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HomeMy WebLinkAbout04-16 Jordan & Joan Casteel - PIN 75F-4-193 - Opequon - BackfileBOARD OF ZONING APPEALS Variance Request Tracking Sheet OPEN FILE: 11 File opened 1-D Reference Manual updated/number assigned I4 � D-base updated (r Location maps requested from Mapping 1 1 (r) Adjoiner list given to Planner Application Action Summary updated MEETING DATE: FINAL ACTION:gAgQ (177� 4 C( CLOSE FILE: `Z 1(v Approval (or denial) letter mailed to applicant/copy made for file & cc's File stamped "approved", "denied" or "withdrawn" /(p Reference Manual updated l b D-base updated U as I i Application Action Summary updated ql(v 115, Sys ID # NOTES RECEIPT ►� 984�290 DATE — NO. RECEIVED FROM 'j� dc\-n 1 �,e.e 1 ADDRESS ,j Co 1 1 1�t r, C� r 1 , (c� s l'% ���C c�,-�k Vk � 1 V--Q L,Ly `) lI 1'lcl r E (�►(l ►'rL Y S (U 1 CI C? ( � FOR " \/ ck-lT 1 C 1"1C #L'1� - I (CAS C.,i`IC-Y' do" ACCOUNT HOW PAID AMT. OF ACCOUNT CASH AMT. PAID („ 0c, CLi CHECK ( BALANCE MONEY DUE ORDER ,�,Trl 4 --1s i- -I Icl ©2001P-w—F0R—m.0,R 81-818 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 June 22, 2016 Mr. Jordan Casteel Mrs. Joan Casteel 105 Chardonnay Dr. Stephens City, VA 22655 RE: VARIANCE REQUEST #04-16 Dear Mr. and Mrs. Casteel: This letter is to confirm that the above -referenced variance application was approved by the Board of Zoning Appeals at their meeting on June 21, 2016. The request on parcel identified by Property Identification Number 75F-4-193 was approved by the BZA to allow a 2 foot rear yard variance to a required 25 foot rear yard setback resulting in a 23 rear yard setback. The property is located at 105 Chardonnay Drive, Stephens City, VA in the Opequon Magisterial District. If you have any questions regarding this action, please feel free to call this office. Sincerely, 440 Ch an 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 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 E Pam Deeter From: Mail Delivery System < MAILER- DAEMON @co.frederick.va.us> To: robertwells946@comcast.net; molden.fredcogovpc@icloud.com; rthomas.fredcogovpc@icloud.com Sent: Wednesday, June 22, 2016 11:20 AM Subject: Relayed: BZA Variance Request Approval Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: robertwells946@comcast.net molden.fredcogovpc@icloud.com rthomas.fredcogovpc@icloud.com Subject: BZA Variance Request Approval VARIANCE APPLICATION #04-16 JORDAN AND JOAN CASTEEL Staff Report for the Board of Zoning Appeals Prepared: June 10, 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: June 21, 2016 Public Hearing; Action Pending LOCATION: The property is located at 105 Chardonnay Drive, Stephens City MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 75F-4-193 PROPERTY ZONING & USE: Zoned: RP (Residential Performance) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RP (Residential Performance) Use: Residential South: RP (Residential Performance) Use: Residential East: RP (Residential Performance) Use: Residential West: RP (Residential Performance) Use: Residential VARIANCE REQUESTED: The Applicant is requesting a 1 foot rear yard variance to a required 25 foot rear yard setback resulting in a 24 foot rear yard setback. REASON FOR VARIANCE: To allow for a sunroom addition to an existing deck. 0 • Variance #04-16 — Jordan & Joan Casteel Page 2 June 10, 2016 STAFF COMMENTS: This application is a variance to allow for a one (1) foot encroachment into the rear setback. The property is zoned RP (Residential Performance) and has a square footage of 12,000 sq. ft., with a single-family dwelling built on the property. The Frederick County Zoning Ordinance allows for lots in the RP Zoning District to range in size from 100,000 sq. ft. to 3,000 sq. ft. Section 165-65 C of the Frederick County Zoning Ordinance, requires setbacks to be: 35 feet front, 10 feet sides, and 25 feet rear. A building permit (# 1969-2014) was issued for a dwelling that was built in 2015 with setbacks of. Front-35' Sides-10' Rear-25'. The Applicant currently has an existing deck on the rear of the dwelling. Frederick County amended its zoning ordinance in 2012 to allow property owners to build unroofed decks at rear setback of 15 feet. This allowed for a 10 foot difference from the original rear setback of 25 feet for unroofed decks, stoops landings, and similar features to be built without having to apply for a variance. Prior to Frederick County amending the zoning ordinance an addition of a deck would not allow a variance would not be granted as the deck did not meet the ordinance. This ordinance change lessened the applications for variances for decks. The addition of a sunroom of this property does not meet the requirements for a variance, as the ordinance was amended to allow for relief unroofed decks. The applicant should have had the contractor check the Frederick County Zoning Ordinance prior to designing for this sun room. The Applicant can make the current deck smaller or design the sunroom to fit the setbacks. As noted the Applicant understands the deck currently meets setbacks, and payment of a contract does not constitute a variance. STAFF CONCLUSIONS FOR THE JUNE 21, 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. 0 • Variance #04-16 — Jordan & Joan Casteel Page 3 June 10, 2016 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. The granting of this variance would violate the spirit in which the Ordinance was amended to allow for decks in the RP Zoning District. The Applicant should design the sunroom to fit the setbacks as noted within the Ordinance. Furthermore, the dwelling was constructed in 2015 with a rear setback of 25 feet; three years after the Ordinance was amended. Therefore, Staff would recommend denial of this variance application to the RP setback requirements. The issuing of this variance would de facto changing the Frederick County Zoning Ordinance, which outside the purview of this body. 4Y9 ALBIN DR 424 ALBIN DR Am frn Applications 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) �r 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) 428 ALBIN DR 103 C-ABERNE1 lol t VAR # 04 - 16 Note: Frederick County Dept of Jordan and Joan Casteel Planning & Development 107 N Kent St PIN: Suite 202 75F - 4 - 193 Winchester, VA 22601 Rear variance 540 - 665 - 5651 Map Created: May 17, 2016 Staff: mcheron 0 30 60 120 Feet 1 VAR # 04 - 16 4 ALBIN Jordan and Joan Casteel PIN: �rr 75F-4- 193 Rear Variance 423 CBIN DR 424 ALBININ DR 102 OCHARDONNAF DR 104 ' Iu CHARD ONNA ?6 v3 N'DR p. 'I CHARD 4 IhCHARDONNAY DR • I08 ............... HARDONNAY DR � l...+ 110 CHARDONNAYDR t ERY 343 JMONTGOMERY 0 V14 ,BERNET LT vvgrk- t ip .i Variance Application # C)q-1 Submittal Date a - 1--2 - 1 le Fee Amount Paid $ Ll Oy Sign Deposit Paid r ' APPLICATION FOR VARIANCE MAY 1 2 2016 FREDERICK COUNTY, VIRGINIA HEDERICK COUNT't JNING AND 1- -OFFICE USE ONLY - Submittal Deadline IS2 For the BZA Meeting of 1 Initials: S Receipt # V MUST BE TYPED OR FILLED OUT IN INK — PLEASE PRINT 1. The applicant is the owner Iy l other F-1 . (Check one) Please list all owners, occupants (adult individuals as well as any entities occupying the property), or parties in interest of the property. 2. APPLICANT: OCCUPANT: (if different) NAME: Jordan and Joan Casteel NAME: ADDRESS: 105 Chardonnay Dr. ADDRESS: Stephens City, VA 22655 TELEPHONE: 540-508-4936 TELEPHONE: 3. The property is located at (give exact directions and include State Route Numbers): I From 1-81 exit 307, take Fairfax Pike (Route 277) east to Warrior (Route 719), then North on Warrior to Chardonnay (Route 1540), then west on Chardonnay two blocks to address 105. The property has a road frontage of 121.91 feet and a depth of 96.51 to 133.67 feet and consists of 0.275 acres (please be exact). The property is owned by Jordan B and Joan L Casteel as evidenced by deed from Eagle Place Homes & Remodeling, LLC recorded (previous owner) in deed book no. on page or instrument number 150010868 of the deed books of the Clerk 7 fle of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: Opequon 7 7 Property Identification Number (P.I.N.): 75F 4 193 The existing zoning of the property is: RP The existing use of the property is: Single Family Dwelling 10. Adjoining Property: North East South West USE Single Family Dwelling Single Family Dwelling Single Family Dwelling Single Family Dwelling ZONING RP RP RP RP 11. Describe the variance sought in terms of distance and type. (For example: "A 3.5' rear yard variance for an attached two -car garage.") A 26" by 68" right triangle variance into the 25' rear setback, for a sunroom enclosure of part an existing deck on the back of the house. Maximum penetration of the triangle into the setback would be, 24". Only this small corner of the sunroom would lay in the setback. 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 See attached pages containing merit for the variance stated per criteria required by state and local codes. 0 13. Additional comments, if any: The attached pages provide evidence that the variance application meets each and every criterion of the Code of Virginia and the Zoning Ordinance of Frederick County Virginia. We therefore respectfully request the variance to be granted. 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 See attached list. Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name. Property # Name Property # 9 OWNERS OF ADJACENT PROPERTIES TO APPLICANT (150 Chardonnay Dr) ro — Pane _ x Y * aooerty by A-11k W ber x C fredweb.co.frederick.va.us iurn li�_IJni��i'r A— %uV ted St. [� Fee no-4 D. R-P1.1er (1 Ln ot6d Fae 1E Account Owner 1 Owner 2 Property Address 43846 CASTEEL CASTEEL 00105 CHARDONNAY OR JORDAN B JOAN L (All addresses in Stephens City, VA 22655) 75F 4 193 Jordan B and Joan L Casteel (Applicant) 105 Chardonnay Dr 75F 4 159 Richard J Balzhiser & Anne E. Dewey-Balzhiser 104 Chardonnay Dr 75F 4 160 Kendall E Kendale 106 Chardonnay Dr 75F 4 161 Matthew A and Crystal R Throckmorton 108 Chardonnay Dr 75F 4 192 William F Jr and Susan M Mcguire 109 Chardonnay Dr 75F 4 194 Charles A and Ileana Escalante-MiddelHof 426 Albin Dr. 75F 4 195 Michael R II and Kristin N Dorn 428 Albin Dr 75F 4 196 Sharon L and Susan L Combs Trustees 430 Albin Dr T-1 00 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. Attachments: --List of adjacent properties and aerial photo (1 page) --Merits evidence (2 pages) --Survey with markups (1 page) --Adjacent property plat map and photos (2 pages) --Deed (2 pages) 10 AGREEMENT VARIANCE # 0 7' / 6 (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 l� DATE May 12, 2016 SIGNATURE OF OWNER (if other than applicant) DATE -OFFICE USE ONLY- BZA PUBLIC HEARING OF (!i % / to ACTION: -DATE- SIGNED: // BZA DATE: a 1 CD 11 • Notes: `a ��1 �a1' LOT 196 1. Boundary and easements shown hereon is i based on the Final Subdivision Plot recorded in lnst #050013468. 2. Topography shown was field run November ?LOT 195 6, 2014. Vertical Datum is based on , a°�, 33, \ IVAV068 usingGPS methods. 1 99 � , J. This lot is subject to easements and W P restrictions of record. S 119 ' 1 3 0 ,� a1 4. No title report furnished. Exist. N \ 1O, n/1G4L FenceExist 1 01 Fence GRADING /S TO ENSURE 11 49 1 a�. ate' O POS/TIDE ` RF ' '1�V 39�/330 E� DRAINAGE x 1a 20. id' } i 10.0' AWAY FROM Exist. 28.00' `a0�\ DWELLING. fenc `a0" 8enchmatk901 m10. Bsmt M 29.21 LOT 194 / / " LOT 193 / 15.29 r 1aoo1 12.000 3Q FT h 4? LOT 192 I ` v PROPOSED DWELLING FFE = 750.5' a1 P�a9p1 �/ GARAGE = 749.5' I N�aO BFE = 741.5' GARAGE i to ") CO 8.00' 0 S� 1/t 4 � 15.29' N 28.71 ' w' % 26.00' j1 I ------ OW (EM) C eased Pro . O ' Porch SW P/j7�DSOd \' �a1 `�. :.. `a: •' . :. �'Conc 6t5 Dive TCtLn T TCB---- 0 47 748-- f � �Ex Wot - .1 N�• '.•.kb� _, � '(47.+,f• P°� Esmk' ' .1,. ., ti 1, 7p4.19 w5c IRON ROD `- Sidewo/k Ci;. . • � - ��• f INjX''•• . 7....................' 18 W 6747 �. a (744.92) ~1a5 N 6070J 146 Ex. Entrance cut OF ACB/N DR �a1 a�� �? y. x. curb ` Ex. Inlet `a `a & Gutter 'RIM (745.31) \ah` CHARDONNAY DRIVE LEGEND 54' R/W o` ABBREVIATION FIDE NITION $z°-y EM ELECTRIC METER URVE CICI CO SANITARY CLEAN OUT ARC L= 54.44' TCB TELEPHONE CONTROL BOX RAD= 248.00'0 20 40 CHD B= N 54'03 00" IfWM WATER METER CHD L= 54.33' WP WOOD POST 1' CONTOUR INTERVAL PROPOSED GRADING PLAN A// lots in this subdivision ore subject LOT 19 J too f0' utility and OF Df drainage easement Albin Estates of Stephens City along the rights of o woy and property lines TM #75F-4-193 and a 25' utility and Owner.- James G. & Brenda M. Gibson dr allonunge easement U 9 g the front INST. J72000271J property line per the Marsh deed of dedication in Lic. No. 0 11843 Opequon District, Frederick County, Virginia lnst /050013468. t � fz�f¢ DATE: 11/11/2014 SCALE: 1" = 20' SHEET 1 OF 1 'A'D sv1t,1Sto Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 DRAWN BY.• MTM PHONE (540) 667-0468 - FAX (540) 667-0469 - EMAIL office0morshandlegge.com DWG.- 107331-LOT 19J GP CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C1 248.00' 54.44' 54.33' N 54"03'00" W 12"34'36" LOT J96 LEGEND B.F.E. BASEMENT FLOOR ELEVTION CO SANITARY CLEAN OUT F.F.E. FINISHED FLOOR ELEVATION LOT 195?rIRS G.F.E. GARAGE FLOOR ELEVATION ^ GAS METER IRON ROD RFOUND 1"1�3r 41 IRS IRON ROD SET 5s PIN 75F4-193 z TRB TELEPHONE RISER BOX LOT 193 x TVR8 TELEVISION RISER BOX X- 12,000 SO. FT. WM WATER METER IRS 25.0' . . b23.0' �..�_........ 25 gR, Z ,`m id �/ *'.l 10.1' C13�� p co � a9s a 26.1 FRAME DECK/P00--SUnroom 3.0 49 - $, IRS Ar.. "' ",�,° � rear wall 10 0' in 15.9 5-7 ,Ati cA� 15.3 B.F.E. (742.21) Setback variance / (triangle) n ONE cA LOT 194 W/ °/ FRAME DWELLING o>t `" #105 GM n o F.F.E. (750.93) ' 7•8' G.F.E. (749.45)41 28.4' v °CO -i 26.0' n , 16.0' 4 , 740 - ��_. �.-•..__yam_ Tmm L° EX. 13' W&7ER E�SFMENT ° t 14 >........ r' 146 �� �.... _.. 4 AC81N IN r IRS _ 0 _ _ IRF �. h1 0 C1 7 CONC. WALK ,N 60"20'18" W 67.4r f ra C TRIM 7 49TT ! A NOTES: 1. BOUNDARY INFORMATION SHOWN IS BASED ON A FINAL SUBDIVISION PLAT RECORDED AS INSTRUMENT NUMBER 050013468. 2. TOPOGRAPHIC INFORMATION IS BASED ON AN ACTUAL FIELD SURVEY COMPLETED JUNE 22, 2015. 3. NO TITLE REPORT FURNISHED; THEREFORE EASEMENTS OR ENCUMBRANCES MAY EXIST THAT ARE NOT SHOWN HEREON. HOUSE LOCATION SURVEY ALBIN ESTATES OF STEPHENS CITY LOT 193 INSTRUMENT NUMBER 120002713 OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY. VIRGINIA CHARDONNAY DRIVE 54' R/W 0 20 40 SCALE: 1" — 20' 1' CONTOUR INTERVAL DATE: 06/25/2015 1 SCALE: 1"=20' I SHEET 1 OF 1 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER VIRGINIA 22601 PHONE (540) 667-04M - FAX (540) 607-OW - EMAIL Mm@mwsft daW.com TH O OF ,�. —S.W. Marsh Lic. No. 001843 �r.ND SURv$�.cif DRAWN BY: CAJ DWG NAME: ID7331-Lot 193 HLS LOT 196 m 4,`1 15.821 SF I o I 4 LOT 195 �v_ ? -DRAIN. �. �j ,tiro 3 12 012 SF ESMT. O- 0. R� - 78 5--7 `s LOT 194 w, Sunroom to fit o 13.195 SF 5�0��" �I within footprint of � a'� LOT ! existing deck on �m 12.00o sF r back of house. but slightly encroaching rear WATER ESMT, setback. C5 7 6 7.47' _ c8 S60'20'18'E 307.11 (TOTAL) S�� $ CHARDONNAY DRIVE S60-20'18'E .d- Plat map for Lot 193, 105 Chardonnay Dr., showing neighboring setbacks. Photo of existing deck to be enclosed into a Four Seasons sunroom DeckPhotos.docx P1 of 2 5/11/2016 6:01:00 PM Green string shows 25' setback line. Tape shows outline of encroaching triangle. Rulers show triangle length height CAD Drawing of Four Seasons components of our sunroom DeckPhotos.docx P2 of 2 5/11/2016 6:01:00 PM County of Frederick, Virginia 107 North Kent Street Winchester, Virginia 22601 Lien Agent: BANKERS TITLE SHENANDOAH 202 NORTH LOUDOUN STREET 22601 540-678-8200 WINCHESTER, VA BUILDING PERMIT Permit Number: 0001969 - 2014 USBC: 2009 Application Date: 10/31/2014 Issuance Date: 11/19/2014 Renewal Date: Date: 2/26/2015 , I � -s T7Q;': w GIBBON, JAMES G Eagle Place Homes & ReMod GIBBON, BRENDA M 105 ate` iinay PO BOX 1866 107 COOL SPRING DR Winchester, VA 22604 STEPHENS CITY VA 22655 PHONE: 540-974-0465 0"A' :PHONE: 540 974 0465 RE Account 00043846 Health Permit is ReSlq&mm.Perfdr.. C New Map 11111111111111ber: 75F 4 193 Floodplain: --W" of. Wv 'Ongie Family Dwelling Lot: 1193 Area: X% 2550 section: District: OPEQP(* Mom W. ....... ......... 35' Back: 25' Center. Building Sub -Division: ALBIN E%TA_- SITES,; v Left. 19 Frontage. .. ........ ...... Directions To Site: Take Route 522 South, right 0ll.".1 tier teft i30. V .... .. right on Chardonnav, on right W x. $OB VALU33: 250,000.00 **SETBACK SURVEY REQUIRED" R Map Book Page 261, Grid A J 0-7 C?-0 411 VBTMT PER: I-,teTnm 14LI .4 1.wrge CP W, 325� -10 . . . . . . . . # STORIES 1 BLDG. SIZE 78 X 52 31� BSNr SO FT MfF 25SO TOTAL RX K, N. `y ": w .......... 4" 144. -x NOTE FORCE SX30 a 150 SO ST NOTE TOTAL FEES: .NOTE NOTE I hereby agree CO ccaply with all Provisions of the Virginia ....... ... Uniform Statewide buildl cwk and the 7-1 & Subdivinion oxdina=es as adopted by the sty of Frederick. - —Nam. tmder Freedom of Inf. Act plane can be secured 1q= Jim-:> 0oDI tcwature) sullalng e offic I zoning Administrator StRM SUANDAMS MQUIRM? m P"FM um EM70M C.O. YES 4Qv u- AVOW: Date Date Drnuam srrx PLAN Rauunw? YES NO ntrrIAL: I IN FLOODPLAIN - Appilcant (Please Print) NOT LOCATED County Of Frederick, Virginia 107 North Kent Street Winchester, Virginia 22601 Lien Agent: Setback Report III 1111111111111111111 111 111111111111111111111111f 111 Permit Number: 0001969 - 2014 USBC: 2009 Application Date: 10/31/2014 Issuance Date: Renewal Date: Date: 11/03/2014 ........... ........... ........................ OWNER GIBSON, JAMES G GIBBON, BRENDA M -CWay 107 COOL SPRING DR A0 t ISTEPHENS CITY VA 22655 I PHONE: 540-974-0465 %,--.-.-..�..:f 0 000 PHONE: 00 0000 'T New RE Account 00043846 Health Pei -11. to i MaP NUMbOr 75F 4 193 Floodplaln: '.A r. cup 0" '�jnqi e Family Dwelling Lot: 193 Area: Frededl:6649% `2 550 ....... District: OPECWCO .... 25' 35' Back: Center -Division Sub-Divislacli: ALBIN E*M U" c6iw 1(y Left: 1(y Frontage: . ..Sub . ..... ----------- Directions To Site: Take Route 522 South, right o 0 --'''--0-0'1-# Off., right on *SETBACK Charclonnay, on right.. SURVEY REQUIRED**.,.•P. . ... . : %1O)B VALUE: -3 Map Book Page 261, Grid A —xm, X* . . . . . . . . . . . . . �.g 4kXMXT PER: MIAN MIN. SETBACK FRONT 35' W Q R ECEIVED • LEFT 10' U p -s % . JUL 0 2 2015 m ff . X � v Frederick County Public Works & InsPections �::t '%Z�0 ... ... V�' TOTAL FEES: =—M =P�LP r* 6C' EC� . . . .. . ...... ...... - :*-'g -, -'g- 46 . ...... ....... . i M 14 1 A 0 u W. MARSH W= OF gmvRy: d1j3fir SM%L Lic. No. 1843 whcx: Z5. J z?, 15" A Icant tSIgnature) Bulicling code Official Zoning Administrator RIGIT, J0. / % 9�'D Sv'Rv 'Date Date Date LIFT: 110, 0 Applicant (Please Print) 0 U Merits of Variance Application for 150 Chardonnay Drive Sunroom The following evidence is provided in a format to clearly show that this application meets all the criteria for approval of a variance per the Code of Virginia and the Frederick County Virginia Zoning Ordinance. 1) The property was acquired in good faith, and the hardship was not created by the applicants. The property was purchased on Nov 2, 2015. Our purpose was to relocate from Roanoke, VA, into a downsized lot and retirement home. a) At the time of purchase, our desire to enclose the existing deck was discussed with the real estate agent and builder/seller, neither of whom spoke of any potential restrictions. b) The plat map for Albin Estates shows a 25' rear setback requirement, but in the HOA packet required by the Code of Virigina for property buyers, the HOA stated there were "No violations. All plans submitted have been approved." We interpreted this to mean the existing deck met the 25' setback. c) When the sunroom contractor provided the quote for the sunroom, he indicated based on extensive experience in various Virginia localities that no code issues were foreseen. d) At closing, it was certified by the builder/seller that no survey was available, and that there were no known encroachments. In fact a survey does exist and was provided to us by the builder on April 29, 2016. This survey is included in this application and shows the deck encroaching on the 25' setback line, but well within the allowed 15' setback for uncovered decks on a 12,000 square foot lot. This survey led to the first indication to us that an approximately 6' wide, 2' deep triangle in a corner of the proposed sunroom would encroach into the required 25' setback for a covered deck. 2) Strict application of the setback regulations unreasonably restricts the utilization of the property a) In comparison to similar properties, the proposed sunroom would be allowed on a lot just one square foot smaller than ours (or just 1/8" shallower), as its rear setback requirement would be 20' (for lots not meeting the minimum 12,000 square feet of the 25' regulation). b) The proposed sunroom would also be allowed on a lot just two feet deeper at the shallowest end, or just a few square feet larger. The regulation unreasonably restricts the use of our property because its size and shape fall into a crack that does not exist for slightly smaller or slightly larger lots. 3) Granting the variance would alleviate a hardship relating to the improvement. a) The sunroom is to be constructed using glass roof and wall panels from Four Seasons Sunrooms, a premier manufacturer of quality sunrooms. It is not feasible to modify these panels to fit within the angle of the setback restriction that cuts across the deck. (See drawing included with application). b) Moving the entire sunroom back enough to clear the 6' by 2' triangular encroachment would reduce the depth of the sunroom enough to unreasonably restrict utilization of the sunroom. c) Alternately, removing just the encroaching section of the sunroom also restricts utilization due to reduced depth and loss of an operable window on the side of the sunroom. The approach would also require special customization and would reduce the natural appearance of the improvement. d) As retiring baby boomers, we were attracted to the house for its ADA compliant construction. The sunroom will provide medical and enjoyment benefits in a safe, conditioned, easily accessible environment. To meet this future need, the sunroom needs sufficient depth to facilitate handicapped maneuverability. 4) Granting the variance will not be detrimental to adjacent properties. a) Of the 7 adjacent homes listed in this application, only 3 have any view of the existing deck or its proposed sunroom. VarianceAppMerits.docx P1 of 2 May 11, 2016 Merits of Variance Application for 150 Chardonnay Drive Sunroom b) The sunroom will provide a degree of privacy mutually beneficial to the owners and the adjacent properties on the rear and side. c) For the side neighbor, who has a corner lot with a 2 story deck overlooking our rear yard, our proposed rear setback variance will have no effect on the distance from the sunroom to the mutual property side boundary. d) For the nearest rear neighbor, the perpendicular distance from the rear of the proposed sunroom to the rear mutual property line is 25' at the shortest point. Their house and our house including the sunroom are at least 50' apart at all points. It is only due to the oblique angle of the property line that there would be a small encroachment into the rear setback. There is no detriment to the view. e) The remaining adjacent property meets ours only at a rear corner that is more than 50' from the location of the sunroom encroachment, and the houses are at least 50' apart, so there is no detriment to their view that would be created by the variance. f) On behalf of the entire Albin Estates subdivision, the HOA has approved the proposed sunroom. 5) Situation of the property is not so general as to dictate a zoning ordinance change. a) At 12,000 square feet, the lot is the smallest size allowed in the Albin Estates subdivision, and the smallest size for which the ordinance requires a 25' rear setback. The rear property line is oblique (20.90 with respect to the street, rear wall of the house, and proposed sunroom). These two factors result in a shallow depth for the lot of only 96.5' at one end. A rear setback ordinance based on a percentage of the depth of the lot instead of on fixed lot area increments might more fairly accommodate shallow lots, but should not be considered instead of granting a variance for a small number of cases. 6) Granting the variance is not detrimental to the use of the lot, nor changes its zoning. a) The requested variance is for a 26" by 68" right triangle (72.8" hypotenuse, 24.3" height, 6.14 square foot area) to encroach the 25' setback for a covered deck. The length of the rear lot line is 99.33'. Hence the encroachment area is less. than 0.3% of the approximate 2400 square foot rear setback area. This has negligible impact on lot coverage, drainage, or any other usage and does not affect its zoning. b) The use of the lot would be unchanged from the use available to other properties in the subdivision that have slightly deeper or larger lots. c) The sunroom contractor has encountered similar projects having minor rear setback encroachments in Roanoke City, Roanoke County, and other localities governed under the Code of Virginia, and variances have been granted in these projects having similar negligible detrimental impact. 7) A Conditional Use Permit is not appropriate. a) The sunroom is a permanent improvement which should not be subject to conditional use restrictions such as a limited duration or periodically renewed permit. b) A variance, per the Code of Virginia section 15.2-2201 is appropriate for a reasonable deviation from regulations of a structure to permit reasonable utilization of the property in a manner already allowed on other properties, not contrary to the purpose of the regulation, and not including a change in primary use of the property. We have shown a preponderance of evidence in this application, that meets each and every criterion for a variance as set out in the Code of Virginia §15.2-2309 and the Frederick County Virginia Zoning Regulation §165- 1001.02. We hereby request the Board of Zoning Appeals to grant this variance. VarianceAppMerits.docx P2 of 2 ., May 11, 2016 '150010868 `-0 DEED THIS DEED, made this c9� {day of. 1VOVeW, ,U 2015, by and between Eagle Place Homes & Remodeling, LLC, a Virginia limited liability company, GRANTOR; and Jordan B. Casteel and Joan L. Casteel, Husband and Wife, GRANTEES; WITNESSETH: THAT, for and in consideration of the sunk. of TEN DOLLARS ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, the GRANTOR. does hereby grant, bargain, sell and convey, in fee simple and with General Warranty and English Covenants of Title, unto the GRANTEES, as Tenants by the Entirety with the right of survivorship, .the following property: - All that certain lot or parcel of land, lying and being situate in Opequon Magisterial District, Frederick County, Virginia, described as . Lot. 193, Section 4, ALBIN ESTATES of Stephens City, and more particularly described by plat and survey drawn by Randy A. Stowers, L.S., dated November 5, 2004 and revised March 23, 2005 attached to the Deed of Dedication dated June 3, 2065 of record in the Office of the Clerk- of the Circuit Court of Frederick County, Virginia as instrument Number 050013468. AND BEING the same property conveyed to the Grantor by Deed dated December 5, 2014 and recorded as Instrument Number 1.40010336, in the aforesaid Clerk's Office. This conveyance is made subject to covenants, conditions, restrictions,, easements and rights. of way of record. Consideration: $372,500.00 , Assessed Value:$k40=69-66-'j,7b? Talc Map: 15F 4 193 Insured By: Old Republic National Title Insurance Company Grantees' address: 105 Chardonnay Drive, Stephens City, VA 22655 _.......- ... _.................. ..... .............. . . . ............_......__........_....._._.._,_ _ c' c� c.n The GRANTOR covenants that said GRANTOR. has the right to convey. the. . aforesaid property; that the GRANTOR has done. no act to encumber said property; that the GRANTOR will execute such f rther assurances as may be requisite.. WITNESS the following signature_ and seal: Eagle Place 6s 8z Remodeling, LLC ' (S eal) ames G. ibson, sole member STATE OF VIRGINIA CITY OF .WINCHESTER L the undersigned, a Notary Public in and -for the jurisdiction aforesaid, ' do certify that James G. Gibson, sole member of Eagle, Place Homes &Remodeling, LLC, whose name is signed to the foregoing document, acknowledged the same before me this day of f6V. ,2015. arY My Cbminission Expires: � ��� ►tests+vn o' n►n,a Registration #: `iGj��y Cnmm�rylPubllc tan 14o. 752939 Prepared by and return to: Briel PC Attorneys Michael E. Briel VSEW 28003 12 W. Gerrard Street Winchester, VA 22601 VA 15-10-13 60 Q01nm1 pgl3ot S �''r' �,y C,tittlml�l�n VIRUINIA: F—'-DERICK COUNTY.SC.L, This"istrument of writing was produced to me on ♦viih at 3 .23 ipM M. CertifiGat uckn., - .'ccinement thereto annexed �tt�atted to rveord. -I-M unposed by Sec. 58.1-e,02 of and 5&1-801 have been paid, Ir asselmable. 9 MAY 1 2 2016 3AJG !1a) C;v:;'J�a nDocument Approva Form nr t PLEASE REV£EW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE BATE AND TIME OF FOUR APPROVAL. IF TIIfS DOCUMENT DOES NOT MEET BOUR APPROVAL PLB,4SE FAO VIBE CGMAfENTYAS TO WMf4T YOU WOULD LIKE TO HAVE COMPLETED. Initials Date & Time Candice 1Vla�rk Dave Eric Mike John COM3MNTS: UO 01 (� Received by Clerical Staff (Date & Time): (S:Offce on BlackboxWormsWocument Approval Form—12/27/13) .0 0 O/o/ / `(- E COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING June 7, 2016 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #04-16 OF JORDAN AND JOAN CASTEEL On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, June 21, 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 #04-16 of Jordan and Joan Casteel for a 1 foot rear yard variance to a required 25 foot rear yard setback will result in a 24 foot rear yard. This property is located at 105 Chardonnay Drive, Stephens City, Virginia and is identified with Property Identification Number 7517-4-193 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, er Zoning Administrator MRC/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to ce •tify that the attached correspondence was mailed to the following on io ' Cy from the Department of Planning and Development, Frederick County, Virginia: 75F - 4• 194- MIDDELHOFCHARLES A 75F 4 193 ESCALANTE-MIDDELHOFILEANA CASTEEL JORDAN B 143 OLD FOREST CIR CASTEELJOAN L WINCHESTER VA 22602-6627 105 CHARDONNAY DR 75F - 4- - 195- STEPHENS CITY VA 22655 _ DORN MICHAEL ROBERT II 75F - 4- - 159- DORN KRISTIN N BALZHISER RICHARD JOSEPH 428 ALBIN OR DEWEY•BALZHISER ANNE ELIZABETH STEPHENS CITY VA 22655.5946 104 CHARDONNAY DR - --- - 75F - 4- • 196- STEPHENS CITY VA 22655.5939 - - COMBS SHARON L TRUSTEE 75F - 4- -160• COMBS SUSAN L TRUSTEE SELLERS KENDALL E 430 ALBIN DR 106 CHARDONNAY DR STEPHENS CITY VA 22655.5946 STEPHENS CITY VA 22655.5939- 1 75F -4- - 161- THROCKMORTON MATTHEW AARON THROCKMORTON CRYSTAL R 108 CHARDONNAY DR STEPHENS CITY VA 22655.5939 75F - 4- - 192- MCGUIRE WILLIAM F JR MCGUIRE SUSAN M 109 CHARDONNAY OR STEPHENS CITY VA 22655.5940 ark R. Cheran, Zoning & Subdivision-A-dmini-strator Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK I,Qvyttio�%,� 1L &.' , a Notary Public in and for the State and County aforesaid, do hereby certify that Mark R. Cheran, Zoning & Subdivision Administrator for the Depart ent of Planning and Development, whose name is signed to the foregoing, dated Co 7 1 L , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this `� day of (,� (,vy`>Z a. 0 / �p My commission expires on L)Q- �" 3 1, --tz y ) "1 NO ARY PUrNW, DEETER PUBLIC REGISTRATION # 354474 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES DECEMBER 31, 2017 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING June 7, 2016 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #04-16 OF JORDAN AND JOAN CASTEEL On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, June 21, 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 #04-16 of Jordan and Joan Casteel for a j foot rear yard variance to a required ZS—foot rear yard setback will result in aP,9 foot rear yard. This property is located at 105 Chardonnay Drive, Stephens City, Virginia and is identified with Property Identification Number 75F-4-193 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 a aTilt N DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY, VIRGINIA 1`Y1cxI � W E GIS, MAPPING, GRAPHICS WORK REQUEST DATE RECEIVED: REQUESTED COMPLETION DATE: REQUESTING AGENT. V Department, Agency, or Company: Mailing and/or Billing Address: Telephonf:. FAX: E-mail Address: ESTIMATED COST OF PROJECT: DESCRIPTION OF REQUEST: (Write additional information on back of request) � —15 Soo. (ICUlS2f r' ' y - r i 3 ��t �15 F — `� - ► t 3 DIGITAL: SIZES: COLOR: PAPER: FAX: E-MAIL: BLACK/WHITE: NUMBER OF COPIES: STAFF MEMBER: COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: HOURS REQUIRED: CHECK NO.# 2 Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) "1F'a � VCkr I ft V1 LC- UaY % (vo cQ 1i () q - ( (n &'Took' 0 PTO -1f5 r" �j / OWNERS OF ADJACENT PROPERTIES TO APPLICANT (150 Chardonnay Dr) c Y *aovetrMa. amiMne. xXkAuL ------...-----------_-_------------------_-._-- To: -Barbara -Data Processing a ` fredweb.co.frederid<.va.Ls/maps/recrv,m lo—l.html'>r - .a,` e:i uaas p p From: PamManning Dept. l5sxes �BBRmnd+ rrc,pl,rs ®>�taraog - - - — -- --- Please print sets of labels by (oI a - I I (c Thanks! Account 0w t OIRW2 Properly Address _ 43846 CASTEEL CASTEEL 00105 CNAROONNAY DR JORDAN B JOAN L (All addresses in Stephens City, VA 22655) 75F 4 193 Jordan Band Joan L Casteel (Applicant) 105 Chardonnay Dr 75F 4 159 Richard J Balzhiser & Anne E. Dewey-Balzhiser 104 Chardonnay Dr 75F 4 160 Kendall E Kendale 106 Chardonnay Dr 75F 4 161 Matthew A and Crystal R Throckmorton 108 Chardonnay Dr 75F 4 192 William F Jr and Susan M Mcguire 109 Chardonnay Dr 75F 4 194 Charles A and Ileana Escalante-MiddelHof 426 Albin Dr. 75F 4 195 Michael R II and Kristin N Dorn 428 Albin Dr 75F 4 196 Sharon L and Susan L Combs Trustees 430 Albin Dr Easy Peel® Labels Use Avery® Template 51610 Ak i Feed Paper ' i Bend along line to expose Pop-up Edge*rm �AV ERY®5161® 75F - 4- - 192- MCGUIRE WILLIAM F JR MCGUIRE SUSAN M 109 CHARDONNAY DR STEPHENS CITY VA I i 22655.5940 75F -4- - 194- -- ----- ---------,� --- MIDDELHOFCHARLES A ESCALANTE-MIDDELHOFILEANA 143 OLD FOREST CIR WINCHESTER VA 22602.6627 75F - 4- - 195- DORN MICHAEL ROBERT II DORN KRISTIN N 428 ALBIN DR STEPHENS CITY VA 75F -4- - 196- COMBS SHARON L TRUSTEE COMBS SUSAN L TRUSTEE 430 ALBIN OR STEPHENS CITY VA I �l r 22655.5946 22655-5946 1 75F 4- -193- CASTEEL JORDAN B CASTEEL JOAN L 105 CHARDONNAY DR STEPHENS CITY VA 22655 75F - 4- -159- BALZHISER RICHARD JOSEPH DEWEY-BALZHISER ANNE ELIZABETH 104 CHARDONNAY DR STEPHENS CITY VA 22655.5939 75F - 4- - 160- SELLERS KENDALL E 106 CHARDONNAY DR STEPHENS CITY VA 22655.5939 J 75F - 4- -161- THROCKMORTON MATTHEW AARON THROCKMORTON CRYSTAL R 108 CHARDONNAY DR STEPHENS CITY VA 22655.5939 j ttiqueties faciles ) peter Utilisez le gabarit AVERY® 5161® Sens de chargement i it I i 75F 4- - 192- MCGUIRE WILLIAM F JR MCGUIRE SUSAN M 109 CHARDONNAY DR STEPHENS CITY VA 22655.5940 75F - 4- -194- MIDDELHOF CHARLES A ESCALANTE-MIDDELHOFILEANA 143 OLD FOREST CIR WINCHESTER VA 22602-6627 75F - 4- - 195- DORN MICHAEL ROBERT II DORN KRISTIN N 428 ALBIN DR STEPHENS CITY VA 22655.5946 75F - 4- - 196- COMBS SHARON L TRUSTEE COMBS SUSAN L TRUSTEE 430 ALBIN DR STEPHENS CITY VA 22655.5946 75F - 4- - 193- CASTEEL JORDAN B CASTEEL JOAN L 105CHARDONNAY DR STEPHENS CITY VA 22655 75F - 4- -159- BALZHISER RICHARD JOSEPH DEWEY-BALZHISER ANNE ELIZABETH 104 CHARDONNAY DR STEPHENS CITY VA 22655-5939 75F - 4- - 160- SELLERS KENDALL E 106 CHARDONNAY DR STEPHENS CITY VA 22655.5939 1 75F -4- - 161- THROCKMORTON MATTHEW AARON THROCKMORTON CRYSTAL R k 108 CHARDONNAY DR STEPHENS CITY VA 22655.5939 Repliez a la hachure afin de www.avery.com rAvAler le rebord Pop-up" 1-800-GO-AVERY i