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Home My WebLink About12-06 ApplicationVARIANCE APPLICATION #12 -06 FUNKHOUSER LOTS, LOT 36 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: June 20, 2006 Pending LOCATION: 111 Callaway Court MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER(S): 76A -1 -36 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: Vacant East: RA (Rural Areas) Use: Residential West: RP (Residential Performance) Use: Residential VARIANCE REQUESTED: A 40' side yard variance on both sides and a 20' front yard variance fronting Callaway Court REASON FOR VARIANCE: The lot predates the current zoning ordinance with regards to RA setbacks. Variance Request 1412 -06, Funkhouser Lots, Lot 36 June 2006 Page 2 STAFF COMMENTS: This property was created in 1946. Frederick County adopted performance 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 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' sides. 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 and a 20' front yard variance to build a two -story residential structure of approximately 1,568 square feet in size. The Callaway Court front variance is being requested so as to save a large white oak tree. Should this variance be granted, the building setbacks for this property would be: 40' in the front, 60' in the back, and 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. 76A 1 40 KETTERMAN, CHARLES D JR 76A 1 39 KETFERMAN, CHARLES D JR 76A 1 38 KETTERMAN, CHARLES D JR 76A 1 37 STATON, CUFFORD EUGENE 76A 1 36 STATON, CUFFORD EUGENE 76A 1 35 STATON, CLIFFORD EUGENE 76A 1 34 GUFFEE, KEN B 76A 1 32 MICHAEL, JASON 76B 2 3 212 BENOIT, DAVID P ROXANNE C 76B 13151A CANTER ESTATES HOMEOWNERS ASSOC INC 76B 1 3 236 HAPPEL, KENNETH 0 JR 76B 1 3 237 DOTSON, CHARLES A LOUANN Sends tons, Reads 11 Pnmsry Roads wnenever On, Roads ^V Second, ROrd,CIVAR I 309_CmardStaten_ldab Canter Estates 111 Canter Estates Clydesdale Dr 768 2 3 220A '1 CANTER ESTATES HOMEOWNERS ASSOC INC 768 1 3 238 SOMMER, PHILIP W 76A 1 31 PITCOCK PARTNERS, LLC Lot 36 Variance 12 06 76A 1 36 76A 1 30 PITCOCK PARTNERS, LLC w z (y Frederick County Dept of Planning 8 Development 107 N Kent St Winchester, VA 22671 www. CO. F R E D E R I C K. VA. U S Straes A/ Mammary Rol 768 2 3 212 BENOIT, DAVID P ROXANNE C 76B 13151A CANTER ESTATES HOMEOWNERS ASSOC INC 768 1 3 236 RAPPEL, KENNETH O JR Canter EsLaes• //i Cl desdale Canter Estate-s— Y 768 1 3237 DOTSON, CHARLES A LOUANN Roe* Zdning wnmeeer GtyRmda Bt (BURNSS Mgnbwbootl Petru� R1306 O aBle L (36 B2 (Business. Gummi am.) Po`ekmmem Me lib (assmass, uuusbial Transition P.M) rBWater SWlseAfN A EM(BrtrEUVe Menaadumq PSbid) NE MbMr.....n..0 M1(rraustlal UV ERM/ 76B 2 3 220A CANTER ESTATES HOMEOWNERS ASSOC INC 76B 1 3 238 SOMMER, PHILIP W AIY ilndsmiel, Gem. pel,idl O MRt M.ro Rome P,mmurmr oebd) M9 (IAealal Support Puna) Ra (Rev.., Planned Community P¢na) RS (Reaaaaliu Reaea4nu Ccmmumy Pnbk11 RA(RUrd Areasonbm) RP (Rasda„ul Penamarce Onbitll 76A 1 31 PITCOCK PARTNERS, LLC Lot 36 Variance 12 06 (76A -1 -36) 76A 1 30 PITCOCK PARTNERS, LLC N Frederick County Dept of Planning Development 107 N Kent St WSnchester, VA 22801 www. C O. F RE D E R I C K. VA, U S BENOIT, t VID P DOTSON, Canter CANTER ESTATES HOMEOWNERS ASSOC'INC CHARLESA LOUANN 2.3220A CANTER:ESTATES.HOMEOWNERS ASSOC-INC J90 CHARLES D JR 76A 1 38 KETTERMAN, CHARLES D JR STATON, CLIFFORD EUGENE STATON, CLIFFORD EUGENE Streets /N' T !y Road. Prlmvy Roo. N..'NI re¢er yRR oees t._ s..anRwe�vaR a m,.n_oaa Lot 36 Variance 12 06 (76A -1 -36) w N v�r�r Frederick County Dept of Planning Development 107 N Kent St Winchester, VA 22001 www.CO.FREDERICK.VA .US Submittal Date: S t R/0 4 Fee Paid: 0 initials: Sign Deposit 1 Variance Application No. OFFICE USE ONLY- ADDRESS: 16 E Piccadilly St. ADDRESS: Winchester VA 22601 TELEPHONE: 540- 667 -3233 TELEPHONE: Funkhouser Lot 35 (Canter Estates) APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA Submittal Deadline: For the meeting of /c/ fe z-0/a4 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. Ariz NAME: 3. The property is located at (give exact directions and include State Route numbers): 111 Callaway Ct. Stephen's City H. MAY q 2006 L n 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 0.1838 acres and 8 006 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 -36 8. The existing zoning of the property is: „RP" 9. The existing use of the property is: Vacant have received similar variance 10. Adjoining Property: USE ZONING North Residential 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 20' Front Yard Variance Along Callaway Court 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 Lots predate current zoning, setbacks prevent any structures adjacent parcels 13. Additional comments, if any: Reason for Callaway Court Variance is to position the dwelling such that a large white oak tree can be saved Sommer, Philip W. Address: 114 Callaway Ct.; Stephen's City VA 22655 Property ID# 76B -1 -3 -238 Staton, Clifford Eugene Address:509 E. Main St.; Berryville Va 22611 Property ID# 76A -1 -37 Dotson, Charles A Address:316 Clydsdale Dr.; Stephen's City, VA 22655 Property ID# 76B -1 -3 -237 Happel, Kenneth O. Jr. Address: 341 Clydsdale Dr.; Stephen's City VA 22655 Property ID#76B -1 -3 -236 Staton, Clifford Eugene Address: 509 E. Main St.; Berryville Va 22611 Property ID #76A -1 -35 Address: Property ID# Address: Property ID# Address: Property ID# 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 s 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. NOTES: I. BOUNDARY SHOWN HEREON WAS DETERMINED BY A FIELD RUN SURVEY PERFORMED BY ARTZ ASSOCIATES ON MAY 18, 2006. 2. THIS PLAT 15 SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 3. NO TITLE REPORT FURNISHED. PROJECT 191747 LOT 35 0' CALLAWAY COURT N 155715" IN 90,01' L 40' BRL PORCH 28 PROPOSED DWEWNG 8' PROP OSED CONDITIONS FOR LO 36 6 60' BRL LOT 36 8,006 SF S 13'12'27" E 90.00' FRONT ROYAL PIKE I1.0' FUNKHOUSER LOTS OPEQUON DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1 20' DATE: MAY 19, 2006 PRESENT OWNER: GENE STATON TM #76A -1 -36 DB 449 PG 378 In ci 0 67 w t CO 0 N. n LOT 37 SHEET 1 OF 1 ST BASE0 ON OF c MICHAEL M. ARTZ; No. 1951 IA Cr C 4 4 o SUIT•l Artz and A9oociated, PLd A flubgidiery of Valley Engineering PLC W4D SGRVEING LAND PUNNING DEVEEOPNENT 16 East Pittway Shed ENGE EFL VA 22601 -4740 TEL 5540- 667 -3233 FAX 540 -667 -9188 1041 FREE 1 -600 -755 -7320 J 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 TU E OF PP ICANT Asa DATE s I (01 ota AGREEMENT VARIANCE 06 Number to be assigned by the Planning Dept) SIGNAT RE OF OWNER I. DATE t ID(c) (If other than applicant) -OFFI E U ONLY BZA PUBLIC HEARING OF O 0 G, APPROVAL SIGN D: ACTION: Pa A- B A CHAIRMAN DENIAL DATE: Planning Office, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540- 665 -5651 Facsimile 540 -665 -6395 Know All Men B These Presents: Th t 11 (We) (Name) JY ral g, �Ib (Phone) eC/O 9SS --2 G (Address) 50 9 E /�Qf i v Si" ,Q ¢-,e 2c o ,7L .e fl .7 -Z G 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. on Page and is described as Parcel: Lot: 3G Block: Section: Subdivision: e /wu 5c1r do hereby make corVitute and appoint: (Name) G%q 4 .t1 (Phone) SV0 C, 473Z33 --3Z (Address) /o E P al tad el'e /f /�kicke -Sat V4- 2 aCeO To act as my true and lawful attomey -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) 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: z— sh ®�R This authorization sh expire one year from the day it is signed, or until it is otherwise rescinded or modified. 'nn In witness thereof, I (we) have hereto set my (our) hand and seal this ,9 day of 11\-k ,(1 200 1 J Signs e a State of Virginia, City /C unty of I-r' To -wit: I, �Q�i556, 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 `q ay of 200 Lr S�ecial Limited Power of Attorn County of Frederick, Virginia My Commission Expires: NOTES: 1. BOUNDARY SHOWN HEREON WAS DETERMINED BY A FIELD RUN SURVEY PERFORMED BY ARTZ ASSOCIATES ON MAY 18, 2006. 2. THIS PLAT IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 3. NO TITLE REPORT FURNISHED. LOT 35 11.0' CALLAWAY COURT N 13'57'15" 90.01' 40' BRL PORCH 28 PROPOSED DWELLING 28' L 60' BRL LOT 36 8,006 SF S 13'12'27" E 90.00' FRONT ROYAL PIKE PROPOSED 6 CONDITIONS FOR L 11,0' FUNKHOUSER LOTS OPEQUON DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1" 20' DATE: MAY 19, 2006 PRESENT OWNER: GENE STATON TM #76A -1 -36 DB 449 PG 378 PROJECT 21747 w s <0 0 LOT 37 SHEET 1 OF 1 llvsrBA 020019 782 Artz and AHsociateH, PLd A Mubpidiary of Valley Engineering, PLd LID SURVEYING LAND PIANNNC DEVELOPMENT 16 East Piccadilly Street 'WINCHESTER, VA. 22601 -4740 TEL 540 667 -3233 FM 540 -667 -9188 TOLL FREE 1 -800- 755 -7320