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BZA 09-18-07 Meeting AgendaAGENDA FREDERICK COUNTY BOARD OF ZONING APPEALS The Board Room Frederick County Administration Building 107 N. Kent Street Winchester, Virginia September 18, 2007 3:25 p.m. CALL TO ORDER 1) Determination of a Quorum FILE COPY 2) Minutes of August 21, 2007 PUBLIC HEARING 3) Variance Request #11-07 of James Marlow, submitted by Richard Marlow, for a 63.4 foot rear yard variance, resulting in a rear yard setback of 36.6 feet. This property is located off of Wardensville Grade (Route 608), on Gobblers Knob Lane, Lot 15, and is identified by Property Identification Number 51 -A -78A in the Back Creek Magisterial District. 4) Variance Request #12-07 of Eagle Place Ind., Inc., 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-109 in the Stonewall Magisterial District. 5) Variance Request #13-07 of Eagle Place Ind., Inc., 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. 6) Variance Request #15-07 of Jeremy and Deborah Kidwell, submitted by Chris Boyce, for a 40 foot front yard variance, resulting in a front yard setback of 20 feet, and a 36 foot variance on each side, resulting in a side yard variance of 14 feet on each side, for the construction of a single family dwelling. This property is located on Dunbar Lane, Lot 16, and is identified by Property Identification Number 42-A-117 in the Gainesboro Magisterial District. 7) Variance Request #16-07 of Z. L. Metz Contracting, LLC, submitted by Urban, Ltd, for a 15 foot side yard variance on both sides, resulting inside yard setbacks of 35 feet, for the construction of a single family dwelling. This property is located on McDonald Road (Route 616), Lot 145, and is identified by Property Identification Number 51-A-145 in the Back Creek Magisterial District. 8) Other 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, August 21, 2007. PRESENT: Theresa Catlett, Chairman, Opequon District; Robert Perry, Vice Chairman, Stonewall District; Dwight Shenk, Gainesboro District; Jay Givens, Back Creek District; and, Robert W. Wells, Member -At -Large. ABSENT: Eric Lowman, Red Bud District; and, Kevin Scott, Shawnee District STAFF PRESENT: Mark R. Cheran, Zoning and Subdivision Administrator; Lauren Krempa, Planner I; and, Bev Dellinger, BZA Secretary. CALL TO ORDER The meeting was called to order by Chairman Catlett at 3:25 p.m. On a motion by Mr. Perry and seconded by Mr. Shenk, the minutes for the July 17, 2007 meeting were unanimously approved as presented. The cut-off date for the September meeting is August 24, 2007. Mr. Cheran stated that if anyone is present to hear the two Eagle Place Industrial variances, those variances have been postponed until the September meeting. PUBLIC HEARING Variance Request #08-07 of Franklin and Candy Miller for a 23.5 foot left yard variance, resulting in a 26.5 foot left yard setback, and a 17 foot right yard variance, resulting in a 33 foot right side setback, for the construction of a single family dwelling. This property is located on Woods Mill Road (Route 660) in John Hepfer's Subdivision No. 1, Lot 3, and is identified with Property Identification Number 55A-1-3 in the Stonewall Magisterial District. ACTION — VARIANCE APPROVED Ms. Krempa gave the staff report. The property was zoned A-2 with setback lines of 35 feet for the fronts and 15 feet for the side yards. In 1989, Frederick County amended its Ordinance to change rural zoning classifications to the current RA (Rural Areas). The current setbacks for this property are 60 feet to the front, 100 feet to the rear and 50 feet on both sides. Ms. Krempa further stated that the applicant is requesting a 23.5 foot left yard variance and a 17 MinutQ ftk Page age 1479 MtsfXtyB2Fdo�Zoning Appealsn eou 07 foot variance on the right side. Should this variance be granted, the building setbacks for this property would remain 60 feet to the front, 100 feet to the rear and change to 26.5 feet on the left and change to 33 feet on the right. It appears that this variance does meet the intent of the Code of Virginia, Section 15.2-2309(2). This request from the current setbacks of the RA zoning district maybe justified. Ms. Krempa stated that this variance was tabled by the Board at the July 2007 as no one was present to represent the owner. Mr. Randy Sowers is present today to represent the owner. Mr. Randy Sowers with Montgomery Engineering identified himself. Mr. Sowers stated that, when subdivided, the lot width was roughly 100 feet and at that time the side setbacks were only 15 feet which would have left a suitable building area. Since the setbacks have now changed, 50 feet on either side leaves basically no building envelope. The owner has gone with a fairly small house footprint, 38x30, in order to try to keep as much side yard as possible. There were no citizen comments. Discussion Mr. Shenk made a motion to approve variance request #08-07. Mr. Givens seconded the motion and it passed by unanimous vote. PUBLIC HEARING Variance Request #10-07 of Jeffery Neff for a 15 foot side yard variance on both sides, resulting in side yard setbacks of 35 feet. This property is located in Lone Oak Subdivision, Lot 38, Block A, on the southern side of Virginia Drive (Route 710), and is identified by Property Identification Number 86B -4-A-38 in the Opequon Magisterial District. ACTION — VARIANCE APPROVED Ms. Krempa presented the staff report. The property setback lines for this property at the time of adoption of the Frederick County Ordinance were 35 feet to the front, 25 feet to the rear and 15 feet on both sides. Frederick County amended its zoning ordinance in 1989, making the setbacks for this property 60 feet to the front, 100 feet to the rear and 50 feet on both sides. Ms. Krempa stated for the record that this applicant did request a 30 foot variance on both sides, resulting in a 20 foot setback on both sides, but staff would point out that the applicant is showing the house location survey at 31 feet from the property line making the actual necessary variance a 19 foot variance. Staff would also point out that if the current setbacks of the RA zoning district were enforced, this property is left with a buildable area of approximately 25 feet by 85 feet and that would allow for a house to be built on this property without a variance. However, the buildable area provided on the lot, based on current setbacks, would force the house to have an orientation different from those in the existing neighborhood. Staff feels that this large of a variance request is unnecessary although it may be appropriate to grant a smaller reduction of the setbacks in order to allow the property owner to construct a house similar to those in the existing neighborhood. Minute >o k Pag 1480 r�denc QuntyeBo�rd o f Zoning Appeals mutes oAugust 21, 2007 Ms. Krempa further stated that as written this current request does not meet the intent of the Code of Virginia, Section 15.2-2209(2), and is therefore unjustified. This variance request was tabled by the Board at the July 2007 meeting because of an undetermined house location and the public hearing was held then. However, this is a revised request and a new public hearing should be held for this application today. Mr. Duane Brown of Marsh & Legge Land Surveyors identified himself as representing Mr. Neff. The current setbacks have increased the side yard setbacks to 50 feet which leaves a total width buildable area of 25 feet. In an attempt to be consistent with the character of the surrounding community, Mr. Neff would like to face the house toward the street as all the other houses are. The variance request is for a 20 foot reduction to give a 30 foot setback which would give them an area wide enough that they could construct a single story home of approximately 1,710 square feet, facing the street, totally to be consistent with the character of the community. They feel if they had to face the house sideways on the lot, that would be out of character and consistency. Chairman Catlett asked if the other homes in the vicinity are the same square footage. Mr. Brown stated, generally yes, under 2,000 square feet. Mr. Perry said in the agenda packet, it says the typical structure in the vicinity is 1,200 square feet. Mr. Brown stated typical to be 1,200, but all under 2,000. Ms. Lisa Lacivita stated she lives on lot 37 adjacent to Mr. Neff's property on the east. Ms. Lacivita spoke in opposition of the variance request stating she would like the setback on the east side to remain at 50 feet and that the proposed house is out of character with the other homes on the street. Discussion Mr. Givens made a motion that this request for a 31 foot variance be granted. Mr. Shenk seconded the motion and it passed by unanimous vote. PUBLIC HEARING Variance Request #11-07 of James Marlow, submitted by Richard Marlow, for a 63.4 foot rear yard variance, resulting in a rear yard setback of 36.6 feet. This property is located off of Wardensville Grade (Route 608), on Globbers Knob Lane, Lot 15, and is identified by Property Identification Number 51 -A -78A in the Back Creek Magisterial District. ACTION — REQUEST TABLED BY THE BZA UNTIL SEPTEMBER 18, 2007 MEETING Ms. Krempa presented the staff report. The property setback lines for this property at the time of adoption of the Frederick County Zoning Ordinance were 35 feet to the front, 25 feet to the rear and 15 feet on both sides. In 1989, Frederick County amended its zoning ordinance to change rural zoning classifications to the current RA (Rural Areas) and the setbacks became 60 feet to the front, 100 feet to the rear and 50 feet on both sides. Ms. Krempa stated that this applicant has requested a 63.4 foot variance to the rear which results FMinutQ loCok Page a f 1481 Minutes of Runty B21 r2007 Zoning Appeals in a new building restriction line of 36.6 feet. If this variance request is granted, the setbacks would remain 60 feet to the front, 50 feet to both sides and change to 36.6 in the rear. It appears that this variance does meet the intent of the Code of Virginia, Section 15.2-2309(2) and the request from the current setbacks may be justified. Chairman Catlett asked if the applicant or Mr. Marlow's representative was present, and no one responded. Mr. Perry made a motion to table the application. Mr. Shenk seconded the motion and the vote was unanimous to table this variance request until the September meeting. PUBLIC HEARING Variance Request #14-07 of C. Robert and Barbara Kidwell, submitted by Chris Boyce, for a 20 foot front yard variance, resulting in a front yard setback of 40 feet, and a 34 foot variance on each side, resulting in a side yard variance of 16 feet on each side, for the construction of a single family dwelling. This property is located on Fries Lane, Lot 13 — Dunbar, and is identified by Property Identification Number 42-A-114 in the Gainesboro Magisterial District. ACTION — SIDE YARD VARIANCE APPROVED; FRONT YARD VARIANCE DENIED Ms. Krempa gave the staff report. The property setback lines for this property at the adoption of the Frederick County Ordinance were 35 feet to the front, 25 feet to the rear and 15 feet on both sides. In 1989, the current setbacks for this property were amended, making the current setbacks 60 feet to the front, 50 to the rear and 50 feet on both sides. The applicant has requested a 20 foot front yard variance and a 34 foot side variance on both sides. If approved, the new setbacks for this property will change to 40 feet to the front, 16 feet on both sides and remain 50 feet to the rear. Ms. Krempa stated that the enforcement of the front yard setback requirement for this zoning district does still provide a large buildable area on the property and only the current side yard setbacks totally eliminate a building envelope. Although existing homes in this area are located closer to the street than the currently required 60 feet, a reduction of the front yard setback may not meet the intent of the Code of Virginia, Section 15.2-2309(2). It does, however, appear that the variance for the side yard request does meet the intent of that Section of the Code of Virginia and that request is justified from the RA setbacks. Mr. Chris Boyce identified himself as representing the applicant. Mr. Boyce stated that the reason for asking for a 20 foot front yard variance is that the septic system is going in the back yard. Mr. Perry asked how much space in the back is the septic system going to take. Mr. Boyce responded he does have a preliminary but he doesn't have a drawing that shows that with him. Mr. Perry asked what the preliminary number is and Mr. Boyce replied he would guess about 60 feet for the tank and the drainfield. Mr. Perry stated that hypothetically, he could move back the other 20 feet and still not disrupt the septic system. Mr. Boyce stated potentially, yes. Mrs. Barbara Kidwell stated they also own the adjoining land it backs up to and they definitely Minute Io k Page 1482 U'deric runty Bo rdd o Zoning Appeals mutes o August 21, 20 7 want to keep the integrity of the community. Mr. Givens asked when the septic system is situated, is there an objection to moving the house back the 60 foot setback. Mr. Boyce stated that on the adjacent lot to the right, there's an outbuilding that's very close to the property line and if they move the house back, it would be virtually up against the house they're building. They would like to bring it forward a little bit to avoid this. Mr. Perry asked what the distance is from the front line to the smaller of the two outbuildings. Mr. Boyce responded he doesn't know that dimension. Mr. Perry stated they could move back 20 feet and still not be close to the front of the outbuilding. Mr. Shenk stated that once the system is designed and it does push him forward, if we don't give him the front variance, then he may be back in front of the Board again because the septic does push him to that point. Mr. Shenk is familiar with this area and all those houses are very close on the street. If we push it back, it does meet the Code, but it doesn't necessarily fit the area. Mr. Charanjit Rathore, an adjoiner, spoke in opposition of this request. This is right behind his house, and Mr. Rathore doesn't want anybody right beside him or right behind him. Mr. Cheran stated that there are easements that could be applied to this property if the Board wants to move the house up closer to Fries Lane. Discussion Mr. Givens stated he doesn't have any problem with the side setbacks but he's having a little problem with the front setback. Mr. Perry made a motion to grant the request for a 34 foot side yard variance on each side and deny the request for a 20 foot front yard variance. Mr. Shenk seconded the motion and the vote was unanimous. PUBLIC HEARING Variance Request #15-07 of Jeremy and Deborah Kidwell, submitted by Chris Boyce, for a 20 foot front yard variance, resulting in a front yard setback of 40 feet, and a 36 foot variance on each side, resulting in a side yard variance of 14 feet on each side, for the construction of a single family dwelling. This property is located on Dunbar Lane, Lot 16, and is identified by Property Identification Number 42-A- 117 in the Gainesboro Magisterial District. ACTION — REQUEST TABLED BY THE BZA UNTIL SEPTEMBER 18, 2007 MEETING Ms. Krempa presented the staff report. Property setbacks for this property at the time of the adoption of the Frederick County Ordinance were 35 feet to the front, 25 feet to the rear and 15 feet on both sides. In 1989, Frederick County amended its zoning ordinance for the rural zoning district Mindutc Kook Pag 1483 FrQ enc fG�untyeBo aa of Zoning Appeals mutes o ugust 2 f20 7 classifications and the setbacks are currently 60 feet to the front, 50 feet to the rear and 50 feet on both sides. Ms. Krempa continued that this applicant has requested a 40 foot front yard variance and a 36 foot side yard variance on both sides. if this request is granted, the new setbacks for the property will change to 20 feet to the front, 14 feet on both sides and remain 50 feet to the rear. Unlike the previous application, the enforcement of the current front yard setback does not provide a large enough area for the construction of a single family dwelling and it appears that this variance does meet the intent of Section 15.2-2309(2). Mr. Chris Boyce identified himself as representing the applicant. Mrs. Barbara Kidwell stated that Jeremy Kidwell is their son and he had to work today. They and their son live in the neighborhood and have a great interest in preserving the integrity of the community. Mr. Robert Kidwell, husband of Barbara and father of Jeremy, stated they would like to keep the integrity of the neighborhood. Mr. Shenk stated that his concern is he hopes they aren't a bit premature about not having all the soil work done and engineering work to know exactly where the house is going to have to sit based on the septic area. Mr. Boyce stated he situated the house the best he could to respect some of the setbacks and he's trying to get all this work done before the deal is finalized. Mr. Perry stated that without having some idea of how much room it's going to take for the drainfield, he thinks the Board needs to see just how small they can make that front variance as opposed to the 40 feet. There were no citizen comments. Discussion Mr. Shenk stated that if they have their engineering and soils work done and the house is plotted on the plat, then the Board can see exactly what they would need. Mr. Boyce stated they can come back with the square footage and a preliminary layout for the septic system. Mr. Givens made a motion to table this request until the September 18, 2007 meeting. Mr. Perry seconded the motion and the vote was unanimous. MiIIUtQ look Page 1484 g MO eric qunty Bo r5 o� Zoning Appeals Minutes o August 2 , 0 7 OTHER Mr. Cheran told the Board that the Skyridge appeal, which they heard last month, is going to the Circuit Court. Mr. Mitchell got the paperwork from Mr. Napier last week. vote. Mr. Givens stated that he will not be able to attend the September 18, 2007 meeting. As there were no other items to be discussed, the meeting adjourned at 4:30 p.m. by unanimous Respectfully submitted, Theresa B. Catlett, Chairman Bev Dellinger, Secretary MinuteBBo k Page 1485 Fwderick pgunty Bo rq o� Zoning Appeals Minutes o August 2 , 0 7 VARIANCE APPLICATION #11-07 JAMES MARLOW Staff Report for the Board of Zoning Appeals Prepared: September 6, 2007 Staff Contact: Lauren E. Krempa, Planner I 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: August 21, 2007 — Tabled, no applicant present September 18, 2007 — Action Pending LOCATION: Off of Wardensville Grade (Route 608) on Gobblers Knob Lane, Lot 15 MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 51 -A -78A PROPERTY ZONING & USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) South: RA (Rural Areas) East: RA (Rural Areas) West: RA (Rural Areas) Use: Residential Use: Residential Use: Residential Use: Residential VARIANCE REQUESTED: The applicant is requesting a 63.4 foot rear yard variance resulting in a rear yard setback of 36.6, for the construction of a single family dwelling with a deck. REASON FOR VARIANCE: The current RA setbacks for this property yield a very small buildable area and due to the shape and topography of the site available construction sites are limited. Variance #11-07, James Marlow September 6, 2007 Page 2 STAFF COMMENTS: Frederick County adopted zoning in 1967. The Frederick County historical zoning map shows this property was zoned A-1 (Agricultural Limited) in 1967. The property setback lines at the adoption of the zoning ordinance were 35 feet for the fronts and 15 feet for the side yards. Frederick County amended its Ordinance in 1989 to change the A-2 zoning districts to the current RA (Rural Areas) Zoning District. The Frederick County Board of Supervisors amended the setbacks for the RA Zoning District on February 28, 2007 making the current setbacks for the property: 60 feet to the front, 100 feet to the rear, and 50 feet to both sides. This applicant is requesting a variance of 63.4 feet on the rear which would result in a rear yard setback of 36.6 feet for the construction of a single family dwelling with deck. The amended setbacks for this zoning district create a very small buildable area on this triangular lot and the sloping topography of the site renders the area provided by the current setbacks unusable. Therefore, this reduction of the current setbacks appears justified; however, staff would note that decks and other non-essential features are not typically considered a hardship and it may be appropriate for this applicant to remove the deck from the proposed building location dependant upon the public hearing for this request. STAFF CONCLUSIONS FOR THE SEPTEMBER 18, 2007 MEETING: The Code of Virginia 15.2-2209 (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. Should this variance be granted, the setbacks for this property would remain 60 feet from the front, 50 feet to the sides, and change to 36.6 feet on the rear. It appears that this variance meets the intent of the Code of Virginia, Section 15.2-2309 (2). This request from the current setbacks of the RA zoning district may be justified. — ------------------- ---- - 0 U J O `4 1 d _ L � Y W t C U o o a O M Ui J�7, pb/))/,y, L b�ry0 �s�t0 SJy/ Its GS SLG f `b�yjy '.0 b y b p'yb SNPA � � N h rb g tS �O'J 1P �P 0 v. a � a F v v Q U n bib a X0//0 0 i= N s y N0 i C ti S ANO /S �6 z 60)6 bB( w r bOH0N00 mai .q lS r� ❑ t ��Zslb�' p�b0 b a •- t �, s yJb GHy/ c _� tS C sy +� s � w N m a -0 o � Z ai o " o w ¢ z a - � h W N08abb gas APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA -OFFICE USE ONLY - Variance Application No. it - of7 Submittal Date: i Fee Paid: es.. initials: Sign Deposit Zoe Submittal Deadline: `�/ a °0 7 For the meeting of � oZ ( n MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner other /(Check one) 2. APPLICANT: ADDRESSR�_�_sr- TELEPHONE: SAO 33�, S00S OCCUPANT: (if different) NAME: ADDRESS: TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): IRA- S0 W AuLv-0 of Ac) R. - WB ��e►� ;v�c1�� \aNe_ \oA is \00Q A__ - 0-fL 4. The property has a road frontage of .37� 1 feet and a depth of 'Z51ye feet and consists of 13 i Z acres (please be exact). C 5. The property is owned by a crc � �. '�pc__ r \ovd as evidenced by deed from A� �ev j�) recorded (previous owner) in deed book no. on pa egeg '10- of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: 7. Property Identification No.: 8. The existing zoning of the property is: 9. The existing use of the property is 10. Adjoining Property: RN ZONING 1� A R 2l� 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.") Q�,\,�- + 3 L,G ' V.,ariV_oc� JA V,u C,� is .-e- - 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 'Dia USE North� a �— EasteS yds a �— South�� E� a West A aL- ZONING 1� A R 2l� 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.") Q�,\,�- + 3 L,G ' V.,ariV_oc� JA V,u C,� is .-e- - 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 'Dia 13. Additional comments, if any: 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 notified by mail of this application: MAMF C U� (I Address t Property I D # k -- --7 a\j, �O kAC) Address ?--Lo Property I D # ��k'A Ua Address 03'�3 �a)a'Ac-v Property lD# Address Property ID # Address Property ID # Address Property I D # Address Property I D # EA 15. Provide a sketch of the property (you may use this page or attach engineer's drawing). Show proposed and/or existing structures on the property, including measurements to all property lines and to the nearest structure(s) on adjoining properties. Please include any other exhibits, drawings or photographs with this application. 0 FRONT CWE:D>MAY 16 2007 17: 07 /ST. 17: 02 ZH-.7500000ISO P l r,elo— 922 — V7 /9 AGREEMENT VARIANCE # l/ —0 7 (Number to be assigned by the Planning Dept.) 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 APPLI DATE SIGNA than applicant) -OFFICE USE ONLY- BZA PUBLIC DARING OF q /if 0 % ACTION: - DATE - APPROVAL SIGNED: DENIAL DATE: 10 DATE`%� BZA CHAIRMAN NOTES: 1) CONTOURS TAKEN FROM FREDERICK COUNTY GIS DATA.. 2) NO TITLE REPORT FURNISHED. EASEMENTS AND/OR OTHER ENCUMBRANCES OF RECORD MAY EXIST WHICH ARE NOT SHOWN HEREON. 51-A-76 JAMES E. & NGOC—HAN NGUYEN 4.401 ACRE 940---- ZONE: RA INS,. j010001357--- S62-34_ ( t ! �Y 1 / / 51—A-78 TERRY M. LEIGHT 8.95 ACRES 20NE: D.B. 630. PG. 569 ( I — I I / I ! I I ( � I I / I I j I I I I I I I I � I I I I � I ' I � I I i I I \ ' I \ I I I \ 1 4 \ \ \ i \ Ll I CT 00 t j 50'i BRL o OO. F / U) �1g M ARLOW ---_ �36 T I i 41.4' vo, \ 995' 6 \\ \ O \ \ O l \ .\ \\ 51 -A-78A `z \ \\` N \\\ \ O i 'sss 1.312 ACRES , < w ¢ C'4 i\\ —i \ � `g i \\ i \ i \ \� �Ot \ ^�jrO I \ ¢'(n %\ Y I STOwm y I o \ Z No. 002342 \ \ Y O� i\ co N • i V) i cn SCALE: 1" = 50' DATE: MAY 30, 2007 MnN� OOME'LIM L,q� SUR�Yp4L 8ffg«reer«g Orroup, Ane. ki 180-9 Prosperity Dr. (540) 450-3236 VOICE Winchester, VA 22602 www.MEGinc.b¢ (540) 450-3235 FAX vo, \ 995' EXHIBIT SHOWING H 0 PROPOSED HOUSE LOCATION ON TAX MAP PARCEL r, 51—A -78A Y I STOwm y BACK CREEK MAGISTERIAL DISTRICT No. 002342 FREDERICK COUNTY, VIRGINIA SCS SCALE: 1" = 50' DATE: MAY 30, 2007 MnN� OOME'LIM L,q� SUR�Yp4L 8ffg«reer«g Orroup, Ane. ki 180-9 Prosperity Dr. (540) 450-3236 VOICE Winchester, VA 22602 www.MEGinc.b¢ (540) 450-3235 FAX Jun 24 2007 2:29PM 5408773028 p.1 �2�p2601 t THIS DEED, made and dated this 14th day of February , 2002, by and between JEFFREY S. DAVIS, married, Grantor, hereinafter called the party of the first part; and JAMES E. MARLOW and NGOC-HAN N. MAUQW, Grantees, hereinafter called the parties of the second part. WITNESSETH: That for and inconsideration of the sum of Ten Dollars ($ l0.00), cash in hand paid by the parties of the second part to the party of the first part, and other good and valuable consideration, the receipt of which is hereby acknowledged, the said party of the first part does hereby bargain, sell, grant, and convey with general warranty and with English covenants of title unto the Grantees herein, in fee simple, jointly, as tenants by the entirety with the common law right of survivorship, the following real estate, subject to all easements and legally enforceable restrictions and reservations of record affecting such realty.- All ealty: All of that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, lying and being situate in Back Creek Magisterial District, Frederick County, Virginia, beginning at a point on the west side of the existing roadway, as shown on the survey of Charles Kirkland, C.L.S., dated September 29, 1975, and of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 450, at Page 634; and running with that roadway from the land of Fishback to the other land of Fishback, then running in a Northeasterly direction along the lands of Fishback and the Shenandoah Land Company to the other lands of Fishback, then in a Northwesterly direction to the point of beginning. The property conveyed herein contains that land east of the line herein described to the Iands of Fishback and the lands now, or formerly, owned by Shenandoah Land Company as shown on the aforesaid survey. AND BEING the same land conveyed to the Grantor herein by Deed dated August 8, 1983, and recorded in the aforesaid Clerk's Office in Deed Book 569, at Page 364. This conveyance is made expressly subject to all restrictions, covenants and easements now of record on said property as the same may lawfully apply. WITNESS the following signature and seal: AJ _r 4.1 s Jun 24 2007 2:29PM 5408773028 p.2 THOMAS H. ROCKWOOD ATTO..E AT LAW WIRCX=TKR, M.1XIA cm COMMONWEALTH OF VIRGINIA, CITY/UDUNW OF AINCHESTER , to -wit: I, Hattie L. Palmy , a Notary Public in and for the State and County/City aforesaid, do hereby certify that Jeffrey S. Davis, whose name is signed to the foregoing Deed dated February 14 , 2002, has this day personally appeared and acimowledged the same before me in my State and County/City aforesaid. My comrmssion expires July 31, 2005 Given under my hand this 14th day of February 2002. VIRGINIA: FREDERICK COUNTY, SCT. '"itis instrument of writing was Produced to me Qa �: .x, r,,':;1i,'catc c1f acl:.,owtedgc:�i.��t t11f�F,�10 a+�rtised !v' , lrrtii c3 r retrrd. T. i*nPOsec? try S_, c% a e been iris, if assessable Clerk VA VARIANCE APPLICATION #12-07 EAGLE PLACE IND., INC. Staff Report for the Board of Zoning Appeals Prepared: August 30, 2007 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: September 18, 2007 - Action Pending LOCATION: 1160 Purcell Lane (Route 72 1) MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 53A -A-109 PROPERTY ZONING & USE: Zoned: RP (Residential Performance) District Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RP (Residential Performance) Use: Residential South: RP (Residential Performance) Use: Residential East: RP (Residential Performance) Use: Residential West: RP (Residential Performance) Use: Residential VARIANCE REQUESTED: The applicant is requesting a 14 foot rear yard variance, resulting in a rear yard setback of 11 feet, for the construction of a wooden deck. REASON FOR VARIANCE: The applicant built a deck without a building permit over the rear setback. Variance #12-07, Eagle Place Ind., Inc. August 30, 2007 Page 2 This application was postponed from the meeting of August 21, 2007 at the request of the applicant. STAFF COMMENTS: 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 applicant 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 applicant applied for a building permit (#2102) for a single-family dwelling with no deck on the permit on property that is zoned RP (Residential Performance). The minimum building setbacks within the RP Zoning District are front 35 feet, sides 10 feet and rear 25 feet. The applicant's building permit had building setbacks of front 38 feet, sides 10.5 feet and rear 26 feet. The applicant was required to submit a house location survey, as required by the zoning ordinance, for any primary structure located five (5) feet or less from any minimum setback. The setback survey placed the single-family dwelling at 25.3 feet at the rear BRL as shown. The applicant has applied for a 14 foot variance that, if approved, will result in a rear setback of 11 feet, to allow for this deck. (See attachments) STAFF CONCLUSIONS FOR THE SEPTEMBER 18, 2007 MEETING: The Code of Virginia 15.2-2209 (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. This application for a variance does not meet the requirements as set forth by The Code of Virginia 15.2-2209(2), and the Frederick County Zoning Ordinance and staff would recommend denial of this variance application. The strict application of the Frederick County Zoning Ordinance does not produce an undue hardship as required by the Code of Virginia. This violation of the setback requirements was self-inflicted, as the deck was constructed without a building permit. J` v ° • yr Jr OU V .. O �y�3x3 tr L - CC C> y � L - l"I > J E m � K K m-C -- off2i a � c a U o a o 3 -al = E° a rrTT� �'- x�aL¢�riim' rami-mow O �,fJ it 4;1,1. Its; J I 1 I L i L i i 07 ue�ao � i i ' E { c ® a c a CL -- c a E c i M, rQ a 'z S �o N rA _ pJ U tit aF M CC a m_= Via` J 0 � O L c m m m w= 2 of of x w 0 m ease ee e d O � E v = d E? n w v E o O LL' S LL Q � fn m i d to H S o O isia J , �o N rA U� O 1- C% V O brrri�a i as 0 1 cz > Q- N Q Q r r �+ < iyr S� M •'Q O J U L C G _ d rs a �Oj f'ylsyjj��I: H ¢ 5 USpN P VeW �� ao -� pro J rte' J4/P`• --: yN�s u w CD i r _ J Q lO)Vb'4IS,1114jOAt oil �f by :e s i Y7 J_ 2 e, �f SONS pOUGIAgR z Q lair Q Q S7 $� o JJJ QQca Q C I a�z m o S a = w .� QOF y �� 'f"pens Q 2 i u' ,n 21.3rJ39'77f1{ W / � 1 O O N co O O O N O CN 00-- N C) L m m tu M M E O O O O O C CD (� Z 0 = 3 m �E a .QNB a LIS •� N N .� m 4 i m LL = i tei+ `.=a, _ 0 L N d 0 s a z CD W_ .' c(o �j N 0) D N O Z co > U co cWITW to a m = W U Z Q. (O. (flh 5i a w 0 L l6 0 u LL - ,1 J..+ m °k O Q �a N O r 1 Ot C L w n� io U R "- J E w w Q r u w > C L N 3 M C N ao M ci rn H =?::iii• w 0 [il C O 0 41 41 m [il w w w H O H C O i 41 41 m ,1 J..+ m °k O Q �a L L 1 2L L w n� io E Q r u M B C L N 3 M C G�1 2 LL Q O rn O =?::iii• N m O Ln O CL rn �C O m o a M CD [p+p W o Q rl WLn M N a� L: 0 u It CD . -04 N w w w H O H 2 ®: LU > D V) Ul 0 F- U) CL PO 0 4 11 11E. EL ru 0 2 M :3 0 0 4 "00 41 B 0 41 to 41 W m A CN 0 cli 0 ul Ci U Ln .0 .... u F— U) (D CN ..... CT) - CL -Y 0 4LW CA M C-4 < L. w (D < in .... M ED LL u 00 w zo 0 H 0 i 0 U) w Iv 41 w m w .....u 05 ta u......... u z c W 0 0 0 W ui Im 0 53 E3 C) APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGRGA MUST BE TYPED OR FILLED OUT IN INK PLEASE PRINT 1. The applicant is the owner i, other (Check one) 2. APPLICANT: NAME: �UA t ADDRESS lJ p TELEPHONE: (( Z -� OCCUPANT: (if different) NAME: ADDRESS: TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): Wl- :1-cs-k -wt- , n ; � �-`� 3 i 4. The property has a road frontage of feet and a depth of I r feet and consists of -wares (please be exact). Ito 5'b Page 5 of 9 -2,1- 5. IhePrOPertYis owned b]I by deed from *(-- E as evidenced recorded �N-e�S -- ,b 'E - .6 — (previ book no. 6 T -f f-:bn page '-t- — — IOUs Owner) in deed 10, LS of the Of dof Thdeed kof the Court for Frederick County. Pleaseattacha cOPY he rccorded 6- Magisterial District: lu 7. Property Identification No.: 8. The existing zoning of the Property is: k(�� t CL�� ,, 4� 9. The existing use of the property is. 10. Adjoining Property: IL North USE R East South West ZONING tr cc the variance sought in terms of distance and type. (For "arnple- "A 3.5' rear yard variance for an attached two -car garage.,,) 12. List specific reason($) why.the variance is being sought in terms of exceptional narrowness, shallowness, size or shape ofproperty, or exceptional topographic conditions or other extraordinary situation or condition of Property, or the use or immediately adjacent tj Lal< c--- 'M'45� � (-ZA/l e-1 Page 6 of 9 'VAI-) kkv e- 13. Additional continents, if any: 14. The following names and addresses are all of thedividuals, in funis, 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 notified by mail of this application: Address Property ID # Address Property ID # Address Property ID Address Im Page 7 of 9 NAME Address ?i'), Property ID # Address _C A; WN Property ID # IA/A V Address IL)1? Property ID # yq A&W Address pj C ff (,I, Property ID Address Property ID # Address Property ID # Address Property ID Address Im Page 7 of 9 15. Provide a sketch of the property (you may use this page or attach engineer's drawing). Show proposed and/or existing structures on the property, including measurements to all property lines and to the nearest structure(s) on adjoining properties. Please include any other exhibits, drawings or photographs with this application. Page 8 of 9 SANITARY MH GRIM= 500.08 _835'± TO INTX. PURCELL LANE - VA. SEC. RTE. 721 RTE. 522 (Variable Width RJW) 498 - ----- 491 c6 IP po 31 496 0 LEGEND: IRF WM - WATER METER CO - SANITARY CLEAN OUT FFE - FINISHED FLOOR ELEV. GFE - GARAGE FLOOR ELEV. WPP - WOODEN POWER POLE WP - WOOD POST IRF - IRON ROD FOUND IRS - IRON ROD SET .(494.5) - EXISTING SPOT ELEVATION �- 495 --_ - EXISTING CONTOUR & L' I N 30'35'00" E 60.00' I IRS ------------ --------------- --- 499 ----- --- - --------------- ---- e1 I BRICK STOOP 498 CoQ 35' 0) Q_ C) CD — 0) co' "i L cli FRAME [if m Lo Z SPLIT FOYER c:) tea ti 10-4' c'j WITH BRICK FACADE 0 LEGEND: IRF WM - WATER METER CO - SANITARY CLEAN OUT FFE - FINISHED FLOOR ELEV. GFE - GARAGE FLOOR ELEV. WPP - WOODEN POWER POLE WP - WOOD POST IRF - IRON ROD FOUND IRS - IRON ROD SET .(494.5) - EXISTING SPOT ELEVATION �- 495 --_ - EXISTING CONTOUR & L' I N 30'35'00" E 60.00' I IRS ------------ --------------- --- 499 ----- --- - --------------- ---- e1 I BRICK STOOP 498 CoQ 35' BRL 10.5' CD — 0) co' 39.1' FRAME [if m w SPLIT FOYER c:) C) C) DWELLING c'j WITH BRICK FACADE 'a 497 F.F.E (508.09) U) G.F.E. (497.76) 39.2' L-4 -------- --- 25' -- --- L -1 ---------- - ---- -- EIRIL IG (Typ -- . ---------------- PIN 53 -A-109 --- - -------- 496 00 SQ. FT. M UTIL Y LX WPP + S 30'35'00" W 60.00IRF PIN 53A—A-118 NIF DA WS DB 959 PC 450 NOTES: 1. NO TITLE REPORT FURNISHED. 2. EASEMENTS MAY EXIST THAT ARE NOT SHOWN ON THIS PLAT. 3. NO STREET ADDRESS POSTED AT TIME OF SURVEY. FLOOD NOTE: ZONE: C COMMUNITY NO.: 510063 PANEL: 0105 B DATE: 7/17/1978 SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE INFORMATION SHOWN ON THIS PLAT IS BASED ON AN ACTUAL FIELD SURVEY MADE UNDER MY SUPERVISION ON NOVEMBER 28, 2006 AND THAT TO THE BEST OF Mti KNOWLEDGE AND BELIEF THERE ARE NO ENCROACHMENTS OR VISIBLE EASEMENTS UNLESS SHOWN. HOUSE LOCATION & AS -BUILT TOPOGRAPHIC SURVEY OF THE LAND OF EAGLE PLACE INDUSTRIES, INC. INSTRUMENT NO. 060014375 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA I DATE: 11/29/2006 1 SCALE: V=20' 1 SHEET I OF 1 1 Marsh & Legge anSuryeyod rs,P.L.C.560OTH LOUDSTRT - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 - EMAIL office@marshandlegge.com LTH OP v C) Q. W �Marsh No. 001843 D DRAWN BY: CAJ DWG NAME: 07826-HLS-109 AGREEMENT VARIANCE (Number to be assigned by the P/ammng Dept.) 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) daygprior to a Z public hearjgg and meed so as to be visible from the mad 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 DANT DATE - A SIGNATURE OF OWNER -m-"- ---- " DATE 213 (if other than applicant) -OFFICE USE ®NLY BZA PUBLIC HEARING OF / '7 ACTION: - A APPROVAL SIGNED: BZA CHAIRMAN DENIAL DATE: Page 9 of 9 mom 53A -A-109 I n I EAGLE PLACE INDUSTRIES, INC. �- INST ,#060014375 O �* ZONED: RP h o f I USE- RESIDENTIAL I o rn kr) Lj S 5925100- E 90.00' IRF Q o IRF1 1 C-) CL 0 0 10' BRL 2 J O �I Im Q ASPHAL T DRIIVEWA Y CONCRETE BASEMENT ENT /RS 'q►- 10 53A—A-107 5,574 SO. FT (ORIGINAL) 5,529 SO.FT (ADJUSTED) ZONED. RP USE RE51DEN TIAL 30.5" 1 n 6.3 11150 I m W I m EX. 1—STORY Lr)pc, N N FRAME HOUSE I'-) p 110" BRL � _ I 30 5' 2.5 EX. PROP. LINE HEREBY VA CA TED 6.1' _N 5828'18" W 90.30' POINT _ ON ROCK 53—A -104A r_�WO�ODEINFENCE GEORGE N. & MARY JANE CARTER SCALE INST. #/030011527 20 40' , PLAT DB 799 PG DEMi,92 20 0 ZONED: RP USE. RESIDENTIAL LEGEND IRF — IRON ROD FOUND IRS —IRON ROD SET BOUNDARY LINE ADJUSTMENT BETWEEN THE LANDS OF NORMAN L. & NANCY L. TISLNGER DEED BOOK 963 PAGE 728 STONEWALL MAGIST ?L4LDISTRICT FREDERICK COUNTY, flArr. tIT107 1 INCH = 20 FEET SCALE 1 = 20" I SHEET 2 OF 2 Marsh & Legge Land Surveyors, — 560 NORTH LOUDOUN STREET WINCHESTER, VIRGINIA 22601 ' ry EMA1L office®marshandlegge.com PHONE (540) 667-0468 FAX (540) 667-04&9 _ .x%-, "VR OF � S.W. Marsh No. 001843 > 1gND SUR`f$�o DRAWN BY- MBB DWG NAME:7,985-BLA PLAT o 53A -A-108 I o� — 5,11_q SO. FT (ORIGINAL) h 5,404 SQ -FT. (ADJUSTED) ry ZONED: RP USE RESIDE TIAL i EX PROP. LINE 10" BRL HEREBY VA CA TED _ (PROP. LINE HEREBY CREATED) -_ IRS IRS 6--- I S 5925'00" E 90.14' " BRL I ASPHAL T DRIIVEWA Y CONCRETE BASEMENT ENT /RS 'q►- 10 53A—A-107 5,574 SO. FT (ORIGINAL) 5,529 SO.FT (ADJUSTED) ZONED. RP USE RE51DEN TIAL 30.5" 1 n 6.3 11150 I m W I m EX. 1—STORY Lr)pc, N N FRAME HOUSE I'-) p 110" BRL � _ I 30 5' 2.5 EX. PROP. LINE HEREBY VA CA TED 6.1' _N 5828'18" W 90.30' POINT _ ON ROCK 53—A -104A r_�WO�ODEINFENCE GEORGE N. & MARY JANE CARTER SCALE INST. #/030011527 20 40' , PLAT DB 799 PG DEMi,92 20 0 ZONED: RP USE. RESIDENTIAL LEGEND IRF — IRON ROD FOUND IRS —IRON ROD SET BOUNDARY LINE ADJUSTMENT BETWEEN THE LANDS OF NORMAN L. & NANCY L. TISLNGER DEED BOOK 963 PAGE 728 STONEWALL MAGIST ?L4LDISTRICT FREDERICK COUNTY, flArr. tIT107 1 INCH = 20 FEET SCALE 1 = 20" I SHEET 2 OF 2 Marsh & Legge Land Surveyors, — 560 NORTH LOUDOUN STREET WINCHESTER, VIRGINIA 22601 ' ry EMA1L office®marshandlegge.com PHONE (540) 667-0468 FAX (540) 667-04&9 _ .x%-, "VR OF � S.W. Marsh No. 001843 > 1gND SUR`f$�o DRAWN BY- MBB DWG NAME:7,985-BLA PLAT #154*( CURTIS W. MAY, ET UX TO DEED ! CECIL C. AFFLECK THIS DEID made and dated this 24th day of October, 1958, by 'and between Curtis W. May and Sue V. May, his wife, parties of the fig^st part; and Cecil C. Affleck, party of the second part. WITNESSETH: That for and in consideration of the sum of $10.00 and other good and valuable consideration, the receipt of allof which is hereby acknowledged, the said parties of the first part do hereby gr convey, with general warranty of title, unto the said party of the second part, in fee simple, all of that certain lot of land, together with � improvements thereon and the 1 mile north of appurtenances thereunto belonging, yang and Winchester in Stonewall Magisterial District, Frederick County, Virginia, containing 9,952 square feet, more particularly described by that certain plat and survey dated :October 20, 1958, prepared by Lee A. Zbert, C.L.S., hereto attached and by this re- ference of tthemade firssttrt of this part by deed�of Jacks n DeHaventhe same ,�roperty et ux, dated Januaryed to h22, 1955said 5,,r of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, In Deed Book 235, page 24, to which deed and the references therein, reference is ;made for a further description of the said property. The said parties of the first part covenant that they have the right to convey the said property; that the said property is free of any encum- brances; that the said party of the second part shall enjoy quiet possession to the said property and the said parties of the first part will execute such further assur- ances of title as may be requisite. Witness the following signatures and seals this date first :above written. SEAL)' CURTIS W. MAY REVENUE STAMPS $7.70 * SUE V. MAY (SEAL) State of Virginia County of Frederick, to -wit: I, Eula Shipe, a Notary Public in and for the County of Frederick, State of Virginia, do hereby certify that Curtis W. May and Sue V. May, his wife, whose names are signed to the foregoing writing bearing date the 24th day of October, 1958, have personally appeared before me and acknowledged the same in my County and State aforesaid. My commission expires October 19, 1960. Given under my hand this 24th day of October, 1958• I OOLD ROADWAY IRT. 7 LINE LOTS N -IRON PIN ppl�E 788' PT. BEG. N Lo Z w 800.4' 3 60.1' o to W>_ m I_ r, to cc Cr 0 li J 2 5-[PKE To —�Jll EGLA SNIPE Notary c Ez = O n iW FRONTING PURCELL , yye DRIVE 0 3 n pG' so N 32 04 E - 322 0 AHIN—C-9,952 S 53° 27'E- 11' O SQ. FT. J4' 5 24° 58' `lI 32 12, R522 D:/ n CERTIFIED CORRECT LEE & EIIERT. CA -S. %- The above Plat is a Survey of the Curtis W. May Lot. The said Improved Lot fronts hwestern i extending northwardly from theNorth Frederick Grade -U. a a(Foreman i, unnyside,in Stonewall District, Frederick County, Virginia: Beginning at an iron pin at the southwestern corner of the Lot, a corner to the Frye Lot, which pin is located by measuring 788 ft. northeastwardly along the original Patton - Stotler Line from a point in the northern line of the Old Roadway (Old Rt. #7), also by measuring 800.4 Ft. northeastwardly along the said line from a point in the northern line of the North Frederick Grade - U. S. #5221 running with a line of the Lots fronting Purcell Drive N 320 04' E - 322 ft. to an iron pin in a line of the Price Lot; thence with the said line S 53° 27' E - 11 ft. to an iron pin in the western line of the 12 Ft. Right -of -Way; thence with the said line S 240 58' W - 324 ft. to a stake corner to the said Frye Lot; thence with a line of the said Lot N 57° 30' W - 51 ft. to the beginning. Containing - - 9,952 Sq. Ft. LEE A. EBERT Surveyed - - - October 20, 1958• Certified Land Surveyor, Comm. of Virginia # 484. VIRGINIA FREDERICK COUNTY, (SCT. This instrument of writing was produced to me on the 24th day of October 1958 at 1:55 P. M. and with certificate of acknowledgment thereto annexed was admitted to record. ----- ' CLERK HOUSE LOCATION SURVEY LAND OF CHARLES 0. DENNY WILL BOOK 80 PAGE 543 STONEWALL DISTRICT FREDERICK COUNTY, VIRGINIA THIS LOT IS LOCATED IN HUD FLOOD ZONE Q. AREA OF YINIYAL-FLOODING AS SCALED FROM FIRM YAP 510063 0105 B EFFECTIVE JULY 17, 1978 CD J 0-16 N F DICKTRITON DB 791 P. 1383 S 30'01'38" W 40.00' � IRS IRS — — 00� 9�0 If) p ik�� z CL ago E Z a0 ePG w 0 W I TM 53A -A-98 I CO 3,502 SQ. FT. c z d ni op '2i f DRIVEWAY EASEMENT FOR THE ZO Z�' -F p --NEFIT OF TM 53A—A-58 & 99 'nQ e. HEREBY DEDICAIEL f I i STORY FRAME # 1116 I # 1112 C- Iz N I o a 28.3' Sri L- DERICK 62.5' TO M� 0 N. P _ N 30'35'09" E 40.00' r PURCELL LANE 30' RNV _ '4i r. NO TITLE REPORT FURNISHED VURSIENAtl No. 2727 of -1 ), Zooc �'1A,_ CoQ CHRISTOPHER A FURSTENAU, L.S. PC 133 WEST BOSCAWEN STREET SUITE 2 WINCHESTER, VIRGINIA 22601 54+0 542-1164 FAX 540 542-1183 SERVICES®CDFSURVEYS.COM MEMBER VIRGINIA ASSOCIATION OF SURVEYORS SEPT. 25, 2006 THIS IS TO CERTIFY THAT ON N, 1 "� 20' SEPTEMBER 25, 2008 THAT I MADE AN ACCURATE SURVEY OF THE PREMISES MAP: 53A–A-98 SHOWN HEREON AND THAT THRRR Al?j IIS IS TO CERTIFY THAT ON APRIL 17, 21,., THAT I MADE AN ACCURATE SURVEY OF THE PR—'LISES IOWN HEREON AND THAT THERE ARE NO EASEMENTS OR ENCROACHMENTS VISIBLE ON THE GROUND OTHER ' IAN THOSE SHOWN HEREON. TRITON 79{/1383 STINE O pow f\ I � THIS LOT IS LOCATED IN FLOOD ZONE C, AREA OF MINIMAL FLOODING AS SHOWN ON FIRM MAP # 510063 3,518 0105 B EFFECTIVE JULY 17, 1978 m 0 cD (n i I � i 0 0 m r. ¢ r r 00 00 cr) DECK p W PI 3 9y0 Aa6 Q O O O 5.6' _ r d Ln ,n a m U3 Ln O Ln 11/2 story M OD z — Ln frame I a z w A IIoB 3 0 0 D 10.6' Z, x GRAVEL j ' DRNE 0 DAVID K U PORCH o 12.9' AY W No. W5 222' ! 10 N 30035.26"E 40.00' Norlb Fredorkk Plke PURCELL LANE LAND OF ( 30' WIDE ) T. P. AND SUSAN M. GOODMAN STONEWALL 0I5TRICT FREDERICK COUNTY, VIRGINIA HOUSE LOCATION SURVEY DATE: APRIL 17,'2002 SCALE: I" _ 15' ! ` RVSc SURVEYING FVTENA `AU tax map 53A -A-97 III SOUTH LOUDOUN STREET DEED REF. BB. 836 P. 1157 WINCHESTER, VIRGINIA (540) 662-9323 '` 4- iFGFND IRF Iran Rod Found 8 \ 'loco 4orco \ S 8K799PG1392 Nr �g \ SURVEYOR S CERTIFICATE the l� \ his wife, by deed dated 25 May 1990 and recorded I hereby certify that the information shown on this among the land records of Frederick County, Virginia plat Is based on on actual Neld survey mode under AC my supervision and there are no encroachments or !. No title report furnished. visible eosements unless sshoown. ^ 'CAS 3. This lot does note. within c H.U.O. designated C 1. The lot represented by this plot was conveyed SURVEYOR S CERTIFICATE to Frank V. Sherwood, Jr_ and Beverly J. Sherwood, his wife, by deed dated 25 May 1990 and recorded I hereby certify that the information shown on this among the land records of Frederick County, Virginia plat Is based on on actual Neld survey mode under In Oead Book 745 at Page 736. my supervision and there are no encroachments or !. No title report furnished. visible eosements unless sshoown. ^ 'CAS 3. This lot does note. within c H.U.O. designated C 100 year flood zone. '�/glLr,6L� -�t�ay p', 1t led • Douglas C. Legge,'C.LS. and with certffita t.ecknowiedgment thereto annexed BUILDING LOCATION SURVEY was admitted to r Tex Imposed try Se,:. 58-54.1 of Of 4%�•.3�and 5&r544 ha/vie been peld , if a;se mble. PREMISES LOCATED AT T H OF CLERK rJ APV y 1144 PURCELL DRIVE J -p STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA 7 D U E ❑ CERTIFICATE NO. .-. DATE: JUNE 29, 1993 1 SCALE: 1"=20' 1 SURVEY DATE: JUNE 17, 1993 1 gilbert w. clifford & associates, inc. 1� RF D � ENGINEERS - LAND PLANNERS - SURVEYORS LAND I O:de 0—wkh Drf a 200 North Com— St.. Fredakkrburg. V glnb 22401Wlncha�ler, Wglnlo 21601 (703) 667-2:. (703) e96-2115 VIRGINIA: FREDERICKMURTT, PLAT b: NLPD1144.DWG This�Instrtlmlult d In8 was prodcadcc�ad to ma an the -�t�ay p', 1t led and with certffita t.ecknowiedgment thereto annexed was admitted to r Tex Imposed try Se,:. 58-54.1 of 4%�•.3�and 5&r544 ha/vie been peld , if a;se mble. CLERK rJ 7563-8039 EBY/cmj ¢ o M N N N od 1p 0000 o " Q U �Q0.5 U F- 0 THIS DEED, made and dated this 27`h day of July, 2006 by and between JAMES G. GIBSON, hereinafter called the Grantor, and EAGLE PLACE INDUSTRIES, INC., a Virginia Corporation, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantor does grant and convey, with General Warranty and with English Covenants of Title, unto the Grantee, in fee simple, together with all rights, rights of way, privileges improvements thereon and appurtenances thereto belonging, all of the following realty: All of those two (2) certain lots or parcels of land together with all improvements and appurtenances thereto belonging, lying and being situate along the Eastern side of Purcell Drive at Sunnyside, about one mile Northwest of Winchester, in Stonewall District, Frederick County, Virginia, fronting on said Purcell Drive a distance of 120 feet, and extending back Eastward between parallel lines a distance of 90 feet, described as PIN #53A -A-109, containing 5,400 square feet and PIN #53A -A-111, containing 5,400 square feet, and further more particularly described by plat and survey drawn by S. W. Marsh, L.S., dated July 5, 2006 attached hereto and made a part hereof as if set out in full. AND BEING the same property conveyed to James G. Gibson by Deed from Daisy L. Peacemaker, by her Guardian and Conservator, Pam Peacemaker, dated June 29, 2006 of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, as Instrument Number 060012443. Reference is hereby made to the aforesaid instruments and the references contained therein for a further and more particular description of the property conveyed herein. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty. The Grantor does hereby covenant that he has the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and 1 encumbrances; and he will grant such further assurances of title as may be requisite. WITNESS the following signature and seal: JAMES G. GIBSON STATE OF VIRGINIA COUNTY OF FREDERICK, To -wit: (SEAL) I, Cathy M. Jewell, a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that James G. Gibson, whose name is signed to the foregoing Deed, dated this 27`h day of July, 2006 has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 26`h of July, 2006. My commission expires: 12/31/08. Notary Public Pa VARIANCE APPLICATION #13-07 EAGLE PLACE IND., INC. Staff Report for the Board of Zoning Appeals Prepared: August 30, 2007 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: September 18, 2007 - Action Pending LOCATION: 1164 Purcell Lane (Route 72 1) MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 53A -A-111 PROPERTY ZONING & USE: Zoned: RP (Residential Performance) District Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RP (Residential Performance) Use: Residential South: RP (Residential Performance) Use: Residential East: RP (Residential Performance) Use: Residential West: RP (Residential Performance) Use: Residential VARIANCE REOUESTED: The applicant is requesting a 14 foot rear yard variance, resulting in a rear yard setback of 11 feet, for the construction of a wooden deck. REASON FOR VARIANCE: The applicant built a deck without a building permit over the rear setback. Variance #13-07, Eagle Place Ind., Inc. August 30, 2007 Pas4e 2 This application was postponed from the meeting of August 21, 2007 at the request of the applicant. STAFF COMMENTS: 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 applicant 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 applicant 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 building setbacks within the RP Zoning District are front 35 feet, sides 10 feet and rear 25 feet. The applicant's building permit had building setbacks of front 3 8 feet, sides 10.5 feet and rear 26 feet. The applicant was required to submit a house location survey, as required by the zoning ordinance, for any primary structure located five (5) feet or less from any minimum setback. The setback survey placed the single-family dwelling at 25.3 feet at the rear BRL as shown. The applicant has applied for a 14 foot variance that, if approved, will result in a rear setback of 11 feet, to allow for this deck. (See attachments) STAFF CONCLUSIONS FOR THE SEPTEBER 18, 2007 MEETING: The Code of Virginia 15.2-2209 (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. This application for a variance does not meet the requirements as set forth by The Code of Virginia 15.2-2209(2), and the Frederick County Zoning Ordinance and staff would recommend denial of this variance application. The strict application of the Frederick County Zoning Ordinance does not produce an undue hardship as required by the Code of Virginia. This violation of the setback requirements was self-inflicted, as the deck was constructed without a building permit. TY may, of U i L `m y✓' L U d - � n c 01 (r � LL =LLa�fn vain r=�r�n �0i,a �I O I aJ i O rr Li A cC '� U h`I M CJ c E Q ✓l � y U � ca IE i •a nom- ^¢'3 > s �— o c w '•. ti c • L o � hr"1 w: � �Oroe� J IC i i I i I s t f f f C tw .. 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W O �.-- m LO y F ^ R co Ln H O W N Z >' Z ... u+ ' a7 N ._ -- :-o Z_ Q O ==_ m Q o W W W 0 F N �O � C c o L .41 a> V m C � C � C Q a ce) V W W W 0 F N �O � C c o L .41 a> - m C � C � C Q a ce) V v, cn -,. 0.-+3eL t'Ja c 11 eo � Iq M I 0ma L H Z O OD Cr w o z v O of Ln L N 7 -: M 00 3 x LL a c Uf z -N, LU N o O �.-- m LO ^ .Q O N O >' N Z_ Q O ==_ m Q (fl r O -: M U oco � o - z QL - F -_- a CLX u, m W _ ;t r LU m 41 uu cc 0 W W W 0 F N �O � C a> - m C � C � C Q a ce) V -,. 0.-+3eL 11 eo Iq �► �N a M w I APPLICATION FOR VARIANCE /3-01 IN THE COUNTY OF FREDERICK VIRGINIA MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner other PLE(Check one 2. APPLICANT: NAME: 4 ADDRESS AO' wlvp Iii. '�<-- TELEPHONE: OCCUPANT: (if different) NAJVffi: ,��l�C- 1 +►�:c��Jl"'r ADDRESS: L h mi _CC_- J 6 Viz TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): 2-Z 2-1 lmc- 4. The property has a road frontage ofi feet and a depth of feet and consists of —acres (please be exact) - ell Page 5 of 9 5. Theproperty is owned by as evidenced by deed from P r�� `> recorded (p IOUs owner in deed book no. t f�� mon e Ay ) Court for Frederick County. Please b a opy of the recorded deed. Clerk of the 6. Magisterial District: G� r:. 7. Property Identification No.: 8. The existing zoning of the property is:1Z P 9. The existing use of the property is: > 10. Adjoining Property: USF 7 O G North APaig'a'#G�_ East`r\ South t -� � -- West 11. Describe the variance sought in terms of distance and type. rear yard variance for as attached two -car garage.Iq ") dor example: "A 3.5' f� vn 9 Ve, t ud 12. List specific reason($) 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 developq G1xq nt of property im ncdi Page 6 of 9 y adjace t thereto 13- Additional comments, if any: A. V&-- t.S ,-J 6P c 2- 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 notified by mail of this application: Address Property ID # Address Property ID # Address Property ID Address Prop" ED # Page 7 of 9 316 --I NAME Property ID #_ > t':A15 kviv-LI Address Property 11) Address e) yI Pi'o Property ID # ,4M Address On - P p roPerty ID # 73/e/ —XV 7 rV) Address Property ID # Address Property ID # Address Property ID Address Prop" ED # Page 7 of 9 316 --I 15. Provide a sketch of the property (you may use this page or attach engineer's drawing). Show proposed and/or existing structures on the property, including measurements to all property lines and to the nearest structure(s) on adjoining properties. Please include any other exhibits, drawings or photographs with this application. Page 8 of 9 895± TO INTX. RTE. 522 IRS -- OF - 1 499 I1�ER1D,P� 00096�h, - 498 -. �i o- 0 o wl CDf V L0 U) 1 9F'y W h PURCELL LANE VA. SEC. RTE. 721 (Variable Width R15 -a 9 �1 N 30°35'00" E 60.00' _ I -T-- �L - -'00" -------- - I. --`--_ - ---------------- w t - -^ ----- SPLIT FOYER o hihi i W d DWELLING o I U -)Q N N WITH BRICK FACADE I cif p BRICK+`aAb�,9\ 1'!STOOP ICS = Z O 39.2' J m 0 10.4' L7� 1 D"'_ k - (-i ` D I67 (o 9' STRIP OF LAND 35 +` I I I. --`--_ ---- 35 39.1' 166 M :'°�, +`9, FRAMEm J w t - -^ ----- SPLIT FOYER o i W d DWELLING o I U -)Q c� N WITH BRICK FACADE F.F.E. (508.51) G.F.E. (498.27) Loij = Z O 39.2' -- 49;, ARL 6,1 �l€ NG (TYP. -FT, N l/ 496 0/H UTILITY ALINE 1 LEGEND: IRF S 30°35'00" W 60.00 WM - WATER METER PIN 53A -A -I18 CO - SANITARY CLEAN OUT NIF DA WS FFE - FINISHED FLOOR ELEV. DB 959 PG 450 GFE - GARAGE FLOOR ELEV. WPP - WOODEN POWER POLE FLOOD NOTE: WP - WOOD POST IRF - IRON ROD FOUND ZONE: C IRS - IRON ROD SET COMMUNITY NO.: 510063 PANEL: 0105 B x(494.5) - EXISTING SPOT ELEVATION DATE: 7/17/1978 495 - EXISTING CONTOUR SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE INFORMATION NOTES: SHOWN ON THIS PLAT IS BASED ON AN ACTUAL 1. NO TITLE REPORT FURNISHED. FIELD SURVEY MADE UNDER MY SUPERVISION ON 2. EASEMENTS MAY EXIST THAT ARE NOT NOVEMBER 28, 2006 AND THAT TO THE BEST OF MY SHOWN ON THIS PLAT. KNOWLEDGE AND BELIEF THERE ARE NO 3. NO STREET ADDRESS POSTED AT TIME OF ENCROACHMENTS OR VISIBLE EASEMENTS SURVEY. UNLESS SHOWN. HOUSE LOCATION & AS -BUILT TOPOGRAPHIC SURVEY OF THE LAND OF (KI LTH OFEAGLE PLACE INDUSTRIES, INC.INSTRUMENT NO. 060014375 STONEWALL MAGISTERIAL DISTRICTFREDERICK COUNTY, VIRGINIA . W. Marsh 0018 3 DATE: 11/29/2006 I SCALE: 1"=20' I SHEET 1 OF 1 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 - EMAIL office@marshandlegge.com 0. S Li RIJ DRAWN BY: CAJ DWG NAME: ID7826-HLS-111 AGREEMENT VARTANCE ;l /� - 0'7 (Number to be assignrd by the Planning Dept) I (we), the uuucrsignned, do hereby respecttu ly mare 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 t seven 7 dgy5 prioro BZA public LesWng and maintained so as to be visible from the road or right -of --way iiritil the hearing. I hereby certify that all of the statements and information contained herein are, to the best of my knowledge, true. SIGNA CAI'aiT DA'Z'E SIGi®IATITRE OF OWNER" _ ��c �? DATE (if other than applicant) -OFFICE IJS�E O�L,'Y� BZA PUBLIC HEARING OFACTION: -DA( �- APPROVAL SIGNED: BZA CHAIRMAN DENIAL DATE: page 9 of 9 K 53A -A-109 EAGLE PLACE INDUSTRIES, INC- INST. ,ff060074375 ZONED: RP USE.- RESIDENTIAL I � J !II S ho I o W I �QaN,ct - N IRE _ S 5975'00' E 90.00" _ IRF Q a t rn m Z 4 OQ~Q:" 0 10, BRL- f I I mom 00 00 �Io 53A -A-108 5, 179 SO.F7: (ORIGINAL) `� d 5,404 SO -FT. (ADJUSTED) N ZONED: RP - USE- RESIDENTIAL N EX PROP. LINE 10, BRL J HEREBY VA CA TED W Q I (PROP. LINE HEREBY CREATED) IRS IRS 0 -- S25'00E 90.14' I o _ rn o Lf) CL(�, CONCRETE BASEMENT ENT r 10 53A -A.-107 T (ORIGINAL) 5,814 SO.FT. ^ lz o Z 5,529 SO.FT. (ADJUSTED) C.Q Z m ZONED. RP p o Q - USE RESIDENTIAL o p Lu p mW 30.5' I 'n 6.3 1150 I m W I m I Ln -STORY �n HOUSE ' acs N i 09 010' YINFURA�ME 3 BRL _30.5' 2. EX PROP. LINE HEREB Y VA CATED_ N 5878'18' W 90.30' POINT — a ON ROCK _ 53 -A -104A �y00DEN FENCE GEORGE N. & - - MARY JANE CARTER SCALE INST. #030011527 DB 799 PG 1392 0 20 40' PLAT �- 20' ZONED: RP _ USE: RESIDEN 77AL _ LEGEND IRF - IRON ROD FOUND 1 INCH = 20 FEET IRS - IRON ROD SET BOUNDARY LINE ADJUSTMENT BETWEEN THE LANDS OF NORMAN L. & NANCY L. TISINGER DEED BOOK 963 PAGE 723 STONALL p RICK A FREDERICK COUNTY, KRGINIA DATE' JIJIO7 SCALE-.• 1 ' = 20 LI) �TH OF. Mars001843 IT 1 0SHEET 2 OF 2 ., S. Marsh & Legge Land Surveyors,P= 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 FAX (540) 667-0469 - ENAIL offiice®marsh-dlegge.com DRAWN BY: MBB DWG NAME: 7985-BLA PLAT I if154- CURT MAY, ET UX * _�' r"' 11 ) I I TO DEED _ �•� ;CECIL C. AFFLECK h ^ �^� THIS DEID made and dated this 24th day of October, 1958, by and between Curtis W. May and Sue V. May, his wife, parties of the first part; and \,Cecil C. Affleck, party of the second part. WITNESSETH: That for and in consideration of the sum of Q$10.00 and other good and valuable consideration, the receipt of all of which is II; hereby acknowledged, the said parties of the first part do hereby grant and convey, wit9�7 allhofethaticertainty of lot ofilland,unto the togethersaid wi h ttheyof the improvements�therreon andart, in iee thesimple, :appurtenances thereunto belonging, lying and being situate about 1 mile north of `Winchester in Stonewall Magi-sterial District, Frederick County, Virginia, containing '9,952 square feet, more particularly described by that certain plat and survey dated :October 20, 1958, prepared. by Lee A. Ebert, C.L.S., hereto attached and by this re- ference made a part of this deed, being the same property conveyed to the said par- ties of the first part by deed of Jackson DeHaven, et ux, dated January 22, 1955, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, :in Deed Book 235, page 24, to which deed and the references therein, reference is ;made for a further description of the said property. The said parties of the first part covenant that they have rthe right to convey the said property; that the said property is free of any encum- brances; that the said party of the second part shall enjoy quiet possession to the said property and the said parties of the first part will execute such further assur- .iances of title as may be requisite. Witness the following signatures and seals this date first :above written. CURTIS W. MAY (SEAL) REVENUE STAMPS $7.70 * SUE V. MAY (SEAL) �iCANCELLED State of Virginia County of Frederick, to -wit: I, Emla Shipe, a Notary Public in and for the County of Frederick, State of Virginia, do hereby certify that Curtis W. May and Sue V. May, his wife, whose names are signed to the foregoing writing bearing date the 24th day Of October, 1958, have personally appeared before me and acknowledged the same in my County and State aforesaid. My commission expires October 19, 1960. Given under my hand this 24th day of October, 1958. EULA SHIPE Notary c 3 I O OLD ROADWAY Ir IRT. 7 -LINE LOTS a N 0 788`PIN PT. IRONBEG. POI E N Z w 800.4` 3 60.1`1 0 U)m tnL3 YH M ¢ 0 'n O. z �STAKE 'To zz iW FRONTING PURCELL „ . to DRIVE 10M 3,4 s. N 32" 04' E - 322' S 53' 27'E- I I` O R SMO. 9,952 SQ. FT. J 12 r 5 24' 58' ,�� - 3242 R -O- a u R L 22 a CERTIFIED CORRECT LEE A. E/ERT, C.L.S. SC's A 1< /_ The above Plat is a Survey of the Curtis W. May Lot. The said Improved Lot fronts the western line of a 12 Ft. Right -of -Way (Foreman Drive) extending northwardly from the North Frederick Grade -U. S. ,'#522, at Sunnyside, in Stonewall District, Frederick County, Virginia: Beginning at an iron pin at the southwestern corner of the Lot, a corner to the Frye Lot, which pin is located by measuring 788 ft. northeastwardly along the original Patton - Stotler Line from a point in the northern line of the Old Roadway (Old Rt. #7), also by measuring 800.4 Ft. northeastwardly along the said line from a point in the northern line of the North Frederick Grade - U. S. '#522, running with a line of the Lots fronting Purcell Drive N 32' 04' E - 322 ft, to an iron pin in a line of the Price Lot; thence with the said line S 53° 27' E - 11 ft, to an iron pin in the western line of the 12 Ft. Right -of -Way; thence with the said line S 24' 58' W - 324 fot, to a stake corner to the said Frye Lot; thence with a line of the said Lot N 57 30t W - 51 ft, to the beginning. Containing - - 9,952 Sq. Ft. LEE A. EBERT Surveyed - - - October 20, 1958.Certified Land Surveyor Comm. of Virginia # 484. VIRGINIA FREDERICK COUNTY, (SCT. This instrument of writing was produced to me on the 24th day of October 1958 at 1:55 P. M. and with certificate of acknowledgment thereto annexed was admitted to record. ------- -. 1CLERK HOUSE LOCATION SURVEY LAND OF �►E= CHARLES 4. DENNY WILL BOOL: 80 PAGE 543 STONEWALL DISTRICT FREDERICK COUNTY, VIRGINIA THIS LOT IS LOCATED IN HUD FLOOD ZONE C. AREA OF MINIMAL- FLOODING AS SCALED FROM FIRM YAP 510083 0105 B EFFECTIVE JULY 17, 1978 c) rn N F DICK TRITON DB 791 P. 1383 S 30"01'38" W 40.00' �Tr' — — IRS Z CL W Z 00 Q� w0 w I TM 53A—A-98 ! 00z 3,502 SQ. FT. m!� I z DRIVEWAY EASEMENT FOR THE 3--u BENEFIT OF TM 53A -A-98 & 99 'n Q O HEREBY DEDIC Errr o F- ' f STORY ! FRAME 1116 ! ! # 1112 N !z 28.3' 1 N 30.35'09" E 40.00' PURCELL LARNE 30' R/W NO TITLE REPORT FURNISHED 262.5' TO N. FREDERICK W.' IRS F ,rNO CHRISTOPHER D. FURSTENAU, L.S. PC f 133 WEST BOSCAWEN STREET SUITE 2 WINCHESTER, VIRGINIA 22601 540 542-1164 FAX 540 542-1183 SERVICES@CDFSURVEYS.COM MEMBER VMGMA ASSOCIATION OF SURVEYORS CHRISTOPHER D.URSTEh1Alj FATE: SEPT. 25, 2006 THIS IS TO CERTIFY THAT ON SCALE: 1— zo No. 2727 SEPTEMBER 25, 2008 THAT I MADE AN ACCURA�' TAX SLAP: 53A—A-9,9SHOIFYTHE ONEAND THAT THRRRSARR THIS IS TO CERTIFY THAT ON APRIL 17, 2002 THAT I MADE AN ACCURATE SURVEY OF THE PREMISES SHOWN HEREON AND THAT THERE ARE NO EASEMENTS OR ENCROACHMENTS VISIBLE ON THE GROUND OTHER THAN THOSE SHOWN HEREON. TRITON 791/1383 STINE ° ..1pip. "f tt— `�' 3,518+ to "r 0 w m I � c� 0 Ir C6 p m fd :c O O N O M N Z I 1 THIS LOT IS LOCATED IN FLOOD ZONE C, AREA OF MINIMAL FLOODING AS SHOWN ON FIRM MAP # 510063 0105 B EFFECTIVE JULY 17, 1978 222' i 10 Norib Fredarkk Pike DAVID M Fi1F'SIVU 90.1455 ,//-/" e, V, Ato q4E PURCELL LANE LAND OF ( 30' WIDE 1 T. P. AND SUSAN M. GOOOMAN STONEWALL DI5TRICT FREDERICK COUNTY, VIRGINIA HOUSE LOCATION SURVEY OATS: APRIL 17,2002 NG KALE: I" = 15' �� tax map 53A -A-97 III SOUTH LOUDOUN STREET DEED REF. BB. 836 P. WINCHESTER, VIRGINIA (540) 662-9323 _ 4- i I ao , r r` m DECK W O O 5.6' d' lf1 29.5' to O EDO in 1 1/2 Story 1T} frame t,.l It 1108 0 10.6' ' 0 PORCH o 12.9' N N 3003526"E 40.00 - to "r 0 w m I � c� 0 Ir C6 p m fd :c O O N O M N Z I 1 THIS LOT IS LOCATED IN FLOOD ZONE C, AREA OF MINIMAL FLOODING AS SHOWN ON FIRM MAP # 510063 0105 B EFFECTIVE JULY 17, 1978 222' i 10 Norib Fredarkk Pike DAVID M Fi1F'SIVU 90.1455 ,//-/" e, V, Ato q4E PURCELL LANE LAND OF ( 30' WIDE 1 T. P. AND SUSAN M. GOOOMAN STONEWALL DI5TRICT FREDERICK COUNTY, VIRGINIA HOUSE LOCATION SURVEY OATS: APRIL 17,2002 NG KALE: I" = 15' �� tax map 53A -A-97 III SOUTH LOUDOUN STREET DEED REF. BB. 836 P. WINCHESTER, VIRGINIA (540) 662-9323 _ 4- i -Y Pr' i S c iF417 v � F a Off` Op. � a / T Ge r RR p:4 9 vetch h $plMe In Rad 1519 19 8 \ s 0 IRF I FGFND IRF Iran Rod Found / / The lot represented by this plot was conveyed SURVEYOR'S CERTIFICATE to Frank V. Sherwood, Jr, and Beverly J. Sherwood, his wife, by deed dated 25 May 1990 and recorded I hereby certify that the information shown on this among the land records of Frederick County, Virginlo plat Is based on an actual field survey mode under in DeedBook 745 at Page 736. my supervision and there ore ne encroachments or No title report furnished. visible easements �.u�/nll�ess��sh�/o/wn//') This a does nal lie within c H.U.D. designated G�""7/u6/ C..-. 100 year flood zone. Douglas C. Legge, C.L.S. BUILDING LOCATION SURVEY of S H OF PREMISES LOCATED AT 1144 PURCELL ERNE STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA fnu E O CERTIFICATE Nil. .-. DATE: JUNE 29, 1993 SCALE: 1"=20' SURVEY DATE: JUNE 17, 1993 U � a g4bert w. clifford & associates, Inc. RTIF D � ENGINEERS - LAND PLANNERS - SURWLYORS LAND 150-C D:de Green kh Dere 201 North C-1- Sheet SUR VEYDR Fraderkkebury. Vkglnb bbl mnrheeler.Wylnlo 22601 (7a3) E9e-2115 (71]) 667-2739 VIRGINIA: FREDERICK PLAT a: 14LPD1144.DWG This/Isnstruawrt of was p,aduud to m'a/an the �1 (� day �191C.1ahvmto Pati and with certltica tackllowledgnrent thereto annexed was admitted to r Tax Imposed tri �:. 5&54.1 of 7�-5e) and 58.54 have been paid, it a,seisable. / CLERK / ��✓' i Ci L/ IJ& Qa %`-.4 t V k bat, •e'♦ ►6iii s • res+� 9�e� ►e+e� iei� ►e+e� iei� ►e+e� " iei� ►+ee. �ee� ►e�e� ieee ►e�e� ie+� ►e�e� �ee� seee� `t= ld Lik cel SCULLY I 8 GLASS ATTORNEYS AT LAW 20 SOUTH KENT STREET WINCHESTER, VIRGINIA 22601 070009947 N.) THIS DEED, made and dated this 18th day of June 2007, by and between EAGLE PLACE INDUSTRIES, INC., party of the first part, hereinafter called the Grantor; and RICHARD F. LINEDERG, party of the second part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other good and valuable consideration, receipt whereof is hereby acknowledged, the Grantor does grant and convey, with General Warranty and with English Covenants of Title, unto the Grantee, in fee simple, all of the following realty: All of that certain lot or parcel of land, together with the improvement thereon and the appurtenances thereunto belonging, lying and being situate in Stonewall District, Frederick County, Virginia, described as PIN #53A -A-111, containing 5,400 square feet, more or less, as shown on plat entitled "Plat of Consolidation of the Land of James G. Gibson", prepared by S. W. Marsh, L.S_, dated July 13, 2006, attached to the Deed of record in the Office of the Clerk of the Circuit Court, Frederick County, Virginia, as Instrument No. 060014375; AND BEING a portion of the same property conveyed to Eagle Place Industries, Inc., by Deed dated July 27, 2006, from James G. Gibson, of record in the aforesaid Clerk's Office as Instrument No. 060014375. Reference is here made to the aforesaid instruments, the attachments thereto and the references therein contained for a further and more particular description of the property hereby conveyed. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty. SCULLY GLASS ATTORNEYS AT LAW 20 SOUTH KENT STREET WINCHESTER, VIRGINIA 22601 Cn WITNESS the following signature and seal: Eagle Place Industries, Inc. -TRmes G. 9; bs"n STATE OF VIRGINIA COUNTY OF FREDERICK, to -wit - EAL) 1, Tina R. Ladd, a NotaryPublicin and for the State and jurisdiction aforesaid, do hereby certify that __ l lily f 0 - Jr bSo/) , whose name is signed to the foregoing Deed, bearing date of the 18th day of June 2007, has this day personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 18th day of June 2007. NOTARY OUBI' VIRGINIA: FREDERICK COUNTY,SCT. My commission expires January 31, 2011. This instrument of writing was produced to me on �D o?DD 7 at 1 '- 0 hyn and Nkiih certificate acknmvled�ement thereto annexe,9 was admitted to record. Tax imposed by Sec. 58.1-024 S X5000 , and 58.1 -,SU I have been paid, if assessable- 6,�-t 1-9'. ) , Clerk `��:.tfiFtaNeerta:rerre ... VARIANCE APPLICATION #15-07 JEREMY AND DEBORAH KIDWELL Stag Report for the Board of Zoning Appeals Prepared: September 6, 2007 Staff Contact: Lauren E. Krempa, Planner I 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: August 21, 2007 Tabled, no proposed drainfield shown September 18, 2007 — Action Pending LOCATION: Dunbar Lane, Lot 16, approximately 350 feet from Bryarly Road MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 42-A-117 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) Land Use: Residential and Vacant ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) South: RA (Rural Areas) East: RA (Rural Areas) West: RA (Rural Areas) Use: Residential Use: Vacant Use: Residential Use: Residential VARIANCE REQUESTED: The applicant is requesting a 40 foot front yard variance, resulting in a front yard setback of 20 feet, and a 36 foot variance on each side, resulting in a side yard variance of 14 feet on each side, for the construction of a single family dwelling. REASON FOR VARIANCE: This property has a width of 60 feet and a depth of approximately 135 feet; therefore, current setback requirements for the RA zoning district eliminate buildable area on the property. Variance #15-07, Jeremy Kidwell September 6, 2007 Page 2 STAFF COMMENTS: Frederick County adopted zoning in 1967. The Frederick County historical zoning map shows this property was zoned A-2 (Agricultural General) in 1967. The property setback lines at the adoption of the zoning ordinance were 35 feet for the fronts and 15 feet for the side yards. Frederick County amended its Ordinance in 1989 to change the A-2 zoning districts to the current RA (Rural Areas) Zoning District making the current setbacks for the property: 60 feet to the front, 50 feet to the rear, and 50 feet to both sides. The applicant is requesting a front yard variance of 40 feet from the current 60 foot setback requirement and a 36 foot variance on each side. These requests result in a new front setback of 20 feet and a new side setback of 14 feet (on both sides). Most of the dwellings in the vicinity of this variance request are located close to the road and have small side yard setbacks. If enforced, the setbacks for the RA zoning district would eliminate a buildable area on this lot. After the previous meeting, the applicant did verify that a 40 foot reduction of the setback is all that is needed from the current 60 foot requirement for this property. In addition, drain fields are permitted on adjoining properties provided that the necessary easements can be obtained. Staff feels that the location of a drainfield for this property does not negatively impact the variance request and that the variance request is justified. STAFF CONCLUSIONS FOR THE AUGUST 21, 2007 MEETING: The Code of Virginia 15.2-2209 (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. The applicant is seeking a 40 foot front yard variance and a 36 foot side variance on both sides in order to build a single family dwelling. Should this variance be granted, the building setbacks for this property would change to 20 feet to the front, 14 feet to the left side, 14 feet to the right side, and remain 50 feet in the rear. It appears that this variance meets the intent of the Code of Virginia, Section 15.2-2309 (2). This request from the current setbacks of the RA zoning district may be justified. • w 42 A 249 N 42 ALI, p26D 1y, HICKS, DAVID A ¢ o MOHAMME ry Ste'" grY�rly'R� w w Y c ¢ O S Z O os oa "' < �• Q= NQ ¢ W z ¢ ` .6� '' Q � m Q m W tL rri 06 ti 1: rta ¢W ,�W J m oro d o p j m c K v W L U J J W o x LUTTRELL,VIR i F Y �. it 42 A 101 Al P EN�S�� 0 MICHAEL, WANDA L PLp„ I < I 42 429 100Y, KAREN 42 A 117 w WAN FADE LE MICHAEL, KIDWELL, JEREMY M 42A 1 13 ADAMS,KYLEH u 4t SINGH� N Q C p 99 ,�RATHORE, GHARpNJl7 N 42A 1 15 .„ _. N Z KYLE POWELL'SINVESTMENT,LLC W U _ x c = C 42 A ,121 MICHAEL,PipN�DAL. Qo , ao� _ oa W - fv 2 rn 42 A 124 KIDWELL, DONALD WAYNE Dunbar.St n 3 b37>3O 'GOO ¢ �o elz If My3pNn to a;:.a 1213971M'H3AV3N�7' �I � a SZl y 76 H139VZ113 e'31VO34OOIS Q V ZV s i ct U �. 0� "C3 Q P > U ~' T = U v —{ O o M c r C m E�i I v v LL' S LL¢ J Wn m E u m cn u m w -o H N R • w 42 A 249 N 42 ALI, p26D 1y, HICKS, DAVID A ¢ o MOHAMME ry Ste'" grY�rly'R� w w Y c ¢ O S Z O os oa "' < �• Q= NQ ¢ W z ¢ ` .6� '' Q � m Q m W tL rri 06 ti 1: rta ¢W ,�W J m oro d o p j m c K v W L U J J W o x LUTTRELL,VIR i F Y �. it 42 A 101 Al P EN�S�� 0 MICHAEL, WANDA L PLp„ I < I 42 429 100Y, KAREN 42 A 117 w WAN FADE LE MICHAEL, KIDWELL, JEREMY M 42A 1 13 ADAMS,KYLEH u 4t SINGH� N Q C p 99 ,�RATHORE, GHARpNJl7 N 42A 1 15 .„ _. N Z KYLE POWELL'SINVESTMENT,LLC W U _ x c = C 42 A ,121 MICHAEL,PipN�DAL. Qo , ao� _ oa W - fv 2 rn 42 A 124 KIDWELL, DONALD WAYNE Dunbar.St n 3 b37>3O 'GOO ¢ �o elz If My3pNn to a;:.a 1213971M'H3AV3N�7' �I � a SZl y 76 H139VZ113 e'31VO34OOIS Q V ZV I� 5 < � E 0 \�/\\/\0{\\ \ \«\ ' >/¢ \\\\Z.n o \ � 5 < \�/\\/\0{\\ \ 2 \\\\Z.n o \ / \ ■■■§ ■■ i - EL / ) = o /\}@■\k\}\� '| 2 < 5 < E NT r � z y E ?r v E u a 3 LL Sii4�c7�.�a`fn��fn n a C N E C) U 6 CUQ APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA -OFFICE USE ONLY - Variance Applicationo. 1 Submittal Deadline: Submittal Date: /611 7 For the meeting of, Fee Paid: initials: .4 Sign Deposl MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner other . (Check one) 2. APPLICANT: 3 H NAME: (W l& 47?,o ADDRESS I&I"4Y,76bXZ-�3 fZ � L TELEPHONE -36,14- EU6 --3&)& / OCCUPANT: (if different) NAME: ADDRESS: 409-" 60,V'!5we Z TELEPHONE: U6 72 -_-74o The property is located at (give exact directions and include State Route numbers): F ce- I C) a -') (Z,, -F 17 4, s27. i\j j I\J' � i' 5 & CT- 10 -ki ) 14 � V.3.) N () la- —I /A atDi FY EL IK NJ L 01--'T 0 NJ 'trL1AVZ1,%-(' IZIQ '1 11 The property has a road frontage of y0, 0?-) feet and a depth of feet and consists of - , IVY _acres (please be exact). Page 5 of 9 5. The property is owned by J (?,v eM q (VI �' De c, -4,h L , t cwAs evidenced by deed from 6. T�wolIrecorded (previous owner) in deed .-he(+ no.r7-3ze1 on page NA of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the retarded deed. 6. Magisterial District: A Z tva5 9000 7. Property Identification No.: 42A !/7 8. The existing zoning of the property is: k4 9. The existing use of the property is:_ OZ4 KYT 10. Adjoining Property: U North i6 East ' 14 g, SouthGid A)T West N �, vfl 4- - 14 ' iv 4, 11. Describe the variance sought in terms of distance and type. (For example: "A 3.5' rear yard variance for an attached two -car garage.") r y"g-1,41ye 0,-L/ �Acw 52 6 � /'fij&, 14 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 Page 6 of 9 13. Additional comments, if any: OP— 77 -Ir -,;;-&0 j� � 2� �l/n/t �I2/�C r�1N /12 tr /�1 �,� / :✓v`G=S Ate N tV [Qa�- At - nr 6- 1? �Ok i IRZTME avT , i /,]/S PeOP P 11D-,xP 42 4/17 2E---4VV&- 5T5 Te ;3& A- A i2 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 notified by mail of this application: NAME k,q-i tIOe6:-, G fHAP,4,VJ1 '/NGH- Aq!; 9I ' )2-,- ' i2d - 1 Address /-,0?Iqp, SIV 22 Cp'o Property ID # 42 Address 12.7 Property ID # L Add '4/i ✓�6 L/' zz&v3 ress f-/ DU Af Property ID # ?"� el)p- /-/11/' -2Z //5 Address Property ID # 4 I� Address 32:1 Brta f.ue P Property ID A /07 Address Property ID # Address Property ID # Address Property ID # Page 7 of 9 I 15. Provide a sketch of the property (you may use this page or attach engineer's drawing). Show proposed and/or existing structures on the property, including measurements to all property lines and to the nearest structure(s) on adjoining properties. Please include any other exhibits, drawings or photographs with this application. Page 8 of 9 TM 42—A-107 N/F KID WELL N 82"2732" W 13.45' LOT 13 0 LOT 16 W o 8171 SQ. FT. L� (3 C) Q Z 50' BRL Z c6 DECK LOT 17 0 0 60' BRL 0 PROPOSED DWELLING NOTES o 1. NO TITLE REPORT FURNISHED. 6 N EASEMENTS OTHER THAN SHOWN MAY EXIST. S 88'03'30" E 60.00' 2. THE BOUNDARY INFORMATION SHOWN HEREON HAS BEEN PREPARED FROM AVAILABLE DUNBAR LANE RECORDS AND lS NOT (40' WIDE) PURPORTED TO BE A BOUNDARY SURVEY OF THE PARCEL OR ANY PORTION OF THE BOUNDARY LINES. 14.5' y 7 LOT 15 132' f TC FRIES LN. 20 0 20 GRAPHIC SCALE (IN FEET) PROPOSED HOUSE LOCATION SKETCH LOT 16 - DUNBAR, MARTIN S. GLAZE LOTS AT ALB/N GAINESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE 1" = 20' DATE. JULY 13, 2007 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane Engineers Winchester, Virginia 22602 r Surveyors Telephone: (540) 662-4185 FAX (540) 722-9528 Founded in 1971 www.greenwayeng.com 4934 SHEET 1 OF 1 1 p ao D -kZI=3 °paWea 02 p®l}7mpe gea p®x�s>ae oag�ega Zeoa�p®Toa a ao oaeoi�aa�a c{}�� paa -g�•d (VZT 3e 9$6i cQnp Jo hep �a� oda no pevWoad swan 4UMMIDUT 9M '139) eI—Tgnoo -131-daam • YItFI�HIL sa S� �� •3a ;�� 3z 33 Zo � , a � a ® �® p ao D -kZI=3 � ° d sa S� �� •3a ;�� 3z 33 Zo � , 2 ® �® Aarxiy , tee' Sr. a o ti 19 ZO 21 22 23 LQ 9e• FArr p � � to® Th ° o *� CCeze £� -9 Ul F - p r0 n iv Inn r I n nfP AGREEMENT VARIANCE #_ La ` — � '? (Number to be assigned by the Planning Dept.) 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) dgys 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, trye. CANS DATE SIGNATURE OF OWNER if other -than applicant) -OFFICE USE ONLY- 7/� ?DATE BZA PUBLIC HEARING OF O ACTION: - DATE - APPROVAL SIGNED: BZA CHAIRMAN DENIAL DATE: Page 9 of 9 House Plan HWEPL 14062 imar- U6. , . close window http://www.eplans.com/image-gallery.hwx/Q/Plan.HWEPL 14062/lmageld.413927 7/2/2007 House Plan HWEPL14062 unag, Rear Porch 12-8 x g-0 ragfu /_ vi o Tub/Shwr. fre►kf st, - .- -' _ Bedroom 1 91 11-6 x 1-0 - _ Raised Bar W-0" C19.. Ht. -� FDVW�jj r ,r 1. '. e p e n 5 41 1 C-LI r Fic, 1 Raised Bar ' Bath- .Ij Hall Living Room 17-6 x 12-10 (CLEAR) 9'-0 1 ' Ctg. Ht. _Bedroom 2 11-6-x 13-0 --91-069 Cltg. Ht. Front Porch 17-10 x -0 http://www.eplans.com/image-gallery.hwx/Q/Plan.HWEPL 14062/lmageld.413935 7/2/2007 M Q N tl' Q F- o � I 0 a 0 .p ld v 0 0 U AVM -M h C-56= M lay' 701 Wat paga Ot sh1 d tY10dCStG Vk�lri F601 06001'7344 0 N THIS DEED OF GIFT, made and dated this 94 day of September 2006, by and between C. ROBERT KIDWELL and BARBARA E. KIDWELL, Grantors; JEREMY ltd. KIDWELL and DEBORAH L. KIDWELL, hereinafter called the Grantees. WITNESSETH: THAT, for and in consideration of the sum of TEN DOLLARS ($10.00), cash in hand paid by the Grantees to the Grantors, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby quitclaim, release and convey unto the Grantees, any and all right, title and interest they may possess in and to the following described real estate, in fee simple, as tenants by the entirety with right of survivorship, as at common law, all the following described property: All those two certain lots of land improved by a dwelling known as 127 Dunbar Lane, lying just west of Route 522 about three miles northwest of Winchester in Gainesboro Magisterial District, Frederick County, Virginia, designated as Lots 16 and 17 on the Plat of "Dunbar", Martin S. Glaize Lots at Albin, recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 196, at Page 409, and fronting on the south side of Dunbar Street (formerly Fries Street) a distance of 60 feet each and extending back in a southerly direction a uniform width for a distance of 146.3 feet; AND BEING the same property conveyed to C. Robert Kidwell and Barbara E. Kidwell, by deed dated September 2, 2005 from C. Robert Kidwell, Barbara E. Kidwell and Clarence Kidwell, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia as Instrument No.050020108. Reference is hereby made to the aforesaid instruments and the references therein contained for a more particular description of the property hereby conveyed fi.AZOdAM KC AUW.-)s 6 OAZdn M lar p� W'9 bos a sbw Wbd-ft VYfnla nAmi l e� N �a This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property. I WITNESS the following signature ane, seat: �f � i (SEAL) C. ROf3ERT KIDWELL 1 / (SEAL) I BARBARA E. KIDWELL u ISTATE OF Virginia, County/City of Frederick, to -wit: The foregoing instrument was acknowledged before me this r� day of September 2006 by C. Robert Kidwell and Barbara E. Kidwell. My commission expires: I C /NcJty Public IM VIRGINIA: FREDERICK COUNTY.SCT. ►tThis instrument of writing was produced to me on awl ►and dlith ceriiGcate aci noulydgcmcnt therclo annexed Was admitted to rccord.'FEs imposed by Sec. 58.1-802 of ti $�, and 58.1-801 have been paid, if assessable. 4114 , Clerk VARIANCE APPLICATION #16-07 Z. L. METZ CONTRACTING, LLC Staff Report for the Board of Zoning Appeals Prepared: August 30, 2007 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: September 18, 2007 - Action Pending LOCATION: McDonald Road (Route 616), Lot 145 MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 51-A-145 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) South: RA (Rural Areas) East: RA (Rural Areas) West: RA (Rural Areas) Use: Residential Use: Vacant Use: Residential Use: Residential VARIANCE REQUESTED: The applicant is requesting a 15 foot side yard variance on both sides, resulting in side yard setbacks of 35 feet, for the construction of a single family dwelling. REASON FOR VARIANCE: This property has a width of 60 feet and a depth of approximately 135 feet; therefore, current setback requirements for the RA zoning district eliminate buildable area on the property. Variance #16-07, Z. L. Metz Contracting, LLC August 30, 2007 Page 2 STAFF COMMENTS: Frederick County adopted zoning in 1967. The Frederick County historical zoning map shows this property was zoned A-2 (Agricultural General) in 1967. The property setback lines at the adoption of the zoning ordinance were 35 feet front and 15 feet for the side yards. Frederick County amended its Ordinance in 1989 to change the A-2 zoning districts to the current RA (Rural Areas) Zoning District, making the current setbacks for the property 60 feet to the front, 50 feet to the rear, and 50 feet to both sides. This property is .767 acres in size with a width of 60 feet and a depth of 135 feet, and cannot meet the current setbacks associated with the RA zoning district. The applicant is requesting a variance of 15 feet on both side yards from the current fifty (50) foot setback side requirement of the RA zoning district. This variance, if granted, would result in a thirty-five (35) foot side yard variance on both sides, to construct a 22'x 34' single-family dwelling with a 5'x22'front porch. The properties adjacent to the applicant's property are less than five (5) acres as required by the Frederick County Zoning Ordinance. Therefore, this variance request would be in character with the adjacent properties, and appears that this variance meets the intent of the Code of Virginia, Section 15.2-2309 (2)• STAFF CONCLUSIONS FOR THE SEPTEMBER 18, 2007 MEETING: The Code of Virginia 15.2-2209 (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. The applicant is seeking a variance of fifteen (15) feet on both side yards in order to construct a 22'x34' single-family dwelling with a 5'x22' front porch. Should this variance be granted, the building setbacks for this property would be 60 feet from McDonald Road (front), fifty (50) feet from the rear property line and would change to thirty-five (35) feet on both sides. 51 RYa P'JAET V JAGER, GREGO C, U3 z; 0 cn 0// C5 u ci > CC 4 51 X1,41ON M -'.5aCi cn O 'ell e 4p Z' LU OU cn LU 0 2!' < _LN, r" Q7�g < D F6RY N o hn 51 RYa P'JAET V JAGER, GREGO C, U3 z; 0 cn 0// 4 51 X1,41ON M -'.5aCi cn e LU cn LU 0 _LN, r" Q7�g F6RY N o hn cn uj < uj b, A LU a_ Vo P0 LLi JAjAjfE?- !Li a. LU U) VNLL 'Sg SVpVoiq OZ p9t tq L Z:; I-- wo W LU :D U � » � Q 0 � � w Q � Q A Q /oiao U � (�U5� &« % m �a in 0 U /oiao APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA -OFFICE USE ONLY - Variance Application No. &�: G`7 Submittal Date: — (, Fee Paid: esP,` initials: Sign Deposit YtFsl Submittal Deadline: _ 7 C 7 For the meeting of p MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner X_ other 2. APPLICANT: V 0 NAME: Z. L. Metz Contracting, L.L.C. ADDRESS: P.O. Box 2999 Winchester, Va 22604 TELEPHONE: -540-678-1667 (Check one) OCCUPANT: (if different) NAME: ADDRESS: TELEPHONE: The property is located at (give exact directions and include State Route numbers): 277 McDonald Rd. Winchester, Va : From Winchester take Rt. 50W to a Left onto Rt. 608 (Wardenville Grade), Turn Right onto Rt. 616 (McDonald Road), Property is approximately 1750ft +/- (0.33 mi) on the Left. The property has a road frontage of 114_feet and a depth of and consists of 0.767 acres (please be exact). 0 300 feet 5. The property is owned by Z. L. Metz Contracting L.L.C. as evidenced by deed from _Madison Dean Mays recorded (previous owner) in instrument no. 070009256 of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: Back Creek 7. Property Identification No.: 51-((A))-145 8. The existing zoning of the property is: RA 9. The existing use of the property is 10. Adjoining Property: Residential ZONING 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.") 15' Side yard Variance for both the Right and Left Side yards for _ _placement of a 22'x34' house with a 5'x22' Front Porch 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 Exceptional Narrowness based on current Zoning Standards USE North _Residential East _Residential South _Vacant West Residential Residential ZONING 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.") 15' Side yard Variance for both the Right and Left Side yards for _ _placement of a 22'x34' house with a 5'x22' Front Porch 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 Exceptional Narrowness based on current Zoning Standards 13. Additional comments, if any: 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 notified by mail of this application: NAMF Jeffery L. and Jennifer Lynch Address 290 McDonald Rd. Winchester, Va 22602 Property ID # 51- 18-4-21 Judy L. Whitlock Address 272 McDonald Rd. Winchester, Va 22602 Property ID # 51-18-4-22 Ernest L. Tharpe Address 291 McDonald Rd. Winchester, Va 22602 Property ID # 51-((A))-146 Harold M. Crawford Address 265 McDonald Rd. Winchester, Va 22602 Property ID # 51 -((A)) -144A Earl Armel ddress2648 Martinsburg Pike Stephenson, Va 22656 Property ID # 51 -((A)) -143A Address Property ID # Address Property ID # M. 15. Provide a sketch of the property (you may use this page or attach engineer's drawing). Show proposed and/or existing structures on the property, including measurements to all property lines and to the nearest structure(s) on adjoining properties. Please include any other exhibits, drawings or photographs with this application. 9 OFrSriN�/e POWERti� p� eNr�� AfcD0 LD t �-Z- TELEPHONE � �.j - RIGFIT_O�RGrAD • �OV� PEDESTAL TWAY QP EXISTING LOT 145 `\ ��v�R WELL 3414 S POW R--- 00 NOTES: 1. THIS PLAT WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT AND MAY NOT NECESSARILY INDICATE ALL ENCUMBRANCES ON THE PROPERTY. 2. THE PROPERTY SHOWN HEREON IS LOCATED WITHIN ZONE "C", AN AREA OF MINIMAL — 984 FLOODING, AS SHOWN ON FLOOD INSURANCE _ 982 RATE MAP OF FREDERICK COUNTY, VIRGINIA, COMMUNITY PANEL NUMBER 510063 0100 B. _ 980 EFFECTIVE DATE: JULY 17, 1978. 3. ALL ELEVATIONS BASED ON ASSUMED C318 LOCAL REFERENCE DATUM- % Q nC, /D ..— �..F : r 11 1'LO I m u, 1 \\ \ cy) C0 RA , 64.4174 00, 0' 40' 80' 120' ��— I t � mmmmmmmw SCALE: 1" = 40' VARIANCE EXHIBIT SHOWING LAND OF Z. L. METZ CONTRACTING, L.L.C. LOT 145 TAX MAP #51 -((A)) -LOT 145 INSTRUMENT #070009256 BACK CREEK MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1 " = 40' DATE: 08/01/07 DRAWN BY: TSF TAX MAP #51—A-145 INSTRUMENT #070009256 POLE \L 9 WIRE 98 996 ` 9,9,1 'Y2 —128.7_ 90 70 ADJOINERS DWELLING EX. SEPTIC TANK± 0 0 _ O_ 0 NO (� -i'CN �. 0. �_I (n �iJ . k a, �pLTH OF p!io r 0 U C. RINKER JR Y No. 1058 AF 8/1/200 4 CONTOUR INTERVAL = 2' CURRENT ZONING: RA `' _ �� , � ur�� man' w. 210 Front RoyalF%e Winchestu, Vngn is 22602 T .ur u-lo211 ww. 540.450-0211 CHECKED BY: CJR (� AGREEMENT VARIANCE # 16-02 (Number to be assigned by the Planning Dept.) 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. �_ a SIGNATURE OF APPLICANT DATE � 061 6 SIGNATURE OF OWNER (i other than applican -•OFFICE USE ONLY - BZA PUBLIC HEARING OF q � 9'/0 ACTION: -DA - APPROVAL SIGNED: DENIAL DATE: 10 DATE ZZ -d BZA CHAIRMAN C:) 0 r� rV THIS DEED, made and dated this 31st day of May, 2007, by and between MADISON DEAN VIA S, party of the first part, hereinafter called the Grantor; and Z. L. N METZ CONTRACTIN L.L.C., a Virginia Limited Liability Company, patty of the second N Cd part, hereinafter called the Grantee. nsideration of the sum of Ten Dollars WITNESSETH: That for and in co P Ch � �$1Q.Q0), cash in hand paid and other good and valuable consideration, receipt whereof N w edged, the Grantor does hereby grant and convey, with General is hereby acknowl o •a ° Warranty and with English Covenants of Title, unto the Grantee, in fee simple, all of the following realty: Alt of that certain lot or parcel of land, together with all rights, rights of way, easements and appurtenances thereunto belonging, lying and being situate about 4 miles west of Winchester on the southeast side of Virginia Route #616 in Back Creek Magisterial District, Frederick County, Virginia, more particularly described as containing 33,414 square feet, o more or less, by metes and bounds description contained in the Deed recorded in the Office of the Clerk of the Circuit Court of Frederick C> 0 County, Virginia, in Deed Book 374, at Page 526, and by this reference made a part hereof as if set out in full; AND BEING the same property 06 � 6 conveyed to Madison Dean Mays by Deed of Gift from Lydia May Mays dated April 5, 1993, recorded in the aforesaid Clerk's Office in Deed _H Ln Book 799, at Page 1028. 4J id instruments, the attachments thereto Reference is here made to the aforesa � H H and the references therein contained for a further and more particular description of the property hereby conveyed. This conveyance is made subject to all legally enforceable restrictive SCULLY covenants and easements of record affecting the aforesaid realty. Q GLASS ATTORNEYS AT LAW 20 SOUTH KENT STREET WINCHESTER, VIRGINIA 22601 gnatui a and seat: WITNESS the fallowing si00 (SEAL) MADISON DEAN -MAYS STATE OF VIRGINIA CITY OF WINCHESTER, to -wit: I, Sharon L. Hott, a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Madison Dean Mays, whose name is signed to the foregoing Deed, bearing date of the 31" day of May, 2007, has this day personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid_ Given under my hand this 31" day of May, 2007. Zo� `'•• w ' r .' �' X r 1. Notary Pu .r My commission expires June 30, 2009. SCULLY s GLASS ATTORNEYS AT LAW 20 SOUTH KENT STREET WINCHESTER, VIRGINIA 22601 VIRGINIA: FREDERICK COUNTY.Su-T. This instrument of writing was produced to me on G— S- D --o) Z at and with certificate acknowledgement thereto annexed was admitted to record. Tax imposed by Sec. 58.1-802 of $ S- , and 59.1-801 have been paid, if assessable. aooK 374 'IME 526 0762 THIS DEED, made and dated this 9th day of July, 1970, by and 7/7/70 DGS/clh between MARY L. BAYLISS and E. E. BAYLISS, JR., her husband, parties of the first part, hereinafter referred to as Grantors; and LYDIA MAY MAYS, divorced, party of the second part, hereinafter referred to as Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10. 00) and other valuable consideration, .receipt of which is hereby ':acknowledged, the Grantors do hereby grant and convey, with general warranty of title, unto the Grantee, her heirs or assigns forever, in fee simple absolute, all that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, located about four miles West of Winchester on the Southeast side of Road No. 616, in Back Creek Magisterial District, Frederick County, Virginia, bounded c.s follows, according to plat and survey of Richard U. Goode, C. L. S., dated November .11, 1968: Beginning at (1) a point on the soutl east side of Road No. 616, a corner to Earl Armel's Dove tract; thence with Road No. 616 N 59 deg. 00 min. E 114. 0 feet to (2); thence with two new division lines through the land of M. L. Bayliss S 43 deg. 17 min. 40 sec. E 300, 0 feet to (3); thence S 59 deg. 00 min. W 114.0 feet to (4); thence N 43 deg. I 17 min. 40 sec. W 300. 0 feet to the point of beginning, containing 33, 414 square feet, more or less. And being a portion of the same realty conveyed to Mary L. - Bayliss by deed dated August 18, 1961, from Mamie O. Knight, widow,. of record in the Office of the Clerk of the Circuit Court of Frederick County; Virginia, in Deed Book 272, at Page 544, to which deed and the references SCULLY d 5-0. win.... Ea vw therein contained reference is here made for a more particular description ECOK' 374 rn,t 527 and further derivation of title. The Grantors covenant that they have a right to convey said realty; that the same is free from liens and encumbrances; and that they will forever warrant and defend the title thereto. WITNESS the following signatures and seals on the day and year first above written; (SEAL) MARY AY LIS Srl (SEAL) E. E. BAY S, J STATE OF VIRGINIA COUNTY OF FREDERICK, To -wit: I,_f��e F- (:aAr{e„e , a Notary Public in and for the County and State aforesaid, do hereby certify that Mary L. Bayliss and E. E. Bayliss, Jr., whose names are signed to the foregoing deed,. bearing date the qday of July, 1970, have personally appeared before me in my I County and State aforesaid and acknowledged the same. Given under my hand this 9th day of July, 1970. My Commission expires 5aptember t5, t913 NOTARY PUBLIC VLEGINLA FREDERICK COUNTY, SCr This instrument of writing was produced to me on the -27rLday , 199_, at Uv s�o��. a annvsoe and with certificate of acknowladgmeat thereto annacad was admitted to record. Tax unPa3ed Dipac. Sri -.34.1 of $ • oD , and 53-54 have been paid, if aase,sable. • +NN Y�ft��`u'Ci`L�— Clerk.