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HomeMy WebLinkAboutBZA 07-20-21 Meeting Minutes1833 Frederick County Board of Zoning Appeals MEETING 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 July 20, 2021. PRESENT: Eric Lowman, Chairman, Red Bud District; Kevin Scott, Vice-Chairman, Shawnee District; Reginald Shirley III, Opequon District; Dudley Rinker, Back Creek District; Dwight Shenk, Gainesboro District; District; and Ronald Madagan, Member at Large. ABSENT: John Cline, Stonewall STAFF PRESENT: Mark Cheran, Zoning Administrator; and Pamala Deeter, BZA Secretary CALL TO ORDER The meeting was called to order by Chairman Lowman at 3:30 p.m. and he determined there is a quorum. Chairman Lowman led the Pledge of Allegiance. On a motion made by Mr. Shenk and seconded by Mr. Rinker, the minutes for the June 15, 2021, meeting were unanimously approved as presented. Chairman Lowman inquired if there are any applications for July, Mr. Cheran stated yes, the cutoff date is Friday, July 23, 2021. PUBLIC HEARING Chairman Lowman read the request for Variance #06-21 for Braddock Hills, LLC, submitted by Michael Artz of Pennoni Associates, Inc. for a request of a 13.3-foot front yard variance to a required 60-foot front yard setback which will result in a 46.7-foot front yard setback and a 35.6- foot rear yard variance to a required 50-foot rear yard setback which will result in 14.4-foot rear yard setback for a single-family dwelling. The property is located at 978 Round Hill Road and is identified with Property Identification Number 52-A-141 in the Back Creek Magisterial District Mr. Cheran came forward to present the variance. Mr. Cheran reiterated the Applicants request for setbacks. The property is in the Rural Area (RA) Zoning District and has 0.56+/- acre of land and the use is residential. The adjoining properties are zoned RA District. Staff mentioned that zoning was adopted in 1967. This property was zoned A-2 (Agricultural General) in 1967 according to the historical maps. The property setback lines at the adoption of the Zoning Ordinance were 35- feet for the front, 15-feet for the side yards and 50-feet for the rear yard. Frederick County 1834 Frederick County Board of Zoning Appeals amended its ordinance in 1989 to reclassify the A-2 Zoning District to the current RA (Rural Areas) Zoning District. The Frederick County Board of Supervisors amended the setbacks for the RA Zoning District on February 28, 2007, making the current setbacks for this property 60-foot for the front, a50-foot for the rear yard, and 50-foot for the left and right-side yards. Mr. Cheran showed the location map and the proposed plat which shows the new dwelling as well as the 1900 dwelling that has been removed. Staff stated that the Applicant has the right for one for one replacement and is in the timeframe of a year. Staff commented the Applicant doesn’t want to build on the same foundation. The Applicant wants to move the dwelling back from the road. Staff mentioned should this variance be granted, it will result in setbacks of 46.7-foot for the front, 14.4-foot for the rear; the left and right-side yard setbacks conform to the current RA Zoning Districts (80.5-foot left and 79.4-foot right). This will allow for the construction of a new single- family dwelling. Mr. Cheran read The Code of Virginia 15.2-2309 (2) and Code of Frederick 165-1001.2, states that no variance shall be granted unless the application can meet the following requirements: 1) The property interest for which the variance is being requested was acquired in good faith. 2) The granting of the variance will not be a substantial detriment to adjoining property or nearby properties in the proximity of that geographical area. 3) The condition or situation of the property concerned is not of so general or recurring as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance. 4) The granting of the variance does not result in a use that is otherwise permitted on such property or a change in the zoning classification of the property. 5) The relief or remedy sought by the variance is not available through a special exception or the process for modification of a zoning ordinance. This proposed variance appears to be consistent with the character of the district and meets the intent of The Code of Virginia and Frederick County. Chairman Lowman ask the Applicant to come forward. Mr. Michael Artz, with Pennoni Associates is representing the Applicant. Mr. Artz stated the old house was demolished within the timeframe and removed. The Applicant would like to move further from the road and make the house larger than the original footprint. 1835 Frederick County Board of Zoning Appeals Chairman Lowman ask is there anyone here wishing to speak for the variance. Chairman Lowman ask is there anyone here wishing to speak against this variance. Mary Reese came forward to speak. I am for the variance but I have some concerns in regard to the septic system. Ms. Reese was under the impression 2002 that there wasn’t enough room for septic system and well. Chairman Lowman noted that the Health Department would have to approve the system for the Applicant to move forward with the request to build. Mr. Artz came forward to address the concerns. The Winchester Frederick County Health Department approved a septic system four years ago. There is a well on the property. PUBLIC HEARING CLOSED Discussion/Comments Mr. Madigan noted he looked at property and this new structure would be an improvement to the neighborhood. One a motion made by Mr. Rinker that Variance #06-21 for Braddock Hills, LLC be approved was seconded by Vice-Chairman Scott. The vote was unanimous. On a motion made by Vice-Chairman Scott to adjourn meeting and seconded by Mr. Rinker at 3:45. _________________________ Eric F. Lowman, Chairman _________________________ Pamala Deeter, Secretary