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BZA 08-18-98 Meeting Agenda
Fae torr AGENDA FREDERICK COUNT' BOARD OF ZONING APPEALS The Board Room Frederick County Administration Building 107 N. Kent Street Winchester; Virginia August 18, 1998 3:25 p.m. CALL TO ORDER 1) Minutes of July 21, 1998 2) Application #016-98, Appeal by Mr. Richard A. Dye of the assignment of an address for a 2.2 -acre lot owned by Mr. David Hicks of Hicks' Contracting, and of the issuance of a building permit for the same property. The property is located at 631 Light Road and is identified with Property Identification Number 20-A-321 in the Gainesboro Magisterial District. PUBLIC HEARING 3) Variance #019-98 of Kentucky Fried Chicken, submitted by KRA Food Service, L.L.C., for a 31.583 -square -foot variance for a standardized, franchised business sign. The property is located at the northwest corner of Fox Drive and Foxridge Lane next to Sheetz, and is identified with Property Identification Number 42-A-195 in the Gainesboro Magisterial District. 4) Variance #021-98 of Kentucky Fried Chicken, submitted by KRA Food Service, L.L. C., for a 15 -foot variance from the inactive portion of the `B" category zoning district buffer, and a 15 -foot variance from the active portion of the `B" category zoning district buffer for additional parking. The property is located at the northwest corner of Fox Drive and Foxridge Lane next to Sheetz, and is identified with Property Identification Number 42-A- 195 in the Gainesboro Magisterial District. 5) Variance #017-98 of Gary and Janice Tusing for a 12.5 -foot side yard variance for an addition to an existing single-family structure. The property is located at 172 Long Meadows Lane, and is identified with Property Identification Number 90-A-48 in the Back Creek Magisterial District. 6) Variance #020-98 of Ralph S. Gregory for a proposed retail optical store. The following variances are requested: 1. A 29.9 -foot front yard setback variance from I-81; 2. A 12.7 -foot front yard setback variance from Aylor Road (Rt. 647); 3. A 25 -foot variance from the active portion of the `B" category zoning district buffer (north property boundary); 4. An eight -foot variance from the active portion of the `B" category zoning district buffer (north property boundary); 5. A 25 -foot variance from the inactive portion of the `B" category zoning district buffer, eliminating the inactive portion (south property boundary); and 6. A variance eliminating the six-foot opaque element of the required full screen along Aylor Road (Rt. 647). The property is located on the west side of Aylor Road (Rt. 647) at the intersection with Double Church Road (Route 641), and is identified with Property Identification Number 75- A-51 in the Opequon Magisterial District. 7) Variance #022-98 of Richard and Nancy Heisey for a variance of 51.54 feet and a variance of 91.32 feet from the minimum lot width requirement of 250 feet at the front set back line; and a variance of 122 feet and a variance of 206 feet from the maximum 4:1 depth ratio requirement. The property is located at 669 Dicks Hollow Road, and is identified with Property Identification Numbers 41-A-40 and 41 -A -40C in the Gainesboro Magisterial District. 8) Variance 918-98 of Hayfield Assembly of God, submitted by Greenway Engineering, for a 55.5 -foot north side yard variance for an addition to the church. The property is located at 5118 Northwestern Pike, and is identified by Property Identification Number 39-A-36 in the Gainesboro Magisterial District. 9) Other Page 2 MEETING MINUTES OF THE FREDERICK COUNTY BOARD OF ZONING APPEALS Held in the Board Room of the Frederick County Administration Building, 107 N. Dent Street, Winchester, Virginia, on July 21, 1998. PRESENT: Manuel Sempeles, Jr., Chairman, Stonewall District; Theresa Catlett, Opequon District; James Larrick, Jr.,Vice Chairman, Gainesboro District ABSENT: Dudley Rinker, Back Creek District; Ralph Wakeman, Shawnee District STAFF PRESENT: Michael T. Ruddy, Planner II; Carol Cameron, Secretary CALL TO ORDER Chairman Sempeles called the meeting to order at 3:30 p.m. MINUTES OF JUNE 16, 1998 On a motion made by Mrs. Catlett and seconded by Mr. Wakeman, the minutes for the May 19, 1998 meeting were unanimously approved as presented. Variance #013-98 of Jimmy and Sharon Smith for a 5.8 -foot front yard setback variance for an existing home. This property is located at 109 Tyler Court, and is identified with Property Identification Number 75D -4F1-87 the Shawnee Magisterial District. ACTION - APPROVED DISCUSSION Mr. Ruddy read the application background and the staff comments, and presented photographs of the property. Staff felt that this was a good example of a case which met all of the conditions for approval. Mr. Jimmy Smith, applicant, came to the podium and explained that he and his wife were trying to sell the property and the discrepancy regarding the setbacks came to light when the prospective buyer had a survey done of the property. 2 Mrs. Catlett asked Mr. Smith if he had a survey done when he bought the house; he replied that he did not. Mr. Larrick moved for approval of the variance as requested based on the reasons given in the staff report; Mrs. Catlett seconded the motion and the motion passed unanimously. BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby approve, by unanimous vote, Variance 4013-98 of Jimmy and Sharon Smith for a 5.8 -foot front yard setback variance for an existing home. Variance #014-98 of Scott & Scott Construction for a 10.6 -foot front yard setback variance for a front porch at a residence owned by Ralph and Tina Castano. This property is located at 1120 Welltown Road, and is identified with Property Identification Number 43-7-11 in the Stonewall Magisterial District. ACTION - APPROVED DISCUSSION Mr. Ruddy read the background information and staff report, and passed photographs of the Castano home, which is under construction, to the Board members. Mr. Ruddy explained that there have been problems with water in the footing foundation, and that the high point of the property is currently being used as a drain field. He also told the Board that not only is the house being built in violation of the setback requirements, but is being built in violation of the building permit. Mr. Scott Wolford, applicant and contractor for Ralph and Tina Castano, came forward. Mr. Wolford explained that the property already has an alternative drain field system on it, a $17,000 sand filter system which has two sand filter tanks plus a drain field. He said that when he first got the building permit, he had the 150 -foot setback but the loader began to sink. The further back they went, the worse it got. Mr. Wolford said that at this point, he was concerned that the sand filter system would not work where it had been installed. He asked representatives from the Frederick County Health Department to come out, and they decided that the system would work where it was. Mr. Wolford decided to move the house forward and explained that according to Mr. Furstenau's original survey, he felt that he was well within the 60 -foot setback which does not require a survey at that time of construction. Once the house had been framed out and the roof put on, Mr. Wolford noticed survey work being done and upon questioning, discovered that the house was now in violation of the setback requirements. Mr. Larrick asked Mr. Wolford if he was aware that the Health Department had no authority to tell him to move the house without getting a new building permit. Discussion followed on the difference between the first house location survey and the second one and whether or not he had consulted with the Planning Department. Mrs. Catlett asked the applicant when did he realized the house was in violation; Mr. Wolford replied that it was after the house was under roof and the windows had been set in. Further 3 discussion ensued regarding when the building permit was changed, when would a new survey be required, whether the other corner of the house is in violation, and the difficulties involved with the water problems. Mr. Larrick asked whether the entire house would have to be torn down if the variance was not granted, or just the porch. Mr. Wolford explained that the porch was the main reason for building this particular house. Tina Castano, the property owner, came to the podium and explained that she and her husband wanted to locate in the Stonewall District because of the schools, and had planned this "dream home" for years. She said that the trusses were built to support the large country porch, and that it was the main feature of the home. After admonition from the Board to Scott & Scott Construction that an issue like this never appears before them again, Mr. Larrick moved for approval of the variance as requested. Mrs. Catlett seconded the motion and it passed unanimously. BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby approve, by unanimous vote, Variance #014-98 of Scott & Scott Construction for a 10.6 -foot front yard setback variance for a front porch at a residence owned by Ralph and Tina Castano. Variance 4015-98 of Bonnie J. Paulsen (Omega Drywall) for a 7.0 -foot side yard setback variance for an existing office/warehouse building. This property is located at 252 Tyson Drive, and is identified with Property Identification Number 43-19-32 in the Gainesboro Magisterial District. ACTION - APPROVED DISCUSSION Mr. Ruddy read the background information and the staff comments, and presented photographs for the Board's review. Staff informed the Board that an additional violation was discovered on visiting the property, that being an inoperable trailer and debris behind the trailer. Staff suggested that the removal of this violation be made a condition of this variance, if approved. Bonnie Paulsen, applicant, was not in attendance. Mr. David Bryce, employee of Omega Drywall, Inc. and representative for Mrs. Paulsen, stepped forward and spoke on her behalf Mr. Bryce explained that the current situation arose when they attempted to build an additional storage building to `get rid' of the trailer and construction materials. When they attempted to obtain a building permit, they were informed that the existing building was in violation of the setback requirements. Mr. Larrick asked Mr. Bryce how long would it take to remove the trailer and the debris. Mr. Bryce replied that it would probably take a few weeks but that, ideally, they would like to wait until after the new building is constructed so they could just move it in there. El Mrs. Catlett asked if there were contents stored there now that would be moved into the new building; Mr. Bryce replied that there were. Upon questioning by Chairman Sempeles, Mr. Bryce replied that there were no other alternative storage solutions, and that they could guarantee that the violation would be cleared up after the new building was constructed and the trailer would either be sold or disposed of. Mrs. Catlett asked for clarification from staff that the variance was being requested only for the existing building; Mr. Ruddy replied that was correct and that the proposed building would not be in violation of any setback regulations. He told the Board that the Planning Department would be receiving a site plan for the property in the near future and prior to approval of the site plan, they would would ensure that the violation had been eliminated. Upon motion made by Mrs. Catlett for approval ofthe 7.0 -foot side yard setback variance on the condition that the trailer and construction materials be removed prior to the issuance of the Certificate of Occupancy and within a six-month time limit, and seconded by Mr. Larrick, BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby approve, by unanimous vote, Variance #015-98 of Bonnie J. Paulsen (Omega Drywall, Ltd.) For a 7.0 -foot side yard setback variance for an existing office/warehouse building. OTHER BUSINESS The Board recognized Rob Montgomery, who was attending the meeting as a requirement of receiving his Communications Badge for an Eagle Scout project. ADJOURNMENT No further business remained to be discussed and the meeting was adjourned at 4:00 p.m. by unanimous consent. Respectfully submitted, Manuel G. Sempeles, Chairman Carol I. Cameron, Secretary AAMINUTES\1998UULY 21.BZA BZA REVIEW DATE: 8/18/98 APPLICATION #016-98 - APPEAL RICHARD A. DYE (RE: Hick's Construction) LOCATION: The property is located at 631 Light Road. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 20 -A -32I PROPERTY ZONING & USE: Zoned RA (Rural Areas), Land use - Wooded area ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Area) District; Land use - Residential and wooded area APPEAL: Appeal of the determination made by the office of the Zoning Administrator in the administration of the Zoning Ordinance concerning the zoning approval for a building permit and address for a new structure on lot 20 -A -32I. REASON FOR APPEAL: See attached list from applicant stating his basis for appeal. STAFF COMMENTS: On June 9, 1998, The Frederick County Board of Supervisors granted an exception to the Subdivision Ordinance that allowed for the creation of a 2.2 -acre lot. Subsequently, Mr. Eric Lawrence, Frederick County Zoning Administrator, approved the subdivision of this lot on June 12, 1998. Following this approval, a building permit was issued for the construction of a residence on this parcel as all applicable requirements for the creation of this parcel had been met. Mr. David Hicks is currently constructing a residence on this parcel. In accordance with the advice of Mr. Bob Mitchell, attorney for the Board of Zoning Appeals, and Mr. Lawrence Ambrogi, Commonwealth Attorney and County Attorney, staff maintains the opinion that the procedure used in approving the creation of the 2.2 -acre lot was appropriate. The Board of Supervisors has the ability to approve variations in, or exceptions to, the provisions ofthe Subdivision Ordinance in cases of unusual situations. Therefore, zoning approval of building permit #793-1998 Application #016-98 Richard A. Dye Appeal Page 2 August 11, 1998 was correct and appropriate. It should be noted that decisions of the Board of Supervisors are appealable to the Circuit Court. The Frederick County Zoning Ordinance does not regulate the assignment of addresses for new structures. Therefore, the Board of Zoning Appeals does not have the ability to deal with issues pertaining to structure numbering. STAFF RECOMMENDATION: Affirmation of the actions of the Zoning Administrator in approving building permit #793-1998. He: O:\Agendas\BZA\COMMENTS\RICH RDYE.APP A 3 ' 19 A 38D 19 A 40 19 A 41A 19 A 38E 9 A 38F 19 A 418 20 A 1 11 A1/ I I A 42 20 A 7A 20 A 1 1 10A 20 A 6 20 A 4A O� 20 1 11 20 A 5 ` 20 A 4 20 1 10 20 A 7 ` 20 112B 20 A 32C 1 12 20 A 32D Q� 20 A 32F v 20 A 32E v A 32 20 A 32 0 A 20 A 32A 20 A 32 20 A 7A 2 A G j} 20 7B 19 A i�dA ,W^ 20 A 9B X20 A /v � 0 A O 20 A 9 Q 0 A /1�72 23 20 A 338 19 A 44 A 11 - -20 A 33C 20 A 31A 19 7 7 N 19 A 45 Area of Detail 19 7 6 W E 19 7 5 20 A 16 S A 3 19 7 9 20 A 12 �O� 19 A 56 19 7 4 �`� A 1 20 A 31 3 20 19 7 3 1 20 A 13• Location Map for 20 -A -32A 500 0 500 1000 Feet Pruduccd by Frcdcrvk Co. John Andrew Light -- S Manning &D—Iop—1, 46 -- 11"nd—f1r, VA, 5-21-98 77 7 \\:Ues\gis\projects\location,\light- APPLICATION FOR APPEAL IN THE COUNTY OF FREDERICK, VIRGINIA MUST BE TYPED OR FILLED OUT IN INK - PLEASE, PRINT 1. The applicant is the owner other L"� (Check one) 2. APPLICANT: OCCUPANT: (if different) Ne-'� ��,� �� t� J ©ulYd e r- ll // AME: G- NAME: A,,/S ADDRESS /J� l� Yom-% � ADDRESS: -Z Dla�ga 4x o e TELEPHONE:70-3 TELEPHONE: ` %`/Z 0 '� e 2-P-2 -S�,6 - � �9j* 3. The property is located at (give exact directions and include State Route numbers): 4. Magisterial District: 6�4, 5. 14 -Digit Property Identification No.: -2-0 - - -3 -�-,.� 6. The existing zoning of the property is: 7. The existing use of the property is: 8. Adjoining Property: USE ZONING NorthR8,C-,Jedd c e- A A East ; South West 9. Describe the decision being appealed. (Attach a copy of the written decision.) 2,OIJ, : ;n ,y A/o oTD t/e l a `F a,,.. /4JJle Ss I -o r l eul 5 1;,i J -d I I n V, 010'A"0"L D"Ic l7! �Uwi /d 10. Describe the basis of the appeal, indicating your reason(s) for disagreeing with the decision. (This may be provided on separate sheet.) 11. Additional comments, if any: X O -1'7L-4 I n 10. Describe the basis of the appeal... The Zoning Administrator has unlawfully approved creation of a nonconforming lot by giving zoning approval for an "Address For New Structure" and a building permit ironiPc attat-hP,IN for a lot v.l�.ich does E- ♦-. r__...,........ -'I . not meet the requirements of the following Sections of the Frederick County Zoning Ordinance: - Section 165-2(A) "In all districts established by this chapter, any new lot, use or structure shall be constructed, developed and used only in accordance with the regulations specified in this chapter." - Section 165-5(B) "No land shall be used, occupied or developed or lots created or altered except in compliance with the terms and provisions of this chapter and any other applicable ordinances and regulations." - Section 165-52(A) "The maximum density permitted on any parcel or group of parcels shall not exceed the equivalent of one (1) unit per five (5) acres as determined by the size of the parent tract as it existed on the date of adoption of this section." - Section 165-54. Permitted lot sizes. "The following types of lots shall be permitted: A. Traditional five -acre lots. On any parcel, lots of five (5) acres in size of greater shall be permitted." he newly created lot is 2.2 acres and is designated 20 -A -32I This tract was formerly a part of tract 20 -A -32A (19 acres) owned by John and Martha Light. The Zoning Administrator has unlawfully given zoning approval for a building permit for the newly created 2.2 acre tract in violation of the following Section of the Zoning Ordinance: - Section 165-5(C) "Any person who proposes to construct or alter any building or use or alter the use of any building, structure or land shall apply for a permit from the Director of Code Administration. Such application shall include all information necessary to determine if the requirements of this chapter have been met. The Director of Code Administration shall submit this application to the Zoning Administrator, who shall certify whether the proposed use is in compliance with this chapter. If such proposed use is not in compliance with this chapter, the Director of Code Administration shall refuse to issue a permit for the use." I disagree with the decisions above because they (1) violate the Zoning Ordinance, (2) conflict with Comprehensive Plan which sought to preserve open space, tree cover, and ensure reasonable spacing of housing in rural areas, and (3) have an adverse impact on the value of my adjoining property (20 -A -31A). 11310 Vale Road Oakton, Virginia 22124 June 20, 1998 Kris Tierney Director Planning and Development 107 North Kent Street Winchester, Virginia 22601 Dear Mr. Tierney: Enclosed is my application for appeal to the Board of Zoning Appeals pertaining to the fact that the Zoning Administrator issued zoning approval for the following for a tract owned by Hicks' Contracting: (1) Address For New Structure, and (2) a building permit (#793-98). The application fee of $250 is also enclosed. By letter of June 10, 1998, Michael Ruddy notified me that my first appeal (#010-98) was removed from the docket of the Board of Zoning Appeals because the building permit was revoked. I understand that the permit has been reinstated with the same defects which were the subject of my first of my first appeal. I request that you order an immediate halt to construction before the builder acquires a property right in the current zoning status of the property and the building permit. It is clear after discussion with counsel and study of the Virginia Code and the Frederick County Zoning Ordinance that the Subdivision waiver which the Board of Supervisors approved for Mr. Hicks does not waive or amend the zoning requirements in Sections 165-52(A) and 165-54 of the Zoning Ordinance. In fact, it is clear that the Board of Supervisors does not have the authority to waive a zoning requirement but has the authority to amend a zoning requirement provided such amendment is found to be in the public interest (Virginia Code § 15.2-2286(7). If one were to take the view that a subdivision waiver could be used to waive a five -acre zoning requirement, how do we give meaning to the zoning amendment process described in § 15.2-2286(7) and the authority of the Board of Zoning Appeals to consider "waivers" (variances) of zoning requirements pursuant to §15.2-2309(2)? Requirements pertaining to "areas and dimensions of land" are clearly zoning requirements in § 15.2-2280 (3) and one must follow the procedures of Article 7 of Chapter 15.2 to change them. A Virginia Supreme Court case noticed at the end of Virginia Code § 15.2-2240 makes clear that the Court feels there is an important "Distinction between local subdivision and zoning regulations." This case is styled Board of Supervisors v. Horne, 215 S.E.2d 453. This citation goes on to say "There is a significant distinction between local regulations governing subdivisions, enacted pursuant to the enabling provisions of this article and those governing zoning, enacted pursuant to the provisions of Article [7] of this chapter." I call attention to this language to reinforce the concept that a broadly worded waiver provision written pursuant to Article 6 of the Code should not be interpreted as granting the authority to "waive" a specifically worded zoning requirement enacted pursuant to Article 7 of the Code. I would also like to call attention to another Supreme Court case cited at the end of § 15.2-2280 under the heading Zoning is a legislative power vested in the Commonwealth and delegated by it... The specific language appears near the end of that section: "It is an overriding requirement of zoning law in Virginia that only the governing body of a locality may zone or rezone [emphasis added] property and then only by ordinance. Laird v. City of Danville." Though the subdivision waiver was a legislative action, rezoning and zoning amendments must be implemented by ordinances enacted pursuant to Article 7 and such action must be in the interest of the public, not for the personal convenience of the owner. I would also like to call your attention to a Supreme Court case at the end of § 15.2-2280 with the introduction "When spot zoning illegal." A waiver for the personal convenience of one owner is tantamount to "spot zoning". The last case I would like to point out appears at the end of §15.2-2286. It reads "Because there must be a uniform application of the regulations, so that the discretion vested by the ordinance will not be arbitrary, and so that the benefits of the discretion will not be bestowed on some and denied to others under like circumstances. Byrum v. Board of Supervisors. In summary, the law makes an important distinction between subdivision and zoning and the Zoning Administrator does not have authority to issue zoning approval for a building permit for a 2.2 acre tract when zoning requires 5 acre tracts unless a zoning variance is approved by the Board of Zoning Appeals or zoning is lawfully amended by the Board of Supervisors. Thank you for your assistance with this matter. Sincerely, "t4j Richard Dye Enclosure 5�� ADDRESS FOR NEW SMUCTURE IJ , ownen1 �a O Ij a 1 hr, cry Pi�oae CU �- f �, Ca= =r: New stmctarc La=tion: Phone # - _ - -.. _-Property Idrad{jcadan Number (PIN)- cam -ca=: - Addrms of New �Q 3 (2 E-�-T �� Struc-srt: D Numi�c cpIicd I== Zcn ng AOOravc COLD L1m. - Nasidc::Cn to �c`:�cofic :c Dbasc U. . Fr% TRS, CXTNIG Dass —,=>9 -rE? Dass: '0 It Darr. 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DISTRI I GM11'•G}Cf7 -_. • L� .. C• /\ ' nn V v'_.0/_�'L J. r'W D. t'!a. SUC•'IJ: Yt}au:':i: JanT r ,. yY 1 : C' G: Ruta: n- a=/.1CA r"r!�� 71 C H �. r: n n r . .^+\i1JC: fSi 7f1 i-JY!+1.�: .:•f. U!Ii� i4�„ ;iiTr �; -,4 C -hf`1: i!a^.tL-.0 IU iake Route 522 i i;ht on Route 600, riot on Route 6015 (Light Ro.-{c", iG` on r is .. 1 C Grid �� ,!111.:; Page 153, 1C r -n,3 , , ! n._ _ 11 11 t l USE Z.. !•rte ��-- JJJ �.J=� '�1 !!L!n !ieSl�Jen a: vJC :.L C: Si rU _L-' -!hi ��il �� 1 - -------------- BUi Idi is `�I 1111 L'J 1_ -1.-_ 30n -! r.�-- .yiJ tJi=YM17V=4_ ['_- 5 . ...-f_ _•__ !,�+i '!f S onv. Roof 10 C_1Qr is X ,i1 *' ti'lr �,QV. •_ �i\ � :\ 4 I11 i•VN! ll!': vrvs\i] .:.yea al" >"r _ h T 1.1JY.1 :1l'r Y!•+_— ..t•V.-iea 2 # Bedrooms « •C1 t`' L•!nn, 2 .ffl TV 4l1RM1 1 '-�-7 Mer`. L'en ycc, � ;3`. X 4�4 . r` r. i ' Ir V"1AL . 000. 00 'C.L1y.- --------------------------------------------------------------------------- �E-b ac -r a tui _cqn Ne Y � ♦•� , . . 1' r e ala �ri�,Yisi .'!5 :! Y'1 1 - . 1: Yii�ir,ic? r;: _ :-+ �`d ocwiuc CLti. i":y D4 a •li!_ ``e-LI'11r_ .. }ll L'U;v;s4 ilr L'! 1-❑rces as •!Ree -.i1.1,_ J•v 4!le !r!•Ll1I y 1�1 ` _' U _ V •7 -!ti. v !i.0--`4jr ---1" ', -- \,A- y,q. 1" * U" �``l �• 0Y7=, �.� ..y ----------------------------------------- rt -----------n------------------ DA'c 77,'-L t.1"r.. _ __- ---41n r•;nr Kll i a r C �y'y - L-- ..A- ,JO- M n o FINRL PLAT ( 320 s;,r MINOR RURAL 5USDIVI5ION _ 37r ' LRNO OF ` 32E JOHN ALAN AND MRRTHR L. LIGHT - GRINESBORO IIISTRICT FREDERICK COUNTY. VIRGINIA �� 37 •7e SITE TAX MAP # 20 -A -32A i ZONE RA USE RESIDENCE A" jc r` !� 31A \ - / Q NITY MIlt�r 1200' SURVEYOR'S CERTIFICATE VICI-'� I, David M. Furstenau, a duly authorized land surveyor, hereby certify that the land contained in this minor rural subdivision is in the names of John Alan Light and Martha L. Light and is all the land conveyed to them by deeds dated June 2, 1972, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 391, at Page 373, and May 7, 1980, and of record in the aforesaid Clerk's O jic7 Y Deed Book 521, at Page 239, respectively. //// / David M. Furstenau, L.S. Owners' Certificate The above and foregoing Minor Rural Subdivision of the land of John Alan Light and Martha L. Light as appears in the accompanying plat is with the consent and in accbrdance-with the'desires of the undersigned owners, proprietors and trustees, if any. I hn Alan Light Mar ha L. Light STATE OF VIRGINIA G SqJSY/COUNTY to -wit: C O , a Notary Public in and for the State of Virginia at Large, hereby certify John Alan Light and Martha L. Light, whose names are signed to the above Owners' Certificate, dated June 10 1998, personally appeared and acknowledged the same before me this ai�l day oft J q; 998, in my State and City/County aforesaid. � N3tary Pub; l,', T _J �l �117yCommissiow: expires: UU ti~ APPROVALS 4SDIVISI IC C TY WINCHESTER -FREDERICK COUNTY VIRGINIA DEPARTMENT N MINISTRATOR ,JAHEALTE ARTM T OF TRANSPORT TION -IG x Gyz sb DATE DA E DAT-- FURSTENAU SURVEYING (540) 662-9323LICI == JUNE 10, 1998 E: I I I SOUTH LOUDOUN ST. WINCHESTER: VA, IF 2 FINAL PLRT DIN' 0 7 FG 0 3 7 9 MINOR RURRL SUBDIVISION LAND OF JOHN RLAN RND MRRTHR L. LIGHT GAINESBORO DISTRICT FREDERICK COUNTY, VIRGINIA N • N0. RAO. DELTA RRC TAN. CHD. CHD. BRG. 1 30D.00' 28000'00" 146.61' 74.80' 145.15' N 56030'00"E 2 350.00' 28000'00" 171.04' 87.26' 169.35' 5 56030'00"W 3 212.50' 18033'53" 68.85' 34.73' 68.55' S 20007'53"E 4 1087.50' 05053'13" 111.74' 55.92' 111.69' S 08022'I3"E 0 0 i 4REA TABULATION BEFORE DIVISION 19.955 AC. AFTER DIVISION 55.59'30" E LOT I'' 2.159 AC, Ft/7- 5 Ft/ RES /e2j• �lS� ROUTE 600 RESERVATION 0.338 AC. 0•0 E R/OVEp F \moo ROUTE 685 RESERVATION 1.066 AC. 4p AC ENING°R l> �Sl O REMA1NING LAND 16,392 AC;. X TOTAL19.955 AC. 01. 40o Fr' / p'LTH O� 116, J O co �F�i G Al RIRSTElLW Ipf 0IF+ NO. 1455 co \ s . s,�ol l�ND SURVO� w o REMAINING LAND �Z LO= 16.392 ACR. w z / TM. 20 -A -32A r� O / Q GARAGE '9 I it O WELL /jPf Ld U EXISTING Z 54.5 3 MOBILE HOME 1 uJ W (n LLI S 0.50'57'. o to a — �' 93.21'E 6' ° � c�j.• N � GU Cp �O�`�sto �t Ipf F- J J n) A;. /�L _ L J ZD 0 0-18.03 m r / rl u1 pa N Og•� $00� / 5 A203o p� � / �1�'TbRAIFE i70030 00"E. 335. -� 154 49' 030'�� 2.159 *ACR. -LTM. 20-A-3211 '5SZ'BRL s A2 857.50' N %n 26.03' Ip' S 63054'31"W 1175.00' Ipf DYE 426/591 RA VACANT FURSTENAU SURVEYING sAt��JUNE 10, 1998 III SOUTH LOUDOUN STRFF:'T gK907PG0380 VIRGINIA: FREDERICK COUNTY, SCT. This Instrument f writing was Wduced o me on the i � day or 19 at 11 and with certill ate of acknowledgment thereto annexed was x Itted to record. Tax Imposed by Sec. §8.1-802 c` $ , and 58.1-801 have been paid, It assessable. 4-'e L "V -'O, Clerk 12. The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the appeal 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:�Ptease list complete 14 -digit property identification number.) NAME AGREEMENT APPEAL # 0 ! 6-9 l ) I (we), the undersigned, do hereby respectfully petition the Frederick County Board of Zoning Appeals (BZA) to overrule the administrative interpretation of the County Zoning Ordinance as described herein. I agree to comply with any conditions required by the BZA. my I authorize the members of the BZA and Frederick County officials to go upon property for site inspection purpose a ut` -T-A)d h Lot o w v? 'f ra--1` a 0-4 - 3 2.� I hereby certify that all of the statements and information contained herein are, to the best of my knowledge, true. SIGNATURE OF APPLICANT DATE SIGNATURE OF OWNER Cf -j a) 42-e-wte,�DATE (if other than applicant) BZA PUBLIC HEARING OF -OFFICE USE ONLY- - DATE - APPEAL OVERRULED APPEAL SUSTAINED File: K\WP\CMMAPPUCATWPEAL Rev. 1/97 ACTION: SIGNED: BZA CHAIRMAN DATE: C� �7 • BZA REVIEW DATE: 8/18/98 VARIANCE #019-98 KENTUCKY FRIED CHICKEN (Sign Variance) LOCATION: The property is located at the northwest corner of Fox Drive and Foxridge Lane next to Sheetz. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 42-A-195 PROPERTY ZONING & USE: Zoned B2 (Business General) District; Land use-' Restaurant under development. ADJOINING PROPERTY ZONING & USE: Zoned RP (Residential Performance) and B2 (Business General) District; Land use - Residential, Convenience Store and vacant VARIANCE: 31.583 -square -foot variance for a standardized, franchised business sign REASON FOR VARIANCE: Narrowness of lot and use of adjacent property STAFF COMMENTS: The Zoning Ordinance requires that no business sign shall exceed one hundred (100) square feet in area. However, special considerations have been given to standardized, franchised signs in that they may exceed one hundred (100) square feet in area but shall not exceed one hundred fifty (150) square feet in area. The applicant is proposing a sign that totals 181.58 square feet in area. This requires a variance of 3 1.5 83 square feet and would increase the area of the sign to 81.58 square feet greater than the one hundred (100) square foot sign. The Code of Virginia, Section 15.2-2309(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. Variance #019-98, Kentucky Fried Chicken Page 2 August 10, 1998 Staffbelieves that granting this variance would be inappropriate as the applicant has not demonstrated that a hardship approaching confiscation exists. In the application, the applicant significantly misrepresents the size of the parcel. The parcel consists of 5.217 acres, not 0.906 as stated in the application. In no way does the size and shape of the 5.217 -acre parcel, nor the use of the adjacent property, cause the need for a variance. Further, the applicant has not demonstrated that a sign constructed in compliance with zoning ordinance regulations would significantly restrict the use of this 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 !!I"./9-/. lao 1844 M+q u©e V i.+D.'ort 64 Variances #019-98 and #021-98 Kentucky Fried Chicken PIN: 42—A-195 Produced by Frederick County Planning and Development. 7-31-98 MANA �� ve �l�b a ,moo► ©��, ..I WiCID TIM- •o \{ili{Iti o iti a��� �1 o !!I"./9-/. lao 1844 M+q u©e V i.+D.'ort 64 Variances #019-98 and #021-98 Kentucky Fried Chicken PIN: 42—A-195 Produced by Frederick County Planning and Development. 7-31-98 Page I of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA 1. The applicant is the owner x )other . (Check one) 2. APPLICANT: KRA Food Service, LLC OCCUI�19NT: (if different) NAME:c o Allen Properties NAME: ADDRESS 1625 Apple Blossom Dr. ADDRESS: Winchester, VA 22601 TELEPHONE: 665-0405 TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): Northwest corner of Fox Drive (739) and Foxridge Lane, South and adjacent to the existing Sheetz Store. 4. The p • has a road frontage of 143.25 feet and a depth of 246 + - eet and consists o 9608 acres. (please be exac S - 2 -7 5. The property is owned by KRA Food service, LLC as evidenced by deed from Russon recorded (previous owner) in deed book no. 907 on page 1670 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: Gainesboro 7. 14 -Digit Property Identification No.: 42-A-195 8. The existing zoning of the property is: B-2 9. The existing use of the property is: Kentucky Pried Chicken 10. Adjoining Property: UJU. ZONING North East South West Sheetz Store Vacant Residential Vacant B2 RP B2 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 -q -3:4s -square -feet -tea ianee- far- a-stanelaraited,-franehisea business -sign. * A 31.583 square foot variance for a s.andardized, franchised business sign. 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 * Sian variance due to narrowness & use of adjacent property. 13. Additional comments, if any See attached sheets page 3 of 5 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: 5700 6th Ave. NAME Henry I & Evelyne Ferris Address Altoona, PA 16602 Property ID# 42-A-196 NAME Property ID# NAME Property ID# NAME . operty ID# NAME Property ID# NAME Property ID# NAME Property ID# NAME Property ID# IKRA Food Service, LLC Address 42 -A -195A Alson H. Smith, III Address 42 -A -195A W.H. Emmert & Sons, Inc. Address 42-4-A George Washington Hotel Corp. Address 42-5-C. CI & C2 Alson H. & Margarette Smith Address 53-A-4 Earl S_ Bailey,Jr. Address 53 -A -42A Michael D. Carpenter Address 53-A-42 1625 Apple Blossom Drive Winchester, VA 22601 248 W. Redoubt Lane Winchester, VA 22603 P.O. Box 2247 Winchester, VA 22604 603-A S. Loudoun Street Winchester, VA 22601 248 W. Redoubt Lane Winchester, VA 22603 851 Fox Drive Winchester_ VA 22603 181 Foxridge Lane Winchester. VA 22603 NAME Jacqueline M. Armstead Address Property ID# 53F-1-1 NAME Linda H. Thompson Address Property ID# 53F-1-14 NAME John B. Kay Address Property ID# 53-1-15 NAME Christopher S. & Julie A. Cotterell Address Property ID# 53-1-28 NAME Harry K. Benham Address Property ID# 53 -A -52C NAME Ron Wolly Address Property ID# 53F-1-24 NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# 101 Fox Court Winchester_ VA 22603 100 Fox Court Winchester_ VA 22603 101 Ridge Court Winchester, VA 22603 100 Ridge Court Winchester, VA 22603 21 S. Loudoun Street Winchester, VA 22601 108 Fox Ridge Court Winchester, VA 22603 Sign Variance Request A sign variance is requested due to the uses of the adjoining property and due to the narrow shape of the property that has triple road frontage. The property is zoned B-2 and is the site of our latest Kentucky Fried Chicken restaurant currently under construction. A 31.583 square sign variance is requested for a sign that consists of three parts: a logo bucket sign, a business pole sign and an announcement cement reader - board sign. We wish to use one sign along Fox Drive and place that sign near the northern entrance shared with the Sheetz store. The southern entrance on Foxridge Lane adjoins property that is zoned RP and is used residentially. Due to the use of this adjoining residential townhouse development, we wish to increase the square footage of the sign place along Fox Drive and have only one major sign on Fox Drive that will be located away from the adjoining residential development. The proposed sign is a standard franchise Kentucky Fried Chicken restaurant sign with a total of 181.58 square feet. The sign is to be placed along Fox Drive near the northern entrance. Single sign size permitted is 150.00 square feet. Three such signs are permitted along Fox Drive totaling 450.00 square fee. We are constructing 268.42 square feet less than allowed, placing the sign ag far from the residential area as the property permits and proposing only one sign standard. The narrow frontage of the property along Fox Drive restricts access to the Kentucky Fried Chicken restaurant. Access_is_provided along-tk north and south roads. The proposed signage.is nearest the northern access point promoting this commercially zoned area as the restaurants main entrance. c: /msoffice/dpjuly/other/steve/001 sign H co ej,; ejo 'to4p 411 G 16 wr Eft S. BiLff TR &3-442A ZMM RP OMW USL REMWK �2 NAKS P WP EIEVAI=4 LOCATION OF SIGN N/F 01WK W. K AM SOW TX 42-4—A zomm 82 ajwm use vxw KFC. NEW IMAGE SIGNAGE STANDARDS Q" 10 PIECE 11 ' READER BOARD CASE & RETAINER PAINTED KFC BEIGE 5' �I r-A■lll v ■■r_AI 1 11 MOUNTING STRUCTURE PAINTED KFC BEIGE URETHANE ENAMEL � t I` LOCATION: WINCHESTER, VA J Design No 25303 Scale ! 14" = V- 0" Date 4/24/98 Created for the approval ot: KFC I fIj THIS OES1G N REMAIN .1. EXCLUSIVE 1PORERTY AMC CANNOT WITHOUT WRITTEN CONSENT n Drawn by: 5 H .- Page 5 of 5 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 DATE SIGNATURE OF OWNER Q.) DATE (if other than applicant) BZA PUBLIC HEARING OF APPROVAL -OFFICE USE ONLY- - DATE - SIGNED: DENIAL DATE: ACTION: C: • BZA REVIEW DATE: 8/18/98 VARIANCE #021-98 KENTUCKY FRIED CHICKEN (Parking Area) LOCATION: The property is located at the northwest corner of Fox Drive and Foxridge Lane next to Sheetz. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 42-A-195 PROPERTY ZONING & USE: Zoned B2 (Business General) District; Land use - Restaurant ADJOINING PROPERTY ZONING & USE: Zoned RP (Residential Performance) and B2 (Business General) District; Land use - Residential, Convenience Store and vacant VARIANCE: 15 -foot variance from the inactive portion of the `B" category zoning district buffer, and a 15 -foot variance from the active portion of the `B" category zoning district buffer REASON FOR VARIANCE: Narrowness of property STAFF COMMENTS: This variance request follows the recent approval of site plan 9032-98 for the construction of the Kentucky Fried Chicken restaurant. The applicant is requesting a 15' inactive zoning district buffer variance and a 15' active zoning district buffer variance. Section 165-37 requires that any development occurring adjacent to property in another zoning district must provide a zoning district buffer. In this case, development in the B2 (Business General) district adjacent to land zoned RP (Residential Performance) requires the provision of a `B" Category. The approved site plan for this project provides for a `B" Category buffer with a full screen. Within the provided 50' buffer distance is an inactive and active portion that is 25' in width, respectively. No activity, other than the screening requirement, may occur in the inactive portion of the buffer. The active portion of the buffer may not be encroached upon by a Variance #021-98, KFC Page 2 August 10, 1998 building or other principal structure or activity. However, accessory activities, such as parking, are permitted in this area. Currently, the drive-thru lane and driving isle are located in this active portion of the buffer. The applicant is requesting the variances to allow for additional parking within the protected zoning district buffer area. The 15' inactive variance reduces the inactive portion to 10' and expands the active portion to 40', maintaining the total distance of the buffer at 50'. In no case shall the total distance of the buffer be reduced. The proposed parking area will significantly encroach on the adjoining residentially zoned property. In addition, the effectiveness of the full screen is significantly reduced. The applicant has provided a diagram that shows the proposed variance. Staff has included a copy of the approved site plan for your review. The site plan was presented to the Planning Commission on July 1, 1998 to allow for a formal review and to allow citizens impacted an opportunity to review the plan. During their presentation, the applicant assured the Commission that the adjoining residential development would be adequately screened, even upon construction of the continuation of Foxridge Lane. When considering other requirements of the approved site plan, the parking currently provided meets the number of spaces required by ordinance. Therefore, the additional parking provided will exceed the number of spaces required. As noted during the sign variance request, the applicant significantly misrepresents the size of the parcel in the variance application. The parcel consists of 5.217 acres, not 0.906 as stated in the application. In no way does the size and shape of the 5.217 acre parcel, nor the use of the adjacent property, cause the need for this variance. Any additional parking that is desired by the applicant may be accommodated to the rear of the facility. Furthermore, future development on this 5.217 -acre parcel would require the provision of Foxridge Lane to a state standard, effectively eliminating the buffer and screening as proposed. Also, a storm channel would be impacted by the additional parking as proposed. The Code of Virginia, Section 15.2-2309(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 firmly believes that this variance is inappropriate. There is no undue hardship and the issuance of the variance would be of substantial detriment to the adjoining residential properties. STAFF RECOMMENDATION: Denial Variance #021-98, KFC Page 3 August 10, 1998 Note: Upon inspection of this property for the variance request, staff observed that the elements of the site plan concerning the buffer had been disregarded. The existing hedgerow that was to be utilized within the zoning district buffer had been eliminated. This is in violation of the approved site plan. The developer of the property will be required to revise the approved site plan to provide for a full screen meeting all of the requirements of the zoning ordinance. 131 62 >20� 025, 2K 1 Na 1I73A 155 10 u S 69 71 f Na 1w tw N 180 IeOA M X41 262 278 �!-/ 189 / 190 k 181 68 µ 61 6x \ 63 / I Variances #019-98 and #021-98 Kentucky Fried Chicken PIN: 42—A-195 Produced by Frederick County Planning and Development. 7-31-98 1 ski �!-/ 189 / 190 k 181 68 µ 61 6x \ 63 / I Variances #019-98 and #021-98 Kentucky Fried Chicken PIN: 42—A-195 Produced by Frederick County Planning and Development. 7-31-98 1 Page 1 of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA 1. The applicant is the owner x ocher . (Check one) 2. APPLICANT: KRA Food Service, LLC OCCUPANT• (if different) NAME : c o Allen Properties NAME: ADDRESS 1625 Apple Blossom Dr. ADDRESS: Winchester, VA 22601 TELEPHONE: 665-0405 TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): [Northwest corner of Fox Drive (739) and Foxridge Lane, South and adjacent to the existing Sheetz Store. 4. The property has a road frontage of 143.25 feet and a depth Of 246 +/- feet and consists of .9608 acres. (please be exact) `- The property is owned by KRA Food Service, LLC as evidenced by deed from Russon (previous owner) recorded in deed book no. 907 on page 1670 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: Gainesboro 7. 14 -Digit Property Identification No.: 42-A--195 8. The existing zoning of the property is: B-2 9. The existing use of the property is: Kentucky Fried Chicken 10. Adjoining Property: IaE ZONING North East South West Sheetz Store Vacant Residential Vacant B2 RP B2 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.") 15',41,Ae * A 15' inactive zoning district buffer variance ander active zoning district buffer variance. 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 * Zoning district buffer due to narrowness of the property. 13. Additional comments, if any See attached sheets Zoning District Buffer Variance A zoning district buffer is requested due to the narrow shape of the property. We expect this restaurant to be highly successful and wish to provide additional on-site parking. Because the site is narrow, the required zoning district buffer reduces on-site parking. A proposed reduction of the inactive portion of the buffer by 15 feet is requested and a proposed increase of the active portion of the required buffer is requested. The active portion is increased to 21.9 feet increasing the overall buffer distance area to 56.5 feet. A landscaped screen is provided with both evergreen and deciduous plants. A landscaped screen can be provided in the 10 foot area providing an adequate visual barrier to the adjoining residential properties. A reduction of the active portion of the zoning district buffer would allow the additional on-site parking. The additional on-site parking would discourage parking off-site for the restaurant use. c: /msoffice/dpjuly/other/steve/001 park 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: NAME Property ID# NAME Property ID# NAME Property ID# 5700 6th Ave. Henry J. & Evelyne Ferris Address Altoona, PA 16602 42-A-196 KRA Food Service, LLC Address 42 -A -195A Alson H. Smith, III Address 42 -A -195A NAME W.H. Emmert & Sons, Inc. Address Property ID# 42-4-A NAME George Washington Hotel Corp. Address Property ID# 42-5-C, CI & C2 NAME Alson H. & Margarette Smith Address Property ID# 53-A-4 NAME Earl S. Bailey, Jr. Address Property ID# 53 -A -42A NAME Michael D. Carpenter Address Property ID# 53-A-42 1625 Apple Blossom Drive Winchester_ VA 22601 248 W. Redoubt Lane Winchester, VA 22603 P.O. Box 2247 Winchester_ VA 22604 603-A S. Loudoun Street Winchester, VA 22601 248 W. Redoubt Lane Winchester_ VA 22603 851 Fox Drive Winchester, VA 22603 181 Foxridge Lane Winchester, VA 22603 i, -,ME Jacqueline M. Armstead Address Property ID# 53F-1-1 NAME Linda H. Thompson Address Property ID# 53F-1-14 NAME John B. Kay Address Property ID# 53-1-15 NAME Christopher S. & Julie A. Cotterell Address Property ID# 53-1-28 NAME Harry K Benham Address ,perty ID# 53 -A -52C NAME Ron Wolly Property ID# 53F-1-24 NAME Property ID# NAME Property ID# NAME Property ID# -AME Property ID# Address Address Address Address Address 101 Fox Court Winchester, VA 22603 100 Fox Court Winchester_ VA 22603 101 Ridge Court Winchester, VA 22603 100 Ridge Court Winchester_ VA 22603 21 S. Loudoun Street Winchester_ VA 22601 108 Fox Ridge Court Winchester, VA 22603 Boy r mmsw9mc. P O. Sox 797 • StephHns City. VA 22e55 (703) 865-7424 Pete Lebe3 Lantz Construction WinchesterNa 22602 iuly 2 1,1998 1 have looked at plan for the Kentucky Fried Chicken on Rt. 522 in Sunnyside and agree with you that the 25' inactive buffer can be replaced with an 9' inactive buffer. 11ye 50' category "B" butler with full screening that is shown on the drawing shows a group of arborvita,� un 3 112' centers with a deciduous shrub 1 o' on center in front of them bordered on euch end with 3 white pines. 'lies will give a quicker and more attractive buffer than the standard white pine smm This is the same layout that i gave to Steve Gyurism tar Willis White's new stArsge building and Mike Rudy with the county planning commission approved this. if you have any questions or if Z can be of any fizrther assistance please let me know. Brent Ebeling Page 5 of 5 AGREEMENT VARIANCE # 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 DATE 00 ---___ SIGNATURE OF OWNER (if other than applicant) BZA PUBLIC HEARING OF DATE -OFFICE USE ONLY- - DATE - APPROVAL SIGNED: DENIAL DATE: ACTION: BZA CHAIRMAN WALL MOUNTED HANDICAPPARKING SIGN PROPOSED ° . s `` 1 F_F SED BUILDING �— 20 - - - BLDG. _84 FT 5 24 DU ENCLOSURE - --- y SEE D SHEET S3 - .0 ° PROPOSED 1 .15.00 °S. i A ''--- WATER MET Ear rMETE LZ -106.73 DO NOT ENTER SIGN 0 2GE D D p D p p DEDT ` \ RElOCATED TREE -- - - RELOCATED --_ D_ _ TREE E)GT SIGN _ _ EX_ TREE TO D p D p D� � -- -- r x� � D p-RE1�AT®- - 30.00 — � C G.E ` �,�; LATER SIGN - cc - - y - m 10 FT. OF EX 24' RCP PLANTINGS FOR FUd SCREEN SHALL. NOT a' wn RELOCATED I BE PLANTED ! IN STM CHANNEL TERMAIN LLITREE_ -_ PROVIDE 8 CU. YDS. V00T EXISTING fi FT. HIGH HEDGE CLASS AI RIP RAP. SEE SECTION A _ TO BE TREATED PER DETAIL 70 fox c0un 5 300 OF FOXRIDGE LANE DEDICATED FOR PUBLIC INGRESS 50 FT. CATEGORY "B" ZONING BUFFER WITH MODIFIED FULL SCREENING SEE D.B. 759 PG. 356 &EGRESS (WHITE PINES -4 FT. MIN. HDGHT) WHITE PINE (3) ARBORVITAE (12) WHITE PINE (4) c c o v o o o c 5 FT. O.C. 6' HIGH, 3.5' O.C. 10 FT. O.C. B® c 4D B Q 0 0 0© WHITE PINE (3) STORM CHANNEL S TO FR M C H A N N L 5 FT. O.C. 17 7 c V 0 V c V c EX. FENCELINE 50 FT - EX. EOP EXISTING TREES 3" DW. TO REMAIN. CONTRACTOR TO FOX RIDGE LANE CLEAR UNDERGROWTH AND PROVIDE SEEDED LAWN. PLACE WHITE PINE CLUSTERS AT 50 FT. INTERVALS (MIN.) EXACT LOCATION MAY VARY UPON REVIEW OF EXISTING TREE LOCATION. CONTRACTOR TO COORDINATE WITH FREDERICK COUNTY PLANNING STAFF AND FOXRIDGE HOMEOWNERS ASSOCIATION FOR EXACT LOCATION. rnvn,nnr MIAITAPT• DrAl wnnl ry DIJr1AIG R7R_A9l0 MOT TA UAi C F.X. S.S. MANHO-E / BOTANICAi ✓� PROP. . SiR_ ; ' EK 5! INV.=815.00 TYPE: DI -3B Di TOP=b_ 14, INV.=814.90 RIM=821.60 INV =B i,5 N/F INV.=818.75 THROAT=6 FT. EARL S. B4ILEY T. M. 53 -A -42A ZONED: RF' CURRENT USE: RESIDENTIAL BOTANICAi ✓� GLEDITSIA TP - AN! ZELKOVA SEPkr ILEA CEFNA% F'INIi TR;h'i RDAHrING LAID ; OF M=N Ss p i, IDIS 9-2 MW USE: IhlfW `` D4PJX D 6.215 AUS -195 ~` l —>^�1'yh-1 •.Vis � � \ V am ,moo 4GWo4jPH,fCSCAL,F 40 20 0 40 80 (/NfFET J 1 inch s 40 ft. RP Zoning 82 Zoning Existing Treeline o Full Landscape Screen 12 m C fs w C CL WF ENL S. BLIT 1 TY 53 -A -4.A us:- TJfED: RP CIiiND1f 2�K — N� - �L L wi AD Proposed Porki /Drive Thru Area Approved Pavement Limits SECTION A -A NO SCALE KFC Building Site El I5 �/WKS 2 VAM Wp EIFVrEUM24 I EYWW B. K AND SONi4 TY 12-4-A M111- 82 ajmff USE VXw WF ENL S. BLIT 1 TY 53 -A -4.A us:- TJfED: RP CIiiND1f 2�K — N� - �L L Proposed Porki /Drive Thru Area Approved Pavement Limits SECTION A -A NO SCALE KFC Building Site El I5 �/WKS 2 VAM Wp EIFVrEUM24 I EYWW B. K AND SONi4 TY 12-4-A M111- 82 ajmff USE VXw • C C BZA REVIEW DATE: 8/18/98 VARIANCE #017-98 GARY AND JANICE TUSING LOCATION: The property is located at 172 Long Meadows Lane. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 90-A-48 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: 12.5 -foot side yard variance for an addition to an existing single-family structure REASON FOR VARIANCE: See Attachment A. STAFF COMMENTS: Within the RA (Rural Areas) zoning district, the minimum side yard setback for a principal structure is 50 feet when the property is adjoining land used for residential purposes. The applicant is requesting a 12.5 -foot variance to place an addition, included a deck, onto the side of the principal structure. This would place the principal structure 37.5 feet from the adjoining property line. The existing structure is located 65.6 feet from the adjoining property line. Therefore, an addition of 15.6 feet could be place attached to the structure without the aid of a variance. In addition, it would appear that in this case the applicant is not limited to choice of location. It may be feasible to place the addition at another location on the property in compliance with zoning ordinance requirements. Furthermore, the property is currently being used for residential purposes. In this case, strict application of the zoning ordinance does not prohibit the use of the property. The property is being used for residential purposes. Also, it would appear as though there is sufficient space on the property to locate the addition in conformance with the setback requirements of the Variance #017-98, Gary & Janice Tusing Page 2 August 10, 1998 Zoning Ordinance. The Code of Virginia, Section 15,2-2309(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 that would significantly restrict the use of the property clearly does not exist. STAFF RECOMMENDATION: Denial r,, Page 1 of s 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 other . (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: GRR t J t4N/ CE �US/ NAME: ADDRESS Po, G.,< 3 W ADDRESS: AjtDPLC7QW,u, V-4 2,a64,5_ TELEPHONE: 5-V-0 q6'/ 3o l 2- TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): �- I %02 Lowl z /1/L�A[�DWS LA,�/L (fir: iQ7- APPRoX marc y 1 tyliLE ,, c, u-, If OF 44t1fA4-Toay VA.. rabeERZT / L 5 S�/Oi✓D h'DIIS OW i M R ICIYL, 4. -The property has a road frontage off�� p feet and a depth of IV/,._32—feet and consists of acres. (please be exact) 5. The property is owned by &,4x V L 4- S IAA f as evidenced by deed from}(�y���� y CHgR/-�'lr� LzF�cr�ecorded � (previous owner) f ,. in deed book no . !?L� 6 on page ��j �� the �¢F,ee books of the Clerk of the Court for Frederick Cou y. a copy of the deed. CC) Page 2 of 5 6. Magisterial District: 7. 14 -Digit Property Identification No.: 9�-- 8. The existing zoning of the property is: kA 9. The existing use of the property is : _ !'( ES' 1 DQV7/ d l- 10. Adjoining Property: USE North RES r P,5 -,v F",4 L RA East f-7 /DE�77 4 1. South ,rs PE -h(7-1,4 I West RES DE11(7ia- 1A6n2(C,v1-Tuz i- RA 11. Describe the variance sought in terms of distance and type. (For example: "A 3.5' rear yard variance for an attached two car r garage.") // // ��// �/ _n I I ,4 /�S �C� S ('C/a k -a �'t&hC� �r I it'd- �`�( LTL (FYI tW 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 S L t k r7A r /l l" , -Al T A n Ni 13. Additional comments, if any T � ,a,O� v Pap 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, Rise additional pages iAF necessary.) These people will be notifd by mail of this application: NAME / L-ry 1d Cyt -=-R L Address. FA �a n o�vws J-0,17 9Property ID# 1 � ' � I NAME e- ++& -�' w dl.r Address 1.5�-_L.A4 M"� Lv s h0_ Property ID# NAME Alk s. /� a b e,* Property ID# 1 D NAME Property ID# Address F . 0 .� x (V1.,bbLI�' roVJN, '4 as Address S La ri I Me -A- 4 ryt , dcQIQ-+�W h, VA- NAME C har- les 4 13 e r t ter Mr ( a -v- Address Ap L n q M RUL S �P_ Property ID# 9 Q— A— rn L "Ie_ -4 w nj VAs- NAME Property ID# NAME Property ID# Address Address NAME Address. Property ID# NAME Address Property ID# NAME Property ID# Address 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. e E -IC-- Iq ri �4C /J m cAv7- G- j „ pLR7 w,Til —rPE 4-S egg 7 S cat,& sus YO A)D 14ITP C H m LN7 C --3 w kJ /C-// S/Yz) cvs U�VL�4�L DF-siGN ANv 410U, -C) 7-�`fW 1fvPj77oaJ, Pago 5 of 5 AGREEMENT VARIANCE #QrI64 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 DATE r/ d SIGNATURE OF OWNER (if other than applicant) BZA PUBLIC HEARING OF DATE -OFFICE USE ONLY- - DATE - APPROVAL SIGNED: DENIAL DATE: ACTION: WOM 61 0 M1' ATTACHMENT A Variance Application Package Gary L. & Janice R. Tusing Item 12 We are seeking a 12.5 foot variance to add additional living and storage space to our existing home for the following reasons: Approximately 4 years ago, Janice's mother, Minnie Rodeffer, aged 76, started to have instances of recurring falling. She was eventually diagnosed as having lateral myopathy, a disorder that afflicts the muscles in the arms and legs. Currently, Mrs. Rodeffer is confined to a wheel chair. She is unable to stand without assistance, and then for only a few seconds. Care is currently being given in her home by her husband William, aged 85, and their children. It is Mr. & Mrs. Rodeffer's desire to remain out of nursing homes, etc. for as long as possible so as to maintain the quality of life and dignity to which they have become accustomed. Our home is already handicapped accessible, whereas the other children live in two-story homes or home with steps. Although we have a three-bedroom home, only one room is currently being used as a bedroom. A second bedroom has been converted into an office/work area and the third bedroom is literally all storage. Our house does not have a basement nor does it have storage space in the attic. In order to ever possibly accommodate Mr. & Mrs. Rodeffer moving in with us, we need to enlarge our living area as well as create room for storage. 2. Our property is rectangular consisting of .66 acres with 150 feet of frontage on Long Meadows Lane (a dead end road) in southern Frederick County near the Warren County and Shenandoah County lines. Because of the current rural zoning and setback requirements, we are prevented from improving our property_ Three sides of our property are bordered by houses with an open, unfenced field on the fourth side. Both Belle Grove Historical Plantation and the intersection of I-81 and 1-66 are within easy eye view of our property. AT&T, Bayer and Stowe -Woodward industries are located within a half mile of our property. No orchards or full-time fanning activities occur nearby. There are six ranch style homes on Long Meadows Lane with several other ranch style and two story homes within. the "neighborhood." Several of these lots do not exceed 1 acre in size and precedence already exists for setbacks less than 50 feet. It does not appear that any other development would occur in the near future in the surrounding area. Water and sewer extends to AT&T but no further south and it is unlikely to come to our property in the near future. The small size and shape of the property, as well as the existing septic and drain fields, prevent expansion of our home in any direction other than the one requested. Also, our opinion is that the change in the zoning law has created an undue hardship for those individuals who built on lots of less than 5 acres when that was acceptable. We feel that, within reason, the old law (15 foot setback) should apply to those homes built prior to 1991. Granting a 12.5 foot variance still leaves 38.5 feet between me and the neighboring property. ATTACHMENT B Variance Application Package Gary L. & Janice R. Tus,ng Item 13 The current house was constructed in 1955 by Kenneth and Charlotte Legg. The house was constructed as a handicap accessible because Kenneth was confined to a wheel chair. The hallway and internal doors are wider than normal allowing for easy mobility. We purchased the home in 1974. Had we added to the house prior to 1991, we would not have had to apply for a variance, We have had architects design an extension to the current sunporch of our existing house. The planned 20 ft. x 24 ft. addition includes additional living and storage space. Extension of this room is a natural extension to the house with minimum disruption to the remainder of the property and does not adversely effect neighboring properties. A wrap-around deck affords easy accessibility to the patio as well as to an outside entrance to the basement. Actually, the orientation of the current house on the lot precludes (in our opinion) expanding in any other direction, as you can see from the attached survey of the property. Septic lines occupy a major portion of the remaining area as well as several established trees. We have also included for your consideration as Attachment D, statements from our neighbor recommending your approval of our variance request. We understand and support the need for Zoning, but feel the 50 foot setback is restrictive (the setback was previously 15 feet) in this situation, especially in a "neighborhood" where small lot sizes are the norm. We feel that existing property should be subjected to the laws that existed when the property was constructed. 0 ATTACHMENT C-1 Item 15 Gary & Janice Tusing C.LAVEN LANE - 20' " N3T - GATE ,n AIN LINK FENCE F L CONC. WALK COVERED BRICK PATIO ASPHALT DRIVEWAY 1 BRICK' , WALL \ 69.3' ONE ? ORY 8 GIC 4TFRAME 17.5' D1ELLN6 #172 _ a o `-' 24.7' "'-I 29,431 5Q. FT. 27.0' °WELL CAP x -� I �-n I I � METAL UTILITY BUILDING 28.0 °D CHAIN LINK FENCE x 0 7.5' IRF x°30'33 VV x- 1`if'.39' IRF LEGEND: 0 BRICK PILLAR N/F SMEDLEY SURVEYORS CERTIFICATE `O, UTILITY POLE I HEREBY CERTIFY THAT THE INFORMATION IRF IRON ROD FOUND SHOWN ON THIS PLAT IS BASED ON AN ACTUAL FIELD SURVEY MADE UNDER MY SUPERVISION ON NOTES: FEBRUARY 11, 1997 AND THAT THERE ARE NO ENCROACHMENTS OR VISIBLE EASEMENTS UNLESS 1. NO TITLE REPORT FURNISHED. SHOWN. 2. EASEMENTS OTHER THAN SHOWN MAY EXIST. 3. DEED OF DEDICATION RECORDED IN DEED BOOK 426 AT PAGE 808. �DUGLAS C. LEGGE L.S. FLOOD NOTE - ZONE: C COMMUNITY NO: 510063 PANEL: 0175B DATE: 7/17/78 ..-a— I SCALE: 1" = 30' 1 1 DWG. # hI-Im172 .,,'NLTH of L r�C f v .J G A . LE No. 0119 z1z T .Q- `41 . SURN�'�O BUILDING LOCATION SURVEY of the premises located at 172 LONG MEADOWS LANE OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA MARSH & ILEGGE Land Surveyors, P.L.C. 139 Forth Cameron Street Winchester, Virginia 22601 (340) 667-M Fax: (340) 667-0469 X IRFV �.._ >o X CONC. WALK C -j + I 3 I rn 34.0' m 0/H ELEC. & TELE. x 27.0' °WELL CAP x -� I �-n I I � METAL UTILITY BUILDING 28.0 °D CHAIN LINK FENCE x 0 7.5' IRF x°30'33 VV x- 1`if'.39' IRF LEGEND: 0 BRICK PILLAR N/F SMEDLEY SURVEYORS CERTIFICATE `O, UTILITY POLE I HEREBY CERTIFY THAT THE INFORMATION IRF IRON ROD FOUND SHOWN ON THIS PLAT IS BASED ON AN ACTUAL FIELD SURVEY MADE UNDER MY SUPERVISION ON NOTES: FEBRUARY 11, 1997 AND THAT THERE ARE NO ENCROACHMENTS OR VISIBLE EASEMENTS UNLESS 1. NO TITLE REPORT FURNISHED. SHOWN. 2. EASEMENTS OTHER THAN SHOWN MAY EXIST. 3. DEED OF DEDICATION RECORDED IN DEED BOOK 426 AT PAGE 808. �DUGLAS C. LEGGE L.S. FLOOD NOTE - ZONE: C COMMUNITY NO: 510063 PANEL: 0175B DATE: 7/17/78 ..-a— I SCALE: 1" = 30' 1 1 DWG. # hI-Im172 .,,'NLTH of L r�C f v .J G A . LE No. 0119 z1z T .Q- `41 . SURN�'�O BUILDING LOCATION SURVEY of the premises located at 172 LONG MEADOWS LANE OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA MARSH & ILEGGE Land Surveyors, P.L.C. 139 Forth Cameron Street Winchester, Virginia 22601 (340) 667-M Fax: (340) 667-0469 ATWFEViENT C-2 Item 15 Crary & Janice Tusmg TR ' z CHAIN LINK FENCE CLAVEN LANE - 20' GTE °_ ASPHALT DRIVEWAY ICK CONC.� WALL I COVERED BRICK PATIO �'- 91.8' 1 i j 17.5' BRICK PILLAR ` L UTILITY POLE IRF IRON ROD FOUND 69.3' ONE 5TORY 5W,K $ FRAME OYELLJN6 w #17� ti o Q 2 4.7' DD17lo y 45150. FT. ------c ---- _ x sox I RF r� FM ," z CONC. Z WALK I I 34. Q' h, 0/H ELEC. cQ & TELE. xI I °WELL CAP x /a I � METAL lriLtrr BUI;IN& x28.0' L E7.5' 55q°�C37'33'1+Y1 — IRF N/F SMECLEY SURVEYOR'S CERTIFICATEi I HEREBY CERTIFY THAT THE INFORMATION SHOWN ON THIS PLAT IS BASED ON AN ACTUAL FIELD SURVEY MADE UNDER MY SUPERVISION ON NOTES: FEBRUARY 11, 1997 AND THAT THERE AMC NO ENCROACHMENTS OR VISIBLE EASEMENTS UNLESS 1. NO TITLE REPORT FURNISHED. SHOWN. 2. EASEMENTS OTHER THAN SHOWN MAY EXIST. 3. DEED OF DEDICATION RECORDED e—cz�— IN DEED BOOK 426 AT PAGE 808. DOUGLAS C. LEGG , L.S. FLOOD NOTE – ZONE: C COMMUNITY NO: 510063 PANEL: 0175B DATE: 7/17/78 SCALE: 1" = 30' DWG. # hl–Im172 H 0F' y BUILDING LOCATION SURVEY of the premises located at AD 172 LONG MEADOWS LANE UGLA�> OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA No. 001197 O Land Surveyors, P.L.C. SURN139 North Cameron Street Winchester, Virginia 22601 �s. (540) 667-M Fax: (540) 667-0469 A I I Al"ruvl=N IIf 3 T/ AIL MA17T%OatSt Fxlsr'NLI= ?� —tl D IU= 1 uary & janice i using I I ATTACHMENT D Variance Application Package Gary L. & Janice R. Tusuzg LETTERS OF SUPPORT July 20, 1998 Mrs. Robert Claytor P. O. Box 39 Middletown, VA 22645 Frederick County Board of Zoning Appeals I, Mrs. Robert Claytor, the owner of property (ID# 90-A-40) which is adjacent to the rear of property (ID# 90-A-48) owned by Gary L. and Janice R. Tusing, recommend that the Board of Zoning Appeals approve the variance sought by them. Robert Claytorr Dated: � July 20, 1998 Philip & Loretta Stewart 152 Long Meadows Lane Middletown, VA 22645 Frederick County Board of Zoning Appeals We, Philip and Loretta Stewart, the owners of property (ID# 90-A-47) which is property adjacent to the side and across a lane from the property (ID# 90-A-48) owned by Gary L. and Janice R. Tusing, recommend that the Board of Zoning Appeals approve the variance sought by them. Philip Stew 452 Dated: +Loetta'Stewart Dated: � July 20, 1998 Harold Everly 182 Long Meadows Lane Middletown, VA 22645 Frederick County Board of Zoning Appeals I, Harold Everly, the owner of property (ID# 90-A-49) which is property adjacent to the side of property (ID# 90-A-48) owned by.Gary L. and Janice R. Tusing, recommend that the Board of Zoning Appeals approve the variance sought by them. ,aLn&z,t�A Harold Everly Hated: 917 �r July 20, 1998 Robert and Angela Wheeler 175 Long Meadows Lane Middletown, VA 22645 Frederick County Board of Zoning Appeals We, Robert and Angela Wheeler, the owners of property (ID# 90-A-51) which is property adjacent to the front of and across Long Meadows Lane from the property (ID# 90-A-48) owned by Gary L. and Janice R. Tusing, recommend that the Board of Zoning Appeals approve the variance sought by them. Robert eeler Angela eeler Dated:Dated: July 20, 1998 Charles and Bertie McCarter 167 Long Meadows Lane Middletown, VA 22645 Frederick County Board of Zoning Appeals We, Charles and Bertie McCarter, the owners of property (ID# 90-A-52) which is property adjacent to the front of and across Long Meadows Lane from the property (ID# 90-A-48) owned by Gary L. and Janice R. Tusing, recommend that the Board of Zoning Appeals approve the variance sought by them. 4WI e MG &At Charles McCarter Dated: 7 - � 1-- '? % g' aA�- 727 . -Z0 c- ez� Bertie McCarter Dated: 7- .1 / - q9 BZA REVIEW DATE: 8/18/98 VARIANCE #020-98 RALPH S. GREGORY LOCATION: The property is located on the west side of Aylor Road (Rt. 647) at the intersection with Double Church Road (Route 641). MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 75-A-51 PROPERTY ZONING & USE: Zoned B2 (Business General) and RP (Residential Performance) District; Land use - Vacant ADJOINING PROPERTY ZONING & USE: Zoned RP (Residential Performance) District; Land use - Residential VARIANCE: 1. A 29.9 -foot front yard setback variance from I-81; 2. A 12.7 -foot front yard setback variance from Aylor Road (Rt. 647); 3. A 25 -foot variance from the active portion of the `B" category zoning district buffer (north property boundary); 4. An eight -foot variance from the inactive portion of the "B" category zoning district buffer (north property boundary); 5. A 25 -foot variance from the inactive portion of the `B" category zoning district buffer, eliminating the inactive portion (south property boundary); and 6. A variance eliminating the six-foot opaque element of the required full screen along Aylor Road (Rt. 647). REASON FOR VARIANCE: Due to the size, shape and narrowness of the property and location of I-81, Route 647 and intersecting Route 641, development of the property is restricted and limited. The property has double road frontage. Variance #020-98, Ralph S. Gregory Page 2 August 11, 1998 STAFF COMMENTS: This is indeed a unique piece of property. As you may see from the copy of the site plan included with your agenda, the property has double frontage along Interstate 81 and Aylor Road, has a zoning district boundary splitting the property in two, and is surrounded by residentially zoned land being used for residential purposes. In addition, the property is only 30,488 square feet in size. In order to develop this property in any way, a variance, or combination of variances, may be necessary. The challenge in this case is to determine which variance requests are appropriate and what scale of development provides a reasonable use of the property. As the Board is aware, a reasonable use is not necessarily the most profitable use of the property. Within the B2 (Business General) zoning district, the front setback adjacent to a primary or arterial highway, Interstate 81, is 50'. The front setback adjacent to collector or minor streets, Aylor Road, is 35'. The applicant proposes to place a building 20.91' from Interstate 81 and 22.3' from Aylor Road, requiring the 29.9 -foot and 12.7 -foot front yard setback variances, respectively. To summarize the zoning district buffer requirements of the Zoning Ordinance, Section 165-37 requires that any development occurring adjacent to property in another zoning district must provide a zoning district buffeRP In this case, development in the B2 (Business General) district adjacent to land zoned RP (Residential Performance) requires the provision of a `B" Category. The applicant is proposing to provide for a `B" Category buffer with a full screen in all locations required. Within the provided 50' buffer distance is an inactive and active portion that is 25' in width, respectively. No activity, other than the screening requirement, may occur in the inactive portion of the buffer. The active portion of the buffer may not be encroached upon by a building or other principal structure or activity. However, accessory activities, such as parking, are permitted in this area. Variance requests I and 2: A reduction in one of the front setbacks, or a combination of a reduction to both, may be appropriate to permit the location of a building on this site, especially when considering that every attempt should be made to preserve the integrity of the required zoning district buffers. In developing this site, VDOT is requiring the dedication of 25' along the front of the property for future improvements to Aylor Road. Therefore, the expansion of Aylor Road should not further intrude upon this parcel. Improvements to Interstate 81 are not anticipated to impact this parcel. However, parallel to the Interstate 81 right-of-way is a main gas line. In considering reductions to the front setbacks, this gas main, or any associated easement, should not be encroached upon. Staff has contacted Shenandoah Gas to determine if there are any restrictions limiting development around their gas line. It is staff s hope to have an answer from Shenandoah Gas prior to the Board's meeting. In anticipation of this information from Shenandoah Gas, it is difficult for staff to determine what reduction would be appropriate at this time. Variance #020-98, Ralph S. Gregory Page 3 August 11, 1998 Variance requests 3 and 4: Staff is adamantly opposed to any variance that encroaches into the buffer area adjacent to the residential property to the north. As requested, the 25' active portion would be eliminated and the inactive portion would be reduced by 8' placing the actual structure just 17' from the adjoining residential property. This would certainly be detrimental to the adjoining property to the north and is unacceptable. It is staffs believe that a smaller building, potentially with two stories, could be accommodated on this property without reducing the buffer area adjacent to this northern property line. Variance request 5: The applicant has not pursued the rezoning of the RP portion of the property. A successful rezoning would eliminate the zoning district boundary and its associated buffer, and would provide an increased area of usable space on the property. It is staffs belief that all remedies should be pursued prior to approaching the Board for a variance. Rezoning the property would alleviate a portion of the hardship unique to this property. Variance request 6: The applicant has not demonstrated that the provision of a full screen creates an undue hardship, significantly restricting the use of the property. While recognizing that an opaque element effectively screens much of the use from the adjoining residential properties, it is staffs opinion that the provision of an opaque element does not create an undue hardship. The Code of Virginia, Section 15.2-2309(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. In accordance with Section 15.2-23 09(2), and based upon the reasons stated above, staffrecommends the following: STAFF RECOMMENDATION: Variance requests I and 2 Variance requests 3 and 4 Variance request 5.- Variance :Variance request 6: OAgendm\BZA\COMMENTS\R GREG-1.BZA Approval, upon clarification of the gas line issue. Denial Denial Denial 0 %6 Page I of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA 1. The applicant is the owner x other . (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: Mr. Ralph Gregory NAME: ADDRESS 5368 Main Street ADDRESS: Stephens City, VA 22655 TELEPHONE: (540) 869-3500 TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): West side of Route 647 (Aylor Road) at intersection with Route 641 (Double Church Road) 4. The property has a road frontage of 374.23 feet and a depth Of 0 to 168.55 feet and consists of .6999 acres. (please be exact) (30,488 square feet) 5. The property is owned by Ralph S. & Carolyn P. Gregory as evidenced by deed from Grover L. & Edit Leig t recorded (Previous owner) in deed book no. 327 on page 508 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.: 75-A-51 8. The existing zoning of the property is: 13-2 & RP 9. The existing use of the property is: vacant 10. Adjoining Property: USE ZONING RD North Residential N East State Rte. 647 N/A South State Rte. 647 & I-81 N/A West 1-81 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.") See Attached Sheet 2A 12. List specific reasons) 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 Due to the size, shape and narrowness of the property and the location of 1-81, Route 647 and intersecting Route 641, development of the property is restricted and limited. The property has double road frontage. 13. Additional comments, if any See attached plat showing required setbacks. H. Describe variance sought in terms of distance and type. Along Interstate 81 1. A 29.9 foot setback variance from Interstate 81 for a. 48.5 foot x 20 font single gtnry commercial structure. Chapter 165, Zoning; Para. 165 - 83 Dimensional and intensity requirements, require a 50 foot setback from I-81. 20.1 feet is proposed_ Along North Property Boundary (RP to B2) 2. A variance from the north property line to reduce the distance buffer between B-2 and RP zoning categories. The property line is the zoning district boundary, Chapter 165, Zoning; Para. 165.37 Buffers and Screening Requirements require a minimum category `B" buffer that includes a total 50 foot distance with a full screen ( 25' active and 25' inactive). • An 8 foot variance to reduce the inactive portion of the required distance buffer from 25 feet to 17 feet. • A 25 foot variance to waive the active portion of the required distance buffer from 25 feet with full landscape screen. Along Route 647 A for Road 3. A 12.7 foot setback variance from Route 647 for a 48.5 foot x 70 foot single story commercial structure. Chapter 165, Zonin-; Para. 165.83 Dimensional and Intensity Requirements, require a 35 foot setback from Route 647. 22.3 feet is proposed. Note: 25.01 feet will be dedicated to VDOT along Route 647. frr-M 61 4. A Kvariance KtheAopaque full screen element of the screening requirement. Chapter 165, Zoning; Para. 165 - 37 Buffer and Screening Requirements: Screening; (2) full screen. Along South Zoning Boundary (RP to B2) 5. A variance from the south zoning district boundary to reduce the distance buffer between B-2 and RP zoning categories. The zoning district boundary splits the property. Chapter - 165, Z_ oning; Para. 165.37 Buffers and Screening Requirements require a minimum Category `B" buffer that includes a total of 50 foot distance with a full screen ( 25' active and 25' inactive). • A 25 foot variance to waive the inactive portion of the required distance buffer from 25 feet with laxdseape screen. pays a or s 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: 101 Carter Lane NAME Ralph S. & Carolyn P. Gregory Address Winchester, VA 22602 Property ID# 75-A-51 810 Aylor Road NAME Roger L. & Deborah H. Mogle Address Stephens City, VA 22655 Property ID# 75-A-49 189 North Street #2 NAME J.W. & Mary K. Patterson Address Strasburg, VA 22657 Property ID# 75 -A -4R 603-A South Loudoun Street NAME George Washington Hotel Corp. Address Winchester, VA 22601 Property ID# 75-A-47 NAME Robert L. Hoover Property ID# 74B -4-A-1 NAME Property ID# NAME Property ID# NAME Property ID# NAME Property ID# NAME Property ID# 107 Double Church Road Address Stephens City, VA 22655 Address Address Address Address Address Page 5 of 5 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 DATE SIGNATURE OF OWNER (if other than applicant) BZA PUBLIC HEARING OF -OFFICE USE ONLY- - DATE - APPROVAL SIGNED: DENIAL DATE: ACTION: BZA CHAIRMAN 1, f GLM 'rt - r J \ 1�5og 1 EiJSDNG w 7748 2 t.. IFS Ncri'-5 c i .tip •� r .t J = utterutter`.� 7, c j - � ✓%' � �. off- _ \ 111 r.,GLM ' - D g µPSN J t ,55'16 i ... ��_LX g Y?pN E pC(t pA i a � 1 : : `D Z REGORY;and CAROLYN P..GREGORY Opequorf Magisteriaf Di$frict �" - -- --- - PIN Z5—A —�] 30,488 SCI. 71 r I 186.54 ^ `. _ r.' , ti 10' LA OSCAPING W,% FALL SCREEN 8 r invlzs9a 10' CHESAPEAKE &'PoTOMAC TELEPHONE CO. o F 0. OF VIRGINIA EASEMENT 1 V/(769 87) IRS I U .. :.:. ^_ .--._ 't-" - ,...c•-rKu -> !T- _ �-1 �. C TELEPNpNE (APPROX.LOCATION } . UtE �� .,.,,, •' .. '� is ra, ,r t BZA REVIEW DATE: 8/18/98 VARIANCE #022-98 RICHARD AND NANCY HEISEY LOCATION: The property is located at 669 Dicks Hollow Road. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBERS: 41-A-40 and 41 -A -40C PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Residential and Pasture ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Residential, pasture, and wooded area VARIANCE: A variance of 51.54 feet and a variance of 91.32 feet from the minimum lot width requirement of 250 feet at the front set back line; and a variance of 122 feet and a variance of 206 feet from the maximum 4:1 depth ratio requirement. REASON FOR VARIANCE: To separate two frame houses that are now on one parcel and make residences on separate lots STAFF COMMENTS: In order to alleviate a nonconforming situation, where two residences are located on the same parcel, and to allow for the boundary line adjustment and ultimate sale of the properties, variances from the minimum width and depth requirements of the zoning ordinance are required. The minimum lot width at the front setback line shall be 250'. In adjusting the boundary line as surveyed, the front setback for Lot 1 would be 198.46', and the front setback for Lot 2 would be 158.68'. This requires variances of 51.54' and 91.32' respectively. In ensuring that both residences maintain the required 50' side yard setback, the minimum width requirement could not be met. Variance #022-98, Richard & Nancy Heisey Page 2 August 10, 1998 Upon adjusting the boundary line, the depth of the lot could not exceed four times its width at the front setback. The depth of Lot 1 would be 915', and the depth of Lot 2 would be 840'. This requires variances of 122' and 206' respectively. Again, In ensuring that both residences maintain the required 50' side yard setback, the minimum depth requirement could not be met. Staff is of the opinion that these variance requests meet the test for Board of Zoning Appeals as specified in Section 15.2-2309(2(b)(1), (2) and (3) of the Code of Virginia. Strict application of the Zoning Ordinance would produce an undue hardship; this hardship is not shared generally by other properties in the vicinity, and approval of the variance request will not have a detrimental impact on the adjoining properties or the Zoning District as a whole. In fact, approval of these variance requests will alleviate a zoning concern and rectify a nonconforming situation bringing the properties into compliance with current zoning requirements. STAFF RECOMMENDATION: Approval fi Nom Alvvurl- +-fL,C K 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 other . (Check one) 2. APPLICANT: OCCUPANT: (if different) P47�-� .�I NAME:- R�cb0_y-&+0CjVW r Fi/NAME : D0. U (p J M qC 0 l4 C-_ ADDRESSI ��jY ��US�. ADDRESS: I / � 'D 1' A_< �tJl�tc� ct TELEPHONE :,E� n Z Lr, - a Gs6 TELEPHONE: 665 a r 16Z '�Ce_ &'Ie �.T+e L l3 3. The property is Iocated at (give exact directions and include State Route numbers): l�.r�„ �. /, � � � � Y 11� Q� �� 1�in. i�1 �� (�'i.►Y P r �. .�'t� 1-2 . ! Cj r l.� 4. The property has a road frontage of j_'feet and a depth of feet and consists of acres. (please be exact 5. The property is owned by as evidenced by deed from -k-I j recorded k1&4 j,lV_a,r 'I; 2g1947 evious owner) in deed book no. on page of the deed books of the Clerk o 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 I q -Q 8. The existing zoning of the property is: n /- 9. The existing use of the property is: 14. Adjoining Property: IZ�E ZONING93 North RCO East 'U ApLP�1NG r,.., South e i MaEiu V, izvvnAt'M. , West 11. Describe the variance sought in terms of distance and, Ypd, (For example: "A 3.5' rear yard variance for an attached two car garage.") N •1 r -IF dab 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 8�v Je CwA Dara ±wo Py6w� koose.s N o- QY a4i ke It e L'te av, 13,x- Additional commen if anynn YPA Yrr, U, F (,JR- as 6a3 e -,5q0 - g ?7 =a)Ll6 I page 3d5 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 �c'� �, �.. Ul.lau c Address /iCk s Ha� Kci _ W �ti«.hes�-���, U�- ot-1603 Property ID# NAME -cin , Ln r K Address 117 DJ c l a Property ID# 7T-' NAME �! L,1 aY� , G �1YL�Sha 1� ��� Address Q 1- P e a dT Lj L k , Property ID# Address g�' 17�ck� _� Qd,; Property ID# '�' � `� �� CLILA &SIV -K Vff. aa.&G NAME 4 V.. �U YI.t L' Y �� 1n�e � V- Address `� Q j� 'c Wmijow //PCL Property ID# 1;l CVA as +e, 1� (f �} , o<9-bQ3 NAME `� (I�,t �-��,eL, C1Ykr Address 28 ( Di c.k. r , lL a u R.d_ a 8663 Property ID# 11 -4 ` 1� 2 NAME `�-q nit L4 e f Address74 9 D Ado ty 9J . t,Jt�.L.�� u0. aa&3 Property ID# 6f� ' �- " 42 NAME I�s!�(!� S ���{,Address ,< ef' t-Ji�c.l�e�teli; V oZo26C3� Property ID# NAME 1L i- "1 Q loyAddress i�_ Property ID# NAME�� o✓a, e ektnc�,. C„ t � J Address X 2A u,, �v �J Ve�aLiIe's J fi 1Y 403&3 Property ID# � �{' (. ` � ' ,sD 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. 5: 3OUNDARY SHOWN HEREON 1".4S DETERMINED BY A FIELD RUN SURVEY PERFORMED BY EBERT k ASSOCIATES ON JULY 7. 1998. IRIS PUT IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. VO TRLE REPORT FURNISHED. )THER RIGHTS—OF—WAYS OR EASEMENTS, IF ANY, ARE NOT SHOWN. 'fEmy t2. ZIMMI;w/m 41 A -39G 600/ 706 N a N N 2 / / PAMP T. 5MELT7�lZ �� 41 A-41 667/ 1676 Ql q� �V� ) N 1, s 66.3839• f �� C� CNA�,�S N. GHA�EtZ 4j6�3 � 41 -A-44A 1373/ 95 ss'3� 'r f N 23'40'34" E v v + 110.19' ?9�, 61, .ACi2C 5 � S Is� j9 4j' H 6501 198.46AT / FRONT BRL L! (� 158.58' AT • \ fn^GliT DRI. / THESE DEED VACATED. ' ARE TO BE VACATED. 17.016 1\L J' THIS S. WIDE R/W IS TO ;IE VACATED. � IIQ� 1 o A=77.84' �wwT R=96.80' TOTAL �- B=S 0741'57" W A=133. C=75.76' R=96.E Z �A INGRESS/EGRESS EASEMENT C=123. FOR THE BENEFIT OF z . 80TH PARCELS. A=55.88' R=96.80' B=S 3652'18" E C=55.10' MAV15ON P. MAY5 " -41-A-40P 8951!7 Pagc 5 of 5 AGREEMENT VARIANCE # --q 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 DATE —2 — / `f' -� b SIGNATURE OF OWNER DATE % (if other than applicant) BZA PUBLIC HEARING OF -OFFICE USE ONLY- - DATE - APPROVAL SIGNED: DENIAL DATE: ACTION: BZA CHAIRMAN BZA REVIEW DATE: 8/18/98 VARIANCE #018-98 HAYFIELD ASSEMBLY OF GOD LOCATION: The property is located at 5118 Northwestern Pike. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 39-A-36 PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Church ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Residential and agricultural VARIANCE: 55.5 -foot north side yard variance for an addition to the church REASON FOR VARIANCE: Narrowness of lot and use of adjacent property STAFF COMMENTS: Within the RA (Rural Area) zoning district, the minimum side yard setback when adjacent to land primarily used for agricultural purposes is 100'. The applicant wishes to construct an addition to the church that would locate the principle structure 44.5' from the northern property boundary, thus requiring the 55.5' side yard variance. Staff has the ability to administratively allow an addition to the existing facility which may be located up to, but not beyond, a nonconforming setback. The existing church is located 68' from the side property line at its closest point and angles away from the property line at its northernmost point which is 78' from the side property line. Therefore, an addition of 10 feet could be place attached to the structure without the aid of a variance. It would appear that in this case the applicant is not limited to choice of location. It may be feasible to place the addition on the property in compliance with zoning ordinance requirements. Obviously, this would entail a revised footprint for the addition. Variance #018-98, Hayfield Assembly of God Page 2 August 11, 1998 It is staffs oplt"iioii that It may be appropriate 1. +11�-- Hayfield assembly of God church to consolidate 11 late 1V1 L11V 11 V assembly the two parcels they own at this time. This consolidation would further increase the buildable area and ensure that all uses associated with the church are located on the same parcel. The consolidation of these two parcels may be required during the site plan approval process in order to alleviate additional requirements based upon the property line bisecting the use. For example, parking lot setback requirements. Also on this parcel is an existing accessory residence. This structure is located approximately 22' from the side property line. Within the RA (Rural Area) zoning district the setback for an accessory structure is 15'. In this case, strict application of the zoning ordinance does not reasonably restrict the use of the property. The Code of Virginia, Section 15.2-2309(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 hardship approaching confiscation does not exist. The structure could be constructed in a manner that would not require a variance. STAFF RECOMMENDATION: Denial Qt - 4, 40 g�q toe Ifo 2V -N4 e4 749 3 89A 97z ®68 r 44A 40 Bios Kelly 38 Howard /A 39 e36 6 Kiel Good 36 40 "n 38 AS 41 tea. 0' 3 9 44 Variance #018-98 Hayfield Assembly of PIN: 39—A-36 X43 Produced by Frederick County Planning and Development. 7-31-98 Page 1 of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA 1. The applicant is the owner other P--" . (Check one) NAME: 2EEN Aj' Enlr�iNEE?lrll�r ADDRESS /5! 1411,w ), -Alla 1-.4/1E dtfn/c�lES7F2. 1/i!, ZZ�03 TELEPHONE :.L4W) G�Z "4I8S OCCUPANT: (if different) NAME: y!!Y�lEL�.g55EJ,BL OFGOD ADDRESS: 5118 itlo�eT'/!l�EST D 1/�1. 2237 TELEPHONE: 65402 67 -7 -- 3. 7? - 3. The property is located at (give exact directions and include State Route numbers): EAS .5147,47- RZCS 0, ZO A,11, 4. The property has a road frontage of ZZ'?, a3 fee's ar k � ` th ` of 22`j, Q0 feet and consists of 49&, acres <:(pgse b `yl. exact) 5. The property is owned by �4YFlEL,DLI WA 6Zf DF D as evidenced by deed from p recorded (pre ious owner) in deed book no. 327 on page e,85 of the deed books of the Clprk of the Court for Frederick County. Attach a copy of the deed. Page 2 of 5 6. Magisterial District: �L1//1/EjgO,�d 7. 14 -Digit Property Identification No.: 39000A0(10CCO 3(O 8. The existing zoning of the property is: RA 9. The existing use of the property is: R9:-LaJOU5 10, Adjoining Property: UaE North 4Gr<1CUUFL1 RAL. East rZES1DEN i lad South z5 C41005 West 2TE.5C Im 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.") �5 S` o2I'�O St C)6- Ya22 VARIAU05- �rm�� 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 aR2��,Jn1E55 oT- fur 4 U-<,,6 o-F-ADIacENT pC-tZiY 13. Additional comments, if any pp*3afb 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 wi11_ be notifd by avail of this application: NAME H A `(Fw5W:) OF 5 o > Address 51181 o;ETj4 6*'-reRtq l,P kT, C- pI Z I V PropertyM# 39 0Q0Aoocboo 3�,-A NAME MAiggAgc-T D. GooP__WjN _-- Address SI11 ,p,It.Ca gooc A Property ID# 39 06oA 4b0006 38 ZZ637 NAME RoY A . M. U -C—P— Address 5041 Mo2Tu (h1EsTmM P ke-, 62p,E VA. ZZ637 Property ID# 39 000A onoovo 39 NAME Address 00S Ilia MTH g6STEMKI Property ID# 39 000 -4 000000 44A NAME �E�l. I CZ V r t�lC�' B . �Ou�LtR� Address 50cd 6qv2TNK1GSTGEms' ZZ G37 NAME 2c BG ZT K 1Z ► lr Address 50 55 �J O ZT A WC -SI r-T2W Pt !<E 02.E VY Property ID# 40000A 0W O=, 3°j ZZG�7 NAME Property ID# Address NAME Address. Property ID# NAME Address, Property ID# NAME Address Property ID# Page 5 of 5 AGREEMENT VARIANCE # 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 arrd-maintainedso 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 o �i _ DATE Z? SIGNATURE OF OWNER -&j4 -R� DATE 7,6 9 8' (if other than applicant) BZA PUBLIC HEARING OF -OFFICE USE ONLY- - DATE - APPROVAL SIGNED: DENIAL DATE: ACTION: r LL plic - 39 —®=36 [HAYFIIELD ASSEMBLpF � k \ AxLL ' 8T. 5 LIIJE.TO BE�OCATED /OP PB SE P B INC / I -DB. 456 PG --553 / 2" ASP ALT sM-2A we 1 I \ 1 ZONE: RA �-- /.7 HTC F i ? / i USE: REL�LOUS /� // tV 1} Exp s To / ssx s,m sEu \ ! IN -NV . •\ t. ,j y� `/ t' \tet FA'VEDPA ING TIE TO CURB • f fI l f 89.0 a8-5 OPENING 4 i i I 1J1/►�- 'a a \@ II TALL�CRO IRErMbACES 1 ( ♦ i' TO r VED I PROP 4" 8E P INTE 1 / / • j CO U ' RYV tt '. 'I3 ( D � � � I . CO TOP I 1 I I�V Oltf �5b1 .Y -G I 295 7 PF t PROPOSED / ADDITIQQNN J PORTION 1�C- / C' I POIlCCJJtR j �j BASEM 100�i EX SEWER TO `I PV� / i / /�•�,C-j,. / / I PEd 111 tS E,JT . 9__1631 BE REMOVED �(\ I ( II eSMNT STEPS�F dOVEFtED } • ( \ DEL \ 1ENTRY �' iii / / / FF=gIb3 /ice 'i/ c0 // 7 1 1 9.8 /. FF 100.00 \ \ 1 EXISITING \ \ , (I / / , % / INV - 83-S IIF�� 1 !( CONC j d" PVC PL TO BE�ZEf fOV�D 1 \ / WALK / i ' / / / f H A YF . i H/GIST \ 5EU/ER�• J / r j \ FROP H/C I A R.OX.t RAMP ' SE E> LAT r i _ CO j INV 69D t �' FX SEE/'TIC 82 x I l/ I / TAhU' J f W 1 TUNEaL�E / 1` / //• / / • i ! I 4, Ei C4UR_H I JI f ( 0a CHURCH 4 SFF = 102+.Lp W/CO 51 � TIE O EX LINE l ! / C It- TO EX SEPTIC / INv .81.9 / /G LEC 6UFI�LY ' Xn T NK W/ c0 TO IGH IWATER 1 r \ U V I ut1 \ `\ AL F2M ) LOFT FROP RISERSRM )) I SEE DETAIL G NEMA 4 / / SHEET 3 i hh / tl 2 / / \ J� UNG ION'BOXI ( NOTE Lu lu _ TtLb 1250 GA LON r w LL �O J ' 8. \\ tN� /' `y�PTIC TANKS TOP 8336 JI it PROP L) d f f PARKING= -� ! \ / / tU X X i I i 2m/ 22' +79 i z,�= / • -1��_ SIGN MoN l / ASSEMBLIES OF 000 Hayfield Assembly of God 5118 Northwestern Pike Al�::W) Gore, VA 22637 July 27, 1995 To Whom It May Concern: Rev. Bobby Basham, Pastor Phone: 877-1443 On July 1, 1998 at 2:30 PM I, Bobby Basham, Pastor of Hayfield Assembly of God, contacted Mr. Hershal Kelly in regards to meeting with him to discuss the future expansion plans of our church relative to his adjoining property. He consented and we met that afternoon. We presented him a sketch of our plans for expansion noting the encroachment on his property boundary. Mr. Kelly commented that the 45 foot setback was acceptable to him for three basic reasons. One, the house is currently only 20 feet for his property, two, the grade of our property to his is much lower and three, the parcel of Mr Kelly's land next to ours is used for growing alfalfa without the use of chemicals. The basic fertilizer he utilizes on this field is lime. Therefore, we request the planning commission to the consider the facts and the longevity of existing buildings on the plot and permit us to move forward in our plans. Respectfully Submitted, Rev. Bobby Basham Pastor