Town Council Upholds a Decision of the Board of Architectural Review

The Monday, October 28 regular meeting of the Front Royal Town Council, coming out of closed session at 7 p.m. in the Warren County Government Center at 220 North Commerce Avenue, covered agenda items that ranged from a rezoning application to a resolution to direct the planning commission to draft a proposed ordinance regulating vape shops to the extent that it is possible for the Town government to do so. Among those items was an appeal from Teddy Stout Construction, Inc. of a decision of the Board of Architectural Review (BAR) concerning a potential construction project in the Historic District, an area of town where in the interest of preserving the integrity of the district, specific criteria must be met for a change to an existing structure or the construction of a new one to be considered appropriate.

Town Council prepares to commence a regular meeting on Monday, October 28. Royal Examiner Photo Credits: Brenden McHugh.

Teddy Stout Construction proposes to build a new duplex at 240 Blue Ridge Avenue, and the BAR has a rationale for why they denied the project a Certificate of Appropriateness. In a letter dated September 12, regarding the BAR’s decision on September 10, the Clerk of the Board of Zoning Appeals, Connie Potter, listed three reasons why the decision was made: the duplex is not compatible in design with the character of the Historic District, it is not respectful of the surrounding historic buildings, and there has been no alternative design proposed other than the one submitted with the application. Potter then quotes Section 175-94 of the Zoning Ordinance: “Any applicant aggrieved by a final decision of the Board of Architectural Review may appeal said decision to the Front Royal Town Council, provided that such appeal is filed, in writing, with the Town Clerk within ten (10) days after the final decision is rendered by the BAR. The Town Council will hear the matter at its next regularly scheduled meeting and will render its decision on the appeal at the following regularly scheduled meeting. The Council, in its discretion, may consider additional evidence and submissions during the period between meetings and at the second regularly scheduled meeting prior to rendering its decision.”

Theodore “Teddy” Gunn stands with Mayor Lori Cockrell after leading the gathering in the pledge of allegiance.

Relevant to this section was the clarity provided by Town Attorney George Sonnett, addressed to the mayor. Having reached the second regular meeting, it is only appropriate for the council to consider the evidence included in their agenda packet, all of which the BAR has had the opportunity to review. Any revised evidence that the applicant desires the council to consider but which the BAR has not had the opportunity to review should be submitted to the BAR in a future application. That clarification being received, Mayor Lori Cockrell informed the applicant, who was indeed in possession of new evidence, that the council would only be considering the evidence that was available to the BAR when they made their decision and is comprised in the council’s agenda packet. After a brief discussion among council members, the council voted unanimously in favor of upholding the BAR’s decision.

The council acknowledges and honors Chief of Police Kahle Magalis, considering his upcoming retirement from the Front Royal Police Department on October 31.

In a statement made to the council by BAR chairman Collin Waters at the council’s September 23 meeting, he acknowledged the safety hazard that the current structure at that site represents due to a fire. The decision was not made lightly. It was made with the awareness that steps need to be taken in a timely fashion to find a workable solution that is respectful of the Historic District. The duplex under consideration would be, in his view, a “cookie-cutter” example of new designs seen in other residential zones that are not compatible with the Historic District. Granted, generating the type of house that would be compatible might be an expensive, fruitless endeavor. Ultimately, Waters lamented the lack of an efficient process with clear guidelines that can empower the BAR to moderate appropriate development in the Historic District. “We look forward to further discussions between the BAR and Town Council to better align our vision for preserving our historic district and to address special considerations for new construction within it,” he said.

To the right of Mayor Lori Cockrell, who stands fourth from left, four gentlemen from the Town’s energy services are honored for the work they have done in responding to the devastation left by Hurricane Helene.