BZA 07-16-02 Meeting AgendaAGENDA
FREDERICK COUN'T'Y BOARD OF ZONING APPEALS
The Board Room
Frederick County Administration Building
107 N. Kent Street
Winchester, Virginia
July 16, 2002
3:25 p.m. CALL TO ORDER
1) Determination of a Quorum
2) Minutes of June 18, 2002
PUBLIC HEARING
3) 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 65H-1-1-74 in the
Red Bud Magisterial District.
4) Other
FILE COPY
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 June 18, 2002.
PRESENT: James Larrick, Jr., Chairman, Gainesboro District; Thomas Malcolm, Red Bud District
(also representing Shawnee District); Robert Perry, Stonewall District; and Robert W.
Wells, Member -At -Large
ABSENT: Dudley Rinker, Back Creek District; Theresa Catlett, Opequon District; Lennie
Mather, Red Bud District
STAFF
PRESENT: Patrick T. Davenport, Zoning Administrator; Beth A. Hall, Secretary I (filling in for
Carol Huff, BZA Secretary)
CALL TO ORDER
The meeting was called to order by Chairman Larrick at 3:40 p.m. (The delay was
necessary to allow for a sufficient number of members to be present for a quorum.)
Chairman Larrick informed the Board that Variance # 11-02, David L. Goode, would
not be heard at this meeting, as the applicant requested a postponement until the August 20, 2002
meeting.
May 21, 2002 MINUTES
The minutes for the May 21, 2002 meeting were approved by unanimous vote after a
motion by Mr. Malcolm and a second by Mr. Perry.
PUBLIC HEARING (tabled from the May 21, 2002 meeting)
Variance #09-02 of Stonewall Orchard Lots, Section 2 (Lot 27) submitted by Rick Lafollette for
a 40 -foot left and right side yard setback variances to create a buildable lot for the construction of a
single-family residence. The property is located on Stonewall Drive (Rt. 858) in the Stonewall
Orchard subdivision, Lot 27, and is identified with Property Identification Number 53B-2-27 in the
Back Creek Magisterial District.
Variance #10-02 of Stonewall Orchard Lots, Section 2 (Lot 28) submitted by Rick Lafollette for
a 40 -foot left and right side yard setback variances to create a buildable lot for the construction of a
single-family residence. The property is located on Stonewall Drive (Rt. 858) in the Stonewall
Orchard subdivision, Lot 28, and is identified with Property Identification Number 5313-2-28 in the
Back Creek Magisterial District.
Frederick Co. Board of Zoning Appeals
Minutes of June 18, 2002 Minutes Book Page 1151
ACTION - APPROVED AS AMENDED
Variance #09-02 and #10-02 were being heard again so that the Board would have an
opportunity to review the house plans for the two lots.
Mr. Davenport briefly went over the new information which the applicant had
provided.
Chairman Larrick asked for public comment and Mr. Darren Foltz, of Greenway
Engineering, said that he was available for questions. Mr. Foltz stated that they had prepared the final
plats which showed the "footprints" for each house.
Chairman Larrick asked if anyone was present to speak against the variances and the
following persons came forward:
Mr. Tim Butcher, 113 Stonewall Drive, stated that he has lived there for 13 years and
strongly objects to even a 12 -foot variance being granted. He wants the 50 -foot setbacks enforced.
He does not want to live that close to another house, and objects to the installation of two more septic
systems.
Chairman Larrick explained the concept of "a regulatory taking" and the reasoning
behind why the County has to allow the applicant something in this case.
Patricia Smith stated that she has lived there since 1974 and agrees with all of the
points that Mr. Butcher put forward. She then asked where the garages were going to be placed. She
also questioned why the applicant couldn't be required to combine the two lots and build one house
which would conform to the setback requirements.
Lisa Butcher stated that she wanted to reinforce what the previous speakers had said.
She said that other home builders had tried to keep at least a 25 -foot distance between them. She said
that many of the homes were smaller in order to keep a distance from the next house.
DISCUSSION
Board members discussed at length various options for keeping the houses further
away from the immediate adjoiners, such as a staggered placement (one house further back than the
other one), or excluding the garage, but still allowing the applicant to build the house he had chosen.
On a motion made by Mr. Perry and seconded by Mr. Malcolm, the applications were
approved, as amended, as follows:
For Variance #09-02 (Lot 27), the Board granted a left side variance of 30 feet and a
right side variance of 40 feet. For Variance #10-02 (Lot 28), the applicant was granted a 40 -foot
variance on the left side and a 30 -foot variance on the right side. In this way, the houses would be
closer to each other rather than closer to the neighbors, if the applicant decides to build two houses
instead of one house on two lots.. The vote was unanimous in favor of this decision.
BE IT RESOLVED, THEREFORE, That Variance 909-02 and #10-02 of Rick
Frederick Co. Board of Zoning Appeals
Minutes of June 18, 2002 2 Minutes Book Page 1152
Lafollette for property in the Stonewall Orchard Subdivision are approved as amended: Lot
27 was granted a left side variance of 30 feet and a right side variance of 40 feet; Lot 28 granted
a 40 -foot variance on the left side and a 30 -foot variance on the right side.
Variance #12-02 of Alice L. Good for a 32 -foot front yard setback variance from a private right-
of-way for a proposed addition to an existing residential dwelling. This property is located at
206 Ritter Road and is identified with Property Identification Number 87A-1-39 in the Shawnee
Magisterial District.
Mr. Davenport presented the background information on the variance request. He
concluded by stating that due to the unique circumstances surrounding this property, the granting of
this variance would be appropriate.
Mr. Walter Goode represented the application. He stated that they were seeking the
variance in order to care for his mother, who was in failing health.
There was no one present to speak against the variance request.
DISCUSSION:
There was only one question regarding Breezy Acres Lane and whether it carried much
traffic. There were no other comments.
On a motion by Mr. Wells and a second by Mr. Malcolm, the variance was approved
by unanimous vote.
BE IT RESOLVED, THEREFORE, That Variance #12-02 of Alice L. Good for
a 32 -foot front yard setback variance from a private right-of-way for a proposed addition to an
existing residential dwelling was approved as requested by unanimous vote.
OTHER:
Mr. Davenport told the Board that he has been unable to reach Mr. Mike Chandler,
Extension Specialist, regarding the proposed Board ofZoning Appeals seminar. He said that he would
continue to pursue the matter and would present the information as soon as it is available.
There being no further business at hand, the meeting adjourned at 4:15 p.m. by
unanimous vote.
Respectfully submitted,
James Larrick, Jr., Chairman
Carol I. Huff, Secretary
Frederick Co. Board of Zoning Appeals
Minutes of June 18, 2002 3 Minutes Book Page 1153
BZA REVIEW DATE: July 16, 2002
VARIANCE #13-02
MANNING & ROSS BUILDERS, INC.
LOCATION: The property is located in Sovereign Village, Lot 74, on Wayfaring Drive.
MAGISTERIAL DISTRICT: Red Bud
PROPERTY ID NUMBER: 65H-1-1-74
PROPERTY ZONING & USE: Zoned RP (Residential Performance) District; Land use -
Residential
ADJOINING PROPERTY ZONING & USE: Zoned RP (Residential Performance) District; Uses:
Residential
VARIANCE: One -foot front yard setback variance for a single-family dwelling
REASON FOR VARIANCE: House built over front setback line due to shape of lot, sideline not
perpendicular to front.
STAFF COMMENTS:
The final subdivision plats establishing Lot 74 - Phase One, Section One of Sovereign Village, were
approved on December 6, 2001. Manning and Ross Builders, Inc. received zoning approval for a
single-family home building permit for Lot 74 dated April 19, 2002, as illustrated by `Exhibit "A". As
part of the permit process, the applicant indicated the proposed setbacks for the dwelling to be
constructed. The applicant indicated proposed setbacks of 42' front, 16' left side, 17' right side, and
105' feet in the rear.
The Zoning Ordinance § 165-23H(1) provides the survey location requirements for primary structures.
It states that: "A surveyor licensed in the Commonwealth of Virginia shall establish the location of any
primary structure that is five feet or less from any minimum setback requirement." The setbacks for
a single-family dwelling in the RP (Residential Performance) on this lot size are 35' front, l 0' sides, and
25' feet rear (§ 165-65C). Therefore, based on the initial setbacks provided on the building permit,
setback surveys were not required.
Manning & Ross Builders, Inc.
Page 2
July 2, 2002
The applicant submitted the building permit proposed setbacks in a layout that would not trigger the
survey requirements. As indicated on "Exhibit B" entitled "House Location Survey" prepared by
Greenway Engineering on June 21, 2002, the dwelling was constructed in a location that would have
required the aforementioned survey standards in order to avoid the subject variance. As indicated on
Exhibit `B", the dwelling was constructed 0.90 feet beyond the front setback of 35', 11.0 feet from the
left side and 11.1 from the right side. The applicant indicated that the reason for the front setback
violation was due to the lot lines not being perpendicular to the right-of-way. If the applicant would
have constructed the dwelling within the location of the proposed setbacks, this variance would not
have been necessary. The applicant is seeking a 1.0 -foot front yard variance to alleviate the setback
violation.
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 applicant should have accurately indicated the proposed setbacks on the building permit. Since
the survey requirements were not in effect for this building permit, the applicant was able to place the
dwelling where he/she desired. Since the applicant did not situate the dwelling within the proposed
setbacks, the subject front setback violation and subsequent variance application resulted. The
applicant constructed a dwelling in a location not consistent with the information submitted with the
building permit. The applicant's failure to provide accurate setback information at the time a building
permit was sought does not constitute a hardship. Therefore, denial of this variance would be j ustified.
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Page 1 of 5 APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
1. The applicant is the owner 'V other . (Check one)
2. APPLICANT: OCCUPANT: (if different)
NAME: M GLSA':"'_ s c55 ` ' NAME:
ADDRESS '�:li� �Jr7�C �� ADDRESS:
i�j «1 cher 4'
TELEPHONE: —/ Q-tS - 't � 6 TELEPHONE:
3. The property is located at (give exact directions and include
State Route numbers):
0U XjI i.c.,--� 'i JUN 2 1. 2002'
�E T,
4. The property has a road frontage of x0.00 feet and a depth
of feet and consists of acres,. (please be
exact) k
5. The property is .owned by M A�3'V i Q G— Rj�"s
as evidenced by deed from recorded
0-' Cq-� _ )-7(" (previous owner)
in deed ---book- no. on—page -of the deed
books of the Clerk of the Court for Frederick County. Attach
a copy of the deed.
(u0I�3Ua�
Page 2 of 5
6. Maaisterial District: k
7. 14 -Digit Property Identification No.: 65"1
8. The existing zoning of the.property is:_ ��
9. The existing use of the property is: �i;�:5 I —n N%,-
10. Adjoining Property: 11
USE ZONING
North ?-05 lZ
East,
South��
West 9-�S
11. Describe the variance sought in terms of distance and type.
(For example: "A 3.51 rear yard variance for an attached two
car garage.")
iank
�-
r
12. List specific reasons) 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
s) � S Q 0 F-
13. Additional comments, if any
page 3 of 5
14. The following names and addresses are all of the individuals, firms, or corporations owning
property adjacent to the property for which the variance is being sought, including properties at the
sides, rear and in front of (across street from) the subject property. (Use additional pages if
necessary.) These people will be notifd by mail of this application:
NAME�A�dress R,
J J
Property ID#
NAME 11(i (I -r() D n Address 9 0 � t, h-1 C/ U,eU e
J
Property ID# �i �t�
NAME�.� (�?(1� L�—Sh'LL �' Address
Property ID#
NAME; L ),i Address I a r'A i ('
Property ID#
NAME
Property ID#
NAME
Property ID#
Address
Address_
NAME Address
Property ID#
NAME
Property ID#
NAME
Property ID#
NAME
Property ID#
Address
Address
Address
Page 5 of 5
AGREEMENT
VARIANCE # 13- r),
I (we), the undersigned, do hereby respecfflMy 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 a
SIGNATURE OF OWNER
(if other than applicant)
BZA PUBLIC HEARING OF
APPROVAL
-OFFICE USE ONLY-
- DATE -
SIGNED:
DENIAL DATE:
ACTION:
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FINAL SUBDIVISION PLAT
SOVEREIGN v1LLAGE
SECTION ONE --PHASE ONE
RED BUD DISTRICT — FREDERICK COUNT,' VIR. GINIA
SCALE: 1 " = 50' DATE: OCTUBER 12, 2001
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WINDY HILL
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No. 002257
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FINAL SUBDIVISION PLAT
SOVEREIGN v1LLAGE
SECTION ONE --PHASE ONE
RED BUD DISTRICT — FREDERICK COUNT,' VIR. GINIA
SCALE: 1 " = 50' DATE: OCTUBER 12, 2001
e GREEN1����' ENC�INEEF�I�VC�
WINDY HILL
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No. 002257
Engineers WINCHESTER, VA. 22602 ' �ilr,. S,�TR
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LOCATION
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Plan 199-2001
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7VTI� q1v. F,� v. i I lw�,Jlnq
SO FEET: 23A5
NA7URF,/wRN: Single FaMily Owellim,,
- - - - - - - - - - -
- - - - - - - - - -
DFSCRTPTTON OF CGNSTRU77TION
LOCATION
- - - - - - - - - - - - - - - -
Pernit
Th.'� MAP fir;, i
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LOT: '4 BLOCK:
SE CT i 0 N:
- - - - -- - - - ---- - - -
- - - -- -- - - - - - - - - - - - - -
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- - - - - - - - - -
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- - - - - - - - - - - - - - - - - - - - - - - - - - -
DISTRICT: RED BuD
- - - - - - - - - - - - - - - - - - - - - - - - - -
7100 J 0 1 F,
FACE: 1 OV
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Plan 199-2001
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7VTI� q1v. F,� v. i I lw�,Jlnq
SO FEET: 23A5
NA7URF,/wRN: Single FaMily Owellim,,
- - - - - - - - - - -
- - - - - - - - - -
- - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - -
511 ldlno
Suldlno
- - - - - - - - - - - - - - - -
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SEE SHEET- 2 FOR
NOTES, LEGEND AND HOUSE DETAIL
30 0 JO
GRAPHIC SCALE (IN FEET)
HOUSE LOCATION SURVEY
LOT 74
SOVEREIGN KLIAGE
SEC7701V ONE — PHASE ONE
RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY VIRGINIA
SCALE: 1" = 30' 1 DATE: JUNE 21, 2002
GREENWAY ENGINEERING
151 WINDY HILI. LANE
Engineers WINCHESTER,
VA. 22602
Surveyors TELEPHONE: (540) 662-4135
r�crcded in 971 ATTACHMENT "B"
�TH oj7,1vN,
DARREN S. FOLTZ
No. 002257
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CONCRETE
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CONCREIF WALL WOODEN o�
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STEPS `r 11 T DECK (OPEN)
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57.5'
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BRL = BUILDING RESTRIC77ON UNE EM = ELECTRIC METER
PER RECORD PLAT S/W = SIDEWALK
CO = CLEANOUT D/W = DRIVEWAY
HYD = FIRE HYDRANT
NOTFS:
1. NO TITLE REPORT FURNISHED. EASEMENTS OTHER THAN SHOWN MAY EXIST.
2 FOR THE BENEFIT OF THIS HOUSE LOCATION SURVEY, THE LOT OR PARCEL SHOWN HEREON
IS BASED ON THE ORIGINAL SURVEY SHOWING LOT 74, SECTION ONE, PHASE ONE, OF
SOVEREIGN VILLAGE RECORDED AS INSTRUMENT/ 0 100 1 7362. TOPOGRAPHIC CONTOURS
SHOWN ARE BASED ON A CURRENT FIELD SURVEY.
3. NO PORTION OF THIS PROPERTY UES WITHIN 7HE 100 YEAR FLOOD ZONE AS SHOWN ON
FLR.M. COMMUNITY—PANEL # 510063 0120 B, DATED JULY 17, 1978.
4. TAX MAP REFERENCE' 65H—((1))—(I)-74, CURRENT OWNER. • MANNING & ROSS, LLC,
D.B. 948, PG. 1760.
5. PROPOSED FINISHED FLOOR ELEV. = 6420, BASEMENT FLOOR ELEV. = 633 .0, AND GARAGE
FLOOR ELEV. = 641.5 PER SOVEREIGN VILLAGE — SEC77ON 1 GRADING PLAN DATED 2/22/01
REVISED: 11/08/01 SHEET 2 OF 25.
HOUSE LOCATION-SL4RVEY
L07'174 } ' `' 'rx:9p
SOVEREIGN VILLAGE^
SECTION ONE - PHASE -ONE' E., )S D FCR GG 1.
RED BUD MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA DARREN S. FOLTZ
SCALE: N/A I DATE: JUNE 21, 2002 No. 002257
GREENVAY ENGINEERING
151 WINDY HILL LANE
Engineers WINCHESTER, VA. 22602 SIS
Surveyors TELEPHONE: (540) 662-4185
Founded in 1971 ATTRp CHMEN g+ "B" 35 SHEET 2 OF 2