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BZA 12-21-99 Meeting AgendaAGENDA FREDERICK COUNTY BOARD OF ZONING APPEALS The Board Room Frederick County Administration Building 107 N. Kent Street Winchester, Virginia December 21, 1999 3:25 p.m. CALL TO ORDER 1) Minutes of the October 19, 1999 Meeting PUBLIC HEARING 2) Variance #09-99 of Mike Mancuso/Jim Friesen for a 20 -foot rear yard setback variance for the proposed construction of a single-family residence. The property is located in the Trail's End Subdivision on Short Mountain Way and is identified with Property Identification Number 68-2-1 OB in the Back Creek Magisterial District. 3) Variance #10-99 of Lawrence Coverstone Estate, submitted by Greenway Engineering, for a variance to the Accessory Dwelling requirements which limit the floor area of an accessory dwelling to 25% of the gross floor area of the primary residential structure on a lot, a 20 -foot front yard setback variance and a 35 -foot side yard setback variance for the proposed construction of a single-family residence. This property is located at 302 High Banks Road and is identified with Property Identification Number 56-A-1 in the Stonewall Magisterial District. 4) Other u L J MEETING MINUTES OF THE FREDERICK COUNTY BOARD OF ZONING APPEALS 11lilLL :i. L..., LZ'iaru R.,..�� :,f the Frederick County Administration Building, 10 IN. Dent Street, Winchester, Virginia, on October 19, 1999. PRESENT: Manuel Sempeles, Jr., Chairman, Stonewall District; James Larrick, Jr., Vice Chairman, Gainesboro District; Theresa Catlett, Opequon District, Gilbank Hamilton, Shawnee District; Dudley Rinker, Back Creek District STAFF PRESENT: Michael T. Ruddy, Zoning Administrator; Christopher M. Mohn, Planner II; Amy M. Lohr, Planner I; Carol Huff, Secretary CALL TO ORDER The meeting was called to order by Chairman Sempeles at 3:30 p.m. MINUTES OF SEPTEMBER 21, 1999 On a motion made by Mr. Larrick and seconded by Mr. Rinker, the minutes for the September 21, 1999 meeting were unanimously approved. PUBLIC HEARING OLD BUSINESS (tabled at the September 21, 1999 meeting): Variance #07-99 of Satian Enterprises, Inc. for a 3.8' front yard setback variance for an existing attached two -car garage. The property is located at 122 Atoka Drive (Lot 24, Saratoga Meadows) and is identified with Property Identification Number 65G-1-24 in the Shawnee Magisterial District. ACTION - APPROVED Mr. Christopher Mohn, Planner II, gave an overview from the September 21, 1999 meeting, briefly recapping the background information, and explaining that the Planning staff did not approve the change in layout for the structure in question. Frederick Co. Board of Zoning Appeals Minutes of October 19, 1999 Minutes Book Page 1060 Mr. Ruddy brought it to the Board's attention that Mr. Ed Strawsnyder, Director of Frederick County Public Works, was present and available to answer any questions they may have. Mr. Ruddy also briefly explained the permitting process and how the applicant's mistake may have occurred. Mr. Harry Benham, III, attorney and representative for the applicant, told the Board that clearly a mistake was made but was not intentional nor hidden. Mr. Benham reviewed the "order of events"which contained ten items dating from April 29, 1998 through August of 1998. He went on to state that due to the fact that the property was on a cul-de-sac, moving the garage a few feet one way or another would not directly affect adjoining property owners. The applicant was not aware that they needed to file a supplementary site plan after the garage was moved from one side of the house to another. Mr. Benham stated several reasons for why the variance should be granted such as: 1) none of the neighbors were complaining; 2) the house sits back further than other houses in the area; and 3) if the garage were shortened, a car wouldn't fit. Mr. Scott Marsh, surveyor for this particular project, came to the podium on behalf of Mr. Satian. He stated that he has staked out at least 69 houses for Satian Enterprises and to his knowledge, Mr. Satian has never been to the Board of Zoning Appeals. He also explained what happened in this case, referring to the cul-de-sac and the "arcing" situation. He praised the County's check and balance system. Mr. Rinker asked whether a house was staked out to the house's design or to the setbacks. Mr. Marsh explained that it differs for different builders but that typically, and in this case, they staked a building "envelope." Further questions from the Board involved such things as when did they realize that the garage had been switched, when was the final survey requested, when wall -check surveys are done, why reversing the house affected the setbacks when theoretically, it shouldn't have made any difference, etc. Mr. Timothy Herter, potential buyer for the house in question, explained how important buying this home was to him and his family. He made an impassioned plea to the Board to approve this variance because the month-long delay in making a decision has created a great hardship for his family. There was no one else present to speak for or against the variance request. DISCUSSION Members of the Board asked Mr. Satian how long he had been building in Frederick County, how many homes had he built, whether he had ever experienced other problems of this nature in the past, and who made the decision to reverse the house. They felt that this was an innocent mistake, that the applicant had a good track record and was mindful of the County's rules and regulations, and that it would be a disaster to tear down part of the house. Mr. Mohn pointed out that situations like this could be prevented in the future if there can be better cooperation between builders, surveyors, and the County's Planning and Inspections departments. Upon a motion made by Mr. Larrick and seconded by Mr. Rinker, the variance was approved as requested by unanimous vote. Frederick Co. Board of Zoning Appeals Minutes of October 19, 1999 0) Minutes Book Page 1061 BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby unanimously approve Variance #07-99 for a 3.8' front yard setback variance for an existing attached two -car garage. NEW BUSINESS Variance #08-99 of Karen B. Barrett for an 8 -foot rear yard setback variance for an existing deck. This property is located at 122 Ian Court and is identified with Property Identification Number 86D-3-2-41 in the Opequon Magisterial District. ACTION - APPROVED Amy Lohr, Planner I, read the background information and passed around photographs of the property and the deck. Mr. Charles Sochin, owner of the subject property, told the Board that the deck was already built when he and his wife bought the house. He said that they were never told by anyone that there was any type of problem until they applied for a building permit to enclose the back porch. It was at that time that they were told a permit had never been applied for constructing the deck. There were several other problems with the property that indirectly impacted this variance; however, the main point was that the Sochins trusted the realtor, the bank, the title company, and the attorneys involved in their real estate transaction to make sure that everything was in compliance before they went to closing. Ms. Karen Barrett, builder of the subject residence, told the Board that the property was approved with a deck several years ago before final surveys were required by the County. She stated that as a builder in Frederick County, she was fairly new and depended heavily upon her surveyor and subcontractors. She said that they did have a final approval on the house and did not know how the problem got missed. Ms. Barrett stated that the deck would have been caught under today's standards but since the Sochins originally bought the house with the deck on it, they should be allowed to have the deck. Questions from the Board included whether Ms. Barrett had a contractor's license, whether she built the other homes in the Ian Court area and, if the variance was approved, could the applicant go ahead with plans to enclose the porch. Staff replied that this variance was for the deck only; the porch enclosure and steps were other issues. Ms. Barrett stated that she learns something new every day in the building business and that the surveys have become a big issue. They have surveyors out approximately five times now during a build to ensure compliance [with the Code]. No one else spoke for or against the variance. Frederick Co. Board of Zoning Appeals Minutes of October 19, 1999 3 Minutes Book Page 1062 DISCUSSION Mrs. Catlett moved for denial; however, the motion failed for lack of a second. Mr. Larrick moved for approval based on a) the fact that all the other homes in the area enjoy a deck; and b) the property is enclosed by a privacy fence. He did want to point out, however, that this approval was not to be interpreted as a "rubber stamp" for contractors to use every time they make a mistake. Mr. Rinker seconded the motion which passed by majority vote. Mrs. Catlett cast the dissenting vote. BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby unanimously approve Variance #08-99 for an 8 -foot rear yard setback variance for an existing deck. There being no further business to be discussed, the meeting was adjourned at 5:00 p.m. Frederick Co. Board of Zoning Appeals Minutes of October 19, 1999 rd Respectfully submitted, Manuel Sempeles, Jr., Chairman Carol I. Huff, Secretary Minutes Book Page 1063 BZA REVIEW DATE: 12/21/99 VARIANCE 909-99 MULE MANCUSO/JIM FRIESEN LOCATION: The property is located in the Trail's End Subdivision on Short Mountain Way. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 68-2- l OB PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Vacant ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District Uses: Residential and Vacant VARIANCE: 20 -foot rear yard setback variance for proposed single-family residence. REASON FOR VARIANCE: The applicants state that the property was acquired with existing private drive and underground electric utility access pipe and cleared site for home of wooded lot with steep slopes elsewhere. STAFF COMMENTS: Within the RA (Rural Areas) Zoning District, the minimum rear yard setback for a principal structure is 50 feet when the property adjoins land that is vacant. The applicants are requesting a 20 -foot rear yard variance to construct a single-family home that will be located 3 0 feet from the rear property line, The subject property is an "L" -shaped lot which is extremely mountainous and includes 17.85 acres of wooded land situated at the terminus of Short Mountain Way. Currently, access to the property is gained by way of a private drive which bisects the property along the mountain ridge, creating two areas of approximately 16 and 1.75 acres, respectively. The applicants propose to build on the smaller section of land which lies to the southeast of the private driveway. The adjoining properties are also very mountainous. Of the adjoining properties, two are used for residential purposes, and the remaining properties are vacant. The proposed site for the construction of the home is not in close proximity to any of the established residences. Mancuso/Friesen Variance #09-99 Page 2 December 13, 1999 The subject property contains extremely steep slopes well in excess of 15%. In particular, steep slopes were observed on the north side of Short Mountain Way that prevent building on the 16 -acre section of the subject parcel. Steep slopes are also present in the proposed front and rear yard setbacks. STAFF CONCLUSION: 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 approaching confiscation; 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 requested rear yard variance would be necessary to allow for the construction of a residence on the subject property. The topography of the site, coupled with the access configuration, appears to preclude conformance with all applicable setback standards. Strict application of the required setback would result in an undue hardship that would eliminate the use of the parcel for residential purposes. Staff is also of the opinion that the granting of this variance would not result in substantial detriment to adjacent properties or to those in the Trail's End Subdivision. Please note: Access to the subject property is limited A locked gate prevents admission to Trail's End Subdivision from Route 55 West If a site inspection is desired, please contact the Department of Planning and Development to make arrangements to obtain a key. o� M untotn o<t �o'Y sr Houston Heid Gauthie h Sn o r o`er 0 Jones 0 Troy Richard r° er\�e ota6�y�\\\e �N DLick VARIANCE #09-99 Mike Mancuso/ Jim Friesen PIN: 68-2-10B (all zoning is RA) Produced by Frederick County Planning and Development, 12-08-99 Received Nov -09-99 10:16am rom 1 5406780682 CONQUEST page 6 HID',— 9-99 TUE 10:19 FRE :ICY-.: CpIJNT`i' 1 540 3682 P.06 Page 1 of s APPLICATION FOR VARIANCE TN THE COUNTY OF FREDERICX, VIRGTNTA DEPT. OF 1. The applicant is the offer ,/ Qther _ . (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: dot 1 KE WNCUSO [JIM PR1ES Ep4 NAX'Z . ADDRESS 0112 16TH _47, NW SZG 105 ADDRESS: WA514IN6TON , De 20009 TELEPHONE: (2 -OZ) 6 j,7-101 Z TELEPHONE: 3. The property is located at (dive exact directions and include State Route numbers): ,'RAILS EMP SUODII tS10N PREDEiPXV. r_OUNTa - g! S64TH -M 5'5' WEST - 12 • Z f41L-E5 5W50)V1510N &4iRA,t4c oN' R1A"T, R,4HT tin! J'OUP46is' END LApf LEFT oft 54.1Ai?r WU,,PiA%tq WAY To 5EWdjo A lGl V'E ON LEFT. 4. The property has a road frontage of 439 • 90 feet and a depth of 101RO feet and Consists Of l7 V5 acres . (please be exact) 5. The property is owned by WKE MMCUSO r, JAMES 1=9IE5EN as evidenced by deed. from L+NET MA4rKQ5 recorded (previous owner) in deed book no. 903 on page 1711 of the dead books of the Cler1C of the Court for Frederick County. Attach a COPY of the deep. +Raceived Nov -09-99 10:16am from 1 5406730682 i CONQUEST page 7 NOV— 9-99 TIDE 1021a frRE ? I C.K COUNTY 1 5406 3622 P-07 Page 2 of, 5 6. Magisterial. District:- VAr-K "6F -K is-; � � 7. 14 -Digit Property Identification No.: (PIE•2-10 8 S. The existing zoning of the ,property iss RA 9. The existing use of the property is;-_ .MS)WN"i 1AL 10. Adjoining Property: 1= ZONTNG North gtglCE 4T*O%L , ?-,P- East r`NQA South FF5 (QP-?4nAL - RP West �SI�tTsAcLJ KN 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.") �o i(x IC.r cE Vi 4)-65P.A Ao�7 , Y1. st.f IAcK 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 FRoPERTY AC49VIRED WrrH RVOTIN6. PgWAV PRx4vIE s L1NOC-xGleouNP fie_-M1c IJT LITY ACCE-5S PIPE z, Cti AgW-Q GITG FOR ROME of WOODep ILDT VVrf'I STT -.-P SLOPES C -LSF - Lav RGRE . 13. Additional comments, if any Received Nov -09-99 10:16am prom 1 5406780682 -> CONQUEST page 8 NOV- 9-91? TUE 10:20 FR..E ICK COUNTY 1 54416 p4pR 3 7f S 14. The following names and addresses etre all of the individuals, firms, or corporations owning property adjamt 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 nctifd by mail of this application., NAME KA-Mlee4ISE (Z(C R A.9 -D Address1571-'g GASYPIN E DR. Property IN G R - A - (o -� X21yeev..c-e ( nap 20-737- 2S4) NAME RAHoA'-l- SNDDCzrztss Address �zt-)0w-,'NFrs e"q L,n/. STAg `i7aNw'e gy- .' VA. 22 b5 Property M4 �,�-'�- ►dA ' NAME- &VVPAV p tiEN Address 11492-7 e. Amroac -5r. Progeny ID# b i; , 2 -- 9 C6N7E V-VjLcE VA. 20( 70 - 15142- , NAME VAnr VA6k6 W Address 59 s. iNBERUa;CM st". �1u.1NC rt>ty , Ifni 2-ZZo'� — wz`A Property ID# � S - 2 - y ,., NAMEGAR`+; G AV ThL EIS. Address Z 5'k "rgA`Ls END 172. Property IIs# 4js - -4- 3 T?-%.NNEt�f , vA -LZb5y - 195 1 NANE SCOT'S' JONES Address 'L9 2.t G Le IV OO E R. ME. Property ID# /P9 -2fa It L35 izEl -L C -A goo 27 20 %JANE "t'ZLDY , -NC-00 644, Address 4 622 215-A- SET N` Property IIs# b $ _ Z, i2 AWN"r W N , Nb 2�7- c)ual) NAME Address Property ID# NANE Address �f Property TD# NAME - Address Property IIS# Received Nov -09-99 10-16am -F.rom 1 5406780682 - CONQUEST N13V — `3-99 TUE 10:'23 FRE. !ECS=: C13UNTY 1 5408 J682 PFPSaF$ AGREEMENT VARIAN # ' 9q page 10 F. 10 I (we), the undersigned, do hereby respectfully make application, and petition the Frederica 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 13ZA 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 mortify that all of the statements and information contained herein are, to the best of my knowledge, true. SIGNATURE OF APPLICANT SIGNATURE OF OWNER DATE (if other than applicant) BZA PUBLIC BEARING OF APPROVAL &MME USE ONLY- ACTION; - DATE - SIGNED: :BZA CHAIRMAN DENIAL BATE • L • BZA REVIEW DATE: 12/21/99 VARIANCE #10-99 LAWRENCE COVERSTONE ESTATE LOCATION: The property is located on the south side of High Banks Road (Rt. 660), approximately 1,900' west of the Route 660/664 intersection. MAGISTERIAL DIS'T'RICT: Stonewall PROPERTY ID NUMBER: 56-A-1 PROPERTY ZONING & USE: Zoned RA (Rural Areas) District, Land use - Residential ADJOINING PROPERTY ZONING & USE: Zoned RP (Residential Performance) District; Uses: Residential and Vacant VARIANCE: A variance to allow an accessory dwelling with a floor area greater than 25% of the gross floor area of the principal dwelling; 20' front yard setback variance and 35' side yard setback variance for the construction of a new principal dwelling on the lot. REASON FOR VARIANCE: Applicant would like to build a new dwelling on the subject property while maintaining the existing dwelling for use as either a tenant or seasonal retreat home. STAFF COMMENTS: 1) A variance to allow an accessory dwelling with a floor area greater than 25% of the gross floor area of the principal dwelling. The Frederick County Zoning Ordinance permits the location of one dwelling unit per legally recorded lot in the RA Zoning District (reference Section 165-25B). An accessory dwelling may be established on a parcel assuming that it is clearly incidental and subordinate to the principal dwelling. The Zoning Ordinance provides a quantitative standard by which the accessory status of such a dwelling may be measured. Specifically, the floor area of an accessory dwelling may not exceed 25% of the gross floor area of the principal dwelling on a lot (reference Section 165-26B). The applicant has proposed that a "modern"dwelling be constructed on the parcel which they would consider the principal dwelling. The existing dwelling would be maintained as the accessory dwelling Lawrence Coverstone Estate Variance #10-99 Page 2 December 13, 1999 and would either be leased to a tenant or used as a seasonal vacation/retreat home. In accordance with the aforementioned Zoning Ordinance standard, the establishment of this relationship between the dwelling units would require that the new dwelling be constructed with a gross floor area equivalent to four times the floor area of the existing dwelling. Given the size of the existing dwelling, the applicant contends that such a requirement is unreasonable and perhaps unrealistic, which is reflected in their request for a variance to the floor area standard applicable to accessory dwellings. However, the applicant has provided no specifics regarding the floor area of either the existing or proposed dwellings thereby precluding an accurate portrayal and analysis of the ultimate scale of development intended for the parcel. The existing dwelling is included in the Frederick County Rural Landmarks Survey as a potentially significant structure. Inspection of the site revealed that this dwelling has been enlarged through the addition of living space onto the rear of the structure. Furthermore, a detached two-story garage/storage building is located adjacent to the existing dwelling. In essence, the property currently maintains the capacity to be reasonably used for residential purposes as permitted by the Frederick County Zoning Ordinance. The Zoning Ordinance explicitly limits the number of dwelling units permitted on a lot to one (1) and further delineates the circumstances under which an accessory dwelling may be developed. The proposal offered by the applicant will result in the existence of two single family dwelling units on the parcel, neither of which will truly be accessory to the other. There is no language in the Zoning Ordinance to suggest that such a scenario would be appropriate in the applicable zoning district. Indeed, options may be available to the applicant to construct an accessory dwelling that conforms with the standards of the Zoning Ordinance. Such alternatives may include the conversion of a portion of the existing accessory building into accessory living quarters or construction of an accessory dwelling within the remaining buildable area of the lot located southwest of the principal dwelling. The setbacks applicable to such a structure at that location would be 15' from either the side or rear property boundaries. It is, therefore, the opinion of staff that the strict application of the accessory use requirements in this case would not result in a hardship approaching confiscation. The accessory dwelling standards apply uniformly to all parcels within both the RA and RP zoning districts, regardless of the historic nature of the site or the creative desires of the property owner. Furthermore, the proposed development scenario is not consistent with the provisions of either the Zoning Ordinance or Comprehensive Policy Plan of Frederick County. The requested variance would subsequently be tantamount to a special dispensation enabling relief of inconvenience rather than genuine hardship. 2) 20' front yard setback variance and 35'side yard setback variance for the construction of a new principal dwelling on the lot. The requested setback variances would facilitate the location of the second dwelling proposed for the site in the front yard area of the existing dwelling. As described in the preceding section, a variance enabling an accessory dwelling with a floor area exceeding 25% of the principal dwelling is Lawrence Coverstone Estate Variance #10-99 Page 3 December 13, 1999 problematic given its inconsistency with the intent of both the Zoning Ordinance and Comprehensive Policy Plan. It is the opinion of staff that the requested variances from the front and side yard setback areas would also be inappropriate insomuch as such action would facilitate the location of two single family dwellings on one lot. As was previously noted, the construction of a dwelling accessory to the existing residential structure could be accommodated elsewhere on the parcel in conformance with all applicable setbacks. STAFF CONCLUSION: 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 approaching confiscation; 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 none of the requested variances satisfy the aforementioned criteria. A hardship approaching confiscation would not arise from the strict application of either the setback or accessory dwelling unit standards as an existing single family dwelling is located on the property. Furthermore, the implementation of the applicant's proposal would result in the location of two single family dwelling units on the parcel. This development scenario is expressly prohibited by the Zoning Ordinance for all parcels planned for single family residential use in either the RA or RP Zoning Districts, without exception. The issuance of a variance in this case would result in a de facto development option for property owners, providing a mechanism to establish multiple dwellings on their lots for the purposes of family, recreation, or rental occupancy. It is the contention of staff that such a trend would compromise the effectiveness of the Zoning Ordinance, as well as the relevance of the Comprehensive Policy Plan in directing residential development in Frederick County. O:\Agendas\BZA\Staff Report\Coverstone.BZAwpd A- N N"1,+� u` 230 ,k 2aA 29 j 30 $ 85 a' 44 f M 29 25 (Li) -\, ` 'JO 1 11 X10, 282 X28 25 43 32A JJ +j 7 30 g. 1 25 `! 2 2 42 41 3 24 / 333A SM 520 4 4C 38 a 34\ 23 22 _! f O 9 �• ` /0 J DAN Jordan 20\ f `� ! pi ) A}y 3537 SPMNOS �ryage , •' _ 12 's 13 19 \ 30 ` 18 ``�•�`'�`-- �_�:,, _ 294.s 94 ?! , ? 10 n 1 1 Utlks Ro,Trj w ..'a �aCyV 29b -------------- NY ---------------- VA 35 t t 134 '` ..'' i t>' ✓r J 5 4moi: uAf(tiyx �')�riY3s „�'� Ca -(A}•4 �~� �` ��r\Q/.--/� / ,s ,l �✓ �..,. ��/ fit, \ (Ca—(A)—a) (CS -(A)-7) t3 (05-W-6) pt, 060 VARIANCE #10-99 dC (CO ---(A)-10) Lawrence Coverstone 'sr lC Bumt FAC�RNT FaMooryry .. �Methodkt h Estate �tWY Church a eU ,n)1 •i4� (a•' i3r� Jy ,u PIN: 56—A-1 11 V1 Yyyy ✓ �- l;u soar 1•• O Produced by Frederick County Planning and Development, 12-08-99 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA OFFICE USE ONL - - Variance Application No. j0_qqSubmittal 17cadline-_ Submittal Date: - TrFor the meeting of Fee Paid i yes'-) initials.; Sign Deposityes Sign Return Date: MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner other _(Check one) 2. APPLICANT: NAME: Greenway Engineering ADDRESS: 151 Windy Hill Lane Winchester, VA 22602 OCCUPANT: (if different) r '� '� I,� h' NOV 1 9 1999 NAME: Vacant ��, t'i, r i•Lt,i�Nlr,;G,u,r,��leLOF1i�,IEilT ADDRESS: 302 High Banks Road Stephenson, VA 22656 TELEPHONE: (540) 662-4185 TELEPHONE: (540) 662-3149 (Owner) 3. The property is located at (give exact directions and include State Route numbers): On south side of State Route 660 (High Banks Road), bordering Opequon Creek, a0proximatel 1900' west of the route 660/664 intersection. 4. The property has a road frontage of 364.98 feet and a depth of 508.3 feet and consists of acres. 5.16 (please be exact) 5. The property is owned by the Estate of Lawrence P. Coverstone as evidenced by deed from Benjamin F. Ait, et ux recorded in deed book no. 378 on page 459, by the Will of Lawrence P. Coverstone, recorded in Will Book 114 on page 1054, and by a Deed of Gift, recorded in Deed Book 931 on page 641 of the deed books of the Clerk of the Court for Frederick County, Attach a copy of the deed. 6. Magisterial District: Stonewall 7. 14 -Digit Property Identification No.: 56- A -1 8. The existing zoning of the property is: Rural Areas (RA) 9. The existing use of the property is: Residential 10. Adjoining Property: USE ZONING North Residential/Agric. RA East Residential RA South Residential RP West Residential RP 11. Describe the variance sought in terms of distance and type. (For example: "A 3.5' rear yard variance for an attached two car garage.") a) A variance to the Accessory Dwelling requirements which limit the floor area of the accessory dwelling to 25% of the gross floor area of the primary residential structure (Ord. 165-26-B-1). b) A variance to the front yard setback requirement from 60' to 40' (Ord. 165-55-A-1). c) A variance to the side yard setback requirement from 50' to 15' (Ord. 165-55-A-2). 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 The existing house was used as a Civil War hospital, and is listed in the Frederick County Rural Landmarks Survey as being "potentially significant". The owners want to keep this historic home, and build a modern home on their property. The existing house will remain for summer and fall outing for family members and potentially will be used as a tenant house to ensure upkeep and maintenance. Approximately 35% of the property is within the 100 year flood plain, and is therefore unsuitable for building. In addition, 40% of the subject property has slopes which are 15% or greater. The proposed building site is gently sloping, and is bounded on the south by a bluff, yet the topography of the property is such that this proposed house location is the best building site. 13. Additional comments, if any: High Banks Road has a 55' right-of-way, while most secondary roads have a 30' right of way. The proposed front setback will require the owners to build approximately 57' from the edge of the roadway. High Banks Road comes to a dead end before it reaches Opequon Creek, and there is only one home and two vacant lots between the creek and the subject property. Therefore, the impact on the community from having a front setback of 40' is negligible. The subject property is bounded on two sides by the Residential Performance (RP) district, where the side yard setback requirement is the requested 15'. The adjoiner which shares the nearer sideline, parcel 56-((A))-2, is zoned "RA" (rural areas). However, the topography of this parcel, which is composed of a flood zone and areas of greater than 30% slopes with rock outrcops, limits the possibility of its use either as a home site or for agricultural purposes. Part of the proposed house location will be in the same location of a previous mobile home site. The owners intend to use an existing septic tank and drainfield which was installed for the mobile home. 14. The following names and addresses are all of the individuals, fines, or corporations owning property adjacent to the property for which the variance is being sought, including properties at the sides, rear and in (tont of (gross street firom) the subject property. (T Ise additional pages if necessary.) These people will be notifd by mail of this application: Name Roger & Shirley Fishel Address Property ID# 56-A-2 Name Melvin Harmon, Jr. Address Property ID# 56-((1))-15 - Name Wanda Powers Address Property ID# 56-((3))-2-19 Name Kenny & Tania Sharpton Address Property ID# 56-((3))-2-2 Name Jay D. Cook III, et al Address Property ID# 45-4-1-12 Name James Stillwell Address Property ID# 45 -((A)) -27A NameA,� Address Property ID# Name Address Property ID# Name Address Property ID# Naive Address Property ID# Name Address Property ID# Name Address Property ID# 7 1011 Stiler Road Winchester, VA 22603 182 Highview Road Stephenson, VA 22656 200 Highview Road Stephenson, VA 22656 T 260 High Banks Road Stephenson, VA 22656 275 High Banks Road Stephenson, VA 22656 423 High Banks Road Stephenson, VA 22656 -C3. Bow 3211 AGREEMENT VARIANCE # 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 APPLICANT` -`DATE SIGNATURE OF OWNER DATE% - (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF ACTION: DATE - APPROVAL SIGNED: BZA CHAIRMAN DENIAL DATE: ■ Redbud Cemetery SITE Rt 194'/7 Rt�� \SCC£ PIk£ 1W 9u11s, 65 BURNT a_ R� _ ;dA R££k \. Burnt �\ Factory Methodist T T7 /`1T71 Tr% RP ZONE -n Location & 0 o Zoning Map EXIS TING SEP TIC TANK AND DRAINFIEL D WERE INSTALLED FOR A MOBILE HOME THAT WAS SET NEAR THE BLUFF, THE CO VERS TONES INTEND TO REUSE THIS SEPTIC SYSTEM FOR THEIR NEW HOME, -� ROUTE 660 HIGH BANKS ROAD PROP, HOUSE `-�A Th'E!2 Srh,EA i EX. PUMP TANK - -V '�',71DTTI TAA///- ' T,M, 56-((A»-1 DB 378/459 5,157 ACRES I FLOOD ZONE BDY EX, - HOUSE EX, GARAGE NMI SITE SKETCH DATE: Nov. 15, 1999 LAWRENCE COVERSTONE ESTATE STONEWALL DISTRICT, FREDERICK COUNTY SCALE:1 "=100' GREENWAY ENGINEERING 151 WINDY HILL LANE Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 662-4185 FAX. (540) 722-9528 Founded in 1971 E-MAIL: Greenway@visuallink.com I,p fes, MARK D. SMITH 9 No. 022837 &NAL �~ INFORMA TION ON SLOPES TAKEN FROM THE USGS TOPOGRAPHIC MAP, THE FLOOD ZONE BOUNDARY IS FROM A FREDERICK COUNTY GIS MAP, ROUTE- 660 .. ........... . ............. HIGH &/-/ BANI<-S ROAD 4 le HOUSE le4........... ..... . . .............. ........ ..... .............. ........ .. t.... BLUFF 4., ............... ................ SLOPES 15 z OR . ..... GREA TER TX 56-((A),>-1 Ex'- ..... DB 3781459 HOUSE 5,157 ACRES WITHIN FLOOD ZONE E)�l GARAGE ........ .................. �L ��ONE BDY 46 141, \I- � GEOGRAPHIC FEATURES DATE: Nov. 15, 1999 LAWRENCE COVERSTONE ESTATE STONEWALL DISTRICT, FREDERICK COUNTY SCALE:1"=100' GREENWAY ENGINEERING 151 WINDY HILL LANE Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 662-4185 FAX: (540) 722-9528 Founded in 1971 E-MAIL: greenway0visuallink.com SH OF MARK D. SMITH No.022837 &XA L