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HomeMy WebLinkAboutBZA 11-20-01 Meeting AgendaFILE COPY AGENDA FREDERICK COUNTY BOARD OF ZONING APPEALS The Board Room Frederick County Administration Building 107 N. Kent Street Winchester, Virginia November 20, 2001 3:25 p.m. CALL TO ORDER 1) Minutes of the September 25, 2001 Meeting OLD BUSINESS (]CABLED FROM 9/25/O1) 2) Continuation of Application #17-01, Appeal of Decision by the Zoning Administrator, submitted by Capon Valley Bank in regard to the denial of a time and temperature clock in a bank sign. The property is located at 6701 Northwestern Pike and is identified with Property Identification Numbers 28-A- 14B and 28-A- 14D in the Back Creek Magisterial District. PUBLIC HEARING 3) Variance #19-01, Autumn Woods, L.L.C., for a 1.5 -foot front yard setback variance for an attached garage. This property is located on Lynn Drive in the Autumn Glen Subdivision, Lot 18B, and is identified with Property Identification Numbers 75L -3-1-18B in the Opequon Magisterial District. 4) Variance #20-01, Edgar L. Heishman, Jr., for a 14 -foot rear yard setback for an attached screened -in porch. This property is located at 219 Bentley Avenue in the Chapel Hill Subdivision and is identified with Property Identification Number 64D-7-34, Lot 34, in the Shawnee Magisterial District. 5) Other J C • MEETING MINUTES OF THE FREDERICK COUNTY BOARD OF ZONING APPEALS Held in the Board Room of the Frederick County Administration Building, 107 N. Kent Street, Winchester, Virginia, on September 25, 2001. PRESENT: James Larrick, Jr., Chairman, Gainesboro District; Theresa Catlett, Opequon District; Dudley Rinker, Back Creek District; Thomas Malcolm, Shawnee District and Robert Perry, Stonewall District STAFF PRESENT: Patrick T. Davenport, Zoning Administrator; Mark R. Cheran, Planner I; Evan A. Wyatt, Planning Director; Carol Huff, Secretary CALL TO ORDER The meeting was called to order by Chairman Larrick at 3:25 p.m. MINUTES OF AUGUST 21, 2001 On a motion made by Mrs. Catlett and seconded by Mr. Perry, the minutes for the August 21, 2001 meeting were unanimously approved. PUBLIC HEARING Application #18-01, Appeal of the Decision by the Zoning Administrator, submitted by Marsh & Legge Land Surveyors, in regard to the denial of a boundary line adjustment in the Quail Meadows subdivision. The property is located at the northeast intersection of Ruebuck Road (Rt. 670) and Rest Church Road (Rt. 669), adjacent to the Virginia/West Virginia State Line and is identified with Property Identification Numbers 23-8-12 and 23-8-13 in the Stonewall Magisterial District. ACTION - AFFIRMED DECISION OF THE ZONING ADMINISTRATOR Mr. Patrick Davenport, Zoning Administrator, presented the background information on the appeal. He explained the history of the platting of the Quail Meadows subdivision, and the Frederick County Ordinance governing Rural Preservation Subdivisions. He concluded by stating that Frederick Co. Board of Zoning Appeals Minutes of September 25, 2001 Minutes Book Page 1 121 not being able to create larger lots for marketing purposes or the inability to reduce the size of the preservation area once the lots have already been legally recorded does not constitute an undue hardship. All rural area preservation subdivisions must follow the same regulations and granting this appeal may cause adjoining property owners to lose the assurance that the preservation area will be permanently preserved. They may also suffer reduced property values as a result. Chairman Larrick noted for the record that Mr. Perry would not be participating in the discussion on this appeal as there may be a conflict of interest. Mr. Larrick asked for any comments or questions from the Board. Seeing that there were none at this time, Chairman Larrick asked for anyone in favor of the appeal to come to the podium. Mr. Scott Marsh, of Marsh & Legge Land Surveyors, PLC, applicants for the appeal, stated that he wanted to make it very clear why they were appealing the Zoning Administrator's decision and exactly what they were trying to do. He called the Board's attention to the "Current" and "Proposed" plats that were provided. He discussed the 40% preservation rule and stated that all lots have either been sold or are presently being built on. He explained that what they wanted to do would reduce the size of the preservation lot but would still be in excess of the 40% rule. Mr. Marsh emphasized several times that he wanted to make it clear that they did not want to set a precedent and did not want to re -subdivide any more lots. Chairman Larrick questioned the fact that the "Proposed" plat appeared to show more lots being proposed. There was some confusion as to what the "Proposed" plat was trying to show. Mr. Marsh informed the Board that the "Proposed" plat they had in their agendas was incorrect and showed them the drawing that showed the proposed boundary line adjustment and change of lot size. Mr. Malcolm asked why the subdivision was originally platted and recorded the way it was; Mr. Marsh replied that there was a client who wanted it that way (with the 75 -acre preservation tract) but that the contract fell through. Mr. Malcolm also asked about the adjoiner notification requirement for Rural Preservation Subdivision. Staff replied that Rural Preservation Subdivisions were handled administratively and did not require public hearings or public meetings. There was further discussion on how much of the original 119 acres would result in 40% for rural preservation; it was determined to be about 47.7 acres. The Chairman asked for anyone else in favor of the appeal and the following persons came forward: Mr. Perrin Duvall, property owner and client of Marsh & Legge, P.C., explained that he was seeking the boundary line adjustment in order to keep Lot 12 for his residence. That property contains the original farmhouse, barn and land that had been farmed for many years. Board members asked about what was allowed on a preservation lot. Staff explained that the intent of the ordinance is to allow the preservation lot to be one residential lot. Mr. Evan A. Wyatt, Planning Director for Frederick County, spoke against further subdivision of a recorded Rural Preservation lot based on several points, including the following: 1) Frederick Co. Board of Zoning Appeals Minutes of September 25, 2001 2 Minutes Book Page 1 122 the intent of the rural preservation lot is to not further divide the parent tract; 2) under the Subdivision Ordinance the County allows traditional five -acre lots, family division lots, agricultural lots, rural preservation lots and boundary line adjustments. No matter what you call them, they all follow under the definition of land division which establishes not only new lots but boundary line adjustments of any existing lot. 3) such action may set a precedent; 4) such action may affect property owners who haven't built yet. Mr. Wyatt reminded the Board that this hearing was not a normal variance application hearing where they would be looking at hardships and things of that nature but simply to determine if Mr. Davenport made the correct decision involving a legally recorded rural preservation lot. In rebuttal, Mr. Marsh pointed out that all of the adjoiners affected by this proposal had been notified of this public hearing. Secondly, he felt that a precedent would only be set if the 40% rule had been minimized further. In addition, he knows of prior boundary line adjustments being made in this county to rural preservation lots. Mr. Marsh concluded that they felt they were meeting the intent of the ordinance by keeping the 40% rule and were not creating a non -conforming situation. Mr. Malcolm asked for clarification on whether boundary line adjustments had been made on rural preservation lots in the past. Mr. Wyatt's responded that he was not personally aware of any since he or Mr. Davenport had been with the County; however, he would not dispute Mr. Marsh's contention that boundary line adjustments may have been done on rural preservation lots in the past. There were no other public comments. DISCUSSION Mrs. Catlett asked for clarification on the decision the Board was being asked to make in this case. The Chairman confirmed that the Board was not deciding whether or not the boundary line adjustments could be made but, simply, whether or not the Zoning Administrator acted properly when making his determination. Chairman Larrick stated that he believed property owners have the right to believe that the Rural Preservation Lot will remain the way it was when they purchased their property. With no further discussion, Mr. Malcolm moved to affirm the decision of the Zoning Administrator in the denial of a boundary line adjustment in the Quail Meadows subdivision. BE IT RESOLVED, that Application #18-01, Appeal of the Decision by the Zoning Administrator, submitted by Marsh & Legge Land Surveyors, was denied. The Frederick County Board of Zoning Appeals does hereby affirm, by majority vote, the decision of the Zoning Administrator in the denial of a boundary line adjustment in the Quail Meadows subdivision. (Mr. Perry abstained from the vote.) Application #17-01, Appeal of the Decision by the Zoning Administrator, submitted by Capon Valley Bank in regard to the denial of a time and temperature clock in a bank sign. The Frederick Co. Board of Zoning Appeals Minutes of September 25, 2001 Minutes Book Page 1123 property is located at 6701 Northwestern Pike and is identified with Property Identification Numbers 28 -A -14B and 28 -A -14D in the Back Creek Magisterial District. TABLED TO THE NOVEMBER 20, 2001 MEETING Mr. Davenport, Zoning Administrator, presented the background information on the appeal by the Capon Valley Bank. He explained that the appeal arose from a violation complaint against the bank for an illegal sign. A sign permit had not been obtained for the sign; additionally, the sign alternately displayed the time and temperature, a component that is not allowed in the Frederick County Zoning Ordinance. Mr. Clinton Ritter, attorney for the applicant, spoke on behalf of Capon Valley Bank. He asked that the Board of Zoning Appeals allow them to amend their application because the August 15, 2001 letter that Mr. Davenport referred to was received after their application had been filed. They wanted to add that they do not believe the sign is animated or flashing, as the first and second letters from the Zoning Administrator indicated. A question regarding the wording of the adj oiner letter and the legal advertisement was brought up; the word "flashing"was not used, neither was the word "animated." Therefore, the Board concluded that there was no legal problem with accepting the amendment to the application. Mr. Ritter stated that although the application did not address any hardship issues, the, bank spent $8,000 dollars on the sign and they considered that a hardship if they could not use it. In addition, they did not believe that the sign is flashing or animated; it is alternating. He further stated that not allowing the time and temperature portion of the sign would just result in the customers of the bank at Gore not having that convenience; however, they felt that they were providing a service that the community appreciated. Mr. Ritter added that staff should reexamine the way they write violation letters. Staff should think of a better way of discreetly informing business owners ofpossible violations instead of Sending such a strongly -worded letter threatening criminal complaints and jail time. The Board asked if the F & M Bank had a time and temperature display when their sign was there; Mr. Clinton replied that they did not. Several residents of Gore were present to speak on behalf of the bank. They felt that it was a nice gesture by the bank to provide this service and would like to see it be allowed to stay. The only complaint was from Mr. Al Hayes who stated although he liked seeing the time and temperature but he would like to see the brightness of the sign be a little less intense at night. Mr. Greg West stated that the residents of Gore were very happy to see the bank locate in their community, and he felt that since the City of Winchester allowed this type of sign, he did not see anything wrong with it being allowed in the County. Mr. Allen Brill, President and CEO of Capon Valley Bank, introduced himself to the Frederick Co. Board of Zoning Appeals Minutes of September 25, 2001 4 Minutes Book Page 1124 Board and apologized for putting the sign up without obtaining the proper permit. He told the Board that they wanted to be a good business in the community and did not want to do anything against the code. This type of sign was allowed right over the border in Hardy County and they never considered that it might not be allowed in Frederick County. He reiterated that they did not feel that the sign was "flashing" but was "alternating." Mr. Rinker asked for clarification on whether the sign was scrolling or not, and what color the lettering was. The Board asked what the difference was between flashing and alternating. There is no hard and fast rule in the code; it is a matter of interpretation by staff. Mr. Ritter remarked that he had asked the County Attorney for an interpretation on that point but had not received an answer in writing; however, he said that he had been given an opinion verbally. At this point, Mr. Davenport requested that the verbal opinion not be considered as it was nothing more than `hearsay.' DISCUSSION Chairman Larrick reminded the Board once again that they were not considering a variance and that the only thing they could vote on was whether or not the Zoning Administrator made the correct interpretation of the Zoning Ordinance when denying the use of the time and temperature component of the Capon Valley Bank's sign. Further discussion ensued as to what constituted a flashing or animated sign. As the applicant was not able to show the video of the sign as they had planned, Mr. Perry moved that the application be tabled until the November 20, 2001 meeting to give the applicant ample time to have the sign repaired. Mr. Rinker seconded the motion which passed by unanimous vote. BE IT RESOLVED, that application 917-01, submitted by Capon Valley Bank, Appeal of the Decision by the Zoning Administrator in regard to the denial of a time and temperature clock in a bank sign, was tabled to the November 20, 2001 meeting by unanimous vote. at 5:00 p.m. There being no further business at hand, the meeting adjourned by unanimous consent Respectfully submitted, James Larrick, Jr., Chairman Carol I. Huff, Secretary Frederick Co. Board of Zoning Appeals Minutes of September 25, 2001 5 Minutes Book Page 1 125 ., u BZA REVIEW DATE: 9/25/01 (tabled); 11/20/01 APPLICATION #17-01 APPEAL OF DECISION BY THE ZONING ADMINISTRATOR CAPON VALLEY BANK LOCATION: The property is located at 6701 Northwestern Pike. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBERS: 28 -A -14B and 28 -A -14D PROPERTY ZONING & USE: Zoned: B2 (Business General) District Land Use: Bank ADJOINING PROPERTY ZONING & USE: Zoned: RA (Rural Areas) District Land Use: Agricultural and Residential APPEAL: To appeal the decision of the Zoning Administrator in the administration of the Zoning Ordinance, concerning the denial of a time and temperature clock in a bank sign. REASON FOR APPEAL: Please see 910 and 11 on the application form. STAFF COMMENTS: On June 6, 2001, the Department of Planning and Development received a complaint regarding a sign on the property of Capon Valley Bank which was modified to display the time and temperature. The Capon Valley Bank was cited on June 15, 2001 for having an unapproved sign and also for constructing/making modifications to an existing sign without an approved permit issued by the Inspections Department. The Notice of Violation referenced the unapproved sign as being animated and also included a reference of a failure to obtain a sign permit. On June 18, 2001, the applicant requested a letter of determination from the Zoning Administrator regarding the permissibility of a sign which indicates time and temperature. The response, dated July 2, 2001 indicated that the subject sign is considered animated whether displayed individually or in a tandem fashion and, Capon Valley Bank Appeal Page 2 September 7, 2001 therefore, not allowed under the Zoning Ordinance. Upon realization of an administrative error, another determination letter was sent on August 20, 2001 which correctly referenced the determination of a sign indicating time and temperature as flashing, therefore, not allowed. Chapter 165-4 C of the Frederick County Zoning Ordinance states that "The Zoning Administrator shall have the authority to make interpretations concerning the application of the requirements in this Chapter. Interpretations of the Zoning Administrator may be appealed to the Board of Zoning Appeals." Chapter 165-30, Section A(1), contains the sign regulations pertaining to the types of signs prohibited in all districts. This Section states that animated or flashing signs are among the types of prohibited signs. Webster's New World Dictionary, 3' Edition, provides a relevant definition offlash as an intransitive verb: "To send out or reflect a sudden, brief blaze or light, especially at intervals." A sign indicating time and temperature creates a flashing presence merely by the evolution of time and temperature itself and flashing also occurs if the time and temperature data alternates. The New Illustrated Book of Development Definitions by Moskowitz and Lindbloom defines a flashing sign as: "Any directly or indirectly illuminated sign that exhibits changing natural or artificial light or color effects by any means whatsoever." Under 165-4C, the Zoning Administrator used these definitions to make a clear interpretation which established a sign indicating time and temperature is considered flashing. The strict application of the zoning ordinance would not produce an undue hardship due to the fact that no relationship between a decrease in customer base and the lack of a time and temperature sign. As evidenced by the aforementioned complaint, a flashing sign is a detriment to the surrounding areas. In a rural area where the subject property is located, flashing signs exhibit an annoying light glare and also detract from the character of the surrounding area. Furthermore, flashing signs are also a distraction for motorists whose attention may be directed away from the road for more than a safe period of time to read the displayed information. STAFF CONCLUSION FOR SEPTEMBER 25, 2001 MEETING: The application of the Zoning Ordinance in this case does not produce an undue hardship, nor is the use of a flashing sign commonplace for other properties in the same zoning district and the same vicinity. Approval of this request would be of detriment to adjacent properties and the character of the district. Affirmation of the determination of the Zoning Administrator would be justified in this case. STAFF REPORT ADDENDUM - November 7, 2001 On October 23, 2001, staff visited the subject site and observed the sign and its function of displaying time and temperature, which is the issue in this appeal. The time and temperature data was displayed in 15 -second alternating increments. The Zoning Administrator's determination remains identical as Capon Valley Bank Appeal Page 3 September 7, 2001 the previous; that this time and increment or any other incremental period is considered flashing. For the Board Members' information, please find attached a specification sheet provided by the sign manufacturer, which details available increments of data display possibilities. 0 \Agendas\BZA\Stats Report\APPEALS\Capon ValleyBank.wpd Meridian® Series Installation and Operating Manual Operation Switch 2: Display Information Set this switch to select the type of information to display on the sign. Switch Position Type of Information Displayed 0 Time (12 hour), Temperature ((F) I Time (12 hour), Temperature (°C) 2 Time (12 hour), Temperature (°F), Temperature (°C) 3 Time (12 hour) Onl 4 Tem erature (°F) Only 5 Tem erature (°C) Only 6* Time (12 hour), Temperature (°F), Date 7* Time (12 hour), Temperature (°F), Temperature (°C), Date 8* Time (12 hour), Date 9* Date Only A** Time (24 hour), Temperature (°F) B** Time (24 hour), Temperature (°C) C** Time (24 hour), Temperature (°F), Temperature (°C) D** Time (24 hour) Only E** Time (24 hour), Temperature (°F), Date F** Time (24 hour), Temperature (°C), Date * Note: The date can be displayed only if the GPS time keeping option is installed. * * Note: 24 hour time display is available only if this option installed. (�Switch T�eenggth of time that a particular kind of information will be displayed on the sic -Ill. For example, with a hold time of 2 the sign may display the time for 2 seconds, display the temperature for 2 seconds, then display the time again. Note that if only one type of information is selected by s,, itch 2, the hold time determines how often the information on the sign will be updated. Switch Position Hold Time (Seconds) 0 2 1 4 2 6 3 8 4 10 5 12 7 15 20 8 25 9 30 A 35 B 40 C 45 D 50 E 55 F 60 'a�.c 20 biY-Lg-h4ne,0 RedL ANDER&W AICERSON 29 A 14 28 A 125 BRYANT 26 A 63C ANS 2B A 1254 BRYANT 28 A aM APP#17 - 01 Location Map For: Capon Valley Bank PIN: 28 - A - 14B 28 -A -14D of Planning and Development, H, Agray August 20, 2001 Mr. Allen Brill P:O. Box 119 Wardensville, WV 26851 FILER COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 CER'117MD MAIL RE: 6701 Northwestern Pike; Property Identification Number (PIN): 28 -A -14B; Zoning District: B2 (Business General) Dear Mr. Brill: We have received your letter dated, June 18, 2001 in which you requested this office provide a determination regarding the permissibility of a sign that indicates time and/or temperature. A sign which displays information that changes, such as time and temperature, whether indicated individually or in a tandem fashion, is considered flashing. In accordance with Section 165-30(A) of the Frederick County Zoning Ordinance, animated or flashing signs are prohibited in all zoning districts. Therefore, the presence of animated or flashing signs are not permitted under the Frederick County Zoning Ordinance. 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 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. You have submitted to this office an appeal application and the BZA date is September 18, 2001. This office had to modify its determination and violation notice to include flashing as set forth in the zoning ordinance. If you wish to proceed with the September 18, 2001 BZA meeting, please contact this office in writing so a modification can be made to your application to reflect this change. If no correspondence is received by August 24, 2001, you will have to appeal in accordance with Section 15.2-2311 Code of Virginia and Article XX, Section 156-144A(1) of the Frederick County Zoning Ordinance. Sincerely, u�o ffjwmk Patrick T. Davenport Zoning Administrator PTD/rsa cc: Clinton R. Ritter, Esq. 107 North Dent Street - Winchester, Nirginia 22601-5000 a L v - - - - - i ■ Complete mems 1, Z and 3. Also complete i item 4 if Restricted Delivery is desired. A Received by (Ppease Print CleHriy) B. Dace of Delivery IS Print your name and addnm on the reverse so that we can return the card to you. C*M ■ Attach itus card to the track of the marlpiece, X (3 Agent or on the front if space permits. ❑ Addresses`. r - = 1. Arte Addressed to: Article D. Is 1? 13 yes IfYt, 13 No MR. ALLEN BRILL r. - _ P.O. BOX 119 AUG 2 01 AAnENSVII.LE, QV 26851 3. Service T 'P PTD 8/20/01 $ZCerMW Mlai cess Mail ❑ Registered ❑ Retum Receipt for Merctmdise C] imired Mail ❑ C.D.D. 4. Restricted Delivery/? F-xha Feel ❑ Yes _ 2 Arbc* Number popy ftm service /aW 7000 1670 0012 9296 1627 ' _ - PS Form 3811, duly 199!9 Domestic Rears Receipt ,gyp X6954 i APPLICATION FOR APPEAL AUG 1 8 Z001 IN THE COUNTY OF FREDERICK, VIRGINIA =5T PF,1E AmvinrF:nP\/Pj OPMEIIT MUST BF TYPED OR FII.tLED OUT IN INK - PLEASE PRl[N� 1. The applicant is the owner X other (Check one) 2. APPLICANT: NAME: The Capon Valley Bank ADDRESS P.O. Box 124 Gore, VA 22637 TELEPHONE: 540-858-3010 OCCUPANT: (if different) NAME: The Capon Valley Bank ADDRESS: P.O. Box 124 Gore, VA 22637 TELEPHONE: 540-858-3010 3. The property is located at (give exact directions and include State Route numbers): Located on the south side of U.S. Route 50, West of Winchester, Gore Virginia, Back Creek Magisterial District of Frederick County � 70 4. Magisterial District: Back Creek 5. 14 -Digit Property Identification No.: 28000OA000014B & ZSOOOOA000014D 6. The existing zoning of the property is: 7. The existing use of the property is: 8. Adjoining Property: M Rural Area North Agri ciiiitural-, East It South it West of — B-2 Bank RA , RA RA RA 9. Describe the decision being appealed. (Attach a copy or the written decision.) Denying the use of a time & temperature clock with Bank Sign. 10. Describe the basis of the appeal, indicating your reason(s) for disagreeing with the decision. (This may be provided on separate sheet.) First we believe the ordinance may be void for vagueness. Second and most important we do not believe that a time and temperature clock meets the definition of a animated sign as set forth in the county code. 11. Additional comments, if any: The bank simply, as a matter of courtesy and appreciation for its customer's business is trying to give the "Time of Day". 12. 'The following names and addresses are all of the individuals, .firms, or corporations owning propetty 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 he notified by mail of this application: Please list complete 14 -di it prop!rty iclentiflestien number.) NAME Address 6640 NW Pike, Gore Va 22637 Kenneth L. & Ruth B. Lineberg Arthur Lyndall & Betty K. Anderson Property ID # 28000OA0000130 Address P.O. Box 8, Gore, Va 22637 Property ID # 28000OA0001125 Address P.O. Box 8, Gore, Va 22637 Arthur Lyndall & Betty K. Anderson Property ID # 28000OA0000140 Address P.O. Box 8, Gore, Va 22637 Arthur Lyndall & Betty K. Anderson PropertyID # 28000OA000014E Address 6757 NW Pike, Gore Va 22637 Property ID # 28000OA0001125A Address Property ID # Address Arthur J. Anderson, Jr. Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property [D # AGREEMENT •npv.�r # I /-//1 �lr 1 L` t%xV rr_ 1 'r I (we), the undersigned,• do hereby respectfully petition the Frederick County Board of Zoning Appeals (BZA) to overrule the administrativeinterpretationof the 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. The Capon Valley Bank SIGNATURE OF APPLICANT DATE Duly Authorized Officer SIGNATURE OF OWNER (if other than applicant) -OFFICE USE ONLY - DATE BZA PUBLIC HEARING OF , l " ��5 ACTION: - DATE - APPEAL OVERRULED LiAPPEAL SUSTAINED Filc: K_1wrCMM%?PL[CArAPPEAL Re- 1197 SIGNED: DATE: BZA CHAIRMAN HI_iG-13--2001 13 -- 09 "EXHIBIT 1" ERTIM0 MAIL rally 17; 2001 Allen L. Brill, President and CEO Capon Valley Bank .. ... �.0.•Bavc,119•• __ . Wardtmsvnli�; 126851 X15406621038 P.02 i COUNTY of FREDERICK., Department of Planning and Development? 540/665-56511 FAX: 5401665.6395i RE: 6701. NerBa<wesftm Pili; Properly Identifi #ion Nuniber (PIN): 28 -A -14B Zoning Districb B2 (Busies .General) Dear Mr. Brill: We have received your letter dated, June 18, 2001 requesting a determination regarding the allowance of a sign that urticates time and/or tenTerattwe, Our previous two letters to you, dated June 7, 2001 and June 15, 2001, cited the incorrect section of dw Frederick County Zoning Ordinance; therefore, this letter supersedes all previous liters on this matter reWding the violation an the above -referenced property and will be you official notice of a violation of an unapproved animated sign. A sign which displays changing information, such as time and temperature, whether indicated individually or in a tandem fashion, is considered animated. 1n accordance with Section 165-30(A) (1) of the Frederick County Zoning Ordinance, animated signs are prohibited in all zoning districxs_ Furthermore, there is also no record of a sign permit issued by the Frederick County Building Official at this property. Therefore the presence of this animated sign constitutes a violation of the Frederick County Zoning Ordinance, This office will allow thirty (30) days from receipt of this letter to resolve this violation. Specifically, such resolution may be accomplished by the inunediam removal or modification of the animated sign from the subject property. You must also apply for a permit for an approved busirwss sign, if you wish,to creep 2ida ftk4fy the existing sign, Failure to comply with the Frederick County Zoning Ordkiti icae will result in a cdminWcomplaint being filed against you. You. way have the right to appeal this notice of violation within thirty (30) days of the date of this letter in nce accordawith Section 15.2-2311 dithe 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 Za;ing Administrator and the Board of Zoning Appeals (BZA) in accordance with Article XY, Section 165- 144A(1) of the Frock Cotmty Zoning Ordinance. This provision requires the submission of an application form, a written statement setting forth the decision being appealed, the date of decision, the grounds for the 107 North Kent Street - Winchester, Virginia 22601-5000 AUG -13-2001 13:03 FROM CAPOF"�ALLEY BANK Page 2 Allan L.,BriII, President & CEO, Capon Valley Bank Re: 6701 Northwestem Pike July 17, 2001 TO ~-15406621038 P.03 appeal, how the appd1mg is an aggrieved parry, any other mformation.you may want to subnut, 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 canact me regarding any qumticw that you may have at (540) 665-5651. Planner I MRCIrsa U. WarkVC A. 1Capon.wpd TU7HL P.0- pq 4r I -VA 1010 N N 990 �a Cj u W W wa A H UM ao N a c m b AM "EXHIBIT 2" 01000560" - .i c::) _ 0 N DIKE THIS DEED, made and dated this q day of May, 2001, by and between BM13ARA A. SELDON, party of the first part, hereinafter called Grantor, and THE CAPON VALLEY BANK, a banking institution, party of the second part, hereinafter called Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey with General Warranty and English Covenants of Title unto the Grantee, in fee simple, all those certain lots or parcels land, together with the improvements thereon and appurtenances thereto belonging, lying and being situate in Back Creek Magisterial District, Frederick County, Virginia, located on the Southern side of U.S. Route 50, and more particularly described as follows: PARCEL ONE: All of that certain lot or parcel of land, containing 3.18644 acres, and being more particularly described by that certain pkat drawn by Charles H. Kirkland, C.L.S., dated January 8, 1974, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 427, at Page 634. PARCEL TWO: All of that certain lot or parcel of land, containing 3.11393 acres, and being more particularly described by that certain plat drawn by Charles H. Kirkland, C.L.S., dated April 9, 1976, of record in the Clerks Office of the Circuit Court of Frederick County, Virginia, in Deed Book 485, at Page 575. Parcel One and Parcel Two are the same parcels of real estate conveyed unto Barbara A. Seldon by Deed dated the 30th day of January, 2001 from F & M Bank -Winchester, a banking institution, of record in the aforesaid Clerk's Office as 14 2 It 17 15 16 62 6 3 A 61 63C 54 , 56/ 1 57i I'll, 58 ;c B 55 "EXHIBIT 311 M \14 \14D.1 2 25 63D Lina - �S Lon ZZ- I- -7 50 :, �--5 124 0 0,-,� 12 8 P "EXHIBIT 4" - "EXHIBIT 5" - Computer Assisted ISS Re-Ap raisal FREDERICK CO Enter Criteria: Parcel Master File Searc Record/Dwelling No.: Q p — "EXHIBIT - Name: Account: Map: 0 28000OA0000130 Mm dD B Ls Parcel Location: 0 House# Op Name SPRINGMANN, MICHAEL J _ MARKS, CHARLES L POTOMAC APPALACHIAN _ PLUMLY, ANNA CARMELITA _ LUTTRELL, PAUL R _ LEIGHT, JOHN MAX & JOANN G _ SMITH, W. E. EST. _ ORNDORFF, JAMES H. ANDERSON, ARTHUR LYNDALL & B ANDERSON, ARTHUR L. JR. _ DUNLAP, DANIEL B JR & DEBRA Enter: Any Char=view Detail (last name first) (must be spaced correctly) Direct Street Name Type Direct Acreage Map # Rec # DW OC- C 11.72 28 A 117A 0005222 01 15,Y 45.03 28 A 119 0005225 01 16-Y 23.44 28 A 119A 0005224 01 15Y 136.50 28 A 120 0005226 01 15-Y 24.42 28 A 121 0005227 01 1S- Y 90.00 28 A 122 0005228 01 H Y 203.23 28 A 123 0005229 01 1 i -Y .75 28 A 124 0005230 01 1a Y 14.85 28 A 125 0005231 01 15 Y 2.17 28 A 125A 0032056 01 21 Y .42 28 A 126 0005232 01 10 + P=CFS F3 Cancel Enter: Any Char=view Detail P=CFS F3 Cancel Computer Assisted Mass Re -Appraisal FREDERICK CO Ente, Criteria: Parcel Master r 1 e Search Record/Dwelling No.: 0 0 Name: (last name ,f i rst) Account: 0 Map: 28000OA0000130 (must be spaced correctly) Mm dD B Ls Parcel Location: 0 House# _ Direct Street Name Type Direct Op Name Acreage Map # Rec # DW OC C _ LINEBERG, KENNETH L. & RUTH .33 28 A 12 0005113 01 10 Y LINEBERG, KENNETH L. & RUTH .33 28 A 13 0005114 01 10 Y _ ANDERSON, ARTHUR LYNDALL & B 108.62 28 A 14 0005120 01 10 Y _ WHITACRE, ROBERT G. 3.00 28 A 14A 0005115 01 10 Y THE CAPON VALLEY BANK 3.19 28 A 14B 0005116 01 13 Y _ SPAID, PAMELA ANDERSON 3.32 28 A 14C 0005117 01 10 Y THE CAPON VALLEY BANK 3.11 28 A 14D 0005118 01 15 Y _ ANDERSON, ARTHUR LYNDALL & B 1.62 28 A 14E 0005119 01 10 Y ANDERSON, ARLAN IVON & MARY 1.24 28 A 15 0005121 01 15 Y _ ANDERSON, ARLAN I & MARY N 1.34 28 A 16 0005122 01 10 Y BRILL, CHARLES THRUSHIE JR 5.87 28 A 17 0005123 01 10 + Enter: Any Char=view Detail P=CFS F3 Cancel BZA REVIEW DATE: 11/20/01 VARIANCE #19-01 AUTUMN WOODS, L.L.C. _ LOT 18B LOCATION: This lot is located on the south end of Lynn Drive in the Autumn Glen Subdivision, Section I, Phase 2. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 75L -3-1-18B PROPERTY ZONING & USE: Zoned RP (Residential Performance) District; Land use - Residential ADJOINING PROPERTY ZONING & USE: Zoned RP (Residential Performance) District; Land use - Residential VARIANCE: The applicant is requesting a 1.5 -foot front yard setback variance for an attached garage. REASON FOR VARIANCE: Shallowness of lot. STAFF COMMENTS: The Residential Performance (RP) Zoning District specifies the setback requirements of lots for the duplex housing type within this subdivision. The required setbacks are as follows: 25' front, 25' rear, and 10' for the unattached side. The dwelling on this lot was recently completed and the required building permit setback report discovered that a portion of the house violates the front setback requirements. The dwelling is situated on a cul-de-sac lot at the end of Lynn Drive. The footing stakeout survey was properly completed on June 6, 2001 as illustrated in Exhibit "A". The "mid -construction survey" completed on September 11, 2001, reported the 1.5' front setback violation (see Exhibit "B"). Chapter 165-23.F(4) states that: "A mid -construction survey shall be prepared by the surveyor of record once the rough framing of the primary or accessory structure is in place. This survey was completed near the time that the certificate of occupancy was requested which does not meet the intent of the applicable section of the zoning ordinance. The variance is being sought to alleviate the setback violation. VAR #19-01,Autum Woods, L.L.C. Page 2 November 2, 2001 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. The undue hardship provision is not satisfied because of the following two reasons: 1) Financial loss (incurred by a construction modification) standing alone cannot establish hardship sufficient to j ustify the granting of a variance, and 2) All similar lots within this subdivision must comply with the RP Zoning District duplex lot regulations. A temporary certificate of occupancy permit has been issued for the dwelling. Since two of the criteria specified in § 15.2-2309 (2) have not been met, denial of this variance would be justified. O'\Agendas\BZA\Staff Report\2001\Autumn Woods, LLC.wpd �FcoRD 'yER/p�N OTHER LAND OF JASBO, INC. DB 634 PG 499 EXHIBIT "A" iwasmmmmmql 2, to 0 0� � 30 0 30 c ��NAGE N t SCALE: 1" = 30' V LOT 18A A 0.2155 AC o PROPOSED PROPOSED HOUSE �y HOUSE y i onr iron ,.c' RRL 0.; Ile LOT 19A TEMP ELEC77?/C ESMT. \ 1 20' DRAINAGE ESMT. 51'02'19" W 25.08' L YAW DR/VE .40' R/W NOTES: 1. THE LOT SHOWN HEREON IS BASED ON THE BOUNAARY UNE ADJUSTMENT PLAT SHOWING LOTS 1&4+B. AUTUMN GLEN, SECTION ONE, PHASE TWO, RECORDED AT INST. j 010007171 PROPOSED HOUSE LOCATION SKETCH LOTS 18A and 188 °FDI AUTUMN ©LEN SECTION ONE — PHASE TWO OPEQUON DISTRICT, FREDERICK COUNTY, VIRGINIA DARREN S. FOL SCALE: 1 " = 30' _ _ _ DATE. •_ JUNE 1, .2001 ... _ No. 002257 M. ■••••—• • 161 WINDY HILL I.ANE��. ••• _ v l A Engineers w CHWTLR, VA. 22602 Surveyors TELEPHONE: (640) 882-4186 FAM (640) 722-9628 w•.m.greenweyeng.00m 20175 SHEET 1 000: 1 /I CURVE RADIUS ARC CHORD BEARING CHORD j TANGENT j DELTA C 1 55.00' 3211 ' S 27'42'48" E 31.65' 16.52' 33'2644" C2 55.00' 34.69' S 62'30'13' £ J4.11' 17.94' 36'06'04" NOTES: 1. THE LOT SHOWN HEREON IS BASED ON THE BOUNAARY UNE ADJUSTMENT PLAT SHOWING LOTS 1&4+B. AUTUMN GLEN, SECTION ONE, PHASE TWO, RECORDED AT INST. j 010007171 PROPOSED HOUSE LOCATION SKETCH LOTS 18A and 188 °FDI AUTUMN ©LEN SECTION ONE — PHASE TWO OPEQUON DISTRICT, FREDERICK COUNTY, VIRGINIA DARREN S. FOL SCALE: 1 " = 30' _ _ _ DATE. •_ JUNE 1, .2001 ... _ No. 002257 M. ■••••—• • 161 WINDY HILL I.ANE��. ••• _ v l A Engineers w CHWTLR, VA. 22602 Surveyors TELEPHONE: (640) 882-4186 FAM (640) 722-9628 w•.m.greenweyeng.00m 20175 SHEET 1 000: 1 /I County of Frederick Winchester VA 22601 LIEN ACzPNT: Setback Report PERMIT NUMBER: USBC; APPLICATION DATE: ISSUANCE DATE: F04EWAL DATE: DATE: 0001119 -_'001 1996 6/12/2%j. 6/18/21001 ------------------------------------- ---.--------------------------------------------------------------------------.--.----.---- OWt+!ER NiNME/ADDRESS SITE ADDRESS CONTRACTOR NAME/ADDRESS AMB BUILDERS LLC OWER 178 I-mboden Drive Lynn Drive Winchester, Virginia 'x.603 Autumn Glen, Lot 188 00000 PHONE! 5405351698 ------------------------------------ DESCRIPTION OF CONSTRUCTION LOCATION TAX MAP NO.: 75L 3 1 18B LOT: 18B BLOCK: SECTION, BLS, NO.: ------------------------------------------------------------------------------------------------------------------------ SET-BACKS: HEALTH PERMIT NO.: DISTRICT: OPEQUON FROM: 25.2 BACK: ' 5.5 FLOODPLAIN: SUB -DIVISION: AUTUMN GLEN RIGHT: ATT. LEFT: 11' AREA: Fredericktowne ZL)NE: Residential Performance CMR : FRTGE: - RIGHT-OF-WAY: - S/E CUP NO.: SITE PLIC: ------------------------------------------------------------------------------------------------------------------------- DIRECTIONS TO SITE: Take Route 277 East, left on Aylor Road go to stop light and make a right into subdivision MASTER PLAN 14-00 Type 4 Map Book Page 261, Grid 0-2 ------------------------------------------------------------------------------------------------------------------------ USE GROUP: Use Group "R" Residential USE CDDE: Duplex SQ FEET: CNST.TYPE: New NATURE/WRK: -------------- Setback Report * MIN, SETBACK * FROM 25' * LEFT 10' * * * * * * * -------------------------------------------------.---------- BACK' * RIGHT 0' * * * ---------------------------------------------------------•-- JOB VALUE: ---------------------------------------------------------------------------' PERMIT FEE: I SURVEYOR Ii+FORMATION I I I NAME: ZAAO-A l S r04'7 -FRONT: zs,z' BACK: 25.5 � I I DATE OF SURVEY: pL/oI/o! RICHT: � LE T; p SEAT- I I i I I I I I I I I TOTAL FEES: I I----------------------------------------- -------------------- --I -------------------------------------------------------- --- --------- --� -_ - ____- ----- REQUIRED SIGNATURES EXHIBIT // OTHER LAND OF / JASBO, INC. IRS / DB 634 PG 499 / pRNAGE N // IRS155 ACRES . m LOr 18A # NOT Pr7t5w & FR44E HOUSE co � s' _ LOT 188 a 14az AQrdES `'• rt NOT POS1ID p' 8 FRAMOR l AYCK � 25 � 1 LOT 17B S /� � HP D AY a' Ny \ _ � X925\ � 1 LOT 19A \~�\ 00 mss_ C 1 /RS WATER UNE 7 75' EX ELECTRIC ESMT. \ �ID G� ESMT. 10'x20' INST. / 010002182 SEE MATE SKEET 2 \ �," S 51'02'19' W 25.08' 20' DRAINAGE ESMT. R-ss.Da' LYNN DRIVE SEE SHEET 2 FOR AWES, 30 0 30 LEMVD & HOUSE DETAIL GRAPHIC SCALE (IN FEET) CURVE DATA CURVE RADIUS ARC LENGTH CHORD BEARING CHORD LENGTH DELTA ANGLE Cl 55.00' 3211' S 274248" E 31.65' 33'2644" C2 55.00' 34.69' S 6230'13" E 34.11 ' 36708'04" HOUSE LOCATION SURVEY LOTS 184 and 18B SECTION ONE—PHASE TWO AUTUMN GLEN OPEQUON DISTRICT, FREDERICK COUNTY, l9RGINL4 SCALE: 1" = 30' DATE: SEPTEMBER 11 2001 GREENWAY ENGINEERING 151 WINDY HILL LANE Engineers WINCHESTER, VA. 22802 Surveyors TELEPHONE: (540) 882-4185 FAX: (540) 722-9528 mnded in 1971 www.greenwavenz.com Th Op l� DARREN S. FOLTZ No. 002257 SHEET CONCRETE PORCH N 11.3' LOT 18B 1 STORY BRICK & FRAME HOUSE C 221' CONCRETE PORCH LEGEND 77.7' LOT 18A 1 STORY BRICK & FRAME HOUSE 0 0 221 ' 22.7' HOUSE DETAIL IRS = IRON REHAR SET 7C = X CHISELED IN SIDEWALK CO = CLEAN OUT WM = WATER METER GM = GAS METER FHYD = FIRE HYDRANT HP = HEAT PUMP BRL = BUILDING RE57RIC77ON UNE 0 CONCRETE PORCH NOTES. 1. NO TM -E REPORT FURNISHED. EASEMENTS OTHER THAN SHOWN MAY EXIST. 2 THE BOUNDARY INFORMA77ON SHOWN HEREON HA.S BEEN PREPARED FROM AVAILABLE RECORDS AND IS NOT PURPORTED TO BE A BOUNDARY SURVEY OF THE TRACT, PARCEL, OR ANY POR77ON OF THE BOUNDARY LINES. J. CURRENT OWNER OF RECORD. AUTUMN WOODS L.L.C., RECORDED IN D.B. 919, PG. 1746. 4. 7HE PROPERTY SHOWN HEREON IS LOCATED ON FEMA F.I.R.M. COMMUNITY -PANEL NUMBER 510063 0200 B, ZONE C, DATED JULY 17, 1978. 5. PLAT SHOWING AUTUMN GLEN, SEC77ON ONE -PHASE TWO" RECORDED IN D . 976, PG. 1525 PLAT SHOWING BOUNDARY UNE ADJUSTMENT, LOTS 18A AND 186", RECORDED AT INST. f 010007171 6. TAX MAP REFERENCE 75L-3-1-184 AND 75L -3-1-18B. 7. EXISTING POWER EASEMENT TO BE VACATED UPON THE RELOCARON OF THE EXIS77NG OVERHEAD POWERLINES HOUSE LOCATION SURVEY LOTS 18A and 18B OP SECTION ONE -PHASE TWO o AUTUMN GLEN OPEQUON DISTRICT, FREDERICK COUNTY, WRGIN6A DARREN S. FOLTL No.002257 SCALE: 1" = 15' DATE: SEPTEMBER 11, 2001 VEERING GREENWAY ENG Y HILL :8 Engineers WINCHE=, VA. 22602 � 4 Surveyors TELEPHONE: (540) 682-4185 FAR- (540) 722-9528 2085 SHEET 2 OF 2 Founded in 1971 www.greenwayeng.com 1 FF: M FAX NO. Oct. 17 2001 04:10PM P2 Go$aty a7 F'r�at.;ri.Ck 5e:bact< !��•c.,, t 1 �1 .=r: rpt 5`•.$r liA APPLICATMCAFE; fz/'l:JX?03 Ic-UW E DAiF : REW WL DATE:: (-------•------••----------•-------- ...----i_ AW\`l':R 1`Cp'�j-(�tJi LtiJ�1 l _ `. r-..-__...._-___.-__- (VD tul:fi.�i�, L! C Lilhi frit it1R NAtE�/"ADf)RE- 178 Imboden Orive.R I:.ynrr t7rivc 6Jir.Chester, VitSinia '' i Autumn filen, Lat 188 OOM ----------------------- ------•--•------ --- --- >3 ` (Rl!rTlf�t IJF Ct c f1?LA: rim LU] A- T CN iAX IMP i2, 73_ a I t8t3 !.f1'f_: I�3_ BU',:it: 7Ti{:di:r FLOG Nt).: T F(-:KS; 4_.,Vfi PL•WU tC ; Fi�l;3dTr �"i. BE+C;k; 25.5 FUD01 'I.A;N SVfr-•11IYI5)ICN -- AUR1,04 a--N RILE: Arr, LL-Fr,; 11' AIWA: Fredoric4tnwne /�;?NL': P.cn i lential Rert'c;rnance f� 4 : t= f�'fc : r�IL it iJF'. A'r' ; Sly: alp i U. _.._....._---•--..-----�-__.------..__..___...._.__._____ Y 9G to .atG iRRMI'll(3f�L4 "TO SITE: -fatce R08t.k 2,('7 E st, Lei un A lcr Roan - light and make a right.inta s�divisil-n_ MAMER R-M 10-00 Type 4 Map Eaok Page 261, Grid C LIEC bill f: Une Group "R" RcsidenUal LEE C(T: 211ill PA---- ttr No; ItiA IlJfl',1RK Scatback Report MT,t!• SF:TEgci< RMI 2:;' • } $A x ti' + RI(34T 0 ` IQ # t ---•----------------------------------------------------..--- -•---•---- •------------ -----------.------ JOB. VF4j-E: ------------------ PERMIT FEE I SIma.L--`mRINFL1i�wiaN - � t i i NAIL: unKtcr S. FoLl Z 1 mfr: 23.S aux K: Z 5.14 i { UATE O SURWY: Opt`Ii/Ot RIL44T: NSA LD77: 1I-O� { I � i I I I f L T&k_ FFS • RFa�IiTFiL1lIt17I1RES - F: § 165-23 FREDERICK COUNTY CODE § 165-23 (3) Porches and related features. Balconies, porches, stoops, decks, bay windows, steps and stairways which comprise less than 1/3 of the length of the wall of the primary structure may extend three feet into a required setback yard. In no case shall such features be closer than five feet to a lot line. (4) Retail petroleum pumps. Retail petroleum pumps and canopy supports shall be located at least 20 feet from any road right-of- way boundary. The canopies covering the petroleum pumps shall be no closer than five feet to any road right-of-way. (5) Decks which are attached to townhouses and weak -link townhouses may be constructed to the full width of the dwelling unit and may extend 15 feet into a perimeter setback area or the active portion of a required buffer area, provided that the decks are not enclosed or covered and the deck floor is not constructed higher than the finished floor elevation of the primary entrance to the dwelling unit. [Added 8-9-19951 (6) Storage sheds which are attached to townhouses and weak -link townhouses that can only be accessed through an outer entrance and do not exceed 1/4 the width of the dwelling unit may extend - 10 feet into a perimeter setback area or the active portion of a required buffer area. [Added"8-9-19951 (7) Protective entrance canopies. Protective entrance canopies and support columns which are attached to the primary structure may extend into the front yard setback areas for the following uses: funeral homes, schools, churches, day-care facilities and libraries. The purpose of such canopies is to provide protection to patrons from the elements of weather as the patron enters or exits the structure:- In. no case shall the canopy or its structure be located closer than 20 feet from a road right-of-way boundary. [Added 4=12-19991 G. Fences, freestanding walls and berms shall be exempt from the setback requirements. [Amended 6-9-19931 H. [Added 4-24-199611 Structural location survey requirements. The following survey requirements shall be complete for applicable primary and accessory structures within all zoning districts as described: 1 Editor's Note: This ordinance also provided that. it shall take effect July 1, 1996. 16528 5-10-99 § 165-23 ZONING § 165-24 (1) A surveyor licensed in the Commonwealth, of Virginia shall establish the location of anv primary structure that is located five feet or less from any minimum setback requirement. (2) A surveyor licensed in the Commonwealth of Virginia shall establish the location of any accessory structure occupying an area of 500 square feet or greater that is located five feet or less from any minimum setback requirement. (3) Information verifying the footing location stakeout shall be provided on the appropriate building permit setback report prior to the approval of the footing for the primary or accessory structure. The surveyor of record shall complete the required information on the building permit setback report and affix his or her professional seal containing the appropriate signature and date. The building permit setback report containing the required footing location stakeout surveyor information shall be posted on the construction site with the building permit hard card at the time of the footing inspection. 7 (4) A midconstruction survey shall be prepared by the surveyor of record once the rough framing of the primary or accessory structure is in place. Rough framing shall include the foundation, all exterior walls and the roof system. The surveyor of record shall complete the required information on the building permit setback report and affix his or her professional seal containing the appropriate signature and date. The building permit setback report containing the required midconstruction surveyor information shall be provided to the Department of Engineering and Inspections prior to the issuance of a certificate of occupancy permit by the Building Official. - -_ § 165-24. Height limitations; exceptions. [Amended 4-10-19911 A. No structure shall exceed the height limitations described in this chapter. B. Exceptions to height requirements. (1) The maximum height requirements shall not apply to the following: (a) Barns and silos. 16528.1 5-10-99 Page 1 of s APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA AU U BE TYPED OR FILLED OUT IN INK — PL Aria PRINT 1. The applicant is the owner_ other (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: Ao-ry fAt f Woo Ds U -C-- NAME: ADDRESS D 8ox L oo -1 ADDRESS: ty ► �X-�f �ST�C1? �I �r ZZ.� p4 TELEPHONE: TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): _SOLM2 £NJD nrLY�1tiJ l7 (�'F -LDT 1,0 U 4. The property has a road frontage of 34, feet and a depth of —I D Q feet and consists of 0.14.p Z acres. (please be exact) 5. The property is owned by Au-; UHN UAdO S LLC as evidenced by deed from J &5,!9p I ?.�C, recorded (previous owner) in deed book no .on page �L�-(o 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: CPE UoIJ 7. 14 -Digit Property Identification No.: -76L-- 3-1- 1&5 8. The existing zoning of the.property is:�� 9. The existing use of the property is: 'RE5 [ D4EO t A L- 10. Adjoining Property: USE ZONA North 1A LJA East RejOCA— T1A(– South A _ West EfS t DCPA L- 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.") 1.5 iFi�oLrj YA -D VAetAOCC FO (?- ►Q ATTACc-� GAR66e, 12. List specific reason(s) why the variance is being sought in terms of: exceptional narrowness, shallowness, size or shape cf 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 ppo3of5 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 cJMA J LOOO DS L,G Address RD PAX 400-7 PropertyM# NAME I`i �.JDa1�5 (..LAG Address ? o, 0�7 Property ID# '7 UJ I iV GNES7"'�2, /LJ4 z Zf,- o¢ NAMEASS a JG Address 112 E_ PIC DIrj 5T. 1rtJ I �1Ct-},I✓STEI?, Property ID# l D� \fA Z Zia l NAME Property ID# NAME Property ID# NAME Property M# NAME Property ID# NAME Property ID# NAME Property ID# NAME Property ID# Address Address Address Address Address Address Address pep S of 5 AGREEMENT VARIANCE #%Ii, 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 s I hereby certify that all of the statements and information contained herein are, to the best of my knowledge, true. SIGNATURE OF APPLICANT DATE C7 4% SIGNATURE OF OWNER (if other than applicant) . BZA PUBLIC HEARING OF -OFFICE USE ONLY- DATE - APPROVAL SIGNED: DENIAL DATE: DATE ACTION: • • C� BZA REVIEW DATE: 11/20/01 VARIANCE #20-01 EDGAR L. HEISHIVIAN, JR. LOCATION: This property is located at 219 Bentley Avenue in the Chapel Hill Subdivision. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 64D-7-34 PROPERTY ZONING & USE: Zoned RP (Residential Performance) District; Land use - Residential ADJOINING PROPERTY ZONING & USE: Zoned RP (Residential Performance) District; Land use - Residential and Open Space VARIANCE: The applicant is requesting a 14 -foot rear yard setback variance for an attached screened -in porch. REASON FOR VARIANCE: Exceptional shallowness of lot. STAFF COMMENTS: The property owner/applicant is proposing an addition to the rear of the existing dwelling. The proposed addition will extend to within 11' of the rear property line. The Residential Performance (RP) Zoning District specifies the setback requirements for lots created within this subdivision. The setback requirements are: 35' front, 25' rear, and 10' for the sides. The applicant is requesting a 14' rear yard variance to enable the proposed construction. The applicant's property is adjoined on the north (Lot 32) and east (Lot 33) sides by residential lots with existing dwellings. The applicant's property is adjoined on the west side by area designated as open space. 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 Variance 920-01, Edgar L. Heishman, Jr. Page 2 November 5, 2001 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. The undue hardship provision is not satisfied because the inability to construct an addition to an existing home does not constitute an undue hardship. The second requirement is also not met because all lots within this subdivision must comply with the applicable RP Zoning District setbacks. Since two of the criteria outlined under Virginia Code § 15.2-2309(2) have not been met, denial of this variance would be justified. 0 \Agendas\BZA\Staff Report\2001\Edgar L. Heishman.wpd I CHAPEL HILL HOMEOWNERS ` ASSOC INCA N 64D 7 34A P,,` ^ ,1 v � co ci °j � CHAPEL HILL HOMEOWNERS ' ASSOC INC 64D 7 34A l ! I{ III{ p 1t {I t aF Vv t 1 I i 'l I lil 1 i/ I{� p urn sao 7 34 t 1. `M 111 ,,1t11111'1 IIIb 111 7 � � l:- 1'14 nul n n Ilcii— - I I17 �ir.1 1 I VAR #20 - 01 Location Map For: Edgar L. Heishman, Jr. PIN: 64D - 7 - 34 Dept. of Planning and Development, . al, Page 1 of s APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA RECEIVED OCT 1 9 2001 rDT OF P1ANNING/0FVFL0PMFN1' 1. The applicant is the owner `✓ other . (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME:eC6AR L. HOSHAAni J10, ADDRESSj,[q &JTLC-j f�VC L1 A/4*0Tr E2 Vr4 ��•Go � - �4�6 NAME: ADDRESS: TELEPHONE: 5"40 -(47— $ 3 4 9- TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): MkLES 5puTh mN V al Fite ft MiL,LLJDa�,> AVg5 i`?I!Lil LE -Pr og 61W. --L /4/LL- 7W S� $ lirv�5ro�✓ 4. The property has a road frontage of g5, 4 feet and a depth of LAA. 3 _feet and consists of ,.t„7 _ acres. (please be exact) 1;k(000 5y, r 5. The property is owned by g�,¢p 1, � 'DOAdTHY T, PEl sl�M V as evidenced by deed fromp,�Na_ rerecorded (previo s owher) in deed book no. (o % on page Q z�:�, g of the deed books of the Clerk of the Court for Frederick County. Attach. a copy of the deed. i Page 2 of 5 6. Magisterial District: 7. 14 -Digit Property Identification No.: L49000rt O000 3+o 8. The existing zoning of the.property is: R i 9. The existing use of the property is: i7 W CLU MC7 10. Adjoining Property: USE ZONING North W tFai N C, East W C- it-, N G South wl LLA N West COMMOM 66-6 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.") Iql 1-20 I-r0�1 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 RECEIVED EXC -n o1VA L S/ -t,4 Z Lc, cl n/F 5-5 —OT OP PLANNINGIOFVFLOPMFNl- 13. Additional comments, if any, /Cir.t(i: diel,; �X-G� fJ L.t'i �/1 Ckc_� lL� KGS `tel: rx=tai C>.;c 4c.��1Cc% c %C Iit<':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: NAMEv N g .fie ate' 13f1L i ,vicp- E Address Uz Property >n# [nf /A) 4W6" s 7-n< VA aaC�o2 NAMEDAV�1J �V!� /-4��17 Address_ %D/ Sf/G3�/7u►2i Property ID# o %''--' 3 3 W 1 NG,VI'S 1 �/� VA 2, NAME I -O M IC44 5GL i!=5 r Address_] 0 3 Sh1&1-6 V Cp u k I - Property ID# Lo -r "1" 3 D, �&-1 f u 6 7r-2 V � as (C' o'), NAME -e i�/GnAddrespTSEij / liE Property ID# /. D l # J V4 NAME d IJ M 6 E, Z Address /I F'R'oruT R V ,4 L- A kE Property ID# I Al ( Al C4497� 7=1? VA - a. -)Zo a, NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# I I �`1rO124.48" E I 86.33 I ! nor 34 I I .v 5Q. FT. I IRS SANITARY IRS o I IW I I I WER EASEMENT 0 SMH 4673111" W 85.84' BENTLEY AVENUE 50° K/W IRS ±94' TO IIATX. SHELBY COURT E CONIC. ,. RL I -- I PATIO 15,9' " ' M- 1 C-1 38.0 '._ PVC, S TOR Y BRICK & FRAME C�' Lo DWE1.1114G <Li #21.9' 9.8 to ;. '" K) 21.8' rn 16.0' ►� 16.1' '_ I PORCH GRAVEL elf eI I r DRIVEWAY I ✓:'^ LJ L �T I �_� .;,: � � I f I CD Zi I I35' BRL SANITARY IRS o I IW I I I WER EASEMENT 0 SMH 4673111" W 85.84' BENTLEY AVENUE 50° K/W IRS ±94' TO IIATX. SHELBY COURT E CHAPEL -HILL UakCrest Builders Inc. 2055 Valley Avenue Winchester, VA 22601 540-7224100 fax 540-662-8825 f V i S (S 5 A16LES 5IDIwC TRIM EL ATION LOUVER y A) )f r rasses YO Nana 4'(5 r Page 5 of 5 AGREEMENT VARIANCE # O— O j 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 L��_,ivDATEW-10&6e_ j q 10 D j /0//?/0 / d SIGNATURE OF OWNER (if other than applicant) BZA PUBLIC HEARING OF DATE -OFFICE USE ONLY- - DATE - APPROVAL SIGNED: DENIAL DATE: ACTION: BZA C IAIRMAN To Whom It May Concern: At it's meeting on August 2, 2001, the Chapel Hill Homeowners Association approved the request of Edgar L. and Dorothy T. Heishman for a 14 foot variance to add a porch to the rear of their existing home at 219 Bentley Avenue, Winchester, VA 22602. -� pa,Y-Jl-j (Iv President MARET, RTUI, T-Tr)MFr)TTWRS ASSnCTATTrQ)N Winchester, Virginia 22602 October 31. 7001 At a meeting of the Chapel_ Pill Homeowners Associatim— held Atignst 2, 200 at the Holiday Tnri- T%Ttnchester. Virginia. PA -p -p -r and Dorothy Wshman asked permission of the Association to request of Frpderj.ck County a 14' variance to build a screened --in porch on On back of their house- at 2,19 Bentlev Avenue. After discussion, it was moved, seconded and a*DrOVMd by the Association for the HAishmans to pursue their efforts with -L Frederick County. Resnoctf"My submitted, 'spe .-� Secretary 21.1. Bentley Aventip Chapel Hill Winchester. Vi-rc,,i-n.ia 22,602 October 31, 21001 TO TMOM TT MAY (()N('FRN: RE: 'RFOTTP,,qT FOR 14' 1WRTANCE TO BTJTTD A I;rP.,-P,,FJ\-TF,-D,--T.N PORCU ON BA.(,",K F JF SWAN OF T ,)F jjOTT,13E AT 219 BP,.NTT,-Y ffiTENTE. 13Y FOGAR AND MROTW- As'neighbors. we O.o not op.iect to the granting of this variance. Robert E. S'homo 28 Menteey ,-Auenue CWI,ndester, UIQ 22602 Cctalrer 29, 2001 90am it may W ancern. ,qririn and Oarerara Oaetimore uraued eke to yo an record to d ow our support far r. 6 A&s. 6dyar %is4man 's re9uest far a fourteen¢,11foot Parlance. _a &ied a screened parol in tie rear of deir piame at 219 genteel Avenue, ,�Peease let us know if we can ere of anyfurther assistance. c� cerel�, Bruin 6 garlrara Madimare October 29, 2001 To Whom It May Concern: We are writing this letter to confirm our approval and support for Mr. & Mrs. Edgar Heishman's request for a 14 foot variance to build a screened porch on the rear of their home located at 219 Bentley Ave_ I would like this to go on record in the county as our approval and support. David & Antinea Holland 101 Shelby Court Chapel Hill Subdivision 'vac and (:>Wichele Zast 103 Qbhclbp Dourt CMinchester, C iryinia 5R0722262A October- 30, 2001 (E7o Ct'lrom �t G�fap C�oncenz CWC fflQuld like it to be knewn that &oe and aWichele west support a r- and C 4 rs C--,TCeishmans reyuestf r a 11faet variance to build a-scmemd parch m the rear ftheir home x1219 C entp Arenue- As one fthe &Cafhmans bordamy neighbors we mould welcome anp impro-mments made to enhance their propar v V nk you f r paur attention reyardiny this matter C�binccrelp, J 1jae most and ast October 29, 2001 To: Frederick County Board of Zoning Appeals From: M Dianne Frye I would like to go on record as supporting Mr. and Mrs. Edgar Heishman's request for a 14 ft. variance to build a screened porch on the rear of their home at 219 Bentley Avenue, Winchester, Virginia. M. Dianne Frye 214 Bentley Avenue Winchester, Va., 22602 October 29, 2001 To: Frederick County Board of Zoning Appeals From: Robert L. Frye I would like to go on record as supporting Mr. and Mrs. Edgar Heishman's request for a 14 ft. variance to build a screened porch on the rear of their home at 219 Bentley Avenue, Winchester, Virginia. Robert L. Frye 214 Bentley Avenue Winchester, Va., 22602