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BZA 06-20-06 Meeting AgendaAGENDA FREDERICK COUNTY BOARD OF ZONING APPEALS The Board Room Frederick County Administration Building 107 N. Kent Street Winchester, Virginia June 20, 2006 3:25 p.m. CALL TO ORDER 1) Determination of a Quorum 2) Minutes of May 16, 2006 PUBLIC HEARING FILE COPY 3) Variance Request #07-06 of Elizabeth Ann Cook, for a 35' variance on the eastern side yard and a nine foot variance for the western side yard. This property is located on Bethel Grange Road (Route 630), Lot 153, and is identified with Property Identification Number 41-A-153 in the Gainesboro Magisterial District. 4) Variance Request #10-06 of Kay -Mor, Inc., and Debra Toms, submitted by Clinton R. Ritter, Esq., for a 30' variance on the eastern side of the property. This property is located on the east side of Sulphur Springs Road (Route 655),1/10 mile north of the entrance to the County Landfill, and is identified with Property Identification Number 65-A-176 in the Shawnee Magisterial District. 5) Variance Request #11-06 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. 6) Variance Request #12-06 for Funkhouser Lots, Lot 36, submitted by Artz and Associates, PLC, for a 40' side yard variance on both sides and a 20' front yard variance fronting Callaway Court. This property is located at 111 Callaway Court, and is identified with Property Identification Number 76A-1-36 in the Shawnee Magisterial District. 7) Variance Request #13-06 for Funkhouser Lots, Lot 37, submitted by Artz and Associates, PLC, for a 40' side yard variance on both sides. This property is located at 109 Callaway Court, and is identified with Property Identification Number 76A-1-37 in the Shawnee Magisterial District. 8) Other 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, May 16, 2006. PRESENT: Theresa Catlett, Chairman, Opequon District; Robert Perry, Vice Chairman, Stonewall District; Dudley Rinker, Back Creek District; Dwight Shenk, Gainesboro District; and Kevin Scott, Shawnee District. ABSENT: Lennie Mather, Red Bud District; and Robert W. Wells, Member -At -Large. STAFF PRESENT: Mark R. Cheran, Zoning and Subdivision Administrator; 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. Shenk, the minutes for the April 18, 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, May 19, 2006, is the cut-off date. Mr. Cheran informed the Board members that Variance Request #07-06 of Elizabeth Ann Cook has been postponed until the June 2006 meeting. Also, Mr. Cheran stated that Appeal Application #08-06 of Arogas, Inc., has been postponed at the request of the applicant. The applicant may decide to withdraw the appeal, or it may be heard at the June meeting. Chairman Catlett told the citizens attending the meeting that if anyone is here for the Cook Variance or the Arogas Appeal, those two will not be heard today. PUBLIC HEARING Variance Request 907-06 of Elizabeth Ann Cook, for a 35' variance on the eastern side of the property. This property is located on Bethel Grange Road (Route 630), Lot 153, and is identified with Property Identification Number 41-A-153 in the Gainesboro Magisterial District. ACTION — VARIANCE POSTPONED UNTIL JUNE 20, 2006 Frederick County Board of Zoning Appeals Minutes of May 16, 2006 Minute Book Page 1376 PUBLIC HEARING Appeal Application #06-06 of Pierce Hardy to appeal the decision of the Zoning Administrator in the administration of the Zoning Ordinance pertaining to Section 165-30 — Signs, H — Size (1)(3). The subject property is located off of Route 11, south on Yardmaster Court, and is identified with Property Identification Number 44-A-75-13 in the Stonewall Magisterial District. ACTION — APPEAL DENIED Mr. Cheran gave the staff report. The applicant is appealing the decision of the Zoning Administrator in the administration of the Frederick County Zoning Ordinance with regard to Section 165-30G of the Frederick County Zoning Ordinance. Signage height in the B3 (Industrial Transition) District is not allowed to exceed 35' in height. The applicant submitted a sign permit with a sign at 60' in height. This proposed signage exceeds the allowed sign height in the B3 zoning district. Mr. Cheran further stated that the applicant also applied on the same sign permit for a sign to exceed 150 square feet in area. Section 165-30H(1) of the Frederick County Zoning Ordinance allows for franchise signage to be 150 square feet in size. The applicant submitted a sign with an area of 200 square feet. This sign exceeds the maximum sign area for a franchise sign. Mr. Cheran told the Board that it is important to note that in 1997 the County did study and ultimately adopt an ordinance establishing the IA (Interstate Area) overlay district to enable larger signs (heights and display face sizes) at appropriate locations. The locations deemed appropriate for the larger signs were further identified and designated to be adjacent to I-81 interchanges. As the subject site of this appeal is not adjacent to an interstate interchange, nor does the site have direct vehicular access to the interstate, the IA district sign regulations do not apply. As such, the County Ordinance, whish is based on previous studies on visibility and traffic speeds, would not permit the larger sign as sought by the appellant. Staff is requesting to affirm the decision of the Zoning Administrator in the administration of the Frederick County Zoning Ordinance, Section 165-30G and H(1) regarding height and sign area for signage that is not permitted in Frederick County. Mr. Cheran stated that representatives from 84 Lumber are present to answer questions. Mr. Rinker asked how far the interchanges for I-81 are on either side of the property. Mr. Cheran estimated a mile to a mile and one half. Mr. Shenk informed Chairman Catlett that due to a conflict of interest, he must abstain from voting on this appeal. Mr. Mike McCowsky, National Director of Outdoor Signage for 84 Lumber, approached the podium. Mr. McCowsky stated they would like to withdraw their request for a larger sign; the 150' franchise sign will be adequate for their needs. They would, however, like to request the additional height. Although the ordinance is pretty specific, the sign they are requesting is basically along I-81, which is an interstate and they are very close to the overlay districts. The I-81 visibility would provide Frederick County Board of Zoning Appeals Minutes of May 16, 2006 Minute Book Page 1377 their company with great visibility, based on location. The sign, even at 50' to 60', would only be visible from the interstate. The only other option to make their store visible would be to cut all the trees, which they prefer not to do. The trees would block the sign at 35'. Mr. Perry asked Mr. McCowsky, hypothetically, if people traveling at 65 or 70 miles an hour, north or southbound on I-81, see this 84 sign, do you really think they're going to know how to get off I- 81? Mr. McCowsky stated that, hypothetically, he thinks they will because they'll know the location is between the two exits. Mr. McCowsky further stated that their primary business is not the interstate traffic but the local people. Mr. Perry stated that local people will know they're there anyway. Mr. McCowsky stated that over time, they'll know they're there, but right now they won't, and this sign will definitely help with identification along the interstate. The size of the sign is not to the point where it's going to be overwhelming. Mr. Perry asked if the sign is going to be illuminated with spot lights and Mr. McCowsky responded that it's an internally illuminated sign, using dawn to dusk timers, which could be adjusted. It throws off very little light. Mr. Scott asked Mr. McCowsky if they do not get the variance, will some trees come down. Mr. McCowsky stated he didn't think that will happen. Mr. McCowsky stated there is a gap where trees have been removed previously, and it would be a perfect place to set the sign. The extra 15' would put them above that. They would like 60', but 50' will accomplish what they're trying to do. Mr. Scott asked what the percentage is of contractors versus the average public. Mr. McCowsky stated that basically about 90% to 91% is contractor driven. Mr. Scott stated that contractors tend to know where things are. Mr. Perry asked Mr. McCowsky if he realized that this Board doesn't have the power to allow him to put the sign at even 36' when the ordinance says 35'. Mr. McCowsky stated no, he was not aware of that. He thought that relief could be granted through this Board. Mr. McCowsky asked what would be the process then. Mr. Perry stated that he would have to get the ordinance changed. Chairman Catlett told Mr. McCowsky that what is before this Board today is an appeal application, which means that this Board is asked to rule on whether or not the Zoning Administrator made the right decision in interpreting the Code. They do not have the power to increase the sign size or height. Mr. McCowsky stated that they were told there is not a process that exists to change the ordinance. Chairman Catlett stated that individually, she doesn't know that there is, but the Board of Supervisors could change the ordinance. Mr. Cheran commented that to change the ordinance, the Board of Supervisors would have to go through a public hearing to do that. Currently, the ordinance is in the process of getting changed — the regulation of signage. It won't help this applicant because it's proposed to bring the signage lower. If someone wanted to change the ordinance, they would apply through the Development Review and Regulations Subcommittee (DRRS). It would take a couple of months to go through the process. Frederick County Board of Zoning Appeals Minutes of May 16, 2006 Minute Book Page 1378 Mr. McCowsky stated that was not brought to his attention until now. They would have followed that approach first, rather than coming before the Board of Zoning Appeals. Mr. Cheran stated that a letter of determination was sent to the applicant which does give them an opportunity to file. The letter of determination did say they could not have that sign and their only recourse at that time was to come before the BZA. Chairman Catlett asked if anyone is present who would like to speak, either in favor or opposed to the appeal application. Ms. Jolene Omdorff approached the podium and spoke in opposition of granting the appeal request. speak. Chairman Catlett closed the public portion of the hearing after determining no one else wanted to Discussion Mr. Rinker made a motion to uphold the decision of the Zoning Administrator. Mr. Perry seconded the motion and it passed unanimously. PUBLIC HEARING Appeal Application #09-06 of Valley Farm Credit, 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 fronts Route 11, south of the interchange of Route 37 and Interstate 81, within the Kernstown Business Park, and is identified with Property Identification Number 75-A-10 in the Back Creek Magisterial District. ACTION — APPEAL APPROVED Mr. Cheran gave the staff report. The applicant is appealing the decision of the Zoning Administrator with regards to LED (Light Emitting Diode) signs and EMB (Electronic Message Board). 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 change to the Frederick County Zoning Ordinance is a legislative action and not within the scope of the BZA Board. Furthermore, Section 165-30A(1) of the Frederick County Zoning Ordinance does not allow animated or flashing signs within Frederick County. Section 165-156 of the Frederick County Zoning Ordinance defines animated and flashing signs. Mr. Cheran further stated that this area of Route 11, from the Route 37 Exchange to the Stephens Frederick County Board of Zoning Appeals Minutes of May 16, 2006 Minute Book Page 1379 City boundary, is currently called our business corridor, as identified in the Comprehensive Policy Plan for Frederick County. The Comp Plan calls for any new signage in this area to be a monument -type sign. Introducing a new type of sign, which may be flashing or animated, would be outside of what the Comprehensive Policy Plan calls for. 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, that LED and EMB signage is not permitted in Frederick County. Mr. Cheran stated for the record that Mr. Robert Carpenter, President of Valley Farm Credit, is present. Chairman Catlett asked Mr. Cheran if this is the same situation that they've had the last couple of months where the only issue is the light. Mr. Cheran stated that is correct. Mr. Rinker informed the Chairman that he is going to abstain from discussion and voting on this appeal because he does business with Valley Farm Credit. Mr. Shenk also informed the Chairman that he must abstain. Mr. Robert Carpenter approached the podium. Mr. Carpenter stated that he has made available to the members an additional packet. Mr. Carpenter stated that their primary reason for appealing is because of the ambiguity associated with flashing and animated signs in the ordinance. They are completing an additional expansion to their facility, they have multiple tenants, and the tenants have requested better illumination to the sign so it could be seen after hours. Because they are completing the expansion, this is the time for them to make modifications to their sign. It is their intent to keep within the existing framework of their current sign, but they would like to go to illuminated panels just to provide the tenants, and them, with better coverage. In addition, they have requested to put in an electronic message board. He would like to say that he knows this is a controversial subject and there are two types of signs operating in the County right now; the Sportsplex, CVS and the American Red Cross, have messaging -type boards. Valley Farm Credit does not want to follow the model of the Sportsplex. They are not interested in animation or cartoon figures flashing across their sign. They are very interested, however, in being able to communicate with the public, on behalf of their own business as well as their tenants, certain types of information that can best be communicated through some type of electronic -messaging system. Mr. Carpenter believes the issue is exactly like what was presented to the Board earlier by CVS. It is their intent, that if approved, they would follow a similar model. They would like to have an electronic messaging board placed near the top of their sign. They are not talking about, and they are willing to commit to, having a message center that is not flashing. It's going to change messages, but it happens just like a traffic light changes. They're asking that they have the ability to compete with other businesses; the City has a much more liberal ordinance in this regard than currently the County has. Chairman Catlett asked Mr. Carpenter if the messages would be limited to you're his business or would that be something that would change for all the businesses. Mr. Carpenter replied it is their intent that it could be used by anyone in their building. However, Valley Farm Credit would control the Frederick County Board of Zoning Appeals Minutes of May 16, 2006 Minute Book Page 1380 message board; tenants would not have access to the computer. Tenants would submit to them any prepared text that they would like to have displayed and they would input that at whatever agreed upon interval of change, and they would rotate messages among themselves and their tenants. Chairman Catlett asked if anyone is present who would like to speak in favor of, or opposed to, the appeal and no one responded. Chairman Catlett closed the public hearing portion of the meeting. Discussion Mr. Perry made a motion to grant Valley Farm Credit the ability to have the LED with the EMB, changing no sooner than two minutes and restricted to the tenants of the building. Mr. Scott added to the motion that no animation affects would be permitted. Mr. Scott seconded the motion and it passed unanimously. OTHER Chairman Catlett asked if there is any other business to come before the Board. Mr. Cheran updated the Board members on the status of the legal cases against the Board of Zoning Appeals. As there were no other items or new business to be discussed, the meeting adjourned at 4:15 p.m. by unanimous vote. Respectfully submitted, Theresa B. Catlett, Chairman Bev Dellinger, Secretary Frederick County Board of Zoning Appeals Minutes of May 16, 2006 Minute Book Page 1381 VI.RI ANCE APPLICATION #07-66 F- LIZABETH A1`crN COOK Staff Report for the Board of Zcnirag Appeals Prepared: June 7, 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 BATE: May 16, 2006 – Postponed June 20, 2006 - Pending LOCA Y ION: Bethel Grange Road (Route 630), Lot 153 MAGISTERIAL BI STRfCT: Gainesboro PROPERTY ID NIJMBERO: 41-A-153 PROPERTY ZONING &r USE: Zoned: RA (Rural Areas) Land Use: Vacant and Residential ADJOINING PROPERTY ZONING & USE: North: MH1 (Mobile Home Community) Use: Residential South: RA (Rural Areas) Use: Vacant East: RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Vacant VARIANCE. REQUESTED: A 35' side variance on the eastern side and 9' variance on the western side of the property. REASON FOR VA-Pj ,NCE: The lot predates the current zoning ordinance with regards to RA setbacks and prevents any new structure to be built. Variance Request 907-06, Elizabeth Ann Cook May, 2006 Page 2 STAFF COMMENTS: 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. STAFF CONCLUSIONS FOR THE MAY 16, 2006 MELTING: 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 35' on the eastern side yard and a variance of 9' from the western side yard of the property, to build a residential structure of approximately 1,848 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 would change to 15' on the eastern side and 41' on the western side yards. 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. dbs§O APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA -OFFICE USE ONLY - Variance Applicatio NO. Submittal Date:} Fee Paid: dres ' initials: P Sign Deposit 9i Submittal Deadline: For the meeting of FAM)I PE ",'YPED, OR FILLED OUT IN INK' - PLEASE PRINT oiv&er say fent' tZic"r 1. The applicant is the owner other % .(Check one) 2. APPLICANT: NAME: -re 1 ADDRESS 1- 1 Clea,6r .k vc, TELEPHONE: Sq o - (A 7- 7 ,(& OCCUPANT: (if different) NAME: ADDRESS: TELEPHONE: APR 2 *- 3. The property is located at (give exact directions and include State Route numbers): �tlrr! l rj✓I �;�cicf:ity f. J o -j /!: fS IG 1'eird rv9o•9� , 4%C' Lt --�7 z- (o,i �invtz�/.I'L d.�1TU ,incl: o,�, �� oliviti' r�GI � l. 3 `r : (i s�ti > .3%r o.� /D C>, k'cl. c.s ,5 ci .^ e e �1 l///1E' c, l Y S S h / ✓7 t: rd. 4. The property has a road frontage of feet and a depth of 2- 3 q., Q feet and consists of . G I acres (please be exact). Page 5 of 9 5. The property is owned by Anet 4 V. r.iih 14 c as evidenced by deed from A w n z F. r- x x -_ recorded (previous owner) in deed ^ S of the deed books of the Clerk of the bock no. 3 S`3 on page "``=a c Co-art for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: -* � 7. Property Identification No.: i-11 A" 15 3 8. The existing zoning of the property is: 9. The existing use of the property is: 10. Adjoining Property: -A uw«.,.f USE ZONING North Dwc tL n; - D :�� R A East vim' •.5) I-V South -Pwc, 11:1.5 K /a Wester 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.") �Fq r 3: Z pct e454 5 J, ,•t 1 J 19,_ 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 ac/GS 4'r �� Frc 5•`�2 S leer fare r y1 7 T � f`rv:�-t" ;ca �tJdl:�� v•�l. +f4v'ej ZZ I�ou$ iti ;%/ l7Q (v (c 111,2 6) 5 f�'�' J - l�louSe - i lc.a _ �Ccc�H� ✓cc ��`� �;c C7 r a + 0dtt �/ /,1 4 � e_qq j 1 G. r ei .l C C �j Page 6 of 9 / 13. Additional comments, if any: W e Address(� .ZAL J Sy,. nC2t,l —y 2n, Property ID #, y ° 1 _ , , I a > _'D C 4�� tom. S.MoloC,;I ,l `LC '� r-• �f i'- ' l T /i l'- iL � G E t-1.��i C v 1 4 .' j W c J J �u 4C �tr� j2 C:1 ��r✓ wGSf' s.cle "v� J- 14. 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: I APOTE 5,4 A, urn Address(� .ZAL J Sy,. nC2t,l —y 2n, Property ID #, y ° 1 _ , , I a > _'D C 4�� tom. S.MoloC,;I Address a�:�'. �3�;c 4-3-73 2-?-C��,41 Property ID # �1�:►-�� 7 �n�. F :x Address 2-17 Property ID # 441 _ _ I s" 2 - Address Address 3 Property ID # , l - a - .3 G Address Property ID # Address Property ID # 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. CUli7ert ecce d' C� H 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) dates 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. SI,QNATURE OF APP DATE SIG' NATURE OF OWNED � � � �f� �� t �4�- %`�' - �.ry !�� ! . DATE (if other than applicant) :OFFICE USE ONLY: BZA PUBLIC HEARING OF ACTION: - DAT t - SIGNED: APPROVAL BZA CIIAIRMAN }DENIAL DATE: Page 9 of 9 Special Limited Power of Attorney Cmuaty of Frederick,, Virginia Office, r eura�._. c , tT' 1 07 N-06 Went Street, Winchester_ Vift-M-U 22601 PiarilYYY t� il'1LYce, vJ uuay va Frerie►ytK, e: s. —, _ , -- b.. Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (N ) y (Phone) ame i"'ei� C:6 i atm (Address)r?,_T) � C i� }i � tla`'eL ±�V t11 C t � e1 t \�e Sri �" i 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. 353 on Page '20s, , and is described as Parcel: Lot: 153 Block: JVIA Section: A Subdivision: A C' alt+eS do hereby make, constitute and appoint: (Name) I Z a z t Aon Cc (Phone) C:: 0 � G G 7 '- 7 (Address) 13i j2d _'JC! Z2Ir2'7' To act as my true and lawful attomey-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 '.Kan (Preliminary and FL -0) ❑ Subdivision d Site Plan My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: ry `� `1d� ?d a�C� Ci 'fir` _ { �i21�s'i�i.FYF ((:c t. is 0� :.:i�'i _Lhk C(`t�P� This authorization shall expire one year from the day i is signed, or until it is otherwise rescinded or modified. 1 Y In witness thereof, I (we) have hereto set my (our) hand and seal this l� -day of 2006, Signature(s) State of Virginia, City/County of a_&_ (,Fi Cts_ , To -wit: 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 as acknowledged the same before me in the jurisdiction aforesaid this 1'f day of QP,L , 200 C My Commission Expires: Notary Public Rpr 17 06 04:54p ESr" —R ! S29'1 9'35°E Scott A. Milburn, & Angle Delores J. Milburn Iron m Tax Map 41 A 155D Found N ;� D.B. 758, Pg. 6R1 a 14.1' 5.9' Chester W. Simmons Tax Map 41 A 154 Instrument 20050015376 —" ......._.^—_.,,,• SCALE DATE ENT NO. Proposed ._ \y/ www.asional Design Fizz Main s1.ec )�� Professional Design Services lDrain-Field50- 25038-001 �i Mltldlelawn V. 22645-9500 Virginia - North Carolina - Tennessee 540-869-2501 r II �L (540) 869-2625 p.1 122-W Pipe Fnd 00 00 m .— N ON Shirley M. Fix Tax Map 41 A 152 D.B. 632, Pg. 26 l._ 'Prop sed Shed 15.4' a Proposed House Site 24, 15.' i 15.0' (�b�re�°iati0iI D.B. = Deed Book L I o Fnd =Found C:)o 9 9 p C) R/W =Right Of Way z I I cD Pro posed Well Si -e`18.9' cn WOf RodI ? I 154' Pipe . Fnd �- Frd R/W N29'50'05"!N 121.67' R/W �— 20.0' To Center Road d:1,350' Bethel Grange Rd. Route 630 To Old Bethel Church Rd. 1. This Plat Was Prepared Without The Benefit Of A Title Report. SALTH 0.p Lf 2. This Property Does Not Lie In A 0 H U D 100 Year Flood Hazard Zone. A p U •a0 AC1�'1op 1�q re 1f"r11 ry Boundary Survey Plat 3. This Plat Is The Result Of An o Actual Field Survey Performed U ly Brady Tax Parcel 4'1 A 153 By Anderson & Associates, Inc., Preliminary To Be Acquired By April 2006. Timothy W. Barton, &,. 4. References: Fredericks County Tax Map No. 2639 � Tax Map 41 A 153; D.B. 353, Pg. 206 ''a, �, �o�' r Elizobeth A. Cook .i. Setbacks: Front=60'; Side & Rear = 50' ND s�r�v�. Gainesboro Magisterial District 6. Zoning: RA Frederick County "Rural Area" Frederick County, Virqinia ///"""�� ANDERSON & ASSOCIATES, INC. SCALE DATE ENT NO. TB \y/ www.asional Design Fizz Main s1.ec )�� Professional Design Services Apr 06]DOCUM 25038-001 �i Mltldlelawn V. 22645-9500 Virginia - North Carolina - Tennessee 540-869-2501 hmdv / An 17. 2006 5:50= / 40 "Swlo 0.5 x 11- DRAWN SCALE DATE ENT NO. TB 140'11 Apr 06]DOCUM 25038-001 VARIANCE APPLICATION #10-06 KAY -MOR, INC., AND DEBRA TOMS Staff- Report for the Board of Zoning Appeals Prepared: June 9, 2006 Staff Contact: Mark R. Cheran, Zoning Administrator 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: June 20, 2006 - Pending LOCATION: East side of Sulphur Springs Road (Route 655), 1/10 mile north of the entrance to the County Landfill MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERN: 65-A-176 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: County Landfill Use: Residential VARIANCE REQUESTED: A 30' side variance on the eastern side of the property. REASON FOR VARIANCE: The lot predates the current zoning ordinance with regards to RA setbacks. Variance Request #10-06, Kay -Mor, Inc., and Debra Toms June 9, 2006 Page 2 STAFF COMMENTS: This lot was created on April 11, 1966, as shown by the deed submitted with application. This lot was created prior to Frederick County adapting zoning on March 11, 1967. At the time of the adoption of the zoning ordinance, this 1.041 acre property was zoned A-2 (Agricultural General); shown on the Frederick County historical zoning map. The property setback lines for the A-2 (Agricultural General) were 35' front and rear and 15' on all sides. On December 11, 1991, Frederick County amended its Ordinance to change the rural zoning districts to the current RA (Rural Areas) Zoning District, making the current setbacks for the property 60' front, Wright side and I00'rear. Staff would note there are two other items to bring to the Board's attention. As noted by the maps in the application package, this property will be impacted by the proposed future Route 37. This property will also be impacted by the Frederick County Landfill. These two items should be considered with this variance. STAFF CONCLUSIONS FOR THE JUNE 20, 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 30' on the eastern side of the property to build a residential structure of approximately 2,016 square feet in size. Should this variance be granted, the building setbacks for this property would be 60'front, 70'left side and rear. 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. r?S 9 � I ---------------- �n. 65 A 186h LAMBERT, EDWIN L.;X 65 A 73 o EFG INVESTMENTS, LLC 65 A 181 MARTIN, CHESTER E. JR. y} 65 SCHOTT, A 182 ] TIMOTHY V ' z S� h it _Z o 65 A 183 SCHOTT, TIMOTHY Va, o f C W I 2 Sulphur'S�riri�-� I , Rd-�.. LL 0 o =o o¢ 65 A 176 P+ KAY MOR, INC I � � a I I ao y 0 � U 2 W M o O C) n' m � ;0 -�,._..,...�r,.. C a 65 A 168 6' CITY OF WINCHESTER & r �o Rt37Bypass Kay -More Inc & Debra Tom Frederick CD w10 moot /� Planning 8 D07 N Kent St 350fl Buffer u' \ � e 707 N Kenl St VAR7006_Kay-Morinc_DebraToms Variance # 10 - 06 s Winchester, VA 22601 www. CO. FREDERICK. VA.US (65-A-176) I 4)% IN t�G h wr� w�c�a Poo, Rt37Bypass Kay -More, Inc &Debra Tom Frederick Co only Dept of 350ft Buffer f W E Planning 8 Development Variance # 10 - 06 7157„ 107NKenI 1 VAR1006 Kay-Monnc_DelxaToms s NNnchester, VA 22601 www.CO.FREDERICK. VA.Us (65-A-176} - n w m APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA MAY I q s3 -OFFICE USE ONLY Variance Application 170./0-06 Submittal Deadline: a � Submittal Date: 67j/47-0-c— j/ 4 0 For the meeting of CA b o Fee Paid: initials: Sign Deposit MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner x other . (Check one) 2. APPLICANT: OCCUPANT: (if different) Kay-Mor,Inc. NAME: Debra J. Toms NAME: N/A - ADDRESS 205 E. Boscawen St. ADDRESS: Winchester, VA 22601 TELEPHONE: (540) 662-7175 TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): located on east side of Sulfer Spring Road (Route 655) 1/10 mile north of entrance to County Land Fill in Shawnee District of Frederick County, Virginia (Plat attached) 4. The property has a road frontage of 345.99 feet and a depth of 230.35 and consists of 1.041 acres (please be exact). Page 5 of 9 feet 5. The property is owned by Kay -Mor, Inc., and Debra J. Toms as evidenced by deed from Eugene Maphis recorded (previous owner) in deed book no. 833 on page 1156 of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: Shawnee 7. Property Identification No.: Tm# 65-A-176 8. The existing zoning of the property is: . , - e,4- 9. The existing use of the property is: 10. Adjoining Property: North East South West USE Agricultural Land Fill Residential Residential residential location ZONING 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.") variance requested to change 100' set back line on one side to 70' set back to allow room for house location on lot 12. List specific reason(s) why the variance is being sought in terms of- - xx 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 residential, agricultural, and land fill Page 6 of 9 13. Additional comments, if any: Lot is grandfathered since 1966. It's a beautiful building lot for a home and was purchased for that reason. To deny this request would create an undue hardship. 14. The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the properly 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: NAMF. City of Winchester & Frederick County Board of Supervisors P Address 11 N. Cameron St. Property ID # 65 A-168 Donald & Dianna Anderson Address 965 Sulpher Spring Rd Winchester, VA Property ID # 69 A-189 Mark A. McIntire Address 945 Winchester, Sulphur Spring Rd VA Property ID # 65 A-184 Timothy W. Schott Address 143 Wiftehester, Jennifer Ct. VA Property ID # 65 A-182 Roy Putman Address 912 Sulphur Spring Rd hester, VA Property ID 6S A-177 Frederick County Board of Supervisors .4 Address 107 N. Kent St. Property ID # Winehestief, VA 65 A -105A Address Property ID # Address Property ID # Page 7 of 9 15= Provide a sketch of the property (yo„ 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. Plat attached Page 8 of 9 Z6 10 ,DD VHL.C)p Wit- LO � H �� N 7- C . i M ~ w N Lij w,nz �_H N C)ti,.D¢ o w ¢� °�50 In .. Lu jo Z m� o Wo �;=wVHrn �� w�Vix wcO�M P. 1-7 X-). 'nv ��(n tnW00 z F --I �L N D j�k�wwHr O1:y LL- fr n u HOS w H H oe Um0 e Wjo Oui w Q[ Cl— W Y "96 ZornoO o PQ Uc'n��N D) Z�� N o 4i v � /°) s U.)c Z e00 �+�s / e , -D —w ®■ ■M pp ■ NSID O n Z a) oD O N anNONnn UmJ U) Z Z rn I 7 3So o�do w t J J J J �oo 0'9f \ I Y \ O m Nc> .0'9£ U ,0'09 lN8 ,09 oil Cl o � J N / M -Q �� m Q oZ N W�j LO o o^ o Q�0 �L)(J) � tn�\ \0Q>Hp�M ¢m#� #OOOWWi AGREEMENT VARIANCE # /0-04 (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. NATURE OF APPLICANT DATE SIGNATURE OF O NERZ DATE (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF% o O G ACTION: - AT - SIGNED: APPROVAL BZA CHAIRMAN DENIAL DATE: Page 9 of 9 AGK CO Special Limited Power of Attorney } County of Frederick, Virginia mee Planning Office, County of Frederick, Virginia, 107 North lent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) Kay -Mor, Inc. (Name)By Lewis Dellinger, Preeiden (Phone) (540) 665-7175 Debra J. Toms (Address) M9 F_ RnGrakTPn Gt,, Winchester, VE1 226AI 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. 833 on Page 1156 , and is described as 1.04 acre Sulpher Spring Road Parcel: Lot: Block: Section: Subdivision: do hereby make, constitute and appoint: (Name) Clinton R. Ritter (Phone) (540) 662-7175 (Address) 205 E. Boscawen St., Winchester, VA 22601 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 Plan (Preliminary and Final) ❑ Subdivision K1 Site Plan My attomey-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 (our) hand and seal this 30,thday of March , 2006 , Signatures) r ebra J. State of Virginia, City/County of , To -wit: I, , 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 _ day of , 200_ My Commission Expires: Notary Public H833FG i f 56 DEED l THIS DEED, made and dated this (95 day of January, 1995, by and between EUGENE MAPHIS, party of the first part, hereinafter called the Grantor, and KAY MOR, INC., A Virginia Corporation, and DEBRA J. TOMS, Single, party of the second part, hereinafter called the Grantees. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant, bargain, sell and convey with General Warranty of Title, in fee simple, a one- half undivided interest to Kay Mor, Inc., A Virginia Corporation, and a one- half undivided interest, unto Debra J. Toms, Single, as tenants in common, all that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, containing two (2.00) acres, more or less, lying and being situate on the South side of Sulphur Springs Road, approximately four (4) miles East of the Corporate Limits of the City of Winchester, Virginia, in Shawnee Magisterial District, Frederick County, Virginia, and being the same property Eugene Maphis acquired by the Will of Thomas B. Jones, dated the 13th day of November, 1994, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Will Book 0 106, at Page 981, and being the same property Thomas B. Jones and Florance G. Jones, his wife, (now deceased) acquired by Deed dated the 11th day of April, 1966, from Estey C. Williams and Juanita Williams, his wife, said Deed being of record in the aforesaid Clerk's Office in Deed Book 321, at Page 357, rFlorance G. Jones, now deceased and all her right, title, and interest in the VN aforesaid property passed to Thomas B. Jones by the survivorship clause in, Z-1 said Deed, to which reference is hereby made to said Deed and to the u references therein contained for a further and a more particular description 'S of the property hereby conveyed. o h This conveyance is expressly made by the gross and not by the acre. This conveyance is hereby made subject to the easements, rights of way, v restrictive covenants affecting the same. The Grantor covenants that he has the right to convey said realty to the 8X333FIG 1157 Grantees; that the Grantees shall have quiet possession thereof, tree from all liens and encumbrances; that they have done no act to encumber said realty, and that they will provide such further assurances of title as may be requisite. WITNESS the following signature and seal: rI� (SEAL) EU5PKE MAPHIS, Grant r 'ATEO� W U NITf/L�g�t v to -wit: I,M&eh) V. dl'd,P�y✓i� a Notary Public in and for the State and / m/1�IlJLO�f�1�J0 aforesaid, do hereby certify that EUGENE MAPHIS, Grantor, whose name is signed to the foregoing Deed bearing date the �2Lay of January, 1995, has personally appeared before me, and acknowledged the same. daay Given under my hand this of January, 1995. My Commission expires /a -3 /-tZ Notary Public This instrument was prepared by Clinton R. Ritter, ktorfneydpat Law, 205 E. Boscawen St., Winchester, Va. 22601. ;Y n: ,'� •...., •,.am VIRG1,N1A; FREDERICK 00UNTY, SGT. C. ,: This 1111riatnent of 6aritinp w9a prod tcad to mo on thG ,,,,,. ` C L r _'• f ^j W)Qs ..�^'t:[tUtj n :'F -Cf Ci �n.d !.i_--ri's6d �y - ?4 - _ - �o� • sy rd 5 .1-&G1 have Cern pald• tt r.9 3a yc a. VARIANCE APPLICATION #11-06 FUNKHOUSER LOTS, LOT 35 Staff Report for the Board of Zoning Appeals Prepared: June 7, 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: June 20, 2006 - Pending LOCATION: 113 Callaway Court MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER(S): 76A-1-35 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) Land Use: Vacant ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Use: Vacant South: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: Residential West: RP (Residential Performance) Use: Residential VARIANCE REQUESTED: A 40' side yard variance on both sides REASON FOR VARIANCE: The lot predates the current zoning ordinance with regards to RA setbacks. Variance Request #11-06, Funkhouser Lots, Lot 35 June, 2006 Page 2 STAFF COMMENTS: This property was created in 1946. Frederick County adopted performance zoning in1967. The Frederick County historical zoning map shows this property was zoned A-2 (Agricultural General) in1967. The property setback lines at the adoption of the zoning ordinance were 35' for both fronts 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, 60' rear, and 50' side setbacks. STAFF CONCLUSIONS FOR THE JUNE 20, 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 40' on both side yards to build a two-story residential structure of approximately 1,568 square feet in size. Should this variance be granted, the building setbacks for this property would be: 60' in the front, 60'in the back, and would change to 10' on the sides. It is important to note that with the given setbacks the dwelling will fit the appearance of the neighborhood. 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. 76B 2 3 220A 76B 23212 E CANTER ESTATES HOMEOWNERS ASSOC INC —NO1T, DAVID P & ROXANNE C r Clydesdale -Dr 76B 13151A CANTER ESTATES HOMEOWNERS ASSOC INC t 76B 1 3 236 RAPPEL, KENNETH O JR 76B 13 237 DOTSON, CHARLES A & LOUANN str..cs /� �• .• 76A 1 40 KETTERMAN, CHARLES D JR E S 76A1 39 KETTERMAN, CHARLES D JR 76A 1 38 1 KETTERMAN, CHARLES D JR l l,� c j 76A 1 37 STATON, CLIFFORD EUGENE i 76A 1 36 STATON, CLIFFORD EUGENE 76A 1 35 .ti STATON, CLIFFORD EUGENE ` 76A 1 34 GUFFEE, KERI B 76A 1 32 t MICHAEL, JASON 76B 13238 -� SOMMER, PHILIP W 1.✓ 76A 1 31 PITCOCK PARTNERS, LLC i. 76A 1 30 PITCOCK PARTNERS, LLC f-ot 35 Variance # 11 - 06 s ( 76A - 1 - 35) m Fmd.nck Coenly Dept of Planning 8 Development 107 N Kent Sl Winchester, VA 22601 —.CO.FREDERICK. VA.US 768 2 3 220A f 76B 23212 CANTER ESTATES HOMEOWNERS ASSOC INC j RENOIT, DAVID P 8 ROXANNE C I 768 1 3 151A CANTER ESTATES HOMEOWNERS ASSOC INC Clydesdale -Dr 76A 1 40 KETTERMAN, CHARLES D JR 76A 1 39 KETTERMAN, CHARLES D JR 76A 1 38 KETTERMAN, CHARLES D JR j 76A 1 37 l 1 STATON, CLIFFORD EUGENE 768 13238 SOMMER, PHILIP W 76A 1 36 STATON, CLIFFORD EUGENE 76A 1 35 STATON, CLIFFORD EUGENE 76A 1 34 GUFFEE, KERI B 76A 1 32 MICHAEL, JASON 76A 1 31 PITCOCK PARTNERS, LLC 76A 1 30 pITCOCK PARTNERS, LLC L I ✓ $ zon.n L-ot ^/som,m vamm.,,pcmc., .. aziem,,.,am Y..ay,�a• �xs pn.a��is�w. ax�a� a$ wm..uw.�. rum.ec.,.m.hry a.,�a� ""° 35 1 W” Frodenck CountD.pt of Plannin BDevolo menl 0 , EM,��M..�.�a•,.d ,,,,R„w.n.om. „�•.d, — Variance # 11 06 107 N Kent St Vol re ww^ert ��o. au.m a<w. �m ®PRp�°�;,o� �a,.n, ( 76A - 1 - 35) . 5 Winchester, VA 22601 —.CO.FREDERICK.VA.US m Lot 35 � � Frederick County Dept of Planning & Development Variance # 11 - 06 w �L Winchest107NKeni 1 sere• i_. n2• aa. or' VA 22601 NPnmiryew� °nNO�r�Ya f (76A-1 -35) v • • s • www.CO.FREDERICK.VA.US N s.m�mnao.a � APPLICATION FOR VARIANCE IN THE " l Q 2006 COUNTY OF FREDERICK, VIRGINIA -OFFICE USE ONLY - Variance Application "o. — Submittal Deadline: 5 0 to Submittal Date: o For the meeting of p a 1 11 Fee Paid: ,re. niitials: Sign Deposit 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: Michael M. Artz NAME: ADDRESS: 16 E Piccadilly St ADDRESS: Winchester. VA 22601 TELEPHONE: 540-667-3233 TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): 113 Callaway Ct. Stephen's City Funkhouser Lot 35 (Canter Estates Front Roval Pike. (VA State Rte. 522 4. The property has a road frontage of 50' feet and a depth of 160' feet and consists of .18310 acres and 7,976 sq.ft (please be exact). 5. The property is owned by Gene Eugene Staton as evidenced by deed from Clifford Eugene Staton; Hazel Inez Staton recorded(previous owner) in deed book no. 449 on page 378 of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: Opequon 7. Property Identification No.: 76A-1-35 8. The existing zoning of the property is: , 9. The existing use of the property is: Vacant 10. Ad.oming Property: USE ZONING North Vacant RP East Rt.522 South Residential RP West Callaway Ct. 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.") 40' Side Yard Variance — Both Sides 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 R - Lots predate current zoning, -OP setbacks prevent any structures ; adjacent parcels have received similar variance 13. Additional comments, if any: 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 Gufee, Keri B Address: 115 Callaway Ct.; Stephen's City, VA 22655 Property ID# 76A-1-34 Sommer, Philip W. Address: 114 Callaway Ct.; Stephen's City, VA 22655 Property ID# 7613-1-3-238 Dotson, Charles A Address:316 Clydsdale Dr.; Stephen's City, VA 22655 Property ID# 7613-1-3-237 Happel, Kenneth O. Jr. Address: 341 Clydsdale Dr.; Stephen's City VA 22655 Property ID#76B-1-3-236 Address: Property ID# Address: Property ID# Address: Property ID# Address: Property ID# 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. NOT" i. DARY SHOWN HEREON WAS DETERMINED BY A FIELD RUN SURVEY ,fFORMED BY ARTZ & ASSOCIATES ON MAY 18, 2006. 2. THIS PLAT IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 3. NO TITLE REPORT FURNISHED. N 12'53'19" W 0.72 LOT 34 CALLAWAY COURT ,N 77'24'45" E 3.89' N 13'57'15" W 49.31 m m 0 0 60' BRL 11.0' 11.0' LO PORCH 6, 0 0 Ki °4 co 28' m PROPOSED DWELLING iw (D � 0 CO V) 28' I z L-- LOT 35 7,976 5F S 13-1727- E 50.00' FRONT ROYAL PIKE PROPOSED CONDITIONS FOR LOT 35 F JKHOUSER LOTS OPEQUON DISTRICT, FREDERICK COUNTY, VIRGINIA 5CALE:1" = 20' DATE: MAY 19, 2006 PRESENT OWNER: GENE STATON TM #76A-1-35 DB 449 PG 378 PP0.IFY T $917AR SHEET 1 OF 1 'LAT ORTH r INSTBASED ON p20p19282 LOT 36 1H OF o , O MICHAEL M. ARTZ v No. 1951 lo SHO SURV�� Artz and A000ciateo, PLd A l5ubgidiary of Valley Engineering, PLO LAND SURVEYING LAND PLANNING DEVELOPMENT I6 East Piccadilly Street WINCHESTER, VA, 22601-4740 TEL 540-667-3233 FAX 5411-667-9188 TOLL FREE 1-800-755-7320 / AGREEMENT VARIANCE # (I - 6 (- Number 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 / ) I A-(" SIGNAT OF OWNER &'�p FDA DATE IS (10 O (If other than applicant) -OFFICE US ONLY- BZA PUBLIC HEARING OF A o o ACTION: APPROVAL SIGNED: BZA CHAIRMAN DENIAL DATE: Special Limited 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 B,y These Presen That I (We) (Name) f > ,i -q x a (Phone) (Address) 6,o `j e, G' <f �if�- J' —6, e r i the owner(s) of all those tracts or parcels of land ("Pro in the Clerk's Office of the Circuit Court of the County of Frederick, Instrument No. on Page Parcel: Lot: ' Block: Section: do hereby mak con titute and appoint• V 5 5 to me (us), by deed recorded Virginia, by , and is described as Subdivision: f�y /v R occ s" e e - 4 (Name) f c a e'- � ,r Z_ (Phone) - q0 `- � 4 / 3c233 (Address) V -V q - To act as my true and lawful attorney-in-fac 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 Plan (Preliminary and Final) ✓ Subdivision ✓ Site Plan 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 aut&&ization shall -expire one year from the day it is signed, or until it is otherwise rescinded or modified. y In witness thereof, I (we) have hereto set my (our) hand and seal this _[Yfday of , 200 , State of Virginia, City/c, of riVA , To -wit: yA��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 this1.�day of , 200 . 3t �GQ� My Commission Expires: C LA Notary Public VARIANCE APPLICATION #12-06 FUNKHOUSER LOTS, LOT 36 Staff Report for the Board of Zoning Appeals Prepared: June 7, 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 HATE: June 20, 2006 - Pending LOCATION: 111 Callaway Court MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERN: 76A-1-36 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) Land Use: Vacant ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) South: RA (Rural Areas) East: RA (Rural Areas) West: RP (Residential Performance) Use: Vacant Use: Vacant Use: Residential Use: Residential VARIANCE REQUESTED: A 40' side yard variance on both sides and a 20' front yard variance fronting Callaway Court REASON FOR VARIANCE: The lot predates the current zoning ordinance with regards to RA setbacks. Variance Request #12-06, Funkhouser Lots, Lot 36 June, 2006 Page 2 STAFF COMMENTS: This property was created in 1946. Frederick County adopted performance 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 both fronts 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, 60'rear and 50' sides. STAFF CONCLUSIONS FOR THE JUNE 20, 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 40' on both side yards and a 20' front yard variance to build a two-story residential structure of approximately 1,568 square feet in size. The Callaway Court front variance is being requested so as to save a large white oak tree. Should this variance be granted, the building setbacks for this property would be: 40' in the front, 60' in the back, and 10' on the sides. It is important to note that with the given setbacks the dwelling will fit the appearance of the neighborhood. 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. 76B 2 3 212 -ENOIT, DAVID P & ROXANNE C 76B 13151A CANTER ESTATES HOMEOWNERS ASSOC INC 76B 13236 RAPPEL, KENNETH 0 JR - - - 76B 13 237 DOTSON, CHARLES A & LOUANN scr.•r. ;'� me. ^o'Ps.m.mrvesa��w.,m.a., «asp. ue 766 2 3 220A CANTER ESTATES HOMEOWNERS ASSOC INC — —Clydesdale Dr 76A 1 40 4 KETTERMAN, CHARLES D JR 76B 13238 SOMMER, PHILIP W 76A 1 39 KETTERMAN, CHARLES D JR 76A 1 38 KETTERMAN, CHARLES D JR 76A 1 37 STATON, CLIFFORD EUGENE 76A 1 36 STATON, CLIFFORD EUGENE 76A 1 35 STATON, CLIFFORD EUGENE 76A 1 34 GUFFEE, KERI B 76A 1 32 MICHAEL, JASON 76A 1 31 PITCOCK PARTNERS, LLC 76A 1 30 PITCOCK PARTNERS, LLC Lot 36 Variance # 12 - 06 S ( 76A - 1 - 36) m Fredenck County Dept of Planning & Development 107 N Kenl St Wachesler, VA 22601 www. CO_FREDERI CK. VA. US 76B 2 3 212 'EN01T, DAVID P & ROXANNE C 76B 13151A CANTER ESTATES HOMEOWNERS ASSOC INC 76B 2 3 220A CANTER ESTATES HOMEOWNERS ASSOC INC -- Clydesdale -Dr 76B 13238 SOMMER PHILIP W Sin. / i iac.n a— Z.nine M1'ina,.�ui. [.nan, aav,el .. w..,..., o,.Rwm 0..,,..,. p-- ASK e—..c.,,.r„aa..i ,yrMs iMb��s.ow. aq�m r8vv�v Svvx.'o n,m r�l,"ti�HEMgharEMuuan 0..nn1 w.laur. p,er pw,pl Qjr, M, —1 RP,H...,. P.—o..ni 76A 1 40 KETTERMAN, CHARLES D JR 76A 1 39 KETTERMAN, CHARLES D JR 76A 1 38 KETTERMAN, CHARLES D JR 76A 1 37 STATON, CLIFFORD EUGENE 76A 1 36 STATON, CLIFFORD EUGENE 76A 1 35 STATON, CLIFFORD EUGENE 76A 1 34 GUFFEE, KERI B 76A 1 32 MICHAEL, JASON 76A 1 31 PITCOCK PARTNERS, LLC 76A 1 30 PI7GOCK PARTNERS, LLC Lot 36 Variance # 12 - 06 s ( 76A - 1 - 36 ) o . n Frederick County Dept of Planning & Development 107 N Kant Sl Winchoslet, VA 22601 www.CO.FREDERI CK. VA.US Lot 36 N Frederick County Dept of '1 Planning & Development Variance # 12 - 06 w 1,. VA 22 01 S1 SN meryfles� ,1 ue.'ef a. S" Winchester, K. 22.US ,Ov.. R.0= -I C -r.,e� LWs (76A-1 36 e „` m n www.CO.FREDERICK.VA.US APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA -OFFICE USE ONLY - Variance Application No. �R ��p Submittal Deadline: 511'606 Submittal Date: 544/0k- For the ineeting of & Z o a Fee Paid: initials: Sign Deposit MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner other ✓ 2. APPLICANT: OCCUPANT: (if different) NAME: Michael M. Artz NAME: ADDRESS: 16 E Piccadilly St. ADDRESS: Winchester, VA 22601 TELEPHONE: 540-667-3233 TELEPHONE: (Check one) 3. The property is located at (give exact directions and include State Route numbers): 111 Callaway Ct. Stephen's City Funkhouser Lot 35 (Canter Estates) Front Royal Pike, (VA State Rte. 522) MAY 1 o _1f rr 4. The property has a road frontage of 50' feet and a depth of 160' feet and consists of 0.1838 acres and 8,006 sq.ft (please be exact). 5. The property is owned by Gene Eugene Staton as evidenced by deed from Clifford Eugene Staton; Hazel Inez Staton recorded(previous owner) in deed book no. 449 on page 378 of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: Opequon 7. Property Identification No.: 76A-1-36 8. The existing zoning of the property is: 'wr f t� 9. The existing use of the property is: Vacant 10. Adjoining Property: USE ZONING North Residential RP East Rt.522 South Residential RP West Callaway Ct. 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.") 40' Side Yard Variance — Both Sides 20' Front Yard Variance Along Callaway Court 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 Lots predate current zoning, -R -P setbacks prevent any structures ; adjacent parcels have received similar variance 13. Additional comments, if any: Reason for Callaway Court Variance is to position the dwelling such that a large white oak tree can be saved 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=11N, Sommer, Philip W. Address: 114 Callaway Ct.; Stephen's City , VA 22655 Property ID# 7613-1-3-238 Staton, Clifford Eugene Address:509 E. Main St.; Berryville Va 22611 Property ID# 76A-1-37 Dotson, Charles A Address:316 Clydsdale Dr.; Stephen's City, VA 22655 Property ID# 7613-1-3-237 Happel, Kenneth O. Jr. Address: 341 Clydsdale Dr.; Stephen's City VA 22655 Property ID#76B- 1 -3 -23 6 Staton, Clifford Eugene Address: 509 E. Main St.; Berryville Va 22611 Property ID#76A-1-3 5 Address: Property ID# Address: Property ID# Address: Property ID# 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. NOTA 1. JARY SHOWN HEREON WAS DETERMINED BY A FIELD RUN SURVEY _.,FORMED BY ARTZ & ASSOCIATES ON MAY 18, 2006. 2. THIS PLAT IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 3. NO TITLE REPORT FURNISHED. PROPO51 LOT F ;KHO OPEQUON SCALE 1" z LU UA I t: MAY IV, NUb PRESENT OWNER: GENE STATON TM #76A-1-36 DB 449 PG 378 CALLAWAY COURT Artz and Aplgociateo, PLd A Nubpidi—y of Valley Engineering, PLd LAND SURVEYING LAND PLANNING DEVELOPMENT 16 East Piccadilly Street WINCHESTER, VA. 22601-4740 TEL 540-667-3233 FAX 540-667-9188 �. TDIl. mpF 7-Nr1D-755-732(1 / AGREEMENT 17A7?1AWf-'T, -" /–) —rl T �11x_�" 14 moi, rr ! (x -- Number vNumber 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 ,APPLICANT DATE 5 I l CI 10 ('�' SIGNAT RE OF OWNER r� DATE t 011 D6 (If other than applicant) -OFFICE US ONLY- BZA PUBLIC HEARING OF -2 O e" ACTION: APPROVAL SIGNED: BZA CHAIRMAN DENIAL DATE: Special Limited 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 I en B T/ -hese Presents: That I (We) (Name) A, �t�r�r� ;F-. lA�Phone) (Address) 50 q E_, ljJck ;'V _Y-7`7 4� the owner(s) of all those tracts or parcels of land ("Pro in the Clerk's Office of the Circuit Court of the County of Frederick, Instrument No. on Page Parcel: Lot:—36 Block: Section: do hereby make constitute and appoint:, ,5" �/o 4 95�_ __2 15 Z, conveyed to me (us), by deed recorded Virginia, by , and is described as Subdivision: (Name) ,o7ll e-yiq!!CZ. /i : ,/ 'I`? (Phone) lJ (Address) Z� o� �Ir� eb'q p c.: e_ �_ , �-a- ,�Z �2 & c; To act as my true and lawful attorney -in- act 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 Plan (Preliminary and Final) ✓ Subdivision ✓ Site Plan 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 autl'iorization shalllexpire one year from the day it is signed, or until it is otherwise rescinded or modified. iG(, In witness thereof, I (we) have hereto set my (our) hand and seal this day of 200 �4 , Signa_ ture(s) State of Virginia, City/C �unlof Lam( A-1' , To -wit: W 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, persona%ay appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this � of N - 200 (e . - -J\- �TjbC) My Commission Expires: Notary Y'ublic VARIANCE APPLICATION #13-06 FUNKHOUSER LOTS, LOT 37 Staff Report for the Board of Zoning Appeals Prepared: June 7, 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: June 20, 2006 - Pending LOCATION: 109 Callaway Court MAGISTERIAL DISTRICT: Shawnee PROPER'T'Y ID NUMBER(S): 76A-1-37 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) Land Use: Vacant ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Vacant East: RA (Rural Areas) Use: Residential West: RP (Residential Performance) Use: Open Space VARIANCE REQUESTED: A 40' side yard variance on both sides REASON FOR VARIANCE: The lot predates the current zoning ordinance with regards to RA setbacks. Variance Request #13-06, Funkhouser Lots, Lot 37 June, 2006 Page 2 STAFF COMMENTS: This property was created in 1946. Frederick County adopted performance zoning in1967. The Frederick County historical zoning map shows this property was zoned A-2 (Agricultural General) in1967. The property setback lines at the adoption of the zoning ordinance were 35' for both fronts 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, 60'rear and 50' sides. STAFF CONCLUSIONS FOR THE JUNE 20, 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 40' on both side yards to build a two-story residential structure of approximately 1,568 square feet in size. Should this variance be granted, the building setbacks for this property would be: 60' in the front, 60' in the back, and 10' on the sides. It is important to note that with the given setbacks the dwelling will fit the appearance of the neighborhood. 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. f 76B 2 3 220A 7156 23212 ! CANTER ESTATES HOMEOWNERS ASSOC INC REN01T, DAVID P 8 ROXANNE C !1 76B 13151A CANTER ESTATES HOMEOWNERS ASSOC INC 768 13236 HAPPEL, KENNETH 0 JR -Clydesdale Dr-- —` 768 13238 SOMMER, PHILIP W 76A 1 40 KETTERMAN, CHARLES D JR 76A 1 39 KETTERMAN, CHARLES D JR 76A 1 38 KETTERMAN, CHARLES D JR 76A 1 37 STATON, CLIFFORD EUGENE 76A 1 36 STATON, CLIFFORD EUGENE 76A 1 35 STATON, CLIFFORD EUGENE 76A 1 34 GUFFEE, KERI B 76A 1 32 MICHAEL, JASON 76B 13 237 76A 1 31 DOTSON, CHARLES A 8 LOUANN PITCOCK PARTNERS, LLC Streets / Terciary Roads /%/ Primary Roads Wnchester City Roads /N/ Secondary Roads ® VAR 1306_CliffordStation_Lot37 Lot 37 Variance # 13 - 06 (76A-1 -37) 76A 1 30 PITCOCK PARTNERS, LLC N Fredorick County Dept of Planning 8 Development w 107 N Kent St s Winchester, VA 22601 www. CO. FREDERI CK. VA.0 S 1 , a n , May 17, 2006 76B 23212 °NOIT. DAVID P & ROXANNE C 76B CANTER ESTATES 1- 76B 2 3 220A CANTER ESTATES HOMEOWNERS ASSOC INC ---Clydesdale- 76B 76B 13236 HAPPEL, KENNETH O JR 76B 13237 DOTSON, CHARLES A & LOUANN 76A 1 40 KETTERMAN, CHARLES D JR 76A1 39 KETTERMAN, CHARLES D JR - �. i 76A 1 38 }tj KETTE RMAN, CHARLES D JR 76A 1 37 tt STATON, CLIFFORD EUGENE 4 j l '} 76A 1 36 ( STATON, CLIFFORD EUGENE 1 76A 1 35 1 STATON, CLIFFORD EUGENE i 76A 1 34 111 GUFFEE, KEN B / 76A 1 32 MICHAEL, JASON 76B 1 3 238 1 SOMMER, PHILIP Streets / / Terciary Roads /%,/ Primary Roads .. Wnchester City Roads o^V Secondary Roads EMVAR1306_CliftordStation Lot37 4 76A 1 31 PITCOCK PARTNERS, LLC ; ,�,.,.r•-^'� 76A 1 30` PITCOCK PARTNERS, LLC ,lk; a Lot 37 N Fredenck County Dept of Planning & Development �� ' 107 N Kenl St Variance # 13 - 06 ,s W—hesler, VA 22601 _.CO.FREDERICK. VA.US (76A-1 —37) a ,,. e n w May 17, 2006 Lot 37 Frederick County Dept of Streets / / Tertiary Roads w�c Planning & Development Primary Roads Winchester City Roads Variance # 13 - 06 107 N Kent St S Winchester, VA 22601 Secondary Roads Q VAR7306_CliflordStation_Lot37 (76A-1 - 37) a www.CO.FREDE May 17. 2006 May 17, 2006 APPLICATION FOR VARIANCE IN THE �r , COUNTY OF FREDERICK, VIRGINIA oss -OFFICE USE O1LY- Variance Application "o. —0(0 Submittal Deadline: Submittal Date: For the meeting of 1& 61 O Fee Paid: es initials: Sign DepositC 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: Michael M. Artz NAME: ADDRESS: 16 E Piccadilly St. ADDRESS: Winchester, VA 22601 TELEPHONE: 540-667-3233 TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): 109 Callaway Ct. Stephen's City Funkhouser Lot 35 (Canter Estates) Front Royal Pike VA State Rte. 522) 4. The property has a road frontage of 50' feet and a depth of 160' feet and consists of 0.1845 acres and 8,039 sq.ft (please be exact). 5. The property is owned by Gene Eugene Staton as evidenced by deed from Clifford Eugene Staton; Hazel Inez Staton recorded(previous owner) in deed book no. 449 on page 378 of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: Opequon 7. Property Identification No.: 76A-1-37 8. The existing zoning of the property is: 9. The existing use of the property is: Vacant 10. Adjoining Property: USE ZONING North Residential East Rt.522 South Residential West Callaway Ct. 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.") 40' Side Yard Variance — Both Sides 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 Lots predate current zoning RP setbacks prevent any structures ; adjacent parcels have received similar variance 13. Additional comments, if any: 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, lnCli�dl::g propertieS at the Sides, rear slid iii front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notified by mail of this application: Name Sommer, Philip W. Address: 114 Callaway Ct.; Stephen's City, VA 22655 Property ID# 76B-1-3-238 Ketterman, Charles D. Jr. Address: 105Callaway Ct, Stephen's City, VA 22655 Property ID# 76A-1-40 Dotson, Charles A Address -.316 Clydsdale Dr.; Stephen's City, VA 22655 Property 1D# 76B-1-3-237 Happel, Kenneth O. Jr. Address: 341 Clydsdale Dr.; Stephen's City VA 22655 Property ID#76B-1-3-236 Address: Property ID# Address: Property ID# Address: Property ID# Address: Property ID# 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. NOTE' 1. 7ARY SHOWN HEREON WAS DETERMINED BY A FIELD RUN SURVEY ORMED BY ARTZ & ASSOCIATES ON MAY 18, 2006, 2. THIS PLAT IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 3. NO TITLE REPORT FURNISHED. PROPOS LOT F' 'KHC OPEQUON SCALE: ll' = LU UA I t: MAY lY, NUb PRESENT OWNER: GENE STATION TM #76A-1-37 OB 449 PG 378 PR(LICr:T B917AA CALLAWAY COURT N 1357'15" * 50.01' Artz and AAoociatep, PLd A $ub9idiary of Valley Engineering, PLC LAND SURVEYING LAND PLANNING DEVELOPMENT 16 Easl Piccadilly Street WINCHESTER, VA 22601-4740 TEL 640-667-3233 FAX 540-667-9188 TOLL FREE 1-800-755-7320 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 JPLIC DATE SIGNAT F OWNER ./�� f %�•- DATE / D (If other than applicant) -OFFICE USE PNLY- BZA PUBLIC HEARING OF ( o106 ACTION: APPROVAL SIGNED: BZA CHAIRMAN DENIAL DATE: Special Limited 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 h T7 • A 11 w 'n These T7 t T /All \ Know All 1 Ie RY ese r resents: i a6 1 k vv L) (Name) ! i'C+:L c (Phone) (Address) 6 1.1ya the owner(s) of all those tracts or parcels of lan("Pro in the Clerk's Office of the Circuit Court of the County of Frederick, Instrument No. on Page Parcel: Lot: Block: Section: do hereby make, co stitute and,ppoint 0•'c%--5a-c�?G to me (us), by deed recorded Virginia, by and is described as Subdivision: 1-6e /r l�,z .S =e f P (Name) �i 4i' 2 C' r ,- none) I-- � - If Le (Address) 16; To act as my true and lawful attorney-in-fact for and in my (our) n me, 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 Plan (Preliminary and Final) ✓ Subdivision ✓ Site Plan 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 d'ulh( modified. one year from the day it is signed, or until it is otherwise rescinded or In witness thereof, I (we) have hereto set my (our) hand and seal this 200_Qi, Signature(s) *day of State of Virginia, City/ oun--�-- of ay , To -wit: I, �Ap Vt� �� '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 mein the jurisdiction aforesaid this \101 day of , 200U. My Commission Expires: Nota` Public