Loading...
HomeMy WebLinkAboutBZA 10-17-00 Meeting AgendaAGENDA FREDERICK COUNTY BOARD OF ZONING APPEALS The Board Room Frederick County Administration Building 107 N. Kent Street Winchester, Virginia October 17, 2000 3:25 p.m. CALL TO ORDER 1) Minutes of the September 5, 2000 Meeting PUBLIC HEARING 2) Variance #13-00 of Tina M. Malloy for a 25 -foot front yard setback variance for the construction of an attached two -car garage. This property is located at 101 Mohawk Trail and is identified with Property Identification Number 49A02-1-20-35 in the Back Creek Magisterial District. 3) . 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, or, September 5, 2000. (Note: Due to a conflict of schedules among the Board members during the third week of September, the September meeting was held at an earlier date.) PRESENT: James Larrick, Jr., Acting Chairman, Gainesboro District; Theresa Catlett, Opequon District; Dudley Rinker, Back Creek District; Gilbank Hamilton, Shawnee District STAFF PRESENT: Kris C. Tierney, Planning Director; Amy M. Lohr, Planner II; Jeremy F. Camp, Planner I; Carol Huff, Secretary CALL TO ORDER The meeting was called to order by Acting Chairman Larrick at 3:25 p.m. MINUTES OF AUGUST 15, 2000 On a motion made by Mr. Rinker and seconded by Mr. Hamilton, the minutes for the August 15, 2000 meeting were unanimously approved. OLD BUSINESS - (Tabled at the August 15, 2000 meeting) Variance #11-00 of Denny L. Place for an eight -foot variance to the extension into setback provision [Frederick County Zoning Ordinance, §165.23.F.(3)] to extend the width of an existing front porch. This property is located at 111 Princeton Drive and is identified with Property Identification Number 64A-2-16 in the Shawnee Magisterial District. ACTION - APPROVED CONTINUATION OF A PUBLIC HEARING Mr. Larrick briefly recapped what took place at the August 15, 2000 meeting for Mr. Gilbank's benefit. Mr. Larrick asked Mr. Denny Place, applicant, if he had anything further to add. Mr. Place also repeated the background on his request and explained how he came to bring his request to the Board of Zoning Appeals. He brought pictures this time of other full-length porches located in close proximity to his property. He wanted the Board to see that his request was not out of line with the surrounding properties. There was no else present to speak for or against the variance. Frederick Co. Board of Zoning Appeals Minutes of September 5, 2000 Minutes Book Page 1084 DISCUSSION Mr. Hamilton asked if they planned to bring the roof out to cover the porch; Mr. Place replied that it would not be completely covered but would mostly likely remain as it is now. As there had been extensive discussion on this matter at the August meeting, the Board had no further questions or comments. Mr. Hamilton saw no reason why the variance should not be approved, and moved to approve the variance as requested. Mr. Rinker made the second, and the motion passed by the following majority vote: AYES: Mr. Rinker, Mr. Hamilton, Mr. Larrick NAY: Mrs. Catlett BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby approve by majority vote Variance ##11-00 of Denny L. Place for an eight -foot variance to the extension into setback provision [Frederick County Zoning Ordinance, §165.23.F.(3)] to extend the width of an existing front porch. NEW BUSINESS - PUBLIC HEARING Variance #12-00 of Tim and Melissa Nichols for a 20 -foot rear yard setback variance to replace an existing mobile home with a modular home on a foundation. This property is located at 266 Pickett Lane and is identified with Property Identification Number 75-A-88 in the Shawnee Magisterial District. Ms. Amy M. Lohr, Planner H, read the background information. She made a correction to the staff report, stating that the property was actually zoned RA (Rural Areas) rather than RP (Residential Performance). In this case, staff was of the opinion that a variance was necessary for residential use of this land. She passed out photographs of the site which depicted the existing mobile home. Mr. Timothy Nichols and his wife, Melissa, explained to the Board why they wanted to purchase the property, and why they needed a variance in order to replace the existing trailer with a modular home. No other members of the public were present to speak on this application. DISCUSSION The Board had questions about what today's setbacks would be, the definition of"front" for this property, the placement and size of the new home, and whether there was a right-of-way across the front of the property (it stops at the driveway). With no further questions or discussion, Mrs. Catlett moved to approve the variance as requested. Mr. Rinker offered the second and the motion passed unanimously. Frederick Co. Board of Zoning Appeals Minutes of September 5, 2000 X Minutes Book Page 1085 BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby approve by unanimous vote Variance #12-00 of Tim and Melissa Nichols for a 20 -foot rear yard setback variance to replace an existing mobile home with a modular home on a foundation. OTHER BUSINESS Mr. Larrick inquired of staff if there had been any notification of a new Board member for the Stonewall Magisterial District; at this time, there has not been any word. ADJOURNMENT There was no further business at hand; therefore, the meeting adjourned by unanimous consent at 4:00 p.m. Respectfully submitted, James Larrick, Jr., Acting Chairman Carol I. Huff, Secretary Frederick Co. Board of Zoning Appeals Minutes of September 5, 2000 _ Minutes Book Page 1086 • • C BZA REVIEW DATE: 10/17/00 VARIANCE #13-00 TINA M. MALLOY LOCATION: This property is located at 101 Mohawk Trail. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 49A02-1-20-3 5 PROPERTY ZONING & USE: Zoned R5 (Recreational Community) District; Land use - Residential & Vacant ADJOINING PROPERTY ZONING & USE: Zoned R5 (Recreational Community) District; Use: Residential VARIANCE: 25 -foot front yard setback variance for the construction of an attached two -car garage. REASON FOR VARIANCE: The property is on a corner lot; therefore, a front yard setback is required along Tomahawk Trail, Mohawk Trail, and Shawnee Trail. STAFF COMMENTS: All buildings and structures in the (R5) Residential Recreational Community Zoning District are required to be setback 35 feet from the front boundary line, 10 feet from the side, and 25 feet from the rear. When a lot abuts more than one street or road, the front setback requirement must be maintained on all sides with frontage. Ms. Tina Malloy is applying for a 25 -foot front setback variance for an attached garage. If approved, Ms. Malloy's front setback will only be ten feet on the side bordering Mohawk Trail, rather than the required 35 feet. The other three sides of the property will be in conformance with the required setbacks. The property in discussion is approximately one-half acre in size, and is located at the corner of Shawnee Trail and Mohawk Trail in Shawneeland. The lot itself is 100 feet wide and 248 feet long. All of the adjoining properties are residential in nature. The garage's foundation has already been constructed. It is important to note that the applicant started construction with a permit, and was under the impression that she was in conformance with our requirements. During the survey process, however, it was discovered that the building permit was approved incorrectly. The lot was approved as if it had only one side with road frontage. Instead, the lot is a corner lot and must maintain a 35 -foot setback along Mohawk Trail, not 10 feet. 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. After an inspection and review by the staff, it is recommended that approval of this variance be accepted due to three reasons: 1.) First, there does not appear to be another adequate location for the placement of an attached garage on the property. The reason for this is due to the setback requirements for a corner lot, and because there is a drainfield located in the entire front section of the lot. 2.) Two, the circumstances with the incorrectly approved building permit is a hardship to the applicant. 3.) Three, the ten -foot setback, although less than desired, should not negatively effect the adjoining properties. It is staff s opinion that these three factors combined is of adequate reason to approve this variance. s�1 Page 1 of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA MUST BE TYPED OR FILLED OUT IN INR - PLEASE PRINT 1. The applicant is the owner ✓ other (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: / ; <y P) - 19?,,� LL o �. j NAME: r ADDRESS )D �Aq, k Qk L ADDRESS: TELEPHONE: Sq0 - x'7'7 - L{ TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): SD L'2i � �ccz7� 6 141 -1-o ✓ D,5P,_; k'P_q eF_ lAAj e_ . I�.� �C�' i4 Q,'q k -r 0,fi A h Aii 7 k_9-4, L i?.q,4 47- ,h;LL. 91)z4,so_ 4,;, LL f4T 4. The property has a road frontage of ��7,9 feet and a depth of 10,0 .90 feet and consists of acres. (please be exact) 5. The property is owned by Cz lz /-. r �qs,� F? d /�,,+.'f1 /"h /g1,g LLoy as evidenced by deed from , ,��� �. ��� record d (previous owner) in deed book no. ', on page 1,344 of the deed books of the Clerk of the Court for Frederick County. Attach a copy of the deed. Page 2 of 5 6. Magisterial District: Sge-kAce-k 7. 14 -Digit Property Identification No. 8. The existing zoning of the .property is:2cAL �o'n1rAu ��.�� 9. The existing use of the property is; 10. Adjoining Property: FUSE ZONING North d_ i O R c(9r. 3 �.DJJ-,1OrL-) S� East ` p. ACS' South #ICA, West A DA . 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.") t.JGi i [� L pleZT ;.5 0 -It AA A dP. , -:r Cq") bu. Ani A i 1-gge d —1we)-e-A P- 9AP- &t-S' :s C-bAm9D2 A "T2e} % L- 7, M 4 ; PaR .3 < gi2,i 4 L_ i /Art- ,O i5 IV -A-1 L- 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 CD,tolec a 1 I,j A r S: e� lee --r 6,j i p � AN u:0 � i� .6 , L L �� .� v�FP;,4+�ce i a 6u; ( %�e- FP�t�► T 13. Additional comments, if any A,,e aL P?�de4U ; sstie Gzz!:1T�- A- -s - -uA-na,3 w Lilr+z c- } "n*E- PwPc-� CA,J ,U C'T S D � YO -i : c 17ti;7 P gZf ©5 G Zere:,i -5- a45rA-f_+ED OZ- A O— A,.JCC JI1�^ t.JGi i [� L pleZT ;.5 0 .. C bi,' A dP. , CD,tolec a 1 I,j A r S: e� lee --r 6,j i p � AN u:0 � i� .6 , L L �� .� v�FP;,4+�ce i a 6u; ( %�e- FP�t�► T 13. Additional comments, if any A,,e aL P?�de4U ; sstie Gzz!:1T�- A- -s - -uA-na,3 w Lilr+z c- } "n*E- PwPc-� CA,J ,U C'T S D � YO -i : c 17ti;7 P gZf ©5 G Zere:,i -5- a45rA-f_+ED OZ- page 3 05 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 notifd by mail of this application: 'F NAMEf�e�x°._ Address�p', �Aw�i jP� %A� Property ID# +1 NAME Address 7zA- i L -- Property ID# 4-9 A-02 - I - ZD - 2. t, NAME Q. i- A iz z- € -<-4- Address Ch -e, i iJ Q a 'A a.Ltl- Property ID# +9 A61 - ; - 2-' - Z % NAME Address 10-7 PropertyID# �-�A��- �'� P VA NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# Page 4 of 5 15. Provide a sketch of the property (you may use this page). 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, N S8 � Q'Y v � Cv •� O G' CO :A N Page 5 of 5 AGREEMENT VARIANCE # 13- I- 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 APPLIC /''l. % DATE Q - Il -60 SIGNATURE OF OWNER (if other than applicant) BZA PUBLIC HEARING OF DATE -OFFICE USE ONLY- - DATE - APPROVAL SIGNED: DENIAL DATE: ACTION: BZA CHAIRMAN L.) N ZB' 39'0"E d r , 111 -A7 -D- E-Zl RESE,gY,4T.'O.v 7r ru,S 0- 1,4 LA �_ .r PLA T .3 SZ OP THAI L AVO CG�'i'Er"=-D 9Y L.^ ONAf.'"O TG.'V.AR✓EC.!NC. E✓ OE.=O .•4'ECGi<l�EO %%v .S! BCO.Y 27S AT P.9C•L 283: .t.s 7 T sA ^?'`APER'. ,L1A/?X--,qS A/: E /N F'L,ACE . $ /NO/Ci= /f NE/ vj,QG�N/A STAT /'L..��E 100 7 -,ED AgOU7-10 i W//YC/,If A CK Cf?E z"K D Y/RG/N/A CER'•F/GATE X869 5Gh — yam_, �;' .. �:' �, ,,: ' ' �• _ - _ _- � O O � � 7 O • `3 - THE P.4pi?<liETOXS w,t•�:` O O 7 O �� -\ C•/,4.5E1TS OF T,°/E LUTS 'C;L"L; tJ� O C7� .t'C 7- 21 2/ � :�"E�',CRT-s1EN•'G'.c.,�..CyiYA>'� 3 0 2 oTS SNOYYN p -5,-4w.5 • J 2r7G 5 'E s7 U t'T/L 77,5,E 2 /000/, -Lett 6� %L •3 : L' S. `Z00 a y7 i ��; }1� �c �.� OF.-y/Ci.<1i 1•'•.�) ,YU` S ZG� -� ✓ its 1� �2 -ir.`•?.. �'rr,'S �GbU/<':= /Gt� .'S as - -. � rA"llS," C;c � M < o (�•�, � JN. :/1ETKGSTGGSs1/� � � D ��,p, l S, � r ,L/:7N.� rvAN, .� s'D ✓O SCS , 200.0 C.at' -00 00' /00. OZ2, 2� 25 24 v . %7 - H 5 F55 FINA L 111 -A7 -D- E-Zl RESE,gY,4T.'O.v 7r ru,S 0- 1,4 LA �_ .r PLA T .3 SZ OP THAI L AVO CG�'i'Er"=-D 9Y L.^ ONAf.'"O TG.'V.AR✓EC.!NC. E✓ OE.=O .•4'ECGi<l�EO %%v .S! BCO.Y 27S AT P.9C•L 283: .t.s 7 T sA ^?'`APER'. ,L1A/?X--,qS A/: E /N F'L,ACE . $ /NO/Ci= /f NE/ vj,QG�N/A STAT /'L..��E 100 7 -,ED AgOU7-10 i W//YC/,If A CK Cf?E z"K D Y/RG/N/A CER'•F/GATE X869 5Gh — Itl �,��► '01.t a V' C> m,n n .; : :. i c, << , r t i {:.0 mut 1):: trap# on may 0" DELETIONS TIONS FROM - i r t;':1rjti NOT ShOWN iul- C.t)iitl {;TE D i�UFIEiJ DETECTED AND WI IEN BUILDING IS INSPECTED. fose d MT" ,e 4 3j GoAgE rt -210. Openings between the paragc and resrctertee shall be equipped with solid wool doors not less than 13/8" inches thick. The garage shall be com- pletely separated from the residtnre and its attic area by means of 1/2" gypsum board. 0 P - n l -,.e J , e 1147 GFC1 Receptad,,r Ilequircd: Lah-ootns, GaragRs, Outside within G' of kitchen sir,'c aril one required in b mement va