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HomeMy WebLinkAbout21-07 ApplicationVARIANCE APPLICATION 1121 -07 HELENA WEAVER Staff Report for the Board of Zoning Appeals Prepared: September 25, 2007 Staff Contact: Lauren E. Krempa, Planner I 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 61 at the intersection of Bellwort and Cat Brier Trails. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 69A- 1 -32 -61 PROPERTY ZONING USE: Zoned: RA (Rural Areas) Land Use: Vacant ADJOINING PROPERTY ZONING USE: North: RA (Rural Areas) South: RA (Rural Areas) East: RA (Rural Areas) West: RA (Rural Areas) Use: Vacant Use: Vacant Use: Vacant Use: Vacant VARIANCE REQUESTED: The applicant is requesting a left side yard variance of 16 feet and a right side yard variance of 26 feet, which will result in a 34 foot side yard setback on both sides for the construction of a single family dwelling. REASON FOR VARIANCE: The current setbacks for the RA zoning district eliminate a buildable area on this property. Variance #21 -07, Helena Weaver 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 the left side, and a 26 foot side yard variance on the right side (because this is a corner lot). 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 Bellwort Trail, 35 feet off Cat Brier Trail, 25 feet in the rear and ten feet on the left side. 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 the left side and a 26 foot side yard variance on the right side 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. Map Document: (N:IPlanning And_Developmentl 1_Locator MpslHelenaWeaver VAR2107_091707.mxd) 9/17/2007 3:25:20 PM Frederick County, VA Location in the Lounty Map Features 0 Hamlets 1. Future Rt37 Bypass Application £S Lakes /Ponds Streams Streets Primary 'V Secondary Terciary Winchester Rds :1 Urban Development Area SWSA Topography (5' interval) Location in Surrounding Area Case Planner: Lauren Variance VAR 21 07 Application Helena Weaver Parcel ID: 69A -1 -32 -61 C00 ee; 1 Helena Weaver Frederick County, VA Location in the Gountq Map Features O Hamlets e!• Future Rt37 Bypass 0 Application t• Lakes /Ponds Streams Streets 'r. Primary Secondary Terciary Winchester Rds CS Urban Development Area ti SWSA Map Document: (N:\ Planning _And_Developmentl_1_Locator Mps1HelenaWeaver _VAR2107_091707.mxd) 9/17/2007 3:25:20 PM Location in Surrounding Area 250 500 Case Planner: Lauren Variance VAR 21 07 Application Helena Weaver Parcel ID: 69A- 1 -32 -61 4 MUST BE TYPED OR FILLED OUT IN INK PLEASE PRINT 1. The applicant is the owner other (Check one) 2. APPLICANT: E (if d fferent) NAME: 6c ilk 1 )u\\th s NAME I nQ j� ADDRESS 541 -ee( G P dP \511\ 0\11‘1___ \j 2 TELEPHONE: 540 3. The property is located at (give exact directions and include State Route numbers): hy I\ I YQi APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA Page 5 of 9 IS (ILLI9 S Congress St ADDRESS: .4Q■ rKef A 2z$444 TELEPHONE: 4. The property has a road frontage of 10 0 feet and a depth of 20 feet and consists of il s 9 acres (please be exact). 8. The existing zoning of the property is: A 9. The existing use of the property is: r QVJ 1 0.n d 10. Adjoining Property: USE North Y East South West property, or t 41 t 1 Page 6 of 9 5. The property is owned by lbtoi He line, \e as evidenced by deed from Ali \nC• recorded (previous owner) in deed book no. '-422 on page 51'4 of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: 3 M .1S C r t €,K 7. Property Identification No.: VI R I 3 2 (o J ZONING R A R R }R A RA 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. 1 -H VAL 6 h \)0} k St S 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 the use or development of property immediately adjacent thereto N Cllrre ,SetbracK s Si7 of raped -u 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 0 U 1 sh J Address L`dll I� roV/e r Ln tAIRCA1etr,Wn V 1- 2( Property ID (oq A I 32 39 NUvi a 6 S I, J 2:8c6 Dv o v e, t_" A ddress MidnI t+o�■ v A 2:2A,416-- Property ID# (t9A 1 32 4() ��Gvi d c�Vl c �l i sh Address 1 Drover Ln L. M�riglebx& m N I N 1. 1-ct 45 Property ID (O Q A I- 32 /Z 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 34.07 �,,60' B.R.L 190 4, 4 2 10% k OZ 100.00 W IRS.. O S Prop I S Hse. i n 3 c ep 50' B.R.L. s Prop. Well 4> 100.00' V 37QL 1. Easements, if any, not shown. No title report furnished. 2. This property does not he within the 100 year Flood Zone as shown on the F.E.MA. F.I.R.M. Community Panel. 3. Boundary denied 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 comers. PROPOSED HOUSE LOCATION SURVEY PLAT Property of "LOUIE R. WEAVER HELENA V. WEAVER" "SHAWNEE -LAND" Subdivision, Section 32, Block 1, Lot 61 Deed Book 422, Page 574 Tax Map#69A (1) (32) 61 Back Creek Magisterial District Frederick County, Virginia Scale 1"=50' Date: July 27, 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 BELLWORT TRAIL(60' R/W) S 52°50'56 °W Lot 40 N 52 °50'56' Lot I 62 1 Lot 39 LEGEND Q- Iron Pin Found t I 08/06 /2007 12:31 FAX 54097261" 08/05/2007 23:32 FAX 5406588084 (Number to be assigned by the Planning Dept.) I (we), the undersigned, do hereby respectfully make application, and petition the Frederick County I3oard 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 gtleast sev ,J7) days prirrto the J7A public hearing and stint 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. SIGNATURE OF APPLICANT a C1C S -,64 &bra F �c, s L.LC DATE 1 3 o l SIGNATURE OF OWNER DATE (if other than applicant) -OFFICE USE ONL- BZA PUBLIC HEARING OF /016T 1p 7 ACTION: APP OVAL SIGNED. DENIAL HOLDER GROUP REAL C -21 CAMPBELL REALTY INC AGREEMENT VARIANCE —0 ,a .✓-T /hi-2fl Li. .)E L EZA CHAIRMAN DATE: lb Jale 0 7 003;/003 41 /0/07 N =5364 MARJEC, INCORPORATED 10 DEED LOUIE R. WEAVER ET UX x *-:r *.x. BOOK 422 PAGE 574 THIS DEED, made and- dated this l 0i(. day of 1973, 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 Louie R. Weaver and Helena V. Weaver 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, sells 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 61 Plat' 6 Section 32 described and set forth in that certain deed of dedication of Marjec, Inc. dated the 28 day of July ,19 71, and of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 980 Page 269 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. LAW BOOK 922 scI 575 The Grantor covenants that it has the right to convey the within described property; that the Grantees 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. Lamborne, its President and duly' authorized agent, and its corporate seal to be affixed and attested by its Assistant Secretary the first hereinabove written. r f orpete Seal) Attest By: STATE OF MARYLAND MAR By COUNTY OF MONTGOMERY, To -wit: I, date INCORPORATED P Donald R. Lamborne, President 5 ,�/Tn ,•.r/,r, a Notary Public in 5T!e� and for the County and State aforesaid, do certify that Donald R. x�:• ?AH, .1N� Lamborn, and 5./4 ,c. P .•.I. President an ssisinri Secretary PURL .respectively of Marjec,,Incorporated, whose names are signed to He. the foregoing writs bearing da te the day of w. g 8 n8. ng Y J r-. 19 7? have personally appeared before me in my County and State aforesaid and acknowledged the same. Given under my hand this day of /)eei 19Z? My commission expires my comr.aon c.p�.c, icy 1, 1974. --Tr /.1 r'7 Notary Public VMRG[NIA FREDERICK COUNTY, SCT. This instrument of writing was produced to me on the 911. day of -e 19 and with certificate of acknowledgment at 3' ed admitted to record. Tax imposed n Sact dd e4 1 of cad wa.s and 53-54 have been paid, if asasaJio.