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BZA 06-18-96 Meeting Agenda`�. `.; ess qp d.• G AGENDA FREDERICK COUNTY BOARD OF ZONING APPEALS The Old Frederick County Courthouse Winchester, Virginia Y June 18, 1996 3:25 p.m. CALL TO ORDER 1) Meeting Minutes of May 21, 1996. 3:30 p.m. PUBLIC HEARINGS 2) VARIANCE APPLICATION #004-96 (continued from May 21, 1996 meeting): Verlo V. Cutshaw is requesting a 14' side yard setback variance for a warehouse/storage building (Allied Wood Products, Inc.). The property is located at 2546 Martinsburg Pike in the MI (Light Industrial) Zoning District, and is identified with Property Identification Number 44-A-50 in the Stonewall Magisterial District. 3) VARIANCE APPLICATION #008-96: Leonard C. Ellis, Jr. is requesting 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 MI (Industrial Light) Zoning District, and is identified with Property Identification Number's 44-A-172 and 44-A-173 in the Stonewall Magisterial District. 4) 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 May 21, 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: Michael Ruddy, Planner I; and Carol Gordon, Secretary. CALL TO ORDER Chairman Sempeles called the meeting to order at 3:25 p.m. MINUTES OF APRIL 16, 1996 Upon motion made by Mr. Nichols and seconded by Mr. Snapp, the minutes of April 16, 1996 were unanimously approved. PUBLIC HEARINGS (3:35 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 identiFed with Property Identification Number 44-A-50 in the Stonewall Magisterial District. ACTION - TABLED 2 DISCUSSION Mr. Ruddy presented the application and passed photographs of the applicant's property to Board members. He stated that as a clearly demonstrable hardship approaching confiscation of the property does not exist, staff's recommendation is for denial. However, if the Board approves the variance request, it is recommended that the applicant provide screening from the adjoining property owners. Chairman Sempeles called for all those in favor of the application to come forward to speak. Mr. Randall Cutshaw, from Allied Wood Products, described the conditions of the property and why they were seeking a variance. He also stated that there were no objections from the neighbor on the side adjacent to the proposed building. Discussion followed regarding plans for the business 10 years from now, whether Mr. Cutshaw could use part of his family's land for the new building, questions on the roads, right-of- ways, who owns lots 41 and 54, how much would a stockade fence cost (for screening), questions on the business's recent land acquisition, how many employees there were, etc. Chairman Sempeles asked if there was anyone present opposed to the variance request; there was not. He asked Mr. Cutshaw if the variance was approved, how soon could the fence and trees be put up. Mr. Cutshaw replied the screening could be put in right after the new building was completed. Further discussion ensued regarding whether a site plan would be required, placement of fire hydrant(s), whether the building could be constructed on lots 41 or 54, electrical service installed by Potomac Edison, and if there was any chance of rezoning the Ml zoned lots. Mr. Cutshaw stated that the placement of the building would not disturb the current topographic conditions. Mr. Ruddy asked Mr. Cutshaw if there was a sawmill on lot 54 and stated that it was a permitted use. He added that there was a possibility for a storage building on that site in relation to the sawmill. Chairman Sempeles asked Mr. Cutshaw if a month would delay his plans, as he felt that the Board needed to investigate the possiblity of rezoning. Mr. Cutshaw replied that it depended on how quickly they could get their site plan approved and that he wanted to get the building constructed during the peak building season. He added that putting the storage building on lot 54 would not be very feasible as it was too far away from the manufacturing site. Chairman Sempeles called for a motion on the request. 3 Upon motion made by Mr. Nichols and seconded by Mr. Larrick, action on Variance #004-96 was tabled to the June 18, 1996 meeting. VOTE: All yeas. VARIANCE APPLICATION #005-96 of Richard Scott and Dawn Krueger for a 15' rear yard setback variance to build a 12' addition. The property is located at 112 Southdown Circle in the Albin Village Subdivision and identified with Property Identification Number 75F-2-58 in the Opequon Magisterial District. ACTION - APPROVED Mr. Ruddy gave the background information and staff comments. He passed around photographs of the property. He stated that staff recommended denial. Chairman Sempeles called Mr. Richard Scott to the podium. Mr. Scott explained his reasons for requesting the variance and how the 100 -foot setback prevents him from making any home improvements. Discussion followed on whether this addition was to enhance Mr. Scott's home, whether other property owners were "grandfathered," and if the new structure would blend in with the current structure. Mr. Scott asked the Board how 100 feet can be granted as a setback? Mr. Ruddy answered that buffers are part of the Master Development Plan. Further questioning followed on fencing between the properties and whether other properties in the subdivision shared the same conditions. Mr. Ruddy reminded the Board that the Code is very clear regarding conditions not shared generally by other properties in the same vicinity. Chairman Sempeles called for anyone opposed to the variance to come forward; there was no opposition represented. Mr. Wakeman moved for approval. This motion was seconded by Mr. Snapp and the variance was approved by the following majority vote: FA YES (IN SUPPORT OF THE MOTION): Mr. Wakeman, Mr. Snapp; Mr. Sempeles; NO (AGAINST THE MOTIONJ: Mr. Larrick; Mr. Nichols. BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby approve Variance Application #005-96 of Richard Scott and Dawn Krueger for a 15' rear yard setback variance to build a 12' addition. - - Variance Application #006-96 of G. W. Clifford & Associates, Inc. for a 7' 6" sign setback variance for an existing Holiday Inn Express entrance sign, and a sign size variance of 89.5 square feet. DISCUSSION: Mr. Ruddy presented the application and photographs of the existing entrance sign at the Holiday Inn site. He explained the violations regarding the sign and that staff recommends denial of both variance requests. Chairman Sempeles called for those in favor of the variance to come to the podium. Mr. Steve Gyurisin, of Gilbert W. Clifford and Associates, stepped forward. He asked the board for approval of the sign and size variances, and spoke in depth regarding the slope of the terrain, width of right-of-way, stormwater management and drop of site. He explained that the applicant believed that he was meeting the "intent" of the zoning ordinance, and brought a copy of the approved site plan and business sign permit. He passed photos of the existing sign to the board and asked for a determination of the sign as a "free-standing business sign" as opposed to "entrance sign;" and for approval of distance buffers as proposed. Discussion followed on the approval of the site plan and the sign permit which was signed 11/21/95. Other issues addressed were whether skirting is part of the sign or the pole, what the actual interpretation of "entrance sign" is, and whether a mistake was made by staff when the sign permit was approved. Mr. Steve Parrish, of Holiday Inn, spoke regarding the size and types of signs used by Holiday Inn. He stated that the skirting is used to cover the pole and is not to be interpreted as part of the sign itself. 5 Mr. Walter Aikens, owner of Holiday Inn, stated that the sign was built closer than acutally permitted because of the hardships presented by the storm pond, the drop inlet and the high bank. He stated that the real issue is the definition of the types of signs and the interpretation. Further deliberation on zoning codes, sign definitions, sign permit approval, intent of the code, placement of the sign, etc. followed. Chairman Semples called fora motion on the variance requests. Mr. Nichols moved for denial. This motion was seconded by Mr. Larrick and the variances were denied by the following majority vote: YES IN SUPPORT OF THE MOTION): Mr. Larrick, Mr. Nichols; Mr. Sempeles; Mr. Nichols; NO (AGAINST THE MOTION: Mr. Snapp. After the secretary asked for a clarification of the votes, discussion on the understanding of the motion followed. Chairman Sempeles asked the applicants to return to the courtroom and reconvened the hearing. A new motion was made by Mr. Nichols to deny both variances. The motion was seconded by Mr. Larrick. The motion to deny both variance requests failed by the following majority vote: YES (IN SUPPORT OF THE MOTION): Mr. Nichols; Mr. Larrick; NO -(AGAINST THE MOTION,: Mr. Snapp; Mr. Wakeman; Mr. Sempeles. Mr. Wakeman moved to approve the variance requests. The motion was seconded by Mr. Snapp and variance was approved by the following majority vote: YES (IN SUPPORT OF THE MOTION: Mr. Wakeman, Mr. Snapp; Mr. Sempeles; NO (AGAINST THE MOTION): Mr. Larrick; Mr. Nichols. BE IT RESOLVED, that the FrederickCounty Board of Zoning Appeals does hereby approve Variance Application #006-96 of G. W. Clifford & Associates, Inc. for a 7' 6" sign setback variance for an existing Holiday Inn Express entrance sign, and a sign size variance of 89.5 square feet. 6 ADJOURNMENT There being no further business, the meeting was adjourned at 5:15 p.m. Respectfully submitted, Manuel G. Sempeles, Chairman Carol I. Gordon, Secretary File: A.\MINU"rES',MAY21.13ZA BZA REVIEW DATE: 5/21/96 & 6/18/96 VARIANCE #004-96 "vERLO V. CUTSHAW LOCATION: The property is located at 2546 Martinsburg Pike, about four miles north of Winchester on the east side of Martinsburg Turnpike. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 44-A-50 PROPERTY ZONING & USE: Zoned M 1 (Industrial Light) District; Land use - Manufacturing ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Residential VARIANCE: A 14' side yard setback variance for a warehouse/storage building REASON FOR VARIANCE: An existing service road, fire hydrant and overhead dust collection pipe restricts the size and location of the structure in which the applicant proposes to build. STAFF COMMENTS: This application was tabled at the previous meeting. In review, the applicants are requesting a 14 - foot side yard variance to construct a warehouse/storage building. A 25 -foot side yard setback is required within the M 1 (Light Industrial) zoning district. This variance would allow them to locate the building 11 feet from the property line. Current conditions on the piece of property limit the space in which a building could be located. These conditions include existing buildings, a paved access road, parking areas, and an overhead dust collection pipe that traverses the property. The proposed location of the building may be the only practical place to build the structure. However, staff believes that these conditions do not unreasonably prohibit the use of the property and a clearly demonstrable hardship approaching confiscation does not exist. According to the Code of Virginia, Section 15.1-495. 2., no variance Verlo V. Cutshaw Page 2 can be authorized by the Board unless the strict application of the zoning ordinance would produce an undue hardship. The inability to put the property to its most profitable use does not constitute undue hardship. The applicants stated in their application that they would provide screening against the adjoining residential property in the form of a six-foot high wooden stockade fence and pine trees every eight feet on center between the fence and the adjoining property line. This would reduce the impact of the building on the adjacent property. Should the Board grant this variance, it would be appropriate to include this voluntary screening as a condition of the variance. At the previous Board of Zoning Appeals meeting, this variance application was tabled to research the possibility of locating the building on an adjoining property or rezoning the adjoining property. The owner has stated that these options would be unfeasible at the current time_ The Board of Zoning Appeals should consider only the property on which the building is proposed to be located. STAFF RECOMMENDATION: Asa clearly demonstrable hardship approaching confiscation of the property does not exist, staff s recommendation is for denial. BZA #604-96 PIN: 44-1 Verlo V. Cutshaw ii li s; aj�; i page 1 of 5 APPLICATION FOR IN THE COUNTY OF FREDERICK MUST $E TYPED „OR FILLED OMT IN INR - PLEASE _PRINT 1. The applicant is the owner X other . (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME:, Verlo V. Cu haw NAME: Allied Wood Prgdi�cts.inc, ADDRESS 1984 Martinsburg Pike ADDRESS: p.0, Box 2337 Winchester VA 22603 W' VA 2 6 QA TELEPHONE: 540-662-8310 TELEPHONE: 540-662-7426 3. The property is located at (give exact directions and include State Route numbers): In Stonewall Magisterial DistrictFrederick County, VA About 4 miles north of Winchester on the east side of Martinsburg Turnpike. (.Q3q` MaAns Tike) 4. The property has a road frontage of • 191.68 feet and a depth of Soh r,i feet and consists of 3.5$ acres. (please be exact) 5. The property is owned by as evidenced by deed fromganDpr recorded (previous owner) in deed book no, _307/797 on page 685/1084 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: Stonewall I A —D ' ' 4- 7l.-..... .....4-.. T,J ..... �. a J. »_ A Annnn,. nnnr`. r. ii igi� rroper .Y A.%en-t- llcation ivu.: 't`IUVUVt1UUVV�UU The existing zoning of the property is: M1 9. The existing use of the property is: Manufacturing 10. Adjoining Property: USE ZONING North Residential RA East vacant. Lot RA South RaGidpntial RA West Rpsi dent l al RA 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.") A 14' side property line variance for a warehouse/storage 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 An existing service road, fire hydrant, and overhead dust collection pipe restricts the size structure in which we propose to build. 13. Additional comments, if any The variance we are applying for is the only practical place to build proposed structure. We will put in place a buffer screen against adjoining property consisting of a 6' tall wood stockade type fence and pine trees every 8' on center between fence and adjoining property line to present a pleasing appearance. 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 P.O. Box 35 Dorothy Bolyard Property ID# 44000OA000050A,. _ Stephenson,VA 22656 Winchester Pentecostal Holiness Church Cutshaw Verlo Cutshaw Enterprises LC Cutshaw Verlo & Aileen C/o Verlo Cutshaw Property ID# 1984 Martinsburg Pike Winchester, VA 22603 1984 Martinsburg Pike -Property ID# Winchester, VA 22603 Address 1984 Martinsburg Pike Property ID# Winchester, VA 22603 Address 1984 Martinsburg Pike Property ID# Winchester, VA 22603 Address operty ID 44000OA0000510 X 2489-3 Martinsburg Pike Easy Living Assoc. Property ID# 44F ­ Stephenson,VA 22656 Address O'Connell, Antonia E. 2537 Martinsburg Pike Property ID# 44B Stephenson,VA 22656 Address C/O Ann Ballard P.O. Box 324 Ann H. Simmons Property ID# Stephenson,VA 22656 Address 2547 Martinsburg Pike Sirbaugh,William A. Property ID# 44B1 Stephenson,VA 22656 Address 2518 Martinsburg Pike Shanholtzer, Arnold J. Property ID# 4 ` Stephenson,VA 22656 Address P.O. Box 35 Dorothy Bolyard Property ID# 44000OA000050A,. _ Stephenson,VA 22656 Winchester Pentecostal Holiness Church Cutshaw Verlo Cutshaw Enterprises LC Cutshaw Verlo & Aileen C/o Verlo Cutshaw Property ID# 1984 Martinsburg Pike Winchester, VA 22603 1984 Martinsburg Pike -Property ID# Winchester, VA 22603 Address 1984 Martinsburg Pike Property ID# Winchester, VA 22603 Address 1984 Martinsburg Pike Property ID# Winchester, VA 22603 Address operty ID 44000OA0000510 X "b • v L i 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. Adjoining Prover YOUR PROPERTY inin Prooert ,o v I' tion � RO err in _-—-------————— _—————- Canrar of Rood ------- Road OW THESE MEASUREMENTS ** Drawing Attached Page 5 of 5 AGREEMENT VARIANCE O 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 / C'Jlt('ZA�ATE9—� 7 - 16 SIGNATURE OF OWNER dJ U ATEa - Z_ f .. l �C (if other than applicant)b ' -OFFICE USE ONLY- BZA PUBLIC HEARING OF�rGc. GC / ACTION: - DATE - APPROVAL - DENIAL SIGNED: ./ BZA CHAIRMAN DATE: DveR ���� Tl� Zug ptpc OD' ,i t1� iQRD cN � DoGY, LOVE PrOLI 106 11H IIt f " J P'lkK G As. tw Stenson, VA BZA REVIEW DATE: 6/18/96 VARIANCE #008-96 LEONARD C. ELLIS, j—R. LOCATION: The property is located at the intersection of Stephenson Road (Rt. 664) and Old Charles Town Road (Rt. 761). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER'S: 44-A-172 and 44-A-173 PROPERTYZONIN & USE: Zoned M1 (Light Industrial) District; Land Use- Self -Service Storage Facility ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Residential VARIANCE: A 47' front yard setback variance for self-service storage units REASON FOR VARIANCE: The shape of the property restricts configuration of units. STAFF COMMENTS: Within the M1 (Light Industrial) zoning district, the front setback requirement is 75 feet. The applicant is proposing to build three self-service storage units 28 feet from the property line. To do so would require a 47 -foot variance. This variance would place the units at the same setback as existing self-service storage units on the property and provide the applicant with space to build the self-service storage units. As existing buildings on the property have a front setback of 28 feet, staff believes it would be appropriate to grant a variance allowing the proposed units to be located at the established setback. STAFF RECOMMENDATION: Approval. 7796A 100 / 836 war�a AO 4 00 75A 966 96 � rsc v CS X 85 See 88 103 � e / v �_ ss 1039 ge 101 RAILRn, ae 75 2 Pls 95 o� �/ ryw 105 �0 Z ple. yOt 89A •/ / 115 ooa Y 109 fo8 s 95 % e 114 108 ' 09 J� �� sSA rye e��a'e a6 gOea _ __ - •/ �' 121A 121 � °a= ...�� ,p�, 110 S� 199 94 e 313--48 126 198 41 �. 138 R1_ 1 38 37 eP O Q0 29.5-1771708 2e3- i���� `��� ry� 200 s 12 Mg. sm f 39OldGhaAes orn R e �: �o1p ZVI 1388 14 ° % ° 10 170A "04 --' 170 4w 138A ¢ 201 170C 13 qA u° 0 203 .a °1 204° i N i dry Li 292 tK�4e c 'i / ��, 31 ti a A •\ � � `L��p,, `�� 238 �O % a 285 291 � 293 31 / s , Variance #008-96 PIN- 44—A-172/1."73 Leonard C. Ellis, Jr. page 1 of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA MUST BE TYPED OR FILLED OUT IN INK_- PLEASE PRINT I. The applicant is the owner other . (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: LL ! S JA, NAME: ADDRESS PC. /3c K ADDRESS: TELEPHONE: TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): S Na J EcT QoArx i Y(s LacArED ,®�t1 �-,yF �o,QTygeG Y Si DE c r VA. /?o w7-9 !::&4 AT -T;9F /NT,z e- s; -ria•J off' VA 4. The property has a road frontage of 9�% feet and a depth of 8,qO feet and consists of y, Z exact) 11 acres. (please be 5. The property is owned by as evidenced by deed from GLrS Cp cFASE recorded (previous.,owners.), , in deed book no. ,g-/47 on page p g I` -o4- of the deed books of the Clerk of the Court for FrederiCk.Courlty. Attach a copy of the deed. page 2 of 5 6. Magisterial District: STon1C �✓AGG �� Ti2icT 7. 14 -Digit Property Identification No.: -44 17 z d- 1 i? 8. The existing zoning of the property is: /%4 L d- Z 9. The existing use of the property is: S GF SF,eI//cE SeAGE tAcic.,Tj' 10. Adjoining Property: USE ZONING Northc- East -meq South _ - •k West RA 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.") A 4 ' ,tiT- �, v 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 l�ApC o2 P ��` `� Q '�K?_ �'I S ccl►JELc-�V Alia 0-1p UIy iT-S 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 lete 14 - digit Property -identification number) NAME Vo eQLtS� -J_ANICer T�yKF, f 1-+e SEN, P,4 `/ -i-13WALD •aaaress — - RkP3_ Box s5z.o Property ID,# Address -A -J'70 J 70 r?o. 13ox z-73, 5TE E Property ID# -44 - A -r 7 o,i /VA. zZss�S (..11�1Gj/6Sj�K C�•.I GL4�/ P.O. B -)C ZoIZ � W/NGHFs�/Z� UFS. Property ID# z a -A-/-701.3 / Address -T4 ,PO, , 7/QI/�� L -J 11 -LI i/1 -j �q r}- , S7r��i5�ENSon1, N4, G� Property ID# �{4 --A - / 74- Address P a - Z % Property ID# Aaaress Property ID; Address Property IDI Address -Property ID4 -Address -Property IDO Address Property ID# Address Property 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. Adjoininq Prooert `" YOUR PROPERTY inin Property _ :o � I Z T 'K L r 'Addi ; Y $ 'o hon o Pro ert Line i ----------------------=Center of Road ------- Road -SHOW 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 tyre 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 contained herein are, to the best of my knowledge, 1-7 SIGNATURE OF APPL SIGNATURE OF OWNE] (if other than app -OFFICE USE ONLY - and information true. TE Z4 A ATE BZA PUBLIC HEARING OF DATE - ACTION: -� I APPROVAL DENIAL SIGNED: BZA CHAIRMAN DATE: