HomeMy WebLinkAbout12-02 Alice L Good - Shawnee - BackfileBOARD OF ZONING APPEALS
Variance Request Tracking Sheet
Date:
4-0" File opened
� Reference Manual updated/number assigned
a D-base updated
One B&W location map requested from GIS
Two sets of labels requested from Data Processing
5 D File given to Renee' to update Application Action Summary
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MEETING DATE: a0 FINAL ACTION: '�P��n
CLOSE OUT FILE:
Approval (or denial) letter mailed to applicant/copy made for file
File stamped "approved", "denied" or 'withdrawn"
=' Reference Manual updated
D-base updated
File given to Renee' for final update to Application Action Summary
U: \Carol \Common\TRACKING. BZA
Revised 05/25/01
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FILECOPY COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
TO:
Finance Department
MEMORANDUM
FROM: Karen A. Cain, Receptionist/Office Assistant II
Q4"
SUBJECT: Return Of Sign Deposit
DATE: Tune 24, 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 #12-02. 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:
Ms. Alice L. Good
206 Ritter Road
Winchester, VA 22601
RSA/kac
U:\Karen\karens' stuff\Common\SIGNRTRN.LST\SIGNDEP.PER
107 North Kent Street - Winchester, Virginia 22601-5000
M6
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
June 20, 2002
Ms. Alice L. Good
206 Ritter Road
Winchester, VA 22601
RE: VARIANCE #12-02 ALICE L. GOOD
Dear Ms. Good:
This letter is to confirm that the above -referenced application was approved as requested by the
Board of Zoning Appeals at their meeting on June IS, 2002. Variance #12-02 of Alice L. Good was
approved for a 32-foot front yard setback variance from a private right-of-way for a proposed
addition to an existing residential dwelling. This property is located at 206 Ritter Road and is
identified with Property Identification Number 87A-1-39 in the Shawnee Magisterial District.
If you have any questions regarding this action, please feel free to call this office.
Sincerely,
1ps r
A,g-
�
Patrick T. Davenport
Zoning and Subdivision Administrator
PTD/ch
cc: Building Inspections
Jane Anderson, Real Estate
0: Wgendas\BZA\APPR_DEN.LTR\AIice Good.wpd
107 North Kent Street • Winchester, Virginia 22601-5000
BZA REVIEW DATE: June 18, 2002
VARIANCE #12-02
ALICE L. GOOD
LOCATION: The property is located at 206 Ritter Road.
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 87A-1-39
PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land Use - Residential
ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land Use -
Residential
VARIANCE: 32-foot front yard setback variance from a private right-of-way for a proposed
addition to an existing residential dwelling
REASON FOR VARIANCE: The applicant states that the size of the lot leaves no buildable area
using traditional five -acre lot setbacks. Additionally, the location of the septic tank in the rear yard is a
factor.
STAFF COMMENTS: The property owner/applicant is proposing an addition to the side of the
existing dwelling. The proposed addition will extend along the existing front building line approximately
20' toward the property line adjoined by a legally recorded right-of-way. Exhibit "A" is a house location
survey dated May 16, 2002, provided by Greenway Engineering. The exhibit illustrates the existing
conditions and proposed addition to the dwelling. The Rural Areas (RA) Zoning District specifies the
setback requirements for this property as being: 60' front from the 20' right-of-way (Breezy Acres Lane),
50' rear, and 50' for the sides. The other front setback off Ritter Road (SR 643) is vested at 40' as
indicated on the exhibit. The applicant would not need a variance to extend the existing dwelling along
the existing building line, parallel to Ritter Road, if Breezy Acres Lane was not located in its present
proximity to the dwelling. However, a variance is necessary for the front setback off Breezy Acres Lane
because of the right of way designation. The applicant is requesting a 32' front yard variance to enable the
proposed addition.
E
•
Alice L. Good Variance
Page 2
June 11, 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 adj acent property, and that the character of the district will not be changed by
the granting of the variance.
The applicant has indicated that there is no other location to construct the addition because of the
septic drain field location in the rear of the property. Breezy Acres Lane is a right-of-way serving less
than five residences. The inability to construct an addition to an existing dwelling does not constitute a
true hardship. However, given the circumstances of Breezy Acres Lane serving only a minimum
number of dwellings and the proximity of the existing dwelling to Ritter Road, the granting of this
variance would be appropriate.
O:\Agendas\BZA\Staff Report\2002\Alice L. Good.doe
76 A 59D
LOFTON
87A 1 39
GOOD, ALICE L
87A 1 38A
8 DODSON
87A 1 38
DODSON
76 A 120
WOLFREY
76 A 121
DODSON
76 A 122
DODSON
VAR# 12 - 02
Location Map For:
Good, Alice L
PIN:
87A- 1 -
0 30 60 Feet
Zmus
•
APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
•
r
1. The applicant is the owne ✓ other . (Check one)
2. APPLICANT: OCCUPANT: (if different)
NAME: nL-1C.0 L-. COOD
ADD moRESS o- 9 r 'TTL72
/
NAME:
ADDRESS:
TELEPHONE: SNO - 8(-9 - R a " TELEPHONE:
3. The property is located at (give exact directions and include
State Route numbers):
ao(a /LI rrCiL 204b
P.TG— 622- S o) i E1- Tb 1Zt rTe-Y- aLoA-o (P-rt 6,Y3
Go 314 r4 ► L-E pc3u5z o r-� Lt r i eE Fur
4. The property has a road frontage of /0`7, cI�.� feet and a depth
of 80, feet and consists of p,- acres. (please be
exact)
5. The property is owned by lqLi G 6 L _ C 00b
as evidenced by deed from Jut-4vl F. &0uQ recorded
(previous owner)
in deed book no. 5 on page �L'f 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:
.S 14 I\J s E
7. 14-Digit Property Identification No.:
8. The existing zoning of the property is: iz#7
9. The existing use of the property is:�`-
10. Adjoining Property:
USE ZONING
North
East
South
West
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1,
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11. Describe the variance sought in terms of distance and type.
(For example: "A 3.5' rear yard variance for an attached two
car garage.")
o�ern; �eU /V o /N tom& Rr O
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12. List specific reasons) why the variance is eing 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
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13. Additional comments, if any
page 3of5
14. The following names and addresses are all of the individuals, firms,
properties owning
the
property adjacent to the property for which the variance is bei P p se additional pages if
sides, rear and in front of (across street mail
the
subject property.
erry �
necessary.) These people will be notifd by
NAME IA -VA 'S Address________ } -
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Property ID# �
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Page S of 5
AGREEMENT
VARIANCE #
I (we), the undersigned, do hereby respectfully make application, and petition the Frederick
County Board of Zoning Appeals (BZA) to grant a variance to the terms of the Frederick County
Zoning Ordinance as described herein. I agree to comply with any conditions for the variance
required by the BZA.
I authorize the members of the BZA and Frederick County officials to go upon the property
for site inspection purposes.
I understand that the sign issued to me when this application is submitted must be placed at
the front property line at least seven (7) days prior to the BZA public hearing and maintained so as
to be visible from the road or right-of-way until the hearing.
I hereby certify that all of the statements and information contained herein are, to the best of
my knowledge, true.
SIGNATURE OF APPLICANT
DATE
SIGNATURE OF OWNER awl', DATE
(if other than applicant)
-OFFICE USE ONLY-
BZA PUBLIC HEARING OF ` 0 Q ACTION:
-DA -
_ APPROVAL
DENIAL
6 A5 oz
SIGNED: 0 A k I/A/
BZX 1'_VII
DATE:
EXHIBIT "A"
--"'TM 76—((A))-59E
LINE
BEARING
JAMES C. HEIDER, JR.
L 1
S
09'30'00
yr
\ & ✓ANET L. HEIDER
L2
N
53'38'l7"
W
47.78'
D.B. 658, PG. 805
L3
N
83'5637"
E
54.24'
ZONE. RA USE. RESL
L4
N
60'30'42"
E
46.73'
w
L5
N
38'09'24"
E
4712'
TM 76—((A))-59D
L6
N
45'36'12"
E
61.78'
OMER W. LOFTON
L7
S
70'21 '10" E
58.00'
31A
D.B. 597, PG. 85
ZONE. RA USE. RESI.
<J7
ZO'
Y ..
IS, B55O555, P
'OG
yg
,¢77
'c 62
O soo� BrREE _ ' PG 3Q
/V 2255,4 —
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G �0� P,� G / P IPF 7Y 87A—if1))-39
�15 �� Q ,�h� ALICE L. GOOD o o Z
62
� D� ZONE' R45. RESI.
IN,��: ��P� Q�,• /Q rn 34,190 SO. FT. w �\
�'saoC7� ^ .�
FRAME
BLDG. I
3 m
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AIA" 60' BRL
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PROPOSED
ADBMON o
F477 93.
h
832A
� 00' TO /NTX.
S 09'30'00" W 107.06'~PP
ROUTE 522
ROUTE 643 N RITTER ROAD
TM 87A—((1))-31A
40' RIGHT—OF—WAY
TM 87A—((1))-32A
MARY V. WILLIS
SEE SHEET 2 FOR
50 0 50
D. B. 228, PG.
24
NOTES, LEGEND,
ZONE. RA USE.
RESL
AND HOUSE DETAIL
GRAPHIC SCALE (IN FEET)
HOUSE LOCATION SURVEY
PARCEL 87A—((1))-39, 34,190 SO. FT.
OF G j
STANDING IN THE NAME OF Of
ALICE L. GOOD S '�
SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA DARREN S. FOL
SCALE: 1" = 50' 1 DATE: MAY 16, 2002 No.002257
GREENWAYYENGINEERING
HILL LANE
Engineers WINCHESTER, VA. 22602
Surveyors TELEPHONE: (540) 662-4185 'S
FAX: (540) 722-9528
Founded in 1971 www.greenwayeng.com 3352 SHEET 1 OF 2
1%�i121�14/UGG !� j d�7 Cv�afi, uat �`�n CX,' c4 �n;l gag
`� � 3IUv� /I��ai—�,plrr�m��" �n P/�ri►v►�s loc��,�n
4.01 44.5
CONCRETE
STOOP N HOUSE
& WALK
14.9'
BRL = BUILDING RESTRICTION LINES
IRF = IRON REBAR FOUND
IPF = IRON PIPE FOUND
PP = POWER POLE
PROPOSED
WDMON
29.8' — — 20.0'
0 6.0' 10.8'
�r
CONCRETE
STOOP
HOUSE DETAIL
SCALE 1" = 15'
D/W = DRIVEWAY
S/W = SIDEWALK
—E— = OVERHEAD ELECTRIC LINE
NOTES
1. NO TITLE REPORT FURNISHED. EASEMENTS OTHER THAN SHOWN MAY EXIST.
2. THE BOUNDARY INFORMATION IS SHOWN PER PLAT ENTITLED "SUBDIVISION OF MICHAEL AND
EDNA MOSCARELLA FARM'; RECORDED IN DEED BOOK 195 AT PAGE 421.
3. NO PORTION OF THIS PROPERTY LIES WITHIN THE 100 YEAR FLOOD ZONE AS SHOWN ON
F.I.R.M. COMMUNITY —PANEL # 51006J 0200 B, DATED JULY 17, 1978.
HOUSE LOCATION SURVEY
PARCEL 87A-((1))-39, 34,190 SQ. FT.
STANDING IN THE NAME OF
ALICE L. GOOD
SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA
SCALE: N/A DATE: MAY 16, 2002
GREENWAY ENGINEERING
151 WINDY HILL LANE
Engineers WINCHESTER, VA. 22602
Surveyors 'TELEPHONE: (540) 662-4185
FAX: (540) 722-9628
Founded in 1971 www.greenwayeng.com
TH OF
l
ARREN S. FOLTZ
No.002257
� SURVy .�
JJ52 SHEET 2 OF 2
f
I
COUNTY of FREDERICK
Department of Planning and Development
5401665-5651
FAX: 540/665-6395
June 5, 2002
PUBL!C FlEARIIIr
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S)
RE: VARIANCE #12-02 OF ALICE L. GOOD
On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public
hearing being held on Tuesday, June 18, 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 a public
hearing to consider the following two applications:
Variance #12-02 of Alice L. Good for a 32-foot front yard setback variance from a private right-of-
way for a proposed addition to an existing residential dwelling. This property is located at 206 Ritter
Road and is identified with Property Identification Number 87A-1-39 in the Shawnee 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,
�J6 �zjovv�A
Patrick T. Davenport, CZA
Zoning and Subdivision Administrator
PTD/ch
0AAGENDAS\BZAWDJ0INER\2002 ADJWLICE L. GOOD.DOC -
107 North Kent Street • Winchester, Virginia 22601-5000
C�
r
This is to certify that the attached correspondence was mailed to the following on
—s— 0 Z_,=, from the Department of Planning and Development, Frederick
County, Virginia:
16 -A- - 121- g7,A-(-36
DODSON, FRED W II
87A - 1- - 39-
225 RITTER RD
GOOD, ALICE L
WINCHESTER, VA 22602.4855
206 RITTER RD
WINCHESTER, VA. 22602.4850
87A - 1- - 35-A
LARGENT, MARK E & CHERYL LOWERY
76 - A- - 59-A
232 RITTER RD
SHUMAKER, HUGH K.
WINCHESTER, VA 22602.4850
144 HOMEPLACE CT
WINCHESTER, VA. 22602.4833
76 - A- - 59-D
LOFTON, OMER W.
155 HOMEPLACE CT
WINCHESTER,VA. 22602.4835
76 -A- - 119-
TAYLOR, GARY E
140 RITTER RD
WINCHESTER, VA 22602.4849
76 - A- - 120-
WOLFREY, DANNY L & JUDITH A
764 ARMEL RD
WHITE POST, VA 22663.1712
Patrick T. Davenport, CZA
Zoning and Subdivision Administrator
Frederick County Planning Department
STATE OF VIRGINIA
COUNTY OF FREDERICK
I, Dtm jn to l ` , 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, Fjne, - awa , has
personally appeared before me and acknowledged the same in my State and County aforesaid.
Given under my hand this �!fth day of dune, wai
My commission expires on Ru ar, / a ,2) a 003
���"I ! Icy
�ARY PUBLIC
VI u 'V` I\pftly O: Barbara in Data Processing
Page 3 of 5
names and addresses are all of thi FROM: enrol Huff . Planning Department
14. The following sets of labels by:
property
adjacent to the property for which the varianc+ `Please painter 'HANK YOU!!
sides, rear and in front of (across street mmofs
*-
necessary.) These people will be notifd y . -
� � Address----- � � y �
NAME v � 5 its � �-�-"� � N L - ��
mop rtY
NANE
c�c
Address `S � M � C-
77
'Property ID# 7
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NAME r V�
'/Property ID#
NAME
✓'Property ID#
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rproperty ID# 121
NAIviE
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Address
Address,
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Address 2u�C
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Property ID#
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NAME
Property ID# 87 A- 36 A
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