BZA 06-16-98 Meeting AgendaFILE COPY
AGENDA
FREDERICK COUNTY BOARD OF ZONING APPEALS
The Board Room
Frederick County Administration Building
107 N. Kent Street
Winchester, Virginia
June 16, 1998
3:25 p.m. CALL TO ORDER
1) Minutes of May 19, 1998
PUBLIC HEARING
2) Variance #011-98 of Cynthia D. Ebert for an 11 -foot rear yard setback variance for
an attached addition to an existing single-family residence. This property is located at
208 Lakeridge Drive, and is identified with Property Identification Number 75H-3-7-
197 in the Shawnee Magisterial District.
PUBLIC MEETING
3) BZA Application #012-98: Appeal of Decision Made by the Frederick County
Zoning Administrator regarding Pine Knoll Construction (Jeffrey Jenkins). The
property in question is identified by Property Identification Number 55-A-115 in the
Stonewall Magisterial District.
4) Other
C
C.
MEETING MINUTES
OF THE
FREDERICK COUNTY BOARD OF ZONING APPEALS
Held in the Board Room of the Frederick County Administration Building, 107 N. Kent Street,
Winchester, Virginia, on May 19, 1998.
PRESENT: James Larrick, Jr.,Vice Chairman, Gainesboro District; Theresa Catlett, Opequon
District; Dudley Rinker, Back Creek District; Ralph Wakeman, Shawnee District
ABSENT: Manuel Sempeles, Jr., Chairman, Stonewall District
STAFF
PRESENT: Michael T. Ruddy, Planner H; Carol Cameron, Secretary
CALL TO ORDER
In the absence of the Chairman, Vice Chairman Mr. Larrick called the meeting to order
at 3:25 p.m.
MINUTES OF APRIL 21, 1998
On a motion made by Mr. Rinker and seconded by Mrs. Catlett, the minutes for the April
21, 1998 meeting were unanimously approved as presented.
Variance 9005-98 of Gary and Dianne DeOms for a 10 -foot side yard setback variance (north) for
an addition to an existing single-family residence. This property is located at 149 Carters Lane,
and is identified with Property Identification Number 74 -A -10E in the Back Creek Magisterial
District.
ACTION - APPROVED
DISCUSSION
Mr. Ruddy read the application background and the staff comments, and presented
photographs of the property for the Board's review.
Mr. Gary DeOms, applicant, spoke in favor of the request stating that he and his wife
needed more living space. He stated that they both have elderly mothers and anticipate the need to care
2
for one or both sometime in the future. The current conditions of the home were not "handicap friendly"
and they wanted to add a handicap ramp and provide living quarters.
Mr. Larrick asked Mr. DeOms how long he has owned the property and whether there
was a possibility that the neighbor could give them 10 feet [property line adjustment]. Mr. DeOms
replied that they have owned the property since 1978, and that it was not likely that the neighbor would
be willing to give them 10 extra feet due to a past disagreement involving dogs.
Mr. Larrick commented that there were less restrictive zoning regulations in place in
1978. Discussion followed on various possibilities for the addition which would be in conformance with
the present standards. Mrs. DeOms (Dianne), who was present but did not come to the podium, stated
that other alternatives were not possible because of the roof line. Mr. DeOms added that the position
of the septic tank and septic system made alternatives impossible. Mrs. DeOms said that they would
prefer to have the garage next to the driveway so there wouldn't be a long way to walk.
Mr. Larrick asked why the DeOms were asking for 10 feet if they really only needed nine.
The feeling was that 10 feet would allow them a little leverage if they needed it after construction began.
Mr. Rinker said that the suggestion in the staff comments to place the addition to the rear
of the property seemed rather unreasonable. Mr. Ruddy apologized for any misunderstanding, saying
that it was intended to'mean `attached to the rear of the existing building on the property.'
Mrs. Catlett asked for clarification of the comment regarding building up to the setbacks
but not beyond the 45 -foot vested setbacks without having to get a variance.
Mr. Larrick asked Mr. DeOms how he arrived at the 41 feet to the property line (as shown
drawn in on the plat) measurement, whether this was done by a surveyor or contractor? Mr. DeOms
replied that he just went out and measured it.
There was no one else present to speak for or against the variance request.
Mr. Rinker made a motion for approval of the request for a 10 -foot side yard setback
variance, based on the special needs and concerns in this case which created a medical hardship. Mr.
Wakeman seconded the motion.
BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby approve, by
unanimous vote, Variance #005-98 of Gary and Dianne DeOms for a 10 -foot side yard setback
variance (north) for an addition to an existing single-family residence.
Variance #006-98 of Maurice and Betty Sue McGrew for a 31 -foot side yard setback variance for
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an addition to an existing single-family residence. This property is located at 1486 Double Church
Road, and is identified with Property Identification Number 8611-5-1-2 in the Opequon Magisterial
District.
ACTION - APPROVED
DISCUSSION
Mr. Ruddy read the background information and presented photographs of the property.
Mr. Maurice McGrew, applicant, came forward to explain that he and his wife, Betty Sue,
were requesting the variance due to chronic water problems in the basement. He stated that a great deal
of money and effort has been spent over the years in an attempt to solve the water problems, but that the
problems remain. (Mrs. McGrew also spoke regarding her efforts in battling the water problems;
however, she did not step up to the podium.) The McGrews want to build the new addition and move
everything out of the basement into the new room.
Discussion followed regarding the choice of location for the addition and the various
reasons for the final choice such as: the pool and storage area for pool supplies, the septic system being
located 15-16 feet from the back of the house, and the fact that there is a road in front of the house.
On a question from Mr. Rinker, Mr. McGrew stated that the pool was in -ground and that
there was a privacy fence in place. Other discussion took place regarding the placement of the privacy
fence and the alignment of the property line; Mr. McGrew stated that the original setbacks were shown
on the plat as being 25 feet.
Mrs. Catlett asked Mrs. McGrew if the basement was finished when she bought the
house; Mrs. McGrew replied that it was but that the water started bubbling up through the floor not long
afterwards and has continued through the years.
Mr. Larrick asked if there was anyone else present to speak for or against the request;
seeing none, he entertained motions.
Mrs. Catlett moved to deny the request based on the fact that the property could still be
used for residential purposes. The motion failed for lack of a second.
Mr. Rinker asked Mr. McGrew if he really needed 26 feet for the addition and if the water
problem would still exist if the variance were granted. Mr. McGrew replied that for functionality and
useability reasons, he felt that they did need the addition to be 26'x 26'. He said they had discussed
options and variations for two to three years and there was just no other way to do it. Mrs. McGrew
added that the washing machine was moved upstairs but that the dryer and freezer and refrigerator were
still located in the basement. She felt that the water problems they suffer create a demonstrable hardship.
A brief discussion ensued regarding quality of life, the fact that alternatives would be
2
more costly [than the addition], that it was a hardship generally shared by other property owners in the
area, and that due to the shale, the McGrews probably could not obtain a perk to move the drainfield.
Based on these observations, Mr. Rinker moved that the variance be approved.
Mr. Larrick interjected that he felt that two feet should be taken off of the request. Mr.
Rinker asked McGrew if they could live with that and he replied that they could.
Mr. Rinker amended his motion to approve the variance request for 29 feet, instead of
the 31 feet requested. Mr. Wakeman seconded the motion. The motion passed by the following majority
vote:
AYES: Mr. Rinker, Mr. Wakeman, and Mr. Larrick
NAYS: Mrs. Catlett
BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby approve as
amended, by majority vote, Variance #006-98 of Maurice and Betty Sue McGrew for a 29 -foot side
yard setback variance for an addition to an existing single-family residence.
Before the next case was heard, Mr. Rinker asked staff if, in the future, the photographs
of the property could show an overlay of the proposed additions so the Board could have a better idea
of the positioning and size of the addition. Staff assured the Board that this could be done.
Variance #007-98 of Dorothy E. Bolyard for a 24 -foot side yard setback variance for an addition
to an existing single-family residence. This property is located at 763 Jordan Springs Road, and
is identified with Property Identification Number 44-A-255 in the Stonewall Magisterial District.
ACTION - APPROVED
DISCUSSION
Mr. Ruddy read the background information and passed around photographs of the
property.
Mr. Larry Baker, the applicant's grandson, spoke on behalf of Dorothy E. Bolyard, the
applicant. He told the Board that Mrs. Bolyard had suffered an accident and a stroke, and was unable
to live alone. Mr. Baker and his wife currently care for Mrs. Bolyard but they live in a condominium on
the third floor which makes handicap access extremely difficult. To simplify the care situation and
because the Bakers want to start their own family, they would like to build the addition onto Mrs.
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Bolyard's home and move in with her permanently. They tried buying the land next door to the Bolyard
property and looked into adding an extra story to avoid having to seek a variance, but for various reasons
neither option worked.
Mr. Larrick asked the Board if there was any discussion. Mr. Ruddy informed the Board
that one of the adjoining property owners called the Planning Department to say that although she was
unable to attend the public hearing, she was in favor of the variance being granted.
Discussion followed on the location and distances of the property lines and the fact that
the property was located in an older neighborhood where property lines and setbacks varied. There were
also questions from the Board regarding the exact amount of footage required for the addition.
Mr. Larrick noted for the record that Dorothy Bolyard, applicant, was in attendance.
Due to a possible conflict of interest, Mrs. Catlett asked Mrs. Bolyard where she was
living today. Mr. Baker spoke on her behalf and explained that Mrs. Bolyard stays in her home during
the day, then when they get off of work, they pick her up and stay with them at night.
Mr. Rinker asked Mr. Baker, for clarification's sake, if the purpose of the addition was
so that he and his wife could move in with Mrs. Bolyard. Mr. Baker replied that they felt this would be
the best solution.
Mr. Wakeman moved that, based on medical necessity, the Board approve Mrs. Bolyard's
request as stated; Mrs. Catlett seconded the motion. The motion to approve the variance was passed
unanimously.
BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby approve by
unanimous vote Variance #007-98 of Dorothy E. Bolyard for a 24 -foot side yard setback variance
for an addition to an existing single-family residence.
Variance #008-98 of Shenandoah Sand, Inc., submitted by Simon Newlin, for a 25 -foot front yard
setback variance for an existing structure and the construction of a new addition. The property is
located in the Stonewall Industrial Park, and is 'identified with Property Identification Number 43-
19-6 in the Gainesboro Magisterial District.
ACTION - APPROVED
DISCUSSION
Mr. Ruddy read the background information and passed around photographs of the site.
5i
He explained that this property was unique because the front property line angles away from the existing
Lenoir Drive which leaves a reduced area in which to build. He stated that this particular situation met
all of the tests for approval by the Board of Zoning appeals.
Mr. Simon Newlin, applicant and owner of Shenandoah Sand, Inc., explained that the old
site plan was done by Greenway Engineering back in 1989, and he used that to get the building permit.
Everything seemed to be in order at that time, and that's how the building got built where it is. Mr.
Newlin also discussed the topography and the fact that they moved an entire hill in order to get up out
of the water. He told the Board that his request was not unreasonable because he wants to build
sideways, not forward. Also, the location of the building next door is actually located further to the front
than the location of the proposed addition.
There was no one else present to speak for or against the variance request. Seeing that
this was a fairly clear-cut case, there was not much discussion other than the fact that survey standards
are now in place which would prevent such a situation from occurring in the future.
Mr. Rinker moved to approve the 25 -foot variance for the existing building and
construction of addition for office space. Mr. Wakeman seconded the motion which passed
unanimously.
BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby approve by
unanimous vote Variance #008-98 of Shenandoah Sand, Inc., submitted by Simon Newlin, for a 25 -
foot front yard setback variance for an existing structure and the construction of a new addition.
ADJOURNMENT
No further business remained to be discussed and the meeting was adjourned at 4:25 p.m.
by unanimous consent_
Respectfully submitted,
Manuel G. Sempeles, Chairman
Carol I. Cameron, Secretary
A:VNllNUTES119981MAY l9.BZA
C�
•
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BZA REVIEW DATE: 6/16/98
VARIANCE #011-98
CYNTHIA D. EBERT
LOCATION: The property is located at 208 Lakeridge Drive,
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 75H-3-7-197
PROPERTY ZONING & USE: Zoned: RP (Residential Performance) District; Land use -
Residential
ADJODMiG PROPERTY ZONING & USE: Zoned: RP (Residential Performance) District; Land
use - Residential (The Village at Lakeside)
VARIANCE: 11 -foot rear yard setback variance for an addition to an existing single-family
residence.
REASON FOR VARIANCE: To provide above ground dry storage space.
STAFF COMMENTS: Within the RP (Residential Performance) zoning district, the minimum rear
yard setback for a principal structure is 25 feet. The applicant is requesting a 11' variance to place an
addition onto the rear of the principal structure which would then place the principal structure 14'
away from the rear property line.
In this case, strict application of the zoning ordinance does not prohibit the use of the property. The
property is currently being used for residential purposes. Furthermore, there appears to be sufficient
space to the north side of the building in which to construct additional storage space attached to, or
detached from, the existing structure. The Code of Virginia, Section 15.2-2309(2)(x) 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 demonstrable hardship that would significantly restrict the use of the property
clearly does not exist.
STAFF RECOMMENDATION: Denial
13
Variance #011-98 PIN, 75H-3-7-197IM
Cynthia D. Ebert dufffin
Produced by Frederick County Planning and Development, 06-03-98
Page 1 of 5 APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
1. The applicant is the owner
2. APPLICANT:
NAME: 0 �D r -f
ADDRESS ,2 r_
TELEPHONE: Csyr) ,Q 9 - /,2 �Q
other . (Check one)
OCCUPANT: (if different)
NAME:
ADDRESS:
TELEPHONE:
3. The property is located at (give exact directions and include
State Route numbers):
8 La.h(-ri
r
4. The property has a road frontage of /of./,�— feet and a depth
of feet and consists of 0. _2,2 Aj acres. (please be
exact)
5. The property is owned by
as evidenced by deed from9Y&, /,;,��, . , C recorded
F� '?!�4j_7'v
(previous owner)
in deed book no. �„ �(, on page ,3 92 / 7' 0 of the deed
books of the Clerk of the Court for Frederick County. Attach
a copy of the deed.
•..1' j
� J .tel
s
1. The applicant is the owner
2. APPLICANT:
NAME: 0 �D r -f
ADDRESS ,2 r_
TELEPHONE: Csyr) ,Q 9 - /,2 �Q
other . (Check one)
OCCUPANT: (if different)
NAME:
ADDRESS:
TELEPHONE:
3. The property is located at (give exact directions and include
State Route numbers):
8 La.h(-ri
r
4. The property has a road frontage of /of./,�— feet and a depth
of feet and consists of 0. _2,2 Aj acres. (please be
exact)
5. The property is owned by
as evidenced by deed from9Y&, /,;,��, . , C recorded
F� '?!�4j_7'v
(previous owner)
in deed book no. �„ �(, on page ,3 92 / 7' 0 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: '5ha+'J'41 t e-
7. 14 -Digit Property Identification No.: f 7574- 7—/17
8. The existing zoning of the property is:
9. The existing use of the property is:
v r
10. Adjoining Property:
ME ILUM
North.
.S/..11) . , of m a1 e ""-/e,I�" &,- /
East �._ ���_ 9r':s�..r a'
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 . 11)60.
or -24 Mel
f neu-sta-
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
,�. � i ,ter r-� . �'.�✓! ' �'� •'moi �� Pty. ✓+;a , i /�, � � /�' + � f� �'
13. Additional comments, if any
2,A/'e
par 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:
NAMEr� I ,�'r ,,� ., %rr�n_c Address
0a r
V
Property ID# 75/-/ -.3- `I - /
Address 6 Scan Qr-�
Property ID# 75 hl -3 - 12- / 9 4,
NAME-&;? C ?irk/; � �� Address ,?.417
Property ID# 95 -ht- 3 - 2 -
NAME
Property ID#
NAME
Property ID#
NAME
Property ID#
NAME
Property ID#
NAME
Property ID# _
NAME
Property ID# _
NAME
Property ID# _
Address
Address
Address
Address
Address
Address
Address.
Page 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, to the best of
my knowledge, true.
SIGNATURE OF APPLICANT
SIGNATURE OF OWNER
(if other than applicant)
BZA PUBLIC HEARING OF
DATE
-OFFICE USE ONLY:
- DATE -
APPROVAL SIGNED:
DENIAL DATE:
ACTION:
BZA CHAIRMAN
We, the below signed neighbors of Cynthia D. Ebert, 208 Lakeridge Dr., Stephens City, VA., are
aware of her desire to build an addition onto the rear of her existing home. That extension
would not exceed the width of the existing structure and would extend the rear of the home by
1.2 feet. The proposed extension would be constructed in an archectural style consistent with the
existing structure. We have no objections to the proposed extension.
a,_ /0,,, 4'" -77+ c in y so 141
Print Name
7
Signature
Address' `/ G�--�r Z
rR,Z
Print Name
Signaa 9K
3' 5„
Address
..�5 v
P4� -�k u e- r2 14,11 37,
Pm�n.t Name `
J G.C-'C(!
Signature `
4
Address
Print Name
Signature
Address
•
J
•
BZA REVIEW DATE: 6/16/98
BZA #012-98 - APPEAL
PINE KNOLL CONSTRUCTION
(Jeffrey Jen;uns)
LOCATION: The property is located at Redbud Road.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 55-A-115
PROPERTY ZONING & USE: Zoned RA (Rural Areas); Land use - Illegal Construction
Business
ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Area) District; Land use -
Residential, Vacant, and'a Church
APPEAL: Appeal of the determination made by the office of the Zoning Administrator in the
administration of the Zoning Ordinance that Mr. Jenkins is operating his construction business from
his property identified with P.I.N. 55-A-115.
REASON FOR APPEAL: See attached list from applicant stating their basis for appeal,
STAFF COMMENTS:
The applicant is appealing the determination made by the the office of the Zoning Administrator in
a letter dated April 8, 1998, to Mr. Jeff Jenkins, owner of Pine Knoll Construction Company. Based
upon an inspection of the referenced property on April 6, 1998, previous visits to the site, and
ongoing conversations with Mr. Jenkins, it was determined that Mr. Jenkins was operating his
construction company from the property.
The Code of Virginia, Section 15.2-2311, requires that all papers constituting the record from which
the action was appealed, be transmitted to the Board. Therefore, the various correspondence to Mr.
Jenkins are attached. Also enclosed are several photographs taken of the construction business
operating from this property.
PINE KNOLL CONSTRUCTION APPEAL
Page 2
June 10, 1998
From staff s perspective, it is very clear that a business is being operated from this location. Mr.
Jenkins' Frederick County Business License, State Contractor's License, business cards, and
advertising is tied into this location. Further, equipment associated with this business is stored at this
location. Mr. Jenkins has also previously stated that it is his desire to construct a shop and office at
this location.
Staff will be available at the meeting to elaborate on the above determination, and to answer any
questions the Board may have.
BZA Appeal #012-98 PIN: 55-A-115
Pine Knoll Construction
Produced by Frederick County Planning and Development, 06-08-98
r9
Page I of 5 APPLICATION FOR 4TAF��ANE E= -
IN THE
COUNTY OF FREDERICK, VIRGINIA
1. The applicant is the owner _— other
2. APPLICANT: OCCUPANT:
NAME:
ADDRESS j a
TELEPHONE: (5 40) 4,7 -
3. The property is located at
State Route numbers):
M
NAME:
ADDRESS:
TELEPHONE:
. (Check one)
(if different)
(give exact directions and include
4. The property has a road frontage of feet and a depth
of feet and consists of acres. (please be
exact)
5. The property is owned by
as evidenced by deed from recorded
(previous owner)
in deed book no. on page 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: Sf6Yvp I
7. 14 -Digit Property Identification No.: -PjN —A
8. The existing zoning of the property is: RA
9. The existing use of the property is: VacC r�Yi;
10. Adjoining Property:
USE ZONING
North
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.")
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
see_ aAO.41,0-d .
Mr. Jenkins has been a tax -paying businessman fully licensed
by Frederick County for years. In August, 1997, Mr. Jenkins was
the subject of a complaint involving construction debris being
deposited on this property. That complaint was satisfactorily
resolved by Mr. Jenkins obtaining a land disturbance permit and a
permit to install a temporary construction entrance from the
Virginia Department of Transportation, both of which the Department
of Planning and Zoning are fully aware. Mr. Jenkins has relied on
the past actions of the County in general and the Department in
particular in the operation of his business, Pine Knoll
Construction, Inc. only to be given an extremely short period of
time within which to cease business or be the subject of a criminal
complaint, which is, indeed, a clearly demonstrable hardship
approaching confiscaton. Moreover, there are other similar uses
in the area, albeit within RA zoning. Finally, storage of vehicles
on the subject property, if any, is in the nature of temporary
storage.
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THIS DEED, made this 2g-0`1 day of December, 1994, between
WAYNE G. ROBINSON and KAREN A. ROBINSON, his wife, of the one
part, hereinafter called the Grantors, and JEFFREY G. JENKINS
and ROSANNA M. JENKINS, his wife, of the other part,
hereinafter called the Grantees.
WITNESSETH: That in consideration of Ten Dollars ($10.00)
and other valuable consideration, the receipt of which is
hereby acknowledged, the Grantors do grant with general
warranty and, except as stated below, English covenants of
title, unto the Grantees, as tenants by the entireties, with
survivorship as at common law, together with all rights, rights
of way, privileges and appurtenances thereto belonging, the
following described property, to -wit:
All of that certain parcel of land containing 2.00
acres, located north of Route No. 661 (Red Bud Road) in
Stonewall Magisterial District, Frederick County,
Virginia, and more particularly described on that certain
plat and survey made by H. Bruce Edens, C.L.S., dated July
22, 1985, and recorded in the Clerk's Office of the
Circuit Court of Frederick County, Virginia, in Deed Book
603, at Page 245; and being a portion of the same property
conveyed to - the Grantors herein by deed of John V.
Godlove, et ux, dated May 28, 1982, recorded in the
aforesaid Clerk's Office in Deed Book 547, at Page 799.
This conveyance is made subject to all duly recorded and
enforceable restrictions, reservations, easements and rights of
way.
WITNESS the following signatures and seals:
(SEAL)
WAYNE G. ROBINSON
(SEAL)
KAREN A. ROBINSON
COMMONWEALTH OF VIRGINIA, AT LARGE,
-e"y/County of _ FredPsick, , to -wit:
The foregoing instrument was acknowledged before me this
28A day of December, 1994, by Wayne G. Robinson and Karen
A. Robinson, his wife.
My commission expires q -3Q 9(o
KV
Notary Public
I OWI I -U. GRIL FIN. ` LP a 0 �`-
COYNE 8 COYNE. P.C. I
ofd Cl \ 1••
At IORNEYS AT UW e�/ �% ^�
%VINf111:SIE11, VA 22601 I ^' J -D
Russell A. Fowler
J. David Griffin
Beth M. Coyne
Timothy S. Coyne
Bradley W. Finch
FOWLER, GRIFFIN, COYNE & COYNE, P.C.
Attorneys and Counselors at Law
29 North Braddock Street
Winchester, Virginia 22601
Telephone (540) 667-6400
Facsimile (540) 722-4828
E -Mail fgccCvisuallink.com
May 7, 1998
Mr. Eric Lawrence
Frederick County Zoning Administrator
Frederick County Department of Planning
and Development
107 North Kent Street
Winchester, Virginia 22601
Of Counsel
David J. Andr6
Please Reply To:
Post Office Box 403
Winchester, Virginia 22604
Re: Appeal: Pine Knoll Construction/Jeff Jenkins
Dear Mr. Lawrence:
Please accept this letter as notice of an appeal being filed
on behalf of Pine Knoll Construction, Inc./Jeffrey G. Jenkins from
the decision communicated in a letter dated April 8, 1998 and
received by Mr. Jenkins on April 9, 1998.
The decision being appealed is the determination that Mr.
Jenkins is operating his construction company from a property known
as PIN 55-A-115, located on Redbud Road. The date of decision is
April 8, 1998. The appellant is Pine Knoll Construction, Inc., of
which Jeffrey G. Jenkins is Vice -President. Mr. Jenkins does not
agree with the decision of the Zoning Administrator, and additional
information may be supplied once the Board of Zoning Appeals
dockets this case for hearing.
Thank you for your assistance and cooperation in this matter.
Sinc ely,
Beth M. Coy
BMC/rmc
c.c. Jeffrey Jenkins
April 8, 1998
Pine Knoll Construction, Inc.
Attn: Mr. Jeffrey G. Jenkins
1631 Redbud Road
Winchester, VA 22603
RE: PIN 9 55-A-115
Dear Mr. Jenkins:
COUNTY of FREDERICK
Department of Planning and Development
CERTIFIED MAIL
540/665-5651
FAX: 540/678-0682
As you may recall, I sent you a letter dated August 27, 1997, whichinformed you that it was not a
by -right or a conditional use to construct a shop/office on your property on Redbud Road to use in
conjunction with your construction company. This letter also informed you that dumping
construction debris on this property was not a by -right or a conditional use of your property.
Due to a number of complaints our department has received concerning this property, I performed
an inspection on March 25, 1998, at which time I spoke with you. You mentioned that you intend
to construct a shop/office on this property as well as store your construction vehicles and equipment
here. At your request, I discussed this situation in detail with the Zoning Administrator, Mr. Eric
Lawrence, and he concurred that this would not be a by -right or conditional use of this property.
I inspected your property again on April 6, 1998, at which time I observed numerous construction
vehicles and equipment being stored on this property. Thus, it appears that you are indeed operating
your construction company from this property, which is a violation of the Frederick County Zoning
Ordinance. If you do not cease operating your business from this property within 30 days from the
date of receipt of this letter, a criminal complaint will be filed.
You may have the right to appeal this notice of zoning violation within 30 days from the date of
receipt of this letter in accordance with Section 15.2-2311 of the Code of Virginia. This decision
shall be final and unappealable if it is not appealed within 30 days. Should you choose to appeal, the
appeal must be filed with the Zoning Administrator and the Board of Zoning Appeals (BZA) in
accordance with Article XX, Section 165-144 A. (1) of the Frederick County Zoning Ordinance.
This provision requires the submission of an application, written statement setting forth the decision
107 North Dent Street - Winchester, Virginia 22601-5000
Page 2
Pine Knoll Construction, Inc.
Jenkins, Jeffrey
April 8, I998
being appealed, date of decision, the grounds for the appeal, how the appellant is the aggrieved party,
any additional information you wish to submit, and a $250.00 filing fee. Once the appeal application
is accepted, it will be scheduled for public hearing and decision before the BZA.
If you have any questions concerning this matter, please do not hesitate to contact me.
Sincerely,
Y4`7 Z'
Jeffrey C. Everett
PIanner I
JCE/bah
U:LIEFFICOMMONIVIOL.ATIOVENKINS2. WPD
Attachment
...,.,,F—,y, ;lu, Pruperry is located in the F. (Rural Areas) Zoning District
and we regret to inform you that this is not a by -right use or a conditional use in this zoning district.
Furthermore, our department received a complaint alleging that construction debris is being dumped
on this property. This is not a by -right or a conditional use in the RA Zoning District. The dumping
of debris on this property must cease and you will be allowed thirty (30) days from the date of receipt
of this letter to remove all debris from this property. Please be advised that failure to comply with
the County Zoning Ordinance could result in a criminal complaint being filed against you. Please
contact me if you cannot comply within this time period so that other arrangements can be
considered.
You may have the right to appeal this notice of violation within 30 days from the date of receipt of
this letter in accordance with Section 15.1-496.1 of the Code of Virginia. This decision shall be final
and unappealable if not appealed within 30 days.
Sincerely,
G
Jeffrey C. Everett
Planner I
JCElrsa
FILE: U:UEMCOMMOMVIOIATIOUENKINS.u'pp
bc: Mr. Charles W. Orndoff, Sr., Stonewall District Supervisor
107 North Kent Street . Winchester, Virginia 22601-5000
N
Mr. Jeff Jenkins
Pine Knoll Construction, Inc.
1631 Red Bud Road
Winchester, Virginia 2260
Re: Notice of Violation - Erosion and Sediment Control
Proposed Shop Location - Red Bud Road
Frederick County, Virginia
Dear Mr. Jenkins:
COUNTY of FREDERICK
Department of Public Works
540/66.5-56,43 .
FAX: 540/678-0682
August 19, 1997
On August 12, 1997, you obtained a Land Disturbance Permit from this office for the
subject site. The permit was issued in response to our meeting at the subject site on August 11,
1997 at which time I informed you of your violation. The subject site has approximately 1.75
acres which is disturbed: When the land disturbance permit was issued, you informed me that the
appropriate erosion and sediment control measures would be installed by weeks end.
On Tuesday, August 19, 1997, I inspected the subject site and no erosion and sediment
control measures where installed. I contacted your office and your secretary informed me that the
erosion and sediment control measures would be installed by the end of this day. I will inspect the
site on Thursday, August 21, 1997 to ensure that the perimeter controls and the construction
entrance are installed as indicated on the plan.
Erosion and sediment control is mandated by the Virginia state law and the Frederick
County Code - Chapter 79. By not complying with erosion and sediment control law, you are
subject to criminal prosecution. The land disturbance permit is a signed agreement that holds you
personally liable to comply with the county code and state law_
cc: file
If you have any questions, do not hesitate to contact me_
Sincerely,
oeC. Wilder
Engineering Technician
Public Works
107 North Kent Street - Winchester, Virginia 22601-5000
+ VIOLATION NO.Q `
VIOLATION FACT SHEET
Last Name:
First
Street Name of Violation.d
Tawn , V 4
PIN*:5 5 - - ► I � Zoning Mag. District:
1l
Town
Telephone: (Home)
Mailing Address (if different)
Zip
(Work)
Received by: J : t v,
Date:$'/ ,�/g'-7 Time: la•,3�
Violation Type Cade:_ Description:
Field Observation
Inspector J; C v -z -r Date: i 5 6) r7
Time:
Contac
Description: C
,uir
Notice of Violation Sent Deadline for Compliance:
Fo11oW-up Inspections
Inspectors Name: Date:
Observation:
�a' — -
2nd Notice Sent: Deadline for Compliance:
or File Criminal Complaint: Date: Court Date:
Inspectors Name: , j . E� - -e fit Date:
Observation.
J
'Z,c�
3rd Notice Sent: Deadline far Compliance-
or File Criminal Complaint: Date: Court Date:
y T
LICENSE YEAR 1 "C" -,'-
APPLICATION DUE iMARCH 1 ! i y8 FREDERICK COUNTY, VIRGINIA
PAYMENT DUE APRIL IOffice of the Commissioner of the Revenue
' 147:W
10% PENALTY (MINIMUM OF $10.00) P.O. Box 552, Winchester, VA 22604-0552
IF FILED AFTER MARCH 1. Telephone (540) 665-5681 • FAX (540) 667-6487
APPLICATION & INVOICE FOR BUSINESS LICENSE
FED. I.D. #/SS# 541432383 t394Account #
APPLICANT:
TRADE NAME: FINE KP40LL CONSTRUCTION ZINC
MAILING ADDRESS: 16311 RED3UB ROAD
WINCHESTER, VA -22603
') RATES & INSTRUCTIONS
ON REVERSE SIDE
Date Business Beg 119E37/04/01
❑ Individual Corporation
❑ Partnership
STREET ADDRESS: 1631 RED 3UD ROAD
WINCHESTER, VA
22603
Home Phone: 540-667_30?3 Office Phone: 540-667-3092
Description of Business EXCAVATING CONTRACTOR
RACTOR
1. Prior Year Gross Receipts / Purchases $ &.c;4,560.00
Please enter prior year gross receipts if you operated an entire year. Operation in more than one category, complete
schedule below.'
For new or partial prior year — please enter estimated gross receipts for this year and check here ❑
Wholesalers only enter purchases.
If engaged in manufacturing, bottling, wholesale, or retail of alcoholic beverages, please complete applicable items:
Beer Wine I I ❑ Mixed Beverage
❑ on premises ❑ on premises ABC No.
❑ off premises ❑ off premises, Seating capacity
❑ on & off ❑ on & off ❑ Private non-profit club
rises premises operating a restaurant
?. If estimates were used in filing prior year's form, please complete the following:
Business Category Prior Gross — Prior Estimate = Adjustment Tax
Net Adjustment
Subtotal
1998
10% Late Filing Penalty After March 1st, ($10 minimum)
Total Due (Payable to Treasurer of Frederick County)
For amounts due in excess of $1,000, please check for quarterly installments ...................................
Schedule For Businesses With More Than One Licensed Category
Business Category Prior Yr. Gross Receipts/Purchases Tax
IEAVY EQUIFMENT CONT 654,500.04 1,047.34
Total
Enter Totals on Line 1
$
$
654,564.00
Gross ReceiptWPurchases
$
$
1,047.30
Tax
TAX / FEE
(MINIMUM OF $30.00)
$
1,047.30
1,047.30
$
INSTRUCTICN5
This application with signature confirms that you have complied with
all the requirements of the Frederick County Code. Please see re-
verse for additional instructions.
Contractors must attach copy of current state licenses if applicable
and schedule of license taxes paid in other jurisdictions.
All tangible personal business property other than vehicles and trailers
owned as of January 1 needs to be reported on Form 7626 and filed
before March 15.
Gross receipts under $4,000 see instructions on hack
#TE—It is a misdemeanor for any person willfully to subscribe a return which he does not believe to be true and correct as to every material matter (Code of Va., Sec. 58.1-11)
he undersigned applicant, do swear (or affirm) that the foregoing figures and statements are true, full and correct to the best of my knowledge and belief.
Signature
— R ZASE F1:cTidRN ALL THjEZ COPIES —
)FFICE USE CONTRACTOR #
'AYM DATE
E ACCT. I I LICENSE ISSUED
Date
WHITE — Commissioner of the Revenue's Copy YELLOW — Treasurer's Copy PINK — Taxpayer's Copy
June 1, 1998
Spoke with the state Contractor's Board (1-804-367-2719). Pine Knoll Construction has a state
constrctor's license.
Pine Knoll Construction
Jeff Jenkins
1631 Redbud Road
Stephenson, Virginia
Class B
Highway construction
2705015417
good until 1/1/99
valid since 1993
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