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BZA 04-16-96 Meeting AgendaFILE COPY AGENDA FREDERICK COUNTY BOARD OF ZONING APPEALS The Old Frederick County Courthouse Winchester, Virginia April 16, 1996 3:25 p.m. CALL TO ORDER 1) Meeting Minutes of March 19, 1996. 3:30 p.m. PUBLIC HEARINGS 2) VARIANCE APPLICATION #002-96: Andrew J. Maguschak is requesting a 10.73' front yard variance for an addition to an existing residence. The property is located at 101 Greenway Court in an RA (Rural Areas) Zoning District and is identified with Property Identification Number 60A -2A -A-16 in the Back Creek Magisterial District. 3) VARIANCE APPLICATION #003-96: Robert Emmons, Jr. and Kathy Emmons are requesting a 5' front setback variance (from Anderson Street) for a single-family residence. The property is located at the intersection of Senseny Road and Anderson Street in an RP (Residential Performance) Zoning District and is identified with Property Identification Number 65B -4-A-1 in the Stonewall Magisterial District. 4) Other MEETING MINUTES OF THE FREDERICK COUNTY BOARD OF ZONING APPEALS Held in the Board Room of the Old Frederick County Courthouse, 9 Court Square, Winchester, Virginia, on March 19, 1996. PRESENT: Manuel Sempeles, Jr., Chairman, Stonewall District; James Larrick, Jr., Vice Chairman, GainesboroDistrict; Harold Nichols, Opequon District; Oren Snapp, Back Creek District; Ralph Wakeman, Shawnee District. STAFF PRESENT: W. Wayne Miller, Zoning Administrator; Michael Ruddy, Planner I; Renee' Arlotta, Office Manager; and Carol Gordon, Secretary. CALL TO ORDER Chairman Sempeles called the meeting to order at 3:30 p.m. INTRODUCTION OF NEW STAFF MEMBER - MICHAEL T. RUDDY, PLANNER I Mr. Miller introduced the Planning Department's newest staff member, Michael T. Ruddy, Planner I. MINUTES OF NOVEMBER 21, 1995 Mr. Larrick noted a correction to page two of the minutes. He stated that the motion for approval of Variance Application #018-95, Gary J. Kerns, was a 3-2 vote rather than unanimous. Upon motion made by Mr. Sempeles and seconded by Mr. Larrick, the minutes of November 21, 1995 were unanimously approved with correction. PUBLIC HEARING (3:35 p.m.) Variance Application #001-96 of Philip and Janice Yount for a 4' 7%:" variance for an existing 2 8' x 16' pole barn. The property is located at 1506 Hunting Ridge Road and is identified with Property Identification Number 21-A-17 in the Gainesboro Magisterial District. ACTION - APPROVED DISCUSSION Mr. Ruddy presented the application and passed photographs of the pole barn to the Board members. Mr. Ruddy said that staff recommended denial of the variance as it appeared to provide a convenience and did not present a hardship. Chairman Sempeles called for citizen comments and the following persons came forward to speak. Rick and Joyce Wright, adjacent property owners, spoke in opposition to the application explaining that they had recently applied for a building permit to put up a pole barn and discovered setback regulations and that if they had to go by the rules, then so should the applicants. Mr. Larrick voiced a question on the original building specifications and asked the Wrights if they owned the property when the Younts' barn was built. The Wrights answered yes, but were not aware of the setbacks at that time. Mr. Larrick inquired as to whether the Planning Department had received any phone calls as to why the applicants were not present; Mr. Miller answered they had not. Chairman Sempeles questioned whether this application should be tabled or acted upon since the applicants were not present. Mr. Nichols asked if this was an actual pole barn or set-in barn, and if it was built in 1991. Chairman Sempeles asked the Wrights to return to the podium and questioned why they did not complain about the setback violations earlier; they replied that they just found out about them in November when they applied for their own building permits to build a pole barn on their property. Howard Pohn, another adjacent property owner, spoke in opposition to the variance. He stated that "rules are rules" and that the applicants should have to abide by them. Mr. Miller spoke regarding the building permit and state codes changing since 1991 and that if the Younts had come in today for a building permit, the violation would have been C identified. Mr. Larrick moved for the variance to be denied. The motion died for lack of a second. Upon motion made by Mr. Wakeman and seconded by Mr. Nichols, the variance was approved by the following majority vote: YES (IN SUPPORT OF THE MOTION: Mr. Sempeles, Mr. Nichols, Mr. Snapp, Mr. Wakeman NO: Mr. Larrick BE IT RESOLVED, that the Frederick County Board of Zoning Appeals, by a 4-1 vote, approved Variance Application 4001-96 of Philip R. and Janice Yount for a 4' 7'/ variance for an existing 8' x 16' pole barn. This property is located at 1506 Hunting Ridge Road and is identified with Property Identification Number 21-A-17 in the Gainesboro Magisterial District. ELECTION OF OFFICERS FOR 1996 Action - Election of Carol Gordon as Secretary Mr. Miller called for the election of a secretary due to the resignation of Denise Cather. The nomination of Carol Gordon was made by Mr. Larrick and seconded by Mr. Snapp. BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby unanimously elect Carol Gordon as Secretary of said Board for 1996. Action - Re-election of Chairman Sempeles as Chairman The nomination of Mr. Sempeles was made by Mr. Larrick and seconded by Mr. Wakeman. FA BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby unanimously re-elect Manuel Sempeles, Jr. as Chairman of said Board for 1996. Action - Re-election of James Larrick, Jr. as Vice Chairman The nomination of James Larrick, Jr. was made by Mr. Wakeman and seconded by Mr. Snapp. BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby unanimously re-elect James Larrick, Jr. as Vice Chairman of said Board for 1996. ADJOURNMENT There being no further business, the meeting was adjourned at 3:50 p.m. Respectfully submitted, Manuel G. Sempeles, Chairman Carol I. Gordon, Secretary File: A:wIINUTESNARCHMEIZA BZA REVIEW DATE: 04/16/96 VARIANCE #002-96 ANDREW J. MAGUSCHAK LOCATION: The property is located in High View Manor at 101 situated in the intersection of Greenway Court and Manor Drive. High Route 608, approximately 4.8 miles south of Route 50 West. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 60A -2A -A-16 Greenway Court. The lot is View Manor is located on PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Residential ADJOINING PROPERTY ZONING & USE: Zoning RA (Rural Areas) District; Land use - Vacant VARIANCE: A 10.73' front yard variance for an addition. REASON FOR VARIANCE: The applicant states that the shape of the property, the road on two of the three sides of the property, and the location of the septic system, drainfield, and well restricts the location of the addition to the proposed position. The proposed addition would place the structure in violation of the front setback requirement which is 30 feet. The variance is needed to place the proposed addition in compliance with the zoning ordinance. STAFF COMMENTS: The High View Manor subdivision was approved in 1962. Mr. Maguschak's property is lot sixteen and was platted with a front yard building restriction line of thirty feet. This building restriction line is shown on the enclosed plat. The current front yard setback requirement for structures in the RA (Rural Areas) zoning district is sixty feet. However, the original thirty-foot building restriction line will be adhered to. The proposed two-story addition would be 19.27from the Manor Drive right-of- way and would place the structure in violation of the zoning requirements by 10.73'. The lot is located at the intersection of two roads which creates a slightly irregularly shaped property. Within the subdivision there are numerous irregular lots. All of the lots within the subdivision are Maguschak Variance Page 2 April 8, 1996 relatively small and have a limited building area. The restrictive size of the lots is consistent throughout the subdivision and, as Mr. Maguschak has a house on the property, a demonstrable hardship approaching confiscation does not exist. The Code of Virginia, Section 15.1-495(2)(a) and (b) states that no variance shall be authorized by the board unless it finds that strict application of the ordinance would produce an undue hardship and that such hardship is not shared generally by other properties in the same vicinity. Staff believes granting this variance would be inappropriate as a demonstrable hardship approaching confiscation does not exist and, furthermore, the restrictive lot size is shared generally by other properties in the same vicinity. STAFF RECOMMENDATION: Denial. File K.\WP\CNfN,COMMENTS\MAGUSCHK.BZA Location Map for PIN: 60A -2A ---A-16 Variance #002-96 Andrew Maguschak MUST HE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner Ao'� other . (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME:J 'C i1'1RI�,lrlL1' NAME: ADDRESS r ADDRESS: VA TELEPHONE: n L TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): x cr r•� i Jill I J TiYLt T J Q .li 70 T Le i L 4. The property has a road frontage of �rfeet and a depth exact) of / 5�5 -6 ' feet and consists of 1. U -- acres. (please be 5. The property is owned by 46vo _ as evidenced by deed from A2.ii nl ��,� �i recorded (previous owne ) in deed book no. f-23--_ on page h of the deed books of the Clerk of the Court for Frederick County. Attach a copy of the deed. 9 page 2 of 5 6. Magisterial District:_ LSA C,P� 7. 14 -Digit Property Identification No.: bO,¢o ---;�14 -ooaA -a /ln 8. The existing zoning of the property is: _,O S 1CJ1-1741�L 9 . The existing use of the property is: d---11 fa_,e!r'' 10. Adjoining Property: USE ZONING North iii , /c 7 - East East South —2r-S,dr> 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.") A /o. 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 -- 0 f12 -- JI—S lYLL FX /:S % /,iL f-%nirL!- 1��_� eihl/��/� !�/►� i Q C - Page 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 notified by mail of this application: Please list cvm fete 14- di(Tit_Droperty identification number) NAME e cam. " A.e 2 ,34rA- Wcx-P, Address r'Hc#T�f/AI/ � L / Property ID# I / Aaaress— �'iA]Address- 6 3 Property Property I lcric -iC - rcc _ - CcC- Address /S 4'-:r6 Property ID# / r ssr- /�• �'� r1 _ f-� r- (. Addre�sl s Property ID# Address �/ 7 roperty�ID# 1" ",�C 1,4 ��r.-.4 Address Property ID# Property ID# Address Property ID# Aaaress Property es erty 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. Adjoining Pronerty YOUR PROPERTY Adloi6nq Prow =Addi? $ � �'on 1 0: Ra erty Line ___-----------------L-.Center of Rood Rood OW THESE MEASUREMENTS �� �e� C= L l •? �" t�! — <`-/ '� \ �� .sem j s� C� Page 5 of 5 VARIANCE # AGREEMENT 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. SIGNATIIRE OF APPLICANT �%fiz.i DATE V SIGNATURE OF OWNER DATE (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF OAPPROVAL DENIAL DATE - ACTION: - SIGNED: BZA CHAIRMAN DATE: I I1-40-7--f'$' o" E- (o 6, oar L— 0 Iz - 30.x' A - 47. 1 O 0 \All<o G G � A/ ,4� I . P. S N oTr- 5 I I P F = IFLoN PIN FOUND, Z. I.P.5. - IFRcr! PIN SET. 3. E5.2 L.= E5UlL-DING R-ESTWG-TIoN SINE PLAT 'iHoWING aXISTING HoU-5;E AMP NEW ADDI-Ttor{ FoFL VA R IA N GE HIGH v Ew I MANotZ BACK GFLEE K P15Tf2IGT - FszE-pe2iGK GAUNT'{, VI RC,IHIA SCALE I I DATE: MAFzGH ice}-, IPJ�J(o GREENWAY, INC. 970 Baker Lane. Winchester. Virginia 22603 59-0-662-4185 H. Bruce Edens, L.S. - President SURVEYING - DESIGNING - PLANNING RESIDENTIAL • AGRICULTURAL • COMMERCIAL • INDUSTRIAL • CONSTRUCTION P( % �O �N 0 a a 0 �.13RUCE Ep S No. 000162-8 SHEET I of � r > 3 107. z7' �= 0 I 34�. 7 O 1� TO EXISTING HOUSE cc"+ e 0 N C 0 L Z Iz - 30.x' A - 47. 1 O 0 \All<o G G � A/ ,4� I . P. S N oTr- 5 I I P F = IFLoN PIN FOUND, Z. I.P.5. - IFRcr! PIN SET. 3. E5.2 L.= E5UlL-DING R-ESTWG-TIoN SINE PLAT 'iHoWING aXISTING HoU-5;E AMP NEW ADDI-Ttor{ FoFL VA R IA N GE HIGH v Ew I MANotZ BACK GFLEE K P15Tf2IGT - FszE-pe2iGK GAUNT'{, VI RC,IHIA SCALE I I DATE: MAFzGH ice}-, IPJ�J(o GREENWAY, INC. 970 Baker Lane. Winchester. Virginia 22603 59-0-662-4185 H. Bruce Edens, L.S. - President SURVEYING - DESIGNING - PLANNING RESIDENTIAL • AGRICULTURAL • COMMERCIAL • INDUSTRIAL • CONSTRUCTION P( % �O �N 0 a a 0 �.13RUCE Ep S No. 000162-8 SHEET I of HIGH VIES! MANOR LOTS 4 — 38 BLOCK B LOTS 9 — 38 BLOCK A. SECTION "A" AND LOTS 1 — 16 8 47 — 48 BLOCK C LOTS 1 — 11 & 19 — 29 BLOCK D LOTS I — 25 BLOCK E SECTION "B" LOCATED NEAR MT WILLIAMS IN BACK CREEK MAGISTERIAL DISTRICT. FREDERICK CO.. VA. SURVEYED AUG. 13. 1962 RICHARD U. GOODE CERTIFIED SURVEYOR CURVES FOR SMELTS t Awn s Lots annrove: on ir.!r?dial •Cf basis. AP RO BY SAN AMAN HEALTH DIRECTOR WINCHESTER—FREDERICK CO. HEALTH DEPT. APPROVED BY : FREDERICK CO. BOARD nOF SUPERVISORS BYRON BRUMBACK . CHAIRMAN /"/11- O CURVE TABLE N NO. DELTA TAN. RADIUS ARC. 1 90.00' 30.0' 30 0' 47.1' 7 52.20' 65.5' 133.9' 122.3' 9 291.40' Q O 45.0' 229.8' 10 29.00' 38.79' 150.0' 75.91' 11 37.40' 34.11' 100.0' 65.74' 12 98.32' 11.8' 8.9' 17.7' 13 74.48' 15.3' 20.0` 28.1' 14 3• lo' 7.62' 27s.o' Is.Y IS 96. 51' 22.55' 20.0` 33.61' 16 64'53' 12.71' 20.0' 22.65' 17 AS•04' 206.42' 225.0' 334.061- 118 63.38' 170.62' 275.0' 305.41' 19 35.40' 12.87' 40.0' 24.89' 20 251.19' - 400' 17546' Lots annrove: on ir.!r?dial •Cf basis. AP RO BY SAN AMAN HEALTH DIRECTOR WINCHESTER—FREDERICK CO. HEALTH DEPT. APPROVED BY : FREDERICK CO. BOARD nOF SUPERVISORS BYRON BRUMBACK . 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XW User . . . . . . . . . . TRJ Page 03/18/96 10:10:2 FREDERICK CO Property Card Inquiry BACK CREEK Map N 60A 2A A 16 MAGUSCHAK, ANDREW J. Acct 00 Record# 18977 120 OVERLOOK RD Dwell# 1 GORE, VA Acreage Class 2 22637 ------------------------ HIGHVIEW MANOR L16 BA SA 60A00002000A0.00A00160 --------------------- House# Dir Street Name Type Di 00101 GREEN WAY COURT -------------------------------------- ssessed Value Land Use & Value Year 1/01/91 Type Acres Price Adj Value Land 7,000 HOMESITE 7,000 7,000 Impr 61,100 Minrl Tot 68,100 Front Depth Dp Fac Area Unit Rate Adj Min Val Under Dev- Min Val Not Under Dev- Cmdl4-Land Cmd: 1 -Search 2-N&A 3-Int/Ext 4 -Values 5-0I 6 -Bldg Descr 8-Sktch 9 -Back 12 -Se Dan Maguschak 101 Greenway Ct. Winchester, VA 22602 (540) 877-2755 To whom it may concern: Let it be known, that we the residents of Highview Manor, located in Frederick County, Virginia, have reviewed, understand and do not oppose the variance needed for a building addition. The variance is being requested for section A Lot 16 of Highview Manor. Sincerely, Dan Maguschak © '{a 6i.2T �Ji+lTt l 3 S V4 Lt%t V 4 L,a,� i 301. #1517 " WILLIAM M. MAY, ET UX TO: :: DEED * I ANDREW J. MAGUSCHAK, ET UX BK575FG30I THIS DEED made and dated this.r. -1>ZL ,IaY o f r 1984, by and between WILLIAM M. MAY arrd EUNICE V. FJAY, hie , Wi of Ilia first Pay t hereinafter called the Grantors and BREW J• Parties and OOROTIiY L. MACUSGIAK, his wife NAGUSCHAK parties of the second part, hereinafter called the Grantees. WITNESSETHt That for and In consideration of the stun of Ten Dollars ($10.00), and other good and valuable consideration, receipt ! Whereof is hereby acknowledged, the Grantors do hereby grant and convey with general warranty and English covenants of title, unto the Grantees, Jointly, so tenants by Lire entirety, with the right of survivorship, as at common law, the following described propertyi All of that certain parcel of land located near Mount Williams in the Back Creek Magisterial District, Frederick County, Virginia, designated as Lot 16, Block A, Section A, Of High View Manor, and more particularly described by a plat and survey of Richard U. Goode, C.L.S., dated September 30 I 1965, and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 315, at Page 535. This Is the some realty conveyed to the Grantors by Richard I A. Loy and Delorie J. Loy, his wife, by Deed dated May 8, 1978, and recorded in the aforesaid Clerk's Office in Deed Book 491, at Page 361. This conveyance, however, is made subJect to all rights of Ways, easements, and/or conditions of record, if any affecting the aforesaid realty. The Grantors do hereby covenant that they have the right to convey said realty to the Grantees, that the Grantees shall have quiet and Peaceable possession of the said property, free from all liens and encumbrancea$ and that they Will grant Duch further assurance of title pa may be requisite. WITNESS the following signatures and 600101 -H1 alt. . �`C-���'""-, (SEAL) • • ,. .T.��iAM HL. MAY (SEAL) I • r I BK575PG302 i STATE of ' ,•to-Witl 1, for the State end r a Notary public in and that WILLIAM M. MAY, Whose Hama ie ei aforesaid, do hereby certify g data on the _&t_ day of bearL� 9ned to the foregoing Deed yyf appeared before me and ockn '^`+'F-, 19114' has personally owlodged the a me before me in my State and aforosaid. Civen under my hand this -W-day of' .z MY Comm'0810n expires 1984• STATE of N rY Nub r r to -wit, for the State and r,a Notary public in and that EUNICE V. aforesaid, do hereby certify MAY, Whose name s signed to the fore date on the _'day of foregoing Deed bearing before me end acknowledged P 1984, hes Personally Sed the appeared a before me in my State and. aforesaid. ' Ivan under my hand thistday of , My Commission expires r 1984• tar ublic 114GURA FREDERICX COU1.1M SCT. ' .. • This Lnslrument of writin'J was produced to ms on tho A day of �(\ 19 8 , et �`�5 A_ft and with cerlilicate of ackao �dameat .thereto Anne ce3 was 'admitted to record. Tax imposed of deo. ed -j4.1 of $ �t �" • o , and 53-54 have been�aI / P d, ifClark a�se•sabl�. BZA REVIEW DATE: 04/16/96 VAR 1ANCE ft003 96y ROBERT & KATHY EMMONS, JR. LOCATION: The property is located at the intersection of Senseny Road and Anderson Street. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 6513-4-B1 PROPERTY ZONING & USE: Zoned RP (Residential Performance) District; Land use - Vacant ADJOINING PROPERTY ZONING & USE: Zoning RP (Residential Performance) District; Land use - Residential VARIANCE: A 5' front setback variance for a single family residence REASON FOR VARIANCE: Due to the exceptional narrowness of the lot and the limited building area imposed by the front setback onto Anderson Avenue, the variance is requested to allow them to build upon the lot. STAFF COMMENTS: Within the RP (Residential Performance) zoning district, the minimum setback from the road right- of-way is thirty-five feet, the side yard is ten feet, and the rear yard is twenty-five feet. Mr. and Mrs. Emmons' property is located at the intersectionof Senseny Road and Anderson Street and, therefore, has frontages onto both of these right-of-ways. The lot was platted in 1957, before the Zoning Ordinance was enacted. A seventy -five-foot front setback from Senseny Road is evident on the original subdivision plat. There is no setback from Anderson Street shown on the plat, therefore, the setback from Anderson Street is determined by current standards which is thirty-five feet from the right-of-way. Taking into consideration the width of the lot (79'), the front setback from Anderson Street (35') and the required side yard (10'), the Emmons are left with an extremely restrictive building area. The width of the structure, if placed on BZA Application #003-96 Page 2 April 8, 1996 the ten -foot side yard line, could not exceed thirty-four feet. Mr. and Mrs. Emmons are aware of the narrowness of the building area and have been searching for a house plan that would fit into the building area. The house plan submitted with the application is of the house they are proposing to build. Placing the house on the ten -foot side yard line of the lot would result in its being in violation of the ordinance by approximately four feet. The Emmons' are requesting the five-foot variance in order to provide them a building area large enough to place the structure on. (As the lot is slightly thinner at the rear, a five-foot variance takes into consideration the rear corner of the building which would protrude into the setback slightly further than the front comer of the building.) This variance will allow them to build upon the lot. The surrounding lots are generally the same size as the Emmons' lot. However, this lot is unique in that it has double frontage requiring an additional front yard setback of thirty-five feet onto Anderson Street. This requirement is not shared by other properties in the vicinity. Other corner lots within the subdivision are shown to have a twenty -foot front setback line from the road. The house located directly across Anderson Street is located approximately twenty feet away from the Anderson Street right-of-way. Strict application of the zoning ordinance would effectively prohibit use of the property creating a clearly demonstrable hardship approaching confiscation. Granting the variance would alleviate the hardship. The hardship is not shared by other properties in the vicinity. Also, the character of the district will not be changed by the granting of the variance, and granting the variance will not be of substantial detriment to adjacent properties. Staff believes that this variance request meets the criteria required for granting a variance. STAFF RECOMMENDATION: Approval File: KAWPICNIMCOMMENTS` NIMONS.BZA Location Map for PIN: 6513-4—A1 Application #003-96, Robert Emmons Jr. MUST BE TYPED OR FILLED OUT IN INK -.PL-EASE PRINT 1. The applicant is the owner other (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: {--}"- KA'}i1� 1 L- r�, rnr aNAME : ADDRESS_j������}o >r ADDRESS TELEPHONE {`C� 1�((r �J - (r. rI S . TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): 4. tid The property has a road frontage of `% feet and a depth of J, 06, ' feet and consists ofes. exact) acr(please be 5. The property is owned by as evidenced by deed from _Ekt-then r) ley ��,Mry��.ecorded (previous owner) in deed book no. on pageof the deed books of the Clerk of the Court for Frederick County. Attach a copy of the deed. 2 Page 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 notified by mail of this application: _Please list complete 14 - digit Property identification number AT Z\ MLS page 2 of 5 6. Magisterial District: 7. 14 -Digit Property Identification No.: p-1 S. The existing zoning of the property is: 9. The existing use of the property is:_ VCS 10. Adjoining Property: USE ZONING North - • n East �rl,o- l L South rl--- - n: 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.") ..5 �. (C) 0 L(--: �� . i he. f uvLI , 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 4C 13. Additional comments, if any ri 11 -If—ur 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. J Adjoining Prooerty YOUR PROPERTY Adjoining Prooert o v E IAddi i $ � tion � o_ IF6eneriv Line i -- - - - - ----------- - - - - -=Center of Rood ------- Road Ow THESE MEASUREMENTS t�.c pale. Mc. Mel\ oc c -10- �o' 101 1C h 'RA Page 5 of 5 AGREEMENT VARIANCE j�Q 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 Count officials to go upon the property for site inspection purposes. y 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 � � J DA -L -9. TE 3 � �i SIGNATURE OF OWNER_L r , ��1 /Ylf�h DATE - - (if other than applican`) i -OFFICE USE ONLY- BZA PUBLIC HEARING OF ACTION: - DATE - APPROVAL I I DENIAL SIGNED: L� BZA CHAIRMAN DATE: TO ORDER TNIS BLUEPRINT, GILL TOLL-FREE 1.800.847.5570 54 W! as and detaib on ipt).12-15.9 Your Size • This country -style cottage will fit anywhere, even on a small, in -town lot. Its charming character and 35 -ft. width make it an ideal choice for those who value vintage styling along with plenty of yard space. The large covered front porch further extends living space and contributes to the attractive facade. • Vaulted ceilings in the dining room and living room lend a spacious feel to the home. The living room features a fireplace framed by windows, and bay windows brighten the dining room. A galley -style kitchen leads to the utility and storage rooms placed near the back entrance. • The master bedroom has French doors opening onto a backyard patio, a private bath with lots of storage space, plus a walk-in closet. Another full bath is centrally located, just across the hall from the remaining two bedrooms. Plan J•86119 Bedrooms: 3 Baths: 2 Space: Main floor 1,346 sq. ft. Total Living Area 1,346 sq. ft. Basement 1,346 sq. ft. Carport 400 sq. ft. Exterior Wall Framing 2x4 Foundation options: Standard Basement Crawlspace Slab (Foundation & framing conversion diagram available—see order form.) Blueprint Price Code A �3R5 8K748Pc0326 THIS DEED, made and dated this 11th day of July, 1990, by and between NORTHERN COUNTIES DEVELOPMENT CORPORATION, a Virginia Corporation, hereinafter called the Grantors, and ROBERT S. EMMONS, JR., and KATHY L. EDSMONS, his wife, hereinafter called the Grantees. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantors do grant and convey, with General Warranty and with English Covenants of Title, unto the Grantees, as tenants by the entirety in fee simple, with survivorship as at common law, together with all rights, rights of way, privileges, improvements thereon and appurtenances thereto belonging, all of the following realty: All of that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, lying and being situate in Shawnee Magisterial District, Frederick County, Virginia, designated as Lot 1, on the Plat of Burning Knolls Subdivision, Section A, and shown on the plat of the Deed of Dedication, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 250, at Page 1; And being a portion of the same property conveyed to the Grantors herein from Melvin B. Johnson, by deed dated December 15, 1989, and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 733, at Page 768. Reference is here made to the aforesaid plat, Beed and the references contained therein for a further and more particular description of the property conveyed herein. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty. The execution of this deed has been duly authorized by raxar, 1 truaeKnanori • ArrowMrr AT LAW 390aw+ """WIT w000c"66M.VOM MA tsar This J n_S and •r►aONm AT ur wfowr MMI RIS wn.CMgTU1, v^o BK748PGO327 the Directors of the Grantor Corporation and nothing in the Corporate Charter or By -Laws reserves the power unto the stockholders to convey a part of the corporate real property. WITNESS the following signatures and seals: NORTHERN COUNTIES DEVELOPMENT, CORPORATION, a Virginia Corporation "'ZBY: Ze— (SEAL) STATE OF VIRGINIA 64ty/County of To -wit: I, 4 , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that l V. f PjS as 1' i'kq( • a duly authorized officer of NORTHERN COUNTIES DEVELOPMENT, CORPORATION, a Virginia Corporation, whose names are signed to the foregoing Deed,'dated this 11th day of July, 1990, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 1� .day of July, 1990. My commission expires FREDERICK COUNTY, SCT. Ment of writing was produced to me on the may O 191 atto � anti !Cate of ec ledgment t So— led to mcord. Tax Imposed by and 58.54 haw been paid, If assessable. nfIl-�� CLERK i OTHER W zi Q /D O W N IN J J 75' m W 2 3 0 / 56.3 CONCRETE MARKER N 68 II -II -S7 IC149STER FREDERICK HEALTH DEPT. LLIAM D. NASH 0. HASH, SANITARIAN L. LINDALL NDALL. M.O. HEALTH DIRECTOR :0 BY COMMON COUNCIL, CITY :ESTER, MLlKDMMKR 12.1027 2ANT CITY MANAGER LAND <w� 0 iOtZe ~ o z . ~ i• V s w�aw►O.a,.Va Exxa O j a , 20`Oo00tur '" C w YA,y 3 <w"l-M.3 2 <FVO F Q y, O w. a O 0109 SM=WZ .<wi0 m W -c 1-< a J ~ C F.Rt< != z f N 210' e W O z<uM3a<`0 <� id ► M< O f i U= O L W J W W JU z4zz 0 z FZO/.A<o<`V .wxzrZn OF< 0 ~iato o Z,.z 7< W z N O n E-� M J� w i N. V i N 56, 9 J a / / N B t 56-34 0. / CONCRETE 14A"I RT CONCRETE MARKE R O AD 1445.6' SENSENY B. & B. REALTY CO. BURNING KNOLLS SUBDIVISION SECTION "A" ~ SENSENY ROAD SHAWNEE DISTRICT <_ $� FREDERICK COUNTY. VIRGINIA z W = 100' OCTOBER. 1957 a LEE A. EBERT. C. L S � :Y TA O z Z O V NOV. 11, 1957 APPROVED FOR VA. DEPT. Of HIOHWAYS By- C. H. COFFMAN, RES. EHOR. NOX It. 1957 APPROVED FOR FREDERICK COUNTY BOARD OF SUPERVISORS BT: —G_ M_ RO9ENR R+ R CHAIRMAN I HER LAND OTHER 210' LAND 132 O OQ 11 r�Z n 70 70 I 56, 70' 70' _ 70' 74 70' 70' 70' 56 tr-j OTHER 1� 2 it J W �. LAND hC ° u > c W N_O 'FW 3 V �. K O C O .a t`n q N 2 O H IZZ N N Z N 2 _ cv 'N �1 NE.� ^� Z 21 O/ W ♦ m ta ? O --- Q I2 1'J 14 15 ' 56.34 1�0 / 5 68° 38' E z IO 11 / 7 9 J a / / N B t 56-34 0. / CONCRETE 14A"I RT CONCRETE MARKE R O AD 1445.6' SENSENY B. & B. REALTY CO. BURNING KNOLLS SUBDIVISION SECTION "A" ~ SENSENY ROAD SHAWNEE DISTRICT <_ $� FREDERICK COUNTY. VIRGINIA z W = 100' OCTOBER. 1957 a LEE A. EBERT. C. L S � :Y TA O z Z O V NOV. 11, 1957 APPROVED FOR VA. DEPT. Of HIOHWAYS By- C. H. COFFMAN, RES. EHOR. NOX It. 1957 APPROVED FOR FREDERICK COUNTY BOARD OF SUPERVISORS BT: —G_ M_ RO9ENR R+ R CHAIRMAN I