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10-07 Jeffery Neff - Opequon - Backfile
BOARD OF ZONING APPEALS Variance Request Tracking Sheet Date: File opened r'O `" Reference Manual updated/number assigned S D-base updated moo`Qne43&W location map requested from GIS Ll .- Two sets of labels requested from Data Processing Ce �5O File given to Renee' to update Application Action Summary MEETING DATE: FINAL CTION: d -� g CLOSE OUT FILE: % Approval (or denial) letter mailed to applicant/copy made for file File stamped "approved", "denied" or "withdrawn". QReference Manual updated 9 U4 L07 D-base updated `g File given to Renee' for final update to Application Action Summary u:\Bev\Common\Tracking sheets\BZA Tracl ingIza Revised 05/25/01 r cre e1 DATE ` wo.7204 { �^ RECEIVED FROM ( 1 S co O N AD C/) l,t DOLLARS $. o "- PL, O r N ff ❑FOR REN' ❑FOR 4t1� GTC ���1 Sf.1 lC 0 rU ltNi71z��i. . AMT. OF CASH ACCOUNT AMT. PAID �'� CHECK BALANCE MONEY DUE ORDER V C a T['CC�� U DUCK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 August 22, 2007 Duane Brown Marsh & Legge 560 N. Loudoun St. Winchester, VA 22601 RE: VARIANCE REQUEST #10-07 FOR JEFFERY NEFF Dear Mr. Brown: 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 86B-4-A-38 was for a 19 foot side yard variance on both sides, resulting in a 31 foot side yard setback on both sides. The property is located in Lone Oak Subdivision, Lot 38, Block A, on the southern side of Virginia Drive (Route 710), in the Opequon Magisterial District. If you have any questions regarding this action, please feel free to call this office. Sincerely, 1`Olar . C eran Zoning Administrator MRC/bad cc: Jeffery Neff, 6095 Valley Pike, Stephens City, VA 22655 Jane Anderson, Real Estate John Trenary, Inspections 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 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: October 30, 2007 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 #10-07 for Jeffery Neff. 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: RSA/pd Marsh & Legge Land Surveyors 560 N. Loudoun Street Winchester, VA 22601 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Reviled MUM V) �o 0 Cq -6 FOR REN > > FOR oQ U &f,• Ig W PAID A F . T' I 9-j!i� � .tro I :� All, 1 L t FREDERICK COUNTYX R E C E I P T C.. WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22604-0225 SIGN DEPOSITS PLANNING PLANNING 6/25/2007 Ticket #:00005760001 Date 6/26/2007 Register:. LJT/LJ #. Dents# 109530 Acct# . . Previous Balance $ 100.00 Principal Being Paid $ 100.00 Penalt $ .00 Interes $ .00 Amount Paid $ 100.00 *Balance Due $ .00 Pd by PLANNING 6/25/2007 Check 7250.00 # VARIOUS BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 02007 VARIANCE APPLICATION #10-07 JEFFERY NEFF Staff Report for the Board of Zoning Appeals Prepared: August 3, 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 Tabled, Undetermined House Location August 21, 2007 — Action Pending LOCATION: Lone Oak Subdivision, Lot 38, Block A, on the southern side of Virginia Drive (Route 710) MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 86B-4-A-38 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 19 foot side yard variance on both sides, which would result in a 31 foot side yard setback on both sides, for the construction of a 5202 single family dwelling. This is an increased request from the July 17, 2007 meeting where the applicant originally applied for a 35 foot reduced setback on both sides. 0 Variance #10-07, Jeffery Neff August 3, 2007 Page 2 REASON FOR VARIANCE: Current setbacks for the property result in a small buildable area on the property. 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. With the current setbacks, this property does have a buildable area of 25 feet by 85 feet which would allow for a house to be built on the property. The applicant has amended the originally requested reduced setbacks in order to now build a 1,710 square foot house (slightly larger than the originally requested dwelling on the original application). The proposed dwelling could be reoriented on the property and reduced slightly in size in order to meet the requirements of the current RA setbacks or to reduce the needed variance. Staff feels that if a variance request is necessary due to the narrow buildable area provided by the current setbacks, the request should keep in character with the current neighborhood. Staff would note that while several of the homes in this neighborhood are located closer to the side property lines, the majority of the homes are small, one story structures typically around 1,200 square feet and it would be in keeping with the character of the existing development for this applicant to construct a similar dwelling. Therefore, this variance, as requested, may not meet the requirements for a variance under the Code of Virginia. 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. Variance #10-07, Jeffery Neff August 3, 2007 Page 3 Staff would assert that a primary residential structure, of a comparable size to those existing in the development, could be built on the property with application of the current RA setbacks and, therefore, would recommend denial of this variance application based upon the above requirements of the Code of Virginia. 96B 1 A 8 PO F 6 BSb A9fl BB fps `S� 4961E O �N ✓ 7a e�p' 9!O qq9�`' L F B `�� Gyc �sA NFgrHF OgOpe°m 9 �9c Oy e s glCo nOGq °yy e°a 0F!♦iPd q0i" q!F .919 P �0p OqG sp J�GF B troy C9q ! C ! JJ Q�C 9 pG 9q'!'�SO C 04. +L.yq Sy s OOy 0 0? OS B6 C9g0 Oq d l�yC h e !F O,yCq 91p,9 l9Se `� gC99J ?iygq 9`�oy lFgO< FqF as by 90�> �t py CSB 'L,9� O qp0�- o,PF e°O O ter pldS pFy �� F, p q r 9y �! bSq� yF`L 09y% w, oy 0,y9�A 9q 96B 1 B 5A 9 NANCY G Bi DAMES R 0'sq HUFFMAN, y 8p 0 d q!`cS �� 9 A•'B 9 pq y` F ma 0 y9,n u oy % OF 0 A 0 40 Og9q c0 9q0! �j� �O l��Fie'2i LC G�9F, ti \PN�) C lJyj pP V �. ,TB oyc q9 PO�y? C,P q9 SS6 ZF FS IV Bb0 SSE hjOq SIB 4aPQ� Oq ee 09q vq! p o!A 'Iled qF `d'!,S yC 0 ogcy9gl�O BC9g01 OG5 FSR9v C 86 A 229 E R NEFF EXCAVATING, INC r% O C9 G 9L o!2 �• C �U yti9 r w� 86 A 230 GORE, FRED B ET ALS 86 A 228 WHITE, H. WAYNE & JEWELL B. 86 A 230A GORE, JEFFE RV M 8 JOSEPH F O Frederick County, VA Variance VAR# 10-07 Application Jeffery Neff Parcel ID: e 86B-4-A-38 Location in the Lounty Map Features C Hamlets 0 Application _ Airport id Lakes/Ponds --- Streams Streets Primary '�. Secondary '�- Terciary Winchester Rds �• Urban Development Area di SWSA C Lone OS 0 Canterbury Location in Surrounding Area �K p © Case Planner: Lauren Map Document: (N:\Planning_And_Development\ 1_Locator_Mps\JefferyNeff_VAR1007_062707.mxd) 6/27/2007 -- 1:25:15 PM Frederick County, VA Ir / Variance VAR 10-07 A ; Application ,� t , ' ' • - `��' Jeffery Neff Parcel ID: 86B-4-A-38 01 Location in the Gounty t AA 1 0 .4$t Map Features O Hamlets - r Q Application I Airport _t O Lakes/Ponds Streams Streets �.. Primary ^. Secondary ti Terciary Winchester Rds O Urban Development Area SWSA G6 0 A o Canterbury Location in Surrounding Area LK © Case Planner: Lauren (/ Map Document: (N:\Planning_And_Development\ 1_Locator_MpsuefferyNeff_VAR1007_062707.mxd) 6/27/2007 -- 1:25:15 PM M APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT I . The applicant is the owner _ x other . (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: Jeffery A. Neff NAME: ADDRESS_ 6095 Valley Pike ADDRESS: Stephens City, VA 22655 TELEPHONE: (540) 869-1010 .. TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): Lot 38 is located in Block A, Section Four of Lone Oak Subdivision on the southern side of Va. Sec. Route 710 (Virginia Drive) approximately 530 feet northeast of the intersection of Virginia Drive and Va. Sec. Route 641 (Double Church Road). The property has a road frontage of 125 feet and a depth o'1 250 feet and consists of 0.72 acres (please be exact). M V13 • 5. The property is owned by Jeffery A. Neff as evidenced by deed from Mildred S. Neff recorded (previous owner) in d&9%bM Instrument no. 050022086 onxx of the deed books of the Cleric of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: Opequon 7. Property Identification No.: 86B-4-A-38 8. The existing zoning of the property is: RA 9. The existing use of the property is: Residential 10. Adjoining Property: USE ZONING North Residential RA East Residential RA South Residential RA West Residential RA 11. Describe the variance sought in terms of distance and type. (For example: "A 3.5' rear yard variance for an attached two -car garage.") A 20' reduction of left and right side vard setbacks from 50' to 30' to allow construction of a 1, 710, square foot,, one-story dwelling 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 Current zoning setbacks (60' from road right of way, 50' from side and 100' from rear) yield a very small unsuitable building site that is not in keeping with the adjacent residential dwellings in this subdivision. 7 0 13. Additional coimnents, if any: Dwelling on adjoining Lot 37 lies 32.81 from the east property line and 25.81 from the west property line 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 Dennis R. & Mary Jo Address 109 Vir inia Dr. Stephens City,VA 22655 Whitacre Property ID # 86B-4-B-28 Fred A. & Phyllis L. Wilson Address 107 Virginia Drive, Stephens City, VA 226 5 Property ID # Charles E. III & Carolyn G. Address 801 Wage Dr., SW, Leesburg, VA 20175 Newton Property ID # 86B-4-B-30 Lisa Frances Lacivita Address 110 Virginia Dr., Stephens City, VA 22655 Charles E. III & Carolyn G. Newton E. R. Neff Excavating, Inc. Property ID # 86B-4 A-37 Address 801 Wage Dr., SW, Leesburg, VA 20175 Property ID # 86B-4-A-39 Address P.O. Box 1027, Stephens City, - VA 22655 Property ID # 86-A-229 Address Property ID # VA. SEC. ROUTE 710 �VIRGINIA DRI VE) 60' R/W N 5525'10" E 725.00' PROPOSED SETBACKS (VARIANCE 60.0" 54.7' I REUUEST� I 933 32.8' �— EXISTING 30.0' DWELLING EXISTING o SETBACKS ( 65 5' 25.8 1 o I 30.0' I �PROPI o I GAR. o 0 31.0' 31.0' h I W 0 PROPOSED DWELLING 159.2' f1,710 SF 100.01 101. 0' LOT 39 I I ZOT 38 31,250 S0. FT. S 552510" W 125.00' VARIANCE REQUEST SIDE YARD SETBACK REDUCTION) PROPERTY OF ✓EFFERY A. NEFF Z ONE OAK SUBDI VISION - Z OT 38 - 5Z OCK A - SECTION FOUR OPEOUON MAGISTERIAZ DISTRICT, FREDERICK COUNTY, VIRGINIA LOT 37 I L OT 36 GRAPHIC SCALE 50' 0' 50' SCALE 1 " = 50' DRAWN BY: JTG I DWG NAME: ID7962-BZA I SHEET 1 OF 1 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET WINCHESTER, OIRGINIA 22601 PHONE (540) 667-0468 FAX (540) 667-0469 EMAIL office9mcrshcndlegge, com DATE: 08/01 /2007 SCALE: 1 " = 50' 0 • AGREEMENT VARIANCE # z :'® (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 terns 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 ire when this application is submitted must be placed at the fiont 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. 19.0-7 SIGNATURE OF OWNER (if other than applicant) -OFFICE USE ONLY- DATE BZA PUBLIC HEARING OF h ` 4 ACTION: ATE- g .).1/0.7 APPROVAL DENIAL SIGN BZ CHAIRMAN DATE: 10 i Frederick County Dept. of GIS Parcel Mapping Service For questions please contact the Frederick County Dept. of GIS at 540-66 5614 DRAFT 0 U] FREDERICK COUNTY, VIRGINIA S s. \ , z A1_ i 44, Frederick County Dept. of GIS For questions please contact the Frederick County Dept. of GIS at 540-665-5614 DRAFT Parcel Mapping Service U APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner x other . (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: Jeffery A. Neff NAME: ADDRESS 6095 Valley Pike ADDRESS: Stephens City, VA 22655 TELEPHONE: (540) 869-1010 TELEPHONE: 3. The property is located at (give exact directions and include State Route nuinbers): Lot 38 is located in Block A, Section Four of Lone Oak Subdivision on the southern side of Va. Sec. Route 710 (Virginia Drive) approximately 530 feet northeast of the intersection of Virginia Drive and Va. Sec. Route 641 (Double Church Road). 4. The property has a road frontage of 125 feet and a depth of 50 feet and consists of 0.72 acres (please be exact). [01 5. The property is owned by Jeffery A. Neff as evidenced by deed from Mildred S . Neff recorded (previous owner) in d&F&BS% Instrument no. 050022086 0nqmgr-x of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: Opequon 7. Property Identification No.: 86B-4-A-38 8. The existing zoning of the property is: RA 9. The existing use of the property is: Residential 10. Adjoining Property: USE ZONING North Residential RA East Residential RA South Residential RA West Residential RA 11. Describe the variance sought in terms of distance and type. (For example: "A 3.5' rear yard variance for an attached two -car garage.") A 15' reduction of left and right side yard setbacks from 50' to 35' to allow construction of a 52' x 32' dwelling 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 Current zoning setbacks (60' from road right of way, 50' from side and 100' from rear) yield a very small unsuitable building site that is not in keeping with the adjacent residential dwellings in this subdivision. 7 13. Additional coinments, if any: Dwelling on adjoining Lot 37 lies 32.8' from the east property line and 25.8' from the west property line 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: MIA Dennis R. & Mary Jo Whitacre Address 109 Virginia Dr. Stephens City, VA 22655 Property ID # 86B-4-B-28 Fred A. & Phyllis L. Wilson Address 107 Virginia Drive, Stephens City, VA 226 Property ID # Charles E. III & Carolyn G. Newton Address 801 Wage Dr., SW, Leesburg, VA 20175 Property ID # 86B-4-B-30 Lisa Frances Lacivita Address 110 Virginia Dr., Stephens City, VA 22655 Property ID # 86B-4-A-37 Charles E. III & Carolyn G. Newton Address 801 Wage Dr., SW, Leesburg, VA 20175 Property ID # P Y 86B-4-A-39 E. R. Neff Excavating, Inc. Address P.O. Box 1027, Stephens City, -VA 22655 Property ID # 86-A-229 Address Property ID # 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. 2 LOT 39 VA. SEC. ROUTE 710 (VIRGINIA DRIVE) 60' R/W N 5525'10"E 125.00' S 5525'10" W 125.00' EXISTING SITE CONDITIONS PROPERTY OF ✓EFFERY A. NEFF L ONE OAK SURDI VISION — L OT 39 — BL OCK A — SECTION FOUR OPEGUON MAGISTERIAL DISTRICT" FREDERICK COUNTY" �IRGINIA LOT 36 GRAPHIC SCALE 50' 0' 50' SCALE : 1 " = 50' DRAWN BY: JTG I DWG NAME: ID7962—BZA I SHEET 1 OF 1 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH L OUDOUN STREET WINCHESTER" WRGINIA 22601 PHONE (540) 667-0469 FAX (540) 667-0469 EMAIL officegs wrshand/egge, com DATE: 08/01 /2007 SCALE: 1 " = 50' VA. SEC. ROUTE 710 (VIRGINIA DRIVE) 60) R/W LOT 39 EXISTING SI TE CONDI TIONS PROPERTY OF JEFFERY A. NEFF LONE OAK SUEDI VISION — L OT 36 — BLOCK A — SECTION FOUR OPEOUON MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA LOT 36 GRAPHIC SCALE 50' 0' 50' SCALE : 1 " = 50' DRAWN BY: JTG I DWG NAME: ID7962—BZA I SHEET 1 OF 1 1 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH L 0000UN STREET WINCHESTER, WRGINIA 22601 PHONE (540) 667-0469 FAX (540) 667-0469 EMAIL office§mrshcndlegge. com DATE: 06/21 /2007 SCALE: 1 " = 50' R VA. SEC. ROUTE 710 (VIRGINIA DRI VE) 60' RAW PROPOSED SETBACKS (VARIANCE 60.0' 54.7' I REOUEST� 117. 0' 32. 6' EXISTING DWELLING EXISTING SETRACK5 I 35. 0' 25 8' 36.5' LOT 39 0' 100.0' II 36.5' 52 X32' DWELLING LOT 38 VARIANCE REQUEST SIDE YARD SETBACK REDUCTION) PROPERTY OF ✓EFFERY A. NEFF L ONE OAK SUSDI VISION - L OT 38 - 8L OCK A - SECTION FOUR OPEOUON MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA I I 159.2' I LOT 37 LOT 36 GRAPHIC SCALE 50' 0' 50' SCALE 1 " = 50' DRAWN BY: JTG I DWG NAME: ID7962-BZA I SHEET 1 OF 1 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 FAX (540) 667-0469 EMAIL office§kncrshandlegge. com DATE: 06/21 /2007 SCALE: 1" = 50' COm bf FRED 1 RIC K Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 July 19, 2007 Duane Brown Marsh & Legge 560 N. Loudoun St. Winchester, VA 22601 RE: VARIANCE REQUEST #10-07 FOR JEFFERY NEFF Dear Mr. Brown: 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 a house survey included with the application in order for the Board to render a decision. The request on parcel bearing Property Identification Number 86B-4-A-38 is for a 15 foot side yard variance on both sides, resulting in a 35 foot side yard setback on both sides 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, VarRd.CherZanI Zoning and Subdivision Administrator MRC/bad cc: Jeffery Neff, 6095 Valley Pike, Stephens City, VA 22655 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 VARIANCE APPLICATION #10-07 JEFFERY NEFF 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: Lone Oak Subdivision, Lot 38, Block A, on the southern side of Virginia Drive (Route 710) MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 86B-4-A-38 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 15 foot side yard variance on both sides, which would result in a 35 foot side yard setback on both sides, for the construction of a 52x32 single family dwelling. REASON FOR VARIANCE: Current setbacks for the property result in a small buildable area on the property. 0 Variance #10-07, Jeffery Neff 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. With the current setbacks, this property does have a buildable area of 25 feet by 85 feet which would allow for a house to be built on the property. The applicant has requested reduced setbacks in order to build a 52 foot by 32 foot house (1,664 square feet per level). The proposed dwelling could be reoriented on the property and reduced slightly in size in order to meet the requirements of the current RA setbacks. Staff would also note that the majority of the homes in this neighborhood are small, one story structures typically less than 2,000 square feet and it would be in keeping with the character of the existing development for this applicant to construct a similar dwelling. Therefore,, this variance request may not meet the requirements for a variance under the Code of Virginia. STAFF CONCLUSIONS FOR THE JULY 17, 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. Staff would assert that a primary residential structure, of a reasonable size, could be built on the property with application of the current RA setbacks and, therefore, would recommend denial of this variance application based upon the above requirements of the Code of Virginia. FREDERICK COUNTY, VIRGINIA ,r r Frederick County Dept. of GIS Parcel Mapping Service 3 �,'rv-..,•�R -� ..fir;(,. s For questions pplease contact the Frederick County Dept. of GIS at 540-665-5614 DRAFT • File #21058 SGB:bgm kn kn N N �Q �c > � � U Q � � v,> U M kn o ' C7 � ao E~ o w 0500220810, w W THIS DEED made and dated this 12th day of September, 2005, by and between LDRED S. NEFF, widow, party of the first part, hereinafter called the Grantor; and FFERY A. NEFF, party of the second part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby ]edged, the Grantor does hereby grant and convey, with general warranty of title, unto the , in fee simple absolute, A of hei right, title and interest in and to the following property: All of that certain lot or parcel of land situate in Opequon District, Frederick County, Virginia, designated 1438, Lone Oak Subdivision, Block A, Section Four, described by plat and survey of record in Deed Book 376 at Page 678 in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, and by plat and survey of Douglas C. Legge, L.S. dated September 20, 2005, attached hereto and made a part hereof; AND BEING the same land conveyed to Mildred S. Neff, widow, by Deed dated September 24, 2004, of record in the aforesaid Clerk's Office as Instrument No. 040020032 and devised to her by her husband, E. R. Neff, whose Will is of record in the aforesaid Clerk's Office as Will File 02-216. Reference is made to the afores.- 'd instruments for a more particular description of the property herein conveyed. Grantor further grants to Granter, his successors in interest and assigns, a perpetual drainfield easement of the use of Lot 38, for the installation, maintenance and repair of said drainfield over her remaining land as shown on the attached plat and survey. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property. The Grantor does hereby coveng.-t that she has the right to convey to the Grantee; that the Grantee shall have quiet and peaceable ;)ossession of the said property, free from all liens and encumbrances; and she Aif grant such further assurances of title as may be requisite. O W C.� WITNESS the following signature and seal: COMMO LTH OF VIRGINIA, AT -LARGE: CITY\\. OF r(C d ? ( r C 16 , to -wit: I, the undersigned, a Notary Public in and for the State and Jurisdiction aforesaid, do hereby certify that Mildred S. Neff, whose name is signed to the foregoing Deed dated the day of _S(�if , 2005, has personally appeared before me and acknowledged the same in my State and Jurisdiction aforesaid. GIVEN under my hand this day of2005. My Commission Expires: g �Q (SEAL. i otary Public W ; yo This document prepared by: Stephen G. Butler, Esquire KUYKENDALL, JOHNSTON, McKEE & BUTLER, P.L.C. 112 South Cameron Street P. O. Drawer 2097 Winchester, VA 22604 (540) 662-3486 0 0 VARIANCE REQUEST #10-07 OF JEFFERY NEFF STATEMENTS IN FAVOR OF VARIANCE .REQUEST 11 • • To: Frederick County Department of Planning We, STATEMENT OF FAVOR OF EXEMPTION TO BUILDING LINE RESTRICTION currently owning the property at f/ 7 U , Lone Oak Subdivision, Stephens City, Virginia hereby state that we are in favor of Jeffery A. Neff being granted an exemption to the new Frederick County building line restriction now in effect for his Lot 38 on Virginia Avenue, Lone Oak Subdivision. The new restrictions do not allow a home placed on that lot to be in conformance with existing homes in Lone Oak Subdivision. (Resident's Signature) (Resident's Signature) NOTARY CERTIFICATION: �24/-/ o% (Date Signed) ff L61c2 (Date Signed) I, Andrew W. White, notary for the county of Frederick, State of Virginia do hereby certify I witnessed the foregoing signatures on G. 2007. My Commission expires 07-Ji-o?0// . (Notary Signature = WCOMMUM ' '••�attH o� �.•. C. To: Frederick County Department of Planning STATEMENT OF FAVOR OF EXEMPTION TO BUILDING LINE RESTRICTION We, B bpi%ck.and Ad M4 D. Ara wrz currently owning the property at /D.3es f �S�r�� , Lone Oak Subdivision, Stephens City, Virginia hereby state that we are in favor of Jeffery A. Neff being granted an exemption to the new Frederick County building line restriction now in effect for his Lot 38 on Virginia Avenue, Lone Oak Subdivision. The new restrictions do not allow a home placed on that lot to be in conformance with existing homes in Lone Oak Subdivision. • 67—�2n��r r OD (Resident's Signature) (Date Signed) (Resi ent's Signature) NOTARY CERTIFICATION: G olo, moo, (Date Signed) I, Andrew W. White, notary for the county of Fred e ick, State of Virginia do hereby certify I witnessed the foregoing signatures on 2007. My Commission expires D7- • (Notary Sign e) • To: Frederick County Department of Planning STATEMENT OF FAVOR OF EXEMPTION TO BUILDING LINE RESTRICTION We, F2G�) -$ J;-. C., #2c D f m M 63le^ lg-✓ currently owning the property at I;- j- JA /Z/c / ti , 4 P2 , Lone Oak Subdivision, Stephens City, Virginia hereby state that we are in favor of Jeffery A. Neff being granted an exemption to the new Frederick County building line restriction now in effect for his Lot 38 on Virginia Avenue, Lone Oak Subdivision. The new restrictions do not allow a home placed on that lot to be in conformance with existing homes in Lone Oak Subdivision. (Reside t' 1 nature) !�-6-©? (Date Signed) (Resident's Signature) (Date Signed) NOTARY CERTIFICATION: I, Andrew W. White, notary for the county of Frede . k, State of Virginia do hereby certify I witnessed the foregoing signatures on -d 7 , 2007. My Commission expires 7-31 EW W. wormy% F BUC 709 • (Notary Signature) ' p' �n'COMMISS1 t, # EXPIRES0*-.713112011 Q �� 9 u • 0 To: Frederick County Department of Planning STATEMENT OF FAVOR OF EXEMPTION TO BUILDING LINE RESTRICTION We, 41(1, -r H e CtA e-r Po L-j c..r S currently owning the property at jl 1 I%rgf*,%: 4 Dr. , Lone Oak Subdivision, Stephens City, Virginia hereby state that we are in favor of Jeffery A. Neff being granted an exemption to the new Frederick County building line restriction now in effect for his Lot 38 on Virginia Avenue, Lone Oak Subdivision. The new restrictions do not allow a home placed on that lot to be in conformance with existing homes in Lone Oak Subdivision. (Resident's Signature) &/0" M(&" (Resident's Signature) NOTARY CERTIFICATION: ef6/a7 (Date Signed) 91616 (Date Signed) I, Andrew W. White, notary for the county of Fred ick, State of Virginia do hereby certify I witnessed the foregoing signatures o aG 7 2007. My Commission expires ©% (Notary Signatur 0 .�N � %%%, wy�T� 20Q' NUARY. '/9 • p 13LIC •• aEG��MM1SS10N = z ' � � ORES • ' 5",' 7131�20�1 .•��� 0NwEALSN001 0 C� 0 To: Frederick County Department of Planning Nacg; Piw0oseD (emsq_, !)' rnV'„r "Ur1 i� 0 TA, I STATEMENT OF FAVOR OF EXEMPTION TO BUILDING LINE RESTRICTION We, �Au L at 1157 Y i aL,, Orq (�J . tc-y vr� currently owning the property tie— , Lone Oak Subdivision, Stephens City, Virginia hereby state that we are in favor of Jeffery A. Neff being granted an exemption to the new Frederick County building line restriction now in effect for his Lot 38 on Virginia Avenue, Lone Oak Subdivision. The new restrictions do not allow a home placed on that lot to be in conformance with existing homes in Lone Oak Subdivision. A 2 s i&atureM ate Signed) A)� 4, 's Si ature) (Date Signed) NOTARY CERTIFICATION: I, Andrew W. White, notary for the county of Frede�Ik, State of Virginia do hereby certify I witnessed the foregoing signatures on D� 2007. My Commission expires • (Notary Signaturef #0111111 Ll • To: Frederick County Department of Planning W at STATEMENT OF FAVOR OF EXEMPTION TO BUILDING LINE RESTRICTION currently owning the property ision, Stephens City, Virginia hereby state that we are in favor of Jeffery A. Neff being granted an exemption to the new Frederick County building line restriction now in effect for his Lot 38 on Virginia Avenue, Lone Oak Subdivision. The new restrictions do not allow a home placed on that lot to be in conformance with existing homes in Lone Oak Subdivision. (Resident's Signature) (Date Signed) (Resident's Signature) (Date Signed) NOTARY CERTIFICATION: I, Andrew W. White, notary for the county of Frede 'ck, State of Virginia do hereby certify I witnessed the foregoing signatures on o2aa7 , 2007. My Commission expires O 7 67 44 WH/T Q ' PYN 'Q ., o b9/tom n Q z C,!; • 0 • To: Frederick County Department of Planning We, STATEMENT OF FAVOR OF EXEMPTION TO BUILDING LINE RESTRICTION currently owning the property ate U/ -!f Sf&ph�nis (; , Lone Oak Subdivision, Stephens City, Virginia hereby state that we are in favor of Jeffery A. Neff being granted an exemption to the new Frederick County building line restriction now in effect for his Lot 38 on Virginia Avenue, Lone Oak Subdivision. The new restrictions do not allow a home placed on that lot to be in conformance with existing homes in Lone Oak Subdivision. (Resident's Signa re (Resident's Sig a e) NOTARY CERTIFICATION: I, Andrew W. White, notary for the (Date Signed) oo I %,� /aJ 2 (Date Signed) county of Frede ' k, State of Virginia do hereby certify I witnessed the foregoing signatures on o 7 Commission expires d 7-S/- �2 ,IIIIIII#It#" �� �� ��•�' WHITE ✓R'��+. �z plsop •: yam: (Notary Signatur C • - �'' ��MONWEP�'�•�`. 2007. My i C� J • To: Frederick County Department of Planning We, STATEMENT OF FAVOR OF EXEMPTION TO BUILDING LINE RESTRICTION zL currently owning the property at Q' T i' Lone Oak Subdivision, Stephens City, Virginia S� hereby state that we are in favor of Jeffery A. Neff being granted an exemption to the new Frederick County building line restriction now in effect for his Lot 38 on Virginia Avenue, Lone Oak Subdivision. The new restrictions do not allow a home placed on that lot to be in conformance with existing homes in Lone Oak Subdivision. (Resident's ignature) (Date Signed) 0 : zz� I Z: � 4 Resi nt's Signature) NOTARY CERTIFICATION: (Date Signed) I, Andrew W. White, notary for the county of Frederick, State of Virginia do hereby certify I witnessed the foregoing signatures on 47 - -2d o 7 , 2007. My Commission expires a 7- -S1 a o4/ • I . e • • r1 L_J To: Frederick County Department of Planning STATEMENT OF FAVOR OF EXEMPTION TO BUILDING LINE RESTRICTION We, gt currently owning the property at IY( GJQ T 57 , Lone Oak Subdivision, Stephens City, Virginia hereby state that we are in favor of Jeffery A. Neff being granted an exemption to the new Frederick County building line restriction now in effect for his Lot 38 on Virginia Avenue, Lone Oak Subdivision. The new restrictions do not allow a home placed on that lot to co or e with existing homes in Lone Oak Subdivision. 09, 07- d 7 (Reside is Si atu e) (Date Signed) o8-d1 '°7� (Resident's Signature) (Date Signed) NOTARY CERTIFICATION: I, Andrew W. White, notary for the county of Fred e ' k, State of Virginia do hereby certify I witnessed the foregoing signatures on e92- 07 , 2007. My Commission expires 7- .3 d • (Notary Signature) • To: Frederick County Department of Planning STATEMENT OF FAVOR OF EXEMPTION TO BUILDING LINE RESTRICTION We, -I k "d d' t l L- currently owning the property ate / �jg Lone Oak Subdivision, Stephens City, Virginia hereby state that we are in favor of Jeffery A. Neff being granted an exemption to the new Frederick County building line restriction now in effect for his Lot 38 on Virginia Avenue, Lone Oak Subdivision. The new restrictions do not allow a home placed on that lot to be in conformance with existing homes in Lone Oak Subdivision. 0 -?.-6 (Resident's Signature) (Date Signed) (Resident's Signature) (Date Signed) • NOTARY CERTIFICATION: I, Andrew W. White, notary for the county of Frede ick, State of Virginia do hereby certify I witnessed the foregoing signatures on7 D 7- d , 2007. My Commission expires (Notary Signature) .••••�Ci�.W WN,T���'% q :'NOTARY PUBLIC #7091255 My COMMISSION • '¢ n � Fy,PIRE 713112011..a�`� �NWEAL`(N �,•`••, C] To: Frederick County Department of Planning W at STATEMENT OF FAVOR OF EXEMPTION TO BUILDING LINE RESTRICTION currently owning the property ision, Stephens City, Virginia hereby state that we are in favor of Jeffery A. Neff being granted an exemption to the new Frederick County building line restriction now in effect for his Lot 38 on Virginia Avenue, Lone Oak Subdivision. The new restrictions do not allow a home placed on that lot to be in conformance with existing homes in Lone Oak Subdivision. i'� esident s Signature) It igned) (Resident's Signature) (Date Signed) NOTARY CERTIFICATION: I, Andrew W. White, notary for the county of Fred •ick, State of Virginia do hereby certify I witnessed the foregoing signatures on d 7 -dam 2007. My Commission expires % - 3 / -a 0 b" NOTARY v .�� Q PUBLIC BEG. #7091255•; (Notary Signature) o ;` MY0E COMMISSION .; w '��ij�'•. 7/31/2011 �&z •. .••� �. FALTHd•�� �.%`. '''rilla►00 0 �J • Ll I ��0� 3g37D., 0 • To:- Frederick County Department of Planning STATEMENT OF FAVOR OF EXEMPTION TO BUILDING LINE RESTRICTION We,currently owning the property at o� L,jo S , Lone Oak Subdivision, Stephens City, Virginia hereby state that we are in favor of Jeffery A. Neff being granted an exemption to the new Frederick County building line restriction now in effect for his Lot 38 on Virginia Avenue, Lone Oak Subdivision. The new restrictions do not allow a home placed on that lot to be in conformance with existing homes in Lone Oak Subdivision. (Resident's Signature) )av (Resident's Signature) NOTARY CERTIFICATION: ,�-'-)- 01 (Date Signed) (Date Signed) I, Andrew W. White, notary for the county of Frede • k, State of Virginia do hereby certify I witnessed the foregoing signatures on e7 -� , 2007. My Commission expires %-3 /- o20 t,11111110,,o NOTARY •. : PUBLIC i(Notary Signature = * REG. #7091256 :• MY COMMISSIONWIRES 7/31/2011 �N�FALTN•���'~� fr't I1t1\\\ttt �I • • To: Frederick County Department of Planning STATEMENT OF FAVOR OF EXEMPTION TO BUILDING LINE RESTRICTION We, �2(i�t>�,S W. ��/��d-��N�� M- currently owning the property at-q (,�e,s�5�; �✓eeA w✓s C�Lone Oak Subdivision, Stephens City, Virginia hereby state that we are in favor of Jeffery A. Neff being granted an exemption to the new Frederick County building line restriction now in effect for his Lot 38 on Virginia Avenue, Lone Oak Subdivision. The new restrictions do not allow a home placed on that lot to be in conformance with existing homes in Lone Oak Subdivision. (Resident's Signature) (Date Signed) (Resident's Signature) (Date Signed) NOTARY CERTIFICATION: I, Andrew W. White, notary for the county of Frede ' k, State of4irginia do hereby certify I witnessed the foregoing signatures on 107 moo �, 2007. My Commission expires (Notary Signature) W Wye .•••tpIOTA1111/Y� •``;�� i +"UEIU r .k AEG. #7091255 n : MY COMMISSION O'�i :• EXPIRES •., 7131/2011 ,• \��� ��'• w�ALT1i � o`'� E • To: Frederick County Department of Planning STATEMENT OF FAVOR OF EXEMPTION TO BUILDING LINE RESTRICTION We, ; )U % A Cl W1 currently owning the property at / D S Cy e 5 % 5 7. , Lone Oak Subdivision, Stephens City, Virginia hereby state that we are in favor of Jeffery A. Neff being granted an exemption to the new Frederick County building line restriction now in effect for his Lot 38 on Virginia Avenue, Lone Oak Subdivision. The new restrictions do not allow a home placed on that lot to be in conformance with existing homes in Lone Oak Subdivision. ( esident's Signature) (Resident's Signature) NOTARY CERTIFICATION: -�0aa2' (Date Signed) 9 - 7- ;ze 6 7 (Date Signed) I, Andrew W. White, notary for the county of Fred 'ck, State of Virginia do hereby certify I witnessed the foregoing signatures on e7- , 2007. My Commission expires 07- -3/- ao// A6L�� • (Notary Signa e) 4�: ' NOTMY • ' PueuC 9 * : REd. #E7091255 n :• MY COMMISSION Q o • EXPIRES : 2 ���'•. 7/31/2011 �41,,,� 4LTN ���•••• • E To: Frederick County Department of Planning We, STATEMENT OF FAVOR OF EXEMPTION TO BUILDING LINE RESTRICTION currently owning the property at I cy 7 c,U2.5T Srte,4 T t , Lone Oak Subdivision, Stephens City, Virginia hereby state that we are in favor of Jeffery A. Neff being granted an exemption to the new Frederick County building line restriction now in effect for his Lot 38 on Virginia Avenue, Lone Oak Subdivision. The new restrictions do not allow a home placed on that lot to be in conformance with existing homes in Lone Oak Subdivision. (Resident' Signature) (Resident's Signature NOTARY CERTIFICATION: (Date Signed) �/s 167 Date Signed) I, Andrew W. White, notary for the county of Freder' k, State of Virginia do hereby certify I witnessed the foregoing signatures on 2007. My Commission expires % j / -tea// � �G • $F c,\0 _ (Notary Signature) ISN �410NbVE • • • To: Frederick County Department of Planning STATEMENT OF FAVOR OF EXEMPTION TO BUILDING LINE RESTRICTION 'rrsl�� J We. \ }, D ej currentlynwrring the property at \sou C,h,rrh , Lone Oak Subdivision, Stephens City, Virginia hereby state that we are in favor of Jeffery A. Neff being granted an exemption to the new Frederick County building line restriction now in effect for his Lot 38 on Virginia Avenue, Lone Oak Subdivision. The new restrictions do not allow a home placed on that lot to be in conformance with existing homes in Lone Oak Subdivision. • C. ke:: 'dent's Sign re) :' (Resi e NOTARY CERTIFICATION: (Date Signed) Signed) I, Andrew W. White, notary for the county of Frederick, State of Virginia do hereby certify I witnessed the foregoing signatures on , 2007. My Commission expires 7 ,F/- c2a/l .1111111111� %'10 W. Wy�T •� NOTARY40 . �v� Z �. PIJBLICi • (Notary Signature) i *r Pam# M z : w00 OM Awl "'•• 'EALT A 0 �.•. '�'111111111%;% • • • To: Frederick County Department of Planning STATEMENT OF FAVOR OF EXEMPTION TO BUILDING LINE RESTRICTION We,/`lam- currently owning the property at12S Y' ' c,, �t .� , Lone Oak Subdivision, Stephens City, Virginia hereby state that we are in favor of Jeffery A. Neff being granted an exemption to the new Frederick County building line restriction now in effect for his Lot 38 on Virginia Avenue, Lone Oak Subdivision. The new restrictions do not allow a home placed on that lot to be in conformance with existing homes in Lone Oak Subdivision. / (Resident's Signature) (R 'dent's Signature) NOTARY CERTIFICATION: 61,<r.06--G7 (Date Signed) r (Date Signed) I, Andrew W. White, notary for the county of Frede ' k, State of Virginia do hereby certify I witnessed the foregoing signatures on a� o , 2007. My Commission expires -ao // �W. W/y/ • _20 (Notary Signature ? #�� Q Ewa ''• 1ij011 WEALS �.•`� MARSH & LEGGE LAND SURVEYORS, P.L.C. 560 North Loudoun Street, Winchester, VA 22601 ■ 540-667-0468 ■ Fax: 540-667-0469 ■ E-mail: office@marshaiidlegge.com JUN 2 2 TRANSMITTAL COVER SHEET Date: June 22, 2007 Re: Jeffrey A. Neff Frederick County, Virginia TO: Mr. Mark Cheran Frederick County Planning Department 107 North Kent Street Winchester, Virginia 22601 FROM: S. W. Marsh, L.S. WE ARE ENCLOSING THE FOLLOWING ITEMS: COPIES DATE DESCRIPTION 1 06-22-07 Variance Fee: Check No. 8737 ($450) 1 Original of Variance Application, PIN 86B-4-A-38 (Jeffrey A. Neff) 1 Copy of Variance Application, PIN 86B-4-A-38 (Jeffrey A. Neff) 1 Parcel History of Tax Map 86B-4-A-38 (Deeds) THESEn A TT —R A A I1 11TT 1 11, 11 TT1T)T llfITM TTQU A 0 nL-nTTL QrT'L T\ 1HSL' 11LMOI-mn 1riL�1��71Vlll lrD1J rlJn IOU nl:L 1lJUlb u0j.! !]U 1�1J�U1J 4J 11J 1J. REMARKS CC: • MARSH & LEGGE LAND SURVEYORS, P.L.C. 560 North Loiidouu Street, Winchester, VA 22601 ■ 540-667-0468 ■ Fax: 540-667-0469 ■ E-mail: office@inarshandlegge.com TRANSMITTAL COVER SHEET Date: August 13, 2007 Re: Jeffrey A. Neff Frederick County, Virginia TO: Mr. Mark Cheran Frederick County Planning Department 107 North Kent Street Winchester, Virginia 22601 FROM: P. Duane Brown, L.S. WE ARE ENCLOSING THE FOLLOWING ITEMS: COPIES DATE DESCRIPTION 1 August 2007 Statements in Favor of Variance Request. # 10-07 of Jeffrey A. Neff 1 08-07-07 Notification of Public Hearing THESE ITEMS ARE TRANSMITTED FOR YOUR USE. REMARKS: Please note that the Notification of Public Hearing has incorrect distances listed in the Variance Request. CC: • • MARSH & LEGGE LAND SURVEYORS, P.L.C. 560 North Loudoun Street, Winchester, VA 22601 ■ 540-667-0468 ■ Fax: 540-667-0469 ■ E-mail: office@marshandlegge.com Mr, 3 2'Uuj TRANSMITTAL COVER SHEET Date: August 3, 2007 Re: Jeffrey A. Neff Frederick County, Virginia TO: Mr. Mark Cheran Frederick County Planning Department 107 North Kent Street Winchester, Virginia 22601 FROM: P. Duane Brown, L.S. WE ARE ENCLOSING THE FOLLOWING ITEM: I COPIES DATE I DESCRIPTION 1 I Variance Application, PIN 86B-4-A-38 (Jeffrey A. Neff] — Updated 8-01-07 711 THIS ITEM IS TRANSMITTED FOR YOUR USE AS REQUESTED. REMARKS CC: n 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 #10-07 OF JEFFERY NEFF 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 #10-07 of Jeffery Neff for a 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 86B-4-A-38 in the Opequon Magisterial District. Any interested parties may attend this hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, Lauren E. Krempa Plarmer I LEK/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 r' This is to certify t zat the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: - - --- - - -- -' Jeffery Neff Frederick Zimmerman 6095 Valley Pike 124 Virginia Dr. Stephens City, VA 22655 Stephens City, VA 22655 Duane Brown Marsh & Legge 560 N. Loudoun St. Winchester, VA 22601 Dennis & Mary Jo Whitacre 109 Virginia Dr. Stephens City, VA 22655 Lisa Lacivita 110 Virginia Dr. Stephens City, VA 22655 Charles & Carolyn Newton 801. Wage Dr., SW Leesburg, VA 20175 E. R. Neff Excavating, Inc. PO Box 1027 — f— Stephens City, VA 22655 auren t. I 6eilipa, kaim4i I Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERI K I, �' a a Notary Public in and for the State and County aforesaid, do Wreby certify that Lauren . Krempa, Planner I, for the Dep rtment of Planning and Development, whose name is signed to the foregoing, dated e , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of c0 dQ7 My commission expires on YK NOTARY )*BLIC r 0 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING July 3, 2007 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #10-07 OF JEFFERY NEFF 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 #10-07 of Jeffery Neff for a 15 foot side yard variance on both sides, resulting in side yard setbacks of 35 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 86B-4-A-38 in the Opequon 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. Sin erely, Gl.(,d/idAV Lauren E. Krempa Planning Technician LEK/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certi th t the attached correspondence was mailed to the following on o from the Department of Planning and Development, Frederick County, Virginia: 86B 4- A- 38- NEFF, JEFFERY A 6095 VALLEY PIKE STEPHENS CITY, VA 22655 86B - 4- B- 28- WHITACRE, DENNIS R & MARY JO 109 VIRGINIA DR STEPHENS CITY, VA. 22655.3302 86B - 4- A- 37- LACIVITA, LISA FRANCES 110 VIRGINIA DR STEPHENS CITY, VA 22655.3301 86B - 4- A- 39- NEWTON, CHARLES E III & CAROLYN G 001 WAGE OR SW LEESBURG,VA 20175.3403 86 - A- - 229- E R NEFF EXCAVATING, INC j PO BOX 1027 STEPHENS CITY, VA 22655.1027 I 86B - 4- A- 29- ZIMMERMAN, FREDERICK R JR 124 VIRGINIA DR C2 axAAA--) 51`7 STEPHENS CITY, VA 22655.3301 Lauren E. Krempa, Planning echnician - - - - - - - Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREIDERICK I, 1, , a Notary Public in and for the State and County aforesaid, do o reby certify that Laufelh E. Krempa, Planning Technician for the Department of Plannin -and Development, whose name is signed to the foregoing, dated ` �� A , has personally appeared before me and acknowledged the same in my State and tounity aforesaid. Given under my hand this \yl/ day of \% ,/ aOO7 My commission expires on NOTARY rYBLIC 31 0 'PO:BARBARA-DATA PROCESSING FROM:BEV - Planning Dept. Please print sets of 19,4ly ANC 13. Additional comments, if any: Dwelling on adjoining Lot 37 lies 32.8' from the east property line and 25.8' from the west property line 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 Dennis R. & Mary Jo Whitacre Address 109 Virginia Dr. Stephens City,VA 22655 Property ID # 86B-4-B-28 Fr d Phyll' Wilso Addres 107 Vi is Dri Steph s City, 22 P ertyID Ch rles II & Car yn G. New Ad dr ss O1 Wage ., SW, Lee ur VA 201 -Property ID B-4-B-30 Lisa Frances Lacivita Address 110 Virginia Dr., Stephens City, VA 22655 Property ID # 86B-4-A-37 `" Charles E. III & Carolyn G. Newton Address 801 Wage Dr., SW, Leesburg, VA 20175 Property ID # 86B-4-A-39 E. R. Neff Excavating, Inc. Address P.O. Box 1027, Stephens City, VA 22655 Property ID # 86-A-229 ° Address Property ID # 8 -Li ')5 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 #10-07 OF JEFFERY NEFF 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: 30 20 Variance Request #1 07 of Jeffery Neff for afoot side yard variance on both sides, resulting in side yard setbacks of)'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. Any interested parties may attend this hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, Lauren E. Krempa Planner I LEK/bad FIF FaIVED AUG - 8 2007 MARSH & LEGGE 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 PLEASE REVIEW TBE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL. APPROVAL PLEASE MML AND PROVIDE Tf� DATE AND TAKE OF YOUR 1' TSIS DOCUMBNTDOESNOT-MEET YOUR APPROVAL PLEASE PROVIDE CO3BLENTSAS TO WHAT YOU WOULD LI%E TO SAVE COMPLETED. INITIALS DATE & TIME Candice Bernie Susan Eric Mike Kevin John Lauren COMMENTS: Received by Clerical Staff (Date & Time): U:\Pam\Common\Document Approval Form vvpd N w E REQUESTING AGENT: DEPT. OF. GEOGRAPIUC INFORAIATIOZi f �� I 4S FREDERICK_COUNTY, VIRgWU GIS, M"P:ING, GRA.PER CS WORKREQUEST DATE RECEIVED: Ce/•�S✓�� REQUESTED COMPLETION DATE: Department, Agency, or Company: 4 Mailing and/or Billing Address: Telephone: FAX: E-mail Address: ESTR\4ATED COST OF PROJECT: DESCRIPTION OF REQUEST: (Write additional info 1/ 1�Lf�it1G� f DIGITAL: PAPER.: FAX: - SIZES: COLOR:. BLACK/WHITE: 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 NON Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651)