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Home My WebLink About18-05 ApplicationVARIANCE APPLICATION #I8 -05 ROBERT D. BROWN Staff Report for the Board of Zoning Appeals Prepared: July 11, 2005 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information lo the Board of Zoning Appeals 10 assist them in making a decision on this request. It may also he useful to others interested in this zoning matter. BOARD OF ZONING APPEALS HEARING DATE: July 19, 2005 Action Pending .APpR LOCATION: 678 Lake Serene Drive MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER(S): 31B -1 -18 PROPERTY ZONING USE: Zoned: RA (Rural Areas) District Land Use: Residential ADJOINING PROPERTY ZONING USE: North: RA (Rural Areas) Use: Vacant South: RA (Rural Areas) Use: Lake front East: RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Vacant VARIANCE REQUESTED: 35 foot side yard variance REASON FOR VARIANCE: Lot is exceptionally narrow. The property has 140 foot frontage on the lake and narrows to 55 feet at the rear. Variance Request #18 -05, Robert D. Brown July 11, 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. Existing houses on lots in the vicinity appear to contain setbacks consistent with 15' side yards. STAFF CONCLUSIONS FOR THE JULY 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 35'on the side yard. Should this variance be granted, the building setbacks for this property would be: 15' side yard. 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. MOFpo 315 1 38 LAKE SERENE 31B 1 B Map Features Ap plication n/ Bridges Culvert s Lakes/Ponds Dams Streams Retaining Walls Buildings Road Centerlines In Tanks 'N., Trails 0 Parcels Agricultural Porostra! Districts Double Church Refuge Church South Frederick VAR #18 -05 Robert D. Brown (31B -1 -18) 0 25 50 100 Feet PERLIN 31�A- LAKE SERENE 31 A 82 Map Features Budges B ApPllcadon Culverts O Parcels LakesfPOnds Dams Agricultural Forestal Districts •n.— streams f Retaining Walls Double Church Buildings Road Centerlines II. Refuge Church Tanks SouthFrederick N N.... Trails VAR #18 -05 Robert D. Brown (31B-1-18) 0 25 50 100 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 other (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: /4W g 17).. Bgncon( NAME: ADDRESS61A .5i--7,26/16 }/d2. ADDRESS: linVn4Es/EA rf.A ?-9463 TELEPHONESLO -SY5- 941/9 TELEPHONE: 3. Th e property is located at (give exact directions and include State Route numbers): 4_6044 ia /d .0 L U/S%o✓t %4--c5 ,e/-i 1� d 7 21 4 .1 Ate C AXel K- 44 9L4 Left A414 t,, 4 4 /6/4 1- o lr4SI //)6estf ad i c� 4. The property has a road frontage of a feet and a depth ofyn034A7. feet and consists of a acres (please be exact). a mad Page 5 of 9 44i 5. The property is owned by 1ft P Z 0)/2- 4)44 as evidenced by deed fromd7 th F, fd t% recorded (previous owner) in deed book no. on page /4/ 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: 7. Property Identification No.: 3 /E 8. The existing zoning of the property is: 24 9. The existing use of the property is: fWE„r,Li.9G 10. Adjoining Property: USE North t24c',a /c East geiiaewa!e South j--4.. /qtr West L zf.4,•y.L 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. Page 6 of 9 ZONING td- 3,C x424;4 tore opt/ 6,4s4 itde c! i ,g4 1 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 4 W/ v4A,z/ /14/9104i r&'t Awe) Size ,4no <4(fF d F f�,a e/c1 41-s /4a '.42G/1444 on! A-Mei /NC,lows 4-6 CS` .-a- g ,4lz- frenr245 Lrn ??cat o out dernerb eAct S Address US-04e -k.6. Sa454ce 11I. Property ID #7 1B 000 /oepoo /(vO Address 4e, hpo o= Property ID a/ a xle) 0000 0 -miNES 77 based Address Property ID Address Property ID Address Property ID Address Property ID Address Property ID Address Property ID f' 13. Additional comments, if any: 4.fre e46,5 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 1' azh, 7 Seeze,de a- ate- 1s I Se a�- a-p-oaa*/,,, Avde g-e-tate )1 dtido G 40 v4 itte vieaLlasees2J Olt e 4: r ■t 7 y S ki l i�`�� lia a- a y (.4 L g JL<izt5� g4cce 1.S:Y 2 f lK�� f ao /�L O 1 J1 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 C z m C 0 D zr mm D m 1Igiii N O O rn Z z 7, a V Z\ O n 6 n g H p 2 r n A v AC 01 5c. CO U NTY 557 R -4 O 0 T %-1, 0 45 COVENANT SETBACE Brown Addition Scheme 3 678 lake Serene Drive, Winchester, VA 22E03 CA M AIN STREET ARCHITECTURE, P.C. 120 WEST MAIN STREET BERRIMLLE, MRGINIA 22611 540.955.1669 FAX 540.955.4814 AGREEMENT VARIANCE /V 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 o- /7 O-C SIGNATURE OF OWNER BZA PUBLIC HEARING OF V APPROVAL DENIAL (if other than applicant) OFFICE USE ONLY- Page 9 of 9 ACTION: DATE: 7 ((9 I DC DATE GREGORY F. 141.ITCHINSON ATTORNEY AT LAW 245. BRAOOOCK ST 1NCHESTER, VA 221301 THIS DEED, made and dated this day of April, 2003, by and between DAVID E REDMON, hereinafter called the Grantor; and ROBERT D. BROWN, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars, and other valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey with General Warranty and English Covenants of title unto the Grantee, in fee simple, the following property: All that certain lot or parcel of land, together with all rights, rights of way, privileges and appurtenances thereto belonging, lying and being situate in Gainesboro Magisterial District, Frederick County, Virginia, and designated as Lot 18 on the plat of Lake Serene, which plat is of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 356, at Page 147; AND BEING the same property conveyed to David E. Redmon, by deed dated August 19, 1997, from Delmar A. Bayliss and I. Marie Bayliss, his wife, of record in the aforesaid Clerk's Office in Deed Book 886, at Page 214. Reference is hereby made to the aforesaid instruments and the attachments and the references therein contained, for a more particular description of the property hereby conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record, if any, affecting the subject property. WITNESS the following signature and seal: GREGORY F. NUTCHINSON ATTORNEY AT LAW 124 S. BRAOOOCK ST WINCHESTER, VA 22601 JgSI DON'' S •'Nw,,,,Ty 0 OF z ''Inn,,, s A 2 (SEAL) DAVID E REDMON STATE OF v' z 5 in I a CITY /COUNTY OF P,; ?c to -wit: The foregoing instrument was aclmowledged before me in my aforesaid jurisdiction this 7 7 1 day of April, 2003, by DAVID E. REDMON. MY COMMISSION EXPIRES JANUARY 31, 2005 My Commission Expires: r NO TRY'UBLIC