BZA 02-17-98 Meeting AgendaFile COPY
AGENDA
FREDERICK COUNTY BOARD OF ZONING APPEALS
The Board Room
Frederick County Administration Building
107 N. Kent Street
Winchester, Virginia
February 17, 1998
3:25 p.m. CALL TO ORDER
1) Minutes of December 16, 1997
2) Election of Officers
PUBLIC HEARING
3) Variance Application #001-98 of Fairview Lutheran Church for a 41.2 -foot front
yard setback variance for an addition to the church for bathrooms and storage. The
property is located at 558 Fairview Road, and is identified with Property Identification
Number 26-A-8 in the Gainesboro Magisterial District.
4) Other
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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 December 16, 1997.
PRESENT: James Larrick, Jr.,Vice Chairman, Gainesboro District; Harold Nichols, Opequon
District; Ralph M. Wakeman, Shawnee District; Dudley Rinker, Back Creek District
ABSENT: Manuel Sempeles, Jr., Chairman, Stonewall District
STAFF
PRESENT: Michael T. Ruddy, Planner II; Carol Cameron, Secretary
CALL TO ORDER
In the absence of the Chairman, Vice -Chairman Larrick called the meeting to order
at 3:35 p.m.
MINUTES OF NOVEMBER 18, 1997
On a motion made by Mr. Rinker and seconded by Mr. Nichols, the minutes for the
November 18, 1997 meeting were unanimously approved as presented.
Variance Application #016-97 of John E. and Ada E. Bentley for a 12 -foot rear yard and a 6 -foot
side yard setback variance for the addition of two bedrooms and two -car attached garage. The
property is located at 118 Meadowview Court, and is identified with Property Identification Number
65E-7-5-40 in the Shawnee Magisterial District.
ACTION - APPROVED AS AMENDED
DISCUSSION
Mr. Ruddy read the application background and the staff comments, and presented
photographs of the property for the Board's review.
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Mr. Larrick said that before the Board begins reviewing this case, effective December
1, 1997, the entire section 15.1 of the Code [Code of Virginia] was repealed and replaced by 15.2.
He asked staff if the `verbage' had changed. Mr. Ruddy replied that the `verbage' had not changed
at all but that 15.2 would no longer be 496. Mr. Larrick requested that a copy be made available to
the Board before the next meeting.
Mr. John Bentley, applicant, came to the podium and said that in addition to what was
already stated by staff, he did not know about the utilities setback. He said that the way his property
is laid out with the utility box in the front of the property, he would only need two feet.
Mr. Larrick clarified that Mr. Bentley was asking for six feet on the side which would
leave five to the property line, and that the neighbor's property is also close to the line. Mr. Bentley
said that the addition would not go toward his neighbor's house. Mr. Rinker said that according to
the drawing, it goes off the back corner of the neighbor's house, about 20-25 feet. Mr. Ruddy added
that the photographs clearly show how close the addition would be to the adjoining property, placing
it four feet to the adjoining property line (potentially); however, encroachment into any easement is
above and beyond the realm of the Board of Zoning Appeals. There is also a concern as to utility uses
in the future.
Mr. Rinker asked if the required setback was presently 10 feet; Mr. Ruddy confirmed
this.
Mr. Larrick asked the applicant about the current size of his family. Mr. Ruddy told
the Board that he had a copy of Mr. Bentley's plat to scale which shows the building restriction area
and potential addition size which is available without a variance. [At this point, Mr. Ruddy passed this
around for the Board's review.1
Mr. Rinker asked Mr. Bentley if there was any reason why he couldn't build out to the
back of the house where the wooden deck is. Mr. Bentley felt that it would be cost -prohibitive to
build out back and he would have no access. Mr. Rinker clarified that they were looking at two
separate variance requests: one on the side and one to the rear; Mr. Ruddy confirmed that in the past
these types of requests were considered separately.
Discussion followed on whether the applicant built the house, how long he has owned
it, and if the addition would be one-story or two. Mr. Rinker asked if the side easement was not
granted, he could still have a 14- or 15 -foot addition. Further discussion followed on exactly what
it was that Mr. Bentley was asking for, as it was up to the applicant to make this clear.
Mr. Bentley replied that originally he was asking for 12 feet in the rear and now is
changing it to 10; and the six -feet on the side is changing to two and perhaps he could deal with the
people who have the easement.
Mr. Ruddy pointed out that it may not be that simple as the subdivision is part of a
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subdivision plan which was approved by Board of Supervisors.
Mr. Larrick asked the applicant if he understood the drawing presented by staff for
building the addition without obtaining a variance, and Mr. Bentley said that would be too impractical.
Mr. Rinker asked Mr. Bentley if he was speaking of building an addition that would be 20 feet wide
and 24 feet deep which is the width of the house presently. Mr. Bentley said this is what he had in
mind and that his neighbors have no objections.
There was no one else present to speak for or against the variance request
Mr. Rinker did not feel that the Board had any power to grant a side yard variance in
this case due to the easement restrictions, and was everyone in agreement that ten feet would work
for the rear yard variance. Discussion followed on the possible size of the addition with various
footage options for a rear yard variance, and whether a survey would be necessary to verify the plat.
Mr. Ruddy replied that the survey standards would come into effect in this case; Mr. Larrick added
that the applicant would not be able to obtain a building permit until this was done.
Mr. Rinker read the section of the Ordinance dealing with the grounds for granting a
variance. There was some discussion as to whether the previously mentioned Ordinance change had
any bearing on this case. Staff reiterated that there was no actual change in the content of the
Ordinance section, just the number.
Mr. Rinker made a motion to deny the amended two -foot side yard variance based on
the easement issue, Mr. Nichols seconded. The motion passed by unanimous vote.
BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby deny, by
unanimous vote, the amended two -foot side yard setback variance portion of Variance #016-97
of John and Ada Bentley.
Mr. Rinker moved to approve the amended, 10 -foot rear yard setback variance due to
the unique shape of the property; Mr. Nichols offered a second. The motion passed by unanimous vote.
BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby approve,
by unanimous vote, the amended ten -foot rear yard setback variance portion of Variance #016-
97 of John and Ada Bentley.
Other
Mr. Ruddy informed the Board of Mr. Andrew D. Evans' resignation as Zoning
Administrator, and that W. Wayne Miller (previous Zoning Administrator) would be serving in the
interim.
Mr. Ruddy also expressed thanks and appreciation to the members of the Board for
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all their hard work during 1997, especially in the Flying J case.
ADJOURNMENT
There being no further business to discuss, the meeting was adjourned at 4:20 p.m.
Respectfully submitted,
Manuel G. Sempeles, Chairman
Carol I_ Cameron, Secretary
A:W NUfES\1997\DEC_16.BZA
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BZA REVIEW DATE: 2/17,/98
VARIANCE #001-98
FAIRVIEW LUTHERAN CHURCH
LOCATION: The property is located at 555 Fairview Road.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 26-A-8
PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Church
ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use -
Agricultural
VARIANCE: 41.2' front yard setback variance for addition to the church for bathrooms and
storage
REASON FOR VARIANCE: The applicant states that due to the surrounding cemetery, the
church is restricted to the building site for their facilities.
STAFF COMMENTS:
Within the RA (Rural Areas) zoning district, the front yard setback, when adjoining any road right-of-
way, is 60 feet. The proposed addition would be located 18.8 feet from the existing 50 -foot right-of-
way running through the property, thus requiring the 41.2 -foot front yard setback variance.
The existing structure is surrounded by grave sites and headstones. These grave sites also cover the
majority of the area within the building restriction lines shown on the enclosed plat of the property.
It would appear as though the proposed building addition is located in the only area on the property
where it would be feasible to place a structure. Furthermore, it would appear that the addition of the
bathroom and storage areas to the church is key to the continued operation of the facility.
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
Fairview Lutheran Church Variance
Page 2
February 9, 1998
such hardship is not shared generally by other properties in the sa*Me zoning district an,4'be 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 is of the opinion that the variance requested would alleviate a hardship created by the unique
nature of this property. The existing cemetery significantly restricts the use of the property and the
location of the addition. This hardship is not shared generally by other properties in the vicinity and
would not be of substantial detriment to adjacent properties. Additionally, it is staffs opinion that the
approval of this variance is in harmony with the intended spirit and purpose of the ordinance.
STAFF RECOMMENDATION FOR 2-17-98 BZA MEETING: Approval
File: O:\AGENDAS\BZAICOM MENf S\FAI R VIE W. BZA
Variance #001-98 PIN: 26—A-8
Fairview Lutheran Church
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Page I of s APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
1. The applicant is the owner
2. APPLICANT:
3.
4.
5.
NAME: Karen TlPllingPr
other X . (Check one)
OCCUPANT: (if different)
NAME: ch
ADDRESSgor,2 Nnrj-hTjpqtprn Pike ADDRESS: 555 Fniryipw H.
TELEPHONE:
TELEPHONE : _ Non P
The property is located at (give exact directions and include
State Route numbers):
Take Route 50 West to Route 733 (Fairview Rd.). Turn right and
travel 3/4 mile to the church.
K-,.
The property has a road frontage of +630 feet_and a d'ptii.
of 350 feet and consists of 2.43 acres,=_please [be
exact)
The property is owned by Fairview Lutheran Church
as evidenced by deed from Beniyamin McKee recorded
(previous owner)
in deed book no. 81 on page 253 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.: 26-A-8
8. The existing zoning of the property is: RA
9. The existing use of the property is: Church
10. Adjoining Property:
USE ZONING
North
East
South
West
M
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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.")
Fr w�.G 7 o�,,rol
A 41.2' =zahn to=r:_setback variance for an addition
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
to the building site for their facilities.
13. Additional comments, if any
The 60' setback from the right of way seems excessive to some
degree since it is a private entry to a farm field. Note: the right
of way was shown to VDOT and we were told that they would not accept
a road dedication in this right of way since the entry to Rt. 733
was not perpendicular.
PMW7aS
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_ All_en_R.Knotts, Sr._ Address 301 Beaver Trail
Winchester, Va. 22602
Property ID# 2 6- A- 7 A .
NAME.. Earl H. Rafferty _ Address P.O. Box 22
Gore, Va. 22637
PropertyID# 2 6 -A- 7 B
NAME John & Alice Marple Address 340 Mar ole Lane
Gore, Va. 22637
PropertyID# 27-A-1
NAME Michael & Latricia McIntire _ Address P.O. Box 2302
Winchester, Va. 22604
Property ID# .___ 2 6 -A-19 B
NAME Esta McKee&James Berryhill Address 555 Fairview Road
Gore, Va. 22637
Property ID# 1 6 - A - 2.
NAME William V. Carpenter, Jr. Address 620 Fairview Road
Gore, Va. 2263/
PropertyID# 17-A-15
NAME
Property ID#
NAME
Property ID#
NAME
Property ID#
NAME
Property ID#
Address
Address
Address
Address
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Page S of S
AGREEMENT
VARIANCE # Q
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 91qff 1 6y 9 98,
SIGNATURE OF OWNER
(if other than applicant)
BZA PUBLIC HEARING OF
DATE
-OFFICE USE ONLY-
- DATE -
APPROVAL SIGNED:
DENIAL DATE:
ACTION:
BZA CHAIRMAN