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HomeMy WebLinkAbout13-05 ApplicationVARIANCE APPLICATION #13 -05 ALL IMPORTS MORE, LLC Staff Report for the Board of Zoning Appeals Prepared: May 9, 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. !t may also be usefid to others interested in this zoning matter. BOARD OF ZONING APPEALS HEARING DATE: May 17, 2005 Action Pending APPROVED LOCATION: 331 Clydesdale Drive MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER(S): 76B -1 -3 -228 PROPERTY ZONING USE: Zoned: RP (Residential Performance) District Land Use: Residential ADJOINING PROPERTY ZONING USE: North: RP (Residential Performance) Use: Residential South: RP (Residential Performance) Use: Residential East: RP (Residential Performance) Use: Residential West: RP (Residential Performance) Use: Residential VARIANCE REQUESTED: The applicant is requesting a front variance of one foot, six inches and a left side variance of one foot, four inches. REASON FOR VARIANCE: To correct violations of the building setbacks. Variance Request #13 -05, All Imports More. LLC May 9, 2005 Page 2 STAFF COMMENTS: The applicant is requesting a variance to abate violations of the building setback requirements for the RP (Residential Performance). The front setback is one foot, six inches over the setback line. The left side setback is one foot, four inches over the set back line. The Frederick County Zoning Ordinance requires building setbacks for the RP zoning district to be: Front 35'; Sides 10'; Rear 25'. The applicant purchased the property to finish the construction of the existing dwelling. The dwelling was in violation of the setbacks when the applicant purchased the dwelling. Repairs and corrections were required by the Frederick County Building Department. These repairs were completed and resulted in the setback violations. 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. Granting of this variance may be appropriate, in that there will be no substantial detriment to any adjacent properties or character of the zoning district. Page 5 of 9 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: Zr.perks *Mom.. NAME: ADDRESS i ga4 \Mate, Aye ADDRESS: l.Ar 4� \(A Pa 5 TELEPHONE: 414 4 74 5y a0 (Jitsw-% TELEPHONE: 1111 1111'11 F11. 11 LEr APR 2 2 2005 I J 4. The property has a road frontage of ©b 83 feet and a depth of 86. feet n. p and consists of 0,36 9,5 acres (please be exact). H8,7 an Nes 3. The property is located at (give exact directions and include State Route numbers); saa h h n_ Q.n� r non c ly de cide Or. -b or, 4hc.. %ht FREDERIU LA:r.I:y u_DCK EVCCOLOPNTY PAENT 9. The existing use of the property is: urxker Con5rru rho n 5. The property is owned by A I t Sam 4 Mort Ll C as evidenced by deed from C REC B1,;4 Ir e rs, LlC recorded (previous owner) in deed book no. 8003 on page <do31 of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District (74h-wle.e-. 7. Property Identification No.: `1 e a 1 t 3 a2 8. The existing zoning of the property is: AD 10. Adjoining Property: North East South West ZONING RP RP RP 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.") o• M" CS" `rnn- e Sawa q 0. tc En se 3 kA Slat. 4 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 adiacent thereto 12. Building permit was pulled Mr. Ambrogi was told not to start building due to 4 other homes he started Mr. Ambrogi did not listen and hired Diamond Walls to do the foundation Diamond Walls poured the walls. We later find out that they had poured the walls twice both times incorrectly. Mr. Ambrogi was told to correct this problem. We leave town We return to find that he has worsened the situation by hiring a framer and frames the house (the framer Buster Cubbage has since died) See photos for walls /framing We asked Mr. Ambrogi to account for the construction draws and repair the issues with the walls, he did neither and totally stopped working on the house and left it set We further found through legal proceedings that there were mechanic liens on the property; at this time Mr. Ambrogi even stopped answering his phone. We talked to the county inspectors and they asked us to draw a sketch on repairing the wall so we did and they accepted the modifications. Set a $aahs.d s k»ke-V+ So they were repaired, inspected and passed by the county. We thought all was good. Until the final house location survey. That showed that we had two set back violations. One issue is on the side of the garage consisting of 0.6' (7 inches). We are in the process of satisfying this issue with a boundary line agreement with the neighbor. The second issue is on the front side of the garage consisting of 0.4' (5 inches). See attached plat. We are here at your mercy so please help end this whole ordeal. Con kr Eb-tri. k s .t Address T Bps( 1 1 V 1 a s P roperty ID n is Pi- a 3 a an A Y'o c Common of co_ COSH e5 s Bc_)i Address 70 13-el (-No c phens V4 -3 (c s Property ID 9tr 1j- 3 -1.S /1 gC (tin C'� Carle a t' III. =-C -din Address 33' Ci1t-lrzscto It. 1Dr. TC: A UA v PropertyID +)Ce f3-- 3 -c� ;7 -5,3 N-c 4- I1� rk S uciZ Y c I- Address I I i cts c a e C ra i- N<- eIl tib C VA W ProPertYID #iL 3- a 3 1 8 ch c\n 2\ 4 Kull, S kcir- 4 Address I Ig LI f7/1-1 l9c41t Slrehtlts CL4- VAa3u S c Property ID rl(e E� a 3 -an 1 4 Address fao ctra�o en, .F .n5C l VA- oofa$s L F�'r �an j��I��s 4 Tef�s�- y Lee, Property ID r)& j3 Q 3 2 I Lo G lz I� nn os -e 4n n K1etnc r Address Ii1a Lcasce� Lf .de 'time (n UA aacc PmPertYID r(p 8- I-3-0 5, -pill im c-I 41MAL LLC Address i CI 7r1en Pe. Tr. fknCL-1 UA Property l nip?, I -3 -9 a% w 13__Additional comments, if any: 14. The following names and addresses are all of the individuals, liniis, 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: Paee 7 of 9 w 15. Provide a sketch of the property (you may use this page or attach eer Show proposed and/or existing structures on the roe including engm °s awing). s to all property lines and to the nearest structur on oinin pro measurements structure (s) d include any other exhibits, drawings or photographs p Properties. Please g P graphs with this application. Page g of 9 5 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 c 1 Lo DATE if /D/ /CC SIGNATURE OF OWNER BZA PUBLIC HEARING OF 10 S DATE- APPROVAL DENIAL AGREEMENT VARIANCE /3 -DS (Number to be assigned by the Planning Dept.) (if other than applicant) OFFICE USE ONLY- Page 9 of 9 w ACTION: DATE: 5 7 0,S DATE S DATE J 994 NO. RADIUS ARC TAN BEARING CHORD DELTA C1 379.00' 108.83" 54.79' S 354536" W108.46'16'27'1/" w 103.2\ ONE STORY BRICK FRAME DWELLING NO POSTED 1 697 SIDEWALK TIRE N43V859 70k5* 70]' 79348 LOT 218 Z 034 alCONC. II w AD 698.7, n I I k 7 81.6 1\ L LOT 227 I 1 II Toes I 1 696 Ol 1 k W 1 I 695. S? .6 7 1 698. 69 69 0E1 LEGEND IRF IRON ROO FOUND BRL BUILDING RESTRICTION UNE TRB TELEPHONE RISER BOX 1VRB CABLE IV RISER BOX SDG STORM DRAINAGE GRATE WM WA1ER METER FFE RNISHED FLOOR ELEVATION GFE GARAGE FLOOR ELEVATION BFE BASEMENT FLOOR ELEVATION 720<5— EX. SPOT ELEVATION 720— EX. CONTOUR 70 10 R A /N &6 Ae F N S T 15'gos1 N 765<3 7.7 LOT 217 8 697 NOTES: 1. NO 717LE REPORT FURN /SHED. 2. PROPERTY IDEN77F/CAT70N NO. 76B -1 -3 -228 3. EASEMENTS OTHER THAN SHOWN MA EXIST 4. THIS LOT IS SUBJECT TO A 15' 1.177L /TY EASEMENT AND AN 8' ACCESS/MAINTENANCE EASEMENT ALONG CLYDESDALE DRIVE. site 7054 7054 7084 SP 7044 705.4 05 04.1 BRL 704x— 023 703.8 7034 i —G X 701 at 0I CLYDESDALE DRIVE 52' R/W FLOOD NOTE ZONE: C COMMUNITY NO.: 510063 PANEL: 0200 B R' DATE: 07 -17 -78 LOT 216 70NQ, 709*2 L OT 228 M',096 SQ. FT 705.4 63 7ioI 96 696 4' 1 698.4 OM 97.5 —6 6972" 5 EX 15' WA 9 6.J OPEN SPACE Max T GAS UNE CIAO- GRAPHIC SCALE 1 Inch 30 ft. CURVE TABLE LOT 215 TER UN ESM'T OF SURVEYOR'S CER77FICA7E HEREBY CERT7FY 77-/AT THE INFORMA770N SHOWN ON THIS PLAT IS BASED ON AN ACTUAL FIELD SURVEY MADE UNDER MY SUPERVISION ON APRIL 15, 2005 AND THAT TO THE BEST OF MY KNOWLEDGE AND BELIEF THERE ARE NO ENCROACHMENTS OR VISIBLE EASEMENTS UNLESS SHOWN. HOUSE LOCH 710N AS -BUILT TOPOGRAPHIC SURVEY LOT 228 SECTION THREE N PHASE CANTER ESTATES CLYDESDALE DRIVE SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA APRIL 21, 2005 ID 5263A MARSH 8c LEGGE 560 NORTH LOUDOUN STREET WINCHESTER, VIRGINIA 22601 Land Surveyors, P.L.C. PHONE FAX (540) 667 -0469 1 1 U as-8 sill Ito... kor•c ovU- Z fNw O eus'rune, ,mss re 29 L 211 W e 6q No l o nct cs S iq l 8 '�r ,d 0 4 W all �Sha �e /'du.�ed Sd fa 8.,, !Na /l. y�r-YO he a /e�Lls✓ 6 Alma Ai" it/ CI NE: i .8 An appr ved 3 :ann must he ?rapt on the job sit p i-or)) ure to have pirrns may result irxthe re}aetion of the schedut3d inspection. P iv PLAN APPROVED FOR NSTRUCTioF*e CA COUNTfl P. TMeiNT OF s ?E POSS 17 r.� ANY PART C ;1 ON PLANS Att) WHEN E kip