HomeMy WebLinkAbout13-06 ApplicationPROPERTY ZONING USE:
Zoned: RA (Rural Areas)
Land Use: Vacant
VARIANCE APPLICATION #13 -06
FUNKHOUSER LOTS, LOT 37
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: 109 Callaway Court
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER(S): 76A -1 -37
ADJOINING PROPERTY ZONING USE:
North: RA (Rural Areas) Use: Residential
South: RA (Rural Areas) Use: Vacant
East: RA (Rural Areas) Use: Residential
West: RP (Residential Performance) Use: Open Space
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 #13 -06, Funkhouser Lots, Lot 37
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' 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 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 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.
766 2 3 212
BENOIT, DAVID P ROXANNE C
Canter Estates 1I!
Canter Estates Cl y desdale -Dr
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
76B 1 3151A
CANTER ESTATES HOMEOWNERS ASSOC INC
76B 13236
HAPPEL, KENNETH 0 JR
76B 1 3237
DOTSON, CHARLES A& LOUANN
Streets Terc,ary Roads
/y/ Primary Roads Wnchester City Roads
Secondary Roads VAR1306_CliffordStation_Lo137
76B 23220A
CANTER ESTATES HOMEOWNERS ASSOC INC
768 1 3 238
SOMMER, PHILIP W
Lot 37
Variance 13 06
(76A -1- 37)
76A 1 31
PITCOCK PARTNERS, LLC
76A 1 ERS,LLC
pITCOCK PARTN
w
N
h
Fredenck County Dept of
Planning Development
107 N Kent St
Wnchesler. VA 22601
www.CO.FREDERICK. VA.US
May 17, 2006
76A 1 40
KETTERMAN, ChARLES D JR
76A 1 38
KETTERMAN, CHARLES D JR
76A 1 37
STATON, CLIFFORD EUGENE
76A 1 36
STATON, CLIFFORD EUGENE
768 23212
BENOIT, DAVID P ROXANNE C
768 23220A
CANTER ESTATES HOMEOWNERS ASSOC INC
Canter Estates 111
76B 1 3151A
CANTER ESTATES HOMEOWNERS ASSOC INC
76B 1 3 236
HAPPEL, KENNETH 0 JR
TCanter- Estates Clydesdale llr
768 13237
DOTSON, CHARLES A LOUANN
Streets Terciary Roads
Primary Roads VNnthester City Roads
/N/ Secondary Roads oVAR1306_ClitlordSlalion_Lot37
768 1 3 238
SOMMER, PHILIP W
76A 1 39
KETTERMAN, CHARLES D JR
76A 1 35
STATON, CLIFFORD EUGENE
76A 1 34
GUFFEE, KERI 8
Lot 37
Variance 13 06
(76A -1- 37)
78A 1 32
MICHAEL, JASON
76A 1 31
PITCOCK PARTNERS, LLC
76A 1 30
PITCOCK PARTNERS, LLC
a t26
Frederick County Dept of
Planning Development
107 N Kent St
Wnchester, VA 22601
www.CO. FREDE RI CK.VA. US
May 17, 2006
CANTER ESTATES•HOMEOWNERS ASSOC•INC
Estates
Clyd
DOTSON, CHARLES A 8 LOUANN
76B 2 3220A
CANTER ESTATES HOMEOWNERS ASSOC INC
PHILIP W
STATON, CLIFFORD EUGENE
76A 1 36
STATON, CLIFFORD EUGENE
9 n 1
mum
CLIFFORD EUGENE
4.
Streets Terdary Roads
/d/ Primary Roads Winchester City Roads
Secondary Roads OVAR1306 CliffordStation Lot37
Lot 37
Variance 13 06
(76A -1 -37)
0 115
w
N
7 10
Frederick County Dept of
Planning Development
107 N Kent St
Winchester, VA 22601
www,CO,FREDERICK.VA.US
May 17, 2006
Fee Paid:
Sisn Deposit
;'Variance Ajiplication No. /3 OG
Submittal Date: /4/f,
APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
initials:
OFFICE USE ONLY-
ADDRESS: 16 E Piccadilly St. ADDRESS:
Winchester VA 22601
TELEPHONE: 540- 667 -3233 TELEPHONE:
Funkhouser Lot 35 (Canter Estates)
Front Royal Pike (VA State Rte. 522)
Submittal Deadline:
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:
3. The property is located at (give exact directions and include State Route
numbers):
109 Callaway Ct. Stephen's City
I) 6 lU II \a !k
a 110 io
L
4. The property has a road frontage of 50' feet and a depth of 160' feet
and consists of 0.1845 acres and 8,039 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 -37
8. The existing zoning of the property is: -RP Rik
9. The existing use of the property is: Vacant
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
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, RP setbacks prevent any structures adjacent parcels
have received similar variance
13. Additional comments, if any:
Sommer, Philip W.
Address: 114 Callaway Ct.; Stephen's City VA
22655
Property ID# 76B -1 -3 -238
Ketterman, Charles D. Jr.
Address: 105Callaway Ct; Stephen's City, VA
22655
Property ID# 76A -1 -40
Dotson, Charles A
Address:316 Clydsdale Dr.; Stephen's City, VA
22655
Property 1D# 7613-1 -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 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
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:
1. BOUNDARY SHOWN HEREON WAS DETERMINED BY A FIELD RUN SURVEY
PERFORMED BY ARFZ ASSOCIATES ON MAY 18, 2006.
2. THIS PLAT IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
3. NO TITLE REPORT FURNISHED.
LOT 36
a
m
0
h
N
O
11.0'
CALLAWAY COURT
N 13'57'15" I N 50.01'
m
60' BRL
0RC
28'
PROPOSED DWELLING
28'
60' BRL
LOT 37
8,039 SF
S 13'12'27" E 50.00'
FRONT ROYAL PIKE
PROPOSED CONDITIONS FOR
LOT 37
PRESENT OWNER:
GENE STATON
TM #76A -1 -37 DB 449 PG 378
PROJECT 121748
m
11.0'
FUNKHOUSER LOTS
OPEQUON DISTRICT, FREDERICK COUNTY, VIRGINIA
SCALE: ?I 7. 20' DATE: MAY 19, 2006
LOT 38
R/{
SHEET 1 OF 1
Z 15710019781
o4 \C H OF 43
u MICHAEL M. ARTZa
No. 1951
5/
444 SURAC
Jr,
7
Artz and f a P Valley
IMO SURVEYING IAVC PW+MHG OE1'ELOPVEM
16 East Piccadilly Strati
WINCHESTER. VA. 12601 -1740
TEL 610- 667 -3213 FAX 510- 667 -9168
TOLL FREE 1- 800 755 -7220
DATE c /9'/
SIGNATURE I, A'PLIC
AGREEMENT
VARIANCE J,? —o
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.
1 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.
SIGNATU F OWNER LGfi�i,*c
DATE, 5// 9 /b (If other than applicant)
OFFICE USE`` NLY-
BZA PUBLIC HEARING OF G /,,1 0/0'
APPROVAL SIGN
go ,4.
ACTION:
_Ir
B, A CHAIRMAN
DENIAL DATE:
daI Limited Power of Attorne.
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 er�}l By hese P P resents: That 11 (We)
(2
(Name) 1ox oL CE S44 E. (Phone) 54/ o 93'S- .70 6 5
(Address) CJ d t e c r pi//, OOH
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
on Page and is described as
Section: Subdivision: 7 HA-0 S 'e ,p
Instrument No.
Parcel: Lot:37 Block:
do hereby make,, co9stitute and oin
(Name) fiZ chcle/ �t2 .1 (ghone)oS70 e7-
(Address) /lo 2", cc a_c4e q C� e -4 Id, iJ 7.71 1/ 4 ,7e.
To act as my true and lawful attorney -in -'fact for and in my (our) n 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 u horization shame year the day it is signed, or until it is otherwise rescinded or
modified. i+ ha
Ai witness thereof, I (we) have hereto set my (our) hand and seal this 1q day of ,"`(,.(A1
200 (4,
Signature(s)
C 1/
State of Virginia, City of Coy Le To -wit:
1, AO i.s k1\1m €tNotary 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 \9 day of, 2001 n
My Commission Expires:
NOTES:
1. BOUNDARY SHOWN HEREON WAS DETERMINED BY A FIELD RUN SURVEY
PERFORMED BY ARTZ ASSOCIATES ON MAY 18, 2006.
2. TH15 PLAT IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
3. NO TITLE REPORT FURNISHED.
LOT 36
a
43
0
to
0
11.0'
CALLAWAY COURT
N 13'57'15" 1'Y 50.01'
60' BRL
28'
PROPOSED DWELLING
28'
60' BRL
LOT 37
8,039 SF
S 13'12'27" E 50.00'
FRONT ROYAL PIKE
PROPOSED CONDITIONS FOR
L0T37
co
FUNKHOUSER LOTS
OPEQUON DISTRICT, FREDERICK COUNTY, VIRGINIA
SCALE: 1" 20' DATE: MAY 19, 2006
PRESENT OWNER:
GENE STATON
TM #76A -1 -37 DB 449 PG 378
PROJECT #21748
LOT 38
ORTH
SHEET 1 OF 1
k 1 NST BASE D ON
02001 9782
0 H Op
1 4s
MICHAEL M. ARTZ;
No. 1951
44D suRVEy
7
Artz and Associates, PLC
A Gubaidiary of Valley Engineering, PLC
LAND SURVEYING LAND PLANNING DEVELOPMENT
16 East Piccadilly Street
WINCHESTER, VA. 22601 -4740
TEL 640 667 -3233 FAX 540- 667 -9188
TOLL FREE 1 -800- 755 -7320