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VARIANCE APPLICATION #26 -06
DARIN S. NEWLIN
Staff Report for the Board of Zoning Appeals
Prepared: January 5,2007
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:
January 16, 2007 Action Pending
LOCATION: 557 Deer Creek Road, located in the Hogue Creek Estates, Lot 22B
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 50 -4 -22B
PROPERTY ZONING USE: Zoned: Rural Areas
Land Use: Vacant with the exception of a garage
ADJOINING PROPERTY ZONING USE:
Use: Vacant
Use: Residential
Use: Residential
Use: Vacant
VARIANCE REQUESTED: The applicant is seeking a 22 foot left side yard variance resulting in
a 28 foot left side yard setback.
REASON FOR VARIANCE: The applicant is seeking this variance due to the narrowness of
the lot, the topography of the lot, and the location of a flood plain on the property.
Variance #26 -06 Darin S. Newlin
January 5, 2007
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 application, due to the narrowness of the lot, is requesting to
change only the left side setback, such that the new setbacks for the property would be: 60 feet to the
front, 50 feet to the rear, 28 feet to the left, and 50 feet to the right.
The property in question for this variance is a five acre lot, however, the existence of steep slopes to
the rear of the property and the location of a flood plain through the property significantly limit the
buildable area on this lot. The only easily buildable area on the lot is further restricted by the
building setback requirements. Reduction in the current setbacks may be appropriate in order to
facilitate a buildable area for the primary residential structure.
STAFF CONCLUSIONS FOR THE JANUARY 16, 2007 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 22 foot 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, 28 feet on left side and 50
feet on right side. 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.
VAR 26 06 Ae O
LARRICK
50 A 13
62.49 ac,
Frederick County
Location in the County
Map Features
0 Lakes /Ponds
Streams
Streets
'Ab Primary
Secondary
Terciary
Application
Varianc
VAR #26
Applicati
0
Darin S. P
Parcel ID:
50.4.221
Location in Surrounding Area
125
250
so eel
Frederick County,
Location in the County
Map Features
0 Lakes/Ponds
Streams
Topography (5' interval)
Streets
Primary
Secondary
Terciary
Application
0
Location in Surrounding Area
125
250
Darin S. Is
Variance
VAR 26
Applicatii
Parcel ID:
50 -4 -22E
&r-eel
Frederick, Virginia
1 Kent Street
er, Virginia 22601
t:
Site 4.041
Hogue "Creek Estates, Lot 22
ary
x 629
a, Virginia 22132
703 777 -7059
ES
50 4 225
22
'0 Site:
Qwrner Information
4I 60
50 west left on 614 turns into 600 turn left at
Hogue Creek Est. sign come to fork in road and go left on Deer Creek Road
and all the way to the back
***never used this permit; not built until 1997; gmp 11/25/97
Basement
Cony. Roof
Covering
it Bedrooms
Mech. Lien
Note
to comply with all provisions of the Virginia
de Building Code and the Zoning Subdivision
dopted by the County of Frederick.
5 REQUIRED? YES !A INITIAL:
LAN REQUIRED? YES W INITIAL:
Permit Informa
Crawl spat eS
Floor Joi
Interio
q Bathroom
Applicant (signature)
Date
Building Permit
*DUPLICATE*
Description of Construction Location
Cons)
Bulicing Code Official
Date
Hattie of Work'.
Sq. Feet:
OWNER
PHONE:
Permit Number:
USBC:
Application Date:
Issuance Date:
Renewal Date:
Date:
i ntractor I
Health Permit
Floodplain:
Area:
Shawneeiand
District: BACK CREEK
Sub-Division:
HOGUE CREEK. ESTATES
zone: Rural Areas
Site Plan:
Use Group: Use Group °R ":Residential
Use code: P012,8arn
Const: Type: New
TOTAL
1440
Set•Backs :.Front: 45 Back: 40
Right: '.100+
opd ted Sig
left:
PERMIT FEE:
Surcharge
FEES:
Date
30'
Applicant (Please Print)
Floor CO
:`Covering
Totalk Rms
POLE...BUILDING
Perm%t.COSt
0002023 1993
1990
11/23/1993
12/10/1993
11/30/2006
orttiaCion
Center.
Frontage:
JOB VALUE: 3,500.00
Zoning Administrator
60.20
.60
60.80
1
APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
initials
"OFFICE USE NL:
Subnutta1 Deadline:
For the meehngaof f
a an
Var�ance:Apphcation�
it l e:
rubmrttaltDate
Fee Paid e
erg,
Sign Depo efi
MUST BE TYPED OR FILLED OUT IN INK PLEASE PRINT
1. The applicant is the owner other (Check one)
2. APPLICANT: OCCUPANT: (if different)
NAME: I n eel I NAME:
ADDRESS2I Rt,0.0(I6CIRY �U ADDRESS:
I�tddle i �Ar aa(0 FS
54b- 8Log -pos
TELEPHONE:541) -,S1 as 4.9 TELEPHONE:
3. The property is located at (give exact directions and include State Route numbers):
N, 0( rV% VA a.a1D ba
4. The property has a road frontage of feet and a depth of
and consists of 5 acres (please be exact).
DEC 2 1 2006
feet
5. The property is owned by r in 5. lke....)11 n as evidenced
by deed from recorded (previous owner) in deed book
no. (o% on page 12 5 of the deed books of the Clerk of the Court for
Frederick County. Please attach a copy of the recorded deed.
6. Magisterial District: "BAcK moon 14
7. Property Identification No.: TM 50 y 22 A
8. The existing zoning of the property is: R4
9. The existing use of the property is:
10. Adjoining Property:
USE ZONING
North Voi CA,t/7 gin
East Re arr4d Era l /1 /4
South Rt..R ;ele.Art 1 41lr
West V/te4:Mr
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 22' VAR/RNce FOR Nome LOCAT/ON
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
Tne IA►sn IS MARRcuO A, 7'h's wodld be. Elie On///
place fo .set -the hnme the bC1fbM o4 +he
7
M+ ahnel a' SCh
6tVerly k Schaoalder
Address
Property ID VI 50- 4/-/2A
JAM wl Li ✓in/,gs zion/
Address
Property ID 7/v/ 50- y .2/
606 t{ AlexamoCR
cRAC.E PaRiIN Ak_xcA/doe
Address
Property ID TM 50
A /I
Address
Property ID
Address
Property ID
Address
Property ID
Address
Property ID
NAME
8
Dra ar +U floods -crorn No9LLE GEEtf
13. Additional comments, if any:
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:
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.
9
SIGNATURE OF APPLICANT
DATE rP r) 1 O C,
BZA PUBLIC HEARING OF
APPROVAL
DENIAL
AGREEMENT
VARIANCE cc (O 06
(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 DATE
(if other than applicant)
OFFICE USE ONLY
DA
SIGNED S
DATE:
10
ACTION:
BZA C AIRMAN
I
TM 50- ((4)) -21
JAN M. LIVINGSTON
INST.1050018936
5.00 ACRES
NOTES:
7. NO TITLE REPORT FURNISHED. EASEMENTS
OTHER THAN SHOWN MAY EXIST
2. A PORTION OF THIS PROPERTY LIES WITHIN
THE 100 YEAR FLOOD ZONE AS SHOWN ON
FJ.R.M. PANEL 1510063- 0100 -B,
DATED JULY 77, 1978.
3. DEED REFERENCE: INSTRUMENT /060002457
4. PLAT REFERENCE: DEED BOOK 696 PAGE 125.
5. BUILDING RESTRICTION LINES SHOWN PER DEED
OF DEDICATION, SEE DEED BOOK 784 PAGE 362.
25' INGRESS-EGRESS ESMT
N 39 E
v't C 05
CLI O
W
--N3 0 W ec
�Ut,OQ i 0 I 4.0
0 0
h��t;h N 2.00
iW` m c
U_tb
Ni 200'
TM so -((4)) -228
I
DARIN SCOTT NEWLIN
BARBARA A. NEWLIN
INST./060002457
5.00 ACRES
0
40 80
SCALE: 1" 40'
LEGEND:
1145 IRON REBAR FOUND
BRL BUILDING RESTRICTION LINE
PROPOSED HOUSE LOCATION SKETCH
LOT 22 -B HOGUE CREEK ESTATES
STANDING IN THE NAME OF
DARIN S. NEWLIN BARBARA A. NEWLIN
BACK CREEK MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA
DATE: NOVEMBER 10, 2006 I SCALE: 1" 40' I FILE 06 -040
Foltz Land Surveying, Inc.
P.O. Box 23 Stephens City, Virginia 22655
Phone 540- 323 -1497 Fax Y: 540 -868 -2963
email: foltz ®visuallink.com
SHEET
1
OF
1
J
8X696PSI23
DEED OF CONVEYANCE
THIS DEED made and entered into the %L1lh day of
October, 19110, by and between CARY M. FINMLPP and KATHRYN
M. FINNIEY, husband and wife, herein party of the first
part; and GARY M. PlNNlFF and SAThRYN M. FINNIFF. his wife,
herein party of the second part; and LAUREECR JOHN ADfl
and NARY LOU16N I;�. husband and wife, herein party of
the third part;
M I T N E S S E T R s
THAT FOR AND IN CONSIDERATION of the sum of TEN DOLLARS
($10.00)' cash in hand paid unto the party of the first
part at and before delivery of this Deed, and other good
and valuable consideration, receipt of all of which is
hereby acknowledged, the party of the first part does hereby
grant, bargain, sell and convey with full ENGLISH COVENANTS
and GENERAL WARRANTY OF TITLE, unto the party of the second
part, as tenants by the entirety with the full common law
right of survivorship, an undivided one -half ley) interest.
and unto the party of the third part, as tenants by the
entirety with full common law right of survivorship, an
undivided one -half (y) interest, with each party holding
as joint tenants with full common law right of survivorship
as the other,. all of that certain lot or parcel of land,
together with all improvements thereon, located and being
in the County of Frederick, State of Virginia, and more
particularly described as follows;
All of that certain parcel of land designated as Lot '22A
on the Estates', as the lsame 'Division
attached Survey ereto and Z made a Creek
pa
hereof.
SUBJECT TO a drainfield easement for Lot 228, as shown
on the attached plat.
MW BEING a portion of the same land conveyed to the party
of the first part by Deed dated Ootober 10, 1963 and recorded
in Deed Dock 66T, at Page 639, omong the aforesaid land
record*.
8K696PGI24
This conveyance is subject to all easements, rights
of way and restrictions of record.
Reference is hereby made to ,the aforesaid deed or
deeds referred to therein for a more particular description
of the land hereby conveyed.
WITNESS the following signatures and seals;
e ;SEAL)
GARY M. FINNIFF
�1\ ._,.U 1SEAL)
KATHRYN 1
STATE OF VIRGINIA
COUNTY OF LOUDOUN, to -wit;
L The foregoing Deed was acknowledged before me this
Ml. of October, 1988
my Stafe and County aforesaid.
Finniff and Kathryn
aforesaid
My Commission Expires;
ay.M/ 3.,. ivtt
NOTARY PUBLIC
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