HomeMy WebLinkAbout24-05 ApplicationVARIANCE APPLICATION #24 -05
SAMUEL AND RUTH SPICER
Staff Report for the Board of Zoning Appeals
Prepared: November 1, 2005
Staff Contact: Mark R. Cheran, Zoning Administrator
This report is prepared by the Frederick County Planning Staff 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:
November 15, 2005 Action Pending prjn.OVr�
LOCATION: Northern side of Wardensville Grade (Route 600), near the intersection of Burr Stone
Lane and Wardensville Grade
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER(S): 70 -A -2E
PROPERTY ZONING USE: Zoned: RA (Rural Areas)
Land Use: Vacant and Residential
ADJOINING PROPERTY ZONING USE:
North: RA (Rural Areas) Use: Vacant
South: RA (Rural Areas) Use: Residential
East: RA (Rural Areas) Use: Vacant
West: RA (Rural Areas) Use: Residential
VARIANCE REQUESTED: An 11.2' front yard variance
REASON FOR VARIANCE: Drainfield location does not allow for walk -in basement
Variance Request #24 -05, Samuel and Ruth Spicer
November 1, 2005
Page 2
STAFF COMMENTS: The applicant is seeking an 11.2 foot front variance due to the building
restriction lines (BRL) on this 1.43 acre property. The BRL's for this property are front and rear 75'
and sides 50'. These BRL's are consistent with the Frederick County Zoning Ordinance and are
vested as noted on the plat submitted with this application. The applicant proposes to build a single
family dwelling with a walk -in basement that will be too close to the staked out drainfield site. This
does not meet the criteria of a hardship under the Code of Virginia Section 15.2-2309 (2).
The Frederick County Zoning Ordinance allows for different housing types in the RA (Rural Areas)
Zoning District which include mobile homes, nodular homes, and single family dwellings without
basements. Any one of these housing types maybe used without a variance.
STAFF CONCLUSIONS FOR THE NOVEMBER 15, 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 subject lot has a fairly narrow width and when applied in conjunction with two front setbacks.
the lot is not able to be improved to the owner's desire. Strict application of the zoning ordinance in
this case does not produce an undue hardship because the property contains an area that may be
expanded into without a variance. Therefore, the inability to construct a single- family dwelling with
a walk -in basement does not constitute an undue hardship under the criteria, specified in 15.2-
2309(2), Code of Virginia; denial of this variance would be justified.
1
43/4 1 t 40
Map Features
0 pliotion N Bridges
N Culverts
"Ie SNOndB N Dams
+tee. Steams
0P�IS
Buildin
SW"
A Returning Walls
Road Centerlines
Galls
USA
MILLER
]0 A 2A
Zoning
MILLER
70 A 75A
O Ell (Business Neigneomoud District) Ms (medical suppm) Bisect)
O
B2 (Business General O R4(Reslaen4N,planned CommumNDlnlw
001CUSlness Industrial Transition Detect) 05(Resleenus Recreational Community DiMal
EM ru active Manuhutunng DIMICN O RA (Rural Areas Distinct)
O HE (Hiuher Efumoon District) O RP (Residential Performance Dismc0
O 01 (Inuuslsall Light District)
O
02 (Industrial, General District)
Mtl1 (Motile Nome community District)
VAR #24 -05
Samuel Ruth Spicer
(70 -A -2E)
MILLER
70 A 74A
ORNDORFF
70 A 72
SCHAFER
70 A 74D
WATSON
70 A 16G
LOWERY
70 A 73
MCINTURFF
70 A 68
STR05NIOER
70 A 65B
Ia
Aapnweon N C u l gee
Lakes/Ponds N Gams
w— Steams N Retaining Wank
O Buildings Rea d Centerlines
ranks
Q Parcels x Trails
Q SWSA e'er URA
Map Features
Zoning
O
el (Business Neighborhood District/ O MS (Medical Support District)
O B2(0 (Business General District) O Ra iResldenual. Planned Community oiso-mp
O B3 (Business Transition nosiel Transition Dihut O R5 nuesidenuai Reoeatonal Community District)
O
EM (Extractive Manufacturing DiSticr) 0 RA(Ru, Areas Distritl)
p HE (Higher Education District} O RP (Residential Performance District)
O MI (Industria', tight District)
Q Mzlmdummt Genera[asNq) M
O MHt (MOdae Home Community Di tri
VAR #24 -05
Samuel Ruth Spicer
(70 -A -2E)
70!A BB
ckty 1,ro cttrn4V( I EP, C-w r\
Page 5 of 9
TELEPHONE:
APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
,4- "414.«, 4
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'S ONtp1 ri R at S i te(Z NAME:
ADDRESS 3M so CYlp f Re. Rcs0A ADDRESS:
ex **.tr VE\t am 1
TELEPHONE:K.)
3. The property is located at (give exact directions and include State Route numbers):
n r\ nn. Le n sn> 1 c Q? `Pt, ,100
S
4. The property has a road frontage of 1 1? feet and a depth of feet
and consists of H3 acres (please be exact).
RN
10. Adjoining Property:
USE
VAo.RIST
North
East
South
West
5. The property is owned by t. S S as evidenced
by deed from Ibnt,. Mpirttp.tr. T, ecorded (previous owner) in deed book
on page of the deed books of the Clerk of the Court for
Frederick County. Please attach a copy of the recorded deed.
6. Magisterial District: WW1 es e_ `k
7. Property Identification No.: Pc2
8. The existing zoning of the property is: R R h'`
9. The existing use of the property is: VPe..RNT v S 1APn1irtj
N•
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.
e ��O
11 �P, eAretrf.1\I;ttat r t„S+ Pa I0YJ1tx9C c iO4 C1t 1409 6X!0.T1O/l
a S tv O 3 bSE' fZ��Y� d.rl I eP E Il^ Mme+
12. List specific reason(s) why the variance is being sought in e 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 1
1 h\E> P hE1�9"�I�i2 tv�t LP\cr\ An �eg \V\i,) I�Oti RAPl 1 ll 1 ic Ct e I tl I
of
t __h1cs sc 1*-4 ri ke- it, t di sn 1 h t I+ ���R G.„ Dno\oRV 1Se_
1,01\e e l C� is N d�$ moo ct e. e,
Page 6 of 9
66 I CILA 'u\cL1 Q. it l.ts SetS.
Be� JCJrW -1•R.
l
Address 1l/0 in+ai 1W6
VR 9 atnn�.
Property ID 17 0-R -7n
Sh A i 1 ci ,�e Zte nt L. 1
S UNcL P.tZ H u n k
Address �Sci B `nm si0.1xv, thltN4ei eN. �l (15,.
Property ID rJ h B Ii 9E
M1ilecclt�Uhe_
Address 3,a(3 \I,)ri tI»At11IIP.
1 1
gikklp,V)Ine
h2.s
Property ED ID- B11+-R {'A• d°9 /70 o1
m
11111 Nei
I e� �6� `1
Address
Property ID p
11 041`z
b ut\ elev. lc s4.5 i 4
SI to °t1S Tarr i t\ k
b
Address ill AW r Ifs lto-
l H. t'4ant∎414 V ).9 _c/
1
Property ID 7n,R" L'
Address
Property ID
Address
Property ID
Address
Property ID
13. Additional comments, if any:
.S
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:
NAME
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.
Page 8 of 9
106929A
PIN 70 —A -2A
L N/F RODNEY L MILLER
8 DB 558 PG 660
RR
3 r S
Ra w4
0 Ar, zz R
PROPOSED ,`f ?6j)�
Kit 91E
PIN 70 -A -2E
1.243 ACRES V
No
C1
RADIUS
409.26'
ARC
117.74'
BEARING
5 5747'19' W
CHORD
117.33
DELTA
1629'00
NOTFS:
1. NO 777LE REPORT FURNISHED. EASEMENTS MAY
EXIST THAT ARE NOT SHOWN ON THIS PLAT.
2. PROPERTY IDENT7F7CA T70N No. 70 —A -2E
3. BRL BUILDING R£STR/CDON LINE
PIN 70—A -748
N/F DORIS P DUNAYER
PAMELA K. SIMONS
DB 972 PG 556
CURVE TABLE
8
PLAT SHOWING
LOCA170N OF PROPOSED DWELLING
ON THE LAND OF
SAMUEL L. SPICER
RUTH J. SPICER
INSTRUMENT /040009213
BACK CREEK MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
DATE: OCTOBER 3, 2005 SCALE 1'
MARSH LEGGE
PIN 70 —A -74A
N/F RODNEY L MILLER
DB 552 PG 716
6n'
GRAPHIC SCALE
so o 30 60
0.31
1 Inch 80 R.
120
560 NORTH LOUDOUN STREET
WINCHESTER, VIRGINIA 22601
Land Surveyors, P.L.0 PHONE FAX (540; 667 -0469
AGREEMENT
VARIANCE V —OS
(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.
SIGNATUURE OF APPLICANT .,L. /4 ST
DATE /0 S
BZA PUBLIC HEARING OF
1/ APPROVAL
DENIAL
SIGNATURE OF OWNER DATE
(if other than applicant)
OFFICE USE ONLY-
SSA 5'
DATE-
SIGNE
Page 9 of 9
ACTION:
DATE: I /I S /O
:1 r y T x1
r ye
JAM /jd
82 -061
5/18/83
J,[M •••R. /e.1
a. e
t -.n.. •...M•••
A****RRt..1.R1 t1...,•.•
01196
JOSEPH A. MASSIF., .JR., EXTR.
TO: TRUST
U. M. BUTLER, ET AL, TRS.
***R Rta Asa****** *i• *A *A.
EE;5594G57 7
THIS DEED OF TRUST, made and dated this i day of May,
1983, by and between Joseph A. Massie, Jr., Executor of
the Estate of E. L. Peters, deceased, party of the first
part, hereinafter called Ccar.tor, and Benjamin M. Butler,
party of the second part, hereinafter called Trustee.'
I
WHEREAS, E. L. Peters died April 18, 1982, and
his Will was probated in the Clerk's Office of the Circuit
court of Frederick County, Virginia, in Will Book 81_,
Page 413, and Joseph A. Massie, Jr. duly qualified as
Executor under the terms of said Wi11i and,
WHEREAS,. said Will provides and gives authority
•to the Executor to borrow money and encumber the real
estate of the decedent's estate; and,
WHEREAS, it is necessary to borrow funds for the
purpose of paying the taxes due by said estate.
NOWTHEREFORE THIS DEED OF TRUST WITNESSETHZ
That for and in consideratiop of the sum of One Dollar
($1.00) cash in hand paid by the said Trustee to the party
of the first part, on or before the delivery of this deed
of trust, the receipt of which is hereby acknowledged, the
party of the first part does hereby grant and convey unto
the paid Trustee under the terms and provisions herein-
after set forth the following real estate, to -wit,
All of that certain tract or parcel of land
lying and being situate on the North side of
Virginia Secondary Highway No. 657, otherwise
known as Senseny Road, approximately one (1)
mile East of the City of Winchester, Virginia,
in Shawnee Magisterial District, Frederick
County, Virginia, and more particularly des-
cribed in that certain plat and survey of Quent
R. Short, C.L.S., dated March 23, 1961, which is
attached to and made a part of that certain deed
from Sophia G. Trenary and h;:sband to E. L.
6
1
1
wow ruus, w.
&Man in um
mesa
Peters and Ruth E. Peters, his wife, no tenants
by the entlputy with the common law right of sur-
vivorship, dated June 2, 1962, and of record in
the Clerk's 0ffice of the Circuit rnurt of
Frederick County, Virginia, in Deed Book 271,
Page 99.. The said Ruth E. Peters having died an
the 1st day of August, 1976, thereby vesting fee
simple title in and to said realty to the said
E. L. Peters.
EXCEPTING FROM THIS CONVEYANCE is Senseny
Heights Subdivision, Section One, of record in
the aforesaid Clerk's Office in Deed Book 272,
r Page 450, Senseny Heights Subdivision dated
August 1,.1972, and of record in said Clerk's Of-
fice in, Deed Book 399, Page 93, .consisting of
Lots 1 through 5, Block D, Lote 1 through 7,
Block B and a subdivision of Senseny Heights
dated June 15, 1976, and of record in said
Clerk's Office in Deed Hook 404, Page 524, for
Lots 6, 7, 8, and 9, Block D, Lote 3 through 12,
Block C and that certain ,Deed of Dedication
dated August 14, 1978, for an additional portion
of Williamson Road extending from Senseny Road
northward to the intersection of Stafford Drive
and of record in the aforesaid Clerk's Office in
Deed Book 504, Page 161, LESS that certain lot
or parcel of land containing 5.16 acres conveyed
to the Trustees of Christ Episcopal Church by
deed dated January 22, 1963,. and of record in
the Clerk's Office in Deed Book 285, Page 416,
and less that conveyance to the Commanwealth of
Virginia %for the widening of Senseny Road, by
deed dated February 20, 1970, of record in said
Clerk's Office in Deed Book 363, Page 304.
The said lands herein encumbered include that
certain lot or parcel of land containing 36,545
square feet, improved by two (2) brick apartment
buildings containing twelve (12) apartments each
and that certain lot or parcel of land being 100
feet in width having a depth of 150 feet on the.
Western corner of the intersection of Williamson
Road and Senseny Road and improved by a store
building, and the cdditional 5.6 acres zoned
commercial and an undeveloped street designated
as Circle Drive, together with the undeveloped
real estate of 4.5 acres zoned residential
and including a Lot on the Northeast corner at
the intersection of Road and Senseny
Road improved by a old frame dwelling house.
This conveyance is made subject to ell ease-
ments, rights of way and restrictions• of recnrd affecting
the subject property.
2
4?s "-Y?„ eto,i,:;r,;1 -i S t"e ":`t 't Kw int
al LAO'
IN THUS: HOWEVER, to secure payment to the
holder of a certain negotiable bond of even date herewith,
made by the party of the first part, payable -to the order
of thr Shenandoah Valley National Lank, of Winchester,
Virgi.; a, in the principal sum of One Hundred Fifteen Thou-
sand Dollars 1 8115,000.00) with interest thereon at the
rate pf two percent (21) over the quoted prime rate of the
Chase Manhattan Benk, per annum, interest payments only
commencing on the %:day of June 1983, and continuing on
the same day of each succeeding month thereafter, except
that, if not sooner paid the entire indebtedness shall be
due and payable on the day of May, 1984.
AND FURTHER IN TRUST, to secure the payment of
any money, with interest thereon, advanced by the holder
of the hercinabove described obligation to the party of
the first part, or his successor in title, at any time be-
fore the release of this deed of trust for any purpose to
the extent that the amount advanced at any one time when
added to the balance due on the original indebtedness and
any prior advance, shall not exceed the amount originally
secured by this deed of trust.
This Deed of Trust is executed and is to be con-
&trued In accordance with all the provisions of Section
SS -59 and 55 -60 of the Code of Virginia, end all amend-
ments thereto except as otherwise provided herein.
Advertisement required* Four (1) publications
of notice of sale commencing within twenty -one (21) days
before the date of sale in any newspaper of general circu-
lation published or distributed where the property is lo-
cated; commission of two and one -half percent (2 1 /24) of
eKSS9
3
!.eaeew a. era a.
...saw. a.
.asana...r.
indebtedness shall be due Trustee if property 1. adver-
tlaedbut indebtedness paid before sale.
The tarty of the•flret Hart reserves the right
to pay at any time the entire indebtedness, or any part
thereof. Exemptions waived. Subject to all upon default.
Insurancrrequired against fire end other calamity in the
amount of the insurable value.
Any default in the amount of the monthly payment
provided in said secured indebtedness, unless paid within
fifteen (15) days from the due date of said payment, shall
at the option of the holder of said indebtedness, consti-
tute an event of default under this Deed of Trust, and the
entire remaining balance shall at the option of the Holder
immediately become due and payable. Waiver of any default
shall not constitute a waiver of any future default.
The holder of the indebtedness secured by this
Deed of Trust is hereby granted the power to appoint a sub-
stitute Trustee pursuant to Section 26 -49 of the Code of
Virginia in the event of resignation, death, incapacity,
disability, removal or absence from the State of a•Trus-
tee; such substitute Trustee shall have the same powers as
if originally named herein.
The property secured by this Trust may not be
sold by Contract of Sale or conveyed to any other person,
firm or corporation, without the prior written consent of
the holder of the bond and any such sale or conveyance
shall be construed as a default of this Trust.
NOTICE THE DEBT SECURED HEREBY I8 SUBJECT TO
o
CALL IN FULL OR THE TERMS THEREOF BEING MODIFIED IN THE'
6559PC680
31114•74 a rick.
t• a•
BKS59 ?c681
EVENT OF SAI,N OR CONVEYANCE OF '191Y PROPERTY_ SECURED
HEREDY,
WITNESS the following signature and seali
"a •Y, (SEAL)
Joseph A. Massie, Or.
Executor of the Estate of
E. L. Peters, deceased
STATE OP VIRGINIA
OP',•,(' Co -wits
The foregoing Deed of Trust was acknowledged be-
fore me .this /.day of 'hi 1993, by Joseph A.
Massie, Jr., Executor of the Estate of E. L. Peters,
deceased.
My Commission expires; L7; /P. i i
1' X 79 1 1/4
Noted, public
ar n7Jn'n.
f L /1; >.•r: 4:.:.. I. s: :rt. e• a.: n:,I Nr,q, w„,ae e41g1y ■,..w..
5