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Home My WebLink About25-06 ApplicationVARIANCE APPLICATION #25 -06 BRIAN FOOR Staff Report for the Board of Zoning Appeals Prepared: November 6, 2006 Staff Contact: Lauren E. Krempa, Zoning Inspector 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: November 21, 2006 Action Pending LOCATION: 2880 Indian Hollow Road (Route 679) MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 40 -A -24 PROPERTY ZONING USE: Zoned: Rural Areas Land Use: Residential ADJOINING PROPERTY ZONING USE: North: Rural Areas Use: Vacant South: Rural Areas Use: Residential East: Rural Areas Use: Residential West: Rural Areas Use: Residential VARIANCE REQUESTED: 2.8 foot left side yard variance resulting in a 47.2 foot left side setback REASON FOR VARIANCE: The newly constructed house was built over the building restriction line. Variance #25 -06 Brian Foor November 6, 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 left side to 47.2 feet. The setbacks for this dwelling on building permit #0767-2006 were: front 160 feet, right 60 feet, left 60 feet, and 200 feet rear. Section 165 -23 F1 of the Frederick County Zoning Ordinance requires survey standards to establish the location of primary structures only if those structures are located five (5) feet or less from the minimum setback requirement of the zoning district in which the property is located. Therefore, because the applicant proposed a left side setback which was more than 5 feet over the minimum requirement, this building permit did not require setback surveys. The applicant built the structure closer to the property line than was originally indicated on the building permit. 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), and the Frederick County Zoning Ordinance. This violation to the setback requirements of the RA Zoning District is self inflicted, and does not produce an undue hardship. STAFF CONCLUSIONS FOR THE NOVEMBER 21, 2006 MEETING: The applicant is seeking a 2.8 foot left side yard variance. Should this variance be granted, the building setbacks for this property would be 60 feet in the front, 50 feet in the back, 50 feet on the right, and would change to 47.2 feet on the left. It appears that this variance does not 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 not be justified. Frederick County, Location in the County Map Features SS Lakes /Ponds Streams C3 Flooplain Topography (5' interval) Buildings Streets +4 Primary Secondary Tertiary Winchester City 'y Railroads O Property Lines Application Variance 2 Brian F( Parcel ID 40 -A -2 Location in Surrounding Area 0 75 150 3 Peet :Mountain A► at 44' 0 F n'TFR s 3 1 B9 Frederick County, Location in the tounty Map Features €S Lakes /Ponds Streams cs Flooplain Buildings Streets +b Primary Secondary Terciary Winchester City "or Railroads Property Lines Landuse Urban Development Area SWSA Application Variance 2 Brian F1 Parcel IC 40 -A -2 Location in Surrounding Area 0 75 155 300eet County of Frederick BUILDING PERMIT Winchester VA 22601 LIEN AGENT: SERVICE 'TITLE OF VA, INC. 540 -636 -2434 P.O. BOX 325 106 CHESTER STREET FRONT ROYAL, VA 22630 PHONE: 540 -667 190 2 SET -BACKS FRONT: RIGHT: .CNTR HEALTH PERMIT NO.: 160' BACK: 200' FLOODPLAIN: 60' LEFT: 60' AREA: Albin FRTGE: RIGHT-OF -WAY: BLDG. SIZE 2E-% 76 BSMT SQ FT CRAWLSPACE PERMIT FEE: 6 Surcharge 1 fig Map Book 144, C -3 WINCHESTER VA 22603 USE GROUP: Use Group "R" Residential USE CODE: Modular CNST.TYPE: New NATURE /WRK: Modular SOB VALUE: 123,000.00 OE Applicant (please print) OWNER NAME /ADDRESS SITE ADDRESS CONTRACTOR NAME /ADDRESS OWNER Foor, Brian D. 2680 Indian Hollow Road 2880 Indian Hollow Road Winchester, VA 22603 PHONE: RE ACCOUNTS: 7224 DESCRIPTION OF CONSTRUCTION LOCATION TAX MAP NO.: 40 A 24 LOT' BLOCK: SECTION: BLDG NO.: DIRECTIONS TO SITE: Take Route 50 West, Right on North Hayfield Road, Right on Indian Hollow Road, lot is on the left. BUILDING PERMIT STORIES 1 S BEDROOMS TOTAL k RM 8 7 DISTRICT: GAINESBORO SUB- DIVISION: ZONE: Rural Areas S/E CUP NO.: NOTE MODULAR WITH DECK 12X30 NOTE (360 SQ.FT.) PORCH 12X20 NOTE NOTE NOTE PERMIT NUMBER: 0000767 2006 USBC: 2003 APPLICATION DATE: 3/15/2006 ISSUANCE DATE: RENEWAL DATE SQ FEET: 3I-2S DATE: 3/15/2006 SITE PLAN: oDO S BATHROOM 2 (240 SQ.FT.) I hereby agree to comply with all provisions of the Virginia Uniform Statewide Building Code and the Zoning Subdivision Ordinances as adopted by the County of Frederick Zoning Admi nserator I 1F SURVEY STANDARDS REQUIRED? YES INITIAL: I'II SL DETA ED SITE PLAN REQ{ IRED? YES ca) INTIIAL TOTAL FEES: 693-74 III D TE 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) 2. APPLICANT: NAME: RR /44/ /7. Poo NAME: SWent ADDRESS 2880 1-100 4/ 1.pw2c1 ADDRESS: 4.hvcrtfs 1/4 P TELEPHONE: 703 4 /75 8833 TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): PiaopeR I5 o4v Slot aAr AID/ qn/ NotLo Res-0 (krE 7 c) O. /6o /H!L£S %r of NA'fl'& .7 g (Rri- oo) 4. The property has a road frontage of 20 G. 79' feet and a depth of y00.90 feet and consists of 1. 73 7/ acres (please be exact). OCCUPANT: (if different) 5. The property is owned by f/i2 /44/ 0 re0,2 as evidenced by deed from Ala cL .Ro recorded (previous owner) in deed book /NS? no.000003356 on pago of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: G/4 1•/Cs,3 o /Zo 7. Property Identification No.: YO -ee4 zit 8. The existing zoning of the property is: R 4 9. The existing use of the property is: RES /L ivr/g L 10. Adjoining Property: USE ZONING North Vi4CehvT /c East REs,DE4v74 R,4 South West RES.OF.vn', L. R4 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.") 4 2.8' tt i s /Pi- MAO ✓�4Rt4tiCC 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 QLVNEt ASU'c -T /laysE TLI'' CGOSE TO /cZ P4 ry L /NE. PNiLUPaGA,� /?4�y Address ,N33 N. fl4'Pi6LO ,2o.s WJ ✓.4 ZL4- 03 Property ID 1/0 -4-/7 oC y0- /9 -/q0 10 -4-43 Dom 4L D G ti'91v0STAFc 1380 H. Address co Nai S TEet a o 4 Z.2 o3 Property ID -eta -4'- eo MAOai'ic 1-AR6f•vi Address 2870 /ND4N A /2�ar, Wr•vetftS V4. 7.-2-6 03 Property ID yp -,q- 23 CAMEktNO /d a2r2A G UEti'RA Address 2912- ,No,A.v HOLLOW act W»UGW£S t/4 22.0 03 Property ID y0 -A -2 G CARL-rani L. a Lky L. CARL-rani v,o R4-44 Ey Address /7$y N. V.4 Z2403 Property ID 40 4- 3o CHARLENE 4. Housw'v Address //576 Co i C o. .5 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: 8 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. S£F ,4 77-4-c/iio £'H13'7. 9 CURVE TABLE CURVE LENGTH RADIUS DELTA TANGENT CHORD CHORD BEARING C1 206.79' 1871.87' 619'47" 103.50' 206.68' 583'44'28 "W NOTES: 1. FREOERI 'OLIN TAX MAP: 40- ((A)} -24. 2. PURSUANT TO AN EXAMINATION OF FEMA FLOOD INSURANCE RATE MAP No. 510063 0100 B. DATED JULY 17, 1978, THIS PROPERTY LIES IN ZONE 'C. 3. PREPARED `MTHOUT BENEFIT OF A TITLE REPORT. 4. THIS PLAT 15 THE RESULT OF CURRENT FIELD RUN SURVEY. co I I0 M O O o co a s 0, o u! z 5.9 2 40— ((A)) -17 PHILLIP GAIL RACEY INST. #040025073 ZONE: RA USE: VACANT 0.16 MI. TO RTE 600 ELEC BOX_, 0 OOD DECK WOOD DECK 40- ((A)) -24 1.7371 AC. EX WELL AN. DI PROPANE TANK Y A. STOWERS 9 No. 002342 160 -9 Prosperity Dr. Winchester, VA 22602 www.meginc.on 5 O 7 W- IRF (540) 450 -3236 VOICE (540) 4503235 FAX 40— ((A)) -20 DONALD GRANDSTAFF 40— ((A)) -19 D.B. 532, PG. 568 PHILLIP GAIL RACEY ZONE: RA INST. #040025073 ZONE: RA USE: VACANT S89'46'19 102.34' EX WELL -OHW— C1 HOLLOW ROAD I NDIAROUTE 679 40' R/W ®1476® ,SW Pi Meeti*rg Qroup, SEPTIC MODULES 50' BRL USE: VACANT 78'32'54 E 100 1* FENCE IRS EXHIBIT OF THE PROPERTY OF BRIAN D. FOOR INSTRUMENT #060003356 GAINESBORO MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" 50' DATE: OCTOBER 10, 2006 %Jilted On 10/161111 GOMERY ENGINEERING (11 APPROVED BY: FREDERICK COUNTY SUBDIVISION ADMINISTRATO DAIEZZIthic OWNERS CONSENT: THE ABOVE AND FOREGOING CONSCUDATION OF THE PROPERTIES OF BRIAN D. FOOR AS APPEARS ON THE ACCOMPANYING PLAT, IS MTH THE FREE CONSENT AND IN ACCORDANCE MTH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. OWNER ‘11 NOTARY PUBUC h' STATE OF V�r{;�n �a, 1 J J� CITY /cetr a' OF (.i )1 nr' hest e THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON ina...r<_h 3/ (DATE)' 11) FO f7 SURVEYOR'S CERTIFICATE I, RANDY A. STONERS, A DULY UCENSED LAND SURVEYOR IN THE COMMONWEALTH OF VIRGINIA, HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE PROPERTIES CONTAINED IN THIS CONSOUDATION ARE THE SAME PROPERTIES CONVEYED TO BRIAN D. FOOR BY DEED RECORDED IN INSTRUMENT #060003356 AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. IIITGONERY !Ktr'!Alg OOiq', h!C. I 504 Piosp,dty Dr. (540) 4403434 VOICE Mnc� VA mm 15+0 450 235 FAX VICINITY MAP SCALE: 1 1,000' 3/3/06 (DATE) MY COMMISSION EXPIRES r ;6/6 3), PLAT SHOWING CONSOLIDATION OF TWO PROPERTIES OF BRIAN D. FOOR INSTRUMENT 1060003356 GAINESBORO MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" 50' DATE: MARCH 3, 2006 0 SHFFT 1 OF 2 CURVE TABLE CURVE' RADIUS LENGTH DELTA TANGENT CHORD BEARING CHORD LENGTH C1 1871.87 206.79 619'47" 10150 S83'44'28 "W 206.68 Printed On 10/16ar y •OMERY ENGINEERING i 40- ((A)) -17 PHILIP GAIL RACE'? INST. #040025073 ZONE: RA USE: RES. IRF I INDIAN ROUHOIlO67W 9 ROAD 40' lE R/1M MONTGOMERY f rgirruriy g (frog, INC. W muw degiP7ryu. 4asxx rCE 40— ((A)) -19 PHILIP do GAIL RAM' INST. #040025073 ZONE: RA USE: VAC. N89'46'19'W 102.34' kJ co QJ 0 Vie et h m 412 4;i O m0 W v 2h.N. 40- ((A)) -25 1:: ZONE: RA 2 Q USE: VAC. a IRF IRF 50' BRL 1.7371 Ac. TOTAL N0 c ct 40- ((A)) -24 a W c ZONE: RA �m ry USE: RES. 4 40- ((A)) -20 DONALD GRANDSTAFF D.B. 532, PG. 568 20NE: RAMCE USE: VAC. p05 78 5 E 1_00. PLAT SHOWING CONSOUDATION OF TWO PROPERTIES OF BRIAN D. FOOR INSTRUMENT #060003356 GAINESBORO MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" 50' DATE: MARCH 3, 2006 Printed On 1Wl� By GOMERY ENGINEERING VIRti1NIA FREDERICK COUNTY. KT, This inurutnent of writing wu produced to me on 3/15/2606 at and with oettiftatc of acknowledgement thereto annexed was admix d to record T impoccd by §tec 58.1.802 of S ad 98.1.801 have been pai4.lf assessable O L.3 AGREEMENT VARIANCE (Number to be assigned by the Planning Dept) 1 (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 -./Lc DATE /0/6,,//C. SIGNATURE OF OWNER BZA PUBLIC HEARING OF V APPROVAL DENIAL (if other than applicant) OFFICE USE ONLY D E- DA E- 10 ACTION: DATE SIGNals Ltd BZ 'CHAIRMAN DATE: f I I a-1