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BZA 04-18-06 Meeting AgendaAGENDA FREDERICK COUNTY BOARD OF ZONING APPEALS The Board Room Frederick County Administration Building 107 N. Kent Street Winchester, Virginia April 18, 2006 3:25 p.m. CALL TO ORDER 1) Determination of a Quorum 2) Minutes of February 21, 2006 PUBLIC HEARING 3) Variance Request #02-06 of Donald Haley, for an 81' northern side yard and a 33' southern side yard variance. This property is located at 1008 Back Mountain Road (Route 614), and is identified with Property Identification Number 39-A-82 in the Back Creek Magisterial District. 4) Variance Request #03-06 of Matthew Robertson, for a 36' side yard variance. This property is located on East Parkins Mill Road (Route 644), Lot 51, and is identified with Property Identification Number 77-A-51 in the Shawnee Magisterial District. WITHDRAWN 5) Appeal Application #04-06 of Stephens City GF LLC, submitted by Greenway Engineering, to appeal the decision of the Zoning Administrator in the administration of the Zoning Ordinance pertaining to Section 165-30A(1), animated or flashing signs. The subject property is located at the northeast intersection of Fairfax Pike (Route 277) and Double Church Road (Route 641), being developed as Fredericktowne Crossing Commercial Center, and is identified with Property Identification Number 86-A-10 in the Opequon Magisterial District. 6) Variance Request #05-06 of P. Duane Brown, submitted by Marsh & Legge Land Surveyors, PLC, for a 20' side yard variance. This property is located at the southeast corner of the intersection of Double Church Road (Route 641) and Hudson Hollow Road (Route 636), and is identified with Property Identification Number 86 -A -260A in the Opequon Magisterial District. 7) 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, March 21, 2006. PRESENT: Theresa Catlett, Chairman, Opequon District; Robert Perry, Vice Chairman, Stonewall District; Dudley Rinker, Back Creek District; Lennie Mather, Red Bud District; Dwight Shenk, Gainesboro District; Kevin Scott, Shawnee District; and Robert W. Wells, Member -At -Large. ABSENT: STAFF PRESENT: Mark R. Cheran, Zoning and Subdivision Administrator; Bernard Suchicital, Planner I; Kevin Henry, Planning Technician; and, Bev Dellinger, BZA Secretary. CALL TO ORDER The meeting was called to order by Chairman Catlett at 3:25 p.m. On a motion by Mr. Rinker and seconded by Mr. Perry, the minutes for the February 21, 2006 meeting were unanimously approved as presented. Chairman Catlett asked Mr. Cheran the cut-off date for the next meeting. Mr. Cheran replied that Friday, March 24, 2006, is the cut-off date. PUBLIC HEARING Variance Request 901-06 of Roy Gottschalk, for a 30.5' variance on both sides of the property. This property is located in Lake Serene, on Lake Serene Drive, Lot 36, and is identified with Property Identification Number 31B-1-36 in the Gainesboro Magisterial District. ACTION — VARIANCE APPROVED Mr. Suchicital gave the staff report. Frederick County adopted performance zoning in 1967. The Frederick County historical zoning map shows this 1.00 acre property was zoned A-1 (Agricultural Limited) in 1972. The property setback lines at the adoption of the zoning ordinance were 35' front and 15' sides. Frederick County amended its Ordinance in 1989 to change the rural zoning districts to the current RA (Rural Areas) Zoning District, making the current setbacks for the property 60' front, 50'rear and 50' sides 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; 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 Frederick County Board of Zoning Appeals Minutes of March 21, 2006 Minute Book Page 1363 property, and that the character of the district will not be changed by the granting of the variance. As of the last public hearing held on February 21, 2006, the applicant was asked to reduce the amount of distance he was applying for, which was 35'. The applicant is now seeking a variance of 30.5' on the left and right sides of the property to build a residential structure of approximately 2,877.24 square feet in size. Should this variance be granted, the building setbacks for this property would be 60' in the front, 50' in the back and new side setbacks of 19.5. It appears that this variance meets the intent of the Code of Virginia, Section 15.2-2309(2). This request from the current setbacks of the RA zoning district may be justified. At the February 21, 2006 BZA meeting, Mr. Rinker made a motion that this request be tabled until the March 21, 2006 meeting in order to see a plat where the house is rotated so the variance can be minimized. Mr. Perry seconded this motion and it passed unanimously. Mr. Roy Gottschalk approached the podium and stated that he had submitted a new plat as requested. Chairman Catlett asked if anyone else is present in favor of the variance request who would like to speak and no one responded. Chairman Catlett asked if anyone who is opposed would like to speak. Mr. Clinton Ritter, representing Preston Moffett, asked, with the change, is the house 19.5' off of the property line now? Mr. Suchicital responded yes, it is. Mr. Ritter asked if that distance is on both sides, or the side that faces Mr. Moffett's home? The response was not picked up by the microphone and was unintelligible to the Secretary. Chairman Catlett asked if anyone else opposed to the request would like to speak and no one responded. The public hearing portion was closed. Discussion Mr. Rinker made a motion to approve the current variance request. Mr. Scott seconded the motion and it was unanimously approved. (Mr. Wells was not present for the motion and vote). PUBLIC HEARING Variance Request #02-06 of Donald Haley, for a 40' southern side yard and a 90' northern yard variance, resulting in 10' side yard setbacks. This property is located at 1008 Back Mountain Road (Route 614), and is identified with Property Identification Number 39-A-82 in the Back Creek Magisterial District. ACTION — VARIANCE TABLED Mr. Henry gave the staff report. Frederick County adopted zoning in 1967. The Frederick County zoning map shows this property was zoned A-2 (Agricultural General) in 1967. The property setback lines at the adoption of the zoning ordinance were 35' for the fronts (any time property faces a road) and 15' for the side yards. Frederick County amended its Ordinance in 1989 to change the rural zoning districts to the current RA (Rural Areas) Zoning District, making the current setbacks for the property 60' front, 60' to the rear, 50' to the southern side and 100' to the northern side, on which the Frederick County Board of Zoning Appeals Minute Book Pae 1364 Minutes of March 21, 2006 g adjoining property is used agriculturally. This property is unique in that it has two front yards because of the existing road location. Frederick County zoning requires a 100' setback for any dwelling adjoining a lot which provides an agricultural land use. The proposal for a 90' variance on the north boundary would be a drastic decrease from the required setback. 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; 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 is seeking a variance of 40' on the southern side and 90' from the northern side to replace an existing mobile home. Should this variance be granted, the building setbacks for this property would be 60' for each of the front yards (road frontage), 60' in the rear, and would change to 10' on the sides. It appears that this variance meets the intent of the Code of Virginia, Section 15.2- 2309(2). This request from the current setbacks of the RA zoning district maybe justified. Mr. Wells arrived at 3:30 pm. Mr. Perry asked if a footprint of the proposed dwelling was submitted. Mr. Cheran stated that the applicant can speak to that. A boundary line adjustment was done in 1999 on this property which was a correction to get that house in compliance. In doing so, Mr. Haley lost some property. The mobile home has always been there and Mr. Haley can tell you what size house he wants to put on the property. Just to give clarification, this is a clean-up after 1999. Mr. Rinker asked what the overall width of the property is. Mr. Henry stated that he believes it's roughly about 75'. Mr. Perry stated that if you're dealing with a dimension that's roughly 75', how do you know that you need a 10' setback on each side. Mr. Henry stated he doesn't know what the square footage of the house is. Mr. Donald Haley approached the podium and identified himself. Mr. Haley stated that he has a house trailer and it's been there since 1965 and he is trying to get a house put in to eliminate the trailer. That's why he needs the variance, because he doesn't have enough clearance on each side of the property to get the house in there. But there is enough room to get an emergency vehicle through there if needed. Chairman Catlett asked Mr. Haley if the proposed house would face Hayfield Road. Mr. Haley responded that the back of the house would face Hayfield Road and the front would face Back Mountain Road. Ms. Mather asked if it is similar to the orientation of the trailer now and Mr. Haley replied about like the trailer is facing now. Chairman Catlett asked Mr. Haley the square footage of the proposed house. Mr. Haley said the Frederick County Board of Zoning Appeals Minutes ofMarc_h 21, 2006 Minute Book Page 1365 size of the house is almost the same length as the trailer. It's 54' long and 35' wide. Mr. Perry asked what the width of the lot is at that point. Mr. Haley said the width of the lot leaves approximately 15' on each side. Mr. Perry stated that he doesn't like dealing in approximations. Mr. Rinker asked if the house is going to be on the same location as the trailer is now. Mr. Haley said no, it's set back about 75' from where the trailer is because the well is right beside the trailer and the requirements are 50' away from the well. Ms. Mather asked if anyone has come out and located where the house will be on the lot. Mr. Haley responded he had a contractor come out and spot where the house should be on the highest point of the property. Chairnlan Catlett stated it will be farther away than it is presently and it appears as though there's not a house close by on the Fox property. Ms. Mather asked Mr. Cheran if it is possible to ask Mr. Haley to give them a footprint of the house as it affects the property and come back to the BZA. Mr. Cheran stated this is up to the Board members. Mr. Perry stated that his problem with the whole situation is he cannot support a variance without knowing the width of the lot and where the structure is going to go. Therefore, we don't know how much variance we have to grant. Mr. Perry stated that with the shape of the lot, the only thing he can see to do is to have the lot surveyed. Mr. Haley stated from fence line to fence line, there's almost 100' - about 98'. That's in between where the house is going to be located. Chairman Catlett told Mr. Haley that the concern of the Board is without knowing the exact width of the lot, it's hard to determine exactly the amount of the variance to be granted. She asked him if he had had the property surveyed. Mr. Haley stated they surveyed property line to property line, but that was it. Mr. Perry made a motion to table this variance request until the Board has sufficient information required to grant the variance that is needed. Mr. Rinker seconded the motion and it passed unanimously. Chairman Catlett advised Mr. Haley to get with Mr. Cheran so he could explain what it is that he needs to get to come back to the meeting next month. Frederick County Board of Zoning Appeals Minutes of Mardi 21, 2006 Minute Book Page 1366 PUBLIC HEARING Variance Request #03-06 of Matthew Robertson, for a 36' side yard variance. This property is located on East Parkins Mill Road (Route 644), Lot 51, and is identified with Property Identification Number 77-A-51 in the Shawnee Magisterial District. ACTION — VARIANCE TABLED Mr. Henry gave the staff report. Frederick County adopted zoning in 1967. The Frederick County historical zoning map shows this property was zoned A-2 (Agricultural General) in 1967. The property setback lines at the adoption of the zoning ordinance were 35' for the fronts, 25' for the rear and 15' for the side yards. Frederick County amended its Ordinance in 1989 to change the A-2 zoning districts to the current RA (Rural Areas) Zoning District, making the current setbacks for the property 60' front, 50' rear and 50' on both sides. This variance would change the setbacks for the side yards to 14'. 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; 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 is seeking a variance of 36' for both side yards. Should this variance be granted, the building setbacks for this property would be 60' in the front, 50' in the back and would change to 14' on the sides. It appears that this variance meets the intent of the Code of Virginia, Section 15.2- 2309(2). This request from the current setbacks of the RA zoning district may be justified. Mr. Henry further stated that there is some steep grade toward the rear of the property, not allowing the applicant to build the house in that area, as well as the drainfield being in this portion of the parcel. That is why Mr. Robertson has requested to build the house in the top part, near the road. The width is 70'. Mr. Henry stated that the applicant has submitted two floor plans with slightly different square footage. Someone is here today to represent Mr. Robertson, who is not available. Mr. Perry asked Mr. Henry if the proposed dwelling is going to be perpendicular with the road out front, with the front property line. If it isn't, the lot is not 70' wide perpendicular to the side lot line because the 70' is on an angle. Mr. Henry stated that he didn't exactly follow what Mr. Perry is saying. Mr. Perry said if you go to the road, Route 50, that front lot line is not perpendicular to the side lot lines. It says that it's 70' at that point, but if you come back and go perpendicular to the lot lines, the lot is not going to be 70' wide. Mr. Perry's question is, is the house going to be parallel with Route 50 or perpendicular to the lot lines. Mr. Henry stated the applicant's representative could probably answer that, because two different plans were submitted. Mr. Perry stated this is the same situation as the last request. Chainnan Catlett asked if the applicant is present and Mr. Henry stated that someone is here to Frederick Countv Board of Zoning Appeals Minutes of March 21, 2006 Minute Book Page 1367 represent him. Mr. Robertson's wife is in labor. Mr. John Goode approached the podium and identified himself as Mr. Robertson's stepfather. Mr. Goode stated that realizing the road isn't perpendicular to the side lines of the property, the orientation of the house if you run it parallel with the side lines, may be less than 70'. But if you were to locate the house parallel with those side lines, the house also wouldn't be perpendicular with the road, but to take advantage of the most use of the property, Mr. Goode believes his son is going to locate the house parallel with the property lines. If you rotate it and the reason he's asking for as much variance as he is, in case he did want to have a little rotation, because the drive will be coming down approximately parallel with the property lines and the house as well. Depending upon the width of the house he chooses, he's going with the pre -fab home and they come in different dimensions, varying from 24' to 38' or 40'. Depending on the variance he got approved, he was going to try and narrow that down. Mr. Goode said that Mr. Robertson has a couple of floor plans picked out, but there is an existing drainfield in the back of the property and he can't build back there. Mr. Goode stated that Mr. Robertson has a contract, which he believes is extended until April 1St due to the schedule of this meeting, on the property that's contingent on the variance approval, going with the 36' variance, giving 14' on either side, that may be a little less due to the geometry of the road orientation where they show the 70'. But actually on a plat he has that was for the permit, it looks as if the line to the left actually isn't parallel to the line on the right, it looks like it's over more as well. Chairman Catlett asked Mr. Goode if the Board could look at what he just referenced and Mr. Goode handed the sheet to Chairman Catlett. Mr. Perry didn't think they could go by that, it was a sewer permit. Mr. Perry asked Mr. Goode if Mr. Robertson knew now whether he's going to build a 41' wide house or not. Mr. Goode responded Mr. Robertson hasn't definitely decided which floor plan he wants because if he gets less variance approved, that would change. If the Board approves the 36' variance, he not only wanted some land for the house but also if he ever wanted to add a deck on, he wanted to have a little leeway in the location of the house. Mr. Rinker stated they need to know the size of the house so they know what variance to grant. Mr. Goode stated that Mr. Robertson was hoping to have 14' just so he could utilize putting the house at that location. Mr. Perry made a motion to table this variance request until they have the information they need to grant the variance. Mr. Rinker seconded the motion and it passed with a majority vote. Ms. Mather questioned whether the Board can request that Mr. Cheran not present anything unless there is a house location survey. Mr. Cheran stated that he will look into the stakeout survey, to see if he is able to require that. Frederick County Board of Zoning Appeals Minutes of March 21, 2006 Minute Book Page 1368 OTHER Chairman Catlett asked if there is any other business to come before the Board. As there were no other items or new business to be discussed, the meeting adjourned at 4:35 p.m. by unanimous vote. Respectfully submitted, Theresa B. Catlett, Chairman Bev Dellinger, Secretary Frederick County Board of Zoning Appeals Minutes of March 21, 2006 Minute Book Page 1369 VARIANCE APPLICATION #02-06 RONALD HALEY Staff Report for the Board of Zoning Appeals Prepared: April 10, 2006 Staff Contact: Kevin T. Henry, Planning Technician This report is prepared by the Frederick County Planning Staff to provide information to the Board of Zoning Appeals to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. P )ARD OF ZONING APP EA �S HEARING DATE: E March 21, 2006 - Action Tabled April 18, 2006 - Action Pending LOCATION: 1008 Back Mountain Road (Route 614) MAGISTERIAL DISTRIC T : Back Creek PROPERTY IIla NUMBER(S): 39-A-82 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Use: Agricultural South: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: Agricultural West: RA (Rural Areas) Use: Agricultural VARIANCE REQUESTED: A 33' southern side yard variance and an 81' northern side yard variance, resulting in a 17' southern side yard setback and a 19' northern side yard setback. REASON FOR VARIANCE: Narrowness Variance Request #02-06, Donald Haley April 10, 2006 Page 2 STAFF COMMENTS: Frederick County adopted zoning in 1967. The Frederick County historical zoning map shows this property was zoned A-2 (Agricultural General) in 1967. The property setback lines at the adoption of the zoning ordinance were 35' for the fronts (any time property faces a road) and 15' for the side yards. Frederick County amended its Ordinance in 1989 to change the rural zoning districts to the current RA (Rural Areas) Zoning District, making the current setbacks for the property 60'front, 50' to the Southern side and 100' to the Northern side, in which the adjoining property is used agriculturally. This property is unique in that it has two front yards because of the existing road location. Frederick County zoning requires a 100' setback for any dwelling adjoining a lot which provides an agricultural land use. The proposal for an 81' variance on the North boundary would be a drastic decrease from the required setback. STAFF CONCLUSIONS FOR T14E APRIL 18, 2006 MEETING: The Code of Virginia, Section 15.2-2309(2), states that no variance shall be authorized by the Board unless it finds that a) strict application of the Ordinance would produce an undue hardship; 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 is seeking a variance of 33' on the southern side and 81' from the northern side to replace an existing mobile home. Should this variance be granted, the building setbacks for this property would be: 60' for each of the front yards (road frontage), and would change to a 17' southern side yard setback, and 19' northern side yard setback. It appears that this variance meets the intent of the Code of Virginia, Section 15.2-2309 (2). This request from the current setbacks of the RA zoning district may be justified. SUMMARY AND ACTION OF MARCH 21, 2006 BZA MEETING: Mr. Perry made a motion that this request be tabled until they have sufficient information required to grant the variance that is needed. Mr. Rinker seconded the motion and it passed unanimously. iP Dry '•P/ P P � I/ J\ O a N ' Ca 00 N = 1 —0 < O LL � � 1 O M / o a _ tl if iP Dry '•P/ P P � I/ J\ O a N ' Ca 00 N = 1 —0 < O LL � � 1 O M / o a _ tl � .- - - � v}. -_ - � .ice _ .; • i I i a L � Nori mit.. ` ' -. _ •. S ♦� l f�K •rte I o"- p 0 J. OO N Y rsn ' CCS 00 N = rn O Q O N LL a w - c o E < O M E > c `- o o"- p E n E J. Y rsn 4��e�00 rn C s - � o - o Qzo a w - c o E R { LL E c 00 ,lu0 A&v_ ;;0 CQ — 0 6 OCT 7 9 IL)05 APPLICATION rf OR VATUAlio.7 W TEE C(j)UL'iTYOFlj-REDERiar,,vip,.,,c,n�Tf,A,. Al 7-/--- 7 -A, Z L 451 1. The applicant is the owner other (Chcelk one) 2. APPLICANT: OCCUPANT: (if different) NAME: All ADDRESS 16C,9' ADDRESS: TELEPHONE: -2� --377.- A771 TELEPHONE: 0 -- 3. The property is Jocwedat (give exact directions and include State R ute numbers): beLs): 4. '1 be property has a road frontage of Igc feet and a depth of 6 feet and consists of J, -acres (please be exact). Page 5 of 9 5. ?hepropextyisownedby 'Dorjo�-W L,Ili I li as evidenced by deed from ��j S j= ,'1 i (pre:'ious owner) in deed book no. W-7 on page _ 319 of the deed boobs of the Clerk of the Court for rredericls County. Hease a:teach a Copy Of the recorded deed - 6. Magisterial District: 0-12 e- 7. Property Identification No.: -� 9 - Iq - S .� 8. The existing zoning of the property is: "A?w 9. The existing use of the property is: 10. Adjoining Property: ESE North _ C�,e ; , East e South CS :� �,J 'West 1 t. Describ,the variance sought in terms of distance and type. (For example: "A IT rear yard variance for an attached two -car garage.") '4(, C� ? go, Id - 12. l i2. List specific reason(s) why the variance is being sought iiia te,�,s of Z -k exceptional narrowness, shallowness, size or shape of property, P rty, or exceptional topographic conditions or other extraordinary situation or condition of property, or the use or development of property immediately adjacent thereto Page 6 of 9 13. Additional comments, if any: 14. The following names and addresses are 311 of the in"iHdualsfirms,orcorporat� C -Vi ,_Cns owning property adjacent to the property fur which the variance is being so -Light, including properties at the sides, rear and in front of (across street tom) the subject property. (Use additional pages if necessary.) These Ple-OPle will be notified by mail of This application: Page 7 of 9 Z— 0 C -C' Address 0 L 4"e- W -Wtj!F;T Property ID Address 3C S' I Propert 7-0 Property ID ff c? Address Pmpmly ID Address L Y S Propel' ID 7 k, Address Ptopefty ID # Address ID # Address Property ID # Page 7 of 9 5. Pro vide a sketch of the property (yon ,,�y use this page or attach engineer's dmwing?. Slow proposed and/or existing structures on the property, including measurements to all property lines and to the nearest structure(s) on adjoining properdes. Please include auy other exhibits, d::awings or photographs with this auplicati on. IO A Lz= rd Go Page 8 of 9 S49, voa AGRE4 EREEEN T %IAMAN071,0 (Number to be assigned by the Planning Dept.) I (we), the undersigned, do hereby raspea-ffilly mane application., and petition the Frederic' County Board of Zoning Appeals (BZAIJ to grant a varmice to the term of the Frederick County Zoning Ordinance as desedibed herein. I agree to comply with any conditions for the Nrarianc4,-required by the BZA_ I authorize the members of the BZA and Frc,-eerirk County officials to go upon the property f'2'o r site inspection purposes. I lunderstand teat the sj:P issued to me -when this application is subn2lfted TMast be placed at the front properiy line at least seven (7) CISVS DI-lor to the BZ.A_ public hcarina and maintained so as to he visible from the road or light -of -way until the hearing. I hereby certify that all of the statements and information containedher iare, to the best ofmy Rowledge, true. SIGNATUTIRE OF A_FP LUC;tli-f 01>- SEGNAMURE OF OWNEER "if other ihan appli DATE -GEST CE USE ONLY- BZA P-LJBAT-"IC HEARING OF I / / f— /(�'ACTION: DAIT� APPROVAL j -3 Z A I H -A' MR A L4 IN I1 41 1 DENLA-1, DATE: Page 9 of 9 132—fl /" 91%. M A I "'m jj * O O Z� X O� OD MU Y 10 S d all 1- obQ�r (a19 Z OF < \rto �,��,g r , ray S J In 1' o J.. 4Q Z ao �. r( �ON m rn r��a < 00 . r.�•� I 1 r 00 co IDW 1` N O I Lo l U') I O N O U-3 a I 1 M 00 N l� O LD M d - Lo N 35717'46" E 99.66' Uo 5®UIiH NAR FI E. oo O ROAD 10 R/W a0. „QiGoma r QiGz n'� i 41m oa al'sw� w W U H NtDO d'n7OOiDOr -o'. -C) 1Ocy O'- O N'd N dt N N� N 1'1 -3zi W 3:- y� -3:-i � 3z: 3i W co OID ID of (`l Is co 01 M I D M M i f 1 O D O l O 1 D 0 V' 10 N 100111 'It 10010 Z Mit l`l N M 1V to N MO �;-i0.-NO bo -a00-t a 0<t LD �t M M If) M Lo Pr) m ZZZ In Z In ZZZZ W Zr(�1 J J_ 1 M��D J J l0 J J raD J J O 0/-- J J VARIANCE APPLICATION #03-06 MATTHEW ROBERTSON Staff Report for the Board of Zoning Appeals Prepared: April 10, 2006 Staff Contact: Kevin T. Henry, Planning Technician This report is prepared by the Frederick County Planning Staff to provide information to the Board of Zoning Appeals to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. BOARD OF ZONING APPEALS HEARING DATE: March 21, 2006 - Action Tabled March 31, 2006 - Applicant Withdrew Request April 18, 2006 - Action Withdrawn LOCATION: East Parkins Mill Road (Route 644), Lot 51 MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER(S): 77-A-51 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) Land Use: Vacant ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Use: Business South: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Residential VARIANCE REQUESTED: 36' variance for side yards (resulting in 14' side yard setbacks) REASON FOR VARIANCE: Narrowness Variance Request #03-06, Matthew Robertson April 10, 2006 Page 2 STAFF COMMENTS: Frederick County adopted zoning in 1967. The Frederick County historical zoning map shows this property was zoned A-2 (Agricultural General) in 1967. The property setback lines at the adoption of the zoning ordinance were 3 5' for the fronts and 15' for the side yards. Frederick County amended its Ordinance in 1989 to change the A-2 zoning districts to the current RA (Rural Areas) Zoning District, making the current setbacks for the property: 60'front, 50'rear, and 50' to both sides. This variance would change the setbacks for the side yards to 14'. STAFF CONCLUSIONS FOR THE APRIL 18, 2006 MEETING: The Code of Virginia, Section 15.2-2309(2), states that no variance shall be authorized by the Board unless it finds that a) strict application of the Ordinance would produce an undue hardship; 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 is seeking a variance of 36' variance for both side yards. Should this variance be granted, the building setbacks for this property would be 60' in the front, 50' in the back, and would change to 14' on the sides. It appears that this variance meets the intent of the Code of Virginia, Section 15.2-2309 (2). This request from the current setbacks of the RA zoning district may be justified. SUMMARY AND ACTION OF MARCH 21, 2006 BZA MEETING: Mr. Perry made a motion that this request be tabled until they have the information they need to grant the variance. Mr. Rinker seconded the motion and it passed with a majority vote. APPLICANT WITHDREW THIS VARIANCE REQUEST ON MARCH 31, 2006. CQUM%Y of F.REDEIRICK Department of April 4, 2006 Mr. Matthew Robertson 112 Plantation Dr. Winchester, VA 22602 RE: VARIANCE REQUEST #03-06 FAX: 540[665-6395 Dear Mr. Robertson: This letter will confirm your verbal withdrawal of the above -referenced application on Friday, March 31, 2006. Your request on parcel bearing Property Identification Number 77-A-51 was for a 36' side yards variance. We would appreciate it if you will submit your withdrawal in writing to this department as soon as possible. Your written withdrawal will be presented to the Board of Zoning Appeals members at the April 18, 2006 meeting, so that this matter may be concluded. If you have any questions, please feel free to call this office. Sincerely, 4r"Cheran - Zoning and Subdivision Administrator MRC/bad cc: Jane Anderson, Real Estate John Trenary, Inspections Robert Kennedy, 2264 Senseny Rd., Winchester, VA 22602 107 North Kent Street, Suite 202 - Winchester, Virgrmna 22601-5000 APPEAL �PPLICAT IIO -04-06 X41 �y� STl EP c M CITY GF LLC 14 Staff Kusa` for the 3oard o� Zoni -gig AppeaRs w Prepared: aril_ 10, 2006 a, Staff Contact: Foam K. Cheran, Zoning Administrator 29 Th is report is prepared by the Frederick County Plannir'.g Staff to provide information to the Board ofZcning Appeals to assist them in making a decision on this request. It may also he useful to others interested in this zoning matter. BOARD OF ZONING APPEALS HEARING DATE: April 18, 2006 - Pending L OCA: T ION: Northeast intersection of Fairfax Pike (Route 277) and Double Church Road (Route 641), being developed as Fredericktowne Crossing Commercial Center. MAGI; STt:Rt'tAL DISTRICT: Opequon PROPERTY IID NUMBERQ: 86-A-10 PROPERTY ZONTING & USE: Zoning: Land Use: ADJOINING PROPERTY ZONING & USE:, North: Zone RP (Residential Performance) East: Zone RP (Residential Performance) Zone M2 (General Industrial) South: Zone B2 (General Business) West: Zone RP (Residential Performance) Zone B 1 (Neighborhood Business) Zone B2 (General Business) B2 (General Business) District Commercial (Under Construction) Land Use: Residential Land Use: Residential Land Use: Commercial Land Use: Residential, Commercial APPEAL: To appeal the decision of the Zoning Administrator in the administration of the Frederick County Zoning Ordinance, Section 165-30A (1), animated or flashing signs. REASON FOR APPEAL.,: Applicant is appealing the decision of the Zoning Administrator as to the use of LED (Light Emitting Diode) signage in Frederick County. Appeal Application #04-06, Stephens City GF LLC April 10, 2005 Page 2 STAFF COMMENTS: The applicant is appealing the decision of the Zoning Administrator in the administration of the Frederick County Zoning Ordinance with regards to LED (Light Emitting Diode) signs. The Frederick County Zoning Ordinance does not define this type of sign; Section 165- 4 of the Frederick County Zoning Ordinance authorizes the Zoning Administrator to make interpretations and applications of the zoning ordinance. Historically, Frederick County has not allowed this type of signage. Any changes to the Frederick County Zoning Ordinance are a legislative action and not within the scope of the Board. Furthermore, Section 165-30 A (1) of the Frederick County Zoning Ordinance does not allow animated or flashing signs within Frederick County. Section 165-156 ofthe Frederick County Zoning Ordinance defines animated and flashing signs. (See attachments). STAFF CONCLUSIONS FOR THE APRIL 18,2006 MEETING: Staff is requesting to affirm the decision of the Zoning Administrator in the administration of the Frederick County Zoning Ordinance, Section 165-30A (1) and Section 165-156, Sign, H & I, that LED signage is not permitted in Frederick County. 16 r� J co O �'� �uE;hnnnan ® C ' O O N �Q - >> 1 w Q z O :+ z" - Bg bNBgSg���Hlb ^ co /4/�4ob . bb J I� 1 at N r 00 ! u g � rc rc rc ® \` , - No - U 'i NS� INbHJ tope O,y +sf�6d '_ b 9 J :.:.�.✓ V JN7 �08Sb1' .N H138bZ/13 l y � ANbW � a c � pg b b3N N.0 J7 r S(� 4p�da'1�v is � c 86 A 14 £ Q sg ygSVP JASBO. INC w 9 c3 m U F o • m QQ LL U a 00 y iz BOWMAN, JAMES L& JANE H. m� g W m m �o y �,,n!o1\� a�M HdIbB'S3NIH t 3 O St LS all ' a E . wx t�b0, bS >Z6, 0 C � b9 lu aaF-777 ■ �P i y �� n�nel•)r �40 guclian \ m c E u . o . 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COUNTY of f" RF-DERl a K Department of Planning and Developrnent 540/665-5651 FAX: 540/665-6395 C ER. T IFIE D MAIL February 27, 2006 Evan Wyatt, AIC? Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: Zoning Determination of Proposed Signage (Frederie"k owp--e Crossing) Property Idientificat on Number (FTI): 36-A-10 .Zoning District: B-2 (Business General) Dear Mr. Wyatt: This letter is in response to your correspondence dated February 15, 2006, to the Zoning Administrator requesting a zoning determination on signage on the above -referenced property. In the correspondence, you referenced the proposed sign for Martin's will be of an LED (Light Emitting Diode) type. Section 165-30 of the Frederick County Zoning Ordinance does not specify this type of sign, but prohibits the use of animated and flashing signs in Frederick County. This type of sign has the ability to used as an animated or flashing sign. Furthermore, Section 165-4 of the Frederick County Ordinance allows the Zoning Administrator to make interpretations of the applications of the Zoning Ordinance. Frederick County has traditionally not allowed the use of these types of signs. You may have the right to appeal this zoning determination within thirty (30) days of the date of this letter in accordance with Section 15.2-2311 of the Code of Virginia. This decision shall be final and unappealable if it is not appealed within thirty (30) days. Should you choose to appeal, the appeal must be filed with the Zoning Administrator and the Board of Zoning Appeals (BZA) in accordance with Article XXI, Section 165-155A(1) of the Frederick County Zoning Ordinance. This provision requires the submission of an application form, written statement setting forth the decision being 1,07 North Kent ;street, S€Ate 202 e -,Ali nch ester, Virginia 22601-5000 Page 2 Mr. Evan Wyatt Re: Zoning Determination of Proposed Signage (Fredericktowne Crossing) Winchester, VA 22602 appealed, date of decision, the grounds for the appeal, how the appellant is an aggrieved party, any other information you may want to submit and a $300.00 filing fee ($250.00 filing fee and $50.00 refundable sign deposit). Once the appeal application is accepted, it will be scheduled for public hearing and decision before the BZA. Contact me regarding any questions you may have at (540) 665-5651. Sincerely, ark R. C eran Zoning Administrator cc: Stephens City GF, LLC. 1000 North Front Street, Suite 500 Wormleysburg, PA 17043 MRC/dlw APPLICATION FOR APPEAL IN THE COUNTY OF FREDERICK, VIRGINIA MUST BE TYPED OR FILLED OUT IN INK — PLEASE PRINT 1. The applicant is the owner ® other ❑ (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: Greenway Engineering NAME: Stephens City GF LLC ADDRESS 151 Windy Hill Lane ADDRESS 1000 North Front Street Winchester, VA 22601 Wormleysburg, Pa 17403 TELEPHONE: (540) 662-4185 TELEPHONE: (717) 731-0700 3. The property is located at (give exact directions and include State Route numbers): The property is at the northeast intersection of Fairfax Pike (Route 277) and Double Church Road (Route 641), which is being developed as the Fredericktowne Crossing Commercial Center. 4. Magisterial District: Opequon 5. 14 -Digit Property Identification No.: 86-((A))-10 6. The existing zoning of the property is: B-2, Business General District 7. The existing use of the property is: Commercial (Under Construction) Adjoining Property: The ADDlicant is annealinsa a zoninv determination made by the Frederick County Zoning Administrator, in which the use of LED (Light EmittingDiode) technology for gas prices on the Fredericktowne Crossing Commercial Center Business Sign is being interpreted as an animated or flashing sign and is therefore not permitted for this project. (Please refer to attached Zoninsi Determination Letter sinned by Mark R. Cheran, Zoninia Administrator, dated February 27, 2006. 10. Describe the basis of the appeal, indicating your reason(s) for disagreeing with the decision. (This may be provided on separate sheet.) The Applicant's basis for appeal of the zoning determination is as follows: This business sign is designed to allow for the gasoline prices to be modified through LED (Light Emitting Diode) technology, which is anticipated to occur no more than once a day at a maximum. This LED portion of the business sign does not promote actual motion or the illusion of motion, nor is there a repetitive cycle for constant changes in the sign message; therefore, this business sign does not fall under the category of animated or flashing signs as defined by the Frederick County Zoning Ordinance. ➢ The Applicant does not believe that the use of LED technology to depict gasoline prices constitutes either an animated or flashing sign. 11. Additional comments, if any: N/A USE ZONING North Residential RP East Residential RP & M2 South Commercial B2 West Residential & Commercial RP; BI & B2 9. Describe the decision being appealed. (Attach a copy of the written decision.) The ADDlicant is annealinsa a zoninv determination made by the Frederick County Zoning Administrator, in which the use of LED (Light EmittingDiode) technology for gas prices on the Fredericktowne Crossing Commercial Center Business Sign is being interpreted as an animated or flashing sign and is therefore not permitted for this project. (Please refer to attached Zoninsi Determination Letter sinned by Mark R. Cheran, Zoninia Administrator, dated February 27, 2006. 10. Describe the basis of the appeal, indicating your reason(s) for disagreeing with the decision. (This may be provided on separate sheet.) The Applicant's basis for appeal of the zoning determination is as follows: This business sign is designed to allow for the gasoline prices to be modified through LED (Light Emitting Diode) technology, which is anticipated to occur no more than once a day at a maximum. This LED portion of the business sign does not promote actual motion or the illusion of motion, nor is there a repetitive cycle for constant changes in the sign message; therefore, this business sign does not fall under the category of animated or flashing signs as defined by the Frederick County Zoning Ordinance. ➢ The Applicant does not believe that the use of LED technology to depict gasoline prices constitutes either an animated or flashing sign. 11. Additional comments, if any: N/A 12. The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the appeal is being sought, including properties at the sides, rear, and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notified by mail of this application: (Please list complete 14 -digit property identification . -number.) 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OJw w O 0 mi O UUy Z w 0- 7 0 Z .a b F z J O m m O r� o o Q U z w ¢ z p a 0-¢ y m Z m Y O ¢¢¢ p¢ w ¢ w J m m G¢> a Q r LL a w a 0 z m S p o¢¢¢ w .0y a 0 o-<< r>Tt x= a U. 0- a- Z U� m O m� ¢¢ O W J a m F- O f Q W p F z Q p a< J w U¢ g Q I w W¢¢ w a¢= xU <I, Z xO U m J o G Z 3 Z NS x ii z -¢ 0 m LL w¢ zxJwwQO2zwOz>Q Y Z Z Z 2alwwoxw 00 `G 7 p U a 0 Q 2� w W z J_ Z a � J¢ 2 J¢<'.002 ¢ 2 p Q W 0 2 Z Z -01 J W O Z W U a r .0..w gam3LLin30YLL�(7mrws�¢3mmr 000 �aaaaQ- ¢aa 000c�oou oo O c�ooc�0000 oo G AGREEMENT APPEAL # C zl— C6 I (we), the undersigned, do hereby respectfully petition the Frederick County Board of Zoning Appeals (BZA) to overrule the administrative interpretation of the County Zoning Ordinance as described herein. I agree to comply with any conditions required by the BZA. I authorize the members of the BZA and Frederick County officials to go upon the property for site inspection purposes. I hereby certify that all of the statements and information contained herein are, to the best of my knowledge, true. ``�:��.,.+.� rte . �,•� w, SIGNATURE OF APPLICANT 4,� DATE: S' 1 SIGNATURE OF OWN 2 / r � �® �� DAVE - (if other than applicant) ._.. 11 In _j d 6 {LL ( e 1 IL'L.''�.� ��' �1�(,ly�—� ���'�'"'.f'� �x�f Z' ��J�./�J (���L!��tY`1,C:�'�l,+Lii:�/�� �`'/f�' � �•��'�� -OFFICE USE ONLY - ,f / BZA PUBLIC HEARING OFACTION: -DA E- APPEAL OVERRULLED —A APPEAL SUSTAINED Rev u9» SIGNED: DATE: BZA CHAIRMAN v 37 Ln N N to -A kO O M z N O z z z g a U) 'v cu E E O U a) Ia. Y �o u- 0 a' c.r eP- U) v O n :�C D .',R, E D E R I C K "TCS WNE CROSSING MARTIN'S FOOMPHA ®I4 ACY/ 'f4Si.J6,.INE 'UNLEADED �IT� �I1� I I s I I I II PLUS 1�1� Uill 11,I I PREMIUM �ul (I I, UP TENANT TENANT T ,1\,DINT I TENAPIT TENANT TENANT TENANT TENANT TENANT TENANT TENANT TENANT 5 . 5 R8 W do 'VARIANCE APPLICATION 905-06 P. lt➢UANE DROWN Staff Report for the Board of Zoning Appeals Prepared: April 10, 2006 Staff Contact: Kevin T. Henry, Planning Technician This report is prepared by the Frederick County Planning Staff to provide information to the Board of Zoning Appeals to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. BOARD OF ZONING APPEALS HEARINGID, ATi+ : April 18, 2006 - Action Pending LOCATION: Southeast corner of the intersection of Double Church Road (Route 64 1) and Hudson Hollow Road (Route 636) I ACISTER)IAL DISTRICT: Opequon PROPERTY Ifs NUMBER(S): 86 -A -260A PROP'ERT'Y ZONING &FTSE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Residential, Agricultural East: RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Residential VARIANCE REQUESTED: 20' variance for eastern side yard (resulting in 30' side yard setback) REASON FOR VARIANCE: Narrowness Variance Request #05-06, P. Duane Brown April 20, 2006 Page 2 STAFF COMMENTS: Frederick County adopted zoning in 1967. The Frederick County historical zoning map shows this property was zoned A-2 (Agricultural General) in 1967. The property setback lines at the adoption of the zoning ordinance were 35' for the fronts and 15' for the side yards. Frederick County amended its Ordinance in 1989 to change the A-2 zoning districts to the current RA (Rural Areas) Zoning District, making the current setbacks for the property: 60'to the fronts, 50'rear, and 50' to the eastern side. This variance would change the setbacks for the side yard to 30'. STAFF CONCLUSIONS FOR THE APRIL 18, 2006 MEETING: The Code of Virginia, Section 15.2-2309(2), states that no variance shall be authorized by the Board unless it finds that a) strict application of the Ordinance would produce an undue hardship; 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 is seeking a 20' variance for the eastern side yard. Should this variance be granted, the building setbacks for this property would be 60' on both fronts, 50' in the back, and would change to 30' on the eastern side. It appears that this variance meets the intent of the Code of Virginia, Section 15.2-2309(2). This request from the current setbacks of the RA zoning district maybe justified. S6 A RosetOEARLWAYNE RGER 86 A 244B WELCH, BRUCE E 4- 't> k' N 1p fAz b sb- 9B 02 0, U C Q Z J Q � � J N } Q O w U' W Z }Q m 0 o U N 3 W Q LL Z O � 2 � � O K 86 A 244B WELCH, BRUCE E 4- 't> k' N 1p fAz b sb- 9B 02 0, U C ' J®r _..4 NBERGER��RLWAVN� # ` RASE \ W4e N r � i Z 1. W y O cD c J ¢ m �m w CD (cu N � Q N > v o A. W i� p Z > LU ✓ lN' goo. ��� fMn z / a¢ x N W z Q W Z I R w fV f z f Z W+ a 1 Z �O F� 2 E $ E SE R12Q�.�.0 ¢m - fpl�j; S4 r _ Q 13 C ¢ - E Id v S2 44 N W N ¢ p LLJ _ 'il 3000 co ¢ Of T.. b S'b� .i:�9s 120, i. (• moble 86 A 244B ` WEL('Hi BRUCE E �d� APPLICATION FOR VARIANCE IN THE COUNTY OF FREEDERICK, VIRGINIA -OFF-ICE USE ONLY - Variance Application Ivo.'_��, =' Submittal Deadline:`? ' Submittal Date: ..; !S 6 For the meeting of Fee Paid: v5§ initials'.—),6 Sign Deposit�76, I�/IUST DE TYPED OR FILLED OUTIN IN 1NIC - PLEASE PY_TNT 1. The applicant is the owner other / . (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: PDvQrne'. Brown NAME: 0 ADDRESS &o If. Va. Z2&a- 61 TELEPHONE: o4-1� ADDRESS: TELEPHONE: The property is located at (give exact directions and include State Route numbers): -1-ha corne-r- c Ae 0-F "114 Sec R-fe &4-1 ✓Dou:ble C;IUM4 J?OalS� cpnd VQ- Sao—'Ve. 4 34;,( lr.dza^ gohl®des Ragd). The property has a road frontage of ?&5 feet and a depth of feet and consists of e.cp.2_3 acres (please be exact). Page 5 of 9 5. The property is owned by 14/a crr, d ,L= , i Wr;g `, ' as evidenced by deed from L s� at e Fin k recorded (previous owner) ice— -c- a- a e, _14&4 -RO. rrm,of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: o 7. Property Identification No.: 8. The existing zoning of the property is: 9. The existing use of the property is: F?,-s;o 6a4;a c 10. Adjoining Properly: USE ZONING North Re,5J&n1;a I �? East ,fie s;Jen-i-e-o i RA South Re - -e- E,RA West 'es;d / Ria 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 Zo' nedur-4;4mP° of side- voA .c4bar_k fr orn 6o" f0 o' IF of a 12. List specific reason(s) why the variance is being sought in terms of: exceptional narrowness, shallowness, size or shape of property, or exceptional topographic conditions or other extraordinary situation or condition of property, or the use or development of property immediately adjacent thereto Currenf Zan;ng. Se_¢%*r_ks (epi Prarn h;sjhwa , r:ck14-o-,-;,ay 6� S; C roc S �r�s" '�° fG V5 r!�F�C �E C9as C)t.►i /�laa Eta QrGGr Page 6 of 9 13. Additional comments, if any: `fh,, s!r. a , •o _ g e_ctaorsC:no ua;$i rsr V;:Lriroit? ` `s / Ded. mfr ���+�"38C3®C!-�+7iOOL b® i ii rJ;� 2-Iii-Incle— ' eClr l�}.i1s 'B QrjR,I'.&,Zd9 ire—ersru.>�42n— Arp,na e:4— rnoroyartpen s a..;;_l Crec"fly 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 Coac 5 6. �r'� �.�6` �r�.s . Kz 145 zz&55 Address 977e. rc,.61C Ckur= % RG., srl� :,'-y,q Property ID # 91. '05 �54lier- 14. �2 ✓� 5 Address Ise,,z ao,,bde Cjic,rCl, t� !.., S;r,&- rh ens C4y' Va. Property ID # S& .; o s earA 4. ire -Ff Address ; 7�� �d�b►� Ch�rei9 Ret.. ✓z°•ep�Ihe:s� .�� �' Property ID # S& -A - w a z C ! Wr'i f� �¢ �• Address 194'P-'yC- C...4' wh;Pe Va. Property ID # Seo -, -• ? e� Address iSfl Double- Churce, Rd., 5fept,&ns C;4y, Va. Property ID # 36, " A -z ev £ s��lsgr �'. C�ee�er�rj�r Z Off: !j5 Address j&n5 Church ., �er�fiell5C,�r, tla. Property ID # Ozv Address Property ID # Address Property ID # Page 7 of 9 15. Provide a sketch of the property (you may use this page or attach engineer's drawing). Show proposed and/or existing structures on the property, including measurements to all property lines and to the nearest structure(s) on adjoining properties. Please include any other exhibits, drawings or photographs with this application. Page 8 of 9 AGREEMENT VARIANCE # (Number to be assigned by the Planning Dept.) 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. SIGNAT��jURE OF APPLICANT DATE Ma;7a -, g, 2c�� SIGNATURE OF OWNE"Ex�� .. � �' � f�� /�/ ,��`3 DATE (if other than applicant) -OFFICE JSE QNL Y- BZA PUBLIC HEARING OF_�ACTION: - DATE- SIGNED: APPR OVAL BZA.. CHAIRIWAN DENIAL DATE: Page 9 of 9 Special Limited Power of Attorney County of Frederick, Virginia Al"!ann ng Office, Coun , of Frederick, vire nia, 107 North Kent Street, Winchester, Virginia 22661 Phone 540-665-5651 Facsiw.iie 540-665-6395 Know All Men By These Presents: That I (We) (Name) P' k1or1rg ord Lin dn (Phone) K4G-849-4017 (Address) l2r= ParapCewjr-t White 865 a Va. 22&c7"3 the owner(s) of all triose tracts or'parcels of land ( 'Propel Ly ' conveyed to me (use, by deed r ecor LLGLL in thC-; Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. a x) oo i s 9-ocs, & 'e Parcel: Lot: Block: Section: do hereby make, constitute and appoint: and is described as Subdivision: P J,hl. &p -A -,e_&oA (Name) F Orme, 13roc:.,r, (Phone)X40-l�l�i�o l�+es (Address) 6&o M. Lowdc up, Si:. ?��;.,en����:c-• i/d�. ?..;?Gv0 d To act as my true and lawful attorney-in-fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: ❑ Rezoning (Including Proffers) ❑ Conditional Use Permits ❑ Master Development Pian (Preliminary and Firm) ❑ Subdivision ❑ Site Plan .11 SzA My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (ov) hand and seal thus —1— day of C1,uej1 , 2000,, Signature(s) State of Virginia, City/County of �.d�a I.�Lcj'` _S fTo-wit: I, �Ak tzJ-�ai�, Kti oiwr, a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who is (are) known to me, personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this rJ day of `"f'Y1�t , 200 & . My Commission Expires: Notary Public i , VC) �j PIN 86-A-260 ` EX. �EX. DWELLING \SEX. SETBACKS` ?114 86-A-266. , k, 100 _ 0 100 200 SCALE: 1 " = 100' EXISTING SITE CCINDITIONS PROPERTY OF F. WAYNE and LINDA ARIGHT OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: 03/10/2006 1 SCALE: 1"=100' I SHEET 1 OF 1 / 560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 DRAWN BY: CAJ PHONE (540)667-0468 — FAX 540'667-0469 — EMAIL office@marshandlegge.com DWG NAME: ID7495-DF \ w \\ EX. DWELLING",,, WELLING � � v \ \ EX. SETBACKS or IN cli 0 \\©ms's \\ , i 00 40 0 40 8C) \\ SCALE: 1 " = 40' EXISTING SITE CONDITIONS PROPERTY OF FA WAYNE and UNDA dvusGHT OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: 03/10/2006 1 SCALE: 1"=40' 1 SHEET 1 OF 1 Marsh &Legge Land u e � rs9 560 NORTH LOUDOUN STREET �- WINCHESTER, VIRGINIA 22601 —� PHONE (540) 667-0468 – FAX(540)667-0469 – EMAIL office@marshandlegge.com DRAWN BY: CAJ DWG NAME: ID7495-DF sz EX. DWELLING �\ \ � V \\ EX. DWELLING '. \ (TO BE REMOVED)` \ ►� \ PROPOSED �\ \�\ \\ �' PROPOSED SETBACK vo \ \0 \ 48'x28'(VARIANCE REQUEST) V'�� \ � DWELLING \ EX. SETBACK \ \\ 40 0 40 80 \\ \ SCALE: 1 " = 40' VARIANCE REQUEST (SIDE YARD SETBACK REDUCTION) PROPERTY OF F. V'a`lor eN and LINDAa. WRI'13"HT OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA I DATE: 03/10/2006 1 SCALE: 1"=40' 1 SHEET 1 OF 1 �-� Marsh & Legge Lane &9ur ey nAs PIAo 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 DRAWN BY: CAJ �;l PHONE (540) 667-0468 - FAX (540) 667-0469 - EMAIL marshandle office@ 99 e.com DWG NAME: ID7495-DF