BZA 04-18-00 Meeting AgendaAGENDA
FREDERICK COUNTY BOARD OF ZONING APPEALS
The Board Room
Frederick County Administration Building
107 N. Kent Street
Winchester, Virginia
April 18, 2000
3:25 p.m. CALL TO ORDER
1) Minutes of the January 18, 2000 Meeting
PUBLIC HEARING
2) Variance 902-00 of Gregory and Ann Coverstone, submitted by Greenway Engineering,
for a 15 -foot front yard setback variance for the construction of a single-family residence.
This property is located on the south side of High Banks Road, approximately 2,400 feet
east of the Route 660/664 intersection, and is identified with Property Identification Number
56-A-2 in the Stonewall Magisterial District.
3) Other
:�
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MEETING MINUTES
OF THE
FREDERICK COUNTY BOARD OF ZONING APPEALS
11� u iil ���. i,valu l�voul Gl Liae 1 leueriCn vUlltj t>unliillstratlull DU11UlIlg, 1U/ N. hent Street,
Winchester, Virginia, on January 18, 2000.
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 3:25 p.m.
MINUTES OF DECEMBER 21. 1999
On a motion made by Mr. Larrick and seconded by Mr. Rinker, the minutes for the
December 21, 1999 meeting were unanimously approved.
ELECTION OF OFFICERS
Mr. Rinker moved that the current slate of officers be reinstated for year 2000; Mr.
Hamilton seconded the motion which passed unanimously.
PUBLIC HEARING
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.
ACTION - DENIAL OF ACCESSORY DWELLING VARIANCE; FRONT AND SIDE
YARD SETBACK VARIANCE REQUESTS TABLED UNTIL FEBRUARY 15, 2000
Frederick Co. Board of Zoning Appeals
Minutes of January 18, 2000 Minutes Book Page 1066
Chairman Sempeles excused himself from the proceedings due to the fact that the
applicants are relatives and there may be a possible conflict of interest.
Christopher Mohn, Planner II, read the background information and suggested that the
application be considered in two parts. Michael Ruddy, Zoning Administrator, distributed photographs
of the property which depicted the existing residence and accessory buildings. He noted that the
applicants and their representative were present to address any questions or concerns from the Board.
Mr. Mark Smith, of Greenway Engineering, spoke on behalf of the Coverstones. He
stated that the existing house was located in a flood plain and that they considered this a hardship. The
owners do not want to tear the existing residence down due to historical and sentimental reasons, and
they were trying to come up with a way to keep the old house and build a new house. Mr. Smith
directed the Board's attention to the exhibit showing the proposed new house which would replace a
trailer which is located on adjacent property.
Anne Coverstone, applicant, stated her reasons for why she did not want to tear the
existing house down since it had historical value and had been in the family for quite some time. She
told the Board of heating problems, crumbling foundations, etc., and reiterated the flood plain concerns
for reasons why they did not want to renovate the home.
Board members asked about the portion of the property that is zoned RP (Residential
Performance) land (about one acre), and Mr. Ralph Beeman, also of Greenway Engineering, provided
information about the 55 -foot right-of-way, traffic patterns and stated that the new house would be 57
feet from the road. Mrs. Catlett asked if the old house was currently vacant and who built the
additions; the applicants responded that it was occupied by renters and that Mrs. Coverstone's father-
in-law built the additions.
No one else was present to speak in favor of the variance.
Mr. James Stillwell, adjoining property owner, spoke against the request. He and his
wife own Highbanks Farm and were opposed to two residences being located on the same property.
Mr. Stillwell stated that he felt there were many other options available. Mrs. Catlett had Mr. Stillwell
point out the location of the former access road.
Mr. Larrick asked about the rural landmark survey significance and about whether the
flood plain was from a 100 -year flood map; both questions were answered by staff.
At this point, the public hearing portion of the meeting was closed.
DISCUSSION
Mr. Rinker asked if they could build a house in the same place again today. Mr. Ruddy
stated that it would not be possible with today's standards pertaining to flood plains but that the present
home can be added onto with certain restrictions. The BZA discussed the necessity of having an
accessory structure and the hardship associated with the proposal. Further discussion ensued regarding
whether denying the first variance would take care of the second one and which building is considered
the principal structure.
Upon a motion made by Mrs. Catlett and seconded by Mr. Rinker, the first portion
of the variance was denied by unanimous vote
BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does
Frederick Co. Board of Zoning Appeals
Minutes of January 18, 2000 Minutes Book Page 1067
2
hereby unanimously deny the portion of Variance #10-99 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.
Mark Smith and the applicants conferred about the second portion of the variance and
requested that the application be tabled for 30 days to allow time to discuss their options. It was
agreed that the application would be heard at the February 15, 2000 meeting, and that it would be re -
advertised.
BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does
hereby unanimously agree to table the second portion of the variance until February 15, 2000.
ADJOURNMENT
There was no further business at hand; therefore, the meeting was adjourned at 4:30
p.m. by unanimous consent.
Frederick Co. Board of Zoning Appeals
Minutes of January 18, 2000
3
Respectfully submitted,
Manuel Sempeles, Jr., Chairman
Carol I. Huff, Secretary
Minutes Book Page 1068
BZA REVIEW DATE: 04/18/00
VARIANCE #02-00
GREGORY AND ANN COVERSTONE
LOCATION: This property is located on the south side of High Banks Road (Route 660),
approximately 2,400 feet east of the Route 660/664 intersection.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 56-A-2
PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Vacant
ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) and RP (Residential
Performance) District; Uses: Residential and Vacant
VARIANCE: A 15' front yard setback variance for the construction of a single-family residence.
REASON FOR VARIANCE: The property is very narrow and is mostly a very steep bank leaving
the state road and dropping to the Opequon Creek. A variance is needed in order to build the house
on the lot. There is an approved septic system in place on the lot.
STAFF COMMENTS: Within the RA (Rural Areas) Zoning District, the minimum front yard
setback for a principal structure is 60 feet from the property line or road right-of-way. The applicants
are requesting a 15 -foot front yard variance to construct a single-family home. Therefore, the
proposed principle structure would be located 45 feet from the front property line.
The subject property currently consists of 3.77 acres, a majority of which contain extremely steep
slopes well in excess of 15%. In particular, steep slopes were observed in the rear yard area leading
down to the Opequon Creek, which serves as the southern property line.
The configuration of the existing lot, coupled with areas of steep slope, do not permit a reasonable
building area within the applicable setbacks. The applicants are trustees of the property to the west
and have stated that a pending boundary line adjustment will increase the tract to 4.76 acres. The
increase in lot size creates a larger buildable area for the single-family dwelling and eliminates the
need for a side yard variance. However, the lot is arguably still undevelopable without encroaching
Gregory and Ann Coverstone
Page 2
April 10, 2000
into the front yard area. Therefore, a front yard setback variance is sought to construct tht single-
family dwelling in the portion of the tract containing the most suitable terrain.
Single-family dwellings are present on the properties to the immediate west and to the northeast of
the subject parcel. The property to the immediate north is vacant at the present time. As mentioned,
Opequon Creek borders the subject property to the south.
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 front yard variance would be necessary to allow for the
construction of a residence on the subject property. The topography of the site 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 the
adjacent properties on High Banks Road.
It should also be noted that the applicant is willing to increase the area of this lot, creating a larger
buildable area in which a house could be located. Should the BZA decide to grant this variance, it
may be appropriate to condition such approval upon the execution of the proposed boundary line
adjustment within thirty (30) days of the Board's decision.
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VARIANCE #02-00
Gregory & Ann
Coverstone
PIN: 56—A-2
Produced by Frederick County Planning and Development, 04- ^�-2000
RECEIVED
Page i of 5 APPLICATION FOR VARIANCE +'LIAR 2 4 2000
1N THE
COUNTY OF FREDERICK, VIRGINIA DEPT OFPLANNtnar,
/DEV€IGPUF'
MUST BE TYPED OR FILLED OUT IN INR -- PLEASE PRINT
1. The applicant is the owner X other . (Check one)
2. APPLICANT: OCCUPANT: (if different)
NAME: Gregory & Ann Coverstone NAME:
ADDRESS 1736 Millwood Pike ADDRESS:
Winchester, VA 22602
TELEPHONE: 662-3149
TELEPHONE:
3. The property is located at (give exact directions and include
State Route numbers):
Take VA Rte 7 east from Winchester 2 miles and turn north onto Rte 660. Then turn
South onto Rte 664 (Jordan Springs Road) for +/, 750' and turn east onto Rte 660
(High Banks Road) one-half mile to the site on the right.
4. The property has a road frontage of 1350+1- feet and a depth
of +/-250 feet and consists of 4.7564 acres. (please be
exact) *Boundary Line Adjustment Plat Pending for an increase from 3.7658 acres
5. The property is owned by Gregory & Ann Coverstone
as evidenced by deed from Roger& Shirley is a recorded
(previous owner)
in deed book no. 959 on page 1226 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:
Stonewall District
7. 14 -Digit Property Identification No.:
56-A-2
8. The existing zoning of the property is: RA
9. The existing use of the property is: Vacant
10. Adjoining Property:
USE
North
Agriculture
East
Agriculture
South
Agriculture
West
Residential
ZONING
RA
ar ce oun - pequon Creek
Clarke oun - pequon Creek
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.")
We are requesting a 15 foot variance into the 60 foot front yard setback. We are
currently in the process of providing a boundary line adjustment with the
neighboring property to the west to eliminate the need for any side yard
variances.
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 property is very narrow and is mostly a very steep bank leaving the
state road and dropping to the Opequon Creek. A variance is needed in
order to build the house on the lot. There is an approved septic system
in place on the lot.
13. Additional comments, if any
A boundary line adjustment is about to be recorded with lot to the west.
That lot will be reduced to 5.00 acres; therefore, we have made our lot
as large as possible for our proposed house to fit. However, due to the steep
bank, we must still "slide" the house into the front setback.
see attatched sheet
page 3 d 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 James Stillwell, ET UX Address 423 High Banks Road
Property ID# 56 -A -IA & 45 -A -27A
NAME Estate of Lawrence Coverstone
Property IDA 56-A-1
NAME
Property ID#
NAME
Property ID#
NAME
Property ID#
NAME
Property ID#
NAME
Stephenson, VA 22656
302 High Banks Road®�
Address_ _ _
Stephenson, VA 22656
Address / ✓
Address
Address
Address
Address
Property ID#
NAME Address
Property ID#
NAME Address
Property ID#
NAME Address
Property ID#
Page 5 of 5
AGREEMENT
VARIANCE # 02-00
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 ATE
SIGNATURE OF OWNER
(if other than applicant)
BZA PUBLIC HEARING OF
APPROVAL
-OFFICE USE ONLY-
- DATE -
SIGNED:
DENIAL DATE:
DATE
ACTION:
BZA CHAIRMAN
3- -�7---Z-,-av
OLE FREDERICKTOWN LODGE
NO. 12, INCORPORATED
T M. # 6—A-2 (CLARKE COUNTY)
DB 65, PG 324
/
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DONALD L.
DUVALL, ET ALS
T.M. # 6-A-1
DB 224, PG 139
(CLARKE CO.)
016///
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IRS C
LAWRENCE P. `
COVERSTONE, TRUST �O cad
T. M. # 56—A— 1 / c,� ca
DB 931, PG 641 / J
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IRS IRF 1 O ��
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PG 1226
3.7658 AC
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_ MERIDIAN OF PLAT
p0 OB 350, PG 667
V
O3 JAMES D. STILLWELL,
REBECCA M STILLWELL,
L_OWELL A. BURKETT,
& MARY E. BURKETT
T.M. # 45 -A -27A
DB 446, PG 705
l
NOTE- SEE SHEET 2 FOR
BOUNDARY INFORMATION
JAMES D. STILLWELL,
REBECCA M STILLWELL,
LOWELL A. BURKETT
&- MARY E. BURKETT
TM. # 56 -A - IA
DB 387, PG 558
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SHADED AREA DENOTES
77/E EXISTING 30' WIDE
PRESCRIPTIVE EASEMENT
VA ROUTE 660.
BOUNDARY SURVEY
OF THE LANG) OF
LEGEND:
=
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IRF
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150 0l'
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GRAPHIC SCALE.,
GREGORY L. AND ANN P. COV"ERsiro I
STONEWALL DISTRICT, FREDERICK COUNTY, VIRGINIA
5CAI1 i.' 150' I 1)A'IE MARCH 20, 2000
-GREEN'WAY ENGINEERING
151 WINDY HILL LANE
Engineers WINCHESTER, VA. 22602
surveyors TELEPHONE, (540) 662--4185
F -AX. (540) 722-9528
Founded in 19Y1 E --MAIL: gvee►iwby(b)visuallink.coin
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POINT
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DISTANCE
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63`21'43 "
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314.20'
2-3
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64°30'45"
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248.71'
3-4
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64" 1537"
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369.26'
4-5
RADIUS=600.00' CHORD
ARC = 120.67' DELTA =
= S 58"2955" E — 120.47'
11-31'24"
5-6
N
37°24'58"
E
39.68'
6-7
S
64`5928"
E
25.79'
7-8
S
29°25'28"
E
311.74'
8-9
N
54°01',34 "
W
132.62'
9-10
N
59°58'13"
W
220.8 1 '
10-11
N
63°25'41 "
W
430.48'
11-12
N
76°59'43"
W
31 1.58'
12-13
N
85°57'09"
W
144.76'
13-14
S
84'21'16"
W
44.22'
14-1
N
7°20'42"
E
267.36'
3.7658 ACRES
NOTES:
1. THE BOUNDARY INFORMATION SHOWN HEREON IS BASED UPON A CURRENT
FIELD SURVEY BY THIS FIRM.
2. NO TITLE REPORT WAS FURNISHED. EASEMENTS MAY EXIST WHICH ARE NOT
SHOWN.
J. CURRENT OWNER OF RECORD: GREGORY L. COVERSTONE AND ANN P.
COVERSTONE. SEE DEED BOOK 959, PAGE 1226.
BOUNDARY SURVEY
OF THE LAND OF
GREGORY L. AND ANN P. COVERSTONI
STONEWALL DISTRICT, FREDERICK COUNTY, VIRGINIA
SCALE: N/A DATE: MARCH 20, 2000
GREENWAY ENGINEERING
151 WINDY HILL LANE
Engineers WINCHESTER, VA. 22602
Surveyors TELEPHONE: (540) 662-4185
FAX: (540) 722-9528
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LAWRENCE P.
COVERSTONE, TRUST
T.M. # 56-A-1
DB 9J 1, PG 541
95
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