HomeMy WebLinkAbout12-22 BZA Staff ReportAPPEAL #12-22
WEST OAKS FARM MARKET, LLC.
Staff Report for the Board of Zoning Appeals
Prepared: December 9, 2022
Staff Contact: Mark R. Cheran, Zoning Administrator
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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:
December 20, 2022
Public Hearing Action Pending
LOCATION: The subject property is located at 4305 Middle Road, Winchester.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 74-A-3
PROPERTY ZONING & USE: Zoning: RA (Rural Areas) District
Land Use: Special Event Facility and Restaurant
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) Use: Agricultural/Residential
East: RA (Rural Areas) Use: Public School/Open Space/Agricultural
South: RA (Rural Areas) Use: Open Space/Agricultural
West: RA (Rural Areas) Use: Residential
APPEAL: To appeal the notice of violation, as to Frederick County Zoning Ordinance, Chapter 165,
Section 103.03 Conditions: A notice of violation dated September 8, 2022, from the Zoning
Administrator, that the Owner is in violation of the CUP #04-18 for the property.
ZONING ADMINISTRATOR DETERMINATION: The above-referenced property is
subject to Conditional Use Permit (CUP) #04-18 approved by Frederick County, on May 9,
2018, for a Special Event Facility and Restaurant with the following conditions attached to the
CUP:
1. All review agency comments shall be complied with at all times.
2. An illustrative sketch plan, in accordance with the requirements of Article VIII of the
Frederick County Zoning Ordinance, shall be submitted to and approved by Frederick
County prior to the establishment of the use.
3. Building permits shall be acquired prior to establishment of the restaurant use.
4. Special events shall start no earlier than 8 a.m. and all events and related activities shall
conclude by midnight.
5. Special events may accommodate up to and not to exceed 275 persons.
6. One (1) monument style sign with a maximum sign area not to exceed 50 square
feet (SF) and not to exceed 10 feet (FT) in height is permitted.
7. Any expansion or modification of this use will require the approval of a new CUP.
Staff received a complaint that a stage had been constructed and is being used for outdoor music
events, with a picnic shelter also being used for these events. Staff visited the property on August 26,
2022, noted two (2) stages that were constructed on the above-referenced property and that the
picnic shelter was being used for outdoor seating with a bar. In addition to the seating within the
picnic shelter it was noted that outdoor seating has been added to the patio area of the restaurant.
Staff cited the applicant for violation of Section 165-103.03 of the Frederick Zoning Ordinance that
requires all conditions of an approved Conditional Use Permit (CUP) shall be complied with. The
property is in violation of CUP #04-18, specifically, violation of Conditions #1 and #7 of the CUP.
With respect to condition #1, to date, there is no record of a building permit application or approval
for the picnic shelter, two stages, and additional seating for the restaurant. These additional uses are
also a violation of Condition #7, which requires a new CUP for expansion or modification of the use.
REASON FOR APPEAL: The Applicant states that the structures referenced in the NOV, and their
use, “are exempt from Conditional Use Permit requirements based on Virginia’s broad and
protective agritourism legislation.”
STAFF COMMENTS: The only issue this Board of Zoning Appeals must address is to affirm or
overrule the Zoning Administrator’s decision regarding the Frederick County Zoning Ordinance,
Section 165-103.03, Conditions of Conditional Use Permits. The property is in violation of CUP
#04-18 specifically, violation of Conditions #1 and #7 of the CUP. With respect to condition #1, to
date, there is no record of a building permit application or approval for the picnic shelter, two stages,
and additional seating for the restaurant. These additional uses are also a violation of Condition #7,
which requires a new CUP for expansion or modification of the use.
STAFF CONCLUSIONS FOR THE DECEMBER 20, 2022 MEETING: Staff is requesting the
Board of Zoning Appeals to affirm the decision of the Zoning Administrator in the administration of
the Frederick County Zoning Ordinance, Section 165-103.03, Conditions, regarding CUP#04-18.