BZA 12-16-97 Meeting Agenda•1 5
AGENDA
FREDERICK COUNTY BOARD OF ZONING APPEALS
The Board Room
Frederick County Administration Building
107 N. Kent Street
Winchester, Virginia
December 16, 1997
3:25 p.m. CALL TO ORDER
1) Minutes of November 18, 1997
PUBLIC HEARING
2) Variance Application #016-97 of John E. and Ada E. Bentley for a 12 -foot rear
yard and a 6 -foot side yard setback variance for the addition of two bedrooms and two -
car attached garage. The property is located at 118 Meadowview Court, and is
identified with Property Identification Number 65E-7-5-40 in the Shawnee Magisterial
District.
3) Other
MEETING MINUTES
OF THE
FREDERICK COUNTY BOARD OF ZONING APPEALS
Held in the Board Room of the Frederick County Administration Building, 107 N. Kent Street,
Winchester, Virginia, on November 18, 1997.
PRESENT: Manuel Sempeles, Jr., Chairman, Stonewall District; James Larrick, Jr.,Vice Chairman,
Gainesboro District; Harold Nichols, Opequon District; Ralph M. Wakeman, Shawnee
District; Dudley Rinker, Back Creek District
STAFF
PRESENT: Michael T. Ruddy, Planner II; Carol Cameron, Secretary
CALL TO ORDER
Chairman Sempeles called the meeting to order at 3:25 p.m.
MINUTES OF OCTOBER 21, 1997
On a motion made by Mr. Larrick and seconded by Mr. Rinker, the minutes for the
October 21, 1997 meeting were unanimously approved as presented.
OLD BUSINESS
Continuation of Variance Application #015-97 of Lloyd and Gail Winters for a five
foot side yard setback variance for an addition to an existing detached garage. The property is located
at 253 Ruebuck Road, and is identified with Property Identification Number 23-2-1-41 in the Stonewall
Magisterial District. A motion was made for approval of this request at the October 21, 1997 meeting
but failed due to a tied vote. This application was subsequently tabled to the November 18, 1997
meeting.
DISCUSSION
Mr. Ruddy gave a brief overview of the variance request. He also reminded the Board
that if they were to consider a new motion, they should not consider one that has already been brought
to the table.
2
Chairman Sempeles asked Mr. Winters to come to the podium and give a synopsis of
his request.
Mr. Lloyd Clayton Winters, applicant, came forward to speak. He stated that he wanted
to add onto the current structure rather than build a new structure for additional storage space. He
asked the Board if Mr. Nichols had seen the pictures [photographs of the property presented at the
October 21, 1997 meeting].
Mr. Ruddy showed the photographs of the property to Mr. Nichols and gave a short
explanation.
Mr. Nichols asked how far the garage was from the next house, and Mr. Winters asked
whether he meant with the addition or without. Mr. Nichols replied `both ways'. Mr. Winters replied
that now, without the addition, from the garage to the property line is 24' and from the property line to
the house is approximately another 24 to 30 feet, for a total of about 50 feet. He added that his
neighbor has no problem with the proposed addition because it is graveled now and he parks a vehicle
there.
Chairman Sempeles followed with questions on how many children the applicant has and
whether the house is one-story or two.
Mr. Nichols asked about the septic tank around back. Mr. Winters confirmed that he
was unable to add onto the back of the garage due to the septic field. He added that at the last meeting,
the suggestion was made to remove the center wall, build out from there and add a wider door but that
is a weight-bearing wall.
Chairman Sempeles asked about what type of equipment would be stored there (snow
blower, lawn mower?) and how many vehicles he had. Mr. Winters replied that the equipment was
stored in a utility shed, and that two family vehicles would be stored in the garage; the company truck
would be stored outside.
Mr. Larrick asked Mr. Winters how precise the five feet was in terms of how much space
he actually needed. Mr. Winters said he had looked at that and if he went nine feet, it would keep him
right at the 15 -foot mark and an eight -foot door would not leave him enough room to frame it. Mr.
Larrick asked if 4' 11 " would work, in view of the fact that a motion for granting a five-foot variance
could not be made again, as previously stated. Mr. Ruddy added that the request could not be amended
to more than five feet because it would require re -advertising and another public hearing.
Mr. Winters amended his request to a 4' 11" side yard setback variance.
Mr. Wakeman made a motion to approve the request as amended for a 4' 11" side yard
setback variance. Mr. Nichols seconded the motion. The motion passed by the following majority vote:
3
AYES - Mr. Wakeman, Chairman Sempeles, Mr. Nichols.
NAYS - Mr_ Itindker, Mr. Larnck.
BE Pf RESOLVED, that the Frederick County Board of Zoning Appeals does hereby approve by
majority vote Variance Application #015-97 of Lloyd and Gail Winters, as amended, for 4' 11"
on the side yard setback requirement for an addition to an existing garage.
ADJOURNMENT
There being no further business to discuss, the meeting was adjourned at 3:40 p.m.
Respectfully submitted,
Manuel G. Sempeles, Chairman
Carol I. Cameron, Secretary
A -W NMS\199TNOV 18.BZA
•
C
•
BZA REVIEW DATE: 12/16/97
VARIANCE #016-97
JOHN & ADA BENTLEY
LOCATION: The property is located at 118 Meadowview Court.
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 65E-7-5-40
PROPERTY ZONING & USE: Zoned RP (Residential Performance) District; Land use -
Residential
ADJOINING PROPERTY ZONING & USE: Zoned RP (Residential Performance) District and
RA (Rural Area) District; Land use - Residential and agricultural
VARIANCE: A 12 -foot rear yard setback variance and six-foot side yard setback variance to
construct an attached two bedroom and two -car garage addition.
REASON FOR VARIANCE: The applicant states that the property is too shallow and narrow.
STAFF COMMENTS:
Within the RP zoning district the side yard setback is 10' and the rear yard setback is 25'. The
applicant's proposal would place the building 13' from the rear property line and 4' from the adjoining
residential property. An addition of this size, in this location, will impact the adjoining property. The
applicant currently has approximately 15' to the side of the existing house in which an addition could
be built in compliance with the setback requirements. Furthermore, there is sufficient space to the rear
of the property in which an addition could be constructed in compliance with the setback
requirements.
In addition, note four on the subdivision plat indicates a 10' utility easement along property lines.
Encroachment upon this easement by any structure would not be permitted.
Variance #016-97, John & Ada Bentley
Page 2
December 8, 1997
In this case, strict application of the zoning ordinance does not prohibit the use of the property. The
property is zoned residentially and the property is being used, principally, for residential purposes.
Furthermore, it would appear that there is sufficient space on the property to locate the addition in
conformance with the setback requirements of the Zoning Ordinance. 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.
O:\AGENDAS\BZA\COMM ENTS\BENTLEY.BZA
Tax Map 54 Tax Mau 55
Tax Map 64 Tax.Map 65
Variance #016--97 PIN: 65E-7-5-40
John & Ada Bentley
Pagt 1 of 5 APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
1. The applicant is the owner
other (Check one)
2. APPLICANT:
OCCUPANT: (if dirM
/
NAME• v� f ,) F _,v le
460
NAME:
ADDRESS
ADDRESS: v ANO!/+ c9
TELEPHONE: G ' G f
3. The property is located at
State Route numbers):
Zj
TELEPHONE •
(give exact directions�nc include
[' _ /J fP/i i�i�''� '✓T l/ l{�J([c� a C
f r A% 1 Ge f`..iS�� 'iVSc�Ns1.PA/y1-1% C ;.)4"5e11'4.1 of
1�1�C?—_1.lrYPt.✓NiG�I:� �1"a ilF,f
17a
,Al CS� Q Tr�.�i y ,if%i/e
G/ +// /
rhe jorafer�T i s /u c q /,- -"N fG,P
Cad- c�c��Sac cr � <'G` cpNc7 r � !4?cNa c�v�� i/ir:✓ C'o�rj!
4. The pro erty has a road frontage of 3i,1,5' feet and a depth
Of 9o,6y .)v , S7 feet and consists of /i ,.3k. sr. jC/-- (please be
exact) P
5. The property is owned by �4AI 'Le
as evidenced by deed from 1ri,r %j. Trecorded
(previou owner) (sr -,W)
in deed book no. on page q'Z— 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:
7. 14 -Digit Property Identification No.: �; J Q 0 - %— ,j0y GCS li
8. The existing zoning of the property is: �r�s;�P,✓7eti��
9. The existing use of the property
10. Adjoining Property:
1ISE
ZONTNQ
North R[Gs,d��!'c° �FSidrr✓/'�n
East _� , , ,%E �z e 2 P
South
West Fa r,v1
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.")
! i /? % n - I b -r l r -t/ti l'Gl L �-t ( -/ q sG , F a J X" , S'. I! E l/G, Y el
J rt x,, r✓
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
41tji- °` u i
13. Additional comments, if any
CS, ,
s
pap7dS
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 notifd by mail of this application:
NAME �� v * S4� „� v� S� F ,,., <
Address -i 13 '0
f
Property ID# ,rO C- 7 -- _TO f? O- 0036
W! ,ve h �,S i;� ►�,
U�
2 a 6 o Z
NAME � ��,' F f ! <
Address f
C f
Property ID# 65,E Cc, - 7 -- .5 ooc-) -- 0 3 7
U), IVC_ �S ev,
V'r,,
-2,2) ' + G Z
NAME _Y ;V , i t- 4,/, ,r a F- Y
Address ,yi
e? y C Z
Property ID# ; Z c7�0 - 7 -- ,500 c) Do ;3 S
! � � , , s c'; 1
��� ,
o� 4 70 2 -
NAME
NAME i ;- t i S�ni��✓ ,. � ✓ r V .,
Address / /(- r
k;
'i
Property ID# 14 5 a, - 7 `.;;�C CSD - I>C � y
W J'4 e-li et � f � r;
k/4
0 z
NAME ✓ �o i F' << v �,�
Address � ruJ
GI
Property ID# rQ0- 7- L)0
U)tIVC- `ic',:i Z`er,
2-
NAME k uY%= ✓
Address / illeo
Property]]D# " v S C C'C' �- ,
(,v r✓ G �'-% 'l ; 1.
�,
a; 6 ,
Address L yG S
Property ID# .. ��C%c (J -- i�} - C70 C)O - C' / 7, ,
�'e'/y .'U CA e _i ter)
C4 O �
NAME
Property ID#
Address.
NAME Address
Property ID#
NAME Address
Property ID#
IS 6�
Page 4 of 5
15. Provide a sketch of the property (you may use this page). Show proposed and/or existing structures c
the property, including measurements to all property lines and to the nearest structure(s) on adjoinin
properties. Please include any other exhibits, drawings or photographs with this application.
ge
SURVEYOR'S CERTIFICATE
hereby certify that the information shown on this
Plot is based on on actual field survey mode under
my supervision and there are no encroochm r to
or visible easements unless shown,
S. W. Marsh, L.S.
Found
Se I
Pap sats
AGREEMENT
VARIANCE # O ( `
I (we), the undersigned, do hereby respectfully make application, and petition the Frederick
County Board of Zoning Appeals (BZA) to grant a variance to the terms of the Frederick County
Zoning Ordinance as described herein. I agree to comply with any conditions for the variance
required by -the BZA
I authorize the members of the BZA and Frederick County officials to go upon the property
for site inspection purposes.
I understand that the sign issued to me when this application is submitted must be placed at
the front property line at least seven (7) days prior to the BZA public hearing and maintained so as
to be visible from the road or right-of-way until the hearing.
I hereby certify that all of the statements and information contained herein are, to the best of
my knowledge, true.
SIGNATURE OF APPLICANT�_�2 ' '
'� --� DATE
SIGNATURE OF OWNER DATE
(if other than applicant)
BZA PUBLIC HEARING OF
-OFFICE USE ONLY-
- DATE -
APPROVAL SIGNED:
DENIAL DATE:
ACTION-
BZA CHAIRMAN