BZA 02-18-97 Meeting AgendaFILE COPY
AGENDA
FREDERICK COUNTY BOARD OF ZONING APPEALS
The Board Room of the Frederick County Administration Building
107 N. Kent Street
Winchester, Virginia
February 18, 1997
3:25 p.m. CALL TO ORDER
1) Minutes of December 17, 1996
2) Election of Officers
3:30 p.m. PUBLIC HEARING
3) Variance Application #001-96 of Stan Paskel for a 44.5' side yard setback
variance for an attached 20' x 20' addition at the property of William and Diane
Beeler. The property is located at 1997 Senseny Road and is zoned RA (Rural
Areas). The site is identified with Property Identification Number 65A-1-1 in the
Stonewall Magisterial District.
4) Other
MEETING MINUTES
OF THE
FREDERICK COUNTY BOARD OF ZONING APPEALS
A called meeting, held in the Board Room of the Old Frederick County Courthouse, Court Square, Winchester,
Virginia, on December 17, 1996.
PRESENT: Manuel Sempeles, Jr., Chairman, Stonewall District; James Larrick, Jr.,Vice Chairman,
Gainesboro District; Oren Snapp, Back Creek District; and Ralph M. Wakeman, Shawnee District
ABSENT: Harold Nichols, Opequon District.
STAFF
PRESENT: Michael T. Ruddy, Planner I; and Carol Cameron, Secretary
CALL TO ORDER
Chairman Sempeles called the meeting to order at 3:30 p.m.
PUBLIC HEARING (3:30 p.m.)
Variance Application #021-96 of Daniel E. Beckwith for a 5' side yard setback variance for an attached
one-story kitchen. The property is located at 709 Dick's Hollow Road and is zoned RA (Rural Areas). The
site is identified with Property Identification Number 41-A-46 in the Gainesboro Magisterial District.
ACTION - APPROVED
DISCUSSION
Mr. Ruddy presented the application and gave background information on the request. He
showed colored photographs of the proposed building site for the kitchen which had already been dug out in
preparation. Mr. Ruddy stated that the staff recommendation for this variance was for denial as a demonstrable
hardship approaching confiscation does not exist.
Chairman Sempeles asked for anyone in favor of the application to come to the podium. Mr.
Daniel Beckwith, applicant, came forward.
Mr. Beckwith stated that he and his wife were asking for five extra feet so they could build a 14'
x 24' addition. He stated that his neighbors were not in opposition to the addition, and that there was no other
feasible place to build the kitchen.
Mr. Larrick asked if there was a kitchen there already and Mr. Beckwith replied that there was
not; that all they had was a hot plate. When asked if anyone lives in the house, Mr. Beckwith stated that he and
2
his family were living there.
Chairman Sempeles asked if they had already put the footers in for the new construction; Mr.
Beckwith replied that they had placed the forms, not the footers.
Other discussion followed regarding who owned the property next door, how many rooms were
in the house, and if there was an upstairs or a basement. Chairman Sempeles asked if they had any children;
Mr. Beckwith replied that they had one child and one more on the way.
Mr. Larrick questioned whether the setback requirements existed on the property at the time the
Beckwith's purchased the property. The current setback requirements did exist at that time. Mr. Larrick also
questioned if they had a deed to the house, and if there was a house on the lot next door. Mr. Beckwith stated
that they held the deed to the house, and that there were two trailers on the lot next to them.
There were no other questions from the Board, and no one else was present to speak for or
against the variance request.
Upon a motion made by Mr. Snapp to approve the granting of a 5' variance, and seconded by Mr.
Wakeman, Variance #021-96 was approved by the following majority vote:
VOTES (IN SUPPORT OF THE MOTION): Mr. Sempeles, Mr. Snapp, and Mr. Wakeman
AGAINST: Mr. Larrick
BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby approve Variance
Application #021-96 of Daniel E. Beckwith, Jr. for a 5' side yard variance to build an attached one-story
kitchen.
OTHER BUSINESS
Mr. Ruddy and the Board recognized that this was Mr. Snapp's last meeting and expressed their
gratitude for his service to the Board. Mr. Snapp had served on the Board of Zoning Appeals for five years. Mr.
Snapp stated that his replacement would be Mr. Dudley Rinker.
ADJOURNMENT
There being no further business, the meeting was adjourned at 3:45 p.m.
Respectfully submitted,
Manuel G. Sempeles, Chairman
Carol I. Cameron, Secretary
BZA REVIEW DATE: 2/18/97
VARIANCE #001-97
STAN PASKEL
LOCATION: The property is located at 1997 Senseny Road.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 65A-1-1
PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Residential
ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District and RP (Rural
Performance); Land use - Residential and Agriculture
VARIANCE: A 44.5' side yard variance for an attached 20'x 20' addition
REASON FOR VARIANCE: The applicant states that he wants to provide adequate space for
bedroom/bath/utility room addition.
STAFF COMMENTS:
Within the RA (Rural Areas) zoning district, the minimum side yard setback for a principal structure,
when adjoining Rural Area land used for residential purposes, is 50'. The existing residence is
situated only 25.4' from the adjoining property line and is legally nonconforming. The applicant is
proposing to build a 20'x 20' addition to the principle structure. This would require a 44.5' side yard
variance and would place the principle structure 5.5' from the adjoining property line.
In this case, strict application of the zoning ordinance 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 confiscation. Staff believes that granting this variance would be
inappropriate as a demonstrable hardship approaching confiscation does not exist.
STAFF RECOMMENDATION: Denial
VARIANCE #001-07 PIN: 05A-1-1
Stan Paskel
MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT
1. The applicant is the owner other rte. (Check one)
2.
4-110
APPLICANT:
NAME : /0 Pose -CL -
ADDRESS b9-9/ / Gc1 10j ,4
o2, V 4 2-Z* 3 7
TELEPHONE: J -10-R.50 - 24,3e_
OCCUPANT: (if different)
NAME: .LtW
ADDRESS:
AI
TELEPHONE:
The property is located at (give exact directions and include
State Route numbers):
Al46 7 ( a/usfwy l o.41p) ,F4sr cG ,!f�lJea-,o sr6F dZO/_'.dX .
. ! �/d Mi[_or-, FeO, 41 / T S !�1 Tisk' ETioly 40/ i -f r 7'' 6S6
jeetA;1y004b &4 D
4. The property has a road frontage of //719-3 feet and a depth
of 07,7(o Meet and consists of .-I acres. (please be
exact)
5. The property is owned by 4-4/4Mi Nc , 1,e
as evidenced by deed from ` recorded
(previous owner) w4-'-•C�
in deed book no. -
on page _� of the.'deed >,
books of the Clerk of the Court for Frederick County.'
a copy of the deed.
Iii �fJJ•fr � i .. ..�I 7 ``_�
page 2 of 5
6 . Magisterial District:
7. 14 -Digit Property Identification No.: 500
8. The existing zoning of the property is:
9. The existing use of the property is: Pe-:)jdF-N7-t4z-
10. Adjoining Property:
USE ZONING
North ph5we'e- /?,4
East RpiPoyTriz- R 4
South IQ� 5 / r7Eil1T r�¢[- IQ 10
West PA -5 A
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 . " )
SIX 2�44D (445,]r 11114141V61E, AA -1
�4 •S
Z�`X _'O 4DOIT1,01V
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
T<ON
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 UroDerty identification number)
NAME
Address
Q C_-4:1h,E_T4ky
A/W J A W,+P-7 M 41v
Property ID# 091UA/ 4 - IJ4 Z2 -/F Z_
Address
81E4D'6"C_k 'S7
-Property ID# �c'i�;crttr' ter, f4 Ze_,�O
-Address 15-115-0 61) O - fi - OE?o� - 0 a C' /
-Property ID# �'-J/•VL�ff STF [/q 2?6o -2-
Address
Address
6SA-2-.6e_)O/—DrIz)6
/9
Property ID#
Address � �5-4 _ Z - Ocelf - 9
Property ID
Address
Property ID
Address
Property ID;
Address
-Property ID,
-Address
-Property IDS
Address
Property ID,O
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 Prooerty YOUR PROPERTY AdjoiMnq Propert
�Addi,
$
�
hon !
o:
[Property
Line i
----------------------=Center of Road-------
Raad
OW THESE MEASUREMENTS
A"
/ N/F ORRICK CEMETARY CO. INC.
5
62020100,#E
"E 3��0
IPS
C) T.S TO ' EPTHArirl
y I WADE AN AC"i'BATS SURVEYON EpnM
$
N PREMISES SIDION IMRE014 AND THAT
Ln NO EASEMENTS OR ENCROACEMNTS VI
HEPEON. ^j V Ov THOSE, SHOWN
�—
55"
� /2 -IS LOT DOES NOT FALL IN A �FLOOD mHAZ ARD
-
17.-431 �t r_-
/9 7ENSENY-ROAD . (RT. 657)
(VARIABLE WIDTH]
HOUSE LOCATION SURVEY
FURSTENAU SURVENIY mmG
STEPHENS CITYj VIRGINIA 22666
REMAINDER OF
LOT 1
H. L. PATTON SUBDIVISION
FREDERICK COUNTY, VIRGINIA
OATIJ � 2q-1989
iCALKi 101=50'
OWN. sri
REV add t dimer,
Page 5 of 5
AGREEMENT
n
VARIANCE V U ( - `'(
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 APPLI
SIGNATURE OF OWNER t 0
(if other than applicant)
-OFFICE USE ONLY-
BZA PUBLIC HEARING OF
IAPPROVAL
J
DATE
t JV DATE
- DATE -
ACTION:
IIIDENIAL SIGNED: BZA CHAIRMAN
DATE:
''y0,9 cNs,y