HomeMy WebLinkAbout18-07 ApplicationVARIANCE APPLICATION #18 -07
JIMMIE CAMPBELL
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. It mayl also be useful to
others interested in this zoning matter.
BOARD OF ZONING APPEALS HEARING DATE:
October 16, 2007 Action Pending
LOCATION: Shawneeland Subdivision, Section 32, Lot 100
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 69A -1 -32 -100
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 right side yard variance and a 26
foot left yard variance resulting in a 34 foot setback 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 #18 -07, Jimmie Campbell
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 right side yard variance and a 26 foot left side variance. 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 left side yard variance and a 26 foot left side yard variance 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.
Frederick County, VA
Location in the County
Map Features
0 Hamlets
oK Future Rt37 Bypass
Q Application
Lakes /Ponds
Streams
Streets
Primary
Secondary
Terciary
t- Winchester Rds
`;II Urban Development Area
SWSA
LtLk
Map Document: (N:1Planning_And_Development1 1_ Locator _Mps\Jimmie_VAR1807_091707.mxd) 9/17/2007 4:32:48 PM
0 250 500
Case Planner: Lauren
Variance
VAR 18 -07
Application
Jimmie Campbell
Parcel ID:
69A -1 -32 -100
Location in Surrounding Area
1'1eet
Map Document: N:1Planning_And_Development1_1_ Locator _Mps\Jimmie_VAR1807_091707.mxd) 9/17/2007 4:32:48 PM
Frederick County, VA
Location in the County
Map Features
O Hamlets
Future Rt37 Bypass
Application
CS Lakes/Ponds
7- Streams
Streets
Primary
ti Secondary
Tertiary
Winchester Rds
:11 Urban Development Area
SWSA
Topography (5' interval)
Location in Surrounding Area
0 250 500
Case Planner: Lauren
Variance
VAR 18 07
Application
Jimmie Campbell
Parcel ID:
69A 1 32 100
Submittal ?Deadline:
pit
For the _meeting of:?
MUST BE TYPED OR FILLED OUT IN INK PLEASE PRINT
1. The applicant is the owner
2. APPLICANT:
NAME: I)plx(� B l l\Iders LLC
Jg5 -741
APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
other (Check one)
Page 5 of 9
aaif different)
NAME: 1 t u e lJV
pbel
ADDRESS 541 Oct( CItCIe ADDRESS: (490 1 Ie
MO RotAL \I R 22L30 LAS V P y S N v sq Ranch Rd
TELEPHONE: 1- ‘-0 (01I 6411 TELEPHONE:
3. The property is located at (give exact directions and include State Route numbers):
4. The property has a road frontage of IN feet and a depth of 2.0 0 feet
and consists of 9 acres (please be exact).
5. The property is owned by J lmmie 4- pre nn w. Cnmphel as evidenced
by deed from M Ur ec tnc. recorded (previous owner) in deed
book no. 571 11n page 2 43 of the deed books of the Clerk of the
Court for Frederick County. Please attach a copy of the recorded deed.
ack C.� eeK
6. Magisterial District:
7. Property Identification No.: Vi A C1)
n
QVr(QL r\
8. The existing zoning of the property is:
9. The existing use of the property is: Qeuri
10. Adjoining Property:
USE ZONING
North 9 QW cn d R. R.
East 90 1C1nd R. A.
South RAW Qnd A
West Ra∎ i I Und R. R
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.
5,5 lf-/ 34 B o PL 0
\>oth Si S
(llQ \lairisnu- on IRi3►Th, a19`
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
Wtt 1'1 CUVY net cks ∎17P
vD o ��om
6 0 4
Page 6 of 9
6u c ne il-t.nderspn
cl0 l% \Yll1 e Mc 1 Qv i 4
Address 500 Qu oc1 a A
I ne_
Dn IA
6.
Property ID 1pQI 11 132 q q
0/230-1
(n� nn
P1'1�Qrmun
G ?rOEOn
Address 'P.O. boo 1I1 Nlincheskr VA
Property ID V) A [52 141
n Ni
CaY�n
Address 3Lli] I Ci\ v esk vur p� Ke
1 Circe
I'ville
Property ID (tj �32 a013Z
Address
Property ID
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
Page 7 of 9
A
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. M- j6E FM"
Page 8 of 9
1. Easeme f any, not shown. No title report furnished.
2. This property does not lie within the 100 year Flood Zone as shown on the F.E.M.A. F.I.R.M. Community Panel.
3. Boundary derived from a field survey and from deeds of record as found among the Land Records of Frederick County,
Virginia, as shown hereon.
4. Iron Pins set at all drainfield corners.
A LEGEND
10- Iron Pin Found
AMINES
7
Lot
141
as
00.00
Prop.
wen
La 100
0.459 acres
70000.00 sq ft
122
Prop.!
Hse
61
•a
20
1181
116
114—
112
110
108
106
104
7A
100.00'
A
50' B.Rk,
0
Prop.
D/F
60' 9.61.1.
S 52 °50'56" W
PROPOSED DRAINFIELD, WELL,
HOUSE LOCATION SURVEY PLAT
Property of
"JIMMIE L. CAMPBELL
DRENA W. CAMPBELL"
Deed Book 522, Page 343
Tax Map #69A (1) (32) 100
"SHAWNEE- LAND" Subdivision, Section 32, Lot 100
Back Creek Magisterial District
Frederick County, Virginia
Scale: 1" 50' Date: April 2, 2007
0.459 Acres or 20,000 Sq. Ft. Revised May 15, 2007
Prepared by
Dodson Surveying, Inc.
P.O. Box 672
Luray, Virginia 22835
(5401 843 -0608
N v
SO
8 0
p
m
Lot 1
142
Note: Cannot show
50' B.R.L. from
Nis line, as B.R.I.
lines would ovedap
Lot \I
99
BELLWORT TRAIL (60' R//W)
08/22/2007 04:33 FAX 54083880 C -21 CAMPBELL REALTY INC
SIGNATURE OF OWNER
`5? u 0 7
SIGNATURE OF APPLICANT
(I
M CA ISO S C
n l J
DATE 1 .)0 O 1
AGREEMENT
VARIANCE
(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 tetms 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 a ea -eves 7 s 'or s he A .u..' earin 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.
(if other than applicant)
OFFICE USE ONLY
BZA PUBLIC HEARING OF La /6 �o 7 ACTION:
-DA
AP'ROVAL
SIGNE 4
BZA CHAIRMAN
DENIAL
i
DATE: l O I l ie 0 7
Page 9 of 9
Obce JikdfrS L C
DATE
ra 003
MARJ EC, INC. A 343;
r1 lb, if t
1 /t1:7 \l 11 /.11
,(11, s: 2t:a, fir
�1
11I1; UF371, mode and dater: th1 d of:/2/67, 0,
`i w 19u0, by
mid between )V9.7EC. INC.', a corporation orgentaed tad existing under the
laws of the Beate of Maryland and a.ithorlted to do :+.:sinew in the Etats
Of Virgloie, hereinafter referred to rn tie Orentor, and Jimmie L. Campbell
sod Orton V, Campbell, herelnnfter referred to as irant
V I TA E. 8E ETH r
That for and In cor.alderetlon of the sum of Ten Dollvs (1;10.00).
cash In band pall and other valuable consideration, receipt of which 1s
hereby acL ^owledged, the Grantor does i:ereb; GRAM, BARGAIN, EI7.L and
CORVLI, with GIMBAL WAAItAA17 and with IT.GLIAR COVICIARTG of TITLE, unto
the Cranteen In tee simple; Jointly es tenants by the entirety with foil
right) Of eurvtrorship es at common law end not ea tenants in ccemm the
following described property:
All that certain lot or parcel of lend lying and
being situate in the Sack Cr,.ek Magisterial District
of Frederick County, Virginia. designated as lot 100, Plat 5
in Section 32 Shawnee -Land Gubileinlon, described and
set forth ie that certain deed c: dedication of Merjee.
Inc., dated July 28, 1971, and recorded In the Ortice
of the Clerk of the Circuit Court of Frederick County,
Virginia, in Deed Beak 3e0, pa 269, to which deed
further reference ghoul: be cede for a core particular
lased ption of the laud hereby conveyed.
This lot or parcel of real property 1s conveyed subject to a
certain Judgment lien of Richola. C. )Eller, which Judppant ell obtained
In the Circuit Court or Fairfax County in August of 1977. and recorded
in the Office of the Clerk of the Circuit Court of Frederick County on
June 15, 1978, In Judgment Book 15, at page 12).; the lnde "tednees witch
tLis Judgment secures is not assumed or intended to be paid by the
Crests., end the Grantor covenants and agrees to hold the Or..a.ees
harmless with respect thereto.
This lot or panel of real property fs also conveyed subject
to all of the reetrlctlena met forth in the said Deed of Dedicattot
which are covenants running with the land to aceordenee with the autLOrlty
granted therein. It 1s further understood and agreed between Urea parties
hereto that all of the conditions In that certain contract of sale and
purcnase entered into between the parties he -eta for the bsrsinibovs
described lot prior to the date cf thin deed are nut to be ringed into
r.
PHONE 540. 636-8385
FAX 5406368865
VESTED IN :71. ;Arnie L e C1rnpatJ
D art" 4 W. p Mtn J4 reutteripc
ACQUIRED FROM:Mo+riec =JC•
DB /PAGE: 522 3`13 DATE-S-30-.110 RECORDED.6 1-
LEGAL- Lot- Icy PL4-S, sec-kb." 32 Sbwvwnee tcty
Mar1tk
TAXES. r+ Zeog a
TAXINFORMATI NPROY@FI1 AS A CO 111'1 Ill :1 11 1 1 I I .1 I. Y 1' 11 I II 1 ■6 C II Y Y 6
DEEDS OF TRUST
2.
3
4
FROM
RECEIIIII 05/03/2007 09:56 15406359747 HUBERT MARLOW JR
(THU)MAY 3 2007 8. /ST. 8: 56/No.7500000506 P 3
REPORT OF TITLE
j1 PP/\[ I .nFT TA N
PTLE
JUDGMENTS, MECHANICS LIENS, ASSESSMENT LIENS ETC.
1 AWL_
2
3
4
EASEMENTS, AGREEMENTS, ETC.
1./Uo r: X6- 36.206 -4 7 SOX 35Z
2. 2oC- 012- '-113 310 8
3.CtP:2% 'J ;S °I- 2.1R' 9
4 Ik°.,; 33.5 1'18797$ lot 1
5 VEo -`W3 1
6, V# v �F M 12
RESTRICTIONS --2
PLAT: Se r ef)
EXAMINERS NOTES: hai4n
EFFECTIVE DATE: -07 8:OOam BY APPALACHIAN TITLE R1j�
APPALACHIAN TITLE ASSUMES NO LIABILITY FOR THE INFORMATION CONTAINED IN TNL5 REPORT USED 13Y ANYONE OTHER THAN THE RECIPIENT 10
WHOM Tm85 REPORT WAS ORIGINALLY ISSUED.
FROM
RECEP' 05/03/2007 09:56 15406359747 a HUBERT MARLOW JR
(THU)MAY 3 2007 8. /ST. 8: 56/Ho.7500000508 P 4
rir
COUNTY er'c jr
C
ASSESSED OWNERS NAME: c I I J. •,+r,ir
CURRRENT OWNERS NAME:
ADDRESS:
LEGAL: k Cc'e 32,
-Sh atneeir-
a nt.,.
TAX MAP a A -1 -3z- 100
ASSESSMENTS: LAND:
IMPROVEMENTS: C D
3
i
TOTAL:
LAND USE!TAXRELUEF:
TAXES FOR THE YEAR •''a-�EOUNTY :Z; 7
TOWN
SANITARY DIST:
NOTES: S27- 313
FROM
RECEP' 05/03/2007 09:56 15406359747 a HUBERT MARLOW JR
(THU)MAY 3 2007 8. /ST. 8: 56/Ho.7500000508 P 4
rir
FROM
'W.27.
.e,wr .me.n,..e
RECEIO 05/03/2007 09:56 15406359747 HUSERT h1ARLOW JR
(THU)MAY 3 2007 8 /ST. 9:58/No.7500000508 P 5
11315
MARJEC, INC.'
Ttl.
.2 DEP2
JIMMIE L. CAMPBELL, ET U%
343
Lit pz( fi
522 343 ff.
T1I8 DEED, Bede and dated .thi I .i i J
�'D set er 1980, h7
and betvads MAA SC, IBC., veneration organised dad testing seder the
lave of the State of Penland and sutherited to do business la the State
of Virginia, hereinafter referred to es the treater, mad Jimmie 1. Cedptall
end Orono V. Csphell, bnrelusnnr referred to es Oreat!es.
p ITBg888TEr
That for and in e.seidsnties of the sue of Tea Dollar. (110.00),
nib It heed paid sad other 'steal, e0oalderatioa, receipt Of .Etch la
hereby satnovlsdoe, the Oanttr does herald' WAIT, 8A80AI8, BILL mad
=OTT, with amazed& MOM= end with MIME C vwrx8 of TITLE, note
tbt OBOat .0 is re. oUOS,, Jointly se tenants br the entirety with teal
right. Of ourrivorsblp as et score lay and ant as tenants la MSS, the
fo110vlhg deeeribed flower,
All that certain lot or parcel et lead lying and
being situate is the seek Creek Iregleterlal Diotrlet
Of Frederick Oaset7. Virilalas d.eignatte ar Lot 100, plot 5
in Section !do 8hawns°-Led Subdivision, described as
set forth la that aortal. deed of dediestiOn of Marla,
Ins., dated ivy 10. 1971, and recorded it the Office
of the Clark of the Circuit Court of Frederick County,
Virgule, is Deed *rah 380, page 269, to width deed
further reference shoalt be anda ter s bore particular
dneeriptiea of the lead sereby conveyed.
Sbb led ar panel et real propssq is ceanf.d **Sect to
aortae Jndgtr.at Ilan of Dieboles I. ICller, thigh Judgment vet obtained 1
in the Clrmdt Coot of !sterna; Canty in dugout of 1977, and recorded
la the Wilco et the Clark of the arena Cent Of yndsrict County an
Jew 13, 1978, it avant DWI 15, et Delta ldli tbs lade,teduess abteb
thin Juddreut sneered le an a*Vxad or intended to be paid by the
Oranteeo. and Us Creator corsets and agrees to bolt the armrest
baste.. with respect thereto.
Tats lot ar parcel of reel property it also eepvay6 stblect
to all of the n.tflptlaas .N forth in the said Dad of helicatr%
'blob are covenants rennin{ vltb the lend la accordance with the sutler/to
Srentsd tbereln. It le farther m4rstood and agreed beh.en l!e pestles
hereto that All at the saditlonn is that certain *retract of gels sod
Purchase attend into batmen the Patties hereto Oar the Mreln bore
dodaribed lot prier to the Into at this deed are not t0 be enrgat Pete
FROM
3 44
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...rnt..w r
RECEP. 05/03/2007 09:56 15406359747 HUBERT MARLOW JR
(THU) MAY 3 2007 9. IST. 9: 56/No.7500000508 P 6
A', rats 344
this diod Out an to earrin sad to a la full force cad effect hereafter.
IN =A1718 VMR[Or. Wain, Tae. h• OaWed this deed to be
ca.nuted, eeAa✓tedde4 arid delivered oa Its behalf by Donald R. Unhorse,
Its rre.LMgt sad duly authorised spat, tad its corporate pal to be
attired trent. the tint date benlnabor. vritta.
WNW, 111C.
/!11>a Of
?a.
O f e C_Lf.tt of GR 40.ant,
s- n.ncaic 9Y.1 a iotary iablio is lad
for the Skate cad rz/l /t l aser. nt4, to hefabr certify that
am= A. L*IOldtml, Pradddst rod duly mtb:0414d Meat for MOM,
rte.. toile was la flamed to the lot aoSM bearing Deed, b.eri dot. tho
day of in a $SO. b.. this da Parposlly appeased
erron m at tc ledPd th..ne.
aivc valor .i Load thl4176 titay or Way y .1 PR
W C4a1.4tea.sPdreor fh; AW
S./J �?1", I y W :J::.,1 pu$ cO. to aas 0.. t
Y d. y c 1I ...ui t': 3 19 ,,tp?:i4 P0)
sod ws ;t ceelhica:u. l0: de4:t rrl_d9nU t diettb aaa.:34 44
stiriao1 to rvcJrd 1'4+; ...;.tail '.g .S.c.:ir.;.l 3t
i "ago
'�,s .1 Si-54 here been void, ii 4.44.4.44.44.64. a.o.r. i,j Jt4 7 I f Cloth