The URL can be used to link to this page

Home My WebLink About02-04 Valley Bldg Systems 7.1' Front Yard - Shawnee - BackfileBOARD OF ZONING APPEALS Appeal of Decision by Zoning Administrator Date: c� File opened 0 Reference Manual updated/number assigned a D-base updated c f% 1 black & white location map requested from GIS Two sets of labels requested from Data Processing J,Zzl-OL4 File given to Renee' to update Application Action Summary 1 MEETING DATE: U o FINAL ACTION: �V��L� o CLOSE OUT FILE: - D Approval (or denial) letter mailed to applicant/copy made for file File stamped "approved", "denied" or "withdrawn" '0 Reference Manual updated �- 6 D-base updated 3 File given to Renee' for final update to Application Action Summary UACarol\Common\Appcal_trk.wpd Revised 11/30/00 CASH 2-q 1oq 003791 RECEIPT Date Received From Address -Dollar, $ no 0 ACCOUNT HOW PAID AMT. OF ACCOUNT CASH AMT. PAID CHEC_V U. BALANCE MONEY OR DEA B y DUE CREDIT ARDH C COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 May 3, 2004 Mr. Mark Smith Greenway Engineering 151 Windy Hill Lane Winchester, VA 22601 RE: VARIANCE REQUEST 902-04 OF VALLEY BUILDING SYSTEMS, INC. Dear Mark: This letter is to confirm that the above -referenced application was approved by the Board of Zoning Appeals at their meeting on April 20, 2004. Your request on parcel bearing Property Identification Numbers 76B-1-3-248 was for a 7.1 foot front yard (from Clydesdale Drive) variance for an attached stairs, stoop and porch. This property is located in Canter Estates, Section 3, Phase I, Lot 248, at the intersection of Clydesdale Drive and Lariat Court, in the Shawnee Magisterial District. If you have any questions regarding this action, please feel free to call this office. Sincerely, Patrick T. Davenport, C.Z.A. Zoning and Subdivision Administrator PTD/bad cc: ,Building Inspections .,J e Anderson, Real Estate _V6ley Building Systems, Inc., 7735 Main St., Middletown, VA 22645 107 North Kent Street • Winchester, Virginia 22601-5000 VARIANCE APPLICATION #02-04 VALLEY BUILDING SYSTEMS, INC. Staff Report for the Board of Zoning Appeals Prepared: March 25, 2004 Staff Contact: Patrick T. Davenport This report is prepared by the Frederick County Planning Staff to provide information to the Board of Zoning Appeals to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. BOARD OF ZONING APPEALS HEARING DATE: April 20, 2004 - Action Pending LOCATION: Canter Estates, Section 3, Phase 1, Lot 248, at the intersection of Clydesdale Drive and Lariat Court. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER(S): 76B-1-3-248 PROPERTY ZONING & USE: Zoned: RP (Residential Performance) District Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RP (Residential Performance) Use: Residential South: RP (Residential Performance) Use: Residential East: RP (Residential Performance) Use: Residential West: RP (Residential Performance) Use: Residential VARIANCE REQUESTED: The applicant is requesting a 7.1 foot front yard (from Clydesdale Drive) variance for an attached stairs, stoops and porch. REASON FOR VARIANCE: The attached porch with two stoops was not apparent to the surveyor in computing the house stakeout because the porch was built on piers and was not part of the structural footing detail. The primary living space is well within all setback requirements; however, the covered porch encroaches into the setback area. STAFF COMMENTS: The final subdivision plats establishing Lot 248 in Section 3, Phase 1 of Canter Estates, were approved on November 12, 2002. Valley Building Systems received zoning approval for a single- family home building permit (#946-03) on May 6, 2003, as illustrated by "Exhibit "A". As part of the permit process, the permit applicant indicated the proposed setbacks for the dwelling to be constructed. Lot 248 is a corner lot and requires two front setbacks. The permit applicant indicated proposed setbacks of 56.18.' front (along Lariat Court), 38.86' left/other front (along Clydesdale Drive) side, 20.43' right side, and 25.97' feet in the rear. The Zoning Ordinance §165-23H(1) provides the survey location requirements for primary structures. It states that: "A surveyor licensed in the Commonwealth of Virginia shall establish the location of any primary structure that is five feet or less from any minimum setback requirement." The setbacks for a single-family dwelling in the RP Zoning District on this lot size are 35' for both fronts, 10' side, and 25' feet rear (§ 165-65C). "Exhibit B" is a copy of the foundation plan that apparently depicts the piers and beam specifications for a porch. "Exhibit C" is the first setback report submitted by Greenway Engineering which verifies the footing foundation location. This setback report did not appear to reflect the existence of the porch feature. The variance applicant has indicated that after the footing foundation was located and construction began on the dwelling, the porch features were added and were subsequently constructed in a location that exceeded the minimum front setbacks. The applicant submitted a house location survey labeled "Exhibit D", which illustrates the existing location of the dwelling and front setback encroachment. The portion of the porch constructed into the front setback is the reason for the variance request. STAFF CONCLUSIONS FOR THE APRIL 20, 2004 MEETING: 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; 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 applicant should have accurately indicated the proposed setbacks on the building permit. Since the applicant did not situate the dwelling within the proposed setbacks, the subject front setback violation and subsequent variance application resulted. The applicant constructed a dwelling in a location not consistent with the information submitted with the building permit. The applicant's failure to provide accurate setback information at the time a building permit was sought does not constitute a hardship. Therefore, denial of this variance may be justified. 0 0 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner other x I. (Check one) 1 2. APPLICANT: OCCUPANT: (if different) NAME: Greenway Engineering NAME: ADDRESS 151 Windy Hill Lane TELEPHONE: 540-662-4185 ADDRESS: TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): Canter Estates, Section 31 Phase 1,Lot 248 At intersection of Clydesdale Drive and Lariat Court 4. The property has a �Mfrontage of 220 feet and a depth of 1 sg feet and consists of 14s58 SF a (please be exact). Clydesdale Drive road frontage 128.001 Lariat Court road frontage 92.00' Page 5 of 9 i 90 00 5. The property is owned by valley Building Systems, Inc. as evidenced by deed from Jasbo, Inc. recorded (previous owner) inXkvXNsdSk instrument no. 030009306 on page 0384 of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: Shawnee 7. Property Identification No.: 76B- ((1)) - (3) -248 8. The existing zoning of the property is: RP 9. The existing use of the property is: Single-family dwelling 10. Adjoining Property: USE North Single-family East Single-family South Road West Roar? ZONING RP 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.") A 7.1' front yard variance for an attached stairs, stoops, and porch 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 The attached porch with 2 stoops was not apparent to the survevor in computing the house stakeout because the porch was built on piers and was not part of the structural footing detail. The primary living space is well within all setback requirements, however, the covered porch (see attached photos) encroaches into the setback area. The cantilever truss system for the porch roof is attached to the roof truss system for the main house. Page 6 of 9 0 • 9 • 13. Additional comments, if any: See attached photos and architectural plan 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: NAME Canter Estates Section 3, Phase 1, Lot 247 Address property ID # 76B- ((1)) - (3) -247 Canter Estates Section 31 Phase 1, Lot 249 Address Property ID # 76B- ((1)) - (3) -249 Address Property ID # .Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # Page 7 of 9 0 & 40 • 15. Provide a sketch ofthe property (you may use this page or attach engineer's drawing). 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. Page 8 of 9 0 0: AGREEMENT VARIANCE # &�) — (Number to be assigned by the Planning Dept) 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) dasprior 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 con rein are, to the best of my knowledge, true. SIGNATURE OF APPLI DATE 3 L 161104® SIGNATURE OF OWNER (if er an appli ) -OFFICE USE ONLY- BZA PUBLIC HEARING OF U ACTION: - DA E- � P // L° APPROVAL SIGNED: �/\ BZA CHAIRMAN DENIAL DATE: Page 9 of 9 v i 7w ,3an 769 13176 l BYRAIE 76e 13247 \ I LAROSE 769 131 1 / i SCNACF NOWIT 76B 13 248 VALLEY BULLING / \ \ SYSTHUs. INC ' 76B 13 249 / ""ZZ"/ VAR # 02 - 04 76B 13153 fiat Valle Building 9 / `'°B 13263 Systems :VALL_YBULLD►NG % SYSTEMS, INC / 76B 13 202 PIN: ROOERS �, ----- 76B-1-3- 48 / / N w+ �� / s \ n a l760 13170 erro+E I \\ 76B 13 247 � tarsose 760 13175 3CHAW N GER 76B 13 248 urc vutereurINC srsrars, 768 1320 � VAR # 02 - 04 oaf i Valley Building 76B 13 263 Systems VALLEYBI�.OplG / ! sYSTEMs, INC/ 13 262 > -- — PIN: 76 B -1 - 3 - 248 N \ w�e Feet ET County of Frederick BUILDING PERhIT 2O0� Winchester VA 226O1 c LX1996 VILJEY Tlllf 540-667-7760 APPLICATION QArE: 4/16/'-?!J03 2113 V(-Vl'EY AVE�JE �I��8�S�rER, VA 22601 � �� I��E DATE� . ---'-- -��-� �, 'Q z\ � � DATE: 5/06/2003 -'-------------- ----_-_--_- -_-'________--- __-_-_____--__,-__------__---_'___--_-_-- [�NER NAME/ASITE ADORE11,11 CONTRACTOR NANDAODRESS Vf-*&lE'Y 0]ILDI16 SYG7EMS Clydesdale Drive 7735 Main Street 7735 MAIN ST Cantpn` Estates' Lot 248 00O0O Middletown, VA 22645 MIDOLE!l��, �� 22�45 R�� 54O-869-70X) FfKHG' 540 869 78OO -----------`-`-------------`-----------------------------------------`- -- --`-`------------------------- RE AC%ASJT-4- t 411�, UF [%A1F.-;TPLK.1JION L[CATION TOX MAP ii'K].� 76B 1 3 248 LET; 248 BiICK� --------------------------------------------------------------- SEC<IONBLDG NO.� --___-_______' KS� F�ALTH PERMIT NO.' DISTRIC[' OPE0�� 56' F1l0OPLAIN {P&TlER cn-TATES /y7RIGHT: 20` LE17; 39AKEAi Fredericktoune ZONE: Residential Performance [�ii'R , FRT (3E/ RI(�R�'BF*-WAY: S/E CUP NO, SUE PLAN: _____________________________________________________________________________ OIRECTIONS TO SITE; TakeTasker Roa�. follou to WhiteOak Road^ follou to Canter Estates Master Plan Nuni)er Map Book Pase 261' Grid id B-2 ______________________________________________________________________________________ USE G��/P� UseGroup "R" Residential USE CODE� SinyleFamilx Duellino SQ F��T� 176� ['�,ST.TYPE� Ne./ NATi!0�/WRK� _____________________________________________________________________________ � d/ , BUILDING PERKY' SIZE 6I X�43 ' � #,ST[�IES 1 1/2 # BEDR8[IB 3 # B�7HRO[� 2 + 1 R-IN B-`--'KT SQ FT Lk. F 1769 ' 7lT-1*A1 # RM 9 Type Const� ' ' Footing Foundation Mr. Joist Girder Walls Header Roof Syst, Bearing PT - �.��Snmke Get. Egress NTE �R� � �^ R. N� FR� !-`Oi*1aCi-i N(,YTL 20-'? �]TE UPSTAIRS ND�� -------------------------------------------------_------_----------_------------------_------_------------------_------ PERMIT`FEE; 34 surcharge 1 4.66 0 �_____________________________________- � I hC!1e!--!Y �:tsree to ooTrOY With all provisions of the Virginia � Uniform Statewide Building Code and the Zoning & Subdivision | Ordinances as adopted by the County of Frederick. � | CABO 1 & 2 Fi-!ilLY D(ElJING C]0.11E or 8OCM NATION�' 0[[LOIW] [�0� ( ��RVEY ST�ND#ROS RE�]IRED? /\�x/ NO INITIAL��//�/ | OE7AILEO SITE PLAN REQ]IREO? NO INTIIAL ( -------------------------------- '--'_-_____---___--___--_---- ___________________________- -------------------------------- --- ��-------� -- ~- ---r----~^—~-~—~^—/---- �) �xz�oiny CodeOf��ci*� Zoningr --�r- - ----~^--~�—~~--~-------' --�---+��^®----- »u.^ n�r� _- -------------- Applicant (please nrint) Exhibit "4" +1 1 / LU C) 1 -- ---� 0 C) CLYDESD LE RIVE q+ b +G�o_ C2 of j / s _ w �i LOT 248 > _1�f 1 ! 15 15 O' GAR.= 1 5cf I ; BURIED 15.50: w r I F.F.- 17.50 B.F.=07.50 x I . 1 "�� 1400 1 -5'20'32'42" W 155.13' 10' B.R.L. c 30 0 30 GRAPHIC SCALE (IN FEET) Q' PROPOSED HOUSE GRADING PLAN LOT 248 o��PLTH oFtr��c CANTER ESTATES- SECTION THREE SHAWNEE DISTRICT,FREDERICK COUNTY, VIRGINIA v TUNG KUSUMA SCALE: 1 " = 30' 1 DATE: MAY 27 , 2003 No. 026715 GREENWAY ENGINEERING I-,, - l z /03 ILLANE Engineers WINCHESTER, 51 WINDY HVAL 2 602 S/ONAL Surveyors TEL185 FAX: (540) 722-9528 Founded in 1971 www.greenwayeng.com 2291 V SHEET 1 OF 2 W-0- r_______________________ i r___________-___i sil , i � I ' NOTE LOCATE GQfILic' ' ; ; BEAMS UIC%ER ALL LCVZ ' BEAJONK+ WALLS Yw I r - 1 l I � I 1 ' I trB tY]MVMM Mutes' I YO rI•, ' � I I 1 I • I ; I 1' 1 ' =� J UNFINISHED ' i BASEMENT------- I I ---------------- I •\ ' 1 1 I ; i ' s yr e,.r s ' MO ! V? yr x ' a yr i I r-<•• i e•-� va e�-r \. i I s-z yr .-r 5•-2 v�+ s-7 vz- .rro yr r-r I , � PP 1 I O0'r011' Om�rw.r¢rnx ,.00+�r.c la+orr.mrm 1 � I ' ' r --'----'-�yy�E-• �-- --'-- -N- - -n- , I , I 1 1 ' I ! L-------� � GARAGE ' ----- I 5LAB , r_ __ _� , I I ________ I I .- perR err•- 1 � M nrVO 'nn�t I 1 � � I 1 1 I' �' ' I I1 ; � W O011r.• I 1 I I O690 ' ' i I I r 1 1 ti I 1 I 1 .. . _.. .., .. EM , ---------------------i ----------I I ' ------------------- I ple'r.s j T-P i b'-T 6'-0- e'-o- -tl'-r`_< e'-0" •y e'-0'-41� V I 19I I I �M ;m Exhibit "B" ere- Z d le Q o a z 0 O w wO m W Y N LLJ Q m wyl+ C 67 � qg a �`r U O K-m j 0.10 � 3ar ar • County of Frederick Winchester VA 226O1 LIEw AG�� Sc4tad, Report APR7�ATION nAPE� REMDW,',`,i' 0vOE� 0�ER NAME/ADDRESS SI��E ��f� �]MTR��D� H��/ADDRESS Clydesdale Drive Canter Estates` Lot 248 0��O MIO[XJ.:7lMN, VA 2264� 540-869-70)0 pf-R}NE: (X0O946 -�X8 �Id 4/16/2003 �ACER2,171--! 4116f$ rE F.7F, IIONCY4..'nrU'lIf V 1 0C."'A, 1 IW', TAX MAP NO.� 76B 1 3 248 i�T� 24G SU��K` ��ION� Bi�DG NO. ��IT�./ DI�� O��N F- 16,1Tz 56' BACK 25' R'DOUPiAIN -DIVISIONCANTER ESTATES RIGHT� 2()' Lf�T� 39' AREA� Freden`ickto�me ZONE�� Residential Perfonvance CNTR � FRTGE� RI�{ -0�-WAY� S/E CUP NO.' SITE P�AN� DI0::T,`TFIONS TO SITE; Take Tasker Roadfollou to White Oak Road, fnllou to Canter Estates Master Plan Nunber | Map Book Faye 261, Grid B-2 UFGROLIF"!USY:.--�GmUP""Rec,:k oritial USE O'..1LOE! Fwnily��li� ____________________________________________________________ Setback Repvrt * MIN. FRONT 35' * 8ACK 25' 35' * * * � * + * * * � * ... ... ... ... .0BVC|�� (--------------------------------------( PERMIT FB�� SURVEI.}R I0Y ( ( x ( | LcW4o/\. ( | ( ( � ( . ( ( TOTAL FEES� 0 (------------------rNo. ---------------------'-~-�WIIBSD�A0�3 � Exhibh"C".10 NOFPg2 MERIpI#p2pp19 INS,' LOT 249 TELE. m IRF PED. 1 SUMP PUMP 20' SAN. SEWER EASEMENT INSTR. 1020019782 6' FENCE S 20'3242, " W IRS I 715.1' --�y,,j55.13\ C1 �, Ix712.4' DIRS 715.3 —716— - I ) � � 1 716 3' ) m I CONC v, 714.8X iv v cn 715.2' LOT 247 GARAGE rn ` 715.5 GF-715. ; m/ 715._4' 10' GAS LINE i 1 25 7 - EASEMENT INSTR. 13.4' — 1020019782 �� CONC.- ---'13'--DIW-- 77 6.3 o COI 2 STORY LOT 248 BRICK do FRAME 714.7'145M So. FT. 1 6 `- DWELLINGBASEMEGM /JOO PIOS7ED W /FF=717.9 I Xj12.7' 1 BF=709.0 714.8 ? 'r PP/ 56 0' I IRF I • C3 —IRF— CONC. N 20'00'50" E 15' WATER LINE EASEMENT S/W 33.51 INSTR. 1020019782 CLYD� qLE DRIVE 52' R/w NOTES, LEGEND, AND DWELLING DETAIL SEE SHEET 2 FOR CURVE DATA, j O " PVC IDUIT SI 30 0 30 GRAPHIC SCALE (IN FEET) HOUSE LOCATION SURVEY LOT 248 CANTER ESTATES SECTION THREE - PHASE I SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE.- 1 "' = JO' DATE: MARCH 11, 2004 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 www.greenwayeng.com Exhibit "D" MARK D, SMITH 9 No.002009 MEETING MINUTES OF THE FREDERICK COUNTY BOARD OF ZONING APPEALS Held in the Board Room of the Frederick County Administration Building, 107 N. Kent Street, Winchester, Virginia, on August 20, 2002. PRESENT: James Larrick, Jr., Chairman, Gainesboro District; Thomas Malcolm, (representing Shawnee .District);Dudley Rinker, Back Creek District; Lennie Mather, Red Bud District Robert Perry, Stonewall District; Theresa Catlett, Opequon District and Robert W. Wells, Member -At -Large STAFF PRESENT: Patrick T. Davenport, Zoning Administrator; Carol Huff, BZA Secretary --------------- CALL TO ORDER The meeting was called to order by Chairman Larrick at 3:25. p.m. July 16, 2002 MINUTES The minutes for the July 16, 2002 meeting were approved by unanimous vote after a motion by Mr. Perry and a second by Mr. Wells. PUBLIC HEARING ACTION - APPROVED , Mr. Davenport presented the background information and explained that when the building permit was obtained, a setback survey was not required based on the layout the builder presented. The single family dwelling that is the subject of the application was constructed in a location that would have required a setback survey if the initial layout had shown that. Since the applicant constructed the dwelling in a manner that was not consistent with the layout presented on the building permit., denial of this variance would be justified. Mr. Wells asked what constitutes a hardship in this case, and what would the consequence be if the application was denied. Mr. Davenport replied that "making a mistake" does not constitute a hardship and that if the variance was denied, the house would have to be modified to meet the setbacks. Frederick Co. Board of Zoning Appeals Minutes of July 16, 2002 Minutes Book Page 1154 Board members discussed the scenario that some of these types of situations may be done with idea that once the house is completed, surely the BZA would not require them to destroy it. Chairman Larrick recommended that they continue by opening the public portion of the hearing. Mr. Darren Foltz, of Greenway Engineering, was present to represent Manning & Ross Builders, Inc. Mr. Greg Bancroft, Vice President of Manning & Ross Builders, Inc. was also present to answer any questions. Mr. Foltz told the Board that Greenway Engineering had done all of the survey work for Manning & Ross Builders in the Sovereign Village Subdivision, and they had not had problems until now. He said they believe that a subcontractor may have "adjusted a few things on the lot" and that's how the mistake was made. When asked to clarify that statement, Mr. Foltz said that they think a subcontractor disregarded the stakes that were in the field. Board members asked how an eight -foot mistake could have been made, and at what point the building permit was obtained. Mr. Foltz stated that the house plan was "flipped" which resulted in reverse setbacks. Further discussion ensued regarding who was responsible for changing the original layout of the house, why had no one taken responsibility to make sure the house was placed the way it was supposed to be, and whether this really was a mistake or was perhaps done intentionally to increase the profit margin. Questions were presented regarding the `envelope' of the house and why flipping the design would create a change in the envelope. Mr. Bancroft came to the podium and told the Board that he thought what happened in this case was that someone may have run over the stake. He stated that he has built several hundred homes in this area and this was the first time he had ever been in front of the Board of Zoning Appeals. Mr. Bancroft acknowledged Mr. Wells' earlier comment on contractors disregarding setbacks on purpose but assured the Board that this was not the case. He admitted that an error had been made. He stated that in the future, if they do both the building restriction lines and have the automatic setback report, that will help when they pour the footers or build the wall. Mr. Bancroft said that he has seen builders purposely disregard setbacks but reiterated that they had not done that. Questions were raised as to how long Mr. Bancroft had been building houses in this area, who obtained the building permit, when was it discovered that a mistake had been made, and how many houses in the subdivision were set up so as to require a setback survey. Several Board members expressed their displeasure at the Board's being put in the position of being "the heavy" and needing to approve or disapprove something that was clearly someone else's mistake. Several more questions were posed as to why the plans were changed [flipped] after the building permit had been obtained and whether anything could be done to prevent this from happening in the future. There was no one present to speak against the variance request. DISCUSSION Frederick Co. Board of Zoning Appeals Minutes of July 16, 2002 2 Minutes Book Page 1155 Chairman Larrick told the Board that he was impressed with the fact that Mr. Bancroft's company had built hundreds of houses and this was the first time they had been before the Board of Zoning Appeals. Mr. Davenport said that anyone, whether they be from the public or a building firm, etc. could submit a letter to the Planning Department or Development Review and Regulations Subcommittee requesting stricter setback survey requirements. There was some further concern regarding possible legal ramifications that could occur if the Board reaches the point of "enough is enough" and actually denies one of these requests. The concern was that they will have to hear about all of the other ones that were previously approved. Chairman Larrick pointed out that the Virginia Supreme Court is very clear on this point and has ruled that each case is handled on a case -by -case basis and a decision on one case does not set a precedent for future cases. The Board's consensus on this application was that it did not appear to be intentional malfeasance; however, a very stern warning was issued to Mr. Bancroft to not appear before the Board again with a request like this. On a motion made by Mr. Malcolm and seconded by Mr. Wells, Variance #13-02 was approved. The vote was unanimous; however, it is noted for the record that the decision was arrived at with `great prejudice.' There being no further business at hand, the meeting adjourned at 4:25 p.m. by unanimous vote. Respectfully submitted, James Larrick, Jr., Chairman Carol I. Huff, Secretary Frederick Co. Board of Zoning Appeals Minutes of July 16, 2002 _ Minutes Book Page 1156 v -- 76B 13 176 BYRNE 76B 13 247 \\ I LAROSE 768 13175 SCHAM MGER 76B 13 153 PUTT 76B 13 248 4LLEY BLOLDING SYSTEMS, INC 76B 13 249 MAZZA 1 76B 13 263 VALLEY BUILDING% SYSTEMS, INC / � 768 13 262 ROGERS M VAR #02-04 Valley Building Systems PIN: 76B-1-3-248 h W+E S 0 100 + x - ------ --- + C) CLYDESD LE ,,,DRIVE G+O+ 0 INN O 0- C2 Yx 5j . . . . ...... ;10\0 j rr LOT 24�5 2-3 '15 II F 0-0 15 15 25 '7' G A R. BURIED x F Cy) N-i Lc) E3. F. 07. 50 c;)s f 12 150Q x try Q� 14 (4 x 0 x x_- AAA x x 5F, -5`2�0_',32'42" W 155. 13' 10' E3. R. L C) \ \ �� 30 0 30 GRAPHIC SCALE �� \\ \ (IN FEET) PROPOSED HOUSE GRADING PLAN LOT 248 H 0,- 1/ CANTER ESTATES- SECTION THREE SHAWNEE DISTRICTFRE-DERICK COUNTY, VIRGINIA TUNG H KUSUMA ➢ SCALE: 1 30' DATE: MAY 27 , 2003 No. 026715 GREENWAY ENGINEERING ox, 151 WINDY HILL LANE S' Engineers WINCHESTER'VA. 22602 ZONAL Surveyors TELEPHONE: (540) 662-4185 FAX: (540) 722-9528 Founded in 1971 www.greenwayeng.com 2291V SHEET I OF 0 0 u. --------------------------------- -- ------------ ------------ -------------------------- ------------------------- -------- "'.. --------------------- - ___ ---------------------------------- - -------------------------------- -------------------- ; ; ------------------- a al Lo M = W ------------------------ m X 54 ma — — ------------------- ........ ---------- A� L - -------- ----- --- ------- I.Y --------- --- --------------- ---- --------------- 1::: --- 4 C, IV Wa > 7 > m - - a ---------------- ---- --------------------- > ------------------------------------J --------------------------------- ----------------------------- ------------------------------------- --- -- - — - q, . FBA FRANK BETZ ASSOCIATES, INC. -su ol 1w/sul. 2" IBASEMENT FOUND. PLAN I ITHE KENMORE PARK I 6 IP t co 0300 9306 THIS DEED, made and dated this -.N day of �prt'% , 2003, by and between JASBO INC. a Virginia corporation, parry of the first part, hereinafter tailed the Grantor; and VALLEY BMDiNG SYSTEMS, INC., a Virginia corporation, parry of the second part, hereinafter called the Grantee. NOW, THEREFORE WITNESSETH: That for and in consideration of the premises and the sum of Ten Dollars ($10.00), cash in hand paid, receipt of which is hereby acknowledged, the Grantor does hereby grant, bargain, sell and convey, with general warranty of title, unto the Grantee, in fee simple, the following described property, to -wit: All of that certain lot or parcel of land, together with all improvements thereon and all rights, rights of way and appurtenances thereunto belonging, lying and being situate in Shawnee Magisterial District, Frederick County, Virginia, and more particularly described as Lot 248 on that certain "Final Subdivision Plat, Canter Estates, Section Three - Phase 1" drawn by Darren S. Foltz, L.S., dated September 20, 2002, attached to that certain Supplementary Declaration of Covenants and Restrictions, dated November 15, 2002, and recorded in the Ofce of the Clerk of the Circuit Court of Frederick County, Virginia, as Instrument No, 020019782; and being a portion of the lands previously conveyed to Jasbo, Inc. by that certain Deed dated December 16, 1987, of record in the aforesaid Clerk's Office in Deed Book 634, at Page 499. Reference is hereby made to the aforesaid instruments and the references therein contained for a more particular description of the property conveyed hereby. Tax Map No.: 7613-1-3-248 This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property, and in particular is subject to the restrictions, covenants and conditions set forth in that certain Deed of Dedication of Canter Estates, Sections Two and Four dated September 25, 2001, of record in the aforesaid Clerk's Office as Instrument No. 010012795, which restrictions, covenants and conditions are incorporated into and made a part of that certain Supplementary Declaration of Covenants and Restrictions dated November 15, 2002, of record in the aforesaid Clerk's Office as Instrument No. 020019782; provided, however, that the foregoing shall not be deemed in any way to reinstitute or republish any restrictions of record that may have expired or lapsed. 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 and encumbrances; and it will grant such further assurances of title as may be requisite. rQ w WITNESS the following signature and seal: Cn co JASBO, INC. BY: "I� (SEAL) Beverley . Shoemaker, President STATE OF VIRGINIA, AT LARGE, City of Winchester, to -wit: The foregoing instrument was acknowledged before me, a Notary Public in and for the State and Jurisdiction aforesaid, this 222� day of cL 2002) by Beverley B. Shoemaker, Jasbo, Inc. My Commission expires: -713110t,o 1 NOTARY PUBLIC THIS INSTRUMENT PREPARED BY; Michael L. Bryan, Esquire Bryan & Colem4n, P.L.C. 9 Court Square, 2' Floor Winchester, Virginia 22601 VIRGINIIA: FREDERICK� roUi Y\d Cr, oa 'Ibis Instrument of writing P *0 annexed an w' rtiiicate of acknowledgb t the 5, 802 of was . fitted to record. T imposedY $ /&? Sand 58.1-801 have been paid, if assessable 0 IojPN 0019 82 MER #p20 INS,' LOT 249 6' FENCE lRF , TELE. PED. 715.1 SUMP PUMP--'--` 715.3'. w IIIIIiI_ I�"M , U 714.8' x 715.2' LOT 247 �1 w a? GARAGE 715.5 GF=715.� m1 715.4'. 10' GAS LINE ; 25•7- EASEMENT INSTR. 13.4' 102001982 7CONC.— —113 �-DIW= 20' SAN. SEWER EASEMENT -i INSTR. 1020019782 S 20'3242" W ' x712.4' 716.3;715. 01 m I 1 (� 2 STORY LOT 248 RICK do FRAME 714. 7'14558 So. FT. I DWELLING GM I I300 POSTED 1 W/ BASEMENT i FF=717.9 , x 12.7' � BF=709.0 714.8 1 / BRL 56 0 l-- ^, STOP )NC. S w '1 SIGN EL NS — _1RFCONC.A N 20'00'50" E 15' WATER LINE EASEMENT S/W 33.51 ' INSTR. J020019782 CLYDESDALE DRIVE 52' R/w NOTES, LEGEND, AND DWELLING DETAIL SEE SHEET 2 FOR CURIE DATA, '61 S I n� I C 1 CONC. S/W rn LO �- z IRF j v 3.5" PVC "CONDUIT 30 0 30 GRAPHIC SCALE (IN FEET) HOUSE LOCATION SURVEY LOT 248 CANTER ESTATES SECTION THREE — PHASE l SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE.- 1 " = 30' I DATE.- MARCH 11, 2004 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 Founde in 1971 www.greenwayeng.com MARK D, SMITH No,002009 �.� Ism 2291V SHEET 1 OF 2 m • • STEPS TO BASEMENT 23.8' - CONCRETE CKj PATIO 5.5' 12.0' 66 O a' N GARAGE 4.3' 6.0, 20.1' 7.1' 12.2' A 18.6' PORCH N DWELLING DETAIL SC,ALE.• 1 "-20' CURVE DATA: CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C 1 164. 00' 11.20' 11.20' N 71 '4J 22 " W 03'54'48" C2 4J. 00' 67. J8' 50. 69' N 24.52 J4 " W 89'4647" C3 549.00' 60.48' 60.45' N 16'51 '29 " E 06' 18'41 " LEGEND•' IRS = 1/2" IRON REBAR SET W/ CAP WM = WATER METER IRF = IRON REBAR FOUND TELE. PED. = TELEPHONE PEDESTAL NS = NAIL SET IN CONCRETE ELEC. TRANS. = ELECTRIC TRANSFORMER CO = SANITARY SEWER CLEAN —OUT S/W = SIDEWALK BRL = BUILDING RESTRICTION LINE D/W = DRIVEWAY PER RECORD PLAT CONC. = CONCRETE GM = GAS METER NOTES: 1. NO TITLE REPORT FURNISHED. EASEMENTS OTHER THAN SHOWN MAY EXIST. 2. FOR THE BENEFIT OF THIS HOUSE LOCATION SURVEY, THE LOT OR PARCEL SHOWN HEREON IS BASED ON THE SUBDIVISION PLAT SHOWING LOT 248, SECTION THREE — PHASE 1 OF CANTER ESTATES RECORDED AS INSTRUMENT # 020019782. TOPOGRAPHIC CONTOURS SHOWN ARE BASED ON A CURRENT FIELD SURVEY. CONTOUR INTERVAL = 1 FOOT. J. NO PORTION OF THIS PROPERTY LIES WITHIN THE 100 YEAR FLOOD ZONE AS SHOWN ON FLR.M. COMMUNITY —PANEL # 51006J 0200 B, DATED JULY 17, 1978. 4. TAX MAP REFERENCE 76B—((1))—(3)-248, CURRENT OWNER: VALLEY BUILDING SYSTEMS, INC., RECORDED AS INSTRUMENT JOJ0009306. 5. PROPOSED FF = 717.50 ; BF = 707.50 , AND GF = 715.50' PER PROPOSED HOUSE GRADING PLAN, LOT 248 CANTER ESTATES — SECTION THREE, DATED MAY 27, 2004, SHEET 1 OF 2. HOUSE LOCATION SURVEY LOT 248 CANTER ESTATES SECTION THREE - PHASE l SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA - SCALE.• 1 " = JO' I DATE: MARCH 11, 2004 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX: (540) 722-9528 Founde in 1971 www.greenwayeng.com V%v �� r MARK D, SMITH No, 002009 �. Sul; 2291V SHEET 2 OF 2 w N DEPT. OF GEOGRAPHIC INFOR11 ATION SYSTEMS FREDERICK COUNTY, VIRGINIA W E GIS, MAPPING, GRAPHICS FORKREQU EST S DATE RECEIVED: REQUESTED COMPLETION DATE: REQUESTING AGENT: Department, Agency, or Company: - Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROJECT: FAX: ,9 �" DESCRIPTION OF REQUEST: (Write additional information on back of request) DIGITAL: PAPER: FAX: E-MAIL: SIZES: COLOR: BLACK/WHITE: NUMBER OF COPIES: STAFF MEMBER: COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: HOURS REQUIRED: AMOUNT PAID: CHECK NO.# a Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) i/f�-LLey BC�-[�..-7Jl`Z�� YS��/�S T0: Barbara- Data Processing FROM: Bev - Pl nning Dept. p ...1 . A) `7 6 46 / — Please print sets of labe . Additional comments if an 3 o THANKS 13. Ad : y See attached photos and architectural plan 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: FkNI FNVA-1-5 C rt s Canter Estates Section 3, Phase 1, Lot 247 Address 302 Clydesclol & 5-�W 6� VU5s property ID # 76B-((1))-(3)-247 Canter Estates Section 3, Phase 11 Lot 249 6roxn InG 2ZA Address /03 C4. S k 6& 2 2 45'5 Property ID # 76B- ((1)) - (3) -249 /1/ar�4n %�j/rhe . 3 3 C/ c O% � �SA hens C4 22'5-S Address (j Property ID # 7�'� -1 "3-- 76 j G .SC1j GGf') Irl yer Address 301 61C�Sct�s�e /J/'. �f R• Clr �.Z�J`�5 Property ID # -3- 75 U (err 1 �( Address �2 ck/t 46 .426 Property ID # 26 .. f - 3 -/Y 3 UG I%Y A4 la �A/10 )17 C Address 7-73.5 Ajn • A loam z265 Property ID # �1 i0 Pa' S Address 1(22 L&a� 6 hw �Z-2 45.5 Property ID # Address " Property ID # P� I Page 7 of 9 / y COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 PUBLIC HEARING April 6, 2004 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #02-04 OF VALLEY BUILDING SYSTEMS, INC. On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, April 20, 2004, 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 application: . Variance Request 902-04 of Valley Building Systems, Inc., for a 7.1-foot front yard variance (along Clydesdale Drive) for an attached stairs, stoop and porch. This property is located in Canter Estates, Section 3, Phase 1, Lot 248, at the intersection of Clydesdale Drive and Lariat Court. The subject property is identified with Property Identification Number 76B-1-3-248 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 or the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, �dml7w�j /W Patrick T. Davenport, CZA Zoning and Subdivision Administrator PTD/bad 107 North Kent Street • Winchester, Virginia 22601-5000 li - Ic T is is �tp certify tha the attached correspondence was mailed to the following on �'i c� C�EJ � from the Department of Planning and Development, Frederick Co nty, Virginia: - - - 76B 1- 3- 263- 76B 1- 3- 248- VALLEY BUILDING SYSTEMS, INC VALLEY BUILDING SYSTEMS, INC 7735 MAIN ST 7735 MAIN ST MIDDLETOWN, VA 22645.9502 MIDDLETOWN, VA 22645.9502 - - - - 76B .1.3- 262- 76B 1- 3.247- ROGERS, CRAIG K LAROSE, CHRIS 102 LARIAT CT & BROCKWAY, ADAM STEPHENS CITY, VA 22655 302 CLYDESDALE DR STEPHENS CITY, VA 22655 - - - - - - - - - - 76B -1.3- 249- MURPHY, PETER A & MAllA, CARMEN D & TARA L 103 LARIAT CT STEPHENS CITY, VA 22655 76B • 1- 3- 176- BYRNE, NORMAN R & JENNIFER L 303 CLYDESDALE DR STEPHENS CITY, VA 22655 76B - 1.3.175- SCHACHINGER, ERIC & KELLI 301 CLYDESDALE OR STEPHENS CITY, VA 22655 76B -1.3- 153- 0-0411-e7j PUTT, JERRY L & EMILY A 207 CLYDESDALE DR trick T. Davenport, CZA STEPHENS CITY, VA 22655 ning and Subdivision Administrator .derick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK ,'a Notary Public in and for the State and County aforesaid, doherebycerOfy that Patrick T. Dav port, Zoning and Subdivision Administrator for the Department of Planning and Development, whose name is signed to the foregoing, dated 6 , has personally appeared before me and acknowledged the same in my State and dounty aforesaid. Given under my hand this 6,1-4 day off My commission expires on X' NOTARY PqJBLIC SYS j _ems TO: Barbara- Data Processing _ FROM: Bev - LO g Dept. Please printsets of labels-br,.- � 3 THPMS!1} 13. Additional comments, if any:- See attached photos and architectural 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: INNk Ibl ( rf S Laro3-�. Canter Estates Section 3, Phase 1, Lot 247 Address 302 C de-5c r. t r 5 -� A. Lii 92�5.5 property ID # 76B-((1))-(3)-247 . Canter Estates Section 3, Phase 1, Lot 249 Crrrf1en ZZA Address /03 C4- S �, 6 2 2 4.5-5 Property ID # 76B- ((1)) - (3) -249 /l/dJ^rn(4n %3yr/ee Address 303 Cl Ole S&11�45 62s265 Property ID # 76/5 4 - 3- / 7 `-- j L -�A ac Jnyer Address 3oi & �Z�Jr✓� Property ID # 7�6-1-3' 75 Tcrr 1 PO4 Address �2 o7 Clok fi,-- L�t k (. 2205 Property ID # -1- 3 -15 3 i-I OG 1� y /-�uJi/!�l �j�1C/yjS 7C Address7 % 3-5A n�dd1 e- Ntwi ZZ. , Property ID #2eO -3 -:?' 3 1/ Address /N �rJ�� C4 luns Cry -22 45.5 Property ID # �- 1-3 ^ t? Address Property ID # Page 7 of 9 Nk A ♦ - - F �, _ T + :Lw 41, ~ if.. Al 404 r� R I