BZA 01-18-00 Meeting AgendaFILE COPY
AGENDA
FREDERICK COUNTY BOARD OF ZONING APPEALS
The Board Room
Frederick County Administration Building
107 N. Kent Street
Winchester, Virginia
January 18, 2000
3:25 p.m. CALL TO ORDER
1) Election of Officers
2) Minutes of the December 21, 1999 Meeting
PUBLIC HEARING
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
C,
•
MEETING MINUTES
OF THE
FREDERICK COUNTY BOARD OF ZONING APPEALS
Held in. the Board Room of the Frederick County Administration Building, 107 NT. ue;nt Street,
Winchester, Virginia, on December 21, 1999.
PRESENT: Stonewall District, James Larrick, Jr., Vice Chairman, Gainesboro District, Theresa
Catlett, Opequon District; Gilbank Hamilton, Shawnee District; Dudley Rinker, Back
Creek District
ABSENT: Manuel Sempeles, Jr., Chairman
STAFF
PRESENT: Michael T. Ruddy, Zoning Administrator; Christopher M. Mohn, Planner II; Amy M.
Lohr, Planner 1; Carol Huff, Secretary
CALL TO ORDER
The meeting was called to order by Vice Chairman Sempeles at 3:25 p.m.
MINUTES OF OCTOBER 19, 1999
On a motion made by Mr. Rinker and seconded by Mr. Hamilton, the minutes for the
October 19, 1999 meeting were unanimously approved.
In relaying information regarding to the next application cut-off date for the January
2000 meeting, Mr. Mohn informed the Board that Variance #10-99 (Lawrence Coverstone Estate)
would be heard at that meeting instead of today's. Mr. Ruddy added that this action was necessary
because the legal requirement for the posting of the public hearing sign was not met. Vice Chairman
Larrick invited anyone present for that hearing to be excused.
PUBLIC HEARING
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-
2-10B in the Back Creek Magisterial District.
ACTION - APPROVED
Ms. Amy Lohr, Planner I, read the background information on the application. She
stated that two letters had been received in regard to the variance request; one was in favor and one
was in opposition. Ms. Lohr distributed photographs of the property which illustrated the topography
of the site.
Frederick Co. Board of Zoning Appeals
Minutes of December 21, 1999 Minutes Book Page 1064
Mr. James Friesen, one of the applicants, told the Board that he had a plat drawn out
which demonstrates the proposed building site and the steep slopes associated with the property. He
distributed copies to each member of the Board and staff. Mr. Friesen continued by explaining various
aspects of the property such as the steep slopes and the approved locations of the septic tank and well.
There is also an existing underground electric utility pipe which has an impact on the proposed site.
No one else was present to speak in favor of the variance.
Mr. Harry Richard, along with his wife Kathryn Richard (adjoining property owners)
were present to speak against the application. They felt that allowing construction that close to the
property line was too close and feared that the normal activity to which they had grown accustomed
(such as squirrel hunting) would be disrupted.
/�_ T 1 1 d M Richard rl how ^l his house was to the applica lt3'
Vice iihQjrmC�ll La�lic� asil�iU 1 lr, iilcli^QrLL 11 VV V vii+ 11iJ i i/IAJV
property and Mr. Richard replied that it was about one mile away; however, they own the land around
it and make use of it on a regular basis.
There were no other comments from the public.
DISCUSSION
Mr. Rinker asked if there were any County guidelines for building on areas of steep
slopes. Mr. Ruddy replied that there were guidelines primarily intended for developmental and
environmentally -sensitive areas of the county; however, these did not necessarily apply to rural areas,
this was a guideline which could be applied to this circumstance and was used by staff for comparison
sake.
Upon a motion made by Mr. Rinker and seconded by Mr. Hamilton, the variance was
approved as requested by unanimous vote.
BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does
hereby unanimously approve Variance #09-99 for a 20 -foot rear yard setback variance for the
proposed construction of a single-family residence.
ADJOURNMENT
There was no further business at hand; therefore, the meeting was adjourned at 4:00
p.m. by unanimous consent.
Frederick Co. Board of Zoning Appeals
Minutes of December 21, 1999
2
Respectfully submitted,
James L. Larric , Jr.; Vice -Chairman
Carol I. Huff, Secretary
Minutes Book Page 1065
***Revised***
BZA REVIE W DATE: 01/18/00
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 DISTRICT: 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 consisting of 3,000 square feet of gross floor
area be constructed on the parcel, which they would consider the principal dwelling. The existing
dwelling would be maintained as the accessory dwelling and would either be leased to a tenant or
Lawrence Coverstone Estate
Variance #10-99
Page 2
December 13, 1999
used as a seasonal vacation/retreat home. County Real Estate records indicate that the existing
dwelling is comprised of 2,182 square feet of living space. 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.
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
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
Lawrence Coverstone Estate
Variance #10-99
Page 3
December 13, 1999
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 ofthe applicant's proposal would result in the location oftwo 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.BZA.wpd
APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
Variance. ApplicatonNo.- U Submittal Deadline
Submittal .Daft, I, or the meeting of
Fee Paid/ yes, initials:
Sign Deposies 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)
7—,m E�`�„�1
�1 '4 1 9 1999
NAME: Vacant
tr , �i= i LANNI !G;! -UE l QP�iIEi IT
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 Opeguon Creek, approximately 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 aDy-
High Banks Road has a 55' right-of-way, �--,hile 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, 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
Roger & Shirley Fishes
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
Name
r,�3L
Address
Property ID#
(o _ _Z Cc uN,z•4z L- .�
Name
Address
Property ID#
Name
Address
Property ID#
Name
Address
Property ID#
Name
Address
Property ID#
Name
Address
Property ID#
1
1011 Stiler Road
Winchester, VA 22603
182 Highview Road
Stephenson, VA 22656
200 Highview Road
Stephenson, VA 22656
260 High Banks Road
Stephenson, VA 22656
275 High Banks Road
Stephenson, VA 22656
423 High Banks Road
Stephenson, VA 22656
AGREEMENT
VARIANCE # � j "
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.
AAAAd;
,
SIGNATURE OF APPLICANT-- DATE) i K
SIGNATURE OF OWNER DATE
(if other than applicant)
-OFFICE USE ONLY-
BZA PUBLIC HEARING OF ACTION: DATE- (- K'
I\ »:Zell/I/
SIGNED:
BZA CHAIRMAN
DENIAL DATE:
E
EXISTING SEPTIC TANK AND
DRAINFIEL D WERE INSTALLED
FOR A MOBILE HOME THA T
FP
WASSET EA!, THE BLUFF
THE COVERSTONES INTEND TO
f REUSE THIS SEPTIC SYSTEM
11 FOR THEIR NEW HOME.
ROUTE 660_`'��
HIGH BANKS ROAD
\ o
PROP, HOUSE
BLUFF
•EX. PUMP TANK
EX. SEPTIC TANK
Z •-
q
�v EX. • HOUSE
TM, 56 -ICAO -1
DB 378/459
5.157 ACRES
EX. GARAGE
FLOOD ZONE BD Y
46
mw
SITE SKETCH
DATE: Nov. 15, 1999
t,TH Op
LAWRENCE COVERSTONE ESTATE
STONEWALL DISTRICT, FREDERICK COUNTY
MA, MI9
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SCALE:1"=100'
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GREENWAY ENGINEERING
151 WINDY HILL LANE
b No. o 837
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Engineers WINCHESTER, VA. 22602
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Surveyors TELEPHONE: (540) 662-4185'ss,
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FAX. (540) 722-9528
j 1971 E-MAIL: greenway@visuallink.com
INFORMA TION ON SL L7PES TAKEN FROM
THE USGS TOPOGRAPHIC MAP
THE rr-l'-= ZDNE BOUNDARY IS FROM A
FREDERICK COUNTY GIS MAP,
ROUTE 660
...........
...........
....
HIGH ................. GH BANKS ROAD
................. - ......... .
...... ............ --- HOUSE
........
ST.. ... ...
.......
.................
...
................ ....
EL UFF
. ..
.......
........ .....
SLOPES
15Z OR ..........
P ......
GREA TER
TM, 56 -(SA).) -1 E -X". HOUSE 41
........... DB 3781459
5.157 ACRES
. .. .. . . . . .
........... WI THIN FL L7UD
ZONE
Ek GARAGE
...
... ................ .FLbZONE B -D Y
Una aft
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
l�
TH OF
V
MARK R SMITH
No. 022837 t�j
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