HomeMy WebLinkAboutBZA 11-27-96 Meeting AgendaAGENDA
FREDERICK COUNTY BOARD OF ZONING APPEALS
The Old Frederick County Courthouse
Winchester, Virginia
November 27, 1996
10:00 a.m. _ CALL TO ORDER
PUBLIC HEARING
1) Variance Application #020-96 of Chuck and Jane Ewing for a 19' side yard
setback variance to build an attached three -car garage. The property is located at 511
Hopewell Road and is zoned RA (Rural Areas). The site is identified with Property
Identification Number 33-1-6 in the Stonewall Magisterial District.
2) Other
BZA REVIEW DATE: 11/27/96
VARIANCE #020-96
CHUCK AND JANE EWING
LOCATION: The property is located at 511 Hopewell Road, west of Clearbrook.
MAGISTERIAL, DISTRICT: Stonewall
PROPERTY ID.NIUMBER: 33-1-6
PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Vacant (single
family residence is under construction)
IN!Q PROPERTY ZONING & USE Zoned RA (Rural Areas) District; Land use -
Residential and agricultural
VARIANCE: A 19' side yard variance for an attached three car garage.
REASON FOR VAPJ : The applicant states that due to the rock formation on the west side
of the lot, the house and garage must be shifted 19' toward east side boundary. The cost of rock
removal would be prohibitive.
STAFF COMMENTS:
Within the RA (Rural Areas) zoning district, the minimum side yard setback for a principal structure,
when adjoining Rural Area land used for residential purposes, is 50'. The three -car garage is
considered part of the principal structure as it will be attached to the house. A 19' side yard variance
would place the principal structure 31' from the adjoining property line.
In this case, a clearly demonstrated hardship approaching confiscation of the property does not exist.
Strict application of the zoning ordinance does not prohibit the use of the property for residential
purposes. In addition, the setback for an accessory structure is 15' from the adjoining property line.
A detached garage could be placed on the premises in compliance with zoning ordinance
requirements.
Chuck & Jane Ewing Variance #020-96
Page 2
November 13, 1996
The Code of Virginia, Section 15.1-495(2)(a)states that no variance shall be authorized by the board
unless it finds that strict application of the ordinance would produce an undue hardship approaching
confiscation. Staff believes that granting this variance would be inappropriate as a demonstrable
hardship approaching confiscation does not exist.
STAFF RECOMMENDATION: Denial.
Fk: K\WPTMN\CONeAENTS\EWING2.BZA
VARIANCE #020-96 PIN: 33-1--6
Chuck & Jane Ewing
MUST BE TYPED OR FILLED OUT IN INR - PLEASE PRINT
1. The applicant is the owner
2. APPLICANT:
NAME: �" h UcK ".Jane_ Euui n (,-
ADDRESS 110
Winc,he.s�c,-, Vct aaco0a
TELEPHONE: (Iaa - t4LIq
3. The property is located at
State Route numbers):
1! N }p
-� U
other . (Check one)
OCCUPANT: (if differenft)
NAME: n
ADDRESS:
TELEPHONE:
(give exact directions and include
- cn U 'I a C �v
eri
N60,uotll Mec,. knC/ 9 ►/ �—
la< e ahou t io rn ie on n-c,h4
4. The property has a road frontage of a 0 feet and a depth
of 7Go + feet and consists of 3. a acres. (please be
exact)
5. The property is owned by re-hn,� L . P J QC_ 11 /) ATN F1 S
as evidenced b deed from recorded y �i�a �n�a� recorded
(previous owner)
in deed book no. $aq on page (y 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: 5�6nP 1 oC11
7. 14 -Digit Property Identification No.: 33caod 1p,,000(Oo
8. The existing zoning of the property is: IQ_ 11 �R u ?A L AR A )
9. The existing use of the property is: - - qc pj&- OA rJ
10. Adjoining Property:
USE ZONINQ
North
East A
._ s
South RJ'�.ug kXOQJ •
West r •
i r
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.")
A W S IAt 1 b-OAd %1AIIIA' f: .Yin (in
`T'~1 Off. ��i' �:'�`,yt. `•
12. List specific reason(s) why the variance is being oughttr
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
4-0 racy n on we -SO- 5;16(! o � 16-V
.. SQ --tV WQrd P��� Side bL+.�nrinr,r
s O� rcc rr.rv,v yL QroK hl h,/ `.
r-
13. Additional comments, if any
Page 3 of 5
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: Please list COM13lete 14 -
digit orooerty, identification „number)
NAME
W/9 V EQ LV 1-�dRAI $' 2 S (a ")A 11" C-/ l?D' , C 4/4 z Z 6 .y
P/ -Property �Rc S _146_5Property ID '
3 3 oaao R 0000 6� o
Address
FRA MKL14) ID, T' /lp/� 418 <? f{ PEUUE4L CEA'Zd12co1C , ZIA 2-2-40 2.
Property ID#
33oaae � a0000 So
Address
�u�R,IvR �'srfEiRL�y aLAcF /vs v�{N /aL1�cE, cu,ucsrGQ U� L��cl
Address 3 3 occo / 000c , to
/�ARccQ C r^/A 0 #-&PLE Z�F C,�/44 E5 CiceD--4)
- -
3 3 000c , (' OOCNO /$' D
Property ID
Address
Property ID;
Address
Property ID,;
Address
Property IDA
Address
-Property IDO
-Address
Property ID#
Address
Property ID#•
Page 5 of 5
AGREEMENT
VARIANCE
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 -15
SIGNATURE OF OWNER ,J DATE
(if other than applicant
-OFFICE USE ONLY-
BZA PUBLIC HEARING OF ACTION:
APPROVAL
DENIAL
- DATE -
SIGNED:
BZA CHAIRMAN
DATE:
L -or S
PG .wow it l o f r.
Esr91 E 5
6RiM ES �.,��c ✓ R p
ooi
/,oTeo
or
r
i