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HomeMy WebLinkAbout14-05 ApplicationVARIANCE APPLICATION #14 -05 Paul Huber Staff Report for the Board of Zoning Appeals Prepared: May 6, 2005 Staff Contact: Mark R. 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: May 17, 2005 Action Pending Appito LOCATION: On the eastern side of Front Royal Pike (Route 522) approximately 0.1 miles south of the intersection of Front Royal Pike and Vine Lane (Route 850) MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER(S): 64D -4 -5 PROPERTY ZONING USE: Zoned: RA (Rural Areas District Land Use: Vacant ADJOINING PROPERTY ZONING USE: North: RA Use: Vacant South: RA Use: Residential East: RA Use: Residential West: B -2 Use: Business VARIANCE REQUESTED: The applicant is requesting a 39 foot right yard variance and a 39 foot left yard variance. REASON FOR VARIANCE: Current setbacks render the lot unbuildable. Lot created prior to current setbacks for RA district. Variance Request #14 -05, Paul Huber May 6, 2005 Page 2 STAFF COMMENTS: This property was created in1959, prior to Frederick County adopting performance zoning, as noted by the deed and plats included in your agenda. Frederick County adopted performance zoning in1967; the historical zoning map shows this property was zoned A -2 (Agricultural General) in1967. The property setback lines at the adoption of the zoning ordinance were 35' front and 15' sides. Frederick County amended its Code in 1989 to change the rural zoning districts to the current RA (Rural Areas) zoning district. The current setbacks for property in the RA zoning district abutting lots with residential use are: 60'front, 50'rear and sides. STAFF CONCLUSIONS FOR THE Mav 17, 2005 MEETING: 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. The applicant is seeking a variance of thirty -nine (39) feet on the sides of this property. Should this variance be granted, the building setbacks for this property would be: 75' front; 11 'sides; and 50'rear. (See plat) It appears that this variance meets the intent of the Code of Virginia, Section 15.2 -2309 (2), this request for a thirty -nine (39) foot variance from the current setbacks of the RA zoning district may be justified. ONI 'NNVd 1VIHOW3W HVOONVN3HS V E C9 Page 1 of 5 Fee Paid Sign Deposit 4. The property of 250.0 exact) 5. The property as evidenced in deed book of the Clerk of the deed. is owned by by deed from no. 42C OFFICE USE ONLY- of the Court APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA I u v Variance Application No. 04 Submittal Deadline y40, Submittal Date For the meeting of 6//7 /ot MUST BE TYPED OR FILLED OUT IN INR PLEASE PRINT 1. The applicant is the owner other X (Check one) 2. APPLICANT ri /adcr II,�� T OCCUPANT: (if different) NAME: /as C4'tG I/IC. NAME: ADDRESS Q3 e 1rtree �1 ADDRESS w Akers mart WI 25VZS TELEPHONE: 3 TELEPHONE: 3. The property is located at (give exact directions and include Sta a Route numbers): felerly 4ca4d at 91e eas((hrvl Si ti y.c5 /?it Szz (4� f 144e o 0. sd n rsecki 6 frO, ,col a/ RXe_ aia M es° (Wite 76/1e). has a road frontage of qg,0 feet and a depth feet and consists of D „52, acres. (please be 4 //Sr.ct 4 ressa `il APR 2 1065 FREDERICK COUNTY aI 1 \u oU DEVELOPMENT roy recorded Vance L, P o r e C• enter (previou owner) on page 768 of the deed books for Frederick County. Attach a copy North East South West Page 2 of 5 6. Magisterial District: VXa.a/4et L /!1 7. 14 -Digit Property Identification No.: 6 Y.0 7"5 B. The existing zoning of the property is: R,4 9. The existing use of the property is: e45 /QPNAQ /Kfaff7 10. Adjoining Property: USE ZONING 45. /VasnHf RA R,4 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 3`l 6,4 vnr i 4„Ge 06 e, 3q' id+ y etrd ✓ar/tM« i s 3O h+ ar a /e s; rif (iwe ItI` 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 1 Curry t Se+ktc ks render 'fit 4+ unJui l4kbk due- l° ncl »tj ln-1 Aid wa.s c'rectieLL p rier 1.o Cou -7 .&kk ;,1 R ton e. 13. Additional comments, if any Page 3 «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 frdht of (across street from) the subject property. (Use additional pages if necessary) These people will be notifd by mail of this application: NAME Clw ood N d' T/essa cJik FolL Address 1231 Rut' Royal +Phe cttsk,V4 Z•Z/paz._, Property ID# 650)-1- NAME Wl giant F Q rwa Royal fie. Address 12-57 Fre &t Royal Ake 4Or'kcke3�er VA EZ6aL Property ID# 11 NAME Pver-t L".rebrla n Jr Address o /57 Lru.re /wo ./)r'vt tidgars4,VA- L26oz— Property ID# V 4- 3 L NAME .1 Lc Address ,00 A»..herci hlrkc- Aes view Property lD# C04 3 NAME Address Property ID# 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. Planning Office, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540 -665 -5651 Facsimile 540- 665 -6395 Know All Men By These Presents: That 1 (We) (SW) (Name) E coon J 3 l u r gy Fox x (Phone) 46 607E (Address) /�3/ v 0 tt ?o c P'�E Zit; Ch 04 02a6cz the owner(s) of all those tracts or parcels "Property conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. t o 6' on Page 7( 2 and is described as Parcel: Lot: O Block: Section: Subdivision: in e Wt n r l a Fl c 13emh µ,rh ry borIcs 3 (Phone) 7 --S O S (Address) 693 r‘S. Ca.wvo lac., Rat pus eU WUc9,142$ To act as my true and lawfuN tomey -in -fact for and in my (our) name, place and stead w full power and authority 1 (we) would have if acting personally to file planning applications for my (our) above described Property, including: 6-- 14 (L..:.. '_offers\ X l- 6 won C t alit i life M y attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: do hereby make, constitute and appoint: (Name) This authorization shall expire one year from the day it is signed, or until i is otherwise rescinded or modified. 'Clay of AZ e-- 200 S In witness thereof, 1 (we) have hereto set my (our) hand and seal this Signature(s) �d�f/✓ C! 6�Q� State of Virginia, it County of lath To -wit: iGuoew //.FAX yv,e25 5A1 ,C. Lo/ Y, JEAAvME a, 8(1E8, a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who is (are) known to me, personally appeared before me and has vn acknowledged the same before me in the jurisdiction aforesaid this.airday of &r%G 200,57 Nof6ry Public PAL/ Special Limited Power of Attorney County of Frederick, Virginia My Commission Expires: n5/ -a7 Page 5 of 5 VARIANCE 1 (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. 1 agree to comply with any conditions for the variance required by the BZA. 1 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 SIGNATURE OF OWNER jrtlLQ44-6.- t (if other than applicant) BZA PUBLIC HEARING OF DENIAL OFFICE USE ONLY- 5/7A DATE- AGREEMENT ACTION: V APPROVAL SIGNElI11 -f' \4_ DATE DATE BZA CHAIRM N DATE: 5 I (5(OS "V /O c Let+ GRAPHIC SCALE 1 inch 40 11. 1.0' EVER! B -_i S 0059 W 90.00' LOT 5 22,500 SQ FT 15.3' 16.0 6 PROPOSED DWELLING 20.5 15.0' 1 =!'c6.5'R0 21.3' 1 -:j- I RENORTH DB 425 PG 768 75' BM_ SANITARY MANHOLE 0' N 00'59 00 E 90.00 W ATER VALVE FRONT ROYAL PIKE US RTE 522 80' R/W EXISTING DWELLING A NOTES: 1. THIS PLAT IS ONLY FOR THE PURPOSE OF SHOWING COMPLIANCE WITH SETBACK AND SIDEYARD DISTANCES FOR THE DWELLINGS AS DIMENSIONED HEREON. 2. EASEMENTS OTHER THAN SHOWN MAY EXIST. 3. ALL EXISTING UNDERGROUND UTILITIES SHALL BE PHYSICALLY LOCATED BY THE CONTRACTOR PRIOR TO THE BEGINNING OF CONSTRUCTION. 4. BUILDING DIMENSIONS SHOWN WERE TAKEN FROM PLAN FURNISHED BY BUILDER /DEVELOPER. UTILITY DRAINAGE EASEMENT ALONG ALL PROPERTY LINES. ID 6890 BUILDING SITE PLAN LOT 5 MEMORIAL HEIGHTS BEEKMANN LOTS SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA MARCH 22, 2005 AMW BUILDER APPROVAL INITIALS DATE )MARSH LEGGE 560 NORTH LOUDOUN STREET WINCHESTER, VIRGINIA 22601 3T P.L.C. PHONE (540) 667 -0468 Land Surve OT S, FAX (540) 667 -0469 40 0L FR'I k$5 GRAPHIC SCALE 0 20 40 IErREtintir 1 inch 40 ft. rn 15.3' o 15.0 S 00;59 W 90.00' LOT 5 22,500 SQ FT 80 16.0 S PROPOSED DWELLING o6.5 12.6 6' 20.5 21.3' alb RENORTH DB 425 PG 768 11.0' 75' BRL SANITARY MANHOLE h N 0059 00 E 90.00 WATER VALVE FRONT ROYAL PIKE US RTE 522 80' R/W EXISTING DWELLING NOTES: 1. THIS PLAT IS ONLY FOR THE PURPOSE OF SHOWING COMPLIANCE WITH SETBACK AND SIDEYARD DISTANCES FOR THE DWELLINGS AS DIMENSIONED HEREON. 2. EASEMENTS OTHER THAN SHOWN MAY EXIST. 3. ALL EXISTING UNDERGROUND UTILITIES SHALL BE PHYSICALLY LOCATED BY THE CONTRACTOR PRIOR TO THE BEGINNING OF CONSTRUCTION. 4. BUILDING DIMENSIONS SHOWN WERE TAKEN FROM PLAN FURNISHED BY BUILDER /DEVELOPER. UTILITY DRAINAGE EASEMENT ALONG ALL PROPERTY LINES. ID 6890 BUILDING SITE PLAN LOT 5 MEMORIAL HEIGHTS BEEKMANN LOTS SHAWNEE MAGISTERIAL DISTRICT 4FREDERICK COUNTY, VIRGINIA MARCH 22, 2005 AMW BUILDER APPROVAL INITIALS DATE MARSH 8c LEGGE Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET WINCHESTER, VIRGINIA 22601 PHONE (540) 667 -0468 FAX (540) 667 -0469 SANIEL L L. KREMER,. ET UX 0: DEED ELWOOD H. FOX, .SR.•,ET UX x X *-W* 4 *.*df.iFiF =iF•iF 1f- if.dFdE.dE.. %:*t.* E._._�....,._. CnoK 125' �+ce 766 THIS DEED made and date this 12th day of March, 1974, by and between Daniel L. Kremer and,Dorothy-C. Kremer, his wife, parties of the first part, and Elwood H. Fox, Sr., and Turessa K. Fox, his wife, parties of the second part.. 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, the said parties of the first part hereby grant, sell, and convey, with general warranty of title, unto the parties of the second part, as tenants by the entirety, with common law right of survivorship, all of that certain lot or parcel of land, together with all rights, privileges and appurtenances thereto belonging, lying and being situate .along the Eastern side of Virginia -U.S. Highway No.,522, about five miles South of Winchester, in Shawnee District, Frederick County, Virginia fronting on said highway a distance of 90 feet, .and extending back Eastward between parallel lines a distance of 250 feet, and being the same land identi- fied as Lot No,q5 on the Flat of Memorial Heights, Beckmann Lots, which is of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book No. 259, page 95, and further being the same land that was con- veyed to the said Daniel L. Kremer by Robert W. Wilt, et ux, by deed bearing date of January 6th, 1964, and of record in the aforesaid Clerk's Office in Deed Book No. 304, page 216. A reference to said records, and to the reference therein contained, is here made for a further and more particular description of said land. It is expressly stipulated that said land is conveyed subject to all of the restrictive conditions and covenants contained in the Deed of Dedication to said Memorial Heights, Beekmann Lots, which is of record in the aforesaid Clerk's Office in Deed Book No. 259, page 93, together with any and all other applicable, or legally enforceable, restrictions and easements, if any, of record affecting same. Except as noted above the aforesaid grantors covenant that they have the right to convey the said land to the aforesaid grantees that the said grantees shall have quiet possession of the said land, free from all encum- brances; that they have done no act to encumber the said land; and that they will execute such .further assurancesof the said land as may be requisite. 1 s May 3, 2005 NOTIFICATION OF PUBLIC HEARING TO: THE APPLICANT(S) AND /OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #14 -05 OF PAUL HUBER COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540/665 -6395 On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, May 17, 2005, at 3:25 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 #14 -05 of Paul Huber, for a 39 foot right yard variance and a 39 foot left yard variance. This property is located on the eastern side of Front Royal Pike (Route 522) approximately 0.1 miles south of the intersection of Front Royal Pike and Vine Lane (Route 850), and is identified with Property Identification Number 64D -4 -5 in the Shawnee Magisterial District. Any interested parties having questions or wishing to speak may attend this hearing. A copy of the application will be available for review at the Handley Library or the Bowman Library the week of the hearing, or at the Department of Nanning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, ark R. Chen Zoning and Subdivision Administrator MRC/bhd 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 to This is to ceryify that the attached correspondence was mailed to the following on /p S from the Department of Planning and Development, Frederick County, Virg 64D 4- 5- FOX, ELW00D H SR TURESSA K 1231 FRONT ROYAL PIKE WINCHESTER, VA 22602 -4425 Paul Huber, Classic Contractors, Inc. 623 Sycamore Rd. Harpers Ferry, WV 25425 64D 4- 6- BRAITHWAITE, WILLIAM E 1257 FRONT ROYAL PIKE WINCHESTER, VA 22602 -4425 64 A• 36- BEEKMAN, EVERT JR. 157 LAURELW00D DR WINCHESTER, VA. 64 -3- A-1 JUCAPA, LC 1600 AMHERST ST WINCHESTER, VA 22601-2805 STATE OF VIRGINIA COUNT OF FREDERIC My commission expires on 22602-4436 Mark R. Cheran Zoning Subdivision Administrator Frederick County Planning Dept. I, �4. %i,� a Notary Public in and for the State and County aforesaid, do h -eby certify that Mark t' Cheran, Zoning Subdivision Administrator, for the Depaz en of Planning and Development, whose name is signed to the foregoing, dated �/rS 0 5 has personally appeared before me and acknowledged the same in my State County aforesaid. Given under my hand this SAG( day of 3; d Si g REQ. rill-Lc- H ut30 19. 1. 4 low s papa 3d5 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: M a NAE EJond fl. rrtressa K Foy Address /231 From Royal Ake VA Zzl�oz Property lD# 6 VD rj 4 NAME W1111°3)1 F.. ateug Ala I 1 I Address 12-57 FrAn Royal Ake U4cke.5kr, VA LZ6 Property ID# (VD v V NAME Avert L n A v' f/ Address /57 Lcur/e /wood .nnvt, tiiertNe,4r LZ 4Ot Property ID# L V- Al— 3 L NAME .T OC PA L C- Address� Go o Iiix.Aers+ klhk.des 4 Property ID# �P 3 NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# ,zzeiae TO:BARBARA -DATA PROCESSING FROM:Bev- Planning Dept. Please print 02, sets of labels by THANKS!! vff>r KC Q. p1LLL H ,c IP P.T.rv.. s papa 3d5 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, indicting properties at the sides, rear and in limit of (across street from) the subject property. (Use additional pages if necessary.) These people will be notifd by mail of this application: 1 NAME C /uwaod N. K• fo-,c Address /2431 Fronf Rarf0/ Pke c4J/ c(Ss�r Z Z(O Z Property ID# 69h -1- 4 Wt a Au i 4e. Address 1257 Frnas t c o r al Ake, u'1cke3k VA Cu, oz. Property ID# VD b NAME Address fr rf a,rm6 n Jr 157 wo Property ID# G '5 4 3 NAME -J UCI'}PR !-1 rA L C Address Goo ers 1 +.hk.cl'tesjer, tt(or Property ID# Cog- .3 NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# /7 V4 LZ en TO:BARBARA -DATA PROCESSING FROM: Bev Planning Dept. Please print 02, sets of labels by THANKS!!