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Home My WebLink About03-01 Kitty Hockman-Nicholas - Back Creek - BackfileI N Date: BOARD OF ZONING APPEALS Variance Request Tracking Sheet File opened Reference Manual updated/number assigned V-' D-base updated ,/ 1I®r location mapt requested from GIS ,/ Two sets of labels requested from Data Processing D/ File given to Renee' to update Application Action Summary MEETING DATE: FINAL ACTION: AMROVED 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OUT FILE: Approval (or denial) letter mailed to applicant/copy made for file File stamped "approved", "denied" or "withdrawn" Reference Manual updated D-base updated File given to Renee' for final update to Application Action Summary U:\Caro1\Common\TRACKING. BZA Revised 11/7198 Received From Address a For 1 ACCOUNT AMT. OF ACCOUNT AMT. PAID BALANCE DUE /-. Date 002141 IV C kc�c, CASH CHECK MONEY Y! . ORDER_ B 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 March 21, 2001 Mrs. Kitty Hockman-Nicholas Hedgebrook Farm 690 Shady Elm Road Winchester, VA 22602 RE: VARIANCE #03-01 OF KITTY HOCKMAN-NICHOLAS Property Identification Number 74-A-67B and 67C Dear Mrs. Hockman-Nicholas: This letter is to confirm that the above -referenced application, for a 50-foot rear yard variance to create a buildable lot, was approved by the Board of Zoning Appeals at their meeting on March 20, 2001. If you have any questions regarding this action, please feel fee to call this office. Sin 4 y, EAc—R. Lawrence, AICP, CZA Deputy Director ERL/ch cc: Inspections AAHockman-Nichol as. wpd 107 North Kent Street • Winchester, Virginia 22601-5000 BZA REVIEW DATE: 03/20/01 VARIANCE #03-01 KITTY HOCKMAN-NICHOLAS LOCATION: The property is located at 690 Shady Elm Road. MAGISTERIAL DISTRICT: ��aC� ere el< PROPERTY ID NUMBER: 74-A-6713 and 67C PROPERTY ZONING & USE: Zoned RA (Rural Areas) District Use: Vacant ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District Uses: Residential and Agricultural VARIANCE: The applicant is requesting a 50-foot, rear yard setback variance to create a buildable lot. REASON FOR VARIANCE: The variance is being sought due to the exceptional narrowness of the existing lot which was created before current restrictions were placed in the ordinance. As presently zoned and with applicable building restriction lines, the allowable buildable space is 25.5 feet from east to west. This does not allow for a normal size house (28' x 40' or larger) to be built without setback encroachment. STAFF COMMENTS: The applicant presently owns two parcels, each approximately 1.1 acre in size. The applicant has submitted to the County a lot consolidation plat that combines these two parcels into a single 2.2-acre lot. This variance request would apply to this 2.2-acre lot ("subject property"). The subject property is presently wooded, and vacant in terms of use. The subject property is adjoined on the north and west by agricultural uses. The properties to the east and south contain residential uses. All properties are zoned RA (Rural Areas). Kitty Hockman-Nicholas, Variance #03-01 Page 2 March 13, 2001 Section 165-55.A(2) of the Zoning Ordinance establishes the rear yard setbacks for principal structures in the RA Zoning District. The adjoining property to the rear of the subject property is presently agricultural; therefore, the required rear setback is established at 100 feet. The applicant is the Trustee of the agricultural property adjoining the subject property's rear (western) boundary. While the applicant currently does not have plans to construct a residence on the subject property, she is seeking the requested variance in order to confirm that the property may accommodate a home. When the subject property is overlaid with the required setbacks,, the property's buildable area is significantly limited. The requested 50-foot setback variance would enable the 2.2-acre lot to contain a house footprint of similar size to the adjoining property's residence. 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 unusual size and location of the subject property, when considering the adjoining properties, creates a unique situation. In addition, the applicant's intention to consolidate two legally non- conforming parcels (in terms of size) into a single 2.2-acre lot increases the property's conformity with the Zoning Ordinance. The establishment of a single 2.2-acre parcel, with the reduced setbacks are requested, maybe less intrusive to the adjoining properties. Staff feels that based on the specifics of this site, it would be reasonable to allow the variance as requested. O:\Agendas\BZA\StaffReport\2001\Kitty Hockman.wpd MADI GAN 62 A 81 LONG CREEK FARM, INC. 62 A 40 EDDY 74 A 67A JENKINS 62 A 83 NI CHOLAS 74 A 67B 63 A 60 HOCKMAN LAHMAN 74 A 67 74 A 67C 74 A 67B VAR#01-01 Location Map For: Kitty Hockman - Nicholas PIN: 74-A-67B 74 - A - 67C m Office of Mapping and GIS, 03101, Agray Page 1 of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA RECEIVED FEB 2,�2001 -TOT nr 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) NAME: Kitty Hochman Nicholas ADDRESS 690 Shady Elm Road NAME: ADDRESS: Winchester, VA 22602 TELEPHONE: 869-2622 TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): Approximately 1,350 feet north of Virginia Secondary Route 651 (Shady Elm Road). 4. The property has a road frontage of 527 feet and a depth of 215 feet and consists of 2.268 acres. (please be exact) 5. The property is owned by Kitty Hochman Nicholas and Robin Hochman Eddy as evidenced by deed from Robert E. and Kitty B. Hochman recorded (previous owner) in deed book no. 610 on page 728-730 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: Back Creek 7. 14-Digit Property Identification No.: 74-A-67B and 67C 8. The existing zoning of the:property is: RA 9. The existing use of the property is: Residential/Vacant 10. Adjoining Property: USE ZONING North Agricultural RA East Residential RA South Residential RA West Agricultural RA 11.. Describe the variancesought in.terms of distance and type. (For.example:. "A 3.5' rear yard variance for an attached two car garage.") 50-foot rear yard variance along the westerly property line 12. List specific reason(s):.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 Due to the exceptional narrowness of the existing lot which was created before current restrictions were placed in the ordinance, a 50-foot .rear yard variance is requested to allow for a buildable space on this property. 13. Additional comments, if any As presently zoned and with, applicable building restriction lines, the allowable buildable space is 25.5 feet from east to west. This does not allow for a normal size house (28' x 40' or larger) to be built without setback encroachment. 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: 976 Springdale Road NAME Long Creek Farm, Inc. Address Winchester, VA 22602 Property ID# 62-A-40 690 Shady Elm Road NAME Kitty B. Hockman, Trustee Address Winchester, VA 22602 Property ID# 74-A-67 NAME Michelle Lahman Property ID# 74-A-67A NAME James Warden Jenkins, Jr. Property ID# 62-A-83 NAME Property ID# NAME 227 Soldiers Rest Lane Address Winchester, VA 22602 243 Soldiers Rest Lane Address Winchester, VA 22602 Address Address Property ID# NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# NAME Address Property II7# APHIC SCALE so 0 Jo eo 120 P 1 inch so ft6��• P 251 • TOLE ,8G- FP� �5 EXISTING DRAINF10D EASEMENT DB 933 PC 172 TM 74-A-676 2.268 ACRES ZONED: RA USE.- RESIDENTIAL I I n TRACT ILNE HEREBY p I EX. APPRD\ D WELL SITE l DB 933 PG 171I o N h N I 1 PROPOSED DNELUNG C� 36k46' I � �O Z� I LOT 3 O -LOT 2 _v 2 AUu I- g- 4V`EX. DRAINFl EASEMENT �W :.. HEREBY ACATED DB 933 PG 171 n PROPOSED.. 50' BRL i RESERVE . �DRAJNFIELD . 4R 41 .4T I S 7942'16" W 215.52' NOTFS MICHELLE LANMAN 1. NO 777LE REPa4T FURNISYED 2 EA.SEWD S OP0? THAN SYONN MAY D7Sr. DB 967 PG 1818 o -1 BOUNDARY 1NF"Anav si/ W HDWav TAKEN TM 74-A-67A 1�M aE eY LEEE A. EREMW °AeER?�s SDO � ZONE: RA USE: RESIDENTIAL RECO4DfV /N D® BOOK 610 AT PA6E 732 f7NAL PLA T CONSOLIDA 77ON OF LOT 2 AND LOT 3 /NTO LOT 2A BACK CREEK MAGISTERIAL DISTRICT fREDER/CK COUNTY, NRG/N/A DATE.• FEBRUARY 23. 2001 SCALE.- 1"-60' ID 2401 SHEET 2 OF 2 i J M 0 �cQ 0 M t0 co w z 0 AREA TABULA 770N LOT 2 - 1.134 AOYES LOT 3 - f 1.134 ACRES LOT 2A 2.268 ACRES TH OF L�'r I 9 Douglas C. Legge No. 001197 /Rd�'D SURQ��.►� TH LOUDOUN SET MARSH & L E G G E SC60 HESTER, VIRGINU 2226601 Land Surveyors, P.L.C. PH FAX (540) 667-0469 AWS Page 5 of 5 AGREEMENT VARIANCE #3 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 tome when this application is, submitted must be placed at the front property. line. atleast 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 ATE 02 / 2 3 / 01 ty Hockman Ni holas SIGNATURE OF OWNER DATE (if other than applicant) BZA PUBLIC HEARING OF APPROVAL -OFFICE USE ONLY- ZO ( G 1 ACTION: - DATE - SIGNED:_ 1 _ BZA CHAIRMAN DENIAL DATE: GRAPHIC SCALE 60 0 30 60 120 1 Inch - 60 ft. EXISTING DRAINFIELD EASEMENT DB 933 PG 172 TQ P z\G i / 2gy1. 01 74—A-67B ?68 A CRES ZONED. RA .- RESIDEN77AL TRACT (LINE HEREBY �ACATED J N , g , x" EX. DRAINFIE EASEMEN HEREBY WACATED DB 933 PG 171 �-, PROPOSED. 50+ BRL. RESERVE DRAINFIELD 41' 4t O I EX. APPROVEDI WELL SITE DB 933 PG 171 a h "ROPOSED I ^ 1 1 ` F= D HELLING C9 vS 36'x46' LOT 3_ _I — —LOT _v0_ Uj C) 2 F� 2 1t< I m GO � W Co Z O C) Qi I T ((n 41 S 79 42'16" W 215.52'NO Z ES- MICHELLE LAHMAN 1. NO 777LE REPORT FURNI-WED. 2 EA.SEZIENTS OCHER MAN SHONN MAY EMST. DB 967 PC 1818 J. BOUNDARY INFORMAAON &YONN HEREON TAKEN 74-A-67A :2 FRom PLA T of, RECORD DA 1E0 11 SEPT w&R TM 1975 RUDE BY LEE" A. EAD4T, L.S, AND ZONE: RA USE: RESIDENTIAL RECORDED IN DEED BOOK 610 AT PAGE 732. ID 2401 FINAL PLA T CONSOLIDA 110N OF L 0 T 2 AND L 0 T 3 INTO LOT 2A BACK CREEK MAGISTERIAL DISTRICT FREDERICK COUNTY, WRGINIA DA 7F.- FEBRUARY 23, 2001 SCALE.- 1`--60' SHLET 2 OF 2 AREA TABULA T/ON LOT 2 N 1.134 ACRES LOT 3 - + 1.134 ACRES LOT 2A N 2.268 ACRES TH O.F o f U � Douglas C. Legge No. 001197 sultls� NNORTH S22MARSH & LEGGE WIVIRGINIA601 Land Surveyors, P.L.C. PxFAX (540) 667-0469 AWS 728 -cc C G 0 .o N #607 ROBERT E. HOCKMAN, ET UX TO: DEED OF GIFT II KITTY HOCKMAN NICHOLAS OX6 1 0PG718 THIS DEED OF GIFT, made and dated this Fb,e,, i ,ram day dey of Olc�, , by and between ROBERT E. HOCKMAN and KITTY B. HOCKIIAN, his wife, hereinafter referred to as Grantors and KITTY HOCKDLhN NIC1,OLAS, hereinafter referred to as Grantee. NOW THEREFORE, in consideration of the premises, the natural love and affection of Robert E. Hockman and Kitty B. HOCkman for their daughter Kitty HOckman Nicholas and other good and valuable consideration, the receipt of all of which is hereby acknowledged, the Grantors do hereby grant, bargain, sell and convey, with general warranty of title to Kitty Hockman Nicholas as feme sole to be her equitable and separate estate free and clear of the lien or interest of her present or future husband the following described property: All that certain lot of land in Back Creek t1agisterial District, identified as Lot 2 and said to contain 1.134 acres rtore or less as shown on the plat and sue, of Lee A. Ebert, C.L.S. dated September 11, 1975 and recorded as part of a Deed of Gift from the same Grantors recorded im:ndiately pig this in and being a'portion of Tract B Of the property conveyed to the Grantors herein by Deed Of Gift dated April 20, 1982 recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 546 at Page 604. This conveyance is :Wade subject to all easements, rights of way and restrictions of record affecting the subject property and particularly that 30' right of way shown on the aforesaid Plat. The Grantors do hereby covenant that they have the right to convey to the Grantee, that the Grantee shall have quiet and peaceful possession of said property, and that they will grant such further assurances of title as may be requisite. WITNESS the following signatures and seals: RCBERT HOCKHl.N '(SEAL 9 729 eK6 I OFG719 STATE OF VIRGINIA, AT LARGE L to -wits The foregoing Deed of Gift was acknowledged before me this Ilk_ day of �ix" `1 /9B6 �S, by Robert E. fiockman and Kitty B. Hockman, his wife. Hy commission expires �lgnwA IREOI C% roU7Ry. 6 T Inftum«11 01 M Ury W44 PtWUrod to rr,r on tnr Ur.cau a I —"7... bry a-a]�-1�., o.. l9 8 b r«a.A. k'otmrnt Wnm r � � AMDn V. ■AOUH • ro.vice 730 �7C r c J (,w- ********�t��rt,f**,t,t********�*mot I #608 ROBERT E. HOCKMAN, ET UX IITO: DEED OF GIFT ROBIN HOCKMAN EDDY B96IOPG730 THIS DEED OF GIFT, made and dated this day cf F %.fu4e /9&' , 1985, by and between ROBERT E. HOCKMAN and KITTY B. HOCKMAN, his wife, hereinafter referred to as Grantors and ROBIN HOCKMAN EDDY, hereinafter referred to as Grantee. NOW THEREFORE, in consideration of the premises, the natural love and affection of Hobert E. Hockman and Kitty B. Hockman for their daughter Robin Hockman Eddy and other good and valuable consideration, the receipt of all of which is hereby acknowledged, the Grantors do hereby grant, bargain, sell and convey, with general warranty of title to Robin Hockman Eddy as feme sole to be her equitable and separate estate free and clear of the lien or interest of her present or future husband the following described propertyi Althat cerain lot of land in Back Creek Magisterial Districlt, identified as Lot 3 and said to contain 1.134 acres more or less as shown on the attached plat and survey of Lee A, lbert, C.L.S. dated September 11, 1975, reference to which plat and survey is made for a more particular description of. the property conveyed hereby; and being a portion of Tract B Of the property con%vyod to the Grantors herein by Deed of Gift dated April 20, 1982,recorded in the Office of the Clerk Of the Circuit Court of Froderick County, Virginia in Deed Dx)k 546 at Page 604. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property and particularly that 30' right of way shown on the %ttachod plat. The Grantors do hereby covenant that they have the right to :onvey to the Grantee, that the Grantee shall have quiet and >eaceful possession of said property, and that they will grant such furthe - assurances of title as may be requisite. WITNESS the following signatures and ■ealsi C J 0 e 731 I 8K610PG731 �•✓ (SEAL) ' TTY 1 CKMAN I STATE /OF VIRGIINNIA, AT LARGE ede4 �, to -Mitt The foregoing�e.�Deed Of Gift wall acknowledged before me thin jA day of C.rbl�otk' r /Lag3, by Robert E. 11ockman and Kitty B. Hockman, his wife. My commission expires ,,2 _ /0.R9 • Marsh & Legge Land Surveyors, P.L.C. 560 N. Loudoun Street Winchester, Virginia 22601 540-667-0468 I ► � WE ARE SENDING YOU X THE FOLLOWING ITEMS _ ATTACHED PLATS x HAND DELIVERED _ PLANS — UNDER SEPARATE COVER _ PRINTS Present Date: 2/23/01 Job No: 2401 Attention: Mr. F,ric Lawrence Re: Final Plat Consolidation CUTSHEET OTHER COPY OF LETTER COPIES DATE DESCRIPTION 3 2/23/01 FINAL PLAT CONSOLIDATION OF LOT 2 AND LOT 3 INTO LOT 2A I 74-A-67B — DEED OF GIFT 1 74-A-67C— DEED OF GIFT 1 CHECK #1005 IN THE AMOUNT OF $250.00 1 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA ji ARE TRANSMITTED: _ FOR APPROVAL X FOR YOUR USE FOR REVIEW OR COMMENT .X AS REQUESTED REMARKS APPROVED/SUBMITTED APPROVED/AS NOTED RETURN/CORRECTIONS RETURN WITH SIGNATURES RECEIVED FEB 2 � 2001 DEPT, OF PLANNINIGIDEVELOPMENT COPY TO: SIGNED Douglas C I.e_gge,, L-S_ u ti March 7, 2001 • • COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 INI itIFICAtI JAI OF PUBLIC HEARING TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE:. APPLICATION OF KITTY HOCKMAN-NICHOLAS, VARIANCE #03-01 On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on March 20, 2001, at 3:25 p.m. in the board room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This hearing is to consider the application of Kitty Hockman-Nicholas for a 50-foot rear yard variance to establish a buildable lot. This property is located approximately 1,350 feet north of Shady Elm Road (Route 651) and is identified with Property Identification Numbers 74-A-67B and 74-A-67C in the Back Creek 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 (temporary Loudoun Street Mall location) the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Si Eric—R. Lawrence, AICP, CZA Zoning Administrator ERL/ch A AHockman-Nicholas. wpd 107 North Kent Street - Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on 0 from the Department of Planning and Development, Frederick County, VWma: � 62 • A. • 40- - - - - - - LONG CREEK FARM, INC. % C MESSICK 976 SPRINGDALE RD WINCHESTER, VA 22602.2546 74 -A- - 67. - HOCKMAN, KITTY B, TRUSTEE 690 SHADY ELM RD WINCHESTER, VA 22602.2525 52 -A- • 81- MADIGAN, MAGGIE CIO EUGENE LUPTON 3735 MIDDLE RD WINCHESTER, VA STATE OF VIRGINIA 22602.2515 COUNTY OF FREDERICK 74 A- • 67-C LAHMAN, MICHELE 227 SOLDIERS REST LN WINCHESTER,VA 22602 - j 62 • A• 83- JENKINS, JAMES WARDEN JR. 243 SOLDIERS REST LN WINCHESTER, VA 22602-2578 i le - 0 Eric qt ta rence, Zoning Administrator Frederick Co. Planning Dept. I, i�Cflg Ann ICI � f , a Notary Public in and for the State and County aforesaid, do hereby certify that Eric R. Lawrence, Zoning Administrator, for the Department of Pljni7 and Development, whose name is signed to the foregoing, dated has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this J day of nr'Lh , c-ai My commission expires on Qyo3 �' t1k:1L Pov ARY PUBLIC TO: Barbara in Data Processing FROM: Plan Department Please print sets of labels by: S_ 2� THANK YOU!! 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: 976 Springdale Road NAME Long Creek Farm, Inc. Address Winchester, ETA 22602 Property ID# 62-A-40 690 Shady Elm Road �D�'��Q�f-NAME Kitty B. Hockman, Trustee Address Winchester, VA 22602 Property ID# 74-A-67 227 Soldiers Rest Lane NAME Michelle Lahman (7 N .14 - 470 Address Winchester, VA 22602 6,-2. Property ID# A-A-67A 243 Soldiers Rest Lane NAME James Warden Jenkins, Jr. Address Winchester, VA 22602 Property ID# 62-A-83 NAME Address Property ID# NAME Address Property ID# 6,2 A (o ? NAME Address Property ID# Z k I- J e. nJoi 5t. ec X kY'Cck is ¢ht One yo" ►n" A a -7 y A (07G 4- a- i `f W (07 4 NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# Mapping ST. Graphics Work Pequest Aw vxw` Frederick County Department of Planning and Development DATE: REQUESTING AGENT: DEPARTMENT/AGENCY: ADDRESS: FAX: I PHONE: E-MAIL ADDRESS: t DESCRIPTION OF REQUEST: Vo-r l Q n C e 03 I 01 x OcKma�-NtCG�elas �-( p Ns 7¢ A-05 aJ '74 - H-C 7 �-- I2EQUESTED COMPLETION DATE: COST OF FINISHED PRODUCT: - PROTECT TRACKING - n A TIP TNTTT A T C PROJECT REQUEST RECEIVED: PAYMENT RECEIVED: FINAL, PRODUCT DESCRIPTION: PROTECT COMPLETION DATE: PROTECT DELIVERY/PICK-UP: MATERIALS AND SUPPLIES USED: ESTIMATED STAFF WORK TIME: NOTES: