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BZA 08-21-12 Meeting AgendaAGENDA FREDERICK COUNTY BOARD OF ZONING APPEALS The Board Room Frederick County Administration Building 107 N. Kent Street Winchester, Virginia August 21, 2012 3:25 p.m. CALL TO ORDER 1) Determination of a Quorum 2) Minutes of July 17, 2012 PUBLIC HEARING 3) Variance Request 404 -12 of Burnt Factory United Methodist Church, submitted by Greenway Engineering, for a 52 foot front variance, resulting in an 8 foot front setback, and a 75 foot right side variance, resulting in a 25 foot right side setback, for a church addition. This property is located at 194' ) Jordan Springs Road (Route 664) and is identified with Property Identification Number 56 -A -8 in the Stonewall Magisterial District. 4) Variance Request 405 -12 of Wright Renovations, Inc., submitted by Marsh & Legge Land Surveyors, P.L.C., for a 73 foot right side variance, resulting in a 27 foot right side setback, and a 35 foot left side variance, resulting in a 65 foot left side setback, for a single family house to be built on an existing foundation This property is located on the east side of Welltown Road (Route 611) approximately 0.25 miles south of the intersection with Rest Church Road (Route 669), and is identified with Property Identification Number 33 -A- 13B in the Stonewall Magisterial District. 5) Variance Request #07 -12 of J. H. Yost, III, for a 26 foot right side variance and a 26 foot left side variance, resulting in a 24 foot setback on both sides, for a single family house. This property is located in Enon Springs Subdivision (Route 608), on Aster Trail, Lot 13, and is identified with Property Identification Number 69A- 1 -30 -13 in the Back Creek Magisterial District. 6) 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 July 17, 2012. PRESENT: Jay Givens, Chairman, Back Creek District; Gary Oates, Carpenter, Gainesboro District; Eric Lowman, Red Bud District; and F At- Large. ABSENT: Kevin Scott, Vice Chairman, Shawnee District; P Yana ="R. K. District. STAFF PRESENT: Mark R. Cheran, Zoning Bev Dellinger, BZA Secretary. The meeting was called to order by there is a quorum. Chairman Givens On a motion April 17, 2012 meeti responded of at 3 Wall District; Bruce W. Wells, Member- III, Opequon Zoning Inspector,' and he determined by Mr.`IOAtes and seconded by Mr. Carpenter, the minutes for the ::unanimou u sly approved aspresented. cations for the August meeting. Mr. Cheran another variance. Variance Request 40312 of Steven and Katrina Hawes, for a 20 foot right side variance and a 20 foot left side variance, resulting in a 30 foot setback on both sidesjor a single family dwelling. This property is located in Lake St. Clair Subdivision; Lake St. Claire Drive, Lot 16, and is identified with Property Identification Number 31A -1 -16 in the Gainesboro Magisterial District. ACTION — VARINANCE APPROVED Chairman Givens noted that subsequent to this request, the Board has received two additional plats. One plat showed the dwelling with a 40 foot setback rather than a 30 foot setback, and the plat received today changed the setback to 33.6 feet on both sides. Chairman Givens wants to make sure these changes are explained, in the staff report and by the petitioner. Frederick County Board of Zoning Appeals Page 1591 July 17, 2012 Mr. Johnston stated it is his understanding that there was a field error with creating the property lines. The plat showing setbacks of 33.6 feet on each side is the correct plat. Mr. Johnston presented the staff report. The reason for this request is that the property has a width of 130 feet, a depth of 300 feet and is less than one acre in size. The current setback requirements for the RA (Rural Areas) Zoning District eliminates the building area for this property. The property adjoins a lake and Mr. Johnston wants to allay `any concerns about the property and the flood plain. According to the FEMA maps, this property °is shown to be in the flood plain; however, based upon the engineering assessment report for Lake St. Clair Dam dated October 12, 2009, the 100 year Base Flood Elevation is 734.84,The. proposed;_basement will be constructed at an elevation of 765.0, making the dwelling 30'2- fectabove flood elevation. Mr. Johnston continued with the setback hip Covenants created building setbacks at 25 feet on a zoning ordinances, establishing setbacks for A -2 (. feet to the front, and 15 feet to the sides and rear. (Rural Areas) zoning and in 2007 amended- setbacks 60 feet to the front and 50 feet to the sides and rear, The applicant is requesting a 16.4 foot' - -v variance is granted, this would result in a 33.6-1 proposed dwelling. The Code `6NVirginia 195C 1001.02 (C) of the Frederick County ;Zoning Ord unless application can rdeet the following: 1. produce an undue hardship 2,The hardship is not zoning district and vicinity �'3 The author zatic detriment to adjacent.,-Dro e v,% 4. The 6haractc variance. toffy' XIn the Iate.1960s, the Lake St. Claire ,v I stdesi;'In 1967, Frederick County!adopted �grtcultura- L,General) Zoning District at 35 In 1989; ;'�A -`2 zoning was changed to RA for the RA Zoning District were changed to e'- foi-the left and right side, and if the etback�oh., -both sides to accommodate a mended415`2- 2309(2) and Section 165- [ states that no variance shall be granted strict application of the Ordinance will I shared by the properties in the same I uch variance will not be a substantial the district will not be changed by the =Mr .Scott Marsh of Marsh & L"egge�Land Surveyors is representing the applicants. Mr. Marsh venfied that the variance the applicants are seeking is 16.4 feet on both sides. The reasons for the different variations of the proposed dwelling and the variance distance were an effort to get the- be'st,position ofthc dwelling and, because this lot had a boundary line adjustment done in 1967, the1'ot was made more narrow. with that revision, they concluded the best position of the house ;'Mr.- ,,Marsh stated that the applicants, Mr. and Mrs. Hawes, have owned this property for ten years -and it's their intent to build their retirement home on this property. They have retained John Massey, an architect, who has done the layout for this dwelling. The footprint of the house is about 50 feet by 42 feet, roughly 2,300 square feet on one floor with an attached garage. The positioning of the house is based on topography and the lake feature. Mr. Marsh stated that Lake St. Clair is a premier subdivision with a private road in the County. This home will keep with the residential setting, having a lake as a primary feature. The plans that have been put together by Mr. Massey have been reviewed and approved by the Frederick County Board of Zoning Appeals Page 1592 July 17, 2012 Homeowners Association. The HOA doesn't approve the location and that's why they're here today. What they're seeking is relief from the 50 foot side yard setbacks. Mr. Marsh presented members with pictures of the proposed dwelling, positioned so because of topography and the lake view. The positioning of the proposed dwelling is similar to adjacent lots. The proposed attached garage is on an angle, not parallel and perpendicular to the house, due to topography. Mr. Marsh stated the proposed dwelling is in keeping with other dwellings in the community and that they tried to keep the positioning fair; no more impact on one side than the, other side. Chairman Givens opened the public hearing portion of the meeting to anyone who would like to speak either for or against this variance request. Mr. Tom Glass spoke in opposition of the variance request.', He lives,next to the lot in question. Mr. Glass emailed all BZA members stating his opposition, which included a hand - drawn proposal for the dwelling position. Mr. Glass stated' hat he hated to be a bad'neighbor but he has lived there for 32 years, and he believes there is i o'reason why„ the house can't be parallel to the property lines. Mr. Glass realizes that his lot'is larger-than the Hawes' lot, but he doesn't see a hardship because they can build a 50 foot house on their, lot "witli'less right -of -way than 33.6 feet. In his email, Mr. Glass stated that he's not opposedto _a 40 foot setback; he doesn't want to keep someone from building their house. They have enough;room at 50 feet or 75 feet back from the lake to build their house, but thc' have to put their garage in line with the house. Mr. John Schroth spoke in opposition of, Mr. Schroth stated that the Hawes' house is very' to Lake St. Clair. However; he`isiconcerned ab would take his concerns to-, he Board_of Supervis by the Board of Zoning.:Appeals on ekisting he 1960's and 1970's under'th&�origina1,25 foot se couldn't add to their house `vMr_ Schroth thinks house and an existing house The Hawes "plant he wishes the`BZA would make a­- special effort this particular subdivision,,' acid =,this problem. else variance request; he'is a part-time resident. I destgned,and itwill be a beautiful addition Che side setbacks and he wishes this Board There have, in fact, been variances granted skat Lake St. Clair which were built in the s: ^They did have hardships because they tt'.sva huge difference between a brand new iod and the topography is very difficult, but get back to the Board of Supervisors about Givens closed the public hearing at 3:50 p.m. Discussion Mr. Oates statedthathe understands Mr. Glass's comment that if the garage was lined up with the house, the variances wouldn't need to be nearly as large. Chairman Givens commented that the one thing he's seeing on the plat that is a little contrary to what they've done in the past, is the garage. Most times the BZA does not consider a garage in itself a hardship. Chairman Givens does understand what Mr. Glass and Mr. Schroth are saying because when this subdivision was approved, there were no setback requirements other than those outlined in the dedications. But we have to deal with the ordinances the County has in place now. We have to look at this in the sense of what kind of hardship is created and it Frederick County Board of Zoning Appeals Page 1593 July 17, 2012 seems to Chairman Givens that with a slight adjustment of the way the building is laid out, 40 foot setbacks on both sides could certainly be achieved. Chairman Givens continued that he does feel this is a hardship and this is a situation that's shared by other properties in the RA zoning district. Mr. Marsh asked if this could be tabled so that they could look at some other options. This would require a significant change in their house plan. Chairman Givens stated he doesn't have a problem with tablingthd request. Mr. Marsh went on to state there is a precedent set of allowing 25 foot setbacks and 40 feet is a wide setback. „ Mr. Wells informed Mr. Marsh that the Board of Zoning Appeals individually -decides on requests; there is no precedence, each request stands;bn its own merit. Mr. Wells asked if the house is being positioned for view or aesthetics, or is it beuig,positioned to meet as close "as they can to the property requirements of the setbacks. Mr. Wells "feels that from what Mr. Marsh has said, the house is being positioned for the view. If that's the case; repositioning the house so that it would come closer to meeting the setback ,'requirements would certainly be something to take a look at.~ Mr. Marsh pointed out views because :of the °hoses ujhat are' not situated parallel or � perpendicular and topography and view are the,best ways'torpositton the house. Clearly the direction the Board is seekmg`ts ?something different than what has been presented, so they would ask for it to be tabled until theAugust meeting;, Mr. Oates stated'`he� would riot have a problem with this being tabled. Mr. Oates suggested that they contact Mr ,Glass, and- let him yknow what they're coming up with. Mr. Marsh agreed a _ _ c Mr Lowman wanted,to know based on the plan, if the house was oriented with the lot, what is =tlie buildable space that's allowabletwith the current 50 foot setbacks. It seems to him W. they couldn't even fit a 40 foot house on'the lot and if you take up a 24 foot garage, that gives them 16 feet living space it it s, -split foyer on the basement. Mr. Lowmafi: stated his ";opinion is that the hardship is clearly there because the current building envelope is"' notthere. if we're searching to try to get the neighbors happy with the process and get them onboard with a decision of ours as far as what we consider a hardship, tabling is fine, but Mr. Lowman clearly sees a hardship in this request. Whether it's going to be 40 feet or 33.6 feet, or even if they were asking for 15 feet, we'd have some issues. Since the original setback was 25 feet, he doesn't see an issue. Mr. Oates said that down by the lake, it looks like it's probably about 32 feet wide and toward the road, it's close to 50 foot setbacks. Frederick County Board of Zoning Appeals Page 1594 July 17, 2012 Mr. Steve Hawes, the owner, stated that he and his wife have been planning this house for ten years. This is their dream house but it's slowly becoming a nightmare. They want to put a beautiful house in Lake St. Clair. They're restricted because of the size of the lot. This is not going to be a summer home or cabin, they're trying to build their retirement home. If you're going to move to a lake, what's the sole purpose of living on the lake? The neighbors have turned their houses for the same reason — the view of the lake. If Mr. Hawes turns his house the other way, he's looking right over top of Mr. Schroth. As to the garage,issue, the house is designed in that manner because of the connecting space between the house ' turning the garage will destroy the whole flow of the house. He can remove the garage and-put it 15 feet next to the line, but that destroys the purpose of the design. Mr. Hawes doesn't feel "that he's encroaching upon Mr. Glass's land. Mr. Hawes concluded that they're not trying to bc1unreasonable, they're just trying to build a house. Mr. Wells asked Mr. Lowman to make his comments again, he didn't hear all of what Mr. Lowman said. Mr. Lowman stated that whether'dt's,40 feet'or 33.6 feet shouldn't be an issue. The BZA is going to grant a variance or d ny a variance one, way or the other: Mr. Lowman feels that at 33.6 feet, he sees where there's a hardship, :based'on being in the RA and based on the current zoning ordinance. Mr. Wells asked when the 25 foot setback changed. Chairman Givens stated that the 25 feet was never a setback; that was set forth'm the deed of dedication" As Chairman Givens understands it, when the subdivision was approved, there were no setback requirements in the County. That was a restriction in the deed of dedication The "firstsetback requirements were 15 ti;._, feet on the sides, therefore, the County setback requirements were less restrictive than the deed of dedication. Again, itdidn t come a problemfrom the County's perspective until they changed the ordinance to':the 50 footeside setback Mr :.Schroth pointed out very well that maybe this is something the'County,needs to address, but its something the BZA has to determine now. Chairman Givens agrees wrth�Mr. Lowmanithere is a hardship in the sense that you're not going to build a footprint within the 50 ,Mot sikyard som`" thing's got to be done. Whether we agree with it or not;'tlie setbacks are whdCthe County has established. The BZA's job is to grant a variance ,,6 relieve the hardship and2thei.question, with the testimony we've heard today, is the 33.6,16'ot setback a reasonable,�one, or�camit be less. Chairman Givens feels some good points have been raised about the garage. ThisjiWt normally what the BZA would consider a hardship, but the apphcaiis,can make it a; detached garage that's even closer to the property line. Chairman Givens stated %the BZA has to make a decision whether it's best to seek another option or are we ready,t act upon what is before us. Mr. Lowman pointed out that based on the way the garage is oriented, you can tell that the owners and the architect have taken into consideration trying to place the garage in an area where it's not going to have more impact on the setback. Mr. Oates stated he's down to where a 32 foot wide building envelope, roughly, is too restrictive for someone to build a house. The question is, could they get a house in there without this. Frederick County Board of Zoning Appeals Page 1595 July 17, 2012 Chairman Givens stated to go down to a footprint that would fit inside the existing 50 feet does create a hardship in the development for the property. For a structure to be built, there's going to have to be some form of a variance granted. It's a question of how much. Mr. Carpenter asked if the applicant would like for the BZA to proceed with their application or are they going to request that it be tabled. Mr. Oates feels since it seems to be the consensus, and he style of houses in Lake St. Clair, 32 feet would not be enoug hardship, and if the garage was detached, it would be half again,` Oates made a motion to approve the variance request of 16.4 feet o yard variance of 33.6 feet on both sides. Mr. Carpenter secoridec unanimous. Variance Request #06 -12 of 300N, LLC, subiil Surveyors, P.L.C., for a 20 foot right side variance resulting in a 30 foot left side setback on both sides property is located on the right `side „rof cul -de -sac (Route 747), and is identified with' =Property Identil Gainesboro Magisterial District. �' , ACTION — VARIN Mr. Johnston presented the! setbacks, extreme topography and leaves a very small bbildifg area. shows this ppy was on e the adoption of the zomngyc yards Frederick County ai districts to the current RA 11 property 60 feef,401 the front, rees, that with the size and and that would justify the close to�the neighbor. Mr. ,oth sides.resulting in a side .e motion and`'the vote was Marsh & Legge' 'Land 20 foot left side variance, single family house. This end of Woodridge Lane Number 30A -2 -25 in the report. The =reason for this variance is that with current ocation of the,,proposed well and drainfield site, there �ning iii "`1967_ - ,'The Frederick County historical zoning map tAgricultural General) in 1967. The property setback lines at e were 35, feet for the front and 15 feet for the rear and side its °ordinance in 1989 and 2009 to change the A -2 zoning 4reas) °Zoning District, making the current setbacks for the to the rear and 50 feet on both sides. The property was created in 1974 as part of an approved subdivision named Braddock Hills Section 11. There e a total of 13 lots that all average 1.74 acres in size. This lot remains the only one in the sub °division that is currently vacant. Dwellings on adjoining lots, and most other dwellings within the subdivision, were constructed prior to current regulations and would be considered non - conforming with regards to side yard and front yard setbacks. The applicants are requesting a 20 foot variance on the left and right side resulting in a 30 foot setback on both sides in order to construct a single family dwelling. The Code of Virginia 1950 as amended 15.2- 2309(2) and Section 165- 1001.02 (C) of the Frederick County Zoning Ordinance states that no variance shall be granted unless application can meet the following: Frederick County Board of Zoning Appeals Page 1596 July 17, 2012 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. The authorization of such variance will not be a substantial detriment to adjacent property. 4. The character of the district will not be changed by the variance. Mr. Mike Artz of Marsh & Legge Land Surveyors is representing the applicants. Mr. Ariz stated this lot is very steep. The 30% slopes make it difficult to find a,drainfield site, and a well and house site. The drainfield found on the lot conforms to the current- regulations, which is a full size drainfield for a two bedroom Pere on the house, with 100 %reserve. They cannot put the drainfield any closer to the street because of the neighbors' wells o&tlie, adjoining lots. The drainfield site is the critical item; it situates where a house can be placed on the lot. There has to be a minimum separation of 20 feet from the house to the„drainfeld and 'the-current chosen location is right at 20 feet. ¢ 5 Chairman Givens opened the public hearing portion of the meeting to anyone w ho would like to speak either for or against this variance request. ' ' 1 t4 r e = j. Mr. Justin Thomas spoke in opposition to the variance ""request. He and his wife own the neighboring lot at 196 Woodridge. Mr. Thomas stated that, after•ivhat has been presented, he sees how the process works as far as the hardship ,,I- Iowever, he down :t believe the well is to scale where the proposed site is. He has measured�from; the marking'-6 his'well and he's at 61 feet. The rebar is set right at a telephone po116 at the corner of the property. Where they're planning on putting the house is extremely closezto his- house .Mr' Thomas isn't sure if the proposed drainfield has been approved yet. He is�'concerned aboutthe financial detriment to the neighboring properties because no House in Braddock Hills Estates is smaller than a three bedroom house.ais�� Chairman Givens m. 7 Mrl.Jacob O'Neill a granted consent to Mr. O'N Mr. O'N wonders if that's Mr. Charles Moyer that the lot is at 4;125 pm. if he cbuldre- iterate what Mr. Thomas said. Chairman Givens ter confeTrine with the Board members. the :building plan shows the house very close to his house and he dimensions of the house. spoke against the variance. He lives on Lot 21. It seems to Mr. unbuildable because it is extremely steep. Chairman Givens again closed the public hearing at 4:28 p.m. Chairman Givens responded to Mr. O'Neill. The Board doesn't have the actual plans for the building, but if this variance is approved, Chairman Givens assured Mr. O'Neill that the 30 foot setback would be enforced. Frederick County Board of Zoning Appeals Page 1597 July 17, 2012 Chairman Givens agrees with Mr. Moyer that the lot is a very steep one and there is going to be a lot of difficult construction. As far as the septic approval, if the Health Department approved it, it is there and available. If it's limited to a two bedroom house, that is what will have to be built. There are no conditional septic permits in Frederick County any longer. Chairman Givens continued that building the house close to the road does put it in character with the way the other houses are built. And some of the other houses are close to the sideline, probably within 15 feet because they were probably built before the ordinancewas changed. Mr. Wells commented that at some point, the buyer should become aware he's buying a piece of land that restricts the size of his house. Both variance requests`toda_y were of that nature and as a member of the BZA. that bothers Mr. Wells. Mr. Oates asked Mr. Artz if the drainfield is proposed ' or if it's approved -,,what's the status. Mr. Ariz responded that Bruce Legge, their approved on -site soil evaluator ,`has' identified this drain field site as a two bedroom septic site. It's ,going .,to be taken to the Health Department. Chairman Givens said that the question before the Board is;`,should a variance be granted to allow the construction of this house. If the variance is granted, any other approvals such as building permit issuance and septic system - approval. will be' approved by separate County regulations. Mr. Lowman made a motion that Variarice 40- 12 be approved with a 20 foot variance on both the left and right side, resulting in a 30 foot-,-- setback on .,both sides. Mr. Carpenter seconded the motion and the vofewas unanimous for' aonroval. .. was Chairman Givens infor"iiec Other the variance they approved on Frog's Hollow Road e'Board of Zoning Appeals decision. adjourned at 4:35 p.m. Respectfully submitted, James Givens, Chairman Bev Dellinger, Secretary Frederick County Board of Zoning Appeals Page 1598 July 17, 2012 VARIANCE APPLICATION #04 -12 BURNT FACTORY UNITED METHODIST CHURCH Staff Report for the Board of Zoning Appeals Prepared: July 30, 2012 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 21, 2012 — Pending LOCATION: 1943 Jordan Springs Road (Route 664). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 56 -A -8 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) Land Use: Church and Cemetery ADJOINING PROPERTY ZONING & USE: North: Rural Areas (RA) Use: Residential South: Rural Areas (RA) Use: Residential East: Rural Areas (RA) Use: Residential West: Rural Areas (RA) Use: Residential VARIANCE REQUESTED: The applicant is requesting a 52 foot front yard variance resulting in an 8 foot front yard setback, and a 75 foot right side variance resulting in a 25 foot right side setback, for a church addition. REASON FOR VARIANCE: The Church cannot expand their building because to the north, there is an existing cemetery, to the cast the existing side yard is already less than the required 100 foot building restriction line and an existing well is located there, and to the west there is an existing fellowship hall building, parking lot and existing septic system. Variance Application 404 -12 — Burnt Factory United Methodist Church July 30, 2012 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 front and 15 feet for the side yards. Frederick County amended its Ordinance in 1989 and 2009 to change the A -2 zoning districts to the current RA (Rural Areas) Zoning District, making the current setbacks for the property 60 feet to the front, 100 feet to the right and 50 feet to the rear and left side. Based on the Commissioner of Revenue records this church was built in 1926, predating any zoning laws or regulations, therefore, this building would be considered non - conforming to the current RA (Rural Areas) setbacks. The Church currently encroaches upon the minimum 60 foot front setback and the minimum 100 foot right side setback. This variance request is to allow an expansion of the Fellowship Hall and Sanctuary. The proposed addition would be constructed in front of the existing church and would remain Flush with existing walls of the Church on the left and right sides. The closest distance to which the addition is being proposed would be approximately eight (8) feet to the front property line and a distance of approximately twenty -five (25) feet from the right property line. The reasoning behind the location of the proposed addition is due to the existing cemetery to the north, the existing parking lot and septic to the west, and the existing well and location of existing wall of Church to the east. The Health ,Department had concerns that the current drainfield would not accommodate the expansion of the Fellowship Hall and Sanctuary. Based on the percentage of people and potential water usage, the property owner would be responsible for upgrading the current drainfield to the Health Department's regulations and satisfaction. This variance, if granted would result in an 8 foot building restriction line for the front, and a 25 foot building restriction line for the right side. STAFF CONCLUSIONS FOR THE AUGUST 21, 2012 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. t Applications Parcels Building Footprints B1 (Business, Neighborhood District) S2 (Business, General Distrlst) 153 (Business, Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) ® M1 (Industrial, Light District) M2 ( Industrial, General District) MHt (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 ( Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) VAR �412`:. _J VAR #04 -12 Burnt Factory UMC PINS: 56 -A -3 Front and Side Yard Variance 0 75 150 k'V Note: Frederick County Dept of Planning 8. Development 107 N Kent t St Suite 202 Winchester, VA 22607 s 540 -665 -5651 Map Created: June 14, 2012 Staff: djohnston 300 Feet APPLICATION FOR VARIANCE FREDERICK COUNTY, VIRGINIA s OFFICE USE ONLY'- r - a a'' J' 4 . r ✓� .. ),. F . s .yx.. n y �+ ti� e .. -`a4e .. t Variance Apphcahon # 2 `' ° " Submittal Deadline Submittal bate=', t !.' !.' For the BZAMeering;of Fee Amount Paid, -00 Initials:" Y - QO n� Sign Deposit Pat d SCS MUST BE TYPED OR FILLED OUT IN INK — PLEASE PRINT 1. The applicant is the owner I y l other _a. (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: Trustees of Burnt Factory NAME: United Methodist Church ADDRESS: 1943 Jordan Springs Rd Stephenson, VA 22656 TELEPHONE: (540) 667 -4993 3. The property is located at (give exact OCCUPANT: (if different) Trustees of Burnt Factory NAME: United Methodist Church ADDRESS: 1943 Jordan Springs Rd Stephenson, VA 22656 TELEPHONE: (540) 667 -4993 directions and include State Route Numbers): From VA Route 7 East, turn left onto Woods Mill Rd ! State Route 660, turn right onto Pine Rd / State Route 661, continue onto Burnt Factory Rd / State Route 659, then turn slight left onto Jordan Springs Rd / State Route 664, the Church is on the 4. The property has a road frontage of 190' feet and a depth of 194' feet and consists of 1.13 acres (please be exact). 5. The property is owned by Trustees of Burnt Factory United Methodist Church as evidenced by deed from Anna V. Hott, Widow recorded (previous owner) in deed book no. 327 on page 369 or instrument number N/A of the deed books of the Clerk 7 6. 7. 8. 9. 10 E of the Court for Frederick County. Please attach a copy of the recorded deed. Magisterial District: Stonewall Property Identification Number (P.I.N.): 56 -A -8 The existing zoning of the property is: RA The existing use of the property is: Church 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. ") A front yard variance from 60' to 8.90' and a side yard variance from 100' to 25.97' for a proposed church addition to the sanctuary and fellowship hall 12. List specific reason(s) why the variance is being sought in terms of, such as: 0- 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 church needs to be expanded and cannot go to the north due to an existing cemetery, to the east due to the existing side yard which is already less than the required 100' and the existing well, or to the west due to the existing fellowship hall building and parking lot and the existing septic system. 3 USE North Single Family Residential East Single Family Residential South Single Family Residential West Single Family Residential 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. ") A front yard variance from 60' to 8.90' and a side yard variance from 100' to 25.97' for a proposed church addition to the sanctuary and fellowship hall 12. List specific reason(s) why the variance is being sought in terms of, such as: 0- 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 church needs to be expanded and cannot go to the north due to an existing cemetery, to the east due to the existing side yard which is already less than the required 100' and the existing well, or to the west due to the existing fellowship hall building and parking lot and the existing septic system. 3 13. Additional comments, if any: This was discussed on numerous occasions over the course of several years with Frederick County employees and had been verbally agreed upon at an earlier date. We are processing this variance to get in writing the verbal approval that was obtained by the County years ago, but never processed. 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 and Property Identification Number Address NameSmith, Agnes F and Kim 1981 Jordan Springs Rd Stephenson VA, 22656 Property # 56-A-6G NameJohnson, Lillian 566 Burnt Factory Rd Stephenson VA, 22656 Property # 56-A-9 Name McGinnis, Carol Sue 1934 Jordan Springs Rd Stephenson VA, 22656 Property#56 -A -7C Name Elkins, William B and Donna B 1897 Jordan Springs Rd Stephenson VA, 22656 Property#56 -A -6D Name Property # Name Property # Name Property # Name Property # M 0 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. 10 56 -A -TC INIS, CAROL SUE 'ONING RA EX, HOUSE I L J IS, I AI L I I \ EX SHED /A 5UR4T RQCTORY ROUTE 'I I i I III I I I i I ill ui —II VISITOR auRCH'I SIGN° 4993' J GRAVEL \ \ I _ 1\ 56-'-9 A JOHNSON, LILLIAN \ �� ZONING. RA \ — — E- -T —F —� I I I 17 � cl /2n BURNT FACTORY UNITED METHODIST CHURCH I /ONWG RA I I1(7 ASPHALT 1 v TO SEPTIC BURNT FACTORY UNITED 11 �)(0 TANK METHODIST CHURCH c _ —HC \ ZONING RA 1 IIEx E.P_ EX. 100' SIDE ) "ARID P� CEMETERY sroRY v JJJ u BRICK �FURCH 526 28 EX. eLD L -J "1O 56 -A -6G - -m Uu PICKET SMITH, AGNES F a KIM RAIL 30 0 30 FENCE ?ONING: RA FENCE GRAPHIC SCALE (IN FEET) �1 1 N W j Lu 2C a S W kk e d 4 CROSS 2C GROUND 0 LIGHTS h LAM Cow x. ai a 2 C) U H F z w a0 o° Z�>x o:2 z Zj O U z?i 4 N0C W m Wz ILL U ➢nre ➢ms/zs /z➢Iz state 1 " =30' '�� ' ➢E91GN® BY ➢FY IEX. GARAGE I °e xo ovez 1 s16Cr 1 °e z 0 0 AGREEMENT VARIANCE # t)4-/Z (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, t the best of my knowledge, true. SIGNATURE OF APPLICANT DATE A ,ce_ 7 c,26 Z SIGNATURE OF OWNER DATE (if other than applicant) OFFICE USE ONLY BZA P,UBLIC`HEARTNG OF �./� %'° ACTION 'DATE= J f d i3 APPROVAL `* DENIAL w A rt d 1 l 1� SIGNED BZA CHAIRMAN DATE A 0 BURNT FACTORY UNITED METHODIST CHURCH BUILDING EXPANSION APPLICATION FOR VARIANCE The purpose of this document is to show detailed justifications for Burnt Factory United Methodist Church ( BFUMC) in asking for a variance of the front and side yard setbacks required in the Frederick County, VA Zoning Ordinance. BFUMC would like to expand the sanctuary and fellowship hall of the church, due to an overwhelming increase in regular attendance of regular worship, Sunday school, and special events. The need is to increase the building SF of the sanctuary, fellowship hall, and the basement areas underneath these areas that are currently used for classrooms, offices, storage, bathrooms, and a nursery. The following report will illustrate the specific reasons that expanding the church in any other direction expect towards the existing road would not be feasible. 0 0 East of the Existing Church This area is made up of the existing parking lot and cemetery. The cemetery cannot be moved and any building expansion in the existing parking lot would encroach on parking that is currently necessary for the church uses. Photo #1 Existing Cemetery 0 • North of the Existing Church This area is made up of the existing parking lot and septic system. Expanding in this direction would require moving the septic system, which would incur great costs to the church. Also, expanding into the parking lot would encroach on parking that is necessary for the church uses. Also, this expansion would not allow the church to add on to the Sanctuary, which is necessary for any expansion. Photo #3 Existing Septic System Photo #4 Existing North Parking Lot 0 0 South of the Existine Church This area is made up of the existing well, and the existing sanctuary is approximately 26' from the property line. Expanding in this direction would require moving the well and drilling a new one, which would incur great costs to the church. Also, expanding the sanctuary in this direction would require a waiver also, and would not gain the church the needed SF of sanctuary space. Photo #5 Existing Well Photo #6 Existing South Property Line 0 West of the Existing Church This area is where the church would like to expand. Currently this area is made up of the existing stairs and walkways from the church building, an existing overhead electric line, and the church sign. The existing sanctuary is 44' from the property line along existing Jordan Springs Road Route 664. The existing fellowship hall is 55' from this property line. Expanding in this direction will not negatively impact any adjacent owners or have an adverse impact on the church site. Photo #7 Front of the Church Photo #8 Front Yard of the Church 56 -A -1C 1NI5, CAROL SUE TONING RA EX. HOUSE I l_ —� I / EX, SHED L �I. �IP I I w I I I, II I I I 5UFNT FACTORY RD•- v i g ROUTE 65s- GRAVEL \ 1 i'xSSP'ki�3 I 1 14.43' 56 -A -9 � JOlN50N, LILLIAN� ZONINGS RA A m \ am N o ®SEPTIC x(b TANK 5TORY PICKET FENCE p 12 27,1 56 -A bC � 11 BURNT FACTORY t1I METHODI5T CHURCH I ZONIN6, RA ASPHALT 56 -A -6 BURNT FA=rY UNITED METHOD15T CHURCH —H� ZDINGi RA II _EX FP _ EX. Imo' 61DE T ARD Z Z- 1, � � CF_METERI" IEr BLD ®LL 56 -A -6G SMITH, AGIJE5 F a KIM ZoNING RA WOOD RAIL FENCE 1 11 1 1 1 30 0 30 GRAPHIC SCALE (IN FEET) GRO'JNFi �. LIGHTS EX. GARAGE ti C!' Z Lu N W y °aea Z v Lu Y W W C WLZ U ¢ U E�Z cn a E-) w cC O. A> U) =F. o H0 w� �x oz x�a Luc w EL m w EL ¢ x Q O o w Q LL- Q m BATE 05 W2012 scw,.e. 1 -30' B®IGB® BY BEY I.. NU. UUB2 SHEET 2 OF z VARIANCE APPLICATION 905 -12 WRIGHT RENOVATIONS, INC. Staff Report for the Board of Zoning Appeals Prepared: July 30, 2012 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 21; 2012 — Pending LOCATION: East Side of Welltown Road (Route 611) approximately 0.25 miles south of the intersection with Rest Church Road (Route 669). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 33 -A -1313 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Use: Orchard South: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Residential VARIANCE REQUESTED: The applicant is requesting a 73 foot right side variance, resulting in a 27 foot right side setback, and a 35 foot left side variance, resulting in a 65 foot left side setback, for a single family house to be built on an existing foundation (please see attached letter signed by Timothy Painter, P.E.). REASON FOR VARIANCE: No primary structure can be constructed due to overlapping 100 foot building restriction lines. Variance Application #05 -12 — Wright Renovations, Inc. July 30, 2012 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 front and 15 feet for the side yards. Frederick County amended its Ordinance in 1989 and 2009 to change the A -2 zoning district to the current RA (Rural Areas) Zoning District, making the current setbacks for the property 60 feet to the front, 50 feet to the rear; and 50 feet to both sides. Based on the Gainesboro Fire Department records, the previous dwelling was destroyed by fire on Sunday, January'), 2010. The Ordinance allows reconstruction of non- conforming use within one year; but because non- conforming use was not re- established within that year, Section] 65 -901.02 of the Zoning Ordinance deems this use discontinued. Therefore, construction of the dwelling has to meet today's regulations with regards to minimum setbacks in the RA (Rural Areas) zoning district. If the dwelling cannot meet today's setback regulations. the property owner may apply for a variance to reduce setback regulations. On July 19, 2012, The Health Department provided documentation that the existing sewage disposal system appears to be functioning and, after minor repairs (replace conveyance line and distribution box) at the time of their inspection, they have no objection for a building permit for a three bedroom dwelling on the property. The applicant is requesting a 73 foot right side variance, resulting in a 27 foot right side setback, and a 35 foot left side variance, resulting in a 65 foot left side setback, for a 54'x28' or 1,512 square foot single family house with a 34'x24' attached garage. It is worth noting that the original dwelling did not have an attached garage as part of the existing foundation and, according to the Commissioner of Revenue files, the house was 1,463 square feet; a difference of 49 square feet. STAFF CONCLUSIONS FOR THE AUGUST 21, 2012 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. • • • mi tincusmai, ugncuismcq - M2 (Industrial, General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rum] Area District) RP (Residential Performance District) Y � �S J, VAR #05 -12 Wright Renovations Inc PINS: 33 -A -13B Left and Right Side Yard Variance Note: Frederick County Dept of Planning Developments 107 N Kent St Suite 202 Winchester, VA 22601 540 - 665 - 5651 Map Created: June 27, 2012 Staff: djohnston 0 75 150 300 Feet PAINTER- LEWIS, P.L,C, CONSULTING ENGINEERS Tel.: (540) 662 -5792 817 Cedar Creek Grade, Suite 210 Fax.: (540) 662 -5793 Winchester, Virginia 22601 June 12.2012 Mr. John Trenary; Building Official Frederick County inspections Department 107 North Kent Street Winchester_ Virginia 22601 Re: Existing Foundation 2660 `<4-elltown Pike Clear Brook. Virginia Dcar Sir: Pursuant to the request of Mr. Wayne Wright, of Wright Services, Inc.; this letter shall address the condition of the existing foundation wall system of this house that was subjected to fire damage at the above - referenced address. This report has been based on the site visit and general visual inspection of' the existing foundation wall system. as performed by this office on Wednesday, May 9, 2012. As stated above, this residential structure was subject to a recent fire that resulted in the complete demolition of the superstructure of this residence. At the time of this inspection, the only remaining portion of this structure was the basement foundation wall system; concrete slah -on -grade floor system, and the footing system (assumed). Geucrally, the foundation wall System is rectangular ill geotnetrV and consists of a 12" non - reinforced concrete masonry unit (0,41J) wall section that is approximately eight feet (8') in height The unbalanced earth backfiil ranges in height to an approximate maximum height of seven feet (7'). A portion of the foundation wall system has some loose or missing CMU block courses and the rear wall has deflected (bowed) inward due the unbalanced backfill height. Additionally, there is no first floor diaphragm to support (pin) the top of the wall because of the fire damage which is contributing to the movement in the rear wall. The wall does not appear to have suffered any measurable damage due to the fire; and appears to be adequate to serve as the foundation stistem for the residence to be reconstructed on this site. There are some issues that must be addressed prior to the reconstruction of the Piret all Innco nr mic5iro CM11 hlock cm irscs must be reolaced and Mr. John TrQnary, Building Official June 12, 2012 Frederick County Inspections Department 2660 Welltown Pike, Clear Brook, VA. grouted solid to ensure that the bond strength between the existing and proposed masonry units is maintained and secure. Secondly, the section of wall that has deflected (howed) inward must he corrected_ The backfilt material must be removed, along this section of the wall to the foundation drainage system (assumed), to relieve the lateral earth pressure on the wall. This should potentially allow the wall to rebound to its original alignment. Then this portion of wall must be grouted solid to ensure that the bonding of the masonry components and the general snucturat integrity OF the wall system is maintained for reuse. Finally, the allowable maximum height of unbalanced fill is siz feet (G) for a 12' C \4U wall section that is eight feet in height under these in situ soil conditions. The current fill height is seven feet (T) so the walls must be Hilly grouted to adequately support the unbalanced fill height. This grouting will ensure that there is adequate bond so-cngth of the CMU units and that the structural integrity of this foundation wall system will be maintained. r If these corrective measures are performed properly, this concrete masonry unit iinnulation wall system will have adequate capacity to support the superstructure of this residence. After completion and curing of the groutr the proposed reconstruction of this residence may commence pending inspection and approval of the building department. Thank you for your attention to this matter. If you would hate any questions or �aould require furiher assistance please do not ljesitate to contact me. ��LTii p f, L TIMOTHY G. PAINTER] Lic. No, 018260; 11 r �� L �sSrON,4L �"C5 c: Mr. F. Wayne Wright. President Wright Services, Inc. 124 Page Court White Post. Virginia 22663 Sincerely, 56J/ G. Painter. 1'. E 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 _X_. (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: NAME:—Mike Artz C/O Marsh & Legge ADDRESS-560 North Loudoun St._ Winchester. VA 22601 TELEPHONE:-540-667-0468 OCCUPANT: (if different) NAME: _Wright Renovations, Inc. ADDRESS:-124 Page Court White Post, VA 22663 TELEPHONE:-540-539-4393 3. The property is located at (give exact directions and include State Route numbers): East side of Welltown Road (Va. Rte. 611) approximately 0.9 miles North of the intersection with Cedar Hill Road 4. The property has a road frontage of _240.6_feet and a depth of _353.09—feet and consists of 1.0009acres (please be exact). 11 5. The property is owned by _Wright Renovations, Inc. as evidenced by deed from Shannon K. Ritter & Sue Ann Ritter recorded (previous owner) in Instrument #120004290, recorded in the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: Stonewall District 7. Property Identification No.:—TM #33 -A -13B 8. The existing zoning of the property is: RA 9. The existing use of the property is:vacant 10. Adjoining Property: USE ZONING North —Residential RA East Residential RA South Residential RA West Orchard 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. ") A 73' Right Side yard variance for a proposed 2 car garage; a 69' Right Side yard Variance 2j )'K i for an existing foundation; a35' Left Side yard Variance for an existing foundation; a3�L Left Side yard Variance for a proposed 2 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 Subject property was created as a Family Variance lot in 1982 as described in DB 551 Pg 619. Existing foundation is the remains of a dwelling constructed in 1931 that recently was destroyed by fire and is considered a discontinued use per Section 165- 901.02 of the Frederick County Zoning Ordinance. Adjoining properties are used for residential purposes and the immediately adjacent areas are completely wooded. No primary structure can be constructed on 7 subject property due to overlapping 100' side building restriction lines. 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 DK Russell & Sons Inc. Address 1537 Welltown Road Clearbrook, VA 22624 Property ID # TM #32 -7 -A Alta Chrisman Estate Address 596 Rest Church Road Winchester, VA 22603 Property ID # TM #33 -A -12 Gary S. Ritter Address 2636 Welltown Road Winchester, VA 22603 Property ID # TM #33 -A -13 Address Property ID # Address Property ID # Address Property ID # Address Property ID 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. W Reber Set A= 102.61' R= 345.00' D= 17'02'30" C= 102.24' CB =N 4336'01" E O� Point Sao r/ .ham r 2�0 / �o Gary S. Ritter DB 259 Pq 358 & Will Inst. #060000181 6.33 Ac. Reber Notes: Set 1. Boundary shown hereon was determined by a field run survey performed under my supervision on June 20, 2012. 2. This plat Is subject to easements end restrictions of record. 3. No title report furnished. 4. No primary structure can be constructed on this parcel due to overlapping 100' side building restriction lines. TM #33 -A -12 Alto G. Chrisman Estate DB 497 Pq 893 15.73 Ac. N 650 � 0 Proposed Attached t"'= Garage 1r^ S 0 `m n 0 1.0009 Ac. �s f Proposea Lord Development Plan 1.0009 Acre Parcel Wright Renovations, Inc. TM #33 —A -73B lnst. x/'120004290 Stonewall District, Frederick County, Virginia DATE 0612012012 I SCALE I"= 50" 1 SHEET 1 OF 1 O560 Marsh & Legge Land Surveyors, P.L.C. NORTH LOUDOUN STREET VIRGINIA 601 PHONE (540) 667 -0468 - FAX (540) 557 -0469 - EMAIL office@oarshandlegge.com _IH OF k v4ICHAEL M. ARTZ Lic. No. 1513 —B °va.�NO SURF' 0 DRAWN BY MMA 1D9115, dwg AGREEMENT VARIANCE # CS- -/Z (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 hearine 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 -- I IvK- P� / (4, DATE 2� SIGNATURE OF OWNER a (if other than pplicant) - OFFICE USE ONLY- BZA PUBLIC HEARING OF 0 / ] / �2- ACTION: `1- ATE- APPROVAL DENIAL DATE: SIGNED: 10 DATE L 2 ° 12 BZA CHAIRMAN From :MARid I AN[ I I LEGf • 15406670469 06/22/2012 12:02 #020 P.002/002 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: Department of Planning d,: Development, Ceanty of F)redericke Virginia 107 North Kent Street, Winchester, Virginla 22601 Phone (540) 665 -5651 Facsimile, (540) 665-6395 Know All M m By These Presents: That I (We) ems Llnd,Ndght':cr Wright Renovallons, Inc. (Phone) sau•eaaasas (Address) 12 Pepe :;curt, WhA. Pw6 VA 2888 the owner(s) of all those tracts or parcels of land ( 'Property') conveyed to me (us), by deed regarded in the Clerk's Offn a of the Circuit Court of the County of Frederick, Virginia, by Instrument 1, ,, 14(1004290 on Page and is described as Parcel;_ Lot: Block: section: Subdivision: 2aen weiihw Ream do hereby m; ke, c.:nrstitute and appoint; (Name) Mlchs 4M.Ar1s (Phone) 940.9874488 (Address) r>e Nenh! nudaun 9treat Wlncheeler Us 22901 To act as in: true end lawful attorney -m -fact for and in my (our) name, place and stead with full power and authority I ( ve) would have if acting personally to file planning applications for my (out) above described Property, ins udinfi; ,,,Q_Rezonin6 (including proffers) � Condltl0nal Use Permit Master Development Plan (Preliminary and Final) Subdivision Site Plan _Variance or Appeal My attorney n -far: shall have the authority to offer proffered conditions and to make amendments to previously approved pis farad. eanditions except as follows: This authariz "t ion expire one year frc In witness thr �of, :[ ( hpT heersttoo met �n 3lgaature(s) • �' �a-� -'��- YL w+�t State of Virgi Zia, CittylCOUnty of I, M ( C i t— Pt certify that t to pctaon(s) who signed to acknowledge the Dame ba£ore me m th js _ t C'� &- k Notary'. 'ublk it is signed, or until it's othezwlso scinded or modified, rid and seal tWs,2 A day of U '20 J a, , a and for the jurisdiction aforesaid, wally appeared before me and has ay of eflrne Expires: LORD FMRFAX HEALTH DISTRICT Lord Fairfax Health District Frederick / Winchester Environmental Health 107 North Kent Street - Suite It 201 Winchester, Virginia 22601 Tel. (540) 722 -3480 - Fax (540) 722 -3479 www.vdh.virginia.gov To'. Frederick County Building and Inspections From: Kevin D. Yost, Frederick - Winchester Health Department Date: July 19, 2012 V VIRGINIA DEPARTMENT HOF HEALTH Protecting You and Your Environment Subject: Existing sewage disposal system; Tax Map # 33- A -13B, 2660 Welltown Rd. The health department has no objection to a building permit for a three bedroom dwelling on the subject property. The existing sewage disposal system appears to be functioning , after minor repairs ( replaced conveyance line and distribution box), at the time of inspection. No guarantee is given or implied that this sewage disposal system will continue to function properly in the future. Repairs will be required if the system malfunctions. Such repairs may require the installation of an alternative sewage disposal system or a pump and haul system. This memorandum is released only to provide information to the Frederick County Building Department and is not to be used as information for a real estate transfer. z - -- Kevin D. Yost Environmental Health Specialist Senior l JUL 2 0 2012 FREOEniCi( COUNTY I L PIAN'9!NS e< DP1ftC MENT VARIANCE APPLICATION #07 -12 J. H. YOST, HI Staff Report for the Board of Zoning Appeals Prepared: August 6, 2012 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 21, 2012 — Pending LOCATION: Enon Springs Subdivision (Route 608) on Aster Trail, Lot 13. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 69A- 1 -30 -13 PROPERTY ZONING & USE: Zoned: RA Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Residential East: RA (Rural Areas Use: Residential West: RA (Rural Areas) Use: Residential VARIANCE REQUESTED: The applicant is requesting a 26 foot right side variance, and a 26 foot left side variance, resulting in a 24 foot setback on both sides, for a single family house. REASON FOR VARIANCE: With current setbacks, and how narrow the property is, there is no buildable area to construct a dwelling. Variance #07 -12 — J. H. Yost, III August 6, 2012 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 front and 15 feet for the side yards. Frederick County amended its Ordinance in 1989 and 2009 to change the A -2 zoning districts to the current RA (Rural Areas) Zoning District, making the current setbacks for the property 60 feet to the front, 60 feet to the rear, 50 feet to the right, and 50 feet to the left. Based on the small size of this property and the large setbacks associated with the RA zoning district, the applicant is requesting a 26 foot right side yard and a 26 foot left side yard variance. The applicant feels it is appropriate to meet the front and rear setbacks, which are 60 feet for the front and 50 feet in the rear. Based on the plat provided by Michael Ariz, the dwelling is 52'x30' in size and will be constructed over the rear building restriction line. Upon issuance of the building permit, staff will require setback surveys for insurance that the dwelling will not be constructed any closer to approved setbacks and will not be built over the building restriction line in the rear. The applicant is seeking this variance in order to construct a single- family dwelling. Therefore, this application for a variance must meet the requirements as set forth by "fhe Code of Virginia 1950 as amended 15.2- 2309(2), and Section 165- 1001.02 (C) of the Frederick County Zoning Ordinance. This variance, if granted, would result in a 24 foot right and left side yard setback. STAFF CONCLUSIONS FOR THE AUGUST 21, 2012 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. OApplications O Parcels Building Footprints B1 (Business, Neighborhood District) B2 (Business, General Dislrist) 83 (Business, Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) Mill (Industrial, Light District) M2 ( Industrial, General District) MHi (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) RS (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) M VAR #07 -12 J. H. Yost PINS: 69A- 130 -13 Side Yard Variances 37.5 I a- WA1,,v ENSN6E GR O P0.0ENS 11 le g PRO pllf Note. Frederick County Dept of Planning Developments 107 N Kent St Suite 202 Winchester, VA 22601 540 - 665 - 5651 Map Created: July 23, 2012 Staff: djohnston 75 150 Feel • i APPLICATION FOR VARIANCE FREDERICK COUNTY, VIRGINIA OFFICE USE' ONLY - Variance Application # © —�� Submittal Deadline % U Submittal Date For the BZA Meeting of� Fee Amount Paid Ott _ Initials: Receipt # M 16 -1" Sign Deposit Paid MUST BE TYPED OR FILLED OUT IN INK — PLEASE PRINT 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: NAME: Gcsf a Pay) ADDRESS: %d Lee. S/ / TELEPHONE: different) -- NAME: &7i Sts% ADDRESS: �Z �' Ir. {cl�.n✓t �� TELEPHONE: G �/ y — 0q C? y 3. The property is located at (give exact directions and include State Route Numbers): L o`- J, l 3 , /�r Ae T: , ;�n f)'l Sp t,' ,I 1 s -<'Ic 1 dl 'V, a'1 Gar- I '/-Ae 1, v t--�A c> is J'Ltf�— , S- �� le"- , 1 t3L' cv- 4 dS' 0-7elSecAo Pl 4. The property has a road frontage of b 6 feet and a depth of 200 feet and consists of . jacres (please be exact). 5. The property is owned by shj< �� �t as evidenced by deed from recorde (previous owner) in deed book no. on page rel E or instrument number 6(,e Do 0 I � � � of the deed of the Court for Frederick County. Please attach a cop, of the cer orded deed. Magisterial District: 3adL C���" Property Identification Number (P.I.N.): The existing zoning of the property is: 9. The existing use of the property is: 10. Adjoining Property: books of the Clerk / / 2b. N/: 6914;- / -3Q -13 USE ZONING North .h ' 6c r' (Vnce, f/ East .t/ Aco« South 6e West Al ` ✓ �d"%) 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'ne' q 4 J V4r�.�nce— or 1 �t 12. List specific reason(s) why the variance is being sought in terms of, such as: Do- Exceptional narrowness, shallowness, size or shape of property, or ► Exceptional topographic conditions or other extraordinary situation or condition of property, or D The use or development of property immediately adjacent thereto -6 L, i,1 .(,;,6/ -e-- 3 Of lit w 4%4 -6 L, i,1 .(,;,6/ -e-- 3 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 and Property Identification Number Address Name "Acl AI, /641 sT1A2�1 %i4N/YET22(o5f/j4 Property# a 3%l-� /- /A- Name L' ✓!Q!P /r I .7 C A . 5/f%/ 4 1�Cl . 7AX %wn/fi�`Ji2Z(.5 Property# _ E Nam JJVf 15 J9 0 A(14-'7q qy 77/3 !AS �✓ Akeo*Q5/ 2bldl Property # m .- Name & l G bin �(;—D / 2 slo!'r�oj S //tsr Property # Name Property # Name Property # Name Property # Name Property # W 15 0 0 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. 10 Pf�s i 0 0 NOTE: THIS LOT HAS NO BUILDING SITE DUE TO 50' SIDE SETBACKS PLAT 4, SECTION 30 LOT 34 o PPOPOSED WELL LOT 13 19,991 sq. ft. oo° v� �w zz LOT 35 E 100A� Tiur. 50' 8R� PROPOSED °p DWELLING � 520 I Z A LOT 14 A I / I I ILF�YISTING 60' 8ftl J PROPOSED DRNNFlELE 5 ASTERRRAIL PROPOSED VARIANCE PLAT for LOT 13 PLAT 2, SECTION 30 ENON SPRINGS, SHAWNEE -LAND BACK CREEK DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: V = 40' DATE: JULY 13, 2012 PRESENT OWNER: OLD VIRGINIA LAND, L.L.C. TM #69A- 1 -30 -13 INST# 060001149 PROJECT #21691 N ICJ 0 o m m O � A � 1� m I( A 69 -A -1 SKYRIDGE, L.L.C. #050017639 E,,,I HOf ICHAEL M. ARTS No. 1951 woe I Nt SUR�F'�� r NOTES: 1. BOUNDARY SHOWN HEREON WAS DETERMINED BY A HELD RUN SURVEY PERFORMED BY ART2 & ASSOCIATES ON JUNE 8, 2006, 2. THIS PLAT IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 3. NO TITLE REPORT FURNISHED. 4. CONTOUR INTERVAL IS 2 FEET. ELEVATIONS ARE ASSUMED 5. MEEOSGEOALL WELL HEALTH DEPARTMENT PREGULADON DURING CONTRACTOR RESPONSIBLE FOR INSTALLATION. 5. ALL PROPERTIES ZONED R5. USES ARE RESIDENTIAL PLAT 4, SECTION 30 LOT 34 LOT 35 SHEET 1 OF 1 34. E 1UU�� REBAR FOUND BOUNDARY SURVEY & DRAINFIELD LOCATION SURVEY of LT 13 PLAT 2, SECTION 30 ENON SPRINGS, SHAWNEE -LAND BACK CREEK DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: III = 40' DATE: JULY 4, 2006 PRESENT OWNER: OLD VIRGINIA LAND, L.L.C. TM #69A- 1 -30 -13 INST# 060001149 PROJECT #21691 _ 69 -A -1 5 #05001Y639 REBAR FOUND CHAEL M. ARTZ r No. 1951 7�Yt� SUR{ VF' Artz and Associates, PLC A 5 6 id' y of Valley En loeering PLC Um SlIMf11NG WN PUNNING OEVaUP RI 16 Pmt Po wd&, Sbcet 'MNCIIES A. VA 22601 -040 Rl 540 -667-3213 F. 540 -667 -9188 TOLL FREE 1-800455 -7320 FOUL PROPOSED WEU 25 9j, � I1 I LOT 13 lo' 19,991 o IP sq. ft. z ml I_ o � AI N m N I I 1 LOT 14 N r` L3 l 1 t 1 z 1 1 m L5i PROPOSED DRAINRELD u REBAR FOUND W S g0•33'29" pSTER�AIL BOUNDARY SURVEY & DRAINFIELD LOCATION SURVEY of LT 13 PLAT 2, SECTION 30 ENON SPRINGS, SHAWNEE -LAND BACK CREEK DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: III = 40' DATE: JULY 4, 2006 PRESENT OWNER: OLD VIRGINIA LAND, L.L.C. TM #69A- 1 -30 -13 INST# 060001149 PROJECT #21691 _ 69 -A -1 5 #05001Y639 REBAR FOUND CHAEL M. ARTZ r No. 1951 7�Yt� SUR{ VF' Artz and Associates, PLC A 5 6 id' y of Valley En loeering PLC Um SlIMf11NG WN PUNNING OEVaUP RI 16 Pmt Po wd&, Sbcet 'MNCIIES A. VA 22601 -040 Rl 540 -667-3213 F. 540 -667 -9188 TOLL FREE 1-800455 -7320 0 0 AGREEMENT VARIANCE # D 7 /d— (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 knowledge, true. SIGNATURE OF DATE SIGNATURE OF OWNER nation c ntained h rein (if other than applicant) are, to the best of my PVI i'o. 1_414 DATE - OFFICE USE ONLY - BZA PUBLIC HEARING OF g/� I & ACTION: -DATE- APPROVAL DENIAL SIGNED: DATE: CHAIRMAN 11 Lc C_ 0 060015167 0 COMMONWEALTH OF VIRGINIA VIRGINIA DEPARTMENT OF HEALTH Frederick County Health Department 107 N. Kent St. Winchester, VA (540) 722 -3480 August 7, 2006 AOSE Certification Letter Old Virginia Land, LLC 101 Lee Street Winchester, Virginia 22601 Re: Tax Map #69A- 1- 30 -13; Dear Old Virginia Land, LLC: I This letter is issued in lieu of a sewage disposal system construction permit in accordance with §32.1 -164 H. of the Code of Virginia . The location and dimensions of the approved site are shown on the approved plat by Michael M. Artz, dated 7/4/06. The application for a certification letter was submitted pursuant to §32.1 -163.5 of the Code of Virginia which requires the Health Department to accept private soil evaluations and designs from an Authorized Onsite Soil Evaluator (AOSE) or a Professional Engineer working in consultation with an AOSE for residential development. The site for an individual onsite sewage system was certified as being in compliance with the Board of Health's regulations (and local ordinances if the locality has authorized the local health department to accept private evaluations for compliance with local ordinances) by Evans, Karl E. , (540) 974 -4830. This letter is issued in reliance upon that certification. The Board of Health hereby recognizes that the soil and site conditions acknowledged by this correspondence, and documented by additional records on file (including those by a private Authorized Onsite Soil Evaluator, AOSE, Evans, Karl E.) at the local health department, are suitable for the installation of an onsite sewage disposal system. The attached survey plat shows the approved area for the sewage disposal system and well. The plat must be recorded for this letter to be valid. This letter is valid until a permit for construction is issued and the system is installed, inspected and approved. This letter is void if there is any substantial physical change in the soil or site conditions where the sewage disposal system is to be located. A permit to construct the sewage disposal system must be issued before construction of the system. If the property owner (current or future) applies for a construction permit within 18 months of the date of this letter, the application fee paid for this letter shall be applied to any state fees for a permit to construct a system. After 18 months, the applicant is responsible for paying all state fees for a permit application. 0 Tax Map #69A- 1 -30 -13 0 0 Cr, Crl This letter must be recorded in the land records within 90 days by the clerk of the circuit court in the jurisdiction where all or part of the site or proposed site of the system is to be located. The site shown on the plat is specific and must not be disturbed or encroached upon by any construction. To do so voids this letter. If not recorded in 90 days this letter is void. Upon the sale or transfer of the land that is the subject of this letter, the letter shall be transferred with the title to the property. Future owners are advised to review the plat for the location of the onsite sewage disposal area to make sure their building plans do not interfere with the area. If they have any questions regarding the location of the area, they should contact the AOSE or PE identified on the previous page prior to contacting the local health department for assistance. The area evaluated, and certified by this letter, is suitable to accommodate a 3 bedroom house using a system design of 450 gallons per day . The property will be served by a private water supply as shown on the attached plat. This letter is an assurance that a sewage disposal system construction permit will be issued (provided there have been no substantial physical changes in the soil or site conditions where the system would be located); however, it is not a guarantee that a permit for a specific type of system will be issued. The design of the sewage system will be determined at the time of application for a building permit and sewage system construction permit. The design will be based on the site and soil conditions certified by this letter, structure size and location, water well location (final determination to be made at time of permit issuance), the regulations in effect at the time, and any off -site impacts that may have occurred since the date of the issuance of this letter. In some cases, engineered plans may be required prior to issuance of the construction permit. In accordance with §32.1- 164.1:1 of the Code of Virginia owners are advised to apply for a sewage disposal construction permit only when ready to begin construction. This certification letter may be subject to and must comply with any applicable local ordinances. Sincerely, Joshua Anderson EHSS Attachment: Surveyed Plat pc:Evans, Karl E. 0 0 c rn Certificate of Acknowledgment: Tax Map #69A- 1 -30 -13 August 7, 2006 County of Frederick Commonwealth of Virginia I certify the information provided herein is true a Lcurate to the best of my knowledge and belief. Environmental Health Specialist Senior The foregoing instrument was acknowledged before me this sro�' Notary Public n +h My commission expires: 31 r a()c) � day of Commonwealth of Virginia I (we) authorize this certification letter be recorded in the grantee index of the Clerk of the Circuit Court of Frederick County under my (our) name. -fL- The for9goibng instryment was cknow edggd me this day of Notary Public n �q My commission expires: le�pjL2 CJ C7