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HomeMy WebLinkAbout16-07 ApplicationVARIANCE APPLICATION #16 -07 Z. L. METZ CONTRACTING, LLC Staff Report for the Board of Zoning Appeals Prepared: August 30, 2007 Staff Contact: Mark R. Cheran, Zoning Administrator 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: September 18, 2007 Action Pending LOCATION: McDonald Road (Route 616), Lot 145 MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 51 -A -145 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: Vacant East: RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Residential VARIANCE REQUESTED: The applicant is requesting a 15 foot side yard variance on both sides, resulting in side yard setbacks of 35 feet, 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 #16 -07, 1 L. Metz Contracting, LLC August 30, 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 front 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. This property is .767 acres in size with a width of 60 feet and a depth of 135 feet, and cannot meet the current setbacks associated with the RA zoning district. The applicant is requesting a variance of 15 feet on both side yards from the current fifty (50) foot setback side requirement of the RA zoning district. This variance, if granted, would result in a thirty -five (35) foot side yard variance on both sides, to construct a 22'x 34' single family dwelling with a 5'x22'front porch. The properties adjacent to the applicant's property are less than five (5) acres as required by the Frederick County Zoning Ordinance. Therefore, this variance request would be in character with the adjacent properties. and appears that this variance meets the intent of the Code of Virginia. Section 15.2 -2309 (2). 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. The applicant is seeking a variance of fifteen (15) feet on both side yards in order to construct a 22'x34' single- family dwelling with a 5'x22' front porch. Should this variance be granted, the building setbacks for this property would be 60 feet from McDonald Road (front), fifty (50) feet from the rear property line and would change to thirty -five (35) feet on both sides. 51 20 6 19 WE, TERRY L. STEPHANIE E. 51 15 2 ARTINEZ, JUAN G LINDA G 4. 0 6y c' v u 2� 3 0 9 1, '2 o. 61 3 RE, STACEY SHEA Ilk ''Na cA6\4'' 6 R0* 0 45e*. P 51 A 141 SHIRLEY, AL SONS INC. 51 61 2 MCGRATH, JOHN J Frederick County, VA Location in the County Map Features o Hamlets Future Rt37 Bypass Q Application 3'! Lakes /Ponds Streams Buildings Streets Primary Secondary Tertiary Winchester Rds ....I Urban Development Area SWSA 25 50 10peet Map Document: (N:1Planning_And_Development1 1_Locator_Mps1ZL_ Metz_ Contracting_VAR1607_082107.mxd) 8/22/2007 3:24:36 PM Case Planner: Mark Variance VAR 16 07 Application Location in Surrounding Area Z.L. Metz Contracting, LLC Parcel ID: 51 A 145 1 R# 16 -07 an rac ing Zoning M Frederick County, VA Location in the Gounty Map Features 0 Hamlets e!• Future Rt37 Bypass Application C. Lakes/Ponds Streams Buildings Streets Primary ti Secondary Tertiary Winchester Rds t Urban Development Area Map Document: (N:\Planning_ And _Development1_1_Locator_Mps1ZL_ Metz_ Contracting_VAR1607_082107.mxd) 8/22/2007 3:24:36 PM Variance VAR# 16 Application Z.L. Metz Contracting, LLC Parcel ID: 51 A 145 Zoning B1 (Business, Neighborhood District) ow 82 (Business, General Dialrist) 83 (Business, Industrial Transition District) EM (Extractive Manufacturing District) ene HE (Higher Education District) 40 Mt (Industrial, Light District) M2 (Industrial, General District) MH1 (Mobile Home Community District) MS (Medical Support District) ea R4 (Residential Planned Community District) R5 (Residential Recreational Community District O RA (Rural Area District) RP (Residential Performance District) SWSA Location in Surrounding Area Case Planner: Mark Frederick County, VA Location in the Gounty Map Features O Hamlets 'Ns Future R137 Bypass Application tS Lakes /Ponds Streams Streets Primary Secondary Terciary Winchester Rds tti Urban Development Area SWSA 0 25 F O F et Map Document: N:1Planning_And_Developmentl_1_ Locator_ Mps1ZL_Metz_Contracting_VAR1607 082107.mxd) 8/22/2007 3:24:36 PM Case Planner: Mark Variance VAR 16 07 Application Z.L. Metz Contracting, LLC Parcel ID: 51 A 145 Location in Surrounding Area 2. APPLICANT: APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA anace A`pphcationi na 3� ubmittal Dat& g MUST BE TYPED OR FILLED OUT IN INK PLEASE PRINT 1. The applicant is the owner X_ other (Check one) NAME: Z. L. Metz Contracting, L.L.C. NAME: ADDRESS: P.O. Box 2999 Winchester, Va 22604 TELEPHONE: 540- 678 -1667 OCCUPANT: Of different) ADDRESS: TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): 277 McDonald Rd. Winchester, Va From Winchester take Rt. 50W to a Left onto Rt. 608 (Wardenville Grade), Turn Right onto Rt. 616 (McDonald Road), Property is approximately 1750ft (0.33 mi) on the Left. 4. The property has a road frontage of 114 feet and a depth of 300 feet and consists of 0.767acres (please be exact). 5. The property is owned by Z. L. Metz Contracting L.L.C. as evidenced by deed from Madison Dean Mays recorded (previous owner) in instrument no. 070009256 of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: Back Creek 7. Property Identification No.: 51 -((A)) -145 8. The existing zoning of the property is: RA 9. The existing use of the property is: Residential 10. Adjoining Property: USE North Residential East Residential South Vacant West Residential ZONING 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. 15' Side yard Variance for both the Right and Left Side yards for _placement of a 22'x34' house with a 5'x22' Front Porch 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 Exceptional Narrowness based on current Zoning Standards 7 Jeffery L. and Jennifer Lynch Address 290 McDonald Rd. Winchester, Va 22602 Property ID 51- 18 -4 -21 Judy L. Whitlock Address 272 McDonald Rd. Winchester, Va 22602 Property ID 51- 18 -4 -22 Ernest L. Tharpe Address 291 McDonald Rd. Winchester, Va 22602 Property ID 51 -((A)) -146 Harold M. Crawford Address 265 McDonald Rd. Winchester, Va 22602 Property ID 51- ((A)) -144A Earl Armel Address2648 Martinsburg Pike Stephenson, Va 22656 Property ID 51- ((A)) -143A 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. 9 NOTES: 1. THIS PLAT WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT AND MAY NOT NECESSARILY INDICATE ALL ENCUMBRANCES ON THE PROPERTY, 2. THE PROPERTY SHOWN HEREON I5 LOCATED WITHIN ZONE "C, AN AREA OF MINIMAL FLOODING, AS SHOWN ON FLOOD INSURANCE RATE MAP OF FREDERICK COUNTY, VIRGINIA, COMMUNITY PANEL NUMBER 510063 0100 B, EFFECTIVE DATE: JULY 17, 1978. 3, ALL ELEVATIONS BASED ON ASSUMED LOCAL REFERENCE DATUM. ERNE:: L.. 08 R: :.:8.596 0' 40' 80' N aaz— digN waaaeu MAxMIVICI monan VARIANCE EXHIBIT SHOWING LAND OF Z. L. METZ CONTRACTING, L.L.C. LOT 145 TAX MAP #51 -((A)) -LOT 145 INSTRUMENT #070009256 BACK CREEK MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" 40' DATE: 08/01/07 DRAWN BY: TSF .-.ARPr j4. SCALE: 1" 40' POWER j 6 4 �t z p vi POLE II `Q TELEPHONE PEDESTAL EXISTING WELL 9 8 986 984 982 980 Zi CONTOUR INTERVAL 2' CURRENT ZONING: RA CHECKED BY: CJR TAX MAP #51 -A -145 INSTRUMENT #070009256 11 4 0 0 0 N 4 4444444444 44 120' 444 KLTH O 44 cDONALD A 50' LID D POW R „cYC POLE ?U Y 99 8 WIRE 9 96 99 4 o o iO Z• U C. RINKER JR 9 40. 110 No. 1058 a s 8/1/2009 0 C o 2 8.7 TO ADJ12OINERS 90 DWELLING X. SEPTIC TANK+ 0 Urban, Ltd. 210 Front Royal Ple 63 1 m zw.am Virginia com wz II 1, Ptzzz.z.zzzzuzzope maJzz. 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 infonnation contained herein are, to the best of my knowledge, true. L other than applican Z to SIGNATURE OF APPLICANT ja 7 DATE SIGNATURE OF OWNER BZA PUBLIC HEARING OF DENIAL AGREEMENT VARIANCE /G'O 7 (Number to be assigned by the Planning Dept.) OFFICE USE ONLY- q�g G 7 DA I L- APPROVAL SIGN DATE: 10 7 (TING u c DATE g /00.7 A LE ACTION: BZA CHAIRMA SCULLY a G ASS ATTORNEYS AT LAW 20 SOUTH KENT STREET WINCHESTER, VIRGINIA 22601 0 0 OC N M N 0' 0 N f4 X 0 o w PG m u o P. 3 g t/1 v H b 6 0 0 0 lri 0 WI u' CO -4 0 M N d q M H 0 o U 07000925E 0 0 N N THIS DEED, made and dated this 31' day of May, 2007, by and between MADISON DEAN MAYS party of the first part, hereinafter called the Grantor; and Z. METZ CONTRACTING, L.L.C. a Virginia Limited Liability Company, party of the second part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other good and valuable consideration, receipt whereof is hereby acknowledged, the Grantor does hereby grant and convey, with General Warranty and with English Covenants of Title, unto the Grantee, in fee simple, all of the following realty: All of that certain lot or parcel of land, together with all rights, rights of way, easements and appurtenances thereunto belonging, lying and being situate about 4 miles west of Winchester on the southeast side of Virginia Route #616 in Back Creek Magisterial District,.Frederick County, Virginia, more particularly described as containing 33,414 square feet, more or less, by metes and bounds description contained in the Deed recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 374, at Page 526, and by this reference made a part, hereof as if set out in full; AND BEING the same property conveyed to Madison Dean Mays by Deed of Gift from Lydia May Mays dated April 5, 1993, recorded in the aforesaid Clerk's Office in Deed Book 799, at Page 1028. Reference is here made to the aforesaid instruments, the attachments thereto and the references therein contained for a further and more particular description of the property hereby conveyed. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty. scuLLY Guns ATTORNEYS AT TAW 20 SOUTH KENT 511tEET WINCHESTER VIRGINIA 22601 WITNESSthe following signature and seal: •..J •o (SEAL) MADISON DEAN MAYS STATE OF VIRGINIA CITY OF WINCHESTER, to -wit: I, Sharon L. Hott, a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Madison Dean Mays, whose name is signed to the foregoing Deed, bearing date of the 31 day of May, 2007, has this day personally appeared before me and acknowledged the same in 'my State and jurisdiction aforesaid. 4 ,...::y t Given under my hand this 31 day of May, 2007. o co a My commission expires June 30, 2009. 0 0 CO VIRGINIA: FREDERICK COUNTY.SCT. This instrument of writing was produced to me on (0- -2-"v -I at I n s a Ant and with certificate acknowledgement thereto annexed was admitted to record. Fax imposed by Sec. 58.1 -802 of r. SD and 58.1 -801 have been paid, if assessable. 0762 7/7/70 DGS!clh tool 374 tra 526 THIS DEED, made and dated this qth day of July, 1970, by and between MARY L. BAYLISS and E. E. BAYLISS, JR., her husband, parties of the first part, hereinafter referred to as Grantors; and LYDIA. MAY MAYS, divorced, party of the second part, hereinafter referred to as Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, •receipt of which is hereby L L. acknowledged, the Grantors do hereby grant and convey, with general warranty of title, unto the Grantee, her heirs or assigns forever, in fee simple absolute, all that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, located about four miles West of Winchester on the Southeast side of Road No. 616, in Back Creek Magisterial District, Frederick County, Virginia, bounded as follows, according to plat and survey of Richard l7. Goode, C. L.S.. dated November .11, 1968; Beginning at(1) a point on the southeast side of Road No. 616, a corner to Earl Armel's Dove tract; thence with Road No. 616 N 59 deg. 00 min. E 114.0 feet to (3); thence with two new division lines through the land of M. L. Bayliss 5 43 deg. 17 min. 40 sec. E 300,0 feet to (3); thence S 59 deg. 00 min. W 114.0 feet to (4); thence N 43 deg. 17 min. 40 sec, W 300, feet to the point of beginning, containing 33,414 square feet, more or less. And being a portion of the same realty conveyed to Mary L. Bayliss by deed dated August 18, 1961, from Mamie O. Knight, widow,. of record in the Office of the Clerk of the Circuit Court of Frederick County; Virginia, in Deed Book 272, at Page 544, to which deed and the references therein contained reference is hero made for a more particular description sea., a sisr.as and further derivation of title. The Grantors covenant that they have a right to convey said realty; that the same is free from liens and encumbrances; and that they will forever warrant and defend the title thereto. WITNESS the following signatures and seals on the day and year first above written: STATE OF VIRGINIA COUNTY OF FREDERICK. To -wit: 1, Agnes F f BOOK 374 rat.[ 527 a Notary Public in and for the County and State aforesaid, do hereby certify that Mary L. Bayliss and E. E. Bayliss, Jr., whose names are signed to the foregoing deed,. bearing data the 7 day of July, 1970, have personally appeared before me in my County and State aforesaid and acknowledged the same. Given under my hand this 9th day of July, 1970. My Commission expires t ___Cla Lat. ti NOTARY PUBLIC VIRGINIA FREDERICK COUNTY, SCI. This instrument of writing was produced to me on tho '21e1 day ohjna.A.g U. 19 9) ,at /'50H-e and with certilicate of acknowledgment Merelo annexed was admitted to record. Tax tmp..Jed of z ieo. 5d -j4.1 of DO and 5d -54 have been paid, 11 arable. Clerk.