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BZA 06-20-00 Meeting AgendaFILE torr AGENDA FREDERICK COUNTY BOARD OF ZONING APPEALS The Board Room Frederick County Administration Building 107 N. Kent Street Winchester, Virginia June 20, 2000 3:25 p.m. CALL TO ORDER 1) Minutes of the April 18, 2000 Meeting PUBLIC HEARING 2) Appeal Application 903-00 by Terry DeHaven of Triple T Trucking. This is an appeal of the determination made by the office of the Zoning Administrator in the administration of the Zoning Ordinance, pursuant to Section 165-27E, concerning the operation of a commercial trucking company. This property is located at 180 Quiet Meadow Lane and is identified with Property Identification Number 30 -A -122A in the Gainesboro Magisterial District. 3) Variance 004-00 of Glen E. Russell requesting a one -foot, four -inch side yard setback variance for an existing single-family residence. This property is located at 506 Fair Lane and is identified with Property Identification Number 43D-1-1-21 in the Stonewall Magisterial District. 4) Variance #06-00 of Michael G. Prelip, Inc. requesting a six-inch front yard setback variance for an attached two -car garage. This property is located at 126 Trunk Drive and is identified with Property Identification Number 86E-2-2-19 in the Opequon Magisterial District. 7) Variance #07-00 of Kraft Foods, submitted by Triad Engineering, Inc., is requesting a 3.5 - foot rear yard setback variance for a railroad siding shed. This property is located at 220 Park Center Drive and is identified with Property Identification Number 54 -A -36H in the Stonewall Magisterial District. 8) 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 April 18, 2000. PRESENT: Manuel Sempeles, Jr., Chairman, Stonewall District; James Larrick, Jr., Vice Chairman, Gainesboro District; Theresa Catlett, Opequon District;; Dudley Rinker, Back Creek District ABSENT: Gilbank Hamilton, Shawnee District STAFF PRESENT: Christopher M. Mohn, Planner II; Carol Huff, Secretary CALL TO ORDER The meeting was called to order by Chairman Sempeles at 3:25 p.m. MINUTES OF JANUARY 18, 2000 On a motion made by Mr. Larrick, the minutes for the January 18, 2000 meeting were approved by unanimous consent. (At this point, 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.) Vice Chairman Larrick took the chair. PUBLIC HEARING Variance #02-00 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. ACTION - APPROVAL Christopher Mohn, Planner II, read the background information and explained that a variance is necessary in this case, and would not result in detriment to any other properties on High Banks Road. He told the Board that the applicants and Mr. Gary Oates, design engineer with Frederick Co. Board of Zoning Appeals Minutes of April 18, 2000 Minutes Book Page 1069 Greenway Engineering, were present to answer inquiries. Anne Coverstone, applicant, concurred with the information that Mr. Mohn presented to the Board. She told the board that she and her husband bought the adjoining property and that a boundary line adjustment was being drawn up in order to add acreage to the buildable site. Mr. Larrick asked for clarification that this variance was for a totally different piece of property than the one that was being discussed at the January meeting. He stated that he believed the previous application to still be on the table. Mr. Mohn explained that the applicants had officially withdrawn their last application and had submitted a new application for the current property. There was no one else present to speak for or against the variance. DISCUSSION Discussion followed on whether it was necessary to include the boundary line adjustment as a condition for approval, and whether it would be executed within 30 days. There was also discussion on whether a time frame was required; the consensus was that no time frame was necessary. After briefly conferring with Mr. Gary Oates, design engineer with Greenway Engineering, the applicants replied that they had no problem with a condition on the variance. Mr. Rinker moved to approve the variance with the condition that the boundary line adjustment is executed. Mrs. Catlett seconded the motion. The motion passed with all ayes. BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby unanimously approve Variance #02-00 of Gregory and Ann Coverstone, submitted by Greenway Engineering, fora 15 -foot front yard setback variance for the construction of a single- family residence, contingent upon the execution of a boundary line adjustment. ADJOURNMENT There was no further business at hand; therefore, the meeting was adjourned at 3:45 p.m. by unanimous consent. Respectfully submitted, James Larrick, Jr., Vice Chairman Carol I. Huff, Secretary Frederick Co. Board of Zoning Appeals Minutes of April 18, 2000 2 Minutes Book Page 1070 • • r� u BZA REVIEW DATE: 6/20/00 APPLICATION #03-00 APPEAL OF DECISION BY THE ZONING ADMINISTRATOR TERRY DEHAVEN - TRIPLE T TRUCKING LOCATION: The property is located at 180 Quiet Meadow Lane. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 30 -A -122A PROPERTY ZONING & USE: Zoned - RA (Rural Areas); Land use - Residential ADJOINING PROPERTY ZONING & USE: Zoned - RA; Land use - Residential APPEAL: Appeal of the determination made by the office of the Zoning Administrator in the administration of the Zoning Ordinance, pursuant to Section 165-50, concerning the operation of a commercial trucking company from this residence. REASON FOR APPEAL: The applicant states that he has had commercial trucks parking on said property for 14 years, the parking of which does not adversely impact adjacent properties, and the property is large enough to buffer the other properties from the undesirable view of the trucks. STAFF COMMENTS: This appeal is in response to notice of violation sent to Mr. Terry DeHaven on March 28, 2000. Staff investigated a zoning violation complaint on March 22, 2000. The complaint was regarding an operation of a commercial trucking company operating at the above - referenced property. It was observed that three commercial vehicles were located on the property. In addition, it was determined through the Frederick County Commissioner of Revenue's Office that a business with the name "Triple T Trucking" was operating at this location. As a result of this investigation, the applicant, Mr. Terry DeHaven, was cited for violation of the Frederick County Zoning Ordinance Section 165-50, Permitted Uses. The operation of a commercial trucking company is not a permitted use in the RA (Rural Areas) Zoning District. A commercial trucking operation would be permitted in the M1 (Industrial Light District) and M2 (General Industrial District). Triple T Trucking Appeal Page 2 June 13, 2000 In the appeal application, the applicant has recognized that a commercial trucking operation is operating from this location. He has further stated that the business has been in operation for 14 years. The Frederick County Zoning Ordinance was adopted on November 1, 1973, and amended in the years 1982,1989,1990 and 1992 respectively. The Zoning Ordinance has never permitted a commercial trucking operation in the RA (Rural Areas) Zoning District. STAFF CONCLUSION FOR JUNE 20, 2000 MEETING: Affirmation of the determination made by the office of the Zoning Administrator that a commercial trucking operation is located on this property. The applicant should remove the zoning violation from the property and locate the commercial trucking operation in the applicable zoning district. The zoning districts in which the applicant may operate a commercial trucking business are: M1 and M2. The applicant also has the option to discontinue the commercial trucking business. File: O \Agendas\BZA\Staff Report\Ter yDeHaven.APP.wpd r /' • J � } low, ��►MQl�lti � IY Ij � 'I ' • ONNIWA /'�. a memo �M& Kalman APPLICATION FOR APPEAL IN THE COUNTY OF FREDERICK, VIRGINIA MUST BE TYPED OR FILLED OUT IN INK _ PLEASE PRINT 1. The applicant is the owner X other 2. APPLICANT: NAME: Terry DeHaven . (Check one) OCCUPANT: (if different) ADDRESS 180 Quiet Meadow Lane . ADDRESS: Winchester, Virginia 22603 TELEPHONE: (540) 888-3608 TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): Six miles north of Winchester on 522 North to Hogue Creek Bridge. Take left first crossover after bridge. Take 522 South to first right to private lane, Quiet Meadow Lane, to first drive on right. 4. Magisterial District: Gainesboro 5. 14 -Digit Property Identification No.: RECEIVED APR 2 e 2000 DEPT. OF PLANNIN0,TEVELOPMEiW 6. The existing zoning of the property is: Agricultural./ural 7. The existing use of the property is: Residence &. Adjoining Property: W-14 North Pbod East Farming South Famiincr West Residence & Farming Agricultural/Rural Agricultural/Rural Agricultural/Rural Agricultural/Rural 9. Describe the decision being appealed. (Attach a copy of the written decision.) Decision of Mark Cheran of Frederick County Depazrbtent of Planning and Development ;;ring the removal of 3 ccumericial trucks fran our property and the relocation of Triple T Trucking from my residence. 10. Describe the basis of the appeal, indicating your reason(s) for disagreeing with the decision. (This may be provided on separate sheet.) Have haat trucks parking on said property for 14 years. Parking the trucks on the property does not adversely impact adjacent properties. The subject property is large enough to buffer the oder properties from undesirable views of the trucks 11. Additional comments, if any: RECEIVED APR 2 7 2000 DEPT. OF PLANMNGiWELOPMENT 12. The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the appeal 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 notified by mail of this application. Please list complete 1"giit property identification number.) NAME Terry N. DeHaven, Jr. Address216 Quiet Meadow Lane, Winchester, VA 22603 Property ID # ') Frederick & Teresa Carrick Address324 Quiet Meadow Lane, Winchester, VA 22603 Property ID #� Susan French Address361 Quiet Meadow Lane, Winchester, V% 22603 Property ID #R l a Address 826 Buckner Drive, Winchester, VA 22603 James Adams, Jr. Property ID # -j)O 13Q I Address 201 Chesnut Grave Road, Winchester, VA 22603 Douglas & Mary Cooper Property ID # I B C CharlesRenner & Elizabeth Address 473 Cedar Grove Road, Winchester, VA 22603 Patrick Property ID # 3c) a Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address . Property ID # AGREEMENT APPEAL # —0-3-00 I (we), the undersigned, do hereby respectfully petition the Frederick County Board of Zoning Appeals (BZA) to overrule the administrative interpretationof the County Zoning Ordinance as described herein. I agree to comply with any conditions 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 hereby certify that all of the statements and information contained herein are, to the best of my knowledge, true. L SIGNATURE OF APPLICANT DATE `� �d d SIGNATURE OF OWNER (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF ACTION: - DATE - APPEAL OVERRULED DATE APPEAL SUSTAINED SIGNED: BZA CHAIRMAN DATE: Mir KAWMMM"PLICA"PEAL Rev. 1197 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAY: 540/678-0682 CERTIFIED MAIL March 28, 2000 Mr. Terry DeHaven !EO Qui -m Nlcado,_ Lane Winchester, Virginia 22603 RE: 180 Quiet Meadow Lane; Property Identification Number (PIN): 30 -A -122A Zoning District: RA (Rural Areas) Dear Mr. DeHaven: On March 22, 2000, at 12:30 p.m., I visited the above -referenced property in response to a complaint regarding the alleged operation of a commercial trucking company. My inspection of thu rife revealed the presence of three (3) commercial trucks on the subject property. In accordance with Section 165-50 ofthe Frederick County Zoning Ordinance, a commercial trucking company is not a permitted use in the RA (Rural Areas) Zoning District. This property is zoned RA (Rural Areas) Zoning District. Research of records at the County's Commissioner of Revenue's Office indicated that a business. with the name of"Triple. T. Trucking" is operating at this location. Therefore, this illegal business operation constitutes a violation of the Zoning Ordinance on the subject property. This office will allow thirty (30) days from receipt of this letter to resolve this violation. Specifically, such resolution may be accomplished through the removal of the business from this property and relocation of the business to the appropriate zoning district. If for some reason you cannot comply within this time period, please contact me so that other arrangements may be considered. Failure to comply with the Zoning Ordinance could result in a criminal complaint being filed against you. You may have the right to appeal this notice of violation within thirty (30) days of the date of this letter in accordance with Section 15.2-2311 of the Code of Virginia. This decision shall be final and unappealable if it is not appealed within thirty (30) days. Should you choose to appeal, the appeal must be filed with the Zoning Administrator and the Board of Zoning Appeals (BZA) in accordance with Article XX, Section 165-144A(1) of the Frederick County Zoning Ordinance. This provision 107 North Kent Street • Winchester, Virginia 22601-5000 Page 2 Mr. Terry DeHaven Re: 180 Quiet Meadow Lane March 28, 2000 requires the submission of an application form, a written statement setting forth the decision being appealed, the date of decision, the grounds for the appeal, how the appellant is an aggrieved party, any other information you may want to submit, and a $250.00 filing fee. Once the appeal application is accepted, it will be scheduled for public hearing and decision before the BZA. Please do not hesitate to contact me regarding any questions or concerns you may have. Sincerely, Mark R. Cheran Planner I MRC/rsa U.• I MarklCommonV violation I Dehaven. wpd BZA REVIEW DATE: 06/20/00 VARIANCE #04-00 GLEN E. RUSSELL LOCATION: This property is located at 506 Fair Lane. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 43D-1-1-21 PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Residential ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas); Uses: Residential and Interstate 81 VARIANCE: A one -foot, four -inch side yard setback variance for an existing single-family residence. REASON FOR VARIANCE: The angle of the house put the rear corner of the home into the setback area. STAFF COMMENTS: Within the RA (Rural Areas) Zoning District, the minimum side yard setback for a principal structure is 50 feet when property adjoining the subject parcel is used for residential purposes. The existing single-family dwelling was constructed 48.8 feet from the side property line. Therefore, the applicant is requesting a 1.4 -foot (one -foot, four -inch) side yard variance to accommodate the existing dwelling. The subject property, of approximately five acres in area, is not affected by any extraordinary conditions or features that would preclude conformance with all applicable setback standards. The developer obtained zoning approval of a building permit on April 6, 1999 to construct the dwelling on the property. The applicant stated that the building would be located 70 feet from the side property line. Therefore, the dwelling was approved to be located 70 feet from the side property line. A house location survey is required for primary structures which are to be located five feet or less from any minimum setback requirement; because a side yard setback of 70' was requested, no location survey was required. Glen Russell Variance Page 2 June 12, 2000 It is important to note that the builder in this case contracted with a third parry inspector to expedite review of the footers and foundation of the dwelling on the subject property. Such a contractual relationship is permitted by law assuming the inspector follows strict guidelines established by the Frederick County Building Official. Specifically, the third party inspector must evaluate the work of the builder using information generated through the Building and Inspections Department. This information is based upon the submitted building permit application and printed on spreadsheets referred to as "tickets." Included in the ticket information are the setbacks applicable to the proposed structure(s). The third party inspector must provide their professional seal and signature on these tickets as confirmation that all requirements have been met by the builder, including the setbacks. As the third party inspector functions as an agent of the builder, the resulting encroachment is not limited only to the inspector, but is arguably shared by all parties involved in the development of the property. The construction of the house proceeded based on this approval. It was not until a survey was performed upon completion of the home that the County was made aware of the violation. Richard Ruckman, the third party inspector in this case, conducted an inspection of the footing on April 8, 1999. Mr. Ruckman approved the location of the footers as evidenced by his seal and signature on the footing ticket. It should be noted that Mr. Ruckman was a third party inspector for another case heard by this Board on October 19, 1999 (Variance # 07-99). In this case, footers were approved that allowed a 3.8 -foot encroachment of a garage into the front setback. Staff felt that the Board should be aware of previous cases which resulted in setback encroachments and subsequent variance applications to remedy the situation. 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 submitted variance does not meet the requirement set forth by the Code of Virginia. All hardship incurred by the applicant appears to be self-imposed and, therefore, does not warrant a variance. The errors made during the development process are not sufficient justification for a variance to the requirements of the Zoning Ordinance. Furthermore, the applicant has not demonstrated an attempt to alleviate the setback problem through other means such as a boundary line adjustment. O:\Agendas\BZA\Staff Report\GlenRussell. VAR. wpd ��u...r Ui r.cueiiva ruu ung rnanii nuanna: vuuvbLC - 1999 Winchester VA 22601 USBC: 1996 INSPECTION DATE: INSPECTION TINE: ELECT PLUMB 4/07/1999 4/07/1999 OWNER NAME/ADDRESS SITE ADDRESS CONTRACTOR NAME/ADRESS RUSSELL, GLEN W. Russell, Glen W. 270 Panarama Drive Fair Lane 270 Panarana Drive Winchester, VA 22603 Fairlane Orchard Estates, Lot 21 00 Winchester, Virgina PHONE: 5406627083 PHONE: 540 722 3900 DESCRIPTION OF CONSTRUCTION LOCATION TAX MAP NO.: 43D 1 1 21 SECTION: BLOCK: LOT: 21 BLDG NO.: ------------------------------------------------------------------------------------------------------------------------ SET-BACKS: HEALTH PERMIT NO.: DISTRICT: STONEWALL FRONT: 275' BACK: 254' FLOODPLAIN: SUB -DIVISION: FAIRLANE ORCHARD ESTATES RIGHT: 220' LEFT: 70' AREA: Clearbrook/Brucetown ZONE: Residential Performance GREEN CARD: S/E CUP NO.: SITE PLAN: DIRECTIONS TO SITE: Route 11 North, make a left on Weiltown road, go about 2 miles and make a left on Fair Lane. MASTER PLAN 99-1 clap Book Page 127 Grid B-4 NATURE OF WORK: USE GROUP: Use Group "R" Residential USE CODE: Single Family Dwelling CONST. TYPE: New SQ FEET: 1902 ------------------------------------------------------------------------------------------------------------------------ S.DATE: 4/07/1999 Building Permit .,idg. Size 28 X 34 Basement NO Crawlspace YES Const. FRAME Truss Roof YES Canv. Roof NO Floor Jois 2 X 10 Floor Gov. CARPET Exterior W 2 X 4 Covering SIDING Interior W 2 X 4 Covering DRYWALL # Stories 2 # Bedrooms 3 # Bathroom 2 1/2 Total* Ras 30 Occup Load Neck. Lien YES Note GARAGE 22 X 28 Note Note Note Note -------------------------- ---------------------------------------------------------------------------------------------- NOTES TO INSPECTOR: Footing - Iuspec ion Results: SCHEDULED INS CTOR: ENG PASS: FAIL: RESCHEDULE DATE: CJ Lj TIME. lo *: C 0 N I E N T S 1 6 INSPECTOR SIGNATURE: J1._4 ¢J Page 1 of 5 APPLICATION FOR VARIANCE APR 2 5 2000 IN THE COUNTY OF FREDERICK, VIRGINIA DEPT, OF PLANNING/DEVELOPMENT MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner —L� other . (Check one) 2. APPLICANT: NAME: �7 ADDRESS/ moi' t� TELEPHONE: 4�'�c3' �E - 706 OCCUPANT : (if different) NAME: ADDRESS: TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): &A �� `�7cl c �.��:,�� '7a 6v, ' 66, 8,2 2::� —ci e_J Ll 6 3 4. The property has a road frontage of feet and a depth of ,7., 97 feet and consists of 3 j acres. (please be exact) 5. The property is owned by r jli C, as evidenced by deed from �;,� �,= rp. recorded _ (previous owner) in deed book no. 9 on page of the deed books of the Clerk of the Court for Fre-derick County. Attach a copy of the deed. IVE D APR 2 5 2000 Page 2 of 5 // DEPT. OF PLANNING/DEVELOPMENT 6. Magisterial District: 51e")176 ZtI-)IO 7. 14 -Digit Property Identification No.: 43 � j — L21 8. The existing zoning of the.property is: fl # 9. The existing use of the property is:� f r' 10. Adjoining Property: MU ZONING North CIec�e2 `CL East A;7 14 South9 Al - West 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.") /9_ i 7-2090' ii7c.i s>lr_ /-rye' alr,i� a - 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 page 3 d 5 RECEIVED APR 2 5 2000 14. The following names and addresses are all of the individuals, firms, or corp?EW8 �� aiie li 1tVELOPMENT property adjacent to the property for which the variance is being sought, including properti 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 1-4 1 Z' 10 i S-- Address 3.3e De 4a 0 %d �. Propertym# _ -�Z3 Y / J Address��,, Property ID# Q o NAME Ck7 M A t' ��` Address L.� 1'•-1 - -1 _�/ . .2-2 D ,� PropertyID# '/,J NAME 6 4F 2Address �� :.-� c.�, �- 5 �.�.� �. a 3 Property ID# _ '1-3 %J % / 3 NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# NAME Address Property IN Page 5 of 5 AGREEMENT VARIANCE # n+-- M MCCEIVED APP 2 5 ZOOO QEPT. OF PLANNING DEVELOPMENT 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 - ' OO SIGNATURE OF OWNER DATE (if other than applicant) BZA PUBLIC HEARING OF APPROVAL -OFFICE USE ONLY- - DATE - SIGNED: DENIAL DATE: ACTION: BZA CHAIRMAN CURVE I RADIUS 1 LENGTH CHORD I SEARING IRF i- C1 975.00' 44.53' 44.52' N4030'55 E 507 R/'N Q' M 326%S� VAE -,.0- gay`' 10,�yi� R 6 IR Q � S IRF C? LOT 20 LOT 22 I SEE DETAIL I 48.8' 34.2' 24.0' i TWO STORY m l LOT 21 m N FRAME DWELLING � 5,0233 ACRES W 58.2' I I o DETAIL C, SCALE: 1'=30' GRAPHIC SCALE � 100 5}0 0 100 N I z I 100' BRL I INCH = 100 FEET I { --------------------------------- -"_i_ EX POTOMAC EDISON CO. RIGHT-OF-WAY C --------------------------------------- --------------------------------- --NOTES: NOTES: S60'14'5i'W 355.96' IRF 1. NO TITLE REPORT FURNISHED. 2. PROPERTY IDENTIFICATION NO. 43D-1-1-21. INTERSTATE ROUTE 81 - S.aL 3. EASEMENTS MAY EXIST THAT ARE NOT SHOWN ON THIS PLAT. 4. IRF - IRON ROD FOUND FLOOD NOTE. BRL - BUILDING RESTRICTION LINE ZONE. C T.R. - TRIMMING RIGHTS COMMUNITY NO.: 510063 5. THIS LOT IS SUBJECT TO A 15' DRAINAGE, PANEL: 01053 SLOPE & UTILITY EASEMENT ALONG FAIR LANE DATE- 07-17-78 AND A 10' UTILITY EASEMENT ALONG ALL SURVEYOR'S CERTIFICATE PROPERTY LINES. 6. THIS LOT IS SUBJECT TO A 10' WIDE BELL I HEREBY CERTIFY THAT THE INFORMATION SHOWN ON ATLANTIC EASEMENT ALONG FAIR LANE AND THIS PLAT IS BASED ON AN ACTUAL FIELD SURVEY MADE ALONG ALL PROPERTY LINES. UNDER MY SUPERVISION ON APRIL 3, 2000 AND THAT 7. HOUSE NUMBER NOT POSTED NOR DRIVEWAY TO THE BEST OF MY KNOWLEDGE AND BELIEF THERE ARE INSTALLED AT TIME OF SURVEY. NO ENCROACHMENTS OR VISIBLE EASEMENTS UNLESS SHOWN. HOUSE L004770N SURVEY TH OF tf LOT 21 N SECTION ONE ate' FAIRLANE ORCHARD ESTATES DEED 800K 874 w PAGE 906 STONEWALL MAGISTERIAL DISTRICT a No. SQ011 e FREDERICK COUNTY, VIRGINIA y�dD DA TE- 14 APRIL 2000 =5-04LE- i"=100' SHEET 1 OF I RND SUR`IS Marsh & Legge Land Surveyors, P.L.0 DRAWN BY: HH 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 M FAX (540) 867-0469 - EMAIL mlls®shenteLne DWG NAME: ID 14,56 C� L • BZA REVIEW DATE: 06/20/00 VARIANCE #06-00 MICHAEL G. PRELIP, INC. LOCATION: This property is located at 126 Trunk Lane. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 86E-2-2-19 PROPERTY ZONING & USE: Zoned RP (Residential Performance) District; Land use - Residential ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) and RP (Residential Performance); Uses: Residential VARIANCE: A six-inch, front yard setback variance for an attached two -car garage. REASON FOR VARIANCE: A mistake was made in installing the foundation. STAFF COMMENTS: Within the RP (Residential Performance) Zoning District, the minimum front yard setback for a principal structure is 35 feet. The existing single family dwelling includes an attached garage which was constructed 34.6 feet from the front property line. Therefore, the applicant is requesting a six- inch front yard variance to accommodate the existing garage. The subject property, of approximately 1/4 acre in area, is not affected by any extraordinary features that would preclude conformance with all applicable setback standards. This parcel is representative of most lots found within the Woodside Estates II development. The developer obtained zoning approval for a building permit on January 25, 2000 to construct the dwelling on the property. The structure, including garage, was approved to be located 36 feet from the front property line. A house location survey is required for primary structures which are to be located five feet or less from any minimum setback requirement. The necessary surveys were performed by Marsh and Legge on February 1, 2000 to establish the location of the footings. At this time, a front setback of 36 feet Michael G. Prelip, Inc. Variance Page 2 June 12, 2000 was established. Subsequent to establishing the setbacks, the location of the garage was revised. This revision to the footings was not verified by an additional survey. The mid -construction survey was prepared immediately prior to obtaining a certificate of occupancy for the house. The applicant has stated that a mistake occurred during the placement of the foundation, resulting in the six-inch encroachment. Upon discovery of this error, the developer applied for a variance. 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 submitted variance does not meet the requirement set forth by the Code of Virginia. Errors made during the development process are not sufficient justification for a variance to the requirements set forth in the Zoning Ordinance. Furthermore, an attached garage is not essential to the utilization of this property for residential purposes. 0:Wgendas\13ZA\Staff Report\Prelip.VAR.wpd ECEI IED Page 1 of 5 APPLICATION FOR VARIANCEdrY IN THE Lu, COTTNTV OF FREDERT(' VIRGINIAi DEPT. OF PLANNING/DEWITRMENT MUST BE TYPED OR FILLED OUT IN INR - PLEASE PRINT 1. The applicant is the owner ✓ other . (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: :ZL ,__ NAME : ADDRESS /0�y22z ADDRESS: t;4 Z-2-45, o3 TELEPHONE: TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): V 4 4. The property has a road frontage of e® ' feet and a depth of j Z3 feet and consists of qgqc : nacres . (please be exact) 5. The property is owned by ,4Y1c L,,_, 2 , 2,0 - e _ as evidenced by deed from72� A, , ems. recorded (previous owner) in deed book no. / on page S"-2 - 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:_£�rc�._l 7. 14 -Digit Property Identification No.: 8. The existing zoning of the .property is: ,yrs s.r�;cz,f 9. The existing use of the property is: -R.e 10. Adjoining Property: USE ZONING North LLt r11L�-,/� East z - South (eosin aj�¢— West 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.") 11- r aA 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 1 U d, a2 & C1 /!iJ .5 tyZ-rzz i/! i.?� 13. Additional comments, if any page 3d5 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 7S--kwe, Address Property ID# q6 E- Z- Z - NAME Property yID# Address �6 - Z - ?-0 r° NAME M, J-tL,-v-I Property ID# '0 Address :._.r1- E)Y— L;, -Z-7- 57 Property ID# Address S'-) " NAME I c c--e-i ,. -0 —1" Property ID# 96& -z' Z- 5�3 ILNt, UM,, Property ID# NAME Property ID# NAME Property ID# Address / 2 5 i Sf -� VA Address Address Address NAME Address. Property ID# NAME Address Property ID# Page 5 of 5 AGREEMENT VARIANCE # 6t O 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. Z�4SIGNATURE OF APPLICANT 0 DATE SIGNATURE OF OWNER DATE (if other than applicant) BZA PUBLIC HEARING OF -OFFICE USE ONLY- B-074 I APPROVAL SIGNED: DENIAL DATE: ACTION: vim— ZS - -;�-oo�4 BZA CHAIIZMAN County of Frederick Building Permit PHMIL T NUABER: 0000094 - 200s Ninchsstar VA 22601 USBC: 1996 LIEN AGENT; CA2EitON TITLE, LLC 540-667-6333 APPLICATION DATE: 1/13/2000 i22 S CAHRON STREET ISSUANCE DATE: WINCHESTER, Ud RENitiAL DATE: 22601 DATE: _/1812000 u>irFER NAIVADDRESS SIT,: ADDRESS CONTRACTOR X1:7:,/ASRESS PRELIF, MICHAEL G. INC. TAX MAP PreliP, Michaai G. Inc. 510 Valley View Drive Trunk Drive 510 Valley View Drive Winchester, VA 22603 Woodside Estates, Lot 19, Winchester, Virginia FRONT: Section 2 00000 22603 FLOODFLAIN: PHONE: 5407222200 RIGHT: PHONE: 546 722 2200 DIRECTIONS TO SITE: Take 277 East to Double Church Road make a right into second entrance of Woodside Estates will be on Trunk Drive Master Plan #98-4 Page 278 A-3 USE GROUP: Use Group "R" Residential USE CODE: Single Family Dwelling SQ EET: 2238 CNST.TYPE: New NATURE/WRX: Single Family Dwelling ----------------------------------------------------------------------------------------------------------------------- DESCRIPTION OF CONSTRUCTION LOCATION TAX MAP NO.: 86E 2 2 19 LOT: 19 BLOCX: SECTION: 2 BLDG `i0.: SET-BACXS: rj : y� - ----------------------------------------------------------------------- HEALTH PERMIT NO.: ----- DISTRICT: OPEQUON FRONT: 36'OBACX: 39' to FLOODFLAIN: SUB -DIVISION: `riOODSIDE ESTATES RIGHT: 12 LEFT: 25 AREA: Fredericktowne ZONE: Residential Perforaance CNT3 : FRTG"Z: VINYL SIDING RIGHT-OF-WAY: SIE CUP NO.: SITE PLAN: DIRECTIONS TO SITE: Take 277 East to Double Church Road make a right into second entrance of Woodside Estates will be on Trunk Drive Master Plan #98-4 Page 278 A-3 USE GROUP: Use Group "R" Residential USE CODE: Single Family Dwelling SQ EET: 2238 CNST.TYPE: New NATURE/WRX: Single Family Dwelling ----------------------------------------------------------------------------------------------------------------------- Building Permit L Size 44 X 48 Basement NO Crawlspace YES Const. FRAME Truss Roof YES Conv. Rnof NO Floor Jois 2 X 10 Floor Cov. CARPET/VINYL Esterior W 2 X 4 Covering VINYL SIDING Interior W 2 X 4 Covering DFc7: LL # Stories 2 # Bedrooms 4 # Batbroam 2.5 Total# Rms 14 Occup Load Mech. Lien YES Note GAR-IGE 20:120; COVERED dote PORCH 6X10 Note Note Note ------------------------------ i J03 VALUE: ------------------------------------------------------------------------------------------ 110,000.00 PERMIT FEE: Surcharge TOTAL FEES ------------------------------------------------------------- 231.66 ! I hereby agree to comply with all provisions of the Virginia 2.32 ! Uaiform Statewide Building Code and tie Zoning a Subdivision ! ! Ordiaances as adopted by the County of Frederick. ± a ! CA30 I e 2 FAMILY DWELLING CODs, or BOCA NATIONAL BUILDING CODE ! ! SURVEY STANDARDS REQUIRED? ;ES NO INITIAL: ! ! DETAILED SITE PLAN REQUIRED? YES:iO INITIAL ! 233.98 ! , !------------------------------------------------ t-------------------------- � DATE DATE -ATE �ye-Y Applicant (please print) County of Frederick Win cbestar VA 22501 LIEN AG 2:I T: OWNER N A E/ADDRESS PRELIP, MICHAEL G. INC. 510 Valley View Drive dincsestar, VA 22603 PHONE: 5407222200 Setback Report SITE ADDRESS Trunk Drive Woodside Estates, Lot 19, Section 2 00000 PSRUTT 4U:132R: USBC: APPLICATION DATE: ISSUANC"e DATE: RE`iEIRAL DATE DATE: CONTRACTOR NAME/ADRESS OWNER PHONE: 0000094 - 2000 1996 1/13/2000 1/25/2000 BIRECTIONS TO SITE: Take 277 East to Double Church Road make a right into second entrance of Woodside Estates will be on Truat Drive Master Plan #98-4 Page 278 A-3 USE GROUP: Use Group "R" Residential USE CODE: Single Family Dwelling SQ FEET: CNST.TYPE: New NATURE/'NRK: Single Family Dwelling ----------------------------------------------------------------------------------------------------------------------- Setback Report * MIN SETBACKS * FRONT 35' } REAR 25' * RIGHT 10' * LEFT 10' * * } * 3 i * } ----------------------------------------------------------------------------------------------------------------------- JOB VALUE: --------------------------------------------------------------------------- PERMIT FEE: ! SURVEYOR INFORMATION f ! NA L: A4t(,<#y-¢- GC�GC-� FRONT: 3%•Di BACK: ! DATE OF SURVEY: 00 RIGHT: 140' LEFT: /f�.3 ` SEAL TOTAL FEES: wj SQUIRE iI' i3Ti ES 4, 1 � SU DESCRIPTION OF CONSTRUCTION VOCATION TAX ;SAP NO.: 86E 2 2 19 LOT: 19 BLOCK: SECTION: 2 BLDG NO.: ----------------------------------------------------------------------------------------------------------------------- SET-BACKS: HEALTH PERMIT NO.: DISTRICT: OPEQUON FRONT: 36' BACK: 39' FLOODPLAIN: SU3-DIVISION: WOODSIDE ESTATES RIGHT: 12' LEFT: 2S' AREA: Fredericktowne ZONE: Residential Performance CNTR : FRTGE: RIGHT-OF-WAY: S/E CUP NO.: SITE PLAN: BIRECTIONS TO SITE: Take 277 East to Double Church Road make a right into second entrance of Woodside Estates will be on Truat Drive Master Plan #98-4 Page 278 A-3 USE GROUP: Use Group "R" Residential USE CODE: Single Family Dwelling SQ FEET: CNST.TYPE: New NATURE/'NRK: Single Family Dwelling ----------------------------------------------------------------------------------------------------------------------- Setback Report * MIN SETBACKS * FRONT 35' } REAR 25' * RIGHT 10' * LEFT 10' * * } * 3 i * } ----------------------------------------------------------------------------------------------------------------------- JOB VALUE: --------------------------------------------------------------------------- PERMIT FEE: ! SURVEYOR INFORMATION f ! NA L: A4t(,<#y-¢- GC�GC-� FRONT: 3%•Di BACK: ! DATE OF SURVEY: 00 RIGHT: 140' LEFT: /f�.3 ` SEAL TOTAL FEES: wj SQUIRE iI' i3Ti ES 4, 1 � SU 0 • BZA REVIEW DATE: 6/20/00 APPLICATION #07-00 KRAFT FOODS LOCATION: The property is located at 220 Park Center Drive. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 54-A-3 6H PROPERTY ZONING & USE: Zoned - M1 (Light Industrial); Land use - Industrial ADJOINING PROPERTY ZONING & USE: Zoned - Ml (Light Industrial) and 133 (Industrial Transition); Land use - Industrial and Vacant VARIANCE: A 3.5 -foot side yard variance for a railroad siding shed REASON FOR VARIANCE: The applicant states that variance is necessary due to the existing size and condition of the property which they consider an extraordinary site development situation. The location of the proposed rail shed is limited due to the location of the existing railroad right-of-way and the approved rail siding location of the existing manufacturing structure. STAFF COMMENTS: Within the Ml (Light Industrial) Zoning District, the minimum side yard setback for any structure is 25 feet. Kraft Foods proposes to build a railroad shed that will serve as a loading area around the relocated CSX rail line. The south end of the building is to be located 22.1 feet from the setback line, whereas, the north end would be constructed 22.5 feet from the property line. Therefore, the applicant is requesting a 3.5 -foot side yard variance to accommodate the 7,520 -square -foot structure. The 243,000 -square -foot Kraft Foods facility is located on 20 acres of land in the Fort Collier Industrial Park. The main building is located approximately 160 feet from the side property line which involves the requested variance. CSX has approved a rail siding relocation which will allow Kraft to receive goods and materials from the rail cars and transport them for use to the main facility. The requirements of the CSX relocation dictate the location of the railroad shed to some extent. In this area, there is limited space within which to place the proposed rail shed due to the rail line placement, the approved geometries of the railroad spur, and the sloping topography on the east side of the proposed shed. Kraft Variance Page 2 June 12, 2000 STAFF CONCLUSION FOR JUNE 20, 2000 MEETING: 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 submitted variance meets the requirements set forth by the Code of Virginia. Although Kraft Foods retains the ability to utilize this property for manufacturing and warehousing, the ability to retrieve materials via the railway is crucial to these processes. The placement of the relocated rail line limits the placement options for the rail shed. The placement is further limited by the topography of the property in the location of the proposed railroad spur. Finally, the proposed encroachment does not have any detrimental effects on the adj oining properties located across the rail road right-of-way. File. O'\Agendas\BZA\Staff Report\K.ftFoods. VARwpd Page I of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA MUST BE TYPED OR FILLED OUT IN INR — PLEASE PRINT 1. The applicant is the owner �_ other (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: TRIAD ENGINEERING, INC. NAME: KRAFT GRUTU • FOODS 200 Aviation Drive (22602) ADDRESS p. n_ Rnx_23A7 (99rn4) ADDRESS: 220 Park Center Drive Winchester, VA Winchester, VA 22603 TELEPHONE: 540-667-9300 TELEPHONE: 540-678-0442 3. The property is located at (give exact directions and include State Route numbers): 220 Park Center Drive The property is located at the southwest quadrant of the intersection of State Routes 1323 and 1320. 4. The property has a road frontage of 1042 +/- feet and a depth of 810 feet and consists of 20.00 acres. (please be exact) 5. The property is owned by Kraft General Foods, Inc. as evidenced by deed from —Shockey Management Co. recorded (previous owner) in deed book no. 759 on page 1062 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 7. 14 -Digit Property Identification No.: 54 -((A)) -36H 8. The existing zoning of the.property is: M-1 9. The existing use of the property is: 10. Adjoining Property: USE North Industrial East Industrial South Industrial West Vacant Industrial M-1 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 3.5 rear yard variance for a railroad siding shed. 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 variance is requested due to the existing size and condition of the property considered an extraordinary site development situation The location of the proposed rail shed is limited due to the location of the existing railroad right-of-way and the approved rail siding location of the existing manufacturing structure. 13. Additional comments, if any page 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 Crider & Shockey, Inc. of VirginiaAddress P. 0. Box 2530 Winchester, VA 22604 Property ID# 54-A-360 NAME Kraf t General Foods, Inc. Address 220 Park Circle Drive Winchester, VA 22603 Property ID# 54 -A -36G NAME Green Bay Packaging, Inc. Address P. 0. Box 19017 Green Bay, WI 54307 Property ID# 54-A-84 NAME Preston I. Moffett Address P. 0. Box 2870 Winchester, VA 22604 Property 1D# 54-A-85 NAME Moore's Lumber & Building Supplies Address P. 0. Box 2908 Roanoke, VA 24022 Property IM54A-1-A NAME Ronald S. & Velma B. Simkhovitch Address 2929 Valley Avenue Winchester, VA 22601 Property ID# NAME Address Property ID# NAME Address Property ID# NAME Property ID# NAME Property ID# Address Address Page5afs 14;Ub ILI WIN(: P.02 AG EMEN Y VARW,iCT, #07--00- I (we), the undersigned, do hereby respectfully make application, and petition the Frederick County BcEtrd of Zoning Appeals (BZA) to grant a variance to the terms of the ]Frederick County Zoning Ordimance as described hereirrt. 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 uneerstand that the sign issued to me when this application is submitted must be placed at the front property line at least severs (7) days prior to the BZA public hearing and maintained so as to be visible from the road or right -of -moray until the ]rearing. I hereby certify that 0 of the statements and information contained herein are, to the best of my knowledge, true_ SIGNATUREF AP PLICANr ' �1�/ �C�� DATE 05 -2 -5 -fib O SIGNATURE OF OWNER DATE OZ/2-f, Zc�' (if other than applicant)��o t K� A-�'r moo ds -O FIGS USE QNLY- BZA PUBLIC MARING OF ACTION: - DATE - APPROVAL SIGNED BZA CHAIRMAN DENIAL DATE: TOTAL P.02 EQG OF GRAVEL—\ � \ .�� - ----------� e�E 4F G VE------------- -�---------------+ ------ __------___._ acc--..�s�— — — — — — ---=="��scc��_-- ----- — -===="i'�--- -- — x\�------'--------- - M L/M1TS OF --------------- 698 ------_ EDGE OF GRAVEL t 7---ij74B -- --fa �---v �- ..------------"�L-- _-_----_—_--.. TQ ARCH. � \-' ,.. a•- — + 11 -OR STEP A '�- - 696 ` 0JURAT/ON 220 ' _ Ham.' 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I /YYiER (I `l ( M ------ er EY. OU ILDI ND LINE \ 0. 1. TWrte9..9 INY.IN-6e6-IOI TO- PYCI 1 Ixv. Ixrte6. 1912- RCP, j I II IMY. IN�ei. 1]115• RCP, INV. gIrrte9.99n5- flWl � / oii'teF♦iielL� IxY. rt9D. ]. /ISTDIE [IKYERiI TDD -------------- .we& 40 �, l pw. a� M M� y CC��ffill �f &1' a �iM eOMf M/tM�AT i ft - o,o.:,y wNbW- C.4 Resolution of Appreciation Honoring Manuel G. Sempeles, Jr. WHEREAS, Manuel G. Sempeles, Jr. served as a member of the Frederick County Board of Zoning Appeals from the date of his appointment by the Frederick County Circuit Court on May 15, 1987, and as Chairman of said Board from the date of his election on January 17, 1995, until his resignation effective July 2000; and, WHEREAS, during the period of his membership on the Board, Manuel G. Sempeles, Jr. served dutifiilly, demonstrating both great insight into the issues which faced the Board, and a keen sense of dedication to the betterment of his community; and, WHEREAS, the current members of the Board of Zoning Appeals wish to express their gratitude to Manuel G. Sempeles, Jr., and recognize his many years of faithful service, NOW, THEREFORE, BE IT RESOLVED, That on this 18th day of July 2000, the Frederick County Board of Zoning Appeals does hereby officially express its sincere thanks to Manuel G. Sempeles, Jr. for his commitment to sound planning, participation in activities of the Board of Zoning Appeals, and his overall dedication to the County of Frederick. James R. Larrick, Jr., Vice Chai Gainesboro District Dudley H. Rinker Back Creek District Michael T. Ruddy Zoning Administrator Theresa B. Catlett Opequon District Gilbank F. Hamilton Shawnee District Amy M. Lohr Planner II