BZA 05-19-98 Meeting Agenda;LL U PY
AGENDA
FREDERICK COUNTY BOARD OF ZONING APPEALS
The Board Room
Frederick County Administration Building
107 N. Kent Street
Winchester, Virginia
May 19, 1998
3:25 p.m. CALL TO ORDER
1) Minutes of April 21, 1998
PUBLIC HEARING
2) Variance #005-98 of Gary and Dianne DeOms for a 10 -foot side yard setback
variance (north) for an addition to an existing single-family residence. This property
is located at 149 Carters Lane, and is identified with Property Identification Number
74 -A -10E in the Back Creek Magisterial District.
3) Variance #006-98 of Maurice and Betty Sue McGrew for a 31 -foot side yard
setback variance for an addition to an existing single-family residence. This property
is located at 1486 Double Church Road, and is identified with Property Identification
Number 8613-5-1-2 in the Opequon Magisterial District.
4) Variance #007-98 of Dorothy E. Bolyard for a 24 -foot side yard setback variance for
an addition to an existing single-family residence. This property is located at 763
Jordan Springs Road, and is identified with Property Identification Number 44-A-255
in the Stonewall Magisterial District.
5) Variance #008-98 of Shenandoah Sand, Inc., submitted by Simon Newlin, for a 25 -
foot front yard setback variance for an existing structure and the construction of a new
addition. The property is located in the Stonewall Industrial Park, and is identified with
Property Identification Number 43-19-6 in the Gainesboro Magisterial District.
6) 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 April 21, 1998,
PRESENT: Manuel Sempeles, Jr., Chairman, Stonewall District; James Larrick, Jr.,Vice Chairman,
Gainesboro District; Theresa Catlett, Opequon District; Dudley Rinker, Back Creek
District; Ralph Wakeman, Shawnee District
STAFF
PRESENT: Michael T. Ruddy, Planner H; Carol Cameron, Secretary
CALL TO ORDER
Chairman Sempeles called the meeting to order at 3:25 p.m.
MINUTES OF MARCH 17, 1998
On a motion made by Mr. Larrick and seconded by Mr. Rinker, the minutes for the March
17, 1998 meeting were unanimously approved as presented.
Variance #004-98 of Roy and Crystal Combs for a 50 -foot side yard setback variance (north) to permit
construction of a single-family residence within 200 feet of a working orchard. The property is located
on Germany Road, north of the intersection of Rt. 625 and Rt. 629, and is identified with Property
Identification Number 73 -A -48A in the Back Creek Magisterial District.
ACTION - APPROVED
DISCUSSION
Mr. Ruddy read the application background and the staff comments, referenced a similar
case from June of 1997 [Variance #008-97, Mr. and Mrs. Crites], and presented photographs of the
property for the Board's review. Mr. Ruddy also referenced a copy of the motion which was made for
the previous case and a copy of the minutes from that meeting. He pointed out that one photograph,
which shows the rock ledge, shows the proposed location of the residence.
Betty Von Snapp, representative for the applicants (who were unable to attend the
2
hearing), came forward to speak in favor of the application.
Mr. Rinker asked Mrs. Snapp what the value of the property was as agricultural land. She
replied that it ranged from between $2,500 to $3,000 an acre, so the total would be about $5,000.
Mr. Larrick asked if the property now belonged to the bankruptcy court, since it was
listed under the name of Roy Wolf, Trustee, and if the applicants (the Combs) hoped to buy it. Mrs.
Snapp replied that was the case and that the Combs hoped to build a house on the property.
Discussion followed on what might happen if the property was not able to be sold as a
building lot.
There was no one else present to speak in favor of the application. Chairman Sempeles
asked if anyone was present who wished to speak in opposition. Mr. John Nichols, whose family rents
the orchard adjacent to the subject property, came forward and read a prepared statement in opposition
to the variance. He stated that he was not there to protect his own interests, but to speak in favor of
enforcing the 200 -foot setback from an orchard. He cited possible problems with chemical spraying and
noise, and problems with the existing trees on that lot if left untreated. He also believed that there was
a discrepancy in item 2 on page 10 of the application, in that there is an orchard to the east. The
[proposed] house is 137 feet from Route 625, which has a'35 -foot right-bf-way, so this house would be
167 feet from an orchard on the east side. Mr. Nichols said that he did not believe the road made any
difference. Mr. Nichols also expressed his concern with the approval of this case setting a precedent for
future cases.
Chairman Sempeles asked Mr. Nichols if he were speaking on behalf of the R & T
Packing Company; Mr. Nichols replied that he was not and did not know why they were not represented
here today.
Mr. Rinker asked if the adjoiners had been notified; Mr. Ruddy described the adjoiner
notification letter and process. Mr. Rinker asked Mr. Nichols if he concurred with Mrs. Snapp's estimate
on the property value; he replied that he would agree with her.
Chairman Sempeles asked Mr. Nichols what sort of problems he envisioned if this
application were approved. Mr. Nichols cited activities such as people walking around in the orchards,
or problems related to the spraying. Upon questioning, he said that he did not know of any orchardists
who had been sued due to chemical spraying.
Mr. Larrick asked Mr. Nichols why he thought the Board of Zoning Appeals existed if
there were no variances to be granted. Mr. Nichols replied that he understood the function of the Board
but that he wanted to make sure that the Ordinance was enforced. In response to Mr. Larrick's question,
he replied that he felt that the orchard presented unique problems, as opposed to an applicant who was
requesting a 35 -foot side yard variance to build a deck.
Mrs. Catlett asked Mr. Nichols if he would be prohibited from any normal activities if
this variance were granted and he replied no. However, he still felt that the noise associated with
nighttime activities would be a problem. Mrs. Catlett asked about Mr. Nichols' comment about the
discrepancy on the application, and that all the information she had showed that all other sides were in
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conformance [with the Code].
Mr. Ruddy answered that the information in the application was correct and added that
there is a 60 -foot front setback regardless of what the use is, agricultural or orchard, across the road
right-of-way. He said that this issue has been discussed before, but it is a function of the Board of
Supervisors, not the Board of Zoning Appeals, to amend requirements of the Zoning Ordinance.
Mr. Ruddy brought to the Board's attention the copy of a letter of opposition from Mr.
and Mrs. Anderson.
Mr. Rinker mentioned that the Andersons were in a similar situation and had to move
their building location 200 feet.
Chairman Sempeles asked Mr. Nichols if there was a lot of real estate activity in his area
at this time; Mr. Nichols replied that a Mr. Tony was selling off two -acre lots for development that
border on orchards, `Bevy Hill."
Mr. Steve Snapp, adjoiner, came to the podium and spoke in opposition to the variance.
He also cited potential problems with chemical spraying.
motions.
No one else was present to speak against the motion; therefore, the Chairman entertained
Mr. Rinker moved to deny the application but the motion failed due to lack of a second.
Mr. Larrick moved to approve the variance request based on the statute, rather than what
the handbook says; therefore, he moved to approve the request as an undue hardship exists and where
strict application would produce this hardship; this hardship is not shared generally by other properties
in the area, and would not be a substantial detriment to adjacent properties. Mrs. Catlett seconded the
motion.
Discussion on the motion followed. Mr. Rinker stated that he disagreed that there was
a hardship on the family because the property still retains value and the value was not being confiscated.
The lot could still be used for agricultural purposes, whether it is for apple production, strawberries, a
greenhouse or anything else. Also, this lot is surrounded by orchard on three sides and should not be
considered the same as the other two -acre lots across the street which are not bordered by orchards. The
200 -foot setback was instituted by the Board of Supervisors for a very important reason, to maintain the
integrity of agriculture and fruit production in Frederick County. If they had felt that 150 feet were
appropriate, then 150 feet would have been put in.
vote.
The Chairman called for any further discussion; seeing none, Mr. Larrick called for the
VOTES TO APPROVE: Mr. Wakeman, Mrs. Catlett; Mr. Larrick; Chairman Sempeles
VOTES TO DENY: Mr. Rinker
BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby approve by
majority vote, Variance #00498 of Roy and Crystal Combs, represented by Betty Von Snapp, for
a 50 -foot side yard setback variance (north) to permit construction of a single-family residence
within 200 feet of a working orchard.
Mr. Nichols came back to the podium and asked if there was any way that the Board of
Zoning Appeals could request that any fruit trees left on that property be removed because if left
untreated, they could cause problems. Chairman Sempeles replied, and Mr. Larrick concurred, that the
Board of Zoning Appeals had no power over that and would not be the ones to deal with it.
OTHER
Mr. Ruddy brought to the Board's attention a petition to review a site plan; however, after
conferring with Robert Mitchell, the BZA attorney, the decision was made that it was not within the
Board's power to do so. Staff would notify the petitioners to that effect, and that it was a Circuit Court
and Board of Supervisors' issue.
In addition, on behalf of the Board of Zoning Appeals, Mr. Ruddy formally welcomed
Mrs. Theresa Catlett to the Board.
Mr. Larrick moved that the minutes reflect the years of service by Mr. Harold Nichols,
previous Board member, and requested staff to forward the Board's appreciation to Mr. Nichols. Staff
replied that the Planning Department would create a resolution for presentation to Mr. Nichols.
ADJOURNMENT
There being no further business to discuss, the meeting was adjourned at 4:10 p.m.
Respectfully submitted,
Manuel G. Sempeles, Chairman
Carol I. Cameron, Secretary
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BZA REVIEW DATE: 5/19/98
VARIANCE #005-98
GARY AND DIANNE DeOMS
LOCATION: The property is located at 149 Carters Lane.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 74-A- l OE
PROPERTY ZONING & USE: Zoned: RA (Rural Areas) District; Land use - Residential
ADJOINING PROPERTY ZONING_ & USE: Zoned: RA (Rural Areas) District; Land use -
Residential, orchard, and agricultural
VARIANCE: A 10 -foot side yard setback variance (north) for an addition town existing single-
family residence.
REASON FOR VARIANCE: The applicant states `This is the only location where we can attach
to the home and have both the garage and upstairs rooms. This location is next to the existing
driveway and does not interfere with the well or the existing septic system.'
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 10 -foot variance to place an addition onto the rear of the principal structure which would
angle toward the adjoining side property line to a point approximately 41 feet away from this property
line.
As depicted on the plat included with the application, the house is located on a three -acre lot. It
would appear as though the applicant is not limited to choice of location. It may be feasible to place
the addition to the rear of the property in compliance with zoning ordinance requirements.
Furthermore, the property is currently being used for residential purposes.
Gary & Dianne DeOms
Page 2
May 11, 1998
In this case, strict application of the zoning ordinance does not prohibit the use of the property. The
property is being used, primarily, 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 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
O:IAGEN DAS\BZA\COMMENTS\DEOM S.BZA
Variance #005-98 PIN: 74—A-1OE
Gary & Dianne DeOms All zoning on this map is RA
Produced by Frederick County Planning and Development, 05-06-9$ 46
Page 1 of 5 APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
1. The applicant is the owner Yx other (Check one)
2. APPLICANT: OCCUPANT: (if different)
NAME: NAME:
ADDRESS 149 Carters Lane ADDRESS:
41-Pjph,-r its f VA ?2rr.S
TELEPHONE: _San -R ti�a_a TELEPHONE:
3. The property is located at (give exact directions and include
State Route numbers):
1.8 miles west of Stenhens city on Marlboro Road f 311 turn ri h8 t _
5•
s•kV�v
a on Carters Lane „(Rt. 629)Third house on lett front corner _
4..._: The property has a road frontage of 138.26 feet and a depth
of feet and consists of _acres. (please be
exact
) depth south side 614.331, north side 602.17'
5. The property is owned by Gary C. and Dianne y- •DeomS
as evidenced by deed from recorded
(previous owner)
in deed book no. on page _�� 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:
7. 14—Digit Property Identification No.: 740000A000010E
S. The existing zoning of the property is: Residential
9. The existing use of the property is:_ nwnerS }inmP
10. Adjoining Property:
ZONING
North
East
South raci clPnd _ RA
^
West farm, r-rn= 1 and RA L ��^ -
2
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.")
10 foot variance on north side for 2 story addition to rear of house
to include garage downstairs and family, sewing and bathroom upstairs
We also wish to move the stairway to the basement from the existing
kitchen to the addition in order to enlarge the kitchen and remodel it.
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
This is the only location where we can attach to the home and have both
the garage and upstairs rooms. This location is next to the existing driveway
and does not interfere with the well or the existing septic system.
13. Additional comments, if any
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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 Harold G Nichols Address 1832 Chapel Road, , Mr$t1-letewil �,—TdA
Property ID# 22645
NAME Anna MaY;a r�rnwn __ Address a rs Ln Ste hens Cit VA 22E
Property ID# 74000OA000010B
NAME j]avi r3 anri F.1 1 an Sandv _ AddreSS 1 25 ar ar Ln tephens CitvVA22655
Property ID# 749000A00 011A
NAME ph i l l i n um i t Pn 7 AddresS214 CartprS Ln.Stephensit VA 22655
NAME
Property ID#
NAME
Property ID#
NAME
Property ID#
NAME
Property ID#
NAME
Property IN _
NAME
Property ID# _
Address.
Address,
Address
Address
Address
Address,
Page S of S
AGREEMENT
VARIANCE # 00,5-2
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 he 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 �i /�2 DATE- lC�
SIGNATURE OF OWNER
(if other than applicant)
BZA PUBLIC HEARING OF
DATE
-OFFICE USE ONLY-
- DATE -
APPROVAL SIGNED:
DENIAL DATE:
ACTION:
BZA CHAIRMAN
HAROLD G. FiICHOLS — D,8. 344-P. 56
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BZA REVIEW DATE: 5/19/98
VARIANCE #006-98
MAURICE AND BETTY SUE McGREW
LOCATION: The property is located at 1486 Double Church Road.
MAGISTERIAL DISTRICT: Opequon
PROPERTY ID NUMBER: 86B-5-1-2
PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Residential
ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use -
Vacant and Residential
VARIANCE: A 31 -foot side yard setback variance for an addition to an existing single-family
residence.
REASON FOR VARIANCE: See attached supplemental sheet
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 31 -foot variance to place an addition onto the side of the principal structure. This would
place the structure 19 feet from the adjoining property line.
As depicted on the plat included with the application, the house as it currently exists is legally
nonconforming with regards to the distance it is setback from the various property lines. The
applicant would be permitted to construct up to, but not beyond, the limits of the existing structure.
However, 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.
Maurice & Betty McGrew
Page 2
May 11, 1998
In this case, strict application of the zoning ordinance does not prohibit the use of the property. The
property is being used, primarily, 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 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
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Variance #006-98 PIN: 8613-5-1-2
Maurice & Betty McGrew All zoning in this snap is RA
Produced by Frederick County Planning and Development, 05-06-98
Page I of s APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
1. The applicant is the owner X other . (Check one)
2.
APPLICANT: OCCUPANT:
NAME:f�u2�'c,�
ADDRESS ADDRESS: _
TELEPHONE:( - / TELEPHONE:
(if different)
3. The property is located at (give exact directions and include
State Route numbers):
�I�ytt/� it Lc�.�c�_ �L d, ,✓iJ ftoC�C`%O�'iG Ei 71- /Cry
fly APF �3
�r,
\I.'-:
r f DEPT. F PL�N;y�r;
4. The property has a road frontage of �. C`' feeLO*, andiYa;depth
of feet and consists of • . acres; ; (pleas be
exact)
5. The property is owned by#;X4u e,,.1f- ,y `Iel'
as evidenced by deed from ;eL C,�„ : ;� recorded
(previous owner)
in deed book no. S 7 on page 0 1J'415- 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:
7. 14 -Digit Property Identification No.: 1- 2-
8. The existing zoning of the property is:
9. The existing use of the property is:
10. Adjoining Property:
USE ZONING
North LOA' A
East
South
West
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.")
31' V6W' C4 -CJ(
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
13. Additional comments, if any
04V
Nil
pgp3d3
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 Ere IVEA-if-
Address f
fX-10-?7
Property ID#
41�
NAMETE !* `4 Y fy a Ki% Ga,� k Address %`if( /74,--szez lac /1
C? = y � Gam?' 2 -C-6 -
Propertym# - — Z 3 G l..h. U Amo
NAME r c ,� e •� �c �S�'_ ��.� Address ZO R1 Xz r,-
Property ID# — 5 �v �.t S
NAME V e, fh✓-? 74,E ,2,9 Address AK7?-
Property ID# ( Tj ' s — ,vo,-�
NAME
Property ID#
NAME
Property ID#
NAME
Property ID#
NAME
Property ID# _
NAME
Property IN _
NAME
Property ID# _
Address
Address
Address
Address
Address
Address
OF
y Fy
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70703
THAT
ON JUNE 28, 1995
I `DIAD ACCURATE SURVEY 4F THE _
THIS
IS TO CERTIFY
THERE ARE
NO EASEMENTS OR
ENCROACPMENTS VISIBLE ON THE GROUND OTHER THAN
fi-EREON
AND THAT
THOSE
SHOWN HEREON,
THIS
LOT DOES NOT FALL IN
A FLOOD HAZARD
ZONE.
PLAT
LS RECORDED IN DEED
BOOK 574 AT PAGE
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. w 147
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DAVID M. R)RSTENAU
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LOT 2-R SECTION I
WOODSIDE
- — — OPEOUON DISTRICT
DOUBLE CHURCH ROAD FREDERICK COUNTY, VIRGINIR
HOUSE LOCATION SURVEY PATE: JUNE 28,19 -
SCALE: I" = 40'
FURSTENAU SURVEYING
DWN. BY:
Maurice C. and Betty Sue McGrew Variance Application - Supplemental Sheet
Items 12 and 13
We want to place an addition on the end of our house to be used as a Family Room and Office to
substitute for the existing space used in the basement. The drainage in the shale upon which our
house sits is not good and we have for years had problems with dampness and flooding. We have
had to replace carpeting and furniture because of water damage. We would consider adding on in
the rear but the existing septic and drain fields would have to be relocated and that is not a
feasible option in our opinion. So, the only direction available is to the north. By this addition we
would be able to move our existing family room and office to the upper level and just use that
space as a basement where the water problem would be bearable. This addition would mirror the
existing roof line and style of the house. The south end of the house is already much closer to the
line than the 50' requirement and because of the size of the lot(less than 1 acre) we feel we should
not be held to a requirement essentially established for 5 acre lot subdivisions
Maurice C. McGrew Date
l6 /73
Betty,Sue McGrew ]Yate
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 APPLICANTS DATE
SIGNATURE OF OWNER DATE
(if other than applicant)
BZA PUBLIC HEARING OF
-OFFICE USE ONLY-
- DATE -
ACTION:
APPROVAL SIGNED:
BZA CHAIRMAN
DENIAL DATE:
•
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BZA REVIEW DATE: 5/19/98
VARIANCE #007-98
nnRnTi7V E DnY V A DT
• V L 1 Al W
LOCATION: The property is located at 763 Jordan Springs Road.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 44-A-255
PROPERTY ZONING & USE: Zoned: RA (Rural Areas) District; Land use - Residential
ADJOINING PROPERTY ZONING & USE: Zoned: RA (Rural Areas) District; Land use -
Residential and Business
VARIANCE: A 24 -foot side yard setback variance for an addition to an existing single-family
residence.
REASON FOR VARIANCE: The applicant states `The property is long but the width is narrow.
The addition cannot be added to the rear, which is the only side that complies, because I have a
building approximately 17 feet from my house. If I were to tear down the building with the addition,
the house would appear awkward.' See attached "Exhibit 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 24 -foot variance to place an addition onto the side of the principal structure. This would
place the structure 26 feet from the adjoining property line. A disparity exists between the floor plan
of the building and the distance from the property line shown on the building permit which should be
clarified by the applicant. When a 24 -foot addition is subtracted from 59 feet (the distance of the
existing house from the property line), the addition would be located 31 feet from the property line,
thus requiring only a 19 -foot variance.
Dorothy E. Bolyard Variance
Page 2
May 8, 1998
As depicted on the plat included with the application, the house as it currently exists conforms with
all setback requirements. 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, primarily, 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 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 RECONEWENDATION: Denial
I/
O:\AGENDAS\BZA\COMMENTS\BOLYARD-BZA
Variance #007-98 PIN: 44--A-255
Dorothy E. Bolyard
Produced by Frederick County Planning and Development, 05-05-96 46
Page 1 of 5 APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
1. The applicant is the owner
2. APPLICANT:
NAME:_ E. & 1 (d
ADDRESS Jo do SDt,%lt-, Q,2d
1pkeasm, VAggl 66
1J- other . (Check one)
OCCUPANT: (if different)
NAME:
ADDRESS:
TELEPHONE: L5y01jp1,'7- q gjyp TELEPHONE:
3. The property is located at (give exact directions and include
State Route numbers):
_ (dI r
b 1lF
4. The pro erty has a road frontage of feet and a depth
of feet and consists of ��rz acres. (please be
exact)
5. The property is owned by ,� ?r� �: ,�� A
as evidenced by deed from -1, j0-2 Lath *'kOcorded
(previous owne
in deed book no. aLj I on page
books of the Clerk of the Court for Frederick Caurts�� attach'_';
a copy of the deed,
Page 2 of 5
6. Magisterial District: Nf7neiot
7. 14 -Digit Property Identification No.: 4 4 - A -.255
a. The existing zoning of the property is: eO-,,Aen+1.qh,q
9. The existing use of the property is:
10. Adjoining Property:
USE ZONING
North
East ez fi
South ''i Co b J �r�� So �c� . I
West 'Iy i _Vm2n Sn-,(-�05 �
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.")
bK.da.►-1be- f a coed 2.6 ' wr. p p (,w�
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
ww i -a inn &c jl-) 4U
13. Additional comments, if any
r,li,�rh
i_ i (tw- ni V k,), i v 14 T
V
~3d0
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 Address
Property ID# q y - - o25q
NAW_JOi 1C( h). (( Address I f
Property1D# q q - A-x9Y.n Sh phcnSM, V Pra 666'0
NAME ( On Address � 3 )n i
Property ID# �I - % -a Ia J1�pher
NAME Men bLIJAc Address
Property ID# � Fk,"scn' SIR a.w%
NAME MtJJ(";do' Address r�
Si"<�h�nsor�V aa(�
PropertyID#
NAME , � , n,7 � R n e (" Address 71Z
Property ID# 4 u- A- 2 I
NAME.bj, II(bill J 1 6S)fcl Address IJV7 1n{J11
Property ID#
Property ID#
NAME
Property ID#
NAME
Property ID#
Address
Address
Address
Page 4 of 5
15. Provide a sketch of the property (you may use this page). Show proposed and/or existing structures of
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.
See a4-3ched sketeh o� EY-hibif 13"
AffachvJ as � ,hit�'C'' s my &J.
AhcW as L�k� b, + "D" plans c�
Page 3 of S
AGREEMENT
VARIANCE # 00 7- q 2
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
SIGNATURE OF OWNER /' - `'
:�- � DATE
(if other than applicant)
BZA PUBLIC HEARING OF
-OFFICE USE ONLY-
- DATE -
APPROVAL SIGNED:
DENIAL DATE:
ACTION:
BZA CHAIRMAN
EXHIBIT "A"
I am a 72 year old female. I am building the addition so that my grandson and his
wife can take care of me due to my recent stroke. My house isn't large enough for all
of us. Tills :Is tiic iivtiie That I have known ]or forty years.
The addition will improve the look of my house tremendously. I understand that
in life we must have rules. However, my argument is that all of the houses that surround
me with the exception of my business neighbor, are less than 40 feet from the property
line. Most of them are approximately 25 feet apart, let alone 50 feet from the property
line. (This is indicated in a sketch on Page 4 of the Variance Application.)
I'
EX -1 I B 17
�j
Jo r��N Sp r � ►,r�� (��
t 3F7 11'8
gii
PFJ
--
C
5a'
EX -1 I B 17
�j
Jo r��N Sp r � ►,r�� (��
t 3F7 11'8
gii
PFJ
--
,
t
i
i E �
=]off i i i i w iH' -L--Lji f i L 1 I. i i I i I 1 I 1 i I I
- EI
5G�
7H
12�
I
s
•
��
BZA REVIEW DATE: 5/19/98
VARIANCE #008-98
SHENANDOAH SAND, INC.
LOCATION: The property is located in the Stonewall Industrial Park.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 43-19-6
PROPERTY_ ZONING & USE: Zoned: M1 (Light Industrial) District; Land use - Industrial
ADJOINING PROPERTY ZONING & USE: Zoned: MI (Light Industrial) District; Land use -
Industrial
VARIANCE: A 25 -foot front yard setback variance for an existing structure and the construction
of a new addition.
REASON FOR VARIANCE: Applicant states that existing building was built within 75 feet of
property line and to allow a new building in line with existing building. Other building on street
located well in front of this existing building.
STAFF COMMENTS:
Within the M1 (Light Industrial) zoning district, the front yard setback is 75 feet. The existing
addition was constructed in 1989 with an approved building permit, a copy of which is part of your
application. Unfortunately, the existing building was erected beyond the 75 -foot building restriction
line and beyond the 80 -foot front setback location noted on the building permit. The building is
located approximately 51 feet from the building restriction line. The 25 -foot variance would bring this
existing building into conformance with the setback requirements and allow for the construction of
an additional office directly adjacent to the existing addition.
This property is somewhat unique in that the front property line is angled away from the existing
Lenoir Drive, leaving a considerable distance from the edge of the road to the edge of the road right-
of-way and a reduced area in which to build. Also, the building on adjoining parcel 43-19-7 is indeed
located well in front of this existing building.
Shenandoah Sand, Inc.
Page 2
May 11, 1998
It is staffis belief that the fact that this building was constructed in violation of the setbacks should
have been addressed at the time of construction and during the inspection process, in particular, at
the time of the final building inspection and Certificate of Occupancy. This obviously did not occur.
Therefore, staff is of the opinion that this variance request meets 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.
STAFF RECOMMENDATION: Approval of a 25 -foot variance for the existing building addition
and the proposed office.
i
0 \AGENDASW-A\COMMENTS\SHENSAND.BZA
Variance ##008-98 PIN: 43-19-6
Shenandoah Sand, Inc.
Produced by Frederick County Planning and Development, 05-05-98
SHENAJ 0000 SSA11D,.TNC,
Page 1 of 5 APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
1. The applicant is the owner
2. APPLICANT:
NAME: �5 r rn ") ✓1 nP_ W t('4
ADDRESS 6y - a25 o 9-
(j)-1
S(j)1 {ncLc e S vim- 2,-260V `
TELEPHONE:- 66,2-63-317
11� other . (Check one)
OCCUPANT: (if different)
`I y
ADDRESS
TELEPHONE:
3. The property is located at (give exact directions and include
State Route numbers):
a C (— �4L1&I, a -c
}J J
Sb
y A-'
4. The property has a road frontage of '3 feet and a depth
of rjC feet and consists of acres. (please be
exact)
5. The property is owned by J r1l) (11 ,�1 /1 -61 i-� j , n
as evidenced by deed from recorded
``11 (previous owner)
in deed book no. �t� on page 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:
7. 14 -Digit Property Identification No.: C
8. The existing zoning of the property
is: f'V 1 I
9. The existing use of the property is: U 5-E'Y, 0-
10.
10. Adjoining Property:
uySE ZONING
North
East U
South
WPtICIA ti +
est
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.")
s
W�,
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
13 Additional
r
0
nts, if an'
Existing
Shop 4 office
FF a 100D0,
E
Ex. paved parking
YARD HYDRANT
11 4 WELL
J 5443 35
12.E?' 12'
Trailer I
J!
Tra I ler
Proposed U4
Office Addition
FF = 100,00'
Height - 10'
,N4_'4 -
t 0 bin 14
Apply double prime -
and -seal treatment or
equiva lent surface
Ex., gravel parking
,
L
0 GAS MARJ<ER.
pe" 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 notifd by mail of this application:
NAME ��Ct-r 's Address 6-0-
Property ID# `7 n-�J Ua
NAME- Address
Property IN -:5 T 6;-,6 -76
NAME— -2- kea-i-, /77 -P--LzL7-/ Address r--D/�'L)4P__
Property ID4 3- 19 V . I
NAME Address
Property IID#
NAME— Address
Property IID# 14 r\ -G ke S-6LA U 0- z -Z
NAME— Address
Property IID# q3- .- I -q. - '2
IMSA R M
Property IID#
NAME
Property ID#
NAME
Property DD9
NAME
Property DD#
Address
Address
Address
Address
PaW S of S
AGREEMENT
i
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
SIGNATURE OF
(if other than applic
BZA PUBLIC HEARING OF
APPROVAL
-OFFICE USE ONLY-
- DATE -
SIGNED:
DENIAL DATE:
ACTION:
DATE
BZA CHAIRMAN