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HomeMy WebLinkAbout01-12 CommentsCERTIFIED MAIL August 29, 2012 Ellen L. Spicer 298 Bufflick Road Winchester, VA 22602 RE: 300 Bufflick Road Dear Ms. Spicer: 0 CD COIJN of ER1CK Department of Planning and Development 5401665-5651 FAX: 5401665-6395 Please disregard the letter sent to you dated August 24, 2012 which stated "at a minimum of 50 feet from the edge of the pavement'; it should have stated "at a minimum of 50 feet from the front property line". The measurement will need to be taken to the front property line. On March 21, 2012, Variance Request #01-12 was approved by Board ofZoning Appeals (BZA) to allow a 10 foot front yard variance, resulting in a 50 foot front yard setback and a 32 foot variance on both sides, resulting in 18 foot side yards setback. The building permit that was approved by the Zoning Administrator on March 23, 2012 annotates minimum setbacks for the dwelling would be 50 feet for the front, 50 feet for the rear, and 18 feet for the sides, and that setback surveys would be required. According to the setback report received by this Department, the setbacks from the front property line are 33.97 feet and 16.77 feet from the right property line. These setbacks are not what were approved at the BZA. Therefore, the property is in setback violation of the setbacks approved by the Board of Zoning Appeals. Resolution to this zoning violation is to move the dwelling to the correct location, specifically where the BZA approved Variance Request #01-12, at a minimum of 50 feet from the front property line and a minimum of 18 feet from side lot lines. In accordance with section 165-201.02(H)(3)(4) Information verifying the footing location stakeout shall be provided on the appropriate building permit setback report prior to the approval of the footing for the primary or accessory structure. The surveyor ofrecord shall complete the required information on the building permit setback report and affix his or her professional seal containing the appropriate signature and date. The buildingpermit setback report containing the required, footing location stakeout surveyor information shall be posted on the construction site with the building permit hard card at the time of the footing inspection. A midconstruction survey shall be prepared by the surveyor ofrecord once the rough framing of the primary or accessory structure is in place. Rough framing shall include the foundation, all exterior walls and the roof system. The surveyor ofrecord shall complete the required information on the buildingpermit setback report and aux his or her professional seal containing the appropriate signature and date. The building permit setback report containing the required midconstruction surveyor information shall be provided to the Department of Engineering and Inspections prior to the issuance of a certificate of occupancypermit by the Building Oficial. 107 North Rent Street, Suite 202 o Winchester, Virginia 22601-5000 Page 2 Ms. Ellen L. Spicer Re: 300 Bufflick Road August 29, 2012 This office will allow thirty (30) days from receipt of this letter to resolve this violation. Failure to comply with the Zoning Ordinance within that designated period could result in a criminal complaint being filed against you. You may have the right to appeal the above notice of violation within 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 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(1), 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 the 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 $50.00 refundable sign deposit). Once the appeal application is accepted, it will be scheduled for public hearing and decision before the BZA. Please do not hesitate to contact me with any questions you may have at (540) 665-5651. DMJ/dlw cc: John Trenary, Building Official CERTIFIED MAIL August 24, 2012 Ellen L. Spicer 298 Bufflick Road Winchester, VA 22602 RE: 300 Bufflick Road Dear Ms. Spicer: O(OPV COUNTY of FRFI4FRICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 On March 21, 2012, Variance Request #01-12 was approved by Board ofZoning Appeals (BZA) to allow a 10 foot front yard variance, resulting in a 50 foot front yard setback and a 32 foot variance on both sides, resulting in 18 foot side yards setback. The building permit that was approved by the Zoning Administrator on March 23, 2012 annotates minimum setbacks for the dwelling would be 50 feet for the front, 50 feet for the rear, and 18 feet for the sides, and that setback surveys would be required. According to the setback report received by this Department, the setbacks from the front property line are 33.97 feet and 16.77 feet from the right property line. These setbacks are not what were approved at the BZA. Therefore, the property is in setback violation of the setbacks approved by the Board of Zoning Appeals. Resolution to this zoning violation is to move the dwelling to the correct location, specifically where the BZA approved Variance Request #01-12, at a minimum of 50 feet from the edge of the pavement and a minimum of 18 feet from side lot lines. In accordance with section 165-201.02(H)(3)(4) Information verifying the footing location stakeout shall be provided on the appropriate buildingpermit setback report prior to the approval of the footing for the primary or accessory structure. The surveyor of record shall complete the required information on the buildingpermit setback report and affix his or her professional seal containing the appropriate signature and date. The buildingpermit setback report containing the required footing location stakeout surveyor information shall be posted on the construction site with the buildingpermit hard card at the time of the footing inspection. A midconstruction survey shall be prepared by the surveyor of record once the rough framing of the primary or accessory structure is in place. Rough framing shall include the foundation, all exterior walls and the roof system. The surveyor ofrecord shall complete the required information on the buildingpermit setback report and affix his or her professional seal containing the appropriate signature and date. The building permit setback report containing the required midconstruction surveyor information shall be provided to the Department of Engineering and Inspections prior to the issuance of a certificate of occupancy permit by the Building Official. 10 7 North Kent Street, Suite 202 Winchester, Virginia 22601-5000 Page 2 Ms. Ellen L. Spicer Re: 300 Bufflick Road August 24, 2012 This office will allow thirty (3 0) days from receipt of this letter to resolve this violation. Failure to comply with the Zoning Ordinance within that designated period could result in a criminal complaint being filed against you. You may have the right to appeal the above notice of violation within 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 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(1), 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 the 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 $50.00 refundable sign deposit). Once the appeal application is accepted, it will be scheduled for public hearing and decision before the BZA. "I-UTUfIIq, cc: John Trenary, Building Official with any questions you may have at (540) 665-5651.