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BZA 12-17-96 Meeting AgendaAGENDA FREDERICK COUNTY BOARD OF ZONING APPEALS The Board Room of the Frederick County Administration Building 107 N. Kent Street Winchester, Virginia December 17, 1996 3:25 p.m. CALL TO ORDER 1) Minutes of November 19 and November 27, 1996 3:30 p.m. PUBLIC HEARING 2) Variance Application #021-96 of Daniel E. Beckwith for a 5' side yard setback variance for an attached one-story kitchen. The property is located at 709 Dick's Hollow Road and is zoned RA (Rural Areas). The site is identified with Property Identification Number 41-A-46 in the Gainesboro Magisterial District. 3) 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 November 19, 1996. PRESENT: Manuel Sempeles, Jr., Chairman, Stonewall District; James Larrick, Jr.,Vice Chairman, Gainesboro District; Harold Nichols, Opequon District and Ralph M. Wakeman, Shawnee District ABSENT: Oren Snapp, Back Creek District STAFF PRESENT: Michael T. Ruddy, Planner I; and Carol Cameron, Secretary CALL TO ORDER Chairman Sempeles called the meeting to order at 3:30 p.m. MINUTES OF OCTOBER 15, 1996 Upon motion made by Mr. Larrick and seconded by Mr. Nichols, the minutes of October 15, 1996 were unanimously approved. PUBLIC HEARINGS (3:35 p.m.) Variance Application #019-96 of Harry J. Michael for a 20 -foot right side setback variance and a 20 -foot left side setback variance to build a single-family residence. The property is located at the intersection of Layside Drive and Sawyer Road, Lot 9, in Layside Estates; and is zoned RA (Rural Areas). The site is identified with Property Identification Number 51-A-130 in the Back Creek Magisterial District. ACTION - APPROVED DISCUSSION Mr. Ruddy presented the application and gave background information on the request. He showed colored photographs of the proposed building site. Mr. Ruddy stated that the staff recommendation for this variance was for approval as a demonstrable hardship approaching confiscation does exist. 2 Chairman Sempeles asked Mr. Michael to come to the podium to present his case. Harry J. Michael, applicant, spoke in favor of the application and stated that he was applying for the variance so he could build his retirement home. He cited the narrowness of the lot and restrictions on the placement of the well for the reasons for the variance request. Mr. Larrick asked about the picture on the application being hand -drawn, and wanted to know if Mr. Michael had an architect, or anyone else, do a house location survey. Mr. Michael replied that Evan Wyatt had done some calculations for him and that he had a copy of that. Mr. Larrick's concern was that from the way the drawing looked, there was no room for a margin of error. He suggested that rather than granting a 20' variance, allowing an extra two feet on each side would allow for the margin or error. There were no objections from the Board on allowing a 22' variance instead of the 20' as requested by the applicant. Mr. Michael agreed that 22 feet would be helpful. There were no other questions from the Board, and no one was present to speak against the variance request. Upon a motion made by Mr. Larrick to approve the granting of a 22' variance rather than the 20 feet originally requested, and seconded by Mr. Wakeman, Variance #019-96 was unanimously approved. BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby approve Variance Application#019-96 of Harry J. Michael as amended for a 22 -foot right side setback variance and a 22 -foot left side setback variance to build a single-family residence. ADJOURNMENT There being no further business, the meeting was adjourned at 3:40 p.m. Respectfully submitted, Manuel G. Sempeles, Chairman Carol I. Cameron, Secretary MEETING MINUTES OF THE FREDERICK COUNTY BOARD OF ZONING APPEALS A called meeting, held in the Rnard R oom of the Old Frederick County Courthouse, COU1-1 Square, Winchester, Virginia, on November 27, 1996. PRESENT: Manuel Sempeles, Jr., Chairman, Stonewall District; James Larrick, Jr.,Vice Chairman, Gainesboro District; and Harold Nichols, Opequon District. ABSENT: Oren Snapp, Back Creek District; and Ralph M. Wakeman, Shawnee District STAFF PRESENT: Michael T. Ruddy, Planner I; and Carol Cameron, Secretary CALL TO ORDER Chairman Sempeles called the meeting to order at 10:30 a.m. PUBLIC HEARING (10:30 a.m.) Variance Application #020-96 of Chuck and Jane Ewing for a 19' side yard setback variance to build an attached three -car garage. The property is located at 511 Hopewell Road and is zoned RA (Rural Areas). The site is identified with Property Identification Number 33-1-6 in the Stonewall Magisterial District. ACTION - APPROVED AS AMENDED DISCUSSION Mr. Ruddy presented the application and gave background information on the request. He showed colored photographs of the proposed building site for the garage, and of the foundation which has already been poured for the house. Mr. Ruddy stated that the staff recommendation for this variance was for denial as a demonstrable hardship approaching confiscation does not exist. Chairman Sempeles asked for Mr. and Mrs. Ewing to come to the podium. Chuck and Jane Ewing, the applicants, and Mr. Denny Place, previous owner of the property, came forward. Mr. Place stated that the property has been in his family for about 30 years and the zoning on it has changed in that time. He said that the house is designed with a three -car garage, and that the problem is that because of the rock break (he showed a drawing to the Board of the location of the rock break), all of the available space had to be used for the septic system and there was no other way to shift the location of the house. 2 Chairman Sempeles asked if they had planned for the three -car garage when they put the footers in, and what did the County say about that. Mr. Place replied that they could not get a building permit because of the setbacks and were advised to apply for a variance. Discussion followed on who is building the house, could a boundary line adjustment be done, at what point were the footers put in, could the house be moved to the left, and who owned the adjacent lots (lots 5 and 7). Mr. Ruddy stated that the issue should be about whether or not the garage should be detached or attached, rather than the location of the house. Mr. Ewing brought up the fact that an additional concern was that there is a power line running through the property. Mr. Place presented a site plan of the house and the garage. Mr. Ewing presented a brochure from the builders, Foremost Homes, which showed what the house and garage would look like when completed. Further discussion followed on how far the garage would be from the septic field, the location of the driveway, and the possibility of building a two -car garage instead. Mr. Larrick suggested an 18'9" variance instead of the requested 19'. This was in the interest of not wanting to set a precedence. Mr. Larrick felt that as the hardship of the rock break was unique to this property, a variance would be appropriate. The applicants agreed that the amended footage would be acceptable. There were no other questions from the Board, and no one was present to speak against the variance request. Upon a motion made by Mr. Larrick to approve the granting of an 18', 9" variance rather than the 19 feet originally requested, and seconded by Mr. Nichols, Variance #020-96 was unanimously approved. BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby approve Variance Application #020-96 of Chuck and Jane Ewing as amended for a 18' 9" side yard variance to build a three - car garage. ADJOURNMENT There being no further business, the meeting was adjourned at 11:15 a.m. Respectfully submitted, Manuel G. Sempeles, Chairman Carol I. Cameron, Secretary BZA REVIEW DATE: 12/17/96 VARIANCE #021-96 DANIEL E. BECKWITH, JR. LOCATION: The property is located at 709 Dick's Hollow Road. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 41-A-46 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 5' side yard variance for an attached one-story kitchen REASON FOR VARIANCE: The applicant states that the property is too narrow to meet the 50' side setback rules, that the location of the addition is only suitable if built in the planned location, and that the lot was bought under the old setback rules. STAFF COMMENTS: Within the RA (Rural Areas) zoning district, the minimum side yard setback for a principal structure, when adjoining Rural Area land used for residential purposes, is 50'. The applicants are proposing to build a 14' wide addition to the principle structure. This would require a 5' side yard variance which would place the principle structure 45' from the adjoining property line. In this case, a clearly demonstrated hardship approaching confiscation of the property does not exist. Strict application of the zoning ordinance does 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 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 W i VARIANCE #421-96 PIN:. 41-A-46 Daniel E. Beckwith, Jr. page 1 of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA MUST HE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner kle other . (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: J%n, *e, Ji• NAME: ADDRESS (�{ /,A,Z/! `S �IG4/Q4ADDRESS 9A W;I)eh es )u- 14, 224,c3 TELEPHONE:— 97 7 - /-/W 11 TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): �n x'1,1 /r s i e 1 4 K/S%7/ C%'1 Ce'.3 19,z/ ­C t -)/t 1 M le- h a sre r, AA 74 /);L- 'y 4. The property has a road frontage of 7 33 feet and a depth of .2 G feet and consists of L+. g acres. (please be exact) 3. The property is owned by �Gn,c/ _ /�'ai kr l / .CS -ec"e al i' 7fA as evidenced by deed from �11.� F/�,� �`, k«5 recorded ��5- (p evious Wner) in deed book no. ,J J on page I 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: (---7 Ai/u ei; aQ e—Q 7. 14 -Digit Property Identification No.: q- I — A - 8. The existing zoning of the property is : tc �4LQ 9. The existing use of the property is: k'e S;'c%�, fig l AL✓� //,'� cY 10. Adjoining Property: USE ZONING North /'f.S ,'Glyn J , C r East &eS ic T South West ceS 1, c 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.") �~(,=,��e- % -- - ..Sias ,C��"lchen 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�if 1 ��z- �,'U� �� ����, �l,-01'2 U17 OL L 13. Additional comments,if any /cert GAS_ .�t�v�t� /= ezzW ,- ,A ��� Se T &;,,L ,i' 1eJ 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 - di it DKORerty identification number NAME 110 P< �1 �(�-R.i•Z Address 71-2 OJC6 k�DVo �J )0, Property ID# % d r' U&ichijUn. '' //yy �. `. �. PP 11�"�� ,w ll �' r�"�J��� a�CoQ Address q4�� IVJ' Mi�t�Ci t�U . �1 nt �z.r 2 Dir Alt Cto a Property ID# Ticm&6 J . C halu Wr Brackloct N}R.Q,rs4 Address 10q W Property ID#� Address—_ ddress PO &TIL 1 Property ID# Jil'`]o- Address 41 Property ID# 416 -Address -Property ID# Address -Property ID# Address -Property ID# Address Property ID# Address Property ID# Address ?roperty ID#---� Lt6ch Vo I 0 yqA h VG . amp r PC 01 A! 5 -("1 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. Adioininq Prooenz YOUR PROPERTY AdOrinq Prooert v ` � a s' d iAddt�i � tion j 4 Pmperfy Line i --------------______..__Center of Rood — — ----- Road ow THESE MEASUREMENTS 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. SIGNATURE OF APPLICANT 'S ATE SIGNATURE OF OWNER (if other than applicant) -OFFICE USE ONLY- DATE BZA PUBLIC HEARING OF ACTION: -- DATE - APPROVAL I i DENIAL SIGNED: BZA CHAIRMAN DATE: NoUs 5 l oC--a•-C,.0t4 -me, %-A%�4v or -VALLSY 00MtroAC-15 ,oNIO ItAVGSTtArorrT CoKFCr-' •-cloth �Le��-F� lGt� GpU t�l'C Y N/ IBraddock PTH DB 728 PC 148 N/F Chorler Tre. WB 74 Pg.BB3 9 v1 "o0'00 6 po _QQ t sn F q Iry'gir 704 -- Q 5`�, t' PO tcc.;i i 00 04 P a+ o N/F C 1 eve 1 and D8 813 Pg. 352 0 z 9 v1 "o0'00 6 po r r 13 0.0a :1.8 7 ti i 4o.3 �Q 8� T 3 � N Q� 0 •r`' 1 C 5`76 �- U IV>PRC�It�E. �. 3'¢ 1324040 40' W No. 18 '9 ,r. Deed Ref. DB 495 Po.721 This lot to located in HL13 flood zone 'C.' area of minimal flooding. This is to certifyy t+wmL on Maq 10. 1996 I made an accurate eurvsy of the premtsws spawn here and that there are no easements or encroachments viribla =char than those shown hers. SCOTT SURVEYS DATE: MAY lo, (Ct�-. SCALE: ("=50' STEPHENS CITY, VIRGINIA 22655 33,?t8,1� t sn F q Iry'gir 704 -- Q 5`�, t' PO tcc.;i i 00 04 P r r 13 0.0a :1.8 7 ti i 4o.3 �Q 8� T 3 � N Q� 0 •r`' 1 C 5`76 �- U IV>PRC�It�E. �. 3'¢ 1324040 40' W No. 18 '9 ,r. Deed Ref. DB 495 Po.721 This lot to located in HL13 flood zone 'C.' area of minimal flooding. This is to certifyy t+wmL on Maq 10. 1996 I made an accurate eurvsy of the premtsws spawn here and that there are no easements or encroachments viribla =char than those shown hers. SCOTT SURVEYS DATE: MAY lo, (Ct�-. SCALE: ("=50' STEPHENS CITY, VIRGINIA 22655