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HomeMy WebLinkAbout28-05 Beverly Longerbeam 45' Both Sides - Stonewall - BackfileW- BOARD OF ZONING APPEALS Variance Request Tracking Sheet Date: File opened Reference Manual updated/number assigned f D-base updated 11-),/Ak-4)ne43&W location map requested from GIS >07�1. "S7" —7V IkAc- �Z Two sets of labels requested from Data Processing File given to Renee' to update Application Action Summary MEETING DATE: / % ", FINAL ACTION: CLOSE OUT FILE: C , Approval (or denial) letter mailed to applicant/copy made for file �(4 File stamped "approved", "denied" or "withdrawn" Reference Manual updated l z D-base updated �19.0 File given to Renee' for final update to Application Action Summary 0 53 U\Bev\Common\Tracking sheets\BZA Tracking.bza Revised 05/25/01 (9� DATE NO. 4801 RECEIVED FROM ADDRESS DOLLARS FOR H&A/ PAID -AMT OF ACCOUNT A.C2.L!T 1CASH H AMT. � HECK 13ALANCE 7MQ'EYDUE MONEY BY couWYNAMCK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 January 18, 2006 Mr. Beverly Longerbeam General Contracting, Inc. 269 Christmas Tree Lane Stephenson, VA 22656 RE: VARIANCE REQUEST 428-05, WITH MODIFICATION Dear Mr. Longerbeam: This letter is to confirm that the above -referenced application was approved by the Board of Zoning Appeals at their meeting on January 17, 2006. Your request on parcel bearing Property Identification Number 45-2-C was for a 5' variance on both sides. However, the Board of Zoning Appeals voted to allow you a 2' variance on both sides. The property is located on Gun Club Road (Route 666), in the Stonewall Magisterial District. If you have any questions regarding this action, please feel free to call this office. Sincerely, ark R. Cheran Zoning and Subdivision Administrator MRC/bad cc: Jane Anderson, Real Estate John Trenary, Inspections Mildred Cole, 333 Wood Ave., Winchester, VA 22601 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 • 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: January 20, 2006 The amount of $50.00 was deposited in line item 93-010-019110-0008. Beverly Longerbeam named below had a deposit for one sign for a Variance #28-05. Beverly Longerbeam 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: Beverly Longerbeam PO Box 99 Stephenson, VA 22656 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 0 Sanitary District Street Light Nov. I Dog tags go on sale Dec. 5 Second Half Taxes Due Personal Property Real Estate Sanitary District Street Light Other due dates as billed bthe Commis Revenue's Ofstoner of the Off -ice. M iIine Address Frederick County Treasurer P.O. Box 225 Winchester, VA 22604-0225 (540)665-5607 E-ma il Address BOrndoff@co.frederick.va.us For Tax Information & Online Pa ments W W W. CO. FREDERICK. V A. US Treasurer's Office Hours Monday through Friday 8:30 am to 5:00 pm xtended hours may be offered during peak times, watch for details in local media. s s r s► s s s a a s s r s s r r a s a s a r r a r s a a r s r r s a r )R VEHICLE LICENSE REGISTRATION eclare that the statement and figures hereon are true, full an-'rect to the best of my knowledge and belief. T A X R E C E I P T :ed 50% for Business Yes _ 6ERICK COUNTY ;nature WILLIAM ORNDOFF, JR nature P.O. BOX 225 VA 22604-0225 WINCHESTER SIGN DEPOSITS PLANNING Ticket #:00005230001 Date : 12/20/2005 Register: BCC/BC Trans. #: 50844 Dept # 1095 Acct# Previous 100.00 Balance $ 100.00 Principal Being Paid $ .00 Penalty $ .00 Interest $ Amount Paid $ 100.00 *Balance Due $ .00 Cash 1.80 Check 11288.32 # VARIOUS Po' �Jy PJ,AJVNING THE MONTH 12/2005 /J Tal RA T ANCE DUE INCLUDES . ZAfzLffl,7f z� ,/ • • If ATE .?. I ` (� NO. 4801 pp p0 ECEIVED FROMDORESS d '9 AZ :. r 0R DOLLARS $ { 00 Op OF ACCOUNT HOW PAID .•'' I I�IIINI _ ACCOUNT I CASH `r ljflllll AMT. PAID CHECK BADUECE I MONEY `t\ jfji ORDER � BY i. VARIANCE APPLICATION #28-05 BEVERLY LONGERBEAM Staff Report for the Board of Zoning Appeals Prepared: January 9, 2006 Staff Contact: Kevin T. Henry, Planning Technician 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: January 17, 2006 - Action Pending LOCATION: Gun Club Road (Route 666) MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERN: 45-2-C PROPERTY ZONING & USE: Zoned: RA (Rural Areas) Land Use: Vacant and Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) South: RA (Rural Areas) East: RA (Rural Areas) West: RA (Rural Areas) Use: Agricultural Use: Residential Use: Residential Use: Residential VARIANCE REQUESTED: 5' variance on both sides, with 45' setbacks REASON FOR VARIANCE: Narrowness of the lot • 0 Variance Request #28-05, Beverly Longerbeam January 9, 2006 Page 2 STAFF COMMENTS: Frederick County adopted zoning in 1967. The Frederick County historical zoning map shows this 1.13 acre property was zoned A-2 (Agricultural General) in 1972. The property setback lines at the adoption of the zoning ordinance were 35' for the front, 25' to the rear and 15' for the side yards. Frederick County amended its Ordinance in 1989 to change the rural zoning districts to the current RA (Rural Areas) Zoning District, making the current setbacks for the property 60'front, 50'rear and 50' to the sides. STAFF CONCLUSIONS FOR THE JANUARY 17, 2006 MEETING: The Code of Virginia, Section 15.2-2309(2), states that no variance shall be authorized bythe 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 5' on both sides of the property (East and West). Should this variance be granted, the building setbacks for this property would be: 60' in the front, 50' in the back, and would change to 45' on the sides. 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. '0 BOYCE,ELRAV 51 6 CO3�11\51LSDAKAY 5 KRUPP, RUSSELL L u 51 4 l BEN HER, ROGER A SR 4 TAMMY S 44 j1t1 51 7 /J1' _ I �l cup 51 1 N. AVATION OF SRNC., INC 45 A S 00 b 2�0 m�sA J2 Ob • 4Nt1YIN, RICHARD 0 45 7 E WENGER, CKME' b 45 A 10A \\\ \\ STUR(�MS, JAMES C. a LDRRENE 0. IS A 10C TUCKER BLAIRL ■ BR1i, ROMP \ Map Features Zoning VAR # 28 - 05 ^/ Bridges 8Appbcaticn ^/ Culverts ® SIMusiness, Neighborhood District) MS (Medical Support Distrito) LekeslPonds ^v Dams ® B2 (Business, General District) ® R4 (Residentral, Planned Community District) Beverly Lo n g e rb e a m ter— Streams ^/ Retaining Walls B3 (Business, Industrial Transition District) R5 (Residential Recreational Community District) Buildmgs Road Centerlines EM (Extractive Manufacturing District) Q RA(Rural Areas District) uca HE (Higher Edtion District) Q RP (Residential Performen- District) (45 2 C ) - Tanks N . MI (Industrial, Light Matncl) OParcels �400V � M2 (industrial. General District) N s OSWSA �b� UDA MH1 (Mobile Home Community District) W E 75 150 300 Feet S 45 A 11011 vNE�" SNPNONO �✓� ' ' . r I r ~ COPENMAVER LINDA N 5'1 S VkqLSON EXCAVATION -OF. WING, INC �. } 1 I , �z ) ,,1, NNUPP, RUSSELL L °g�` ._l.9P , N25,111rill 6Pv v� f BENNER ROGER SR&TAYMY S C0 _\ SHANAHAK SCOTTN N 51 t 4 R ,r ' 4��5y v4s CLEVENGER CHARLES K Ya tlp� ,' IS A 10A a. eti! > p 2e 5~pp!-� $may < i-!� � CLEVENGER CHARLES K ^ ♦p�� � - ♦S A 10B PUFFINSERGER WILUAM LEE ,Z, a� N 51 1 o � S BRAND, MICHAELW 7- N 6 5 IRWIRIRICHARDG IS 7 E BENTLEY, CONNOR N 6 6 STURMS, JAMES C. 6 LORRENE IS A 10C TUCKER B WR L MILLS,,ROY P N 6 7 IS 3 F APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA DEC 9 ) niz -OFFICE LJSE ONLY- t Variance Application No.c `'� Subnnittal Deadline: �''� P. Stibxnittal Date: fjFor the iiieeti ig of Fee Paid: Cinitials: Sign .Deposit MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner / other . (Check one) 2. APPLICANT: NAME: 6e*,e4l Con-W h'�1 �-itc ADDRESS 06-1 C,r(O-a-\as Lane-, e p �hSo►n �ff o� (o 56 TELEPHONE: (o [v S- 9 `f `7 (,,, OCCUPANT: (if different) NAME:. ADDRESS: TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): l J 14 v'\a✓ iesTb W r1 ro a. ST-a-V I e (4 0.:t ' 1 ekkG a - I P" (QDOrnV 3' M1I r� V) - Vh (J ob i aLX . Ld 4- d ✓l 1e4 LZD��oX . 3l q �Yi( . �Ska_rDV\ .S� * --PT 4. The property has a road frontage of 15-0 feet and a depth of 3-�0-355 feet and consists of :13 acres (please be exact). Page 5 of 9 5. The property is owned by I Id-Y-4 B. CO [tf, as evidenced by deed from recorded (previous owner) in deed book no.: on page �5Y� of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: �77C)y e wa,) 7. Property Identification No.: Ll 5_'02 — C 8. The existing zoning of the property is: /Z tl- 9. The existing use of the property is: lar\OL Jjlsevahca 10. Adjoining Property: USE North East South West 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.") 'Is ` vn &-/-`, Sto, 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 tf C-f - � cross 13. Additional comments, if any: 1,13 Accra Io+ w 156' S 1 °-e-- sefb eb `60 S rnal I 0r a r\ a- rep- -r r a-- h o use . 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: N A XW D-�AACCl Address Property ID # 45- j 1' 1 � �� • Av-cp�'S c� n O t l l wxn Le!� r�P,i-au- U Address &;kl.l ,,b _R0azt Property ID #jam Address v b o PropertyID # — f�J So YI r)( C'O-VO I o n d W) m4\,-Sw #Zn C- - Address D sv a r-�o r 4e— N n M �0 Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # Page 7 of 9 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 9 100 a Nov 15 05 03:29p SHnRoN STINE 540 GG7812G -pop"' rMr•�•• wwM pNr+u7 41 jamucro:qiwor in m"ir-oww "we 1161 '*1 ll*jdy . - 17 009-1 Ze I W.r nVOR Pain ul —laic zane..'. Al-UPO.1 2j*j.awpe4j 9411 "1 parb4ozoa pwr Z161 I 1j"If P8.40P PMM30 Pug 1 041 is t1o12jud • el NO! 0 1 jjpqP6 11141 - peftleluDs pug, wq4 piq; Ajf4d Aqwj*4 i rm O a. 999 am& al POWMAW C'Z nw C4V wo IN • 0 AGREEMENT VARIANCE # & - 0) (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 so as to be visible from the road or right-of-way until the hearing. and maintained 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_jZ(—-C 17 DATE D % 6 6-- (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF C i - 1 .7 - O ( - DATE - APPROVAL SIG CHAIRMAN 61— DENIAL DATE: Page 9 of 9 • 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 properly 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. SIGNA DATE SIGNATURE OF OWNER DATE (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF / 0ACTION: -DATE'- APPROVAL SIGNED: __ � ._ 11 \I ►1 DENIAL DATE: Page 9 of 9 Special Limited Power of Attorney County of Frederick, Virginia Planning Office, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 . Know All Men By These Presents: That I (We) (Name) � M-b (Phone) lc e�if / l (Address) —Co o D � �� /t U1 C- �X> � � (✓� � � �� �l y� ` i2 �r�� j the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us),by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. -%� on Page J and is described as Parcel: Lot: b Block: Section: Subdivision:�� �7%�t��Y1i"mil G1i2 do hereby make, constitute and appoint: (Name) , L,C j\ 1�.�`XLQC t r_a �M (Phone) 4'7W (Address) �� ���`� �� . ��''���i� .�lt �� Q��� D To act as my true and lawful attorney -in -fact for and in my (our).name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: ❑ Rezoning (Including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. Jn witness thereof, I (we) have hereto set my (our) hand and seal this 8� day of �er.ery 6�.r , 200.5 , Signature(s),_�� =State of Virginia, City/County of C".. `c. If — , To -wit: ,J e , a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who Sied to the foregoing instrument and who is (are) known to me, personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this �fday of '1Dcer, "6 200-5 . My Commission Expires: 1`-e/af--w a8 .2067 Notary Publ' wlwc 3fveeo �� ��/ � O Gt���t TO: BARBARA- DATA PROCESSING C' ��V FROM:BEV - Planning Dept. - I� !� ,� Plense print sets of labels by f~' 13. Additional comments, if any: �. 13 Ace o+ W o /o-S— THE se4 b ) ea-v�- ! r ko V Se— . 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 j of � ES Address +A A C?'W C Fj \,f Sl y Lp--�A-V-n Property ID# b D /1 Address u l ,6 O Property ID #s y 3 1Leer�' e.✓ Address a d ' v r'1 Cl 1' b 120a--Ot �= Property Address [ t3 S� �'�'I c r' 17Ye , N 1 n r7f r i SC )� �lC �t/�f b ✓t 7 c55 ��i ►Lc( e�S ��1-r► �• Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # Page 7 of 9 REQUESTING AGENT: DEPT. OF GEOGRAPHIC INFORMATI" SYSTEMS FREDERICK COUNTY, VIRGP- A GIS, N APPITG, GRAPHICS WORKREQUEST DATE RECEIVED: REQUESTED COMPLETION DATE: Department. Agency, or ComPmT-- Mailing and/or Billing Address: Telephone: E-mail Address: ESTDYIATED COST OF PROTECT: FAX: DESCRIPTION OF REQUEST: ffri�e additional info�tion an back of resluest)- --- DIGITAL: PAPER FAX: E-MAIL: SIZES: COLOR BLACKIw-HIITE: NuisER OF COPIES: STAFF MEMBER COMPLETION DATE: MATERIALS - DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: IN,[F-THOD OF PAYMENT: HOURS REQUEZED: AMOUNT PAID: CHECK NO_4. (50)665-5651) rrederick County G15, 107 North Kent S�ze� \Jinches�er, VA 22601, r I COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING January 3, 2006 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #28-05 OF BEVERLY LONGERBEAM On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, January 17, 2006, 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 928-05 of Beverly Longerbeam, for a 45' variance on both sides of the property. This property is located on Gun Club Road (Route 666), and is identified with Property Identification Number 45-2-C in the Stonewall 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, ark R. Cheran Zoning Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify th t the attached correspondence was mailed to the following on f �lj from the Department of Planning and Development, Frederick County, Virginia: - -- 45 • A- - 9- - - WILSON EXCAVATION OF WINC., IN 45 2- - C- 409 SUPERIOR AVE COLE, MILDRED B� WINCHESTER, VA 22601.4253 333 WOOD AVE WINCHESTER,VA 22601-3052 h Beverly Longerbeam General Contracting, Inc. 269 Christmas Tree Lane t Stephenson, VA 22656,Al �1 45 -2- - B- -- PAYTON, JAMES D & ANGELA N 942 GUN CLUB RD STEPHENSON, VA 22656.1806 45 - 3- - D- - ANDERSON, BRIAN K & BONNIE L 976 GUN CLUB RD STEPHENSON, VA 22656-1806 44 -5- 1- 1- PUFFINBERGER, WILLIAM LEE 920 GUN CLUB RD STEPHENSON, VA 22656-1806 I Marl-, R. Cheran, Zoning & Subdivision Administrator Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, dfi hereby certify thatA4ark R. Cheran, Zoning & Subdivision Administrator for the Depai met of Planning and Development, whose name is signed to the foregoing, dated p , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of Veka0?" My commission expires on ��d TO:BARBARA-DATA PROCESSING FROM:BEV - Planning Dept. �-4 #. 1 Please print sets of labels by 13. Additional comments, if any: 113 Acre w '� o 0-�— THANKS! Se-- b ckves • r, S i�Ci I Of r� �� CAZ- re JC6 r 4;1- kO L)Se • A crt ss 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: ,T♦A,r,r jOinFS �� 1 n1 O,C- �1 Address <. Property ID # 45- - ►'1 �c ✓1 ��• %�v�'�'S� h /�.7_�-� �J Address 4Y- 74 .C(') Property ID #� e*1s t A Address a0 - v,•'I /CCa-ct�'� Property ID #Sen — — `� d W) f 4,eAw -To c.• Address e r- 4 Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # 9o� Page 7 of 9 L BEVERLY L. LONGERBEAM I•- maxi:i:�" GENERAL CONTRACTING, INC .liA•Ii��i�u�a lilwi z•: ••"' (540)665-9476 - ----s,er isW IUI n Til1:„ P.O. BOX 99 STEPHENSON, VA 22656 PAY TO THE of .e_r Pc;4e ORDER F_.___ VIKGINIA, SAVWGS BANK Winchester, VA 22601 FOR G� 6r�hC Qi _-- 11100 29 2 Lnl is 2 S L L, 7 3 7 Si61: 04 1 _�3 4E 2921 68 7375/2514 l l DOLLARS 8 Document Approval Form 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 COhD1INTSAS TO WHAT YOU WOULD LI%E TO HAVE COMPLETED. INITIALS DATE & TM Candice Bernie Mark Susan Eric Mike Kevin John CO1V 3mNTS: Received by Clerical Staff (Date & Time):