/ L.r �,• _. / _. (a......,
To act as my true and lawful attomey-in-fact for and in my (our) name, place and stead with full power and
authority I (we) would have if acting personally to file planning applications for my (our) above described
Property, including:
❑ Rezoning (Including proffers)
❑ Conditional Use rermits
❑ Master Development Plan (Pr eli.-ninary and Final)
❑ Subdivision
❑ Site Plan
My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to
previously approved proffered conditions except as follows:
This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or
modified. _
.In witness thereof, I (we) have hereto set my (our) hand and seal this X .' day of _ , 200 ,
Signature(s) <7-
j Stade Virginia, City/County ofll_ f `, , To -wit:
i
Yfk' < , a Notary Public in and for the jurisdiction aforesaid, certify that the person(s)
who( si-ned t�oo the foregoing instrument and who is (are) known tome personally ap e e before me
and has a krxswledpd the same before mein the jurisdiction aforesaid this day of 1. , 200(
Lcidr, G My Commission Expires:
Notary blic
a--
'r"FiREDEIRICK COUNTY
BOARD OF ZONING APPEALS
BY-LAWS
(Adopted February 21, 2006)
AR'T'ICLE I - AUTHORIZATION
ION
1-1 The Frederick County Board of Zoning Appeals is established by and in conformance with
Chapter 165 of the Code of Frederick County, and in accord with the provisions of Section
15.2-2308 of the Code of Virginia (1950), as amended.
1-2 The official name of this body shall be the Frederick County Board of Zoning Appeals,
hereinafter referred to as the BZA.
ARTICLE II - PURPOSE
2-1 The primary purpose of the BZA is to hear and decide appeals, variances, and interpretations
of the Chapter 165 of Code of Frederick County, in accord with the provisions of Section
15.2-2308 Code of Virginia (1950), as amended.
ARTICLE III - MEMBERSHIP
3-1 The membership of the BZA shall be open to residents of Frederick County, recommended
by Frederick County Board of Supervisors; and appointed by the Circuit Court for the
locality, as prescribed by Section 15.2-2308 Code of Virginia, (1950) as amended. The
membership shall be no more than seven (7) members; or less than five (5) members. Terms
of office shall be five (5) years.
3-2 Members shall notify the chairman via the Zoning Administrator; twenty-four (24)
hours prior to the meeting, if a member is going to be absent or must abstain. As per 15.3-
2308 Code of Vir ig nia, (195 0) as Amended.
ARTICLE IV -OFFICERS
4-1 Officers of the BZA shall consist of a chairman, vice-chairman and secretary. The chairman
and vice-chairman must be voting members of the BZA. The secretary shall be a county
employee.
- 1 -
4--2 The selection of officers shall be made by the voting members of the BZA at the first
meeting of the calendar year.
4-2-1 Nomination of officers shall be made by the voting members of the BZA at
the first meeting of the calendar year. Elections of officers shall follow
immediately. A candidate receiving a majority vote of the entire voting
membership shall be declared elected.
4-3 Duties
4-3-1 The Chairman shall:
4-3-1-1 Preside at meetings.
4-3-1-2 Rule on procedural questions.
4-3-1-3 Certify official documents involving the authority of the BZA.
4-3-1-4 Certify minutes as true and correct copies.
4-3-2 The Vice -Chairman shall:
4-3-2-1 Assume the full powers of the chairman in the absence or inability of the
chairman to act.
4-3-3 The Secretary shall:
4-3-3-1 Ensure that attendance is recorded at all meetings.
4-3-3-2 Ensure that the minutes of all BZA meetings are recorded.
4-3-3-3 Notify members of all meetings.
4-3-3-4 Prepare agendas for all meetings.
4-3-3-5 Maintain files of all official BZA records and reports. Official records and
reports may be purged in accordance with applicable state codes.
4-3-3-6 Give notice of all BZA meetings, public hearings.
4-3-3-7 Provide to the Circuit Court reports and recommendations of the BZA.
4-3-3-8 Attend to the correspondence necessary for the execution of the duties and
functions of the BZA.
- 2 -
4-4 Term of Office
4-4-1 Officers shall be elected for a one-year term or until a successor takes office.
Vacancies shall be filled for an unexpired term by a majority vote of the BZA. In
such cases, the newly elected officer shall serve only until the end of the calendar
year or until a successor takes office.
ARTICLE V -MEETINGS
5-1 Regular meetings shall be held at the time and place set by the BZA at the first meeting of
each calendar year.
5-2 Notice of all meetings shall be sent by the secretary with an agenda at least five (5) days
before the meeting.
5-3 All meetings of the BZA shall be open to the public except for Closed Sessions held in
accordance with the provision specified under Section 2.1-344(A) of the Code of Virginia,
(1950), as amended.
ARTICLE VI - VOTING
6-1 A majority of voting members shall constitute a quorum. No action shall be taken or motion
made unless a quorum is present.
6-2 No action of the BZA shall be valid unless authorized by a majority vote of those present and
voting.
ARTICLE E VIII - OPERATING RULES
7-1 Order of Business
7-1-1 Call to Order
7-1-2 Consideration of Minutes
7-1-3 Public Hearing
7-1-4 Other
7-1-5 Adjournment
- 3 -
7-2 Minutes
7-2-1 The BZA shall keep minutes of each meeting. The Chairman and Secretary shall sign
al] minutes following approval by the BZA certifying that the minutes are true and
correct. Minutes made available to the public prior to formal approval by the BZA
shall be clearly identified as a draft version of the meeting.
7-3 Procedures
7-3-1 Parliamentary procedure in the BZA meetings shall be governed by Robert's Rules of
Order, Simplified and Applied, except where otherwise specified in these procedures.
7-3-2 When a motion has been made and defeated, additional, different motions may be
made concerning the item under consideration.
7-3-3 Business items on the agenda shall be considered using the following procedures:
7-3-3-1 Report by County Staff
7-3-3-2 Presentation by Applicant
7-3-3-3 Citizen Comment
7-3-3-4 Rebuttal by Applicant
7-3-3-5 Discussion by BZA
7-3-3-6 Motion and Action by BZA
7-3-4 Public comment shall be allowed in all cases required by the Code of Virginia,
(1950), as amended.
7-3-5 The BZA members may ask questions of clarification and information after the staff
report, applicant presentation and citizen comment.
7-3-6 Petitions, displays, documents or correspondence presented at a meeting may be
made part of the official record of the meeting by motion of the BZA and are to be
kept on file by the secretary. Such items need not be made part of the published
minutes.
7-3-7 Public Hearings
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7-3-7-1 The BZA shall hold public hearings on all items as required by the Code of
Virginia, (1950), as amended. Such public hearing shall be advertised and
notifications provided as required by the Code of Vir ig nia, (1950), as
amended.
7-3-7-2 The Chairman may establish special rules for any public hearing at the
beginning of said hearing. These rules may include limitations on the time of
staff report, applicant presentation and citizen comment.
7-3-8 Tabling
7-3-8-1 The BZA shall have the authority to table agenda items if any one of the
following situations occurs:
A) The agenda item does not meet the requirements of the Code of
Virginia, (1950), as amended.
B) The agenda item does not meet the requirements of the Code of
Frederick County.
C) Insufficient information has been provided for the agenda item.
D) Issues or concerns that arise during formal discussion of the agenda
item warrant additional information or study.
E) The applicant provides the Frederick County Zoning Administrator
with a written request to table the agenda item.
F) The Frederick County Zoning Administrator is advised of an
emergency situation that prevents attendance by the applicant.
G) The applicant fails to appear at the meeting in which the application
has been advertised to be acted upon.
AIRTI CLE VIII[ - AMENDMENTS
8-1 These by-laws may be amended by a majority vote of the entire voting membership
after thirty days prior notice.
8-2 BZA shall conduct an annual review of these by-laws to ensure their accuracy. All
amendments to these by-laws shall be considered by the BZA in December of each
calendar year. The BZA shall adopt their by-laws during the first meeting of each
calendar year.
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