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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 klA-� 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OUT FILE: Approval (or denial) letter mailed to applicant/copy made for file File stamped "approved", "denied" or 'withdrawn" =' Reference Manual updated D-base updated File given to Renee' for final update to Application Action Summary U: \Carol \Common\TRACKING.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 I ' SH RECEIPT Date Received From Address t� For - 0 x ACCOUNT AMT J HOW CASH PAID �z— 0 CL w ACCOUNT N AMT PAID CHECK r 1 BALANCE MONEY ORDER 0 By/ DUE « CREDITCARD❑ • SH ~i n 6M 00263� o - E I PT:, Date Received From e Address R god � For : ,, r-�" ..�� ':�,�� i.a.` ` 0 s U LA AMT OF ACCOUNT CASH C.i AMT. PAID CHECK BALANCE MONEY ORDER By DUE CREDIT CARD 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 i D El,JTi S'rl- i i�-� li 1, of 3`1 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 Q 3�� F—cpuc:rlofiyF- pao,Nr Sock- �v ?,Z-k fyl-c L-AN-- Lie/VVJ 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 S i IC vF- uU—i LERvcS qo C��' �-►�/�C3i� f�(t-� - 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________ } - i NC.-. Property ID# � NAME 0 N'+e i� W . Address 140H CT - Pro ID# "71 " )) � �" b T- � �r "� Address NAME Property ID# �' � n - p 0L'r- Address % (O A2M �' NAME I /!1 �`' ` V A Property ID# `711 f 2-0 )A,�-3.t Address NAME g < tj C-.- Property ID# 6!2 �% �' 12- NAME -D � Address � � �' a C- .-�-c��2 Property ID# g7 �- - (C 1 3S ,- � v-- L � Address - NAAPL- ME Property ID# 87 /--1 , 3!5 A NAME V-` Address_ Property ID# 5-7 A- CC I1) 5-3A NAME VA AA � � o � Address_ Property ID# 7 A- IAtw�l Q. Address Property ID# E �" A- W V or (�, (Z, c i�c ti_. IL c7►acu • i £b9 31 n o?j OVA r��•� t02 VNINNVId JO •1d30 ,LO'LOI- ,0£.60N AlNnm *A'�lti303tlJ i .. 03 AOtIddV 0 3 003 A l N n00 vO I t130 3w (9) 30In108nS Z-91 NOUMS a� Of K O G i* �► 611 N I10 ( u,�w I m L :10 co Oct 1p Ulf 1��DS �9/v v? . +40 �a 10*001 8c' 1 3DE.80Nts— Nop 'li 40S 00909'L — 9 'LJ*IDS S'L96'Z _ V •es .V y 4V� c M,L£,9 , m� �e �'�►� 09 O� ,pC. ..I a ^ < I E9 nra SSS ,00a e . a i► y � A db i £9 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 — Q ff JCL � 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 / O ( OPEN h I m 0 SHED I O p ap &)fT CONE. AIA" 60' BRL Q / CO FH �Qti S�1 c� C'i� J mLd 0) 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 �� NAME r V� '/Property ID# NAME ✓'Property ID# � 2p � rproperty ID# 121 NAIviE UJ, IN I NO Address 2 Address Address, 7Cv4 A Ht u3 �25 (L i tTl - ►2 'l� Address 2u�C W\ b N L . \4 lac r—c�ritdv�2. Property ID# Address NAME Property ID# 87 A- 36 A �. )� — '' g- P-'� is .� �L--�--- %t-3 unncr