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Home My WebLink About22-07 ApplicationVARIANCE APPLICATION #22 -07 WEBSTER LEWIS Staff Report for the Board of Zoning Appeals Prepared: September 21, 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 112 on Basil Trail MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 69A -1 -32 -112 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'x26' single family dwelling. REASON FOR VARIANCE: Current setbacks for the property result in a small buildable area on the property. Variance #22 -07, Webster Lewis September 21, 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 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. TS then• W AWN Map Document: (N:1Planning_And_Developmentl 1_ Locator_ MpstWebsterLewis _VAR2207_091707.mxd) t 9117/2007 3:08:55 PM Location in the County Map Features O Hamlets Alt. Future R137 Bypass Application S Lakes /Ponds Streams Streets Primary 'v Secondary Tertiary Winchester Rds Urban Development Area SWSA Topography (5' interval) 0 Frederick County, VA Location in Surrounding Area Case Planner: Lauren Parcel ID: 69A 1 32 112 Webster Lewis Variance VAR #22 -07 Application 1 1 Webster Lewis Frederick County, VA Location in the County Map Features O Hamlets e!+ Future Rt37 Bypass Q Application !S Lakes/Ponds Streams Streets 'N.- Primary 'b Secondary Tertiary Winchester Rds Urban Development Area ti SWSA Map Document: (N:1Planning_And_Development1 1_ Locator_ Mps\ WebsterLewis _VAR2207_091707.mxd) 9/17/2007 3:08:55 PM 250 500 1 Case Planner: Lauren Variance VAR 22 07 Application Stat Tanne Location in Surrounding Area Webster Lewis Parcel ID: 69A -1 -32 -112 OFFICE USE ONLY Variance Application o. 6' s j Submittal Deadline: l Submittal Date c/ (2 For the meeting of c9 o Fee Paid: -yes initials: Sign Deposit s MUST BE TYPED OR FILLED OUT IN INK PLEASE PRINT 1. The applicant is the owner other (Check one) OWN i (if different) 2. APPLICANT: NAME: ?AM cterS NAME: \N )S Cx Co 6S L Pwi S ADDRESS Cj`}2 et( C1 r c l e ADDRESS:l 2-09 M j Lr, Fion1 12oyat R 22(P Amo,(Aalto JA 22003 TELEPHONE: 5 Li 0 t_p (p 41.1 3. The property is located at (give exact directions and include State Route numbers): 4. The property has a road frontage of t O feet and a depth of 2.0 0 feet and consists of 4 59 acres (please be exact). Page 5 of 9 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA TELEPHONE: 5. The property is owned by 2A)Sk.y C, h i o 4 L t w i S as evidenced by deed from MO,r N c `nc recorded (previous owner) in deed book no. 4 1p on page 4 4 1 of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: C1di �Y e �K 7. Property Identification No.: (Q C1 A 1 3 2 I'L 8. The existing zoning of the property is: A 9. The existing use of the property is: Y 0,\N1 O 10. Adjoining Property: USE ZONING North y Q R A East R A South \K\A R A West Y R A 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. 3I-\ -6+ h. r L o n boi .S Lf. si cle, yard va,r ia n ce,$) 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 \N M) tlr YP Y1� SP- No,CKS 4- _Si to k OA C1 YOOm VA)'1/4\\d Q 61140 Page 6 of 9 ��aVIC Address (o l hQr If S W r\ p 1S, tYC 2b Property ID #(J9 G A 1_31- 11 00SOn SifYlith Mo✓i etta ve. Address (1 i r nor m L 2.1214 Property ID 1 P co f 3 2_ q N en L 9 ddress 11 L i E,1 Rd VVinc/IP.3 VA 2114 Property ID (j qA 1 31 ii 8 Ck v i Address 3 ii-c e c 'or1eStRu b rl1 ,0 Property ID (0c1 i 32 n 1 (-\\\-0 L 1 e Address 04 Eheft Po I'4';na l' PS ,v VA Property ID (0 9 A I 32 //9 27.60, 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 it 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. Easements, if any, not shown. No title report fu 2. This property does not lie within the 100 year Fl one 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 by all drainfield comers. BASIL TRAIL(60' R/W) N 52 °50'56" 100.00' Lot 112 0.459 acres 20000.00 sq ft 50' B. .L. PROPOSED HOUSE, DRAINFIELD, WELL LOCATION SURVEY PLAT Property of "WEBSTER T. LEWIS CHIOU S. LEWIS" "SHAWNEE- LAND" Subdivision, Section 32, Lot 112 Deed Book 446, Page 441 Tax Map#69A (1) (32) 112 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 e 32.00' I r Pro p. 8 Hi 34.00' +1- 300' CAPON SPRINGS TRAIL t Lot <113, S 52 °50'56" W I �Lot I i� Lot X119, LEGEND Iron Pin Found 08/22/2007 04:06 FAX 5406368084 C -21 CAMPBELL REALTY INC S7 ATiJRE OF 4\OPAXL DA A 1 0 SIGN TITRE OF OWNER /2 ,Z CD 7 SIGNE AGREEMENT VARIANCE 'b t7 (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 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. understand that the sign issued to me when this application is submitted must be placed at the front property line at least seVen (7) days prior to the BZA ublic hearing 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. PPLICANT. iy02 006 C,1 AP ROVAL BZA CHAIRMAN Page 9 of 9 (if other than applicant) OFFICE USE ONLY BZA PUBLIC HEARING OF 6 I ger k 9 -DAIE- DENIAL DATE: la 1 I to /0 7 d Cr s LPL DATE 0002 ACTION: f� v x {1h r1 x 'O .d V[ 1• U... Malell1111111! 441 71q ,+r 411 THIS DEED, made and dated this 28 day of J.;ne 1971_, by end betwen Mnrjec, 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 I called the Grantor, and W b t c TT_ r,cf 1 t i and Chiou S. T.win his wife, hereinafter called the Grantees. WITNESSETTi: 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 end conveys, with general warranty of title, unto the Grantees in tee simple, jointly, as tenants by tk,e entirety with the common ls,+ right of survivorship, all of the following described property: All of that certain lot or parcel of land designated ae Lot 1l2 plat' 9 Section 32 described en a e,c forth in certain Geed f dedication of Marjec, Inc. dated the 78 day of ;7uly 1971 and of record in cine Clerk's Office of the Circait Court .of Frederick County, Virginia, in Deed gook 3no p age 269 Reference is made to the aforesaid deed of dedication and the references therein contained for a more particular description of t;.c lend hereby conveyed. This lot or parcel of lend is rcnveyed subject co all of the restrictions) set forth in said deed of dedication which are 1 covenants running with the land in accordance with the authority I I granted therein. IC is further understood and agreed between the parties hereto that all of the conditions in that certain contract of sale end purchase entered into between the parties hereto for Iche hereinabove described lot prior to the date of this deed are not to be merged into,this deed, but ere to survive and to be in full Lorca ar.d off4at har,se fear, 442 n 4.. y r 'r C/� 14 I 9 COM4rate Seel) usn ir n yn pNJ Attest By Scs-t 'y )1,./e.2.1-re„ an A J STATE OT L4 FREDERICK COUNTY OF MONISONERlf, Tb wit: I, Janice K. Johnson aforesaid and acknowledged the same. The Crantor covenants that it ha• t`:c right to convey the within described property; C-lat the Grantees shall 'have qufet 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 he requisite. IN WITNESS WHEREOF, the seid Ma; :sec, Incorporated, has caused this deed to be executed, acknowledged and delivered on its behalf by Donald R. Lamborne, its President end duly authorized agent, and its corporate seal to be affixed and attested by Dorothy M. Reed its Assistant Secretary; the first date hereinabove written. MARL E INCORPORATED �J By Donald R. Lamborne, Prc 'eiit and for the County and State aforesaid, do certify that Donald R. Lamborne, and Dorothy M. Reed President and Asst. Sec'y respectively of Marjec, whose names are signed to the foregoing writing, bearing date the 28 day of a Notary Public in June 19_25_, have personally appeared before me in my County and State Given under my hand this 8 day of July 1975 My commission expires Aununt 30, 1978 otary :'rblic VERO NA TREDV NCK COUNTY, SCT. Thla lra m struont o iting was produced to me on the f/ day of 19 at. and with certiJifo of a owfidgment thereto annatsi was admitted to r66ord. Tax pa,od Di S rc. 6d•.,4.1 of -T" and 50 -54 have boon paid, 11 a .be sab,e. be ,,..(i t C1«i. 0