HomeMy WebLinkAbout13-05 All Imports & More Front & Left Yard - Shawnee - BackfileBOARD OF ZONING APPEALS
Variance Request Tracking Sheet
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File stamped "approved", "denied" or "withdrawn"
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BY �JQ.Q--iI �..
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
MEMORANDUM
TO: Finance Department
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 the company listed
below. All Import & More had a deposit for one sign for a Variance Request #13-05. The
company 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:
All Import & More
1824 Valley Ave
Winchester, VA 22601
RSA/pd
Q�' 5.19-06
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
DATE NO. 8288
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•
May 18, 2005
Mr. Weldon C. Wilson
All Imports & More, LLC
1824 Valley Ave.
Winchester, VA 22601
RE: VARIANCE REQUEST #13-05
Dear Mr. Wilson:
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 7613-1-3-228 was for a six inch front yard variance and a six inch left side
yard variance. The property is located at 331 Clydesdale Drive, in the Shawnee Magisterial
District.
If you have any questions regarding this action, please feel free to call this office.
Sincerely,
r1rkR. eran ,
Zoning and Subdivision Administrator
MRC/bad
cc: Jane Anderson, Real Estate
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
VARIANCE APPLICATION #13-05
ALL IMPORTS & MORE, LLC
Staff Report for the Board of Zoning Appeals
Prepared: May 9, 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 AppRO'VED
LOCATION: 331 Clydesdale Drive
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER(S): 7613-1-3-228
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 front variance of one foot, six inches
and a left side variance of one foot, four inches.
REASON FOR VARIANCE: To correct violations of the building setbacks.
Variance Request #13-05, All Imports & More, LLC
May 9, 2005
Page 2
STAFF COMMENTS: The applicant is requesting a variance to abate violations of the building
setback requirements for the RP (Residential Performance). The front setback is one foot, six inches
over the setback line. The left side setback is one foot, four inches over the set back line. The
Frederick County Zoning Ordinance requires building setbacks for the RP zoning district to be:
Front - 35'; Sides - 10'; Rear - 25'. The applicant purchased the property to finish the construction of
the existing dwelling. The dwelling was in violation of the setbacks when the applicant purchased
the dwelling. Repairs and corrections were required by the Frederick County Building Department.
These repairs were completed and resulted in the setback violations.
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.
Granting of this variance may be appropriate, in that there will be no substantial detriment to any
adjacent properties or character of the zoning district.
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MCNEILL, DOUGLAS B
Map Features Variance # 13 - 05
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oPdfels All Imports & More, LLC n� lakesTontls ^Dams� Dams AahculNrel a Forastral Dlf trla[s
,�,,•• Screams /N,/ RaW-9 Well. - Double Church (7 6 B - 1 - 3 - 2 2 8 )
eutldmgs Road Centerlines ® Refuge Church
Tanks O Souh Frederick
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APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIU
MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT
I . The applicant is the owner other
2. APPLICANT:
NAME: (1 ern ps?r A�, } Mo rcr LLC
(Check one)
��.
APR 2 2 2005
FREDERICK COUNTY
PI A^ !dIiJG & OEVELOPPJIENT
OCCUPANT: (if different)
ADDRESS ay �jn-Ite,.� QL,Q ADDRESS:
VA aswoi
TELEPHONE: 4 7y - 5y Qp �, n TELEPHONE:
3. The property is located at (give exact directions and include State Route numbers):
4. The property has a road frontage of feet and a depth of (, % feet cat �r
and consists of 0, 3& y,5 acres (please be exact). j ��; 7 ' � un wes #'
Page 5 of 9
•
5. The property is owned by Q11 �.m�c-� 4 Mct . LL C as evidenced
by deed from C - ACC az,"e L C recorded (previous owner) in deed book
no. acob on page �? 03 i of the deed books of the Clerk of the Court for
Frederick County. Please attach a copy of the recorded deed.
6. Magisterial District: Jd wite_<-_
7. Property Identification No.: `) L. 3 -
8. The existing zoning of the property is:
9. The existing use of the property is: _ ur% cer ocnzS U c �On
10. Adjoining Property:
North
East
South
West
11. Describe the variance sought in terms of distance acid type. (For example: "A 3.5'
rear yard variance for an attached two -car garage!)
o• c�' C" IcA side. 4 scary
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 proper�t immediately aci;a�ent thereto
Sr'-p— C14-CA-\CA
to 9
i
12.
• Building permit was pulled
• Mr. Ambrogi was told not to start building due to 4 other homes he started
• Mr. Ambrogi did not listen and hired Diamond Walls to do the foundation
• Diamond Walls poured the walls. We later find out that they had poured the walls
twice both times incorrectly. Mr. Ambrogi was told to correct this problem.
• We leave town
• We return to find that he has worsened the situation by hiring a framer and frames
the house (the framer Buster Cubbage has since died)
• See photos for walls/framing
• We asked Mr. Ambrogi to account for the construction draws and repair the issues
with the walls, he did neither and totally stopped working on the house and left it
set
• We further found through legal proceedings that there were mechanic liens on the
property; at this time Mr. Ambrogi even stopped answering his phone.
• We talked to the county inspectors and they asked us to draw a sketch on
repairing the wall so we did and they accepted the modifications. See aka c hcci s ka��
• So they were repaired, inspected and passed by the county.
• We thought all was good.
• Until the final house location survey. That showed that we had two set back
violations.
• One issue is on the side of the garage consisting of 0.6' (7 inches). We are in the
process of satisfying this issue with a boundary line agreement with the neighbor.
• The second issue is on the front side of the garage consisting of 0.4' (5 inches).
• See attached plat.
• We are here at your mercy so please help end this whole ordeal.
0
0
13—,A44itional comments, if any:
.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:
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Address T b [3ax )
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Property ID (9 _ _ a
Common
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Address 7
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Property ID # qU 1 �- I-
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Address 33 CISk-pib-nCL
VA
Property ID # 1)(13 " / - - ri
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Property ID # ri (n Q
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Properly ID # i(n - - ~ D I L9
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Property ID # _ i _ _, a is-
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Property ID # r)(,. -
Page 7 of 9
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15. Provide a sketch of the property (you may use this page or attach en ' eer's dra
wing).
awing).
Show proposed and/or existing structures on the property, including measurements
to all property lines and to the nearest structures) on adjoining properties. Please include any ocher exhibits, drawings or photographs with this application. ase
Page 8 of 9
AGREEMENT
VARIANCE # %� - %5
(Number io 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
t�
DATE -1/w l�
SIGNATURE OF OWNER DATE
(if other than applicant)
-OFFICE USE ONLY-
BZA PUBLIC HEARING OF �5/ � � _ ACTION:
- DATE-
✓ APPROVAL SIGNS
BZA C
DENIAL DATE: - S � (/ '? I ps
Page 9 of 9
LOT 218 I
IRF1N43t7859�4c- \ LOT 217
5 iotx 2-#701. '70 . 70
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II A 4x8 V 70 .2
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703x4 697oo.AD DECK 13.9
\ 698 19.4
1 I. ONE STORY
M.6 97.'69BRICK & FRAME
LOT 221 NO # POSTED 7.0' SP
0 FFE=707.67 16.6,
GFE=703.55 H
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COMMUNITY NO.: 510011 PANEL: 700 B
DA TE:8 W
LOT 216
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710-
7�&8
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LOT 228 7
704xg 16,096 SQ. FT.
705.4L� 064"
x6,iS'
LOT 215
II G° V, C a4. 705x4 4 •
looxs § Z1.7' I 7D5 6 - - - - ,0� OPEN SPACE 1 03.4 70 703- 104.1- _ 35 BRL /
696x4 2 1
1 I CONCRETE 703.8 7034
171. DRIVEWAY oz3 _
4�7 t �D II 01-7
64.4 p 701x8 _�L 7 51 ('}�%� 10" CAS
BRAB�DR1�1 SD 6 9.2 11 0'-_' ��"' = = ESM'
T
�I 95.6 9.7 _'
698.4pWM
- - - - -
x sB 667.8 697.7-- 1697.5- 697.5 - 697.2 E
s9xr�2 _ Cl 697 SIDEWALK s 96.3 __ TS' WATER ESM'
f7 697. 696.5 696
�
698. INLET LINE T
698.2 77 CL YDESDALE DR/ l/E
LEGEND 52' R/W
IRF - IRON ROD FOUND
BRL - BUILDING RESTRICTION LINE
TRB - TELEPHONE RISER BOX
TVRB - CABLE TV RISER BOX
SDG - STORM DRAINAGE GRATE
WM - WATER METER
FFE - FINISHED FLOOR ELEVATION
GFE - GARAGE FLOOR ELEVATION
BFE - BASEMENT FLOOR ELEVATION
72(x5 - EX. SPOT ELEVATION
-�72o- - EX. CONTOUR
NOTES•
1. NO 777LE REPORT FURNISHED.
2. PROPERTY IDEN77FICA 77ON NO. 76B-1-3-228
J. EASEMENTS 07HER THAN SHOWN MA Y EXIST.
4. THIS LOT IS SUBJECT TO A 15' UTILITY
EASEMENT AND AN 8' ACCESSIVAIN7FNANCE
EASEMENT ALONG CL YDESDALE DRI VE.
GRAPHIC SCALE
30 0 15 30 60
1 inch 30 ft.
CURVE TABLE
VO. RADIUS I ARC I TAN I BEARING I CHORD I DELTA
;1 379.00 " 108.83' 54.79' S 35 4536 " W 108.46 " 16 27'11 '
SURVEYOR'S CER17FICA TE
I HEREBY CER77FY THA T THE INFORMA 77ON
SHOWN ON THIS PLAT IS BASED ON AN ACTUAL
FIELD SUR VEY MADE UNDER M Y SUPER VISION
ON APRIL 15, 2005 AND 7HA T TO THE BEST
OF MY KNOWLEDGE AND BELIEF THERE ARE NO
ENCROACHMENTS OR VISIBLE EASEMENTS UNLESS
SHOWN.
HOUSE LOCH 77ON & AS -BOIL T TOPOGRAPHIC SURVEY
LOT 228
SECTION THREE - PHASE l
CAN TER ES TA TES
CL YDESDALE DRI VE
SHAWNEE MAGIS7FR/AL DISTRICT
FREDERICK COUNTY, WRG/NIA
APRIL 21, 2005
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ID 5263AI -rt#+**"' DAF
0 NORTH MARSH & LEGGE WINCHESTER, VIRG NIIASTREET 22601
Land Surveyors, P. L.C. PHONEFAX (540) 667-0469
COUNTY of FREDERICK
Department of Planning and Development
5401665-5651
FAX:540/665-6395
NOTIFICATION OF PUBLIC HEARING
May 3, 2005
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S)
RE: VARIANCE REQUEST #13-05 OF ALL IMPORTS & MORE, LLC
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 #13-05 of All Imports & More, LLC for a front variance of six inches and a left
side variance of six inches. This property is located in Canter Estates, Section 3, Phase I, Lot 228,
Clydesdale Drive, and is identified with Property Identification Number 7613-1-3-228 in the Shawnee
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,
A�R. Cheran
Zoning and Subdivision Administrator
MRC/bad
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
' This is to certify that the attached correspondence was mailed to the following on
from the Department of Planning and Development, Frederick
County, Virginia: - - - -
All Imports & More
1824 Valley Avenue
Winchester, VA 22601
Canter Estates HOA
P.O. Box 480
Stephens City, VA 22655
i
1
Charles & Ella Sochin
329 Clydesdale Drive
Stephens City, VA 22655
i
Mark & Julie Franz
116 Laredo Court
Stephens City, VA 22655
Michael & Kelly Sifrit
118 Laredo Court
Stephens City, VA 22655
Julius F. Lee, jr
Teresa L. Brady -Lee
120 Laredo Court
Stephens City, VA 22655
Glenn & Mary Ann Klaner
122 Laredo Court
Stephens City, VA 22655
I
/UNfaaArrkk. ZCC.Ihierainn
Zoning & Subdivision Administrator
Frederick County Planning Dept.
STATE OF VIRGINIA
COUNTY OF FREDERICK
a Notary Public in and for the State and County
aforesaid, do 66eby certify that M9rk R. Cheran, Zoning & Subdivision Administrator, for the
Dep ent of Planning and Development, whose name is signed to the foregoing, dated
has personally appeared before me and acknowledged the same in my
State and ounty aforesaid.
Given under my hand this day of ✓% ' `(� Cj �.
My commission expires one
C9"Z'6a_ 4e
NOTARY PPLIC
- . 13 _ Additional comments, if any:
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Nam
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TO:BARBARA-DATA PROCESSING
FROM: Bev- Planning Dept.
Please print sets of labels by
L e r" THANKS!!
14. The following names and addresses are all of the individuais, finis, 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:
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County of Frederick PERMIT NUMBER: 1648-2004
Winchester VA 22601
USBC: 2000
LOCATION: 331 Clydesdale Drive
CONTRACTOR NAME/ADDR: E-REC BUILDERS, LLC
1824 VALLEY AVE
WINCHESTER, VA
Building Inspection History
Of Inspections
STS DATE Permit Type
Inspection Type
Inspector
RSLT * * C o m m e n t s
2004/09/08
BLD
Framing
Delmar
"Dee" G. Fox
> *S
rita 9742964 9/1 1040 am
2004/09/08
BLD
Framing
Delmar
"Dee" G. Fox
*F
CO # 36295 - NEED SERVICE PLATFORM IN FRONT OF EQUIPMENT
IN ATTIC. CONDENSATE DRAIN BLOCKS ATTC ACCESS. MISSING
SOME TRUSS DETAILS. MISSING BRACES. NEED ENGINEERING ON
HANGERS. SOME NAILING ALL MARKED IN RED.
2004/10/05
BLD
Wall
Delmar
"Dee" G. Fox
*S
2004/10/05
BLD
Wall
Edward
S. Embrey
*R
2004/10/05
BLD
Wall
Edward
S. Embrey
*P
FOR GARAGE WALL SIDE BUILD OUT.
2005/01/07
BLD
deck footing
Robbie
Parks
*S
2005/01/07
BLD
deck footing
Robbie
Parks
*P
DUG FOOTERS
2005/01/07
BLD
Reframing
Robbie
Parks
*S
mark 2472258 1/4
2005/01/07
BLD
Reframing
Robbie
Parks
*P
SUBJECT TO BRINGING ME TRUSS DETAILS.
2005/01/12
BLD
Insulation
Larry
H. DeHaven
*S
mark 2472258 1/7
2005/01/12
BLD
Insulation
Larry
H. DeHaven
*P
BI201KA
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REQUESTING AGENT:
DEPT. OF GEOGRAPHIC INF0RMATION SYSTEMS
FREDEMCK COUNTY, VIRGINIA
GIS, MAPPING, GRAPHICS
WO. REQUIEST
DATE RECEIVED:
REQUESTED COMPLETION DATE:
Department, Agency, or Company:_
Mailing and/or Billing Address:
Telephone:
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Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651)
Document Approval Form
APR 2 2 2005
FRELERICK COUNTY
PLANNING & DEVELOPMENT
PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCU3, N MEETS YOUR
APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TINM OF YOUR
APPROVAL.
IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE
COMMENTS AS TO WHAT YO U WO ULD LIKE TO HA VE COMPLETED.
INITIALS
Candice
David
Mark
Susan
Eric
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