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BZA 07-18-06 Meeting MinutesMEETING MINUTES OF THE FREDERICK COUNTY BOARD OF ZONING APPEALS Held in the Board Room of the Frederick County Administration Building, 107 N. Kent Street. Winchester, Virginia, on, July 18, 2006. PRESENT Theresa Catlett, Chairman, Opequon District; Robert Perry, Vice Chairman, Stonewall District; Dwight Shenk, Gainesboro District; Lennie Mather, Red Bud District; Kevin Scott, Shawnee District; and Robert W. Wells, Member -At- Large. ABSENT: Dudley Rinker, Back Creek District STAFF PRESENT Mark R. Cheran, Zoning and Subdivision Administrator; Kevin Henry, Planning Technician; Lauren Krempa, Zoning Inspector; 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. Shenk and seconded by Mr. Perry, the minutes for the June 20, 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, July 21, 2006, is the cut -off date. PUBLIC MEETING — OLD BUSINESS Variance Request 411 -06 for Funkhouser Lots, Lot 35, submitted by Artz and Associates, PLC, for a 40' side yard variance on both sides. This property is located at 113 Callaway Court, and is identified with Property Identification Number 76A -1 -35 in the Shawnee Magisterial District. ACTION —VARIANCE DENIED Mr. Henry gave the staff report. This item was before the Board last month. As a brief overview, Mr. Henry stated there is an existing house on the property. The setbacks for the property would require it to be 60 feet off Callaway Court as well as 60 feel off Route 522. The side property lines are the issue today and what's being requested for the variance. They need 50 feet on both sides and they're asking for a 40 foot variance on both side yards. The applicant did mention they would be willing to drop it down to 35 feet if the Board wishes. If these setbacks were approved, they would change to 10 feet on both side yards. Chairman Catlett said to clarify this, there is an existing house on the lot presently that is being occupied as a residence. Mr. Henry replied yes. Ms. Mather asked if it has well and septic and Mr. Henry stated he believes it's outside of sewer and Minute Book Page 1391 re ene Coun . oard orzoning Appeals Minutes of ,luly .2006 ter. Mr. Mike Ariz, who is representing the property owner, approached the podium. Mr. Ariz stated the lot is just under 8,000sf. Some additional information has come to light since the last meeting. Mr. Artz did go_ out and locate the house and the existing house is partially located on Lots 35 and 36; it straddles the property line. The house is definitely going to be demolished; there's no way the existing house could be utilized to be rebuilt within the same building footprint. Mr. Artz further stated that he had amended the request from a 40 foot variance to a 35 foot variance, and that still stands. He is requesting a 35 foot variance, leaving 15 foot side yards, which would leave exactly 20 feet of building area. Chairman Catlett stated that the concern she has is whether it actually meets the definition of the hardship that this Board is faced with complying with. Mr. Artz stated that the existing house does straddle the property line with Lots 35 and 36 and Lot 36 was approved at the last meeting. Mr. Perry asked Mr. Cheran if this request is denied, what would the outcome be with the house straddling the lot line. Mr. Cheran stated if it's denied, the variance approved on Lot 36 comes into play and will be affected. Mr. Perry stated that the Board didn't know about this issue at the last meeting. Chairman Catlett stated that when the plat was brought in on Lot 36, all they showed was the proposed structure for the variance request. They did not show any other structure that was existing on that lot. Mr. Perry stated that as a matter of record, why doesn't the existing house show, what portion of it, is on Jle plat for Lot 35? Mr. Cheran replied the current plat shows the proposed dwelling and that's what we usually request. We should have had the original plat. Mr. Ariz stated the intention has always been to demolish the existing house so he felt that it wasn't important to show it. He sees, in retrospect, that he should have put it on and he will make sure that due diligence will apply in the future and he will show all existing structures. After discussion among Board members, Mr. Artz clarified that the existing house does have water and sewer and this lot will be accessing Callaway Court. Mr. Ariz further stated that as far as the Board action on Lot 36, the existing house is going to be demolished one way or the other. If this variance is denied, Lot 35 will not be a building lot. Mr. Scott asked Mr. Artz if the owner of the property would consider consolidating the two lots, 35 and 36, rather than having two 20 foot wide homes. Mr. Ariz stated that is a distinct possibility. He has not been instructed to offer that now, but it's very likely that it might happen because a 20 foot wide house is fairly small. It's basically a townhouse. But at this point, the request is to look at this lot by itself, but in all likelihood, they will probably come back with a request for two lots versus three lots. Mr. Wells made a motion to accept the request for variance #11 -06 with the 35 foot side yard setbacks. Mr. Shenk seconded the motion. By majority vote, this variance was denied. Minute Book Page 1392 I UOUntv L3oarct of omng Appeals Minutes of .luly 18, 2006 PUBLIC HEARING Variance Request 414 -06 for Gregory Rinard for a 54' front yard variance and a 29' side yard variance on both sides. This property is located at 5978 Valley Pike (Route 11), and is identified with Property Identification Number 85 -A -31 in the Back Creek Magisterial District. ACTION — VARIANCE APPROVED Mr. Henry gave the staff report. This property was created in 1954. Frederick County adopted performance zoning in 1967. The Frederick County historical zoning map shows this property was zoned A -I Agricultural Limited) in 1967. The property setback lines at the adoption of the zoning ordinance were 35' for the 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' to the front, 50' to the rear, and 50' on both 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 property, and that the character of the district will not be changed by the granting of the variance Mr. Henry further staled that the applicant is seeking a variance of six feet in the front and 21 feet on both side yards to build a residential structure of approximately 1,494.5 square feet in size. Should this Wiance be granted, the building setbacks for this property would be 54 feet in the front, 50 feet in the back and 29 feet on both 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. Ms. Mather asked where the driveway will access from and Mr. Henry stated it will be from Route 11. Mr. Greg Rinard approached the podium and identified himself as the owner of the property in question. Mr. Rinard stated that the Health Department has approved the site in the back of the lot for a three bedroom pert. The driveway would be very simple to extend. There is a level driveway going into the property and to the back lot, there's a gradual slope. The propose of this request is to build a retirement house for his mother and perhaps, someday, they would move into it for their retirement. Chairman Catlett asked Mr. Rinard if he lives on Lot 13. Mr. Rinard responded their house is actually on Lot 14 and maybe part of Lot 13. The driveway is on Lot 13. Chairman Catlett asked if anyone else is present who would like to speak and no one responded. She asked if anyone who is opposed to the request who would like to speak. Mr. Julian Marple approached the podium. Mr. Marple is the son of Letha Marple, who lives next door. Mr. Marple opposes this variance because it would change the character of the district, the surrounding property values, and the proposed drainfield would push the house toward the front of the lot next to his mother. Minute Book Page 1393 Prederick Uountv L30ard ot Zoning Appeals Minutes of July 18, 2006 Mr. Elton Mangum owns the property to the north of the Rinards. Mr. Mangum opposes this variance cause of the parking situation. There will be one driveway going into the Rinard's home, then another driveway going to the proposed house. He's also concerned about the drainage from thunderstorms and snow melting. Ms. Sue Teal, an adjoining property owner, also opposes the variance. One of Ms. Teal's concerns is if the variance is granted, the Board will be setting a precedent. Chairman Catlett stated that actions taken by this Board are not considered to set precedent. Mr. Rinard stated he would like to address some concerns that were brought up. Mr. Rinard has a letter from the Health Department stating, "an acceptable site for a three bedroom shallow place drip irrigation sewage disposal system has been located on the subject property ". The distance from the front of the proposed house to Mr. Marple's outbuilding is 79 feet. The distance from the proposed house to the back of his house is roughly 175 to 200 feet. The front of the proposed house to the Mangum's closest building is roughly 150 feet. As far as the property values in the area, they plan on building a nice home. Mr. Rinard stated they do have too many vehicles and he plans on selling a trailer. There is an attached garage for parking for the proposed house. As far as the runoff there is approximately a two foot high bank between his property and Mr. Mangum's property. it would take a lot of water to get over that two foot bank. Chairman Catlett told Mr. Rinard she appreciates his efforts in trying to address the concerns, but these are issues that this Board cannot do anything about. If the variance is granted, then it would move on to other as of the County. Chairman Catlett closed the public hearing portion of the meeting. Discussion Mr. Scott made a motion to approve the request for variance. Mr. Perry seconded the motion and it passed unanimously. 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 4:20 p.m. by unanimous vote. Respectfully submitted, B. Catlett. Chairman Bev Dellinger, Secretary Minute Book Page 1394 lre ertc oun oar o onmg AppealsMinutesofJulyT8. 2006