1. Call to Order

2. Determination of a Quorum

3. Meeting Minutes

3.A. Minutes of June 15, 2021

4. Public Hearings

4.A. Variance #06-21 for Braddock Hills, LLC

Submitted by Michael Artz of Pennoni Associates, Inc. for a request of a 13.3-foot frontyard variance to a required 60-foot front yard setback which will result in a 46.7-footfront yard setback and a 35.6-foot rear yard variance to a required 50-foot rear yardsetback which will result in 14.4-foot rear yard setback for a single-family dwelling. Theproperty is located at 978 Round Hill Road and is identified with Property IdentificationNumber 52-A-141 in the Back Creek Magisterial District.

5. Other

AGENDA BOARD OF ZONING APPEALS

TUESDAY, JULY 20, 20213:30 PM

THE BOARD ROOMFREDERICK COUNTY ADMINISTRATION BUILDING

WINCHESTER, VIRGINIA

BZA07-20-21MeetingMinutesJune15.pdf

BZA07-20-21VAR06-21_Redacted.pdf

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Board of Zoning AppealsAgenda Item Detail Meeting Date: July 20, 2021 Agenda Section: Meeting Minutes

Title: Minutes of June 15, 2021

Attachments:BZA07-20-21MeetingMinutesJune15.pdf

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1830 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 June 15, 2021. PRESENT: Eric Lowman, Chairman, Red Bud District; Reginald Shirley III, Opequon District; Dudley Rinker, Back Creek District; Dwight Shenk, Gainesboro District; John Cline, Stonewall District; and Ronald Madagan, Member at Large. ABSENT: Kevin Scott, Vice-Chairman, Shawnee District 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. Cline, the minutes for the April 20, 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 Thursday, June 17, 2021. Mr. Cheran express that the agenda cover page states 30-foot left yard and the Applicant applied for an 80-foot left yard variance.

PUBLIC HEARING

Chairman Lowman read the request for Variance #05-21 for Sonya May, submitted by R. L. Hayes Enterprises, LLC requesting for an 80-foot left yard variance to a required 100-foot left yard setback which will result in a 20-foot left yard setback and a 32.9-foot right side yard variance to a required 50-foot right side yard setback which will result in a 17.1-foot right side yard setback for a single-family dwelling. The property is located 1621 Brucetown Road, Clear Brook, and is identified with Property Identification Number 34-A-15 in the Stonewall Magisterial District.

Mr. Cheran came forward to present the variance. The property is in the Rural Area (RA) Zoning District and the land use is residential. The adjoining properties are RA and Extractive Manufacturing (EM) Districts. Staff expressed the location map has a dwelling on the parcel; the Applicant will be removing the dwelling. Staff showed the proposed plat with new dwelling. Mr.

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1831 Frederick County Board of Zoning Appeals

Cheran mentioned that due to the size of the property of 1.020+/- acres and is narrow the Applicant cannot meet the RA setbacks.

Staff made comments that the property was created in 1967 and the current zoning is RA. Frederick County adopted zoning in 1967. In 1967, the property was zoned A-2 (Agricultural General) per the historical maps. The adoption of the ordinance the setbacks were 35-feet for the front, 15-feet for the side yards and 50-feet to the rear. The Ordinance was amended in 1989 which changed the A-2 Zoning to RA. The Board of Supervisors amended RA zoning setbacks in the Ordinance on February 28, 2007. Mr. Cheran stated that is the current setback today of 60-feet to the front, 100-feet to the left side, and 50-feet to the rear and side yard.

Staff reiterated the setback request from the Applicant.

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 the Code of Frederick County. This request from current setbacks of the RA (Rural Areas) Zoning District may be justified.

Chairman Lowman ask the Applicant to come forward.

Ms. Robin Hayes was representing the Applicant. Ms. Hayes mentioned that if the Board had any questions, she would try to clarify the question.

Mr. Shirley noted that there is hardly a difference from the old setback to the new setback.

Chairman Lowman ask is there anyone here wishing to speak for or against this variance. No one came forward.

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1832 Frederick County Board of Zoning Appeals

PUBLIC HEARING CLOSED

Discussion/Comments

No comments or discussion

One a motion made by Mr. Cline that Variance #05-21 for Sonya May be approved and was seconded by Mr. Rinker. The vote was unanimous.

Mr. Cheran gave an update on the court case.

On a motion made by Mr. Cline to adjourn meeting and seconded by Mr. Shirley 4:15.

_________________________ Eric F. Lowman, Chairman _________________________ Pamala Deeter, Secretary

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Board of Zoning AppealsAgenda Item Detail Meeting Date: July 20, 2021 Agenda Section: Public Hearings

Title: Variance #06-21 for Braddock Hills, LLC

Attachments:BZA07-20-21VAR06-21_Redacted.pdf

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VARIANCE APPLICATION #06-21 BRADDOCK HILLS, LLC Staff Report for the Board of Zoning Appeals Prepared July 15, 2021 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: July 20, 2021

Public Hearing; Action Pending LOCATION: The property is located at 978 Round Hill Road in Winchester. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 52-A-141 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) District Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: Vacant West: RA (Rural Areas) Use: Residential VARIANCE REQUESTED: The Applicant is requesting 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 a 14.4-foot rear setback, to allow for the construction of a new single-family dwelling. REASON FOR VARIANCE: The property cannot meet the current setbacks due to the size of the property and location of the proposed new dwelling. STAFF COMMENTS: This 0.56 +/- acre property was created prior to Frederick County adopting zoning in 1967. The prior dwelling on the property, which was demolished, was built in 1900. The Frederick County historical zoning map shows this property zoned A-2 (Agricultural General) District in 1967. 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 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

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Variance #06-21 – Braddock Hills, LLC Page 2 July 15, 2021 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. 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. STAFF CONCLUSIONS FOR THE JULY 20, 2021, 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 request from the current setbacks of the RA (Rural Areas) Zoning District may be justified.

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52 A 141

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Frederick County Planning & Development107 N Kent St

Winchester, VA 22601540 - 665 - 5651

Map Created: June 16, 2021

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VAR #06-21

VAR # 06 - 21: Braddock Hills, LLCPIN: 52 - A - 141

Front Yard and Rear Yard VarianceLocation Map

9

52 A 141

973ROUNDHILL RD

961ROUNDHILL RD

945ROUNDHILL RD

933ROUNDHILL RD

953ROUNDHILL RD

995ROUNDHILL RD

161TRINITY LN

161TRINITY LN

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3021NORTHWESTERN

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928ROUNDHILL RD

1006ROUNDHILL RD

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3079NORTHWESTERN

PIKE

TRINITY LNROUND HILL RD

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ApplicationSewer and Water Service AreaParcels µ

Frederick County Planning & Development107 N Kent St

Winchester, VA 22601540 - 665 - 5651

Map Created: June 16, 2021

Round HillROUND HILL RD

NORTHWESTERN PIKE

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D CATH

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OLD F

IREHO

USE L

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VAR #06-21

VAR # 06 - 21: Braddock Hills, LLCPIN: 52 - A - 141

Front Yard and Rear Yard VarianceZoning Map

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