HomeMy WebLinkAbout18-05 Robert D Brown 35' Side Yard - Gainesboro - Backfilea
BOARD OF ZONING APPEALS
Variance Request Tracking Sheet
Date:
File opened
6/a(-' Reference Manual updated/number assigned
O 0,—D-base updated
/& (20 LO/C
/-�-01017-0fte cation map requested from GIS
Two sets of labels requested from Data Processing
File given to Renee' to update Application Action Summary
MEETING DATE: _7�19 �0 5 FINAL ACTION:
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File stamped "approved", "denied" or "withdrawn"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
File given to Renee' for final update to Application Action Summary
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COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
MEMORANDUM
TO: Finance Department
FROM: Pam Deeter, Office Assistant I1
SUBJECT: Return Of Sign Deposit
DATE: August 1, 2005
The amount of $50.00 was deposited in line item #3-010-019110-0008 for Robert Brown. Mr.
Brown had a deposit for one sign for a Variance Request #18-05. He 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:
Robert Brown
678 Lake Serene Drive
Winchester, VA 22603
RSA/pd
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107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
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Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
July 20, 2005
Mr. Robert D. Brown
678 Lake Serene Dr.
Winchester, VA 22603
RE: VARIANCE REQUEST 418-05
Dear Mr. Brown:
This letter is to confirm that the above -referenced application was approved by the Board of
Zoning Appeals at their meeting on July 19, 2005. Your request on parcel bearing Property
Identification Number 31B-1-18 was for a 36 foot side yard variance. The property is located at
678 Lake Serene Drive, in the Gainesboro Magisterial District.
If you have any questions regarding this action, please feel free to call this office.
Sincerely,
�Ivlark R. Cheran
Zoning and Subdivision Administrator
MRC/bad
cc: Jane Anderson, Real Estate
John Trenary, Inspections
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
VARIANCE APPLICATION #18-05
ROBERT D. BROWN
Staff Report for the Board of Zoning Appeals
Prepared: July 11, 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:
July 19, 2005 - Action Pending
APpR0.vr
LOCATION: 678 Lake Serene Drive
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER(S): 31B-1-18
PROPERTY ZONING & USE: Zoned: RA (Rural Areas) District
Land Use: Residential
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas)
Use:
Vacant
South: RA (Rural Areas)
Use:
Lake front
East: RA (Rural Areas)
Use:
Residential
West: RA (Rural Areas)
Use:
Vacant
VARIANCE REQUESTED: 35 foot side yard variance
REASON FOR VARIANCE: Lot is exceptionally narrow. The property has 140 foot frontage on
the lake and narrows to 55 feet at the rear.
Variance Request #18-05, Robert D. Brown
July 11, 2005
Page 2
STAFF COMMENTS: Research of Frederick County records note this property was created in
1972. Frederick County adopted zoning inl 967. The Frederick County historical zoning map shows
this property was zoned A-1 (Agricultural Limited) in 1972. 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 50' sides. Existing houses on lots in the vicinity appear to contain setbacks consistent with 15'
side yards.
STAFF CONCLUSIONS FOR THE JULY 19, 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 35'on the side yard. Should this variance be granted, the
building setbacks for this property would be: 15' side yard. It appears that this variance meets the
intent of the Code of Virginia, Section 15.2-2309 (2). This request from the current setbacks of the
RA zoning district may be justified.
BROWN
IB 1 13
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18-1-38\
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B 1 17
LAKE SERENE
31B 1 B
Map Features
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- Double Church
Boddares
Road Centerlines
- Remae Chump
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/V
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31B 1
19
VAR #18-05
N Robert D. Brown
(31B-1-18)
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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 . (Check one)
2. APPLICANT:
NAME: Pz�64 -b,BAQWAI
ADDRESS(%Y S6A&✓E 40—
TELEPHONE:5W--5'4/.5- ?A6/S
OCCUPANT: (if different)
NAME:
ADDRESS:
TELEPHONE:
3. The property is located at (give exact directions and include State Route numbers):
-rm
ej 41, 1AV
/i�f��s ��CGr -� iYF
�tl L1 / a/ -0,'/ e/v
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4. The property has a road frontage of S — / feet and a depth of feet
and consists of &-jracres (please be exact).
Page 5 of 9
l
5. The property is owned by N lbo 14). AL44clw as evidenced
by deed from recorded (previous owner) in deed book
no. _3S7, on page /z/ 7 of the deed books of the Clerk of the Court for
Frederick County. Please attach a copy of the recorded deed.
6. Magisterial District: OASfoo2D
7. Property Identification
8. The existing zoning of the property is: %�-,4
9. The existing use of the property is:SI�Ei�,Li.�G
10. Adjoining Property:
USE
North L%,4d,4 d
EastS i pl�°cx
South 1,,"e
West to".444
ZONING
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.")
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
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ws, 46
Page 6 of 9
3UN 2 0 2005
13. Additional 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:
rMI U
S. 4-
Address
Property ID #
Address
Property ID #
Address
Property ID #
Address
Property ID #
Address
Property ID #
Address
Property ID #
Address
Property ID #
Address
Property ID #
Page 7 of 9
0 0
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
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o MAIN STREET ARCHITECTURE, P.C.
120 WEST MAIN STREET BERRYVILLE, ARGINIA 22611 540.955.16691 540.955.4614
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AGREEMENT
VARIANCE # %g 66—
(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) dgys 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 4 - /V 0,S'
SIGNATURE OF OWNER
(if other than applicant)
-OFFICE USE ONLY-
BZA PUBLIC HEARING OF � //? 0 ' ACTION:
ATE -
DATE
APPROVAL SIGN
BZA HAIRMAN
DENIAL DATE:
Page 9 of 9
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THIS DEED, made and dated this �` day of April, 2003, by and
between DAVID E. REDMON, hereinafter called the Grantor; and ROBERT D.
BROWN, hereinafter called the Grantee.
WITNESSETH: That for and in consideration of the sum of Ten Dollars,
and other valuable consideration, the receipt of which is hereby acknowledged,
the Grantor does hereby grant and convey with General Warranty and English
Covenants of title unto the Grantee, in fee simple, the following property:
All that certain lot or parcel of land, together with all rights,
rights of way, privileges and appurtenances thereto belonging, lying
and being situate in Gainesboro Magisterial District, Frederick County,
Virginia, and designated as Lot 18 on the plat of Lake Serene, which
plat is of record in the Office of the Clerk of the Circuit Court of
Frederick County, Virginia, in Deed Book 356, at Page 147; AND
BEING the same property conveyed to David E. Redmon, by deed
dated August 19, 1997, from Delmar A. Bayliss and I. Marie Bayliss,
his wife, of record in the aforesaid Clerk's Office in Deed Book 886, at
Page 214.
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.
This conveyance is made subject to all easements, rights of way and
restrictions of record, if any, affecting the subject property.
GREGORYM WITNESS the following signature and seal:
HUTCHINSON
ATTORNEYATLAW
24 S. BRAOOOCK ST.
1NCHESTER.VA22601
u • •
STATE OF V +�n ��a > _
CITY/C-EbRffY OFAN OIAt'Sk +"'
(SEAL)
DAVTD E. 'REDMON
to -wit:
The foregoing instrument was acknowledged before me in my -aforesaid
jurisdiction this 1 7LI" day of -April; 2003, by DAVID E. REDMON.
My Commission- Expires:
a�++ JcjSI DO v
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to �� •y';- ..
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GREGORY F.
HUTCHINSON
ATTORNEYATLAW
124 5. BRA000CK ST.
WINCHESTER, VA 22601
MY COMMISSION EXPIRES JANUARY 31, 2005
0' a
Greg Rhodes
Kimberly Rhodes.
654 Lake Serene Drive
Winchester, Virginia 22603
March 22, 2004
Department of Planning and Development
Board of Zoning Appeals
107 N. Kent Street
Winchester, Virginia 22601
Dear Sir or Madam:
This letter is in reference to Robert D. Brown's request for a variance at 678 Lake
Serene Drive. This is to advise that I have reviewed this application and the
plans and support the requested variance.
Sincere) ,
Greg Rhodes
Kimberly Rhodes
James T. Anderson, Jr.
686 Lake Serene Drive
Winchester, Virginia 22603
March 22, 2004
Department of Planning and Development
Board of Zoning Appeals
107 N. Kent Street
Winchester, Virginia 22601
Dear Sir or Madam:
This letter is in reference to Robert D. Brown's request for a variance at 678 Lake
Serene Drive. This is to advise that I have reviewed this application and the
plans and support the requested variance.
Sincerely,
a.
d
James T. Anderson, J .
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MAIN STREET ARCHITECTURE, P.C.
120 WEST MAIN STREET BERRYVILLE, MRGINIA 22611 540.955.1669 FAX 540.955.4614
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COUNTY of FREDERICK
Department of. Planning and Development
540/665-5651
FAX: 540/ 665-6395
NOTIFICATION OF PUBLIC HEARING
July 5, 2005
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S)
RE: VARIANCE REQUEST #18-05 OF ROBERT D. BROWN
On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public
hearing being held on Tuesday, July 19, 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 918-05 of Robert D. Brown, for a 35 foot side yard variance. This property is
located off at 678 Lake Serene Drive, and is identified with Property Identification Number 31 B-1-
18 in the Gainesboro Magisterial District.
Any interested parties may attend this hearing. A copy of the application will be available for review
at the Handley Library and 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,
Mark R. 'heran
Zoning and Subdivision Administrator
MRC/bad
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
i
This is to certify that the attached correspondence was mailed to the following on
from the Department of Planning and Development, Frederick
County, Virginia: -
I,-._ ---- —31B - 1- - 18-
BROWN, ROBERT D
678 LAKE SERENE DR c
WINCHESTER, VA 22603
Thomas J. Chasler, Esq.
l 203 E. Boscawen St.
I
Winchester, VA 22601
j 31B-1--16-
RHODES, GREGORY S & KIMBERLY E
654 LAKE SERENE DR
WINCHESTER, VA 22603-3051
31B-1--18-
ANDERSON, JAMES T JR
PO BOX 368
WINCHESTER, VA 22604-0368
31 - A- -100-
LAKE SERENE, INC
CIO J T ANDERSON
686 LAKE SERENE DR
WINCHESTER, VA 22603.3051
---' O�
1�e
Mark R. Cheran
Zoning & Subdivision Administrator
Frederick County Planning Dept.
STATE OF VIRGINIA
COUNTY OF FREDERICK
I, a Notary Public in and for the State and County
aforesaid, do hereby certify that Mark R. Cheran, Zoning & Subdivision Administrator, for the
Department of Planning and Development, whose name is signed to the foregoing, dated
`l 0 15 _, has personally appeared before me and acknowledged the same in my
State and County aforesaid.
Given under my hand this 5 day of
My commission expires on t 1 `�
�- A- 1--') aalz-L'��
NOTARY PUBLIC
n-k1NJeJ,-- rCQ, H,- /8`01�h
1QC'F&c-r 13,E
13. Additional comments, if any:
TO: BARBARA- DATA PROCESSING
FROW Bev -Planning Dept.
Please print sets of labels by
M466 11-:16 (P,_� THANKS!!
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:
��
deC6 027,S
Address - �
Property ID # /
Address
Property ID #
Address
Property ID #
Address
Property ID #
Address
Property ID #
Address
Property ID #
Address
Property ID #
Address
Property ID #
M
Page 7 of 9
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REQUESTING AGENT:
c '0 to/Y
DEPT. OF GEOGRAPYHC INFORMATION SYSTEMS
FREDERICK COUNTY, VI RGRUA
GIS, MXPPWG, GRAPHICS
WORK REQUIEST
DATE RECEIVED: &- A
REQUESTED COMPLETION DA
Department, Agency, or Company:_
Mailing and/or Billing Address:
Telephone:
E-mail Address:
ESTIMATED COST OF PROJECT:
FAX:
DESCRIPTION OF REQUEST: (Write additional mfo=,ation.-o-n-.baGk..ofreqilest)-
eo&01-- 1 4& EQ. Iu:- lk�,)
DIGITAL: PAPER-. FAX:
SIZES:
COLOR: BLACK/WHITE: NUMBER OF COPIES:
STAFF MEMBER
COMPLETION DATE:
MATERIALS:
DATE OF PICK-UT/DELIVERY:
AMOUNT DUE:
AMOUNT BILLED:
METHOD OF PAYMENT:
HOURS REQUIRED:
AMOUNT PAID:
C1qECKNO.#
Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-565 1)
Document Approval Form
J U N 2 0 2005
PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR
APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR
APPROVAL.
IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE
COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED.
INITIALS DATE & TIME
Candice
Bernie /
Mar /
Susan
Eric
Mike
Kevin
John
COMMENTS:
Received by Clerical Staff (Date & Time):