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BZA 05-21-96 Meeting AgendaAGENDA FREDERICK COUNTY BOARD OF ZONING APPEALS The Old Frederick County Courthouse Winchester, Virginia May 21, 1996 3:25 p.m. CALL TO ORDER 1) Meeting Minutes of April 16, 1996. 3:30 p.m. PUBLIC HEARINGS 2) VARIANCE APPLICATION #004-96: 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 M I (Light Industrial) Zoning District, and is identified with Property Identification Number 44-A-50 in the Stonewall Magisterial District. 3) VARIANCE APPLICATION #005-96: Richard Scott and Dawn Krueger are requesting a 15' rear yard setback variance to build a 12' addition. The property is located at 112 Southdown Circle in the Albin Village Subdivision in the RP (Residential Performance) Zoning District, and is identified with Property Identification Number 75F-2-58 in the Opequon Magisterial District. 4) VARIANCE APPLICATION #006-96: G. W. Clifford & Associates, Inc. is requesting a 7' 6" sign setback variance for an existing Holiday Inn Express entrance sign, and a sign size variance of 89.5 square feet. The property is located on the west side of Town Run Lane (Rt. 10 12) and south of Fairfax Pike (Route 277) in the B2 (Business General) Zoning District, and is identified with Property Identification Number 85-A- 146A in the Opequon 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 April 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: 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 MARCH 19, 1996 Upon motion made by Mr. Wakeman and seconded by Mr. Nichols, the minutes of March 19, 1996 were unanimously approved. PUBLIC HEARINGS (3:35 p.m.) Variance Application #002-96 of Andrew J. Maguschak for a 10.73, front yard variance for an addition. The property is located at 101 Greenway Court and is identified with Property Identification Number 60A -2A -A-16 in the Gainesboro Magisterial District. ACTION - APPROVED DISCUSSION Mr. Ruddy presented the application and said that the applicant stated that the shape of the property, the road on three sides of the property, the location of the septic, and the drain field 2 as well, restricts the location of the proposed addition at the proposed position. He stated that the proposed addition would place the structure in violation of the front setback requirement which is 30 Feet. The vara.^ee .s "ceded to cerise .nta co:npl.ance with the zoning ordlnn„ni-P TTP fiwrthPr stated that the High View Manor subdivision was approved in 1962 prior to the current zoning ordinance. Mr. Maguschak's property is Lot 16 and was platted with a front yard building restriction line of 30 feet. This building restriction line is shown on the enclosed survey plat. The current front yard setback requirement for structures in the RA (Rural Areas) Zoning District is 60 feet. However, the original 30 -foot building restriction line will be adhered to in this case. The proposed two-story addition would be 19.27' from the Manor Drive right-of-way and would place the structure in violation of the zoning requirements by 10.73'. As mentioned before, the lot is located at the intersection of two roads which creates a slightly irregularly shaped property. Within the subdivision there are numerous irregular lots. All of the lots within the subdivision are relatively small and have a limited building area. The restrictive size of the lots is consistent throughout the subdivision and, as Mr. Maguschak has a house on the property, a demonstrable hardship approaching confiscation does not exist as the property has already been built on. Mr. Ruddy concluded by saying the Code of Virginia states that no variance shall be authorized by the board unless it finds that strict application of the ordinance would produce an undue hardship and that such hardship is not shared generally by other properties in the same vicinity. Staff believes that granting this variance would be inappropriate as a hardship approaching confiscation does not exist, and that the staff s recommendation is for denial. Chairman Sempeles called for citizen comments and the following persons came forward to speak. Andrew J. Maguschak said that he is the owner of the property and that his son and his family reside there. He said that in a situation such as this, it seems that the main criteria would be the well-being and the desires of the inhabitants of the area, that is the neighbors. Every resident in the area was contacted and not one objected to this variance. In fact, many of them stated that the addition would be an enhancement to the property. He went on to say that this is a very rural area, quite out of the way and many people do not even know what exists there. Mr. Maguschak presented photographs that showed that the nearest house to the property in question is six building blocks away. Mr. Sempeles asked if this was on all sides and Mr. Maguschak replied yes, the nearest neighbor was six building blocks away. Mr. Maguschak stated that the photos show the isolation of the property. The reason for the variance is due to the fact that there is a hardship because they [his son and daughter-in-law] have a family of five. The quarters are quite restricted and cramped and the family cannot move." Daniel Maguschak, the applicant's son and resident of the property, stepped up to the 3 podium next. He also gave the Board photographs showing the isolation of the property and a petition from the neighbors which shows they are in favor of the proposed addition. Mr. Sempeles asked if the addition will be on the left side, next to the driveway and Mr. Maguschak replied yes it would. Mr. Sempeles asked how many building lots were between Mr. Maguschak and his neighbors and Mr. Maguschak replied there were six to the nearest neighbor. Mr. Sempeles asked if there was sewer and water and Mr. Maguschak replied no, there is well and septic. Mr. Sempeles asked about the number of bedrooms in the house and what the square footage was of this particular lot; Mr. Maguschak answered three bedrooms and he was not exactly sure on the square footage but thought it was about a half -acre. Mr. Nichols asked if the area was all wooded except for his lot and Mr. Maguschak replied that it was. Mr. Sempeles asked how old is the house and Mr. Maguschak replied that he thought it was built about 1945 and that he has lived there for the past 12 years and no one has purchased or built on any of the other lots. Mr. Sempeles asked who owns the subdivision. Mr. Maguschak replied that it was Mr. Desouri, whose residence is in Boston. Mr. Ruddy pointed out that a notification letter was sent. Mr. Maguschak then passed around a layout of the proposed bedroom for the Board's review. Mr. Sempeles asked if there was a carport there now; Mr. Maguschak replied that there was. Mr. Sempeles asked if there were any other questions and Mr. Maguschak replied that there were others who wanted to appear to voice their support but could not get off of work. Mr. Sempeles called for a motion on the variance request. Upon motion made by Mr. Wakeman and seconded by Mr. Nichols,the variance was approved by the following majority vote: YES (IN SUPPORT OF THE MOTION): Mr. Sempeles, Mr. Nichols, Mr. Snapp, Mr. Wakeman; ABSTAIN: Mr. Larrick (Mr. Larrick stated that he would abstain from voting due to prior representation for the applicant.) BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby approve In Variance Application #002-96 of Andrew J. Maguschak for a 5' front setback variance for a single-family residence. Variance Application #003-96 of Robert Emmons, Jr. and Kathy Emmons for a 5' front setback variance for a single-family residence. The property is located at the intersection of Senseny Road and Anderson Street and is identifiedwith Property Identification Number 6513- 4-A-1 in the Stonewall Magisterial District. ACTION - APPROVED Mr. Ruddy gave the background information and staff comments. He passed around Polaroid snapshots of the property. He told the Board that the subdivision was built in 1957, prior to the Zoning Ordinance. He said that the Emmons are aware of the narrowness of the building area and have been searching for a house plan that would fit into the building area. He told the Board that strict application of the zoning ordinance would effectively prohibit use of the property creating a demonstrable hardship approaching confiscation and that staff believes that this variance request meets the criteria required for granting a variance. Chairman Sempeles called for anyone in favor of the application to speak. Robert and Kathy Emmons came up to the podium and explained that they were not aware of the setback restrictions when they bought the property and how they have been diligently seeking a house plan that would fit into the restraints of the existing building area. Chairman Sempeles asked to see a picture of the house and whether it was a two- bedroom home; Mr. Emmons passed forward the house plan and answered that it was for a three- bedroom home. Discussion followed on how many feet existed between the street (Senseny Road) and the existing houses. Mr. Larrick asked if the Jenkins home was 25 feet from the road and Mr. Ruddy replied that it was approximately 20 feet. Mr. Nichols remarked that it looked like all the houses on Senseny Road sit closer to the road than the one the Emmons were proposing to build. Mr. Emmons explained that even after this variance was approved, the house will still be 10 feet further back than the others in this area. 5 Chairman Sempeles asked if there were any other questions (there were none). He called for anyone in opposition to the application to step up to the podium. Irene Jenkins, adjoining property owner across the road, came forward and told the Board that if part of the road is taken off, water will come in on her property. Chairman Sempeles asked what the usual depth was of the water and Mrs. Jenkins replied that it was about four inches. He asked her if she ever contacted the State about this matter and she replied that she had. Mr. Robert Jenkins, Mrs. Jenkins' son, was also at the podium. He told the Board that the road was very narrow and that the water was a constant problem. Mr. Larrick explained that the applicants were not proposing to take part of the road, that they were just building a house and after it was completed, would actually sit back further off the road than the Jenkins' home. Mr. Nichols told the Jenkins that this variance request would not effect the Jenkins' home. Once the Jenkins realized the variance would not narrow the road further, they said they were not opposed to the application. Chairman Sempeles suggested to the Jenkins that they pursue the water problem with the County and the State to solve the problem, and to remain after the meeting so that Mr. Ruddy could help them on the procedure. Wanda Alderman came up to the podium next. She spoke in opposition due to the road maintenance problems. Chairman Sempeles asked if this was a dirt road and if it was a state-maintainedroad. Mrs. Alderman replied that the homeowners maintain the road themselves because VDOT won't do anything. She also expressed concerns about the standing water problems. Mr. Emmons told the Board that he called VDOT and was told that Senseny Road was state maintained. Mr. James Hardy spoke in opposition to the application based on the problems with the road. Mr. Nichols asked Mr. Emmons if his driveway would come in on Senseny Road or Anderson Street; Mr. Emmons answered that it would come in on Anderson Street and added that he had owned the property for nine years and had never seen water that deep on his property. 6 Mr. Nichols reiterated that the road problems needed to be directed to VDOT and were not the subject of this public hearing. Mr. Hardy came to the podium and asked if a culvert would be installed on Anderson Street if this house was built; Chairman Sempeles reminded him that the question at hand is a five- foot variance and for concerns about the road, he would need to either get an attorney or go to the State to try to resolve the problem. There being no further questions, Chairman Sempeles called for a motion. 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 #003-96 of Robert Emmons, Jr. and Kathy Emmons for a 5' front setback variance for a single-family residence. ADJOURNMENT There being no further business, the meeting was adjourned at 4:15 p.m. Respectfully submitted, Manuel G. Sempeles, Chairman Carol I. Gordon, Secretary File: AAMIMITES\APRILl6.BZA BZA REVIEW DATE: 5/21/96 VARIANCE #004-96 `V`ERLV V. l UTSHAW 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 MI (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: The applicants are requesting a fourteen (14) foot side yard variance to construct a warehouse/storage building. A twenty-five (25) foot side yard setback is required within the M 1 (light industrial) zoning district. This variance would allow them to locate the building eleven (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 can Verlo V. Cutshaw Page 2 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 (6) foot high wooden stockade fence and pine trees every eight (8) 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. STAFF RECOMMENDATION: Asa clearly demonstrable hardship approaching confiscation of the property does not exist, staff s recommendation is for denial. BZA #004-96 PIN: 44—A-50 Verlo V. Cutshaw page 1 of 5 APPLICATION FOR IN THE COUNTY OF FREDERICK MUST BE TYPED OR FILLED OUT IN INR PLEASE PRINT I. The applicant is the owner X other . (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: Verlo V. Cutshaw NAME: Allied Wood prod t s . Tn ADDRESS 1984 Martinsburg Pike ADDRESS: p,0. Box 2337 Winchester,VA 22603 Winchester VA 22604 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. �a�y� Mnr+tnskr� �rfc�� 4. The property has a road frontage of - 191.68 feet and a depth Of feet and consists of 3,58 acres. (please be exact) 5. The property is owned by as evidenced by deed from Harryg Benner 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 7- 8. 14 -Digit Property identification No. 44COo)CA0,00600. The existing zoning of the property is: M1 9. The existing use of the property is: Manufacturing 10. Adjoining Property: USE ZONING North Eesidf'n:Li al RA East warrant Lot RA South RA West RPciriPntial RA 11. Describe the variance sought in terms of distance and type. (For example: "A 3.51 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 applyip2 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 comulete 14 - di it Property identification number NAME Address 2489-3 Martinsburg Pike Easy Living Assoc. Property ID# 44B00010000060 Stephenson,VA 22656 2537 Martinsburg Pike O'Connell, Antonia E. Property ID# Stephenson,VA 22656 C/0 Ann Ballard P.O. Box 324 44 Ann H. Simmons Property ID# Stephenson,VA 22656 Address 2547 Martinsburg Pike 44B0001 Sirbaugh,William A. Property ID# Stephenson,VA 22656 aaaress 1984 Martinsburg Pike Cutshaw Enterprises LC Property ID# Winchester, VA 22603 Address 1984 Martinsburg Pike Cutshaw Verlo & Aileen Property ID# Winchester, VA 22603 Address operty ID 2518 Martinsburg Pike Shanholtzer, Arnold J. Property ID# 440000A00000490 Stephenson,VA 22656 Address Dorothy Bolyard P.O. Box 35 Property ID 44000OA0.00050At:.. Stephenson,VA 22656 Address C/o Verlo Cutshaw 1984 Martinsburg Pike Winchester Pentecostal Holiness Church Property ID# Winchester, VA 22603 44000OA Address:, --- 1984 Martinsburg Pike Cutshaw Verlo property ID# 440000A0000510 Winchester, VA 22603 aaaress 1984 Martinsburg Pike Cutshaw Enterprises LC Property ID# Winchester, VA 22603 Address 1984 Martinsburg Pike Cutshaw Verlo & Aileen Property ID# Winchester, VA 22603 Address operty ID _:,._ -r �! ) 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 ��; i, ►j 1; nearest structure(s) on adjoining properties. Please include any other exhibits, drawings or photographs with this application. Adjoimnq Prooerty YOUR PROPERTY Adjoiring Propert a r fAddi, rior:� � JPmporly Lj ---------•------- ___!— Center of Road ------- Road OW THESE MEASUREMENTS *, ..Drawing :Att*ached Page 5 of 5 AGREEMENT VARIANCE # O �L_J 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. J SIGNATURE OF APPLICANT L4t`14 DATE _'a 1_/ - 9� SIGNATURE OF OWNER liaj. IL -.ATE (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF ACTION: - DATE - APPROVAL �1 DENIAL SIGNED: BZA CHAIRMAN DATE: Sb' 0 I tnW 3� TIV, Ptl Z )< I qp a ALLIED try O S: •�y! �:(�! r4 i `��, �i �.�'i. 2540-9 Marfrmburg Pi Maphenson, Vii .1212W3 BZA REVIEW DATE: 5/21/96 VARIANCE #005-96 RICHARD SCOTT AND DAWN KRUEGER LOCATION: The property is located at 112 Southdown Circle in Albin Village Subdivision off of Aylor Road in Stephens City. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 75F-2-58 PROPERTY ZONING & USE: Zoned RP (Residential Performance) District; Land use - Residential ADJOINING PROPERTY ZONING & USE: Zoned RP (Residential Performance) District; Land use - Residential and Vacant VARIANCE: A 15' rear yard variance to build a 12' addition REASON FOR VARIANCE: Current 100' road efficiency buffer from Aylor Road ends either at applicant's rear door or in his home depending on which survey is correct. Due to this buffer, no home improvements can take place in back yard. STAFF COMMENTS: The applicants are requesting a fifteen (15) foot rear yard variance to construct a twelve (12) foot addition onto their house. The house was constructed directly on the building restriction line that was imposed by the one -hundred (100) foot road efficiency buffer. A road efficiency buffer provides for seperation of residential structures from arterial and major collector roads and may not be encroached by a building or other principle structure or activity. Strict application of the zoning ordinance does not prevent a reasonable use of the property for residential purposes. Therefore, staff believes that a clearly demonstrable hardship approaching confiscation does not exist. In addition to this, the limited building area imposed by the road efficiency buffer is a condition that is shared generally by other properties in the same vicinity. According to the Code of Virginia, Section 15.1-495,2 a) and b), no variance can be authorized by the Board unless the strict application of the zoning ordinance would produce undue hardship, and that such hardship is not shared generally by other properties in the same vicinity. This is not the case in this situation. STAFF RECOMMENDATION: Denial BZA #005-96 PIN: 75F-2-58 Richard Scott & Dawn Krueger I. The applicant is the owner other . (Check one) 2. APPLICANT: OCCUPANT: NAME: [�u� C`tc Qr►o{ 4../CtWn fd C rNAME : c 3. ADDRESS L/n-`Qr2C±Er —e-)LCf) /�!�_ ADDRESS: V" TELEPHONE . S-Yp - RL, y_ , yIU TELEPHONE: (if different) The property is located at (give exact directions and include State Route numbers): i 4. The property has a road frontage of ,!3,feet. and a depth of /a�` y� feet and consists of (please be exact) 5. The property is owned by V Sic,�'" are f {ee�as evidenced by deed from �-recorded (previous owner) in deed book no.—�/Slj on page / yy'C 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: ( ) Qe'gj QpY-V 7. 14 -Digit Property Identification No.: 77SF- ac - _5$ _ 8. The existing zoning of the property is: 9. The existing use of the property 10. Adjoining Property: USE ZONING North East R South West ac RP 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 Z C- . .. ' 1a 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 ctQn �C�� C�JFlr.?Y1 (CIYI IC_! VA (? 13. �Add�,tional comme ts, if an a . ' 77 y �tt� ,l �pf:,,na•1K' �+ S� ��i:J � 6.i. !�'7�If% rC]fiJ:���C�+.+t �:�O_:tYo (; ! L�-t.�4J � �� � .� f—f e,i..' ..� ..•.:ri'1 Cr 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 J Page 4 of S 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 Prooerty YOUR PROPERTY Adjoininq Property s y _ tion Pro ert Line -- - - - - - -- -- - -- --- - -- --=Center of Rood 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 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 /;. DATE, G SIGNATURE OF OWNER (if other than applicant) DATE -OFFICE USE ONLY- BZA PUBLIC HEARING OF ACTION• - DATE - APPROVAL pDENIAL SIGNED: BZA CHAIRMAN DATE: #7 ISN Shpt 4 of 12) , ' 0,90 8304 3 M n f30 O 3 59 s�--�—.1184,81 sq. f t. \ w1 1 So0% 13830" \ ( J _ 130 0 to 58 .1 14.054 z 3 i 19,203 sq.� 3 I / 22 oto f.. 21 X e- 23p3'•W O 86.38 - U) • O f u o 571 20 r ^ U) t. ) 12,37 sq. ft. \ 19 18 y 3 m W = °i 0 �Aow W1 to 3 1•' F ; o z5 C I n Co n v W VV n i 0 O , i 17327. sq. fl ,... _ . r . , 550 ;j o... ��i 131�51- ��� Front Setback :70 otherfR Main" Ieso specified) i ed)rsetback "islOO Naar 34•2 oth"Wes specified) lido . _y• v J,: N� rote.. I- All Lots are Single faufly Detached - Cluateq • ���' ��. -2:" ]11 lou ter■ aub�ect a' l !0 foot slope and .'t •+ ?�:� Drainage Lam■ut Along ■Il u `•.'\ _'� .. \ l' a 10 foot rtilit ghte-of-w.q and 1 . r \�:/ •' , \ Lines, 1 Lseaedt along all froperq l ]. ro sousing shall fee. Yillap tans or Albin SOTH .•RCD1 R VIJ. 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AAT.1711-11 Q,z_ +YET TAr �uir�o�iraiv � /// i //// / ////w//yr,///////// /////✓///// rr/rr/r/ TO EX. 1'Yg7---R MAINVA /// ////// //�i////////////, � / ///rr////�//r• ryr/ 400 / / /o�zoo AIZCFL ,, , 2I CRSS 90 9,600; / . {= 6 /ii X02' 4¢ s3` 84 ? _ - ,soo 9, boa o `;,, , „ , 600 � 89 ,c 000 J Q' O /ii' � � � ,~•+ 4y'` � rrr/r rrr rrryrr 85 �- - � 'iii r // �l hk Cr�i// v oob0 �� / 9,CLjpS6 \ r/rfr rr rl// ,//// �/// 96 / rrryrr rrr ,. o �/� �/,/ •' ` rrfir/rrryrr i .� _- _ _. 88 � � 22 /g� \ �� Ov\i /i' "p G / •••SO �• Y/yr/rrry ' � . r 8�0 � 9,100 � � � 9g0p f/ C/o iii/ / o00 90 r/r/rrrryrrr \� v. t s6 87 /2,60d� � Q� �,//'� 9 �..• � . rrr r/ry / . r /,000' 00\ ,%2,00O0 709JOooO 7 � - rrr 67 000 ¢l9 SZ i/O,O .1 10,060 j . f 74 O rrry \t v oco Ile 9,60C, ✓' , /0,000 f� .j�l" . .••�` , %%` t F., 57, 57 /0.000 rrrrrsr9r �_ rrry lrr iiii /4, 6 o gj ,1 . . \ r�ryyrrj/r 60 `i UT/L %TY / _// /Z r r '7(S ` "W", ' �`5� sn `� t •/ A4¢� BZA REVIEW DATE: 5/21/96 VARIANCE #006-96 HOLIDAY INN EXPRESS LOCATION: The property is located on the west side of Town Run Lane (Route 10 12) and south of Fairfax Pike (Route 277) MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 85 -A -146A PROPERTY ZONING & USE: Zoned B2 (Business General) District; Land use - Hotel ADJOINING PROPERTY ZONING & USE: Zoning B2 (Business General) District; Land use - Hotel and Vacant VARIANCE: For a 7'6" sign setback variance and a sign size variance of 89.5 square feet for an existing Holiday Inn Express entrance sign. REASON FOR VARIANCE: The applicant states that the topographic conditions of the property and the location of storm water management facilities restrict the Iocation of the business entrance sign. STAFF COMMENTS: Site plan 4006-95 was approved on 4/14/95 for the construction of the Holiday Inn Express. The business entrance sign that was recently constructed was not shown on this approved site plan placing the sign in violation of the site development plan. Furthermore, the business entrance sign was constructed in violation of zoning ordinance requirements for freestanding business entrance signs. The setback requirement for a freestanding sign is ten (10) feet from property boundary lines. This freestanding business entrance sign was erected 2' 6" from the property line placing the sign in violation by 7'6". It is clearly evident in the enclosed pictures that the freestanding business entrance Holiday Inn Express Variance #006-96 Page 2 sign could have easily been placed in compliance with the setback requirements. No exceptional topographic conditions exist and it should also be noted that the storm water management drop inlet mentioned in Mr. Gyurisin's letter is located within the 10' sign setback area. As there is no clearly demonstrable hardship approaching confiscation the sign setback variance should not be authorized by the Board. The zoning ordinance states that no freestanding business entrance sign shall exceed four (4) square feet in area. The Holiday Inn Express freestanding business entrance sign is ninety-three and a half (93.5) square feet in size placing the sign in violation by eighty-nine and a half (89.5) square feet. The Holiday Inn Express is highly visible as is the entrance to the facility. A four (4) square feet sign constructed in accordance with the zoning ordinance would be sufficient to provide direction to customers traveling south on Route 1012. As no clearly demonstrable hardship approaching confiscation exists, the sign size variance should not be authorized by the Board. The freestanding business entrance sign also exceeds the maximum height requirement for freestanding business entrance signs which is five (5) feet in height. This places it once again in violation of zoning ordinance requirements. As this freestanding business entrance sign was constructed with complete disregard of the zoning ordinance and site plan requirements, and as no clearly demonstrable hardship approaching confiscation exists, staff firmly believes that authorization of the variances by the Board would be in clear violation of the powers and duties of the Board of Zoning Appeals as set out in the Code of Virginia, section 15.1-495. STAFF RECOMMENDATION: Denial BZA #006-96 PIN: 85—A— 146A Holiday Inn Express MUST BE TYPED OR FILLED OUT IN INK — PLEASE PRINT 1. The applicant is the owner other X . (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: G.W.Clifford &Assoc.. Inc. NAME: Holiday Inn Express ADDRESS 200 N. Cameron St. Winchester, Virginia 22601 TELEPHONE: 540-667-2139 ADDRESS: P.O. Box 2468 Winchester Virginia 22604 TELEPHONE: 540-662-3752 3. The property is located at (give exact directions and include State Route numbers): Westside of Town Run Lane (Route 1012) and south of Fairfax Pike (Route 77) 4. The property has a road frontage of 165 feet and a depth of 400 feet and consists of exact) 1,r)15? acres. (please be 5. The property is owned by as evidenced by deed from Ilarry 1 Sr;mhSnri, jr recorded (previous owner) in deed book no. 327 on page 1724 of the deed books of the Clerk of the Court for Frederick County. Attach a copy of the deed. 4/"25/96 page 2 of 5 6. Magisterial District: Opeguon 7. 14 -Digit Property Identification No.: 85 ((A)) Parcel 146A 8. The existing zoning of the property is: B-2 9. The existing use of the property is: Hotel 10. Adjoining Property: USE ZONING North Hotel B-2 East Rt.1012/I-81 South Vacant B-2 T West Vacant B-2 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 7'6" sign setback variance for an existing Holiday Inn Express S9 r entrance sign. A size variance of 89.5 square feet. Note: The sign is 2'6" from the leading edge of the sign to the property line and is 8'6" from the sign pole support to the property line. 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 The topographic conditions of the property and the location of storm water management facilities. (see attached letter to Mr. Michael T Ruddv dated April 26, 1996.) 13. Additional comments, if any ,= .4/2'5%06 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 Address Rosney Farms, Boyce, Va. 22620 Harry F. Stimpson Property ID# Addre85 ((A)) 146/ 85000A00001460 Scully, Ltd. Property 'IDX 3038, Winchester, Va. 22604 Address ( (A) ) 148/85000A00001430 Property ID Address Property ID Address Property ID; Address Property IDA -Address -Property IDJ Address Property ID# Address Property ID# Address Property ID# Address ?roperty ID#- 4/ ')/Q 6 Page 5 of 5 AGREEMENT VARIANCE 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 1 SIGNATURE OF OWNER DATE (if other than applicant) -OFFICE USE ONLY— BZA PUBLIC HEARING OF APPROVAL DDENIAL ACTION: - DATE - SIGNED: BZA CHAIRMAN DATE: I 0 Con;*ct vfth Ex1r. tr i1 Comfort Inn Qrb # Giuuter w I I � w o� l H �l ° -� u b I o � T!R I �Lj _ 21.12' - Ioncrete Retalnfng Fall 30 I 22' z�' O 44 �1 38.75' Van Accessible I 20' 9 I 5 'R l 35' C ht: 225' 91 2207'y C/ Ca 18.5' 24' 1 5 I I f ? I 59.5' I I Locdfnc I 5 20' area alc 3a' S sr 91 �-2 I O I I �_ 1 trete L 57?ron ~gyp• IC4 �•��~t 9' fart In Concrete Curb 16 20 r � f I4 •..._ �` 5 97' N56 I I ? 81 1ck Trash Enclosure Exterfor Wall to be bufit 2 ' �Pe Ni I face of Gutter to affow drainage around enclosure (Pour B' Concrete Dumpster Ex 18' Extend C&C to Property Lhe pad as shown) I-HOLI�t� lr�ltil �p2Er�S I I SLOPE E149ANKMENT ADJACENT TO ENTRANCE TO PROVIDE MINI1lUM 550' 57GH i DISTANCE LINE oIRECTION DISTANCE - L 1 S 2-9'4457- W 43.22" L2 S 4538"42 W 149.95" L3 S 33, "16 W 37.50" L4 S 7822"16" W 46.67" L5 S 3322"16" W 50.00' L6 S 07 48 53" E 53.15" L7 S 56' 7"44" E 28 00" Stephens City Motel Associates, L -P. OB 610 — P 351 00 .. Zoned: 82 �0y0 Use: Commercial Ov ':9. OO\ NO TES.- X `C 9 Q,. � '?r6' y0 \ 9c� I. No title report furnished. 2 Easements may exist that are not shown. 'b J. Iron rods found or set at oll property corners. 4. Boundary information token from plot of survey dated 1 August 1994 by David U / A / Furstenou, L -S. POrcel 146 13.4125 Acres 'o- 6 Oh6 � � ry 9h9 L4 L3/ Z L5 L `J\ 6 w tip\ L7 Town of Stephens City- DB 296 P 162 Zoned. RA c Use: Vacant 1�° rJ� /-k\ MINIMUM SETBACK REQUIREMENTS- P� .�A h a• ,a� Front = 35" A � J, �Vj to Side = 0, Rear = 0' TM 85 ((A)) Pcl 146 Zoned. • 82 Use: Vocon t TAI 85 ((A)) Pcl 146A Zoned.- 82 Use: Vocon t rp-�'� T ►-1 pF CERTIFICATE N0. 7Z `, 1197 r LAND Ilk SU1 RVEYORf� fY ry cry OQtio Q - r �- ��Q Jy 0 100 zoo M+oo I Graphic Scale in Feet 1. =200, Fina! Plat for Minor Subdivision Of The Land Of Harry F. Stimpson, III Opequon Magisterial District 4dt: US-94094.dwg Frederick County, Virginia DATE: 15 November 1994 SCALE: 1"=200" Sheet 2 of 2 gilbert w_ Clifford & o : -,ociotes, inc_ ENGINEERS — LAND ft_A1INERS — SURVFYOfiS 150--C 01de Creenwich Drive Frederlcksburq, Vlrolnlo 22.101 200 North Comeron Slrecl (703) 890-2.115 FYinche3ter, Virginio 22601 (703) 667-2139 gilbert w. clif ford & associates, inc. 200 North Cameron Street • Winchester, Virginia 22601 540-667-2139 • Fax: 540-665-0493 April 26, 1996 Mr. Michael T. Ruddy, Planner Frederick County Planning Department 107 N. Kent Street Winchester, Virginia 22601 RE: Variance for Holiday Inn Express TM 85 - ((A)) -146A Dear Mike: Thank you for meeting with me this morning. As discussed, please find enclosed the application, application fee and supportive materials for a sign setback variance to the Holiday Inn Express - Stephens City. Photographs of the site and sign will be delivered under separate cover. Please call should you or the members of the Board of Zoning Appeals (BZA) require additional materials for consideration of this request. We request a 76" sign setback variance for a sign placed along the southwest corner of the entrance of the Holiday Inn Express - Stephens City. The sign is a combination sign that is both an entrance notification for customers and a Holiday Inn Express sign. This combination sign is supported by a single center support pole located 8'6" from the property line. The sign is designed to hide the support and generally enhance the appearance of the entrance and corridor by removing the support pole from view. The sign consists of a support pole cover, and entrance sign and a Holiday Inn sign. The signs are 45 square feet and 48.5 square feet respectively. • .0\.: t^ /\411 �/ •��!-• t Mr. Michael T. Ruddy Variance for Holiday Inn Express April 26, 1996 • Page 2 The sign was located in an area so as to be clearly visible for customers entering the site. Definition and direction for customers traveling south on Route 1012 was required so the entrance can be clearly identified, especially at night. The location and shape of the propertyas well as the design of the road are hardships that had to be considered when placing the sign for the traveling public was critical. The existing drop inlet and storm water pond prevents the sign from being moved east away from the property line, the slope of the property requires that the sign be placed close to the right-of-way for visibility and the curve of the road also dictates location. The sign is 41 feet from the center of the right-of-way. The slope of the property and the wide right-of-way adds to the unique features of this site. These topographic special conditions, the shape and the location of the property result in an property hardship that is not shared by other properties. We believe that the requested variance serves the public interest and does not injure or endanger other property owners or persons. Sincerely, gilbert w. Clifford & associates, inc. SMG:cIs enclosures 4W W Gyur sin