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HomeMy WebLinkAbout11-06 ApplicationVARIANCE APPLICATION #11 -06 FUNKHOUSER LOTS, LOT 35 Staff Report for the Board of Zoning Appeals Prepared: July 10, 2006 Staff Contact: Kevin T. Henry, Planning Technician This report is prepared by the Frederick County Planning Staff to provide ir?forma'tion 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: June 20, 2006 Action Tabled July 18, 2006 Pending LOCATION: 113 Callaway Court MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER(S): 76A -1 -35 PROPERTY ZONING USE: Zoned: RA (Rural Areas) Land Use: Vacant ADJOINING PROPERTY ZONING USE: North: RA (Rural Areas) Use: Vacant South: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: Residential West: RP (Residential Performance) Use: Residential VARIANCE REQUESTED: A 40' side yard variance on both sides REASON FOR VARIANCE: The lot predates the current zoning ordinance with regards to RA setbacks. Variance Request #11 -06, Funkhouser Lots, Lot 35 July 10, 2006 Page 2 STAFF COMMENTS: This property was created in 1946. Frederick County adopted performance zoning in1967. The Frederick County historical zoning map shows this property was zoned A -2 (Agricultural General) in1967. The property setback lines at the adoption of the zoning ordinance were 35' for both fronts 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, 60' rear, and 50' side setbacks. 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 40' on both side yards to build atwo-story residential structure of approximately 1,568 square feet in size. Should this variance be granted, the building setbacks for this property would be: 60' in the front, 60'in the back, and would change to 10' on the sides. It is important to note that with the given setbacks the dwelling will fit the appearance of the neighborhood. 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. Rinker to approve this application with amended side yard variances of 35' each, as the vote resulted in a failed motion. As the motion did not receive the required affirmative votes, this application is being brought hack to the Board for conclusive action. 76B 23212 BENOIT, DAVID P ROXANNE C 76A 1 39 KETTERMAN, CHARLES D JR 76A 1 38 KETTERMAN, CHARLES D JR 76A 1 37 STATON, CLIFFORD EUGENE 76A 1 36 STATON, CLIFFORD EUGENE 76A 1 35 STATON, CLIFFORD EUGENE 76B 131514 CANTER ESTATES HOMEOWNERS ASSOC INC 768 1 3 236 RAPPEL, KENNETH 0 JR Canter Estates /1/ Canter Estates' Clydesdale -Dr 76B 1 3 237 DOTSON, CHARLES A LOUANN Streets tea, awes OVP.enRoarb ti wmnea, Gernaaae /V Secondary licaolaM1306_CIANStabonj..5 765 23220A CANTER ESTATES HOMEOWNERS 46500 INC 766 13 238 SOMMER, PHILIP W 76A 1 40 KETTERMAN, CHARLES D JR 76A 1 34 GUFFEE, KERI B 76A 1 32 MICHAEL, JASON 76A 1 31 PITCOCK PARTNERS, LLC Lot 35 Variance 11 06 (76A -1 -35) 76A 1 30 PITCOCK PARTNERS, LLC n 41 Fretlenck County Dept of Planning Development 107 N Kent St Winchester, VA 22601 www.CO. FREDE RI CK. VA. U S 76A 1 40 KETTERMAN, CHARLES D JR 76A 1 39 KETTERMAN, CHARLES D JR 76A 1 38 KETTERMAN, CHARLES D JR 76A 1 37 STATON, CLIFFORD EUGENE 76A 1 36 STATON, CLIFFORD EUGENE 76A 1 35 STATON, CLIFFORD EUGENE 76A 1 34 GUFFEE, KERI B 76A 1 32 MICHAEL, JASON 768 23212 BENOIT, DAVID P ROXANNE C 76B 13151A CANTER ESTATES HOMEOWNERS ASSOC INC 76B 13236 RAPPEL, KENNETH 0 JR Streets IV Fn^vNaaads /V s.mnaary Canter Estates 111 Canter'Estates Clydesdale Dr I 76B 1 3 237 DOTSON, CHARLES A LOUANN 76B 2 3 220A CANTER ESTATES HOMEOWNERS ASSOC INC 76B 1 3 238 SOMMER, PHILIP W N Tarawa Roads Zoning MR Omuunu Generalaaria O:y Roads el leus:resa, NegArhooa Dann) MH1IMObilo Noma G0mmumv D :Ina) CewlopnanlA 8 319uvresa. in.atr D a,T alial MSIMea, eueeam c CCmm 6 N§ar Sem eA,ea slip 8.3 19uswas Imuu,rrew,m Dsmn) ®Ra IResiaanev. Planned CommurvN DA,iW EM (aaaacaa.an✓acbn,p [liar.) RS (Reai R unity DSO,3I 01:EalpllerEaumuan0 PA (aural AaesPsalm) ®M1 anclusleul. au. D,ea7 RP (Reuaatial Pefo,manoaDama) 0 VPR1na6_G n2SL+tw_LOGS 76A 1 31 PITCOCK PARTNERS, LLC Lot 35 Variance 11 06 76A 1 35) 76A 1 30 PITCOCK PARTNERS, LLC Frederick County Dept of Planning Development 107 N Kent St Winchester, VA 22601 www. CO. FR E D E R I C K. VA. U S 23 212 'BENOIT'DAVID P ROXANNEC CANTER ESTATES•HOMEOWNERS ASSOCINC Estates 76B 21220A CANTERESTATESHOMEOWNERSASSOCINC CHARLES D JR KETTERMAN, CHARLES D JR STATON, CIJFFORD EUGENE 532 kD Ii219 E11 MICHAEL, JASON PITCOCK L'LC Streets Te Rods ^raemary Rows Nfirtat.lef o<yaoeae N sedeeery Re,e=1.1306_cimeea,uoo_Lots Lot 35 Variance 11 06 (76A -1 -35) a w N Frederick County Dept of Planning 8 Development 107 N Kent St VVInchester, VA 22601 www.CO.FREDERICK. VA.US s 1 Variance Application No i Submittal Date: if I Fe Paid Sian Deposit initials: Funkhouser Lot 35 (Canter Estates) APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA OFFICE USE ONLY 6 Submittal Deadline: 5 For the meeting of MUST BE TYPED OR FILLED OUT IN INK PLEASE PRINT 1. The applicant is the owner other (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: Michael M. Artz NAME: ADDRESS: 16 E Piccadilly St ADDRESS: Winchester VA 22601 TELEPHONE: 540- 667 -3233 TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): 113 Callaway Ct. Stephen's City Front Royal Pike, (VA State Rte. 522) 4. The property has a road frontage of 50' feet and a depth of 160' feet and consists of .18310 acres and 7,976 sq.ft (please be exact). 5. The property is owned by Gene Eugene Staton as evidenced by deed from Clifford Eugene Staton; Hazel Inez Staton recorded(previous owner) in deed book no. 449 on page 378 of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: Opequon 7. Property Identification No.: 76A -1 -35 8. The existing zoning of the property is: &P Z C 9. The existing use of the property is: Vacant MAY 1 9 2006 10. Adjoining Property: USE ZONING North Vacant RP East Rt.522 South Residential RP West Callaway Ct. 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. 40' Side Yard Variance Both Sides 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 prerty immediately adjacent thereto gA- Lots predate current zoning, -%P setbacks prevent any structures adjacent parcels have received similar variance 13. Additional comments, if any: Gufee, Keri B Address:115 Callaway Ct.; Stephen's City, VA 22655 Property ID# 76A -1 -34 Sommer, Philip W. Address:114 Callaway Ct.; Stephen's City VA 22655 Property ID# 76B -1 -3 -238 Dotson, Charles A Address:316 Clydsdale Dr.; Stephen's City, VA 22655 Property ID# 76B -1 -3 -237 Happel, Kenneth 0. Jr. Address: 341 Clydsdale Dr.; Stephen's City VA 22655 Property ID #76B -1 -3 -236 Address: Property ID# Address: Property ID# Address: Property 1D# Address: Property 1D# 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 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. LOT 34 co N 0 11.0' PRESENT OWNER: GENE STATON TM #76A -1 -35 DB 449 PG 378 PROJECT /21746 NOTES: 1. BOUNDARY SHOWN HEREON *AS DETERMINED BY A FIELD RUN SURVEY PERFORMED BY ARTZ 44 ASSOCIATES ON MAY 18, 2006. 2. THIS PLAT IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 3. NO TITLE REPORT 'FURNISHED. N 1763'19" IN 0.72' CALLAWAY COURT N 77'24'45" E 3.89' N 13'57'15" 49.31' 60' BRL PORC 28' PROPOSED DWELLING 28 LOT 35 7,976 5F S 13'12 E 50.00' FRONT ROYAL PIKE PROPOSED 35 CONDITIONS FOR LOT CD CD 11.0' FUNKHOUSER LOT5 OPEQUON DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1 20' DATE: MAY 19, 2006 LOT 36 SHEET 1 OF 1 2 1N5T1% Az OF (MICHAEL M. ARTZ; No. 1951 G 9_ 0 ENO SURNEC p Artz and A9gociateS. PLd A 6ublidiary of Valley Engineering, PLC WO SURVEYING IMO Pt/Nt6NG DE\UOPI*EST 16 East Piccadilly Street WINCHESTER, VA 22601 -4740 TEL 540- 667 -3233 FAX 540 -667 -9188 TOLL FRXE 1- 600 755 -7320 AGREEMENT VARIANCE /6 Number to be assigned by the Planning Dept) 1 (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. SIG[v�TU�2� 0OF DATE ici Gb DATE U�2E OF OWNER DATE 5 O (If other than applicant OFFICE US ONLY BZA PUBLIC HEARING OF 4/4 0 0 APPROVAL SIGN l DENIAL DATE: BZA PUBLIC HEARING OF 7/18/06 ACTION: DENIAL ACTION: BZ CHAIRMAN Special Limited Power of Attorn. 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 MenBy These Presents That I (We) (Name) C f, d-oo,ed I. a lit 4,0 (Phone) 5 440 955 -a0005 (Address) $o 9 E Ella iu 3 6 e r r, i /i VA 01.2 6 the owner(s) of all those tracts or parcels of' land "Prop rty corfveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. on Page and is described as Parcel: Lot:25 5 Block: Section: Subdivision: Ft./u h occ s et" do hereby maakk con titute and appoint: i (Name) i CL 4 e/ m d i r 12_ I (Phone) -5 tJ —r G 7 -3233 (Address) //p pie C4 cGZ) 1 47, 7. n.th it- [14 .2 a 40 To act as my true and lawful attorney- in- fact 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) Subdivision 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 autIceifization shall 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 of 200 Signat, e(s State of Virginia, City /C un y of 09fije To -wit: I, MP (is,c, C< f Q,fa` 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(q day of f 4cu t 200L' My Commission Expires: 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: 113 Callaway Court MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER(S): 76A -1 -35 PROPERTY ZONING USE: Zoned: RA (Rural Areas) Land Use: Vacant VARIANCE APPLICATION #11 -06 FUNKHOUSER LOTS, LOT 35 Staff Report for the Board of Zoning Appeals Prepared: June 7, 2006 Staff Contact: Kevin T. Henry, Planning Technician BOARD OF ZONING APPEALS HEARING DATE: June 20, 2006 Pending ADJOINING PROPERTY ZONING USE: North: RA (Rural Areas) Use: Vacant South: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: Residential West: RP (Residential Performance) Use: Residential VARIANCE REQUESTED: A 40' side yard variance on both sides REASON FOR VARIANCE: The lot predates the current zoning ordinance with regards to RA setbacks. Variance Request #11 -06, Funkhouser Lots, Lot 35 June 2006 Page 2 STAFF COMMENTS: This property was created in 1946. Frederick County adopted performance zoning in1967. The Frederick County historical zoning map shows this property was zoned A -2 (Agricultural General) in1967. The property setback lines at the adoption of the zoning ordinance were 35' for both fronts 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, 60' rear, and 50' side setbacks. 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 40' on both side yards to build a two -story residential structure of approximately 1,568 square feet in size. Should this variance be granted, the building setbacks for this property would be: 60' in the front, 60'in the back, and would change to 10' on the sides. It is important to note that with the given setbacks the dwelling will fit the appearance of the neighborhood. 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.