HomeMy WebLinkAbout14-06 ApplicationVARIANCE APPLICATION #14 -06
GREGORY RINARD
Staff Report for the Board of Zoning Appeals
Prepared: July 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 /his request. It may also be useful to
others interested in this zoning matter.
BOARD OF ZONING APPEALS HEARING DATE:
July 18, 2006 Pending
LOCATION: 5978 Valley Pike (Route 11)
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER(S): 85 -A -31
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: RA (Rural Areas) Use: Residential
VARIANCE REQUESTED:
A 6' front yard variance and a 21' side yard variance on both sides
REASON FOR VARIANCE:
Front setback needs to accommodate septic and side setbacks because of narrowness of lot.
Variance Request #14 -06, Gregory Rinard
July 2006
Page 2
STAFF COMMENTS:
This property was created in 1954. Frederick County adopted performance zoning in1967. The
Frederick County historical zoning map shows this property was zoned A -1 (Agricultural Limited)
in1967. The property setback lines at the adoption of the zoning ordinance were 35' for the 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' to the
front, 50' to the rear, and 50' on both sides.
STAFF CONCLUSIONS FOR THE JULY 18, 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 6' in the front and 21' on both side yards to build a residential
structure of approximately 1,494.5 square feet in size. Should this variance be granted, the building
setbacks for this property would be 54' in the front, 50' in the back, and 29' on the sides. 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.
85 A 32
MANGUM,ALTON REEVES
2.33
it fe 61 :9'
0
0
85 A 43
MCDONALD, W DOUGLAS SHERRY E
36.61
85 A 29
TEAL, SUE ANNE
10.39
85 A 45
DALKE'S THEATRE, INC.
10.16
85 A 68
RAAIEY, SUE
20.35
awe Buffer N Secondary Raatla
Streets .'�:Ter�iary ROeCe
Primary Roam MIclwsler eey Roads
6 eeaaa,:.
vaniaas_arrooryRawre
Gregory Rinard
VAR 14 06
(85 -A -31
Frederick County Dept of
Planning Development
127 N Kent St
Winchester, VA 22601
nw ,.CO.FREDERICK.VA.US
June 26,2006
85 A 29
TEAL, SUE ANNE
10.39
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85 A 45
DALKE'S THEATRE, INC.
10.16
85 A 32
MANGUM, ALTON REEVES
2.33
85 A 68
RAMEY, SUE
20.35
35011 Buffer AO Secondary Rona
&M IS TereMq Roads
AePrImary Road. t'/ .W lo,. Mr Cry Roads
d i Etatitelmo.
406_GreporyRm.rd
Zoning
CZ) 81 (000ness. Nelpaaomood 00010)
a2 @ugne.s, General 0 010)
B) )000mss, )ndu8.al Transition u0,n)
EM (Extorter. M.nureowrui80000)
HE ((mner Marion 04000)
Ow MI (Indu.EEal, LiOa1 Daldtl)
02 (I,04.mal, General District)
011 (MOE00 Home Comma.) 0®moO
NS onetl■al Support 00)0.1
P4 )Reeldenikl, 00.0000 Commonly SWIM)
00 (R..Id.n4.l 00000 brml Community 0001,00
RA( Rurelare.solarOI)
FP (R.sidenlal Performer.. 0%Iml)
1
Gregory Rinard
VAR #14 -D6
(85 -A -31
Frederick County Dept of
Planning 8 Deve)opment
107NKent St
Winchester, VA 22601
www.CO.FREDERICK.VAUS
June 26, 2006
85 A 32
MANGUM,PLTON REEVES
2.33
4.25011 euner N Secondary Rawls
Streets ,N- Taman/ Roads
Pnmey Ronda vdncamer Cdy Roads
o VaR1a0s creyar1Rmard
Zon111g
;5_7 51 (Business. Nelenb0*000 Diund)
52 ()000805. General DNB0)
80 (8(.0000. Md(1etrial Tmnedbn DAMS
I. EM (E,dodm Menur0munne 0(1)00)
NE 005 Etluralim C.v.)
MI 0ndudnal, wag [imam)
M2 Qntludnal, General C.M.
ID MR1(Moab Noma Community 0058)
Ma 000052) Support 0808)
4EX.24 Rr (ResideMiS. Planned Community 0106!)
50 (Re0dent. Recreation. Community Ds..)
0.5(0.O4N0.0.436D0.140.1)
RP (Re1deStiet Performance DaYk1)
Gregory Rinard
VAR 14 06
(85 -A -31
Frederick County Dept of
Planning Development
107 N Kent St
Winchester, VA22601
www.0 O. FR EDER C K.VA US
June 26.2006
1
NAME:
ADDRESS
TELEPHONE: (n 01 010_3
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 other (Check one)
2. APPLICANT:
OCCUPANT: (if different)
NAME:
ADDRESS:
TELEPHONE:
3. The property is located at (give exact directions and include State Route numbers):
ht ;n S s
In tsc (1 4;77 red. bCi(Y. c on
S U (c 1 \-(0 -c,
4. The property has a road frontage of C 60 feet and a depth of 1 74' "feet
and consists of I (-AA acres (please be exact).
Page 5 of 9
111 6,, i inoild wI t3(0'f Aldo ch/'ldress
5. The property is o}/✓ned by J e r,(L\ �j e� (1CLCC�� as evidenced
by deed from II recorded (previous owner) in deed
book no. 22"9 d `217on page IS4 0 of the deed books of the Clerk of the
Court for Frederick County. Please attach a copy of the recorded deed.
6. Magisterial District: GPC'Cfxi.
7. Property Identification No.: sr j L-08' 113'•'1
p ft-31. j S�cl ildi �j`� I s cc.,- :60Si
home
8. The existing zoning of the property is: jC51 'C c/
9. The existing use of the property is: FynofiC
/OD OS A3 I it"/ c 4 -h i3) J
GtifhG G j /HGGSCon
10. Adjoining Property:
North Pe G U S 5esiho s ZO P G
East em dy ache e RA-
South ,n C RC/den/
West err ni 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.
Front- o-f Pr GLr ao cAnD /o f 6
Sides 2
:Sack G. var°1'<(
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
h
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on lot tor'QCGof oda fc S arc, S ic%3 L ecacs c cf 1'z;0
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Page 6 of 9
NAME
13. Additional comments, if any: at ThC Id A t-,4-3 1 )z.s Led?
sod fcs *d d G,o rroted by "MC Lcrc/ f l r{ +X h r.1:- o,7 n'4 kr/
Heat/ isfrf�7� Iir'(! t rl��n wt L /<rn cud/i% ace Of A 30 -M 06
lrfi/ -C inrcf drrw 'h ±o -fr v tbc S r p Conrco
v- frta t C,sc nccd5 4 -s u'cc todo 0h /3 r t& r cgifr f oi' M2
tztriaric &t-cc-/d �e needed LPty c to hiVC -/4n In 'frlc/y S4xn, 717Qmes
14. The following names and addresses are all of the individuals, firms, or corporations Sec
owning property adjacent to the property for which the variance is being sought, 4'
including properties at the sides, rear and in front of (across street from) the subject le
property. (Use additional pages if necessary.) These people will be notified by mail N
of this application:
oe
Page 7 of 9
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Address 1CIt 1 NC LC L t'lc lk_1*C.
Property ID fl to-
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Property ID S A I 11/45
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Address ,Sc )60 x 1 1L
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Address (nG Ca J
pt
Property ID R p _--,D 1
Address
Property ID
Address
Property ID
Address
Property ID
Address
Property ID
NAME
13. Additional comments, if any: at ThC Id A t-,4-3 1 )z.s Led?
sod fcs *d d G,o rroted by "MC Lcrc/ f l r{ +X h r.1:- o,7 n'4 kr/
Heat/ isfrf�7� Iir'(! t rl��n wt L /<rn cud/i% ace Of A 30 -M 06
lrfi/ -C inrcf drrw 'h ±o -fr v tbc S r p Conrco
v- frta t C,sc nccd5 4 -s u'cc todo 0h /3 r t& r cgifr f oi' M2
tztriaric &t-cc-/d �e needed LPty c to hiVC -/4n In 'frlc/y S4xn, 717Qmes
14. The following names and addresses are all of the individuals, firms, or corporations Sec
owning property adjacent to the property for which the variance is being sought, 4'
including properties at the sides, rear and in front of (across street from) the subject le
property. (Use additional pages if necessary.) These people will be notified by mail N
of this application:
oe
Page 7 of 9
Page 8 of 9
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.
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PROPOSED
DRAINFIELD
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TAX MAP PARCEL
85 -A -31
•5'
PO
W 100.00'
ROBERT O'NEAL LOTS
TAX MAP: 85 —A -31
W.O. 06 -00 -0000
H O
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VARIANCE APPLICATION PLAT
LAND OF
GREGORY RINARD
OPEQUON DISTRICT
FREDERICK COUNTY, VIRGINIA
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CHRISTOPHER D. FURSTENAU, L.S. PC
133 WEST BOSCAWEN STREET SUITE 2 WINCHESTER, VIRGINIA 22601
540 542 -1164 FAX 540 542-1183 SERVICES @CDFSURVEYS.COM
MEMBER VIRGINIA ASSOCIATION OF SURVEYORS
DATE: MAY 17, 2006
SCALE: 1' =50'
THIS IS TO CERTIFY THAT ON MAY 17,
2006 THAT I MADE AN ACCURATE
SURVEY OF THE PREMISES SHOWN
HEREON AND THAT THERE ARE NO
EASEMENTS OR ENCROACHMENTS
VISIBLE ON THE GROUND OTHER THAN
THOSE SHOWN HEREON.
AGREEMENT
VARIANCE a:
(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.
SIGNATURE OF APPLICANT
610 /3. -to(
DATE qa 66
SIGNATURE OF OWNER DATE
BZA PUBLIC HEARING OF
SIGN
AP'ROVA
DENIAL
(if other than applicant)
OFFICE USE ONLY-
O(v ACTION:
BZA CHAIRMAN
DATE:
Page 9 of 9
A
amMMITYP.
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BK916PG 1698
THIS DEED, made and dated this 30 day of September, 1998, by and
between RAYMOND W. BROY and BRENDA CHILDRESS Co-Executors of
the Estate of MYRA SNYDER BROY, hereinafter called the Grantors; and
GREGORY B. RINARD, hereinafter called the Grantee.
WITNESSETH: That for and in consideration of the sum of Ten Dollars,
and other valuable consideration, the receipt of which is hereby acknowledged,
the Grantors do hereby grant and convey with Special Warranty unto the Grantee,
in fee simple, the following property:
All of those three certain lots or parcels of land located on the
north side of U. S. Highway 11 (Valley Pike), in Opequon Magisterial
District, Frederick County, Virginia, amounting to 1.069 acres, more or
less, and designated as Lots 13 and 14 of the Lots of Robert O'Neal
and an additional lot to the West, all as more particularly described by a
plat and survey dated September 22, 1998, by David M. Furstenau,
L.S., attached hereto and by this reference incorporated herein;
AND BEING the same property conveyed unto Gillis G. Broy and
Myra G. Broy, husband and wife, as joint tenants with common law
rights of survivorship, by two deeds; the first from Robert E. O'Neal, et
al, dated November 5,1954, recorded in the Clerk's Office of the
Circuit Court of Frederick County, Virginia, in Deed Book 234, at Page
243, and corrected by deed dated November 30, 1955, recorded in the
aforesaid Clerk's Office in Deed Book 239, at Page 154, and the
second from Robert E. O'Neal and Irene C. O'Neal, husband and wife,
dated April 14, 1962, and recorded in the aforesaid Clerk's Office in
Deed Book 277, at Page 691; the said Gillis G. Broy died on
PO vzruSev 1 8, 19 d by the survivorship provisions of said deeds
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SCITCOWATLIDA
lea staccer.
WINCHEGRAVA
the said _property vested in his widow, Myra G. Broy, who subsequently
died on November 27, 1997, seized and possessed of said proEerty and
the Grantors herein qualified as the Co-Executors of her estate and they
were empowered and directed to sell her real estate by the terms of her
last will and testament dated January 31, 1986, with a codict7 dated
February 8, 1991, of record in the aforesaid Clerk's Office in Will Book
111, at page 1497.
Reference is hereby made to the aforesaid instruments and the attachments
and the references therein contained, for a more particular description of the
property hereby conveyed.
This conveyance is made subject to all easements, rights of way and
restrictions of record, if any, affecting the subject property.
WITNESS the folowing signatures and seals:
l� l 1. (Ac .y (SEAL)
RAYMOND W. BROY, Executor
p
l,llihtttitN ituak(SEAL)
B_2 NDA CHILDRESS, Executor
STATE OF VIRGINIA
CrSY of WINCHESTER, to-wit:
The foregoing instrument was ac[mow[edged before me in my
BROY and BRENDA CHILDRESS, and State this 30 day of &p[em bev ,1998, by RAYMOND W.
1 CHILDRESS, Co-'�xecutors of the Estate of Myra Snyder i
Broy.
My Commission Expires:
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and WN I1kd certificate al acknowledgment annexed
wef mllt4 recant Tee Imposed by
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THIS 19 TO CERTIFY THAT ON SEPTEMBER 22. 1998
I MADE AN ACCURATE SURVEY OF THE PREMISES SHOWN
HEREON AND THAT THERE ARE NO EASEMENTS OK
ENCROACHMENTS VISIBLE ON IRE GROUND OTHER THAN
THOSE SHOWN HEREON.
DEED REFERENCES: DB. 239 P. 154 DB. 277 P. 691.
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-ROUSE LOCRTION SURVEY
LOTS 13 14
ROBERT O'NERL 'LOTS
RNO RN RODITIONAL
DISTRICT
FREDERICK PEST
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FREDERICK COUNTY. VIRGINIR
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