HomeMy WebLinkAbout02-15 CommentsJames & Wendy May
124 Cherry Hill Circle
Winchester, VA 22602
July 19, 2015
County of Frederick
Board of Zoning Appeals
107 N. Kent St.
Winchester, VA 22601
Board of Zoning Appeals Member:
Our property borders the property being discussed at the July 21, 2015, Board of Zoning Appeals
meeting. We are unable to attend the public hearing but would like to share our thoughts on the
application for variance.
We respectfully request Variance Application No. 02-15 for a seven foot side yard variance be
denied for the following reasons:
1. A bathroom addition could be built on the property without a variance.
2. The existing house has one of the largest footprints on the street; therefore a hardship
does not exist in comparison to other homeowners.
3. The need for a 7 ft. variance is self inflicted.
4. Three feet is simply too close to the property line. One of the reasons we purchased our
home is because of the spacing between properties. We ask that one neighbor's desire to
build to the property line not outweigh our desire to keep distance between the properties.
5. After being informed by the County of the setbacks in our neighborhood and continuing
to build the addition, a shed was disassembled from the center of the property and
reassembled on the property line.
We request denial of the variance and ask that the shed be moved from the property line to meet
the required five foot setback.
Sincerely,
-' James May
Wendy May
CERTIFIED MAIL.
March 11, 2015
Phillip Smith
122 Cherry Hill Circle
Winchester, VA 22602
COUNTY of FREDERICK
Department of Planning and Development
107 North Kent Street, Suite 202, Winchester, Virginia 22601-5000
Telephone: 540/665-5651 FAX: 540/665-6395
RE: 122 Cherry Hill Circle
Property Identification Number (PIN): 54C -2-4-42B
Zoning District: RP (Residential Performance)
Dear Mr. Smith:
This letter is in response to building an addition on the structure (single-family dwelling)
located at the above -referenced property without a building permit.
In accordance with Section 165-101.07A of the Frederick County Zoning Ordinance, all
structures shall meet the requirements set forth in the Frederick County Zoning
Ordinance and shall be in compliance with the current Building Code. Therefore, the
addition to this structure (single-family dwelling) constitutes a violation of Section 165-
101.07A of the Frederick County Zoning Ordinance.
This office will allow thirty (30) days from the date of this letter to resolve this violation.
Specifically, the resolution of this violation may be accomplished by removing the
addition or submitting a building permit for review and approval by Frederick County for
the addition. Failure to comply with the Zoning Ordinance will result in a criminal
complaint being filed against you.
You have the right to appeal this notice of violation within thirty (30) days of the date of
this letter in accordance with Section 15.2-2311 of the Code of Virginia. This decision
shall be final and unappealable if it is not appealed within thirty (30) days. Should you
choose to appeal, the appeal must be filed with the Zoning Administrator and the Board
of Zoning Appeals (BZA) in accordance with Article X, Section 165-1001.02 (A), of the
Frederick County Zoning Ordinance. This provision requires the submission of an
application form, a written statement setting forth the decision being appealed, the date of
decision, the grounds for appeal, how the appellant is an aggrieved party, any other
information you may want to submit, and a $300.00 filing fee ($250.00 filing fee and a
107 North Kent Street * Winchester, Virginia 22601-5000
Page 2
Phillip Smith
Re: 122 Cherry Hill Circle
March 11, 2015
$50.00 refundable sign deposit). Once the appeal application is accepted, it will be
scheduled for public hearing and decision before the BZA.
Please contact me regarding any questions that you may have at (540) 665-5651.
Sincerely,
eran olll
Zoning Administrator
MRC/dlw
cc: John Trenary, Chief Building Official
CERTIFIED MAIL
September 23, 2014
Donato and Caterina Lanzetta
109 Wild Rose Circle
Winchester, VA 22602
C(IITNTTV of FR FT Ti i�T(`lZ
- - --
,;
Departiment of Planning and Development
RE: 122 Cherry Hill Circle
Property Identification Number (PIN): 54C -2-4-42B
Zoning District: RP (Residential Performance)
Dear Mr. and Mrs. Lanzetta:
540/665-5651
FAX: 540/665-6395
This letter is in response to building an addition on the structure (single-family dwelling)
located at the above -referenced property without a building permit.
In accordance with Section 165-101.07A of the Frederick County Zoning Ordinance, all
structures shall meet the requirements set forth in the Frederick County Zoning
Ordinance and be in compliance with the current Building Code. Therefore, the addition
to this structure (single-family dwelling) constitutes a violation of Section 165-101.07A
of the Frederick County Zoning Ordinance.
This office will allow thirty (30) days from the date of this letter to resolve these
violations. Specifically, the resolution of these violations may be accomplished by
removing the addition or submitting a building permit for review and approval by
Frederick County for the addition. Failure to comply with the Zoning Ordinance will
result in a criminal complaint being filed against you.
You have the right to appeal this notice of violation within thirty (30) days of the date of
this letter in accordance with Section 15.2-2311 of the Code of Virginia. This decision
shall be final and unappealable if it is not appealed within thirty (30) days. Should you
choose to appeal, the appeal must be filed with the Zoning Administrator and the Board
of Zoning Appeals (BZA) in accordance with Article X, Section 165-1001.02 (A), of the
Frederick County Zoning Ordinance. This provision requires the submission of an
application form, a written statement setting forth the decision being appealed, the date of
decision, the grounds for appeal, hove the appellant is an aggrieved party, any other
information you may want to submit, and a $300.00 filing fee ($250.00 filing fee and a
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
Page 2
Mr. & Mrs. Donato Lanzetta
Re: 122 Cherry Hill Circle
September 23, 2014
$50.00 refundable sign deposit). Once the appeal application is accepted, it will be
scheduled for public hearing and decision before the BZA.
Please contact me regarding any questions that you may have at (540) 665-5651.
Sincerely,
Mark R. Cheran
Zoning Administrator
MRCS dlw
cc: Jol'n frer_ary, Chief Building Official