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Home My WebLink About22-05 ApplicationMAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER(S): 868- 2 -A -16 PROPERTY ZONING USE: Zoned: RA (Rural Areas) Land Use: Vacant ADJOINING PROPERTY ZONING USE: North: RA (Rural Areas) South: RA (Rural Areas) East: RA (Rural Areas) West: RA (Rural Areas) VARIANCE APPLICATION #22 -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 Planning Staffto 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 APPROVED LOCATION: Off of Double Church Road (Route 641) on West Street (Route 849) in Lone Oak Subdivision Use: Vacant Use: Residential Use: Vacant Use: Residential VARIANCE REQUESTED: 30' east side -yard variance, 40' 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 #22 -05, William G. Busko August 8, 2005 Page 2 STAFF COMMENTS: This 0.5043 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 20' right side -yard variance, 40' left side -yard variance and 25' rear variance. Should this variance be granted, the building setbacks for this property would be: 30' right side; 10' 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. m m id 4 90 y SP 0 O y o b BLASUTTO 86 A 45H k BR OWN 868 I AJ yb 0 HUFFMAN 866 113 5A 4 t) 0 0 60 0 01 0 00 'e e e 4 4 JJ a h G 4 Ty 'o de e '8 s 0 4 J t e 0 J F F 3 44p 99 Ids AO F f t„ $1° 0 e'd9 86 8 0 B ZJ se 4 G O f e Or 3 vv h'20 AP 1 Pry M1b 2 om e Pf h a 04' 7 b 0 NEFF 86B 3A 25 WELCH 86 A 44 FIFE 86 A 4561 RICHARDS 66 A 45C RICHARDS 86 A 45F GORE 86 A 230 BAPIKaton Bt (Business, Neighborhood District) Let's/Ponds D cu <m B2 (Business, General District) Q A/ Remind, Woe B3 (Business, Industrial Transition District) Q 0 9utlngs Tepee E irceIS SW Map Features Zoning Road Centerlines EM (Extractive Manutactudng Oistct) as Q HE (Higher Education District) ^0 Q MI (Industrial, Light DiSMCI) Traits Q M2 Ondintnal, General District) A �a RRA MHI (Motile Hamra Commend) DiSNIX) NEFF 86 A 229 MS (Medical Suppoa District) R4 (Residential, Planned Community Oistritt) R5 (Residential Reaeatonal Cotemrity OistriCt) RA (Rural Areas District) RP (Residential Pedormanoe District) Feet Forest Lakes Limited 86 A 227 Variance 22 05 William Busko (86B -2 -A- 16) 0 125 250 500 WHITE 86 A 228 Map Features Mplicaton Bridges O N cnr,a,rc mxa9Pdnds N rams 0 ma..- Streams /a/ Rem:niru Walls 0 Bulldogs Road Centerlines 0 rAt 0 N \,grails 0 j% MB 0 al al Tanks O Parcels SWSA Zoning 51 (Business, Neighborhood Distri Q 52 (Business, General District) 0 B9 (Business, Industrial Transition District) 0 EM (Extractive Manufacturing District) Q HE (Higher Education District) 0 MI (Industrial, Light District) M2 (Industrial, General District) MHI (Mobile Home Community Dismup MS (Medical Support Dlslrld) R4 (Residential, Planned Community District) R5 (Residential Recreational Community District) RA (Rural Areas District) RP (Residential Performance Distinct) N Variance 22 05 William Busko (86B -2 -A- 16) 0 125 250 500 Feet The applicant is the Subdivision; southeast of Stephens City Magisterial District: Opequon Property Identification No.: 86B- 2 -A -16 The existing zoning of the property is RA APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA OFFICE USE ONLY Variance Applicatio No.. S� Submittal Deadline Z Submittal Date 7 xL /�e For the meeting of Jr t Fee Paid: yes Initials ,t7 Sign Deposit 50 °4— yes Sign Return Date: MUST BE TYPED OR FILLED OUT IN INK PLEASE PRINT Owner Other (Check one) APPLICANT: Michael Artz OCCUPANT: (if different) NAME: Artz Associates, PLC NAME: ADDRESS: 16 East Piccadilly Street ADDRESS: Winchester, VA 22601 TELEPHONE: 667 -3233 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 The property has a road frontage of 70 feet and a depth of 222.42 feet and consists of .5043 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.) The existing use of the property is Vacant Adjoining Property: 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. 20' east side yard, 10' west side yard and 25' rear line variance for single family dwelling 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 sin le -famil structure. The existing lot predates the current zoning ordinance. Additional comments, if any. 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 Douglas J. Larkin (property South /across West Street) 134 West Street, Stephens City, VA 22655 86B- 2 -B -18 Fern C. Cone (property We 127 West Street, Stephens 86B- 1 -A -15 Katherine S. Black, Trustee 135 West Street, Stephens 86B-2-A-1 8 st) City, VA 22655 (property East) City, VA 22655 z 0 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. DATE 7,Z-- e (if other than applicant) BZA PUBLIC HEARING OF 1 APPROVAL DENIAL N ti AGREEMENT VARIANCE (Number assigned by the tanning Department.) DATE SIGNATURE OF A PLICANT DATE 7 SIGNATURE OF OW R j OFFICE USE ONLY ATE- SIGNED B A CHAIRMAN N 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) (Name) WILLIAM G. BUSKO (Phone) 722 -6674 (Address) 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 16 Block A Section 2 Subdivision Lone Oak 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. o nd In witness thereof, I (we) have hereto s y (our) h d and seal this2 day of 200 State of Virginia, City /County of t- rec, ck' To -wit: I, ,1 n rne. P, 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 has acknowledged the same before me in the juri diction afor:'id this azLY day of �i� i, 200 :5 D p� ,,,yn0.1 I My Commission Expires: 9. 9 8 ado 7 Notary Public 7563 -6845 EBY /cmj 05 0009 8 g--Z -A- (6$ THIS DEED, made and dated this 4' day of May, 2005 by and between DONALD N. ROYA& hereinafter called the Grantor, and WILLIAM G. J USKO, 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 j Block A, Section Two, Lone Oak, on the plat and survey by Quentin R. ortt, 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 6 97. 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 1 E This instrument was Prepared by Edwin B. You Kuytaodaq Jalcwon, lic%ne ek Beta, P.LC. 112 South Camrtoo Sbeel 9Ymcbcstar Virginia 22601 (54) 662 3406 n4\buekolocA6e17. fee.wpd encumbrances; and he will grant such further assurances of title as may be requisite. WITNESS the following signature and seal: 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. My commission expires 12/31/08. VIRGINIA: FREDERICK COUNTY, SCT. This instrument of writing was produced to me on ZOOS at 1 I S f,— and with'rtificate of aclmowledgenlent thereto annexc9 was admitted to record. T imposed by Sec 58.1 -802 of $105 ,and 58.1 -801 have been paid, if assessable 2C1erk Notary 1 blic CD cn 0, el emeepel e j epauwea give pee Apr c ow 0. po*po■d so. SilifilAt 1.15 'UMW./ misaani VINIOVIA Q .94. `.A".4 RD q -4 4E;', -s s.. ■N VI' Pa t frisvr -:i 'h A /8 7.35 4. 1` i.. ....7 --ri,„ p,. 1 e, 0 r., 40 0.0 11 4,048 U13.4•0e 0 to g T :4 gE 0.1%1 4. .0 3 73 -^r- ‘C) 0 A 0 a' 40 '4 xouv LINE BEARING DISTANCE L1 S 59'55'12" W 11.80' L2 N 58'28'33" E 17.35' NOTES: 1. BOUNDARY SHOWN HEREON WAS DETERMINED BY A FIELD 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. CURVE Cl RADIUS 352.84' ARC LENGTH 70.00' CHORD LENGTH 69.89' CHORD BEARING S 65'36'12" W DELTA ANGLE 11'22'01" TM #86 -A -45F RONALD E., JR dt KELLY A. RICHARDS #020019946 REBAR FOUND 12" WHITE \,1. OAK TM #86- 1 -A -15 FERN C. CONE 382/80 LOT 15 P 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 -16 INST. #050009432 PROJECT #21303 IRON PIPE FOUND REBAR FOUND IRON PIPE FOUND s \ty ES••RIB bfl TM #86- 2 -A -17 WILLIAM G. BUSKO #050009432 LOT 17 IRON PIPE FOUND SHEET 1 OF 1 Artz nd PLd LAND SURVEYING LAND PLANNING DEVaOPI,MENT 16 East Piccadilly Street ONCHESTER, VA. 22601 -4740 TEL 540 -667 -3233 FAX 540- 667 -9188 TOLL FREE 1 -800- 755 -7320