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Home My WebLink About19-05 ApplicationAPPEAL APPLICATION #19 -05 LAX, LTD. Staff Report for the Board of Zoning Appeals Prepared: August 8, 2005 Staff Contact: Mark R. Cheran, Zoning Administrator 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: August 16, 2005 Pending EI1' LOCATION: The property is located at 115 Winterberry C o urt in the Oakdale Crossing Subdivision. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER(S): 54I -2 -65 PROPERTY ZONING USE: Zone: RP (Residential Performance) District Land Use: Residential ADJOINING PROPERTY ZONING USE: Zone: RP (Residential Performance) Land Use: Residential Zone: RP (Residential Performance) Land Use: Residential Zone: RP (Residential Performance) Land Use: Residential Zone: RP (Residential Performance) Land Use: Residential APPEAL: To appeal the decision of the Zoning Administrator in the administration of Section 165- 29 of the Frederick County Zoning Ordinance pertaining to private entrances. REASON FOR APPEAL: The applicant contends that a private driveway on a collector road was approved by VDOT. Appeal Application #19 -05, LAX, Ltd. August 8, 2005 Page 2 STAFF COMMENTS: The applicant is appealing the decision of the Zoning Administrator regarding a private driveway entrance onto a major collector road The Frederick County Zoning Ordinance does not allow any private driveways onto major collector roads unless they meet the intent of Section 165 -29. Any private driveway onto a major collector road must provide for a safe entrance. This entrance does not meet the requirements of the zoning ordinance as it is less than 150 feet from the entrance to the Oakdale Crossing Subdivision (Crestleigh Drive). Furthermore, this private driveway is currently located in an 80' road efficiency buffer which is included on the approved master development plan for Oakdale Crossing. This constitutes a violation of the Frederick County Zoning Ordinance, the master development plan, and subdivision plan for Oakdale Crossing (Exhibit A). The applicant should have contacted county staff prior to applying for this entrance permit; staff would have denied the permit. The Virginia Department of Transportation (VDOT) issued a private entrance on December 15, 2004; as noted in the enclosed e -mail staff received on August 8, 2005, from VDOT. Any entrance must be in compliance with the Frederick County Zoning Ordinance, and supercedes any VDOT requirements (Exhibit B). Therefore, this private driveway entrance is in violation of Section 165- 29 of the Frederick County Zoning Ordinance, and does not meet the required safe distance onto a major collector road (Exhibit C). STAFF CONCLUSIONS FOR THE AUGUST 16, 2005 MEETING: Staff is requesting to affirm the decision of the Zoning Administrator in the administration of the Section 165 -29 of Frederick County Zoning Ordinance regarding, a private driveway entrance on to a major collector road. 138 KASTUCK 54 A 138 130 KERN 54 A 130 NICHOLAS 54D 1 4 .an CRUICKSHANK 0 54D 1 3 KIRK 54D 1 2 MA THIS 'ti 22 54C 118 22 GIBSON 54C 12 C 44 66A NEUMANN 5410 2 66A NEUMANN 54 A 136 MCCAULEY HARPER 4 KLEE 541 2 4 Kp.110R LEMON 68 541 2 68 HUFF 54D 1 7 139 MOORE 54D 1 9 D MOORE 54D 1 10 SO- 69P r� tl rrn s trong ell Map Features Bridges APPliceton Culverts LakesPonds N Dams w� Streams Retaining Walls a ldrgs Road Centerlines Tanks L N Trails 0 Parcels Agricultural Forestal Districts Double Church Refuge Church U Scutt Frederick APP #19 -05 LAX, Ltd (541 -2 -65) 0 125 250 Feet 500 129 128 28 co Map Features Bridges 9 Applicaton ni Culvarts LakesfPonds y Dams ,n.— Streams Retaining walls tii: Buildings Road Centerlines 1. Tanks °4'. N Trails Agricultural Forestral Districts Double Church Refuge Church U South Frederick APP #19 -05 LAX, Ltd (541 -2 -65) 0 125 250 Feet 500 8 r APPLICATION FOR APPEAL IN THE COUNTY OF FREDERICK, VIRGINIA JUL 1 12005 f MUST BE TYPED OR FILLED OUT IN INK PLEASE PRINT 1. The applicant is the owner X other (Check one) OCCUPANT: (if different) NAME: LAX Ltd. NAME: 2. APPLICANT: ADDRESS 101 Providence Dr. ADDRESS: Winchester, VA 22602 TELEPHONE:(540) 667 -8013 TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): 115 Winterberry Court, Oakdale Crossing Subdivision County of Frederick, Virginia Southside of Route 657 (Senseny Road), .03 miles West of Route 1265. 4. Magisterial District: Shawnee 5. Property Identification No.: 5 4I -65 8. Adjoining Property: of Section 165. 11. Additional comments, if any: 6. The existing zoning of the property is: RP (Residential Performance) 7. The existing use of the property is: Residential USE ZONING North Residential RP East Residential RP South Residential RP West Residential RP 9. Describe the decision being appealed. (Attach a copy of the written decision.) The decision requires that a driveway, which exits onto Senseny Road, be removed by July 15, 2005, because of a Violation of Frederick County Code Section 165 29(10). 10. Describe the basis of the appeal, indicating your reason(s) for disagreeing with the decision. (This may be provided on separate sheet.) The driveway was approved as safe by VDOT permit no. 0005- 1234 -825 and complies with the requirements Instrument No. NgEary Public Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540 665 -5651 Facsimile 540- 665 -6395 Know All Men By Those Present: That I (We) (Name) LAX, Ltd (Phone) (540) 667 -8013 101 Providence Drive, Winchester, VA 22602 (Address) 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 on Page and is described as Parcel: Lot: Block: Section: Subdivision: do hereby make, constitute and appoint: (Name) Nate L. Adams, III, Esq. (Phone) (540) 667 -1330 11 S. Cameron Street, Winchester, VA 22601 (Address) To act as my true and lawftul 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: Rezoning (including proffers) Conditional Use Permits Master Development Plan (Preliminary and Final) Subdivision Site Plan 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 modifi ed. In witness thereof; t(we) have hereto set m r) hand and this day of Signatare(s) :State ofirginii; City/f (A 1 1,/ ('I t 1� To -wit: I t r a Notary Public in and for aforesai certify that the person(s) who signed to the foregoing instrument personally ap add -hak acknolvledged the same before me in the jurisdiction aforesaid this `h day of My Commission Expires: /D U:\Bcv\Special Limited POA.wpd I -D8 200 6 the jurisdiction eared before me ,200 AGREEMENT APPEAL 79 —DC I (we), the undersigned, do hereby respectfully petition the Frederick County Board of Zoning Appeals (BZA) to overrule the administrative interpretation of the County Zoning Ordinance as described herein. I agree to comply with any conditions 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 hereby certify that all of the statements and information contained herein are, to the best of my knowledge, true. SIGNATURE OF OWNER (if other than applicant) APPEAL OVERRULED File O.\Land Usc Applications\Application Forms 1. Revised 01/14/03 SIGNATURE OF APP CANT- DATE OFFICE USE ONLY- BZA PUBLIC HEARING OF gA (47 S ACTION: DA APPEAL SUSTAINED SIGNED:.J� DATE: DATE 7 -7- BZA CHAIRMAN Ceti L