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Home My WebLink AboutBZA 01-15-08 Meeting AgendaAGENDA FREDERICK COUNTY BOARD OF ZONING APPEALS The Board Room Frederick County Administration Building 107 N. Kent Street Winchester, 'Virginia January 15, 2008 3:25 p.m. CALL TO ORDER 1) Determination of a Quorum 2) Minutes of December 18, 2007 3) Election of Officers and Adoption of Bylaws PUBLIC HEARING 4) Variance Request #26-07 of Winchester Regional Airport, for a 15 foot front yard variance, resulting in a front yard setback of 45 feet. This property is located at 491 Airport Road (Route 645), and is identified by Property Identification Number 64-A-79, 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 December 18, 2007. PRESENT: Theresa Catlett, Chairman, Opequon District; Robert Perry, Vice Chairman, Stonewall District; Dwight Shenk, Gainesboro District; Kevin Scott, Shawnee District; Eric Lowman, Red Bud District; Jay Givens, Back Creek District; and, Robert W. Wells, Member -At - Large. ABSENT: STAFF PRESENT: Mark R. Cheran, Zoning and Subdivision Administrator; Lauren Krempa, Planner I; and, Bev Dellinger, BZA Secretary. CALL TO ORDER The meeting was called to order by Chairman Catlett at 3:25 p.m. On a motion by Mr. Shenk and seconded by Mr. Lowman, the minutes for the November 20, 2007, meeting were unanimously approved as presented. The cut-off date for the January meeting is Friday, December 21, 2007. Mr. Cheran stated that as of now, there are no applications but there will be a meeting in January. PUBLIC HEARING Variance Request 425-07 of Red Apple Group, for a 30 foot left side yard variance, resulting in a left side yard setback of 20 feet. This property is located at 277 White Hall Road (Route 671), and is identified by Property Identification Number 32 -A -68E, in the Stonewall Magisterial District. ACTION — VARIANCE APPROVED Mr. Cheran presented the staff report. The applicant is seeking a variance of 30 feet on the left side to correct a setback for an existing dwelling. The reason for this variance is to correct the dwelling encroachment on the building restriction line, which was not discovered until resale. The building restriction lines for this property on the approved plat are 60 feet front, 50 feet right side, 45 feet left side and 50 feet to the rear. The left side of the dwelling is encroaching 30 feet over the setback line and this new setback will be measured from the existing right-of-way on the adjacent lot. Mr. Cheran further stated that Section 165-23H(1) of the Frederick County Zoning Ordinance provides the survey location requirements for primary structures and states that, "A surveyor licensed in inutl� Pag �1506 ds o gecDe807muteoer1, 0 the Commonwealth of Virginia shall establish the location of any primary structure that is five feet or less from any minimum setback requirement". The permit holder submitted an application for building permit 4451-2004 on March 15, 2004, with setbacks of 80 feet front, 165 feet right side, 65 feet left side and 180 feet to the rear. Therefore, the applicant was not required to submit a setback survey for this property. The Frederick County Building Official issued a Certificate of Occupancy for this dwelling on November 24, 2004. This setback violation was discovered during a title search for resale of this property. The Code of Virginia 15.2-2309(2) states that no variance shall be granted unless the application can meet the following requirements: I . 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. It appears that this variance request meets the intent of the Code of Virginia, Section 15.2- 2309(2). The property was acquired in good faith by the owner and with no previous knowledge of the setback violation. This request from the current setbacks of the RA zoning district may be justified. Mr. Perry asked Mr. Cheran if this right-of-way was recorded on the original plat. Mr. Cheran replied that it is on the original plat and it was recorded. in 1992 when this subdivision was created. Mr. Givens stated he recognizes why a site plan wasn't required because the setbacks seemed to be all right, but this house doesn't even look like it was set close to what they said. How could it have not been noted by someone through the process? Mr. Cheran responded that he could only speculate. The builder came in with the setbacks and we go with what's on the permit. Chairman Catlett stated that the current owner had the property built in 2004 and Mr. Cheran responded that is correct. The builder, Mr. Shifflett, agreed to abide by all the zoning ordinances when he applied for the permit. Ms. Bonnie Edwards of ReMax stated she is representing the applicant. Ms. Edwards stated she believes at the time the house was built, it was 45 feet not 60 feet, from the edge of that line. Mr. Cheran said what Ms. Edwards is saying is that actually the plat has 45 feet from the edge of the easement and it should have been 60 feet That hasn't changed; when it was done in 1992, it should have shown 60 feet. Mr. Givens stated that the plat was approved at 45 feet so that was a County approval, so 45 feet is the side yard setback. Their permit said they were going to be 65 feet off of that so if it had been 65 feet, it would have been 20 feet inside the easement. It turns out being 30 feet outside the easement so the house was set 55 feet to the left side from where it was proposed to be set. Mr. Givens stated this isn't a little bit of an error. 1507 Minuteo k Page Fgr�deric unty BBoar o o ng Appeals Mznutes 0 ]�ecembex Chairman Catlett asked if Mr. Shifflett built the house as a spec and sold it and Ms. Edwards responded yes, he sold it to Red Apple Group. Ms. Edwards is now re -selling the house. Mr. ferry asked if the private drive -way is being used and Ms. Edwards replied just by one household. Mr. Givens asked if it could be used by any other property and Ms. Edwards responded that's the only property. Group. Mr. Wells asked who owns the fence and Ms. Edwards stated the fence belongs to the Red Apple There were no citizen comments. Discussion Mr. Shenk made a motion to approve Variance #25-07. Mr. Scott seconded the motion and it passed by unanimous vote. \1 ■ Val Mr. Cheran introduced Mr. R. K. Shirley,111, of the Opequon District, who will be taking the place of Chairman Catlett. Chairman Catlett's reappointment ends this month. Mr. Cheran thanked Chairman Catlett for her time on the Board of Zoning Appeals. Mr. Cheran introduced Mr. Dana Johnston, Zoning Inspector, who will be working with the Board as Ms. Lauren Krempa will be leaving the County. Mr. Cheran asked the Board to look over their Bylaws before the January meeting. Election of officers and adoption of the Bylaws will take place at the January 2008 meeting. vote. As there were no other items to be discussed, the meeting adjourned at 4:10 p.m. by unanimous Respectfully submitted, Theresa Catlett, Chairman Bev Dellinger, Secretary Ninutinut� o k Page 1508 es�dcric �unty �oard oft ing Appeals o ecem er 18, 0 VARIANCE APPLICATION #26-07 WINCHESTER REGIONIAL AIRPORT Staff Report for the Board of Zoning Appeals Prepared: January 2, 2005 Staff Contact: Marls R. Cheran, Zoning Administrator This report is prepared by the Frederick Counter Plcrrinirzg Staff to pi-ovide information to the Board of Zoning Appeals to assist there 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: January 15, 2008 - Action Pending LOCATION: 491 Airport Road (Route 645) MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 64-A-79 PROPERTY ZONING & USE: Zoned: RA (Rural Arcas); M-1 (Industrial Light) Land Use: Winchester Regional Airport ADJOINING PROPERTY ZONING & USE: North: R-4 (Residential Planned Development) Use: Vacant South: M -I (Industrial Light) Use: Industrial Use East: M-1 (Industrial Light) Use: Industrial Use West: RA (Rural Areas) Use: Vacant VARIANCE REQUESTED: The applicant is requesting a front yard variance of 15 feet, which will result in a 45 foot front yard setback for a proposed aircraft hangar. REASON FOR VARIANCE: Difficulty in locating proposed hangar due to FAA requirements and the size and height of the proposed hangar. Variance ##26-07, Winchester Regional Airport January 2, 2008 Page 2 STAFF COMMENTS: The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle) identifies the subject property as being zoned A-2 (Agricultural General) when Frederick County adopted zoning in 1967. The property setback lines at the adoption of the zoning ordinance were 35 feet for the fronts and 15 feet for the side yards. Frederick County amended its Ordinance in 1989 to change the A-2 zoning districts to the current RA (Rural Areas) Zoning District. The current setbacks for this property are 60 feet to the front, 50 feet to the rear, and 50 feet to both sides. The applicant is planning to construct an aircraft hangar of approximately 54,000 square feet in size. Due to FAA requirements and current runways and taxiways, the applicant will have difficulty in locating and constructing the hanger on this property. The applicant is requesting a front setback variance of 15 feet resulting in a 45 foot front setback to allow for this hanger to be located and constructed on this property with respect to the airport transition zone, runways, and taxiway. Section 165-50 of the Frederick County Zoning Ordinance allows a by -right use for the Winchester Airport to be located within the RA (Rural Areas) zoning district. This property is a unique land use (Winchester Regional Airport) and the strict application of the current RA setbacks and FAA requirements will result in a substantial detriment and hardship to the current and any future development and use of this property. STAFF CONCLUSIONS FOR THE JANUARY 15 2008 MEETING:. The Code of Virginia 15.2.2309 (2), states that no variance shall be granted unless the application can meet the following requirements: 1) The strict application of the Ordinance will produce an undue hardship. 2) The hardship is not generally shared by the properties in the same zoning district and vicinity. 3) That the authorization of such variance will not be a substantial detriment to the adjacent property and the character of the district will not be changed by the variance. Due to this unique land use located within the RA (Rural Areas) zoning district, the strict application of the zoning ordinance and FAA requirements will produce on undue hardship for current and future development and use of the property. The hardship is not shared by properties in the same zoning district, as this use is unique to the Winchester Regional Airport. This proposed variance will not change the character of the district or the adjacent properties. Therefore, as the proposed variance and land use are unique to the operations of the Winchester Regional Airport; it appears that this variance meets the intent of the Code of Virginia, Section 15.2-2309 (2). This request from the current front setbacks of the RA zoning district may be justified. 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APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA Variance Application o. f w d Submittal Date:103 Fee Paid: Vieinitials: Sign Deposit yep -OFFICE USE ONLY - Submittal Deadline: 1A 1j, 1/0/) For the meeting of / o V MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner x other . (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: Winchester Regional AirportNAME: ADDRESS 491 Airport Road ADDRESS: Winchester, VA 22602 TELEPHONE: 540-665-5786 TELEPHONE. 3. The property is located at (give exact directions and include State Route numbers): North side of Rt. 645 - Airport Road. 2200 feet west of Vieto Road traffic circle, where old and new Airport Road intersect. 4. The property has a road frontage of 904 .4 s feet and a depth of 2053 .6 7 feet and consists of 2-30 - 7acres (please be exact). me 5. The property is owned by Winchester Regional Airport as evidenced by deed from City of Winchester, VA recorded (previous owner) indeed book no. 6 5 9 on page 175 of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: Shawnee 7. Property Identification No TM 64-A--79 8. The existing zoning of the property is: RA 9. The existing use of the property is: Airport 10. Adjoining Property: USE North Comm./Ind/Res. East Comm.& Airport South Comte & Airport West Comte, airport, Res ZONING M1, B2 & R4 M1 & RA M1, B2 & RA RA 11. Describe the variance sought in terms of distance and type. (For example: "A 3.5' rear yard variance for an attached two -car garage.") 15 foot front yard variance (from 60 to 45 feet) for location of aircraft hanger. 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 Exceptional difficulty in locating, because of size and height, of proposed aircraft hanger due to FAA requirements. FAA Transition Zone sets the height of buildings, where the further from runway the higher the transition zone. Also, the future taxilane and taxiway, as proposed for the future aiport development, require 7separation distances to apron areas and buildings. 13. .Additional conunents, 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 front) the subject property. (Use additional pages if necessary.) These people will be notified by mail of this application: NAME `t Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # Adjacent properties to 64 A 79 MOM 64 A 40B 64 A 40A 64 A 40H 64 A 40G 64 A 72 64A71 64 A 70 64 A 69 64 A 68 64-A-59 64-A-60 64-A-61 64-A-62 64-A-63 64-A-64 64-A-65 64-A-66 64-A-67 64B3A 64B3B 64 A 88 64 A 89 64-A-87 64 -A -87A 64-A-89 B 64 A 86 64 A 83 64 A 82 64 A 80J 64 A 80M 64 A 80A 64 A 79G 645A 64 5 D 64 5 4A 64 5 3A 6453 6451 6451 64 A 39C 64 A 39 64F 1 1 64F 1 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 structures) on adjoining properties. Please include any other exhibits, drawings or photographs with this application. See attached drawings 9 AGREEMENT VARIANCE ## ;� — (Number to be assigned by the Planning hept) 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, true. 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