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BZA 08-20-96 Meeting AgendaFILE COPY AGENDA FREDERICK COUNTY BOARD OF ZONING APPEALS The Old Frederick County Courthouse Winchester, Virginia August 20, 1996 3:25 p.m. CALL TO ORDER 1) Meeting Minutes of July 16, 1996. 3:30 p.m. PUBLIC HEARINGS 2) Variance Application #009-96 of Eddie R. Roberts, Sr. for a I O' side yard setback variance for a 24'x 24' unattached garage. The property is located in an RA (Rural Areas) Zoning District at 483 Stephenson Road and is identified with Property Identification Number 44-A-179 in the Stonewall Magisterial District. 3) Variance Application #012-96 of Richard A. Keeler for a 14" front yard variance for a cantilevered overhang on a constructed house. The property is located in an RP (Residential Performance) District at 106 Camden Drive, and is identified with Property Identification Number 55H-2-1-10 in the Stonewall Magisterial District. 4) Variance Application #013-96 of Danny and Sheila Maxwell for a 6' front yard variance for a covered porch. The property is located in an RP (Residential Performance) District at 108 Camden Drive, and is identified with Property Identification Number 55H-2-1-11 in the Stonewall Magisterial District. 5) Other MEETING MINUTES OF THE FREDERICK COUNTY BOARD OF ZONING APPEALS Held in the Board Room of the Old Frederick County Courthouse, Court Square, Winchester, Virginia, on July 16, 1996. PRESENT: Manuel Sempeles, Jr., Chairman, Stonewall District; James Larrick, Jr., Vice Chairman, Gainesboro District; Harold Nichols, Opequon District; Oren Snapp, Back Creek District; Ralph Wakeman, Shawnee District STAFF PRESENT: W. Wayne Miller, Zoning Administrator; and Carol Gordon, Secretary CALL TO ORDER Chairman Sempeles called the meeting to order at 3:30 p.m. MINUTES OF JUNE 18, 1996 Upon motion made by Mr. Larrick and seconded by Mr. Nichols, the minutes of June 18, 1996 were unanimously approved with one correction. PUBLIC HEARINGS (3:35 p.m.) Variance Application #009-96 of Eddie R. Roberts, Sr. for a 10' side yard setback variance for a 24' x 24' detached garage. The property is located in an RA (Rural Areas) Zoning District at 483 Stephenson Road and is identified with Property Identification Number 44-A-179 in the Stonewall Magisterial District. ACTION - TABLED DISCUSSION Mr. Miller presented the application and gave background information on the request, along with pictures of the property. Chairman Sempeles asked for anyone in favor of the application to come forward. 2 Mr. Eddie Roberts, applicant, stepped up to the podium and explained why he needed the variance, citing financial reasons and current placement of driveway and septic tank. Discussion followed regarding rules and regulations governing the Board of Zoning Appeals and why possible violations by the applicant's neighbors have no bearing on this application. Mr. Miller explained the reasoning behind the zoning regulations and stated that setback requirements in rural areas for accessory structures have not changed since 1973. Chairman Sempeles asked Mr. Roberts if he had to move the garage, would he do it? Mr. Roberts replied that he could not. He then asked the applicant how many of his other neighbors with the same size lots have garages. Mr. Roberts replied that neighbors on both sides have garages. Mr. Larrick asked Mr. Roberts if anything would prevent him from moving the garage over five feet in the other direction (toward the middle of his property)? Discussion followed regarding possible placement of the garage and possible reduction of the setback request on the part of the applicant. Mr. Roberts stated that he did not want to change his request and would prefer to stay with his original request of 10 feet. He raised a question on the purpose of what he considered to be a "denial letter" from the Planning Department; Mr. Miller explained that the letter was a recommendation from the staff, not a final decision. More discussion ensued on possible compromises. Chairman Sempeles asked if anyone else wanted to speak for the applicant. Mae Fletcher, a neighbor, spoke in favor of Mr. Roberts' request. She stated that his building a garage would not bother her and that she had no objections. There were no other speakers for or against the application. Mr. Larrick told Mr. Roberts that he would consider making a motion for approval if the request was amended to a five-foot, rather than a 10 -foot variance, if Mr. Roberts was agreeable to that. Mr. Roberts was not in favor of this suggestion. Upon motion made by Mr. Nichols and seconded by Mr. Snapp, the application was tabled until the next meeting in order for the Board to review the matter further. VOTES JN SUPPORT OF THE MOTION): Mr. Sempeles. Mr. Nichols, Mr. Snapp, Mr. Wakeman AGAINST: Mr. Larrick 3 Variance Application #010-96 of Davenport Insulation for an 8' front yard setback variance to build an addition to their existing building. The property is located in an M1 (Light Industrial) Zoning District at 240 Lenoir Drive and is identified with Property Identification Number 43-19-10 in the Gainesboro Magisterial District. ACTION - APPROVED DISCUSSION Mr. Miller presented the application and gave background information on the request. He showed pictures of the property to the Board members. He mentioned to the Board that there was a 75 -foot front setback in place by a deed covenant. Mr. Gary Dove spoke on behalf of Davenport Insulation. He stated that he had revised the plan since the application was submitted and that they were asking for five feet, rather than the eight feet on the application. Also, they were building an airlock entrance now instead of an addition to the existing building. Mr. Miller asked if they were currently on septic; Mr. Dove replied that they were. Mr. Larrick stated that on behalf of the Board, he wished to commend the applicant for working with the property owner to come up with a workable solution. There were no other comments or discussion for or against the variance. Upon motion made by Mr. Larrick and seconded by Mr. Wakeman, Variance #010-96 was unanimously approved. BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby approve Variance Application #010-96 of Davenport Insulation for a 5' front yard setback variance to build an airlock entrance to the existing building. Variance Application #011-96 of Darian H. Anderson for a 28' side yard setback variance on each side to build a single family residence. The property is located in an RA (Rural Areas) Zoning District at 104 Cedar Grove Road and is identified with Property Identification Number 42-A-302 in the Gainesboro Magisterial District. DISCUSSION The application and pictures of the property were presented by Mr. Miller. El Mr. Darian Anderson, applicant, spoke in favor of the request. A clarification was made on the calculations which had been made on the setbacks. Mr. Anderson stated that this property was a gift from his parents and the only way he could build on it was to receive a variance on the setback requirements. There were no other speakers in favor of the applicant. Mr. Charles Strother, adjoining property owner, spoke against the application because he had a dispute with Mr. Anderson's father regarding boundary lines. A discussion followed regarding the appropriate manner in which to handle boundary disputes. Mr. Miller explained that this variance request had nothing to do with boundary lines in question and that the matter would have to be settled by hiring a surveyor. Mr. Strother understood this and stated that he had no actual opposition to the Andersons building a house on that lot. Mr. Jim Patton, another neighbor, also spoke in favor of the application in that they had no opposition to a house being built on the property. There were no speakers in opposition to the variance request. Upon a motion made by Mr. Snapp and seconded by Mr. Wakeman, Variance #011-96 was unanimously approved. BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby approve Variance Application #011-96 of Darian H. Anderson for a 28' side yard setback variance on each side to build a single family residence. ADJOURNMENT There being no further business, the meeting was adjourned at 4:00 p.m. Respectfully submitted, Chairman Manuel G. Sempeles Carol I. Gordon, Secretary BZA REVIEW DATE: 7/16/96; 8/20/96 VARIANCE #009-96 EDDIE R. ROBERTS, SR. LOCATION: The property is located at 483 Stephenson Road in Stephenson. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 44-A-179 PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Residential ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Residential VARIANCE: A 10' side yard variance for 24'x 24' unattached garage REASON FOR VARIANCE: To keep garage off of septic tank and to keep in line with driveway STAFF COMMENTS: This application was tabled at the previous meeting. In review, the applicant is requesting a 10' side yard variance to place an accessory structure 5' from the property line. Within the RA (Rural Areas) zoning district, the setback requirement for an accessory structure is 15'. The placement of the proposed garage is not limited to the location identified by the applicant. There is sufficient space on the property to locate the garage elsewhere, and to construct it in accordance with the 15' setback requirement. The Code of Virginia, Section 15.1-495(2)(a) states that no variance shall be authorized by the board unless it finds that strict application of the ordinance would produce an undue hardship approaching confiscation. Staff believes that granting this variance would be inappropriate as a demonstrable hardship approaching confiscation does not exist. STAFF RECOMMENDATION: Denial. E 4 115 96-4 �ry w �rt E 95 2 pts. S o� J 121 A U-1 121 ss, 138 295-177 -530 — Cv h � 138B 138A %K IQ r 126265,5 o� 8y 3° 12 8 '88 G�J10 �8'�j 130 , 85 283-58 \ ���, �0 1708 N N y F '7 t� tF 198 223-195 Ate;' 170 2 8 170C 20 20 Location Map for PIN: 44—A-17(, Variance #009-96, Eddie Roberts, Jr. i t� 61• if 94- . MUST BE TYPED OR FILLED OUT IN INR - PLEASE PRINT 1. The applicant is the owner tl/ other. . (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: /'NC!- t'E' _Pola P r5 �V NAME: ADDRESS �<3 ytep�Etiso►��oa ADDRESS:_ EP ert50e7, /4• o�aif� �' TELEPHONE: �� (n '7 - sa 3 5 TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers) : 0 c- ( vOr+ +tit2n (`t (c (�04 0 �� 1 I £. �- e r n 5 i ✓1 CrQ S 0 ad 5 w -e, R I - e- + 4. The property has a road frontage of C C feet and a depth of `_, C C feet and consists of '.So ACY9to acres. (please be exact) 5. The property is owned by �dol;e f ���t�rtiee�er T5 St as evidenced by deed from ., Sr,recorded (previous owner in deed book no. on page a 0 of the deed books of the Clerk of the Court for Frederick County. Attach a copy of the deed. page 2 of 5 6. Magisterial District: ff-�52 ( n e &LIQ 7. 14 -Digit Property Identification No.: 8. The existing zoning of the property is: 9. The existing use of the property is: S i n le- V/4fn r%i;e 10. Adjoining Property: USE ZONING North OrAe r i -I ld 44 East 4L A South ,/� West wo t 11. Describe the variance sought in terms of distance and type. (For example: "A 3.5' rear yard variance for an attached two car garage.") �u' s, . F v�,.,� ✓��,,� c 12. List specific reason(s) why the variance is being sought in terms of: exceptional narrowness, shallowness, size or shape of property, or exceptional topographic conditions or other extraordinary situation or condition of property, or the use or development of property immediately adjacent thereto r � In /1"'p- ltl7, I R1 13. Additional comments, if any Page 3 of 5 14. The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the variance is being sought, including properties at the sides, rear and in front of (across street from) the subject property. (Use additional pages if necessary.) ..These people will be notified by mail of this application: Please list com let= 14- diQit Rroyerty identification number, NAME r1 ;t Page 4 of 5 15. Provide a sketch of the property (you may use this page). Show proposed and/or existing structures on the property, including measurements to all property lines and to the nearest structure(s) on adjoining properties. Please include any other exhibits, drawings or photographs with this application. Adjoininq Prooerty YOUR PROPERTY Adjoining Prooert r iAQdi, $ 4 ion j o. Foo ert Line i ----------- ----------'Center of Rood ------ Rood OW THESE MEASUREMENTS �n m 917.4 �P/'o�as•� � � a o?6/u ILI - - - - - - - - - - .- V_ - - - - - - tJ A"'7U Te. EL- - y Page 5 of 5 AGR EEME:: 1 - VARIANCE ,_ 4O I (we), the undersigned, do hereby respectfully make 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) days prior to the BZA public hearing 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 ZA/21�TE: SIGNATURE OF OWNER (if other than applic�..,,, -OFFICE USE ONLY- BZA PUBLIC HEARING OF ACTION• - DATE- EEr APPROVAL DENIAL SIGNED: t_J BZA CHAIRMAN DATE: V 1 w. DYKE 400' TO , RO.AO 27 NO 666 b . o o .. WE 3 TO'" FRIES 0 SQ, FT. ,. Is MAGNET -"I x56 t �SCALI; -4( 4 _. _ SN4Np ./� JOHN ALLEN �1 HOUSE f CERTIFIED CORRECT Ff,•. o ! 4:,: RICHARD .U. GOODE RICHARD U. GOODE CERTIFIED SURVEYOR #, x .JULY 30, 1957 1. r, o i If , o , A t n w 396' TO. ROAD. { Na , 666 c ' 1 ..:� N :'38 ' 40 W . 100.0' ,} r. RO D NO. 664.. The-Aboverlots locatedon the. Northeast side of Road No. 664 of (Jordan Springs Road) about `4 miles North of Winchester, and situate in Stonewall Magisterial District,.Frederick County,.Virginia; is bounded as follows: Beginning'at (:1) an iron peg.on the Northeast side of Road No said point being 396,::feet'Southeast Of to + itr point,of intersection of the North k j, rA.t •i(�T"�. `1y+3�h -.3 } .::." J r. east e .Of 'Road Noy ;66�+' wit�'E„th�e`$putheast' aide -of Road No. 666, and .corner to s the land of Snapp; thence'with,Snapp N149 deg. 30 -min. E 200.0 feet to (2) an iron peg a.corner'.to Snapp in-.Dyke's line, thence with Dyke 3 38 deg. 40 min. E 100.0 t` feet to;.(3) ariiiron peg a corner to'JoY1n'Allen in Dyke+s line; thence with John '°. _ + Alien Z,49- deg `r30 ynim } Wy X00;0 feet to (4) .an iron peg on the 'Northeast side of Road No 664, ,thence with said road .N 3$'deg. 40 min.,W 100.0 feet to the point of beiinning, containing 19,990-- square feet- more or less. - 7 L ` RICHARD U. GOODE. is Certified' Surveyor, 3084 30, 1957. VIRGINIA } FREDERICK COUNTY, (SCT. ' t This instrument 'of. writing war:. produced to me or. the 28th da-, X 4A , o� august 1957pat loY �0 A. �M ':and with certificate of acknowledgment thereto annex waadmitted to record. ` CLERK 1: — .. s�7tti + S�dr,zi � sd BZA REVIEW DATE: 8/20/96 VARIANCE #012-96 RICHARD A. KEELER LOCATION: The property is located at 106 Camden Drive. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 55H-2-1-10 PROPERTY ZONING & USE: Zoned RP (Residential Performance) District; Land use - Residential ADJOINING PROPERTY ZONING & USE: Zoned RP (Residential Performance) District and RA (Rural Areas) District; Land use - Residential and Agricultural VARIANCE: A 14" front yard setback variance for a cantilevered overhang on a constructed house. REASON FOR VARIANCE: 1.8' overhang extends 14" into the required 35' front yard setback. STAFFCOMMENTS: The applicant is requesting a 14" front yard variance for a cantilevered overhang on a house that was constructed in violation of the 35' front yard setback requirement. The setback distance was incorrectly measured from the base of the house rather than from the front wall. This mistake was recently discovered during a real estate transaction and has resulted in this variance application. Staff believes that this variance request meets the test for Board of Zoning Appeals approval as specified in Section 15.1-495(b)(1), (2) and (3) of the Code of Virginia. Strict application of the Zoning Ordinance would produce an undue hardship; this hardship is not shared generally by other properties in the vicinity, and approval of the variance request will not have a detrimental impact on adjoining properties or the Zoning District as a whole. STAFF RECOMMENDATION: Approval. File: KAWP\CMN\COMMENTS\KEELER.BZA a2 pa R' 1 J37 197 N 186 t es�g C N 198 185 � ryo 1gg 184 4 J r V k ?q 1 � �0 183 3 5 i � 0 � 18? � � � 44 121 ,s 78, 4 S ' j SS 4 119 w-� E 170 3 180 �7 ? 17 17t 1>1 7 y� I 715 �I >2 � 1j8 ? � 29 30 113 1j> R� a s` ?� 9 39 ,y ^' x Zu t109 S 1jS8 Tom- 21> g 25 �0 Q �f i ry "97 n 1 107 t0� i 149 157 � t5> � 9 t51 155 / 1� 14 \yA 75 15 6 6 „ 101 t 52 1Sf `` 6 "8 \'� ��4 12 13 53 ry 99 ,ham " 14> 12 :" 731 `'S'1 1 �7 5e Sa n M 78 92 h 1S3 v . Z q7 96 q9 0 6 >6 95 7 g0 152 148 127 160 177 b 2 67 i 4�>>� e91, 79 113 161 t76 ^� 0 126 73 95A - 1 la 62 t62 g 8U W 115 112 �� 8> 115 93 69 72 775 91 93 4 !is 92 at 63 7?q 102 7t $ 163 174 r 82 64 Y i 6 3 f 23 !!8 103 9p A 70 f 164 9 175 !19 ipg 65 $ ro 104 69 1 t65 122 120 108 a 105 9p & 84 68 86 I _A 172 88 t66 1 74 '1•y 63 -. '12i 107 106 $S 67 w 171 I 75 62 - B> as 167 '04 170 J RW 2 64 61 17. ��. -.. Q (n_ •wf4 166 1$8 >6 7 O �l f ♦ >7 6S y 60 18 16 sc j S' » y9' ' > 66 3 l 19 15 ' t 57 >8 ° 6Sg 181 `20 181 B ti... J 14 69 9 \� g0 68 1 r 21 73 } 179 S� t 1 22 I I 9 S6 1 12 < 1 23 11 83 55 1 �(y�1�-�� 24 10 W Ill ♦ 54 21u; Y 25 9 2 ac y i 4!, x' 1{26 8 1 277 -°P71'°' 6 5 4 S 2 1 17 8 i X15 to A � q U 9 i 3t\ I D i 26 s • , by y�ry 0 by �e Rt. t386 �rw "„ j I ifZEp[RI(}( (;OlM7Y \ � \ 6 �, \ —%, � N I I AII1110NIY/ `b Qv r��i O ,y;,}�\.• l�L ( I A `h � / 3 � ^�6�M w Low. Ruda CO o O g 100 ryh1' 2*t qa0 1383 107 � 243 '�b• $ 104 ✓ ,1 ^ o 239 ; M N \ 703 102 238237 t245 T�252 236 6 9 .-14 J. 18 169 `166 t18 179 ,10 h XB3 Sg �`Si 00 23$ B 119 1�g 1 , 6R { 1 Sg Asa ryy7 ryhh h� ?� ? i V Location Map for PIN: 551-1-2-1-10 Variance #012-96, Richard A. Keeler page 1 of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA 1. The applicant is the owner other �Z . (Check one) 2. APPLICANT: NAME. ADDRESS ` /�jr�� y'T r TELEPHONE: Sy 0_ SS fi S y v OCCUPANT: (if different) rr NAME: ADDRESS: (o4 TELEPHONE: S -L[ 0 - 1 �- 3. The property is located at (give exact directions and include State Route numbers) : J SSI+- A -I-10 4. The property has a road frontage of CS -i feet and a depth of S w S feet and consists of z' acres . (please be exact) 5. The property is owned byf,w, as evidenced by deed from (previous owner in deed book no. 1) ' L L onpage ) a of the /deed books of the Clerk of the Court for Frederick County. Attach,, a copy of the deed. },?f9u f _ AFS: page 2 of 5 6. Magisterial District: -S I, I, 7. 14 -Digit Property Identification No.: 8. The existing zoning of the property is: ~J 9. The existing use of the property is: FIiVlatt- �Si�cNTi 11 L 10. Adjoining Property: USE ZONING North East i"-�r!�, 1:.,1 South �'�iv�h,t-c h.-r�.� —�ti _ V 4' West 11. Describe the variance sought in terms of distance and type. (For example: "A 3.5' rear yard variance for an attached two car garage.") S' C:t-k.c-4 /lam ` T Y �,e � C �-��ietr►7 12. List specific reason(s) why the variance is being sought in terms of: exceptional narrowness, shallowness, size or shape of property, or exceptional topographic conditions or other extraordinary situation or condition of property, or the use or development of property immediately adjacent thereto 1 y� 13. Additional comments, if any f r, 4 Page 3 of 5 14. The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the variance is being sought, including properties at the sides, rear and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notified by mail of this application: (Please list complete 14_ digit oroperty identificatibn number NAME Address 5 5 0 AJ tv 6r, Property ID# - Z- VG }- Ci c3 } d Address } ' C . a. N �;�`^ r :?a 4 �J W2 Property ID# � 01� Address a I is L �w Ni Property ID# - >-+ -- _ • ^ �� 'z '3 oaf Address Com. , w iriv'4- 4*% `^ r � Y_ Property ID# ,-... G:, Vit i �� �-i✓ } I Address Ms'• r �_ • i�S,�. v��,Jl �,� t�' , � L pct L�t;�. r� Property ID# _ 5 - 02 L� r I -Address---- ddress Property ID#�'�.'u -Property -- _ G. a- Ifr C� Address 2"► I �,� �� �. f"' �1 ti V ' `..��..r� f. - �f i'r 11,3 .c r Property ID# Property IE Address Property ID Address Property ID Address Property ID; Page 5 of 5 AGREEMENT VARIANCE # Ol —9 6 I (we), the undersigned, do hereby respectfully make 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) days prior to the BZA public hearing 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 ��f s �- DATE SIGNATURE OF OWNER �!l_�., L? I �i„t 19c oi,�. DATE (if other than applicant) -OFFICE USE ONLY- -7 -[ I - qi C BZA PUBLIC HEARING OF ACTION: APPROVAL DENIAL - DATE - SIGNED: BZA CHAIRMAN DATE: 576703 THIS IS TO CERTIFY THATON AUGUST 22, 1995 I MADE AN ACCURATE SURVEY OF THE PREMISES SHOWN HEREON AND THAT THERE ARE NO EASEMENTS OR ENCROACHMENTS VISIBLE ON THE GROUND OTHER TRAM THOSE SHOWN HEREON. -S LOT DOES NOT FALL IN A FLOOD HAZARD ZONE. ,_.ARD PLAT IS RECORDED IN DEED BOOK 824 AT PAGE 1257. --— CAT1P TELE BOX NOF SCHULLER 2053'13"E 80.00' LOT 1 10100a a'a t 0 0 v V' z _ CN O �t DECK J O co SPLIT FOYER J Cl m N BRICK B FRAMEco 0 chtm # 106 t In 35' BRL 45.0' 16.2' t PT�T S OH sip 10 �(rQ _ 7 ar w 3 1-3-'f C' 1 rek DAVID M. FURSTENAUUJ Z S f o 140-1455 . IPF IPF V/) `''+, _ N 02(353'13"W 80.00' 213' To Pc TRV �`A RTE .659 CAMDEN DRIVE LOT 1.0 SECTION 1 50' WIDE a RSBURY TERRACE STONr WALL S- 0199 DISTRICT FREDERICK COUNTY, VIRGINIA HOUSE LOCATION SURVEY FURSTENAU SURVEYING STEPHENS CITY, VIRGINIA 22655 DAVE: AUG. 22, 1995 SCALE: I" n 25' DwN. 8Y: BZA REVIEW DATE: 8/20/96 VARIANCE #013-96 DANNY R. & SHEILA L. MAXWELL LOCATION: The property is located at 108 Camden Drive. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 55H-2-1-11 PROPERTY ZONING & USE: Zoned RP (Residential Performance) District; Land use - Residential ADJOINING PROPERTY ZONING & USE: Zoned RP (Residential Performance) District and RA (Rural Areas) District; Land use - Residential, Vacant and Agricultural VARIANCE: A 6' front yard setback variance for a covered porch REASON FOR VARIANCE: To build a covered front porch. STAFF COMMENTS: Within the RP (Residential Performance) zoning district, the front yard setback for principal structures is 35'. The applicants wish to construct a porch that is 6' in width. This proposal would place the principle structure 29.4' from the property line. In this case, the applicant has not demonstrated that a hardship approaching confiscation of the property exists. Strict application of the zoning ordinance would not produce an undue hardship to the applicant and would not prohibit the use of the property for residential purposes. The Code of Virginia, Section 15.1-495(2)(a)states that no variance shall be authorizedby the board unless it finds that strict application of the ordinance would produce an undue hardship approaching confiscation. Staff believes that granting this variance would be inappropriate as a demonstrable hardship approaching confiscation does not exist. STAFF RECOMMENDATION: Denial N jg7 N 186 l 198 t85 O N 199 184 4 2 rg2 4 W.1 g 181 1 170 3 rgp 5 171 72 3 5 4 � 4r 29 30 Jr ap Q& J� 49 0 > 'ter �6 21 49 N N N nvi N 2 2423 22 19 8 $ Ws �� 5� go `\ g 151 N 40 � 17A t5 16 13,1 ,n 'Ig 59 50, 5� N c9 N O ✓6, 2 96 �9 0 � N ',i 9S g7 1a B ,T g5 1A 160 177 ro �� ij 1t'S q 99 94 7q 116 112 100 g3 Q �6.2� 162 61 0, 'i 72 63 I 175 111 i' 102 9i 81 71 Q 163 174 1 77 - 82 70 6a 164 1f's 1pg •.� 103 90 g 173 1i9 104 89 83 69 165 120 10$ G Tp5 88 84 68 66 166 A 172 f2`r f07 fps 85 67 N 171 r +j~ 87 86 1671Oi 170 I _ 18 17 16 - 168 169 � 80 10, r94 152 y$4 78 99 g2 1y7 h %�r$ r47 12 - 131 3 76 95 7 q0 152 2 148 127 r rJd � f51 4g t26 � 5A 150 5 WW 9 - 87 89 91 �M 179 ' Q n �, 00 1 page 1 of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner %/ other . (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: h a, 1,4 1, /11 wciw.01 NAME: ADDRESS /o C�tiYr,G�F,�/ �iLr v E ADDRESS: W-a(Jv5- C-2 VA ZZEy 2- TELEPHONE: - TELEPHONE: (2- 3 j �3 TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): 4. The property has a road frontage of J : J feet anda de-pt h, of _ / :� feet and consists of ;(p acres. lease`•be-�_ exact 5. The property is owned by �Nnn �', £ S�c�,,� L P.1Ax,,.E fl as evidenced by deed from recorded' (previous owner) �,,,%,,-' in deed book no. _ `S aLf on page ; S of the deed+ books of the Clerk of the Court for Frederick County. Att3-a a copy of the deed. page 2 of 5 6 . Magisterial District: std iq"t N E: E STo �' G w 4 ��-- 7. 14 -Digit Property Identification Nc34 : 55 H 0.0 - -3 - 000i 0 0 8. The existing zoning of the property is:? P 9. The existing use of the property is: _ D,, zI I I N 10. Adjoining Property: USE ZONING North V R CRN T I` East Alla, UAI+Uf.ML R A South Res DeptmL West NAIAN R -F 11. Describe the variance sought in terms of distance and type. (For example: "A 3.5' rear yard variance for an attached two car /garage. ") 1 11 -fi=DNL1840 VAfRI NC +kC � "Ok 4 �L kWX A2 R E�J�l2Qp 12. List specific reason(s) why the variance is being sought in terms of: exceptional narrowness, shallowness, size or shape of property, or exceptional topographic conditions or other extraordinary situation or condition of property, or the use or development of property immediately adjacent thereto 'NS V A2;ri,wLr.is ikKI S Jtelv CJvt'4rA 13. Additional comments, if any Page 3 of 5 14. The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the variance is being sought, including properties at the sides, rear and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notified by mail of this application: Please list com late 14 - digit property identification number) NAME DNhn� R£-_ske-34L. �wc rl Hid R. g ��Ily 8, ANder�x,n� FA57C-2N Fiaerlee,*(K Ae�iJ,,pe,,4r4- 6!0, 0151 E ZAJ 'FRIIE/ I LY- Dk-';e I.o pen' -c 00, F►)5iE N F(ZZOE2'LiL •tiaaress Property ID -0-15H 60-21 000!z oo aress i o (o Co ,,deN w, oaevrea v.4 zz6 '>F operty ID# 55' °° ^ °° o -- o c 1 Aaaress BOX do (37 \ki,1 v5TC2 VA zz�,oq- -Property ID# 5S1! do -a-door—poi Z, Address ??0, '3- .-)' w ,' n d -e S 7 E,t V, } 2 2 (j tf Property ID# 55N oo--a -0001--00Q3 Address ?J- �X Property ID# Address SSW c7v - oo —do aU Property ID# 4ddress 59 .vnQ- l - 0000— -Property ID -Address -Property ID -Address Property ID; Address Property IDp, Address Property IDO Page 5 of 5 VARIANCE # AGREEMENT I (we), the undersigned, do hereby respectfully make 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) days prior to the BZA public hearing 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. 3IGNATIIRE OF APPLICANT o,,, � DATE SIGNATURE OF OWNER (if other than applicant) —OFFICE USE ONLY— DATE BZA PUBLIC HEARING OF ACTION: APPROVAL DENIAL — DATE— SIGNED: BZA CHAIRMAN DATE: P r' VACAPT LOT Dee Lost Z C- .9 to,� .9 Avv,^rium _ ��,,, AgDr1ioN �t'gtP Pwope.-t.., r t .30' (.„ CENT” tr( r?6,7 AIMP R. f. e"uy a. XdetisJrl 41 578703 THIS -IS TO CERTIFY THAT ON AUGUST 22, 1995 I MADE AN ACCURATE SURVEY OF THE PREMISES SRO HEREON AND THAT THERE ARE NO EASEMENTS OR ENCROACHMENTS VISIBLE ON THE GROUND.OTHER THW THOSE SHOWN HEREON. THIS LOT DOES NOT FALL IN A FLOOD HAZARD ZONE. RECORD PLAT IS RECORDED IN DEED BOOK 824 AT PAGE 1258. LOT N /F SCHULLER S 02053'13" W I n i 10.7' T DOC 2 STORY FRAME 0 N # 108 58.3' deck stp 30 L o i, elect Q box 1pf N 02053'13"W 80.00' CAMDEN DRIVE (50'R/W) tK844PG1743 1pf tele box LOT 10 0 0 tri N .-r co I� 1 (� 10 r- Ichlm 00 111 11.0' I 35' BRL_ HOUSE LOCATION SURVEY FURSTENAU SURVEYING STEPHENS CITY, VIRG31 A 22655 0� 0 DAVID M. FURSTENAU NO. 1,455 IPf 293' TO PC L z-v3� RTE 659 LOT 1.1 SECTION 1 RSBURY TERRACE - SHAWNEE DISTRICT FREDERICK COUNTY, VIRGINIA DATE: AUG. 22, 1995 SCALE: 1" = 25' DWN. BY: