The URL can be used to link to this page

Home My WebLink About19-06 ApplicationVARIANCE APPLICATION #19 -06 CHARLES AND CHRISTINE GILBERT Staff Report for the Board of Zoning Appeals Prepared: October 5, 2006 Staff Contact: Mark R. Cheran, Zoning Administrator 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: October 17, 2006 Action Pending LOCATION: 104 Richwood Court MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 75D- 4 -3 -82 PROPERTY ZONING USE: Zoned: RP (Residential Performance) Land Use: Residential ADJOINING PROPERTY ZONING USE: North: RP (Residential Performance) Use: Residential South: RP (Residential Performance) Use: Residential East: RP (Residential Performance) Use: Residential West: RP (Residential Performance) Use: Residential VARIANCE REQUESTED: Six (6) foot rear yard variance to allow for an attached screen porch. REASON FOR VARIANCE: Narrowness and shape of the lot. Variance #19 -06 Charles and Christine Gilbert October 5, 2006 Page 2 STAFF COMMENTS: This application is a variance to allow an encroachment of six (6) feet into the rear setback of this property. The property is zoned RP (Residential Performance) and has a square footage of 15,388 sq. ft. with a single family dwelling built on the property. The Frederick County Zoning Ordinance allows for lots in the RP Zoning District to range in size from 100,000 sq. ft. to 3,000 sq. ft. Section 165 -65 C of the Frederick County Zoning Ordinance, requires setbacks to be: 35 feet front, 10 feet sides, and 25 feet rear. Furthermore, Section 165 -23 F (3) the Frederick County Zoning Ordinance allows for decks to extend three (3) feet into the required setback provided the the deck comprises less than 1/3 the length of the wall of the primary structure. The Code of Virginia 15.2 -2209 (2), states that no variance shall be granted unless the application can meet the following requirements: 1) The strict application of the Ordinance will produce an undue hardship. 2) The hardship is not generally shared by the properties in the same zoning district and vicinity. 3) That the authorization of such variance will not be a substantial detriment to the adjacent property and the character of the district will not be changed by the variance. This application for a variance does not meet the requirements as set forth by The Code of Virginia 15.2 -2209 (2), that the strict application of the Frederick County Zoning Ordinance would produce an undue hardship. STAFF CONCLUSIONS FOR THE OCTOBER 17, 2006 MEETING: Staff would recommend denial of this variance application, as strict application of the Frederick County Zoning Ordinance does not produce an undue hardship as required by the Code of Virginia 15.2 -2309 (2). ROifl nrorlincs �a�muvonaz P °m'n Ce se�mery rre�$ evnaing. VAR #19.06 Charles Christine Gilbert Location Map (75D -4 -3- 82) 0 125 250 500 Feet rt b Road C.nnterllne< r,.us neuaenum a) KWIC u 0:33) p dU.r� n VAR# 19 -06 Charles Christine Gilbert Land Use Map (75D -4 -3- 82) 0 125 250 500 Feet 4, 4,,, j( U u m Road Cantenlnes I'vl '�..m. Timis VAR 19 06 Charles Christine Gilbert Zoning M] yw.o-,a. General o-1 t 1 eZ,R:IR...aa.�y�m,. �v,: ;aaa.ECOMIVI,ey P.mn, Zoning Map f321a+�. aI p NM) iM.. Smart Puna) B .,nN t..es.at fall H4 Om..Marra, Community PsU,bI Man 75D 4 3 82 i a l il 4. EM pima. pima. �k Eun,q [hand) R enamennai Reom4anu Community Cuing ME luny.. Emounmn Cuing RA (Rural area Ominrr) 0 125 250 500 _Mttiw.mu. Liam P.mui rrolReaarsel Feet 4* Ali 4 AV IJ rauv RoadCenntedines -.c. d v, +r aaa B Np� Banana, Tanks O Pans* VAR 19 06 Charles Christine Gilbert Aerial Map (75D -4 -3- 82) 0 125 250 500 Feet Cr gi 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) n 2. APPLICANT: Cher \es and Chrisifne NAME: (>i\ bet e ADDRESS l off Richwoal, Cov>c+ p hens Ci+7 \)A ZZCori5 TELEPHONE:c,N ??6 x- I Li 15 81 St o nto Tas r J 2 SEP 7 2006 Page 5 of 9 OCCUPANT: (if different) NAME: ADDRESS: TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): /Kerns town FA 11'51-rt Rf51-11- r� l-e�t oio WGrrcor Dr,Ve. i_eS+ onto f.1 Cy i C■e tenharn R ht c_rnyEO in(Pnt, l e „nto 'PI cch WOO A_ CUvc JOH R'Chwo0 6 Ct. StePhenS C; 1-y l V/t Z2Co S 5 4. The property has a road frontage of feet and a depth of IR H, WI feet and consists of .33 acres (please be exact). e tig4 39 wasfir 5. The property is owned byr \e' onc\ C"n c stlne G I∎\IP t as evidenced by deed from CPn ex N( >mP� recorded (previous owner) in deed beek -no. t■kon- page 05003.5 .9 of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: Sh 7. Property Identification No.: 1 S 0- -4 -S- W 2. 8. The existing zoning of the property is: re den Q` 9. The existing use of the property is: l v\q 1 e 10. Adjoining Property: USE ZONING North Sn40 Qmlt� (es;der k a East Si' t Sfl n, resicletn South Sir-le "ra 1/41 resideniia 1 West a Ce l 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 (n rear V CAC6 V On c ace V CZn a }iache� Scceer, pocch with S1e-pS 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 NI orinnce i5 Cot t3h t heccRASe. o exce?tiooal narrowness rine Shams. a rear y a -a pcoperty Page 6 of 9 MGiMhev f ca'ca- ChriSi'ne "SAC Address 105 9lcchwt.)06.) Court Property ID 7 55 D 9 3 g I Emil sex, \al11cUgl-ooi Address II\ WOc \h COC..uri- Property ID -I.5 D W 3 9 5 Wi11ie Qnd t_Qurl Hi11SecC Address lU S \Rcxth■n, C_ Property ID -75 D H 3 9 D a v a. Utah N cern' .si in al Address O Z Ri C o c c a C c ft Property ID 7 5 0 W 3 83 Address Property ID Address Property ID Address Property ID Address Property ID 13. Additional comments, if any: NAME 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: Page 7 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. Page 8 of 9 c am as veto ds=tm dog pad Om b boa aka= m hem coda d odedwardod dtudoo EA' rand to bx =IS by d, yea as load and 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 DATE ,�e.a. SIGNATURE OF OWNER BZA PUBLIC HEARING OF /0/17 /j ACTION: DATE SIGNED: APPROVAL AGREEMENT VARIANCE J9 -'b6 (Number to be assigned by the Planning Dept.) (if other than applicant) OFFICE USE ONLY- BZA CHAIRMAN DATE: Page 9 of 9