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HomeMy WebLinkAbout26-06 Darin S Newlin - Back Creek - BackfileBOARD OF ZONING APPEALS Variance Request Tracking Sheet Date: 1 D6 File opened i O(P Reference Manual updated/number assigned D-base updated �LD map requested from GIS o Abj-/S— - < Two sets of labels requested from Data Processing 4 to File given to Renee' to update Application Action Summary 9 MEETING DATE: I �O o FINAL ACTION:��� CLOSE OUT FILE: �-/--7 Approval (or denial) letter mailed to applicant/copy made for file o File stamped "approved", "denied" or "withdrawn" d Reference Manual updated 4 p D-base updated 4/7 File given to Renee' for final update to Application Action Summary JQA-,-- U Bev mon\Tracking sheets\BZA Tracking bza Revis 5/25/Ol 00 0 co (o W 2 0 I A2- ( I " (o DATE NO. 9355 (3a, RECEIVED FROM ADDRESS r0 4—. yo DOLLARS J FOR RENT JFOR V O-A T'f I I AMT CASH AMT. PAID 7 CHECK BALANCE DUE MONEY ORDER :— BY I January 17, 2007 Darin S. Newlin 2454 Greenbriar Rd. Middletown, VA 22645 RE: VARIANCE REQUEST #26-06 Dear Mr. Newlin: COUXkofRMPIYK Department of Planning and Development 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 January 16, 2007. The request on parcel bearing Property Identification Number 50-4-22B was for a 22 foot left side yard variance, resulting in a 28 foot left side yard setback. The property is located at 557 Deer Creek Road in the Back Creek Magisterial District. If you have any questions regarding this action, please feel free to call this office. Vuly, E. Krempa Zoning Inspector LEK/bad cc: Jane Anderson, Real Estate John Trenary, Inspections 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 4 sY • 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: June 6, 2007 The amount of $50.00 was deposited in line item #3-010-019110-0008 for Darin S. Newlin. He had a deposit for one sign for a Variance #26-06. Mr. Newlin 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: Darin Newlin 2454 Greenbriar Rd Middletown, VA 22645 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 T A X R E C E I P T es FREDERICK COUNTY C. WILLIAM ORNDOFF, JR /P.O. BOX 225 WINCHESTER VA 22604-0225 / SIGN DEPOSITS PLANNING PLANNING & DEVELOPMENT 12/22/06 • Ticket #:00005590001 Date : 12/27/2006 Register: LJT/LJ Trans. #: 15970 Dept # 1095 Acct# Previous Balance $ 50.00 Principal Being Paid $ 50.00 Penalty $ .00 Interest $ .00 Amount Paid $ 50.00 *Balance Due $ .00 Pd by PLANNING & DEVELOPMENT 12/22/06 Check 3287.00 # VARIOUS,, BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 12/2006 map requested from GIS l o 1bj-, L/S i 9 L. t�/< Two sets of labels requested from Data Processing 6 File given to Renee' to update Application Action Summary MEETING DATE: b FINAL ACTION:C� CLOSE OUT FILE: f7 -7 Approval (or denial) letter mailed to applicant/copy made for file / o File stamped "approved", "denied" or "withdrawn" n Reference Manual updated o D-base updated 1117107 File given to Renee' for final update to Application Action Summary U'\Be \Common\Tracking she=\BZA Tracking.bu Revised 0525/01 DATE 1 ECEIVED FROM D RESS 4 ) t C��; L"V- 0--tLAA RENT j J Qti R vvv a-' No. 9355 ' DO LARS S AMT. OF ACCOUNT CASH AMT. PAID CHECK S BALANCE MONEY DUE IORDER i BY VARIANCE APPLICATION 926-06 DARIN S. NEWLIN Staff Report for the Board of Zoning Appeals Prepared: January 5, 2007 Staff Contact: Lauren E. Krempa, Zoning Inspector 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 16, 2007 Action Pending LOCATION: 557 Deer Creek Road, located in the Hogue Creek Estates, Lot 22B MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 50-4-22B PROPERTY ZONING & USE: Zoned: Rural Areas Land Use: Vacant with the exception of a garage ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) South: RA (Rural Areas) East: RA (Rural Areas) West: RA (Rural Areas) Use: Vacant Use: Residential Use: Residential Use: Vacant VARIANCE REQUESTED: The applicant is seeking a 22 foot left side yard variance resulting in a 28 foot left side yard setback. REASON FOR VARIANCE: The applicant is seeking this variance due to the narrowness of the lot, the topography of the lot, and the location of a flood plain on the property. Variance #26-06 — Darin S. Newlin January 5, 2007 Page 2 STAFF COMMENTS: Frederick County adopted zoning in 1967. The Frederick County historical zoning map shows this property was zoned A-1 (Agricultural Limited). The property setback lines at the adoption of the zoning ordinance were 35 feet for the front yard setback and 15 feet for the side yards. Frederick County amended its Ordinance in 1989 to change the zoning district to the current RA (Rural Areas) Zoning District, making the current setbacks for the property: 60 feet to the front, 50 feet to the rear, and 50 feet to both sides. This variance application, due to the narrowness of the lot, is requesting to change only the left side setback, such that the new setbacks for the property would be: 60 feet to the front, 50 feet to the rear, 28 feet to the left, and 50 feet to the right. The property in question for this variance is a five acre lot, however, the existence of steep slopes to the rear of the property and the location of a flood plain through the property significantly limit the buildable area on this lot. The only easily buildable area on the lot is further restricted by the building setback requirements. Reduction in the current setbacks may be appropriate in order to facilitate a buildable area for the primary residential structure. STAFF CONCLUSIONS FOR THE JANUARY 16, 2007 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 22 foot side yard variance. Should this variance be granted, the building setbacks for this property would be 60 feet in the front, 50 feet in the back, 28 feet on left side and 50 feet on right side. 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. \� wit •:�,� \ `;� �n► i r v� A\V: :•• i Is mus, \ate k - - 7-41 ,r Frederick County, VA Variance • VAR # 26 - 06 Application • Darin S. Newlin ,, • • " , Parcel ID: $50 4 22B Location in the Gounty Map Features D Lakes/Ponds — Streas (1/ r Streem ts ~' Primary 2 — N ,..pt .. Secondary 9�w. Tertiary /N Application ac �1q`c'P .tn"k SOUTHARD 4 �0 4 23 10 WHITACRE 50 4 24' rc. CK 'SO A 13 .... _.. --a��r#- .M �e i�. l.fa R.i`MRiy ,-,-kr, •4- •1 tr M>; f Location in Surrounding Area 5-Feet 1 .r County of Frederick, Virginia 107 North Kent Street Winchester, Virginia 22601 Lien Agent: I hereby agree to canply with all provisions of the Virginia Uniform Statewide Building Code and the Zoning & Subdivision Ordinances as adopted by the County of Frederick. SURVEY S UMARDS REx2iJIREa? YES NO INITIAL: DEMILED SITE PLAN RFXXTIRED? YES NO INITIAL: I Applicant (signature) Date Building Permit *DUPLICATE* Building Code Official Date Permit Number: 0002023 - 1993 USBC: 1990 Application Date: 11/23/1993 Issuance Date: 12/10/1993 Renewal Date: Date: 11 /30/2006 Zoning Administrator Date Applicant (Please Print) 0 DEC 2 1 2006 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA -OFFICE USE ONLY - Variance Application No._ 6 —b Submittal Date: Fee Paid: a initials: Sign Deposit e Submittal Deadline: /aa 0 6 For the meeting of to MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner V other (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME:!00.i% n S . ne-L01; n NAME: ADDRESS CjUjR6�'LQJ &J . ADDRESS: 54b- %b8 -Oo5 TELEPHONE:S - -1- 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 and consists of acres (please be exact). 00 5. The property is owned by-1%r in S. f�Q_L I i R as evidenced by deed from recorded (previous owner) in deed book no. 0to on page 12 5 of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: —RACK Groa-K 7. Property Identification No.: -TM Ri ® - Y - 2,16 8. The existing zoning of the property is: R%i 9. The existing use of the property is: /?e�r%.,z A � r'JC Q)'F 10. Adjoining Property: USE North a/IA0�- East 3144'dAa f South hie 5 clew rI West VITO- 0r' ZONING /-?%h )k - Id 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.") A 22" MRli9NCC 6,e /Id MI` ZQr_AiryN 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 fiMe- IAMB IS t4ARROW RNI9 -r�,.s Wozr`' be °foie D.y/1 pligee `6o sec 4he homo- ., the 6,ftom oV �IfNe. 7 0 0 • 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: NAME IVt+c.hnal ':;' ichau.)Akler IBeverl5' R SchQ► 'x'80-r- Address Property ID # -rM 56— i/_ gh Aid M Z i VIA/ 15 APAI Address Property ID # r1W 50 ~ 2 601B Q WeXalloeR 6RACC 'puRdAN A10-XaA1QEe Address Property ID # j/y 56 - A Address Property ID # Address Property ID # Address Property I D # Address Property ID # 00 0! 15. Provide a sketch of the 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. 9 00 00 AGREEMENT VARIANCE # -� 6 — Pla (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 i DATE J« - o) 1 " O 6-, SIGNATURE OF OWNER (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF 11 D ` ACTION: - DATE - DATE APPROVAL SIGNED� &_A_14��� BZA C AIRMAN DENIAL DATE: 10 • _j S TM 50—((4))-21 JAN M. LIVINGSTON INST JO50018936 / 5.00 ACRES o 1. 0 / 25'INGRESS-EGRESS ESMT N 39'06'18" E 97.72' 0 s ^Wks �x`Zp� ELu2�Q EXISTING Lc) j Qo GARAGE m o I mQ o � N SS.B1' 22.00 y1 °° o tl. O 4.00 LO rn pj o oo O 2.00" o o0 m mp W 0 28.26' o NI 2.00 Z$- 26.00 0 N co I Im TM 50—((4))-22B I DARIN SCOTT NEWLIN & BARBARA A. NEWLIN INST.)%060002457 5.00 ACRES I NOTES. 1. NO TITLE REPORT FURNISHED. EASEMENTS ° 40 a° OTHER THAN SHOWN MAY EXIST 2. A PORTION OF THIS PROPERTY LIES WITHIN THE 100 YEAR FLOOD ZONE AS SHOWN ON SCALE: i" = 40' F.I.R.M. PANEL #510063-0100—B, DATED JULY 17, 1978. LEGEND. 3. DEED REFERENCE.' INSTRUMENT 11060002457 IRF = IRON REBAR FOUND 4. FLAT REFERENCE.' DEED BOOK 696 PAGE 125. BRL = BUILDING RESTRICTION LINE 5. BUILDING RESTRICTION LINES SHOWN PER DEED OF DEDICATION, SEE DEED BOOK 784 PAGE 362. PROPOSED HOUSE LOCATION SKETCH e LOT 22—B HOGUE CREEK ESTATES STANDING IN THE NAME OF DARIN S. NEWLIN & BARBARA A. NEWLIN BACK CREEK MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA DATE: NOVEMBER 10, 2006 SCALE: 1" = 40 FILES: 06-040 Foltz Land Surveying, Inc. SHEET 1 P.O. Box 23 Stephens City, Virginia 22655 OF IPhone J: 540-323-1497 Fax 1: 40-868-2963 1 email: foltz®visuallink.com No DEED OF CONVEYANCE THIS DEED made and entered into the h4h day of ctober, 1908, by and between GARY M. FINVIFF and IATHRYM . FINNIFF, husband and wife, herein party of the first art; and GUY M. yINuIFF and RATHRYN M. FINNIFF. his wife, erein party of the second part; and LAURBMC= JOHN MAR ad MARY LOulan UxR, husband and wife, herein party of .he third part; W I T N E 8 8 8 T H t THAT FOR AND IN CONSIDERATION of the sun of TEN DOLLARS (i10.00)' cash in hand paid unto the party of the first part at and before delivery of this Deed, and other good and valuable consideration, receipt of all of which is hereby acknowledged, the party of the first part does hereby grant. bargain, sell and convey with full ENGLISH COVENANTS and GENERAL WARRANTY OF TITLE, unto the party of the second part, as tenants by the entirety with the full common law right of survivorship, an undivided one-half (SS) interest, and unto the party of the third part, as tenants by the entirety with full common law right of survivorship, an undivided one-half (4) interest, with each party holding as joint tenants with full common law right of survivorship as the other., all of that certain lot or parcel of land, together with all improvements thereon, located and being in the County of Frederick, State of Virginia, and more particularly described as follows: All of that certain parcel of land designated as Loton the 22A Estates pleasentitled the lsam Division atta attached hereto and 2made u Creek a Part hereof. SUBJECT To a drainfield easement for Lot 228, as shown on the attached plat. AND BEING a portion of the same land conveyed to the party of the first part by Deed dated October 10,, 1923 and recorded d in Deed book S67, at Fa9e 63t, among the records. • � BK�i9fiPGl24 j This conveyance is subject to all easements, rights of way and restrictions of record. 'j Reference is hereby made to ,the aforesaid deed or i deeds referred to therein for a more. particular description { of the land hereby conveyed. ,I WITNESS the following signatures and seals: ••' „ (SEAL) GARY M. FINNIFF ��olLy„ wN &.., (SEAL) KATHRYN M. FINNIFF (STATE OF VIRGINIA I; COUNTY OF LOUDOUN, to -Mitt The foregoing Deed was acknowledged before me this IW5 day of October, 1988 by Gary M. Finniff and Kathryn M. FLnniff, in my Sta and County aforesaid. NUTARY PUBLIC II My commfissilon ExpireLe: } LOT 2b696W 2S �+�"O�'ry� A. a �� 121, ' f I I � }� 1NOIMfItv9gaEtt ♦ 1OX 34A MttAUS P1 CII�JI �l� WppNS1M YA 7t�. t 1 , }� s 22B wy 2 A , 2 f 4 I AC �� AC ti r, LOT W 13 i on�t-►tttto 1 23 ,� •let 1 -- } W til!� tAsir /� Thts �3�lii {p et Lot' �2 = i�� �_ - .. J (I{ Cook DNNatte la i�11� tM, t oad 1• aseoidoaeo WMA the d•elr" or v► 8 "�fi .wl i11..iNlefw. oteteta es .data. • I owury that the Ltwl eartat-e4 1 1 s1tA1. ta. �.s-a..t ws u.11..t ¢ Let 22 1a Nw atw as that *"my" to a 1 Cdobr 29. IM is DW fookk %7 -- n hP 639 ' ; W A b LIM of 1 LOt 22 - ■= CRIM Llrarfs LOT �Irf�1 1 21 >rak Creek Dtst.. ltdedek Ca.. 1' • M, Feb. 14 1910 �,gotu rtroaecc taewtr, tr:r t ,.,,,A�,d..�la. ... a �, ♦ .,... is /• wa cw.rrr .t .yrl r..i ..MT..: 1..•...dwsw aA34t.t - 7,ft I , W ee's�rsy{.�. r.. r.M a.�+� ' — COUNTY of FREDERICK Department of Plaiming and Development 107 North Kent Street, Suite 202 e Winchester, Virginia 22601-5000 Telephone: 540/665-5651 FAX:540/665-6395 FAX TRANSMISSION TO: COMPANY: FAX #: b (D G �� Remarks: Date: l , Number f Pages (including cover sheet) cJ— From the desk of: W N S E REQUESTING AGENT: • DEPT. OF GEOGRAPHIC INEORMATIOIN SYSTEMS FREDERICK COUNTY, VTRGINIA GIS, MAPPING, GRAPHICS WORKREQUEST DATE RECEIVED: Ion /� 11D � REQUESTED COMPLETION DATE: Department, Agency, or Company:_ Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROTECT: DESCRIPTION OF REQUEST: (Write additi 5-0 Cam°� m-�PS DIGITAL: PAPER FAX: SIZES: COLOR: BLACK/WUTE: STAFF MEMBER - COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: FAX: information on back of request) V- Iq N�WL �J1 k I tv' S . E-MAIL: NUMBER OF COPIES. HOURS REQUIRED: AMOUNT PAID: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) 60 Y 00 • • Z TM 50-((4))-21 JAN M. LIVINGSTON INST.JO5OO18936 I 5.00 ACRES IS _j 25' INGRESS -EGRESS ESMT. N 39'06'18" E 97.72' so �. oo. �� QrW C' o � Q o�Y�o JJC�Lr) U m a� R N r1` EXISTING GARAGE 31, 22.00' 4.00 � o 2.00, 4 O m m a 28.26' 2.p0 26 00 ITM 50- ((4)) -22B DARN SCOTT NEWLIN & BARBARA A. NEWLIN INST.1060OO2457 5.00 ACRES NOTES: 1. NO TITLE REPORT FURNISHED. EASEMENTS OTHER THAN SHOWN MAY EXIST 2. A PORTION OF THIS PROPERTY LIES WITHIN THE 100 YEAR FLOOD ZONE AS SHOWN ON F. I. R. M. PANEL J510063-0100-B, DATED JULY 17, 1978. 3. DEED REFERENCE: INSTRUMENT 11060002457 4. FLAT REFERENCE: DEED BOOK 696 PAGE /25. 5. BUILDING RESTRICTION LINES SHOWN PER DEED OF DEDICATION, SEE DEED BOOK 784 PAGE 362. of G U DARREN S, FOLTZ a NO. 2257 SLIRVE�Or4 J m N W a 0 0 0 0 40 80 SCALE: 1" = 40' LEGEND: IRF = IRON REBAR FOUND BRL = BUILDING RESTRICTION LINE PROPOSED HOUSE LOCATION SKETCH LOT 22- B HOUSE CREEK ESTATES STANDING IN THE NAAfE OF DARIN S. NEWLIN & BARBARA A. NEWLIN BACK CREEK MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA DATE: NOVEMBER 10, 2006 1 SCALE: 1" = 40 1 FILE#: 06-040 Foltz Land Surveying, Inc. SHEET 1 P.O. Box 23 Stephens City, Virginia 22655 OF Phone #: 540-323-1497 Fax #: 540-868-2963 1 email: foltz®visuallink.com OK696PG123 DEED Or CONVEYANCE THIS DEED wade and entered into the 1I-(h day of October, 1906, by and between GARY M. FI^ NNIFF and ><ATHRYN 1. Fi�t�, husband and wife, herein party of the first )art; and GUY M. FINNIFr and KATHRYN M. PINNIFiF, his wife, terein party of the second part= and LAUREWM Joint MLZR end MilRY L0ttI82J�lBR, husband and wife, herein party of the third part; w I T N E 8 S 9 T H t THAT FOR AND IN CONSIDERAT10M of the sun of TEN DOLLARS (i10.00)' cash in hand paid unto the party of the first part at and before delivery of this Deed, and other good and valuable consideration, receipt of all of which is hereby acknowledged, the party of the first part does hereby ,grant, bargain, sell and convey with full E14GLISH COVENANTS and GENERAL WARRANTY OF TITLE, unto the party of the second part, as tenants by the entirety with the full common law right of survivorship, an undivided one-half (tS) interest, and unto the party of the third part, as tenants by the entirety with full common law right of survivorship, an undivided one-half (y) interest, with each party holding alas joint tenants with full common law right of survivorship lax the Other,, all of that certain lot or parcel of land, together with all improvements thereon, located and being in the County of Frederick, State of Virginia, and more particularly described as follows$ All of that certain parcel of land designated as Lot '22A on the plat entitled 'Division Survey of Lot 22-Hogue Creek Estates', as the sane is attached hereto and Shade a part hereof. SUBJECT To a drainfield easement for Lot 228, as shown on the attached plat. AND BEING a portion of the same land conveyed to the party of the first part by Deed dated October 10, 1923 and recorded in Deed Duck 567, at gage 639, among the oforgsaid land records. • 0 • • BK696PGI24 I� This conveyance is subject to all easements, rights Hof way and restrictions of record. Reference is hereby made to ,the aforesaid deed or deeds referred to therein for a more. particular description of the land hereby conveyed. I, WITNESS the following signatures and seals: ( SEAL ) GARY M. FINNIFF ialSr,ruk., ilk ,r. �,�7r (SEAL) KATHRYN M. FINNIFF STATE OF VIRGINIA COUNTY OF LOUDOUN, to -wits The foregoing Deed was acknowledged before me this Iyt�' day of October, 1988 by Gary M. Finniff and Kathryn IN. Fhnniff, in nay Sta and County aforesaid. NOTARYPUBLIC BLIC II My CommJLssion £xpirQs: I i LOT (��tll 3 it i i I II i I LOT 226 I o� 5.000 a =� AC. W lO Ny tir t II = I fopp N _0 t LOTS .,..� _.. - .r.._ I,U .► 2% 6 9 6 PC V 15 " OO; +4=m cmm. = • a!b c!AlMnl. d , tw'W,""sea a434 1 of 0 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING January 3, 2007 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST 426-06 OF DARIN S. NEWLIN On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, January 16, 2007, at 3:25 p.m., in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia. This is a public hearing to consider the following application: Variance Request #26-06 of Darin S. Newlin, for a 22 foot left side yard variance, resulting in a left side yard setback of 28 feet. This property is located in Hogue Creek Estates, Lot 22-13, and is identified with Property Identification Number 50-4-22B in the Back Creek 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, Lauren ��.empa Zoning Inspector LEK/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 'r This is to certify t " at the attached correspondence was mailed to the following on la / from the Department of Planning and Development, Frederick County, Virginia: _ Mr. Darin S. Newlin 2454 Greenbriar Road Middletown, VA 22645 Michael J. Schawalder Beverly K. Schawalder 561 Deer Creek Road Winchester, VA 22602 Jan M. Livingston 546 Deer Creek Road Winchester, VA 22602 Grace Puran Alexander, Trustee 2311 Pimmit Drive, #416 E Falls Church, VA 22043 Dennis B. Lockhart Karen D. Lockhart 460 Adams Road Winchester, VA 22603 STATE OF VIRGINIA COUNTY OF FREDERICK a Notaiy Public in and for the State and County aforesaid, do 1 reby certify that La en E. Krempa, Zoning Inspector for the Department of Planning and Development, whose name is signed to the foregoing, dated , has personally appeared before me and acknowledged same in my State \and County aforesaid. Given under my hand this day ofIL My commission expires on wren E. Krempa, 92onin'spector Frederick County Planning Dept. NOTARUUBLIC I/ \. Michael J. Schawalder Beverly K. Schawalder 561 Deer Creek Road Winchester, VA 22602 Jan M. Livingston 546 Deer Creek Road Winchester, VA 22602 Grace Puran Alexander, Trustee 2311 Pimmit Drive, #416 E Falls Church, VA 22043 Dennis B. Lockhart Karen D. Lockhart 460 Adams Road Winchester, VA 22603 Michael J. Schawalder Beverly K. Schawalder 561 Deer Creek Road Winchester, VA 22602 i l i I Jan M. Livingston 546 Deer Creek Road i Winchester, VA 22602 1 Grace Puran Alexander, Trustee 2311 Pimmit Drive, #416 E Falls Church, VA 22043 I Dennis B. Lockhart Karen D. Lockhart 460 Adams Road Winchester, VA 22603 i MY 24�4 ureenbriar xoaa Middletown, VA 22645 AIC//\j S. t')F-w�'iaJ 100:8ARBARA-DATA PROCESSING FROM:BEV - Panning Dept. Please print sets of b HANKS! 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: Al A 11A C Id1��h�el �' SchuWal�ler B¢.verly K Address Property ID # 7*M* 50- il- 2A TA1\4 lv► Z i v / A/9 s Aow Address � ID-Ccf-ILP—Oal LAAalx Property ID # 7M 50 - y _ 2/ f3013 Q ►�leXQN0e,R 6RAC 6 ? U-RAV A1e.X4w,66,e Address 31 j �. /)') b 5 Property ID # %M 50 ' n i4,I,L;S,i/rw-► Address 4 �� h(�G�. RDG`d l� i n C �(s Property I D # 15 0 , A - 1-2- Address Property ID # Address Property ID # Address Property ID # Do'6h 5.1Jt-W1;r1 14 S rfeen r i ax k 0A (Y) 20-)&C/S1-' 2 V 002 10 I/111� 3 N WO: BARBARA-DATA PROCESSING FROW BEV - Planning Dept. Please print !/ sets of/1�b 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: Al A 1111 C �'d1+c hAyl ���,�,r(y Sr_h a�a l�{er K Schawald�cr- Address Property ID # -rM ,56— y-2 2i4 JAIv M Z i ✓1A1 s 1-n.✓ Address Property ID # 7-Af Sn - V _ ,2/ t30(3 Ll J-)Izxalloex &ACC- PLLRAnJ )}1e-x4,✓166,e Address Property ID # jM jv - A /! Address Property ID # 15 0 Address Property ID # Address Property ID # Address Property ID # TO:BARBARA-DATA PROCESSING FROM:BEV - P anning Dept., Please print sets of b �- a.c� o y HANKS! -V,ropgx+q -PlocA5 -!Prt'M 14oaLJLE Gk6G-,e 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: NAME 11 iLhAal ,-T SGhc uc ,Alyde-r iB¢.verrlY l{ Sc�a,a�lcl�r Address Property ID # -rM 5D- il-ZZh AM M L aViA s APAI Address Property ID # 7- 5Q 2 1306 t( A lexca bex 6RAC 6 ?U;ZAN �'}/exgNdE� Address Property ID # %/y 56. A ' /l Address Property ID # 15 0- A r Address Property I D # Address Property I D # Address Property ID # E:3 Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TINE OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LLKEE TO HAVE COMPLETED. INITIALS DATE & TIIVIE Candice Bernie Mark Susan Eric Mike Kevin John COMMENTS: Received by Clerical Staff(Date & Time): ' 1 Z 2-I 16 U:\Pam\Common\Document Approval Form.wpd