HomeMy WebLinkAboutBZA 04-16-24 Meeting Minutes1901
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 April 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 May. Mr. Cheran stated the cutoff date
is April 19, 2024.
A motion made by Mr. Cline and seconded by Mr. Madagan, the minutes for the March 19,
2024, meeting were unanimously approved as presented.
PUBLIC HEARING
Chairman Lowman read Variance #08-24 for Gene and Melissa Walker submitted a request for
a 2.5-foot rear yard variance to a required 15-foot rear yard setback which will result in a 12.5-
foot rear setback for a covered porch. The property is located at 127 Skipper Drive in the Lake
Frederick subdivision and is identified with Property Identification Number 87B-5-2-74 in the
Opequon Magisterial District.
Mr. Cheran came forward to present his staff report and maps. The parcel is considered a single-
family small lot, and the zoning is R5 (Residential Recreation Community) District. This parcel
is in the subdivision of Lake Frederick. The Applicant cannot meet today’s current rear setbacks
for a covered porch. The setback for a covered porch is 15-ft from rear property line. Staff
continued the Applicant has a deck and the uncovered deck meets the current rear set back of 5-ft
from the property line. Staff noted when you attach a roof to the deck it becomes part of the
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primary structure. The Applicant’s rear property line backs up to the open space. Mr. Cheran noted
that surrounding parcels in the subdivision already have decks or covered porches so this would
blend in with the subdivision.
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.
Staff noted that the variance meets The Code of Virginia 15.2309 (2) and the Frederick County
Code. Mr. Cheran reiterated that the Applicant is requesting a 15-ft rear setback to cover the deck.
Mr. Gene Walker of Opequon District came forward. The Applicant had no presentation but if
there were questions from the Board, he would answer them. The Applicant did say we purchased
the house in 2017 and we have used a deck umbrella which has fallen on us many times. When
the wind blows, it falls to the ground.
PUBLIC HEARING COMMENT
Chairman Lowman asked if anyone would like to speak in favor of this variance. No one came
forward.
Chairman Lowman asked if anyone in opposition that would like to speak to come forward. No
one came forward.
PUBLIC HEARING CLOSED
Discussion - None
A motion made by Mr. Prohaska to approve the Variance #08-24 for Gene and Melissa Walker
and seconded by Vice-Chairman Rinker Variance, and was unanimously approved.
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There being no other business, the meeting adjourned at 3:45.
________________________________
Eric Lowman, Chairman
________________________________
Pamala Deeter, Secretary
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