HomeMy WebLinkAboutBZA 06-19-01 Meeting Agendaecce COPY
AGENDA
FREDERICK COUNTY BOARD OF ZONING APPEALS
The Board Room
Frederick County Administration Building
107 N. Kent Street
Winchester, Virginia
June 19, 2001
3:25 p.m. CALL TO ORDER
1) Minutes of the May 15, 2001 Meeting
PUBLIC HEARING
2) Variance Application 407-01, submitted by Glen W. Russell, for Lot 30 at Red Fox
Run, requesting a 1.1 -foot front yard and 0.4 -foot right side yard setback variance for an
attached porch. This property is located off of Front Royal Pike (Rt. 522) in the Red Fox
Run Subdivision at the end of McClure Way and is identified with Property Identification
Number 64D-8-30 in the Shawnee Magisterial District.
3) Variance Application #08-01, submitted by Glen W. Russell, for Lot 29 at Red Fox
Run, requesting a one -foot front yard and 0.6 -foot left side yard setback variance for an
attached porch. This property is located off of Front Royal Pike (Rt. 522) in the Red Fox
Run Subdivision at the end of McClure Way and is identified with Property Identification
Number 6413-8-29 in the Shawnee Magisterial District.
DISCUSSION ITEM
4) Appointment of New Member
5) 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 15, 2001.
PRESENT: James Larrick, Jr., Chairman, Gainesboro District; Theresa Catlett, Opequon District;
Dudley Rinker, Back Creek District; Gilbank Hamilton, Shawnee District and Robert
Perry, Stonewall District
STAFF
PRESENT: Eric R. Lawrence, Deputy Director; Patrick T. Davenport, Zoning Administrator;
Carol Huff, Secretary
CALL TO ORDER
The meeting was called to order by Chairman Larrick at 3:25 p.m.
MINUTES OF APRIL 17, 2001
On a motion made by Mr. Rinker and seconded by Mr. Hamilton, the minutes for the
April 17, 2001 meeting were unanimously approved.
PUBLIC HEARING
Appeal Application 906-01 by Tri -County Virginia Opportunities Industrialization Centers,
Inc. (Tri -County OIC) and Apple Country Head Start. This is an appeal of the determination
made by the office of the Zoning Administrator in the administration of the Zoning Ordinance,
pursuant to Section 165-82D, concerning the operation of a Head Start Program in an M1
(Light Industrial) Zoning District. This property is located at 444 Shady Elm Road and is
identified with Property Identification Number 63 -A -59D in the Back Creek Magisterial
District.
ACTION -APPEAL GRANTED
Mr. Patrick Davenport, Zoning Administrator, presented the background information
on the appeal application. Mr. Davenport explained that the proposed Apple Country Head Start
Program was not an allowed use in an M 1 Zoning District and by the definition as provided in the SIC
Manual. A
Dr. Ben Ellis, Director of the Tri -County Virginia O.I.C. and the Apple Country Head
Start program, came forward to explain the reasons they are requesting an appeal to allow them to
hold the Head Start program in an M1 Zoning District. He began by giving detailed background on
Frederick Co. Board of Zoning Appeals
Minutes of May 15, 2001 Minutes Book Page 111 I
the purpose and funding of the federal Head Start Program. He pointed out that there is no cost to
the localities that they serve, as Head Start is funded by the federal government. Additionally, there
is a great need in the areas that they serve and this appeal was necessary in order to meet that need.
He continued by saying that the building they are proposing to use is the same building
that previously housed the Tri -County Virginia O.I.C. Program before they lost their funding, and that
the classrooms could easily be converted for use by children in Head Start. They have been awarded
extra money in order to expand the local Head Start Program. He stated that the school system could
not provide the additional space required for this expansion and that after the existing building was
inspected by Mr. John Trenary (Frederick County Building Inspections Official), it was determined
that no Change of Use Permit was necessary.
Mrs. Catlett asked about the certification of the teachers who would be at the school,
and about whether infants would eventually be accepted into the program, thus becoming a daycare
center.
Dr. Ellis replied that the Head Start Program was for children ages three to five and
that even if they applied for licensing for children under the age of three, it was a home-based program
and would not be located at the school.
Further discussion included questions about the number of classrooms, whether there
were safety issues to consider, school bus traffic, and whether the site was zoned M1 when the O.I.C.
program first started. Mr. Rinker inquired as to whether the teachers ever worked with the parents;
Dr. Ellis replied that they actively seek to involve the parents as much as possible.
Mr. John Poux, former Executive Director of Tri -County O.I.C., was present and
offered his support of the proposed use. He stated that he did not believe the Head Start Program
would have a negative impact and approving this appeal would not have a detrimental effect on the
surrounding properties.
Mr. Davenport pointed out that it was possible that a positive return by this Board
would enable similar uses in other M 1 Zoning Districts. Chairman Larrick responded that the Virginia
Supreme Court recently ruled that decisions by Boards of Zoning Appeals had no precedential value;
although there is the need to be consistent. Each application had to be handled on a case-by-case
basis.
There was no one else present to speak for or against the appeal; therefore, the public
hearing portion of the meeting was closed.
DISCUSSION
Mr. Rinker asked staff how daycare was handled within industries in an MI Zoning
District these days; and gave the General Electric plant as an example. Mr. Lawrence replied that it
could be considered an accessory use.
Chairman Larrick commented that the Board was mindful of Mr. Davenport's
statements but his belief was that the Head Start Program was not a daycare facility.
Mr. Rinker stated that Mr. Poux put a great amount of work into establishing the Tri -
County O.I.C. Program and was sorry to see it close; however, the Head Start Program was a good
Frederick Co. Board of Zoning Appeals
Minutes of May 15, 2001 2 Minutes Book Page 1112
use of the property.
Mr. Perry moved to grant the appeal based on the determination that Apple Country
Head Start is a vocational school. Mr. Hamilton seconded the motion. The motion was approved by
unanimous vote.
BE IT RESOLVED, that the Frederick County Board of Zoning Appeals does hereby grant
Appeal Application #06-01 by Tri -County Virginia Opportunities Industrialization Centers,
Inc. (Tri -County OIC) and Apple Country Head Start, to operate a Head Start Program in an
Ml (Light Industrial) Zoning District. This determination is for the property located at 444
Shady Elm Road.
OTHER BUSINESS
Mr. Davenport presented research he had clone on having alternate members appointed
to the Board of Zoning Appeals. He told the Board that what was needed was a resolution from them
requesting that the Board of Supervisors appoint up to three alternates.
Mr. Lawrence stated that compensation would be handled in the same manner as the
current members, in that the alternates would only receive a check for meetings attended. This way,
the budget is not affected as there will always be just five members (or alternates) being compensated.
Mr. Perry made a motion to send a resolution to the Board of Supervisors requesting
appointments for up to three alternate members; Mr. Rinker seconded the motion which passed by
unanimous vote.
As there was no further business before the Board, the meeting adjourned by
unanimous consent at 4:10 p.m.
Respectfully submitted,
James Larrick, Jr., Chairman
Carol I. Huff, Secretary
Frederick Co. Board of Zoning Appeals
Minutes of May 15, 2001 Minutes Book Page 1113
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BZA REVIEW DATE: 6/19/01
VARIANCE #07-01
RED FOX RUN, LOT 30
(Glen W. Russell)
LOCATION: This lot is located at 159 McClure Way in the Red Fox Run Subdivision off of Front Royal
Pike (Rt. 522).
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBERS: 64D-8-30
PROPERTY ZONING & USE: Zoned RP (Residential Performance) District; Land use - Residential
ADJOINING PROPERTY ZONING & USE: Zoned RP (Residential Performance) District; Land use -
Residential Lots, Classified Open space and Undeveloped.
VARIANCE: The applicant is requesting a 1.1 -foot front yard and 0.4 -foot right side yard setback
variance for an attached porch.
REASON FOR VARIANCE: No reason listed.
STAFF CONCLUSION:
The Residential Performance (RP) Zoning District specifies the setback requirements for lots created within
this subdivision. The required setbacks are as follows: 35 feet front, 25 feet rear, and 10 feet for the sides.
The dwelling on this lot was recently completed and the required building permit setback report discovered
that a portion of the house (front porch) violates the setback requirements. The Frederick County Zoning
Ordinance requires that a licensed surveyor shall establish the location of a primary structure that is located
five feet or less from any minimum setback requirement. Three steps comprise the survey standards when
required. The first step requires a footing location stakeout. The second step involves the physical location
of the footers. The final step is a mid -construction survey to be completed which verifies the location of
the rough framing features. The survey of the rough framing includes verifying the location of the
foundation, all exterior walls and the roof system.
The footing location survey completed on November 6, 2000, reported that the building was in compliance
with the applicable setbacks. The mid -construction survey completed on May 8, 2001, reported that the
front porch was constructed with front yard and left side yard setback violations. The front porch was
determined to extend 1.1 feet into the front yard setback and 0.4 feet into the right -side yard setback. The
variance is being sought to alleviate the setback violations.
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 undue hardship provision is not satisfied because of the following two reasons: 1) Financial loss
(incurred by a construction modification)- standing alone can not establish hardship sufficient to justify the
granting of a variance and 2) All lots within this subdivision must comply with the RP Zoning District
setbacks. Also, no evidence exists that the present location of the house is due to unusual topographic
features, utility easements or special adjoining property uses. However, upon inspection of the subject
properly, the setback violations do not pose an obvious substantial detriment to adjacent properties and the
character of the zoning district. A temporary certificate of occupancy permit has been issued for the
dwelling.
Since two of the criteria specified in § 15.2-2309 (2) have not been met, denial of this variance would be
justified.
o:Wgendas\BZA\Staff Report\2001\RedFoxRun_Lot30.wpd
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RUSSELL, LARRY
64D 8 31
JENI COMPANY
64 A 40
RUSSELL,,, GLEN W
60 8 30
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- RUSSELL, GLEN W
64D 8 29 j JENI COMPANY
l 64D 8 29A
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RECEIVED
Page 1 of 5 APPLICATION FOR VARIANCE MAY 1 8 2001
IN THE
COUNTY OF FREDERICK, VIRGINIA DEPT. OF PLANNING/DEVELOPNIENT
1. The applicant is the.owner
2. APPLICANT:
NAME: Glen W. Russell
ADDRESS 270 Panarama Drive
Winchester, Virginia 22603
TELEPHONE: 662-7083
_— other
OCCUPANT:
NAME:
ADDRESS:
TELEPHONE:
(Check one)
(if different)
3. The property is located at (give exact directions and include
State Route numbers):
Off Route 522 (Front Royal Pike) in the Red Fox,Run Subdivision. From
Winchester proceed south on Route 522, turn left onto Grindstone Way, then
turn right onto McClure Way. The said lot is located at the end of
McClure Wav on the cul-de-sac.
4. The property has a road frontage of 52.2 feet and a% :TerP h
of 126 feet and consists of 0.3606 acres. (please be
exact)
5. The property is owned by Glen W. Russell and Pamela L. Russell, his wife
as evidenced by deed from Jeni Company recorded
as Instrument No. 000013608 (previous owner)
x =KXPgW 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: Shawnee
7. 14 -Digit Property Identification No.: 64D-8-30
a. The existing zoning of the.property is: RP
9. The existing use of the property is: Residential.
10. Adjoining Property:
USE ZONING
North Vacant RP
East Open Space RP
South Residential RP
West Residential RP
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 1.1 -foot front yard and a 0.4 -foot right side yard variance for
,an attached porch. Existing porch does not encroach into storm or
sanitary sewer easements.
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
13. Additional comments, if any
page 3 of S
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 notifd by mail of this application:
NAME Larry A. Russell, et ux Address 338 Dehalren Dr, ve
Clearbrook, VA 22624
Property ID# 64D-8-31
NAME Glen W. Russell, et ux
Property ID# 64D-8-29
NAME Glen W. Russell, et ux
Property ID# 64D-8-28
Address 270 Panarama Drive
Winchester, -VA 22603
Address 270 Panarama Drive
Winchester, VA 22603
NAME Jeni Company Address P. 0. Box 888
Winchester, VA 22604
Property ID# 64-A-40
Property ID#
NAME
Property ID#
NAME
Property ID#
NAME
Property ID# _
NAME
Property ID# _
NAME
Property ID#
Address
Address
Address
Address
Address
Address
Page S of S
AGREEMENT
VARIANCE # - Of
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 DATE 5-1&-6
(if other than applicant)
-OFFICE USE ONLY-
BZA PUBLIC HEARING OF L44j, M, ZOILACTION:
DAI'9--
APPROVAL SIGNED:
BZA CHAIRMAN
DENIAL. DATE:_ �-- /?— r D ,1
�T l 'EFCSA 20' SAN. SEWER ESM'T
fill LOT 29
CONC 10' SHEN. GAS
SIDEWALK CO. ESM'T
FLOOD NOTE -.-
ZONE- C
COMMUNITY NO.:
PANEL: 0115 B
DATE- 07-17-73
OQ�C\
510063 GRAPHIC SCALE
30 15 0 30
1 INCH = 30 FEET
1. NO TITLE REPORT FURNISHED.
2 PROPERTY IDENTIFICATION NO. 64D-8-30.
J. EASEMENTS MAY EXIST THAT ARE NOT SHOWN
ON THIS PLAT.
4. IRF — IRON ROD FOUND
SMH — SANITARY SEWER MANHOLE
FH — FIRE HYDRANT ASSEMBLY
WV — WATER VALVE
5. THIS LOT IS SUBJECT TO A 25' SLOPE, DRAINAGE &
UTILITY EASEMENT ALONG McCLURE WAY AND A
10' U71LITY & DRAINAGE EASEMENT ALONG ALL
PROPERTY LINES
SURVEYOR'S CERTIFICATE
I HEREBY CERTIFY THAT THE INFORMATION SHOWN ON
THIS PLAT IS BASED ON AN ACTUAL FIELD SURVEY MADE
UNDER MY SUPERVISION ON MAY 8, 2001 AND THAT
TO THE BEST OF MY KNOWLEDGE AND BELIEF THERE ARE
NO ENCROACHMENTS OR VISIBLE EASEMENTS UNLESS SHC
BU/LD/NG LOCA77ON SURREY
LOT 3O
RED FOX RUN
159 MCCLURE WAY
SHAWNEE MAGWER/AL DISTRICT
fR®ER/CK COUNTY, WRG/NM
I DATE.• 18 MAY 2001 1 SCALE- 1 "=30' I SHEET 1 OF 1
Marsh & Legge Land Surveyors, P.L.0
560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601
PHONE (540) 667-0466 - FAX (540) 667-0469 — office®marshandlegge.com
LTH OF 1' ��
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Douglas C. Legge
No. 001197
�A.ND SUR`16
DRAWN BY: HH
DWG N_�: !02786
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County of Frederic;
Setback Report
PEiMi T NUMBER:
0002264
VA E2601
L�.TaCF vi �r•?iy n=Ci _ _..._________.,.__..
iJv8111:
56.57 FLOODPLAIN:
SUB-DTVTSi-iON: RED FOX RUN
R1GHt . 12' L: t i .
T'ATE:
II/%:Z410Ei V!.
CNTR FRTSE.
RICHT-CF- SAY:
S SSUANZE DA TIE i
.a.a ♦a�-iA 14S'—a
Take Route 5722 Louth to Red Fox Run ng,ar ,;ve`s
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RUSSELL, GLEN W.
JW .ER
E;U S'anarara Drive
159 McClure Wav
- T ! n} �^
ride n L.SE CODE: Single - ��n , Dwelling
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Winchast2r, VA 22603
RedFem Run, 60
5e'back Report
/Lot
Winc'i2st-er, VA 226021
MIN. SC{iACK
FRONT 251 BACK
J /
HOWNE: 554066270,63
LEFT 10'
rJL j�i� e
i:_ C'1'1Pi IQN OF CONSTRUCTION f OCAT TON
X MIAP Ni.. 6"4D 8 1
30 LS : ��BLOCK -
vEH'T AT ON; fiiltmi iMEJ}�}n
]•tr.
Z=T—:-�r:
77,�
HEALTH PERMIT 1 ..
L�.TaCF vi �r•?iy n=Ci _ _..._________.,.__..
FRO -NT: 403 ?ACK:
56.57 FLOODPLAIN:
SUB-DTVTSi-iON: RED FOX RUN
R1GHt . 12' L: t i .
23.9 AREA: auffllcr
ZON;:. R2sidentl ial P'et e
- i oI�1F,a[iC_
CNTR FRTSE.
RICHT-CF- SAY:
S/E CUP NO.: SITE FLAB,:
DIRECT11011:3 TO SITE.
Take Route 5722 Louth to Red Fox Run ng,ar ,;ve`s
Ocean Cove
IIAS,ER PLAN Ni KHR 99-16
Map Bsok Rage 221, Grid B-3
-�r� t`u � nn se
USE +GRO Use Group
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5e'back Report
MIN. SC{iACK
FRONT 251 BACK
25' RIGHT 1401
LEFT 10'
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I SURVEYOR INFORMATION
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51
REQUIRED S i u jA7UR-3
3q�
6
County of Frederick.
Winc`ester VA 22601
reaakti�cRevart PED iIFNUMBER; 0012264 2000
.S3.ff
: 13P8
AC;Dt .! - r CIA—! t j Inn 10 0 f!
RENEWAL DAT-,
,ii. R -N- :n /�I;'iit ESS SIT -2 ADD�;Lti5 CC�, C 0.r1 ;�'t A t;,,'r;t`-S.S
Orli �ij hi .. :., .r. �.! 1.T r.�
'!UII(( :7�_J !i1. GLEN W. t j 11 .t Jx:�4EiS
� 0 1 n.arama D Ive SJ� I�!LWlitr a Way
inCh25t2i', VA 226.013 Red Fox Run, Lot 30
Winchester, VA 22602
:�=GNE:54G6W27{783 PHONE:
DESCRIPTION IlF i;P;N57R>wCTIOi`1 LOCA IIOiu
,'AX MAP it . 64D 8 1 30 LOT. 30 BLOCK: SECTION: BLDG NO.:
--------------------- -----------------------------------------------------------------------------------------------
HEALTI PERM i■iL�.: JISTi duT: 5 'r.i SF
FRONT: 40' BACK: 36.5 FLOODPLAIN: SUB -DIVISION: RED FC RUN
RIGHT; 12' LETT: 23.8 AREA: Bufflick ZONE- Residential Performance
CNTR FRTGE - RIGHT-OF--W.AY: S/E CUP NO.: c:.TS PL N-.
DIREC'TIONS TO S:IE: Take Routs 522 South to Red Fox Run near .Foe's
ocean Cove
MASTER PLA' NUMBER 9? -16
Man Book Page 221, Grid B-3
3r GRsa;P: Use Croup "R" IR-2s1fd=r.tial USE CODE: Single Family Dwelling - 3Q i',^ -T;
ST . TYPE : New :NAT URE AWRK:
---------------------------------------------------------------------------------------------------------------
Setback Report
MIN. SETBACK FRONT 35' * BAC: 25' # RIGHT 10'
LEFT 10' # #
�• 3
yt.
JOB VALUE:
----------------------------------------------------------------------
PEMMI T FEE: ! SURVEYOR INFORMATION
i NAME ol4946� FRONT : 33: r BHC ,: 3� , E)
i DATE OF SURVEY: 6-0,0 1 RIGi i : 9,6 r L T: Zq SEAL
O L
TOTAL rico: _
i-----------------------------^- ---------J - -- �r
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REQUIRED
ry NA L; 97
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BZA REVIEW DATE: 6/19/01
VARIANCE #08-01
RED FOX RUN, LOT 29
(Glen W. Russell)
LOCATION: This lot is located at 158 McClure Way in the Red Fox Run Subdivision off of Front Royal
Pike (Rt. 522).
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBERS: 64D-8-29
PROPERTY ZONING & USE: Zoned RP (Residential Performance) District; Land use - Residential
ADJOINING PROPERTY ZONING & USE: Zoned RP (Residential Performance) District Zoned RA
(Rural Areas); Uses: Residential Lots and Classified Open Space.
VARIANCE: The applicant is requesting a one -foot front yard and 0.6 -foot left side yard setback variance
for an attached porch.
REASON FOR VARIANCE: No reason listed.
STAFF CONCLUSION:
The Residential Performance (RP) Zoning District specifies the setback requirements for lots created within
this subdivision. The required setbacks are as follows: 35 feet front, 25 feet rear, and 10 feet for the sides.
The dwelling on this lot was recently completed and the required building permit setback report discovered
that a portion of the house (front porch) violates the setback requirements. The Frederick County Zoning
Ordinance requires that a licensed surveyor shall establish the location of a primary structure that is located
five feet or less from any minimum setback requirement. Three steps comprise the survey standards when
required. The first step requires a footing location stakeout. The second step involves the physical location
of the footers. The final step is a mid -construction survey to be completed which verifies the location of
the rough framing features. The survey of the rough framing includes verifying the location of the
foundation, all exterior walls and the roof system.
The footing location survey completed on November 11, 2000, reported that the building was in compliance
with the applicable setbacks. The mid -construction survey completed on May 16, 2001, reported that the
front porch was constructed with front yard and left side yard setback violations. The front porch was
determined to extend one foot into the front yard setback and 0.6 feet into the left- side yard setback. The
variance is being sought to alleviate the setback violations.
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 undue hardship provision is not satisfied because of the following two reasons: 1) Financial loss
(incurred by a construction modification) standing alone cannot establish hardship sufficient to justify the
granting of a variance and 2) All lots within this subdivision must comply with the RP Zoning District
setbacks. Also, no evidence exists that the present location of the house is due to unusual topographic
features, utility easements or special adjoining property uses. However, upon inspection of the subject
property, the setback violations do not pose an obvious substantial detriment to adjacent properties and the
character of the zoning district. A temporary certificate of occupancy permit has been issued for the
dwelling.
Since two of the criteria specified in § 15.2-2309 (2) have not been met, denial of this variance would be
justified.
O-\Agendw\BZA\Staff Report\2001\RedFoxR —Lot29.wpd
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VAR#08-01
Location Map For:
Red Fox Run
Lot 29
PIN:
-8-29
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Office of Mapping and GIS, 06/01, Agray
t A
RECEIVED
Page 1 of 5 APPLICATION FOR VARIANCE MAY 1 8 2001
IN THE
COUNTY OF FREDERICK, VIRGINIA DEPT. OF PLAMING(DEVELOPMENT
1. The applicant -is the owner X other (Check one)
2. APPLICANT: OCCUPANT: (if different)
NAME: Glen W. Russell NAME:
ADDRESS 270 Panarama Drive ADDRESS:
Winchester, Virginia -22603
TELEPHONE: 662-7083 TELEPHONE:
3. The property is located at (give exact directions and include
State Route numbers):
Off Route 522 (Front Royal Pike) in the Red Fox.Run Subdivision. From
Winchester proceed south on Route 522, turn left onto Grindstone Way, then
turn right onto McClure Way. The said lot is located at the end of
McClure Way on the cul-de-sac.
4. The property has a road frontage of 58.2 feet and a�vcTep S
of 144 feet and consists of 0.3597 acres. (please be
exact)
5. The property is owned by Glen W. Russell and Pamela L. Russell, his wife
as evidenced by deed from Jeni Company recorded
as Instrument No. 000013608 (previous owner)
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: Shawnee
7. 14 -Digit Property Identification No.: 64D-8-29
8. The existing zoning of the.property is: RP
9. The existing use of the property is: Residential
10. Adjoining Property:
USE
North
Vacant
East
Open Space
South
Residential
West
Residential
RP
RP
RP
RP
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 1.0 -foot front yard and a 0.6 -foot left side yard variance for
an attached porch. Existing orch does not encroach into storm
or sanitary sewer easements.
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
13. Additional comments, if any
page 3 d 5
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 notifd by mail of this application_
NAME Glen W. Russell, et ux Address 270 Panarama Drive
Winchester,
Property ID#
64D-8-30
NAME Glen W. Russell, et ux
Address
270 Panarama Drive
Winchester, VA 42603
Property ID#
64D-8-28
NAME Jeri
Company
Address
P. 0. Box 888
inc ester,
Property ID#
64-A-40
NAME
Address
Property ID#
NAME
Address
Property ID#
NAME
Address
Property ID#
NAME
Address
Property ID#
NAME Address
Property ID#
NAME Address
Property ID#
NAME Address
Property IN
Page 5 of 5
AGREEMENT
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
�Ir
SIGNATURE OF OWNER 41g, DATE
(if other than applicant)
-OFFICE USE ONLY-
BZA PUBLIC HEARING OF O ACTION:
- DATE -
APPROVAL
DENIAL
SIGNED:
0 0 M, 11MU141►`I
DATE: L 0- G I
County o�' Frederic{
Winchasuer A 22601
LIL4ti AG ENT; i
Javi'tEr; N'rM>_fAll3.iRfraS
RUSSELL,
:.uL, uLEN W.
E70 Pararama Drive
Win-chester, VA 22603
n r c� �-
S �bac�i R2uort
SITE ADDRESS
1 S MCClure Way
Red For. Run, Lot 29
Wi hey ?r, VA 22602
PERMITNUMBER: 0002226 - 2000
USBC: 1996
APPLICATION DATE. 11/Gt;3/2f;i u .
ISSUANCE FATE:
RENEWAL DATE:
DATE: I1/13/200
CONTRACTOR NAME/ADDRESS
ESS
OWNER
PHONE: 5406,627083
DECO IPTION OF CONSTRUCTION LOCATION
T *�
I A/ rHr, mu.: b,+D 8 1
-------------------------------------------------------------------------------------------------------------------
c9 LOT; 29 BLOCK:
SECTION:
BLDG NO. :
SE T -BACKS:
HEALTH PEMIT NO.:
DISTRICT: SHA NE v
FRONT: 44' BACK:
45.9 FLOODPLATN:
SUB -DIVISION: RSB
FOSS RLn1
RIGHT: 48.9 LEFT:
14' AREA. Buffiick
ZONE: Residential*
Performance
C111 TR : FRT 6E:
RlG T -OF -WA`; :
5/E CUP NO...
SITE PLAN,
DIRECTIONS TO SITE:
Take Rout: 522 South to Feed Fox Run near Joe's
Ocean Cove
MASTER ER PLAT; INUMBER 99-15
MaN Book Paye 221, Grid B-3
USE GROUP; Use Group ",,9" Residential LSE COBE: Single Faimily Dwelling
SQ FEET;
CWST.T';P E; New
NA';URE/WRQ;;
i� i ((�� �}
Setback Report
---------------------------------------
MiN. . SE l -B--`,.Cid
# FRONT 3,l*'BACt, � r t sE G5,
RIGHT 10'
LEFT 10'
#
JOB ,i -
;-------------------------------
PE I T rEE: f SU"nV=`(LR i, FO, IJiV
i
I DATE OF SURVEY:
i
TOTAL FEES:
f -------------------------------
REQUIRED SIONATURES
FRONT: 3'/, to ° BACK; qSl 7 °
RIGrT:yiY,,7'LEFT; 9,y- SEAL
Tia OF
((//��q���� A7A7 r•,'y /11'.1 £y 1J P..;•..(j .yl*
�} 3J
No. �•i.) i �i :1
SU
7� 4
U
County of Frederick
:iinc~ester VA 22601
LIEN AGENT:
I'3L NJANE ADDS Sv
USSELL, GLEN W.
270 Panarama Drive
Jin+crestar, , VA 22603
Setback: Reoort
SITE ADDRESS
I5S McClure Way
Red Fox Run, Lot 29
Winchester, VA 22602
PERMIT NUMBER: 000E226 - 200
LJ J0
L'S -PC: 19%
'PPL-' CATION DATE: I1 /09/20010
ISSUANCE i1,N E DATE:
DAT C:
DATE: 1: /413/201010
CONTRACTOR +'-SANE/ADDRESS
G!+iNE.R
'HONE: 5406627083
PHONE:
DESCRIPTION OF CDN:STRUCTTGN LOCATION
"At MAP NO.: 64D 8 I
F LOT: 2? BLOCK;
SECTION-
BLDG No.
,ET -BACKS-
HEALTH PERMIT NO.:
DISTRICT: SHAivNE'-
FRONJT: 40' BACK:
45.9 FLOODPLAIN;
SUB"-DIVISILONJ: RED
FOX RUN
RIL'r,T: 48.9 LEFT:
10' AREA: Bufflick
ZONE: Residential
Performance*
CNITR FRTGE:
RIGHT-OF-WAY:
S/E CUP NO.:
SITE PLAN:
DIRECTIONNS TO SITE:
Take Route 522 South to Red Fox Run near Joe's
Ocean Cove
MASTER PLAN i% --FIBER 99-I5
Map Book Page 221, Grid B-3
E GROUP. Use Group "R"
Residential USE CODE. Single Family Dwelling
EQ FEET:
ST.TYFE: New NATURE/WRK.-
Setback Report
MIN. SETBACK * FRONT 35' * BA -r -K 2 R GHT Iia'
LEFT IO' * #
� � x
JOB VALUE.
1---------- —------ -------------------------------------------------
PE,RMIT FEE: i 51_IRUEYOR INFORMATION
1
I N1AME: A9SW 4-L�CrG-(� FRONT: 0'BACK:
I DATE. OF SLRVEY: i 1 -lo --00 RIGHT: ys,g' LE,--, //,f� SEAL
I
TOTAL FEES
I------------------------------------
REDLiIRED SIGNATURES a, �:.,,,,a.