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Home My WebLink About14-02 Glen Borror Lots (Lot 59) - 76-5-63A - Shawnee - BackfileDate: BOARD OF ZONING APPEALS Variance Request Tracking Sheet File opened Reference Manual updated/number assigned D-base updated One B&W location map requested from GIS U Two sets of labels requested from Data Processing rJ a a d a. File given to Renee' to update Application Action Summary MEETING DATE: 00 FINAL ACTION: -4a I J"I - CLOSE OUT FILE: t / Approval (or denial) letter mailed to applicant/copy made for file ri File stamped "approved", "denied" or "withdrawn" Reference Manual updated D-base updated File given to Renee' for final update to Application Action Summary �v U: \Carol\Common\TRACKING. BZ A Revised 05/25/01 CASH 002726 RECEIPT Date In Received From l Address _ - 22 gg Lot sL HOW PAID XsACCOUNT V a AMT. OF ACCOUNT 4 CASH W AMT PAID CHECIF k- BALANCE "r '- MONEYORDER DUE CREDIT CARDH Xk'kA,". ',4U/0()5-6jq5 io_- Finance Dep-nitment E R--OM, Faren A. Cain, Office Assistant it SUBJECT: Retum. Of Sign Deposit !)LAJ Ll.-, October 22, 2002 The arno wit of $15-0.00 was deposited in line iteni, #3-010,.0191,10-000,8 for tho business named below as a deposit for three 5li,911S for Variance !applications 14-02, 15-02, and 16- 02 for lots 59, 61, and 63 of Glen Borror. They have now returned. the signs and are e therefore entitled to the return of their deposit. You may pay this through the regular bill cycle. Please send a cheek in the amount of $150.00 to: RSA/I,,ac JASBO, Inc. P.O. Box 480 Stephens City, VA 222655 107 North Kent gti eet .- W, inchester, VirgWa 22601-5600 COPY FILE COUNTY of FREDEflRICK Department of Planning and Development 5401665-5651 FAX: 540/665-6395 August 22, 2002 Mr. Darren Foltz Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: VARIANCES #14-02, #15-02, AND #16-02 FOR THE GLENN AND HATTIE BORROR LOTS Dear Mr. Foltz: This letter is to confirm that the above -referenced applications were approved by the Board of Zoning Appeals at their meeting on August 20, 2002. This approval was for the following requests: Variance #14-02: for a 25' front yard, 40' left side yard and 25' rear yard setback variance to enable the creation of a buildable lot. Variance #15-02: for a 25' front yard, 40' left and right side yard and 25' rear yard setback variance to enable the creation of a buildable lot. Variance #16-02: for a 25' front yard, 40' left and right side yard and 25' rear yard setback variance to enable the creation of a buildable lot. The properties are located at the northern intersection of White. Oak Road and Macedonia Church Road (Route 756) and identified with Property Identification Numbers 76-5-61; 76-5-59; 76-5-63A in the Shawnee Magisterial District. If you have any further questions regarding these approvals, do not hesitate to call. Sincerely, J R"%jl Patrick T. Davenport Zoning and Subdivision Administrator PTD/cih cc: Building Inspections Jim Petry, JASBO Glenn Borror O:\Agendas\BZA\APPR_DEN.LTR\Borror Lots.wpd 107 North Kent Street - Winchester, Virginia 22601-5000 0 • BZA REVIEW DATE: August 20, 2002 VARIANCE #14-02 GLENN AND HATTIE BORROR LOTS LOCATION: The property is located at the northern intersection of White Oak Road and Macedonia Church Road (Route 756). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 76-5-58; 76-5-59; 76-5-60 PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Residential ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Uses: Residential VARIANCE: 25-foot front yard, 40-foot left and right side yards and 25-foot rear yard setback variances to enable a buildable lot. REASON FOR VARIANCE: No buildable area using current RA setbacks on existing lots. STAFF COMMENTS: The subject property was subdivided March 24, 1947 as evidenced by the deed included in the agenda. Exhibit "A" illustrates the layout of the 10 remaining lots which are zoned RA (Rural Areas). The zoning ordinance [§ 165-55A(1)&(2)] specifies the setbacks for these lots as being 60' front and 50' for the sides and rear. Exhibit `B" is a proposed plat for boundary line adjustments which would consolidate the lots in the following manner. Existing lots 63A and 62 are to be consolidated into a new lot indicated as (new) Lot 63. Existing Lot 61 and a portion of Lot 60 are to be consolidated into (new) Lot 61. Existing Lot 59 and portions of Lot 60 and 58 are to be consolidated into (new) Lot 59. Existing Lots 54-57 and a portion of Lot 58 are to become consolidated into (new) Lot 55 which will contain the existing dwelling and frame shed. The variance requests are directly related to the proposed boundary line adjustments. The boundary line adjustments related to the existing dwelling is not a part of this variance request and can be administratively approved. Exhibit `B" also illustrates that due to the applicable RA setbacks, no buildable area exists on proposed Lot 59. 11 • Variance #14-02 Glenn and Hattie Borror - Lot 59 Page 2 August 7, 2002 Exhibit "C" is illustrating the proposed setbacks per the subject variance requests. The applicant is requesting the following variances for proposed Lot 59 to enable the construction of a single family dwelling on the property. Proposed Lot 59 is seeking: A twenty five (25') foot front yard setback variance, a forty (40') left and right side yards setback variances and a 25' rear yard setback variance. STAFF CONCLUSION: 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 approaching confiscation; 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. Strict application of the zoning ordinance in this case produces an undue hardship upon the applicant because given the applicable setbacks, dwellings cannot be constructed on the proposed lots without an approved variance (similar to the one requested). Other lots in the same zoning district have the same setback requirements but these lots are encumbered by current setbacks causing the properties to be unbuildable areas. Since two of the criteria specified in § 15.2-2309 are met, granting this variance as requested would be justified. 0AAgendas\BZA\Staff Report\2002\Borror Lots 14_02.wpd EXHIBIT A IRS � 1 Lot 63A 2 O � ~ o U � 41 � � Lot 62 2 — — -a-- W 4 Lot 61 �O N y — W ^ Lot 60 � N W ry ti 2 Lot 59 U Lot 269 Lot 58 Lot 56 N J FRAME SHED Lot 57 2 O O - N Lot 56 ti Us � p 1 - STORY BRICK W HOUSE W1 GWGE I Lot 55 En 4j W j N o 12 Lot 54 o — —W " _ *- LO, 54-6,/gy � `f3 Gre Zv/lcd I WN /p 60 0 60 2 o c' J I C v '--il. l5 l / �G CO ll'LI I T10415S GRAPHIC SCALE IN FEET FINAL BOUNDARY PLAT,' OF THE LAND OFTH OFpI GLENN M. BORROR & IMME 1? BORROR o �� LOTS 54 — 63A FUNKHOUSER LOTS (DB 199 Pg 516), SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA DARREN S. FOLTZ Na.002257 SCALE: 1 = 50' GREEN AP ENGINEERING 151 WINDY Hal LANE Engineers TINCHESTER, VA. 22602 � Surveyors TELEPHONE: (540) 662-4185 Founded in 1971 FAX: (540) 722-9528 www.greenweLyeng.com 2291 SHEET 1 OF 2 Exhibit "B" I � — — — — — — — — ✓7RE,�2 60, B� o N 50' BRL i 0 � W 1` 4; Z U U. W N VAR 94Q. I 61 Q W I o SIDE S&TBACKs � W 0L'eRt-AP $ f - — - I VR4- AEc. a LQ r I - 50' BRL I N L - --- XF. FRAME SHED 0 I ------- I I I^ " U W J I I ---W j STORY --LL� GARAGE IUD L-- - In N N W W f, O — — — W N . CX1STl/V6 SETMMKS PEA I N P,A Q,sfr,�f 60 o so � GRAPHIC SCALE (1A{ FEET) FINAL PLAT FOR 'BOUNDARY LINE ADJUSTMENT BETWEEN THE LANDS OF �",TH OF vt CLENN M. BORROR & HATTIE P. BORROR o LOTS 54 — 63A FUNKHOUSER LOTS (DB 199 P9 516) SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA UDARREN S. FOLTZ 9 SCALE: 1' - 50 No.00225� GREENWAY ENGINEERING Engineers —$ 151 WINDY HILL LANE PT iCHESTER, VA. 22602 SUR Surveyors TELEPHONE: (540) 662-4185 Founded in 1971 FAX: (540) 722-9528 w-ww.greenwayeng.com 2291 SHEET 3 OF 4 --------------- 2 N 0 U J W W ti N e o J � U) W cc W 10 ti N 0 e J U 2 O N U W � 41 I C4 N MATCHLINE SEE ti SHEET NO. 4 e ti o 2 Exhibit "C" Rum-FFICIGNcY RU FFEA r 10' BRL 61 IS-o2 ml I BRL f10' BRL l5s 1,a-Gz L10' BRL I —I 50' BRL L J--X FRAME SHED — 1 55 EX. 1I STORY BRICK HOUSE W/ GARAGE L50' BRL *pAcPesE13 sue; FRcKs Cc N y PAR UARrAcE RcauesTsoww W n V a I Lot 53 GRAPHIC SCALE (IN F ET) FINAL PLAT FOR BOUNDARY LINE ADJUSTMENTH OF BETWEEN THE LANDS OF CLENN M. BORROR & HATTIE P. BORROR o LOTS 54 — 63A FUNKHOUSER LOTS (DB 199 Pg 516) SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA UDARREN S. FOLTZ SCALE: 1' = 50' 1 DATE: NNE 13, 2002 No.002257 n GREENWAYYENIJAM GINEERING Engineers WINCHESTSTER, VA. 22602 q� � Surveyors TELEPHONE: (540) 662-4185 `S rA%: (540) 722-9528 Founded in 1991 www.greenwayeng.com 2291 SHEET 3 OF 4 10 0 Page I of s APPLICATION FOR VARIANCE I Ju►_ r N THE COUNTY OF FREDERICK, VIRGINIA MIDST BE TYPED'OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner other Z. (Check one) 2. APPLICANT: NAME : D''ifUL60 ADDRESS C`_i g:- �U TELEPHONE: OCCUPANT: (if different) NAME: 6 L-c�,i K e C, (Z-f t- C (,-, - ADDRESS: 1R73 MAC:, QojiA 00 RO-40 u-41Tf PasT �Idr 2Z TELEPHONE: ?j(o " Z 9 7-/1- 3. The property is located at (give exact directions and include State Route numbers): Njk:aT N -)Tt�1.,cL'nv1-i 64 Vim! t11 TC-- l KVP -- hA- A-t.ti- L r.; N c 4Q ac k- (Cz-TE '% 5 b 4. The property has a road frontage of 8b.c1 feet and a depth ofc` feet and consists of _acres. (please be exact) 5. The property is owned by as evidenced by deed from F1'(,)L44CA,)S``fZ recorded q (previous owner) in deed book no. I on page 514 of the deed books of the Clerk of the Court for Frederick County. Attach a copy of the deed. Page 2 of 5 6 . Magisterial District: l-1 �•9 t� 7. 14-Digit Property Identification No.: -76 ® 5 — 65 A 8. The existing zoning of the.property is:. {� 9. The existing use of the property is:_ V V5 i V��fi, rci.... lo. Adjoining Property: RU ZONING North (� i1+u (L.C-fir /�- East vAC4k+.3'T— RA - South ZtZ5 ► rZ #,JT i Ai.- West �� iiTiriz p 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.") qO StDC- tf 1 � \i✓tflcAN 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 13.1..Additional comments, if any Glenn Borror Lots - Variai ADJOINING PROPERTY OWNERS Macedonia Cemetery Association 76-A-31A 1941 Macedonia Church Rd Gary E. Whitacre JENI Company Michael B. McDonald (DBA Cornerstone) Shoemaker Construction, Inc. Ronnie A. McDonald (DBA Ram Construction) Michael C. Schuelen (DBA MS Construction) Property ID: Glenn & Hattie Borror Submitted by Darren Foltz Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 76-A-34 76-A-49 76B-1-4-266 76B-1-4-267 76B-1-4-268, 270&25 7611-1-4-269 7613-1-4-272 76-5-63A, 76-5-59, 76-5-61 1E Page 5 of 5 AGREEMENT VARIANCE # 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 APPLICAN' TE '� )l/00-1 SIGNATURE OF OWNER DATE (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF OQU. ACTION: - ATE- L/ APPROVAL SIGNED: r (-)--9 ZA CHAIRMAN DENIAL DATE: Q � I,- I ( Z A 61 55 -54 C UC -��" CC) Aj t RZO /DoSz-�) 0 E DRUG/KG IVIRGINIA FREDERICK COUNTY, (SCT. RICHARD U. GOODE er i ie urveyor This instrument of writing was produced to we on the 26th of Mar. 1947 at 3:15 P.M. and with certificate of acknowledgment thereto annexed was admitted to record. #ih'EiHFiF#iF iEiF iFiFiEiE :FiSiFiFaF##iFiFiEiE � o 400 JOES Ii. SMOOT ET ALS iE y 71 GLENN �1 f . � BORRORD iE /7/s7l 'I71IS DEED made and dated this 24th, day of March, 1947, by and between James II. Smoot, Carrie -Smoot, his wife, and Jesse L. Smoot sin gle, e, all parties of the first part, Glenn M. Uorror, party of the second part, E. Edwards, Trustee, party of the third part and J. H. runkhouser, par ty ty of the fourth part. WITNESSETII: That for and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid, and other good and valuable consideration, the re- ceipt of all of which is hereby acknowledged, and in further consideration of the exe- cution and delivery by the party of the second art to the ie parties of the first part of a certain deferred purchase money bond bearing even date herewith in the principal sum f 'Three Hundred Dollars ($300.00) payable six months after date, and bearing interest fror date at the rate of"51. per annum, and to be secured by a deed of trust on the within co - veyed property to be executed and recorded contemporaneously with this deed, and as a part of the same transaction, the parties of the first part 40 hereby grant, sell, and convey, with general warranty of title, unto the party of then second part, his heirs an assigns forever, a certain tract or parcel of land, containing 6.29 acres, more or IS ss lying and being situate along the+l:estern side of the Macedonia Church Road about 51 mi es Southeast of Linchester in Opequon District, Frederick County, Virginia, and being a poi- tion of that certain larger tract or parcel of land which was conveyed to the said parties of the first part• �y J. II. Funkhouser and wife, by deed dated October 16, 1946, and of e- cord in.the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book Ilo. 198, page 7. A plat of the within conveyed land which has been divided into lots Nos. 41 to 65 inclusive, made by J. James Skinner, aurveyor, is attached to, and b this reference incorporated in this deed. The said ti., 1s. Ed►;,rr35, 'I'rn �t 0• me /� s evidenced by the said J. H. lunkhouser uniting in this deed, joins in this deed for the purpose of releasing, and does hereby release the within conveyed land from the lien of that certain deed of trust from the said parties of the first part to the said L'. E. Edwards, Trustee, dated October 16, 1946, and of record in the aforesaid Glerk's Office in Deed Book No. 198, page 9. 7+itness the following, signatures and seals. Witness to ]Mark Virginia Ritter iF f**iH'h%iFiFiFi-iF iF###iHHf* REVENUE STAI.IPS iF $1.10 SF CANCELLED iF itiSiFiFiFiiiF:FiFiF#iFiF iF###iFiF# tate of Virginia County of Frederick, to -wit: JAITES 11. SMOOT ( SEAL) her CAtRIE (X) SMOOT MAL) mar JESSE L. SMOOT (SEAL) E. E ll�:ARDS MIL) rus tee J. E. H IIKI10USER (SEAL) I, Virginia Ritter, a notary public in and for the County of Frederick, in the State of Virginia, do hereby certify that James 1I. Smoot, Carries Smoo JesseL. Smoot, L. E. Edwards, Trustee and J. 11. Funkhouser, whose names are signed to the foregoing writing bearing date of March 24th, 1947, have personally appeared before in my county aforesaid, and acknowledged the same. Given under my hand this 26th, day of March, 1947. My commission expires March 24, 1948. VIRGIN IA RITTER No tar-' y Publ i (See next page for plat.) �1 DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY, VIRGINIA w E GIS, MAPPING, GRAPHICS WORD REQUEST S DATE RECEIVED: REQUESTED COMPLETION DATE: REQUESTING AGENT: Department, Agency, or Company:_ Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROJECT: r Ir FAX: D�jESCRIPTION OF REQUEST: (Write additional information on back of request) / J/] VAR 114-02 j CCC777 ��/ IIIVVV Glenn Borror Lots A/ l ( �nV 5 P.I.N. 176-5-63A DIGITAL: PAPER: FAX: E-MAIL: SIZES: COLOR: BLACK/WHITE: NUMBER OF COPIES: STAFF MEMBER: COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: HOURS REQUIRED: AMOUNT PAID: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) VARIANCES 14-02, 15-02,16-02 These are separate variances but are being presented as one presentation. Obviously, separate votes are required for each variance. The subject property was subdivided March 24, 1947 as evidenced by the deed included in the agenda. Exhibit "A" illustrates the layout of the 10 remaining lots which are zoned RA (Rural Areas). The zoning ordinance [§ 165-55A(1)&(2)] specifies the setbacks for these lots as being 60' front and 50' for the sides and rear. Exhibit `B" is a proposed plat for boundary line adjustments which would consolidate the lots in the following manner. Existing lots 63A and 62 are to be consolidated into a new lot indicated as (new) Lot 63. Existing Lot 61 and a portion of Lot 60 are to be consolidated into (new) Lot 61. Existing Lot 59 and portions of Lot 60 and 58 are to be consolidated into (new) Lot 59. Existing Lots 54-57 and a portion of Lot 58 are to become consolidated into (new) Lot 55 which will contain the existing dwelling and frame shed. The variance requests are directly related to the proposed boundary line adjustments and are pending the approval of the requested variances. The boundary line adjustments related to the existing dwelling are not a part of this variance request and can be administratively approved. Exhibit `B" also illustrates that due to the applicable RA setbacks, no buildable area exists on proposed Lots 59, 61 and 63. Exhibit "C" is illustrating the proposed setbacks per the subject variance requests. The applicant is requesting the following variances for the proposed Lots to enable the construction of a single family dwellings on each of the three consolidated properties. Proposed Lot 59 is seeking: A twenty five (25') foot front yard setback variance, a forty (40') left and right side yards setback variances and a 25' rear yard setback variance. Proposed Lot 61 is seeking: A twenty five (25') foot front yard setback variance, a 40' left and right side yards setback variance and a 25' rear yard setback variance. Proposed Lot 63 is seeking: A twenty five (25') foot front yard setback variance, a forty (40') left side yard setback variance and a 25' rear yard setback variance. STAFF CONCLUSION: 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 approaching confiscation; 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. Strict application of the zoning ordinance in this case produces an undue hardship upon the applicant because given the applicable setbacks, dwellings cannot be constructed on the proposed lots without an approved variance (similar to the one requested). Other lots in the same zoning district have the same setback requirements but these lots are encumbered by current setbacks causing the properties to have unbuildable areas. Since two of the criteria specified in § 15.2-2309 are met, granting this variance as requested would be justified.