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HomeMy WebLinkAbout20-05 ApplicationVARIANCE APPLICATION #20 -05 WILLIAM T. DRAKE Staff Report for the Board of Zoning Appeals Prepared: August 8, 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: August 16, 2005 Action Pending BRA\ LOCATION: 115 Essex Circle MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER(S): 75E -1 -3 -153 PROPERTY ZONING USE: Zoned: RP (Residential Performance) 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: 2.4 foot side yard variance for an existing attached garage REASON FOR VARIANCE: Survey completed with the purchase of the home on May 20, 2005 shows a distance of 27.6 feet from the garage to the boundary line. A variance issued in 1982 allows for a 30 foot variance. Variance Request #20 -05, William T. Drake August 8, 2005 Page 2 STAFF COMMENTS: This property was subject to Variance 04 -82 which was granted in 1982. This variance allowed the dwelling to encroach five (5) feet into the thirty -five (35) foot side setback. The Frederick County Zoning Ordinance requires building setbacks for this corner lot in the RP (Residential Performance) to be: Front 35'; Right Side- 35'; Left Side -10'; Rear 25'. The setbacks resulting from Variance 04 -82 are: Front -35'; Right Side- 30'; Left Side -10'; Rear -25'. (Exhibit A) The current survey of the property done on May 12, 2005, shows the dwelling at 27.6 on the right side, not at 30 feet as was granted with Variance 04 -82; therefore, the pervious owner built this dwelling in violation of the right side setback. (Exhibit B) STAFF CONCLUSIONS FOR THE AUGUST 16, 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 2.4' on the side yard setback. Should this variance be granted, the building setbacks for this property would be: 27.6'. 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 RP zoning district may be justified. SWARTZ 75E 13162 WHITE 75E 413'153 GREENE 75E 13187 WHITE 75E 13149 MASON 75E 13 132 CHESANKO 75E 13115 TYREE 75E 1:3112 JONES 755 13113 STICKLES 75E 13 111 LINEBURG 75E 13 21 CLEM 75E 1 3161 Map Features HEIDEL 75E 3A140 Applioa Bridges n A/ Culverts LakesiPonds Dams Streams /N/ Retaining Walls Buildings Road Centerlines Tanks Trails Q Parcels BOWEN 75E 1 3 225 LEWIS 75E 1 3133 WIDENER 75E 1 3134 S 1 KEELEY 75E 13131 BROENING 75E 1 3130 HAAS 75E 13117 0 50 100 200 Feet GREEN 75E 1 3118 STYERS 75E 1 3119 Variance 20 05 William T. Drake (75E -1 -3 -153) CARUSO 75E 13110 WALKER 75E 13109 Y,OU 75E 1 41.1;° b fid gP�p fC tT my w rrT N 2v, SWARTZH PINTO 75E 13146 O LINEBURG 75E,;,1;3'215 Map Features Bridges 94p""tion /v culverts LekesPends N Dams Wes- Streams Retaining Walls Bulldin7s Road Centerlines -Tanks Trails Variance 20 05 William T. Drake (75E -1 -3 -153) 0 50 100 200 Feet DIRECTOR JOHN T. P. HORNE DEPUTY DIRECTOR STEPHEN M. GYURISIN Mr. Edwin Wise c/o J. Stowe Assocs. P.O. Box 2600 Winchester, Virginia 22601 Dear Mr. Wise: J.TPH:dll !reberick (Tonntg Department of Planning nob Fefrelapment Exhibit "A" 703/662 -4532 April 21, 1982 Sincerely, P. 0. Box 601 9 COURT SQUARE WINCHESTER, VIRGINIA 22601 This letter is to confirm the action taken by the Board of Zoning Appeals on April 20, 1982, with regard to your request for a setback variance. The Board of Zoning Appeals has approved your request for a 5' setback variance. If you have any questions, please do not hesitate to contact this office. APPLICATION #004 -82 BACKGROUND INFORMATION THE APPLICATION OF EDWIN WISE REQUESTING A FIVE FOOT SETBACK VARIANCE FOR A 21' X 22' GARAGE. THIS PROPERTY IS ZONED R -3 (RESIDENTIAL) AND DESIGNATED AS TAX MAP 75 (E), CIRCLE 1, BLOCK 3, PARCEL 153, IN THE OPEQUON MAGISTERIAL DISTRICT, THE APPLICANT WISHES TO CONSTRUCT AN ATTACHED TWO -CAR GARAGE THAT WOULD EXTEND FIVE FOOT INTO THE REQUIRED SETBACK AREA, THIS WOULD REQUIRE A FIVE FOOT VARIANCE OF THE SETBACK REGULATIONS, FOR THE SIDE YARD AREA, THIS PROPERTY IS ZONED R -3, RESIDENTIAL GENERAL, THE R-3 ZONING REGULATIONS CALL FOR A 35' MINIMUM SETBACK. IT SHOULD BE NOTED THAT MR. EDWIN WISE IS EXPECTED TO CLOSE ON THE PURCHASE OF THE ABOVE REFERENCED PROPERTY PRIOR TO THE B.Z.A. MEETING OF APRIL 20, 1982. THIS I3 TO CERTIFY THAT ON MAY 12, •2005 THAT I MADE AN ACCURATE SURVEY OF THE PREMISES S :iowN ?HEREON AND THAT THERE ARE NO EASEMENTS OR ENCROACHMENT: VISIBLE ON THE GROUND OTHER THAN THOSE SI{OWN HEREON. T MAT IS LOCATED 1N EFFECTIVE I) OOOD JULY C, AREA 978OF MINIMAL FLOODING AS SH0:7N ON v tn O J L OT 186 Exhibit "E• 5 4 .7012'57 E 46.2EIRF S 604 Pen 00 jr LOT 153 17,676+ FRAME SHED R 8 1.30 ESSEX CIRCLE 60' R/W l.. is? m 0. 40.0' 49.4' ai 0 20.2• '0 X STOO R= 346.04' ry 29.9' FURSTENAU SURVEYING (540) 662-9323 111 SOUTH LOUDOUN STREET WINCHESTER, VIRGINIA 22601 EST. 1986 MEMBER VA. ASSOC. OF SURVEYORS IRF la ir L-U 6 CHRISTOP R D. r„ FURSTENAU Q No. 2727 6- 61— i: 0 O Ct Cr SELLER: WISE U PURCHASER DRAKE 546 PG. 44 PLAT REF: DB 443 PG.310 TAX MAP ID: 75E -1 -3 -153 NO TITLE REPORT FURNISHED HOUSE LOCRTION SURVEY LOT 153 SECTION 3 FREDER I C T NE O W FREDERICK COUNTY. VIRGINIR DATE: M AY 12 2035 SCALE: r 30' W.O. 0533 .410 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: URA/v. I D2a1w NAME: ADDRESS 115 ESSEX C4?. ADDRESS: SrEa4Eals CT4 Jr 22.flsc TELEPHONE: S`lo C09 OS2S TELEPHONE: 103 419 a05la ceU 3. The property is located at (give exact directions and include State Route numbers): L of (S3 DEL L13L FREDER\ckvoaoE MI- YrE2SECX O--) LP.2ALu.. C PoJ ANO ESSE 1 C \2, 4. The property has a road frontage of 239.01 feet and a depth of H 0.57 feet and consists of 3la acres (please be exact). Car Page 5 of 9 r J ut 5. The property is owned by 1,J, H, f1/4.-. Drrgkx. as evidenced by deed from Eo 1 w' sE recorded (previous owner) in deed book no. 443 on page 2 of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: OPE G Loki 7. Property Identification No.: 757 _3 /s-3 8. The existing zoning of the property is: KEN €tJr11}L 9. The existing use of the property is: 9-651126 .t. 10. Adjoining Property: USE ZONING North 2_65 ?Es, East Re (LE 5 South West az5 Qts• 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. i A 2. 4 •SIDE AeD t/A21Ar&cE Fo¢. A,J c-t AlTflcwEo GAaaGE 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 f•v&4if"4 Conn QIETED t..)iTi-t TOE PuecMQSE de Naw.E Mal 20.'Zoos S%o-'s R 11, fo ran-. (i.Aeacc To UDC-• IJ o A2.AtaC.0 \SSuEO ¶t molt..) tz.s€ p,pizAL. 1'1S Page 6 of 9 rol$E2T JEaLE S Address 113 ESSex C��. Property ID z3N 7 Se 3 1S4 M rl M rim f Address \03 Pt L,Q. Property ID 23gl L t'?*' 63 lAeQA G 2EEaE Address So CA go LA. E /34g, Property ID z3ct 1Q L C6 1 53 Address Property ID Address Property ID Address Property ID Address Property ID Address Property ID 13. NAME a• At o+., s C-oen Ampcuht0 4- QreJ Jca2%n.. Fbz 20 JftR(AacE. 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. Sueuuc? Att acaco I. Page 8 of 9 Nu,798 III .2005 THAT I MADE A• ACCURATE SURVEY OF THE THIS 3E5 13 TO CERTIFY THAT ON MAY AND THAT AT THERE pgEMI3;10'r7N HEREON THLRE ARE NO EASEMENTS OR ENCROACHMENTS VISIB ON THE GROUND OTHER THAN THOSE SHOWN HEREON. LOT FIRM MAP I 0200 LOCATED 1N H U D FL 0 0 E JULY C. AREA 978OF MINIMAL FLOODING AS SHO:1N ON LOT j SF 29.9' 4 75 -4 nS 26o40.n, 93. LOT 153 17,676+ Cl FRAME SHED 1 A= 81.30' ESSEX CIRCLE 60' R/W LO j 137 4 8.0' 48.4' 40.2' C 20. STOO 35' Eia R=346-04' ELEC. MH O R 2y• FURSTENAU SURVEYING (540) 662 -9323 111 SOUTH LOUDOUN STREET WINCHESTER, VIRGINIA 22601 EST.1986 MEMBER VA- ASSOC. OF SURVEYORS 0' IRF ELEC IRF r 0 CHRISTOPHER D. 1 FUHSTENAU No. 2727 511 SU RV Q SELLER: WISE U PURCHASER:DRAKE DEED LA REF DB 443 PG.310 TAX MAP ID: 75E -I -3 -153 NO TITLE REPORT FURNISHED HOUSE LOCRTION SURVEY LOT 153 SECTION 3 FREED IC TOWNE FREDERICK COUNTY VIRGINIR W.O. 05:+3 DENIAL AGREEMENT VARIANCE o7 0 (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 'Tull ZoeC SIGNATURE OF OWNER DATE (if other than applicant) OFFICE USE ONLY- BZA PUBLIC HEARING OF g/6/ ACTION: DA APPROVAL SIGNEY3 4&U 3 a- DATE: Page 9 of 9 BZA dHAIRMAN Deed Prepared by: Tracy Bryan Norstkamp, Esquire 23 -B N. King Street, Leesburg, VA 20175 Phone: (703) 6694935 Facsimile: (703) 6694937 Return to: RELS 123 North Braddock St., Winchester, VA 22601 Phone: (540) 667 -5246 Facsimile: (540) 667 -5717 Tax Id. No: 75E -1 -3 -153 Grantees Address: 115 Essex Circle, Stephens City, VA 22655 Consideration: $254,000.00 DEED THIS DEED is made this la of May, 2005, by and between EDWIN S. WISE and EILEEN C. WISE, husband and wife, as Grantors, and WILLIAM T. DRAKE and KATHRYN T. DRAKE, husband and wife, as Grantees. WITNESSETH: That for and in consideration of the sum of Ten and 00 /100 Dollars ($10.00), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby grant and convey, in fee simple, with General Warranty with English Covenants of Title, unto the Grantees, as tenants by the entirety with the common law right of survivorship, the following described property, with improvements thereon, located in the County of Frederick, Virginia (the "Property"): All of that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, lying and being situate in Opequon Magisterial District, Frederick County, Virginia, known as Lot 153, as shown on the Deed of Dedication and Declaration of Plat of Fredericktowne Company, Section III, made and dated the 28 Day of April 1975, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 443,`at page 296, and by amended Deed of Dedication, dated April 26, 1976, of record in the aforesaid Clerk's Office in Deed Book 457, at page 510. AND BEING the same property conveyed to the Grantors by Deed dated April 9, 1982 and recorded April 15, 1982, in Deed Book 546, at page 442, among the land records of Frederick County, Virginia. This conveyance is made subject to easements, conditions and restrictions of record insofar as they may lawfully affect the Property. WITNESS the following signatures and seals: STATE OF CHUS S• COUNTY OF 4 /VIA My Commission expires: Sa lvi /vGa 2- (SEAL) Edwin S. Wise a:�C ikk l J II CI (SEAL) Eileen C. Wise The foregoing instrument was acknowledged before me this 13 day of May, 2005, by Edwin S. Wise and Eileen C. Wise. Deborah F. Dami NOTARY PUBLIC Commonwealth of Massachosells Mp ComMy Commission Wires lay 24,2 DIRECTOR JOHN T. P. HORNE DEPUTY DIRECTOR STEPHEN M. GYURISIN Mr. Edwin Wise c/o J. Stowe Assocs. P.O. Box 2600 Winchester, Virginia 22601 Dear Mr. Wise: This letter is to confirm the action taken by the Board of Zoning Appeals on April 20, 1982, with regard to your request for a setback variance. The Board of Zoning Appeals has approved your request for a 5' setback variance. If you have any questions, please do not hesitate to contact this office. JTPH:dll j(reberiek Qtunntg Brpartment of Planning ant gtelurrment 703/662 -4532 April 21, 1982 Sincerely, I, •hn T. P. Horne k ©oti x -I P. O. Box 601 9 COURT SQUARE WINCHESTER, V IRGINIA 2260 T Fee paid L 00 A pct sign Adjoining properties land Location of property }.10rr j53 APPLICATION FOR VARIANCE FREDERICK COUNTY, VIRGINIA Application No Dale of Application 3//47/ Applicant owner other (please check one) 1 l.,eeH 2. Occupant (If other than applicant) Name: EDLO„I) LUISE Address: l /n S. SrVcO R5SbCS Name.• f f 4g crop m C C'1I �I /06SE PC) AJK 4260 0 Address:-. ESSEX Cue, Telephone (.0607 X e 2 i9r s Essex ci,e *eat 0 't e 3! 1481 sree -f t)S t71T" A Z 2'C OY) 4 1-1 0 2t Telephone t 1C a E n `fagisteria2 Dis tric /0Eteje.ecJ Existing Zoning (DEUfjfr(_,. Property Identific :lumber /QT /a ;SC1526r )47614V Existing Use 'al. J.011,E int -CD2 C 1:175 °9 O(>4 9PCC) CC3! Adjoining properties zoning Sf tTAt. ?SA/re (R use S)1StE f C VMAAt aciit S SRmE Sought (describe briefly relief sought) sr y D t E S� rB. L D iQ€ `TD RPD' f}- T u1p- C.49-e- 9-PACE` TO tiveH Fi474-T' 7 bF "1ST lea in ;yam 5 FEET; .s =;Reason for Seeking Variance: :PItt-a0 ME Tri 13010 Se'raAcc A-E.Ec} L uca v UKF Ti -}E SIz€ Dr mq tor 3S reel TO 30 FE� sen3ert "JOE to415 Ogeou/OE' 04) THE Setin-ifesr „ch, 4ItSED Feoni APPLICATION #004-82 THE APPLICATION OF EDWIN WISE REQUESTING A FIVE FOOT SETBACK VARIANCE FOR A 21' X 22' GARAGE. THIS PROPERTY IS ZONED R -3 (RESIDENTIAL) AND DESIGNATED AS TAX MAP 75 -(E), CIRCLE 1, BLOCK 3, PARCEL 153, IN THE OPEQUON MAGISTERIAL DISTRICT. BACKGROUND INFORMATION THE APPLICANT WISHES TO CONSTRUCT AN ATTACHED TWO -CAR GARAGE THAT WOULD EXTEND FIVE FOOT INTO THE REQUIRED•SETBACK AREA, THIS WOULD REQUIRE A FIVE FOOT VARIANCE OF THE SETBACK REGULATIONS, FOR THE SIDE YARD AREA, THIS PROPERTY IS ZONED R -3, RESIDENTIAL GENERAL, THE R-3 ZONING REGULATIONS CALL FOR A 35' MINIMUM SETBACK. IT SHOULD BE NOTED THAT MR. EDWIN WISE IS EXPECTED TO CLOSE ON THE PURCHASE OF THE ABOVE REFERENCED PROPERTY PRIOR TO THE B.Z.A. MEETING OF APRIL 20, 1982. BZA Variances Myrtle S. Stover 34' front setback variance Gainesboro 001 -8 )E Corporation 60/ 9' variance for front setback Shawnee 002 -8 avid Holliday Lot area variance Shawnee 003 -E nestine Hoover Reduction in lot sizes Back Creek 004 -E Imes Ross Side Yard Variance Shawnee 005 -E vin R. Hottle VO 9' Side Yard Variance VO i Stonewall rker Perkins 10' variance to land boundary Gainseboro 006 -8 mnis Marvin Dale 10' variance from side yard Opequon 001 -8 ry Gloria Hockenberry 3' variance from side yard Shawnee 002 -82 Earl Hazel W. Haines 35' variance Gainseboro 003 -8; gin Wise 8' Side Yard Variance Opequon 004 -8 Lter Mary L. Welzel 3' Side Yard Variance Shawnee 005 -8 Michael Kim F. Fultz 19' Rear Yard Variance Stonewall 006 -8 _liam G.•Sardelis 13' Set Back Variance L. Payne 72' Side Yard Variance Stonewall 008 -E i1 Back Creek 007 -E