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Home My WebLink About03-02 Westside Station Lot 17 - Back Creek - Backfilet Date; BOARD OF ZONING APPEALS Variance Request Tracking Sheet 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 0� ?�•02 File given to Renee' to update Application Action Summary MEETING DATE: j `j - (,' ; �. FINAL ACTION: APPROVED 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OUT FILE: Approval (or denial) letter mailed to applicant/copy made for file ,� File stamped "approved", "denied" or "withdrawn" Reference Manual updated D-base updated 3 10� File given to Renee' for final update to Application Action Summary k2a, U: \Carol\Common\TRACKING. BZA Revised 05/25/01 .'ttC. ti"I 1' �►l' Ii ItlA)ERICK Department of Planning and Development 540/ 665-565l FAX: a 4(i/665-6395 MEM-0RANDUM TO: Finance ijepartment FAROM: Karen I Cain, Rcccftioliist/v,fiice Assistant SUBJECT: Return Of Sign Deposit �ti l E: ,gyp,„ .J, 2VV2 The amount of$50.00 was deposited in line item 43-010-01911 10-0008 for the Verson named UV-'Io"w as a deposit for a sign Ior variance Application #03-02. They have now recur nee, the sign and are therefore entitled to the return of their deposit. You may pay this through the regular hill cycle. Please send a check in the amount of $50.00 to: Mr. S. I Tisi„gcr P.O. Box 804 Winchester, VA 22504 RSA/kac ( :`Karen kann� s4tiniCrmnu+n S[(i 1I?'I Rti.I.s'C sIC'r\ULl' PER 0 March 20, 2002 Mr. B. J. Tisinger TIBOW, L.L.C. P.O. Box 809 Winchester, VA 22601 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 RE: VARIANCE #03-02, WESTSIDE STATION - LOT 17 Property Identification Number 53E-1-2-17 Dear Mr. Tisinger: This letter is to confirm that the above -referenced application was approved by the Board of Zoning Appeals at their meeting on March 19, 2002. This approval grants 10-foot front setback variances on three sides of Lot 17. If you have any questions regarding these actions, please feel free to call this office. Sincerely, Patrick T. Davenport Zoning and Subdivision Administrator PTD/ch cc: Building Inspections O:\Agendas\BZA\APPR_DEN.LTR\Westside Station Lot 17.wpd 107 North Kent Street - Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 PJ3! !C rlEARUNlr March 11, 2002 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE #03-02 OF WESTSIDE STATION, LOT 17 On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, March 19, 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 #03-02, Westside Station, Lot 17, submitted by Harrison & Johnston, for 10- foot front setback variances on three sides of Lot 17 to enable a buildable lot for the construction of a single-family residence. The property is located at the corner of Colin Drive and Colin Court at Westside Station, Lot 17, and is identified with Property Identification Number 53E-1-2-17 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 the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, P044 _r1L1e11&1j Patrick T. Davenport Zoning and Subdivision Administrator PTD/ch O:Wgendas\BZAWDJOINER\Westside Station Lot I7.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 4 • • This is to certify that the attached correspondence was mailed to the following on C� - / I- Q e;�— from the Department of Planning and Development, Frederick County, Virginia: _ - -- 53E 1. 2. 12 - - BAILOUS, JAMES K & LISA K 303 COLIN CT WINCHESTER, VA 22601.6224 53E - 1- 2- 3- BOYD, DENNIS R 2017 COLIN DR WINCHESTER, VA 22601-6226 53E -1- 2. 4- - ---- -- DAVET, BRIAN P & CYNTHIA L 308 COLIN CT WINCHESTER, VA 22603 53E - 1- 2- 10.- GLUCH, GERALD S & SHARON J 307 COLIN CT I WINCHESTER, VA 22601.6224 -- -`-= 53E - 1..2. 11- KNOWLES, BRENT A & CAROLYN 305 COLIN CT WINCHESTER, VA 22601.6224 53E - 1- 2. 17- TIBOW, LLC PO BOX 809 WINCHESTER, VA 22604.0809 I STATE OF VIRGINIA 53E - 1- 2- 16- PRELIP, MICHAEL G ENTERPRISES INC 161 COMMONWEALTH CT WINCHESTER, VA 22602.5322 -- 53E - 1- 2- 18- - PERREAULT, HENRI & DOHERTY, DOLLY 2016 COLIN DR WINCHESTER, VA CCT15tn 14 F trr )1( s, Got'JOL4L SIYee� Vj';Ck. VA Z z �,01 22601.6225 Patrick T. Davenport, Zoning Administrator J Frederick County Planning Department 1, r'X 1"I I IT If El I I , 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 _ 3- 1 1- 0 oQ , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this h day of fyurc)-� . &cog My commission expires on R� j on I aR. C?X)0-� TARY PUBLIC BZA REVIEW DATE: March 19, 2002 VARIANCE #03-02 WESTSIDE STATION - LOT 17 LOCATION: The property is located at the corner of Colin Drive and Colin Court at Westside Station, Lot 17. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 53E-1-2-17 PROPERTY ZONING & USE: Zoned RP (Residential Performance) District; Land use - Vacant ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Uses: Residential VARIANCE: 10-foot setback variances on three sides of Lot 17 to create a buildable lot for the construction of a single-family residence. REASON FOR VARIANCE: See attached letter of justification from the applicant. STAFF COMMENTS: Lot 17 of Westside Station, containing approximately 8,658 square feet, was approved by the Subdivision Administrator on February 18, 1988. The Residential Performance (RP) setbacks for a dwelling on the.subject lot are: 35' front, 25' rear and 10' on each side. Exhibit "A" illustrates the Lot 17 configuration with three sides of the lot having a front setback and the remaining side having a rear setback. According to the deed restrictions specified in Exhibit "A-F% the applicant is required to construct a dwelling containing a minimum area which would not be possible within the setbacks illustrated in "Exhibit "A." The applicant is requesting a 10' front yard variance for all three front setbacks to enable a proposed dwelling. "Exhibit B" illustrates the potential for the proposed dwelling to be situated within the setbacks requested by the variance. VAR #03-02, Westside Station, Lot 17 Page 2 March 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 adjacent property, and that the character of the district will not be changed by the granting of the variance. Strict application of the zoning ordinance in this case produces an undue hardship upon the applicant because given the applicable setbacks and the associated deed restrictions, a dwelling cannot be constructed on the property without an approved variance (similar to the one requested). Other lots in the same zoning district have the same setback requirements but this particular lot is uniquely encumbered by a three -sided front setback. Since two of the criteria specified in § 15.2-2309 are met, granting this variance as requested would be justified. 0A\Agendas\BZA\Staff Report\2002\Westside Station.wpd VAR # 03 - 02 Location Map For: Westside Station 1 PIN: 53E-1-2-17 Page 1 of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA 1. The applicant is the owner x other . (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: Tibow, L.L.C. NAME: ADDRESS P.O. Box 809 Winchester, VA 22604 ADDRESS: TELEPHONE:(540) 667-1266 TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): Go south on Merriman's Lane from U. S. Route 50 - take a right on Wayland Drive - follow Wayland Drive until it intersects with Colin Drive - take a left on Colin Drive and Lot 17 (subject lot) is on the corner of Colin Drive and Colin Court 4. The property has a road frontage of feet and a depth of feet and consists of acres. (please be exact) See Exhibit A attached hereto - Lot 17 Westside Station Subdivision is a lot that has road frontage on three sides. 5. The property is owned by Tibow, , L.L.C. as evidenced by deed fromHamnton Enterprises a WV PartneriVc rded (previous owner) in deed book no. 879 on page 476 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.: 53E-1-2-17 8. The existing zoning of the .property is: Residential performance 9. The existing use of the property is: vacant 10. Adjoining Property: ME North RP East RaGi rlanti al _RP South RPsidentia� —RP West aci rlani-i al RP 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.") See attached Residential 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 See attached 13. Additional comments, if any VARIANCE APPLICATION PACKAGE 11. Because of the narrowness of the lot and its irregular shape, a setback line of 35' on three sides of said lot makes it impossible to construct a dwelling unit and meet the subdivision standards of 2000 square feet per residential lot. Exhibit A demonstrates the foregoing and Exhibit A-1 is from the Deed of Dedication indicating 2000 square feet building requirement. The requested variance is for a 25' building restriction line (instead of 35' building restriction line) in order to be able to place a house, build the same and meet the subdivision requirements. Exhibit B demonstrates the variance of 25' that is requested. Exhibit B-1 shows Lot 17 in relationship to the other lots in this portion of Westside Station subdivision. 12. As noted in 11 above, the narrowness of the lot and irregular shape when utilizing a 35 foot setback on three sides of the same renders the lot unbuildable and especially unbuildable if the same is to meet the requirements of the subdivision covenants and restrictions as set forth on Exhibit A-1. 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 notified by mail of this application: 1. NAME: Dennis R. Boyd ADDRESS: 2017 Colin Drive Winchester, VA 22601' PROPERTY ID: 53E 1 2 3 2. NAME: William F. & Patricia A. Mortimer ADDRESS: 410 Pin Oak Drive Winchester, VA 22601 PROPERTY ID: 53E 1 2 4 3. NAME: Gerald S. & Sharon J. Gluch ADDRESS: 307 Colin Court Winchester, VA 22601 PROPERTY ID: 53E 1 2 10 4. NAME: Brent A. & Carolyn Knowles ADDRESS: 305 Colin Court Winchester, VA 22601 PROPERTY ID: 53E 1 2 11 5. NAME: James K. & Lisa K. Bailous ADDRESS: 303 Colin Court Winchester, VA 22601 PROPERTY ID: 53E 1 2 12 6. NAME: Michael G. Prelip Enterprises, Inc. ADDRESS: 161 Commonwealth Court Winchester, VA 22602 PROPERTY ID: 53E 1 2 16 7. NAME: Henri Perreault & Dolly Doherty ADDRESS: 2016 Colin Drive Winchester, VA 22601 PROPERTY ID: 53E 1 2 18 Page 4 of 5 15. Provide a sketch of the property (you may use this page). Show proposed and/or existing structures on the property, including measurements to all property lines and to the nearest structure(s) on adjoining properties. Please include any other exhibits, drawings or photographs with this application. See attached Exhibit` \�7A-TI60 :4 ea672Pc184 amino/ O/d � Section Z MeStSIO'eStC//0/7 5cck Cheek I a91sferio/ Ois1ricf Frederick County, l/irgir7io Sco% : i -r 50' Dole : NO vember- zro, i,v87 APPROVE' -.TTIT,I7ISS C- C TdINCITLSTER, VII.GINIA S'66-)NISI'' A1),iI:IISTRATk .: Vr.. ,JETL A :l';7N-T Cl- HIGHW:IYS I Dove F As$ociafes Engineer-inq - P/anninq-Surveying 11050 /-4 //5 ,Poop' 0076 6 h ocuncc Or-i ve Sui fc 750 Ir"'O. 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Lot fo till ti ,� =a 60, �J /7 Sheet OF M Page 5 of 5 AGREEMENT VARIANCE # 0 - 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 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 APPLICAN SIGNATURE OF OWNER (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF t `t (LZ— ACTION: - DATE - APPROVAL DENIAL DATE: —a I t 5 ( v2 SKT05Pc300 approval be required. 2. Lot Storswrater Managemant and Drainage. All lots shall be developed respecting the recorded stormwater drainage easements for the subdivision. No structures, fences, major landscaping or any other obstacle which could limit the flow and velocity of storm runoff shall be placed within the drainage easements. On those lots where recorded drainage easements are crossed by private driveways and sidewalks serving individual houses, the lot owner shall provided on site drainage culverts. ditches and/or bridges which are sized and located to accommodate the anticipated runoff volumes. The design for these drainage improvements shall be approved by iiestside. ARTICLE V USE RESTRICTIONS AND BUILDING REOUIREMENTS 1. Land Use and Building Type. No lot in Nestaide Station shall be used except for residential purposes. No building shall be erected, altered. placed or permitted to remain on any lot other than one single-family dwelling. 2. Square Footage. No one story building shall be constructed on lots with a fully enclosed first floor area of less than sixteen hundred (1600) square feet, exclusive of carports, garages and open porches. All other styles of buildings (i.e. two story. one and one-half story, etc.) shall have a total fully enclosed area of not less than two thousand (2000) square feet. 4 i J • 11 • • Ll 7*29 • R_,2• 5. o LOT 17 �Ss.00 7 LOT 18 /"Z5--0 2-- 2 5CCLIC FREDERICOCOUNTY Winchester Corp 0 BURR P. HARRISON 1904-1973 WILLIAM A. JOHNSTON H. K. BENHAM III BILLY J. TISINGER IAN R. D. WILLIAMS CHARLES S. McCANDLISH 1948-2001 BRUCE E. DOWNING TRAVIS JOSEPH TISINGER STEPHEN L. PETTLER, JR. BEAU BASSLER HARRISON 8 JOHNSTON ATTORNEYS AT LAW POST OFFICE BOX 809 WINCHESTER, VIRGINIA 22604 February 21, 2002 Mr. Patrick Davenport Department of Planning and Development 107 North Kent Street Winchester, Virginia 22601 Re: Lot 17 Westside Station Subdivision Dear Patrick: STREET ADDRESS : 21 S. LOUDOUN STREET WINCHESTER, VIRGINIA 22601 TELEPHONE AREA CODE 540 667-1266 FAX NO. 540-667-1312 As we discussed I enclose herewith, pursuant to the above, a possible footprint of a house location if the variances are granted. It still takes a special house but I believe that this is workable. Sinc % ely, BJT:jdw i 1 Tisinger Enclosure AVE FEB 2 2Q�� ,1�P�, or �nni��;��t►�� pR�;, BURR P. HARRISON 1904-1973 WILLIAM A. JOHNSTON H. K. BENHAM III BILLY J. TISINGER IAN R. D. WILLIAMS CHARLES S. McCANDLISH 1948-2001 BRUCE E. DOWNING TRAVIS JOSEPH TISINGER STEPHEN L. PETTLER, JR. BEAU BA55LER 0 HARRISON 8 JOHNSTON ATTORNEYS AT LAW POST OFFICE BOX 809 WINCHESTER, VIRGINIA 22604 February 1, 2002 Mr. Patrick Davenport Department of Planning and Development 107 North Kent Street Winchester, Virginia 22601 Re: Lot 17 Westside Station Subdivision Dear Patrick: STREET ADDRESS : 21 S. LOUDOUN STREET WINCHESTER, VIRGINIA 22601 TELEPHONE AREA CODE 540 667-1266 FAX NO. 540-667-1312 Enclosed please find an application for a variance for Lot 17 Westside Station Subdivision. I believe that you have talked to Jim Petry concerning this matter and that the lot, as situated, is unbuildable and especially is unbuildable concerning the covenants and restrictions as set forth in the Deed of Dedication re Westside Station. Along with the application we have included a $250.00 check for the filing fee for the variance and also a separate check for $50.00 to cover the cost of the sign, which we understand, assuming we bring the sign back, will be returned. Please advise as to the timing re this application. BJT:jdw Enclosures cc: Mr. Jim Petry F-1 E Lj E� V�1—= E ) FEB B () 5 2002 !)CPT, OF P[41N$IGIDFVnprP , rl RECENED EEB 0 5 2002 DT 1N • 0 rn � 0 0 x o o-P M U) a� O U a5�: -- �i' N r-1 N HARRISON & JOHNSTON ATTORNEYS AT LAW WINCHESTER, VIRGIN IA L1 THIS DEED, made this N J day of May, 1997, by and between HAMPTON ENTERPRISES, a West Virginia partnership, of the one part, hereinafter called the Grantor, and TIBOW, L.L.C., a Virginia limited liability company, of the other part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of 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 Grantee, in fee simple, all of those certain lots or parcels of land located in Back Creek Magisterial District, Frederick County, Virginia, and described as Lots 4, 13, 14, 15, 16, 17, 19 and 20, Westside Station, Section 2, as the same are duly dedicated, platted and recorded with the Deed of Dedication dated February 1, 1988, in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 672 at Page 173, and being a portion of the same property acquired by the Grantor herein by deed from Revelstoke, L.C., a Virginia limited liability company, et al, dated April 6, 1993 and recorded in the aforesaid Clerk's Office in Deed Book 795 at Page 38. Reference is hereby made to the aforesaid instruments for a 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. The Grantor does hereby covenant that it has the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens • 0 W HARRISON & JOHNSTON ATTORNEYS AT LAW WINCHESTER, VIRGINIA and encumbrances; and that it will grant such further assurances of title as may be requisite. WITNESS the following signatures and seals: HAMPTON ENTERPRISES By (SEAL) Deep nder Sin , Partner ' By �. _kAk___(SEAL) Ha- u, Partner STATE OF VIRGINIA AT LARGE CITY OF WINCHESTER, To -wit: The foregoing instrument was acknowledged before me this cPA, day of May, 1997, by Deepinder Singh and Harinder Sidhu, who are Partners of Hampton Enterprises, a West Virginia partnership, on behalf of said partnership. My commission expires / %�CZ?/'�Z j, J ��•� �! r' �- e otary Public V!RGINIA.' FREDERiCK COUNTY, SCT. Thla Instrument of wrltIn C.� 9 we19`produced to me on the -'6Z--day of t r� an with CartifICnt of kn0wla� nie tt th ��. was admitted to recor Tax Im C'''�d po�eU by Sue, t+ti,1-EJu'2 of ,mod 58.1-801 have 440A paid, It saeablq 7 or -2-