BZA 12-15-98 Meeting AgendaFILE COPY
AGENDA
FREDERICK COUNTY BOARD OF ZONING APPEALS
The Board Room
Frederick County Administration Building
107 N. Kent Street
Winchester, Virginia
December 15, 1998
3:25 p.m. CALL TO ORDER
1) Minutes of November 17, 1998
UNFINISHED BUSINESS
2) Tabled from the September 15, 1998 meeting:
Variance #020-98 of Ralph S. Gregory for a proposed retail store (request No.'s 3, 4, 5 &
6):
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.
3) Other
P
MEETING MINUTES
OF THE
FREDERICK COUNTY BOARD OF ZONING APPEALS
Held in the Board Room of the Frederick County Administration Building, 107 N. Kent Street,
Winchester, Virginia, on November 17, 1998.
PRESENT: Manuel Sempeles, Jr., Chairman, Stonewall District; James Larrick, Jr., Vice Chairman,
Gainesboro District; Theresa Catlett, Opequon District; Dudley Rinker, Back Creek
District
ABSENT: Ralph Wakeman, Shawnee District
STAFF
PRESENT: Michael T. Ruddy, Planner H; Christopher M. Mohn, Planner II; Carol Cameron,
Secretary
CALL TO ORDER
Vice Chairman Larrick called the meeting to order at 3:25 p.m.
MINUTES OF OCTOBER 20, 1998
On a motion made by Mr. Larrick and seconded by Mr: Rinker, the minutes for the
October 20, 1998 meeting ,were unanimously approved.
Variance #027-98 of Thomas M. Eichenberger, submitted by Lax Limited, for a 3' 11 " rear yard
setback variance for an existing deck. The property is located at 223 Canyon Road, and is identified
with Property Identification Number 65F-2-2-148 in the Shawnee Magisterial District.
ACTION - DENIED
DISCUSSION
Mr. Ruddy read the background information and staff report, and passed around
photographs of the existing deck and general location of adjoining properties. He directed the Board's
attention to the plat which shows the portion of the deck which is in violation of the setbacks.
N
Mr. Thomas Eichenberger, applicant, stated that the deck was built by Mr. Frank Neitzel
(of Lax Limited) and that there has never been a complaint against his house or the deck. He said that
he was not in Virginia at the time that the house was built and that after it was completed, he assumed
that title was being conveyed to him in marketable condition. He found out later that there were two
problems with the house (the drainage easement and the deck). Mr. Eichenberger felt that removing
four feet from the deck would cause substantial damage and would ruin the overall appearance of the
house. He asked to have two letters read into the record from adjoining property owners, Mr. Eric
Lowman and Mr. Don Packard, Sr., who wrote in support of the variance request.
Mr. Don Packard, Sr., adjoining property owner to the rear of Mr. Eichenberger, was
present to speak in favor of the variance. He stated that he believed the deck should be left the way it
is.
Mr. Eichenberger stated his belief that the law should not be concerned with trifles, and
that no one had filed a complaint, nor had noticed any problem with his deck. County inspectors were
present on the day that the Certificate of Occupancy was issued, and he took that to mean that
everything was O.K. with the house. Mr. Eichenberger quoted points from the Code of Virginia,
Section 15.2 to support his views.
Chairman Sempeles asked the applicant if he felt there should be standards; Mr.
Eichenberger stated that he did but that in this case, the word `confiscation' should not be applied. Mr.
Larrick disagreed with the applicant's interpretation, and discussion followed on the use of the word
`confiscation' and how it applied to this case.
The point was made that this hearing was not a court of law nor a court of equity, and
Mr. Larrick asked the applicant to explain why he felt he had an undue hardship. Mr. Eichenberger
replied that he felt he had already done so, and referred to another section of the code which deals with
the definition of a variance that does not use the word confiscation.
Mr. Frank Neitzel, contractor for the applicant, claimed that he went through all the
proper channels, and that he obtained a building permit with the deck shown on it. He said that he
depended on the surveyor doing his job properly in staking the house out. After further questioning,
Mr. Neitzel stated that he believed the surveyor did not take the deck into consideration.
There was no one else present to speak for or against the variance request. Chairman
Sempeles asked for any further discussion by the Board; there were no other questions.
Upon a motion made by Mrs. Catlett and seconded by Mr. Larrick, Variance #027-98
of Thomas M. Eichenberger for a 3' 11" rear yard setback variance for an existing deck, was denied by
the following majority vote:
Ayes: (votes to deny the variance request) Mrs. Catlett; Mr. Larrick; Mr. Rinker
Nays: (votes against the denial) Chairman Sempeles
3
BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby deny
Variance #027-98 of Thomas M. Eichenberger, submitted by Lag Limited, for a 3' 11" rear yard
setback variance for an existing deck.
OTHER BUSINESS
In other business, Mr. Ruddy introduced Mr. Mark R. Cheran, Planner I, who began
working for Frederick County on November 16, 1998. Mr. Cheran came to Frederick County from the
City of Winchester, where he also worked as a planner.
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
AAMINUTESU998\N- 17.BZA
•
0
C7
BZA REVIEW DATE: 8/18/98; 9/15/98; 12/15/98
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. (Note: As of 11/26/98, entire property is zoned B2 (Business
General).
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; Revised - 34.82'
- Approved 9/15/98
2. A 12.7 -foot front yard setback variance from Aylor Road (Rt. 647); Revised - 19.80'
- Approved 9/15/98
3. A 25 -foot variance from the active portion of the `B" category zoning district buffer (north
property boundary);
- withdrawn by applicant 12115/98
4. An eight -foot variance from the inactive portion of the `B" category zoning district buffer
(north property boundary);
- withdrawn by applicant 12/15/98
5. A 25 -foot variance from the inactive portion of the `B" category zoning district buffer,
eliminating the inactive portion (south property boundary); and
- withdrawn by applicant 12/15/98
6. A variance eliminating the six-foot opaque element of the required full screen along Aylor
Road (Rt. 647).
- see comments
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.
STAFF COMMENTS:
At the Board's September meeting, variance requests #1 and #2 pertaining to the front yard setback
reductions were approved. The remaining variances were tabled by the Board. Subsequently, the
applicant has successfully rezoned the parcel. With the exception of request #6, this rezoning
alleviates the need for the remaining variances. Therefore, staff would recommend that the Board
recognizes the applicant's request to withdraw requests 3, 4, and 5, and that the Board considers
request 6 pertaining to the full screen along Aylor Road.
Variance Request #d.
Immediately prior to mailing this agenda, staff received the attached information from the applicant
pertaining to their request to reduce the level of screening along Aylor Road. This information
specifies the number of plantings proposed by the applicant, the modified opaque element provided
in lieu of the required 6opaque element, and the location of the screening in relation to the site plan.
Staff had previously requested a rendition of the proposal that would have given the Board a visual
perspective on the proposal. However, this rendition has not been received at this time.
The applicant's request is for the elimination of the six-foot opaque element of the full screen. The
applicant proposes an opaque element in the form of a berm, two feet in height, located between the
parking area and the Aylor Road right-of-way (areas "A" and "C"). Based upon the very limited
width of this area, due to the minimal size and unusual shape of the property and the requirements
for parking areas, staff feels it would be appropriate to allow the reduction in the height of the
opaque element, in this location, as proposed by the applicant.
Similarly, staff feels it would be appropriate to allow the reduction in the height of the opaque
element to 3-4 feet as proposed by the applicant in the area marked "D." While there is a greater area
in which to locate an earthen berm, the minimal size and unusual shape of the property would again
create a hardship in that a six-foot high earthen berm could not be constructed without the elimination
of a parking area essential to the use of the property.
The applicant has not proposed any form of opaque screening in the area identified as `B". Consistent
with the reasoning for the above area "D", staff feels it would be appropriate to allow the reduction
in the height of the opaque element to 3-4 feet as previously proposed by the applicant. Complete
elimination of the opaque element in this location would be inappropriate, in particular, as this
screening is directly in front of the proposed building and across the road from nearby residences.
All the elements of the landscape portion of the screen must be provided. The information provided
by the applicant provides for the necessary number of landscape plantings; however, the plantings in
"B.2." do not achieve the minimum landscape screen requirement of four feet in height at time of
planting. This height needs to be achieved.
Staff is of the opinion that the applicant's request, with the modifications noted by staff, will not
be of detriment to adjacent property, upholds the spirit of the ordinance, and does not change the
character of the district.
Variance #020-98, Ralph S. Gregory
Page 3
December 7, 1998
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 15.2-2309(2), and based upon the reasons stated above, staffrecommends
the following:
STAFF RECOMMENDATION:
Variance request 6.
A. Approval
B. Approval - with modifications to include berm of 3-4' in height and required landscaping.
C. Approval
D. Approval
12'07:'1998 11:50 5406650493 G W CLIFFORD & ASSOC
ilb ert w. cl%f fart & associates, mc.
200 N. Ca=emn street
Winchester, Va. 2201
Phone: (540) 667-2139
Fix: (540) 665-0493
To:
Fax Cover Sheet
PAGE 01
Att:n:
From:
Re:
Number of Pages (Including Cover Sheet):
[),Stination Fax Number: .
Time:
Remarks:
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Date:
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1 ''0'/1998 11:50 5406650493 G W CLIFFORD & ASSOC PAGE 02
Ralph & Carolyn Gregory
Aylor Road — Variance Request
Item .Number 5 — Reduce full screen requirement landscape instead of 6' fence.
We request the following landscaping with an earth berm instead of a 6' tall board on
board fence or wail.
A. From entrance north to the southeast corner of the building for a distance of 70+/ -feet.
1. Install a 2' earthen berm
2. ,Landscape bean with 21 plants, 2/3 evergreen and 1/3 deciduous
B. From southeast cornet' of the proposed building to 25' south of the north property line
for approximately 75+/- feet.
I. Install evergreen (White Pine) trees 4'-5' in height, IO' QC (8 plants)
2. Landscape with Burning Bush, 30"-36" in height, 3,5'-4.0' (3L (20 plants)
C. From entrance south apprwdmately 301
.
1. Install a 2' earthen berm
2. Landscape with 9 plants. 2/3 evergreen and 1/3 deciduous.
D. From 30' south of entrance approximately 60' south and west.
1. Increase berm to 3' — 4' in height
2. Landscape berm with 18 plants. 2/3 evergreen and 113 deciduous
Total landscape plantings along Aylor Road,: 76 plants(A,.B,D,E)
Total plants.- 76 plan
Reason for request:
1. Unique shape of the property
2. Property has double frontage
3. Aesthetics of 6' fence
4. Sight -distance visibility at entrance
Page 1 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. & Edith 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
1.
14 -Digit Property Identification No.:
75--A--51
8.
The existing zoning of the property is:
$-2 & RP
9.
The existing use of the property is:
Vacant
10.
Adjoining Property:
ILSE ZONING
RD
North Residential
N
East State Rte. 647
N/A
South State Rte. 647 & I-81
N/A
West I-81
N
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 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
Due to the size, shape and narrowness of the property and the
location of I-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.
T
11. 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 foot single story
commercial structure. Chapter 165, Zoning; Para. 165 - 83 Dimensional and intensit
requirements, require a 50 foot setback from 1-81. 20.1 feet is proposed.
Along North Property BoundgL (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, Zoning; Para. 165.83 Dimensionaf and Intensity
Re uirements 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.
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4. A Kvaiiance VtheAopaque full screen element of the screening requirement. Chapter
165, Zoning; Para. 165 - 37 Buffer and Screening Requirements: Screening; (2) full
screen.
Along South Zoning Bound (RP to 132)
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,
hapter165, Zoning; 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 kudsGWe screen.
N
page aa6
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
NAME J.W. & Mary K. Patterson
189 North Street #2
Address strasburq, 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
ININTH0
Property ID#
NAME
Property ID#
NAME
Property ID#
107 Double Church Road
Address Stephens City, VA 22655
Address
Address
Address
NAME Address
Property ID#
NAME Address
Property ID#
Page S 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
SIGNATURE OF OWNER �f ,
(if other than applicant)
-OFFICE USE ONLY-
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BZA PUBLIC HEARING OF 5 ACTION:
- DATE -
APPROVAL SIGNED:
,BZA CHAIRMAN
DENIAL DATE:
3 v
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