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HomeMy WebLinkAbout10-06 ApplicationAugust 16, 2006 Dear Mr. Ritter: MRC/bhd Clinton R. Ritter, Esquire 205 E. Boscawen St. Winchester, VA 22601 Mark R. Cheran Zoning and Subdivision Administrator C O Department of Planning and Development 540/665 -5651 FAX: 540/665 -6395 RE: VARIANCE REQUEST #10 -06 FOR KAY -MORE, INC. AND DEBRA J. TOMS This letter is to confirm that the above referenced application was approved by the Board of Zoning Appeals at their meeting on August 15, 2006. The request on parcel bearing Property Identification Number 65 -A -176 was for a 30 foot side yard variance on the eastern side of the property. The property is located on the east side of Sulphur Springs Road (Route 655), 1 /10 mile north of the entrance to the County Landfill, in the Shawnee Magisterial District. If you have any questions regarding this action, please feel free to call this office. Sincerely, cc: Jane Anderson, Real Estate John Trenary, Inspections Harvey E. Strawsnyder, Jr., Public Works Kay -Mor, Inc. and Debra J. Toms, 205 E. Boscawen St., Winchester, VA 22601 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 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. LOCATION: East side of Sulphur Springs Road (Route 655), 1 /10 mile north of the entrance to the County Landfill MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER(S): 65 -A -176 PROPERTY ZONING USE: Zoned: RA (Rural Areas) Land Use: Vacant and Residential VARIANCE APPLICATION #10 -06 KAY -MOR, INC., AND DEBRA TOMS Staff Report for the Board of Zoning Appeals Prepared: August 4, 2006 Staff Contact: Mark R. Cheran, Zoning Administrator BOARD OF ZONING APPEALS HEARING DATE: June 20, 2006 Tabled August 15, 2006 Pending ADJOINING PROPERTY ZONING USE: North: RA (Rural Areas) South: RA (Rural Areas) East: RA (Rural Areas) West: RA (Rural Areas) VARIANCE REQUESTED: A 30' side variance on the eastern side of the property. REASON FOR VARIANCE: The lot predates the current zoning ordinance with regards to RA setbacks. Use: Agricultural Use: Residential Use: County Landfill Use: Residential Variance Request #10 -06, Kay -Mor, Inc., and Debra Toms August 4, 2006 Page 2 STAFF COMMENTS: This lot was created on April 11, 1966, as shown by the deed submitted with application. This lot was created prior to Frederick County adapting zoning on March 11, 1967. At the time of the adoption of the zoning ordinance, this1.041 acre property was zoned A -2 (Agricultural General); shown on the Frederick County historical zoning map. The property setback lines for the A -2 (Agricultural General) were 35' front and rear and 15' on all sides. On December 11, 1991, Frederick County amended its Ordinance to change the rural zoning districts to the current RA (Rural Areas) Zoning District, making the current setbacks for the property 60' front, 50'right side and 100'rear. Staff would note there are two other items to bring to the Board's attention. As noted by the maps in the application package, this property will be impacted by the proposed future Route 37. This property will also be impacted by the Frederick County Landfill. These two items should be considered with this variance. STAFF CONCLUSIONS FOR THE JUNE 20, 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 30' on the eastern side of the property to build a residential structure of approximately 2,016 square feet in size. Should this variance be granted, the building setbacks for this property would be 60'front, 70'left side and rear. 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. ACTION BY THE BOARD OF ZONING APPEALS AT THE JUNE 20, 2006 MEETING: There was a tie vote after a motion made by Mr. Shenk to approve this application and seconded by Mr. Wells. As the motion did not receive the required affirmative votes, this application is being brought back to the Board for conclusive action. 65 A 73 EFG INVESTMENTS, LLC 65 A 181 MARTIN, CHESTER E. JR. SCHO5 182 n, A TlM OTHYV Sulphur'Spring•Rd Frederick•County, Frederick County Landfil Rt37 Bypass 350f1 Buffer VAR1006_Kay- Morinc_DebraToms 65 A 168 CITY OF WINCHESTER Kay -More, Inc Debra Tom Variance 10 06 (65 -A -176) 65 A 186 LAMBERT, EDWIN L 0 3 9 0 0 0 w 0 N Frederick County Dept of Planning Development 107 N Kent St Winchester. VA 22601 www. CO. F R E D ER I C K. VA. US a 1 AJ183 SCHOTT TIMOTHY V Rt37 Bypass f\/ 350ft Buffer Q VAR1006_Kay- Monnc_ Debra Toms Kay -More, Inc Debra Tom Variance 10 06 (65 -A -176) w N Frederick County Dept of Planning Development 107 N Kent St Wnchesler, VA 22601 www.CO.FREDERI CK. VA.US DATE: June 15, 2006 MEMORANDUM SUBJECT: Variance Request, Tax Map #65 -A -176 107 North Kent Street Winchester, Virginia 22601 -5000 COUNTY of FREDERICK Department of Public Works 540/665 -5643 FAX: 540/678 -0682 l 1 5 2006 JUN L TO: Mark R. Cheran, Zoning and Subdivision Administrator, Department of Planning and Development FROM: Harvey E. Strawsnyder, Jr., P.E., Director of Public Works fit 'ES We have reviewed the variance request for the approximate one (1) acre parcel (TM #65- A -176) located on Sulphur Spring Road and have some serious concerns related development of this lot for a residential dwelling. The plat included with the application indicates that a portion of the lot is inundated during the 100 -year flood event associated with Sulphur Spring Run. It appears that this information was derived from the,FEMA flood maps. However, our department will require a detailed flood study in conjunction with a site plan prior to issuing a building permit. Historically, we have observed several flood events within the iast 15 years that have covered the landfill entrance road which is located Less than 100 feet upstream of this property. The plat indicates that the one (1) acre lot shares a boundary with the Frederick County Landfill property. If the variance would be approved, we strongly recommend that the property owner be required to inform any prospective home buyer that they will be living next to an active, permitted landfill. The fact that this property is located adjacent to the main entrance to the landfill should not relieve the property owner of this requirement. The property in question is also located within the proposed alignment of Route 37. The potential for this future road construction should be conveyed to any prospective home buyer. The term. "buyer beware," should not apply to this property. A drainfield area has been shown on the plat. However, to date, the health department Variance Request TM #65 -176 Comments Page 2 June 15, 2006 does not have a permit application for this property on file. We will request that the health department staff perform an evaluation of this site because of the historically poor soil conditions. HES /rls cc: file C: \Program Files\WordPerfect Office 11\ Rhonda\ TEMPCOMMENTS \VARIANCEREQCOM.wpd Mark R. Cheran Zoning Administrator BY FAX 7/5/06 CRR/tf CLINTON R. RITTER ATTORNEY AT LAW 205 EAST BOSCAWEN STREET WINCHESTER, VIRGINIA 22601 540 662 -7175 540 -662 -1038 fax July 5, 2006 Please advise in writing this week as 1 will be leaving next week. Sincerely, RE: Variance Request #10 -06 of Kay Mor, Inc. and Debra Toms Dear Mark: You agreed to continue the above for a new review from the July, 2006 date to the August, 2006 date as 1 will be on vacation.. Clinton R. Ritter Attorney at Law r. 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 x other (Check one) 2. APPLICANT: Kay- Mor,Inc. NAME: Debra J. Toms Winchester, VA 22601 TELEPHONE: (540) 662 -7175 Virginia (Plat attached) Page 5 of 9 OCCUPANT: (if different) NAME: N/A I ADDRESS 205 E. Boscawen St. ADDRESS: TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): located on east side of Sulfer Snrinv Road (Route 655) 1/10 mile north of entrance to County Land Fill in Shawnee District of Frederick County, 4. The property has a road frontage of 345.99 feet and a depth of 230.35 feet and consists of 1.041 acres (please be exact). 6. Magisterial District: 7. Property Identification No.: T!4# 65-A-176 xx Shawnee Page 6 of 9 5. The property is owned by Kay -Mor, Inc., and Debra J. Toms as evidenced by deed from Eugene Maphis recorded (previous owner) in deed book no. 833 on page 1156 of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 8. The existing zoning of the property is: 4 0, 9. The existing use of the property is: residential location 10. Adjoining Property: USE ZONING North Agricultural .Er ,Z,4 East Land Fill •A2. fr>,4 South Residential eel West Residential -4.3 PA 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. variance requested to change 100' set back line on one side to 70' set back to allow room for house location on lot 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 residential, agricultural, and land fill City of Winchester Frederick County Board of Supervisors Address 11 N. Cameron St. WiuLlicaLeL, VA PropertyID 65 A -168 Donald Dianna Anderson Address 965 Sulpher Spring Rd Winchester, VA Property ID 65 A -1 RS Mark A. McIntire Address 945 Sulphur Spring Rd Winchester, VA Property ID 65 A -184 Timothy W. Schott Address 143 Jennifer Gt. Winchestcr, VA Property ID 65 A -182 Roy Putman Address 912 Sulphur Spring Rd Winchester. VA Property ID fis A -177 Frederick County Board of Supervisors Address 107 N. Kent St. Winchcotcr, VA Property ID P rtY 65 A -105A Address Property ID Address Property ID 13. Additional comments, if any: Lot is grandfathered since 1966. It's a beautiful building lot for a home and was purchased for that reason. To deny this request would create an undue hardship. 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 se 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. Plat attached Page 8 of 9 cc bwa 00 0 o 2. r 3 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) daysprior 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 DATE SIRE OF 0 NER AGREEMENT VARIANCE 0— 04 (Number to be assigned by the Planning Dept.) (if other than applicant) OFFICE USE ONLY BZA PUBLIC HEARING OF 6 /o4 o 06 ACTION: AT APP OVAL SIGNE DENIAL upcf ZA CHAIRMAN BZA PUBLIC HEARING OF 8/15/06 ACTION: DATE: SI Page 9 of 9 DATE DENIAL t< APPROVAL 41/1N1h 4 ZA CHAIRMAN g/ lc O (Name) Signature(s) Notary Public e Special Limited Power of Attorney County of Frederick, Virginia 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) Kay -Mor, Inc. By Lewis Dcllingcr, Prcaidcnt Debra J. Toms (Address) 705 F Rncrawan St Winrhngfnr VA 77AQ1 the owner(s) of all those tracts or parcels of land "Pro conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by (Phone) (540) 665 -7175 Instrument No. 833 on Page 1156 and is described as 1.04 acre Sulpher Spring Road Parcel: Lot: Block Section: Subdivision: do hereby make, constitute and appoint: (Name) Clinton R. Ritter (Phone) (540) 662 -7175 (Address) 205 E. Boscawen St., Winchester, VA 22601 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: Rezoning (Including proffers) Conditional Use Permits Master Development Plan (Preliminary and Final) Snbdivision I Site Plan My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. .In witness thereof, I (we) have hereto set my (our) hand and seal this 30thday of March 2006 Debra J. 111 State of Virginia, City /County of To -wit: I, 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 has acknowledged the same before me in the jurisdiction aforesaid this day of 200 My Commission Expires: 1v BK 633PG 1 156 DEED THIS DEED, made and dated this day of January, 1995, by and between EUGENE MAPHIS, party of the first part, hereinafter called the Grantor, and KAY MOR, INC., A Virginia Corporation, and DEBRA J. TOMS, Single, party of the second part, hereinafter called the Grantees. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($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 of Title, in fee simple, a one- half undivided interest to Kay Mor, Inc., A Virginia Corporation, and a one half undivided interest, unto Debra J. Toms, Single, as tenants in common, all that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, containing two (2.00) acres, more or less, lying and being situate on the South side of Sulphur Springs Road, approximately four (4) miles East of the Corporate Limits of the City of Winchester, Virginia, in Shawnee Magisterial District, Frederick County, Virginia, and being the same property Eugene Maphis acquired by the Will of Thomas B. Jones, dated the 13th day of November, 1994, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Will Book 106, at Page 981, and being the same property Thomas B. Jones and Florance G. Janes, his wife, (now deceased) acquired by Deed dated the 11th day of April, 1966, from Estey C. Williams and Juanita Williams, his wife, said Deed being of record in the aforesaid Clerk's Office in need Book 321, at Page 357, Florance G. Jones, now deceased and all her right, title, and interest in the aforesaid property passed to Thomas B. Jones by the survivorship clause in said need, to which reference is hereby made to said Deed and to the references therein contained for a further and a more particular description of the property hereby conveyed. This conveyance is expressly made by the gross and not by the acre. This conveyance is hereby made subject to the easements, rights of way, restrictive covenants affecting the same. The Grantor covenants that he has the right to convey said realty to the BK 833FG 1 157 Grantees; that the Grantees shall have quiet possession thereof, free from all liens and encumbrances; that they have done no act to encumber said realty, and that they will provide such further assurances of title as may be requisite. WITNESS the following signature and seal: C/Tif STATE ∎OI W,&) N Cj4S hnxtU'vain/ 4r la dto -wit: 441 t /iL- i (SEAL) EUGJriVE MAPHIS, Grant r I,ak A y T<. �!A- t�S+4 a Notary Public in and for the State and �/jy/[/(Q/a HID aforesaid, do hereby certify that EUGENE MAPHIS, 111 Grantor, whose name is signed to the foregoing Deed bearing date thecl of January, 1995, has personally appeared before me, and acknowledged the same. re Given under my hand thiso of January, 1995. My Commission expires /C "3/-/3 This instrument was prepared by Clinton R. Ritter, pttbrtneyd0at Law, 205 E. Hoscawen St., Winchester, Va. 22601. n YIRGiP!f,l' FREDERICK COUNT(. SCT. This runner unner -off rithA we V494 Produced to me an the 21 "-navel ..Sn:� lacer 10 M. and retrh cchiticue el chkenv■isopruent ,pc rcur r- eras aon..tt.,d recoct Ica !rhpu eu by E;. r,. c. S a SO sa d 5C.; -S01 have been pate, n eaccrea,c ;a, Cloth Notary Public ALb•' 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 he useful to others interested in this zoning matter. BOARD OF ZONING APPEALS HEARING DATE: June 20, 2006 Pending LOCATION: East side of Sulphur Springs Road (Route 655), 1/10 mile north of the entrance to the County Landfill MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER(S): 65 -A -176 PROPERTY ZONING USE: Zoned: RA (Rural Areas) Land Use: Vacant and Residential ADJOINING PROPERTY ZONING USE: North: RA (Rural Areas) South: RA (Rural Areas) East: RA (Rural Areas) West: RA (Rural Areas) VARIANCE REQUESTED: A 30' side variance on the eastern side of the property. VARIANCE APPLICATION #10 -06 KAY -MOR, INC., AND DEBRA TOMS Staff Report for the Board of Zoning Appeals Prepared: June 9, 2006 Staff Contact: Mark R. Chcran, Zoning Administrator Use: Agricultural Use: Residential Use: County Landfill Use: Residential REASON FOR VARIANCE: The lot predates the current zoning ordinance with regards to RA setbacks. Variance Request #10 -06, Kay -Mor, Inc., and Debra Toms June 9, 2006 Page 2 STAFF COMMENTS: This lot was created on April 11, 1966, as shown by the deed submitted with application. This lot was created prior to Frederick County adapting zoning on March 11, 1967. At the time of the adoption of the zoning ordinance, thisl.041 acre property was zoned A -2 (Agricultural General); shown on the Frederick County historical zoning map. The property setback lines for the A -2 (Agricultural General) were 35' front and rear and 15' on all sides. On December 14, 1991, Frederick County amended its Ordinance to change the rural zoning districts to the current RA (Rural Areas) Zoning District, making the current setbacks for the property 60' front, 50'right side and 100'rear. Staff would note there are two other items to bring to the Board's attention. As noted by the maps in the application package, this property will be impacted by the proposed future Route 37. This property will also be impacted by the Frederick County Landfill. These two items should be considered with this variance. STAFF CONCLUSIONS FOR THE JUNE 20, 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 30' on the eastern side of the property to build a residential structure of approximately 2,016 square feet in size. Should this variance be granted, the building setbacks for this property would be 60' front, 70'left side and rear. 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. Mark R. Cheran Zoning and Subdivision Administrator 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 Hand Delivered 6/27/06 Dear Mark: CLINTON R. RITTER ATTORNEY AT LAW 205 East Boscawen St. Winchester, VA 22601 540 662 -7175 540 662 -7175 Fax June 27, 2006 RE: Variance Request #10 -06 of Kay -Mor, Inc., and Debra J. Toms Tax Map #65 -A -176 CRR FILE NO.: CR -9500 Please find enclosed several letters I have written to the Frederick County Health Department and the Department of Transportation. I believe you will find the contents of these letter are self explanatory. Hopefully responses to these inquires will answer some of the concerns addressed by the Zoning Appeal Board at the hearing on June 20. 2006. This letter is to confirm our conversation in which you have agreed to reschedule the discussion on this case from July 18, 2006 to the August date, as I wilt be out of town on vacation. If there is a problem rescheduling this to the August meeting date, please advise immediately. Sincerely, Clinton R. Ritter Attorney at Law DATE: June 15, 2006 MEMORANDUM SUBJECT: Variance Request, Tax Map #65 -A -176 107 North Kent Street Winchester, Virginia 22601 -5000 COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/678 -0682 J 5 2006 TO: Mark R. Cheran. Zoning and Subdivision Administrator, Department of Planning and Development FROM: Harvey E. Strawsnyder, Jr., P.E., Director of Public Works We have reviewed the variance request for the approximate one (1) acre parcel (TM #65- A -176) located on Sulphur Spring Road and have some serious concerns related to development of this lot for a residential dwelling. The plat included with the application indicates that a portion of the lot is inundated during the 100 -year flood event associated with Sulphur Spring Run. It appears that this information was derived from the FEMA flood maps. However, our department will require a detailed flood study in conjunction with a site plan prior to issuing a building permit. Historically, we have observed several flood events within the last 15 years that have covered the landfill entrance road which is located less than 100 feet upstream of this property. The plat indicates that the one (1) acre lot shares a boundary with the Frederick County Landfill property. If the variance would be approved, we strongly recommend that the property owner be required to inform any prospective home buyer that they will be living next to an active, permitted landfill. The fact that this property is located adjacent to the main entrance to the landfill should not relieve the property owner of this requirement. The property in question is also located within the proposed alignment of Route 37. The potential for this future road construction should be conveyed to any prospective home buyer. The term, "buyer beware," should not apply to this property. A drainfield area has been shown on the plat. However, to date, the health department 1; Variance Request TM #65 -176 Comments Page 2 June 15, 2006 does not have a permit application for this property on file. We will request that the health department staff perform an evaluation of this site because of the historically poor soil conditions. HES /rls cc: file C: \Program Files \WordPerfect Office 11\ Rhonda\ TEMPCOMMENTS \VARIANCEREQCOM.wpd June 23, 2006 Clinton R. Ritter, Esq. 205 E. Boscawen St. Winchester, VA 22601 Dear Mr. Ritter: Sincerely, ark R. Cheran Zoning and Subdivision Administrator MRC/bhd RE: VARIANCE REQUEST #10 -06 OF KAY -MOR, INC. AND DEBRA TOMS The above referenced application was tabled by virtue of a tie vote by the Board of Zoning Appeals at their meeting on June 20, 2006. The request on parcel bearing Property Identification Number 65 -A -176 was for a 30' side variance on the eastern side of the property. The Board will continue its discussion and consider action on this request at its July 18 2006 Board of Zoning Appeals meeting. If you have any questions regarding this action, please feel free to call this office cc: Kay -Mor, Inc., Debra Toms, 205 E. Boscawen St., Winchester, VA 22601 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 Department of Planning and Development 5 540/665.5651 FAX: 540 /665 -6395