HomeMy WebLinkAboutBZA 02-20-24 Meeting Agenda1.Call to Order
2.Determination of a Quorum
3.Meeting Minutes
3.A.Minutes of January 16, 2024
4.Public Hearings
4.A.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 the southeastern side
of the cul-de-sac just east of 101 Stonewall Drive approximately 300 feet east of the
intersection with Round Hill Road and is identified with Property Identification Number
53B-1-11 in the Back Creek Magisterial District.
4.B.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 Road, then right onto Longview Lane,
and proceed to Orchard Drive and is identified with Property Identification Number 73-
2-1-15 in the Back Creek Magisterial District.
4.C.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 yard
setback which will result in a 20-foot front setback, and a 10-foot rear yard variance to a
AGENDA
BOARD OF ZONING APPEALS
TUESDAY, FEBRUARY 20, 2024
3:30 PM
THE BOARD ROOM
FREDERICK COUNTY ADMINISTRATION BUILDING
WINCHESTER, VIRGINIA
BZA02-20-24MeetingMinutesJanuary16.pdf
BZA02-20-24VAR01-24_Redacted.pdf
BZA02-20-24VAR02-24_Redacted.pdf
1
required 50-foot rear yard 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.
4.D.Variance #04-24 for David and Annette Daggett (Michael Artz, POA)
Submitted a request for a 22.2-foot right yard variance to a required 50-foot right yard
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 Number 73-A-7 in the Back Creek
Magisterial District.
4.E.Variance #05-24 for David and Annette Daggett (Michael Artz, POA)
Submitted a request for a 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 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.
5.Other
BZA02-20-24VAR03-24_Redacted.pdf
BZA02-20-24VAR04-24_Redacted.pdf
BZA02-20-24VAR05-24_Redacted.pdf
2
Board of Zoning Appeals
Agenda Item Detail
Meeting Date: February 20, 2024
Agenda Section: Meeting Minutes
Title: Minutes of January 16, 2024
Attachments:
BZA02-20-24MeetingMinutesJanuary16.pdf
3
Frederick County Board of Zoning Appeals
January 16, 2024 1894
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 January 16, 2024.
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 February. Mr. Cheran stated the cutoff date
is January 19.
Chairman Lowman noted a correction on page 1889, the fifth paragraph down should read Vice
Chairman Rinker not Chairman Lowman. On a motion made by Mr. Cline with the correction and
seconded by Vice Chairman Rinker, the minutes for the December 19, 2023, meeting were
unanimously approved with the correction.
ELECTION OF OFFICERS AND ADOPTION OF BYLAWS
Chairman Lowman opened the floor for nominations for Chairman. Vice Chairman Rinker made a
motion to nominate Mr. Lowman and Mr. Shenk seconded the motion. The floor was closed for
nominations. The vote was unanimous for Mr. Lowman as the Chairman.
Chairman Lowman opened the floor for nominations for Vice-Chairman. Mr. Madagan made a motion
to nominate Mr. Rinker and Mr. Shenk seconded the motion. The floor was closed for nominations.
The vote was unanimous for Mr. Rinker as the Vice-Chairman.
Chairman Lowman opened the floor for nominations for Secretary. Vice Chairman Rinker made a
motion to nominate Mrs. Deeter and Mr. Shenk seconded the motion. The floor was closed for
nominations. The vote was unanimous for Mrs. Deeter as the Secretary.
4
Frederick County Board of Zoning Appeals
January 16, 2024 1895
Chairman Lowman stated that the Board of Zoning Appeals has met at 3:30 p.m. on the third Tuesday
of the month. Vice Chairman Rinker made a motion to keep the Board of Zoning Appeals meeting
time at 3:30 p.m., on the third Tuesday of the month. Mr. Madigan seconded the motion, and the vote
was unanimous.
Chairman Lowman asked if anyone had questions on the Adoption of the Bylaws. On a motion by
Vice Chairman Rinker and seconded by Mr. Cline the Bylaws were unanimously approved as
presented.
PUBLIC HEARING
Chairman Lowman read Variance #12-23 for Warren and Elizabeth Dudenbostel submitted a
request for a 9-foot rear yard variance to a required 15-foot rear yard setback which will result in a 6-
foot rear setback for a screened porch. The property is located at 129 Grosbeak Court, Lake Frederick
and is identified with Property Identification Number 87B-2-4-97 in the Opequon Magisterial District.
Mr. Cheran came forward to present his staff report. The property is located at 129 Grosbeak Court in
Lake Frederick subdivision. The property is zoned R5 (Residential Recreational Community) District,
and the adjoining properties are zoned R5.
Staff mentioned that Mr. Dudenbostel changed his request from a 9-ft rear variance to a 7.5-ft variance
to enclose an existing deck to a covered porch. Mr. Cheran stated that the property can’t meet today’s
requirements because of the size of the parcel and the placement of the dwelling. Staff noted that the
dwelling backs up to open space.
Mr. Cheran gave background information about the parcel. This parcel was created in 2018 for single-
family small lot type. Setbacks for a small lot are 25ft front, 5ft sides and 15ft in the rear. The attached
deck is 5 ft from the rear property line. Staff noted that the uncovered deck is 5 ft from the rear and a
covered porch type must meet the rear setback of 15ft. The covered porch then becomes a part of the
principal structure.
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 criteria.
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
Frederick County Board of Zoning Appeals
January 16, 2024 1896
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.
The Applicant, Mr. Dudenbostel came forward. He explained that the existing deck is to be
screened in and the porch will have added windows. The Applicant explained how the contractor
would connect it to the roof line of the house, to the porch and the existing deck is being reduced
in size.
Chairman Lowman ask Mr. Dudenbostel if he had a survey. The Applicant replied yes. The Applicant
explained how he came up with the measurement of the deck. The contactor has measured also.
Mr. Cheran noted we did receive a e-comment today in favor of the variance.
PUBLIC HEARING COMMET
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
Two board members drove past the house that is requesting the variance. A board member stated
there are other homes in that subdivision that have screened porches, and this would be similar to
theirs and wouldn’t be out of character for the neighborhood. The other board member agreed.
On a motion made by Mr. Prohaska to approve the variance as requested and seconded by Mr.
Madigan, Variance Request #12-23 for Warren & Elizabeth Dudenbostel, was unanimously
approved.
PUBLIC HEARING
Chairman Lowman read Variance #13-23 for Neil Puffinburger and Ken Foreman, POA submitted
a request for a 5-foot front yard variance to a required 35-foot front yard setback which will result in a
30-foot front setback for a covered porch. The property is located at 115 Cline Drive, Gore and is
identified with Property Identification Number 37-8-A4 in the Gainesboro Magisterial District.
Mr. Cheran came forward to present his staff report and maps. Staff noted the property is located at
115 Cline Drive and is zoned RP (Residential Performance). The surrounding properties to the North,
South, and East are RP (Residential Performance) and to the West is RA (Rural Areas). This parcel
has two fronts so we take the shortest one and that is considered the front.
Staff reiterated what the property owner is requesting. The property owner cannot meet the current RP
setbacks for a cover porch. Staff stated that the property was created in 1977 and is 1.466 acres. At
6
Frederick County Board of Zoning Appeals
January 16, 2024 1897
the time of creation, no building restriction lines were assigned to the parcel. Staff researched and the
parcel shows as being R2 (Residential General) District. In 1974, a rezoning was approved and
changed the zoning from A2 (Agricultural General) to R2 (Residential General) District. Mr. Cheran
stated in 1967 when the zoning ordinance was adopted the setbacks were 35-feet front, 10-feet side
yards and 25-feet rear yard. The ordinance was amended in 1989 changing the R2 to RP Zoning. The
setback for RP zoning is 35-feet front, 10-feet side yards and 25-feet for the rear.
Mr. Cheran reiterated The Code of Virginia and Frederick Code. Mr. Cheran ends the presentation by
stating this variance meets the Code of Virginia and Frederick County.
Mr. Foreman, the contractor, came forward. He mentioned that the house and the porch are over the
setback now. Mr. Foreman noted that the new covered porch will enhance the property.
Chairman Lowman asked if there is anything the board should do because the house and existing porch
is over the setback now. Mr. Cheran replied no he will need to get a setback survey. This already is a
non-conforming lot. Chairman Lowman proposed in the future if the property changes owners, they
could do a title search and they would see they’re over the setbacks. Mr. Cheran replied this variance
is only for the covered porch not the house. Staff mentioned if an inquiry came in for a title search, a
zoning certification or zoning determination letter would cover the house setback.
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
A comment from a board member stated the house is on a dirt road and being closer to the road
shouldn’t create a problem. Another board member said this new porch would enhance the appearance
of the house.
On a motion made by Mr. Shenk to approve the variance as requested and seconded by Vice
Chairman Rinker, Variance Request #13-23 for Neil Puffinburger (K. Foreman, POA). was
unanimously approved.
The meeting adjourned at 4:15.
________________________________
Eric Lowman, Chairman
________________________________
Pamala Deeter, Secretary
7
Board of Zoning Appeals
Agenda Item Detail
Meeting Date: February 20, 2024
Agenda Section: Public Hearings
Title: Variance #01-24 for Alan Newlin and Alan Newlin II (Michael Artz, POA)
Attachments:
BZA02-20-24VAR01-24_Redacted.pdf
8
VARIANCE APPLICATION #01-24
ALAN NEWLIN & ALAN NEWLIN II (M. ARTZ POA)
Staff Report for the Board of Zoning Appeals
Prepared February 8, 2024
Staff Contact Mark R. Cheran Zoning Administrator
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 20, 2024
Public Hearing; Action Pending
LOCATION: The property is located east of Stonewall Circle approximately 300 ft from the
intersection with Round Hill Road.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 53B-1-11
PROPERTY ZONING & USE: Zoned: RA (Rural Areas) District
Land Use: Vacant
ADJOINING PROPERTY ZONING & USE:
North: B2 (General Business) District Use: Commercial
South: RA (Rural Areas) District Use: Residential
East: RA (Rural Areas) District Use: Vacant
West RA (Rural Areas) District Use: Residential
VARIANCE REQUESTED: The Applicant is requesting a 39.5-foot variance to a required 50-foot
left yard setback which will result in a 10.5-foot left yard setback and a 34.5-foot variance to a required
50-foot right side yard setback which will result in a 15.5-foot right side yard setback for a dwelling.
REASON FOR VARIANCE: The property cannot meet the current RA (Rural Areas) setbacks.
STAFF COMMENTS: This 8.820 +/- Sq. ft. property was created in 1948 as part of the Stonewall
Orchards subdivision. The property is currently zoned RA (Rural Areas). This property does not
have Building Restriction Lines (BRL) assigned to it and would have to meet the current RA (Rural
9
Variance #02-24 – Rick & Linda Taliaferro (D. McKee, POA)
Page 2
February 8, 2024
Areas) District setbacks. The Frederick County historical zoning map shows this property as being
zoned A-2 (Agricultural General) in 1967. The property setback lines at the adoption of the Zoning
Ordinance were 35-feet for the front, 35-feet for the side yards and 35-feet for the rear yard.
Frederick County amended its Ordinance in 1989 to change the A-2 Zoning District to the 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-feet for
the front, 50-feet to the rear, and 50-feet left-side yard and 50-feet right-side yard.
STAFF CONCLUSIONS FOR THE FEBRUARY 20, 2024, MEETING:
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 15.2309 (2) and the Code of Frederick County. This is a request from
the current setbacks of the RA (Rural Areas) Zoning District maybe appropriate.
10
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Board of Zoning Appeals
Agenda Item Detail
Meeting Date: February 20, 2024
Agenda Section: Public Hearings
Title: Variance #02-24 for Rick and Linda Taliaferro (Daniel McKee, POA)
Attachments:
BZA02-20-24VAR02-24_Redacted.pdf
21
VARIANCE APPLICATION #02-24
RICK & LINDA TALIAFERRO (D. MCKEE, POA)
Staff Report for the Board of Zoning Appeals
Prepared February 8, 2024
Staff Contact Mark R. Cheran Zoning Administrator
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 20, 2024
Public Hearing; Action Pending
LOCATION: The property is located on Orchard Drive (Lot 15).
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 73-2-1-15
PROPERTY ZONING & USE: Zoned: RA (Rural Areas) District
Land Use: Vacant
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) District Use: Vacant
South: RA (Rural Areas) District Use: Residential
East: RA (Rural Areas) District Use: Residential
West RA (Rural Areas) District Use: Vacant
VARIANCE REQUESTED: The Applicant is requesting a 98-foot variance to a required 200-foot
yard setback which will result in a 102-foot rear yard setback for a dwelling.
REASON FOR VARIANCE: The property cannot meet the current RA setbacks as the property is
adjacent to a parcel within the South Frederick Agricultural Forest District.
STAFF COMMENTS: This 5.10 +/- acre property was created in 1976 as part of the Long View
Acres subdivision. The property is currently zoned RA (Rural Areas). This property does not have
Building Restriction Lines (BRL) assigned to it and would have to meet the current RA (Rural
Areas) District setbacks. The Frederick County historical zoning map shows this property as being
22
Variance #02-24 – Rick & Linda Taliaferro (D. McKee, POA)
Page 2
February 8, 2024
zoned A-2 (Agricultural General) in 1967. The property setback lines at the adoption of the Zoning
Ordinance were 35-feet for the front, 35-feet for the side yards and 35-feet for the rear yard.
Frederick County amended its Ordinance in 1989 to change the A-2 Zoning District to the 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-feet for
the front, 200-feet to the rear, and 100-feet left-side yard and 50-feet right-side yard.
STAFF CONCLUSIONS FOR THE FEBRUARY 20, 2024, MEETING:
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 15.2309 (2) and the Code of Frederick County. This is a request from
the current setbacks of the RA (Rural Areas) Zoning District maybe appropriate.
23
73 2 1 15
290LONGVIEW LN
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158ORCHARD DR
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Board of Zoning Appeals
Agenda Item Detail
Meeting Date: February 20, 2024
Agenda Section: Public Hearings
Title: Variance #03-24 for Braddock Hills LLC (Michael Artz, POA)
Attachments:
BZA02-20-24VAR03-24_Redacted.pdf
37
VARIANCE APPLICATION #03-24
BRADDOCK HILLS LLC. (M. ARTZ POA)
Staff Report for the Board of Zoning Appeals
Prepared February 8, 2024
Staff Contact Mark R. Cheran Zoning Administrator
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 20, 2024
Public Hearing; Action Pending
LOCATION: The property is located at the southeastern corner of the intersection of Siler Lane and
North Frederick Pike.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 29-A-78
PROPERTY ZONING & USE: Zoned: RA (Rural Areas) District
Land Use: Vacant
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) District Use: Vacant
South: RA (Rural Areas) District Use: Residential
East: RA (Rural Areas) District Use: Residential
West: RA (Rural Areas) District Use: Vacant
VARIANCE REQUESTED: The Applicant is requesting a 40-foot variance to a required 60-foot
front yard setback which will result in a 20-foot front yard setback and a 10-foot variance to a required
50-foot rear yard setback which will result in a 40-foot rear yard setback for a dwelling.
REASON FOR VARIANCE: The property cannot meet the current RA setbacks due to the shape
and the property being narrow and bounded on two (2) roads on three (3) sides.
38
Variance #03-24 – Braddock Hills LLC (M. Artz, POA)
Page 2
February 8, 2024
STAFF COMMENTS: This 0.6538+/- acre property was created in 1949. The property is currently
zoned RA (Rural Areas). This property does not have Building Restriction Lines (BRL) assigned to
it and would have to meet the current RA (Rural Areas) District setbacks. The Frederick County
historical zoning map shows this property as being zoned A-2 (Agricultural General) in 1967. This
property is bounded on three (3) sides by two (2) roads. The property setback lines at the adoption of
the Zoning Ordinance 35-feet for the front, and 35-foot rear. Frederick County amended its
Ordinance in 1989 to change the A-2 Zoning District to the 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-feet for the front and 50-feet
rear yard.
STAFF CONCLUSIONS FOR THE FEBRUARY 20, 2024, MEETING:
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 15.2309 (2) and the Code of Frederick County. This is a request from
the current setbacks of the RA (Rural Areas) Zoning District maybe appropriate.
.
39
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Application
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Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: January 30, 2024
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0 100 20050 Feet
VAR # 03 - 24: Braddock Hills LLCPIN: 29 - A - 78Front and Side VarianceLocation Map
VAR #03 -24
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Board of Zoning Appeals
Agenda Item Detail
Meeting Date: February 20, 2024
Agenda Section: Public Hearings
Title: Variance #04-24 for David and Annette Daggett (Michael Artz, POA)
Attachments:
BZA02-20-24VAR04-24_Redacted.pdf
49
VARIANCE APPLICATION #04-24
DAVID & ANNETTE DAGGETT. (M. ARTZ POA)
Staff Report for the Board of Zoning Appeals
Prepared February 8, 2024
Staff Contact Mark R. Cheran Zoning Administrator
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 20, 2024
Public Hearing; Action Pending
LOCATION: The property is located on the north side of Laurel Grove Road and 0.7 miles west of
Middle Road.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 73-A-7
PROPERTY ZONING & USE: Zoned: RA (Rural Areas) District
Land Use: Residential
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) District Use: Residential
South: RA (Rural Areas) District Use: VPI experimental center
East: RA (Rural Areas) District Use: Vacant
West RA (Rural Araes) District Use: Residential
VARIANCE REQUESTED: The Applicant is requesting a 22.2-foot right side variance for a required
50-foot right side setback which will result in a 27.8-foot right side yard setback.
REASON FOR VARIANCE: The property cannot meet the current RA Zoning District.
STAFF COMMENTS: This 1.6151+/- acre property was created in 1943 and is currently zoned
RA (Rural Areas). This property does not have Building Restriction Lines (BRL) assigned to it and
would have to meet the current RA (Rural Areas) District setbacks. The Frederick County historical
zoning map shows this property as being zoned A-2 (Agricultural General) in 1967. The property
50
Variance #04-24 – David & Annette Daggett (M. Artz, POA)
Page 2
February 8, 2024
setback lines at the adoption of the Zoning Ordinance 35-feet for the front, 35-feet for the side yards
and 35-feet for the rear yard. Frederick County amended its Ordinance in 1989 to change the A-2
Zoning District to the 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-feet for the front, 200-feet to the rear, and 100-feet left-side yard and 50-feet
right-side yard.
STAFF CONCLUSIONS FOR THE FEBRUARY 20, 2024, MEETING:
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 15.2309 (2) and the Code of Frederick County. This is a request from
the current setbacks of the RA (Rural Areas) Zoning District maybe appropriate.
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73 A 7
595LAURELGROVE RD
461LAURELGROVE RD
444LAURELGROVE RD
532LAURELGROVE RD
534LAURELGROVE RD
530LAURELGROVE RD
LAUREL GROVE RD
Application
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: February 1 , 2024
LAUREL GROVE RDLONGVIEW LN0 110 22055 Feet
VAR # 04 - 24: David and Annette DaggettPIN: 73 - A - 7Right Side VarianceZoning Map
VAR #04 -24
52
73 A 7
595LAURELGROVE RD
461LAURELGROVE RD
444LAURELGROVE RD
532LAURELGROVE RD
534LAURELGROVE RD
530LAURELGROVE RD
LAUREL GROVE RD
Application
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: February 1 , 2024
LAUREL GROVE RDLONGVIEW LN0 110 22055 Feet
VAR # 04 - 24: David and Annette DaggettPIN: 73 - A - 7Right Side VarianceLocation Map
VAR #04 -24
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AGREEMENT
VARIANCE# ()�-l4 (Number to be assigned by the Planning Dept.)
I (we), the undersigned, do hereby respectfully make an 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 da s rior to the BZA ublic hearin 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.
SIGNATURE OF APPLICANT __
DATE / --+----�-.....--
DATE / )9 · ;l t'f
-OFFICE USE ONLY-
BZA PUBLIC HEARING OF ACTION: ---------------DA TE-[=1 APPROVAL
[=1 DENIAL
SIGNED: BZA CHAIRMAN
DATE: --------
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Board of Zoning Appeals
Agenda Item Detail
Meeting Date: February 20, 2024
Agenda Section: Public Hearings
Title: Variance #05-24 for David and Annette Daggett (Michael Artz, POA)
Attachments:
BZA02-20-24VAR05-24_Redacted.pdf
64
VARIANCE APPLICATION #05-24
DAVID & ANNETTE DAGGETT. (M. ARTZ POA)
Staff Report for the Board of Zoning Appeals
Prepared February 8, 2024
Staff Contact Mark R. Cheran Zoning Administrator
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 20, 2024
Public Hearing; Action Pending
LOCATION: The property is located on the north side of Laurel Grove Road, and 0.7 miles west of
Middle Road.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 73-A-8
PROPERTY ZONING & USE: Zoned: RA (Rural Areas) District
Land Use: Vacant
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) District Use: Residential
South: RA (Rural Areas) District Use: VPI experimental center/ Residential
East: RA (Rural Areas) District Use: Vacant
West: RA (Rural Areas) District Use: Residential
VARIANCE REQUESTED: The Applicant is requesting a 170.5-foot right side variance to a 200-
foot required foot right side yard setback which will result in a 29.5- foot right side yard setback for a
dwelling.
REASON FOR VARIANCE: The property cannot meet the current setbacks as the property is
adjacent to a parcel within the South Frederick Agricultural Forest District.
STAFF COMMENTS: This 1.4167 +/- acre property was created in 1943 and is currently zoned
RA (Rural Areas). This property does not have Building Restriction Lines (BRL) assigned to it and
65
Variance #05-24 – David & Annette Daggett (M. Artz, POA)
Page 2
February 8, 2024
would have to meet the current RA (Rural Areas) District setbacks. The Frederick County historical
zoning map shows this property as being zoned A-2 (Agricultural General) in 1967. The property
setback lines at the adoption of the Zoning Ordinance 35-feet for the front, 35-feet for the side yards
and 35-feet for the rear yard. Frederick County amended its Ordinance in 1989 to change the A-2
Zoning District to the 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-feet for the front, 100-feet to the rear, and 50-feet left-side yard and 200-feet
right-side yard.
STAFF CONCLUSIONS FOR THE FEBRUARY 20, 2024, MEETING:
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 15.2309 (2) and the Code of Frederick County. This is a request from
the current setbacks of the RA (Rural Areas) Zoning District maybe appropriate.
66
73 A 8
461LAURELGROVE RD
595LAURELGROVE RD
444LAURELGROVE RD
532LAURELGROVE RD
534LAURELGROVE RD
LAUREL GROVE RD
Application
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: February 1 , 2024
LAUREL GROVE RDLONGVIEW LN0 110 22055 Feet
VAR # 05 - 24: David and Annette DaggettPIN: 73 - A - 8Right Side VarianceZoning Map
VAR #05 -24
67
73 A 8
461LAURELGROVE RD
595LAURELGROVE RD
444LAURELGROVE RD
532LAURELGROVE RD
534LAURELGROVE RD
LAUREL GROVE RD
Application
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: February 1 , 2024
LAUREL GROVE RDLONGVIEW LN0 110 22055 Feet
VAR # 05 - 24: David and Annette DaggettPIN: 73 - A - 8Right Side VarianceLocation Map
VAR #05 -24
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AGREEMENT
VARIANCE# ()5-l4(Number to be assigned by the Planning Dept.)
I (we), the undersigned, do hereby respectfully make an 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 da s rior to the BZA ublic hearin 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.
SIGNATURE OF APPLICANT __
DATE / --+----�-.....--
DATE / )9 · ;l t'f
-OFFICE USE ONLY-
BZA PUBLIC HEARING OF ACTION: ---------------DA TE-[=1 APPROVAL
[=1 DENIAL
SIGNED: BZA CHAIRMAN
DATE: --------
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