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BZA 03-19-96 Meeting AgendaAGENDA FREDERICK COUNTY BOARD OF ZONING APPEALS The Old Frederick County Courthouse Winchester, Virginia March 19, 1996 3:25 p.m. CALL TO ORDER 1) Meeting Minutes of November 21, 1995. 3:30 p.m. PUBLIC HEARINGS 2) VARIANCE APPLICATION #001-96: Philip and Janice Yount are requesting a 4' 7'/z" variance for an existing 8'x 16' pole barn. The property is located at 1506 Hunting Ridge Road and is identified with Property Identification Number 21-A-17 in the Gainesboro Magisterial District. 3) Election of Secretary 4) Other MEE'T'ING MINUTES FREDERICK COUNTY BOARD OF ZONING APPEALS Held in the Board Room of the old Frederick County Courthouse, 9 Court Square, Winchester, Virginia, on November 21, 1995. 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 Denice R. Cather, Secretary CALL TO ORDER Chairman Sempeles called the meeting to order at 3:25 p.m. MINUTES OF OCTOBER 17, 1995 Upon motion made by Mr. Larrick and seconded by Mr, Nichols, the minutes of October 17, 1995 were unanimously approved as presented. 2 PUBLIC HEARINGS (3:35 p.m.) Variance Application #018-95; Gary J. Kerns is requesting a 23' front yard and a 4' right side yard variance to construct an attached garage. This property is located at 168 Woodchuck Lane in the Back Creek District and is identified with PIN 52-12-A. ACTION - DENIED Mr. Miller stated that this application had been tabled from last month's meeting October 17,1995. Mr. Miller stated that the applicant said "there is no place else feasible to put a garage on this house." Mr. Miller said there are several houses on each side of the applicant's residence and they are all set back at least 60 feet from the road right-of-way. Allowing this addition would make this house protrude into the required setback zone and would look out of place in the neighborhood. Mr. Miller stated that allowing this would ruin the standardization and conformity present in this area. Mr. Miller stated this might be the only place to put an attached garage, but it appears that some arrangement could be made to put a detached garage on this property. Mr. Miller said staff recommends denial, because there is no hardship proven, approval would be detrimental to the neighborhood, and the applicant has not indicated that he cannot build a detached garage to serve his needs. Mr. Gary Kerns, the property owner, stated that due to the size of the lot and the location of the drainfield there is no other location he could construct a garage. Mr. Larrick stated the he would recommend denial because the applicant's variance request is for a large portion of the building. Mr. Larrick said it seems other arrangements could be made for possibly a smaller garage, but that is not for the Board to decide. Upon motion made by Mr. Larrick and seconded by Mr. Nichols, BE IT RESOLVED, That the Frederick County Board of Zoning Appeals does hereby unanimously deny Variance Application #018-95 of Gary R. Kerns for a 23' front yard variance and a 4' right side yard variance for an attached garage. M Variance Application #021-95; William Battaile is requesting a 35' right side yard and a 35' rear yard variance for the construction of a house. This property is located in Lake St. Clair Subdivision in the Gainesboro District and is identified with PIN 31A-1-18. ACTION - APPROVED Mr. Miller said the applicant states that "topographical conditions totally prevents building a house over stream." Mr. Miller stated the lot in question is positioned in between a residential lot and a vacant lot zoned RA. The vacant RA lot would be impacted by this variance request. The minimum side yard and rear yard setback requirement for primary structures in the RA District is 50 feet from adjoining properties whose primary use is residential. Mr. Miller said granting this variance would reduce the side yard setback on the side of the vacant RA lot to 15 feet. This may compromise the desirability and future value of the vacant lot. Mr. Miller stated that the rear yard setback adjacent to Lake St. Clair would also be reduced to 15 feet. Mr. Miller said when the lots were originally platted, the requirement was for a side yard and setback of 15 feet. This requirement was changed when the ordinance was amended in 1991. Mr. Miller stated that running diagonally through the Battaile property is a steeply gullied drainage way. In order for Mr. Battaile to build a residence on this property, a side yard variance of 35 feet would be required. Mr. Miller said that a rear yard setback variance of 35 feet would place the proposed property directly over a steeply sloped bank that runs down to Lake St. Clair. Mr. Miller stated that although a rear yard variance would be necessary for construction of a residence, granting a rear yard variance of 35 feet may not be practical due to the slope of the terrain. Mr. Miller said staff recommends approval. Mr. Battaile, the property owner, stated that he respectfully requests that the Board grant his variance request. Mr. Battaile stated that he had a letter from Mr. Scully, an adjoining property owner, stating that there was not a problem for Mr. Battaile to build 15' from his property line. Mr. Battaile said he would appreciate if the letter would be considered as part of the minutes. Mr. Sempeles requested that the letter from Mr. Scully be a part of the meeting minutes. Upon motion made by Mr. Wakeman and seconded by Mr. Nichols, BE IT RESOLVED, That the Frederick County Board of Zoning Appeals does hereby unanimously approve Variance Application #021-95 of William Battaile for a 35' right side yard and a 35' rear yard variance for a house. 11, Variance Application #022-95; James Sirbaugh is requesting a 2' right side yard variance to come into compliance with ordinance regulations for an existing house. This property is located at 280 Perry Road and is identified with PIN 61-2-12A in the Back Creek District. ACTION - APPROVED Mr. Miller stated the applicant needs a 2' variance to come into compliance with the Zoning Ordinance. Mr. Miller said the minimum side yard setback requirement for primary structures in the RA District is 100' from adjoining properties whose primary use is agricultural. The existing structure was believed to be constructed in accordance with the ordinance requirements. Mr. Miller stated that recently, the Sirbaugh property was resurveyed and they discovered that there was a 2' error. Mr. Miller said the side yard setback on the side of the Snapp property is 98' . Mr. Miller said that staff recommends approval. Ms. Christine Landice, was present to represent the applicant. Ms. Landice stated that the 2' encroachment was an honest mistake and if the Board does not approve the variance request, there would be a great deal of hardship. Mr. Larrick asked if they could purchase property in order to come into compliance. Ms. Landice stated that the deed of dedication and the plats would then need to be recodified. Mr. Miller stated to Mr. Larrick that purchasing property had been discussed and was feasible, but not desired. Upon motion made by Mr. Larrick, and seconded by Mr. Snapp, BE IT RESOLVED, That the Frederick County Board of Zoning Appeals does hereby unanimously approve Variance Application #022-95 of James Sirbaugh for a 2' right side yard variance to come into compliance with ordinance regulations. Variance Application #023-95; Sherando High School is requesting a 7' side yard variance to construct an addition. This property is located at 185 Warrior Drive and identified with PIN 86-A-117 in the Opequon District. ACTION - APPROVED 5 Mr. Miller stated the applicant needs the 7' side yard variance in order to provide a required addition to Sherando High School. Mr. Miller said a policy decision was enacted by elected officials that required the Frederick County School Board to increase the enrollment capacity of the two high schools from 1,250 students to 1,500 students. In order to accomplish this directive, a minimum square footage is required to be added to each high school. The Sherando High School campus is developed in a fashion that requires the additional building square footage to be located on the south side of the building. Mr. Miller said unlike the James Wood High School addition, the existing Sherando High School does not allow for the addition of a two story structure. Mr. Miller stated the necessary footprint of the structural addition is limited in location and height. Mr. Miller stated that two adjoining properties are impacted by this variance request. These properties, like the high school, are also in the Rural Areas (RA) Zoning District. Mr. Miller said the minimum side yard and rear yard setback requirement for primary structures in the RA District is 50' from adjoining properties whose primary use is residential. Mr. Miller stated that in order for the School Board to construct the required square footage, the new addition will be located a minimum of 43' from one property and 47' from the other property. Mr. Miller added that a 7' maximum side yard variance will be required for this addition. Mr. Miller said staff recommends approval. Mr. Thomas Malcolm, Superintendent of Schools, was present to answer questions from the Board. Upon motion made by Mr. Nichols and seconded by Mr. Wakeman, BE IT RESOLVED, That the Frederick County Board of Zoning Appeals does hereby unanimously approve Variance Application # 023-95 of Sherando High School for a 7' side yard variance to construct an addition. ADJOURNMENT No further business remained to be discussed and the meeting adjourned by unanimous vote at 4:00 p.m. Respectfully submitted, Manuel G. Sempeles, Chairman Denice R. Cather, Secretary GILLESPIE LTD. Real Estate Development 603-A S. LOUOOUN WINCHESTER, VIRGINIA 22601 THOMAS G. SCULLY. JR. PRESIDENT October 10, 1995 The Honorable William M. Battaile 638 Tennyson Avenue Winchester, VA 22601 Dear Mayor Battaile: 703.667-4220 Please allow this letter to confirm our verbal agreement on February 8, 1995, at which time I agreed to allow you to build at the site you indicated, said building site beginning fifteen (15) feet from my property line. As always, if there is anything further I can do, please do not hesitate to call. Yours very truly, Thomas G. Scully, Jr. TGSjr/ds cc: file BZA REVIEW DATE: 03/19/96 VARIANCE #001-96 Deerwood Farm Miniatures PHILIP R. & JANICE YOUNT LOCATION: This property can be located by traveling to the intersection of Routes 37 and 522 North, then go four miles on 522 North and turn right onto Route 608 (Hunting Ridge Road). Go 2.9 miles and turn right onto our driveway where the sign says: "DEERWOOD FARM." MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 21-A-17 PROPERTY ZONING & USE: Zoned RA (Rural Area) Land use- Horse Farm ADJOINING PROPERTY ZONING & USE: Zoning RA (Rural Area) Land use -Residential & Cattle Farm VARIANCE: A 4'7 '/z" variance for an existing 8'x 16' pole barn. REASON FOR VARIANCE: The 4' 7 '/Z" variance is being sought to bring this structure into compliance with the zoning ordinance requirement for accessory structures. STAFF COMMENTS: Within the R.A. ( Rural Areas ) zoning district the minimum setback for accessory structures is 15 feet. The existing pole barn was constructed in 1991 and is located 10 feet 4 '/2 inches from the property line and is therefore in violation of the zoning ordinance. Mr. and Mrs. Yount's property consists of 15.107 acres. The pole barn is situated at the corner of a corral in the western portion of the property and is used for a pony stall. The pole barn was built on a relatively flat area of the field. Directly along side and in front of the pole barn is an intermittent stream/ drainage way. This may have been a consideration when locating the barn. However, good construction methods could alleviate such drainage problems. The corral Yount Variance Page 2 March 11, 1996 was built at the same time as the pole barn and was erected parallel to the existing fence line. Located in the area between the corral and fence line contains numerous evergreen trees which act as a partial screen or buffer. This buffer mitigates the impact of the barn upon the adjacent property. Granting this variance would not alleviate a hardship as no hardship exists. In the Code of Virginia, Section 15.1-495(2), demonstrable hardship is distinguished from a special privilege or convenience sought by the applicant. Staff believes that granting this variance would provide the applicant with a convenience from the zoning ordinance. STAFF RECOMMENDATIONS: Denial, as no hardship exists. File: K:'\WP,CMN`,COMMENTS\YOUNT.BZA BZA APPLICATION #001-96 PIN: 21—A-1'7 Deerwood Farm Miniatures page 1 of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA RUST BE TYPED OR FILLED OUT IN INK - pLEASE_PRINT 1. The applicant is the owner, other . (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: — .( %NAME rYl mP ADDRESS � �. ala 9u 1yLLCzRizC_-EACbDRESS : VI /vrhe:S7f-f 111Re IiyiA .b TELEPHONE :j Q & 10Z /36 to OR TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): In—mile-5 nom/ ivory 1A1-jj 'YurA✓ — „T QA1 TQ,F 6 0,� Nor iVQ' i Qe /'d i =N i ve, viw� hers e. o Hoye Al 4. Theproperty has a road frontage of feet and a depth of 11 , 94 feet and consists of1.2p acres. (please be exa t) 5. The property is owned by 66L A VvIA/-f as evidenced by deed from--a6corded (previous owner) in deed book no. -6 5 on page of the deed books of the Clerk of the Court for Freder ck County. Attach a Copy of the deed. CtnOL, 0-65 B b7 cl e ed kon? GAR land R- al)d ZeOA& V kr ye, en de -t -a 6coll nc . (o8Z 2 an p aqe.'� y D o-� M e. deed 60CH5 0-� Me, C&rA o-�d -I-he. 0oc.tr71-76r F1-zkP-1 i aunty. page 2 of 5 6. Magisterial District:(;7q1N1!F,)60RO 7. 14 -Digit Property Identification No.: - 7 ( Q1) - --now 8. The existing zoning of the property is: /4,. 9. The existing use of the property is: 10. Adjoining Property: USE ZONING North C-,9 7_T1_.,6_ F,9l°ll2 East R,ES/ ENCS A. South ,���, d ��vc,c R West R.c. S/ d E/V C.c R.A. 11. Describe the variance sought in terms of distance and type. (For example: "A 3.5' rear yard variance for an attached two carg ara e.") , 1 A 7R. , P u s�r�a R x /lam �,nlP 12. List specific reasons) 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 (1c r� 'ion 6 10 -r' n e oel- / din -b- t _/nr Co Vne, yb Zf cv_)(a, a.r e_a . 1,5 6_ 11,5%htJP' or c) -e V e 1— fie. dq e -{or 13. Additional comments, if any �5mojl ,57ruc�are . pc�y bocrr� � cvct y From fes, �io�� ��per�c� ioous dwe- dor Lo1)3/OL 2 0�'i c� fhb aa(J©�h Q p,^aper fy c wuER5, one- -5 /Q/e_ oo he rg 5e�{/�5 ass �vG� 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 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. P�Opej'ty- Adjoining Prooerty YOUR PROPERTY Adjoining Proper! e d r 'Add; -i----&$ hon ,Rmperty Lineij ----------------------=Center of Road ------ Road OW THESE MEASUREMENTS MWMP i pole.. bar N `r IV I- PoIe'bor be-iu�eerl -Fence P'ov'L5 Page 5 of 5 AGREEMENT VARIANCE # 001-96 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 A DATE SIGNATURE OF OWNER DATE (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF ACTION: - DATE - APPROVAL DENIAL SIGNED: BZA CHAIRMAN DATE: