BZA 05-18-99 Meeting AgendaFILE COPY
AGENDA
FREDERICK COUNT' BOARD OF ZONING APPEALS
The Board Room
Frederick County Administration Building
107 N. Kent Street
Winchester, Virginia
May 18, 1999 -
3:25 p.m. CALL TO ORDER
1) Election of Officers
2) Minutes of December 15, 1999
PUBLIC HEARING
3) Variance #01-99 of Donald and Edith Culp for a 20 -foot rear yard setback variance, and
a 15 -foot side yard setback variance for the placement of a manufactured home on their
property. The property is located at 563 Woods Mill Road, and is identified with Property
Identification Number 55 -A -127B 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 December 15, 1998.
PRESENT: Manuel Sempeles, Jr., Chairman, Stonewall District; James Larrick, Jr., Vice Chairman,
Gainesboro District-, Theresa Catlett, Opequon District; Dudley Rinker, Back Creek
District
ABSENT: Ralph Wakeman, Shawnee District
STAFF
PRESENT: Michael T. Ruddy, Planner II; Christopher M. Mohn, Planner II, Carol Cameron,
Secretary
CALL TO ORDER
Chairman Sempeles called the meeting to order at 3:30 p.m.
MINUTES OF NOVEMBER 17, 1998
On a motion made by Mr. Larrick and seconded by Mr. Rinker, the minutes for the
November 17, 1998 meeting were unanimously approved.
UNFINISHED BUSINESS
Variance #020-98, of Ralph S. Gregory for a proposed retail store (request No.'s 3, 4, 5 & 6), was
tabled at the September 15, 1998 meeting. Mr. Ruddy reviewed the previous action on this application,
and directed the Board's attention to the site plan provided by G.W. Clifford and Associates. The issues
left to resolve are as follows:
(3) A 25 -foot variance from the active portion of the `B" category zoning district buffer (north
property boundary), -
(4) An eight -foot variance from the active portion of the `B" category zoning district buffer (north
property boundary);
(5) A 25 -foot variance from the inactive portion of the `B" category zoning district buffer,
eliminating the inactive portion (south property boundary), and
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(6) A variance eliminating the six-foot opaque element ofthe required full screen along Aylor Road
(Rt. 647).
The property is located on the west side of Aylor Road (Rt. 647) at the intersection with
Double Church Road (Route 641), and is identified with Property Identification Number 75-A-51 in
the Opequon Magisterial District.
ACTION - APPROVED ITEM #6 AS AMENDED
(ITEMS 3, 4, AND 5 WITHDRAWN BY APPLICANT)
DISCUSSION
Mr. Stephen M. Gyurisin of G.W. Clifford and Associates, Inc. design'engineers for the.
project, told the Board that they could accommodate the berm on the north property line (for item#B).
In addition, they have worked closely with Mr. Boyer, of Boyer's Landscaping, to develop a
landscaping plan for the property.
Mr. Larrick asked if the site plan had been changed since they originally saw it; Mr.
Gyurisin replied that the changes were mainly the addition of the berm and the landscaping elements.
In regard to the issue of the sight distance at the entrance, Mr. Gyurisin replied that the final site plan
that goes to VDOT will have to show the posted speed limit for Aylor Road and they will try to keep
any plantings no higher that 36" high.
Mr. Gyurisin noted that Carolyn Gregory, property owner, was present; also, Lou Boyer
of Boyer's Landscaping in case the Board had any questions.
Mrs. Gregory told the Board that they felt that the plan they had come up with was as
attractive as they could make it, and was safe for pulling in and out of the driveway. Upon questioning
from the Chairman regarding traffic counts, Mr. Ruddy replied that counts had been done but they did
not have that information at hand.
There was no one else present to speak for or against the variance request. Chairman
Sempeles asked for any further discussion by the Board; there were no other questions.
Mr. Larrick moved that #6 of the variance request be approved, as suggested by the
Planning Department staff, with the proviso that there be the modification to the "B" area and that the
modification comply with the site plan which would call for two, at minimum, 30" berms. Mr. Rinker
seconded the motion which passed with a unanimous vote of all ayes.
BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby approve
item #6 of Variance #020-98 of Ralph S. Gregory, as amended, to eliminate the six-foot opaque
element of the required full screen along Aylor Road (Rt. 647).
The question of whether the other issues had been resolved or withdrawn was posed;
Mr. Gyurisin replied that the applicant would be happy to withdraw items numbered 3, 4 and 5. The
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Board accepted the applicant's withdrawal of these items as stated.
OTHER BUSINESS
In other business, Mr. Ruddy recognized Ms. Charlotte Eller, of the Northern Virginia
Daily, and Ms. Annette Jones, of the Winchester Star, who were present for the presentation of the
Resolution of Appreciation for Mr. Ralph Wakeman; however, Mr. Wakeman was not in attendance.
It was noted that Mr. Wakeman had served the citizens of Frederick County for 25 years in his capacity
as Board of Zoning Appeals member.
No further business remained to be discussed and the meeting was adjourned at 3:50
p.m. by unanimous consent.
Respectfully submitted,
Manuel G. Sempeles, Chairman
Carol I. Cameron, Secretary
A:\MINIII'ES\1998\Dec 153ZA
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BZA REVIEW DATE: 05/18/99
VARIANCE #01-99
DONALD AND EDITH CULP
LOCATION: The property is located at 563 Woods Mill Road.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 55-A-12713
PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Residential
ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas); Uses: Residential and
Vacant
VARIANCE: 20 -foot rear yard setback variance, and a 15 -foot side yard setback variance for the
placement of a manufactured home on their property.
REASON FOR VARIANCE: The applicant states that they wish to situate their new manufactured
home in a better location for water run-off and a larger setback from Route 660, due to the current
locations of their existing home, well, storage buildings, and drainage system. As per the signed
affidavit dated March 25, 1999 that was submitted with this application, the applicant will remove
the existing single family dwelling from the property upon placement of the new manufactured
dwelling.
STAFF COMMENTS:
Within the RA (Rural Areas) Zoning District, the minimum side and rear setback for a principal
structure, when adjoining property that is either residential in use or vacant, is 50 feet. The requested
variances would place a proposed 28'x 64' manufactured dwelling 30 feet from the rear property line
and 35 feet from the side property line.
Following inspection of the site, staff is of the opinion that the subject property is not affected by any
extraordinary condition that would prohibit the placement of a new residential structure on the lot
in conformance with applicable setback requirements. The property does involve a gradual slope over
much of its area. However, this topographic feature is not exceptional in nature, and has been
successfully accommodated in the past through the location of the existing structures on the property.
Donald and Edith Culp Variance
Page 2
May 10, 1999
Staff contends that a new dwelling could be located on the parcel parallel to Route 660 (Woods Mill
Road) between the existing well and drainfield without modification to either the side or rear setback.
Such placement would also ensure that the dwelling satisfied the front setback requirement, which
is 60 feet from the edge of the road right-of-way.
Staff acknowledges that the location of the new dwelling in conformance with applicable setback
standards will likely require the removal of the existing residence prior to construction. Although this
may represent an inconvenience to the applicant, it is not adequate justification for a variance to the
setback requirements of the RA District. Indeed, it appears that'reasonable options.are available to _
-the--applicant--to-permit the -placement -of -their -new home on the subject property without -the
requested variances.
STAFF CONCLUSION:
In this case, the strict application of the Zoning Ordinance has not been proven to prohibit the use
of the property; in fact, the property is currently being used for residential purposes. There is
sufficient space on the property to locate the proposed manufactured dwelling in conformance with
all applicable setback requirements.
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 the requested variances would be inappropriate
as a demonstrable hardship that would significantly restrict the use of the property does not exist.
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