BZA 01-17-06 Meeting AgendaAGENDA
FREDERICK COUNTY BOARD OF ZONING APPEALS
The Board Room
Frederick County Administration Bui;ding
107 N. Kent Street
Winchester, Virginia
January 17, 2006
3:25 p.m. CALL TO ORDER
1) Determination of a Quorum
2) Election of Officers and Adoption of Bylaws
PUBLIC FEARING
3) Variance Request #28-05 of Beverly Longerbeam, for a 5' variance on both sides of the
property. This property is located on Gun Club Road (Route 666), and is identified with
Property Identification Number 45-2-C in the Stonewall Magisterial District.
4) Other
FILE COPY
VARIANCE APPLICATION #28-05
BEVERLY LONGERBEAM
Staff Report for the Board of Zoning Appeals
Prepared: January 9, 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:
January 17, 2006 - Action Pending
LOCATION: Gun Club Road (Route 666)
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBERN: 45-2-C
PROPERTY ZONING & USE: Zoned: RA (Rural Areas)
Land Use: Vacant and Residential
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas)
South: RA (Rural Areas)
East: RA (Rural Areas)
West: RA (Rural Areas)
Use: Agricultural
Use: Residential
Use: Residential
Use: Residential
VARIANCE REQUESTED: 5' variance on both sides, with 45' setbacks
REASON FOR VARIANCE: Narrowness of the lot
Variance Request #28-05, Beverly Longerbeam
January 9, 2006
Page 2
STAFF COMMENTS:
Frederick County adopted zoning in 1967. The Frederick County historical zoning map shows this
1.13 acre property was zoned A-2 (Agricultural General) in 1972. The property setback lines at the
adoption of the zoning ordinance were 35' for the front, 25' to the rear 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'rear and
50' to the sides.
STAFF CONCLUSIONS FOR THE JANUARY 17, 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 5' on both sides of the property (East and West). 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 45' 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.
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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 L/ other . (Check one)
2. APPLICANT: OCCUPANT: (if different)
NAME: NAME: 1�,%}
d
6e4A 121r 6-1 1 46 -1-1�i C- '
ADDRESS X1 ADDRESS:
dZ� s Sl -
TELEPHONE: G� S� �`� c TELEPHONE:
3. The property k located at (give exact directions and include State Route numbers):
Cd rr4 a V a-�- t 1 I s% 4eikc a-
Laeprc)(, 3/q ov, 6v�-i Lb
_Csolp"x .3/4 o cLCI SiAhi
4. The property has a road frontage of %50 feet and a depth of 3ARo --3SS feet
and consists of 1.1-3 acres (please be exact).
Page 5 of 9
5. The property is owned by P-1 I ce B. a� as evidenced
r re
by deed from recorded (previous owner) in deed book
no. 9 212 on page LS of the deed books of the Clerk of the Court for
Frederick County. Please attach a copy of the recorded deed.
6. Magisterial District:
7. Property Identification No.:
8. The existing zoning of the property is: �� /4-
9. The existing use of the property is: lark NI SE''D`✓I c,
10. Adjoining Property:
USE ZONING
North
East
South
West
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. ")
0i'7 & �/, SstweS ,SF's�0c/c 5'
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
1�aKK;A-JnC 55
Page 6 of 9
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13. Additional comments, if any: r 13 AUi-v
S t�c� i d7 Zi. ti'7 w E'er r
�0L Ste.
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:
VA 1 a
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J\
Address
Property ID #
J�KI &1
L✓ t f i ► r��tr
Address -1 74 ,6LJ ' ICU b
Property ID # " - v
Address 'VII
Property ID # — —
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d i',)t i`clkeL5�ev Ln c
Address� . i n
?- by Z2,60
Property ID
Address
Property ID #
Address
Property ID #
Address
Property ID #
Address
Property ID #
Page 7 of 9
1 S. 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
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I herbyIrrtify that the land contained, In
pi3rt I an of the lead
this ndbd villti*u
rd.to Dennis 1. cola by dead doted
in the Frederick
27 April 1972 and recorded
County Court Clarke off j o* In Dud 8001k 390
at race 27.
H, Frq"
April 34, 1977
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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. ,.
SIGNATURE OF
DATE 1 r o '�—
SIGNATURE OF OWNER
(if other than applicant)
-OFFICE USE ONLY -
DATE
BZA PUBLIC HEARING OF / d' ACTION:
- DATE -
APPROVAL SIGNED:
BZA CHAIRMAN
DENIAL DATE:
Page 9 of 9
Special Umiterl Power of Attorney
County of Frederick Virginia.
Planning Office, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601
Phone 540-665-5651
Facsimile 540-665-6395
Know All Men By These Presents: That I (We)
(Name) (iii 1 I 6 rcJ- L
1E_
(Phone)lC - t'), C)
(Address) j'�
�.
the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the
Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by
Instrument No. '-41') 73 on Page -;"-E; and is described as
Parcel: Lot: L Block: Section: Subdivision:L e,(l &Llr) 14
do hereby make, constitute and appoint: �—
(Name) ���V�,� 6t 1� t_�7��1C1�'i C����. cY � (Phone) � I 7
(Address) V.() r`04- 1-1` A �_i 'C'� )`QUA � �! �_:1 o
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 personaily to file planning applications for my (our) above described
Property, including:
❑ Rezoning (Including proffers)
❑ Conditional Use Permits
❑ Master Development Plan (Preliminary and Final)
❑ Subdivision
❑ Site Plan
My attorney-in-fact shall have the authority to offer proffered conditions and to make ame ,a +
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 (our) hand and seal this a� day of Tece-, he/ , 200 S ,
Signature(s)
State of Virginia, City/County of d c7-- .'c. Ic- , To -wit:
I, di e- j' Sf,', i e- , a Notary Public in and for the jurisdiction aforesaid, certify that the person(s)
who sig ed 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 day of IQc-4 ; 200-5 .
My Commission Expires:
Notary Publ'