HomeMy WebLinkAbout07-06 ApplicationLOCATION: Bethel Grange Road (Route 630), Lot 153
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER(S): 41 -A -153
PROPERTY ZONING USE:
Zoned: RA (Rural Areas)
Land Use: Vacant and Residential
VARIANCE APPLICATION #07 -06
ELIZABETH ANN COOK
Staff Report for the Board of Zoning Appeals
Prepared: June 7, 2006
Staff Contact: Kevin T. Henry, Planning Technician
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:
May 16, 2006 Postponed
June 20, 2006 Pending
ADJOINING PROPERTY ZONING USE:
North: MH1 (Mobile Home Community) Use: Residential
South: RA (Rural Areas) Use: Vacant
East: RA (Rural Areas) Use: Residential
West: RA (Rural Areas) Use: Vacant
VARIANCE REQUESTED:
A 35' side variance on the eastern side and 9' variance on the western side 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 #07 -06, Elizabeth Ann Cook
May 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 MAY 16, 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 eastern side yard and a variance of 9' from the
western side yard of the property, to build a residential structure of approximately 1,848 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 eastern side and 41' on the western side yards.
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.
Ai 3 BI
4N0110W0E14, AMBER
A 138
011. ZENITH P
41 A 135
OLD BETHEL CHURCH HALL 8
dt A 139
MARSPALL, JASON
Map features
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w Road Centerlines
AI
�nm
O e"a^ �ti aw
11 A 134
CROSS, SHERRY
51 (BUelnea a, Neighborhood D1010 MS (Medical Support District)
82 (Business, General Dkld.O Rd Residential, Pre nned Community Dl5Dk
E3 (Business, InduaWal Transition District) R5(ReaIden*al Recreational Connan5y Wb1O
EM (Extractive Manufacturing 08h140 Q RA (Rural Areas Dlsldd)
HE (Higher Edu.11en Distdd) Q RP (Residential Performance Nelda)
PM (rrduatrtal, LlgM District)
Or M2 (industrial, General Dutrkt)
Mil 1 (Mobile Home Community Dieblc0
VAR 07 06
Elizabeth Ann Cook
(41 -A -153)
41 A 158
JUAREZ, JOSE 8AN70S 8 FLORIDA
50 100 200
Feet
41 A 1558
LEWIS, CARL H. FRANCES
41.0 114
MYERS, JAMES Er 8 PAYEE
41 A 151
BARER. ROGER W 8 ANN
41 A 155
LEWIS, CARL N 8 FRANC(
A 13
V1O11.2ENITH P,
1 .41 A 154'. j
SIMMONS. CHESTER W
41 A�.
FIJ4 SHIRLEY M
41 A 1510
AIILSURII, SC07 Ad DELORE0
CFA RLAN0. 4011840 EOOENE d R JEAN
41 A 1554
SAY(LL!BRIAN9K'JESSER y,
41 A 155
JU4R JOSE SANTOS F0001001
LEWIS, CAR H' S f
41 31 01
AN D.BOWOEN, AMBER J...
:1.411. A „135
0L08F1NFL CHURCH HALL
MARSHALL, JASON S.
A 01044
I: A�f
,R055�SHERRYS�
u
41 A 124
NITERS. JAMES E. d FAO
04106.8000005 ANN
41 A l03
LEWIS, CAM_ Ii5 FRANCE
Map Fe4Nrta
m
salaam Na
Rose centerlines
tie
Ire^
81 (Business. Neighborhood Dlstriop MS (Medical Support District)
82 (Business, General District) R4 (Residential, Planned Community District)
83 (Business. Industrial Transition Cistdd) 05 (Residential ROCraatlonal Community District)
EM (Extractive Manufacturing District) RA (RU rat Areas District)
HE (Higher Education District) RP (Residential Perfmmance District)
M1 (Industrial, Light District)
M2 (Industrial. General District)
MI-II (Mobile Home Community District)
VAR #07 -06
Elizabeth Ann Cook
(41 -A -153)
50 100 250
Peel
2. APPLICANT:
IC «rota /y
ADDRESS 131 Rock For P4.
Clear brook_
TELEPHONE: 510 to 6 7- 7(
APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
MUST BE TYPED OR FILLED OUT IN INK PLEASE PRINT t
0; 6y' Confra
1. The applicant is the owner other (Check one)
OCCUPANT: (if different)
NAME: 61: za Lei L Ann Coo Ic NAME:
3. The property is located at (give exact directions and include State Route numbers):
$4 4 -4 107 Al. jjen�- Si jo norT11 O.l ,4 /pS to l co ch
r /e �1 0n'o r. c d :l1 54� 50 o..3 M. -e /Lerl rifllz 0n 7 1 0
F4'rAg Ave /o -Szz, 4 -Po 140 US 5z2 Al 2_,3 ••r:45
o J-ncl:on
ADDRESS:
TELEPHONE:
r
11
Mit L 2
Id 011.k) 2d 50 1, 3 n+; k> /urn t.)h$ en
(✓larplc gG. 0.3 r+:t+s %ur /e -1- c.ik -o Se Grc Se Rd t'7o 0.5
t+o Iaf 53 PrO Pcr� s o4 r. S h S Redly 5 S ;n yura r.'
4. The property has a road frontage of I tt, (07 feet and a depth of 2-39,0 feet
and consists of 67 acres (please be exact).
Page 5 of 9
5. The property is owned by An n a V-
by deed from Annq E. r: xZ
book no. 35'3 on page 4 '164'
oW
Court for Frederick County. Please attach
6. Magisterial District: Z
7. Property Identification No.: Hl A' 1 5 3
8. The existing zoning of the property is: e-A
9. The existing use of the property is: Va CQ'
10. Adjoining Property:
USE f
North ("lob :le
East 9 "5
South
West
ttgc-44+
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 35 :de Va r %a ce e.a eas-'t 57 de )-c properl
oust wokicL be 6 /u4+ed
tAt ho cb as evidenced
recorded (previous owner) in deed
of the deed books of the Clerk of the
a copy of the recorded deed.
ZONING
2 A
f
K
/:A-
-Pr OH ptoper/y
12. List specific reason(s) why the variance is being sought in terms of:
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
hocks Ore 5o' fro .t S;cle. 4 rear. yro fier 7:n es F
_f Fr 0 04 CQaad) Kl h;eh o,'7 /y t4Je3 2-2- Z- .v, 1 -4 c M C/ d
p ro p er t y 4+ousz Li ;11 be GG' I /o ?y I w e wo.. /d is /cam
have h..v.ke -Pron+ '9aciry road, s5 dra;,, 4'; et c/ t-u;
b e 4-.,00 Y C Qr Of r'"r
Page 6 of 9
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Oelores
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Address 2(a0 5g4c +4a.y Dr u);
is Fcr Uc 2zGo
Property ID# 4/_4_ 55 D
Ch -ce
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Address p,0 80X 43 7 3 14 ;4ckr Us zzGoN
Property ID Hi- 4_ 54
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Address 1/7 we_ sI w ;4c4es 0c 2 -2-6
Property ID s-(( S 2
Zen:
II
SirbGu
Address 337 Bor 6,4n 2d..
WhIcitedier Ue; 71605
Property ID kij_ R 3 G
Address
Property ID
Address
Property ID
Address
Property ID
Address
Property ID
13. Additional comments, if any: (A) e a /5c Pro Pose_ 4 bu;.IU c
9 4''c5 e +b 4 zrt
(64 /)/C C 1 4 1 64 /j
194
i e K-i' ff Yu 4c 645 G. 6n 4-4 We, nit L.,1,;‘,/, .4.441d be. (,S 0 F'T' o-r pc 1: rte_
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
t,00,« Lice_
l a cGnl
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.
s
M
ci.l uer+
t
iz2.09
Page 8 of 9
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(TOu5 e
AGREEMENT
VARIANCE o7 o 6
(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.
SI ATURE OF APP CAN
►l S S 1
DATE —1 Ot(
SIGNATURE OF OWNER
SIGN
APPROVAL
DENIAL
t UhLLe.) M AI_ DATE
(if other than applicant)
OFFICE USE ONLY
BZA PUBLIC HEARING OF 6/a o r. ACTION:
DAT
BZA CHAIRMAN
DATE:
Page 9 of 9
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) 0 M4& Len, h a (Ph 5� 0 4 109 -19G �1
(Address)3
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. 35 3 on Page 20 and is described as
Parcel: NIA Lot: 153 Block: N/A Section: A Subdivision: Alb:, Cs Jc5
do hereby make, constitute and appoint:
(Name) EI;zevl, ti Ann Cook (Phone) (S2/0 tr6 -7 6/6
(Address) 13 Roc ky Fend Rd C/egrbrook !q 22 (0 2
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:
_&.i. ra k
This authorization shall expire one year from the day 1 is signed, or until it is otherwise rescinded or
modified.
.1.n witness thereof, I (we) have hereto set my (our) hand and seal this /l aday of acjint 200_6_,
Signature(s)
Notary Public
Rezoning (Including proffers)
Conditional Use Permits
Master Development Plan (Preliminary and Final)
Subdivision
Site Plan
State of Virginia, City /County of
i
.Wa< To -wit:
a Notary Public in and for the jurisdiction aforesaid, certify that the person(s)
who signed to the foregoing instrument and who is (are) known to me, personally appeared before me
and ha acknowledged the same before me in the jurisdiction aforesaid this 1 `1 day of c2r-- L. 200 C
Special Limited Power of Attorney
County of Frederick, Virginia
My Commission Expires: S -21- 0-7
Ipr 17 06 04:54p ES•
if 869 -2625
p.1
R
Scott A. Milburn, Angle
Delores J. Milburn Iron CO
Tax Map 41 A 155D Found C
O.B. 758, Pg. 681
Abbreviations;
D.B. Deed Book
Fnd Found
Pg. Page
R/W Right Of Way
R/W
14.1'
5.9'
Chester W. Simmons
Tax Map 41 A 154
Instrument 20050015376
S29'19'35 "E
This Plat Was Prepared Without The
Benefit Of A Title Report.
This Property Does Not Lie In A
H.U.D. 100 Year Flood Hazard Zone.
This Plat Is The Result Of An
Actual Feld Survey Performed
By Anderson Associates, Inc.,
April 2006.
References: Fredericks County Tax Map
Tax Map 41 A 153; D.B. 353, Pg. 206
Setbacks: Front =60'; Side Rear 50'
Zoning: RA Frederick County "Rural Area"
ANDERSON ASSOCIATES, INC.
Professional Design Services
www.andassoc.com
Virginia North Carolina Tennessee
«N29'50'05"W 121.67'
±1,350' 20.0' To Center Road Bethel Grange Rd.
To Old Bethel Church Rd.
Notes;
"NSHofD
O f 0
Preliminary
o Ty Brady
Preliminary
No. 2639
4421 SURNS
7722 Main Street
Middletown Va 2204545Q9
640-0S9-2501
122.09'
Proposed
Well Site18 9'
15.4'
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Route 630
Shirley M. Fix
Tax Map 41 A 152
D.B. 632, Pg. 26
Boundary Survey Plat
Tax Parcel 41 A 153
To Be Acquired By
Timothy W. Barton,
Elizabeth A. Cook
Gainesboro Magisterial District
Frederick County, Virginia
Mito 1+-iop
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DRAWN SCALE DATE DOCUMENT NO.
TB 1" 40' 1 11 Apr 06 25038 -001
IL' 17. 20011 550rn It\25\ 25039\ 25W89NASre .inQAS2503&00 \O.9\rieldfim.d.4 40 Scala 05 x 11
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L,nu,:ar. AXLIcnnyY Ay
A h a a-
THI5 DEED made and dated this 16th day of
May, 1969, between Anna E. Fins Widow, of the one part,
hereinafter called the Grantor, and Anna V. Unhoch and Frank
J. Unhoch, her husband, of the other part, hereinafter called
the Grantees.
WITNESSETH: That for
of love and in consideration
and affection and the sum'
oc One ($1,00) Pollar,.the
Grantor does hereby grant and convey with general warrant
title, unto the Grantees, y
jointly, and as tenants by the entiretq,
with thetright of s urvivorship, as at common law, all of that
certain tract or parcel of land, together with all rights,
rights of way and appurtenances thereto belonging, lying and
being situate in Gainesboro- District, Frederick Count
on the East side of Road No. Virginia,
about four miles Northwest
of the City of Winchester, containing 29,270. square feet, more i
or less, according to plat -and survey of Richard U. Goode,'. 1969
Certified Surveyor, made April 7,
1969, and attached hereto
and made a part hereof as if fully incorporated herein, and
being a portion of the same property
y conveyed to the Grantor
630 ab
by Deed of P.N. Fixx, August 2, 1946, and recorded in the
Clerk's office of the Circuit Court of Frederick County, Virginil,
in Deed Book 193 page 88, to which Deed and plat reference is
made for a more particular description..
Said conveyance is made, subject to all I
restrictions, easements and /or rights of way,
Y. of re cord, if any,'
affecting the aforesaid realty.
LAHOG"f. THYHHSON
LARRICIC
Mist Anna Yuequ
Said Grantor covenants that she has the right
to convey said property to the Grantees; that said Grantees
shall have quiet and peaceable possession to said property,
free from all liens and encumbrances', and that the Grantor
will grant such further assurances of title as may be requisite.
WITNESS the following signature and seal
this date above written:
'1/LYf (S _.L)
Anna E. Fixx
STATE OF VIRGINIA,
COUNTY OF FREDERICK,
,N6As: a Notary Public in and For the County
I,
and State aforesaid, do hereby certify that Anna E. Finn, whose
name is signed to the foregoing writing, dated May 15, 1969,
has personally appeared before me and acimowledged the same in
my County and State aforesaid.
My commission expires. 3 Is
Given under my hand this \yam day of Nay, 1969.
Notary Public
mA C.NF ryes
4
i •208
SHIRLEY F /XX
Ne-ects 240.3•
ANNA E. FIn to
ANNA V. UNHOCH.
29,27C sq, ft.
567'48'1.
239.7'
OTHER LAND OF ANNA £t FIX X
The stove tract of land, located on the East side of Road No 630
about 4 niias Northwest of Winchester, and Lituate iri CainesLort
Magisterial District, Frederick County; Virginia, is bounded as
follows:
feginninE at (1) :an iron peg on the East sideof Road No. 630
ar.:' corner to the lot of Shirley Fixx; thence with said lot.
G 67 ceg. 48 vim. E 24Ca3 feet to (2) an, iron peg in the West line
of the .lead now or. formerly W.R. See; tfer.co lath said land
S 22 tlar: 27 ".i:.. E 122.0 feet to (3) an iron peg; thence with a.
hew cif i_ iin line thrvugt: ,t.`r.: lend Anna E. Fixx S 67 deg.. 48
r.i::. t• .'39.7 feet to (4) an iron ;eg.or. the East"sJoe o load tio.
630; thence with ;1.:.d Mo. 630 '4 22 deg.. 45 sin: W 122.0 feet to
the poise o f begi:wing, containing 29,270 a feet more or less.
�c�entT u mrrk
Richard U. Goode,
viraiiA rACDEaICK COUNTY, SGT Certified Surveyor,
�j rnsvumontnt or wiling d on ran nedud to m. d a 1 7, 1969.
y of
dt4.s�f 44 with certificate of eMpN.dem.nt thereto
to recant
0 25' 50' 75' .00'
SCALE 'FFT