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HomeMy WebLinkAbout08-07 Franklin & Candy Miller - Stonewall - Backfilei BOARD OF ZONING APPEALS Variance Request Tracking Sheet Date: A4* opened o Reference Manual updated/number assigned D-base updated Ca tXk pne-BSW-location map requested from GIS Two sets of labels requested from Data Processing File given to Renee' to update Application Action Summary [MEETING DATE: / f o `7 FINAL ACTION: � e �� I o . ',- CLOSE OUT FILE: D / L�6 Approval (or denial) letter mailed to applicant/copy made for file ��0-7 File stamped "approved", "denied" or "withdrawn" �O- Reference Manual updated O\ D-base updated LV7 File given to Renee' for final update to Application Action Summary U:\Bev\Common\Tracking sheetsMA Tracking.bza Revised 05/25/01 W- °m v cc 0 B NO.'+ 18 8 DATE -___ _ RECEIVED FROM _ ADDRESS _�--------- - __. DOLLARS $ ❑FOR RENT ❑ FOR .... BY AMT. OF CASH ACCOUNT AMT. PAID CHECK BALANCE MONEY DUE ORDER _1 C FILE COPY .t�L� MEMORANDUM TO: Finance Department FROM: Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: August 31, 2007 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 The amount of $50.00 was deposited in line item #3-010-019110-0008 for the company named below had a deposit for one sign for a Variance #08-07 for Franklin & Candy Miller. The company 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: Jenning Homes 196 Ruebuck Rd Clearbrook, VA 22624 RSA/pd f�a c�l31107 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 DATE No.7188 RECEIVED FRO ,ADDRESS ilk, DOLLARS $ .J LJ FOR RENT" OFOR AMT. OF ACCOUNT CASH AMM T. 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Revenue Address Main Treas rederick Co oX 225 p.0• V 65 22604 *jnc�ester, (540) 665-5607 Email AddreS' I �o•freden( BOrndoff@ i T}easuref's Office . ...Liav 8.3C a Department of Planning and Development 540/665-5651 August 22, 2007 Randy Stowers Montgomery Engineering Group 180-9 Prosperity Dr. Winchester, VA 22602 RE: VARIANCE REQUEST #08-07 FOR FRANKLIN AND CANDY MILLER Dear Mr. Stowers: This letter is to confirm that the above. -referenced application was approved by the Board of Zoning Appeals at their meeting on August 21, 2007. The request on parcel bearing Property Identification Number 55A-1-3 was for a 23.5 foot left yard variance, resulting in a 26.5 foot left yard setback and a 17 foot right yard variance, resulting in a 33 foot right side setback. The property is located on Woods Mill Road (Route 660) in John Hepfer's Subdivision No 1, Lot 3, in the Stonewall Magisterial District. If you have any questions regarding this action, please feel free to call this office. Sincerely, Mark R. Cheran Zoning Administrator MRC/bad cc: Franklin and Candy Miller, 745 Woods Mill Rd., Stephenson, VA 22656 Jane Anderson, Real Estate John Trenary, Inspections 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 M VARIANCE APPLICATION #08-07 FRANKLIN AND CANDY MILLER Staff Report for the Board of Zoning Appeals Prepared: August 3, 2007 Staff Contact: Lauren E. Krempa, Planner I This report is prepared by the Frederick County Planning Staff to provide information to the Board of Zoning Appeals to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. BOARD OF ZONING APPEALS HEARING DATE: July 17, 2007 — Action Tabled, Applicant Not Present August 21, 2007 — Action Pending LOCATION: Woods Mill Road (Route 660) in John Hepfer's Subdivision No. 1,, Lot 3 MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 55A-1-3 PROPERTY ZONING & USE: Zoned: Rural Areas (RA) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) South: RA (Rural Areas) East: RA (Rural Areas) West: RA (Rural Areas) Use: Residential Use: Residential Use: Agricultural Use: Residential VARIANCE REQUESTED: The applicant is requesting a 23.5 foot left yard variance, resulting in a 26.5 foot left yard setback, and a 17 foot right yard variance, resulting in a 33 foot right side setback, for the construction of a single family dwelling. REASON FOR VARIANCE: Exceptional narrowness`of lot. Variance #08-07 — Franklin and Candy Miller August 3, 2007 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 feet for the fronts and 15 feet for the side yards. Frederick County amended its Ordinance in 1989 to change the A-2 zoning districts to the current RA (Rural Areas) Zoning District. The Frederick County Board of Supervisors amended the setbacks for the RA Zoning District on February 28, 2007 making the current setbacks for the property: 60 feet to the front, 100 feet to the rear, and 50 feet to both sides. Based on the narrowness of this lot, the applicant is requesting a 17 foot variance on the right side and a 23.5 foot variance on the left side in order to construct a single family dwelling. The current RA setbacks, if enforced, would eliminate a buildable area on this lot. If granted, this variance would result in new setbacks of 60 feet to the front, 100 feet to the rear, 26.5 feet on the left, and 33 feet on the right. This application was tabled at the July 17, 2007 meeting because the applicant was not present at the time of the public hearing. Therefore, it would be appropriate for the Board of Zoning Appeals to hold the public hearing for this application at their August 21, 2007 meeting. STAFF CONCLUSIONS FOR THE AUGUST 21, 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 23.5 foot left yard variance and a 17 foot right side variance in order to build a single family dwelling. Should this variance be granted, the building setbacks for this property would be 60 feet to the front, 100 feet to the rear, 26.5 feet on the left and 33 feet on the 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. WOODS �q by �� qy✓ �,70 tfsl,wcv_ ��''9p '9� .CC✓,P �S 00 << , ✓o 55 7 2B VIP, ss l,SF.p'3 y�yF 9Y CAMPBELL, CHRISTOPHER S 00, 'PsF. s s R 70 s c 4j,4 AO ssq d �Fy ee�F4' e yq�i RED 6UD oe"% 55 7 3 COMER, RONALD L 55A 1 4 POSEY, RICHARD A. & MARY ANN Sg M/4t fR R�Nk3 11444RqN 7 ` KlGyk Mi44FRs ', 1N�1 55 A 136 JRW PROPERTIES & RENTALS INC. Frederick County, VA Location in the county Map Features O Hamlets ^. Future Rt37 Bypass - Application Airport D Lakes/Ponds `-- Streams streets — Primary ti Secondary '�- Terciary .1111 Urban Development Area %o SWSA Variance VAR # 08 - 07 Application Franklin & Candy Miller Parcel ID: 55A-1-3 7 Irclan Springs e O Burnt Factory Location in Surrounding Area p�cK o 0 100 200 - d © Case Planner: Lauren Map Document: (N:\Planning And_Development\ 1_Locator_Mps\FranklinCandyMiller_VAR0807_62507.mxd) 6/25/2007 -- 11:49:54 AM Frederick County, VA Variance VAR # 08 - 07 Application Franklin & Candy Miller Parcel ID: 55A-I-3 Location in the County Map Features O Hamlets 011it• Future Rt37 Bypass - Application C Airport 15 Lakes/Ponds ^— Streams streets Primary ti Secondary Tertiary 1 Urban Development Area 4%I SWSA airym re t nson �. O ' eetow❑ rdan Springs. 0 O Burnt Factory � 0 100 2i' © Case Planner: Lauren Map Document: (N:\Planning_And_Development\ 1_Locator_Mps\FranklinCandyMiller VAR0807_62507.mxd) 6/25/2007 -- 11:49:54 AM APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA -OFFICE USE ONLY - Variance Application No 09'b'1 Submittal Deadline: 61,9a 1or7 Submittal Date: lohy 0 � For the meeting of '1 / 17 0 8 dr a7 Fee Paid: 4� ge initials: Sign Deposit MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner other VPL. (Check one) 2. APPLICANT: NAME: Tenn:ns qorf% s� Lnc ADDRESS IQ(ot,e.c Qd baeArej63k VA TELEPHONE: (6_1"'7 OCCUPANT: (if different) i 00'r- INAME: ProAVr% r Urlq ADDRESS: _14 Ups MALE, 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 3 a � feet and consists of 1- 0 acres (please be exact). 5. The property is owned by �,-c,;,� « l:c c�l ��� as evidenced by deed from % (yce- ti:r1ej recorded (previous owner) in deed book no. on page wy4 of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: #%-�l 1 7. Property Identification No.: J� 55 A f `3 8. The existing zoning of the property is: e A 9. The existing use of the property is: R-es"AO-A CA I V aiLn�b L,_V,A 10. Adjoining Property: USE ZONING North C7 East �; P � South RA West R 4 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.") Vre.e,nc,c, L sja� sa 151 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 _E-xc4'wt�� 7 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 _E-xc4'wt�� 7 • LA 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 A Address 13 S. U-,J A,, Sl Property ID # q ,'U,\S L . c.ner Address -14S 4M Property ID # S� -• v ;� CCIIIA J4 M11P7 Anil �se Address i"14 �Jr,�c�s ,� NO 4 L",C), A Dxgi Property ID # � ' `' .� � C ���Yi,II�, Address -1q3 Property ID # Address Property ID # Address Property ID # Address Property ID # A4 t 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. NOTES: 4r 1. FREDERICK COUNTY TAX MAP: 55A-1-3. 2. NO TITLE REPORT FURNISHED, EASEMENTS AND/OR OTHER ENCUMBRANCES OF RECORD MAY EXIST WHICH ARE NOT SHOWN HEREON. 3. THIS PLAT IS THE RESULT OF A CURRENT FIELD SURVEY. 4. VERTICAL DATUM IS ASSUMED. 0 N 55—A-136 - JRW PROPERTIES & RENTALS, INC. ---------- D.B. 591, PG. 630 I � C4 r0 ' Q I $ PROPOSED DRAINFIELD EASEMENT 00' lb Q r' 630 -- 631 O �O ---- 632 �6ti ,YM.'55A11-3----633 JI 6ti0 = ;Lai 3 - - LOT 2 �o 1.Q684 4CRES ' ---- 634 10 , ' - 635 LOT 4 3 }=—a� 33.0' r F�63,9: . rS� 0 I 26.5' PROPOSED D/W 6 AO ' EXISTING STRUCTURES e3 -' PRQPO,SED%/ 6A, TO BE REMOVED WE'LL r / 'BRL/ Z o60' ;h -sss,1 r.y EXISTING ASPHALT N a, i R=11,479.16', N28-18'04"E- A=95.09' 4.55' ROUTE 660 WOODS MILL ROAD �P jH OFF 40' R/W (D.B. 251, PG. 162) � r-P G_ BENJAMIN C. v MONTGOMERY GRAPHIC SCALE Lic. No. 30342 0 v 30 100 �1,IONAL ENG^ 1 inch = 50 ft. GRADING PLAN LOT 3 JOHN M. HEPFER'S SUBDIVISION NO. 1 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1' = 50' DATE: JUNE 11. 2007 iPr'A MONTGOMERY efgineedw vromp, life. 180-9 Prosperity Dr. Winchester, VA 22602 (540) 450-3236 VOICE www.MEG-11: (540) 450-3235 FAX 07/09/2007 16:50 5406W72 J u 1. 4. 2007 3 : 26PM . -IT SCHRANTZ • PAGE 01/01 No.6436 P. 2 Special Limited Power of Attorney County of Frederick, Virginia Plawpi=g Conaky of Fredcric-k, Vbjbi*107 North Kant Street, Wimchester, VlVnia 22601 Phone 546--665-501 Facsimile, 540-665-6395 Know All Men By These Presimts: That I (We) (Name) (A.ddres tie owm Office, orf tltc Ciruit Caurt of A. Coomty OF Frederick, viffsiM4 by SOS$ 0 recorded in the Clerk's Instrument No. On, Page , and is described as parcel: . Lot _Black: i 3edion: `J- 1� SubdiYisian �t>nn Nan �' S `a,, iX1 Jit) VYl do hereby make, caonstd-ute and appuinr (Name) O (P3rvncj -1. `) 3g S_ (Address) 1 CIC �U� ��. � Q���,�,., k 22� To art as my true and lewfltl etmey iu-fact for and in my (oar) name, place Lard atrad with full power and autharity I (we) would have if acting persowdly to file planning appheahom Rr my (ow) above described Prey, Q Ruaoiag (Inducing proffers) O Conditional Use Permits ❑ Master Development Plum (Preliminary and Hard) 0 Subdivision 0 Site Plan x `(a r ) 0_0 C, C My atW eye-fikct sbell have the aa&mity to offer proffered conaums and to make am mdnumts to previously appeavedproffered conditions except = follows: •lma autbon=on abO GiC re one yeas frrnn the day it is signed. or urttil it is odawise cilel of modified Iu witaess fl=eoi I (we) have hereto set my (our) band and seal this 2°f day of u I 2003 5ignamre(s) ') —,,A,r,,� A , 4 ` � L State of Virginia, City/County of R D CIn 0)U_ v , To -wit I, > 7l -J . a Notary Public inand for the juris&ction aforesaid, oertiir eat the pMan(s) who signed to the fbtegmng msaument and who is (are) k omm to me, personally appearod t ef= m�e JW'''r,, edged tine same before me in the,jra iclaon aforesaid this L � day of J� 2(� P. �10Y ., ,� �•�•••••• �i 4 i My Commission Expires: a 3 c3 p Notes he = • • Sec- ••�•: SENT BY: ERA OAKCREST REALTY ;• 6620986; AUG-'7 7 2:20PM; PAGE 1 /1 07/09/2007 16:50 5406679772 Jai. 9. 2007 3:26PM No.6436 P. 2: 0PY sptxW U nked Power of AftMep Co" of brick, Virginia 1 "Ohrg 002% CAaov of Fr dcdd4 vuodsti 207 Marti%t Shvet, WbKh*N r, VU)r12201 rbe a 5*465-apt i�odaedL'540�63-6J�3 Knave All Mon By TbeW PXMOIL That I (WO (Nana) JL Iq dm owom#j of ail dum "cma crWaaic af'iatod (Twpaty") cosy afG.. afdw awtit Cot 49. 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'A*ndic �ta-W MY Cotasiam lima: : • 4 Special Limited Power of Attorney County of Frederick, Virginia r 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) ChriS .fe/)ninpS (Phone) S'fO"%22-9396' I/A aacpa4 the owner(s) of all those tracts or parcels A 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 and is described as Parcel: -9 Lot: Block: Section:65A Subdivision jOhr1 �ep-[[ rr XyM;6561 do hereby make, constitute and appoint: (Name) (Phone)5Y1)-y--Z-3.23& J AV (Address) g S I i Y4 o7 To act as my true and lawful attorney- -fact for aAd in my (our) name, p ace 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: G Rezoning (Including proffers) G Conditional Use Permits G Master Development Plan (Preliminary and Final) G Subdivision G Sitff Plan ?'� Vq.rl'Gi.n C2 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 In witness theyeo I (we) have hereto set my (our) hand and seal this Itp day of �AuQtLs Signature(s) NO �<1 PUBUC MY G MA'S . State of Virginia, City/County of eri rL To-wif„ oEVIRES 1, Cathy M. Jewell , a Notary Public in and for the jurisdiction aforesaid, certify that the�b�y�11�F.` signed to the foregoing instrument and who is (are) known to me, personally appeared before me a'd fi l "" ac owledged the same before me in the jurisdiction aforesaid this 16t4ay ofAugust , 200 7 My Commission Expires: December 31, 2007 Notary Public Notary Registration #139067 P V: SENT BY: ERA QAKCREST REALTY; 661,086; JUN-13 9:13AM; PAGE 2/2 AGREEMENT` VARIANCE # n $ -Q'7 (Number to be assigned by the Planning Dept) I (we), the undersigned, do hereby respectfully make application, and petition the Fredel County Board of Zoning Appeals (BZA) to grant a variance to the terms of the Fredei C;ounty Zoning Ordinance as described herein. I agree to comply with any conditions for variance required by the BZA. I authorize the members of the BZA and Frederick rederick County officials to go upon the 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 () days prior to the BZA public hearing and maintai&i d so as to be visible from the goad or right-of-way until the hearing. I hereby certify that all of the statements and infornnation contained herein arc, to the best of my knowledge, true. SIGNATURE OF APPLICANT ��—✓ti�/illf%1� --. DATE Co - 6,01 SIGNATURE OF OWNER o � DATE I Oq (if other than applican 7O FFICE ITSE ONLY- BZA PUBLIC: f1EAltTNG OF.. '7 .`7 ACTION: AT m . APPROVAL DEMAL � � � g� j52-4 Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 July 19, 2007 Chris Jennings 196 Ruebuck Rd. Clearbrook, VA 22624 RE: VARIANCE REQUEST #08-07 FOR FRANKLIN & CANDY MILLER Dear Mr. Jennings: The above -referenced application was tabled by the Board of Zoning Appeals at their meeting on July 17, 2007. It is the policy of `the Board of Zoning Appeals to have the owner and/or the applicant present in order for the Board to render a decision. The request on parcel bearing Property Identification Number 55A-1-3 is for a 23.5 foot left yard variance, resulting in a 26.5 foot left yard setback, and a 17 foot right yard variance, resulting in a 33 foot right side setback, for the construction of a single family dwelling. This request has been scheduled for the August 21, 2007 Board of Zoning Appeals meeting. If you have any questions regarding this action, please feel free to call this office. Sincerely, eS'�rr'ke]Rl-heran Zoning and Subdivision Administrator MRC/bad cc: Franklin & Candy Miller, 748 Woods Mill Rd., Stephenson, VA 22656 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 VARIANCE APPLICATION #08-07 FRANKLIN AND CANDY MILLER Staff Report for the Board of Zoning Appeals Prepared: July 6, 2007 Staff Contact: Lauren E. Krempa, 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: July 17, 2007 - Action Pending LOCATION: Woods Mill Road (Route 660) in John Hepfer's Subdivision No. 1, Lot 3 MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 55A-1-3 PROPERTY ZONING & USE: Zoned: Rural Areas (RA) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) South: RA (Rural Areas) East: RA (Rural Areas) West: RA (Rural Areas) Use: Residential Use: Residential Use: Agricultural Use: Residential VARIANCE REQUESTED: The applicant is requesting a 23.5 foot left yard variance, resulting in a 26.5 foot left yard setback, and a 17 foot right yard variance, resulting in a 33 foot right side setback, for the construction of a single family dwelling. REASON FOR VARIANCE: Exceptional narrowness of lot. 0 • Variance 408-07 — Franklin and Candy Miller July 6, 2007 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 feet for the fronts and 15 feet for the side yards. Frederick County amended its Ordinance in 1989 to change the A-2 zoning districts to the current RA (Rural Areas) Zoning District. The Frederick County Board of Supervisors amended the setbacks for the RA Zoning District on February 28, 2007 making the current setbacks for the property: 60 feet to the front, 100 feet to the rear, and 50 feet to both sides. Based on the narrowness of this lot, the applicant is requesting a 17 foot variance on the right side and a 23.5 foot variance on the left side in order to construct a single family dwelling. The current RA setbacks, if enforced, would eliminate a buildable area on this lot. If granted, this variance would result in new setbacks of 60 feet to the front, 100 feet to the rear, 26.5 feet on the left, and 33 feet on the right. STAFF CONCLUSIONS FOR THE DULY 17, 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 23.5 foot left yard variance and a 17 foot right side variance in order to build a single family dwelling. Should this variance be granted, the building setbacks for this property would be 60 feet to the front, 100 feet to the rear, 26.5 feet on the left and 33 feet on the 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. 0 • Tax Map # 55A 1 2 & 55A 13 This Document Prepared By Racey & Racey, Attorneys at Law Woodstock, VA 060016923 0 m C.7 THIS DEED, Made and entered into this 3151 day of August 2006, by and between BRUCE A. PAINTER and SHIRLEY W. PAINTER, husband and wife, "GRANTORS' and FRANKLIN K. MILLER and CANDY M. MILLER, husband and wife, of 748 Woods Mill Road, Stpphenssnn, Virginia 79656 ,"GRANTEES". WITNESSETH: That for and in consideration of the principal sum of Two Hundred Twenty Thousand Dollars ($220,000.00), cash in hand paid, the receipt of which is hereby acknowledged, the said Grantors do hereby grant, bargain, sell and convey, with GENERAL WARRANTY AND ENGLISH COVENANTS OF TITLE, unto the Grantees, Franklin K. Miller and Candy M. Miller, husband and wife, as tenants by the entireties and not as tenants in common, with full common law rights of survivorship in the survivor as at common law (it being intended that the part of the one dying should then belong to the other, his or her heirs and assigns), all of those two certain lots of land, together with the improvements thereon and the rights, rights of way and appurtenances thereunto belonging, lying and being situate on the East side of Virginia State Highway No. 660, approximately three and one-half miles Northeast of the City of Winchester, in Stonewall Magisterial District, Frederick County, Virginia, designated as Lots No. 2 and No. 3, of the John M. Hepfer Subdivision No. 1, a plat of which is of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 216, Page 588, and more particularly described as follows: Lot No. 2, fronting 100 feet on the East side of State Route No. 660, and extending back 456.6 feet on its northern boundary and 428.2 feet on its southern boundary with a width of 105.2 feet in the rear; and, CD iD Lot No. 3, fronting 100 feet on the East side of State Route No. 660, and extending i back 486.4 feet on its northern boundary and 456.6 feet on its southern boundary, with a width of 105.2 feet in the rear. The above described and conveyed real estate is the same real estate conveyed to Bruce A. Painter and Shirley W. Painter, his wife, by deed from Osby C. Frazier and Shelby E. Frazier, his wife, dated September 5, 1964, of record in the aforesaid Clerk's Office in Deed Book 303, Page 85. This conveyance is made, however, subject to the following restrictions which are constituted covenants real running with the land. 1. That no dwelling house or other building shall be erected thereon nearer than i 40 feet to the southeastern right of way line of said Highway No. 660. 2. That no dwelling house or commercial )uilding having a value of less than Three Thousand Dollars ($3,000.00) shall be erected or maintained thereon. g i i 3. That no dwelling house or commercial building having a foundation area of K less t3an 525 square feet shall be erected or maintained thereon. I 4. That no trailer or house trailer, regardless of value, shall be permanently ; i parked, installed or maintainer. Liereon. This conveyance is made subject to all rights of way, easements, covenants, restrictions and reservations within the chain of tif.e anroberwise appertaining thereto. f Reference is hereby made to the abovementioned deeds and records and to the i references therein referred to for a more particular description of the real estate zerein conveyer and for further derivation of title. I WITNESS the following signatures and seals: i i C��(SEAL) 9KCE A. PAINTER J+'/ c-L�A� (SEAL) SHIRLEY . FAINTER I COMMO"-W aALTH OF VIRGINIA AT LARGE COUNTY/CM&OF SHDWWAii , TO -WIT: The foregoing instrument was acknow_edged before me this 1�_ day of f -September 2006, by Bruce A. Painter and Shirley W. Painter, husband ane. I' wife. My commission expires October 31, 2008 NOTARY PUBLIC VIRGINIA: FREDERICK COUNTY-S'. This instrument of writing was produced to me oII .�� ar 00 b at is o p anJ �+ith cerlilieatr acknu+rledcemcnt thereto annexed was admill- +d to rcrurd. -ras imposcd by Sec. 58.I-802 of and 58.I-801 have been paid, if assessable. 4e.0 a ,Clerk E s do Tax Map # 55A 12 & 55A 13 This document Prepared By Racey & Racey, Attorneys at Law Woodstock, VA 060016923 C5 Cri THIS DEED, Made and entered into this 3 1 " day of August 2006, by and between BRUCE A. PAINTER and SHIRLEY W. PAINTER, husband and wife, "GRANTORS"; and FRANKLIN K. MILLER and CANDY M. MILLER, husband and wife, of WITNESSETH: That for and in consideration of the principal sum of Two Hundred Twenty Thousand Dollars ($220,000.00), cash in hand paid, the receipt of which is hereby acknowledged, the said Grantors do hereby grant, bargain, sell and convey, with GENERAL WARRANTY AND ENGLISH COVENANTS OF TITLE, unto the Grantees, Franklin K. Miller and Candy M. Miller, husband and wife, as tenants by the entireties and not as tenants in common, with full common law rights of survivorship in the survivor as at common law (it being intended that the part of the one dying should then belong to the other, his or her heirs and assigns), all of those two certain lots of land, together with the improvements thereon and the rights, rights of way and appurtenances thereunto belonging, lying and being situate on the East side of Virginia State Highway No. 660, approximately three and one-half miles Northeast of the City of Winchester, in Stonewall Magisterial District, Frederick County, Virginia, designated as Lots No. 2 and No. 3, of the John M. Hepfer Subdivision No.1, a plat of which is of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 216, Page 588, and more particularly described as follows: Lot No. 2, fronting 100 feet on the East side of State Route No. 660, and extending back 456.6 feet on its northern boundary and 428.2 feet on its southern boundary with a width of 105.2 feet in the rear; and, Lot No. 3, fronting 100 feet on the East side of State Route No. 660, and extending back 486.4 feet on its northern boundary and 456.6 feet on its southern boundary, with a width of 105.2 feet in the rear. The above described and conveyed real estate is the same real estate conveyed to Bruce A. Painter and Shirley W. Painter, his wife, by deed from Osby C. Frazier and Shelby E. Frazier, his wife, dated September 5, 1964, of record in the aforesaid Clerk's Office in Deed Book 303, Page 85, This conveyance is made, however, subject to the following restrictions which are constituted covenants real running with the land. 1. That no dwelling house or other building shall be erected thereon nearer than 40 feet to the southeastern right of way line of said Highway No. 660. 2. That no dwelling house or commercial, )ui[ding having a value of less than Three Thousand Dollars ($3,000.00) shall be erected or maintained thereon. 3. That no dwelling house or commercial building having a foundation area of less flan 525 square feet shall be erected or maintained thereon. 4. That no trailer or house trailer, regardless of value, shall be permanently Parked, installed or maintainer. thereon. This conveyance is made subject to all rights of way, easements, covenants, restrictions and reservations within the chain of tife and of lerwise appertaining thereto. Reference is hereby made to the abovementioned deeds and records and to the references therein referred to for a more particular description of the real estate ;herein conveyed and for further derivation of title. -.1 WITNESS the following signatures and seals: _ (SEAL) BR"UCE A. PAINTER J+/- 46,4-�� - (SEAL) SHIRLEY . FAINTER COMMONW�ALTH OF VIRGINIA AT LARGE COUNTY/CMkOF SIIENA WAIT , TO -WIT: The foregoing instrument was a6mow:edged before me this Ist day of Se tember 2006, by Bruce A. Painter and Shirley W. Painter, husband anc. wife. My commission expires October 31 2008 L 0." ,a Ate,'. NOTARY PUBLIC VIRGINIA: FREDERICK COUNTY.SC j4 0 �� Ar This instrument of writing was produced to me on %0 xCk at d and with certificate .icknt)Wie(i,,cmcnt ihcreto annexe was adlilitt.d to rctur�i. 'I'as Imposed by Sec. 58.I-802 of $IM,and 58.1-Sil1 have been paid, if assessable. Clerk NOTES: 1. FREDERICK COUNTY TAX MAP: 55A-1-3. 2. NO TITLE REPORT FURNISHED, EASEMENTS AND/OR OTHER ENCUMBRANCES OF RECORD MAY EXIST WHICH ARE NOT SHOWN HEREON. 3. THIS PLAT IS THE RESULT OF A CURRENT FIELD SURVEY. 4. VERTICAL DATUM IS ASSUMED. �PLT H OF V l,Q � c BENJAMIN C. f D MONTGOMERY p LiC. No. 30342 c� �SSIONA L N N N 55— A-136 PROPERTIES & RENTALS, INC. _- D.B. 591, PG. 630 216 00 PROPOSED DRAINFIELD EASEMENT --" 633 LOT R=11,479.16'� N28'18'04"E- A=95.09' 4.55' ROUTE 660 WOODS MILL ROAD 40' R/W (D.B. 251, PG. 162) GRAPHIC SCALE 0 25 50 100 1 inch = 50 ft. PROPOSED D/W EXISTING STRUCTURES TO BE REMOVED EXISTING ASPHALT D/W GRADING PLAN LOT 3 JOHN M. HEWER'S SUBDIVISION NO. 1 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" = 50' DATE: JUNE 11, 2007 P'rA MONTGOMERY effOffeer«y orroupo Alle. 180-9 Prosperity Dr. (540) 450-3236 VOICE Winchester, VA 22602il www.MEGinc.biz (540) 450 3235 FAX JOB # 07-012 )t C� J COUNTY of FREDERICK Department of Planning :and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING August 7, 2007 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #08-07 OF FRANKLIN AND CANDY MILLER On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, August 21, 2007, 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 #08-07 of Franklin and Candy Miller for a 23.5 foot left yard variance, resulting in a 26.5 foot left yard setback, and a 17 foot right yard variance, resulting in a 33 foot right side setback, for the construction of a single family dwelling. This property is located on Woods Mill Road (Route 660) in John Hepfer's Subdivision No. 1, Lot 3, and is identified with Property Identification Number 55A-1-3 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. (;0ajwUA-) erely, Lauren E. Krempa Planner I LEK/bad 107 North Dent Street, Suite 202 • Winchester, Virginia 22601-5000 4 f This is to certify tha the attached correspondence was mailed to the following on ,q from the Department of Planning and Development, Frederick County, Virginia: Franklin & Candy Miller 758 Woods Mill Rd. Stephenson, VA 22656 Jennings Homes, Inc. 196 Ruebuck Rd. Clearbrook, VA 22624 f Ronald Comer 743 Woods Mill Rd. Stephenson, VA 22656 Richard & Mary Ann Posey 776 Woods Mill Rd. Stephenson, VA 22656 JRW Properties & Rentals, Inc. 13 S. Loudoun St. Winchester, VA 22601 l Qaure-n E. kfenija, er I Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I, _ �� ; a Notary Public in and for the State and County aforesaid, do , reby certify that LaureME. Krempa, Planner I, for the D pai ment of Planning and Developr , whose name is signed to the foregoing, dated _ . , has personally appeared before me and acknowledged the same in my St to d County aforesaid. Given under my hand this—/,-& day of ,,PC My commission expires on�l_�/t�� NOTARY LI COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING July 3, 2007 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #08-07 OF FRANKLIN AND CANDY MILLER On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, July 17, 2007, 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 408-07 of Franklin and Candy Miller for a 23.5 foot left yard variance, resulting in a 26.5 foot left yard setback, and a 17 foot right yard variance, resulting in a 33 foot right side setback, for the construction of a single family dwelling. This property is located on Woods Mill Road (Route 660) in John Hepfer's Subdivision No. 1, Lot 3, and is identified with Property Identification Number 55A-1-3 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, 0 Lauren E. Krempa Planning Technician LEK/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 from the Department of Planning and Development, Frederick County, Virginia: 55A - 1- - 3- MILLER, FRANKLIN K MILLER, CANDY M 758 WOODS MILL RD STEPHENSON, VA 22656.2033 55 -7- - 3- i COMER, RONALD L 743 WOODS MILL RD STEPHENSON, VA 22656.2043 55A - 1- - 2- MILLER, FRANKLIN K MILLER, CANDY M 758 WOODS MILL RD STEPHENSON, VA 22656.2033 55A -1- - 4- POSEY, RICHARD A. & MARY ANN 776 WOODS MILL RD STEPHENSON, VA. 22656.2033 55 - A- -136- JRW PROPERTIES & RENTALS INC. 13 S LOUDOUN ST WINCHESTER, VA. 22601.4777 0 JJAA,!!!) Lauren E. Kre , PI g cian Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, do areby certify that auren E. Krempa, Planning Technician for the Department of Planni and Development, whose name is signed to the foregoing, dated '-) Z O -) , has personally appeared before me and acknowledged the same in my State dnd County aforesaid. Given under my hand this/ day of Q�,j My commission expires on , y ,3 ( c pd S LA01,za'd, �� NOTARY KBLItt/ `0 32>1 `r V A P-119N"n5 - 0 g—e-- 9 FkANKLLA) -*- eA1Qa y It- P I AJ W- s-5-4 - I- 3 In 13. Additional comments, if any: *ARBARA-DATA PROCESSING FROW BEV - Planning Dept. Please print sets of labels by L � NKS> 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 Address l3 S - L.',8 n Pro #�`. - perty I Dom. !a Is �ank1� L . (,omw- i1 Address -143 uax�s ifn\1 Property ID# �-53 Address,--),-)(,, �1.O v,Son VA Sl► P 1D # flit,, Address -1t16 1JtwfaS rn.� ��. JTx��anso-, YA aa,� % Property I D # SS A - I-'1 Address ; Property ID # - - 4 Address 13 sL Lk C1 d c l V\ Property ID # -� - Address Property ID # ' IN RM, P !ry -Or5w.. I _ N 6 lv 0 )` WBARBARA-DATA PROCESSING L VFROM: BEV - Planning Dept. Please print sets of labels by 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 Address 3 S, LbONei �t' chus� 401 Pro ID # , la - ( '1 Comex- Address -143 k)OD�5 Property ID # Address "li, $Ord r,\ J1! P y ID# Address 7�8 lJ��s frl. ��.�,e�sYA 2��S10 Property ID # Address W o0dVb I Property ID # SSk - 4 F Address pLA_ cl a ck.V\ S-j- Property ID # �� Address Property ID # ffl N DEPT. OF. GEOGRAPHIC INFORNMTIO FR7EDERICK COUNTY, VIRGIN-, w GIS, MAPPE%. GRAPHICS WORK REQUEST S DATE RECEIVED: & O" REQUESTED REQUESTING AGENT: Department, Agency, or Company:_ Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROJECT: DESCRIPTION OF REQUEST: (Write � 0/--0/ — 11h BPS - !N * '6-5-4 l r- l ON DATE: FAX: 9z� FkAf J VU-W * d �-,Y Pt «ACA to w w 5-s-q --/'-� DIGITAL: PAPER FAX: SEES: COLOR:. BLACKJWHF E: NUMBER OF COPIES: STAFF MEMBER HOURS REQUIRED: COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: AMOUNT PAID: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 August 22, 2007 Randy Stowers Montgomery Engineering Group 180-9 Prosperity Dr. Winchester, VA 22602 RE: VARIANCE REQUEST #08-07 FOR FRANKLIN AND CANDY MILLER Dear Mr. Stowers: This letter is to confirm that the above -referenced application was approved by the Board of Zoning Appeals at their meeting on August 21, 2007. The request on parcel bearing Property Identification Number 55A-1-3 was for a 23.5 foot left yard variance, resulting in a 26.5 foot left yard setback and a 17 foot right yard variance, resulting in a 33 foot right side setback. The property is located on Woods Mill Road (Route 660) in John Hepfer's Subdivision No 1, Lot 3, in the Stonewall Magisterial District. If you have any questions regarding this action, please feel free to call this office. Sincerely, Mark R. Cheran Zoning Administrator MRC/bad cc: Xanklin and Candy Miller, 745 Woods Mill Rd., Stephenson, VA 22656 Jane Anderson, Real Estate John Trenary, Inspections 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning & Development �w3 +rr V7 410 +� r 0&22;200 '1114d From 22601 US POSTAGE RETURN TO SENr:)r: ? DELIVERABLE AS ADDRESSED UNAMLM TO FORWARD 01-500099 *3017--04703-22--09 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Franklin & Candy Miller 758 Woods Mill Rd. Stephenson, VA 22656 AUG 2 4 2'Xi r�•:��IT1T� jyy� i1L ti A 016H26508243 $ 00.410 08/13/2007 Mailed From 22601 US POSTAGE 1 A A Y / t G/^ -7 NIXIE 201 DC i 00 09/22/07 RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD BC: 22601500099 *0017-10003-13-40 AGENDA FREDERICK COUNTY BOARD OF ZONING APPEALS The Board Room Frederick County Administration Building 107 N. Kent Street Winchester, Virginia August 21, 2007 3:25 p.m. CALL TO ORDER 1) Determination of a Quorum 2) Minutes of July 17, 2007 PUBLIC HEARING 3) Variance Request #08-07 of Franklin and Candy Miller for a 23.5 foot left yard variance, resulting in a 26.5 foot left yard setback, and a 17 foot right yard variance, resulting in I. a 33 foot right side setback, for the construction of a single family dwelling. This property is located on Woods Mill R6ad.(Route.660).in John.Hepfer's Subdivision No. 1', Lot 3and is identified with.Property.� Identification Number.55A=1-3 in. -the Stonewall: Magisterial District. 4) Variance Request 410-01 of Jeffery Neff fora 19 foot side yard variance on both sides, resulting in side yard setbacks of 31 feet. This property is located in Lone Oak Subdivision, Lot 38, Block A, on the southern side of Virginia Drive (Route 710), and is identified by Property Identification Number 8613-4-A-38 in the Opequon Magisterial District. 5) Variance Request #11-07 of James Marlow, submitted by Richard Marlow, for a 63.4 foot rear yard variance, resulting in a rear yard setback of 36.6 feet. This property is located off of Wardensville Grade (Route 608), on Gobblers Knob Lane, Lot 15, and is identified by Property Identification Number 51-A-78A in the Back Creek Magisterial District. 6) Variance Request #12-07 of Eagle Place Ind., Inc., for a 14 foot rear yard variance, resulting in a rear yard setback of 11 feet, for the construction of a wooden deck. This property is located on Purcell Lane (Route 721), and is identified by Property Identification Number 53A-A-109 in the Stonewall Magisterial District:._ 7) Variance Request #13-07 of Eagle Place Ind., Inc., for a 14 foot rear yard variance, resulting in.a rear yard setback of 11 feet, for; the construction of a. wooden. deck. This property is located'on Purcell Lane (R6u& 21); arid-is'identified by� PropertyIdentification Number 53A=A-1 11 in the Stonewall Magisterial District. 8) Variance Request #14-07 of C. Robert and Barbara Kidwell, submitted by Chris Boyce, for a 20 foot front yard variance, resulting in a front yard setback of 40 feet, and a 34 foot variance on each side, resulting in a side yard variance of 16 feet on each side, for the construction of a single family dwelling. This property is located on Fries Lane, Lot 13 — Dunbar, and is identified by Property Identification Number 42-A-114 in the Gainesboro Magisterial District. 10) Variance Request #15-07 of Jeremy and Deborah Kidwell, submitted by Chris Boyce, for a 40 foot front yard variance, resulting in a front yard setback of 20 feet, and a 36 foot variance on each side, resulting in a side yard variance of 14 feet on each side, for the construction of a single family dwelling. This property is located on Dunbar Lane, Lot 16, and is identified by Property Identification Number 42-A-117 in the Gainesboro Magisterial District. 11) Other VARIANCE APPLICATION 408-07 FRANKLIN ANDCANDY MILLER ' Staff Report for the Board of Zoning Appeals Prepared: August 3, 2007 Staff Contact: 'Lauren E: Krempa, Planner I This report is prepared by the Frederick County Planning Staff to provide information to the Board of Zoning Appeals to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. BOARD OF ZONING APPEALS HEARING DATE: July 17, 2007 — Action Tabled, Applicant Not Present August 21, 2007 — Action Pending LOCATION: Woods Mill Road (Route 660) in John Hepfer's Subdivision No. 1, Lot 3 MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 55A-1-3 PROPERTY ZONING & USE: Zoned: Rural Areas (RA) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) South: RA (Rural Areas) East: RA (Rural Areas) West: RA (Rural Areas) Use: Residential Use: Residential Use: Agricultural Use: Residential VARIANCE REQUESTED: The applicant is requesting a 23.5 foot left yard variance, resulting in a 26.5 foot left yard setback, and a 17 foot right yard variance, resulting in a 33 foot right side setback, for the construction of a single family dwelling. REASON FOR VARIANCE: Exceptional narrowness of lot. Variance #08-07 — Franklin and Candy Miller August 3, 2007 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 feet for the fronts and 15 feet for the side yards. Frederick County amended its Ordinance in 1989 to change the A-2 zoning districts to the current RA (Rural Areas) Zoning District. The Frederick County Board of Supervisors amended the setbacks for the RA Zoning District on February 28, 2007 making the current setbacks for the property: 60 feet to the front, 100 feet to the rear, and 50 feet to both sides. Based on the narrowness of this lot, the applicant is requesting a 17 foot variance on the right side and a 23.5 foot variance on the left side in order to construct a single family dwelling. The current RA setbacks, if enforced, would eliminate a buildable area on this lot. If granted, this variance would result in new setbacks of 60 feet to the front, 100 feet to the rear, 26.5 feet on the left, and 33 feet on the right. This application was tabled at the July 17, 2007 meeting because the applicant was not present at the time of the public hearing. Therefore, it would be appropriate for the Board of Zoning Appeals to hold the public hearing for this application at their August 21, 2007 meeting. STAFF CONCLUSIONS FOR THE AUGUST 21, 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 23.5 foot left yard variance and a 17 foot right side variance in order to build a single family dwelling. Should this variance be granted, the building setbacks for this property would be 60 feet to the front, 100 feet to the rear, 26.5 feet on the left and 33 feet on the 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. COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING August 7, 2007 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #08-07 OF FRANKLIN AND CANDY MILLER On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, August 21, 2007, 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 #08-07 of Franklin and Candy Miller for a 23.5 foot left yard variance, resulting in a 26.5 foot left yard setback, and a 17 foot right yard variance, resulting in a 33 foot right side setback, for the construction of a single family dwelling. This property is located on Woods Mill Road (Route 660) in John Hepfer's Subdivision No. 1, Lot 3, and is identified with Property Identification Number 55A-1-3 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. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Franklin & Candy Miller 758 Woods Mill Rd. Stephenson, VA 22656 AUG 2 0 2007 . . .... ........ J Va I 016H26508243 Or $00-410 08/07/2007 Mailed From 22601 Us POSTAGE N I A I E 201 DC 1 00 08/16107 ........ ...... ---*E—T-UwN NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD SC: 2-2601S00092 13238 -- 12 1 S 6S6+20-3- ROCJi 2 1 1260 105000