HomeMy WebLinkAbout07-15 CommentsPEN NONI ASSOCIATES INC.
CONSULTING ENGINEERS
NOV 2 0 X015
November 20, 2015
Mark Cheran ;._,...
Zoning Administrator
Frederick County
107 N. Kent Street, 2nd Floor
Winchester, VA 22601
RE: Variance Request — Setback from Private Street; Harvest Ridge
Dear Mr. Cheran:
Please find attached the application materials for a variance request to provide for a 10' corner
side yard setback from the private roadway serving an existing corner lot in Harvest Ridge. The
lot is identified as Tax Map Parcel 63-9-4-67 (the "Property"). This variance is necessary to
enable construction on a lot that is made exceptionally narrow due to more stringent setback
requirements that were adopted after the project was initially approved. An exhibit depicting the
Property and the proposed variance is attached as Exhibit A. Additional background information
and site specific justification for the requested variance is as follows:
Background
Harvest Ridge is a proffered age restricted development located south of Cedar Creek Grade
immediately west and adjacent to the City of Winchester. The project was rezoned to the RP
zoning district in 2003 by the approval of rezoning application RZ #10-02 by the Frederick
County Board of Supervisors. On January 12, 2004, Frederick County approved the Master
Development Plan (the "MDP") for Harvest Ridge (approved MDP #03-03 attached hereto as
Exhibit B) providing for up to 85 single family small lots on the project. As shown on the MDP,
front setback requirements for the dwelling units on private streets within the project were as
follows:
Setback from private road — 20 feet
The above language was consistent with zoning ordinance requirements for the RP district at
that time. The subsequent subdivision design plans for Harvest Ridge maintained the 20 foot
setback from private streets for the development with the setback measured from the face of
curb/edge of pavement. A subdivision plat for Section 4A for Harvest Ridge was recorded in
March of 2013 and provided for a 20 foot setback from private streets, however that subdivision
plat provides the setback as measured from the right of way for the private road as opposed to
the face of curb/edge of pavement in order to accommodate revisions to the Zoning Ordinance.
Construction of dwelling units in Harvest Ridge commenced in 2005 and corner lots within the
earlier phases of the project developed utilizing the shallower setbacks requested by this
variance application. The recorded plat showing 10' corner side yards for the developed lots in
Phase 1 of Harvest Ridge is attached as Exhibit C.
117 East Piccadilly Street • Winchester, VA 22601 • Ph: 540-667-2139 • Fx: 540-665-0493
www.pennoni.com
Harvest Ridge November 20, 2015 Page 2
Setback Variance Request
Recent amendments to the RP zoning district modified the setback requirements for the single
family small lot housing requirement. Currently, Section 165-402.09(F)(B) of the Frederick
County Zoning Ordinance requires a setback of 25 feet "from public or private road right of way."
Accordingly, the proposed variance request would be for a 10' reduction of the corner side yard
setbacks depicted on the recorded subdivision plat or a 15' reduction from the current Zoning
Ordinance requirement.
Justification
Pursuant to Section 165-1001.02 of the Frederick County Zoning Ordinance, the Board of
Zoning Appeals (the "BZA") may grant a variance to alleviate issues related to narrowness,
shallowness, size or shape of a specific piece of property. In addition, the Zoning Ordinance
states that variances shall only be authorized if the BZA finds the following:
a. That the strict application of this Ordinance would produce undue hardship.
The strict application of the Zoning Ordinance would result in an excessively narrow lot for the
purpose of constructing a dwelling unit on the Property. Harvest Ridge is age restricted and,
consequently, the homes designed and constructed for the project are single story to
accommodate the needs of the end user. Converting the lot to a two story structure would
cause undue hardship as the marketability of such a dwelling in an age restricted neighborhood
would be severely limited.
b. That such hardship is not shared generally by other properties in the same zoning district and
the same vicinity.
Existing dwellings located within Harvest Ridge are single story dwellings and other corner lots
have already developed utilizing the shallower corner side yard setbacks requested by this
variance application. Any remaining corner lots within Harvest Ridge that have yet to
commence construction are sufficiently wide to accommodate the additional setback.
Therefore, this hardship is not shared by other properties in the same zoning district and same
vicinity.
c. That the authorization of such variance will not be of substantial detriment to adjacent
property and that the character of the district will not be changed by granting the variance.
The proposed variance is necessary to ensure that Harvest Ridge is developed in a cohesive
manner. Applying the newer, more stringent setback requirements would not enable the lot to
be developed with a dwelling unit that is consistent with other lots in Harvest Ridge, including
other corner lots that have already developed. The area with the reduced setback is along the
frontage of the Property, so approval of the proposed variance would enable a dwelling unit to
be constructed closer to the street, but would not allow a future dwelling to encroach within the
setbacks required along the adjoining parcels. The authorization of the variance will not be of
substantial detriment to adjacent property and the character of the district will not be changed by
granting the variance.
Based on the above justification, we believe that the existing development pattern within
Harvest Ridge and the setback requirements in existence when the project initially commenced
Harvest Ridge November 20, 2015 Page 3
Setback Variance Request
development justify the proposed variance, which would allow for the Property to be developed
in a cohesive manner with the remaining lots within Harvest Ridge. We look forward to
presenting this variance request to the BZA.
If you have any questions, please feel free to contact me at (540) 667-2139.
Sincerely,
PEIrONI ASSOCIATES INC.
Michael M. Artz, LS -313
Attachments
Notes:
1. Boundary shown hereon
was taken from plots of,
record and construction
plans.
2. this plat is subject to
easements and
restrictions of record.
3. No title report furnished.
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Exhibit A ^- Proposed Dwelling
LOT 67
Village At Harvest Ridge, Section 4A
TM #63-9-4-67 Ookcrest Builders, Inc.
Inst. #130007149 & #130005460 (corrected plot)
Gainesboro District, Frederick County, Virginia
DATE: 11/20/15 I SCALE: 1" = 20' I SHEET 1 OF 1
PREPARED BY:
PENNONI ASSOCIATES INC.
Pennoni 117 East Piccadilly Street
Winchester, VA 22601
T 540.667.2139
F 540.665.0493
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HARVEST RIDGE HARVEST RIDGE - SECTION i m
SECTION 2 CITY OF WINCHESTER i
FINAL SUBDIVISION PLAT
yr MILLAGE AT HARVEST RIDGE
/ SHAWNEE MAGISTERIAL DISTRICT
£? ,! % FREDERICK COUNTY, VIRGINIA
SCALE: 1" = 50' DATE: AUGUST 16, 2004
d RATalliT L STOW gilbert w, Clifford & associates
GRAPHIC SCALE v be. 0022 A OWISION OF
25 5w ioo -0/'l PATTON HARRIS RUST & ASSOCIATES
1 -7 PROFESSIONAL
CONSULTING ENGINEERING AO SURVEYING — PLANNING
117 E- PICCADILLY STREET, WINCHESTER, VIRGINIA 22601
1 inch = 50 IL (540) 667-2139
SHEET 5 OF 9
EXHIBIT C