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HomeMy WebLinkAboutBZA 07-17-12 Meeting AgendaAGENDA FREDERICK COUNTY BOARD OF ZONING APPEALS The Board Room Frederick County Administration Building 107 N. Kent Street Winchester, Virginia July 17, 2012 3:25 p.m. CALL TO ORDER 1) Determination of a Quorum 2) Minutes of April 17, 2012 PUBLIC HEARING 3) Variance Request #03 -12 of Steven and Katrina Hawes, for a 20 foot right side variance and a 20 foot left side variance, resulting in a 30 foot setback on both sides, for a single family dwelling. This property is located in Lake St. Clair Subdivision, Lake St. Claire Drive, Lot 16, and is identified with Property Identification Number 31A -1 -16 in the Gainesboro Magisterial District. 4) Variance Request #06 -12 of 300N, LLC, submitted by Marsh & Legge Land Surveyors, P.L.C., for a 20 foot right side variance and a 20 foot left side variance, resulting in a 30 foot setback on both sides, for a single family house. This property is located on the right side of cul -de -sac at the end of Woodridge Lane (Route 747), and is identified with Property Identification Number 30A -2 -25 in the Gainesboro Magisterial District. 5) 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 April 17, 2012. PRESENT: Jay Givens, Chairman, Back Creek District; Kevin Scott, Vi District; Gary Oates, Stonewall District; R. K. Shirley, 111, Opequon Did Gainesboro District; Eric Lowman, Red Bud District; and Robert W „W!ell ABSENT: STAFF PRESENT: Mark R. Cheran, Zoning Admimstrator.0fina M Bev Dellinger, BZA Secretary. CALL TO ORDER The meeting was called to order there is a quorum. Chairman Givens led the Pledge of Chairman Givens asked ittli'eie are any responded there aren't any applicatioris;pendinl °'rf 2012. t . On a motion made March 20, 201 meeting „w uman, Shawnee iuce Carpenter, ber- At- Large. Zoning Givens at "327,n.m. and he determined Pplications for the May meeting. Mr. Cheran at this, =,time; the cut -off date is Friday, April 20, ,ed by Mr. Carpenter, the minutes for the as presented. Variance Request 402 -12 of J. H. Yost, for a 28 foot right side variance, resultingtin a 22 foot right side setback, for a single family dwelling. This property isYlocated at Enon Springs (Shawneeland H) on Wardensvdle;;Gfade (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. 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 Frederick County Board of Zoning Appeals Page 1588 April 17, 2012 of the property makes it challenging to construct a dwelling at the current setbacks. This variance request is to allow for the construction of an approximate 28 foot by 36 foot dwelling. This request from the current RA zoning setback would result in a setback similar to, but larger than, Shawneeland Subdivision. If the variance is approved, the setbacks will be right side 22 feet, front 60 feet, left side 50 feet and rear 50 feet. 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. A ' Mr. Carpenter stated that the plat in the agenda packet sh part of this variance request? Mr. Johnston responded that a applicable for a detached garage because it would be consider setbacks for an accessory structure would be 60 feet from the `r property lines. The applicant should be able to meet those requir Chairman Givens noted that it's difficult to`scalelif think the plat is showing the garage as being 15 feet off wants it to be very clear in any motion of approval that consideration or approval of today's varian erequest. Mr. Johnston stated that typically an typically a variance would not be granted for Mr. Scott told Mr. the plat that, as an accesse Chairman Given: does not want it to come r. Yost waritc as it's 15 feet Chairman Givens s consideration before this B Department will furnish, the garage will meet the oposed garage; is that a request would not be cessory:structure. The 15 feet off all the other he has, but he doesn't _ss 'line. Chairman Givens is not included in the as a hardship, and sure that it's stated on is for setbacks. he is not sure tliatAhe plat actually shows 15 feet and he E_w 6ard;approved omething that they did not. podium and identified himself as the owner of the ition on the garage. He asked if a garage can still be t all he is saying today is, the garage is not part of the When Mr. Yost gets ready to build the garage, the Zoning setbacks without a variance request. Chairman Givensryasked if anyone would like to speak for or against the variance request. Hearing no one, Chairman Givens closed the public hearing portion of the meeting. Discussion Mr. Carpenter thanked Mr.Yost for the completeness of his application. Mr. Oates made a motion to approve Variance Request 402 -12 for a 28 foot right side Frederick County Board of Zoning Appeals Page 1589 April 17, 2012 variance, resulting in a 22 foot right side setback, and that any future accessory structures must meet setbacks at that time. Mr. Scott seconded the motion and it passed unanimously. Other There being no further business, the meeting adjourned at 3:35 p.m. Respectfully submitted, James Bev Dellinger, Frederick County Board of Zoning Appeals Page 1590 April 17, 2012 VARIANCE APPLICATION #03 -12 STEVEN AND KATRINA HAWES Staff Report for the Board of Zoning Appeals Prepared: June 25, 2012 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: July 17, 2012 — Pending LOCATION: Lake St. Clair Subdivision, Lake St. Clair Drive, Lot 16 MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 31A -1 -16 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: Rural Areas (RA) Use: Residential South: Rural Areas (RA) Use: Residential East: Rural Areas (RA) Use: Lake West: Rural Areas (RA) Use: Vacant VARIANCE REQUESTED: The applicant is requesting a 20 foot right side variance and a 20 foot left side variance, resulting in a 30 foot setback on both sides, for a single family dwelling. REASON FOR VARIANCE: This property has a width of 130 feet and a depth of approximately 300 feet; therefore, current setback requirements for the RA zoning district eliminate buildable area on the property. Variance Application 403 -12 — Steven and Katrina Hawes June 25, 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 fronts 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 is one acre in size with a width of 130 feet and a depth of 300 feet, the eastern part of the property adjoins Lake Saint Clair and, therefore, part of the property is within the flood plain according to the FEMA maps. Based upon the Engineering Assessment Report for Lake Saint Clair Dam dated October 12, 2009, the 100 year base flood elevation is 734.8; the proposed dwelling basement will be constructed at an elevation of 765.0, making the dwelling 31 feet above the flood elevation. The property cannot meet the current setbacks associated with the RA zoning district. The applicant is requesting a variance of 20 feet on the southern and northern property lines from the current 50 foot setback side requirement of the RA zoning district. This variance, if granted, would result in a 30 foot right and left side setback. The Code of Virginia 1950 as amended 15.2- 2309(2) and Section 165- 1001.2(C) of the Zoning Ordinance states that no variance shall be granted unless the application can meet the following requirements: The strict application of the Ordinance will produce an undue hardship, the hardship is not generally shared by the properties in the same zoning district and vicinity, that the authorization of such variance will not be a substantial detriment to adjacent property, and the character of the district will not be changed by the variance. STAFF CONCLUSIONS FOR THE JULY 17, 2012 MEETING: 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 30 feet on the right and left sides of the property. Applications Parcels dr Building Footprints B1 (Business, Neighborhood District) 82 (Business, General Distrist) 4W 83 (Business, Industrial Transition District) EM (Extractive Manufacturing District) 40 HE (Higher Education District) ® M1 (Industrial, Light District) M2 (Industrial, General District) 40 MH1 (Mobile Home Community District) 4W MS (Medical Support District) OM (Office • Manufacturing Park) R4 (Residential Planned Community District) RS ( Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) S' .NYU �'Gk�lk/'Lk}fFX l C�"L % Note: VAR # 03-12 Frederick County Dept of Steven Katrina Hawes Planning & Developmen® and 107 N Kent Si PINS: Suite 202 31 A - 1 - 16 Winchester, VA 22601 20ft Right and Left 540 -665 -5651 Side Variance Map Created: June 14, 2012 Staff: djohnston 0 75 150 ,3IAJ4 Applications Paroels Building Footprints Index Contours (261t) Intermediate Contours (5ft) dye B7 (Business, Neighborhood District) B2 (Business, General Distrist) B3 (Business, Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) Mt (Industrial, Light District) M2 (Industrial, General District) 40 MH1 (Mobile Home Community District) 4W MS (Medical Support District) 40 OM (Office - Manufacturing Park) R4 (Residential Planned Community District) IRS (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) 31P 116 VAR0312 VAR #03 -12 Steven and Katrina Hawes PINS: 31A -1 -16 20H Right and Left Side Variance 31AIA Note: Frederick County Dept of Planning Developments 107 N Kent St Suite 202 Winchester, VA 22601 540 - 665 - 5651 Map Created: June 14, 2012 Staff: dlohnston 0 75 150 MARSH & LEGGE LAND SURVEYORS, P.L.C. 560 North Loudoun Street, Winchester, VA 22601 e 540- 667 -0468 ■ Fax: 540- 667 -0469 0 E -mail: office @marvhandlegge.com June 22, 2012 Mr. Mark Cheran Zoning and Subdivision Admininstrator County of Frederick, VA Re: Steven G. & Katrina S. Hawes property TM #31A -1 -16 Lot 16, Lake St. Clair Subdivision Mr. Cheran: The Hawes have asked me to evaluate their proposed dwelling to be located on Lot 16, Lake St. Clair Subdivision with regards to the 100 year flood elevation for said Lake St. Clair. Based upon the Engineering Assessment Report for Lake St. Clair Dam dated October 12, 2009 and prepared by Triad Engineering, the 100 year Base Flood Elevation is 734.8. The Hawes have provided to me a plan prepared by John Thomas Massie Design showing the proposed dwelling basement elevation of 765.0. This plan design would place the proposed structure 30.2 feet above this Base Flood Elevation. In addition, according to the approved LOMA Case #110- 03 -1781A for the adjacent property to the north (Lot 15 belonging to John Schroth), wherein the structure was removed from the Special Flood Hazard Area (SFHA), the lowest adjacent grade was identified as 737.0. The proposed Lot 16 basement floor is still well above this elevation. Based on this review of the published flood information we would find that the proposed dwelling elevations are planned well above the 100 year base flood elevation. We are in the process of preparing a CLOMA for approval by FEMA for the subject property. Should you have any questions regarding this information, please do not hesitate to call. Sincerely, Michael M. Artz, L.S. MMA/clh 1, APPLICATION FOR VARIANCE FREDERICK COUNTY, VIRGINIA - OFFICE USE ONLY - Variance Application # 03 / Submittal Deadline % A a A Submittal Date �L Z For the BZA Meeting of —W�2 Fee Amount Paid 000 " Initials: Sign Deposit Paid SC %' %> Receipt 4 MUST BE TYPED OR FILLED OUT IN INK – PLEASE PRINT 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: NAME: %�Ilc�i� (�'•�`� Y ADDRESS: i5 3Z h/ %/VC�C.�� TELEPHONE: OCCUPANT: (if different) NAME: /'A.' / / 5 FS ADDRESS: /) L& i/ PL_. TELEPHONE: The property is located at (give exact directions and include State Route Numbers): kAeF-,57_(-/,4112 The property has a road frontage of /30 feet and a depth of 300 feet and consists of _acres (please be exact). The property is owned by S as evidenced by deed from �U /Sj�J2?'J recorded (previous owner) in deed book no. on page 0 9 or instrument number 05 O UQ 76e,) Z, of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: ad-% /L C*? 11'W L Property Identification Number (P.I.N.):'/� 8. The existing zoning of the property is: 9. The existing use of the property is: V/�'/ /y 10. Adjoining Property: USE ZONING Northf East South West 11. Describe the variance sought in terms of distance and type. (For example: "A' 5' rear yard variance for an attached two -car garage. ") r 12. List specific reason(s) why the variance is being sought in terms of, such as: ® 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 D. 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: CName and Property Identification Number Address Name //��s/� ✓'4 ZZ.Go / Property # _ ^ �� Name S 4is /��� �F7� f7 C 4 /' "te V !/�SM 1I °/w 9` v%Q 22 �tU Property # /�1— —� Name Sf /� / , /'I� (/i� /n�WSK'� y�� Yt4 Property ft ��T ` Name Property # Name Property # Name Property # Name Property # Name Property 4 0 0 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 tines and to the nearest structure(s) on adjoining properties. Please include any other exhibits, drawings or photographs with this application. 10 a S I \ r,�me SJiwp�y( nn m um m Ix � Ar nm'er m xo-� w,lo.mx U N i1'ZGroW `v .9 �� D eYTp� ei ev Cv e� ftR ftnN L n i W Y -lo Il AGREEMENT VARIANCE # 03 —/ (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 APPLICANT DATE Z'71 SIGNATURE OF OWNER jd -�) • ( DATE J1112— (if other than applicant) - OFFICE USE ONLY - BZA PUBLIC HEARING OF Z�)_ ACTION: -DATE- APPROVAL DENIAL SIGNED: DATE: BZA CHAIRMAN J � sjQ V r Nor s4 o v .,A .. Fe (dZ v m G x s4 o m U' U H GREGORY F. HUTCHINSON ATTOFNEI'ATL W WINO eST .VA2 l 0 9 030007606 THIS DEED, made and dated this 1 Cam' day of March, 2003, by and between MARY LOUISE DAME (formerly known of record as MARY LOUISE MOORE), hereinafter called the Grantor; and STEVEN G. HAWES and KATRINA S. HAWES, husband and wife, hereinafter called the Grantees. WITNESSETH: That for and in consideration of the sum of Ten Dollars, and other valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey with General Warranty and English covenants of title unto the Grantees, as tenants by the entireties with common law right of survivorship, the following property: All that certain lot or parcel of land, lying and being situate about one and one -half miles west of Cedar Grove, in Gainesboro Magisterial District, Frederick County, Virginia, and more particularly described as LOT 16 of LAKE ST. CLAIR INCORPORATED, the Deed of Dedication and Plats of which are recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 256, at Page 127; LESS AND EXCEPT the portion of Lot No. 16 conveyed to J. Frederick Larrick, et ux, by deed of Louise D. Gavitt, et. vir., dated November 17, 1965, and recorded in the aforesaid Clerk's Office in Deed Book 317, at Page 295; AND BEING the same property conveyed to George R. Moore and Mary Louise Moore from George L. Sheppard and Marguerite H. Sheppard by deed dated December 3, 1976, of record in the aforesaid Clerk's Office in Deed Book 467, at Page 115; the said George R. Moore died September 30, 2000, and title to the property vested in Mary Louise Moore, now Mary Louise Kelley Dame, under the survivorship provisions of the aforesaid deed. Reference is hereby made to the aforesaid instruments and the attachments and the references therein contained, for a more particular description of the property hereby conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record, if any, affecting the subject property. WITNESS the following signature and seal: -5 rn Z— (SEAL) MARY LOUISE DAME formerly known as MARY LOUISE MOORE STATE OF VIRGINIA, CITY /C'^�OFL,- -) I'— n to -wit: The foregoing instrument was acknowledged before me in my City/County and State this 10-"L-" day of March, 2003, by MARY LOUISE DAME, formerly known as MARY LOUISE MOORE. My Commission Expires: rY � NOTARY PUBLIC M V't= 2GIIv1A: FR17D :RICK COUNTY, SCT. wse - -�arsd to me on 11iis ins.n�m�t of v' ticg r �-Lii ;ate �f acknosv;ed�mcnt thereto annexed ea'to reaxd. T :mposed by Sec. 58.1 -$62 of a-id 58.1 -961 have been paid, if assessable OREOORY F. Clerk HurrA IINBON l ��j[ / ATTOF AT W J 124S.SWAD KST. WINCHE9i8i,VA228 1 i VARIANCE APPLICATION #06 -12 300N, LLC Staff Report for the Board of Zoning Appeals Prepared: June 26, 2012 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 he useful to others interested in this zoning matter. BOARD OF ZONING APPEALS HEARING DATE: July 17, 2012 — Pending LOCATION: Right side of cul -de -sac at the end of Woodridge Lane (Route 747). MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 30A -2 -25 PROPERTY ZONING & USE: Zoned: RA Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Residential East: RA (Rural Areas Use: Residential West: RA (Rural Areas) Use: North Frederick Pike (Route 522) VARIANCE REQUESTED: The applicant is requesting a 20 foot right side variance, and a 20 foot left side variance, resulting in a 30 foot setback on both sides, for a single family house. REASON FOR VARIANCE: With current setbacks, extreme topography, and the location of the proposed well and drainfield site, there leaves a very small building area. Variance 406 -12 — 300N, LLC June 26, 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, 60 feet to the rear, 50 feet to the right, and 50 feet to the left. This property was created in 1974 as part of an approved subdivision named Braddock Hills Section 11. There are a total of 13 lots that all average 1.74 aces in size. This lot remains the only one in the subdivision that is currently vacant. Dwellings on adjoining lots, and most other dwellings within the subdivision, were constructed prior to current regulations and would be considered non- conforming with regards to side yard and front yard setbacks. The applicant believes, due to this lot being very steep with slopes in excess of 30 percent, the location of the proposed well and drainfield sites, and the RA (Rural Areas) setbacks, that this application is appropriate for a request to get a variance to allow reduction for current setback regulations. The applicant feels that meeting the required 60 foot setback for the front and 60 foot rear setback should not be difficult. However, the required 50 foot setbacks for each side create a triangular building restriction area and could be exigent to construct a dwelling within those building restriction lines. The applicant is seeking a 20 foot variance for both the left and right sides of the property, resulting in 30 foot setbacks on both sides. STAFF CONCLUSIONS FOR THE JULY 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 30 feet on the right and left sides. OApplications Y��NEgF1\pRCNRO Q Parcels Building Footprints �`- B1 (Business, Neighborhood District) B2 (Business, General Distrist) B3 (Business, Industrial Transition District) & , aHkrti EM (Extractive Manufacturing District) \�sl£a�k E \ y � xpK- HE (Higher Education District) o ® M1 ( Industrial, Light District) M2 (Industrial, General District) Note: MHt (Mobile Home Community District) f VAR # 06-12 Frederick County Dept of Planning & Development MS (Medical Support District) 300 N LLC 107 N Kent 51 OM (Office - Manufacturing Park) PINs: Suite 202 e R4 (Residential Planned Community District) 30A - 2 - 25 Winchester, VA 22601 R5 (Residential Recreational Community District) �' Leff and Right Side Yard 540 - 665 -5651 Variance Map Created: June 27, 2012 RA (Rural Area District) ( J Staff: djohnston RP (Residential Performance District) 0 75 150 300 Feet I C, J i(\ VAR #06 -12 300 N LLC PINS: 30A -2 -25 Left and Right Side Yard Vadonce 0 75 150 maam Note: Frederick County Dept of Planning Developments 107 N Kent St Suite 202 Winchester, VA 22601 540 - 665 - 5651 Map Created: June 27, 2012 Staff: djohnston 300 Feet I� Applications Parcels Building Footprints Index Contours (25d) Intermediate Contours (511) B7 (Business, Neighborhood District) " B2 (Business, General Distrist) B3 (Business, Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (industrial, Light District) M2 (Industrial, General District) MPH (Mobile Home Community District) MS (Medical Support District) �R OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) C, J i(\ VAR #06 -12 300 N LLC PINS: 30A -2 -25 Left and Right Side Yard Vadonce 0 75 150 maam Note: Frederick County Dept of Planning Developments 107 N Kent St Suite 202 Winchester, VA 22601 540 - 665 - 5651 Map Created: June 27, 2012 Staff: djohnston 300 Feet 0 6 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT r' Elf r` IC�p� 2 2 2012 Np 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: NAME:—Mike Artz C/O Marsh & Legge ADDRESS 560 N. Loudoun St._ Winchester VA 22601 TELEPHONE: 540 - 667 -0468 OCCUPANT: (if different) NAME: 300N, ADDRESS:_100 W. Jubal Early Drive Winchester, VA 22601 TELEPHONE: 540- 678 -0300 3. The property is located at (give exact directions and include State Route numbers): Right side of cul -de -sac at the end of Woodridge Lane (Va. Rte. 747) 4. The property has a road frontage of — 69.47—feet and a depth of _355.1 feet and consists of_1.141_acres (please be exact). F7 0 Substitute Trustee recorded (previous owner) in Instrument no. 100001660 of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: Gainesboro Property Identification No.:_TM #30A -2 -25 8. The existing zoning of the property is 9. The existing use of the property is 10. Adjoining Property: am vacant RA RA RA 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. ") 20' Right Side yard Variance and a 20' Left Side yard Variance for a proposed single family home 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 Subject property was created in 1971. All adjoining lots were built on shortly thereafter. This lot is a very steep lot with slopes in excess of 30 %. The lot is exceptionally narrow due to being a cul -de -sac lot that was created prior to current regulations. Location of a proposed well and drainfield site leaves a very small building area that can reasonably be accessed. Dwellings on adjoining lots were constructed prior to current regulations and would be considered non - conforming with regards to side yard setbacks. 13. Additional comments, if any: USE North residential East residential South residential West residential am vacant RA RA RA 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. ") 20' Right Side yard Variance and a 20' Left Side yard Variance for a proposed single family home 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 Subject property was created in 1971. All adjoining lots were built on shortly thereafter. This lot is a very steep lot with slopes in excess of 30 %. The lot is exceptionally narrow due to being a cul -de -sac lot that was created prior to current regulations. Location of a proposed well and drainfield site leaves a very small building area that can reasonably be accessed. Dwellings on adjoining lots were constructed prior to current regulations and would be considered non - conforming with regards to side yard setbacks. 13. Additional comments, if any: F 13. Additional comments, if any: lJ 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 Erin E. Thomas Address 196 Woodridge Lane, Winchester, VA 22603 Property ID # TM #30A -2 -26 Jacob N. O'Neil & Jennifer I. Halterman Address 207 Woodridge Lane, Winchester VA 22603 Property ID # TM #30A -2 -23 Edward D. & Mary Paula Wilson Address 201 Woodridge Lane, Winchester VA 22603 Property ID # TM 430A -2 -22 Roy G. Miller Address 3467 N. Frederick Pike, Winchester VA 22603 Property ID # TM #30 -A -139 James W. Jr., & Cathy L. Wilson Address 109 Fortress Drive, Winchester VA 22603 Property ID # TM #30- A -139B Jerry R. Baker, Jr. Address 3505 N. Frederick Pike, Winchester VA 22603 Property ID # TM #30- A -139A Address Property 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. 0 0 A= 69.47' C =60.00' / D= 79'36'24' C= 64.02' CB =S 3421'38" W Jacob N. O'Neil & Proposed Jenlffer I. Hniterman >umed'Meeidla_ n woil • Reber InSt x,#100 - 4197 Found / od Lot Ac. \ 4.150 0 2 A�. Notes: \ #30A -2 -2 I. Boundary shown hereon was in E. Thomas BR( p0 determined by o field run a ._ #100009222 .o survey performed under my Lot aza 3 26 _ - — ?0p direction. 1.425 Ac. Proposed 2. This plat is subject to ° / n — Dwelling easements and restrictions of —860� record. o \3. No title report furnished. oo N , >. 309 proposed slopes in \Dmmfield / 1`141 A c \\` �_\__ 18' Monument Proposed Land Development Plan Lot 25 Braddock Hills Estates, Section 2 0� 300N, LLC TM #30A -2 -25 Inst. #100001660 (o MICHAEL M. ARTZ� Gainesborc District; Frederick County, Virginia Lic. No. 1513 -B R DATE 0612112072 SCREE 1'" = 50" SHEET 7 OF J (yND SURNEyo Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 DRAWN 3K- MMA PHONE (540) 667 -0468 - FAX (540) 667 -0469 , EMAIL off ce®marshonclegge.com _1D9132 HCdwg • AGREEMENT VARIANCE # 0 (o - /4- (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 APPLICANT C, lj/� riCt DATE I ��� SIGNATURE OF OWNER / ;� DATE f 9U t plicant) - OFFICE USE ONLY- BZA PUBLIC HEARING OF ACTION: DATE- APPROVAL SIGNED: BZA CHAIRMAN DENIAL DATE: 0 0 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.co.frederick.va.us [—Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665 -5651 Facsimile (540) 665 -6395 Know All Men By These Presents: That I (We) (Name) Soo tj (Phone) E '{yo) %p g3co (Address) %D W ��,w C�/tu &✓e- bt/t,t� VA 22'rc 1 the owner(s) of all those tracts or parcels of land'(" Property") conveyed to me (us), by deed recorded In the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 100001660 on Page 0224 , and is described as Parcel: Lot: 25 Block: Section: 2 Subdivision: Braddock Hills Estates do hereby make, constitute and appoint: (Name) Michael M. Arte (Phone) 540- 667 -0468 (Address) 560 North Loudoun Street, Winchester Va 22601 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: Rezoning (including proffers) Conditional Use Permit — _Master Development Plan (Preliminary and Final) Site Plan _Variance or Appeal My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the y it is signed, or until it I otherwise reset ed or modified. In witness thereof, l (we) Kaye_ o s our) and and seal this 22 day of, 20 /?, Signature(s) State of 'Virginia, + f To -wit: 1, LZXC4 /' , a Notary Public in and for the jurisdiction aforesaid, certify that the person(s o signed to the foregoing instrument pe onally Appeared before me and has acknowle g e me be f e in the jurisdiction aforesaid thisday of , ? JZ. Qjyr My Commission Expires: �� 30 02— Notary Public „' SANDRA F. RYAN V COMMONWEALTH OF VIRGINIA MYCOMMISSION EXPIRES NOV 30.2012 0 00001660 N Tax Map Id No. 30A -2 -25 P q-.d by w Rw e: ThL M. Dkljm , Jr. Consideration: $25,000.00 (Assessed value: $8,100.00) Wo 1. Rice hkl).vidcuanst..et.lr 480 W. hbel Ei y DM Sim 130 Grantee's Address: P. O. Box 3550 Wmh�., Virginia 22001 Winchester, VA 22604 SUBSTITUTE TRUSTEE'S DEED THIS DEED, made and entered into this 25" day of February, 2010, by and between THOMAS M. DICKINSON, JR., Substitute Trustee, Grantor, and 300N, LLC, a West Virginia Limited Liability Company, Grantee, whose address is 300 North Main Street, Moorefield, WV 26836; WITNESSETH: WHEREAS, by that certain Credit Line Deed of Trust dated March 7, 2008, recorded in the Office of the Clerk of the Circuit Court of the County of Frederick, Virginia, as Instrument No. 080002829, E. E. Bayliss, Jr., conveyed the hereinafter described property to Ronald F. Miller and Cynthia J. Layman, Trustees, to secure the payment of a promissory note dated March 7, 2008, in the original principal amount of One Hundred Forty Six Thousand Four Hundred dollars ($146,400.00) with interest thereon as set out in the promissory note, payable to the order of Summit Community Bank; said promissory note containing a waiver of the Homestead Exemption; and WHEREAS, by Substitution of Trustee dated November 17, 2009, recorded in the aforesaid Clerk's Office as Instrument No. 090012922, Summit Community Bank, Inc., appointed Thomas M. Dickinson, Jr., a resident of Virginia, as Substitute Trustee to serve in the place and stead of Ronald F. Miller and Cynthia J. Layman, the original Trustees, to have all the N N CA title, powers, authority, duties and discretion conferred upon the original Trustees by the terms of the Deed of Trust and applicable law, in the same manner and to the same effect as though he, Thomas M. Dickinson, Jr., was originally named therein as Trustee; and WHEREAS, Thomas M. Dickinson, Jr., Substitute Trustee, upon request of Summit Community Bank, Inc., the holder of the said promissory note and indebtedness, advertised the property described herein for sale under the terms of the said Deed of Trust by publishing notice of the time, place, and terms of sale once a week for two consecutive weeks in the Northern Virginia Daily, a daily newspaper of general circulation in the County of Frederick, Virginia, on December 9, and December 16, 2009 and re- advertised the property described herein for sale under the terms of the said Deed of Trust by publishing notice of the time, place, and terms of sale once a week for two consecutive weeks in the Northern Virginia Daily, a daily newspaper of general circulation in the County of Frederick, Virginia, on January 15, and January 22, and WHEREAS, Thomas M. Dickinson, Jr., Substitute Trustee gave notice of the time, place and terms of sale to E. E. Bayliss, Jr., to all personal guarantors of the said promissory note and indebtedness, and to any and all subordinate lien creditors by certified mail in compliance with the provisions of Va. Code Ann. § 55 -59.1; and WHEREAS, Thomas M. Dickinson, Jr., Substitute Trustee proceeded to offer the property described herein for sale at public auction at the front entrance of the Frederick County Circuit Court, 5 North Kent Street, Winchester, Virginia, on January 29, 2010, at 10:00 a.m., EDT, at which sale 300N, LLC, bid the sum of Twenty Five Thousand Dollars ($25,000.00), that being the highest and last bid therefore; and 0 N N WHEREAS, the said Substitute Trustee sold the property described herein to 300N, LLC, for the sum of Twenty Five Thousand Dollars ($25,000.00) and received a bidder's deposit of Two Thousand Five Hundred Dollars ($2,500.00) and has now received the balance of the purchase price. NOW, THEREFORE, in consideration of the premises and the sum of Ten Dollars ($10.00) cash in band paid, the receipt of which is hereby acknowledged by the Grantor, the Grantor does hereby grant, bargain, sell, and convey with SPECIAL WARRANTY OF TITLE unto the said 300N, LLC, the following described real estate to -wit: All that certain lot of land lying and being situate in Gainesboro Magisterial District of Frederick County, Virginia, on the North side of Woodridge Drive, more particularly described as Lot No. 25, Braddock Hills Estate, Section Two, on the plat of H. Bruce Edens, C.L.S., surveyed July 13, 1971 and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 438, at Page 827. AND BEING a portion of the property conveyed to E. E. Bayliss, Jr, by Deed from Fred L. Glaize, III and E. E. Bayliss, Jr., dated November 22, 2006 of record in the aforesaid Clerk's Office as Instrument Number 070000435. Reference is hereby made to the aforesaid instruments and the references contained therein for a fiuther and more particular description of the property conveyed herein. This conveyance is made expressly subject to the restrictions, conditions, rights- of -way, and easements, if any, contained in the instruments constituting the chain of title to the property conveyed herein. CD N N J WITNESS the following signature and seal: Thomas M. Dickinson, Jr., Substitute Trustee COMMONWEALTH OF VIRGINIA CITY OF WINCHESTER, to wit: The foregoing instrument was acknowledged before me this 25'x day of February, 2010, by Thomas M. Dickinson, Jr., Substitute Trustee. S My commission expires: � ;il� � ( �C�9331 I My registratio n number is: Notary Public siNiorl EW= 'ai,..;1NI.`,: FREllGRICK COUNUKSCf. This instrwnent of writing was produced to me on at 1 11 f5;-l- n M and with certificate acknowledgement thereto annexed was admitted to record Tax imposed by Sea 58.102 of w S and 58.1.801 ham been paid, if assessable. =�E 2880779.1