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Home My WebLink About23-07 ApplicationThis 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 application. It may also be useful to others interested in this zoning matter. BOARD OF ZONING APPEALS HEARING DATE: October 16, 2007 LOCATION: White Pine Lane in Lincoln Estates MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 51 -A -16F 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: Agricultural East: RA (Rural Areas) Use: Vacant West: RA (Rural Areas) Use: Vacant VARIANCE REQUESTED: The applicant is requesting a 49.9 foot rear yard variance, resulting in a 50.1 foot rear yard setback, for the construction of a 28x40 foot single family dwelling and a 28x24 foot garage. REASON FOR VARIANCE: Narrowness of lot VARIANCE APPLICATION #23 -07 CHRISTOPHER LORI SCHUBERT Staff Report for the Planning Commission Prepared: October 2, 2007 Staff Contact: Mark R. Cheran, Zoning Administrator Variance #23 -07, Christopher Lori Schubert October 2, 2007 Page 2 STAFF COMMENTS: This parcel of land was created in 1973. Frederick County adopted zoning in 1967 and the Frederick County historical zoning map shows this property was zoned A -2 (Agricultural General). 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, 1 00 feet to the rear, and 50 feet to both sides. Based on the narrowness of this lot, the applicant is requesting a 49.9 foot variance on the rear setback to construct a 28x 40 foot single family dwelling with a 28x24 foot attached garage. The current RA setbacks, if enforced, would eliminate a buildable area on this lot. If granted, this variance would result in new setbacks of 60 feet to the front, 50.1 feet to the rear, 100 feet on the left, and 50 feet on the right. STAFF CONCLUSIONS FOR THE 10/16/07 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. 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. 50 A 12 LOCKHART, DENNIS B KAREN D 7/ 50 A 58 RHINEHART, ALMA B. Chris ophen Lori Schub r 51 A 35 RACEY, FRANKLIN P. 7/ 51 A 31 CONNELLY, PENNY G Frederick County, VA Location in the County Map Features O Hamlets *►s Future Rt37 Bypass Application tS LakesPonds Streams Streets Primary 'V Secondary Tertiary Winchester Rds I.* Urban Development Area SWSA Topography (5' interval) Location in Surrounding Area 0 250 500 Case Planner: Mark Map Document: N: \Planning_And_Development \_1_ Locator_ Mps\ ChristopherLoriSchubert_VAR2307_091707.mxd) 9/17/2007 2:09:21 PM Variance VAR 23 07 Application Christopher Lori Schubert Parcel ID: 51 A 16F 51 A 31 CONNELL `f. PENNY G 50 A 12 LOCKHART,,DENNIS B KAREN D Map Document: (N:1Planning_And_Development1 1_ Locator_ Mps\ ChristopherLoriSchubert_VAR2307_091707.mxd) 9/17/2007 2:09:21 PM Frederick County, VA Location in the County Map Features 0 Hamlets 4 11. Future Rt37 Bypass I= Application 8 Lakes /Ponds Streams Streets Primary 4 .1.. Secondary Tertiary Winchester Rds 0 250 500 Case Planner: Mark Variance VAR #23 -07 Application Christopher Lori Schubert Parcel ID: 51 A 16F Location in Surrounding Area 1.0r-e 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 x (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME:Gary R. Oates GreyWolfe, Inc. NAME: Christopher and Lori Schubert ADDRESS 1073 Redhnd Road ADDRESS: 7133 nalhniise Street Winchester, VA 22603 Springfield, VA 22151 TELEPHONE: 540- 667 -2001 TELEPHONE: 703 -967 -6570 Lane and drive 3600' to the lot at the end of the road. Note 4 wheel drive is advisable for access. I SEp 1 3 2007 \t I PI 3. The property is located at (give exact directions and include State Route numbers): From Route 50 West Turn Left outh) onto Ouail Lane for 9400' then turn left onto White Pine 4. The property has a road frontage of 25' feet and a depth of 157' feet and consists of 2.494 acres (please be exact). 5. The property is owned by Christopher and Lori Schubert as evidenced by deed from Hutchinson, et als recorded (previous owner) in deed book no.040020627 on page of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: Back Creek 10. Adjoining Property: e 7. Property Identification No.: 51- (A) -16F 8. The existing zoning of the property is: RA 9. The existing use of the property is: RA USE North Vacant Lot East Woodlands South Agriculture West Vacant Lot 7 ZONING RA RA RA 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. 11 11 .1 11 .1• 1.1.. 11 11. 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 The narrowness of the lot allows a building envelope of 10.02 This prevents the construction of a house. The rear lot line is adajacent to a 260 acre farm whose nearest structure is over 3500' away. Adjacent lots within Lincoln Estates have 50' setbacks. Estate of Alma B. Rhinehart Address 1200 Fairfax Street, Stephens City, 22655 Property ID 50- (A) -58 Gerald N. Phelps Address 245 Phelpsmore Lane, Winchester, VA 22602 Property ID 51- (A) -34 Philip J. Rittman Address 202 Ogden Lane, Trailer #6, Middletown, VA 22645 Property ID 50- (2) -12 Dianna L. Swaner Address 202 Ogden Lane, Trailer #6, Middletown, VA 22645 Property ID 50- ((3)) -(D) -1 Jeffery S. Dunlap, Sr. Robin L. Dunlap Address 760 Woodchuck Lane, Winchester, VA 22602 Property ID 50- ((3)) -(D) -2 Address Property ID Address Property ID 13. Additional comments, if any: The Int has an approved 3 bedroom septic site (done in 2003) and is accessible. The current setback from the Agricultural parcel is 100' and creates a hardship. The lot was created in 1973. 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. necessary.) These people will application: NAME 8 (Use additional pages if be notified by mail of this THIS 15 NOT A BOUNDARY SURVEY. 50- (A) -58 ESTATE OF ALMA B. RHINEHART INST #990008556 ZONED: RA 1260 ACRES IRON ROD FOUND PLAT NOT OF RECORDED BY DOUGLAS C. LEGGE TITLED "BOUNDARY SURVEY Of THE ALMA B. RHINEHART ESTATE" DATED JANUARY 20, 2003 DRAWING NAME: ID4230 CORNER #11 OF TRACT No. 8 RECORDED AT DEED BOOK 82 AT PAGE 19. IRON ROD FOUND. N 38 14'45" E 175.00' PROPOSED WELL SITE PROPOSED HOME LOCATION 51- (A) -16F CHRISTOPHER E. SCHUBERT, SR. LORI G. SCHUBERT #'040020627 ZONED: RA 2.494 ACRES S 38 °14'45" W 15721' 51- (A) -34 GERALD N. PHELPS DB 236, PG 436 ZONED: RA 188 ACRES 50- ((3)) -(D) -1 DIANNA L .SWANER D8 581, PG 256 ZONED: RA 13 ACRES PLAT OF RECORD DB415, PG101 IRON R00 FOUND 80' 0' 80' GRAPHIC SCALE 50- (2) -12 PHILIP J. RITTMAN DB 343, PG 442 ZONED: RA 13 ACRES PLAT OF RECORD DB 343, PG 552 6 ac. FRONT 50' 6 ac. LEfT 100' <6 ac. RIGHT 50' >6ac. REAR 100' SETBACKS REQUIRED PROPOSED 12.4 MILES TO RON ROD ROUTE 50 FOUND n/a n/a n/a 50' 25' R.O.W. #3600' 70-0-- WHITE PINE LANE QUAIL RUN LANE 6aav�a. •one Lic. No. 1518 -B 19 1(0 S UR\JEyo�. SKETCH PLAN FOR A PROPOSED SETBACK VARIANCE OF LOT 51- ((A)) -16F LINCOLN ESTATES BACK CREEK DISTRICT, FREDERICK COUNTY, VIRGINIA k Inc. 1P Land Surveying and Consulting 1073 Redbud Road Winchester, VA 22603 GreyWolfeInc@aol.com 540- 667 -2001 OFC 540 -545 -4001 FAX DATE: SEPTEMBER 5, 2007 I FILE NO: 0040 I SCALE 1" 80' Planning Office, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540- 665 -5651 Facsimile 540- 665 -6395 Know All Men By These Presents: That I (We) (Name) Christopher E. Schubert, Sr. and Lori G. Schubert (Address) 7133 Dalhouse Street, Springfield, VA 22151 the owner(s) of all those tracts or parcels of land "Property conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 040020627 on Page 0039 and is described as Parcel: 51 -A Lot: 16F Block: Section: Subdivision: Lincoln Estates do hereby make, constitute and appoint (Name) Gary R. Oates, LS -B, PE GreyWolfe, Inc. (Phone) 540- 667 -2001 (Address) 1073 Redbud Road, Winchester, VA 22603 -4757 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: My attomey -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: K NotaryyP Board of Zoning Appeals Variance Application This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. Air o se y (our) hand and eal th s day of 200 9 Alt r' f tS In witness thereof, I (we) 1 h: e t! Signature(s) ate of Virginia, City /County of °Lk( Special Limited Power of Attorney County of Frederick, Virginia (Phone) 703- 967 -6570 To -wit: a ___.4 I a otary Public in and for the jurisdiction aforesaid, certify that the person(s) who jil to e oregoing instrument and who is (are) known to me, personally appeared before me and has knowledg-d th ame before me in the jurisdiction aforesaid this day of 2007 My Commission Expires: 1 3o b? ofias_3 Ia 60'1 AGREEMENT VARIANCE 023 -0'7 (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. 1 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 at least seven (7) days prior to the BZA public 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. SIGNATURE OF APPLICANT e DATE 9 /2 -67 SIGNATURE OF OWNER BZA PUBLIC HEARING OF APPROVAL DENIAL e 'ca t) OFFICE USE ONLY- 20 kola') -DAT SIGNE DATE: 10 Ott ACTION: DATE 9yr' /07 ?/u l BZA HAIRMAN h(e'07 Lutit- Moro Views Floor Plans Exterior kt inP1 CI R d dg r Pinar Fmnt view Tads U Add to Favorites I customize Plan Pant Summary 1 r5end to a Friend Compare Plans Select up to 5 plans for comparison. Add-eldQSQ CgmP0ti;pn No plans have been selected for comparison. fiemarreanage Click on the floor plan image to diepiay a larger view t' I escrlptlon Hs gorgeous chalet is partially surrounded by a large and manly deck that is great for indoor /outdoor living. The living and dining area shows off a fireplace with a raised hearth, plus large windows to take in the outdoor views. The area is further expanded by a 17K-11.-high vaulted ceiling in the dining room and sliding glass doors that lead to ttte deck. The kitchen offers a breakfast bar that separates it from the dining area. A convenient laundry room is nearby. The main-floor master bedroom is lust steps away from a linen closet and a hall bath. Two upstairs bedrooms share a second full bath. The highlight of the upper floor is a balcony roam with a 12%-11.-high vaulted ceiling, exposed beams and tall endows. A decorative railing provides an t edook into the dining area below. 7ft:tailed Specification Exterior Wall Framing 2x6 Available Foundation(s) Daylight Basement Exterior Materials Wood Dwelling Type Single Family Bedrooms 3 actual, 3 possible Baths 2 fte Floors 2 Living Area (Sq. FL) Lave) Finished Unfinished First 1084 Second 869 Basement 475 Total LNIng Area 2408 0 Dimensions 34' x 40' x 0' (width x depth x height) 4 Laundry Floor First Master Suits Floor First Master Suite Features Fireplaces 1 Kitchen Style L- shaped Kitchen Features Nook, Snack Extra Features Roof Style Gable Roof Constmc0on Garages Style Stalls Area (sq. ft.) Attached One Car Horne Plan H -919 -1 Title Decked -Out Chalet Style(s) Influences Chalet, RecreationNacation Home Type Hillside, Indoor/Outdoor, Narrow -Lot Room Information to lopy back to top e= Similar Plans More_yb thls desinner Mom by any dP6ygner fr) Home Plan H -919 -1 o OOM CFO" x IV&'' Decked -Out Chale 7563 -6574 EBY/6hb ID ••oa z z o °a (21 co a w a w tfl 0 2 F x o o a x V H t7 N a o 7d o p v o .y .N o n O I n 110 4 en .r ut 1 N to n a v 040020627 0 0 (1) '.o THIS DEED, made and dated this 2. 9 1 h day of Septemher. 2004 by and between REGINA M. HUTCIIINSON IASON A. CASFANEDA, and IAN A. CASTANEDA. parties of the first part. hereinafter called the Grators, and CHRISTOPHER E. SCIIUBERT, SR, and LORI G. SCHUBERT, husband and wife, panics of the second part, hereinafter called the Grantees. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantors do grant and convey. with General Warranty and with English Covenants of Tide. unto the Granters, as tena by the entirety in fee simple, with survivorship as at common law. together with all rights. rights of way. privileges. improvements thereon and appurtenances thereto belonging, all of the following realty: All of that certain tract of land situate in Back Creek Magisterial District. Frederick County, Virginia., about 5 'L miles West of Winchester, a short distance South of U. S. No. 50 Highway containing three (3) acres, more or less. conveyance being in gross and not by the acre, described as follows: All that certain tract of land beginning at (t) a point which is located in the original S. E. boundary line of Tract No. 8 and shown on the plat recorded in fiber S2. folio 19. in the Clerks Office of the Circuit Court of Frederick County, Virginia, as Point 11 in said tract No. 8, which has been recently marked by a steel pin set by Richard U. Goode, C.L.S., thence from said point 157.21 feet hearing N. 38 deg. 14 min. 45 sec. E. to (2) a point thence 654.00 feet hearing N. 51 deg. 45 min. 15 sec. W. to (3) a point, thence 175.00 feet bearing S. 38 deg. 14 min. 45 sec. W. to (4) A point, thence 654.10 feet bearing S. 53 deg. 24 min. 29 sec. E. to (5) the point of beginning. AND BEING the same property conveyed to Regina M. Hutchinson, et. als., by decd from Anne Juanita Caslaneda. by deed dated September ,Zq+h. 2004 and recorded in the aforesaid Clerk's Office immediately preceding the recordation of this Deed. where they acquired a one -half interest in said property. They inherited the other one half interest from their father, Ronald F. Castaneda, who died intestate in January of 211)4. leaving as his sole heirs at law, the grantors herein. Reference is hereby CHERIE S DOWELL My Commission Exps Juty 22. 2008 o fvr JUsen C a Sr net'cU made to the aforesaid instruments and the references contained therein for a further and more particular description of the property conveyed herein. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty. The Grantors do hereby covenant that they have the right to convey to the Grantees; that the Grantees shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and he will grant such further assurances of title as may be requisite. WITNESS the following signatures and seals: W(( �!UR GINA V1. HUTCHINSON R O O n (SEAL) STATE OF _rra,a,.• COUNTY OF ete.e ._(01; To -wit: I. 6±2727 6 (P r a Notary Public in and for the State and jurisdiction F-X-nAJ 4. 4SmW aforesaid. do hereby certify that R—EGIN Ai+ -l-IU TCMI:ISO ?r, whose name is signed to the foregoing Deed, dated this Ae day of September, 2004 has personally appeared before nie and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 2,9 of September, 2004. My commission expires: STATE OF Mt:fry/evice COUNTY OF /droner:" To wit: I. Cher, e S 1 )9aae!/ a Notary Public in and for the State and jurisdiction aforesaid. do hereby certify that JASON A. CASI'ANEDA, whose name is signed to the De flier foregoing Deed. dated this Jrh day of der; 2004 has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Ocieber Given under my hand this ,./12 of Septemtrrs, 2 004. My commission expires: 2/a.4xc& My Commission Exrs. July 22, 2006 My Dammissipn Expires December 31, 2006 ;T e, Notary Public 3 L Notary Public Deed, dated this STATE Of l/lrlAiht'li. COUNTY OF AI fN i r kkpw, 17M To -wit: 1• (q /4I ReAiL a Notary I'ublic in and for the State and jurisdiction P6<a i.J,1 NI HU R ON—COI aforesaid, do hereby certify that I*N717 whose name is signed to the foregoing day of SrryiemH 2004 has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. fxfofxr Given under my hand this 1 of Saps ni her 2(104. My commission expires: v r r 30 )007 /Soo u o<r:, 4 •o..lp..� d ,o in', U\ J Notary Public U O n)