BZA 07-18-00 Meeting AgendaFILE CC,,,'
AGENDA
FREDERICK COUNTY BOARD OF ZONING APPEALS
The Board Room
Frederick County Administration Building
107 N. Kent Street
Winchester, Virginia
July 18, 2000
3:25 p.m. CALL TO ORDER
1) Minutes of the June 20, 2000 Meeting
PUBLIC HEARING
2) ' Appeal Application #03-00 by Terry DeHaven of Triple T Trucking (tabled from the
June 20, 2000 meeting). This is an appeal of the determination made by the office of the
Zoning Administrator in the administration of the Zoning Ordinance, pursuant to Section
165-27E, concerning the operation of a commercial trucking company. This property is
located at 180 Quiet Meadow Lane and is identified with Property Identification Number
30 -A -122A in the Gainesboro Magisterial District.
3) Variance #05-00 of Alice Stendeback requesting a 3.92 -acre variance to the minimum lot
size requirement in a rural area. This would enable a boundary line adj ustment between two
parcels. This property is located at 2230 Welltown Road and is identified with Property
Identification Number 32-A-77 in the Stonewall Magisterial District.
4) Variance #08-00 of Tibow, L.L.C. requesting a five-foot front yard and five-foot back
yard setback variance to construct a single-family residence. This property is located at
Westside Station, Section 2 (Lot 13), and is identified with Property Identification Number
53E-1-2-13 in the Back Creek Magisterial District.
5) Variance #09-00 of Tibow, L.L.C. requesting a five-foot front yard and five-foot back
yard setback variance to construct a single-family residence. This property is located at
Westside Station, Section 2 (Lot 14), and is identified with Property Identification Number
53E-1-2-14 in the Back Creek Magisterial District.
6) Variance #10-00 of Tibow, L.L.C. requesting a five-foot front yard and five-foot back
yard setback variance to construct a single-family residence. This property is located at
Westside Station, Section 2 (Lot 15), and is identified with Property Identification Number
53E-1-2-15 in the Back Creek Magisterial District.
7) Other
Page 2
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MEETING MINUTES
OF THE
FREDERICK COUNTY BOARD OF ZONING APPEALS
Held in the Board Room of the Frederick County Administration Building, 107 N. Dent Street,
Winchester, Virginia, on June 20, 2000.
PRESENT: James Larrick, Jr., Vice Chairman, Gainesboro District; Theresa Catlett, Opequon
District; Gilbank Hamilton, Shawnee District; Dudley Rinker, Back Creek District
ABSENT: Manuel Sempeles, Jr., Chairman, Stonewall District
STAFF
PRESENT: Michael T. Ruddy, Zoning Administrator; Amy M. Lohr, Planner II; Mark R. Cheran,
Planner I; Howard R. Long, III, Planner I; Carol Huff, Secretary
CALL TO ORDER
The meeting was called to order by Vice Chairman Larrick at 3:30 p.m.
MINUTES OF APRIL 18, 2000
On a motion made by Mr. Rinker and seconded by Mr. Hamilton, the minutes for the
April 18, 2000 meeting were unanimously approved.
PUBLIC HEARING
Appeal Application #03-00 by Terry DeHaven of Triple T Trucking. This is an appeal of the
determination made by the office of the Zoning Administrator in the administration of the
Zoning Ordinance, pursuant to Section 165-27E, concerning the operation of a commercial
trucking company. This property is located at 180 Quiet Meadow Lane and is identified with
Property Identification Number 30 -A -122A in the Gainesboro Magisterial District.
ACTION —TABLED TO JULY 18, 2000 MEETING
Mr. Ruddy handed out copies of the permitted uses in the RA (Rural Areas) Zoning
District as they stand today, and a copy of the permitted uses since the Zoning Ordinance first went into
effect. He stated that the use was not permitted in the RA Zoning District; however, it is allowed in
the M1 (Light Industrial) and M2 (Heavy Industrial), and also in the B3 (Industrial Transition) Zoning
Frederick Co. Board of Zoning Appeals
Minutes of June 20; 2000 Minutes Book Page 1071
District. Mr. Ruddy then read the background information and reviewed the circumstances of the
zoning violation that led to this case.
Vice Chairman Larrick noted that there were only four Board members present which
may or may not affect the outcome of the appeal hearing; however, he wanted the appellant and his
representative to be aware that they had the option of asking for a continuance until the next meeting
at which time all five Board members may be present.
Mr. Nate Adams, III, legal representative for the appellant, asked that the appeal be
postponed until the next meeting.
Mr. Ruddy stated that this case concerned a zoning violation rather than a variance, and
there was the potential impact to the adjoining property owners to consider.
Mr. Ben Butler, who represents Mrs. Douglas Cooper (adjoining property owner who
made the complaint) told the Board that his client was opposed to continuing the appeal and requested
that they be heard at this time.
Mr. Adams noted that the property being affected is all woods and waiting one more
month would not make a difference. Additionally, he said he had a petition which had been signed by
approximately 150 people who were not adverse to its use.
DISCUSSION
There was no discussion or questions from the Board. Mrs. Catlett moved to allow the
continuance of the appeal until the July 18 meeting. Mr. Rinker seconded the motion which passed
by unanimous vote.
BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does
hereby unanimously agree to allow a continuance of Appeal Application #03-00 by Terry
DeHaven of Triple T Trucking until the July 18, 2000 Board of Zoning Appeals meeting.
PUBLIC HEARING
Variance #04-09 of Glen E. Russell requesting a one -foot, four -inch side yard setback variance
for an existing single-family residence. This property is located at 506 Fair Lane and is
identified with Property Identification Number 43D-1-1-21 in the Stonewall Magisterial District.
ACTION — APPROVED
Vice Chairman Larrick asked Mr. Ed Yost, legal representative for Mr. Glen E. Russell,
whether his client would also like to postpone his variance hearing until the next meeting. Mr. Yost
replied that his client wished to move forward with the request.
Amy Lohr, Planner II, gave the background information and handed out pictures of the
property which illustrated the site conditions.
Vice Chairman Larrick asked whether there was any attempt made to obtain a boundary
line adjustment; Mr. Ruddy was not aware of any.
Frederick Co. Board of Zoning Appeals
Minutes of June 20, 2000
2
Minutes Book Page 1072
Mr. Yost explained that the house was placed where it was because of the location of
the drain field, and the builder was trying to get the house to be flush with the roadway. After the
footers were poured and reinspected, a third party inspector signed off on the work. Mr. Yost stated
that although Mr. Russell has not obtained surveys on smaller lots such as this one, in the future he
plans to, in order to prevent similar problems from occurring.
Discussion followed on whether there was any attempt made to obtain a boundary line
adjustment, if Mr. Russell usually uses third party inspectors, and whether the encroaching corner of
the house was a bedroom, garage, or other portion of the dwelling.
Mr. Alvin Walker, adjoining property owner, spoke against the variance. He said he
believed the encroachment would affect his property and explained several matters of concern between
Mr. Russell and himself in regard to the property.
Mrs. Catlett reminded Mr. Walker that the Board could only consider the variance
request itself and would be unable to resolved the other issues presented.
There was no one else present to speak for or against the variance request; therefore,
the public hearing was closed.
DISCUSSION
There was deliberation regarding the use of third party inspectors and their certification
requirements, whether the setback changed from 70 feet to 50 feet, how a mistake like this could occur,
whether the plan itself was actually changed, etc.
Mrs. Catlett moved that the variance request be approved, and Mr. Rinker seconded the
motion which passed with all ayes.
BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby
unanimously approve Variance #04-00 of Glen E. Russell requesting a one -foot, four -inch side
yard setback variance for an existing single-family residence.
Mr. Ruddy noted that there may also be requirements of the subdivision covenants, in
addition to Frederick County code requirements, that may need to be taken into consideration.
PUBLIC HEARING
Variance #06-00 of Michael G. Prelip, Inc. requesting a six-inch front yard setback variance for
an attached two -car garage. This property is located at 126 Trunk Drive and is identified with
Property Identification Number 86E-2-2-19 in the Opequon Magisterial District.
ACTION — APPROVED
Amy Lohr, Planner II, reviewed the background information and provided pictures of
the subject home.
Mr. Michael Prelip, applicant, represented himself. He provided additional photographs
for the Board to review. After giving a brief background of his building experience, he explained how
this mistake occurred.
Frederick Co. Board of Zoning Appeals
Minutes of June 20, 2000
3
Minutes Book Page 1073
There was no one else present to speak for or against the variance.
DISCUSSION
The Board discussed at what point did Mr. Prelip realize the mason had made the
mistake, whether his workers had been with him long, how easily something like this could happen, etc.
There were no further comments except Mr. Ruddy's statement that first and second surveys done
before the actual closing time of the house can help catch these types of mistakes beforehand.
Mr. Rinker made a motion to approved the variance as requested; Mr. Hamilton made
the second. The motion passed with all ayes from the Board.
BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby
unanimously approve Variance #06-00 of Michael G. Prelip, Inc. requesting a six-inch front yard
setback variance for an attached two -car garage.
Variance 407-00 of Kraft Foods, submitted by Triad Engineering, Inc., is requesting a 3.5 -foot
rear yard setback variance for a railroad siding shed. This property is located at 220 Park
Center Drive and is identified with Property Identification Number 54 -A -36H in the Stonewall
Magisterial District.
ACTION — APPROVED
PUBLIC HEARING
Amy Lohr, Planner II, reviewed the background information and provided pictures of
the Kraft site.
Mr. Stephen M. Gyurisin and Mr. Jay Johnson, both of TRIAD Engineering, presented
a depiction of the Kraft property and the location of the rail shed. They explained that due to the
existing size and topography of the property and the existing railroad right-of-way, they were limited
as to the placement of the rail shed.
Mr. Rinker asked if there was a rail spur there already or if it was to be built; Mr.
Johnson stated that a railroad spur is already in place.
There was no one else present to speak for or against the variance.
DISCUSSION
There was no discussion or any further questions from the Board.
Mr. Rinker made the motion to approve the variance as requested; Mr. Hamilton
seconded the motion which passed by unanimous vote.
BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby
unanimously approve Variance #07-00 of Kraft Foods, submitted by Triad Engineering, Inc.,
is requesting a 3.5 -foot rear yard setback variance for a railroad siding shed.
Frederick Co. Board of Zoning Appeals
Minutes of June 20, 2000
4
Minutes Book Page 1074
Mr. Larrick had a question for staff regarding whether there had been a change in the
law regarding the handling of appeals such as the case that was tabled today. Staffresponded that more
information would be provided on that at the next meeting.
ADJOURNMENT
There was no further business at hand; therefore, the meeting was adjourned at 4:30
p.m. by unanimous consent.
Respectfully submitted,
James La.rrick, Jr., Vice Chairman
Carol I. Huff, Secretary
Frederick Co. Board of Zoning Appeals
Minutes of June 20, 2000 Minutes Rook Page 1075
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BZA REVIEW DATE: 6/20/00
APPLICATION #03-00
APPEAL OF DECISION BY THE ZONING ADMINISTRATOR
TERRY DEHAVEN - TRIPLE T TRUCKING
LOCATION: The property is located at 180 Quiet Meadow Lane.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 30 -A -122A
PROPERTY ZONING & USE: Zoned - RA (Rural Areas); Land use - Residential
ADJOINING PROPERTY ZONING & USE: Zoned - RA; Land use - Residential
APPEAL: Appeal of the determination made by the office of the Zoning Administrator in the
administration of the Zoning Ordinance, pursuant to Section 165-50, concerning the operation of a
commercial trucking company from this residence.
REASON FOR APPEAL: The applicant states that he has had commercial trucks parking on said
property for 14 years, the parking of which does not adversely impact adjacent properties, and the
property is large enough to buffer the other properties from the undesirable view of the trucks.
STAFF COMMENTS: This appeal is in response to notice of violation sent to Mr. Terry DeHaven
on March 28, 2000. Staff investigated a zoning violation complaint on March 22, 2000. The
complaint was regarding an operation of a commercial trucking company operating at the above -
referenced property. It was observed that three commercial vehicles were located on the property.
In addition, it was determined through the Frederick County Commissioner of Revenue's Office that
a business with the name "Triple T Trucking" was operating at this location.
As a result of this investigation, the applicant, Mr. Terry DeHaven, was cited for violation of the
Frederick County Zoning Ordinance Section 165-50, Permitted Uses. The operation of a commercial
trucking company is not a permitted use in the RA (Rural Areas) Zoning District. A commercial
trucking operation would be permitted in the MI (Industrial Light District) and M2 (General
Industrial District).
Triple T Trucking Appeal
Page 2
June 13, 2000
In the appeal application, the applicant has recognized that a commercial trucking operation is
operating from this location. He has further stated that the business has been in operation for 14
years. The Frederick County Zoning Ordinance was adopted on November 1, 1973, and amended in
the years 1982,1989,1990 and 1992 respectively. The Zoning Ordinance has never permitted a
commercial trucking operation in the RA (Rural Areas) Zoning District.
STAFF CONCLUSION FOR JUNE 20, 2000 MEETING:
Affirmation of the determination made by the office of the Zoning Administrator that a commercial
trucking operation is located on this properly. The applicant should remove the zoning violation from
the property and locate the commercial trucking operation in the applicable zoning district. The
zoning districts in which the applicant may operate a commercial trucking business are: M 1 and M2.
The applicant also has the option to discontinue the commercial trucking business.
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APPLICATION FOR APPEAL
IN THE
COUNTY OF FREDERICK, VIRGINIA
1. The applicant is the owner X other . (Check one)
2. APPLICANT:
NAME: Terry DeHaven
OCCUPANT: (if different)
NAME:
ADDRESS 180 Quiet Meadow Lane .— ADDRESS:
Winchester, Virginia 22603
TELEPHONE: (540) 888-3608
s
TELEPHONE:
3. The property is located at (give exact directions and include State Route numbers):
Six railes north of Winchester on 522 North to Hague Creek Bridge. Take
left first crossover after bridge. Take 522 South to first right to
private lane, Quiet Meadow Lane, to first drive on right.
4. Magisterial District: r3ainesboro
5. 14 -Digit Property Identification No.:'?
RECEIVED
APA 2 7 2000
DEPT. OF PLAiMINO- E . VELOPMENI
6. The existing zoning of the property is:
Agricultural/Rural
7. The existing use of the property is: Residence
8. Adjoining Property:
North ,tik od
East Fazrning
South
West Residence & -'arming
Agricultural/Rural
Agricultural/Rural
Agricultural/Rural
Agricultural/Rural
9. Describe the decision being appealed. (Attach a copy of the written decision.)
Decision of Mark Cheran of Frederick County Departhent of Planning and
Development re i— Jng the removal of 3 comneriicial trucks fragn our property
and the relocation of Triple T . Trucking frm my residence.
10. Describe the basis of the appeal, indicating your reason(s) for disagreeing with the decision.
('This may be provided on separate sheet.)
Have had trucks parking on said property for 14 years. Parking the trucks
on the property does not adversely impact adjacent properties. The subject
property is large enough to buffer the other properties frcan undesirable
views of the trucks
11. Additional comments, if any:
E1�1ED"
qpR 2 7 2000
DEPT, OF PLANNINGIMELOPMENI
12. The following names and addresses are all of the individuals, firms, or corporations owning
property adjacent to the property for which the appeal 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.).
NAME
Terry N. DeHa.ven, Jr.
Address216 quiet Meadow Lane, Winchester,
VA 22603
Property ID #
Frederick & Teresa Larrick
Address 324 Quiet Meadow Lane, Winchester,
VA 22603
Property ID # —;�(D
Susan French
Address 361 Quiet Meadow Lane, Winchester,
VA 22603
Property ID #1 ,
Address 826 Buckner Drive, Winchester, VA
22603
Jams Adams, Jr.
Property ID
'
Address 201 Chesnut Grove Road, Winchester,
VA 22603
Douglas &Mary Cooper
Property ID # ", o7 B , L D
CharlesRenner & Elizabeth
Address 473 Cedar Grove Road, Winchester, VA
22603
Patrick
Property ID # 3c) n
Address
Property ID #
Address
Property ID #
Address
Property ID #
Address
Property ID #
Address
Property ID #
AGREEMENT
APPEAL #
I (we), the undersigned, do hereby respectfully petition the Frederick County Board of
Zoning Appeals (BZA) to overrule the administrativeinterpretationofthe County Zoning Ordinance
as described herein. I agree to comply with any conditions 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 hereby certify that all of the statements and information contained herein are, to the best
of my knowledge, true.
L7 d
SIGNATURE OF APPLICANT Ale DATE
SIGNATURE OF OWNER DATE
(if other than applicant)
BZA PUBLIC HEARING OF
-OFFICE USE ONLY-
- DATE -
APPEAL OVERRULED
APPEAL SUSTAINED
Filo L%VMCMNW 1'UCArAPPSAL
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ACTION:
SIGNED:
BZA CHAIRMAN
DATE:
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 530/678-0682
CERTIFIED MAIL
- March 28, 2000
Mr. Terry DeHaven
180 Q:::et
Winchester, Virginia 22603
RE: 180 Quiet Meadow Lane; Property Identification Number (PIN): 30 -A -122A
Zoning District: RA (Rural Areas)
Dear Mr. DeHaven:
On March 22, 2000, at 12:30 p.m., I visited the above -referenced property in response to a complaint
regarding the alleged operation of a commercial trucking company. My liispection of the site
revealed the presence of three (3) commercial trucks on the subject property.
In accordance with Section 165-50 ofthe Frederick County Zoning Ordinance, a commercial trucking
company is not a permitted use in the RA (Rural Areas) Zoning District. This property is zoned RA
(Rural Areas) Zoning District. Research of records at the County's Commissioner of Revenue's
Office indicated that a business with the name of "Triple..T.Trucking" is operating at this location.
Therefore, this illegal business operation constitutes a violation of the Zoning Ordinance on. the
subject property.
This office will allow thirty (30) days from receipt of this letter to resolve this violation. Specifically,
such resolution may be accomplished. through the removal of the business from this property and
relocation of the business to the appropriate zoning district. If for some reason you cannot comply
within this time period, please contact me so that other arrangements may be considered. Failure to
comply with the Zoning Ordinance could result in a criminal complaint being filed against you.
You may have the right to appeal this notice of violation within thirty (30) days of the date 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 thirty (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 165-144A(1) of the Frederick County Zoning Ordinance. This provision
107 North Kent Street • Winchester, Virginia -22 601-5000
1
Page 2
Mr. Terry DeHaven
Re: 180 Quiet Meadow Lane
March 28, 2000
requires the submission of an application form, a written statement setting forth the decision being
appealed, the date of decision, the grounds for the appeal, how the appellant is an aggrieved party,
any other information you may want 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-
Please do not hesitate to contact me regarding any questions or concerns you may have.
Sincerely,
r '
Mark R. Cheran
Planner I
MRC/rsa
U. I Mark)Common i violation 4Dehaven. wpd
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BZA REVIEW DATE: 07/18/00
VARIANCE 905-00
Ai.ICE STENDEBACK
LOCATION: The property is located at 2230 Welltown Road.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 32-A-77
PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Residential
ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas); Uses: Residential and
Vacant
VARIANCE: The applicant is requesting a 3.92 -acre variance to the minimum lot size requirement in
a rural area. This would enable a boundary line adjustment between two parcels.
REASON FOR VARIANCE: Exceptional narrowness, size and shape of lot; no use for back two
lots and no road access (land -locked - right of passage.)
STAFF COMMENTS: In the RA (Rural Areas) Zoning District, the minimum lot size for a new
traditional lot is 5.0 acres. The applicant proposes to perform a boundary line adjustment whereby
4.173 acres of her 5.253 -acre parcel will be sold to an adjoining land owner, leaving a 1.08 -acre parent
parcel. Due to the five -acre minimum lot size, a variance of 3.92 acres is being requested.
The subject parcel is of usual shape. The nine -sided lot narrows to less than 10 feet at one point,
creating a triangular-shaped area which contains the single family dwelling. It is the triangular portion
consisting of 1.08 acres that the applicant wishes to retain.
The parcels surrounding the subject property range in size from approximately 1.5 acres to over 5.0
acres. Although the proposed boundary line adjustment does not adversely affect adjoining property
owners, no hardship is evident. The current configuration of the lot, albeit unsual, does not present a
hardship to the owner. The inability to reduce the size of the parcel does not prevent the reasonable
use of the land for residential purposes.
Alice Stendeback Variance
Page 2
July 10, 2000
STAFF CONCLUSION:
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 approaching
confiscation; b) that such hardship is not shared generally by other properties in the same zoning district
and the same vicinity, and; c) that the authorization of such variance will not be of substantial detriment
to adjacent property, and that the character of the district will not be changed by the granting of the
variance.
Staff is of the opinion that the requested variance does not satisfy the aforementioned criteria. Indeed,
the subj ect property is of unsual shape. However, a strict application of the requirements of the zoning
ordinance does not produce a hardship approaching confiscation of the property. As was previously
noted, the use of the parcel for residential uses is not compromised by the inability to perform the
desired boundary line adjustment.
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VARIANCE #05-00
Alice Stendeback
PIN: 32—A-77
Produced by Frederick County Planning and Development, 7-6-00
Page 1 of 5 APPLICATION FOR VARIANCE -. f ���
IN THE ' � A
COUNTY OF FREDERICK, VIRGINIA
DEPT. OF PLANNING/DEVELOPMENT
MUST BE
TYPED OR FILLED
OUT IN INR
- PLEASE PRINT
1. The applicant
is the owner
other . (Check one)
2. APPLICANT:
OCCUPANT:
(if different)
NAME: A Lo' �
L
� T �' /i� � � f�/�i
� NAME:
ADDRESS,o
ADDRESS:
Gc�-1ucsT--E
VA 22C D-3
TELEPHONE : ,'�Tq()
TELEPHONE:
3. The property
is located at
(give exact
directions and include
State Route numbers):
oto h�c�s�-e.r-iZ
5i r e .
c� Kt' (o(o
i in l-
ex_ l c\ S L C rr-e.c� eA- t %
4. The property has a road frontage of „_3,3?. &3 feet and a depth
of _n( _feet and consists of ,,�-,Jt53 acres. (please be
exact)
5. The property is owned by A\i t
as evidenced by deed from E Au--, k `-) iMrecorded
(previous o er)
in deed book no. ` = on page n LAa0 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.: 3 2- "7
8. The existing zoning of the.property is: A
9. The existing use of the property is: J(,A,1
10. Adjoining Property:
ZONING
North 1(i n A
East VCS c� 1C
South c a-{1 'r
West �C_.0-a t _ 9
11. Describe the variance sought in terms of distance and type.
(For example: "A 3.51 rear yard variance for an attached two
car garage.")
44-
12. List specific reason(s) why the variance is being soug t in G,
terms of: OL a c.,-��
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
OC
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 notifd by mail of this application:
NAME�r C.r'fl 1 n Address L4 a ( Gz ca e_ . : ne-_ VA
Property IN ?,-Z A r? .3 A C! -5a4 �
NAME )rn �,nn� ►-i c Q
Property ID# 3 2 A 'I L4
NAME 1CLri, e1 `�c�ra% - A� �z�
PropertyM# 3-,?- A "7,5'
Address l n l C_Q��a0 t)
Address
etc �IIA 01-37313
NAME�; . I`� +' �; �. e e. Address ' ! D 1 Cec 4 l I R C
Property ID# A '% L
Property ID# 3
NAME Ia e L e,- !� �e-.`t a f Z Address�2�)e t l ! rt L . � Li V � a&b
Property ID# .3 A %-7 A
NAME �p cL n �Ie- C�r7
Property ID# A `1 ? A
NAME �j rn.� i� t� � � r r ► 2 E �e�„►_
Property ID# 3'a A ti -8 .
NAMELE,-U �
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Property ID# .13 A S I el,
Property ID#
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Address �,:3.f2 I J,�nLCn �d t o ne: t'k aDL-�
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Address P. Q, &)X x 1 i
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Address
Address
Page 5 of 5
AGREEMENT
VARIANCE 005-00
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 Y , J�J-&/rxADATE
SIGNATURE OF OWNER DATE
(if other than applicant)
BZA PUBLIC HEARING OF
APPROVAL
-OFFICE USE ONLY-
- DATE -
SIGNED:
DENIAL. DATE:
ACTION:
BZA CHAIRMAN
114J(15E LOC,4 TION
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DIVISION OF LAND
of
EAML H. NICHOISON h VIRGINIA D. NICHOLSON
Stonslsall District. Frederick County, Virginia
1" : 100' Septesbar 29. 1990
t
tl1 p
J
.3t
o�d
d
N
'l A
-- 19LOCK SHED
9?�
•'
JOHN APP
0.8. 393 - e 62,
RA1REet0EMT1AU
r�
BZA REVIEW DATE: 07/18/00
VARIANCE #08-00
TIBOW, L.L.C.
LOCATION: The property is located at Westside Station, Section 2 (Lot 13).
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 53E-1-2-13
PROPERTY ZONING & USE: Zoned RP (Residential Performance) District; Land use -Residential
(unoccupied)
ADJOINING PROPERTY ZONING & USE: Zoned RP (Residential Performance); Uses:
Residential and Vacant
VARIANCE: The applicant is requesting a five-foot front yard and five-foot rear yard setback variance
to construct a single-family residence.
REASON FOR VARIANCE: The odd configuration on this cul-de-sac lot and the shallowness of the
same does not allow for a proper building area that is in conformance with restrictive covenants (1,600
square feet on one story and 2,000 square feet on two story.)
STAFF COMMENTS: Within the RP (Residential Performance) Zoning District, the minimum front
yard setback for a principal structure is 35 feet, while the minimum rear yard setback is 25 feet. The
applicant is requesting a five-foot front yard variance, as well as a five-foot rear yard variance, to
construct a single family home.
The subject property is an 8,760 -square -foot lot which lies on a cul-de-sac at the terminus of Colin
Court. The parcel is bordered by open space to the immediate north, which is the rear yard area. The
parcel to the east is occupied by a single family dwelling, while the parcel to the west is currently vacant.
The proposed dwelling has a ground floor area of 1,380 square feet. Based upon the plat and the
proposed building footprint submitted with this application, it does not appear as though a front yard
variance is warranted, as the position of the house does not encroach into the front setback. In addition,
a rear yard variance is not warranted, as the encroachment into the rear yard area is minimal. Slight
modification to the dimensions of the dwelling or a minimal rotation of the house footprint would permit
conformance with the front and rear yard setback requirements.
Tibow, L.L.C.
Page 2
July 10, 2000
STAFF CONCLUSION:
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 approaching
confiscation; b) that such hardship is not shared generally by other properties in the same zoning district
and the same vicinity, and; c) that the authorization of such variance will not be of substantial detriment
to adjacent property, and that the character of the district will not be changed by the granting of the
variance.
Staff is of the opinion that neither the front nor rear yard variance requests satisfy the aforementioned
criteria. Although the subject property is affected by the lot configuration produced by its location on
the cul-de-sac, the configuration does not preclude a reasonable use of the property. Furthermore, to
strictly apply the setback standards in this case would not produce a hardship approaching confiscation
of the property. The dimensions of the structure could be modified or the building footprint rotated in
order to construct a single-family dwelling comparable to others in the development.
0\Agendas\BZA\Staff Report\Tibow_Lott3.wpd
Page 1 of s APPLICATION FOR VARIANCE J,i\1 04 ,J Jill
IN THE
COUNTY OF FREDERICK, VIRGINIA
uFPT. OF PL I II�IGjDE iE�o 1-j E�dT
zoxe
INX - PLEASE PRINT
L. - applicant is the owner X other- -
2. APPLICANT:
OCCUPANT: (if different)
NAME: Tibow. L,L.C. NAME: Vacant property
ADDRESS P , 0 , Box 809 ADDRESS:
Winchester, VA 22604
TELEPHONE: (540) 667-1266 TELEPHONE:
3. The property is located at (give exact directions and include
} State Route numbers):
Go south on Merriman's Lane to Wayland Drive. Follow Wayland DrivetoColin
Drive. Turn left on Colin Drive to Colin Court. Then turn right. The
lots are located in the cul-de-sac. L 0
4. The property has a road frontage of 33.16 feet and a depth
of 1?1; feet and consists of 8,760 squaraLcres. (please be
exact) feet
5. The property is owned by Ti how, T.. L _ C . , a Virginia Limited Liability Co.
as evidenced by deed from Hampton Enterprises recorded
(previous owner)
in deed book no. 879 on page 476 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: Back Creek
7. 14 -Digit Property Identification No.:
PIN 53E 1 2 13
8. The existing zoning of the property is: Residential Performance
9. The existing use of the property is:
1o. Adjoining Property:
USE
North Residential
East Residential
South Residential
West Route 37
vacant
Residential performance
Residentiai performance
Residential performance
Highway
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.")
(1) From a 35 foot BRL to a 30 foot BRL in front of Lot
(2) From a 25 foot BRL to a 20 foot BRL in back of lot
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
The odd configuration on this cul-de-sac lot and the shallowness of the
same does not allow for a proper building area that is in conformance
with restrictive covenants (1600 square feet on 1 story; 2000 square feet
on two story).
13. Additional comments, if any
_SPP location map attached as Exhibit A.
See Marsh & Legge plat showing revised front and rear building
rstr,�-t;on lines on Lots 13, 14-& 15 Westside Station, Section 2 -Exhibit B
papa 3 of 5
U 2J
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 prgperties,ka, t. the T
sides, rear and in front of (across street from) the subject property. (Use additional' pages i
necessary.) These people will be notifd by mail of this application:
NAME Michael G. Prelip Enterprises, Inc. Address 1052 Martinsburg Pike
Winchester, VA 22603
Property ID#
53E 1 2 16
Richards, Charles H., III &
char 8h axles Address 27 Westside Station Drive
Winchester,Virginia 22601
Property ID# 53E 1 2 22B
NAME Elliott, Gregory S.and Address 303 Colin Court
Martha S. EIIiott Winchester, Virginia 22501
PropertyID# 5 3 E 1 2 12
NAME Tibow, L.L.C. Address P- 0. Box 809
Winchester, VA 226U4
Property M# 5 3 E 1 2 17
NAME Ti how, L . r. - Address P. 0. Box 809
Winchester, VA 22604
Property ID# 5 3E 1 2 13
NAME Tibow, L.L.C.
Property ID# 5 3 E 1' 2 14
NAME Tibow, L.L.C.
Property IN 53E 1 2 15
NAME THERE IS NO WESTSIDE STATION
PROPERTY OWNERS ASSOCATION.
Property IN
NAME
Property IN
NAME
Property ID#
Address P.o.Box 809
Winchester, VA 22604
Address P . o . Box 809
Winchester, VA
Address
Address
Address
4
Page 5 of 5
AGREEMENT
VARIANCE # 0 L ,
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
APPROVAL
T
-OFFICE USE ONLY -
- DATE -
T E e �
DATE
ACTION:
SIGNED•
BZA CHAIRMAN
DENIAL. DATE:
Winchester Corp. Line
% 1 0-- �Al
?� OPEN SPACE
36
24 3S
\ �2 33
1 S 3 d'
f 5TA �'S
44
45
37 38 46
�L I39/48 147
40� A G sh/
0
1`'
1�9
eR �m
LO
8.-76() ' �I
LOT 12 a� Ex- G0O351 gR
ZONED: RP (Typ)
USE: RESIDENTIAL 33.16 L-J,S
8,55.00' R --
COLA
-COLA COURT
46'
o PROPOSED
I DWELLING
MINIMUM SETBACK REQUIREMENTS:
FRONT = 35' (UNLESS OTHERWISE NOTED)
REAR = 25' (UNLESS OTHERWISE NOTED)
SIDE = 10'
NOTES:
1. NO TITLE REPORT FURNISHED.
2. EASEMENTS MAY EXIST THAT ARE NOT SHOWN
ON THIS PLAT.
3. FINAL PLAT OF SUBDIVISION IS RECORDED
IN DEED BOOK 672 AT PAGE 184.
03
\\ O
o L — ��\\
35.24'. _ 10' BRL 81.64'
kR7 54'34"E N89 55'36"W
LOT 16
ZONED: RP USE. RESIDENTIAL
�O 4;•
J
�O
PLAT SHOWING
REV/SED FRONT AND REAR BU/LD/NG RESTRICTION LINES TH OF Dl
ON
LOT 13, LOT 14 and LOT 15
WESTS/DE STATION N SECTION 2
Do gglas�. Le ge
BACK CREEK MAGISTERIAL DISTRICT No. 001197
FREDERICK COUNTY, WG/NIA
DATE. 16 JUNE 2000 SG4LE.• 1"=40' SHEET 1 OF 1 qND SURVE4o
Marsh & Legge Land Surveyors, P.L.0
560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 DRAWN BY: HH
PHONE (540) 667-0468 - FAX (540) 667-0469 - EMAIL mHs®shentel.ne DWG NAME: ID165O
C�
•
BZA REVIEW DATE: 07/18/00
VARIANCE #09-00
TIBOW, L.L.C.
LOCATION: The property is located at Westside Station, Section 2 (Lot 14).
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 53E-1-2-14
PROPERTY ZONING & USE: Zoned RP (Residential Performance) District; Land use - Residential
(unoccupied)
ADJOINING PROPERTY ZONING & USE: Zoned RP (Residential Performance); Uses:
Residential and Vacant
VARIANCE: The applicant is requesting a five-foot front yard and five-foot back yard setback variance
to construct a single-family residence.
REASON FOR VARIANCE: The odd configuration on this cul-de-sac lot and the shallowness of the
same does not allow for a proper building area that is in conformance with restrictive covenants (1,600
square feet on one story and 2,000 square feet on two story).
STAFF COMMENTS: Within the RP (Residential Performance) Zoning District, the minimum front
yard setback for a principal structure is 35 feet, while the minimum rear yard setback is 25 feet. The
applicant is requesting a five-foot front yard variance, as well as a five-foot rear yard variance to
construct a single family home.
The subject property is an 8,666 square foot lot which lies on a cul-de-sac at the terminus of Colin Court.
The parcel is bordered by a 50 -foot storm sewer easement to the immediate north. Both parcels to the
east and west are currently vacant.
The proposed dwelling has a ground floor area of 1,380 square feet. Based upon the plat and the
proposed building footprint submitted with this application, it does not appear as though a front yard
variance is warranted, as the position of the house does not encroach into the front setback.
Encroachment into the rear yard setback on this parcel is warranted due to the configuration of the lot.
Additionally, the 84 -foot eastern property boundary limits the buildable area on this lot Given the storm
sewer easement to the rear of the property, an encroachment into this setback is more desirable than a
front yard encroachment.
Tibow, L.L.C.
Page 2
July 10, 2000
STAFF CONCLUSION:
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 approaching
confiscation; b) that such hardship is not shared generally by other properties in the same zoning district
and the same vicinity, and; c) that the authorization of such variance will not be of substantial detriment
to adjacent property, and that the character of the district will not be changed by the granting of the
variance.
Staff is of the opinion that one of the requested variances meets the aforementioned criteria. Indeed, the
lot configuration limits the buildable area on this parcel. However, front and rear yard variances totaling
ten feet are in excess of what is necessary to create a reasonable use for this parcel. A rear yard variance
is appropriate in this case.
O:\Age das\BZA\Staff Report\Tibow_Lotl 4. VAR. wpd
zIJ
Page 1 of 5 APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA'
VV
1. The applicant is the owner
2. APPLICANT:
NAME: Tibow, L.L.C.
ADDRESS P. 0. Box 809
Winchester, VA 22604
X other _. (Check one)
OCCUPANT: (if different)
NAME: Vacant Property
ADDRESS:
TELEPHONE: (540) 667-1266 TELEPHONE:
3. The property is located at (give exact directions and include
State Route numbers):
Go south on Merriman's Lane to Wayland Drive. Follow Wayland Drive,to
Colin Drive. Turn left on Colin Drive to Colin Court. Then turn right.
The lots are located in the cul-de-sac. Lo t 14-
4. The property has a road frontage of 35.98 feet and a depth
of 120 feet and consists of 86square acres. (please be
exact) eet
5. The property is owned by Tibow, L.L.C., a Virginia Limited Liability Co.
as evidenced by deed from Hampton Enterprises recorded
(previous owner)
in deed book no. 879 on page 476 of the deed
books of the Clerk of the Court for Frederick County. Attach
a copy of the deed.
Page 2 of 5 aUN 2 ? 20G'�1
6. Magisterial District: Back Creek
7. 14 -Digit Property Identification No.: PIN 53E 1 2 14
8. The existing zoning of the .property is:
Residential performance
9. The existing use of the property is: Vacant
lo. Adjoining Property:
USE ZONING
North Residential Residential performance
East Residential Residential performance
South Residential $Psi dPnti al �Prformance
West Route 37 Hi ghwa)�
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.")
(1) From a 35 BRL to a 30 foot BRL in front of lot
(2) From a 25 foot BRL to a 20 foot BRL in back of lot
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
The odd configuration on this,.cul-de�sacllot and the shallowness of
the same does not allow for a proper building area that is in conformance
with restrictive covenants (1600 square feet on one story; 2000 square feet
on two story)
13. Additional comments, if any
See location map attached as Exhibit A
See Marsh & Legge plat showing revised front and rear building
restriction lines on Lots 13, 14 & 15 Westside Station, Section 2 -Exhibit B
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 notifd by mail of this application:
NAME Michael G. Prelip Enterprises, Inc. Address 1052 Martinsburg Pike
Winchester, VA 22603
Property ID#
53E 1 2 16
Richards, Charles H., III &
NAME A7.es%a—�. �.�.chards
PropertyID# 53E 1 2 22B
Address 427 Westside Station Drive
Winchester,Virginia 22601
NAME Elliott, Gregory S.and Address 303 Colin Court
Martha S. Elliott Wincfiester, Virginia zZout
Property ID# 5 3 E 1 2 12
NAME Tibow, L.L.C.
Property ID#
53E 1 2 17
Address P. o. Box 809
Winchester, V
NAME Address P. O. Box 809
Winchester, VA 22604
Property ID# 5 3 E 1 2 13 _
NAME Tibow, L.L.C.
Property ID## 53E -1 2 14
NAME Tibow, L.L.C.
Property ID# 5 3 E 1 2 15
THERE IS NO WESTSIDE STATION
NAME PROPERTY OWNERS ASSOCIATION.
Property ID#
NAME
Property ID#
NAME
Property ID#
Address P . O . Box 809
Winchester, VA 22604
Address P.o.Box 809
Winchester, VA 22604
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 atleast 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 DATE
SIGNATURE OF OWNER
(if other than applicant)
BZA PUBLIC HEARING OF
APPROVAL
-OFFICE USE ONLY-
- DATE -
SIGNED:
DENIAL DATE:
DATE
ACTION:
BZA CHAIRMAN
Winchester
Corp.
Line
I � "&%, qhl " -m- 0 F-�A
IL
IL
4
so_
9 �OA
�/O' BRL •jO' \� 0'(
LOT 12 �6+ 3 35' gRL BR( i��
ZONED. RP cP EX (fP)
USE. RESIDENTIAL ` 33.16 L
s
,--g5.00 RAS 39 G ,� ti,
�a+.
o ' PROPOSED
�' DWELLING
A
% \ l \\
COLIN COURT X01 tD 1 mss\
35.24' 10' BRC 6 .
N8754'34"E N8955'36"W
LOT 16
ZONED: RP USE. RESIDENTIAL �*
J
MINIMUM SETBACK REQUIREMENTS:
FRONT = 35' (UNLESS OTHERWISE NOTED)
REAR = 25' (UNLESS OTHERWISE NOTED)
SIDE = 10'
NOTES:
1. NO TITLE REPORT FURNISHED.
2. EASEMENTS MAY EXIST THAT ARE NOT SHOWN
ON THIS PLAT.
3. FINAL PLAT OF SUBDIVISION IS RECORDED
1N DEED BOOK 672 AT PAGE 184.
PLAT SHOWING
REMISED FRONT AND REAR BUILDING RESTRICTION LINES
ON
LOT 13, LOT 14 and LOT 15
WESTSIDE STATION — SECTION 2
BACK CREEK MAG1STFi w DISTRICT
FREDERICK COUNTY, VIRGIN14
DA 7Z-.- 16 JUNE 2000 1 SCALE- 1---40' 1 SHEET 1 OF 1
Marsh & Legge Land Surveyors, P.L.
560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601
PHONE (540) 667-0466 - FAX (540) 667-0469 - EMAIL mlls®shenteLi
I(0r7--y..
q0
ti
o45"TH Of v
r
0. 00119
604/46p
���►'n suRv��04
DRAWN BY: HH
DWG NAME: 101650
C:
•
BZA REVIEW DATE: 07/18/00
VARIANCE #10-00
TIBOW, L.L.C.
LOCATION: The property is located at Westside Station, Section 2 (Lot 15).
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 53E-1-2-15
PROPERTY ZONING & USE: Zoned RP (Residential Performance) District; Land use - Residential
(unoccupied)
ADJOINING PROPERTY ZONING & USE: Zoned RP (Residential Performance); Uses:
Residential and Vacant
VARIANCE: The applicant is requesting a five-foot front yard and five-foot back yard setback variance
to construct a single-family residence.
REASON FOR VARIANCE: The odd configuration on this cul-de-sac lot and the shallowness of the
same does not allow for a proper building area that is in conformance with restrictive covenants (1,600
square feet on one story and 2,000 square feet on two story.)
STAFF COMMENTS: Within the RP (Residential Performance) Zoning District, the minimum front
yard setback for a principal structure is 35 feet, while the minimum rear setback is 25 feet. The applicant
is requesting a five-foot front yard variance, as well as a five-foot rear yard variance to construct a single
family home.
The subject property is an 8,119 -square foot lot which lies on a cul-de-sac at the terminus of Colin Court.
The parcel is bordered by a 50 -foot storm sewer easement to the north/northeast. The parcel to the
northwest is vacant, while Colin Court lies to the immediate west. The parcel to the immediate south
is a single family residence.
The proposed dwelling has a ground floor area of 1,380 square feet. The subject parcel (Lot 15) shares
the 84 -foot property boundary referenced in Variance # 09-00. Likewise, the configuration of the lot
creates a limited building area. In comparison with surrounding lots, this parcel is 500 square feet less
in area. The limited lot area, coupled with the usual configuration of the lot, create the need for both a
front and rear yard variance.
Tibow, L.L.C. - Lot 15
Page 2
July 10, 2000
STAFF CONCLUSION:
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 approaching
confiscation; b) that such hardship is not shared generally by other properties in the same zoning district
and the same vicinity, and; c) that the authorization of such variance will not be of substantial detriment
to adjacent property, and that the character of the district will not be changed by the granting of the
variance.
Staff is of the opinion that the requested variance satisfies the aforementioned criteria. Indeed, the
subj ect property is affected by unusual conditions which preclude conformance with all applicable setback
standards. To strictly apply the setback standards in this case would produce a hardship approaching
confiscation of the property. The subject encroachments are not of substantial detriment to adjoining
properties, as the front yard borders Colin Court and the rear yard borders a storm sewer easement.
O:\Agendm\BZA\Staff ReportUibow_Lot 15. VAR.wpd
7�'
- ��i-NE ID
Page 1 of s APPLICATION FOR VARIANCE
IN THE��
COUNTY OF FREDERICK, VIRGINIA
llE IPr, OE =L I'i'!i., /Ei PIELGF�1icp
1. The applicant is the owner X other . (Check one)
2. APPLICANT:
OCCUPANT: (if different)
NAME: Tibow, L.L.C. NAME: Vacant Property
ADDRESS P .0 . Box 809
Winchester, VA 22604
ADDRESS:
TELEPHONE: (540) 667-1266 TELEPHONE:
3. The property is located at (give exact directions and include
State Route numbers):
Go south�on Merriman's Lane to Wayland Drive. Follow Wayland Drivet.�oColin
Drive. Turn left on Colin Drive to Colin Court. Then Turn right. The
lots are located in the cul-de-sac
4. The property has a road frontage of 57.94 feet and a depth
of- 22- and consists of 8119 square acres. (please be
exact) feet
5. The property is owned by Tibow, L.L.C., a Virginia Limited Liability Co.
as evidenced by deed from _Hampton Enterprises recorded
(previous owner)
in deed book no. 879 on page 476 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: Back Creek
7. 14 -Digit Property Identification No.:
8.
PIN 53E 1 2 15
The existing zoning of the. property is: Residential performance
9. The existing use of the property is:
lo. Adjoining Property:
Vacant
USE ZONING
North Residential Residential performance
East Residential Residential performance
South Residential Residential performance
West Route 37 Highway
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.")
(1) From a 35 foot BRL to a 30 foot BRL in front of lot
(2) From a 25 foot BRL to a 20 foot BRL in back of lot
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
The odd confiruration on this cul-de-sac lot and the shallowness
of the same does not allow for a proper building area that is in
conformance with restrictive covenants (1600 square feet on 1 story and
2000 square feet on two story)
13. Additional comments, if any
See location map attached as Exhibit A
See Marsh & Legge plat showing revised front and rear building
restriction lines on Lots 13, 14 & 15 Westside Station Section 2- Exhibit B
paps 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 notifd by mail of this application:
NAME Michael G. Prelip Enterprises,Inc. Address 1052 Martinsburg Pike
Winchester, VA 22603
Property ID# 53E 1 2 16
Richards, Charles H., III &
NAME
PropertyJD# 53E 1 2 22B
Address 427 Westside Station Drive
Winchester,Virginia 22601
NAME Elliott, Gregory S.and Address 303 Colin Court
Martha S. Elliott Winchester, Virginia 2201
Property ID# 5 3 E 1 2 12
NAME Tibow, L.L.C. Address P. 0. Box 809
Winchester, VA ZZbU4
Property ID# 5 3 E 1 2 17
NAME Tibow, T,_T., C, Address P. 0. Box 809
Winchester, VA 22604
PropertyID# 53E 1 2 13 .
NAME Tibow, L.L.C.
Property ID# 53E 1 2 14
Address P . O . sox 809
Winchester, VA 22604
NAME Tibow, L.L.C. Address P . O . Box 809
Winchester, VA 22604
Property IN
53E .1 2 15
NAME THERE IS NO WESTSIDE STATION
PROPERTY OWNERS ASSOCIATION.
Property ID#
NAME
Property IN
Address
Address
NAME Address.
Property ID#
Page 5 of 5
AGREEMENT
VARIANCE # I C — M_
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 terns 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.
y
SIGNATURE OF APPLICANT DATE vl�
SIGNATURE OF OWNER DATE
(if other than applicant)
BZA PUBLIC BEARING OF
APPROVAL
-OFFICE USE ONLY-
- DATE -
SIGNED:
DENIAL, DATE:
ACTION:
BZA CHAIRMAN
Winchester
Corp.
Line
FST' q
C
a
so \
X/p' BRE E 30 \\t A i
LOT 12 3 35' 8R eiQ �0 AZONED: RP d'' EX. (1'p) Cc, 0� \ \\
USE: RESIDENTIAL --33* 16 L =3,5-
5 00
3S55.00RAS 98 � G�� �\� w \ m�
46'
o ' PROPOSED
M ( DWELLING
COUN COURT
c
35.24' 10' BRL 81.64'
N87 5434" E N895536"W
MINIMUM SETBACK REQUIREMENTS:
FRONT = 35' (UNLESS OTHERWISE NOTED)
REAR = 25' (UNLESS OTHERWISE NOTED)
SIDE = 10'
NOTES:
1. NO TITLE REPORT FURNISHED.
2. EASEMENTS MAY EXIST THAT ARE NOT SHOWN
ON THIS PLA T.
J. FINAL PLAT OF SUBDIVISION IS RECORDED
1N DEED BOOK 672 AT PAGE 184.
LOT 16
ZONED: RP USE: RESIDENTIAL
J
,y0
PLAT SHOW/NG
R
EVISEDRONT AND REAR BUILDING RESTRICTION LINES o�TH OF k
ON
LOT 13, LOT 14 and LOT 15
ESTSIDE STA TION N SECTION 2
N ge
BACK CREEK MAG/STFR/AL DISTRICT 0. 0011
fREDER/CK COUNTY, WGINIA ��Z'
✓UNE 2000 SCALE.• 1'=40' SHEET 1 OF 1rsh & Legge Land Surveyors, P.L.00 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 DRAWN BY: HH
(540) 667-0468 - FAX (540) 667-0469 - EMAIL mUs@shentel.net DWG NAME: 1D1650