BZA 03-20-12 Meeting AgendaAGENDA
FREDERICK COUNTY BOARD OF ZONING APPEALS
The Board Room
Frederick County Administration Building
107 N. Kent Street
Winchester, Virginia
March 20, 2012
3:25 p.m. CALL TO ORDER
1) Determination of a Quorum
2) Minutes of January 17, 2012
PUBLIC HEARING
3) Variance Request #01 -12 of Ellen L. Spicer, submitted by Painter -Lewis P.L.C., for a 10
foot front yard variance, resulting in a 50 foot front yard setback, and a 32 foot variance on
both 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 Route 522,
and is identified with Property Identification Number 64 -A -57 in the Shawnee Magisterial
District.
4) Other
Held in the Board Room of the Frederick County Administration Building, 107 N. Kent Street,
Winchester, Virginia, on January 17, 2012.
PRESENT: Kevin Scott, Chairman, Shawnee District; Jay Givens, Vice Chairman, Back Creek
District; Gary Oates, Stonewall District; R. K. Shirley, Ill, Opequon District; and Eric Lowman,
Red Bud District.
ABSENT: Bruce Carpenter, Gainesboro District and Robert W. lis, Member -At- Large.
STAFF
PRESENT: Mark R. Cheran, Zoning Administrator; and-Bev Dellinger, BZA Secretary.
The meeting was called to order by Chairman Scott at 3:25'p.m.,and he determined there
is a quorum.
On a motion made by Mr. Oates and seconded`by Mr. Lowman, the minutes for the
December 20, 2011 meeting were unanimously approved as presented.
Chairman Scott asked if therets ill be a February meeting. Mr. Cheran responded there is
one new application that is aware of at this time, but it hasn't officially been submitted. The
cut -off date is Friday, January 20, 2012:,,;
MEETING MINUTES
OF THE
FREDERICK COUNTY BOARD OF ZONING APPEALS
ELECTION OF OFFICERFS'AND ADOPTION OF BYLAWS
Chairman Scott opened floor fornominations for Chairman. Mr. Shirley made a
rte'
motion to nominate Mr. Givens and Mr. Lowman seconded the motion. The floor was closed for
nominations on motion by Mr. Oates, seconded by Mr. Givens. The vote was unanimous for Mr.
Givens as Chairman. Mr. Givens abstained from voting.
1
Chairman Scottopened the floor for nominations for Vice Chairman. Mr. Givens made a
motion to nominate Mr ::Scott and Mr. Shirley seconded the motion. The floor was closed for
nominations on motion jiy Mr. Oates, seconded by Mr. Lowman. The vote was unanimous for
Mr. Scott as Vice Chairman. Mr. Scott abstained from voting.
CALL TO ORDER
Chairman Scott opened the floor for nominations for Secretary. He pointed out that this
position, historically, is held by a County employee. Mr. Shirley made a motion to nominate Ms.
Dellinger and Mr. Givens seconded the motion. The floor was closed for nominations on motion
by Mr. Lowman, seconded by Mr. Oates. The vote was unanimous for Ms. Dellinger as
Frederick County Board of Zoning Appeals Page 1581
January 17, 2012
Secretary.
Mr. Cheran stated that traditionally the Board of Zoning Appeals has met at 3:25 p.m. on
the third Tuesday of the month. In checking with County Administration to find out why the
BZA designated 3:25 p.m. as the meeting time, Mr. Cheran found out that many years ago this
time was set in order to secure the Board Room for that particular day, and the 3:25 p.m. time
slot has remained the same. Mr. Cheran pointed out that the time can be changed to 3:00, 3:30 or
even 4:00 p.m., at the discretion of the Board.
Mr. Lowman made a motion to keep the Board of Zoning Appeals' meeting time at 3:25
p.m., on the third Tuesday of the month, with Thursday at 3:25 p.m. following -the third Tuesday,
as the make -up meeting date. Mr. Shirley seconded the motion and the vote was;unanimous.
Mr. Givens has some concerns regarding the Bylaws he would like to Ybring to the
Board's attention. Under Article IV Officers, 4 1 Mr. Givens feels it should read, "..:the
Secretary may be a County employee rather than shalLbe.a County employee. Mr. Givens
explained that the State Code reads that the Secretary can be a member of the Board, or a County
employee.
In reading the State Code, Mr. Givens found that under Sectton.15 2 -2308, it states
except for matters governed by 15 .2 -2312, no action of the Board ,shall be valid unless
authorized by a majority vote of those present and voting y. The exception in 15.2 -2312 states
"...the concurring vote of a majority of the membership of .the, Board shall be necessary to
Y y
reverse any order, requirement "decision, or determination of an administrative officer or to
decide in favor of the applicant on any whichris required to pass under the ordinance or to
effect any variance from,the ordinance What that says to Mr. Givens is that if we had a
variance request or appeal`today, withifour members present, which is a quorum, we would have
to have a 4/0 vote because you have; to have a majorityi`of the membership present. Our Bylaws,
under Article yi Voting, 6-2, states by atmajority of those present and voting."
Mr. Cheran stated, that in 2004,�this, issue came up. Mr. Robert Mitchell, who was
attorney for the Board of Zoning Appeals at time, advised that it takes a concurring majority
of the membership of the BZA to reverse any administrative decision or grant a variance. Mr.
Mitchell further. stated that if the BZA membership is six or seven members, it would take four
votes to overturn an administrative determination or grant a variance, regardless of how many
members are present or voting.
Mr. Givens emphasized that if he is reading the State Code correctly, there is a
procedural vote, like we had with the election of officers today. That can be approved on a 3/1
vote under 15.2 -2308. Some matters can be approved on a 3/1 vote and some matters cannot be
approved on a 3/1 vote.
Mr. Cheran said the Board can make the agreed upon changes and he will talk with the
County Attorney this week to get his interpretation. Mr. Mitchell's interpretation provides the
same conclusion as Mr. Givens no matter how many BZA members there are, there must be a
Frederick County Board of Zoning Appeals Page 1582
January 17, 2012
majority vote in order to approve a variance request or appeal.
Mr. Givens noticed in the Winchester Star that the meeting today was advertised as a
public hearing. He feels this meeting is not a public hearing, but a public meeting. Our Bylaws
states that public hearings shall be required on all items required by the Code of Virginia. Mr.
Givens asked if it's necessary to advertise a meeting such as today, even though we'll probably
never have this situation again where we meet with no requests being heard. Mr. Cheran
responded that we normally advertise all BZA meetings, even if it's considered a meeting rather
than a hearing. Mr. Cheran stated that he'll look into the matter.
Chairman Scott stated that he believes members should recite the Pledge, of Allegiance
before each meeting. This adds a nice formality and a reminder of what we're lie e,to do. Mr.
Cheran said we can add that under Article VII Operating Rules. Chairman Scott also feels it
would be nice to thank those present, in the community and Board members, for being here and
giving of their time to participate in the process.
Mr. Oates made a motion for approval of the Bylaws as reviewed with subsequent
changes to Article IV Officers 4 -1, Article VI Voting 6 -2, upon review and consideration by
Counsel, and Article VII Operating Rules, add Pledge of Allegiance. Mr. Givens seconded and
the motion was passed by unanimous vote.
Other.
Chairman Scott asked Mr. Cheran about the Board of Supervisor's lawsuit against the Board of
Zoning Appeals concerning the variance request of Smithfield Properties. Mr. Cheran stated that, as far
as he knows, counsel probably won't be involved andit'will go before a Judge for his ruling. It will
probably take quite a while to be heard because Frederick County has to wait for one of the Judges who
moves from county to county The bad thing «about waiting is that another Stop Work Order was issued
on the property. Mr. Cheran feels all a Judge is going to look at is if the BZA followed correct
procedures, is it a lot of record, did the, BZA apply the variance correctly as a hardship, and the answer
to all three is yes.
Mr. Givens asked if this' -case would happen to be upheld and the Board of Supervisors wins,
does that mean an unusable lot has been created in the County. Mr. Cheran responded yes and if that
happens, where does the property owner go from there. Does it go to the State Supreme Court?
Mr. Cheran feels the deed research done on this request shows for a fact that this is a recorded
lot, regardless of what anyone says. The reason the Board of Zoning Appeals exists is because if there is
a wrong that has been done, the Board corrects that wrong.
Chairman Scott asked Mr. Cheran to make members aware of the Court date for this case.
Frederick County Board of Zoning Appeals Page 1583
January 17, 2012
Chairman Scott informed Mr. Cheran that the fence is down again at the property on Senseny
Road. Mr. Cheran stated he's aware of that and the problem is getting it on the docket.
There being no further business, the meeting adjourned at 3:55 p.m.
Respectfully submitted,
Kevin Scott, Chairman
Bev Dellinger, Secretary
Frederick County Board of Zoning Appeals Page 1584
January 17, 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
ARTICLE IV OFFICERS
FREDERICK COUNTY
BOARD OF ZONING APPEALS
BY -LAWS
(Adopted ,2012)
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.
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
4 -3 -3 -7
4 -3 -3 -8
Give notice of all BZA meetings, public hearings.
Provide to the Circuit Court reports and recommendations of the BZA.
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
coned. 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
7 -3 -3 -2
7 -3 -3 -3
7 -3 -3 -4
7 -3 -3 -5
7 -3 -3 -6
Report by County Staff
Presentation by Applicant
Citizen Comment
Rebuttal by Applicant
Discussion by BZA
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:
ARTICLE VIII AMENDMENTS
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.
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
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:
March 20, 2012 Pending
LOCATION: South side of Bufflick Road, Lot 57, 2,200 feet east of Route 522
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 64 -A -57
PROPERTY ZONING USE: Zoned: RA (Rural Areas)
Land Use: Vacant
ADJOINING PROPERTY ZONING USE:
North: RA (Rural Areas)
South: B2 (General Business)
East: RA (Rural Areas)
West: RA (Rural Areas)
VARIANCE APPLICATION #01 -12
ELLEN L. SPICER
Staff Report for the Board of Zoning Appeals
Prepared: February 28, 2012
Staff Contact: Dana M. Johnston, Zoning Inspector
Use: Residential
Use: Commercial
Use: Residential
Use: Residential
VARIANCE REQUESTED:
The applicant is requesting a 10 foot front yard variance, resulting in a 50 foot front yard setback,
and a 32 foot variance on both sides, resulting in an 18 foot side yards 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 Ellen L. Spicer
February 28, 2012
Page 2
STAFF COMMENTS:
This property was created March 12 1955. 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 is within the S W SA area, and the applicant has opted to tap into the existing water and
sewer lines that run along Bufflick Road. It would be up to the applicant to coordinate with the
Sanitation Authority for this future hookup.
Based on the limited size and the setbacks associated with the RA zoning district, staff believes that
this request is consistent with adjoining properties as the dwellings are approximately 50 feet from
the road and approximately 17 feet from side property lines. The applicant is requesting a 10 foot
front yard variance and a 32 foot variance on both left and right sides. This variance, if granted,
would result in a 50 foot front yard setback and an 18 foot side yards setback.
STAFF CONCLUSIONS FOR THE MARCH 20, 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 50 feet on the front and 18 feet on both sides. Based on the contingent of
surrounding properties and setbacks, and the agreement from the property owner that the property
will be on public sewer and water, staff would recommend approval of this variance request for the
reduction of the front and side setbacks.
VAR #01 -12
Ellen L. Spicer
_PIN:
-A -57
Requests a Variance
50ff front yard and 18ff side yards
6444,+45Q
451012
45x7.
L6'4YAL45KinIMINW
1111=111164¢A.!45Kgj!J
Application
Parcels
Building Footprints
B1 (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)
MH1 (Mobile Home Community District)
MS (Medical Support District)
OM (Office Manufacturing Park)
R4 (Residential Planned Community District)
R5 (Residential Recreational Community District)
RA (Rural Area District)
RP (Residential Performance District)
VAR 01 -12
Ellen L. Spicer
PIN:
64 57
Requests o Variance
50ft front yord ono 18ft side yards
0 75 150 300 Feet
1 a 1 I 1
W nchesPer
Note:
Frederick County Dept of
Planning 8 Development
107 N Kent St
Suite 202
Winchester. VA 22601
560 665 -5651
Mop Created: Feb 21. 2012
Staff: djohnston
OFFICE USE ONLY
Variance Application 01 -1,2 Submittal Deadline
Submittal Date 4., For the BZA Meeting o
Fee Amount Paid (1 w Initials: Pb
Sign Deposit Paid S(5 ro
Receipt cQ b &7 7 Z.
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: Tz kv∎Ve- v- -Lewc5 .C- V e
NAME: E L∎v S r
pice
ADDRESS: (t(o v-,,,A,40Ac 4 ADDRESS:Zib �7uUc 2.ead
WVIGCI eke 4 V, W Z26co( -tv\e es4;ev-i Z2Io
TELEPHONE: t 40- (n(o7- 51°(Z TELEPHONE:*40-( (PL—(
3. The property is located at (give exact directions and include State Route Numbers):
APPLICATION FOR VARIANCE
FREDERICK COUNTY, VIRGINIA
4. The property has a road frontage of feet and a depth of 300 feet and consists of
(7. 5 l (o acres (please be exact). 1111
5. The property is owned by (;eke\ L tIkeik 1771 C-42- Y' as evidenced by deed from
V. 4 ,¢✓l� l v1.`� recorded (previous owner) in deed book no. +1 6, page
\cl or instrument number of the deed books of the Clerk
7
of the Court for Frederick County. Please attach a copy of the recorded deed.
Cjtla tn_. e e
6. Magisterial District:
7. Property Identification Number (P.I.N.): (04 Pc. S ^7
8. The existing zoning of the property is: K. A
9. The existing use of the property is: \l d Cr*
10. Adjoining Property:
USE ZONING
North u esJeK' -w\ t<A
East flo -k-‘,,\
South r -ca.( T32.
West v- PSt-d.eA flwI R14
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.
i2T ¥h€ 't7 air ,m,e1.1 &c)
G 5D Cesv\ S_Ih G� \Ga
an kS '5 k e \{ern epe bc V'taMG2
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
lb-Exceptional topographic conditions or other extraordinary situation or condition of property, or
►The use or development of property immediately adjacent thereto
P e��tov\a� fa rrvcJV.eSS ricr n.) P` 2-ANI
8
Name and Property Identification Number L Address
Name t>. A. 6At7U,l G L Lc,
?.0. %°x el
W1wtcAnrksr, 2 Zc 04 1
Property 1D4 A- L-ts°
Name 81 yyt6 S. (o
1 r�
2.822- tug-L t2cbet
VI t•nc e v 1 V rt ZZ (oc z
Property 3- f:\_ 3
Name .1
��5 2a�t�t« NeS
3 Ek cc kick W.o88d
\IJ w\cA teSk.e
1 YC VA Z4ZwZ-
Property (OA- 6 cO 'n
{g L /A tt
Name Ts'v oetrettek W lY�vr l At441.
IN(1
y r
A rVt, A Z- 2
1 '�1
W 1V e VA 2- (c° Z.
Property 1 L Qfi 1
pc 6" 1
_t� (j
A
Name R 4
Z 1°1 utF' ROoCk
VitwtG� V `L2 -6702
Property (o A-r j
Name D Z\t tc1 A A. l..t C ?�V'
31 ?:14 1-1- ,.e\ Roc
V(wcn 6jvev VA 2Z(9
Property (04- iA (00
Name
Property
Name
Property
13. Additional comments, if any:
od c r 2 LA*
t l 40' One z e std. e t�
20
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:
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
40
CONSULTING
ENGINEERS
0
Scale in Feet
SPIc
oro
1 0
0
PAINTER- LEWIS, P.L.C.
116 North Braddock Street
Winchester, Virginia 22601
Telephone (540)662 -5792
Facsimile (540)662 -5793
Email office @pointerlewis.com
PROJECT:
NES SEo R ooT l
BZA EXHIBIT
TM 64 -A -57
SPICER PROPERTY
SHAWNEE DISTRICT
FREDERICK COUNTY, VIRGINIA
SURVEY:
RECORD NA
DRAWN BY: JOB NO.:
P -L 1202007
SCALE: DATE:
2/15/12
SHEET
BZA
AGREEMENT
VARIANCE 0 l�
(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 in ,.rmation contained herein are, to the best of my
knowledge, true.
SIGNATURE OF APPLICANT AA/
k
DATE 7 Imo �2
SIGNATURE OF OWNER —a-+ -ce--e DATE a/ 2.
(if other than applicant)
BZA PUBLIC HEARING OF
SIGNED:
DATE:
APPROVAL
DENIAL
OFFICE USE ONLY-
/02 Via
-DATE-
BZA CHAIRMAN
ACTION:
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) CA exn L v^
(Address) 2_
c-
(Phone) 6 1 Ito
c \/b Z2fov2
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. L k (pi on Page 1.i and is described as
Parcel: Lot: 11 Block: 1 Section: Subdivision: b\. ak,e(
do hereby make, constitute and appoint:
(Name) l at tH L e w t s II (Phone) S 40- 5"1%6 2
(Address) ((Ip f�. BV?`�r OG�— SC. tvtdac*e v^, V 7. 2...&OI
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:
FT Rezoning (including proffers)
En C onditional Use Permit
n M aster Development Plan (Preliminary and Final)
n Subdivision
n S ite Plan
jELVariance 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:
t In KW..
This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified.
In witness thereof, I (we) have hereto set my (our) hand and seal this 1 day of I v
Signature(s)�
State of Virginia, City /County of LO tnc1n e '4-t( To -wit:
a Notary Public in and for the jurisdiction aforesaid,
certify that the p- son(s) who signed to the fore�ing instrument personally appeared before me and has
,w
acknowledged the same before me in the jurA oip. d this crts day of fri 20 /A
i np.,,, m 2 4EC i Wit co mmission Expires: {�r n 3 J I �J L(
Notary P c n 7351593 i a v
COMMISSION Z_ ..i
f EX IRES [z
F nF