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BZA 09-17-96 Meeting AgendaAGENDA FREDERICK COUNTY BOARD OF ZONING APPEALS The Old Frederick County Courthouse Winchester, Virginia September 17, 1996 3:25 p.m. CALL TO ORDER 1) Meeting Minutes of August 20, 1996 3:30 p.m. PUBLIC HEARINGS 2) Variance Application #014-96 of William and Mary Hunt for an eight-footrear 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. 3) 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. 4) 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 August 20, 1996. PRESENT: Manuel Sempeles, Jr., Chairman, Stonewall District; James Larrick, Jr., Vice Chairman, Gainesboro District; Oren Snapp, Back Creek 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 3:30 p.m. MINUTES OF JULY 16, 1996 Upon motion made by Mr. Snapp and seconded by Mr. Wakeman, the minutes of July 16, 1996 were unanimously approved. PUBLIC HEARINGS (3:35 p.m.) Variance Application #009-96 of Eddie R. Roberts, Sr. for a 10' side yard setback variance for a 24' x 24' detached garage. The property is located in an RA (Rural Areas) Zoning District at 483 Stephenson Road and is identified with Property Identification Number 44-A-179 in the Stonewall Magisterial District. ACTION - APPROVED DISCUSSION This application was tabled at the July 16, 1996 meeting. Mr. Ruddy reviewed the application and stated that there appears to be sufficient space for the garage to be located elsewhere on the property and still be within the setback requirements. Chairman Sempeles asked Mr. Roberts to come to the podium. 2 Mr. Eddie Roberts, applicant, explained again to the Board why he needed the variance and stated that he had made a mistake on the measurements, that he really only needs a 9 -foot variance rather thy^ the 10 feet he had ori �T'nally ie".Iasste`q. u.a gina1..� ..1 uv u There were no questions from the Board. Chairman Sempeles stated that he had gone out to Mr. Robert's property and concurred with the statement that a lot of the houses have probably been "grandfathered" over the years. There were no other speakers for or against the application. Upon motion made by Mr. Snapp and seconded by Mr. Wakeman, Variance #009-96 was approved by the following majority vote: VOTES (IN SUPPORT OF THE MOTION): Mr. Sempeles, Mr. Snapp, Mr. Wakeman AGAINST: Mr. Larrick BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby approve Variance Application #009-96 of Eddie R. Roberts, Sr. for a 10' side yard setback variance for a 24' x 24' detached garage. Variance Application #012-96 of Richard A. Keeler for a 14" front yard variance for a cantilevered overhang on a constructed house. The property is located in an RP (Residential Performance) District at 106 Camden Drive, and is identified with Property Identification Number 5511-2-1-10 in the Stonewall Magisterial District. ACTION - APPROVED DISCUSSION Mr. Ruddy presented the application and gave background information on the request. He showed pictures of the property to the Board members. Mr. Richard A. Keeler, applicant, came to the podium to speak in favor of the application. He stated that a mistake had been made on the part of two professionals when the measurements were taken, and that was how the setbacks were violated. Mr. Danny Maxwell, adjoining property owner, spoke in favor of granting the variance. Mr. Larrick asked who the two professionals were that did the measurements; Mr. Keeler responded that they were the surveyor and, indirectly, the County inspector. 3 Mr. Ruddy said that there are new survey standards in place now which should alleviate problems like this in the future. There was no further discussion on the application. Upon motion made by Mr. Larrick and seconded by Mr. Wakeman, Variance #012- 96 was unanimously approved. BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby approve Variance Application #011-96 of Richard A. Keeler for a 14" front yard variance for a cantilevered overhang on a constructed house. Variance Application #013-96 of Danny and Sheila Maxwell for a 6' front yard variance for a covered porch. The property is located in an RP (Residential Performance) District at 108 Camden Drive, and is identified with Property Identification Number 55H-2-1-11 in the Stonewall Magisterial District. ACTION - APPROVED DISCUSSION Mr. Ruddy reviewed the application and presented pictures of the property to the Board. He explained why staff believed this request should be denied. Mr. Danny Maxwell, applicant, came to the podium and told the Board about his plans to build a front porch. A brief discussion followed pertaining to how the porch would be built (concrete slab with bricked front) and how many houses were in that area, and how many other houses in the area had covered porches. Mr. Larrick asked for clarification of the measurements of the planned porch. Mr. Ruddy stated that any new construction houses would have to conform to the same setback requirements. Chairman Sempeles called for anyone else wishing to speak in favor of the application to come to the podium. Donald Anderson, neighbor, spoke in favor of the variance stating that he believed the addition of a covered porch would add to the beauty of the neighborhood and would increase property values. F, Mr. Richard Keeler, property owner, spoke in favor of the application. There were no speakers in opposition to the variance request. Chairman Sempeles asked if there was any further discussion. Mr. Larrick stated that the statute does not give unbridled authority. Mr. Larrick said that all but four inches of the request goes against zoning and the B.Z.A. does not have authority to do that under the statute, unless it can be shown that there is an undue hardship. Mr. Ruddy agreedwith Mr. Larrick. Mr. Ruddy felt it was importantto follow the Code exactly on this request because of the potential for a precedent -setting situation in this particular area. Chairman Sempeles stated that this is why there is a B.Z.A... to make a decision, whether it goes against the grain or for the grain, regardless of what the Code says. Chairman Sempeles said that he did not know the legality of it, but there are some fine lines that the B.Z.A. has to overlook. Chairman Sempeles suggested that the request be tabled so that the members could go out and look at the property. Upon a motion made by Mr. Wakeman and seconded by Mr. Snapp, Variance #013-96 was approved by the following majority vote: VOTES (IN SUPPORT OF THE MOTION): Mr. Sempeles, Mr. Snapp, Mr. Wakeman AGAINST: Mr. Larrick BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby approve Variance Application #013-96 of Danny and Sheila Maxwell for a 6' front yard variance for a covered porch. 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 BZA REVIEW DATE: 9/17/96 VARIANCE #014-96 WILLIAM AND MARY HUNT LOCATION: The property is located at 206 Halifax Court, in Fredericktowne, Stephens City. MAGISTERIAL DI TRI : Opequon IERQPERTY ID NUMBER: 75E-1-3-238 PROPERTY ZONING &„ !ISE : Zoned RP (Residential Performance) District; Land use - Residential ADJOINING PROPERTY ZONING & USE: Zoned RP (Residential Performance) District; Land use - Residential VARIANCE: An eight -foot rear yard setback variance for an existing principle structure and attached deck. REASON FOR VARIANCE: The northeast comer of the existing house extends one foot past rear setback line, and northeast corner of an 8' x 26' deck extends eight feet past rear setback line. STAFF COMMENTS: The existing house and attached deck were constructed in the late 1970's. The rear yard setback was, and still is, 25'. At the time of construction, the house and attached deck were built in violation of the rear yard setback requirements. The house is 24' from the property line and the attached deck is 17' from the property line. The current owner is seeking the variance in order to obtain a clear title on the property. Staff believes that the applicant's variance request meets the test for Board of Zoning Appeals approval as specified in Section 15.1-495(b)(1), (2) and (3) of the Code of Virginia. Strict application of the Zoning Ordinance would produce an undue hardship, and approval of the variance request will not have a detrimental impact to adjoining properties or the Zoning District as a whole. Furthermore, in granting the variance staff believes that substantial justice will be done to all parties concerned. STAFF RECOMMENDATION: Approval Location Map for PIN: 75E-1-3--238 Variance #014-96 for William & Mary Hunt page 1 of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner. X other _ (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: WILLIAM and MARY HUN'1' NAME: Ii. AUNT (son) ADDRESS 21000 Gulick Mill Rd. 1,eesburg, VAa oZ i'f%,'�- 7 7 1 - 19 67 --Frame TELEPHONE:703/444-7225 Work ADDRESS: TELEPHONE: 3. The property is located at (give exact direct State Route numbers): 206 Halifax Court _ Freder_icktowne Stephens City, VA 22655 ^' co CS. ins 'a•nci�'�:n. \V Directions: Ayl.or. Road —to Caroline, to left on Rockbridge to eft on Halifax Court. R 50' 4. The property has a road frontage of 57_.99' feet and a depth Of 14,560 feet and consists of .3317 acres. (please be exact) - 5. The property is owned by WILLIAM and MARY HUNT as evidenced by deed from C. WILSON FLETCHER, SR. recorded (previous owner) in deed book no. g?6 01 on page6 7/ 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: Opequon 7. 14 -Digit Property Identification No.: 75E-1-3-238 e. The existing zoning of the property is: Residential kf- 9. The existing use of the property is: Residential 1-8. Adjoining Property: USE o� NTNG North RES RES _ East RES RFs kP South RES RES West RES RFS 11. Describe the variance sought in terms of distance and type. (For example: "A 3.5' rear yard variance for an attached two car garage.") An Eight Foot 8' variance for rear setback line (A) Because N.E. corner of house extends One Foot (1') past rear setback line (B) Because N.E. corner of 8' x 26' deck extends Eight Feet (8') past setback 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 (1) To bring 12 -year-old property into compliance with county ordinance 2) To obtain a clear title (3) Because of shallowness of lot. 13. Additional comments, if any _. V C11y� LOT # 237 239 247 248 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: digit o t e t RUMAXL - NAME Address 205 Halifax Court, Stephens City, VA CALVIN H. and CAROL A. PIPER Propert IL's` 75E-1-3-237 GEORGE ADAM STEIN SHIRLEY A. and KATRINA D. SPIELES VIVIAN A. GILL X ddress 204 IProperty IC ddress-23 roperty ID — Address 217 Property ID. Address Property ID; Address Property M, Address roperty perty I cess rty I Property ID Address Property ID fax Court, Stephens City, VA vas Wythe Avenue PZ -1 -J -Z47 the Avenue E-1-3-248 tephens City. VA Stephens City, VA 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. ti Adjoining Property YOUR PROPERTY A4oWnq Pr rt r tAddl, 1 _-_ _--_____------ -----_Center of Road ------- Reed OW THESE MEASUREMENTS Please see enclosed plat. 0-t --24 - 1 C'K I C} : 1 7RM fJRQ W 'MIS LS TO Ct.1UM THAT ON ULT I3, 1996 7 MADE AN -ACCURAT8 SVRV'!RY 0! TRX rRlMSIS RIlDMM � ' HIREOM ACRO THAT THERE. AAL N EASCHNNTS OR IRNCP CHM8NT9 Vt33!lttr ON TNtr Aiom O'1'Rn 77tAt1 'pMV INO gt;RL�ON. 1 Ttl1_ ,,OT DOES NOT TAU IN FLMD HAZARD 7MIP. PSCORD PUT iR RECORDED IN 6RRD EnOR 441 AT rA 146. i co I � a LOT 246z LOT 247 J 3°45'0 __••- »....��. ee c t4 rt�ot" Hoots su�o v �.►e yToay � 1 � FRAME r � N 20Rti Lor 238 14.450 4 � S c 0> Q •50.00' tttE A 57.99 AOk I HALIFAX COURT (50' Riw) QAVV 1. LOT 23.8 ¢; FREDERICK. . HOS-LOCA.T100 SUR,V Y :,. .. FORST -INIG' III OUTH9 OCA ' ~,STREET ,. h-. ..� W[Ar C t?F 5TFR, VI GINIA (540) 662,9323 MTcL P:At er�roa THIS IS TO CERTIFY THAT ON JU. 23, 1996 I MADE AN ACCURATE SU,..EY OF THE PREMISES SHOWN HEREON AND THAT THERE ARE NO EASEMENTS OR ENCROACHMENTS VISTBLE ON THE rRO11ND OTHER THAN THOSE SHOWN HEREON. nn THTS LOT DOES NOT FALL IN A FLOOD HA7.ARD 70NF. I]1( 1i 6 t' I'(� 1673 RECORD PLAT IS RECORDED IN DEED BOOK 443 AT PACE 346. 1w LOT 248 Box �5 53045'00"E P05..00' ce ` I 0 �n —` shed deck • scree 10.0' ,4 — .: cover porch c 261• 2 STORY in FRAME fn N a 206 LOT 238 36.r 14,450 4. porch B• BRl 0A `1 =50.Do, R=57. gg . Ipf Pf HALIFAX COURT (50' R /W) HOUSE LOCATION SURVEY FURSTENAU SURVEYING III SOUTH LOUDOUN STREET WINCHESTER, VIRGINIA (540) 662-9323 VIRGINIA: FREUERIC OUNIY, SCT. _ This'Lnstrrum 1 u1 wrl ng wr % Produced to 11 un (j{gJ1 LOT 247 U DAVID M. MRSTENAU NO. 1455 1 23 LOT 238 SECTION 3 FREDERICKTOWNE OPEOUON DISTRICT FREDERICK COUNTY, VIRGINIA TM. 7SE-1-3-238 lD �t N H O J OATIs JULY 23, 1996 6CAfLftt I" = 30' OWN. sre FLETCHER /HUNT Page 5 of 5 AGREEMENT VARIANcE # -- 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 contained herein are, to the best of mx knowledge, i SIGNATURE OF APPLICANT/ OWNER_ SIGNATURE OF AGENT (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF = APPROVAL = DENIAL A vC and information true. ACTION: - DATE - SIGNED: BZA CHAIRMAN DATE: (Date) (Date) BZA REVIEW DATE: 9/17/96 VARIANCE #015-96 AARON L. MITCHELL LOCATION: The property is located at 200 Duck Run Lane. From Winchester take Rt. 50 West to Rt. 614; go left on Rt. 614 (Rt. 614 merges with 600); continue on Rt.600 until you reach Duck Run Lane; turn right; Lot # 3 is the third lot on the right. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 70-1-3 PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Vacant ADJOINING PROPERTY ZONING & USE: Zoning RA (Rural Areas) District; Land use - Vacant, Agricultural and Residential VARIANCE: A 10' front yard setback variance for a principle structure. REASON FOR VARIANCE: See attached letter. Specifically, exceptional topographic conditions. STAFF COMMENTS: Within the RA (Rural Areas) zoning district, the front yard setback requirement is 60'. The applicant's request for a 10' variance would place the proposed principle structure 50' from the road right-of-way. In the attached letter, the applicants have expressed numerous reasons for seeking the variance. Staff believes that the principle issue to consider when evaluating this variance request is the existing topographical condition of the property. The lot the applicants plan to build on is more than 10 acres in size. However, the only area of the lot that appears to be developable is the portion that fronts onto Duck Run Lane. The only access to the lot is via Duck Run Lane. The entire front portion of the lot slopes away from Duck Run Lane toward Duck Run. This slope is relatively manageable until you reach the approximate location of Variance #015-96 of Aaron L. Mitchell Page 2 September 9, 1996 the rear of the house. This location is marked by stakes. At this point, the incline of the lot slopes away quite steeply. It appears that locating the house any further away from the road than at its current staked location would be possible, but somewhat challenging. An alternate house layout may be a possibility. The exceptional topographical condition of this lot does constitute a hardship. However, this condition is not unique to only this lot. Other neighboring lots along this side of Duck Run Lane share the same topographical conditions. Therefore, in accordance with the Code of Virginia, Section 15.1-495(b), this variance should not be authorized by the Board as the hardship is shared generally by other properties in the vicinity. Also, the hardship must be created by a strict application of the ordinance. The location of the septic tank, and the initial incorrect location of the proposed house, constitute hardships that are self- imposed. Relief by means of a variance should not be granted as the hardship was not created by strict application of the ordinance. STAFF RECOMMENDATION: Denial, as the hardship is shared generally by other properties in the same vicinity. Location Map for PIN: 70-1-3 Variance #015-96 for Aaron L. Mitchell MUST BE TYPED OR FILLED OUT IN INK..- PLEASE PRINT 1. The applicant is the owner 2. APPLICANT: NAME: Aaron L.Mitchell ADDRESS 103 Stonewall Drive Winchester, VA 22602 TELEPHONE: 540-662-6782 IX other . (Check one) OCCUPANT: (if different) NAME: ADDRESS: TELEPHONE: 3. The property is located at (give exact direcs '`_a`include t State Route numbers): From Winch aster take Rt. 50 West to Rt. 614 Go -Left on Rt. 614 ( Note: 614 m rqes with 600 ) C Q. until you reach a STOP sign. Turn rioht at STOP sign and continue -on Rt. 600 for 1-2 miles, Turn right on Duck Run Lane. Lot #3 is the third lot on the right. Note: approximately 17 miles from Winchester Hosptal. 4. The property has a road frontage of _56.q_—feet and a depth Of feet and consists of acres. (please be exact) 5. The property is owned by Aaron L. & Brenda Mitchell as evidenced by deed from&tersrecorded (previous owner) in deed book no. 4.72 on page 500 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:_Rark rrpp_k 7. 14 -Digit Property Identification No.: 8. The existing zoning of the property is:_gg_ 9. The existing use of the property is: vacant 10. Adjoining Property: USE ZONING North & ri culture RA East vacant RA South vacant RA West residential 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.") IQ' frnnf gard_s ethack variance for house „(principle structure) 12. List specific reason(s) why the variance is being sought in terms of: -- exceptional narrowness, shallowness, size or shape of property, or K exceptional topographic conditions or other extraordinary situation or condition of property, or the use or development of property immediately adjacent thereto 13. Additional comments, if any Please See Attachment 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 froze) the subject property. (Use additional pages if necessary.) These people will be notified by mail of this application: Please list com lete 14 - di it Rroverty identification number NAME Aaaress Wilfong, Greg S. & Sallie 244 Duck Run Lane Star Tannery, VA 22654 Property ID# 70-1-4 Benner, Charles Myron 11 Carol Court, Silver Spring, MD 20904 Property ID# 70-1-2 Gunnel, Hammon J., Jr. PO Box 1497 Pawleys Island, SC 29858 Property ID# 70-1-9 Address Gunnel, Hammon J., Jr. PO Box 1497 Pawleys Island, SC 29858 70-1=10 Richard, Paul & Laura H. 238 N. Pifer Road, Star Tannery, VA 22654 Property ID# 70-A-22 Property IL Address Property IE Address -Property ID -Address -Property ID -Address Property ID; Address Property IDA 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 A0oininq Propert v r 'Addi, $ s tion a Plv erty Line i --------------------L—Center of Rood ------- Road -SHOW THESE MEASUREMENTS PLEASE SEE ATTACH PLAT yaw M'..a q.�+- Beru•ciu t� S 8�' G' 35 E w.,� , � Ct+• c'yn � � ,.�,. � �.. La�Oa V}w.Tt � 4 Z. ` • ��. •� 4 QiG?'�AQQ' OAS.. f O S�G3z• 2�Rtiti� JL1\E� eta p •ie...� F Q r D, 3•y3 yp,.. e F • _ Lr O c'O �� " c.45t�R- • 11.045 Hc_ 10.1 3R • J s..Crt 1. zI 6 C. . 1G0'Da d Ouse - 1 2 od use-12005A SAO, 2 hECT��c W. 13�itt�3ear 180.56 _ _ N- : `•� r, • S Z z'SZ'O'tE /} s ill, • J `s:. 'z'i'43 O�'E "_U3 rx 0 rj r� �a 0.-P.. S . � Z �� tD SLI► N a ST...a �.. 5 F.,... O • C`� = C. Q `p. y� �•� S ? 0) O4'c 1��, �'p oe..a a P.. (; t�. 0 ;V' �,a • tV , c� �, t �VG�\ rl'Ll.?i. �S ¢ tCl� �L `�� moi` S'�S:s" � � �. �•�� 72EOERlCv. CouviTy, Yq. \ �_ ro. �eAc� �8S•G3' s. �5� C _ �.skS, _IT. E3 ti' C.U. G000c C_ S was =BOV�JOn�Y L�raE RG�EErEf..�T To BC G� S �o.�Z'tAt�` ppv+ � �`;9 �zC�Rep Wilk Fltcct�� O.�z To 0 PCS. UATC Qi • • _ 'C •�� Q(. CURVE TRB�E Acc¢i*r �= Z't04� 03. = Z 3'3S 5Y �• 000-x" 35• �r �o.4ZZ Health Department Identification Number Schematic drawing of sewage disposal system and topographic features. PAGE - OF Show the lot lines of the building lot and building site, sketch of property showing any topographic features which may impact on the design of the system, all existing and/or proposed structures including sewage disposal systems and wells within 100 feet of sewage disposal system and reserve area. The schematic drawing of the sewage disposal system shall show sewer lines, pretreatment unit, pump station, conveyance sys- tem, and subsurface soil absorption system, reserve area, etc. When a nonpublic drinking water supply is to be located on the same lot show all sources of pollution within 100 feet. ❑ The information required above has been drawn on the attached copy of the sketch submitted with the application. Attach additional sheets as necessary to illustrate the design. 'V J, ' � c � t tqwa.r r'fgy /V') ? ! �( sr 3a- ,vt t# ,v _iA AID) N73 S W1,4 N I V 1<r 1 LJ C.1 --�JG�} J� �Li �;✓cYll/^•;l;r.r�i i 1 ,'76 : !�!�' pr 7-0 C Q Al `77 V C7-7,0 Al t /?/`'' r ir/ tt 1 L L /) / .'r r 9 U 7-o A"i3 �- U Cf C Y, R VAI The sewage disposal system is to be constructed as specified by the permit ❑ or attached plans and specifications ❑ . This sewage disposal system construction permit is null and void if (a) conditions are changed from those shown on the application (b) condi- tions are changed from those shown on the construction permit. No part of any installation shall be covered or used until inspected, corrections made if necessary, and approved, by the local health department or unless expressly authorized by the local health dept. Any part of any installation which has been covered prior to approval shall be uncov- ered, If neeary, u n the direction of the Department. 7 Date: Z 1 Issued by: This Construction Z Q �� _Sanitaf an Permit Valid until Date: G/ Reviewed by: r Supervisory Sanita'rian --------------------------------------------------------� ---------------------------------- If FHA or VA financing Reviewed by Date C.M.S. 2028 Review "t Supwvfsory Sanitarian %_2A Date Regional Sanitarian _AJJ MCORELAND Traditional Exterior, Handsome Accents 1,882 total square feet of living area Special features ■ Wide, handsome entrance to the vaulted great roam ■ Living and dining areas are conveniently joined but still allow privacy a Private porch extends breakfast area ■ Practical passageway runs through laundry and mud room from garage to kitchen ■ Vaulted ceiling in master bedroom ■ Home has 3 bedrooms, 2 full baths and a 2 -car garage ■ A basement foundation is standard with this design ■ This plan is customizable; see Page 4 for full information MBr; Dining oovered 1S-Ox14-4, 11-8x12-0 Parch Groat Room d rautteea71te9 24-Ox17-0 _vaulted cNltnA_ Kit 12 -¢std -O ' U 8rk 0 11 -6x9 -O ��- - *- ' w� I I A ion L_��P y'Foyer — Br 3 Br Z 11-Ox11-3 I 12-9x11-5 Porch Garage 20-Ox20-7 To order this blueprint use Plan #017-0162 the form on page 83 or phone 60 toll-free 1-800-367-7667 a 4 i G4�:49 p`• b..,.•uWlie 0 4 Z. - • gp.. 4 136.44' c 311 0- 9• O .F. 6L•ISigc �::G .'t'Do S `t ro E �N ro C— �d•%O o. zw-., f•.� scr 5.45�%PcT^ zi � ��• _N• V CoC• 180.58' --- LS 4 R�CMQO�/ Sr...a v 4 ' e..-.- — 140.0 40' + Cr...a Pr• 6 "Duc�'.'Pun `'s • Q Q O •� +=Be�Noncv L..,e RceccwwT Te 8c �o'S 6.92.7 Yleccec, ajc Te < Ov[*•\.wr 2.., IZ's. 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S22'SZ'O'1'E a-1 ex• 47"4''5.0'1 E ? SS, ?� SZ -)'4004Z G• X15.4"1 • LamI c. Zoe. )3• p1, C �S'ti'ZS OS'��5 b 2'19.33' \514' SZ OS' A) . �•Le o. /S9z'Z-D'OSW 54.S4' �`cits lec.sz' ......._ . Page 5 of 5 AGREEMENT VARIANCE __QL __36 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 �Q,esyL�/5. .7�"��jATE SIGNATURE OF OWNER DATE (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF U APPROVAL C� DENIAL - DATE - SIGNED: DATE: 813 6 ACTION: BZA CHAIRMAN August 23. 1996 My wife and I purchased Lot No. 3 in Duck Run subdivision in January of 1995. Our intention is to build a home that will become our permanent residence. We plan on building the house ourselves. as we did 19 years ago with our current Frederick county residence. Our estimated completion time is 12 months. If I may I would like to describe the sequence of events that lead me to this request for a 10 foot variance to the 60 foot front setback requirement. I contracted with Roger's Excavation to install the septic system. Using the suggested house location from the health department we staked out the house in order to establish the location of the septic tanks etc. The septic tank location needed to behind the house in order to get gravity feed from the basement. ( The septic system is a pump system). I established the 60' front setback. I used what I thought was an iron peg indicating the location of the 40' right of way. As a matter of fact I thought I was 66' from the right of way. I applied for my building permit with Frederick county. The building permit indicated a 60 foot setback. N1y excavation contractor cleared the drain field area and the proposed house site. He excavated the rounctation and then set the septic tanks behind the house location. I was informed by the inspections department that my 60 foot setback required verification by a surveyor. I contacted Marsh & Legge to establish the 60' setback from the right of way. It was at this point I realized the proposed house location was 54 feet from the right of way. Repeated attempts at relocating the house site has proven unsatisfactory and thus resulted in me requesting the front setback variance. Despite the fact that this is a ten (10) acre tract there is only one building site. The lot is a steep decline from the front of the lot to a point approximately 250 feet north of the house site. From this point to Duck Run and continuing on the other side of the creek, the property is flat, low and subject to some small stream flooding. This situation forces the house site to be the front of the property. The location of the septic system dictates the east'west location of the house. The setback and the steep incline controls the north- south location of the house. �klo-ving the house east does not improve setback. Xfo,,ing the house north encounters a steep grade. I took A few sample readings that indicate a 3.5 foot decline per 10 foot of run north of the proposed house site. Nlo,,in- the house 10 feet north would increased the north wall (back) by approximately 4 feet. This would result in a 12 = basement wall on the north side. This wall would be completely out of the ground. This would also require the septic tanks to be moved further down the incline. County maps available in the Planning office indicate a 100 year flood area on both sides of Duck Run. however specific distances are not available. With this said I wish to stay as far from Duck Run as possible. The only house build on an adjacent lot in fact experienced the same hardship. The home owner has verbally acknowledged that he required a 20 foot setback variance in order to build his home. This house is located on lot 4. The only adjacent property the could be impacted by granting this variance is lot 9. Lot 9 is located south of lot 3. With a 50 foot setback from the right of way my house would still be 90 feet + lot 9's setback or 150 feet from the nearest possible location of a structure on lot 9. The character of Duck Run subdivision is a rural, most wooded and somewhat remote setting. The lots in Duck Run subdivision are located on a private right way and not a state road. This 10 foot variance would in no way change this character. In summary I believe we have made every effort to position this house on the lot and conform to county regulations. Given the irregular shape of the lot (pie shaped), the location of the drain field and septic tanks and the steep topology of the lot we have placed the house on the only practical location on the lot. Your consideration of this application for a variance is appreciated. Sincerely Yours, � v Aaron & &endallvlitchell