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BZA 04-20-21 Meeting Agenda1.Call to Order 2.Determination of a Quorum 3.Meeting Minutes 3.A.Minutes of March 16, 2021 4.Public Hearings 4.A.Variance #01-21 for Randy S. Kelly Submitted for a 30-foot front yard variance to a required 60-foot front yard setback which will result in a 30-foot front yard setback, and a 24-foot left and right-side yard variance to a required 50-foot side yard setback which will result in a 26-foot left and right-side yard setback for a single-family dwelling. This property is located in the Highview Manor Subdivision, on Meadow Way in Winchester and is identified with Property Identification Number 60A-2B-A-32 in the Back Creek Magisterial District. 4.B.Variance #03-21 for Gene and Angela Fishel Submitted for a request for an 8-foot rear yard variance to a required 15-foot rear yard setback which will result in a 7-foot rear yard setback for a covered deck. The property is located at 144 Emperor Drive, Lake Frederick and is identified with Property Identification Number 87B-5-2-120 in the Opequon Magisterial District. 4.C.Variance #04-21 for Old Virginia Land, LLC Submitted by Rocky Yost, for a 29-foot left side yard variance to a required 50-foot left side yard setback which will result in a 21-foot left side yard setback, and a 29-foot right side yard variance to a required 50-foot right side yard setback which will result in a 21- foot right side yard setback, for a single-family dwelling. This property is located in AGENDA BOARD OF ZONING APPEALS TUESDAY, APRIL 20, 2021 3:30 PM THE BOARD ROOM FREDERICK COUNTY ADMINISTRATION BUILDING WINCHESTER, VIRGINIA BZA04-20-21MeetingMinutesMarch16.pdf BZA04-20-21VAR01-21.pdf BZA04-20-21VAR03-21.pdf 1 Shawneeland (Lot 57) on Chrysanthemum Trail and is identified with Property Identification Number 69A-130-57 in the Back Creek Magisterial District. 5.Other BZA04-20-21VAR04-21.pdf 2 Board of Zoning Appeals Agenda Item Detail Meeting Date: April 20, 2021 Agenda Section: Meeting Minutes Title: Minutes of March 16, 2021 Attachments: BZA04-20-21MeetingMinutesMarch16.pdf 3 1818 Frederick County Board of Zoning Appeals 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 March 16, 2021. PRESENT: Kevin Scott, Vice-Chairman, Shawnee District; Reginald Shirley III, Opequon District; Dudley Rinker, Back Creek District; Dwight Shenk, Gainesboro District; John Cline, Stonewall District and Ronald Madagan, Member at Large. ABSENT: Eric Lowman, Chairman, Red Bud District STAFF PRESENT: Mark Cheran, Zoning Administrator; and Pamala Deeter, BZA Secretary CALL TO ORDER The meeting was called to order by Vice-Chairman Scott at 3:30 p.m. and he determined there is a quorum. Vice-Chairman Scott led the Pledge of Allegiance. On a motion made by Mr. Rinker and seconded by Mr. Cline, the minutes for the January 19, 2020 meeting were unanimously approved as presented. Vice-Chairman Scott inquired if there are any applications for April Mr. Cheran stated yes, the cutoff date is Friday, March 19, 2021. PUBLIC HEARING Vice-Chairman Scott read the request for Variance #01-21 for Randy S. Kelly, submitted for a request for a 30-foot front yard variance to a required 60-foot front yard setback which will result in a 30-foot front yard setback and a 24-foot left and right side yard variance to a required 50-foot side yard setback which will result in 26-foot left and right side yard setback for a single family dwelling. The property is located at High View Manor Subdivision, on Meadow Way in Winchester and is identified with Property Identification Number 60A-2B-A-32 in the Back Creek Magisterial District. Mr. Cheran came forward to present the variance. The property is in the Rural Area (RA) Zoning District and the land use is vacant. The adjoining properties are RA and also vacant in land use. Staff presented a location map and a proposed plat of the final house location. Staff mentioned the reason for the request is the property cannot meet the current setbacks due to the size of the property and location of the dwelling. 4 1819 Frederick County Board of Zoning Appeals Mr. Cheran noted that in 1962 the High View Manor Subdivision was created, and no building restrictions were assigned at that time. The parcel is located within the subdivision so that Applicant would need to follow the current RA setbacks. Staff stated the historical maps of this property as being A-1 (Agricultural Limited) in 1967. At the adoption of the Zoning Ordinance the setback were 35-feet for the front, 15-feet for the side yards and 50-feet for the rear yard. The Ordinance was amended again in 1989 to change the A-1 Zoning District to RA Zoning District. Mr. Cheran noted that in February 28, 2007 that the Board of Supervisor changed the setback for the RA Zoning District to 60-feet for the front, 50-feet to the rear and 50-feet left and right-side yard. Mr. Cheran said this is the current setbacks for Mr. Kelly parcel. Staff reiterated the setbacks that the Applicant is requesting. Mr. Cheran concluded by reading The Code of Virginia 15.2-2309 (2) and the Code of Frederick 165-1001.2 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 medication of a zoning ordinance. Mr. Cheran also mentioned that we received two emails from residences. One is opposing the application and the other one is asking the Board to place restriction on the approval. Vice-Chairman ask the Applicant to come forward to speak. Applicant wasn’t in attendance. Mr. Shirley had questions on the proposed plat about the 26’ and 30’ BRL. Mr. Cheran tried to clarify the best he could without the Applicant. Vice-Chairman ask is there anyone here wishing to speak for or against this variance. No one came forward. PUBLIC HEARING CLOSED Discussion The Board discussed the importance that the Applicant should be present. The Board had questions for the Applicant. 5 1820 Frederick County Board of Zoning Appeals One a motion made by Mr. Rinker that Variance #01-21 for Randy Kelly be tabled 30 days until the April meeting and was seconded by Mr. Shenk. The vote was unanimous. PUBLIC HEARING Vice-Chairman Scott read Variance #02-21 for Gerald and Linda Aronovitch submitted for a request for a 50-foot rear yard variance to a required 100-foot rear yard setback which will result in a 50-foot rear yard setback and a 50-foot right side yard variance to a required 100-foot right side yard setback which will result in a 50-foot right side yard setback for a single family dwelling. The property is located Flint Ridge Subdivision and is accessed of Fodder Court and is identified with Property Identification Number 39-A-85C in the Back Creek Magisterial District. Mr. Cheran came forward to present staff report. Staff mentioned, the property has 5.2 acres with a pond and is vacant. Mr. Cheran said the pond is in the center of the property. This property backs up the rural preservation reserve lot. The zoning of the parcel is RA (Rural Areas). The surrounding properties are RA and residential. The Applicant parcel was created before the Rural Preservation was created. The rural preservation surrounds the Applicants property with that in mind the Applicant would have greater setbacks. Mr. Cheran stated with the current 100’ setbacks today, the house would be placed close to the pond. If the dwelling is placed close to the pond, there is a possibility of water collecting around the foundation. Mr. Cheran mentioned the setback lines for the RA Zoning District are: 60-feet for the front, 100- feet for the side yards and 100-feet for the rear. The Applicant is requesting a 50-foot rear yard variance to a required 100-foot rear yard setback resulting in a 50-foot rear yard setback and a 50- foot right side yard variance to a required 100-foot right side yard setback resulting in a 50-foot right side yard setback, for a single-family dwelling. Mr. Cheran stated should this variance be granted, the building setbacks for this property would be 60-feet in the front, 50-feet in the rear, and 50-feet on the right side. This application for a variance does not meet the requirements as set forth by The Code of Virginia 15.2-2209 (2), and the Frederick County Zoning Ordinance. The setback requirements of the RA Zoning District do not produce an unreasonable restriction on the property. The Applicant can place the proposed dwelling in a different location on this 5+/- acre parcel to abate the drainage issues. Mr. Cheran concluded by reading The Code of Virginia 15.2-2309 (2) and the Code of Frederick 165-1001.2 that no variance shall be granted unless the application can meet the following requirement. 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 6 1821 Frederick County Board of Zoning Appeals 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 medication of a zoning ordinance. Mr. Cheran concluded with this variance request may not be justified. The Applicant doesn’t meet the criteria of The Code. The strict application of the Frederick County Zoning Ordinance does not produce an unreasonable restriction on the property as required by the Code of Virginia. Vice-Chairman ask the Applicant to come forward to speak. Mr. Aronovitch came forward. Mr. Aronovitch expressed that the topography plays a big role in where we place the dwelling. If we place the dwelling near the pond, with the current setback the water overflow would surround our foundation. The Applicant explained what his engineer recommended he would need if placing the house close to the pond. Mr. Aronovitch wonder why his setbacks were different than his neighbors. The Applicant was glad that Mr. Cheran explained the rural preservation setback. The Applicant was unaware that his property was surrounded by a rural preservation. Mr. Rinker clarified with the Applicant as to where he was going to build. Vice-Chairman ask is there anyone here wishing to speak for or against the variance. No one came forward. PUBLIC HEARING CLOSED Discussion Mr. Shirley needed clarification about the rural preservation. Mr. Cheran stated the rural preservation has 60 percent reserve, one building right and cannot be further subdivided. Mr. Cline ask could it be divided into a family subdivision. Mr. Cheran replied no. Vice-Chairman Scott mentioned that an email from Sue Teal was sent in to oppose all variances. A couple of committee members visited the site and agreed that this would not affect another property by allowing this variance. A motion was made by Mr. Rinker that Variance #02-21 for Gene and Linda Aronovitch be approved and was seconded by Mr. Madigan. The vote was unanimous. 7 1822 Frederick County Board of Zoning Appeals Mr. Cheran gave an update on the appeal cases. On a motion made by Mr. Cline to adjourn meeting and seconded by Mr. Shirley 4:15. _________________________ Kevin Scott, Vice-Chairman _________________________ Pamala Deeter, Secretary 8 Board of Zoning Appeals Agenda Item Detail Meeting Date: April 20, 2021 Agenda Section: Public Hearings Title: Variance #01-21 for Randy S. Kelly Attachments: BZA04-20-21VAR01-21.pdf 9 VARIANCE APPLICATION #01-21 RANDY S. KELLY Staff Report for the Board of Zoning Appeals Prepared March 31, 2021 Staff Contact: Mark R. Cheran Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Board of Zoning Appeals to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. BOARD OF ZONING APPEALS HEARING DATE: April 20, 2021 Public Hearing - Action Pending LOCATION: The property is located in the High View Manor Subdivision, on Meadow Way in Winchester. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 60A-2B-A-32 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) District Land Use: Vacant ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Use: Vacant South: RA (Rural Areas) Use: Vacant East: RA (Rural Areas) Use: Vacant West: RA (Rural Areas) Use: Vacant VARIANCE REQUESTED: The Applicant is requesting a 30-foot front yard variance to a required 60-foot front yard setback which will result in a 30-foot front yard setback, and a 24-foot left and right-side yard variance to a required 50-foot left and right-side yard setback which will result in a 26-foot left and right side yard setback, for a single family dwelling. REASON FOR VARIANCE: The property cannot meet the current setbacks due to the size of the property and location of the dwelling. STAFF COMMENTS: This property is part of the High View Manor Subdivision that was created in 1962. This subdivision does not have Building Restriction Lines (BRL) assigned to it and would have to meet the current RA (Rural Areas) District setbacks. The Frederick County historical zoning map shows this property as being zoned A-1 (Agricultural Limited) in 1967. The property setback lines at the adoption of the Zoning Ordinance 35-feet for the front, 15-feet for the side yards and 50- feet for the rear yard. Frederick County amended its Ordinance in 1989 to change the A-1 Zoning District to the RA (Rural Areas) Zoning District. The Frederick County Board of Supervisors 10 Variance #01-21 – Randy S. Kelly Page 2 March 31, 2021 amended the setbacks for the RA Zoning District on February 28, 2007, making the current setbacks for this property 60-feet for the front, 50-feet to the rear, and 50-feet left and right-side yard. The Applicant is requesting a variance of 30-feet from the required 60-foot front yard setback resulting in a 30-foot front yard setback. A 24-foot left and right-side variance from the required 50- foot left and right-side yard setback resulting in a 26-foot left and right-side yard setback, to construct a single-family dwelling. BOARD OF ZONING APPEALS SUMMARY AND ACTION FROM THE 3/16/21 MEETING; The Committee tabled action until the April 20, 2021 meeting. STAFF CONCLUSIONS FOR THE APRIL 20, 2021 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. This proposed variance appears to 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 setbacks of the RA (Rural Areas) Zoning District may be justified. 11 60A 2B A 32 2777WARDENSVILLE GR 134FLEGAL LN 115MEADOWWAY 113MEADOWWAY 107MEADOWWAY 105MEADOWWAY 103MEADOWWAY 117GLENRIDGE RD W A R D E N S V IL L E G RMEADOW WAYApplication Parcels µ Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: February 22, 2021WARDENSVILLE GRMANOR DRFLEGAL LNMEADOW WAYGREENWAY CT 0 100 20050 Feet VAR #01-21 VAR # 01 - 21: Randy S. KellyPIN: 60A - 2B - A - 3230' Front Yard Variance and 24' Left and Right Side Yard VariancesLocation Map 12 13 14 15 16 AGREEMENT VARIANCE# ------(Number to be assigned by the Planning Dept.) I (we), the undersigned, do hereby respectfully make application, and petition the Frederick County Board of Zoning Appeals (BZA) to grant a variance to the terms of the Frederick County Zoning Ordinance as described herein. I agree to comply with any conditions for the variance required by theBZA. I authorize the members of the BZA and Frederick County officials to go upon the property for site inspection purposes. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the BZA public hearing and maintained so as to be visible from the road or right-of-way until the hearing. I hereby certify that all of the statements and information contained herein are, to the best of my knowledge, true. / / 1 SIGNATURE OF APPLICAN T __ �---�--/r!_b ___ lJt _________ DATE :2 .... I?'°-;)..OJ..,/ -OFFICE USE ONLY- BZA PUBLIC HEARING OF ACTION: ---------------D APPROVAL D DENIAL SIGNED: DATE: --------- -DATE- BZA CHAIRMAN 11 01-21 17 18 19 20 Board of Zoning Appeals Agenda Item Detail Meeting Date: April 20, 2021 Agenda Section: Public Hearings Title: Variance #03-21 for Gene and Angela Fishel Attachments: BZA04-20-21VAR03-21.pdf 21 VARIANCE APPLICATION #03-21 GENE AND ANGELA FISHEL Staff Report for the Board of Zoning Appeals Prepared April 2, 2021 Staff Contact: Mark R. Cheran Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Board of Zoning Appeals to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. BOARD OF ZONING APPEALS HEARING DATE: April 20, 2021 Public Hearing - Action Pending LOCATION: The property is located at 144 Emperor Drive in the Lake Frederick Subdivision. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 87B-52-120 PROPERTY ZONING & USE: Zoned: R5 (Residential Recreational Community) District Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: R5 (Residential Recreational Community) Use: Residential South: R5 (Residential Recreational Community) Use: Residential East: R5 (Residential Recreational Community) Use: Open Space West: R5 (Residential Recreational Community) Use: Residential VARIANCE REQUESTED: The Applicant is seeking an 8-foot rear yard setback variance to a required 15-foot rear yard setback resulting in a 7-foot rear setback to allow for the enclosure of an existing uncovered deck. REASON FOR VARIANCE: The property cannot meet the current rear setbacks for a covered porch due to the size of the property and location of the existing dwelling. STAFF COMMENTS: This property was created in 2018 as a single-family small lot type. The building setbacks for this lot are: 25-foot front, 5-foot sides and 15-foot rear from the property line. This dwelling currently has an uncovered deck which is 7.1-foot from the rear property line. Setbacks for uncovered decks is 5-foot from the rear property line. A covered or enclosed porch would have to meet the rear setback of 15-foot as they become part of the principal structure. The Applicant is requesting the variance to allow the deck to be enclosed. The area adjacent to the rear property line consists of open space. 22 Variance #03-21 – Gene and Angela Fishel Page 2 April 2, 2021 STAFF CONCLUSIONS FOR THE APRIL 20, 2021 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. This proposed variance appears to 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 current rear setbacks of the R5 (Residential Recreational Community) Zoning District may be justified. 23 87B 5 2 120 137EMPEROR DR 136EMPEROR DR 138EMPEROR DR 139EMPEROR DR 140EMPEROR DR 141EMPEROR DR 142EMPEROR DR 143EMPEROR DR 145EMPEROR DR 146EMPEROR DR 147EMPEROR DR 148EMPEROR DR 149EMPEROR DR 150EMPEROR DR 151EMPEROR DR RACHEL CARSON DREMPEROR DRApplication Sewer and Water Service A rea Parcels R5 (Residential Recr eationa l Com munity Distr ict)µ Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: March 19, 2021RACHEL CARSON DREMPEROR DRSKIPPER DR IRONWEED DRBURKWOOD TER BAYHILL TER0 40 8020 Feet VAR #03 -21 CLARKE COUNTY VAR # 03 - 21: Gene and Angela FishelPIN: 87B - 5 - 2 - 1208' Rear Yard VarianceZoning Map 24 87B 5 2 120 137EMPEROR DR 136EMPEROR DR 138EMPEROR DR 139EMPEROR DR 140EMPEROR DR 141EMPEROR DR 142EMPEROR DR 143EMPEROR DR 145EMPEROR DR 146EMPEROR DR 147EMPEROR DR 148EMPEROR DR 149EMPEROR DR 150EMPEROR DR 151EMPEROR DR RACHEL CARSON DREMPEROR DRApplication Sewer and Water Service A rea Parcels µ Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: March 19, 2021RACHEL CARSON DREMPEROR DRSKIPPER DR IRONWEED DRBURKWOOD TER BAYHILL TER0 40 8020 Feet VAR #03 -21 CLARKE COUNTY VAR # 03 - 21: Gene and Angela FishelPIN: 87B - 5 - 2 - 1208' Rear Yard VarianceLocation Map 25 ) APPLICATION FOR VARIANCE FREDERICK COUNTY, VIRGINIA -OFFICE USE ONLY-· Submittal Deadline ~ I ,<\I~~----For the BZA Meetin~ . Variance Application #03-~\ Submittal Date ..3-~-----e~ Fee Amount Paid _$'400 ____ Initials: f_D __ _ Receipt # j 'a i lo lo a.. __ Sign Deposit Paid ___ -=._ ___ _ l I I -~---------··---·-----_/ JllJLST BE TYPED QR FILLED OUT IN INK -PLEASE PPJNT I. The applicant is the owner fil other _D_. (Check one) Please list all owners, occupants (adult individuals as well as any entities occupying the property), or parties in interest of the property. 2. APPLICANT: NAME: J~~G--i: Le~ hs-e:\ __ ., ADDRESS: \"··V\J:h--y:er~l:Ji-,ve.--\--~\4, fu~~6~~\Jc. ~:~bl:.0 TELEPHONE:$~-~'E~ b~ OCCUPANT: (if different) NAME: ADDRESS: --TELEPHONE: 3. The property is located at (give exact directions and include State Route Numbers): _ 1::'>-~~ ~~ -J.. r\~--~\{"T'\ D~-w~ ~~~~,lC_ _ _J),\~!g..--1---___ _ r\~ ~n, ay, ·B\.& Cc-r~ -~~~4\): -~~ 0~ ~y~ _G'fC\ ~~.-Y'\ C:>'rv~ ~ce ~~'-'e,. -----------···---4. The property has a road frontage of ~9 _feet and a depth of \ \ S feet and consists of G:', 3o? s x: acres (please be exact) . ., \l-,\ a,,.c.Y-e,_~ • 5. The property is owned by G~~l\~ Cr,c' .t\r-,c..,.!.\c. B5~e\ ___ as evidenced by deed from ·f'.'irc.,....\l i~ (;;•.u"1\1r>n Cvnt'wr:> recorded (prev16us owner) in deed book no.___ on page ______ ,, or instrument number. o~ oo \ .15 Gi "6. of the deed books of the Clerk '7 I 26 of the Court for Frederick County. Please attach a copy of the reco.ded deed. 6. Magisterial District: ,., I. Property Identification Number (P.I.N.): ~'1 D ·-') 2> 0( ------·--------·--K. The existing zoning of the property is:. ~ S 9. The existing use of the property is: IO. Adjoining Property: USE North \1...,e.~i\Q:=:;;-~\ East -~\s~e. ZONING ---Rs=-___ ·--South "'~'"'>'llli,..,.-.\,.->-----West ""e~ G'Skh\.--',,_c~-'\...__ _ _r~_;:::,, _______ _ 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.") _·1'.e.,\'"",\''" D y o.c:c:. Y-,C 'e:' ~ o<' G:;,,( "-" e,~ d §' c:;6_ ___ _%ii_ ... ___ -/41,L ___ ·--··----· -------· ----------· -... ·-·. ···--________ .,_ ------12. List specific reason(s) why the variance is being sought in terms of, such as: t,~ Exceptional narrowness, shaliowness, size or shape of property, or f:t> Exceptional topographic conditions or other extraordinary situation or condition of property, or ~· The use or development of property immediately adjacent thereto S\.-c_ \ \c~.,~ be:::>$. c\ ~~·'""e"--' .. r_\-_'1_ .. .....,.c,..._ ____ _ -------·----------··-------·--·--------··--------------------------c-... --..·---·-·---·-------8 27 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: I Nam~ and Property Identification Number J Address -··-~ Name '"°1ll.S.~'1r-i ~~~~--~~=-·.\(=e;.=~=t==:==v=·-\··=~= Ernr~ror ~1~e. --, Property# \\'1 ~1~ 5 'd.. \\Ci ·\.-c;..te... ~~kr\.::..\L \Jc. d~b.3.D ! 11==================1---------·----------ll Prope1ty # \J\ ~l F> $ ~ \~\ .I Name -~e.-6 ~ A"'~·vc..c.':\\o'N5'l~ [ Prope1ty # \?, :> ~1 B S ~ \ ?>3 V-\0 E~~<D0,ve-!I 1 h \-c..\(e._. ~eek ~\<.X. \/(;>.I a:>l:-3.0 Ji \ 'i ~ £,e-.-c.r "l:)·r', "e-\...G.~ ~e.t~G}(_ '-lo, -:>~~JO f Name l Pr~perty # -·-=-===-="·'"·"" =-=·· =·=--==·=· ='ir---·-----------··---------jl !~ame ii ~~ey# ~ l/;'--=---=================-of-------------------,-·1i Name ··-----·-----------------; Property# !!====-=-•-=-· =======;--==-===-=====l"·--·-----·------------·---/ Name 11------~·-------------' ~roperty# .. Name Property# /! i' 1 I l !============·-=========·=--=======-==·=-====-=-·-=· =-:=~--d 9 28 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 29 AGREEMENT VARIANCE# ____ _ (Number to be assigned by the Planning Dept.) I (we), the undersigned, do hereby respectfully make application, and petition the Frederick CountyBoard of Zoning Appeals (BZA) to grant a variance to the tenns of the Frederick County ZoningOrdinance as described herein. I agree to comply with any conditions for the variance required bytheBZA. I authorize the members of the BZA and Frederick County officials to go upon the property for siteinspection purposes. I understand that the sign issued to me when this application is submitted must be placed at the frontproperty line at least seven (7) days prior to the BZA public hearing and maintained so as to bevisible 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 myknowledge, true. SIGNATURE OF APPLICANT_-�_, _·_�..;;...''-":;:;:.._;,f%!+�__,_..),..;._o_···l_··--__ Q__..::;;;_;;.,'),(c-\_....::._�....:...=,'.�=· _.-_ .. _.::_)_ � ··')DATE��\d-\ {___ .. SIGNATURE OF OWNER -----------DATE __ ,(if other than applicant) � -OFFICE USE ONLY- / BZA PUBLIC HEARING OF ___ _ D APPROVAL � DENIAL SIGNED: DATE: ----- -DATE- BZA CHAIRMAN 11 ACTION: 03---21 30 _ .. _____ ··-· --l l 5.5" f ' ' ; ' ! ; .1 j i I { ..... --, l ~ t:'""J t o• ,...., 0 --::--I : ; .. I ~,r· \'.·. / : / 1 ; / ' : LOT 120A b-,nn ~ .... 1,.)'J'I..I ..._,.r, SPRJNGMANCR V.1 ELEV,. C . ... .. ) I ~"' ,.• ' l l ,.._ ._,,, 1 t:> 0 ,..., , __ -LJ I . ;. • L' 1 ;-•• ,,. -' I ~:::, ,~ t•-.. l r-: I 'I,.·"'"; ~ ... ~ ~ \ .. { I 31 BRIEL PC, ATTORNEYS Cltarlcs'fowl\ 'vW tvfai1in!!burg \>VV Wmcluster,VA Ashburn.VA The GRANTORS covenant that said GRAl"'\JTORS have the right to convey t~~ ·. aforesaid property; that the GRANTORS have done no act to encumber said property; and that the GRANTORS will execute such further assurances as may be requisite. WITNESS the following signatures and seals: STATE OF VIRGINIA CITY OF WINCHESTER I, the undersigned, a Notary Public in and for the jurisdiction aforesaid, do certify that Franklin Mark Connors and Gerilynn Ann Connors, whose names aTe signed to the foregoing I document, acknowledged the same before me this \ 4 day of<~ .. 1i.2,. (c;Jt.5 , 2020. ' My Commission Expires: 2-(.,_:./ .8 i2Dl>'-I Registration #; --? .c"_; ··7 (p l.\-4, _S Return to: Briel PC Attorneys 440 W. Jubal Early Dr., Suite 200 Winchester, VA 2260 I WRZ0-07-1504 VIRGINIA: FR~DERICl( CQUNTY.SCT. This instrumur.t oJ writin[! was prod1.1rnd tn me on q. J.k£f>~.,, ___ t.&1\:l/l-and with certificate acknowledgement thereto annexed was admitS1)o record. Tm< imposed by Sec. 58.1.-802 of c LJ57. . .,,.:] ____ , nnd 58.1-801 have been paid, if assessable. ~ .P+),cierk 2 32 URIEL PC, ATTORNEYS Ch.-ulesTown, WV Martinsburg. WV Wi1rllester, \11\ Ashburn. YA 200012568 . ,:;:-H n TIDS DEED, made thisi '·/' day ofjf9Tf ff1. f>tr6L, 2020, by and between Franklin Mark Connors and Gerilynn Ann Connors, Husband and Wife, GRANTORS; and Gene A. Fishel and Angela M. Fishel,, Husband and Wife, GRANTEES; WITNESSETH: THAT, for and in consideration of tile sum of TEN DOLLARS ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, the GRANTORS do hereby grant, bargain, sell and convey, in fee simple and with General . Warranty and English Covenants of Title, unto the GRANTEES, as Tenants by the Entirety with the right of survivorship, all that certain lot or parcel of land together with the improvements thereon and all appurtenances thereunto belonging, more particularly described as follows: All that certain tract or parcel of land situate in Opequon Magisterial District, Frederick County, Virginia, more particularly described as follows: Lot 120A, Phase 2, Section 5, SHENANDOAH, as the same is set forth in Deed of Dedication, Boundary Line Adjustment, Subdivision, Easement and Conveyance, and as set fo1th on Plat attached thereto, recorded as Instrument Number 170012835, among the land records of Frederick County, Virginia. AND BEING the same property conveyed to the Grantors herein by Deed dated February 22, 2019 and recorded as Instrument Number 190001666, in the aforesaid Clerk's Office. This conveyance is made subject to covenants, conditions, restrictions, easements and rights of way of record. .. --•, -~····· J l I II lj I Ii 11 33 Receipt: 20000019124 COURT ADDRESS: 5 NORTH KENT STREET WINCHESTER, VA 22601 PHONE# :540-667-5770 OFFICIAL RECEIPT FREDERICK CIRCUIT COURT DEED RECEIPT DA TE : 09/16/2020 TIME : 09 :18:28 RECEIPT#: 20000019124 TRANSACTION#: 20091600004 CASHIER : PAM REGISTER # : 6700 INSTRUMENT : 200012568 BOOK : GRANTOR : CONNORS, FRANKLIN MARK GRANTEE : FISHEL, GENE A RECEIVED OF : BRIEL ADDRESS : 144 EMPEROR DRIVE LAKE FREDERICK , VA 22630 DATE OF DEED : 09/14/2020 CHECK : $2,029.49 DESCRIPTION 1 : OP DIST 2: SHENANDOAH, SEC 5, PH 2, LOT 120A CONSIDERATION: $449,000.00 ANAL: $457,500.00 ACCOUNT DESCRIPTION GODE 035 VIRGINIA OUTDOOR FOUNDATION ,:::=035 : : DEED PRbcESSING i=E"E ' ... :·7 -.: •:·:· ::·_.::;i ;;::,-::: ·. .. ._, . ' · .. : :~·.. ,··.- .·. ·:..·· •• ,. '· 1''038 : STATE -~RANTOR TAX . .. ·:.;; ... ,.~.~~· . .:..~;:,~.-.. ;· :-·;·r~ '-: ',• 039 STATE GRANTEE TAX ... ~ .... ... 106 TECHNOLOGY TRST FND PAGE: PAID $3.00 $20.00 $228.75' $1 ,143.75 $5.00 ACCOUNT . CODE 145 CASE# : 069CLR200012568 FILING TYPE : DBS RECORDED : 09/16/2020 EX : N EX: N CASH : $0.01 PAGES: 002 PIN OR MAP : 876-5-2-120 OESCRIPilON VSLF TRANSFER:tl:.E ... -• ··. · 212 213 . . . . . ,.~ .. COUNTY~RANTEE: TAX 220 CO\JNTY ~BANTOR TAX 301 CLERK RECORDING/INDEXING FEE Page 1 of1 PAYMENT:FULLPAYMENT AT: 09:18 LOC: CO PCT: 100% OP:O NAMES: 0 PAID $3 .50 ·· . .,::;,· ··~$tOO . . · · · · ''. ·$381 .25 $228.75 $14.50 TENDERED:$ AMOUNT PAID : $ 2,029.50 2 ,029.50 PAYOR'S COPY CLERK OF COURT: REBECCA P. HOGAN RECEIPT COPY 1 OF 2 34 county of Frederick, Virginia 107 North Kent street Winchester, Virginia 22601 Lien Agent: LAKE FREDERICK, VA 22630 PHONE: 540-665-2313 Setback Report 111111111 llll II I I II Ill Ill llllll I Ill II 1111111111111111 Permit Number: 0003053 -2020 USBC: 2015 Application Date: 1112012020 Issuance Date: Renewal Date: Date: 1/08/2021 OWNER ·. ··. f>HONE: 000 000 0000 . . ''':·'''"?:'''.~'''·'·:·::'.E::'·;'~',:':''':''"':'~:·:''WS:·'WH:9'':5ffit;~·:·:'::·':W''·'·~·:'.:·:e::''''.',!':·::':''ti-':·'':::W:;;'':\:''':·'''·'"::''''"'!:'2'':·::3:'t'Biiriifflqflfgf;·qq'.:::: ·_···gflgp;)J;pffiJiPlf·::::r.:::::-:r::;:::::·::r···:5-y,7;;;:.;-:·~:::···:;-;:v::;;:·;w·s,:.:::::n::·'.r~:··;<::.Te::,::·:::::c:":·::>H :t . . RE Account #: 8049723 Health Permit e: Map Number: 878 5 2120 Floodplain: Lot: 120 Area: Section: District: Building#: Sub-Division: Directions To Site: 522 south, right on LaKe Fredefid[ oh\M/hd.~b\bn\:\ . _, .·. . ... ,:-;:\ {? ':: '':\;\ . w w Rachel Carson Drive, left on catjbi?1 :W.l)lte q[iy~:::ti.~:~;t on.'tMiiet:bf tri~~,:::::::J:;· r: MINI SETBACK FRONT 81' LEFT 18' ,i'·\ t6nsff,Ypl#\ \.New Back: 7' Center: ,,:,-·R-_g~t:fi \ 15' Left: 18' Frontage: .•:.,·:\::.,t<:>::;4·:.*::'.·••·•,:::::s::::r•-:::tt·1urmif tosttC:\:::tf::::;;<::c:::;::<::x:::;:::.::~. ioB VALUE: FEE: L---------------------~---------------------------------------------' 35 Deck Planner SoftwareTM Report 30 view l\1auck 09032020 Deck Planner S0ftwa1·e™ Report All lengths, areas, weights, masses and structural forc:es are expreued in U.S. Customary units unless otherwise specified. This report was created 9/3/2020 7:49 AM by Deck Planner Software'" Page 1 www.stronqtie.com Copyri!,!ht II;\ 2013· 2020 Simpson Strong· Tie Company Inc All rights reserved 36 Deck Planner Software™ Report .. ····-··· .. --------, .. , .•.. ·-·····-·····--····"' .. ''.' ' ...... , ... , ...... ····•···· ·-·-· "~--· .............. ..,,_.,....-~ ...... "' ....... .. Pennit Info Plan view construction (blocking Jlot shown for darity) LEVEL 1 --· --··11 I 11 I ' 1! ~\, ii ----, // II ,.. ' ' l, !1 il il !J ii Ji I .I 11 l I 11 ' l 11 l· 11 .1 ,1 fl ,! Ii 11 'I ll _l,.. ,., ... , .... --,.,, I i l --l -----' l -:,_, ----i --,'-"::;::;, ' ' ~-... -t l I I I 1, lj ! 1-I I .. p l 1 l ! H H I p ,I JL, I .1.:/-: • ,; ;=· -I I .. ',£,,.,_ .• <..., I J .............. .,.-~-•••-••••-·--•••-----K--• .... ~' iti:••ff -~---------------:>• Structural Information: Level 1 -·•·• ••••••• • ·-••• ~_., ·• --··---••••-•••••• _,,••~ --~-M,',~ ••-'-•·'•-,-·•-•----~-~--~-·--N -N• •·-•• H, • • •••••• •·••·• •• -,••.•,•-l j Height of level (top of decking) 1 . ! r-------1 · L ........ -·· Max. joist span J. Max. Joist c.mtilevr,n Max. beam span --. -··· ... ,., ....... · . -. . . Max. beam ,;antilever -·---·-·~------·-. --·"·-·---... . ..... -··-··--· . -·--! . 24" 114" 87 1/4" 6" 30'' footing c1rea (ea.) l.2 ft2 Designed live load 40 lb/ft1 Designed dead lo!ld 10 lbtte Deck and Post Height Your design height is 24' from the top of the decking to the ground level. The top of the deck support posts will therefore be 6" above ground level. Joists Set joists on top of beams, 16" center-to-center. Page8 www.stronqtie.com ((lpyri9ht lf> 2013·2020 Simµson Strong-Tie Company Inc. All rights reoeNed. 37 ,__ ! r-1 ! ! i . I ! ~ l • ! I I i I I I · ... ,, "'\ ,,.,, " V1SIT OECKS.COM FOR MORE F'REE DECK PLANS ------~---------·-~ ... , "''"" l-----··--··---------.. ~---------~~--~-''-"""'-"'·-"-·---·-__ ··_-_· "'_-_·_· -· --------~-~--~-· .. "'"'_··----------~--OCSCUIM£11: TlflS Pl.All IS 'IOl CONSIDERED C()l,IPI.£!£ UH\.£Ss AP!'ROV[O 9t ¥OUR LOCAL UUII.DIIIQ lt<SPCClOR OR SlRUClUltf<l CHGll<[tA". 81/tU>CR .lC(:[J>'IS hl.L Rt:SPOHSl~IUT'I »I~ LlASIU!Y. D£Cl<S,C04I U.C, AMD A5SC< 38 Front View 39 40 41 Name: Gene Alden Fishel DOB: 6/20/1940 MRN: 1992470 PCP: David Flack 1300 Jefferson Park Ave Charlottesville, VA 22908-02651 phone: 800-543-8814 fax: 434-243-2429 Uvahealth .com January 15, 2021 Re: Gene A Fishel DOB: 6/20/1940 To Whom It May Concern: Page 1 of 1 Mr. Fishel is a transplant patient and transplant patients must always remain protected from sun exposure due to higher risks of skin cancers and would benefit from a covered deck. Thank you for your time and attention to this matter. MyChart® licensed from Epic Systems Corporation © 1999 -2020 42 Board of Zoning Appeals Agenda Item Detail Meeting Date: April 20, 2021 Agenda Section: Public Hearings Title: Variance #04-21 for Old Virginia Land, LLC Attachments: BZA04-20-21VAR04-21.pdf 43 VARIANCE APPLICATION #04-21 OLD VIRGINIA LAND Staff Report for the Board of Zoning Appeals Prepared April 2, 2021 Staff Contact: Mark R. Cheran Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Board of Zoning Appeals to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. BOARD OF ZONING APPEALS HEARING DATE: April 20, 2021 Public Hearing - Action Pending LOCATION: The property is located in Shawneeland (Lot 57) on Chrysanthemum Trail. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 69A-1-30-57 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) District Land Use: Vacant ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Use: Vacant South: RA (Rural Areas) Use: Vacant East: RA (Rural Areas) Use: Vacant West: RA (Rural Areas) Use: Vacant VARIANCE REQUESTED: The Applicant is requesting a 29-foot left side yard variance to a required 50-foot left side yard setback which will result in a 21-foot left side yard setback, and a 29- foot right side yard variance to a required 50-foot right side yard setback which will result in a 21- foot right side yard setback for a single-family dwelling. REASON FOR VARIANCE: The property cannot meet the current setbacks of the RA (Rural Areas) District due to the size of the property. STAFF COMMENTS: Frederick County adopted zoning in 1967. The Frederick County historical zoning map shows this property 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 Districts to the current RA (Rural Areas) Zoning District. The Frederick County Board of Supervisors amended the setbacks for the RA Zoning District on February 28, 2007, making the current setbacks for this property 60-feet for the front, 100-feet for the rear, and 50-feet for the left and right-side yard. 44 Variance #04-21 – Old Virginia Land Page 2 April 2, 2021 The Applicant is requesting a 29-foot right and left side yard variance from the required 50-foot side setback. Should this variance be granted, it will result in a 21-foot right and left side yard setback, to allow for the construction of a single-family dwelling. STAFF CONCLUSIONS FOR THE APRIL 20, 2021 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. This proposed variance appears to 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 setbacks of the RA (Rural Areas) Zoning District may be justified. 45 69A 130 57 6901WARDENSVILLE GR 104BETA TRL 109BEE TRL 701CAPONSPRINGS TRL CAP ON S P R I NGS T RL C H R Y S A N TH E M U M TR LApplication Parcels µ Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: March 23, 2021 W A R D E N S V IL L E G RCA P ON S P RI NGS T R LWARDENSVILLE PIKE ARBUTIS TRLBASIL TRLCLOVER TRL0 110 22055 Feet VAR #04 -21 VAR # 04 - 21: Old Virginia Land, LLCPIN: 69A - 130 - 57Left and Right Side Yard VarianceZoning Map 46 69A 130 57 6901WARDENSVILLE GR 104BETA TRL 109BEE TRL 701CAPONSPRINGS TRL CAP ON S P R I NGS T RL C H R Y S A N TH E M U M TR LApplication Parcels µ Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: March 23, 2021 W A R D E N S V IL L E G RCA P ON S P RI NGS T R LWARDENSVILLE PIKE ARBUTIS TRLBASIL TRLCLOVER TRL0 110 22055 Feet VAR #04 -21 VAR # 04 - 21: Old Virginia Land, LLCPIN: 69A - 130 - 57Left and Right Side Yard VarianceLocation Map 47 48 49 50 51 AGREEMENT VARIANCE#04-21 (Number to be assigned by the Planning Dept.) I (we), the undersigned, do hereby respectfully make application, and petition the Frederick County Board of Zoning Appeals (BZA) to grant a variance to the terms of the Frederick County Zoning Ordinance as described herein. I agree to comply with any conditions for the variance required by the BZA. I authorize the members of the BZA and Frederick County officials to go upon the property for site inspection purposes. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the BZA public hearing and maintained so as to be visible from the road or right-of-way until the hearing. I hereby certify that all of the statements and information contained herein are, to the best of my _,.,, . --/ ; knowledge, hue. / � _ � I -�y f. fl � lo( '1:l"� ) / I · � t-t_.-r) SIGNATURE OF OWNER DATE ------------------(if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF ACTION: ---------------D APPROVAL D DENIAL SIGNED: DATE: ________ _ -DATE- BZA CHAIRMAN 11 52 53 54