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HomeMy WebLinkAbout25-05 ApplicationREASON FOR VARIANCE: Narrowness VARIANCE APPLICATION #25 -05 DONALD HALEY Staff Report for the Board of Zoning Appeals Prepared: January 24, 2006 Staff Contact: Kevin T. Henry, Planning Technician 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: February 21, 2006 Action Pending DEID LOCATION: 1008 Back Mountain Road (Route 614) MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER(S): 39 -A -82 PROPERTY ZONING USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING USE: North: RA (Rural Areas) South: RA (Rural Areas) East: RA (Rural Areas) West: RA (Rural Areas) Use: Agricultural Use: Residential Use: Agricultural Use: Agricultural VARIANCE REQUESTED: A 40' side yard variance on the Southern side and a 90' variance on the Northern side. Variance Request #25 -05, Donald Haley January 24, 2006 Page 2 STAFF COMMENTS: Frederick County adopted zoning in 1967. 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' for the fronts and 15' for the side yards. Frederick County amended its Ordinance in 1989 to change the rural zoning districts to the current RA (Rural Areas) Zoning District, making the current setbacks for the property 60'front, 60'rear, 50' to the Southern side and 100' to the Northern side, in which the adjoining property is used agriculturally. Frederick County zoning requires a 100' setback for any dwelling adjoining a lot which provides an agricultural land use. The proposal for a 90' variance on the North boundary would be a drastic decrease from the required setback. STAFF CONCLUSIONS FOR THE FEBRUARY 21, 2006 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 of40' on the Southern side and 90' variance from the North side of the property to replace an existing mobile home. Should this variance be granted, the building setbacks for this property would be: 60' in the front, 60' in the back, and would change to 10' 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. tz CLOWSER 39 A 84A CLOWSER 39 A 85 Application Lakes/Ponds S Streams Buildings Tanks 0 Parcels SWSA Map Features I N/ Bridges /As/ Culverts Dams A/ Retaining Walls Road Centerlines '\i Trails DDA Zoning B1 (Business, Neighborhood District) O B2 (Business, General District) B3 (Business, Industrial Transition District) EM (Extractive Manufacturing District) 0 HE (Higher Education District) M1 (Industrial, Light District) Q M2 (Industrial, General District) MH1 (Mobile Home Community District) MS (Medical Support District) R4 (Residenfal, Planned Community District) R5 (Residenfal Recreational Community District) RA (Rural Areas District) RP (Residential Performance District) W N S VAR #25 -05 Donald Haley (39 -A -82) 0 75 150 Feet 300 TIMMONS 39 A 71 00"%if; 9 Application Lakes /Ponds Streams M Buildings Tanks 0 Parcels O SWSA Map Features Bridges Culverts A/ Dams Retaining Walls Road Centerlines Trails UDA Zoning 131 (Business, Neighborhood District) MS (Medical Support District) Q B2 (Business, General District) R4 (Residential, Planned Community District) B3 (Business, Industrial Transition District) R5 (Residential Recreational Community District) EM (Extractive Manufacturing District) t3 RA (Rural Areas Disbict) HE (Higher Education District) O RP (Residential Performance District) M1 (Industrial, light District) Q M2 (Industrial, General District) MH1 (Mobile Home Community District) W N DIY s VAR 25 05 Donald Haley (39 -A -82) 0 75 150 300 Feet APPLICATION FOR VARIANCE FT IN THE COUNTY OF FREDERICK, VIRGINIA MUST BE TYPED OR FILLED OUT IN INK PLEASE PRINT V 1. The applicant is the owner 2. APPLICANT: NA1 ,jv,trl LP.c Maley d- rsl i,e2 IY1, +b-Iel other ADDRESS !COS? ale; Moo ADDRESS: Lc; A e b e s t a Q VI Ey' N ea. TELEPHONE: .6 877_ A791 TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): Rom Ui 4-)a.stek to 5o App- s t L o,J 07 t- P_ t Pk App. 1,9 the ra Pecpat7 oA1 eight. 4. The property has a road frontage of loo feet and a depth of 6'(„`� feet and consists of -j-a' acres (please be exact). Page 5 of 9 //t °CT r 9 2005 (Check one) OCCUPANT: (if different) NAME: 5. The property is owned by 'D o rJo.l d L f d- E611)ek m ilarlay as evidenced by deed from &J 2 k 0 �d &(previous owner) in deed book no. 917 on page gig of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District rote A Q e e k. 7. Property Identification No.: 3 9 ga 8. The existing zoning of the property is: /e/1 9. The existing use of the property is: 10. Adjoining Property: USE North e East Cdr e, South Ras Art West P i Page 6 of 9 ZONING 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. 10 z z�f' CH e-k_ J s!- So 0 at) pP at/- y 12. List specific reason(s) why the variance is being sought in terms of i 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 13. Additional comments, if any: 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 LOP4fo C Lo w SL'72 Address (0 41 A Y L4.ie W- mn Property ID 7 ei B Address cp9 3 'i S o tce7 rcc-tge+taayPO' Property ID 3 9 ►4 7v Dku a-t blvv■ Address `f (34 at a 3r- /TeL "..cL�_ Property ID 3 9-4 `L, "intiditi S ti... l t{ Address I P mtw Iwo a Property ID q 14 7..5- j C(� C y Sr :ME Address 27_4 it Property ID 3 q_ A I Address Property ID Address Property ID Address Property ID 13. Additional comments, if any: 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 2R sZn 0 A to m *fat 41:1101 CC SHEET 2OF Elw. N04r k§§§o*§ 0 s e w.;a't;;. k §N104 A Mdgflmmn;,2 =,@r© §§M ZZZZW Z WZ ZZ ZZ2WZ2Z X =e! „ee, 11 AGREEMENT VARIANCE #j D (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 bon c14D AZet DATE /U SIGNATURE OF OWNER DATE e /7-or (if other than applicanff BZA PUBLIC HEARING OF APPROVAL DENIAL OFFICE USE ONLY- Page 9 of 9 SIGNED SZA DATE: 1/ 1 I©6 December 21, 2005 Mr. Donald Haley 1008 Back Mountain Road Winchester, VA 22602 RE: VARIANCE REQUEST #25 -05 Dear Mr. Haley: This letter is to confirm that the above referenced variance application was withdrawn by the Board of Zoning Appeals at their meeting on December 20, 2005. This request was for a 40' side yard variance, on both sides, on parcel bearing Property Identification Number 39 -A -82. The property is located at 1008 Back Mountain Road (Route 614), in the Back Creek Magisterial District. If you wish to pursue this matter, please submit a variance application with the appropriate fees. If you have any questions regarding this action, please feel free to call this office. Sincerely, ark R. Cheran Zoning and Subdivision Administrator MRC/bhd cc: Jane Anderson, Real Estate John Trenary, Inspections RLE COUNTY of F' 1 'S CK Department of Planning and Development 540/665 -5651 FAX: 540 /665 -6395 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 VARIANCE APPLICATION #25 -05 DONALD HALEY Staff Report for the Board of Zoning Appeals Prepared: December 2, 2005 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Stcfflo 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: December 20, 2005 Action Pending 1virEDRAwn LOCATION: 1008 Back Mountain Road (Route 614) MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER(S): 39 -A -82 PROPERTY ZONING USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING USE: North: RA (Rural Areas) Use: Agricultural South: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: Agricultural West: RA (Rural Areas) Use: Agricultural VARIANCE REQUESTED: A 40' side yard variance on both sides REASON FOR VARIANCE: Narrowness Variance Request #25-05, Donald Haley December 2, 2005 Page 2 STAFF COMMENTS: Frederick County adopted zoning in 1967. 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' for the fronts and 15' for the side yards. Frederick County amended its Ordinance in 1989 to change the rural zoning districts to the current RA (Rural Areas) Zoning District making the current setbacks for the property 60'front, 60'rear and 50' to the Southern side and 100' to the Northern side, in which the adjoining property is used agriculturally. Frederick County zoning requires a 100' setback for any dwelling, adjoining a lot which provides an agricultural land use. The proposal for a 40' variance on the North boundary would be a drastic decrease from the required setback. STAFF CONCLUSIONS FOR THE DECEMBER 20, 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 40' on both sides of the property (North and South). Should this variance be granted, the building setbacks for this property would be: 60' in the front, 60' in the back, and would change to 10' 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.