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Home My WebLink About01-06 ApplicationThis report is prepared by the Frederick County PlanningStaffto provide information to the Board of Zoning Appeals to assist them in making a decision on this request. It may also he useful to others interested in this zoning matter. LOCATION: Lake Serene, on Lake Serene Drive, Lot 36 MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER(S): 31B-1-36 PROPERTY ZONING USE: Zoned: RA (Rural Areas) Land Use: Vacant and Residential VARIANCE APPLICATION #01 -06 ROY GOTTSCHALK Staff Report for the Board of Zoning Appeals Prepared: March 6, 2006 Staff Contact: Bernard S. Suchicital, Planner I BOARD OF ZONING APPEALS HEARING DATE: February 21, 2006 Tabled March 21. 2006 Action Pending ADJOINING PROPERTY ZONING USE: North: RA (Rural Areas) Use: Lake South: RA (Rural Areas) Use: Common Land East: RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Residential VARIANCE REQUESTED: A 30.5' variance for both the left and right sides of the property. APPROtT 3 REASON FOR VARIANCE: The lot predates the current zoning ordinance with regards to RA setbacks and pres eats any new structure to be built. Variance Request #01 -06, Roy Gottschalk March 6, 2006 Page 2 STAFF COMMENTS: Frederick County adopted performance zoning in 1967. The Frederick County historical zoning map shows this 1.00 acre property was zoned A -1 (Agricultural Limited) in 1972. The property setback lines at the adoption of the zoning ordinance were 35' front and 15' sides. Frederick County amended its Ordinance in 1989 to change the rural zoning districts to the current RA (Rural Areas) Zoning District, making the current setbacks for the property 60' front, 50'rear and 50' sides. STAFF CONCLUSIONS FOR THE FEBRUARY 21, 2006 MEETING: The Code of Virginia, Section 15.2- 2309(2), states that no variance shall be authorized by the Board unless it finds that a) strict application of the Ordinance would produce an undue hardship; b) that such hardship is not shared generally by other properties in the same zoning district and the same vicinity; and, c) that the authorization of such variance will not be of substantial detriment to adjacent property, and that the character of the district will not be changed by the granting of the variance. As of the last public hearing held on February 21, 2006, the applicant was asked to reduce the amount of distance he was applying for, which was 35'. The applicant is now seeking a variance of 30.5' on the left and right sides of the property to build a residential structure of approximately 2,877.24 square feet in size. Should this variance be granted, the building setbacks for this property would be: 60' in the front, 50' in the back, and new side setbacks of 19.5'. 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. SUMMARY AND ACTION OF FEBRUARY 21, 2006 BZA MEETING: Mr. Rinker made a motion that this request be tabled until the March 21, 2006 meeting in order to see a plat where the house is rotated so the variance can be minimized. Mr. Perry seconded the motion and it passed unanimously. HENRY, TYLER CHRISTOPHER ETALS 31B 1 32 LAKE SERENE, INC 31rA j8 J 9 Applicstion Lakes/Ponds J' Streams Buildings Tanks 0 Parcels SWSA Map Features /'s/ Bridges /r/ Culverts Dams Retaining Walls Road Centerlines N N Trails ,s, Zoning Et (Business, Neighborhood District) MS (Mediae! Support District) B2 (Business, General District) 4 R4 (Residential, Planned Community District) B3 (Business, Industrial Transition District) 95 (Residential Recreational Community District) EM (Extractive Manufacturing District) s RA (RuralAreas District) HE(HIgher Education District) Q RP (Residential Performance District) M1 (Industrial, Light District) M2 (Industrial, General District) MH1 (Mobile Home Community District) N W`; E s 0 RIVERS, ELLEN 31 A 79 VAR #01 -06 Roy Gottschalk (31B -1 -36) 75 150 Feet 300 N EWLIN, JEFFREY K DESTINEYLE 31 A 81 Map Features Bridges /s../ Culverts Dams /V Retaining Walls Road Centerlines Trails UDA Zoning B1 (Business. Neighborhood District) MS (Medical Support District) Q B2 (Business. General District) 0 R4 (Residential, Planned Community District) 83 Business. Industrial Transition District) 55 (Residential Recreational Community District) EM (Extractive Manufacturing District) Q RA (RuralAreas District) HE (Higher Education District) O RP (Residential Performance District) MI (Industrial, Light District) Q M2 (Industrial, General District) N MH1 (Mobile Home Community District) s VAR #01 -06 Roy Gottschalk (31B -1 -36) 0 75 150 Feet 300 TELEPHONE:, yb Le (.47 a S (Q 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 (Check one) 2. APPLICANT: II OCCUPANT: (if different) NAME: '}207 GcE b ckl tL NAME: ADDRESS it )NS kCLFe S Q ✓Q ne Or. ADDRESS: Wlf1ches}e✓ V0.. as (903 TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): T2 f-o ki-, (,sy(M I G-0 ►o 1.o‘ ke s�. C(h4ke L.ct an lie- m•we Jl'to MgrQ Serene_ thc C;Ot t"hm€kJeL 5 S con, S r} G oa IS enk mt ircA 1 -,fvra1O.oV 4. The property has a road frontage of 18 ts 0 (feet and a depth of 3 8, S3 feet and consists of 1 acres (please be exact). y C✓ s 1,0 ed. I, 01 Page 5 of 9 LQ.�1- 5. The property is owned by K 07 G-045 5 C cd C as evidenced by deed from POST 1- t s (ram(' recorded (previous owner) in deed book no. 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: (1u 16, s h J o >v 7. Property Identification No.: 3 lb- 1- 3 8. The existing zoning of the property is: O j 2, 9. The existing use of the property is: n04- (.e U e' o Pe A 10. Adjoining Property: USE ZONING North 1--u l(e Sec en e(rz,ide f r i cu-1-0 �Ql East Res+den1-ia( 1 South taes.;dP 1Jr,I West R0-4deflfw`ul q,y, colloial 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. /7 /4/7 /z r "r /Gr/T s „_)e 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 LoI S nkfroy) {.e i- (t he t Mae-3 4 s vylposs \ole 4 COCA t/J 04. Se-4 C>.k tso (—ie nl5 (ate ertk ter (o ro p4r4r i h avco, A+4.t, Pau; 1 Case,/ 3 a Page 6 of 9 p re s4 a T. l -94etf Jr, Address S`le Met j /VICO 3 1,in W /IQ Vh. 429Qol Property ID 31 1 R„ jj 4 IU111✓tj G e .l s c L c l u— Address Li a_ L af1e_ Se✓e Or Property ID# 3 g_ I 3S I,f.�Q SereYO e Tuc. c'o k P0. R \Nod e1 Address i �a�� e �y. rssl V4 2a4 Property ID 3 1-g- 1 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 s 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 .50 0 0 E$f t}rocto 0 4; 0 02 o 'r o ti 3:- t:3 6E.OE S LL 60Z a an a .9 A S r s egon:_ P ti Y O 9N V�tl3 N10 y_ Z H tl]Nlo 9Sm 0 ;"-r tl`' 03 EO,IZ.92NE5Z aNV, H lNs P o ;c 0 A 2 W -4' i``.o i\ n o i .3 „LE, E bb' W` •ere, LI.06Z r1 d '290 'b „92,L2.IEN r O 3, t <a L\ N SW T„1 d o ,e,, 29SI'_^ Cr- 4, N 1” 3N N 4yrr s°' hb, J 0 0 a Q W z 0 m 4eaHrro n T r N m Dm 4aA P� Q 9 iN 2 s 6. q ry 'N_ts /49��0ry0 S j.h 6 9'86 4 m Qb M1 6 1 'LB4 �9 A1 9i31,BE5 3 'C': :49' I N d Q0 Lei b 9e4'�” r N L S94.M_ mN B B'6 -c9N Fd �3 „Z 92 ?,91,F F,645 FNE M Y a N N M, E ,ZE.0 25 N 3.Lb,S0 BS5 N H O i N '044 66'IS 1yfZ5-42 �jO 3 „Bi,S0,b5 0 d N �d N I O �y d 3 4 i� 56 0d /N 14 E W a_ q at 5 J y d a p o O d c a ul o 0,0 al s d edr3,91 Sl,Ebu .9L'9LEMsZEFI•ZES_ p N m pa' 0 O .40. •s WVO_, WVQObbSL. pc) N O J� 3 0 3 ED,LO ZE N 6 1 0 5 0 a 0 O m J w 0 a 0 L 0 N /RF NOTES: ID 7051 —KB FLOOD NO E: ZONE: C COMMUNITY NO.: 510063 PANEL: 0105 B DATE: 07 -17 -78 LOT 35 E/ A0 9 V S 4800'12" W 121.12 LAKE SERENE DRIVE LOT 36 33,106 SO. FT. 64.94 IRE S 48:37:78 W PLAT SHOWING LOCA OF PROPOSED HOUSE LOT .36 LAKE SERENE LAKE SERENE DRIVE GA/NESBORO MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA NOVEMBER 9, 2005 RENSED: DECEMBER 14, 2005 6 62• PROPOSED DRAINFIELD SITE 4 ti 9.6 /RF LAKE SERENE N 34 00.p0 /RF 05 �ea! i PROPOSED WELL SITE offset 5.4' LOT 37 GRAPHIC SCALE 50 0 25 50 LEGEND IRE IRON ROD FOUND 7. NO TITLE REPORT FURNISHED. d Q 2 PROPERTY /DENTIF /CA 770N NO. 318 -1 -36 1 inch 50 ft. 3 EASEMENTS MAY EX /ST THAT ARE NOT SHOWN ON THIS PLAT. 4. THE BOUNDARY INFORMATION SHOWN HEREON /5 BASED ON AN ACTUAL FIELD RUN SURVEY MADE ON JUNE 16, 2005 ORIENTED TO A PLAT DATED JULY 9, 1969 BY LEE A. EBERT, C.L.S. 100 M ARSH L 1 G G I h 560 NORTH f W N HESTER, VIRGINIA Land Surveyors, P. L. C. PHONE FAX (540) 667 -0469 ORIGINAL REQUEST IRF FLOOD NOTE ZONE: C COMMUNITY NO.: 510063 PANEL: 0105 B DAIS 07 -17 -78 0 LOT 35 V Cr y .7 5 0 LOT 36 r 33 106 SO. FT. s "A PROPOSED DRAINFIELD SITE S 48770'12” W 121.12' IR LAKE SERENE DRIVE S 483738" W RF LAKE SERENE LOT 37 LEGEND /RF IRON R00 FOUND GRAPHIC SCALE NOTES.: 50 o 25 50 1. NO 17RE REPORT FURNISHED. V a 2. PROPERTY /DEN77F7CA170N N0. 31B -1 -36 1 inch 50 ft. 3. EASEMEN75 MAY EXIST MAT ARE NOT SHOWN ON 1H /S PLAT 4. THE BOUNDARY INFORMA170N SHOWN HEREON /5 BASED ON AN ACTUAL F7ELD RUN SURVEY MADE ON JUNE 16, 2005 ORIENTED TO A PLAT DATED JULY 9, 1969 BY LEE A. EBERT, C.L.S. 100 ID 7051 PROPOSED HOUSE PLAT SHOWING LOCA170N OF PROPOSED HOUSE LOT 36 LAKE SERENE LAKE SERENE DRIVE GA/NESBORO MAGISTERIAL D/SmICT FREDERICK COUNTY, VIRGINIA FEBRUARY 27 2006 REVISED: DECEMBER 14, 2005 REVISED: FEBRUARY 28, 2006 MARSH LEGGE 560 NORTH LOUDOUN STREET WINCHESTER, VIRGINIA 22601 Land Surveyors, P.L.C. PHONE AX (540) 667 -0469 NEW REQUEST Frederick County Department of Geographic Information Systems County Boundary Taxmaps n Par_tax frcdariek vasid http: /gis.co. frederick. va. us /Freeance /Client/PublicAccess 1 /printFrame.html Page 1 of Disclaimer: Frederick County does not give any expressed or implied warranties, conditions, representations, indemnities of any kind, statutory or otherwise, concerning any or all of the Frederick County GIS data. Frederick County GIS data is a "work in progress" and is provided as is, with all its faults. For questions about the website or mapping please contact the Dept. of GIS at 540- 665 -5614. For questions on the Tax database please contact the Commissioner of Revenue at 540- 665 -6358 10/7/2005 DENIAL SIGNATURE OF OWNER BZA PUBLIC HEARING OF AGREEMENT VARIANCE 6/ 0 (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. 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 Qobdah) DATE Y Ob (if other than applicant) OFFICE USE ONLY- oi/mi1/ DATE- DATE: Page 9 of 9 ACTION: DATE 42 I /b( AC-i /o AL 62 C 14-tR'IA APPROVAL SIGN BZA HAIRMAN /RF FLOOD NOTE: ZONE: C COMMUNITY NO.: 510063 PANEL: 0105 B DATE: 07 -17 -78 NOTES: 94 465_ sac, H- 50 0 1. NO TITLE REPORT FURNISHED. Li_ fly L 2. PROPERTY /DEN77F /CA AON NO. 31B -1 -36 3. EASEMENTS MA Y EXIST THAT ARE NOT SHOWN ON TH /S PLAT. 4. THE BOUNDARY INFORMA?70N SHOWN HEREON IS BASED ON AN ACTUAL FIELD RUN SURVEY MADE ON JUNE 16, 2005 ORIENTED TO A PLAT DATED JULY 9, 1969 BY LEE A. EBERT, C.L.S. ID 7051 PROPOSED HOUSE ski:A LOT 35 1y9R/ S 48'00'17 W 121.12' IR LOT 36 33,106 S0. FT. ,2,. /tea PROPOSED DRAINF1ELD SITE �Q,/ 6 LAKE SERENE DRIVE PLAT SHOWING LOCATION OF PROPOSED HOUSE LOT 36 LAKE SERENE LAKE SERENE DRIVE GA /NESBORO MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA FEBRUARY 27, 2006 REVISED: DECEMBER 14, 2005 REVISED: FEBRUARY 28, 2006 6' �r /RF MARSH LEGGE LAKE SERENE /RF N 54 34. 1 5 '0 PROPOSED WELL SITE offset 5.4' LEGEND /RF IRON ROD FOUND GRAPHIC SCALE inch 25 50 50 ft. 10 6g 4 LOT 37 560 NORTH LOUDOUN STREET WINCHESTER, VIRGINIA 22601 Land Surveyors, P. L. C. PHONE FAX (540) 667 -0469 100 February 22, 2006 Mr. Roy Gottschalk 425 Lake Serene Dr. Winchester, VA 22603 RE: VARIANCE REQUEST #01 -06 Dear Mr. Gottschalk: The above referenced application was tabled by the Board of Zoning Appeals at their meeting on February 21, 2006. Your request on parcel bearing Property Identification Number 31B -1 -36 was for a 35' variance for both the left and right sides of the property. The Board has requested that you resubmit a plat showing the house footprint centered in the middle of the property, thereby requiring a lesser setback adjustment. Your variance request has been rescheduled for the March 21, 2006 Board of Zoning Appeals meeting. If you have any questions regarding this action, please feel free to call this office. Mark R. Cheran Zoning and Subdivision Administrator MRC/bhd cc: Jane Anderson, Real Estate John Trenary, Inspections 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540/665 -6395 PROPERTY ZONING USE: Zoned: RA (Rural Areas) Land Use: Vacant and Residential VARIANCE APPLICATION #01 -06 ROY GOTTSCHALK Staff Report for the Board of Zoning Appeals Prepared: February 20, 2006 Staff Contact: Bemard S. Suchicital. 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: February 21, 2006 Action Pending VW-a LOCATION: Lake Serene, on Lake Serene Drive, Lot 36 MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER(S): 31B-1-36 ADJOINING PROPERTY ZONING USE: North: RA (Rural Areas) Use: Lake South: RA (Rural Areas) Use: Common Land East: RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Residential VARIANCE REQUESTED: A 35' variance for both the left and right sides of the property. REASON FOR VARIANCE: The lot predates the current zoning ordinance with regards to RA setbacks and prevents any new structure to be built. Variance Request #01 -06, Roy Gottschalk February 20, 2006 Page 2 STAFF COMMENTS: Frederick County adopted performance zoning in 1967. The Frederick County historical zoning map shows this 1.00 acre property was zoned A -1 (Agricultural Limited) in 1972. The property setback lines at the adoption of the zoning ordinance were 35' front and 15' sides. Frederick County amended its Ordinance in 1989 to change the rural zoning districts to the current RA (Rural Areas) Zoning District, making the current setbacks for the property 60' front, 50'rear and 50' sides. STAFF CONCLUSIONS FOR THE FEBRUARY 21, 2006 MEETING: The Code of Virginia, Section 15.2- 2309(2), states that no variance shall be authorized by the Board unless it finds that a) strict application of the Ordinance would produce an undue hardship; b) that such hardship is not shared generally by other properties in the same zoning district and the same vicinity; and, c) that the authorization of such variance will not be of substantial detriment to adjacent property, and that the character of the district will not be changed by the granting of the variance. The applicant is seeking a variance of 35' on the left and right sides of the property to build residential structure of approximately 2,877.24 square feet in size. Should this variance be granted, the building setbacks for this property would be: 60' in the front, 50' in the back, and would change to 15' on the sides. 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.