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HomeMy WebLinkAbout04-98 Roy & Crystal Combs - Back Creek - BackfileVariance Request Tracking Sheet: Board of Zoning Appeals Date: 3"23-?g File opened V-1,_ Reference Manual updated/number assigned D-base updated t/ 12 color location maps requested from GIS ✓ Two sets of labels requested from Data Processing r J-0 1 File given to Renee' to update bi-monthly report 3-2 3``l.7 MEETING DATE: CLOSE OUT FILE: FINAL ACTION: A FPX OVE D 'ZZ-W Approval (or denial) letter mailed to applicant/copy made for file y— File stamped "approved"/"denied" or "withdrawn" Reference Manual updated ✓ D-base updated ¢-r Z z —9 S7 4A-q 9 File given to Renee' for final update to bi-monthly report (F''" KAW \CMNICIG CRITRACKING.BZA 2)"V'�tA ��P'lkwt NOTICE OF PUBLIC HEARING The Frederick County Board of Zoning Appeals will hold a public hearing on Tuesday, April 21, 1998 at 3:25 p.m. in the Board Room of the Frederick County Administration building at 107 N. Kent Street in Winchester, Virginia, to consider the following: Variance #004-98 of Roy and Crystal Combs for a 50-foot sideyard setback variance (north) to permit construction of a single-family residence within 200 feet of a working orchard. The property is located on Germany Road, north of the intersection of Rt. 625 and Rt. 629, and is identified with Property Identification Number 73-A-48A in the Back Creek Magisterial District. Interested citizens may appear before the Board to state their views of approval or disapproval of the variance request. A copy of the agenda will be available for public review at the Handley Library. Further information may be obtained from the Department of Planning and Development, 107 North Kent Street, 4th floor, Winchester, Virginia (665-5651). CASH r , '' mc�-- I I RECEIPT \ ` r� �,y • NJ V ---Ni ACCOUUNNT� HOW PAID 1 611207 N 29029'03"E 245.82' 5 29029'03"N 230.98' GERMANY ROAD WALL CHECK wdm S�'-�H 9),A (.0DAVIDD, unCO M. FURSTFNAU O. 1455 oAl U o cn Ln TRACT 1 ALFRED L. SNAPP AND SDN INC. BACK CREEK DISTRICT FREOERICK COUNTY, VIRGINIA FURSTENAU SURVEYING III SOUTH LOUDOUN STREET WINCHESTER, VIRGINIA (540) 662-9323 DATE: JUNE I, 1999 SCALE: I" = 60' � 9 FILE COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 April 22, 1998 Mrs. Betty V. Snapp 883 Clark Road Stephens City, VA 22655 RE: VARIANCE #004-98 OF ROY AND CRYSTAL COMBS; P.I.N. 73-A-48A Dear Mrs. Snapp: This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their meeting of April 21, 1998. Your Variance Application, #004-98, has been approved for a 50-foot side yard setback variance (north) to permit the construction of a house within 200 feet of a working orchard. If you have any questions regarding this action, please feel free to call this office. Sincerely, u..c� Michael T. Ruddy / Planner II MTR/cc cc: Roy and Crystal Combs Roy V. Wolf, III, Trustee Fred. Co. Inspections Dept. 0 \AGENDAS\B7-AAPPR DEN.LTR\COMBS.APP 107 North Kent Street - Winchester, Virginia 22601-5000 0 BZA REVIEW DATE: 4/21/98 VARIANCE #004-98 ROY AND CRYSTAL COMBS LOCATION: The property is located on Germany Road, north of the intersection of Rt. 625 and Rt. 629. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 73-A-48A PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Apple Orchard ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Apple orchard and residential VARIANCE: A 50' sideyard setback variance (north) to permit the construction of a house within 200' of a working orchard. REASON FOR VARIANCE: Applicant states that due to narrowness [of lot], the only location is 150 feet from the orchard on the north. All other boundaries conform. STAFF COMMENTS: Within the RA (Rural Areas) zoning district, the minimum side and rear yards for a principal structure when adjoining an orchard is 200'. The requested 50' variance would place the proposed structure 150' from the side yard to the north. In June of 1997, the Board heard variance application #008-97. In this application, a 110' north side yard variance and a 135' west side yard variance for construction of a single-family residence were requested. The Board of Zoning Appeals denied the request for both variances. It is staff belief that this current variance request is somewhat different from the above request in that the applicant is proposing to construct a smaller house in a different location on the property, and, therefore, may be reconsidered. • 0 Combs Variance Page 2 April 13, 1998 Staff does acknowledge the position of the Board of Zoning Appeals in denying the previous request. However, as before, staff is of the opinion that the requested side yard variance would be necessary to allow for the construction of a residence on the parcel. Strict application of the zoning ordinance would create an undue hardship and effectively prohibit the use of the property for residential purposes. This two -acre parcel was created as a residential lot in 1989 prior to the implementation of increased setback requirements in the RA zoning district. While respecting the increased setback requirements adjacent to orchards, the applicants appear to have located the house as far away from the existing orchards as possible, unlike in the previous application. For your information, I have included the following review of the motion for denial made at the Board meeting: Mr. Rinker's motion: `Mr. Chairman, I make a motion for denial of the requests because in our handbook, Powers and Duties of the Board of Zoning Appeals Board, on page 7 under item B, `in granting a variance, the Board may not make any decision which is contrary to the purpose and intent of the Zoning Ordinance. ' The Zoning Ordinance out in that area is rural agriculture, so that would take precedence over a building lot, in my mind. Also in D, on the same page, `the Board may not grant a variance unless strict application of the terms of the Zoning Ordinance prevents a reasonable use of the property. A reasonable use is not necessarily the most profitable use of the property, 'and the property still has value as agricultural land at two to three thousand dollars an acre. Also, on page 8 under F, `the public interest must be served. A major consideration in deciding on an appeal for a variance is whether granting the adjustment will serve the public good. The more the Board may not grant an adjustment when the action would injure or endanger other property or persons. In consideration, the public interest is important to the review and purpose of zoning, according to Virginia Code 15.1-489, 'and under that section vested item number eight 'to provide for the preservation of agriculture and forestal lands' and to preserve agriculture in the integrity that it is, being an orchard in that area, granting these variances would hinder that. I move to deny both variances on the grounds listed. " 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 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 RECOMMENDATION: Approval of the side yard variance as requested as an undue hardship does exist that is not shared generally by other properties in the vicinity. Furthermore, the authorization of this variance will not be of substantial detriment to adjacent property and will not change the character of the district. low N BOr/ey 72 One 68C 71 77A 0 �32 67A b 7 w E 68B 268s. oa 80 78 zz4 o r a\e- 81A Q 63 S 2 �1b 3 � e, tn 68 N 5 67 6 9 86 's 182�I �68q s9 try L—J \ 7 s� 83 S'%n 8 co S� 49 A 84 'p� 6% ROOo• v S2 49 10 Sj 84q D O O 50 0 85 F 50A Snapp, W. 48 45 j R & T Packing 2 3 88 4 141 48A 2 pts. ^� 88 ^ j 42 4j Rj 6 2 pts. 47 Huffman, J. 9 3�2?8 tees (n R & T Pack! g 116 2 S 90B 2 Re 38A lief bane 4 40 3 38 39 89 13 3 12 13q 1 �ptyr 2 11 2 10 16 N `o a 9 4 3 91A a 90 8 36 91 0 35 u 37 4 7 36A 92 1 ,s Variance #004-98 PIN: 73—A-48A Roy & Crystal Combs All zoning on this map is RA Produced by Frederick County Planning and Development 11 Page I of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA 1. The applicant is the owner other 1V . (Check one) 2. APPLICANT: D=UPANT: (if different) NAME: ADDRESS ✓e dct/e l"(,u.�-tf to I f) 0, �.s-�`t.16 UP " 4 b -1 TELEPHONE: SO -7a-a- - 6 AI9 3. The property is located at State Route numbers): /V1 dci f� QaJ 40 le rL NAME: /�c'�t/ I/i UVc����—!` e� ADDRESS: �• di, /�ck G,'1 / TELEPHONE: (give exact directions and include t / I G�: MClnr y �cl , �cetf�y �`S to lst i /NYt �'eas/— 14egno, (Pale t je llo (L) F0 n c het-t 1 T 4. The property has a road frontage of .gJo.4S' feet and a depth of 3E 5'174 feet and consists of I-Wo acres. (please be exact) 5. The property is owned by V. Wo/FPS TIT, %rus�C-C_- ,-.as evidenced by deed from recorded `�J c (previods owner) in deed book no. '13 on page q 3 7 of the deed ooks of the Clerk of the Court for Frederick County. Attach a copy of the deed. 6 8 LqC Page 2 of 5 6. Magisterial District: 13Q(,-- 7. 14-Digit Property Identification No.: 73 A 4SA 8. The existing zoning of the property is: /\ unj A-,V-q 9. The existing use of the property is: App/- &,-vAar-c1 10. Adjoining Property: USE ZONING North Orchard A-rea- East South West 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.") j Q' c ol- e yo..ro( .� joy c/i� �/cw�a vL c e- (N o-v H2) � 2_✓vwni� r _ / uNv�l "V-C1 o � w n CQJ�7�i�n s�•ru0 tit �L CQ�FJ�- in O: CI OC ... 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 n Toe -� nurr��y.�Ns� � ®.ply loccz);on we OrcAard ©n (44- A cgel Dm UOC/"111tFS 16o O� c� try LAdditional comments, C I O' if any in 1989 iy �rnalNtr, ,P,l,� 41-,ln. �y pW3od5 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: 13 a � S , LV l5C.-2 NAME C�� I ,'2'n S n CLP -P Address I y 9P c G '7 Property ID# "13 4 NAME Jct,r,c�s Nzt'�tMce � , I I Address Oj,"n,he,--t�)-c, VA Property ID# _3 /4 47 3 A 4qA NAME ``i4! %~ Address 0-9,'nChc_s�-( , V Pr D �-�o Property ID# � 3 NAME Address Property ID# NAME Property IN NAME Property ID# NAME Property IN NAME Property ID# NAME Property ID# NAME Property ID# Address Address Address Address Address Address Page 4 of 5 9 0 15. Provide a sketch of the property (you may use this page). 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. Adjoining Property YOUR PROPERTY Aoloining Property o v t r � tAddi, IiOn � $ o- ert Linel ----------------------=Center of Rood RoadSHOW THESE MEASUREMENTS T Ct ACI C k C'CJ- c�n� 4 L Z 13 ib V 9f} PAGE 1 OF 4 BK734PG0937 6° o TRACT 2 r' 6 19 S 29' 29' 03" W - 245.82' 20 N_ M Lo tt ul O M - O tf � o n, N `V M IA 11 - Z N c to 3 (� ILLm ?xn Ne to T 2� x d M ,o W o M W uJ ((DD a o �--� __ __•� Z N O p N O O N 29' 29' 03" O O N E - 230.98' 2 VA. ROUTE 625 o—IRON PIN I FOUND) O—IRON PAN (SET) APPROVED TRACT I ONLY: WINCH ESTER-FREDERICK COUNTY HEALTH DEPARTMENT 3 AdlIt7►RIAN Rsljn*qf.� FREDERICOUNTY -icePLANNING DEPARTMENT 3 Tt-- .SUBDIVISION EXCEPTIONS AS NOTED � NA PAGE 2 OF 4 (b ID, BK734PGO938 /N W p Q N i ! 7 h J � I m + o' � 0'g• 351NN O i12 9 �p0$i ` p ?09 pNAPp h f SH �'l0 p 54 05 Q �'8 33APP 13 s 2 P. 469 .8i (2O O,g, 3421Ck\� p 33 \, J1,4 `�. 7 ya TRACT 2 W� J � 3m 27.687 cs A CRES ro 3' r^� CHAPTER lg, ARTICLE 1, a ° SECTION 1-2-35.1,1 to ro ulti (20,00,) m 20~ 3 .. 2 TRACT —� 16 /8 f9 L]� R d T pACklN0 . P i / CORP. 1� (20.02') 1}oAi HUFFMAN 51tE D.B. 573 P. 850 C L 'AnL�EN [R RT U HMCo-.2 V (L{CCNI° ) No. 1 498 ''Nl> RVRVI 0 • Page S of S AGREEMENT VARIANCE #0Q4- 9 g 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 —�R, L) �,r) _ -I& p-P 00YKff"E 3 ~17 j g SIGNATURE OF OWNER 1 DATE ---!�'/ (if other than applicant) a;� � ile, -TJ,- E•c� BZA PUBLIC HEARING OF r / APPROVAL DENIAL -OFFICE USE ONLY- - DATE - SIGNED: DATE: ACTION- BZA CHAIRMAN • Sewage Disposal System Construction Permit PAGE /_ OF Z Commonwealth of Virginia q obD % I-� Health Department Department of Health - Identification Number 5 -3 y y Z Health Department Un , aofnrnn e -7 General [" Repair Information LNevw ❑ Expanded ❑ Conditional ❑ FHA ❑ VA ❑ Case No. ed on the application for a sewage disposal system construction permit _ filed in accordance with Section .01, a construction permit is hereby issued to: wner — A G FO fro i,A- SoNi f 11,r�, Telephone 'i6; `l tsi Address Lv, 4 5,r 4-44;1 Gy,/Iei/�jFi� Fo�r7 a Type _�_ Sewage disposal system which is to tol be constructed on/at �1 e -Z 5 � 7 ryr—pjgLi f S/ j'e "Si " /'), ) 1 (A—!y l/"'1 S I o'o7 Subdivision Section/Block Lot Actual or estimated water use d 5 o /910VM DESIGN NOTE: INSPECTION Water supply location: RESULTS Satisfactory yes ❑ no ❑ Water supply, existing: (describe) _ - comments G. W. 2 Received: yes ❑ no ❑ not applicable ❑ To be installed: class 1_4L - cased - Za grouted Z' Building sewer: Building sewer: yes ❑ no ❑ comments �_ I.D. PVC 40, or equivalent. Satisfactory Slope 1.25" per 10' (minimum). ❑ Other .__. Septic tank: Capacity —_ ��'�� gals. (minimum). Pretreatment unit: yes ❑ no ❑ comments ❑ Other Satisfactory Inlet -outlet structure: PVC 40, 4" tees or equivalent. Inlet -outlet structure: yes ❑ no ❑ comments Satisfactory j ❑ Other _ Pump and pump station: Pump &pump station: -- yes ❑ no ❑ comments No ;l Yes ❑ describe and show design. Satisfactory if yes: Gravity mains: 3" or larger I.D., minimum 6" fall per Conveyance method: yes ❑ no ❑ comments 100', 1500 lb. crush strength or equivalent. ❑ Other ._ Satisfactory Distribution box: Precast concrete with ports. Distribution box: yes ❑ no ❑ comments Satisfactory ❑ Other Header lines: Material: 4" I.D. 1500 lb. crush strength plastic or equiva- Header lines: Satisfactory yes ❑ no ❑ comments lent from distribution box to 2' into absorption trench. Slope 2" minimum. F- Other Percolation lines: Gravity 4" plastic 1000 lb. per foot bearing load or Percolation lines: Satisfactory yes ❑ no ❑ comments equivalent, slope 2" 4" (min. max.) per 100'. ❑ Other _ Absorption trenches: Square ft. required !931, depth from ground surface Absorption trenches: Satisfactory yes ❑ no ❑ comments to bottom of trench )I gregate size Trench bottom slope T_//moo f> Date center to center spacing ; trench width Depth of aggregate i '�; Inspected and approv1by: Trench length —1_; Number of trenches 6 Sanitarlan C H S 202A Re qpA fi1ae 11-2 Health Department Identification Number SD_ V `'l - /Y z Schematic drawing of sewage disposal system and topographic features. PAGE 7— OF ?- Show the lot lines of the building lot and building site, sketch of property showing any topographic features which may impact on the design of the system, all existing and/or proposed structures including sewage disposal systems and wells within 100 feet of sewage disposal system and reserve area. The schematic drawing of the sewage disposal system shall show sewer lines, pretreatment unit, pump station, conveyance sys- tem, and subsurface soil absorption system, reserve area, etc. When a nonpublic drinking water supply is to be located on the same lot show all sources of pollution within 100 feet. ❑ The information required above has been drawn on the attached copy of the sketch submitted with the application Attach additional sheets as necessary to illustrate the design. Z ` V G— yr'Li�l 7 co.vc Suave c� �?�u� c i �� trrli n tli��l 5o tt li�l' . D, D c A j Srt/�'c rMN� l�(Ow6� I I00 L 1 e s � Silr pRaP. c,.ar�a� y C 180` � �t . 4z5 -/ 2;' 2T• 6•z 8 --A. N,T- -r-► s cA"T The sewage disposal system is to be constructed as specified by the permit ® or attached plans and specifications C] . This sewage disposal system construction permit is null and void If (a) conditions are changed from those shown on the application (b) condi- tions are changed from those shown on the construction permit. No part of any installation shall be covered or used until inspected, corrections made if necessary, and approved, by the local health department or unless expressly authorized by the local health dept. Any part of any installation which has been covered prior to approval shall be uncov- ered, if necessary, upon the direction of the Department. Date: _ w Issued by: _�jj � -- This Construct;o Senitarlan , Permit V lid_ until j Date: _ 1 Reviewed by: Supervisory Sanitarian -------------- --- ---- ------- ------ ----------- -- - -- -- -- =--- d r If FHA or VA financing q I c>< ( , I 1 Reviewed by Date CH. S 2026 Rev,sed 684 Date Supervisory Sanitarian 11-2A Regional Sanitarian 49e4t.,i tiv� y .L 03 Gv��-- cam- lC�,�j•,....�ii.c/t 1�,�,` ,a,r,��v�• �= 4 0- r- - -7) %- 1 ?*4 � ram. pS' �r-� c-v�.,�,r o+�..-��•.- fir— �s�— / ""�" J . l FILE COPY _ oc !11l3 O'1l COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 1 I irIFICAVICA I OF PUBLIC rlEARIl Ir April 7, 1998 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE APPLICATION #004-98 OF ROY AND CRYSTAL COMBS On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, April 21, 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 Roy and Crystal Combs for a 50-foot side yard setback variance (north) to permit construction of a single-family residence within 200 feet of a working orchard. The property is located on Germany Road, north of the intersection of Rt. 625 and Rt. 629, and is identified with Property Identification Number 73-A-48A in the Back Creek 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 107 North Kent Street • Winchester, Virginia 22601-5000 0 • This is to ce 'fy,that the attached correspondence was mailed to the following on 9 from the Department of Planning and Development, Frederick 06unty, Virginia: 73 - A- - 48- SNAPP, WILLIAM S. & BRIDGET M. RYAN PO BOX 252331 WEST BLOOMFIELD, MI 48325.2331 73 - A- - 47- HUFFMAN, JAMES R. II 503 GERMANY RD WINCHESTER, VA. 22602-2761 74 - A- - 47-A LONG CREEK FARM, INC % C MESSICK 976 SPRINGDALE RD WINCHESTER, VA 22602.2546 73 - A- - 88- R & T PACKING CORPORATION CIO F & M BANK TRUST PO BOX 2800 WINCHESTER, VA 22604-2000 73 - A- - 48-A SNAPP, ALFRED L III & SHARON KELLAS SNAPP Mrs. Betty V. Snapp 883 Clark Road Stephens City, VA 22655 PO BOX 671 HARRISONBURG, VA 22801-0671 Michael T. Ruddy, Planner II Frederick County Planning Department STATE OF VIRGfNIA COUNTY OF FREDERICK I, i LC-) Ha L 1 . a Notary Public in and for the State and County aforesaid, do hereby certify that Michael T. Ruddy, Planner II for the Department of Planning and Development, whose name is signed to the foregoing, dated y - T 98 has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of f► 19 C My commission expires on C8 NOTARY PUBLIC r— �O(P �oCA 7 rcrnJ Or-7 FROPoSCr) �i�0"i'W d I' �% fCr � 2� Lv -iUy„l � c� (� ✓� c Ct G- � - (� � - (..vGL� r V,. .. _ , . � �. i Application Process Evaluation We would like to learn how we might improve this process. Please complete this form and submit it to the Planning Department. You can submit it to us separately from the application if you wish. You may submit it anonymously. 1. Which type of application did you complete? Rezoning Master Development Plan Conditional Use Permit Site Plan Subdivision Variance 2. Which part, if any, of the application process did you find particularly difficult? (Check as many as you wish.) Completing the application form Tax verification Agency review comments Adjoiner identification information / Other (Please specify) A , (� "C ck 1-7L — 3. Did you have a discussion with a staff member before submitting the application? YES ✓ NO 4. Were you able to receive the assistance or information that you needed from the staff? YES NO 5. What portion of this process took the longest for you? Completing plans Completing the application r/ Tax Verification Agency review comments Other (Please specify) 6(. What do you think could have been done differently to make this process quicker? qm'u Ira-UN-G 0O?d p ro Less" Oleo-v in-Ar Lw--�Ions, Ctn r;tt el l 4 a-�f, . 7. Do you have any suggestions about what we could do to make this process work better? Aro — 6 1.1 kQ dC May 17, 19% (KAwp\cmn\bah_cr\applic.rev) (done Wc-0. � /4 -2 or-� 41). USA P m tqwlC� - 61A � a- --J-a D/