Supervisors Hold 10 Public Hearings, 6 for Short-Term Tourist Rentals

At its monthly meeting to handle the increase in public hearings largely driven by Short-Term Tourist Rental requests, the Warren County Board of Supervisors held ten public hearings, six for Conditional Use Permits for short-term tourist rentals. Their actions were as follows in the order presented:

1 B. Public Hearing – Conditional Use Permit 2023-05-02, Bradly Winans for a Short-Term Tourist Rental – presented by Zoning Administrator Chase Lenz. The property is located at 416 Hobbs Nob Rd. and identified on tax map 15F, section 1, block 7, as lot 34. The property is zoned Residential One (R-1) and is located in the Shenandoah Magisterial District. Responding to a question, Mr. Lenz said the planning commission recommended denial due to setback concerns and the opposition of a neighbor impacted by the lesser setback. After hearing from the applicant, then several neighbors opposed to the permitting, Walt Mabe made a motion to deny the permit, seconded by Jay Butler. Cheryl Cullers joined those two in voting to deny, with Chairman Cook and Delores Oates voting against denial. So, the permit was denied by the 3-2 margin.

2 C. Public Hearing – Conditional Use Permit 2023-05-05, Nancy Hilliard for a Short-Term Tourist Rental – presented by Zoning Administrator Chase Lenz. The property is located at 83 Moonshiner Way in the Blue Mountain subdivision and identified on tax map 24B, section 1, block 28 as lot 690. The property is zoned Residential-One (R-1) and is located in the Shenandoah Magisterial District. With no speakers other than the applicant at the public hearing, on a motion by Ms. Oates, seconded by Mr. Mabe, the permitting was approved unanimously on a roll call vote.

3 D. Public Hearing – Conditional Use Permit 2023-05-06, Erica Baker & Richard Case for a Short-Term Tourist Rental – presented by Zoning Administrator Chase Lenz. The property is located at 31 Farms Riverview Rd. and identified on tax map 15D, section 1, block 3 as lot 2. The property is zoned Residential-One (R-1) and is located in the Shenandoah Magisterial District. A curve was thrown to these applicants as staff informed the board it had been discovered that notices of the public hearing mailed to four adjacent property owners, including the County as the owner of a nearby boat landing, had the incorrect applicant property address included. After much back and forth on the issue, on a motion by Ms. Cullers, seconded by Mr. Butler, the board unanimously tabled action on the application. They indicated they would try to meet any re-advertising standards and bring the application back for a vote as soon as possible, hopefully at the August 15 meeting.

4 E. Public Hearing – Proposed Amendment to Warren County Code Section 179-12H to Amend Wells and Sewage Disposal Systems Variance Application Fee Language – presented by Zoning Administrator Chase Lenz. After it was explained that the new $200 fee, up from $100, had been implemented but was not yet reflected in the code, the board unanimously approved the requested code amendment on a motion by Ms. Oates, seconded by Mr. Mabe.

5 F. Public Hearing – Conditional Use Permit CUP2023-05-04 – David A. Downes for a Short-Term Tourist Rental – presented by Planning Director Matt Wendling. The property is located at 125 Freeze Rd. and identified on tax map 23C, section 2, block 2, as lot 168A. The property is zoned Residential-One (R-1) and is located in the Shenandoah Magisterial District. Wendling explained the legal dynamics and went ahead w/ the public hearing while the applicant was working to get the proper legal authority as estate executor to make the permitting application for the estate of a deceased friend, that estate being to the benefit of the deceased friend’s daughter, who is not yet 21 and lives overseas in the Philippines. Despite staff showing little concern over having the matter move through the planning commission level without the proper estate authority being established, Supervisor Oates worried that the first review and recommendation would be ruled illegal, making any subsequent board action illegal as well (42:45 video mark). After some research by Assistant County Attorney Caitlin Jordan, it was established that the board could simply vote to remove the item from the evening’s agenda without it appearing, further consequence on what had gone prior. And on Ms. Oates motion, seconded by Mr. Mabe, the board voted unanimously to remove the item from the meeting agenda.

6 G. Public Hearing – Conditional Use Permit CUP2023-05-03 – Walter Scott & Victoria Marie Piotti for a Short-Term Tourist Rental presented by Planning Director Matt Wendling. The property is located at 192 Howellsville Heights Circle in the Howellsville Heights subdivision and identified on tax map 15I section 1, as lot 10A. The property is zoned Agricultural (A) and located in the Happy Creek Magisterial District. With no speakers at the public hearing, Ms. Oates made the motion, Butler seconding, to approve the application, which passed unanimously.

7 H. Public Hearing – Lease of County-Owned Property located at 229 Stokes Airport Road presented by Finance Director Alisa Scott. Scott explained the property was at the County-overseen Front Royal Airport (FRR) and had previously been used as a pilots’ lounge and planning office. It would be rented to Skyline Front Royal LLC as an office space of 368 square feet. Scott told the board both parties had agreed to the lease terms. There were no speakers at the public hearing. Mr. Mabe then made the motion to approve the lease, seconded by Mr. Butler, which passed unanimously.

8 I. Public Hearing – Conditional Use Permit CUP2023-05-08 – County of Warren – Shenandoah Farms Fire Station in the Riverview section off Howellsville Road, partially in the flood zone, presented by Planning Director Matt Wendling. He explained that the CUP request the use of a “Public Protection facility” fire station and medical emergency station for Company 6 in Shenandoah Farms. “Dwelling quarters” for Station 6 were recently demolished due to “unsafe structural and building issues,” Wendling told the board. This permitting will allow staff to stay closer to the equipment garage and reduce emergency response turnaround time. Ms. Oates expressed concern with a VDOT report on traffic patterns and speeds at the site, often exceeding the 35 mph limit. Mr. Wendling suggested several ways to address the issue, with cutting back vegetation and increasing signage in the area. With no public hearing speakers, on a motion by Mr. Butler, second by Mr. Mabe, the board approved the permitting unanimously.

9 J. Public Hearing CUP 2023-05-09 – Barbara J. Hessler for a Commercial Outdoor Recreation Operation – presented by Planning Director Matt Wendling. The property is located at 2930 Long Meadow Road and identified on tax map 9E, as lot 1. The property is zoned Agricultural (A) and located in the North River Magisterial District. The planning director explained that the 3.1-acre property would be used as a training facility for off-road motorcycle classes related to the applicant’s existing business known as DC Dirt Camp. The applicant addressed the board, expressing enthusiasm for being able to operate her business on her own property with her home on it. And she invited the board to come out and learn to ride dirt bikes. One speaker appeared at the public hearing. He said he is a certified safety instructor for dirt bikes and motorcycles and noted he had driven two hours from his Pennsylvania home to speak in favor of the application. On a motion by Ms. Cullers, seconded by Ms. Oates, the board unanimously approved the permitting.

10 K. Public Hearing for Conditional Use Permit CUP2023-05-07 – Michael DeLutri for a Short-Term Tourist Rental presented by Planning Director Matt Wendling. The property is located at 2706 Freezeland Rd. in the Hidden Orchard Manor subdivision and identified on tax map 23G, section 1, as lot D. The property is zoned Agricultural (A) and located in the Shenandoah Magisterial District on 2.419 acres. Wendling explained the applicant lives in California, likely explaining their absence from the public hearing, but will utilize local property management for the operation. There were no speakers at the public hearing, and on a motion by Mr. Mabe, second, I believe, by Ms. Oates, the application was unanimously approved.

On a motion by Mr. Mabe, second Mr. Butler, the 6 p.m. meeting was then adjourned by a unanimous voice vote at 7:15 p.m.

Click here to watch the July 25th Board of Supervisors meeting.