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Home My WebLink About08-02 Paul D Cissel - Opequon District - BackfileBOARD OF ZONING APPEALS Variance Request Tracking Sheet Date: - File opened Reference Manual updated/number assigned D-base updated ;, One B&W location map requested from GIS k Two sets of labels requested from Data Processing .0 � File given to Renee' to update Application Action Summary L�2� MEETING DATE: -, FINAL ACTION: APPROVED CLOSE OUT FILE: Approval (or denial) letter mailed to applicant/copy made for file �i File stamped "approved", "denied" or "withdrawn" t.i Reference Manual updated D-base updated 1{• /�LOi File given to Renee' for final update to Application Action Summary U:\Carol\Common\TRACKING. BZA Revised 05/25/01 o MMM Received From Address For 00ON 1 Y �LL4LL4LLpppWLiii11 AMTOF ACCOUNT AMT. PAID BALANCE DUE r_ ___ In llll�! .. CASH CHECK IEY ORDER ElBV 1-26C- 1c c-� /0-1) 6 e 121LLnl4q7n pff� - . _. .. �y . .'Irt' r �i � - 1214 ;; 3 4 5 7 n _PGi-Al . ` r ...�.'R' r Sl.0 r►k7 12i4cnl4r,7n r� �9 ,;',L P?457n Pf)fi, r . r w 121L.t.n149;7n PCliu�-t�;:,,, 12 4 33618 11,30 12 1 2 1 4 0 3 4 5 7 0 - P(_Hr', �e � v� � s� 1 2 1 L . ; I, c, 7 (-! PI!, - d 4 4- c _• iG. r `r 7. _ �i I- i / 1. F "� f, i- I Q r � ,,l/� �� h�s c/ieG�� — 1w"` }�ps 1�,,,,yN'd✓ �:""n" a",, '.�_r,J, .� .�,, _S*w,. www,�.. .. W � FRI- 01 x iT �. S 1.-1 t y �A• :r.. 4 •,� f �5 � yk _„t wi•�.& '� .... x'�"rn C:».�J� y�` x a-��, r� i-.r'"� "-": iu..+.�. { ?�M '�+r �'.�,�":.++awLy, ''�.#�"� '•r+�?`. ., 5� n COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 MEMORANDUM TO: Finance Department FROM: Karen A. Cain, Receptionist/Office Assistant II SUBJECT: Return Of Sign Deposit DATE: April 18, 2002 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 #08-02. 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. Paul Cissel 113 Appomatox Drive Stephens City, VA 22655 RSA/kac U:\Kareai\karens' stuff\Common\SIGNRTRN.LST\SIGNDEP.PER 107 North Kent Street • Winchester, Virginia 22601-5000 ron 0 0 W lumpy COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 April 18, 2002 Mr. Paul Cissel 113 Appomattox Drive Winchester, VA 22655 RE: VARIANCE #08-02 OF PAUL D. CISSEL Dear Mr. Cissel: This letter is to confirm that the above -referenced application was approved by the Board of Zoning Appeals at their meeting on April 16, 2002. This approval was for a 10-foot rear yard setback variance, which was an amendment of your original request for a 12-foot rear yard setback variance, to allow the addition of a deck. The property is located at 113 Appomattox Drive in Fredericktowne Estates and is identified with Property Identification Number 75J-8-13-245 in the Opequon Magisterial District. If you have any questions regarding this action, please feel free to call this office. Sincerely, 1100-14lla�_4 Patrick T. Davenport Zoning and Subdivision Administrator PTD/ch cc: Building Inspections Jane Anderson, Real Estate O- W gendas\BZA\APPR_DEN. LTR\Paul Cissell.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 1� i 0 • COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 PUBLIC HEAIRIl IG April 3, 2002 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE #08-02 OF PAUL CISSEL On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, April 16, 2002, at 3:25 p.m., in the board room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This is apublic hearing to consider Variance #08-02 of Paul Cissel, for a 12-foot rear yard setback variance to allow the addition of a deck. The property is located at 113 Appomattox Drive in Fredericktowne Estates and is identified with Property Identification Number 75J-8-13-245 in the Opequon 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, 46" , oavle4 Patrick T. Davenport Zoning and Subdivision Administrator PTD/ch 0.Wgendas\BZA\AD701NER\2002 Adj\Paul Cissel.wpd 107 North Kent Street - Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on 4 - 3 - p„ from the Department of Planning and Development, Frederick County, Virginia: 75J - 7-12.243- MUHAMMAD, ABU RADHI AZIZI & ZAINABU MONIFA 103 SOUTHAMPTON CT STEPHENS CITY, VA 22655.4011 75J - 8.13.253- GRAFF, DONALD D & PATRICIA R 112 APPOMATTOX DR STEPHENS CITY, VA 22655-4039 75J - 8.13- 246- COULON, PHILIP S JR & BARBARA W 111 APPOMATTOX DR STEPHENS CITY, VA 22655.4040 75J - 8.13- 252- EDWARDS, THOMAS L III & ANGELA G 110 APPOMATTOX DR STEPHENS CITY, VA 22655.4039 75J - 7.12.244- HARDY, MICHAEL L & CHRISTINE M 115 APPOMATTOX DR STEPHENS CITY, VA 22655.4040 75J - 8.13. 254. PACK, CHRISTOPHER D & SHEILA R 114 APPOMATTOX OR STEPHENS CITY, VA 22655.4039 75J - 8.13.245- CISSEL, PAUL 0 & MICHELLE J 113 APPOMATTOX OR STEPHENS CITY, VA 22655.4040 AqW I6( Patrick T. Davenport, Zoning Administrator Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK I, k1h f)nnHI) , a Notary Public in and for the State and County aforesaid, do hereby certify that Patrick T. Davenport, Zoning Administrator for the De artment of Planning and Development, whose name is signed to the foregoing, dated H • , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this ` day of My commission expires on e) ,I -+ L-Anu TARY PUBLIC Pa -�-s TO: Barba* ' Data Processing FROM: Carol - Planning Department Please print sets of labels by: page 3015 THANK YOU!! 14. The following names and addresses are all of the indi 'duals, 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: Property �N�6 j- J- a aq 3 Property ID# Address 03��1e �r Address S NAMED, % � (r r } Address 11,2 Property ID# �J — 13 a 5 3 4'' q NAME 4f (` i S ?c- C /(",- Property ID# �J — i3 - NAME b� - / c Wr Goa 4f"1 Property ID# Address y 5Afs Address / % / "a, �5S NAME Address W3 S D('- Property Pro a ID# � _ (4p J� , VA a,�(o `J cj % �" NAME I I� I- fAI Y�_ Address 110 dMcL-ft h (- Property ID# NAME Property ID# NAME Property ID# NAME Property ID# Address Address Address iN DEFD BOOK 859 AT P i HEREBY CERTIFY 0 • BZA REVIEW DATE: April 16, 2002 VARIANCE #08-02 PAUL D. CISSEL LOCATION: The property is located at 113 Appomattox Drive in Fredericktowne Estates. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 75J-8-13-245 PROPERTY ZONING & USE: Zoned RP (Residential Performance) District; Land use - Residential ADJOINING PROPERTY ZONING & USE: Zoned RP (Residential Performance) District; Uses: Residential. VARIANCE: 12-foot rear yard setback variance to build a deck. REASON FOR VARIANCE: Shallowness of lot and large areas of drainage easement (see #'s 12 and 13 on Page 2 of the application. STAFF COMMENTS: The property owner/applicant is proposing an attached deck to the rear of the existing dwelling. The proposed addition will extend from the house approximately 12' toward the rear property line. The Residential Performance (RP) Zoning District specifies the setback requirements for lots created within this subdivision as being: 3 5' front, 25' rear, and 10' for the sides. According to a plat submitted by the applicant, the existing dwelling is situated approximately 1.3 feet from the rear setback. All the properties adjoining the subject property contain existing dwellings. The applicant is requesting a 12' rear yard variance to enable the proposed construction. 0 Variance 408-02, Paul D. Cissel Page 2 March 27, 2002 STAFF CONCLUSION: The Code of Virginia, Section 15.2-2309(2) states that no variance shall be authorized by the Board unless it finds that a) strict application of the Ordinance would produce an undue hardship approaching confiscation; b) that such hardship is not shared generally by other properties in the same zoning district and the same vicinity; and c) that the authorization of such variance will not be of substantial detriment to adjacent property, and that the character of the district will not be changed by the granting of the variance. The undue hardship provision is not satisfied because the inability to construct a porch to an existing home does not constitute an undue hardship approaching confiscation. The second requirement is also not met because all lots within this subdivision must comply with the applicable RP Zoning District setbacks. Since two of the criteria outlined under Virginia Code §15.2-2309(2) have not been met, denial of this variance would be justified. O:\Agendas\BZA\Staff Report\2002\Paul Cissel.wpd GRAFF 75J 813 253 COULON 75J 813 246 PACK 75J 813 254 HEARNE 75J 813 255 75J 712 244 MUHAMMAD 75J 712 243 m _ i 1 75J 813 245 VAR #08-02 G Location Map For: Paul D. Cissel PIN: 75J - 8 -13 - 245 • 0 Page 1 of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA RECEIVED MAR 2 12002 MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner other (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: ' (: S S C NAME: ADDRESS l r 3 p ti-ffir) 4'� ADDRESS: TELEPHONE: �YD�B(o�l-3c-&,0 TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): r / I r �dM t S r'✓ `v►� SI�� 5 L�Yy - T� F 02 % 7 e F f c-, 11y `c'Y C_J'.y``Ch 4. The property has a road frontage of �1feet and a depth of // feet and consists of acres. (please be exact) 5. The property is owned by '-a, r ,t /%'l; /�e J . ��, s s z as evidenced by deed from 5� �� T 1v �rrse s recorded (previous owner) in deed book no. on page j 5-X 5' 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: �'f' �- (� fie' CJt%►� 7. 14-Digit Property Identification No.: %� 8. The existing zoning of the property is: WI- s1Q% 9. The existing use of the property is: 10. Adjoining Property: USE ZONING North e s I J, , East ° 5 South V=s S- I West .e s 11. Descr.ibe the variance.sought.-in terms of distance and type. (For example: "A.3.5' rear yard variance for an attached two car garage.") 12. List specific reason(.$) 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 rim 0 U li' /4k- /1^P !� iE' CZ ` 1 �r, t Y1 t" eC s-C -m e-, �L CJei(` f .-- �Z lo c. Ate° e..r- Mo n'r � C N.n --5'� rp , tkl �LVWa* A Ala �4019L-t- �m 13.com�iAatn Y �`V`7TiYj'C7!-��'--Lli, /,5�17 / /fit' 'Z.v�. �J-t,rt. C{� fJ 2 (U !� IN�P.y^- � t'��+7i�- t✓t-S .e. t d ` 0 0 page 3 of 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 "tJJ 11', Property ID# 1 NAME'i� l Property ID# Address Address 1 (S flJ> • '�J 4 NAME c,,, cz %� �� i'� � Address A rP71)a /" Property ID# (f`41 V4 ``y NAME C� k (It S c" Address Property ID# % V/4 NAME LC Property ID# Address / / / NAME Address. Property ID# NAME Address Property ID# NAME Property ID# NAME Property ID# NAME Property ID# Address Address Address L� 0 Page 5 of 5 AGREEMENT VARIANCE # O - OZ 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. fine- at,leasttseven (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 1 c�G1 SIGNATURE OF OWNER (if other than applicant) -OFFICE USE ONLY- DATE BZA PUBLIC HEARING OF `: - J)� - . 2L ACTION: - DATE - V_ APPROVAL (,0 c - = 'J' J""" SIGNED: �- BZA CHAIRMAN DENIAL DATE: t+ ( � Q I C2 Plat Map Borrower Client Cissell PropertyAddress 113 Appomattox Drive City Stevens City County Frederick Lender East West Morteaee State VA La Code 22655 / 0 3 — `l44 Q,*vr ? Al" Oe I 8 0 I 1 ."'IT �V I L.V 1 LA 12 ` A ...�..IIVI• I I L----------------- 8 1 20' DRAINAGE EASEMENT — S 21OW 2Au E 78.52' IRF �- IRF CABLE l EKED LOT LINE L- �-`t-- PED. I — - - - -__ lit /'` BRL 4�36.1 BAY I 1MNDOw z TWO STORY rs .— DWEWNG o -� M ,1�113 I o � zt l.�/ 1 I O I L vTlvlr p I �r*11 m PORCH I r 'cn 1_� 1-r5 w 1 4.5 r 1 246 IZ �I N 10,115 SQ t 5. o' s 20.2' 1 _ ` 35BRL I I Z ASPHALT DRIVEWAY — IRF _ IRF t8eTO R�7 )Da La97b�' SOU�AMPTON COURT CND = NZ6&5CrWW--97b7 APPOMATTOX DRIVE - 50' F-M NOTES: 1. NO TITLE REPORT FURNISHED. 2. PROPERTY IDENTIFICATION NO, 75J-8-13-245. 3. EASEMENTS MAY EXIST THAT ARE NOT SHOWN ON THIS PLAT. 4. IRF — IRON ROD FOUND BRL — BUILDING RESTRICTION UNE 5. DEED OF DEDICATION IS RECORDED IN DEED BOOK 859 AT PAGE 310. 6. THIS LOT IS SUBJECT TO A 20' SLOPE k DRAINAGE EASEMENT ALONG APPOMATTOX DRIVE AND A 10' UTILITY k DRAINAGE EASEMENT ALONG ALL PROPERTY LINES. FLOOD NOTE: ZONE: C COMMUNITY NO.. 510063 PANEL: 0200 B DATE.- 07-17- 78 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 AUGUST 21. 1998 AND THAT TO THE BEST OF MY KNOWLEDGE AND BELIEF THERE ARE NO ENCROACHMENTS OR VISIBLE EASEMENTS UNLESS SHOWN. LTH 67 Form MARPLAT — "TOTAL 2000 for Windows" appraisal software by a la mode, inc.—1-800-ALAMODE SCHEDULE "A" All that certain parcel of land in Opequon District, Frederick County, Virginia, designated as Lot 245, Section 13, Fredericktowne Estates, on that certain plat of survey dated February 21, 1996 by P. Duane Brown, C.L.S., of .record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, with the Deed of dedication in Deed Book 8,59 at Page 310; and further described by plat of survey by Charles E. Walls, Jr., L.S., dated August 25, 1998, and recorded in the aforesaid Clerk's Office in Deed Book 914 at Page 1589; And being the same property conveyed to Paul D. Cissel and Michelle J. Cissel by Deed from Satian Enterprises, Inc., dated September 4, 1998 of record in the aforesaid Clerk's Office in Deed Book 914 at Page 1587. Tax Map #75J-8-13-245 0 • 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 Master Development Plan Conditional Use Permit Site Plan Subdivision Variance r/ 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 dision 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 comments Other (Please specify) 6. What do you think could have been done differently to make this process quicker? e -� Z14 �'c i J S MU-"( 6 I —)I" 6HrJ 7. Do you have any suggestions about what we could do to make this process work better? t--70 ( 4— op- ( t- iye May 17, 1996 (K:\wp\corn\bah_cr\applic.rev)