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Home My WebLink About23-06 ApplicationThis report is prepared by the Frederick County Planning Staff to provide inf?rmation to the Board of Zoning Appeals to assist them in making a decision on this request. II may also be useful to others interested in this zoning mailer. LOCATION: Callaway Court MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER(S): 76A -I -37 PROPERTY ZONING USE: Zoned: RA (Rural Areas) Land Use: Vacant VARIANCE APPLICATION #23 -06 FUNKHOUSER LOT 37 Staff Report for the Board of Zoning Appeals Prepared: October 6, 2006 Staff Contact: Mark R. Cheran, Zoning Administrator BOARD OF ZONING APPEALS HEARING DATE: October 17, 2006 Pending ADJOINING PROPERTY ZONING USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Vacant East: RA (Rural Areas) Use: Residential West: RP (Residential Performance) Use: Open Space 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 #23 -06 Funkhouser Lot 37 October 6, 2006 Page 2 STAFF COMMENTS: Lot 37 is part of the Funkhouser Subdivision that was created in 1946 prior to Frederick County adopting zoning in1967; 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 setbacks. 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 12,000 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. aniraom Road Centerlines �.b .uva.d. P.'ary ..m. N 8amnd.ry e.ua"a. Tray ra. p Parcels VAR 23 06 Funkhouser LOT 37 Location Map (76A -1 -37) 0 125 250 Feet 500 ti jilli N,40, j} NI.* m a ilk o o hill 4 2e �s rip„ ti C -'Om <<r RP 74 A 22 TAW°, (N Road Centatflnas w- s_ •moo. NYY o MI■ s up.mmet, 16 A 21 HARTLEY, RECANIA F otsn Mem* runnel amry own. IUD 0 125 250 76 A AN,TA ETALS TestiSTEE$ VAR 23 06 Funkhouser LOT 37 Zoning Map (76A -1 -37) Feet PRo 7i �J AC4v 4 1V e fr 14 A q2 SEE, KOREY M 7t, A 4oA FREDERICK COUNTY $G1.100L 60ARD 500 Ile A 40 RAY, 7ANE PETRIE s 4 ioN,„ a I A 0 bit a m II it, A 22 SAS6Q,INC. Road Centerlines Lmraofts 41100 TnnN, aunntu. ann... Mr. w.o Plun. Unit Lwao m 0 125 250 Feet 7( LAKE, SUANITA E ETALS TRUSTEES VAR 23 -06 Funkhouser LOT 37 Landuse Map (76A -1 -37) FFJ TT A S ,q �Ne F/ lb A 42 SEE, AUDREY tit 500 71 l(a A 'OA FREDERICK COUNTY SCHOOL 60Al lto A 40 RAY, 7ANE PETE 93E PH y4(S p Pi; BUa Road Centerlines 'mWa. pPnmary s.,ms N a o P,ry,I, VAR 23 06 Funkhouser LOT 37 Aerial Map 76A 1 37 0 125 250 Feet 500 4,4, Jo j' SEP 2 5 2006 Variance Applicatio 4 i t�N O Submittal Date: 2 !�fn4 Fee Paid: initials: Sign Deposi 1. The applicant is the owner 2. Applicant Name: Artz Associates, PLC Address: 16 E. Piccadilly St. Winchester, VA 22601 Telephone: 540- 667 -3233 6. Magisterial District: 7. Property Identification No.: 8.The existing zoning of the property is: 9.The existing use of the property is OFFIGE Telephone: 76A -1 -37 RA Vacant APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA Submittal Deadline: For the meeting of MUST BE TYPED OR FILLED OUT IN INK PLEASE PRINT other (Check one) Occupant (if different) Name: Address: 3. The property is located at (give exact direction and include State Route numbers): Consolidated Funkhouser lot 37 Callaway Ct; Stephens City Front Royal Pike (VA State Rte.522) 4.The property has a road frontage of 75' feet and a depth of 161' feet and consists of 0.2765 acres and 12,046 sq. ft. (please be exact). 5.The property is owned by Gene Eugene Staton as evidenced by deed from Clifford Eugene Staton; 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. Opequen- S+fN wNEE 10. Adjoining Property: NORTH Residential RA EAST Rte.522 SOUTH Residential RA WEST Callaway Court 20' front yard Variance to Callaway Ct. 40' Side yard Variance on both sides 13. Additional comments, if any: USE ZONING 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. 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 pre -date 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. 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:105 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. AGREEMENT VARIANCE --4 °G Number to be assigned by the Planting 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. SIG.., F PP�,IC DATE 11 SIGNAT E OF OWNER V V l i 4. DATE 5 O (If other than applicant) DENIAL DATE: 70.4 OFFICE S 9NLY- BZA PUBLIC HEARING OF /Q /7 6a ACTION: V APPROVAL SIGNEb -4, BZA HAIRMAN 4L l 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 1 (We) (Name) r!r hake/ S. S fzk }z„t) (Phone) 5 4/6 (Address) „Co 9 "fr ,:t) 5 t- 8 e r n .2 the owner(s) of all those tracts or parcels of` land "Pro ierty 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 Parcel: Lot:25 Block: Section: Subdivision: /ud h do hereby V4` C hin mak con Pia titute and appoint: (Name) i ii c. el m �r 2 (Phone) S cie 7 3c233 (Address) El 04 d i i f /VC'At. ,Z,<rr a l 0 To act as my true and lawful attorney- in- fact 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 attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: �i.- rs7�rl "��a6�U This aut 4f ization shall'e Aire 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 200, Signat re(s QCI State of Virginia, City /C of 1, 1 iC-,S6.. (�a«T1e,fa 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 me and has acknowledged the same before me in the jurisdiction aforesaid thisit day of y 2004 {a 'at Doof Ili 1ia1 Limited Power of Attorney County of Frederick, Virginia 1S5 o &5 My Commission Expires: To -wit: NOTES: 1. BOUNDARY 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. TM #76B -1 -3 -238 PHILIP W. SOMMER INST. #040009773 N 13'10 W 0.72' N 7724'45" E 3.89' '0 -1 t- en u -o 70 mM H YZ H CONSOLIDATED LOT 35 11,976 sq. ft. 10.0' I 60 B.R.L PUT NORTH INST (02°019282 74.32 40' B.R.L. 75.00' EXIST. OW'LO TO BE REMOVED CALLAWAY COURT N 1357'15" W 0 co N. z 5 13'12'27" E FRONT ROYAL PIKE OS RTE. 522) VARIABLE WIDTH R/W PROPOSED CONDITIONS FOR CONSOLIDATION OF LOTS 35, 36 37 FUNKHOUSER LOTS OPEQUON DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1 30' DATE: AUGUST 25, 2006 PRESENT OWNER: &ENE STATON TM #76A -1 -35, 36 37 DB 449 PG 378 PROJECT #21746 REBAR SET UNLESS NOTED OTHERWISE 75.01 CONSOLIDATED b. LOT 37 12,046 sq ft. 100 40' B.R.L 60' B.R.L. 75.00' SHEET 1 OF 1 TM #76A -1 -38 CHARLES D. KETTERMAN, TR. 410/690 Artz and Associates, PLC A Subsidiary of Valley Enalnaerin6, PLC LAND SIJNVE11NO LAND PWMNING DEVELOPMENT 16 East Pkccdilly Sliest WINCHESTER. VA 22601 -4740 TEL 540- 667 -3233 PAY 540 -661 -9188 TOLL FREE 1- 800 755 -7320 J