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Home My WebLink AboutBZA 06-18-02 Meeting AgendaFILE COPS' AGENDA FREDERICK COUNTY BOARD OF ZONING APPEALS The Board Room Frederick County Administration Building 107 N. Kent Street Winchester, Virginia 3:25 p.m. 1) Determination of a Quorum 2) Minutes of May 21, 2002 June 18, 2002 CALL TO ORDER OLD BUSINESS (Tabled from the May 21, 2002 meeting) 3) Variance #09-02 of Stonewall Orchard Lots, Section 2 (Lot 27) submitted by Rick Lafollette for a 40 -foot left and right side yard setback variances to create a buildable lot for the construction of a single-family residence. The property is located on Stonewall Drive (Rt. 858) in the Stonewall Orchard subdivision, Lot 27, and is identified with Property Identification Number 53B-2-27 in the Back Creek Magisterial District, 4) Variance #10-02 of Stonewall Orchard Lots, Section 2 (Lot 28) submitted by Rick Lafollette for a 40 -foot left and right side yard setback variances to create a buildable lot for the construction of a single-family residence. The property is located on Stonewall Drive (Rt. 858) in the Stonewall Orchard subdivision, Lot 28, and is identified with Property Identification Number 5313-2-28 in the Back Creek Magisterial District. PUBLIC HEARING 5) Variance #11-02 of David L. Goode for a 50 -foot buffer distance variance of the residential buffer requirement and a 40 -foot buffer distance variance against the rear lot lines; and 45 -foot inactive buffer distance variance along Lee Avenue. The property is located at 155 Lee Avenue and is identified with Property Identification Number 54-A-34 in the Stonewall Magisterial District. 6) Variance #12-02 of Alice L. Good for a 32 -foot front yard setback variance from a private right-of-way for a proposed addition to an existing residential dwelling. This property is located at 206 Ritter Road and is identified with Property Identification Number 87A-1-39 in the Shawnee Magisterial District. 7) 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 May 21, 2002. PRESENT: James Larrick, Jr., Chairman, Gainesboro District; Dudley Rinker, Back Creek District; Thomas Malcolm, Red Bud District (also representing Shawnee District); Robert Perry, Stonewall District; Theresa Catlett, Opequon District; Lennie Mather, Red Bud District; and Robert W. Wells, Member -At -Large STAFF PRESENT: Patrick T. Davenport, Zoning Administrator; Carol Huff, BZA Secretary CALL TO ORDER The meeting was called to order by Chairman Larrick at 3:25 p.m. APRIL 16, 2002 MINUTES The minutes for the April 16, 2002 meeting were approved by unanimous vote after a motion by Mr. Perry and a second by Mr. Malcolm. PUBLIC HEARIN Variance #09-02 of Stonewall Orchard Lots, Section 2 (Lot 27) submitted by Rick Lafollette for a 40 -foot left and right side yard setback variances to create a buildable lot for the construction of a single-family residence. The property is located on Stonewall Drive (Rt. 858) in the Stonewall Orchard subdivision, Lot 27, and is identified with Property Identification Number 5313-2-27 in the Back Creek Magisterial District. Variance #10-02 of Stonewall Orchard Lots, Section 2 (Lot 28) submitted by Rick Lafollette for a 40 -foot left and right side yard setback variances to create a buildable lot for the construction of a single-family residence. The property is located on Stonewall Drive (Rt. 858) in the Stonewall Orchard subdivision, Lot 28, and is identified with Property Identification Number 5313-2-28 in the Back Creek Magisterial District. ACTION - TABLED TO THE JUNE 18, 2002 MEETING Frederick Co. Board of Zoning Appeals Minutes of May 21, 2002 Minutes Book Page 1 148 Mr. Davenport presented the background information on the application. Due to the age of the subdivision (mid 1950's), the setbacks do not meet today's setback standards. Since two of the criteria specified in the Code of Virginia are met, Mr. Davenport stated that granting this variance as requested would be justified. Mr. Rick Lafollette, applicant, told the Board members that he wants to build a home on one lot and his uncle would be building on the other. Mr. Lafollette that he has a growing family and they needed more space. He showed a diagram of the properties, and pointed out that he owns one other lot but that it is not buildable because it is in a floodplain. Several questions were asked by the Board pertaining to the size of the houses being built and whether he needed the full amount of the variances being requested. Mr. Lafollette replied that due to a flooding problem in that area, he was not able to have a basement; therefore, he needed the full variance. He did not have the exact, final house plans with him; however, and was unable to say for certain what the exact house measurements would be. There were several adjoining property owners present who spoke against the variance requests. Mr. Tim Butcher said that he had to comply with the setbacks when he built his garage and felt that Mr. Lafollete should also. Mr. Butcher stated that there have been problems with wells going dry in that area and that there was great concern among the neighbors over the prospect of two more wells and two more septic systems being put in. He presented a petition with 11 signatures from property owners who objected to Mr. Lafollette's variance requests. Mr. Terry Woberton said that the two houses being proposed would take away from the character of the neighborhood. He said that no other houses were that close together. Additionally, Mr. Woberton is a fire fighter and believed that there would be a fire hazard due to the inability of fire fighting equipment to safely access the structures. DISCUSSION Mr. Davenport suggested that one possibility may be to consider planting trees or some other type of buffer between the proposed houses and the existing homes. Further discussion ensued regarding the age of the subdivision, the fact that strict application of the ordinance in this case produces an undue hardship approaching confiscation as a potential "regulatory taking." Additionally, the Board felt that not knowing exactly what size house was going to be built made it difficult to make a decision. Mr. Davenport asked the Board if they would be comfortable going by the house plans that would be reviewed and approved by Mr. John Trenary of the Building Inspections Department. The Board agreed by consensus that this would be agreeable and asked Mr. Lafollette if he would be agreeable to tabling the application requests until the house plans were available. Mr. Lafollette replied that he was willing to wait until the June meeting so the BZA could see the plans. On a motion made by Mr. Perry and seconded by Mr. Malcolm, Mr. Lafollette's applications were table to the June 18, 2002 Board of Zoning Appeals meeting,. Frederick Co. Board of Zoning Appeals Minutes of May 21, 2002 2 Minutes Book Page 1149 BE 1T RESOLVED, THEREFORE, That Variance #09-02 and #10-02 of Rick Lafollette for Lot 27 and Lot 28 in the Stonewall Orchard Subdivision are tabled to the June 18, 2002 Board of Zoning Appeals meeting by unanimous vote. OTHER: Mr. Davenport told the Board members that there is a possibility of having Mr. Mike Chandler, Extension Specialist at Virginia Tech, give a presentation on Board of Zoning Appeals matters if there was enough interest. The BZA members could formulate questions or make suggestions on a topic or topics that they would like Mr. Chandler to cover in his presentation. The Board agreed that this would be a worthwhile venture and would give consideration to possible topics for discussion at the June 18, 2002 meeting. There being no further business at hand, the meeting adjourned at 4:30 p.m. by unanimous vote. Respectfully submitted, James Larrick, Jr., Chairman Carol I. Huff, Secretary Frederick Co. Board of Zoning Appeals Minutes of May 21, 2002 3 Minutes Book Page 1 150 0 11 COUNTY of FREDERICK Department of Planning and Development 540!665-5651 FAX: 540/665-6395 MEMORANDUM To: Frederick County Board of Zoning Appeals From: Patrick T. Davenport, Zoning and Subdivision Administrator Date: June 7, 2002 RE: Submission of additional exhibits for Variance requests 09-02 & 10-02 (Lafollete) Please find attached a revised proposed house location sketch and an architectural drawing of the proposed house plans. The applicant was instructed to provide these materials to the Board of Zoning Appeals for further consideration of the subject variance requests. Thank you PTD CAMyriles\BZA reports\Lafollete variance memo.wpd 107 North Kent Street a Winchester, Virginia 22601-5000 JRF = IRON ROD FOUND IPF = IRON PIPE FOUND DF = DRAINFIELD BRL = BUILDING RESTRICTION UNE 1 / N ��. IRF / 1 25 0 0' S 763400a E '�►O o IPF 7500, DF � 01PF =QRZ DF h ry0' �0� h° DF � i • p� 111/ 5M-((2))-29 60' BR( " :�°' WOW S &= HER & RE so' BRc .�� LSA K. BUTCHER D.B 9 9 LAFp(� 7m 53B Da 713, Pry B05 Q3gy9 R�85¢ Dia E'0 LOj 28 _moo KEZ[e 0.i7 6 IPF A Rte 85.00, IRF$ o N 79.45' 82 70' IPF S7 ft4T 4 oo" W * PROPOSED VARIANCE OR_0,I�Y FOR SIDE SETBACKS , NOTES.• I. NO TITLE REPORT FURNISHED, EASEMENTS 07HER THAN SHOWN MAY EXIST. 2 NO POR77ON OF THIS PROPERTY LIES WITHIN THE 100 YEAR FLOOD ZONE, PER FLR.M. COMMUNITY -PANEL # 510063 0115 B, DATED JULY 17, 1978. J. BOUNDARY INFORM477ON SHOWN HEREON IS PREPARED 50 0 50 fROM AVAILABLE RECORDS AND IS NOT PURPORTED TO BE A BOUNDARY SURVEY OF THE LOT OR ANY PORTION OF GRAPHIC SCALE THE BOUNDARY UNE. (SEE D . 242, PG. 587) (IN FEET) PROPOSED HOUSE LOCATION SKETCH LOT 27 & 28, SEC77ON 2 STONEWALL ORCHARD LOTS r971 EK MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA D DAR DARREN S. FOLTZ " = 50' 1��1916f"�1� JUNE 5, � � No. 002257 151 "WINDY HILI. LANE tr I�0� Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 662-4165 � �R FAX: (540) 722-9528 www.greenwayeng.com 3182 SHEET i OF 1 A Quaint Invitation • The front porch of this classic European - style home invites you into its updated, free-flowing interior. • Family and friends will enjoy a special dinner in the formal dining room; later, gather around the family room's fireplace for an evening of storytelling. • The breakfast nook's bay window lets sunshine warm you as you linger over coffee, croissants and the paper. • Upstairs, the master suite is enchanting. A 9 -ft., 4 -in. tray ceiling tops the sleeping chamber, while a 12 -ft. vaulted ceiling, a lush oval tub and a walk-in closet enhance the private bath. • A bonus room above the garage provides expandable space for a fourth bedroom, a children's playroom or that home office that's on your wish list. • Conveniently located near the sleeping quarters, the neat laundry closet• simplifies chores. Pian FD-5427-CAMD Betlrooms:3+ Baths: 2/2 Living Area: Upper floor 738 'sq. ft. Main floor 767 sq. ft. Bonus room 240 sq. ft. Total Living Area: 19745 sq. ft. Daylight basement. .767 sq. ft. Garage 480 sq. ft. Exterior Wall Framing: 2x4 Foundation Options: Daylight basement Crawlspace (AAI plans can be built with your choice of foundation and framing. A generic conversion diagram is available. See order form.) BLUEPRINT PRICE CODE: B ORDER BLUEPRINTS ANi°TIM- El CALL TOLL-FREE 1-888-626-2026 Garage 199 x 235 UPPER FLOOR 47=10* -- - -- -- - --I Breakfast == ' suaNG Cuss DOOR UNM K PANTRY Dining Room 1(p x 10, to Pwdr. ■ ' 'O M Family Room CO"nO 143 x 172 OPEN RA& Foyer Covered Porch MAIN FLOOR PRICES Plan FB-5427-CARMOD OXPAGES 12r15 105 C� • • BZA REVIEW DATE: June 18, 2002 VARIANCE 911-02 DAVID L. GOODE LOCATION: The property is located north of Star Fort Estates at the terminus of Braddock Street and south of the properties located on the south side of Lee Avenue. MAGISTERIAL. DISTRICT: Stonewall PROPERTY ID NUMBER: 54-A-34 PROPERTY ZONING & USE: Zoned RP (Residential Performance) District; Land use - Vacant ADJOINING PROPERTY ZONING & USE: Zoned RP (Residential Performance) Uses: Residential, Nursing Home, Unimproved and Public Garage; B2 (General Business) District Land Use: Commercial Nursery VARIANCES: 1) A fifty (50) foot buffer distance variance for the one hundred (100) foot residential buffer required against the Star Fort Estates Subdivision; 2) A forty (40) foot buffer distance variance for the one hundred (100) foot residential buffer required against the rear lot lines of the residential parcels located along Lee Avenue; 3) A forty five (45) foot inactive buffer distance variance from the rear lot lines of the residential parcels located along Lee Avenue to allow for accessory uses including parking and recreational amenities. REASON FOR VARIANCE: The zoning ordinance buffer requirements limit the potential to develop the property into (proposed) three two-story apartment buildings. STAFF COMMENTS: The Residential Separation requirements of the Zoning Ordinance are defined in § 165-37 A, B and C(2)(a)(b). The buffer requirements for' placing apartment or multiplex housing types adjacent to single-family detached housing types are specified below [§ 165-37C(2)(a)]. Screening Provided Inactive Active Total (feet) Full screen 75 25 100 Landscape screen 150 50 200 No screen 350 50 400 Variance #11-02, David L. Good Page 2 June 10, 2002 § 165-37C(2)(b) states that "Buffers shall be placed between the garden apartment of multiplex structures and the lot line of the lots containing the other housing types." The proposed variance is a result of these requirements and the applicant's desire to construct multifamily housing on a vacant lot. The applicant proposes this housing type adjacent to existing single-family detached dwellings. Exhibit "A" illustrates the buffer area requirements for the proposed apartment housing types in the context of adjoining properties and roadways. Variance #1 is a request for a fifty (50) foot variance from the 100 -foot residential separation buffer that is required against "Star Fort Estates" along the southern property line. The ordinance requires a minimum distance buffer of 100 feet if a full screening element is used. An inactive portion of 75 feet and active portion of 25 feet is required. Chapterl65-37B(1)(2) provides the requirements for screening and plantings. A full screen must include a six (6) foot high opaque element (berm or fence) and includes three trees per ten linear feet. The applicant's Exhibit "B" illustrates a proposal to provide the 50 -foot buffer which would contain the screening elements, including a proposal to provide 25% additional plantings than the minimum required. The applicant did not specify to what portion of the buffer the variance applied. Variance #2 is a request for a 40 -foot variance for the 100 -foot residential separation buffer that is required against the residential parcels located on the northern side of the property along Lee Avenue. The applicant is proposing to use opaque fencing, tree plantings and preserving existing trees to satisfy the screening element. The applicant did not specify to what portion of the buffer the variance applied. Variance #3 is a request for a 45 -foot buffer distance variance to the 75 -foot inactive portion of the buffer distance requirement from the rear lot lines of the residential parcels located along Lee Avenue. The applicant is proposing to place uses allowed in the active buffer area such as parking and recreational amenities within the inactive buffer area. Parking and accessory buildings are not allowed in the inactive portion of a buffer. STAFF CONCLUSION: The Code of Virginia, Section 15.2-2309(2) states that no variance shall be authorized by the Board unless it finds that: a) strict application of the Ordinance would produce an undue hardship approaching confiscation; b) that such hardship is not shared generally by other properties in the same zoning district and the same vicinity; and c) that the authorization of such variance will not be of substantial detriment to adjacent property, and that the character of the district will not be changed by the granting of the variance. Variance #11-02, David L. Good Page 3 June 10, 2002 The undue hardship provision is not satisfied because of the following two reasons: 1) Other residential housing types (with lower densities) other than apartments and multiplex types are an option. Development of other single-family housing types similar to the existing types (Star Fort Estates) is an option on the property and would not have buffer or screening requirements against the existing homes. 2) All multifamily developments within this zoning district that are adjacent to single-family must comply with the buffer requirements. Since criteria specified in § 15.2-2309 (2) have not been met, denial of this variance would be justified. However, to offset the impact of the reduced buffers, § 15.2- 2309 also states that: "In authorizing a variance, the board may impose such conditions regarding the location, character and other features of the proposed structure or use as it may deem necessary in the public interest, and may require a guarantee or bond to ensure that the conditions imposed are being and will continue to be complied with." 0 \AGENDAS\BZA\STAFF REPORT\2002\DAVID GOODE FINAL REPORT.DOC STER INC 32 54A 2 6A Star Fort HOA co 0 7 < LL C� 0 C) Z A C LTD. 54 A 28 QUO ry VAR #ll .02" Location Map For: WEBER David L. Goode 54 A 47 PIN: 54-A-34 0 30 60 Feet III) i 54 A 34 jJ City of Winchester, Virginia f. i. I. 65 -Y VAR #ll .02" Location Map For: WEBER David L. Goode 54 A 47 PIN: 54-A-34 0 30 60 Feet § 165-35 FREDERICK COUNTY CODE § 165-37 the emissions of smoke, particulate matter, odors and other gaseous pollutants. G. Water pollution. No use shall be allowed which does not conform with the regulations of the Virginia State Water Control Board and the Virginia Department of Health concerning the discharge of liquid, toxic or other wastes into surface waters or the soil. H. Noise. In the M1 Light Industrial or M2 Industrial General Zoning District, sound levels at the perimeter boundary of a development shall not exceed seventy-five (75) dba (A scale). § 165-36. Landscaping. A. All portions of developments requiring site plan approval shall be appropriately landscaped to enhance the appearance, character and value of development in the county. Landscaping shall be provided to reduce the visibility of paved areas from surrounding properties, to minimize noise and glare, to provide shade and to improve the general appearance of the lot to be developed. B. In any development requiring site plan approval, any part of a lot not used for buildings, structures, parking, loading, driveways or walkways shall contain a ground cover including grass, trees, flowers, shrubs or other landscaping materials which shall be maintained in a healthy condition. § 165-37. Buffer and screening requirements. [Amended 6-13-19901 ry It is the intent of the regulations of this section to encourage proper design of �i a site in order to protect adjacent existing uses and to protect proposed uses within the site. Certain types of uses must be buffered from other types in order to ensure a desirable living environment_ Additionally, appropriate distances must be maintained between commercial, industrial and residential uses and roads. A. Distance buffers. Distance buffers are based on the nature of an activity and its proximity to an activity of a different nature. They are linear distances measured from property lines inward. Part of the buffer must 16558 § 165-37 ZONING § 165-37 be inactive and part may be active. The inactive portion begins at the adjoining property line, as shown in the example diagrams.' (1) Inactive distance buffer. This portion of a buffer area permits no activity except the necessary utility functions provided by transmission lines, underground conduits, etc. (2) Active distance buffer. This portion of a buffer area may not be encroached by a building or other principal structure or activity. However, accessory activities, such as parking, are permitted in this area. Active buffers shall not contain road rights-of-way. Adjacent structures shall be considered structures on the same or abutting properties or structures in the same general vicinity. (3) Wherever proposed developments are adjacent to or within 1,000 feet of the boundaries of existing uses, the Planning Commission may require increased or additional distance buffers to separate different uses to achieve the intentions of this section. B. Screening. Screening is designed to work with distance buffers to lessen the impact of noise or visual interaction between adjacent activities. There are two levels of screening: landscape screening and full screening. The higher the level of screening provided, the lower the level of distance buffer required. The example diagrams show how this works.z (1) Landscape screening. A landscape screen consists of a totally landscaped easement at least 10 feet in depth. Within the easement, there shall be a minimum landscaping density of three plants per 10 linear feet, and they shall be at least four feet in height at planting and intended to reach a minimum height of six feet at maturity. There shall be at least three species of plants, with the majority being evergreens and at least 1/3 being deciduous. Where natural barriers, topography or other features achieve the functions of the landscape screen, the requirement may be waived by the Planning Commission. (2) Full screen. A full screen provides all the elements of a landscape screen and also includes a six -foot -high, opaque hedge, fence, wall, mound or berm. A woodland strip of 50 feet may be allowed 1 Editors Note: The diagrams detailing example buffers and screening are included at the end of this chapter. 2 Editors Note: The diagrams detailing example buffers and screening are included at the end of this chapter. 16559 12-15-99 § 165-37 FREDERICK COUNTY CODE § 165-37 as a full screen. As with landscape screens, if natural barriers, topography or other features achieve the functions of the full screen, the requirement may be waived by the Planning Commission, and the requirement may be changed to maintain highway sight distances. (3) Wherever proposed developments are adjacent to existing uses, the Planning Commission may require additional landscaping or landscaped easements to separate different uses and to achieve the intentions of this section. C. [Amended 5-11-19941 Residential separation buffers. Perimeter and interior residential separation buffers shall be established to adequately buffer single-family detached traditional and cluster dwellings from other housing types. The function of the perimeter separation buffer shall be to adequately separate different housing types within adjoining developments, while the interior separation buffer shall adequately separate different housing types within mixed- use developments. The requirements for perimeter and interior residential separation buffers are as follows: (1) Perimeter single-family separation buffers. (a) [Amended 10-27-19991 Wherever possible or practical, single-family detached traditional, urban, cluster and single- family zero lot line and single-family small lot housing shall not be placed adjacent to other residential lots or structures. [11 If other types of residential structures must be placed adjacent to single-family detached traditional, urban and cluster dwellings, the following buffers are required: 16560 12-15-99 Distance Buffer Required Inactive Active Screening (Minimum) (Maximum) Total Provided (feet) (feet) (feet) Full screen 75 25 100 Landscape screen 150 50 200 No screen 350 50 400 16560 12-15-99 § 165-37 ZONING § 165-37 [2] If 'single-family zero lot or single-family small lot structures are placed against single-family detached traditional, urban and cluster residential structures, the following buffer is required: Distance Buffer Required Inactive Active Screening (Minimum) (Maximum) Total Provided (feet) (feet) (feet) Full screen 15 10 25 Landscape screen 30 20 50 No screen 150 50 200 (b) Buffers shall be placed between the lot line of the lot containing the single-family detached traditional and cluster structures or lots designated by an approved master (Cont`d on page 16561) 16560.1 12-15-99 § 165-37 ZONING § 165-37 (2) development plan as single-family lots and the non -single- family structures. Perimeter apartment or multiplex separation buffers. (a) Wherever possible and practical, garden apartments and multiplex structures shall not be placed adjacent to other types of residential structures. If other types of residential structures must be placed adjacent to garden apartments or multiplex structures, the following buffers are required: Distance Buffer Required Inactive Active Screening (Minimum) (Maximum) Total Provided (feet) (feet) (feet) Full screen 75 25 100 Landscape screen 150 50 200 No screen 350 50 400 (b) Buffers shall be placed between the garden apartment or multiplex structures and the lot line of the lots containing the other housing types. (3) Interior residential screening. This buffer shall be designated as a continuous landscaped easement that will be placed between single-family detached traditional and cluster dwellings and other housing types. This landscaped easement shall be at least 10 feet in depth and contain a double row of evergreen trees. Each row of evergreen trees shall be a minimum of four feet in height at time of planting and spaced no more than eight feet apart. If natural barriers, topography or other features achieve the function of an interior separation buffer, the requirement may be waived by the Planning Commission. D. Zoning district buffers. Buffers shall be placed on land to be developed when it adjoins land in certain different zoning districts. (1) Buffers shall be provided on the land to be developed according to the categories in the following tables: (a) Buffer categories: 16561 10-25-2001 § 165-37 FREDERICK COUNTY CODE § 165-37 Zoning of Adjoining Land Distance Buffer Required Developed RP Inactive Active MH1 131 B2 B3 M1 M2 Screening (Minimum) (Maximum) Total Category Provided (feet) (feet) (feet) A Full screen — — — A Landscape — — — – screen – – A A A A A A No screen 25 25 50 B Full screen 25 25 50 B Landscape 75 25 100 A screen B B2 B B No screen 150 50 200 C Full screen 75 25 100 C Landscape 150 50 200 C screen C C B B – – _ C No screen 350 50 400 (b) [Amended '9-12-20011 Buffer categories to be provided on land to be developed according to the zoning of the adjoining land: Zoning of Land To Be Zoning of Adjoining Land Developed RP R4 R5 MH1 131 B2 B3 M1 M2 EM MS RP – – – – A A A A A A A R4 – – – – A A A A A A A R5 – – – – A A A A A A A MH1 C C C – B B B B A A C B1 B B B B – – A A A A B B2 B B B B – – A A A A B B3 C C C C B B – – _ _ C M1 C C C C B B – – _ _ C 16562 10-25-2001 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA Variance Application No. Submittal Deadline Submittal Date For the meeting of .' Fee Paid 'es Initials I Sign Deposit . Yes Sign Return Date MUST BE TYPED OR FILLED OUT IN INK — PLEASE PRINT 1. The applicant is the owner ❑ other0. (Check one) 2. APPLICANT: OCCUPANT (if different) NAME: David L. Goode NAME: _ ADDRESS 155 Lee Avenue ADDRESS Winchester, VA 22601 TELEPHONE (540) 667-9039 TELEPHONE 3. The property is located at (give exact directions and include State Route numbers): The property is located at 155 Lee Avenue (Route 764) which is approximate) 1/4 mile northwest of the Lee Avenue intersection with Martinsburg Pike (U.S. Rte 11). 4. The property has a road frontage of 100 feet and a depth of 321.47 feet and consists of 3.8891 acres. (please be exact) * Note that Pennsylvania Avenue is not constructed to the property; therefore, the road frontage and depth are taken from the Lee Avenue access. Also note that information is taken from most current plat of property recorded on May 5, 2002 and identified as Instrument # 020007545. This plat is attached. 5. The property is owned by David L. Goode as evidenced by deed from Linwood E. Dove; Gilbert Franklin Dove, Jr.; Paul A. Dove; Alfred A. Dove; Marvin N. Dove; Carolee H. Dove; Ethel V. Dove; Robert Lee Dove; Ann Miller Dove; Joyce Ann Dove Birmingham and Andrew Birmingham (previous owner) recorded in Deed Book 669 on Page 845 of the Deed Book of the Clerk of the Court for Frederick County. Attach a copy of the deed 6. Magisterial District: Stonewall 7. 14 -Digit Property Identification No.: 54-((A))-34 8. The existing zoning of the property is: RP Residential Performance)_District 9. The existing use of the property is: Unimproved RECEIVED 'MAY 2 4 2002 DEFT. OF FLAW41NG/DEVELOPMENT Page 2 of 6 10. Adjoining Property: USE ZONING North Residential; Nursing Home RP Residential Performance' District East Residential, Unimproved; RP (Residential Performance) Public Garage District South Commercial Nurse B2 (General Business) District West Residential (Star Fort RP (Residential Performance) Estates) District 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 50 -foot buffer distance variance for the 100 -foot residential buffer required against the Star Fort Estates subdivision. • A 40 -foot buffer distance variance for the 100 -foot residential buffer required against the rear lot lines of the residential parcels located along Lee Avenue. • A 45 -foot inactive buffer distance variance from the rear lot lines of the residential parcels located along Lee Avenue to allow for accessory uses including parking and recreational amenities. 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 situational or condition of property, or the use or development of property immediately adjacent thereto Mr. Goode is applying for the buffer variances described under item #11 due to the significant constraints_ that the required buffer distances place on the 3.8891 -acre parcel. Strict application of the required buffer distances creates a maximum buildable area of 0.4439 acres which is a reduction of 88.6% of the total acreage of this parcel. Please refer to Exhibit A to visualize the impact to theparcel.) Page 3 of 6 13. Additional comments, if any: The 3.8891 -acre parcel is zoned RP (Residential Performance) District and is only accessible via the 100 foot frontage located on Lee Avenue. The size and shape of the parcel, as well its' proximity to the City of NVinchester is -conducive to multifamily housing. Mr. Goode plans to develop this parcel in a manner that is an enhancement to this area of the community. The development plans include the construction of three (3) two-story apartment buildings that are all brick with metal roofs (please refer to attached rendering). Furthermore, Mr. Goode plans to enhance the reduced buffer distance area along the Star Fort Estates Subdivision through the provision of a six-foot earth berm that will contain 25% more tree plantings than is required by the Frederick County Zoning Ordinance. Mr. Goode plans to enhance the reduced buffer distance along the rear property lines of the parcels fronting on Lee Avenue through the use of opaque fencing, cluster tree and vegetative plantings and existing mature trees on this portion of the property. (Please refer to Exhibit B to visualize the proposed earth berm and landscaping plan that will be located along the Star Fort Estates Subdivision.) Page 4 of 6 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 David L. Goode, Inc. Address 155 Lee Ave. Property ID# 54-A-34 & 40 Winchester, VA 22601 NAME James Lupton Address 191 Lee Ave. Property ID# 54-A-29 Winchester, VA 22601 NAME Winchester Manor, Inc. Address PO Box 4308 Property ID# 54-A-32 Silver Spring, MD 20914 NAME Kenneth Vaugh, Sr. Address 187 Lee Ave. Property ID# 54-A-35 Winchester, VA 22601 NAME Martin Gavis Address PO Box 284 Property ID# 54-A-36 & 37 Winchester, VA 22604 NAME ZAC, Ltd. Address 396 Gainesboro Road Property ID# 54-A-38 Winchester, VA 22603 NAME Ruby Funkhouser, et als Address 159 Lee Ave. Property ID# 54-A-39 Winchester, VA 22601 NAME Mark Mason Address 143 Lee Ave. Property ID# 54-A-41 Winchester, VA 22601 NAME Michael Weber Address 937 Martinsburg Pike Property ID# 54-A-46, 47 & 48 Winchester, VA 22601 NAME Jared Portch Address 116 Star Fort Dr. Property ID# 54A-2-8 Winchester, VA 22601 NAME Steve Evans Address 114 Star Fort Dr. Property ID# 54A-2-9 Winchester, VA 22601 NAME Ruth Eastep Address 112 Star Fort Dr. Property ID# 54A-2-10 Winchester, VA 22601 NAME Michael Hardware Address 110 Star Fort Dr. Property ID# 54A-2-11 Winchester, VA 22601 Page 5 of 6 NAME Robert Stiefel Property ID# . 54A-2-12 NAME Audrey Bairossi Property ID# 54A-2-13 NAME Charles Renner, Jr. Property ID# 54A-2-14 NAME Ann Marie Morrison Property ID# 54A-2-15 NAME Jamie Wade Property ID# 54A-2-16 NAME Star Fort Estates Homeowners Association Property ID# 54A -2-6A Address 108 Star Fort Dr. Winchester, VA 22601 Address 106 Star Fort Dr. Winchester, VA 22601 Address 104 Star Fort Dr. Winchester, VA 22601 Address 102 Star Fort Dr. Winchester, VA 22601 Address 100 Star Fort Dr. Winchester, VA 22601 Address 1625 South Loudoun Street Winchester, VA 22601 Page 6 of 6 AGREEMENT VARIANCE #_�- (A' 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 I 2 a� t SIGNATUREOF OWNER DATE �3'f/cz (if other than applicant) -OFFICE USE ONLY BZA PUBLIC HEARING OF ACTION: Q APPROVAL SIGNED: Q DENIAL DATE: BZA CHAIRMAN RECEIVED D MAY 2 4 2002 \7 NI/VV Q' V i.I, ,zlmmmIr FINAL PLAT FOR BOUNDARY UNE ADJUSMENT BETWEEN THE LANDS OF DAVID L. GOODE, INC. STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA APRIL 15, 2002 i �� / .'' �-.�i'M. �.� w ; �� IIF/Y l�►:Y:F i .��L:K :.. '`�,3 �Xb.';C�i�X, '`�3`i•'.: /::�.:.^:a:'�'M.:"�X.d,r.,�3i`"�/iiY'�..9j`.w.,"'<3?. :i.'�%%,.�. .�t�n....,as ,ice -: :'� y ?�A!srui OWNER'S CERTIFICATE THE ABOVE AND FOREGOING BOUNDARY UNE ADJUSTMENT BETWEEN 774E LANDS OF DAVID L. GOODE, INC. AS APPEARS ON 774E ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE W17H THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IFA (- n ` COMMON OF VI'INIA CITY / OF �redevtC� TO WT THE FOREGOING OWNER'S CERTIRCC47E WAS ACKNOWLEDGEDBEFORE ME THIS -7Wj DAY OF M Q, 20.QZBY David L- OOd? Py-esi dep+ MY COMMISSION EXPIRES f eb✓Ua2r 29 20o4- - -�- SURVEYOR'S CERTIFICATE l HEREBY CER77FY THAT THE LAND CONTAINED /N THIS BOUNDARY LINE ADJUSWENT SURVEY IS ALL OF THE LAND CONVEYED TO DAVID L GOODS, INC. BY DEEDS DATED JANUARY 4, 1968 AND MARCH 6, 2002 RECORDED IN THE OFFICE OF THE CLERK OF THE FREDERICK COUNTY CIRCUIT COURT AS DEED BOOK 669 PAGE 845 AND AS INSTRUMENT NO. 02004182. DARREN S. FOL-4- PARENT OL.S.PARENT TAX PARCEL I0EN77ROA770N DAVID L GOODE, INC. T.M. 54 -((A)) -J4 2.7970 ACRES ZONE- RP USE- VA04NT DAVID L. GOODE, INC. T.M. 54-((A))-40 0.344) ACRES ZONE- RP USE, RESID. APPROVALS: FREDERICK COUNTY SUBDIVISION ADMINISTR4TOR DATE CREENW AY ENGINEERING 151 WINDY HILL LANE 7 Engineers WINCHES=, VA. 22602 Surveyors TELEPHONE: (540) 662-4185 FAg: (540) 722-9528 Founded j OF y Pic � �, DARREN S. FO No. 002257 i MON. L4 FORT TES PG. 1 .01 t� PENNSYLVANIA AVENUE C 50' RI'W c3 X6`5= IRS ip IRF 321.47' l M YI \ �,2g 100 0 100 !RF 5 2/ 1'34.0' (N))�35 59 r �■r- GRAPHIC SCALE o Tµ 54- 5• GA 37RE,jO (IN FEET) Kew, 53RPPOSE- 1 0 ZONED& 31 v 3GN'n 1S �pG RESID ov o D� 7 RP OSE' ZONED .6'Tri! 54-C<AI>-34 3 889 z o z 1 ACRES ADJUSTED AREA rn •N 39 AL g .r ((A)) Eg, � o 64; OOS RE510 rn `�' S 37*4326" W t4 OSE. -4 v S 62-4531' E o , FON ZONEp: •. S 2T 14 29" W �,� E IRF00 L4 S `3651' W 1 906.2l'i Z rn IRF 150 �Z. o 14 29 , W !RF a �ro 5 2 A 5D OO' IRF S 6245'31' E 50.00' 0 ® S 2 253 95 Li TM. 54-((A))-47 IRF MICHEAL SMITH WEBER BRADDOCK STREET F DB. 455 PG. 746 (50, Rte,) ZONED: B2 USE: BUSINESS ///VF Td RI F SEE SHEET 3 FOR LEGEND, NOTES AND ADJOINER TABLE. LINE BEAR/NG DISTANCE Ll S 37*4326" W 50.18' L2 S 62-4531' E 100.00' L3 S 2T 14 29" W 10.89' L4 S `3651' W 1 906.2l'i 6SCALE: NAL PLAT FOR BOUNDARY UNE ADJUSTMENT BETWEEN THE LANDS OF OF r DAVID L. GOODE, INC. ALL MAG/STERIAL DISTRICT, FREDERICK COUNTY, VIRG/NIA DARREN S. FOLTZ 1" = 100' DATE: APRIL 15, 2002 N0. 02257 GREE1� W AY ENGY HILL NEE 'ING 05/ 3/0 151 Engineers INCi ESTER. VA. 22802Surveyors TELEPHONE: (540) 882-4185 F'AM (540) 722-9528 197f wwwgreenwayeng.com 0880 SHT 2 OF 3 c:) a c c,: Oj TM. 54A-((2))-9 STEVE A. EVANS & DAIRA J. EVANS DB. 827 PG. 814 ZONED: RP USE. RESID. OTM. 54A-((2))-12 ROBERT J. STTEFEL, Fly INST.#01011172 ZONED: RP USE. RESID. O7 TM. 54A-((2))-15 ANN MARIE MORRISON & TODD FENTON DB. 937 PG. 1721 ZONED: RP USE. RESID. 10 TM. 54-((A))-38 ZAC LTD. DB. 576 PG. 382 ZONED: RP USE. RESID. IRS = 1/2" IRON REBAR SET IRF = 1/2" IRON REBAR FOUND R/W = RIGHT OF WAY RESID. = RESIDENTIAL OTM. 54A-((2))-10 TONY C. EASTEP & RUTH M. EASTEP DB. 827 PG. 102 ZONED: RP USE. RESID. OTM. 54A-((2))-13 AUDREY F. BNROSSI INST. #01010094 ZONED: RP USE. RESID. OTM. 54A-((2))-16 JAMIE N. WADE & AMY R. WADE DB. 953 PG. 1340 ZONED: RP USE. RESID. OTM. 54A-((2))-11 MICHEAL M. HARDWARI DB. 946 PG. 991 ZONED: RP USE. RESIL OTM. 54A-((2))-14 CHARLES J. RENNER, JR DB. 805 PG. 462 ZONED: RP USE- RESID. OTM. 54-((A))-41 MARK L. MASON INST. (01001071 ZONED: RP USE. RESID. 11 STAR FORT ESTATES HOME OWNERS ASSOC. DB. 747 PG 152 ZONED: RP USE. VACANT AREA rA�uLAnon1 ORIGINAL AREA ADJUSTED AREA TM. 54-((A))-34 2.7690 ACRES 3.8891 ACRES TM. 54-((A))-40 0.3440 ACRES 0.0000 ACRES R/W (VACATED) 0.7757 ACRES 0.0000 ACRES 3.8891 ACRES 3.8891 ACRES NOTES: 1. NO TITLE REPORT FURNISHED. EASEMENTS OTHER THAN SHOWN MAY EXIST. 2. THE BOUNDARY INFORMATION SHOWN HEREON IS BASED ON A CURRENT FIELD SURVEY BY THIS FIRMM, 3. THIS PARCEL UES ENTIRELY WITHIN FLOOD ZONE "C', AREAS OF MINIMAL FLOODING AS PER F.I.R.M. COMMUNITY PANEL (510063 01058, DATED JULY 17, 1978. FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT BETWEEN THE LANDS OF OFr'r DAVID L. GOODE, INC. STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA (DARREN S. FOLTZSCALE: N A DATE: APRIL 15, 20020Q2257GREE�lWAYYENGNEERING��3�a�,Engineers WIIiCHESTER, VA. 22802SZTRO Surveyors TELEPHONE: (540) 882-4185 $� FAM (540) 722-8528 ESRI ArcExplorer 2.0 David Goode variance Milcs 0 0.02 0.04 4.Of N roads (NAME) • House (ADDRESS) parcels ® floodplain ag2001 Hydrography (LAYER) w W 1 T W2 zonecomp (ZONE) B1 B2 B3 EM. HE M1 M2 MH1 R5 RA RP Friday, Jun 7 2002 EXHIBIT A _ ' 1 1 54-A-3 � J V'� o ZAC54-A-39 �� RUBY FUNKHOUSER, M A 1 54-A-36 4 31 LTD", et.a 1. 1 MARTIN 8. 4 ZONED: ZONED: RP CLAUDETTE H. RP 1 USE: RESID. GAV 1 S USE: 54-A-35 ZONED: RP r VACANT 1 cr KENNETH S. USE: RESID. 1 N VAUGHN, SR t �' ZONED: RP tj USE: RES. 1 0, E 54-A-34 TOTAL LOT AREA 3.8891 AC. DRAINAGE AREA FOR STAR FORT ESTATES BUILDABLE AREA 0.4439 AC. T54A-2-13 DANTE 4 AUDREY F. BAIROSSI I { le, T,47 1 � 1 �e 54-A-411 JAIME D. SELFORD 1 544-2 -15 ANN MARIE J. MORR15ON 4 TODD FENTON 54 -.A -4-f MICHAEL S. WEBER ZONED: 52 USE: NURSERY 54A-2 -16 JAMIE N. WADE ME 0 z L a 0 0 0 J E- E- Z E -z Qa a5 �o U x U a Z 12 0 �-, E - w DATE: MAY 22, 2002 1 SCALE: 1"= 50' DESIGNED BY: EW JOB NO. 0880 SHEET 1 OF1 N 50 2 5' ' W am — � Qin 6-18.92' — STAR FORT ESTATES 54A -2-S COMMON AREA TODD S. 4 TAMARA M. 54A-2-9 54A-2-10 54A-2-11 STEVE A- 4 TONY C. DAIRA J. RUTH MMICHAEL M. M. EVANS EASTEP HARDWARE \ SOWER \ STAR �CRi \ ZONED: RP USE: RES. BUILDABLE AREA 0.4439 AC. T54A-2-13 DANTE 4 AUDREY F. BAIROSSI I { le, T,47 1 � 1 �e 54-A-411 JAIME D. SELFORD 1 544-2 -15 ANN MARIE J. MORR15ON 4 TODD FENTON 54 -.A -4-f MICHAEL S. WEBER ZONED: 52 USE: NURSERY 54A-2 -16 JAMIE N. WADE ME 0 z L a 0 0 0 J E- E- Z E -z Qa a5 �o U x U a Z 12 0 �-, E - w DATE: MAY 22, 2002 1 SCALE: 1"= 50' DESIGNED BY: EW JOB NO. 0880 SHEET 1 OF1 z in N C'7 O N CD C) N cl) N 0 a N W d Q U U) 0 z Q J U W w a Q 0 U) 0 z Q J U) a u� N a) 3 H } EXHIBIT B L_,4ND,5CA f E LEGEND DECIDUOUS EVERGREEN #i E- Z E -z Q I-�-i yy EVERGREEN #2 W ADDITIONAL PLANTINGS (25% 4ddltlonal Tree Coverage) EXISTING/1=lROP0SED 5OUND,4R'' LINE W03 !m e m T 50' 5ET5,4C,< LINE LANED5CAFE 5UF:FEfR IDETAIL UJ / 5 E �t'-1 (TYPICAL SECTION) � I I./ I I I vim/ I I\k./ I %-. , �/" J-/ k-+ 1 4.- ELEVATION VIEW-FRONT/REAR LANEDSCAFE f5UFf fR TAI L Uj/ E3fR�j (TYPICAL SECTION) cs o Lala C CD Lan 02 w a otc a 00 W r W � F n � m m V (D A ro � wrn MARK D. SMITH No, 022937 DATE: MAY 2002 SCALE: N.T.S. DESIGNED BY:EAW/J JOB NO.0880 SHEET I OF i E- W E- Z E -z Q I-�-i yy H W Z WQ4 / C� �w < W a� U W a W z za ow DATE: MAY 2002 SCALE: N.T.S. DESIGNED BY:EAW/J JOB NO.0880 SHEET I OF i David L. Goode Apartments to 2 -story buildings * All brick construction e Metal roofs Porches and balconies m 1000 square foot units ■i■� N nnI �n n� �� n L� go loll n.� .■.� go-- n --=� ■■.�___ -- =--- = _ _ -_-- ----- n�� iu� n■■� — n■. ■■■■� ■u■I -1111111111�11111111�111 ion . ■.■ I■■..I�.n■ ■u iii i� ■■i■ ■.■ – � ■■■� ■■■� n - n --- � NOW.■■� Mill .■■s lowIIIIIIIIIIIIIIIIIIIIIIIH MIR HIM— min In iii■oi W-1 �: -- _ IIIIIIIIIIIIIIIlIIIIIII — = ■■ ■n� in■�i �u rW n — �u n11.1 �u BOTH ELEVATIONS FRONT & BACK �7 • C� BZA REVIEW DATE: June 18, 2002 VARIANCE #12-02 ALICE L. GOOD LOCATION: The property is located at 206 Ritter Road. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 87A-1-39 PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land Use -Residential ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land Use - Residential VARIANCE: 32 -foot front yard setback variance from a private right-of-way for a proposed addition to an existing residential dwelling REASON FOR VARIANCE: The applicant states that the size of the lot leaves no buildable area using traditional five -acre lot setbacks. Additionally, the location ofthe septic tank in the rear yard is a factor. STAFF COMMENTS: The property owner/applicant is proposing an addition to the side of the existing dwelling. The proposed addition will extend along the existing front building line approximately 20' toward the property line adjoined by a legally recorded right-of-way. Exhibit "A" is a house location survey dated May 16, 2002, provided by Greenway Engineering. The exhibit illustrates the existing conditions and proposed addition to the dwelling. The Rural Areas (RA) Zoning District specifies the setback requirements for this property as'being: 60' front from the 20' right-of-way (Breezy Acres Lane), 50' rear, and 50' for the sides. The other front setback off Ritter Road (SR 643) is vested at 40' as indicated on the exhibit. The applicant would not need a variance to extend the existing dwelling along the existing building line, parallel to Ritter Road, if Breezy Acres Lane was not located in its present proximity to the dwelling. However, a variance is necessary for the front setback off Breezy Acres Lane because of the right of way designation. The applicant is requesting a 32' front yard variance to enable the proposed addition. Alice L. Good Variance Page 2 June 11, 2002 STAFF CONCLUSION: The Code of Virginia, Section 15.2-2309(2) states that no variance shall be authorized by the Board unless it finds that: a) strict application of the Ordinance would produce an undue hardship approaching confiscation; b) that such hardship is not shared generally by other properties in the same zoning district and the same vicinity; and c) that the authorization of such variance will not be of substantial detriment to adjacent property, and that the character of the district will not be changed by the granting of the variance. The applicant has indicated that there is no other location to construct the addition because of the septic drain field location in the rear of the property. Breezy Acres Lane is a right-of-way serving less than five residences. The inability to construct an addition to an existing dwelling does not constitute a true hardship. However, given the circumstances of Breezy Acres Lane serving only a minimum number of dwellings and the proximity of the existing dwelling to Ritter Road, the granting of this variance would be appropriate. O:Wgendas\BZA\Staff Report\2002\Alice L. Good.doc 76 A 59D LOFTON 87A 1 39 GOOD, ALICE L 87A 1 38A I 9 DODSON 87A 1 38 ,q DODSON S ao 76 A 120 WOLFREY 76 A 121 DODSON 76 A 122 DODSON APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA 1. The applicant is the owne other (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME:- A L -4%i i, 6-000 NAME : ADDRES S -2,9 (�, IZ r 7T OL PO 4D ADDRESS: t"'A N r if s -rc'-)Z V'4 t 0 a TELEPHONE: S -YD - 8(n9 - a a & a TELEPHONE 3. The property is located at (give exact directions and include State Route numbers): 4 - 0 12- -rt ei2- 2044 —9 -re- Sou i w Tb P-1 rMy- / -.ED4-n (P-% (®f3 00 3/4 M L E � 0 SZ O PJ L- r s 4. The property has a road frontage of /07.00 feet and a depth of � dao feet and consists of D, -7 1? acres. (please be exact) 5. The property is owned by I -L-► c t'-� L. C Levo as evidenced by deed from JOHN r_ &CV0 recorded (previous owner) in deed book no. 112 5 on page �``f of the deed books of the Clerk of the Court for Frederick County. Attach a copy of the deed. Page 2 of 5 6. Magisterial District: S 14 A,,,j ,,J 7. 14 -Digit Property Identification No.: 6'7A- 8. The existing zoning of the.property is: j2 Ar 9. The existing use of the property is: esi 10. Adjoining Property: USE ZONING North P -a3, s m i , [-rL1 East t r, South s e, West , �! 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.") f NOT AldaQIO 0 3�z �G DUc=T[C� f`1 c? h (Lc�t�T S��T�fuck- T a 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 S 12-15 0 F- i,� i.E" J FS qL-) RO 4 uC)A-6L-E `fir VSS Nle __ T _OL S /kc_r�-e l.�T' 6L-7�6A-C.dc_.S 13. Additional comments, if any page 3 of 5 s, or corporations ng 14. The following names and addresses are all of ni is being soughrt,lincluding properties at lthe property adjacent to the property for which the van se additional pages if sides, rear and in front of (acrossotifd b y street mai of this application:from) the subject pe necessary.) These people will be NAMEv"' H"�' �`4-�'��-- Address 1 ,�~�� uL T" Property ID4 — 5`7 A Address k q i"G- Ve, Property ID# 7 R �) . )'i D �, U 1,E:f(�- Address_ `ice 21 fiCZ''�L -moo NAME_ Property ID4 i. t7t jZc`1 Address -7 (04 Aa M a, Property ID# %6 12-0 Address NAME ' Property TD# to " 12-1 NAME Address �, v pt-�.c�c2 Property ID# 87 A- - ({ 38 A- �+ MAL- �?' �• � p-�' Address NAME Property ID# '57'+- •- CC t )) — 3!5 A ---Address � 4 k' � ` �� NAME 1 � a �, N5 U3 V r-1--22tvG� Property ID# 57 A - (( � 1) r 53A - \J ` Address 2C - a-% CTV -' NAME Property IN 87 4- 32 A NAME to a-- lyl � Address SIP - (A L- V A 22 b C)"3 -- Property ID# �� i ) t A { f J ! 1 63 4 X41 1 • �/ .; { 55 bu 4w0 i 9oo ( �„ 4w0 ( 3 • ` O s5i'3r�r I F - . 2 4' o A 2.987.5 SO. FT. j T C so t j '42*W i0 B — 7.806.0 SA• FT. 1 48.73' • a� Mali' ® �4 pill ,38*09'24'W A7.12' Zo_ 7 4 +0 �• 8./ . f �,3 B)• 36'1 �, a s r 1 O'9♦ rP �� 81.78; ri C� 3Q'E R h bV 100.0 1 CA 11 ;V . .jT 34,190 • s Q.1 FT. 1,/• v •/*�•� m = N 0; N 3 46. �_IO W_39A�40A_ 1 I % nal 39 40 a!1 •� d i in W cnl 8z dw os / Z SECTION. 18.2 SUBDIVIDE i81 z Sr,8jr&Cr al 1 N FREDERICK COUNTY CODE APPROVED— FFCEDERtz.3C COUNTY I Id609.30'E-107.07' DEPT. OF PLANNING 70� in" � / t �fA. ROUTE 643 a . z . Y y Pagc 5 of 5 f AGREEMENT VARIANCE # 'I},p 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 SIGNATURE OF OWNER Q -4G lze DAVE s - /.s - o.z (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF 5.u.4e.1920 ACTION: DATE - APPROVAL SIGNED: DENIAL DATE: EXHIBIT "A" 20' �'/G PST MERIDIAN B jj P 62AY D.B. 555, PG 63 oo\ B,QE- � pG 397 X11 `��`''��`' `b �• `�" Ui �,QJ`'�/ ��h° X11 �� • L1 IPF ��' �1P �• QG �. /gP TM 87A-((1))-39 ti J�• g, J`' / /,3 ALICE L GOOD o a z �� g 5 l9' 6 �1°'t` C3 , ZONE RA USE RE51. r /� W 34,190 50. FT w 1 206 ;. 1 / / SON N) ❑ LDG. I n / pp Z;i O I $HED 2I I Q. a' E�:: r GaavG m o'er,- v / I I :"C:) � j c')000 141; :c' 60' BRL'� I ADMON cd cs o I � a� z � - / ��3�.� e / W m ME Z HOLW F �-293' �Q�o 18.6 •� , v �v / l o CONC.X "I ✓ --- -- -- " ��`�IPF 31A 32A ±3200' TO INTX. S 09'30'00" W 107.06' -PP (( ))-31A ROUTE 522 ROUTE 643 N RIMER ROAD TM 87A- 1 40' RIGHT-OF-WAY TM 87A-((1))-32,4 50 0 50 MARY V. WILDS SEE SHEET 2 FOR D.B. 228, PG. 24 NOTE'S, LEGEND, ZONE. R4 USE. RESL AND HOUSE DETAIL GRAPHIC SCALE (IN FEET) HOUSE LOCATION SURVEY PARCEL 87A -((1))-J9, 34,190 SQ. FT Tx oF�j STANDING IN THE NAME OF O ALICE L. GOOD SHAWNEE MAGISTERML DISTRICT, FREDERICK COUNTY, VIRGINIA DARREN S. FOLI tZ SCALE: 1" = 50' DATE: MAY 16, 2002 No.002257 GREEN AYYENGINEERING 151 44 Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 662-4185 FAX: (540) 722-9528 Founded in 1971 www.greenwayeng.com 3352 SHEET 1 OF 2 V lain Y,� l�,:vL �`- �:-� � �V C` f^N�M �U' �J✓l` p; i G%1 Ci- {i"i'S Pra ,r1Vi 1 ' Y. i t i r� !"Sj.SIV� � �v�-?,;;,—l�1_'ikAii�I:"yvi'S`j �n ��✓:c us .�D•'.wL�`J:i --,,TM 76 -((A)) -59E BEARING / JAMES C. HEIDER, JR. S 09'30'00 w , Z.Z , L. HEIDER N 53'38'17" W 47.78' D.B. 658, PG. 805 EN N 83'56 37" E 54.24' ZONE RA USE RESL N 60"30 42" E 46.73' A8&JANET `'' N 38'09 24 " E 47.12' TM 76-((A))-590 45'36'12" E 61.78' 31A OMER W. LOFTON D.B. 597, PG. 85 S 70. f,10" E 58.00' ZONE. RA USE. REST. 20' �'/G PST MERIDIAN B jj P 62AY D.B. 555, PG 63 oo\ B,QE- � pG 397 X11 `��`''��`' `b �• `�" Ui �,QJ`'�/ ��h° X11 �� • L1 IPF ��' �1P �• QG �. /gP TM 87A-((1))-39 ti J�• g, J`' / /,3 ALICE L GOOD o a z �� g 5 l9' 6 �1°'t` C3 , ZONE RA USE RE51. r /� W 34,190 50. FT w 1 206 ;. 1 / / SON N) ❑ LDG. I n / pp Z;i O I $HED 2I I Q. a' E�:: r GaavG m o'er,- v / I I :"C:) � j c')000 141; :c' 60' BRL'� I ADMON cd cs o I � a� z � - / ��3�.� e / W m ME Z HOLW F �-293' �Q�o 18.6 •� , v �v / l o CONC.X "I ✓ --- -- -- " ��`�IPF 31A 32A ±3200' TO INTX. S 09'30'00" W 107.06' -PP (( ))-31A ROUTE 522 ROUTE 643 N RIMER ROAD TM 87A- 1 40' RIGHT-OF-WAY TM 87A-((1))-32,4 50 0 50 MARY V. WILDS SEE SHEET 2 FOR D.B. 228, PG. 24 NOTE'S, LEGEND, ZONE. R4 USE. RESL AND HOUSE DETAIL GRAPHIC SCALE (IN FEET) HOUSE LOCATION SURVEY PARCEL 87A -((1))-J9, 34,190 SQ. FT Tx oF�j STANDING IN THE NAME OF O ALICE L. GOOD SHAWNEE MAGISTERML DISTRICT, FREDERICK COUNTY, VIRGINIA DARREN S. FOLI tZ SCALE: 1" = 50' DATE: MAY 16, 2002 No.002257 GREEN AYYENGINEERING 151 44 Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 662-4185 FAX: (540) 722-9528 Founded in 1971 www.greenwayeng.com 3352 SHEET 1 OF 2 V lain Y,� l�,:vL �`- �:-� � �V C` f^N�M �U' �J✓l` p; i G%1 Ci- {i"i'S Pra ,r1Vi 1 ' Y. i t i r� !"Sj.SIV� � �v�-?,;;,—l�1_'ikAii�I:"yvi'S`j �n ��✓:c us .�D•'.wL�`J:i CONCREA STOOP & WALK LEGEND BRL = BUILDING RESTRlC770N LINES IRF = IRON REBAR FOUND IPF = IRON PIPE FOUND PP = POWER POLE V STOOP HOUSE DETAIL SCALE 1' = 15' PRopa%p "MON — — 20.0' — —, D/W = DRIVEWAY S/W = SIDEWALK -E- = OVERHEAD ELECTRIC LINE NOTES• 1. NO TITLE REPORT FURNISHED. EASEMENTS OTHER THAN SHOWN MAY EXIST. 2. THE BOUNDARY INFORMATION IS SHOWN PER PLAT ENTITLED 'SUBDMSION OF MICHAEL AND EDNA MOSCARELLA FARM" RECORDED IN DEED BOOK 195 AT PAGE 421. J NO PORT70N OF THIS PROPERTY UES W17HIN THE 100 YEAR FLOOD ZONE AS SHOWN ON FLR.M. COMMUNITY—PANEL # 510063 0200 B, DATED JULY 17, 1978. HOUSE LOCATION SURVEY PARCEL 87A—((1))-39, 34,190 SQ. FT Tx OF STANDING IN THE NAME OF O ALICE L. GOOD w SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA -DARKEN S. FOL1Z SCALE: N/A DATE: MAY 16, 2002 No.002257 C GREENWAY ENGINEERING 151 WINDY HILL LANE l� �A Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 662-4185 SUI $1 FAX (540) 722-9528 Founded in 1971 www.greenwayeng.com JJ52 SHEET 2 OF 2