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HomeMy WebLinkAbout05-05 ApplicationVARIANCE APPLICATION #05 -05 ANN W. SMITH 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. It may also be useful to others interested in this zoning matter. BOARD OF ZONING APPEALS HEARING DATE: March 15, 2005 cti©n- Pe+tling j�,?pt ovrm LOCATION: Off of Cedar Creek Grade (Route 622), right on Fromans Road (Route 623), approximately one half mile on the right. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER(S): 72 -A -8 PROPERTY ZONING USE: Zoned: RA (Rural Areas) District Land Use: Vacant ADJOINING PROPERTY ZONING USE: North: RA (Rural Areas) Use: Vacant South: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: Vacant West: RA (Rural Areas) Use: Vacant VARIANCE REQUESTED: The applicant is requesting a 35 foot side yard and rear yard 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 #05 -05, Ann W. Smith February 28, 2005 Page 2 STAFF COMMENTS: This property was created in 1961 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 Tots with residential use are: 60'front, 100'rear and 50' sides. STAFF CONCLUSIONS FOR THE MARCH 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 15 feet on the right and left side of the property and 65 feet for the rear of this property. Should this variance be granted, the building setbacks for this property would be: 35' for left and right sides of the property and 35' rear 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 variance from the current setbacks of the RA zoning district may be justified. 700 72 A 7A BROWN, JOSEPH C LENORA M 1R 72 A 9 SMITH, CARY W KATE S 72 A SHUNTING ANC. 10056 72 A 7 HUNTING, INC 72 A 10 VAR #05 -05 Ann W. Smith (72 A 8 ,a„ Feel RICHARD, MARY ALICE 72 A 20A BURROWS, ELLEN S E SMITFO•CARY W KATE S RICHARD, MARY ALICE 72 A 7A BROWN, JDS C LENORA M 12!k SHUNTING,INC, 72 A 7 1 r HUNTING, INC 72 A 10 72 A 20A BURROWS, ELLEN SHULL Psi r,A Y MAS 10050 VAR #05.05 Ann W. Smith (72 -A -8) 50 100 200 Fee. ADDRESS a 11 a. x,243/ TELEPHONE: 103 Page 5 of 9 ADDRESS: 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 V other (Check one) 2. APPLICANT: J /l NAME: ,U h4 NAME: OCCUPANT: (if different) TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): /1)747r Se geg, (012.2; Ai t 604 £fl4,DS 3I) 4. The property has a road frontage of ,/I 53 feet and a depth of,t d/ feet and consists of r. 9 L acres (please be exact). 5. The property is owned by 4/0"). r as evidenced by deed from 'Vci4z' r s recorded (previous owner) in deed book no. 274 on pa of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: '�(afr 7. Property Identification No.: 72 ,4 —V 8. The existing zoning of the property is: /C 9. The existing use of the property is: T 10. Adjoining Property: 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 AfriM c lGi4Se&he r ilneo rn 12. List specific reason(s) why the variance is being sought in terms of: O exceptional narrowness, shallowness, size or shape of property, or O exceptional topographic conditions or other extraordinary situation or condition of property, or USE .II th u e or development of S 4 s pr mmedi9tely a.j.cen f r doe_ I thereto 4 ZONING /en- /1541 22/ d itel i- Page 6 of 9 7 A iV,,e d Address '/73 "V/ ZiA 1, i* a Property ID 72-4 '2 8aZgetais Address Q,53/75ny CLg,�"J�g2f, ca 77 Property 72-4-204 l lU J ID S Address. %X7a7a/ 64j a2740/ Property ID 72.4 -7 Address Property ID Address Property ID Address Property ID Address Property ID Address Property ID NAME 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: 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 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 DATE ,06 SIGNATURE OF OWNER APPROVAL DENIAL AGREEMENT VARIANCE d s— 0$ (Number to be assigned by the Planning Dept.) (if other than applicant) OFFICE USE ONLY- BZA PUBLIC HEARING OF 3/5 6 ACTION: -DA E- SIGNS DATE: Page 9 of 9 3 I LOO DATE BZA CRAIRMAN Instrument No. ,Z7e Planning Office, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540- 665 -5651 Facsimile 540- 665 -6395 Know All Mon By These Presents: That I (We) 4 JJJ/J21874 (Phone) 703 c<743 (Address)/ /MI6 ACE i RIHX !/fl -2203/ the owner(s) of all those tracts or parcels of land "Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Parcel: Lot: Block: Section: Subdivision: do hereby make, constitute e and appoint: (Name) 31laU 14 T /77 (Address) ,553q4,40 �f R4R'irVc//R /,QII.IJe 4'4 M4, 224641 To act as my true and lawful attomey -in -fact for and in my (our) nettue, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: Signature(s) da State of Virgin Special Limited Power of Attorney County of Frederick, Virginia on Page ,Z04 and is described as (phone)6314-97?-3324 Phone) j 97? 3385 Rezoning (Including proffers) Conditional Use Permits Master Development Plan (Preliminary and Final) Subdivision Site Plan My attomey -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have.hereto setmy_(our) hand and seal this 7 day of J c? n u a it/ 2006 ounty of A,4,; //A x To -wit: l /,t/ friii 0 Mk fit a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who is (are) known to me, personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this /r day of 7Aei 200 S. My Commission Expires: Oljadd 0 W h, w a 0 00 O 3 .0 "1 •0 C! 0 O 4 0 ".0 a01 cow/ cut NG O 0\0 Q a. a_ I wg� as In ;t 300 COPO Ce p 00 R7cp d V, 3 0 MYERS to .SMITH 1.0 Acre rs O Moyer 's other land cY i ce% 2 P.& 7 7 RAZ o r'< Fez- ti� Moyer' s' 0 other land The above traot of land, located on the North side of Road No. 623 and about 1 mile Northwest of Marlboro, and situate in Back Creek Magisterial District, Frederick Couaty,.virginia, is bounded as follow Beginning at (1) a point in the center of Road No. 623 in the center of a bridge Ofve over FroaanoAun; thence with the center of Road No. 623 N S0 deg. 35 aim. H 100.0 feet to (2) a point in the center of Road No. 623; thence N 64 deg. 17 min. W 11.0.0 feet to 3 a point in the center of -Road No. 623 opposite an iron peg on the North Bide of the rood; thence with 2 aew4Qivisica lines through the lard of Moyer N, 37 a`eg min. 'E 241.7 fe ©t to (4) an`iro n peg; thence 9.59: deg. 37 min. E 201.5 feet ;to (5) as iroa peg a s wine, f ence in the cantor of the old abandoned mill raoe,in 0radorfl a line; the with 0radorff S 32, deg 04 ®in. W `20.6 feet to (6) an `iron pe th oeator,of t he o ld s 111' y r a o e the 8 °39 deg. 00 min. W "'77f. 7 j4•wa£� .�tha bait isainai 00 alOEioroOr ®B9 1961, have aclmowledp the sane before me in the City aforesaid. term of office expires My Comttission Septet 9, 1 963. Given under my hand this 2nd day of November, 1961. JOSEPHINE M HARRIS Notary Public VIRGINIA FREDERICK COUNTY,.. (SGT. This °instrument of writing was produced to me on the 4th day of November, 1961 at 2:00 P. M. and with certificate of acknowledgment thereto annexed was admitted to record. roO Vw.V 9`A-c 1s- CLE #2214 JOHN T MOYERS, ET UX T0: DEED JOHN H.SMITH, ET UX THIS DEED made and dated this 4th day of November, 1961, by and between John T. Moyers and Helen E. Moyers, his wife, hereinafter called the Grantors, and John H. Smith and Ann W. Smith, his wife, hereinafter called the Grantees, and W. Ray Reynolds, Trustee, and Massanutten Bank of Strasburg, Strasburg, Virginia. WITNESSETH: That in consideration of the sum of Ten ($10.00 Dollars and other valuable considerations paid to John T. Moyers and Helen E. Moyers by John H. Smith and Ann W. Smith on or before the delivery of this deed, the receipt of all of which is hereby acknowledged, John T. Moyers and Helen E. Moyers hereby grant, sell and convey, with general warranty of title, unto John H. Smith and Ann W. Smith, in fee simple, jointly, with the common law right of survivorshi it being intended that the part of the one first dying shall belong to the other as provided in Section 55 of the Code of Virginia the following real estate, together with all improvements and appurtenances thereto belonging and subject to all easements and restrictions of record affecting such realty. All of that certain tract or parcel of land located on the north side of Route No. 623, about one mile northwest of Marlboro, in Back Creek Magisterial District, Frederick County, Virginia, containing 1 0 acre and more particularly described by metes and bounds in that certain plat and survey by Richard U. Goode, C. S., dated October 31, 1961, which is attached hereto and made a part hereof as set out in hasc verba, and being a portion of the same property which was conveyed to John T. Moyers and Helen E. Moyers by deed of JJoseph A. Massie, Jr., Trustee, dated September 12, 1953, and recorded in the Clerk's Office of the Circuit of Frederick County, Virginia, in Deed Book 279, at page 447. WHEREAS: By deed of trust dated July 18, 1961, recorded in the aforesaid Clerk's Office in Deed Book 272, page 205, John T. Moyers. and Helen E. Moyers conveyed to W. Ray Reynolds and William B. Allen, Jr., Trustees, either one of whom may Lot, certain real estate of which the land :herein conveyed is a part, to secure the payment of a certain promissory obligation, in the principal amount of $5,725.00, payable to Massanutten Bank of Strasburg, Strasburg, Virginia; and, whereas Massanutten Bank of Strasburg, which is the owner and holder of said promissory obligation secured by said deed of trust, has expressed its willingne °s that the said W. Ray Reynolds, Trustee, may release from the lien of said deed of trust the portion of land herein conveyed. NOW THEREFORE in consideration of the sum of one ($1.00) Dollar cash in hand paid, the receipt of which is hereby acknowledged, the said W. Ray Reynolds, Trustee, at the request of said Bank does hereby release and quit claim unto John H. Smith and Ann W. Smith the aforesaid mentioned one acre of real estate hereinabove conveyed to them by John T. Moyers and Helen E. Moyers, but expressly retaining the lien of said deed of trust as to the balance of the land described in said deed of trust. The said John T. Moyers and Helen E. Moyers covenant that they have the right to convey said realty to John H. Smith and Ann W. Smith; that John H. Smith and Ann, W. Smith shall have quiet possession thereof; that the same is free from all liens and encumbrances, except as above noted, and that they will execute such further assurances of title as may be requisite. Witness the following signatures and seals and the signature of the Massanutten Bank of Strasburg by its President, and attested by its Secretary, all duly authorized, this date first above written. JOHN T. MOYERS (SEAL) REVENUE STAMPS HELEN E MOYERS (SEAL) CANCELLED W. RAY REYNOLDS (SEAL) Trustee (SEAL) MASSANUTTEN BANK OF STRASBURG,. vTRGINIA BY: F. C. STOVER ATTEST: W. R. REYNOLDS STATE OF VIRGINIA COUNTY OF SFENANDOAH, to -wit: I, Wm. L. Craun, a Notary Public in and for the County of Shenandoah, State of Virginia, hereby certify that John T. Moyers and Helen E. Moyers, his wife, whose names are signed to the foregoing writing, bearing date on the 4th day of November, 1961, have this day ,?acknowledged the same before me in my County and State aforesaid. My commission expires Oct. 16, 1963. Given under my hand this 4 day of November, 1961. WM. L. CRAUN Notary Public STATE OF VIRGINIA COUNTY OF SHENANDOAH, to -wit: I, Wm. L. Craun a Notary Public in and for the County of Shenandoah, State of Virginia, hereby certify that W. Ray Reynolds, Trustee, whose name is signed to the foregoing writing, bearing date on the 4th day of November, 1961, has this day acknowledged the same before as in my County and State aforesaid My commission expires Oct. 16, 1963. Given under my hand this 14th day of November, 1961. WM. L. CRAUN Notary Public. State of Virginia County of Shenandoah, to -wit: I, Wm. L. Craun, a Notary Public in and for the County of Sheandndalh, )State of Virginia, hereby certify that W. Ray Reynolds, Strasburg, Va., of the Massanutten Bank of Strasburg, Virginia, and F. C. Stover, Strasburg, Va., of the Massanutten Bank of Strasburg, Virginia, whose names are signed to the foregoing writing, bearing date the 4th day of November, 1961, have this day acknowledged' the same before me in my County and State aforesaid. My commission expires Oct. 16, 1 963. Given under my hand this 4th day of November, 1961. WM. L. CRAUN Notary Puhu.e 207 208 annexed was admitted to record. MAGNETICS SCALE 50' 1961 MOYER'S OTHER LAND MOYER'S OTHER LAND The above tract of land, located on the North side of Road No. 623 and about 1 mil Northwest of Marlboro, and situate in Back Creek Magisterial District, Frederick County, Virginia, is bounded as follows: Beginning at (1) a point in the center of Road No. 623 in the center of a bridge over Fromans Run;. thence with the center of Road No. 623 6. N 80 deg. 35 min. W 100.0 feet to (2) a point in the center of Road No. 623; thenc N 64 deg. 17 min. W110.0 feet to (3) a point in the center of Road No. 623 opposit an iron peg on the North side of the road; thence with 2 new division lines througt the land of Moyer N 37 deg. 10 min. E 241.7 feet to (4) an iron }peg;:ythencetB 5gede 37 min. E 201.5 feet to (5) an iron peg by a wire fence in the center of the old abandoned mill race in Orndor£_'s_ line; thence with Orndorff S 32 deg. 04 min.`W 20.6 feet to (6) an iron peg in the center of the old mill race; thence S 39 deg. 00 min. 3 176.7 feet to the point of beginning, containing 1.0 Acre more or less. RICHARD U. GOODE Certified Surveyor October 31, 1961 4228 VIRGINIA FREDERICK COUNTY, (SCT. This instrument of writing was produced to me on the 6th day of November, 1961 at 9:45 A. M. and with certificate of acknowledgment thereto Y3 o k \AJDA R 0 P ool ,CLERI g.