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Home My WebLink About28-05 ApplicationVARIANCE APPLICATION #28 -05 BEVERLY LONGERBEAM Staff Report for the Board of Zoning Appeals Prepared: January 9, 2006 Staff Contact: Kevin T. Henry, Planning Technician This report is prepared by the Frederick County Planning S&gff to provide information to the Board of Zoning Appeals to assist them in making a decision on this request. It may also he usefid to others interested in this zoning matter. BOARD OF ZONING APPEALS HEARING DATE: January 17, 2006 Action Pending LOCATION: Gun Club Road (Route 666) MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER(S): 45 -2 -C 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: Residential East: RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Residential VARIANCE REQUESTED: 5' variance on both sides, with 45' setbacks REASON FOR VARIANCE: Narrowness of the lot Variance Request #28 -05, Beverly Longerbeam January 9, 2006 Page 2 STAFF COMMENTS: Frederick County adopted zoning in 1967. The Frederick County historical zoning map shows this 1.13 acre property was zoned A -2 (Agricultural General) in 1972. The property setback lines at the adoption of the zoning ordinance were 35' for the front, 25' to the rear 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, 50'rear and 50' to the sides. STAFF CONCLUSIONS FOR THE JANUARY 17, 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 of 5' on both sides of the property (East and West). Should this variance be granted, the building setbacks for this property would be: 60' in the front, 50' in the back, and would change to 45' 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. J ea BOYCE, ELMAV 44 '51 6 KNUPP, RUSSELL 44 51 4 \f� s gs BRAND, MICHAEL W 44 Map Features 9 Applitaffor, Bridges Culverts Lakes/Ponds ^e Dams .N-- Streams Retaining Walls `3 Buildings Road Centerlines Ro Tanks o O Parcels Trails O SWSA oNe UDA TUCKER, BLAIR L 44•6 7\ Zoning BI (Business, Neighborhood District) MS (Medical Support District) 82 (Business, General District) R4 (Residential, Planned Community District) 83 Business, Industrial Transition District) R5 (Residential Recreational Community District) EM (Extractive Manufacturing District) RA (Rural Areas DisNCt) HE (Higher Education District) Q RP (Residential Performance District) M1 (Industrial, Light District) M2 (Industrial, General District) MHt (Mobile Home Community District) 14 girl NtO MILLS, ROY P 45 3 F WILSON EXCAVATION OF WINC., INC 45 A 9 VAR #28 -05 Beverly Longerbeam (45 -2 -C) 0 75 150 Feet STURMS, JAMES C. LORRENE A. 45 A 10C 300 CLEVENGER,CHARLESK 45 A 1013 BENNER. ROGER ASR TAMMY S 44 5,1 T1 *et SHANAHAN;SCOT1 Al N 4 0 4 51 2 BOYCE, E. LhlA V' le 44 51 6 KNEPP. RUSSELL 44 51 4 4 11 ?'91 LEYENGER CHARLES K 0 8 /pplieaton lakes/Ponds Streams i8 Buildings in Tanks O Parcels 0 sWSA Map Features Bridges "re Culverts Al Dams /1/ Retaining Walls Road Centerlines N N '\i Trails *V UDA Zoning B1 (Business, Neighborhood District) B2 (Business, 3eneml District) 83 (Business, ndustrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) O MI (Industrial, Light District) M2 (Industrial, General District) MH1 (Mobile Home Community District) MS (Medal Support District) R4 (Re scderbal, Planned Community District) R5 (Residential Recreational Community District) RA (Rural Areas District) RP (Residential Performance District) N 1 s VAR 28 05 Beverly Longerbeam (45 -2 -C) 0 75 150 Feet 300 2. APPLICANT: NAME: ua /I�J L. Lo r -0 -eo 4ehG` al ConiY c ADDRESS c9 .1 CioCtihns (ree l�ne� I .7t e f ine -r VA as (o Si Page 5 of 9 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA MUST BE TYPED OR FILLED OUT IN INK PLEASE PRINT oon t 1. The applicant is the owner V other (Check one) OCCUPANT: (if different) NAME: /Ai /A ADDRESS: DEC 1 9 2005 TELEPHONE: (p fo S 9 `f7 TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): 6 (>n C-I L.b 4e0ece..Q lIrec forty% ectrfre I Nor -P6, rotit on cQ orle.S .wn Caa9Q .4_ a 1eF-F (approy,314 Mile) On curl Cl le-ea;. Le Ovt let 4. The property has a road frontage of 150 feet and a depth of 30R o -355 feet and consists of 1. /3 acres (please be exact). 1 5. The property is owned by l 1 16frece 13. Cole- as evidenced by deed from recorded (previous owner) in deed book q no. 2( on page L6X 3 of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: c 1 7. Property Identification No.: 8. The existing zoning of the property is: J /4— 9. The existing use of the property is: and__ J Seph G 10. Adjoining Property: North East South West /UGL✓ ncs USE 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. i tS bt4 SideS St#aclk\ 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 Page 6 of 9 .,10.4 (2O0,..\-1/4OO “no --m• -VCro Oen Address a c��, ce�s� R °3�Qh�1�, �f �A 0Ap5lo Property ID 45 b �Yl�i✓I K. �v 4�rst�N1 Address e hi 7� C✓ (7,1 vb goy 4, �s. Property ID e l 3- b �T W 1 ii lam �t�f n�sEi' G.r Address c), c vr1 avb go sve 36s Property ID 4 11_ 5 A i x (!aV f 011 a r i.Jl n neS [Tit c_. Address 909 Srerlor/Ut. 49,( {9 07.260/ Property ID y5 A -q Address Property ID Address Property ID Address Property ID Address Property ID cross 13. Additional comments, if any: 1,13 Aire Lo'f 1915o' S I setbacks incites Tots Small oray ctreA. a- Ylo✓,5c. 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. Page 8 of 9 fij i j e a fizir AMVWV bicisztag Certificate 1 hereby certify that the land contained in this indidlyinien-le portion of the land conveyed.to Dennis 1. Cole by deed doted 27 irril 1972 and recorded in the Frederick County -Court Clerks.) Office in Dead Bonk 30 at rage 27. nua gArcerevrectorrtot I;, *4 4 4 car! Its ea en he Ig,1— Itif di Aim 499 JitaaX-12---' C4.31caid acIaloWancal Waste anne,44sendositla Agr5?"1"J Etat T•ol 9a1134,99 04S 314I1S WO6UHS 402:CO SO 9t °I4 AGREEMENT VARIANCE 28 0 s (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 (71 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 SIGNATURE OF OWNER DENIAL (if other than applicant OFFICE USE ONLY- BZA PUBLIC HEARING OF O f 1 O (o CT ON: DATE- APPROVAL SIG D• DATE: Page 9 of 9 DATE 0 /bS /GS� BZA CHAIRMAN eLw— DATE SIGNATURE OF APPLIC fo /17/0 C SIGNATURE OF OWNER AGREEMENT VARIANCE 14 a g o (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. (if other than applicant) OFFICE USE ONLY- Page 9 of 9 BZA PUBLIC HEARING OF th /o� ACTION: DATE- DATE APPROVAL SIGNED: BZA CHAIRMAN DENIAL DATE: Planning Office, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540- 665 -5651 Facsimile 540- 665 -6395 f i i Know All Men By These Presents: That I (We) (Name) (YV l �(P�hone) l Y 9 (Address) '33 00( -roctiq t LV 12 Lt 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. k ---fr'7 3 on Page s and is described as Parcel: Lot: Block: Section: Subdivision:g-EA)(U') 9€/1 5 do hereby make, constitute and appoint: (Name) �i\ ,_Of\Cr1' inn (Phone) to (e25-947(0 (Address) r.f 1. l G l in, 0 VP cAQI 051 0 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: Notary Publ Special Limited Power of Attorney County of Frederick, Virginia Rezoning (Including proffers) Conditional Use Permits Master Development Plan (Preliminary and Fine!) Subdivision Site Plan My attorney-in-fact shall have the authority to offer proffered conditions and to make amend-nents 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 8e- day of De her 200 S' Signature(s), i J4d R i p State of Virginia, City /County of Y�C `c cr )C- To -wit: i Sf C a Notary Public in and for the jurisdiction aforesaid, certify that the person( who sid to the foregoing instrument and who is (are) known to me, personally app ared before me and has acknowledged the same before me in the jurisdiction aforesaid this day of 1 6.be 200 My Commission Expires: ktbf A_ 28.200'7 PUMP-, ,JR e -t n ana 4 s G- N\. Ocsn Address k Cp l LF- h S �f 9 0 Property ID 45- 9. b Address X1 74 .C✓ (�0ub go sr ks jl K. /-�y� Property ID Cfjr b n Address e l �vr1 afr'6 C /Ca-�s 5 t o VI✓.4 '7`� a I �i �P rkPt er Property ID 4/-t- 5 -1 -1 t i (so �A` f D h d I A rk_ v i t n c_• Address o es'/ c e„ n y q Sp 4 4tj Ytaez6oy Property ID 115 4 g Address Property ID Address Property ID Address Property ID Address Property ID VAR U4,Le AgDr 36-0>szby 1-0 trig —CWAitt -4L 13. Additional comments, if any: Across se4bacs I e &s ')on Sma11 r7[ a►\ h ouse_. TO:BARBARA -DATA PROCESSING FROM:BEV Planning Dept. n Please print sets of labels by 3 A cr e THANKS! Page 7 of 9 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: f- 0 S CA --""F -.4,7;1D 7 1