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HomeMy WebLinkAbout14-07 ApplicationVARIANCE APPLICATION #14 -07 C. ROBERT AND BARBARA KIDWELL Staff Report for the Board of Zoning Appeals Prepared: August 6, 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 be useful to others interested in this zoning matter. BOARD OF ZONING APPEALS HEARING DATE: August 21, 2007 Action Pending LOCATION: Fries Lane, Lot 13 Dunbar Subdivision MAGISTERIAL DISTRICT: Gainesboro PROPERTY Ill NUMBER: 42 -A -114 PROPERTY ZONING USE: Zoned: RA (Rural Areas) Land Use: Vacant ADJOINING PROPERTY ZONING USE: North: RA (Rural Areas) South: RA (Rural Areas) East: RA (Rural Areas) West: RA (Rural Areas) Use: Residential Use: Residential Use: Residential Use: Residential VARIANCE REQUESTED: The applicant is requesting a 20 foot front yard variance, resulting in a front yard setback of 40 feet, and a 34 foot variance on each side, resulting in side yard variance of 16 feet on each side, for the construction of a single family dwelling. REASON FOR VARIANCE: Current setbacks for the property result in a small buildable area on the property. Variance #14 -07, C. Robert and Barbara Kidwell 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 -2 (Agricultural General) in 1967. The property setback Imes 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. The applicant is requesting a front yard variance of 20 feet from the current 60 foot setback requirement and a 34 foot variance on each side. These requests result in a new front setback of 40 feet and a new side setback of 16 feet (on both sides). The majority of the homes in the vicinity of this variance request are located close to the road and have small side yard setbacks. If enforced, the current RA setbacks would eliminate a buildable area on this lot. However, the enforcement of the front setback requirement on this property does provide a large enough area on the property for the placement of the proposed dwelling, only the enforcement of the side setbacks eliminates the building lot completely. Therefore, the side yard variance requests appear justified and the applicant should be prepared to revise the front yard variance request 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 var The applicant is seeking a 20 foot front yard variance and a 34 foot side variance on both sides in order to build a single family dwelling. Should this variance be granted, the building setbacks for this property would change to 40 feet to the front, 16 feet to the left side, 16 feet to the right side, and remain 50 feet in the rear. It appears that this variance meets the intent of the Code of Virginia, Section 15.2 -2309 (2); however, staff does feel that the front setback request could be reduced and still allow for the construction of a single family dwelling. This request from the!current setbacks of the RA zoning district may be justified. R 14 07 Locator i 42 A 71B IDERW00D, DELLEA E 42 A 96 DEAHL, SHANNON M 42 A 97 SWARTZ, CHARLESR 1 42 A 98 SWARTZ, CHARLEg CAROL A 42 (AI123 GILLVEAN EMI FRANCES 1 42 2 A K IDWELL, DONALD WAYNE 42 2 B KIDWELL, DONALD WAYNE COFFALgN�F RE K 8 GLADYS sum 42 A 113 KIDWELL, DONALD 42 A REEL, MARY PORTER 7,„ tir4 z 42 A 114 KIDWELL, C ROBERT BARBARA E 42 A 111 SALYER, JOSEPH M ETALS 42 A 110 SALYER, JOSEPH M ETALS 42 A 106 BETHEL LUTHERAN PARSONAGE i 42 A 107 KIDWELL, C ROBERT BARBARA E 42 A 108 1 KIDWELL, C ROBERT BARBARA E 42 A 109 FAITH REVIVAL CENTER R. G. ED WARDS 42A 1 5 DAVIS, CHRISTINE ELLEN 42A 1 3 SIRBAUGH, JERRY L Hudson•Ave 1.11111111111111.11 PRIM P �L6�Nrc IGER, IANNA K. 2 A JEAN F, RAAHCES w cn 130 SRDON, RONALD E MARIAN M 42 A 120 MICHAEL, WANDA T. MUM f Y A3 en 42 *42 A ROBINSON, JAMES 0 SHARON V A 104 DILL, JAMES GLORIA Dunbar En Edwards•L•n KIDWELL, JEREMY M 42 A 272 ALI, MOHAMMED w Frederick County, VA Location in the County Map Features 0 Hamlets 4 99. Future Rt37 Bypass VAR1407_CRobertBarbaraKidwell rb Lakes /Ponds Streams Buildings Streets Primary 4 4 Secondary Terciary VI Urban DevelopmentArea SWSA Map Document: N: \PIanning_And_Development\_1_ Locator_ Mps\ CRobertBarbaraKidwell _VAR1407_072307.md) 7/23/2007 9:44:59 AM 0 25 50 10Feet Case Planner: Lauren Variance VAR 14 07 Application C. Robert Barb Kidwell Parcel ID: 42 -A -114 Location in Surrounding Area R #14 -07 Zoning Location in the County Map Features O Hamlets IN Future Rt37 Bypass VAR1407_CRobertBarbaraKidwell O Lakes /Ponds Streams Build,ngs Streets Primary Secondary ti Tertiary .I Urban Development Area SWSA 0 26 5( Map Document: N: \Planning_And_Development\_1_ Locator_ Mps\ CRobertBarbaraKidwell _VAR1407_072307.mfd) 7/23/2007 9:44:59AM Frederick County, VA Case Planner: Lauren Variance VAR 14 07 Application C. Robert Bark Kidwell F�eei Parcel II): 42 A 114 Location in Surrounding Area Location in the County Map Features o Hamlets Future R t37 Bypass VAR1407_CRoberlBarbaraKidwell Lakes/Ponds a t Streets ti Primary 1. Secondary 's•- Terciary CI Urban Development Area SWSA 0 25 50 Map Document: N:1Planning_And_Development1 _1_ Locator_ Mps\ CRobertBarbaraKidwell _VAR1407_072307.mxd) 7/23/2007 9:44:59 AM Frederick County, VA 1 0Peat Case Planner: Lauren Variance VAR #14 -07 Application C. Robert Bari Kidwell Parcel ID: 42 -A -114 Location in Surrounding Area 1. The applicant is the owner 2. APPLIC� NAME: Ci/ /GE ADDRESS HCF7 80 t aitiS90,/tvc WO 26166 TELEPHONE: 305- gbly- 0067 Page 5 of 9 •f APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA MUST BE TYPED OR FILLED OUT IN INK PLEASE PRINT other (Check one) OCCUPANT: (if different) NAME: C,4be„-f 4eb4e4Edowel/ ADDRESS: 327 KrVAe lQ %(/iwc- ficsrec. !/A 2Z(o3 TELEPHONE:570 72Z D5( 3. The property is located at (give exact directions and include State Route numbers): peon THE £r 37 522- nJ N7EeS o w ,t/ Q /VO 1ZrN CAN 57,Z %5m' /e,d iv (9A) ?3vizwir CA/02cm e /M/r1,€ iA rc%y rD'✓aw tpr ozJ linty ZA70a bill 6044-- 0A bu-A,60g n/G /h r It 7 U /L/v £e o-ev Ft's L -4iv6 r C 5'i VI4G,0Arr C-0 r ON L-6 r,/ err le) 4. The property has a road frontage of 77 /0 feet and a depth of and consists of .32 acres (please be exact). /g3, 70 feet 4 v 5. The property is owned by e. edu,- 4 $BA2 &aWeil as evidenced by deed from J N e /te. q recorded (previous owner) in deed k no.(y%r1,J 15294 en -page Al /1 of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: g,4 Ai q Aj4,0 7. Property Identification No.: 42 8. The existing zoning of the property is: ,jzi 9. The existing use of the property is: *64 /U 10. Adjoining Property: USE ZONING North i l l L& CA M i by EcW N(- Q A East ei /vete Pawn Dweu.iN RA South5tN6u.„EFAmiw g, A West 5 AJ6,Lr: Ff\tvi a Owe N G- EA 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 2D' Peon' T MCI ANGer ,9 A 31/ l/A QIAVe ory &9UQ S OE p C04/51-2OcrZ0 111 OC f' 6 //UcLL� bit/etc/A/6- 2. 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 11. A ,vh 5m nr ST the use or development of property immediately adjacent thereto I-or i5 e 'CVptio/1) ley 4992teocu,cleAadru, Page 6 of 9 4 v 13. Additional comments, if any: �GC ci T7✓e Lo rwou 5 R D/ L /S a- w A ,29 OF' 6iv It A ,Si P-e 4aA Htrssr bulat //vas' !10 Nor Mier Cu2Q.cMr 2aN/Iuc- kugii/ iene7v -.5.. 7Hg AG /L /CK1i'CAN CO e Pie pc-p y /6 rf 42 A /4 £EQuu -rj To /3c &VYE n/ FA C. q N q 4p1L 17 MA'S/DeizAnd N 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 'OGrEGZ G Q.D%72/^f 1 sH2BAQ.q Li Address .?2 z l°eJ/Aee-V ,ea 7-2;c003 Property ID 1'2 4 /07 Je olY /l/1 b&t/6TZ De 2icH Address Jog ©Uti 84i2 4-'v Zz44v3 Propert ID 42 2 .4 1/ 7 1 ,e/1rHoee aNN.e.A.uf 7- Si A CH Address /4/ A u A, ,fie Liu 221r>0,3 Property ID 4z. ig //5' 6 Drv7I db,vgG>> 4i4 ,v6 Address 719 fyN 3A /zLv 124703 Property ID 42 t 6 &'3 W 6ZG to /I: AGa Q/n/GNL= Address /kg &//V64/z, E.A./ 22663 Property ID 4 //3 5�t L Y6 465e Al 4' C-7-467 /2 Address 13 z// A ine c% De. 22( Property ID 42 4 Address Property ID Address Property ID 4 v 13. Additional comments, if any: �GC ci T7✓e Lo rwou 5 R D/ L /S a- w A ,29 OF' 6iv It A ,Si P-e 4aA Htrssr bulat //vas' !10 Nor Mier Cu2Q.cMr 2aN/Iuc- kugii/ iene7v -.5.. 7Hg AG /L /CK1i'CAN CO e Pie pc-p y /6 rf 42 A /4 £EQuu -rj To /3c &VYE n/ FA C. q N q 4p1L 17 MA'S/DeizAnd N 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 Page 8 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. Sec f i TT1C k{ e 5 D2y1 r M 6=5 20 NOTES SCALE: 1 Founded in 1971 0 GRAPHIC SCALE ON FEET) LOT 16 LOT 15 LOT 14 1. NO TITLE REPORT FURNISHED. r EASEMENTS OTHER THAN SHOWN MAY EXIST. 2. THE BOUNDARY INFORMATION SHOWN HEREON HAS BEEN PREPARED FROM AVAILABLE RECORDS AND IS NOT PURPORTED TO BE A BOUNDARY SURVEY OF THE PARCEL OR ANY PORTION OF THE BOUNDARY LINES. 20' Engineers Surveyors 20 TM 42 —A -107 NSF KIDWELL S 01'19 0 Cn 16.0' MERIDIAN OF RECORD INST. NO. 01000932 50' BRL LOT 13 13965 SO. FT. DECK I 60' BRL PROPOSED DWELLING N 02'30'00" E 77. 10' 212' TO DUNBAR LN. FRIES LANE (30' WIDE) PROPOSED HOUSE LOCATION SKETCH LOT 13 DUNBAR, MARTIN S. GLAZE LOTS AT ALBIN GAINESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA DATE.- JULY 13, 2007 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane Winchester, Virginia 22602 Telephone: (540) 662 -4185 FAX. (540) 722 -9528 www.greenwayeng.com 16.0' 4935 SHEET 1 OF 1 xurr3 poza oar kri 4 7/ o 39.104; laoat8p9lnoaltao 30 0 1 9771. 100 Vila Pug ira of :Z1 ;a 9961 Svnp 30 Lop mg o4; 00 am o; poonpoad San BSS ;jan ;o ;aomna;ovl 9VZ 3 tr K.1 473 Sc' ti 61 4 J v 38 60' MAArne fRir.? ST Za f' A RO.r co to kJ 1f olJ Lj W K N 0 0/ N •paaooa of polllwpa rata '109) 'EYHIIOO 37IU!OZHA VINIOUTA a w 1 1 1 g 2. 1 VARIANCE rj (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. SIGNATU DATE 7 2-7 SIGNATURE OF OWNER t 7 7 -L/ DATE 7 (if other than applicant) BZA PUBLIC HEARING OF SIGNE APPROVAL DENIAL ANT AGREEMENT OF FICE USE ONLY a/ -DA BZA CHAIRMAN DATE: Page 9 of 9 ACTION: Home Plans and House Plans by Betz Associates HOME Home Plan ASPEN PRODUCTS SERVICES GENERAL INFO HELP LINKS Main Order Online Elevation Main Floor Lower Floor Plan Specs Similar Plans Click to enlarggJ W 9' .p71. vas. '4' 4.1 r,... Boro.. s i !veP,rt 'AY Click to en arge_] Similar Home Plans SHERMAN OAKS ?CI 1st Floor 46 sq. ft. 2nd Floor 1249 sq. ft. Total 1295 sq. ft. Overall Dimensions: 45' 0" x 31' 4" Floorplans and Elevations are subject to change. Floorplan dimensions are approximate. Consult wo king drawings for actual dimensions and information. Elevations are artists' conceptions. HOME PLANS 1 PRODUCTS I SERVICES' GENERAL INFO I HELP COPYRIGHT LINKS 1 PRIVACY POLICY 1 CONTACT INFO 1 SITE MAP http://www.frankbetz.c om/homeplan s /plan_info. html ?pn =1080 Page 1 of 1 1 -888- 717 -3003 Shopping Cart My Favorites My Compares Sign in FIND A BUILDER More Options COMPARE THIS PLAN ADD TO MY FAVORITES PRINT THIS PAGE MODIFY THIS PLAN We can modify any of our plans to meet your requirements. click here for more ■r.fcrrnalior Sponsored Ads Mouldings for Your New Home Use on Stucco, Brick or Stone Many Styles to Choose From 1997 2007 FRANK BETZ ASSOCIATES, 11 6/27/2007 Home Plans and House Plans by ank Betz Associates r, HOME Home Plan ASPEN Bedroom 2 Dining Area Kitchen 10 x 10 11 PRODUCTS Main Order Online Elevation Main Floor Lower Floor Plan Specs Similar Plans HOME PLANS 1 PRODUCTS 1 SERVICES 1 GENERAL INFO 1 HELP LINKS 1 PRIVACY POLICY I CONTACT INFO I SITE MAP 45 =0 Vaulted Great Room 14 x 18 N Ir MOH PLR =LPG SERVICES UPPER LEVEL PLAN GENERAL INFO TRAY oIS J40 Master Suite 12 x 14 Floorplans and Elevations are subject to change. Floorplan dimensions are approximate. Consult working drawings for actual dimensions and information. Elevations are artists' conceptions. http://www.frankbetz.com/homeplans/plan_info.html?pn=1080&vw=3 HELP More Options LINKS 1 -888- 717 -3003 Shopping Cart My Favorites My Compares Sign in COMPARE THIS PLAN ADD TO MY FAVORITES PRINTER FRIENDLY VERSION MODIFY THIS PLAN COPYRIGHT 1997 2'07 FRANK BETZ ASSOCIATES, it Page 1 of 1 6/27/2007 0 0 0 ca 040015296 THIS DEED made and dated this 2 day of August, 2004, by and between JASON D. McKELVEY party bf the first part, hereinafter called the Grantor, and C. ROBERT KIDWELL and BARBARA E. KIDWELL, parties of the second part, hereinafter called the Grantees. WITNESSETH: That for and in consideration of the sum of Ten ($10.00) Dollars, cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant, bargain and sell with general warranty and English Covenants of title unto the Grantees, in fee simple absolute, as tenants by the entirety with common law right of survivorship, all of that certain lot or parcel of land lying and being situate a short distance west of U.S. Highway No. 522 (now known as Virginia Secondary Highway Route 719) in Gainesboro Magisterial District, and being identified as Lot 13 on the plat of Dunbar, Martin S. Glaize Lots at Albin, which is of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 196 at Page 407, and further shown on that certain plat of survey drawn by Scott J. Wolford, L.S., dated June 27, 2001, as containing 13,965 square feet, Lot 13, which is attached to that certain Deed of record in the aforesaid Clerk's Office as Instrument No. 01- 0009320, and being a portion of the same land conveyed to Jason D. McKelvey by Deed date July 19, 2001 from Jeremy M. Kidwell, of record in the aforesaid Clerk's Office as Instrument No. 01- 0009320. Page l of 2 11617XS J\A MFFD• Maeny [tlw11+y6 0 0 0 This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property. WITNESS the fo_lowing signatures anc`. seals. 1 6400 0 Inc); L 6 -1 SEAL) Jas D. McKelvey J STATE OF VIRGINIA CITY OF WINCHESTER, TO-WIT I tie/ a Notary Public in and for the State and jurisdiction aforesaid, do reby certify that Jason D. McKelvey, whose name is signed to the foregoing DEED dated the 2°" day of August, 2004 has persona. y appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this ,T day of 2414 2004. My Commission expires -1 -07 NOTARY UBL1C VIRGINIA: FREDERICK COU ucad to me on This instrument of writing was p w and a with t o record. impos d by See 58.1 -802 of S .DD and 58.1- 801 have been paid, if assessable I. 4 Page 2 of 2