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Home My WebLink AboutBZA 03-17-98 Meeting AgendaFILE COPY AGENDA FREDERICK COUNTY BOARD OF ZONING APPEALS The Board Room Frederick County Administration Building 107 N. Kent Street Winchester, Virginia March 17, 1998 3:25 p.m. CALL TO ORDER 1) Minutes of February 17, 1998 PUBLIC HEARING 2) Variance Application 4002-98 of Dorothy Moffett (B -K Office Supply, Inc.) for a 40 -foot reduction (south) and a 45 -foot reduction (west), of the required 100 -foot full screen buffer, for the purpose of expanding the existing structure. This property is located at 1154 Martinsburg Pike and is identified with Property Identification Number 54-A-82 in the Stonewall Magisterial District. 3) Variance Application #003-98 of M M & O Partnership for a 1.11 -foot side yard and a 21.82 -foot rear yard setback variance to construct an equipment and material storage building. This property is located at 812 North Kent Street and is identified with Property Identification Number 54-A-64 in the Stonewall Magisterial District. 4) Other 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 February 17, 1998. PRESENT: Manuel Sempeles, Jr., Chairman, Stonewall District; James Larrick, Jr.,Vice Chairman, Gainesboro District; Dudley Rinker, Back Creek District; Ralph M. Wakeman, Shawnee District ABSENT: Harold Nichols, Opequon District STAFF PRESENT: Michael T. Ruddy, Planner II; Carol Cameron, Secretary CALL TO ORDER Chairman Sempeles called the meeting to order at 3:25 p.m. MINUTES OF DECEMBER 16, 1997 On a motion made by Mr. Larrick and seconded by Mr, Rinker, the minutes for the December 16, 1997 meeting were unanimously approved as presented. ELECTION OF OFFICERS FOR 1998 Action - Re-election of Chairman Sempeles as Chairman The nomination of Mr. Sempeles was made by Mr. Larrick and seconded by Mr. Rinker. BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby unanimously re-elect Manuel Sempeles, Jr. as Chairman of said Board for 1998. Action - Re-election of James Larrick, Jr. as Vice Chairman Wakeman. The nonnination of James Larrick, Jr. was made by Mr. Rinker and seconded by Mr. BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby unanimously re-elect James Larrick, Jr. as Vice Chairman of said Board for 1998. Action - Re-election of Carol Cameron as Secretary The nomination of Carol Cameron was made by Mr. Rinker and seconded by Mr. Larrick. BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby unanimously re-elect Carol Cameron as secretary of said Board for 1998. 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. ACTION - APPROVED DISCUSSION Mr. Ruddy read the application background and the staff comments, and presented photographs of the property for the Board's review. He also called attention to the site plan of the addition included in the agenda package. Mr. Dave Whitacre, a member of and representative for Fairview Lutheran Church, spoke in favor of the variance. He stated that there is a significant restriction with the surrounding cemetery to do any building, and the lack of restrooms is a significant problem. Mr. Rinker asked if they currently had no restroom facilities at all; Mr. Whitacre said they had an outhouse a few hundred yards down the hill. Mr. Larrick asked if the addition would be going any closer to Route 733, Mr. Ruddy replied that it would not, but that the problem is in the 50 - foot ingress/egress road easement, which is a road right-of-way and serves the properties to the rear. Mr. Larrick asked if that was a dirt road that people use to get back to their houses; Mr. Whitacre said there is a farm down that road, which is a dirt road, and the owner has an access road to his house that he uses off of Route 50. Mr. Larrick asked if anyone has asked the owner if he 3 would relinquish rights to the private right-of-way. Mr. Ruddy stated that VDOT would be against relocating the right-of-way because of the sight distances, and that it was a unique situation. Chairman Sempeles called for anyone else present to come to the podium. however, no one else present chose to come forward. There were three other people present in favor of the variance. Karen Dellinger, member of the Fairview Lutheran Church, spoke from her seat, saying that she just wanted to add that the church has no running water. There was no one present opposed to the application. Mr. Larrick made the motion to approve the 41.2 -foot front yard setback variance, and Mr. Rinker 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, Variance #001-98 of Fairview Lutheran Church, for a 41.2 -foot front yard setback variance an addition to the church for bathrooms and storage. ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 3:35 p.m. Respectfully submitted, Manuel G. Sempeles, Chairman Carol L Cameron, Secretary A:\Iv1INMS\1998TEB 17.8ZA BZA REVIEW DATE: 3/17/98 VARIANCE #002-98 DOROTHY F. MOFFETT (B -K Office Supply, Inc.) LOCATION: The property is located at 1154 Martinsburg Pike. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 54-A-82 PROPERTY ZONING & USE: Zoned B3 (Industrial Transition) District; Land use - Warehouse/Storage ADJOINING PROPERTY ZONING & USE: North: Zoned B2 (Business General) District Land use: Sales & Storage East: Zoned M2 (Industrial General) District Land use. Warehouse South: Zoned RP (Residential Performance) District Land use: Residential West: Zoned RP (Residential Performance) District Land use: Residential VARIANCE: 40 -foot reduction (south) and a 45 -foot reduction (west), of the required 100 -foot full screen buffer REASON FOR VARIANCE: Applicant states that the property formerly had a freezer building unit constructed on it which was removed except for its foundation. The existing foundation is intended for the purpose of expansion of the existing warehousing. STAFF COMMENTS: Since the original development of this property, performance standards mitigating the impact of development in zoning districts which adjoin properties of a different zoning classification have been implemented. The proposed addition to this facility is in the direction of land that is zoned RP (Residential Performance) and is used for residential purposes. Section 165-37D requires that a "C" category buffer is provided when B3 zoned land is being developed adjacent to land that is zoned RP. Dorothy Moffett/B-K Office Supply Page 2 March 11, 1998 A "C" category buffer would require a buffer distance of 100' with a full screen. The proposed addition would be constructed directly onto an existing foundation that is located 55 feet from the RP property to the west and 60 feet from the RP property to the south, thus requiring a 45 -foot reduction in the distance portion of the buffer to the west and a 40 -foot reduction in the distance portion of the buffer to the south. The full screen requirement of the buffer still applies and should be implemented. In a letter dated February 27,1998, the applicant has stated their willingness to fulfil this full screen requirement. 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 is of the opinion that the variance requested would be appropriate. This request is unique in that it reestablishes the location of a previously existing structure as shown on the enclosed plan. In addition, the implementation of a full screen adjacent to the residential properties will dramatically increase the level of bufferring provided to the adjoining properties, lessening the impact on these residences. Furthermore, it is staff's opinion that the approval of this variance would be in harmony with the intended spirit and purpose of the ordinance. STAFF RECOMMENDATION FOR 3-17-98 BZA MEETING: Approval He: O:WGENDAS\BZA\COMMENTS\MOFFETT.BZA 00'i i r.4 G: ih� i♦ Page 1 of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA I. The applicant is the owner XX other . (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: NAME: -K OFFICE SUPPLY. INC. ADDRESS POST OFFICE BOX 2870 ADDRESS: 1154 MARTINSBURG PIKE WINCHESTER, VTRGINIA 226Q4 WINCHESTER VIRGINIA 22602 TELEPHONE: 540_rr,?_7724 TELEPHONE: 540-662-1824 3. The property is located at (give exact directions and include State Route numbers): —East of ute 11 North next to Preston I Moffett Distributing Company; building adiacent is occupied by B -K Office Supply. 4. The property has a road frontage of 0 feet and"" -a- -"depth of 21.1 feet and consists of 1,329 acres. please be exact) %e.`,:� i s t',rir 5. The property is owned by DOROTHY F. MOFFETT ., as evidenced by deed frommn-FpFTT ✓'<k Geo recorded in (previous owner) , '�' deed book no. _ H on page I7n o ` the deed books of the Clerk of the Court for Frederick County. JAttach a copy of the deed. Page 2 of 5 6. Magisterial District: STONEWALL DISTRICT 7. 14 -Digit Property Identification No.: 54-A-82 8. The existing zoning of the property is: B-3 9. The existing use of the property is: warehouse Storage 10. Adjoining Property: iL�.E Zo�?NS North Sales & 5torage B-2 East _ Warehouse .. M-2 South _ Residential West Residential _ R -P — ------ R_p 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.").scow ReQuest is made to allow the extension of the existing building; the request Rt6� v, € V tQo' rt_,LL_ sc,eccrJ f3u rr-6.� vAriance is e reduction of the setbac of 100' §16.5=88 , to a) to 60' . w� `x e �r FZ- t-- T �+ Fu.u. c 'b ' '�GJlJJd he West property line see the attached drawing). 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 situation or condition of property, the use or development of property thereto or other extraordinary ori_. V. i. immediately,adjacent e o erty formerly had a freezer building unit constructed upon it which was removed except for its foundation. The existing foundation is intended for f ex ansion of the existing warehousing. The variance is sought because of the use of the building on the subject property. 13. Additional comments, if any pa" 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: Audrey L. Lilliard 1086 Martinsburg Pike NAME Judith S. Beckett Address Winchester, Virginia 22602 Property ID# 5 4A- -1 g NAME Mildred L. Willingham Property ID# 54A-1-19 1098 Martinsburg Pike Address Winchester, Virginia 22602 NAME 1114 Martinsburg Pike Mark TJ- Armel Address e ter Vir inia 22602 Property ID -41 54A-1-20 1118 Martinsburg Pike NAME David A. Fahnestock Address Winchester, Virginia 22602 Property ID# 54A-1-21 RUM -10 Property ID# Address POST OFFICE BOX 2870 NAME PRESTON I. MOFFETT Address WINCHESTER, VIRGINIA 22604 Property ID# NAME KRAFT GENERAL FOODS. INC. Property jD# 54 -A -36G rjAME FORT COLLIER GROUP Property ID# 54-A-3EI NA+lvfE Property ID# NAME Property ID# C/o PROPERTY THREE LAKES DRIVE, NF217 Address NORTHFIELD, ILL 60993 6231 LEESBURG PIKE, SUITE 600 Address FAILS CHURCH VIRGINIA 22044 Address Address 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 J' 1�Cc, ,� A2 DATE / - ?D -1 f DOROTHY F MOFFET SIGNATURE OF OWNER A r DATE —2 % F (if other than applicant) DOROTHY F.(�MOFFETY JANUARY 79-,779U BZA PUBLIC HEARING OF -OFFICE USE ONLY- - DATE - APPROVAL SIGNED: DENIAL DATE: ACTION.- BZA CTION: BZA CHAIRMAN Preston I. Moffett Distributors, !nc. P O_ oox 2370 Winc"ester. ''JA 2260 (703)662-7724 February 27, 1998 Frederick County Board of Zoning Appeals Department of Planning and Development 107 North Kent Street Winchester, Virginia 22601 ATTENTION: MIKE RUDDING RE: Preston I. Moffett, Inc. Variance Application My File No.: 98B-0018 Dear Mr. Rudding: The undersigned applicant, Dorothy Moffett, would hereby proffer as an addition to the Application for Variance pending in this matter, the fact that the applicant would be willing to fully screen, as required by the Frederick County Zoning Ordinance, the property for which the variance is sought from the residential property lying to the West and the South of the subject land. Please consider this letter as part of the application for the variance. Very truly yours, Dorothy Moffett DM/jmw LO -1 i3 s ssSz vv r 0 FREDERICK COUNTY '.'Beginning at a point in the northern highway andary line of the above mentioned highway, which point is 275 feet measured southwardly from Stine's northern boundary line, said lot having a frontage of 100 feet on U.S. # 11 and extending northwestward) at right angle between parallel lines a distance of 423 feet on the northern side and 447 feet on the southern side to the southeastern boundary line of 20 foot strip reserved for a roadway, the rear width of the lot being 102, 8 feet. " 1� C) HUNTER M. STINE ESTATE LOTS - D.B. 218, Pg. 520 C) STAR FORT ESTATE -- D.B. 747, Pg. 166 I C • BZA REVIEW DATE: 3/17/98 VARIANCE #003-98 M M & O PARTNERSHIP LOCATION: The property is located at 812 N. Kent Street. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 54-A-64 PROPERTY ZONING & USE: Zoned M2 (Industrial General) District; Land use - Retail and Electrical Service ADJOINING PROPERTY ZONING & USE: Zoned M2 (Industrial General) District; Land use: North and East - Lumber Mill and Storage; South - Chemical Manufacturing; West - Food Processing VARIANCE: 1.1 P side yard setback variance and a 21.82' rear yard setback variance. REASON FOR VARIANCE: The applicant states that the narrow width of the property prevented the building from being set out any further, and to maintain parking in front of the building. STAFF COMMENTS: Within the M2 (Industrial General) zoning district, the side and rear yard setback is 25 feet. As is evident on the accompanying plat, there is an existing building located 4.94' away from the side property line. This existing building is legally nonconforming. Therefore, any other building located on this property may be located as close, but not beyond, this legally nonconforming side setback distance of 4.94 feet. The storage building for which the variance is being sought was constructed without the aid of a building permit and the required site development plan, and is located in violation of the 4.94 -foot side setback by 1.11 feet, the distance of the side yard setback variance request. The storage building is also located 3.18 feet away from the rear property line. This is in violation of the 25 -foot rear yard setback by 21.82 feet, the distance of the rear yard setback variance request. M M O Partnership, Inc. Page 2 March 11, 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. Staff is of the opinion that the variance requested would be inappropriate as an undue hardship does not exist. This property, although relatively small for a business of this scale, has been continually used for business and industrial purposes. Denial of this variance would not unreasonably restrict the use of this property. A smaller storage building could have been constructed on the property in conformance with the existing setback requirements, without the aid of a variance. Furthermore, it is staff s opinion that the approval of this variance would not be in harmony with the intended spirit and purpose of the ordinance. STAFF RECOMMENDATION FOR 3-17-98 BZA MEETING: Denial File: O:\AGENDAS\BZA\COMMENTS\MMO PART.BZA Variance #003-98 PIN: 54—A-64 MM&0 Partnership 46 Page 1 of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA 1. The applicant is the owner 2. APPLICANT: NAME: M M ` Q _?AR-ra E,&S 1 jP other . (Check one) OCCUPANT: (if different) NAME: ADDRESS B►Z t 1., �C@, I Sza .¢T ADDRESS: ?Nc�►ti.Ss vA Z�ol TELEPHONE: (ctQ w. Z -)—qq 4 TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): e I Z IJiONSiA `(1L,JT Ste„ ' Y "'., ^ i1JtiQ . r4 +" v: s1"`WWW 4. The property has a road frontage of i5 feet and a depth Of 21I.9c� feet and consists of p.3(.46 acres. (please be exact) 5. The property is owned by M j -t U PA(tswu-sP as evidenced by deed from 6dgw.ao F— PELa- sa, recorded (previous owner) in deed book no. $ O15 on page 1459 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: STQ"r-WALL 7. 14 -Digit Property Identification No.: 8. The existing zoning of the property is: M 2 9. The existing use of the property is: 9L,2N►�.usanc,�w Suw► 10. Adjoining Property: L7GF TONING North UiAw* . s maA" East l,iF+►aul- M.u, i 5snaac.�. t'1 Z South CNEKIUa�. West Faoa MZ 11. Describe the variance sought in terms of distance and type. (For example: "A 3.51 rear yard variance for an attached two car garage.") t • 510 `b/yRL� VAfLVl,.x,6 (AOR. CQ1JkPtV,,Js M•►O F�G1�p.n.►ru. STOR A4f. 6v►w► )-1.82•, R6PA NAC0 V4P-iAivCC 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 l �4E �4mR.cw Q -C>na o+ 7NE PR.oPfiA" yya 5 UT W 'r I4iJ `I C -J tVA 1 CO1. A itTO t-�A4t r U %3 PAt�.ac � ac, 1� "u r 00-_ rAO— C7aU1�.0►r�14 . FF1.K.�1Ml�-+fir l.)�rq TK1{t- 6R144fL �V1t�D��IGS, %E „'?L5 J 13. Additional comments, if any fr C V +�'yr • pne3d5 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 Pw,..Avj 1, t-4bm C -6p e. Address ?.c. C?>ox ZZSo Property ID# 54 • p - l.s lijI,JUAW, bV14V) JA W4604 NAME N, %o4 R . _omagA M. Th4 w (L Address MU rl . V-r,,,,y,r STfuu'� x Property ID# 54- A- LA t Q& vW0 i NAME Address Property ID# NAME Address_ Property ID# NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# Par S or S AGREEMENT VARIANCE # 00.3 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 X44 DATE Z- L Irl , C SIGNATURE OF OWNER DATE (if other than applicant) BZA PUBLIC HEARING OF -OFFICE USE ONLY- - DATE - APPROVAL SIGNED: DENIAL DATE: ACTION: BZA CHAIRMAN NAIL FOUND l� 6�0'py 'o IRF a / / IPF NOTES: 1. BOUNDARY INFORMATION SHOWN IS TAKEN FROM BOUNDARY SURVEY BY DOVE & ASSOCIATES DATED NOVEMBER 9, 1993. 2. VERTICAL DATUM IS BASED ON AN ASSUMED ELEVATION OF 100.00. LEGEND: (99.9)• EX. SPOT ELEVATION F.F.E. FINISHED FLOOR ELEVATION IPF IRON PIPE FOUND IRF IRON ROD FOUND