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BZA 11-20-07 Meeting AgendaAGENDA FREDERICK COUNT' BOARD OF ZONING APPEALS The Board Room Frederick County Administration Building 107 N. Kent Street Winchester, Virginia November 20, 2007 3:25 p.m. CALL TO ORDER 1) Determination of a Quorum 2) Minutes of October 16, 2007 PUBLIC HEARING 3) Appeal Application 1124-07 of Pearl Underwood, to appeal the determination of the Zoning Administrator in the administration of the Frederick County Zoning Ordinance pertaining to Section 165-25(B), Lot Requirements. The subject property is located at 521 Marple Road (Route 654), .08 miles from Route 522 North, and is identified with Property Identification Number 51-A-117 in the Gainesboro Magisterial District. 4) Other FILE COPY 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 October 16, 2007. PRESENT: Theresa Catlett, Chairman, Opequon District; Robert Perry, Vice Chairman, Stonewall District; Dwight Shenk, Gainesboro District; Kevin Scott, Shawnee District; Jay Givens, Back Creek District; and, Robert W. Wells, Member -At -Large. ABSENT: Eric Lowman, Red Bud District. STAFF PRESENT: Mark R. Cheran, Zoning and Subdivision Administrator; Lauren Krempa, Planner I; Amber Powers, Planning Technician; and, Bev Dellinger, BZA Secretary. CALL TO ORDER Vice Chairman Perry advised that there will be a five minute delay in starting the meeting as the Chairman is on her way and there isn't a quorum until she gets here. The meeting was called to order by Chairman Catlett at 3:30 p.m. On a motion by Mr. Shenk and seconded by Mr. Wells, the minutes for the September 18, 2007, meeting were unanimously approved as presented. The cut-off date for the November meeting is Friday, October 19, 2007. Mr. Cheran stated that as of now, there is one appeal to be heard in November. PUBLIC HEARIN Variance Request #13-07 of Richard Lineburg for a 14 foot rear yard variance, resulting in a rear yard setback of 11 feet, for the construction of a wooden deck. This property is located on Purcell Lane (Route 721), and is identified by Property Identification Number 53A -A-111 in the Stonewall Magisterial District. ACTION — VARIANCE APPROVED Mr. Cheran stated that this application was postponed from the meeting of August 21, 2007 at the applicant's request and the September 18, 2007 meeting due to ownership issues. Mr. Cheran further stated that the Frederick County Building Department received a complaint on May 29, 2007, reporting a deck built on this property. The deck was failed because a building permit was not applied for. The builder applied for a building permit for a deck on July 7, 2007, but was not issued the permit due to a rear setback violation. The single family dwelling was built prior to the deck being built. Minutc, look Pa1494 FrV erick Count �oa d Qf Zoning Appeals Minutes of Ucto er 1 �, A The builder applied for a building permit (#2097) for a single family dwelling with no deck on the permit on property that is zoned RP (Residential Performance). The minimum setbacks in this zoning district are 35 feet to the front, 10 feet to the rear and 25 feet on both sides. The builder's permit had building setbacks of 38 feet to the front, 10.5 feet on the sides and 26 feet to the rear. The builder was required to submit a house location survey, as required by the zoning ordinance, for any primary structure located five feet or less from any minimum setbacks. The setback survey placed the dwelling at 25.3 feet to the rear, which is within the limits. The builder has sold this property to Richard Lineberg and Mr. Lineberg is now applying for a 14 foot variance that, if approved, will result in a rear setback of 11 feet, to allow for this deck. The Code of Virginia 15.2-2309(2), states that no variance shall be granted unless the application can meet the following requirements: 1) The strict application of the Ordinance will produce an undue hardship. 2) The hardship is not generally shared by the properties in the same zoning district and vicinity. 3) That the authorization of such variance will not be a substantial detriment to the adjacent property and the character of the district will not be changed by the variance. Mr. Cheran further stated that this application for a variance does not meet the requirements as set forth by the above Code and the Frederick County Zoning Ordinance, and staff would recommend denial of this application. The strict application of the Frederick County Zoning Ordinance does not produce an undue hardship and the violation of the setback requirements was self-inflicted by the builder, as the deck was constructed without a building permit. The builder, Mr. Jim Gibson, identified himself as representing Mr. Richard Lineberg in this matter. Mr. Gibson stated that a variance was granted last month for the property adjacent to this property. Mr. Gibson asks that the variance be granted in this case like it was last month in the prior request. Mr. Gibson offered his apologies for what has happened. He was on vacation for 24 days and his guys went out there and did it and Mr. Gibson is responsible for them. There were no public comments. Discussion Chairman Catlett stated that, unfortunately, she was not here last month so she wasn't part of the discussion that took place at that time. Chairman Catlett feels this request needs to be discussed as far as this Board is required to determine whether it's a hardship if the request is not granted and whether the property can be used for residential property without the request. Mr. Givens noted that he also was not here last month. In general, Mr. Givens agrees with the staff that the problem was self-inflicted, and he feels had he been here last month, he would have probably voted against granting the variance. However, this Board has voted to give the variance on the other lot and Mr. Givens feels that with this being a new owner, he bought this property in good faith, and denial of this variance would be a hardship to this owner that was not of his own making. In light of what the Board did last month, he feels there is justification that would be reason to grant the variance for this property. mpt" t o k Page 1495 mutes orAu og Bo d2o0f07�oning Appeals Chairman Catlett stated that she feels it needs to be pointed out that the State of Virginia does say that any action that this Board takes does not set a precedent for future actions. While Chairman Catlett understands Mr. Givens' comments, each request is to be considered on its own merits. Mr. Perry stated that this is clearly another case of "oops", I made a mistake and coming before this Board to get it corrected. Mr. Perry has looked through all of our requirements, Code of Virginia and everything that he's been told about the BZA, and he cannot find anyplace, anywhere, anything that says that we are empowered to create somebody's mistake. Based on that, Mr. Perry made a motion to deny this request. Mr. Perry's motion died for lack of a second. Mr. Shenk made a motion to approve #13-07. Mr. Wells seconded the motion and it passed by a majority vote, with Mr. Perry and Chairman Catlett voting no. Chairman Catlett stated that she will have to abstain from voting on the next six applications submitted by Bobcat Builders due to a possible conflict of interest. PUBLIC HEARING Variance Request #17-07 of Thomas Forrester, submitted by Bobcat Builders, LLC, for a 16 foot side yard variance, resulting in a side yard setback of 34 feet on both sides. This property is located in the Shawneeland Subdivision, Section 30, Lot 20, and is identified by Property Identification Number 69A-1-30-20 in the Back Creek Magisterial District. ACTION — VARIANCE APPROVED For clarification, Mr. Cheran stated that the staff reports for the next six variance requests are basically the same, but we do have to handle them one by one. They're all located in Shawneeland Subdivision in Duck Run, not in Shawneeland. Shawneeland is zoned R5 and Shawneeland Subdivision is zoned RA. Mr. Cheran presented the staff report. This area was zoned A2 when Frederick County adopted zoning in 1967 and setbacks at that time were 35 feet for the fronts, 15 feet on the sides, and no rear yard setback. Frederick County amended the zoning ordinance in 1989, changing A2 to the RA zoning district; the Board of Supervisors again amended its setbacks for the RA zoning district on February 28, 2007, making the current setbacks 60 feet to the front, 100 feet to the rear and 50 feet on both sides. Based on the size of this property and the large setbacks associated with the RA zoning district, the applicant is requesting a 16 foot side yard variance on both sides. Should the variance be granted, it would result in a 34 foot side setback on both sides. It appears that this variance meets the intent of the Code of Virginia, Section 15.2-2309(2). This request from the current RA setbacks may be justified. Ms. Brandon Jones of Bobcat Builders identified herself as representing Mr. Forrester. Ms. Jones did not have anything to add to Mr. Cheran's comments. There were no public comments. pMinut� o k Page 1496 Min tes, rgcto Boa d c��7oning Appeals Discussion Mr. Givens made a motion to approve Variance Request #17-07. Mr. Scott seconded the motion and it passed by unanimous vote, with Chairman Catlett abstaining. PUBLIC HEARING Variance Request #18-07 of Jimmie Campbell, submitted by Bobcat Builders, LLC, for a 16 foot right side yard variance and a 26 foot left side yard variance, resulting in a side yard setback of 34 feet on both sides. This property is located in the Shawneeland Subdivision, Section 32, Lot 100, and is identified by Property Identification Number 69A-1-32-100 in the Back Creek Magisterial District. ACTION — VARIANCE APPROVED Mr. Cheran stated this variance request is on a corner lot, and corner lots have two fronts. The applicant is requesting a 16 foot right side yard variance and a 26 foot left side yard variance, resulting in a 34 foot setback on both sides for the construction of a 3206 single family dwelling. This request does meet the Code of Virginia Section 15.2-2309(2) and it would be justified to grant this variance request. Ms. Brandon Jones had no additional comments. There were no public comments. Discussion Mr. Scott made a motion to approve Variance Request #18-07. Mr. Shenk seconded the motion and it passed by unanimous vote, with Chairman Catlett abstaining. PUBLIC HEARING Variance Request #19-07 of Clarence Paradis, submitted by Bobcat Builders, LLC, for a 16 foot side yard variance, resulting in a side yard setback of 34 feet on both sides. This property is located in the Shawneeland Subdivision, Section 32, Lot 84, and is identified by Property Identification Number 69A-1-32-84 in the Back Creek Magisterial District. ACTION — VARIANCE APPROVED Mr. Cheran reiterated that this property is located in the Shawneeland Subdivision. The variance requested is a 16 foot side yard variance resulting in a side yard setback of 34 feet on both sides for the construction of a 32x26 single family dwelling. The RA setbacks that are applied result in a small buildable area. This variance request does meet the Code of Virginia, Section 15.2-2309(2); a request from the current RA setbacks may be justified. Ms. Brandon Jones had no additional comments. MinuteBBook Page Wderick Mun% Boa d of Zoning Appeals mutes o cto er 1 , 2007 1497 There were no public comments. Discussion Mr. Shenk made a motion to approve Variance Request 419-07. Mr. Givens seconded the motion and it passed unanimously, with Chairman Catlett abstaining. Variance Request #20-07 of Jerome Schams, submitted by Bobcat Builders, LLC, for a 16 foot side yard variance, resulting in a side yard setback of 34 feet on both sides. This property is located in the Shawneeland Subdivision, Section 32, Lot 28, and is identified by Property Identification Number 69A-1-32-28 in the Back Creek Magisterial District. ACTION — VARIANCE APPROVED Ms. Krempa presented the staff report. The property is located in Duck Run, Shawneeland Subdivision. The variance request is for a 16 foot side yard variance, resulting in a side yard setback of 34 feet on both sides, for the construction of a 32x26 single family dwelling. Staff feels that this variance request is justified. Ms. Brandon Jones had no additional comments. There were no public comments. Discussion Mr. Givens made a motion to approve Variance Request #20-07. Mr. Scott seconded the motion and it passed by unanimous vote, with Chairman Catlett abstaining. PUBLIC HEARING Variance Request #21-07 of Helena Weaver, submitted by Bobcat Builders, LLC, for a 16 foot side yard variance on the left side and a 26 foot side yard variance on the right side resulting in a side yard setback of 34 feet on both sides. This property is located in the Shawneeland Subdivision, Section 32, Lot 61, and is identified by Property Identification Number 69A-1-32-61 at the intersection of Bellwort and Cat Brier Trails, in the Back Creek Magisterial District. ACTION — VARIANCE APPROVED Ms. Krempa stated the applicant is requesting a 16 foot left side yard variance and a 26 foot right side yard variance, resulting in a 34 foot side yard setback on both sides for the construction of a single family dwelling. This is also on a corner lot and the property is located in the Shawneeland Subdivision. Ms. Brandon Jones had no additional comments. FMinut5 l rAunt Page 1498 inutes o9 Br lad c�f ing Appeals OTHER Mr. Perry requested that on future sketch plans for proposed setback variances, he would like to have the front, rear, left and right delineated. Mr. Cheran responded he will see to that. vote. As there were no other items to be discussed, the meeting adjourned at 4:10 p.m. by unanimous Respectfully submitted, Theresa Catlett, Chairman Bev Dellinger, Secretary indut,o k Page 1501 mutes o gc t Bo ad, c f,0�oning Appeals APPEAL APPLICATION #24-07 PEARL UNDERWOOD q x Staff Report for the Board of Zoning Appeals Prepared: November 6, 2007 N Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning ,staff to provide information to the Board of Zoning Appeals to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. BOARD OF ZONING APPEALS HEARING DATE: November 20, 2007 - Pending LOCATION: The subject property is located at 521 Marple Road (Route 654), .08 miles from Route 522 north. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER(S): 41-A-117 PROPERTY ZONING & USE: Zoning: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) East: RA (Rural Areas) South: RA (Rural Areas) West: RA (Rural Areas) Land Use: Residential Land Use: Residential Land Use: Residential Land Use: Residential APPEAL: To appeal the determination of the Zoning Administrator in the administration of the Frederick County Zoning Ordinance, Section 165-25(B), Lot Requirements. REASON FOR APPEAL: Applicant is appealing the decision of the Zoning Administrator as to the number of dwellings on a lot. Appeal Application #24-07, Pearl Underwood November 6, 2007 Page 2 STAFF COMMENTS: The applicant was cited on September 17, 2007, by Frederick County for having two (2) dwellings located on the property at 521 Marple Road; this property had an existing dwelling prior to May of 2004. The applicant applied for a building permit (# 853-2004) to construct a new dwelling on this property, and for a change of use permit (#858-2004) for the existing dwelling by removing the kitchen so the structure could be used for storage. The Frederick County Zoning Administrator signed both permits on May 5, 2004, and noted on permit #868-2004 to confirm that the kitchen is removed. Acceptance of these permits acknowledged that the change in use of the existing dwelling to a storage building was necessary in order to construct the new dwelling. No new dwelling should have been occupied before the change of use condition was met, essentially changing the pre-existing dwelling to a storage building. The Frederick County Inspections Department on November 7, 2005, had a follow-up inspection of the property to confirm that the kitchen was removed from the pre-existing dwelling. No one was at home to enable the inspection to occur, and the applicant did not schedule any other follow-up inspections. The property owner failed to comply with the original issuance of the building permit by not removing the kitchen from the pre-existing dwelling, and changing the structure's use from a dwelling to a storage building. Section 165-25 (B) of the Frederick County Zoning Ordinance states, except where specifically allowed, no more than one dwelling shall be allowed on a iot. A separate entrance, together with separate equipment, including a sink, stove, or other kitchen or sanitary facilities, shall be prima facie evidence that separate occupancy exists and that a separate dwelling exists. The Zoning Administrator issued building permit approval for the new dwelling, contingent upon removing the pre-existing dwelling from the property. The prima facie evidence has been established by the fact that the Zoning Administrator required confirmation that the kitchen was to be removed for the change of use permit and this has not happened. Therefore, the property is currently in violation of the Frederick County Zoning Ordinance. STAFF CONCLUSIONS FOR THE NOVEMBER 20, 2007 MEETING: Staff is requesting to affirm the determination of the Zoning Administrator in the administration of the Frederick County Zoning Ordinance, Section 165-25(B), regarding the number of dwellings on a lot. � U t d � � E T"2 a Up W O � L _ J J I f ' t _ z c c a 1. n g,6 t 1 C CL r 1. i 1 « t 7 - i + U OL � ,� � � IL .r ��4 K' � I 'gid � Ca .•� O I aC3i•- ^ � ,-♦Zi ^� L L i ¢ ,-j Z C Y l 3 W CL C m / m O a C d `. 42 A 54D WAYNE_ KEITH & MELISSA GAY 41 A 1181) FAUVER FAUVER WAYNE KEITH A 118C 41 FAUVER WAYNE KEITH W J -u LLJ I< vz Y V' w y i v 6j Cd i � C `.. = 41 A 111 JOHN E 111 T u, SHELLY Oa N Q -_...._ Q N d � w Q000 �� c - i O f c c c LU o O p v ¢ uj �� <v w ui Q N f UJLLJ _ J _ Q 2 S1 W V' Q Z Z N 6 j � J 4 CERTIFIED MAIL September 17, 2007 Pearl Underwood 521 Marple Road Winchester, VA 22603 COUNTY of FREDERICK Department of Planning and Development RE: 521 Marple Road; Zoning District: RA (Rural Areas) Property Identification Number (PIN): 41-A-117 Dear Ms. Underwood: 540/665-5651 FAX: S40/66S-639S On September 12, 2007, I visited the above -referenced property in response to a complaint regarding the presence of two dwellings on your property. My inspection of the site revealed the presence of two houses on the property. In accordance with Section 165-25B of the Frederick County Zoning Ordinance, except where specifically allowed, no more than one dwelling shall be allowed on a lot. A separate entrance, together with separate equipment, including a sink, stove, or other kitchen or sanitary facilities, shall be prima facie evidence that separate occupancy exists and that a separate dwelling exists. Specifically, this violation may be resolved by removing one of the existing dwellings from the property. This office will allow thirty (30) days from receipt of this letter to resolve this violation. Failure to comply with the Zoning Ordinance within that designated period could result in a criminal complaint being filed against you. You may have the right to appeal the above notice of violation within 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 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 XXI, Section 165-155A(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 $300.00 filing fee ($250.00 filing fee and a $50.00 refundable sign deposit). Once the appeal application is accepted, it will be scheduled for public hearing and a decision before the BZA. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Page 2 Ms. Pearl Underwood Re: 521 Marple Road September 17, 2007 Please do not hesitate to contact me with any questions you may have at (540) 665-5651. Since ely, Dana M. Johnston Zoning Inspector DMJ/dlw cc: John Trenary, Building Official Mark Cheran, Zoning Administrator Counntty/Gf Frederick PERMIT NUMBER:~ -;0000868 - 2004 n�i Chester VA 22601 USBC: 2000 INSPECTION DATE: 1/09/2007 INSPECTION TIME: �? WNER NAME/ADDRESS SITE ADDRESS CONTRACTOR NAME/ADRESS UNDERWOOD, PEARL Nichols, Jim Const. Co_ 521 Marple Road 619 East Main Street 111-2 TIMBERLAKE TER 00000 Berryville, VA 22611 STEPHENS CITY, VA 22655 PHONE: 540-869-6655 PHONE: 540 955 4743 RE ACCOUNT#: DESCRIPTION OF CONSTRUCTION LOCATION TAX MAP NO.: 41 A 117 SECTION: BLOCK: LOT: BLDG NO.: - ------------------------------------------------------------------------------------------------- SET -BACKS: HEALTH PERMIT NO.: DISTRICT: GAINESBORO FRONT: BACK: FLOODPLAIN: SUB -DIVISION: RIGHT: LEFT: AREA: Round Hill ZONE: Rural Areas CNTR : FRTGE: RIGHT-OF-WAY: GREEN CARD: S/E CUP NO.: SITE PLAN: DIRECTIONS TO SITE: Rt. 522N, 1 mile and a half, at Crossroad Grocery, make a left onto Marple Rd. which is Rt_ 654, go 8/10 of a mile, lot will be on the left, will be a construction sign there. Map Book 123 D-4 NATURE OF WORK: change of use USE GROUP: Use Group "R" Residential USE CODE: Change of Use/Res CONST. TYPE: Remodeling SQ FEET: ------------------------------------------------------------------------------------------------------------------------ ISS.DATE: 5/10/2004 RENEWAL DATE: BUILDING PERMIT CONTRACTOR: NICHOLS, JIM CONST. CO. 'LDG. SIZE # STORIES # BEDROOMS # BATHROO SMT SQ FT TOTAL # RM * * * * * * * NOTE CHANGE OF USE -CHANGING NOTE HOUSE TO STORAGE BUILDING NOTE NOTE NOTE ------------------------------------------------------------------------------------------------------------------------ NOTES TO INSPECTOR: ANONYMOUS CALLER ACCOUNT # 7647 TAX MAP #41 A 117 CHANGING STORAGE BUILDING BACK TO A HOUSE WITH NO PERMTTS!!�� _CONFIRM-�KITCHEN�HAS BEEN REMOVED 1 iv 01 1 r,C.y;�_ L'. �r��.S��•-»-."Z COMPLAINT' --_')Inspection Results: SCHEDULED INSPECTOR: PSP Q PASS: - FAIL: _�. RESCHEDULE DATE:/ 7 TIME: ** C O M M E N T S INSPECTOR SIGNATURE:9 .-5-i SV T FREDERICK COUNTY INSPECTIONS DEPT. C®RR �� IOP _4 12 6 ORDER Date rr ti ` Type of Insp. Permit No. Owner du, C. Location 6���' The following items must be corrected in order to pass insp ction: ,r Please Call for Reinspection as Soon as Corrections Are Completed. 1OB-5 �� _ Inspector )nnty of Frederick i-ncheter VA 22601 IEN AGENT: NER NAME/ADDRESS DERWOOD, PEARL 1-2 TIMBERLAKE TER 'EPHENS CITY, VA 22655 (ONE: 540-869-6655 BUILDING PERMIT SITE ADDRESS 521 Marple Road PERMIT NUMBER: USBC: APPLICATION DATE: ISSUANCE DATE: RENEWAL DATE-: DATE: CONTRACTOR NAME/ADDRESS Nichols, Jim Const. Co_ 619 East Main Street Berryville; VA 22611 PHONE: 540 955 4743 0000868 - 2004 2000 5/04/2004 5-1c) oq S/05/2004 : ACCOUNT#: DESCRIPTION OF CONSTRUCTION LOCATION ,X MAP NO.: 41 A 117 LOT: BLOCK: SECTION: BLDG NO.: ---------------------------------------------------------------------------------------------------- -'T-BACKS: # BATHROOM HEALTH PERMIT NO.: DISTRICT: GAINESBORO FRONT: BACK- FLOODPLAIN: SUB-DIVISIOiN: RIGHT: LEFT: AREA: Round Hill ZONE: Rural Areas CHTP . FRTGE: RIGHT-OF-WAY: S/E CUP NO.: SITE PLAN: DIRECTIONS TO SITE: Rt. 522N, 1 mile and a half, at Crossroad Grocery, make a left onto Marpie Rd. which is Rt. 654, go 8/10 of a mile, lot will be on the left, will be a construction sign there. Map Book 123 D-4 E GROUP: Use Group "R" Residential USE CODE: Change of Use/Res ST.TYPE: New NATURE/WRK: change of use SQ FEET: ---------------------------------------------------------------------------------------------------- BUILDING PERMIT DG. SIZE # STORIES 4 BEDROOMS # BATHROOM RT SQ FT 'TOTAL # P.M pe Const Footing Foundation Flr. Joist rder Walls Header Roof Syst. arinq PT Smoke Det. Egress TE CHANGE OF USE -CHANGING NOTE HOUSE TO STORAGE BUILDING NOTE TE MOTE � M/'C✓h------15----- ------- ------------------------------------------------------------------------------11` JOB VALUE: 4- am ------------------- PERMIT FEE: 5.0.00 ! I hereby agree to comply with all provisions of the Virginia � surcharge .88 ! Uniform Statewide Building Code and the Zoning & Subdivision ! ! Ordinances as adopted by the County of Frederick ! i - f ! ! SURVEY STANDARDS REQUIRED? YES O IHITT A' ! DETAILED SITE PLAN P.E-DUIRED? YES NG- INTIIAL: s ! TOTAL FEES: 50.88---------- / f ! ------------ Applic At (signature) ,jd55 Gl t S l h is Applicant (please print) RE ilding,�Cf icf� DATE ZOIliIlg ID1y4r DATE I T'Jnty of Fredet i ck � � I� BUI` ING PER i t iiiichester VAj 22601 IEN AGENT: -en V1 INER NAME/ADDRESS IDERWOOD, PEARL .1-2 TIMBERLAKE TER 'EPHENS CITY, VA 22655 IONE: 540-869-6655 SITE ADDRESS 521 Marp:e Road PERMIT NUMBER: USBC: APPLICATION DATE: ISSUANCE DATE: RENEWAL DATE: DATE: CONTRACTOR NAME/ADDRESS Nichols, Jim Const. Co. 619 East Main Street Berryville, VA 22611 PHONE: 540 955 4743 0000853 - 2004 2000 5/04/2004 5/04/2004 3 ACCOUNT#: 7647 DESCRIPTION OF CONSTRUCTION LOCATION iX MAP NO.: --------------------------------------------------------------------------------------------------------------------- 41 A 117 LOT: BLOCK: SECTION: BLDG NO.: :T-BACKS: HEALTH PERMIT NO.: DISTRICT: GAINESBORD FRONT: 80' BACK: 65' FLOODPLAIN: SUB -DIVISION: 0 RIGHT: 100+ LEFT: jjW� AREA: Round Hill ZONE: Rural Areas CNTR : FRTGE: RIGHT-OF-WAY: S/E CUP NO.: SITE PLAN: DIRECTIONS TO SITE: Rt. 522N, 1 mile and a half, at Crossroad Grocery, make a left onto Marple Rd. which is Rt. 654, go 8/10 of a mile, lot will be on the left, will be a construction sign there. { Map Book 123 D-4 t � GROUP: Use Group "R." Residential USE CODE: Single Family Dwelling �' J4 iT.TYPE: -a ��c�� ��tr_� NATURE/WRK: Single Famil; 'elling SQ FEET: 1258 -------------------------------------------------------------- ------------------------------------------------- BUILD-ING PER -111T )G. SIZE 25 X 50 # STORIES 1 # BEDROOMS 3 # BATHROOM 2 IT SQ FT UNF 1200 TOTAL # RM 7 )e Const Footing Foundation Fir. Joist der`Malls Header Roof Syst. 3ring PT Smoke Det. Egress rE TWO 4 X 5 DECKS NOTE ;TOTE rE NOTE JOB VALUE: 125,000.00 PERMIT FEE: surcharge TOTAL FEES PP1 ---------------------------------------------------------------------------+ 334.96 I hereby agree to comply with ail provislons of the Virginia 5.86 ! Uniform Statewide Building Code and the Zoning A SubdiVision ! ! Ordinances as adopted by the County of Frederick. I ! + ! SURVEY STANDARDS REQUIRED? ES 1NITIAL:bhi + DETAILED SITE PLAN REQUIRED? YES t3O INTIIAL:, 340.82 '00000 z 3 -- --- -------------------- ------------------------------------------- EQ ----------------------------------------EQ TRED SIG. -URES "i�u .. B- lding CrOfficla Zoning Adm nnist/p7ato.r 'KVDATE DATE l-CJscZe4 Applicant (please print) 1/2" IRF J �O Gi RAPHIC SCALE (IN FEET) OP.; TU 4 (( �� 1/2" IR HARRY L. 1 BRAI�W1117 'lil S 6 . WB. 104 PG. 1584 F oo �,9S i �1/2" IRF NOTE- PAL 1 ENCROACHES BY TIN 41-" 1.3461 A REQ GRAVEL DRIVEWAY ONE-ILLING AME . 6b . F;ET 2 \ �J DRAINRELD EASEMENT. I TM 41 -((A)) -118A 1R2" h ROBJ,ERT {2. SHEEHAN, JR. 9��, !RF TM 41-((A))-118 & (LARRY L. BRAITHWA/TE, N KAREN T. SHEEHAN WB. 104 PG. 1584 INSTRgUEMT NO. 020004865 I � LEGEND \ IRF = IRON � REBAR FOUND RAW = RIGI T OF WAY NOTES I 1. NO TITLE REPORT FURNISHED. EASEMENT OTHER THAN SHOWN MAY EXIST. 2. THE BOUNDARY INFORMATION SHOWN HEREON IS BASED ON A CURRENT FIELD SURVEY Br THIS FIRM. J. OWNERS QF RECORD: TM 41—((A))-117, DAVID A. HICKS & DOUGLAS G. UTTER INSTRUMENT NO 030010879 BOUNDARY SURVEY OF THE LAND OF DAVM A. HICKS AND DOUGLAS o_ ITER GAINESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA. SCALE: 1" ==i 60' 1 DATE: 07/21/03 —147 Epgineers SU"eyors Founded ;n 1971 ,WAY ENOINE1 161 TTY HILL LANE WINCHESTER, VA. 22602 TELEPHONE:540) 682-4185 FAX. (540) 722-9528 MARK D. SMITH No.002009 r 7.2-1.U3 Q 1 / APPLICATION FOR APPEAL IN THE COUNTY OF FREDERICK, VIRGINIA -OFFICE USE ONLY - Appeal Application # T �% Submittal Deadline Submittal Date For the meeting of Fee Paid L yes initials: i0/ MUST DE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner t i other 2. APPLICANT: NAME:" <-C(_rt ( (rl `�(`�� � e&ji ADDRESS TELEPHONE: 5Y-0 5 J S t)Cld ,-) (Check one) OCCUPANT: (if different) NAME: ADDRESS: TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): d�-- 4. Magisterial District: 5. Property Identification No.: q1 f) / I % 6. The existing zoning of the property is: 5( �.Q, 7. The existing use of the property is: j c_� �1 8. Adjoining Property: USE North East South West jj': x fa.t Lt ZONING s�ag-'J� ai-- 9. Describe the decision being appealed. (Attach a copy of the written decision.) dlyJ 10. Describe the basis of the appeal, indicating your reason(s) for sagreemPwith the decision. (This may be provided on separate sheet.) �-x_ cU 2 i l fl�0t Gytc ll� S"�' /Je r j%G e� i Q ate, �I-��2eC t CC (�1;�151, - �, �-,=-car ✓� p -v© 1 Q �� l��dn_.jts22 �i(Y`� J ^�J� C`�llJy"�"�. � � ►v�' ' 1'� ,c e vt c -- ate. O elk G64-0 to-V'4� C4 11. Additional comments, if any: Ab cc ("(,=- S f UA 6 A- �� ! > 1 /� I J O�?� t_.f/ C.- 12. The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the appeal is being sought, including properties at the sides, rear, and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notified by mail of this application: (Please list Property Identification Number.) NAME �n� a C Address l �drt�G. !� Property ID # q — � ���'c 1r f�-itis. 1- jkc,� -P 1G-11 �- Address CJ �02 %�i l Z c�..d. C /E�- JJ 60, Property ID CGS �J exp' AddressDP (c0 Property ID # -bacc -(-t'tJ'.d. Address Property ID # Address 5 & S 't�'� c � � GIC, (� C D'? & 6 Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # )c 3 AGREEMENT. APPEAL # A Y- 0? I (we), the undersigned, do hereby respectfully petition the Frederick County Board of Zoning Appeals (BZA) to overrule the administrative interpretation of 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. t SIGNATURE OF APPLICANT , �DATE _ A���6 SIGNATURE OF OWNER DATE (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF P ACTION: DAT - rML) APPEAL OVERRULED APPEAL SUSTAINED File: O -\Land Use ApplicationsWpplication Forms\APPEAL Revised. 01/14/03 SIGNED: DATE: .,c/ i 5Jo'% 08/12/03 Contracted with Hicks and Utter to purchase land 10/15/03 Lord Fairfax Environmental Health Letter— sewage 11/05/03 Purchased landed 1/07/04 Permit for Electrical upgrade of little house 2/19/04 Contracted with Nichols Construction to build house 05/04/04 Nichols construction applied for permit 5/10/04 Permit issued to build new house 5/10/04 Permit for sewage to new house 6/04 Change of use permit for small house (change from storage shed to accessory dwelling) 6/04-8/04 Met with Patrick Davenport on numerous occasions to meet requirements of change of use. Had to obtain a change in floor plans. Obtain measurements of new house and small house. Had to have adjustments made to insurance to cover small house as accessory dwelling. 08/17/04 Given permit for sewage for small house 09/13/04 Occupancy permit issued for new house 11/7/05 Found note on door from inspector that they were there for inspection. 11/07 Contacted Inspection department and stated that the inspection was for small house. 11/07 Filled out another change of use permit. Taxes on property doubled. 2/07 Filled out another change of use permit because when I called them they couldn't located the November change of use permit.