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Home My WebLink About08-07 ApplicationVARIANCE APPLICATION #08 -07 FRANKLIN AND CANDY MILLER Staff Report for the Board of Zoning Appeals Prepared: August 3, 2007 Staff Contact: Lauren E. Krempa, Planner I 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 he useful to others interested in this zoning matter. BOARD OF ZONING APPEALS HEARING DATE: July 17, 2007 Action Tabled, Applicant Not Present August 21, 2007 Action Pending LOCATION: Woods Mill Road (Route 660) in John Hepfer's Subdivision No. 1, Lot 3 MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 55A -1 -3 PROPERTY ZONING USE: Zoned: Rural Areas (RA) Land Use: Residential ADJOINING PROPERTY ZONING USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: Agricultural West: RA (Rural Areas) Use: Residential VARIANCE REQUESTED: The applicant is requesting a 23.5 foot left yard variance, resulting in a 26.5 foot left yard setback, and a 17 foot right yard variance, resulting in a 33 foot right side setback, for the construction of a single family dwelling. REASON FOR VARIANCE: Exceptional narrowness'of lot. Variance #08 -07 Franklin and Candy Miller August 3, 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. The Frederick County Board of Supervisors amended the setbacks for the RA Zoning District on February 28, 2007 making the current setbacks for the property: 60 feet to the front, 100 feet to the rear, and 50 feet to both sides. Based on the narrowness of this lot, the applicant is requesting a 17 foot variance on the right side and a 23.5 foot variance on the left side in order to construct a single family dwelling. The current RA setbacks, if enforced, would eliminate a buildable area on this lot. If granted, this variance would result in new setbacks of 60 feet to the front, 100 feet to the rear. 26.5 feet on the left, and 33 feet on the right. This application was tabled at the July 17, 2007 meeting because the applicant was not present at the time of the public hearing. Therefore, it would be appropriate for the Board of Zoning Appeals to hold the public hearing for this application at their August 21, 2007 meeting. STAFF CONCLUSIONS FOR THE AUGUST 21, 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 23.5 foot left yard variance and a 17 foot right side variance in order to build a single family dwelling. Should this variance be granted, the building setbacks for this property would be 60 feet to the front, 100 feet to the rear, 26.5 feet on the left and 33 feet on the right 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. AR #08 -07 Locator WOODS 55 7 3 COMER, RONALD L 55 7 2B CAMPBELL, CHRISTOPHER S RED ESLID 55A 1 4 POSEY, RICHARD A. MARY ANN 55 A 136 JRW PROPERTIES RENTALS INC. Frederick County, VA Location in the County Map Features o Hamlets 01ki. Future 16137 Bypass le Application o Airport FS LaIres /Ponds Streams Streets Primary 1r Secondary Tertiary S Urban Development Area M SWSA If 0 Map Document: N:1Planning_And_Developmentl_1_ Locator_ Mpsl FranklinCandyMiller _VAR0807_62507.mxd) 6/25/2007 11:49:54 AM Variance VAR 08 07 Application Franklin Candy Miller Parcel ID: 55A -1 -3 Winchester w g ;n;a a re$ hfo nson 0 i eefown ordanSprings 0 O Burnt Factor} Location in Surrounding Area 100 200 Case Planner: Lauren R 08 07 4011100001101 Prii 1010:41t0OVIM Oil Aerial Frederick County, VA Location in the County Map Features O Hamlets eers Future Rt37 Bypass Application O Airport Lakes /Ponds Streams Skeels ti Primary Secondary Tertiary :1 Urban Development Area SWSA nson 0 eetown rdan Springs 0 Buih Factory F:. Map Document: (N:1Planning_And_Development1 1_ Locator_ Mpsl FranklinCandyMiller _VAR0807_62507.mxd) 6/25/2007 11:49:54 AM Location in Surrounding Area 100 200 Variance VAR 08 07 Application Franklin Candy Miller Case Planner: Lauren Parcel ID: 55A -1 -3 Q°Peet LearLroak V4 aa(034 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA OFFICE USE ONLY- Variance Application No. g b? Submittal Deadline: 644 An Submittal Date: (c//c70 7 For the meeting of 11/, i 0 7 T 'L4 Z 8/alJo Fee Paid: Sign Depos initials: MUST BE TYPED OR FILLED OUT IN INK PLEASE PRINT PL 1. The applicant is the owner other (Check one) 2. APPLICANT: OCCUPANT: (if different) 11 NAME: Tu m nn:n, go Enc. NAME: Pro C p'A• �c.nd (1 1., ADDRESS 19(0 kue,.6uc ec ADDRESS: 14% U00 IL e 6 aLsto o 1 2 2 TELEPHONE: C( 41-1 SAO '\3`N` TELEPHONE: Sgb- Col -lb/ 3. The property is located at(give exact directions and include State Route numbers): Qc1 1`nzs io pr ?erl1 v.\ 2.» 4. The property has a road frontage of 95, 09 feet and a depth of 483„a Li feet and consists of 1. 0 acres (please be exact). 5. The property is owned by rrcn 'r, -c•nck as evidenced by deed from c,. :r1 pa k\-4..r recorded (previous owner) in deed book no. on page to5q of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: Stun""' 7. Property Identification No.: 55A-1-3 8. The existing zoning of the property is: I 1 9. The existing use of the property is: Rts �eni cc\ I Vo,c,n..b 1,Q,ni 10. Adjoining Property: North East LA South West USE ryyri cake t 0.4 L.T 1 41 etsdcnkh a 'A" r rroting:ss 7 RA Rp RA RA 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. v ar:anc,t- bJcs 15' V stA \Q.ch ar.ancv 1 6r ia' �l�r:c ee sX Lek or Le,}t SJ- ZONING 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 jg Prope.A0 Address 13 S. Ls,,,da,n SVV ncL. 92141 Property ID SSr n 131 IR d L Corner Address 143 UooA) AN1 (24. trial, <1 son VA Property ID# S"S- p ecI,en:1 tno q A nn P oS eV I Address ill, G10 ds 11.11 PA 4c.$se•�son VA a71o5� Property ID 44,,.-,11. `c C,,„‘ Mt, Address 1448 1JDisnls m•i 0, Sk YA 2]bsb Property ID Ss p I 2 Address Property ID Address Property ID Address Property ID 13. Additional comments, if any: 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 1 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. 9 NOTES: 1. FREDERICK COUNTY TAX MAP: 55A -1 -3. 2. NO TITLE REPORT FURNISHED, EASEMENTS AND /OR OTHER ENCUMBRANCES OF RECORD MAY EXIST WHICH ARE NOT SHOWN HEREON. 3. THIS PLAT IS THE RESULT OF A CURRENT FIELD SURVEY. 4. VERTICAL DATUM IS ASSUMED. tp ,LTH OF 1 4 o BENJAMIN C. MONTGOMERY p LJc. No. 30342 15 SI ONAL ENV n m m t0 6. N i JRW PROPERTIES RENTALS, INC. D.B. 591, PG. 630 PC 544, \6, 26.5'1 w co 0 c' o o P N i 0 R=11,479.16' N 28'18'04 "E A= 95.09' 4.55' ROUTE 660 WOODS MILL ROAD 40' R/W (D.B. 251, PG. 162) GRAPHIC SCALE MMi NO031, 's n 55'.�:ilar aaaws,sa 1 inch 50 ft. 55 —A -136 30 631 O I'] 632 a LOT 634 635 6 36 6 0 0 2 PROPOSED GRAINFIELD EASEMENT PROPOSED DPP! EXISTING STRUCTURES TO BE REMOVED z z EXISTING ASPHALT 0/W GRADING PLAN LOT 3 JOHN M. HEPFER'S SUBDIVISION NO. 1 STONENALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALES 11" 5 DATE JUNE ,3JNEE 11, 2007 OUJ ®@�J f1 GORMER Q Sirgiueeriug Qroup, Me. 180-9 Prosperity Or. (540) 450-3236 VOICE Winchester, 22502 (540) 450-3235 FAX SHEET 1 OF 1 JOB F 01-012 SENT BY: ERA OAKCREST REALTY; SIGNATURE OF APPLICANT DATE (o BZA PUBLIC HEARING OF APPROVAL 6620988; AGREEMENT VARIANCE '7 (Number to be assigned by the Planning Dept) 1 (we), the undersigned, do hereby respectfully make application, and petition the Freden k County Board of Zoning Appeals (BZA) to grant a variance to the terms of the Freden k County Zoning Ordinance as described herein. I agree to comply with any conditions for e variance required by the BZA. 1 authorize the members of the BZA and Frederick County officials to go upon the prop for site inspection purposes. I understand that the sign issued to me when this application is submitted must be place the front property line at least seven (7) days prior to the BZA nubile hearing and main so as to he visible from the road or right -of -way until the hearing. I hereby certify that all of statements and information contained herein are, to the bes my knowledge, true. SIGNATURE OF OWNER ILI JK (if other than applican OFFICE USE ONLY- /A F -DAT SIG DENIAL DATE: 10 JUN -1O 9:13AM; DATE I c) ACTION: -rR5LD ai BAIRMAN PAGE 2/2 at d f 52-4 07/09/2007 16:50 54066772 Jul. 9. 200 7 3:26PM otarY SCHRANTZ Spexial Limited Power of Attorney County of Frederick, Virginia No. 6436 P. 2 Plaaaimig OSron, Cacti" of Frederick, vireo* 107 North Kent Street, Winchester, v¢rmla 22601 Phone 540-665-5651 Facsimile 540 665-6395 Know All Men By These Presents: That I (we) (Name) C121a'1 l kltn s me M.( t (Phmtc)540 (a1121 (Address) t l4$ Woods MIL IZd, SXlsnn 1/A- zzk s() the owners) of ell those tracts orpareols of land "Property') ta me (us), by L recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Vngiaia, by Instrument No. on Page and is described as Parcel: —Lot: Block 1 Section: 55); Snbdi.ision: Cnn 0( 'S iC do hereby t; �make, comstitate and appoin (Name) l h& J l nit (Phone) S- j (Phone) S- (Address) i r G �U e.b� e.,( oo k 22(a To ad as my Mt and Iawilll atromt} -m -fact fa and in my our) name, place and ;lead with full power and amity I (we) would have if acting pemonally to file planning applications for my (our) above described Property, including: Q Rnoniag (Including proffers) O Conditional Use Permits Master Development Plan (Preliminary and Final) Subdivision CI Site Man 'jar o_v c c My atto%Aey -in-Eect shall have the authe;ity to offer pmfthted mations and to make amendment; to previously approved proffered conditions except as follows: This authorization shall empire one year from the day it is signed, or wail it is otherwise rescinded or modified In witness thereat I (we) have hereto ad my (our) band and seal this W irt day of J tt kj 1007 Signamre(sy-e d Wa /i ti l Q R State of Virginia, City /County of R. o an of o_ To -wit: I, 'R..% A- -Jaye a Notary Public in and for the jurisdiction aforesaid, catity that the peracn(s) who signed to the foregoing instrument and who is are) known to me, personally appeared before me aigliB6# t r►tv n acknawIled the same before me in the jurisdiction aforesaid this IL day of ZOp r'IP, t =re i My Commission Expires: IP 3 4 p PAGE 01/01 S 4 art cot"'^'" g Instrument No. Signature(s) Special Limited Power of Attorney County of Frederick, Virginia Planning Office, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540- 665 -5651 Facsimile 540- 665 -6395 Know All Men By These Presents: That I (We) (Name) Chris IP,nningS (Phone) 59D (Address) /94, e€PbucK Rood ('Ipnrhrooc UA ,aloa4- the owner(s) of all those tracts or parcels of land "Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by on Page and is described as My Commission Expires:December 31, 2007 Notary Public Notary Registration #139067 Parcel: 3 Lot: 3 Block: 1 Section:C-A Subdivision:, john rlep e ,SLbd h 1 isiOI do hereby make, constitute and appoint: (Name) Land, A 5- 4nwers (Phone)SZ1n- y.Q (Address) /SO 9 P% peril /kite yt�ild -e• i aartna To act as my true and lawful attdfney- -fact for aAd in my (our) name, place and stead with full power and authority 1 (we) would have if acting personally to file planning applications for my (our) above described Property, including: G Rezoning (Including proffers) G Conditional Use Permits G Master Development Plan (Preliminary and Final) G Subdivision G Sitt Plan X Vario.nte My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded okn�t?. ie, "n In witness the e" 1 (we) have hereto set my (our) hand and seal this /(p day of 7�tleriSf.{,� PuB1.tC MV COMMISSION Q State of Virginia, City/County of t1t cder(Ck, To -witty o'., EXPIRES I, Cathy M. Jewell a Notary Public in and for the jurisdiction aforesaid, certify that the Ge 0 signed to the foregoing instrument and who is (are) known to me, personally appeared before me and that' ac owledged the same before me in the jurisdiction aforesaid this 16tlday o fAugust 200 July 19, 2007 Chris Tennings 196 Ruebuck Rd. Clearbrook, VA 22624 RE: VARIANCE REQUEST #08 -07 FOR FRANKLIN CANDY MILLER Dear Mr. Jennings: The above referenced application was tabled by the Board of Zoning Appeals at their meeting on July 17, 2007. It is the policy of the Board of Zoning Appeals to have the owner and/or the applicant present in order for the Board to render a decision. The request on parcel bearing Property Identification Number 55A -1 -3 is for a 23.5 foot left yard variance, resulting in a 26.5 foot left yard setback, and a 17 foot right yard variance, resulting in a 33 foot right side setback, for the construction of a single family dwelling. This request has been scheduled for the August 21, 2007 Board of Zoning Appeals meeting. If you have any questions regarding this action, please feel free to call this office. Sincerely, ark R. Cheran Zoning and Subdivision Administrator MRC/bhd cc: Franklin Candy Miller, 748 Woods Mill Rd., Stephenson, VA 22656 0 NRE Department of Planning and Development 540/665 -5651 FAX: 540 /665 -6395 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 pERICK VARIANCE APPLICATION #08 -07 FRANKLIN AND CANDY MILLER Staff Report for the Board of Zoning Appeals Prepared: July 6, 2007 Staff Contact: Lauren E. Krempa, Planning Technician 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 he useful to others interested in this zoning natter. BOARD OF ZONING APPEALS HEARING DATE: July 17, 2007 Action Pending LOCATION: Woods Mill Road (Route 660) in John Ilepfer's Subdivision No. 1, Lot 3 MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 55A -1 -3 PROPERTY ZONING USE: Zoned: Rural Areas (RA) Land Use: Residential ADJOINING PROPERTY ZONING USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: Agricultural West: RA (Rural Areas) Use: Residential VARIANCE REQUESTED: The applicant is requesting a 23.5 foot left yard variance, resulting in a 26.5 foot left yard setback, and a 17 foot right yard variance, resulting in a 33 foot right side setback, for the construction of a single family dwelling. REASON FOR VARIANCE: Exceptional narrowness of lot. Variance #08 -07 Franklin and Candy Miller July 6, 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. The Frederick County Board of Supervisors amended the setbacks for the RA Zoning District on February 28, 2007 making the current setbacks for the property: 60 feet to the front, 100 feet to the rear, and 50 feet to both sides. Based on the narrowness of this lot, the applicant is requesting a 17 foot variance 011 the right side and a 23.5 foot variance on the left side in order to construct a single family dwelling. The current RA setbacks, if enforced, would eliminate a buildable area on this lot. If granted, this variance would result in new setbacks of 60 feet to the front, 100 feet to the rear, 26.5 feet on the left, and 33 feet on the right. STAFF CONCLUSIONS FOR THE JULY 17, 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 23.5 foot left yard variance and a 17 foot right side variance in order to build a single family dwelling. Should this variance be granted, the building setbacks for this property would be 60 feet to the front, 100 feet to the rear, 26.5 feet on the left and 33 feet on the right 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. 060016923 THIS DEED, Made and entered into this 31" day of August 2006, by and between BRUCE A. PAINTER and SHIRLEY W. PAINTER, husband and wife, "GRANTORS"; and FRANHIdN IC MILLER and CANDY M. MILLER, husband and wife, of 748 Wonds Mi 11 Road, Stephencnn, Virgirtia 22F,56 "GRANTEES WITNESSETH: That for and in consideration of the principal sum of Two Hundred Twenty Thousand Dollars ($220,000.00), cash in hand paid, the receipt of which is hereby acknowledged, the Tax Map N 55A 12 said Grantors do hereby grant, bargain, sell and convey, with GENERAL WARRANTY 55A 13 AND ENGLISH COVENANTS OF TITLE, unto the Grantees, Franklin K. Miller and Candy M. Miller, husband and wife, as tenants by the entireties and not as tenants in common, with full common law rights of survivorship in the survivor as at common law (it being intended that the part of the one dying should then belong to the other, his or her heirs and assigns), all of those two certain lots of land, together with the improvements thereon and the rights, rights of way and appurtenances thereunto belonging, lying and being situate on the East side of Virginia State Highway No. 660, approximately three and one -half miles Northeast of the City of Winchester, in Stonewall Magisterial District, Frederick County, Virginia, designated as Lots No. 2 and No.3, of the John M. Hepfer Subdivision No. 1, a plat of which is of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 216, Page 588, and more particularly described as follows: This Document Prepared By Lot No. 2 frnntinoi n^ t (tending \0 'ith a width v Rsc y, Attorneys Law back 456.6 feet on its Woodstock, nne saa VA of 105.2 feet in the re; 0 0 rr 0 Lot No. 3, fronting 100 feet on the East side of State Route No. 660, and extending back 486.4 feet on its northern boundary and 456.6 feet on its southern boundary, with a width of 105.2 feet in the rear. The above described and conveyed real estate is the same real estate conveyed to Bruce A. Painter and Shirley W. Painter, his wife, by deed from Osby C. Frazier and Shelby E. Frazier, his wife, dated September 5, 1964, of record in the aforesaid Clerk's Office in Deed Book 303, Page 85. This conveyance is made, however, subject to the following restrictions which are constituted covenants real running with the land. 1. That no dwelling house or other building shall be erected thereon nearer than 40 feet to the southeastern right of way line of said Highway No. 660. 2. That no dwelling house or commercial S hading having a value of less than Three Thousand Dollars ($3,000.00) shall be erected or maintained thereon. 3. That no dwelling house or commercial building having a foundation area of less Man 525 square feet shall be erected or maintained thereon. 4. That no trailer or house trailer, regardless of value, shall be permanently parked, installed or maintainer. thereon. This conveyance is made subject to all rights of way, easements, covenants, restrictions and reservations within the chain of title anr. oberwise appertaining thereto. Reference is hereby made to the abovementioned deeds and records and to the references therein referred to for a more particular description of the real estate .herein conveyer, and. for further derivation of title. 1 WITNESS the following signatures and seals: (SEAL) VOCE A. PAINTER litalt .PV ran r“) (SEAL) /SHIRLEY MINTER 1 COMMONW3ALTH OF VIRGINIA AT LARGE COUNTY/UW(0F SHENANDOAH TO-WIT: The foregoing instrument was acknowledged before me this 1st day of September 2006, by Bruce A. Painter and Shirley W. Painter, husband and I wife. My commission expires October 31, 2008 flz&) 20L VIRGINIA: FREDERICK COUNTY.SC. This instrument of writing was produced to me on _ft_a_11 Ann co at and with certificate a cknmICdCrnC flt thereto annexed was admin.A1 to record. Tax al by Sec. 58.1102of n J., to ?,av and 5S. I SO have been paid, if assessable 4 ecal. Clerk NOTARY PIJBLIC mt 40 n KS 44 7 It 1