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HomeMy WebLinkAbout01-15 Kenneth Wright - PIN 51-A-150 - Back Creek - BackfileBOARD OF ZONING APPEALS Variance Request Tracking Sheet OPEN FILE: 1 as 15 1 File opened Reference Manual updated/number assigned D-base updated I aa. 15 Location maps requested from Mapping aAdjoiner list given to Planner Application Action Summary updated I U MEETING DATE: FINAL ACTION: CLOSE FILE: Approval (or denial) letter mailed to applicant/copy made for file & cc's i / S File stamped "approved"., "denied" or "withdrawn" Reference Manual updated /S D-base updated Application Action Summary updated Sys ID # NOTES DA _,. �JJ « s`e DATE NO`I RECEIVED FROM�'�` ADDRessl -1 1�-it1: �tue ► ,. I� j 1^ FOR ACCOUNT HOW PAID "AMT.OF CASH'" ACCOUNT . 5^ CHECK �I PAID PAI Jv �x o BALANCE MONH DUE ORDER 701," air . REDIFORI`'1 ©zos __ ®,a�a�a o I COUNTY of FREDERICK Department of Planning and Development Michael T. Ruddy, AICP Director 540/ 665-5651 Fax: 540/ 665-6395 E-mail: mruddy@fcva.us December 22, 2016 Mr. Michael Strawderman 368 McDonald Road Winchester, VA 22602 Dear Mr. Strawderman: This letter is provided to clarify the County's position regarding the construction activities at 396 McDonald Road, the neighboring property to you, and to hopefully bring some closure to your questions. A review of the Variance application approved by the Board of Zoning Appeals (BZA), Variance #01-15, confirms that the BZA approved the following: a 42.4 foot front yard variance from a required 60 foot front setback, resulting in a 17.6 foot front setback, a 27.2 right side variance from a required 50 foot right side setback, resulting in a 22.8 foot right setback, and a 65.0 left side variance from a required 100 foot left side setback, resulting in a 35 foot left setback. The minutes of the BZA's meeting reflect that this was the action taken by the BZA. Subsequently, the structure was built as requested, and with the appropriate building permit, permit # 0001572-2014 being issued. . Part of the building perinitting process is the survey setback standards. A surveyor licensed in the Commonwealth of Virginia establishes and records the location of the structure on the lot. This building permit setback report demonstrated that the structure was being constructed as stated on the building permit, and consistent with the Variance approved by the BZA. It is noted that the structure includes architectural eave features. The zoning ordinance allows such features to extend into the setback area by as much as three (3) feet. Site observation further confirmed that the construction was in line with the approvals obtained. Planning is aware that the Building Official provided you with the building pennit infonnation, including the survey setbacks that were sealed by a licensed surveyor. However, I have attached an additional copy of this permit for your records. Presently, the Building Official is coordinating with the Health Department to ensure that any connections to the existing health system were made to the satisfaction of both the 107 North Kent Street 9 Winchester, Virginia 22601-5000 Building Official and the Health Department. We may contact you with additional information if anything results from their further evaluation. The County hopes that this clarification helps you understand the steps accomplished to ensure this project was completed in compliance with County zoning requirements. In addition, I hope that you are assured that no outstanding violations exist with the location of the construction of this structure. Sincerely, Michael T. Ruddy, AICP Director of Planning and Development MTR/pd Attachments cc: Kris Tierney — Assistant County Administrator Rod Williams — County Attorney County of Frederick, Virginia 107 North Kent Street Winchester, Virginia 22601 Lien Agent: RECEIVED MAR n 4 2016 Freft"Ck County PubkC VVOft a, 19ns .WRIGHT, KENNETH D COMES DALE L C/O CAPON VALLEY BANK 396 PO BOX 11 WARDENSVILLE WV 26851 _f�HONE. 703-999-330; RE Account #: 08013250 Health Permit -"P Number: 51 A 150 Floodplain: Lot: Area: Sh. Section: District: BAI Building Sub -Division: Directions To Site: Take Route 50 West, left on %A on McDonald Road, follow till Map Book Page 161, Grid B-2 Setback Report IIIIIIIIIIIIIIIIIIIIII III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III conv Permit Number: USBC: 0001572 - 2014 2012 Application Date: 9/08/2014 Issuance Date: Renewal Date: Date: 6/01/2015 OWNER ONE: 000 000 0000 �l"M:. Addition to Enlarge Bedro to Plan-:*::*:!: lqco of 42.4 Back: 300+ Center. RIO 22.8 Left: 35' Frontage: :0, �OB VALUE: ...... . .. PERMIT FEE: TOTAL FEES: zoning Administrator y *ft /,,/. Date I County of Frederick, Virginia 107 North Kent Street Winchester, Virginia 22601 Lien Agent: WRIGHT, KENNETH p;;::>::>:::::»«;:«:> COMES DALE L C/O CAPON VALLEY BANK 396 PO BOX 119 WARDENSVILLE WV 26851 PHONE: 703-999-3309 RE Account ;: 08013250 Health Permit Map Number. 51 A 150 Floodplain: Lot: Area: SM section: District: BA Building ;: Sub -Division: Directions To Site: Take Route 50 West, left on V on McDonald Road, follow till Map Book Page 161, Grid B-2 MIN. SXrBACR smmmR nm Anag NAME: P.4•/�rc?iZ DATE OF sair Y: I (: FRM'": 2 S y Brat: Z 7'5, 9 RIB'= Z L . $ bEFi: 3 4, g FRONT 42.4 Li o 0 5 IQNbi S Vti��4' `�. UP. Applicant (Signature) Date Setback Report Building code Offlcial Date �III�I���I�III�I'll�l� �III'll'�I�IIII��I�III�II����I� Permit Number: 0001572 - 2014 LISBC: 2012 Application Date: 9/08/2014 Issuance Date: Renewal Date: Date: 6/01 /2015 OWNER E: 000 000 0000 NeW Of. Wmri:. ` ddltlon to Enlarge Bedro `1728 cict�: Ff�OnlKS `?•' 42.4 BacIC 300+ Center. . ` 22.8 Left: 35 Frontage VALUE: T FEE: RECEIVED "aV 9 2016 PU '7 R IrlgpgCt�On_ TOTAL FEES: coning Administrator 2r Date Applicant (Please Print) County of Frederick, Virginia 107 North Kent Street Winchester, Virginia 22601 Lien Agent: RECEIVED MAR n 4 2016 Fred enck County Public VVOft & Irr-PectiOrr, Setback Report COPY Permit Number: 0001572 - 2014 USBC: 2012 Application Date: 9/08/2014 Issuance Date: Renewal Date: Date: 6/01/2015 WRIGHT, KENNETH D .. ... ... . . :� ........ OWNER .4z" ............. .. ... .......... .............. COMES DALE L C/O CAPON VALLEY BANK 396 MeDwald­'Ro"a": PO BOX 119 .. . ....... x .... . ... ...... WARDENSVILLE WV 26851 .. .. ...... PHONE: 703-999-3309 .. .... . .. ....... I:PHONE: 000 000 0000 RE Account 08013250 Health Permit .... ...... . Are xX, , On New ow... Map Number 51 A 150 .. . ....... . ... ....... Floodplain: ,. .­. . ... ....... 'SM Cup' W*. ... of WO M.:. Addition to Enlarge Bedro .... . Lot: ..... Area: Shaw"i� .. -site Plan:* .... .... ... ....... .... .. . . . ..... . .... . ..... ........ ....... 1728 Section: District: BACK.tR*Ettk"""**'****"-"""-."�i� --1"' W-400M.: ;,..:::.use' ..... ..... .. ..... .. .... ... ....... afpon 42.4 Back: 300+ Center. Building Sub Division: 0* C04�tttciJtltmiRes'<: Right. 22.8 Left: 35' Frontage: ...... .... ... Directions To Site: Take Route 50 West, left on Wa ris villerrade, rigt1t.,� X. ........ .. . ......... X ................ .... .. .... .... 1:401'sot ..... ..... ..see::bousebn right..*. on McDonald Road follow till V.6d" .......... ...... .......... ................ . . ..... ..... ... . ............ .. .. ..... :X JOB VALUE: !::. . :. .." ..1. Map Book Page 161, Grid B-2 �x .. .................. ...... - - ---- ---- X PERMIT FEE: . ............................................ .................. ................................................................ . . .............................. ... . ............. . MM X,X�X . ......... . . ... .. ... MIN. SETBACK • FRONT 42.4 �i:: �Y' .. .... ...... .. .... .... ............. ............. ... . ..... ... ... . ....... ...... ....... ... .... ....... V TOTAL FEES: 1,6,L111 QP SURVEYOR nwom&ATiq4, .... XXX NMM: /A) 2 1 , ivil A/_ I .... . ... ......... DATE OF SURVEY: 1. 1 FRONT: > -GS � ezo0o, A . .... Applicant Building Code Official (signature) zoning Administrator BACK: 1_73. RIMT: Date Date Date 10 LEFT: 3 37 Applicant (Please Print) County of Frederick, Virginia 107 North Kent Street Winchester, Virginia 22601 Lien Agent: WRIGHT, KENNETH D COMES DALE L C/O CAPON VALLEY BANK PO BOX 119 WARDENSVILLE WV 26851 PHONE: 703-999-3309 ............ RE Account#: 08013250 Health Permit #: Mao Number 51 A 150 Floodplain: Lot: Area: Shawn` v Section: District: BACK.0 Building #: Sub -Division: Directions To site: Take Route 50 West, left on Wald on McDonald Road, follow till ybt Map Book Page 161, Grid B-2 .................. KIN. SETBACK FRONT 42.4 " �v k1- SURVEYOR INFORMATION NAME: /i4•,v7-tFz2. DATE OF SURVEY: I FRONT:S. WID SPRIGGS Li o 0 BACK: 7- -7 ct RIGHT: 7- Z, LETT: 3 4:- 8 �o 396 Setback Report rig it; ............. ............. .. . ... ...... . .... ....... .... ....... . ................... . ... ... . ....... . ...... ....... .... .... Building Code Official Permit Number: 0001572 - 2014 USBC: 2012 Application Date: 9/08/2014 Issuance Date: Renewal Date: Date: 6/01/2015 OWNER ONE: 000 000 0000 Of ftfft. Addition to Enlarge Bedro :..1728 cks.#10 - on - 42.4 Back: 300+ Center— .. .. ... ... 22.8 Left: 35' Frontage: VALUE: T FEE: RECEIVED "(JV 7 9 2016 pu4w8wk County ",anectin's TOTAL FEES: Zohing Administrator Date Date ZOK IVA 71 NSoW p, OF M, W 77 AM& IF Joe%* IP MIT 4 Sq i il I c 174 WIT"- 11. - I � " 'fig 1% Va AL 33 cra- to %AX th Iv A" L 14NA A N1, & ­WW A -7, V4 Am IL p . ............ ivi 44 1 7 AD I rwt e ��c r l�� �-. r ;. a � -- 3;ray �� g .w � t '��� t. L �re�t .�� 7 ;� "�:Y. i n �• � � _ '. w' ._1.�. (i�r �� � � . 'ar'.: _ � �.. �� 4.•Fx� him � ' r_, �_, -• v �""- 7 � iel MEETING MINIUTES OF THE FREDERICK COUNTY BOARD'OF ZONING APPEALS N Held in the Board Room of the Frederick County Administration Building, 107 N. Kent Street, Winchester, Virginia on March 17, 2015. PRESENT: Eric Lowman, Vice -Chairman, Red Bud District; Gary Oates, Stonewall District; Reginald Shirley III, Opequon District; Bruce Carpenter, Gainesboro District; Jeremy McDonald, Back Creek District; Kevin Scott, Shawnee District; Ronald Madagan, Member -at -Large. ABSENT: STAFF PRESENT: Mark Cheran, Zoning Administrator; David Burke, Zoning Inspector and Pamala Deeter, BZA Secretary. CALL TO ORDER The meeting was called to order at 3:30 p.m. and was determined there was a quorum. On a motion made by Mr. Oates and seconded by Mr. Carpenter, the minutes for the July 15, 2014 meeting was unanimously approved with no changes. This being the first Board of Zoning Appeals meeting in 2015, the election of officers and adoption of the Bylaws was held. Vice -Chairman Lowman opened the floor for nomination for BZA Vice -Chairman. Mr. Oates nominated Mr. Carpenter, and it was seconded by Mr. Scott. The vote was unanimous to elect Mr. Carpenter as Vice -Chairman. Mr. Cheran opened the floor for nomination for BZA Chairman. Mr. Carpenter, Vice -Chairman nominated Mr. Lowman, and it was seconded by Mr. McDonald. The vote was unanimous to elect Mr. Lowman as Chairman. Mr. Cheran opened the floor for nomination for Secretary. Mr. Carpenter nominated Mrs. Deeter, and it was seconded by Mr. Scott. The vote was unanimous to elect Mrs. Deeter as Secretary. Mr. Cheran stated the next order of business is setting the time, day and location for the Board of Zoning Appeals meeting and the Bylaws. Currently, the meeting time is 3:30 p.m. on the third Tuesday of the month and the location is the Board Room of the Frederick County Administration Building. Frederick County Board of Zoning Appeals Page 1648 Mr. Oates made a motion to keep the Board of Zoning Appeals meeting time at 3:30 p.m., on the third Tuesday of the month at the same location and no changes to the Bylaws. Mr. Scott seconded the motion. The vote was unanimous. Mr. Cheran stated that the next meeting is April 21, 2015, and as of today, no applications have been submitted. Mr. Cheran stated the deadline is March 27, 2015. PUBLIC HEARING Variance Request #01-15 of Kenneth Wright for a 42.4 foot front yard variance to a required 60 foot front setback will result in a 17.6 foot front setback, 30.6 foot right side variance to a required 50 foot right side setback will result in a 19.4 foot right side setback and a 65.0 foot left side variance to a required 100 foot left side setback will result in a 35 foot left side setback. This property is located at 396 McDonald Road and is identified with Property Identification Number 51-A-150 in the Back Creek Magisterial District. Mr. Cheran presented the staff report. The Applicant is requesting a variance and the property is located at 396 McDonald Road in the Back Creek Magisterial District. Mr. Wright is requesting a 42.4 foot front yard variance to a required 60 foot front setback resulting in a 17.6 foot front setback, 30.6 foot right side variance to a required 50 foot right side setback resulting in a 19.4 foot right side setback, and a 65.0 left side variance to a required 100 foot left side setback resulting in a 35 foot left side setback. The property is zoned RA (Rural Areas) and the adjoining property is zoned RA too. Mr. Cheran stated that Frederick County adopted zoning 1967. The Frederick County historical zoning map shows this property 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. The County amended its Ordinances in 1989 and 2009 to change the A-2 Zoning Districts to the current RA (Rural Areas) Zoning Districts, 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. Mr. Cheran stated that the house was constructed in 1946 and is currently not livable, due to foundation and truss damage. Mr. Wright is requesting to replace the existing damage and to add a bump out for a new bedroom. Mr. Cheran stated that a variance must meet the following criteria of The Code of Virginia 1950 as amended 15.2-2309(2), and Section 165-001.02(C) of the Frederick County Zoning Ordinance state that no variance shall be granted unless the application can meet the following: 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. The authorization of such variance will not be a substantial detriment to the adjacent property. 4. The character of the district will not be changed by the variance. Staff believes that this request is consistent with setbacks of the surrounding properties on McDonald Road where the dwellings are 40 to 50 feet from the road. The dwelling cannot be moved due to Frederick County Board of Zoning Appeals Page 1649 topography and drainfield. Should the variance be granted, the resulting setbacks will be 17.6 foot front yard setback, a 35 foot left side yard setback, and a 19.4 foot right side yard setback. Chairman Lowman asked if there were any questions for Staff. Chairman Lowman asked if anyone is in favor of this variance to come forward and speak. Mr. Wright came forward. Mr. Wright asked the Board members if they had any questions for him. Mr. Oates stated he noticed the addition is coming closer to the well and wanted to know if the Health Department has signed off yet. Mr. Wright replied no not yet. Mr. Wright said when they pulled back the floor they found the foundation was setting on nothing but stacked rock. Mr. Oates commented that if approved that contingence might be the Health Department approval and want to make the applicant aware. Mr. Carpenter suggested you might have to drill another well. Mr. Carpenter questioned the outbuilding looks like they are in the drainfield showing on the map. The previous owner of the property, Mr. Wright's, brother came forward and answered question concerning the outbuilding. The buildings are pole barns or sheds and are falling down. The intention is to remove them completely. When the Applicant's brother purchased the property, the drainfield was in working condition. Chairman Lowman opened the floor up to anyone opposing the variance. Mr. Strawderman who lives at 388 McDonald Road came forward and passed out a handout in which he is opposing the variance. Mr. Strawderman expressed his concerns on encroaching of his property and the possibility of having to put in a large septic system that meets today codes which could possibly harm my property. Mr. Oates questioned Mr. Strawderman about the survey submitted it doesn't have a house on it. The survey has a garage and shed. Mr. Strawderman said the garage is the house. I have a large garage with an apartment like house. Mr. Oates confirmed that the survey was mislabeled. Mr. Oates also clarified the outbuilding on Mr. Strawderman's property. Mr. Madagan stated, he rode by the property and two out buildings appear to be right on property line. Mr. Oates clarified that Mr. Strawderman objections to the variance is that the encroachment of 3 foot closer on the right side property line going from 22.8 foot to 19.4 foot. Mr. Strawderman agreed with Mr. Oates. Mr. McDonald asked Mr. Strawderman would he object if the dwelling was moved closer to the front or to the other side. Mr. Strawderman didn't oppose to moving dwelling closer to front or to the other side. Mr. Strawderman main concern is about the dwelling being 3 foot closer to his property line. Frederick County Board of Zoning Appeals Page 1650 Mr. Scott questioned the survey because the survey did not show the name of the engineer. Mr. Strawderman couldn't recall the engineers name but he is located in Woodstock. Mr. Strawderman said the survey is recorded at the Courthouse. Mr. Wright's brother stepped forward and said he has copies of the approved well and septic paper from the Health Department and approved for a two (2) bedroom perk but didn't bring them to the meeting. DISCUSSION Mr. McDonald stated that viewing the property at 396 McDonald Road from the road it does appear there is a slope behind the dwelling. Mr. McDonald stated that the agenda provided by the County it appears that Mr. Strawderman house is closer to the property lines than what the Applicant is asking fo r. Chairman Lowman acknowledged that Mr. Strawderman has several concerns that the BZA cannot address. These issues should be address by other County Departments or Agencies. Chairman Lowman stated we are here to make a decision on the variance and the setbacks. Mr. Carpenter asked Mr. Wright if he would be willing to do a temporary support brace and pour the foundation on the right side leaving the foundation at 22.8 foot. Mr. Wright replied yes. Mr. Strawderman came forward and said he wouldn't be opposed if the Board grants the variances if he came no closer to my property line and that Mr. Wright had to have the Health Department approval. Public hearing is closed Mr. McDonald made a motion to approve the variance with contingent of Health Department approval. The variance #01-15 Kenneth Wright approving the existing setback 22.8 foot right side per plat, 42.4 foot front yard variance to a required 60 foot front setback resulting 17.6 foot front setback and a 65.0 left side variance to a required 100 foot left side setback resulting in a 35 foot left setback. Mr. Oates seconded the motion. Chairman Lowman called for the vote it was unanimous for approval. There being no further business, the meeting adjourned at 4:15. Respectfully submitted, 21 evw� Eric Lowman, Chairman f JC Pamala Deeter, Secretary Frederick County Board of Zoning Appeals Page 1651 Submit by Email Reset Form Print Form FREDERICK COUNTY FREEDOM OF INFORMATION ACT (FOIA) REQUEST FORM Name of person making request: Address (street address, city, state, and zip code): I 3(o S, A/Lc- t.l,-,41 d Y-oo c) i Telephone number: S-gor g7L4-6-1(oT (optional, but may help us communicate with you to provide a better response) E-mail address: (optional, but may help us communicate with you to provide a better response) Records requested: 5u cue-1 4' r a y?.mvgt o�- 3 j�1/�c,l�oral>^J ZZaol W \-a\ 2 Z l' 0 Z_ The County FOIA Policy is available on the County website at http://www.fcva.us/departments/a-e/county-administration/foia-requests. For staff use only Staff member receiving request form: Date received: D E 'V' 1 3 2,0,1� COUNTY of FREDERICK Depart vent of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 December 13, 2016 Michael Strawderman 368 McDonald Road Winchester, VA 22602 RE: F01A Request: 396 McDonald Road Dear Mr. Michael Strawderman: This is in response to your Freedom of Information Act (FOIA) request dated December 13, 2016 and received in this office on December 13, 2016. In your request you sought documentation including final survey for final approval of: 396 McDonald Road Winchester, VA 22602 We have conducted a thorough search of our files and were unable to locate any records responsive to your request. We recommend that you contact the Frederick County Building Inspections Department on any documents that maybe on file in that department for the above property. Please do not hesitate to contact me regarding any questions you may have at (540) 665-5651. Sincerely, Mark R. Cheran Zoning Administrator MRC/kgs 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 wpbw. -�,- A Ul MEETING MINIUTES OF THE FREDERICK COUNTY BOARD OF ZONING APPEALS Held in the Board Room of the Frederick County Administration Building, 107 N. Kent Street, Winchester, Virginia on March 17, 2015. PRESENT: Eric Lowman, Vice -Chairman, Red Bud District; Gary Oates, Stonewall District; Reginald Shirley III, Opequon District; Bruce Carpenter, Gainesboro District; Jeremy McDonald, Back Creek District; Kevin Scott, Shawnee District; Ronald Madagan, Member -at -Large. ABSENT: STAFF PRESENT: Mark Cheran, Zoning Administrator; David Burke, Zoning Inspector and Pamala Deeter, BZA Secretary. CALL TO ORDER The meeting was called to order at 3:30 p.m. and was determined there was a quorum. On a motion made by Mr. Oates and seconded by Mr. Carpenter, the minutes for the July 15, 2014 meeting was unanimously approved with no changes. This being the first Board of Zoning Appeals meeting in 2015; the election of officers and adoption of the Bylaws was held. Vice -Chairman Lowman opened the floor for nomination for BZA Vice -Chairman. Mr. Oates nominated Mr. Carpenter, and it was seconded by Mr. Scott. The vote was unanimous to elect Mr. Carpenter as Vice -Chairman. Mr. Cheran opened the floor for nomination for BZA Chairman. Mr. Carpenter, Vice -Chairman nominated Mr. Lowman, and it was seconded by Mr. McDonald. The vote was unanimous to elect Mr. Lowman as Chairman. Mr. Cheran opened'the floor for nomination for Secretary. Mr. Carpenter nominated Mrs. Deeter, and it was seconded by Mr. Scott. The vote was unanimous to elect Mrs. Deeter as Secretary. Mr. Cheran stated the next order of business is setting the time, day and location for the Board of Zoning Appeals meeting and the Bylaws. Currently, the meeting time is 3:30 p.m. on the third Tuesday of the month and the location is the Board Room of the Frederick County Administration Building. Frederick County Board of Zoning Appeals Page 1648 Mr. Oates made a motion to keep the Board of Zoning Appeals meeting time at 3:30 p.m., on the third Tuesday of the month at the same location and no changes to the Bylaws. Mr. Scott seconded the motion. The vote was unanimous. Mr. Cheran stated that the next meeting is April 21, 2015, and as of today, no applications have been submitted. Mr. Cheran stated the deadline is March 27, 2015. PUBLIC HEARING Variance Request #01-15 of Kenneth Wright for a 42.4 foot front yard variance to a required 60 foot front setback will result in a 17.6 foot front setback, 30.6 foot right side variance to a required 50 foot right side setback will result in a 19.4 foot right side setback and a 65.0 foot left side variance to a required 100 foot left side setback will result in a 35 foot left side setback. This property is located at 396 McDonald Road and is identified with Property Identification Number 51-A-150 in the Back Creek Magisterial District. Mr. Cheran presented the staff report. The Applicant is requesting a variance and the property is located at 396 McDonald Road in the Back Creek Magisterial District. Mr. Wright is requesting a 42.4 foot front yard variance to a required 60 foot front setback resulting in a 17.6 foot front setback, 30.6 foot right side variance to a required 50 foot right side setback resulting in a 19.4 foot right side setback, and a 65.0 left side variance to a required 100 foot left side setback resulting in a 35 foot left side setback. The property is zoned RA (Rural Areas) and the adjoining property is zoned RA too. Mr. Cheran stated that Frederick County adopted zoning 1967. The Frederick County historical zoning map shows this property 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. The County amended its Ordinances in 1989 and 2009 to change the A-2 Zoning Districts to the current RA (Rural Areas) Zoning Districts, 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. Mr. Cheran stated that the house was constructed in 1946 and is currently not livable, due to foundation and truss damage. Mr. Wright is requesting to replace the existing damage and to add a bump out for a new bedroom. Mr. Cheran stated that a variance must meet the following criteria of The Code of Virginia 1950 as amended 15.2-2309(2), and Section 165-001.02(C) of the Frederick County Zoning Ordinance state that no variance shall be granted unless the application can meet the following: 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. The authorization of such variance will not be a substantial detriment to the adjacent property. 4. The character.of the district will not be changed by the variance. Staff believes that this request is consistent with setbacks of the surrounding properties on McDonald Road where the dwellings are 40 to 50 feet from the road. The dwelling cannot be moved due to Frederick County Board of Zoning Appeals Page 1649 topography and drainfield. Should the variance be granted, the resulting setbacks will be 17.6 foot front yard setback, a 35 foot left side yard setback, and a 19.4 foot right side yard setback. Chairman Lowman asked if there were any questions for Staff. Chairman Lowman asked if anyone is in favor of this variance to come forward and speak. Mr. Wright came forward. Mr. Wright asked the Board members if they had any questions for him. Mr. Oates stated he' noticed the addition is coming closer to the well and wanted to know if the Health Department has signed off yet. Mr. Wright replied no not yet. Mr. Wright said when they pulled back the floor they found the foundation was setting on nothing but stacked rock. Mr. Oates commented that if approved that contingence might be the Health Department approval and want to make the applicant aware. Mr. Carpenter suggested you might have to drill another well. Mr. Carpenter questioned the outbuilding looks like they are in the drainfield showing on the map. The previous owner of the property, Mr. Wright's, brother came forward and answered question concerning the outbuilding. The buildings are pole barns or sheds and are falling down. The intention is to remove them completely. When the Applicant's brother purchased the property, the drainfield was in working condition. Chairman Lowman opened the floor up to anyone opposing the variance. Mr. Strawderman who lives at 388 McDonald Road came forward and passed out a handout in which he is opposing the variance. Mr. Strawderman expressed his concerns on encroaching of his property and the possibility of having to put in a large septic system that meets today codes which could possibly harm my property. Mr. Oates questioned Mr. Strawderman about the survey submitted it doesn't have a house on it. The survey has a garage and shed. Mr. Strawderman said the garage is the house. I have a large garage with an apartment like house. Mr. Oates confirmed that the survey was mislabeled. Mr. Oates also clarified the outbuilding on Mr. Strawderman's property. Mr. Madagan stated, he rode by the property and two out buildings appear to be right on property line. Mr. Oates clarified that Mr. Strawderman objections to the variance is that the encroachment of 3 foot closer on the right side property line going from 22.8 foot to 19.4 foot: Mr. Strawderman agreed with Mr. Oates. Mr. McDonald asked Mr. Strawderman would he object if the dwelling was moved closer to the front or to the other side. Mr. Strawderman didn't oppose to moving dwelling closer to front or to the other side. Mr. Strawderman main concern is about the dwelling being 3 foot closer to his property line. Frederick County Board of Zoning Appeals Page 1650 Mr. Scott questioned the survey because the survey did not show the name of the engineer. Mr. Strawderman couldn't recall the engineers name but he is located in Woodstock. Mr. Strawderman said the survey is recorded at the Courthouse. Mr. Wright's brother stepped forward and said he has copies of the approved well and septic paper from the Health Department and approved for a two (2) bedroom perk but didn't bring them to the meeting. DISCUSSION Mr. McDonald stated that viewing the property at 396 McDonald Road from the road it does appear there is a slope behind the dwelling. Mr. McDonald stated that the agenda provided by the County it appears that Mr. Strawderman house is closer to the property lines than what the Applicant is asking fo r. Chairman Lowman acknowledged that Mr. Strawderman has several concerns that the BZA cannot address. These issues should be address by other County Departments or Agencies. Chairman Lowman stated we are here to make a decision on the variance and the setbacks. Mr. Carpenter asked Mr. Wright if he would be willing to do a temporary support brace and pour the foundation on the right side leaving the foundation at 22.8 foot. Mr. Wright replied yes. Mr. Strawderman came forward and said he wouldn't be opposed if the Board grants the variances if he. came no closer to my property line and that Mr. Wright had to have the Health Department approval. Public hearing is closed Mr. McDonald made a motion to approve the variance with contingent of Health Department approval. The variance #01-15 Kenneth Wright approving the existing setback 22.8 foot right side per plat, 42.4 foot front yard variance to a required 60 foot front setback 'resulting 17.6 foot front setback and a 65.0 left side variance to a required 100 foot left side setback resulting in a 35 foot left setback. Mr. Oates seconded the motion. Chairman Lowman called for the vote it was unanimous for approval. There being no further business, the meeting adjourned at 4.15. Respectfully submitted, Eric Lowman, Chairman Pamala Deeter, Secretary Frederick County Board of Zoning Appeals Page 1651 eO �! .. 7--t �j 'L Li Ii mow, �. .mil sic - ,•. �.. i A n � u P F -,q7.b IQ 4. j fit dafto. VARIANCE APPLICATION # 01-15 Kenneth Wright • The property is located at 396 McDonald Road. • Back Creek Magisterial District • PIN# 51-A-150 • ZONING/USE: Zoned: RA (Rural Areas)/Residential y- ri le"i—nat uyu UlsrriCfl M2 Ihdustrial. Generat District) MHt!Motile Home Communty District) 40 MS (Medcal Support District) GMiOMice 1.1anu/acturng Park) R! lResdental Planned Community District) R` ;Resdentul Recreatimal Community District) RA IRural ii rea Distrct) RP ;Resdentul Pedo—amt District; VAR #01-15 Kenneth Wright %If.S S1•A•150 rrori+, a ." a -a Fpr*s lao vowcls NOW Plow," caun^ Dow Of %a••-rg iD*A"pn+lnl S. xKInt r S. r. W-C-UW VA22601 __•eS.OnUWV 23.2075 0 93 1e0 390 Net VARIANCE APPLICATION # 01-15 Kenneth Wright Requested Variance: The applicant is requesting a 42.4 foot front yard variance to a required 60 foot front setback resulting in a 17.6 foot front setback, 30.6 foot right side variance to a required 50 foot right side setback resulting in a 19.4 foot right side setback, and a 65.0 left side variance to a required 100 foot left side setback resulting in a 35 foot left side setback. VARIANCE APPLICATION # 01-15 Kenneth Wright Reason for the Variance: The dwelling was constructed in 1946 and is currently not livable, due to foundation and truss damage. The applicant is requesting to replace existing damage and add a bump out for a new bedroom. 1�i �, 1 l l� i • miCw4EL STRAWDERMAN a uT RISTp rapppTn 1 no �T IDNSD 4 � s W QZ I I av � f ► DALE COUr ES #41 iO KENNETH D. WRIGHT / t 'tiff NGT ft4000SW 73N5 A:sTj; I I O 1 I / f �\ ZO �\ \ oAc 1 U ►S ASS 91 d a' off' GVNCD. DALE L COUWS AND [EAAEIM p VRIG..' INSTR p 14OM412 TN 51-A-150 CURRENTLY TOED RA KREST CERTrT TW DOS U*VET AND ANY tW=MTIM S.U.. T11S PLAT MS PEEN PREPARED .CTQ01 DI amp 0 AN ACTUAL r1CLp aW suRvEv mX W o er SVEaVI2I01 AI® i.q ARE MD A ARENT EmookopQRS CT Cp VITA/T TI[ pEgr17 CIF TITLE TNA� I�pSC S'OVN 01 10TC0. REPORT TKRUORE 7NIS PLA7 MT NC' SIUV ALL ENCLIPMANEES TO TNC PRppCDTT PL A T SHOWING EXISTING HOUSE LOCATIONON THE PROPERTY OF e KEWTH� WRICRHTBACKCRC[K AIAGISTCAPIAE 91SRIEr rREPERICK CCANTY, VIAGTMA AR rE Airwr 25, 20II SCALC - I ' - PDID' PAINTER—LEWIS, P.L.C. 617 Ceder Crcck Grede. 5mtc 1207T,1elephone (SJO) 862 5792 arse heRler. Virginia 22601 F.C.imile (540) 662- 5793 E.—I orf!"Op—teri—is Dom %W W ~ ttr ANCMAEI STRAWDERMAN 3 ;J Re 1=\r 2OAD M f = � w DALE COUMESARO i KENNE H D. 1 RIGHT NST. 0I 400064w ` x.ISAS ACRE$ per\ C .I OWNER, DALE L CMIIES AND AEHETH D WRVMT JICTR l ZCWe2eA Tr 51-�-150 CtAREMT 1 WKS Er2TIr TNIT TWS SURVC♦ rC AAlI ARMIMrm DCVO IY IDED NO@ 11 DASER 01 Aa ACTIAL rIEU RN SURVEY MX LOAR �^ SI/ERVIRMN NO TICK ARE NO A/MADr OLIOAGROYTS DTIER THIS PLAY AS KEN OWPNRED Ti THOSE PC— oI IMR ✓ r'w THE K16rIT Or A TITLE EEDOEI LT TiERORE TICS 7LAT MY SOL INFOWATI N 07 SNOW ALL ETCIRORAIIEES TO rQW 5C S7[D 37E' IK ERT N®Y RT SIDE SC RDIISTCD 79. A. LT SIDE Jar REMSTED 350' PL A T SH1761IN6 PROPOSED HOUSE LOCA TION ON THE PROPERTY OF awls T GGS A4LE L. COLWS L,E %ODIM KEA#W rH !d VRrCW )r W,CRCCA' MAGISTCR/AL RISRICr rRCPCR1CA' CDWTY, vIRGINIA pAr[. AURDISr 2S 2OI4 SCALC - 1 ' . ~ PAINTER-LEWIS, P.L.C. 817 Ceder Creek Grade, Suite 120 Teleplwne (540) 662-5792 �mcAealer. Virgin.* 22601 FacREmtle (540) 662-5799 ms !mall officeNpamterle-a tom 0 1 VARIANCE APPLICATION # 01-15 Kenneth Wright Staff Conclusions: The code of Virginia 1950 as amended 15.2-2309(2) and Section 165-1001.2(C) of the Zoning Ordinance states that no variance shall be granted unless application can meet the following: • Will produce an undue hardship. • The hardship is not generally shared by the properties in the same zoning district and vicinity. • Authorization of such variance will not be a substantial detriment to adjacent properties, and the character of the district will not be changed by the variance. %Ilb VARIANCE APPLICATION # 01-15 Kenneth Wright Staff Conclusions: Based on the limited size and the setbacks associated with the RA Zoning District, staff believes that this request is consistent with properties along McDonald Road as the dwellings are 40 to 50 feet from the road. The dwelling cannot be relocated or moved on this property due to the location of the drainfield and topography to the rear of the property. This variance, if granted, would result in a 17.6 foot front yard setback, a 35 foot left side yard setback, and a 19.4 foot right side yard setback. A k �ft— W�'-t 4. wi lkc . . . . . . . . . . . . . . . . . . . si *I 1 A IL, 8 4 El COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 March 18, 2015 Kenneth Wright 345 McDonald Road Winchester, VA 22602. RE: VARIANCE REQUEST #01-15 Dear Mr. Wright: This letter is to confirm that the above -referenced variance application was approved by the Board of Zoning Appeals at their meeting on March 17, 2015. The request on parcel identified by Property Identification Number 51-A-150 was approved by the BZA to allow a 42.4 foot front yard variance to a required 60 foot front setback resulting in a 17.6 foot front setback, the right side setback will be 22.8 per plat, and a 65.0 left side variance to a required 100 foot left side setback resulting in a 35 foot left setback as long as the requirement is met by the Health Department. The property is located at the 396 McDonald Road in Back Creek Magisterial District. If you have any questions regarding this action, please feel free to call this office. Sincerely, Mark Cheran Zoning Administrator MRC/pd cc: Gary Lofton, Back Creek District Supervisor J. Rhodes Marston and Greg Unger, Back Creek District Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue John Trenary, Building Official 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 10/ 13/ 2014 08: 35 540722f ' ,; D5 NRJDC PAGE 01 / 01 Frederick County, Virginia Department of Planning and Development 1.07 North Kent Street North Building, 2"d Floor Winchester, Virginia 22601 October 7, 2014 Dear Sirs; I am a property owner next to Kenny Wright's property located at 396 McDonald Road in Frederick County, Virginia. I have no objection if Kenny builds his home closer to my property line than the prescribed footage set forth in the current building code. Sincerely, Ada Patterson 222 Singhas Road Winchester, Virginia 22602 540-877-1113 To: Frederick County Board of Zoning Appeals From: Michael Strawderman This letter is in reference to the Variance Request #01-15 of Kenneth Wright at 396 McDonald Road Winchester, VA. My name is Michael Strawderman and I own the residence beside Mr. Wright of which he is seeking a 19.4 foot setback on the right side. I strongly oppose any such variance, mainly because it encroaches on my property even more than it already is and will further devalue my property. Lets start with the variance request itself. According to the documentation given to me by the Planning and Zoning Department, the request is made because Mr. Wright needs to considerably increase the size of the structure to repair foundation problems and truss problems. This is absolutely laughable as a basis to circumvent the code and law. There is no plausible explanation for a requirement to increase the structure size to "sure up" some foundation and truss problems. I have personally performed such tasks myself and there is no need for a dramatic increase in the size of the structure to repair such issues. The request also stipulated that because of the topography of the rear of the property that it was not possible to move the structure or build another. Either Mr. Cheran, the Zoning Administrator, that prepared the report, either never went to the property to visibly see the lot himself or has an agenda beyond the scope of his job description. Just reading the report, one would assume that there is a creek bed or large steep incline or a cliff at the rear of the property. This is absolutely and patently false. The rear half of the lot is a flat beautiful grassy field that Mr. Wright mows with a regular riding mower. It may be one of the best locations in Frederick County to build a home. Mr. Cheran also said that the location of the drainfield was a factor. I talked to him at his office when I picked up these documents and asked about it being an approved drainfield for the current structure and a larger structure. He said that the Health Department supplied him that information. I went immediately next door to the Health Department to obtain that information and they explained to me that they have never, without question, been to the property and have no records that a drainfield even exists on this property. They requested that I obtain that documentation from Zoning because they would like to see it. i went next door to Zoning again and asked Mr. Cheran for that information and his exact words were "I changed my mind". Hmmm, my next question was simple, so according to your report, Mr. Wright is way out of compliance now with current code, so basically, if he is even more non -compliant then that is ok? His quoted response was "What does it matter at this point?". Therefor, Mr. Cheran's report is filled with false information meant to mislead this board. I obtained a copy of the building permit application via a Freedom of Information Act Request for Mr. Wright's property. The setbacks on that application are not even close to what he even currently has, more or less the variance he is requesting. Therefor, the survey that was supplied to this board is based on either purposely misgiven information or information obtained through error. Either way, the dimensions of the structure and the encroachment on adjacent properties are wrong. In the notification, it is discussed that other properties in the area are in similar setbacks. Again, patently false. This gives the impression that most if not all the properties in this area are so close to the road. Mr. Wright's property is one of the closest, if not the closest to the road as any property on this road for miles. At my property next door, I recently, within the past several months, went through the same circumstances that Mr. Wright faces today. I replaced an existing structure with a similar structure in the same footprint of the original. This was not my first choice for my plans for the property and it cost me more money and I was not able to do all of the things I wanted to do. However, by playing within the rules, I was able to get my project completed without undue harm on my neighbors. Mr. Wright seeks to encroach on my property and that of my neighbors and is requesting that the County force a variance of the codes that protect our properties so that he can accomplish his goal for the least amount of money as possible. This is a ridiculous request of his neighbors and of the County. He wants to build the structure bigger forward and to each side but not an inch bigger backwards because he may have to move or put in a septic that meets code today and does not pollute my property and the environment. Mr. Wright is trying everything in his power to skirt around the rules and come up with his own. The notice states that the house is ;.urrently unlivable. Mr. Wright purchased the property from an estate of an elderly woman who was placed in a nursing home. She lived there until her health was such that she required nursing home care. The property, when purchased, was perfectly livable. Mr. Wright went in, without a permit, (According to the building department, no building permit has ever been issued at this property), and performed a demolition on the property making it unlivable. The structure doesn't even have floors, it is bare dirt, and no working plumbing or electricity. I have outbuildings in better condition 'than this place now due to the demolition that he performed without a permit. There are good reasons for permits as they protect homeowners and neighbors, as well as the community as a whole. For instance, was asbestos removed from this home, circulating in the air for me and my family to breathe, was it disposed of so as not to harm the environment or landfill employees? If granted, this variance would put undue harm on me and my property. The increased encroachment will reduce the value of my home and that of others in the community forever. It will cause safety concerns with traffic on a horrible turn (there is a sharp turn caution sign in my front yard, the turn is so bad) on a road with speed limits higher than in a suburban residential neighborhood. This may eventually lead to a loss of life. There are no solutions mentioned in the variance request to control rain water shedding over onto my property because of the closer proximity as well as the contamination of a currently substandard well source and its pollution of the underground water that we all drink. Not to mention issues with privacy and light and sound pollution with a structure that is much closer to all of our properties and the road. In conclusion, i am one of the biggest limited government folks on the planet. I feel you should be able to do whatever you want as long as it doesn't affect other peoples' civil and property rights. Mr. Wright's request violates my property rights that were supposedly protected and spelled out clearly for my property in this county. I ask that you protect the value and integrity of my property and the community by dismissing this request. If Mr. Wright wants to build his structure bigger, he can go backwards where he has plenty of property and if this means an alteration to a septic that most likely is poor functioning, then so be it. He can move the structure to the confines outlined in the survey that he submitted. He can tear down the existing structure with a permit and build a new one in the exact same footprint or he can do nothing and continue using it as a storage shed. This request reduces the setback requirements drastically, we are not quibbling over a small percentage of the code requirements but an enormous variance of the code, which should never be taken lightly. The information supplied to you in the notification is false and misleading and not a true representation of any facts. Again, I ask that you protect my property and its value from this burdening encroachment by dismissing this request. Thank you, Michael Strawderman VARIANCE APPLICATION #01-15 KENNETH WRIGHT Staff Report for the Board of Zoning Appeals Prepared: March 4, 2015 Staff Contact: Mark 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: March 17, 2015 — Pending LOCATION: The property is located at 396 McDonald Road. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 51-A-150 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Residential VARIANCE REQUESTED: The applicant is requesting a 42.4 foot front yard variance to a required 60 foot front setback resulting in a 17.6 foot front setback, 30.6 foot right side variance to a required 50 foot right side setback resulting in a 19.4 foot right side setback, and a 65.0 left side variance to a required 100 foot left side setback resulting in a 35 foot left side setback. REASON FOR VARIANCE: The dwelling was constructed in 1946 and is currently not livable, due to foundation and truss damage. The applicant is requesting to replace existing damage and add a bump out for a new bedroom. Variance #01-15 — Kenneth Wright Page 2 March 4, 2015 STAFF COMMENTS: Frederick County adopted zoning in 1967. The Frederick County historical zoning map shows this property zoned A-2 (Agricultural General) in 1967. The property setback lines at the adoption of the zoning ordinance were 3 5 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 limited size and the setbacks associated with the RA Zoning District, staff believes that this request is consistent with properties along McDonald Road as the dwellings are 40 to 50 feet from the road. The dwelling cannot be relocated or moved on this property due to the location of the drainfield and topography to the rear of the property. This variance, if granted, would result in a 17.6 foot front yard setback, a 35 foot left side yard setback, and a 19.4 foot right side yard setback. STAFF CONCLUSIONS FOR THE MARCH 17, 2015 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. The applicant is seeking this variance in order to replace existing damage to the foundation and trusses and add a bump out for a new bedroom. The dwelling currently is not livable due to this damage. Therefore, this application for a variance meets the requirements as set forth by The Code of Virginia 1950 as amended 15.2-2309(2), and Section 165-1001.02 (C) of the Frederick County Zoning Ordinance. The strict application of the Frederick County Zoning Ordinance does produce an undue hardship as required by the Code of Virginia. Should this variance be granted, the building setbacks for this property would be 17.6 feet on the front, 35 feet left side, and 19.4 feet right side. Based on the contingent of surrounding properties and setbacks, staff would recommend approval of this variance request for the reduction of the front and side setbacks. No quorum for Public Hearing meeting on February 17, 2015. �oi~4•RF J Z Uj I Nw MICHAEL STRAWDERMAN W Z^ W o I INSTR 120009781 INSTR 1140008828 0 a n o I TM 51 ((A)) PRCL 149 2.252 ACRES CURRENTLY ZONED RA � Lzi Zg9. n OR II& \ h� 100' m -I 4e\ 282.0• DALE COUMES I AND KENNETH D. 1 RIGHT I INST. #140006482 2.2345 ACRES V � 18 OPK � ���SF00 DIRTROAD OWNER, DALE L. COUMES INSTR, # 140006482 Th CURRENTLY ZONED RA IW STATE GRID NORTH ro a r 3 EE 17.6' O DWELLOINGD C I oof \ \ \ \ 1 1&fiE'OAK11 4l RF �NG� *C� 1 �� 0� � •ya ��G y�o `s 00 G AND KENNETH D. 51-A-150 THIS PLAT HAS BEEN PREPARED WITHOUT THE BENIFIT OF A TITLE REPORT THEREFORE THIS PLAT MAY NOT SHOW ALL ENCUMBRANCES TO THE PROPERTY CURVE I RADIUS I ARC LENGTH I DELTA ANGLE I CHORD BEARING I CHORD LENGTH C4 355.00 69.13 1 1'09 23 5 7W 14 59 W 1 88.02 WRIGHT I HEREBY CERTIFY THAT THIS SURVEY AND ANY INFORMATION SHOWN HEREON IS BASED ON AN ACTUAL FIELD RUN SURVEY MADE UNDER MY SUPERVISION AND THERE ARE NO APPARENT ENCROACHMENTS OTHER THAN THOSE SHOWN OR NOTED. BRL INFORMATION FRONT 50' REQUESTED 17.6' RT SIDE 50' REQUESTED 19.4' LT SIDE 100' REQUESTED 35.0' PL A T SHOWING PROPOSED HOUSE L OCA TIEN ON THE PROPERTY OF DAVID F. GGS DALE L. COUMES L i c, 0.001853 KENNETH B, WRIGHT BACKCREEK MAGISTERIAL DISRICT FREDERICK COUNTY, VIRGINIAV DA TE•, AUGUST 25, 2014 SCALE = 1 = 200' PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Telephone (540) 662-5792 COND&TWinchester, Virginia 22601 Facsimile (540) 662-5793 nODMIS i Email: office@painlerlewis.com I y� h. IRF °Qi° j��,s• t �r °h MICHAEL STRAWDERMAN VA, STATE ' INSTR #120009781 INSTR #140008828 GRID NORTH f TM 51 (A)) PRCL 149 2.2 ACRES CURRENTLY ZONED RA qd S J Z z R9p rN _ 3 O a a° _ Of U �cF m DALE COIJES AND \ KENNETH D. WRIGHT FI411E INST. #140006482 SHED WE Lo IRF 11.1 2.2345 ACRE$ tiry N O' 289.4' I EPT .0 o AN DFRAMC O N O' I / O 00 D VEL 'F➢ J IRS Q I / V \ l FIR E \ SH D 00' 11 \ WHITE OAK 0 ' iY �� 01 ) RaQ QFGiiF�QP IROAD / CURVE RADIUS ARC LENGTH DELTA ANGLE CHORD BEARING CHORD LENGTH C4 355.00 69.13 11'D9 23 S 79'14 59 W 69.02 Di OWNER, DALE L. COUMES AND KENNETH D. WRIGHT INSTR, # 140006482 TM 51-A-150 CURRENTLY ZONED RA I HEREBY CERTIFY THAT THIS SURVEY AND ANY INFORMATION SHOWN THIS PLAT HAS BEEN PREPARED HEREON IS BASED ON AN ACTUAL FIELD RUN SURVEY MADE UNDER MY SUPERVISION AND THERE ARE NO APPARENT ENCROACHMENTS OTHER WITHOUT THE BENIFIT OF A TITLE THAN THOSE SHOWN OR NOTED. REPORT THEREFORE THIS PLAT MAY NOT SHOW ALL ENCUMBRANCES TO THE PROPERTY LTH op �- PL AT SHO WING t� 0 EXIS TING HOUSE L OCA TION ON THE PROPER T Y OF v DAV ID F. SP S DAL E L. COUMES L I c, No. 001853 KENNETH A WRIGHT 4 BACKCREEK MAGISTERIAL DISRICT FREDERICK COUNTY, VIRGINIA SUR° DATE AUGUST 25, 2014 SCALE = 1 = 200' PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Telephone (540) 662-5792 Winchester, Virginia 22601 Facsimile (540) 662-5793 Email officeLpainterlewis.com t WAOMPobF- "9YOf#v OApplications Parcels Building Footprints B1 (Business, Neighborhood District) B2 (Business, General Distrist) B3 (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) IRS (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) VAR0-11'5 ' f.� r,. MCDt`' F345ft y VAR #01-15 Kenneth Wright PINS: 51 -A-150 Front, Left, and Right Side Variances 0 95 190 Note: Frederick County Dept of Planning & Development N Kent St e Suite e 202 Winchester, VA 22601 540 - 665 - 5651 Map Created: January 23, 2015 Staff: mcheran 380 Feet I� VARIANCE APPLICATION #01-15 KENNETH WRIGHT Staff Report for the Board of Zoning Appeals Prepared: January 23, 2015 Staff Contact: Mark 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: February 17, 2015 — Pending LOCATION: The property is located at 396 McDonald Road. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 51-A-15 0 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Residential VARIANCE REQUESTED: The applicant is requesting a 42.4 foot front yard variance to a required 60 foot front setback resulting in a 17.6 foot front setback, 30.6 foot right side variance to a required 50 foot right side setback resulting in a 19.4 foot right side setback, and a 65.0 left side variance to a required 100 foot left side setback resulting in a 35 foot left side setback. REASON FOR VARIANCE: The dwelling was constructed in 1946 and is currently not liveable, due to foundation and truss damage. The applicant is requesting to replace existing damage and add a bump out for a new bedroom. Variance #01-15 — Kenneth Wright Page 2 January 23, 2015 STAFF COMMENTS: Frederick County adopted zoning in 1967. The Frederick County historical zoning map shows this property 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 limited size and the setbacks associated with the RA Zoning District, staff believes that this request is consistent with properties along McDonald Road as the dwellings are 40 to 50 feet from the road. The dwelling cannot be relocated or moved on this property due to the location of the drainfield and topography to the rear of the property. This variance, if granted, would result in a 17.6 foot front yard setback, a 35 foot left side yard setback, and a 19.4 foot right side yard setback. STAFF CONCLUSIONS FOR THE FEBRUARY 17, 2015 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. The applicant is seeking this variance in order to replace existing damage to the foundation and trusses and add a bump out for a new bedroom. The dwelling currently is not livable due to this damage. Therefore, this application for a variance meets the requirements as set forth by The Code of Virginia 1950 as amended 15.2-2309(2), and Section 165-1001.02 (C) of the Frederick County Zoning Ordinance. The strict application of the Frederick County Zoning Ordinance does produce an undue hardship as required by the Code of Virginia. Should this variance be granted, the building setbacks for this property would be 17.6 feet on the front, 35 feet left side, and 19.4 feet right side. Based on the contingent of surrounding properties and setbacks, staff would recommend approval of this variance request for the reduction of the front and side setbacks. APPLICATION FOR VARIANCE FREDERICK COUNTY, VIRGINIA -OFFICE USE ONLY - Variance Application # i '" 5 Submittal Deadline a �' 5 Submittal Da 15 For the BZA Meeting of 1-1 5 Fee Amount Paid H 00 Uzi Initials: U Receipt # 15 `t7 5 S 3 Sign Deposit Paid 50 cs MUST BE TYPED OR FILLED OUT IN INK — PLEASE PRINT 1. The applicant is the owner I (I other F1 . (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 wt n ct� ,c �P hatryz NAME: VeNwefh V�t ADDRESS: 3Y !' , DonaaoeA UfiNcl� , Ua 22&0 L TELEPHONE: ('h) 599.336 2 NAME: c ADDRESS: Vv i ndie.: lerc, U a TELEPHONE: (763) 499-_3.509 3. The property is located at (give exact directions and include State Route Numbers): 344 Mc hoa A<A 2.DA4 4. The property has a road frontage of l.`l. L 3 feet and a depth of � 13 . feet and consists of Z • 7-3 acres (please be exact). 5. The property is owned by uALL9 eu V r Es r_ 4- ke^,A.,7H 6. w/R t6was evidenced by deed from EnG cft ie� r c recorded (previous owner) in deed book no. on page or instrument number t ¢ a u o c. 4e Z of the deed books of the Clerk 7 of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: e Iz L— /y 7. Property Identification Number (P.I.N.): S / ® 4 P / 570 The existing zoning of the property is: V, G*-1 9. The existing use of the property is: 5r, 6 dc_- 10. Adjoining Property: USE ZONING North :irsefG . �0�/Q�t��- f East 47 South West �/AIK l4-r 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.") Re /) 6-/-//-/. ei20.rY Ode- S ;o'/,?t9G37-sty-& 0ee-- "!U.— /✓fir//?/6(Jd(s�C' ® 12. List specific reason(s) why the variance is being sought in terms of, such as: C Exceptional narrowness, shallowness, size or shape of property, or 0- Exceptional topographic conditions or other extraordinary situation or condition of property, or ® The use or development of property immediately adjacent thereto 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 AGREEMENT VARIANCE # 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 (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 APPLICANT "y''�.,/K DATE ° 26 %,M15. SIGNATURE OF OWNED �l� DATE (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF ACTION: -DATE- APPROVAL DENIAL SIGNED: BZA CHAIRMAN DATE: 11 140006W Prepared by: Thomas M. Dickinson, Jr., Esquire Bowles Rice, LLP 480 W. Jubal Early Drive, #130 Winchester, VA 22601 Consideration: $0.00 Assessed Value: Title Insurance Underwriter: West Virginia Bankers Title Grantees Address: 396 McDonald Road Winchester,'VA 22602 Tax Map No: 51-A-150 THIS DEED OF GIFT, made and dated this 11 day of July, 2014 by and between ERIC E. WRIGHT and DALE L. COUMES, son and mother, Grantors and KENNETH D.. RIGHT and DALE L. COUMES, son and mother, Grantees. WHEREAS, pursuant to Virginia Code Section 58.1-811.13, this deed is not subject to recordation taxes; NOW, THEREFORE, WITNESSETH: That for and in consideration of the love and affection the Grantors bear for the Grantees, and other good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the Grantors do hereby grant and convey, with Special Warranty and English Covenants of Title, unto the Grantees, as joint .tenants with the right of survivorship as at common law, the following described property, located in Back Creek Magisterial District, Frederick County, Virginia, hereinafter the "Property": t) rn O All of that certain lot or parcel of land lying and being situate on the north side of the Ridge Road in Back Creek Magisterial District, Frederick County, Virginia, about five. miles west of Winchester and south of and near to U.S. Route #50, beginning at the intersection of the �vestcrn line of the lot conveyed .to Lula Edmonds by. deed dated February, 1941, more particularly described in the Deed dated February 21, 1942, and recorded in Deed Book 185, page 521. LESS AND EXCEPT that certain strip of land conveyed to the Commonwealth of Virginia by deed dated August 25-1 1971 and recorded in the aforesaid Clerk's Office in Deed Book 382, page 280. AND BEING the same real estate which was conveyed to the said Grantors by'Deed dated August 23, 2013 and -recorded in the aforesaid Clerk's Office as Instrument No. 130010106. Reference is here made to the aforesaid instruments and the attachments and the references therein contained for a further and more particular. description of the property hereby conveyed. This conveyance is made subject to all duly recorded and enforceable restrictions, easements and rights of way. WITNESS the following signatures and seals: /-- (SEAL) Eric E. Wright. (SEAL) ` Dale L. Coumes �� FIF STATEOF , i COUNTYXITY OF f rCdr al" . to -wit: The foregoing instrument was acknowledged before me this / / day of July, 2014, by Eric E. Wright and Dale L. Wright My commission expires: 'AN i j 2015 My registration number is: p�AV�r������ j 't.0T1�9y ..0tj '. PUB p, #7087761 • ca.tl,us�od � � _ y, rFALTM���`��: 6230856A �otT is i NOTARY PUBLIC VII NLk Fk.-J)1-RICK COUNTY.SM , blis instatement of writing was produced to file on and with certificate acknowledgement thereto annexed was admitted to record. Tax imposed by Sec. 58.1-M of $ and 58.1-801 have been paid, if assessabim 4e� t'40ar.,",'Clerk 0 M MICHAEL STRAWDERMAN INSTR #120009781 INSTR #140008828 TM 51 ((A)) PRCL 149 2.252 ACRES CURRENTLY ZONED RA S N " I 282 NI W DALE COUMES ANI of KENNETH D. RIGHT INST. #140006482 00 n0 2.2345 ACRES V VA. STATE GRID NORTH N WE Lo IRF Lij 3: 1 EPTI PROPOSED 17.6 I TAN ° DWELLING C 0 �o D W 0 _t w� IRS Q \ 100" O \ WHITE OAK11. p1 -1 Ik Q '0° g GJ CURVE I RADIUS I ARC LENGTH I DELTA ANGLE I CHORD BEARING I CHORD LENGTH C4 1 355.00 69.13 11'09 23 S 7W14 59 W 1 69.02 OWNER, DALE L. C❑UMES AND KENNETH D. WRIGHT INSTR. # 140006482 TM 51-A-150 I HEREBY CERTIFY THAT THIS SURVEY AND ANY CURRENTLY ZONED RA INFORMATION SHOWN HEREON IS BASED ON AN ACTUAL FIELD RUN SURVEY MADE UNDER MY SUPERVISI❑N AND THERE ARE NO APPARENT ENCROACHMENTS OTHER THIS PLAT HAS BEEN PREPARED THAN THOSE SHOWN OR NOTED. WITHOUT THE BENIFIT OF A TITLE REPORT THEREFORE THIS PLAT MAY BRL INFORMATION NOT SHOW ALL ENCUMBRANCES TO FRONT 50' REQUESTED 17,6' THE PROPERTY RT SIDE 50' REQUESTED 19,4' LT SIDE 100' REQUESTED 35,0' �NiffH of � PL AT Sf 0 WING 4p PROPOSED HOUSE L OCA TIEN ON THE PROPER T K OF v DAV I D F, GGS DALE L. COUIMES L 1 c, No. 001853 / KENNETH A WRIGHT BACKCREEK MAGISTERIAL DISRIC T FREDERICK COUNTY, VIRGINIA SUR DATE, AUGUST 25, 2014 SCALE = I ' = 200' PAINTER LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Telephone (540) 662-5792 Winchester, Virginia 22601 Facsimile (540) 662-5793 ENODCM Email: off ice@painterlewis.com N J Z W N N L' o, � 0 a a m = ui Q r .00 .00 0 / / N I OWNER, DALE L, COUMES AND KENNETH INSTR. # 140006482 TM 51-A-150 CURRENTLY ZONED RA THIS PLAT HAS BEEN PREPARED WITHOUT THE BENIFIT OF A TITLE REPORT THEREFORE THIS PLAT MAY NOT SHOW ALL ENCUMBRANCES TO THE PROPERTY e�Nei ���6�1 P� ',ip GJ CURVE I RADIUS I ARC LENGTH DELTA ANGLE I CHORD BEARING CHORD LENGTH C4 355.00 69.13 11*09 23 S 7WI4 59 W 69.02 D, WRIGHT I HEREBY CERTIFY THAT THIS SURVEY AND ANY INFORMATI❑N SHOWN HEREON IS BASED ON AN ACTUAL FIELD RUN SURVEY MADE UNDER MY SUPERVISION AND THERE ARE NO APPARENT ENCROACHMENTS OTHER THAN THOSE SHOWN OR NOTED. Z,TH PL AT SHO WING° EXIS TING HOUSE L OCA TION ON THE PROPERTY OF v DAVID F. SP S DALE L. CWHES � i c, No. 001853 KENNETH A WRIGHT �y�'s o4 BACKCREEK MAGISTERIAL DISRIC T FREDERICK COUNTY, VIRGINIA S'UR DATE AUGUST 25, 2014 SCALE = 1 ' = 200' PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Telephone (540) 662-5792 Winchester, Virginia 22601 Facsimile (540) 662-5793 caNsurn�c o+Gtt�s Email: off iceLpainterlewis.com DA" 7 PE. :TT # 5 w-r APPLICATION FOR PERMIT Owner's Name: Address: vA Phone Number: '7v � `l y � 3 �� 9 Owner's are allowed to act as their own contractor provided DPOR Title 54 Owner Contractor Definition is met. *Contractor's Name: V\ Address: S 4;-4 i Phone Number:` `= *NOTE: If you have never obtained permits in Frederick County please attach a copy of your state contractor's license. Any jobs over $25,000 will also need a Frederick County Business License unless you are building in the Town of Middletown or the Town of Stephens City. You would then need that town's business license. All businesses in Frederick County are required to have a Frederick County Business Licenses regardless of the job value. Please note that all permits in the Town of Middletown are handled at the Town Office in Middletown. MECHANICS LIEN AGENT: Mechanics Lien Agent: Address: LOCATION OF PROPERTY Subdivision: Street Name: yes _x_ no (if yes, please complete below) Phone Number Lot Number Tax Map Identification Number of the Property: 1 _ .ft - 15 O l 1 04-rxID %J 1 Directions to the job site: V-} 5c, k- ZZS Q�u Q �C.i� aG- 7- i��—�G 'JAt.ii �c:�� f-u►L;.a ; t l� `1Cw S l��tr�-Si. ('ii�i SETBACKS, Front A.5 Rear 3 ( 4 'i"" Left �� _ _ Right 3 r TYPE OF PERMIT APPLYING FOR: - X Building _*t< _ Electrical )_ Mechanical X— Plumbing Sign *NOTE* Under Freedom of Information Act plans can be secured upon request. PERMIT FOR: JOB VALUE: _ 0 I hereby agree to comply with all provisions of the Virginia Uniform Statewide Building Code and the Zoning Ordinance as adopted by the County of Frederick. Please circle which code you Signature of Applicant <C �r� w%'`"u '�'` wish to have this permit APPLICANT PLEASE PRINT Ci1'7 reviewed under, the Contractor_ Owner Agent Engineer/Archit 2009 or the new 2012 code *Agents, please note that a signed authorization from the owner or contractor must be attached. Please list a daytime telephone number in which you can be reached incase of questions. P p mit Application Page Two BUILDING INFORMATION NEEDED FOR PERMITS RESIDENTIAL vlvxlvir.t�` New Ne Addition ditio ,/Remodeling Re d Demolition % Demoli Residential Demolition — Requires a letter from the Power Company verifying power has been removed and a letter from the Gas Company verifying gas has been removed. Commercial Demolition/Additions/Remodelings — Requires the same information as Residential and in addition to that information requires Asbestos affidavit if built prior to January 1, 1985. List what is being constructed: RESIDENTIAL Master Plan Number (if applicable) Building Size (Dimensions) 3 ,?' ° K 516 Total Square Footage of Living Space 11500 Total Square Footage of Finished Basement Nw�jf-- 7: otal Square Footage of Unfinished Basement 1 V x 9 ' Number of Stories Number of Bedrooms Number of Bathrooms 1 Total Number of Rooms 5 Garage - (Size of Garage) 01 t°c r40ix Deck — (Size of Deck) 9A-6So Dr �1 ' s Porch — (Size of Porch) S Gr Masonry Chimney/Fireplaces t1JA tj ova c Make Year _ Length Numbe HOMES oms Type of C MERCIAL Total S re Footage of Building Building Size Number of Stories l Number of Bathrooms Total Number of Room" Use Group Occupant Load''" ber of Bedrooms Number f�partment Units within Co cial Building Permit Application Page Three SIGNS Typ of Sign Sign Si (Dimensio Sign Reads Height From Gro Other Signs Q rop Input o Top Of Sign Input Volts g & Listing Number Footage of Front of Structure wall sign) ELECTRICAL PERMIT RESIDENTIAL: Amp Service 900 (this is the only thing needed for new dwellings) For Additions/Remodeling: Number of Switches a�5 Lights ,® Receptacles 5o Size of sub -panel if adding one MaAf Upgrading service to r, amj /00 2o6 dv,,p COMMERCIAL: (List all equipment, motors, and wiring) PLUMBING PERMIT: Residential & Commercial (list number of fixtures by each) i Basins l Dishwasher Floor Drians Garbage Disposal A`Grease Traps Laundry Tub Sewer Pump -� Sewer Service L Showers iv 4 Sump Pumps 1 Tubs/Whirpools Urinals Water Closets i Water Heater 0 Water Service 9' Other Oew_ 13&"" D Foundation 3 Lawn Faucets 3 Sinks O Wash Machine I_ Well Pump MECHANICAL PERMIT RESIDENTIAL: (list number of fixtures installing) .✓% Heat Pump N �' Gas Furnace � A A C Unit ` Gas Piping ,✓ A- Gas Range t+ ,+ Gas Logs �✓ /� Gas Water Heater tAJ Other N Size of Tanks Under 500 Gal. 14cioc.�, yxe; t�:' JE�!LP-z—y-LC— COMMERCIAL: Mist all equipment giving btu's and tons) NOTE: All commercial jobs for building, electrical, plumbing and mechanical will need to submit 2 sets of plans (sprinkler plans and fire suppression systems require 4 sets) All building permits for residential jobs will need to submit 1 set of plans. 2009 Residential Energy Efficiency Compliance Sheet All construction requiring insulation (Homes, Additions, Heated Sun rooms or remodel) must be accompanied by an Energy Efficiency Compliance Sheet upon application for a permit Please indicate the insulation/U-values on the permit construction plans submitted for review. Applicants may be required to provide insulation information or provide a REScheck report or similar approved program (www.Energycodes.gov.compliancetools) Insulation Type & R-Value Installed Reauired R - value R - Value Insulation Tyne A Floors (R-value) 19 �— Ceiling (R-value) 22 Ila * Crawl Space Walls (R-value) c 10 continuous or 13 cavity fill t O r1 1✓SS S4► emu^ Slab (R-Value) - Heated 15.2ft Windows (U-factor) E 0.35 max Doors (U-factor) E 0.35 0,35 Elr-► DDd¢-S Comments on Exceptions 1 � + 'tA k I V JI-' S �..s L 1 �.c_ w� � t�.tom r rj ".As 6, A Types of insulation include sheet foam, fiberglass, blown insulation and open/closed cell foam B - Ceilings without attic space (sunroom, vaulted ceiling) where the roof/ceiling assembly does not allow sufficient space for R - 38 insulation, a minimum of R - 30 is allowed but shall be limited to 500 ft2 of ceiling area C - Crawl space walls need to be insulated only if structure floor above is not insulated. (Conditioned Crawl Space) D - Mass walls are walls of concrete block, concrete, insulated concrete form, masonry cavity, brick (not veneer), earth (adobe) or solid timber/logs. E - All U - factors are per manufactures specifications and the International Energy Conservation Code. F - Second value required when more than half the insulation is on the interior of the mass wall. G- Full Height insulation provided, ie Raised Heel Trusses with blocking as required per code IMPORTANT! IMPORTANT! IMPORTANT! IMPORTANT! IMPORTANT! PLEASE PROVIDE A COPY OF THIS FORM TO THE MECHANICAL HVAC INSTALLER Section M1401.3 Virginia Residential Code requires heating and cooling equipment to be sized in accordance with ACCA Manual S based on building loads calculated in accordance with ACCA Manual J or other approved heating and cooling calculation methodologies. A Manual J/Manual S is required to be submitted with your mechanical/HVAC permit. X X e� Sig atur Print MICHAEL STRAWDERMAN INSTR #120009781 TM STR 51 ((A)) PRCL 149 2.252 ACRES ` CURRENTLY ZONED RA -I' I Cn 00 I DALE COUMES INI D KENNETH D. �RIGHT 0 INST. #140006482 00 2.2345 ACRES gR� N w U VA. STATE GRID NORTH CURVE I RADIUS I ARC LENGTH I DELTA ANGLE I CHORD BEARING I CHORD LENGTH C4 1 355.00 69.13 11'09 23 S 7WI4 59 W 1 69.02 OWNER, DALE L. COUMES AND KENNETH D, WRIGHT INSTR. # 140006482 TM 51-A-150 I HEREBY CERTIFY THAT THIS SURVEY AND ANY INFORMATION SHOWN CURRENTLY ZONED RA HEREON IS BASED ON AN ACTUAL FIELD RUN SURVEY MADE UNDER MY SUPERVISION AND THERE ARE NO APPARENT ENCROACHMENTS OTHER THIS PLAT HAS BEEN PREPARED THAN THOSE SHOWN ❑R NOTED. WITHOUT THE BENIFIT OF A TITLE REPORT THEREFORE THIS PLAT MAY BRL INFORMATION NOT SHOW ALL ENCUMBRANCES TO FRONT 50' REQUESTED 17,6' THE PROPERTY RT SIDE 50' REQUESTED 19,4' LT SIDE 100' REQUESTED 35,0' 0' 100' 200' OO REBAR SET ® REBAR FOUND 04 4�1- • POINT SCALE:1 -100' 00 Q 24 " CHESTNUT---- s ssR A�`r OAK TREE sue, s0 1�'' yes 61 2.252 A CREST or t �0U TAX MAP 51 PARCEL 149 STATE 140IjpE 7.33' .d Alto R �0, �G�1> SURVEYOR'S NOTES: (1) STANDING IN THE NAME OF: MICHAEL STRAWDERMAN INSTRUMENT NO. 120009781 (2) NO TITLE REPORT FURNISHED. (3) THE SURVEY SHOWN HEREON IS BASED ON A CURRENT FIELD SURVEY. 00 O 2 4T PO (4) ALL EASEMENTS OR RIGHTS -OF -WAY PERTINENT TO THIS PROPERTY MAY OR MAY NOT BE SHOWN. (5) THE LOCATION OF UNDERGROUND UTILITIES OR OTHER SUBSURFACE IMPROVEMENTS; IF ANY, WAS NOT ASCERTAINED. PROPERTY ADDRESS: 388 McDONALD ROAD WINCHESTER, VA. 22602 CURVE DELTA ANGLE1 RADIUS ARC CHORD CHORD BRG. FILE Copy z DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY, VIRGINIA w L GIS, MAPPING, GRAPHICS WORK REQUEST DATE RECEIVED: a �J REQUESTED COMPLETION DATE: t � 3 REQUESTING AGENT. Department, Agency, or Company:_ Mailing and/or Billing Address: Telephony: E-mail Address: ESTIMATED COST OF PROJECT: FAX: DESCRIPTION OF REQUEST: (Write additional information on back of request) DIGITAL: SIZES: COLOR: PAPER: FAX: E-MAIL; BLACK/WHITE: NUMBER OF COPIES: STAFF MEMBER: HOURS REQUIRED: COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT PAID:. AMOUNT BILLED: METHOD OF PAYMENT: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) rrv,n L� � r J 61, c e vQr �Q.`I L-S COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING February 3, 2015 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #01-15 OF KENNETH WRIGHT On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, February 17, 2015, at 3:30 p.m., in the Board Room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This is a public hearing to consider the following application: Variance Request #01-15 of Kenneth Wright for a 42.4 foot front yard variance to a required 60 foot front setback will result in a 17.6 foot front setback, 30.6.foot right side variance to a required 50 foot right side setback will result in a 19.4 foot right side setback, and a 65.0 left side variance to a required 100 foot left side setback will result in a 35 foot left side setback. This property is located at 396. McDonald Road and is identified with Property Identification Number 51-A-150 in the Back Creek Magisterial District. Any interested parties may attend this hearing. 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 Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's website at www.fcva.us. Sincerely, 4ar Cheran - Zoning Administrator MRC/pd 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: 51 - A- - 150- WRIGHT KENNETH D COUMES DALE L CIO CAPON VALLEY B PO BOX 119 WARDENSVILLE WV 26851.0119 51 - A- - 124- RACEY KAREN P RACEY MARTIN 441 MCDONALD RD WINCHESTER VA 22602.2024 51 -A- -151- WHETZEL RUBY W JOHNSON RUTH W 420 MCDONALD RD WINCHESTER VA 22602.2013 STATE OF VIRGINIA COUNTY OF FREDERICK 51 - A- -149- STRAWDERMAN MICHAEL 368 MCDONALD RD WINCHESTER VA 22602-2012 Mark R. Cheran, Zoning & Subdivision Administrator Frederick County Planning Department I, e' C� .9 Nntary Pnhlir in and fnr tha Ctata and 0A,,,,+x7 aforesaid, do hereby certify that Mark R. Cheran, Zoning & Subdivision Administrator for the Departmentff of Planning and Development, whose name is signed to the foregoing, dated has personally appeared before me and acknowledged the same in my State and County aforesaid. � C Given under my hand this day of I My commission expires on J� ;Z.y) PAMALA DEETER REGISTRATION YPU O#364474 [�DECE MMONWEALTFI OF VIRGINIA Y COMMISSION EXPIRES MBER 31, 2017 . CvYvlcr._I' ct 0 C_ NOTARY PUBLIC V �?_ S e / 13. Additional comments, if any: 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: COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 5401665-6395 NOTIFICATION OF PUBLIC HEARING March 3, 2015 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST 401-15 OF KENNETH WRIGHT On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, March 17, 2015, at 3:30 p.m., in the Board Room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This is a public hearing to consider the following application: Variance Request #01-15 of Kenneth Wright for a 42.4 foot front yard variance to a required 60 foot front setback will result in a 17.6 foot front setback, 30.6 foot right side variance to a required 50 foot right side setback will result in a 19.4 foot right side setback, and a 65.0 left side variance to a required 100 foot left side setback will result in a 35 foot left side setback. This property is located at 396. McDonald Road and is identified with Property Identification Number 51-A-150 in the Back Creek Magisterial District. Any interested parties may attend this hearing. 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 Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's website at www.fcva.us. Sincerely, JaCherO- — Zoning Administrator MRC/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on l 5 from the Department of Planning and Development, Frederick County, Virginia: 51-A-150 Wright, Kenneth Coumes Dale PO Box 119 Wardensville, WV 26851 51-A-149 Strawderman Michael 368 McDonald Rd Winchester, VA 22602 51-A-124 Racey Karen Racey Martin 441 McDonald Rd Winchester, VA 22602 51-1-151 Whetzel Ruby Johnson Ruth 420 McDonald Rd Winchester, VA 22602 'I- "&zz Ma yR. Cheran, Zoning & Subdivision Administrator Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK I,n-YA-01A- �)Ig a Notary Public in and for the State and County aforesaid, do hereby certify that Mark R. Cheran, Zoning & Subdivision Administrator for the Department of Planning and Development, whose name is signed to the foregoing, dated has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of `ft, ( L 0 / 5 My commission expires on 31 a 0 / `7 PAMALA DEETER NOTARY PUBLIC REGISTRATION # 354474 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES DECEMBER 31, 2017 NOTARY PUBLIC Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF FOUR APPROVAL. IF TIIISDOCUMENTDOESNOTMEETYOUR APPROVAL, PLEASE PROVIDE C614hIENT ,4S TO WH,4T YOU WOULD LIKE To HA VE COMPLETED. Initials Date & Time Candice Dave Eric Mike John COMMENTS:_ Che GL 4 Received by Clerical Staff (Date & Time): (S:Office on BlackboxTormsWocument Approval Form 07/16/2014) MEETING MINIUTES OF THE FREDERICK COUNTY BOARD OF ZONING APPEALS Held in the Board Room of the Frederick County Administration Building,107 N. Kent Street, Winchester, Virginia on March 17, 2015. PRESENT: Eric Lowman, Vice -Chairman, Red Bud District; Gary Oates, Stonewall District; Reginald Shirley III, Opequon District; Bruce Carpenter, Gainesboro District; Jeremy McDonald, Back Creek District; Kevin Scott, Shawnee District; Ronald Madagan, Member -at -Large. ABSENT: STAFF PRESENT: Mark Cheran, Zoning Administrator; David Burke, Zoning Inspector and Pamala Deeter, BZA Secretary. CALL TO ORDER The meeting was called to order at 3:30 p.m. and was determined there was a quorum. On a motion made by Mr. Oates and seconded by Mr. Carpenter, the minutes for the July 15, 2014 meeting was unanimously approved with no changes. This being the first Board of Zoning Appeals meeting in 2015, the election of officers and adoption of the Bylaws was held. Vice -Chairman Lowman opened the floor for nomination for BZA Vice -Chairman. Mr. Oates nominated Mr. Carpenter, and it was seconded by Mr. Scott. The vote was unanimous to elect Mr. Carpenter as Vice -Chairman. Mr. Cheran opened the floor for nomination for BZA Chairman. Mr. Carpenter, Vice -Chairman nominated Mr. Lowman, and it was seconded by Mr. McDonald. The vote was unanimous to elect Mr. Lowman.as Chairman. Mr. Cheran opened the floor for nomination for Secretary. Mr. Carpenter nominated Mrs. Deeter, and it was seconded by Mr. Scott. The vote was unanimous to elect Mrs. Deeter as Secretary. Mr. Cheran stated the next order of business is setting the time, day and location for the Board of Zoning Appeals meeting and the Bylaws. Currently, the meeting time is 3:30 p.m. on the third Tuesday of the month and the location is the Board Room of the Frederick County Administration Building. Frederick County Board of Zoning Appeals Page 1648 Mr. Oates made a motion to keep the Board of Zoning Appeals meeting time at 3:30 p.m., on the third Tuesday of the month at the same location and no changes to the Bylaws. Mr. Scott seconded the motion. The vote was unanimous. Mr. Cheran stated that the next meeting is April 21, 2015, and as of today, no applications have been submitted. Mr. Cheran stated the deadline is March 27, 2015. PUBLIC HEARING Variance Request #01-15 of Kenneth Wright for a 42.4 foot front yard variance to a required 60 foot front setback will result in a 17.6 foot front setback, 30.6 foot right side variance to a required 50 foot right side setback will result in a 19.4 foot right side setback and a 65.0 foot left side variance to a required 100 foot left side setback will result in a 35 foot left side setback. This property is located at 396 McDonald Road and is identified with Property Identification Number 51-A-150 in the Back Creek Magisterial District. Mr. Cheran presented the staff report. The Applicant is requesting a variance and the property is located at 396 McDonald Road in the Back Creek Magisterial District. Mr. Wright is requesting a 42.4 foot front yard variance to a required 60 foot front setback resulting in a 17.6 foot front setback, 30.6 foot right side variance to a required 50 foot right side setback resulting in a 19.4 foot right side setback, and a 65.0 left side variance to a required 100 foot left side setback resulting in a 35 foot left side setback. The property is zoned RA (Rural Areas) and the adjoining property is zoned RA too. Mr. Cheran stated that Frederick County adopted zoning 1967. The Frederick County historical zoning map shows this property 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. The County amended its Ordinances in 1989 and 2009 to change the A-2 Zoning Districts to the current RA (Rural Areas) Zoning Districts, 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. Mr. Cheran stated that the house was constructed in 1946 and is currently not livable, due to foundation and truss damage. Mr. Wright is requesting to replace the existing damage and to add a bump out for a new bedroom. Mr. Cheran stated that a variance must meet the following criteria of The Code of Virginia 1950 as amended 15.2-2309(2), and Section 165-001.02(C) of the Frederick County Zoning Ordinance state that no variance shall be granted unless the application can meet the following: 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. The authorization of such variance will not be a substantial detriment to the adjacent property. 4. The character of the district will not be changed by the variance. Staff believes that this request is consistent with setbacks of the surrounding properties on McDonald Road where the dwellings are 40 to 50 feet from the road. The dwelling cannot be moved due to Frederick County Board of Zoning Appeals Page 1649 topography and drainfield. Should the variance be granted, the resulting setbacks will be 17.6 foot front yard setback, a 35 foot left side yard setback, and a 19.4 foot right side yard setback. Chairman Lowman asked if there were any questions for Staff. Chairman Lowman asked if anyone is in favor of this variance to come forward and speak. Mr. Wright came forward. Mr. Wright asked the Board members if they had any questions for him. Mr. Oates stated he noticed the addition is coming closer to the well and wanted to know if the Health Department has signed off yet. Mr. Wright replied no not yet. Mr. Wright said when they pulled back the floor they found the foundation was setting on nothing but stacked rock. Mr. Oates commented that if approved that contingence might be the Health Department approval and want to make the applicant aware. Mr. Carpenter suggested you might have to drill another well. Mr. Carpenter questioned the outbuilding looks like they are in the drainfield showing on the map. The previous owner of the property, Mr. Wright's, brother came forward and answered question concerning the outbuilding. The buildings are pole barns or sheds and are falling down. The intention is to remove them completely. When the Applicant's brother purchased the property, the drainfield was in working condition. Chairman Lowman opened the floor up to anyone opposing the variance. Mr. Strawderman who lives at 388 McDonald Road came forward and passed out a handout in which he is opposing the variance. Mr. Strawderman expressed his concerns on encroaching of his property and the possibility of having to put in a large septic system that meets today codes which could possibly harm my property. Mr. Oates questioned Mr. Strawderman about the survey submitted it doesn't have a house on it. The survey has a garage and shed. Mr. Strawderman said the garage is the house. I have a large garage with an apartment like house. Mr. Oates confirmed that the survey was mislabeled. Mr. Oates also clarified the outbuilding on Mr. Strawderman's property. Mr. Madagan stated, he rode by the property and two out buildings appear to be right on property line. Mr. Oates clarified that Mr. Strawderman objections to the variance is that the encroachment of 3 foot closer on the right side property line going from 22.8 foot to 19.4 foot. Mr. Strawderman agreed with Mr. Oates. Mr. McDonald asked Mr. Strawderman would he object if the dwelling was moved closer to the front or to the other side. Mr. Strawderman didn't oppose to moving dwelling closer to front or to the other side. Mr. Strawderman main concern is about the dwelling being 3 foot closer to his property line. Frederick County Board of Zoning Appeals Page 1650 Mr. Scott questioned the survey because the survey did not show the name of the engineer. Mr. Strawderman couldn't recall the engineers name but he is located in Woodstock. Mr. Strawderman said the survey is recorded at the Courthouse. Mr. Wright's brother stepped forward and said he has copies of the approved well and septic paper from the Health Department and approved for a two (2) bedroom perk but didn't bring them to the meeting. DISCUSSION Mr. McDonald stated that viewing the property at 396 McDonald Road from the road it does appear there is a slope behind the dwelling. Mr. McDonald stated that the agenda provided by the County it appears that Mr. Strawderman house is closer to the property lines than what the. Applicant is asking for. Chairman Lowman acknowledged that Mr. Strawderman has several concerns that the BZA cannot address. These issues should be address by other County Departments or Agencies. Chairman Lowman stated we are here to make a decision on the variance and the setbacks. Mr. Carpenter asked Mr. Wright if he would be willing to do a temporary support brace and pour the foundation on the right side leaving the foundation at 22.8 foot. Mr. Wright replied yes. Mr. Strawderman came forward and said he wouldn't be opposed if the Board grants the variances if he came no closer to my property 'line and that Mr. Wright had to have the Health Department approval. Public hearing is closed Mr. McDonald made a motion to approve the variance with contingent of Health Department approval. The variance #01-15 Kenneth Wright approving the existing setback 22.8 foot right side per plat, 42.4 foot front yard variance to a required 60 foot front setback resulting 17.6 foot front setback and a 65.0 left side variance to a required 100 foot left side setback resulting in a 35 foot left setback. Mr. Oates seconded the motion. Chairman Lowman called for the vote it was unanimous for approval. There being no further business, the meeting adjourned at 4:15 Respectfully submitted, Eric Lowman, Chairman Pamala Deeter, Secretary Frederick County Board of Zoning Appeals Page 16S 1 Fri COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 March 18, 2015 Kenneth Wright 345 McDonald Road Winchester, VA 22602. RE: VARIANCE REQUEST #01-15 Dear Mr. Wright: This letter is to confirm that the above -referenced variance application was approved by the Board of Zoning Appeals at their meeting on March 17, 2015. The request on parcel identified by Property Identification Number 51-A-150 was approved by the BZA to allow a 42.4 foot front yard variance to a required 60 foot front setback resulting in a 17.6 foot front setback, the right side setback will be 22.8 per plat, and a 65.0 left side variance to a required 100 foot left side setback resulting in a 35 foot left setback as long as the requirement is met by the Health Department. The property is located at the 396 McDonald Road in Back Creek Magisterial District. If you have any questions regarding this action, please feel free to call this office. Sincerely, Ae<_27 Mark Cheran Zoning Administrator MRC/pd cc: Gary Lofton, Back Creek District Supervisor J. Rhodes Marston and Greg Unger, Back Creek District Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue John Trenary, Building Official 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 10/13/2014 08:35 540725 NRJDC PAGE 01/01 Frederick County, Virginia Department of Planning and Development 1.07 North Kent Street North Building, 2"d Floor Winchester, Virginia 22601 October 7, 2014 Dear Sirs; I am a property owner next to Kenny Wright's property located at 396 McDonald Road i Fredean rick County, Virginia, I have no objection if Kenny builds his home closer to my property prescribed footage set forth in the current building code. Sincerely, Ada Patterson 222 Singhas Road Winchester, Virginia 22602 540-877-1113 To: Frederick County Board of Zoning Appeals From: Michael Strawderman This letter is in reference to the Variance Request #01-15 of Kenneth Wright at 396 McDonald Road Winchester, VA. My name is Michael Strawderman and I own the residence beside Mr. Wright of which he is seeking a 19.4 foot setback on the right side. I strongly oppose any such variance, mainly because it encroaches on my property even more than it already is and will further devalue my property. i_ets start with the variance request itself. According to the documentation given to me by the Planning and Zoning Department, the request is made because Mr. Wright needs to considerably increase the size of the structure to repair foundation problems and truss problems. This is absolutely laughable as a basis to circumvent the code and law. There is no plausible explanation for a requirement to increase the structure size to "sure up" some foundation and truss problems. I have personally performed such tasks myself and there is no need for a dramatic increase in the size of the structure to repair such issues. The request also stipulated that because of the topography of the rear of the property that it was not possible to move the structure or build another. Either Mr. Cheran, the Zoning Administrator, that prepared the report, either never went to the property to visibly see the lot himself or has an agenda beyond the scope of his job description. Just reading the report, one would assume that there is a creek bed or large steep incline or a cliff at the rear of the property. This is absolutely and patently false. The rear half of the lot is a flat beautiful grassy field that Mr. Wright mows with a regular riding mower. It may be one of the best locations in Frederick County to build a home. Mr. Cheran also said that the location of the drainfield was a factor. I talked to him at his office when I picked up these documents and asked about it being an approved drainfield for the current structure and a larger structure. He said that the Health Department supplied him that information. I went immediately next door to the Health Department to obtain that information and they explained to me that they have never, without question, been to the property and have no records that a drainfield even exists on this property. They requested that I obtain that documentation from Zoning because they would like to see it. i went next door to Zoning again and asked Mr. Cheran for that information and his exact words were "i changed my mind". Hmmm, my next question was simple, so according to your report, Mr. Wright is way out of compliance now with current code, so basically, if he is even more non -compliant then that is ok? His quoted response was "What does it matter at this point?". Therefor, Mr. Cheran's report is filled with false information meant to mislead this board. I obtained a copy of the building permit application via a Freedom of Information Act Request for Mr. Wright's property. The setbacks on that application are not even close to what he even currently has, more or less the variance he is requesting. Therefor, the survey that was supplied to this board is based on either purposely misgiven information or information obtained through error. Either way, the dimensions of the structure and the encroachment on adjacent properties are wrong. In the notification, it is discussed that other properties in the area are in similar setbacks. Again, patently false. This gives the impression that most if not all the properties in this area are so close to the road. Mr. Wright's property is one of the closest, if not the closest to the road as any property on this road for miles. At my property next door, I recently, within the past several months, went through the same circumstances that Mr. Wright faces today. I replaced an existing structure with a similar structure in the same footprint of the original. This was not my first choice for my plans for the property and it cost me more money and I was not able to do all of the things I wanted to do. However, by playing within the rules, I was able to get my project completed without undue harm on my neighbors. Mr. Wright seeks to encroach on my property and that of my neighbors and is requesting that the County force a variance of the codes that protect our properties so that he can accomplish his goal for the least amount of money as possible. This is a ridiculous request of his neighbors and of the County. He wants to build the structure bigger forward and to each side but not an inch bigger backwards because he may have to move or put in a septic that meets code today and does not pollute my property and the environment. Mr. Wright is trying everything in his power to skirt around the rules • and come up with his own. The notice states that the house is currently unlivable. Mr. Wright purchased the property from an estate of an elderly woman who was placed in a nursing home. She lived there until her health was such that she required nursing home care. The property, when purchased, was perfectly livable. Mr. Wright went in, without a permit, (According to the building department, no building permit has ever been issued at this property), and performed a demolition on the property making it unlivable. The structure doesn't even have floors, it is bare dirt, and no working plumbing or electricity. I have outbuildings in better condition than this place now due to the demolition that he performed without a permit. There are good reasons for permits as they protect homeowners and neighbors, as well as the community as a whole. For instance, was asbestos removed from this home, circulating in the air for me and my family to breathe, was it disposed of so as not to harm the environment or landfill employees? If granted, this variance would put undue harm on me and my property. The increased encroachment will reduce the value of my home and that of others in the community forever. It will cause safety concerns with traffic on a horrible turn (there is a sharp turn caution sign in my front yard, the turn is so bad) on a road with speed limits higher than in a suburban residential neighborhood. This may eventually lead to a loss of life. There are no solutions mentioned in the variance request to control rain water shedding over onto my property because of the closer proximity as well as the contamination of a currently substandard well source and its pollution of the underground water that we all drink. Not to mention issues with privacy and light and sound pollution with a structure that is much closer to all of our properties and the road. In conclusion, i am one of the biggest limited government folks on the planet. I feel you should be able to do whatever you want as long as it doesn't affect other peoples' civil and property rights. Mr. Wright's request violates my property rights that were supposedly protected and spelled out clearly for my property in this county. I ask that you protect the value and integrity of my property and the community by dismissing this request. If Mr. Wright wants to build his structure bigger, he can go backwards where he has plenty of property and if this means an alteration to a septic that most likely is poor functioning, then so be it. He can move the structure to the confines outlined in the survey that he submitted. He can tear down the existing structure with a permit and build a new one in the exact same footprint or he can do nothing and continue using it as a storage shed. This request reduces the setback requirements drastically, we are not quibbling over a small percentage of the code requirements but an enormous variance of the code, which should never be taken lightly. The information supplied to you in the notification is false and misleading and not a true representation of any facts. Again, I ask that you protect my property and its value from this burdening encroachment by dismissing this request. Thank you, Michael Strawderman VARIANCE APPLICATION #01-15 KENNETH WRIGHT Staff Report for the Board of Zoning Appeals Prepared: March 4, 2015 Staff Contact: Mark 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: March 17, 2015 —Pending LOCATION: The property is located at 396 McDonald Road. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 51-A-150 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Residential VARIANCE REQUESTED: The applicant is requesting a 42.4 foot front yard variance to a required 60 foot front setback resulting in a 17.6 foot front setback, 30.6 foot right side variance to a required 50 foot right side setback resulting in a 19.4 foot right side setback, and a 65.0 left side variance to a required 100 foot left side setback resulting in a 35 foot left side setback. REASON FOR VARIANCE: The dwelling was constructed in 1946 and is currently not livable, due to foundation and truss damage: The applicant is requesting to replace existing damage and add a bump out for a new bedroom. Variance #01-15 — Kenneth Wright Page 2 March 4, 2015 STAFF COMMENTS: Frederick County adopted zoning in 1967. The Frederick County historical zoning map shows this property zoned A-2 (Agricultural General) in 1967. The property setback lines at the adoption of the zoning ordinance were 3 5 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 limited size and the setbacks associated with the RA Zoning District, staff believes that this request is consistent with properties along McDonald Road as the dwellings are 40 to 50 feet from the road. The dwelling cannot be relocated or moved on this property due to the location of the drainfield and topography to the rear of the property. This variance, if granted, would result in a 17.6 foot front yard setback, a 35 foot left side yard setback, and a 19.4 foot right side yard setback. STAFF CONCLUSIONS FOR THE MARCH 17, 2015 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. The applicant is seeking this variance in order to replace existing damage to the foundation and trusses and add a bump out for a new bedroom. The dwelling currently is not livable due to this damage. Therefore, this application for a variance meets the requirements as set forth by The Code of Virginia 1950 as amended 15.2-2309(2), and Section 165-1001.02 (C) of the Frederick County Zoning Ordinance. The strict application of the Frederick County Zoning Ordinance does produce an undue hardship as required by the Code of Virginia. Should this variance be granted, the building setbacks for this property would be 17.6 feet on the front, 35 feet left side, and 19.4 feet right side. Based on the contingent of surrounding properties and setbacks, staff would recommend approval of this variance request for the reduction of the front and side setbacks. No quorum for Public Hearing meeting on February 17, 2015. wIy It?, —F _J _ Ljj "� (n ^ w MICHAEL STRAWDERMAN VA. STATE W Z = N o I _ v 0 i INSTR 120009781 INSTR �140008828 GRID N NORTH O= n !2 0 I TM 51 ((A)) PRCL 149 � 2.252 ACRES CURRENTLY ZONED RA co V) m �w GO S � :D Of G� 1 yo I CIO' FF � m 00 282.0' WE Lo M IRF Li ,q• 3 DALE COMES I 17.6' O AND AN E DWELLING° ° o� KENNETH D. WRIGHT o �' INST. #140006482 2.2345 ACRES ea/ \ i Q 0 D IRS � \ Z i \ Q WHITE 0' OAK 2� 0� \N i N 10-�RE fNGE lc� g J� 1y. G CURVE I RADIUS ARC LENGTH I DELTA ANGLE 1 CHORD BEARING CHORD LENGTH CI 1 355.00 69.13 1 1'09 23 S 79' 14 59 W 89.02 OWNER, DALE L. COUMES AND KENNETH D. WRIGHT INSTR, # 140006482 TM 51—A-150 I HEREBY CERTIFY THAT THIS SURVEY AND ANY INFORMATION SHOWN CURRENTLY ZONED RA HEREON IS BASED ON AN ACTUAL FIELD RUN SURVEY MADE UNDER MY SUPERVISION AND THERE ARE NO APPARENT ENCROACHMENTS OTHER THIS PLAT HAS BEEN PREPARED THAN THOSE SHOWN OR NOTED. WITHOUT THE BENIFIT OF A TITLE REPORT THEREFORE THIS PLAT MAY BRL INFORMATION NOT SHOW ALL ENCUMBRANCES TO FRONT 50' REQUESTED 17.6' THE PROPERTY RT SIDE 50' REQUESTED 19.4' LT SIDE 100' REQUESTED 35.0' PL A T SHOWING PROPOSED HOUSE L OCA TION ON THE PROPER T Y OFDAV I D F, GGS DALE L, COUMES L I c, No. 001853 KENNETH A WRIGHT <1 ��.y04 BACKCREEK MAGISTERIAL DISRICT FREDERICK COUNTY, VIRGINIA S1JRV �' DATE AUGUST 25, 2014 SCAL E = 1 = 200' PAINTERLEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Telephone (540) 662-5792 Winchester, Virginia 22601 Facsimile (540) 662-5793 DKmium Email: office@painterlewis.com .N 'a%ryk. f F °k MICHAEL STRAWDERMAN f INSTR #120009781 INSTR #140DO8828 I TM 51 (A)) PRCL 149 2.2$ ACRES I CURRENTLY ZONED RA J Z L.I O N W Z M 30 a. mM COf F VA. STATE GRID NORTH 0� �gk Q Q?p�g�O�Qp QJ 5 CURVE I RADIUS 1 ARC LENGTH I DELTA ANGLE I CHORD BEARING I CHORD LENGTH C4 355.00 69.13 1 1'09 23 S 79' 14 59 W 1 69.0E OWNER, DALE L, COUMES AND KENNETH D. WRIGHT INSTR. # 14000648E TM 51-A-150 CURRENTLY ZONED RA I HEREBY CERTIFY THAT THIS SURVEY AND ANY INFORMATION SHOWN THIS PLAT HAS BEEN PREPARED HEREON IS BASED ON AN ACTUAL FIELD RUN SURVEY MADE UNDER MY SUPERVISION AND THERE ARE NO APPARENT ENCROACHMENTS OTHER WITHOUT THE BENIFIT OF A TITLE THAN THOSE SHOWN OR NOTED. REPORT THEREFORE THIS PLAT MAY NOT SHOW ALL ENCUMBRANCES TO THE PROPERTY LTH of D PL A T SHO WING° EXISTING HOUSE L OCA TION ON THE PROPER T Y OF v DAV I D F. SP S DALE L. MUMES L i c. No, 001853 KENNETH A WRIGHT <1 4 BACKCREEK MAGISTERIAL DISRICT FREDERICK COUNTY, VIRGINIA DA TE AUGUST 25, 2014 SCALE = I ' = 200' PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Telephone (540) 662-5792 Winchester, Virginia 22601 Facsimile (540) 662-5793 CUNRJLTM cNavillcm Email: officeLpainterlewis.com OApplications Parcels Building Footprints B1 (Business, Neighborhood District) B2 (Business, General Distrist) B3 (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) 441 MCDONALD RD VAR #01 -15 Kenneth Wright PINS: 51-A-150 Front, Left, and Right Side Variances Note: Frederick County Dept of Planning & Development N Kent St e Suite e 202 Winchester, VA 22601 540 - 665 - 5651 Map Created: January 23, 2015 Staff: mcheran 0 95 190 380 Feet VARIANCE APPLICATION #01-15 KENNETH WRIGHT Staff Report for the Board of Zoning Appeals Prepared: January 23, 2015 Staff Contact: Mark Cheran, Zoning Administrator l 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: February 17, 2015 — Pending LOCATION: The property is located at 396 McDonald Road. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 51-A-150 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Residential VARIANCE REQUESTED: The applicant is requesting a 42.4 foot front yard variance to a required 60 foot front setback resulting in a 17.6 foot front setback, 30.6 foot right side variance to a required 50 foot right side setback resulting in a 19.4 foot right side setback, and a 65.0 left side variance to a required 100 foot left side setback resulting in a 35 foot left side setback. REASON FOR VARIANCE: The dwelling was constructed in 1946 and is currently not liveable, due to foundation and truss damage. The applicant is requesting to replace existing damage and add a bump out for a new bedroom. Variance #01-15 — Kenneth Wright Page 2 January 23, 2015 STAFF COMMENTS: Frederick County.adopted zoning in 1967. The Frederick County historical zoning map shows this property 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 limited size and the setbacks associated with the RA Zoning District, staff believes that this request is consistent with properties along McDonald Road as the dwellings are 40 to 50 feet from the road. The dwelling cannot be relocated or moved on this property due to the location of the drainfield and topography to the rear of the property. This variance, if granted, would result in a 17.6 foot front yard setback, a 35 foot left side yard setback, and a 19.4 foot right side yard setback. STAFF CONCLUSIONS FOR THE FEBRUARY 17, 2015 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. The applicant is seeking this variance in order to replace existing damage to the foundation and trusses and add a bump out for a new bedroom. The dwelling currently is not livable due to this damage. Therefore, this application for a variance meets the requirements as set forth by The Code of Virginia 1950 as amended 15.2-2309(2), and Section 165-1001.02 (C) of the Frederick County Zoning Ordinance. The strict application of the Frederick County Zoning Ordinance does produce an undue hardship as required by the Code of Virginia. Should this variance be granted, the building setbacks for this property would be 17.6 feet on the front, 35 feet left side, and 19.4 feet right side. Based on the contingent of surrounding properties and setbacks, staff would recommend approval of this variance request for the reduction of the front and side setbacks. APPLICATION FOR VARIANCE FREDERICK COUNTY, VIRGINIA -OFFICE USE ONLY - Variance Application # O l — 15 Submittal Deadline l a a l 15 Submittal Da I �Rjj 115 For the BZA Meeting lof Fee Amount Paid $ Sign Deposit Paid T50 Initials: Receipt # 'J 7`7 5 S 3 MUST BE TYPED OR FILLED OUT IN INK — PLEASE PRINT The applicant is the owner I i l other F1 . (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: NAME: VeNWA V6, , b� ADDRESS: 3Y5 Mc. Donj_Rou), _1N ►NCh?=:4 e, UO 22lol�.Z TELEPHONE: (763) 999-3369 OCCUPANT: (if different) When afpWO) h6uye I pi, I.S �Y"t NAME: e I ADDRESS: na, ec V� riches%a, U Iq .2.760). TELEPHONE: (763) 999 -_3 309 The property is located at (give exact directions and include State Route Numbers): 3't% Me 6D"At- � 20A:� 4. The property has a road frontage of 1s9. ► 3 feet and a depth of 6 3 .�S feet and consists of Z • 7-3_acres (please be exact). The roperty is owned by bALc: �vvr►�Es +- 1TeA A1e_m 6. w/tij�as evidenced by deed from E��e � c� _ � recorded (previous owner) in deed book no. on page or instrument number t ¢ u u 0 ( (e Z of the deed books of the Clerk 7 of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: .8,gck c a , L--a P -k 7. Property Identification Number (P.I.N.): S / v 4 — -,S U 8. The existing zoning of the property is: 9. The existing use of the property is: Si... e- i c-- 10. Adjoining Property: USE ZONING North S�svG[� o3.iC� r%I,AEh cam- rz -,4 East 13V,t,b AL 4- South West S t� ��, , �'1t�i.)E�et R J4 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.") Pr%2 %ze'-1-70 b I --- XIX7Li.s-G sT/2vGA-+2E L EST siAE��s��i.a.ts c� G 5- u 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 IT A;ts G 5772y�1f t/i'1 � �A T /--1 A 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 0 0 AGREEMENT VARIANCE # 01 — I 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 (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. 4IT SIGNATURE OF APPLICANT Cti DATE 20 -.-D/S SIGNATURE OF OWNER �4� ,�. Joury�� DATE (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF ACTION: -DATE- APPROVAL DENIAL SIGNED: BZA CHAIRMAN DATE: j4000602 Prepared by: Thomas M. Dickinson, Jr., Esquire Bowles Rice, LLP 480 W. Jubal Early Drive, #130 Winchester, VA 22601 Consideration: $0.00 Assessed Value: Title Insurance Underwriter: West Virginia Bankers Title Grantees Address: 396 McDonald Road Winchester,'VA 22602 Tax Map No: 51-A-150 THIS DEED OF GIFT, made and dated this l � day of July, 2014 by and between, ERIC E. WRIGHT and DALE L. COUMES, son and mother, Grantors and KENNETH D.. RIGHT and DALE L. COUMES, son and mother, Grantees. WHEREAS, pursuant to Virginia Code Section 58.1-811.1), this deed is not subject to recordation taxes; NOW, THEREFORE, WITNESSETH: That for and in consideration of the love and affection the Grantors bear for the Grantees, and other good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the Grantors do hereby grant and convey, with Special Warranty and English Covenants of Title, unto the Grantees, as joint .tenants with the right of survivorship as at common law, the following described property, located in Back Creek Magisterial District, Frederick County, Virginia, hereinafter the "Property": QZ p All of that certain lot or parcel of land lying and being situate on the north side of the Ridge Road in Back Creek Magisterial' ' District, Frederick County, Virginia, about five. miles west of Winchester and south of and near to U.S. Route #50, beginning at the intersection of the western -line of the lot conveyed to' Lula Edmonds by deed dated February, 1941, more particularly described in the Deed dated February 21, 1942, and recorded in Deed Book 185, page 521. LESS AND EXCEPT that certain strip of land conveyed to the Commonwealth of Virginia by deed dated August 25; 1971 and recorded in the aforesaid Clerk's Office in Deed Book 382, page 280. AND BEING the same real estate which was conveyed to the said Grantors by'Deed -dated August' 23, 2013 and .recorded in the aforesaid Clerk's Office as Instrument No. 130010106. Reference is here made to the aforesaid instruments and the attachments and the references therein contained for a further and more particular. description of the property hereby conveyed. This conveyance is made subject io all duly recorded and enforceable restrictions, easements and rights of way. WITNESS the following signatures and seals: (SEAL) Eric E. Wright. (SEAL) aL.. L. Dale L. Co nes STATE OF I11� -„. C COUNTY/CITY OF _ F1'Cdet%Lk . , to -wit: 1161 The foregoing instrument was acknowledged before me this / day of July, 2014, by Eric E. Wright and Dale L. Wright. mot J ts—� NOTARY PUBLIC My commission expires:'AN i 1 201 c My registration number is: •�pF; V1R d1MlA-'FkA)ERICKCOUNTY.SCI, 11113 instrument of writing was produced to file on ?- -S' J y at 3:q(C P,A4 - t{ttd with certificate acknowledgement thereto annexed was admitted to record. Tax imposed by Sec. 58.1-802 of $ and 58.1-801 have been paid, if assessabim �� txoar."O' aft 6230856A �q cy.IRF J z � �Z W 2=^�ww I oc,ONZ a as o nv�F' > m ^W w = o m m it � �a I ^I MICHAEL STRAWDERMAN VA. STATE INSTR 120009781 GRID NORTH S 51 ((A)) PRCL TM149 2.252 ACRES CURRENTLY ZONED RA A O� �o 100' � Ftic� m I 282.0' W DALE COUMES OI AND o KENNETH D. 1 RIGHT 6,I INST. #140006482 �i 2.2345 ACRES V \ WE L \ IRF CL 3, 1 I 17.6' EPTI PROPOST ANP DWELLIN C O I 0 0� I / O D W 0 It IRS \ 0 \ 100" \ WHITE OAK1 1. 0 U o Q� 5��0 CURVE RADIUS I ARC LENGTH I DELTA ANGLE I CHORD BEARING I CHORD LENGTH C4 355.00 69.13 11'09 23 S 79' 14 59 IN 1 69.02 OWNER, DALE L, COUMES AND KENNETH D. WRIGHT INSTR. # 140006482 TM 51-A-150 I HEREBY CERTIFY THAT THIS SURVEY AND ANY INFORMATION SHOWN CURRENTLY ZONED RA HEREON IS BASED ON AN ACTUAL FIELD RUN SURVEY MADE UNDER MY SUPERVISION AND THERE ARE NO APPARENT ENCROACHMENTS OTHER THIS PLAT HAS BEEN PREPARED THAN THOSE SHOWN OR NOTED, WITHOUT THE BENIFIT OF A TITLE REPORT THEREFORE THIS PLAT MAY BRL INFORMATION NOT SHOW ALL ENCUMBRANCES TO FRONT 50' REQUESTED 17,6' THE PROPERTY RT SIDE 50' REQUESTED 19.4' LT SIDE 100' REQUESTED 35.0' ��ALTH of PL A T SHO WING PROPOSED HOUSE L OCA TIEN ON THE PROPER T Y OF U DAVID F.YAS' DALE L. COUMES L I c, N0. 001853 KENNETH D. WRIGHT / /l // S- 04 BACKCREEK MAGISTERIAL DISRIC T FREDERICK COUNTY, VIRGINIA SURy s' DATE AUGUST 25, 2014 SCALE = 1 ' = 200' PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Telephone (540) 662-5792 Winchester, Virginia 22601 Facsimile (540) 662-5793 CONVJLTM ENGDEXRS Email: off iceCpainterlewis.com ►1 J Z LL1 O i N �— U7 LL.j z Oc��'c 3�aa. 0 CO � tr �a .00 / / N CURVE RADIUS ARC LENGTH I DELTA ANGLE CHORD BEARING I CHORD LENGTH C4 355.00 69.13 11-09 23 S 7W14 59 W 1 69.02 OWNER: DALE L. C❑UMES AND KENNETH D, WRIGHT INSTR, # 140006482 TM 51—A-150 CURRENTLY ZONED RA I HEREBY CERTIFY THAT THIS SURVEY AND ANY INF❑RMATI❑N SHOWN HEREON IS BASED ON AN ACTUAL FIELD RUN SURVEY MADE UNDER MY THIS PLAT HAS BEEN PREPARED SUPERVISI❑N AND THERE ARE NO APPARENT ENCROACHMENTS OTHER WITHOUT THE BENIFIT OF A TITLE THAN THOSE SHOWN OR NOTED. REPORT THEREFORE THIS PLAT MAY NOT SHOW ALL ENCUMBRANCES TO THE PROPERTY LTH �F y PL AT SHO WING EXIS TING HOUSE L OCA TION ON THE PROPER T Y OF v DAV I D F. SP S DALE L. COUHES Lic, No. 001853 AAW KENNETH A WRIGHT � ��y�'s 04 BACKCREEK MAGISTERIAL DISRIC T FREDERICK COUNTY, VIRGINIA S'UR DATE, AUGUST 25, 2014 SCALE = I ' = 200' PAINTER— LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Telephone (540) 662-5792 Winchester, Virginia 22601 Facsimile (540) 662-5793 CGNWJLTM Email: off iceCpainterlewis.com • 1') I �- APPLICATION FOR PERMIT . D Owner's Name: Address: w`4-D L:n. ae : Phone Number: 17v 5 3301 . Owner's are allowed to act as their own contractor provided DPOR Title 54 Owner Contractor Definition is met. *Contractor's Name: Address: &S Ne, Z;4 Phone Number: *NOTE: If you have never obtained permits in Frederick County please attach a copy of your state contractor's license. Any jobs over $25,000 will also need a Frederick County Business License unless you are building in the Town of Middletown or the Town of Stephens City. You would then need that town's business license. All businesses in Frederick County are required to have a Frederick County Business Licenses regardless of the job value. Please note that all permits in the Town of Middletown are handled at the Town Office in Middletown. MECHANICS LIEN AGENT: Mechanics Lien Agent: Address: LOCATION OF PROPERTY Subdivision: Street Name: i- yes —X no (if yes, please complete below) Phone Number Lot Number Tax Map Identification Number of the Property: ---' I - - - ' Directions to the job site: v i %Aki c,�3'� iJ�C.4a��•.iAf.(i 't-D F�;. ::. .i - ..sue its i 0 � SETBACKS, Front 2.5 Rear 3 ; Left �� _ _ Right 36 JI TYPE OF PERMIT APPLYING FOR: Building Electrical )— Mechanical_ Plumbing Sign --- g �T *NOTE* Under Freedom of Information Act plans can be secured upon request. PERMIT FOR: JOB VALUE: S a5 0 od I hereby agree to comply with all provisions of the Virginia Uniform Statewide Building Code and the Zoning Ordinance as adopted by the County of Frederick. Please circle which code you Signature of Applicant /�'v; �� 4��u'lr L wish to have this permit APPLICANT PLEASE PRINT hG reviewed under, the Contractor _ Owner gent Engineer/Archri 2009 or the new 2012 code *Agents, please note that a signed authorization from the owner or contractor must be attached. Please list a daytime telephone number in which you can be reached incase of questions. P,/.-mit Application Page Two BUILDING INFORMATION NEEDED FOR PERMITS RESIDENTIAL New Addition ,-'Remodeling Demolition Residential Demolition — Requires a letter from the Power Company verifying power has been removed and a letter from the Gas Company verifying gas has been removed. Commercial Demolition/Additions/Remodelings — Requires the same information as Residential and in addition to that information requires Asbestos affidavit if built prior to January 1, 1985. List what is being constructed: rV. a.r C t O T S6 f, a p �,. �d cM 1,25 n �tzs� r•� 1 -lZs �t c� , RESIDENTIAL Master Plan Number (if applicable) Building Size (Dimensions) 3 8" ` W Vd Total Square Footage of Living Space 1,500 :56 re -el Total Square Footage of Finished Basement r t of I ' Total Square Footage of Unfinished Basement u x 8 Number of Stories � Number of Bedrooms ne_�� Number of Bathrooms Ca Total Number of Rooms 5"-- Garage - (Size of Garage) 01k Nonce ` Deck — (Size of Deck) g,aa_ "z,r 6 s F S ` �b(�� Porch — (Size of Porch) a x Chimney/Fireplaces tj JA N && e Masonry MULE HOMES �• Make Year®'"� erialN1�ia�krer Length W�--Number of Bedrooms NumberBa rooms Type of e C MERCIAL Total S re Footage of Building Building Size Number of Stories Number of Bathrooms a Total Number of Roorps� Use Group Occupant Load,"' Numberf--Xpartment Units within Comllcial Building Permit -Application 10 Page Three Typ of Sign Sign Si (Dimensions) Sign Reads Height From Gro c Other Signs 9trTropert Input Top Of Sign Input Volts g & Listing Number _ Footage of Front of Structure wall sign) ELECTRICAL PERMIT RESIDENTIAL: Amp Service 200 (this is the only thing needed for new dwellings) For Additions/Remodeling: Number of Switches 2S Lights 5'o Receptacles ,5o Size of sub -panel if adding one MoW6, Upgrading service to FW-a-m /oo A,,p 4 206 COMMERCIAL: (List all equipment, motors, and wiring) PLUMBING PERMIT: Residential & Commercial (list number of fixtures by each) i Basins i Dishwasher a Floor Drians Foundation Garbage Disposal Grease Traps T Laundry Tub 3 Lawn Faucets Sewer Pump :tA Sewer Service _ L Showers 3 Sinks ry 4 Sump Pumps i Tubs/Whirpools x Urinals 4 Wash Machine —�— Water Closets t Water Heater nJ tk Water Service I_ Well Pump S Other 0 c, 13A-"oeJ #eJ- MECHANICAL PERMIT RESIDENTIAL: (list number of fixtures installing) Heat Pump N�tl�l Gas Furnace tJ W A C Unit k Gas Piping JJ � Gas Range N A- Gas Logs Gas Water Heater Other Size of Tanks Under 500 Gal. W c-,pt� Siav L a tx �n—f_Lc_ ftip� f COMMERCIAL: Mist all equipment giving btu's and tons) NOTE: All commercial jobs for building, electrical, plumbing and mechanical will need to submit 2 sets of plans (sprinkler plans and fire suppression systems require 4 sets) All building permits for residential jobs will need to submit 1 set of plans. t • • 2009 Residential EnergV Efficiency Compliance Sheet All construction requiring insulation (Homes, Additions, Heated Sun rooms or remodel) must be accompanied by an Energy Efficiency Compliance Sheet upon application for a permit Please indicate the insulation/1-1-values on the permit construction plans submitted for review. Applicants may be required to provide insulation information or provide a REScheck report or similar approved program (www.Energycodes.gov.compliancetools) Floors (R-value) 19 Ceiling (R-value) G * Crawl Space Walls (R-value) c 10 continuous or 13 cavity fill Slab (R-Value) - Heated Windows (U-factor) E 0.35 max Doors (U-factor) E 0.35 Insulation Type & R-Value Installed . _ A rhm 0,35 Comments on Exceptions : p m` ityc,.,+ % walk V., cvk S a� �n�c►+t r r,Jgy.i D661—S A -Types of insulation include sheet foam, fiberglass, blown insulation and open/closed cell foam B - Ceilings without attic space (sunroom, vaulted ceiling) where the roof/ceiling assembly does not allow sufficient space for R - 38 insulation, a minimum of R - 30 is allowed but shall be limited to 500 ft2 of ceiling area C - Crawl space walls need to be insulated only if structure floor above is not insulated. (Conditioned Crawl Space) D - Mass walls are walls of concrete block, concrete, insulated concrete form, masonry cavity, brick (not veneer), earth (adobe) or solid timber/logs. E - All U - factors are per manufactures specifications and the International Energy Conservation Code. F - Second value required when more than half the insulation is on the interior of the mass wall. G- Full Height insulation provided, ie Raised Heel Trusses with blocking as required per code IMPORTANT! IMPORTANT! IMPORTANT! IMPORTANT! IMPORTANT! PLEASE PROVIDE A COPY OF THIS FORM TO THE MECHANICAL HVAC INSTALLER Section M1401.3 Virginia Residential Code requires heating and cooling equipment to be sized in accordance with ACCA Manual 5 based on building loads calculated in accordance with ACCA Manual J or other approved heating and cooling calculation methodologies. A Manual J/Manual S is required to be submitted with your mechanical/HVAC permit. i X / 4� ��� X ��► Sig atur Print NIA S Page 1 N \ 'oi'f04• IRI Q -1 Z Ld O z W 2 = ^ �vWi � Oc,UNZ aaso 3 F m ` W W m = m Nm IX => U N 1 II MICHAEL STRAWDERMAN VA. STATE INSTR #120009781 GRID NORTH INSTR TM 51 ((A)) PRCL8149 2.252 ACRES CURRENTLY ZONED RA S _2• O� �O � Ftic� m \ WE Lo 11 I282.0' ,o,• ALE C O U M E S I EPTI PROPOSED 17. AND I TAN DWELLING :NNETH D. 1 RIGHT INST. #140006482 D 2.2345 ACRES eR% \ �r \ \ WHITE C �O. � > �� 5 qt- / CURVE I RADIUS I ARC LENGTH I DELTA ANGLE I CHORD W 4M I CHORD LENGTH C4 1 355.00 69.13 11'09 23 S 7714 59 W 1 69.02 OWNER, DALE L. COUMES AND KENNETH D. WRIGHT INSTR. # 140006482 TM 51-A-150 I HEREBY CERTIFY THAT THIS SURVEY AND ANY INFORMATI❑N SHOWN CURRENTLY ZONED RA HEREON IS BASED ON AN ACTUAL FIELD RUN SURVEY MADE UNDER MY SUPERVISI❑N AND THERE ARE NO APPARENT ENCROACHMENTS OTHER THIS PLAT HAS BEEN PREPARED THAN THOSE SHOWN OR NOTED. WITHOUT THE BENIFIT OF A TITLE REPORT THEREFORE THIS PLAT MAY BRL INF❑RMATION NOT SHOW ALL ENCUMBRANCES TO FRONT 50' REQUESTED 17,6' THE PROPERTY RT SIDE 50' REQUESTED 19.4' LT SIDE 100' REQUESTED 35.0' s P4 0 v 0' too' 200' SCALE:1 "= 100' G ��•Gpopp6 cq� STATE ROUTE SURVEYOR'S NOTES: 24" OO REBAR SET ® REBAR FOUND 0 POINT d 110 ��3+ CHESTNUT -- OAK TREE �pA� � 1 � /t \ TAX MAP 51 PARCEL 149 � 5 9 1-7.33' elj R0-4I0 (1) STANDING IN THE NAME OF: MICHAEL STRAWDERMAN INSTRUMENT NO. 120009781 (2) NO TITLE REPORT FURNISHED. 2.252 ACRES± (3) THE SURVEY SHOWN HEREON IS BASED ON A CURRENT FIELD SURVEY. 9lb 0 Rot, PO (4) ALL EASEMENTS OR RIGHTS —OF —WAY PERTINENT TO THIS PROPERTY MAY OR MAY NOT BE SHOWN. (5) THE LOCATION OF UNDERGROUND UTILITIES OR OTHER SUBSURFACE IMPROVEMENTS, IF ANY, WAS NOT ASCERTAINED. PROPERTY ADDRESS: 388 McDONALD ROAD WINCHESTER, VA. 22602 CURVE DELTA ANGLE RADIUS ARC CHORD CHORD BRG. FILE C N DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY, VIRGINIA W E GIS, MAPPING, GRAPHICS WORK REQUEST s as 5 DATE RECEIVED: f _ REQUESTED COMPLETION DATE: t 13 L 15 REQUESTING AGENT. Department, Agency, or Company:_ Mailing and/or Billing Address: Telephone:.- E-mail Address: ESTIMATED COST OF PROJECT: FAX: DESCRIPTION OF REQUEST: (Write additional information on back of request) VG—r c01«`, � o (— (5 Rr� I C,Maio C� A --I � �► �l DIGITAL: SIZES: COLOR: PAPER: FAX: E-MAIL: BLACKIWHITE: 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) �aq- vat 0 0 0 0 0 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING February 3, 2015 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #01-15 OF KENNETH WRIGHT On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, February 17, 2015, at 3:30 p.m., in the Board Room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This is a public hearing to consider the following application: Variance Request #01-15 of Kenneth Wright for a 42.4 foot fiont yard variance to a required 60 foot fiont setback will result in a 17.6 foot fiont setback, 30.6 foot right side variance to a required 50 foot right side setback will result in a 19.4 foot right side setback, and a 65.0 left side variance to a required 100 foot left side setback will result in a 35 foot left side setback. This property is located at 396. McDonald Road and is identified with Property Identification Number 51-A-150 in the Back Creek Magisterial District. Any interested parties may attend this Bearing. 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 Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's website at www.fcva.us. Sincerely, ra k C(heran Zoning Administrator MRC/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 f ` This is to certify that the attached correspondence was mailed to the following on � q � I 15 from the Department of Planning and Development, Frederick County, Virginia: - - _ -- -- - - -- i-A- .149- 51 A- - 150- STRAWDERMAN MICHAEL 'WRIGHT KENNETH D 368 MCDONALD RD COUMES DALE L CIO CAPON VALLEY B PO BOX 119 WINCHESTER VA 22602.2012 WARDENSVILLE WV 26851.0119- 51 - A- - 124- - - RACEY KAREN P RACEY MARTIN 441 MCDONALD RD WINCHESTER VA 51 - A- - 151- WHETZEL RUBY W JOHNSON RUTH W 420 MCDONALD RD WINCHESTER VA 22602-2024 22602.2013 Mark R. Cheran, Zoning & Subdivision Administrator Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, do hereby certify that Mark R. Cheran, Zoning & Subdivision Administrator for the De artment of Planning and Development, whose name is signed to the foregoing, dated [8-1 Is , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this A- d day of l I My commission expires on ��Q�eNn 1, �� �, a o) l PAMALA DEETER REGISTRATION OPUBLIC354474 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES DECEMBER 31, 2017 . 1__e..__J, a� NOTARY PUBLIC • A" N LJ COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING February 3, 2015 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #01-15 OF KENNETH WRIGHT On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, February 17, 2015, at 3:30 p.m., in the Board Room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This is a public hearing to consider the following application: Variance Request #01-15 of Kenneth Wright for a 42.4 foot front yard variance to a required 60 foot front setback will result in a 17.6 foot front setback, 30.6 foot right side variance to a required 50 foot right side setback will result in a 19.4 foot right side setback, and a 65.0 left side variance to a required 100 foot left side setback will result in a 35 foot left side setback.. This property is located at 396. McDonald Road and is identified with Property Identification Number 51-A-150 in the Back Creek Magisterial District. Any interested parties may attend this hearing. 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 Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's website at www.fcva.us. Sincerely, ark eran Zoning Administrator MRC/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 13. Additional comments, if any: 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 Name k4,1,r /o JL- 1"Oe¢i L 44 / McLAv�4L /Zt� . Property # 2vQy 4i 4JiS/ETL d[- Name 4 Z O OV Diva- /I v Property # �� _� � �_ _ _ _ Name 3Gfi Ale-Oit/�L i'Z%� Property# Name Property # Name Property # Name Property # Name Property # Name Property # NOTIFICATION OF PUBLIC HEARING February 3, 2015 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #01-15 OF KENNETH WRIGHT On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, February 17, 2015, at 3:30 p.m., in the Board Room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This is a public hearing to consider the following application: •ight for a 32:4 foot front -yard vari-ance-to-a_requ_ited� a --required / =foot -foot -setback _will_result_i -A-35 foot.. -left_ side -setback— This -property is located at 396McDonald Road and is identified with Property Identification Number 51-A-150 in the Back Creek Magisterial District. Any interested parties may attend this hearing. 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 Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's website at www.fcva.us. Sincerely, Mark Cheran Zoning Administrator MRC/pd COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING March 3, 2015 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #01-15 OF KENNETH WRIGHT On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, March 17, 2015, at 3:30 p.m., in the Board Room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This is a public hearing to consider the following application: " Variance Request #01-15 of Kenneth Wright for a 42.4 foot front yard variance to a required 60 foot front setback will result in a 17.6 foot front setback, 30.6 foot right side variance to a required 50 foot right side setback will result in a 19.4 foot right side setback, and a 65.0 left side variance to a required 100 foot left side setback will result in a 35 foot left side setback. This property is located at 396. McDonald Road and is identified with Property Identification Number 51-A-150 in the Back Creek Magisterial District. Any interested parties may attend this hearing. 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 Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's website at www.fcva.us. Sincerely, 1�OIar1c Cher Zoning Administrator MRC/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 y This is to certify that the attached correspondence was mailed to the following on VVa from the Department of Planning and Development, Frederick County, Virginia: 51-A-150 Wright, Kenneth Coumes Dale PO Box 119 Wardensville, WV 26851 51-A-149 Strawderman Michael 368 McDonald Rd Winchester, VA 22602 51-A-124 Racey Karen Racey Martin 441 McDonald Rd Winchester, VA 22602 51-1--151 Whetzel Ruby Johnson Ruth 420 McDonald Rd Winchester, VA 22602 Ma R. Cheran, Zoning & Subdivision Administrator Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK I, ln-'����s�/1�,� �e1Lp A� , a Notary Public in and for the State and County aforesaid, do hereby certify. that Mark R. Cheran, Zoning & Subdivision Administrator for the DepartWent of Planning and Development, whose name is signed to the foregoing, dated has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this nd day of ft, C L a 0/5 My commission expires on b�1z .3 1 a 0 1 '_7 PAMALADEETER NOTARY PUBLIC REGISTRATION # 354474 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES DECEMBER 31, 2017 I ,, IQXX� "4- NOTARY PUBLIC Document A.pprovaI Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENTDOESNOTMEET YOUR APPROVAL,PLEASE-PROVIDE COMMENVTSAS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED. Initials Date & Time Candice Dave Eric Mike John COMMENTS: Chc GL . L( z3u aA ,�, j Received by Clerical Staff (Date & Time): (S:Office on BlackboxWormsWocument Approval Form 07/16/2014) 13. Additional comments, if any: 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 Name I�R/! / : t- i%1 7�i C \ 4` -1 Me�JPA qz-h 9-6 .' z z- e, Property # 51 _ _ 2 2vay !� 4JI/ETL�L .�- Name &., 4 ZD ole- b vq- 2v Property # 671,_�q S- Name L 3Gpi Ale- h ON,'L 146 fAk� !/i9 Z ZG o7 , Property # 57/ —lq_ l 4 Name Property # Name Property # Name Property # Name Property # Name Property # we 13. Additional comments, if any: 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 Name ki4l?E /0 J - 01 /-, C ` Lt/e /,/ Property # 5-� v 2 vQy ki t�I/ETLeL r- Name 4 ZD Property #s- Name 6!/ii4/G�Lcf�6r7L l�f� �ZGG'7,� Property # Name Property # Name Property # Name Property # Name Property # Name Property # 6 V ati�ti� � U 1- l S • f- 13. Additional comments, if any: me FRE COPY 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 Name /1 .4/1 F /4 JL- 1h f'i Property # S� _ . � 2 /1 vpy tci 41//ETL e L Name w 4 Z O /j'1 Div.�4 /Zv Name 3 L P Ale o lt/i�vc ��,l�6s� /46 l�i9 Z LG GZ Property # Name Property # Name Property # Name Property # Name Property # Name Property # 6 VARIANCE APPLICATION #01-15 KENNETH WRIGHT Staff Report for the Board of Zoning Appeals Prepared: January 23, 2015 Staff Contact: Mark 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: February 17, 2015 — Pending LOCATION: The property is located at 396 McDonald Road. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 51-A-150 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & USE: r North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Resident' VARIANCE REQUESTED: ting a 32.4 foot front yard vari a to a required 60 foot front setback resulting i `foot fro setbac , 30.6 foot right side varia e to a required 50 foot right side setback resulting m a_ o rig t side setback, and a 65.0,1'eft side variance to a required 100 foot left side setback resulting in a 35 foot left side setback.,;-= REASON FOR VARIANCE: The dwelling was constructed liveable, due to foundation and truss damage. The applicantys damage and add a bump out for a new bedroom. 7 in 46 and is currently not requesting to replace existing Variance #01-1'5 — Kenneth Wright Page 2 January 23, 2015 STAFF COMMENTS: Frederick County adopted zoning in 1967. The Frederick County historical zoning map shows this property 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 limited size and the setbacks associated with the RA Zoning District, staff believes that this request is consistent with adjoining properties along McDonald Road as the dwellings are 40 to 50 feet from the road. The dwelling cannot be relocated or moved on this property due to the location of the drainfield and topography to the rear of the property. This variance, if granted, would result in a 27.6 foot front yard setback, a 35 foot left side yard setback, and a 15.4 right side yard setback. STAFF CONCLUSIONS FOR THE FEBRUARY 17, 2015 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. The applicant is seeking this variance in order to replace existing damage to the foundation and trusses and add a bump out for a new bedroom. The dwelling currently is not livable due to this damage. Therefore, this application for a variance meets the requirements as set forth by The Code of Virginia 1950 as amended 15.2-2309(2), and Section 165-1001.02 (C) of the Frederick County Zoning Ordinance. The strict application of the Frederick County Zoning Ordinance does produce an undue hardship as required by the Code of Virginia. Should this variance be granted, the building setbacks for this property would be 27.6 feet on the front, 35 feet left side, and 15.4 feet right side. Based on the contingent of surrounding properties and setbacks, staff would recommend approval of this variance request for the reduction of the front and side setbacks. BOARD OF ZONING APPEALS Variance Request Tracking Sheet OPEN FILE: File opened Reference Manual updated/number assigned R, a2Qj 1,S D-base updated �� 15 Location maps requested from Mapping 2 --A 15 Adjoiner list given to Planner -a8-15 Application Action Summary updated 1-5 MEETING DATE: �� ��� FINAL ACTION: 0- tee. o! -T CLOSE FILE: Approval (or denial) letter mailed to applicant/copy made for file & cc's s 00 S File stamped "approved", "denied" or "withdrawn" 10 2A f 15 Reference Manual updated a / S D-base updated (D 6 Application Action Summary updated Z� Sys ID # G 66-531/560 05 "'WILLI4M G.'MEIER.IV KATIE Y METER,:,f� OAK HILL'CANE �,130 STEPHENSON, VA '22656 20 1 J a to Ie tho e of r j ��. 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