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Home My WebLink About04-05 Lester McDonald - Stonewall - Backfile1 BOARD OF ZONING APPEALS Variance Request Tracking Sheet Date: /0&— File opened l/ eS Reference Manual updated/number assigned D-base updated One B&W location map requested from GIS Two sets of labels requested from Data Processing O;L, Ak- 05 File given to Renee' to update Application Action Summary R-2 - ING DATE: / o FINAL ACTION: MEET - V CLOSE OUT FILE: 00 _ Approval (or denial) letter mailed to applicant/copy made for file dS File stamped "approved", "denied" or "withdrawn" /? o-- Reference Manual updated D-base updated -17 D File given to Renee' for final update to Application Action Summary U:\Bev\Common\Tracking sheets\BZA Tracking bza Revised 05/25/01 'I E 000 - - t L 0 C� 0Cc kr) Q.) 4.1 C3 RECEIVED FROM j ADDRESS /K' I V! t FOR DATE Ali a1d)G. d -"— AMF!, - ASH A.00111 AMT. PAID 7DUE q&() 1 CHECK BALANCE MONEY ORDER BY t gastelm vn, DOLLARS i 11 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: March 28, 2005 The amount of $50.00 was deposited in line item 93-010-019110-0008 for the Lester McDonald named below had a deposit for one sign for a Variance #04-05. The individual 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: Lester McDonald 110 Williamson Rd Winchester, VA 22602 RSA/pd U w 3I29I05 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 .Safe qJe 119106 \ �4em ),Sa�e� SS,oJe� o co by `re aate55 stet tea jNC � � 225 p22S 4 0' � PZ2p� Beres lSpOl G65.56 e55 us E' �o• e oe4 S $ornaoEf@ noo �1c�J P� �o�ma R ovtS5.1) p gln p� eew �0es, ��t� `ea5V��4raay� a�i�rga a. • • • • . • • • 'S t�0, e of{et toeat c••• �y T A X R E C E I P T aay yb C • • 4p'�,O �e,f ICK COUNTY atioJ�S� ae�aJ •.••^•G .GAS-eona�e" LLIAM ORNDOFF, JR ende • . • • • S�teS�,e� a\ref' BOX 225 . • • • • ylCtil�a°a Edge aoab e5 •��1C1'��aceR`e�ov'�e NCHESTER VA 22604-0225 „. 4 a,�he `o�my, e5S F0o�ai`i5oo'oSsotBvs�o SIGN DEPOSITS PLANNING used $ ,�0%tute S�gnatJ`e - Ticket #:00004800001 Date 2/16/2005 Register: CJO/CJ Trans. #: 02206 Dept # 1095 Acct# Previous Balance $ 100.00 Principal Being Paid $ 100.00 Penalty $ .00 Interest $ .00 Amount Paid $ 100.00 *Balance Due $ .00 1 Cash 54,00 Pd by DEPT OF PLANNING Check 1600.00 # CKS ` BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 2/2005 DATE J -- 1005 'J RECEIVED FROM ADDDO RESS rtf c;r — J� `mil `...f �A, 5 v 1t .."k \�.''1.. � � LLAR� FORYQ---L ` .... zt, c 7t }.S7 A - "cZ AMT. OF I CASH I ti ACCOUNT CHECK A 4 t( . --' ,=` i I ii�►�� AMT. PAID wi MONEY - I BY II BALA'CE I ORDER i 00 Pd by DEPT OF PLANNING Cash 54.00Check 1600.00 # CKS BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 2/2005 • • 0 COUo JUMICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 March 17, 2005 Mr. Lester McDonald 110 Williamson Road Winchester, VA 22602 RE: VARIANCE REQUEST #04-05 Dear Mr. McDonald: This letter is to confirm that the above -referenced application was approved by the Board of Zoning Appeals at their meeting on March 15, 2005. Your request on parcel bearing Property Identification Number 33A-A-23 was for a ten foot right side yard variance and a 15 foot left side yard variance. The property is located on Woodbine Road, in the Stonewall Magisterial District. If you have any questions regarding this action, please feel free to call this office. Sincerely, ark ran Zoning and Subdivision Administrator MRC/bad cc: Building Inspections Jane Anderson, Real Estate 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 • • VARIANCE APPLICATION #04-05 LESTER MCDONALD Staff Report for the Board of Zoning Appeals Prepared: February 28, 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: March 15, 2005 - Action4Ferg-- A LOCATION: Off of Martinsburg Pike (Route 11 North) on Woodbine Road. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER(S): 33A-A-23 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) District Land Use: ADJOINING PROPERTY ZONING & USE: North: M-1 (Industrial, Light) South: RA (Rural Areas) East: RA (Rural Areas) West: RA (Rural Areas) Use: Vacant Use: Vacant Use: Residential Use: Residential VARIANCE REQUESTED: The applicant is requesting a 10 foot right side yard and 15 foot left variance. REASON FOR VARIANCE: The lot predates the current zoning ordinance with regards to RA setbacks and prevents any new structure to be built. r Variance Request #04-05, Lester McDonald February 28, 2005 Page 2 STAFF COMMENTS: This property was created in 1964 as noted by the deed and plats included in your agenda. Frederick County adopted performance zoning inl967. 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. STAFF CONCLUSIONS FOR THE FEBRUARY 15, 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 left side and 40' on the right side of this property. Should this variance be granted, the building setbacks for this property would be: 15' left and 10' right side of the property (see plat). It appears that this variance meets the intent of the Code of Virginia, Section 15.2-2309 (2), and this request for a 35' and 40' variance from the current setbacks of the RA zoning district may be justified. Should this variance be granted, it will allow this parcel to have the similar setbacks of the adjacent properties. 34 A 4 SEMPELES, GEORGE M. M1 J Q 111 W (Q, Z Q �� U • CO o ktS Q u? i w I 2' N v �� Q N O Q 9-26S Q 2 O J a ff 263-149 33434 A • '46 LESTER PROPERTIES -VA M1 33 A 104 DEHAVEN, MANUEL C. VAR #04-05 Lester McDonald N (33A-A-23) W-* F«� h •. 34 A 4 SEMPELES,GEORGE M. uj Co mcc * . AtJ CO CO N r� 9-205 1 263-149 5 34 A 6A 334'46 ' LESTER PROPERTIESNA .f VAR #04-05 Lester McDonald (33A - A - 23) S Variance Application No. Submittal Date: x I Fee Paid: ve initials: / b Sign Deposit /,fires.. APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA -OFFICE USE ONLY - Submittal Deadline: / / `� '✓ For the meeting of 3 Z/S- MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner ✓ other . (Check one) 2. APPLICANT: NAME: /-q-S1_T69 M C1 camp ADDRESS LLI A-n !g, kJ TELEPHONE!aLD ``i - GO i OCCUPANT: (if different) NAME: ADDRESS: 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 ofjr feet and consists of ,_acres (please be exact). Page 5 of 9 i 5 as evidenced recorded (previous owner) in deed book no. on page of the deed books of the Clerk of the Courtfor Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: � U-�i _e� U)4 The property is owned by by deed from 7. Property Identification No.: J J is — — �• 8. The existing zoning of the property is: q2- 1- 9. The existing use of the property is: �e �D 9, 10. Adjoining Property: USE North 6-190c J 9 ( gc-.a East 0 1AA-e. South (� ��} c�Lro West kv�s_e ZONING ''-.,1�2-v 17� i (ZP 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 ccu" S_ 6 —�D -�o (k-, cc i u a A- - y m -e-- Page 6 of 9 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: I�� ff Address Olbe 2 Wool , Properly ID # % ✓� c� iZ 1�t i S�-o n 0 rI 0 � Address O() Nil e,OA, CleOf-601L Property ID # : j 3 i'�4 a 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 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) 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 e,-,Q ° vvyv-": DATE a Zit 2r, SIGNATURE OF OWNER (if other than applicant) -OFFICE USE ONLY - BZA PUBLIC HEARING OF 3 /5 0 5 ACTION: - D TE- DATE t/"* APPROVAL SIGNE&.�1&j-" BZA OIAIRMAN DENIAL DATE: 1 is-/ Os Page 9 of 9 Feb 16 05 11:58a js-IRRON STINE 540 GG7812G p.2 n o -oo_jc-1 A , 0.9- oL/ -5--, 0 0 YIRGINIA FREDER!CK COUNTY, SCT. ''� (� - q u This Instrument of writing was produced to me on the _`' day of T Q N w S REQUESTING AGENT: DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY, VIRGINU GIS, MA-PPING, GRAPHICS WORKREQUEST DATE RECEIVED: A /it 05�_ REQUESTED COMPLETION DATE: '5% C. 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_o£z_e_qnest)___..___.__......___.._._T_.______�_ 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 NON Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) 1-111L11 llll V 1.111l/ LX. r-1133Vwdzes • 125 PREMIER PLACE* Winchester VA 2 z 6 0 2 (540)667-8044 (540)667-8126 To:_MAc K Cy L<-Ot ! Date:-.? I(a- Message: M44- -Q Number of Wages: j 1-d 9ZTBL99 Ot'S 3NIIS NONUHS eLS:Ti SO 91 ■ qa3 ■ 7WLER, GRIMN, oYNG, COYNE, PATTON, P.C. uorneys at L-aw linchester, Virginia 0 0 16 6 2 o� This deed is exempt from recordation taxes pursuant to § 58.1-811(D), Code of Virginia,1950, as amended. THIS DEED OF GIFT, made and dated this 18" day of October, 2000, by and between Theresa Ann. SHARP -SMITH, Executrix under the Last Wil l and Testament of Betty Louise MCDONALD, deceased, party of the first part, hereinafter called the grantor; Lester B. MCDONALD, party of the second part, hereinafter called the grantee; and Theresa Ann SHARP -SMITH, Kemieth L. MCDONALD, Jeffrey A. MCD0NALD, and Lester B. MCDONALD, parties of the third part, hereinafter beneficiaries, joining in this deed for the sole purpose of conveying all their right, title, and interest in the property herein.. WHEREAS, Betty Louise McDonald, died testate on July 28, I999, seized and possessed of the hereinafter described real estate, and by the terms of her Last Will and Testament, recorded in the Office of the Clerk of the Circuit Court of the County of Frederick, Virginia, in Will Book 116, page 139, appointed Theresa Ann Sharp -Smith as the Executrix; and, WHEREAS, Theresa Ann Sharp -Smith, Executrix, grantor, duly qualified as Executrix, under the terms of said Last Will and Testament, as evidenced by the certificate recorded in the aforesaid Office of the Clerk, in Will Book 116, page 262. NOW THEREFORE, in consideration of the love and admiration of the Grantor for the Grantee, the grantor does hereby grant and convey with Special Warranty of Title, unto the grantee, in fee simple, the following described property and appurtenances thereto belonging: All that certain lot or parcel of land situate in Stonewall District, Frederick County, Virginia, located on the south side of Virginia Secondary Road No. 669, fronting 75 feet upon said road and having a depth of 300 feet; being the same land conveyed to Lewis Frank McDonald, Jr,, and Betty Louise McDonald, husband and wife, from M. G. Hoffman and Janet P, Hoffman, C� J OK9179PG1663 • DWLER, GRIFFIN, DYNE, COYNE. PAT TON, P.C. ttornevs at Law linchester, Virginia husband and wife, by deed, dated July 5, 1963, of record in the Office of the Clerk of the Circuit Court of the County of Frederick, Virginia, in Deed Book 296, page 549. Reference is here made to the aforesaid instruments and the attachments and the references therein contained for a further and more particular description of the property hereby conveyed. This conveyance is made subject to any and all easements, restrictions, and reservations contained in duly recorded deeds, plats, and other instruments constituting constructive notice in the chain of title, which have not expired by a time limitation contained therein or have otherwise become ineffective, and to matters visible upon inspection. WITNESS the following signatures and seals: a AJ22�4 SEAL) Theresa Ann Sha -Smith, Executrix, under the Last Will and Testament of Betty Louise McDonald 'LZA A:112 - JLZ' �- �/�, (SEAL) Theresa Ann Sharp -Smith, Beneficiary _(SEAL) Kenneth L. McDonald, Beneficiary d'-Z/Z (SEAL) '773cf,frey A. McDonald, Beneficiary 4't- 7�" r� (SEAL) Lester B. McDonald, Beneficiary • • DWIXR, GRIFFIN, OYNE. COYNE, PATTON. P.C. ltorneys at Lain 'inchester, Virginia bK919n1664 COMMONWEALTH OF VIRGINIA CITY OF WINCHESTER, To -wit: 1, San d ra R. R p4ac, a Notary Public in and for the Commonwealth aforesaid, do hereby certify that Theresa Ann Sharp -Smith, Executrix under the Last Will and Testament of Betty Louise McDonald, deceased, and beneficiary, whose name is signed to the foregoing Deed, dated the 18" day of October, 2000, has personally appeared before me and acknowledged the same in my jurisdiction aforesaid. Given under my hand this _adth day of 0 cA o b e,('� 2000. Notary Public a ;' My Commission expires: COMMONWEALTH OF VIRGINIA CITY OF WINCHESTER, To -wit: a Notary Public in and for the Commonwealth aforesaid, do hereby certify that Kenneth L. McDonald, beneficiary, whose name is signed to the foregoing Deed, dated the 18 " day of October, 2000, has personally appeared before me and acknowledged the same in my jurisdiction aforesaid. Given under my hand this Y d_ day of D CA O �)&Y , ?000. Y Notary Public My Commission expires: -a� ' 0 l GK9j 9VG 1665 COMMONWEALTH OF VIRGINIA CITY OF WINCHESTER, To -wit: I, Sandra (�• RyhN6�-allotary Public in and for the Commonwealth aforesaid, do hereby certify that Jeffrey A. McDonald, beneficiary, whose name is signed to the foregoing Deed, dated the 18" day of October, 2000, has personally appeared before me and acknowledged the same in my jurisdiction aforesaid. Given under my hand this ) 3ih day of O c er _, 2000. , - JL�rl V L.- �_'_ Gv1•cc� � • ,' Notary Public My Commission expires: c� COMMONWEALTH OF VIRGINIA CITY OF WINCHESTER, To -wit: 1, Sa nd►'a. iC . bn a Notary Public in and for the Commonwealth aforesaid, do hereby certify that Lester B. McDonald, beneficiary, whose name is signed to the foregoing Deed, dated the 18"' day of October, 2000, has personally appeared before me and acknowledged the same in my jurisdiction aforesaid. Given under my hand this day of C+D b of �000. ,��, ;ram FOWLER GRIFFIN, COYNE, COYNE. �t & PATTON. P.C. Al -1 'r Attorneys at Law Winchester. Virginia Notary Public IN I.w. r. •� My Commission expires:_ VIRGINIA: FREDLRICK CUuN i y. sL t. Thisof writing was produced to me on )instrument at �a • zi p nd with certi cafe of acknowledgement thereto annexed was admitted to record. Tax imposed by Se" 58.1-802 of S , and 58.1-801 have been paid, if assessable GC.[ ��-v , Clerk COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING March 1, 2005 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #04-05 OF LESTER MCDONALD On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, March 15, 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 #04-05 of Lester McDonald for a 10 foot front yard variance, 40 foot right side yard variance, and 35 foot left side yard variance. This property is located approximately 1,000 feet from Martinsburg Pike (Route 11 North) on Woodbine Road. The subject property is identified with Property Identification Number 33A-A-23 in the Stonewall 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, IVVIark R. Cheran Zoning and Subdivision Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify that t e attached correspondence was mailed to the following on 42-':�'- from the Department of Planning and Development, Frederick County, Virginia: 33A -A- - 23- - MCDONALDJESTER B 110 WILLIAMSON RD WINCHESTER, VA 22602-7403 t2%x 33A - A• - 24- PAUGH, ALLEN J. & LINDA L. 208 WOODBINE RD CLEARBROOK, VA. 22624.1400 33A - A• - 22- ROYSTON, JOHN & TERA 184 WOODBINE RD CLEARBROOK, VA 22624.1403 33 - A- . 104- DEHAVEN, MANUEL C. 4273 MARTINSBURG PIKE CLEARBROOK, VA. 22624-1532 33 - A- - 4- LEIGHT, RICHARD L. 603 REST CHURCH RD CLEARBROOK, VA. 22624.1514 Mark R. Cheran Zoning & Subdivision Administrator Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK w a Notary Public in and for the State and County aforesaid, d ereby certify that 94ark R. Cheran, Zoning & Subdivision Administrator, for the Dep nt of Planning and Development, whose name is signed to the foregoing, dated b'� , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of %aAe/- My commission expires on 90 U- 13. Additional comments, if any: 0-0: Barbara • Data Processing FROM: Bev • Planning Dept. Please print -:,I sets of labels by: — THANKS111 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: QY4 I n Address �UA 000141n e- Property ID # ID fU to 6P 0 3 Address • f1 �, i7�d�lc Property ID # 4 - -// /�CCw uel L. ��jlQveK Address Property ID # ,. Address 3 1 Property ID # --5 Address Property ID # Address Property ID # Address Property ID # Address Property ID # Page 7 of 9 YAktAlOek 13. Additional comments, if any: W0: Barbara - Data Processing ROM: Bev - Planning Dept. Please print -�, sets of labels by: �zi�os THANKs►ir 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 �a (� n Ci u ✓h Address �Uv U� 000bin z �G C° LAC 2 mot Property ID # , O� ri a �.f �1��5� vn ID -No o Address UG Eft ►� e, bra")-= Property ID # / Address Property ID # u P AddressL;/--L, EA r Property ID # � Address Property ID # Address Property ID # Address Property ID # Address Property ID # ��-�� Page 7 of 9 a.V'ea-, / 6 - /-S- Fr :213