HomeMy WebLinkAbout23-05 ApplicationVARIANCE #23 -05
RODNEY BUTLER WAS THE APPLICANT OF THIS VARIANCE
REQUEST. HE VERBALLY WITHDREW HIS REQUEST, BUT HE
DID NOT SEND STAFF A LETTER REQUESTING WITHDRAWAL.
ON NOVEMBER 10, 2005, JAY MERGLER, WHO IS THE OWNER
OF THE PROPERTY, NOTIFIED STAFF THAT HE WISHED TO
PROCEED WITH THIS VARIANCE.
SINCE THE AGENDA WAS MAILED ON NOVEMBER 9, 2005, WE
ARE ENCLOSING THE STAFF REPORT FOR YOUR
CONSIDERATION.
IF YOU HAVE ANY QUESTIONS, PLEASE CALL MARK CHERAN
AT 665 -5651.
This report is prepared by the Frederick County Planning Stuff to provide information to the Board
of Zoning Appeals to assist them in making a decision on this request. 11 may also he usefid to
others interested in this zoning matter.
BOARD OF ZONING APPEALS HEARING DATE:
September 20, 2005 Action Tabled
November 15. 2005 Action Pending
LOCATION: High Street (Route 635), 0.1 mile on the right
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER(S): 91A03- 164 -15
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 #23 -05
Jay Mergler
Staff Report for the Board of Zoning Appeals
Prepared: November 10, 2005
Staff Contact: Mark R. Cheran, Zoning Administrator
Use: Vacant
Use: Vacant
Use: Residential
Use: Vacant
VARIANCE REQUESTED: 20 foot front yard variance and 10 foot rear yard variance for the
construction of a single family home
REASON FOR VARIANCE: The lot is exceptionally shallow.
Variance Request #23 -05, Jay Mergler
November 10, 2005
Page 2
STAFF COMMENTS: This 1.72 acre property was part of the New Middletown Subdivision
created in 1890. 1n1967 Frederick County adopted zoning. The historical zoning map shows this
property was zoned A -2 (Agricultural General) and building restriction lines at the adoption of the
zoning ordinance were 35'front and 15' on the sides. In 1987 this property was subject to a lot
consolidation of 23 lots with building restriction lines of 35'front and 15' on the sides. Frederick
County amended its Code in 1989 to change the rural zoning districts to the current RA (Rural
Areas) zoning district, making the building restriction lines for the property 60'front for all four
sides.
STAFF CONCLUSIONS FOR THE NOVEMBER 15, 2005 MEETING: At the request of the
Board of Zoning Appeals (BZA) at its September 20, 2005 hearing, action was tabled for sixty (60)
days on this variance, so that the applicant would be in attendance. Since the September 2005
hearing, the applicant has withdrawn his request, and the owner, Jay Mergler, on November 10, 2005
notified staff that he would like to proceed with the variance.
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 owner is seeking a variance of 20' front yard variance and 10' rear yard variance. Should this
variance be granted, the building setbacks for this property would be: 40' in the front, 50' in the rear,
and would remain 60' on the sides. 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.
Map Features
9 AP"''" Bridges
Culverts
Lakes/Ponds N Dams
r Streams /N/ Retaining Walls
B/ildings Road Centerlines
Tanks
Trails
p Parcels
Agricultural Forestal Districts
Double Church
Refuge Church
U South Frederick
Variance 23 05
Jay K. Mergler
91A03- 164 -15)
0 75 150 300
Feet
1#77
Map Features
Bridges
fR.,""n Culverts
Lakes/Ponds ■e Dams
e' Streams Retaining Walls
BAldings Road Centerlines
es Tanks
4
N
\i Trails
Agricultural S Forestrai Districts
Double Church
Refuge Church
r South Frederick
Variance 23 05
Jay K. Mergler
(91A03- 164 -15)
0 75 150 300
Feet
APPLICATION FOR VARIANCE
IN TIIE
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: I )Jn21 (ju�le NAME:
ADDRESS 1244 Nled.elOfiA ADDRESS:
Chin, 2d. 64- -c6h.ais e, u#
TELEPHONE: VA --(e2
TELEPHONE:
3. The property is located at (give exact directions and include State Route numbers):
sou +o n1rddierFOLJA urn
C 1 3 hi-
C U\ 4 v,4- Sicced- unv\ I- c-F-E- a n
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4(± £}t-re,- (rt4 (o3 s) ?roper
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4. The property has a road frontage of 60 feet and a depth of /25 feet
and consists of 72. acres (please be exact).
Page 5 of 9
10. Adjoining Property:
r W rec•
5. The property is owned by A as evidenced
by deed from S hen r ded (previous owner) in deed book
no. /67 on age 3 d 0 of the deed books of the Clerk of the Court for
Frederick County. Please attach a copy of the recorded deed.
6. Magisterial District: %xit/t acetic
7. Property Identification No.: 9/ A03 I j I
8. The existing zoning of the property is: /&3 1 d e✓1
9. The existing use of the property is: 2)--1/4-13
USE
North /2r
East
South
West
ea,) I ind
e=xcepional slu (n0
ZONING
2es1dcr.+to 1
(Z-e d yen
12. List specific reason(s) why the variance is being sought in terms of:
the use or development of property immediately adjacent thereto
Page 6 of 9
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.
A 20 l Varian(tics 1/14-
-v 4!/063 ea 4tirodie n eF Sit)
Fay ly hctrc (5-) I Van 71z1 ea-r
6e &ac
exceptional narrowness, shallowness, size or shape of property, or
exceptional topographic conditions or other extraordinary situation or condition of
property, or
'1 v J
Vv�l S tde .L41 n
Address 7783 ma A 5#- "tick -to u-) v lk
Property ID WA
63 l6 L 3
j -t I en £jki c_�j..Gi 6
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ern
Address i •*if. q&5 (&444e i►1idd1 0> 1 VA
Property ID c/rA fip`i -`i
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Property ID 77 ordaJjoofd D', 6rAn t�VE
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Property ID# q/ A 0 3 L
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Address 2001 Cti cceI a. m �1e VPr
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Property ID# q f ft 63 1- M
Address
Property ID# q/ k63_ 1 6
Address
Property ID
13. Additional comments, if any:
NAME
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.
s ew
Page 8 of 9
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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 7 /Z
SIGNATURE OF OWNER
BZA PUBLIC HEARING OF
APPROVAL
DENIAL
AGREEMENT
VARIANCE b 5
(Number to be assigned by the Planning Dept.)
(if other than applicant)
OFFICE USE ONLY-
5 /os ACTION:
SIGNE
DATE
BZ CHAIRMAN
DATE: /d5
Page 9 of 9
Planning Office, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601
Phone 540-665-5651
Perrin 540- 665 -6395
Know All Men By These Presents: That I (We)
(Name) TN'j ■`Wltrt\VR-: (Phone) 103 92q 2521
(Address) q9q1 6 roo.ck too rd Or. CSr'. VA 2O 3 t
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.v Page and is described as
Parcel: Lot: 1 Block: Section: Subdivision:
do hereby make, constitute and appoint:
(Name) Zaa r L J hem-Lao O t r y 1 (hone) 5 333 -S°
(Address) (2 1 n: e. Ck i J- �e\ S \c s C; vdC tZb
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:
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 set my (our) hand and seal this day of 200 J
Signature(s) c yam,
To-wit:
I, e `ta l flA ar a Notary Public in and for the jurisdiction aforesaid, certify that the person(s)
who signed to the fore g instrument and who is (are) Imown to me, pe onally ap cared before me
d has acknowledged the same before me in the jurisdiction aforesaid thi
y t ofj 20(EL.
My Commission Expires: 3
State of Virginia, City /County of
data r 0608
Notary Public
CHRISTINA I. GRADY
Notary Public
Commonwealth of Virginia
My Commission Exps. July 31, 2007
Special Limited Power of Attorney
County of Frederick, Virginia
Rezoning (Including proffers)
Conditional Use Permits
Master Development Plan (Pre!lmizaty and Final)
Subdivision
Site Plan
S.
05/25/2005 15:40 •83523
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TAX MAP #91- A- 03- l -41 -C, 91A-03-1-G. and
91A -03- 1- 64-15.
WITNESSETH:
ANN MARIE JENEL E• PAGE 09/55
DEED
b
JAY K. MERGL A ..sow t ZD /S7Zb /D
herein called Grantee,
P 1 +1
This Deed is made and entered into this
o
2005, by and between STEPHEN
Grantee,
day of
H. UNDERWOOD
Grantors, and
46300.2a2e40 e
That for and in consideration of the sum of TEN DOLLARS
(S10.00), cash in hand paid to the Grantors, and other good and
valuable consideration, the receipt of which is hereby acknowledged,
the Grantors do hereby grant, bargain, sell, and convey, with General
Warranty and English Covenants of Title, unto the Grantee, in Fee
Simple, the following described real estate, to -wit:
PARCEL ONE' ALL THAT certain tract or parcel of land
with all improvements thereon, together with all
appurtenances thereunto appertaining, lying and being
situate in Frederick County, Virginia, containing4.722
acres, and being known and designated as Lots 25 through
48 inclusive, of Block 64 on the plat of the Middletown Land
and Improvement Company, of record in the Clerk's Office
of the Circuit Court of Frederick County, Virginia, in Deed
Book 107 at Page 300, as described on a plat prepared by
Larry C. Himelright, P.C., dated September 11, 1978, of
record in Deed Book 667 at Page 87.
PARCEL TWO: ALL THAT certain tract or parcel of
land with all improvements thereon, together with all
appurtenances thereunto appertaining, lying and being
situate in Frederick County, Virginia, containing 1.259
acres, situate along the West side of Route 627, and
0
N
85/25/2005 15:48 •783523 ANN MARIE
WITNESS the following signatures and seals:
more particularly described on the plat of survey
prepared by Larry C. Htmelrigbt, P.C., dated
September 11, 1987, of record in Deed Book 667 at
Page 87.
PARCEL THREE. ALL THAT certain tract or parcel
of land with all improvements thereon, together with all
appurtenances therennto appertaining, lying and being
situate in Frederick County, Virginia, containing 1.763
acres, and more particularly described on the plat of
survey prepared by Larry C. Himelright, P.C., dated
September 11, 1987, of record in Deed Book 667 at
Page 87.
The aforesaid property is a portion of the same real estate
conveyed to the Grantors herein, by deed dated the 25 day of July,
2001, from Earl L. Austin and Marie J. Austin, husband and wife, said
deed being of record in the aforesaid Cleric's Office as Instrument No.
010009682.
Reference is hereby made to the aforesaid plats, deed, and
records for a more complete description and further derivation of title.
This conveyance is made subject to all restrictions, easements
and rights of way of record, if any, affecting the aforesaid real estate.
7711s INSTRUMENT WAS PREPARED BY Doughu C. Arthnr, Attorney at Law, and the
pnparer did not perform a tine examination in connection with the preparation of thb
instrument.
PAGE 10/55
t s
05/25/2005 15:40 783523
STATE OF 141
COUNTY OF
The foregoing in
a s
this day of
STATE OF
COUNTY OF
My Commission Expires:
this lb da of
ent was ackno
2005, b
The foregoing instrpnent was acknow
My Commission Expires:
VIR(iFNIA: FREDERICK COUNTY, SET.
This instrument of writing was produced to we on
/7, ages at
/7 2th cerdflesie at Acknowledgment thereto jthncxed
was admitted to mord. T imposed by Sec. 5R1-802 of
4941 and 58.14301 hove bees paid. if assessable
WI MARIE J
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November 8, 2005
Jay Mergler
9991 Broadsword Dr.
Bristow, VA 20136 -2610
RE: Property Identification Number (PIN): 91 -A -03- 164 -15
Zoning District: RA (Rural Areas)
Dear Mr. Mergler:
This letter is to notify you that variance application 23 -05 will be pulled if we do not receive any
correspondence from this letter. The Frederick County Planning and Development Department
has attempted to contact you over the phone numerous times without any response.
Please do not hesitate to contact me regarding any questions that you may have at (540)
665 -5651.
Sincerely,
a 7c,
L/
John D. Kirby
Zoning Inspector
JDK/pd
Department of Planning and Development
540/665-5651
FAX: 540/665 -6395
107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000
COUNTY of FREDERICK
November 8, 2005
Jay Mergler
9991 Broadsword Dr.
Bristow, VA 20136 -2610
RE: Property Identification Number (PIN): 91- A- 03- 164 -15
Zoning District: RA (Rural Areas)
Dear Mr. Mergler:
This letter is to notify you that variance application 23 -05 will be pulled if we do not receive any
correspondence from this letter. The Frederick County Planning and Development department has
attempted to contact you over the phone numerous times without any response.
Please do not hesitate to contact me regarding any questions that you may have at (540)
665 -5651.
Sincerely,
John D. Kirby
Zoning Inspector
JDK/pd
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:
September 20, 2005 Action Pending i
LOCATION: High Street (Route 635), 0.1 mile on the right
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER(S): 91A03- 164 -15
PROPERTY ZONING USE: Zoned: RP (Residential Performance)
Land Use: Vacant
ADJOINING PROPERTY ZONING USE:
North: RP (Residential Performance) Use: Vacant
South: RP (Residential Performance)
East: RP (Residential Performance)
West: RP (Residential Performance)
REASON FOR VARIANCE: The lot is exceptionally shallow.
VARIANCE APPLICATION #23 -05
RODNEY BUTLER
Staff Report for the Board of Zoning Appeals
Prepared: September 12, 2005
Staff Contact: Mark R. Cheran, Zoning Administrator
Use: Vacant
Use: Residential
Use: Vacant
VARIANCE REQUESTED: 20 foot front yard variance and 10 foot rear yard variance for the
construction of a single family home
Variance Request #23 -05, Rodney Butler
September 12, 2005
Page 2
STAFF COMMENTS: This 1.72 acre property was part of the New Middletown Subdivision
created in 1890. In1967 Frederick County adopted zoning. The historical zoning map shows this
property was zoned A -2 (Agricultural General) and building restriction lines at the adoption of the
zoning ordinance were 35'front and 15' on the sides. In 1987 this property was subject to a lot
consolidation of 23 lots with building restriction lines of 35'front and 15' on the sides. Frederick
County amended its Code in 1989 to change the rural zoning districts to the current RA (Rural
Areas) zoning district, making the building restriction lines for the property 60'front for all four
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' front yard variance and 10' rear yard variance. Should this
variance be granted, the building setbacks for this property would be: 40' in the front, 50' in the rear,
and would remain 60' on the sides. 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.
September 23, 2005
Mr. Rodney Butler
1244 Macedonia Church Rd.
Stephens City, VA 22655
RE: VARIANCE REQUEST #23 -05
Dear Mr. Butler:
The above- referenced application was tabled by the Board of Zoning Appeals at their meeting on
September 20, 2005. Your request on parcel bearing Property Identification Number 91A03-
164 -15 is for a 20' front yard variance and a 10' rear yard variance and has been rescheduled for
the November 15, 2005 Board of Zoning Appeals meeting.
If you have any questions regarding this action, please feel free to call this office.
Sincerely,
heran
Zoning and Subdivision Administrator
MRC/bhd
Department of Planning and Development
540/665 -5651
FAX: 540 /665 -6395
107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000
ERICK