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BZA 05-17-11 Meeting Agenda5) Other AGENDA FREDERICK COUNTY BOARD OF ZONING APPEALS The Board Room Frederick County Administration Building 107 N. Kent Street Winchester, Virginia May 17, 2011 3:25 p.m. CALL TO ORDER 1) Determination of a Quorum 2) Minutes of January 18, 2011 PUBLIC HEARING 3) Appeal Application #01 -11 of Dr. Ayman Salem, who is appealing the decision of the Zoning Administrator as to Chapter 165 Zoning, Part 201 Supplementary Use Regulations, Signs, under Sections 165- 201.6G(7)(c) Height and 165- 201.6H(7)(c) Size. of the Frederick County Zoning Ordinance. The subject property is located at 241 Garber Lane, and is identified with Property Identification Number 64 -A -5 -C in the Shawnee Magisterial District. 4) Variance Request #02 -11 of Connie Carter, for a 13 foot front yard variance, resulting in a 47 foot front yard setback, for a deck. This property is located at 130 Rhinehart Lane, and is identified with Property Identification Number 28 -A -22 in the Gainesboro Magisterial District. 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 January 18, 2011. PRESENT: Kevin Scott, Chairman, Shawnee District; Gary Oates. Stonewall District; Jay fi .3 Givens, Back Creek District; R. K. Shirley, III, Opequon District; Eric Lowman, Red Bud District and Robert W. Wells, Member -At- Large. ABSENT: Bruce Carpenter, Gainesboro District. STAFF PRESENT: Mark R. Cheran, Zoning Administrator; Erie R. Lawrence. Planning Director; and Bev Dellinger, BZA Secretary. CALL TO ORDER The meeting was called to order by Scott at 3:25 m. and he determined there is a quorum. On a motion made by Mr. Wells andvseconded b`y-Mr. Givens, the minutes for the November 16, 2010, meeting were unanimously approved as presented: inquired i 0 Chairman Scott inquired fthere are any applications pending for February. Mr. Cheran responded there are no"applications at this time; the c -off date is Friday, January 21, 2011. >v7 ELECTION OF OFFIC AND ADOPTION OF BYLAWS Chairman Scott acknowledged there are no changes, alterations or deletions to the previous Bylaws, /and the Bylaws re adopted as presennted. Chairman Scott opened-the floor /for nominations for Vice Chairman. Mr. Scott nominated Mr. Givens. Mi:NLowman seconded the nomination and the nominations were closed for Vice Chairman. The vote was nanimous for Mr. Jay Givens as Vice Chairman. r' Chairman Scott opened the floor for nominations for Chairman. Mr. Shirley nominated Mr. Scott. Mr. Wells seconded the nomination and the nominations were closed for Chairman. The vote was unanimous for Mr.< Kevin Scott for Chairman. Chairman Scott opened the floor for nominations for Secretary. Mr. Givens nominated Ms. Dellinger. Mr. Lowman seconded the nomination and the nominations were closed for Secretary. The vote was unanimous for Ms. Bev Dellinger for Secretary. Frederick County Board of Zoning Appeals Page 1563 January 18, 2011 Other Chairman Scott stated that Board members were asked to come in today to vote for approval of the November 16, 2010 minutes to ensure that the process with last month's Jordan Springs application could continue. As everyone is aware, the County has appealed the BZA's decision to sustain Jordan's Springs appeal to the Circuit Court. Mr. Eric Lawrence, Director of the Planning Department, has come to the meeting today in order to give an update and answer questions that members may have. Mr. Lawrence stated that following the BZA's decision on indly�overnber, the County Board of Supervisors felt they disagreed with the action so they have ge &t process and tiled the appeal of the BZA's decision. One step in that process was to have official'minutes from the meeting and you have today endorsed those minutes and they'll be sub fitted to the Court.. Mr. Lawrence continued that historically the County would have to defend the County's position and defend the BZA's position. Through Iegislation'which�,was adopted this past year;it_says the BZA doesn't have to defend its decision. What is being done now through legal processts, the full staff' report and the approved minutes will be submitted to th`Court and the County will present their position as to why they thought the decision.,was wrong, and Jordan "Springs through their representation will be given a chance to present their case\ as to,why the BZA madethe right decision. Members will be kept informed. but the BZA itself won't be,involved.in the legal process.. 7 Chairman Scott stated that its his understanding^that County's position is they want the rezoning process to go through.—Mr. Lawrence said the'`Couybelieves that the proffers didn't support this. Essentially, the BZA s -deeisibn in saying that public buildings, as defined in the Solid Waste Ordinance, is any building where the public is welcome, goes beyond Jordan Springs. The County's position is that's a lot- broader than was ever envisioned when the ordinance was written. The reasons for the appeal were not only that the 'County believes "that Jordan Springs wasn't permitted under the proffers, but the bigger picture is/the-County thinks the BZA opened up public buildings, across the board, in all -61 our conimercial`anthindust it ardistricts to welcome anything that's open to the public. Mr. Lawr n e gave as -an example. ;'a- WalMart is open to the public so WalMarts could go in any commercial /industrial zoringtdistrict.'Mr- Lawrence knows that's not what the BZA intended, but it's certainly `not• what the Countyintended./The Board of Supervisors at its last meeting adopted a definition into the ordinance which defines public buildings. Mr. Lawrence told members that staff should have presented them with more information; we didn't understand where,the applicant was going to come from, as far as their case. In the future when there is an appeal of the 'Zoning Administrator's decision, you'll probably sce either Mr. Lawrence or the County Attorney making the presentation, because it's only appropriate that the County defend the Zoning Administrator. Mr. Givens asked Mr. Lawrence about definitions being in different sections. Mr. Givens believes you can have a definition section of the entire County Code. Mr. Lawrence commented that he went online to the Virginia State Code and there are over 1,000 'definition sections. The premise is that every chapter of the State Code is written specifically for a task at hand so that, while there's an introduction to the State Code that talks about definitions for certain things, every individual chapter Frederick County Board of Zoning Appeals Page 1564 January 18, 2011 writes its own definition so that they can tailor the words toward the application in that chapter. Mr. Lawrence further stated that one way to look at it is that the Board of Zoning Appeals, in certain references, is the "Board, but in other references, the County Board of Supervisors is the "Board It's hard to capture that one word that's universal in its application and that's why every section of the code will have its own definition section. Mr. Wells asked Mr. Lawrence how the County could have possiblyperceived Jordan Springs as a public building, as written in the proffers. Mr. Lawrence explained x that when people write proffers, they identify from our current ordinance the uses they want to do op the property, we identify the uses that the County doesn't want on the property and the resulting positive terrns, are the ones that go into a proffer statement. The public building term is allowed in all the industrial andibusiness districts. Chairman Scott asked that the Board be informed of-the Court date for the appeal. rc Mr. Shirley stated that he's always been und the rmpression' =.that each case that:tle BZA hears is stand -alone and that the Board's decision doesn't set a' precedent Yet Mr. Lawrence is saying that part of the appeal process is because the BZA re- defined' an ordinance for the entire County. Mr. 4 Lawrence stated that more often than not „the BZA gets variance.`. requests. For example, if someone requests a ten foot setback rather than a 20foot If the BZA:grants the ten foot setback to one house, every house in the neighborhood is not getting, a, ten foot setback:;* When you create a definition for a use, that creates a ripple effect, People would have,,to. argue to use.it'and apply it elsewhere, but it IP opens the door for that argument. Chairman Scott stated thatInis outlook is hers not trying to shut anybody down; he's trying to find a way to keep it going, especially in the case of'a existing business. ter., th Frederick County Board of Zoning Appeals January 18, 2011 ChairmamScott stated thereis a BZ being conducted beginning at the end of March in Richmond and :concluding in Charlottesville, wall independent study in the middle. The County will covenrO embers' expenses. Please let the Secretary know if you can attend. There no further,business the meeting adjourned at 3:50 p.m. Respectfully submitted. Kevin Scott, Chairman Bev Dellinger, Secretary Page 1565 APPEAL APPLICATION #01 -11 DR. AYMAN SALEM Staff Report for the Board of Zoning Appeals Prepared: April 19, 2011 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: May 17, 2011— Pending LOCATION: The subject property is located at 241 Garber Lane. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 64 -A -5 -C PROPERTY ZONING USE: Zoning: B -2 (Business, General) Land Use: Veterinarian Office ADJOINING PROPERTY ZONING USE: North: B -2 (Business, General) Land Use: Restaurant East: B -2 (Business, General) Land Use: Office/Vacant South: B -2 (Business, General) Land Use: Motel West: B -2 (Business, General) Land Use: Residential APPEAL: To appeal the decision of the Zoning Administrator in the administration of the Frederick County Zoning Ordinance in determining required height and size of a sign. REASON FOR APPEAL: Applicant is appealing the decision of the Zoning Administrator citing grade level of the adjacent street and also stating that the sign was existing when the property was purchased. STAFF COMMENTS: The applicant applied for a building permit to erect a sign 22 feet in height and 88 square feet in size to be located on the property at 241 Garber Lane. The proposed sign does not meet the requirements of the Frederick County Zoning Ordinance with regards to the height and Appeal 01 -11, Dr. Ayman Salem April 19, 2011 Page 2 size of the sign. The building permit was not signed nor was it issued by the Zoning Administrator, and a letter was sent to the applicant to modify the building permit for the sign. This letter stated that the permit in its current form could not be acted upon, as the sign would be in violation of the Frederick County Zoning Ordinance. The height of signage is noted within Section 165 -201.6 G (7) (c) of the Frederick County Zoning Ordinance, which requires that signage height is to be reflective of the roadway upon which the site's entrance is located. The entrance for this site is located on Garber Lane and, due to this roadway's classification, the height of the sign is not permitted to exceed 12 feet. The size of signage is noted within Section 165 -201.6 H (7) (c) of the Frederick County Zoning Ordinance, which requires signage size to be reflective of the adjacent roadway's classification. Due to Garber Lane's classification, the size of the sign shall not exceed 50 square feet. This building permit in its current form cannot be issued. In order for a building permit to be issued, the applicant will need to change the height and size of the sign, and reapply for a building permit. STAFF CONCLUSIONS FOR THE MAY 17, 2011 MEETING: Staff is requesting to affirm the decision of the Zoning Administrator in the administration of the Frederick County Zoning Ordinance, Section 165 -201.6 G (7) (c) signage height for this site not to exceed 12 feet. and Section 165 -201.6 H (7) (c) signage size for this site not to exceed 50 square feet. fi 64B A,! YOSTi. PAULA h 64B A.4 BLUEtRID ASSOCIA�ES 64B orb SPURLING I rill DA 1\& 64 A 5 JERRY L PATRICIA B?' 64B A 1 AU. BILLY D 64B A, 2 GABBER_ J AMES A 64B vALLC 64B 9;41 ROYA 64,A 4C COMMONWEALTH OF VIRGINIA A4B WINCHESTER CENTER BERG Q. 64:8 1 PRICE NY THE g?: CROSSROADS IL IIVCr r J ,i state Overlay District er els ali l l A pp licafion Future Rt 37 Bypass Urban Development Area Sewer and Water Service Area Appeal 01 2011 Dr. Ayman Salem PIN 64 A 5C (Sign Height Size) Note: Frederick County Dept of Planning Development 107 N Kent St Suite 202 Winchester, VA 22601 540 665 5651 Map Created: April 4, 2011 0 100 200 400 Feet Staff: mcheran I I I I 1 BLACK INTERNALLY ILLUMINATED SIGN CAB /NET WI POLYCARBONATE FACE AND TRANSLUCENT VINYL GRAPHICS (3M #22 BLACK 3M #73 DARK RED) 3999 CARLISLE PIKE OXFORD, PA 17350 16803 SOUTH NOTLEY RD HAGERSTOWN, MD Fax.717-624 -7151 www.s1rIcklerslgns.com ausw JEREMIAH REICHERT Irelctad@sMcuerslom com 717421.7151 CLIENT/LOCATION SILVER SPRING VETERINARY HOSPITAL WINCHESTER, PA DRAWING WA SILVER SPRING VETERINARY HOSPITAL PYLON SIGN DRAWING LABEL 12/2/10 aI1 24660 3/8 -1' rhw ELECTRIC REQUIREMENTS __VOLT AMPS PER SIGN- TOTAL_AMPS SIGN TO OE CONTROLLED HY A 1114F-R Nap OR A PHOTOCELL PHOTOCELL TO RE. STALLED AT SIGN ELECTRONIC SIGN VOLT AMPS PER SIGN TOTAL_AMPS ELECTRIC TO THE ELECTRONIC SIGN TO CONSTANT HOT COPYRIGHT O ATH SIGNATURE no DATE Permit Application Page Three SIGNS Type of Sign Monument Sign Size (Dimensions) 11' x 8', 88 SF Sign Reads Silver Spring Veterinary Hospital 540 662 -2301 Height From Ground To Top Of Sign 22.3' Other Signs On Property Input Amps 40 Input Volts 110 Marking Listing Number Square Footage of' Front of Structure Of wall sign) ELECTRICAL PERMIT RESIDENTIAL: Amp Service (this is the only thing needed for new dwellings) For Additions/Remodeling: Number of Switches Lights Receptacles Size of sub -panel if adding one: Upgrading service to COMMERCIAL: (List all equipment, motors, and wiring) PLUMBING PERMIT: Basins Garbage Disposal Sewer Pump Sump Pumps Water Closets Other io Residential Commercial Dishwasher Grease Traps Sewer Service Tubs/Whirpools Water Heater MECHANICAL PERMIT RESIDENTIAL: (list number of fixtures installing) Heat Pump Gas Furnace A C Unit Gas Logs Gas Water Heater Other Size of Tanks Under 500 Gal. COMMERCIAL: (list all equipment giving btu's and tons) (list number of fixtures Floor Drains Laundry Tub Showers Urinals Water Service Gas Piping All building permits for residential jobs will need to submit 1 set of plans. by each) Fountain Lawn Faucets Sinks Wash Machine Well Pump Gas Range NOTE: All commercial jobs for building, electric, plumbing and mechanical will need to submit 2 sets of plans (sprinkler plans and fire suppression systems require 4 sets). MIMS mas tn al rn CNI cc 0 NI 2 k 9 m CO CO OS c 0 1. nt ID an COI 0 an PO 2 7 6 ra O r 0 Q. 2 lc 0 co j 2 Ln Ln PO Ca 0 NI CO Ln 0 CV C1 rt1 rz. Et H 0 0 0 March 3, 2011 Mr. Ayman Salem 241 Garber Lane Winchester, VA 22602 ©C1PY RE: Building Permit (Sign) #0736 -2010 241 Garber Lane Property Identification Number (PIN): 64 -A -5C COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540/665 -6395 Dear Mr. Salem: This letter is in regards to a building permit applied for on December 12, 2010 for a sign to be placed on property located at 241 Garber Lane. This proposed sign does not meet the requirements of the Frederick County Zoning Ordinance with regards to the height and size of the sign. The permit notes the height of the sign as 22 feet and size as 88 square feet. Section 165 -201.6 G (7) (c) of the Frederick County Zoning Ordinance requires signage height to be reflective of the roadway upon which the site's entrance is located. The entrance for this site is located on Garber Lane and, therefore, due to this roadway's classification, the height of the sign is not permitted to exceed 12 feet. Section 165 -201.6 H (7) (c) of the Frederick County Zoning Ordinance requires signage size to be reflective of the adjacent roadways classification. Due to Garber Lane's classification, the size of the sign shall not exceed 50 square feet. This building permit in its current form cannot be issued at this date. In order for a building permit to be issued you will need to change the height and size of the sign, and reapply for a building permit. You have the right to appeal this notice of violation within thirty (30) days of the date of this letter in accordance with Section 15.2 -2311 of the Code of Virginia. This decision shall be final and unappealable if it is not appealed within thirty (30) days. Should you choose to appeal, the appeal must be filed with the Zoning Administrator and the Board of Zoning Appeals (BZA) in accordance with Article X, Section 165 1001.02 (A), of the Frederick County Zoning Ordinance. This provision requires the submission of an application form, a written statement setting forth the decision being appealed, the date of decision, the grounds for appeal, how the appellant is an aggrieved party, any other information you may want to submit, and a $300.00 filing fee ($250.00 filing fee and a $50.00 refundable sign deposit). Once the appeal application is accepted, it will be scheduled for public hearing and decision before the BZA. If you have any questions call me at (540) 665 -5651. Sincerely, Mark R. Cheran Zoning Administrator Enclosure MRC/bhd cc: 3c Michael Solak, Esq., 102 S. Kent St., Winchester, VA 22601 John Trenary, Building Official 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 mtttA'Dea the me 1. The applicant is to list the owners X adult occupants or parties in interest of the property (Check one) OCCUPANT: (if different) NAME: Dr. Ayman Salem NAME: ADDRESS 241 Garber Lane ADDRESS: 2. APPLICANT: MUST BE TYPED OR FILLED OUT IN INK PLEASE PRINT Winchester, VA 22602 TELEPHONE: (540)662 -2301 TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): 241 Garber Lane, Winchester, VA 22602 The parcel is triangular in shape and located between Interstate 81 and U.S. 522 South. near Costco. 4. Magisterial District: Shawnee 5. Property Identification No.: 64 -A -5 -C APPLICATION FOR APPEAL IN THE COUNTY OF FREDERICK, VIRGINIA 6. The existing zoning of the property is: B2 7. The existing use of the property is: veterinary Hospital 8. Adjoining Property: USE ZONING North Business East South Business West Business adjacent street... B2 R2 B2 B2 9. Describe the decision being appealed. (Attach a copy of the written decision.) The denial of Building Permit (Sign) 0736 -2010, 241 Garber Lane, dated March 3, 2011. A copy of the written decision is attached. 10. Describe the basis of the appeal, indicating your reason(s) for disagreeing with the decision. (This may be provided on separate sheet.) The denial of the permit applied for on December 12, 2010 was improper. The adjacent roadway of this site is U.S. Route 522 and pursuant to 165 201.60(8) "sign height shall be measured from the grade level of the 11. Additional comments, if any: The existing sign was present when the property was purchased by Dr, Salem. Without being able to advertise on Route 522, this business cannot remain at this location. Beall House LC c/o Henkel-Harris Co Winc 2 22604 -1370 Address 210 Front Royal.Pike Property ID 64 -A -3 Commonwealth of Virginia P. 0. Box 2249 Staunton, VA 24402 -2249 Address none Property ID 64 -A -4C Front Royal Pike, LLC P. 0. Box 2468 Winchester, VA 22604 -1668 Address 250 Front Royal Pike PropertylD 64B -1 -4 Cracker Barrel Old Country Store ATTN: Property 17GT P. 0. Box 757 Lebanon, TX 37088 -0787 Address 200 Front Royal Pike Property ID 64 -A -1E Grimes, Jerry L. Patricia B. 229 Garber Lane Winchester, VA 22602 Address 229 Garber Lane; 198 Garber Lane Property ID P Y 64 -A -5B Nations Media, LLC 201 Shannon Court Winchester, VA 22602 -2373 Address none Property ID 64 -A -,IA Address Property ID Address Property ID Address Property ID Address Property ID Address Property ID 12. The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the appeal is being sought, including properties at the sides, rear, and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notified by mail of this application: (Please list Property Identification Number.) NAME I (we), the undersigned, do hereby respectfully petition the Frederick County Board of Zoning Appeals (BZA) to overrule the administrative interpretation of the County Zoning Ordinance as described herein. I agree to comply with any conditions required by the BZA. I authorize the members of the BZA and Frederick County officials to go upon the property for site inspection purposes. I hereby certify that all of the statements and information contained herein are, to the best of my knowledge, true. SIGNATURE OF APPLICANT SIGNATURE OF OWNER (if other than applicant) OFFICE USE ONLY-. BZA PUBLIC HEARING OF g/1 /j l ACTION: DA E- Li APPEAL OVERRULED File: 0 \Land Use Applications Application Formss\APPEAL Revised 01 /14/03 AGREEMENT APPEAL# 01 APPEAL SUSTAINED SIGNED: DATE: DATE DATE BZA CHAIRMAN VARIANCE APPLICATION #02 -11 CONNIE CARTER Staff Report for the Board of Zoning Appeals Prepared: April 25, 2011 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: May 17, 2011 Pending LOCATION: 130 Rhinehart Lane MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 28 -A -22 PROPERTY ZONING USE: Zoned: RA (Rural Areas) Land Use: Residence ADJOINING PROPERTY ZONING USE: North: RA (Rural Areas) South: RA (Rural Areas) East: RA (Rural Areas) West: RA (Rural Areas) VARIANCE REQUESTED: The applicant is requesting a 13 foot front property line variance, resulting in a 47 foot front yard setback, for a deck. REASON FOR VARIANCE: Setback and permit violations. Use: Field and woods Use: Field with outbuilding Use: Road and woods Use: Woods Variance Application #01 -11 Connie Carter April 25, 2011 Page 2 STAFF COMMENTS: The applicant applied for a building permit after staff received a complaint that remodeling of the structure was taking place without a building permit. The applicant added a deck, with a front setback of 50 feet, without applying for a building permit. The structure was built prior to Frederick County adopting zoning, and the original deck was a smaller one than what was built by the applicant. Staff visited the site and noted the larger deck was completed without a permit. 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 front and 15 feet for the side yards. Frederick County amended its Ordinance in 1989 to change the A -2 zoning district 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 this property 60 feet to the front, 50 feet to the rear, and 50 feet to both sides. This property has not met the threshold requirement of an undue hardship as to the use of the property. The violation to the setback requirements of the RA Zoning District with regards to the deck is self inflicted, and does not produce an undue hardship. An undue hardship would apply only if a principal use (house) could not be built on this parcel due to the ordinance that is in effect. Therefore, this application for a variance does not meet the requirements as set forth by The Code of Virginia 1950 as amended 15.2- 2209(2), and Section 165- 1001.02 (C) of the Frederick County Zoning Ordinance. The strict application of the Frederick County Zoning Ordinance does not produce an undue hardship as required by the Code of Virginia. STAFF CONCLUSIONS FOR THE MAY 17, 2011 MEETING: In conclusion, this variance request does not meet the intent nor the requirements of The Code of Virginia 1950 as amended 15.2 -2309 (2) and Section 165- 1001.2(C) of the Zoning Ordinance, as it relates to the threshold of a hardship. Staff would recommend denial of this variance application 28,A 2.21 LOYDElk MARIE? -28A,23 CUNNINGHAM COY EJR?. 51 23 A.52 ORGAN M S PET &YSHARON' '28,A 20 HEBRON APTIST 61 -I 28 A 523 J ?1R<LEY DENNIS E LESLIE't Variance 02 -2011 Connie Carter 28 -A -22 rin ft front yard variance) 4 1 Overlay District camels a pplication Future Rt 37 Bypass CD Urban Development Area Sewer and Water Service Area 0 mQ� C SONNIE Variance 02 -2011 Connie Carter PIN 28 A 22 (13 ft front yard variance) 100 200 MICHELE Note: Frederick County Dept of Planning Development 107 N Kent St Suite 202 Winchester, VA 22601 540 665 5651 Map Created: April 5, 2011 Staff: mche400 Feet DATE: PERMIT APPLICATION FOR PERMIT Owner's Name: on 17 C ii✓ r Address: CY Phone Number: t(0 A' St) "0 Owner's are allowed to act as their own contractor provided DPOR Title 54 Owner Contractor Definition is met. *Contractor's Name: Can n i C C tx✓t✓ Address: Phone Number: *NOTE: If you have never obtained permits in Frederick County please attach a copy of yottiti ate contractor's license. Any jobs over $25,000 will also need a Frederick County Business License unless you are building in the Town of Middletown or the Town of Stephens City. You would then need that town's business license. All businesses in Frederick County are required to have a Frederick County Business Licenses regardless of the job value. Please note that all permits in the Town of Middletown are handled at the Town Office in Middletown. MECHANICS LIEN AGENT: yes no (if yes, please complete below) Mechanics Lien Agent: Address: LOCATION OF PROPERTY Subdivision: Street Name: h -C Qn Tax Map Identification Number of the Property: Directions to the job site: It 0 ho c n 0 SETBACKS Front 3'O Rear of A Left /00 4 Right /CO r TYPE OF PERMIT AP$LYING FOR: X Building Electrical Mechanical Plumbing Sign *NOTE* Under Freedom of Information Act plans can be secured upon request. PERMIT FOR 01C- h JOB VALUE: Phone Number Lot Number Q -t o�� cc I hereby agree to comply with all provisions of the Virginia Uniform Statewide Building Code and the Zoning Ordinance as adopted by the Cpunty of Frederick. 7 Signature of Applicant l psi APPLICANT PLEASE PRINT cnn; e Contractor 1 Owner Agent Engineer /Architect *Agents, please not that a signed authorization from the owner or contractor must be attached. (For Office Use Only) Please list a daytime telephone number in which you can be reached incase of questions. 0 sill E SCI It 0 r man f a)m.4n ED000 2G k (7, a) a 5 to ce z fu D. 0 0 0 fel 2 x q f 1 USE ONL a'Submittal Deadline: For'thd meeting of:, Var Applica Submittal Date:" Fee Paid: Sign Deposit MUST BE TYPED OR FILLED OUT IN INK PLEASE PRINT 1. The applicant is the owner other (Check one) Please list all owners, occupants (adult individuals as well as any entities occupying the property), or parties in interest of the property. 2. APPLICANT: OCCUPANT: (if different) NAME: 1 r i NAME: 1 t� YI (I /A 6-7 ADDRESS /2 (f Lei n e io„ r l Llt i ADDRESS: TELEPHONE: /3 5o "S'0/" 7 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): fi n L A 4. The property has a road frontage of 7/, feet and a depth of consists of 3/11 acres (please be exact). feet and 5. The property is owned by —en l r A r f -P'/r as evidenced by deed CiT from .31.,2,91d d 7 recorded (previous owner) in deed book �7 o ny 1111 �:fp paw 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.: „y-- T 8. The existing zoning of the property is: O� 9. The existing use of the property is: /g 10. Adjoining Property: or North East South West USE ()0(13 O'i tin f-2 4n4-1- r- 4 a(.Ogc J,4 6 ZONING 11. Describe the variance sought in terns of distance and type. (For example: "A 3.5' rear yard variance for an attached two -car garage. e t� to S 12. List specific reason(s) why the variance is being sought in terns of: exceptional narrowness, shallowness, size or shape of property, or exceptional topographic conditions or other extraordinary situation or condition of property, the use or development of property immediately adjacent thereto oc t 01/4,nd- SccIas a.rc° i.5&$ yard. 6-r0kd3n 1e( Coy E Cu.v..:,, 7 E Address r'U /3 3 7 Cott /14% 9 2 L (03 7 Property ID 2' /9 —.2. COY t w 1 1 9 t Gin lido Address P o tap J 7 6 h'A 3 6 3 7 Property ID f 9 fittL /Pt-tl 9nCjcuJu. -v- ogivettLy A�;-+ (3 b.„2-7-6,..) Address PO c, 3 7 601.L1.1 .2z-G37 Property ID g, 5 t\ 1 rill �oN cQLt� E 1 S Address JJ .7 GONG tu2.1 TRC. wic vi 6. r7GQL Property ID a k {9 ca Address Property ID Address Property ID Address Property ID 13. Additional comments, if any: i a r cjm t 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 C [C 115 7 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. 3 V t .i._f -7I ,��,r:t.,3;, u AGREEMENT VARIANCE Eft j (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 ation contained herein are, to the best of my knowledge, true. y SIGNATURE OF APPLICANT DATE L/ 5 SIGNATURE OF OWNER (if other than applicant) OFFICE USE ONLY- DATE BZA PUBLIC HEARING OF 5- 1 7� j/ ACTION: ATE APPROVAL SIGNED: DENIAL DATE: BZA CHAIRMAN 7563 -8226 EBY /law y o Z c "te N H O 0700050 THIS DEED, made and dated this 28`" day of March, 2007, by and between DANIEL L. BOYCE, Trustee for Winchester Land Trust, hereinafter called the Grantor, and CONNIE CARTER, 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 Special Warranty, 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 that certain lot or parcel of land, containing 3/4 acre, more or less, together with all improvements and appurtenances thereto belonging, lying and being situate along the Northern side of what is known as the Old Rhinehart Road, at or near Gore, in Gainesboro District, Frederick County, Virginia. AND BEING the same property conveyed to Daniel L. Boyce Trustee for Winchester Land Trust by Deed from Helen H. Toms, formerly Helen S. Hook, dated June 15, 2005 of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument Number 050012844. Reference is here made to the aforesaid instruments and the references contained therein 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. 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 encumbrances; and he will grant such further assurances of title as may be requisite. 1 WITNESS the following signature and seal: STATE OF VIRGINIA COUNTY OF FREDERICK, To -wit: I, Leona A. Winger, a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Daniel L. Boyce, Trustee for Winchester, Land Trust., whose name is signed to the foregoing Deed, dated this 28" day of March, 2007, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 28' day of March, 2007. My commission expires: May 31, 2010. VI RG 1 NIA: FREDERICK COUNTY_SCT. This instrument of writing was produced to me on as AnO r t at [3Y P and irh certificate acknowledgement thereto annexed ;t, admitted to record. 'Fax imposed by Sec. 58.1 -802 of S i' 7. 00 and58.1 -S01 have been paid, if assessable. Peccet Clerk /1-(.9 ct/ 47.4eCkSEAL) DANIEL L. BOYCE, rustee for Winchester Land Trust 2 ci 1 0 05 s 0 rn 1