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BZA 10-16-07 Meeting AgendaAGENDA FREDERICK COUN'T'Y BOARD OF ZONING APPEALS The Board Room Frederick County Administration Building 107 N. Kent Street Winchester, Virginia October 16, 2007 3:25 p.m. CALL TO ORDER 1) Determination of a Quorum 2) Minutes of September 18, 2007 PUBLIC HEARING 3) Variance Request #13-07 of Richard Lineberg, for a 14 foot rear yard variance, resulting in a rear yard setback of 11 feet, for the construction of a wooden deck. This property is located on Purcell Lane (Route 721), and is identified by Property Identification Number 53A -A-1 I I in the Stonewall Magisterial District. 4) Variance Request #17-07 of Thomas Forrester, submitted by Bobcat Builders, LLC, for a 16 foot side yard variance, resulting in a side yard setback of 34 feet on both sides. This property is located in the Shawneeland Subdivision, Section 30, Lot 20, and is identified by Property Identification Number 69A-1-30-20 in the Back Creek Magisterial District. 5) Variance Request #18-07 of Jimmie Campbell, submitted by Bobcat Builders, LLC, for a 16 foot side yard variance, resulting in a right side yard setback of 34 feet on both sides. This property is located in the Shawneeland Subdivision, Section 32, Lot 100, and is identified by Property Identification Number 69A-1-32-100 in the Back Creek Magisterial District. 6) Variance Request #19-07 of Clarence Paradis, submitted by Bobcat Builders, LLC, for a 16 foot side yard variance, resulting in a side yard setback of 34 feet on both sides. This property is located in the Shawneeland Subdivision, Section 32, Lot 84, and is identified by Property Identification Number 69A-1-32-84 in the Back Creek Magisterial District. 7) Variance Request #20-07 of Jerome Schams, submitted by Bobcat Builders, LLC, for a 16 foot side yard variance, resulting in a side yard setback of 34 feet on both sides. This property is located in the Shawneeland Subdivision, Section 32, Lot 28, and is identified by Property Identification Number 69A-1-32-28 in the Back Creek Magisterial District. FILE COPY 8) Variance Request #21-07 of Helena Weaver, submitted by Bobcat Builders, LLC, for a 16 foot side yard variance on the left side and a 26 foot side yard variance on the right side resulting in a side yard setback of 34 feet on both sides. This property is located in the Shawneeland Subdivision, Section 32, Lot 61, and is identified by Property Identification Number 69A-1-32-61 at the intersection of Bellwort and Cat Brier Trails, in the Back Creek Magisterial District. 9) Variance Request #22-07 of Webster Lewis, submitted by Bobcat Builders, LLC, for a 16 foot side yard variance, resulting in a side yard setback of 34 feet on both sides. This property is located in the Shawneeland Subdivision, Section 32, Lot 112, and is identified by Property Identification Number 69A-1-32-112 in the Back Creek Magisterial District. 10) Variance Request 423-07 of Christopher & Lori Schubert, submitted by GreyWolfe, Inc., for a 49.9 foot rear yard variance, resulting in a rear yard setback of 50.1 feet. This property is located on White Pine Lane in Lincoln Estates, and is identified by Property Identification Number 51 -A -16F in the Back Creek Magisterial District. 11) 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, September 18, 2007. PRESENT: Robert Perry, Vice Chairman, Stonewall District; Dwight Shenk, Gainesboro District; Eric Lowman, Red Bud District; Kevin Scott, Shawnee District and, Robert W. Wells, Member -At -Large. ABSENT: Theresa Catlett, Chairman, Opequon District; and, Jay Givens, Back Creek District. STAFF PRESENT: Mark R. Cheran, Zoning and Subdivision Administrator; Lauren Krempa, Planner I; and, Bev Dellinger, BZA Secretary. CALL TO ORDER The meeting was called to order by Vice Chairman Perry at 3:25 p.m. Vice Chairman Perry announced that Variance Request #15-07 of Jeremy and Deborah Kidwell had been withdrawn and will not be heard. On a motion by Mr. Shenk and seconded by Mr. Wells, the minutes for the August 21, 2007 meeting were unanimously approved as presented. The cut-off date for the October meeting is September 21, 2007. Mr. Cheran stated that as of now, there are seven variances to be heard in October. PUBLIC HEARING Variance Request #11-07 of James Marlow, submitted by Richard Marlow, for a 63.4 foot rear yard variance, resulting in a rear yard setback of 36.6 feet. This property is located off of Wardensville Grade (Route 608), on Globbers Knob Lane, Lot 15, and is identified by Property Identification Number 51 -A -78A in the Back Creek Magisterial District. ACTION — VARIANCE APPROVED Ms. Krempa gave the staff report. The property was zoned A-1 with setback lines of 35 feet for the fronts, 25 feet to the rear and 15 feet for the side yards. In 1989, Frederick County amended its Ordinance to change rural zoning classifications to the current RA (Rural Areas). The Board of Supervisors again amended the setbacks for the RA District on February 28, 2007, making the current setbacks for this property 60 feet to the front, 100 feet to the rear and 50 feet on both sides. Minute logk Page Z 1486 U0enc Runty i oardi of 0 ping Appeals r mutes o eptem er 18, 2 87 The Code of Virginia 15.2-2309 (2), states that no variance shall be granted unless the application can meet the following requirements: 1) The strict application of the Ordinance will produce an undue hardship. 2) The hardship is not generally shared by the properties in the same zoning district and vicinity. 3) That the authorization of such variance will not be a substantial detriment to the adjacent property and the character of the district will not be changed by the variance. Ms. Krempa further stated that the applicant is requesting a 63.4 foot rear yard variance, resulting :n a new setback of 36.6 on the rear property line. Should this variance be granted, the building setbacks for this property would remain 60 feet to the front, change to 36.6 feet in the rear, and remain 50 feet to both sides. Due to the odd shape of this lot and the topography of the lot, it appears that this variance does meet the intent of the Code of Virginia, Section 15.2-2309(2). This request from the current setbacks of the RA zoning district may be justified. Ms. Krempa pointed out that this application does show that a proposed deck is included with the proposed size of the house and the applicant may be prepared to remove that deck from their application as decks do not meet the definition of a hardship. Ms. Krempa stated that this variance was tabled by the Board at the August 2007 meeting, as no one was present to represent the owner. Mr. Richard Marlow identified himself as representing Mr. James Marlow in this matter. Mr. Marlow stated they moved the house around every place they could on the lot to try to get it to fit, but the size of the house is rather small as it is, and shifting the house left, right or down the hill would have made it very complicated for a driveway. Mr. Marlow further stated he would like to have the deck on the house if possible. Mr. Lowman asked how high off the ground will the deck be and Mr. Marlow responded approximately three to four feet, depending on the elevation. Vice Chairman Perry stated that the Montgomery Engineering drawing shows the existing grade. Mr. Marlow stated that the grade right now is because a dozer came in and leveled the lot; the lot was so steep that the only way to lay the house out was to actually take a dozer and level the building site out and build the front yard up. Vice Chairman Perry asked if it's possible to move the house forward at all and Mr. Marlow responded maybe a foot or so, but the way the lot is right now, the garage was in the front of the house, but he moved it to the side. It's going to be really tight to get a vehicle in the side of the garage and have adequate room for the vehicle to be backed out down the driveway. Moving it down the hill further is going to make the driveway even steeper. Ms. Christie Donahoe approached the podium and stated she is an adjoining property owner. Ms. Donahoe asked, with the deck on the house, how close it would be to her property line. Mr. Lowman stated it's proposed at 36.6 feet. Vice Chairman Perry closed the public hearing portion of the meeting. 1487 FMindute to k Pag� d Z Minutes o S�eptemberr 8� 20ping Appeals Discussion Mr. Shenk made a motion to approve Variance #11-07. Mr. Lowman seconded the motion and it passed by unanimous vote. PUBLIC HEARING Variance Request #12-07 of Eagle Place Ind., Inc., for a 14 foot rear yard variance, resulting in a rear yard setback of 11 feet, for the construction of a wooden deck. This property is located on Purcell Lane (Route 721), and is identified by Property Identification Number 53A -A-109 in the Stonewall Magisterial District. ACTION — VARIANCE APPROVED Mr. Cheran presented the staff report. He handed out copies of photos of the property taken this morning to the Board Members. The applicant is requesting a 14 foot rear yard variance resulting in a rear setback of 11 feet. The applicant built a deck without a permit over the rear setback line. . Mr. Cheran further stated that the Frederick County Building Department received a complaint on May 29, 2007 reporting a deck built on this property. The deck was failed because a building permit was not applied for. The applicant applied for a building permit on July 7, 2007, but was not issued a permit due to a rear setback violation. The applicant had applied for a building permit for a single family dwelling with no deck. The minimal setbacks in the RP (Residential Performance) District are 35 feet front, ten feet on the sides and 25 feet on the rear. The applicant's building permit had the building setbacks of 38 feet front, 10.5 on the sides and a rear of 26 feet. The applicant was required to submit a house location survey as required by the Zoning Ordinance for any primary structure located five feet or less on a minimum setback. The survey plat for the single family dwelling did show a 25.3 foot rear yard BRL. The Code of Virginia 15.2-2309 (2), states that no variance shall be granted unless the application can meet the following requirements: 1) The strict application of the Ordinance will produce an undue hardship. 2) The hardship is not generally shared by the properties in the same zoning district and vicinity. 3) That the authorization of such variance will not be a substantial detriment to the adjacent property and the character of the district will not be changed by the variance. This application for a variance does not meet the requirements set forth in the Code of Virginia 15.2-2309 (2) or the Frederick County Zoning Ordinance. Staff would recommend denial of this variance application. The strict application of the Frederick County Zoning Ordinance did not produce this undue hardship as required by the Code of Virginia. The violation of the setback requirements was self-inflicted as the deck was built without a building permit. Vice Chairman Perry asked if the deck was built at the same time as the house and Mr. Cheran replied it wasn't, not when the building permit came in. pMindut� to k Pag�g a Z 1488 Minutes o SepteI rrl 8� 208 /Tng Appeals Mr. Russ Fowler identified himself as representing Eagle Place Industries, Inc. Mr. Fowler stated that this application arises because of the construction of the deck, inadvertently by the crew that Mr. Gibson employed while he was away on a trip. The realtor had suggested that because these properties were prepped for installation of decks, they would be more saleable and more aesthetically pleasing if they went ahead and put the decks on and so they did. Mr. Gibson came back to find that these decks had been put on and he subsequently applied for the variance. Mr. Fowler stated from the standpoint of the crew that put these decks on, at the suggestion of somebody other than Mr. Gibson, there was no indication looking at the properties that there was any enforcement or any rear setback requirement as to these properties. The photos you have may show this, but Mr. Fowler has some photographs that he handed out to the Board Members. Parcel 53 -AA -107 on Purcell, which is further toward Rt. 522, is set at 11.8 feet from the road and 6.1 feet from the right side and 53 -AA -118 on Foreman Lane is 1.45 feet from the rear setback line. Parcel 53 -AA -98 on Purcell is 12.8 feet from the road and 4.5 feet from the rear boundary. 53 -AA -97 on Purcell is 12.4 feet from Purcell and 5.6 feet from the left boundary, and 53 -AA -104 on Purcell is 22.3 feet from the front and 8.7 feet from the right side boundary. Mr. Fowler stated that the workers, without the guidance of Mr. Gibson, made the mistake of putting decks on the house that were over the 25 foot setback; however, it does not appear that rear setback lines are abided by or adhered to anywhere on Purcell or Foreman Lanes. Mr. Fowler stated that in the Code of Virginia 15.2-2309 (2), instead of talking about undue hardship, it talks about unnecessary or unreasonable hardship, and he draws a distinction because he thinks, if the variance is not granted, it is an unnecessary hardship. The hardship is created inadvertently but it's a hardship nevertheless to tear down these decks. There are footers in the ground, it would be aesthetically damaging to the back of the house, it would cost unnecessary resources and it would make the property less saleable in an area that clearly needs upgraded, affordable housing. They maintain that there's a hardship. Also, the definition of variance talks about if such need for a variance would not be shared generally by the other properties. The other properties don't share a need for a variance because they're setting on the boundary line. Vice Chairman Perry told Mr. Fowler that those properties don't have any bearing on this case. Mr. Fowler stated that only in the sense that the people who put decks up were looking at these properties sitting on the boundary line and had no reason to suspect or believe that there were any setback lines in force and effect in that neighborhood. Vice Chairman Perry stated that the bottom line to this is your carpenters did an "oops", I'm sorry I made a mistake and you're looking to this Board to correct it. Mr. Fowler is asking the Board to distinguish between an intentional violation of the ordinance, which ought not be permitted, and an inadvertent accidental violation of the ordinance, where there's no harm done, where it improves the value of the property and where the surrounding properties are sitting on the back boundary line that you're asking this property to sit back from. Vice Chairman Perry said he's not familiar with any of our rules for this Board to distinguish between an inadvertent and a purposeful violation. Minuteo k Pg 1489 -denc puntye oar�l of ping Appeals inutes o eptIn er, 18, 2 87 Mr. Fowler said you can distinguish between a necessary and an unnecessary hardship. It would be an unnecessary hardship to enforce the ordinance under these circumstances. Mr. Fowler asks under these circumstances that the Board seriously consider and grant the variance as to #12-07. Mr. Shenk asked, looking at the size of the lots that the houses were built on, could you combine lots to put a house on two lots to make this work. Mr. Fowler responded they have. There were four lots originally, and Mr. Gibson combined two and two to make two lots out of four. Mr. Scott asked if the houses are occupied and Mr. Fowler replied that one of them has been sold and there are occupants in the house. Mr. Lowman asked how they got an occupancy permit with a deck without a permit. Mr. Cheran responded that Purcell Lane is zoned RP and they are non -conforming lots. Eagle Place Industries did combine lots. Once you do a land use action, you don't revert back to the old zoning ordinance, you go by today's zoning ordinance. In this case, the rear setback at 25 feet, ten on each side and 35 feet to the front. On the building permit issued, if you look at the first survey in your agenda packet, you'll notice that Marsh & Legge had 36 feet to the front and 25.3 feet to the rear, but this is before the decks were built. Then it was 10.4 feet on the right and 10.5 on the left. The permit that was originally issued on July 21, 2006, Frederick County required setback requirements because they were at 26 feet. Mr. George Glosner approached the podium and stated that he lives at 1095 Foreman Drive, which is behind a parcel owned by the builder. Mr. Glosner said there may be issues in an old neighborhood that essentially has been forgotten by the County for a long time. He doesn't believe a new home has been built in that neighborhood in maybe 23 years. Mr. Glosner is not opposed to the new homes. He is concerned that this may set a precedent in the next lot; is it going to have the same kind of deck. If you allow it here, will you allow it again? Vice Chairman Perry stated the action taken on this request does not set any kind of precedent for anything next door or ten miles down the road. Vice Chairman Perry closed the public hearing portion of the meeting. Discussion Mr. Shenk stated it is his opinion that the way it is right now, if you don't have a house that is polished and with a deck on the back of a two-story split foyer, it is not marketable. It has to have that in order to be a saleable product. Mr. Shenk said in his opinion, that is the hardship that we need to look at here. Mr. Lowman stated there's no doubt that the decks improve the value of the property and the marketability of the house. What's most striking and alarming to Mr. Lowman is the construction of the decks without a permit. He understands it was a mistake and he hopes this wouldn't happen again. Mr. Scott asked Mr. Gibson what would be the process to remove the decks. Mr. Scott stated that's where he goes in determining undue hardship, whether it's self-inflicted or not. Mr. Gibson Ninut� o k Pag d Z 1490 i utesI ��eptemberrl 8� 20g ling Appeals responded when they built the home, they put a band board on the rear of the house and limited access through a patio door on the rear of the house. They would have to remove the deck and do away with the footers, and put a small porch with a set of stairs down to a concrete landing. It would require a lot of labor to remove it and haul materials. Mr. Cheran reiterated that Mr. Gibson did a new land use action by combining two lots into one lot so the setbacks would 35, ten and 25. Vice Chairman Perry stated that he personally has a problem with this Board correcting somebody's mistake. He doesn't believe it's within the powers of this Board to do that. Mr. Wells stated that it's an "oops", it's there, the next variance request coming up has an occupied dwelling, and to him it's all or nothing. This doesn't set a precedent if we allow these to remain. Mr. Wells made a motion to approve the variance requested. Mr. Shenk seconded the motion and the motion passed by majority vote with Vice Chairman Perry voting no. PUBLIC HEARING Variance Request #13-07 of Eagle Place Ind., Inc., for a 14 foot rear yard variance, resulting in a rear yard setback of 11 feet, for the construction of a wooden deck. This property is located on Purcell Lane (Route 721), and is identified by Property Identification Number 53A -A-111 in the Stonewall Magisterial District. ACTION — VARIANCE POSTPONED BY APPLICANT, TO BE HEARD 10/16/07 UNDER OWNER'S NAME Mr. Cheran pointed out that this variance cannot be heard today because the house is occupied by new owners and they would have to apply for this variance. Mr. Gibson cannot speak on behalf of the property owners. PUBLIC HEARING Variance Request #16-07 of Z. L. Metz Contracting, LLC, submitted by Urban, Ltd, for a 15 foot side yard variance on both sides, resulting in side yard setbacks of 35 feet, for the construction of a single family dwelling. This property is located on McDonald Road (Route 616), Lot 145, and is identified by Property Identification Number 51-A-145 in the Back Creek Magisterial District. ACTION — VARIANCE APPROVED Mr. Cheran presented the staff report. Frederick County adopted zoning in 1967 and the historical map shows this property was zoned A-1 (Agricultural General). The property line setbacks at the adoption of the zoning ordinance in 1967 were 35 feet to the front and 15 feet to the sides; there wasn't a rear setback. Frederick County amended its ordinance in 1989 to change the setbacks to the current RA setbacks of 60 feet to the front, 50 to the rear and 50 on Ninut� Io k PageB dd 1491 inutes o�eptembearl8, Z�B7ing Appeals both sides. Mr. Cheran further stated that the property is .767 acres with a width of 60 feet and a depth of 135 feet. The applicant is requesting a variance of 15 feet on both side yards from the current 50 foot side setbacks. If this variance is granted, it would result in a 35 foot side yard variance on both sides to construct a 22x34 foot single family dwelling with a 5x22 foot front porch. The properties adjacent to this property are less than five acres as required by the zoning ordinance. Therefore, this variance request would be in character to the adjacent properties and appears to meet the intent of the Code of Virginia, Section 15-2-2309(2). Should this variance be granted the building setbacks on the property would be 60 feet from McDonald Road (front), 50 feet to the rear and change to 35 feet on both sides. Mr. Ernie Tharp approached the podium and stated he lives adjacent to this property. Mr. Tharp stated that he doesn't want to lose 15 feet of his property. He doesn't want to give Mr. Metz 15 feet of his property and he doesn't want the house built there. Mr. Chris Blair of Urban Engineering identified himself as representing Mr. Metz. Mr. Blair stated that the lot is actually 114 feet wide and 300 feet deep, not 60x135. As it stands now, the ordinance allows for a 14 foot building envelope in the very center of the lot. They're proposing a 2204 foot house which is a very small two-story house with a five foot front porch. It's basically the smallest product they could find that would be a family dwelling other than a single -wide trailer to fit on this lot. Vice Chairman Perry asked if the 22 foot wide house would hypothetically have to sit on a 14 foot envelope, what would happen if you swung the house around to where it was parallel with the side lots. Then that would only be an eight foot variance total, four feet on both sides. Mr. Blair stated if they were to rotate the house and make it parallel with the side lines, they would end up with approximately a three to four foot extended foundation in the basement, therefore eliminating a walk -out basement condition. With it rotated, it not only parallels the road frontage to make it more aesthetically pleasing, as well as given the grading, the relief it needs to be a standard walk -out basement. Vice Chairman Perry asked where in the basement would the walk -out be and Mr. Blair replied as it stands right now, it could be anywhere along the rear. Mr. Metz stood up and asked if he could explain to Mr. Tharp that he isn't taking any land away from him. Mr. Metz told him that the variance would be on Mr. Metz's land and it won't affect Mr. Tharp's land at all. Mr. Tharp stated that it was all right with him then to approve the variance. Mr. Shenk made a motion to approve Variance Request #16-07. Mr. Scott seconded the motion and it passed by unanimous vote. Minutelook Page 1492 DredericSqunty loar�l of I ping Appeals mutes o eptem er 8, 2087 vote. OTHER As there were no other items to be discussed, the meeting adjourned at 4:20 p.m. by unanimous Respectfully submitted, Robert Perry, Vice Chairman Bev Dellinger, Secretary Mi uta BBo k Pag Z 1493 reerickSquntyoar�i of 0 ing Appeals mutes o eptem er 8, 2 89/ VARIANCE APPLICATION #13-07 RICHARD LINEBERG Staff Report for the Board of Zoning Appeals Prepared: September 20, 2007 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. A may also be useful to others interested in this zoning matter. BOARD OF ZONING APPEALS HEARING DATE: August 21, 2007 - Action Tabled by Applicant September 18, 2007 - Action Tabled, New Application Required October 16, 2007 - Action Pending LOCATION: 1164 Purcell Lane (Route 721) MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 53A -A-111 PROPERTY ZONING & USE: Zoned: RP (Residential Performance) District . Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RP (Residential Performance) Use: Residential South: RP (Residential Performance) Use: Residential East: RP (Residential Performance) Use: Residential West: RP (Residential Performance) Use: Residential VARIANCE REQUESTED: The applicant is requesting a 14 foot rear yard variance, resulting in a rear yard setback of 11 feet, for an existing wooden deck. REASON FOR VARIANCE: The builder built a deck without a building permit over the rear setback. Variance #13-07, Richard Lineberg September 20, 2007 Page 2 This application was postponed from the meeting of August 21, 2007 and September 18, 2007 at the request of the applicant. STAFF COMMENTS: The Frederick County Building Department received a complaint on May 29, 2007, reporting a deck built on this property. The deck was failed because a building permit was not applied for. The builder applied for a building permit for a deck on July 7, 2007, but was not issued the permit due to a rear setback violation. The builder applied for a building permit (#2097) for a single-family dwelling with no deck on the permit on property that is zoned RP (Residential Performance). The minimum building setbacks within the RP Zoning District are front 35 feet, sides 10 feet and rear 25 feet. The builder's building permit had building setbacks of front 38 feet, sides 10.5 feet and rear 26 feet. The builder was required to submit a house location survey, as required by the zoning ordinance, for any primary structure located five (5) feet or less from any minimum setback. The setback survey placed the single-family dwelling at 25.3 feet at the rear BRL as shown. The builder has sold this property to Richard Lineberg and Mr. Lineberg is now applying for a 14 foot variance that, if approved, will result in a rear setback of 11 feet, to allow for this deck. (See attachments) STAFF CONCLUSIONS FOR THE OCTOBER 16, 2007 MEETING: The Code of Virginia 15.2-2309(2), states that no variance shall be granted unless the application can meet the following requirements: 1) The strict application of the Ordinance will produce an undue hardship. 2) The hardship is not generally shared by the properties in the same zoning district and vicinity. 3) That the authorization of such variance will not be a substantial detriment to the adjacent property and the character of the district will not be changed by the variance. This application for a variance does not meet the requirements as set forth by The Code of Virginia 15.2-2309(2), and the Frederick County Zoning Ordinance and staff would recommend denial of this variance application. The strict application of the Frederick County Zoning Ordinance does not produce an undue hardship as required by the Code of Virginia. This violation of the setback requirements was self-inflicted by the builder, as the deck was constructed without a building permit. 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(D ..... ........ ........ .. ... ..... 41 ..... 0 nh 0 0V 40 CN 0 0 01 0 LL CU O 0 0 CW- 4J :D rL tu C -4 c; 4J 4-) 4J 4-1 C 4, V cp Ln U) Ca M M M w W 4J LL Q G U) co tu w LU No C14 0 (D in fl AF 0) C14 (D 0) ...... CL e 0 4J C14 0 O cn 71 .. 'am . ....... ........... 14 10, ...... ..... I t 4J E5 -C ---- --- - - - CIO ... ... .. t]L :j -Ew th IV .. ..... ... ........ . ... 4J------- .... ....... u :P-. (D ..... ........ ........ .. ... ..... 41 ..... 0 'E 0 INI 0 ca Emip E5 -C ....... ..... 41 nh 0 01 CU 4J :D rL tu C 4, V cp Ln LL Q G U) LU No C14 0 (D in fl AF 0) C14 (D 0) ...... CL e 0 4J C14 0 cn 71 < (D ILD Lu Lo 0 45 4J .......... Uj L u 41 a- X En M LU LU K:i*H 4, 12 c LLJ u 0 z 0 r 0 0 LU M .......... 'E 0 INI 0 ca Emip APPLICATION FOR VARUNCE 1 13—Ol IN THE COUNTY OF FREDERICK, VIRGINIA MUST BE TYPED OR FILLED OUT IN FIK - PLEASE PRINT 1. The applicant is the owner other /(Check one 2. APPLICANT: A NAME: 1:7 ADDRESS TELEPHONE: OCCUPANT: (if different) NAME: ADDRESS: vm, TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): 2Z Q� Air, �J 4. The property has a road frontage of feet and a depth of P-1 C feet and consists of acres (please be exact). Page 5 of 9 5. Ile property is owned by c(a , ` �� , 1' as evidenced by deed from= �%,�%; recorded (p ious owner) in deed book no_ ticceFI� 44 -on page ;,fie . of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded Beed. 7 6. Magisterial District: _S Wit - 7. Property Identification No.: _5 8. The existing zoning of the properly is: r 9. The existing use of the property is: _ S 10. Adjoining Property: USE WNING North "r3 r East South k P West t P IL Describe the variance sought in terms of distance and type. (For example: "A 3.5' rear yard variance for an attached two -car garage.") 600 Cs�91 12. List specific reasons) 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 develop ent of property immediately adjacent thereto 4S I � A Page 6 of 9 13. Additional comments, if any: at' c-- V� C > C, 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: NAMIR Address "f; Property IUD) Address eZ A�. Property ID # 5-34 3 f V�- AJ Address Y Property ]D# '<;-3,4 ',4 Address PLW4 vp- Pro Property ID iN Address property ID N Address Property ID # Address Property ID # Address Property 11) # 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 PURCELL LANE VA. SEC. RTE. 721 (Variable Width RMI, ! 1� 895'± TO INTX.I �I 9' STRIP OF LAND RTE. 522 N 30°35'00" E 60.00' _ L I IRS C — I — I IRF= --------- 499 -f--------}---------'1 0( bg1 I < BRICK STOOP - 498 1 1 c� Z9Al o s9�1,- LOCO_ `-4,35' BRLI L +� o J m W o o rn o� WITH BRICK FACADE F.F.E. (508.51) G.F.E. (498-27) CD v --- Ln U)LIJ bhl 4� 10.4' ��,t,_ — (`1" D ((01 l 0 LEGEND: WM - WATER METER CO - SANITARY CLEAN OUT FFE - FINISHED FLOOR ELEV. GFE - GARAGE FLOOR ELEV. WPP - WOODEN POWER POLE WP - WOOD POST IRF - IRON ROD FOUND IRS - IRON ROD SET x(494.5) - EXISTING SPOT ELEVATION 495 ` - EXISTING CONTOUR 10.5' 39,1' +� FRAME J m SPLIT FOYER o DWELLING o� WITH BRICK FACADE F.F.E. (508.51) G.F.E. (498-27) 39.2' 25 BRL_3- ANG IT IN 5M16 . FT_ ' N 496 S 3035'00" W 60.00 PIN 53A -A-118 N/F DA WS D8 959 PG 450 NOTES: 1. NO TITLE REPORT FURNISHED. 2- EASEMENTS MAY EXIST THAT ARE NOT SHOWN ON THIS PLAT. 3. NO STREET ADDRESS POSTED AT TIME OF SURVEY. 9� I 498---------------- CD -_- 0 o +� W CD - ------------ - :^ FLOOD NOTE: ZONE: C COMMUNITY NO.: 510063 PANEL: 0105 B DATE: 7/17/1978 SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE INFORMATION SHOWN ON THIS PLAT IS BASED ON AN ACTUAL FIELD SURVEY MADE UNDER MY SUPERVISION ON NOVEMBER 28, 2006 AND THAT TO THE BEST OF MY KNOWLEDGE AND BELIEF THERE ARE NO ENCROACHMENTS OR VISIBLE EASEMENTS UNLESS SHOWN. HOUSE LOCATION & AS -BUILT TOPOGRAPHIC SURVEY OF THE LAND OF EAGLE PLACE INDUSTRIES, INC. INSTRUMENT NO. 060014375 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: 11/29/2006 1 SCALE: 1"=20' 1 SHEET 1 OF 1 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET -WINCHESTER, VIRGINIA 22601 VI ­ PHONE (540) 667-0468 - FAX (540) 667-0469 - EMAIL office@marshandlegge.com S. W. Marsh No. 0018 3 0 DRAWN BY: CAJ DWG NAME: ID7826-HLS-111 AGREEMENT VARL&NCE it % avumbcr to be atsig-d by the Planning Dept) I (we), the undersigned, do hereby respectfully make applicat,oi-4 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 X Lmt seven 7 dgy5 prim to the BZA publichearjgg 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. SIGNA CANS' -, DATE-� SIGNATURE OF OWNER /' A (16'7 DATE a. (if other than applicant) -OFFICE US;� BZA PUBLIC HEARING OF - l S/ b - ACTION: -DA - APPROVAL SIGNED: BZA CHA>RMAN DENIAL DATE: Page 9 of 9 K 53A—A-109 EAGLE PLACE INDUSTRIES, INC. INST ,¢'060074375 ZONED: RP USE.- RE-SIDEN77AL l� J Q O ^� h� 14 IRF S 5925'00' E 90.00' _ IRF m 0C� � 0 10" BRL Z F— I I " Ql-Z O I I 53A -A-108 — - - 5,17g SQ. FT (ORIGINAL) 5,404 SO_ FT. (ADJUSTED) ry ZONED: RP — USE RESIDENTIAL I N EX PROP. LINE 70" SRL J HE -RES Y VA CA TED I (PROP. LINE HEREBY CREATED) IRS IRS • -- S 5925'00 E 90. 14' I CONCRETE BASEMENT ENT IRS 10 BRL 53A -A-107 5,814 SQ. FT (ORIGINAL) ,5529 SQ.FT (ADJUSTED) ZONED: RP USE: RESIDENTIAL 30.5" I J KO 6.3 I 11150I I r° Lu EX. 1 -STORY Lo of I LI) N FRAME HOUSE I n o 3 a SIN !cq W � a W o rno cl-0, �vCA �L C n Ln m Q1 i � JO Q- ct �Z � o o � 110" BRL 3 30.5' 2.5 Ex PROP. LINE HEREBY VA CA TED 6.1 ' _ N 5828'18" W _ 90.30' POINT ON ROCK 53—A-104AWOO N. & N FENC — — GEORGE MARY JANE CARTER SCALE INST. x'030011527 DB 799 PG 139220. 0 20 40' PLAT , ZONED: RP _ USE RESIDENTIAL LEGEND IRF - IRON ROD FOUND IRS - IRON ROD SET BOUNDARY LINE ADJUSTMENT BETWEEN THE LANDS OF NORMAN L. & NANCY L. TISINGER DEED BOOK 963 PAGE 728 STONEWALL MAGISTERIAL COUNTY, ORGINAI CT FREDERICK SCALE. I' = 20 DATE1/3/07 ok I INCH = 20 1 EET TH OF U/� S.W. Marsh No. 00/1843 SHEET- 2 OF 2 Ly10 .suR���o Marsh & Legge Land Surveyors, P= 560 NORTH LOUDOUN STREET N WINCHESTER, VIRGINIA 22601 FAX (540) 667-046g pIAIL office®marsh-dlegge_com PHONE (540) 667-0468 DRAWN BY: MBB DWG NAME:7985—BLA PLAT 1 #154- CURZ MAY, ET UXf 1 TO DEED :CECIL C. AFFLECK THIS DEED made and dated this 24th day of October, 1958, by and between Curtis W. May and Sue V. May, his wife, parties of the first part; and \',Cecil C. Affleck, party of the second part. WITNESSETH: That for and in consideration of the sum of $10.00 and other good and valuable consideration, the receipt of all of which is ihereby acknowledged, the said parties of the first part do hereby grant and convey, 7; with general warranty of title, unto the said party of the second part, in fee simple, 9� ;all of that certain lot of land, together with the improvements thereon and the appurtenances thereunto belonging, lying and being situate about 1 mile north of 'Winchester in Stonewall Magisterial District, Frederick County, Virginia, containing ;9,952 square feet, more particularly described by that certain plat and survey dated :October 20, 1958, prepared by Lee A. Ebert, C.L.S., hereto attached and by this re- zference made a part of this deed, being the same property conveyed to the said par- ties of the first part by deed of Jackson DeHaven, et ux, dated January 22, 1955: of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 235, page 24, to which deed and the references therein, reference is made for a further description of the said property. The said parties of the first part covenant that they have the right to convey the said property; that the said property is free of any encum- ''brances; that the said party of the second part shall enjoy quiet possession to the said property and the said parties of the first part will execute such further assur- ,,ances of title as may be requisite. Witness the following signatures and seals this date first above written. CURTIS W. MAY (SEAT,) REVENUE STARS $7.70 SUE V. MAY (SEAL) CANCELLED State of Virginia County of Frederick, to -wit: I, Eula Shipe, a Notary Public in and for the County of Frederick, State of Virginia, do hereby certify that Curtis W. May and Sue V. May, his wife, whose names are signed to the foregoing writing bearing date the 24th day of October, 1958, have personally appeared before me and acknowledged the same in my County and State aforesaid. My commission expires October 19, 1960. Given under my hand this 24th day of October, 1958. EULA SNIPE Notary c 3 I OOLD ROADWAY =? z RT. 7 - LINE '¢ to n 'a LOTS zW FRONTING PURCELL ye DRIVE N IRON PIN PO E Aa *�'� /�C'.+�'i Sf�! 4_i...:. + 788' PT. BEG. N0 N � 800.4' 3 60.1 1 S, N 32 04 E - 322 5 53° 27'E- I I' O In w C SNING 9,952 SQ. FT. , u °M r ,�� - 324 _O -NN to W> H F_ -012 S 24° 58 12r R = w M m O jO L, _J z—=p R=22 STAKE a CERTIFIED CORRECT LEE A. EBERT. C.L.S. X SC't f /L The above Plat is a Survey of the Curtis W. May Lot. The said Improved Lot fronts the western line of a 12 Ft. Right -of -Way (Foreman Drive) extending northwardly from the North Frederick Grade -U. S. #522, at Sunnyside, in Stonewall District, Frederick County, Virginia: Beginning at an iron pin at the southwestern corner of the Lot, a corner to the Frye Lot, which pin is located by measuring 788 ft. northeastwardly along the original Patton - Stotler Line from a point in the northern line of the Old Roadway (Old Rt. #7), also by measuring 800.4 Ft. northeastwardly along the said line from a point in the northern line of the North Frederick Grade - U. S. 'rr`522, running with a line of the Lots fronting Purcell Drive N 320 04' E - 322 ft. to an iron pin in a line of the Price Lot; thence with the said line S 53° 27' E - 11 ft. to an iron pin in the western line of the 12 Ft. Right -of -Way; thence with the said line S 24° 58' W - 324 ft. to a stake corner to the said Frye Lot; thence with a line of the said Lot N 57° 30' W - 51 ft. to the beginning. containing ag - - 9,952 Sq Ft. LEE A. EBERT Surveyed - - - October 20, 1958. er urve4g, Comm. of Virginia # VIRGINIA FREDERICK COUNTY, (SCT. This instrument of writing was produced to me on the 24th day of October 1958 at 1:55 P. M. and with certificate of acknowledgment thereto annexed was admitted to record. -,CLERK HOUSE LOCATION SURVEY LAND OF ��►� ! ► CHARLES O. DENNY WILL HOOK 80 PAGE 543 STONEWALL DISTRICT FREDERICK COUNTY, VIRGINIA THIS LOT IS LOCATED IN HUD FLOOD ZONE C. AREA OF MINIMAL FLOODING AS SCALED FROM FIRM YAP 5YO063 OfO5 B EFFECTIVE JULY f7, 1978 N F DICK TRITON DB 791 P. 5 30'01'38" W 40.00' Tr" IRS a E Z 00 e�G w 0 W TM 53A—A-98 I 0 00 3,502 SQ. FT. I co — rN DRIVEWAY EASEMENT FOR THE ¢ zoQ BENEFIT OF TM 53A—A-98 & 99 HEREBY DEDICAlEll W EN7 0 s. in 1 STORY I °0 ,n } FRAME d # 1116+ { _ # 1112 -4" IZ v N I0 C3 ° 28.3' 7' , g E ao cV N 30'35'09" E 40.00' PURCELL LANE 30' RM NO TITLE REPORT FURNISHED CD 1383 262.5' TO N. FREDERICK P97 IRS 1-TNo CHRISTOPHER D. FURSTENA,U, L.S. PC }�✓ �w f 133 WEST BOSCAWEN STREET SUITE 2 WINCHESTER, VIRGINU 22601 540 542-1164 FAX 540 542-1183 SERVICES®CDFSURVEYS.COM MEMBER VIRGIIVIA ASSOCIATION OF SURVEYORS CHRISTOPHER D. fl1RSTENM ATE: SEPT. 25, 2006 THIS IS TO CERTIFY THAT ON No. 2727 SEPTEMBER 25, 2006 THAT I MADE AN � CALE: 1"= 20'ACCURATE SURVEY OF THE PREMISES Rfl'I 04 AX MAP: 53A—A-98 SHOIIN HEREON AND THAT THRRR ARR THIS I9 TO CERTIFY THAT ON APRIL 17, 2002 THAT I MADE AN ACCURATE SURVEY OF THE PREMISES SHOWN HEREON AND THAT THERE ARE NO EASEMENTS OR ENCROACHMENTS VISIBLE ON THE GROUND OTHER THAN THOSE SHOWN HEREON. TRITON 791/1383 ......... —.111 A n n 7 powwone 3,518+ STINE THIS LOT IS LOCATED IN FLOOD ZONE C. AREA OF MINIMAL FLOODING AS SHOWN ON FIRM MAP # 510063 0105 B EFFECTIVE JULY 17, 1978 0 m I I � C6 m rip r d 0 u} 0 m In M M 2 — I a_ f lD [ll 3 to Z /ELPAY a w VE 22Z ! fo North Frederick Pike 960 r/X, /Qp/A89 J )AMID w RIBSTEIu NO. 1455 LAND OF T. P. AND SUSAN M. GOODMAN STONEWALL DISTRICT FREDERICK COUNTY, VIRGINIA HOUSE LOCATION SURVEY DATE: APRIL 17,7002 r SCALE: I" = 15' FURSTENAU SURVEYING tax map 53A -A-97 III SOUTH LOUDOUN STREET DEED REF. BB. 636 P. WINCHESTER, VIRGINIA (540) 662-9323 1 re- I a0 r r` m DECK W 0 F41 0 5.6' It in u) —+ Ln 1 1/2 story m frame Z it L.I It 1106 0 10.6' o GF ' PORCH o 12.9' N Lin Sit N 3003526"E 40.00' PURCELL LANE ( 30' WIDE ) STINE THIS LOT IS LOCATED IN FLOOD ZONE C. AREA OF MINIMAL FLOODING AS SHOWN ON FIRM MAP # 510063 0105 B EFFECTIVE JULY 17, 1978 0 m I I � C6 m rip r d 0 u} 0 m In M M 2 — I a_ f lD [ll 3 to Z /ELPAY a w VE 22Z ! fo North Frederick Pike 960 r/X, /Qp/A89 J )AMID w RIBSTEIu NO. 1455 LAND OF T. P. AND SUSAN M. GOODMAN STONEWALL DISTRICT FREDERICK COUNTY, VIRGINIA HOUSE LOCATION SURVEY DATE: APRIL 17,7002 r SCALE: I" = 15' FURSTENAU SURVEYING tax map 53A -A-97 III SOUTH LOUDOUN STREET DEED REF. BB. 636 P. WINCHESTER, VIRGINIA (540) 662-9323 1 re- BK799P61 3_ 9_ 2 SSG t,"4,,, ` O sJ�B'• f � r � � F ,yr1r/ o �sr Qa / T� a° Pi; s� .vacm bo .`yry $RIR4R` In Rob M1 sai C� I9 I0ff9 s \ s \ 90 � /O� i N +410, alas I EGEND IRF Iran Rod Found / / 1. The lot represented by this plat was conveyed SURVEYOR'S CERTIFICATE to Frank V. Sherwood, Jr. and Beverly J. 56erwood, his wife, by deed dated 25 May 1990 and recorded I hereby certify that the information shown on this among the land records of Frederick County, Virginia plot Is based on on actual fleld survey made under n Deed Back 745 at Page 736. my supervision and there are no encroachments or 2. No title report furnished. visible easements uniess��sh,�o//wn 3. This lot does net lie within c H.U.D. designated - ����L'S!i IDO year flood zooe. Douglas C. Legge, C.L.S. BUILDING LOCATION SURVEY of t H OF PREMISES LOCATED AT �P� L 1144 PURCELL DRIVE f� STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA 0 CERTIFICATE NO. DATE: JUNE 29, 1993 SCALE: 1" FD U E =20' SURVEY DATE: JUNE 17, 1993 J ilN� h a gi:bert w, clifford & associates, inc. ENGINEERS LAND PLANNERS SURVEYORS LAND 15G-C Md. Gr..nvkh fkh< 200 North CRme•a� Street SURVEYOR Fradorkk.bury. W9h+ia 73401 rrincne.rer. vlr9inl6 zx6G1 (703) 998-2113 - (705) 687-2.39 VIRGINIA: FREDERICK PLAT b: NLPD1144.DWC This InstrunNurt d mH was Produced to me an tthhe,.:, a d,y ot�l p et Fi+, and wkh certltiw t 41'8 edgment thereto annexed wall�s a��d"�mic�tt�eed)) to r Tax Imposed by Sac. 58-54.1 of and 5&54 have been pald , it a:5essable. KCLERK �� L/ .i -NAY, SCULLY a GLASS ATTORNEYS AT LAW 20 SOUTH KENT STREET WINCHESTER, VIRGINIA 22601 C) N Cn WITNESS the following signature and seal - Eagle Place Industries, Inc. -TAm,?s G. g'- bJ'o� STATE OF VIRGINIA COUNTY OF FREDERICK, to -wit: (SEAL) I, Tina R. Ladd, a Notary Public in and for the State and jurisdiction aforesaid, -7� 1 i . do hereby certify that _D Me_r G - ( fir bSo-) , whose name is signed to the foregoing Deed, bearing date of the 18th day of June 2007, has this day personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 18th day of June 2007. lr L NOTARY OUBI VIRGINIA: FREDERICK COUNTY.SCT. My commission expires January 31, 2011. This instrument of writincy was produced to me on o?D ,2010 7 at 1 Im and «ith certificate acknowled!�emcnt thereto apnexed was admitted to record. Tax imposed by Sec. 58T1 02 -oil` $ and 58. ] -SU 1 have been paid, if assessable. 6e,t `k, , Clerk R��,ttEt(f�ljti FFb:/Eb�ej. - ! VARIANCE APPLICATION #17-07 THOMAS FORRESTER Staff—Report .. rr r r . ■ r r r-� Stat -Report for the Board of mooning Appeals Prepared: September 25, 2007 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: October 16, 2007 - Action Pending LOCATION: Shawneeland Subdivision, Section 30, Lot 20 MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 69A-1-30-20 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: Vacant East: RA (Rural Areas) Use: Vacant West: RA (Rural Areas) Use: Vacant VARIANCE REQUESTED: The applicant is requesting a 16 foot side yard variance, resulting in a side yard setback of 34 feet on both sides, for the construction of a 32'x 26' single family dwelling. REASON FOR VARIANCE: Current setbacks for the property result in a small buildable area on the property. Variance #17-07, Thomas Forrester September 25, 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. The Frederick County Board of Supervisors amended the setbacks for the RA Zoning District on February 28, 2007, making the current setbacks for the property 60 feet to the front, 100 feet to the rear, and 50 feet to both sides. Based on the small size of this property and the large setbacks associated with the RA zoning district, the applicant is requesting a 16 foot side yard variance on both sides. This variance, if granted, would result in a 34 foot side yard setback on both sides. The majority of the properties located in the Shawneeland Subdivision are zoned R5 (Residential Recreational Community) and would have a setback of 35 feet off Basil Trail, 25 feet in the rear and ten feet on the sides. This request from the current RA zoning district setbacks would result in setbacks similar to, but still larger than, the rest of the Shawneeland Subdivision. STAFF CONCLUSIONS FOR THE OCTOBER 16, 2007 MEETING: The Code of Virginia 15.2-2309 (2), states that no variance shall be granted unless the application can meet the following requirements: 1) The strict application of the Ordinance will produce an undue hardship. 2) The hardship is not generally shared by the properties in the same zoning district and vicinity. 3) That the authorization of such variance will not be a substantial detriment to the adjacent property and the character of the district will not be changed by the variance. The applicant is seeking a 16 foot side yard variance on both sides in order to build a single family dwelling. Should this variance be granted, the building setbacks for this property would remain 60 feet to the front, change to 34 feet on both sides, and remain 50 feet in the 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. J rn M u r Cd --j >¢¢ a ^1 O � L L J T d n' 1�1 IQ u o mot®�ai�l?� J I 1 c m ,o v 3 i r, ct Gam s, �o9fb U O hJ Y 1, I1G - .. � APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA OFFICE USE ONLY - Variance Application No. `7 " /7 Submittal Deadline: 1 i Submittal. Date: ��IT-'% For the meeting of ) 0 Fee Paid: yes` initials Sign Deposit MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner other i . (Check one) OWN fffR 2. APPLICANT: : (if different) NAME: ' o) co &Oet-S LLC NAME: ADDRESS 5` -L Dee �Wr i GvOC ADDRESS• 2 5 32 D 11 , TELEPHONE: S y D G 1 1 6 411 ri C' I (o 5 8oq TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): V jl 4. The property has a road frontage of /00 feet and a depth of 200 feet and consists of s q 5 ' acres (please be exact). Page 5 of 9 5. The property is owned by NtmQ ; + B hd vt �*I_ as evidenced by deed from Mr 1 f (- t Oc . recorded (previous owner) in deed book no. 4140 on page 1 `-s of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: Ge-ej� 7. Property Identification No.: (Pq A - - 2 8. The existing zoning of the property is:V,, ¢ 9. The existing use of the property is: �ravJ \ Un (A 10. Adjoining Property: USE North V j East �N South V a W West I uy., ZONING K 1� A 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.") of � L Van 12. List specific reason(s) why the variance is being sought in terms of: exceptional narrowness, shallowness, size or shape of property, or S exceptional topographic conditions or other extraordinary situation or condition of property, or the use or development of property immediately adjacent fthereto W 1W NvYPM `',PAil('1UK � Si ZP �"I it Of Page 6 of 9 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 Page 7 of 9 LL C, Address I U i � �� k✓ \1 A Property ID # W 2 2(rbl Address � C�� v . or Ro QL Property ID # A - II G 22(: Address 0 � ,� l—� hOS �' L y %1 C slt+' -22 Property ID # (Lq C; 2 <3 t M, C� �C W� Address 3'LCJ Property ID # 6c, - 1 - j�1 - I 2.10 Address Property ID # Address Property ID # Address Property ID # Address Property ID # Page 7 of 9 1 Prnyir�P a cketch 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 1. Easements, if any, not shown. No title report furnished. 2. This property does not lie within the 100 year Flood Zone as shown on the F.E.M.A. F.I.R.M. Community Panel. 3. Boundary derived from a field survey and from deeds of record as found among the Land Records of Frederick County, Virginia, as shown hereon. LEGEND Q- Iron Pin Found rn m LU Cl) a � ^ Y I I I I co C /Lots I /Lots W \27 \28 \ 291 I I i I N 78°00'00" E 1 100.00' +/- 200' ABELIA TRAIL (60r R/W) PROPOSED HOUSE LOCATION SURVEY Lot 20 Property of 0.459 acres "SHAWNEE -LAND" Subdivision, Section 30, Lot 20 Book 440, Page 153 20,000.00 sq ft Deed o _ o � — - —50' B.R.L. Frederick County, Virginia C? to Scale 1"=40' Date: September 7, 2007 0 U RC J. DOD JR. �o Prepared By: F Dodson Surveying, Inc. Z P.O. Box 672 q j7 N N 11 o _ N /Lot i /Lot\ � I Fax:(540)843-4828 o \ 19, \ 21 o _ 32100' 34.00' - o PrPP m H?e. 34.00' Note: Cannot show �\50' _ B.R.L. from this line, as B.R.L. line would be equal to to other 50' B.R.L. line. 0 0 0 +/- 200' ABELIA TRAIL (60r R/W) PROPOSED HOUSE LOCATION SURVEY Property of "THOMAS N. FORRESTER & ETHEL M. FORRESTER" "SHAWNEE -LAND" Subdivision, Section 30, Lot 20 Book 440, Page 153 LT11 O� Deed Tax Map#69A (1) (30) 20 Back Creek Magisterial District Frederick County, Virginia 7 Scale 1"=40' Date: September 7, 2007 0 U RC J. DOD JR. 0.459 Acres or 20,000 Sq. Ft. Prepared By: No. 2344 Dodson Surveying, Inc. P.O. Box 672 q j7 Luray, VA. 22835 4- q p Phone:(540)843-0608 Fax:(540)843-4828 Email:dodsonsurvey@yahoo.com Fl S." 1 u:'• 200 FOO: 04 41 7 8,522122 08,'19/2007 23:,iD 'AX 54D6368084 REHAEC-RE c-21 CARPRELL REALTY INC AGPEEM-Eli T jNiirnber ra be asx�d by the PI-Wng D60.) PAGE 02 0002 Z (�r tl .e iundersicpned, do hereby respectfully wake application, and petition the Frederick Coun y 3oar� o� Zoning Appoals (BZA) to grr�t a variance to t C terms of the Frederick Caun, y zoning Ordinance as described herein. I agree to Cvznply With, any conditions for the v,. ri nce rcquircd by the SZA.. F aur ., )r ze the mcmabers of the BZA and Frederick County offigials to go upon the property for sil e aspect Lon purposes. 1 un.d ;z� :and that the sign issued to me when this application is sub4:dtted must be placed at lze ,n property izue at least seveu(7) day$ p6or tri the B •A public hraring and maintained so as `a be visible from the road or right-of-way until the hearing. I here b, certify that all of the statements and inforuiation cozxtained herein are, to the best of rn'� k 3owledge, true. Ste?' fA -'URE OF APPLTCAT i { D A,I E SIG' lA TURF OF OWNER DATE 'L-i (if other tl a applicant) -OFFICE USE ONLY- )-PLIC HEARTNG Off'r a 1( O ? ACTION: -DA - APPROVAL SIG,q D: BZW. CHAIRMAN DENJAL DATE: Page 9 of 9 08/20/2007 ➢ION 01:39 [TX/RX NO 50341 0002 ■.8.1[ ... $".\M MARJEC, INCORPORATED TO: DEED :* THOMAS N. FORRESTER, ET UX ***************************** ncK 420 ou 1. 3- THIS DEED, made and dated this day of 197..Z, by and between Marjec, Incorporated, a corporation I organized and existing under the laws of the State of Maryland I and licensed to do business in the State of Virginia, hereinafter I I i called the Grantor, and Thomas N. Forrester and I Ethel M. Forrester, his wife, hereinafter called ! i the Grantees. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations, receipt of all of which is hereby acknowledged, the Grantor hereby grants, sells and conveys, with general warranty of title, unto the Grantees in fee simple, jointly, as tenants by the entirety with the common law right of survivorship, all of the following described property: All of that certain lot or parcel of land designated as Lot 20 Plat- 1 Section 3o described and set forth in that certain deed of dedication of Marjec, Inc. dated the 13th day of July ,1970, and of record in the Clerk's Office of the Circuit Court of Frcdarick County, Virginia, in Deed Book 367 Page 583•Reference is made to the aforesaid deed of dedication and the references therein contained for a more particular description of the land hereby conveyed. This lot or parcel of land is conveyed subject to all of the restrictions set forth in said deed of dedication which are covenants running with the land in accordance with the authority granted therein. It is further understood and agreed between the parties hereto that all of the conditions in that certain contract of sale and purchase entered into between the parties hereto for the hereinabove described lot prior to the date of this deed are not to be merged into this deed, but are to survive and to be in full force and effect hereafter. 153 154 .a•sva ... ■ru■ .no•.n• a ... soak 420 imi 1.54 I The Grantor covenants Chat—ft has the right to convey the within described property; that the Grantees shall have quiet possession of said land, free from all encumbrances except as hereinabove set forth; that the Grantor; to its knowledge; has done no act to encumber said land; and that it will execute such further assurances of title as -may be requisite. IN WITNESS WHEREOF, the said Marjec, Incorporated, has I caused this deed to be executed, acknowledged and delivered on its behalf by Donald R. Lamborne, its.President and duly'authorized agent, and its corporate seal to be affixed and attested by -r �� i`--1aun1nrn- its Assistant Secretary , the first date I hereinabove written. MARAIZ4 INCORPORATED I 0 By Donald R. Lamborne, President �y seal) Attest By: STATE OF MARYLAND COUNTY OF MONTGOMERY, To -wit: I, 01(4-4 a, . +�:1— ■ a Notary Public in and for the County and State aforesaid, do certify that -Donald R. -b• / L.,,/,,,, , President and Assistant Secretary Lamborne, and ✓`- respectively of Marjec,•Incorporated, whose names are signed to ' the foregoing writing, bearing date the ' day of �e •U_•�.• , —.have personally appeared before me in my County and State a��9ksag�ehd acknowledged the same • '�� • �, y' 0%0 o t T'_Given under my hand this �nT''day of 19��f ' '•� o" 1 00 . w fmy commission expires JA J,-4 t 1 %� �''��,e„'�� „�l•1'' ' Notary Public j II i VJIGINIA PREDFRICK COU;11'Y, bu►• d"cd to me on tho I” r.lrumeril o! wr ling was ;`, Thi^ in f; t at day o! 1 a.,,I Will, c^rlilic.rt•r o. ,t"Icn'�u'{' 1' ,11 111,r.•lo anaoted was i-,1.1 ul 11 ry'I ❑1lI1Ct1 to Iecord. 1ra,. tin Jv-�1't i .. itp.dd, if da0 B.lblti. and . !i VARIANCE APPLICATION 918-07 JIMMIE CAMPBELL Staff Report for the Board of Zoning Appeals Prepared: September 25, 2007 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff toprovide 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: October 16, 2007 - Action Pending LOCATION: Shawneeland Subdivision, Section 32, Lot 100 MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 69A-1-32-100 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: Vacant East: RA (Rural Areas) Use: Vacant West: RA (Rural Areas) Use: Vacant VARIANCE REQUESTED: The applicant is requesting a 16 foot right side yard variance and a 26 foot left yard variance resulting in a 34 foot setback on both sides, for the construction of a 32' x 26' single family dwelling. REASON FOR VARIANCE: Current setbacks for the property result in a small buildable area on the property. Variance #18-07, Jimmie Campbell September 25, 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. The Frederick County Board of Supervisors amended the setbacks for the RA Zoning District on February 28, 2007, making the current setbacks for the property 60 feet to the front, 100 feet to the rear, and 50 feet to both sides. Based on the small size of this property and the large setbacks associated with the RA zoning district, the applicant is requesting a 16 foot right side yard variance and a 26 foot left side variance. This variance, if granted, would result in a 34 foot side yard setback on both sides. The majority of the properties located in the Shawneeland Subdivision are zoned R5 (Residential Recreational Community) and would have a setback of 35 feet off Basil Trail, 25 feet in the rear and ten feet on the sides. This request from the current RA zoning district setbacks would result in setbacks similar to but still larger than the rest of the Shawneeland Subdivision. STAFF CONCLUSIONS FOR THE OCTOBER 16, 2007 MEETING:_ The Code of Virginia 15.2-2309 (2), states that no variance shall be granted unless the application can meet the following requirements: 1) The strict application of the Ordinance will produce an undue hardship. 2) The hardship is not generally shared by the properties in the same zoning district and vicinity. 3) That the authorization of such variance will not be a substantial detriment to the adjacent property and the character of the district will not be changed by the variance. The applicant is seeking a 16 foot left side yard variance and a 26 foot left side yard variance in order to build a single family dwelling. Should this variance be granted, the building setbacks for this property would remain 60 feet to the front, change to 34 feet on both sides, and remain 50 feet in the 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. 0 0 0 o� a� O r �oo. G cc :C M U d '2 LC15� L In- U T a _ • -�16 z�zd�am y E J 0 0 0 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner other. (Check one) 2. APPLICANT: :(if different) NAME: &kGl &'O&C5 LLC ADDRESS 541 �Wn Clvde 11 G3 TELEPHONE: 40 U-11 011 NAME: i C`(1 rYl i e , `)tr e Vt ci ( C 61 r� ADDRESS: 4 C 1 -1 b uv l e �o n Rck-OLh pa Scl TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): 4. The property has a road frontage of _feet and a depth of 70 0 feet and consists of t � 5q acres (please be exact). Page 5 of 9 5. The property is owned by 1mmi �rc� �'� • C�Y1 �J L I I as evidenced by deed from V111 G e I nc o recorded (previous owner) in deed book no. 51 n page 3 of the deed books of the Clerk of the Court 'lur Frederick County. Please attach- a copy of the recorded deed. 6. Magisterial District: � u\� C � C (�K 7. Property Identification No.: Gvl C ULwo 8. The existing zoning of the property is: qkff C1 9. The existing use of the property is: UAO � �� 10. Adjoining Property: USE North East cm C� South � W West bry � (m( ZONING 1�_A. 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.") L 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 wivel\ � kw Y{'M immediately adjacent Page 6 of 9 Y A . A 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.") L 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 wivel\ � kw Y{'M immediately adjacent Page 6 of 9 Y 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: �� L x 1C1(le C p n C eMcAc �.ndCf �Address 1 1� i rl i500 U1'(1C S Mln�-hr) V Property ID # I �a q q zgoq Address V.01. VA Property ID #6q A )I j q Z . Address , Char 1 n►i vPK 'rCt [ 1 v l l e Pro ertYID #l0 13�+ 4013-,Z. 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 Easements, if any, not shown. No title report furnished. This property does not lie within the 100 year Flood Zone as shown on the F.E.M.A. F.I.R.M. Community Panel. Boundary derived from a field survey and from deeds of record as found among the Land Records of Frederick County, Virginia, as shown hereon. Iron Pins set at all drainfield corners. LEGEND Q Q- Iron Pin Found / co X/G1y Ci QPM I Lot I /Lot 1�141j i�'142,1 PI Note: Cannot show 50' B.R.L. from this line, as B.RL. lines would overlap BELLWORT TRAIL (60' R//W) PROPOSED DRAINFIELD, WELL, & HOUSE LOCATION SURVEY PLAT Property of "JUVIMIE L. CAMPBELL & DRENA W. CAMPBELL" Deed Book 522, Page 343 Tax Map #69A (1) (32) 100 "SHAWNEE -LAND" Subdivision, Section 32, Lot 100 Back Creek Magisterial District Frederick County, Virginia Scale: I" = 50' Date: April 2, 2007 0.459 Acres or 20,000 Sq. Ft. Revised May 15, 2007 Prepared by Dodson Surveying, Inc. P.O. Box 672 Luray, Virginia 22835 (540)843-0608 0 �1 52°50'56" E 1 100.00' 1 �z V 7.00' Prop. Well U Lot 100 0.459 acres 20000.00 sq ft z34.00' ll J _50' 32.00' U)m Prop.I wHse o N4.00' o'o m �o I ICD C? Im o �- ;u o F o so f3 20, o O 122 Pro . 12iJ— p D/F 114--� 60' B.R.L. 112-- 12'106'-104 106---- 00 104 1 100.00' S 52°50'56" W Note: Cannot show 50' B.R.L. from this line, as B.RL. lines would overlap BELLWORT TRAIL (60' R//W) PROPOSED DRAINFIELD, WELL, & HOUSE LOCATION SURVEY PLAT Property of "JUVIMIE L. CAMPBELL & DRENA W. CAMPBELL" Deed Book 522, Page 343 Tax Map #69A (1) (32) 100 "SHAWNEE -LAND" Subdivision, Section 32, Lot 100 Back Creek Magisterial District Frederick County, Virginia Scale: I" = 50' Date: April 2, 2007 0.459 Acres or 20,000 Sq. Ft. Revised May 15, 2007 Prepared by Dodson Surveying, Inc. P.O. Box 672 Luray, Virginia 22835 (540)843-0608 08/22/2007 04:33 FAX 5406368084 c-21 GABIMELL KhALI Y IIN%, WJ V - AGREEMENT VARIANCE A s& 1 _ __ (Number to be assigned by rhe Planning Dept-) 1(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 inspect,on 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(!) days prior ta 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. I NATUREOF AP—PLIC DATE SIGNATURE OF OWNER DATE (if other than applicant) , OFFICE USE ONLY - BZA PUBLIC 14EARING OF `D /610 '7 ACTION: - DA E - SIGNED: APPROVAL BZA CHAIRMAN DENIAL DATE: Page 9 of 9 un fix=l the f t� 137nnes In thr_+ E4tste �. H litl:', '":It:i V1°�iti� �. Ldmidle)) far ftru in c(._'=i" "' of t'hn aura of Tan Dollars Groh t in i �Yd w,, . i rr,d ,'.hvr r :1c-onr,ld, rr-tir,n, v!ceipt or vhich is hereby ack^oviedg«r, :'.r r;r tt ,; ,.,,re ,-r;-et; rsndr rp %.1F,A.IF� CELL and I i Co)i5'l"T, v'itl. F5 SAI, �ArI'J. w .:P, wlt�; s�GL.TM COYMAX S Of T17U., Unt! j t:72 Crcr.;tectr. 7n £ra 0"141;-, 3^,.Sr.fly rsx: ter.rvnte by the entirety vith full I -IFht7 of f.urvicc.phtp 4r. qt, ._r*; a ;1 le•r Pr.d rot Wa tena�t6 in eb ,the fnli^+airF ieacriLl�^. prl;R.rrt,yr of livid l;intt end teinF situate in the Fark Cr,rk "ftAl ntPrial District cf Frederick Cc)un-,y, Irp:ioiK, Cc+if atFd es Lot 100, p)dt S In Section i2' rt,ae of-Ixni :;111'11-Ini0n, deacrited and +set forth In tl:at certain drr3 c:' dedication or karjec, 1'C. y dated J;:;,7 ; 8, i'+7l , attd recorded in the Office of the Clerk or the Circuit C04;t of I'rederic.Y. County, Vi77in1a, in Deed Jrnk 380, Pape 269, to vhich deed further reference al;auL >a rade for a more particular 90sc:-1,ption of the lana hr,rby conveyed. -,.It .'.)t ar pereel of real Frorcrty is conveyed subject to a c"rimin %d €i ant 11tH of 1llchotas C. Wi ler, vhich ,udFxwnt vas obtained In the Ci:cult Court of Yairf®.1 Co[-aty In Aug-aat of 1977. and recorded in tIle Office of the Cl+srk of the Ctrruit Court of 'Frederick County on Jane 15, 1476, in JudIPMnt Book 75, ,;,t page 121; the inde',tadnees which t:.:s judgment secures is not eaauxed or intended to be paid by the Grantees, and the Grantor covenants and nfreee to hold the Gr_,e'.ees haraless with respect thereto. Th1n lot or pa: -cel of real pmparty is also conveyed stbject to all of the reatrictiors amt forth in tha said heed of Dt'dicattoc v?lith are cerrenante running vlth the land in accordance with the aut.Lorlt, p;ranted `herein. It is furt:hnr understood and agreed betvee, the part'.es hereto that all of the ccmdltinns In tho, certein contract of salt And yurentlae entarnA into betvmdti tho partl,ec hereto for tho heroinbbovv Cescrlbad 'at prior to the 6.atm cf tht: eleed are not to be verged into iM, ;-All�w'- Variance #20-07, Jerome Schams September 27, 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. The Frederick County Board of Supervisors amended the setbacks for the RA Zoning District on February 28, 2007 making the current setbacks for the property 60 feet to the front, 100 feet to the rear, and 50 feet to both sides. Based on the small size of this property and the large setbacks associated with the RA zoning district, the applicant is requesting a 16 foot side yard variance on both sides. This variance, if granted, would result in a 34 foot side yard setback on both sides. The majority of the properties located in the Shawneeland Subdivision are zoned R5 (Residential Recreational Community) and would have a setback of 35 feet off Arbutis Trail, 25 feet in the rear and ten feet on the sides. This request from the current RA zoning district setbacks would result in setbacks similar to but still larger than the rest of the Shawneeland Subdivision. STAFF CONCLUSIONS FOR THE OCTOBER 16, 2007 MEETING: The Code of Virginia 15.2-2309 (2), states that no variance shall be granted unless the application can meet the following requirements: 1) The strict application of the Ordinance will produce an undue hardship. 2) The hardship is not generally shared by the properties in the same zoning district and vicinity. 3) That the authorization of such variance will not be a substantial detriment to the adjacent property and the character of the district will not be changed by the variance. The applicant is seeking a 16 foot side yard variance on both sides in order to build a single family dwelling. Should this variance be granted, the building setbacks for this property would remain 60 feet to the front, change to 34 feet to the left side, change to 34 feet to the right side, and remain 50 feet in the 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. J�CY Baa O C` N �J k _ 7l al u. o ® � • c = A o J O T \ L L = W . �♦♦ 3��`e, i v a E � E - J N C > r'I S/8 to C� I r i Y Caroo., V V � f TF. b f P iIX / Q ? Q y r 1 4 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA -OFFICE USE ONLY - Variance Application No. 'o Submittal Deadline; Submittal Date; c �I Fox the meeting of l/f : : Fee Paid. yes,- initials - Sign Deposit des MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner other _ (Check one) 2. APPLICANT: ZZ�(if different) NAME: Ova 1 � � v NAME :� J Q Y C M e I - l CI G n� S ADDRESS ��� �' t�h.� �i ' C� ADDRESS: TELEPHONE --15 ��? CQ -I TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): 4. The property has a road frontage of b_feet and a depth of feet and consists of , � 5 CI acres (please be exact). Page 5 of 9 Theproperty is owned by, 1Q io MP Ay C'r �Vu Ae S C- as evidenced by deed from MQv ,`e G 1"c . recorded (previous owner) in deed book no. I on page J�13 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.: 6 q A -L 31 - 1 � 8. The existing zoning of the property is:� �\ 9. The existing use of the property is: \ wh 6- 10. Adjoining Property: USE ZONING Northam (� East R P South V UW R West 11. Describe the variance sought in terms of distance and type. (For example: "A 3.5' rear yard variance for an attached two -car garage.") VD VQ�Q►� (fin 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 immediately adjacent thereto S Page 6 of 9 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 Page 7 of 9 Address `� ���t �'�� Property ID# � �� - 1 31 Z q "C�/�f 8(t-1100 �L)I(AVA S iAdress ,i h C Property ID # ,/� - ✓ 2- -- 2- Address Property ID # ,A - i - - Z O:P J� Address Property ID # Address i Property ID # A - - Address Property ID # Address Property ID # Address Property ID # Page 7 of 9 1 5. Provide a sketch of the Property i you m�ov this rage or attach elgiriccr7. �u 13., iY., 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 1. Easements, if any, not shown. No title report furnished. 2. This property does not lie within the 100 year Flood Zone as shown on the F.E.MA F.I.R.M. Community Panel. 3. Boundary derived from a field survey and from deeds of record as found among the Land Records of Frederick County, Virginia, as shown hereon. 4. Iron Pins set at all drainfield comers. `�rsOsv a�je-�SS,s�o e�OaiPh�f.��i 0%, I/�LOt �l \29/ +1-200' to CHICORY ARBUTIS TRAIL(60' R/W) PROPOSED HOUSE, DRAINFIELD, & WELL LOCATION SURVEY PLAT Property of "JEROME B. SCHAMS & GERTRUDE A. SCHAMS" "SHAWNEE -LAND" Subdivision, Section 32, Lot 28 Deed Book 601, Page 363 Tax Map#69A (1) (32) 28 Back Creek Magisterial District Frederick County, Virginia Scale V=50' Date: July 26, 2007 0.459 Acres or 20,000 Sq. Ft. Prepared By: Dodson Surveying, Inc. P.O. Box 672 Luray, VA. 22835 Phone: (540)843-0608 Fax:(540)843-4828 Email-.dodsonsurvey@yahoo.com I'Lot �l \1 74 Aot �I \ 27 / LEGEND Q- Iron Pin Found ,Roy�E J. [�5�, JR. `/�N/o. ,74 0 4y��D S Vti,1, 08/05/2007 23:14 FAX 5406368084 C-21 CAMPBELL REALTY INC AGREEMENT VARIANCE #_Q (Number to be assigned by the Planning Dept.) to002 I (we), the undersigned, do hereby respectfully make application., and petition the Frederick County Board of Zoning Appeals (BZA) to gaunt a variance to the terms of the Frederick County Zoning Ordinance as described herein. T 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 properly iQY Site Irispection purposes. I understand that the sign issued to ane when, this application is submitted must be placed at the front property line at joast seven (7)dpys pri r to the BZA public hearing and maintained so as to be visible from the road or right -of --way until the hearing. T hereby certify that all of the statements and information contained herein are, to the best of my knowledtre, true. ' I —SIQNATURE OF 'k-_ t__L-c- DATE, I �� 1 S`IGNAT>I'I/]RE OF OWNER ^ �.��� v'.� ; j l ��_= ��_ DATE (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF la/i64 .7 AC`T'ION: - DATE - APPROVAL SIGNED_ BZA CHAIRMAN DENIAL DATE: Page 9 of 9 J, - - 363 #4222 MARJEC, INC. T0: DEED JEROME B. SCRAMS, ET UX BX601Ps363 WHEREAS. Marjoc, Inc. (s corporation organized and existing under the laws of the Commonwealth of Virginia) waa conveyed a tract of real estate situate in Frederick County, Virginia by dead dated Juno 19, 1956, and recorded in the Offica of the Clark of the Circuit Court of Tradericr County, Virginia, in Deed Book C 242. at page 26; and, WHEREAS, on September 14, 1978, Marjec, Inc., filed a Volun— tary Petition for Retilef under the provisions of Chapter xI of the Bankruptcy Act of 1898 in the United States Bankruptcy Court ' for the Wastarn District of Virginia (Harrisonburg Division) ,. (hereinafter referred to as "the Court'), and designated as Case No. 78-00245; and, WHEREAS, subaaquant to the filing of maid petition for relief, the Court, by Order dated March 18, 1983, converted the proceedings to a case under the provisions of Chapter IV of tha Bankruptcy Act of 1898; and, WHEREAS, by Order dated July 31, 1984 the Court Appointed John C. Leake as Trustee of the Debtor's •stats, (which order is recorded in the Office of the Clark of the Circuit Court of Frederick County, Virginia, in Deed Book 597. at page 415, and said John C. Leake has duly qualified as Trustee; and WHEREAS, after notice and hearing, the Court, 9y order dated June 12, 1985, authorized John G. Leek*, Trustee, to execute and L" avnca AUXMM ur ai+ ""AU kwvN odeliver his deed with Special Warranty of Title, and free and IYI�OpNMM. q iiE11 clear of all liana (except any lion attributable to real estate taxes owed to Frederick County, Virginia), to those persons who executed a Sales Contract for the purchase of a lot from Marjec, M 364 4W ornces 1lOORL J/1UCaDN, OIlAI� Awe RALatON wAw.r.aZ1 6K601 PG3tA Inc., prior to its filing of its Petition for Relief, sad Cabo had paid all suns of money due and owing on account oY said Bales Contract. (which order is recorded in the Clerk's Office afore- said, in Deed Book 597, at page 412; and WHEREAS, it appearing to John 0. Leaks, Trustee, that with respect tj the Sales Contract executed by the parties of the see* part herein, all auus of coney due and owing thereunder have been paid, and said parties ars entitled to a deed. NOV, THEREFORE, THIS DEED, entered into this 27th day of August, 1485, by and between JOHN G. LEARE, TRUSTEE of the Estate of Marjec, Inc.. tr{ding as Shawnee -Land, Debtor. party of the first part, and JEROAE B. SCRAMS and GERTRUDE A. SCRAMS, husband and wife, parties of the second partt THAT FOR and in consideration of the premises and the sua of TEN DOLLARS ($10.00), cash in hand paid by tha parties of the second part to the party of the first part, and of other good and valuable consideration passing from the parties of the second part to the party of the first part, prior to the execution and delivery of this deed, the receipt of all of which is hereby acknowledged by the party of the first part, said party of the first part has bargained and sold, and does hereby grant and convey with Special Warranty of Title, and frac and clear of all liens (except any lien attributable to real estate taxes owed to Frederick County, VSrginia)ia accordance with the aforesaid order of the United States Bankruptcy Court for the Western District of �VLrgiuia (Harrisonburg Division) dated June 12, 1985, unto JEROME B. SCRAMS and GERTRUDB B. SCRAMS, husband and wife, as itenants by the entirety with the right of survivorship as at I ' r ' I I I I I I I I I u.r av►1olt. >xOOaL JItCr.6oN. WtwVp JUhI RAteTOM i I 8K30'�Pc.3'35 365 cosaon lav, the following tract of coal estate, to -wits All that certain lot or parcel of land, lying and being of tuate in Back Creek Magisterial District, Frederick County, Virginia, dasignated as Lot 28, Plat 41 Section 32, Shawnse-Land Subdivision as described and net forth in that certain Dead of Dedication of Marjee, Inc., dated July 28, 1971, and recorded in the Office of the Clerk of the Circuit Court of Frederick County, VirSInis, in Deed Book 380, page 269. This lot or parcel of real property is conveyed subject to all the restrictions set forth in the aforesaid Deed of Dradics- tion which arecovenants running with the lend. It is further understood and agreed between the parties hdreto that all of the conditions in that certain Sales Contract eAterad into between iarjee, Inc. and the partits of the second part prior to the date of this dead for the above described lot fare NOT to be ■ergod Into this dead, but ars to survive, and to be and regain in full force and effect hereafter, including but not 11aited to those provisions for the payatat of ner&barship fens, including Dust and Maintenance Pace. WITNESS the following signature and seal% r (SBAL)'II Joh G. Leake, rustee ^ li l l of the Estate of Narjec, II . Inc., Debtor I II STATE OF VIRGINIA AT LARGE CITY OF SAIRISORBDRG, to -vitt The foregoing instruaent was acknowledged before as by John 4 II 'i G. Leake, Trustee of the Estate of Marjac, Inc.. This �%% day II' I, of 1983. My covalosion expires II N I i I. I' I. II I� �I 111 4 I it I li i II I jI I 366 OK60l'PG366 oe.r� a -IGINIA FRWZWCK COUArY, SC L. T13jxinstrument of wri g w�x produond to me on the ® day 11924L, a�ii h% , ind with certi[ica a acknowledgment thmto an"upl nae kdmittod to record. Tax imposed by Sao. Sd-rl. l of 5L _, and 58-54 have been paid, if asawAdb,. Glp-' LW WPM" M001L JA KOOM. GRAVIES A" RALSTON Nxw�ro�uRs, rx etaer wn wrn �or�+t �nm tM Ir VARIANCE APPLICATION 419-07 CLARENCE PARADIS Sta Report for tiie Board of Zoning Appeais Prepared: September 25, 2007 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: October 16, 2007 - Action Pending LOCATION: Shawneeland Subdivision, Section 32, Lot 84 MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 69A-1-32-84 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. Vacant East: RA (Rural Areas) Use: Vacant West: RA (Rural Areas) Use: Vacant VARIANCE REQUESTED: The applicant is requesting a 16 foot side yard variance, resulting in a side yard setback of 34 feet on both sides, for the construction of a 32' x 26' single family dwelling. REASON FOR VARIANCE: Current setbacks for the property result in a small buildable area on the property. Variance #19-07, Clarence Paradis September 25, 2007 Page 2 STAFF COMMENTS: Frederick County adopted zoning in 1967. The Frederick County historical zoning map shows this properly 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. The Frederick County Board of Supervisors amended the setbacks for the RA Zoning District on February 28, 2007, making the current setbacks for the property: 60 feet to the front, 100 feet to the rear, and 50 feet to both sides. Based on the small size of this property and the large setbacks associated with the RA zoning district, the applicant is requesting a 16 foot side yard variance on both sides. This variance, if granted, would result in a 34 foot side yard setback on both sides. The majority of the properties located in the Shawneeland Subdivision are zoned R5 (Residential Recreational Community) and would have a setback of 35 feet off Basil Trail, 25 feet in the rear and ten feet on the sides. This request from the current RA zoning district setbacks would result in setbacks similar to but still larger than the rest of the Shawneeland Subdivision. STAFF CONCLUSIONS FOR THE OCTOBER 16, 2007 MEETING: The Code of Virginia 15.2-2309 (2), states that no variance shall be granted unless the application can meet the following requirements: 1) The strict application of the Ordinance will produce an undue hardship. 2) The hardship is not generally shared by the properties in the same zoning district and vicinity. 3) That the authorization of such variance will not be a substantial detriment to the adjacent property and the character of the district will not be changed by the variance. The applicant is seeking a 16 foot side yard variance on both sides in order to build a single family dwelling. Should this variance be granted, the building setbacks for this property would remain 60 feet to the front, change to 34 feet on both sides, and remain 50 feet in the 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. C1Y � I OJ U .moi R � cd ' U _7 C CE � c R Fii o n Oi0a y, i r c c U r a I` a ZE psi L Q G2� tel' %d 'a --------------------- ♦ QI � C rr a t a, ./ •erg k= !. n n n h APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner other . (Check one) 2. APPLICANT: 4A (if different) NAME: �(� ��� 1)�1��iY S NAME: CA's Qn P �� � Q C� 1 s ADDRESS �Z �� �( �U,Y1 �� r CIS ADDRESS: n l TELEPHONE:tjAD I v1`111 TELEPHONE: 3 0 The property is located at (give exact directions and include State Route numbers): v)Q �VN -A '4 Ck t The property has a road frontage of n a feet and a depth of Z U and consists of , y 591 acres (please be exact). Page 5 of 9 feet 5. The property is owned by C6 t' n Ce �GVc-, a 1 S as evidenced by deed from ,� (�kr i e C , r,(; recorded (previous owner) in deed book no. p page 215 of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: Ck Ur\ 2e, 7. Property Identification No.: � 2 8. The existing zoning of the property is: 9. The existing use of the property is: Y ani 1 an 10. Adjoining Property: 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.") ( I (P , V CLY i, a vA u, o A � �+ti si d L(�, ) 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 Page 6 of 9 USE ZONING North Y (,_W �_ N East V o,VQ South Y O g l I West kw 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.") ( I (P , V CLY i, a vA u, o A � �+ti si d L(�, ) 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 Page 6 of 9 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 Page 7 of 9 Address SIN � Properly ID# UC A__ `�'Z J22_2 15 7 _ I Address Vyo X 13'Z 5 ; Property ID # L Address Properly ID Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Properly ID # Page 7 of 9 15. Provide a sketch of the property (you may ,�Se this page or attach engir�cer's drawing). Show proposed and/or existing structures on the properly, 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 1. Easements, if any, not shown. No title report furnished. 2. This property does not lie within the 100 year Flood Zone as shown on the F.E_M.A. F.I.R.M. Community Panel_ 3. Boundary derived from a field survey and from deeds of record as found among the Land Records of Frederick County, Virginia, as shown hereon. 4. Iron Pins set by all drainfield comers. LEGEND �- Iron Pin Found Qs QP OP I O Lot l Lot 1\1156,i I i�157,/1 6 \\y 0 �Pr 'Lot I� 85 �I +/- 600' to CAT BRIER TRAI nr go^rn rr" F 100.00' A �P 50' B_RL. _ 321:I00' Prpp. H9e. 34.00' o �oK. I� N 0 o Lot 84 o_ 0 0.459 acres Ir - 20000.00 sq ft 61.9 11� �4' B-R.L . 110 108 Prop. 106 DIF Area 104 63z 100.00' S 52"Wbb" VV BELLWORT TRAIL(60- R/W) PROPOSED HOUSE, DRAINFIELD, & WELL LOCATION SURVEY PLAT Property of "CLARENCE R. PARADIS" "SHAWNEE -LAND" Subdivision, Section 32, Lot 84 Deed Book 670, Page 215 Tax Map#69A (1) (32) 84 Back Creek Magisterial District Frederick County, Virginia Scale 1"=50' Date: July 26, 2007 0.459 Acres or 20,000 Sq. Ft. Prepared By: Dodson Surveying, Inc. P.O. Box 672 Luray, VA. 22835 Phone: (540)843-0608 Fax:(540)843-4828 Emaii:dodsonsurvey@yahoo.com /Lot�l \158 (Lot �I \83/ 0 0822,'21?07 tis 04 FAX -540E3368084 �4 C-21 CAMPBELL REALTY IN , - �j004 AGREEMENT VARIANCE Number to be assigned by the Planning Dept.) T (We)' the a dersigned, do hereby respectfully make application, and petition the Frederick �--ot niv Board of Zoning Appeals (BZA) to grant a variance to the terms of the Frederick C:o�. n -,t Zonin-- Ordinance as described herein. I agree to comply with any conditions for "rie variance r. -C ired by the BZA. I authorize the mcmbers of The BZA and Frederick County officials to go upon the property for si'.1 izlSpect ori purposes. f understand that rile sign issued to nye when this application is submitted must be placed at the front prope;rt�•'izie at Least sewcn �` ys prior to the B ,A public hearing, and maintained ,o as to be visible from the road or right-of-way uzltil the hearing. I hereby cc..rtify that all of the. statements and information contained herein are, to the best nF my knowlled e, true. SIC,NAT UTEOF APPLICANT , -, rt M A idY1 \fn.I' DATE E �L' atr"" LLc SIGNATURE OF OWNER DATE R/Z� © / (if other than applicant) -OFFICE USE ONLY- . BZ_A PUBLIC HEARING OF ©% ACTION; _DA E- _ APPROVAL SIGNED: DENIAL DATE: Page 9 of 9 LAW . -c" wooas. �AcxeoM. SPAY[/ µe WA4etON IAVn W WM .r...w.. #419 JOHN G. LEAKS, TR. TO: DEED CLARENCE R. PARADIS, ETU sK 6� PG 215 WSSRtAS, ltarjec, Inc. (a corporation organised and existing under the laws of the Commonwealth of Virginia) was conveyed a tract of real estate situate in Frederick County, Virginia by deed dated June 19, 1956, end recorded in the Office of the Clark of the Circuit Court of Frederick County, Virginia, in Dead Book 242. at page 26% and, WHEREAS. on September 14, 1978. earjec. Inc., filed a volun— tary Petition for Relief under the provisions of Chapter EI of the Bankruptcy Act of 1694 in the United States Bankruptcy Coact for the Western District of Virginia (Harrisonburg Division) (hereinafter referred to as `thea Court'), and destgnat*d as Casa No. 78-00245; and, WHEREAS, subsequent to the filing of amid p@titioe for relief, the Court, by Order dated March 18, 1983. converted the proceedings to a case under the provisions of Chapter Iv of the Bankruptcy Act of 1896; and. WHEREAS. by Order dated July 31, 1984 the Court appointed John G. Lesko mos Trustee of the Debtor's *state, (which order to recorded in the Office of the Clerk of the Circuit Court of Frederick County. Virginia, in Deed Book 597, at page 413), and i said John G. Lesko has duly qualified as Trustee; and WHEREAS, after notice and hearing, the Court, by order dated June 12, 1985, authorized John G. Leake, Trustee, to execute and deliver his deed with special Warranty of Title, and free and clear of ell liens (except any lien attributable to real estate taxes owed to Frederick County, Virginia), to those persons who executed a galas Contract for the purchase of a lot from Karjee, 0 1 0 I IInc.. prior to its filing of its Petition for Relief, and who had j � paid all sees of money due and owing on account of said Bales i Contract. (which order In recorded in the Clerk's Offtce •fora- t A 1j said, in Deed look 597, at page 112)1 and WHEREAS, it appearing to John 0. Leake, Trustee, that with raspect to the Sales contract executed by the parties of the �! second part herein, all sums o1 money due and owing thereunder 1} i have been paid, and said parties are entitled to a deed. I' NOW. THEREFORE, THIS DEED, entered into this 4th day of II r trebrwary, 1196, by sad betwepta JOHN G. LEAKS, TRUSTEE of the Estate of Narjec. Inc., trading as Shawnee -Land, Debtor, party of 1 the first part, and CLARENCE R. PARADIS and MAR&A PARADIS, I �i husband and wife, parties of the second parts � I �+ THAT YOQ and in consideration of the premises and the sum of ii (1 TEN DOLLARS ($10.00). cash in hand paid by the parties of the !� second part to the party of the first part, and of other good Had i I valuable consideration passing troa; the parties of the second �I I I part to the party of the first part, prior to the execution and C 1 delivery of this dead, the receipt of all of which is hereby I't acknowledged by the party of the first part, said party of the it first part has bargained and sold, and does hereby grant mad IIl I , i convey with Special Warranty of Title, and free and clear of all N i f lions (exempt any 11tH attributable to real estate taxes orad to II W,WVMM IFrodelick County, Virginia) in accordanca with the *for+said orderR qq� NOOKS, JAcsnor. i•KAVea A. RALSTON ' i ,.�.rw�...a...+ • of the United States Bankruptcy Court for the Western District of I, i _7AIp1W j • + lVirglate (Harrisonburg Division) dated June 120 1985. unto i CLARENCE R. YARADIS and MAROA PARADIS, husband and wife, as � I i �I tenants by the entirety with the right of survivorship as at i 1 'j t4' 1 r • - 1 r RIX I] i O PG 2 1 common law, the following tract of real estate, to -vitt r All that carte4a lot or parcel of lead, lying and being G �' situate in hack Creek Maglsterial District, Frederick County, ;I Virginia, designated as Lot 84, Flat 1, Section 32, Shawnee -Laud Subdiviniod as described and ant forth in that certain Deed of ,.Dedication of Marjec, Inc., dated July 28, 1971, and recorded la I 4 the Otfiee of the Clerk of the Circuit Court of Fredertek County, Virginia, in Dead book 380, page 268. I. This lot or parcel of real property is conveyed subject to I II all the restrictions set forth in the aforesaid Deed of Dediea- j I tion which are covenant• running with the land. I� f. I' 1 It is further understood and &Stood between the parties I hereto that all of the coadltioas in that certain Sales Contract iI entered into between Marjec. Inc. mad the parties of the second II part prior to the data of this dead for the above descrlbed lot L ii are NOT to be verged into this deed, but are to survive, and to be and remain in full force and sffect hereafter, including but A not llaited to those provisions for the paymest of membership fees, including Onto and Maintenance Fees. II it WITNESS the following signature and seal: p r ++ J Iv {SEAL)I� +I 3o n ' ea e, ltlstee II of the Estate or Marjec, Inc-, Debtor I� STATE OF VIRGINIA AT LARGE � I CITY OF tiARRISOMgORG, to -wits aooNaJwcaspN. The foregoing instrument was acknowledged before no by Johe uveae ... MALaroN '�•""'�� �»+ I C. Leake, Trustee of the zstste of Marjec, Inc., this day of February, 1986. II 1 II My commission expires ' ' / ^ � [ i - ^ ' ' / . ' � � , BK6 70FG2 13 / \ y . \ � ~~^~~x "=°^Tw � \ � -41 rt Id. lax ' VARIANCE APPLICATION #21-07 HELENA WEAVER Staff Report for the Board of Zoning Appeals Prepared: September 25, 2007 Staff Contact: Lauren E. Krempa, Planner I 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: October 16, 2007 - Action Pending LOCATION: Shawneeland Subdivision, Section 32, Lot 61 at the intersection of Bellwort and Cat Brier Trails. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 69A-1-32-61 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: Vacant East: RA (Rural Areas) Use: Vacant West: RA (Rural Areas) Use: Vacant VARIANCE REQUESTED: The applicant is requesting a left side yard variance of 16 feet and a right side yard variance of 26 feet, which will result in a 34 foot side yard setback on both sides for the construction of a single family dwelling. REASON FOR VARIANCE: The current setbacks for the RA zoning district eliminate a buildable area on this property. Variance #21-07, Helena Weaver September 25, 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. The Frederick County Board of Supervisors amended the setbacks for the RA Zoning District on February 28, 2007 making the current setbacks for the property 60 feet to the front, 100 feet to the rear, and 50 feet to both sides. Based on the small size of this property and the large setbacks associated with the RA zoning district, the applicant is requesting a 16 foot side yard variance on the left side, and a 26 foot side yard variance on the right side (because this is a corner lot). This variance, if granted, would result in a 34 foot side yard setback on both sides. The majority of the properties located in the Shawneeland Subdivision are zoned R5- (Residential Recreational Community) and would have a setback of 35 feet off Bellwort Trail, 35 feet off Cat Brier Trail, 25 feet in the rear and ten feet on the left side. This request from the current RA zoning district setbacks would result in setbacks similar to but still larger than the rest of the Shawneeland Subdivision. STAFF CONCLUSIONS FOR THE OCTOBER 16, 2007 MEETING: The Code of Virginia 15.2-2309 (2), states that no variance shall be granted unless the application can meet the following requirements: 1) The strict application of the Ordinance will produce an undue hardship. 2) The hardship is not generally shared by the properties in the same zoning district and vicinity. 3) That the authorization of such variance will not be a substantial detriment to the adjacent property and the character of the district will not be changed by the variance. The applicant is seeking a 16 foot side yard variance on the left side and a 26 foot side yard variance on the right side in order to build a single family dwelling. Should this variance be granted, the building setbacks for this property would remain 60 feet to the front, change to 34 feet to the left side, change to 34 feet to the right side, and remain 50 feet in the 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. s \y � OAC p � � i d• 98Ha- v _ M cz CCj om L V � � rT =u' -¢min 2a`in�-ys= N, yN Y N... Y 4 \g d r Z c a' i y � f � f` I s � 1 'yam Y APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA -OFFICE USE ONLY Variance Application — �i PP � No. � Submittal Deadline: Submittal Date: 'q113 For the meeting of v Fee Paid:initial Sign Deposit es MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner other �' (Check one) 2. APPLICANT: 64 E (if different) ' 1 j, �.�� w lh Y S NAME: �S q i.") nres s ADDRESS 5 `�Z e�h G r l I P ADDRESS: Wt� CLIv-Kft t (�3 TELEPHONE: `C� i I TELEPHONE: 3. The properly is located at (give exact directions and include State Route numbers): 4. The property has a road frontage of_feet and a depth of and consists of , q 5 acres (please be exact). Page 5 of 9 feet 5. The property is owned by L0e If W t Q VW as evidenced by deed from I lu e C , � V- G . recorded (previous owner) in deed book no. '422 on page 51 LI of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: BI0`(,K C Y -e & 7. Property Identification No.: � 9 A -I - 32 - (p 8. The existing zoning of the property is: 'QA 9. The existing use of the property is: r Oy� 1 an d 10. Adjoining Property: USE ZONING North V 0,W I Cl v IZ %a East f a vq CWO Q South 1E q N R A West V -0,W Iculd R8 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.") � VAL Sk dV S R! V�± C&` a 1 4;7 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 W1� C��►'P(1t ��� CI S �t2P 0f huf 1� nr) YnAM k1i Ild 0 4 1,rf I. n 0 Page 6 of 9 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 properly. (Use additional pages if necessary.) These people will be notified by mail of this application: NAME Page 7 of 9 Address ' `4TivJ- r1 A 2.2(05 Property ID # Address -L%6 V A 2-2-Q^US Property ID # Address 2n Property ID # _ j-32— _ 2 - Address 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. prnnPrfx, (,urm may use this page yr 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 1. Easements, if any, not shown. No title report furnished. 2. This property does not lie within the 100 year Flood Zone as shown on the F.E.MA. F.I.R.M. Community Panel. 3. Boundary derived from a field survey and from deeds of record as found among the Land Records of Frederick County, Virginia, as shown hereon. 4. Iron Pins set at all drainfield comers. F E PROPOSED HOUSE LOCATION SURVEY PLAT Property of "LOUIE R_ WEAVER & HELENA V. WEAVER" "SHAWNEE -LAND" Subdivision, Section 32, Block 1, Lot 61 Deed Book 422, Page 574 Tax Map#69A (1) (32) 61 Back Creek Magisterial District Frederick County, Virginia Scale 1"=50' Date: July 27, 2007 0.459 Acres or 20,000 Sq. Ft. Prepared By: Dodson Surveying, Inc.. P.O. Box 672 Luray, VA. 22835 Phone:(540)843-0608 Fax: (540)843-4828 Email:dodsonsurvey@yahoo.com LEGEND Q- Iron Pin Found BELLWORT TRAIL(60- RM) Z �i �. ;L7� V N C o Lot 61 j 0 0 0.459 acre' 20000.003 Prop. Hse. 100.00-1 S 52°50'56" W B.R,I=_. Aot ,62 3a.oa )' B.R.L. C S; deo as aeso fsh X04" Prop. 0L 7 we'll sp. GDj7apeS /Lot ,i \39 , V" 08/06/200 i 12: 31 F'ri 54i'19 726850 08/05/2007 23:32 FAX 5406368084 HOLDEN GROUP REAL -i iir' C-21 CAMPBELL REALTY INC AGREEMENT VARL NCE # JL6 `7 (Number to be assigned by the Planning Dept) Ca 61 /00:? 10002 I (we), the undcraiped, do hereby respectfully make application, and petition the Frederick Couuty I30a1`d of Zoning Appeals (BZA) to grant a variance to the terms of the Frederick Cnvnty Zoning Ordinance as described herein. I agree to comply with any conditions for the variance required by the BZA, I authori2e 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 ea"veza (7) piblich arng and Z, iu sed so as to be visible from the road or right-of-way entail the hearing. I hereby certify that all of the statements and information contained herein arc, to the best of my kn wledge, true. TUBE OF APPLICANT DATE I - 30 - O - , , SIGNATURE OF OWNER BATE 9 16-1 ° 7 (if other than applicant) F CE USE ONLY -z: - BZA PUBLIC BEAR1NC OF 10 6 n ACTION: AI' APPROVAL SIGNED: _-------_ __-__ -__- AZA, CHAIRMAN DENIAL DATE: Page. 9 of 9 JIB .1.[.tR... R..I.Y ,'' r536- NIARJEC, INCORPORATED TO .. .: DEED LOUIE R. WFJ'TER, ET UX BOOK 422 na 574 THIS DEED, made and -dated this day of 1973, by and between Marjec, Incorporated, a corporation organized and existing under the laws of the State of Maryland and licensed to do business in the State of Virginia, hereinafter called the Grantor, and Louie R. Weaver and Helena V. Weaver , his wife, hereinafter called the Grantees. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations, i 1 I receipt of all of which is hereby acknowledged, the Grantor herebyf grants, sells and conveys, with general warranty of title, unto the Grantees in fee simple, jointly, as tenants by the .entirety I with the common law right of survivorship, all of the following described property: All of that certain lot or parcel of land designated as Lot 61 Plat- 6 Section 32 described and set forth in that certain deed of dedication of Marjec, Inc. dated the 28 day of July ,1971, and of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 380 Page 269•Reference is made to the aforesaid deed of dedication and the references therein contained for a more particular description of the land hereby conveyed. This lot or parcel of land is conveyed subject to all. of the restrictions set forth in said deed of dedication which are covenants running with the land in accordance with the authority granted therein. It is further understood and'agreed between the parties hereto that all of the conditions in that certain contract) of sale and purchase entered into between the parties hereto for I I the hereinabove described lot prior to the date of this deed are not to be merged into this deed, but are to survive and to be in 1 full force and effect hereafter. I i 0 BOOK 422 06E 575 The Grantor covenants that it has the right to convey the within described property; that the Grantees shall have quiet possession of said land, free from all encumbrances except as hereinabove set forth; that the Grantor, to its knowledge, has done no act to encumber said land; and that it will execute such further assurances of title as may be requisite. IN WITNESS WHEREOF, the said Marjec, Incorporated, has ' I caused this deed to be executed, acknowledged and delivered on itsi behalf by Donald R. Lamborne, its President and duly'authorized I� agent, and its corporate seal to be affixed and attested by 1 `r 1:.,,1•� l,I.r.1� , its Assistant Secretary S the first date hereinabove written. MAR C, INCORPORATED r By a Donald R. Lamborne President :a N U ,orpT5_te Seal) --� Attest By: l STATE OF MARYLAND COUNTY OF MONTGOMERY, To -wit: I, �.L`��IT�.,, -,�_, a �_ a Notary Public in \��.; 111 1 ,. - ST a.r,f aiW for the Count and State aforesaid do certify that Donald R. G •, Y s Y z\y' •uT A R •c• N Lamborne, and President anks'stani VARIANCE APPLICATION #22-07 WEBSTER LEWIS Staff Report for the Board of Zoning Appeals Prepared: September 21, 2007 Staff Contact: Lauren E. Krempa, Planner I 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: October 16, 2007 - Action Pending LOCATION: Shawneeland Subdivision, Section 32, Lot 112 on Basil Trail MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 69A-1-32-112 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: Vacant East: RA (Rural Areas) Use: Vacant West: RA (Rural Areas) Use: Vacant VARIANCE REQUESTED: The applicant is requesting a 16 foot side yard variance, resulting in a side yard setback of 34 feet on both sides, for the construction of a 32'x26' single family dwelling. REASON FOR VARIANCE: Current setbacks for the property result in a small buildable area on the property. Variance #22-07, Webster Lewis September 21, 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. The Frederick County Board of Supervisors amended the setbacks for the RA Zoning District on February 28, 2007 making the current setbacks for the property 60 feet to the front, 100 feet to the rear, and 50 feet to both sides. Based on the small size of this property and the large setbacks associated with the RA zoning district, the applicant is requesting a 16 foot side yard variance on both sides. This variance, if granted, would result in a 34 foot side yard setback on both sides. The majority of the properties located in the Shawneeland Subdivision are zoned R5 (Residential Recreational Community) and would have a setback of 35 feet off Basil Trail, 25 feet in the rear and ten feet on the sides. This request from the current RA zoning district setbacks would result in setbacks similar to but still larger than the rest of the Shawneeland Subdivision. STAFF CONCLUSIONS FOR THE OCTOBER 16, 2007 MEETING: The Code of Virginia 15.2-2309 (2), states that no variance shall be granted unless the application can meet the following requirements: 1) The strict application of the Ordinance will produce an undue hardship. 2) The hardship is not generally shared by the properties in the same zoning district and vicinity. 3) That the authorization of such variance will not be a substantial detriment to the adjacent property and the character of the district will not be changed by the variance. The applicant is seeking a 16 foot side yard variance on both sides in order to build a single family dwelling. Should this variance be granted, the building setbacks for this property would remain 60 feet to the front, change to 34 feet to the left side, change to 34 feet to the right side, and remain 50 feet in the 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. QTY � v CA O � N O A N 4t co m O (! 0 R L J t(� c En s v E u u m cn a O d �O p4l�,?llr® \S-- � m ti- 9d Ifa' APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA Variance Application ro. Submittal Date: i 'Fee Paid: ` initials:- Sign nitials:Sign Deposit OFFICE USE ONLY_ Submittal Deadline: 1 For the meeting of 0 0 MUST BE T`VTED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner other . (Check one) awN1;T-1- 2. APPLICANT: OCeUPANT. (if different) NAME: NAME: �Q�oSv CWD5 l� S ADDRESS �5TL 9 ft ��n G Y & ADDRESS: ZX, 1 t V ✓sky —rl TELEPHONE: D� a � -� i ___b_q I. I TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): V_ 4. The property has a road frontage of feet and a depth of 100 feet and consists of . r acres (please be exact). Page 5 of 9 5 . The property is owned by -v- � �'l C Lt. L t \N ► S as evidenced by deed from far ` , VA E recorded (previous owner) in deed book no. tA '4 on page '`ty of the deed books of the Clerk of the Court for Frederick County. Please attach a e"Y; of the recorded deed. 6. Magisterial District: 7. Property Identification No 199 -►--62- 0- 8. The existing zoning of the property is: A 9. The existing use of the property is: V (�I, DA 10. Adjoining Property: USE ZONING North Y � R A East kyt R South West 11. Describe the variance sought in terms of distance and type. (For example: "A 3.5' rear yard variance for an attached two -car garage.") P 1A VA C 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 ofroperty immediately adjacent thereto III Page 6 of 9 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 Page 7 of 9 Address ` 4 Made- I Wr� p i r rt �d�lle N 2t132 Property ID # 1 i A - 3'1 - I Address �� Mfare`�fa W& 12th Property ID #LfA ` Address i l fi be r t d C 16"frr V/� � Property ID # OA- _ _ 3z Address L� �`' `1Ci� I S 6) 32 - -Property Property ID # !M - 32 _ /1 1 l I L - i i I Address qr Pa W i iC Property ID # ( -I A - - ?) 2 _ 09 9 Z20 Q 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 Easements, if any, not shown_ No title report fumisheo. This property does not lie within the 100 year Flood Zone as shown on the F.E.MA. F.I.R.M. Community Panel. 1. Boundary derived from a field survey and from deeds of record as found among the Land Records of Frederick County, Virginia, as shown hereon. I. Iron Pins set by all drainfield comers. LEGEND Q- Iron Pin Found BASIL TRAIL(60' RM) PROPOSED HOUSE, DRAINFIELD, & WELL LOCATION SURVEY PLAT Property of ' WEBSTER T. LEWIS & CHIOU S. LEWIS" "SHAWNEE -LAND" Subdivision, Section 32, Lot 112 Deed Book 446, Page 441 Tax Map#69A (1) (32) 112 Back Creek Magisterial District Frederick CountyVirginia Scale 1"=50' Date: July 26, 2007 0.459 Acres or 20,000 Sq. Ft. Prepared By: Dodson Surveying, Inc. P.O. Box 672 Luray, VA. 22835 Phone:(540)843-0608 Fax:(540)843-4828 Email:dodsonsurvey@yahoo.com Lot 112 lYgon 0.459 acres �; w CAPON SPRINGS TRAIL 20000.00 sq it sa, /oma s;o. sh �s °SP ' 60B.R.L. — . 4i;ryyh__�'�� aP dqf 34.00' 32.00' �-Hr_ 0rhP1 Z 34.00' 1 I �Lot oMS52'50'56"W C:) 0o o - Lot�l 111 C)o — X113, 08rno06------------ -------------W _ Lot 1\L I �ot� 1119 I I Loth " I I I \120/ I �118� PROPOSED HOUSE, DRAINFIELD, & WELL LOCATION SURVEY PLAT Property of ' WEBSTER T. LEWIS & CHIOU S. LEWIS" "SHAWNEE -LAND" Subdivision, Section 32, Lot 112 Deed Book 446, Page 441 Tax Map#69A (1) (32) 112 Back Creek Magisterial District Frederick CountyVirginia Scale 1"=50' Date: July 26, 2007 0.459 Acres or 20,000 Sq. Ft. Prepared By: Dodson Surveying, Inc. P.O. Box 672 Luray, VA. 22835 Phone:(540)843-0608 Fax:(540)843-4828 Email:dodsonsurvey@yahoo.com 08/22/2007 04:06 FAX 5406368084 U -"L1 UARYBELL KhALlX IINU VARIANCE # A —6 (Number to be assigned Dy the Manning Dept ) W-1UU4 I (eve), the undersigned, do hereby respectfully make application, and petition the Frederick County Board of Zoning Appeals (BZA,) to grant a variance to the teizns of the Frederick County Zoning Ordinance as described herein. I agree to comply with any conditions for the variance required by the RZA. 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 le oast seven (1) days prior to the l �A u 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 cont -clued herein are, to the best of my knowledge, true_ SI ATURE OF ANT, i Gtr 5 Lt_6 DATE //I, iI, SIGNATURE OF OWNER �—���!�b��� DATE (if other than applicant) -OFFICE USE ONLY- . BZA PUBLIC HEA G OF 1611, 02 ACTION: -DA - SIGNED: ED: AFFRO"V'.A.L A72A CILAIRMA DENIAL DATE: Page 9 of 9 { 'z N da ( one Aerated, a corporatirn i n.4 L C d miff -..;5.,. _ri (ji,z la a of the State Of Maryland � 'j sand licensed to do Sta r.e 0 JiriniR g hereina iter I , �4 ciglled the Grentor.,std I •...-.._,._�,.�:.- F ice. � :..., j-. ..� • W end ChiOU $. I.rW1.�+ � his wife, hereinafter called the Grantees. �'l/Tr'ESSEi'k4t That for and in consideration of the sum of Ten Dolla;re ($10.00) and other good and valuable considerations, receipt of gall of which 19 hereby acknowledged, the Grantor hereby grants, sells and conveys, u-ith general warranty of title, unto tha drantaea in tae 2iMp14, Jointly, as tendntg by tl,e entirety =U th Cho common 1#14 right of eturvivorsh! p, all of the followinc described property* All of that certain lot or parcel of land deaignated or Lot 112 plat, 9 Section 32 &,scribedand—� seat forth i —_ n certain geed f dedication of Kfarjec, Inc. dated the _ 28 day of 'J11}' 1971 and of record In ch_ Clerk a � office of the Circuit Court.of Frederick County, Virginia, in Deed Hook_ )BO page 2G9 Reference is made to the aforesaid decd of*dedication and the references therein contained for a more Particular drscription of ti,.c 1a -d . errb conveyed. y This lot or parcel of lend is rcnveyed subject [o all of the reatrictiona act forth in said deed of dedication which are :ovenants running with the land in accot-dance with the authority JI ,ranted therein. IC is further understood and agreed, between the i artiea htreto that ail of the conditions in that certain contract f sale and purchave entered into between the parties hereto for tithe hereinabove described lot prior to the date of this deed are not to be merged intO,thlm daed, but are to survives and to be in full :orce ar,d affaat la ft�r, I clone no c td Chit it will execute such further F.+ur.crnc.es o t;tl IN Li'sT;.t.SS G??x.1;F.DF ti:,ri(i ASa,: jrUc, incorporated, has I . caused thisl deed to be executed, c:cknowledged and delivered on itsi. behalf by Donald A. La,nborne, its President rnd c:uly, authorized agent, and its corporate sent to be nffixed and attested by Dorothy M. Reed its Asn11iCant Secrotary the first date hereinabove written. l urs ` AAE , INCORPORATES ...... Donald R. Lamborne, Prc e'llt Janice K. Johnson , a Notary Public in Iand for the County and State aforesaid, do certify that Lbnald R. Lamborne, and Dorothy M. 'teed , President and Asst. Secy , respectively of Mar,ec,•Incorporated, whose names are signed to the foregoing writing, bearing date the 28 day of June , 19,5_, have personally appeared before me in my County and State aforesaid and acknowledged the same. i Given under my hand this a day of July , 19751 M'y cowAiasion expires _ jL Ycrnst ?0 1978 l04otary ".iblic ilMG[ITLA FREDERICK COUrrry, St:x. Tl !r. Snafrumont o ening was prcdiv:od to mu on tha �Ldey or 1J.�., at /^,� _ '41 find with ccrtifi .fo of ayJ �lvl dq?ilc+:at�thareto n n 1c31 wsa ad-Alod to r&cord. and I I - E tQrate Seal) is Attest By. STATE OFuaI f YD FREDERICK COUNTY OF IMMMERY, Th -wit: Janice K. Johnson , a Notary Public in Iand for the County and State aforesaid, do certify that Lbnald R. Lamborne, and Dorothy M. 'teed , President and Asst. Secy , respectively of Mar,ec,•Incorporated, whose names are signed to the foregoing writing, bearing date the 28 day of June , 19,5_, have personally appeared before me in my County and State aforesaid and acknowledged the same. i Given under my hand this a day of July , 19751 M'y cowAiasion expires _ jL Ycrnst ?0 1978 l04otary ".iblic ilMG[ITLA FREDERICK COUrrry, St:x. Tl !r. Snafrumont o ening was prcdiv:od to mu on tha �Ldey or 1J.�., at /^,� _ '41 find with ccrtifi .fo of ayJ �lvl dq?ilc+:at�thareto n n 1c31 wsa ad-Alod to r&cord. and I I - E VARIANCE APPLICATION #23-07 CHRISTOPHER & LORI SCHUBERT Staff Report for the Planning Commission Prepared: October 2, 2007 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 application. It may also be useful to others interested in this zoning matter. BOARD OF ZONING APPEALS HEARING DATE: October 16, 2007 LOCATION: White Pine Lane in Lincoln Estates MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 51 -A -16F 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: RA (Rural Areas) Use: Vacant Use: Agricultural Use: Vacant Use: Vacant VARIANCE REQUESTED: The applicant is requesting a 49.9 foot rear yard variance, resulting in a 50.1 foot rear yard setback, for the construction of a 28x40 foot single family dwelling and a 28x24 foot garage. REASON FOR VARIANCE: Narrowness of lot Variance #23-07, Christopher & Lori Schubert October 2, 2007 Page 2 STAFF COMMENTS: This parcel of land was created in 1973. Frederick County adopted zoning in 1967 and the Frederick County historical zoning map shows this property was zoned A-2 (Agricultural General). 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. The Frederick County Board of Supervisors amended the setbacks for the RA Zoning District on February 28, 2007 making the current setbacks for the property 60 feet to the front, 100 feet to the rear, and 50 feet to both sides. Based on the narrowness of this lot, the applicant is requesting a 49.9 foot variance on the rear setback to construct a 28x 40 foot single family dwelling with a 28x24 foot attached garage. The current RA setbacks, if enforced, would eliminate a buildable area on this lot. If granted, this variance would result in new setbacks of 60 feet to the front, 50.1 feet to the rear, 100 feet on the left, and 50 feet on the right. STAFF CONCLUSIONS FOR THE 10/16/07 MEETING: The Code of Virginia 15.2-2309 (2), states that no variance shall be granted unless the application can meet the following requirements: 1) The strict application of the Ordinance will produce an undue hardship. 2) The hardship is not generally shared by the properties in the same zoning district and vicinity. 3) That the authorization of such variance will not be a substantial detriment to the adjacent property and the character of the district will not be changed by the variance. 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. 44, LLJ O o •1. uj f .J ..h�v, •.ry � a MAl JGo h� wca IV w - 4�`v oo� � d. O o � L ~ti L C p i _7 _ d n c > = Z 0 05 go pig y 44, LLJ O o •1. uj f .J ..h�v, •.ry � a MAl JGo h� wca IV w - 4�`v ~ti C APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA -OFFICE USE ONLY - Variance Applicata No. 3-0, Submittal Date: Fee Paid: initials: Sign Deposit 4�esi SEP 1 2� Submittal Deadline: ek l /cc For the meeting of 10 o MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner other x . (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME:Gary R. Oates-GreyWolfe, Inc. Winchester, VA 22603 TELEPHONE: 540-667-2001 NAME: Christopher and Lori Schubert •MCRIM•• Springfield, VA 22151 TELEPHONE: 703-967-6570 3. The property is located at (give exact directions and include State Route numbers): Lane and drive 3600' to the lot at the end of the road. Note - 4 wheel drive is advisable for access. 4. The property has a road frontage of 25' feet and a depth of 157' and consists of 2.494 acres (please be exact). 0 feet 5. The property is owned by Christopher and Lori Schubert as evidenced by deed from Hutchinson, et als recorded (previous owner) in deed book no. 040020627 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: Back Creek 7. Property Identification No.: 51 -(A) -16F 8_ The existing zoning ofthe property is: RA 9. The existing use of the property is: RA 10. Adjoining Property: ZONING RA RA RA RA 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.") 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 narrowness of the lot allows a building envelope of 10.02'x503.9'. This prevents the construction of a house. The rear lot line is adajacent to a 260 acre farm whose nearest structure is over 3500' away. Adjacent lots within Lincoln Estates have 50' setbacks. 7 USE North Vacant Lot East Woodlands South Agriculture West Vacant Lot ZONING RA RA RA RA 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.") 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 narrowness of the lot allows a building envelope of 10.02'x503.9'. This prevents the construction of a house. The rear lot line is adajacent to a 260 acre farm whose nearest structure is over 3500' away. Adjacent lots within Lincoln Estates have 50' setbacks. 7 13. Additional comments, if any: The lot has an approved 3 bedroom septic site (done in 2003) and is accessible. The current setback from the Agricultural parcel is 100' and creates a hardship. The lot was created in 1973. 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: "A RAF= Estate of Alma B. Rhinehart Address 1200 Fairfax Street, Stephens City, 22655 Property ID # 50-(A)-58 Gerald N. Phelps Address 245 Phelpsmore Lane, Winchester, VA 22602 Property ID # 51-(A)-34 Philip J. Rittman Address 202 Ogden Lane, Trailer #6, Middletown, VA 22645 Property ID # 50-(2)-12 Dianna L. Swaner Address 202 Ogden Lane, Trailer #6, Middletown, VA 22645 Property ID # 50-((3))-(D)-1 Jeffery S. Dunlap, Sr. Robin L. Dunlap Address , 60 Woodchuck Lane, Winchester, VA 22602 � Property ID # 50-((3))-(D)-2 Address Property ID # Address Property ID # THIS IS NOTA '�- 50-((3))-(D)-1 BOUNDARYSURVEY. DIANNA L .SWANER DB 581, PG 256 ZONED: RA 13 ACRES PLAT OF RECORD IRON ROD N 38'14'45" E -175.00' DB 415, PG 101 FOUND O I IRON ROD I FOUND RESEi<'VE3 50' BRL DR41NFIELD n) iv I 80' 0' 80` 51 -(A) -16F GRAPHIC SCALE CHRISTOPHER E. SCHUBERT, SR. & z LORI G. SCHUBERT w #040020627 ZONED: RA 2.494 ACRES A 58 50-(A)-58 a", n N3 ESTATE OF I 50-(2)-12 ALMA B. RHINEHART INST #990008556 a m PHILIP]. RIITMAN ZONED: " PROPOSED I DB 343, PG 442 1-260 ACRES ;' o WELL SITE ZONED: RA 3 +� 13 ACRES v m o PLAT OF RECORD PLAT NOT OF RECORDED A p o I o DB 343, PG 552 BY DOUGLAS C. LEGGE I TITLED "BOUNDA R Y SUR VEY OF A A THEALMA B. RHINEHART ESTATE" DA TED JANUARY 20, 2003 DRAWING NAME: ID4230 PROPOSED HOME SETBACKS LOCATION REQUIRED PROPOSED < 6 ac. FRONT 50' n/a zeX4o' 59.9' Homs; > 6 ac. LEFT 100' n/a <6 ac. RIGHT 50' n/a >6 ac. REAR 100' 50' 50.1' zBXzg, 100' CAR4GE BRL 25' R. 0. W. 13600' TO _ S 3811445" W - 157.21' WHITE PINE LANE_ QUAIL RUN LANE O 12.4 MILES TO CORNER #11 OF TRACT IRON ROD ROUTE 50 No. 8 RECORDED AT 51-(A)-34 FOUND DEED BOOK 82 AT PAGE GERALD N. PHELPS 19. IRON R00 FOUND. DB 236, PG 436 ZONED: RA 188 ACRES SKETCH PLAN FOR A PROPOSED SETBACK VARIANCE p,t.TH op OF LOT 51 ((A)) -16F LINCOLN ESTATES g 22 BACK CREEK DISTRICT, FREDERICK COUNTY VIRGINIA 1073 Redbud Road u Y OATEN '' Lic. No. 1518-B GreyWolfe, Inc. Winchester, VA 22603 Q -dam = C 7 GreyWolfelnc@aol.com Land Surveying and Consulting 540-667-2001 OFC � �� qN0 SURv�y W 540-545-4001 FAX DATE. SEPTEMBER 5, 2007 1 FILE NO: 0040 1 SCALE 1 " = 80' AGREEMENT VARIANCE # — G (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 APPLICANT r '` DATE 9_/G .. ) 7 SIGNATURE OF OWNER DATE �t 1, ,16 7TI(t J6 -OFFICE USE ONLY- BZA PUBLIC HEARING OF Jc� `7 ACTION: - IAT - APPROVAL DENIAL SIGNED: DATE: 10 BZA CHAIRMAN 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 By These Presents: That I (We) (Name) Christopher E. Schubert, Sr. and Lori G. Schubert (Phone) 703-967-6570 (Address) 7133 Dalhouse Street, Springfield, VA 22151 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. 040020627 on Page 0039 , and is described as Parcel.- 51-A Lot: 16F Block: Section: do hereby make, constitute and appoint: Subdivision: Lincoln Estates (Name) Gary R. Oates, LS -13, PE - GreyWolfe, Inc. (Phone) 540-667-2001 (Address) 1073 Redbud Road, Winchester, VA 22603-4757 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: Board of Zoning Appeals - Variance Application My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) h^ h o se ny (our) hand and_�eal thiws� day of � Jt , 2002, Signature(s) I, I i dtoi knot of Virginia, City/County of To -wit: wary Public in and for the jurisdiction aforesaid, certify that the person(s) who instrument and who is (are) known to me, personally appeared before me and has ,me bef rem in the jun action aforesaid this )1 day of �, 200!. f My Commission Expires: t " Reverse Image Click on the floor plan image to display a larger view amore Views Floor Plans Exterior ktatn R Color Rendering Upper Floor Eros View Tools > Add to Favorites Gustamtze Plan L Print Summary Send to a Friend Compare Plans Select up to 5 plans for comparison. Add Pta-(1.L2•CsgmWrzgn No plans have been selected for comparison. tscrlptlort bac* to tsps T r:rs gorgeous chalet is partially surrounded by a large and roomy deck that is great for indoor/outdoor living. The living and Mining area shows off a fireplace with a raised hearth, plus large windows to take in the outdoor views. The area is further expanded by a 17'/r& -high vaulted ceiling in the dining room and sliding glass doors that lead to the deck. The kitchen offers a brAakfast bar that separates it from the dining area. A convenient laundry room is nearby. The main -floor master bedroom is lust steps away from a linen closet and a hall bath. Two upstairs bedrooms share a second full bath. The highlight of the upper 11mr is a balcony room with a 121/,ft,-high vaulted calling, exposed beams and tail windows. A decorative railing provides an ^i�jprlcok into the dining area below. FS-Aalled Specifications back to top TZ Similar Pians More by this designer91 Home Plan H-919-1 Title Decked -Out Chalet Style(s) f Influences Chalet, Recreation/Vacation Home Type Hillside, Indoor/Outdoor, Narrow -Lot Exterior Wall Framing 2x6 Available Foundation(s) Daylight Basement Exterior Materials Wood Dwelling Type Single Family Bedrooms 3 actual, 3 possible «. Baths 2 full Floors uv 2 Living Area (Sq. Ft.) Level Finished Unfinished F First 1064 Second 869 3F Basement 475 Total Living Area 7408 0 Dimensions 34'x 40' x 0' (width x depth x height) Laundry Floor First _ Master Suite Floor First Master Suite Features Fireplaces 1 a IGtchen Style L-shaped Kitchen Features Nook, Snack Extra Features _ Roof Style Gable _. Roof Construction Garages Style Stalls Area (sq. ft.) Attached One Car Room Information More by anv designer 0 Home Plan H-919-1 Main Floor 2 Decked -Out Chale C) ` 040020627 0 7563-6574 EBY/bhb THIS DEED, made and dated this 20 (h day of September, 2004 by and between REGINA M. HUTCHINSON, JASON A. CASTANEDA, and IAN A. CASTANEDA, parties of the first part, hereinafter called the Grantors, and CHRISTOPHER E. SCHUBERT, SR, and LORI G. SCHUBERT, husband and wife, parties of the second part, hereinafter called the Grantees. WITNESSETH: That for and inconsideration of the sum of Ten Dollars ($10.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantors do grant and convey, with General Warranty and with English Covenants of Title, unto the Grantees, as tenants by the entirety in fee simple, with survivorship as at common law, together with all rights, rights of way, privileges, improvements thereon and appurtenances thereto belonging, all of the following realty: N V All of that certain tract of land situate in Back Creek Magisterial District, Frederick County, Virginia, about 5 1/ miles West of Winchester, a short distance o N South of U. S. No. 50 Highway containing three (3) acres, more or less, conveyance being in gross and not by the acre, described as follows: C> ID ,I All that certain tract of land beginning at (1) a point which is located in the o a q original S. E. boundary line of Tract No. 8 and shown on the plat recorded in Libcr 82, Ln �i C 'w folio 19, in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Point ."— P. Ln cn 1 I in said tract No. 8, which has been recently marked by a steel pin set by Richard U. Goode, C.L.S., thence from said point 157.21 feet bearing N. 38 deg. 14 min. 45 sec. E. to (2) a point thence 654.00 feet bearing N. 51 deg. 45 min. 15 sec. w W. to (3) a point, thence 175.00 feet bearing S. 38 deg. 14 min. 45 sec. W. to (4) z z o A point, thence 654.10 feet bearing S. 53 deg. 24 min. 29 sec. E. to (5) the point 0 12t of beginning, AND BEING the same property conveyed to Regina M. Hutchinson, nH et. als., by deed from Anne Juanita Castaneda, by deed dated September 7-a i4, 2004 w and recorded in the aforesaid Clerk's Office immediately preceding the recordation of q this Deed, where they acquired a one-half interest in said property. They inherited the z other one-half interest from their father, Ronald F. Castaneda, who died intestate in o N C4 January of 2004. leaving as his sole heirs at law, the grantors herein. Reference is hcr,+y CD CD CD made to the aforesaid instruments and the references contained therein for a further and more particular description of the property conveyed herein. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty. The Granton do hereby covenant that they have the right to convey to the Grantees; that the Grantees shall have quiet and peaceable possession of the said property, free from all liens and encumbranccS; and he will grant such further assurances of title as may be requisite. WITNESS the following signatures and seals: UDOWELL 1 /CO 00 0-4/co GO My Commission Expu. July 22, 2006 N Dr �iQsurr 0C;YUfk1 ;CL-" (SEAL) REGINA"M. HUTCHINSON (SEAL) 7ASP71q-,?V. CASTA DA (SEAL) IAN A. C ST 2 Q CD STATE OF U COUNTY OF >l cz c _row To -wit: f, ;< r tL,,,, q a Notary Public in and for the State and jurisdiction AAAI A. C'�?sri�tic�A aforesaid, do hereby certify that whose name is signed to the foregoing Deed, dated this A-0 day of September, 2004 has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this ,J'R of September, 2004. My commission expires: MyCommissipn Expires December 31, 2006,^ Ate' (c (_-, r m Notary Publ c STATE OF E0 - y164 Ct COUNTY OF IO Cern leo , To -wit: 1, ��76r1 e S' _60wef/ a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that JASON A. CASTANEDA, whose name is signed to the a. t&ixf foregoing Deed, dated this 5)"y 7 day of Se r; 2004 has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. OC74 it'r Given under my hand this of r, 2004. My commission expires: �tY t�(Je�., p� �0 CHERIE S. DOWEL L 4. (010 My Commission Exps. July 22, 2006 Notary Public C:) Ci n� STATEOFtGtiyli l� COUNTY OF To -wit: 1, eo(q it,I 81f /d& a Notary Public in and for the State and jurisdiction r (?6;6IMA N) HUR41ASC aforesaid, do hereby certify that whose name is signed to the foregoing Deed, dated this day of 2_004 has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this of Septemh�,* 1004. My commission expires: Notary Public i rilali;. 1. ..7 u._ .. rlr,.ir_•.i!tor• I,;-, I /,- v v - G i la. w.b urhm x.., pn pa:.a Kell. n.l .11 1 W,•I.•n 11. A,...x II�'41.PI I tri"_• 1e .1- ,:..11 iI r Y