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Home My WebLink About03-05 ApplicationADJOINING PROPERTY ZONING USE: APPEAL APPLICATION #03 -05 ROY R. BEATTY AND PATRICIA G. BEATTY Staff Report for the Board of Zoning Appeals Prepared: February 28, 2005 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Board of Zoning Appeals to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. BOARD OF ZONING APPEALS HEARING DATE: March 15, 2005 LOCATION: The property is located in Deer Ridge Estates; from Route 50 West, left onto Route 614, left onto Route 612 and approximately one half mile on the left. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER(S): 59 -A -34 PROPERTY ZONING USE: Zone: RA (Rural Areas) District Land Use: Residential Zone: North: RA (Rural Areas) Land Use: Residential Zone: West: RA (Rural Areas) Land Use: Residential Zone: South: RA (Rural Areas) Land Use: Residential Zone: East: RA (Rural Areas) Land Use: Residential APPEAL: To appeal the decision of the Zoning Administrator in the administration of the Zoning Ordinance pertaining to Section 165 -54 D (c), changes to the rural preservation tract. REASON FOR APPEAL: Applicant is appealing the decision of' the Zoning Administrator pertaining to changes to the rural preservation tract. Appeal Application #03 -05, Roy R. Beatty and Patricia G. Beatty February 28, 2005 Page 2 STAFF COMMENTS: The rural preservation subdivision known as Deer Ridge Estates was approved by Frederick County on August 9, 2002. This subdivision was created under Section 165- 54 of the Frederick County Zoning Ordinance. Section 165 -54 allows lot sizes ofno less than two (2) acres, with the exception of 40% as a rural preservation tract. The tract must stay intact and has only one building right. The recorded plat for this rural preservation subdivision shows 46 acres being the preservation tract. This plat was recorded August 12, 2002, with the statement that the tract cannot be subdivided. STAFF CONCLUSIONS FOR THE MARCH 15, 2005 MEETING: Staff is requesting to affirm the decision of the Zoning Administrator in the administration of the Frederick County Zoning Ordinance, Section (s) 165 -54 D (c) that the tract known as the rural preservation cannot be changed in any way with regards to the recorded plat of record. A 34C EREK RE BLUE RI[ .t` '34• AEVELO 14N4 tAG BUDZYNS I, HENRYA& BLUE .1f■ 59A'23B L, ALLEN B &JULIE G NVTTS' 9 A 29 N O GEORGE D .8B M &AJB EY A P T OL Feet 49 A 23 ZEaA TH, STEPH r 250 500 1,000 Appeal 03.05 Roy and Patricia Beatty 59 A 34 ti 59 A' 32 V BiATTY, ROY R PATRICIA G s ,per 7 c 7 c, 101751n A Appeal 03 05 Roy and Patricia Beatty 59 A 34 250 500 Feet L000 Winchester, VA 22602 approximately 1/2 mile on Left. 5. Property Identification No.: Tax Map No. 59 -A -34 APPLICATION FOR APPEAL IN THE COUNTY OF FREDERICK, VIRGINIA TELEPHONE: 877 -3338 TELEPHONE: Route 50 West, Left onto 614, Left onto 612 and 4. Magisterial District: Back Creek Magisterial District MUST BE TYPED OR FILLED OUT IN INK PLEASE PRINT 1. The applicant is the owner X other (Check one) 2. APPLICANT: OCCUPANT: (if different Roy R. Beatty NAME: Patricia G. Beatty NAME: ADDRESS 244 Crossing Path Lane ADDRESS: 3. The property is located at (give exact directions and include State Route numbers): See letter attached 11. Additional comments, if any: Rural Agricultural 6. The existing zoning of the property is: 7. The existing use of the property is: 8. Adjoining Property: USE ZONING Residential North Residential RA East Residential RA South Residential RA West Residential RA 9. Describe the decision being appealed. (Attach a copy of the written decision.) See attached copy 10. Describe the basis of the appeal, indicating your reason(s) for disagreeing with the decision. (This may be provided on separate sheet.) Derek and Rebecca Oliver Address 600 Fishel Road, Winchester, VA 22602 Property ID 59 34C Charleen Hendrick Address 578 Fishel Road, Winchester, VA 22602 Property ID 59 A 34 Blue Ridge Development, LLC Address 360 Clearview Drive, Clearbrook, VA 22624 Property lD 59- A -34E, F, H and I Henry and Rosemary Budzynski Address 502 Fishel Road, Winchester, VA 22602 Property ID 59 -A -34 Theresa Sue Sousa Trust Addres 1415 Springvale Ave., McLean, VA 22101 Property ID 59 35 Charles E. Will Address p.0. Box 33, Clearbrook, VA 22624 Property ID 59 38 Trevor S. Johnson Amy L. Johnson Addres 497 Back Mountain Rd., Winchester, VA 22602 Property ID 60 -A -1 Stephen Zebarth Address 110. West Cork St.,- Winchester, VA 22601 Property ID 59-4-31 Greg R. Beatty Serena Beatty Address 225 Crossing Path Ln., Winchester, VA 22602 Property ID 59 34A Susan M. Beatty Address 206 Crossing Path Ln., Winchester, VA 22602 Property ID 59 34B James A. and Misty A. Miller Address 100 Inca Trail, Winchester, VA 22602 Property ID 60A 1C 13 12. The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the appeal 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: (Please list Property Identification Number.) NAME (if other than applicant) I (we), the undersigned, do hereby respectfully petition the Frederick County Board of Zoning Appeals (BZA) to overrule the administrative interpretation of the County Zoning Ordinance as described herein. I agree to comply with any conditions 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 hereby certify that all of the statements and information contained herein are, to the best of my knowledge, true. APPEAL OVERRULED File. 0 \Land Use Appli:rtiono'Application Forms \APPEAL Revised AGREEMENT APPEAL# 03 b5 SIGNATURE OF APPLICANT L DATE z6 -D SIGNATURE OF OWNER /�-.4 4. DATE 7 243 OS OFFICE USE ONLY- BZA PUBLIC HEARING OF 3/570 5 ACTION: DA APPEAL SUSTAINED SIGNS 1 Lebt BZA CHAI DATE: /LC I o,C X13364 OWNERS CERTIFICATE THE ABOVE AND FOREGOING SUBDMSION OF A PORTION OF THE LAND OF ROY R. BE4TTY PATRICIA G. IN ACCORDANCE W?HH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES IF ANY. COMMONWEALTH OF VIRGINIA CITY COUN 1F F {Pct'WiC�L TO WIT: THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS C1 DAY OF Al n+ 20a BY Rt7 R and Pahvi cia. G. A 44 y NOTARY PUBLIC MY COMMISSION EXPIRES Fe 7q 2a24 SURVEYOR'S CERTIFICATE HEREBY CERTIFY THAT TIE LAND CONTAINED IN THIS M SUBDMSION IS A PORTION OF THE LAND CONVEYED TO ROY R. BEATTY PATRICIA G, 'TTY DEED TE• APRIL 11, 2002 RECORDED IN IHE FREDERICK COUNTY CIRCUIT COURT CLER 'S OFfIC= A5 1 •'D •0Q6195. P RENT TAX PARCFI IDENTIFICATION ROY R. BEATTY Be TM 59 -34 55 1740 ACRES ZONE: RA USE. VACANT PATRICIA G. BEATTY cab. Ar. .7 T OFnTRANSPO "T '''•N ADMINISTRATOR APPROV ALS: VIRGINIA DEP FREDER/'f OUNTY UBDIVIS'N 404 at._ FREDERICK CO TY EALTH DEPARTMENT GREENWAY ENGINEERING 161 A1NDY HD.L LANE WINCHESTER, VA. 22602 TELEPHONE: (640) 882-41136 FAX: (640 722 -9628 www.g•enweyeng.com Engineers Surveyors Founded in /971 FINAL PLAT FOR RURAL PRESERVATION SUBDIVISION DEER RIDGE ESTATES BACK CREEK MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA JULY 18, 2002 !E DATE 0/ DATE 7-$0 o Z. DATE 3315 SHEET 1 OF 9 S LOT 11 7 SCALE: 1 400' 400 Engineers Surveyors Founded in 1971 0 g ManZlIMI'W a 3.A.45014.101- GRAPHIC SCALE' (IN ttI) 7M 59-(09L-31 JOHN N. WEIMVEY 08. BARBARA 352 PGN� ZONE RA USE: AGRI. LOT 3 B ,k Q TM 59- ((A))-344 GREG R. BEATTY SERENA B. BEATTY INST. /020011376 ZONED: USE: RESID. SUSAN 46421- BEA7TY !HST. 1020011377 ZON£D:RA USE: RES10. n i �P�� /9V I 7AI 59- ((A)) -34 I RURAL PRES£RVA77ON PARENT TRACT J 48.7452 ACRES 3l NO FURTHER DMSION OF 7N I. A 4[ t' TRACT IS ALLOWED PER 165 -540 N. "�V Y /OF THE FRED. CO. ZONING ORDINANCE q- a/ ry/ E I O N 0 DRA/NFRELD %1 y SITE f 1 50' BRL g 0 1,„ 1 I i e 400 /RF 1 e e FOR O R OF ES SHEET 7 •0 .ry R A? y p 4 ay I 1 it hi o ff Y o 4 2 1 h6 fi LOT 2 �S• LOT 7 ROUre ;rag R4 7/.1 59-(641)-24 HEREBY VACATED 711 59- ((A)) -33 ROY R. BE4TTY PATRICIA G. BEATTY INST. 020006195 ZONE: RA USE: VACANT sroNE FD. 1827E SEE SHEET 8 9 FOR LINE DATA, CURVE DATA, LEGEND AND NOTES FINAL PLAT FOR RURAL PRESERVATION SUBDIVISION DEER RIDGE ESTATES BACK CRIED( NAC/7ER14L DLSIRICT, FHEDFRIQ( COUN7Y. NRGNI DATE: JULY 18, 2002 GREENWAY ENGINEERING 161 NRWDY 1H1L LOTS VINCHESTEL VA. 22602 TELEPHONE: (640) 862 -4185 TA% (640) 722 -9525 nnn.greanwayeng•aom 20" WH/7E OAK TREE 711 59-W -38 CHARLES Z. WILLIAMS D8. 571 PC. 590 ZONE: RA use AGRI. TM 59- ((A)) -35 H.G. MALONE DB. 482 PG. 117 ZONE M USE RESID. (THERESA SUE SOUSA) 3315 SHEET 2 OF 9 100 e s s 1 >u SCALE: 1 100' Founded in 1971 0 mot GRAPHIC SCALE (IN FEET) i 0 Engineers Surveyors m 100 TM 59- (A) -31 JOHN H WHITNEY d! BARBARA L WHITNEY DB. 352 PG. 443 ZONED: RA USE: AGR!. E N 2 t. t 9 39 LOT 1 2.0174 ACRES 0.2551 ACRES HEREBY DEDICATED TO THE COMMONWEALTH OF VIRGINIA FOR FUTURE ROOD WIDENING DF2 40 PROPOSED 5 SUE DRAINFIEl y s 8.B' 5' FINAL PLAT FOR RURAL PRESERVA770N SUBDMSION DEER RIDGE ESTATES 94CK CREEK MAGISTERIAL Di57RICT, FREDERICK MINTY,, NRCINM LOT 2 2,1055 ACRES NSZI SEE SHEET 8 9 FOR UNE ROTA, CURVE DATA, LEGEND AND NOTES. DATE: JULY 18, 2002 GREENWAY ENGINEERING l81 WINDY fli.L LANE AINCH63188, VA. 22802 TELEPHONE: (540) 882 -4185 FAX: (540) 722 -9528 www.greenwayeng.eom NOTE: SEE SHEET 7 FOR LOT 1 GRAINFIELD EASEMENT. o 0 CJ RURAL PRESERVATION PARENT TRACT R4/N,9 'EP 0 LOT J SEE SHEET 2 SEE SHEET 4 DARREN S. FOLTZ No.002257 3315 SHEET 3 OF 9 100 0 GRAPHIC SCALE o (IN FEET) 4 Gyo F LOT 2 4 SEE SHEET 3 47. 100 LOT 3 2.1254 ACRES P 41.5' 0 `O k: c, PROPOSED 0 PROPOSED y S NFl£LD/ N SUE Nf1EL0 s p ro LOT 4 s• N. 449 ACRES 52.05' 2.0 ORAINFl£LD EASEMENT N f tor 5 co 0.2551 ACRES HEREBY DEDICATED TO THE COMMONWEALTH OF VIRGINIA FOR FUTURE ROOD WIDENING to RURAL PRESERVATION PARENT TRACT SEE SHEET 2 02 0 0 0 I ti SEE SHEET 5 7 NOTF SEE SHEET 8 9 FOR LINE DATA, CURVE DATA, LEGEND AND NODES. PRNAL PLAT FOR RURAL. PRESERVATION SUBDMS /ON DEER RIDGE ESTATES BACK CREEK MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRCINW SCALE: I" 100' DATE: JULY 18, 2002 GREENWAY ENGINEERING 151 MINDY TOLL LANE W87CHESfER, VA. 22802 TELEPHONE: (640) 882 -4186 PAX: (640) 722 -6626 www.reemroyeng•oom J315 SHEET 4 OF 9 100 0 100 NOTE: SEE SHEET 7 FOR LOT 5 �MIN DRAINFIELD EASEMENT. GRAPHIC SCALE ON FEET) c� 0 VERHEAD c,1 UTILITY LINE eoa. Ronal ORAINH E T E off SEE SN 7M 59 —((A)) -344 ZONE: R4 USE: REED. z4 Tf a�. F 0.2551 ACRES HEREBY DEDICATED 70 THE COMMONWEALTH OF VIRGINIA FOR FUTURE ROOD WIDENING IM 59 —((A)) -348 ZONE. M USE.: REND, ace? 5� 5,/ 9 5 4 f 1 15' UTILITY EASEMENT _MME SEE SHEET 8 9 FOR LINE CAM CURVE MITA, LEGEND AND NOTES. LOT 7 SEE SHEET 6 f7A14L PLAT FOR RURAL PRESERVA770N SUBDMS 10N DEER RIDGE ESTATES BACK CREEK MAGTSTERNL DISTRICT, FREDERICK COUNTY, NRCYN14 SCALE: 1' 100' Engineers Surveyors Pounded S 1871 DATE: JULY 18, 2002 GREENWAY ENGINEERING 151 WINDY HILL LANE WINCHESTER, VA. 22602 TELEPHONE: (540) 662-4185 FAX: (540) 722 -9628 www.greenweyeng.com 3315 SHEET 5 OF 9 5' LOT 8 SEE SHEET 5 oN s 2 0.2551 ACRES HEREBY DEDICATED 70 7HE cOmMONWEALmH OF VIRGINIA FOR FUTURE ROAD WIDENING 7X4 59 -((A)) -348 ZONE: R4 USE RESID. 1RF LOT 7 4.0038 ACRES 5 100 MEI SEE SHEET 8 9 FOR LINE DATA, CURVE DATA LEGEND AND NOTES FINAL PLAT FOR RURAL PRESERVATION SUBDIVISION DEER RIDGE ESTATES BACK CREEK 144GlSIEP14L D67R1CT, TRWF KX COUNTY, VIRGINIA SCALE: 1 100' I DATE: JULY 18, 2002 GREENWAY ENGINEERING 161 WINDY HILL LANE Engineers WINCHESTER, Y1. 22602 Surveyors TELEPHONE (640) 882 -4196 FAX: (640) 722 -8628 Founded in 1971 vww.praea mTentl.nom 0 GRAPHIC SCALE (IN FEET) o 711 59 /(A)) -35 THERESA SUE SOUS4 DB. 482 pa 117 ZONE.' R4 USE.' RE570. O O O 100 RURAL PRESERVATION PARENT TRACT SEE SHEET 2 3315 SHEET 6 OF 9 SCALE: Founded in 150 0 150 P7NAL PLAT FOR RURAL PRESERVA770N SUBDMSION DEER RIDGE ESTATES BACK CREEK M4CISIER 4L 0157RICT, FREDERICK COUNTY, NRCWl4 1 150' Engineers Surveyors 1971 GRAPHIC SCALE (IN FEET) SEE SHEET 2 PROPOSED ORAINI7E7_0 N 38•51'57' W EASEMENT 29.16' 3 N 54'44'32' E LOT 1 86.46' f' 32 f n!" S 49'08'28 E SEE SHEET 3 V B ?3 k' j 109.43' 26 5724'36" W 7 LOT 2 N 52'32'35" W 32.08' LOT 5 SEE SHEET 5 DATE: JULY 18 2002 GREENWAY ENGINEERING 161 WINDY HILL UNE WINCHE9TEH. VA. 22602 TELEPHONE: (640) 882 -4186 SAX: (640) 722 -9626 www.greenwnyeng.com 101.60' N 53'01'49' W A 18'39'43' E 106.58' 100.02' LOT 3 131.}5' 1 7373.5 0 W OF 5 .50' N 786'49' E LOT 4 OT 6 5 68'33'12' W 131.02' PROPOSED ORAINFlELD EASEMENT LOT 5 3315 SHEET 7 OF 9 0 0 0 CURVE BEARING DISTANCE CHORD LENGTH NN2'1 BEARING DELTA ANGLE Cl 55 00 550..000 60.84' 214.59' N 255'12'36 W W 22'22'29'55" L4 550.00' 90.73' Al 41'1126 W 0927'44" C3 692.27 98.61 98.53 N 50'00 09 W 08'09 43 C4 692.27' 110.67 11 88.78' 09'09'34" N 69'27 16 E 951.36 130.15 130.05 N 59'19 26 W 0750 18 N 172240" W 951.36' 279.70' 278.70' N 46'5655" W 16'50'43' 5 59'56'51" W 946.36' 407.70' 404.55' N 50'5404" W 24'41'01" C8 697.27 210.79 209.99 N 54'34 56 W 1719 17 C9 314.43' 175.40' 173.13' N 29'5628" W 31'5739 LINE BEARING DISTANCE L 1 S 53'46'43' W 73.93' 1.2 S 53'3756' W 60.84' L3 S 35'55'00' W 60.00' L4 S 5732'35" E 72.54' L5 S 35'5500" W 60.77' L6 S 36'4526 E 61.26' L7 S 575649" W 65. 96.24' L8 N 6.714'35' W L9 S 5708'02' E 88.78' L10 N 69'27 16 E 5.03' L11 S 5758'09" W 5.00' L12 N 172240" W 160.82' L13 N 61'21'28" W 248.86' 1.14 5 59'56'51" W 119.40' L15 N 3610'08' W 301.06 L16 S 44'28'15" E 19.28' L17 5 10'40'49' W 91.00' L18 N 7711'16" W 64.72' LiNE DATA CURVE DATA ARFA SUMMARY AREA IN LOTS 1 17.1737 ACRES RURAL PRES. PARENT TRACT o 48.7452 ACRES 5' R/W DEDICATION STRIP m 0.2551 ACRES TOTAL AREA 56.1740 ACRES A. LEGEND BRL BUILDING RESTRIC7ION LINE PER ZONING ORDINANCE (RF 1/2" IRON REBAR FOUNO IRS 1/2" IRON REBAR SET R/W RiGHT OF WAY ACRI. AGRICULTURAL RLSiD. RESIDENTIAL 0.B.L ORIGINAL BOUNDARY LINE HEREBY VACATED OF PROPOSED ORAINFIELD Health Department Note: This subdivision is approved for individual onsite sewage systems 1n accordance with the prov/sions of the Code of Virginia, and the Sewage Handling and Disposal Regulations (12 VAC 5 610 10 et seq., the 'Regulations"), (and local ordinances if the /ocal a a w a u t h9 col d ot�n aoces�ealth department to accept private evaluations for This subdivision was submitted to the Health Department for review pursuant to 32.1 163.5 of the Code of Virginia which requires the Health Department to accept private soil evaluations and designs from an Authorized Onsite Soil Evaluator (AOSE) or a Professional Engineer working in consultation with an AOSE for residential development. The Department is not required to perform a field check of such evaluations. This subdivision was certified as being in compliance with the Board of Health's regulations by: Karl Evans 1103. This subdivision approval is issued in reliance upon that certification. Pursuant to 360 of the Regulations this approval is not on assurance that Sewage Disposal System Construction Permits will be issued for any' lot in the subdivision unless that lot is specifically identified as having an approved site for an onsite sewage disposal system, and unless all conditions and circumstances are present at the time of application for a permit as are present at the time of this approval. This subdivision may contain tots that do not have approved sites for onsite sewage systems. This subdivision approval is issued in reliance upon the certification that approved lots are suitable for "traditional systems' however actual system designs may be different at the time construction permits are issued. FINAL PLAT FOR RURAL PRESERVATION SUBDMS /ON DEER RIDGE ESTATES B4CK CREEK MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: N/A I DATE: JULY 18, 2002 Founded in 1971 Engineers Surveyors GREENWAY ENGINEERING 161 VHIDY HILL 1ANE WINCHESTER, Vd. 22802 TELEPHONE: 640) e02-4186 FAX: (540) 722 -9626 www.greenweysng.00m 3315 SHEET 8 OF 9 NOTES: 1. ALLOWED DENSITY 66.1740 5 13 LOTS PROVIDED DENSITY 7 RURAL PRESERVATION LOTS REQUIRED 40X RURAL PRESERVATION TRACT 66.1740 X 0.40 26.4696 ACRES PROVIDED RURAL PRESERVATION PARENT TRACT 48.7452 ACRES OR 74% 2. NO 717LE REPORT FURNISHED. EASEMENTS OTHER THAN SHOWN MAY EXIST. 3. THE BOUNDARY INFORMATION SHOWN HEREON IS BASED ON A CURRENT FIELD SURVEY BY TMs F7RM. 4. CURRENT OWNER: ROY R. BEATTY PATRICIA C. BEATTY INSTRUMENT NO. 020006195 5. THE PROPOSED PRIVATE DRIVEWAY ROAD IS NOT BUILT ACCORDING TO STREET SPECIFICATIONS OF, AND WILL NOT BE MAINTAINED BY, THE VIRGINIA DEPARTMENT OF TR4NSPORTA770N OR FREDERICK COUNTY. 7HE 1MPROVEMAIENT AND MAINTENANCE OF SAID DRIVEWAY/ ROAD SHALL BE THE SOLE RESPONSIBILITY OF THE OWNERS OF SAID LOTS WHICH ARE PROVIDED WITH ACCESS VIA THE DRIVEWAY/ ROAD. SAID DRIVEWAY ROAD WILL NOT BE CONSIDERED FOR INCLUSION INTO THE ATE SECONDARY SYSTEM UNTIL THEY MEET THE APPLICABLE CONSTRUCTION STANDARDS OF THE VIRGINIA DEPARTMENT OF TRANSPORTATION. THE COST OF BRINGING SAID DRIVEWAY/ ROAD TO ACCEPTABLE STANDARDS SHALL NOT BE BORNE BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION NOR BY FREDERICK COUNTY. 6. ALL CORNERS ARE 1/P IRON REBAR SET UNLESS OTHERW /SE DESIGNATED, 7. TM 59— ((A)) -24 ORIGINAL BOUNDARY LINES ARE HEREBY VACATED. FINAL PLAT FOR RURAL PRESERVATION SUBDMSION DEER RIDGE ESTATES BACK CREEK MAGIS1ERNL DLS7RICT, FREDERICK COUNTY, WR .WU SCALE: NA GREENWAY ENGINEERING 151 WINDY HILL LINE Engineers WINCHESTER, VA. 8280E Surveyors TZLEPHONE: (540) 882 -4186 FAX: (640 722 -9628 www.greenweyeng.00m Founded in 1971 DATE: JULY 18, 2002 3315 SHEET 9 OF 9 E F ECISION APPLICATION PACKAGE FREDE CK COUNTY, VIRGINIA Department of Planning and Development 107 North Kent Street Winchester, Virginia 22601 PHONE: (540) 665-565 FAX:. (540) 665-6395 Website: www.eo.frederiek.va.us/PlanningAndDevelopment/PlanningAddDev.htm (REVISED 01/14/03) APPLICATION INSTRUCTIONS FOR APPEAL OF DECISION It is the responsibility of the appellant to complete this form in its entirety and as precisely as possible. In order to be heard by the Board of Zoning Appeals on a particular date, all materials must be submitted prior to a cut -off date established during the previous month The specific cut -off date is established for each month in order to meet advertising requirements specified by the Code of Virginia. You can obtain this date from the Planning and Development Department. Because applications are photocopied for Board members, they must be completed in ink or typed. All supporting materials must also be able to be legibly photocopied. PLEASE ATTACH THE FOLLOWING IN SUPPORT OF THIS APPLICATION: 1. A copy of the written decision which is being appealed 2. Any other evidence or exhibits supporting this application. Information for items 4, 5, and 12 may be obtained from the office of the Commissioner of the Revenue (located on the first floor of the Frederick County Administration Building). Current property zoning for items 6 and 8 may be obtained from the Office of Planning and Development. If the appellant is not the property owner, the application must be signed by both parties. The title of the representative for an organization, church, etc. shall be shown on the application. The fee for this application is indicated in the County Development Review Fee Schedule. The application fee is due upon submittal of the completed application. Please make checks payable to "Treasurer of Frederick County." Notification of the Board of Zoning Appeals public hearing will be mailed to you. Board of Zoning Appeals public hearings are generally held the third Tuesday of each month at 3:25 p.m. in the Board of Supervisors' meeting room at Frederick County Administration Building, 107 N. Kent Street, Winchester, Virginia. The applicant (or a representative) must be present at the Board of Zoning Appeals public hearing when the appeal is to be considered. If the applicant (or the representative) is not present, the application will then be tabled until the next regular meeting. If the application is not represented for two consecutive meetings, the Board may remove the application from consideration. IF YOU HAVEANY GENERAL QUESTIONS OR NEED ASSISTANCE IN COMPLETING THIS APPLICATION, PLEASE CONTACT THE DEPARTMENT OF PLANNING DEVELOPMENT AT 540 665 -5651. FREDERICK COUNTY BOARD OF ZONING APPEALS POLICIES The Board of Zoning Appeals (BZA) has the following policies under which it operates: 1. Your appeal application allows inspection of your property by the members of the BZA and the staff of the Planning and Development Department. 2. Applications submitted after the announced deadline or cut -off date for a specific meeting will not be heard at that meeting unless approved by the Zoning Administrator or Chairperson of the BZA. 3. The schedule of meeting dates will not be altered for individual applications except for reasons of public health, safety and welfare. In the event that a full quorum of the BZA is lacking, the Chairperson may call a special meeting to hear pending applications. 4. Each application will be reviewed based on its own merits. 5. There is a time limit for presentations to the BZA. Representatives of both sides of a case will be allowed a maximum of 20 minutes each for their presentation and each side will be allowed a maximum of 10 minutes each for rebutting the opposing side. Discussion in excess of this time will be allowed only upon a motion duly made and passed by the BZA. 6. The applicant's evidence, exhibits, etc., should be submitted with the application to allow for prior consideration by the BZA. This also expedites the public hearing, since BZA members receive copies of application materials. 7. In upholding an appeal the Board may impose such conditions as it may deem necessary in the public interest and may require a guarantee or bond to insure that the conditions imposed are being, and will continue to be, complied with. Decisions of the BZA may be appealed to the Circuit Court within 30 days of the decision. See Code of Virginia (15.2 -2314) for details. 1. The applicant is the owner X other (Check one) ADDRESS 244 Crossing Path Lane ADDRESS: Winchester, VA 22602 approximately 1/2 mile on Left. 5. Property Identification No.: Tax Map No. 59 APPLICATION FOR APPEAL IN THE COUNTY OF FREDERICK, VIRGINIA MUST BE TYPED OR FILLED OUT IN INK PLEASE PRINT 2. APPLICANT: OCCUPANT: (if different) Roy R. Beatty NAME: Patricia G. Beatty NAME: TELEPHONE: 877 TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): Route 50 West, Left onto 614, Left onto 612 and 4. Magisterial District: Back Creek Magisterial District See attached copy See letter attached 11. Additional comments, if any: Rural Agricultural 6. The existing zoning of the property is: 7. The existing use of the property is: 8. Adjoining Property: USE ZONING Residential North Residential RA East Residential RA South Residential RA West Resi dent; al RA 9. Describe the decision being appealed. (Attach a copy of the written decision.) 10. Describe the basis of the appeal, indicating your reason(s) for disagreeing with the decision. (This may be provided on separate sheet.) Derek and Rebecca Oliver Address 600 Fishel Road, Winchester, VA 22602 Property ID 59 34C Charleen Hendrick Address 578 Fishel Road, Winchester, VA 22602 Property ID 59 A 34 Blue Ridge Development, LLC Address 360 Clearview Drive, Clearbrook, VA 22624 Property a)# 59- A -34E, F, H and I Henry and Rosemary Budzynski Address 502 Fishel Road, Winchester, VA 22602 Property ID 59 34 Theresa Sue Sousa Trust Address 1415 Springvale Ave., McLean, VA 22101 Property ID 59 35 Charles E. Will Address P.O. Box 33, Clearbrook, VA 22624 Property ID 59 38 Trevor 5. Johnson Amy L. Johnson Addres 497 Back Mountain Rd., Winchester, VA 22602 Property ID 60 Stephen Zebarth Address 110 West Cork St.,- Winchester, VA 22601 Property lD 59 4 31 Greg R. Beatty Serena Beatty Address 225 Crossing Fath Ln., Winchester, VA 22602 Property ID 59 34A Susan M. Beatty Address 206 Crossing Path Ln., Winchester, VA 22602 Property ID 59 34B James A. and Misty A. Miller Addres 100 Inca Trail Winchester VA 22602 Property ID 60A -1C 13 -9 12. The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the appeal 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: (Please list Property Identification Number.) NAME SIGNATURE OF OWNER (if other than applicant) APPEAL OVERRULED File. 0 Land Use Applications 'Applicaoon Form&APPEAL Reviscd. 01/14/03 AGREEMENT APPEAL I (we), the undersigned, do hereby respectfully petition the Frederick County Board of Zoning Appeals (BZA) to overrule the administrative interpretation of the County Zoning Ordinance as described herein. I agree to comply with any conditions 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 hereby certify that all of the statements and information contained herein are, to the best of my knowledge, true. SIGNATURE OF APPLICANT /mil d— DATE 2 6 5 /C OFFICE USE ONLY- BZA PUBLIC HEARING OF ACTION: DATE- APPEAL SUSTAINED SIGNED: DATE: DATE 24 -os BZA CHAIRMAN Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540- 665 -5651 Facsimile 540- 665 -6395 Know All Men By Those Present: That I (We) (Name) (Phone) (Address) the owner(s) of all those tracts or parcels of land "Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. on Page and is described as Parcel: Lot: Block: Section: Subdivision: do hereby make, constitute and appoint: (Name) (Phone) (Address) To act as my true and lawflul attorney -in -fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: Rezoning (including proffers) Conditional Use Permits Master Development Plan (Preliminary and Final) Subdivision Site Plan My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this day of 200, Signature(s) State of Virginia, City /County of To -wit: I, a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this day of 200 Notary Public My Commission Expires: U:\Bcv Special Limited POA.wpd 1. Which type of application did you complete? Rezoning Site Plan Master Development Plan Subdivision Conditional Use Permit Variance Application Process Evaluation We would like to learn how we might improve this process. Please complete this form and submit it to the Planning Department. You can submit it to us separately from the application if you wish. You may submit it anonymously. 2. Which part, if any, of the application process did you find particularly difficult? (Check as many as you wish.) Completing the application form Tax verification Agency review comments Adjoiner identification information Other (Please specify) 3. Did you have a discussion with a staff member before submitting the application? YES NO 4. Were you able to receive the assistance or information that you needed from the staff? YES NO 5. What portion of this process took the longest for you? Completing plans Completing the application Tax Verification Agency review corn. meats Other (Please specify) 6. What do you think could have been done differently to make this process quicker? 7. Do you have any suggestions about what we could do to make this process work better? May 17, 1996 (K: \wp \emn \bah cr\applic, rev) PLANNING DEPARTIVVT DEVELOPMENT REVIEW FEE SCHEDULE REZONING $1,000.00 plus $50.00 per acre. $50.00 refundable fee for a public hearing sign. MASTER DEVELOPMENT PLAN $1,500.00 plus $50.00 per acre. NON RESIDENTIAL SUBDIVISION $1,000.00 plus $100.00 per lot. RESIDENTIAL SUBDIVISION RP (Residential Performance) $1 plus $100.00 per lot. RA (Rural Areas) Major Rural Subdivision ($1,000.00 plus $50.00 per acre). In the case of a Minor Rural Subdivision (3 lots or Tess), the fee shall be 5100 per lot. SUBDIVISION ORDINANCE EXCEPTIONS $500.00 NON RESIDENTIAL SITE PLAN $1.000.00 plus $1 00.00 per acre (to 5 acres) plus $50.00 per acre for each acre over 5 acres. MINOR SITE PLAN $500.00 A revision that increases the existing structure area by 20% or less and does not exceed 5,000 square feet. RESIDENTIAL SITE PLAN $1,000.00 plus $50.00 per unit (to 20 units) plus $25.00 per unit for each unit over 20 units. CONDITIONAL USE PERMIT 575.00 plus 550.00 refundable fee for a public hearing sign. VARIANCE OR BZA A.R —E,>;L 5250.00 plus 60.00 refundable fee for a public hearing sign, i ZONING CERTIFICATION LETTER $100.00 ZONING DETERMINATION LETTER $50.00 (NOTE: Structures used for Fire and Rescue services are exe Adopted by the Board of Supervisors on December 17, 2 002 11 ‘Kareiukarcils ;¢iRlCominnn''PLANDI PT DUCpRICEKp \d IJS Ottnher Ii. 2001 p out design review fees.)