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HomeMy WebLinkAbout11-07 James Marlow - Back Creek - BackfileI BOARD OF ZONING APPEALS Variance Request Tracking Sheet Date: Gj/,� % 0'' File opened 6 o?q Reference Manual updated/number assigned 1�Z -1o D-base updated C ��()' (o 1� 8-re=<� location map requested from GIS Two sets of labels requested from Data Processing a • 0File given to Renee' to update Application Action Summary 1. J MEETING DATE: I PO7 F INAL A TION: CLOSE OUT FILE: O'7 Approval (or denial) letter mailed to applicant/copy made for file q/6?1v 7 File stamped "approved", "denied" or "withdrawn" qlReference Manual updated / g110 Y f- D-base updated p File given to Renee' for final update to Application Action Summary �b 15q� U ev\C--1,Tracking sheets\BZA Tracking bz Revised OSR5/01 CC) LID Ln a 2i 0 ol DATE .._ --_—__ NO. s` 0 RECEIVED FROM ADDRESS DOLLARS $ ❑FOR RENT J FOR —. --- — BY AMT OF CASH ACCOUNT AMT. PAID ....- CHECK BALANCE MONEY DUE ORDER Mil CogI ILECOPY Y of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 September 19, 2007 Richard Marlow PO Box 190 Gore, VA 22637 RE: VARIANCE REQUEST 411-07 FOR JAMES MARLOW Dear Mr. Marlow: This letter is to confirm that the above -referenced application was approved by the Board of Zoning Appeals at their meeting on September 18, 2007. The request on parcel bearing Property Identification Number 51-A-78A was for a 63.4 foot rear yard variance, resulting in a 36.6 foot rear yard setback. The property is located off of Wardensville Grade (Route 608) on Gobblers Knob Lane, Lot 15, in the Back Creek 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: James Marlow, 561 Devland Dr., Winchester, VA 22603 Jane Anderson, Real Estate John Trenary, Inspections 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 VARIANCE APPLICATION #11-07 JAMES MARLOW Staff Report for the Board of Zoning Appeals Prepared: September 6, 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: August 21, 2007 — Tabled, no applicant present September 18, 2007 — Action Pending LOCATION: Off of Wardensville Grade (Route 608) on Gobblers Knob Lane, Lot 15 MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 51-A-78A PROPERTY ZONING & USE: Zoned: RA (Rural Areas) 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: Residential Use: Residential VARIANCE REQUESTED: The applicant is requesting a 63.4 foot rear yard variance resulting in a rear yard setback of 36.6, for the construction of a single family dwelling with a deck. REASON FOR VARIANCE: The current RA setbacks for this property yield a very small buildable area and due to the shape and topography of the site available construction sites are limited. Variance # 11-07, James Marlow September 6, 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) 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. This applicant is requesting a variance of 63.4 feet on the rear which would result in a rear yard setback of 36.6 feet for the construction of a single family dwelling with deck. The amended setbacks for this zoning district create a very small buildable area on this triangular lot and the sloping topography of the site renders the area provided by the current setbacks unusable. Therefore, this reduction of the current setbacks appears justified; however, staff would note that decks and other non -essential features are not typically considered a hardship and it may be appropriate for this applicant to remove the deck from the proposed building location dependant upon the public hearing for this request. STAFF CONCLUSIONS FOR THE SEPTEMBER 18, 2007 MEETING: The Code of Virginia 15.2-2209 (2), states that no variance shall be granted unless the application can meet the following requirements: 1) The strict application of the Ordinance will produce an undue hardship. 2) The hardship is not generally shared by the properties in the same zoning district and vicinity. 3) That the authorization of such variance will not be a substantial detriment to the adjacent property and the character of the district will not be changed by the variance. Should this variance be granted, the setbacks for this property would remain 60 feet from the front, 50 feet to the sides, and change to 36.6 feet on the rear. 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. 51 A 64C v LILLIS, MARY MEN q � QP / ` P6, 51 A 76 44, MARL W,JAMES MARLOW,JAMES 1\9a NGOC•HAN NGUYEN NGOC- AN NARLOW,JAMES Qa 51 A 78' LEIGHT, TERRY M i 51 A 79 r LEIGHT, TERRY M d EILEEN M 51 A 81 ADAMS, DARLENE LAHONDA PERRY, STUART A 84 \ STUARTMINC 51 A 85C RUCKMAN,ROBERTE Q Q b JQ�2 [Voo/ Farr) Ln 51 P . �NGS,��C �tHpM�NON 0 51 A 73 LATHAM LAND HOLDINGS, LLC It 2 \9P 6N , A� P06 GPR 51 242 3 PITCOCK, TRACY LYNN ' S1 F Tgo\NO ��G s �ptNPH`�'I'NO N0� Y i 7 Y 20 y O < B 0 1 1 %.1U %.J1 I%W XV \/V "IIL V � V 1 i Variance VAR # 11 - 07 Application James Marlow Parcel ID: 51-A-78A Location in the County Map Features O Hamlets - Application O Airport D Lakes/Ponds Streams Streets Primary ti Secondary '�- Tertiary Winchester Rds wS Urban Development Area d%P SWSA Z Q�OK r © Case Planner: Lauren Map Document: (N:\Planning_And_Development\ 1_Locator_Mps\JamesMarlow_VAR1107_062707.mxd) 6/27/2007 -- 2:06:16 PM 1- N-Skl . r)1r:- ,i _. _. Aerial Map Frederick County, VA Variance VAR # 11 - 07 Application James Marlow Parcel ID: 51 -A-78A Location in the Uunty Map Features 0 Hamlets - Application Airport O Lakes/Ponds -- Streams Streets Primary '�. Secondary Terciary Winchester Rds Urban Development Area ^► SWSA l Location in Surrounding Area Q,cK © Case Planner: Lauren Map Document: (N:\Planning_And_Development\ 1_Locator_Mps\JamesMarlow_VAR1107_062707.mxd) 6/27/2007 -- 2:06:16 PM • • APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA Variance Application No. j - o Submittal Date: o? Fee Paid: e�. initials: Sign Deposit L=e -OFFICE USE ONLY - Submittal Deadline: '7/a o 0 7 For the meeting of fi C;z 0 INK - PLEASE 1. The applicant is the owner other 2. APPLICANT: NAME: %CA) *c t"d M aR \ oW ADDRESS &T�'Qlc .1 C%- . TELEPHONE: Sob . (Check one) OCCUPANT: (if different) NAME: ADDRESS: TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): -'QA- So W -�Lwo 'appc-ox \.S MAe-S UN e_ \ oA kS \ o o o -�_-- OT-�_ 4. The property has a road frontage of 3.7(-• 1 feet and a depth of 2-5�- y� feet and consists of I, 3 c2- acres (please be exact). 2 • • 5. The property is owned by �, 2 me , yc - �U ���' \oyJ as evidenced by deed from recorded (previous owner) in deed book no. 5 GA on page of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: 7. Property Identification No.: S 1 A 8. The existing zoning of the property is: 9. The existing use of the property is: \less keN�z�- 10. Adjoining Property: USE ZONING North A,- p k East 2es;C South Wests:d�N 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.") 1\ �A,L.� GJ�ruC-4isce . 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 Due— -\-o Shapes a OA cG.htc COQ8 AiOUs c he- 0 e q 4 V Mov to f_G SA-VUCA Ure- vp ct;•� y k'(-cc_Vk60 • 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 56 1 Property I D # r Address ?:Lc) Property ID # S l \�OkA ( Address \ 1 ` A�=` t �e Property I D # Address Property I D # Address Property ID # Address Property ID # Address Property I D # z nj • 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. C�c3 a�c-h W FROM CWED)MAY 10 2007 17:07/5T.17:02/M- 7S00000199 P 1 syG- �22 7�8 r • AGREEMENT VARIANCE # li 0 7 (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) dayprior 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 APPLI DATE SIGNATURE OF OWNER BZA PUBLIC HEARING OF :��/ APP OVAL DENIAL than applicant) -OFFICE USE ONLY- 0/, "-, - DATE - SIG DATE: M DATES`%� 7 NOTES 1) CONTOURS TAKEN FROM FREDERICK COUNTY GIS DATA.. 2) NO TITLE REPORT FURNISHED. EASEMENTS AND/OR OTHER ENCUMBRANCES OF RECORD MAY EXIST WHICH ARE NOT SHOWN HEREON. r 51- A-76 N M ARLOW •--,., r NGU`� NGOC-HAN r JAMES E. Sc , _ r 4.401 ACRES -. J ,`\\ ,__ 940----___ 'ZONE. 1357 �51 - _ _j S62'34120 INST. '` o ----- r1 M a N Q M IN uj r _ - ---- 501 BRL 3 in•Q N N %UJI 77 (n ECKL0Q z IN IN q� q \ ` IA III ui `` O % �\ ` �'�51—A-78A \0 ,N ``\ 2 9s 1.312 ACRES \ Q , w (n N Q `mot III 0' 0 \ 51-A-78 \`\ \ I v C) r r ` \ \� Q'(n Q W N \ \ r I TERRY M. LEIGHT `��9>0 `\ \ I z 8.95 ACRES -�•� `.� `•�� `\ \ `1 M o \ ZONE: RA------ ' ''\ ``\ �°8 in N 1. `\ D.B. 630. PG. 569 _ �`' ` _N `\ 9es\ 'to`� 990, r I I I I I t ::.0��- tt EXHIBIT SHOWING yzH 0 PROPOSED HOUSE LOCATION ON o r TAX MAP PARCEL 51-A-78A O Y A STOAERS BACK CREEK MAGISTERIAL DISTRICT N0. 002342 FREDERICK COUNTY. VIRGINIA SCALE: 1" = 50' DATE: MAY 30, 2007 MONTGOMERY 9lljAleer«rg group, AMC. 180-9 Prosperity Dr. (540) 450-3236 VOICE Winchester, VA 22602 www.MEGinc.biz (540) 450-3235 FAX JunII24 2007 2:29PM 0 �f 5408 3028 p.1 bM 02601 Q X— to THIS DEED, made and dated this 14th day of_February , 2002, by and between JEFFREY S. DAVIS, married, Grantor, hereinafter called the party of the first part; and JAMES E. MARLOW and NGOC-HAN N. MARLOW, Grantees, hereinafter called the parties of the second part. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid by the parties of the second part to the party of the first part, and other good and valuable consideration, the receipt of which is hereby acknowledged, the said party of the . first part does hereby bargain, sell, grant, and convey with general warranty and with English covenants of title unto the Grantees herein, in fee simple, jointly, as tenants by the entirety with the common law right of survivorship, the following real estate, subject to all easements and legally enforceable restrictions and reservations of record affecting such realty: All of that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, lying and being situate in Back Creek Magisterial District, Frederick County, Virginia, beginning at a point on the west side of the existing roadway, as shown on the survey of Charles Kirkland, C.L.S., dated September 29, 1975, and of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 450, at Page 634; and running with that roadway from the land of Fishback to the other land of Fishback, then running in a Northeasterly direction along the lands of Fishback and the Shenandoah Land Company to the other lands of Fishback, then in a Northwesterly direction to the point of beginning. The property conveyed herein contains that land east of the line herein described to the lands of Fishback and the lands now, or formerly, owned by Shenandoah Land Company as shown on the aforesaid survey. AND BEING the same land conveyed to the Grantor herein by Deed dated August 8, 1983, and recorded in the aforesaid Clerk's Office in Deed Book 569, at Page 364. This conveyance is made expressly subject to all restrictions, covenants and easements now of record on said property as the same may lawfully apply. WITNESS the following, signature and seal: Jun 24 2007 2:29PM nj 5408773028 _ p.2 THOMAS N. ROCKWOOD N TT -HET AT WW W/NCHMIR. TTRUINIA COMMONWEALTH OF VIRGIMA, O t.D CITY/UUIlf W OF WINCHESTER , to -wit: 1, Hattie L. Palmr a Notary Public in and for the State and County/City aforesaid, do hereby certify that Jeffrey S. Davis, whose name is signed to the foregoing Deed dated February 14 , 2002, has this day personally appeared and acknowledged the same before me in my State and County/City aforesaid. My commission expires July 31, 2005 Given under my hand this 14th day of February 2002. l,► R.I. W.'riol- � u �-4 VIRGITNIA: FRErJERICK COUN7y, SCT. 7116 instrument of writing was produced to me on id? 6i i I t of aci:.�aowie Was xal:t iittd c� c: dgen":'rat tht r•.10 11wexed r u.rd. Ta "TIPOsed by 5nc. 58,1-5G1 have been Maid, if assessable Clerk 2 �1pANf�tU t • COU8 JIVROICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 August 22, 2007 Richard Marlow PO Box 190 Gore, VA 22637 RE: VARIANCE REQUEST #11-07 FOR JAMES MARLOW Dear Mr. Marlow: The above -referenced application was tabled by the Board of Zoning Appeals at their meeting on August 21, 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 51-A-78A is for a 63.4 foot rear yard variance, resulting in a 36.6 foot rear yard setback. This request has been scheduled for the September 18, 2007 Board of Zoning Appeals meeting. If you have any questions regarding this action, please feel free to call this office. Sincerely, Af Mark R. Cheran Zoning and Subdivision Administrator MRC/bad cc: James Marlow, 561 Devland Dr., Winchester, VA 22603 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 0- VARIANCE APPLICATION #11-07 JAMES MARLOW Staff Report for the Board of Zoning Appeals Prepared: August 6, 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: August 21, 2007 - Action Pending LOCATION: Off of Wardensville Grade (Route 608) on Gobblers Knob Lane, Lot 15 MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 51-A-78A PROPERTY ZONING & USE: Zoned: RA (Rural Areas) 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: Residential Use: Residential VARIANCE REQUESTED: The applicant is requesting a 63.4 foot rear yard variance resulting in a rear yard setback of 36.6, for the construction of a single family dwelling with a deck. REASON FOR VARIANCE: The current RA setbacks for this property yield a very small buildable area and due to the shape and topography of the site available construction sites are limited. Variance #11-07, James Marlow August 6, 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) 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 snaking the current setbacks for the property: 60 feet to the front, 100 feet to the rear, and 50 feet to both sides. This applicant is requesting a variance of 63.4 feet on the rear which would result in a rear yard setback of 36.6 feet for the construction of a single family dwelling with deck. The amended setbacks for this zoning district create a very small buildable area on this triangular lot and the sloping topography of the site renders the area provided by the current setbacks unusable. Therefore, this reduction of the current setbacks appears justified; however, staff would note that decks and other non -essential features are not typically considered a hardship and it may be appropriate for this applicant to remove the deck from the proposed building location dependant upon the public hearing for this request. STAFF CONCLUSIONS FOR THE AUGUST 21, 2007 MEETING:_ The Code of Virginia 15.2-2209 (2), states that no variance shall be granted unless the application can meet the following requirements: 1) The strict application of the Ordinance will produce an undue hardship. 2) The hardship is not generally shared by the properties in the same zoning district and vicinity. 3) That the authorization of such variance will not be a substantial detriment to the adjacent property and the character of the district will not be changed by the variance. Should this variance be granted, the setbacks for this property would remain 60 feet from the front, 50 feet to the sides, and change to 36.6 feet on the rear. 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. NOTES: 1) CONTOURS TAKEN FROM FREDERICK COUNTY GIS DATA.. 2) NO TITLE REPORT FURNISHED. EASEMENTS AND/OR OTHER ENCUMBRANCES OF RECORD MAY EXIST WHICH ARE NOT SHOWN HEREON. 51-A-76 E gr NGOC-HAN NGUYEN MARLOW JAMES r,- 4.401 ACRES ��-940___----''r ZONE. RA C ,r " INST. #0100011357 S62 34 20 E rr Un rrr"~f .�Dch f ii� OD O? J \7--� r 50'i BRL { I 1 �/ it 1 60~ t //} Li •� o. t � i � e` e J t f 51-A-78 TERRY M. LEIGHT 8.95 ACRES ZONE: RA--------'`r D.B. 630. PG. 569 I ! 1 I I { / { I { t I t i t t t t t \ t t t t \ \ t \ l { { { t o U) Q (0 L'j O L0ZNO00```e`e`e I N z4k e `e CN wpv� V) `\ (V = Z Cp Q 4bl5 ` � Lf) `\t ( \ \t !f Ld �� OtS' O tit t\ �',51-A-78A 0 ,N `96$y 1.312 ACRES\ `\,< J w Q N ` O . � \\ \\`\ Q Cn Q �j NO g->Oe\'`` \`\\ \\\\\ I Y O LO c�3 LO V) ti Z \ n \ tog --r-.'9 90, 36.6' PECK N t 41.4' t 1 t t t EXHIBIT SHOWING ��I,TH 0 PROPOSED HOUSE LOCATION - -- - TAX MAP PARCEL / 51-A-78A Y A. STOWERS y BACK CREEK MAGISTERIAL DISTRICT No. 002342 FREDERICK COUNTY, VIRGINIA ��.��D_a� SCALE: 1" = 50' DATE: MAY 30, 2007 l o¢ MONTGOMERY WR eilg«reerilrg $romp. ,one. 180-9 Prosperity Dr. (540) 450-3236 VOICE Winchester, VA 22602 www. M EG i nc. biz (540) 450 3235 FAX JOB # 07-063 NOTES: 1) CONTOURS TAKEN FROM FREDERICK COUNTY GIS DATA.. 2) NO TITLE REPORT FURNISHED. EASEMENTS AND/OR OTHER ENCUMBRANCES OF RECORD MAY EXIST WHICH ARE NOT SHOWN HEREON. 51-A-76 -_.. NGUYEN MARLOW ► ' JAMES E• g� NGOC- HAN - 4.401 ACRES -. r 940 ' ---'� ZONE RA p10001357 _i r , 20'IINST. # - -,�- --__ Vi �. -'f S62'34 _E - o _ <W ----- \--- 1< i 501 BRL ; ,' � -/"_ O . .�3..,,., z L0 o o �`, �`. fV % i 36.6' cV —' D EtK ► c3` 1O. ly �� i � ► 1 (0 Q i /�1- 51 - TERRY M. LEIGHT 8.95 ACRES ZONE: RA- ----'- D.B. 630. PG. 569 i I _ _ I � 1 j i 1 / 1 � ► 1 ► 1 � � J 1 ► � 1 1 1 1 1 i i 1 i 1 O� S� ,O 96, ,51-A-78A 96s 1.312 ACRES r 1 i 1 1 1 1 1 1 1 1 \990, v t N .\ o O \ c<0—jwQN of0t o `\ Q (n Q LLJ N \ �YCO O z \ Q � \ \ EXHIBIT SHOWING tiTH OF PROPOSED HOUSE LOCATION ON TAX MAP PARCEL 51-A-78A Y A. STOWERS y BACK CREEK MAGISTERIAL DISTRICT No. 002342 FREDERICK COUNTY, \VIRGINIA SCALE: 1" = 50' DATE: MAY 30, 2007 os-= AL MONTGOMERY &girrmixg $romp, Affe. 180-9 Prosperity Dr. (540) 450-3236 VOICE Winchester, VA 22602 www.MEGinc.biz (540) 450 3235 FAX JOB # 07-063 � � ';� ;��'� 1dfi � y� ''Sz v` � (� r.t �,�MF� •`'. 5 t '� �� fI $��� ' "1` ���p3• '` .� . ?vl?i a r! ♦ar. `•.•. •�i'•►.. a.fC� LA..t{r _ ',,�,,� > yir N� ��t' � =�'' ' as �i .,I ► � Y 7 xw. .,. -- , • 1 :r I 4, j sYi f 'te a dY q i4. K�" �Y �bE-s*a�. ,r`•a. �„tr, is � r�bp r� wt O - � � �� � +'. :. � ,mot �..: ...✓ •.. 1 v _;mow^..�__•._ .. -. -._... -. -_. - _ . 5 ` � �. � • n - C c �w.. 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Fri^- L � �"'-, y'' �'o• � . 10 4 'y`s�i r.•1��' ' y ` A �r�' tr. '�.. •� s r'�,�s�, tad '+ � 1 � �►`�a� L 9 1., rr`+ 1 ►. { � 1l'�° �� v.1 .« N- i .yam •. �� M �4*, t r���`� :!�k � � S 1,� '.i • Y •/ W i1s� .. ~ y '.,Or t A. i .r r'/ „i-'� '�'7 1•+ :all}:>!! �V •,��. �° � � is .• ' f% 7l Z a. tp Z-4 st A , etl jj"i 40C er e \7� 7V n At .y a roj i kk 37, f i. In � � � :'ta` 11 i - 7i .,� .-'i-~` All '-ar� .~�• - > " ' �� ` j .. ���-•`J^ice , � \ ._ 0 0 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 #11-07 OF JAMES MARLOW 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 #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 Globbers Knob Lane, Lot 15, and is identified by Property Identification Number 51-A-78A 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. Sc rely, { caw Lauren E. Krempa Planner I 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: A.. 78-A- MARLOW, JAMES E & NGOC-HAN N 561 DEVLAND DR WINCHESTER,VA 22603 Richard Marlow PO Box 190 Gore, VA 22637 51 -A. - 76-A DONOHOE, DAVID A DONOHOE, KRISTY L 220 GOBBLERS KNOB LN WINCHESTER, VA 22602.2177 51-A.-73. LATHAM LAND HOLDINGS, LLC 113 N BAILEY LN PURCELVILLE, VA 20132.3085 51 - A- - 78- LEIGHT, TERRY M 1001 WARDENSVILLE GR WINCHESTER, VA 22602.2060 I , Lauren E. Krempa, P artier I Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I, Notary Public in and for the State and County aforesaid, do ereby certify that Lauren Krempa, Planner I, for the De artrnent of Planning 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 My commission expires or 1. It L NOTARY P LIC �r9e / ^APBARA-0ATA PROCESS FROM:BPlanning EV -PROCESSING Dept. Please print -.;Z_ X sets of lab _ _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: AIAMF Address 5� 1>�� 1�� cic-�v� VJ;�,c,i:;�; Pro ert I D # P y Address ZZC C1c�uFj�a4� �►� Property ID # e/ �a�A tUC Address 13 Property ID #`--- Address Property ID # Address Property ID # Address Property 1 D # Address Property ID # Fz we 114J _A57 PAV 13. Additional comments, if any: I 001. BARBARA,, FROM: 13EV - Planning bept. Sk�N6 Please print -.:Z— sets of lab od HANKS! 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: MAMP 43 C, C:r__ vk Address Property ID # S k A -7 d Address 7-10 Property ID # K \_:a9 c-k -Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # F-*I COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING September 4, 2007 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST 411-07 OF JAMES MARLOW On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, September 18, 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 #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 Globbers Knob Lane, Lot 15, and is identified by Property Identification Number 51-A-78A 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. Si cerely, Lauren E. Krempa Planner I LEK/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to cc Jo at the attached correspondence was mailed to the following on P/ ` fiom the Department of Planning and Development, Frederick County, Virginia: ames & Ngoc-Han Marlow 161 Devland Dr. 1Vinchester, VA 22603 Richard Marlow PO Box 190 Gore, VA 22637 David & Kristy Donohoe 220 Gobblers Knob Ln. Winchester, VA 22602 Terry Leight 1001 Wardensville Gr. Winchester, VA 22602 VLauren E. empa, P ann r I Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I, Am. o , a Notary Public in and for the State and County aforesaid, do Ureby certify that LMien E. Krempa, Planner I, for the Department of Planning and Development, whose name is signed to the foregoing, dated �� b , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of i My commission expires on BEVERLY H. DELLINGER NOTARY ID # 331878 NOTARY PUBLIC COMMONWEALTH OF VIRGINIA N W S E REQUESTING AGENT; DEPT. OF. GEOGRAPIUC INFORMATI FREDERICK COUNTY, VERGJ GIS, MAPPING, GRAPHICS WORKREQUEST DATE RECEIVED: � .� `7 Z_o 7 REQUESTED COMPLETION DATE: 7 Lo�lk_ Department, Agency, or Company:_ Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROJECT: DESCRIPTION OF REQUEST: (Write additional i 04- 6 /)14"O5 DIGITAL: PAPER: SIZES: COLOR:. BLACKJWIRTE: STAFF MEMBER. - COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAY [E T: FAX: FAX: f I/i +t- 6-1-Iq-7&4 NUMBER OF COPIES: HOURS REQUIRED: AMOUNT PAID: CHECKNO-9 Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651)