BZA 09-05-00 Meeting AgendaAGENDA
FREDERICK COUNTY BOARD OF ZONING APPEALS
The Board Room
Frederick County Administration Building
107 N. Kent Street
Winchester, Virginia
September 5, 2000
3:25 p.m. CALL TO ORDER
1) Minutes of the August 15, 2000 Meeting
OLD BUSINESS:
CONTINUATION OF PUBLIC HEARING
2) Variance #11-00 of Denny L. Place (tabled at the August 15, 2000 meeting) for a request
for an 8 -foot variance to the extension into setback provision [Frederick County Zoning
Ordinance, § 165-23.F.(3)] to extend the width of an existing front porch. This property is
located at 1 I 1 Princeton Drive and is identified with Property Identification Number 64A-2-
16 in the Shawnee Magisterial District.
NEW BUSINESS:
PUBLIC HEARING
3) Variance #12-00 of Tim and Melissa Nichols for a 20 -foot rear yard setback variance to
replace an existing mobile home with a modular home on a foundation. This property is
located at 266 Pickett Lane and is identified with Property Identification Number 75-A-88
in the Shawnee Magisterial District.
4) Other
i
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,
W....;hester, Virg...;—, on August 15, 2000—
PRESENT: James Larrick, Jr., Acting Chairman, Gainesboro District; Theresa Catlett, Opequon
District; Dudley Rinker, Back Creek District
ABSENT: Gilbank Hamilton, Shawnee District
STAFF
PRESENT: Michael T. Ruddy, Zoning Administrator; Amy M. Lohr, Planner II; Carol Huff,
Secretary
CALL TO ORDER
The meeting was called to order by Acting Chairman Larrick at 3:30 p.m.
OLD BUSINESS
The Resolution of Appreciation that was approved and signed by the members of the
Board of Zoning Appeals on July 18, 2000 for Manual Sempeles, Jr., resigning Chairman from the
Stonewall District, was read into record and presented to Mr. Sempeles. The resolution read as follows:
Resolution of Appreciation
Honoring
Manuel G. Sempeles, Jr.
WHEREAS, Manuel G. Sempeles, Jr. served as a member of the Frederick County Board of
Zoning Appeals from the date of his appointment by the Frederick County Circuit Court on
May 15, 1987, and as Chairman of said Board from the date of his election on January 17,
1995, until his resignation effective July 2000; and,
WHEREAS, during the period of his membership on the Board,
Manuel G. Sempeles, Jr. served dutifully, demonstrating both great insight into the issues
which faced the Board, and a keen sense of dedication to the betterment
of his community; and,
WHEREAS, the current members of the Board of Zoning Appeals wish to express their
gratitude to Manuel G. Sempeles, Jr., and recognize his
many years of faithful service,
NOW, THEREFORE, BE IT RESOLVED, That on this 18th day of July 2000,
the Frederick County Board of Zoning Appeals does hereby officially express its sincere
thanks to Manuel G. Sempeles, Jr. for his commitment to sound planning, participation in
activities of the Board of Zoning Appeals, and
his overall dedication to the County of Frederick.
Frederick Co. Board of Zoning Appeals
Minutes of August 15, 2000 Minutes Book Page 1082
MINUTES OF AUGUST 15, 2000
On a motion made by Mr. Rinker and seconded by Mrs. Catlett, the minutes for the
August 15, 2000 meeting were unanimously approved.
NEW BUSINESS
Due to a conflict of schedules among the Board members during the third week of
September, it was decided to reschedule the meeting for September 5, 2000 at the regular time of 3:25
p.m.
PUBLIC HEARING
Variance #11-00 of Denny L. Place for an eight -foot variance to the extension into setback
provision [Frederick County Zoning Ordinance, §165.23.F.(3)] to extend the width of an existing
front porch. This property is located at 111 Princeton Drive and is identified with Property
Identification Number 64A-2-16 in the Shawnee Magisterial District.
ACTION - TABLED UNTIL SEPTEMBER 5, 2000
Acting Chairman Larrick explained to the applicant that since Mr. Hamilton was absent
and another member had not yet been appointed by the Circuit Court for the Stonewall District, Mr.
Place had the option of postponing the public hearing until the next meeting. There was no guarantee,
however, that there would be a full Board at the September meeting.
After much debate and consulting with the family members present, Mr. Place decided
to go ahead with the public hearing.
Amy M. Lohr, Planner II, read the background information and passed out pictures that
she had taken of the property which depicted the existing porch.
Mr. Denny Place, applicant, explained to the Board that the extended porch was a project
he and his family had been planning for many years. He stated that they had been there since 1963. He
said that they did not want the porch to end right under the bay window because it wouldn't look right,
plus it was not what they really wanted.
DISCUSSION
Mr. Rinker asked if the porch would encroach into the side yard; staff replied that it
would not.
The Board asked for clarification on exactly where the porch would go. The applicant
pointed this out on the picture. Discussion followed on whether the applicant would accept less footage
on the length of porch desired, how many other houses in the area had full-length porches, and whether
this request represented a real hardship.
Frederick Co. Board of Zoning Appeals
Minutes of August 15, 2000 Minutes Book Page 1082
2
second. Mr. Rinker moved to approve the variance request but the motion died for lack of a
After further debate among the three Board members present, Mrs. Catlett moved to
approve the request if the applicant would accept three feet instead of eight feet. As there was no
second, this motion also died.
Discussion followed on the fact that the Board had reached an impasse, and Mr. Lamck
again suggested that the request could be carried over to the September 5, 2000 meeting.
In one last attempt at a compromise, Mr. Rinker moved to approve six feet instead of
eight. There was no second offered and the motion failed.
Mr. Place stated that he would like to table the application until September 5, 2000 in
the hope that there would be more Board members present; therefore, Mr. Rinker made a motion to that
effect, with Mrs. Catlett offering the second. This motion passed unanimously.
BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does
hereby unanimously agree to table Variance ##11-00 of Denny L. Place for an eight -foot variance
to the extension into setback provision [Frederick County Zoning Ordinance, §165.23.F.(3)] to
extend the width of an existing front porch, until September 5, 2000.
OTHER BUSINESS
This meeting was Mr. Ruddy's last Board of Zoning Appeals meeting due to his recent
resignation. The Board wished him the best of luck with his new position and thanked him for his work
with the Board.
ADJOURNMENT
There was no further business at hand; therefore, Mr. Rinker moved for adj ournment and
Mrs. Catlett seconded the motion. The meeting was adjourned at 4:20 p.m. with all members voting
AYE.
Respectfully submitted,
James Larrick, Jr., Acting Chairman
Carol I. Huff, Secretary
Frederick Co. Board of Zoning Appeals
Minutes of August 15, 2000 - Minutes Book Page 1083
BZA REVIEW DATE: 08/15/00
VARIANCE #11-00
DENNY L. PLACE
LOCATION: This property is located at 111 Princeton Drive.
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 64A-2-16
PROPERTY ZONING & USE: Zoned: RP (Residential Performance) District;
Land use: Residential
ADJOINING PROPERTY ZONING & USE: Zoned: RP (Residential Performance) District;
Land Use: Residential
VARIANCE: Request for an 8 -foot variance to the extension into setback provision [Frederick
County Zoning Ordinance, § 165-23.F.(3)] to extend the width of an existing front porch to 30 feet,
REASON FOR VARIANCE: The applicant states that the current porch is 12 feet wide and can
be extended to 22 feet but this would place the porch end in front of bay window. He would like the
porch to end up closer to driveway, past bay window and terminating next to chimney.
STAFF COMMENTS: The zoning ordinance permits porches, balconies, stoops, and other related
features to extend into setback areas. Specifically, such features which comprise less than one-third
(1/3) of the length of the wall of the primary structure may extend three feet into a required setback
yard. At present, the 12 -foot long porch on the applicant's home extends into the front setback as
allowed by the zoning ordinance. Because the length ofthe primary structure is 66 feet, the applicant
is permitted to extend the length of the porch to as much as 22 feet. The applicant is requesting an
eight -foot variance to the 22 -foot length maximum, thereby creating a 30 -foot long porch. The
proposed extension to the porch would not encroach any further into the front setback.
Denny L. Place Variance
Page 2
August 8, 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. To
strictly apply the setback requirements in this case would not produce a hardship approaching
confiscation of the property. Furthermore, the inability to build an addition onto the front porch does
K not eliminate either the functional use of the residence or the reasonable use of the property.
0:Wgendas\BZA\Staff Report\DennyPIa c.VAR—pd
Page 1 of s APPLICATION FOR VARIANCE.
IN THE
COUNTY OF FREDERICK, VIRGINIA
2.
3.
RE��IVE
JUL 2 0 2000
DEPT, OF PLANNI'lGiDEVELORMENT
KUST BR TYPED OR FILLED OUT IN INK - PLEASE PRINT
The applicant is the owner other (Check one)
APPLICANT:
ADDRESS -,/Ii/ ►,U =ry u ZiR
qac 2Z
TELEPHONE s D) 4,4,;' rI�
OCCUPANT: (if different)
NAME:
ADDRESS:
TELEPHONE:
The property is located at (give exact directions and include
State Route numbers):
{ 7-
5-0
E7
9�F i
4
5 --MR I_ 1 Cy i ,3
6-0&QA)
0"V
cr -V
/ 1>�
4. The property has a road frontage of p O feet and a depth
of r F6 feet and consists of acres. (please be
exact)
5. The property is owned by l � 4'eL
as evidenced evidenced by deed from _ , lire recorded
;_meq/ (previous owner)
in deed book no. on page f 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.: QQ Oz cc) oc 14-
B. The existing zoning of the.property is: P
9. The existing use of the property is:_
10. Adjoining Property:
DONINO
North !,•
EastT A
-f
South
West n
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.")
0 a-, .Let lca 2 Z.
G'�'✓5 "tr-?� p wpaY pe~ — —��+�1 c/�llCc.rL cUr.L c -z,
12. List specific reasons why €he 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
0
L
F
7
"' '�,��7 L �.� ! "-i..7.> : (,ti /C.�_.J l,�rl'Gt�l ,�;r��t..i.�'�' , ��1/ �rC.,L�'"�r_! Ccll.4ty r `�' a •Y3'Lt'l��`�
Irv --r
13. Additional comments, if any
Page 3 of B
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:
NAMEs �G �� T' Address ! d 4 Gc-� �-
Property IN 6 4 2
NAME Address / 3 o 1-04,6ro •V �
Property ID# G z�( 1-9 17
NAME Address
Property ID#
NAME
Property ID#
NAME
Property ID#
NAME
Property ID#
NAME
Property ID#
Address
Address
Address
Address
NAME Address
Property ID#
NAME Address
Property ID#
NAME Address
Property IN
Page 5 of 5
AGREENIENT
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 7 /70 la6
SIGNATURE OF OWNER
(if other than applicant)
BZA PUBLIC HEARING OF
DATE
-OFFICE USE ONLY-
- DATE -
APPROVAL SIGNED:
DENLA- . DATE:
ACTION:
Prince"�`On Drive
28/
L
Property Line Distances,
17'4
Proposed Addition to Porch
UP
M
5' ---
d
Li •
12'
Current porch
t
//0 7 / X00
M
find Correct
,-{ t
a,
rd
U. Goode
-ied
Surveyor
26,
1963
/YO. 17
FjewC E T Of/ D,��) X
The above lot located a short distance East of Winch --ter and
situate in Shawnee Mai-sterial District, Frederick County, Vir�iria
is hounded as follows:
Davi nr_ir_� at (1) an iron peg in the north Lr_e of Pr'r:c titan
Drive, said point �AinV 310 fU - " of a curve that cccnnect3 Princeton
L.'r ive with v?1 e Drive; thence With the North 11re Of Princeton Drive
63 dei, G7 r,ir.. -,�i 100,0 ft. to (2) an icor. peg a corner to Lot No. 15;
11 } iii 26 deg. 53 mgr., E 180.0 ft. to (3) an iron pe-
erica pith Lo . �o. 15 � �a3; thence
a corner to Lct lJ. i, in the South line o,� other land o� La
-es S 63 dez, 07 ;nin.E, 1GG.0 it. to (4.) an iron paw a corner
with La7 - 17 S 2� dei. ;3 ';yy 180.0 ft
to Lot, leo. 17; thence dt Lot r�o• r,.yn.
to the point of heGlr nine containinJ 1,CGO sq, ft. nor;2 or!a Sv•
lchar.d U,
Goode
, J
VIRGINIA FREGER'CK COUNTY, SCT. d to me on the &-fly of
:......, .} . _wr:t;na was produce,
BZA REVIEW DATE: 09/05/00
VARIANCE #12-00
TIM AND MELISSA NICHOLS
LOCATION: This property is located at 266 Pickett Lane.
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 75-A-88
PROPERTY ZONING & USE: Zoned: RA (Rural Areas) District;
Land use: Residential
ADJOINING PROPERTY ZONING & USE: Zoned: RP (Residential Performance) District;
Land Use: Residential
VARIANCE: 20 -foot rear yard setback variance to replace an existing mobile home with a modular
home on a foundation.
REASON FOR VARIANCE: See attached letter from the applicants dated July 28, 2000.
STAFF COMMENTS:
Within the RA (Rural Areas) Zoning District, the minimum rear yard setback fora principal structure
is 50 feet when the property adjoining that land is used for residential purposes. The applicants are
requesting a 20 -foot rear yard variance to replace an existing mobile home with a single-family
dwelling. The proposed dwelling would therefore be located 30 feet from the. rear property line.
The subject property, which consists of 0.37 acres, contains a mobile home of approximately 400
square feet in area. This existing dwelling does not meet the current RA (Rural Areas) setbacks.
Specifically, the front and right side setbacks are only 30 feet, whereas a 60 foot front and 50 foot
side setback would be required by today's standards. The left side and rear setbacks are currently
in conformance.
Tim and Melissa Nichols
Page 2
August 22, 2000
The proposed 1680 square foot dwelling is to be located 32 feet from the front property line.
Because the applicants are not encroaching any further into the front setback, a variance is not
necessary for the front yard area. The non -conforming side setback of 30 feet will be eliminated by
locating the new dwelling 50 feet from the side property line. Finally, a 20 foot rear yard variance
is sought to construct the new home.
The size of the subject property severely restricts the potential building area for this parcel.
Furthermore, the rear yard area abuts an open field which did not appear to be in use.
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 rear yard variance would be necessary to allow for the
construction of a new residence on the subject property. Due to the small size of the parcel, strict
application of the required setback would result in an undue hardship that would eliminate the use
of the property for residential purposes. Staff is also of the opinion that the granting of this variance
would not result in substantial detriment to adjoining properties.
O: W genders\BZA\Staff ReparMICHOLS_VAR. wpd
MA
1 � 7
Page 1 of s APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT
1. The applicant is the owner other X . (Check one)
2. APPLICANT: OCCUPANT: (if different)
NAME: TIM & !�ELISSA NICHOLS NAME:
ADDRESS211 - 235 FOREST LAKE DR ADDRESS:
STEPHENS_ :CITY, VA 22655
TELEPHONE: (540) 868-1119 TELEPHONE:
3. The property is located at (give exact directions and include
State Route numbers):
266 PICKETT LANE......... 81 NORTH , EXIT KERNSTOWN MAKE LEFT OFF
EXIT GO TO END OF RT 37, MAKE RIGHT ON TO RT 642, GO 1/4MILE TO GRAVEL ROAD
BESIDE BLUE WATER TOWER, MAKE LEFT TURN ONTO PICKETT LANE, GO TO END OF LANE
AND 266 PICKETT LANE SITS ON RIGHT SIDE OF LANE.
4. The property has a road frontage of 180 feet and a depth
of 90 feet and consists of .37 acres. (please be
exact)
5. The property is owned by TURNER E._ LUTTRELL & DARLENE SHULL
as evidenced by deed from CARROLL HUMMER recorded
(previous owner)
in deed book no. 963 on page 493 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: SHAWNEE DISRICT
7. 14 -Digit Property Identification No.: 750000A0000880
8. The existing zoning of the property is • _Q A L12urzArc-
9.
The existing use of the property is: RESIDENTIAL
10. Adjoining Property:
SLS E ZONING
North VAC .O Ni ; Q/4
East VIA
South
West--
11.
est: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:
- �ceptional 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
PC- E A 5 C -5E e "k--ri ,R L H S c5 (_ <T7- i-:-
%`
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 jt AddressrA y -T1 � P T�
Pro ID# `3„ CA j �� a�)b�
Property
NAME j� , Address
Property ID#
NAME
Property ID#
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
Address
EXSISTING STRUCTURES ON 266 PICV"TT LANE
180 FEET
90
FT
9C
Fl
REVISJ:D STRUCTURES AND. (REQUEST OF REZONING ON 266 PICKETT LANE
180 FEET
w
0
I -h
rt
NEW MODULAR HOME ON FOUNDATION
7D ft APPRX SIZE 28 X 60 50 ft
r
180 FEE
WAY 1 6 f t
90
FT
J�L ,Y gig,1.
TO WHOM IT MAY CONCERN:
WE BRING THIS MATTER TO YOU IN HOPES OF A DESCION THAT WILL
ALLOW US TO LIVE IN OUR HOME ON A WONDERFUL PIECE OF LAND.
WE FOUND THIS LAND ONE NIGHT BY ACCIDENT AND THE HOME THAT
WAS ON THIS LAND WAS EMPTY. WE LEFT A NOTE ON THE FRONT
DOOR IF INTRESTED IN SELLING THEY HAD A BUYER. A REALTOR
CALLED US AFTER MANY TRIPS THERE TO SEE IF THE NOTE WAS
ACCEPTED TO LET US KNOW IT WAS FOR SALE. AT WHICH TIME WE
WENT TO THE HEALTH DEPARTMENT TO SEE WHAT WAS NEEDED TO
BE DONE TO OBTAIN THIS LAND AND PUT ON A NEW HOME FOR OUR
FAMILY. AFTER A LONG PROCESS AND EXPENSE IN DIGGING UP THE
SEPTIC WE WERE TOLD IT WAS NO GOOD AND THE ONLY SYSTEM
THAT WOULD BE ACCEPTED WOULD BE A PUMP AND HAUL SEPTIC SO
THROUGH MANY MORE STEPS WE ENDED UP IN MR JOHN RILEY'S
OFFICE AND HE TOLD US HE WOULD SIGN OFF ON THE PERMIT IF WE
WOULD TALK WITH MR. EVAN WYATT WHO INSTRUCTED US ON ALL
THE SETBACKS FREDRICK COUNTY NOW HAS. HE EXPLAINED TO US
AFTER THE SET BACKS WE HAD NO ROOM LEFT FOR A HOME. WE
LEFT HIS OFFICE VERY DISAPPOINTED AND READY TO GIVE UP. BUT
THANKFUL WE DID NOT PURCHASE THE PROPERTY THAT WE WAS
TOLD WE COULD NOT USE FOR OUR HOME. THE WEEKEND CAME WE
VISITED THE PROPERTY MANY MORE TIMES WITH REASONS OF
UNSURITY BUT WE KNEW WE COULD NOT GIVE UP ON THIS IDEA, IT
WAS OUR DREAM PLACE TO LIVE. SO NOW AFTER MANY MORE STEPS,
WE COME TO YOU, THE BOARD OF ZONING. WE ASK TO PLEASE GIVE
GREAT THOUGHT AND CONSIDERATION TO ALLOWING US TO CHANGE
THOSE SETBACKS. WE HAVE A GREAT DEAL OF HARD SHIP ON THIS
PIECE OF LAND DUE TO IT'S SIZE.
WE WOULD LIKE TO THANK YOU IN ADVANCE FOR YOUR
CONCIDERATION AND FOR YOUR TIME.
SINCERELY,
TIM AND MELISSA NICHOLS
Psee S of S
AGREEMENT
VARIANCE #
I (we), the undersigned, do hereby respectfully matte application, and petition the F'rcderick
County Board of Zoning Appeals (BZA) to grant a variance to the terms of the Frederick County
Zoning Ordina" as descnbed herein. I agree to comply WM 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 (i) 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 tW aU of the statements and information contained herein ere, to the best of
my knowledge, true.
siGNATURE OF APPLICANT M "A �L�V("ATE
SIGNATURE OF OWNER ATE
BBA PUBLIC HEARING OF
APPROVAL
)DENIM
-O CE USE OnY--
ACTION:
- DATE-
SIGI EV., --
BZA CUAIRNMkN
DATE:
TOTAL F_02
Lord Fairfax Environmental Health District
107 N. Kent St.
P. O. Box 2056
Winchester, Virginia 22604
(540) 722-3480 FAX (540) 722-3479
Counties of Clarke, Frederick, Page, Shenandoah, Warren, and City of Winchester
July 20, 2000
John Trenary
Frederick County Inspections
107 N. Kent St.
Winchester, Va. 22601
RE: Walkover request for Tim and Melissa Nichols; 266 Pickett Lane; Frederick Co. Tax Map # 75-A-
88; Health Dept. ID# 34438.
Dear Mr. Trenary:
The Frederick Co. Health Dept. cannot certify that the sewage disposal system serving the existing
mobile home at the above location is a "safe, adequate, and proper" system as required by section 32.1-
165 of the Code of Virginia.
I performed a walkover of the above system yesterday. Prior to my site visit, the access lid of the septic
tank and part of one drainfield line had been uncovered. Three backhoe pits around the system had also
been excavated. The system appears to consist of a septic tank with an approximate 275 -gallon capacity
and two drain lines, one 35 feet long and one of unknown length. The system had no distribution box.
The reasons the system cannot be approved include:
1. The soil in the area is too shallow to shale rock, water table indicators, and heavy clay.
2. At least part of the system was installed in fill material.
3. The drain lines are less than 40 feet from the existing well on the property.
4. The drain lines were not installed on contour. The fall on the line that was uncovered is
approximately 3 feet from beginning to end.
5. The septic tank and drainfield are not large enough.
If you have any questions, please call me at 722-3480.
Sic ely,
J Dailey
Environmental Health Specialist
cc: Tim and Melissa Nichols
Lord Fairfax Environmental Health District
107 N. Kent St.
la P O. Box 2056
Winchester, Virginia 22604
(540) 722-3480 FAX (540) 722-3479
Counties of Clarke, Frederick, Page, Shenandoah, Warren, and City of Winchester
July 20, 2000
Tim and Melissa Nichols
211-235 Forest Lake Dr.
Stephens City, VA 22655
RE: Pump and Haul Application; Tax Map # 75-A-88; 266 Pickett Lane.
Dear Mr. and Mrs. Nichols:
Enclosed is an Application for Pump and Haul, a contract, and a backup contract for your proposed pump
and haul on the subject property.
In order to possibly obtain a construction permit for a pump and haul system, please proceed as follows:
1) Prepare a site sketch of the property showing the existing and proposed structure, the proposed
location of the pump and haul tanks, and the location of any wells or other water supplies within 200
feet.
2) Have your septic pumper, who must be permitted as a sewage hauler in the state of Virginia, sign and
complete the enclosed contract and backup contract. Your pumper must have at least two trucks for
hauling sewage to sign the backup contract. If he or she does not have two or more trucks, you must
get another pumper to sign the backup contract.
3) Present the application, the contract, and the site sketch to John Riley, County Administrator, 107 N.
Kent Street (665-5666) for him or his representative to review and sign in the appropriate places on
all documents as noted: item 1 and 16 of the application and the appropriate blank on the bottom of
the contract with your septic pumper.
4) Obtain the signature of approval from Jesse W. Moffett, Executive Director of the Frederick -
Winchester Service Authority, 107 N. Kent St., 1st floor near elevators (722-3579) on item 14 of the
application.
5) Have the legal owner sign and date the contract in the blanks marked for "property owner."
6) Return these documents COMPLETED to this office, 107 N. Kent Street, Suite 201 in Winchester.
Sincerely,
John Dailey
Environmental Health Specialist