HomeMy WebLinkAbout15-06 ApplicationVARIANCE APPLICATION #15 -06
JAY MERGLER
Staff Report for the Board of Zoning Appeals
Prepared: July 31, 2006
Staff Contact: Mark R. Cheran, Zoning Administrator
This report is prepared by the Frederick County Planning Staff to provide in h oration to the Board
of Zoning Appeals to assist them in making a decision on this request. It may also he use /id to
others interested in this zoning matter.
BOARD OF ZONING APPEALS HEARING DATE:
August 15, 2006 Action Pending
LOCATION: High Street (Route 635), 0.1 mile on the right
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER(S): 91A03- 164 -15
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: Vacant
VARIANCE REQUESTED: 15 foot front yard variance and one foot rear yard variance for the
construction of a single family home
REASON FOR VARIANCE: The lot is exceptionally shallow and is bordered on three sides by
unimproved platted right -of -ways.
Variance Request #15 -06, Jay Mergler
July 31, 2006
Page 2
STAFF COMMENTS: This 1.72 acre property was part of the New Middletown Subdivision
created in 1890. 1n1967 Frederick County adopted zoning. The historical zoning map shows this
property was zoned A -2 (Agricultural General) and building restriction lines at the adoption of the
zoning ordinance were 35'front and 15' on the sides. In 1987 this property was subject to a lot
consolidation of 23 Tots with building restriction lines of 35'front and 15' on the sides. Frederick
County amended its Code in 1989 to change the rural zoning districts to the current RA (Rural
Areas) zoning district, making the building restriction lines for the property 60'front for all four
sides.
A variance request by Mr. Mergler on this property was heard and approved by the Board of Zoning
Appeals at their meeting of November 15, 2005. (Variance 23 -05) The request was for a ten foot
variance in the front and a 15'6" variance in the rear.
The owner is seeking a variance of 15 feet left side and one foot right side. Should this variance be
granted, the building setbacks for this property would be 35 feet left side, 43.5 feet right side and
would remain 60 feet front and rear.
STAFF CONCLUSIONS FOR THE AUGUST 15, 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.
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.
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Jay Mergler
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CARPER, JOSEPH A. &JUDITH C
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Jay Mergler
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May 31 06 02:32p
November 17, 2005
Mr. Jay Mergler
9991 Broadsword Dr.
Bristow, VA 20136 -1610
RE: VARIANCE REQUEST #23 -05
Dear Mr. Mergler:
7010S -2711 p.1
COUNTY of FREDERICK
Department of Planning and Development
540/665 -5651
FAX: 540/665 -6395
This letter is to confirm that the above- referenced application, originally submitted by Rodney
Butler, was approved by the Board of Zoning Appeals at their meeting on November 15, 2005.
On parcel bearing Property Identification Number 91- A -03- 164 -15, the Board approved a 10'
variance in the front and a 15'6" variance in the rear. The property is located on High Street
(Route 635), 0.1 mile on the right, in the Back Creek Magisterial District.
If you have any questions regarding this action. please feel free to call this office.
Sincerely.
ark R. Cheran
Zoning and Subdivision Administrator
MRC/bad
cc: Jane Anderson. Real Estate
John Trenary,Inspections
107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000
6
APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
initials:
FeePaid:
'Sign Deposit
OFFICE USE ONLY=
Variance Applicatio 1 No /C-0 Submittal Deadlines
Submittal Date: 7 .4, I/o For the meeting of
MUST BE TYPED OR FILLED OUT IN INK PLEASE PRINT
1. The applicant is the owner other X (Check one)
2. APPLICANT: OCCUPANT: (if different)
NAME: &H BUILDERS NAME: Jay K. Mergler
ADDRESS: 301 Hartsell Lane ADDRESS:9991 Broadsword Drive_
Stephens City, VA 22655 Bristow, VA 20136
TELEPHONE:_(540) 869 -0489 TELEPHONE: 929 -2521
3. The property is located at (give exact directions and include State Route numbers):
Traveling south on Main Street (Route 11) through Middletown, turn right on
First Street (Route 627) which turns into Chapel Road proceed 0.40 miles to
High Street (Route 635), turn left and travel about 225 feet to property on right.
4. The property has a road frontage of _600 feet and a depth of 125 feet
and consists of 1.722 acres (please be exact).
5. The property is owned by Jay K. Mergler as evidenced
by deed from _Stephen H. Underwood and Michelle Avda_recorded (previous owner)
in deed book no._050010424_ on page of the deed books of the Clerk of
the Court for Frederick County. Please attach a copy of the recorded deed.
6. Magisterial District: Back Creek
7. Property Identification No.:91 A03 164 15
8. The existing zoning of the property is: RA
9. The existing use of the property is: Vacant
10. Adjoining Property:
USE ZONING
North Vacant RA
East SFD RA
South SFD RA
West Vacant RA
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.
A 15.0' front yard and 1.0' rear yard variance for proposed house and
covered deck placement, in addition to the variance #23 -05) approved
November 17, 2005.
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
Exceptional shallowness of lot due to platted roads surrounding
the property.
7
H &H Builders
Address 301 Hartsell Lane, Stephens City, VA 22655
Property ID 91A03 -1 -C &G
Rhett A. Orndorff
Address 283 High Street, Middletown, VA 22645
Property ID 91A03 -1 -D &E
William J. Riley
Address 300 High Street, Middletown, VA 22645
Property ID 91A03- 156 -36
Wayside Inn Since 1797, Inc.
Address 7783 Main Street, Middletown, VA 22645
Property ID 91A03- 164 -3, 6 -10, 12,13,18 22
Helen Louise Shifflett
c/o Norma Orndorff
Address 965 Huttle Road, Middletown, VA 22645
Property ID #91A03 -164- 1,2,4,5,11,14,16,17,19 21,23&
24
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
13. Additional comments, if any: This parcel is bordered on three sides by
unimproved platted right -of -ways with paved road frontage only on one existing
roadway. The front setback provides about 78' from the existing edge of pavement.
8
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.
9
POWER
POLE
EXISTING EDGE
OF PAVEMENT
EXISTING
2 STORY
STU9CO BRICK
FIRST STREET
(NOT BUILT)
LE: 1" 60'
P
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77.9
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OWED;
POLE I
36.0
VARIANCE EXHIBIT
TRACT ONE
LAND OF JAY K. MERGLER
BACK CREEK MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
N 36'3 '43
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CONTOUR INTERVAL 2'
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60' BBL.
WN BY: CDL CHECKED BY: CDL
1: 6/26/06 REVISED:
.00D ZONE: C COMMUNITY NO 510063
PANEL: 0175 8 DATED: 7/17/78
ASSESSMENT MAP NUMBER: 91- A- 03- 164 -15
60 E
E T 7 1
SEE DETAI
ND STREET
NOT BUILT)
47 0'
41.0
CIVIL ENGINEERS
00
ID
5 36'32'43" E 125.00'
FIRST STREET
(NOT BUILT)
BL.CCK 64
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N 27.33'
PROPOSFO HOUSR
DETAIL,
SCALE: 1 =25'
IDELOAD
GARAGE
URBAN ENGINEERING ASSOC., INC.
LANDSCAPE ARCHITECTS
210 FRONT ROYAL PIKE
WINCHESTER VA 22602
(540) 450 -0211
T A K
FRONT: 60'
SIDE: 60'
REAR: 60'
LAND SURVEYORS
Jul 19 06 09:03p jam
JUL -20 -2006 04 :29 AM
DUILDERS.INC_
07/19/2006 16:29 5484500210
AGREEMENT
VARIANCE# /6
tra m:w m be aufgned by the Pranafnz 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 flout property line at least mat days [trim to the BZA oublic 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 7 gage V. P
DATE 1 o
SIGNATURE OF OWNER ��0"
DATE 1 19 D CP
(if athdr than icant)l
BZA PUBLIC HEARING OF o/ 7 E 6 ACTION:
-DA
APPROVAL
DENIAL
OFFICE USE ONLY
7031630-2711
54113 9 2759
LIRBAN ENGINEERING
P.03
PAGE 02/02
SIG
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DATE:
10
AIRMAN
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May 31 06 02:33p
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L/AEnssd Land Sarreyw
P.O. 601' /SOB
FRONT ROYAL VA. 22630
540- 635 5329
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DEED BOO' 667, PACE 84
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DATE 19 JULY 2001 SCALE' N 100
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TAX MAP #91- A- 03- 1 -41 -C, 91A- 03 -1 -G, and
91A- 03- 1- 64-15.
DEED
This Deed is made and entered into this /1 day of
2005, by and between STEPHEN H. UNDERWOOD
and MICHELLE AVDA, Grantors, herein called Grantors, and
JAY K. MERGLER, of 51Y9/ 4e0,9o�,ea 0e
1 9 7nd 4 20/3672,6/0 Grantee,
herein called Grantee,
WITNESSETH:
That for and in consideration of the sum of TEN DOLLARS
($10.00), cash in hand paid to the Grantors, and other good and
valuable consideration, the receipt of which is hereby acknowledged,
the Grantors do hereby grant, bargain, sell, and convey, with General
Warranty and English Covenants of Title, unto the Grantee, in Fee
Simple, the following described real estate, to -wit:
PARCEL ONE: ALL THAT certain tract or parcel of land
with all improvements thereon, together with all
appurtenances thereunto appertaining, lying and being
situate in Frederick County, Virginia, containing 1.722
acres, and being known and designated as Lots 25 through
48 inclusive, of Block 64 on the plat of the Middletown Land
and Improvement Company, of record in the Clerk's Office
of the Circuit Court of Frederick County, Virginia, in Deed
Book 107 at Page 300, as described on a plat prepared by
Larry C. Himelright, P.C., dated September 11, 1978, of
record in Deed Book 667 at Page 87.
PARCEL TWO: ALL THAT certain tract or parcel of
land with all improvements thereon, together with all
appurtenances thereunto appertaining, lying and being
situate in Frederick County, Virginia, containing 1.259
acres, situate along the West side of Route 627, and
0
cn
more particularly descri`5ec on the prat o' survey
prepared by:Awry C. 3ime:rig t, ?.C., dated
September 1 1987, of record in 'Deed Book 667 at
?age 87.
>'ARcZ 'C llCi ALL T3AT certain tract or parcel
of :and with ail improvemeni:s thereon, together with all
appurtenances thereunto appertaining, lying and being
situate in :Frederick County, Virginia, containing 1.763
acres, andl more particularly described on the plat of
survey prepared) by Larry C. Himelright, P.C., dated
Septemier '.,1987, of record in Deed Book 667 at
?age 87.
'The aforesaid property is a portion of the same real estate
conveyed to the Grantors herein, by deed dated the 25 day of July,
2001, from Earl L. Austin and Marie J. Austin, husband and wife, said
deed being of record in the aforesaid Clerk's Office as Instrument No.
010009682.
Reference is hereby made to the aforesaid plats, deed, and
records for a more complete description and further derivation of title.
This conveyance is made subject to all restrictions, easements
and rights of way of record, if any, affecting the aforesaid real estate.
WITNESS the following signatures and seals:
egi ti l
Stephen H. U
ii
(SEAL)
(SEAL)
THIS INSTRUMENT WAS PREPARED BY Douglas C. Arthur, Attorney at Law, and the
preparer did not perform a title examination in connection with the preparation of this
instrument.
0
r
Cs)
STATE OF
TO -WIT:
I
The foregoing instrptent was acknov} ed before me
this day of 2005, by�$,t =,Q n H. U4dsrwood.
t., -A.
COUNTY 0?
My Commission Expires:
STATE OF YA
COUNTY OF LAW TO -WIT:
The foregoing instn ent was acknowled d bef• me
this 1 day of 2005, by Mic�4fy1
VIRGINIA: FREDERICK COUNTY, SCT.
This instrument of writing was produced to the on
/7, aoos at
and th certificate of acknowledgement thereto Titnetted
was admitted to record. T imposed by Sec 58.1.802 of
1 and 58.1 -801 have been paid. if assessable
r re--v Clerk
l
I
My Commission Expires: f 4
r
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OF
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