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BZA 06-21-16 Meeting AgendaAGENDA FREDERICK COUNTY BOARD OF ZONING APPEALS The Board Room Frederick County Administration Building 107 N. Kent Street Winchester, Virginia June 21, 2016 3:30 p.m. CALL TO ORDER 1) Determination of a Quorum 2) Minutes of May 17, 2016 PUBLIC HEARING 3) Variance Request #04-16 of Jordan and Joan Casteel for a 1 foot rear yard variance to a required 25 foot rear yard setback will result in a 24 foot rear yard. This property is located at 105 Chardonnay Drive, Stephens City, Virginia and is identified with Property Identification Number 75F-4-193 in the Opequon Magisterial District. 4) Variance Request #05-16 of Lawrence and Pleasant Rich for a 3.0 foot rear yard variance to a required 25 foot rear yard setback will result in a 22 foot rear yard. This property is located at 114 Paris Court, Stephens City, Virginia and is identified with Property Identification Number 75P-11-32 in the Opequon Magisterial District. Other MINUTES FOR THE MAY 17, 2016 BZA MEETING Draft Frederick County Board of Zoning Appeals Page 1680 MEETING MINUTES OF THE FREDERICK COUNTY BOARD OF ZONING APPEALS Held in the Board Room of the Frederick County Administration Building, 107 N. Kent Street, Winchester, Virginia on May 17, 2016. PRESENT: Eric Lowman, Chairman, Redbud District; Bruce Carpenter, Vice-Chairman, Gainesboro District; John Cline, Stonewall District; Reginald Shirley III, Opequon District; Kevin Scott, Shawnee District; Dudley Rinker, Back Creek; and Ronald Madagan, Member at Large. ABSENT: STAFF PRESENT: Mark Cheran, Zoning Administrator; David Burke, Zoning Inspector; and Pamala Deeter, BZA Secretary. CALL TO ORDER The meeting was called to order by Chairman Lowman at 3:30 p.m. and he determined there is a quorum. Chairman Lowman led the Pledge of Allegiance. Chairman Lowman asked if there will be a June meeting. Mr. Cheran responded there is one application at this time. The official cut-off date is Friday, May 20, 2016. On a motion made by Mr. Shirley and seconded by Mr. Scott, the minutes for the January 19, 2016, meeting was unanimously approved as presented. PUBLIC HEARING Chairman Lowman stated we have three variance requests #01-16, #02-16, and #03-16 for one property owner, Mr. George M. Murphy. Mr. Cheran came forward and directed the Board to the map showing the three properties. The properties are all located on Bufflick Road right beside each other. Mr. Cheran stated the property is in the Shawnee District and zoned RA (Rural Areas), the adjoining properties are RA and RP with the use of Residential, Vacant, or Open Space. The Applicant is requesting a 40 foot left side yard variance to a required 50 foot left side setback resulting in a 10 foot left side setback, and a 40 foot right side yard variance to a required 50 foot right side setback resulting in a 10 foot right side setback and a 25 foot rear yard variance to a required 50 foot rear yard setback resulting in a 25 foot rear yard setback. Draft Frederick County Board of Zoning Appeals Page 1681 Mr. Cheran stated the property 64B-A-54A is 0.5165 acres in size and due to the narrowness of the parcel; a structure cannot be built with the current RA Zoning District setback requirements. Mr. Cheran gave the history on the property. This property was created in 1937 with the Lela M. Miller Subdivision and the adjoining properties were created prior to 1937. 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 to change the A-2 Zoning District to the current RA (Rural Areas) Zoning District. The Frederick County Board of Supervisors amended the setback for the RA Zoning District on February 28, 2007, making the current setbacks for this property 60 feet to the front, 50 feet to the rears, 50 feet on the left side, and 50 feet on the right side. Mr. Cheran replied this property does not have building restriction lines assigned to it, so it would need to meet the current RA setbacks for a dwelling. This property also has a wet weather stream located in the rear of the property. Mr. Cheran concluded by stating The Code of Virginia 15.2-2309 (2) and Code of Frederick County 165-1001.2, states that no variance shall be granted unless the application can meet the following requirements: 1. The property interest for which the variance is being requested was acquired in good faith. 2. The granting of the variance will not be a substantial detriment to adjoining property or nearby properties in the proximity of that geographical area. 3. The condition or situation of the property concerned is not of so general or recurring as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance. 4. The granting of the variance does not result in a use that is otherwise permitted on such property or a change in the zoning classification of the property. 5. The relief or remedy sought by the variance is not available through a special exception or the process for modification of a zoning ordinance. The Applicant does meet The Code of Virginia 15.2309 (2) requirement and the variance may be justified. Chairman Lowman asked if there are any questions for Mr. Cheran. Mr. Rinker asked is there water and sewer access. Mr. Cheran replied yes. Mr. Artz came forward representing Mr. George Murphy. These particular lots are in a subdivision that was created back in 1937. Mr. Murphy purchased the lots with the intent one day to build a dwelling on the individual building lots. The parcels are 75 feet wide and 300 feet deep. The front setback can be meet on all three parcels and the rear setback and side setbacks on parcel 64-A-54A we cannot be met because of the pond on the neighboring property that flows to Draft Frederick County Board of Zoning Appeals Page 1682 this parcel and also topography issues. Mr. Artz’s explained he is trying to move the dwelling back away from the pond. The left and right side setbacks are overlapping the side yard so there is no building area and we cannot meet the current side yard setbacks. Mr. Artz’s explained, that parcels 64B-A-54B and 64B-A-55 front and rear setbacks are not a problem but the left and right side yard cannot meet the current setback requirements. Mr. Artz’s concluded by saying he would answer any questions the Board might have. Vice- Chairman Carpenter asked when did Mr. Murphy purchase the lots. Mr. Artz replied 1 lot purchased in 2007 and the other two lots in 2006. Chairman Lowman asked is there anyone who wishes to speak in favor of or opposition for the variance request to come forward. Mr. George Murphy came forward and he asked the Board to grant the three variances because of the setback. The first variance #01-16 has rear setback issues and the other two lots cannot meet the left and right side setbacks. Ms. Janet Gibson is a neighbor across the road and inquired as to what his plans are for the property. Ms. Gibson needed clarification as to what would be built. Ms. Gibson was in agreement with his plan. Public Hearing Closed No Discussion Mr. Scott made a motion to approve Variance Request #01-16 for George M. Murphy as requested and was seconded by Mr. Carpenter and passed unanimously. PUBLIC HEARING Mr. Cheran came forward again and presented Variance Request #02-16 for George M. Murphy and directed the Board to the map showing the property again. The property is located on Bufflick Road. Mr. Cheran stated the property is in the Shawnee District and zoned RA (Rural Areas) theadjoining properties are RA and RP with the use of Residential, Vacant, or Open Space. The Applicant is requesting a 40 foot left side yard variance to a required 50 foot left side setback resulting in a 10 foot left side setback, and a 40 foot right side yard variance to a required 50 foot right side setback resulting in a 10 foot right side setback. Mr. Cheran stated the property 64B-A-54B is 0.5165 acres in size and due to the narrowness of the parcel; a structure cannot be built with the current RA Zoning District setback requirements. Mr. Cheran gave the history on the property. This property was created in 1937 with the Lela M. Miller Subdivision and the adjoining properties were created prior to 1937. 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 Draft Frederick County Board of Zoning Appeals Page 1683 zoning ordinance were 35 feet for the front 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 setback for the RA Zoning District on February 28, 2007, making the current setbacks for this property 60 feet to the front, 50 feet to the rears, 50 feet on the left side, and 50 feet on the right side. Mr. Cheran concluded again by stating The Code of Virginia 15.2-2309 (2) and Code of Frederick County 165-1001.2, states that no variance shall be granted unless the application can meet the following requirements: 1. The property interest for which the variance is being requested was acquired in good faith. 2. The granting of the variance will not be a substantial detriment to adjoining property or nearby properties in the proximity of that geographical area. 3. The condition or situation of the property concerned is not of so general or recurring as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance. 4. The granting of the variance does not result in a use that is otherwise permitted on such property or a change in the zoning classification of the property. 5. The relief or remedy sought by the variance is not available through a special exception or the process for modification of a zoning ordinance. The proposed setback of 60 feet front, 10 feet left and right side and 50 feet rear would be consistent with the character of the district; and meets the intent of The Code of Virginia 15.2309 (2) and the Code of Frederick County. This request from the current setback of the RA Zoning District may be justified. Chairman Lowman called for anyone who wished to speak for or against this Public Hearing to come forward. Mr. Artz’s came forward, in favor of the Variance Request #02-16. Mr. Artz gave his presentation for all three variances at the first item of business. Public Hearing Closed No Discussion Mr. Scott made a motion to approve Variance Request #02-16 for George M. Murphy as requested and was seconded by Mr. Carpenter and passed unanimously. PUBLIC HEARING Mr. Cheran presented Variance Request #03-16 for George M. Murphy directed the Board to the map showing the property again. The property is located on Bufflick Road. Draft Frederick County Board of Zoning Appeals Page 1684 Mr. Cheran stated the property is in the Shawnee District and zoned RA (Rural Areas) adjoining properties are RA and RP with the use of Residential, Vacant, or Open Space. The Applicant is requesting a 40 foot left side yard variance to a required 50 foot left side setback resulting in a 10 foot left side setback, and a 40 foot right side yard variance to a required 50 foot right side setback resulting in a 10 foot right side setback. Mr. Cheran stated the property 64B-A-55 is 0.5165 acres in size and due to the narrowness of the parcel; a structure cannot be built with the current RA Zoning District setback requirements. Mr. Cheran gave the history on the property. This property was created in 1937 with the Lela M. Miller Subdivision and the adjoining properties were created prior to 1937. 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 to change the A-2 Zoning District to the current RA (Rural Areas) Zoning District. The Frederick County Board of Supervisors amended the setback for the RA Zoning District on February 28, 2007, making the current setbacks for this property 60 feet to the front, 50 feet to the rears, 50 feet on the left side, and 50 feet on the right side. Mr. Cheran concluded again by stating The Code of Virginia 15.2-2309 (2) and Code of Frederick County 165-1001.2, states that no variance shall be granted unless the application can meet the following requirements: 1. The property interest for which the variance is being requested was acquired in good faith. 2. The granting of the variance will not be a substantial detriment to adjoining property or nearby properties in the proximity of that geographical area. 3. The condition or situation of the property concerned is not of so general or recurring as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance. 4. The granting of the variance does not result in a use that is otherwise permitted on such property or a change in the zoning classification of the property. 5. The relief or remedy sought by the variance is not available through a special exception or the process for modification of a zoning ordinance. The Applicant meets the intent of The Code of Virginia 15.2309 (2) and the Code of Frederick County. This request from the current setback of the RA Zoning District may be justified. Chairman Lowman called for anyone who wished to speak for or against this Public Hearing to come forward. Public Hearing Closed No Discussion Mr. Scott made a motion to approve Variance Request #03-16 for George M. Murphy as requested and was seconded by Mr. Carpenter and passed unanimously. Draft Frederick County Board of Zoning Appeals Page 1685 Mr. Rinker made a motion to adjourn the meeting at 3:55 p.m. and Mr. Carpenter seconded the motion. Respectfully yours, ____________________ Eric Lowman, Chairman ________________________ Pamala Deeter, BZA Secretary VARIANCE REQUEST #04-16 OF JORDAN AND JOAN CASTEEL VARIANCE APPLICATION #04-16 JORDAN AND JOAN CASTEEL Staff Report for the Board of Zoning Appeals Prepared: June 10, 2016 Staff Contact: Mark Cheran, Zoning Administrator ______________________________________________________________________________ This report is prepared by the Frederick County Planning Staff to provide information to the Board of Zoning Appeals to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. BOARD OF ZONING APPEALS HEARING DATE: June 21, 2016 Public Hearing; Action Pending LOCATION: The property is located at 105 Chardonnay Drive, Stephens City MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 75F-4-193 PROPERTY ZONING & USE: Zoned: RP (Residential Performance) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RP (Residential Performance) Use: Residential South: RP (Residential Performance) Use: Residential East: RP (Residential Performance) Use: Residential West: RP (Residential Performance) Use: Residential VARIANCE REQUESTED: The Applicant is requesting a 1 foot rear yard variance to a required 25 foot rear yard setback resulting in a 24 foot rear yard setback. REASON FOR VARIANCE: To allow for a sunroom addition to an existing deck. Variance #04-16 – Jordan & Joan Casteel Page 2 June 10, 2016 STAFF COMMENTS: This application is a variance to allow for a one (1) foot encroachment into the rear setback. The property is zoned RP (Residential Performance) and has a square footage of 12,000 sq. ft., with a single-family dwelling built on the property. The Frederick County Zoning Ordinance allows for lots in the RP Zoning District to range in size from 100,000 sq. ft. to 3,000 sq. ft. Section 165-65 C of the Frederick County Zoning Ordinance, requires setbacks to be: 35 feet front, 10 feet sides, and 25 feet rear. A building permit (# 1969-2014) was issued for a dwelling that was built in 2015 with setbacks of: Front-35’ Sides-10’ Rear-25’. The Applicant currently has an existing deck on the rear of the dwelling. Frederick County amended its zoning ordinance in 2012 to allow property owners to build unroofed decks at rear setback of 15 feet. This allowed for a 10 foot difference from the original rear setback of 25 feet for unroofed decks, stoops landings, and similar features to be built without having to apply for a variance. Prior to Frederick County amending the zoning ordinance an addition of a deck would not allow a variance would not be granted as the deck did not meet the ordinance. This ordinance change lessened the applications for variances for decks. The addition of a sunroom of this property does not meet the requirements for a variance, as the ordinance was amended to allow for relief unroofed decks. The applicant should have had the contractor check the Frederick County Zoning Ordinance prior to designing for this sun room. The Applicant can make the current deck smaller or design the sunroom to fit the setbacks. As noted the Applicant understands the deck currently meets setbacks, and payment of a contract does not constitute a variance. STAFF CONCLUSIONS FOR THE JUNE 21, 2016 MEETING: The Code of Virginia 15.2- 2309 (2) and Code of Frederick 165-1001.2, states that no variance shall be granted unless the application can meet the following requirements: 1) The property interest for which the variance is being requested was acquired in good faith. 2) The granting of the variance will not be a substantial detriment to adjoining property or nearby properties in the proximity of that geographical area. 3) The condition or situation of the property concerned is not of so general or recurring as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance. 4) The granting of the variance does not result in a use that is otherwise permitted on such property or a change in the zoning classification of the property. Variance #04-16 – Jordan & Joan Casteel Page 3 June 10, 2016 5) The relief or remedy sought by the variance is not available through a special exception or the process for modification of a zoning ordinance. The granting of this variance would violate the spirit in which the Ordinance was amended to allow for decks in the RP Zoning District. The Applicant should design the sunroom to fit the setbacks as noted within the Ordinance. Furthermore, the dwelling was constructed in 2015 with a rear setback of 25 feet; three years after the Ordinance was amended. Therefore, Staff would recommend denial of this variance application to the RP setback requirements. The issuing of this variance would de facto changing the Frederick County Zoning Ordinance, which outside the purview of this body. 75F 4 193 343MONTGOMERYCIR 341MONTGOMERYCIR 106CHARDONNAY DR 108CHARDONNAY DR 110CHARDONNAY DR 112CHARDONNAY DR 104CHARDONNAY DR 101CABERNET CT 102CHARDONNAY DR 111CHARDONNAY DR 109CHARDONNAY DR 424ALBIN DR 103CABERNET CT 426ALBIN DR 105CABERNET CT 430ALBIN DR 428ALBIN DR 432ALBIN DR 423ALBIN DR 425ALBIN DR 427ALBIN DR 429ALBIN DR 433ALBIN DR ALBIN DR CHA R D O N N A Y D R Applications Parcels Sewer and Water Service Area Building Footprints B1 (Business, Neighborhood District) B2 (Business, General Distrist) B3 (Business, Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Industrial, Light District) 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 (Rural Area District) RP (Residential Performance District) I Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: May 17, 2016Staff: mcheran ALBI N D R CHAR D O N N A Y D R MONT G O M E R Y C I R CAB E R N E T C T VAR # 04 - 16Jordan and Joan CasteelPIN:75F - 4 - 193Rear Variance 0 60 12030 Feet VAR # 04 - 16Jordan and Joan CasteelPIN:75F - 4 - 193Rear Variance SHUMA R D C T VAR #04-16 75F 4 193 343MONTGOMERYCIR 341MONTGOMERYCIR 106CHARDONNAY DR 108CHARDONNAY DR 110CHARDONNAY DR 112CHARDONNAY DR 104CHARDONNAY DR 101CABERNET CT 102CHARDONNAY DR 111CHARDONNAY DR 109CHARDONNAY DR 424ALBIN DR 103CABERNET CT 426ALBIN DR 105CABERNET CT 430ALBIN DR 428ALBIN DR 432ALBIN DR 423ALBIN DR 425ALBIN DR 427ALBIN DR 429ALBIN DR 433ALBIN DR ALBIN DR CHA R D O N N A Y D R Applications Parcels Sewer and Water Service Area Building Footprints I Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: May 17, 2016Staff: mcheran ALBI N D R CHAR D O N N A Y D R MONT G O M E R Y C I R CAB E R N E T C T VAR # 04 - 16Jordan and Joan CasteelPIN:75F - 4 - 193Rear Variance 0 60 12030 Feet VAR # 04 - 16Jordan and Joan CasteelPIN:75F - 4 - 193Rear Variance SHUMA R D C T VAR #04-16 VARIANCE REQUEST #05-16 OF LAWRENCE AND PLEASANT RICH VARIANCE APPLICATION #05-16 LAWRENCE AND PLEASANT RICH Staff Report for the Board of Zoning Appeals Prepared: June 10, 2016 Staff Contact: Mark Cheran, Zoning Administrator ______________________________________________________________________________ This report is prepared by the Frederick County Planning Staff to provide information to the Board of Zoning Appeals to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. BOARD OF ZONING APPEALS HEARING DATE: June 21, 2016 Public Hearing; Action Pending LOCATION: The property is located at 114 Paris Court, Stephens City, Virginia MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 75P-11-32 PROPERTY ZONING & USE: Zoned: RP (Residential Performance) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RP (Residential Performance) Use: Residential South: RP (Residential Performance) Use: Open Space East: RP (Residential Performance) Use: Residential West: RP (Residential Performance) Use: Vacant VARIANCE REQUESTED: The Applicant is requesting a 3.0 foot rear yard variance to a required 15 foot rear yard setback for a deck resulting in a 12 foot rear yard setback. REASON FOR VARIANCE: Built deck over the rear setback line Variance #05-16 – Lawrence & Pleasant Rich Page 2 June 10, 2016 STAFF COMMENTS: This application is a variance to allow for a three (3) foot encroachment into the rear setback for a deck. The property is zoned RP (Residential Performance) and has a square footage of 12,468 sq. ft., with a single-family dwelling built on the property. The Frederick County Zoning Ordinance allows for lots in the RP Zoning District to range in size from 100,000 sq. ft. to 3,000 sq. ft. Section 165-65 C of the Frederick County Zoning Ordinance, requires setbacks to be: 35 feet front, 10 feet sides, and 25 feet rear. The setbacks for unroofed decks in the RP Zoning District are 15 feet. The Applicant applied for a building permit (#638-2016) with rear setbacks of 15 ft. Section 165-23 H of the Frederick County Zoning Ordinance requires survey standards to establish the location of primary structures located five (5) feet or less from the minimum setback requirement of the zoning district in which the property is located. This building permit was required to provide setback surveys. The Applicant caught the setback violation during construction layout prior to the setback survey. STAFF CONCLUSIONS FOR THE JUNE 21, 2016 MEETING: The Code of Virginia 15.2- 2309 (2) and Code of Frederick 165-1001.2, states that no variance shall be granted unless the application can meet the following requirements: 1) The property interest for which the variance is being requested was acquired in good faith. 2) The granting of the variance will not be a substantial detriment to adjoining property or nearby properties in the proximity of that geographical area. 3) The condition or situation of the property concerned is not of so general or recurring as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance. 4) The granting of the variance does not result in a use that is otherwise permitted on such property or a change in the zoning classification of the property. 5) The relief or remedy sought by the variance is not available through a special exception or the process for modification of a zoning ordinance. Careful consideration should be used in regards to this variance. This violation to the setback requirements of the RP Zoning District for an unroofed deck is self-inflicted, and should not be granted. 75P 1 1 32 441PERRYWINKLE PL 118RADFORD CT 115PARIS CT 113PARIS CT 116PARIS CT 111PARIS CT 109PARIS CT 110PARIS CT 108PARIS CT 106PARIS CT 104PARIS CT PAR I S C T Applications Parcels Sewer and Water Service Area Building Footprints B1 (Business, Neighborhood District) B2 (Business, General Distrist) B3 (Business, Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Industrial, Light District) 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 (Rural Area District) RP (Residential Performance District) I Note:Frederick County Dept ofPlanning & Development107 N Kent StSuite 202Winchester, VA 22601540 - 665 - 5651Map Created: May 23, 2016Staff: mcheran PAR I S C T LADYSMI T H D R UPPE R V I L L E D R RAD F O R D C T VAR # 05 - 16Lawrence and Pleasant RichPIN:75P - 1 - 1 - 32Rear Variance 0 80 16040 Feet VAR # 05 - 16Lawrence and Pleasant RichPIN:75P - 1 - 1 - 32Rear Variance VAR #05-16 75P 1 1 32 441PERRYWINKLE PL 118RADFORD CT 115PARIS CT 113PARIS CT 116PARIS CT 111PARIS CT 109PARIS CT 110PARIS CT 108PARIS CT 106PARIS CT 104PARIS CT P A R I S C T Applications Parcels Sewer and Water Service A rea Building Footprints I Note:Frederick C ounty D ept ofPlanning & D evelopment107 N Kent StSuite 202Winchester, V A 22601540 - 665 - 5651Map Created: May 23, 201 6Staff: mcheran P A R I S C T LADYSMITH DR UPPERVILLE DR R A D F O R D C T VAR # 05 - 16Lawrence and Pleasant RichPIN:75P - 1 - 1 - 32Rear Variance 0 80 16040 Feet VAR # 05 - 16Lawrence and Plea sant RichPIN:75P - 1 - 1 - 32Rear Variance VAR #05-16