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Home My WebLink About11-05 John & Christina Dicks 18' Front Yd - Opequon - BackfileBOARD OF ZONING APPEALS Variance Request Tracking Sheet Date: S' File opened 61 /05- Reference Manual updated/number assigned y 7 oS D-base updated `/ b S opm- location map requested from GIS ,4 7 o /i DS. Ll S % 7a n1cc`- Two sets of labels requested from Data Processing • 7.015 File given to Renee' to update Application Action Summary j2JAI MEETING DATE: FINAL ACTION: CLOSE OUT FILE: o Approval (or denial) letter mailed to applicant/copy made for file File stamped "approved„ „denied" or "withdrawn„ Reference Manual updated i Y/r D-base updated File given to Renee' for final update to Application Action Summary U'.\Bev\Common\Tracking sheess\BZA Tracking hza Revised 0"5101 � O ® O m N ~ aZo cc 0 LL Q O N � n� IY'1 7�.1 U fi t, N 'AImp i wa�3� DATE NO. r 8259 CASH - 7DUE DCHEC • MONEY ORDER BY "."" �""`-.c iZ l�l t '46 1 f cl;% TO: Finance Department • COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 MEMORANDUM FROM: Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: May 18, 2005 The amount of $50.00 was deposited in line item #3-010-019110-0008 for John Dicks. He had a deposit for one sign for a Variance Request #11-05. Mr. Dicks has returned the sign and is therefore entitled to the return of the deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $50.00 to: RSA/pd John Dicks 581 Germany Rd Stephens City, VA 22655 6-P-05 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 t e 0 ou sal Due 2 rfalLes ptopeTW Late y Dish°t of the tight Co�ssiopet S by the daress et aiUn ou ry Tteasut C 22 V.0 oX 6��A225 hestev, 66 56131 (54 E,... wi1 Ad a Lek *a us rn� '°.fc epa met In{otn'at�� DERICKv AUS O F� C OI{i�eAotcoTV 5•�� ensurer s g:3� an` eaktc day through be of ec d Butt hOVts lrtrNrled,ge `eand a • {ya`s tu,o oldr..r+r • + GISo `+'.0r++csbee\ VBtCLEL10EndC db,e f teme�ta J e that best of 01. y 1cn S � es F to the Busine ff f 50o�a {or �' nature FREDERICK COUNTY R E C E I P T C. WILLIAM ORNDOFF, JR P.O. BOX 225 gn WINCHESTER VA 22604-0225 G Ticket #:00004900001 Date 4/07/2005 Register: LJT/LJ # 96 Dents# . 1095 Acct# SIGN DEPOSITS PLANNING Previous Balance $ 50.00 Principal Being Paid 50.00 Penalt .00 Interes� .00 Amount Paid $ 50.00 *Balance Due $ .00 Cash 475.00 Pd by PLANNING & DEVELOPMENT 4/7 Check 200.00 # BOC 6981 BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 4/2005 A 03 x,TF �3� NO, 82 1 4480001 @ 4. ' �CEIVED FROM _ /07/2005 QDRESS Q �� '� i cx. �( -'_= U 5 LJT/LJ 05596 o 7_�. ` ---- — �' i._ LLARS $ 7L. t PCO1 /{3/° 25.00 _ T. OF ACCOUNT 25.00 (� CHECK MONEY o o a I j {�� f % EY L ti fffj^y .00PAID OO 6ALANCE UE ' 25.00 .00 Pd b PLANNING & DEVELOPMENT y BALANCE Cash 475.00 4/7 Check 200.00 # BOC 6981 DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 4/2005 0 • May 18, 2005 Mr. and Mrs. John P. Dicks 581 Germany Road Stephens City, VA 22655 RE: VARIANCE REQUEST # 11-05 Dear Mr. and Mrs. Dicks: 540/665-5651 FAX: 540/665-6395 This letter is to confirm that the above -referenced application was approved by the Board of Zoning Appeals at their meeting on May 17, 2005. Your request on parcel bearing Property Identification Number 73-A-89 was for an 18 foot front yard variance. The property is located at 581 Germany Road (Route 625), in the Opequon Magisterial District. If you have any questions regarding this action, please feel free to call this office. Sincerely, I�Iafki he`ran Zoning and Subdivision Administrator MRC/bad cc: Jane Anderson, Real Estate 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 • VARIANCE APPLICATION #11-05 JOHN AND CHRISTINA DICKS Staff Report for the Board of Zoning Appeals Prepared: May 6, 2005 Staff Contact: Mark R. Cheran, Zoning Administrator 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: May 17, 2005 - Action Pending APPROVED LOCATION: 581 Germany Road (Route 625) , MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER(S): 73-A-89 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) District Land Use Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) South: RA (Rural Areas) East: RA (Rural Areas) West: RA (Rural Areas) Use: Residential Use: Residential Use: Residential Use: Residential VARIANCE REQUESTED: The applicants are requesting an 18 foot front yard variance. REASON FOR VARIANCE: Applicants desire to replace existing mobile home with a new one. Variance Request #11-05, John and Christina Dicks May 6, 2005 Page 2 STAFF COMMENTS: This one (1) acre property was created prior to Frederick County adopting performance zoning, which was adopted in 1967. The Frederick County historical zoning map shows this property was zoned A-2 (Agricultural General) in 1967. The property setback lines at the adoption of the zoning ordinance were 35'front and 15'sides. Frederick County amended its Code in 1989 to change the rural zoning districts to the current RA (Rural Areas) zoning district. The current setbacks for property in the RA zoning district abutting lots with residential use are: 60'front, 50'rear and sides. The applicant is requesting an 18' variance to allow for a new mobile home on the property. The mobile home currently located on the property is more then 30 years in age and needs to be replaced. This model is no longer in stock to enable the applicant to make a one -for -one replacement, as required for non -conforming uses. STAFF CONCLUSIONS FOR THE MAY 17, 2005 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 is seeking a variance of an 18'front yard variance. Should this variance be granted, the building setbacks for this property would be:12' front and sides for this corner lot. The application of the current setback requirements of the RA zoning district may produce an undue hardship due to the narrowness of the property. The granting of an 18' variance may be justified. a� 73 A 88 Q R & T PACKING CORPORATION ^ Q _ I z ti t CO t U �J 73 A 39 CARBALIGH, DAVID HENRY CA ov 73 6 1 HAINES, JASON L & TAMMY R 73 A 908 ANDERSON, DANIEL W & SANDRA K 73 12 13 SIMPSON, MILDRED S 73 12 12 BANKS, JAY STEVEN & SHERRI LEE Map Features VAR # 11 - 05 'Vcuj-e L.p¢a /N/Cumens oP°r°°l° John & Christina Dicks 8 lekeslPontls IN/ Dams RprleulNralB Forntral Dlstrlctz ams ^ Stre/ Retalninp Walls - Double Church N ( 7 3 — A — 8 9 ) Rulld,Nq Road Centerlines RehpeChum ®.anke H CD soum Frederick w E 0 25 50 100 -.. hails S Feet 4f yR'� r •. ii iz n kf � .'4 T ` �}t• 'i1 i r. � ��, ,�T',fr" -P �a� �. i..'. r p • ' r o 0 rF rj 5;� § y O ;�• w. ccxt f �' _ _ ir, � iaR �#.- f � y J ,V; 4Z a h, 1 rg � rt°i if r �'• }yJ 4 .s,�r !d r _ _ s h All 41' le *Oro , P •� 1 �x F� tl! i, / i i 4 > t �4sy?'� Jc./ �j4'M s .c" 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 V1 other . (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: Sd ti n P. D I L )i Is - ADDRESS 581 (per mctn)y R -S kc hcr, (- , x VA D G IS TELEPHONE: 86 8- o 6 a 0 NAME: GAr,s f, h c, M. i); (,hS- ADDRESS: Sou I G e r m yh V R O -Sieptien (-"�i VA Jlbss TELEPHONE: 868 - o w 3. The property is located at (give exact directions and include State Route numbers): 101A/ Ke)itst —to - L t— +akcG�rf- - Gy) �o �1_1k-e q r,'9ht onto M I P p f= So a Ghot,t b4,dc - -�Uwn Leo% oh+o Gciricr's Ln/ -- ju to S51G Sigh "Urn r5hfan 6erm4nv / p 4rol- PrIvc wax on the Leit 4. The property has a road frontage of 3 0 feet and a depth of -3 feet and consists of I acres (please be exact). Page 5 of 9 5. The property is owned by To h n D, G S b r; S as evidenced by deed from ('airy L . q ; c k S, vc � A, p; j ecorded (previous owner) indeed book no.:I Ns f l-kme b2 ; page r, goo).oy/9 of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: 0p1, u La,1 n 7. Property Identification No.: -7_5 - A - 69 8. The existing zoning of the property is: 9. The existing use of the property is: RC.55Vden(�L 10. Adjoining Property: USE ZONING North � S , Uenc e East hes,clN,,cc, f2z South R e..y , cbwe e 44- West R es cje.,c* ,ed 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.") /F � Fro r'o✓1f Y(Od V'Gr,aP1c,� fc,✓ .Dc!,4 b l r� W Ae "frq Jd;,^ 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 Page 6 of 9 13. Additional comments, if any: �e �► iIi'fIr iN1' II'ile- i h i S i>ytnrl Old Lh,!4 reef /ica It'akr fieter Cgelyi ih •the, Wg11.:--))aks ► h t ,f1Gof 11af worf I')X►`O� ye SGw, eJihy h►c:t jh Ocir rJ'fe 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 �jCSS/ h C Address T • C). a O) l.0 -a U)" ac- ZZ(Db� Property ID #— Sr'1c�Ppi L. 4-San, Address �� 3 C' I ee I2o{. Si-e h �4W Property ID # i3 ` 06<A _.t� rQ,5 C O J- wl 0-0 r Q Address P . 0. 'B 0 ?- a � bo w i rY Property ID # '7 3 — %9 -- 1, T �'�'lc� n et Wes R � Address , 5U a Ge rn U31, nC . Property ID # ( O_Ctr bo�- 0jP -i 1 Qa.o `&t4 Address 59 5 U),\,n,00 W;,ram a Property ID # 173 Address Property ID # Address Property ID # Address Property ID # Page 7 of 9 15. Provide a sketch of the properly (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 AGREEMENT VARIANCE # //-06- (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) days prior to the BZA public hearing and maintained so as to be visible from the road or right-of-way until the hearing. I hereby certify that all of the statements and information contained herein are, to the best of my knowledge, true. SIGNATURE OF APPLICANT DATE SIGNATURE OF OWNER ( Q j�N ,P— dal` T�� DATE 7 =QS (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF � i 7 0 Sr ACTION: - DATE- V APPROVAL SIG C Ca-UH4 BZA C AERMAN DENIAL DATE: '5I n I o'!�- Page 9 of 9 A .-a co In rn a, 10 0 U D a a x in o, it a� Id Z a akId ort$4 U EA 0 V !f J IREOORY F. Mr."INSON rom4EY AT LAW 3 BnAODOCK BT HEBTER, VA 22BO1 O C) 040020419 THIS DEED OF GIFT, made and dated this S_ day of October, 2004, by and between GARY L. DICKS and JOYCE A. DICKS, husband and wife, hereinafter called the Grantors; and JOHN PAUL DICKS and CHRISTINA M. DICKS, husband and wife, hereinafter called the Grantees. WITNESSETH: That for and in consideration of the sum of Ten Dollars, and other valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby grant and convey with General Warranty and English Covenants of title unto the Grantees, as tenants by the entireties, with common law right of survivorship, the following property: All that certain lot or parcel of land, containing one (1) acre, more or less, together with all improvements and appurtenances thereto belonging, lying and being situate at the intersection of Germany (formerly Old Hite) Road and Carter's Lane (formerly Newtown Road) at Relief, about three and one-half (3-1/2) miles West of Stephens City, in Opequon Magisterial District, Frederick County, Virginia; AND BEING the same property conveyed to Gary L. Dicks and Joyce A. Dicks by deed dated June 16, 2003, from John Paul Dicks of record in the aforesaid Clerk's Office as Instrument No. 030012949. Reference is hereby made to the aforesaid instruments and the attachments and the references therein contained, for a more particular description of the property hereby conveyed. b O 110 Ul This conveyance is made subject to all easements, rights of way and restrictions of record, if any, affecting the subject property. WITNESS the following signatures and seals: v q C, c.d� (SEAL) JOYC A. ICKS STATE OF VIRGINIA, CITY OF WINCHESTER, to -wit: The foregoing instrument was acknowledged before me in my City and State this 5- day of October, 2004, by Gary L. Dicks and Joyce A. Dicks. oREMORY F. {JTCHINOON fTORWEY AT LAw I B. BRAU00CK 5r CJ-IEBTE,R. VA 22901 M Commission Ex iresA � 'S 1 0 0 Y P NOT Y PUBLIP,-�,-N VIRGINIA- FREDERICK COUNTY, SCT. X to This instrument of writing was produced to me on o ,md with c rtificat, of acknowledgemcnt thereto annexed '.,, 10 e was admitted tand torecord. T imposed by Sec. 58.1-802 of i 58.1-801 have been paid, if assess" W N S E REQUESTING AGENT: DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS aN FREDERICK COUNTY, VERGE-UA GIS, MAPPING, GRAPJECS WORKREQUEST DATE RECEIVED: LT n REQUESTED COMPLETION DATE:`! o Department, Agency, or Company: - Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROJECT: FAX: DESCRIPTION OF REQUEST: (Write additional information on back of request) _ Z-t)64T1 a Ail In A Ps DIGITAL: SIZES: COLOR: PAPER: FAX: BLACK/WFIITE: . 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 NON Frederick County GIS, 107 North Kent Street, Winchester, VA 22601" (540)665-5651) i 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING May 3, 2005 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #11-05 OF JOHN AND CHRISTINA DICKS On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, May 17, 2005, 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 #11-05 of John and Christina Dicks for an 18 foot front yard variance. This property is located 581 Germany Road (Route 625). The subject property is identified with Property Identification Number 73-A-89 in -the Opequon Magisterial District. Any interested parties having questions or wishing to speak may attend this hearing. A copy of the application will be available for review at the Handley Library or the Bowman Library the week of the hearing, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, Mark R. Chera Zoning and Subdivision Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify tat the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: - - - - -- 3 A 89 73 -6- - 1- 7 73 - A JOHN PAUL & CHRISTINA M HAINES, JASON L & TAMMY R �I 625 GERMANY RD 581 GERMANY RD STEPHENS CITY, VA 22655 O W'" STEPHENS CITY, VA 22655 5113 73 - A- - 12- KSS, LC PO BOX 2368 WINCHESTER, VA 22604-1568 73 - A. - 13. SNAPP, ALFRED L. & SON, INC. 883 CLARK RD STEPHENS CITY, VA. 22655.5406 73 - A- - 88- R & T PACKING CORPORATION CIO F & M TRUST CO PO BOX 2800 WINCHESTER, VA 22604.2000 73 - A- - 47- HUFFMAN, JAMES R II 502 GERMANY RD WINCHESTER, VA 22602.2757 73 - A- - 39- CARBAUGH, DAVID HENRY 595 LAUREL GROVE RD ,l WINCHESTER, VA 22602.2852 e � Mark R. Cheran Zoning & Subdivision Administrator Frederick County Planning Dept. STATE OF VIRGMA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, doh eby certify that Mar . Cheran, Zoning & Subdivision Administrator, for the Department of Planning and Development, whose name is signed to the foregoing, dated a s , has personally appeared before me and acknowledged the same in my State Ad County aforesaid. Given under my hand this/- day of My commission expires on D C) os AC A). TO: Barbara - vata Processing • FROM: Bev - Planning Dept. Please print sets of labels by: THANKS!!! ,I 13. Additional comments, if any: ht �� I �� tN e 31�ears- o l4 f Aere c, i-qch-, o 1-he yaf:d/--A0les h I-%P- �f1G,0r no, w� �fti f x ,P7 e, 1,�P- �V;J f- Sv✓►�etl,�h5 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: PUN Address Q - Q , a OX to lam' nC- zz(cb ! Property ID # 7 3 — Iq — 5no,()gl 14k t— -San, Address S2 C� t2o(. S� h• C�= Property ID # '73 — P i3 1 i��Y� PG�JI� C ► �Q,r P C CD ,Pr Address P - 1� p %C oZ d0 w i rrYC . Property ID# 7— f ��a� Q Address 5o a22 Property ID # r `�1-� !Quo Address t�a�� -_.0 �-� 27� O v e- W Property ID # '73 m S o t- V To, Address Property ID # Address Property ID # Address Property ID # Page 7 of 9 , , A17 'e!� cl� A� /ems' TU: Barnara - Data Processing FROM: Bev -Planning Dept. Please print � sets of labels by: %° . y. - / Al 7 3 - f1 rg !Z ate oS"- THANKSIII 13. Additional comments, if any:k iIy rr C� /J '4h, reikhr. I-CccVr 11eY� Chgcki if, -� hp' l,/ V Ida/l.� -- ales e, `f100r PO wcrf� )�x h �, W9 1 h - - 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: REX i �! riC�S/ 1 t'1 C Address Q • Q , `a O Property ID # r7 3 — /q — 51'1QPpi 14 k P(-L. �E-S_an, �nC -551 Address C' I ct 12o1. S %e h CuO Property ID # P 17� — %3 '-. Pc�JIU � 0-0 r P. Address P - O - 1�3 0?� a db w i ry Property ID # 7— f �Mck n a r R Address 5U a Ge rrn . Property ID # _ _ � On -) Qao f .�-0 22,(o D Address P�ZAW-. Propey ID # — �} — 4/ '('C.h I tri. G f7 F � C)..'7 171•'i �-t � Address // __ } .�- // t l.1/ '7 LA. ''�.,4�n. ✓5 l{, Property ID # — Address Property ID # Address Property ID # Page 7 of 9 ��v BARBARA ZITTTRER 950 Carters Lane Winchester, VA 22602 540 868-2316 April 26, 2005 To Whom It May Concern; I am writing in behalf of my neighbor, John Dicks, who lives at 581 Germany Rd. in Frederick County. I understand that he would like to improve his home and lifestyle by placing a new structure on his property, but that there may be a problem inasmuch as the proposed distance from his door to the road will be 42 feet (18 less than the prescribed 60 feet). I hope that he will be granted any variance necessary so that he can complete his new home as planned. John is a hard worker, a considerate neighbor and a good citizen; and I think that he should be allowed to realize his dream of a new home here in our neighborhood. Thank you for your consideration. Sincerely yours, lakbavka �*vzev-L Barbara Zittrer May 13, 2005 Frederick County Zoning Division Winchester, VA 22601 RE: The Dicks residence Germany Road Stephens City, VA 22655 I'm writing this letter to make sure that you approve the variance for the Dick's family. I don't feel it would be too close to the road or anyone for that matter. Every American is entitled to improve their way of living and this would benefit them greatly. A double wide trailer would give them enough room to where they are not on top of each other in their home. Please consider approving their request. Many people are not able to get that one step of making their lives better and it goes down hill from there, this would bring . them up considerably. I am a homeowner on Carters Ln in Stephens City, VA and my wife will be at the hearing to voice he opinion as well as mine in this letter. Thank you for your time. Sincerely, Joseph F X ey 596 Carters Lane Stephens City, VA 22655 540-868-2971 C i•d