The URL can be used to link to this page

BZA 03-18-97 Meeting AgendaAGENDA FREDERICK COUNTY BOARD OF ZONING APPEALS The Board Room of the Frederick County Administration Building 107 N. Kent Street Winchester, Virginia March 18, 1997 3:25 p.m. CALL TO ORDER 1) Minutes of February 18, 1997 3:30 p.m. PUBLIC HEARINGS 2) Variance Application #004-97 of Lou Ann J. Thompson for a 35' front yard setback variance for a detached garage. The property is located at 160 Headley Road and is zoned RA (Rural Areas). The site is identified with Property Identification Number 92 -A -17A in the Opequon Magisterial District. 3) Variance Application #003-97 of Carroll Construction Co. for a 23.1' side yard (north) and 23.4' side yard (south) variance for additions to the existing structure. The property is located at 1252 Apple Pie Ridge Road (Cara A. Lewin residence) and is zoned RA (Rural Areas). The site is identified with Property Identification Number 42-A-350 in the Gainesboro Magisterial District. 4) Variance Application #002-97 of CFJ Properties (Flying J) for a height variance of 34' and a size variance of 709.63 square feet for a business sign within the Interstate Area Overlay District. The property is located at 1530 Rest Church Road and is zoned B3 (Industrial Transition) District and IA (Interstate Area Overlay) District. The site is identified with Property Identification Number 33-9-1 in the Stonewall Magisterial District. 5) Other MEETING MINUTES OF THE FREDERICK COUNTY BOARD OF ZONING APPEALS Held in the new Board Room of the Frederick County Administration Building, 107N. Kent Street, Winchester, Virginia, on February 18, 1997. PRESENT: Manuel Sempeles, Jr., Chairman, Stonewall District; James Larrick, Jr.,Vice Chairman, Gainesboro District; Dudley Rinker, Back Creek District; Ralph M. Wakeman, Shawnee District; and 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. MINUTES OF DECEMBER 17, 1996 Upon motion made by Mr. Larrick and seconded by Mr. Wakeman, the minutes of December 17, 1996 were approved by the following majority vote: AYES: Mr. Larrick, Mr. Nichols, Mr. Sempeles, and Mr. Wakeman ABSTAINED: Mr. Rinker (Mr. Rinker was not a member of the Board of Zoning Appeals at that time.) --------------- ELECTION OF OFFICERS The election of officers was scheduled as the second order of business on the agenda; however, upon motion made by Mr. Larrick and seconded by Mr. Nichols, the election of officers was moved to the last item on the agenda by unanimous vote. PUBLIC HEARING (3:35 p.m.) Variance Application 4001-97 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. ACTION - DENIED DISCUSSION Mr. Ruddy presented the application and gave background information on the request. He showed colored photographs of the proposed building site. 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 the applicant to come to the podium and state his name. Mr. Stan Paskel came forward. Mr. Paskel told the Board that Mr. Ruddy had said most of what the applicants were looking for. He added that they [the owners] wanted to add a bedroom and bathroom onto the side of the house. Mr. Larrick asked for clarificationon who the owners were and who the applicants were. Mr. Paskel explained that he was the contractor and that the Beelers (William and Diane) were the owners. Discussion followed on what the distance was from the house to the property line, how many homes were in the area, and what was on the back of the house. Mr. Paskel explained that there was a deck on the back of the house, and that a septic tank/drainfield was located in the back yard. They (Mr. Paskel and the Beelers) felt that the area in the back of the house was too narrow (like a piece of pie) to build onto, and that it would be very awkward to have to go through the kitchen to get to the bedroom. Chairman Sempeles asked the Beelers if they were planningto build a garage in the future and whether any other neighbors had garages. Mr. Paskel asked for the purpose of the question. Mr. Sempeles replied that if he asked for an improvement two or three years down the road, it might make a difference. Further discussion ensued on when was the house built, whether the rest of the houses in that areas were uniform, how long had the Beelers lived there, and what would the new addition be facing on the neighbor's house. (At this point, William and Diane Beeler came to the podium.) Mr. Boyd William Beeler stated that he has spoken with his neighbor, who lives in Sterling, Virginia, and that it was O.K. with her if they 3 built onto the side of their house. Currently, her sister and her husband live in the house, and they have no problem with the addition, either. Chairman Sempeles asked the Beelers how many children they have and how many bathrooms and bedrooms the house currently had. Mr. Beeler replied they had two children, one bath and two bedrooms. He added that they wanted the addition to 'look right', not obvious that it was added on. He said that if the addition is put on the back of the house, then the pitch of the roof becomes a problem. Mr. Paskel reiterated on how awkward it would be to add on to the back of the house and the inconvenience of having to go through the kitchen to get to the bedroom. Further discussion followed on who built the subdivision, on privacy fences and live - active buffer issues, and the need to consider the "Grandfather Clause" in this situation. There were no other questions from the Board, and no one else was present to speak for or against the variance request. Mr. Larrick commented that he did not see an undue hardship in this case, and that these hearings were not a popularity contest; there were rules that needed to be followed. Chairman Sempeles added that the people who built those lots built them for the purpose of making money regardless of the size, and that this makes a tremendous impact on an individual and also on a family. He stated that 'I know it's against the rules and regulations of the State of Virginia, but the Board has granted in the past several lots in close proximity to the line in similar situations.' Mr. Larrick moved for denial of the variance. Mr. Rinker seconded the motion. The motion to deny Variance #001-97 passed by the following majority vote: AYES: Mr. Larrick, Mr. Rinker, and Mr. Nichols; NO: Chairman Sempeles and Mr. Wakeman (voted against the motion). BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby deny Variance Application#001-97 of Stan Paskel for a 44.5' side yard variance to build an attached 20'x 20' addition to the property of William and Diane Beeler. ELECTION OF OFFICERS FOR 1997 Action - Re-election of Chairman Sempeles as Chairman F The nomination of Mr. Sempeles was made by Mr. Larrick and seconded by Mr. Rinker. BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby unanimously re-elect Manuel Sempeles, Jr. as Chairman of said Board for 1997. Action - Re-election of James Larrick, Jr. as Vice Chairman The nomination of James Larrick, Jr. was made by Mr. Rinker and seconded by Mr. Nichols. BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby unanimously re-elect James Larrick, Jr. as Vice Chairman of said Board for 1997. Action - Re-election of Carol Cameron as Secretary The nomination of Carol Cameron was made by Mr. Rinker and seconded by Mr. Larrick. BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby unanimously re-elect Carol Cameron as secretary of said Board for 1997. OTHER BUSINESS Mr. Ruddy officially recognized and welcomed Mr. Dudley Rinker as the newest member of the Board of Zoning Appeals. Mr. Rinker replaced Mr. Oren Snapp, Back Creek District. ADJOURNMENT There being no further business, the meeting was adjourned at 4:05 p.m. Respectfully submitted, Manuel G. Sempeles, Chairman Carol I. Cameron, Secretary BZA REVIEW DATE: 3/18/97 VARIANCE #004-97 LOU ANN J. THOMPSON LOCATION: The property is located at 160 Headley Road in Middletown. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 92 -A -17A PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Residential ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Residential and Agricultural VARIANCE: A 35' front yard variance to allow for construction of a garage. REASON FOR VARIANCE: See attached letter dated 2-21-97. STAFF COMMENTS: Within the RA (Rural Areas) zoning district, the minimum setback for an accessory structure is 15'. Section 165-23E of the zoning ordinance states that in no case shall an accessory structure be placed within the front setback yard required for the principle use. The applicant is proposing to build a detached garage 25' from the Duckhorn Lane right-of-way. This would require a 35' front yard variance. In this case, strict application of the zoning ordinance does not prohibit the use of the property for residential purposes. The principal use of the property is residential. 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 160 Headley Road Middletown, VA 22645 February 21, 1997 Dear Sirs: I need your help and consideration on the zoning variance which I request to build a garage next to my home. My father deeded an acre of land to me in 1976. My son, his wife and child have, in August, moved into my home and I found an immediate need for storage space. Unfortunately I have very little area of usable land to be able to build a garage aside from where I am requesting the variance. It is a very difficult acre to position a much needed garage on so this variance would be a tremendous help to me. 1. The front of my house which faces Huttle Road, has a steep slope which would require a tremendous amount of back fill as well as the placement of a garage in front of my house and view would be very disappointing. 2. The pool, septic and drainfield encompasses the back yard. 3. 1 would run into the same easement problems on the south end of my house. I have been a life long resident of Frederick County and I hope you will consider this unusual request so that I can continue the building. Sincerely, ou Ann Thompson Enclosure VARIANCE #004-97 PIN: 92-A- 17A Lou Ann J. Thompson (All zoning is RA) page 1 of 5 APPLICATION FOR VARIANCE .. IN THE COUNTY OF FREDERICK; VIRGINIA. YJ MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner �� other (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: Lo t t- "n n kJc Lct x)NAME : ADDRESS)(,. ADDRESS: rn i N'4 VA 7x�5 TELEPHONE.5, TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): :N The pro erty has a road frontage of feet and a depth of feet and consists of acres. (please be exact) 5. The property is owned by 1 c_n r io as evidenced by deed from — rr. ,wafC kL (prev in deed book no. on page books of the Clerk of the Court for F •a copy of the deed. :_X76') rec of the deed County. Attach z� page 2 of 5 6 . Magisterial District: '( (; U C 7. 14 -Digit Property Identification No.: 92- 8. -8. The existing zoning of the property is: -CI-1 _ 9. The existing use of the property is: Cu-raI 10. Adjoining Property: USE ZONING North I rrn, 0 A East ' l - +p A South Z 9- A 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 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 Y-• r ,r �Y 13. Additional comments, if any ,4T 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- diQit__yroyerty identification number) NAME Y'3 S 4 LW 1r . (h ic�c� Property ID# Address r- Property ID # S l�-t r i NOS K -40,0-n Address 1- Property ID# Dan �rI C' ��e�l-� Address AI-) Property ID Address Property ID -Address -Property ID; -Address -Property ID; -Address Property ID, Address Property ID, dress operty ID# ,r. dress ' �`j' Page 5 of 5 VARIANCE # AGREEMENT f!� 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 APPLIC Ejl / SIGNATURE OF OWNEATE (if other than apppi nt) -OFFICE USE ONLY- BZA PUBLIC HEARING OF - DATE - I APPROVAL ACTION: DENIAL SIGNED: BZA CHAIRMAN DATE: ea;� ;'sty •_�:. • , .��a:�ak•�. •- ..' ,. ' 335 36 5cox 461 Pict 335 1914"76 < MY.. _ Ailis MOW e6w AW ?be abets Plat rrprssenta a Garrey of a Portiou of the land conveyed to Jaeas r`• W. Judy end Anna F. Jvdy by deeds dated 21 March 1966 and i Jane 1968 Pad recorded �. � Mfr';. •.••:.. tit the Frederick County Corset Clerks Offset in Dead leak 343 at lags 516 and tor$* a �. ,.:;i:1�,,�•'� '_�.• S23 respeetitely. The said land fronts the Souttanst side of leckhorm Laseo a short distance i ' F featheast of. VirstaU Roots 636 is *Munn District* Frederick County, Virginia@ `: t x ti and Is Uounded•as fellmot j I 3esianis3 at as iron Pin see is the Sesth line of luckhern Lane (said pia w land by asaatusin3 153' 30' E -.6AA ft. fs'oe Recta 636)1 thenen rich the }� , <«?}"N: .said line of ltsekbota Lana. 9 $8. 301 i - 263.00 ft. to sa iron Pis eat. a corner '; to the Retained lortioni thence Pith three . nor division lides of the Retains ~•;; ies as tolimst S 31. 30' ii - 190.00 ft. to as i:�S8 s !is ant= tbews N • 309 V 268.00 ft. is an Iran Pia sett thence if 31. 30• E - 190.00 ft. to the logisnias.. 1.082 Acres '.ti .,�.�yy-..�..f4•,}�t�� t''sCi7ay.d .,.:. . .. .. . ... . : .••.• . . 3 April 1974 ,�hL.ZH )71 caucus C. LE��?_VARIANCEA?PROVED 19ttAR76 f, AMAW #yU '" r,'. :R. Ronald Berg Deputy Subdivision Administr>,tor G uno e �?.:..�) l,!V.iI tY7Vi IA iL1C.iJGil1= WVL,=. S�rL. •� 1. !•t: " - i f?: �sM1,• , Z This imslrum mt of t • Ij x •t''��• •.._ ,{ writlaq was produasd b ma om the ; . r.�1''!,' ?;'c o�-.-•--a'y °! •. and • with earalicat of c-Jenowl n! the: ' "•' .,; �4 eta Jamesod was , admitted to ra Tors tmp.-sad oy Sac _43-64.1 of • 'tip: S `;. and 53.54 have been ,��: - _-_ - •.;. � , • `. Paid. if asis�asblet ....-- --- • -- � � I C • BZA REVIEW DATE: 3/18/97 VARIANCE #003-97 CARROLL CONSTRUCTION LOCATION: The property is located at 1252 Apple Pie Ridge, and is owned by Cara Ann Lewin. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 42-A-350 PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Residential ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Residential and Agricultural VARIANCE: A 23.1' side yard (north) variance and a 23.4' side yard (south) variance for additions to the existing structure. REASON FOR VARIANCE: The applicant states that "the extreme narrowness of the property in relation to this zoning district prevents any addition to the sides of the existing structure. The location of the septic tank and drainfield prevents any addition to the rear. The structure was built prior to the current standards which render the property unbuildable. The property to the south maintains the proper setback and the property to the north is undeveloped and would be required to meet the current standards. The southern addition is in line with an existing covered basement entrance and, therefore, would not extend into the side yard any further than presently exists. The situation is common to structures built prior to the ordinance and would be in character with other areas of the Apple Pie Ridge." 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 30' from the adjoining southern property line and is legally nonconforming. The northern portion of the building is in conformance with current side yard requirements. The applicant is proposing to build a 30' x 28' addition to the north side of the principle structure. This would Carroll Construction Co. Variance #003-97 Page 2 March 10, 1997 require a 23.1' side yard variance and would place the principle structure 26.9' from the adjoining property line. In addition, the applicant is proposing to place a 6'x 11' addition to the southern corner of the principle structure. This would require a 23.4' side yard variance and would place the principle structure 26.6' 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. File. K:\WP\CMN\COMMENTS\CARROLL.BZA VARIANCE #003-97 PIN: 42-A-350 Carroll Construction Co. MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner other XX . (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: Carroll Construction Co. NAME: Cara Ann Lewin ADDRESS305 Ebert Road ADDRESS: 1252 Apple Pie Ridge Road Winchester, VA 22603 Winchester, VA 22603 TELEPHONE: ( 540) 667-1596 TELEPHONE: ( 540) 722-4194 3. The property is located at (give exact directions and include State Route numbers): On the eastern side of the Apple Pie Ridge Road (737) 5 miles north of its intersection with Rt. 522. -:mow 4. The property has a road frontage of 118.80'-£`;"yj.,. a=- fee depth of 200.61' feet and consists of .3331 acres `an . " (pplee ase be ` exact) 4: a r 5. The property is owned by Cara Ann Lewin as evidenced by deed from Paul D.& Charlotte S. Schnei errecorded in deed book no. 818 (previous owner) on page 0420 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: Sto 1 7. 14 -Digit Property Identification No.: 4-7--A - 3� 8. The existing zoning of the property is: RA 9. The existing use of the property is: Residential 10. Adjoining Property: USE ZONING North Residential 9A East Agriculture RA South Residential West ResidentialR ,pt 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 23.1' side yard (north) and a 3.4' side yard(south)varriance for additions to the existing structure. 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 extreme narrowness of the property in relation to this zoning district prevents any acuitlon to trm StCtS of die existing stracf=rre. The +Oefttion of the septic tank and drainfield prevents any addition to the rear. The structure wa perty unbuildable. 13. Additional comments, if any *See attached 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 Charlotte B & Paul Schneid John Scully IV c/o Fruit Hill Orchards Erik Erdal & Jean M. Faith Addre: 411 -Propel John K & Shirley W. Butler Same as above Vivian B. Unger c/o Wade Dusing Rcacer t MFI. NiMs -Address 1 u G v Roa , Wi Prope ty ID# Ad ress 42000 0000 / 3428 Marcella Dr., Cincinnati Ohio 45248 Property ID# Address-- P.O. Box Property Addre 120E Prope,, raaare: -Propez -Addres 124! -Propex Addres IZ -Proper Addres Proper Addres Proper Addres, Proper Winchester, VA 22604 5s i r. L-lp-.D - 6- J --N a- %W I -typleDie Ridge Rd, Winchester, VA 22603 ;s 4 -1 -n -z W. ,ty Monmouth St., Winchester, VA 22601 ID# 4-7- I ;s 'ty ID# 4Z-Zl-Z s i Apple Pie Ridge Rd, ty ID# Winchester, VA 22603 4Z- s is ty AePLE PSE 9,DGeKp ID# , 1�1� He y Z 2603 4 -2. - 1 -7 - ss ty ID# 3 ty ID# s :y ID# t� Page 5 of 5 AGREEMENT VARIANCE # 003-97 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 ill of the statements and information contained herein are, to,.the best of my knowledge, true. SIGNATIIRE OF APPLICAN! ' ATE SIGNATURE OF OWNER it'd DATE (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF 3-18-97 ACTION: - DATE - APPROVAL DENIAL SIGNED: BZA CHAIRMAN DATE: r` 4 c�9�2 f�qr EX. ONE OR Y FRAME DWELLING Q' 10 �4 O rye. ' PROPOSED ADDI 770N 26.0'X30.0' TIV 42 -A -35s PROPOSED ,ADD/ TION 6.0'X11.0' PLAT SHOWING PROPOSED ADD177ONS 3DOUGLASC. TO THE PREMISES LOCATED AT c1252 APPLE PIE RIDGEROAD STONEWALL MAGISTERIAL DISTRICT ZFREDERICK COUNTY, VIRGINIA DATE: 20 FEBRUARY 1997 SCALE: 1"=30' PLAT: 1252APRR.DWG aMARS�Hf & L ECCELand Surveyors, P.L.G iss North CYmamn suet WkwhwW, vkpua 2M (140) 667-0468 Aox (540) 667-0469 A • L J BZA REVIEW DATE: 3/18/97 VARIANCE #002-97 CFJ PROPERTIES (FLYING J) LOCATION: The property is located at 1630 Rest Church Road. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 33-9-1 PROPERTY ZONING & USE: Zoned B3 (Industrial Transition) District and IA (Interstate Area Overlay) District; Land use - Under development ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Agricultural, interstate highway, and vacant VARIANCE: A height variance of 34' and a size variance of 709.63 square feet for a business sign. REASON FOR VARIANCE: The applicant states that a height increase is sought so the sign can be seen by southbound traffic. Square footage increase is sought so that the sign will be legible to traffic. STAFF COMMENTS: The IA Interstate Area Overlay District, which was adopted in June, 1995, is intended to provide commercial businesses within an identified area the ability to utilize business signs that are in excess of the limits specified in Section 165-30 of the Zoning Ordinance. This flexibility is provided to inform the traveling public of business service opportunities at specific interchange areas. The standards within this article are designed to allow for additional visibility for commercial businesses while minimizing the negative impacts to adjoining properties. The property on which Flying J is developing their travel plaza is within the Interstate Area Overlay District and they are, therefore, permitted to erect one commercial business sign that complies with the requirements of the Interstate Area Overlay District. Flying J Variance Application Page 2 March 11, 1997 The message portion of a commercial business sign within the Interstate Area Overlay District may be as large as 300 square feet in area. Any permitted primary use in this district may erect one business sign that complies with the requirements of the Interstate Area Overlay District. The Travel plaza is considered to be a primary use and, therefore, the maximum size of the sign cannot exceed 300 square feet. The applicant is proposing to construct a sign that is 1,009.63 square feet in size. This would require a size variance of 709.63 square feet. The property being developed is located at the exit 323 interchange area. The maximum business sign height at this exit is 710 feet above mean sea level. The applicant is requesting a 34' variance from this height requirement which would place the height of this sign at 744 feet above mean sea level. Based upon information contained within the latest site plan for this project, the sign is located at a point where the base of the sign would be 652' above sea level. Based upon the 710' limit, this location would allow a sign with a maximum height above grade of 58'. With the requested 34' variance, the maximum height above grade for the sign would be 92'. The sign detail included in the application appears to be inconsistent with the requested height variance. It would be appropriate to compare existing signs when considering this variance request. Also, located at the exit 323 intersection is an Exxon sign. This sign is 128 square feet in size and is 60' in height. When considering its height relative to mean sea level, the sign is 706 feet above mean sea level which is T below the established ceiling of 710'. In addition, the Cracker Barrel sign, which the board recently considered, is 281 square feet in size. The Code of Virginia, Section 15.1-495(2) states that no variance shall be authorized by the board unless it finds that a) strict application of the ordinance would produce an undue hardship; b) that such hardship is not shared generally by other properties in the same zoning district and the same vicinity, and; c) that the authorization of such variance will not be of substantial detriment to adjacent property, and that the character of the district will not be changed by the granting of the variance. Staff believes that granting this variance would be inappropriate as a demonstrable hardship approaching confiscation clearly does not exist. A sign constructed in compliance with zoning ordinance regulations would have excellent visibility in both directions along Interstate 81. Also, the applicant is not limited to choice of location. The commercial business sign could be placed at any location within their 25 -acre property. In addition, a sign of the magnitude proposed would be of detriment to adjacent properties, and the character of the district would be substantially changed if this variance request was to be approved. STAFF RECOMMENDATION: Denial File. KAWPTNIN\COMMENTSTLYING I. BZA VARIANCE #002-97 PIN: 33-9-1 Flying J MUST BE TYPED OR FILLED OUT IN INR - PLEASE PRINT 1. The applicant is the owner other (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: Pa,�% .j NAME: ADDRESS� ADDRESS: TELEPHONE :�l-�jlf�_ TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): StiO-N 7' � ,►A n D Q �" GF I o �+-a � r � j �. �/�cJ O L 4. The property has a road \.f frontage of $7• g % 3 eet and a depth of of I feet and consists of s_ , �fj27 acres . (please be 5. The property is owned by C -P pz�2rla� as evidenced by deed from - recorded (previous own r) in deed book no. 6 on page 2. of the deed books of the Clerk of he Court for Frederick C unty. Attach a copy of the deed. page 2 of 5 6. Magisterial District:�1I&-W, 41- 7 ' 7. 14 -Digit Property Identification No.: o". The existing zoning of the property is: 9. The existing use of the property is: 10. Adjoining Property: USE ZONING North AQe)OV -M e — A East South - —_R A West A21 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.") QN iN�,�Ad� .3 0%'SMA c e7/ez- N kj1>A6o, s"' • 63 Ove 77 m c.GbWc2►.� 7V ,d TVf+2. Cm- r -T, 09 APO? -43 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 Ste[ �✓ CAI" ly -,,5-Z rX/ r, 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: Tease list complete 14 digit property identification number) NAME Address F-0-edL Z36rr Property ID #` a Address ZVI 7_ 14 O• �- 3 6cF Property ID# fiA �pd Address Property ID# 3 Address Property ID Address Property ID Address Property ID; Address Property IDI Address Property ID# Address Property ID# Address Pro ert P Y ID # Page 5 of 5 AGREEMENT VARIANCE , OA -97 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 APPL SIGNATURE OF OWNE: (if other than app -OFFICE USE ONLY- BZA PUBLIC HEARING OF •- DATE - I -� APPROVAL ATE DATE ACTION: LJ DENIAL SIGNED: J BZA CHAIRMAN DATE: 24' 21-V 42' NTERNALLY LL~TE0 PANAftE% l� v 945 FACE SGN W/ FRET SURFACE (� b APPI.EO GRAPHIC'S. AND NTEQAALLY \V� �• LLUTww W/ tERCURY VAPOR U04TNG h w -am cowRauv �o�� UTfl P%WE mooULES V DOLEL.E-FACE, NTERNALLY LLU!1NATE0 'COLNTRY MARKET- SIGN W/ FRET SURFACE APPLE) VNYL LOCO GRAPHICS COUNTRY MAJMT SIGN n s� END VIEW ' DUAL SUPPORT SYSTEM AS REaAZPO PER ENG- INEE N 5PELFICAT06 SCALE= 1/8'-T-0' I!'ICI'"1!'fllloZ71� aNI1�311V INSTALLATION DETAILS OJSE 3000 P51 W& OAK CONCRETE N OOLBLE-FACE. NTERNALLY LLLMATED L*MTIRBED SOL HICH RCE SIGN WITH SKYLNE PRODUCTS GAS piANG A97O3.FJ THIS IS AN ORIGINAL UNPUBLISHED DRAWING, SUBMITTED CLIENT FLYWC J TRAVEL PLAZA APPROVED FOR YOUR PERSONAL USE, IN CONNECTION WITH A PROJECT ADDRESS DATE BEING PLANNED FOR YOU BY FEDERAL SIGN. R IS NOT TO DESTINATION WNLIESTER, VA. SCALE %J r-O'(SETIP) BE REPRODUCED, COPIED OR EXHIBRED IN ANY FASHION w(THOUT wwTTEN PERMISSION of FEDERAL SIGN. ID ACCOUNT REP. KIN MkQIW APPROVED o a , @M DESIGNER DAR DATE Division Federal Signal Corporation DISTRICT ARLNCTON SHEET# OF SKETCH N0. A1170321-1