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Home My WebLink About16-05 ApplicationVARIANCE APPLICATION #16 -05 STEPHEN DEBORAH SLAUGHTER Staff Report for the Board of Zoning Appeals Prepared: June 10, 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: June 21, 2005 Action Pending APPROVED LOCATION: Lake Serene Drive MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER(S): 31B -1 -23 PROPERTY ZONING USE: Zoned: RA (Rural Areas) District Land Use: Residential ADJOINING PROPERTY ZONING USE: North: RA (Rural Areas) Use: Lake Front South: RA (Rural Areas) Use: Road East: RA (Rura3 Areas) Use: Residential West: RA (Rural Areas) Use: Vacant VARIANCE REQUESTED: 35 foot side variance on each side and 25 foot front and rear variance for construction of a new home. (Resulting in a 15' side yard setback ands- rear setback, ane1+5; front setback) REASON FOR VARIANCE: Lot is exceptionally narrow and will need variance to construct normal sized home. Variance Request #16 -05, Stephen Deborah Slaughter June 10, 2005 Page 2 STAFF COMMENTS: Research of Frederick County records note this property was created in 1972. Frederick County adopted 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 CONCLUSIONS FOR THE JUNE 21, 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 side yards, 25' front and rear on this property. Should this variance be granted, the building setbacks for this property would be: 35' front; 15'sides, and 25' rear. It appears that this variance meets the intent of the Code of Virginia, Section 15.2 -2309 (2), this request from the current setbacks of the RA zoning district may be justified. 9 Application Lakes/Ponds +M� Streams Buildings Tanks Map Features Bridges Culverts At dams Retaining Walls Road Centerlines Trails Agricultural Forestral Districts Double Church Refuge Church O South Frederick 97 �tI v. Z ti 2 y J co h y ti I tV O r o m 2 co I r i� 02 VIP f y. I Q O 4 Variance Request 16 05 Stephen Deborah Slaughter (31B- 1 -23) 0 50 100 200 Feet 0- 1 29 HILL!DOUGLASS 0 R B ADFIicabon Lakes/Ponds w.— Streams Buildings Tanks Map Features /N/ Bridges Culverts N Dams t%/ Retaining Walls Road Centerlines \i Trails O Parcels Agricultural Forestral Districts Double Church Refuge Church South Frederick l Variance Request 16 05 Stephen Deborah Slaughter (31B -1 -23) 0 50 100 200 Feet 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 X other (Check one) OCCUPANT: (if different) 2. APPLICANT: NAME: Stephen R. Slaughter NAME: Deborah J. Slaughter ADDRESS312 Handley Blvd ADDRESS: Winchester, VA 22601 TELEPHONE: 540 667 -6827 TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): From Winchester, take Route 522 North. Turn right on Cedar Grove Rd (654). Go approximately 2 miles. Turn left on St. Clair Rd (677). Turn left on Lake Serene Drive. Turn right immediately. toss dam. Top of hill, 1st lot on left past 1st house. See activity. 4. The property has a road frontage of 127 feet and a depth of 450 feet and consists of 1 3 acres (please be exact). Page 5 of 9 L'I,!I JL MAY 2 0 2005 j FREDERICK COUNTY PLANNING DEV'ELOOLIIENNT 5. The ropp is owned by Stephen R. Deborah J. Slaughteasevidenced bydeea`fr n i Kathleen Helen Anderson recorded (previous owner) in deed book no 416 on page 68 of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: Gainesboro 7. Property Identification No.: 31B 1 23 8. The existing zoning of the property is:i� 9. The existing use of the property is: 10. Adjoining Property: USE ZONING North Lake Front East Jones Residenc /2.9 South Road /7/9 West Vacant Lot. Next lot Bergnans residence 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. 35 ft. side variance on each side and 25 ft front and rear variance for construction of new home. 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 Lot is exceptionally narrow. Will -need variance to construct normal sized home. 611/1 Dye Page 6 of 9 S is lfM C71/ S v b I; f s t4411 13, I l ea/ Jones, Wellington Susan Address 299 Lake Serene Drive, Winchester, VA Property ID 31B -1 -24 72 `02 Bergman, Jay Cindy Address 251 Lake Serene Drive, Winchester, VA 22603 Property ID 31B -1 -21 LAee Sett ape- 'IV L-. y o IN( 11,x.. 4-0,.. o 'Lies Se o.n$e.^ i lv Address 2 7 q L. ,4 Seeei -,c 4J'. 114 Property ID# 3 i Q i Q 2.2 G d: Address Property ID Address Property ID Address Property ID Address Property ID Address Property ID 13. Additional comments, if any: My wife and I have owned the lot for 21 years. We have paid real estate taxes and Association dues for this time period. We now plan to build our dream home and become part of the existing Lake Serene community. 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 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 /(r65 (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 S l 2 v I SIGNATURE OF OWNER ,(It ,ti APPROVAL DENIAL (if other than applicant) OFFICE USE ONLY- BZA PUBLIC HEARING OF (P/A l o S ACTION: DA E- DATE: Page 9 of 9 DATE SIGNED:. _03•IA Qct_ t BZA CfIAIRMAN z U t N 0. k w h G o C I J J I r I t rn I! 1 i�� y C N N S ID;E S;fON CON[@E4P,TS! Architecture Design Concepts P C. Wet t Chet Street. 5wte 200 Phone 55401722 7247 Windies0ee. Virginia 22601 W. 55401722 -2249 SLAUGHTER RESIDENCE HOUSE ON LAKE SERENE FREDERICK COUNT', VIRGINIA 11 111 b Dear Mr. Cheran: Mr. Mark R. Cheran Zoning and Subdivision Administrator Department of Planning and Development County of Frederick 107 North Kent Street, Suite 202 Winchester, VA 22601 -5000 Re: Variance Request #16 of Stephen Deborah Slaughter 251 Lake Serene Drive Winchecter VA 22603 June 15, 2005 This letter is our input, as adjoining property owners, to the public hearing on the referenced variance request, which is scheduled for Tuesday, June 21, 2005 at 3:25 pm. Our comments relate to the requested 35 -foot variance on our side of the Slaughter's property. We have no objections to the requested variances for front and rear or the side that does not adjoin our property, since they would have no direct impact on us We moved to Lake Serene to escape from the suburban sprawl f eastern Loudoun County. ou,.our....our Having experienced the unfortunate transformation of Loudoun Country from rural to suburban during the previous 20+ years, we were intentionally looking for as much space as possible between our neighbors. Approval of the requested variance would put the Slaughter's house closer that it otherwise would be permitted to be. As it is, site work that has already been done on the property has despoiled our view and our privacy. Additionally, we have already experienced some personal property damage as a result of the heavy equipment working next door, and do not wish to see the situation exacerbated. For these reasons, we would prefer that the requested variance not be granted. On the other hand, we have absolutely no desire to be unwelcoming to our new neighbors. Nor do we believe that it is appropriate for us to dictate what the Slaughters may do on their own property subject to compliance with the Lake Serene homeowners covenants to which they agreed when they purchased the property since that would be an infringement on their property rights. Tn fact, we philosophically v th normal 50 -foot requirement (from w hi c h th variance is being requested) as an infringement by Frederick County on the Slaughter's same property rights. 1Neveltheless, we also recognize the County's legal right to impose such a requirement m gr tY ement g g P �i the interest of the "greater public good.” 7 The County also has the right to waive (through approval of the requested variance) the normal 50 -foot requirement. In order to do so, however, there should be compelling reasons that justify overriding the "greater public good" associated with the normal 50 -foot requirement. We are unaware of whether there are any such compelling reasons. In any event, we would be in no position to judge whether they would justify overriding the "greater public good." This is a decision that would best be made impartially by the Department of Planning and Development. Accordingly and notwithstanding our preference that the requested variance not be approved we will defer to the decision of the Department as to whether there are compelling reasons for overriding the "greater public good" associated with the normal 50 -foot requirement, thereby justifying approval of the requested variance. Jay M. Bergman Cynthia A. Ber Variance Request 16 Subject: Variance Request #16 -05 Date: Mon, 20 Jun 2005 22:02:34 -0400 From: "Wellington H Jones" <whjones465 @adelphia.net> To: <mcheran @co.frederick.va.us> 20 June 2005 Mr. Charan: As an adjacent lot owner, this is to confirm my support for the Stephen 23, Lake Serene. As the Secretary of the Homeowners Association, I can also report the proposed site plan for their new home as conforming to the covenants.. Thanks for your favorable consideration. Wellington H Jones 299 Lake Serene Drive Winchester VA 22603 Debbie Slaughter variance request for Lot Board favorably approved the Slaughter's 1 of 1 6/21/2005 8:38 AM /ariance Request #16-05 Subject: Variance Request #16 -05 Date: Mon, 20 Jun 2005 22:02:34 -0400 From: "Wellington H Jones" <whjones465 @adelphia.net> To: <mcheran@co.frederick.va.us> 20 June 2005 Mr. Charan: As an adjacent lot owner, this is to confirm my support for the Stephen 23, Lake Serene. As the Secretary of the Homeowners Association, I can also report the proposed site plan for their new home as conforming to the covenants.. Thanks for your favorable consideration. Wellington H Jones 299 Lake Serene Drive Winchester VA 22603 Debbie Slaughter variance request for Lot Board favorably approved the Slaughter's 1 of 1 6/21/2005 8:38 AM