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Home My WebLink About18-06 ApplicationVARIANCE APPLICATION #I8 -06 Z. L. METZ CONTRACTING, L.L.C. Staff Report for the Board of Zoning Appeals Prepared: September 25, 2006 Staff Contact: Lauren E. Krempa, Zoning Inspector This report is prepared by the Frederick County Planning Stall to provide information to the Board of Zoning Appeals to assist them in making a decision on this reque.s/. 1/ may also be usejid to others interested in this zoning matter. BOARD OF ZONING APPEALS HEARING DATE: October 17. 2006 Action Pending LOCATION: Right side of East Parkins Mill Road (Route 644), approximately 1,260 feet from the intersection of Route 50 East and East Parkins Mill Road MAGISTERIAL DISTRICT: Shawnee PROPERTY II) NUMBER(S): 77 -A -51 PROPERTY ZONING USE: Zoned: RA (Rural Areas) Land Use: Vacant ADJOINING PROPERTY ZONING USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Residential VARIANCE REQUESTED: 35 foot side yard variance on both sides (resulting in 15 foot side yard setbacks) for a single family dwelling REASON FOR VARIANCE: Narrowness in the front of the property Variance #1 8 -06 Z. L. Metz Contracting, L.L.C. September 25, 2006 Page 2 STAFF COMMENTS: Frederick County adopted 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 feet for the fronts and 15 feet for the side yards. Frederick County amended its Ordinance in 1989 to change the A -2 zoning districts to the current RA (Rural Areas) Zoning District, making the current setbacks for the property: 60 feet to the front. 50 feet to the rear, and 50 feet to both sides. This variance would change the setbacks for the side yards to 15 feet. STAFF CONCLUSIONS FOR THE OCTOBER 17, 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 35 foot side yard variance on both sides. Should this variance be granted, the building setbacks for this property would be 60 feet in the front, 50 feet in the back, and would change to 15 feet on both 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. Rood CenUrlines smarm, Soant Ae ^•TMs 7e. dIMP O P� VAR 18 06 Z.L. Metz Contracting Location Map (77 -A -51 0 75 150 Feet 300 ir r c 4 t l e T 41g ■40;' WikITAGIzZ,110(Ati DONA.LC 0r OW 1 :4 ft 'A: .1., ar^e •'i 01P ;d t” N'. 1 A' 4 41 .9.' tleikrV,0*.A.LpeRT 6 K11 0 P...$ 11 P. 43. DAVIS, GORA LE.E VAR 18 06 Z.L. Metz Contracting Aerial Map 77 A 51 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA is AUG 3 1 2006 t F. FFICE USE 0 MUST BE TYPED OR FILLED OUT IN INK PLEASE PRINT 1. The applicant is the owner _X other (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME:_Z. L. Metz Contracting L.L.C. NAME: ADDRESS P.O. Box 2999 ADDRESS: Winchester, Va 22604 TELEPHONE: 540- 678 -1667 TELEPHONE: 3.The property is located at (give exact directions and include State Route numbers): Property is located on the Right side of East Parkins Mill Road (Secondary Route #644). Approximately 1260ft(0.23mi from the Intersection of Rt. 50 E. and E. Parkins Mill Road. 4. The property has a road frontage of _69.54 feet and a depth of 488.41 feet and consists of _1.35149 acres (please be exact). 6 The property is owned by _Z. L. Metz Contracting L.L.C. as evidenced by deed from Robert R. Kennedy recorded (previous owner) in Instrument no. 060008783 in the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: _Shawnee 7. Property Identification No.:_77 -A -51 8. The existing zoning of the property is: RA 9. The existing use of the property is: Vacant 10. Adjoining Property: USE ZONING North SFD RA East _SFD RA South SFD RA West _SFD 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 35ft sideyard variance on both sides of the lot for placement of a house 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 The lot is exceptionally narrow in the front. 7 Paul L.Davis Address: 40 Pidgeon Hill Dr. Sterling, VA Property ID 77 -A -50 Charles L. and Ella Mae Tinsman Address: 236 E. Parkins Mill Rd. Winchester, VA 22602 Property ID 77 -A -52 Marie D. and Robert Watts Address: 3361 Millwood Pike Winchester, VA 22602 Property ID 77 -A -44 Albert C. and Kimberly D. Franklin Address: 110 E. Parkins Mill Rd. Winchester, VA 22602 Property ID 77 -A -49 Hugh Donald Whitacre Address: 190 E. Parkins Mill Rd. Winchester, VA 22602 Property ID 77 -A -49B J &W Landscaping Inc. Address: 233 E. Parkins Mill Rd. Winchester, VA 22602 Property ID 77 -A -62 Kay W. Orndorff Address: 321 E. Parkins Mill Rd. Winchester, VA 22602 Property ID 77 -A -61 13. Additional comments, if any: Steep Topography and location of drainfield eliminate the option of house placement in the rear of the lot. 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 8 I 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 NOT T HIS PL WAS PREPARED REPARED WITHOUT THE BENEFIT OF A TITLE REPORT AND MAY NOT NECESSARILY INDICATE ALL ENCUMBRANCES ON THE PROPERTY. 2. THE PROPERTY DELINEATED ON THIS PLAT IS LOCATED ON TAX MAP NUMBER 77- ((A))- AS LOT 51 AND IS ZONED: RA. 3. THE PROPERTY SHOWN HEREON IS LOCATED WITHIN ZONE "C AN AREA OF MINIMAL FLOODING, AS SHOWN ON FLOOD INSURANCE RATE MAP OF FREDERICK COUNTY, VIRGINIA, COMMUNITY PANEL NUMBER 510063 0200 8, EFFECTIVE DATE: JULY 17, 1978. 4. IRON PIPES WILL BE SET AT ALL CORNERS NOT PREVIOUSLY MONUMENTED UPON APPROVAL OF THIS APPLICATION. 5. DENOTES:POTE:NTIAL OVERLAP CREATED IN DEED BOOK 914 AT PAGE 988 WITH AN AREA OF 249 SO.FT.±. 6. THE OUTER BOUNDARY OF PARCEL "B" WAS RECREATED USING ORIGINAL PLATS DESCRIPTIONS FOUND IN DEED BOOK 208.,.... AT PAGE 78, AND DEED BOOK 678 AT PACE 775. 7. ALL ELEVATIONS BASED ON ASSUMED LOCAL REFERENCE DATUM. 5 0' 4'06'02" E I� 243.42 ALBERT C. d KIMBERLY 0. =Rk KUN TA'( MAPs71-- (,(A)) PARCEL. -09 DEED BOOK. 914 PAGE 988 ZONED: RA USE: SINGLE FAMILY R ES )E:N!1.AL 7 LINE TABLE 50' 1 NO# L1 BEARING 5 6716'57" E DISTANCE 69.54' SCALE: 1" 50' VARIANCE EXHIBIT SHOWING LAND OF Z. L. METZ CONTRACTING, L.L.C. PARCEL "B" TAX MAP #77 -((A)) -LOT 51 INSTRUMENT #060008783 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SINS MILL RO IA SECO, DARY ROUT ESCRIP7)IVE RIGHT I VIRG (30' P 644 AY) L1 E TING 1 POW POLE 0 i I'm P. z I I 60 B.R L. 01 1 15.75 "1 0 -P RC F:L \50 2L 1 .0076786 R ..R -..1 °11 d `I NV� \lin. 1000 m A A N 5 62'59'16" E 152.k1' �A a O r, A A 1 V 1 \'PP(2 X1�STING A A r. m V V I DRAww I,OCTIO v I'D, NUL(BE 06504120 1 00' 6,'4 8" \ii PQRCEL��_ zo O\_,� E zlsTw tri.r SQ.FT.±) FENCE 5.56. PROPOSED HOUSE 0 A 0 3767I N \l,`5149,ACRESt� z /xiSTINc EPA, TANK c/ A 1 I i 0 rr SET BACKS FRONT: 60' SIDE: 50' REAR: 50' SHEET 1 OF 1 SCALE: 1" 50' DATE: 8/24/06 CONTOUR INTERVAL 2' DRAWN BY: MTD CHECKED BY: CJR TAX MAP #77 -A -51 INSTRUMENT #06 -8783 URBAN ENGINEERING ASSOC., INC. CIVIL ENGINEERS LANDSCAPE ARCHITECTS LAND SURVEYORS 210 FRONT ROYAL PIKE WINCHESTER VA 22602 PHONE (540) 450 -0211 FAX (540) 450 -0208 a,• .S AGREEMENT VARIANCE (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. 1 SIGNATURE OF APPLICANT SIGNATURE OF OWNER (if other than applicant) OFFICE USE ONLY- DATE BZA PUBLIC HEARING OF Id /./o ATE APPROVAL SIGNED: BZA CHAIRMAN DENIAL DATE: 10 ACTION: NOTES: 1. THIS PLAT WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT AND MAY NOT NECESSARILY INDICATE ALL ENCUMBRANCES ON THE PROPERTY. 2. THE PROPERTY DELINEATED ON THIS PLAT IS LOCATED ON TAX MAP NUMBER 77- ((A))- AS LOT 51 AND IS ZONED: RA. 3. THE PROPERTY SHOWN HEREON IS LOCATED WITHIN ZONE "C AN AREA OF MINIMAL FLOODING, AS SHOWN ON FLOOD INSURANCE RATE MAP OF FREDERICK COUNTY, VIRGINIA, COMMUNITY PANEL NUMBER 510063 0200 B. EFFECTIVE DATE: JULY 17, 1978. 4. IRON PIPES WILL BE SET AT ALL CORNERS NOT PREVIOUSLY MONUMENTED UPON APPROVAL OF THIS APPLICATION. 5. DENOTES: POTENTIAL OVERLAP CREATED IN BOOK 914 AT PAGE 988 WITH AN AREA OF 249 SQ.FT.±. 6. THE OUTER BOUNDARY OF PARCEL "B" WAS RECREATED USING ORIGINAL PLATS DESCRIPTIONS FOUND IN DEED BOOK 208. AT PAGE 78, AND DEED BOOK 678 AT PAGE 775. 7. ALL ELEVATIONS BASED ON ASSUMED LOCAL REFERENCE DATUM. 5 243.42 KIMBERLY F RAN '<L IN (..(A);1-- ''ARC EL. BOOK 914 PAGE 988 ZONED: Rx. SNGL.:- i::L,. LINE TABLE NO# L1 BEARING S 67'16'57" E DISTANCE 69.54' 0' 50' 100' x� MEWS= E—P', s' x SCALE: 1" 50' VARIANCE EXHIBIT SHOWING LAND OF Z. L. METZ CONTRACTING, L.L.C. PARCEL "8" TAX MAP #77 -((A)) -LOT 51 INSTRUMENT #060008783 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA PARKINS Ml. RO VIRGINIA SECONDARY ROUT (30' PRESCRIPTIIVE RIGHT DEED S 62'59'16" E 152. 37,67< 150' 'C1 EX'STING POWE POLE 60' B.R.L y CO tp- 01 lIP iriU O v v v APPR �EXISTING�\ o I 1 v Df?AINFIE �06ATION �4- \A CD, NUMB 06904120 V\ EXISTI A FENCE A V A 60'��:R.L� 35' 1;; S I F 1�5��F9,ACRESt' VV "e 58,'87,) FENCE SQ.FT.±) j;,0 4. 18 an 1' rn 1 J 78 7 o a 0 N D #644 -WAY) 15.5 PROPOSED HOUSE /EXISTING 55PJIC TANK z y SET 8ACK$ FRONT: 60' SIDE: 50' REAR: 50' SHEET 1 OF 1 SCALE: 1" 50' DATE: 8/24/06 CONTOUR INTERVAL 2' DRAWN BY: MTD CHECKED BY: CJR TAX MAP #77 —A -51 INSTRUMENT #06 -8783 URBAN ENGINEERING ASSOC., INC. CIVIL ENGINEERS o LANDSCAPE ARCHITECTS LAND SURVEYORS 210 FRONT ROYAL PIKE WINCHESTER, VA 22602 PHONE (540) 450 -0211 FAX (540) 450 -0208