HomeMy WebLinkAbout02-07 ApplicationVARIANCE APPLICATION #02 -07
GARY BAYLIS
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: South side of Sulphur Springs Road (Route 655) near Opequon Creek
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 65 -A -187
PROPERTY ZONING USE: Zoned: Rural Areas
Land Use: Vacant
ADJOINING PROPERTY ZONING USE:
North: RA (Rural Areas) Use: Residential
South: RA (Rural Areas) Use: Regional Landfill
East: Clarke County Use: Regional Landfill
West: RA (Rural Areas) Use: Regional Landfill
VARIANCE REQUESTED: 49 foot right yard variance resulting in a 51 foot right yard setback
for the construction of a single family dwelling.
REASON FOR VARIANCE: The property has exceptional shallowness due to topography and
the location of the flood zone on the property.
Variance #02 -07 Gary Baylis
February 5, 2007
Page 2
STAFF COMMENTS:
Frederick County adopted zoning in 1967. The Frederick County historical zoning map shows this
property was zoned A -2 (Agricultural General) in 1967. The property setback lines at the adoption of
the zoning ordinance were 35 feet for the fronts and 15 feet for the side yards. Frederick County
amended its Ordinance in 1989 to change the A -2 zoning districts to the current RA (Rural Areas)
Zoning District, making the current setbacks for the property: 60 feet to the front, 100 feet to the rear,
and 100 feet to both sides. Therefore, based on the topography for this property and the existence of
the flood plain, the applicant is seeking a 49 foot right yard variance. All other property setback lines
will remain unchanged. This variance request, if approved, will result in a 60 foot front yard setback,
a 100 foot rear yard setback, a 100 foot left yard setback and a 51 foot right yard setback.
Staff would point out that a different variance request, for a front yard variance, was heard by this
Board in December of 2006. That application was tabled, at the request of the applicant, and was
then withdrawn by the applicant. For this variance request, the applicant has reconfigured the
location of the house on the property and is now requesting a right side yard variance off of the
Frederick County Landfill. Staff would also note that the applicant did obtain the necessary
approvals for this dwelling from the Health Department and the Virginia Department of
Transportation, proof of which is included in your agenda.
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 49 foot right yard variance. Should this variance be granted, the building
setbacks for this property would be 60 feet in the front, 100 feet in the back, would change to 51 feet
on the right side and remain 100 feet on the left side. 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 RA
zoning district may be justified.
LAMBERT
65 A 186
20.37 ac.
Su \pher -`Dr'" 9 dun
City of Winchester&
Frederick County BOS
(Landfill)
65 A 168
MILLER
65 A 189A
18.04 ac.
Gary Baylis
65 A 167
Clarke County, VA
Frederick County, Vi
Location in the County
Map Features
D Lakes /Ponds Zoning
.4-- Streams s 51 (Business, Neighborhood District)
Streets t= B2 (Business, General District)
41 416 Primary B3 (Business, Industrial Transition District)
v Secondary 41, EM (Extractive Manufacturing District)
Terciary HE (Higher Education District)
0 Application M1 (Industrial, Light District)
M2 Industrial, General District)
MH1 (Mobile Home Community District)
MS (Medical Support District)
As R4 (Residential, Planned Community District)
R5 (Residential Recreational Community District)
RAZ (Rural Area Zone)
RP (Residential Performance District)
Location in Surrounding Area
0 125 250
5 Ceet
Variance
VAR #02 -07
Application
Gary Baylis
Parcel ID:
65 -A -187
LAMBERT
65 A 186
20.37 ac.
�su \pHeY.g7c1n9
City of Winchester
Frederick County BDS
(Landfill)
65 A 168
Clarke County, VA
Frederick County, V4
Location in the County
Map Features
D Lakes /Ponds Long Range Land Use
-r Streams Rural Community Center
Streets Residential
1111. Primary 5 F Business
Secondary Industrial
Tertiary Institutional
Application Recreation
Historic
Mixed -Use
CO Planned Unit Development
Location in Surrounding Area
0 125 250 500
eet
Variance
VAR #02 -07
Application
Gary Baylis
Parcel ID:
65 -A -187
City ctWtnchestP.t
rretlarizk County BOS
(Lanc1lBL
65.' A 165
LAMBERT
65 A' 986
20.37 ac
i
MILLE
65• 16
18.04 C.
/"��i111p1 I
Gary Baylis
65 A 167
t a
it
e'r'r
CCarke Coutity,'1t
t�-
Frederick County, VI
Location in the County
Map Features
Lakes /Ponds Zoning
Streams 81 (Business, Neighborhood District)
Streets 82 (Business, General District)
Primary 53 (Business, Industrial Transition District)
Secondary EM (Extractive Manufacluring District)
4%. Terciary HE (Higher Education District)
Q Application M7 (Industrial, Light District)
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)
0 125 250
50.Cl
Variance
VAR 02 07
Application
Gary Baylis
Parcel ID:
65 -A -187
Location in Surrounding Area
12/01/2006
To: Frederick County Building and Inspections
From: Kevin D. Yost, Frederick- Winchester Health Department
Date: October 13, 2006
Subject: Existing sewage disposal system; Tax Map 65 -A -187
Gary Baylis property
The health department has no objection to a building permit for a one- bedroom replacement
home on the subject property. The sewage disposal system proposed to serve the replacement
mobile home appeared to be functioning properly after needed repairs. A new sewer line may be
required to serve the replacement dwelling if current permit expires. If so, a Health Department
permit will be required.
No guarantee is given or implied that this sewage disposal system will continue to function
properly in the future. Repairs will be required if the system malfunctions. Such repairs may
require the installation of an alternative sewage disposal system.
Kevin D. Yost
14:59 540727 FRED CO EH op
Lord Fairfax Environmental Health District
107 N. Kent St.
Winchester, Virginia 22601
(540) 722 -3480 FAX (540) 722 -3479
Counties of,• Clarke FSedertcly Page, Shenandoah, a1s wren, and City of Winchester
PAGE 01
'HERMIT TO INSTALL OR REP.
WATER SUPPLY and /or SEWAGE DISPOSAL SYSTEMS
j
l Address
Owne y�
(Ma Address)
Occupant
Exact Location
of Premises
OWNER DESIRES TO: p/7 \'STALL REPAIR
Water Supply System Water Supply System
ewage Disposal System Sewage Disposal System
Septic Tank Sept' c' ank
Health Department Recommends:
WATER SUPPLY: Location to be approved by Sanitarian. Type:
Drilled Well Driver. Well Bored Well Dug Well
Other Cased feet.
Casing to be properly sealed and vented if necersarv. Casing to extend at least
6 inches above pump room floor. Grouted feat All surface drainage
to flow away from water supply. Well to have a platform of concrete or other
impervious material, at least 4 inches 'hick ai, casino. extending at (east 24
Inches in all directions from casing, gently sloped for drainaga.
SOIL STUDY: Naturally drained, suitable 7 v. sight f s No
Technical Classification:
Rough Classification: 0 Sandy I .Red up Clay Pipe Clay
Percolation Test Required: Yes .5.rogo Rate
Minutes Per Inch Depth of Water Table feet
(Estimated)
al -face Drainage Required: Yes Telco Area Drainage by
Lowering Ground Water Table Required: Yes to
Rough sketch of Premises (including adjacent Properties If pertinent. Shoring Location of Lot Line. Buildings, Water Sapp =s. Ssw u= ^'s csai 2.-
tems, Trees, and Other Possible Sources of Contamination of Water Supplies. by Indicating Distances and Slope with regard to one anatber.
LNS 121 Rev. 1I -57
Vire„ cna•e nano .n..=.., ,.e wen ne
D --e .Case No.
Address r?�a Address)
re Z
on —Lot No.) (Scree
DETAILS OF RECOMMENDED SYSTEMS
Note: Owner or Ns agent must notify f f Health Department. Pbo w Gf3/ hen Installation
Is ready for Inspection. If any Sewage Disposal Sys m, or pa 3, ereof, Is cover a. .re being Inspected by the Health lieper ent, it shall b uncovered at the
direction of the Health Director or his agent. CONDITIONS DISCOVERED DURING INSTALLATION MAY REQUIRE ADJUSTMENTS OP SYSTEM DESIGN.
Changes from above specifications reaulre Health Department approval before being made.
Based on the above information, the undersigned recommends that this permit be issued.
j.,+P�yelie
Phone
mfr umber) f;
G
FOR•
welling Other
Actual or Potential Bedrooms, ,e ctual or Estimated Water
ConsumptionaaGal. Per Day Automatic Washimg 1i/1a
Yes 4ii,..2Qo Garbage Disposal Unit Yes No..❑y ?Cldi-
tional Wastes
DETAILS OF CON TRUCTTON: t atertfght Septic Tank of
Inside dim psions:
Lengct_I —feet. Widt f ^et. Li u capacity Caullons.
HOUSE SEW LINE Size f f�. Inches. Type of material
_equire <we&estarce from Water Sunpiv�
SJBSURFACC` ABSORPTION graLD: Osmbs i-:n Sox r_ ui :ai. Ditc hes of
e:eai Length required.
Number of square feet required_ 0 Type aggragate
required: Stone 7 Gravel 1,1 Sla_. Size
1 72 inch to 2=t inches Depth of aggregate fr an b of range ro
bottom of ditches to _inches:
Total aggregate must equal minimum depth of 13 inches r mere.
Soil CCoveu over tile not to exceed .,,inches. Distance fro:r.
Se;la_e Disposal ys`.e_re to the nearest point of a Water Sug ly
System will be4 ?_feet.
.S l
Date Signed
(Reviewing Authority)
GREGORY A. WHIRLEY
ACTING C( St1100
August 18, 2006
Gary Baylis
965 Summerfield Lane
Winchester, VA 22601'
Dear Mr. Baylis:
COMMONWEALTH of VIRGINIA
According to your request, you have permission and will be required to do the following marked
items to your entrance:
While working on the right -of -way, it will be necessary to erect signs according to
VDOT's standards prior to staring work. These signs are to be removed daily.
A minimum of 30 feet of 17 X 13 inch approved culvert pipe will be required.
Li Please give me a call at (540) 869 -1100 when the pipe has been delivered at the
site. Soil moisture conditions will govern when the culvert is installed.
If rock is encountered which requires drilling and/or blasting, the entrance is to be
graded by you at no cost to the Virginia Department of Transportation.
You will be required to place crushed stone from the right -of -way to the edge of
the roadway.
All graded slopes are to be 1 1/2:1 or flatter. You will be required to topsoil and
reseed all disturbed turf on the State's right -of -way.
You will be required to flatten the slopes in a uniform manner and restore them to
the satisfaction of the Virginia Department of Transportation.
The ditch line will have to be restored.
Provisions will be made
DEPARTMENT OF TRANSPORTATION
14031 OLD VALLEY PIKE
EDINBURG, VA 22824
VirginiaDOT.orq
Route: 655
YEARS OF
TRANSPORTATION EXCELLENCE
1 9 0 6 2 0 0 6
Permit No. 0608 -0434 -554
Ref: Private Entrance Permit
Street Name: Sulphur Springs Road
Located at: 1.31 ME of Rte. 656
Subdivision:
Frederick County
within the State's right -of -way.
APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
MUST BE TYPED OR FILLED OUT IN INK PLEASE PRINT
1. The applicant is the owner other (Check one)
2. APPLICANT: OCCUPANT: (if different)
NAME: /9,9 q f t v, S NAME:
ADDRESS 76S g lin L47 ADDRESS:
ot
TELEPHONE: 5 4.47 -A? 6 TELEPHONE:
3. The property is located at (give exact directions and include State Route numbers):
1)7 .'W 6t¢S (OF /,wilC6 /bS Ta .4 ter ox/
G 0 i o oAuan/ c,4 °ic- A O Z!79 ort/
7 4/ Y
4. The property has a road frontage of .5 2 00 feet and a depth of 7a,, a feet
and consists of 3, ;Loth 3 acres (please be exact).
Page 5 of 9
o• The property is owned by
by deed from gain c! /S �'iti y S. sevidenced
book no. a recorded (previous owner) in deed
Court for Frederick CoUnpage of the deed books of the Clerk of the
�7l[Sc ty. Please attach a copy of recorded deed.
6. Magisterial District: L�LF7tlr dY .6
7. Property Identification No.:
8. The existing zoning of the property
9. The existing use of the property is:
10. Adjoining Property:
USE Z0—
North ��1�llb i /A
East ca ily it
South A/�1i
West Aibiz i
Describe the variance sought in terms of distance and typ
rear yard variance for an attached two -car e For example: "A 3.5'
garage.
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
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.
piEo j 6E. /S A k:�ri/cti 57
04/r w J ti f} g,ws rz2 Cep /7/Q- /Dol
.cf/i!E /WO rACAir POA Ce{ l Sctinee
z27 J /ha
36 A--7 ol
Page 8 of 9
'ii /,lfm it' 1 /JX v/t/
Address 41 (A 400 A AtJ. IF C 1/ ck
Property ID# £og /d 9A
,1'OMUAV0 A.0 /r -M /G
Address 8L ueF7 4 tie
Property ID 6
12- A/,C -y 1//C/Cs
MINcYlcS
Address p (`r,F,
/�?0 eii fifty, Xn /n /l C RA PA.ago,
Property ID 6 5-_,11 iy9 C
Address
Property ID
Address
Property ID
Address
Property ID
Address
Property ID
Address
Property ID
13. Additional comments, if any: n L,0A /i J
LOWAI ANA r »q «yfrkE= TO
A 770A/ n u r� FIE v zo/r /e-
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
z
AGREEMENT
VARIANCE &a 0 7
(Number to be assigned by the Planning Dept.)
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 APPLI ANT
DATE /1---/r
SIGNATURE OF OWNER DATE
DENIAL
(if other than applicant)
OFFICE USE ONLY-
BZA PUBLIC HEARING OF ,2/070 2 ACTION:
-DA
APPROVAL
SIGNED: Sc�c,_� —(e
BZA CHAIRMAN
DATE:
Page 9 of 9
PLOT PLAN
LAND OF
GARY BAYLISS
SHAWNEE DISTRICT
FREDERICK COUNTY, VIRGINIA
FLOOD ZONES SHOWN HEREON HAVE
BEEN SCALED FROM FIRM MAP 510063
0120 B EFFECTIVE JULY f7, 1978
BRIDGE
NO TITLE REPORT FURNISHED
0 CHRIS P ER D.
FURSTENAU
No. 2727
4.o1Z7, c
SURV t'4OO
ALTH 0
E Loc\RON N•I
SPRLY..R1N
I
i I
e.\ 3.2663 ACRES
c,mms Lp,xpSipN
1'8 I
FDwR mlf 1
L41 D35'.
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CHRISTOPHER D. FURSTENAU, L.S. PC
133 WEST BOSCAWEN STREET SUITE 2 WINCHESTER, VIRGINIA 22601
540 542 -1164 FAX 540 542 -1183 SERVICES@CDFSURVEYS.COM
MEMBER VIRGINIA ASSOCIATION OF SURVEYORS
DATE: NOV. 27, 2006
SCALE: 1"=
TAX MAP: 65 —A -187
W.0.06 -00 -0228
PLOT PLAN
LAND OF
GARY BAYLISS
SHAWNEE DISTRICT
FREDERICK COUNTY, VIRGINIA
FLOOD ZONES SHOWN HEREON HAVE
BEEN SCALED FROM FIRM MAP 510063
0120 B EFFECTIVE JULY 17, 1978
BRIDGE
r,
S
NO TITLE REPORT FURNISHED
EX6NNC'LDUNWTpN
12.
707.56'
0
N
M
APPROXIMATE LOCATION OF
SULPHER SPRING RUN
3.2663 ACRES
n
52.0'
N
0
N
IRF
pLTH 0
o CHRISTOPH D.
FURSTENAU
I I No. 2727
l{/o✓ zoo 6
�qNO SUR\1Es0
CHRISTOPHER D. FURSTENAU, L.S. PC
133 WEST BOSCAWEN STREET SUITE 2 WINCHESTER, VIRGINIA 22601
540 542 -1164 FAX 540 542 -1183 SERVICES @CDFSURVEYS.COM
MEMBER VIRGINIA ASSOCIATION OF SURVEYORS
DATE: NOV. 27, 2006
SCALE: 1"=-100'
TAX MAP: 65 —A -187
W. 0.06 -00 -0228