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Home My WebLink About01-98 Fairview Lutheran Church - Gainesboro - BackfileVariance Request Tracking Sheet: Board of Zoning Appeals Date: File openedrn�,ee Cot., vty, 1� g t- Reference Manual updated/number assigned D-base updated P g 12 color location maps requested from GIS Two sets of labels requested from Data Processing I-z9-q g File given to Renee' to update bi-monthly report MEETING DATE: CLOSE OUT FILE: FINAL ACTION: �o Approval (or denial) letter mailed to applicant/copy made for file File stamped "approved"/"denied" or "withdrawn" Reference Manual updated D-base updated File given to Renee' for final update to bi-monthly report K AWP\CMMCIG_CR\TRACKING.BZA COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 MEMORANDUM TS2; Finance Department FROM: Karen A. Cain, Receptionist/Clerk Typist II POL 4% SUBJECT: Return Of Sign Deposit 03 DATE: March 13, 1998 The amount of $25.00 was deposited in line item 410-1911-08 for the establishment named below as a deposit for a sign for Variance Application #001-98. They have now returned the sign and are therefore entitled to the return of their deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $25.00 to: RSA/kac Fairview Lutheran Church 555 Fairview Road Gore, VA 22637 107 North Kent Street 9 Winchester, Virginia 22601-5000 cc U Received From Address' For_, d AMT. OF ACCOUNT ly"� AMT. PAID BALANCE DUE bj �$$ Received From _ �.aN Address" For IL AMT. OF ACCOUNT AMT. PAID - BALANCE DUE • 9 002536 Dollars $_ -- CASH CHECK MONEY i l,(V{ .�'1 o ORDER By 0025363 Datea�„ '1�'ki V 19 Dollars $ CASH CHECK MONEY ORDER By r • FILE COPY I February 19, 1998 Fairview Lutheran Church c/o Ms. Karen Dellinger 8962 Northwestern Pike Gore, VA 22637 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 RE: VARIANCE #001-98 OF FAIRVIEW LUTHERAN CHURCH Dear Ms. Dellinger: This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their meeting of February 17, 1998. Your Variance Application, #001-98 for a 41.2' front yard setback variance for an addition to the church for bathrooms and storage, has been approved by the Board of Zoning Appeals. If you have any questions regarding this action, please feel free to call this office. Sincerely, Michael T. Ruddy Planner II MTR/cc cc: Building Inspections O:\AGENDAS\BIAWPPR DEN.LiRTAIRVIEW.APP 107 North Kent Street - Winchester, Virginia 22601-5000 J4- _ /y 1l 4-t-(l)0l- qe BZA REVIEW DATE: 2/17/98 VARIANCE #001-98 FAIRVIEW LUTHERAN CHURCH LOCATION: The property is located at 555 Fairview Road. MAGISTERIAL DISTRICT: Gainesboro PROPERTY II) NUMBER: 26-A-8 PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Church ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Agricultural VARIANCE: 41.2' front yard setback variance for addition to the church for bathrooms and storage REASON FOR VARIANCE: The applicant states that due to the surrounding cemetery, the church is restricted to the building site for their facilities. STAFF COMMENTS: Within the RA (Rural Areas) zoning district, the front yard setback, when adjoining any road right-of- way, is 60 feet. The proposed addition would be located 18.8 feet from the existing 50-foot right-of- way running through the property, thus requiring the 41.2-foot front yard setback variance. The existing structure is surrounded by grave sites and headstones. These grave sites also cover the majority of the area within the building restriction lines shown on the enclosed plat of the property. It would appear as though the proposed building addition is located in the only area on the property where it would be feasible to place a structure. Furthermore, it would appear that the addition of the bathroom and storage areas to the church is key to the continued operation of the facility. The Code of Virginia, Section 15.2-2309(2) states that no variance shall be authorized by the board unless it finds that a) strict application of the ordinance would produce an undue hardship; b) that Fairview Lutheran Church Variance Page 2 February 9, 1998 such hardship is not shared generally by other properties in the same zoning district and the same vicinity, and; c) that the authorization of such variance will not be of substantial detriment to adjacent property, and that the character of the district will not be changed by the granting of the variance. Staff is of the opinion that the variance requested would alleviate a hardship created by the unique nature of this property. The existing cemetery significantly restricts the use of the property and the location of the addition. This hardship is not shared generally by other properties in the vicinity and would not be of substantial detriment to adjacent properties. Additionally, it is staff s opinion that the approval of this variance is in harmony with the intended spirit and purpose of the ordinance. STAFF RECOMMENDATION FOR 2-17-98 BZA MEETING: Approval File: O:\AGENDAS\BZA\COMMENTS\FAIRVIEW.BZA Page I of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA 1. The applicant is the owner 2. APPLICANT: � j- other X (Check one) OCCUPANT: (if different) ADDRESS i • Nn-rt-hwPqfPrn Pike ADDRESS: R• C;nrp, Va_ 22637 Gore, Va. 22637 TELEPHONE: 85g-?641 TELEPHONE: None 3. The property is located at (give exact directions and include State Route numbers): Take Route 50 West to Route 733 (Fairview Rd.). Turn right and travel 3/4 mile to the church. _.'� JAN 1998 4. The property has a road frontage of +630 feek—a u of 350 feet and consists of 2. acres exact) A WNW 11,U1 5. The property is owned by Fairview Lutheran Church as evidenced by deed from Beniyamin McKee recorded (previous owner) in deed book no. 81 on page 253 of the deed books of the Clerk of the Court for Frederick County. Attach a copy of the deed. Page 2 of 5 6. Magisterial District: Gainesboro 7. 14-Digit Property Identification No.: 8. The existing zoning of the property is: RA 9. The existing use of the property is: Church 10. Adjoining Property: USE ZONING North East South West I RA it if 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.") V aural A 41, 2'�kat ��ta=a;�T setback variance for an addition _ 12. List specific reason(s) why the variance is being sought in terms of: exceptional narrowness, shallowness, size or shape of property, or exceptional topographic conditions or other extraordinary situation or condition of property, or the use or development of property immediately adjacent thereto to the building site for their facilities. 13. Additional comments, if any The 60' setback from the right of way seems excessive to some degree since it is a private entry to.a farm field. Note: the right of wav was shown to VDOT and we were told that they would not accept a road dedication in this right of way since the entry to Rt. 733 was not perpendicular. 0 46 peas 3 of 5 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 notifd by mail of this application: NAME Allen R. Knotts, Sr. Address 301 Beaver Trail Winchester, Va. 22602 Property ID# 2 6- A- 7 A NAME Earl H. Rafferty Address P.O. Box 22 Gore, Va. 22637 Property ID# 2 6 -A- 7 B NAME John & Alice Marple Address 340 Marpole Lane Gore, Va. 22637 PropertyID# 2 7 -A-1 NAME Michael & Latricia McIntire Address P.O. Box 2302 Winchester, Va. 22604 NAME Esta McKee&James Berryhill Address 555 Fairview Road Gore, Va. 22637 Property ID# 1 h - A - NAME William V. Carpenter, Jr. Address 620 Fairview Road Gore, Va. 2263/ Property ID# 17-A-15 NAME Property ID# NAME Property ID# NAME Property ID# NAME Property ID# Address Address Address Address 2 "t-A -'713 1, �f V,'4 • �1 Page S of S AGREEMENT VARIANCE # Q 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. APPLICANTSIGNATURE OF i SIGNATURE OF OWNER (if other than applicant) BZA PUBLIC HEARING OF -OFFICE USE ONLY- - DATE- ACTION. - DATE APPROVAL SIGNED: 11ZA CHAIRMAN DENIAL DATE: COUNTY of FREDERICK Department of Planning and Development ~ 5401665-5651 FAX: 540% 678-0682 PI J'rIfICArl AN Jr PUBLIC .1 MAI I G, February 2, 1998 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS) RE: VARIANCE APPLICATION #001-98 OF FAIRVIEW LUTHERAN CHURCH On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public, hearing being held on Tuesday, February 17, 1998, at 3:25 p.m., in the board room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This hearing is to consider the application of Fairview Lutheran Church for a 41.2-foot front yard setback variance for an addition to the church for bathrooms.and storage. The property is located at 558 Fairview Road, and is identified with Property Identification Number 26-A-8 in the Gainesboro Magisterial District. Any interested parties having questions or wishing to speak may attend this meeting. A copy of the application is available for review at the Department of Planning and Development located at 107 North Kent Street in Winchester, VA. Sincerely, Michael T. Ruddy Planner II MTR/cc O:WGENDAS\BZAW DJOINER\FAIRV IEW.BZA i 107 North Kent Street • Winchester, Virginia 22601-5000 E This is to certify that the attached correspondence was mailed to the following on A —3, / ` `� 9 from the Department of Planning and Development, Frederick County, Virginia: 26 - A. - 8- FAIRVIEW LUTHERAN CHURCH CIO EVELYN V MCKEE 555 FAIRVIEW RD GORE, VA. 22637-1920 26 - A- - TA KNOTTS, ALLEN R SR 2243 ROOSEVELT BLVD WINCHESTER, VA 27 - A- - 7-13 HAHN, ALLEN EUGENE MS. KAREN DELLINGER 8962 NORTHWESTERN PIKE GORE, VIRGINIA 22637 16 - A- - 2- MCKEE, ESTA L. & JAMES B BERRYHILL 22601-3624 CIO EVELYN V MCKEE 555 FAIRVIEW RD GORE, VA 22637-1920 8199 NORTHWESTERN PIKE GORE, VA. 22637.1937 27 -A. - 1- MARPLE, JOHN R. & ALICE M. 340 MARPOLE LN GORE, VA 22637-1962 26 - A- - 19-B MCINTIRE, MICHAEL & LATRICIA LYNN PO BOX 2302 WINCHESTER, VA 22604-1502 STATE OF VIRGINIA COUNTY OF FREDERICK 17 - A- - 15- CARPENTER, WILLIAM V. JR. 620 FAIRVIEW RD GORE, VA 22637-1915 Michael T. Ruddy, P anner II Frederick County Planning Department I, 6e-th 1�n I Im' , a Notary Public in and for the State and County aforesaid, do hereby certify that Michael T. Ruddy, Planner II for the De artment of Planning and Development, whose name is signed to the foregoing, dated c� •g LL , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of My commission expires on n NOTARY PUBLIC / / ada z / / loe / j Y p 1 Soot ti • . ^' �O ° • , ° `, Q „`—lam ti S "0000ox YI ; PLAN SHOWING DATE REVISION _ PROPOSED ADDITION TO GREENWAY ENGINEERING FAIR VIE WLane ra.we n len n 16Min hostor�,Wglnb 22602 S Q g LUTHERAN CHURCH Engineer Telephone 540-662-4M 3 GAINESHORO DISTRICT SLww)* + FAX W-722-9526 FREDERICK COUNTY, VA i i i ao / .1000, g 0 \ \ { � < ., \ •; \ ` -..`� _-� :..--�---�"" _ _ter= ./� • • '� • •` `�...,i' `•1.1 �� -ram "i J'.--�-'_�r�' Ile/ qq 'v� \\�' IVA PLAN SHOWING DATE REVISION PROPOSED TION TO GREENWAY ENGINEERING - _Zt�i . - FAIR VIEW , „n�„d ostor,1411e 22602 8 LUTHERAN CHURCH ENIn.or* TN•phon• 540-662-4165 GAINESBORO DISTRICT Surveyor. FAX W-722-9526 FREDERICK COUNTY, VA