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HomeMy WebLinkAboutBZA 08-21-01 Meeting AgendaFILE COPY AGENDA FREDERICK COUNTY BOARD OF ZONING APPEALS The Board Room Frederick County Administration Building 107 N. Kent Street Winchester, Virginia August 21, 2001 3:25 p.m. CA;;L TO OI"ER 1) Minutes of the June 19, 2001 Meeting PUBLIC HEARING 2) Variance Application #16-01, submitted by Clariant Corporation of Winchester, requesting a 14.71 -foot front yard variance for a mechanical equipment pad and heat exchanger unit; and a 7.71 -foot front yard setback variance for a mechanical equipment pad with 6'x 6' shed and dust collector and heat exchanger units. This property is located at the southwest corner of Victory Lane (Rt. 728) and Arbor Court (Rt. 1000), approximately 0.42 miles south of Route 17/50 in the Shawnee Magisterial District. 3) Other r, L: • 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 June 19, 2001. PRESENT: James Larrick, Jr., Chairman, Gainesboro District; Theresa Catlett, Opequon District; Dudley Rinker, Back Creek District; Thomas Malcolm, Shawnee District and Robert Perry, Stonewall District STAFF PRESENT: Patrick T. Davenport, Zoning Administrator; Carol Huff, Secretary CALL TO ORDER The meeting was called to order by Chairman Larrick at 3:25 p.m. WELCOME TO NEW MEMBER On behalf of the Board of Zoning Appeals, Chairman Larrick welcomed Mr. R. Thomas Malcolm, who was appointed to replace Mr. Gilbank Hamilton who had recently moved out of the Shawnee Magisterial District. MINUTES OF MAY 15-2001 On a motion made by Mr. Rinker and seconded by Mr. Perry, the minutes for the May 15, 2001 meeting were unanimously approved. PUBLIC HEARING Variance Application #07-01, submitted by Glen W. Russell, for Lot 30 at Red Fox Run, requesting a 1.1 -foot front yard and 0.4 -foot right side yard setback variance for an attached porch. This property is located off of Front Royal Pike (Rt. 522) in the Red Fox Run Subdivision at the end of McClure Way and is identified with Property Identification Number 64D-8-30 in the Shawnee Magisterial District. ACTION - APPROVED Frederick Co. Board of Zoning Appeals Minutes of June 19, 2001 Minutes Book Paac ' l4 Variance Application #08-01, submitted by Glen W. Russell, for Lot 29 at Red Fox Run, requesting a one -foot front yard and 0.6 -foot left side yard setback variance for an attached porch. This property is located off of Front Royal Pike (Rt. 522) in the Red Fox Run Subdivision at the end of McClure Way and is identified with Property Identification Number 64D-8-29 in the Shawnee Magisterial District. ACTION - APPROVED Mr. Patrick Davenport, Zoning Administrator, presented the background information on Variance #07-01, Lot 30 at Red Fox Run. He stated that the footing location survey completed on November 6, 2000, reported that the building was in compliance with the applicable setbacks; however, the mid -construction survey completed on May 8, 2001, reported that the front porch was constructed with front and left side yard setback violations. It was noted that both applications on today's agenda were from the same applicant and for adjoining lots. Mr. Davenport asked the Board if they wanted to hear the summaries together or separately. The Board felt that since both applications were similar in nature, it made sense to hear them together. Mr. Davenport told the Board that temporary Certificates of Occupation were issued to the homeowners until action was taken on these two applications to resolve the violations. Mr. Ed Yost, legal representative for Glen W. Russell, applicant, requested that they be able to present both applications simultaneously. Mr. Yost stated that the setback violations with the two porches occurred due to the arc on the cul-de-sac. He said that if the arc were not present, and if these had been stoops, the addition of the poured concrete porches would not be an issue. He added that the builder in this case was Glen W. Russell, the son of Glen E. Russell whom he had represented several months ago. He felt that it was important for the Board to realize that this was not the same builder. He added that the violations were not aggrieving in nature, and that the porches were poured concrete, not wooden decks that could easily be trimmed off. They did not feel that the addition of the porches would have a detrimental effect on the character of the neighborhood and asked that the Board approve the variance requests. Mr. Yost also informed the Board that a correspondence had been received from Mr. Barry Sweitzer, Transportation Roadway Engineer with VDOT, stating that the encroachment would not have an adverse effect on the roadway or right-of- way. Many questions were raised as to how the homes had gone from being in compliance to being in violation. Additionally, there were questions as to what point did the porch become apart of the structure. Mr. Scot Marsh, with Marsh and Legge Land Surveyors, the company that did the building location surveys for the two lots, came forward to address the Board. He said that when the footer stakeout report was approved by Frederick County, the original stakes did not include the porch. The homeowners requested that the porches be added, and it was not realized until after the porches were already poured that the arc of the cul-de-sac had created a setback violation. Mr. Marsh further explained that he was on the original committee that created the survey report process. He explained the steps involved in the process and said that consistently, the Russells were meticulous builders but that this was one situation that was not caught by the usual Frederick Co. Board of Zoning Appeals Minutes of June 19, 2001 Minutes Book Page l 11; 7 process. A question was presented to Mr. Marsh regarding the fact that although this situation may have been the first of its kind for Mr. Russell, it was not the first time that similar situations had been brought before the Board. If adding porches, or decks for that matter, has the potential for causing violations in the setbacks, why isn't this included in the survey report? Why wait until the building is complete and then bring it to the Board of Zoning Appeals for approval? Mr. Yost suggested that perhaps there are two different definitions of a porch, and that all of the information presented today would be taken back to the Russells and taken into consideration in future building projects. DISCUSSION Mr. Malcolm posed a question about the notification process of the adjoining property owners, and how similar situations like these are handled. If this type of situation has been presented previously and been approved each time, it stood to reason that it should be approved this time as well. It was agreed that violations resulting from porches or decks being built on cul-de-sacs was an issue that needed further discussion but that it was not something that could be undertaken by the Board of Zoning Appeals. On a motion by Mr. Malcolm to approve both Variance Applications #07-01 and #08- 01 as requested and seconded by Mr. Rinker, the requests were passed by unanimous vote. BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby unanimously approve Variance Application #07-01, submitted by Glen W. Russell, for Lot 30 at Red Fox Run, requesting a 1.1 -foot front yard and 0.4 -foot right side yard setback variance for an attached porch. BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby unanimously approve Variance Application #08-01, submitted by Glen W. Russell, for Lot 29 at Red Fox Run, requesting a one -foot front yard and 0.6 -foot left side yard setback variance for an attached porch. OTHER BUSINESS Mr. Davenport presented a follow-up to the idea of having alternate members appointed to the Board of Zoning Appeals. He stated that staff had been instructed to have the Board of Zoning Appeals detennine whether the appointment of Mr. Thomas Malcolm to fill the Shawnee Magisterial District seat vacated by Mr. Gilbank Hamilton would alleviate the need for alternate members. Chairman Larrick stated, and the rest of the Board concurred, that the original intent of the request for alternate(s) was to resolve any situation which may arise when BZA members may not be able to attend a public hearing, thereby putting the applicant and anyone else who took the time to attend at an inconvenience by having to reschedule the public hearing. Although it would probably be a rare occurrence, the Board felt that having an alternate(s) appointed should be pursued. It was noted that Mr. Hamilton has expressed an interest in serving as an alternate if called upon. Frederick Co. Board of Zoning Appeals Minutes of June 19, 2001 Minutes Book Pate 1 116 Mr. Malcolm brought to the Board's attention that he will be a resident of the new Red Bud District when the boundary lines are redrawn and unless the Court changes his district designation, his tenure on the BZA will be rather short-lived. A brief discussion followed as to when the new Board appointments would take effect; it was believed that it would be sometime after January 1, 2002; therefore, immediate action was not required. As there was no further business before the Board, the meeting adjourned by unanimous consent at 4:25 p.m. Frederick Co. Board of Zoning Appeals Minutes of June 19, 2001 4 Respectfully submitted, James Larrick, Jr., Chairman Carol I. Huff, Secretary Minutes Book Page 1 1 1 ;' • J • BZA REVIEW DATE: 8/21/01 VARIANCE #16-01 CLARIANT CORPORATION LOCATION: This lot is located at the southwest corner of Victory Road (Rt. 728) and Arbor Court (Rt. 1000), approximately 0.42 miles south of Millwood Pike. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 64-9-2 PROPERTY ZONING & USE: Zoned M1 (Light Industrial) District; Land use - Industrial ADJOINING PROPERTY ZONING & USE: Zoned M1 (Light Industrial) District; Land use - Warehouse; Tractor Sales; and Distribution Center. VARIANCE: The applicant is requesting a 14.71 -foot front yard setback variance for a mechanical equipment pad and heat exchanger unit; and a 7.71 -foot front yard variance for a mechanical equipment pad with 6' x 6' shed and dust collector and heat exchanger units. REASON FOR VARIANCE: Please see attached letter from Mr. Ronald Mislowsky, P.E. VP of Gilbert W. Clifford and Associates to Patrick Davenport, dated July 19, 2001. STAFF COMMENTS: The subject property has the typical setback requirements (75' front, 25' sides and rear) of the M1 Zoning District. Since the property is situated on a corner lot, two front setbacks are required. The property owner is requesting the variances to enable the proposed construction of two attached structures on the east side of the existing building. The east side of the building is situated 0.29' from the front setback line. The two proposed structures require extensions into the front setback a minimum of 15.0' and 8.0', respectively. This proposed dimension reflects the 14.71' and 7.71' variances being sought. A detailed plan sheet detailing the proposed structures and a letter describing the necessity for their specific locations is attached. STAFF CONCLUSION: The Code of Virginia, Section 15.2-2309(2) states that no variance shall be authorized by the board unless it finds that a) strict application of the Ordinance would produce an undue hardship approaching confiscation; b) that such hardship is not shared generally by other properties in the same zoning district and the same vicinity, and; 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 the granting of the variance. The attached structures will not be detrimental to the overall character of the zoning district nor will they adversely impact the sight distance requirements of the nearby intersection. The granting of the requested variance as submitted would be appropriate. O.\Agendas\BZA\Staff Report\2001\CLARIANT.wpd gilbert w. clifford & associates, rove INCORPORATED 1972 Engineers — Land Planners — Water Quality July 19, 2001 Patrick Davenport Frederick County Planning 107 N. Kent Street Winchester, VA 22601 RE: Clariant Dear Patrick, Board of Directors: President: Thomas J. O'Toole, P.E. Vice Presidents: Charles E. Maddox, Jr., P.E. Earl R Sutherland, P.E. Ronald A. Mislowsky, P.E. David J. Saunders, P.E. Directors: William L. Wright Michael A. Hammer Thomas W. Price I have attached an application for a Board of Zoning Appeals variance request. Clariant is a manufacturing facility located at 382 Arbor Court. Their lot is at the corner of Arbor Court and Victory Lane, with Victory Lane creating a comer side yard condition with a 75' setback. As described in the application, Clariant would like to locate 4 mechanical units on the east side of the building, along the Victory Lane frontage. A variance to the setback is required. I've attached a large plan sheet which shows all of the surrounding properties, and a smaller plan showing only the affected area. " lariant does propose to surround each of the pads with an opaque board on board fence to screen the units. I _ape these plans adequately explain our proposal. The application relates the reasons for Clariant's need to place the units along the east wall. I'd like to reiterate just a couple of those. One, the ISO Butane unit, which serves only the lab area, needs to move outside for health reasons. The location of the lab in the building makes the relocation to the east wall obvious. Two, though there is available area on the west side, this is also the location of a loading dock and parking area. Finding a suitable place for the units there is difficult. Additionally, the presence of the units anywhere along the west we would make expansion much more difficult. We look forward to discussing these issues with you and the Board of Zoning Appeals. Please feel free to call me, or Doug Ways at Clariant, if you have questions. Regards, gilbert w. clifford & associates, inc. JRonald A. Mislowsky, P.E., VP cc_ Doug Ways, Clariant Doug Toan, North Frederick Realty RECEIVED JUL 1 9 2001 DEPT. OF PLANNING/DEVELOPMENT 117 East Piccadilly Street, Suite 200, Winchester, Virginia 22601 (540) 667-2139 Fax (540) 665-0493 e-mail gwcliff@mnsinc.com Member American Consulting Engineers Council ♦ ♦ ♦ NORTH FREDERIC REALTY 64 9 1 ee It WINCHESTER REGIONAL 64 A 159A JAMES RIVER EQUIPMENT, INC 64 A 8ON VIRGINIA APPLE STORAGE, INC 64 A 159D 64 9 .........® �`, L?iunlll I' I 5 I �� �51i C � I'Irlltin�n i,- Ifll I' I - ! VAM16-01 Location Map For: Clariant Corporation PIN: 64-9-2 Dept. of Planning and Development, 07/01, APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA 1. 2. M The applicant is the owner APPLICANT: NAME: �' to P.1 -A1V 7— ADDRESS �Z. Wl:rJaNasfim, M z<z6az Mr - TELEPHONE : ( $ { C— other it . (Check one) OCCUPANT: ( if different) NAME: ADDRESS: TELEPHONE: The property is located at (give exact directions and include State Route numbers): ! F_ 50Ki'0-WF—&-r Cpm Ef--,-OF VjGT'O do - 4. The property has a road frontage of 69 y. feet and a depth Of �. feet and consists of exact) —1---02--acres. (please be R E'IVFPoperty is owned b videnced by deed from®��� JUL 2 p p'� s MP -So Avb isrr elAzip ��. recorded in deed book no.(Previous owner) DEPT, NPLNNING100- EW the Clerk of the . Court foo n parge Frederic 3 CCoun f .the deed a copy of the deed. Y Attach Page 2 of 5 6. Magisterial District: r �J �- 7. 14 -Digit Property Identification No_: 8. The existing zoning of the property is: 9. The existing use of the property is:— -T*41b it S' -%A L.. 10. Adjoining Property: USE ZONIN North 4as ou VJ& � r�-ye,; us a t� Pd East Ac--r&t O S CT�►� ©e�m+�� -- 1 South W PJZw, (A Sri&E) West � yl o9v SEC A,x� �J 11. Describe the variancesought in terms of distance and type. (For example: "A 3.5' rear yard variance for an attached two car garage.") NIP D AVO R EAT oiv7~ VAKtAmca F-ati A4,00 14JS.+4r- 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 Olq � ST Gvc.c.Ecros A!epb TO S;LkV } "S .���,�. T'o is sp— IVF- P- is aS-Ioc+r&,O C41-- be Fold 14 "=A aw gALb P"JCOs 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 i sdes, rear and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notifd by mail of this application: NAME VA APPLE - fir' Address . 0 . $ p",C A t3 Property ID# _ - , —'4 !, ' i VC. V4 2�+111191 NAME_ Arg r-iz EAI,5: Property ID# - ; o Address P-0- R09 Z D 5 7 10 Int,! G. V/4 Z2 b acf NAME_'J���t�- L?�cal IZ�At YAddress P-0- 0 2.t3 Property ID# _ _41 LJA zaSe tJ NAME �• S sy 12Gt %4' P rt �A 7' Address 237 Vl GT--- P- G .4 AJE, Property ID# A444 _ /1 f - Wt Ne•. VA- P.P-6o a Z NAME ()HK P Property ID# gi�rt _,4 _ - -r- NAME Property ID# CL - NAME Property ID# Address +a�' '12C 9a S 5 1J19tj. L.A; R O M .N 1D �} c �.t O.J.! Z O/ c/I Address Address NAME Address Property ID# NA�IME Address Property ID# NAME Address Property ID# Pagc 5 or S AGREEMENT VARIANCE # If Ic'j ' 0 It 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. SIGNATURE OF APPLICANT�� - DATE SIGNATURE OF OWNER �� 4 �.-- Q . �/.�, (if other than applicant) DATE / U -OFFICE USE ONLY- BZA PUBLIC HEARING OF ACTION: - DATE - APPROVAL SIGNED: BZA CHAIRMAN DENIAL DATE: ! ( DUA/PSIER ENCLOSED y l 1 / AP ORQ12 ARN 12' / / I AND LATCHED GATE. 7)P) l�El L I �P `-. �'l� �• sg OA i�VG E COW PAD 4 Z 190• �� �! !l `f 50OWMETAL HALLIDE WALL PACK // v �C a� 1 !/ MEC1lAN/CAL t RRE LAWSTRIPE 5' COIYG SIDEWALK 1 4 £/PMENT ti ANO PROVIDE WALL 21,400 SF Warehouse / p1 y / MOl/NT£D SIGNAGE 29 000 SF Total Bldg. Area YAN ACCESSIBLE L OT 2 4�3 400 SF Uitimote Bldg. Area HAND/CAP PARK/NG 1 g J FF=703. 0 S/QYS MOUNT ON �..•�/ p Z a Bldg. Height = 20' BU/LD/NG WALL. l ° ao, h 4 2 (4•f £ lett NTP '•w.. £X. £LECIRIC I ANS/ON < �,` . IRAWORAV EX. LAB i g PAD AREA 2,600 SF OF8' f% 1 j OFFICE 8 HEAT EXCHANGER — s / UNIT HEIGHT- 4.5' Q 811 / DUST COLLECTOR 61 CUNIT HEIGHT - FENCING HP MECHANAX £Q�IP*W;r PADS HEAT EXCHANGER PROVIDE OPAWE BOARD r =m T HEIGHT- 3' FE74ti^ING ALL ARIXJND S' HIGH FENCING X 20' PERMAN , ,_GAS COR/PANr Esetfi .... Z W {� _ . t' R 1178Wd SHED TO HOUSE W N — —��� P. 1173 B 838 P 9 _ __ _ ISD-BUTANE UNIT -- _ SHEI) HEIGHT - 7.5' � q \ W 456 61' DRAINAGE AREA 70 £X. 15" CULVERT �.�..cl RTE. 728 - VICTORY ROAD / ---- _, —UNPOSTED SPEED LIMIT TAp 70 B£ MADE w ��� BY F.C. SA. Q VlRG1NlA APPLE STORAGE "" �:t - IM 64 (A) 159D ZONED: M-1 �— '� " � USE. WA,"-'-US1NG bKlu , 7119101 h Paw PB1a am-W79 P-- i/l. = 40 f..