Loading...
HomeMy WebLinkAboutBZA 02-20-24 Meeting Minutes Board of Zoning Appeals 1898 February 20, 2024 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 March 21, 2023. PRESENT: Eric Lowman, Chairman, Red Bud District; Dudley Rinker, Vice-Chairman, Back Creek District; Dwight Shenk, Gainesboro District; John Cline, Stonewall District; James Prohaska, Opequon District; Dolores Stottlemyer, Shawnee District; and Ronald Madagan, Member at Large. ABSENT: 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. Chairman Lowman asked if there are any applications for March. Mr. Cheran stated no, but the cutoff date is February 23, 2024. A motion made by Mr. Cline and seconded by Mr. Prohaska, the minutes for the January 16, 2024, meeting were unanimously approved as presented. PUBLIC HEARING Chairman Lowman read Variance #01-24 for Alan Newlin and Alan Newlin II - (Michael Artz, POA) submitted a request for a 39.5-foot left side yard variance to a required 50-foot left side yard setback which will result in a 10.5-foot left side setback and a 34.4-foot right side yard variance to a required 50-foot right side yard setback which will result in a 15.6-foot right side setback for a dwelling. The property is located on southeastern side of cul-de-sac just east of 101 Stonewall Circle approximately 300 ft east of intersection with Round Hill and is identified with Property Identification Number 53B-1-11 in the Back Creek Magisterial District. Mr. Cheran came forward to present his staff report. The property is located east of Stonewall Circle approximately 300 ft from the intersection with Round Hill Road in the Back Creek Magisterial District and is zoned RA (Rural Areas). The property is in the Stonewall Orchards subdivision and the parcel is 18,820 sq ft. In 1948, at the time the lot was created no BRL 3 Board of Zoning Appeals 1899 February 20, 2024 (Building Restriction Lines) were assigned. The Applicant would need to meet the Rural Areas current setback. Staff stated that the 1967 historical zoning map shows this property as being zoned A-2 (Agricultural General). At the adoption of the Zoning Ordinance the setbacks were 35-feet for the front, 35-feet for the side yards and 35-feet for the rear. The Ordinance was amended in 1989 changing the A-2 Zoning to RA (Rural Areas) District. February 28, 2007, the Board of Supervisors amended the setbacks for the RA (Rural Areas) District making this parcel setbacks at 60-feet for the front, 50-feet to the rear, and 50-feet left and right-side yards. Mr. Cheran concluded with The Code of Virginia 15.2-2309 (2) and the Code of Frederick County 165-1001.2. Staff presented the criteria the Applicant would have to meet in order to grant a variance. 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. Mr. Michael Artz, representing the Applicant came forward. Mr. Artz said the Applicant can meet the setbacks for the front and the rear but cannot meet the side yards. This parcel is in the Stonewall Orchards subdivision and was created in 1948. The square footage of the parcel is 18,820’. No building restriction lines were assigned to this parcel in 1948. The Applicant is meeting the front and rear setbacks. PUBLIC HEARING COMMENT Chairman Lowman ask if anyone would like to speak in favor of this variance. No one came forward. Chairman Lowman ask if anyone in opposition that would like to speak come forward. No one came forward. PUBLIC HEARING CLOSED 4 Board of Zoning Appeals 1900 February 20, 2024 Discussion - None A motion made by Mr. Rinker to approve the variance as requested and seconded by Mr. Shenk, Variance Request #01-24 for Alan Newlin and Alan Newlin II, was unanimously approved. PUBLIC HEARING Chairman Lowman read Variance #02-24 for Rick and Linda Taliaferro (Daniel McKee, POA) submitted a request for a 98-foot rear yard variance to a required 200-foot rear yard setback which will result in a 102-foot rear yard setback for a dwelling. The property is located off Middle Road proceed to Laurel Grove then right onto Longview Lane proceed to Orchard Drive and is identified with Property Identification Number 73-2-1-15 in the Back Creek Magisterial District. Mr. Cheran came forward to present the staff report and maps. Staff gave background information on this parcel. The parcel is part of the Long View Acres subdivision and is 5.10- acres and was created in 1976. The zoning of the property is RA (Rural Areas) District. At the time of creation, no BRL (Building Restriction Lines) was assigned to the property. Staff stated the Applicant would need to meet the current setbacks of the RA (Rural Areas) District. Staff noted that the adjoining property is not an active orchard but is in the Agricultural & Forestal District which the setback is 200-feet. Mr. Cheran said in 1967 this parcel was zoned A-2 (Agricultural General) When adopting the Ordinance, the setback line for this property was 35-feet for the front, 35-feet for the left and right-side yards, and 35-feet for the rear. The Ordinance was amended in 1989, which changed the A-2 Zoning to the RA (Rural Areas) District. February 28, 2007, the Board of Supervisors amended the setback to the current setback which is 60-feet for the front, 200-feet to the rear, 100-feet left-side yard and 50-feet right-side yard. Mr. Cheran read The Code of Virginia 15.2 -2309 (2) and the Code of Frederick County 165- 1001.2. Staff presented the criteria the Applicant would have to meet in order to grant a variance. 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 Board of Zoning Appeals 1901 February 20, 2024 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. A Committee member asked what if the plat was recorded and showed a different setback than the 200-feet from the Agricultural & Forestal District. Mr. Cheran replied that the County would have to honor what is on the plat. Staff noted this is the last lot in that subdivision and were caught up with the changing of the ordinance. Mr. Daniel McKee came forward representing the Applicants (Mr. & Mrs. Taliaferro). The Applicants have contacted the neighbors, and they are in support of the variance. The reason for the variance is because of Agricultural & Forestal setback and accommodate house location. The rear of the lot is wooded and has a rocky ledge. Mrs. Taliaferro came forward and mentioned that this house will be one floor and smaller than their house now. We have a large house now close to this lot. This will be our aging dwelling which will be smaller and one level; we wanted to stay in that area because we know the neighbors. PUBLIC HEARING COMMENT Chairman Lowman ask if anyone would like to speak in favor of this variance. No one came forward. Chairman Lowman ask if anyone in opposition that would like to speak come forward. No one came forward. PUBLIC HEARING CLOSED Discussion - None A comment made that this is an inactive farm now but one day it could become active again. A motion made by Mr. Rinker to approve the variance as requested and seconded by Mr. Madagan, Variance Request #02-24 for Rick and Linda Taliaferro, was unanimously approved. PUBLIC HEARING Chairman Lowman read Variance #03-24 for Braddock Hills, LLC., (Michael Artz, POA) submitted a request for a 40-foot front yard variance to a required 60-foot front setback which will result in a 20-foot front setback and a 10-foot rear yard variance to a required 50-foot rear setback which will result in a 40-foot rear setback for a dwelling. The property is located at 222 Siler Lane and is identified with Property Identification Number 29-A-78 in the Gainesboro Magisterial District. Mr. Cheran came forward to present his staff report and maps. Staff mentioned this parcel has three front sides and is bounded by two roads. The front is the shortest side to the North. Staff explained if a dwelling caught fire that the owner has two years to rebuild in the same location. 6 Board of Zoning Appeals 1902 February 20, 2024 This property is also narrow in shape and can’t meet setbacks. The Applicant wants to place the dwelling in a different location. Staff mentioned this property was created in 1949 and is 0.6538+/- acres. The plat has no BRL (Building Restriction Lines) assigned to the plat so the Applicant would need to meet the current setbacks. Historical zoning map in 1967 shows this property as A-2 (Agricultural General). When the Zoning Ordinance was adopted, the setback for this property was 35-feet for the front, and 35-foot rear. The A-2 Zoning was changed in 1989. When the Board of Supervisors amended the Ordinance changing A-2 Zoning to RA (Rural Areas. The Board amended the Ordinance February 28, 2007, changing the RA setbacks. The RA (Rural Areas) setbacks for this parcel are 60-feet for the front and 50-feet for the rear yard. Mr. Cheran concluded with The Code of Virginia 15.2-2309 (2) and the Code of Frederick County 165-1001.2. Staff presented the criteria the Applicant would have to meet in order to grant a variance. 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. 6) 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. 7) The relief or remedy sought by the variance is not available through a special exception or the process for modification of a zoning ordinance. Mr. Michael Artz came forward representing Braddock Hills, LLC. Mr. Artz said he worked with the client to get the best fit for a dwelling. The original house burnt down and has been removed. The original house was in a gully. The Applicant didn’t want to place dwelling in the same area, so he is attempting to place dwelling on the hill above the gully. The dwelling would be located 20 feet off of Siler Road and would be 40 feet from the neighbors. Mr. Artz said the 522 side of the property the Applicant will be 60 feet back from that road. A Committee member inquired about the driveway. Mr. Artz said the driveway will come off Siler Road. Chairman Lowman expressed his concerns about the drainfield. Mr. Artz replied that there will be an engineered one. PUBLIC HEARING COMMENT 7 Board of Zoning Appeals 1903 February 20, 2024 Chairman Lowman ask if anyone would like to speak in favor of this variance. No one came forward. Chairman Lowman ask if anyone in opposition that would like to speak come forward. No one came forward. PUBLIC HEARING CLOSED Discussion – None A motion made by Mr. Shenk to approve the variance as requested and seconded by Mrs. Stottlemyer, Variance Request #03-24 for Braddock Hills, LLC., was unanimously approved. PUBLIC HEARING Chairman Lowman read Variance #04-24 for David and Annette Daggett (Michael Artz, POA) submitted a request for 22.2-foot right yard variance to a required 50-foot right setback which will result in a 27.8-foot right side yard setback for a dwelling. The property is located on the north side of Laurel Grove Road, 0.7 miles west of Middle Road and is identified with Property Identification Numbers 73-A-7 in the Back Creek Magisterial District. Mr. Cheran came forward to present the staff report and maps. Staff explained why we have two variances. The Code states that if the property owner has two individual parcels with different tax map numbers then there needs to be separate motion. The property cannot meet the current setbacks. Staff reiterated the setbacks again. Mr. Artz submitted a plat to the Planning Department for a lot of consolidation and a boundary line adjustment. The Zoning Administrator was unable to sign off on the plat. Mr. Artz was informed that he would need two variances. This parcel is 1.6151 acres in size and is in the Rural Areas (RA). In 1943 when parcel was created, no building restriction lines were assigned. Since no building restriction lines are on the plat, the Applicant would need to follow today’s setbacks. The dwelling backs up to the Agricultural and Forestal District. Historical maps show the property as being zoned A-2 (Agricultural General) in 1967. When the Zoning Ordinance was adopted, the setbacks were 35- feet for the front, 35-feet for the side yards and 35-feet for the rear yard. Ordinance was amended in 1989, changing the zoning of the A-2 to RA (Rural Areas) District. February 28, 2007, the Ordinance was amended and the setbacks are 60-feet for the front, 200-feet to the rear, and 100- feet left side yard and 50-feet right-side yard. Mr. Cheran concluded with The Code of Virginia 15.2-2309 (2) and the Code of Frederick County 165-1001.2. Staff presented the criteria the Applicant would have to meet in order to grant a variance. 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 8 Board of Zoning Appeals 1904 February 20, 2024 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. Staff mentioned this variance appears to be consistent with the character of the district and meets the intent of The Codes. A Committee member confirmed the house is in the middle of the property. Staff replied yes. Mr. Artz is here representing the applicant, Mr. and Mrs. Daggett. Mr. Artz came forward and gave a presentation. This house was built in 1960 and is over the property line. The Applicant wants to consolidate two of the lots with the dwelling for a family member and the third lot would be for the Applicant. Committee members confirmed that the plat would be recorded. Mr. Artz said yes, as soon as the County signs off. PUBLIC HEARING COMMENT Chairman Lowman ask if anyone would like to speak in favor of this variance. No one came forward. Chairman Lowman ask if anyone in opposition that would like to speak come forward. No one came forward. PUBLIC HEARING CLOSED Discussion - None On a motion made by Mr. Rinker to approve the variance as requested and seconded by Mr. Shenk, Variance Request #04-24 for David & Annette Daggett was unanimously approved. PUBLIC HEARING Chairman Lowman read Variance #05-24 for David and Annette Daggett (Michael Artz, POA) submitted a request for 170.5-foot right yard variance to a required 200-foot right yard setback which will result in a 29.5-foot right side setback for a dwelling. The property is located 9 Board of Zoning Appeals 1905 February 20, 2024 on the north side of Laurel Grove Road, 0.7 miles west of Middle Road and is identified with Property Identification Number 73-A-8 in the Back Creek Magisterial District. Mr. Cheran came forward to present the staff report and maps. Again, the house was built in 1943 and the dwelling is over the property line. The applicant submitted a request for 170.5- foot right yard variance to a required 200-foot right yard setback which will result in a 29.5- foot right side setback for a dwelling. Staff stated these three lots were caught up with the changes of setback when the County amended the Frederick County Ordinance. In conclusion, Staff recited The Code of Virginia 15.2-2309 (2) and the Code of Frederick County 165-1001.2. A variance cannot be granted unless the application meets the below 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. Mr. Cheran mentioned that the applicant meets the requirements, and the variance may be justified. Mr. Artz represented the Applicant the Daggetts. Mr. Artz didn’t have a presentation, but he would answer any questions the Board might have. PUBLIC HEARING COMMENT Chairman Lowman opened the floor to anyone in favor or opposition to come forward. No one came forward. CLOSED PUBLIC HEARING Discussion - None A motion made by Mr. Rinker to approve the variance as requested and seconded by Mr. Prohaska, Variance Request #05-24 for David and Annette Daggett, was unanimously approved. There being no other business the meeting adjourned at 4:25. 10 Board of Zoning Appeals 1906 February 20, 2024 ________________________________ Eric Lowman, Chairman ________________________________ Pamala Deeter, Secretary 11