HomeMy WebLinkAbout04-05 ApplicationVARIANCE APPLICATION #04 -05
LESTER MCDONALD
Staff Report for the Board of Zoning Appeals
Prepared: February 28, 2005
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. 11 may also he useful to
others interested in this zoning matter.
BOARD OF ZONING APPEALS HEARING DATE:
March 15, 2005 Action- ending
rs r^OVED
LOCATION: Off of Martinsburg Pike (Route 11 North) on Woodbine Road.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER(S): 33A -A -23
PROPERTY ZONING USE: Zoned: RA (Rural Areas) District
Land Use:
ADJOINING PROPERTY ZONING USE:
North: M -1 (Industrial, Light) Use: Vacant
South: RA (Rural Areas) Use: Vacant
East: RA (Rural Areas) Use: Residential
West: RA (Rural Areas) Use: Residential
VARIANCE REQUESTED: The applicant is requesting a 10 foot right side yard and 15 foot
left variance.
REASON FOR VARIANCE: The lot predates the current zoning ordinance with regards to RA
setbacks and prevents any new structure to be built.
Variance Request #04 -05, Lester McDonald
February 28, 2005
Page 2
STAFF COMMENTS: This property was created in 1964 as noted by the deed and plats included
in your agenda. Frederick County adopted performance zoning in1967. 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'front and 15' sides. Frederick
County amended its Code in 1989 to change the rural zoning districts to the current RA (Rural
Areas) zoning district. The current setbacks for property in the RA zoning district abutting lots with
residential use are: 60'front, 50'rear and sides.
STAFF CONCLUSIONS FOR THE FEBRUARY 15, 2005 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 variance of 35'on the left side and 40' on the right side of this property.
Should this variance be granted, the building setbacks for this property would be: 15' left and 10'
right side of the property (see plat). It appears that this variance meets the intent of the Code of
Virginia, Section 15.2 -2309 (2), and this request for a 35' and 40' variance from the current setbacks
of the RA zoning district may be justified. Should this variance be granted, it will allow this parcel to
have the similar setbacks of the adjacent properties.
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SEMPELES, GEORGE M.
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DEHAVEN, MANUEL C.
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VAR 04 05
Lester McDonald
33A A 23
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Feet
34 A 6A
LESTER PROPERTIES-VA
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VAR 04 05
Lester McDonald
33A A 23
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200
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: OCCUPANT: (if different)
NAME: S rn CIlo/1440 NAME:
ADDRESS 1 b U) l ex( Ain gm PA
TELEPHONE) t) -'7 r 6001 TELEPHONE:
3. The property is located at (give exact directions and include State Route numbers):
co i 1 t)Oc 6t -e i s `i 1 51
A'
4. The property has a road frontage of Q 5 feet and a depth of Z013 feet
and consists of 9 acres (please be exact).
Page 5 of 9
ADDRESS:
c
5. The property is owned by 51- €e I Y t v� 06 a 42....6 as evidenced
by deed from 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.
i
6. Magisterial District: Uri
7. Property Identification No.: 33 A- 2.3
8. The existing zoning of the property is: 9- 12- n
9. The existing use of the property is: (p U 5
10. Adjoining Property:
USE
North 6 Ogii e -eo
East 4ts -e,
South O e@Ki 1i etto
West I SR._
ZONING
P/0
0
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.
rtU Lt.( L 0 A l (1/l
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
eitcv 5 z,k- 6 s A Yl a,e2123 4.)
Page 6 of 9
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Address 2-V' LO OODg /n ,22, L HZ oole
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Property ID #�J3 A a 1
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6 e0 Co L� '7'? CY 3
Address )SS`I L C)' n e. pcl ("f 6flbic
Property ID 33 a 9,
Address
Property ID
Address
Property ID
Address
Property ID
Address
Property ID
Address
Property ID
Address
Property ID
NAME
1 3. 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:
Page 7 of 9
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.
Page 8 of 9
AGREEMENT
VARIANCE O 1 66
(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. p
SIGNATURE OF APPLICANT o�//d /P2 v
DATE 3I/tio s�
SIGNATURE OF OWNER
(if other than applicant)
OFFICE USE ONLY-
BZA PUBLIC HEARING OF 3 Sib 5 ACTION:
D TE-
V APPROVAL SIGNELJ—
Page 9 of 9
DATE
DENIAL DATE: I i_cI DS
Feb 16 05 11:58a
•RRON STINE
540 6678126
p.2