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HomeMy WebLinkAbout02-06 Donald Haley 10' Both Sides - Back Creek - BackfileBOARD OF ZONING APPEALS Variance Request Tracking Sheet Date: File opened a Reference Manual updated/number assigned /(-j/. D-base updated ap requested from GIS ,Z Two sets of labels requested from Data Processing A 3. F-- ile given to Renee' to update Application Action Summary �-�/ k MEETING DATE: �3 FINAL ACTION: vG CLOSE OUT FILE: 4111,106 Approval (or denial) letter mailed to applicant/copy made for file 0 File stamped "approved", "denied" or "withdrawn" p Reference Manual updated o,� D-base updated -i CI File given to Renee' for final update to Application Action Summary 9-7 U \Bev\Common\Tracking sheets\BZA Tracking bn Revised 05/25/01 m 0 I co 0 Q i 0 DATE f, ?j`i (° ' y' NO. 2 6 57 RECEIVED FROM ADDRESS DOLLARS $ oo FOR AMT. OF IIIR�I ACCOUNT -I ' CASH IfIfIII I AMT. PAID-' CHECK _ BALANCE I MONEY I ( j r DUE ORDER BY _,_, MEMORANDUM TO: John Trenary, Inspections FROM: Mark Cheran, Zoning Administrator RE: Variance Request of Donald Hailey, PIN #39-A-82 DATE: April 20, 2006 This memo will correct the letter, dated April 19, 2006, sent to Mr. Haley and copied to you. The correct variances are as follows: 34' southern yard variance and an 82' northern side yard variance, resulting in a 16' southern side yard setback and an 18' northern side yard setback. If you have any questions, please let me know. MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 • 540/ 6a5-5651 FAX: 540/ 665-6395 April 19, 2006 Mr. Donald Haley 1008 Back Mountain Road Winchester, VA 22602 RE: VARIANCE REQUEST #02-06, WITH MODIFICATION Dear Mr. Haley: This letter is to confirm that the above -referenced application, after being tabled at the March 21, 2206 meeting, was approved by the Board of Zoning Appeals at their meeting on April 18, 2006. Your request on parcel bearing Property Identification Number 39-A-82 was for a 40' southern side yard variance and a 90' northern side yard variance. However, the Board of Zoning Appeals voted to allow you a 33' southern side yard variance and an 81' northern side yard variance, resulting in a 17' southern side yard setback and a 19' northern side yard setback. The property is located at 1008 Back Mountain Road, in the Back Creek Magisterial District. If you have any questions regarding this action, please feel free to call this office. Sincerely, c� ark 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 � t ..tip ��96' 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: April 19, 2006 The amount of $50.00 was deposited in line item 43-010-019110-0008 for Donald Haley. Mr. Haley had a deposit for one sign for a Variance 425-05. 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: Donald Haley 1008 Back Mountain Rd Winchester, VA 22602 RSA/pd QA_.) 41 ►a jo(p 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 RECEIVED FROM ADP,RESS J FOR CASH I� 7DUE,- 'Ci �.� . I MONEY MO ER BY Cash 55.UU Pd by PLANNING & DEVENALTY/INTEREST THRU THECMONTH12210/2005 VARIO BALANCE DUE INCLUDES PE SOOZ/OT HZNOW HHZ fl'dHs JSHdEINI/.;UrIKN2d SS(InIONI HIIQ ONKrIVe Sf]OI'dVA # 00.6ZZT NoauO 6T/OT ZNHWdOrIHnHQ 3 ONINNVrld q pa 00 SS LIS2O 00anQ 9ou2T22* 00'00I $ pT2a qunouiV 00 ' sa.zaqul 00' ��T2uaa 00'OOT pT2a buTag T2dTouTza 00'00T $ 9ou2T29 snoTna.za ONINNVId SJISOdHQ NOIS #�ooFZ S60T # �daQ SZZO-b09ZZ Kra 'dSISSHONIM rrI/ZPCZETT #zrI :.a4sTbag SZZ X09 'O' 90OZ/6T/OT : 6-42Q 2iP '33OQN'dO WKIrIIIM T0009TS0000: # gGNZ)Tj, a I H O H H X)CJNf)OO }IZ)J idE PIS 'C tt 10 O cO e a`e o t°be ati °erase �o�ta4� aeca�J4�end J J V-se 4 ea rase fee ae e 1�°st b ess �'�ce ages �v �`<St a�4c so° to t Sire 5 5a�ta��rt orsa�e eve ki Seel- s �oages �o�oodl�4toQect`l S4C, `y cN> ,,s�,ct ss`o°et ofthe a sec 5 C,2xN t1jp CO See dby tr ores asb�,`e as<e55 el . a e Otret Re�eo a ckG 6A0 L + et a �. IS oo gOrn ��oo ANC <ma God as°< �nday �� tht be � � � onaay t .may eta��s xr s � . - �` aroma foc a • • , Xte ae • � • . VARIANCE APPLICATION #02-06 DONALD HALEY Staff Report for the Board of Zoning Appeals Prepared: April 10, 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: March 21, 2006 - Action Tabled April 18, 2006 - Action Pending LOCATION: 1008 Back Mountain Road (Route 614) MAGISTERIAL DISTRICT: Back Creels PROPERTY ID NUMBER(S): 39-A-82 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Use: Agricultural South: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: Agricultural West: RA (Rural Areas) Use: Agricultural VARIANCE REQUESTED: A 33' southern side yard variance and an 8F northern side yard variance, resulting in a 17' southern side yard setback and a 19' northern side yard setback. REASON FOR VARIANCE: Narrowness Variance Request #02-06, Donald Haley April 10, 2006 Page 2 STAFF COMMENTS: Frederick County adopted zoning in 1967. 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' for the fronts (any time property faces a road) 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' to the Southern side and 100' to the Northern side, in which the adjoining property is used agriculturally. This property is unique in that it has two front yards because of the existing road location. Frederick County zoning requires a 100' setback for any dwelling adjoining a lot which provides an agricultural land use. The proposal for an 81' variance on the North boundary would be a drastic decrease from the required setback. STAFF CONCLUSIONS FOR THE APRIL 18, 2006 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 33' on the southern side and 81' from the northern side to replace an existing mobile home. Should this variance be granted, the building setbacks for this property would be: 60' for each of the front yards (road frontage), and would change to a 17' southern side yard setback, and 19' northern side yard setback. 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. SUMMARY AND ACTION OF MARCH 21, 2006 BZA MEETING: Mr. Perry made a motion that this request be tabled until they have sufficient information required to grant the variance that is needed. Mr. Rinker seconded the motion and it passed unanimously. CLOWSER 39 A 84A 39 A Pox 39 A 70 TIMMONS 39 A 71 WINE � y4(PY ,7g 39 87 h 4 4 !g "4"" HAGGERTY 39 A 72 4 SON a HARBAUGH 39 A eA Ja-`4 0q 4 80 �a SMITH 39 A 75 BROOKS 39 A 78 A Map Features Zoning Appl—bon /�/ Brbges ^ulve / Crts B O BI (Business, NeighboDi rhood strict) � MS (Medical Support Distrid) LakeslPonds ,OOV Dams O 32 (Business, General District) Rd (Residential, Planned Community District) +sue Streams /%./ R—ring walls B3 (Business, Industrial Transition District) R5 (Residential Recreational Community District) Buildmgs Road Centerlines EM (Extractive Manufacturing District) O RA(Rural Areas District) NHE - Tanks (Higher Education District) O RP (Residential Performance District) ® MI (Industial, Light District) N OParcels O M2 Il ndustrial, General District) Tra�ls MHI (Mobile Home Community Distrid) W E OSWSA **. UDA S SMITH 39 A' 77 VAR # 02 - 06 Donald Haley (39-A-82) 0 75 150 300 Feet �r 4f nor.-ij CLOMSER 39 A 85 40. r • WINE ti�.I� a39 A 83 ` dg ORGy 4 8� '- , • .P TIMMONS jf j391A 71/-,-' v • y t - � p , • HA�GERTr � 39 A ♦ 1090410 4ep SMITHk T( 1 .. Ad 4 BROOKS r J 39 A 780, ` ■ � OW fvi, FAA' r �. i SMITH 711i I 39 A 77 � "�► "� • �' f � _ � ` ` ai Map Features Zoning BApplica0on ^/ Bndges ^/ Gulverts B7 (Business, Neighborhood District) MS (Medical Support D,stri<t) Lakes/Ponds Jv Dams © B2 (Business, General District) RI (Residential, Planned Community District) .M— Streams /N/ Retaining Wells B3 (Business, Industrial Transition District) IRS (Residential Recreational Community District) • Buildings Road Centerlines EM (Extractive Manufacturing District) Q RA(Rural Areas District) - Tanks H HE (Higher Education Distric) Q RP (Residenbal Performance District) ^/ M1 (Industrial, Light District) N OParcels Q M2 (Industrial, General District) 1',, Trails . MH1 (Mobile Home Community District) W E OSWSA DOA S VAR # 02 - 06 Donald Haley (39-A-82) 0 75 150 300 Feet A"PPL. *CQ -©6 OCT r 9 2 005 APPLICATION FOR VARIANCE IN THE / COUNTY OF FREDERICK, VIRGINIA MkIrC• DG MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner other . (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: ADDRESS I� g� IYif�ynl7z� ,.�.�cr ADDRESS: a�1,Ls_ I'E., ; .v ,� a��G TELEPHONE: -�7_ g?7- A79/ TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): f po en -ta- 6 rC, i `c t�_-�t 4ff, , s Grp r i, �- k, i- 0h) �tP 64 Rip. /,4 In: I, To Ppcpr_�tY _ Ord Li 4. The property has a road frontage of j oG feet and a depth of LL feet and consists of , 4 acres (please be exact). Page 5 of 9 5. The property is owned by 'T) fc L , { jam sL �,5 c` m , I kv as evidenced by deed from fidr-�, (previous owner) in deed book no. 1?47 on page 3/9 of the deed books of the Clerk of the Court for Frederick County. Please attach a --Copy of the recorded deed. 6. Magisterial District: _/4"-CA 0-12 e_6_,L 7. Property Identification No.: -3 9 - 4 - 9 _!�, 8. The existing zoning of the property is: 'Iew 9. The existing use of the property is: 10. Adjoining Property: USE North _ (4 , , East South cLN�l-�QI West ZONING /2,¢ 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. ") L�e­ Lao; id a- haosa__ -►,�� . 12. List specific reason(s) why the variance is being sought in terms of. V " exceptional narrowness, shallowness, size or shape of roe P P ri3', 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 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: L-oP410 Q- Lo co Scst/Z Address 1-0 ffL-WA Y L4--V& w- Property ID # `� ` • ` �- �Fa 1�'z' V �� Address 3 ©�c r� "� l L �" 12, Property ID #. 7-o Address tb ' Property ID # 3 Q.-4. Address ,1t3 4tg Property ID # ^ 4L — Address 7 q Property ID # Z b Address Property ID # Address Properly ID # Address Property ID # Page 7 of 9 15. Provide a sketch ofthe property (you may use this page or attach en Show proposed and/or existingstructures on the roe engineer's drawing), property, rty, including measurements to all property lines and to the nearest structure(s) on adjoining properties. Please include any other exhibits, drawings or photographs with thus application. 1o7I L:= 16 G0 Page 8 of 9 RS - REBAR SET IRF REBAR FOUND FP a FENCE POST IRF P170 2r r, a De'T't1' J. FOX 69-A-70 6771' 0' i THE PORTIONS OF THE DEED LINE SHOWN HEREON AS DASHED LINES ARE HEREBY VACATED. <g ------------------------------- IRS -- � w 39-A-79 J 767/1328 IRS PARCEL 2 _ PAW M. a M, 5K. S9Aral 767/ OW - F'A ZI=- I 39-A-B2 325/548 END CHAIN LINK J' FENCE POST -------___41-T---� FP 0,6772 --- A/✓M5 U7 \4K 9 4 -1 PG 0 3 19 IRF (27AO') / U 1)7 15 IRF 1 STORY / DWELLING / IRS (27f3-V . e OMMY N. & 5H=A. K. rA14.M 39A-$O 0091141 NOTES: 1. BOUNDARY SHOWN HEREON WAS DETERMINED BY A FIELD RUN SURVEY PERFORMED BY ARTZ k ASSOCIATES ON SEPTEMBER 6, 1999. �/� �� e� ��7 g, �G* / Ww f V 1 O PLAT IS S TO EASEMENTSRD. CTIONS O SHOWN. EASEMENTS, TARE ✓OL"PAR rW JLr;%rm1 OF -WAYS OUBJECT 3. OTHER'RIGHTSHIS IF ANY, NOT O ������ 4. THE NET EFFECT OF THIS BOUNDARY LINE ADJUSTMENT DOES NOT CHANGE THE ACREAGE OF THE INDIVIDUAL TRACTS. 1 ♦ - PACK O=K 1:715mcf, r-IZ7~l7LWGK COLNI'Y, AP41NIA 5CAXi I" - 60' PAIVI 5eM&4VM 8, 1999 OS'- ArT 1.424 AC, WACr MICHAEL M. ART ME55C Z. LeACH rM *!W A-82 VP'325F44 , 5 �48 0. _ Artz and Associates No. 9JQ0 Q �j l Y2lt7 �� • M. .ICI 6'W,VW F.—orlr H 4 �oola0// we MACH um nAwo camAr ff 4, �►'v TM #39 A-79 VD 767, r4 M26, rARaL- 2 �,'„rXMU. A. 2M"�;;w vE'�° TEL 540467-= fAX 540-667-DIN PROJECT 1995173 TX FREE 1-600-755-7= 01 `fl AGREEMENT VARIANCE # e C (?Dumber 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 DATE %6 / 9- 0'-'- SIGNATURE OF OWNER o-�-C DATE (if other than appli -OFFICE USE ONLY- BZA PUBLIC HEARING OF '� _ _ ACTION: DA - 52-4 CHAIRZ kAm -lik"LLCq D_ APPROVAL SIGNS64 BZA. DENIAL DATE: Page 9 of 9 32A CHAIO�MAAJ NOTES: 1. BOUNDARY SHOWN HEREON WAS DETERMINED BY A FIELD RUN SURVEY PERFORMED BY ARTZ & ASSOCIATES ON JANUARY 30, 2003. 2. THIS PLAT IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 302.78' N 54'3507" W 298.33' PROPOSED HOUSELOCATION OF 1.424 ACRES BACK CREEK DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1" = 60' DATE: MARCH 29, 2006 PRESENT OWNER: DONALD L. & ESTHER M. HALEY TM #39-A-82 IN5T. #050003150 PROJECT #21709 TM #39-A-70 MARK EDWARD FOX 916/844 S 50_56'27" E 669.89' 1 PROPOSED HOUSE 1.424 ACRES POST �j POST 1-611— N 50'42'26" W 96.12' C L8 TM #39-A-79 DAVID M., SR, b ESTHER RAE GRIM 947/652 LINE BEARING DISTANCE L1 N 51'34'58" W 27.23' L2 N 46'36'30" E 4.35' L3 N 51'22' 15" W 27.07' L4 S 48'26'35" W 4.54 L5 N 50'30'59" W 29.89 L6 S 38'25'02" W 2.50' L7 N 51'34'58" W 13.00' L8 N 38'25'02" E 2.75' L9 N 50'30'59" W 39.05' L10 N 34'06 53" E 10.72 • = REBAR FOUND UNLESS OTHERWISE NOTED O = POINT L4 288.25' L2- S POST POST N SHEET 1 OF i (27.60' ory �� O �h'�� a J �. 0 Q Z VCO93.48' Ll r PLT H OF NO UMICHAEL M. ARTZ v No. 1951 Artz and ApHociatep, PLC A Subsidiary of Valley Engineering, PLC LAND SURVEYING LAND PLANNING DEVELOPMENT 16 Eeal Piccadilly Street 'AINCHESTER, VA. 22601-4740 TEL 640-667-3233 FAX 640-667-9186 TOLL FREE 1-800-755-7320 / 0 • Department of March 22, 2006 Mr. Donald Haley 1008 Back Mountain Rd. Winchester, VA 22602 RE: VARIANCE REQUEST #02-06 Dear Mr. Haley: FREDERICK FAX: 540/665-6395 The above -referenced application was tabled by the Board of Zoning Appeals at their meeting on February 21, 2006. Your request on parcel bearing Property Identification Number 39-A-82 was for a 40' southern side yard variance and a 90' northern side yard variance. The Board has requested that you submit a stakeout survey showing the house footprint on the plat. Your variance request has been rescheduled for the April 18, 2006 Board of Zoning Appeals meeting. If you have any questions regarding this action, please feel free to call this office. Sincerely, ark �RCheran� Zoning and Subdivision Administrator MRC/bad cc: Jane Anderson, Real Estate John Trenary, Inspections 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000 • 0 VARIANCE APPLICATION #02-06 DONALD HALEY Staff Report for the Board of Zoning Appeals Prepared: February 28, 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: March 21, 2006 - Action Pending jBLE� LOCATION: 1008 Back Mountain Road (Route 614) MAGISTERIAL DISTRICT: Back Creels PROPERTY ID NUMBER(S): 39-A-82 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Use: Agricultural South: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: Agricultural West: RA (Rural Areas) Use: Agricultural VARIANCE REQUESTED: A 40' southern side yard variance and a 90' northern yard variance, resulting in 10' side yard setbacks. REASON FOR VARIANCE: Narrowness Variance Request #02-06, Donald Haley February 28, 2006 Page 2 STAFF COMMENTS: Frederick County adopted zoning in 1967. 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' for the fronts (any time property faces a road) 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' to the Southern. side and 100' to the Northern side, in which the adjoining property is used agriculturally. This property is unique in that it has two front yards because of the existing road location. Frederick County zoning requires a 100' setback for any dwelling adjoining a lot which provides an agricultural land use. The proposal for a 90' variance on the North boundary would be a drastic decrease from the required setback. STAFF CONCLUSIONS FOR THE MARCH 21, 2006 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 40' on the southern side and 90' from the northern side to replace an existing mobile home. Should this variance be granted, the building setbacks for this property would be: 60' for each of the front yards (road frontage), and would change to 10' 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. HARBAUGH 39 A 8{ CLOWSER 39 A 84A 39 A A BROOKS 39 A 78 FOX 39 A 70 Map Features Zoning Application ^/ Bridges ^/ Culverts B ® 81 (Business, Neighborhood District) MS (MeOrwl Support District)) Lakes/Ponds �v Cams 0 B2 (Business, General District) RI (Residential, Planned Community District) — Streams /\/ Retaining Walls � B3 (Business, Industrial Transition District) R5 (Residential Reueetional Community District) Buildings Road Centerlines EM (Extractive Manufacturing District) Q RA(Rural Areas District) - Tanks N HE (Higher Educatron District) Q RP (Residential Performance District) OParcels 'v ♦ Mt (Industrial, Light Distrkt) O M2(I(Mobilel,General District) �'\i Trails , ♦ MH1 (Mobile Home Community District) jj�yl�l�.�%y' W E O SWSA �� UDA S TIMMONS 39 A 7i HAGGERTY N 39 A 72 Jg q SON 3 SMITH 39 A 75 q /AS l SMITH 39 A' 7T VAR #25-05 Donald Haley (39-A-82) 0 75 150 300 Feet r� toe ' ti WINE i , 35 4' 39 A" 83 Cq `` A Js•q f % t e• 4 UGH f'i. i+ , . k I4 0. �+.� EPDCNS, tr 14 to 4 >:•r - � r 'SMITH � Map Features Zoning Application Britlges /�� CUNerts B ® 81 (Business, Neighborhood District) MS (Med,ul Support Distrid) Lakes/Ponds ^� Dams ® B2 (Business, General Distrid) R4 (Residential, Planned Community District) Streams INV Retaining Wells B3 (Business, Industrial Transition Distrid) R5 (Residential Reaeational Community District) Buildings Road Centerlines EM(Ex alive Manufacturing District) Q RA(RumiAreas Distrid) . Tanks N HE (Higher Education Distrid) O RP (Residential Performance Distrid) /v ♦ MI (Industrial, Light Dislid) OParcels 0 M2llndub,l, General District) �\J Trails _y_ . MH1 (Mobile Homa Community Distrid) �rljY�//R]7v/il W E O SWSA ����UDA ���yt S VAR #25-05 Donald Haley (39-A-82) 0 75 150 300 Feet P CLOWSER 39 A 94A 39 A FOX 39 A 70 TIMMONS 39 A 71 WINE v Jg R4,Fr 39 A 93 a Jg r'RM 4 � 4 B 7 Jg ORS HAGGERTY 4 )g Pq Jg sON 39 A 72 4 J HARBAUGH 39 A U JBl4y<O q R Bp _Pa SMITH 39 A 75 Jy� /j6 q BROOKS 39 A 78 501 A Map Features Zoning Applica0on Bridges B ^/ Culverts 0 B1 (Business, Neighborhood District) � MS (Medical Support District) Lakes/Ponds ^� Dams B2 (Business, General D,s ,t) Rd (Residential, Planned Community Dishkt) +s.+ Streams Retaining Walls B3 (Business, Industrial Transition Dlstnd) R5 (Residential Recreab—1 Community District) Buildings Road Centerlines EM (Ex acb,e ManufactunW Distrid) Q RA(Rurel Areas District) . Tanks N HE (Higher Ed —bon Distract) Q RP (Residential Performance District) M1 (Industrial, Light Distnd) OParcels 0 M2 (I ntlustrial, General Distrid) N \� Trails . MH1 (Mobil Home Community District) OSWSA #%V UDA W E S SMITH 39 A' 77 VAR # 25 - 05 Donald Haley (39-A-82) 0 75 150 300 Feet r1'< s !! f, t CLOWSER'' 39 A 85 Fox 39 A 70 / y / 1 `j Ape ,p fJf 9M AGNS ( t YYINE 39 A�E3 A HAGGERTY 39 8/ 'o �-`�. �� . �. •'.. P _ ,�T4y`OR •� air. �. 1 ! a`, � .! " / ✓a r� �''s '' 4. ! vR Ty �.` _i\`'• .r X �./ i per a. E. it + 39r A 7B� 1 A { SMITH t 39 A 77r:- 1 f LANCAS7EIAI Map Features Zoning /N,/ Bndges BAppbweon /\/ Culverts � Bt (Business, Neighborhood Dlstrid) MS (Metliwl Support District) Lekes/Pontls Ov Dams © 62 (Business, General District) RI (Residential, Planned Community District) Streams /,/ Retainirg Walls 63 (Business, Industrial Transition District) R5 (Residential Recreational Community District) Buildmgs Road Centerlines EM (Et active Manufacturing District) Q RA (Rural Areas District) - Tanks N HE (Higher Education District) Q RP (Residential PeHormance District) 'v O Parcels Mt (Industrial, Light District) M2 (I(Mobilel,General District) �1 Trails . MH1 (Mobile Home Community District) W E OSWSA UDA S VAR #25-05 Donald Haley (39-A-82) 0 75 150 300 Feet �J CLOWSER 39 A 84A 39 A VWiN) v Jg qR{y A B I By �/ Jg AJ9 39 A UGH 84 / \ K /// / qY J BO BROOKS 39 A 78 501 A FOX 39 A 70 Map Features Zoning Appbcetion ^/ BndgCutve z v Culve �rts B 81 (Business, Neighborhood District) MS (Medical Support District) LakeslPonds �v Dams B2 (Business, General District) R4 (Residential, Planned Community District) Streams /�/ Retalnirg Walls B3 (Business, Industrial Transition District) R5 (Residential Recreational Community District) Bu,ld,ngs Road Centerlines EM (Extractive Manuhcturing District) Q RA(Rural Areas District) an. N HE (Higher Education District) Q RP (Residential Performance District) . MI (Industrial, Light District) OParcels Q M2 (Industrial, General District) N \i Trails MH7 (Mobile Home Community District) ♦ W E OSWSA ��UDA S TIMMONS 39 A 71 HAGGER7Y aq 39 A 72 Jg �S 4 �N J SMITH 39 A 75 4 �6 SMITH 39 A 77 VAR # 02 - 06 Donald Haley (39-A-82) 0 75 150 300 Feet k , CLOWSER 39 A 85 ;f t wINE ♦ 7 - 39 A' 83 • r '3 4. a / • .Iy �0, , f ��f •r���a .r.. ` t J �r , +yam.( a1� U r � •F�f f FOX 39 A 70 A'4q & _ _. Yi, •y ,�/.'r , f. HAGGERTY 39.. Ai72 r e SMITH 39 A!75f' j� J : + ter * '•�F.��i%�, �) eve if i lot 9A A'� 78 r y . ffi - ► � � r r .f� 1d� K SMITH � 77 1 + , LANCASTER -� - 50 r Map Features Zoning ^� Bndges 8App1¢abon Culverts ® B1 (Business, Neighborhood District) MS (Metlipl SupportDistrict) LakeLPonds ^� Dams © B2 (Business, General District) ® R4 (Resitlenbal, Planned Community District) .N— Streams /�/ Retaining Walls B3 (Business, Intlustnal Transition District) R5 (Residenbal Recreational Community District) Buildings Road Centerlines EM (Extractive Manufaclunng District) O RA(Rural Areas District) Tanks N HE (Kgher Ec—tion District) Q RP (Residenbal Performance District) . Mt (Industrial, Light District) OParcels ^/ Q M2 (Intlus General District) N. �\� Trails e ♦ MHt (Mobille Mome Community District) W E O SWSA �� UDA lJ`vjCy(J/yj�/��yt' S VAR # 02 - 06 Donald Haley (39-A-82) 0 75 150 300 Feet 10-4 0 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 5401665-6395 February 22, 2006 Mr: Donald Haley ' 1008 Back Mountain Road Winchester, VA 22602 RE: VARIANCE REQUEST #25-05 Dear Mr. Haley: This letter is to confirm that the above -referenced variance application was denied by the Board of Zoning Appeals at their meeting on February 21, 2006 because the variance sign was not posted one week prior to this meeting. Your request was for a 40' side yard variance, on both sides, on parcel bearing Property Identification Number 39-A-82. The property is located at 1008 Back Mountain Road (Route 614), in the Back Creek Magisterial District. The decision of the Board of Zoning Appeals may be appealed to the Circuit Court of Frederick County within 30 days of the Board's decision. If you have any questions -regarding this action, please feel free to call this office. If you have any questions, please feel free to call this office. Sincerely, ark R. e ran Zoning and Subdivision Administrator . MRC/bad 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING March 7, 2006 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #02-06 OF DONALD HALEY On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, March 21, 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 402-06 of Donald Haley, for a 10' front yard and a 10' rear yard variance. This property is located at 1008 Back Mountain Road (Route 614), and is identified with Property Identification Number 39-A-82 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, Mark R. Cheran Zoning and Subdivision Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 r v This is to certify that the attached correspondence was mailed to the following on r 17'A6 from the Department of Planning and Development, Frederick Count'Virginia: I Donald and Esther Haley 1008 Back Mountain Rd. Winchester, VA 22602 Loring C. Clowser Est. 1041 Hedrick Ln. Winchester, VA 22602 Robert T. Fox 2934 S. Pleasant Valley Rd. Winchester, VA 22601 r David M. & Esther Grim 1024 Back Mountain Rd. Winchester, VA 22602 Michael D. and Rhonda J. Smith 989 Back Mountain Rd. Winchester, VA 22602 j- Mark R. Cheran, Zoning & Subdivision Administrator Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK I,) , a Notary Public in and for the State and County aforesaid, do here y certify that Mark R. Cheran, Zoning & Subdivision Administrator for the Depa tme t of Planning and Development, whose name is signed to the foregoing, dated has personally appeared before me and acknowledged the same in my Stat and County aforesaid. Given under my hand this 7 day of / AR -ez c fir, My commission expires on rIN NOTAIRif JRJBLIC COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING April 4, 2006 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST 402-06 OF DONALD HALEY On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, April 18, 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 #02-06 of Donald Haley, for a 90' northern side yard and a 40' southern side yard variance. This property is located at 1008 Back Mountain Road (Route 614), and is identified with Property Identification Number 39-A-82 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, even T. Henry Planning Technician KTR/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 ' O � from the Department of Planning and Development, Frederick County, irgmia: 39 - A- - 82- HALEY, DONALD L HALEY, ESTHER M 1008 BACK MOUNTAIN RD WINCHESTER, VA 22602 39 - A- - 85- CLOWSER, LORING C. EST. 1041 HEDRICK LN WINCHESTER, VA. 22602-1690 39 - A- - 70- FOX, ROBERT T 2934 S PLEASANT VALLEY RD WINCHESTER, VA 22601.4241 39 - A- - 79- GRIM, DAVID M SR & ESTHER RAE 1024 BACK MOUNTAIN RD WINCHESTER, VA. 22602.1610 39 - A- - 75- SMITH, MICHAEL DAVIES & RHONDA J 989 BACK MOUNTAIN RD 226021624 WINCHESTER, VA. Kevin T. Henry, P nning Technician Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREIDERICK I, ,d. , a Notary Public in and for the State and County aforesaid, dcohereby certify that2kevin T. Henry, Planning Technician for the Department of Plann g/ and Development, whose name is signed to the foregoing, dated has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of o�Oa My commission expires on 00 NOTARY VUBLIC )qqz4�5y Vl�le« �« .7 . -A-� 13. Additional comments, if any: TO:BARBARA-DATA PROCESSING FROM:BEV - Planning Dept. Please print ---Z sets of labels by 3 1Z- 7T57, 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: NAME L0e^� Lo G; SL'72 Address l U ail -p y Lv1wZ' W v'fi Property ID # Address 3 Property ID # 3 9. 4 7 � Address Property ID # 3 c? j c S l H Address -?j - 3 Property ID # q 7 s^ 'i (G L y S V- ' t Address 3 5^ _ �! 7 y Property ID # '3 _ �,. _ Z b Address Property ID # Address Property ID # Address Property ID # Page 7 of 9 NOTES: 1. BOUNDARY SHOWN HEREON WAS DETERMINED BY A FIELD RUN SURVEY • = REBAR FOUND UNLESS OTHERWISE NOTED PERFORMED BY ARTZ & ASSOCIATES ON JANUARY 30, 2003. 2. THIS PLAT IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TM #39-A-70 O = POINT MARK EDWARD FOX 916//844 S 50'56'27" E 669.89' 18.73 N V 1.424 J _ P PROPOSED ACRES v� D HOUSE -' 7 L4 J �o � o 302.78' 288,25' L2 POST POST POST L3 C 16.8- ' N 50'42'26" W 96.12' L9 �' L7 L5 POST POST N 50'20'52" W 93.48 L1 V O 8 — — N 54'3507 W 298.33 La L6 C7 PROPOSED HOUSE LOCATION OF 1,424 ACRES BACK CREEK DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1" = 60' DATE: MARCH 29, 2006 PRESENT OWNER; DONALD L. & ESTHER M. HALEY TM #39-A-82 INST. #050003150 PROJECT #21709 TM #39-A-79 DAVID M., SR. & ESTHER RAE GRIM 947/652 LINE BEARING DISTANCE L1 N 51'34'58" W 27.23' L2 N 46'36'30" E 4.35' L3 N 51'22' 15" W 27.07' L4 S 48'26'35" W 4.54' L5 N 50'30'59" W 29.89' L6 S 38'25'02" W 2.50' L7 N 51'34'58" W 13.00' L8 N 38'25'02" E 2.75' L9 I N 50'30'59" W 39.05' L10 N 34'06'53" E 10.72' �PLT H OF �MICHAEL M. ARTZ v No. 1951 i4 VD i nd Associateig, PLCry of Valley Engineering, PLCG LAND PLANNING DEVELOPMENT16 East Piccadilly StreetNCHESTER, VA. 22601-47400-667-3233 FAX 540-667-9188OLL FREE 1-800-755-7320 • 0 DEPT. OF GEOGRAPffiC WFORMATION SYSTEMS VRFnERTCY COUN Y, VIRG]NU GIS, "PING, GRAPHICS WORK RETQUEST DATE RECEIVED: - o� REQUESTED COMPLETION DATE: REQUESTING AGENT; Department, Agency, or Compauy:- NjOing and/or Billing Address: Telephone: E-mail Address: ESTEVIATED COST OF PROTECT: DESCRIPTION OF REQUEST: (Trite additional DIGITAL: SIZES: COLOR FAX: Dtk)ff4--b PAPER- FAX• - E-MALL: BLACK/ATITE: NCTMBEK OF COPIES: STAFF MEMBER COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE:_ AMOUNT BILLED: METHOD OF PAYNENT: HOURS REQUIRED: AMOUNT PAID: CHECK NO.4. Frederick County G1S, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) c�Pr