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Home My WebLink About15-07 ApplicationVARIANCE APPLICATION #15 -07 JEREMY AND DEBORAH KIDWELL Staff Report for the Board of Zoning Appeals Prepared: September 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 mailer. BOARD OF ZONING APPEALS HEARING DATE: August 21, 2007 Tabled, no proposed drainfield shown September 18, 2007 Action Pending LOCATION: Dunbar Lane, Lot 16, approximately 350 feet from Bryarly Road MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 42 -A -117 PROPERTY ZONING USE: Zoned: RA (Rural Areas) Land Use: Residential and Vacant ADJOINING PROPERTY ZONING USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Vacant East: RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Residential VARIANCE REQUESTED: The applicant is requesting a 40 foot front yard variance, resulting in a front yard setback of 20 feet, and a 36 foot variance on each side, resulting in a side yard variance of 14 feet on each side, for the construction of a single family dwelling. REASON FOR VARIANCE: This property has a width of 60 feet and a depth of approximately 135 feet; therefore, current setback requirements for the RA zoning district eliminate buildable area on the property. Variance #15 -07, Jeremy Kidwell 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 -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, 50 feet to the rear, and 50 feet to both sides. The applicant is requesting a front yard variance of 40 feet from the current 60 foot setback requirement and a 36 foot variance on each side. These requests result in a new front setback of 20 feet and a new side setback of 14 feet (on both sides). Most of the dwellings in the vicinity of this variance request are located close to the road and have small side yard setbacks. If enforced, the setbacks for the RA zoning district would eliminate a buildable area on this lot. After the previous meeting, the applicant did verify that a 40 foot reduction of the setback is all that is needed from the current 60 foot requirement for this property. In addition, drain fields are permitted on adjoining properties provided that the necessary easements can be obtained. Staff feels that the location of a drainfield for this property does not negatively impact the variance request and that the variance request is justified. 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. The applicant is seeking a 40 foot front yard variance and a 36 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 20 feet to the front, 14 feet to the left side, 14 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). This request from the current setbacks of the RA zoning district may be justified. .R #15 -07 t I 1 FP MO Nor r4 Locator G. EDWARDS 42A 1 5 DAVIS, CHRISTINE ELLEN r 421,0123 GIL'L! ANCES 42 2 B KIDW LL,DONALO E 1 1 42 A 120 111 MICHAEL, WAND 1 i 42 A 106 BETHEL LUTHERAN PARSONAGE 42 A 279 I ALI, MOHAMMED Frederick County, VA Location in the County Map Features O Hamlets 4 Future Rt37 Bypass in Application 1,2. Lakes/Ponds Streams Buildings Streets Primary Secondary ti Terciary ■C Urban Development Area wR SWSA Location in Surrounding Area 0 25 50 Map Document: (N: \Planning_And_Development\ 1 Locator_ Mps\ JeremyDeborahKidwell _VAR1507_072307.mxd) 7/23/2007 9:37:42 AM 10 -eet Case Planner: Lauren Variance VAR 15 07 Application Jeremy Debor Kidwell Parcel ID: 42 A 117 R 15 w 07 Irgerroll Kr4ro Zoning Frederick County, VA Location in the County Map Features 0 Hamlets 4 Future Rt37 Bypass Application 15 Lakes /Ponds Streams i Buildings Streets Primary 'v Secondary ti Terciary etoi Urban Development Area Map Document: N:1Planning_And_Development1 _1_ Locator_ Mps\ JeremyDeborahKidwell _VAR1507_072307.mxd) 7/23/2007 9:37:42 AM Jeremy Debor Kidwell Zoning 81 (Business. Neighborhood District) 82 (Business., General District) B3 (Business. Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Industrial, Light District) M2 (Industrial, General District) MH1 (Mobile Nome Community District) MS (Medical Support District) R4 (Residential, Planned Community District: R5 (Residential Recreational Community Dis RAZ (Rural Area Zone) RP (Residential Performance District) SWSA Location in Surrounding Area 25 ;Peet Case Planner: Lauren Variance VAR 15 07 Application Parcel ID: 42 A 117 Location in the County Map Features O Hamlets +N+ Future Rt37 Bypass Application Co Lakes/Ponds Streams Streets Primary Secondary Terciary ∎t Urban Development Area A SWSA ID 0 25 50 Map Document: (■:1Planning And_Development1 1_ Locator_ Mpsl JeremyDeborahKidwell _VAR1507_072307.mxd) 7/23/2007 9:37:42 AM Frederick County, VA Case Planner: Lauren Variance VAR 15 07 Application Jeremy Debor Kidwell Parcel ID: 42 -A -117 Location in Surrounding Area 10-eet �TM i o-+ OFFICEEUSE,O Su tt 1 Deeddline Forkthe meeting o f MUST BE TYPED OR FILLED OUT IN INK PLEASE PRINT 1. The applicant is the owner 2. APPLICANT: NAME: G WQ /S- So yes: A DDRESS H/'n7 QDx$ Whiff:Pei AfG- .26 4 TELEPHONE: 3t4-?% -3Jr APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA other N (Check one) 3. The property is located at (give exact directions and include State Route numbers): F20VM 2x 3 7 S27- NJ TE a.S6 N P■1 d Q-T ON X 22 coo_ 1.5 rn la-5 T C-M LE'PT otv gur,r.sr CSUO2c14 12 1 I M M%oi A`, t LY dv L. eFT oN trc4ReL■( 2 m t (es T1) 2N cl:f 0 Don' A LCDME I r‘.4 It I.a DN +oP-+ 4. The property has a road frontage of fpO, 07C feet and a depth of 3 6..'IQ feet and consists of acres (please be exact). Page 5 of 9 OCCUPANT: (if different) NAME:AQ10v' Li A Ki 7 ADDRESS: /OH Qun�4rj92 /,4,u L1-d iUc& /L 149 2 2( o5 TELEPHONE: -`'G /0- 6 -7106-0 5. The property is owned by J Q.reTn Lj (11 t e� j r c h L pa;g /s evidenced by deed from e. Poi-pd- 3 mac, flfl oilrecorded (previous owner) in deed -heek no. 03:42 on page NA. of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: (ALNa,5 o 7. Property Identification No.: 42 A 117 8. The existing zoning of the property is: 2A 9. The existing use of the property is: 1//G /KJr 10. Adjoining Property: •t Page 6 of 9 ZO North rvc East ii/v9 /?4/1? ithvgit 1 South 1/40/ fuT v West .Sn r /7 ,/l iv q, 11. Describe the variance sought in terms C of distance and type. (For example: "A 3.5' rear yard variance for an attached two -car garage. A 40 rantu r �/i42t vi9Qiatie9 ,Ai 4 36' l/'Aietrioce (7/l/ agch'VDU TO OoAjsfl' --ocr fI it-/C t37. C41 /G hal&7Lenr6= 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 rile I or /6 &V69,o ior G 9' AO4E O l /A uobt) 4 w om t9 z nr St z e NAME .t •t 13. Additional comments, if any: 4 a pc 771 Lon U/!> /N rHi/ 50eoo /5lD& )9ac0F ,51/n /LA2 5 Mar t/A1nt,NCS N7 Nor ,4er CU /Panrr ,u r nJ v. l?u daEf 4 TS, t-!/S no &icA rt cn\J CO 2 peep?, y lo# 42 Ali? 2toue irs '70 ca2 AA/9 SQ'ITABLc coN &ID&asco iBav, 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: Page 7 of 9 /JeG .Y, 1-425 P/clhe /L,s Address /2? b. i'v8R2 GA/ 22403 Property ID 42 A 19 ivnwe,R C7C^r /56' Address /2 b A Bf/C LAT 22403 Property ID /2 /7 /i 6 £ArNoce, G line 4N1 /r S/ nl /l Address /yf ba etie zvr 2z &o3 Property ID 4Z 4 1 +iii owe-1z C eo bsie---/-4 A es A -g-A g• Address 32 ar4 etv ,221,4r Property ID 42 4 /14 etbi„ Jcbc 6 1 0 12 e'r" 1 "4 1 &4 e42R 6 Address 3327 &''I 4 OLt i d p 2:2,(„e,3 Property ID 42 A 107 Address Property ID Address Property ID Address Property ID NAME .t •t 13. Additional comments, if any: 4 a pc 771 Lon U/!> /N rHi/ 50eoo /5lD& )9ac0F ,51/n /LA2 5 Mar t/A1nt,NCS N7 Nor ,4er CU /Panrr ,u r nJ v. l?u daEf 4 TS, t-!/S no &icA rt cn\J CO 2 peep?, y lo# 42 Ali? 2toue irs '70 ca2 AA/9 SQ'ITABLc coN &ID&asco iBav, 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: 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. See A %u e:c tJ f--A cv r S NOTES 1. NO TITLE REPORT EASEMENTS OTHER 7 MAY EXIST. TM 42 —A -107 N/F KIDWELL N 8727'32" W 13.45' LO 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 PORT7ON OF THE BOUNDARY LINES. LOT 13 S 88'03'30" E 60. DUNBAR LANE (40' WIDE) 20 PROPOSED HOUSE LOCATION SKETCH LOT 16 DUNBAR, MARTIN S. GLAIZE LOTS AT ALBIN C.4INESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1" 20' DATE JULY 13, 2007 Founded in 1971 GREENWAY ENGINEERING, INC. Engineers Surveyors 151 Windy Hill Lane Winchester, Virginia 22602 Telephone: (540) 662 -4185 FAX (540) 722 -9528 www.greenwayeng.com 132' t TO FRIES LN. 0 75 GRAPHIC SCALE (IN FEET) 20 4934 SHEET 1 OF 1 u 0 0 ,69'521 3 .00,01.Z0 N 0 DECK 14.0' 15.0' N S 02'30'00' 60' BRL PROPOSED DWELLING r 14.5' 0 0 NOTES 1. NO TITLE REPORT EASEMENTS OTHER 7 MAY EXIST. TM 42 —A -107 N/F KIDWELL N 8727'32" W 13.45' LO 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 PORT7ON OF THE BOUNDARY LINES. LOT 13 S 88'03'30" E 60. DUNBAR LANE (40' WIDE) 20 PROPOSED HOUSE LOCATION SKETCH LOT 16 DUNBAR, MARTIN S. GLAIZE LOTS AT ALBIN C.4INESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1" 20' DATE JULY 13, 2007 Founded in 1971 GREENWAY ENGINEERING, INC. Engineers Surveyors 151 Windy Hill Lane Winchester, Virginia 22602 Telephone: (540) 662 -4185 FAX (540) 722 -9528 www.greenwayeng.com 132' t TO FRIES LN. 0 75 GRAPHIC SCALE (IN FEET) 20 4934 SHEET 1 OF 1 2 •pamva o; po; ;Tmpv con poxvmte along; ;avuQp9Lnosnpo Jo o;soTJTWeo VITn pag e ra 06:zx to 9Y6/ cunt Jo Lip q;y oi; no om o; poonpoad von 2nT ;Tan Jo ;stmna ;VUT PZ 0/ 0 1 (.0 N i 30' w ae• 3s ea J e• tit 21 &0' f'1q R17n TRIfe ST. Z e eo b !an R RO n 0 cc az k9 2 (e di 3 1 0 0 0/ c' Z SOS) 'ugn03 47IH303Nd TIRI09Id N E vi 42 A 115 4.6 Dunbar Lane 42 A 114 42 A 117 42 A 111 --20 42 A 116 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, t e. DATE SIGNATURE OF OWNER SIGNED: APPROVAL DENIAL AGREEMENT VARIANCE /5-0 q (Number to be assigned by the Planning Dept.) if other than applicant) OFFICE USE ONLY BZA PUBLIC HEARING OF 947 D O 7 TE- BZA CHAIRMAN DATE: Page 9 of 9 ACTION: House Plan HWEPL14062 ima Page 1 of 1 close window http: /www.eplans.com /image- gallery.hwx/Q /Plan.HWEPL 14062/Imageld.413927 7/2/2007 House Plan HWEPL14462 ima Bedroom 2 11 -8 13-0 -0" CIg. Ht. Rear Porch 12 -8 x 9 -0 Front Porch 17 -10 x 5 -0 http: /www.eplans.com /image- gallery.hwx/Q/Plan.HWEPL 14062/ImageId.413935 Page 2 of 3 7/2/2007 v 1 b.9 Moaner ea Pr. Mawr Pz%VittMann sow WM 2a Wenger. AIM via 0600173 THIS DEED OF GIFT, made and dated this 14 day of September 2006, by and between C. ROBERT KIDWELL and BARBARA E. KIDWELL, Grantors; JEREMY M. KIDWELL and DEBORAH L. KIDWELL, hereinafter called the Grantees. WITNESSETH: THAT, for and in consideration of the sum of TEN DOLLARS ($10.00), cash in hand paid by the Grantees to the Grantors, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby quitclaim, release and convey unto the Grantees, any and all right, title and interest they may possess in and to the following described real estate, in fee simple, as tenants by the entirety with right of survivorship, as at common law, all the following described property: Reference is hereby made to the aforesaid instruments and the references therein contained for a more particular description of the property hereby conveyed. All those two certain lots of land improved by a dwelling known as 127 Dunbar Lane, lying just west of Route 522 about three miles northwest of Winchester in Gainesboro Magisterial District, Frederick County, Virginia, designated as Lots 16 and 17 on the Plat of 'Dunbar", Martin S. Glaize Lots at Albin, recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 196, at Page 409, and fronting on the south side of Dunbar Street (formerly Fries Street) a distance of 60 feet each and extending back in a southerly direction a uniform width for a distance of 146.3 feet; AND BEING the same property conveyed to C. Robert Kidwell and Barbara E. Kidwell, by deed dated September 2, 2005 from C. Robert Kidwell, Barbara E. Kidwell and Clarence Kidwell, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia as Instrument No.050020108. Coatafiletarthy earners 60A6[p} at law p2 VAS sped ,I It This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property. WITNESS the following signature and seal STATE OF Virginia, County/City of Frederick to -wit: My commission expires: BB SEAL C. RO ERT KIDWELL BARBARA E. KIDWELL Public (SEAL) The foregoing instrument was acknowledged before me this lei day of September 2006 by C. Robert Kidwell and Barbara E. Kidwell. tJ v VIRGINIA: FREDERICK COUNTY.SCT. i This instrument of1� writing \rwas produced to me on s land with eenificate acknowIedncmcm thercio annexed was admitted Io record 'fac impos by Sec 58.1 -892 of S and 58.1 -801 have been paid, if assessable. ,Clerk VARIANCE APPLICATION #15 -07 JEREMY AND DEBORAH KIDWELL 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 be useful to others interested in this zoning matter. BOARD OF ZONING APPEALS HEARING DATE: August 21, 2007 Action Pending LOCATION: Dunbar Lane, Lot 16, approximately 350 feet from Bryarly Road MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 42 -A -117 PROPERTY ZONING USE: Zoned: RA (Rural Areas) Land Use: Residential and Vacant ADJOINING PROPERTY ZONING USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Vacant East: RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Residential VARIANCE REQUESTED: The applicant is requesting a 40 foot front yard variance, resulting in a front yard setback of 20 feet, and a 36 foot variance on each side, resulting in a side yard variance of 14 feet on each side, for the construction of a single family dwelling. REASON FOR VARIANCE: This property has a width 60 feet and a depth of approximately 135 feet, therefore current setback requirements for the RA zoning district eliminate buildable area on the property. Variance #15 -07, Jeremy Kidwell 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 making the current setbacks for the property: 60 feet to the front, 50 feet to the rear, and 50 feet to both sides. The applicant is requesting a front yard variance of 40 feet from the current 60 foot setback requirement and a 36 foot variance on each side. These requests result in a new front setback of 20 feet and a new side setback of 14 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 side setbacks would eliminate a buildable area on this lot. Staff would point out, however, that the enforcement of the front yard requirement does provide some buildable area and therefore such a large reduction in the front yard setback may not meet the intent of the Code of Virginia. Staff does confirm that the side yard variance requests are justified and the applicant should consider reducing the requested variance from the front setback dependant on 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. The applicant is seeking a 40 foot front yard variance and a 36 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 20 feet to the front, 14 feet to the left side, 14 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 ofa single family dwelling. This request from the current setbacks of the RA zoning district may be justified. August 22, 2007 Chris Boyce HC 87 Box 58 Yellow Spring, WV 26865 RE: VARIANCE REQUEST #15 -07 FOR JEREMY AND DEBORAH KIDWELL Dear Mr. Boyce: The above referenced application was tabled by the Board of Zoning Appeals at their meeting on August 21, 2007 in order for the applicant to submit a detailed house location plan. The request on parcel bearing Property Identification Number 42 -A -117 is for a 40 foot front yard variance, resulting in a 20 foot front yard setback, and a 36 foot variance on each side, resulting in a side yard variance of 14 feet on each side. 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, Mark R. Cheran Zoning Administrator MRC/bhd cc: Jeremy and Deborah Kidwell, 108 Dunbar Ln., Winchester, VA 22603 Jane Anderson, Real Estate John Trenary, Inspections 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 CO o T B COPY RICK Department of Planning and Development 540/665 -5651 FAX: 540/665-6395