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Home My WebLink About19-07 ApplicationVARIANCE APPLICATION 1119 -07 CLARENCE PARADIS 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 may 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 84 MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 69A- 1 -32 -84 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 #19 -07. Clarence Paradis 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. 1 Map Features d Hamlets Future Rt37 Bypass CI Application Co Lakes /Ponds Streams Streets 's. Primary Secondary Tertiary Winchester Rds S Urban DevelopmentArea SWSA Map Document: (N:1Planning_And_Development\ 1_Locator_Mps \Clarence VAR1907_091707.mxd) 9/17/2007 3:55:57 PM Frederick County, VA Location in the County Stac Tanne Location in Surrounding Area 0 250 500 Case Planner: Lauren Variance VAR# 19 -07 Application Clarence Paradi: Parcel ID: 69A 1 32 84 1.ORe t (.007- •:�am�L•ai Location in the County Map Features 0 Hamlets 4 Future Rt37 Bypass Application $S Lakes /Ponds Streams Streets Primary +s. Secondary ti Tertiary Winchester Rds Z Urban Development Area SWSA Topography (5' interval) Map Document: N:1Planning_And_Development1_1_ Locator_ Mps \Clarence_VAR1907_091707.mxd) 9/17/2007 3:55:57 PM Frederick County, VA 0 250 500 Case Planner: Lauren Variance VAR# 19 -07 Application Clarence Paradi Parcel ID: 69A -1 -32 -84 Location in Surrounding Area "get cf 7 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: an(if different) NAME: 01 1u\ S NAME:C Gh ant e Poor ad S ADDRESS L "\Z 7 qt2■( UYI c) YOP (one NgL 13-V50 TELEPHONE:5*O tD1 1p 111 ADDRESS: Pug n St Page 5 of 9 TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): )Q1 way* V Ckt L- 4. The property has a road frontage of 00 feet and a depth of 2-0 0 feet and consists of y 59 acres (please be exact). 5. The property is owned by l,1Alt en Ce Q Y CIra. dl S as evidenced by deed from tAOEr i eC h(. recorded (previous owner) in deed book no. (91 on page 21 5 of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: 7. Property Identification No.: (aq (t 1-52 8. The existing zoning of the property is: R i 9. The existing use of the property is: y 0,v an (1 10. Adjoining Property: USE North y �W East Y UW South Ya%1 West Q,vJ Page 6 of 9 ZONING RN Q(} 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. 60 h.Y L o hOfh Sits C I (P V *Y I an CL o vk lo6-+ SI d XAl 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 \M h v ..Unini SP AQLl S 4- S: 1R,TP, nfi room l bid(/' CA CUM' l ling �l 1 11 L Address O �o- .i nrh -C+Cy t r ii Pc 22( tCJti Property ID um A 1 32 I J 7 1 V ��YIl�J.11 Address P O i? X 1 '12'5- W intIn eS Cr NH R 2-2-604 Property ID L A 2 3 1YU Dray 1 d y� 1 t Address UI1(e �.,(,),9 i 5tuN Ui 1�riUVi1 F V�f� L(71.�t Property ID (DC1 A- t- "31 2 5 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 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. Page 8 of 9 100.00 bt 50'B.R_L, 1 52.00' .re N 0 o Lot84 o 0.459 acres 20000.00 sq 617 1 1 _60'E.R.L X1 0 8 31043060. 1 32 PNp. F l a its p II 6 a 100.00' 200.00' •1 1. Easements, if 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.MA. 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 by all drainfield comers. Lot 85� 600' to CAT BRIER TRAI Z V 0 A PROPOSED HOUSE, DRAINFIELD, WELL LOCATION SURVEY PLAT Property of "CLARENCE R. PARADIS" "SHAWNEE- LAND" Subdivision, Section 32, Lot 84 Deed Book 670, Page 215 Tax Map#69A (1) (32) 84 Back Creek Magisterial District Frederick County, Virginia Scale 1 =50' Date: July 26, 2007 0.459 Acres or 20,000 Sq. Ft. Prepared By: Dodson Surveying, Inc. P.O. Box 672 Luray, VA. 22835 Phone:(540)843 -0608 Fax:(540)843-4828 Email:dodsonsurvey@yahoo.com Lot \,157 I S 52 °50'56 "W rn GI -4 Lot l m 83 A RI BELLWORT TRAIL(60' R/W) Lot l 158 LEGEND Iron Pin Found 08/22 t15: }AX F,406368084 C-21 64EiELL, REALTY INC 41 AGREEMENT VARIANCE gjei -0 1 7 fs:ined the ti:aryth•g De pr.) ±e. Ur_ d ers ILL 1.;.d..„ do hereby rspec.tfully make application, iiuid petition the Frederick Zoning /speak iT3ZA) to grant a varianc.:, to the tetras of the Frederick jou- x Zouin OrdinancL a desoHbed herein. T asec t CiriiIHN with conditions for 1. the 13Z.A. Alitherize sie7lberS Of the P.ZA and Frederick Count offlei2ls to go upon the property purposes. th _le sin issued Tr; mc wiwn this application is submitted must be placed at the fro-.t 1ine at least seven d'4■•S r_ In the BZ2.‘. public hearin2 and inaintained so as :o bt vi11 :Mtn the road or ri Orlin the bearhu.. horebv 1111 ,:11.1 of the statemcits and infbritation contained herein arc, to ihic best c imowlect:.rt..2. Si NA ;s': A P P CANI CVA- 30Na S bob t v as r D AT it CIGNAT:IIRTLI OE OWNER. •P7'lZOV.A.1, SIGN (if othc.; han cant) EFICE LSE ONLY- BLA PUBLIC 1-1:EAR_INCi OF _Jo. A, 9 Ac_711 ON 3Z-A C.1-6.A IRMAN DATE.: /0 laglo 7 cf tj 064 DATE ep,/y W A.ICSII WOO*. AACteow. aaaves me fAUroa awe•er w MN ,.-a #419 JOHN G. LEAKE, TR. TO: DEED CLARENCE R. PARADIS, Tw PC215 WHEREAS, Retied, Inc. (a corporation organised and existing under the laws of the Couaonvealth of Virginia) was conveyed a tract of real estate situate in Frederick County, dad doted June 19, 1956, and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, to Deed Book 242, at page 261 and, WHEREAS, on September 14. 1978, Hardee, Inc., filed a Volun— tary Petition tor Relief under the proelsfona of Chapter gI of the Sankruptcy Act of 1898 in the Hutted K etea Baekruptcy Court for the Western District of Virginia (Harrisonburg Division) (hereinafter referred to es 'the Caere?), and designated ms Casa Mo. 78- 00245; and, WHEREAS, subsequent to the filing of meld petition for relief, the Court, by Order dated March 18, 1983, converted the proceedings to a came under the p ions of Chapter IV of the Bankruptcy Act of 1898; and, WHEREAS, by Order dated July 31, 1984 the Court appointed John C. Wake as Trusses of the Debtor'. estate, (Watch order is recorded In the Mies of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 597, st page 415), and B ald John C. Leaks has duly qualified as Trustee( and WHEREAS, after notice and hearted, the Court, by order doted June 12, 1985, authorised John C. Leaks, Trustee, to execute sad deliver his deed With Special Warranty of Title, and free and clear of all liens (except any Ilan attributable to reel estate totes owed to Frederick County, Virginia), to those parson• vbo e xecuted a gales Coatraet for the perch**. of a lot free Karjsc, s ,ee cone is r RALSTON w,..wrw a ISM i MN NO I CI .I 1 Inc., prior to its filing of its Petition for Relief, and who had paid all ant of annoy doe and owing on account of said Sales Contrast, (which order to recordad in the Clark's Office afore- said, in Dead gook 591, at page 412)1 and WHEREAS, it sneering to John 0. Leeks, Trustee, that with raspeet to the Sales Contract executed by the parties of the second part herein, all suns of money due and owing thereunder have been paid, and said parties ars entitled to deed. NOV, THEREPORR, THIS DEED, d into this 4th day of rsbrrary, 1986, by and betwepn JOHN 0 LUKE, TRUSTEE of the Estate of Mar5ac, Inc., trading as Shawnee -Land, Debtor, party of 1 the first pact, and CLARENCE R. PARADIS and MEGA PARADIS, hnsband and rile, parties of the second part, THAT let and in consideration of the premises and the sun of TIM DOLLARS ($10.00), cosh in hand paid by the parties of the second part to the party of the first part, and of other good and valuable consideration pasatne from the parties of the second part to the party of the first part, prior to the execution and delivery of this deed, the receipt of ell of which is hereby 1 acknowledged by the party of the first part, said party et the first part has bargained aad sold, and does hereby grant and convey with Special Warranty of Title, and free and clear of all liana (except any lion attributable to real estate taxes owed to Pradefick County, Virginia) in accordance with the aforesaid Order of the United States Sankruptty Court for the Western District of Virginia (Harrisonburg Division) dated June 12, 198S, unto CLARENCE R. PARADIS and DAROA PARADIS, husband and rife, se tenants by the entirety with the right of survivorship as at 2 mama MOM JKtee1L 01M r MOWN' +ter r..,n m w Bil PG 217 common law, the following tract of real estate, to -vita All that certain lot of parcel of land, lying and being situate In Sack Creek Magisterial District, Frederick County, Virginia, deaienated es Lot 8e, Plat 7. Section 32, Shawnee -Land Subdivleiod described and ■et forth In that certain Deed of Dedication of Marjec, Inc., dated July 28, 1971, and recorded in �I the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Doad Book 380, page 268. This lot or parcel of real property le conveyed subject to all the lotions set forth in the of Id Dead of Medina- i i tion which are covenants running with the land. It is further understood and agreed between the p hereto that all of the conditions in that certain Sales Contract I entered into between Narjec, Inc. aed the parties of the second part prior to the date of this deed for the above described lot are NOT to be 4 into this deed, but are to survive, dad to II�� be and remain in full force and effect hereafter, Including but not limited to those provisions for the p Lies, Including Dues and Maintenance fees. WITNESS the felloviag signature and seals II STATE OF VIRGINIA AT LARGE CITY OF NARRISONRORC, to -rite (SEAL)ii Jahn G. Leaks, Trustee of the Estate of Marjec, Inc., The fo eagofeg instrument wee acknowledged before ms by John i G. Leak., Trustee of the Estate of Narlec, Inc., this .27/4 day of February, 1986. My cwmisoioa empires �J'�J s 1 i I t 9 K$7OPG213 min: FF:FA.7i'<+K cowry, rcr• Tip nu/rumen( of %1 Wog Ya3 rnduacd to me on the r:Ir• l v_i a7Bdn. and vs... cJt3 .'nlMiYkak',, lit I't ^'a0finl:4VI vat ndi•ntu. to rt: 1d. lax bnpartq 1 n'1 and ta5V Intabc;n I '�:it a3.5n uf CLER1