Loading...
BZA 03-19-02 Meeting AgendaFILE COPY AGENDA FREDERICK COUNTY BOARD OF ZONING APPEALS The Board Room Frederick County Administration Building 107 N. Kent Street Winchester, Virginia March 19, 2002 3:25 p.m. CALL TO ORDER 1) Determination of a Quorum 2) Minutes of January 15, 2002 PUBLIC HEARING 3) Variance 903-02, 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. 4) Variance #04-02, 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. OTHER BUSINESS 5) Appointment of New Member 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 January 15, 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: Evan A. Wyatt, Planning Director; Patrick T. Davenport, Zoning Administrator; Rebecca A. Ragsdale, Planner I; Carol Huff, BZA Secretary CALL TO ORDER The meeting was called to order by Chairman Larrick at 3:25 p.m. NOVEMBER 20, 2001 AND DECEMBER 18. 2001 MINUTES The minutes for the November 20, 2001 and December 18, 2001 meetings were approved by unanimous vote upon a vote by Mr. Rinker and seconded by Mr. Perry. ELECTION OF OFFICERS FOR 2002 Mr. Rinker made a motion to re-elect the same roster as was in place in 2001, as follows: Chairman: James Larrick, Jr.; Vice Chairman: Teresa Catlett; Secretary: Carol Huff. Mr. Perry seconded the motion which passed by unanimous vote. BE IT RESOLVED, that the following persons are hereby re-elected to serve in their present capacity in the year 2002 on the Frederick County Board of Zoning Appeals: Chairman: James Larrick, Jr.; Vice Chairman: Teresa Catlett; Secretary: Carol Huff. PUBLIC HEARING Variance #21-01, Fairfield Inn & Suites, submitted for a 40' distance buffer variance to the Category A buffer requirements. This property is located on the north side of the intersection Frederick Co. Board of Zoning Appeals Minutes of January 15, 2002 Minutes Book Page 1133 of Front Royal Pike (Route 522) and Costello Drive (Route 1367), and is identified with Property Identification Numbers 6413-1-4 and 64B-1-5 in the Shawnee Magisterial District. ACTION - APPROVED Mr. Perry stated for the record that he would abstain from participation in the discussion and voting on this particular item. This application had been tabled at the December 18, 2001 meeting at the applicant's request. Mr. Davenport, Zoning Administrator, gave the background information. Mr. Mark Smith, of Greenway Engineering, represented the applicant. Mr. Smith stated that the variance is for the site plan for the hotel use. The shape of the lot is the main reason for the variance, and the change in the ordinance when the County instituted the buffering for B3 properties. Mr. Smith stated that they intended to put in a 10 -foot buffer, at grade, when they build the site. Mr. Steve Parrish, representative for the company that is actually building Fairfield Inn & Suites, told the Board that their company uses a footprint, or `cookie cutter' design, that is the same each time they build one and it wouldn't be practical to attempt a revision of this footprint. Dr. Jerry Grimes spoke on behalf ofthe three remaining residents (himself, Mr. Garber, and Mr. Awl) in the area of the proposed construction, and asked if a 20 -foot buffer could be constructed instead of the 10 -foot being proposed. He stated that they were asking for this extra buffering as a "good neighbor policy." Further concerns were about the impact on downstream, and the sewer/drainage easement that goes through his yard. Chairman Larrick stated for Dr. Grimes' benefit, and for the record, that he had placed in the file a copy of his position pertaining to the issue of a possible conflict of interest that Dr. Grimes had raised at the December meeting. Board members asked about when the area in question had changed from residential to mainly business and industrial, and additional questions about the easement issue. Dr. Grimes continued to express his concern about water run-off from the other businesses out there. Chairman Larrick asked Mark Smith if they would be willing to work on the problem. Mr. Smith stated that they would be willing to put in a 10 -foot buffer along the entire length of the back property line. There was no one else present to speak for or against the application; therefore, the public hearing portion of the meeting was closed. There was little discussion on the matter other than Mr. Malcolm's question on why couldn't the buffer be 20 feet instead of 10 feet. Mr. Smith came back to the podium and said there were two reasons for that: 1) sewer line that runs up through there; and 2) they need access to the manholes. Frederick Co. Board of Zoning Appeals Minutes of January 15, 2002 2 Minutes Book Page 1134 Mr. Rinker moved to grant the variance request with the understanding that the applicant would run the landscaping buffer the entire length of the back property line, as previously stated. Teresa Catlett seconded the motion which passed by majority vote, with Mr. Perry abstaining. BE IT RESOLVED, that Variance #21-01, Fairfield Inn & Suites, submitted for a 40' distance buffer variance to the Category A buffer requirements, was approved with the landscaping buffer to be installed at a 10 -foot width the entire length of the back property line. Variance #01-02, Lake Holiday Utility Company, submitted by Bushman Engineering, PC requesting variances of the 600' buffer requirement as follows: 593' from the northeast property line; 530' from the west property line; 550' from the south property line; 590' from the east property line; and 560' from the northern property line. The .96 -acre site is located in the "Summit at Lake Holiday" near Cross Junction on the south end of Lakeview Drive, 0.1 miles southeast of the intersections of Holiday Road and Lakeview Drive; and is identified with Property Identification Number 18 -A -28E in the Gainesboro Magisterial District. ACTION - APPROVED Chairman Larrick stated for the record that he has filed a disclosure which states that he owns property at the Summit; however, his property does not border the property which is the subject of the variance request. Rebecca Ragsdale, Planner I, presented the background information. She stated that the variance is being requested due to the size and shape of the lot, and because of the court order which the Summit is under to expand the sewage treatment facility. There is currently a building moratorium in effect which cannot be lifted until the expansion has been completed. Chairman Larrick asked if there were not a court order for the Summit to expand their wastewater treatment facility, would the staff's position still be one ofrecommendation to approve the request. Mr. Davenport replied yes, that due to the irregular shape of the lot, the variance would still be justified. Mr. Frank Heisey, President of the Lake Holiday Country Club Board of Directors, passed out a package to the Board which gave a history of the Summit and explained how they came to this point today. Mr. David Bushman, President and CEO ofBushman Engineering which is overseeing the expansion project, came to the podium and explained their phasing plan for the expansion. He also gave additional technical information. Questions from the Board included whether any odor problems existed, were the wastewater tanks currently open or closed, who was managing the plant, and what the time frame was for completing the expansion. The applicants stated that they have already placed information in their Frederick Co. Board of Zoning Appeals Minutes of January 15, 2002 Minutes Book Page 1135 newsletter for the people whose lots were currently under the moratorium to submit their building plans. Approval would be on a first-come, first -serve basis. Future needs would probably include the construction of another plant. Mr. Dan Hetland, property owner of an adjoining farm, was present to tell the Board that there is a sewer, odor and water problem at the Summit, and that he was opposed to any further expansion or new home construction. No one else came forward; therefore, the public hearing was closed. Mr. Malcolm moved for approval of the variance as requested and Mr. Rinker gave the second. The motion passed unanimously with all ayes from the Board. BE IT RESOLVED, THEREFORE, That Variance #01-02, Lake Holiday Utility Company, submitted by Bushman Engineering, PC, is approved for variances of the 600' buffer requirement as follows: 593' from the northeast property line; 530' from the west property line; 550' from the south property line; 590' from the east property line; and 560' from the northern property line for the purpose of expanding the wastewater treatment plant. Variance #02-02, Dove Family Co., LLC, submitted by Dove & Associates for a variance to the Frederick County Zoning Ordinance, Sec. 165-27E(1), Surface Material Requirements, and (3), Curb and Gutter Requirements. This property is located at 780 Airport Road and is identified with Property Identification Number 64-5-3 in the Shawnee Magisterial District. ACTION - TABLED UNTIL MARCH 19, 2002 Mr. Davenport gave the background information on Mr. Dove's request. The property which is the subject of the request is located within the Sewer and Water Service Area (SWSA) resulting in specific requirements of the Frederick County Zoning Ordinance needing to be met before the site plan can be approved. There were questions from the Board on the significance of being `in' or `out' of the SWSA and why the road realignment issue was not addressed in the staff report. Mr. Edward W. Dove, Managing Member of Dove Family Co., LLC, spoke on behalf of the application. He stated that when they contracted to purchase the property two years ago, the current zoning requirements were not in effect. He said that he was not aware of the code changes and that they were approved the same night his rezoning application was approved. He further stated that they were opposed to spending the amount of money it would take to comply with the new requirements because there is a possibility that realignment plans for Airport Road would `wipe out' whatever they do. In addition, he requested that they be allowed to construct the offices under the same conditions that AMK Products, Inc. (on the east side of the property) operates. Mr. Dove stated that they would be willing to bring the property up to current code requirements after they see which way Airport Road is going to go. Frederick Co. Board of Zoning Appeals Minutes of January 15, 2002 4 Minutes Book Page 1136 Further discussion ensued regarding the funding and timetable for the realignment project and the negotiations involved., and whether the BZA had the power to put a condition on a variance for something that they did not know whether it would happen or not. Mr. Evan A. Wyatt, Planning Director, spoke against the application. He spoke first about the realignment of Airport Road and confirmed that the project is now in the second phase; however, due to the current state budget constraints, he could not hazard a guess as to when the actual project might take place. Second, he addressed the issue of the ordinance and the intent of the Comprehensive Plan. He stated that the change in the ordinance that Mr. Dove was referring to was a result of a `loophole'in the ordinance which a developer was successful in holding the county to when AMK Products, Inc. was constructed. Additionally, Mr. Wyatt pointed out that double prime and seal and concrete wheelstops requirement in the ordinance was only if the property is located in RA (Rural Areas), not in M1 (Light Industrial), and if a waiver of the master development plan requirement had been granted. Mr. Wyatt agreed with Chairman Larrick's assessment that the BZA was not in a position to grant a temporary variance. The final item Mr. Wyatt addressed was Mr. Dove's contention that he was unaware of the pending changes in the zoning ordinance. Mr. Wyatt explained the process involved with the Development Review & Regulations Subcommittee (DRRS) and the public hearings that followed, and stated that at no time was there ever a negative comment received. He stated that many issues could be dealt with at the site plan review level, and that staff would be happy to work with Mr. Dove to resolve them. Mr. Dove requested that the application be tabled until the March 19, 2002 meeting to give him time to meet with staff and, possibly, work out an alternate solution. The Board agreed by unanimous consent to table Variance 902-02 until March 19, 2002. There being no further business at hand, the meeting adjourned at 5:20 p.m. Respectfully submitted, James Larrick, Jr., Chairman Carol I. Huff, Secretary Frederick Co. Board of Zoning Appeals Minutes of January 15, 2002 5 Minutes Book Page 1137 BZA REVIEW DATE: March 19, 2002 VARIANCE #03-02 WESTSIDE STATION - LOT 17 LOCATION: The property is located at the corner of Colin Drive and Colin Court at Westside Station, Lot 17. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 53E-1-2-17 PROPERTY ZONING & USE: Zoned RP (Residential Performance) District; Land use - Vacant ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Uses: Residential VARIANCE: 10 -foot setback variances on three sides of Lot 17 to create a buildable lot for the construction of a single-family residence. REASON FOR VARIANCE: See attached letter of justification from the applicant. STAFF COMMENTS: Lot 17 of Westside Station, containing approximately 8,658 square feet, was approved by the Subdivision Administrator on February 18, 1988. The Residential Performance (RP) setbacks for a dwelling on the subject lot are: 35' front, 25' rear and 10' on each side. Exhibit "A" illustrates the Lot 17 configuration with three sides of the lot having a front setback and the remaining side having a rear setback. According to the deed restrictions specified in Exhibit "A-1", the applicant is required to construct a dwelling containing a minimum area which would not be possible within the setbacks illustrated in "Exhibit "A." The applicant is requesting a 10' front yard variance for all three front setbacks to enable a proposed dwelling. "Exhibit B" illustrates the potential for the proposed dwelling to be situated within the setbacks requested by the variance. VAR #03-02, Westside Station, Lot 17 Page 2 March 11, 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 produces an undue hardship upon the applicant because given the applicable setbacks and the associated deed restrictions, a dwelling cannot be constructed on the property without an approved variance (similar to the one requested). Other lots in the same zoning district have the same setback requirements but this particular lot is uniquely encumbered by a three -sided front setback. Since two of the criteria specified in §15.2-2309 are met, granting this variance as requested would be justified. 09Agendas\BZA\Staff Keport\2002\Westside Station.wpd o' 53E 12 17 y v�� # 03 - 02 Location Neap For: Westside Station PI': 3E-1-2-17 -4 , r41 Page I of s APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA 1. The applicant is the owner x other . (Check one) 2. APPLICANT: NAME: Tibow, L.L.C. ADDRESS P.O. Box 809 Winchester, VA 22604 TELEPHONE:(540) 667-1266 OCCUPANT: (if different) NAME: ADDRESS: TELEPHONE: 3. The property is located at (gave exact directions and include ` State Route numbers): Go south on Merriman's Lane from U. S. Route 50 - take a right on Wayland Drive - follow Wayland Drive until it intersects with Colin Drive - take a left on Colin Drive and Lot 17 (subject lot) is on the corner of Colin Drive and Colin Court 4. The property has a road frontage of feet and a depth of feet and consists of acres. (please be exact) See Exhibit A attached hereto - Lot 17 Westside Station Subdivision is a lot that has road frontage on three sides. 5. The property is owned by Tibow, L.L.C. as evidenced by deed OMHnmpLon Enter rises a WV Partner -A8 rded (previous owner) in deed book no. 879 on page 476 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: Back Creek 7. 14 -Digit Property Identification No.: 53E-1-2-17 S. The existing zoning of the property is: Residential performance 9. The existing use of the property is: lo. Adjoining Property: VU North Residential 11. vacant RP East Ragi dpnti al RP South Resi�enti a1 RP West ReSi dr nti al RP ... Describe the variance sought in terms of distance and type. (For example: "A 3.5® rear yard variance for an attached two car garage.") See attached 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 See attached 13. Additional comments, if any VARIANCE APPLICATION PACKAGE 11. Because of the narrowness of the lot and its irregular shape, a setback line of 35' on three sides of said lot makes it impossible to construct a dwelling unit and meet the subdivision standards of 2000 square feet per residential lot. Exhibit A demonstrates the foregoing and Exhibit A-1 is from the Deed of Dedication indicating 2000 square feet building requirement. The requested variance is for a 25' building restriction line (instead of 35' building restriction line) in order to be able to place a house, build the same and meet the subdivision requirements. Exhibit B demonstrates the variance of 25' that is requested. Exhibit B-1 shows Lot 17 in relationship to the other lots in this portion of Westside Station subdivision. 12. As noted in 11 above, the narrowness of the lot and irregular shape when utilizing a 35 foot setback on three sides of the same renders the lot unbuildable and especially unbuildable if the same is to meet the requirements of the subdivision covenants and restrictions as set forth on Exhibit A-1. 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 notified by mail of this application: 1. NAME: Dennis R. Boyd ADDRESS: 2017 Colin Drive Winchester,° VA 22601 PROPERTY ID: 53E 1 2 3 2. NAME: William F. & Patricia A. Mortimer ADDRESS: 410 Pin Oak Drive Winchester, VA 22601 PROPERTY ID: 53E 1 2 4 3. NAME: Gerald S. & Sharon J. Gluch ADDRESS: 307 Colin Court Winchester, VA 22601 PROPERTY ID: 53E 1 2 10 4. NAME: Brent A. & Carolyn Knowles ADDRESS: 305 Colin Court Winchester, VA 22601 PROPERTY ID: 53E 1 2 11 5. NAME: James K. & Lisa K. Bailous ADDRESS: 303 Colin Court Winchester, VA 22601 PROPERTY ID: 53E 1 2 12 6. NAME: Michael G. Prelip Enterprises, Inc. ADDRESS: 161 Commonwealth Court Winchester, VA 22602 PROPERTY ID: 53E 1 2 16 7. NAME: Henri Perreault & Dolly Doherty ADDRESS: 2016 Colin Drive Winchester, VA 22601 PROPERTY ID: 53E 1 2 18 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. See attached Exhibit e, L^, sT,4, 5 � 7A 160 8K572PGf 84 1'�::1C7®I PIC T 7ecfion Z AlesAsIdg# G-torto,1017 'r`ee to9is�r-io/ OisAr-ick Fr-ede) -iCk �'oun1y, Vir-g'inio Scale: i~= Std' Dole' Alovember- zap.1�v67 A-V VKVVt,') P.MLT--T-IT,I� ICS C- C". :•;IIICIIESTER, VII=_GINIA ,—:-mJ.,+- CC. --ISI) SION i)I-I�i(,:v t1),iI'?ISTRATC.; Vt...E \�-, , ?: Cl- HIGHWAYS Dove 14sooclales Engineer-inq - P1611 -71 -7117q -SUI -11(f V11'79 //350 )Po.ndom ,Poad 007(f �Shacunee Drive Sul fe 750 /'O. fox 2035 Foir fo Y, (/.i-9i�ia lNi�chcsfer Virginia (70f)) 065-74/¢ tl70:f�) &�vT //0f DATn ;L_Z5_c1_L)_ _ DA --E DA' --E :-7 O� F}-ojed O NAI",$ LTob * 6=4005e U4 14) to Way- a N NZv/0UY �fh 0,A- i • MA O !. ... ,r Z6 Lot/7 Lots Lot4 =y Lot 5 �} Z�% sro i,�� Lot /-n Aj,-' Lot » +�,� a� 6.10 - _ _ ! Cor/4 �) sr5 /0 07 W 6755' Z� OA ,\ti Lot 5 �vta•or 4e E ati° 70.00_ .5.0 , n , . �1 •� Lot /8 m ;-615%0'O7%V //747' \ h 6� o= 1� b,61o5 Lot 6,6761 '10'--)a, 71*/17,-,V CDk-- [c(Y Erv" p Lot z 6.77/1 v o IO 85.00' 18.29' -ZA Lot to NZes•lo'o7'E• �i`r�ef r�'ur-�sc'r' ZZ = O N O yt/a Io'r7�d ©r--ive m _ /f3y,o_3.2�• 1 .-07, �1 N•�'�,"w zio.os 3r 1'z� vi 27A 1 •Ner'cbtf Ded:G'ofedFP.- , �b/�c Sfrecf Pines '- � 104.46• Z7 C33 �J CY) -Z Lot l5 y fv LotCO / N99 44 07 �t //3.5; E Lot 20 qj 7 ► r` a 9h,, -Pt n)f Page S of S AGREEMENT VARIANCE # V V O I (we), the undersigned, do hereby respectfiflly 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. THOW, SIGNATURE OF APPLICANT 02 y I� Tisinger,`�Iana er/Memb4r SIGNATURE OF OWNER DATE -:F D (if other than applicant) BZA PUBLIC HEARING OF -OFFICE USE ONLY- - DATE - APPROVAL SIGNED: DENIAL DATE: ACTION: : FR qN, LOT 17 Lal 8K705PG300 approval be raquired. 2. Lot Stormater kanaalement and Drainage. All lots shall be developed reapectinq the recorded stormwater drainage easamants for the subdivision. No structures, fences, aajor landscaping or any other obstacle which could limit the flow and velocity of storm runoff shall be placed within the drainage easementa. On those lots where recorded drainages easements are crossed by private driveways and sidewalks serving individual houses, the lot owner shall provided on site drainage culverts, ditches and/or bridges which are sited and located to accommodate the anticipated runoff volumes. The design for these drainage improvements shall be approved by Westside. ARTICLE V USE RESTRICTIONS AND BUILDING REQUIREMENTS 1. Land Use and Building Type. No lot in Westside Station shall be ua.rd except for residential purpoeas. Wo building shall be erected, altered..placed or permitted to remain on any lot other than one single-family dwelling. 2. Square rootage. No one story building shall be constructed on Iota with a fully enclosed first floor area of less than sixteen hundred (1600) square feet, e:cluaive of carports, garages and open porches. All other styles of buildings (i.e. two story, one and one-half story, etc.) shall have a total fully enclosed area of not leas than two thousand (2000) square feet. 4 • • • L.=3 7.29 �� 1a U �y� z -1-po83i� FREDERICK. COUNTY Winchester Corp. Line BZA REVIEW DATE: March 19, 2002 VARIANCE #04-02 DENVER AND CATHY QUINNELLY LOCATION: The property is located at 446 Fromans Road. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 71 -A -32A PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use -Residential ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Uses: Vacant VARIANCE: 20 -foot front yard setback variance and a 15 -foot side yard setback variance to allow additions to an existing residential structure REASON FOR VARIANCE: See attached letter of justification from the applicant. STAFF COMMENTS: The property owner is proposing an addition to the existing dwelling. The proposed addition will extend to within 20 feet of the front property line and within 15 feet of the north side property line. The Rural Areas (RA) Zoning District setback requirements are: 60' front, 50' sides and rear if the adjoining uses are residential or undeveloped residential. The applicant is requesting a 20 -foot front yard variance and 15 -foot side yard variance to enable the proposed construction. The dwelling is served by a driveway departing from a private access road adjoining the eastern side as illustrated in "Photo A." The front setback was determined to be located adjacent to a thru road identified by staff on "Exhibit A." The owner has indicated that the addition to the dwelling cannot be constructed in a westerly direction due to the topographical conditions of the property. The property owner would like to save the existing trees from construction of an addition in the southern direction as illustrated in "Photo B." As illustrated in "Photo C", the house is situated near the edge of a cliff. These conditions have established the need for the subject variance request. Denver and Cathy Quinnelly Variance Page 2 March 11, 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 property owner has obtained the support for the subject variance from adjoining properly owners as indicated in the enclosed letter dated February 11, 2002, submitted by Mark D. Smith of Greenway Engineering. The variance request does not fully meet the first two criteria specified in § 15.2-2309(2); however, due to the existing site conditions, granting the variance in this case would be justified. O:\Agendas\BZA\Staff Report\2002\DenverQuinnelly wpd f " , �.� 71 A 32 - , TTHC ASSOCIATES �. HUNTING, INC. / 1 I 1 i t R i 4 4 1 HUNTING, INC. / 72 A 6 i _ 1 1 i f ASSO TATE i 1 A 32B 1 1 1 i 1 i 1 1 i i i� 72 A B UNTING, IN 1 1 HUNTING, INC i 72 A 7 1 ERDWN 1 ______ 72 A 7A 1 / 1 623 lig / 1 f , 71 A 32A 62 a 623 J \\J1/ 62 L� \ VAR #04-02 Location Map For: Denver Quinnelly PIN: 71 - A - 32Ah-T� APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA MUST BE TYPED OR FILLED OUT IN INK — PLEASE PRINT 1. The applicant is the owner ❑ otherX (Check one) 2. APPLICANT: OCCUPANT (if different) NAME: Greenway Engineering NAME: Denver & Cathy Quinnelly ADDRESS 151 Windy Hill Lane ADDRESS 446 Fromans Road Winchester, VA 22602 Winchester, VA 22602 TELEPHONE 662-4185 TELEPHONE 540-869-6232 3. The property is located at (give exact directions and include State Route numbers): Located on the north side of Rt 623 (Fromans Road). 3000' east of the intersection of Rt 623 (Fromans Road) and Rt 622 (Cedar Creek Grade) 4. The property has a road frontage of N/A feet and a depth of NL feet and consists of 9.05 acres. (please be exact) Property is served by a private access easement of 1500 feet from a public right-of- way. ight-ofway. 5. The property is owned by Denver E. and Cathy S. Ouinnelly as evidenced by deed from Daniel T. Gnegy and Mary E. Gnegy (previous owner) recorded In deed book no. 887 on page 1194 of the deed book of the Clerk of the Court for Frederick County Attach a copy of the deed 6. Magisterial District: Back Creek 7. 14 -Digit Property Identification No.: 71 -((A) ) -32A r� WJ 8. The existing zoning of the property is: RA FEB 00 9. The existing use of the property is: Single Famb Residential 1A i4 -I1 -OZ d07.3?0 P ` = Page 2 of 5 10. Adjoining Property: USE ZONING North B=!,((A))-32.72-((A))-5 RA East 72-((-A))-5 RA South 71-((A))-3213 Nest Cedar Creek Coupty line of Frederick County and Shenandoah Caunt, 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 valiance is sought from Section 105-55 Setback Requirements Qf the 7.oning Qrdinance for front and Fde setbacks. A 20' front yard vadance is lou t and a 15' side yard variance is sought for a P3oposed garage and bedrooms addjtiQn (see attached sketch). The existing structure is a small log cabin and the new proposed structure is being placed on the existirtg parkinQ area for the residents QJ the house. Therefore, the area to be constructed upon is now an existjn�gravel parking area and wi not require any land disturbance or clearing of trees. Please see attached photos of house and parking area (photos A & BL 12. hist 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 The variance is being sought because of the topographic features of—the pro ert . Expansion to the west side of the house is not feasible because of the cliff -like terrain that drops to Cedar Geek along the Shenandoah County lime (see Rhoto C� Additionally, the lot itself being a total of 9 acres is p6marily steep slopes and unusable There is less than V -z acre of Ground where the house sits that is usable. The placement of the proposed addzt'ota on the existing_parking area functions wail with rbe floor plan of the existing house and eliminates any need for land disturbance or clearing of trees (2hoto D shows trees that would need to be cleared if variance is not granted) Additionally. Mr. Quinnelly has obtained concurrence for this proposed addition with the two adjacent property owners that are hunting clubs with the adjacent properties being used on a seasonal basis. Pleae see attached executed letter from the two hunting clubs. 13. Additional comments, if any For clarification the existir)g-gravel road used by the QuinneIlys as a driveway to their house also serves as one of multiple hunting access roads for the hunt clubs. The hunting access road veers to the right from the Quinnelly's driveway approximately 300' before you approach the hquse and is chained and gated and used on a seasonal basis_ This hunting access road was not considered as a rip-hr-of- way i hg t -of - way for setback purposes. 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 notified by mail of this application: NAME TTHC Associates Address PO Box 2527 Property ID# 71 -((A)) -32B Winchester, VA 22604 NAME Hunting Incorporated Address PO Box 2527 Property ID# 72-((A))-5 Winchester, VA 22604 NAME TTHC Associates Address PO Box 2527 Property ID# 71-((A))-32 Winchester, VA 22604 NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# Pale 5 of 5 AGREEMENT VARIANCE #0 -02. I (we), the undersigned, do hereby respectfully make application, and petition the Frederick County Board of Zoning Appeals (BAZ) 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 knowled; SIGNATURE OF SIGNATUREOF OPV (if other than applicant) -OFFICE USE ONLY BZA PUBLIC HEARING OF ACTION: -DATE- APPROVAL SIGNED: BZA CHAIRMAN n DENIAL DATE: Feb -18-02 10:19A 4, Q 't Feb 13 n2 12:20p I sl witity Hill 1 ane Wf gitadorr, Vitgitw► 22602 Imr�uW iu I/:i Fcbruaty 11, AM Frc&- ick County Ward o! Zoning Appe26 107 Sulk !scat Stix! Winchester, VA n— Wi ALAI: Patrick Davenport, Zoning AdoriaWrstor We; Quinnetly Satbick Variaaoo Lhmr Patrick On bcha)f of ow clicuM Mr. and Mss. Denver Qulaneny, Crf=way Enaiseuing has Prepadmd this leltzs to Aow the auppart and amcurtnincc by the adiscent prop>xty owner of *c landS owaW by Dunvct and QLhy QuiaavI4 ys reeacdrd in Deed Book 887, Page 1194 and Tax Map Paroe171.((A))-32A. As a4mo-ledged by the memdoo of the Seen and Agreed Stautneui below, 'n HC AMsoaatcs and Hunting locor7eratnl, waecindoes prims&y iarsted is a hanting club. docs htreby grant, concur, and apgrovt of a new housc addition to the exacaug log bite- We rcoogaizc that this addition will em%md into the CmWy setbacb and clay .r to a gittvel ecum drive. Please understand chat this acc=3 is oolY used an a eesseoal ttiae;s foe hunting club aedivitiwz. There is also a suhstw ial cizvad an diffircum bete=m the accm ro-A and the proposcd house addition_ I aim buprYul that our astcuting of this letter dlnflcujuscas oar fW? support of the setbracN varian= tcgvcsud by the QtkwCUys. if you have any glasuens or concerns, piece contact Mark Swilh at Gm mwaY E"F oceriag. T - Mark D- Sraidt. V.E., Ui- wealdeot The !following have *to and auctd to Ura above wo&lions5.. �. ^v. yir fptl a of AuWOrIZCd (t��,entativs jSO, Mv P. 02 a U., P.2 kink 17 e al es. tc Vi3nt Nac toad Tide ta Ditr Print {Manx and Titl e TTHC Awwaziatm H=tistg lnenrgeasted PO Sox 2527 PO BOX 25V W%chc stcr, VA 12� WUPZeatcr, VA VM4 1,na;n�sra ti�rosyon PIe s32g41MDSMW 121t�hnna S 1p.RdT.4ltl . 11US $4V-711-�52d urnnv. ai'Ki+twyV to � rrn» P. 02 a U., P.2 KYR a a N% N 21018'42"W u"Z) tt LI-I'L;TIVE JULY 17, 1978. --N'30036-41- ---� 58Q.26' W 342.87' CEDAR CREEK FLOOD ZONE A FLOODZONE C 9.052 ACRES FLOOD ZONE -C e°WERVN£ IPF HUNTING INC., 355/408 S8 W LRND OF DRNIEL T.,, & MRRY E. GNEGY BACK CREEK DISTRICT THIS IS TO CERTIFY THAT ON SEPTr%mER FREDERICK COUNTY, VIRGINIA 3, 1997 I :BADE AN ACCURATE SURVEY OF THE PREMISES SHOWN HEREON AND THAT THERE ARE NO EASEMENTS OR ENCROACFiMUTS VISIBLE ON THE may. .. OAK E \. R � 4jiF< � R »-- � 11/2 story 0dish bulldtn _ log home/ RTF 446 /`N ,O PLAT REFERENCE:D8. 486 P. 8 DEED REF. D8. 486 P. 1. EXHIBIT "An 0 ;r6 V U DAM M. URSTEi.kU Y: 1 4 NO, 1455 m `G; t 4 v- 10 N cn0 EO- .� V 0. crL IPs T 0 ;r6 V U DAM M. URSTEi.kU Y: 1 4 NO, 1455 `G; DATE: SEPT. 3, 1997 L , dAMIkLAN a • +.. •sem *'� _ _ '" � w, IHIL . ir. jr -%N JN. Le .. r 11 v- 1 � �� ... - fr.• 1�} ''�'�`�'' ,�"•.+'i�i�A/.�',�' M � ��Y Ma'rl� ., ''i. ! it .`�� =r Y x �`; �'• S rl' If: 'ti,, - 1 - 4` , •j L NO �� `- .,_yr%�•M • 3p, i r � jij�r '� Y • � � A /' " �. ..tr +C tee•-'`` �tti i �. a. � �el�" I• � �./' �" Jar'.. .�.- '...r Fi` � %%I 7-� i x # cQCV CO I � f s �s LO 02 00I lk ;o "Is S¢( a�" .3 ., ' - . Y . •f- - t 1' ice,,,.. 32 - 71, TH - - OF F a r . ;r � s �.. r ° " • °� ` 4` ( .BARK D. SMITH x � Vie: 4 ♦ t= r � �., rF ' K , ,d ' �-:..-' � � "� '� 0. 022P37 P. • '4 r .w.; s } �Vl t,% est, u , r 1 iyy r t ' '• .. _ ,... 7' fr{ 1 2,0 49 4k E- k t• � f I Fro af Road f '�''� #g i'' $�gi k, o� �o v ' !'x K r allawfrl 292- 369 r I' Gaj `• ' '� as it �•. �r � `- � ` y # J f 9A- O DATE: 2/21/02 e : y - t SCALE: 1'=600' c ' C SIGNED BY JN1' JOB NO. 3284 SHEET i OF i