HomeMy WebLinkAbout21-06 ApplicationVARIANCE APPLICATION #21 -06
DENNIS LONGERBEAM
Staff Report for the Board of Zoning Appeals
Prepared: October 5, 2006
Staff Contact: Mark R. Cheran, Zoning Administrator
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:
October 17, 2006 Action Pending
LOCATION: Red Fox Run II Subdivision, Lot 48 on Travis Court
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 64D- 8 -2 -48
PROPERTY ZONING USE: Zoned: RP (Residential Performance) Zoning District
Land Use: Residential
ADJOINING PROPERTY ZONING USE:
North: Residential Performance (RP) Use: Residential
South: Residential Performance (RP) Use: Residential
East: Residential Performance (RP) Use: Open Space
West: Residential Performance (RP) Use: Residential
VARIANCE REQUESTED: One foot front yard variance for a single family dwelling.
REASON FOR VARIANCE: Dwelling built over front setback.
Variance #21 -06 Dennis Longerbeam
October 5, 2006
Page 2
STAFF COMMENTS: This application is a variance to allow for a one (1) foot encroachment into
the front setback. The property is zoned RP (Residential Performance) and has a square footage of
13,224 sq. ft., with a single family dwelling built on the property. The Frederick County Zoning
Ordinance allows for lots in the RP Zoning District to range in size from 100,000 sq. ft. to 3,000 sq.
ft. Section 165 -65 C of the Frederick County Zoning Ordinance, requires setbacks to be: 35 feet
front, 10 feet sides, and 25 feet rear.
The setbacks for this dwelling on building permit #2802 -2005 were: front 37 feet, right11.8 feet, left
44.8 feet, and 36.1 feet rear. Section 165 -23 H of the Frederick County Zoning Ordinance requires
survey standards to establish the location of primary structures located five (5) feet or less from the
minimum setback requirement of the zoning district in which the property is located. This building
permit was required to provide setback surveys. The applicant reversed the building plan lay out
during construction. The field change was revealed on the final setback report recorded September
15, 2006.
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 RP Zoning District is self inflicted, and does not produce an undue hardship.
STAFF CONCLUSIONS FOR THE OCTOBER 17, 2006 MEETING:
Staff would recommend denial of this variance application, as the violation of the setback
requirements was self inflicted. The strict application of the Frederick County Zoning Ordinance did
not produce an undue hardship as required by the Code of Virginia 15.2 -2309 (2).
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VAR 21 06
Dennis Longerbeam
Zoning Map
(64D -8 -2- 48)
0 125 250 500
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VAR 21 -06
Dennis Longerbeam
Aerial Map
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VAR #21 -06
Dennis Longerbeam
Location Map
(64D- 8 -2 -48)
0 125 250 500
Feet
County of Frederick
Winchester VA 22601
LIEN AGENT:
329 RUSSELL RD
BERRYVILLE, VA 22611
PHONE: 540- 955-6264
RE ACCOUNT 42463
TAX MAP NO.: 64D 8 2 48
SET BACKS:
FRONT: 35
RIGHT: 10
CNTR
JOB VALUE:
PERMIT FEE:
TOTAL FEES:
BACK: 25
LEFT: 20
FRTGE:
OWNER NAME /ADDRESS SITE ADDRESS
DENNIS LONGERBEAM CONSTRUCTION, LLC OWNER
Travis Court
Red Fox Run II Lot 48 00000
Map Book 221, B 3
DESCRIPTION OF CONSTRUCTION LOCATION
LOT: 48 BLOCK: SECTION: BLDG NO.:
HEALTH PERMIT NO.:
FL00DPLAIN:
AREA: Bufflick
RIGHT OF-WAY:
DIRECTIONS TO SITE: 522 South to left on Bently to left on Melissa, to
right on Travis lot at end of culdesac
USE GROUP: Use Group "R" Residential USE CODE: Single Family Dwelling
CNST.TYPE: New NATURE /WRK: single family dwelling
Setback Report
SETBACKS FRONT 35
LEFT 10
t
t
Setback Report
SURVEYOR IINFORMATION
NAME:1 a (-WIFE
DATE OF SURVEY:of/ I0,
REQUIRED SIGNATURES
PERMIT NUMBER: 0002802 2005
USBC: 2000
APPLICATION DATE: 9/27/2005
ISSUANCE DATE:
RENEWAL DATE:
DATE: 10/06/2005
CONTRACTOR NAME /ADDRESS
PHONE:
BACK 25
DISTRICT SHAWNEE•5
SUB-DIVtSION`:' RUN
ZONE: Residential Performance
S/E CUP NO SITE PLAN:
SO FEET:
RIGHT 10
FRONT :3 O BACK:>S I�
RIGHT: i+,0' LEFT: Sci' SEAL
aS'oa -p c
40- yg
2E A.Ox 2u J JL
5;
LOT 47
GRAPHIC SCALE
30 0 15 30
CZ
NOTES• 1 Inch 30 ft.
OPEN SPACE
co
CY 1p10R
47 aygcEF
'i' 6 S ST
�A3
A
EX. 20' FCSA SAN
SEWER EASEMENT
155 T ti C3L {v O W 1 5
LOT 48
13,224 SQ. FT.
e
zo• -0A ART
050Re
80\
S 38'08'03" W 90.24'
25' BRL
I�
Ih
50.00 m o
PROPOSED
3 LOT 49
DWELLING S r
6 11.8' a
l
EX. 20' FCSA
WATER ESM'T
N
CUR VE TABLE BARING
Cl 54.00' 1 58 91 U277'�N 09 50" EI56 03' 6250'32"
1. THIS PLAT l5 ONLY FOR THE PURPOSE OF SHOWING COMPLIANCE W77H SETBACK AND SIDEYARD
REGULA770N5
2 EASEMENTS MAY EXIST 771A ARE NOT SHOWN ON THIS PLAT.
3. ALL EX/S7/NG UNDERGROUND U77L/77ES SHALL BE PHYSICALLY LOCATED BY 77 CONTRACTOR PRIOR
TO IHE BEG INNING OF CONSTRUC770AL
4. BUILDING DIMENSIONS SHOWN HEREON WERE TAKEN FROM A PLAN FURNISHED BY THE
BUILDER/DEVELOPER.
5 77-1/5 LOT IS SUBJECT TO A 20' SLOPE AND DRA /NAGE EASEMENT ALONG TRAVIS COURT AND A 10'
U77L/TY AND DRA /NAGE EASEMENT ALONG ALL PROPERTY LINES
BUILDING SITE PLAN
LOT 48
RED FOX RUN /1
TRANS COURT
SHAWNEE MAGISTER IAL DISTRICT
FREDERICK COUNTY, 1RGINIA
AUGUST 4, 2005
BUILDER APPROVAL
DAF
MARSH L E G G E 560 NORTH
WINCHESTER, VIRGINIA 22601 Land Surveyors, P.L.C. PHONE (540) 667 -0468
FAX 40 667 -0469
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hersby aciee v. corrioly all provisions of tms
L17 77.1u.11Siric Code tflE Zoninc. 2.12Cci
OTtinsr.css as atcpcet by the County of Ereder
E:URVEY STADARDS REL7iIRED?
ele
coc:9 Official
/0- /3-6)d- oc:/- 5
DATE
SE; Russell Risac
M K
11,57 1.-"
PLKMrt i; vris o at v"urm'
(For Office Use Only)
APPLICATION FOR PERMIT
Owner's Name:
enni5 WonCtP r�taw\
Address: 3 r-1_R SS5,+41 es6
?wrnk\',lly yn.27(Ql
Phone Number: ___514(1 cic,"" c
Owner's are allowed to act as their own contractor provided DPOR Title 54 Owner
Contractor Definition is met.
`Contractor's Name: _ben S ivr C UC1]'ra�
UA 1 E: `IA a-w_on.
Address: 3 U�SeA I gi4e.r
jCtk'J Vt ,�2.�c_(
Phone Number: SRO c I SS
NOTE: If you have never obtained permits in Frederick County please attach a copy of your
state contractor's license. Any jobs over $25,000 will also need a Frederick County Business
License unless you are building in the Town of Ivlidd!etown or the Town of Stephens City. You
would then need that town's business license. All businesses in Frederick County are required
to have a Frederick County Business Licenses regardless of the job value.
MECHANICS LIEN AGENT: 8,7 yes no (if yes, please complete below)
Mecht.,iics Lien Agent: Z E--F(
Addr c a 7a_tat..cztvtlUv is- i_.-_5vc+_.t_310
Avi ncke 5k' ex '1a_._7 7 (CQl Phone Number umber 5 i-ii lv l S g on1
LOCATION OF PROPERTY t 6 -3
Lot Number__ t
Subdivision: "Red Fry( vnl
Street Name: T'c\vj S intJf
�o
'Fax Map Identification Number of the Property. IAD t{Qj (J n
Directions to the job site: 5 h e
22 Stit Tt-t j -F U)..i �t ct `F� F
I�(f ottln .liisc'.+0 Rht on S�'csvL c L±c,--
ercu4 Cki-de Siic
SETBACKS
Front 31: 0" Rear SL,, I
Left 44
TY?E OF PERMIT APPLYING FOR:
Building Electrical Mechanical Plumbing Sign
PERMIT FOR: (y 3 Sjnq(F Fallat OLO-C---
JOB VALUE: $--,X0
1 hereby agree to comply with all provisions of the Virginia Uniform Statewide Building Code
and the Zoning Ordinance as adopted by the County of Frederick.
Signature ofApplicant
Righ' ._I -I k 551
Contractor y Owner Agent Engineer /Architect
*Agents, please note that a signed authorization from the owner or contractor must be attached.
Please list a daytime telephone number in which you can be reached incase of questions.
Permit Application
Page Tvvo
BUILDING INFORMATION NEEDED FOR PERMITS
RESIDENTIAL COMMERCIAL
New New
Addition Addition
Remodeling Remodeling
Demolition Demolition
Residential Demolition Requires a letter from the Power Co. verifying power has been
removed and a letter from the Gas Co. verifying gas has been removed.
Commercial Demolition /Additions /Remodelings Requires the same information as
Residential and in addition to that information requires Asbestos affidavit if built prior to January
1, 1985.
List what is being constructed:
NeW S�ft_V�tmi\t VAotry)
RESIDENTIAL
Master t_q C4
aster Plan Number (if
Building Size (Dimensions; 5 0' w _X R 1 4.," 0
Total Square Footage of Living Space („51
Square Footage of Basement _J
v Unfinished Finished
Number of Stories ,a_
Number of Bedrooms L i
Number of Bathrooms
Total Number of Rooms
3
i3
Garage (Size of Garage) f"l' v,/ X as 1 0 17
Deck (Size of Deck) 10' X IV
Porch (Size of Porch) jf7' hJ X Y' n
Masonry Chimney/Fireplaces
MOBILE HOMES
Make
Model
Year Serial Number
Length Width Number of Bedrooms
Number of Bathrooms Type of Heat
COMMERCIAL
Total Square Footage of Building
Building Size
Number. of Stories
Number of Bathrooms
Total Number of Rooms
Use Group
Occupant Load
Permit Application
Page Three
SIGNS
Type of Sign
Sign Size (Dimensions)
Sign Reads
Height From Ground To Top Of Sign
Other Signs On Property
Input Amps Input Volts
Marking Listing Number
Square Footage of Front of Structure (if wail sign)
ELECTRICAL PERMIT
RESIDENTIAL:
Amp Service (this is the only thing needed for new dwellings)
For AdditionsiRemodeling: Number of Switches Lights Receptacles
Size of sub -panel if adding one:
Upgrading service to
COMMERCIAL: (List all equipment, motors, and wiring)
PLUMBING PERMIT: Residential Commercial (list number of fixtures by each)
Basins Dishwasher Floor Drains Fountain
Garbage Disposal Grease Traps Laundry Tub Lawn Faucets
Sewer Pump Sewer Service Showers Sinks
Sump Pumps Tubs /Whirpools_ Urinals Wash Machine
Water Closets Water Heater Water Service Well Pump
Other
MECHANICAL PERMIT
RESIDENTIAL: (list number of fixtures installing)
Heat Pump Gas Furnace A C Unit Gas Piping Gas Range
Gas Logs Gas Water Heater Other
Size of Tanks Under 500 Gal.
COMMERCIAL: (list ail equipment giving btu's and tons)
NOTE:
All commercial jobs for building, electric, plumbing and mechanical will need to submit 2 sets of
plans (sprinkler plans and fire suppression systems require 4 sets).
All building permits for residential jobs will need to submit I set of pans.
ISSUED:
AGREEMENT IN LIEU OF AN EROSION AND SEDI.MENT CONTROL PLAN
For a Singe Family Residence in a Subdivision
Bldg. Permit _a Subdivision e(l COY WU+■
Lot SIR Street I aN4-S
in lieu of submission of a complete €rosicu and Sediment Control Plan for the construction of a
single family dwelling at the above stated location, I agree to comply with the requirements deemed
necessary by the Frederick County Public Works Department. The erosion and sediment control
requirements shall be based on the standards contained within Chapter 79, Erosion and Sediment Control,
of the Frederick County Code, and shall represent the minimum practices necessary to provide adequate
control cf erosion and sediment nip -off resulting fro ;t this project.
The minimum requirement is for all denuded areas on the tot to be stabilized within seven days
of final grading with permanent vegetation or a protective ground Cover. A cousi n:lction entrance and
temporary perimeter erosion and sediment 'control measures shall be :installed at the Start of the
construction.
1 understand that :aiiire to comply with such requirements. within five 15) working day's followi:i
notice to comply by the Frederick County Public Works Department could result in legal action for a
violation of the Frederick County Code. In addition to legal actiot:, a stop work order may be issued and a
revocation of the land disturbance. pemut may occur.
Note: The fee for a single family permit shall be 550. The fee for a multi- family unit shall be ten
dollars (510) per unit.
Erosion and sediment control measures specified by the F'rede.r Counts Public Works Staff':
PROVIDE EROSION SEDIMENT
CONTROL.MEASURES;
CONSTRUCTION ENTRANCE:;:
SCHEDULE INSPECTION ONCE .THESE
ITEMS HAVE BEEN INSTALLED.:
n r� �C tn•tuP e4 o
Date
Signature of Landocener or Parry responsible for
Erosion and Sediment Control Responsible Land Disturber
Print Name Date of Expiration j0/07/C4
:Approved by:
Frederick County Public Works Staff
6
"(Witness)
AFFIDAVIT
I, s �n rt€ v, on (date)
of a certain tract of parcel of land located at: L
My permit number is: O? ,Y„ J 5
/0
0C
I am aware that my property (described above) is:
located in the 100 year flood plain
i 'OT located in the 100 year flood plain
have no knowledge of the 100 year flood plain
I affirm that I am familiar with the prerequisite of Section 54.1-1111 by state law and I
am not subject to licensure as a contractor or subcontractor.
-VI affirm that I am familiar with the Section of 119.1 of the Statewide Building Code of
Virginia. You are reminded that before occupancy, you are required to have a FINAL
INSPECTION and be issued a Certificate of Occupancy.
NOTE: Occupying a building before obtaining a temporary or final Certificate of Occupancy
constitutes a violation under the Virginia Uniform Statewide Building Code. Violations
are a misdemeanor, and upon conviction, may be punished by a fine of not more than
j000.
I also understand that a BURNING PERMIT is required for burning materials from land
clearing operations. This permit may be applied for in the Fire Marshal's office. The
burning of construction debris such as cardboard, scrap lumber, siding, paper, etc. is
NOT PERMITTED in Frederick County. This is a violation of Frederick County
Chapter 10 and Air Pollution Control Laws of Virginia. Violators are subject to
/prosecution.
I also understand Section 312.2 Toilet Facilities For Workers shall be provided for
co truction workers and such facilities shall be maintained. in a sanitary condition.
onstruction worker toilet facilities of the non -sewer type shall conform to ANSI Z4.3.
I also understand (Section 115.5) that the person requesting an inspection shall'ptovide'
the code official with any ladder, scaffolding or test equipment necessary to conduct the
requested inspection. I further understand thatat the time of inspection all finished.
surfaces (floors, walls, etc.) shall be protected and the moving of any fixtures or furniture
is the responsibility of the person requesting the inspection.
If you have any questions about building permits, please call John S. Trenary, Building Code
Official, at 665 -5650. If you have any questions about burning permits, please call Dennis
Linaburg, Fire Marshal, at 665-6350.
Signed and acicnowledged by e'a 4-0- n e, in the County of Frederick,
Virginia on the 19TH day of Oc f,h b z 20 o C, in the presence of the
and :ned witness
affirm that I am the owner v l
P 4)Ar tor
APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
OFFICE USE ONLY
Submittal Deadline:'
For the meeting of
Variance Applicat
Submittal Date: 7s/D(dt
Fee Paid:
Sign Deposit
MUST BE TYPED OR FILLED OUT IN INK PLEASE PRINT
I. The applicant is the owner X other (Check one)
2. APPLICANT: OCCUPANT: (if different)
NAME: Dennis Longerbeam NAME:
ADDRESS 329 Russell Road ADDRESS:
Berryville, Virginia 22611
TELEPHONE: 540/955-6264
3. The property is located at (give exact directions and include State Route numbers):
Lot 48 is located in Frederick County on the eastern side of U.S. Route 522
(Front Royal Pike) south of the intersection of Front Royal Pike anr1TT_S_
Route 17/50 (Millwood Pike) in the Red Fox Run II Subdivision. Lot 48 is
is located at the end of the easternmost cul -de -sac of Travis Court
4. The property has a road frontage of 58.9 feet and a depth of 105 feet
and consists of 0.3D acres (please be exact).
6
SEP 2 1 2006
t J
;TTY
PI
TELEPHONE:
5. The property is owned by Dennis Longerbeam Construction, L.L.C. as evidenced
C 8 u
b deed from He iction recorded (previous owner) a sk
as�Y Inst rumen o.
Rtte of the deed books of the Clerk of the Court for
Frederick County. Please attach a copy of the recorded deed.
6. Magisterial District: Shawnee
7. Property Identification No.: 64D- 8 -2 -48
8. The existing zoning of the property is: RP
9. The existing use of the property is: Residential
10. Adjoining Property:
USE ZONING
North Residential RP
East Open Space RP
South Residential RP
West Residential RP
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 1.0' front setback variance for the front load attached
2 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
See Attached
7
12. This dwelling and attached front load two -car garage was positioned on this lot to
accommodate the reasonable direct access at the existing curb and gutter driveway
connection.
Steep slopes at the rear of this lot restrict the ability to freely place the location of the
building foundation. This lot was designed with extensive geotechnical evaluation at
the time of subdivision construction that specifies foundation placement. These
specifications were followed for this dwelling.
The existing storm drainage structure and drainage pipe at the front N.W. corner of
the lot and along the northerly side property line created limitations on moving the
driveway entrance from its existing location.
The building plan layout for this dwelling was reversed for construction on this lot in
an effort to meet the lot limitations listed above. This field change did not reveal a
setback issue along the are of the curve for the cul -de -sac right -of -way and 35'
setback line.
Kum N. Porter
Address 149 Travis Court, Winchester, VA 77607
Property ID 64D- 8 -2 -45
Michael A. Cabaniss
Address 151 Travis Court, Winchester, VA 22602
Property lD 64D 8 2 46
Michael L. and Christine
M. Coss
Address
153 Travis Court Winchester, VA 77609
Property ID 64D 8 47
Jamie C. and Sunny L.
McGann
Address 154 Travis Court, Winchester, VA 22602
PropertylD 64D- 8 -2 -49
Robert A. and Veronica M.
McDonald
Address 152 Travis Court, Winchester, VA 22602
Property ID 64D- 8 -2 -50
Charles V. Loudermilk
Address 150 Travis Court, Winchester, VA 2260t
PropertylD 64D- 8 -2 -51
Address
PropertylD
1
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:
NAME
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.
9
AGREEMENT
VARIANCE boo
(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 APPLICANT ti c eA---
DATE I 2-6' 1156
SIGNATURE OF OWNER DATE
(if other than applicant)
BZA PUBLIC HEARING OF
OFFICE USE ONLY-
/0/ 7
DA E
APPROVAL SIGNS 9'/ U J
DENIAL DATE:
10
ACTION:
BZA HAIRMAN
'Brenda M. Brawn
-950-127
a tai
akCr.q
R "ealt
Incl
1665-939j