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Home My WebLink About27-05 ApplicationVARIANCE APPLICATION #27 -05 FREDERICK COUNTY SANITATION AUTHORITY Staff Report for the Board of Zoning Appeals Prepared: November 30, 2005 Staff Contact: John D. Kirby, Zoning Inspector 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: December 20, 2005 Action Pending i r' 3.0\ D LOCATION: Route 522. east on Parkins Mills Road, approximately '/4 mile on the right MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER(S): 76 -A -94A PROPERTY ZONING USE: Zoned: RA (Rural Areas) Land Use: Vacant and Residential ADJOINING PROPERTY ZONING USE: North: RA (Rural Areas) Use: Agricultural South: RA (Rural Areas) Use: Agricultural East: RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Agricultural VARIANCE REQUESTED: 40' front yard variance and 35' side yard variance REASON FOR VARIANCE: Size and shape of the property for the required additional wastewater treatment facilities, to complete the 5.0 MGD expansion and ENR upgrade project. Proposed setbacks are less than or equal to existing. Variance Request #27 -05, Frederick County Sanitation Authority November 30, 2005 Page 2 STAFF COMMENTS: This 6.7326 acre property was purchased by the Frederick County Sanitation Authority in March of 1988. The Frederick County historical zoning map shows the 59 acre parent tract was zoned A -2 (Agricultural General) in 1967. The building restriction 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, making the setbacks for the property 60'front, 100'rear and 50' sides. 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' front yard variance, and 35' side yard variance. Should this variance be granted, the building setbacks for this property would be: 20' front yard; 15' right side yard; and 15'left side yard. 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 Application Bridges Culverts LakeslPonds Dams �nr� Streams Retaining Walls e�ildtrrga Road Centerlines Tanks N Parcels Trails O SWSA UDA Zoning O B1 (Business, Neighborhood District) MS (Medical Support District) O 82 (Business, General District) R4 (Residential, Planned Community District) B3 (Business, Industrial Transition District) R5 (Residential Recreatrenal Community District) EM (Extractive Manufacturing District) Q RA (Rural Areas Districp HE (Higher Education District) O RP (Residential Performance District) MI (Industrial, Light District) Q M2 (Industrial. General District) MH1 (Mobile Home Community District) W N u s E VAR #27 -05 Sanitation Authority (76- A -94A) 0 2550 100 wsi Feet i 4STASLEAVS14I 76 A 94 PROFFITT E A S3 (SPANGLER 76 A 13 FORT HILL FARM 76 A 969 8 L location Lakes/Ponds Wes• Streams Buildings Tanks O Parcels O SWA Map Features /k Bridges Culverts Dams Retaining Walls Road Centerlines Trails UDA Zoning B1 (Business, Neighborhood District) MS (Medical Support District) Q 82 (Business, General District) R4 (Residential, Planned Community District) B3 (Business, Industrial Transition District) R5 (Residential Recreational Community District) EM (Extractive Manufacturing District) Q RA (Rural Areas District) HE (Higher Education District) Q RP (Residential Performance District) MI (Industrial, Light District) Q M2 Industrial, General District) MH1 (Mobile Home Community District) w N s VAR #27 -05 Sanitation Authority (76- A -94A) 0 2550 100 alum Feet 2. APPLICANT: Winchester, Va. 22604 -1877 right. TELEPHONE: 540- 868 -1061 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA Variance Application 7 Submittal Date: 1/ /s e Fee Paid: Sign Deposit initials: T OFFICE USE ONLY Submittal Deadline: 1 /EVA ,5 For the meeting of A 6 &S MUST BE TYPED OR FILLED OUT IN INK PLEASE PRINT 1. The applicant is the owner x other (Check one) OCCUPANT: (if different) NAME: Frederick County Sanitation 6 NAME: Authority ADDRESS P• ax 1877 ADDRESS: TELEPHONE: (Existing WWTF Site and adjacent FCSA -owned property) 3. The property is located at (give exact directions and include State Route numbers): U.S..Route 522 East on Parkins Mills Road. entrance_ approximately 1/4 mile on 4. The property has a road frontage of FFq feet and a depth of 500+ feet and consists of 6.73 acres (please be exact). Frederick County 5. The property is owned by Sanitation Authority as evidenced by deed from RC Burcham recorded (previous owner) in deed book no. 683 on page 426 of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: Shawnee 7. Property Identification No.: 10. Adjoining Property: 76 A 94A 8. The existing zoning of the property is: RP 9. The existing use of the property is: WWTF West Agricultural RA USE ZONING North Agricultural RA East Residential RA,RA South Agricultural RA 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' frontyard variance for Primary Clarifiers and Distribution Box and last Building Expansion, A 15' siteyard variance for Secondary Clarifiers, RAS /WRS Pump Station and Blower /Utility Building 12. 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 Size and shape of property for-the required additional wastewater treatment facilities to complete the 5.0 -MGD Expansion and ENR upgrade Project. Proposed setbacks are less than or equal to existing. 7 Frederick County Sanitation Authority Address 107N. Kent St., Winchester, Va. 22601 Property ID 76 A 95 Shannon J. Stasiowski Address 108 Sussex Circle, Stepberg Cty, Va. 22655 Property ID 76 A 94 Fort Hill Farm Address 1669 Front Royal Pike,Winchester, Va. 22602 Property ID #76 A 96 B Eugene F. Grove Address 340 W. Parkins Mills Rd., Winchester, Va. 2 Property ID #76 A 97 Address Property ID Address Property ID Address Property ID NAME 13. Additional comments, if any: Refer to attached site plan and rendering. Upgrade required to meet VA Nutrient Removal Regulations. Expansion re wired for .ro'ected rowth within 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: he Count 's Parkins Mills Service area. 260 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. Refer to attached site plan, rendering, and County Tax Map printouts. 9