HomeMy WebLinkAbout25-07 ApplicationVARIANCE APPLICATION #25 -07
RED APPLE GROUP
Staff Report for the Board of Zoning Appeals
Prepared: December 6, 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:
December 18, 2007 Action Pending
LOCATION: 277 White Hall Road (Route 671)
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 32 -A -68E
PROPERTY ZONING USE: Zoned: RA (Rural Areas)
Land Use: Residential
ADJOINING PROPERTY ZONING USE:
North: RA (Rural Areas) Use: Residential
South: RA (Rural Areas) Use: Residential
East: RA (Rural Areas) Use: Residential
West: RA (Rural Areas) Use: Residential
VARIANCE REQUESTED: The applicant is requesting a left side yard variance of30 feet, which
will result in a 15 foot left side yard setback for an existing dwelling.
REASON FOR VARIANCE: To correct building encroachment on building restriction line which
was not discovered until resale.
Variance #25 -07, Red Apple Group
December 6, 2007
Page 2
STAFF COMMENTS: The applicant is requesting a Left side yard variance of 30 feet which will
result in a 15 foot left side yard setback for an existing dwelling. This property is located within the
RA (Rural Areas) Zoning District and the building setbacks for this property by approved plat are
front 60 feet, right side 50 feet, left side 45 feet and rear 50 feet. The left side of the dwelling is
encroaching 30 feet over the left setback line. It is noted that this new setback would be measured
from an existing right -of -way to an adjacent lot.
Section 165 -23 H (1) Frederick County Zoning Ordinance provides the survey location requirements
for primary structures and states that, "A surveyor licensed in the Commonwealth of Virginia shall
establish the location of any primary structure that is five feet or less from any minimum setback
requirement The permit holder submitted an application for building permit #451- 2004), on
March 15, 2004, with setbacks of 80 feet front, 165 feet right side, 65 feet left side and 180feet rear.
Therefore, the applicant was not required to submit setback surveys for this property. The Frederick
County Building Official issued a certificate of occupancy for this dwelling on November 24, 2004.
This setback violation was discovered during a title search for resale of this property.
STAFF CONCLUSIONS FOR THE DECEMBER 18, 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.
It appears that this variance meets the intent of the Code of Virginia, Section 15.2 -2309 (2). The
property was acquired in good faith by the owner and with no previous knowledge of the setback
violation. This request from the current setbacks of the RA zoning district may be justified.
Frederick County, VA
Location in the County
Map Features
O Hamlets
Future Rt37 bypass
0 Application
O Property Lines
VI Urban DevelapmentArea
SWSA
Location in Surrounding
g Area
0 .500
net
Map Document: (N:1Plannin
9 And_Develo p Case Planner: Mark
pment1 1_Locator M p sl Red_Apple_Gro u
VAR2507 113007.mxd) 11 /30/2007 1 1:00:52 AM
Variance
VAR #25 -07
Application
Red Apple
Group
Parcel ID:
32 A 68E
1
32 A 51
ISENHOWER NELSON N R SUE WILSON
22 717
EROAL ERIK
53C
ELL GLEN W PAMELA L
Fred County, VA
Location in the County
Map Features
Hamlets
Future R137 Bypass
Application
Properly Lines
11 Urban Development Area
SWSA
Location in Surrounding Area
Variance
VAR -07
Application
Red Apple
Group
Pa rcel ID:
32 -A_68E
ROSS�D.K.6' o¢
Map D ocument: N
IPiannin
9_And_Developmentl 1 _Lpcator M Case Planner: Mark
pslRed Apple_Group_ugR2507 113007.
mxd) 11 /30/2007 11 ;00:52 AM
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MUST BE TYPED OR FILLED OUT IN INK PLEASE PRINT
1. The applicant is the owner
2. APPLICANT:
APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
other (Check one)
OCCUPANT: (if different)
NAME1OnnI e S use. l-A WQCds NAME:
r D I PL€ row 1a.0
ADDRESS R k)l■ \-e F 104 ADDRESS:
W nches\tr A a 403
TELEPHONE: 6 --343 -a a c i d TELEPHONE:
3. The property is located at (give exact directions and include State Route numbers):
b- 6 Wor` h o� l) naval,- 40 1 31,1' m A ?p e._ l P;e_
139 m;le. R kt ch WRik
dk.1I Rd (Ri• L7) m 154 rni k
4. The property has a road frontage of 300 feet and a depth of 33 4 .7 feet
and consists of ?•391o8 acres (please be exact). n)
Page 5 of 9
5. Theproperty isownedby )R PlptQ. Crrouf LLC as evidenced
by deed from ;Pint 4t 0 a'4015' recorded (previous owner) in deed
book no. on page o51 gffos4ef the deed books of the Clerk of the
Court for Frederick County. Please attach a copy of the recorded deed.
6. Magisterial District: S4one wo. 11
7. Property Identification No.: 46E1
8. The existing zoning of the property is: B
9. The existing use of the property is: 45 g!N►C
10. Adjoining Property:
USE ZONING
North fres;au1 Ce• RA
East tsidence kA
South 1 lat a
West es
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.
4 30 {f SM r d Vo. rZanc.,a. 'tor ann 5 24 isir t,_
Dwa11.'n� (sae. (Ad)
0
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 1
4D torrec4 6u.ilai�p Ptnciroka,nQn dn enk 0i(1
lktsrr■ c4; 1.; 11e. tthl CA 4345 tiD A SCevaNtq kVnrn 1t154L
Page 6 of 9
L
��1flskt n Milltr
Address 1 ;ft N0.".
Property ID# 3a_A
LC
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Address ,R (pp Whist
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Property ID# 3a (A43 A
ienoAL
Address A L 3 1.c)k `4Al1 6.4
Property ID# 3z- A
Address all Lobs e. 441
I Road
Tic- ry L.. cryts
Property ID# 3 A- (,$"B
G A6Zy VA'(VIV.
Address 313 .4)h 1 c. 14a oc4
Property ID# 3a- A -bg?
A 1.1—
Address I 1 b Far r'
Property ID 3,z A 63
Address
Property ID
Address
Property ID
NAME
?ropwaj wktr, skwies was ?%r SO r new ow s
13. Additional comments, if any: Tt 46 Make, `E.a, ro et4
n w.44, reitAti ;ck COu,ri3 2.0 n'r he ttla�i so
Agli 33 can be. sold �J
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:
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.
£to fl*4& )ed k. -va an,d, ?boil) 5
Page 8 of 9
NOV -19 -07 02:07 PM —MAX
-ROM .RED APPLE GROUP LLC
FAX NO. :910-754-7109 s Nov. 19 2007 03:29PM P10
6624742192 P.10
AGREEMENT
VARIANCE ,,Z S- d 7
(Number to be assigned by the Planning Dept)
1 (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.
authorize the members of the BZA and Frederick County officials to go upon the property
for site Inspection purposes.
1 understand that the sign issued to me when this application is submitted must be placed at
the front property line it.. egit seven (7) days prior to;the.l lbli _h_ aril and maintained
NO as to be visible from the road or right -of -way until the hearing,
1 hereby certify that all of the statements and information contained herein are, to the best
of my knowledge, true.
ATUftE g� AP CANT
DATE ttIMI4
SJ I t l c-t� 0 N TUBE OF OWNt
it/ APPROVAL
SIGNED: AAA:
DENIAL
BZA CHAIRMAN
DATE:
Page 9 of 9
C roup, lLz.
DATE
(if other than applicant)
OPFICg TJSE!QNLY-
BZA PUBLIC HEARING OF /c2. b'/ 7 ACTION:
'ROM :RED APPLE GROUP LLC
11/202007 11:29
RE 3 910 754 7108
FAX NO. :910- 754 -7108
Special Limited Power of Attorney
County of fi ederlck, Virginia
i Nov. 20 2007 11:48AM P2
annnag Office, County of Fredariek, VI:gfnia,107 North Kent Sheet, Winchester, Virginia 22601
Phone 5404665 -8651
PaedSIe 540. 6654395
t'C.983 UO2
Know All Men By These Presents: That 1(We) 'led Apple_ G-Ao ccp L L
(Name) Lawson S Tr; p t 1 t- (Phone) q10 /1 194 -7 I QV
(Ammo) i la V Jj a 'Rd S v4 Su: .k ao a ShG l I o-fir, NC
the owner(s) of all those tracts or pmfras df 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. 09 AO r on Page 548, 6 48 A, and is described as
Parcel: Lot: s-? Block Section: Subd4 lie- 11 kr&CI
do hereby make, constitute and appoint
(Name) 'Zonnie Sett Eiluar{{s P h one sl o -3a3 sag o
(Addrees) I61 51io4.ty eS tcAC UP' c VNe,57et; V4 2240
To act as my true and lawful attorney -/n of for and in trty our) name, place and Oath With Rill power and
authority I (we) would have if acting personally to file planning applications for my (our) above described
Property, including:
Rezoning (Including proffers)
o Conditional Use Permits
D Master Development Plan (Preliminary and F5nal)
Subdivision
Site Plan
My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to
previotoly approved proffered conditions except as follows:
to 1.ornet inuildanx t tnu.chrntaat on A6. time..
This authorization shall aspire age year from the day it is signed .or until it is otherwise rescinded or
modified.
.1n witness thereo4 Iyy) have hereto (our) hand snd seal thisap day of NQJe nh-be zoo 9,
Notary Public
r-B NIC
State of Unginia, City/Comrty of let A n S IN To -wit
1, Sart21,a,/ e-n a Notary Public in and for the jurisdiction aforesaid, certify that the person(s)
who signed to the foregoing instrument and w ii to me, p lly appeared before
U and has aeknowledg the a a r n e b e f o r e me in t 'icn t said thi ay of N OBI 200
n Expires: JU,M ao c O I
&LIG
f igHis
garro
P ST H OF
y1
P
CHRISTOPHER D. FURSTENAU, L.S. PC
133 WEST BOSCAWEN STREET SUITE 2 WINCHESTER, VIRGINIA 22601
540 542 FAX 540 542 -1183 SERVICES @CDFSURVEVING.COM
4
-1164
MEMBER VIRGINIA ASSOCIATION OF SURVEYORS
CHRISTOPH R D. v
FURSTENAU
DATE: OCT. 24, 2007
THIS IS TO CERTIFY THAT ON OCTOBER
Lic. No. 2727
SCALE 1 60'
24, 2007 THAT I MADE AN ACCURATE
Gct1412
SURVEY OF THE PREMISES SHOWN
O�
TAX MAP: 32 A 68E
HEREON AND THAT THERE ARE NO
j 'o
EASEMENTS OR ENCROACHMENTS
W.O. 07 00 0224
SUR
VISIBLE ON THE GROUND OTHER THAN
THOSE SHOWN HEREON.
THIS LOT IS LOCATED IN HUD FLOOD HOUSE LOCATION SURVEY
ZONE C, AREA OF MINIMAL FLOODING LOT B
AS SCALED FROM FIRM MAP 510063
0075 B EFFECTIVE JULY 17, 1978 GARLAND R. FRYE JR.AND
SHARON A. FRYE DIVISION
DEED BOOK 781 PAGE 555
STONEWALL DISTRICT
2, FREDERICK COUNTY, VIRGINIA
c
0
70' PRIVATE
DRIVEWAY
POLE
IRS
t
0
WI.
N
0.6 MILES TO INIX
APPLE PIE RIDGE RD.
NO TITLE REPORT FURNISHED
POLE
11.2'
FENCE ENCR.
V0
O
propoSJ
614. Ckarow, Im
A
PORCH
/50
LOT B
2.3468 ACRES
MIL 4o Q..mu.. 44
ne-
Sw C
N 45'47'06 W 300.00'
KENNEL
WHITE HALL ROAD
30' PRESCRIPTIVE ESM'T
IRF
U
F-
0
IRFO POLE
20.0'
SELLER: RED APPLE GROUP LLC
REFERENCE: INST. 04 -22075
PURCHASER: WARD
RA RESIDENCE
I
DP'
_LOT I -B ADAMS 7 B5 �Q27 Q
5 53 °2 395 287.69'
IPF
i
FURSTIEN4W SIL
STEPHENS CITY, VIRGi
i 521'53'
93. 5
ql
ws 11 �C� L.
i I pr L I Opp y
1.
I qq JI 1Y
m; LOT B o ir,
q 1 i, 2.344:8 Is
RO' BRL 1
S
MP ,iy 300.00'
LOT A
REMAINING LAND.
5.3953 ACRES
I IP
I
N 45 "W 392.10'
ROUTE 671
30' PRESCRIPTIVE ESM'T
THIS LIED DOHS ROT TALL IN A BLOOD HAZARD TONE,
The fdormui,Menet private Ctivexmy L ml built needing to strut
mama of, and will cot be oudatabcd Fccd &Y the �f
Tr 'or Comity of
mater M" of said driveway Malabo IbeW nsiW
oc espoity of the owners
of toy which art provided wish wen Wa tha driveway. Said :hued
pr(vale'ddvewsp vin cot be canddacd for Inclus(m Into the state
uaW mss the m the applicable aansMoab= =abut a go Vugim Dcpartmem of maspwWlaa The cost of bdccieg aid
tiveways to acceptable sandvds ahal cot be borne by the Vbg ia,
DWanmmt of T i ortmlooam by Frederick County.
VIRCINI& FREDEFSCI< cctNT% VT.
This Inelru lk writirer. +.f
to ma on the
19
3196
50 8Ck
r
APP
D /F
'LOT C
3.4809 ACRES"
0 I
H I
LJQ
zo,0 92.10'• R= 367.
A =121.
Snared
Woowieckownt tMrela nneda ws
eemiEb w aoaa
u/'f
CLERK
If I
o °o_ 0
N
DDAMG 1" a 100'
I DwN. Olt
1
DAVID N. WRSISIW
NO. 14SS
a suR'
m
7
li DAM JULY 22,1992
2 OF 2.
I
WF
kr
s 134'42' 20"W
35.41'
FINAL PLAT
MINOR RURAL SURD VISION
OF THE LANG OF
GRRLR,.D R. FRYE JR.
RND
SHARON R. FRYE
STONEWALL OISTRICT
FREDERICK COUNTY. VIRGINIA
LOP D IB SO BS COPTS= TO JONIIIS I.
IRIS DANCEPLT.
WT 0 I8 TO NS CORIUM TO GARLAND S.
En III SON.
1
Printed On02007 By CHRISTOPHER 0 FL,ENAU L
04002207
THIS DEED made and dated this Z r of October, 2004, by and between
CHARLES L. SHIFFLETT, SR, hereinafter referred to as Grantors and RED APPLE
GROUP, L.L.C., a Virginia Limited Liability Company, hereinafter referred to as the
Grantee
8
Tax Map #32 -A-68E
WITNESSETH: That for and In consideration of the sum of Ten Dollars
0
cn
CD
s ($10.00), cash in hand paid, and other good and valuable consideration, the receipt of
which is hereby acknowledged, the Grantor does hereby grant, bargain, sell and
convey, with General Warranty and English Covenants of Title, unto the Grantee, in fee
simple, the following described tract of land located In the County of Frederick, Virginia
(the 'Property'):
All of that certain lot or parcel of land, together with all rights,
rights of way, privileges, improvements thereon and appurtenances
thereunto belonging, fronting the Northam side of Route 871 in
Stonewall Magisterial District, Frederick County, Virginia, and more
particularly described as Lot B, containing 2.3468 acres on Final
Plat, Minor Rural Subdivision of the Land of Garland R. Frye, Jr,
and Sharon A. Frye, prepared by David M. Furstenau, L.S., dated
July 22, 1992, of record in the Office of the Clerk of the Circuit
Court of Frederick County, Virginia, in Deed Book 781 at Page 55r
and by this reference made a part hereof as if set out in full; AND
BEING a portion of the real estate conveyed to Charles L. Sh'hett,
Sr. by deed dated October 31, 2003 from Gina Mary Ensogna, said
deed is of record in the aforesaid Clerk's Office as Instrument
#030025487.
Reference is here made to the aforesaid instruments and the attachments and
the references therein contained for a further and more particular description of the
property hereby conveyed.
Printed 0042007 By CHRISTOPHER D 1, ;TENAU L
This conveyance is made subject to all duly recorded and enforceable
restrictions, easements and rights of way.
WITNESS the following signature and seal:
Deed prepared by:
THOMAS M. DICKINSON, JR., ESQUIRE
THOMAS M. DICKINSON, JR., P.C.
102 -2 SOUTH KENT STREET
WINCHESTER, VIRGINIA 22601
A I MJ D SEAL)
C ARLES L. SHIFFL SR.
STATE OF VIRGINIA
CITY OF W; {Cr:ES ER, To -wit:
The foregoing instrument was acknowledged before me this ?!day of
October, 2004 by CHARLES L. SEIFFLE77, SR.
My Commission expires: q- 3d -0.f
VIRGINIA: FREDERICK COUNTY. SCr.
This instrument of writing was produced to me on
/o -4 -04'
and with certificate of acknowledgement thereto annexed
was admitted to record. T imposed by Sec. 58.1.802 of
y
5 and 581 -801 have been paid if assn.ay•