BZA 04-17-12 Meeting Agenda AGENDA
FREDERICK COUNTY BOARD OF ZONING APPEALS
The Board Room
Frederick County Administration Building
107 N. Kent Street
Winchester, Virginia
April 17, 2012
3:25 p.m. CALL TO ORDER
1) Determination of a Quorum
2) Minutes of March 20, 2012
PUBLIC HEARING
3) Variance Request#02-12 of J. H. Yost,for a 28 foot right side variance, resulting in a 22
foot right side setback, for a single family dwelling. This property is located at Enon
Springs(Shawneeland II)on Wardensville Grade(Route 608)near the intersection of Route
608 and Route 55,and is identified with Property Identification Number 69A-130-33 in the
Back Creek Magisterial District.
4) 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 March 20, 2012.
PRESENT: Jay Givens, Chairman, Back Creek District; Kevin Scott, VieeeChairman, Shawnee
District; Gary Oates, Stonewall District; R. K. Shirley, III, Opequoil District; and Bruce
Carpenter, Gainesboro District.
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ABSENT: Eric Lowman, Red Bud District; and Robert W. Wells, Member At-Large.
STAFF a"
PRESENT: Mark R. Cheran, Zoning Administrator Dana M Johnston, Zoning lnspection;
and Bev Dellinger, BZA Secretary.
4��'s,
CALL TO ORDER E; "
The meeting was called to order bytChairman Givens at`3'-. 5 and he determined
there is a quorum. P.
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Chairman Givens led the Pledge of Allegiance /f s „ w
On a motion madedby Mr Oates and seconded by Mr. Scott, the minutes for the January
17, 2012 meeting were,unammousl'yapproved as presented.
Chairman Givens asked if there are any applications for the April meeting. Mr. Cheran
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responded there_aren't any applications pending at this time; the cut-off date is Friday, March 23,
2012. 4 1, _ E : �"
PUBLIC&HEARING
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Vanance Request#0112 of Ellen L. Spicer, submitted by Painter-Lewis P.L.C., for
a ts�
a 10 footfront yard valiance, resulting in a 50 foot front yard setback, and a 32 foot
varianc onboth sides;resulting in an 18 foot side yards setback, for a single family
dwelling. This property is located on the south side of Bufflick Road, Lot 57, 2,200
feet east of Route522, and is identified with Property Identification Number 64-A-57
in the Shawnee. Magisterial District.
ACTION—VARINANCE APPROVED
Mr. Johnston presented the staff report. The reason for the variance is that the dwelling
cannot be constructed at the current setback requirements. The size and exceptional narrowness
of the property makes it challenging to construct a dwelling at the current setbacks. This
Frederick County Board of Zoning Appeals Page 1585
March 20, 2012
property is within the SWSA area and the applicant has agreed, upon approval of the variance,
that she must hook on to the existing water and sewer lines that run along Bufflick Road. Staff
believes this request is consistent with the adjoining properties, as the properties are
approximately 50 feet from the road and approximately 17 feet from each side. The property
meets the threshold requirements of an undue hardship, the requirements of the Code of Virginia
1950 as amended 15.2-2309(2) and Section 165-1001.02(C) of the Frederick County Zoning
Ordinance. Staff recommends approval of this variance request. bra,
Mr. Carpenter asked Mr. Johnston about the existing driveway shown on the aerial
display. Mr. Johnston said that Mrs. Spicer actually owns the property°to=the Jight of the subject
property and she's using that driveway for her current house. M John ton understands that it
would become a shared driveway between the two properties :
yew
Mr. Scott asked if the agreement to tie into SWSA is stipulated in the permitting process
or is it something the BZA could add as a conditionofrapproval of the variance. MCheran
responded that the BZA can add conditions. However, wi h,the drain r S
field regulations currently
in place, and with the size of the property prohibiting a drainfield,,>the 'applicant would have to
hook on to water and sewer. }a
Mr. John Lewis, who is representing Ms Spicer, approached the rpodium. Mr. Lewis
stated they never contemplated on-site sewer and-wateraon the property; the applicant will tie
into the existing water and sewer. The parcel is_goi g to e;owned by Ms. Spicer's niece, who
one day will own both parcels and she can take care ofahe shared driveway issue when she owns
both parcels. In the meantime, they will have a shared drivewaYiaUd there will be an easement
created for that purpose
Chairman Givens asked if anyone is present who`_would like to speak either for or against
this variance request Seeing no .one, Mr ..Givens closed the public hearing portion of the
meeting. e., 1I111E
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Discussion
Mr Scott made a motion' that Vabance Request #01-12 be approved as applied for Mr.
Oates secondedthe motion andthe vote was unanimous for approval.
_ v3: Other
b 'L .
Concerning the4ylaws and changes discussed and approved by Board members at the last
meeting, Chairman Givens asked everyone to look specifically at Article VI, Voting. This section now
states that all actions must be authorized by a majority vote of the members, which means we need four
votes to approve anything. In order to have the Bylaws formally approved, Chairman Givens asked for
a motion to approve. Mr. Scott made the motion and it was seconded by Mr. Carpenter. The vote was
unanimous for approval of the Bylaws as presented.
Mr. Cheran told members that June 18, 2012 is the court date for the Board of Supervisors vs.
Frederick County Board of Zoning Appeals Page 1586
March 20, 2012
Smithfield Properties. Members asked Mr. Cheran to contact them when he knows the hearing time.
Mr. Cheran explained that the lawsuit brought by opposition to the Round Hill Water Tower
raised some pertinent points for staff. Anything having to do with Chapter 165, Zoning, like lot
requirements, is decided by the Board of Zoning Appeals. Historically, anything having to do with
subdivisions, such as a waiver, is brought to the Board of Supervisors under Chapter 144, Subdivision,
after review by the Zoning Administrator and Planning Commission. Staffisgoing through the process
to change the ordinance to have lot requirements covered under Chapter(144:--Until that is done, there
are two pending variance requests concerning lot size that will be brought\before the BZA at some point.
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Chairman Givens stated that if he understands correctly,fthe Board of,,Zoning Appeals will be
subjected to the same requirements of the ordinance as the Zoning Administrator. The BZA doesn't
have any leeway except for what the ordinance says. Mr`-`(Clieran stated that tfie°BZA can make the
decision and if the BZA denies the variance, it will go through the Appeal process.'"-
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There being no further business, the meeting adjourned at 3 50 pm.
;:Respectfully submitted,,
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James Givens Chairman
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Frederick County Board of Zoning Appeals Page 1587
March 20, 2012
FREDERICK COUNTY
BOARD OF ZONING APPEALS
BY-LAWS
(Adopted March 20, 2012)
ARTICLE I - AUTHORIZATION
1-1 The Frederick County Board of Zoning Appeals is established by and in conformance with
Chapter 165 of the Code of Frederick County, and in accord with the provisions of Section
15.2-2308 of the Code of Virginia (1950), as amended.
1-2 The official name of this body shall be the Frederick County Board of Zoning Appeals,
hereinafter referred to as the BZA.
ARTICLE II - PURPOSE
2-1 The primary purpose of the BZA is to hear and decide appeals,variances, and interpretations
of Chapter 165 of the Code of Frederick County. in accordance with the provisions of
Section 15.2-2308 Code of Virginia (1950), as amended.
ARTICLE III - MEMBERSHIP
3-1 The membership of the BZA shall be open to residents of Frederick County, recommended
by Frederick County Board of Supervisors, and appointed by the Circuit Court for the
locality, as prescribed by Section 15.2-2308 Code of Virginia, (1950) as amended. The
membership shall be no more than seven(7)members;or less than five(5)members. Terms
of office shall be five(5) years.
3-2 Members shall notify the Chairman via the Zoning Administrator twenty-four (24)
hours prior to the meeting, if a member is going to be absent or must abstain, as per 15.3-
2308 Code of Virginia, (1950) as amended.
ARTICLE IV - OFFICERS
4-1 Officers of the BZA shall consist of a Chairman, Vice-Chairman and Secretary. The
Chairman and Vice-Chairman must be voting members of the BZA. The Secretary may be a
County employee.
4-2 The selection of officers shall be made by the voting members of the BZA at the first
meeting of the calendar year.
- 1 -
4-2-1 Nomination of officers shall be made by the voting members of the BZA at
the first meeting of the calendar year. Elections of officers shall follow
immediately. A candidate receiving a majority vote of the entire voting
membership shall be declared elected.
4-3 Duties
4-3-1 The Chairman shall:
4-3-1-1 Preside at meetings.
4-3-1-2 Rule on procedural questions.
4-3-1-3 Certify official documents involving the authority of the BZA.
4-3-1-4 Certify minutes as true and correct copies.
4-3-2 The Vice-Chairman shall:
4-3-2-1 Assume the full powers of the Chairman in the absence or inability of the
chairman to act.
4-3-3 The Secretary shall:
4-3-3-1 Ensure that attendance is recorded at all meetings.
4-3-3-2 Ensure that the minutes of all BZA meetings are recorded.
4-3-3-3 Notify members of all meetings.
4-3-3-4 Prepare agendas for all meetings.
4-3-3-5 Maintain files of all official BZA records and reports. Official records and
reports may be purged in accordance with applicable state codes.
4-3-3-6 Give notice of all BZA meetings, public hearings.
4-3-3-7 Provide to the Circuit Court reports and recommendations of the BZA.
4-3-3-8 Attend to the correspondence necessary for the execution of the duties and
functions of the BZA.
- 2 -
4-4 Term of Office
4-4-1 Officers shall be elected for a one-year term or until a successor takes office.
Vacancies shall be filled for an unexpired term by a majority vote of the BZA. In
such cases, the newly elected officer shall serve only until the end of the calendar
year or until a successor takes office.
ARTICLE V- MEETINGS
5-1 At the first meeting of each calendar year, the Board shall fix the date, time and place of all
its regular meetings for the ensuing calendar year, and shall fix the day on which a regular
meeting shall be continued should the Chairman later declare that weather or other conditions
make it hazardous for members to attend.
5-2 Notice of all meetings shall be sent by the Secretary with an agenda at least five (5) days
before the meeting.
5-3 All meetings of the BZA shall be open to the public except for Closed Sessions held in
accordance with the provision specified under Section 2.1-344(A) of the Code of Virginia,
(1950), as amended.
ARTICLE VI -VOTING
6-1 A majority of voting members shall constitute a quorum. No action shall be taken or motion
made unless a quorum is present.
6-2 No action of the BZA shall be valid unless authorized by a majority vote of members.
ARTICLE VII - OPERATING RULES
7-1 Order of Business
7-1-1 Call to Order
7-1-2 Pledge of Allegiance
7-1-3 Consideration of Minutes
7-1-4 Public Hearing
7-1-5 Other
7-1-6 Adjournment
- 3 -
7-2 Minutes
7-2-1 The BZA shall keep minutes of each meeting. The Chairman and Secretary shall sign
all minutes following approval by the BZA certifying that the minutes are true and
correct. Minutes made available to the public prior to formal approval by the BZA
shall be clearly identified as a draft version of the meeting.
7-3 Procedures
7-3-1 Parliamentary procedure in the BZA meetings shall be governed by Robert's Rules of
Order, Simplified and Applied,except where otherwise specified in these procedures.
7-3-2 When a motion has been made and defeated, additional, different motions may be
made concerning the item under consideration.
7-3-3 Business items on the agenda shall be considered using the following procedures:
7-3-3-1 Report by County Staff
7-3-3-2 Presentation by Applicant
7-3-3-3 Citizen Comment
7-3-3-4 Rebuttal by Applicant
7-3-3-5 Discussion by BZA
7-3-3-6 Motion and Action by BZA
7-3-4 Public comment shall be allowed in all cases required by the Code of Virginia,
(1950), as amended.
7-3-5 The BZA members may ask questions of clarification and information after the staff
report, applicant presentation and citizen comment.
7-3-6 Petitions, displays, documents or correspondence presented at a meeting may be
made part of the official record of the meeting by motion of the BZA and are to be
kept on file by the Secretary. Such items need not be made part of the published
minutes.
- 4 -
7-3-7 Public Hearings
7-3-7-1 The BZA shall hold public hearings on all items as required by the Code of
Virginia, (1950), as amended. Such public hearing shall be advertised and
notifications provided as required by the Code of Virginia, (1950), as
amended.
7-3-7-2 The Chairman may establish special rules for any public hearing at the
beginning of said hearing. These rules may include limitations on the time of
staff report, applicant presentation and citizen comment.
7-3-8 Tabling
7-3-8-1 The BZA shall have the authority to table agenda items if any one of the
following situations occurs:
A) The agenda item does not meet the requirements of the Code of
Virginia, (1950), as amended.
B) The agenda item does not meet the requirements of the Code of
Frederick County.
C) Insufficient information has been provided for the agenda item.
D) Issues or concerns that arise during formal discussion of the agenda
item warrant additional information or study.
E) The applicant provides the Frederick County Zoning Administrator
with a written request to table the agenda item.
F) The Frederick County Zoning Administrator is advised of an
emergency situation that prevents attendance by the applicant.
G) The applicant fails to appear at the meeting in which the application
has been advertised to be acted upon.
ARTICLE VIII - AMENDMENTS
8-1 These by-laws may be amended by a majority vote of the entire voting membership
after thirty days prior notice.
8-2 BZA shall conduct an annual review of these by-laws to ensure their accuracy. All
amendments to these by-laws shall be considered by the BZA in December of each
calendar year. The BZA shall adopt their by-laws during the first meeting of each
calendar year.
- 5 -
`CAC CpG VARIANCE APPLICATION#02-12
4a"lY� . .� J. H. YOST
�`� } Staff Report for the Board of Zoning Appeals
li � Prepared: March 28, 2012
i r '&1 Staff Contact: Dana M. Johnston, Zoning Inspector
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:
April 17, 2012—Pending
LOCATION: Enon Springs (Shawneeland II) on Wardensville Grade (Route 608) near the
intersection of Route 608 and Route 55
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 69A-130-33
PROPERTY ZONING & USE: Zoned: RA (Rural Areas)
Land Use: Vacant
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) Use: Vacant
South: RA (Rural Areas) Use: Vacant
East: RA (Rural Areas) Use: Vacant
West: RA (Rural Areas) Use: Vacant
VARIANCE REQUESTED:
The applicant is requesting a 28 foot right side variance,resulting in a 22 foot right side setback, for
a single family dwelling.
REASON FOR VARIANCE:
With current setbacks, and how narrow the property is, there is no buildable area to construct a
dwelling.
Variance Application#02-12 —J. H. Yost
March 28, 2012
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 front and 15 feet for the side yards. Frederick County
amended its Ordinance in 1989 and 2009 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, 50 feet to the right, and 50 feet to the left.
Based on the small size of this property and the large setbacks associated with the RA zoning district,
the applicant is requesting a 28 foot right side yard variance. This variance, if granted,would result
in a 22 foot right side yard setback. The size of the lots in Enon Springs Subdivision is very similar
to Shawneeland Subdivision. The majority of the properties located in the Shawneeland Subdivision
are zoned R5 (Residential Recreational Community) and would have a setback of 35 feet from
R.O.W.,25 feet in the rear and 10 feet on the sides. This request from the current RA zoning district
setbacks would result in setbacks similar to, but still larger than, the rest of Shawneeland
Subdivision.
STAFF CONCLUSIONS FOR THE APRIL 17, 2012 MEETING:
The Code of Virginia 15.2-2309 (2), states that no variance shall be granted unless the application
can meet the following requirements:
1) The strict application of the Ordinance will produce an undue hardship.
2) The hardship is not generally shared by the properties in the same zoning district and
vicinity.
3) That the authorization of such variance will not be a substantial detriment to the adjacent
property and the character of the district will not be changed by the variance.
The applicant is seeking this variance in order to construct a single-family dwelling. Therefore,this
application for a variance meets the requirements as set forth by The Code of Virginia 1950 as
amended 15.2-2309(2), and Section 165-1001.02 (C) of the Frederick County Zoning Ordinance.
The strict application of the Frederick County Zoning Ordinance does produce an undue hardship as
required by the Code of Virginia. Should this variance be granted, the building setbacks for this
property would be 22 feet on the right side. Staff would recommend approval of this variance
request for reduction of the right side setback.
VAR # 02 - 12
J. H. Yost
PIN: 69A - 1 - 30 -33
28ff Right Side Variance
69A .,
130 57
•
‘41-40\3 69A
•WIS 0. \ 69A 130 53 69 A 1
130 52 ''• ,
69A
CI ,130 51
69A o%
69A 130 50 2i 69A
130 49 No 69A 130 36
•
2 69A 130 37
69A 69A 130 38 .
tit 3048 .a 13039. - :
69A
130 40 ��((l` l'i
k •• 69A•
ma
69A 69A 130 35
13033 13034
9A 1. ` r a• 9AR02 i 2 •
P(Rt 69A
0 43 ?It/'r. 69A 130 32
13031
69A
69A 69A 130 73
130 29
69A 69A 130 14
130 28 a 130 15 69A
69A 231 1
69A 69A 1.30 16
130 27 130 17 i, ,
.tti ' 69A - till -1
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9A i.,> '1% 130 18 �ZR‘ ,t
0 26 69A p.5t t' +s": d ( r;
69A:>.'' 130 19 `n 69A ,.,.it;,•,,1,, ,t''z ..
69A 11.30 20' a 69A 130 12
13021 69A 13011 .A 3 - '?m `, ?1 - -
13010 ti 1J J t 1
ii
69A. 69A r z i
130 22 'ct1^•' 69A 130 9 ,•
g.°. �\ 130 8 %/ r '
A +----, , r , i - y,69 18A:
69A
69A 130 7
1306 '
69A
Q Parcels
KIX-111.11*
O Building Footprints
Applications 1
B1 (Business,Neighborhood District) 4
B2(Business,General District) •, . 1 ' 14 c'l+
B3(Business,Industrial Transition District) ( e- wAR \
EM(Extractive Manufacturing District)
1)0 30.0.,--
�op .y
HE(Higher Education District) . / �� 1
M1 (Industrial,Light District)
M2(Industrial,General District) Note:
MH1 (Mobile Home Community District) Frederick County Dept of
\ VAR # 02 12 Planning&Development
MS(Medical Support District) 107 N Kent St
OM(Office-Manufacturing Park) ( j J. H. Yost Suite 202
R4(Residential Planned Community District) I PIN: 69A - 1 - 30 -33 Winchester,VA 22601
R5(Residential Recreational Community District) { 540 665-5651
,;_ a 28ft Right Side Variance Map Created:March 27,2012
RA(Rural Area District) <`! s/ Staff:djohnston
RP(Residential Performance District) 0 75 150 300 Feet
I I I I I
• •
a
®. ° APPLICATION FOR VARIANCE
e I L���' FREDERICK COUNTY, VIRGINIA
-OFFICE USE ONLY=
c4 Variance%Application# O —/ Submittal Deadline _ s /.
aSub�mtttal Date 3 !h For the BZA M eeting o .
Fee Amount Paid_ I7 Db —"ll Initials>'.. , . .- . %Receipt# /c 5 .5--.?7, n,•
SrgnbepositPaid
MUST BE TYPED OR FILLED OUT IN INK—PLEASE PRINT
1. The applicant is the owner C/ 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. APPLICAN'1>. �o / 4t,w OCCUPANT: (if different)
NAME: O'Cri cZ tit(4 ree,- (e lG` NAME:
/ADDRESS: /0 / L-ce- ADDRESS:
l0" Ivtditel/mi • / V y . 40I
TELEPHONE: fry()) 303 --/& Pt TELEPHONE:
3. The property is located at(give exact direct ons and include State Route Numbers): \
e tto '4 / 0/1rn 3 & 4 ei�/1 ee/Cc,v� 1
G0 (f- mead- Wt i�l + ' s2 � ✓1 /
I
4. The pro erty has a road frontage of/0 0 feet and a depth of 2 a 0 feet and consists of
acres (please be exact). •
/ f
5. The property is owned by 0 l 1 r(-I4t Lard LLeras evidenced by deed from
ih. CS 0i 4.10t c L vcu Zmu f�corded (p evious owner) in deed book no. on page
i
7
41
or instrument number 6 S 00 .7--- a 0 (Fof the deed books of the Clerk
of the Court for Frederick County. Please attach a copy of the recorded deed.
6. Magisterial District: u e Cam" 0j is-*
7. Property Identification Number(P.I.N.): 69 4 - / -IC — 3 3
8. The existing zoning of the property is: /gi
9. The existing use of the property is: Val `"4 '✓
10. Adjoining Property:
/ USE ZONING /��
North V4 c r��
East VA C-A44 �/
South ,/p, Ces. , 44
West �� C G.a�` /4
11. Describe the variance sought in terms of distance and type. (For example: "A 3.5' rear yard
variance per anpttached two-car garage.") /
P� F
I/11 ay Ua (LOA t d-F 216 f d
f,4 1 >it Oct ficfc-e' - .
12. L ist specific reason(s) why the variance is being sought in terms of, such as:
+- ®LExceptional narrowness, shallowness, size or shape of property, or
0-Exceptional topographic conditions or other extraordinary situation or condition of property, or
6i The use or development of property immediately adjacent thereto
?CC� l /dna/ �1�ridtA/r/ SS s4wlwt..) ne-SS'�
5 i or cf-t— 19 Po fi
8
• •
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:
Name and Property Identification Number �1 Address
Name (7 a4€ ^tham 6',c1 / V /i(�• /�n+CI 11/0 go 22 'F
Property# 69,4 /3c /� / za4 weal, ` 0 Co 22 7
Name Sib/ . Ae f/€ /man U! /C3/3- l w/ /tit.
Property# G91Q /7jG �7r /7�T(If7o/'d// 14 AAA
Nameaea(64.4-.7e s. / p 439/7 p,',i/.n/l,A i `
Property# /&0 i1/ / thet r,�rl iu / A n) 204:78
ta fi /o' w. ga ion 7o/ &&Pa4 5pr/l,s ?rc,Name 77/''eat- Le �/ne1-4+.-1
Sitar T t
r1&t(•N( , OP.,
2ZCoS
y Property# / 7e, ' %/ /1'7 /1/Nt.SZ4rtG L
Name 54q/1 % yz y 74 0
Property# 61/ _ ige - t L o/ .SKiz- c/14 zz-4'6 2
d%hat' / faci 2/2 %ma �LUJ4 //a I Name
Property# On_ /90— �7 [/�//t 5..4 Of 22 6.4 Z_
Name
Property#
Name
Property#
9
'k"�'.rT£".,�`15"&' Fda3^Pa:FS-Ei3E�"i`",au'1aa. 'i?�.'e�i`u''�5"�:'�_,.�ia�r�4.`s!F'�"nrv'^:°.PNuar°"§Ae7dk�,°Sama'du3��',»e��e..m`8�gtia[G�.fffia'"�. i��:w vd�fSriayZ �7.,zt7 .$t:?1"2':
• •
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.
10
SHEET 1 OF 1
NOTES:
I. BOUNDARY SHOWN HEREON WAS DETERMINED BY A RELO RUN SURVEY
PERFORMED BY ARE & ASSOCIATES ON JUNE 8, 2006. LINE BEARING DISTANCE
2. THIS PLAT IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
3. NO TITLE REPORT FURNISHED. L1 S 35'49'09(-5 6.56'
4. CONTOUR INTERVAL IS I FOOT. ELEVATIONS ARE ASSUMED, L2 N 77'05'09L 97.27'
5. PROPOSED WELL LOCATIONS ARE APPROXIMATE. CONTRACTOR IS RESPONSIBLE FOR L3 S 12'51'431�E 174.97'
MEETING ALL HEALTH DEPARTMENT REGULATIONS DURING INSTALLATION. L4 N 28.24.05;'-(E 66.75'
6. ALL PROPERTIES ZONED R5, USES ARE RESIDENTIAL. L5 N 78'58'36' E 40.79'
L6 S 22'00'07" W 70.60'
L7 S 88'39'59" W 45.35'
LB S 13'48'19" W 27.07'
BEE"MALT.
60' RPI
, 71E 100.00 REBAR
L1 1J 80'32 5 FOUND
L2
REBAR PROPOSED
FOUND WELL
r 35 BBL
1 19 960 I� \HP
o Sq F1 �� LOT 34 •
10 v LOT 32 v: 166 �a a
X97_ av
oN C, PROPOSED // /�
cig DRAINRELD
zm / 0 1
m_
g �
1
o,
0 AR
IRON PIPE v - ND
FOUND 5 8037'34 W LOT 14
LOT 15
LOT 16
PLAT 2.,SECtt01\1 30
BOUNDARY SURVEY, P YH OP
DRAINFIELD LOCATION SURVEY of = - r:`%
LOT- 33
MICHAEL M. ARTZ"' •
PLAT 4, SECTION 30 No. 1951
ENON SPRINGS, SHAWNEE-LAND '� ��0(°
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BACK CREEK DISTRICT, FREDERICK COUNTY,VIRGINIA 9411) SUR`IC:
SCALE: 1" :_40' DATE: JULY 4,2006 . •
PRESENT OWNER: r Artz and Associates, PLC
A Subsidiary of Valley Engineering, PLC
OLD VIRGINIA LAND L.L.C. UNO SURVEYING W10 PUNNING DEVELOPMENT
16 TM#69A-1-30-33 INST#050026208 CH East FA. 2201-4
MN-667-3N.VA. 2 3 6 01-6610
RL 510-667-3733 FAX 510-667-0168
PROJECT 1121620 TOLL FREE 1-800-755-7370 /
NOTE: THIS LOT
HAS NO BUILDING
SITE DUE TO 50'
SIDE SETBACKS
BEE o RAIL
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®T 33 `�PAICHAEL M. ARTZ➢
PLAT 4, SECTION 30 I No 1951
ENON SPRINGS, SHAWNEE-LAND 0
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BACK CREEK DISTRICT, FREDERICK COUNTY, VIRGINIA .° SUR\IF�
SCALE: 1" = 40' DATE: NOVEMBER 28,2006 (REV. 2-27-12) --
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AGREEMENT
VARIANCE # C0- It
(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 APPLICA T 0 w-
DATE -372
SIGNATURE OF OWNER DATE
(if other than applicant)
r OFFICE USE ONLY , , i, ?a�t:
i sF >i£s =
ti BZA PUBI IC HEARiNGOF i 4/1 7 -�A ,,,'> ACTION ;.:(,,,,:s.,,,,,,:-/.,
a ?- i a FDA�7C1.7.. ° a�aPr£ ,r t zie e
APPROVAL .> I
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DENI2 �', +. k 1 "'� Va ,: 1 N f
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� aa t` f , X x 6 x a e Ml t , r t
e a ''..4x.:•.. £1+ Y 1* C at.dq & Y r{ N r P:'.
.SIGNED e 44`..)2.4.'.c t p tr£f '" d. :A4.,, r 1 a4 a7 a'CiF we §'vi" 4Fy.0
SBZA'€HAIRMAN� h � r 4s 't,,,'. ,
t f i k ¢ a n9+:a � ., :( y 4 a .'
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COMMONWEALTH OF VIRGINIA
VIRGINIA DEPARTMENT OF HEALTH
Frederick County Health Department
107 N.Kent St.
Winchester,VA
(540)722-3480
August 9, 2006
AOSE Certification Letter
Old Virginia Land LLC
101 Lee Street
Winchester,Virginia 22601
Re:Tax Map#69A-1-30-33;
Dear Old Virginia Land LLC:
This letter is issued in lieu of a sewage disposal system construction permit in accordance with .
§32.1-164 H. of the Code of Virginia . The location and dimensions of the approved site are shown on the
approved plat. The application for a certification letter was submitted pursuant to §32.1-163.5 of the
Code of Virginia which requires the Health Department to accept private soil evaluations and designs
from an Authorized Onsite Soil Evaluator(AOSE) or a Professional Engineer working in consultation
with an AOSE for residential development. The site for an individual onsite sewage system was certified
as being in compliance with the Board of Health's regulations (and local ordinances if the locality has
authorized the local health department to accept private evaluations for compliance with local
ordinances)by Evans, Karl E. , (540) 974-4830. This letter is issued in reliance upon that certification.
The Board of Health hereby recognizes that the soil and site conditions acknowledged by this
correspondence, and documented by additional records on file (including those by a private Authorized
Onsite Soil Evaluator, AOSE, Evans, Karl E.) at the local health department, are suitable for the
installation of an onsite sewage disposal system. The attached survey plat shows the approved area for
the sewage disposal system and well. The plat must be recorded for this letter to be valid. This letter is
valid until a permit for construction is issued and the system is installed, inspected and approved. This
letter is void if there is any substantial physical change in the soil or site conditions where the sewage
disposal system is to be located.
A permit to construct the sewage disposal system must be issued before construction of the system. If the
property owner (current or future)applies for a construction permit within 18 months of the date of this
letter, the application fee paid for this letter shall be applied to any state fees for a permit to construct a
system. After 18 months, the applicant is responsible for paying all state fees for a permit application.
CD
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Tax Map#69A-1-30-33
This letter must be recorded in the land records within 90 days by the clerk of the circuit
court in the jurisdiction where all or part of the site or proposed site of the system is to be located. The
site shown on the plat is specific and must not be disturbed or encroached upon by any construction. To
do so voids this letter. If not recorded in 90 days this letter is void. Upon the sale or transfer of the land
that is the subject of this letter, the letter shall be transferred with the title to the property.
Future owners are advised to review the plat for the location of the onsite sewage disposal area to
make sure their building plans do not interfere with the area. If they have any questions regarding the
location of the area, they should contact the AOSE or PE identified on the previous page prior to
contacting the local health department for assistance.
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The area evaluated, and certified by this letter, is suitable to accommodate a 2 bedroom house
using a system design of 300 gallons per day . The property will be served by a private water supply as
shown on the attached plat.
This letter is an assurance that a sewage disposal system construction permit will be issued
(provided there have been no substantial physical changes in the soil or site conditions where the system
would be located); however, it is not a guarantee that a permit for a specific type of system will be
issued. The design of the sewage system will be determined at the time of application for a building
permit and sewage system construction permit. The design will be based on the site and soil conditions
certified by this letter, structure size and location, water well location (final determination to be made at
time of permit issuance), the regulations in effect at the time, and any off-site impacts that may have
occurred since the date of the issuance of this letter. In some cases, engineered plans may be required
prior to issuance of the construction permit. In accordance with §32.1-164.1:1 of the Code of Virginia ,
owners are advised to apply for a sewage disposal construction permit only when ready to begin
construction.
This certification letter may be subject to and must comply with any applicable local ordinances.
Sincerel ,
ry ggin
upe isor
Attachment: Surveyed Plat
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Certificate of Acknowledgment: Tax Map #69A-1-30-33
August 9, 2006
County of Frederick
Commonwealth of Virginia
I certify the information provided herein is true and/ curate to the .est of .• + •^ -dge and belief.
E va t( Hea Oeciali Ri
The foregoing instrument was acknowledged before me this � h day of
Notary Public
My commission expires: °ThaSU° 3) accc,
Owner's Signature �"' / .
County of t Y
Commonwealth of Virginia
I(we) authorize this certification letter be recorded in the grantee index of the Clerk of the Circuit Court
of Frederick County under my (our)name.
The for going instru• ent was a knowledged before me this day of;/`Tu�aSt
004 , by Li .. e..
16 6� c9 cS vim,
Notary Public
My commission expires: V 3 ACAD
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