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Home My WebLink About01-07 ApplicationVARIANCE APPLICATION #01 -07 RALPH COMBS Staff Report for the Board of Zoning Appeals Prepared: February 5, 2007 Staff Contact: Lauren E. Krempa, Zoning Inspector This report is prepared by the Frederick County Planning Staff to provide information to the Board of Zoning Appeals to assist them 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: February 20, 2007 Action Pending LOCATION: 100 Fortress Drive in the Star Fort Subdivision MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 54N- 2 -2 -32 PROPERTY ZONING USE: Zoned: Residential Performance (RP) Land Use: Residential ADJOINING PROPERTY ZONING USE: North: RP (Residential Performance) South: B2 (Business General) East: RP (Residential Performance) West: RP (Residential Performance) Use: Residential Single Family Dwellings Use: Hill Crest Nursing Home Use: Residential Single Family Dwellings Use: Residential Single Family Dwellings VARIANCE REQUESTED: The applicant is requesting a 15 foot front yard variance, which would result in a 20 foot front yard setback line for the construction of a wheelchair ramp. REASON FOR VARIANCE: The lot is triangular with a very small building restriction line due to wide drainage easements, sanitary sewer easement and 50 foot zoning district buffer category Variance #01 -07 Ralph Combs February 5, 2007 Page 2 STAFF COMMENTS: Frederick County adopted zoning in 1967. The Frederick County historical zoning map shows this property was zoned R2 (residential general). The property setback lines at the adoption of the zoning ordinance were 35 feet for the front, 10 feet for the side yards, and 35 feet to the rear. Frederick County amended its Ordinance in 1989 to change the R2 zoning districts to the current RP Zoning District, making the current setbacks for the property: 35 feet to the front, 25 feet to the rear, and 10 feet to both sides. Staff has worked with the property owner and builder of the wheelchair ramp to discuss any alternative building options prior to the application for this variance, none of which are able to meet the building code requirements from the Americans with Disabilities Act. Therefore, based on the shape of this property, and the small buildable area due to various buffers and easements on the property, the applicant is seeking a 15 foot front yard variance resulting in a new front yard setback of 20 feet. This request is generated by the need for a wheelchair ramp to provide access for a resident of the property. All other property setback lines will remain unchanged. STAFF CONCLUSIONS FOR THE FEBRUARY 20, 2007 MEETING: 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; 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 applicant is seeking a 15 foot front yard variance for the construction of a wheelchair ramp for a resident of the property requiring the ramp in order to access the home. Should this variance be granted, the building setbacks for this property would change to 20 feet in the front, and remain 25 feet in the rear, and 10 feet on both sides. It appears that this variance meets the intent of the Code of Virginia, Section 15.2 -2309 (2). This request from the current setbacks of the RP zoning district may be justified in order to enable the construction of the wheelchair ramp. RP zonir Shenandoah Valley Community Residences, Inc. 54N•2.2.32 9 0 7,4 4 sy� HILLCREST NURSING HOME 54 A 1A 4.12 ac: 82 zoning HARDISON 54 A 1E 2.23 ac. Frederick County, VA Location in the County Map Features ss Lakes /Ponds Zoning Streams B1 (Business, Neighborhood District) Buildings B2 (Business, General District) Streets B3 (Business, Industrial Transition District) 463f. Primary EM (Extractive Manufacturing District) Secondary HE (Higher Education District) Terciary M1 (Industrial, Light District) Application M2 (Industrial, General District) MH1 (Mobile Home Community District) MS (Medical Support District) R4 (Residential, Planned Community District) R5 (Residential Recreational Community District) RAZ (Rural Area Zone) RP (Residential Performance District) 0 Location in Surrounding Area 25 50 1o peet Variance VAR 01 -07 Application Ralph Comb Parcel ID: 54N 2 2 32 Shenandoah Valley Community Residences, Inc. 54N•2.2.32 S3 0 VF R A HILLCREST NURSING HOME 54 1A HARDISON 54 A IE 2.23 ac. Frederick County, V, Location in the County Map Features tS Lakes /Ponds Long Range Land Use Streams Rural Community Center to Buildings Residential Streets Business Primary eir Industrial v Secondary tZZ Institutional Terciary Recreation Application Ogo Historic egi Mixed -Use Planned Unit Development Variance VAR 01 -07 Application Ralph Comb Parcel ID: 54N- 2.2.32 Location in Surrounding Area 0 25 50 10 eet Frederick County, Vi Location in the County Map Features el LakesfPonds Streams Streets Primary Secondary Terciary Application 1111#71 Ir/ 4 ;1 1P• �Z 1 14 *144- Location in Surrounding Area o 25 50 1o0 eet Variance VAR 01 -07 Application Ralph Comb, Parcel ID: 54N•2.2.32 MUST BE TYPED OR FILLED OUT IN INK PLEASE PRINT 1. The applicant is the owner X other (Check one) OCCUPANT: (if different) NAME: Ralph H. Combs, Jr NAME: 2. APPLICANT: Executive Director, Shenandoah Valley Community Residences, Inc. ADDRESS 20 E. Piccadilly St. ADDRESS: Winchester VA 22601 -4869 TELEPHONE: 540-722-4900 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA 3. The property is located at (give exact directions and include State Route numbers): 100 Fortress Drive, 22603, in the Star Fort Subdivision, north of Winchester on 522 N. Turn right onto Lauck Drive (State route 832), then right onto Fortress Drive. First house on the right. 4. The property has a road frontage of 227 feet and a depth of 186.17 feet and consists of 0.49901 acres (please be exact). at maximum, to a minimum of 0' Page 5 of 9 TELEPHONE: 5. The property is owned by Shenandoah. Valley Community Residences as evidenced by deed from Dan Ryan Bldrs., Inc. recorded (previous owner) in deed instrument lout no. 040014691 on page of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: 7. Property Identification No.: 5,/ N 2 2 7 2 8. The existing zoning of the property is: 9. The existing use of the property is: T-Q SA,Q_ 1(�I 10. Adjoining Property: Stonewall USE North S t_i West Sl('? Q VIfi4,1 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 15' front yard variance for the construction of a wheelchair ramp for an individual with intellectual, developmental, and physical disabilities living in the home. 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 The lot is triangular with a very small building restriction line due to wide drainage easements, sanitary sewer easement, and 50' zoning district buffer category "A Page 6 of 9 14 cikCftSl NW( rSft `i (11M 0 (f\i c___ Address \k0 L-'xRc., I✓ Property ID 514 A. 1 A fa. l' f n L. Sl'1'11t1 Address 1 t 32 N\ F!-el te\rf Ck -K Property ID bq A I 11 r 1 4Lf4Cl� 4- \cv\ tc,r la RS Address 0 2 6y eSS Property ID F)LI N 2 2 R awl 5f f Si Address toq Lau C-k Property ID bid NI I I 2 TRGLY 10 Va, .r f J Address Property ID 53 5 �j 9 —Chtf Ye c! 1 t "BO-1-hi Address 1 pG -f-O (S Property ID# 51- N -2 -2 -1 Address Property ID Address Property ID 13. Additional comments, if any: None at this time. 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: NAME Page 7 of 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 structure(s) on adjoining properties. Please include any other exhibits, drawings or photographs with this application. See Attached Sketch of Property. Page 8 of 9 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. SIrtTURIL APPLICANT DATE I I19Iotl SIGNATURE OF OWNER 1 II 0 I101 BZA PUBLIC HEARING OF c/c OA 7 ACTION: DA APP OVAL DENIAL AGREEMENT VARIANCE b (Number to be assigned by the Planning Dept.) (if other than applicant) OFFICE USE ONLY- ZA CHAIRMAN DATE: Page 9 of 9 DATE i tti O 7 N z >2 s d 7 '2