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HomeMy WebLinkAbout20-07 ApplicationVARIANCE APPLICATION #20 -07 JEROME SCRAMS Staff Report for the Board of Zoning Appeals Prepared: September 27, 2007 Staff Contact: Lauren E. Krempa, Planner I This report is prepared by the Frederick County Planning *If 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: Lot 28, Plat I, of Section 32 in the Shawneeland Subdivision off of Arbutis Trail MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 69A- 1 -32 -28 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: The current setbacks for the RA zoning district eliminate a buildable area on this property. Variance #20 -07, Jerome Schams September 27, 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 Arbutis 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 to the left side, change to 34 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. Location in the Gounty Map Features 0 Hamlets el+ Future Rt37 Bypass VAR2007_JeromeSchams €°s Lakes /Ponds Streams Streets Primary 4%. Secondary Tertiary Winchester Rds Urban Development Area SWSA Topography (5' interval) 1 IL Map Document: N:1Planning_And_Development1 _1_ Locator _Mps\Jerome_VAR2007_091707.mxd) 9/17/2007 3:37:34 PM Frederick County, VA Case Planner: Lauren Variance VAR #20 -07 Application Jerome Schams Parcel ID: 69A- 1 -32 -28 Location in Surrounding Area 1000 eat Map Document: (N:1Planning_And_Development1 1_ Locator _MpsWerome_VAR2007_091707.mxd) 9/17/2007 3:37:34 PM Frederick County, VA Location in the County Map Features O Hamlets •!Y Future Rt37 Bypass O Application CP Lakes/Ponds Streams Streets Primary ti Secondary Terciary Winchester Rds Urban Development Area SWSA Variance VAR 20 07 Application Jerome Schams Parcel ID: 69A 1 32 28 Location in Surrounding Area 0 250 500 Case Planner: Lauren 1 Ane& TELEPHONE: 5q0 H 1 4 LI 1 1 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 )4 (Check one) 2. APPLICANT: D (if different) NAME: 9)0hCaA 1)1,1AdPYcL_ NAME: [Q�OIYIP SCI'1 n/S ADDRESS 6 eex �Un ei (Cie ADDRESS: 53a 711r f- Sr ■ron\ oyaL_ k 22. (030 ndPfscoy) N\,/ S4dsa TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): 4. The property has a road frontage of feet and a depth of 20 b feet and consists of L{59 acres (please be exact). Page 5 of 9 6. Magisterial District: 5. The property is owned by;; iii A AA as evidenced by deed from Mtkr;et Inc recorded (previous owner) in deed book no. 0 01 on page 3(p ,3 of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 7. Property Identification No.: 8. The existing zoning of the property is: 9. The existing use of the property is: 10. Adjoining Property: USE North y t4 East Y GV� South Y UW West Y a'M J' o01 fj (Q' vavianu, 10 32 2.8 x r av4 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. Page 6 of 9 ZONING R R R R RA of be h s des 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 WI} C,l1.Y (0 52 \haf KS A Site U-- rye.rky A IS 'corn 1 \;,y16l, \\A3 \)(k 1C1 NA(Cfthev\1S Address io4 (3,,, -I- (ojo 1y W I Incf1E'S Property ID 6q A 3 2 q David MGffhevv/S Address /04 Bo Tra; L, Viinchps- r 7 Property ID (p q A- 1- 32 2 e 5 A \-1\C O k\L) Address Property ID (A 1- 32 1 2 Sc �C P Address Property ID l 0 I A 32 7 3 S\ Ac �p3� vc, Address Property ID l0 G� I A 1 32 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 1. Easem '[s, if any, not shown. No title report fumished. 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 at all drainfield corners. 1 1-Lot 29 +1 -200' to CHICORY TRAIL PROPOSED HOUSE, DRAINFIELD, WELL LOCATION SURVEY PLAT Property of "JEROME B. SCHAMS GERTRUDE A. SCHAMS" "SHAWNEE- LAND" Subdivision, Section 32, Lot 28 Deed Book 601, Page 363 Tax Map#69A (1) (32) 28 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 EmaiLdodsonsurvey@yahoo.com Lot I 73 0'56" a 100.00' 5p B.R.L 3400 32. H y IS w N o -J 4oJ' A 0. 0 0 10 ©I Q m Plop. DIP Area 100.00' S 52 °50'56" W Lot 28 0.459 acres 20000.00 sq M1 Prop. Well flP ARBUTIS TRAIL(60' R/W) Lot 74 Lot 27 LEGEND Q- Iron Pin Found 08/05/2007 23:14 FAX 5406368084 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 th 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 ]east seven (7) da ys prior to the BZA p ublic bearing 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. SI NATURE OF APPLI ANT S DATE I 30 01 SIGNATURE OF OWNER Q ma( 43 O'�lo r/ OFFICE USE ONLY BZA PUBLIC HEARING OF 0/ /64 7 ACTION: DATE- APPROVAL SIGNE DENIAL C -21 CAMPBELL REALTY INC AGREEMENT VARIANCE -2 b o (Number to be assigned by the Planning Dept.) (if other than applicant) BZA CHAIRMAN DATE: I b /l to'7 7 Page 9 of 9 bca i 'BI CAvs DATE Z002 ammo MOOR& JACALOT. saw ma *ALMON ON OMIT FINNS #4222 MARJEC, INC. TO: DEED JEROME B. SCHAMS, ET UX BK60IPG363 WHEREAS, Hulse, Inc. (a corporation organized and existing under the laws of the Commonvealth of Virginia) vas conveyed a tract of reel estate situate in Frederick County, Virginia by deed dated June 19, 1956, and recorded in the Office of the Clark of the Circuit Court of Frederick County, Virginia, in Dead look 242, at page 26; end, WREREAS, on September 14, 1978, Marjec, Inc., filed a Volun- tary Petition for Relict under the provisions of Chapter 1I of the Bankruptcy Act of 1898 in the United States Bankruptcy Court for the Western District of Virginia (Harrisonburg Division) (hereinafter referred to a "the Court and designated as Caoe 0. 78- 00245 and, WHEREAS, subsequent to the filing of said petition for relief, the Court, by Order dated March 18, 1983, converted the proceedings to a case coder the provisions of Chapter 1V of the Bankruptcy Act of 18981 and, WHEREAS, by Order dated July 31, 1984 the Court appointed John C. Leaks as Trustee of the Debtor's estate, (which order is recorded in the Office of the Clark of the Circuit Court of Frederick County, Virginia, in Deed Book 597, at page 415, and said John C. Luke has duly qualified as Trustee; and WHEREAS, attar notice and hearing, the Court, by order dated June 12, 1985, authorised John 0. Leaks, Truitao, to execute and deliver his deed with Special Warranty of Title, and fres and clear of all liens (except any lien attributable to real estate 'taxes owed to Frederick County, Virginia), to those persons who executed a Sales Contract for the purchase of a lot from Marisa, 364 LAW onn• MOONS. JACea0N. YNAVfa u4 SAS*TON IMIMWW1MI. Y. min INC M Inc., prior to its filing of its Petition for Relief, and who bad paid all suns of money due and owing on account of said Baloe Contract, (which order is recorded in the Clark's Office •foro- said, in Deed Book 597, at page 412; and WHEREAS, it appearing to John O. Leak*, Trustee, that with respect td the Sales Contract executed by the parties of the socoa pert herein, all suns of nosey due and owing thereunder have boom paid, and said parties are entitled to a deed. NOV, THEREFORE, THI8 DEED, entered into this 27th day of August, 1985, by and between JOHN G. LEAKS, TRUSTEE of the Estate of Eerier, Inc., tr4diag as Shawnee -Land, Debtor, party of the first part, and JERONE B. SCNANS and GERTRUDE A. MANS, husband and wife, parties of the second peril THAT FOR and in consideration of the prenises and the Nun of TEN DOLLARS ($10.00), task in hand paid by the parties of the second part to the party of the first part, and of other good and valuably consideration passing from the parties of thesecond part to the party of the first pact, prior to the execution and delivery of this dead, the receipt of all of which 1s hereby acknowledged by the party of the first part, said party of the BK601PG3 first part has bargained and geld, and convey with Special Warranty of Title, lieu• (except any lien attributable to dose hereby grant and and free sad clear of 011 real estate texas owed to Frederick County, Virginia)in accordance with the aforesaid Order of the United States Bankruptcy Court for the Western District of Virginia (Harrisonburg Division) dated June 12, 19E5, unto JEROHS e. SCRAMS and GERTRUDE B. SCRAMS, husband and vita, as tenants by the entirety with the right of survivorship as at r 11 tae .nm, MOM1i acxsON. a,u \f0 Mi RWPON N Noel MMrn.r. Mint* common law, the following tract of reel estate, to -wit; All that certain lot or parcel of land, lying and being situate in Back Creek Magisterial District, Frederick County, Virginia, designated as Lot 28, Plat 4, Section 32, Shawnee -Land SebdivisioD as described and set forth in that certain Deed of Dedication of Midst, Inc., dated July 28, 1971, and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 380, page 269. Shia lot or parcel of real property is conveyed subject to SK S 0 ri G 3 5 all the restrictions set forth In the aforesaid Dead of Dedica- tion which are covenants running with the lend. It is further understood and agreed between the patties I II pp II I entered loto between Marjec, Inc. and the parties of the second I I part prior to the date of this deed for the above described lot 1 are NOT to be merged tato this dud, but are to survive, and to hereto that all of the conditions in that certain Sales Contract be and rotate in full force end affect hereafter, including but not limited to those provisions for the payment of membership fees, including Dues and Maintenance Fees. WITNESS the following signature and *salt STATE OF VIRGINIA AT LARGE CITT OF RARRISONRORG, to -wits of .11r`it 1985. My coaaiasioe expired Afx 365 The foregoing instrument vas acknowledged before as by John G. Leaks, Trustee of the Estate of Marjsc, Inc., this LL day Ili 1 7 (slew Johd/ Ceskee,3rustee II of the Estate of Marjsc, Inc., Debtor I a I I E p LAW .,.m MOOIL aa*OM. awrn m ANSTGM WlMUmVY. .M1 OM, r.... am MIT le 8K60IPG366 ..4Gt1JtA FREMICK COU4TY, 5(T. This in J strunwnt of vat _tjn w pa produced to ma on the /44t 1day oP l^lIAJ 19 ,Ps' at.t s Y4/), And wish cedifica a acknowledgment thereto annrad .vaa Admitted to record. Tax imposed by Sac Sd -a4.1 of 5 1,Z,171 and 58-54 have berm Paid, 11 asaea&bs.