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HomeMy WebLinkAboutBZA 10-20-09 Meeting AgendaAGENDA FREDERICK COUNTY BOARD OF ZONING APPEALS The Board Room Frederick County Administration Building 107 N. Kent Street Winchester, Virginia October 20, 2009 3:25 p.m. CALL TO ORDER, 1) Determination of a Quorum 2) Minutes of March. 18, 2008 3) Election of Officers and Adoption of Bylaws PUBLIC HEARING 4) Variance Request #01-09 of Brian S. Smoot for a four foot rear yard variance, resulting in a rear yard setback of 21 feet, for the construction of a single family dwelling. This property is located on Aylor Road (Route 647) at the intersection of Aylor Road and Westmoreland Drive (Route 1054), and is identified with Property Identification Number 75 -A -35C in the Shawnee Magisterial District. 5) 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 March 18, 2008. PRESENT: Kevin Scott, Chairman, Shawnee District; Robert Perry, Vice Chainnan, Stonewall. District; Dwight Shenk, Gainesboro District; Jay Givens, Back Creek District; and, R. K. Shirley, III, Opequon District. ABSENT: Eric Lowman, Red Bud District; and, Robert W. Wells, Member -At -Large. STAFF PRESENT: Mark R. Cheran, Zoning and Subdivision Administrator; Amber Powers, Planning Technician; and, Bev Dellinger, BZA Secretary. CALL TO ORDER The meeting was called to order by Chairman Scott at 3:25 p.m. On a motion by Mr. Shenk and seconded by Mr. Givens, the minutes for the January 15, 2008, meeting were unanimously approved as presented. PUBLIC HEARING Variance Request #01-08 of All Points Warehousing, LLC, submitted by Greenway Engineering, for relief from a 25 foot side yard setback to bring into conformity five existing warehouse buildings: 185 Cole Lane, resulting in 7.9 foot setback; 187 Cole Lane, resulting in 16.1 foot setback; 189 Cole Lane, resulting in 16.3 foot setback; 191 Cole Lane, resulting in 16.3 foot setback; and, 193 Cole Lane, resulting in 16.2 foot setback. This Property is located on the north side of Cole Lane (Route 762), approximately 1,000 feet south of Berryville Pike (Route 7), and is identified with Property Identification Number 54-5-5A in the Red Bud Magisterial District. ACTION — VARIANCE APPROVED Ms. Powers presented the staff report. Without resolution through a variance, the property's five existing one-stoiy warehouses, which were previously approved by the County in 1983, would be in violation of the Frederick County Code. Ms. Powers further stated that All Points Warehousing began construction of these warehouses, following County approval, in 1983. After construction was begun, a subdivision was approved by the County Subdivision Administrator on September 15, 1983, and established the side property line that created tax parcels 54-54A and 54-5-5A. The County approved the last of the warehouses to be built in 1984. FMi uta ook Page g d f 1514 1Vlinut is Fo arch 1 and 88 Zoning Appeals Recognizing that the development of this property, while not in conformance with the County Code, nevertheless was reviewed by and approved by the County Zoning Administrator, the applicant is requesting a side yard variance in order to bring the developed property into full conformance while maintaining the existing conditions. If granted, this variance request would essentially serve as a clean- up exercise for the issues associated with the parcel without causing detriment to neighboring properties. The Code of Virginia 15.2-2309(2) states that no variance shall be granted unless the application can meet the following requirements: 1. The strict application of the Ordinance will produce an undue hardship. 2. The hardship is not generally shared by the properties in the same zoning district and vicinity. 3. That the authorization of such variance will not be a substantial detriment to the adjacent property and the character of the district will not be changed by the variance. Ms. Powers stated that should this variance be granted, the building setbacks for this property would be 7.9 feet along 185 Cole Lane, 16.1 feet along 187 Cole Lane, 16.3 feet along 189 and 191 Cole Lane, and 16.2 feet along 193 Cole Lane. It appears that this variance meets the intent of the Code of Virginia and this request may be justified. Mr. Givens stated that Mr. Lawrence's letter indicated that 185 Cole Lane is legally nonconforming and it doesn't indicate that a side yard variance is needed. Should this Board act on 185 Cole Lane or is this one already taken care of? Mr. Evan Wyatt of Greenway Engineering identified himself as representing the applicant, All Points Warehousing. Mr. Wyatt stated that when staff looked at 185 Cole Lane, which is the front building, there was an issue of a 75 foot front BRL. Because the entire building already is in a front yard area, it's legally nonconforming. Greenway wanted to make sure if there was an issue where the corner of the building would be considered a side yard setback in lieu of a front yard setback corner, they wanted to cover it as part of this process. Mr. Givens asked if the Board is creating any conflict by staff saying it is all front and the Board approving a variance on the side. Mr. Wyatt responded the only reason they did that is because the ALTA survey shows the 75 foot front building restriction line, so it was more just to cover all bases. Mr. Wyatt stated this all started because All Points had the property in a position to sell. The property is actually separated into two parcels. The large warehouse building is on parcel 4A and the self-service storage facilities are on parcel 5A. The situation occurred because All Points was marketing both properties for sale; they have a purchaser and the condition of sale was that they would buy two properties. Normally what most purchasers do in a situation like this is get a firm like Greenway to prepare an ALTA survey, which is the most detailed survey, showing the boundary, the as -built conditions, easements and anything else that comes up in a title search. While preparing the ALTA, Greenway discovered there is a side yard encroachment with the five self-service storage buildings. They found that curious because the County has been diligent over time in requiring site plans for development and what they found out was that there was a site plan that All Points got approved in Mi utQggo k Page 1515 FFrv. ei o int Bard Zoning Appeals Minutes o Ntarefi 1 , 20 1982. The site plan showed the five self-service storage buildings; what was absent at that time was the side property yard, and after the County approved the site plan the following year, the Subdivision Administrator at that time approved a boundary survey which created the two lots and therefore struck what is now the side property line between those existing buildings. In other words, the subdivision came after the approved site plan. Mr. Wyatt further stated that what staff was comfortable doing was to say that things were nonconforming to a certain degree, but everything they were comfortable saying were legally nonconforming were things that were shown on the 1982 site plan. For example, over time Cole Lane has gotten to be a 60 foot right-of-way, but that happened after the site plan. Therefore, staff felt all the front yard setbacks were legally nonconforming. Staff could have said we would agree that the side property line is a nonconforming issue, but it was safer for them to say that since the subdivision occurred after the site plan approval, that's probably more of an issue that's in the hands of the Board of Zoning Appeals. There is also a case that can be applied for that's actually referred to in the application as an extraordinary situation. You have a situation that's out of compliance because of a County action and it's been in that condition for 25 years so it's not been a detriment to adjoining properties. This technically is a clean-up exercise. Staff feels the variance is the safest way to proceed with this. Mr. Shirley asked if there was any thought given to removal of the subdivision line. Mr. Wyatt replied the lot consolidation was considered. The problem is the purchasers want to buy two separate tracts of land which have been in existence. Over time, if the purchasers decide to redevelop the site, the new building would need to meet the 25 foot side yard requirement. The problem is if you consolidate the lot into one, you can't go back and re-establish the side yard to sell that property in the future because the building obstruction is already there. Mr. Perry asked if 185 Cole Lane is a moot point, whether we leave it in or take it out. Mr. Wyatt responded the County has been calling it a legally nonconforming structure, so it's how you want to act on it. But since we're here, if there was ever an issue with the side property line, we would take care of it here. If staff is willing to grant that building nonconforming status, they can, but they didn't specify that as side property line non -conformity, which is why we asked for it. There were no public comments in favor of this variance. Mr. Jim Madden identified himself as a member of the American Legion Post. Mr. Madden stated they have some concerns. One concern is the very last building to the north. The elevation of the Post's land is about ten feet above the floor line of that building and when that was excavated, it's almost a vertical drop of ten feet. There's an old dilapidated wire fence that protects someone from falling over the bank. Mr. Madden ftirther stated there is no stabilization of the bank and over time it may erode or wash away. If that happens, it's going to be eating into their land. The Post would like to have a written agreement with the purchasers that if the bank starts to wash away, they don't want to be liable to repair it or put a wall in there. The other concern Mr. Madden has is they were considering connecting onto public sewer and they don't have any way of doing this without a right-of-way either from Carlyle & Anderson or from the warehouse property owner. Maybe for some consideration for these violations over the years, they would be amenable to helping them out to find a closer location to hook onto sewer. Minute �$3rIviardli k Page 1516 tederrckint B and Zoning Appeals mutes o 1 , 20b Mr. Cheran stated if these properties should change the redevelopment, this variance is only for the existing conditions there today. The public hearing portion of the meeting was closed. Discussion Mr. Shenk made a motion to approve Variance 401-08. Mr. Givens seconded the motion and it passed by unanimous vote. OTHER Mr. Cheran talked about adopting an inclement weather policy into the Board of Zoning Appeals By -Laws. The Planning Commission and the Board of Supervisors, who hold public hearings, have adopted an inclement weather policy. The County rarely closes for inclement weather, but when it does, it's usually around 12 noon. Mr. Perry agrees totally and he feels that holding the meeting the next day, on 'Wednesday, at 3:25 may not be feasible because the weather may be as bad as or worse than on Tuesday. Mr. Perry feels that holding the meeting the next week, on Tuesday at 3:25, would be a better option. Mr. Cheran asked the Board to consider this and he will look over the State Code again because we do have certain time limits to act on hearings. Chairman Scott asked Mr. Cheran about the violation on Senseny Road. Mr. Cheran stated this is scheduled for a bench trial in the General District Court on April 15th. Mr. Cheran explained that the original property owner put an entrance onto Senseny Road, which can't happen under Frederick County Code or Comprehensive Plan which identifies major collector roads such as Senseny Road. The property owner got a VDOT permit. VDOT deferred to the County, the property owner was cited, he appealed and lost the appeal, the property was sold, the new property owner got a C. O., and he put up the landscape buffer and fence. A couple of weeks later, he took the fence down and now we're going to Court again. Mr. Cheran stated that the Skyridge Court appeal has been moved back to May and Mr. Fuels may be coming back, too. The Board of Supervisors won in Circuit Court for denying Mr. Fuels rezoning. The BZA denied their site plan. Chairman Scott asked Mr. Cheran if there were any applications for next month. Mr. Cheran responded not at this time. Mindute t o k Pag 1517 Mvmcirc oo nt $a d0 Zoning Appeals utes o arc vote. As there were no other items to be discussed, the meeting adjourned at 4:05 p.m. by unanimous Respectfully submitted, Kevin Scott, Chairman Bev Dellinger, Secretary Ninut, to kPag ff 1518 indutes o IV Laic 1 X20 Zoning Appeals COUNTY of FREDERICK i� Department of Planning and Development 5401665-5651 FAX: 5401665-6395 MEMORANDUM TO: Members of the Board of Zoning Appeals FROM: Mark Cheran, Zoning Administrator:% �' RE: Board of Zoning Appeals By -Laws DATE: October 5, 2009 Enclosed is a draft copy of the BZA's By -Laws. Please note the highlighted paragraph on page 3, where the original language stated "Regular meetings shall be held at the time and place set by the BZA (it thefirst meeting of each calendar year". The revised language, highlighted in yellow, allows the Board to name a day on which to have a regular meeting in case of inclement weather or other conditions. Because of the legal ad and adjoiner constraints, the next day after a regular meeting is canceled — Wednesday at 3:25 — would be the obvious choice. We will discuss this further at the meeting so that you may make a decision and adopt the Bylaws. MRC/bad 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 FREDERICK COUNTY BOARD OF ZONING APPEALS BY-LAWS (Adopted October 20, 2009) DRAFT ARTICLE I -AUTHORIZATION 1-1 The Frederick County Board of Zoning Appeals is established by and in conformance with Chapter 165 of the Code of Frederick County, and in accord with the provisions of Section 15.2-2308 of the Code of Virginia (1950), as amended. 1-2 The official name of this body shall be the Frederick County Board of Zoning Appeals, hereinafter referred to as the BZA. ARTICLE II -PURPOSE 2-1 The primary purpose of the BZA is to hear and decide appeals, variances, and interpretations of Chapter 165 of the Code of Frederick County, in accord with the provisions of Section 15.2-2308 Code of Virginia -(1 950), as amended. ARTICLE III -MEMBERSHIP 34 The membership of the BZA shall be open to residents of Frederick County, recommended by Frederick County Board of Supervisors, and appointed by the Circuit Court for the locality, as prescribed by Section 15.2-2308 Code of Virginia, (1950) as amended. The membership shall be no more than seven (7) members; or less than five (5) members. Terms of office shall be five (5) years. 3-2 Members shall notify the Chairman via the Zoning Administrator twenty-four (24) hours prior to the meeting, if a member is going to be absent or must abstain. As per 15.3- 2308 Code of Virginia, (195 0) as Amended. ARTICLE IV - OFFICERS 4-1 Officers of the BZA shall consist of a Chairman, Vice -Chairman and Secretary. The Chairman and Vice -Chairman must be voting members of the BZA. The Secretary shall be a County employee. — 1 — 4-2 The selection of officers shall be made by the voting members of the BZA at the first meeting of the calendar year. 4-2-1 Nomination of officers shall be made by the voting members of the BZA at the first meeting of the calendar year. Elections of officers shall follow immediately. A candidate receiving a majority vote of the entire voting membership shall be declared elected. 4-3 Duties 4-3-1 The Chairman shall: 4-3-1-1 Preside at meetings. 4-3-1-2 Rule on procedural questions. 4-3-1-3 Certify official documents involving the authority of the BZA. 4-3-1-4 Certify minutes as true and correct copies. 4-3-2 The Vice -Chairman shall: 4-3-2-1 Assume the full powers of the Chairman in the absence or inability of the chairman to act. 4-3-3 The Secretary shall: 4-3-3-1 Ensure that attendance is recorded at all meetings. 4-3-3-2 Ensure that the minutes of all BZA meetings are recorded. 4-3-3-3 Notify members of all meetings. 4-3-3-4 Prepare agendas for all meetings. 4-3-3-5 Maintain files of all official BZA records and reports. Official records and reports may be purged in accordance with applicable state codes. 4-3-3-6 Give notice of all BZA meetings, public hearings. 4-3-3-7 Provide to the Circuit Court reports and recommendations of the BZA. 4-3-3-8 Attend to the correspondence necessary for the execution of the duties and functions of the BZA. - 2 - 4-4 Term of Office 4-4-1 Officers shall be elected for a one-year term or until a successor takes office. Vacancies shall be filled for an unexpired term by a majority vote of the BZA. In such cases, the newly elected officer shall serve only until the end of the calendar year or until a successor takes office. ARTICLE V- MEETINGS 5-1 At the first meeting of each calendar year, the Board shall fix the date, time and place of all its regular meetings for the ensuing calendar year, and shall fix the day on which a regular meeting shall be continued should the Chairman later declare that weather or other conditions make it hazardous for members to attend. 5-2 Notice of all meetings shall be sent by the Secretary with an agenda at least five (5) days before the meeting. 5-3 All meetings of the BZA shall be open to the public except for Closed Sessions held in accordance with the provision specified under Section 2.1-344(A) of the Code of Virginia, (1950), as amended. ARTICLE VI - VOTING 6-1 A majority of voting members shall constitute a quorum. No action shall be taken or motion made unless a quorum is present. 6-2 No action of the BZA shall be valid unless authorized by a majority vote of those present and voting. ARTICLE VII - OPERATING RULES 7-1 Order of Business 7-1-1 Call to Order 7-1-2 Consideration of Minutes 7-1-3 Public Hearing 7-1-4 Other 7-1-5 Adjournment - 3 - 7-2 Minutes 7-2-1 The BZA shall keep minutes of each meeting. The Chairman and Secretary shall sign all minutes following approval by the BZA certifying that the minutes are true and correct. Minutes made available to the public prior to formal approval by the BZA shall be clearly identified as a draft version of the meeting. 7-3 Procedures 7-3-1 Parliamentary procedure in the BZA meetings shall be governed by Robert's Rules of Order Simplified and Applied, except where otherwise specified in these procedures. 7-3-2 When a motion has been made and defeated, additional, different motions may be made concerning the item under consideration. 7-3-3 Business items on the agenda shall be considered using the following procedures: 7-3-3-1 Report by County Staff 7-3-3-2 Presentation by Applicant 7-3-3-3 Citizen Comment 7-3-3-4 Rebuttal by Applicant 7-3-3-5 Discussion by BZA 7-3-3-6 Motion and Action by BZA 7-3-4 Public comment shall be allowed in all cases required by the Code of Virginia, (1950), as amended. 7-3-5 The BZA members may ask questions of clarification and information after the staff report, applicant presentation and citizen comment. 7-3-6 Petitions, displays, documents or correspondence presented at a meeting may be made part of the official record of the meeting by motion of the BZA and are to be kept on file by the Secretary. Such items need not be made part of the published minutes. 7-3-7 Public Hearings - 4 - 7-3-7-1 The BZA shall hold public hearings on all items as required by the Code of Virginia, (1950), as amended. Such public hearing shall be advertised and notifications provided as required by the Code of Virginia, (1950), as amended. 7-3-7-2 The Chairman may establish special rules for any public hearing at the beginning of said hearing. These rules may include limitations on the time of staff report, applicant presentation and citizen comment. 7-3-8 Tabling 7-3-5-1 The BZA shall have the authority to table agenda items if any one of the following situations occurs: A) The agenda item does not meet the requirements of the Code of Virginia, (1950), as amended. B) The agenda item does not meet the requirements of the Code of Frederick County. C) Insufficient information has been provided for the agenda item. D) Issues or concerns that arise during formal discussion of the agenda item warrant additional information or study. E) The applicant provides the Frederick County Zoning Administrator with a written request to table the agenda item. F) The Frederick County Zoning Administrator is advised of an emergency situation that prevents attendance by the applicant. G) The applicant fails to appear at the meeting in which the application has been advertised to be acted upon. ARTICLE VIII - AMENDMENTS 8-1 These by-laws may be amended by a majority vote of the entire voting membership after thirty days prior notice. 8-2 BZA shall conduct an annual review of these by-laws to ensure their accuracy. All amendments to these by-laws shall be considered by the BZA in December of each calendar year. The BZA shall adopt their by-laws during the first meeting of each calendar year. - 5 - VARIANCE APPLICATION 90 1 -09 BRIAN S. SMOOT Staff Report for the Board of Zoning Appeals Prepared: October 1, 2009 Staff Contact: Mark R. Cheran, Zoning Administrator This report t is prepay ed by the Frederick County Planning Staff to provide information to the Board of Zoning Appeals to assist then? in making a decision on this request. It may also be useful to others interested in this zoning matter. BOARD OF ZONING APPEALS HEARING DATE: October 20, 2009 - Action Pending LOCATION: Aylor Road (Route 647) at the intersection of Aylor Road and Westmoreland Drive (Route 1054). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 75 -A -35C PROPERTY ZONING & USE: Zoned: RP (Residential Performance) Land Use: Vacant ADJOINING PROPERTY ZONING & USE: North: RP (Residential Performance) South: RP (Residential Performance) East: RP (Residential Performance) West: BI (Neighborhood Business) Use: Vacant Use: Residential Single Family Dwelling Use: Vacant Use: Abundant Life Church VARIANCE REQUESTED: The applicant is requesting a four foot rear yard variance, resulting in a rear yard setback of 21 feet, for the construction of a single family dwelling. REASON FOR VARIANCE: VDOT improved AyIor Road, making this lot unusable by the Frederick County Code. Variance #01-09, Brian S. Smoot October 1, 2009 Page 2 STAFF COMMENTS: Frederick County adopted zoning in 1967. The Frederick County historical zoning map shows this property was zoned R2 (residential general). The property setback lines at the adoption of the Zoning Ordinance were 35 feet in the front, 10 feet for the side yards, and 35 feet to the rear. Frederick County amended its Ordinance in 1989 to change the R2 zoning districts to the RP (Residential Performance) Zoning District, making the current setbacks for the property 35 feet to the front, 25 feet to the rear, and 10 feet to both sides. According to recorded plat under Deed Book 679, Page 763, the property was originally platted for a total of 19,995 square feet. Due to VDOT's (Virginia Department of Transportation) road improvements on Aylor Road (Route 647), the lot was reduced to 8,607 square feet, a difference of 11,388 square feet. With that road improvement, the lot lost a significant amount of lot length, thereby making it difficult to build a house at today's setback standards. Due to this hardship, the applicant is seeking a variance of four feet in the rear. The property adjacent to the site of the property's proposed reduced setback is presently vacant and a large parcel. It should be noted that the applicant has not submitted a house building plan for the lot, but has made this variance request based on a typical building footprint. It may be appropriate to delay any variance until such time as the house design is formalized. Without knowing what House will be constructed on the lot, the applicant risks having to return to the BZA again in the future because the building plans may not be accommodated by this speculative variance request being sought today. STAFF CONCLUSIONS FOR THE OCTOBER 20, 2009 MEETING: The Code of Virginia 15.2-2209 (2), states that no variance shall be granted unless the application can meet the following requirements: 1) The strict application of the Ordinance will produce an undue hardship. 2) The hardship is not generally shared by the properties in the same zoning district and vicinity. 3) That the authorization of such variance will not be a substantial detriment to the adjacent property and the character of the district will not be changed by the variance. The applicant is seeking a variance of four feet for the rear yard in order to construct a single-family dwelling. Should this variance be granted, the building setbacks for this property would be 35 feet from Aylor Road (front), 10 feet on both sides and would change to 21 feet on the rear property line. C:isu Planner Mcheran 0 F.1— R137 8yp... dMVAR010D - 5-5-1 001000 -1- mys 125 4w N'..W M(R—I.— N,—.) 4M t:,l %U .1 TA�T-j 4M w lkenJmuxl m.... lld.-) I'll 4M UK 011,1— IIA --11— nlatrlvll "n, DW .) 4M R< . ....... uq I51+Irl, 11 250 500 Feet Brian S. Smoot 75 A 35B VAR# 01 -09 Variance Request SMOOT JOHN W & BARBARA J PIN: 75 - A - 35C Current Zoning Map 75 A36 ABUNDANT LIFE CHURCH 4;. 51cphens aly. VA C, 0,P Alt 75E 13197 75 A 37 REARDON MICHAEL & FRANCES F ABUNDANT LIFE CHURCH 0* 75E 13 1 JENNELLE SHEILA MARIE & DAVID 75 A 39 75 A 38 8C & 8vv L ,71ll,EllPW,SESLLC 75E 13 2 NEWLIN THELMA C:isu Planner Mcheran 0 F.1— R137 8yp... dMVAR010D - 5-5-1 001000 -1- mys 125 4w N'..W M(R—I.— N,—.) 4M t:,l %U .1 TA�T-j 4M w lkenJmuxl m.... lld.-) I'll 4M UK 011,1— IIA --11— nlatrlvll "n, DW .) 4M R< . ....... uq I51+Irl, 11 250 500 Feet APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA -OFFICE USE ONLY - Variance Application No. Submittal Date:f , Fee Paid:ee5s initials: Sign Deposit Submittal Deadline: D For the meeting of M MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is to list all owners the property . (Check one) 2. APPLICANT: Q NAME: Pp,12,tWSfyt ADDRESS 7y0 90 TELEPHONE: ; r j 7,;9 qW adult occupants or parties in interest of OCCUPANT: (if different) NAME: ADDRESS: TELEPHONE: The property is located at (give exact directions and include State Route numbers): ujVi 5,rt ln°o ti' HQ *700 Gyt-a R 99 AT QQ , NTCR CG r r� The property has a road frontage of 100 feet and a depth of 90 D9 and consists of mat; acres (please be exact). Page 5 of 9 feet 5. The property is owned by 'a�TC as evidenced by deed from yg�,Av_ m i"ot K recorded (previous owner) in deed book no. 9 tz c) on page P Loc, of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: LA �5u R W t4 IE 5-_ 7. Property Identification No.: S. The existing zoning of the property is: 19195 W, 9. The existing use of the property is: 0%JV 0 L_sa 1--�0 10. Adjoining Property: USE North 09SW �_G t4o East OpiF_k4 t_Ao Q South Rat-Ao West c,r AOticy4 ZONING RI' RP RaA0 �i 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.") RIP-iAe `?A£.0 Ok _r, -AE NAGm 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 1: M F:ty-4 V -C) Qkd1-o R Rc;cz, —C-) Page 6 of 9 13, Additional comments, if any: 14. The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the variance is being sought, including properties at the sides, rear and in front of (across street from) the subject property. (Use additional pages if necessary,) These people will be notified by mail of this application: NAME i� L U..►4}i i1T �t �r �„3-i L�. Address 5` OP , O TY IV (A iv I's r' Property ID # 94ag1 75A 31 Address '] c_.1 Lc -Q Rt`,S O --J (A 09965 5 Property ID # 9 L{ o*3c: "7 5 th - (11 Address Property ID # +` � SA _ a 0 Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # Page 7 of 9 15. Provide a sketch of the property (you may use this page or attach engineer's drawing). Show proposed and/or existing structures on the property, including measurements to all property lines and to the nearest structure(s) on adjoining properties. Please include any other exhibits, drawings or photographs with this application. Page 8 of 9 1. NO TITLE REPORT FURNISHED, EASEMENTS AND/OR OTHER ENCUMBRANCES OF RECORD MAY EXIST WHICH ARE NOT SHOWN HEREON. 2. THIS PLAT IS THE RESULT OF A CURRENT FIELD SURVEY. 3. LOT 1 IS CURRENTLY IN THE NAME OF BRIAN SCOTT SMOOT PER DEED RECORDED IN DEED BOOK 930 AT PAGE 860 AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. 4. LOT 2 IS CURRENTLY IN THE NAME OF PAUL MICHAEL SMOOT PER DEED RECORDED IN DEED BOOK 930 AT PAGE 862 AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. T.M. #75—A-36 ABUNDANT LIFE CHURCH Ln v INST. #030020832 IRF r7 d"�� o l 4 / 1O• Lp 61 �� IRIRS z ,`lam ,LCA / ,,sem 4 ,yam C'5 IZ2 IRF / �'� .,� �. , , hQ)�°� 'S''°' '�v'1i� f �Dchi 01 Ory d°' �s N Q6), IRS \ • 0' ez 0 STEPS IRF �. 0, 4F�6'0, m`�3.01 /V tiQ(9a �. SEWER ESMT. �i Q T.M. #75—A-37 IRS�� ABUNDANT LIFE CHURCH Q 0019883 INST. #03 / PLAT SHOWING PROPOSED DWELLING LCT 1 & LOT 2 FUNK DIVISION 0p SHAWNEE MAGISTERIAL DISTRICT D FREDERICK COUNTY, VIRGINIA SOL 0 SCALE: 1" = 30' DATE: SEPTEMBER 21, 2009 REVISED: SEPTEMBER 29, 2009 > A. o Rs MONTGOMERY e. Lie. No. 2342 - o 81101 reeriffo 1wraup, JI1C. ki 132 Saddleback Lane (540) 450-3236 VOICE wnchester, VA 22602 (54Q)45(F323G FAX MEG X09-034 www.mcq=mba AGREEMENT VARIANCE # 6 / — Q� (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 Q days prior to the BZA public hearing and maintained so as to be visible from the road or right-of-way until the hearing. I hereby certify that all of the statements and information contained herein are, to the best of my knowledge, true. SIGNATURE OF APPLICANT DATE F3- 19 -vet SIGNATURE OF OWNER (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF /0/jokq ACTION: AT - SIGNET): APPROVAL BZA CHAIRMAN DENIAL DATE: Page 9 of 9 DATE BEFORE ROAD IMPROVEMENT X+ b l a o} ti cO Z —M E TRUSTEES OF THE FULL GOSPEL Q ASSEMBLY OF GOO D.B. 664 - P. 486 S 40• ST 43" E - 764 -------200-0(X--- 559.58' —�-W SEWER FENT C x i L] i LOST I19,9951 y SQ. FT: c� < ; ; 200.00' S� � i w = C o i LOT 2 4 19.995so. FT. $ O7fw N 400 ST 43" w 200.00' 0 874W _ n N4y5i33"W - CIS OTHER LAND g NOTE TRACT A - AREA TO BE $,$A OEMCATED FOR AVWVEINETVT 4P- OF VA. ROUTE 64P- 47S sa FT. 47S X+ b l a o} ti h P i ... ........... ............... . .... ..... -- .......... j bs 20' 32' Proposed House 26X48 in ire Aylor Road Nearest Structures Proposed House 180' , Aylor Road Does not Border oes not Border o � `o Fox E 837 A for m Jennelle 100 Westmoreland ►AVAL PLA r.• FUNK DIVISION W 7 s Pc 7 8 2 VA. ROUTE 64 7 OPEQUON DISTRICT FREDERICK COUNTY VIRGINIA ZONW: RP 28 JANUARY 1988 Cl Qi wA 1 'SITE 3,R D N I1TOWN1E _. =p • iS !!! a it yows"ouitt I !NR el��.-. %za APPROVALS: VINI NA DEPARTMENT OF TRANSPORTATwai l � ���- -- � GATEAaZll ZZAt FRtDEMCX COUNTY SANITATION AUTN=Tv/ —lr�^ ' DATE �+ FREDERICK COUNTY $M11413ION T FREOERIp( COUNTY PLANRRafiQ C T S FREDERICK COUNTY BOARD OF KPtPBUM DATE OWNER'S CERTIFICATE: TM ON SION, A9 IT APPEARS ON THIS PLAT, 19 KITH THE FREE CONSENT AND N �ACCOROAR"E WITH THE DESIRES OF THE UNAERSIONLO OWNER, AGENT OR TRUSTEE. 4 ' 1079PG764 The Accompanying Plat represents a DIVISION SURVEY of s Portion of the Lend convoyed to Frank M. Funk and A1aea F., Punk by Deed dated 11 l;eeemaber 1962 in Deed Book 284, Page 449. Tho sold Lnnd fronts tha Northwustoru Boundary Line of Yr. Route 647, and lies in Opequon 13imtrict, Frederick County, Virginia; 13e91nning at an iron pin (found} 14, the Horthwentern Line of Ya. Route 647,.a corner to the Full Gospel Assembly of a Cod Lend; chance with the said Line, N 47° 45' 03" E - 350.43 Ft. to an iron pin, a corner to tho Retained Portion; thence with I ' the Sonthwestarn Line of the amid Uahor Land, N W 51' 33" G -879.IS' ft, to an iron pin In the Southeanlorn Lino of interstate J Routo 81; thence with Cho said Line. S 250 37' 08" 11 - luo.uU ft. to an iron pin (found), a corner to ilia auid a+nll Unspol Assembly of Cod Lund; thence with the Northeastern Line of the Raid Lnnd, S 4U° 57' 43" E - 764,58 ft, to the beginning, n Containing: 5.945 Acres f Surveyed: 20 January 1988 4IRG1MM- FREDERiC ODUN Y, SM lhls kaburmtt t+f 1"kq was p to m� the I h a scknowlsdgment thtaeta artrts�ed was &dnAled to,.c+a+t1. �,CLERK 4 JRi:[43 3AR4 NLt. �4[%1VIO WbAY E9301' 0360 THIS DEED OF GIFT made and dated this // day of March, 1994, by and between FRANK M. FUNK, Widower, party of the first part, hereinafter called the Grantor; and, BRIAN SCOTT SHOOT, Unmarried, party of the second part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the Bum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey with general warranty and English covenants of title, unto the Grantee, in fee simple, all that. certain lot or parcel of land, together with all rights, rights of way and appurtenances thereto belonging and improvements thereon, lying and being situate in opequon Magisterial District, Frederick County, Virginia, and more particularly described as Lot i on that certain plat and Burvey by L. Allen Ebert, L.S., dated January 20, 1980, of record in the Clerk's office of the circuit Court of Frederick county, Virginia, in Deed Book 679, Page 762, to which reference iB made for a more particular description and derivation of title. This is the same property conveyed to Frank M. Funk and Alma E. Funk, his wife, by Deed dated t December 11, 1962, said deed of record in the aforesaid Clerk's office in Deed Book 284, Page 449, the said Alma E. Funk having since died in 1979. 1 i I , W1eC1I. IlIVrP ,xa exo'nN � I I 3t930PG336 This conveyance is made subject, however, to all rights, rights of way and easements of record, if any, affecting the aforesaid property and particularly, a twenty (201) foot utility right of way is reserved across the rear I property line of said lot. I Grantee agrees not to sell said lot for a period of two (2) years without the consent of the Grantor or his l personal representative. WITNESS the following signature and seal: ! (s L) Prank X.VFunk STATE OF VIRGINIA, AT -LARGE, CITY OF WINCHESTER, to -wit: The foregoing instrument was acknowledged before me this fl day of March, 1994, by Frank M. Funk, Widower. My commission expires c % q� 'mac eta -'j "9 - Notary PublJX MFtC* S MWER ac Go' ffr scr R,_ ��day C1 Q , 19 p10dUCad/IO mo 1 rru` Y1�, �.11t((w(r"IrCr'�,tec�Ft,el.--[ and with ¢eNileale OF ack.iflw¢ed9menl theleso anrrerted osed Uy SQD� and r6E tw97ahpheon paid. it essa sable! o,e S 4z'h" ,,�, Clerk 2 1�J TAX MAP #75 -A -35C RW -16 Revised 6/02 PREPARED BY VDOT UNDER SUPERVISION OF THE OFFICE OF THE ATTORNEY GENERAL Exempted from recordation taxes and fees under Sections 58.1-811(A)(3), 58.1-811(C)(4), 58.1-3315, 25-249, 42.1-70, 17.1-266, and 17.1-279(D) This Deed, made this 11th day of September, 2002, by and between Brian Scott SMOOT, hereinafter designated as Grantor, and the COMMONWEALTH OF VIRGINIA, Grantee, WITNESSETH: In consideration of the sum of $37,500.00 paid by the Grantee to the Grantor, receipt of which is hereby acknowledged, the Grantor hereby grants and conveys unto the Grantee in fee simple, with general warranty and English Covenants of Title, the land located in Opequan Magisterial District, in the County of Frederick, and described as follows: PARCEL 425: Being as shown on Sheet 8 of the plans for Route 647, State Highway Project 0647-034-223, C-501, and beginning on the southeast (right) side of the construction centerline from the lands now or formerly belonging to the Trustees of the Abundant Life Christian Center Assembly of God opposite approximate Station 137+24, and ending on the northwest (left) side of said cenlodine., the lands now or formerly belonging to Paul Michael Smoot, opposite approximate Station 138+42, and containing 0.261 acre, more or less, land; together with the temporary fight and easement to use the additional areas shown as being required for the proper construction of cut and/or fill slopes, containing 0.031 acre, more or less; said temporary easement will terminate at such time as the construction of the aforesaid project is completed; and being a part of the same land acquired by the Grantor from Frank M. Funk, widower, by deed dated March 11, 1994, and recorded in Deed Book 930, Page 860, in the office of the Circuit Court of said County. For a more particular description of the land herein conveyed, reference is made to photocopy of Sheet No. 8, showing outlined in RED the land conveyed in fee simple, and outlined in ©RANGE the land conveyed for temporary easement, which photocopy is hereto attached as a part of this conveyance and recorded simultaneously herewith in the State Highway Piat Book . IZ2 , Page . 15� �g The Grantor by the execution of this instrument acknowledges that the plans for the aforesaid project as they affect his property have been fully explained to him or his authorized representative. The Grantor covenants and agrees for himself, his heirs, successors and assigns, that the consideration hereinabove mentioned and pard to him shall be In lieu of any and all claims to compensation for land, and for damages, if any, to the remaining lands of the Grantor which may result by reason of the use to which the Grantee will put the land to be conveyed, including such drainage facilities as may be necessary. WITNESS the following signature and seal: (SEAL) "rian Scotyb18,moot STATE OF � t The foregoing instrument was acknowledged before me this day of Cy1-64ae-- 2002, by Brian Scott Smoot. My Commission expires Y) , J �, a Co 0 (0 %► D VIRGINIA: FREDERICK COUNTY, SCC. This instrument of writing was produced to me on Notary Public ., LI -at1a�a 0'e. creel wilh certificate W arUmledgemcnt thereto annexed ,vas admitted to record. Te imposer] by Scc. 58.1-8112 of 2 $ , and 58.1-1901 have been paid, if a.wssable ,Clerk