BZA 08-17-10 Meeting AgendaAGENDA
FREDERICK COUN'r Y BOARD OF ZON MG APPEALS
The Board Room
Frederick County Administration Building
107 N. Kent Street
Winchester, Virginia
August 17, 2010
3.27 p.m. CALL TO ORDER
1) Determination of a Quorum
2) Minutes of April 20, 2010
PUBLIC HEARING
3) Variance Request 405-10 of Bethel United Methodist Church, for a 141 foot right side
yard variance, resulting in a 59 foot right side yard setback, for a church addition. This
property is located on the southeast corner of the intersection of Muse Road (Route 610)
and Hollow Road (Route 707), and is identified with Property Identification Number 26-A-
56 in the Back Creek Magisterial District.
4) 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 April 20, 2010.
PRESENT: Kevin Scott, Chairman, Shawnee District; Robert Perry, Vice Chairman, Stonewall
District; Bruce Carpenter, Gainesboro District; Jay Givens, Back Creek District; and Robert W.
Wells, Member -At -Large
ABSENT: R. K. Shirley, III, Opequon District; and Eric Lowman, Red Bud District.
STAFF
PRESENT: Mark R. Cheran, Zoning and Subdivision Administrator; Dana Johnston, Zoning
Inspector; and, Bev Dellinger, Secretary.
CALL TO ORDER
The meeting was called to order by Chairman Scott at 3:25 p.m. and he determined there
is a quorum. Chairman Scott welcomed Mr. Brian Hester of the Winchester Board of Zoning
Appeals to the meeting.
On a motion made by Mr. Perry and seconded by Mr. Wells, the minutes for the March
16, 20 10, meeting were unanimously approved as presented.
Chairman Scott inquired if there are any applications pending for May. Mr. Cheran
responded there are no applications at this time; the cut-off date is Friday, April 23, 2010.
PUBLIC HEARING
Variance Request #04-10 of John McAllister, for a 26 foot right side yard
variance, resulting in a 24 foot right side yard setback, for the construction
of a master bedroom, deck and porch. This property is located 573 Lake
Saint Clair Drive, and is identified with Property Identification Number
31A-1-1 in the Gainesboro Magisterial District.
ACTION — VARIANCE APPROVED WITH BZA MODIFICATION
Mr. Johnston presented the staff report. Mr. Jolumston directed members to the screen, showing
the front, side and rear views of the subject house. The property has a width of 221 feet and a depth of
approximately 335 feet and the size of the lot is .88 acres, thereby eliminating a buildable area by
today's RA setback requirements. Mr. Johnston continued that the house was built in 1965 and through
Lake Saint Clair's covenants, the setbacks were 25 feet on all sides. Frederick County adopted zoning
in 1967 and further amended zoning in 2007 to the current setbacks of 60 feet to the front, 50 feet to the
rear and 50 feet on both sides.
�j Qderickounlyo rd f Zoning Appeals
1542
mutes o Aprr 2 , 201 �}
In conclusion, Mr. Johnston stated that the applicant's variance request of 26 feet is in order to
construct a 12 foot by 54 foot deck, a 13 foot by 15 foot screened porch and a 13 foot by 28 foot master
bedroom. According to the Code of Virginia 1950 as mended 15.2-2309 (2), and Section 165-1001.2
(C) of the Frederick County Zoning Ordinance, this variance request does not meet the intent of a
hardship or the current setback requirements.
Mr. Givens stated that Mr. Johnston noted that the 25 foot building restriction line shown on the
plat was a covenant restriction and the subdivision was approved or platted in 1959. Did the County
approve this subdivision and was it approved with the 25 foot building restriction line? Mr. Johnston
stated that Frederick County did approve the subdivision but at that time, Frederick County didn't have
setback requirements so it wasn't approved for a 25 foot setback. The plat that Mr. Givens is speaking
of was created later. Mr. Cheran stated that Frederick County does not follow the covenants that go with
the land, but follows the recorded plat, and this is not on the plat.
Mr. Danny McKee of Kee Construction stated he is representing Mr. McAllister. Mr. McKee
handed material to the Board members. He stated the McAIlisters approached Kee Construction a few
months ago and asked them to do some renovations on the house. At that time, Mr. McKee said they
knew there wasn't a fully completed plat for the property, so they had Foltz Land Surveying, Inc.,
complete a survey. Mr. Foltz researched the deed from 1959 and saw there were 25 foot boundary line
setbacks. After turning in the package to the Inspections Department, they became aware of the fact that
50 foot setbacks now apply to this area. The material handed out by Mr. McKee showed pictures of the
lot and house. Mr. McKee further stated that with the structure that is there now, there is minimal
opportunity to do any type of renovation or make improvements. The family purchased the property
with the intent to make more room; it's currently a two bedroom structure but it has a three bedroom
perc approval. Mr. McKee stated they submitted this with the understanding that they had 25 foot
boundary lines. They made a note on the drawing that shows a 19 foot measurement to the edge of the
new deck that was going to be added onto the structure, with a side note saying that if they had to put an
angle on the deck to accommodate the 25 foot boundary line, that would be possible.
Chairman Scott asked how many square feet this addition would add. Mr. McKee stated the
current structure is approximately 1,100 to 1,200 square feet and the addition would add another 600 to
700 square feet.
Chairman Scott opened the public hearing portion of the meeting for cormnents, either for or
against this variance request. Chairman Scott stated that he received several e-mails from citizens and
the Homeowners' Association in support of the variance request.
Mr. John Schroth and Mr. Jim Longerbeam both spoke in favor of the request. Both citizens
made continents that the setback issue is an issue they all suffer at Lake Saint Clair; no one can expand
their property. Mr. Schroth pointed out that the 50 foot setback was originally intended for five acre
lots, but the lots in Lake Saint Clair are rectangular Iots of one acre or less.
Discussion
Mr. Wells stated that he can understand both sides of this request and although this doesn't
completely fit the category of a hardship, he would be willing to seek a compromise.
1543
Frederick unl Bo rd f Zoning Appeals
Minutes oFxprr1y20, 01 �
Mr. Givens stated that building the bedroom addition will not encroach any further into the
setback area and without adding the bedroom, there could be an argument for a hardship. However, Mr.
Givens doesn't believe that a deck creates a hardship. He believes that a 25 foot building restriction line
has been established and the Board could work within that 25 foot setback, which would mean that the
deck would have to be angled.
Mr. Carpenter stated that the Board should abide by the 25 foot restriction line.
Chairman Scott asked Mr. McKee if they could work within the 25 foot adjustment of the
setbacks and Mr. McKee responded yes.
Mr. Perry stated he's in agreement with the 25 foot building setback line.
Mr. Wells stated that Mr. Cheran and his staff are driven by the law as to what they have to do
and, as a supporter of Mr. Cheran and his staff, Mr. Wells feels they do an excellent job. They have said
today that this does not Iegally create a hardship. However, Mr. Wells feels that the response of the
Board shows their willingness to compromise.
Mr. Carpenter made a motion to approve Variance Request #04-10 with the adjustment of a 25
foot southern line variance, resulting in a 25 foot setback. Mr. Givens seconded the motion and the vote
was unanimous.
Other
As there was no further business, the meeting adjourned at 3:55 p.m.
Respectfully submitted,
Kevin Scott, Chairman
Bev Dellinger, Secretary
Frederick �uni $o d f Zoning Appeals 1544
1� mutes o prr 2 01}
VARIANCE APPLICATION #05-10
BETHEL UNITED METHODIST CHURCH
Staff Report for the Board of Zoning Appeals
Prepared: August 2, 2010
Staff Contact: Dana M. Johnston, Zoning Inspector
This report is prepared by the Frederick County Planning Staff to provide information to the Board
of Zoning Appeals to assist them in making a decision on this request. It may Also be useful to
others interested in this zoning matter.
BOARD OF ZONING APPEALS HEARING DATE:
August 17, 2010 - Action Pending
LOCATION: The property is located on the southeast corner of the intersection of Muse Road
(Route 610 and Hollow Road (Route 707).
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 26-A-56
PROPERTY ZONING & USE: Zoned: RA (Rural Area)
Land Use: Agricultural/Orchard
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Area) Use: Agricultural
South: RA (Rural Area) Use: Orchard
East: RA (Rural Area) Use: Orchard
West: RA (Rural Area) Use: Agricultural
VARIANCE_REQUESTED: The applicant is requesting a 141foot right side yard variance,
resulting in a 59 foot right side yard setback, for a church addition.
REASON FOR VARIANCE: No buildable area on the lot to accommodate building addition
based on current 200 foot setback, which is the setback requirement from an orchard.
Variance #05-10, Bethel United Methodist Church
August 2, 2010
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 district to the
current RA (Rural Areas) Zoning District. The Frederick County Board of Supervisors amended the
setbacks for the RA Zoning District on February 11, 1991, making the current setbacks for this
property 60 feet to the front, 200 feet to the rear, and 200 feet to the right. The 200 foot setback is
applicable when adjacent use is an orchard.
Based on the small size of this property and the large setbacks associated with the RA zoning district,
the applicant is requesting a 141 foot right side yard variance. This variance, if granted would result
in a 59 foot right side yard setback. The surrounding property is 25 acres, zoned RA (Rural Area),
and is an orchard.
STAFF CONCLUSIONS FOR THE AUGUST 17, 201.0 MEETING:
The Code of Virginia 1950 as amended 15.2-2309 (2) and Section 165-1001.2 (C) of the Zoning
Ordinance 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 request is to allow for a 20'x 18' addition on the right side of the existing church building for the
construction of a modern restroom facility to be constructed at a setback of 59 feet from the right
side of property line; currently the church is using an outhouse for a restroom facility. Due to an
orchard adjoining the property on the rear and right sides, the required setback is 200 feet. The
variance request appears to meets the intent of The Code of Virginia 15.2309 (2). This request from
current setbacks of the RA (Rural Area) zoning district may be justified in order to enable the
construction of a modern restroom.
t�
w{y 610 ~
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4 VARIANCE 4 05 - 10
Bethel United '
Methodist Church
PIN #26-A-56
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VARIANCE # 05 - 10
Free.
Frederick County Dept of
Bethel United
Planning B Deve'npment
Methodist Church
107 N Kent Se
Suite 202
540-665-56512scr1
PIN # 26-A-56
Map Created: July 26, 2010
0 125 250
500 Feet
J wL 2 1 2n1D i
APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
-OFFICE USE ONLY -
Variance Application No. Q �S_ -f G
Submittal Date: `7n
Fee Paid: <:9 initials:
Sign Deposit
Submittal Deadline: 7/4 3 /6
For the meeting of
MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT
1. The applicant is the owner other \/. (Check one) Please list all owners, occupants
(adult individuals as well as any entities occupying the property), or parties in interest of the
property.
2. APPLICANT: _i. iz V f>TGC
ADDRESS 2^7 5C�fi� r -4,J iyT�C hr"
OCCUPANT: (if different)
ADDRESS:
?v_,a I W10(-. qf\- -,7-2,V)3
TELEPHONE: (0 CU 7 — �3 (,c)s TELEPHONE:
3. The property is located at (give exact directions and include State Route numbers):
SE
cc) RNc-_F
Or I ,.� ' x
L_aT&
t40LA_CA;,1 'RC, kir>
707)
4. The property has a road frontage of C 00 feet and a depth of 200' feet and
consists of*),., (o6 acres (please be exact).
5
5 . The property is owned by 1Bf't H 1` L U • M • C Ry V, 4 as evidenced by deed
frons q&a(zj M. U 5a recorded (previous owner) in deed book
170.� on page L�7 , of the deed books of the Clerk of the Court for
Frederick County. Please attach a copy of the recorded deed.
G. Magisterial District: BAC_ 1C C -r, E1,
7. Property Identification No.:
:. to --- & -- c�
8. The existing zoning of the property is
9. The existing use of the property is:
10. Adj oining Property:
CO
CAVR.0 ti+
USE ZONING
North N CIi21 T_ p�
Easty [Zt_ wt Nf.?-fD R p�
South 2-r- HrA 9 ,N R. k
West 6 CyR I . F fi*
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 iminediately adjacent thereto
C3 M_ZA— G w k -A-
0fj CUIL(ZI=-Q- *FE.(�-V� A- 1-I Q Q S Pte
USE OF h-D�jviN ( c'�Rc_�rACz�1
6
Scu-�}t
W F5 T-
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1.1 Zpm
wggSr
13. Additional comments, if any:
Oi>I 'T.f at -J LutLL- NL.t-OLJ Fv2 tAor-�'Q
NTS 20 G OUT H o-V&S
14. The fallowing 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
VSE
L--. G; --Q
Address u Dz�r
Property ID # 2 -- A
~-- b 7
E 2Ze Y.--5 A •
L E v 2 i 0 L--
Address 14-x,
dim T L iR ��.� h;[ SIA
Property ID # 2-6 -7 ., l_ 15 27-6- L z
1�lArt? G^ gz-� r
C1 h# P., P i N
Address 9E ,17
C-yt OS PL -ALE- �.r.i►�� ��
Property ID # 2--7 .-- A — ,
C ►4�y1 i t �VSAi.i L .
A t,,A
10-L5 o MJ i e kI
Address N,-
C �PLCH iZ�
\1 h ZZ i sz-
Property ID # 2-7
Address
Property ID #
Address
Property ID #
Address
Property ID #
AGREEMENT
VARIANCE # 05-- /0
(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 sevens dans prior to the BZA ublic hearin and maintained so as to be
visible from the road or right-of-way until the hearing.
I hereby ecrtify that all of the statements and information contained herein are, to the best of my
knowledge, true.
SIGNATURE OF APPLICANT�f
DATE#" -,27D
SIGNATURE OF OWNER DATE
(if other than applicant)
-OFFICE USE ONLY-
BZA PUBLIC HEARING OF/ �1 0 ACTION:
- ATE -
APPROVAL SIGNED:
DENIAL DATE:
BZA CHAIRMAN
TO WHOM IT MAY CONCERN:
As owner of the "Muse property" adjoining Bethel Church on Muse Road in
Frederick County, Virginia, this is a waiver for a 200 foot setback.
-.1 /56-�
Kay M. Bolliger
418 Fox Drive
Winchester, VA 22601
540-667-0418
July 19, 2010
f
TAX IDJ 27—((A))-14 f [��0�) r
WILLIAM A. CHAPIN
INST. JO20015415
142.702 ACRES ! r ARES f i
00'2
RA / AGRI. / 1�L�o 8105.58
/
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CEMETERY
I TAX IDJ 26-((A))-56
o I I BETHEL U. M. C.
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o I DB 113 PG 276
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PROPOSED
4 ADDITION
N 625943" W 1 CEMETERY
48.12' o
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NOTES,' N 71'1420" W
1. NO TITLE REPORT FURNISHED. z
200.79'
EASEMENTS OTHER THAN
SHOWN MAY EXIST f 0 s0
120
2. NO PORTION OF THIS PROPERTY 25'
LIES WITHIN THE 100 YEAR 15'y
FLOOD ZONE AS SHOWN ON I � SCALE: I" — 60'
F.1,R.M. PANEL 1510063-0100-61
DATED JULY 17, 1978. LEGEND.
3. UNDER CURRENT ZONING REGULATIONS NO IRF = IRON REBAR FOUND
BUILDABLE AREA EXISTS ON LOT THEREFORE BRL T BUILDING RESTRICTION LINE
NO SETBACK LINES CAN BE SHOWN.
ZONING VARIANCE SKETCH PLAN
FOR
��
BETHEL UNITED METHODIST CHURCH
ID 26-((A))-56
��
TAX #
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BACK CREEK MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA
DATE: JULY 22, 2010 SCALE: 1" = 60` FILE#: 10-017
DARREN ��0 TZ
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Foltz Land Sumeying, Inc.
SHEET
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P.O. Box 23 Stephens City, Yrginio 22655
Phone #. 540-323-1497 Fax #: 540-868-2963
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