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BZA 07-16-96 Meeting Agenda4_. AGENDA FREDERICK COUNTY BOARD OF ZONING APPEALS The Old Frederick County Courthouse Winchester, Virginia July 16, 1996 3:25 p.m. CALL TO ORDER 1) Meeting Minutes of June 18, 1996. 3:30 p.m. PUBLIC HEARINGS 2) Variance Application #009-96 of Eddie R. Roberts, Sr. for a 10' 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 #010-96 of Davenport Insulation for an 8' front yard setback variance to build an addition to the 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. 4) Variance Application #011-96 of Darian H. Anderson fora 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. 5) Other MEETING MINUTES OF THE FREDERICK COUNTY BOARD OF ZONING APPEALS Held in the Board Room of the Old Frederick County Courthouse, 9 Court Square, Winchester, Virginia, on June 18, 1996. PRESENT: James Larrick, Jr., Vice Chairman, Gainesboro District; Harold Nichols, Opequon District; Oren Snapp, Back Creek District; Ralph Wakeman, Shawnee District ABSENT: Manuel Sempeles, Jr., Chairman, Stonewall District STAFF PRESENT: Michael Ruddy, Planner I, and Carol Gordon, Secretary CALL TO ORDER Vice Chairman Larrick called the meeting to order at 3:40 p.m. MINUTES OF MAY 21, 1996 Upon motion made by Mr. Snapp and seconded by Mr. Nichols, the minutes of May 21, 1996 were unanimously approved. PUBLIC HEARINGS (3:45 p.m.) VARIANCE APPLICATION #004-96: Verlo V. Cutshaw for a 14' side property variance for a warehouse/storage building (Allied Wood Products, Inc.) The property is located at 2546 Martinsburg Pike and is identified with Property Identification Number 44-A-50 in the Stonewall Magisterial District. ACTION - APPROVED 2 DISCUSSION This application was tabled at the May 21, 1996 meeting for the purpose of investigating whether another piece of property might be more appropriate for this request, and was continued to this meeting. Mr. Ruddy gave a brief recap of the applicant's request. Vice Chairman Larrick asked what the applicanthad done since last month's meeting. Mr. Randall Cutshaw, from Allied Wood Products, came forward and stated that Chairman Sempeles had come out and looked at the property that morning (June 18). He questioned how long a rezoning process would take if they decided to take that course. Mr. Cutshaw brought copies of a letter which was signed by adjoining property owners stating that they approved of the proposed building. Vice Chairman Larrick asked Mr. Cutshaw if he had read the staff report regarding the buffer requirements and if he had any problem with that; Mr. Cutshaw stated that he did not. He also added that the new building would add about 10 more employees. After further brief discussion about the surrounding buildings and neighbor's property, Vice Chairman Larrick asked if there was anyone else present to speak for or against the variance request. There were no other comments from the public or the board. Upon motion made by Mr. Snapp and seconded by Mr. Wakeman, Variance #004-96 was unanimously approved with the condition to provide buffer screening as set forth in the staff report. BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby approve Variance Application #004-96 of Verlo V. Cutshaw (Allied Wood Products, Inc.) for a 14' side property variance for a warehouse/storage building. VARIANCE APPLICATION #008-96 of Leonard C. Ellis, Jr. for a 47' front yard variance for self -storage units. The property is located at the intersection of Old Charlestown Road (Rt. 761) and Stephenson Road (Rt. 664) in the M1 (Industrial Light) Zoning District, and is identified with Property Identification Number's 44-A-172 and 44-A-173 in the Stonewall Magisterial District. ACTION - APPROVED DISCUSSION Mr. Ruddy presented the application and showed a copy of the site plan and pictures of the site to the Board. 3 Vice Chairman Larrick asked for anyone in favor of the application to come to the podium. Mr. Harry Benham, Winchester attorney, appeared for the applicant and stated that he had nothing further to add because they concurred with the staff report. There was a brief discussion regarding how long the buildings had been on the property and if the new building would be the same type. Vice ChairmanLarrick asked Mr. Ruddy whichpart of the code authorizingthe Board to grant variances specifically deals with existing buildings which may or may not have been built under similar zoning situations being used as a basis for granting a variance request. Mr. Ruddy replied that staff's interpretation is that the Zoning Administrator has the authority to grant reduced setback variances; however, a clear reference to the Code of Virginia was not determined. Staff felt that the recommendation for approval was the appropriate course of action in this case, as this is a legal nonconforming use. There were no other comments or discussion for or against the variance. Upon motion made by Mr. Nichols and seconded by Mr. Wakeman, Variance #008- 96 was unanimously approved. BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby approve Variance Application #008-96 of Leonard C. Ellis, Jr. for a 47' front yard variance for self - storage units. ADJOURNMENT There being no further business, the meeting was adjourned at 4:02 p.m. Respectfully submitted, Vice Chairman William Larrick, Jr. (for Manuel G. Sempeles, Chairman) Carol 1. Gordon. Sccrcmr. BZA REVIEW DATE: 7/16/96 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: 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. Location Map for PIN: 44-A-179 Variance #009-96, Eddie Roberts, Jr. 1_4Gd 4-,. if 1961, • f -a—, MUST BE TYPED OR FILLED OUT IN INR - PLEASE PRINT 1. The applicant is the owner I,/ other . (Check one) 2. APPLICANT:J) OCCUPANT: (if different) NAME: � /+E' I�1 . X-10 1 e 4:5 F^ NAME : ADDRESSaAEii7sor7Poaj ADDRESS: /ICrl50n O- _J 5 - TELEPHONE: TELEPHONE: 6 6,� % - Sa .3 Sj TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): O u .ie- �►I� orl �ninL W -e cti 0 Ws 0 'i leI- tl,�3 -z+-e_pkeh5on --Ron-d 4. The property has a road frontage of / C feet and a depth of `,� C C feet and consists of r Sn A cgo acres. (please be exact) 5. The property is owned by�ie as evidenced by deed from Wr-+ .7, recorded (previous owner in deed book no. on page a 0 of the deed books of the Cierk of the Court for Frederick County. Attach a copy of the deed. page 2 of 5 6. Magisterial District: �cl To n e, COQ 7. 14 -Digit Property Identification No.: 17 - 8. The existing zoning of the property is: A 9. The existing use of the property is: 5 1 h le- 10. Adjoining Property: USE ZONING North rtle m East South 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.") (v' T r_ / (An 4tfAehz d. Llfhf�-O' {%/-� ,Q I �I�o2 � 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 .e.l-) or), -600&. 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: 1Please list complete 14- digit ro ert identification number)�— NAME r NO: _ 666 _ . �9_: i .j, ( N 38 b0 RD NO. 664.. I MAGNETICS 1956 � SCALE : 1'` _ 40( JOHN ALLEN CERTIFIED CORRECT RICHARD U. DYKE RICHARD U. GOODE :.� Z_,, SURVEYOR 'e.-., 3 460' TO :-ROAD. w..1 .•': 1 , NO::. 888 .. . (I 1 � b o o WEBBER TO FRIES N 19;19190 SO. FT. a IL Jy `17r V 0. HOUSE Y 3 0 ,+ • 4 W 14 396' TO ROAD tI NO: _ 666 _ . �9_: i .j, ( N 38 b0 RD NO. 664.. I MAGNETICS 1956 � SCALE : 1'` _ 40( JOHN ALLEN CERTIFIED CORRECT RICHARD U. GOODE RICHARD U. GOODE CERTIFIED SURVEYOR JULY 30, 1957 The "above] lots, located, on. the. -Northeast. side of Road No. 664 (Jordan_ Springs Road) about 4 miles North of Winchester, and situate in Stonewall Magisterial District, Frederick County, Virginia'. is bounded as follows: Be inni g ng at'(1) an' -iron peg,on the Northeast side of Road No 664, said point being 396`Seet Southeast of tfi'e_-point of intersection of the North4 �` eae:yLside'; of. •Road No �6' arit :h ? $autheast side •• of Road No 666 • I and .corner to the .land of Snapp; thence,with%Snapp N-49 deg. -min. E 200.0 feet to (2) an iron 1, pap'`'a corner to Snapp in -.Dy ke's line; thence with Dyke S 38 deg. 40 min, E 100.0 feet to: (3) an iran..peg a`corner to John Allen in Dyke's line; thence with John k� , ` .-:Allen S. 49 deg r� 30'mi IVf1:200:0_. f eet . to (?F) an iron peg on the 'Northeast side of fu,: Road No: 664, thence with said road N 38 deg. 40 min. W 100.0 feet to the point of beginning, containing 19,990 -square feet -more or less. RICHARD U. GOODE .:; CertifledSurveyor, r July 30, 1957. i yr 1 VIRGINIA 308+ FREDERICK COUNTY, (BCT. Thi3 ins ;nLmenr. o :..e _ a 1 ,k0t,, ugust;.1957,, at 10:50 A,, M, and ,with ' certificate of acknowledgnent thereto annex d �; 'd ;was admitted to record. ' 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. y 4, b ElHre S e- YkeVS� F. Page 5 of S AGREEMENT VARIANCE OQ 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 b SIGNATURE OF OWNER EDA -- (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF ACTION• - DATE - CI APPROVAL I I DENIAL SIGNED: BZA CHAIRMAN DATE: BZA REVIEW DATE: 7/16/96 VARIANCE #010-96 DAVENPORT INSULATION LOCATION: The property is located at 240 Lenoir Drive in the Stonewall Industrial Park. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 43-19-10 PROPERTY ZONING & USE: Zoned M1 (Light Industrial) District; Land use - Industrial ADJOINING PROPERTY ZONING & USE: Zoned MI (Light Industrial) District; Land use - Industrial VARIANCE: An 8' front yard setback variance for an addition to the existing building REASON FOR VARIANCE: 1) 2.5 -acre site is smaller than most industrial sites and limits development; 2) location of septic tank; 3) loading and unloading site constraints. STAFF COMMENTS: The applicant is requesting an 8' front yard setback variance to construct an addition to the existing building 67' from the front property line. Within the M1 (Light Industrial) zoning district the front yard setback requirement is 75'. The applicant states three reasons why a variance is needed in this situation. None of the reasons stated prove that a hardship approaching confiscation of the property exists. The enclosed plat and photographs clarify that a hardship approaching confiscation does not exist on the property. 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 granting this variance would be inappropriate as a demonstrable hardship approaching confiscation does not exist. STAFF RECOMMENDATION: Denial Location Map for PIN: 43-19-10 Variance #010-90, Davenport Insulation page 1 of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA MUST BE TYPED OR FILLED OUT IN INR - PLEASE PRINT 1. The applicant is the owner X other . (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: Davenport Insulation NAME: Same ADDRESS 240 Lenoir Drive ADDRESS Winchester, VA 22603 TELEPHONE: 540-667-0109 TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): 240 Lenoir Drive in Stonewall Industrial Park. From Route 661 enter Stonewall Industrial Park on McGhee Road turn left on Lenoir Drive, on .riqh1= 4. The pro330 has a road frontage of 330 ± feet and a depth of _ feet and consists of acres. (please be exact) 5. The property is owned by Davenport Insulation of Winchester as evidenced by deed from l_Er�c« C -y! �IAPPtNy rF V' kE „i recorded (prdvious owner) in deed book no. 498 on page 723 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: Gainesboro 7. 14 -Digit Property Identification No.: 430000190000000000100 8. The existing zoning of the property is: M-1 9. The existing use of the property is: Industrial 10. Adjoining Property: USE ZONING North East South West Industrial Industrial Industrial Industrial M-1 M-1 M-1 M-1 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.") An 8' front yard variance for an addition to the existing building. 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. 2.5 acre site is smaller than most industrial sites and limits development. 2. Location of septic tank. 3. Lngding and unloading site constraints. 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 complete 14 - digit Property identification number) NAME Lourain H. Lipscomb c/o Lipscomb Rent Everett G. Emerson Mildred R. Neubauer c/o Richard J. Peki Roundball Associates Industrial Development c/o Z&M Sheet Metal i l 1 Address 225 Lenoir Drive, Winchester, VA 22603 Property ID# 430000190000000000050 Address 1437 Williams Drive, Winchester, VA 22601 Property ID# 430000190000000000080 Address 4355 Pescadero Street, San Diego, CA 92107 Property ID# 430000190000000000110 Address I 217 S. Washington Street, Winchester, VA 2263 Property ID# 43000190000000000110 & 150 kddress- 4215 52 Wa ney Road, Chant =y, Property ID# kddress Property ID# kddress Property ID# I kddress Property ID# kddress Property ID address ?roperty ID �ddres property ID# Page 5 of 5 AGREEMENT VARIANCE # CIC- 9(� 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 SIGNATURE OF OWNER (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF APPROVAL DDENIAL - DATE - SIGNED: DATE: DATE C"zo-!J(� DATE ACTION: BZA CHAIRMAN , MA'( -071 '92 09:431 MCI .= BU? L -P 3 H E ET I :mi. 495 �.rf 136 1j4 LENOIR CITY COMPANY OF VIRGINIA LOT SECTION 2 STONE'NAL!- 01STRtCT FRE ERICK COUNTY, VA. I"= fool 2.5 A�RES APRIL 20 1978 Pegg �O 0 APPROVED BYt FREDERICK COL•%": Y Hoard Of su-pe:visoxa l rt..11• /lif'c Planning Commission l�J {recG,rtaQndazd) �/ !�,^. OATPI/i/�7 J � I Subd:viaion Administrator .--DATE VT3GItiIA Dept. of t: 'ig..W a ys „ ,� i'/. • �- DATE 161": ,1R3 SAFJZVTO GP9ROVAL O4 +1T,,Z- .11 IvDIPIDUAL LOT PASS Ali TO T:'r Lr•�." �n• n, Tii � 1 SUPPLY :JA ;"'F _::ST?Ii...a;: O^ ?_. S:ST� Ylillia.^i H. Y.6Ltzi91C. kf/�. Lord FairfAz ftealtt. U1Str1 THIS DIVISION - AS APPEARS ON THIS FLAT IS WITH �yt.LT11 0,c, MHZ FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THr- OWNER OR AGENT. LEE A. EEIR L�Nrlit,Jc/7 M►i1,.y�r', V tX.Yli, .•fit. .� y 4r�-cam. I CERTIFY THAT TIM LAND IN THIS DIVISION 15 A PORT70N OF LAND CONVOYED TO LENOIR Cy.TY MIFANY ` •r "��,P'/ j OF VIRGINIA BY DEED DATED 1 77UNUA&Y 1966 :N DEED DEED BOOK 344 I PAGE 235. p•,c.r / S: , s t i 5 P. 8 MRY 07 '92 09: X14 MC! -'E- _. 3UTL-r�' 137 �£T F a MV 490 ?ia 137 •" . <51"t T't N W0TN£R ins LAND irl J 1— ab A N PIN 5 49` 30'32'W 10c 0 m PIN —� 3 30.00' AC. J O �`Ybl N. N l660` f~ Qa ri Q3 nn 0 �� a1 cl !t W N ' r' C) f :� :� �'7 N = s' S ,/ �� Z z � z Z Ttla o O N 4 9.3 .3.11 00f wON IpoN PIN t�nuaai L E N OI R D R. wN � a�r. asv. , FRONTAGE SrEE i' 3 495 =xc: t38 The AccOMPanying P:,at is a Survey of a Polio: OZ the Land conveyed to Lanoir City Cotapary of Virginia by Deed dated 2 January 1968 in Deed Book 344 Page 235, The said Portion fronts tha North- western Boundary Linen of rrontago Road I1 - Lenoir Drive (Tbe said Road E�ctende Nastvardly and 5outhwostwardly from Route 661), and Zion in Stonevall District, Frederick county, virginiai beginning at an iron pin (found) i6 the .larthv%stern Boundary Line of Lenoir Drivo, a corner to the Z & M Associates Land, which point is located by meaouring X 490 30. 32" E - 187.69 ft., N 440 361 E - 351.28 ft., N 550 13- 11" S - 301.50 ft. and N 490 301 32" S !)..5 ft. along the Northvestern Boundary Linea from an iron pin in th.: c.&n er Line of the Stream, a corner to the Grimm conveyance (Dead Book 419 Page 622). running with the Northwestern Boundary Line N 490 30. 32- E - 330.0o ft. to Ar. iron pin Corner to the Ro- tained Portion= thence with the tMo follaving Lines of the said Other Land N 400 29- 28- N - 330.00 ft. to an iron pint thence S 490 30- 32" W - 330.00 ft, to an iron pin in the Northeastern Lino of the said 2 b M Land= thence with the said Line 3 400 29. 28- E ,,- 3330.00 ft. W the beginning. +r�AL7ff �f_ Containing - - 2.50 Auras. In LEE H. F? S surveyed - - - Aprii 20, _978. u ? A VIRG-N-U rRzD?':CX CC[I ITY, SCT. y,� ` , This iast:4mE,r wri::ng was produced to ms oaCso `,nu 19 7 atm' and wiih cert:fi•.aa, cw` ac: 1aw1adgxeat tkerato as zo :al .i us ,,�;�itlaCl tJ .__J1Gt. •i .a:C :1;J;4:jd• of SJC. 7j-.3.1 • >`�� and 51-34 have bona paid, if a .30 s_blcj. s 0 —IRON PIN (FOUND) �-� -FENCE H.U.D. FLOOD ZONE C: AREA OF MINIMAI. FLOODING D.B. 608 - P. 144 V O S 49' 30' 32" W - 330.00' 2.500 A CRSS 9 FUTVICE �'� Inln � t•IouSt t I GATE �'71CJ STER b1 I -STORY MF IAL v, ' w N BUILDING z 2 R u Z O Y p 0 0 0 1�1 M m N OI N J N I N Q N cr e PJWER N NO. 1525 GATE -WELL a SPHat_ T Ili GRASS 0 r 83.3' N 49. 30' 32" E - 330.0 Q CC LPT BEG z `1 mw wa a v m ,Q — wwa Z> j a .e co O w -5 1 ir C m f] �x VA. ROUTE F - 732 THIS IS 70 CERTIFY THAT ON SEPTEMBER 10, LENOIR DRIVE 1990, 1 MAUF AN ACCURATE SURVEY OF THE PREMISES SHOWN HEREON AND THAT THERE ARE NO EASEMENTS OR ENCROACHMENTS VISIBLE ON THE GROUND OTHER TPAN THOSE SHOWN HEREON. TITLE REPORT NOT FURNISHED. . (. DA VENPOR T INSUL A TION, INC. ' STONEWALL INDUSTRIAL PARK STONEWALL DISTRICT FREDERICK COUNTY VIRGINIA 0 O O M M 1 m INTI N co or F - Q in 0 m N cn m It O Q V m to w O N FUTVICE �'� Inln � t•IouSt t I GATE �'71CJ STER b1 I -STORY MF IAL v, ' w N BUILDING z 2 R u Z O Y p 0 0 0 1�1 M m N OI N J N I N Q N cr e PJWER N NO. 1525 GATE -WELL a SPHat_ T Ili GRASS 0 r 83.3' N 49. 30' 32" E - 330.0 Q CC LPT BEG z `1 mw wa a v m ,Q — wwa Z> j a .e co O w -5 1 ir C m f] �x VA. ROUTE F - 732 THIS IS 70 CERTIFY THAT ON SEPTEMBER 10, LENOIR DRIVE 1990, 1 MAUF AN ACCURATE SURVEY OF THE PREMISES SHOWN HEREON AND THAT THERE ARE NO EASEMENTS OR ENCROACHMENTS VISIBLE ON THE GROUND OTHER TPAN THOSE SHOWN HEREON. TITLE REPORT NOT FURNISHED. . (. DA VENPOR T INSUL A TION, INC. ' STONEWALL INDUSTRIAL PARK STONEWALL DISTRICT FREDERICK COUNTY VIRGINIA The acrumpanyina Flat re -presents a Boundary Survey of. the Land conveyed to Davenport Insulation, Inc, by Deed dated 27 c•,_t.wmbfi 1979 in DeFad Book 496, Page 723. The said Land fronts 11v: Northwestern. boundary Line of Lenoir Drive, Va. Route at -d ll_.. cn 'touewall Distrir_t, Frederick County, Virginia: Beginning at an iron pin (found) in the Northwestern Line of Lenoir Drive, a corner to the Z 6 M Associates Land; thence with the said Line, N 49 30' .32" E - 330.00 ft. to an iron pin (found), a coiner to the Neubauer Land; thence with the two following Lines of the said Land, N 40' 29' 28" W - 330.00 ft. to an iron pin (found); thence S 49' 30' 32" W - 330.00 ft. to •111 iron pin (found) in the Northeastern Line of the said Z 6 M Associates Land; thence with the said Line, S 40' 29' 28" E - 330.00 tt. to the beginning. Containing: 2.500 Aires ,NLTII O.l, Surveyed: 10 September 1990 3 L�A�LiL�EN EBERT 4 (LICENSE) No. 1498 • ~�Y03VR�1�Y� BZA REVIEW DATE: 7/16/96 VARIANCE #011-96 DARIAN H. ANDERSON LOCATION: The property is located at 104 Cedar Grove Road (Rt. 654), about five miles northwest of Winchester. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 42-A-302 PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Vacant ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Residential VARIANCE: A 28' side yard setback variance on each side to construct a house REASON FOR VARIANCE: Exceptional narrowness, size and shape of property STAFF COMMENTS: The applicants are requesting a 28' side yard setback variance on each side yard to construct a house. Within the RA (Rural Areas) zoning district, the side yard setback requirement for this lot is 50'. As the lot is only 70' in width, current side yard requirements make the lot unusable for residential purposes. Staff believes that the exceptional narrowness of this piece of property effectively prohibits the utilization of the property for residential purposes. The Code of Virginia, Sections 15.1-495, 2, a., b. and c. state 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, that such hardship is not shared generally by other properties in the vicinity. and that the authorization of such variance will not be of substantial detriment to adjacent property. Darian Anderson Variance #011-96 Page 2 July 3, 1996 Staff believes granting this variance would be appropriate as a demonstrable hardship approaching confiscation does exist in this case. Also, other properties in the vicinity do not share the hardship. The granting of this variance would not have a detrimental impact on adjacent properties and would not change the character of the district. STAFF RECOMMENDATION: Approval Black & White location map/no color zoning in view Location Map for Variance #011-96, Darian ndertion 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:_" ( 'r-� 14 A (—an NAME: ADDRESS kC, l �f r l,!(rL t I ADDRESS: VN a >3 TELEPHONE ^ -J� - � TEL 3. The property is located at (give exact directions and include State Route numbers): 4. The ro erty has'a road frontage of a 3. feet and a depth of 3a -5 feet and consists of 0.5 acres. (please be exact) 5. The property is owned by as evidenced by deed from r -` J, ,- recorded (�. (Previous owner) in deed book no. on page (� , ;ag~ they deed books of the Clerk of the Court for Frederick County.'Attach a copy of the deed. j . page 2 of 5 6. Magisterial District: " IJ - 7_ 14 -Digit property T_dentification No.: 01 A, i- v 8. The existing zoning of the property is: ,�, 1< L -k ray. -1 9. The existing use of the property is: U(�, 10. Adjoining Property: USE ZONING North c Q- A East 0111 South c : �t,S : ,s x.,._..— r- A West `n1 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.") 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 G\. G 2 e ,c V -KJ 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 complete 14 - digit Property identification number NAME &bicq R . vindcr -Ecn t{"Li Cacic'r (L{eoci-a. wIn 6 ,( V 6 aX4'�\, 3 r %cxn ti. ►pLl QSCIar-cOMOL ty ID# ! n -Th eaclo,rQ_ i 3ci (!kdc,r Ccrz ;(c.td � 1`j - � ` CY?3 :y a ID# 13 q C zdLr C, (UJe-2d :y VA a�ito`� YL;Crh �i'�cCiQv'�Ck �1V -Addre Prope Addre Prope Addre Prope Nddre ?rope: Addres "roper Addres Proper Addres Proper Addres -Proper- -Addres; -Propert •Addres: •Propert AddresE Propert s ty s ID# ty ID# ty ID# � 1`j - � ` CY?3 :y a ID# :y ID# s :y ID# y ID# 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. Adiaininq Prooerty YOUR PROPERTY Adjoirfinq Property v � � �C r _ tAddi, T t d o tion 1 $ 0 Pb em Line i J ----------------------=Center of Rood ------- Road -SHOW THESE MEASUREMENTS � , r ' . � r ,..ti � .,�/ r. -j- .- in ; `� ?- .{ �` � ' • _ �•?•..Y � ^, k a+� t � �, A ., f� �� r--) _ _ � � f��.. _,L�t.� f'� ,� , .. � �.:� H Page 5 of 5 AGREEMENT VARIANCE # I - 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;, ,r11%/DATE -� y SIGNATURE OF OWNER (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF - DATE - APPROVAL DDENIAL SIGNED: DATE: DATE ACTION: BZA CHAIRMAN