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HomeMy WebLinkAbout21-05 ApplicationVARIANCE APPLICATION #21 -05 WILLIAM G. BUSKO 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 PlanningStaffta provide information to the Board of Zoning Appeals to 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: August 16, 2005 Action Pending APPROVED LOCATION: Off or Double Church Road (Route 641) on West Street (Route 849) in Lone Oak Subdivision MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER(S): 86B- 2 -A -17 PROPERTY ZONING USE: Zoned: RA (Rural Areas) Land Use: Vacant ADJOINING PROPERTY ZONING USE: North: RA (Rural Areas) Use: Vacant South: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Vacant VARIANCE REQUESTED: 35' east side -yard variance, 30' west side -yard variance and 75' rear variance REASON FOR VARIANCE: The lot is exceptionally narrow and the current setbacks do not allow for a single family structure. Variance Request #21-05, William G. Busko August, 2005 Page 2 STAFF COMMENTS: This 0.5993 acre property was created in 1963 as part of the Lone Oak Subdivision, as noted by the deed and plats included in your agenda. Frederick County adopted zoning in1967. 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, 100'rear and 50' sides. 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 35' right side -yard variance, 30' left side -yard variance and 75' rear variance. Should this variance be granted, the building setbacks for this property would be: 15' right side; 20' left side; 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. WELCH 86 A 44 GORE 86 A 230 RICHARDS 86 A 45C e Applitation Lakes/Ponds Steams IS Buildings Tanks 0 Parcels SWSA `86e aq�rl 42 RICHARDS 86 A 45F Map Features Zoning coders coverts B1 (Business, Neighborhood District) Dams 82 (Business, General District) Retaining Walls B3 (Business, Industrial Transition District) Road Centerlines EM (Extractive Manufacturing District) Q N HE (Higher Education District) M1 (Industrial, Light District) Trails M2 (Industrial, General District) ia° USA MH1 (Mobile Home Community District) MS (Medical Support District) R4 (Residential, Planned Community District) RS (Residential Recreational Community District) RA (Rural Areas District) RP (Residential Performance District) N s NEFF 86 A 229 E Feet Forest Lakes Limited 86 A 227 Variance 21 05 William Busko (86B -2 -A- 17) 0 125 250 500 WHITE 86 A 228 9 Applicaton Lakes /Ponds w— Streams Buildings in Tanks Q Parcels SWSA Map Features Bridges /N/ culverts A/ Dame Retaining Walls Road Centerlines Trails UDA Zoning Q B1 (Business, Neighborhood District) 82 (Business, General District) 83 (Business, Industrial Transition District) EM (Extractive Manufacturing District) Q HE (Higher Education District) M1 (Industrial, Light District) Q M2 (Industrial, General District) MH1 (Mobile Home Community District) MS (Medical Support District) R4 (Residential, Planned Community District) R5 (Residential Recreational Community District) RA (Rural Areas District) RP (Residential Performance District) N E Variance 21 05 William Busko (86B- 2 -A -17) 0 125 250 500 Feet The applicant is the APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA Variance Application No. Submittal Date Fee Paid: O© to c1 Sign Deposit $5 OFFICE USE ONLY 01 I- Cis Submittal Deadline For the meeting o yes yes Initials Sign Return Date: f a MUST BE TYPED OR FILLED OUT IN INK PLEASE PRINT Owner APPLICANT: Michael Artz NAME: Artz Associates, PLC ADDRESS: 16 East Piccadilly Street Winchester, VA 22601 TELEPHONE: 667 -3233 OCCUPANT: (if different) NAME: ADDRESS: Other (Check one) TELEPHONE: The property is located at (give exact directions and include state route numbers): Off VA Route 641 /Double Church Road on Route 849/West Street in Lone Oak Subdivision; southeast of Stephens City The property has a road frontage of 79.81 feet and a depth of 270.36 feet and consists of .5993 acres. (Please be exact.) The property is owned by WILLIAM G. BUSKO as evidenced by deed from DONALD N. ROYAL recorded (previous owner) in Instrument No. 050009432 of the Clerk of the Court for Frederick County. (Attach a copy of the deed.) Magisterial District: Opequon Property Identification No.: 86B- 2 -A -17 The existing zoning of the property is RA Adjoining Property: dwelling Additional comments, if any. The existing use of the property is Vacant USE ZONING North Residential RA East Vacant RA South Vacant RA West Residential RA Describe the variance sought in terms of distance and type. (For example: "A 3.5' rear yard variance for an attached two car garage. 15' east side yard, 20' west side yard and 25' rear line variance for single family 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 The lot is exceptionally narrow defined by current RA zoning; the current setbacks do not allow for a single- family structure The existing lot predates the current zoning ordinance. 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 Address Property ID# NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# Ronald E., Jr., and Kelly A. Richards (property North) 1285 Double Church Road, Stephens City, VA 22655 86 -A-45F Katherine S. Black, Trustee (•ro•e East) Douglas J. Larkin (property South /across West Street) 134 West Street, Stephens City, VA 22655 86B- 2 -B -18 Fern C. Cone (property West) 127 West Street, Stephens City, VA 22655 866- 1 -A -15 135 West Street, Stephens City, VA 22655 86B- 2 -A -18 Provide a sketch of the property (you may use this page). 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. SIGNATURE OF OWN DATE 2_az a DENIAL AGREEMENT VARIANCE #,Q b� (Number assigned by the Planning Department.) 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 (we) authorize the members of the BZA and Frederick County officials to go upon the property for site inspection purposes. I (we) 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 (we) hereby certify that all of the statements and information contained herein are, to the best of my knowledge, true. SIGNATU OF PPLICANT DATE 7 2 1) 5 (if other than applicant) OFFICE USE ONLY BZA PUBLIC HEARING OF /O ATE APPROVAL SIGNED DATE BZ CHAIRMAN (Name) (Address) Subdivision Lone Oak o ary Publi Special Limited Power of Attorney County of Frederick, Virginia Planning Office, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540 -665 -5651 Facsimile 540 -665 -6395 Know All Men By These Presents: That I (We) WILLIAM G. BUSKO (Phone) 722 -6674 187 BRIARWOOD LANE, WINCHESTER, VIRGINIA 22603 the owner(s) of all those tracts or parcels of land "Property conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 050009432 on Page 0341 and is described as Parcel Lot 17 Block A Section 2 do hereby make, constitute and appoint: (Name) Michael Artz, Artz Associates, PLC (Phone) 667 -3233 (Address) 16 East Piccadilly Street, Winchester, Virginia 22601 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: Rezoning (including proffers) Conditional Use Permits Master Development Plan (preliminary and final) Subdivision Site Plan My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto my (our) han and seal this ..9, day of 4� 200 5 6.7 .4 4 2 L m 3 State of Virginia, City /County of j <n.¢ripn,rk1 To -wit: 1, Gla ho P. 1� eursoIi a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who is (are) known to me, personally appeared before me and Chas acknowledged the same before me in the jurisdiction afore said thisotAlay of u�j 200 S ,thpd/ My Commission Expires: a 0 090c5 7 7563 -6845 EBY /cmj N 0 w w N .D N a a 0 o 'c 0 a .i o I H O a H V in I W N A 0 0 U o w r H V> ,D CO H v}m.+ N zz H Ha E g H W W W HH Pi 0 Q LG U E 0 0000 8, Z-A- 16 -15L THIS DEED made and dated this 4 day of May, 2005 by and between DONALD N. JtOYAM„ hereinafter called the Grantor, and WILLIAM G. BUSKO, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantor does grant and convey, with General Warranty and with English Covenants of Title, unto the Grantee, in fee simple, together with all rights, rights of way, privileges improvements thereon and appurtenances thereto belonging, all of the following realty: All that those two (2) certain lots or parcels of land, together with the improvements thereon and the appurtenances thereunto belonging, lying and being situate in Opequon District, Frederick County, Virginia, designated as Lots 16 and 17. Block A, Section Two, Lone Oak, on the plat and survey by Quentin R Shortt, C.L.S., dated September 30, 1965 of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Books 317, at Page 697. AND BEING a portion of the property conveyed to Donald N. Royal and Mary E. Royal, husband and wife, as tenants by the entirety, with rights of survivorship, as at common law, by Deed from Donald N. Royal and Mary E. Royal, husband and wife, dated December 18, 1979 of record in the aforesaid Clerk's Office in Deed Book 517, at Page 142. The said Mary E. Royal, died March 9, 1994 testate and her Will is of record in the aforesaid Clerk's Office in Will Book 106, at Page 1134, et seq. In said Will, Article 4, the said Mary E. Royal devised and bequeath the aforementioned subject property to her husband, Donald N. Royal. References is hereby made to the aforesaid instruments and the references contained therein for a further and more particular description of the property conveyed herein. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty. The Grantor does hereby covenant that he has the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and My commission expires 12/31/08. m bu.kolot• 1661).[... encumbrances; and he will grant such further assurances of title as may be requisite. WITNESS the following signature and seal: MS mimosa' .a wound br. EJ. B You Gryttedall, Minim, Mara BILL, P.LC 112 Soaikauxins Spm■ w.aer.,. Willi. mal (540166] WO VIRGINIA: FREDERICK COUNTY. SCf. This instrument of writing was produced to me on 2Qerk DONALD N. ROYAL STATE OF VIRGINIA COUNTY OF FREDERICK, To wit: I, Cathy M. Jewell, a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that. Donald N. Royal, whose name is signed to the foregoing Deed, dated this 4" day of May, 2005 has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 4`" of May, 2005. nQ 4-, zoos at 1Q-:I' and with benifcate of acknowledgement thereto annexed was admitted to record. T imposed by Sec 58.1 -802 of Sn $105 ,end 58.1-801 have been paid, if assessable Notary P6b1ic t .J o 3 rt, g \,i 2 /j! /!z2 t"..1 j 5! J g x; c ]&8 Q a y z e n 2 NOTES: 1. BOUNDARY SHOWN HEREON WAS DETERMINED BY A HELD RUN SURVEY PERFORMED BY ARTZ ASSOCIATES ON JULY 15. 2005. 2. THIS PLAT IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 3. ALL PROPERTIES ARE ZONED RA. USES ARE RESIDENTIAL. LOT 17 0.5993 ACRES TM #86 -A -45F RONALD E., JR KELLY A. RICHARDS o #020019946 IRON PIPE FOUND TM #86B- 2 -A -16 WILLIAM G. BUSKO #050009432 LOT 16 0 0. W -D IRON PIPE FOUND CURVE C1 RADIUS 352.84' ARC LENGTH 79.79' CHORD LENGTH 79.62' CHORD BEARING S 7745'54" W DELTA ANGLE 12'57'22" PLOT ROPOSED 17 HOUSE LOCATION ON LONE OAK, BLOCK A, SECTION TWO OPEQUON DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1" 40' DATE: JULY 22, 2005 PRESENT OWNER: WILLIAM G. BUSKO TM #86B- 2 -A -17 INST. #050009432 PROJECT #21303 IRON PIPE FOUND N WES e R.WEET 01 0 REBAR FOUND TM #86B- 2 -B -18 DOUGLAS T. LARKEN 476/660 LOT 18 SHEET 2 OF 2 „ctH op L /2' 8 MICHAEL M. ARTZ No 1951 z -440 SUR4t A Artz and A99ociaterA, PLd A Ouboidiary of Valley Engineering, PLC LAND SURVEYING LAND PUNNING OEVELOPNENI 16 East Pkcadilly Street 'MNCNES1ER, VA 22601 -4740 TEL 540 -667 -3233 FAX 540 -667 -9188 TOIL FREE 1- 600 -755 -7320 J