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HomeMy WebLinkAbout17-07 ApplicationVARIANCE APPLICATION #17 -07 THOMAS FORRESTER Staff Report for the Board of Zoning Appeals Prepared: September 25, 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 he useful to others interested in this zoning matter. BOARD OF ZONING APPEALS HEARING DATE: October 16, 2007 Action Pending LOCATION: Shawneeland Subdivision, Section 30, Lot 20 MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 69A- 1 -30 -20 PROPERTY ZONING USE: Zoned: RA (Rural Areas) Land Use: Vacant ADJOINING PROPERTY ZONING USE: North: RA (Rural Areas) Use: Vacant South: RA (Rural Areas) Use: Vacant East: RA (Rural Areas) Use: Vacant West: RA (Rural Areas) Use: Vacant VARIANCE REQUESTED: The applicant is requesting a 16 foot side yard variance, resulting in a side yard setback of 34 feet on both sides, for the construction of a 32'x 26' single family dwelling. REASON FOR VARIANCE: Current setbacks for the property result in a small buildable area on the property. Variance #17 -07, Thomas Forrester September 25, 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 small size of this property and the large setbacks associated with the RA zoning district, the applicant is requesting a 16 foot side yard variance on both sides. This variance, if granted, would result in a 34 foot side yard setback on both sides. The majority of the properties located in the Shawneeland Subdivision are zoned R5 (Residential Recreational Community) and would have a setback of 35 feet off Basil Trail, 25 feet in the rear and ten feet on the sides. This request from the current RA zoning district setbacks would result in setbacks similar to, but still larger than, the rest of the Shawneeland Subdivision. STAFF CONCLUSIONS FOR THE OCTOBER 16, 2007 MEETING: The Code of Virginia 15.2 -2309 (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 16 foot side yard variance on both sides in order to build a single family dwelling. Should this variance be granted, the building setbacks for this property would remain 60 feet to the front, change to 34 feet on both sides, 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. onus orres er Location in the County Map Features o Hamlets f!• Future Rt37 Bypass ID Application s5 Lakes /Ponds Streams Streets Primary Secondary Terciary Winchester Rds Uslaan Development Area SWSA Map Document: (N: \Planning_And_Development\ 1_Locator Mps \Thomas VAR1707_091707.mxd) 9/17/2007 4:40:09 PM Frederick County, VA Location in Surrounding Area 0 250 500 Case Planner: Lauren Variance VAR# 17 0' Application Thomas Forre Parcel ID: 69A 1 32 1'000e, AR #17 -07 Location Map Document: N:1Planning_And_Development\_1_ Locator _Mps \Thomas_VAR1707_091707.mxd) 9/17/2007 4:40:09 PM Frederick County, VA Location in the County Map Features o Hamlets +M+ Future Rt37 Bypass Application YS Lakes /Ponds Streams Streets Primary Secondary Tertiary Winchester Rds Urban Development Area Topography (5' interval) Variance VAR #17 -0' Application Thomas Forre Parcel ID: 69A 1 32 C Star Tanne Location in Surrounding Area 0 250 500 Case Planner: Lauren APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA MUST BE TYPED OR FILLED OUT IN INK PLEASE PRINT 1. The applicant is the owner other (Check one) 2. APPLICANT: PANT: (if different) 1r' NAME: r ai i l (`l e r S L LC NAME:1hh 11' its Imo s T,{� ADDRESS 5 Deer R L i n C‘ aC e ADDRESS: 2- S 1)e I etauka W.,CkL \I f\ 12103 y „Sprinr -F MO f) 580g TELEPHONE: Q (0 1 I 6 41 1 4. The property has a road frontage of /0 feet and a depth of 260 feet and consists of s y 5 `I acres (please be exact). 3. The property is located at (give exact directions and include State Route numbers): Page 5 of 9 TELEPHONE: 5. The property is owned by l homes Et hel by deed from I IUry kt1C book no. 4'40 on page r Court for Frederick County. Please attach act\ CvP-e-K 6. Magisterial District: 7. Property Identification No.: VI fl I ZU 8. The existing zoning of the property is: 9. The existing use of the property is: ((.J 10. Adjoining Property: North East South West by r -0S fe.r as evidenced recorded (previous owner) in deed of the deed books of the Clerk of the a copy of the recorded deed. ZONING RIN a RPc 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. VR L nn hd-h d� s Velviancf o v1 how 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 W vVo \iv r\\ 30 Si Le rpe r 3 v1)wo w ■0() \room 6:1I6 (Inrelli n Page 6 of 9 0 \6 \I A Loknci LL C.- Address 10\ I Pe \N YvCheS1t✓ ,1 p, 216oi Property ID C9C1 A 30 On J 0■m S c J �v cc 1\ I Address G I`6- C rthaw \)v Ror RcN �t Property ID Ct A 1 30 I 22cs WYYN1 5k I 1 1 2 Address I\1 LI lyles�ne Lh VN1 nchoSf f Property ID (0 q f\ 30 2 S 12 %1( 4- k o s 11\���hPNs I Address (4;32A Rah ()r V'V ;CI(y Md. Property ID# 6 6\ A I 30 IS Z Address Property ID Address Property ID Address Property ID Address Property ID NAME Page 7 of 9 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: 0 02 15 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. 08/18/2007 08:04 0172688122 08/19;2007 23:32 'A3 84063604 SIG "dA TURF OF OWNER A BZA. P JDLTC HEARING OF SIG: c AP ROYAL REHAECARE C -21 CAMPBELL REALTY I, AGREEMENT VARIANCE 7- 6 7 (Number w be assigned by the Planning Depr) I (we) ti e undersinned, do hereby respectfully make application, and petition the Frederick Coun y /card of Zoning Appeals (BZA) to grant a variance to the terms of the Frederick Cozen y Ordinance as described herein, I agree to comply with any conditions for the vi, Li: ace required by the BZA. t au2 Dr ze the members of the BZA and Frederick County officials to go upon the property for si e aspection purposes. i un d in and that the sign issued to me when this application is submitted must be placed at theft in property lineatic- tseves 7 days..nort. ish and maintained so as 'o be visible .from the road or right -of -way until the hearing. I here, b' certify that all of the statements and information contained herein are, to the best of In k iowledge, true. SIC' TA TURE OF APPLICANT VI S Is 130. 1jcuilde.(S -[-LC DA: E f 3 1 (if other than applicant) OFFICE USE ONLY- 41(2/07 DATE BZA CHAIRMAN DENLAL DATE: 10111-° 10 7 Page 9 of 9 ACTION: DATE PAGE 02 X002 08/20/2007 ,HON 01:39 IT.0 /R.1- NO 50341 Z002 ll _1306 c MARJEC, INCORPORATED TO: DEED THOMAS N. FORRESTER, ET UX 50c5 410 rug t$3- THIS DEED, made and dated this f' :x:; day of i 197`, by and between Marjec, Incorporated, a corporation organized and existing under the laws of the State of Maryland and licensed to do business in the State of Virginia, hereinafter called the Grantor, and Thomas N. Forrester and Ethel M. Forrester his wife, hereinafter called the Grantees. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations, receipt of all of which is hereby acknowledged, the Grantor hereby grants, sella and conveys, with general warranty of title, unto the Grantees in fee simple, jointly, as tenants by the entirety with.the common law right of survivorship, all of the following described property; All of that certain lot or parcel of land designated as Lot 20 Plat' 1 Section 30 described and set forth in that certaindeed of dedication of Marjec, Inc. dated the 13th day of July ,1970, and of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 367 Page 583 Reference is made to the aforesaid deed of dedication and the references therein contained for a more particular description of the land hereby conveyed. This lot or parcel of land is conveyed subject to all of the restrictions set forth in said deed of dedication which are covenants running with the land in accordance with the authority granted therein. It is further understood and agreed between the parties hereto that all of the conditions in that certain contract of sale and purchase entered into between the parties hereto for the hereinabove described lot prior to the date of this deed are not to be merged into this deed, but are to survive and to be in full force and effect hereafter. 153 154 s00K 440 ME 154 The Grantor covenants thartt has the right to convey the within described property; that the Granters shall have quiet possession of said land, free from all encumbrances except as hereinabove set forth; that the Grantor, to its knowledge, has done no act to encumber said land; and that it will execute such further assurances of title as may be requisite. IN WITNESS WHEREOF, the said Marjec, Incorporated, has caused this deed to be executed, acknowledged and delivered on its behalf by Donald R. Lamborn its President and duly authorized agent, and its corporate seal to be affixed and attested by Assistant Secretary its Ass the first date IVi hereinabove written. Attest By: 1I I It MARJZC. INCORPORATED By Donald R. Lamborne, President STATE OF MARYLAND COUNTY OF MONTGOMERY, To -wit: I, N„ t a Notary Public in and for the County and State aforesaid, do certify that Donald R. D �o M. Assistant Secretary Lamborn, and President and respectively of Marjec,. Incorporated, whose names are signed to the foregoing writing, bearing date the n L!• day of mot' 14'` have personally appeared before me in my County and State aag, acknowledged the same. a: 1 t Given under my hand this a''- day of L.1,1 4 1 0 5 w My commission expires I 4 I qt. 49 i'n e Cy( Notary Public VIRGINIA FREDEEIUCK COUNTY, ELI. Thi iuclnmrcru of wr ling wan :'tn1occd to me on lhoo �p.� _day al_ 199 _.al rte nnrl ad6 c orlilical•• o1 'ti tit ....lo anoo cei was and 5 :Sd-�-1.1 ul I r e mi Q to record. •l •a. w,p. ».:d 11 p, id, il a AO a,blu. G� 5.1 1 p j..00 C1 Ld. ;cliff— Clerk. 19)x"