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Home My WebLink About24-06 ApplicationVARIANCE APPLICATION #24 -06 GARY BAYLIS 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 he useful to others interested in this zoning matter. BOARD OF ZONING APPEALS HEARING DATE: November 21, 2006 Action Pending LOCATION: West side of Sulphur Springs Road (Route 655) near Opequon Creek MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 65 -A -187 PROPERTY ZONING USE: Zoned: Rural Areas Land Use: Vacant ADJOINING PROPERTY ZONING USE: North: Rural Areas Use: Residential South: Rural Areas Use: Landfill East: Clarke County Use: Landfill West: Rural Areas Use: Landfill VARIANCE REQUESTED: 23.6 foot front yard variance resulting in a 36.4 foot front yard setback REASON FOR VARIANCE: The property has exceptional shallowness due to topography and the location of the flood zone on the property. Variance #24 -06 Gary Baylis 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 -2 (Agricultural General) in 1967. The property setback lines at the adoption of the zoning ordinance were 35 feet for the fronts and 15 feet for the side yards. Frederick County amended its Ordinance in 1989 to change the A -2 zoning districts 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. Based on the topography for this property and the existence of the flood plain, the applicant is seeking a 23.6 foot front yard variance. All other property setback lines will remain unchanged. Staff would point out that the Director of Public Works, Harvey E. Strawsnyder, Jr., has provided comments on the suitability of this site which are included for your review. If the variance is granted, Mr. Strawsnyder will require a detailed flood plain analysis due to the location of a Flood Zone A on the property, derived from the FEMA map. Mr. Strawsnyder expressed concerns regarding the drain field capabilities, the encroachment of the house location on a power line easement, and the proximity to the landfill's wastewater treatment facility. Based on these concerns from the Director of Public Works, it may be appropriate to postpone a decision on this variance pending the outcome of the flood plain analysis. STAFF CONCLUSIONS FOR THE NOVEMBER 21, 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 23.6 foot front yard variance. Should this variance be granted, the building setbacks for this property would be 36.4 feet in the front, 50 feet in the back, and would remain 50 feet on both sides. 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. Frederick County, VA Location in the County Map Features Q Application D Lakes/Ponds Streams K Flooplain Topography (5 interval) Streets +fir Primary Secondary Terciary Winchester City 'Ni- Railroads Property Lines Landuse Urban Development Area SWSA Variance 24 0( Gary Baylis Parcel ID: 65 A 187 Location in Surrounding Area Mai Stre ••r Lan Frederick County, VP Location in the County Features Application Lakes /Ponds Streams Flooplain Topography (5' interval) ts Primary Secondary Terciary Winchester City Railroads Properly Lines duse Urban Development Area SWSA 0 125 250 Variance 24 06 Gary Baylis Parcel ID: 65 A -187 Location in Surrounding Area S -eet TO: Board of Zoning Appeals MEMORANDUM THROUGH: Mark Cheran, Zoning Administrator FROM: Harvey E. Strawsnyder, Jr., P.E., Director of Public Wor SUBJECT: Variance Request, Lot 65 -A -187, Shawnee District DATE: October 31, 2006 107 North Kent Street Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/678 -0682 As the designated representative for the Frederick County Landfill, I am responding to Mr. Gary Baylis' request for a variance related to the minimum setback requirements for his property (65 -A -187) located on Sulphur Springs Road which is adjacent to the landfill property. Based on our review of the plat prepared by Christopher D.Furstenau. L.S., it appears that the applicant is requesting a variance to reduce the side and front setbacks approximately 50 percent from the RA requirements. I might add that the vicinity map included with the plat for 3.2663 acres has incorrectly shaded property owned by the Frederick County Landfill. The application has also incorrectly identified property to the east as belonging to Clarke County which is actually owned by the Frederick County Landfill After reviewing the application, we must strongly oppose the variance request for the following reasons: 1. The applicant indicated that he is seeking a variance because of the shallowness of the lot due to the indicated flood zone. This reference to potential flooding of this lot cannot be overstated. In January of 1996, we observed that a majority of this lot including Sulphur Springs Road and our rear access drive which parallels this property's western boundary line were completely underwater. The flooding at the confluence of the Opequon Creek and Sulphur Spring Run are a common occurrence in this area. The Flood Zone "A" designation shown on the property plot was derived from a FEMA map. This information was available to the applicant prior to his purchase of this property. In our opinion, his failure to research this property should not justify a hardship and a subsequent variance. If the variance would be granted, Frederick County would require a detailed flood plain analysis. HES /mlr Attachment: as stated cc: file Variance Request, Lot 65 -A -187, Shawnee District Page 2 October 31, 2006 We also would require that the PMF (Probable Maximum Flood) be used as a basis for establishing the finished floor elevation considering the vulnerability of this specific site to repetitive flooding. A detailed site plan would be required to illustrate this elevation and proposed site grading. The proposed dwelling location appears to encroach on the power line easement. Frederick County would not approve a site plan which shows the house encroaching on an easement or right -of -way. 3. The applicant indicates plans to construct a ranch style home with 1822 square feet. The Health Department has indicated that the applicant plans to utilize an existing drainfield system which was constructed in 1959. The applicant has indicated a desire to repair this system and requested a two- bedroom drainfield capacity. The Health Department has subsequently approved a one bedroom capacity. This capacity will be enforced by our Inspections Department with a careful review of the proposed house plans. 4. The proposed house location is located approximately 500 feet north of the landfill's wastewater treatment facility and an equal distance from a future solid waste cell. If the variance is approved, these facts should be included on any future plats and deeds of the property to protect future unsuspecting buyers. We sincerely believe that this proposed site variance request should be denied. We do not believe that the applicant adequately evaluated the flooding potential prior to purchasing this lot. The phrase, "buyer beware" should be applied to his decision to purchase a lot almost totally engulfed by the Opequon Creek flood plain. We do not believe that the board of zoning appeals should grant a variance to alleviate the applicant's poor decision. C: \Program Files \WordPerfect Office X3\ Rhonda\ TEMPCOMMENTS garybayliss.MEN1.wpd MUST BE TYPED OR FILLED OUT IN INK PLEASE PRINT 1. The applicant is the owner V other (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: fr /,fl ax ,(�S' NAME: APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA ADDRESS 77& S4'H #EiFE ijV ADDRESS: G/ 22-lea/ TELEPHONE: .530-c(4? -h 3 f TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): I2.i ,5 si r ,oF zi,v/I /zf23 04/ SuL B g/.tI//IIGS 7r) 60 ?-O of'4Ql./oz/ cWZ ?4M /S' 647 4. The property has a road frontage of 5 feet and a depth of 7fr,07 feet and consists of 3, 266 acres (please be exact). Page 5 of 9 C4twY4/ S, 5. The property is owned by Choy t o, M1/41 S as evidenced by deed from c( /)%4,t' t c arwrSs recorded (previous owner) in deed book no. on page of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 21.7l/ST n EA/Y W 06c0/6'1(6.y 6. Magisterial District: S)/}Azj /A/ir ,Ai.s/ Q/C 7. Property Identification No.: 6 4 -;(1)7 8. The existing zoning of the property is: 9. The existing use of the property is: 10. Adjoining Property: USE ZONING C r 40 u MAI✓J A=/z L.- 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. North East South West A 23.( IT UA J# LJCF ,-0,E t eoA/ r se sti t.iVAut sAP /A kon,0 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 SJC Cx` 7 0 27cn /I¢L cs ctz -zoz y� sS ,Otrir 2'D Page 6 of 9 14» Al I AI X e ,rm/ Address 2 3 „tome) kfie -,CA7 G Property ID 6 .09 /19 3 sow 4w4 AA. I.. r f' /NG Address 0 7/9 ,i/ COLLs- arij'' Site) 4 .296, Property ID o S 4 fl ilitW, 1 V /i /66- s Address n tta /NCHeSI /d 0 Su c 41fa,e �iD4ej, a M, J//t2. Property ID 5 -4 /4 09 c Address Property ID Address Property ID Address Property ID Address Property ID Address Property ID 13. Additional comments, if any: 0 4 6 HOY u 4 6 2o011/ 4A/1 u4114-,$x& aSE rise/Fr I_ 0LE7 4/ wz TO -,4067 zo,Ye 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 Page 7 of 9 v.. 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. ARoPosE A iotilr /s A k WdW Hoge we rN 4 giefisP c ear kie r=4oil ,oierz 136174 7 oil/ I� e A*ttOk SitiMCC 1/ 1-X feel is kga0 Se ,ff #4 Pk29 Page 8 of 9 VARIANCE 02 V -6 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. SIGNATUOF APPLIC T /(o DATE Ja2 62 (O SIGNATURE OF OWNER DATE BZA PUBLIC HEARING OF SIGNED: APPROVAL DENIAL AGREEMENT (if other than applicant) OFFICE USE ONLY- -DAT BZA CHAIRMAN DATE: Page 9 of 9 7 ACTION: INSET NOT TO SCALE 56.2' 30'00' W SEE INSET ABOVE 1) FLOOD ZONES SHOWN HEREON HAVE BEEN SCALED FROM FIRM MAP 510063 0120 B EFFECTIVE JULY 17, 1978 2)MAP SHOWING SUBJECT PROPERTY AND PROPOSED EASTERN EXTENSION OF ROUTE 37 OBTAINED FROM FREDERICK COUNTY GIS DATA AVAILALE ON THE PUBLIC INFORMATION KIOSK USING THE PLANNING OVERLAY. 3)NO TITLE REPORT FURNISHED, EASEMENTS OTHER THAN SHOWN MAY EXIST. 4)TAX MAP PARCEL: 65 -A -87 ZONED: RA USE: VACANT C1 CURVE I RADIUS US I ARC C; LENGTH I CHORD LENGTH CHORD BEARING S 6118'4' E DELTA ANGLE 73 14'42' CONCRETE PAD i SULPHER SPRING RUN 3.2663 ACRES PROPOSED DWELLING '5, n Z RF MLn on r d 'Zn UD Y g ¢a o w Land CE