HomeMy WebLinkAbout20-06 ApplicationVARIANCE APPLICATION #20 -06
DONALD C. ADAMS
Staff Report for the Board of Zoning Appeals
Prepared: September 25, 2006
Staff Contact: Lauren E. Krempa, Zoning Inspector
This report is prepared hythe Frederick County Planning Staff to provide information to the Board
of Zoning Appeals to assist them in making o decision on this request. It may also he usef d to
others interested in this zoning matter.
BOARD OF ZONING APPEALS HEARING DATE:
October 17, 2006 Action Pending
LOCATION: Pair View Subdivision, Lot 1, off Old Bethel Church Road (Route 608)
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 30- A -144A
PROPERTY ZONING USE: Zoned: Rural Areas (RA) District
Land Use: Residential
ADJOINING PROPERTY ZONING USE:
North: Rural Areas (RA) Use: Vacant
South: Rural Areas (RA) Use: Residential
East: Rural Areas (RA) Use: Residential
West: Rural Areas (RA) Use: Residential
VARIANCE REQUESTED: 40 foot right:side yard variance and 35 foot left side yard variance
(resulting in a 10 foot right side yard and a 15 foot left side yard) for a single family dwelling.
REASON FOR VARIANCE: Subdivision was created in 1947; parcel predates existing Zoning
Ordinance requirements.
Variance #20 -06 Donald Adams
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 -1 (Agricultural Limited). The property setback lines at the adoption of the
zoning ordinance were 35 feet for the front yard setback and 15 feet for the side yards. Frederick
County amended its Ordinance in 1989 to change the zoning district 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 10 feet on
the right and 15 feet on the left.
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 40 foot right side yard variance and a 35 foot left side yard variance in
order to build a house of 2,486 square feet. Should this variance be granted, the building setbacks
for this property would be 60 feet in the front, 50 feet in the back, 10 feet 011 the right side and 15
feet on the left side. It appears that this variance does meet the intent of the Code of Virginia,
Section 15.2 -2309 (2). This request from the current setbacks of the RA zoning district may he
ustified.
30 A 154
WHITAGRE, LESLIE WILLIAM
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VAR #20 -06
Donald Adams
Location Map
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HOOVER, HOWARD T
30 A 1348
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WH17AGRE, "LESLIE WILUP.M
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VAR #20 -06
Donald Adams
Aerial Map
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Variance Application i To.
Submittal Date: 1 /A 0
Fee Paid:
Sign Deposit
APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
initials:
MUST BE TYPED OR FILLED OUT IN INK PLEASE PRINT
1. The applicant is the owner other I (Check one)
2. APPLICANT: OCCUPANT: (if different)
NAME: Michael M. Artz NAME:
ADDRESS: 16 E. Piccadilly St. ADDRESS:
Winchester, VA 22601
TELEPHONE: 540 -667- 3233 TELEPHONE:
3. The property is located at (give exact directions and include State Route
numbers):
0.3807ac Old Bethel Church Road
Fair View Subdivision
VA Rte. 608
OFFICE USE ONLY-
Submittal Deadline
For the meeting of
/0// 7 f06,
4. The property has a road frontage of 86' feet and a depth of 240 feet and
consists of 0.3807 acres and 16,584.4 sq. ft. (please be exact).
5. The property is owned by Donald C. Adams as evidenced
by deed from Robert A. Cather recorded (previous owner) in deed book
no. 693 on page 296 of the deed books of the Clerk of the Court for Frederick
County. Please attach a copy of the recorded deed.
6. Magisterial District: Gainesboro District
7. Property Identification No.: 30- A -144A
8. The existing zoning of the property is RA
9. The existing use of the property is: Vacant
SEP 1 2 2006
r P 1 2 2006
9
1 S
10. Adjoining Property:
USE ZONING
North Old Bethel Church Road
East Residential RA
South Residential RA
West Residential 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.
40' side yard Variance- Right
35' side yard Varicance -Left
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
Subdivision was created in 1947, the parcel pre -dates existing zoning
Requirements.
13. Additional comments, if any: 0.3807ac consolidated Ints. 060016974
Proposed house is 2,486 sq. ft.
Mauzy, Marvin J. Dixie D.
Address:1480 Old Bethel CH. Rd
Property ID# 30 A 136C
Markely, Kenneth R
Address:1500 Old Bethel CH. RD
Property ID# 30 A141 B
Adams, Don C
Address:1498 Old Bethel Church RD
Property ID #30 A 142
Riddle, Aaron C
Address: 1496 Bethel Church RD
Property ID #30 A 144
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.
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.0016974
FINAL PLAT, CONSOLIDATION of LOT 1 the SOUTHERN
HALF of LOT 2, FAIRVIEW SUBDIVISON
Donald C. Adams
TM #30- A -144A Deed Book 947, Page 459
August 23, 2006 Zoned RA
Gainesboro District, Frederick County, Virginia
SURVEYOR'S CE 2TIFICATE:
1, Michael M. Ariz, a duly authorized land surveyor, do hereby certify that the land hereby consolidated is
in the name of Donald C. Adam and was acquired stated )n the 0 's ificate.
L
2c 1 5 1 °-/6
date
Amanda K U9huiar
NDTARY PUBLIC
Ib 6p4es Argin010
Certified Land Surveyor
0
OWNER'S CERTIFICATE:
The undersigned fee simple owner hereby certifies that the laud herein consolidated is all of the land
acquired by Donald C. Adams by deed dated September 14, 1999 and recorded in Deed Book 947, Page
459. Said deed being of record in the Clerk's Office of Frederick County, Virginia. This consolidation as it
appears on the accompanying plats is with the free consent and in accordance with the desires of the
undersigned owners of said land and the same is hereby confirmed and submitted for record in the Clerk's
Office of Frederick County, 6° /J
Donald C. Adams
NOTARY CERTIFICATE:
STATE OF VIRGINIA; CITY /COUNTY OF 42/1 to -wit:
The foregoin wners c nsent and dedication was acknowledged before me this
15 day of 20 Q4 1
1 1/30/A 0 /6: 2
My commission expires
CERTIFICATE OF APPROVAL
This consolidation is approved by the undersigned in accordance with existing subdivision regulations and _:ig
may be admitted to record.
Frederick County Subdivision Administrator
SHEET 1
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.0016974
FINAL PLAT, CONSOLIDATION of LOT 1 the SOUTHERN
HALF of LOT 2, FAIRVIEW SUBDIVISON
Donald C. Adams
TM #30- A -144A Deed Book 947, Page 459
August 23, 2006 Zoned RA
Gainesboro District, Frederick County, Virginia
SURVEYOR'S CE 2TIFICATE:
1, Michael M. Ariz, a duly authorized land surveyor, do hereby certify that the land hereby consolidated is
in the name of Donald C. Adam and was acquired stated )n the 0 's ificate.
L
2c 1 5 1 °-/6
date
Amanda K U9huiar
NDTARY PUBLIC
Ib 6p4es Argin010
Certified Land Surveyor
0
OWNER'S CERTIFICATE:
The undersigned fee simple owner hereby certifies that the laud herein consolidated is all of the land
acquired by Donald C. Adams by deed dated September 14, 1999 and recorded in Deed Book 947, Page
459. Said deed being of record in the Clerk's Office of Frederick County, Virginia. This consolidation as it
appears on the accompanying plats is with the free consent and in accordance with the desires of the
undersigned owners of said land and the same is hereby confirmed and submitted for record in the Clerk's
Office of Frederick County, 6° /J
Donald C. Adams
NOTARY CERTIFICATE:
STATE OF VIRGINIA; CITY /COUNTY OF 42/1 to -wit:
The foregoin wners c nsent and dedication was acknowledged before me this
15 day of 20 Q4 1
1 1/30/A 0 /6: 2
My commission expires
CERTIFICATE OF APPROVAL
This consolidation is approved by the undersigned in accordance with existing subdivision regulations and _:ig
may be admitted to record.
Frederick County Subdivision Administrator
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VIRGNA: Pbkfck COUNTY.SCP.
This instrument of writing was produced to me en
€5k_tobef,__A
a ndah cerinicitc acknowitticvnlein thcreto annexed
Uteri ijo row/a impaled hy Scc. 58.1-802 of
arn: 5S.1-301 bane becu paid, if atiessable.
Clerk
SIGNAT F PP I ANT
DATE On-lW•aco
AGREEMENT
VARIANCE D D 6
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 OWNER 4444/1
DATE 0g 18 (If other than applicant)
APPROVAL SIGNi q
OFFICE SE ONLY
BZA PUBLIC HEARING OF /O /1 /06 ACTION
Abe, I
Po.-Ac
BZ CHAIRMAN
Cu)
DENIAL DATE:
Instrument No.
Signature(s)
Notary Public
Special Limited Power of Attorn
County of Frederick, Virginia
Planning ice, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601
Phone 540 -665 -5651
Facsimile 540- 665 -6395
Know All Men By These Presents: That I (We)
(Name) Don Adams (Telephone) 540 -664 -6156
(Address) 1498 Old Bethel Church Road; Winchester, VA 22603
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
Parcel: Lot: 1 Block: Section: Subdivision: Fairview Subdivision
do hereby make, constitute and appoint:
(Name) Michael M. Artz ,LS (Telephone) 540 -667 -3233
(Address) 16 E. Piccadilly Street; Winchester, VA 22601
to act as my true and lawful attorney -in -fact for and in my (our) name, 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 attomey -in -fact shall have the authority to offer predconditions and to make amendments to previously
approved proffered conditions except as follows:
This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified.
In witness thereof, I gj e hereto se y (our) hand and seal this day of 200 LP
t eYi
to -wit:
State of.'Virginia, City /County of
I, �ylY1 in ne C) a Notary public in and for the jurisdiction aforesaid, certify that
The Oerson(sywho_signed to the regoing instrument and who is (are) known to me, personally appeared
befpr ;meand s ackn wledged the same before me in the jurisdiction aforesaid this
day of tltlgl 200 jp
My commission expires: b2.- 2�'0�