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HomeMy WebLinkAbout04-12 Burnt Factory UMC - Stonewall - BackfileBOARD OF ZONING APPEALS Variance Request Tracking Sheet OPEN FILE: (all-) File opened Reference Manual updated/number assigned D-base updated /I,-)- Location maps requested from Mapping Adjoiner list given to Planner 3 I Application Action Summary updated MEETING DATE: 2-21//oL FINAL ACTION: CLOSE FILE: Approval (or denial) letter mailed to applicant/copy made for file & cc's IF File stamped "approved", "denied" or "withdrawn" /.1 Reference Manual updated Z D-base updated Application Action Summary updated Sys ID # 1-0 Y � m o m N m ° � Y C o f0 O aJ E O � � � • � O � N N C > Q O y; lf1 II Y l0 IfRl�l Y v tD k.D O 0 >c Ln LL a 1 > 0 c av E ., c O- E O N CL kD 0 O N Y � N � � > rH N O O Y i � Y �I1 •L .UP Y lD ui c Z u tD \-0 C r, C O LE Lr) DAT�� N°• 124592 RECEIVED FROM ADDRFlSS` / D, LLARS $ �`. N ❑FOR N1 �, 1�; r FOR AMT. OF CASH ACCOUNT AMT. PAID ���� `7�> I -- CHECK p t' BALANCE I MONEY ORDER \ ( 1 �:'.7 '. BY y--_— Sri` •'\ _____ DUE "° 124591 RECEIVED FROM I L ` �D RESS���y ��� � 7�S��I` sV�`.,•-�sl; "Yl {�' 1 ":)Ik,: l DOLLARS $ 0,' ❑ FOR RENT !� ❑ FOR ACCOUNT HQW PAID AMT. OF ACCOUNT I CASH AMT. PAID Hm'_ CHECK _ BALANCE DUE MONEY ORDER BY--�_ COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 August 22, 2012 Trustees of Burnt Factory UMC 1943 Jordan Springs Road Stephenson, VA 22656 RE: VARIANCE REQUEST #04-12 Dear Trustees: This letter is to confirm that the above -referenced variance application was approved by the Board of Zoning Appeals at their meeting on August 21, 2012. The request on parcel identified by Property Identification Number 56-A-8 was approved by the BZA to allow a 52 foot front yard variance, resulting in an 8 foot front yard setback, and a 75 foot right side variance, resulting in a 25 foot right side setback. The property is located at 1943 Jordan Springs Road (Route 664), in the Stonewall Magisterial District. If you have any questions regarding this action, please feel free to call this office. Sincerely, XMarZx R. Cheran Zoning Administrator MRC/bad cc: Charles S. DeHaven, Jr., Stonewall District Supervisor Gary Oates and Stan Crockett, Stonewall District Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue John Trenary, Building Official 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 MEMORANDUM TO: Finance Department FROM: Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: August 22, 2012 The amount of $50.00 was deposited in line item #3-010-019110-0008 for the Burnt Factory United Methodist Church. The church had a deposit for one sign for a Variance #04-12. The church has returned the sign and is therefore entitled to the return of the deposit. The address is listed below. You may pay this through the regular bill cycle. Please send a check in the amount of $50.00 to: Burnt Factory United Methodist Church P.O. Box 399 Stephenson, VA 22656 RSA/pd M 107 North Kent Street, Suite 202 Winchester,- Virginia 22601-5000 y�� _ - TV - r- ..- An- s; H30ao �'-`r------ + A3N0PJ 30NVIve 3000 "BHO QIVd'1WH J — HSV3 I IWDOOH f d01Wtl a', $ / (J 1N FiOd[] A' J ! dt O �V,�-� w ^� — °U AK303a y. TREASURER 'STREET _ 1 nline Payments :.COM .MBER endLicense ' tax due Due f Real Estate Sanitary District Street Light Star Fort Dec. 5 Second Half Taxes Due Personal Property Real Estate J. Sanitary District t Street Light Star Fort f Dog tags renew upon expiration of rabies certification. Other due dates as billed by the Commissioner of the Revenue's Office. r Mailing Address Frederick County Treasurer r P.O. Box 225 I Winchester, VA 22604--0225 (540)665-5607 5 E-mail Address E 00' 00'OS 00' 00' 0o'OS 00.0S ZZOZ/9 HZNOYI..aH n2iHL ISHHHLNi/XIgVNHd SaumDNI SLla HDNVgVEI SMIUVA # 00' 09TV x a zT/£i/9 mawcib'IaAaa 9 JNINNK'Id Aq pd $ anu aouMZVS* $ pTed,:'-4unouc $ aou2c snow #goov S60T # -4daa ZL£ZO # 'sII».zy Tom+/FW :-Ta1sT5ag ZTOZ/£T/9 a-4Ea TOOOTL90000:# ga}[oTL n LJ FREDERICK KENT STREET TREASURER 107 NORT SUITE 100 ine For Tax InformatD pOX]COMa ments WWW DATES TO REMEMBER Business Equipment/License Mar. 1 Must be filed Business License tax due Jun e 5 1 First Half Taxes Due Junpersonal Property Real Estate Sanitary District • Street Light Star Fort Dec. 5 Second Half Taxes Due Personal Property Real Estate Sanitary District Street Light Star Fort Dog tags renew upon expiration of rabies certificatio Other due dates as billed by the Commissioner of th' Revenue's Office. Mal= ddress Frederick County Treasurer P.O. Box 225 0225 Winchester' VA 56604-- VARIANCE APPLICATION #04-12 BURNT FACTORY UNITED METHODIST CHURCH Staff Report for the Board of Zoning Appeals Prepared: July 30, 2012 Staff Contact: Dana M. Johnston, 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: August 21, 2012 — Pending LOCATION: 1943 Jordan Springs Road (Route 664). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 56-A-8 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) Land Use: Church and Cemetery ADJOINING PROPERTY ZONING & USE: North: Rural Areas (RA) Use: Residential South: Rural Areas (RA) Use: Residential East: Rural Areas (RA) Use: Residential West: Rural Areas (RA) Use: Residential VARIANCE REQUESTED: The applicant is requesting a 52 foot front yard variance resulting in an 8 foot front yard setback, and a 75 foot right side variance resulting in a 25 foot right side setback, for a church addition. REASON FOR VARIANCE: The Church cannot expand their building because to the north, there is an existing cemetery, to the east the existing side yard is already less than the required 100 foot building restriction line and an existing well is located there, and to the west there is an existing fellowship hall building, parking lot and existing septic system. 0 0 Variance Application #04-12 — Burnt Factory United Methodist Church July 30, 2012 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 feet for the front and 15 feet for the side yards. Frederick County amended its Ordinance in 1989 and 2009 to change the A-2 zoning districts to the current RA (Rural Areas) Zoning District, making the current setbacks for the property 60 feet to the fiont, 100 feet to the right and 50 feet to the rear and left side. Based on the Commissioner of Revenue records this church was built in 1926, predating any zoning laws or regulations, therefore, this building would be considered non -conforming to the current RA (Rural Areas) setbacks. The Church currently encroaches upon the minimum 60 foot front setback and the minimum 100 foot right side setback. This variance request is to allow an expansion of the Fellowship Hall and Sanctuary. The proposed addition would be constructed in front of the existing church and would remain flush with existing walls of the Church on the left and right sides. The closest distance to which the addition is being proposed would be approximately eight (8) feet to the front property line and a distance of approximately twenty-five (25) feet from the right property line. The reasoning behind the location of the proposed addition is due to the existing cemetery to the north, the existing parking lot and septic to the west, and the existing well and location of existing wall of Church to the east. The Health ,Department had concerns that the current drainfield would not accommodate the expansion of the Fellowship Hall and Sanctuary. Based on the percentage of people and potential water usage, the property owner would be responsible for upgrading the current drainfield to the Health Department's regulations and satisfaction. This variance, if granted would result in an 8 foot building restriction line for the front, and a 25 foot building restriction line for the right side. STAFF CONCLUSIONS FOR THE AUGUST 21, 2012 MEETING: The Code of Virginia 15.2-2309 (2), states that no variance shall be granted unless the application can meet the following requirements: 1) The strict application of the Ordinance will produce an undue hardship. 2) The hardship is not generally shared by the properties in the same zoning district and vicinity. 3) That the authorization of such variance will not be a substantial detriment to the adjacent property and the character of the district will not be changed by the variance. rj e 4 I •(. sA VAR04i2 �P. OApplications Q Parcels Building Footprints B1 (Business, Neighborhood District) B2 (Business, General Distrist) 133 (Business, Industrial Transition District) - EM (Extractive Manufacturing District) _ HE (Higher Education District) M1 (Industrial, Light District) M2 (Industrial, General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) k, qAr TV — Note: VAR # 04 - 12 Frederick County Dept of Burnt Facto UMC Planning Developments Factory 107 N Kentt St PINS: Suite 202 56 - A - 8 Winchester, VA 22601 Front and Side Yard 540 - 665 - 5651 Variance Map Created: June 14, 2012 Staff: djohnston 0 75 150 300 Feet APPLICATION FOR VARIANCE FREDERICK COUNTY, VIRGINIA -OFFICE USE ONLY- / Variance Application # — J_ Submittal Deadline �/a a / z Submittal Date "J / 1 For the BZA Meeting of g �_Ihz Fee Amount Paid Od Initials: Receipt # Sign Deposit Paid - B© MUST BE TYPED OR FILLED OUT IN INK — PLEASE PRINT 1. The applicant is the owner Iy l other F-1 . (Check one) Please list all owners, occupants (adult individuals as well as any entities occupying the property), or parties in interest of the property. 2. APPLICANT: OCCUPANT: (if different) Trustees of Burnt Factory Trustees of Burnt Factory NAME: United Methodist Church NAME: United Methodist Church ADDRESS: 1943 Jordan Springs Rd ADDRESS: 1943 Jordan Springs Rd Stephenson, VA 22656 Stephenson, VA 22656 TELEPHONE: (540) 667-4993 TELEPHONE: (540) 667-4993 3. The property is located at (give exact directions and include State Route Numbers): From VA Route 7 East, turn left onto Woods Mill Rd / State Route 660, turn right onto Pine Rd / State Route 661, continue onto Burnt Factory Rd / State Route 659, then turn slight left onto Jordan Springs Rd / State Route 664, the Church is on the Right. 4. The property has a road frontage of 190' feet and a depth of 194' feet and consists of 1.13 acres (please be exact). 5. The property is owned by Trustees of Burnt Factory United Methodist Church as evidenced by deed from Anna V. Hott, Widow recorded (previous owner) in deed book no. 327 on page 369 or instrument number N/A of the deed books of the Clerk 7 • �* 0 of the Court for Frederick County. Please attach a copy of the recorded deed. Magisterial District: Stonewall 7. Property Identification Number (P.I.N.): 56-A-8 The existing zoning of the property is: RA 9. The existing use of the property is: church 10. Adjoining Property: USE North Single Family Residential East Single Family Residential South Single Family Residential West Single Family Residential ZONING RA RA RA 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 front yard variance from 60' to 8.90' and a side yard variance from 100' to 25.97' for a proposed church addition to the sanctuary and fellowship hall. 12. List specific reason(s) why the variance is being sought in terms of, such as: ►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 The church needs to be expanded and cannot go to the north due to an existing cemetary, to the east due to the existing side yard which is already less than the required 1 00'and the existing well, or to the west due to the existing fellowship hall building and parking lot and the existing septic system. 13. Additional comments, if any: This was discussed on numerous occasions over the course of several years with Frederick County employees and had been verbally agreed upon at an earlier date. We are processing this variance to get in writing the verbal approval that was obtained by the County years ago, but never processed. 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 and Property Identifieation Number Address NameSmith, Agnes F and Kim 1981 Jordan Springs Rd Stephenson VA, 22656 Property#56-A-6G NameJohnson, Lillian 566 Burnt Factory Rd Stephenson VA, 22656 Property # 56-A-9 NameMcGinnis, Carol Sue 1934 Jordan Springs Rd Stephenson VA, 22656 Property # 56-A-7C NameElkins, William B and Donna B 1897 Jordan Springs Rd Stephenson VA, 22656 Property # 56-A-6D Name Property # Name Property # Name Property # Name Property # E * 0 0,0 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. 10 56-A-1C �INIS, CAROL SUE !CNING: RA EX.HOUSE J I , 1� I I EX. SHED �\ L J HUR S1 5UFNT >=AGT�. \ 44.15 L ROUTE ---J_—\ GRAVEL \ JOHNSON, LILLIAN \ ZONING: RA I I I I I I VISITOR 5526' I� a XMSEPTIC TANIK W HG II 49.93, J STORY iI BRICK J IIII,v,_�'11� HURGN I =52628 -----i I EX. BL 56-A-6C BURNT FACTORY UNITED I METHODI5T CHURCH ZONING: RA 1 ASPHALT 1 1 56-A-5 1 BURNT FACTORY UNITED 1 METHODIST CHURCH ZONING: RA 1 1 EX. E.P. EX. IDm' SIDE YARD CEMETERY WHi i t 56-A-66 `- WOOL) PICKET SMITH, AGNE5 F t KIM RAIL 30 0 30 FENCE ZONING: RA FENCE GR4PHIC SCALE (IN FEET) GROUND LIGHTS 0 a EX. GARAGE I Wawa W [ v d y o W W OC c7 e h y�e d E� Ww� _ U H L g oW' O U) D_ U E Z W 0 Z U O U U z = w w0 a N LL cr- DATE 05/25/2012 SCALE: 1' =30' DESIGNED BY: DEY JOB NO. 0062 sHnff 1 or 2 •0 •0 AGREEMENT VARIANCE # Eb 4 - jZ. (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 1rior 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 herei:,F the best of my knowledge, true. SIGNATURE OF APPLICANT DATE A,,c,e_ 7 024 � Z SIGNATURE OF OWNER (if other than applicant) DATE -OFFICE USE ONLY- BZA PUBLIC HEARING OF / % �. ACTION: -DATE- APPROVAL DEN SIGNED: BZA CHAIRMAN DATE: 2/-j� 00 • • BURNT FACTORY UNITED METHODIST CHURCH BUILDING EXPANSION APPLICATION FOR VARIANCE The purpose of this document is to show detailed justifications for Burnt Factory United Methodist Church (BFUMC) in asking for a variance of the front and side yard setbacks required in the Frederick County, VA Zoning Ordinance. BFUMC would like to expand the sanctuary and fellowship hall of the church, due to an overwhelming increase in regular attendance of regular worship, Sunday school, and special events. The need is to increase the building SF of the sanctuary, fellowship hall, and the basement areas underneath these areas that are currently used for classrooms, offices, storage, bathrooms, and a nursery. The following report will illustrate the specific reasons that expanding the church in any other direction expect towards the existing road would not be feasible. •0 0• East of the Existing Church This area is made up of the existing parking lot and cemetery. The cemetery cannot be moved and any building expansion in the existing parking lot would encroach on parking that is currently necessary for the church uses. Photo #1 Existing Cemetery Photo #2 Existing East Parking Lot 0 • • • North of the Existing Church This area is made up of the existing parking lot and septic system. Expanding in this direction would require moving the septic system, which would incur great costs to the church. Also, expanding into the parking lot would encroach on parking that is necessary for the church uses. Also, this expansion would not allow the church to add on to the Sanctuary, which is necessary for any expansion. Photo #3 Existing Septic System Photo #4 Existing North Parking Lot • • 0 • South of the Existing Church This area is made up of the existing well, and the existing sanctuary is approximately 26' from the property line. Expanding in this direction would require moving the well and drilling a new one, which would incur great costs to the church. Also, expanding the sanctuary in this direction would require a waiver also, and would not gain the church the needed SF of sanctuary space. Photo #5 Existing Well Photo #6 Existing South Property Line West of the Existing Church This area is where the church would like to expand. Currently this area is made up of the existing stairs and walkways from the church building, an existing overhead electric line, and the church sign. The existing sanctuary is 44' from the property line along existing Jordan Springs Road Route 664. The existing fellowship hall is 55' from this property line. Expanding in this direction will not negatively impact any adjacent owners or have an adverse impact on the church site. Photo #7 Front of the Church Photo #8 Front Yard of the Church 56-A-IC NIS, CAROL SUE 'ONING: RA I 2-24' RCf I Il I I --�- EX.HOUSE ( I I I I � \ EX. SHED �\ / gU�IT F O_R"��"- / \ ROUTE 659 \ GRAVEL I li 56-A-9 I I' JOHNSON, LILLIAN ZONING: RA I I I I I I I AD SEPTIC Lu TANK VISITOR —HC Em I II STORY I� I BRICK HURCH =52628 56-A=6C I BURNT FACTORY UNITED METHODIST CHURCH I ZONING: RA 1 ,I ASPHALT 1 1 56-A-8 1 BURNT FACTORY UNITED 1 METHODIST CHURCH ZONING: RA 1 EX. E.P. I EX. 100' SIDE YARD •-7JEILDJ EX. WELL WHITE 56-A-6G PICKET SMITH, AGNES F a KIM FENCE ZONING: RA CEMETERY WOOD RAIL 30 0 30 FENCE GRAPHIC SCALE (IN FEET) GROUND F LIGHTS IEX. GARAGE Z oc Lu CNv C N N is Z b j�, Lu Z [: W W Inc C5 2 U � F Z � w goo ow W > gg�x Ozu� 00 m99 Q U) LL cr— DATE 055/25/2012 I scAIE 1"=30' 1 DESIGNED BY: DEY JOB NO. 0062 SNEET 2 Of 2 36 • ''2411 ANNA V. HOT^_' TO DEED RICHARD L,. BRONIL:y, ET AL, TRS. i THIS DEED is made and dated this_ZA;�day of November, 1966, between Anna V. Hott, widow, party of the first part, and Richard L. Bromley,Harvey N. Feltner,! Harvey L. Fishpaw, Olen E. Grove, R. R. Duvall, and Guy K. McDonald, Trustees of Burnt Factory Methodist Church, parties of the second part. WI-ER.EAS, a plot of land containing approximately one-fourth acre was conveyed to the then Trustees of Burnt Factory Church, now designated as Burnt Factory Methodist Church, by deed of David Hensell et al, Trustees, dated February 10, 1902 and recorded in Deed Book 122, page 511 in the Clerk's Office of the Circuit Court of Frederick County, Virginia; WHrREAS, the said Burnt Factory Methodist Church, its Trustees, and its congregation have been using and adversely occupying more land than the approximately one-fourth (a) acre conveyed in the aforesaid deed; WI-CREAS, Anna V. Hott is now the owner of all of the land surrounding the original one-fourth (4) acre plot with the exception of that part which is bordered by Virginia Secondary Routes; and WHEREAS, the above Trustees of the Burnt Factory Methodist Church were duly appointed by an order entered in the Circuit Court of Frederick County, Virginia on August 3, 1966 and recorded in Chancery Order Book 42, page 495 of the Clerk's Office of the Circuit Court of Frederick County, Virginia. Na-., THEREFORE, WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid, and other ¢. ¢0081¢ OONTYII A"LTORNEY AT LAW WENT 804CA.¢N.T. good and valuable consideration, the receipt of all of which is WI140II6YTit, Yam. hereby acknowledged, the party of the first part has remised, BUN 3'2 % M, bg Oased, and forever quitclaimed, by these presents does remise, release, and forever quitclaim unto the parties of the second part, and their successors in office, all right, title, and interest whatsoever, both at law and in equity, she may have in or to the following real estate in°Stonewall magisterial District of Frederick County, Virginia: a certain lot or parcel of land, with all improvements thereon and all appurtenances thereunto belonging fronting the Eastern boundary line of State Secondary Route 644, at its intersection with State Secondary Route 650, -Beginning at an iron nin in the Eastern Boundary Line of Route 644, a corner to the Retained Portion, running with the three following East- ern Boundary Lines, with the ARC Line 80.45 ft. (Chord Line S 29 Degrees 30' E - 89.14 ft.) to an iron pin; thence S 21 Degrees E - 37.77 ft. to an iron pin; thence with the ARC Line 63.72 ft. (Chord Line S 28 Decrees E - 63.56 ft.) to an iron pin corner to the Other Land; thence with the three following lines of the said Other Land N 57 Degrees 441 2411 E - 260.78 ft. to a post; thence N 33 Degrees 09' W - 190.00 ft. to an iron pin; thence S 57 Degrees 37' 22" W - 250.44 ft. to the beginning, containing 1.126 acres," as Particularly described by a plat and survey of Lee A. Ebert, Certified Land Surveyor, dated September 28, 1066, attached hereto and Prayed to be read as a part hereof. The party of the first part covenants that she has done no =� act to encumber the said land in reference to which she has executed this quitclaim deed. W ITNBSS the following signature and seal the date first above a.aooava avxTsa ATTORNEY AT Lw t wriT BOSCAWcx 8T. written. wINCRESTM. Vim. _ "dZ /�rG"�'1 (SEAL) Anna V. Hott STATE OF V IRG IN IA COUNTY OF FREDERICK, to -wit: I, - �� �/�ii.,� /ol , a Notary Public in and for the State and County aforesaid, do hereby certify that Anna V. }iott, whose name is signed to the foregoing Deed, bearing date of November, 1966, has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of November,, 1966. MY Commission expires Notyiry public r A buoy 31,- i ihCE IJ ert;. OTHER LAND 557037'2 W—250.44 W \ I lu 1.126 ACRES o M W j, n ROUTE 659 'I LIMON OJ =u -PIN P.T. O C N 0 0 p O 4? ,%'' — c 1 p �JP Q QC h o W `s a F. o Z N 57 044' 24" E — 269.78' W OTHER LAND H 0 Tie above Plat is a Survey of the Land that has boom convoyod to, and additional Land about to be conveyed to The Burnt Faotor7 riothodiat Church, The said Land fronts the Eastern Boundary Lines of Route 644, at its, intersection with Route 659, and lies in Stonewall District, Frederiok County, Virginia: Beginning at an iron piZ in tho Eastern Boundary Ling of Routo 64# a cornar to the Retained Portion, running with the three following East- ern Boundary Lines,, with the ARC Line 89.45 fta (Chord Lino 3 G90 30t R - 69•14 tto) to an iron pinj thonoo 3 210 E-.37a77 =te to an iron pin; thenoa with the ARC Line 63o72 fto (Chord Line S 280 E - 63056 ft,) to an iron pin corner to the Other Landj thence with the three following linos of the said Other Land R 570 441 24" E - 269a78 ft, to a port; thence N 33c 09, w - 190,00 ft, to an iron pin; thcnco S 570 y71 224 'd 250944 ft. to the beginning, Containing - - 1a126 Acres, _�?9 121 L A. E=Ts Surveyed - - - September 28, 19660 CortiSied Land Survo or COMM- of Virginia # 484,, VIRGINIA FREDERICK COUNTY, SCT. Th Irwry wrftin0 was produced to me on the �Lday of of ; and with c/e�rtificate f//Aackno led omont�thereto �annexed was admitted to record, =.L_O ��Y ;x _ . �t"Y�" - �- GREENWAY ENGINEERING 151 Windy Hill Lane Founded in 1971 Winchester, Virginia 22602 TRANSMITTAL Project Name: Burnt Factory United Methodist Church File No: 0062 Date: Mon, Jun 11, 2012 To: Frederick County Department of Planning and Development 107 North Kent St. Winchester, VA 22601 Attn: Board of Zoniniz Appeals Copied Chuck Thomas, BFUMC Delivery: ❑ Fed Ex ❑ U.S. Mail ❑ Other From: Dan Murphy GREENWAY ENGINEERING Phone: 540-662-4185 Fax: 540-722-9528 L Courier ❑i! Pick Up ❑ Urgent 0 For Your Review ❑ As You Requested ❑ Please Comment Message Please find the following for your review in regard to Board of Zoning Appeals Variance Application: -1 signed Variance application -1 Fee Check of $400 -1 Fee Check of $50 -1 Existing Conditions Plan -1 Proposed Expansion Plan -1 Variance Application Report -1 Copy of deed for applicable property Please call if any additional information is needed. Hand Delivery and Pick Ups Only: Received by: Date: Please Print Name: { GREENWAY ENGINEERING 151 Windy Hill Lane Founded in 1971 Winchester, Virginia 22602 TRANSMITTAL Project Name: Burnt Factory United Methodist Church File No: 0062 Date: Mon, Jun 11, 2012 To: Frederick County Department of Planning and Development 107 North Kent St. Winchester, VA 22601 From: Dan Murphy Attn: Board of Zoninp, Appeals GREENWAY ENGINEERING Copied Chuck Thomas, BFUMC Phone: 540-662-4185 Fax: 540-722-9528 Delivery: ❑ Fed Ex ❑ U.S. Mail [41 Courier ❑ Pick Up ❑ Other Urgent [ , For Your Review [-1AsYou Requested ❑Please Comment Message Please find the following for your review in regard to Board of Zoning Appeals Variance Application: -1 signed Variance application A Fee Check of $400 -1 Fee Check of $50 -1 Existing Conditions Plan -1 Proposed Expansion Plan -1 Variance Application Report -1 Copy of deed for applicable property Please call if any additional information is needed. Hand Delivery and Pick Ups Only: I Received by: Date: Please Print Name: - '.. JUN 1 1 2012 bocument ApprOV21 Form FREDER`CK COi} p ENT l- PUESSE REVSW TBE ATTACHED DOCUMENT. IF TES DOCLNEN T MEETS. YOUR APPROVAL PLEASE Il!IITIAL AND PROVIDE THE DATE AND TDa OF YOUR APPROVAL nrl= DO£SNOTjZE"l YOURAMloF'AL PLF,4MPROVME COCAS TO WHAT YOU WOULD LDX TO HAVE COWLETED�. Rec.vcd by clerical Sty (Date &Time): U:1P23nlCommonApproval FctnLwpd COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING August 7, 2012 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST 404-12 OF BURNT FACTORY UNITED METHODIST CHURCH On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, August 21, 2012, at 3:25 p.m., in the Board Room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. Variance Request #04-12 of Burnt Factory United Methodist Church, submitted by Greenway Engineering, for a 51 foot front variance, resulting in a 9 foot fiont setback, and a 74 foot left side variance, resulting in a 26 foot left side setback, for a church addition. This property is located at 1943 Jordan Springs Road (Route 664) and is identified with Property Identification Number 56-A-8 in the Stonewall Magisterial District. Any interested parties may attend this meeting. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Dtment of Planning and Development located at 107 North Kent Street in Winchester, Virginia. 11 M. Johnsto g Inspector DMJ/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: 56 - A- - 8- BURNT FACTORY METHODIST CHURCH David L. Ash, County Administrator CIO M M HENDRIX 101 Chalmers Court, Ste. B 30 WILKINS OR Berryville, VA 22611 J WINCHESTER VA 22601 f 56 - A- - 6-G Greenway Engineering SMITH AGNES F 151 Windy Hill Lane SMITH KIM Winchester, VA 22602 1981 JORDAN SPRINGS RD STEPHENSON VA 22656.2116 56 -A- 9- 1 JOHNSON LILLIAN 566 BURNT FACTORY RD STEPHENSON VA 22656-2204 56 - A- . 7-C MCGINNIS CAROL SUE I 1934 JORDAN SPRINGS RD STEPHENSON VA 22656.2111 56 A- - 6-0 - ELKINS WILLIAM B � ELKINS DONNA B 1897 JORDAN SPRINGS RD STEPHENSON VA 22656.2115 1 Carey & Joy Lokey 195 Wrights Mill Rd. Berryville, VA 22611 i DXna M. Johnstof Zoning Inspector Frederick CountyPlanning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK Notary Public in and for the State and County aforesaid, —Jo --he y certify that Dana Johnston, Zoning Inspector, forth De aIiment of Planning and Development, whose naive is signed to the foregoing, dated' � , has personally appeared before me and acknowledged the same in my State anl County aforesaid. Given under my hand this sG�� day of My commission expires on ERYHDELLINGER VL NOTARY UBLIC REGISTRATION S 331H OF 87fl IA COMMON\(4E LIJON EXPIRES MY CO ULi 31 2015 NOTARY U I 4 c f7y c� rum 13. Additional comments, if any: TO:BARBARA-DATA PROCESSING FROW BEV - Planning Dept. Please print sets of la els by R ANKS! This was discussed on numerous occasions over the course of several years with Frederick County employees and had been verbally agreed upon at an earlier date. We are processing this variance to get in writing the verbal approval that was obtained by the County years ago, but never processed. 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 and Property Identification Number Address NameSmith, Agnes F and Kim 1981 Jordan Springs Rd Stephenson VA, 22656 Property'- 56-A=6G �' NameJohnson, Lillian 566 Burnt Factory Rd Stephenson VA, 22656 Property #-56-A-9 ,i Name McGinnis, Carol Sue 1934 Jordan Springs Rd Stephenson VA, 22656 Property # 56-A-7C,'� are Elkins, William Band Donna B 1897 Jordan Springs Rd Stephenson VA, 22656 Property # 56-A-6D i Name �� �!. 4 45' r 1`y �j\rs / i/f ('/ � V/4 G 221.t► Property # 1 _ Name(" M IA % Property # V �U L.. / Name Property # Name Property # 0 56-A-iC IN16, CAROL 5UE 'ONING: RA EX. HOU6E L I � J i EX. SHED �\ / LJ \ /8 5UFNT r-aGTORY_Fo- \ GRAVELi� \ 1 1 14.43' 56-A-9 JOHNSON, LILLIAN ZONING: RA —E II I I w F ITOR 21.29' FELLOWSHIP HALL EXPANSION I��s SANCTUARY EXPANSION I� u.. �® SEPTIC �® TANIK STORY BRICK J J HURCH '� =52628 T WELL Lo WHITE PICKET FENCE Mp 56-A-6C � BURNT FACTORY UNITED I METHODIST CHURCH I ZONING: RA t A5FHALT 1 56-A-S BURNT FACTORY UNITED 1 METHOD16T CHURCH ZONING: RA 1 I EX. E.P. 1 EX. IOm' SIDE YARD 56-A-6G SMITH, AGNES F 4 KIM ZONING: RA CEMETERY # \ CRO: GROUND L IGHT6 1 1 1 1 1 WOOD RAIL 30 0 30 FENCE GRAPHIC SCALE (W FEET) EX. GARAGE 1 ci z Z WotCli 4 E O CNN iN W�owr W cs U cr- Z m a- OW> Q H z :m z x Xp L) W g �P4 �Q O>— °C9Ww o � O o Q ao ILL m DATE: 05/25/2012 scALE: 1 "=30' DESIGNED BY: DEM 70B NO. 0062 SHEET 2 OF 2 56-A-IC INIS, CAROL SUF 'ONING.- RA 2-24' RGt� I` I 1 I I z I I IEX. HOUSE L L..-J I ICA� EX. SHED �\ / I SuFNT FAGT_ORfi�• ROUTE (055 -� \ GRAVEL \ 1 JOHNSON, LILLIAN \ ZONING: RA I w I I W 55.26' I rn I I I I� d moo® 1- ,,ND SEPTIC A® TANIK VISITOR r- I. 1 WHITE PICKET FENCE Mp 56-A-6G � BURNT FACTORY UNITED METHODIST CHURCH I ZONING: RA ASPHALT 1 56-A-8 1 BURNT FACTORY UNITED 1 METHODIST CHURCH ZONING: RA 1 1 EX. E.P. EX. 100' SIDE YARD 56-A-6G SMITH, AG-iNES F d KIM ZONING: RA CEMETERY WOOD RAIL 30 0 30 FENCE GRAPHIC SCALE (W FEET) 0 \ CROv GROUND LIGHTS I EX. GARAGE i c5 z Z lu N N h Lu a.�a °` 20 Ilu U U U Z gp 0 W Q> pw E Z z w� �0 Uo OU 1 C) Z a Z Q >0 E 9� W0 zw o Q LL m m DATE: 05/25/2012 scALE: 1 "=30' DESIGNED BY: DEM JOB NO. 0062 SHEET 1 OF 2 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 56 - A- - 8- BURNT FACTORY METHODIST CHURCH CIO M M HENDRIX 30 WILKINS DR WINCHESTER VA 22601 ?-0 01(jH1(j50bZ4J ,00.450 8/07/2012 From 22601 US POSTAGE LIP, 0 ILI 7 W T C TC `NDER NO 4_-Jtr� Ni"�BER' 3 isOR W"�R i) UNABLt! BC*. 22601500099 *3o17-02623-07-4o Y , , 0 0 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING August 7, 2012 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #04-12 OF BURNT FACTORY UNITED METHODIST CHURCH On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, August 21, 2012, at 3:25 p.m., in the Board Room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. Variance Request 1104-12 of Burnt Factory United Methodist Church, submitted by Greenway Engineering, for a 51 foot front variance, resulting in a 9 foot front setback, and a 74 foot left side variance, resulting in a 26 foot left side setback, for a church addition. This property is located at 1943 Jordan Springs Road (Route 664) and is identified with Property Identification Number 56-A-8 in the Stonewall Magisterial District. Any interested parties may attend this meeting. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Dem tment of Planning and Development located at 107 North Kent Street in Winchester, Virginia. DMJ/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 «07MI FREDERICK COUNTY BOARD OF ZONING APPEALS The Board Room Frederick County Administration Building 107 N. Kent Street Winchester, Virginia August 21, 2012 3:25 p.m. CALL TO ORDER 1) Determination of a Quorum 2) Minutes of July 17, 2012 PUBLIC HEARING 3) Variance Request #04-12 of Burnt Factory United Methodist Church, submitted by Greenway Engineering, for a 52 foot front variance, resulting in an 8 foot front setback, and a 75 foot right side variance, resulting in a 25 foot right side setback, for a church addition. This property is located at 1943 Jordan Springs Road (Route 664) and is identified with Property Identification Number 56-A-8 in the Stonewall Magisterial District. 4) Variance Request 905-12 of Wright Renovations, Inc., submitted by Marsh & Legge Land Surveyors, P.L.C., for a 73 foot right side variance, resulting in a 27 foot right side setback, and a 35 foot left side variance, resulting in a 65 foot left side setback, for a single family house to be built on an existing foundation This property is located on the east side of Welltown Road (Route 611) approximately 0.25 miles south of the intersection with Rest Church Road (Route 669), and is identified with Property Identification Number 33-A- 13B in the Stonewall Magisterial District. 5) Variance Request 407-12 of J. H. Yost, III, for a 26 foot right side variance and a 26 foot left side variance, resulting in a 24 foot setback on both sides, for a single family house. This property is located in Enon Springs Subdivision (Route 608), on Aster Trail, Lot 13, and is identified with Property Identification Number 69A-1-30-13 in the Back Creek Magisterial District. 6) Other VARIANCE APPLICATION #04-12 BURNT FACTORY UNITED METHODIST CHURCH Staff Report for the Board of Zoning Appeals Prepared: July 30, 2012 Staff Contact: Dana M. Johnston, 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: August 21, 2012 — Pending LOCATION: 1943 Jordan Springs Road (Route 664). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 56-A-8 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) Land Use: Church and Cemetery ADJOINING PROPERTY ZONING & USE: North: Rural Areas (RA) Use: Residential South: Rural Areas (RA) Use: Residential East: Rural Areas (RA) Use: Residential West: Rural Areas (RA) Use: Residential VARIANCE REQUESTED: The applicant is requesting a 52 foot front yard variance resulting in an 8 foot front yard setback, and a 75 foot right side variance resulting in a 25 foot right side setback, for a church addition. REASON FOR VARIANCE: The Church cannot expand their building because to the north, there is an existing cemetery, to the east the existing side yard is already less than the required 100 foot building restriction line and an existing well is located there, and to the west there is an existing fellowship hall building, parking lot and existing septic system. • • Variance Application 404-12 — Burnt Factory United Methodist Church July 30, 2012 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 feet for the front and 15 feet for the side yards. Frederick County amended its Ordinance in 1989 and 2009 to change the A-2 zoning districts to the current RA (Rural Areas) Zoning District, making the current setbacks for the property 60 feet to the front, 100 feet to the right and 50 feet to the rear and left side. Based on the Commissioner of Revenue records this church was built in 1926, predating any zoning laws or regulations, therefore, this building would be considered non -conforming to the current RA (Rural Areas) setbacks. The Church currently encroaches upon the minimum 60 foot front setback and the minimum 100 foot right side setback. This variance request is to allow an expansion of the Fellowship Hall and Sanctuary. The proposed addition would be constructed in front of the existing church and would remain flush with existing walls of the Church on the left and right sides. The closest distance to which the addition is being proposed would be approximately eight (8) feet to the front property line and a distance of approximately twenty-five (25) feet from the right property line. The reasoning behind the location of the proposed addition is due to the existing cemetery to the north, the existing parking lot and septic to the west, and the existing well and location of existing wall of Church to the east. The Health Department had concerns that the current drainfield would not accommodate the expansion of the Fellowship Hall and Sanctuary. Based on the percentage of people and potential water usage, the property owner would be responsible for upgrading the current drainfield to the Health Department's regulations and satisfaction. This variance, if granted would result in an 8 foot building restriction line for the front, and a 25 foot building restriction line for the right side. STAFF CONCLUSIONS FOR THE AUGUST 21, 2012 MEETING• The Code of Virginia 15.2-2309 (2), states that no variance shall be granted unless the application can meet the following requirements: 1) The strict application of the Ordinance will produce an undue hardship. 2) The hardship is not generally shared by the properties in the same zoning district and vicinity. 3) That the authorization of such variance will not be a substantial detriment to the adjacent property and the character of the district will not be changed by the variance. COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Burnt Factory Methodist Church c/o M. M. Hendrix 30 Wilkins Dr. Winchester, VA 22601 016H26508243 $00.450 08!1312012 Mailed From 22601 US POSTAGE NIXIt z 2 U t) t 1 00 08/15112 RETURN TO SENDER NO SUCH NUMBER UNABLE TO FORWARD RC' 2 2 6015 0-3099 22E:114aE�� ----------------------- 0