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HomeMy WebLinkAbout05-03 Aaron N Tweedie - Gainesboro - BackfileBOARD OF ZONING APPEALS Variance Request Tracking Sheet Date: b File opened _ Reference Manual updated/number assigned D-base updated (� One B&W location map requested from GIS Two sets of labels requested from Data Processing File given to Renee' to update Application Action Summary MEETING DATE: / i U FINAL ACTION``` =V RD CLOSE OUT FILE: (� 3 Approval (or denial) letter mailed to applicant/copy made for file d File stamped "approved", "denied" or "withdrawn" i 3 Reference Manual updated D-base updated 0 File given to Renee' for final update to Application Action Summary PLAN UACaro1\Common\TRACKING.BZA Revised 05/25/01 • 0 S-�Ar Y- le M CAC, � c�rr, v or Q T4r,fl0 077 9 �r�d �C fU✓ G Xc�v��'P� RECEIPTDat 0031,58 e Received From Add gss 1Z O 2)� Z �l�nL1rJ) �z�t tars $ For Jf U ACCOUNTHOW PAID V ACCOUNTAMT. OF "1(,� CASH _ p CJ � i• Q. CHECK- Vr77. y? .0 AM PAID �'. .+�....... iy �': n �_..�',-(-..% %"�, BALANCE",. MONEY ORDER BY � DUE `-� CREDIT CARD J � g p F I COUNTY ofCK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 MEMORANDUM TO: Finance Department / FROM: Karen A. Cain, Receptionist/Office Assistant II& SUBJECT: Return Of Sign Deposit DATE: June 26, 2003 The amount of $50.00 was deposited in line item #3-010-019110-0008 for the person named below as a deposit for a sign for Variance Application #05-03. They have now returned the sign and are therefore entitled to the return of their deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $50.00 to: Mr. Aaron Tweedie 98 Royal Oak Road Front Royal, VA 22630 RSA/kac M U:\Karen\karens' stuff\Common\SIGNRTRN.LST\SIGNDEP.PER 107 North Kent Street - Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 June 19, 2003 Mr. Aaron N. Tweedie 98 Royal Oak Rd. Front Royal, VA 22630 RE: VARIANCE #05-03 OF AARON N. TWEEDIE Dear Mr. Tweedie: This letter is to confirm that the above -referenced application was approved by the Board of Zoning Appeals at their meeting on June 17, 2003. Your request for a 25-foot and a 52-foot front yard setback variance for a corner -lot parcel for the construction of a primary residence approved. This property is located on Retreat Lane in the Shockeysville area of Frederick County, and is identified with Property Identification Number 8-1-4-14A in the Gainesboro Magisterial District. If you have any questions regarding this action, please feel free to call this office. Sincerely, Patrick T. Davenport Zoning and Subdivision Administrator PTD/bad cc: Building Inspections Jane Anderson, Real Estate O:Wgendas\BZA\APPR_DEN.LTR\2003_2004Waron Tweedie.wpd 107 North Kent Street - Winchester, Virginia 22601-5000 0 • APPLICATION #05-03 OF AARON N. TWEEDIE. Staff Report for the Board of Zoning Appeals Prepared: June 2, 2003 Staff Contact: Patrick T. Davenport, 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: June 17, 2003 LOCATION: The property is located in the Shockysville rural community and detailed directions follow. Proceed on 522 North approximately 16 miles past James Wood High School and turn right on VA Route 692 (Chapel Hill Road). Proceed approximately 0.9 mile and take left on Pack Horse Road, traveling on Pack Horse Road for approximately 2.5 miles. Turn left at intersection of Packhorse Road and Shockysville Road and continue on Pack Horse Road for an additional 0.3 mile. Look for the "Variance" sign and turn right on a new gravel driveway and proceed up the driveway for approximately 1,000 feet. Look for an excavation site for the dwelling. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBERS: 08-1-4-14A PROPERTY ZONING & USE: Zoned: RA (Rural Areas) District Land Use: Vacant ADJOINING PROPERTY ZONING & USE: Zoned: RA (Rural Areas) District Land Use: Residential and Vacant VARIANCE REQUESTED: The applicant is requesting a 25-foot front yard (West side right of way) and a 52- foot front yard (North side right of way) variance for construction of a primary residence. REASON FOR VARIANCE: Exceptional narrowness, multiple rights of way on property, and exceptional topographic conditions. is STAFF COMMENTS: The subject property was recorded as part of a rural subdivision on February 18, 1975. The property was designated "Lot 14A Ritter Mountain, Section 4". The property owner is proposing to construct a new single family dwelling as illustrated on Exhibit "A". The dwelling is proposed to be located within 35.0 feet of the western right-of-way and within 8.0 feet of the northern right-of-way. Both aforementioned rights -of -way are defined as 30' in width and are classified as private driveways. It should be noted that the private right-of-way bisecting the property from West to East is a "paper road" which means that it contains no defined travel way. The Rural Areas (RA) Zoning District setback requirements {§ 165-55A(2)1 pertaining to this parcel are: 60' front (from the edge of a right-of-way), and 50' for the sides and rear since the adjoining uses are residential or undeveloped residential. A site visit conducted by staff to the subject property confirmed the applicant's assertion that the majority of the property contains topography that may be considered exceptional in nature. The middle portion of the property is traversed from north to south by an extremely steep ravine, with a small stream centered within it. The property contains only two moderately level areas that are suitable for the dwelling and septic drain field. Exhibit "A" illustrates that one area is reserved for the drain field and the remaining area, the area related to the variance request, is reserved for the dwelling. STAFF CONCLUSION FOR THE JUNE 17, 2003, MEETING: 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. § 15.2-2309(2) also contains a provision for a variance to be approved in the instance of"exceptional topographic conditions" or "extraordinary situations". Due to the existing topographic site conditions, and the existence of a right-of-way traversing the property, granting the variance in this case may be justified. a� *'14Za m°4s a` 08 14 14A GH U;CR!f 08 1 4 14 TIMIE 08 1 4 20 4t � Ge mbo>.rr � 00 1 4 15 Variance # 05 - 03 o,,AARON N. TWEEDIE 08 1 4 8 PIN 08 - 1 - 4 - 14A w�N �] r I • APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA Variance Applicatiop No. Submittal Date: Fee Paid: yes; initials: Sign Deposit yes -OFFICE USE ONLY - Submittal Deadline: ' A �0' 3 For the meeting of '�I..� MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner X, other 2. APPLICANT: 3 .3 NAME: Ao r©o IQ - —rWeied. ie ADDRESS Seal Oa Rd Front Ray.oilyA as(off _. (Check one) RECEIVE® MAY 0 9 2003 OCCUPANT: (if different) FREDERICK COUNTY PLANNING & DEVELOPMENT NAME: ADDRESS: TELEPHONE: 54 0 &3 (0-19 34 TELEPHONE: dell 5�0) 6;2;Z- ?-7aA The property is located at (give exact directions and include State Route numbers): ?roceec3 on gprox 16 f0i. oas+ Samcs 0 Jori H6. %dk. /x Avl a� 0 0toga i U4 pcl 911 Rc1� , omc eecl n+� , ) QILL le 1• an acle Norsc Rc� Frocee.d Appmx 9.5 tnni. `► y.4 1CR on+o lack. ikofSe Rd- . Proc'fed n..; l4it� rival-�� a ' sitar+ ® �y5y pmaew morax dQ -Iq i ri w% ► AO �,rr Vel Z ivc. 4. The property has a road frontage of I � 851.5feet and a depth of 7 q feet and consists of 14.954-1 acres (please be exact). Page 5 of 9 5. The property is owned byA0.t'6n 0. £ Neafl�er J. Tweeclie as evidenced � by deed fromRO e4 A t tea nek A. Brown recorded (previous owner) in deed book no. oaoo � o a og on page /q Q -193 of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: C'a -n e s b o r-o 7. Property Identification No.:O S - I _ Ll - ► y A 8. The existing zoning of the property is: R /A 9. The existing use of the property is: ftep y%+ 10. Adjoining Property: USE North IReside East 0 om v-% {- South y-4e ,1 d e n' ;&A West i'2. e siden+;&I ZONING R f A 2IA 91A R/A 11. Describe the variance sought in terms of distance and type rear yard vaptqfor an attached two -car garage.'' A, Crnr4 gc,ccl (We-s+) wnrugs3 u0s 74 (For example: "A 3.5' YN 12. List specific reason(s) why the variance is being sought in terms of: exceptional narrowness, shallowness, size or shape of property, or reside ice. exceptional topographic conditions or other extraordinary situation or condition of property, or the use or development of property immediately adjacent thereto xCeD4�o»a/ ,JOr1ZLJneSS, ,exceSSi ve- R.0. k/ s on DLper` , Wo > or,al -E-Lpo-4(-aah►C COV)8; dons. Page 6 of 9 r' AGREEMENT VARIANCE # 0 6 03 (Number to be assigned by the Planning Dept.) 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 J- q —03 SIGNATURE OF OWNER (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF 11, a -� ACTION: - DATE - DATE 1/ APPROVAL SIGNED:_�ii / n � ; BZA CHAIRMAN DENIAL DATE: Page 9 of 9 AFFIDAVIT COUNTY OF FREDERICK, TO -WIT: This day personally appeared before me, a Notary Public in and for the State of Virginia, County of Frederick, Robert M. Brown and Leona A. Brown, who, after first being duly sworn, depose and say: 1.That they were the owners of Parcels 14(A), 20, and 21, Section 4, Ritter Mountain Subdivision, Located in Frederick County, Virginia previous to Aaron N. Tweedie and Heather J. Tweedie. 2. That they are the current owners of Parcel No. 15, Section 4, Ritter Mountain Subdivision, located in Frederick County Va. 3. That they acquired said parcels 14(A), 15, and 20 by deed of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, recorded in Deed Book 865 at Page 1505, and that they had been in continuous possession of said parcels since acquiring the title on September 13, 1996 until November 20, 2002. 4. That the use of Deer Run Drive running southwesterly across Parcel 14(A) to its intersection with Turkey Ridge Drive at the border of parcel No. 20 has been obstructed and unused since September 13, 1996.. 5. That use of Turkey Ridge Drive running in a southwesterly direction to its intersection with Deer Run Drive and beyond, on the border of parcels 14(A), 15, 20 and 21 has been obstructed and unused since September 13, 1996. 6. That alternate access to the residents of Turkey Ridge Drive for the purposes of ingress and egress to deer null drive was created on September 13,1996, and was recorded in the Clerk's Office of Frederick County at Instrument No. 010001049, Page 54, on Febuary 1, 2001. 7���.�,'��G��'"� Subscribed and sworn to before me thiQ. day of April, 2003. My commission expires n ` NOTARY PUBLIC �90TARY COIV1MOiVWEALTH Notary Public 9.1 PLPS IC i OFVIRGINIA iv1 Y 00MMISSION FkPIRES° AUGUST 31, 2006 13 . Additional comments, if any: fro p e,(-+A Iyas �-�� e A tZay 1 h e- W44 i net- 4rbualh NE 4-o 5W �kere i5 no room be+wee-n _-"arKt4 Ridc�.e -Deer Ruh t7 r `jj' � OPCOW &bud 90W reS �ic4io ns. `mere 16 - n o otV%e,c- su►VIAC ° plc.ee . 6r C".. House sil-e. 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 Aaron M. Tor-eAie j�1CG.1� Rf S. Tva+�tcl i e Address J? Ro qJ 0od1, 'Rd. Fraud Igo G) VA ?2G Property ID # So1In M • Gr'e�or6 Address )o O IRekrea} Ln. Wi"61trr VA (0u3 Property ID # $ _ 1 -- y - ly 1Zoberk Leovnc, a . '�rot�n Address pp 'Box a 15 Cross uY%c. ion VA a)&a Property ID # Ig - I - y - 15 IRiC e'M C. Me'varlanCi Address 3g9 L.od e. In. Wiv%crttbVCr VA as&D3 Property ID # $ - j y Address Property ID # Address Property ID # Address Property ID # Address Property ID # Page 7 of 9 0 EXHIBIT "A" • _?2pF05ED }tpuSE LOC_P�-rlcw �50KV>=i TxiF_F_orE 7W-0Pe.rZZY (FpvcFL�4K) ESBORD D������, F�EDFR�CKCA•,yA DATE: KR'-( 9, 21.E O'3 PROD. NO.: TAXMAP $—I-4 —ILIA FL 1K1T ){1 L L S U l;�_v E`(S , P. C. EN6INEERIN6 6 SURVEYIN6 P.O. BOX _M,BEICQYViLLE.VA.224P141, (540)95s906B 7WEEDW zp=J_� SCALE: 1"• = 50' SHEET l OF 1 v 4e�} IS• -+ o G� 9 � 14• P� �X`� pL7 FI 6,7` JOHN > 9 BAUMGAR Er \ \ No. 00185P SUFRO41 1 1 SuRve�coe'S � i� TZOgU- SZIG�T OF Y.1gY 'BgsED OU PI'EY SICgL E.Y'OENCL Ou TKE G¢.ouNp. $EgR1,.1GS (_-rvj u ps TQzFb2,b SECT IpN OF '�E'6rZ I�l�1,lT p��vE rTH RiJ PRj RGP.L 14P�) COULD 1JOT $E rODUD OF TZKDKD. Z ) BEGgUSE OF 7-1{E TE Z2q I", TttE 72OPOSEU }LOUSE SITE k?'PEf\KS 1 To BE-TNe. O"�. 7E.RSO�1gg�E BU1L-DiklG L.00q'rIOri RESTF.-_< E, CoVEf�Fl`-1TS C,q�L. F=O! TkS P—OgDS AS SI{OY,11i OAl 7 I�LiiT TO B� CO,X_11pE'P.•O W., F{OMIEV EK THE SU$OIV ISIOU , %YJ.'S. )\yPv.OVED �„tEpSUR1=.NEE r,1T 1-RS F1dp EIS R11Ut5 f 1?3-YBY �.Y5e FND OTHERSEvt[>E a7 8�M E. / OF `YT£ / 5.� >.SOn-� SVgGR� D�EER`rR5 T D21V EST OuGN j\ jZ .Ol., -llltl FiS FoUUO ToA$E �BAUDou E.D {jUp Ir�PAs5 q6 �-E i�OAp ��Y Sep 12 02 10:53a 540 662 4136 p. (5/000 /O �% • 13 NOTES. CFl CA THIS SURVEY WAS PREPARED VATHOUT THE BENEFIT OF A TITLE REPORT PACK HORSE ROAD AND THEREFORE MAY NOT NECESSARILY SHOW ALL DI CVMERANOES ON 114E PROPERTY. STATE ROUTE NQ 692 -• 30' PRC.,CRIPT"E A./W ACCORDMG TJ CWUUMTY-PM4EL NO. 510063 0050 B OF THE FEDERAL EMERGENCY MANAGEMENT AGENCY FLOOD INSURANCE RATE MAP FOR FREOER" COUNTY, VIRtIINIA, DATED .RA.Y 17, 197EL THE PROPERTY SHOYRI HEREON APPEARS TO BE VATHIN ZONE 'C-. S 497 7'7,00' ���"T- ROBERT - THE PROPOSED SHARED PRIVATE DRIVEWAY IS NOT 8U%LY ACCORDING TO STREET STANDARDS OF AND WILL NOT BE MAINTAINED BY THE VIRGTN$A T.M. 15-A-3 DEPARTMENT OF 'MANSPOTAXION OR THE COUNTY OF FREDMCK. THE S 84'09.59' E 1 QPROVEMENT AND MAINTENANCE OF SIJJ ORIVEWAY SHAL, BE THE SOLE M. BROWN i 1 & 106.43' , t I � RESPONSIBILITY OF TFE OWNERS OF LOTS WHICH ARE PROVIDED WITH LEONA A. BROWTI It ACCESS VIA THE DRIVEWAY. SAID SHARED PRIVATE DRIVEWAY VAU NOT BE D.B. 698, PG. 913 �I1I a CONSIDERED FOR UIGLUSON WTO THE STATE SECONDARY SYSTEM UNTIL ZONE: 12A Ex15TNG TRALELWAY I t i to THEY MEET SHE APPLICABLE CONSMCTWN STANDARDS OF THE VIRQMA USE: RESIDENTIAL ��,J1 apt' DEPARTMENT OF TRANSPORTATION. THE COST OF BRINGING SAID DRIVEWAY TO ACCEPTABLE STANDARDS SHALL NOT BE BORNE BY THE VIRGINIA I DEPARTMENT OF TRANSPORTATION NOR Bt' FREDEIICK COUNTY. 4I `i ,5 INFORMATION SHOWN HEREON is BASED ON A CURRENT F%ELD SURVEY i t< BY THIS FIRM. o I 1. 1 200 0 200 410C 600 Ir t _ SHARED PRIVATE DRIVEWAY(HEREBY CREAM) CREATED) SCCile: 1'� _ 200' E )r tH T.M. 8-1--4-20 TA1, B-A-S ROBERT M- BROWN t & I I DAVID P- HERREN LEONA A, BROWN I VOSING IRAKLWAY Ac PARCEL 20, SECTION IV e I i .e. B- H GR 8N RITTER MOUNTAIN D.B. 772, PG. O3 O.S. RA 865 PG. 1505 I USE: RESIDENTIAL f eo3 ZONt: RA USE VACANT(�o 1cc Q0. I i o I SHARED. PRIVATE DRIVEWAY I ! t (HEREBY CREATED) I to Jf 233.90' S 38I2E 124.82' \ , \ _T EIIRKEY C 30 DRNE /W KCA RLM Dftn,E. 4 CUM 377. PC. !Dt) rxslWC 30• R/11 SHARED PRIVATE DFUVEWAY (D.e. 377, PC:. 2Dt) NV \ _ (HEREBY CREATED) T.M. 8-1-4-20 T.M. 8-1-4-20 t EYISTG IRAV71WAY JOHN M. f 2£GORY ROEIERT W. BROWN �\ It� S 64�� E LORETTA GREGORY LEONA A. BROWN PARCEL 14, SECTION IV RITER PARCEL 14A, SECTION iVD.B.1 MOUNTAIN D.B. RITTER MOUNTAIN ` EMTW TRAVELWAY 9, PG, 463 ZONE: HA O.B. 865, PG. 1505Q!I USE: RESIOE1VTlAL ZONE: RA US£ VACANT t\� PLAT SHOWING SHARED PRIVATE DRIVEWAY THROUGH THE PROPERTIES OF 11 DEER RUN DtAYE `\ E)OSTWG 30• R/W�,•, ROBERT M. BROWN (D.B. 377- PG. 201) AND J,: i t LEONA A. BROWN (TAB( MAP 8—A, PARCEL 3) (7AX MAP 8-1-4, PARCELS 14A & 20) GAINES80RO MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA I If SCALE:: 1" - 200' DATE: DEC[ ViRG;1N1A_ FREDER]CK t^_OUr.-TY. SET. I 1 �' J I S -ce-1 n ~ WOLEORD LAND SURVEYI Tt,Ia taTtrtrmeat of wridag.Yaa prodtrcd tD me oa 120 DOGWOOD RD., VANCHESTER, (540) 542-1677 FAX (540) ` 1' aI -��� L7�A m ' and with certificate of ackn wledgerltcm th:rcro aancxc,: WLSlO11 SHEET 2 OF 2 wasaddt�yp[i ted io secar4. Tax impm d by Scc. 91.1•802 oC S,�.Y'..1.. and 58.1-801 have Ixcn paid, if asussablc Clerk 4003 . � o 020020001► N THIS DEED MADE this 7th day of November, 2002, by and between Robert M. Brown and Leona A. Brown, husband and wife, GRANTORS; and Aaron N. Tweedie and Heather J. Tweedie, husband and wife, GRANTEES. WITNESSETH THAT, for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, the GRANTORS do hereby grant, bargain, sell and convey, in fee simple and with General warranty of Title, unto the GRANTEES, as Tenants by the Entirety with full common law rights of survivorship, the following described property, situate, lying and being in Frederick County, Virginia, to wit: All that certain lot or parcel of land, with all improvements thereon, together with all appurtenances and hereditaments thereunto belonging or in anywise appertaining, lying and being situate in the Gainesboro Magisterial District of Frederick County, Virginia, being identified as Pacel #14A, Parcel #20, and Parcel #21, Ritter Mountain, Section 4, being more particularly described by a survey and plat of Clinton L. Ritter, C.L.S., dated May 1971, and recorded in the Clerk's Office of the Circuit Court of Frederick, County, Virginia in Deed Book 44o at Page 548-549. AND BEING a part of the property conveyed unto the said party of the first part by deed dated September 11, 1996 , and of record in the aforesaid Clerk's Office in Deed Book 865, at page 1505. Reference to which said plat and deed and the references therein contained are hereby had for a more particular description of the real estate herein conveyed and for further derivation of title thereto. THIS conveyance is made subject to the covenants, conditions, restrictions, easements and rights of way of record. THE GRANTORS covenant that said GRANTORS have the right to convey the aforesaid property; that the GRANTORS have done no act to encumber said property; that the GRANTEES shall have quiet possession of said property; and that the GRANTORS will execute such further assurances as may be requisite. WITNESS the following signatures and seals: (SEAL) t M. Bro f SEAL) Le a A. Brown s4ar to the undersigned, a Notary Public for the jurisdiction afore aidy.,4o 5!�Yi certify that Robert M. Brown and Leona A. Brown whose names are e'fgge+ct- tm y the foregoing do unt ackno 1 ttheme before -me in m aforesaid, thisay ofnct Y juMy commission expires on t2,= J F N to Public ' ''•. r' Tax Map No.: 06-1-4-14A, 20, 21 Grantee's Address: d ti0 (✓di��,ey ENS 'I is G/�09i �TL4 V G7���ON I VA 1?.(.7+5` r•...e;.in.OL/,o --- .— 44 -0- S_I, NSUIA" SHEA SIP.-G P-11 7 12- .2 /.. D... ANCNON R.- IS 777777�-- il] n w wnter and -1131 o,4ev43paco shall have fourdalion BrE mgl.Jod in wxordance NOTE: cmellii CABO One i. J Two �arm j;jith 2j;c5;�; PROVIDE CPAWLSPACE ''��RPHOC'�besemanls in 0 VENT ILATIO , AS P,R LOCAL arcordance v,Ilh CODE AND SITS CONDITIONS C'.—.0" nef 2 RC BARS 1— 10a'Mwaca van' I: One vvilill 3 of etch CO., . I Ln, x x r&Amum cwkw acp: n, GRAVEL FIL� w. CONTIKUOJS RR • cTiON1 0'N DRAIN kjjlj 24 11,40H FROST pkc REQUIRED ON FoOTERS - FEDEICK C04 > CATION DETAIL I PKT. 10 XR— UK GIRt L L BEAM 4",16" CONC. BLOCK PKT ItS SET ON 3O"x3O'-xl2" w THICK rooTt"os W1 3-#4 1 REBARS EACH WAY. (TYP-) I- \0 0 RU 01 K 0 UNEXCAVAIL12 An A o r COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 PUBLIC HEARING June 3, 2003 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE 405-03 OF AARON N. TWEEDIE On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, June 17, 2003, at 3:25 p.m., in the board room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This is a public hearing to consider the following application: Variance #05-03 of Aaron N. Tweedie for a 25-foot and a 52-foot front yard setback variance for a corner -lot parcel for the construction of a primary residence. This property is located on Retreat Lane in the Shockysville area of Frederick County. The subject property is identified with Property Identification Number 08-1-4-14A in the Gainesboro Magisterial District. Any interested parties having questions or wishing to speak may attend this meeting. A copy of the application will be available for review at the Handley Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, Patrick T. Davenport, CZA Zoning and Subdivision Administrator PTD/bad 0:Wgendas\BZA\AD]0INER\2003 AdjWaron N. Tweedie.wpd 107 Norteent Street • Winchester, Virginia 2260000 T ' is to certify that the attached correspondence was mailed to the following on (Jos from the Department of Planning and Development, Frederick unty, Virginia: 08 - 1.4- 14- GREGORY,JOHN M. 220 RETREAT LN WINCHESTER, VA 22603.1541 08 - 1.4- 15- BROWN, ROBERT M & LEONA A PO BOX 215 CROSS JUNCTION, VA 22625.0215 08 - 1- 4. 8- MCFARLAND, RICHARD C 389 LODGE LN WINCHESTER, VA 22603.1510 08 - 1.4- 14-A b TWEEDIE, AARON N & HEATHER J 98 ROYAL OAK RD FRONT ROYAL, VA 22630-8938 A P PL !GR N7" o� o w AJ c./C. Patrick T. Davenport, CZA Zoning and Subdivision Administrator Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK I, &1b Rw �W t , a Notary Public in and for the State and County aforesaid, do hereby certify that Patrick T. Davenport, Zoning and Subdivision Administrator for the Department of Planning and Development, whose name is signed to the foregoing, dated s , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this Qjnd day of �TC]ne , QM3 My commission expires on TARP PUBLIC i • • n L.J 4003 02002010`1 THIS DEED MADE this 7th day of November, 2002, by and between Robert M. Brown and Leona A. Brown, husband and wife, GRANTORS; and Aaron N. Tweedie and Heather J. Tweedie, husband and wife, GRANTEES. WITNESSETH THAT, for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, the GRANTORS do hereby grant, bargain, sell and convey, in fee simple and with General Warranty of Title, unto the GRANTEES, as Tenants by the Entirety with full common law rights of survivorship, the following described property, situate, lying and being in Frederick County, Virginia, to wit: All that certain lot or parcel of land, with all improvements thereon, together with all appurtenances and hereditaments thereunto belonging or in anywise appertaining, lying and being situate in the Gainesboro Magisterial District of Frederick County, Virginia, being identified as Pacel #14A, Parcel #20, and Parcel #21, Ritter Mountain, Section 4, being more particularly described by a survey and plat of Clinton L. Ritter, C.L.S., dated May 1971, and recorded in the Clerk's Office of the Circuit Court of Frederick, County, Virginia in Deed Book 44o at Page 548-549. AND BEING a part of the property conveyed unto the said party of the first part by deed dated September 11, 1996 , and of record in the aforesaid Clerk's Office in Deed Book 865, at page 1505. Reference to which said plat and deed and the references therein contained are hereby had for a more particular description of the real estate herein conveyed and for further derivation of title thereto. THIS conveyance is made subject to the covenants, conditions, restrictions, easements and rights of way of record. THE GRANTORS covenant that said GRANTORS have the right to convey the aforesaid property; that the GRANTORS have done no act to encumber said property; that the GRANTEES shall have quiet possession of said property; and that the GRANTORS will execute such further assurances as may be requisite. WITNESS the following signatures and seals: Tax Map No.; 08-1-4-14A, 20, 21 Grantee's Address: d t �.O ��j d f/2'8y L f N i a C R. 0 $ S Su N LL'� d h/ , k%A 2- L' 4 zb` i S %y ... -.. ..�..,,�. Xi.. y � s � t �t't! � f. .e 5 �nA rp ro �� J.ro�r'at �lsC t. ro.�a-.h a^t t.,r .�.$ .+t ro✓• Ay �trh tsri ` � � � rt5� Jh`t� n. � w`��jy ��y�'���jy tt���A�`'g"*��*,h��j "4,.�'�i �'�D3r�Uy,.k ;u��'�.'� � r.. ��i��•w'�,�'k .��r�'ir,., , 4a- O" R-11 BATT INSULATION 3/4•• INSULATED SHEATHING SIDING 2.4 STM. PLATE 12"- 1/2" DIA. ANCHOR BOLTS z pmlwbdh-Con center and I cerimers — 2 3' - A" --�1 1 I—.--__.----------------� I 1 a._p.. a•_p•• a•_p•• 3-2x10 "— CIRDE BEAM I — t — — BEAM `- PKT. PKT. ----__-.+. I —" I � emwlspace shall have foundation dr metalled in accordance 1 NOTE. 1 1 w C%kB0 OHle $ Two rarliily Dwelli yl in I PROVIDE CRAWL SPACE /�� ���•p�1� basements in accordance Ath o O VENTILATION AS PER LOCAL ; 1 _. WATERPRd6edo "� , CODE AND SITE CONDITIONS. O 2-,04 CONTINUOUS ^,,�, / REBARS TOP & B�tawispace vent. One WI� 3 of each earner a ~ n VI • p�•M•��yy"�1 (��y�''etW�aQ���} FILL �um.CWNI$p �Y" . 8" x 24" muumutn m O' W W W _— GRAVEL ■� I I 4" CONTINUOUS DRAIN TILE WN ,24INCH FROST PA ON FOOTERSRCC N C 1 C'fION N _p.. RED IAb.--- e._ .. 1 e._p.. le•_p•• e•_p•• B•_p.. I ' REQUIRED F IEDERICK C04 BEAMy PK,. I TA ON CEIL I 3,W_ � ' I I 3-2x10 i � -_ - - of D OIRD� BEAM e"x1 a•• CONC. BLOCK PKT. PIE JRS SET ON 30"x30 THICK FOOTINGS W/ 3-04 1 REBARS EACH WAY. (TYP.) I 1 \O I p 1 I x I \ 0 rm r W W I I I i 1 ---------------------------------------- UNEXCAVATED I a EXHIBIT "A" 'PRSJFbSED }LOUSE LOCF�T101`J SUiZYE:Y (PARc 14 K) G-AI N ESBO O ►��R��-�, FREO�R�LK CA.,\/A. DATE: 9, 20 T FL ► KIT )AI .. L S U QV E-`(S , P. C. SCALE: I" = 5 0' PROD. NO.: ENGINEERING & SURVEYING P. O. BOX 7CP, BE K VY V ► LLE,VA. 22(o UA, (540) 955-90 8 B SHEET 1 OF t -1 A,y,mAP $-I-4 -IL4A 7WEED)E ' I -7A R C EL- Z O I I p � UR-K��__ I I L� �dl-� oS�pi�J' 4lZ Q30 rl ���� \ \ 1 O r(83AUMGAR 0 y E' Z No. 00185P \ 6Q �4 +4 \ �\ \ � 1 SuRV�.�COiz'S � 1 u0��5 1 �IGI{j OF 'KJRY 'BFlSED OKI Q}t <SICFIL Gfzd�,lD. BEFjRI>1G5 N\41D OF DEE7Z1�v>JT �2 /> (-THMU PFjRcEL 14K) C0U1_D 1JOT Be )ntDOF RE�02D. Z.� "e5E.CgUSE OF TI{E. TE,iZR_R 1,_l , �k{E -F-2SJPOSED hOU5E SITE WPERKS TO $E T}{E OILY -;<jERt's0 PFa>LE `BUIL'D I,..IG LOCATIOtl. 3.� �ES�2\G f IVY C-Oyaf,IRIJTS GRL>_ FOfz TkE Z-09ps Pis SF{ok1N OKI Y�E. PLS�T TO Be 30' )vIDE V_O.WI. YAOK,E.VEl '--"ESUBDXV1SVDQ � -DEC. LAZES 1,10 SETHiiC-K-j:� EOiZ-V--OX-At . S 4) TK>✓ OP\GI1.�gL �JJRV�.Y CIJ1.1�P\\1J,ED L�1RVE. /�7PROVE.D �,,l�pSUR�.N��rlT E.RSZotZ.s F�nlD pIsCS�P A1CItS �2FlItJF\ELF >�5 �s EvIDEur aY -R_ESuzvC-:.YS BY rilYsE>�F1ND OTHERS. ATE / �.� i1{IS S>=.C.T10�1 OF pEEiZTivUZ D,z�VE ALz pU�K J.10T P�VgGF1TED '�.p.lU., kJRS �OU11O i0 $E� / }�Bq>JDou>cD l�uD IrlPass HBLE KoAD FREDERICK COUNTY, VIRGINIA DEVELOPMENT REVIEW FEE SCHEDULE EZEZONING MASTER DEVELOPMENT PLAN NON-RESIDENTIAL SUBDIVISION RESIDENTIAL SUBDIVISION RP (Residential Performance) RA (Rural Areas) SUBDIVISION ORDINANCE EXCEPTIONS NON-RESIDENTIAL SITE PLAN MINOR SITE PLAN RESIDENTIAL SITE PLAN CONDITIONAL USE PERMIT VARIANCE OR BZA APPEAL ZONING CERTIFICATION LETTER ZONING DETERMINATION LETTER $1,000.00 plus $50.00 per acre $50.00 refundable fee for sign $1,500.00 plus $50.00 per acre. $1,000.00 plus $100.00 per lot $1,500.00 plus $100.00 per lot $1,000.00 plus $50.00 per acre. In the case of a Minor Subdivision (3 lots or less), the fee shall be $100.00 per lot. $500.00 $1,000.00 plus $100.00 per acre (to 5 acres) plus $50.00 per acre for each acre over five. $500.00 - A revision that increases the existing structure area by 20% or less and does not exceed 5,000 square feet. $1,000.00 plus $50.00 per unit (to 20 units) plus $25.00 per unit for each unit over 20 units. $ 75.00 plus $50.00 refundable fee for a public hearing sign. $250.00 plus $50.00 refundable fee for a public hearing sign. $100.00 $50.00 (NOTE: Structures used for Fire and Rescue services are exempt from design review fees). Adopted by the Board of Supervisors on December 17, 2002 i• 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. 1. Which type of application did you complete? Rezoning Site Plan Master Development Plan Subdivision Conditional Use Permit Variance ✓ Al Which part, if any, of the application process did you find particularly difficult? many as you wish.) Completing the application form Tax verification Agency review comments Adjoiner identification information Other (Please specify) (Check as 3. Did you have a discussion with a staff member before submitting the application? YES �D NO 4. Were you able to receive the assistance or information that you needed from the staff? YES X NO 5 What portion of this process took thelongest for you? Completing plans Completing the application Tax Verification Agency review comments Other (Please specify) 6. What do you think could have been done differently to make this process quicker? 6 C,- sorr)rnojn pc,. c off' iy�cfenals Y\ tC , ed J-o suloty"'4 7. Do you have any suggestions about what we could do to make this process work better? May 17, 1996 (K \wplcmn\bah cr\apphcrev) 15. Provide a sketch of the property (you may use this page or attach engineer's drawing). Show proposed and/or existing structures on the property, including measurements to all property lines and to the nearest structure(s) on adjoining properties. Please include any other exhibits, drawings or photographs with this application. Page 8 of 9 219 eras 4 %� �ncr �i3 ,,expressly made subject to the following restrictions which are incorporated he 1. No parcel or parcels of real estate herein conveyed by this deed !may be subdivided into lots of less than three (3) acres. 2. The real estate hereby conveyed by this instrument may be used 4or residential or recreational purposes only. 3. Any structures constructed upon the property hereby conveyed must ,)contain not lee* than Eight Hundred (800) square feet of floor space. f If4. Restricted against any house trailers or mobile homes which are ,placed upon the premises for the purpose of constituting a permanent structure --- The Grantors do also grant and convey unto the Grantees an easement and right of way over all existing roadways, being thrity (30) fact in width, in Ritter Mountain, Section IV. to be used in common with the Grantors. their heirs I and assigns, for the purpose of ingress and egress to and from State Highway No. 671. SS the following nd sc r (SEAL) CLINTON L. (SUL) PW RITTER ATE OF VIRGINIA, �J L ttcc�tr. OF TO -WIT: I, (c �rL.x��r��c�Ge� • Notary Public in and for i State and aforesaid. do hereby certify that CLiN'TOM SLIE RITTER and PEGGY L. RITTER, his wife whose names are signed the foregoing Deed, bearing date of L ,2 7 19 have rsonally appeared before me and acknowledged the same in my State and A e aforesaid. Given under my hand this 4L2_day of dewlte19 bt� tomun aeion expires � 'C k4.tf J A L' r � Notary Public I& DEL 20 �x1�, Dt �PFZpP ,r -CY DATE: MR+XS�ZOO �t.i>,rC `}�1L SCALE:. 1i ¢zoo' PROJ. IJO : 14 t O 1 I EN621 ERING19MY s" :•. P. O. BOX SHEET 1 OF i TOO $QW llh� VA "2 l tk `(540) 955-9088 r o c+ 20.04' L9 .� LICI .a 00 0o I L (l2 P6. SC) L3 \1 T.tk 8- p 5 �A1C.Grc,1.. Zo i� 9. 41 3 5 A`cs. � it f 6 /q Q' y s I I 4� ` f•\� �l��l�. c=. _ ��.:I r `c �• �eu Yoe +�� c•' FO�uo WsAl TOP "[o• i�v� a �rN lSocE} Fok PAML 20serer >JS TE V.B. 'T \ 9 $ 4 63 14 A WCe 5{♦�ceeY Y�e�.�r•o. �'� neeu Rnv .\a'. L.) 3J0 TTts RL♦oCT \Al►.t S•(�� _ _ � 5�T �� �..�i 'Y.►�. a- 1 - 4 -14 R.. O .r,1.'S I\G�• UpT S\phl .1 ♦ 5 5"•� -4) k1su VIED SAY. 'joo.00, F cl SE7_/J•o3E 26o.56'_ 9•`3° i}-1S \p5< /i%1 /i„� L 2 SSY- o0-31 g2.39' '<• L3 sS3.25;5�1E 5Q69' L 4 5 24-04- 3Z L5SO-34.09W 15.1'"� L6 530-11-Z3W 68-85' L-T 530-13-04W 9A"VS L8 5l5'-/9-17W /58.07' 14, 'i` �t •7^q rug '�!� ? e - �; f List. � ►��.y4 ,. `� r t � �s� 1 .� .'\•� a 1S.', f...� '^ c 1,�; �e AL Av �.,, �-.ski► •,� , " �- : "� a .��K r K,�°'� �h� --�k° �: " ��`_- i vtr F� � yy 4003 020020rw 009 THIS DEED MADE this 7th day of November, 2002, by and between Robert M. Brown and Leona A. Brown, husband and wife, GRANTORS; and Aaron N. Tweedie and Heather J. Tweedie, husband and wife, GRANTEES. WITNESSETH THAT, for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, the GRANTORS do hereby grant, bargain, sell and convey, in fee simple and with General Warranty of Title, unto the GRANTEES, as Tenants by the Entirety with full common law rights of survivorship, the following described property, situate, lying and being in Frederick County, Virginia, to wit: All that certain lot or parcel of land, with all improvements thereon, together with all appurtenances and hereditaments thereunto belonging or in anywise appertaining, lying and being situate in the Gainesboro Magisterial District of Frederick County, Virginia, being identified as Pacel #14A, Parcel #20, and Parcel #21, Ritter Mountain, Section 4, being more particularly described by a survey and plat of Clinton L. Ritter, C.L.S., dated May 1971, and recorded in the Clerk's Office of the Circuit Court of Frederick, County, Virginia in Deed Book 44o at Page 548-549. AND BEING a part of the property conveyed unto the said party of the first part by deed dated September 11, 1996 , and of record in the aforesaid Clerk's Office in Deed Book 865, at page 1505, Reference to which said plat and deed and the references therein contained are hereby had for a more particular description of the real estate herein conveyed and for further derivation of title thereto. THIS conveyance is made subject to the covenants, conditions, restrictions, easements and rights of way of record. THE GRANTORS covenant that said GRANTORS have the right to convey the aforesaid property; that the GRANTORS have done no act to encumber said property; that the GRANTEES shall have quiet possession of said property; and that the GRANTORS will execute such further assurances as may be requisite. WITNESS the following signatures and seals: fl, the undersigned, a Notary Public for the jurisdiction aforg,&4dy,,49 certify that Robert M. Brown and Leona A. Brown whose names are A 9Pecr-t4 y the foregoing d�unt ackno 1 dged the same before•me in my juYisaiq�imi, aforesaid, thisay of 20 J My commission expires on th day of 'i M49 2a, Nkani Public Tax Map No.: 08-1-4-14A, 20, 21 Grantee's Address: d tk' is Consideration: '00yi`64 Poo. �� i o ad! f�BY I-4N-C C it 05 S SI.. N Gi1`.' D hI , VA 12, G Lb1 • • O W VIRGINIA; FREDERICK COUNTY, SCT. This instrument of writing was produced to me on �Q at /� / M / . m. and with certificate of acknowledgement thereto annexed was admitted to record. -= ifnP0sed by Sec. 58.1-802 of /,�►� co and 58.1-801 have been paid, if assessable �� Clerk ra KEPT. OF GEOGRAPHIC INFORMATION SYSTEMIS FREDERICK COUNTY, VIRGMA w E GIS, MAPPING, GRAPHICS WORD REQUEST E DATE RECEIVED: REQUESTED COMPLETION DATE: REQUESTING AGENT: Department, Agency, or Company: - Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROJECT: FAX: S/�2 _� /C DESCRIPTION OF REQUEST: (Write additional information on back of request) �- DIGITAL: PAPER: FAX: SIZES: COLOR: BLACK/WHITE: STAFF MEMBER: COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: E-MAIL: NUMBER OF COPIES: HOURS REQUIRED: AMOUNT PAID: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) TO: Barbara - Data Processing FROM: -Gape~ -Planning Dept.SCv Please print a sets of labels by: � THANKS111 13. Additional comments, if any: r®p s+bas 4,ee W 44% e re o,s no ee-n e �- a t �®� fo �la� �.4 30LJ re i��o® ray. `VAelre i 5 n I0 �ee�r �` , otv% er 16LL k-b e place lho s e 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: NTmTa/TiV _O et �° �`� Address J? Ro of om1, 'Aa. PrDn+ 'R?Aid VA P.Q&Y. Property ID # L4-a0 ®\An l\. &,recot6 Address a)® Re}rea. Ln. '%LnL�g4 VA 12UP3 Property ID # '3 _ 1 - LA - M Address "Pc 'Beet �1,15 Cr®bt, 3�va ion VA aD16P Property ID # 9,- 1 - LI - 1.5 ifAe-Vo-c1o.nC9 Address 3gCk Lode In. Wiy\c, eS�er VA olp&n Property ID # _ .- LI - / ,ope y Address yo �j al oak fi Property ID # OF- 1-4-14A Address Property ID # Address Property ID # Address Property ID # Page 7 of 9