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BZA 02-20-07 Meeting AgendaAGENDA FREDERICK COUNTY BOARD OF ZONING APPEALS The Board Room Frederick County Administration Building 107 N. Kent Street Winchester, Virginia February 20, 2007 3:25 p.m. CALL TO ORDER 1) Determination of a Quorum 2) Minutes of January 16, 2007 PUBLIC HEARING 4) Variance Request #01-07 of Ralph Combs for a 15 foot front yard variance, resulting in a front yard setback of 20 feet, for the construction of a handicap accessible ramp. This property is located at 100 Fortress Drive in the Star Fort Subdivision, and is identified with Property Identification Number 54N-2-2-32 in the Stonewall Magisterial District. 5) Variance Request #02-07 of Gary Baylis for a 49 foot right yard variance resulting in a 51 foot right yard setback for the construction of a single family dwelling. This property is located on Sulphur Springs Road (Route 655) near Opequon Creek, and is identified with Property Identification Number 65-A-187 in the Shawnee Magisterial District. 6) Other FILE COPS' MEETING MINUTES OF THE FREDERICK COUNTY BOARD OF ZONING APPEALS Held in the Board Room of the Frederick County Administration Building, 107 N. Kent Street, Winchester, Virginia, on, January 16, 2007. PRESENT: Theresa Catlett, Chairman, Opequon District; Robert Perry, Vice Chairman, Stonewall District; Dwight Shenk, Gainesboro District; Eric Lowman, Red Bud District; Kevin Scott, Shawnee District; Dudley Rinker, Back Creek District; and Robert W. Wells, Member -At -Large. ABSENT: STAFF PRESENT: Mark R. Cheran, Zoning and Subdivision Administrator; 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 November 21, 2006 meeting were unanimously approved as presented. Chairman Catlett welcomed Mr. Eric Lowman to the Board of Zoning Appeals. Mr. Lowman is the new member from the Red Bud District. Chairman Catlett opened the floor for motions for the election of officers for the year 2007. Mr. Wells made a motion to keep the current officers in place. Mr. Scott seconded the motion and it passed unanimously. Officers for the Board of Zoning Appeals for the year 2007 are: Theresa Catlett, Chairman; Robert Perry, Vice Chairman; and Bev Dellinger, Secretary. The By -Laws for the Board of Zoning Appeals were unanimously adopted, as well as the time and place of meetings, which is the third Tuesday of the month at 3:25 p.m. in the Board Room of the Frederick County Administration Building, 107 North Kent Street, Winchester, Virginia. Chairman Catlett stated she would like to take this opportunity to present a Resolution of Appreciation, honoring Mr. Dudley Rinker, for his years of service to this Board and also Mr. Rinker has served this County in many capacities for many years. Chairman Catlett read the Resolution and presented it to Mr. Rinker. Mr. Rinker stated it certainly has been interesting and he leaves the Board in good hands. Mr. Rinker stated he's only going to serve until Mr. James Givens' appointment becomes official. The cut-off date for the February meeting is January 19, 2007. Minute Book Page 1424 Frederick County Board of Zoning Appeals Minutes of January 16, 2007 PUBLIC HEARING Variance Request #26-06 of Darin S. Newlin, for a 22 foot left side yard variance, resulting in a left side yard setback of 28 feet. This property is located in Hogue Creek Estates, Lot 22-B, and is identified with Property Identification Number 50- 4-22B in the Back Creek Magisterial District. ACTION — VARIANCE APPROVED Ms. Krempa gave the staff report. The property setback lines for this property at the time of the adoption of the Frederick County Zoning Ordinance were 35 feet front, 15 feet rear and 15 feet both sides. In 1989, when Frederick County amended its zoning ordinance to change rural zoning classifications to the current RA (Rural Areas) Zoning District, the setbacks changed to 60 feet front, 50 feet rear and 50 feet both sides. Ms. Krempa continued that 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 requesting a variance of 22 feet for his left side yard to produce a buildable area on the property. Should this variance be granted, the building setbacks would remain 60 feet front, 50 feet on the right, change to 28 feet on the left and remain 50 feet to the rear. This is a five acre piece of property; however, the steep slopes, floodplain across the middle and narrowness of the lot toward the front of the property appear to present a hardship as defined in the Code of Virginia, Section 15.2-2309(2). This request from the current setbacks of the RA zoning district could be justified. Mr. Darren Foltz, who is representing the applicant, approached the podium. Mr. Foltz stated he agrees with staff comments; the topography is a hardship as well as the narrowness of the lot. Chairman Catlett asked if anyone present would like to speak in favor of the variance. There was no response. She then asked if anyone would like to speak who is opposed to the variance, and no one responded. The public hearing portion of the meeting was closed. Discussion As the request seemed to be in order, Mr. Shenk made a motion to approve Variance 426-06. Mr. Scott seconded the motion and it passed unanimously. Minute Book Page 1425 Frederick County Board of Zoning Appeals Minutes of January 16, 2007 PUBLIC HEARING Appeal Application 927-06 of JRE Winchester, LLC, to appeal the decision of the Zoning Administrator in accordance with Section 15.2-2311 of the Code of Virginia. Two decisions made in the November 28, 2006, Zoning Determination Letter prepared by the Frederick County Zoning Administrator are being appealed. The first decision involves the determination that vehicles for rent must be screened behind a six-foot board -on -board fence or by evergreen trees. The second decision involves the determination that the gravel area of the site that will be utilized for the display of equipment for sale or rent must have impervious surface landscaping as indicated in Section 165-27E of the Frederick County Zoning Ordinance. This property is located at the end of Yardmaster Court on the west side of Martinsburg Pike (US Route 11) approximately two miles north of Interstate 81, Exit 317, and is identified with Property Identification Numbers 44- A -75C, 44 -A -75D and 44 -A -75E in the Stonewall Magisterial District. ACTION — APPEAL APPROVED Mr. Cheran gave the staff report. Section 165-33A states that all outdoor storage must be screened by a fence, wall or by screening. Section 165-33D states that the display of vehicles for sale by a vehicle dealer shall be exempt from the screening requirements of 165-33A. The applicant in their appeal application states that James River Equipment should not be required to screen vehicles for rent or awaiting repair because other sites in the County have not been made to do so. The Zoning Ordinance clearly designates that this ordinance pertains only to vehicles that are for sale, not vehicles for rent or awaiting repair. Mr. Cheran further stated that the applicant is also appealing the Zoning Administrator's interpretation of Section 165-27E(11)(a), which states that the perimeter of all impervious areas shall be landscaped with shade trees and other landscaping. One tree shall be provided for every 2,000 square feet of impervious area for the first 100,000 square feet of the entire site. One tree shall be provided for every 5,000 square feet of impervious area over 100,000 square feet of the entire site. Frederick County allows the area used for the storage of this type of vehicle/equipment to be gravel due to the weight of the equipment; landscaping requirements still apply to this parking lot. In the applicants' appeal application, they state that due to the definition of impervious surface in the Zoning Ordinance and which items are not calculated toward the total, they are excluded from providing this landscaping. Section 165-156, Definitions and Word Usage, defines impervious surface as any area generally paved or graveled, with a surface that prevents or significantly reduces absorption of stormwater into the ground. When calculating impervious surface area for landscaping purposes, retention and detention basins, dry wells, sidewalks, display areas, dumpster pads and structures shall be excluded. The areas used to display the vehicles that are for sale clearly do not count towards the impervious surface calculations. However, the entire gravel parking lot that will also contain vehicles for rent and vehicles awaiting repair are not display areas and are clearly not exempt from the landscaping requirements of § 165-27E(11)(a) and need to provide the required landscaping. It is also noted that this area is classified as a parking lot, not a storage lot, due to the type of vehicles being stored (mechanized equipment is defined as a vehicle in the Merriam's-Webster Dictionary). Minute Book Page 1426 Frederick County Board of Zoning Appeals Minutes of January 16, 2007 Staff is requesting to affirm the decision of the Zoning Administrator in the administration of Section 165-27 and 33D of the Frederick County Zoning Ordinance regarding the requirements as they apply to the applicant's site plan. The requirements being placed on this site are requirements of the Frederick County Zoning Ordinance and are the same requirements being placed upon all new developments within the County. Mr. Evan Wyatt of Greenway Engineering, who is representing the applicant, approached the podium. Mr. Wyatt handed out a presentation to the Board members. Mr. Wyatt asked the Board members to look at the fold -out map included with his presentation. Mr. Wyatt showed the members the parking area on the map that complies with what the County requirements are. He also showed them where the equipment display and outdoor storage area are located. There is also about a 10,000 square foot area that has been designated as a repair area and there is an actual six foot high fence. They concur that when you get equipment that's awaiting repair that it should definitely be screened from adjoining properties and road right-of-ways. Mr. Wyatt further stated that where they have hit an impasse on the site plan approval has been with the issue of outdoor display of equipment that they believe, whether the equipment is for sale or for rent, has been allowed to occur on all other sites that Mr. Wyatt can think of without the need for screening. The other issue is the outdoor display area; the requirement being suggested for parking lot landscaping because it is impervious surface area. They believe that businesses within Frederick County that have been developed over the same ordinance standards have not changed since they were originally adopted in 1990. The sites that have developed, whether they are having display of equipment outside for rental or for sale, are allowed to display their products and be visible. Off-street parking is the first section Mr. Wyatt wants to reference. Section 27 of the Zoning Ordinance is the section that is specific to off-street parking. It says that off-street parking shall be provided on every lot or parcel on which any use is established according to the requirements of this section. When you go through the parking lot section it says you need curb and gutter, asphalt, striping, etc. They are specific standards for parking lots. Section 27E(l 1) says that parking lots shall be landscaped; it further says that landscaping shall be provided in such parking lots as follows. Then it goes into subsection (a) which is perimeter landscaping and it says the perimeter of all impervious areas shall be landscaped. The area that the County has chosen in their Ordinance for outdoor display falls under the general category of outdoor storage and processing. It says that in the business and industrial districts, you can have outdoor storage and you can have stuff that's used in your processing stored outside, provided it's directly associated with the business. It goes on to say under subsection (a), 33(a), that if you are doing outdoor storage or processing that that should be completely screened from views of right-of-ways and adjoining properties. There is an exemption in this same section which talks about display of vehicles for sale by a vehicle dealer. It says that they're allowed to display vehicles for sale by a dealer along with other products for sale that are normally displayed outdoors and not only are they allowed to display them outdoors, but they're exempt from the above requirements, being the screening requirements. There are two definitions in the Ordinance today; one is specific for a parking lot. There's another definition that's strictly for display areas. The definition of impervious says when calculating impervious area for landscaping purposes, display areas shall be excluded. Mr. Wyatt stated they believe their site plan clearly complies with what the ordinances are. Looking at what's happened in the community, how site plans have been approved, and how their site has been designed, Minute Book Page 1427 Frederick County Board of Zoning Appeals Minutes of January 16, 2007 `hey believe they are consistent with the Ordinance. In reviewing the staff report, the only real thing that Mr. . Jyatt would like to note is the comment about the requirements being placed on the site are requirements being placed upon all new development. That would be appropriate as a comment if the ordinance had been revised recently, and it has not. For economic development purposes, business people coming into this community or to do expansions or new development, there is a certain degree of predictability that they're looking for, and that degree of predictability is the ordinance that we use to design the sites. Looking at how we've done these other sites, the ordinance hasn't changed, and that's how they do their design. If the County is interested in putting up a visual barrier for rental products, Mr. Wyatt personally doesn't think that's beneficial to that sector of the business community because they need the visibility to let people know they are there. But if that's the direction that the County wants to go, that's fine, but it should be done through a process in which the business communities are involved with an ordinance revision that the Board of Supervisors ultimately approves or denies. Mr. Wyatt believes that the impervious issue does not apply to them because it is not a parking lot. Mr. Wells asked Mr. Wyatt how this appeal came before this Board. Mr. Wyatt replied that James River purchased the property and they hired Greenway Engineering to do the site plan. The site plan was filed along with all agency comments; they received approvals from all review agencies with the exception of Planning. We are now at an impasse. Since September of last year, they have been seeking to get their site plan approved and this is the only outstanding issue preventing that. They got to a point where they felt they had to come before this Board. Mr. Perry asked, bottom line, what is the difference between an area where you're going to park a vehicle or equipment and a parking lot. Mr. Wyatt responded that the difference gets into the definition ection of the Ordinance. The Ordinance says a parking lot is this, and then there's a specific section of the Zoning Ordinance that says a parking lot shall be designed based on this criteria. You determine the number of parking spaces based on this criterion. By definition a display area is different. In a display area, not only on this site but every other site plan Mr. Wyatt has been involved with, your parking area is here and your display area is here. The two standards are designer different. What is being suggested is that because we have vehicles that are for sale and rent in the display area, that those would now constitute a parking lot. That's the first time in Mr. Wyatt's knowledge that that interpretation has ever been made for a commercial site. Mr. Wells made a motion to approve the appeal of James River Equipment. Mr. Wells attached to the motion that they request the proper Board to review these particular ordinances and bring them in line with where they really need to be. Mr. Scott seconded the motion. Mr. Wells further stated the ordinances seem counter-productive to him; one says one thing and one says something else. It's a gray area. Chairman Catlett asked Mr. Wells if his motion is to overturn the decision of the Zoning Administrator. Mr. Wells said yes, but he wants Mr. Cheran to know that's not overturning, it's recognizing the situation that Mr. Cheran is in. Mr. Wells further stated that he in no way means this as a negative comment. Mr. Scott said they are recognizing there are mitigating factors involved and that Mr. Cheran followed the Ordinance, as he must, in his role as Zoning Administrator. Chairman Catlett called for the vote and it was unanimous to approve Appeal #27-06. Minute Book Page 1428 Frederick County Board of Zoning Appeals Minutes of January 16, 2007 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 4:25 p.m. by unanimous vote. Respectfully submitted, Theresa B. Catlett, Chairman Bev Dellinger, Secretary Minute Book Page 1429 Frederick County Board of Zoning Appeals Minutes of January 16, 2007 VARIANCE APPLICATION #01-07 RALPH COMBS Staff Report for the Board of Zoning Appeals Prepared: February 5, 2007 Staff Contact: Lauren E. Krempa, Zoning Inspector 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: February 20, 2007 - Action Pending LOCATION: 100 Fortress Drive in the Star Fort Subdivision MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 54N-2-2-32 PROPERTY ZONING & USE: Zoned: Residential Performance (RP) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RP (Residential Performance) South: B2 (Business General) East: RP (Residential Performance) West: RP (Residential Performance) Use: Residential Single Family Dwellings Use: Hill Crest Nursing Home Use: Residential Single Family Dwellings Use: Residential Single Family Dwellings VARIANCE REOUESTED: The applicant is requesting a 15 foot front yard variance, which would result in a 20 foot front yard setback line for the construction of a wheelchair ramp. REASON FOR VARIANCE: The lot is triangular with a very small building restriction line due to wide drainage easements, sanitary sewer easement and 50 foot zoning district buffer category "A." Variance #01-07 — Ralph Combs February 5, 2007 Page 2 STAFF COMMENTS: Frederick County adopted zoning in 1967. The Frederick County historical zoning map shows this property was zoned R2 (residential general). The property setback lines at the adoption of the zoning ordinance were 35 feet for the front, 10 feet for the side yards, and 35 feet to the rear. Frederick County amended its Ordinance in 1989 to change the R2 zoning districts to the current RP Zoning District, making the current setbacks for the property: 35 feet to the front, 25 feet to the rear, and 10 feet to both sides. Staff has worked with the property owner and builder of the wheelchair ramp to discuss any alternative building options prior to the application for this variance, none of which are able to meet the building code requirements from the Americans with Disabilities Act. Therefore, based on the shape of this property, and the small buildable area due to various buffers and easements on the property, the applicant is seeking a 15 foot front yard variance resulting in a new front yard setback of 20 feet. This request is generated by the need for a wheelchair ramp to provide access for a resident of the property. All other property setback lines will remain unchanged. STAFF CONCLUSIONS FOR THE FEBRUARY 20, 2007 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 15 foot front yard variance for the construction of a wheelchair ramp for a resident of the property requiring the ramp in order to access the home. Should this variance be granted, the building setbacks for this property would change to 20 feet in the front, and remain 25 feet in the rear, and 10 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 RP zoning district may be justified in order to enable the construction of the wheelchair ramp. 86. �., C9 8Dt Nps AS 11.r Slane � 479 /O0 LE gr. /Or. 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Qr y m m` '� CZ`h��hahh n o k N �hm h bb N�oH ,SGibp eg i ye 0 C,j ?//a\n, d tiy�Q S3p2bat' a y s �r ON 4 v Q � Z •',Q �= Q '�� C C N �ti O 5 a SO A13N gsPo^� Qv � y b O h '� CZ`h��hahh Q cc CE APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA _OFFICE USE ONLY- Variance Applicatiop No. e0 l 0"7 Submittal Deadline: I '7 Submittal Date: 1. For the meeting of ti o 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) NAME: Ralph H. Combs, Jr. NAME: Executive Director, Shenandoah Valley Community Residences, Inc. ADDRESS 20 E. Piccadilly St. ADDRESS: Winchester VA 22601-4869 3 3 TELEPHONE: 540-722-4900 TELEPHONE: The property is located at (give exact directions and include State Route numbers): 100 Fortress Drive, 22603, in the Star Fort Subdivision, north of Winchester on 522 N. Turn right onto Lauck Drive (State route 832), then right onto Fortress Drive. First house on the right. The property has a road frontage of 227 feet and a depth of 186.17 feet and consists of 0.49901 acres (please be exact). at maximum, to a minimum of 0 Page 5 of 9 5. Theproperty is owned by Shenandoah_ Malley Community Residences as evidenced by deed from Dan Ryan Bldrs. , Inc. recorded (previous owner) in deed instrument b;g�* no, 040014691 on page of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: Stonewall 7. Property Identification No.:U Iy 2 2 2 8. The existing zoning of the property is: 9. The existing use of the property is: 10. Adjoining Property: USE ZONING North u( P �SOU411 C West VQ ddihr�(U 11. Describe the variance sought in terms of distance and type. (For example: "A 3.5' rear yard variance for an attached two -car garage.") A 15' front yard variance for the construction of a wheelchair ramp for an individual with intellectual, developmental, and physical disabilities living in the home. 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 The lot is triangular with a very small building restriction line due to wide drainage easements, sanitary sewer easement, and 50' zoning district buffer category "A". Page 6 of 9 13. Additional comments, if any: None at this time. 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 rl C Vf S+ N k ly S � ` ' C Address b Property ID # 5 H - N -I kC C I n L' 1 1 Address << J 2 Property ID # 5 fA - A - (,v Ani Y� IW Address (U ? �F0' Property ID# LI N- 2- 2_ �t, t t I M M U S I Address Property ID# Fj N- i - 21 RCLV b v CC ri . Address Property ID # - -- 1 ha Y t ci- A- 0 1 Ib C I ►/\ Address M Property ID# b L -f . N- Z 2-12— ZAddress 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. See Attached Sketch of Property. Page 8 of 9 AGREEMENT VARIANCE # 6 ( - o' (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. SI T OF APPLICANT DATE I I I qk© -1 SIG ATURE OF OWNER (- . C� • DATE (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF ACTION: - DA E - SIGNED: APPROVAL BZA CHAIRMAN DENIAL DATE: Page 9 of 9 r f 4 r J I o- bS_ cls.; g., _ id 1 0'SZ 0'SZ \ J�p1�dJJb .S O�d�SO / Jti i � JC � � �Ea �y `yoyc � 0 0� VARIANCE A NCE APPLICATION #02-07 GARY BAYLIS Staff Report for the Board of Zoning Appeals Prepared: February 5, 2007 Staff Contact: Lauren E. Krempa, Zoning Inspector 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: February 20, 2007 - Action Pending LOCATION: South side of Sulphur Springs Road (Route 655) near Opequon Creek MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 65-A-187 PROPERTY ZONING & USE: Zoned: Rural Areas Land Use: Vacant ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) South: RA (Rural Areas) East: Clarke County West: RA (Rural Areas) Use: Residential Use: Regional Landfill Use: Regional Landfill Use: Regional Landfill VARIANCE REQUESTED: 49 foot right yard variance resulting in a 51 foot right yard setback for the construction of a single family dwelling. REASON FOR VARIANCE: The property has exceptional shallowness due to topography and the location of the flood zone on the property. Variance #02-07 — Gary Baylis February 5, 2007 Page 2 STAFF COMMENTS: Frederick County adopted zoning in 1967. The Frederick County historical zoning map shows this property was zoned A-2 (Agricultural General) in 1967. The property setback lines at the adoption of the zoning ordinance were 35 feet for the fronts and 15 feet for the side yards. Frederick County amended its Ordinance in 1989 to change the A-2 zoning districts to the current RA (Rural Areas) Zoning District, making the current setbacks for the property: 60 feet to the front, 100 feet to the rear, and 100 feet to both sides. Therefore, based on the topography for this property and the existence of the flood plain, the applicant is seeking a 49 foot right yard variance. All other property setback lines will remain unchanged. This variance request, if approved, will result in a 60 foot front yard setback, a 100 foot rear yard setback, a 100 foot left yard setback and a 51 foot right yard setback. Staff would point out that a different variance request, for a front yard variance, was heard by this Board in December of 2006. That application was tabled, at the request of the applicant, and was then withdrawn by the applicant. For this variance request, the applicant has reconfigured the location of the house on the property and is now requesting a right side yard variance off of the Frederick County Landfill. Staff would also note that the applicant did obtain the necessary approvals for this dwelling from the Health Department and the Virginia Department of Transportation, proof of which is included in your agenda. STAFF CONCLUSIONS FOR THE FEBRUARY 20, 2007 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 49 foot right yard variance. Should this variance be granted, the building setbacks for this property would be 60 feet in the front, 100 feet in the back, would change to 51 feet on the right side and remain 100 feet on the left side. It appears that this variance meets the intent of the Code of Virginia, Section 15.2-2309 (2). This request from the current setbacks of the RA zoning district may be justified. ''AA VO 4% 0 0 cc `�► C RCKS m CL LO -6 ii 3 Q. CL E a U O a_ E Z C7 0� �� 0 =o� W mc Q 'E. _� W W =m a � m m m w z������ K V O c u� s o N wL = a+ x as a NC�(�?o X11 L � , L16 a 0 \ U s R a n U - so m Q � N b W � O Z m a� O C:3 VG e 0\, �P0\G a `c s p 6�ac. 65 'P1�ac GSR � C 7HOMPSON I 65 A 186H s - 5.33 ac. QGaro`O� Q, � a. 1p D -- AN g6G v Q 65P 5.0 U LL � � N W ■ • �o U) > `n d G c opo /7 = N r+ m R • 0 _� V Q ef .J a - = cc p >a E U w O � L c � L 0 a R y m E o n c LL min aa`mt=Q as 2oo?o 41110 L LI. a 0 U s `m - ma z W� 0 r � H Q n Gohb ti. Orl 65 5_ c THOMPSON 65 A 186H 5.33 ac. �� ho � m c_.°Oo _ POUND — A 186G a a 65 5.98 U I y m mal; � d � Om � 12/FJ1/2OO6 14:59 54072234- FRED CO EH PAGE 01 Lord Fairfax Envie onm'eutal Health Distrij t 107 N. Dent St. 9) Winchester, Virginia 2260'1 (540) 722 -34"80 --,FA X f540) 722-3479 Cmntaes of Clarke, Ymdertck Page, ,Shenandoah, W"rM and City of Winchester To: Frederick County Building and Inspections From: Ye rin D. 'Yost, FredeZ'Ck-WinChester Health Department Date: October 13, 2006 Subject: Existing sewage disposal system; Tax Map # 65-A-187 Gary Baylis property The health department has no objection to a buildin pe ml on tie sub-eet property. g P zznit for a one-bedz-oorn replaceme.�t l p Ply The sewage disposal system. proposed to serve the replacement mobile home appeared to be functiaxxing properly after needed repairs. A new sewer line may be required to serve the replacement dwelling if current permit expires. If so, a Health De artment Permit will be required. p 1Vo guarantee is given or implied that this sewage disposal system will continue to function properly in the future. Repairs will be required if the system malfunctions. Such repairs may require the installation of an alternative sewage disposal system. Thank you. Devin D. Yost PERMIT TO INSTAL OR REPAIR WATER SUPPLY and/or SE DISPOSAL S }1 _ C- 0 r`✓-�R Address f' �f -r eie F. YbSa_liag Ac�fi. osis) Occupant a,=� Address��' -¢`g�` Phone (Mailing Address) _ Exact Location of Premises — (Subdirision — pec tion — OWNER DESIRES T0: p414STALL ❑ REPAIR FOR--- ` El Water Supply System ❑ Water Supply System gelling E]Other -- -- aor Estimated �r^.rz= eia a Disposal System ❑ Sewage Disposal System Actual or Potential Bedroolxs-A il ❑ Septic Tank ❑ Septi a ank Consumption42,0_41Cal. Per Day Automatic Washing -Machine Health Department R-ecommends: ... � [2. Yes Yes Q,Garbage Disraz l U . t ❑Yes No. i- ,,�t,;�.: tional Wastes: DETAILS OF REOOMME!",MEi: SYSTEMS WATER SUPPLY: Location to be approved by Sanitarian. 'Type: ❑ Drilled Well ❑ Driver. Well ❑ Bored Well ❑ Dug Well ❑ Other Cased feet. Casing to be properly sealed and vented if necessary. Casing to extend at least 6 inches above pump room floor. Grouted :feet. 411 surface drainage to flow away from water supply_ Well to have a platform of cor-crete or other impervious material, at least 4 inches thick ai: casing, extenditig at least 21 Inches in all directions from casing, gently sloped for drainage. SOIL. SaUD"V: Naturally draired,,alitable :s:ghe 1 s ❑ N. Tec discal Classification: Plough Classification: Q Sandye�{iur• ❑ Clay ❑ Pipe Clay Percolation Test Required: ❑Yes . :Cate bTinates Per inch Depth of Water Table __ °-^~^ "�_ feet (�stiniaied) SL_far_e Drainage Required: ❑ Yes P0110 Area Drainag.^_ by Low'er-ng Ground Water Table Required: ❑ Yes 9��io DETAILS OF CO STJ 1T -' 1MV i. ght Sepv:ie tarsi_ of (Kind of lateral) Inside d�l�lsions: _ «- �engt' feet. Widt f - ret. Li _i!- ca- Deity .4'z oils. HOUSE?. SEW %LINE• Slze___- Incises. Type of �.�ateri?t i.pquire �'�i'. +ee't°Li++i taliCe fi'G•fii FE=�i J:1_tl'.ip ' fm? 5v3Si:11FAC.= A350RaFiON I'1'eLu: Ds_ 11 ir- -_. 3a 1 _=.ulre:i- Ditches of =m;ai hmeth required. ter ' of Square feet re^g ai7'e.a_ _% '•^� _ - i °e ' g5' -'Iz .tI3 -eR_irirec:Diwelokan Stogie .❑ Gravel ❑ Sia= _i< --e 7nnge-foil; z ib— Depth of aggregate row iiase of '^ to nch to 2F� inc botforit of ditches. Llches: r Total aggregate must equal wininum depth of 13 icches or mere. 3oi= Covep over the net to exceed =. '� hicl'_es. Distance f7om Sewaze Disnqsal -'stem' to th nearest i?oiiit Gf a l Tater v'_' ,1;> system :i ill b .fee. Rough Sketch of Premises (including adjacent properties if pertinent. Slzocrizg hoc=tin_; of Lot LS_ -1„ Buildings. Mater Sampl-es. Servs= Da�-sal tems, Trees, and Other Possible Sources of Contamination of Water Supplies, by IndicaYng Distances and Slope Witt_ regard to one a,other. €C� } feet ' Note: Owner or his agent must notify `, x, � Health Department, Phon ,,� hen installation Is ready for inspection. If any Sewage Disposal Sys em, or pa .ereof, is covere ore being inspected by the Health Denar ent, it shall be uncovered at the direction of the Health Director or his agent. CONDITIONS DISCOVERED DURING INSTALLAT-ION MAY REQUIRE ADJUSTMENTS OF SYSTEM DESIGN. Changes from above specifications reouire Health Department approval before being made. . Based on the above information, the undersigned re:ommends that this permit be issued. Datq,,:9 c e. 4`� USinftirlaK or ealth rector) Date Signed (Reviewing Authority) LNS - 121 Rev- 11-57 - virvinia Clafn nof Ramis. Permit No. 0608-0434-554 COMMONWEALTH ®f VIRGINIA GREGORY A. WHIRLEY ACTING � %4� 1 100 August 18, 2006 Gary Baylis 965 Summerfield Lane Winchester, VA 22601 Dear Mr. Baylis: DEPARTMENT OF TRANSPORTATION 14031 OLD VALLEY PIKE EDINBURG, VA 22524 VirginiaDOT.©rg Ref: Private Entrance Permit Route: 655 Street Name: Sulphur Springs Road Located at: 1.31 ME of Rte. 656 Subdivision: Frederick County According to your request, you have permission and will be required to do the following marked items to your entrance: ® While working on the right-of-way, it will be necessary to erect signs according to VDOT's standards prior to staring work. These signs are to be removed daily. ® A minimum of 30 feet of 17 X 13 inch approved culvert pipe will be required. ❑ Please give me a call at (540) 869-1100 when the pipe has been delivered at the site. Soil moisture conditions will govern when the culvert is installed. ® If rock is encountered which requires drilling and/or blasting, the entrance is to be graded by you at no cost to the Virginia Department of Transportation. ® You will be required to place crushed stone from the right-of-way to the edge of the roadway. ® All graded slopes are to be 1 %:l or flatter. You will be required to topsoil and reseed all disturbed turf on the State's right-of-way. ® You will be required to flatten the slopes in a uniform manner and restore them to the satisfaction of the Virginia Department of Transportation. ® The ditch line will have to be restored. ® Provisions will be made contr within the State's right-of-way. YEARS OF TRANSPORTATION EXCELLENCE 1 9 0 6 - 2 0 0 6 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA _OFFICE USE ONLY - Variance Application No. P,;) —017 Submittal Deadline: Submittal Date: iZzi7a For the meeting of o ' Fee Paid: initial Sign Deposit T MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner �/" other 2. APPLICANT: NAME: '1 q N. /�W �� % S ADDRESS y(, 5✓ _ ,� � �/ Z 441 TELEPHONE:�j/� . (Check one) OCCUPANT: (if different) NAME: ADDRESS: TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): s�z/, A-YW 9 �s 416 � 4. The property has a road frontage of g .�5�0 feet and a depth of� °1, feet and consists of 3J, � � 3 acres (please be exact). Page 5 of 9 5. The property is owned by 1-�M a/,lJ,� / � (/¢,�� ! r�� � &'//,ks evidenced by deed from recorded(previous owner in deed book no. on page 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: 9. The existing use of the property is: 10. Adjoining Property: USE ZONING North A,4 ��,(J 7Ui ! A,4 East il 1/ South K4414 i/L- G�14 West/,n� ti G_ ,�,Z 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.") ZAC 12. List specific reason(s) why the variance is being sought in terms of- exceptional £ 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 Page 6 of 9 13. Additional comments, if any: _6.k? d' l� �fIGC" �TI ! V J Y✓ � ��fe7—.i/ T J � � ` lj/ (� � � �7e�y�LL_. 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 / �._ Address IGO //VC—" Property ID # 'C? A J-4 ( Address 8 d Property ID # y YICALS Address lu' / AJ CY Property ID # Address Property ID # 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. Page 8 of 9 AGREEMENT VARIANCE (Number to be assigned by the Planning Dept.) I (we), the undersigned, do hereby respectfully make application, and petition the Frederick County Board of Zoning Appeals (BZA) to grant a variance to the terms of the Frederick County Zoning Ordinance as described herein. I agree to comply with any conditions for the variance required by the BZA. I authorize the members of the BZA and Frederick County officials to go upon the property for site inspection purposes. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the BZA public hearing and maintained so as to be visible from the road or right-of-way until the hearing. I hereby certify that all of the statements and information contained herein are, to the best of my knowledge, true. SIGNATURE OF APPLI DATE /— SIGNATURE — SIGNATURE OF OWNER (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF d o ' ACTION: - DA - SIGNED: APPROVAL BZA CHAIRMAN DENIAL DATE: Page 9 of 9 DATE PLOT PLAN LAND OF GARY BAYLISS SHAWNEE DISTRICT FREDERICK COUNTY, VIRGINIA FLOOD ZONES SHOWN HEREON HAVE BEEN SCALED FROM FIRM MAP 510063 O1ti0 B EFFECTIVE JULY 17, 1378 s6 I I S I o I I% I � I I � I w I Uy I I O I W I I o � I "'I I o I 0 �I I pI I y APPROMATE IDCAMON OF1 SUIPHER SPRING RUN —� z i` BRIDGE /e I I3 Om � V O N Wa 5 6 '30'00 W I IZ w`w \ I EE 3.2663 ACRES \ 1 EYIS TING TMDknON IQ r $ \ I \ FLOOp ZONE A I I \ FLOE ZONE G \ \ PROPOSE DwELLNG R-707-58 52.0' 51.0' R SG<A 4O tiF I e00 O 6 O90 oS F I S� NO TITLE REPORT FURNISHED CMUSTOPHER D. FURSTENAU, L.S. Pd%-- �� ACTH opG 133 WEST BOSCAWEN STREET SUITE 2 WINCHESTER, VIRGINIA 22601 0 f'�'C 540 542-1164 FAX 540 542-1183 SERVICES@CDFSURVEYS.COM MEMBER VIRGINIA ASSOCIATION OF SURVEYORS O CHRIS P ER D. r U FURSTENAU ATE: NOV. 27, 2006 No. 2727SCALE: I"=100' ✓21 yvo G LAND SURV��O� TAX MAP: 65—A-187 W. 0.06-00-0228