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HomeMy WebLinkAbout07-01 Glen W Russell (Lot 30 - Red Fox Run) - Shawnee - 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 Two sets of labels requested from Data Processing 53.0 1 File given to Renee' to update Application Action Summary MEETING DATE: - FINAL ACTION: APPROVED CLOSE OUT FILE: Approval (or denial) letter mailed to applicant/copy made for file r/ File stamped "approved", "denied" or "withdrawn" Reference Manual updated ✓ D-base updated (a- 0 "0 / File given to Renee' for final update to Application Action Summary U TarohCommon\TRACKING.BZA Revised 05/25/01 •SH _ 0029 ' RECEIPT Date J Received From oaq,4 IrIJAJ Address > Dollars $ a W_ asFor svyt�oACCOUNT HOW.�a o S1~M AMT. N ACCOUNT CASH W FLLL• AMT PAID BALANCE DUE MONEY ORDER BY COUNTY of FREDERICK Dela81IMent Of Planning and Developnient: 540/665-5651 FAX- 5401665-6395 MEMORANDUM TO- Finance Department FROM; Karen A. Cain, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: June 25, 2001 The amount of $100.00 was deposited in line item #10-1911-08 for the business named below as a deposit for two signs for Variance Applications #07-01 and #08-01, Red Fox Run Subdivision, lots 29 & 30_ 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 $100.00 to: Olen W. Russell 270 Panarama Drive Winchester, VA 22603 RSA/kac AILE COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 June 20, 2001 Mr. Glen W. Russell 270 Panarama Drive Winchester, VA 22603 RE: VARIANCE #08-01 for Property Identification Number 64D-8-29 (Lot 29) VARIANCE #07-01 for Property Identification Number 64D-8-30 (Lot 30) Dear Mr. Russell: This letter is to confirm that the above -referenced applications were approved by the Board of Zoning Appeals at their meeting on June 19, 2001. Specifically, the approvals were for the following: Variance Application #07-01 for Lot 30 at Red Fox Run was approved for a 1.1-foot front yard and 0.4-foot right side yard setback variance for an attached porch. Variance Application #08-01 for Lot 29 at Red Fox Run was approved for a one -foot front yard and 0.6-foot left side yard setback variance for an attached porch. These properties are located off of Front Royal Pike (Rt. 522) in the Red Fox Run Subdivision at the end of McClure Way in the Shawnee Magisterial District. If you have any questions regarding these actions, please feel free to call this office. Sincerely, Patrick T. Davenport Zoning Administrator PTD/ch cc: Building Inspections O. Wgenders\BZA\APPR_DEN.LTR\GlenRmsell_lots29&30.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 0 0 BZA REVIEW DATE: 6/19/01 VARIANCE #07-01 RED FOX RUN, LOT 30 (Glen W. Russell) LOCATION: This lot is located at 159 McClure Way in the Red Fox Run Subdivision off of Front Royal Pike (Rt. 522). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 64D-8-30 PROPERTY ZONING & USE: Zoned RP (Residential Performance) District; Land use - Residential ADJOINING PROPERTY ZONING & USE: Zoned RP (Residential Performance) District; Land use - Residential Lots, Classified Open space and Undeveloped. VARIANCE: The applicant is requesting a 1.1-foot front yard and 0.4-foot right side yard setback variance for an attached porch. REASON FOR VARIANCE: No reason listed. STAFF CONCLUSION: The Residential Performance (RP) Zoning District specifies the setback requirements for lots created within this subdivision. The required setbacks are as follows: 35 feet front, 25 feet rear, and 10 feet for the sides. The dwelling on this lot was recently completed and the required building permit setback report discovered that a portion of the house (front porch) violates the setback requirements. The Frederick County Zoning Ordinance requires that a licensed surveyor shall establish the location of a primary structure that is located five feet or less from any minimum setback requirement. Three steps comprise the survey standards when required. The first step requires a footing location stakeout. The second step involves the physical location of the footers. The final step is a mid -construction survey to be completed which verifies the location of the rough framing features. The survey of the rough framing includes verifying the location of the foundation, all exterior walls and the roof system. The footing location survey completed on November 6, 2000, reported that the building was in compliance with the applicable setbacks. The mid -construction survey completed on May 8, 2001, reported that the front porch was constructed with front yard and left side yard setback violations. The front porch was determined to extend 1.1 feet into the front yard setback and 0.4 feet into the right -side yard setback. The variance is being sought to alleviate the setback violations. 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 of the following two reasons: 1) Financial loss (incurred by a construction modification)- standing alone can not establish hardship sufficient to justify the granting of a variance and 2) All lots within this subdivision must comply with the RP Zoning District setbacks. Also, no evidence exists that the present location of the house is due to unusual topographic features, utility easements or special adjoining property uses. However, upon inspection of the subject property, the setback violations do not pose an obvious substantial detriment to adjacent properties and the character of the zoning district. A temporary certificate of occupancy permit has been issued for the dwelling. Since two of the criteria specified in § 15.2-2309 (2) have not been met, denial of this variance would be justified. O:Wgendas\BZA\Staff Report\2001\RedFoxRun_Lot30.wpd i JENI COMPANY 64 A 40 RUSSELL, LARRY A 64D 8 31 RUSSELL, GLEN W p 64D 8 30 RUSSELL, GLEN W 64D 8 29 JENI COMPANY 64D 8 29A VARM07 01 Location Map For: Red Fox Run Lot 30 PIN: 64D - 8 - 30 Office of Mapping and GIS, 06/01, Agray • RECEIVED Page 1 of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA MAY 18 2001 DEPT, OF PLANNING/DEVELOPMENT 1. The applicant is the owner _X— other (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: Glen W. Russell NAME: ADDRESS 270 Panarama Drive ADDRESS: Winchester, Virginia 22603 TELEPHONE: 662-7083 TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): Off Route 522 (Front Royal Pike) in the Red Fox Run Subdivision. From Winchester proceed south on Route 522, turn left onto Grindstone Way, then turn right onto McClure Way. The said lot is located at the end of McClure Wav on the cul-de-sac. 4. The property has a road frontage of 52.2 feet and a7vdPep�Ph of 126 feet and consists of 0.3606 acres. (please be exact) 5. The property is owned by Glen W. Russell and Pamela L. Russell, his wife as evidenced by deed from Jeni Company recorded as Instrument No. 000013608 (previous owner) xk'RxAxb00kXo=x axe 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: Shawnee 7. 14-Digit Property Identification No.': 64D-8-30 8. The existing zoning of the.property is: 9. The existing use of the property is: Residential 10. Adjoining Property: USE ZONING North i. Vacant RP East Open Space RP 'South Residential RP West Residential RP 11. Describe the variance soughtin terms of distance and type. (For example: "A 3.5' rear yard.variance for an attached two car garage.") A 1.1-foot front yard and a 0.4-foot right side yard variance for .;an attached porch. Existing porch does not encroach into storm or sanitary sewer easements.. 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 13. Additional comments, if any 0 page 3 0( 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 Larry A. Russell, et ux Address 338 DPhavon Pr;ve Clearbrook, VA 22624 Property ID# 64D-8-31 NAME Glen W. Russell, et ux Property ID# 64D-8-29 Address 270 Panarama Drive Winchester, -VA 22603 NAME Glen W. Russell, et ux Address 270 Panarama Drive Winchester, VA 22603 Property ID# 64D-8-28 NAME Jeni Company Address P. 0. Box 888 Winchester, VA 22604 Property ID# 64-A-40 NAME Property ID# Address NAME . Address Property IN NAME Property IN 1": Property ID# NAME Property ID# NAME Property ID# Address. Address. Address Address Page 5 of 5 AGREEMENT VARIANCE It O 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 rights -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 G.� .�wv� DATE (if other than applicant) -OFFICE USE ONLY: BZA PUBLIC HEARING OF ACTION: DATE - APPROVAL SIGNED: d /� A CHAIRMAN DENIAL DATE: • • County of Frederick Setback Report PERMIT NUMBER: 0002264 - 2000 Winchester VA 22601 USBC: 1996 LIEN AGENT: APPLICATION DATE: 11/08/2000 ISSUANCE DATE: RENEWAL DATE: DATE: 11 /28 /2000 O NER NAME/ADDRESS SITE ADDRESS CONTRACTOR. NAME/ADDRESS RUSSELL, GLEN W. OWNER 270 Panarama Drive 159 McClure Way Winchester, VA 22603 Red Fox Run, Lot 30 Winchester, VA 22602 PHONE: 5406627083 PHONE: DESCRIPTION OF CONSTRUCTION LOCATION TAX MAP NO.: 64D 8 1 30 LOT: 30 BLOCK: SECTION: BUG NO.: ---------------------------------------------------------------------------------------------------------------------- SET-BACKS: HEALTH :PERMIT NO.: DISTRICT: SHAWNEE FRONT: 40' BACK: 36.5 FLOODPLAIN: SUB -DIVISION: RED FOX RUN RIGHT: 12' LEFT: 23.8 AREA: Buffiick ZONE: Residential Performance CNTR : FRTGE: RIGHT-OF-WAY: S/E CUP NO.: SITE PLAN: DIRECTIONS TO SITE: Take Route 522 South to Red Fox Run near Joe's Ocean Cove MASTER PLAN NUMBER 99-16 Map Book Page 221, Grid B-3 USE GROUP: Use Group "R" Residential USE CODE: Single Family Dwelling CNST.TYPE: New NATURE/WRK: MIN. SETBACK LEFT 10' JOB VALUE: PERMIT FEE: TOTAL FEES. Setback Report FRONT 35' SO FEET. -------------------- BACK 25' RIGHT 10' I-------------------------------------------------------------------- I SURVEYOR INFORMATION I I NAME: d" L&-"&FRONT: 40,0SACK: 3(.S ' i DATE OF SURVEY: �. (� p p RIGHT. 1Z,0 'LEFT: Zj. 8 ` SEAL I i 1 �Y REQUIRED SIGNATURES T 3 I.•L. r ' _ County of Frederick Winchester VA 22601 LT,-N AGENT: n�NER NAME/ADDRESS RUSSELL, GLEN W. 270 Panarama Drive Winchester, VA 22603 Setback Reoort PERMIT NUMBER: 0002264 - 2000 USBC: 1996 APPLICA7'0;N DAT' i1/03/2000 ISSUANCE DAT--: RENEWAL DATE: DATE: 11/28/2000 SITE ADDRESS 159 McClure Way Red Fora Run, Lot 30 Winchester, VA 22602 CONTRACTOR NAME/ADDRESS OWNER PHONE: 5406627083 PHONE: DESCRIPTION OF CONSTRUCTION LOCATION TAX MAP NO.: 64D 8 1 30 LOT: 30 BLOCK: SECTION: BLDG NO.: ------------------------------------------------------------------------------------------------------------------------ EET-BACKS: HEALTH PERMIT NO.: DISTRICT: SHAWNEE FRONT: 40' BACK: 36.5 FLOODPLAIN: ION: RED SUB-DIVIS4. FOX RUN RIGHT: 12' LEFT: 23.8 AREA: Bufflick ZONE: Residential Performance CNTR : FRTGE: RIGHT-OF-WAY: S/E CUP NO.: SITE PLAN: DIRECTIONS TO SITE: Take Route 522 South to Red Fox Run near Joe's Ocean Cove MASTER PLAN NUMBER 99-16 Map Book Page 221, Grid B-3 USE GROUP: Use Group "R" Residential USE CODE: Single Family Dwelling SQ FEET.. CNST.TYPE: New NATURE/WRK: Setback Report * MIN. SETBACK * FRONT 35' * BACK 25' * RIGHT 10' * LEFT 10' * * * * * ----------------------------------------------------------------------------------------------------------------- JOB VALUE: ----------------------------------------------------------------------- PERMIT FEE: ! SURVEYOR INFORMATION k i NAME:/y /� dLG6 � FRONT: 33J Q# PACK: 36 3 1 DATE OF SURVEY: RIGHT: 9,6 -' 'LEFT: Zf��%� SEAL i P O 1 � TOTAL FEES: ------------------ ------------------------ --- REQUIRED SIGNATURES - f17 L ��owt 1\GLL 1'UA INLLU l 0UULLIV1J1V11 • • Subject: Red Fox Run Subdivision Date: Fri, 15 Jun 2001 08:26:18 -0400 From: "Sweitzer, Barry" <BSweitzer@VDOT.STATE.VA.US> To: "Marsh & Legge Land Surveyors (E-mail)" <mlls@shentel.net>, "'office@marshandlegge.com"' <office@marshandlegge.com> CC: 'Evan Wyatt' <ewyatt@co.frederick.va.us>, "Melnikoff, Steve"<SMelnikoff@VDOT.STATE.VA.US>, "Sweitzer, Barry"<BSweitzer@VDOT.STATE.VA.US> This is to confirm our telephone conversation concerning structures being erected with porches encroaching on set back space on Lots 29 and 30 of Red Fox Run Subdivision on McClure Way cul-de-sac. VDOT has no need for additional right-of-way at this location. Thereford, the encroachment would not have an adverse effect on the roadway or right-of-way. Please call if you have any questions. Barry J. Sweitzer Trans. Roadway Engineer VDOT - Edinburg Residency Permit & Subdivision Section 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5631 (540) 984-5607 (fax) 1 of 1 6/18/2001 3:07 PM • 0 LOT 31 EX. FCSA WA TERLI NE EASEMEN T h0�' J— � / , 9 N mo UN s 4D�z _ �= LOT 30 "IleLA � Z 1.5 7nI7 (CQ- FT. - 9 = 1 w� � I SMH ;n � RF co^i I of 10 BRL N85'43'44 "W Zi I1 / `EX. FCSA 20' SAN. SEWER ESM'T CONC. 10' SHEN. GAS LOT 29 / SIDEWALK CO. ESM'T / FLOOD NOTE. - ZONE. C COMMUNITY NO.: 510063 PANEL: 0115 B DATE. • 07-17— 78 NOTES: 1. NO TITLE REPORT FURNISHED. 2. PROPERTY IDENTIFICATION NO. 64D-8-30. 3. EASEMENTS MAY EXIST THAT ARE NOT SHOWN ON THIS PLA T. 4. IRF — IRON ROD FOUND SMH — SANITARY SEWER MANHOLE FH — FIRE HYDRANT ASSEMBLY WV — WATER VALVE 5. THIS LOT IS SUBJECT TO A 25' SLOPE, DRAINAGE & UTILITY EASEMENT ALONG McCLURE WAY AND A 10' UTILITY & DRAINAGE EASEMENT ALONG ALL PROPERTY LINES. GRAPHIC SCALE 30 15 0 30 1 INCH = 30 FEET SURVEYOR'S CERTIFICATE IRF I HEREBY CERTIFY THAT THE INFORMATION SHOWN ON THIS PLAT IS BASED ON AN ACTUAL FIELD SURVEY MADE UNDER MY SUPERVISION ON MAY 8, 2001 AND THAT TO THE BEST OF MY KNOWLEDGE AND BELIEF THERE ARE NO ENCROACHMENTS OR VISIBLE EASEMENTS UNLESS SHOWN. BUILDING LOCATION SURVEY LOT 30 RED FOX RUN 159 McCL URE WA)" SHAWNEE MAGISTERIAL DISTRICT fREDERICK COUNTY, WRGINIA DATE.• 18 MAY 2001 1 SCALE- 1 "=30' I SHEET 1 OF 1 Marsh & Legge Land Surveyors, P.L.0 560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 N FAX (540) 667-0469 - office@marshandlegge.com ��I,TH OF � f cf Dougglas C. Legge No. 001197 DRAWN BY: HH DWG NAME: ID2786 F M 0 S 7 MISON & JOHNSTON 4rTORNEYSAT LAW 1NC.1 STER. VIRGINIA iz� . THIS DEED, made this 1% day of , 200 0 , by and 4 between JENI COMPANY, a Virginia corporation, of the one part, hereinafter called the Grantor, and GLEN W. RUSSELL and PAMELA .L. RUSSELL, his wife, of the other part, hereinafter called the Grantees. " WITNESSETH: That for and in consideration of the sum. gf Ten Dollars ($10.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantor does grant and convey, with General Warranty and with English Covenants of Title, unto the Grantees, as tenants by the entirety, in fee simple, with survivorship as at common law, together with all rights, rights of way, privileges and appurtenances thereto belonging, and described as follows: All that certain lot or parcel of land lying and being situate in hawnee Magisterial District, Frederick County, Virginia; designated as: LOT 28 RED FOX RUN SUBDIVISION (TAX MAP NUMBER 64 D ((8)) - 281 LOT 29 RED FOX RUN SUBDIVISION (TAX MAP NUMBER 64 D ((8)) - 2,9) LOT 30 RED FOX RUN SUBDIVISION (TAX MAP NUMBER 64 D ((8)) - 30) LOT 32 RED FOX RUN SUBDIVISION (TAX MAP NUMBER 64 D ((8)) - 3.2) LOT 34 RED FOX RUN SUBDIVISION (TAX MAP NUMBER 64 D ((8)) - 34) LOT 37 RED FOX RUN SUBDIVISION (TAX MAP NUMBER 64 D ((8)) - 37) LOT 38 RED FOX RUN SUBDIVISION (TAX MAP NUMBER 64 D ((8)) - 38) C) as shown on the Final Subdivision Plat of Red Fox Run Subdivision dated October 12, 2000, drawn by Darryl G. Merchant, .L.S.. the Deed of Dedication and Plats being recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 978, at Page 1563, et seg., and being a portion of the same property acquired by the Grantor herein by that certain deed from Virginia B. McClure, Trustee under a Certain Revocable Living Trust Established by Virginia B. McClure on October 17, .1997, unrecorded and identified as the Virginia B. McClure Revocable Living Trust, dated March 3, 2000, which deed is recorded in the aforesaid Clerk's Office in Deed Book 959, at Page 1332. Reference is hereby made to the aforesaid instruments for a further and more particular description of the property herein conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property and, in particular, to those certain restrictions, covenants and conditions contained in the Deed of Dedication of Red Fox Run Subdivision dated October 4, 2000 and recorded in the aforesaid Clerk's Office in Deed Book 978, at Page 1563, which restrictions, covenants and conditions are incorporated herein by reference as if set out in full. The execution of this deed has been duly authori-led by the directors of the Grantor corporation, and nothing in the Corporation Charter or By-laws reserves the power unto the stockholders to convey a part of t1ie corporate real property. WITNESS the following signature and seal: JENI COMP NY, a Virginia Corporation By - �J�"'y�� (SEAL) Biil inger, ce President -2- 2RISON & JOHNSTON ATTORNEYS Ar LAW TNCHESTER, VIRGINIA rCD 'Wn V 1 STATE OF VIRGINIA AT LARGE CITY OF WINCHESTER, To -wit: The foregoing instrument was acknowledged before me this 19 day of eTY-tP-r , 2000 , by Billy J. Tisinger, as Vice President of Jeni Company, a Virginia corporation, on behalf of said corporation. My commission expiresg- otary Puhiic V11;GIN1k M- F )FQ. 1CK COUNTY, SCT. 1 n;s instrum:,,t of wr:ting Nvas produced 10 me on ". �.....,.:.:r ,f thereto annexed '1'«, itvgmscu thy SvQ. 53.1-W2 of Oz� and lave been paid, If assessable -3- ORISON & JOHNSTON ATTORNEYS AT LAW 4NCHESTER, VIRGINIA t i • 0 I COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 June 5, 2001 PUBLIC HEAI I G TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE APPLICATION #07-01 FOR RED FOX RUN, LOT 30 On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, June 19, 2001, 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 Variance #07-01 for Red Fox Run, Lot 30, submitted by Glen W. Russell, requesting a 1.1-foot front yard and 0.4-foot right side yard setback variance for an attached porch. This lot is located at 159 McClure Way in the Red Fox Run Subdivision off of Front Royal Pike (Rt. 522) and is identified with Property Identification Number 64D-8-30 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 (temporary Apple Blossom Mall location) the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, �.- tom✓ (1 Patrick T. Davenport Zoning Administrator PTD/ch O: Agendas\BZAWDJOINER\2001 Adj\RedFoxRun30.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 A This is to certify that the attached correspondence was mailed to the following on S oZ Q from the Department of Planning and Development, Frederick Coun irginia: 64D-8-31 Mr. Larry A. Russell, et ux 338 Dehaven Drive Clearbrook, VA 22624 u4 z7,603 - T b h a t�' (-0 - eqX ff e- 1/� I C, r 6�� -,y- 4� 1 �nlwuD,��. f/H z a6o ¢ Patrick T. Davenport, Zon ng Administrator Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK I, 6& onlo 110 11 , a Notary Public in and for the State and County aforesaid, do hereby certify that Patrick T. Davenport, Zoning Administrator for the Department of Planning and Development, whose name is signed to the foregoing, dated to - 5 - o 1 , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this _ day of �,)U n e ar My commission expires on ru Q 34 t Lk= �cj Q 0 ARY PUBLIC