HomeMy WebLinkAbout02-06 ApplicationThis report is prepared by the Frederick County PlanningStcffto 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:
March 21, 2006 Action Tabled
April 18, 2006 Action Pending
LOCATION: 1008 Back Mountain Road (Route 614)
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER(S): 39 -A -82
PROPERTY ZONING USE: Zoned: RA (Rural Areas)
Land Use: Residential
ADJOINING PROPERTY ZONING USE:
North: RA (Rural Areas)
South: RA (Rural Areas)
East: RA (Rural Areas)
West: RA (Rural Areas)
VARIANCE REQUESTED:
REASON FOR VARIANCE: Narrowness
VARIANCE APPLICATION #02 -06
DONALD HALEY
Staff Report for the Board of Zoning Appeals
Prepared: April 10, 2006
Staff Contact: Kevin T. Henry. Planning Technician
Use:
Use:
Agricultural
Residential
Use: Agricultural
Use: Agricultural
A 33' southern side yard variance and an 81' northern side
yard variance, resulting in a 17' southern side yard setback
and a 19' northern side yard setback.
Variance Request #02 -06, Donald Haley
April 10, 2006
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' for the fronts (any time property faces a road) and 15' for the side
yards. 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'
to the Southern side and 100' to the Northern side, in which the adjoining property is used
agriculturally. This property is unique in that it has two front yards because of the existing road
location.
Frederick County zoning requires a 100' setback for any dwelling adjoining a lot which provides an
agricultural land use. The proposal for an 81' variance on the North boundary would be a drastic
decrease from the required setback.
STAFF CONCLUSIONS FOR THE APRIL 18, 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 33' on the southern side and 81' from the northern side to
replace an existing mobile home. Should this variance be granted, the building setbacks for this
property would be: 60' for each of the front yards (road frontage), and would change to a 17'
southern side yard setback, and 19' northern side yard setback. 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 MARCH 21, 2006 BZA MEETING: Mr. Perry made a motion
that this request be tabled until they have sufficient information required to grant the variance that is
needed. Mr. Rinker seconded the motion and it passed unanimously.
Map Features
BAppllcation B Bridges
Culverts
L keslPOnds /A/ Dams
.Mry Streams /b,/ Retaining Walls
gail Buildings Road Centerlines
Tanks ^I
Parcels
Trails
0 %NSA UDA
Zoning
B1 (Business, Neighborhood District) MS (Medical Support District)
4;7
82 (Business, General D R4 (Residential, Planed Community District)
B3 (Business, Industrial Transition District) R5 (Residential Recreational Community District)
EM IExlreclive Manufacturing District) 0 RA (Rural Areas District)
HE (Higher Education District) Q RP (Residential Performance District)
M1 (Industrial, Light District)
Q M2 (Industrial, General District)
MH1 (Mobile Home Community District)
w
N
A
1 4*,
s
VAR 02 06
Donald Haley
(39 -A -82)
0 75 150 300
Feet
B Application
Lakes/Ponds
S%. Streams
V Buildings
Tanks
O Parcels
O SWSA
Map Features
Bddgos
Culverts
Ade Dams
Retaining Walls
Road Centerlines
N
t \i Trails
4r*r. UDA
Zoning
131 (Business, Neighborhood District) 4 MS (Medical Support District)
82 (Business, General District) R4 (Residential, Planned Community District)
83 (Business, Industrial Transition District) 41 R5 (Residential Re Cleadona! Community District)
EM (Extractive Manufacturing District) Q RA (Rural Areas District)
HE (Higher Education District) Q RP (Residential Performance District)
MI (Industrial, Light District)
M2 (Industrial, General District)
MH1 (Mobile Home Community District)
W
N
al �i
S
G
VAR �2 06
Donald Haley
(39 -A -82)
0 75 150 300
Feet
A *c -0
OCT 1 9 2005
APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA MTG. o x/ L
M Tom.
OF 3 /z I off -rime
MUST BE TYPED OR FILLED OUT IN INK PLEASE PRINT
1. The applicant is the owner other (Check one)
OCCUPANT: (if different)
2. APPLICANT:
NAME: ►.,d e a d- NAME:
R tt, o' AYl 4-Ed a
ADDRESS nt&a ADDRESS:
TELEPHONE: ..6 W17- A7(71 TELEPHONE:
3. The property is located at (give exact directions and include State Route numbers):
r
2ootv_ A 1.9 Per °pry onl
4. The property has a road frontage of I oo feet and a depth of 6 4-2 feet
and consists of 1. 4a acres (please be exact).
Page 5 of 9
5. The property is owned by "Do rJa- d L {�-1 p fl i Estho m tI4 y as evidenced
by deed fro 1j j S M`e&d (previous owner) in deed book
no. 947 on page Sisk of the deed books of the Clerk of the Court for
Frederick County. Please attach a copy of the recorded deed.
6. Magisterial District: d �aL
7. Property Identification No.: 3 9 l4
8. The existing zoning of the property is: ?/1
9. The existing use of the property is: ?,e
10. Adjoining Property:
USE
North age
East LZ e„
South Re.S d Nrt
West 0,
ZONING
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.
tdoft .c,✓ 4.60 as» PPPQAty
;tom 5 Lye- c. la tiaose t�
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 of
property, or
the use or development of property immediately adjacent thereto
Page 6 of 9
13. Additional comments, if any:
NAME
Page 7 of 9
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:
LO P+9-s) Q Lo w S eve
t el
Address (0 /4 Y L.}-1L C -wx-# c nni
Property ID cl 4
r e f t .X
Address P 9 3 c S o Lc Lei`" fits 3 r ukkaypcd
Property ID# 39,470
Dm
'Address (b 54Q'- Red 4 ^..c.
Property ID 39-4_ `Z.1
7njg(i -K Si,. t
Address. 3 1 P ratg ha a
Property ID 3 9 4 2c
'yv\ L (a y S Th
Address 3 5' —1 7(
Property ID 3 4— ti l ,b
Address
Property ID
Address
Property ID
Address
13uperty ID
13. Additional comments, if any:
NAME
Page 7 of 9
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:
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
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PROJECT #995173
AGREEMENT
VARIANCE 6-2 —0 C
(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 b a
DATE /6
SIGNATURE OF OWNER hazzo -SC DATE /6
(if other than appli
OFFICE USE ONLY..
i it) f APPROVAL I SIGNE
ILLOLL
DENIAL DATE:
Page 9 of 9
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BZA PUBLIC HEARING OF r led°6. ACTION:
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REBAR FOUND UNLESS OTHERWISE NOTED
March 22, 2006
Mr. Donald Haley
1008 Back Mountain Rd.
Winchester, VA 22602
RE: VARIANCE REQUEST #02 -06
Dear Mr. Haley:
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 39 -A -82 was
for a 40' southern side yard variance and a 90' northern side yard variance. The Board has
requested that you submit a stakeout survey showing the house footprint on the plat. Your
variance request has been rescheduled for the April 18, 2006 Board of Zoning Appeals meeting.
If you have any questions regarding this action, please feel free to call this office.
Sincerely,
MRC/bhd
ark R. Ch ran
Zoning and Subdivision Administrator
cc: Jane Anderson, Real Estate
John Trenary, Inspections
Department
of Pfai
107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000
CO FREDERICK
i (4nd;itapment
540/665 -5651
FAX: 540 /665 -6395
REASON FOR VARIANCE: Narrowness
VARIANCE APPLICATION #02 -06
DONALD HALEY
Staff Report for the Board of Zoning Appeals
Prepared: February 28, 2006
Staff Contact: Kevin T. Henry, Planning Technician,
This report is prepared by the Frederick County PlanningSiaffto provide information to the Board
of Zoning Appeals to assist them in making a decision on this request. it may also be usefid to
others interested in this zoning mailer.
BOARD OF ZONING APPEALS HEARING DATE:
March 21. 2006 Action Pending 7 481_6b
LOCATION: 1008 Back Mountain Road (Route 614)
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER(S): 39 -A -82
PROPERTY ZONING USE: Zoned: RA (Rural Areas)
Land Use: Residential
ADJOINING PROPERTY ZONING USE:
North: RA (Rural Areas) Use: Agricultural
South: RA (Rural Areas) Use: Residential
East: RA (Rural Areas) Use: Agricultural
West: RA (Rural Areas) Use: Agricultural
VARIANCE REQUESTED: A 40' southern side yard variance and a 90' northern yard
variance, resulting in 10' side yard setbacks.
Variance Request #02 -06, Donald Haley
February 28, 2006
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' for the fronts (any time property faces a road) and 15' for the side
yards. 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'
to the Southern side and 100' to the Northern side, in which the adjoining property is used
agriculturally. This property is unique in that it has two front yards because of the existing road
location.
Frederick County zoning requires a 100' setback for any dwelling adjoining a lot which provides an
agricultural land use. The proposal for a 90' variance on the North boundary would be a drastic
decrease from the required setback.
STAFF CONCLUSIONS FOR THE MARCH 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 40' on the southern side and 90' from the northern side to
replace an existing mobile home. Should this variance be granted, the building setbacks for this
property would be: 60' for each of the front yards (road frontage), and would change to 10' 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.
CLOWSER
39 A 84A
HARBAUGH
39 A 84
Map Features
Bridges
/N/ Culverts
Lakes/Ponds Dams
+5a� Streams Retaining Walls
mares Road Centerlines
Tanks NI
O Parcels Trails
O SWSA 4p UDA
Zoning
M1 (Industrial, Light District)
1 M2(Indus3ial, General District)
MH1 (Mobile Home Community District)
B1 (Business, Neighborhood District) MS (Medical Support District)
82 (Business, General District) R4 (Residential, Planned Community District)
83 (Business, Industrial Transition District) R5 (Residential Recreational Community District)
EM (Extractive Manufacturing District) Q RA (Rural Areas District)
FIE (Higher Education District) O RP SResidentiel Pe3urmance District)
N
S
Feet
VAR 25 05
Donald Haley
(39 -A -82)
0 75 150 300
HAGGERTY
39 A 72
CLOWSER
39 A 85'
S ApP4cetion
Lakes/Ponds
•as.. Streams
Egi Buildings
Tanis
O Parcels
0 SWSA
Map Features
Bridges
Culverts
N Dams
Retaining Walls
Road Centerlines
N
Trails
doN, UDA
Zoning
1 81 (Business, Neighborhood District) MS (Medical Support District)
B2 (Business, General District) 84 (Residential, Planned Community District)
B3 (Business, Industrial Transition District) R5 (Residential Recreational Community District)
EM (Extractive Manufacturing District) Q RA (Rural Areas District)
HE (Higher Education District) Q RP (Residential Performance District)
All (Industrial, Light District)
M2 (Industrial, General District)
MH1 (Mobile Home Community District)
N
rh
S
VAR 25 05
Donald Haley
(39 -A -82)
0 75 150
Feet
300
HAGGER
TY
1 A
1
4
F<,
r
CLOWSER
39 A 84A
HARBAUGH
39 A 54
8 Applim9on
Lakes/Ponds
d' Streams
Buildings
1. Tanks
0 Parcels
0 BWSA
Map Features
Bridges
'Ai/ Culverts
A, Dams
,.l Retaining Walls
Road Centerlines
N
TrsiIs
UDA
0
0
Zoning
HE (Higher Education District)
M1 (Industrial, light District)
M2 (Industrial, General District)
MH1 (Mobile Home Community District)
W
B1 (Business, Neighborhood District) MS (Medical Support Disbkt)
B2 (Business, General Disbict) R4 (Residential, Planned Community District)
B3 (Business, Industrial Transition District) 95 (Residential Recreational Community District)
EM (Extractive Manufacturing District) O RA (Rural Areas Diebict)
O RP (Residential Performance District)
N
A
S
E
VAR #25 -05
Donald Haley
(39 -A -82)
0 75 150 300
Feet
HAGGERTY
39 A 72
Map Features
Bridges
e Applicadon
Culverts
Lakes/Ponds
Streams Retaining was
Doillmirs Road Centerlines
E l Tanks
Partels Trails
0 SWSA •UDA
Zoning
Of B1 (Business. Neighborhood District) MS (Medical Support District)
B2 (Business, General District) R4 (Residential, Planned Community District)
B3 (Business, Industrial Transition District) 55 (Residential Recreational Community District)
EM (Extractive Manufacturing District) 0. RA (Rural Areas District)
HE (Higher Education District) RP f Residenbal Performance DisIncII
MI (Industrial, Light DisIrlet)
M2 (Industrial. General District)
MHI (Mobile Home Community District)
w
N
41 v■
NOP'
s
AR 25 05
Donald Haley
39 -A- 82
0 75 150 300
Feet
CLOWSER
39 A 84A
9 Ap 8ication
Lakes/Ponds
•rv.— Streams
:i Bwldings
Tanks
O Parcels
O SWSA
Map Features
N Bridges
/‘S./ Culverts
O.V Dams
Retaining Walls
Road Centerlines
'\i Trails
UDA
Zoning
BI (Business, Neighborhood District) M5 (Medical Support District)
Q B2 (Business, General District) R4 (Residential, Planned Community District)
83 (Business, Industrial Transition District) 95 (Residential Recreational Community District)
EM (Extractive Manufacturing District) Q RA (Rural Areas District)
HE (Higher Education District) Q RP (Residential Performance District)
M1 (Industrial, Light District)
M2 Industril, General District)
MHI (Mobile Home Community District)
W
N
s
VAR 02 06
Donald Haley
(39 -A -82)
0 75 150 300
Feet
0
D 4plication
Lsles1Ponds
+M4 Streams
Buiklings
Tanks
O Parcels
O SWSA
Map Features
Badges
/'s/ Culverts
Dams
Retaining Wells
Road Centerlines
Ao/
\i Trails
UDA
Zoning
BI (Business, Neighborhood District)
B2 (Business, General District)
133 (Business, Industrial Transition District)
EM (Extractive Manufacturing District) 0
HE (Higher Education District) Q
MI (Industrial, Light District)
M2 (Industrial, General District)
MHI (Mobile Horne Community District)
MS (Medical Support District)
R4 (Residents', Planned Community District)
R5 (Residential Recreational Community District)
RA (Rural Areas District)
RP (Residential Performance District)
N
s
E
VAR 02 06
Donald Haley
(39 -A -82)
0 I 75 150
Feet
300
February 22, 2006
Mr: Donald Haley
1008 Back Mountain Road
Winchester. VA 22602
RE: VARIANCE REQUEST #25-05
Dear Mr. Haley:
This letter is to confirm that the above- referenced variance application was denied by the Board
of Zoning Appeals at their meeting on February 21, 2006 because the variance sign was not
posted one week prior to this meeting. Your request was for a 40' side yard variance, on both
sides, on parcel bearing Property Identification Number 39 -A -82. The property is located at
1008 Back Mountain Road (Route 614), in the Back Creek Magisterial District.
The decision of the Board of Zoning Appeals may be appealed to the Circuit Court of Frederick
County within 30 days of the Board's decision. If you have any questions regarding this action,
please feel free to call this office.
If you have any questions, please feel free to call this office.
Sincerely,
z
ark R
eran
Zoning and Subdivision Administrator
MRC/bhd
107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000
COUNTY of FREDERICK
Department of Planning and Development
540/665 -5651
FAX: 5401665 -6395