HomeMy WebLinkAbout02-05 CommentsFebruary 16, 2005
Thomas Moore Lawson, Esquire
160 Exeter Drive, Ste. 103
Winchester, VA 22603
RE: VARIANCE REQUEST #02 -05 OF HIGH VIEW ONE, LLC
Dear Mr. Lawson:
This letter is to confirm that the above referenced application was approved by the Board of
Zoning Appeals at their meeting on February 15, 2005. Your request on parcels bearing
Property Identification Numbers 60A- 2B -A -2 through 26, 28 through 30, 33 through 38; 60A-
1C-B-1 through 8, 10 through 16, 20 through 24, 27 through 35, 37 through 48; 60A- ID -B -1, 6
through 9, 13, 18 through 29; 60A- 1E -B -1 through 25 was for variances as described on the
attached Exhibits Al through A4. The property is located 7.5 miles west of Winchester in
Highview Manor Subdivision, on the northwest side of Wardensville Grade (Route 608) and
south of Glen Ridge Road, in the Back Creek Magisterial District.
If you have any questions regarding this action, please feel free to call this office.
Sincerely,
M
Mark R. Cheran
Zoning and Subdivision Administrator
MRC/bhd
clE: ALE COPY
COUNTY of FREDERICK
Department of Planning and Development
540/665 -5651
FAX: 540 /665 -6395
cc: Building Inspections
Jane Anderson, Real Estate
High View One, LLC, 9B Loudoun Street, SW, Ste. 210, Leesburg, VA 20175
107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000
LOT NO.
LEFTSIDE
LEFTSIDE
RIGHTSIDE
RIGHTSIDE
COMBINED
REAR
REAR
VARIANCE
REQUESTED
RESULTING
SETBACK
VARIANCE
REQUESTED
RESULTING
SETBACK
RESULTING SIDE
SETBACKS
VARIANCE
REQUESTED
RESULTING
SETBACK
2
13'
3T
22'
28'
35'
n/a
3
15'
35'
34'
16'
49'
n/a
4
35'
15'
11'
39'
46'
n/a
5
10'
40'
20'
30'
30'
n/a
6
10'
40'
20'
30'
30'
n/a
7
10'
40'
20'
30'
30'
n/a
8
30'
20'
10'
40'
40'
40'
10'
9
17'
33'
25'
25'
42'
25'
25'
10
12'
38'
22'
28'
34'
n/a
11
12'
38'
23'
27'
35'
n/a
12
12'
38'
23'
27'
35'
n/a
13
23'
27'
14'
36'
37'
n/a
14
20'
30'
10'
40'
30'
n/a
15
30'
20'
11'
39'
61'
25'
25'
16
10'
40'
20'
30'
30'
n/a
17
10'
40'
20'
30'
30'
n/a
18
10'
40'
20'
30'
30'
50'
50'
19
10'
40'
20'
30'
30'
50'
50'
20
10'
40'
12'
38'
22'
50'
50'
21
23'
27'
12'
38'
35'
50'
50'
22
12'
38'
23'
27'
35'
50'
50'
23
13'
37'
22'
28'
35'
50'
50'
24
13'
37'
22'
28'
35'
50'
50'
25
13'
37'
22'
28'
35'
50'
50'
26
13'
37'
22'
28'
35'
n/a
28
12'
38'
23'
27'
35'
n/a
29
12'
38'
23'
27'
35'
n/a
30
13'
37'
22'
28'
35'
n/a
33
13'
37'
22'
28'
35'
n/a
34
13'
37'
22'
28'
35'
n/a
35
13'
37'
22'
28'
35'
n/a
36
32'
18'
11'
39'
43'
n/a
38
20'
30'
10'
40'
30'
n/a
HIGH VIEW MANOR
TM 60A -2B -A
BLOCK B
EXHIB "Al"
LOT NO.
LEFTSIDE
LEFTSIDE
RIGHTSIDE
RIGHTSIDE
COMBINED
REAR
REAR
VARIANCE
REQUESTED
RESULTING
SETBACK
VARIANCE
REQUESTED
RESULTING
SETBACK
RESULTING SIDE
SETBACKS
VARIANCE
REQUESTED
RESULTING
SETBACK
1
24'
26'
13'
37'
37
25'
25'
2
13'
37
22'
28'
35'
n/a
3
13'
37'
22'
22'
28'
28'
35'
35'
n/a
n/a
4
13'
37'
5
22'
28'
13'
37'
35'
n/a
6
13'
37'
22'
28'
35'
n/a
7
13'
37'
22'
28'
35'
n/a
8
13'
37'
22'
28'
35'
n/a
10
11
12'
12'
38'
38'
23'
23'
27'
27'
35'
35'
50'
50'
50'
50'
12
13'
37'
22'
28
35'
50'
50'
13
12'
38'
23'
27
35'
50'
50'
14
13'
37'
22'
28'
35'
50'
50'
15
16
12'
13'
38'
3T
23'
2Z
27'
28'
35'
35'
n/a
n/a
20
13'
37'
22'
28'
35'
n/a
21
13'
37'
22'
28'
35'
n/a
22
13'
37'
22'
28'
35'
n/a
23
12'
38'
23'
27'
35'
n/a
24
13'
37'
22'
28'
35'
n/a
27
12'
38'
22'
28'
34'
n/a
28
17'
33'
24'
26'
41'
n/a
29
10'
40'
20'
30'
30'
50'
50'
30
10'
40'
20'
30'
30'
50'
50'
31
10'
40'
20'
30'
30'
50'
50'
32
10'
40'
20'
30'
30'
50'
50'
33
16'
34'
30'
20'
46'
50'
50'
34
12'
38'
24'
26'
36'
50'
50'
35
20'
30'
12'
38'
32'
50'
50'
37
10'
40'
20'
30'
30'
50'
50'
38
10'
40'
20'
30'
30'
50'
50'
40
10'
40'
20'
30'
30'
50'
50'
41
20'
30'
10'
40'
30'
50'
50'
42
10'
40'
20'
30'
30'
50'
50'
43
10'
40'
20'
30'
30'
50'
50'
44
10'
40'
21'
29'
31'
50'
50'
45
10'
40'
20'
30
30'
50'
50'
46
10'
40'
20'
30'
30'
50'
50'
47
10'
40'
20'
30'
30'
50'
50'
48
10'
40'
20'
30'
30'
50'
50'
1
HIGH VIEW MANOR
TM 60A -1C -B
BLOCK C
EXHIBIT "A2"
HIGH VIEW MANOR
TM 60A -1 D -B
BLOCK D
EXHIBIT "A3"
LOT NO.
1
6
7
8
9
13
18
19
20
21
22
23
24
25
26
27
28
29
LEFTSIDE
VARIANCE
REQUESTED
20'
12'
12'
12'
12'
13'
22'
12'
13'
12'
13'
12'
23'
10'
11'
22'
12'
30'
LEFTSIDE
RESULTING
SETBACK
30'
38'
38'
38'
38'
37'
28'
38'
37'
38'
37'
38'
27'
40'
39'
28'
38'
20'
RIGHTSIDE
VARIANCE
REQUESTED
39'
23'
23'
23'
23'
22'
13'
23'
22'
23'
22'
23'
12'
21'
21'
12'
23'
10'
RIGHTSIDE
RESULTING
SETBACK
21'
27'
27'
27'
27'
28'
37'
27'
28'
27'
28'
27'
38'
29'
29'
38'
27'
49'
COMBINED
RESULTING SIDE
SETBACKS
59'
35'
35'
35'
35'
35'
35'
35'
35'
35'
35'
35'
35'
31'
32'
34'
35'
40'
REAR
VARIANCE
REQUESTED
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
REAR
RESULTING
SETBACK
HIGH VIEW MANOR
TM 60A -1E -B
BLOCK E
EXHIBIT "A4"
LOT NO.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
LEFTSIDE
VARIANCE
REQUESTED
50'
12'
12'
13'
12'
13'
13'
12'
22'
13'
20'
12'
13'
13'
12'
23'
12'
19'
10'
10'
20'
12'
13'
12'
32'
LEFTSIDE
RESULTING
SETBACK
n/a
38'
38'
37'
38'
37'
37'
38'
28'
37'
30'
38'
37'
37'
38'
27'
38'
31'
40'
40'
20'
38'
37'
38'
18'
RIGHTSIDE
VARIANCE
REQUESTED
20'
23'
23'
22'
23'
22'
22'
23'
13'
22'
40'
23'
22'
22'
23'
12'
23'
21'
20'
20'
10'
22'
22'
23'
20'
RIGHTSIDE
RESULTING
SETBACK
30'
27'
27'
28'
27'
28'
28'
27'
37'
28'
10'
27'
28'
28'
27'
38'
27'
29'
30'
30'
40'
28'
28'
27'
30'
COMBINED
RESULTING SIDE
SETBACKS
30'
35'
35'
35'
35'
35'
35'
35'
35'
35'
60'
35'
35'
35'
35'
35'
35'
40'
30'
30'
30'
34'
35'
35'
52'
REAR
VARIANCE
REQUESTED
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
50'
50'
50'
50'
50'
50'
50'
REAR
RESULTING
SETBACK
50'
50'
50'
50'
50'
50'
50'
TO: Finance Department
FROM: Pam Deeter, Office Assistant II
SUBJECT: Return Of Sign Deposit
DATE: February 18, 2005
The amount of $50.00 was deposited in line item #3-010-019110-0008 for the company named
below had a deposit for one sign for a Variance #02 -05 for High View One. The company has
retumed the sign and is therefore entitled to the return of the deposit. You may pay this through
the regular bill cycle.
Please send a check in the amount of $50.00 to:
RSA/pd
RiCti
31os
COPY
MEMORANDUM
Marsh Legge Land Surveyors
560 N. Loudoun St
Winchester, VA 22601
COUNTY of FREDERICK
Department of Planning and Development
540/665 -5651
FAX: 540/665-6395
107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000
WILBUR C. HALL (1892-1972)
THOMAS V. MONAHAN (1924
SAMUEL D. ENGLE
0. LELAND MAHAN
ROBERT T. MITCHELL, JR.
JAMES A. KLENKAR
STEVEN F. JACKSON
Thomas Moore Lawson, Esquire
LAWSON and SILEK, P.L.C.
P. O. Box 2740
Winchester, VA 22604
HALL, MONAHAN, ENGLE, MAHAN MITC
A PARTNERSHIP OF PROFESSIONAL CORPORATIONS
E. 7 EAST MARKET STREET
LEESBURG, VIRGINIA
TELEPHONE 903-799 -1050
ATTORNEYS AT LAW
November 23, 2004
G EAST BOSOAWEN STREET
WINCHESTER, VIRGINIA
TELEPHONE 540662 -3200
FAX 540652 -4304
E lawyers@hallmonallancan
PLEASE REPLY TO:
FREDERICK COUNTY
PLANNING DEVELOPMENT
P. 0. Box 848
WINCHESTER, VIRGINIA 22504-0848
VIA FAX 722 -4051 U.S. MAIL
Re: High View One, LLC Variance Application/Appeal Application
Dear Ty:
This will supplement my letter to you of September 9 and October 5, 2004.
The notice of appeal filed in Chancery No. 03 -415 was a notice that that case
would be appealed to the Supreme Court of Virginia. Chancery No. 03 -415 included
an appeal to the circuit court of the BZA denial on September 30, 2003, of High View
One's variance application. For the reasons set forth in my letters of September 9 and
October 5, this was the basis for the BZA not processing another variance application
and not processing the application for appeal of the Zoning Administrator's
administrative determination.
Subsequently, you have filed a Petition for Appeal with the Supreme Court in
Chancery No. 03 -415. My review of the Petition for Appeal over this past weekend
indicates that you did not assign error to the trial court's affirming the BZA decision
of September 30, 2003. Accordingly, it now appears, pursuant to Rule 5:17(c) of the
Rules of Court, that the trial court's decision affirming the prior decision of the BZA
will not be reviewed by the Supreme Court and is final.
HALLMONAHAN, ENGLE, MAHAN• MITCHELL
Thomas Moore Lawson, Esquire
November 23, 2004
Page 2
Therefore, the BZA can now process an application for a variance and/or an
appeal application. As the Zoning Administrator previously advised you by letter
dated August 25, 2004, in order for the variance application to be complete and
acceptable for filing, the plats submitted with the application must show for each lot
the distance from each exterior wall of the sample house to the adjacent exterior lot
line.
If High View One, LLC wishes to appeal the administrative determination of
the Zoning Administrator dated August 25, 2004, it may appeal that decision within
thirty (30) days of the date of this letter by filing with the Zoning Administrator and
the Board of Zoning Appeals a notice of appeal specifying the grounds thereof, which
shall be on the Application for Appeal forms available in the Planning and
Development Department. This extended time for filing the appeal is provided in
recognition of the fact that the prior appeal application submitted was not accepted
due to the pending notice of appeal filed in Chancery No. 03 -415, as set forth in my
letter to you of October 5, 2004.
If there are any questions conceming the foregoing, please contact me.
RTM /lfw
cc: Eric R. Lawrence, AICP, Planning Director
Mark R. Cheran, Zoning Administrator
ly yours,
Robert T. Mitchell,
HAND DELIVERED
Dear Mark:
SW M /cIh
Attachment
MARSH LEGGE LAND SURVEYORS, P.L.C.
560 North Loudoun Street, Winchester, VA 22601 540- 667 -0468 Fax: 540- 667 -0469 E -mail: office @marshandlegge.com
Mr. Mark R. Cheran, Subdivision and Zoning Administrator
Frederick County Department of Planning
and Development
107 North Kent Street
Winchester, Virginia 22601
Re: High View Manor BZA Application
Frederick County, Virginia
Enclosed with this letter you will find the revised BZA application with respective revised
plats. It is the intent of this revision to the application to reduce either the left or right side
setback to not less than ten feet and to have the sum of the left and right side setback for a
given lot be not less than 30 feet. I believe that this request would provide for the necessary
flexibility in properly siting a house on individual lots. We have also shown the proposed house
types with an overall building envelope. The defined building envelope types were developed
from various types of houses that would most likely be sited in this subdivision.
It is our hope that the revised application is satisfactory to go before the Board of Zoning
Appeals at their next meeting.
I look forward to meeting with you on Friday, December 17` to review the application.
Your assistance in this matter is greatly appreciated.
E C E D V
DEC 1 6 2004
FREDERICK COUNTY
PLANNING DEVELOPMENT
December 15, 2004
Sincerely,
Scot W. Marsh, L.S.
Company:
To:
Fax Number:
Re:
Is For Your Use
R As Requested
Notes Comments
Bev,
THANKS I
Helen
C C:
Marsh and Legge Land Surveyors P.L.C.
560 North Loudoun Street, Winchester, Virginia 22601
Facsimile Transmittal Sheet 1
Department of Planning and Development
Bev
665 -6395
High View Manor Ad
From:
Date:
Time:
Phone: (540)-667-0468 Fax (540)-667-0469
Email:office@marshandlegge.com
Helen Hall
1/28/05
12:30
of pages including cover:
IJ For Review and Comment f" For Your Signature
r For Approval
Please find attached sheet 6 of 9 that was part of the revised BZA application that was
submtted to Mark Cheran on December 20, 2004.
Item No. 7 indicates the parcels that are included in the application.
I have called and left a voice message for you pertaining to this. Please let me know once
you have received this information.
Z00 /100'd LOZ# 88:31 9002/83/IO 69POL990b9i 30031 GNV HSd'VW:woad