HomeMy WebLinkAbout22-06 ApplicationPROPERTY ZONING USE:
Zoned: RA (Rural Areas)
Land Use: Vacant
VARIANCE APPLICATION #22 -06
FUNKHOUSER LOT 35
Staff Report for the Board of Zoning Appeals'
Prepared: October 6, 2006
Staff Contact: Mark R. Cheran. Zoning Administrator
This report is prepared by the Frederick County PlanningSia //lo provide information to the Board
of Zoning Appeals to assist them i making a decision on this request. /1 may also be usefiul to
others interested in this zoning master.
BOARD OF ZONING APPEALS HEARING DATE:
October 27, 2006 Pending
LOCATION: 113 Callaway Court
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER(S): 76A -1 -35
ADJOINING PROPERTY ZONING USE:
North: RA (Rural Areas) Use: Vacant
South: RA (Rural Areas) Use: Residential
East: RA (Rural Areas) Use: Residential
West: RP (Residential Performance) Use: Residential
VARIANCE REQUESTED:
A 20 foot front yard variance to Callaway Court and a 40 foot side yard variance on both sides
REASON FOR VARIANCE:
The lot predates the current zoning ordinance with regards to RA setbacks.
Variance Request #22-06 Funkhouser Lot 35
October 6, 2006
Page 2
STAFF COMMENTS:
Lot 35 is part of the Funkhouser Subdivision that was created in 1946 prior to Frederick County
adopting zoning in 1967; the Frederick County historical zoning map shows this property was zoned
A -2 (Agricultural General) in1967. The property setback lines at the adoption of the zoning
ordinance were 35 feet for both fronts and 15 feet 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 feet front, 60 feet rear, and 50 feet side setba
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 has proposed a lot consolidation of three (3) lots in an effort to meet the current RA
(Rural Areas) Zoning District setbacks. The consolidation of the three (3) lots will not meet the
current setbacks for the RA Zoning District. Staff would note that the proposed lot consolidation will
result in a non conforming RA lot of 11,000 sq. ft. in size. The character of the surrounding district
will not have changed as the lot sizes in this area are 12,000 sq. ft. to 15,000 sq. ft. in size.
STAFF CONCLUSIONS FOR THE OCTOBER 17, 2006 MEETING:
The applicant is seeking a variance of 40 feet on both side yards and a 20 foot front yard variance to
build a two -story residential structure of approximately 3,000 square feet in size. The Callaway
Court front variance is being requested so as to save a large white oak tree. Should this variance be
granted, the building setbacks for this property would be: 40 feet in the front, 60 feet in the back, and
10 feet on the sides. It is important to note that with the given setbacks the dwelling will fit the
appearance of the neighborhood. 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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VAR #23 -06
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S E P 2 5 2006
t
;ENT
Variance Application l'o.
Submittal Date: c)
Fee Paid:
Sign Depos
APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
initials:
+OFFICE USE ONLY
Submittal Deadline:
For the meeting of
1. The applicant is the owner
2. Applicant
Name: Artz Associates, PLC
Address: 16 E. Piccadilly St.
Winchester, VA 22601
Telephone: 540- 667 -3233
MUST BE TYPED OR FILLED OUT IN INK PLEASE PRINT
other (Check one)
Occupant (if different)
Name:
Address:
Telephone:
3. The property is located at (give exact direction and include State Route numbers):
113 Callaway Ct. Stephens City
Consolidated Funkhouser lot 35
Front Royal Pike, (VA State Rte. 522)
4.The property has a road frontage of 75' feet and a depth of 163.05
and consists of 0.2749 acres and 11,976 sq. ft. (please be exact).
feet
5.The property is owned by Gene Eugene Staton as evidenced by deed
from Clifford Eugene Staten; Hazel Inez Staton recorded (previous owner) in
deed book no. 449 on page 378 of the deed books of the Clerk of
the Court for Frederick County. Please attach a copy of the recorded deed.
6. Magisterial District:
7. Property Identification No.:
8.The existing zoning of the property is: RA
9.The existing use of the property is
Opeguen 711 wNEF
76A -1 -35
Vacant
10. Adjoining Property:
USE ZONING
NORTH Residential RA
EAST Rte.522
SOUTH Residential RA
WEST Callaway Court
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.
20' front yard variance to Callaway Ct.
40' Side yard variance on both sides
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:
BZA requested that consolidation be prepared and resubmitted. Lots predate existing
zoning ordinance, existing RA zoning side setbacks overlap there is no buildable area.
Front yard variance is requested to save large trees. Adjoining properties are very
similar in nature.
13. Additional comments, if any:
Gufee, Keri B
Address:115 Callaway Ct; Stephens City, VA
22655
Property ID# 76A -1 -34
Sommer, Philip W.
Address:114 Callaway Ct; Stephens City,VA
22655
Property ID# 76B -1 -3 -238
Dotson, Charles A
Address:316 Clydsdale Dr; Stephens City,VA
22655
Property ID# 76B -1 -3 -237
Happel, Kenneth 0. Jr.
Address:341 Clydsdale Dr.;Stephens City,VA
22655
Property ID# 76B -1 -3 -236
Ketterman, Charles D. Jr
Address Callaway Ct; Stephens City, VA
22655
Property ID# 76A -1 -40
Address:
Property ID#
Address:
Property ID#
Address:
Property ID#
14. The following names and addresses are all of the individuals, firms, or corporation
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 form) 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). Showing 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, drawing or photographs with this
application.
L
special Limited Power of Attorney
County of Frederick, Virginia
Planning Office, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601
Phone 540 -665 -5651
Facsimile 540 -665 -6395
Know All Men ,y These Presents: That I (We)
(Name)C1,,d- c9 5 fzk t1J (Phone) 6 b 9 _55 6 67
(Address) 'o e Y/ it) j' 6
the owner(s) of all those tracts or parcels o land Property") co veyed to me (us), by deed recorded
in the Clerk's
Office of the Circuit Court of the County of Frederick, Virginia, by
Instrument No. on Page and is described as
Subdivision: oucser
Parcel: Lot: 2 r Block: Section:
do hereby mak on titute Ind appoint:
(Name) Pi c [F e U eff r (Phone) J Ck 4> 4: 7
(Address) a ITIMIMMITSOMME, v .2 a
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:
Rezo g (Including proffers)
Conditional Use Permits
Master Development Plan (Preliminary and Final)
Subdivision
Site Plan
My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to
previously approved proffered conditions except as follows:
This aut rization shall pire one year from the day it is signed, or until it is otherwise rescinded or
modified.
In witness thereof, I (we) have hereto set my (our) hand and seal this j Al of
200
Signalyre(ss �y
State of Virginia, City /C un y of _O To -wit:
,r a Notary Public in and for the jurisdiction aforesaid, certify that the
person(s) who
signed to the foregoing instrument and who is (are) known to me, personally appeared before mc and
has acknowledged the same before me in the jurisdiction aforesaid thisj
day of 20
t a '31 DOO'1 My Commission Expires:
Notary 'ublic
AGREEMENT
VARIANCE ?R
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. 1 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.
,n,, n I 1
SIGNATU OF OWNER V 1.i -P /LL
DATE 5 D (If other than applicant)
OFFICE S NLY-
BZA PUBLIC HEARING OF /o o ACTION:
1Z APPROVAL SIGNED;
BZA I
DENIAL DATE:
NOTES:
1. BOUNOPRY SHOWN HEREON WAS DETERMINED BY A FIELD RUN SURVEY
PERFORMED BY ARTZ ASSOCIATES ON SEPTEMBER 3, 2003.
2. THIS PLAT IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
3. NO TITLE REPORT FURNISHED.
TT
60 B.R.L.
PROPOSED CONDITIONS FOR
CONSOLIDATION OF
L0T5 35, 36 37
PUT NORTH
INST. #020019792
TM #76B -1 -3 -238
DHILIP W. SOMMER
INST. #040009773
N 13'10'20” W 0.72' CALLAWAY COURT
N 77'24 E 3.89'
N 13'57'15" W
74.32
CONSOLIDATED
LOT 35
11,976 sq. ft.
75.00'
EXIST. DWLC
TO BE
REMOVED
0
W
O
N.
5 1312'27" E
CONSOLIDATED
LOT 37
12,046 sq. ft.
FRONT ROYAL PIKE
(US RTE. 522)
VARIABLE WIDTH R/W
FUNKHOUSER LOTS
OPEQUON DISTRICT, FREDERICK COUNTY, VIRGINIA
SCALE: 1" 30' DATE: AUGUST 25, 2006
PRESENT OWNER:
GENESTATON
TM #76A -1 -35, 36 37 DB 449 PG 378
PROJECT 21746
REBAR SET UNLESS
NOTED OTHERWISE
75.01'
60' B.R.L.
75.00'
co
0
w
a
C0
O
TM #76A -1 -38
CHARLES D.
KETTERMAN, JR.
410/690
SHEET 1 OF 1
Artz and Associates, PLC
A Subsidiary at Valley Engineering, PLC
LAND SURVEYING LAND PLANNING DEVELOPMENT
16 East Piccadilly Street
WINCHESTER, VA 22601 -010
TEL 540 667 -3133 FAX 540- 667 -9190
TOLL FREE 1 -000- 755 -7320