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HomeMy WebLinkAbout08-05 ApplicationVARIANCE APPLICATION #08 -05 WOLFGANG WINZER Staff Report for the Board of Zoning Appeals Prepared: April 7, 2005 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staffto 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: April 19, 2005 Action Pending APPROVED LOCATION: 127 Lake Serene Drive (Route 677) MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER(S): 31B-1-3 PROPERTY ZONING USE: Zoned: RA (Rural Areas) District Land Use: Residential ADJOINING PROPERTY ZONING USE: North: RA (Rural Areas) Use: Common Land South: RA (Rural Areas) Use: Lake East: RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Residential VARIANCE REQUESTED: The applicant is requesting an 18 foot left side yard variance. REASON FOR VARIANCE: Insufficient space within existing structure and topography does not allow a different approach. Variance Request #08 -05, Wolfgang Winzer April 7, 2005 Page 2 STAFF COMMENTS: This property was created in 1972 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 -1 (Agricultural Limited) in 1972. 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 50' sides. Staff would note that this properly was subject to a lot consolidation between lots 2B 3, in 1995. This consolidation created this one acre lot. This consolidation would allow for an addition to be added to this structure. This proposed new addition would meet the current RA setbacks. The current house left side setback is at approximately 34' from the right property line. STAFF CONCLUSIONS FOR THE APRIL 19, 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 18 'on the left side of this property. The existing structure on this property has already been established with a 32' setback on the left side, and therefore is legally nonconforming. Should this variance be granted, the building setbacks for this property would be: 32' left side of the property (see plat). It appears that this variance does not meet 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 not justified. The applicant has more than fifty (50) feet on the right side of this property. 31B 1 B LAKE SERENE, INC Application LakaslPontls w streams Buidings Tanks Map Features Bridges Culverts Dams 0 Parcels Agricultural Forestal Districts /ra,/ Retaining Walls Double Church Road Centerlines Refuge Church N south Frederick ''N. Trails VAR 08 05 Wolfgang G Winzer (31 B -1 3 0 25 50 100 F eet 31B 1 6 BESSELIEVRE, DONN R 318 1 B LAKE SERENE, IP 31 B 1 B LAKE SERENE, IN S /'i r r/ r r r r r r r r r r// r/ r r r r; e f. r r r r r r r r r r r r r r r 'r'/ /r'ri'// i r r/ r// r r i r> r/ r Map Features Bridges Application Culverts Lakes/Ponds Dams Streams Ramming Walls Road Centerlines N ties Buildings Tanks Q Parcels Agricultural S. Forestal Districts Double Church Refuge Church n South Frederick lV VAR #08 -05 Wolfgang GWinzer(31B- 1 -3) 0 25 50 100 Feet 2. APPLICANT: `4 NT: NAME: gtr /2 R ADDRESS 127 awe SE,ea#e 1i,4diEsree 10 .7,210. TELEPHONE:S 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) Page 5 of' 9 OCCUPANT: (if different) NAME: ADDRESS: TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): FRon 44 'vCH Fe S:2 ,o©ery Tv iv 4;6W okra 654 LLO!/ 4P10Y. h Ueiv LF_Fr ONTO cZ 4 /f&9X. m l }zO,4V LEFT iiheN XHgi e y NTO "441`6 sceevE CO/!//. 1.27 F;esi 2fifF_ 4 4Y ,9v 7 LEFT S,OE 1 4. The property has a road frontage of i feet and a depth of 34 feet and consists of 1. 25,2 acres (please be exact). North East South West 5. The property is owned by li/ezFG,', F as evidenced by deed from ,4 (s,. E This g C ke4 recorded (previous owner) in deed book no. 147 on page 2 7 of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: Aarncs b a rm 7. Property Identification No.: .58/7 mar 311t 1- 3 8. The existing zoning of the property is: 4,4 9. The existing use of the property is: Pe, /At rg /Noes 4V6' 10. Adjoining Property: Caw, vn USEn -Lwke 3/ -1 -/m 7.ST acie S res, le --14-1 La-k< Sartre_ (tkc id-Lc) re's, ot'e., fz4.% ZONING R R A' A A 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 s'2» K,42J,WCE FoR 4 "REAR Fkras 4. To ceE/4yF_ OFF; a sP,c MZL Nor &sr /¢NY CLasEe PkoPse-v 4/pt )/%,44, 5X;sh „u6, Srfvcro2F— I 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 /UDr Fl »r s7g4CE wsrh//V E /SGi u6 sreucro,E roPoFf/4P//Y O ©Es /!or Aaw 2irFFes,Ur A)'P ,20r4CN y tl r Pa 6 of l �'V G v2REw r �i�o)6N.I;'ES” Li DA- `ozsi Ao Address /5 64x SEt5,VE 92 Property ID -'g Lj +a w p;3a it -1 3ON/V 4NJ Goei SSE Ue izeE Address 6 L4X6 ,YE,eFI,VE 0,e, Property ID 5g,et #•�,c mar,: 316 -ro Address Property ID Foe e g F l" a Ei(iG/_= c Address Property ID# 3A- /6 j 39k/H4-/t) Peas ;7,r yr L4KE Address 41573 LAKE SEQEA/E Ot n Property ID see s-s` -tae 318 -1-1( L. FOENs i i Address Property ID Address Property ID Address Property ID NAME 13. Additional comments, if any: OFF cE S/'rnCE 2F ov ,eE2 AS 4PPG) G4/u% 1/45171/4 y 2'ESs i ei PS PO C®EP erFicuS /4) 1LE/UVlc/X'P4 r. c 4e £AAC, /A t c R LL EV Fx r4 u,7 ,4-od3 UeAJ tilL-LS 19; APfieo,v d' DAYS PEe f ioNrilp 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. NeiV t;gpf KvLSVk' >4. dot 6 00 Page 8 of 9 PE Nor 61/4611-Y �o SC4 5 3EE E AGREEMENT VARIANCE D S 05 (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, the best of my knowledge, true. DATE //i/,eCH4j' £os' SIGNATURE OF OWNER DENIAL SIGNATURE OF APPLICANT i (if other than applicant) OFFICE USE ONLY BZA PUBLIC HEARING OF 109/05 ACTION: DATE- APPROVAL SIGNIB�-1 Page 9 of 9 DATE: 1 4 DATE BZA CHAIRMAN The Board of Directors of the Lake Serene Homeowner's Association met at the home of David Bowman. David Bowman, President, called the meeting to order at 7:00 PM. Present were David Bowman, Frank Armstrong, Linda Kulstad, James Olsen, Kim Rhodes. and Wendy Jones, J.T. Anderson was absent. Approval of Minutes Upon a motion, duly seconded, the board unanimously dispensed with the reading of the minutes of the October 23, 2004 meeting and approved the minutes as provided to the members. NEW BUSINESS Construction and Improvement Requests Lake Serene Board Meeting 20 December 2004 Kvsela. Lot 26 The board considered a request for a dog kennel constructed of chain link fence with a wooden roof structure supported on posts. The kennel is to be constructed on a concrete slab that had been approved for parking at the October 23, 2004 board meeting. Members were provided a letter from Dr. Eric Redmond objecting to the kennel. It was noted the kennel had been constructed, except for the roof, within the past fortnight; even though the President had informed Mr. Kysela the board had not considered his request. A discussion was held concerning the covenants prohibiting fencing. Concern was also expressed that the structure may be within fifteen feet of the side lot line, which is also prohibited. A motion was made to deny the construction of the kennel and authorize the officers of the Association to consult with our attorney before replying to Mr. Kysela. The motion was duly seconded and unanimously approved. Winzer. Lot 3 The board reviewed plans for an addition to the house. The proposed addition maintained the current architectural appearance of the house and conformed to the covenants with respect to exterior materials. A motion was presented to approve the plans as conforming to the covenants. The motion was duly seconded and unanimously approved. Slauehter_ Lot 23 The board reviewed a plat and casement for a drain field on the opposite side of the road from Lot 23. A motion was made to approve the easement and authorize the President to sign on behalf of the Association. The motion was duly seconded and unanimously approved. Breidinger Lots 33 34 The Board considered a request by Phyllis Bredinger to construct a 12'x16' shed, bridge and gazebo at various locations on Lots 33 34. It was noted the shed had been built and was in conformance with the covenants. The bridge and gazebo is planned to be built in