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HomeMy WebLinkAbout11-07 ApplicationVARIANCE APPLICATION #11 -07 JAMES MARLOW Staff Report for the Board of Zoning Appeals Prepared: September 6, 2007 Staff Contact: Lauren E. Krempa, Planner 1 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: August 21, 2007 Tabled, no applicant present September 18, 2007 Action Pending LOCATION: Off of Wardensville Grade (Route 608) on Gobblers Knob Lane, Lot 15 MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 51 -A -78A PROPERTY ZONING USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Residential VARIANCE REQUESTED: The applicant is requesting a 63.4 foot rear yard variance resulting in a rear yard setback of 36.6, for the construction of a single family dwelling with a deck. REASON FOR VARIANCE: The current RA setbacks for this property yield a very small buildable area and due to the shape and topography of the site available construction sites are limited. Variance #11 -07, James Marlow September 6, 2007 Page 2 STAFF COMMENTS: Frederick County adopted zoning in 1967. The Frederick County historical zoning map shows this property was zoned A -1 (Agricultural Limited) 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. This applicant is requesting a variance of 63.4 feet on the rear which would result in a rear yard setback of 36.6 feet for the construction of a single family dwelling with deck. The amended setbacks for this zoning district create a very small buildable area on this triangular lot and the sloping topography of the site renders the area provided by the current setbacks unusable. Therefore, this reduction of the current setbacks appears justified; however, staff would note that decks and other non essential features are not typically considered a hardship and it may be appropriate for this applicant to remove the deck from the proposed building location dependant upon the public hearing for this request. STAFF CONCLUSIONS FOR THE SEPTEMBER 18, 2007 MEETING: The Code of Virginia 15.2 -2209 (2), states that no variance shall be granted unless the application can meet the following requirements: 1) The strict application of the Ordinance will produce an undue hardship. 2) The hardship is not generally shared by the properties in the same zoning district and vicinity. 3) That the authorization of such variance will not be a substantial detriment to the adjacent property and the character of the district will not be changed by the variance. Should this variance be granted, the setbacks for this property would remain 60 feet from the front, 50 feet to the sides, and change to 36.6 feet on the rear. 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. 51 A 64C LILLIS, MARYIDEN 51 A 76 MARLOW, JAMES/ NGOC•HAN NGUYEN 51 A 79 TERRY M EILEEN M r 51 A 82 WAMS, DARLENE LAHONDA 84 MJNC 51 A 78 LEIGHT, TERRY M oQ 51 24 2 3 PITCOCK, TRACY LYNN ��Pµ N pH40 \NGS ti Frederick County, VA Location in the County Map Features Hamlets Application O Airport Ca Lakes/Ponds Streams Streets Primary 'M Secondary Terciary Winchester Rds I Urban Development Area PIP SWSA Map Document: N:1Planning_And_Development1 _1_ Locator_ Mps1JamesMarlow _VAR1107_062707.mxd) 6/27/2007 2:06:16 PM Location in Surrounding Area 0 75 150 30p Case Planner. Lauren Variance VAR #11 -07 Application James Marlow Parcel ID: 51 A 78A ProM40 PTO Aerial Frederick County, VA Location in the County Map Features O Hamlets Application I= Airport CA Lakes /Ponds Streams Streets Primary ti Secondary ti Tertiary Winchester Rds S Urban DevelopmentArea SWSA Map Document: (N:1Planning And_Developmentl 1_ Locator_ Mps \JamesMarlow_VAR1107_062707.mxd) 6/27/2007 2:06:16 PM Variance VAR 11 07 Application James Marlow Parcel ID: 51 -A -78A Location in Surrounding Area 0 75 150 30 t -eet Case Planner: Lauren 1 1 e --et. Q�b,,,_ Q_ Aft addock Realty ol 665.0700 c APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA ,70FFICk USE ONLY -Submittal-Deadline: For the meeting of Vanance'Application No Submittal' Date 6/c2C/0'7 Fee Paid: Sign Deposit initials: MUST BE TYPED OR FILLED OUT IN INK PLEASE PRINT' 1. The applicant is the owner other (Check one) 2. APPLICANT: OCCUPANT: (if different) NAMI:R\Ch'BBCa MaQ \o*/ NAME: ADDRESS \ct ADDRESS: CS %J c. a ta:Vi. TELEPHONE: SAO 33(o TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): "Wk 50 vJ Eotr \e ouAo R4. ld B Jaraeo.5Q lc Gc' a ppco 1 C \.S m, \ec eF \a e_ \o\ t \000CA- The property has a road frontage of 37 t feet and a depth of 2 -5'- y feet and consists of 1.3 i acres (please be exact). 6 5. The property is owned by acres keve as evidenced by deed from -3e Fi Oav■ S recorded (previous owner) in deed book no. 5 6`i on page '364 of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: \2CK Cr 7. Property Identification No.: S\ A 18 A 8. The existing zoning of the property is: R F 9. The existing use of the property is: Res Aau ka�— 10. Adjoining Property: USE �A ZONING North Rea\ac #aL East cs-,ae.uiaL RA South Re- rccv k aL.- 2 A West 13 ai... Q.A 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 t A 47 L(' V t a,oe_ ro m c o c rucrure. 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 -Due- \-o Shape 3 J came-- Vopo Couc 4iouS A,rc<-A+oo wvul� Movltec A-he- prok.k bl� cc, Cvus- 4ruct extsa. 0.- 1- 1aabez -1-dpo TrCk ?hiC, 4- ruc4ure 11.1 crvy over■d ax .0 ho4 0 3 ra h5. Sames Marlow` tvC; _1_1zy Ma; tov./ Address 61 ici la a d VJi.Qct c..\c Property ID# 5 A ](c V.1 s i o,apt\C Y Address r a o G \o'nlare,- C c Ci Lam Property ID S t tk 1 G A Lak h 2 M LZ13 A \-\off iLcs 1 -l_-G, Address 1131,1 Vit \e a>Jc Purci v t keA Property ID SA A 13 Address Property ID 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 8 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. e c Se_c 2-V A a the �1 9 FROM (WED)MAY 10 2007 17:07/ST. 17:02 /Mo. 7000000100 P 1 S 3 A Kt R-U R'o- 822 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. 1 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. 1 hereby certify that all of the statements and information contained herein are, to the best of my knowledge, true. SIGNATURE OF APPLICA rUk A rt 0. DATE tp\aiioh SIGNATURE OF OWNER BZA PUBLIC HEARING OF AGREEMENT VARIANCE 1/ -O 7 (Number to be assigned by the /Tanning Dept) (if of er than applicant OFFICE USE ONLY- DATE APPROVAL SIGNE DENIAL DATE: DATE 5/2767 1 0 /09 ACTION: CHAIRMAN 41.4' 501 BRL NOTES 1) CONTOURS TAKEN FROM FREDERICK COUNTY GIS DATA.. 2) NO TITLE REPORT FURNISHED. EASEMENTS AND /OR OTHER ENCUMBRANCES OF RECORD MAY EXIST WHICH ARE NOT SHOWN HEREON. 51 -A -76 AME E NGOC -HAN NGUYEN MARLOW 4.401 ACRES -940 ZONE: RA.._ S62'3 J4'20 S E wST. #ot00 i 51 -A -78 TERRY M. LEIGHT 8.95 ACRES ZONE: RA D.B. 630. PG. 569 EXHIBIT SHOWING PROPOSED HOUSE LOCATION ON TAX MAP PARCEL 51 -A -78A BACK CREEK MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1' 50' DATE: MAY 30, 2007 MO TOME If Sngiireeriirg Qroup, ,Inc. 80-9 Prosperity Dr. (540) 450-3236 VOICE Ynchester, VA 22602 (54 450-3235 FAX ww.MEGtric. biz SHEET 1 OF 1 JOB 07 -063 --Jun 24 2007 2:29PM 102;~ 102601. -r" N° S -7g4 5403028 p. 1 THIS DEED, made and dated this 14th day of February 2002, by and between JEFFREY S. DAVIS, married, Grantor, hereinafter called the party of the first part; and JAMES E. MARLOW and NGOC -HAN N. MARLOW, Grantees, hereinafter called the parties of the second part. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid by the parties of the second part to the party of the first part, and other good and valuable consideration, the receipt of which is hereby acknowledged, the said party of the first part does hereby bargain, sell, grant, and convey with general warranty and with English covenants of title unto the Grantees herein, in fee simple, jointly, as tenants by the entirety with the common law right of survivorship, the following real estate, subject to all easements and legally enforceable restrictions and reservations of record affecting such realty: All of that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, lying and being situate in Back Creek Magisterial District, Frederick County, Virginia, beginning at a point on the west side of the existing roadway, as shown on the survey of Charles Kirkland, C.L.S., dated September 29, 1975, and of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 450, at Page 634; and running with that roadway from the land of Fishback to the other land of Fishback, then running in a Northeasterly direction along the lands of Fishback and the Shenandoah Land Company to the other lands of Fishback, then in a Northwesterly direction to the point of beginning. The property conveyed herein contains that land east of the line herein described to the lands of Fishback and the lands now, or formerly, owned by Shenandoah Land Company as,shown on the aforesaid survey. AND BEING the same land conveyed to the Grantor herein by Deed dated August 8, 1983, and recorded in the aforesaid Clerk's Office in Deed Book 569, at Page 364. This conveyance is made expressly subject to all restrictions, covenants and easements now of record on said property as the same may lawfully apply. WITNESS the following signature and seal:" I n Ai 4 2 Jun 24 2007 2:29PM THOMAS R. ROCKWOOD *nand •r LAW VWYm61a. rtNYNIR COMMONWEALTH OF VIRGINIA, CITY /€fJIDMOF WINCHESTER 5408773028 I, Hattie L. Rainer a Notary Public in and for the State and County /City aforesaid, do hereby certify that Jeffrey S. Davis, whose name is signed to the foregoing Deed dated February 14 2002, has this day personally appeared and acknowledged the same before me in my State and County /City aforesaid. My commission expires Ju ly 31, 2005 Given under my hand this 14th day of February 2002. VIRGINIA: FREDERICK COUNTY, SCT. This instrument of writing was produced to mean and ualr, ceni o a t was adrnatcd u ad:no hnpos e by rver,o -5O o f record. Ti imposed u� Svc. 5 8.1-5D2, of p.S;ao and 58.1 -80I have been paid, if assessable 6e-.t Clerk 2 t t, p. 2 August 22, 2007 Richard Marlow PO Box 190 Gore, VA 22637 RE: VARIANCE REQUEST #11 -07 FOR JAMES MARLOW Dear Mr. Marlow: The above referenced application was tabled by the Board of Zoning Appeals at their meeting on August 21, 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 51 -A -78A is for a 63.4 foot rear yard variance, resulting in a 36.6 foot rear yard setback. This request has been scheduled for the September 18, 2007 Board of Zoning Appeals meeting. If you have any questions regarding this action, please feel free to call this office. Sincerely, MRC/bhd Mark R. Cheran Zoning and Subdivision Administrator cc: James Marlow, 561 Devland Dr., Winchester, VA 22603 COU 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 ULM!CK Department of Planning and Deve opment 540/665 -5651 FAX: 540/665 -6395 VARIANCE APPLICATION #11 -07 JAMES MARLOW Staff Report for the Board of Zoning Appeals Prepared: August 6, 2007 Staff Contact: Lauren E. Krempa, Planner 1 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 11 may also be useful to others interested in this zoning matter. BOARD OF ZONING APPEALS HEARING DATE: August 21, 2007 Action Pending LOCATION: Off of Wardensville Grade (Route 608) on Gobblers Knob Lane, Lot 15 MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 51 -A -78A PROPERTY ZONING USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Residential VARIANCE REQUESTED: The applicant is requesting a 63.4 foot rear yard variance resulting in a rear yard setback of 36.6, for the construction of a single family dwelling with a deck. REASON FOR VARIANCE: The current RA setbacks for this property yield a very small buildable area and due to the shape and topography of the site available construction sites are limited. Variance #11 -07. James Marlow August 6, 2007 Page 2 STAFF COMMENTS: Frederick County adopted zoning in 1967. The Frederick County historical zoning map shows this property was zoned A -1 (Agricultural Limited) 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. This applicant is requesting a variance of 63.4 feet on the rear which would result in a rear yard setback of 36.6 feet for the construction of a single family dwelling with deck. The amended setbacks for this zoning district create a very small buildable area on this triangular lot and the sloping topography of the site renders the area provided by the current setbacks unusable. Therefore, this reduction of the current setbacks appears justified; however, staff would note that decks and other non essential features are not typically considered a hardship and it may be appropriate for this applicant to remove the deck from the proposed building location dependant upon the public hearing for this request. STAFF CONCLUSIONS FOR THE AUGUST 21, 2007 MEETING: The Code of Virginia 15.2 -2209 (2), states that no variance shall be granted unless the application can meet the following requirements: 1) The strict application of the Ordinance will produce an undue hardship. 2) The hardship is not generally shared by the properties in the same zoning district and vicinity. 3) That the authorization of such variance will not be a substantial detriment to the adjacent property and the character of the district will not be changed by the variance. Should this variance be granted, the setbacks for this property would remain 60 feet from the front, 50 feet to the sides, and change to 36.6 feet on the rear. 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. f NOTES: 1) CONTOURS TAKEN FROM FREDERICK COUNTY GIS DATA.. 2) NO TITLE REPORT FURNISHED. EASEMENTS AND /OR OTHER ENCUMBRANCES RECORD MAY EXIST WHICH ARE NOT SHOWN HEREON. 51 -A gc NGOC -HA-76 N NGUYEN MARLOW JAMES E• 4,401 ACRES J ZONE: 940 INST. #010001357, 251:4©._ Cr S62'34 20 o vi 2 O Q Q Z O O N N 1 50'i BR 3 36.6' cD N fl* O. r Dc L1 E 41.4' OF I 7 I I I r 1 I I I 51 -A -78 TERRY M. LEIGHT 8.95 ACRES ZONE: RA- D.B. 630. PG. 569 t 1 1 1 1 i tx ,mss 1 n rn 1 •\9 5 N. N. C N. o� cp `960 O 51 -A -78A 1.312 ACRES o N. 1 o` I Z 0 I `L pp 0 N r .0 99 5 EXHIBIT SHOWING PROPOSED HOUSE LOCATION ON TAX MAP PARCEL 51 -A -78A BACK CREEK MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" 50' DATE: MAY 30, 2007 180 -9 Prosperity Dr. Winchester, VA 22602 www.MEGinc. biz Eirgineeriag Qroup, Inc. (540) 450 -3236 VOICE (540) 450-3235 FAX SHEET 1 OF 1 JOB 07 -063 NOTES: 1) CONTOURS TAKEN FROM FREDERICK COUNTY GIS DATA.. 2) NO TITLE REPORT FURNISHED. EASEMENTS AND /OR OTHER ENCUMBRANCES OF RECORD MAY EXIST WHICH ARE NOT SHOWN HEREON. 51 -A -76 JAMES E. NGOC -HAN NGUYEN MARLOW 4.401 ACRES 940 ZONOE1 000135 25 1 740, S 82'34'20 "E INST. 7 i 50'1 BRL 'I 'CP 1 51 -A -7� 1 TERRY M. LEIGHT 8.95 ACRES ZONE: D.B. 630. PG. 569 PL�H OF. o Y A. STOWERS a No. 002342 C AD sue I Z X00 it in Q N N J 6, H N9 1 N. 5 EXHIBIT SHOWING PROPOSED HOUSE LOCATION ON TAX MAP PARCEL 51 -A -78A BACK CREEK MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" 50' DATE: MAY 30, 2007 180 -9 Prosperity Dr. (540) 450 -3236 VOICE Winchester, VA 22602 540 450-3235 FAX www.MEGinc.biz d.®O iTGONIE 'Y 8nglrreeriug Qroup, ,Inc. SHEET 1 OF 1 JOB 07 -063