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BZA 10-15-96 Meeting AgendaHLE COPY AGENDA FREDERICK COUNTY BOARD OF ZONING APPEALS The Old Frederick County Courthouse Winchester, Virginia October 15, 1996 3:25 p.m. CALL TO ORDER 1) Meeting Minutes of September 17, 1996 3:30 p.m. PUBLIC HEARINGS 2) Variance Application #016-96 of Gene and Jeanne Welch for a I0 -foot front setback variance for an addition to an existing residence. The property is located at 1773 Macedonia Church Road, is zoned RA (Rural Areas), and is identified with Property Identification Number 76-A-37 in the Shawnee Magisterial District. 3) Variance Application #018-96 of Anthony J. Harper for a 15 -foot front setback variance for construction of a single family residence. The property is located at 160 Highview Road in the Opequon Estates Subdivision, is zoned RP (Residential Performance), and is identified with Property Identification Number 56-1-14 in the Stonewall Magisterial District. 4) Variance Application 4017-96 of Glaize & Brothers for a variance for a 35 -foot reduction in the zoning district buffer distance requirement (from 50` to 15% and a variance waiving all screening requirements. Both variances are for a proposed travel agency business. The property is located at 133 Premier Place, lot #3; is zoned B2 (Business General) and is identified with Property Identification Number 64-A-91) in the Shawnee 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, Court Square, Winchester, Virginia, on September 17, 1996. PRESENT: Manuel Sempeles, Jr., Chairman, Stonewall District; Oren Snapp, Back Creek District; Harold Nichols, Opequon District. ABSENT: James Larrick, Jr., Vice Chairman, Gainesboro District; Ralph Wakeman, Shawnee District STAFF PRESENT: Michael T. Ruddy, Planner I; and Carol Gordon, Secretary CALL TO ORDER Chairman Sempeles called the meeting to order at 3:35 p.m. MINUTES OF AUGUST 20, 1996 Upon motion made by Mr. Snapp and seconded by Mr. Nichols, the minutes of August 20, 1996 were unanimously approved. PUBLIC HEARINGS (3:35 p.m.) Variance Application #014-96 of William and Mary Hunt for an eight -foot rear yard setback variance for an existing principal structure and attached deck. The property is located at 206 Halifax Court in Stephens City and identified with Property Identification Number 75E-1-3-238 in the Opequon Magisterial District. ACTION - APPROVED DISCUSSION Mr. Ruddy presented the application and gave background information on the request. He showed colored photos of the property. The staff recommendation for this variance was for approval. 2 Chairman Sempeles asked for Mr. or Mrs. Hunt to come to the podium. Mr. Charles Richardson, agent for the applicant, came forward and explained that the property is 12 years old and they want to bring it into compliance with the county ordinances and obtain a clear title. Mr. Nichols asked when the house was built (1984); there were no other questions or discussion on the application. Upon motion made by Mr. Nichols and seconded by Mr. Snapp, Variance #014-96 was unanimously approved. BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby approve Variance Application#015-96 of William and Mary Hunt for an eight -foot rear yard setbackvariance for an existing principal structure and attached deck. Variance Application #015-96 of Aaron L. Mitchell for a 10 -foot front yard setback variance for a principal structure. The property is located at 200 Duck Run Lane and identified with Property Identification Number 70-1-3 in the Back Creek Magisterial District. ACTION - APPROVED DISCUSSION Mr. Ruddy showed pictures of the property to the Board members and presented the application. He explained that staff was recommending denial on this request as the hardship is shared generally by other properties in the vicinity. Chairman Sempeles called for Mr. Mitchell to come to the podium. Aaron Mitchell, Sr. came forward to speak in favor of the variance request. He referenced his letter to the Board of Zoning Appeals which was part of the application, and stated that a portion of the property is in a flood plain or, at least, in a low-lying area and is not suitable for building. He explained that the placement of the septic tank was suggested by the contractor, who was installing the pump system. He stated that a health permit had been obtained and that a building permit was ready to be picked up. Moving the septic tank would be a financial hardship. The other concern was that there would be water run-off into the basement. Mr. Mitchell did not feel that granting the variance would hurt the rural nature of the community and stated that the only infringement (which would be the garage portion) would be to a private road into the subdivision. Chairman Sempeles asked Mr. Mitchell if he could give about five feet if he had to (55 feet instead of 50). Mr. Mitchell replied that it would be a financial burden because they would have to move the septic tank. K Further discussion ensued regarding the initial measurement of the property line (using pin on lot 9), where the drain field is located, the size of the right-of-way, how large Mr. Mitchell's lot is, what year they were surveyed, etc. Chairman Sempeles asked if there was another situation like this one out there. Mr. Ruddy replied that even if there were, it should not be a consideration; they should only be looking at this particular case. Other questions followed regarding the square footage of the proposed house, what year did they buy the lot and whether they could make the house a little smaller if they had to. Mr. Mitchell replied that they could make the house smaller by building up rather than out, but they wanted to be all on one level. Additionally, if they made the garage five feet smaller, he did not feel a 15 -foot garage would do them any good. Mr. Nichols asked if the site is located on a private right-of-way, does the Board have the legal right to say the Mitchells can't build. Mr. Ruddy replied that they do and cited another case involving a private right-of-way where the 35 -foot setback had to be adhered to. There were no other questions from the Board and no one else present to speak for or against the variance. Upon motion made by Mr. Snapp and seconded by Mr. Nichols, Variance #015-96 was unanimously approved. BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby approve Variance Application #015-96 of Aaron L. Mitchell for a 10 -foot front yard setback variance for a principal structure. ADJOURNMENT There being no further business, the meeting was adjourned at 4:00 p.m. Respectfully submitted, Manuel G. Sempeles, Chairman Carol I. Gordon, Secretary • • C7 BZA REVIEW DATE: 10/15/96 VARIANCE #016-96 GENE AND JEANNE A. WELCH LOCATION: The property is located at 1773 Macedonia Church Road. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 76-A-37 PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Residential ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District and RP (Residential Performance); Land use - Residential and Vacant VARIANCE: A 10' front yard setback variance for an addition to a residence REASON FOR VARIANCE: See attached letter. Specifically, the narrowness of the lot, existing buildings, septic system, and natural drainage of the land. STAFF COMMENTS: Within the RA zoning district, the front setback is 60'. The existing building is 74' from the road right-of-way. The applicants are requesting a 10' front setback variance to construct a 14' x 24' addition to their residence. This would place the principle structure 50' from the road right-of-way. In this case, the applicant has not clearly demonstrated that a hardship approaching confiscation of the property exists. There is a natural drainage way running along the side of the house. However, this is located within the side yard building restriction area. Strict application of the zoning ordinance would not produce an undue hardship to the applicant and does not prohibit the use of the property for residential purposes. The Code of Virginia. Section 15.1-495(2)(a) states that no variance shall be authorized by the board unless it finds that strict application of the ordinance would produce an undue hardship approaching Gene Welch Variance 9011-96 Page 2 October 7, 1996 confiscation. Staff believes that granting this variance would be inappropriate as a demonstrable hardship approaching confiscation does not exist. STAFF RECOMMENDATION: Denial VARIANCE #016-96 PIN: 76—A--37 Gene E. Welch 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 : —. (� ��,W LCA /� _ NAME: ADDRESS Ea4Nr R L, p, ADDRESS: TELEPHONE: TELEPHONE: _ D _W_zc 3. The property is located at (give exact directions and include State Route numbers): �r^ 0 ):�- /GOUT= (,� <% i� e'nO r, V I"" 'n.1 �, / "/ 4. The property has a road frontage of feet and a depth offeet and consists of acres. (please be exact) 5.' -The property is owned by -> as evidenced by deed from r recorded (previous owner) in deed book no. on page Vy,2of the deed books'of the Clerk of the Court forFrederic County. attach vii copy of the deed. page 2 of 5 6. Magisterial District:_ �'� ��,{� SHS wrv6C 7. 14 -Digit Property Identification No.: -7 8. The existing zoning of the property is:RJ4 rp-Lgd), AC) 9. The existing use of the property is: 10. Adjoining Property: USE ZONING North — J 1-a e)q u -,r- 200 East _OkES;0&AjrrAL South ,Q�} West5i DEN►ii L 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.") l-L� �.' S 'rF UGT i c+/C! [+ r� �l "� Yl !7 � / 7•/ CJ�� I'CL�L�r`�s C �i? ):E ',r )ro c/= E.Xi5-,C1N4 h�FSiI�G�LE 12. List specific reason(s) why the variance is being sought in terms of: -\ / exceptional narrowness, shallowness, size or shape of vvv property, or -✓ exceptional topographic conditions or other extraordinary situation or condition of property, or the use or development of property immediately adj thereto .t d 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 pr9perty identification number NAME kip,'A)_S W14\hh: i Al . J Property ID#— /�'cGi�'-A-0000 -0o. Address f SL.V c: w.j Property ID# 'Qc2 -0040 1D0` Address �`e NsT UA Property ID# 1 &eL1C2 -A-0000 Address i'rF P Property ID Address -021 -A-onoo - c). Property ID# 7 6 OUCJ ' — Address- �A/4,` rr i 'r,Vll '2_2Z,4,3 Property II Address Property II �Address- -property IL -Address -Property ID -Address -Property ID Address Property ID �V 6,r6l?, OR,LE_ Jam.%► c' (2 r kip,'A)_S W14\hh: i Al . J Property ID#— /�'cGi�'-A-0000 -0o. Address f SL.V c: w.j Property ID# 'Qc2 -0040 1D0` Address �`e NsT UA Property ID# 1 &eL1C2 -A-0000 Address i'rF P Property ID Address -021 -A-onoo - c). Property ID# 7 6 OUCJ ' — Address- �A/4,` rr i 'r,Vll '2_2Z,4,3 Property II Address Property II �Address- -property IL -Address -Property ID -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. Adjoining Property YOUR PROPERTY Aciairing Prooert -a Pn ert Line i -----------------------Cerner of Rood ------- Road SHOW THESE MEASUREMENTS Page 5 of 5 AGREEMENT VARIANCE#_QL6 - q6. 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 APPLICAN DATE 9— 9 Gj SIGNATURE OF OWNER r r (,L; DATE I (if other than applican ; -OFFICE USE ONLY- BZA PUBLIC HEARING OF ACTION: - DATE - CI APPROVAL DENIAL SIGNED: �___ BZA CHAIRMAN DATE: To Whom it may concern: We wish to add a 14'x24' addition to the front of our existing home. This addition will be used as a hobby -craft room. We have applied for a variance because the existing zoning ordinance requires us to do this. We have a 74' frontage and the zoning requires a 60' set -back, so we are requesting a 10' variance for access to build this addition. The closest dwelling to us is approximately 100' away from our home, and the 200 acre plus parcel of land that adjoins the rear of our property is zoned RP. Because of the narrowness of our property and other existing buildings on our land, the location of our septic system, and the natural drain of the land, these prevent us from building on to the side and rear of our home. Now that we're retired we enjoy our hobbies, and the addition will be used mainly for shirt painting and other hand crafted items. BZA REVIEW DATE: 10/15/96 VARIANCE #018-96 ANTHONY J. HARPER LOCATION: The property is located at 160 Highview Road in the Opequon Estates subdivision MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 56-1-14 PROPERTY ZONING & USE: Zoned RP (Residential Performance) District; Land use - Vacant ADJOINING PROPERTY ZONING & USE: Zoned RP (Residential Performance) District; Land use - Residential; (adjoining field to the east of the lot across the Opequon Creek is in Clarke County) VARIANCE: A 15 -foot front yard setback variance for construction of a single-family residence REASON FOR VARIANCE: The applicant states that the grade of the property, after the first fifty feet off the roadway, starts to drop off dramatically. With the house positioned sixty feet off the front property line, the footers of the house would be approximately twenty feet below the road surface. STAFF COMMENTS: Within the RP zoning district, the front setback requirement varies depending on the classification of housing types. The lot in question would be considered a "single family detached rural traditional residence" and would require a minimum front setback of 60'. A 15' front setback variance would allow the house to be located 45' from the road right-of-way. The grade of the lot is relatively minor to a point approximately 55' from the road right-of-way. From this point the grade does increase substantially. The topographical conditions of the lot are a factor to consider when constructing a house. However, the grade in this area would not prohibit the construction of a house. Furthermore, this topographical condition is shared by the adjoining property. A house has been constructed on this adjoining lot in accordance with the requirements of the Zoning Ordinance. Anthony J. Harper, Variance #018-96 Page 2 October 4, 1996 In this case, a clearly demonstrated hardship approaching confiscation of the property does not exist. Strict application of the zoning ordinance would not produce an undue hardship to the applicant and does not prohibit the use of the property for residential purposes. In addition, the topographical conditions are shared generally by another property in the same vicinity. The Code of Virginia, Section 15.1-495(2)(a) and (b) 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, and that this hardship is not shared generally by other properties in the vicinity. Staff believes that granting this variance would be inappropriate as a demonstrable hardship approaching confiscation does not exist and the topographical conditions are shared by another property in the same vicinity. STAFF RECOMMENDATION: Denial File K:\WP\CNIN',COMDIENTS\H.ARPER 6ZA 136 137E 1370 8 Z 8 I ` 134 9 6$ 7 10 N 9 6 5 11 12 10 4 High Banks Road 2 _ _ "a1 3 1 2 1 1 1 19 \_ 3 5 12 18 \ 13 14 � 15 �°• �ti / 16 R✓�rdo/ 11 4 5 6 ' c� 7 8 9 4 9 5 5 �� 12 10 3 8� � 3 7 4 2 110 6 FVafh' tone co 6 A 1 17 16 3 2 1 18 1 8 v �h 6B Q 7 � �- n air 6 9 2 15 6F o„ 10 11 13 14 16� 6E 1 3A 1� 9spao 6D 7 6C tn 137J 1371 137B nV Rt 6s' 7D IC, 9 �P 9 6 q 11 10 09 �� FoGtiory n R�.• 6 13 VARIANCE #018-96 PIN: 56-1-14 Anthony J. Harper MUST BE TYPED OR FILLED OUT/IN INK - PLEASE PRINT 1. The applicant is the owner (/ other . (Check one) 2. APPLICANT: NAME: ADDRESS TELEPHONE: OCCUPANT: (if different) NAME: / f ADDRESS: TELEPHONE: 3. The property is located at (give exact directions and `zn67iVae State Route numbers): /C/d,� ! 7' f�C ,c'. C;T, le7. 4. The property has a road frontage of 2712,,1,2— feet and a depth of 7W3, r;' feet and consists of exact) t,Cs acres. (please be 3. The property is owned by �,�;r T �z as evidenced by deed from'./i�" recorded (previous owner) in deed book no. .z- on page =-Ze-67 G � of the deed books of the Clerk of the Court for Frederick County. Attach a copy of the deed. page 2 of 5 C I 6. Magisterial District: 7. 14 -Digit Property Identification No_ :/,2 8. The existing zoning of the property is: 9. The existing use of the property is: 10. Adjoining Property: USE ZONING North East el"t Ccruti_ty 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.") 12. List specific reason(s) why the variance is being•-sought_iri terms of: - exceptional narrowness, shallowness, size dr, shape',-o_f'` property, or \ter 'G`'��4� �`- .• exceptional topographic conditions or other extraordinaryrsy:!yr situation or condition of property, or •'� the use or development of property immediately adjacent thereto y _ , 13. Additional comments, if any, ; �l�tf,/��'c'/� /Gil%i��L/ G'/ri.'jL' �� f S l�;•j��' j,%:%> r�� jL -� �jl/ i �L /;' ' � , 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 Property ID# Address •� �OeVr, lC%C fzGG% Property ID# Address Property ID# Address `-��f /tis /jlctrtiTiA_�1?1._, Property ID# Address— 444- Property ID# R, Property ID es -Property ID# -Address -Property ID# _ Address Property ID#- ti Address - operty ID e operty -•acture = ;�ddr�55 • ? ."5.157 ACRE TRACT • + I , 15 I ! s �1 � y'�sY �. •' f sir• c: w iI Alt nO�i it I � I NOTE /? RIW ON ALL LOf L/N£S I fON UTK/T/£S ORWNACC ANO OrNLr'R USES. �/ --!r- .,,NLTH 0 Si•!J 3 h,�::5 i 385 na 199 F/NAL FIAT OPEMON -.`ESTATES INC. SECT/ON''"Y STONEWALL:DISTRICT FREVER/C/f COUNTY VIRGINIA OCT /2 /97/ SC4L H. SAUCE EDENS, G L. S. SHEET2Cc3 ^` ` '> ^-7/ ~- #1W�C-a-/ Z90 u�~&,40»,e 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 �72 DATE SIGNATURE OF OWNER (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF DATE ACTION: - DATE - APPROVAL DENIAL SIGNED: BZA CHAIRMAN DATE: BZA REVIEW DATE: 10/15/96 VARIANCE #017-96 GLAIZE & BRO. LOCATION: The property is located at 133 Premier Place, Lot 3. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 64 -A -9D PROPERTY ZONING & USE: Zoned B2 (Business General) District; Land use - vacant ADJOINING PROPERTY ZONING & USE: Zoned B2 (Business General); RP (Residential Performance); RA (Rural Areas); Land uses - Commercial; vacant; church. VARIANCE: A 35 -foot reduction in the zoning district buffer distance (from 50' to 15'), and a variance waiving the full screen elements of the Buffer & Screening Requirements (165-37). Both variances are for a proposed travel agency business. REASON FOR VARIANCE: The property is small in size, shallow and of an irregular shape. The adjoining property is institutional/churchuse and vacant. The topographic conditions of the site do not allow full screen to be effective. STAFF COMMENTS: The property is zoned B2 (Business General). The development of this property requires a zoning district buffer to be placed on the land when adjoining land in certain different zoning districts. The rear of this property adjoins land that is zoned RP (Residential Performance). Referring to the Zoning District Buffer table, Section 165-37(D)1. of the Zoning Ordinance, a `B Category Buffer" is required. Based on the size of the lot, a full screen is the most viable of the three screening alternatives. This provides for a 50' distance in which 25' is inactive and 25' is active. No building or structure may be placed within this 50' distance. It is important to remember that the intent of the buffer and screening requirements is to encourage proper design of a site in order to protect adjacent uses. Glaize & Bro. Variance #017-96 Page 2 October 7, 1996 With the required 50' zoning district buffer and the 35' front setback established, there is sufficient area to construct a structure in which the principle use is permitted in the B2 Zoning District. The principle use of the property is proposed to be a travel agency office. This is a permitted use within the B2 Zoning District. The area shown in red on the enclosed Site Plan excerpt highlights the area in which a structure can be located. Once again, there is sufficient area in which to develop a business. No hardship exists. 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. This parcel can be developed for business/commercial purposes. In addition, staff is adamantly opposed to the request to waive all of the full screening requirements of the Zoning Ordinance. No exceptional topographical conditions exist on the lot that would constitute a hardship and deem the full screen to be ineffective. There is sufficient area to develop the lot as zoned, and to provide the required 50' distance buffer. Therefore, the required full screen, placed within this distance buffer, would be effective in lessening the possible impacts between the adjoining zoning districts. Once again, no hardship exists. No variance shall be authorized by the board unless it finds that strict application of the ordinance would produce an undue hardship approaching confiscation. Granting this variance would be inappropriate as a demonstrable hardship approaching confiscation does not exist. STAFF RECOMMENDATION: Denial of both variance requests. E . Air CE L-243.70' Lo Ex. SEWER SEWER MH #27-C - SERVICE1 %,366 S.1 GLAIZE BROTH[ k, HANDICAP ZONED: B? t. PARKING SIGNUSE COM�!ERf:►r:l. 5; :fib 17 F 'o' `CNCKS RETE O BUMPER BLOC74. 0 41 ��tQyy�_ 35' B.R.L. � o - 80 of pf1' A�y 7A JUNE H. RUST[ ZONED: RV - USP - USF: VA( AN1 64- ((A)) I ()A 5O,3 �� VARIAINCE #017-96 PIN: 64—A-91) Glaize & Bro. MUST BE TYPED OR FILLED OUT IN INK — PLEASE PRINT 1. The applicant is the owner X other . (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: Glaize & Bro. NAME: ADDRESS P.O. Box 2598 ADDRESS: Winchester, VA 22604 TELEPHONE: 540) 662-2092 TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): 133 Premier Place — Lot #3 Premier Place is located on the west side of Route 522 South — South of the intersection of Route 50 East & Route 522. 4. The property has a road frontage of 245 feet and- a "depth of 106.94 feet and consists of 15,967 SF aCr-as-. '!,(please- be exact) 5. The property is owned by Glaize & Bro. as evidenced by deed from Jasbo, Tnc, F recar:ded, (previous owner)...- �.�`,4;y' ;, f in deed book no. 671 {`: on page �.*of the "deed`:'` books of the Clerk of the Court for Frederick County.. a copy of the deed. .``Attach' 9/18/96 page 2 of 5 6. Magisterial District: 2hawnee 7•. 14 -Digit Property Identification No.: 64 -((A)) -9D 8. The existing zoning of the property is: B-2 Commercial 9. The existing use of the property is: Vacant 10. Adjoining Property: USE ZONING North Vacant East Commercial South Church West Church B-2 B-2 RP & RA 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.") A 35' active/inactive buffer distance variance for a travel agency business is requested. Relief of the distance buffer and full screen elements of the Buffer & Screening Requirements (165-37) is sought. 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 property is small in size, shallow and of an irregular shape. The adjoining property is institutional/church use and vacant. The topographic conditions of the site do not allow full screen to be effective. 13. Additional comments, if any _ 9/18/96 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 prgp'— I (TT -P additional pages if. necessary.) These people will be notified by mail of this application: Please list com lete 14 - digit property identification number) NAME 9/18/96 Page 5 of S 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 APPLICAN 41 ATE q Zc� X79 � - v4r ZE SIGNATURE OF OWNER ��"'�'G G L.-� ` �— DATE 9 Zo L9 9� (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF ACTION: APPROVAL f � DENIAL - DATE - SIGNED: DATE: BZA CHAIRMAN \vim O �`'- � / Iry 142 I I t 06 p O Ic-V so* 6, -Is cF 7-38 C SF cli 308-85' SF -Z. 50' 13OFFM -PI-cPTAt-JCz ry Lit-] e: SEE SHEET 2 OF 4 FOR CURVE TABLE. U. S. ROUTE 522 SEE SHEET 4 OF 4 FOR EASEMENTS FRONT ROYAL ROAD VARIABLE MOTH R/W S49'15'42"E-36.95' S4253'16"W 23.91' C2 _ — So106'12"E C1 65.0o' „ 0540'25 E 64 -((A)) -9B 31.53'U� co, 50' B.a.L_ 10.17' S.O� LO t 1 %ice !v so' e.a.L_ 15,245 SF,,� �o C5 \ 2% rn\t ^r %j 64 -((A)) -9E C8� `13 1. Lot 4 64 -((A)) -9C , 2.9662 ACRES \ N� LO t 2 R 17,366 SF A 7400, N754 S �3` tz .+,1 nh JASBO, INC. & FRED L. GLAIZE, N DB 736 - P 86 ZONED: MHI USE VACANT / / 1� hry / b / h� � h / / �qse 0 OB & F 4, JAG GS�NFp,.A<C Ajs LgC,yJ,5,J86+ �q/lE, i rLT H QF f DOUGLAS C.1-CU6e z 13 CERTIFICATE NO. v 1197 A� SLJ \64 -((A)) -9D Lot 3 \15,967 SF/ h / I 0 C7 / CALVARY CHURCH OF THE BRETHREN 08 280 - P 84 ZONED. RP USE: CHURCH LEGEND B.R.L. Building Restriction Line NOTE: Iron rods found or set at property corners. 0 50 100 200 Graphic Scale in Feet 1"--100' PREMIER PLA CE Plot: FP-96121.dwg DATE: 15 February 1996 Scale: 1"=100' N7637,gF MARs" C9I I I ,%! Land Surveyors, P.L.C. 139 North Cameron Street Winchester, Virginia 22601 v O 1 C4 JASBO, INC. & FRED L. GLAIZE, N DB 736 - P 86 ZONED: MHI USE VACANT / / 1� hry / b / h� � h / / �qse 0 OB & F 4, JAG GS�NFp,.A<C Ajs LgC,yJ,5,J86+ �q/lE, i rLT H QF f DOUGLAS C.1-CU6e z 13 CERTIFICATE NO. v 1197 A� SLJ \64 -((A)) -9D Lot 3 \15,967 SF/ h / I 0 C7 / CALVARY CHURCH OF THE BRETHREN 08 280 - P 84 ZONED. RP USE: CHURCH LEGEND B.R.L. Building Restriction Line NOTE: Iron rods found or set at property corners. 0 50 100 200 Graphic Scale in Feet 1"--100' PREMIER PLA CE Plot: FP-96121.dwg DATE: 15 February 1996 Scale: 1"=100' Sheet 3 of 4 MARs" & ]LEGGE I ,%! Land Surveyors, P.L.C. 139 North Cameron Street Winchester, Virginia 22601 (540) 667-0468 Fox (540) 667-0469