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BZA 08-20-02 Meeting AgendaFILE COPY FREDERICK COUNTY BOARD OF ZONING APPEALS The Board Room Frederick County Administration Building 107 N. Kent Street 3:25 p.m. 1) Determination of a Quorum 2) Minutes of July 16, 2002 Winchester, Virginia August 20, 2002 CALL TO ORDER PUBLIC HEARING 3) Variance 911-02 of David L. Goode, submitted by Greenway Engineering, for a 50 -foot buffer distance variance for the 100 -foot residential buffer required against the Star Fort Estates subdivision; and a 95 -foot buffer distance variance for the 100 -foot residential buffer required against the rear lot lines of the residential parcels located along Lee Avenue. The property is located at 155 Lee Avenue and is identified with Property Identification Number 54-A-34 in the Stonewall Magisterial District. 4) Variance 914-02 of Glenn and Hattie Borror, submitted by Greenway Engineering, for a 25' front yard, 40' left side yard and 25' rear yard setback variance to enable the creation of a buildable lot. The property is located at the northern intersection of White Oak Road and Macedonia Church Road (Route 756) and identified with Property Identification Number 76-5-63A in the Shawnee Magisterial District. 5) Variance #15-02 of Glenn and Hattie Borror, submitted by Greenway Engineering, for a 25' front yard, 40' left and right side yard and 25' rear yard setback variance to enable the creation of a buildable lot. The property is located at the northern intersection of White Oak Road and Macedonia Church Road (Route 756) and identified with Property Identification Number 76-5-61 in the Shawnee Magisterial District. 6) Variance #16-02 of Glenn and Hattie Borror, submitted by Greenway Engineering, for a 25' front yard, 40' left and right side yard and 25' rear yard setback variance to enable the creation of a buildable lot. The property is located at the northern intersection of White Oak Road and Macedonia Church Road (Route 756) and identified with Property Identification Number 76-5-59in the Shawnee Magisterial District. 7) 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 July 16, 2002. PRESENT: James Larrick, Jr., Chairman, Gainesboro District; Thomas Malcolm, (representing Shawnee District); Robert Perry, Stonewall District; Theresa Catlett, Opequon District and Robert W. Wells, Member -At -Large ABSENT: Dudley Rinker, Back Creek District; Lennie Mather, Red Bud 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. June 18. 2002 MINUTES The minutes for the June 18, 2002 meeting were approved by unanimous vote after a motion by Mr. Perry and a second by Mr. Wells. PUBLIC HEARING Variance #13-02 of Manning & Ross Builders, Inc. for a one -foot front yard setback variance for a single-family dwelling. The property is located in Sovereign Village, Lot 74, on Wayfaring Drive and is identified with Property Identification Number 6511-1-1-74 in the Red Bud Magisterial District. ACTION -APPROVED Mr. Davenport presented the background information and explained that when the building permit was obtained, a setback survey was not required based on the layout the builder presented. The single family dwelling that is the subject of the application was constructed in a location that would have required a setback survey if the initial layout had shown that. Since the applicant constructed the dwelling in a manner that was not consistent with the layout presented on the building permit, denial of this variance would be justified. Mr. Wells asked what constitutes a hardship in this case, and what would the Frederick Co. Board of Zoning Appeals Minutes of July 16, 2002 Minutes Book Page 1154 consequence be if the application was denied. Mr. Davenport replied that "making a mistake" does not constitute a hardship and that if the variance was denied, the house would have to be modified to meet the setbacks. Board members discussed the scenario that some of these types of situations may be done with idea that once the house is completed, surely the BZA would not require them to destroy it. Chairman Larrick recommended that they continue by opening the public portion of the hearing. Mr. Darren Foltz, of Greenway Engineering, was present to represent Manning & Ross Builders, Inc. Mr. Greg Bancroft, Vice President of Manning & Ross Builders, Inc. was also present to answer any questions. Mr. Foltz told the Board that Greenway Engineering had done all of the survey work for Manning & Ross Builders in the Sovereign Village Subdivision, and they had not had problems until now. He said they believe that a subcontractor may have "adjusted a few things on the lot" and that's how the mistake was made. When asked to clarify that statement, Mr. Foltz said that they think a subcontractor disregarded the stakes that were in the field. Board members asked how an eight -foot mistake could have been made, and at what point the building permit was obtained. Mr. Foltz stated that the house plan was "flipped" which resulted in reverse setbacks. Further discussion ensued regarding who was responsible for changing the original layout of the house, why had no one taken responsibility to make sure the house was placed the way it was supposed to be, and whether this really was a mistake or was perhaps done intentionally to increase the profit margin. Questions were presented regarding the `envelope' of the house and why flipping the design would create a change in the envelope. Mr. Bancroft came to the podium and told the Board that he thought what happened in this case was that someone may have run over the stake. He stated that he has built several hundred homes in this area and this was the first time he had ever been in front of the Board of Zoning Appeals. Mr. Bancroft acknowledged Mr. Wells' earlier comment on contractors disregarding setbacks on purpose but assured the Board that this was not the case. He admitted that an error had been made. He stated that in the future, if they do both the building restriction lines and have the automatic setback report, that will help when they pour the footers or build the wall. Mr. Bancroft said that he has seen builders purposely disregard setbacks but reiterated that they had not done that. Questions were raised as to how long Mr. Bancroft had been building houses in this area, who obtained the building permit, when was it discovered that a mistake had been made, and how many houses in the subdivision were set up so as to require a setback survey. Several Board members expressed their displeasure at the Board's being put in the position of being "the heavy" and needing to approve or disapprove something that was clearly someone else's mistake. Several more questions were posed as to why the plans were changed [flipped] after the building permit had been obtained and whether anything could be done to prevent this from happening in the future. Frederick Co. Board of zoning Appeals Minutes of July 16, 2002 2 Minutes Book Page 1155 There was no one present to speak against the variance request. DISCUSSION Chairman Larrick told the Board that he was impressed with the fact that Mr. Bancroft's company had built hundreds of houses and this was the first time they had been before the Board of Zoning Appeals. Mr. Davenport said that anyone, whether they be from the public or a building firm, etc. could submit a letter to the Planning Department or Development Review and Regulations Subcommittee requesting stricter setback survey requirements. There was some further concern regarding possible legal ramifications that could occur if the Board reaches the point of "enough is enough" and actually denies one of these requests. The concern was that they will have to hear about all of the other ones that were previously approved. Chairman Larrick pointed out that the Virginia Supreme Court is very clear on this point and has ruled that each case is handled on a case-by-case basis and a decision on one case does not set a precedent for future cases. The Board's consensus on this application was that it did not appear to be intentional malfeasance; however, a very stern warning was issued to Mr. Bancroft to not appear before the Board again with a request like this. On a motion made by Mr. Malcolm and seconded by Mr. Wells, Variance # 13-02 was approved. The vote was unanimous; however, it is noted for the record that the decision was arrived at with `great prejudice.' There being no further business at hand, the meeting adjourned at 4:25 p.m. by unanimous vote. Respectfully submitted, James Larrick, Jr., Chairman Carol I. Huff, Secretary Frederick Co. Board of Zoning Appeals Minutes of July 16, 2002 3 Minutes Book Page 1156 • C� • BZA REVIEW DATE: August 20, 2002 VARIANCE #11-02 DAVID L. GOODE LOCATION: The property is located north of Star Fort Estates at the terminus of Braddock Street and south of the properties located on the south side of Lee Avenue. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 54-A-34 PROPERTY ZONING & USE: Zoned RP (Residential Performance) District; Land use - Vacant ADJOINING PROPERTY ZONING & USE: Zoned RP (Residential Performance) Uses: Residential, Nursing Home, Unimproved and Public Garage; B2 (General Business) District Land Use: Commercial Nursery VARIANCES: 1) A fifty (50) foot buffer distance variance from the one hundred (100) foot residential buffer required against the Star Fort Estates Subdivision; 2) A ninety-five (95) foot buffer distance variance from the one hundred (100) foot residential buffer required against the rear lot lines of the residential parcels located along Lee Avenue. REASON FOR VARIANCE: The zoning ordinance buffer requirements limit the potential to develop the property into (proposed) three two-story apartment buildings. STAFF COMMENTS: The Residential Separation buffer requirements of the Zoning Ordinance are defined in §165-37 A, Band C (2)(a)(b). The buffer requirements for placing apartment or multiplex housing types adjacent to single- family detached housing types are specified below [§ 165-37 C(2)(a)]. Screening Provided Inactive Active Total (feet) Full screen 75 25 100 Landscape screen 150 50 200 No screen 350 50 400 Variance #11-02, David L. Good Page 2 August 12, 2002 § 165-37C (2) (b) states that "Buffers shall be placed between the garden apartment ofmultiplex structures and the lot line of the lots containing the other housing types." The applicant is choosing the full screen option. A full screen includes a landscape screen and a six -foot -high opaque element. A landscape screen contains three plants per 10 linear feet being four feet high at planting. Two-thirds of the trees in the screen are required to be evergreen. The proposed variance is a result of these requirements and the applicant's desire to construct three (3) multifamily housing units on a vacant lot. The applicant proposes this housing type adjacent to existing single-family detached dwellings. Exhibit "A" illustrates the buffer area requirements for the proposed apartment housing types in the context of adjoining properties and roadways. The remaining buildable area shown allows for one of the three proposed apartment buildings. Variance # 1 is a request for a fifty (50) foot variance from the 100 -foot residential separation buffer that is required against "Star Fort Estates" along the southern property line. The ordinance requires a minimum distance buffer of 100 feet since a full screening element was selected by the applicant. An inactive portion of 75 feet and active portion of 25 feet is required. Chapter 165 -3 7B (1) (2) provides the requirements for screening and plantings. A full screen must include a six -foot -high opaque element (berm or fence) and includes three trees per ten linear feet. The applicant's Exhibit "B" illustrates a proposal to provide the 50 -foot buffer which would contain the screening elements, including a proposal to provide 25% additional plantings than the minimum required. Variance 92 is a request for a 95 -foot variance for the 100 -foot residential separation buffer that is required against the residential parcels located on the northern side of the property along Lee Avenue. The northwest corner of the proposed parking lot is planned to be located no closer than five feet from the property line of Parcel #54-A-35 (Vaughn). The unit on the west side of the proposed development would extend 30 feet into the active buffer. The 95 -feet variance request is to allow the proposed location of the parking lot and apartment units in the proximity to the residential parcels located along Lee Avenue. 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. Variance 911-02, David L. Good Page 3 August 12, 2002 The undue hardship provision is not satisfied because of the following two reasons: 1) Other residential housing types (with lower densities) other than apartments and multiplex types are an option. Development of other single-family housing types similar to the existing types (Star Fort Estates) is an option on the property and would not have buffer or screening requirements against the existing homes. 2) All multifamily developments within this zoning district that are adjacent to single-family must comply with the buffer requirements. The applicant is able to construct some apartment units at a smaller scale than what is proposed. Since criteria specified in §15.2-2309 (2) have not been met, denial of this variance would be justified. To offset the impact of the reduced buffers, if the variance is to be approved, § 15.2-2309 provides: "In authorizing a variance, the board may impose such conditions regarding the location, character and other features of the proposed structure or use as it may deem necessary in the public interest, and may require a guarantee or bond to ensure that the conditions imposed are being and will continue to be complied with." O:\Agmdas\BZA\Staff Report\2002\David Goode.wpd ZACLTD. 54 A 28 INC 32 54A 2 6A Star Fort HOA LIN CO 0 No 0 < U- Cb 40 LO Ir 'V GOC o 4r WEBER 54 A 47 VAR # 11 - 002.0 Location Map For: David L. Goode PIN: r" A 04-A-34 Ali 0 30 60 Feet § 165-35 FREDERICK COUNTY CODE § 165-37 the emissions of smoke, particulate matter, odors and other gaseous pollutants. G. Water pollution. No use shall be allowed which does not conform with the regulations of the Virginia State Water Control Board and the Virginia Department of Health concerning the discharge of liquid, toxic or other wastes into surface waters or the soil. H. Noise. In the M1 Light Industrial or M2 Industrial General Zoning District, sound levels at the perimeter boundary of a development shall not exceed seventy-five (75) dba (A scale). § 165-36. Landscaping. A. All portions of developments requiring site plan approval shall be appropriately landscaped to enhance the appearance, character and value of development in the county. Landscaping shall be provided to reduce the visibility of paved areas from surrounding properties, to minimize noise and glare, to provide shade and to improve the general appearance of the lot to be developed. B. In any development requiring site plan approval, any part of a lot not used for buildings, structures, parking, loading, driveways or walkways shall contain a ground cover including grass, trees, flowers, shrubs or other landscaping materials which shall be maintained in a healthy condition. § 165-37. Buffer and screening requirements. (Amended 6-13-199n1 y It is the intent of the regulations of this section to encourage proper design of a site in order to protect adjacent existing uses and to protect proposed uses within the site. Certain types of uses must be buffered from other types in order to ensure a desirable living environment. Additionally, appropriate distances must be maintained between commercial, industrial and residential uses and roads. A. Distance buffers. Distance buffers are based on the nature of an activity and its proximity to an activity of a different nature. They are linear distances measured from property lines inward. Part of the buffer must 16558 § 165-37 ZONING § 165-37 be inactive and part may be active. The inactive portion begins at the adjoining property line, as shown in the example diagrams.' (1) Inactive distance buffer. This portion of a buffer area permits no activity except the necessary utility functions provided by transmission lines, underground conduits, etc. (2) Active distance buffer. This portion of a buffer area may not be encroached by a building or other principal structure or activity. However, accessory activities, such as parking, are permitted in this area. Active buffers shall not contain road rights-of-way. Adjacent structures shall be considered structures on the same or abutting properties or structures in the same general vicinity. (3) Wherever proposed developments are adjacent to or within 1,000 feet of the boundaries of existing uses, the Planning Commission may require increased or additional distance buffers to separate different uses to achieve the intentions of this section. B. Screening. Screening is designed to work with distance buffers to lessen the impact of noise or visual interaction between adjacent activities. There are two levels of screening: landscape screening and full screening. The higher the level of screening provided, the lower the level of distance buffer required. The example diagrams show how this works.2 (1) Landscape screening. A landscape screen consists of a totally landscaped easement at least 10 feet in depth. Within the easement, there shall be a minimum landscaping density of three plants per 10 linear feet, and they shall be at least four feet in height at planting and intended to reach a minimum height of six feet at maturity. There shall be at least three species of plants, with the majority being evergreens and at least 1/3 being deciduous. Where natural barriers, topography or other features achieve the functions of the landscape screen, the requirement may be waived by the Planning Commission. (2) Full screen. A full screen provides all the elements of a landscape screen and also includes a six -foot -high, opaque hedge, fence, wall, mound or berm. A woodland strip of 50 feet may be allowed Editors Note: The diagrams detailing example buffers and screening are included at the end of this chapter. 2 Editors Note: The diagrams detailing example buffers and screening are included at the end of this chapter. 16559 12-15-99 § 165-37 FREDERICK COUNTY CODE § 165-37 as a full screen. As with landscape screens, if natural barriers, topography or other features achieve the functions of the full screen, the requirement may be waived by the Planning Commission, and the requirement may be changed to maintain highway sight distances. (3) Wherever proposed developments are adjacent to existing uses, the Planning Commission may require additional landscaping or landscaped easements to separate different uses and to achieve the intentions of this section. C. [Amended 5-11-19941 Residential separation buffers. Perimeter and interior residential separation buffers shall be established to adequately buffer single-family detached traditional and cluster dwellings from other housing types. The function of the perimeter separation buffer shall be to adequately separate different housing types within adjoining developments, while the interior separation buffer shall adequately separate different housing types within mixed- use developments. The requirements for perimeter and interior residential separation buffers are as follows: (1) Perimeter single-family separation buffers. (a) [Amended 10-27-19991 Wherever possible or practical, single-family detached traditional, urban, cluster and single- family zero lot line and single-family small lot housing shall not be placed adjacent to other residential lots or structures. [11 If other types of residential structures must be placed adjacent to single-family detached traditional, urban and cluster dwellings, the following buffers are required: 16560 12-15-99 Distance Buffer Required Inactive Active Screening (Minimum) (Maximum) Total Provided (feet) (feet) (feet) Full screen 75 25 100 Landscape screen 150 50 200 No screen 350 50 400 16560 12-15-99 § 165-37 ZONING § 165-37 [2) If 'single-family zero lot or single-family small lot structures are placed against single-family detached traditional, urban and cluster residential structures, the following buffer is required: Distance Buffer Required Inactive Active Screening (Minimum) (Maximum) Total Provided (feet) (feet) (feet) Full screen 15 10 25 Landscape screen 30 20 50 No screen 150 50 200 (b) Buffers shall be placed between the lot line of the lot containing the single-family detached traditional and cluster structures or lots designated by an approved master (Cont'd on page 16561) 16560.1 12-15-99 § 165-37 ZONING § 165-37 development plan as single-family lots and the non -single- family structures. (2) Perimeter apartment or multiplex separation buffers. (a) Wherever possible and practical, garden apartments and multiplex structures shall not be placed adjacent to other types of residential structures. If other types of residential structures must be placed adjacent to garden apartments or multiplex structures, the following buffers are required: Distance Buffer Required Inactive Active Screening (Minimum) (Maximum) Total Provided (feet) (feet) (feet) Full screen 75 25 100 Landscape screen 150 50 200 No screen 350 50 400 (b) Buffers shall be placed between the garden apartment or multiplex structures and the lot line of the lots containing the other housing types. (3) Interior residential screening. This buffer shall be designated as a continuous landscaped easement that will be placed between single-family detached traditional and cluster dwellings and other housing types. This landscaped easement shall be at least 10 feet in depth and contain a double row of evergreen trees. Each row of evergreen trees shall be a minimum of four feet in height at time of planting and spaced no more than eight feet apart. If natural barriers, topography or other features achieve the function of an interior separation buffer, the requirement may be waived by the Planning Commission. D. Zoning district buffers. Buffers shall be placed on land to be developed when it adjoins land in certain different zoning districts. (1) Buffers shall be provided on the land to be developed according to the categories in the following tables: (a) Buffer categories: 16561 10-25-2001 § 165-37 FREDERICK COUNTY CODE R4 § 165-37 RP - Distance Buffer Required R4 - Inactive Active R5 - Screening (Minimum) (Maximum) Total Category Provided (feet) (feet) (feet) A Full screen — — — A Landscape — — — M1 screen C C - A No screen 25 25 50 B Full screen 25 25 50 B Landscape 75 25 100 B screen - A A B No screen 150 50 200 C Full screen 75 25 100 C Landscape 150 50 200 - screen - C C No screen 350 50 400 (b) [Amended 9-12-20011 Buffer categories to be provided on land to be developed according to the zoning of the adjoining land: Zoning of Land To Be Developed RP R4 R5 RP - - - R4 - - - R5 - - - MH1 C C C B1 B B B B2 B B B B3 C C C M1 C C C Zoning of Adjoining Land MH1 B1 B2 B3 M1 M2 EM MS - A A A A A A A - A A A A A A A - A A A A A A A - B B B B A A C B - - A A A A B B - - A A A A B C B B - - - - C C B B - - - - C 16562 10-25-2001 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA Variance Application No. : % Submittal Deadline . Submittal Date For the meeting of Fee Paid l Ices ° Initials P . Sign Deposit Yes Sign Return Date MUST BE TYPED OR FILLED OUT IN INK — PLEASE PRINT 1. The applicant is the owner E] other0. (Check one) 2. APPLICANT: OCCUPANT (if different) NAME: David L. Goode NAME: ADDRESS 155 Lee Avenue ADDRESS Winchester, VA 22601 TELEPHONE (540) 667-9039 TELEPHONE 3. The property is located at (give exact directions and include State Route numbers): The property is located at 155 Lee Avenue (Route 764) which is approximate) 1/a mile northwest of the Lee Avenue intersection with Martinsburg Pike (U.S. Rte 1 l 4. The property has a road frontage of 100 feet and a depth of 321.47 feet and consists of 3.8891 acres. (please be exact) * Note that Pennsylvania Avenue is not constructed to the property; therefore, the road frontage and depth are taken from the Lee Avenue access. Also note that information is taken from most current plat of property recorded on May 5, 2002 and identified as Instrument # 020007545. This plat is attached. 5. The property is owned by David L. Goode as evidenced by deed from Linwood E. Dove, Gilbert Franklin Dove, Jr.; Paul A. Dove; Alfred A. Dove; Marvin N. Dove; Carolee H. Dove; Ethel V. Dove; Robert Lee Dove; Ann Miller Dove; Joyce Ann Dove Birmingham and Andrew Birmingham (previous owner) recorded in Deed Book 669 on Page 845 of the Deed Book of the Clerk of the Court for Frederick County. Attach a copy of the deed 6. Magisterial District: Stonewall 7. 14 -Digit Property Identification No.: 54-((A))-34 8. The existing zoning of the property is: RP (Residential Performance) Distrriicjt j 9. The existing use of the property is: Unimproved '' i � JV D M,' -`N � 4 2002 DEPT. Or PLANNiNU1DEVELOPMENT Page 2 of 6 10. Adjoining Property: USE North Residential; Nursing Home East Residential; Unimproved; ublic Garage South Commercial Nursery West Residential (Star Fort states ZONING esidential Performance) District M(Residential Performance) District B reneral Business) District RP (Residential a ormance istrict 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 50 -foot buffer distance variance for the 100 -foot residential buffer required against the Star Fort Estates subdivision. The resulting variance would retain a 50' inactive buffer against the Star Fort Estates subdivision. ® A 95 -foot buffer distance variance for the 100 -foot residential buffer required against the rear lot lines of the residential parcels located along Lee Avenue. The resulting variance would allow the residential structures to be no closer than 60 feet and the parking lot to be no closer than 5 feet from the rear lot lines of the residential parcels located along Lee Avenue. 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 situational or condition of property, or the use or development of property immediately adjacent thereto Mr. Goode is applying for the buffer variances described under item 911 due to the significant constraints that the required butter distances place on the 3.8891 -acre parcel. Strict application of the required buffer disiances creates a maximum buildable area of 0.4439 acres which is a reduction of 88.6%ote total acreage of this parcel. ease refer to Exhibit A to visualize the impact to the parcel.) Page 3 of 6 13. Additional comments, if any: The 3.8891 -acre parcel is zoned RP (Residential Performance) District and is only accessible via the 100 foot frontage located on Lee Avenue. The size and shape of the parcel, as well its' proximity to the City of Winchester is conducive to multifamily housing. Mr. Goode plans to develop this parcel in a manner that is an enhancement to this area of the community. The development plans include the construction of three (3) two-story apartment buildings that are all brick with metal roofs (please refer to attached rendering). Furthermore, Mr. Goode plans to enhance the reduced buffer distance area along the Star Fort Estates Subdivision through the provision of a six-foot earth berm that will contain 25% more tree plantings than is required by the Frederick County Zoning Ordinance. Mr. Goode plans to enhance the reduced buffer distance along the rear property lines of the parcels fronting on Lee Avenue through the use of opaque fencing, cluster tree and vegetative plantings and existing mature trees on this portion of the property. (Please refer to Exhibit B to visualize the proposed earth berm and landscaping plan that will be located along the Star Fort Estates Subdivision.) Page 4 of 6 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 notified by mail of this application: NAME David L. Goode, Inc. Address 155 Lee Ave. Property ID# 54-A-34 & 40 Winchester, VA 22601 NAME James Lupton Address 191 Lee Ave. Property ID# 54-A-29 Winchester, VA 22601 NAME Winchester Manor, Inc. Address PO Box 4308 Property ID# 54-A-32 Silver Spring, MD 20914 NAME Kenneth Vaugh, Sr. Address 187 Lee Ave. Property ID# 54-A-35 Winchester, VA 22601 NAME Martin Gavis Address PO Box 284 Property ID# 54-A-36 & 37 Winchester, VA 22604 NAME ZAC, Ltd. Address 396 Gainesboro Road Property ID# 54-A-38 Winchester, VA 22603 NAME Ruby Funkhouser, et als Address 159 Lee Ave. Property ID# 54-A-39 Winchester, VA 22601 NAME Mark Mason Address 143 Lee Ave. Property ID# 54-A-41 Winchester, VA 22601 NAME Michael Weber Address 937 Martinsburg Pike Property ID# 54-A-46, 47 & 48 Winchester, VA 22601 NAME Jared Portch Address 116 Star Fort Dr. Property ID# 54A-2-8 Winchester, VA 22601 NAME Steve Evans Address 114 Star Fort Dr. Property ID# 54A-2-9 Winchester, VA 22601 NAME Ruth Eastep Address 112 Star Fort Dr. Property ID# 54A-2-10 Winchester, VA 22601 NAME Michael Hardware Address 110 Star Fort Dr. Property ID# 54A-2-11 Winchester, VA 22601 Page 5 of 6 NAME Robert Stiefel Property ID# 54A-2-12 NAME Audrey Bairossi Property ID# 54A-2-13 NAME Charles Renner, Jr. Property ID# 54A-2-14 NAME Ann Marie Morrison Property ID# 54A-2-15 NAME Jamie Wade Property ID# 54A-2-16 NAME Star Fort Estates Homeowners Association Property ID# 54A -2-6A Address 108 Star Fort Dr. Winchester, VA 22601 Address 106 Star Fort Dr. Winchester, VA 22601 Address 104 Star Fort Dr. Winchester, VA 22601 Address 102 Star Fort Dr. Winchester, VA 22601 Address 100 Star Fort Dr. Winchester, VA 22601 Address 1625 South Loudoun Street Winchester, VA 22601 Page 6 of 6 AGREEMENT VARIANCE# Lt0 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 APPLICANTDATE i SIGNATUREOF OWNER �,DATE -5k `f 101Z - (if other than applicant) -OFFICE USE ONLY BZA PUBLIC HEARING OF ACTION: [ APPROVAL SIGNED: BZA CHAIRMAN Q DENIAL DATE: RECEIVED 11AY 2 4 2.002 �'Lf°,�1�,1I14UIDEVELORIENT FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT BETWEEN THE LANDS OF DAVID L. GOODE, INC. STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA APRIL 15. 2002 l 1' iiC`Tnlr° OWNER'S CERRRCATE THE ABOVE AND FOREGOING BOUNDARY UNE ADJUSTMENT BETWEEN THE LANDS OF DAVID L. GOODE, INC. AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE W17H THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF A C 4,V iq ` COMMONWL411t OF VI IN14 CITY / OF oedevrc�- , TO WIT THE FOREGOING OWNERS CERTIRCATE WAS ACKNOWLEDGED BEFORE ME THIS 7+41 DAY OF Ha4 2oQ2BY David L- 0oade P esideof MY COMMISSION EXPIRES f"ebVZ)( 2( 29 ZOo4- - SURVEYOR'S CERTIFICATE I HEREBY CER77FY THAT THE LAND CONTAINED IN THIS BOUNDARY LINE ADJUSTMENT SURREY IS ALL OF 7HE LAND CONVEYED TO DAVID L. GOODS, INC. BY DEEDS DATED JANUARY 4, 1988 AND MARCH 6, 2002 RECORDED IN THE OFFICE OF THE CLERK OF THE FREDERICK COUNTY CIRCUIT COURT AS DEED BOOK 669 PAGE 845 AND AS INSTRUMENT NO. 02004183. DARKEN S FOL7Z, LS. r PARENT TAX PARCEL IDEN77RCATLON DAVID L GOODE, INC. T.M. 54-((A))-34 2.7970 ACRES ZONE- RP USE: VACANT DAVID L. GOODE, INC. T.M. 54-((A))-40 0.3443 ACRES ZONE- RP USE, RE -'ID. APPROVALS TH of �r A i --/t t� y 70��r�c nit � FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE DARREN S. FO No. 002257 GREENWAY ENGINEERING � �s/a3/dam 151 WINDY HILI. LANE Engmeers WINCHESTE11, VA. 22602 Surveyors TELEPHONE: (640) 882-4185 W7 FAIL (540) 722-9528 Founded in 1971 www.greenwayong.com ()880 SHEET 1 OF 3 MON. if FORT TES PG. 1 1p Rol 01 PENNSYLVANIA AVENUE ( 50' RfYl) lRS MRF a w 7'14,20 2 9�_((P)���GN� SR o 5� S. G 316,510 KEog 534 Lis,: o ZpNEp & 37 v ((P))'36pV1 �$ 54- BPG. 1 REyto• o DS• RP a Zp�Ep. s TM 54—((A))-34 �^ 3.6891 ACRES ® 39p� o o Z AODUSiEfl AREA �K (o)USER, R to• 0 R UgY RP ZpNEp. �_ E 0 r1"29a ® m' N 2 Sp 0 z IRF 0 N �� T1�, (9) IRF D S ®IRF w 2 ® Ifl S 2T 53 95 Z 321.47' IRF L3 Q�. 100 0 100 GRAPHIC SCALE .(IN FEET) IRF BRADDOCK STREET (50' R/WY) TM. 54-((A))-47 MICHEAL SMITH WEBER DB, 455 PG. 746 ZONED. B2 USE. BUSINESS SEE SHEET 3 FOR LEGEND, NOTES AND AOJOINER TABLE. a w 9j O � '7D IRF 62'45'31 ' E 50.00' rimairVIM LINE BEARING DISTANCE L 1 S 37'43 26" W 50.18' L2 S 624531 " E 100.00' L3 S 27'14'29' W 10.89' L4 S 49'36 51 " W 906.2l'I FINAL PLAT FOR BOUNDARY UNE ADJUSTMENT BETWEEN THE LANDS OF DAVID L GOOD& INC. STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1" = 100' 1 DATE: APRIL 15, 2002 GREENWAY ENGINEERING 151 WINDY HILI. LANE Engineers WINCHESM, VA. 22602 Surveyors TELEPHONE: (540) 682-4185 PAX. (540) 722-8528 T OF DARREN S. FOLTZ No.p022I57 ,.ora/b 3 /oQ„ 0 0 c c.: OTM. 54A—((2))-9 STEVE A. EVANS & DAIR4 v EVANS DB. 827 PG. 814 ZONED: RP USE. RESID. OTM. 54A—((2))-12 ROBERT J. 577EFEL, FR 1NST,fO 1011172 ZONED: RP USE. RESID. TM. 54A—((2))-15 ANN MARIE MORRISON & TODD FENTON DB. 937 PG. 1721 ZONED: RP USE RESID. l0 TM. 54—((A))-38 ZAC LTD. DB. 576 PG. 382 ZONED: RP USE. RESID. IRS = 1/2" IRON RERAR SET IRF = 1/2" IRON REBAR FOUND R/W = RIGHT OF WAY RESID. = RESIDEN77AL OTM, 54A—((2))-10 TONY C. EASTEP & RUTH M. EASTEP DB. 827 PG. 102 ZONED: RP USE. RESID. OTM. 54A—((2))-13 AUDREY F. BAIROSSI INST. #01010094 ZONED: RP USE. RESID. OTM. 54A—((2))-16 JAMIE N. WADE & AMY R. WADE DB. 953 PG. 1340 ZONE: RP USE. RESID. OTM. 54A—((2))-11 MICHEAL M. HARDWARE DB. 946 PC. 991 ZONED: RP USE. RESID. TM. 54A—((2))-14 CHARLES J. RENNER, JA OB. 805 PG. 462 ZONED: RP USE. RESID. TM. 54—((A))-41 9 MARK L. MASON ON. INST. #01001071 ZONED: RP USE. RESID. 11 STAR FORT ESTATES HOME OWNERS ASSOC. DB. 747 PG. 152 ZONED. RP USE. VACANT AREA TABULA770 ORIGINAL AREA ADJUSTED AREA TU. 54—((A))-34 2.7690 ACRES 3.8891 ACRES ITN. 54—((A))-40 0.3440 ACRES 0.0000 ACRES R/W (VACATED) 0.7757 ACRES 0.0000 ACRES 3.8891 ACRES 3.8891 ACRES NOTES• 1. NO 777LE REPORT FURNISHED. EASEMENTS OTHER THAN SHOWN MAY EXIST. 2. THE BOUNDARY INFORMA77ON SHOWN HEREON IS BASED ON A CURRENT FIELD SURVEY BY 7NIS FIRM, J. THIS PARCEL LIES EN77RELY WITHIN FLOOD ZONE 'C", AREAS OF MINIMAL FLOODING AS PER F.I.R.M. COMMUNITY PANEL #510063 01058, DATED JULY 17, 1978. FINAL PLAT FOR BOUMARY UNE ADJUSTMENT TH of BETWEEN THE !ANDS OF Dj DAVID L. GOODE, INC. STONEWALL M4GIS7D?L4L DIS77?ICT, FREDERICK COUNTY, NRGIM,IA DARREN S. FOLTZ SCALE: NIA DATE: APRIL 15, 2002 GREENWAY�EN �IEERIle Na/QZ �� 05�3a , Engineers WINC ASTER, VA. 22602 9� � Surveyors TELEPHONE: (540) 662-4185 PAX: (540) 722-9628 A Fmmdeci in 1971 www-8reenwaYeng-com nRRn BHT .i nF J EXHIBIT A Z 0 1 54-A-3 ZAG, 54-A-35 LTD.RUBY FUNKHOUSER, m A 1 54-A-36 4 31 ZONED: et -a I. MARTIN 5. 1 RP CLAUDETTE N. USE: 1 USE: EREGAV 54-A-35 1 VACANT 1 c1� KENNETH S. ZONED- : RP USE: RESID. 1 VAUGHN, SR L ZONED: RP ® N USE: RES. 1 do \L9 'T .40 4} WW yr 54-A-34 v TOTAL LOT AREA 5UILDA5LE AREA 0.4439 AG. w DRAINAGE AREA FOR STAR FORT ESTATES ST,QR ZONED- RP USE: RES. ® —' -2-12 54,4-2-13 CY G. DANTE 4 :RIS I AUDREY F. 5AIR055I �T,4TE=-i 1 � 1 tJ V5-4-4-41 1 JAIME D. BELFORD 1 ZONED: %?P� USE: S. 5 54-,4-41 MICH,4EL S. WE5ER ZONED : 52 USE: NURSERY 54A-2-14 54A-2-15� 54A-2-16 N 50'25'00" W -- 618.92' ORT ESTATES 54A-2-8 54A -2-954A-2-10 STEVE A. 4 TONT' C. 4 54A-2-11 MON AREA TODD S. 4 DAIRA J. RUTH M. MICHAEL M. TAMARA M. I EVANS I EASTEP HARDWARE SOWER I I ST,QR ZONED- RP USE: RES. ® —' -2-12 54,4-2-13 CY G. DANTE 4 :RIS I AUDREY F. 5AIR055I �T,4TE=-i 1 � 1 tJ V5-4-4-41 1 JAIME D. BELFORD 1 ZONED: %?P� USE: S. 5 54-,4-41 MICH,4EL S. WE5ER ZONED : 52 USE: NURSERY 54A-2-14 54A-2-15� 54A-2-16 CHARLES ANN JAMIE N. J. I MARIE J. I WADE RENNER, M0RR15CN JR I 4 TODD QC F� H c' Z N D! � W N � W � Z a � N� Nm N W J j m ziL62, a �'t i Z c a t c 3 s a� W u ?' x DC n, x CD 3 F P i tn L a a CD L t L DATE: MAY 22, 2002 SCALE: 1"= 50' DESIGNED BY: EW JOB NO. 0880 SIFT 1 OF 1 o E c, E -z Lu QC zx fir" w� ® oxo (� �� �o w P. cl i > 0 Cz. DATE: MAY 22, 2002 SCALE: 1"= 50' DESIGNED BY: EW JOB NO. 0880 SIFT 1 OF 1 c� ec C, W c m EXHIBIT �m b a0 00 Hw s iz Q� q � W wki TH OF U MARK D. SMITH No.022837 o ssIONAl . z :f LANE:)SCAFE 5UFFEf;R IDETAILr cq N W Ud co CD H E-z cv LLI CD A (x N z LO a w� > �� PQM UO 04 111 W Z Z A Q OW J U W a Q U co 0 z Q J co a iL DATE: MAY 2002 SCALE: N.T.S. v N DESIGNED BY:EAW/JNT 3 JOB NO. 0880 } SHEET 1 OF 1 L_i�tl �1D�/�#��� LEGEND DECIDUOUS EVERGREEN #1 EVERGREEN #2 ADDITIONAL PLANTINGS (2�90 Additional EXISTING/P�;OROSED BOUNDAR'�' LINE , 120' 1 I `'FSC/ Tree Coverage) EXISTING/P�;OROSED BOUNDAR'�' LINE , 120' 1 I `'FSC/ �0' SETBACIG LINE ��� (TYPICAL .SECTION TOIL OF BERM EXISTING-�/PF�OPOSED GRADE ELEVATION VIEW—FRONT/REAR LANDSCAFE �� � �� (TYPICAL SECTION David L. Goode Apartments ,., 2 -story buildings * All brick construction • Metal roofs © Porches and balconies e 1000 square foot units n■� ins ■n■I w nf� NIS N■■I BOTH 1�I Iii �� iii l u■■1 ins ■nr■ - � - - Ii�� i■■� W■I -- nig Hill ■ nn ■■■■I �n linii ■■■ �■�■■ --- ��OI■■�� I■■ ■■ ■ ii1 � 111 ■-- ■n ■u■ � ■■■� -- u■� ■ ■■� - III VI II m ■in ■■n n■■I N■� u ■■■� t■■� - ni■i moll ■■n1 I�■fl ■ ■■■■I n _ 1 1�� aul I� = H �u M - I■■ I -- /n III mini IN IN nI� ■�■■ ■n Ing u�■� t■■■I ■u■I Hi fl 1n fl iu 1II 1 In uI 1II n1 II 1I1 III III In BOTH ELEVA TIONS FRONT & BACK BZA REVIEW DATE: August 20, 2002 VARIANCE #14-02 GLENN AND HATTIE BORROR LOTS LOCATION: The property is located at the northern intersection of White Oak Road and Macedonia Church Road (Route 756). MAGISTERIAL DISTRICT: Shawnee PROPERTY LD NUMBERS: 76-5-58; 76-5-59; 76-5-60 PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Residential ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Uses: Residential VARIANCE: 25 -foot front yard, 40 -foot left and right side yards and 25 -foot rear yard setback variances to enable a buildable lot. REASON FOR VARIANCE: No buildable area using current RA setbacks on existing lots. STAFF COMMENT'S: The subject property was subdivided March 24, 1947 as evidenced by the deed included in the agenda. Exhibit "A" illustrates the layout of the 10 remaining lots which are zoned RA (Rural Areas). The zoning ordinance [§ 165-55A(1)&(2)] specifies the setbacks for these lots as being 60' front and 50' for the sides and rear. Exhibit "B" is a proposed plat for boundary line adjustments which would consolidate the lots in the following manner. Existing lots 63A and 62 are to be consolidated into a new lot indicated as (new) Lot 63. Existing Lot 61 and a portion of Lot 60 are to be consolidated into (new) Lot 61. Existing Lot 59 and portions of Lot 60 and 58 are to be consolidated into (new) Lot 59. Existing Lots 54-57 and a portion of Lot 58 are to become consolidated into (new) Lot 55 which will contain the existing dwelling and frame shed. The variance requests are directly related to the proposed boundary line adjustments. The boundary line adjustments related to the existing dwelling is not apart of this variance request and can be administratively approved. Exhibit "B" also illustrates that due to the applicable RA setbacks, no buildable area exists on proposed Lot 59. Variance #14-02 Glenn and Hattie Borror - Lot 59 Page 2 August 7, 2002 Exhibit "C" is illustrating the proposed setbacks per the subject variance requests. The applicant is requesting the following variances for proposed Lot 59 to enable the construction of a single family dwelling on the property. Proposed Lot 59 is seeking: A twenty five (25') foot front yard setback variance, a forty (40') left and right side yards setback variances and a 25' rear yard setback 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. Strict application of the zoning ordinance in this case produces an undue hardship upon the applicant because given the applicable setbacks, dwellings cannot be constructed on the proposed lots without an approved variance (similar to the one requested). Other lots in the same zoning district have the same setback requirements but these lots are encumbered by current setbacks causing the properties to be unbuildable areas. Since two of the criteria specified in § 15.2-2309 are met, granting this variance as requested would be justified. 0AAgenda \BZA\Staff Report\2002\Bortor Lots 14_02.wpd EXHIBIT "All Lot 269 Lot 58 Lot 58 i o FRAME SHED --- IRS Lot 57 O O ' N N Lot 56 4i Lot 63A Q)ir p o — - HOUSE W1 GARAGE I 0 U hw L' to Lot 62 1 c2 3 ti Lot 54 LOQ N Lot 61 I I U N Q W ^ Lot 60 j UJI N O ti 2 IW U Lot 59 � I Lot 269 Lot 58 Lot 58 g - II I� I w N I �17 /;��5 60 0 60 z � GRAPHIC SCALE C. Dmo/f /V5- IN FEET FINAL BOUNDARY PLAT OF THE LAND OF TI -1 Op LOTS 54 - 63A FUNKHOUSER LOTS (DB 199 Pg 516) SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA ��DARREN S. FOLTZ SCALE: V = 50' DATE: OCTOBER 12, 2001 No. 002257 GRE � A'51 YENG VEERING � o� Hal LANE 1p Engineers WINCHESTER, VA. 22502 SU q� Survey©rs `�- HONE: (540) 662-4185 R FU:: (540) 722-9528 Founded in. 1971 www.greenwayeng.com 2291 SHEET 1 OF 2 N o FRAME SHED J Lot 57 O O N Lot 56 ti U W z — –+ p 1 - STORY BRICK — - HOUSE W1 GARAGE I Lot 55 hw ti Lot 54 g - II I� I w N I �17 /;��5 60 0 60 z � GRAPHIC SCALE C. Dmo/f /V5- IN FEET FINAL BOUNDARY PLAT OF THE LAND OF TI -1 Op LOTS 54 - 63A FUNKHOUSER LOTS (DB 199 Pg 516) SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA ��DARREN S. FOLTZ SCALE: V = 50' DATE: OCTOBER 12, 2001 No. 002257 GRE � A'51 YENG VEERING � o� Hal LANE 1p Engineers WINCHESTER, VA. 22502 SU q� Survey©rs `�- HONE: (540) 662-4185 R FU:: (540) 722-9528 Founded in. 1971 www.greenwayeng.com 2291 SHEET 1 OF 2 Exhibit "B" FINAL PLAT FORaBOUNDARY LINE ADJUSTMENT BETWEEN THE LANDS OF LOTS 54 - 63A FUNKHOUSER LOTS (DB 199 Pg 516) SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1' = 50' T DATE: JUNE 13, 2002 C-RREENVVAY ENGNEERING 151 WINDY HUI zANE Engineers F�CHESTER V1, 22602 Surveyors T=HONE: HONE: (540) 662-4185 $— 1iP1,'• (540) 722-9528 Founded in 1971 vTm.greenwayeng.eom OFA �O DARREN S. FOLTZ No.002257 o- i ------ `V 60' BRL C to 50' BRCI 1 U LU 65I q-0 I ac a � lU4 � 611 � Q LIc`R L�sS URa A=2.Lj Q � k I U 50' BRL I N L —1--FFRAME SH® 1 d I 6 l ti I� U s 1 1 �� OUS SW CARY RAGE U y N En W N * exis T IA -16 s5-161gCKS 10cvA I �t+ Drs-jlri7C7j-' 60 0 60 LU --t ,p,, n J�Q GRAPHIC SCALE (W FEET) FINAL PLAT FORaBOUNDARY LINE ADJUSTMENT BETWEEN THE LANDS OF LOTS 54 - 63A FUNKHOUSER LOTS (DB 199 Pg 516) SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1' = 50' T DATE: JUNE 13, 2002 C-RREENVVAY ENGNEERING 151 WINDY HUI zANE Engineers F�CHESTER V1, 22602 Surveyors T=HONE: HONE: (540) 662-4185 $— 1iP1,'• (540) 722-9528 Founded in 1971 vTm.greenwayeng.eom OFA �O DARREN S. FOLTZ No.002257 o- --------------- --m 2 63 o � N ti 0 U J W I to I l5 -D2 ml I W I-- N Q o J � nl y I i4 -a2. W W ~ N 2 Q 0 J U 2 O - N U W � W � U I W N U4TCHUNE SEE +_ SHEET NO. 4 Q � a W 2 � N W � N Exhibit "C" SD' 'c')Fly l?u FF -E4' F-- --m ml 63 10' BRL I 61 I l5 -D2 ml I BRI m� 70' BRL nl SS I i4 -a2. I -1 50' BRL L J— X FRAME SHED f ! 55 I mi I� Ex.. 11 STORY BRICK HOUSt w/ caRACE --L- I L- 50' BRL PRoPdsE1j S�TPRclis PSR VAR1A(-E k� �scsTso Lot 53 21 o I GRAPHIC SCALE (lN FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT BETWEEN THE LANDS OF CLENN M PORROP & HATTIE P. PORROR LOTS 54 - 63A FUNKHOUSER LOTS (DB 199 Pg 516) SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1' = 50' 1 DATE: JUNE 13, 2002 GREENWAY ENGINEERING 151 WWY FMI LANE Engineers WMCHESTEP, VA. 22502 Surveyors 'r=- HOIv'E: (540) 662-4185 FA--- (540) 722-9528 Founded in 1971 www.greenwayeng.com mor' Th OF r' O DARREN S. FOLTZ No. 002257 `t Page I of s APPLICATION FOR VARIANCE IN THE jUL '. 1 COUNTY OF FREDERICK, VIRGINIA PLEASE 12R applicant1. The - owner other_ • 2. APPLICANT: NAME : 1 /'AfL"i,icr�Z ADDRESS G�S�z- - S l W 1 0,J Dv' H i i...- L_l-t,11 u� E tom- V A- TELEPHONE : (-'& '-). — 11-1 8�- OCCUPANT: (if different) NAME: 6 LC►j N e u aLtL--, a— ADDRESS : - IRIS HAA- f-(a)tiii4 C � g2W k(540 WEITI- TELEPHONE : 2-' 7!L 3. The property is located at (give exact directions and include State Route numbers): A-c:.�'`L�; t.� ► J�- Lt-�:.3 C?�C, E -!r... _iZ.�%l� � �T�_.� 5 io ,d�—..... 4. The property has a road frontage of f feet and a depth of At f) zoo( feet and consists of . _ages. (please be exact) 21, 0'35 Sq K 5. The property is .owned by C7L�`�1&J lr/-cmc as evidenced by deed from Ft)C.j ., -Y�- recorded i ( (previous owner) in deed book no. ( on page 51 �6 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: 61-i-��ticc 7. 14 -Digit Property Identification No.: %! — 5 — 8. The existing zoning of the -property is: 9. The existing use of the property is: ; ocf-j-r, tN-k._._ 10. Adjoining Property: USF ZONIiVG North C, 4U R Cjt- 11. East VAC-,Ao_ J 7-- KA - South A.South P.�► Oz #,js, Ate. RA - {lest "s` ►Z P Describe the variance sought in terms of distance and type. (For example: "A 3.5' rear yard variance for an attached two car garage.") '2S i R�-� 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 0S i 13. Additional comments, if any Glenn Borror Lots - Variai ADJOINING PROPERTY OWNERS Macedonia Cemetery Association Gary E. Whitacre JENI Company Michael B. McDonald (DBA Cornerstone) Shoemaker Construction, Inc. Ronnie A. McDonald (DBA Ram Construction) Michael C. Schuelen (DBA MS Construction) Property ID: Glenn & Hattie Borror W��IXVAk- Submitted by Darren Foltz Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 76-A-31A 1941 Macedonia Church Rd 76-A-34 76-A-49 76B-14-266 768-1-4-267 76B-1-4-268,270 & 271 a rn 76B-1-4-269 76B-1-4-272 76-5-63A, 76-5-59, 76-5-61 Page 5 of 5 VARIANCE # 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. I SIGNATURE OF APPLICAN0,�- V i SIGNATURE OF OWNER DATE (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF(,r] m.5 .2, 0, 200-2ACTION: - DATE - APPROVAL SIGNED: I "YAW41 so r.11 DENIAL DATE: C-,V1CP-,e7JT- Co A,, k) t -n o& S' 3q e�j T7 G)� - - - - - - - - - - - - xr -5 4 ...... . . . . . 17L ti C-,V1CP-,e7JT- Co A,, k) t -n o& S' 3q e�j T7 G)� BZA REVIEW DATE: August 20, 2002 VARIANCE #15-02 GLENN ANIS HATTIE BORROR LOTS LOCATION: The property is located at the northern intersection of White Oak Road and Macedonia Church Road (Route 756). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 76-5-60; 76-5-61; 76-5-62 PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Residential ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Uses: Residential VARIANCE: 25 -foot front yard, 40 -foot left and right side yards and 25 -foot rear yard setback variances to enable a buildable lot. REASON FOR VARIANCE: No buildable area using current RA setbacks on existing lots. STAFF COMMENTS: The subject property was subdivided March 24, 1947 as evidenced by the deed included in the agenda. "Exhibit "A" illustrates the layout of the 10 remaining lots which are zoned RA (Rural Areas). The Zoning Ordinance [§ 165-55A(1)&(2)] specifies the setbacks for these lots as being 60' front and 50' for the sides and rear. Exhibit `B" is a proposed plat for boundary line adjustments which would consolidate the lots in the following manner. Existing lots 63A and 62 are to be consolidated into a new lot indicated as (new) Lot 63. Existing Lot 61 and a portion of Lot 60 are to be consolidated into (new) Lot 61. Existing Lot 59 and portions of Lot 60 and 58 are to be consolidated into (new) Lot 59. Existing Lots 54-57 and a portion of Lot 58 are to become consolidated into (new) Lot 55 which will contain the existing dwelling and frame shed. The variance requests are directly related to the proposed boundary line adjustments. The boundary line adjustments related to the existing dwelling is not a part of this variance request and can be administratively approved. Exhibit `B" also illustrates that due to the applicable RA setbacks, no buildable area exists on proposed Lot 61. Variance #15-02 Glenn and Hattie Borror - Lot 61 Page 2 August 7, 2002 Exhibit "C" is illustrating the proposed setbacks per the subject variance requests. The applicant is requesting the following variances for proposed Lot 61 to enable the construction of a single family dwelling on the property. Proposed Lot 61 is seeking: A twenty five (25') foot front yard setback variance, a 40' left and right side yards setback variance and a 25' rear yard setback 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. Strict application of the zoning ordinance in this case produces an undue hardship upon the applicant because given the applicable setbacks, dwellings cannot be constructed on the proposed lots without an approved variance (similar to the one requested). Other lots in the same zoning district have the same setback requirements but these lots are encumbered by current setbacks causing the properties to be unbuildable areas. Since two of the criteria specified in §15.2-2309 are met, granting this variance as requested would be justified. O:\Agendas\BZA\Staff Report\2002\Borror Lots 15_02.wpd EE XICLHISIT "A" IRS Lot 63A 2 O � 0 U w Lot 62 z w w 111 Lot 61 � O N to w 4Lot 60 -- w � N Lu ~ N Z ¢ ° Lot 59 U Lot 269 N ti Lot 55 Lot 58 FFAVE SHED Lot 57 Lot 55 a � 1 - S70RY BRICK HOUSE i'// GARAGE Lot 55 Lot 54 w 50 0 60 Z o I GRAPHIC SCALE ' FINAL BOUNDARY PLAT �g � OFA THE LAND OF P _ LOTS 54 - 63A FUNKHOUSER LOTS (DB 199 Pg 516) SHAWNEE MAGISTERIAL DISTRICT. FREDERICK COUNTY, VIRGINIA SCALE: 1' = 50' Dfi`1'E: OCTOBER 12, 2001 151 -wary HIid. L@"li Eagiseers 3FUCTST.M", VA- 22502 Surae-= T:-:' HONE: (540) 632-4135 Fes, (540) 722-SE26 Foy.rcd¢a' isr. 10''1 w .rsr_e: �er.�7e:..s.cnm p� Tti OF q � DARREN S. FOLTZ No_CO2257 Exhibit "B" r 2 60' Ea `= — � So. BRL— I W IZU �Q O 69 Q-1 g wCO 59 e -I U - - I 50' EFL " L rF7fLLfE SHED I . J Z ml I� I ct: I I Q 1 � W EC 115, cRY BPJG! Z HOJSf W11 G4R4GE L � � U to _ � Q W N —�i5l luc'� S5iBA, Cris c,2 N A`�+ �irSiri %` 60 0 I 60 GRAPHIC SCALE (lA( FEET) FINAL PLAT FOR"BOUNDARY LINE ADJUSTMENT BETWEEN THE LANDS OF rTH OF�r`� LOTS 54 — 63A FUNKHOUSER LOTS (DB 199 Pg 516)01 SHAWNEE MAGISTERIAL DISiRIC i , FREDERICK COUNTY, VIP.GINIA DARKEN S. FOLTZ SCALE: 1, = 50' DATE: JTJRTE 13, 2002 <A No.002257 X air REEMNNAY ENG SEE-RH2 � l s 51eW TDY HEL LAM g *oy E=gg-ee� WIN=-STEP, aa. 2:25c2 �TFnOIV�_ (54v^) 662-4185 nu, Surveyors YOL (540) 722-9528 _ 2291 SHEET0r 4 r ouncLad in 1971 ;rc�ezrrs� ug.c�m S -------------- I 50' BRL N Z o� 2 o I ml lm 13 N I � I r --► l ml O U � W I h N h f0' BRL SHEET NO. 4 Q W � ti N l `41 ]0' BRL - mF- W FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT I � W L__ q ~ N 2 ¢ 0 V U Exhibit "C" BETWEEN THE LANDS OF CLENN M BORROR & HATTIT P. P®RROR o t LOTS 54 — 63A FUNKHOUSER LOTS (DB 199 Pg 516)��� SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, MVIRGINIA �'DARRE�J S. FOLTZ SCA: 1' = 50' ����\3 �Dt�iT�: JiIrTE 13, 2002 No. 002257 151 MMIDY HILL IdANE Engineers Tr N9A 22502 ��EIHCTE: 1540) 662-41 85 1� of Surveyors �, FAQ: (540) 722-9528 Founded in 1971 w7m.greemmyer-g.com 22f i SHEET .S' OF 4 j I 50' BRL N L r FnAftiE SHED — 1 I 2 o I ml lm 13 N I � I r --► l ml Z EX 11 STORY BRICK HOUSE W1 GARAGE --LI I LLu N 50' BRL f0' BRL SHEET NO. 4 Q ml W H l `41 ]0' BRL - mF- Lot 53 GRAPHIC SCALE I FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT 70` BRL L__ 10, RRL BETWEEN THE LANDS OF CLENN M BORROR & HATTIT P. P®RROR o t LOTS 54 — 63A FUNKHOUSER LOTS (DB 199 Pg 516)��� SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, MVIRGINIA �'DARRE�J S. FOLTZ SCA: 1' = 50' ����\3 �Dt�iT�: JiIrTE 13, 2002 No. 002257 151 MMIDY HILL IdANE Engineers Tr N9A 22502 ��EIHCTE: 1540) 662-41 85 1� of Surveyors �, FAQ: (540) 722-9528 Founded in 1971 w7m.greemmyer-g.com 22f i SHEET .S' OF 4 j I 50' BRL N L r FnAftiE SHED — 1 I 2 o I ml lm 13 N I � I r --► l v � W EX 11 STORY BRICK HOUSE W1 GARAGE --LI I LLu N 50' BRL MATCHUNE SEE Z SHEET NO. 4 Q W H 'r�l�rJFf✓SC'l� �Cf ���h�� 0 - W o Lot 53 GRAPHIC SCALE I FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT BETWEEN THE LANDS OF CLENN M BORROR & HATTIT P. P®RROR o t LOTS 54 — 63A FUNKHOUSER LOTS (DB 199 Pg 516)��� SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, MVIRGINIA �'DARRE�J S. FOLTZ SCA: 1' = 50' ����\3 �Dt�iT�: JiIrTE 13, 2002 No. 002257 151 MMIDY HILL IdANE Engineers Tr N9A 22502 ��EIHCTE: 1540) 662-41 85 1� of Surveyors �, FAQ: (540) 722-9528 Founded in 1971 w7m.greemmyer-g.com 22f i SHEET .S' OF 4 j Rage 1 of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA r A juL MIIST BE TYPED ' a91 FILLED OUT IN INE - PLEASE . PRINT 1. The applicant is the owner other Z. (Check one 2. APPLICANT: OCCUPANT: (if different) NAME : l .I' R'a E j �` —t -z- ADDRESS RFU "',Q- F51 ',Q-i Sl W i til.S �-� H t i. Llht.z i i r C VA- kw Gam. TELEPHONE: (c ( �)• — 4 t &!r NAME: 6 L-eki i`i C 0 aA ' ('—. ADDRESS: S !` AO- Doiji -4 CLLV2Ci4 t RAD TELEPHONE: Z .7 3. The property is located at (give exact directions and include State Route numbers): �- r 4. The property has a road frontage of �� feet and a depth of A t E ;coo feet and consists of _acres-. (please be exact) ! S -"-t S9 5. The property is .awned by Cao-�`-NJA ftq-r"rz as evidenced by deed from FJI-iLW_1.jS-e--YL recorded (previous owner) in deed book no. on page 5 + 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: 6ri-)S.-'v.,3iJeE i. 14 -Digit Property Identification No.: 76c S - 8. The existing zoning of the.property is:. �] 9. The existing use of the property is: ZV5 i h-�-- 10. Adjoining Property: IISE ZONING North L4u RCrit IP-/r East ya c-A�- -- KA - South P-;Z>i C�Z,..►-r#AL- JZ Ar West 9jU& t om.- iZ P 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.") AraiC-C „. ,to AN) C-4=- 12. 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 e NIJOAT 0S i G - 7 s , t-3 4L 13. Additional comments, if any Gleam Borror Lots - Variai ADJOINING PROPERTY OWNERS Macedonia Cemetery Association 76 -A -31A 1941 Macedonia Church Rd Gary E. Whitacre JENI Company Michael B. McDonald (DBA Cornerstone) Shoemaker Construction, Inc. Ronnie A. McDonald (DBA Ram Construction) Michael C. Schuelen (DBA MS Construction) Property ID: Glenn & Hattie Borror Submitted by Darren Foltz Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 76-A-34 76-A-49 76B-1-4-266 76B-1-4-267 768-1-4-268, 270 & 271 76B-1-4-269 7613-1-4-272 76-5-63A, 76-5-59, 76-5-61 P.W5ofS AGREEMENT / VARIANCE # / I (we), the undersigned, do hereby respectfully make application, and petition the Frederick County Board of Zoning Appeals (BZA) to grant a variance to the terms of the Frederick County Zoning Ordinance as described herein. I agree to comply with any conditions for the variance required by the BZA I authorize the members of the BZA and Frederick County officials to go upon the property for site inspection purposes. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the BZA public hearing and maintained so as to be visible from the road or right-of-way until the hearing. I hereby certify that all of the statements and information contained herein are, to the best of my knowledge, true. SIGNATURE OF APPLICANT ATE 0 SIGNATURE OF OWNER DATE (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF ) 0 f / ACTION: - DATE - APPROVAL SIGNED: BZA CHAIRMAN DENIAL DATE: CC>n2-��.� C� ti' � c 7�l � �.0 I;g;7 3q tfZO /rDOS.0 CC oAj t) i T7 0,AJE BZA REVIEW DATE: August 20, 2002 VARIANCE #16-02 GLENN AND HATTIE BORROR LOTS LOCATION: The property is located at the northern intersection of White Oak Road and Macedonia Church Road (Route 756). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 76-5-62,76-5-63A PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use -Residential ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Uses: Residential VARIANCE: 25 -foot front yard, 40 -foot left side yard and 25 -foot rear yard setback variances to enable a buildable lot. REASON FOR VARIANCE: No buildable area using current RA setbacks on existing lots. STAFF COMMENTS: The subject property was subdivided March 24, 1947 as evidenced by the deed included in the agenda. "Exhibit "A" illustrates the layout of the ten remaining lots which are zoned RA (Rural Areas). The zoning ordinance [§165-55A(1)&(2)] specifies the setbacks for these lots as being 60' front and 50' for the sides and rear. Exhibit `B" is a proposed plat for boundary line adjustments which would consolidate the lots in the following manner. Existing lots 63A and 62 are to be consolidated into a new lot indicated as (new) Lot 63. Existing Lot 61 and a portion of Lot 60 are to be consolidated into (new) Lot 61. Existing Lot 59 and portions of Lot 60 and 58 are to be consolidated into (new) Lot 59. Existing Lots 54-57 and a portion of Lot 58 are to become consolidated into (new) Lot 55 which will contain the existing dwelling and frame shed. The variance requests are directly related to the proposed boundary line adjustments. The boundary line adjustments related to the existing dwelling is not a part of this variance request and can be administratively approved. Exhibit "B" also illustrates that due to the applicable RA setbacks, no buildable area exists on proposed Lot 63. Variance #16-02 Glenn and Hattie Borror - Lot 63 Page 2 August 7, 2002 Exhibit "C" is illustrating the proposed setbacks per the subject variance requests. The applicant is requesting the following variance for proposed Lot 63 to enable the construction of a single family dwelling on each Lot.. Proposed Lot 63 is seeking: A twenty five (25') foot front yard setback variance, a forty (40') left side yard setback variance and a 25' rear yard setback 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. Strict application of the zoning ordinance in this case produces an undue hardship upon the applicant because given the applicable setbacks, dwellings cannot be constructed on the proposed lots without an approved variance (similar to the one requested). Other lots in the same zoning district have the same setback requirements but these lots are encumbered by current setbacks causing the properties to be unbuildable areas. Since two of the criteria specified in §15.2-2309 are met, granting this variance as requested would be justified. O:\Agendas\BZA\Staff Report\2002\Borror Lot I6_02.wpd C) (z 5P�D L ti Lu ra� HUSsmRY HOUSf W1 CARAGE-1 I L ti En 2 Tm/67 S�s Iq Ks /�A LLJ i 60 0 60 zo Exhibit "B" 60' BK 10 50- BRL. 65 s V, VA�z AZ, -7. Q< F -1 50, Ea 5P�D L ml ig-, ra� HUSsmRY HOUSf W1 CARAGE-1 I L 2 Tm/67 S�s Iq Ks /�A l i 60 0 60 0": r,q c , Pala, Lu c4 I GRAPHIC SCALE (W FEET) FINAL PLAT FOR'BOUNDARY LINE ADJUSTMENT -�"TH Op BETWEEN THE LANDS OF CLENN H. BORROR & E-4TTIE P. BORROR LOTS 54 — 63A FLINKHOUSER LOTS (DB 199 Pg 516) SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA _:U DARREN S. FOLTZ SCALE: 1, = 50, DATPE: JTUTNE 13, 2002 'o" No.o02257 9 C-REENTRNAY ENGNEERfl\\�G 151 WDIDY HrM LAND WniCIMMTP, VA. 22502 qy Eagir-eer gob p o- ==HONE: (54-0) 662-4185 `1114� Survey ors FAM (540) 722-9523 Founded in 1977 ir,-r.T.gr2en-.vayeng.ccm 2291 SHEET 3 Or 4 --------------- a 63 o r4O - N I 10' BRL 0 U -4 W to NL_ 10' BRL _J W ti N e N ti L10'BRL W N 2 e 0 -+ U N s 2 O � N U � � W U I N MATCHUNE SEE S SHEET NO. 4 e I +- o W o Exhibit "C" a 0, gc?PfiF3 U I -1 50' Ba LJ—�FWVE SHED I ( I � I ml Im — FX. 1157CRY BR/CK j I L HOUSt W/ G4R4GE—i- Z_ L 50' 8RL N I PSR U�1RlRcE R`�;� �s W ^ 62 "' Lf53 0 1 0 GR4PHIC SCALE (!N FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT BETWEEN THE LANDS OF CZLENN M RORROR & MTT`IE P BORROR LOTS 54 - 63A FUNKHOUSER LOTS (DB 199 Pg 516) SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA _ SCALE: 1' = 50' 1 DATE. JUKE 13, 2002 151 �"Pi IDY HLT L LANE Engineers WMC:lE-QTEP.. VA. 22502 Surveyors IZLEPHONE: (540) SS2-4185 PAM (540) 722-9528 Founded in, 1971 Trww.greenwayeng.ccm ,TH OF DARREN S. FOLTZ No.002257 ml 63 nl !�-G:z I 10' BRL JI 61 NL_ 10' BRL _J m� 10' BRL nl 59 L10'BRL I -1 50' Ba LJ—�FWVE SHED I ( I � I ml Im — FX. 1157CRY BR/CK j I L HOUSt W/ G4R4GE—i- Z_ L 50' 8RL N I PSR U�1RlRcE R`�;� �s W ^ 62 "' Lf53 0 1 0 GR4PHIC SCALE (!N FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT BETWEEN THE LANDS OF CZLENN M RORROR & MTT`IE P BORROR LOTS 54 - 63A FUNKHOUSER LOTS (DB 199 Pg 516) SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA _ SCALE: 1' = 50' 1 DATE. JUKE 13, 2002 151 �"Pi IDY HLT L LANE Engineers WMC:lE-QTEP.. VA. 22502 Surveyors IZLEPHONE: (540) SS2-4185 PAM (540) 722-9528 Founded in, 1971 Trww.greenwayeng.ccm ,TH OF DARREN S. FOLTZ No.002257 Page 1 of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA MUST B:@ TYPED -QR PILLED OUT IN I - PLEASE PRINT 1. The applicant is the owner other Z. (Check one) 2. APPLICANT: NAME: DN R.E,.1 ADDRESS C6tt�=�� TELEPHONE: fv(ra a'+ -- 14 i bi3 - OCCUPANT: (if different) NAME: Ci_E-ki N Q v a'(L : ('� ADDRESS: 1 NAGE W&)i 0-1 C GAD V -24t Pos U,'� 2Z TELEPHONE: S(,2q 2-9 7,4- 3. , - 3. The property is located at (give exact directions and include State Route numbers) :QcAD(V,-� -7 5 (-Q- 1 4. The property has a road frontage of ��� feet and a depth of �t� ,oc feet and consists of _acres. (please be exact) 5. The property is . owned by 67L----/Q-&J t i} to &a-4LA— as evidenced by deed from F�>�Jiro�x ��"Y� recorded (previous owner) in deed book no. on page moi_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: 6 H- " Z -7c 7. 14 -Digit Property Identification No.: 8. The existing zoning of the. property is:. 9. The existing use of the property is: V -V -,S i 10. Adjoining Adjoining Property: ZONING North L i+y (41t+ ?_ 1�%- East V At KA - South ZtZ5 i t);E "-t i Ai-- West i West REr_i Dc*jT)A- 11. - 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 5' yr AV-' r," �-C \/A4 -14A t-LC_C 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 G, 13. Additional comments, if any Glenn Ilorror Lots - Varian ADJOINING PROPERTY OWNERS Macedonia Cemetery Association 76-A-31A 1941 Macedonia Church Rd Gary E. Whitacre JENI Company Michael B. McDonald (DBA Cornerstone) Shoemaker Construction, Inc. Ronnie A. McDonald (DBA Ram Construction) Michael C. Schuelen (DBA MS Construction) Property ID: Glenn & Hattie Borror y2o Submitted by Darren Foltz Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 76-A-34 76-A-49 76B-1-4-266 76B-1-4-267 76B-14-268, 270 & 271 D ;� 76B-1-4-269 76B-1-4-272 76-5-63A, 76-5-59, 76-5-61 Pas. 5 of 5 AGREEMENT VARIANCE # �L_ 0 -31 I (wee), 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 1 D U SIGNATURE OF OWNER DATE (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF l /1 d(,r1, ) 0, 2 d> rC ACTION: - DATE - APPROVAL SIGNED: BZA CHAIRMAN DENIAL DATE: Ar CV/(?_2-c7?) - CO Ali � to 0,AJS 3q O- t�zoposo) CC rj 4) i T7 CAJS