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Home My WebLink About05-13 ApplicationVariance Application i Submittal Date 912,3 1 ILS Fee Amount Paid o • °O Sign Deposit Paid °a APPLICATION FOR VARIANCE FREDERICK COUNTY, VIRGINIA AUG 2 3 2013 -OFFICE USE ONLY - Submittal Deadline _ 81MI 13 For the BZA fleeting of' I Initials:6� Receipt # 655 (e S MUST BE TYPED OR FILLED OUT IN INK — PLEASE PRINT 1. The applicant is the owner _a other l V l . (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: Pifer Construction ADDRESS: 1822 Roberts St Winchester, VA 22601 TELEPHONE: 540-542-1670 OCCUPANT: (if different) NAME: Clark Neff Jr ADDRESS: 485 Lake Serene Dr Winchester, VA 22603 TELEPHONE: 540-667-0360 3. The property is located at (give exact directions and include State Route Numbers): 11 5 US -522 North towards Berkeley Springs, right onto State route 654/Cedar Grove Rd, left onto state route 677/St Clair Rd left toward Lake Serene Dr, right onto Lake Serene Dr, house is on right. The property has a road frontage of 76.96 feet and a depth of 344.04 feet and consists of 1.11 acres (please be exact). The property is owned by Clark H. Nett Jr. as evidenced by deed from July, 15 2013 recorded (previous owner) in deed book no. 356 on page 147 or instrument number 130001439 of the deed books ofthe Clerk 7 of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: Gainesboro 7. Property Identification Number (P.LN.): 31 B 142 8. The existing zoning of the property is: RA 9. The existing use of the property is: Single Family detached dwelling 10. Adjoining Property: USE ZONING North Lake RA East Single Family Detached residence RA South vacant land RA West Single Family Detached residence RA 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.") A 14.9 foot left side yard variance for an attached addition (one story).1 12. List specific reason(s) why the variance is being sought in terms of, such as: No- Exceptional narrowness, shallowness, size or shape of property, or ►Exceptional topographic conditions or other extraordinary situation or condition of property, or No- The use or development of property immediately adjacent thereto 1. House was built in 1983, when lot was zoned A-1 with a 15' side yard requirement. In 1989 lot was re -zoned to RA with a 50' side yard requirement. 21ot is long and exceptionally narrow, which together with topography, make it infeasible to construct reasonably sized addition to smaller than average size house (relative to other properties in subdivision). 3. Many other dwellings with in subdivision do not conform to current setback requirements due to similar lot shape and proposed addition on house will be in keeping with existing dwellings and side yards. 8 13. Additional comments, if any: 1. Proposed addition is more conforming than possible addition on opposite side of house, where there is currently 30' from house to property line. 2. Precedent of prior variances in cases 16-05 and 08-05 for similar instances. 3. Lake Serene HOA has 15' side yard requirements and voted unanimously to approve addition as presented. 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 Address Name Dallas Croft 483 Lake Serene Drive Winchester, VA 22603 Property #3113-1-41 NameJeffrey K. Newlin 755 Cedar Grove Road Winchester, VA 22603 Property # 31-A-81 Name Lake Serene Inc Lake Serene, Inc. Property # 31 13-1-B Name Property # Name Property # Name Property # Name Property # Name Property # 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 exhihitc� drawings or photographs with this application. LIST OF EXHIBITS 485 Lake Serene Drive, Variance Request Exhibit 1, page 1: GIS map showing adjacent properties with relative locations of dwellings and their respective lots Exhibit 2, pages 2-3: Plats showing property as is and other showing proposed addition Exhibit 3, pages 4-6: Lake Serene HOA meeting notes and approval min I LAKE SERENE ORIW (PRIVATE 11VGRESS- EGRESS EASEMENT) 0� 4 0 R� ro•q IRF A E�xhi bit4 2- LOT 41 TAX 1D131B-((1))-41 DALLAS D. CROFT & JOSEPH DELLISANTI INST.1060024463 RETAINING WALL 3�` 0.5' OFF LINE` \+ ��• S�? �h � n IRF 1y WELL* N 6�0�03. %Y PP TAX ID#3IB-((I))-B �89Z' LAKE SERENE INC. DB 356 PG 57 WIRE FENCE WATER EDGE"" L A K E TIM ID131B-((1))-B IRF LAKE -5FRENE INC. DB 356 PCL 57 RF LOT 42 TAX IDI 31B-((1))-42 CLARK H. NEFF, JR. INST11J0001439 1.11 ACRES WOODEN DECK ((ABOVE) CONC. PAD (BELOW) WIRE FENCE CRY y� WK NG BSAff �V 0- �ycF 0 ry C-) Q ��. TAX IDI 31 -((A)) -B1 JEFFREY K. NEWLIN & DESRNEY LEE NEWLIN DB 941 PG 459 / 0 50 100 IRF SCALE: 1" = 50' LEGEND. IRF = IRON REBAR FOUND BSMT = BASEMENT PP UTILITY POLE HOUSE DETAIL: SCALE.- 1" = 30' NOTES. 5.9' 1. NO TITLE REPORT FURNISHED. EASEMENTS 17.2' 27.7' OTHER THAN SHOWN MAY EXIST. 2. NO PORTION OF THIS PROPERTY LIES WITHIN 1.7 THE 100 YEAR FLOOD ZONE AS SHOWN ON ^ FI.R.M. MAP 151069C -0125-D, N DATED SEPTEMBER 2, 2009. 25.5' 4 2' J. DEED REFERENCE. INSTRUMENT # I30001439. / 25.3' 4. PLAT REFERENCE. DEED BOOK 356 PAGE 147. HOUSE LOCATION SURVEY TAX PARCEL #31B-((1))-42 - 1.11 ACRES O�1 l (STREET ADDRESS) x€485 LAKE SERENE DRIVE z GAINESBORO , MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA DARREN S. TZ a DATE: JULY 15, 2013 SCALE: 1" 50' 1 FILE#: 13-053 LIC. N0. 2257 Foltz Land Surveying, Inc. SHEET 1 CqO�L P.O. Boz 23 Stephens Qty, Virginia 22855 A/D SURVE74� Phone /: 540-32.,9-1497 — www.fo]Wandsutvey*g.com 1 email: folts6visuailin&.com Z FA F->( h i b'► fi�Z WATER EXE".' IRF S \7 L A K E TAX- IDJ31B-((1))-B LAKE -SkRENE INC. DB 356 PGz 57 F LOT 41?� 79 TAX ID#31B-((1))-41 DALLAS A CROFT & JOSEPH DELLISANT1 INST106002446J LOT 42 TAX IDI 31B-((1))-42 CLARK H. NEFF, JR. INST1130001439 RETAINING WALL 1.11 ACRES 0.5' OFF -UNE �A ry WOODEN DECK (ABOVE) 1; PAD (BaOW) WIRE FENCE IRF 485 a 36B �q BRICKW BSAI UNG h�0 No" BOO �ry A O LAKE SERENE- DRIVE £PRIVAIE CRESSINCRESS- IRF 4�?CIA C, EASEMENT) Q TAX IDJ 31-((A))-81 JEFFREY K. NEWLIN & IRF p d tib' DEDB 941L LIN WELLPG 459?,>6 N 6'90)03; to PP TAX IDI31B-((1))-B 0 50 10-3 LAKE SERENE INC. DB 356 PG 57 IRF WIRE SCALE: V = 50' LEWVD' FENCE IRF = IRON RE -OAR FOUND BSMT = BASEMENT PP = UTILITY POLE HOUSE DETAJL NOIE3 SCALSCALE1 " = 30' - 1. NO TITLE REPORT FURNISHED. EASEMENTS 17.2" 5.9' 27.7' OTHER THAN SHOWN MAY EXIST. 2. NO PORTION OF THIS PROPERTY LIES WITHIN 1.7' THE 100 YEAR FLOOD ZONE AS SHOWN ON FLR.M. MAP f51069C-0125-D, N �' DATED SEPTEMBER 2, 2009. 25.5' 4.2' J. DEED REFERENCE.- INSTRUMENT # 130001439. / 25.3' 4. PLAT REFERENCE DEED BOOK 356 PAGE 147 PROPOSED HOUSE ADDITION LOCATION PLAN TH OF` TAX PARCEL #31B-((1))-42 N 1.11 ACRES 7;��l(STREET ADDRESS) #485 LAKESERENE DRIVE GAINESBORO AGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA � v DARREN S. FOLTZ 9 DATE: JULY 15, 2013 SCALE 1" = 50' FILE#: 13-053 LIC. NO, 2257 .Foltz Land Surveying, Inc.SHEET �q y0 E 10F1 P.O. Bos 23 Stephens City, Vuginia 22655 SURv Phone 1. 540-323-1497 - www.fo]Wandsumying.com OF email: folta®visuaRink.com 3 Lxh bit t 3 Lake Serene Homeowners' Association Inc. Minutes of Board Meeting July 23 2013 Held at the Home of Wendy Jones Members present: Wendy Jones, Jackie Sowers, Pam Olsen, Paul Holly, Danielle Armstrong, Eric Redmon, and Lew Spangler. Absent: None President Wendy Jones called the meeting to order at 7 p.m. The minutes of Board meetings for April 23 and May 18, 2013 were approved, seconded, and the vote was unanimous. President's Report: Wendy thanked Paul Holly for getting a contractor to mow the dam, Paul and Don Vachon for cleaning up the lake, Eric Redmon for mowing a path in the back field and moving the plastic pontoon to the boat ramp, and JT Anderson for hauling the pontoon away. There is the need for homeowners to be alert for people who don't belong at our lake. Joe and Norma Ambrogi reported vandalism, an unauthorized party on their property, and a canoe stolen. Secretary's Report: Minutes were sent out for the April 23 Board meeting and the May 18 General Membership meeting and Board meeting. On April 30, 2013, a letter was sent to Mrs. Anna Thomson to thank her for coming to our April 23 Board meeting to discuss complaints about her dogs. On July 15, 2013, an e-mail was sent to all homeowners reminding them to mow along the road in front of their houses. Homeowners were asked to remove carp from the lake if caught when fishing. Homeowners who don't attend the general meeting should contact the secretary to make sure that their e-mail addresses and other information are current. Treasurer's report: As of 7/23/13 the BB&T checking account has a balance of $1,500.71. The Bank of Clarke County checking account has a balance of $11,191.95. As of 6/30/13 the Vanguard account has a balance of $23,062.42. Danielle Armstrong presented the budget for the year ending July 31, 2014. (See Attachment) After a brief discussion, a motion was made to approve the budget; it was seconded and unanimously approved. The Treasurer will mail invoices for the special assessment of $1200 per lot on or before Nov. 1 and will be due not later than Jan. 1, 2014. Committee Reports Lake: Paul Holly reported he and Don Vachon spread bluestone in the water to control the algae. Paul recommended initiating a program to remove the grass by: first, treat the lake to kill the grass with an aquatic herbicide; and second, stock the lake with sterile grass -eating carp in September. The Triploid Grass Carp cannot be stocked in July or August because of warm summer water temperatures. An application has been filed with the Virginia Department of Game and Inland Fisheries for stocking the carp. e4 E-�Xh i bi-f4'�) A motion was made for the Lake Committee to proceed with the plan for an herbicide to kill the weeds now and in September stock the lake with Triploid Grass Carp. The motion was seconded and unanimously approved. It was also the consensus of the Board to develop a plan for dredging the shallow end of the lake. The plan will be presented at the May Association meeting. Island and Dam: Eric Redmon reported that the application for the regular maintenance and operation certification of the dam has been posted to the State Department on Environmental Quality. The cost for the certificate was $600; the fee for everything from Ruckman Engineering, which included our annual inspection and necessary forms to be sent with the application, was $1000. Don Vachon submitted a proposal to paint the retaining wall using member's assistance for the cost of materials. (See Attachment) After a brief discussion, the Board expressed thanks for the proposal and tabled it till a later date. Bylaws: Wendy Jones addressed an issue raised by a member about parking RV's on lots. He reported that the opinion of the Association attorney in 2007 was the covenants allowed parking of RV's, but not for living in them, temporarily or permanently, since the RVs are addressed under the paragraph titled Structures. There is a provision in the Covenants that prohibit a vehicle that does not bear current license plates and has not been operated within three months on a public highway or street. One member took exception to the attorney's opinion. Beautification: Pam Olsen and Phyllis Breidinger bought flowers from Weber's Nursery to plant in the containers at the front entrance. These will be maintained through September. Property (Roads): Lew Spangler reported several areas are in need of repair and he will get estimates There was a brief discussion resulting from complaints about people driving too fast. The speed limit is 25 mph. The road is NOT wide enough for two cars to pass each other except at slower speeds. It was the consensus of the Board that members need to be more considerate of their neighbors by slowing down when approaching another vehicle or pedestrian and driving the posted speed limit. Old Business: No report. New Business: Clark Neff submitted sketches and a site plan for an addition to his house. A motion to approve Clarke Neff's house addition was made, seconded and unanimously approved. The next board meeting was changed to October 15, 2013 at 7:00 PM at Wendy Jones' home The meeting was adjourned by the President at 8:25 PM. Approved: W. H. Jones, President 15 Respectfully submitted, Pam Olsen, Secretary L A K E o TAX IDJ31B-((l))-B W IRF LAKE'SERENE INC. DB 356 PG 57 'w„ IDALLAS ID31 �f IRF D. CROFT & EPH DELLISA,+'4TI pr060024463 LOT 42 < T,,!X /Db 1PS7-.j130001438 ,``•,,, RETAINRNG 0ZU, Taj LI e ACRES 0.5' OFF-LINE WOODEN DccV( (ABO E) p CONC PAD (BELOW) MRE J• FENCE BRACNX fT fT N (PRIVVE" /AQ?fZ- + y ECRtSS EASEAIFi11) RRF +o °c �h TAX 101 ; l -((A)) -a 1 R y JEFFREY K. NEWLIN & DES71NEY LEE NEWL;N IRF DB 941 PG 459 WEulcr o 6'90 ` PP TAX LAKE SERENE INC. DB 356 PG 57 SCALE: 1" = 50' fF1dCE IRF = IRON REBAR FOUND BSMT = BASEMENT —�-----_-� - PP = UTILITY POLE HOWE Lclr L: SCALE." 1" = 30' P 1. NO TITLE REPORT FURNISHED. EASEMENTS I72' S'9 2Z7' OTHER THAN SHOWN A,,AY EXIST. 2 NO PORTION OF THIS PROPERTY LIES WITHIN I'7 THE 100 YEAR FLOOD ZONE AS SHOWN ON FLP.M. AMP 1151069C -0125-D, DATED SEPTEMBER 2, 2OD9. , 25.5" 4-2' 3 DEED REFERENCE INSTRUMENT / 130001439. ` 25.3' 4. PLAT REFERENCE: DEED BOOK 356 PAGE 14Z FRO.OSED HOUSE ADD. •3 tON ,GO AA1101V PLAN HOP � TAX pAP°EI, r. rq ACRES P, (STREET .• DDRESS) "4845 LA" SERENE; DRIVE GAINESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRONIA DATE: JULY 15, 2013 SCALE: 1 = 50FILE#y 13-053 DARREN S. FOLTL LIC. N0. 2257a -z Fund, 9u"dve"'T"e.o'�, SrdEET I 1 su�v£�a� P.O. Boz 23 Stephens 01y, Virginia 22853 O,c Phone R 540-323-1497 � ^ arer foltsf$uc5sar�eyin y cone t ea; <:w 103La+-,;viauaffln1r,c0zn ,1�10r--)ve-,c5/ 63tba"',,/ /v q AGREEMENT VARIANCE # (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 t SIGNATURE OF OWNER DATE (if other than applica t -OFFICE USE ONLY- BZA PUBLIC HEARING OF ACTION: -DATE- APPROVAL VIAL SIGNED: BZA CHAIRMAN DATE: 9- �:3