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Home My WebLink About25-07 Comments 2FAX TRANSMISSION TO: 1 7 Onn)e &d ✓c COMPANY: l 1c4 pplega t FAX a— 31c COUNTY of FREDERICK Department of Planning and Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 Telephone: 540/665 -5651 FAX: 540/665 -6395 Date: Number of Pages (including cover sheet) 5 Remarks: From the desk of: Date Time Destination Dec. 12. 1:55PM Immediate TX Result Report Dec. 12. 2007 1:56PM )xxx Fax Header) File Mode TXtime Page Result User Name No. 5406623192 G3TES) 043' P. 5 OK 7091 Batch M Memory L Send later Forwarding E ECM S Standard D De ail F F ne Reduction LAN —Fax Delivery O RX Notice Req. A RX Notice December 4, 2007 NOTIFICATION OF PUBLIC HEARING TO: THE APPLICANT(S) AND /OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #25 -07 OF RED APPLE GROUP COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540/665-6395 On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, December 18, 2007, at 3:25 p.m., in the Board Room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This is a public hearing to consider the following application: Variance Request #25 -07 of Red Apple Group, for a 30 foot left side yard variance, resulting in a left side yard setback of 20 feet. This property is located at 277 White Hall Road (Route 671), and is identified by Property Identification Number 32- A -68E, in the Stonewall Magisterial District. Any interested parties may attend this hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, Mark R. Cheran Zoning Administrator MRC/bhd 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia- /1/` °7 32 A- 68 -E RED APPLE GROUP LLC 277 WHITE HALL RD WINCHESTER VA 32 A- 68 -C MILLER E CHRISTIAN 261 WHITE HALL RD WINCHESTER VA 22603 -2752 32 A- 63 -A TRAMMELL LAWRENCE R. JR. 260 WHITE HALL RD WINCHESTER VA. 226032749 32 A- 68 -D PRICE DONALD E PRICE NANCY L 263 WHITE HALL RD WINCHESTER VA 32 -A- 6B -B FRYE TERRY L DAWN P 271 WHITE HALL RD WINCHESTER VA 22603-2752 STATE OF VIRGINIA COUNTY OF FREDERICK I, 4� /A �A,�M a Notary Public in and for the State and County aforesaid, do! ereby certify that M. k R. Cheran, Zoning Subdivision Administrator for the Depart eny of Planning and Development, whose name is signed to the foregoing, dated /a 07 has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this of My commission expires on 22603 -2752 22603 -2752 BEVERLY H. DELLINGER NOT,4RY ID 331878 H PUBLIC ;.WEALTH OF VIRGINIA ^..N EXPIRES JULY 31, 2011 Cheran, Zoning Subdivision Administrator Frederick County Planning Department t 2/, 32 A- 68 -F NEAL JARED T NEAL KATHRYN E 313 WHITE HALL RD WINCHESTER VA 22603.2753 32 A- 63- HALL MARK R KELLI E 170 FARRIS LN WINCHESTER VA d& a NOTARY P i BLIC 22603.2717 VARIANCE 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 of 30 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.