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BZA 04-16-02 Meeting AgendaFILE COPY AGENDA FREDERICK COUNTY BOARD OF ZONING APPEALS The Board Room Frederick County Administration Building 107 N. Kent Street Winchester, Virginia April 16, 2002 3:25 p.m. CALL TO ORDER 1) Determination of a Quorum 2) Minutes of March 19, 2002 3) Introduction and Welcome of New Members PUBLIC HEARING 4) Appeal of Decision by The Zoning Administrator, Application #07-02 of Kimerly G. Henry (Henry Business Park) concerning the zoning district boundary determination along Fort Collier Road. The parcels are located on Fort Collier Road between Baker Lane and Huntington Meadows subdivision and are identified with Property Identification Numbers 54-8-41, 42, 23, 24, 25 & 26 in the Stonewall Magisterial District. 5) Variance #05-02 of Fort Braddock Heights, Section 2 (Lot 28) submitted by Michael Prelip, Inc. for an18-foot front yard setback variance to create a buildable lot for the construction of a single-family residence. The property is located off of Fox Drive in Section 2 of the Fort Braddock Heights subdivision, Lot 28, adjacent to the City of Winchester corporate limits and is identified with Property Identification Number 53D-4-2- 28 in the Stonewall Magisterial District. 6) Variance #06-02 of William and Carol Roberts for a 100 -foot side yard setback variance to create a buildable lot for the construction of a single-family residence less than 200 feet from a working orchard. This property is located in Ravenwood Estates, Lot 1, on Apple Pie Ridge Road, adjacent to Whitehall Orchard, and is identified with Property Identification Number 22-1-1 in the Stonewall Magisterial District. 7) Variance #08-02 of Paul Cissel, for a 12 -foot rear yard setback variance to allow the addition of a deck. The property is located at 113 Appomattox Drive in Fredericktowne Estates and is identified with Property Identification Number 75J-8-13-245 in the Opequon 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 March 19, 2002. PRESENT: James Larrick, Jr., Chairman, Gainesboro District; Dudley Rinker, Back Creek District; Thomas Malcolm, Red Bud District (also representing Shawnee District); Robert Perry, Stonewall District; and Theresa Catlett, Opequon District STAFF PRESENT: Patrick T. Davenport, Zoning Administrator; Carol Huff, BZA Secretary CALL TO ORDER The meeting was called to order by Chairman Larrick at 3:25 p.m. JANUARY 15, 2002 MINUTES The minutes for the January 15, 2002 meeting were approved by unanimous vote after a motion by Mr. Rinker and a second by Mr. Perry. WITHDRAWAL OF VARIANCE #02-02 The Board acknowledged the receipt of a letter submitted by Mr. Ed Dove of Dove Family Co., LLC, requesting the withdrawal of Variance #02-02 which was tabled at the January 15, 2002 meeting. The Board formally accepted the withdrawal request by unanimous consent. PUBLIC HEARING Variance #03-02, Westside Station, Lot 17, submitted by Harrison & Johnston, for 10 -foot front setback variances on three sides of Lot 17 to enable a buildable lot for the construction of a single-family residence. The property is located at the corner of Colin Drive and Colin Court at Westside Station, Lot 17, and is identified with Property Identification Number 53E-1-2-17 in the Back Creek Magisterial District. ACTION - APPROVED Mr. Davenport presented the background information on the application. Lot 17 at Frederick Co. Board of Zoning Appeals Minutes of March 19, 2002 Minutes Book Page 1138 Westside Station was approved in 1988. This particular lot is unique in that it is encumbered by a three -sided front setback. Additionally, the deed covenants require that a minimum square footage house be constructed and that is not possible under the current setback requirements. Mr. Bill Tisinger, of Harrison & Johnston, stated that the lot is owned by TIBOW and that this variance was necessary to build a house that would meet the restrictive covenant. He pointed out that the Board had a plat which showed the footprint for the house being proposed. Mr. Henri Perreault, adjoining property owner of Lot 18, stated that the property is actually in the Shawnee District, not Back Creek, and that it changed when the redistricting was approved. He was opposed to a two-story house being built on Lot 17 because it is the highest elevation and it would "tower over" the rest of the subdivision. Chairman Larrick reminded all those present that the Board could only approve or disapprove the variance request; not the house design. Mr. Brian Davet, adjoining property owner of Lot 4, wants to see what the house will look like before it is built. He stated that he agreed with Mr. Perreault's comments that a two-story home would not look right on that lot. Mr. Tisinger came back to the podium to point out that in order to meet the restrictive covenant, the house would have to either be a one-story 1,600 s.f. or a two-story 2,000 s.f. building. There were no more public comments. After a brief discussion by the Board members regarding this type of lot not being approved by today's standards, staff confirmed that this type of lot would never be approved under today's standards. Mr. Malcolm made a motion to approve the variance as requested. After a second by Mrs. Catlett, the application was approved by unanimous vote. BE IT RESOLVED, THEREFORE, That Variance 903-02 for Westside Station, Lot 17, was approved as requested for 10 -foot front setback variances on three sides of Lot 17 to enable a buildable lot for the construction of a single-family residence. Variance 904-02, Denver and Cathy Quinnelly, submitted by Greenway Engineering, for a 20 - foot front yard setback variance and a 15 -foot side yard setback variance to allow additions to an existing residential structure. The property is located at 446 Fromans Road and is identified with Property Identification Number 71 -A -32A in the Back Creek Magisterial District. ACTION - APPROVED Mr. Davenport gave the background information on the Quinnelly's request. The property is restricted by topographical conditions and a thru-lane which is considered a right-of-way creating a front setback of 60 feet. These conditions make it necessary to seek a variance in order to construct an addition to the structure. Due to the existing site conditions, Mr. Davenport stated that granting the variance would be justified. Frederick Co. Board of Zoning Appeals Minutes of March 19, 2002 2 Minutes Book Page 1 139 Mr. Mark Smith, of Greenway Engineering, represented Denver and Cathy Quinnelly. Mr. Denver was present to answer any questions. Mr. Smith stated that they had investigated every other possibility to avoid asking for a variance; however, as staff had already explained, the topographical conditions made that impossible. He referred to the photographic attachments to the application which clearly showed the steep cliff and other site conditions. There were no other public comments; therefore, Chairman Larrick closed the public hearing portion of the meeting. DISCUSSION Mrs. Catlett asked Mr. Quinnelly if they had considered building up rather than out. Mr. Quinnelly said that they had considered that option; however, the house was built of log and stone which would not support a second story and they would have to tear the house down and completely rebuild it in order to do that. There was no further discussion on this application. Chairman Larrick called for a motion. Mr. Rinker moved to approve the variance as requested. Mr. Perry made the second and the motion passed by unanimous vote. BE IT RESOLVED, THEREFORE, That Variance #04-02, Denver and Cathy Quinnelly, was approved as requested for a 20 -foot front yard setback variance and a 15 -foot side yard setback variance to allow additions to an existing residential structure. OTHER A brief discussion was held regarding the appointment of two new members to the Board of Zoning Appeals. These appointments by the Frederick County Board of Supervisors were Ms. Lennie Mather for the new Red Bud District; and Mr. Robert Wells as an at -large member,. The new members were present as observers at the meeting, and would take active roles next month after official appointment and swearing in by the Circuit Court. There being no further business at hand, the meeting adjourned at 4:00 p.m. by unanimous vote. Respectfully submitted, James Larrick, Jr., Chairman Carol I. Huff, Secretary Frederick Co. Board of Zoning Appeals Minutes of March 19, 2002 Minutes Book Page 1140 • i • BZA HEARING DATE: April 16, 2002 APPEAL OF DECISION BY THE ZONING ADMINISTRATOR APPLICATION #07-02 KIMERLY G. HENRY (HENRY BUSINESS PARK) LOCATION: The parcels are located on Fort Collier Road between Baker Lane and Huntington Meadows subdivision. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 54-8-41,42,23,24,25&26 PROPERTY ZONING & USE: Zoned: B2 (Business General) and B3 (Industrial Transition) District; Land Use: Business Park ADJOINING PROPERTY ZONING & USE: Zoned: RA (Rural Areas) District Land Use: Agricultural and Residential APPEAL: To appeal the decision of the Zoning Administrator in the administration of the Zoning Ordinance, concerning the zoning district boundary determination along Fort Collier Road. REASON FOR APPEAL: Please see attachments. STAFF COMMENTS: Rezoning application #029-87 submitted by Mr. Kim Henry was approved by the Board of Supervisors on September 9, 1987. The application entailed a request to rezone 27 acres of M-1(Light Industrial) to B-2 (Business General) and B-3 (Industrial General). Exhibit "A" is plat entitled "A Subdivision of a Portion of the Property of J. P. Darlington" dated December 28, 1987. The plat illustrates a proposed "Gordon Drive." According to the staffreport, the applicant's specific rezoning request was to have 19 acres of B2 District located on the southern side of proposed "Gordon Drive" and 6.9 acres of B3 District located on the northern side of "Gordon Drive." Proposed "Gordon Drive" is now named Fort Collier Road. Fort Collier Road was not constructed in the same location as illustrated on "Exhibit "A". The change in location of Fort Collier Road caused Appeal by Mr. Kim Henry Page 2 April 8, 2002 the properties located on the south side of the proposed "Gordon Drive" to have `split zoning.' Exhibit "B" is a map illustrating the current zoning districts, parcel lines, and existing roadways. In January of 2002, staff was requested by Mr. Henry to correct the zoning district boundary to reflect the new location of Fort Collier Road. On February 20, 2002, the Zoning Administrator sent a letter (see copy in agenda) of determination to Mr. Henry which provided a zoning district boundary determination. The determination stated that this rezoning approved by the Board of Supervisors specified the exact amount of acreage (27 acres: 19 acres of B-2 and 6.9 acres of B-3) and that a subsequent relocation of a proposed road intended to provide a zoning district boundary does not allow the zoning district map to be redrawn when or if the proposed road is constructed on an alignment other than what was proposed. The proper venue to correct the zoning district boundary is through an approved rezoning by the Board of Supervisors. Included in the agenda is a copy of an e-mail from Evan Wyatt, Director of Planning and Development, to Larry Ambrogi, County Attorney, which confirms the validity of the issued zoning district boundary determination. STAFF CONCLUSION FOR APRIL 16,2002 -MEETING: Affirmation of the determination of the Zoning Administrator in the interpretation of a zoning district boundary as permitted by § 165-313 of the Frederick County Zoning Ordinance. File: O \Agendas\BZA\Staff Report\APPEALS\Kim Henrympd February 20, 2002 Henry Investments Attention: Mr. Kim Henry 92 Breckinridge Lane Winchester, VA 22601 COUNTY of FREDERICK Department of Planning and Development Certified Mail 1E: Zoning District Boundary Determination Along Fort Collier Road Dear Mr. Henry: 54G/665-5651 FAX: 540/665-6395 The purpose of this letter is to provide you with an official zoning district boundary determination along an area divided by Fort Collier Road in the Henry Business Park. You recently requested this Department to make a zoning district boundary determination within the Henry Business Park from Baker Lane eastward along Fort Collier Road for a distance of approximately 800 feet. Research of the County records indicate that Rezoning Application #029-87 was approved by the Board of Supervisors to establish 19 acres of B2 (Business General) District and 6.9 acres of B3 (Industrial Transitional) District within the Henry Business Park. An exhibit entitled, "A subdivision of a portion of the property of J. P. Darlington," dated, August 3, 1987, identifies a proposed 60 -foot right-of- way which traverses the B2 District and B3 District boundaries. Subsequent to the approval of Rezoning Application #029-87, Fort Collier Road was developed through the Henry Business Park in a location that. is different than the proposed 60 -foot right-of- way identified on the August 3, 1987 exhibit. Therefore, the construction ofFort Collier Road in its current configuration creates a situation in which portions of the B2 District and B3 District within the Henry Business Park are located on each side of the road. Staff presented this issue to the County Attorney for consideration on February 5, 2002. The County Attorney's opinion in this matter is that the relocation of a road right-of-way does not change the location of a previously -approved zoning district. line. The Board of Supervisors approved a specific amount of acreage within the Henry Business Park to B2 District and B3 District; therefore, that approval is the controlling factor, not where the location of a future right -of way was ultimately constructed. The determination of this Department is consistent with the legal opinion issued by the County Attorney. The mechanism to have the B2 District and B3 District parcels located on specific sides of Fort Collier Road is to submit a Rezoning Application to Frederick County for consideration by the Board of Supervisors. Page 2 Mr. Kim Henry, Henry Investments Re: Zoning District Boundary Determination Fehrr...ary 20, 2002 You have the right to appeal this determination 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 XXi, Section 165-155A,. of the Frederick County Zoning. Ordinance. This provision 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. If you have any questions regarding this letter, please feel free to tali. Sincerely, Patrick T. Davenport Zoning Administrator PTD(kac cc: Lawrence R. Ambrogi, County Attorney Lynda J. Tyler, Stonewall District Supervisor Charles DeHaven, Jr., Stonewall District Commissioner John Light, Stonewall District Commissioner U_1PatricklComnnonlZoning DetmuinationMenry Bus Park split zone detupd Legal Opinion Subject: Legal Opinion Date: Tue, 12 Feb 2002 16:20:50 -0500 From: Evan A Wyatt <ewyatt@co.frederick.va.us> To: Larry Ambrogi <lambrogi@co.frederick.va.us> CC: Marcus Lemasters <mlemaste@co.frederick.va.us>, Eric Lawrence <elawrenc@co.frederick.va.us>, Patrick Davenport <pdavenpo@co.frederick.va.us>, Renee' Arlotta <rarlotta@co.frederick.va.us> 2/12/02 Hi Larry, I appreciate your consideration of our department's inquiry regarding Mr. Kim Henry's business park and zoning districts. Specifically, the issue involved a Board of Supervisor approval to rezone Mr. Henry's land to establish B2 District and B3 District land. A proposed road, identified as Gordon Drive, was to be the centerline for the zoning district line between the B2 District and the B3 District. Following that approval, Mr. Henry began development of this business park and constructed Fort Collier Road (the former Gordon Drive) at a different location, thus relocating the proposed zoning district line between the B2 District and the B3 District. Mr. Henry's position is that the zoning district line shifted with the relocated road, while the Planning Department's position is that the relocation of the road did not change the zoning district line; and in fact, created a situation in which both the B2 District and the 33 District is now located on each side of Fort Collier Road. Your legal opinion concurred with the Planning Department's determination, in that the Board of Supervisors approves a specific amount of acreage to a specific zoning district for the B2 District and the B3 District. Therefore, future improvements to the subject property, as well as boundary line adjustments between established lots do not alter the amount of land that was zoned by the Board of Supervisors. Furthermore, your legal opinion was that if Mr. Henry desired to utilize Fort Collier Road as the zoning district line between the B2 District and the B3 District within his business park, a rezoning application would need to be submitted to Frederick County to accomplish this matter. The Zoning Administrator will provide Mr. Henry with a determination letter which addresses this matter based on you legal opinion. our department will copy you on this letter for your files. Thank you for your attention to this matter. Sincerely, Evan 1 of 1 2/13/2002 2:10 PM APPLICATION FOR APPEAL JF7i EC EJ VE ED IN THE COUNTY OF FREDERICK, VIRGINIA 11'yR 2 2 2002 -OFFICE USE ONLY - Appeal Application # % ,Submittal Date 3 - 7 - (? Fee Paid (/ yes initials: IC. owl E Submittal Deadline 7 (} For the meeting of 4--, (,1— c ?, 1. The applicant is the owner x other • (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: Kim Henry NAME: ADDRESS921 Breckinridge Lane ADDRESS: Winchester Va TELEPHONE: 540-678-2870 TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): On Fort Collier Road between Baker Lane and Huntington Meadows subdivision 4. Magisterial District: stonewall 5. 14 -Digit Property Identification No.: 54-8-41,42,23,24,25,26 AGREEMENT R APPEAL # 7 7 OZ I (we), the undersigned, do hereby respectfully petition the Frederick County Board of Zoning Appeals (BZA) to overrule the administrative interpretation of 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. SIGNATURE OF APPL �''' DATE March 19, 2002 SIGNATURE OF OWNER (if other than applicant) -OFFICE USE ONLY - BZA PUBLIC HEARING OF "/C— 0 ACTION: - DATE - APPEAL OVERRULED DATE APPEAL SUSTAINED SIGNED: BZA CHAIRMAN DATE: File., KAWPTNIMAPPLICAnAPPEAL Rev. 1197 5. The existing zoning of the property is: B2 & B3 7. The existing use of the property is: vacant S. Adjoining Property: North East South West USE Trucking Housing Commercial Housing U RP B2 RP ZONING 9. Describe the decision being appealed. (Attach a copy of the written decision.) The decision was to not allow the planning department to administratively correct an/oversight from a previous planning administration. 10. Describe the basis of the appeal, indicating your reason(s) for disagreeing with the decision. (This may be provided on separate sheet.) I will first lay a chronological foundation of the events leading up to this appeal. Exhibit 1 shows the configuration of the parcel when I purchased it in 1987. The zoning was B-3 for the 4.8813 parcel three & B-2 for the 27.2755 Parcel One. After working with the Planning Dept, Highway Dept, and the developers of Huntington Meadows the (Exhibit 2) road configuration was determined by everyone the best solution. At that time I donated the additional land needed to accommodate the new road configuration. I approached the planning dept about the split parcel zoning and they agreed that it made the most sense to contour the B-3 zoning to the middle of the new road on the north side and the same with the B-2 on the south. After receiving Exhibit 3 it was my understanding that the map was changed. Please remember that the only map change from 1988 to today was the reconfiguration of fort Collier road. 1 L Additional comments, if any: The main reason for this appeal is try to expedite the correction to this oblivious mistake. Pm sure that everyone would agree that the zoning that makes the most sense is the B-3 on the north side and the B-2 on the south. A positive appeal will prevent more time, effort, and cost by both Parties to correct a simple oversight. RECEIVED LIAR 2 2 2002 %EPT, OF PONNINGJDEVELOPMENT pap3aM 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 notifed by mail of this application, NAMEA's Photo Copy Address -788 Baker Lane, Winchester, Va 22603 Property ID# 54-8-43 NAMEKim Henry Address 921 Breckinridge Lane Winchester Va 22601 Property ID# 54-8-43 NA ,IEKim Henry Property IN 54-8-19,20 Address921 Breckinridge Lane Winchester Va 22601 NAMEKim Henry Address921 Breckinridge Lane Winchester Va 22601 - Property ID# 54-8-27,28,29 NatneKim Henry Address921 Breckinridge Lane Winchester Va 22601 Property ID# 54-8-32 NANIEKim Henry AddreSS921 Breckinridge Lane Winchester Va 22601 Property ID# 54-8-35,36,37,38,39,40 NA 4ETJC Enterprise LLC Address 119 Atoka Drive, Winchester 22602 Property ID# 54L -1-1-53A NA /IF_Huntington Meadows Address 19 West Boscawn Street, Winchester, Va 22601 Property ID# 54-8-80 NAME Property ID# NAME Property ID# Address Address 02 M. W11 Exhibit "A" PARCEL ONE 27.2755 ACRES S 59 44'26"E 165.101 -- : KTEN t D L 2Y 1.83.73' al° 1 j�� '`9) ---'. �� V4 �. S 580 02` 5"i't EOi��C� 52' L'l-� ��- _ F A- l�s S 58° 02' 57" E �_' �,3g3 �u, }C�1 ' f ( 183.73, I PARCEL THIEL' ( 4..8813 ACRES ?0, M0NOFLO �( r�jtl'9 ep u - TOTAL ARL�A =33.6615 ACRES 1 c portion of that same property shgwn ori Frederick County Tax Assessment Map No. 54 - ((A)) - Parcel 97. 3. No Title Report Furnished. 4. This survey is subject to all easements and rights of way of record, whether shown or riot shown. A SUBDIVISION OF A POR'T'ION OF THE PROPERTY OF J. P. DAIS L I N G--' I-' ONT STONEWALI. DISTRICT I' it T'I)I'RICK COUN'T'Y, VIRGINIA SCALI3:.1"=200' D1 CEN11.3tilt 28, 1987 RVI'CIIIE SURVEYS STEI'IIhiIS CITY, VIRGINIA Sheet 2 Of . NOTES c.��,;y ��I` oG }�l. The properly shown on this QTat is a 3,. 3 �' S` 1." `•, "' portion of that sarr:eproperty conveyed to J. P. Da!lington at Po..32. The property st;o;Arn on this Qlat is a ?0, M0NOFLO �( r�jtl'9 ep u - TOTAL ARL�A =33.6615 ACRES 1 c portion of that same property shgwn ori Frederick County Tax Assessment Map No. 54 - ((A)) - Parcel 97. 3. No Title Report Furnished. 4. This survey is subject to all easements and rights of way of record, whether shown or riot shown. A SUBDIVISION OF A POR'T'ION OF THE PROPERTY OF J. P. DAIS L I N G--' I-' ONT STONEWALI. DISTRICT I' it T'I)I'RICK COUN'T'Y, VIRGINIA SCALI3:.1"=200' D1 CEN11.3tilt 28, 1987 RVI'CIIIE SURVEYS STEI'IIhiIS CITY, VIRGINIA Sheet 2 Of . 1 LOT ,* LQT 2 1 ! tor 3 LOT 4 LOT 5 ! NLOT,6 SAA -ER LANE Fj To Date Stephen M. Gyurisin March 22, 2002 Frederick County Planning Department 107 Kent Street Winchester, Virginia 22601 RE: Zoning at Baker Lane and Fort Collier Road - 1988 Dear Board of Zoning Appeals Chairman, Mr. Henry has approached me regarding the referenced zoning issue. First, 1 would like to confirm that it is my handwriting on the memo from Frederick County Planning that is attached to the map that provided to me by Mr. Henry. My reconciliation of the events in 1988 is not 100% clear (after all it is 14+ years ago), but after reviewing my note l do remember the following: I. Mr. Henry worked with me as Deputy Director of Planning with Frederick County to produce a road configuration that clearly benefited the County. Baker Lane and Fort Collier Road were realigned and constructed to the current configuration. 2. That the zoning map issue did arise and it was the intention of the County to maintain the existing zoning district categories. Having B-3 industrial transition follow the road on the north side of Fort Collier Road and keep the RP residential on the West Side of Baker Lane. 3. Also it appears that 1 requested the map correction which should have been done in conjunction with the road alignment, but the current zoning map apparently does not reflect the changes. Best Regards, JA*yun tephen BZA REVIEW DATE: April 16, 2002 VARIANCE #05-02 FORT BRADDOCK HEIGHTS, SECTION 2 - LOT 28 LOCATION: The property is located off of Fox Drive in Section 2 of the Fort Braddock Heights subdivision, Lot 28, adjacent to the City of Winchester corporate limits. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 53D-4-2-28 PROPERTY ZONING & USE: Zoned RP (Residential Performance) District; Land use - Unimproved Residential ADJOINING PROPERTY ZONING & USE: Zoned RP (Residential Performance) District and City of Winchester; Uses: Residential and Unimproved Residential VARIANCE: 18 -foot front yard setback variance to create a buildable lot for the construction of a single-family residence. REASON FOR VARIANCE: Exceptional narrowness of lot. (See #'s 12 and 13 of Page 2 in the application.) STAFF COMMENTS: Lot 28 of Fort Braddock Heights, containing approximately 13,261 square feet, was approved by the Subdivision Administrator on March 15, 1990. The Residential Performance (RP) setbacks for a dwelling on the subject corner lot are: 35' fronton two sides, 25' rear and 10' on the right side. Exhibit "A" is a copy ofthe original plat. The applicant is requesting an 18' front yard variance for the southern front side setback to enable a proposed dwelling. Exhibit "B" illustrates the proposed dwelling to be situated within the setbacks requested by the variance. Variance #, 05-02, Fort Braddock Heights - Lot 28 Page 2 March 27, 2002 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. Strict application of the zoning ordinance in this case does not produce an undue hardship approaching confiscation because a dwelling with a side dimension of approximately 2T could be constructed on the lot within the existing setbacks. However, as indicated in the application, the applicant expresses the need for the house to face Mummert Circle instead of Fort Braddock Court. This would allow for the house to face the same direction as the existing houses along Mummert Circle, providing for a harmonious development. The subject lot has a fairly narrow width and when applied in conjunction with two front setbacks, the lot is not able to be improved to the owner's desire. Since the criteria specified in § 15.2-2309(2) are not fully met, denial of this variance would be justified. 0:\Agendas\BZA\Staf(Report\2002\Fort Braddock Heights.wpd 53 2 Al SOLENBERGER 53D 4 2 27 JENI COMPANY O _ ��,,,� ��. �'1/j� 53D 4�28 chis, JENI COMPANY 53D 4 2 21 TRANT FF v 53D 4 2 20 SITES INVESTMENTS Ct VAR #05-02 Location Map For: Fort Braddock Heights Section 2 - Lot 28 PIN: 53D-4-2-28 �:}i p H W H H O O H y Vicinity Map U H E H 0 S (cn/C l"• t,G�00) H 3 K o H E-1 x H a a °a d z H v a H H N z H H z H O Area Tdbu/o l%on w H P' O H H H En H U) H O dz W a] En Z � p H W H H O H w z Vicinity Map U O Ha 0 S (cn/C l"• t,G�00) H 3 a W z H v U O H 9 W H z H D Area Tdbu/o l%on w H w4 L&5 Z4.7,30-9 yl a- 5(07744 Ac Street Dedication 41,6,7&1 or- o-95�7&Ac. Parcel A " (open 6pf7ce) &4,67-.51 0/' 1.4607Ac. Total Area a- 8.1,-347 Ac Nofee ; /) /VoT"f/e .-epor•f Furn1-3hed. f) The 1-7-oper-1y ny ThrJ A3 Cocofed 0� Caunfy Tor MOZO *5!n-011 /o�ceA5 &7414o7C -1) oUjner- : Edtuar-d W. OoVC f Ciir1,5tion J. Ke -t --e 11550 kb/ darn f!: //e Poo o' Jul/e '750 �uirfpr, VirAinio 2tow oer7oAre b -on P.fx mound. Fi�no/ P/c/ For -1 ,fir-oddock Heigh fs Section 2_ Frederick County, Virginia SCO/e=/ =50 Dote c/uly ZZ ,119f6 Exhibit "A" CM nu�Fond 76 -pS C) Too bo7�- 2: 74.E�-700 .56�rr 10,&501 --'Oi_' L 7�7/00s 17 6 tll--/ A1 -71'45'4Z -W /6,97,0, "0 73--4' 14, 63r^ e�-�J A171-45'42"pV I'D 7 61D, /7 07/-,4 14, 0071 b 1) Q N'7/ 45'42.'W fo /0100/ W /j, e& lux /53e5- % 7 5t.9 /V —71 '45 "4e7T- 60 -3- ort Braddock Heights �Ction 2 ,ve & Associates �Ster. Va. ,Q LOT 27 v N�j 4542 4V \ RR`\ \ y _ \ LOT 28 m - �- 13,261 SQ. FT. \E,�-jsn h� N H�R£BY t4C4 pROpoli i>.B \ l Exhibit "B" icL I 0 3 / O V JZ0• "0� 0 1 J g 00 J R�25.�6 � �3g• COURT Crry of LOT 7 cHES�R SECRON I / CORP �M • L_j\ R'`1DDOc/f 50' ' RADIUS N NOTES: 1. NO TITLE REPORT FURNISHED. 2 EASEMENTS MAY EXIST THAT ARE NOT SHOWN ON THIS PLA T. 3. FINAL PLAT OF SUBDIVISION 1S RECORDED IN DEED BOOK 741 AT PAGE 396. GRAPHIC 30 15 0 30 I INCH = 30 FEET MINIM FRONT = 35'MUMMERT CIRCLE) FRONT = 17' f FORT BRADDOCK COURT) SIDE = 10' REAR = 25' PLAT SHOWING 18' WAIVER OF FRONT BUILDING RESTRICTION UNE (ALONG FORT BR ODOCK COURT) ON LOT 28 FORT BRADDOCK HEIGHTS — SECTION 2 &VNESHORO M4G/SERAL D157RICT FREDERICK COUNTY, WGIN14 DATE.- 12 MARCH 2002 1 SCALE- 1-=50' I SHEET 1 OF 1 Marsh & Legge Land Surveyors, P.L.0 IQ 5560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 - office®marshaadlegge.com Tx of G� r L7ggia�g G No. 0011 7 , t9N� SURQ��4 Fj DRAWN BY: HH DWG NAME: IDJ893P2 FORS- eRADOOC �S3,3g� k CURT Scale . I �D � /Z,Oz 38`T3 Page I of 5 APPLICATION FOR VARIAiNCE IN THE COUNTY OF FREDERICK, VIRGINIA M ;� 2 2 200 ') PT, QF PLANMIMG!PPIF! GPME;1i 1. The applicant is the owner other ./ (Check one) 2. APPLICANT: p OCCUPANT: (if different) NAME: NAME: ADDRESS /(,q (� f^�2YV1 G uw /� Q. S. C-kADDRESS : 1,,4/t"1- -}--t--- I/a Z Z (ac-, ?- TELEPHONE: (& Y - 2-V 0 TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): fl j- 4. The property has a road frontage of z.4 t, . I s feet and a depth of__ f1- +T feet and consists of 13:7tvi yes. (please be exec ) 5j� 5. The property is owned by C , _ as evidenced by deed from recorded (previous owner) in deed book no.on page i�(j 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: S�Itau .��l;t�� i 5_3D ` `1-3 " of 7. 14 -Digit Property Identification No.: -,3 D 8. The existing zoning of the. property is:s;t;;� 9. The existing use of the property is:f 10. Adjoining Property: 3L�E North �,r y�-c e-+ i P East South 5; t�i�}�� ..�s; West _ S/ c._ �[.1 RP Zcc�C- ''�_. WI � ; t.�r�+� K-9 ` ,•i -, .. r 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.") 12. List specific reason(s) terms of: why the variance is being sought in - 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 j Gr-Z,l�� 1 S /i.tY1 .P'_L Com' �iJ,�.^.% �) �-(�vJ L+1r �� S �+ �1�/ � Q�1 cJ.✓'irJ�� 1, u 2N 0'.1 /LO 2'T moi, 1,'A A se- 13. Additional comments, if any �4f/1 e e f-o.� CLi r' �I v. [ a r ✓ j %7 u ✓ 2 C�sc �� z 6L c c S �-- page a 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 it/ > �-e Address Property ID# Address / 5 /:c,t:7- S,o e.z-- (I -- Property i - Property ID# NAME d -- Address J b (a S Property ID# NAME �j �; .lee. %.�,, yi �- Address Property ID# 3 1) - q' z" z f NAME % `,; L=c • Address L%4c4-0- Property ID# 6-5 b ' 2 -.7-1 Address ID -7- I- � VA --e .,q-" T Property M# _ 55 D 2 NAME Property ID# 53 1) - Y ` Z - 5 - Address NAME - Address, Property ID# NAME Property ID# NAME Property ID# Address Address Page 4 of 5 15. Provide a sketch of the property (you may use this page). Show proposed and/or existing structures on the property, including measurements to all property lines and to the nearest structure(s) on adjoining properties. Please include any other exhibits, drawings or photographs with this application. Page 5 of 5 AGREEMENT VARIANCE # 0/1-5-0.- 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 3 - r $ - a -2-- SIGNATURE OF OWNER DATE (if other than applicant) y� I .GGv e -OFFICE USE ONLY- BZA PUBLIC HEARING OF I C` 0 _ ACTION: - DATE - APPROVAL SIGNED: BZA CHAIRMAN DENIAL DATE: BZA REVIEW DATE: April 16, 2002 VARIANCE #06-02 WILLIAM AND CAROL ROBERTS LOCATION: The property is located in Ravenwood Estates, Lot 1, on Apple Pie Ridge Road, adjacent to Whitehall Orchard. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 22-1-1 PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Vacant ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Uses: Residential and Orchard. VARIANCE: 100 -foot side yard setback variance to create a buildable lot for the construction of a single-family residence less than 200 feet from a working orchard. REASON FOR VARIANCE: Exceptional narrowness of lot and adjoining use (See also the attached letter from the applicants.) STAFF COMMENTS: Lot 1 of "Ravenwood Estates" was legally recorded in January 1971 as indicated on Exhibit "A". The lot has remained vacant since and on February 28, 2002, the owner applied for a building permit for a single-family dwelling. The zoning review for the building permit performed by staff revealed that the adjoining use is an orchard. Chapter 165 -5 5A(2) of the Zoning Ordinance specifies the setbacks as 200' for a principle use or structure when the adjoining use is an orchard. This requirement was established as an amendment to the Zoning Ordinance on August 9,1993. The setbacks for the subject property are: 60' front, 50' on the northern side and 50' on the rear side as illustrated on a proposed house location sketch prepared by Marsh and Legge Land Surveyors labeled Exhibit "B". This exhibit is incorrectly categorized as a "plat." Exhibit `B" further illustrates a small buildable area within the existing setbacks. However, this area is being used as the drainfield; therefore, the dwelling cannot be situated in that location. The proposed detached garage would not have to be situated within the proposed 100' setback. The setbacks for the illustrated detached accessory structure are 60' for the Variance #,'-06-02, Ravenwood Estates - Lot 1 Page 2 April 8, 2002 front and 15' on the sides and rear as specified in §165-55A(1) and §165-55D. The subject property contains an area of mature deciduous trees situated between the proposed dwelling and the orchard. This area may provide a reasonable buffer between the proposed dwelling and the orchard. 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 properly, and that the character of the district will not be changed by the granting of the variance. Other properties throughout the zoning district have the same setback requirements; however, in this instance, strict application of the ordinance produces an undue hardship approaching confiscation as a potential "regulatory taking." Given the circumstances of the existing conditions, the granting of this variance as submitted would be appropriate. O.Wgendas\BZA\Staff Report\2002\Wm & Carol Roberts.wpd VAR #06-02 Location Map For: William & Carol Roberts PIN: JT -' 22-1-1 ti�- T I-- i _J !.l_ Page I of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA MUST BEMBER OR MLLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner other (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME : VO l% �Y_ J,� o I A .oLrSNAME : ADDRESS 1 ranswl &*. ADDRESS: ��erlina VA Aoib4 TELEPHONE: 703 4 3 0 - 6 L TZ TELEPHONE 3. The property is located at (give exact directions and include State Route numbers): Lott 1 o 9 A 1 P' 15 4. The property has a road frontage of 8'75.'5-o feet and a depth of 9So. g, 1-7 feet and consists of 5. If 3,1-5- acres. (please be exact 5. The property is owned by , W i I/ i 0GM � . a-nCl ea.ro I A. K, b,? r i 6 as evidenced by deed from Tsci:�c. (_ `[1lif rnif.Y L.?J6rr»dnrecorded IAISTRuln&NT-# G1 poi 2 35-5 (pre-riou owner) in deadr--b no. on page -j9j4f-- 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: Y1eU)rL 7. 14 -Digit Property Identification No.: -! - 8. The existing zoning of the property is: RA 9. The existing use of the property is: Y a_M-L+ 10. Adjoining Property: USE ZONING North Pe lai East '47-we,t r i .L�. f = I South West •,I 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.") Ayar i a�n a e. of /00 7�-t- 4o ena_b) e a- d w/ &I i i nQ O_d,J'ctCe_a -f -f-o O -n d re"h Q r -1. 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 Sem 2tt7Ou h ecl 13. Additional comments, if any .� CL O_,O_h ed Me3d5 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_& I en n i-4 r ck m a n Property IN ! " NAME G a r ru So- f e - Property ID# NAME &eYl e.. 'Do o c 4 Property ID# - E2 NAMEi L a l f Property ID# -� S NAME Property ID# NAME Property ID# NAME Property ID# NAME Property ID# NAME Property ID# NAME Property ID# Address_ o le Pie )& (0, 6 R,�A . )/Vi cher-f-er , ✓Fr A a 603 Address 3512, AQ41L Pi ',O ki,ove-- eel . M oLhesfer . VA Q e 03 Address Ur e, I�r d a Q )Qd'. 03 �6B Address Aq &x/ v4 .22 DI Address Address Address Address Address Address Page 5 of 5 AGREEMENT VARIANCE # 06�()2 I (we), the undersigned, do hereby respec"y 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 r 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 3-.21- o.V— SIGNATURE OF OWNER �1 Q ,G�c°iLo DATE - / - 00 Z (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF -IC 02 ACTION: - DATE - APPROVAL SIGNED: DENIAL DATE: ATTACM4ENT TO FORM, "APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA," SUBMITTED BY WILLIAM E. AND CAROL A. ROBERTS 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 or property, or — the use or development of property immediately adjacent thereto. 5o�' °re, .rcl -rhe. adjaaen-f- 0-d' 'rOln1hW+��n (�15 10 • �hZ 6,rea., The :5 mat 1 b�tIll4ble. area ;n "e pf-on~!~ v� oaf- I 13. Additional comments, if any. b¢; hc6 tcsed GLS 4Ae d-t`a�n�twtfd , When the lot was originally purchased by Isaac G. and Virginia L. Norman, it was part of a planned subdivision (Ravenwood Estates), and there were no county zoning restrictions limiting the distance the house was built from an orchard. Please note that the property remains part of this subdivision at this time. There were covenants made by the subdivision which restricted the size of a house to be built, the distance the front of the house had to be located from the road, and the distance from the sides of the house to be property lines. As noted on the attached drawing, the lot is somewhat pie -shaped, with the widest part located in the front adjacent to Apple Pie Ridge Road. Up until the time they gave the property to us, it has been taxed by the county as "residential" property. The property was given to us as a gift, in anticipation of us relocating here to be close to them. With all of this in mind, we determined the location of the house we want to build, staked the house location out on the property, and considered where we wanted to locate the septic tank and field. After doing this, we applied to Frederick County for permits for the well and septic system. These permits were issued to us. However, the county said that the location we had decided on for the septic system had to be moved to the middle of the front part of our lot. We did this and had the system put in. In following these instructions, there is no alternate location for the house to be constructed due to the restrictions of the subdivision covenants in relation to the county restrictions. At this time, we have our septic system in place, a county -issued permit to build a garage, a county -issued permit to put in a well, our driveway is in place up to Apple Pie Ridge Road, and we have received a Virginia Department of Transportation private entrance permit. A down payment was also made on our planned house after receiving the permits for the septic system and well. On March 19, we were contacted by Mr. Solenberger, the owner of Whitehall Orchards_ He told us he was not opposed to this variance and would have no problem with us building our house at this location. Mr. Solenberger said he had also contacted the county and told them the same. Exhibit "A" ?nPa ��2 L1it 1 598 6ff / '�`. Ply, •. W.�.. •• o J/ 8 VJ�. 1, O • / � � a din �E' s, Q sO`' S Deo lr, N1 v ,ale -Irl 1 B•]. • •• B•. d7 • �l He •r. 1s 1875.Py. "--441.1y. �B°�a• .oc• yw• 7. .r[ sa..a. i• 1w. RA d E H 17 0 0 D E S T A T E S R.r .vr • •s•n .r n.uaw •. • .•.nr ... •r •...••.• r. �. ►. Bu.rr... •.. •n• ••••• .a•wm 2y. a9[9 r.r 7.+ Bs• lou nmo• .. 0•o B•.. )sa. ••u 287.••. rn .u•.o •. r.a [u•• .. C.u. u r.nwa• c•wr., vuu•u. au uo l..• .••.• w ..•• • M �..nr.. .. lr... u.l .......... B....... M r.nn.c. G.... •r ..r •M •.•..• •. S•1... A... Ir a• ...•• wu• u•owo n • .....• .....u• r. eau •... Br. .•u Row w D•.. B•« 15. ••u 557. 6 hr•... 27. 1%9. V.A3[NaA I3-Dmac cou.iPY, SCT. T is instras:czA 001iting was produce3 to me on the �u.y of t�ttta�c _. 19_ �, at 3 "an asd wail ' tE,f ac:c:]rt �.AO]t thorato Anna C91 was ud.al h J`to I_ ;o::l. Tx: _i.-3 _,-L Jf :73c. J.�i•J'i.l of. g+' -:::ova been p i3, if asosable. Clerk. Exhibit "A" #81 J. P. DARLINGTON, ET UX TO: DEED ?iENRY V. MOESLEIN, ET UX "C'' 372 )i 3 Cy� moi.✓ J i THIS DEED, made and dated this 1'L day of January, 1971, by and between J. P. Darlington and Ruby S. Darlington, hist wife, of the one part, hereinafter called the Grantors, and Henry V. Mooslain and Helen M. Moeslein, his wife, of the other part, hereinafter called the Grantees. WIT14ESSETH: That for and in consideration of the sum of Ten Dollars ($10.,00), and other good and valuable considera- tion, receipt whereof is hereby acknowledged, the Grantors do hereby grant and convey with general warranty and English cove- nants of title, unto the Grantees, jointly, and as tenants by the entirety, with the right of survivorship, as at common law, all those certain lots or parcels, together with all rights, rights of way and appurtenances thereto belonging, lying mid being situate.in Gainesboro Magisterial District, Frederick I County, Virginia, on Virginia State Highway No. 739, and desig- nated as Lots No. 1 and No. 2 on the plat of "Ravenwood Estates",j a copy of which subdivision is attached hereto and is a part hereof, to which reference is made'for a more particular descrip- tion, being a portion of the realty conveyed to the Grantors by Deed of John Bruce Lodge, et ux, of record in the Clerk's Office I of the Circuit Court of Frederick County, Virginia, in Deed Book 350, page 283. This conveyance is made, however, subject to all j rights of way, easement, and/or conditions of record, if any, affecting the aforesaid realty. The lots or tracts of land in Ravenwood Estates Sub- VA. SEC. ROUTE 739 APPLE PIE RIDGE ROAD N3331'45 E 375.50' 60' OR L LOT 1 5.4325 ACRES �� I \ 107' No PROPOSED\ I WELL � 1 �\ PROPOS®\ h PIN 22-A-58 WHI7E HALL ORCHARD DB 575 - P 660 ZONED_ RA USE. ORCHARD NOTES: 1. NO 7777 E REPORT FURNISHED. Z PROPERTY IDEN77nCA77ON NO. 22-1-1. 3 EASEMENTS MAY EXIST THAT ARE NOT S14OWN ON THIS PLAT. 4. BOUNDARY INFORMA71ON SHOWN HEREON IS TAKEN FROM PUBLIC RECORDS NO FIELD SURVEY IS IMPLIED. PLAT SHOWING \WELLING\ I,- � y PROPOSED \GARACE I C o\ �o o\ 0 �\ I \ \ I \\I U LOT 1 RA VENWO0D ES TA TES DEED BOOK 372 - PAGE 598 STONLYI&L MAG1S7ZRML DISTRICT fREDr9?L'-K COUNTY, V.7RGONW Exhibit "S" PIN 22-1-2 GARRY D. SALE DB 849 - P 490 ZONED. RA USE- RESIDENTIAL PIN 22-1-12 GLENN D. & ZAN MARIA HICKMAN DB 946 - P 437 ZONED. RA USE RESIDENTIAL 150 75 0 150 1 INCH = 150 FEET GRAPHIC SCALE DATE-.- 19 MARCH 2002 SCALE.- 7--150' 1 SHEET 1 OF 1 Marsh & Legge. Land Surveyors, P.L.C. 560 NORTH LOUDOUN STRx,ET - WINCHE ER, VIRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-4)469 - office®marshandlegge.com 0 Douglas C. Legge No. 001197 r�A'D Si3RVE� DRAWN BY: HH DWG NAME: 1D3946 BZA REVIEW DATE: April 16, 2002 VARIANCE #08-02 PAUL D. CISSEL LOCATION: The property is located at 113 Appomattox Drive in Fredericktowne Estates. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 75J-8-13-245 PROPERTY ZONING & USE: Zoned RP (Residential Performance) District; Land use - Residential ADJOINING PROPERTY ZONING & USE: Zoned RP (Residential Performance) District; Uses: Residential. VARIANCE: 12 -foot rear yard setback variance to build a deck. REASON FOR VARIANCE: Shallowness of lot and large areas of drainage easement (see #'s 12 and 13 on Page 2 of the application. STAFF COMMENTS: The property owner/applicant is proposing an attached deck to the rear of the existing dwelling. The proposed addition will extend from the house approximately 12' toward the rear property line. The Residential Performance (RP) Zoning District specifies the setback requirements for lots created within this subdivision as being: 35' front, 25' rear, and 10' for the sides. According to a plat submitted by the applicant, the existing dwelling is situated approximately 1.3 feet from the rear setback. All the properties adjoining the subject property contain existing dwellings. The applicant is requesting a 12' rear yard variance to enable the proposed construction. Variance 1408-02, Paul D. Cissel Page 2 March 27, 2002 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. The undue hardship provision is not satisfied because the inability to construct a porch to an existing home does not constitute an undue hardship approaching confiscation. The second requirement is also not met because all lots within this subdivision must comply with the applicable RP Zoning District setbacks. Since two of the criteria outlined under Virginia Code §15.2-2309(2) have not been met, denial of this variance would be justified. 0: Agendas\BZA\Staff Report\2002\Paul Cissel.wpd VAR #08-02 Location Map For: Paul D. Cissel PIN: 75J - 8 -13 - 245 ._,_ Page 1 of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA MUST BE TYPED OR FILLED OUT IN INS a PLEASE PRINT 1. The applicant is the owner other (Check one) 2. APPLICANT: NAME: /2 (2,SS ADDRESS TELEPHONE: s`�D�&0q-3cf�;jo OCCUPANT: (if different) NAME: ADDRESS: TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): .ro i'►2W ! G' B as � WC-. j e, c( r 11 ��o maw k r s 3r dZc r� 4. The property has a road frontage of , e'lam feet and a depth of feet and consists of acres. (please be exact) 5. The property is owned by' 'a, 4 I1� r c� t Ito �- Z 'l 5!5?- 1 as evidenced by deed from 5" -r ( se 5 recorded (previous owner) in deed book no. t,/ on page /Sq 5 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: f 7. 14 -Digit Property Identification No.: The existing zoning of the .property r8. is: �r s r c��- ,� fG D 9. The existing use of the property is: 10. Adjoining Property: USE ZONING North 1e s t 'l..,. { East 5l 4"- South C41,14-,-( West c s� _J4, t, j 7 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.") garage.") '1 /�f l o� �yy f 2 �� fir,✓ (% C �� 2 n� 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 �. �' Stern y► �� "nosl4 611 '- r, -r,2 s J/erre 13. �tio�fi�a3�com�"�isf� an Y r �� V ,...: ✓ / � i.'' / ^ L" 1 C if e is e f U '7 /0 t c C c . J f t ate' i1 y' (`G r r1 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 JA—, �' 4mrad. L Address Property ID# i° Address t 4NAME ID# Property ' NAME .lJ ,A rn l[� Cz; }1 F Address 111 rp, ' . � j rn IX // / 71 Y Property ID# NAME C iL f i S ?j z�, c k Address Property M# 1 NAME h � / _ r� � Address Property ID# 3C SS NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# Page 5 of 5 AGREEMENT VARIANCE # 0 — OZ I (we), the undersigned, do hereby respectfully make application, and petition the Frederick County Board of Zoning Appeals (BZA) to grant a variance to the terms of the Frederick County Zoning Ordinance as described herein. I agree to comply with any conditions for the variance required by, the BZA. I authorize the members of the BZA and Frederick County officials to go upon the property for site inspection purposes. I understand that the sign issued to me when this application is submitted must be placed at the front property line- at. least seven (7) days prior to the BZA public hearing and maintained so as to be visible from the road or right-of-way until the hearing. I hereby certify that all of the statements and information contained herein are, to the best of my knowledge, true. SIGNATURE OF APPLICANT ` DATE SIGNATURE OF OWNER (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF 1-1,6-02— _ ACTION: - DATE - APPROVAL SIGNED: DENIAL DATE: DATE BZA CHAIRMAN Plat Pap Pae *131 3oirower/Client Cissell 'roPerN Address 113 Appomattox Drive My Stevens City County Frederick State VA Zoo Code 22655 .ender East West Mortgage / 0 3 - � q ,° a,K � e, D 1 LOT 24- B X59 12 318 I 20' DRAINAGE EASEMENT — -----� 5 21'58'24p E 78.52' IRF IRF ED ON LOT UNE CAB1 L— — — — — — — — — — — PED . 1 26.3' f f1 Y 8RL ' 31.5j I !r BAY 3S'1 1 ��pp o iWINDOW TWO STORY r j �L�- �1 OWE 1m DI �; �� M i33 1 o c) SECT,ON' 12 m fl, 11.5 PORCH � r' � 1 0 LOT 246 10 ^+ 5 1- Dl 1 rw1 I z 1 1n' 15.0"N 1OJ15 5@ b 20.2 1 1 35' BRL 1 1 z 1 1 ASPHALT DRIVEWAY v _ M 1RFif3 Tb p � �• COURT IRF 'Y. Z75DI7 L�� SW 'AjpTON CHH) APPOMATfOX MME — 50' RJW NOTES: 1. NO TITLE REPORT FURNISHED. Z PROPERTY IDENTIFICATION NO, 75J-8-13-245- 3. EASEMENTS MAY EXIST THAT ARE NOT SHOWN ON THIS PLAT. 4. IRF — IRON ROD FOUND BRL — BUILDING RESTRICTION LINE 5. DEED OF DEDICATION IS RECORDED IN DEED BOOK 859 AT PAGE 310. 6. THIS LOT IS SUBJECT TO A 20' SLOPE & DRAINAGE EASEMENT ALONG APPOMATTOX DRIVE AND A 10' UTILITY do DRAINAGE EASEMENT ALONG ALL PROPERTY LINES. FLOOD NOTE.• ZONE. C COMMUNITY NO.: 510063 PANEL: 0200 6 DATE.• 07-17-78 SURVEYOR'S CERTiFlCATE I HEREBY CERTIFY THAT THE INFORMATION SHOWN ON THIS PLAT IS BASED ON AN ACTUAL FIELD SURVEY MADE UNDER MY SUPERVISION ON AUGUST 21, 1998 AND THAT TO THE BEST OF MY KNOWLEDGE AND BELIEF THERE ARE NO ENCROACHMENTS OR VISIBLE EASEMENTS UNLESS SHOWN. Form MARPLAT —'TOTAL 2000 for Windows, appraisal software by a la mode, inc. —1-800-ALAMODE