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Home My WebLink About15-16 Traci Beatty - PIN 93-A-62 - Opequon - BackfileBOARD OF ZONING APPEALS Variance Request Tracking Sheet OPEN FILE: q a3 11 1 Lp File opened q Reference Manual updated/number assigned 9 ��S (p ®-base updated �1 a3 Location maps requested from Mapping a� (P Adjoiner list given to Planner (o Application Action Summary updated MEETING ®ATE: �� 11(s FINAL ACTION: CLOSE FILE: ip I lyh Approval (or denial) letter mailed to applicant/copy made for file & cc's 1 U l (o File stamped "approved", "denied" or "withdrawn" 10Il?j)16 Reference Manual updated l Ildl(p ®-base updated jU I(? Application Action Summary updated Sys I® # I i� .. - _.. __. �{{ u f !. I I f I 1 I ! COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 October 19, 2016 Mr. Frank Ritter 1534 E. Refuge Church Road Stephens City, VA 22655 RE: VARIANCE REQUEST #15-16 Dear Mr. Ritter: This letter is to confirm that the above -referenced variance application was approved by the Board of Zoning Appeals at their meeting on October 18, 2016. The request on parcel identified by Property Identification Number 93-A-62 as approved by the BZA to allow a 46 foot left side yard variance to a required 100 foot left side yard setback resulting in a 54 foot left side yard setback, and a 25 foot right side yard variance to a required 100 foot right side yard setback resulting in a 75 foot right side yard setback. The property is located at 1490 E. Refuge Church Road, Stephens City, Virginia in the Opequon Magisterial District. If you have any questions regarding this action, please feel free to call this office. Sincerely, r . heran Zoning Administrator MRC/pd cc: Robert Wells, Opequon District Supervisor Robert Molden and Roger Thomas, Opequon District Planning Commissioners Jane Anderson, Real Estate Commissioner. of Revenue John Trenary, Building Official Traci Beatty 1490 E. Refuge Church Road, Stephens City, VA 22655 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 • VARIANCE APPLICATION #15-16 TRACI E. BEATTY Staff Report for the Board of Zoning Appeals Prepared: October 11, 2016 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: October 18, 2016 Public Hearing; Action Pending LOCATION: The property is located at 1490 E. Refuge Church Road, Stephens City, Virginia. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 93-A-62 PROPERTY ZONING & USE: Zoned: Rural Areas (RA) Land Use: Vacant ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) South: N/A East: RA (Rural Areas) West: RA (Rural Areas) Use: Residential Use: Warren County Use: Residential Use: Residential VARIANCE REQUESTED: The Applicant is requesting a 46 foot left side yard variance to a required 100 foot left side yard setback resulting in a 54 foot left side yard setback, and a right side yard variance of 25 foot to a required 100 foot right side yard setback resulting in a 75 foot right side yard setback. REASON FOR VARIANCE: The property is 3.7 acres in size, and due to exceptional narrowness of the parcel, a structure cannot be built with the current RA (Rural Areas) Zoning District setback requirements. Variance #15-16 — Traci E. Beatty Page 2 October 11, 2016 STAFF COMMENTS: Frederick County adopted zoning in 1967. The Frederick County historical zoning map shows this property was zoned A-2 (Agricultural General) in 1967. The property setback lines at the adoption of the zoning ordinance were 3 5 feet for the front and 15 feet for the side yards. Frederick County amended its ordinance in 1989 to change the A-2 Zoning District to the current RA (Rural Areas) Zoning District. The Frederick County Board of Supervisors amended the setbacks for the RA Zoning District on February 28, 2007, making the current setbacks for this property 60 feet to the front, 50 feet to the rear, 50 feet on the left side, and 50 feet on the right side. This property does not have Building Restriction Lines (BRL) assigned to it, and would need to meet the current RA (Rural Areas) setbacks. The Applicant is requesting a 46 foot variance on the left side yard from the required 100 foot left side setback resulting in a 54 foot left side. The Applicant is also requesting a 25 foot right side yard variance from the required 100 foot right side setback resulting in a 75 foot right side setback. Should this variance be granted, the building setbacks for this property would be 60 feet in the front, 100 feet in the rear, and 54 feet left and 75 right side. STAFF CONCLUSIONS FOR THE OCTOBER 18, 2016 MEETING: The Code of Virginia 15.2-2309 (2) and Code of Frederick 165-1001.2, states that no variance shall be granted unless the application can meet the following requirements: 1) The property interest for which the variance is being requested was acquired in good faith. 2) The granting of the variance will not be a substantial detriment to adjoining property or nearby properties in the proximity of that geographical area. 3) The condition or situation of the property concerned is not of so general or recurring as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance. 4) The granting of the variance does not result in a use that is otherwise permitted on such property or a change in the zoning classification of the property. 5) The relief or remedy sought by the variance is not available through a special exception or the process for modification of a zoning ordinance. These proposed setbacks of 60 feet front, 54 foot left and 75 right side would be consistent with the character of the District; and meets the intent of The Code of Virginia 15.2309 (2) and the Code of Frederick County. This request from current setbacks of the RA (Rural Areas) Zoning District may be justified. vie SApplications Parcels Sewer and Water Service Area 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) r i^a Qis, 1 WARREN COUNTY VAR # 15 - 16 Note: Frederick County Dept of Traci Beatty Planning & Development 107 N Kent St PIN: Suite 202 93 - A - 62 Winchester, VA 22601 Left and Right Side Variance 540 - 665 - 5651 Map Created: September 26, 201 Staff: mcheron 0 100 200 400 Feet TNIS St1R1EY WAS PREPARED Vi CP A Tf1LE REPCRT AND TNWCW MAY NOT NECMARLY 2HOV ALL INCLM AN FROM Y. ACCORONG TO MMM NiTY-PANEL ND 510063 0350 D OF THE FUIRAL EYQRGENCY MANAC IENT ACB4CY R W lmaRN CE RATE MAP FTR FR=VM CQNfY, \RGNiA D4TM WEPT. 2 ZDD% TM PRa'HM St O MCM APPEARS TO CE WM ZONE 'X. MICHAEL aEATTY WARREN COUNTY � = I C, I � 6,I 11 RYAN & MARIJA HECMINCER 93-- A— 61 JOI tN & CMERYL KENNY 93— A— 59 �473�45��S PLAT SM WG 5TE4I E PROPERTI S 32a 7 22" E 2377 =2.0• TRACT C MATTY A=55.4-1 v (HST. NQ 12001306) Tx of (TAX MAP 93-A-62EAST REFUGE CMRCH ROAD I CPEQUON MAGISTERIAL I]STRICT STATE RDUIE ND 639 2 FRtEMCK COUNTY, MRCANIA SCALE 1' = 1W DATE: SEPTEMEER 14. 2016 `/OTORD LAND SUR\"N G, LLC P.O. 80X 1105 — PURCaLLMUF- VA. 20134 (540) 539-8490 wolfordb05dToo.com PREPARED FOR RTTER HOMES OF. RFATTY pa W-7- Scott Wolford No. 2184 9/14/2016 ft 4 APPLICATION FOR VARIANCE FREDERICK COUNTY, VIIRRGINIA D -23 �_ $ ( 11.1'.) Sn A �'vvc--r% C"' "I � Variance Application # 15 -16 Submittal Date 06 -qI I Fee Amount Paid Sign Deposit Paid -OFFICE USE ONLY - Submittal Deadline 9 For the BZA Meeting oe l0 0i3 1 Initials: T D Receipt # 5 4 ( d l (p MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner 1-1 other [4 . (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: Frank Ritter ADDRESS: 1534 E. Refuge Church Rd. Stephens City, VA 22655 TELEPHONE: 540-974-9124 OCCUPANT: (if different) NAME: Traci E. Beatty ADDRESS: 1490 E. Refuge Church Rd. Stephens City, VA 22655 TELEPHONE: ,Sya - 3 .2,7 ?/6 3 3. The property is located at (give exact directions and include State Route Numbers): East Refuge Church Rd., State Route No. 639 Located 0.7 miles northwest of the intersection with Double Church Rd. 4. The property has a road frontage of 177.53' feet and a depth of 932.1 s' feet and consists of acres (please be exact). 5. The property is owned by Traci E. Beatty as evidenced by deed from Michael Paul Beatty recorded (previous owner) in deed book no. on page or instrument number 120013062 of the deed books of the Clerk 7 n -I • S E P 2 3 2016 FREDERI �K _GL' °'' so of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: Gpequon 7. Property Identification Number (P.I.N.): 93-A-62 8. The existing zoning of the property is: RA V The existing use of the property is: vacant 10. Adjoining Property: USE North Matthew & Andrea Greene East Ryan & Marija Hechinger South Michael Beatty (Warren County) West John & Cheryl Kenny ZONING RA RA RA 11. Describe the variance sought in terms of distance and type. (For example: "A 3.5' rear yard variance for an attached two -car garage.") Encroach on the 100' BRL 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 Op- The use or development of property immediately adjacent thereto Narrowness of the property makes it impossible to honor the existing setback requirements on the side property lines 8 Ei 100 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 Ryan & Marija Hechinger 1450 E. Refuge Church Rd. Stephens City, VA 22655 Property # 93-A-61 Name Michael Beatty /`�Qv e�e- Chu.,&h, A? (��'� C` VA Property# Warren County Name John & Cheryl Kenny 1583 E. Refuge Church Rd. Stephens City, VA 22655 Property # 93-A-59 Name Matthew & Andrea Greene 1411 E. Refuge Church Rd. Stephens City, VA 22655 Property # 93-A-63A Name Property # Name Property # Name Property # Name Property # 0 so I*• AGREEMENT VARIANCE # (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) dam 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. SIGNA DATE SIGNATURE OF OWNE DATE 9 2Q !(o (if other than applic t) -OFFICE USE ONLY- BZA PUBLIC HEARING OF ACTION: -DATE- APPROVAL DENIAL SIGNED: CHAIRMAN DATE: 16 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 12001.3062 O W �D rV THIS DEED made and entered into this day of November, 2012, by and between MICHAEL PAUL BEATTY, party of the first part, Grantor, and TRACI E. BEATTY, party of the second part, Grantee, whose address is 115-12 Brookland Terrace, Winchester, VA 22602. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid and other good and valuable consideration, the receipt of all of which is hereby acknowledged by Grantor, the said Grantor does sell, grant and convey, with General Warranty of Title and the usual English Covenants unto the said Grantees, as tenants by the entirety with rights of survivorship, the following described real estate, to - wit: All that certain tract or parcel of land, together with all improvements thereon, if any, and appurtenances thereunto appertaining, known and designated as Parcel A, containing 3.788 acres, more or less, which is situated in the Opequon Magisterial District of Frederick County, Virginia, as shown on that certain survey dated February 16, 2008 by Michelle Biller, L.S., and recorded in the Circuit Court of Frederick County as a part of Instrument Number 080002373. AND BEING a portion of the same property conveyed to the Grantor here, by deed dated the 6th of April, 2010 from Michael Beatty and Ilona Beatty, husband and wife, and recorded in the aforesaid Clerk's Office as Instrument Number 120006751. TAX MAP ID: 93-A-62 0 Reference is here made to the aforesaid instruments and the references contained therein for a further and more particular description of the property conveyed herein. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty. WITNESS the following signature and s (SEAL) /MiC h I p9atty STATE OF VIRGINIA County of Warren, to -wit: I, ►n u , a Notary Public in and for the State of Virginia, large, do hereby certify at the Michael Beatty, whose name is signed to the foregoing Deed did personally appear before me and acknowledged the same in my state and jurisdiction aforesaid. Given under my hand this _,ga day of —N)3gIpte- , 2012. Notary Pu THIS DEED PREPARED BY: " *{ David W. Silek, Esquire Ours & Silek, PLC qp 9306 Grant Street Manassas, benefit of tle examination o�h�, N• Consideration: $15,000.00 vIRG1NIA: FRjDERICKCOUNTY.SCr. this instrument of writing was produced to me on at and with certificate acknok� lcdgement thereto anncxed was admitted to record. "Tax imposed by See. 58.1-802 of SZ22�L4 and 58.1-801 have been paid, if assessable. 46e.4 1. , Clerk COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING October 4, 2016 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #15-16 OF TRACI E. BEATTY On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, October 18, 2016, 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 #15-16 Traci E. Beatty, for a 46 foot left side yard variance to a required 100 foot left side yard setback will result in a 54 foot left side yard setback and a 25 foot right side yard variance to a required 100 foot right side yard setback will result in a 75 foot right side yard setback. This property is located at 1490 East Refuge Church Road, Stephens City, Virginia and is identified with Property Identification Number 93- A-62 in the Opequon 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, �Ch'e Zoning Administrator MRC/pd 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on t'014 16 from the Department of Planning and Development, Frederick County, Virginia: - - — ---- - - -- - -- _ — - - 93 - A• • 63•A 93 - A- - 62• GREENE MATTHEW JAMES BEATTY TRACI E it GREENE ANDREA LYNN 1490 E REFUGE CHURCH RD 22655 5755 1411 E REFUGE CHURCH RD STEPHENS CITY STEPHENS CITY VA 22655.5745 I HECHINGER RYAN HECHINGER MARIJA 1450 E REFUGE CHURCH RD STEPHENS CITY VA 22655.5755 93 - A- - 59- KENNEY JOHN KENNEY CHERYL 1583 E REFUGE CHURCH RD STEPHENS CITY VA 22655-5746 ark R. Cheran, foning & Subdivision Administrator Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FR,E'�DERICK I, -Pk Jq-� , a Notary Public in and for the State and County aforesaid, do hereby certify that Mark R. Cheran, Zoning & Subdivision Administrator for the Departmen of Planning and Development, whose name is signed to the foregoing, dated / o ZL z l (_ , has personally appeared before me and acknowledged the same in my State and=County aforesaid. Given under my hand this Ll� day of C�i eC� l4 My commission expires on Jz Z-,Q)) NOTARY JUBLIC PAMALA DEETER NOTARY PUBLIC REGISTRATION # 354474 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES DECEMBER 31, 2017 Qi rN L c- t-i cJz_ To: Barbara Data Processing From: Pam -Planning Dept. Pleas print I;L gets of labels byg Ilo Thanks! 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 Ryan & Marija Hechinger 1450 E. Refuge Church Rd. Stephens City, VA 22655 Property # 93-A-61 Name Michael Beatty I L190 6 e_C_ Chu, -,-A 4-e-Pr s 4, VA Property# Warren County Name John & Cheryl Kenny 1583 E. Refuge Church Rd. Stephens City, VA 22655 Property # 93-A-59 Name Matthew & Andrea Greene 1411 E. Refuge Church Rd. Stephens City, VA 22655 Property # 93-A-63A Name Property # Name Property # Name Property # Name Property # � 9 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING October 4, 2016 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #15-16 OF TRACI E. BEATTY On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, October 18, 2016, 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 #15-16 of Traci E. Beatty for a 25 right sidg yard variance to a required 100 foot right yard setback will result in a 75 foot right-�arct and 46 left side yard variance to a required 100 foot left'rard setback will result in a 54 foot Ce -yard. This property is located at 1490 East Refuge Church Road, Stephens City, Virginia and is identified with Property Identification Number 93-A-62 in the Opequon 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 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000 f 15-1 C0 bra-6fi� �q3-A- La 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 Narne Ryan & Marija Hechinger 1450 E. Refuge Church Rd. Stephens City, VA 22655 Property # 93-A-61 Name Michael Beatty 149() 5' e e- Ch0r&h . 4-e-S VA Property # Warren County Name John & Cheryl Kenny 1583 E. Refuge Church Rd. Stephens City, VA 22655 Property # 93-A-59 Name Matthew & Andrea Greene 1411 E. Refuge Church Rd. Stephens City, VA 22655 Property # 93-A-63A Name Property # Name Property # Name Property # FNarmne 9 N w REQUESTING AGENT: F", 01- F C 0- P DEFT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY, VIRGINIA GIS, MAPPING, GRAPHICS WORK REQUEST DATE RECEIVED: r REQUESTED COMPLETION DATE: to LI ID, (yj 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) �Clvk' o)Lo �a� 1 an cE -H7 15- /CO A a Fro -CI ica H y 7P n C13 a - C, 8L 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 BILLED: METHOD OF PAYMENT: AMOUNT PAID: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) voy (6 nC-e- l ('-' Ci, 12i jI> • Document Approval Form �f SEP 2 2016 L FREDERiCK Ct'' 'T PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL. PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED. Initials Date & Time Candice Mark D Tyler Mike John COMMENTS: LA,) / ()JV� C Received by Clerical Staff (Date & (S:Office on Blackbox\Forms\Document Approval Form —6/7/2016 ) qla3 /� )i 3i