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HomeMy WebLinkAbout14-07 C. Robert & Barbara Kidwell (Partial) - Gainesboro - BackfileBOARD OF ZONING APPEALS Variance Request Tracking Sheet Date: -4 0 File opened 0,9 Reference Manual updated/number assigned 0 o D-base updated Oak �aID'2 @Re-B&W location map requested from GIS Two sets of labels requested from Data Processing 7- Z75. 01 File given to Renee' to update Application Action Summary ful/ MEETING DATE: g oZ ° FINAL ACTION: CLOSE OUT FILE: glz)-, o Approval (or denial) letter mailed to applicant/copy made for file File stamped "approved", "denied" or "withdrawn" 4� ,7 Reference Manual updated 1�/� p D-base updated o File given to Renee' for final update to Application Action Summary cp U B \Common\Tracking sheets\BZA Tracking bza Revised 05/25/01 m 0 m a 0 DATE-��.�________.___._ Nth. RECEIVED FROM ADDRESS _ -- ------ - --- -- -- - -- -------_-_-DOLLARS S - - ---- --- ❑FOR RENT V FOR --' : -- AMT OF• CASH ACCOUNT AMT. PAID CHECK BALANCE MONEY DUE ORDER 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: August 27, 2007 The amount of $50.00 was deposited in line item 93-010-019110-0008 for C. Robert & Barbara Kidwell. Mr. Boyce had a deposit for one sign for a Variance #14-07 for Mr. & Mrs. Kidwell. Mr. Boyce 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: Chris Boyce HC 87 Box 58 t� n� Yellow Spring, WV; RSA/pd 31 ��y a PA # �S776S3 J 107 North Kent Street, Suite 202 Winchester, Virginia 22601-5000 QP� ' fc+ COUNTY of FREDERICK Department of Planning and Development 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Telephone: 540/665-5651 FAX:540/665-6395 FAX TRANSMISSION TO: r �3 �uv &c'- COMPANY: FAX#: Remarks: Date: 10 1b o-1 Number of Pages (includnzg cover sheet) From the desk of: oLn'1 b Print View Page 1 of 1 County of Frederick, VIrginia .�,f ;• •,R•N . • m. 7�snRn.,s 1U! flyti.11 X.L'iil SUL"4� f? �e; • 01-012-1 We '.Vill%OiKle?r', lrir yii�ia 22rX4 ...� , �.,.. . 9d1�'2C4T - PAY aT°itmoF.*.�`i...a;A:�cSiI.O+Q i r�l BW .... 3 i�SYiO��.• �!7SL�,D426ps:5Yi?L19680��� 01000LC0501)0.p cCi .5i -An -Ai iiiK•,ev5ss6id �. r^.="i C �R St � https://iiprd.metavante.com/ii/Printlmage.jsp 10/19/2007 0 0 P. 1 • Immediate TX Result Report ( Oct. 19. 2007 9:57AM j x • Fax Header) File Date Time Destination Mode TXtime Page Result User Name No. ---------------------------------------------------------------------------------------------------- Oct.19. 9:56AM 5407226792 G3TES 0'22" P. 2 OK 6904 # Batch M Memory L Send later @ Forwarding E ECM S Standard D Detail F Fine Reduction * LAN —Fax t Delivery Q RX Notice Req. A RX Notice �4�GX CDG� FILE COPS rq � COUNTY of FREDERICK +i Department of Planning and Development \ 540/665-5651 738 FAX: 540/665-6395 MEMORANDUM TO: Finance Department FROM: Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: August 27, 2007 The amount of $50.00 was deposited in line item #3-010-019110-0008 for C. Robert & Barbara Kidwell. Mr. Boyce had a deposit for one sign for a Variance #14-07 for Mr. & Mrs. Kidwell. Mr. Boyce 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: Chris Boyce HC 87 Box 58 Yellow Spring, WV 2686 RSA/pd &W'j 0H", 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 Revised 05/25/0) 0 i Y- i ,.. DATE ' `J (j NO. I4 3 RECEIVED FROM (jL A DRESS d 5L J ( 1 ? rt S DOLLARS $�} ❑FOR REfU�T� ❑FOR .r 4-.1 ACC AMT. OF •UNT t ` . ACCOUNT CASH AMT. PAID l..' f.-) .a CHECK BADUECE MONEY ORDER BY 1 .,<<1 D 0 T A X R E C E I P T FREDERICK COUNTY C. WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22604-0225 SIGN DEPOSITS PLANNING Ticket #:00005810001 Date 7/20/2007 Register: CAL/CA Trans. #: 23320 Dept # 1095 Acct# Previous Balance $ 100.00 Principal Being Paid $ 100.00 Penalty $ .00 Interest $ .00 Amount Paid $ 100.00 *Balance Due $ .00 Pd by DEPT OF PLANNING Check 1947.70 # VARIOUS BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 7/2007 41 0 rM COU 0 Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 August 22, 2007 Chris Boyce HC 87 Box 58 Yellow Spring, WV 26865 RE: VARIANCE REQUEST #14-07 FOR ROBERT AND BARBARA KIDWELL Dear Mr. Boyce: This letter is to confirm the action taken by the Board of Zoning Appeals at their meeting on August 21, 2007. The request on parcel bearing Property Identification Number 42-A-114 was for a 20 foot front yard variance and a 34 foot side yard variance on both sides, resulting in a 16 foot side yard setback on each side. The Board of Zoning Appeals granted approval for the 34 foot side yards variance; however, the Board denied the 20 foot front yard variance. The property is located on Fries Lane, Lot 13 - Dunbar Subdivision, in the Gainesboro Magisterial District. In regard to denial of the 20 foot front yard variance, this decision of the Board of Zoning Appeals may be appealed to the Circuit Court of Frederick County within 30 days of the Board's decision If you have any questions regarding this action, please feel free to call this office. Sincerely, .-� Mark CHdran Zoning Administrator MRC/bad cc: Robert & Barbara Kidwell, 327 Bryarly Rd., Winchester, VA 22603 Jane Anderson, Real Estate John Trenary, Inspections 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 0 VARIANCE APPLICATION #14-07 C. ROBERT AND BARBARA KIDWELL 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 i LOCATION: Fries Lane, Lot 13 - Dunbar Subdivision MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 42-A-114 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) Land Use: Vacant 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 20 foot front yard variance, resulting in a front yard setback of 40 feet, and a 34 foot variance on each side, resulting in side yard variance of 16 feet on each side, for the construction of a single family dwelling. REASON FOR VARIANCE: Current setbacks for the property result in a small buildable area on the property. • Variance #14-07, C. Robert and Barbara Kidwell 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-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. The applicant is requesting a front yard variance of 20 feet from the current 60 foot setback requirement and a 34 foot variance on each side. These requests result in a new front setback of 40 feet and a new side setback of 16 feet (on both sides). The majority of the homes in the vicinity of this variance request are located close to the road and have small side yard setbacks. If enforced, the current RA setbacks would eliminate a buildable area on this lot. However, the enforcement of the front setback requirement on this property does provide a large enough area on the property for the placement of the proposed dwelling, only the enforcement of the side setbacks eliminates the building lot completely. Therefore, the side yard variance requests appear justified and the applicant should be prepared to revise the front yard variance request 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. The applicant is seeking a 20 foot front yard variance and a 34 foot side variance on both sides in order to build a single family dwelling. Should this variance be granted, the building setbacks for this property would change to 40 feet to the front,16 feet to the left side,16 feet to the right side, and remain 50 feet in the rear. It appears that this variance meets the intent of the Code of Virginia, Section 15.2-2309 (2); however, staff does feel that the front setback request could be reduced and still allow for the construction of a single family dwelling. This request from the current setbacks of the RA zoning district may be justified. 12rA� 42 A 71B COFFMgN!F�K95. 6 GLADYS UNDERWDOD, DELLEAE 42 A 98 DEAHL, SHANNON M i ® 42 A 97 SWARTZ, CHARLESR S /2 A IS W SWARTZ, CHARLES�Wee CAROL A am <a f SN m N a 42 IA[713 -� 17 , GILL!JEAl1 PRANCES A.N13 r i� •I; ie GN D ND Do ,o zo 0 m� i+ ■ N42 2 A I 'KIDWELL. DONALD WAY- G .0 a 1L6�YYlEG � c ■ Ati `pt�¢ f E !2 1 8 gtYOp . I KIDWELL, DONALDWAYNE Z D o> i _ mson t • d2 A 113 KIDWELL,DONALD WAYNE . ■ 42 A 128 CLEVENGER, DIANNA K. 42 A 129 REEL, 12 A MARY PO PORTER GILL,JEAN FRANCES 0 0 c p 0 0 A I p � Z Z A NN Z D Z D D D o •;� y� 42 A 130 S A GORDON, RONALD E e MARIAN M a s A z z s Oa 42 A 120 MICHAEL, WANDAA A' i =N m 42 A 92 y'� rMARTIN P d DOROTHY A 12 rA 102 I BROWN, ERHA MITE s � n o P 642 A 103 -- ROBINSON, JAMES D e SHARON V 0 N� i Z z ; x 42 A 107 KIDWELL, C ROBERT & BARBARA E 42 A 14 KIDWELL, C ROBERT a BARBARA E !1 a toe KIDWELL, C ROBERT & BARBARA E /2 A "ISALYER, JOSEPH M e ETALS 42 A 110 SALYER. JOSEPH M 6 ETALS 3 n i T M m y Z 42 A 10! ,L, JAMES 1 GLORIA 42 A 105 KIDWELL, JEREMY M 42 A 279 ALI, MOHAMMED 42 A 106 BETHEL LUTHERAN PARSONAGE .A Frederick County, VA Variance VAR #14-07 Application C. Robert & Barbara Kidwell Parcel ID: 42-A-114 41 Location in the County Map Features O Hamlets ft* Future Rt37 Bypass - VAR 1407CRobertBarbaraKidwell 15 Lakes/Ponds Streams 0- Buildings Streets Primary '�. Secondary '�- Terciary :0 Urban Development Area No SWSA 42 a FARM REVIVALLCENTER . ■ ■ R.& 15DWAFDS I 4 2A 1 5 Albin DAVIS, CHRISTWE ELLEN O 42A 1 3 SIRBAUGH, JERRY L Location in Surrounding Area �`LK Cp o zs so iCW © Case Planner. Lauren Map Document: (N:\Planning_And_Development\ 1_Locator_Mps\CRobertBarbaraKidwell_VAR1407_072307.mxd) 7/23/2007 -- 9:44:59 AM Edwards -Lin too 1w . a OWN w C in sow ■sS — Frederick County, VA Variance VAR # 14 - 07 Application C. Robert & Barbara Kidwell Parcel ID: 42-A-114 Location in the County Map Features O Hamlets +�. Future Rt37 Bypass - VAR1407_CRobertBarbamKidwell D Lakes/Ponds Streams • Buildings streets Primary �. Secondary Temiary Urban Development Area d%p SWSA N Map Document: (N:\Planning_And_Development\ 1_Locator_Mps\CRobertBarbaraKidwell_VAR1407_072307.mxd) 7/23/2007 -- 9:44:59 AM n rl' � ��; �, Frederick County, VA Variance VAR# 14-07 Application C. Robert & Barbara Kidwell Location in the County Map Features O Hamlets �+ Future Rt37 Bypass - VAR 1407_CRobertBarbaraKidwell D Lakes/Ponds Streams Streets Primary 1. Secondary '�- Terciary �1 Urban Development Area O%p SWSA n u Parcel ID: 42-A-114 Albin 0 Location in Surrounding Area �K Cp 0 25 50 I u�' tttttttt� � eer � ,� © Cafe Planner: Lauren Map Document: (N:\Planning_And_Development\ 1_Locator_Mps\CRobertBarbaraKidwell_VAR1407_072307.mxd) 7/23/2007 -- 9:44:59AM �1 •S N 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 other'�' (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: 1.5 O° NAME:C, P�►'�4e4e64e4��fo�vel� ADDRESS I-/C-7 �B ADDRESS:,5!2—% &eufF2 Lii P,6 ; VA 22-6ag TELEPHONE: TELEPHONE:5VO 72 Z --656 I The property is located at (give exact directions and include State Route numbers): rd FP<,OM 77WE )e7 37 SZ'Z N lkj /dery aA/ &&r—r o ,^J &e G 7 ;per el qho- &A bv7v-z �m,,,,-- -r&,a v e o--V �1 ,5 Z 4-1V C- , �z eS.7' V,4C-4 Arv- CAD ' The property has a road frontage of 77 its feet and a depth of d3, '70 feet and consists of .321 acres (please be exact). Page 5 of 9 �j of 5. The property is owned by Gp �G'�-.�12 bA lC�G(j �l as evidenced by deed from , IPP, le recorded (previous owner) in deed k no.�y � ��ge Af A of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: Z94 i /V e�:S /. 0 7. Property Identification No.: �� °-Iq 8. The existing zoning of the property is: O.A 9. The existing use of the property is: 11AGA Ai 10. Adjoining Property: USE ZONING North t LU EastL;vn, M I UY DVJc q,+L I rr �- South�'t Ne L ,aFom r t Y `tw-Gwo,, 6- A. West &-U&t,ts1 is 6- 11. Describe the variance sought in terms of distance and type. (For example: "A IT rear yard variance for an attached two -car garage.") %(j %u r OP A b pub 4. 72P 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 I-A/,;� Page 6 of 9 4 N 13. Additional comments, if any: 41,z .Oyc 174 - lk)7:5' gli•yim UP, D, v l.�-i- -w Ate Or,!QrPre&1?2 ems`/ 2-r kl�b ~sr c�)bueze tm6i wr meui eveec-y-ivr 2�0"IIVC- �2 � r ra c-rvr,� 1—HI S a R I 14. The following names and addresses are all of the individuals, firms, or corporations owning properly 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: Address ��� Property ID # '�'2 A 107 /-1 6D/.t1 /- 44•rfoe ,, L�� %�N.3f T' , f Address lOS ®U,�U g/jpZ&03 Property ID# el:2 A l j 7 Address 141 h 1>1'JAW 3 Property ID . Address DUA 8,1iO Z-AJ Z,2-,(e 63 Property ID # /� fif✓ L� �u�Jv1J U111� i�' Address L �/ 6 Property ID Address 1,3 41 14. J C)e 03 Property ID # 42 A �r � Address Property ID # Address Property ID # Page 7 of 9 98 *0 15. Provide a sketch of the property (you may use this page or attach engineer's drawing). Show proposed and/or existing structures on the properly, 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. 6-6-c- (l -MC;4Uk7) ` 12,41- w I Page 8 of 9 • � J 20 0 20 GRAPHIC SCALE (IN FEET) LOT 16 LOT 15 d 0� c., 0 0 0 Pq TM 42—A-107 N/F KIDWELL S O1'T9'17" E 77.27' 0 LOT 14 NOTES 16.0 1. NO TITLE REPORT FURNISHED. i EASEMENTS OTHER THAN SHOWN I MAY EXIST. 2. THE BOUNDARY INFORMATION SHOWN HEREON HAS BEEN PREPARED FROM AVAILABLE RECORDS AND IS NOT PURPORTED TO BE A BOUNDARY SURVEY OF THE PARCEL OR ANY PORTION OF THE BOUNDARY LINES. 212' t TO N 02'30'00' E 77.10' DUNBAR LN. FRIES LANE MERIDIAN OF RECORD I INST. NO. 010009320 50' BRL LOT 13 13965 SO. FT. DECK 60' BRL PROPOSED DWELLING 16.0' 0 0 PROPOSED HOUSE LOCATION SKETCH LOT 13 - DUNBAR, MARTINS. GLAIZE LOTS AT ALBIN GAINESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, WRGINIA SCALE.- 1" = 20' DATE.' DULY 13, 2007 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 4935 Founded in 1971 www.greenwayeng.com 1 OF 1 2_7 a�� s W � H •.nnL7 n e�� 3oCP X 11 92, c� rB � rn •a � ylp19b17/1 �,ftNn07 x1lN,aQ]!1� h 19 A1197 V 1 tl r107 i 6 `' ,es a 3ZIH79 NI1VdWtOo _ YVyNna a fi t h { n � a• / f0j ®NIQ- r• ti o :f rnr O.V V 7 6® nl ® "' 1� M64/ id3H10 hl 0 � O C � O (1 cv Vr of- '} 7 If0 q 1TC7��Y1n } Q�� ,af .�6L •bL o 1 5 t9f 3 ,Ohl �f4 r cm 21 CV t a '�` -• ea 11 p ® � fly®Nld0 'al ;zev r.21V7V m t '7 � w —- 2 _r, t� / 5p •0 Ul r Q m of Of AGREEMENT VARIANCE # / �d '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) 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. r SIGNA DATE O SIGNATURE OF OWNER P DATE '� �' 7 (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF 0� ACTION: -DA - APPROVAL SIGNE BZA CHAIRMAN DENIAL DATE: Page 9 of 9 Home Plans and House Planie Betz Associates Page 1 of 1 1-888-717-3003 Shopping Cart My Favorites My Compares Sign in HOME SEARCH PLANS PRODUCTS SERVICES GENERAL INFO HELP1 LlWS Home Plan - ASPEN Main Order Online Elevation Main Floor Lower Floor Plan Specs Similar Plans j Click _to enlarge j _ ; 1 or r. u' . u• - ..r' Via ido R.w Click to enlarge 1st Floor 46 sq. ft. 2nd Floor 1249 sq. ft. Total 1295 sq. ft. Overall Dimensions: 45-0" x 31'-4" More Options COMPARE THIS. 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HOME PLANS I PRODUCTS I SERVICES I GENERAL INFO I HELP COPYRIGHT 1997 - 2007 FRANK BETZ ASSOCIATES, II LINKS I PRIVACY POLICY I CONTACT INFO I SITE MAP http://www.frankbetz.com/homeplans/plan_info.html?pn=1080 6/27/2007 Home Plans and House Plans bnk Betz Associates Page 1 of 1 '. 0. •y aof 1-888-717-3003 Shopping Cart My Favorites My Compares Sign in HOME SEARCH PLANS PRODUCTS 3ERVICES GENERALINFO HELP LINKS •ASPEN Main Order Online Elevation Main Floor Lower Floor Plan Specs Similar Plans 15=0' More Options Pft ow l COMPARE THIS PLAN » ® Oinnq Ana '� '- - ADD TO MY FAVORITES » Kltdw to° x 10• : Motu Suite ' PRINTER FRIENDLY VERSION » ----- Vaulted 120 x 145 MODIFY THIS PLAN » GYect Room p 11° x 1S° --- - A Bath r� /11 0 vhrte6 ,,. __ "` Y9ot11J Bedroom 2 113 x 10° Bedroom 3 WLa. ' 102 x 10° t UPPER LEVEL PLAN l7oorplans and Elevations are subject to change. Flomplan dimensions are approximate. Consult working drawings• for actual dimensions and information. Elevations are artists' conceptions. HOME PLANS I PRODUCTS I SERVICES I GENERAL INFO I HELP COPYRIGHT 1997 - 2007 FRANK BETZ ASSOCIATES, II LINKS I PRIVACY POLICY I CONTACT INFO I SITE MAP http://www.frankbetz.com/homeplans/plan_ info. html?pn=1080&vw=3 6/27/2007 o 0 C) 040015296 THIS DEED made and dated this 2nd day of August, 2004, by and between JASON D. McKELVEY, party bf the first part, hereinafter called the Grantor, and C. ROBERT KIDWELL and BARBARA E. KIDWELL, parties of the second part, hereinafter called the Grantees. WITNESSETH: That for and in consideration of the sum of Ten ($10.00) Dollars, cash in band paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant, bargain and sell with general warranty and English Covenants of title unto the Grantees, in fee simple absolute, as tenants by the entirety with common law right of survivorship, all of that certain lot or parcel of land lying and being situate a short distance west of U.S. Highway No. 522 (now known as Virginia Secondary Highway Route 719) in Gainesboro Magisterial District, and being identified as Lot 13 on the plat of Dunbar, Martin S. Glaize Lots at Albin, which is of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 196 at Page 407,,and further shown on that certain plat of survey drawn by Scott J. Wolford, L.S., dated June 27, 2001, as containing 13,965 square feet, Lot 13, which is attached to that certain Deed of record in the aforesaid Clerk's Office as Instrument No. 01-0009320, and being a portion of the same land conveyed to Jason D. McKelvey by Deed date July 19, 2001 from Jeremy M. Kidwell, of record in the aforesaid Clerk's Office as Instrument No. 01-0009320, Page 1 of 2 • .� o a I 0 I 1 This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property. WITNESS the fo'lowing signatures anc. seals. / /� (1 'ID ,'l�1 (SEAL) i Jas n D. McKelvey i STATE OF VIRGINIA CITY OF WINCBESTER, TO -WIT I I, , a Notary Public in and for the State and jurisdiction aforesaid, �eYrtify that Jason D. McKelvey, whose name is signed to the foregoing DEED dated the 2'd day of August, 2004 has persona.ly appeared' before me and acknowledged the same in my State and jurisdiction aforesaid. j Given under my hand this T day of 2004. My Commission expires /. fZ-07 ,,.j'yLL%UEWH nopzrp,,'o ABLCNY :U�ac7aAr — pU9lt� OF VIRUINIA; FREDERICK COUNTY' C con This instramcnt of writing was p 11657Kdwe11 A \DF2D • M-ICdvry m KdwslLwpd 8~ �t at and with ccrtifitc o oed b acknowledgement Scc Sti l 802 o d was admitted to recurd. T imP Y $ .00 , .d 58.1-gol have been paid,if assessable Pa �& ,clak Page 2 of 2 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 #14-07 OF C. ROBERT AND BARBARA KIDWELL 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 #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 setback 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. 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 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify th t the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: r - 42 - A• -114- ,. KIDWELL, C ROBERT & BARBARA E -� gJ y( r1 327 BRYARLY RD r I t WINCHESTER, VA 22603.4106 42 - A• -117- KIDWELL, JEREMY.M KIDWELL, DEBORAH L 108 DUNBAR LN WINCHESTER, VA. 22603 42 -2- - B- KIDWELL, DONALD WAYNE 169 DUNBAR LN WINCHESTER, VA 22603.4118 42 -A- . 115- RATHORE, CHARANJIT SINGH 141 DUNBAR LN WINCHESTER, VA 22603.4118 i 42 -A- -111. SALYER, JOSEPH M & ETALS 1341 AMBROSE DR WINCHESTER, VA 22603.0610 Lauren E. Kre pa, 1 er I Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, do daieby certify that I.ai n E. Krempa, Planner I, for the De art ent 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 day of My commission expires on NOTARY PUBLIC V4 X I4NCt�: - - lq-d . TO:BARBARA_DATA PROCESSING FROM:BEV - Plonnin zzi� 9 Dept. s THA 13. Additional comments, if any: ke Q'C 'r7✓e 4-0e!;5 u-/i - rvll\j ),NiS 1iB Di L is is ry Aru OW S/in iLff2 ''i 2-r 4a ^ '' DGU�lC rr�i�rs' lk7 /VOT zz-i 6 0et'C /vr Zc7ivIAJG- lZWc;/Q =A?aA -s P20p /D r - A AJ 9 i5fQb &nrSJ1)Ei2llTt0 ti 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 C . Aeb&e , - J- `/ Address Property ID # V2 I% /0 _ Address Property ID# of 2 A l l 7 Address 6 cJA_; CIA ZN PropertyID # '42.,�- Address f� Property ID Address Property ID # iv ,Qi2 "IV # 42 Z 1Z,i Z2�4?4 7 a2� 03 /lP 9 _&•<v5A2 L1V 2do 03 Z 4 1/3 Address / 3 4l' , Property ID # Z12 Address Property ID # Address Property ID # Page 7 of 9 ::�A'16S 15°Y }� ��w :5P9jAJ6:-, wv .26965 TO:BARBARA-DATA PROCESSING . FROM:gEV - Pl4nning De t, Plea a pnn p sets of ' THA J�gIJ 13. Additional comments, if any: �Ge ,?,� � 4,r-,5, a.,17wl" y pl,5 ve Dt &-Is Pu--w Are Or 5/ M /Lff2 S;�/ 1- 4a t$ b VM f nv� 60 /V 6 r MEZ�_, Gj 0ela Mr ?. D101 N61 P—WO/L-A21 nPj -s i7�llr ��t r e1A� _/0� �d e P2DP� 2,7�' l f �2 r? f l �' vc5r�5 7-D 854-5- FA1e A Air,) L1P &IS,/JMA-rib I 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 slylzeReA- 25,-7- Properly ID # 7 2 d 107 J '5/2U-1W �- All Address BU /u '94e L-iL! /D—" 2 q Property ID# 7 2 A j j 7 4'7 f/Oe&) Address -� S1 it tCH Property ID # - z. A / 610111" !/L tii911j Address DUN-ap,42 L,Av 7r Property ID # J hGtfGZ� /vAc""�� Address Ik? 6JIV6A2 Z/V *0 63 Property ID # 42 �q j13 6,4LY&--,?2,Jt)SePw /1? Address 1341 14111&eD - Dom. Property ID # 42 � JAddress Property ID # �- Address Property ID # Page 7 of 9 *Ll- q7 6-9Y ®5 ZZ 2.22, 6L�1Zf't N � O(/NBA R N7 1 »i'► 51tj LZ 1 7y' 1 r NORTH rn -to i I `:;, ")1) S t 1 sss "Id4d _ C ormfA S 1' 1. L11Na .V2r,all Toy a �O ^7 Z �I 0 N b � U � �} O Y o 0 O 0 M O s+ r%j u t C 4 S f t �. _ � g �1 a 1do a N. s • - % I-' DUNAR 0 o ids MARTIN S. GLAIZE h 9.S L0rr AT AOfN y ou�rr, VrRirNre fRfD�Rr[K � Q,..K. l .�.,,a�.,.► y6*1 9 lO Sc.le NMI YCA �0 6 V Z 6 8' GZE1�t/►///�-G /Jotc�{ GRADE Wort! Sf.Aer at C.•Mers `L-ZI C7 040015296 THIS DEED made and dated this 211 day of August, 2004, by and between JASON D. WKELVEY, party of the first part, hereinafter called the Grantor, and C. ROBERT KIDWELL and BARBARA E. KIDWELL, parties of the second part, hereinafter called the Grantees. WITNESSETH: That for and in consideration of the sum of Ten ($10.00) Dollars, cash in hand paid, and other good and valuable consideration, the receipt of which I s hereby acknowledged, the Grantor does hereby grant, bargain and sell with general warranty and English Covenants of title unto the Grantees, in fee simple absolute, as tenants by the entirety with common law right of survivorship, all of that certain lot or parcel of land lying and being situate a short distance west of U.S. Highway No. 522 (now known as Virginia Secondary Highway Route 719) in Gainesboro Magisterial District, and being identified as Lot 13 on the plat of Dunbar, Martin S. Glaize Lots at Albin, which is of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 196 at Page 407, .and further shown on that certain plat of survey drawn by Scott J. Wolford, L.S., dated June 27, 2001, as containing 13,965 square feet, Lot 13, which is attached to that certain Dded of record in the aforesaid Clerk's Office as Instrument No. 01-0009320, ,and being a portion of the same land conveyed to Jason D. McKelvey by Deed date July 19, 2001 from Jeremy M. Kidwell, of record in the aforesaid Clerk's Office as Instrument No. 01-0009320. Page 1 of 2 Q C7 t) .91- This conveyance is made subject to all easements, rights'of way and restrictions of record affecting the subject property. WITNESS the fo1owing signatures anc. seals. �I (SEAL) Jas n D. McKelvey STATE OF VIRGINIA CITY OF WINCBESTER, TO -WIT I, , a Notary Public in and .for the State and jurisdiction aforesaid, do ereb certify that Jason D. McKelvey, whose name is signed to the foregoing DEED dated the 2' day of August, 2004 iias persona:.ly appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this T_ day of , 2004. My Commission expires /�, rZ-07 �`Gr(1 E. p�����. .k. NOTARY iFUBUC : yo T A Ny%'- 7 ; U81.► '1i,,�F1OFIv`0���`� VIRUINIA: PREDERICK COUNTY. SCT. This instrument of writing was Produced to me on 11657K)dwep 1 A \DEED • McKelvey to [Gdwo]Lwpd 9r. ^ at nnexed wledgement ereto a was a tmitteimposed to record, T oimpod by She. 58.1 802 of $L-2—L, and s&J-901 have been paid, if assessable Page 2 of 2 LJ 20 0 20 GRAPHIC SCALE (IN FEET) LOT 16 LOT 15 LOT 14 H d 00 0 0 0 v QJ 1 NOTES 1. NO TITLE REPORT FURNISHED. i_ EASEMENTS OTHER THAN SHOWN I MAY EXIST. TM 42—A-107 N/F KIDWELL — i S 01 ' 19' 17" E 77.27' 0 Cn 16.0' MERIDIAN OF RECORD INST, NO. 010009320 1 1 mow- 50' LOT 13 13965 SO. FT. DECK 60' BRL PROPOSED DWELLING 2. THE BOUNDARY INFORMATION SHOWN HEREON HAS BEEN PREPARED FROM AVAILABLE RECORDS AND IS NOT PURPORTED TO BE A BOUNDARY SURVEY OF THE PARCEL OR ANY PORTION OF THE BOUNDARY, LINES. o 212' f TO -- N 02'30'O0" E 77.10' DUNBAR LN. FRIES LANE (30' WIDE) PROPOSED HOUSE LOCATION SKETCH LOT 13 - DUNBAR, MARTIN S. GLAZE LOTS AT ALB/N GAINESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, WRGINIA SCALE. • 1 " = 20' 1 DATE.- JULY 13, 2007 /j7s� GREENWAY ENGINEERING, INC. 151 Windy Hill Lane k4007P Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 Founded in 1971 www.greenwayeng.com r 0 y N 16.0' 4935 SHEET 1 OF 1 1 111�1. rarm1 fwr= T1 ro V) Q ro N W S E REQUESTING AGENT; DEPT. OF-GEOGRA.PIIIC INFORMATION S FREDERICK COUNTY, VIRGINU GIS, MXPPE%iG, GRAPHICS WORKREQUEST DATE RECEIVED: - 10� a 6 REQUESTED COMPLETION DATE: Department, Agency, or Company:_ : Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROJECT: DESCRIPTION OF REQUEST: (Write additional 0--DL�i PIA) -# FAX: W nasti'Dnon back of request (M-) .- Ll,�, - A /W - DIGITAL: PAPER: FAX: SIZES: ` COLOR: BLACKfWHITE: NUMBER OF COPIES: STAFF MEMBER -- COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: HOURS REQUaED: AMOUNT PAID: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) .