HomeMy WebLinkAboutBZA 11-21-00 Meeting AgendaAGENDA
FREDERICK COUNTY BOARD OF ZONING APPEALS
The Board Room
Frederick County Administration Building
107 N. Kent Street
Winchester, Virginia
November 21, 2000
3:25 p.m. CALL TO ORDER
1) Minutes of the October 17, 2000 Meeting
PUBLIC HEARING
2) Variance #14-00 of David A. and Dawn Nutter for a 4.86 -foot side yard setback variance
for the construction of a single-family residence. This property is located at 4517 Back
Mountain Road and is identified with Property Identification Number 58-1-1 D in the Back
Creek Magisterial District.
3) Variance 15-00 of Stephen P. Scothorn for a 22 -foot front yard setback variance to
construct a detached two -car garage. This property is located at 333 Songbird Lane and
is identified with Property Identification Number 32-12-8 in the Gainesboro Magisterial
District.
4) Other
MEETING MINUTES
OF THE
FREDERICK COUNTY BOARD OF ZONING APPEALS
Heid in the Board Room of the Frederick County Administration Building, 107 N. Kent Street,
Winchester, Virginia, on October 17, 2000.
PRESENT: James Larrick, Jr., Acting Chairman, Gainesboro District; Theresa Catlett, Opequon
District; Dudley Rinker, Back Creek District; Gilbank Hamilton, Shawnee District
STAFF
PRESENT: Amy M. Lohr, Planner II; Jeremy F. Camp, Planner I; Carol Huff, Secretary
CALL TO ORDER
The meeting was called to order by Acting Chairman Larrick at 3:25 p.m.
MINUTES OF SEPTEMBER 5, 2000
On a motion made by Mr. Rinker and seconded by Mr. Hamilton, the minutes for the
September 5, 2000 meeting were unanimously approved with one correction.
NEW BUSINESS
Ms. Lohr told the Board that a nomination has been submitted by the Board of
Supervisors' representative from the Stonewall Magisterial District, Mr. Charles Orndoff, Sr., fora new
Board of Zoning Appeals member. Formal action will be taken on the nomination at the Board of
Supervisors meeting on October 25, 2000. The Frederick County Circuit Court will still need to
formally appoint the nominee; more information should be available by the next meeting in November.
1111-311 [eta ._nkT 7
Variance #13-00 of Tina M. Malloy for a 25 -foot frontyard setbackvariance for the construction
of an attached two -car garage. This property is located at 101 Mohawk Trail and is identified
with Property Identification Number 49A02-1-20-35 in the Back Creek Magisterial District.
ACTION - APPROVED
Mr. Jeremy Camp, Planner I, presented the staffreport. He stated that it was important
to note that the applicant had applied for and received a building permit. However, the building permit
was approved in error, as staff was not aware that the property was on a corner lot. This was brought
to light when the property was surveyed. Therefore, the BZA fee and sign deposit requirements were
administratively waived. Mr. Camp also noted that Shawnee Trail has not been fully developed as a
road, although it is shown as such on the plat. He passed out pictures of the property.
Frederick Co. Board of Zoning Appeals
Minutes of October 17, 2000 Minutes Book Page 1087
Ms. Tina Malloy, the applicant, was the only person present for this hearing. She stated
that since her building permit had been approved, she had already begun the project, dug the footers,
had the land leveled, etc. It was not until the surveyor came out that she discovered she was not in
compliance.
DISCUSSION
Mr. Larrick asked the applicant if she obtained the permit herself or if a contractor was
involved. Ms. Malloy replied that she obtained the permit and was doing the work herself.
There was no further discussion among the board members.
Mr. Rinker moved that variance be approved based on the three reasons given by staff
as follows:
1.) First, there does not appear to be another adequate location for the placement of an attached
garage on the property. The reason for this is due to the setback requirements for a corner lot,
and because there is a drainfield located in the entire front section of the lot.
2.) Two, the circumstances with the incorrectly approved building permit is a hardship to the
applicant.
3.) Three, the ten -foot setback, although less than desired, should not negatively effect the
adjoining properties. It is staff's opinion that these three factors combined is of adequate
reason to approve this variance.
Mr. Hamilton seconded the motion which passed by unanimous vote.
BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does
hereby approve by unanimous vote Variance #13-00 of Tina M. Malloy for a 25 -foot front yard
setback variance for the construction of an attached two -car garage.
ADJOURNMENT
There were no additional items on the agenda, therefore, the meeting adjourned by
unanimous consent at 3:35 p.m.
Frederick Co. Board of Zoning Appeals
Minutes of October 17, 2000
PA
Respectfully submitted,
James Larrick, Jr., Acting Chairman
Carol I. Huff, Secretary
Minutes Book Page 1088
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•
BZA REVIEW DATE: 11/21/00
VARIANCE #14-00
DAVID A. NUTTER
LOCATION: This property is located at 4517 Back Mountain Road.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 58-1-1D
PROPERTY ZONING & USE: Zoned: RA (Rural Areas) District;
Land use: Residential
ADJOINING PROPERTY ZONING & USE: Zoned: RA (Rural Areas) District;
Land Use: Residential and Vacant
VARIANCE: 4.86 -foot side yard setback variance for the construction of a single-family residence.
REASON FOR VARIANCE: See Attachment submitted by the applicant.
STAFF COMMENTS: The required setback of a side boundary line in the (RA) Rural Areas Zoning
District is 50 feet when adjoining a residential property. In this request for a variance, the applicant
desires to build a single-family dwelling as close as 45.14 feet to the right boundary line, a difference
of 4.86 feet from the required distance.
The property is located in the Back Creek District, with just under 200 feet of road frontage along
Rt. 600. The surrounding lots are residential or vacant, and the entrance to Mountain Falls Park, or
Wild Acres, is approximately 2/10 of a mile north of the property. The property in question is typical
in size for the area, 12.863 acres to be exact. The lot is a pipestem lot, however, meaning the lot is
much wider on one side than the other. Despite this, the front portion of the lot is wide enough to
construct a house within the building restriction line.
On August 29, 2000, the staff approved the house with a setback of 55 feet on both the right and left
sides. A building survey was required as a condition to the permit because the structure was
proposed at a location within five feet of the minimum setback requirement. It is unclear exactly why
the foundation of the house was built at a slightly different location than approved; however, the error
is most likely to have occurred due to a mistake by a third party building inspector. A county building
inspector discovered the discrepancy on October 12, 2000. Currently, a stop -work order has been
David Nutter Variance
Page 2
November 9, 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.
After an inspection of the property, an analysis of the Zoning Ordinance, and in consideration of the
circumstances, the staff is of the opinio4 that this request for a variance be denied. The three primary
reasons for this recommendation are as follows:
Although it is unfortunate that the foundation of the house has already been built, there is no
undue hardship, approaching confiscation, directed toward the owner. Furthermore, there
is adequate room to build the house if located closer to the left boundary line. The required
setbacks were made clear when the building permit was approved.
2. Other lots in the area are subject to the same setback requirements when constructing a
primary structure.
3. The minimum setback is 50 feet, anything less than this would not be consistent with the
Frederick County Zoning Ordinance.
O:\Agendas\BZA\Staff Report\David Nutter_VAR.wpd
David Nutter Variance
Page 2
November 9, 2000
issued by the county building official until the problem is resolved.
STAIRF CONC1L MON.
The Code of Virginia, Section 15.2-2309(2) states that no variance shall be authorized by the board
unless it finds i;,at a) strict application of the Ordinance would produce an undue hardship
approaching confiscation; b) that such hardship is not shared generally by other properti.es 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.
After an inspection of the property, an analysis of the Zoning Ordinance, and in consideration of the
circumstances, the staff is of the opinion that this request for a variance be denied. The three primary
reasons for this recommendation are as follows:
1. Although it is unfortunate that the foundation of the house has already been built, there is no
undue hardship, approaching confiscation, directed toward the owner. Furthermore, there
is adequate room to build the house if located closer to the left boundary line. The required
setbacks were made clear when the building permit was approved.
2. Other lots in the area are subject to the same setback requirements when constructing a
primary structure.
3. The minimum setback is 50 feet, anything less than this would not be consistent with the
Fredericic County Zoning Ordinance.
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Variance ##14 - 00
David A. Nutter
& Dawn 1VI.Nu
PIN: 58-1-1D
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Office of Mapping and GIS,10130100, Agray
Page 1 of s APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
"ECEIVED
OOT 1 n 2000
DEPT, OF PLANNING/DEVELOPMENT
1. The applicant is the owner
2. APPLICANT:
X other . (Check one)
OCCUPANT: (if different)
NAME: -avid A. Nutter NAME:
ADDRESS P. 0. 3oxk 3475 ADDRESS:
Winchester, VA 22604
TELEPHONE :4 -8. 7-2 7 74 TELEPHONE
3. The property is located at (give exact directions and include
State Route numbers):
T_e.v•al Ro<:te 30 ?:'est ("'orthw;,stern Pike) then turn left or._o 111.3ste 614/cM
( . ','our Fco`d) . Travel _ .r.. ..-�? e p.oP�r v cr. left O_ .2 � e -a7
3ac'_ s t z � m_-�
i_c+int =_n a 11;3 1a—. -c Er..`rarce nr_ ae-_ on _:-f t.
4. The property has a road frontage of 196.35 feet and a depth
Of i,4JO.6 feet and consists of l .863 acres. (please be
exact)
5. The property is owned by ;a i u. fawn mr 'i\" tter
as evidenced by deed from �__.. +, ;.,;_f .a - _ 3;;...."- recorded
ci31 (previous owner)
in deed book no. - on page v� 177(- 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 laentification No.: 53-1-1D
8. The existing zoning of the .property is: RA, Rural Areas District
9. The existing use of the property is: Residential
10. Adjoining Property:
USE ZONING
North Residential, Vacant RA
East Vacant RA
South Rnc;H�,„t;Al RA
West Vacant RA
11. Describe the variance sought in terms of distance and type.
(For example: "A 3.5' rear yard variance for an attached two
car garage.")
A 4.36' side yard variance for the new residential structure
12. List specific reasons) 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
SLE AM"Cc:.':E TT
13. Additional comments, if any
ATTACHMENT
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 there to
The variance is being sought due to:
a. The structure_ could not be located closer to the road due to the septic
system. The septic system would only perk at the front location.
b. The structure could not be located back further due to a natural drain.
The natural drain is deep and then slopes up a steep hill. At the
natural drain the property starts to narrow.
C. Foundation of structure would be correct if property pegs not been
moved.
d. Phillip McAvoy was contacted and does not agree to a trade of land,
but does agee to this variance.
e. The variance requested is 4.86' side yard for residential structure..
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 Janet McLau chlin
Property ID#
53-1-1A
Address 1395 Cunningham Rd, S14, Apt 2202
Marietta, GA 3000E
NAME Phillip McAvoa Address 5818 Keysville Rd,
5? -3 Key:nar, MD 21757
-8
Property ID# 58-1--1C
NAME Jack .& Ann Baker Address 4447 Back 'Mountain Road
Winchester, VA 22602
Property ID# 58-1-1E
NAME Anthony & Shari Rosier Address 4503 Back Mountain Road
Winchester, VA 22602
Property ID# 58-1-3
NAME Herbert Stotler
Property ID# 58-A-29
NAME Tom Fle;al, Jr.
Property ID# 58-10-A5
Address 1319 Handley Avenue
Winchester, VA 22601
Address 501 1/2 Fairmont Avenue
Winchester, VA 22601
NAME �;�K L. 0i P-i;z. ,6zTk r P,' Trs Address q 5 € K Ac;* -a -1v R�ct1
.vC3+2st�f� 1-, a -G Ca
Property ID# 51,L- i i
NAME
Property ID#
NAME
Property ID#
NAME
Property ID#
Address
Address
Address
Page 5 of 5
AGREEMENT
VARIANCE # 1+— 0 0
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 DATE
SIGNATURE OF OWNER DATE
(if other than applicant)
BZA PUBLIC BEARING OF
-OFFICE USE ONLY-
- DATE -
APPROVAL SIGNED:
DENIAL DATE:
ACTION:
BZA CHAIRMAN
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CEitTIFUD MAIL October 13, 2000
Ritter Construction
172 Glendobbin Lane
Wmchester, VA 22603
RE: permit # 1728-2000
ax
Dear Mr. Ritter.
COUNTY of FREDERICK
Inspections Department
John S. Trenary, Building Official
540/665-5656
Fax 540/675-0682
Our office visited 4517 Back Mountain Road on October 12, 2000. At this time it was
discovered that a foundation had been constructed and the proper paper work for the approved
footing inspection, wall inspection and survey setback report had not been submitted to our office.
This foundation is posted stop work under the following code of the Virginia Uniform Statewide
Budding Code.
The BOCA National Bundling Code]1996, Section 117.0 Stop Work Order and
Section 117.1 Notice to Owner: Upon notice from the code official that work on any
budding or structure is being prosecuted contrary to the provisions of this code or in an
unsafe and dangerous manner, such work shall be immediately stopped. The stop work
order shall be in writing and shall be given to the owner ofthe property involved, or to the
owner's agent, or the person doing the work, and shall state the conditions under which
work will be permitted to resume.
Please contact our office within five days of receiving this letter_ The work shall not
proceed until the inspection and setback reports are submitted and reviewed by our department
and the Frederick County Planning Department. Please be aware that the above is subject to
appeal under Section 121 of the Uniform Statewide Budding Code within the BOCA National
Building Code. If you have any questions please give me a call at (540) 665-5656.
:, �u• ��- iii
JSTTJao
cc: David & Dawn Nutter
Richard Ruckman
Frederick County Planning & Zoning
file
107 Forth rent Street • Winchester, Virginia 22601
.._ A
LIEN AGENT:
USB C : 1 Q'I
DATE: °M/2000
;SSuA iCE DATE: Q ��
RENEWAL DATE,:
DATE: 31/25/2,000
10 3
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. CNT: •40 562 7523
DESCRIPTION C UCT1-N L0.AT I0IN
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BZA REVIEW DATE: 11/21/00
VARIANCE #15-00
STEPHEN SCOTHORN
LOCATION: This property is located at 333 Songbird Lane.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 32-12-8
PROPERTY ZONING & USE: Zoned: RA (Rural Areas) District;
Land use: Residential
ADJOINING PROPERTY ZONING & USE: Zoned: RA (Rural Areas) District;
Land Use: Residential
VARIANCE: 22 -foot front yard setback variance to construct a detached two -car garage
REASON FOR VARIANCE: The applicant states that "there is only one practical place for garage;
to place elsewhere would have to remove many 75 to 100 -year-old oak trees and many small
dogwood trees. Lower front acreage floods in wet weather. Unfeasible to run another driveway
through yard to put garage behind house. Many homes and some garages along Apple Pie Ridge and
Hiatt Road (main State roads) in area are less than 60 feet from road and some as close as 20 feet.
The right-of-way into my house is a gravel road only 10 to 12' wide (private drive)."
STAFF COMMENTS: The minimum distance that an accessory structure can be built to a property
line in the Rural Areas (RA) Zoning District is 15 feet. However, no accessory building can be closer
than 60 feet from the front property line or any public right-of-way. Mr. Stephen Scothorn is
applying for a variance to this requirement. Specifically, Mr. Scothorn is seeking a 22 -foot front yard
variance in order to construct a detached two -car garage. His reason for this request is that he would
like to preserve an area of large oak trees located to the right of his house. Staff estimates that one
or two of these trees will need to be removed in order to located the garage at least 60 feet from the
front property line. If this variance is approved, the garage will be 38 feet from the front property
line. All other setbacks would be in conformance with county requirements.
The property in question is located near the end of Songbird Lane, which is off of Apple Pie Ridge
Road. The size of the lot is approximately five acres, typical in both size and shape when compared
to other lots in the area. Dimensionally, the lot is 333 feet deep and 672 feet long. The use of the
surrounding properties is residential.
Stephen Scothorn Variance #15-00
Page 2
November 9, 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.
After an inspection of the property, and a thorough review of the Zoning Ordinance, it is the planning
staff's opinion that approval of this variance would be inappropriate. The three reasons the planning
staff recommends denial are as follows:
There appears to be no undue hardship directed toward Mr. Scothorn if we require the
minimum setback distance for the garage. Mr. Scothorn has the ability to build the garage
back at least 60 feet from the front property line if he so desires. Furthermore, the inability
to build the garage does not preclude a reasonable use to the property.
2. All other neighboring property owners, who share the same right-of-way, are required to meet
today's setback standards if they wish to construct a building or structure.
3. There may be substantial detriment to adjacent property owners if Songbird Lane ever
expands eastward.
0: Wgcnda \BZA\Staff Report\Stephen Scothomlwpd
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BYERS GEMMA
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32 12 5
32 12 7
VAR #15-00
Stephen Scothorn
PIN:
32-12-8
Office of Mapping and GIS, 10/30/00, Agray
1y Page I of 5 APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
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 5 e �}�r/.'l NAME:
ADDRESS35 3 i,: i) _I .
1 /
TELEPHONE: Y'10- (1 G 7 - / 9
x.11019 ci -�-�
TELEPHONE:
3. The property is located at (give exact directions and include
State Route numbers):
4. The property has a road frontage of feet and a depth
of 333'51 feet and consists of 5.4 acres. (please be
exact)
5. The property is owned by ; - A -,,/ /�
as evidenced by deed from 7 '�) /-° 1 A ; 17� 1---i f'f recorded
(previous owner)
in deed book no. 1141 ! on page 2 -7 /; 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,a - S
8. The existing zoning of the -property is:
9. The existing use of the property is:�> i r J+TJ
1o. Adjoining Property:
IISE ZONING
North
East I tie/
South rn�L� bi1
West : rVr1 4I /J
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.")
r—
Lu�� l� 1 1 Q.'ti1 CSL_
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
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13. Additional comments, if any
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papa 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 peo le will be notifd by mail of this application:
7;
NAME 4,q,t r - ,O = ,L ✓ Address
Property ID# 3Z ' ! - ! 0 ,�c�' , U 2 z C'..7
NAME
Address
Property ID#
32 f 2 - 7=—F, I
NAME
Property ID# 32- 12--4
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Property ID# ?I - I lr - 5- y
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NAME .Say+► (K Gni 1 Address i f o ' _ ` _ L nr
Property ID#
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NAME A*6 y dam Es 0,ever Address /a.'7 W4.4 P,Alc C .v
Property IN 32-- 1 S � I - ( �'`/' Nc.�eS4� r �/a 79/- O 2
NAME ale C 4 C./ % „ _ Address goo 5 o bQ A,;. d La,✓g'
Property IN 3 :2. -- 11- " 7 kyf'�Vohes-4-V-7t VL x2 -(o03
NAME Address
Property ID#
NAME
Property IN
NAME
Property ID#
Address
Address
Pagc 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 DATE 2 4, - 0 O
SIGNATURE OF OWNER DATE
(if other than applicant)
BZA PUBLIC HEARING OF
APPROVAL
-OFFICE USE ONLY-
- DATE -
SIGNED:
DENIAL DATE:
ACTION:
'329
471 119
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I hereby certify
that the land in
this plot is a
portion of the lend
conveyed to Gerald
Phelps by deed dated
t August 5, 1975, and
recorded in the
Frederick County
Court Clark's Office
in Deed Book 447 at
Page 49A
W.Al
•
W. Bruce Edens, %;L4
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