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HomeMy WebLinkAbout18-98 Hayfield Assembly of God - Gainesboro - Backfile (2)1 Variance Request Tracking Sheet: Board of zoning Appeals Date: � Z File opened Reference Manual updated/number assigned D-base updated 12 color location maps requested from GIS ✓ Two sets of labels requested from Data Processing 7-N-mot ? •aq File given to Renee' to update bi-monthly report MEETING DATE: q-/0-jz I CLOSE OUT FILE: FINAL ACTIOPP!►P P ROV E ✓ Approval (or denial) letter mailed to applicant/copy made for file File stamped "approved"/"denied" or "withdrawn" v' Reference Manual updated t/ D-base updated ✓ File given to Renee' for final update to bi-monthly report KAWMA MCIG MTRACKBVG.BZA ^ CSH / RECEIPTDate, � � ®0 340 Received From j Address 1 �7 ollars$ �id> j ; For -- Q • • • W a AMT. OF ACCOUNT r CASH AMT. PAID CHECK uj 7 BALANCE i' MONEY ORDER j ��'�°`.k ;;,, rnrTNmV _v Ti nz+TT7l rlVT� MX: 540/678-0682 MEMORANDUM TO: Finance Department FROM: karen A. Cain, Receptionist/Clerk Typist 11 SUBJECT; Return Of Sign Deposit DAM August 20, 1998 The amount of $25.00 was deposited in line item # 10-1911-08 for the organization named below as a deposit for a sign for Variance Application #018-98. 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 Hayfield Assembly of God 5118 Northwestern Pike Gore, VA 22637 107 North Kent Street - Winchester, Virginia 22601, 5006 FILE COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/678-0682 August 19, 1998 Mr. Mark D. Smith Greenway Engineering 151 Windy Hill Lane Winchester, VA 22603 RE: VARIANCE #018-98 OF HAYFIELD ASSEMBLY OF GOD; P.I.N. 39-A-36 Dear Mark: This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their meeting of August 18, 1998. Your Variance Application, #018-98, has been approved as requested for a 55.5-foot north side yard variance for an addition to the church. The property is located at 5118 Northwestern Pike, and is identified by Property Identification Number 39-A-36 in the Gainesboro Magisterial District. If you have any questions regarding this action, please feel free to call this office. Sincerely, Michael T. Ruddy Planner H MTR/cc cc: Reverend Bobby Basham, Hayfield Assembly of God Frederick County Inspections Dept. O:Wgendas\BZAWPPR_DEN.LTR%ayfield.app 107 North Kent Street • Winchester, Virginia 22601-5000 7 • BZA REVIEW DATE: 8/18/98 VARIANCE #018-98 HAYFIELD ASSEMBLY OF GOD LOCATION: The property is located at 5118 Northwestern Pike. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 39-A-36 PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Church ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Residential and agricultural VARIANCE: 55.5-foot north side yard variance for an addition to the church REASON FOR VARIANCE: Narrowness of lot and use of adjacent property STAFF COMMENTS: Within the RA (Rural Area) zoning district, the minimum side yard setback when adjacent to land primarily used for agricultural purposes is 100'. The applicant wishes to construct an addition to the church that would locate the principle structure 44.5' from the northern property boundary, thus requiring the 55.5' side yard variance. Staff has the ability to administratively allow an addition to the existing facility which may be located up to, but not beyond, a nonconforming setback. The existing church is located 68' from the side property line at its closest point and angles away from the property line at its northernmost point which is 78' from the side property line. Therefore, an addition of 10 feet could be place attached to the structure without the aid of a variance. It would appear that in this case the applicant is not limited to choice of location. It may be feasible to place the addition on the property in compliance with zoning ordinance requirements. Obviously, this would entail a revised footprint for the addition. Variance #018-98, Hayfield Assembly of God Page 2 August 11, 1998 It is stars opinion that it may be appropriate for the Hayfield assembly of God church to consolidate the two parcels they own at this time. This consolidation would further increase the buildable area and ensure that all uses associated with the church are located on the same parcel. The consolidation of these two parcels may be required during the site plan approval process in order to alleviate additional requirements based upon the property line bisecting the use. For example, parking lot setback requirements. Also on this parcel is an existing accessory residence. This structure is located approximately 22' from the side property line. Within the RA (Rural Area) zoning district the setback for an accessory structure is 15'. In this case, strict application of the zoning ordinance does not reasonably restrict the use of the property. The Code of Virginia, Section 15.2-2309(2)(a) states that no variance shall be authorized by the board unless it finds that strict application of the ordinance would produce an undue hardship approaching confiscation. Staff believes that granting this variance would be inappropriate as a hardship approaching confiscation does not exist. The structure could be constructed in a manner that would not require a variance. STAFF RECOMMENDATION: Denial 0 0 Page 1 of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner other P--- . (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: g2NAME: Ni4YFlELO.�SSFNJ,BG y pf �OD ADDRESS /5! 1411,VoyNill Z 4NL-- I IZAIC I?F T6-Z , 114, ZZaoO 3 TELEPHONE: LS11D) :fZ -4165 ADDRESS: 5118 NO�lNGt�ESTEPi1/P,L�� 04. ZZ 697 TELEPHONE: (540) 677 - A-143 3. The property is located at (give exact directions and include State Route numbers): ,f-7457- S1 of 2TE. 452 lei/, O, Z0 All, �� O E /111725 EGTIlJit/ of APB E �G 4tip° 4. The property has a road frontage of ZZ9, 09 feet as depth of ZZ`j, C6� feet and consists of acres. (plgase b,'�_ exact) 5. The property is owned by as evidenced by deed from ,2oL�y, ��YOE recorded (pre ious-.owner) in deed book no. 307 on page c,,85 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: 7. 14-Digit Property Identification No.: 39000AOGY�GQ0 3(0 8. The existing zoning of the property is: RA 9. The existing use of the property is: RELalOUS 10. Adjoining Property: U" ZONING North 4GmcLjLTc.12AC.. T->A East f2a->bDENi'lal- RA South rzgL_!� 1005 /Z4 West 2TE.50 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.") 55. 5` i NOW -TA) s l y YARP VA R I ANICE E�-,o22;�ED FviLcu 1Q AM(TION 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 13. Additional comments, if any p"W5 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 Address 5118 NUg`t'6iW6-reRN P ke, 9:2► VA. �37 Property ID# S )OQOA000000 5*,A NAME M41Z!g40EJ P. C1.OQPW eJ Address 5111 P)z-c orzC-J A- ZZ637 Property ID# 51 obnA 6(50000 38 - NAME l�oY A . t—f,LbC-9— Address 504--9 Alo1-.T"W6s-re! Rk&' E41Z=.VA Property ID# 39 0004 000coo 39 NAME Address.500s idoizTH J6s 1. k.E. rioze.�lA. ZZ�3'7 Property ID# 3`) 000 A ocaocoo 44-A NAMEl2Ctl. 1 !2 V t�l . I-Iou�At� Address 5 ©cam �(o t�' �l bt1E�SY��i��CC©, 2ZG,�'7 Property ID# 40000 A 000vco 38 NAME Qb BC-R,T A. 1<14E L Address 50 55' t&Z74WIl MtZW Fed<&,, q CRO VY zz��7 Property ID# 40OOOA cw000 39 NAME Property ID# - Address NAME Address Property ID# NAME Address Property ID# NAME Address. Property ID# Page 4 of 5 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. Par 5 of 5 AGREEMENT VARIANCE # 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; tothe. best of my knowledge, true. SIGNATURE OF APPLICANT DATE A SIGNATURE OF OWNER , DATE7g —= (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF ACTION: - DATE - APPROVAL SIGNED: B CHAIRMAN 0 H aAeld Assembly of God 5118 Northwestern Pike Gore, VA 22637 July 27, 1998 To Whom It May Concern: Rev. Bobby Basham, Pastor Phone: 877-1443 On July 1, 1998 at 2:30 PM I, Bobby Basham, Pastor of Hayfield Assembly of God, contacted Mr. Hershal,Kelly in regards to meeting with him to discuss the future expansion plans of our church relative to his adjoining property. He consented and we met that afternoon- We presented him a sketch of our plans for expansion noting the encroachment on his property boundary:. Mr. Kelly commented that the 45 foot setback was acceptable to him for three basic.. reasons. One,, the house.is currently only 20 feet for his property, two; the grade of ouf-property to his is much lower and three, the parcel of Iblr. Kelly's land next to ours. is used for growing alfalfa without the use of chemicals. The basic fertilizer he utilizes on this field is lime. Therefore, we request the planning commission to the consider the facts and the longevity of existing buildings on the plot and permit us to move forward in our plans. Respectfully Submitted, Rev. Bobby Basham Pastor COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/678-0682 MWIFICAVICAN OF PUBLIC MEANING August 4, 1998 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE:, VARIANCE APPLICATION #18-98 OF HAYFIELD ASSEMBLY OF GOD On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, August 18, 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 Variance 418-98 of Hayfield Assembly of God, submitted by Greenway Engineering, for a 55.5-foot north side yard variance for an addition to the church. The property is located at 5118 Northwestern Pike, and is identified by Property Identification Number 39-A-36 in the Gainesboro Magisterial District. Any interested parties having questions or wishing to speak may attend this meeting. A copy of the application will be available for review at the Handley Library approximately one week prior to the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, Michael T. Ruddy Planner II MTR/cc 0:\Agendas\BZA\AD101N ER\HAYFIELD.BZA 107 North Kent Street 9 Winchester, Virginia 22601-5000 This is to certify that the a0hed correspondence was mailed to Allowing on from the Department of Planning and Development, Frederick CountxfVirginia: 39 • A• - 36-A I� 40 - A- • 39- -- - -- HAYFIELD ASSEMBLY OF GOD KIEL, ROBERT H. & PAULINE R. BOX 17 HAYFIELD, VA. 22638 5096 NORTHWESTERN PIKE GORE, VA 22637.2516 1' 39 - A- 38- GOODWIN, MARGARET D 6117 NORTHWESTERN PIKE GORE, VA 22637.2533 39 - A- 39- NAIL, GAIL M & ETALS 1548 HOLLOW RD GORE, VA 22637 39 - A- - 44-A KELLY, HERSHELL E 5005 NORTHWESTERN PIKE WINCHESTER, VA 22603.345E 40 - A- - 38- HOWARD, REV IRVING B 5000 NORTHWESTERN PIKE WINCHESTER, VA 22603.3454 I - - Michael T. Ruddy, Planner II Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, do hereby certify that Michael T. Ruddy, Planner II for tlw De ent of Planning and Development, whose name is signed to the foregoing, dated has personally appeared before me and acknowledged the same in my State and County aforesaid. 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