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Home My WebLink About11-05 ApplicationVARIANCE APPLICATION #11 -05 JOHN AND CHRISTINA DICKS Staff Report for the Board of Zoning Appeals Prepared: May 6, 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: May 17, 2005 Action Pending. APPROVED LOCATION: 581 Germany Road (Route 625) MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER(S): 73 -A -89 PROPERTY ZONING USE: Zoned: RA (Rural Areas) District Land Use: Residential ADJOINING PROPERTY ZONING USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Residential VARIANCE REQUESTED: The applicants are requesting an 18 foot front yard variance. REASON FOR VARIANCE: Applicants desire to replace existing mobile home with a new one. Variance Request #1 1 -05, John and Christina Dicks May 6, 2005 Page 2 STAFF COMMENTS: This one (1) acre property was created prior to Frederick County adopting performance zoning, which was adopted 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'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. The applicant is requesting an 18' variance to allow for a new mobile home on the property. The mobile home currently located on the property is more then 30 years in age and needs to be replaced. This model is no longer in stock to enable the applicant to make a one for -one replacement, as required for non conforming uses. STAFF CONCLUSIONS FOR THE MAY 17, 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 an 18' front yard variance. Should this variance be granted, the building setbacks for this property would be: 12' front and sides for this corner lot. The application of the current setback requirements of the RA zoning district may produce an undue hardship due to the narrowness of the property. The granting of an 18' variance may be justified. R's 0 to O CO O) o 4 a co o r N It c Q v 1 Lo 0 M N 06 1--- O c 0 Ft Ft g U E 8 3 00 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA MUST BE TYPED OR FILLED OUT IN INK PLEASE PRINT I. The applicant is the owner other (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: Sohn P. [);L )Tr NAME: Chr;s f, AA. chS ADDRESS 581 Ger m pny RP ADDRESS:58 eernicny I?D S� C ohen 6 VA aa tSs -ephen C'4'y v j adbss TELEPHONE: 8698- O t a O TELEPHONE: 81,8-06)0 3. The property is located at (give exact directions and include State Route numbers): 107w Kents o- Leff (mit ?r6t ;fi lakegLt° BRocp o f h 'o s *ro; %Sht +ho, h )fihf on To VALi-Ey f ke G ri'ht on +o rviIDlLF. Rb go Qboy* (P mr is rn Le+1- ah.) -a CGrfers LN So to S1c4 5,911 +urn r 5m'an G ny !j 1) $r.Si Drive wc( ih= Leif 4. The property has a road frontage of 30 1 feet and a depth of I3 y feet and consists of acres (please be exact). Page 5 of 9 s 5. The property is owned by TO n Di ck( Chr;si Dirk' as evidenced by deed from A (fry L 0 c h r S l yce A, P; trl'ecorded (previous owner) in deed book no.E Ns t r(tM9"8n pagei gooloy /9 of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: Opt, q LI 0 h 7. Property Identification No.: 7.3 A The existing zoning of the property is: 9. The existing use of the property is: R e.5s U d e PC-C. 10. Adjoining Property: USE ZONING North R eS Gence /is`' East n}ea;denc South J<PS ;tierce West R es cl 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. /8-F Fr -f yard VGr ahr,r for Date b l c. w; 4e +rchit) r 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 �o t7 R hr< e t✓ Page 6 of 9 13. Additional comments, if any: f ke iII er v ie e I; ve i h i S J /years 0 i ±h Ce./;h5 leak S' +herr. cricks Ih 1 he Walls holes h tht floor Aof war +1, 'rho' SOW) e }hI h■Le jh our fif 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 we iv n. Address Q Cj OX 073 to 1.&1 rc. z2.t4d4 k c -SS,1 n C Property ID 73 A Snepp, Al Fce■ L. +-San, �nC Address Z 2 3 O I as r lc 24 S kph. Q 4 '°55 e Pro ID Property 73 a —i3 Po.eJIC-C -1 r�Q„ (V1 C(o E 4- u s r h P ✓ll Address P_ O. B o$ a� c o w i ne C. Property ID 7 3 /I ?-s v f f futon, Address 5oa Ge rrnr, n7f R l A. 3t nQ. 27400a._ C-\ (J Property ID t 7.2 4/ 7 e_ar bot. cnk I Qa.u la 4 Address 55c l::_.o,vc- s CG,zo Iie_Qa. W;vim Da- Property ID '73 A -3 Address Property ID Address Property ID Address Property ID 13. Additional comments, if any: f ke iII er v ie e I; ve i h i S J /years 0 i ±h Ce./;h5 leak S' +herr. cricks Ih 1 he Walls holes h tht floor Aof war +1, 'rho' SOW) e }hI h■Le jh our fif 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 we iv n. s 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 -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, to the best of my knowledge, true. SIGNATURE OF APPLICANT DATE SIGNATURE OF OWNER CI�Y(,P/.�1 Qad DATE O7 QS (if other than applicant) OFFICE USE ONLY BZA PUBLIC HEARING OF CA 7 /DS ACTION: DAIE- r V APPROVAL SIGNL''H:�� `�,t ul,ccC 5 \1 l BZA C#IAmMAN DENIAL DATE: Page 9 of 9