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Home My WebLink About06-12 300N LLC - Gainesboro - BackfileBOARD OF ZONING APPEALS Variance Request Tracking Sheet OPEN FILE: Z File opened Reference Manual updated/number assigned 5 D-base updated Location maps requested from Mapping (o Adjoiner list given to Planner (a Application Action Summary updated MEETING DATE: '7 /,,-7 //L CLOSE FILE: FINAL ACTION: Approval (or denial) letter mailed to applicant/copy made for file & cc's File stamped "approved", "denied" or "withdrawn" Reference Manual updated D-base updated -7 /1,3, Application Action Summary updated Sys ID # m 0 m a Ir G RECEIVED�aQ�I ❑ FOR R ❑ FOR _ L I �OLLARS $ I _-- 67 "/Y) AMT. OF ACCOUNT AID i 7ORDER CE L QS ryb-ASL 1' BY_ tf-ILE COPY COUNTY FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/665-6395 MEMORANDUM TO: Finance Department FROM: Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: July 24, 2012 The amount of $50.00 was deposited in line item #3-010-019110-0008 for Viking Holding LLC. The company had a deposit for one sign for Variance #06-12. 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: Viking Holding LLC 1208 Apple Pie Ridge Road Winchester, VA 22603 RSA/pd &2�' .7 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 RECEIVED FAQ ADDRESSlViT .1 c�(�I OLLARS $ I to - -- � O FOR REN '�- �^ FOR j � (� O �.ic_- . C AMT. OF CASH' CAS_may- i AMT. PAID i ✓�I CHECK i BALANCE j- MONEY I' DUE ORDER i BY ZT-OZ/9 I snoi,dvA # 00*00"T 00* $ ana aouv, 00*OOT $ pT-ed qun 00* q S 9.1 w 4 L 00* P-T 611T;99 T,-ed-F *3 00 - OOT V: 00*OOT 560T # -4d;aa GETE-0 :# THWP/Hw ZTOZ/sz/g TOOOZL90000:# '4;9XOT' fluHj, LS2MHJN I17,,rIvN3a sscLniz)NI an(' sz)mvrlva ZT/SZ/9 jNaWdOrlaAHCl q f)NjNtWqd 4q pci fc, 0 ST menu praline01. e PY.FDT CO to gusrless Business T�esDue gust property 'rso"a 'Estate, Real �Stnct r. Street Leg r* Sty Olt alLes secoo,aproperty :.5 PewEstate Real Distract Sanitary , Lrght Street Star Fort expiration I rabiess Q01, Dog tags b� the ' d, blIXe S as e date Other Lxj s Oiflcocaress - �Leveoe Trea Fredenc ij�L C&A 1160 ester, V5-56()1,- Winch (5400 OUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 July 18, 2012 Mr. Mike Artz Marsh & Legge Land Surveyors, P.L.C. 560 N. Loudoun St. Winchester, VA 22601 RE: VARIANCE REQUEST #06-12 Dear Mr. Artz: This letter is to confirm that the above -referenced variance application was approved by the Board of Zoning Appeals at their meeting on July 17, 2012. The request on parcel identified by Property Identification Number 30A-2-25 was approved by the BZA to allow a 20 foot left side variance and a 20 foot right side variance, resulting in a 30 foot setback on both sides. The property is located on the right side of the cul-de-sac at the end of Woodridge Lane (Route 747), in the Gainesboro 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: 300N LLC, 100 W. Jubal Early Dr., Winchester, VA 22601 Ross P. Spicer, Gainesboro District Supervisor Charles Triplett and Kevin Kenney, Gainesboro Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue John Trenary, Building Official 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 VARIANCE APPLICATION #06-12 300N, LLC Staff Report for the Board of Zoning Appeals Prepared: June 26, 2012 Staff Contact: Dana M. Johnston, Zoning Inspector 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, 2012 — Pending LOCATION: Right side of cul-de-sac at the end of Woodridge Lane (Route 747). MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 30A-2-25 PROPERTY ZONING & USE: Zoned: RA Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Residential East: RA (Rural Areas Use: Residential West: RA (Rural Areas) Use: North Frederick Pike (Route 522) VARIANCE REQUESTED: The applicant is requesting a 20 foot right side variance, and a 20 foot left side variance, resulting in a 30 foot setback on both sides, for a single family house. REASON FOR VARIANCE: With current setbacks, extreme topography, and the location of the proposed well and drainfield site, there leaves a very small building area. Variance #06-12 — 300N, LLC June 26, 2012 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 front and 15 feet for the side yards. Frederick County amended its Ordinance in 1989 and 2009 to change the A-2 zoning districts to the current RA (Rural Areas) Zoning District, making the current setbacks for the property 60 feet to the fiont, 60 feet to the rear, 50 feet to the right, and 50 feet to the left. This property was created in 1974 as part of an approved subdivision named Braddock Hills Section II. There are a total of 13 lots that all average 1.74 aces in size. This lot remains the only one in the subdivision that is currently vacant. Dwellings on adjoining lots, and most other dwellings within the subdivision, were constructed prior to current regulations and would be considered non- conforming with regards to side yard and front yard setbacks. The applicant believes, due to this lot being very steep with slopes in excess of 30 percent, the location of the proposed well and drainfield sites, and the RA (Rural Areas) setbacks, that this application is appropriate for a request to get a variance to allow reduction for current setback regulations. The applicant feels that meeting the required 60 foot setback for the front and 60 foot rear setback should not be difficult. However, the required 50 foot setbacks for each side create a triangular building restriction area and could be exigent to construct a dwelling within those building restriction lines. The applicant is seeking a 20 foot variance for both the left and right sides of the property, resulting in 30 foot setbacks on both sides. STAFF CONCLUSIONS FOR THE JULY 17, 2012 MEETING: The Code of Virginia 15.2-2309 (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 this variance in order to construct a single-family dwelling. Therefore, this application for a variance meets the requirements as set forth by The Code of Virginia 1950 as amended 15.2-2309(2), and Section 165-1001.02 (C) of the Frederick County Zoning Ordinance. The strict application of the Frederick County Zoning Ordinance does produce an undue hardship as required by the Code of Virginia. Should this variance be granted, the building setbacks for this property would be 30 feet on the right and left sides. z IF Applications Parcels Building Footprints B1 (Business, Neighborhood District) B2 (Business, General Distrist) B3 (Business, Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Industrial, Light District) M2 (Industrial, General District) 4W MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community Distric R5 (Residential Recreational Community Di RA (Rural Area District) RP (Residential Performance District) 30A 2 27 30A 2 26 h— bqq 00) ti Note: VAR # 06 - 12 Frederick County Dept of 300 N LLC Planning 8, Developments 107 N Kent St PINS: Suite 202 30A - 2 - 25 Winchester, VA 22601 Left and Right Side Yard 540 - 665 - 5651 Variance Map Created: June 27, 2012 Staff: djohnston 0 75 150 300 Feet awm tl Applications Parcels Building Footprints �i Index Contours (25ft) _i Intermediate Contours (5ft) B1 (Business, Neighborhood District) B2 (Business, General Distrist) B3 (Business, Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Industrial, Light District) M2 (Industrial, General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) 0 • ij.da �� 0LD BETNE�n,0.0 .- \ \ / `YZ ext Note: VAR # 06 - 12 Frederick County Dept of 300 N LLC Planning Developments 107 N Kent St PINS: Suite 202 30A - 2 - 25 Winchester, VA 22601 Left and Right Side Yard 540 - 665 - 5651 Variance Map Created: June 27, 2012 Staff: djohnston 0 75 150 300 Feet so APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA -OFFICE USE ONLY - Variance Application Vo.% Submittal Date: (ra `� j. i_ ._.... Fee Paid: initials: l Sign Deposite Submittal Deadline: (' as / For the meeting of MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner other . (Check one) Please list all owners, occupants (adult individuals as well as any entities occupying the property), or parties in interest of the property. 2. APPLICANT: NAME: —Mike Artz C/O Marsh & Legge ADDRESS 560 N. Loudoun St._ Winchester VA 22601 TELEPHONE: 540-667-0468 OCCUPANT: (if different) NAME: 300N, LLC ADDRESS:_100 W. Jubal Early Drive Winchester, VA 22601 TELEPHONE: 540-678-0300 3. The property is located at (give exact directions and include State Route numbers): Right side of cul-de-sac at the end of Woodridge Lane (Va. Rte. 747) 4. The property has a road frontage of 69.47_feet and a depth of consists of_1.141acres (please be exact). C. 355.1 feet and Substitute Trustee recorded (previous owner) in Instrument no. 100001660 of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: Gainesboro 7. Property Identification No.: TM #30A-2-25 8. The existing zoning of the property is: 9. The existing use of the property is: 10. Adjoining Property: USE North _residential _ East _residential_ South _residential_ West residential N vacant ZONING 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.") 20' Right Side yard Variance and a 20' Left Side yard Variance for a proposed single family home 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 Subject property was created in 1971. All adjoining lots were built on shortly thereafter. This lot is a very steep lot with slopes in excess of 30%. The lot is exceptionally narrow due to being a cul-de-sac lot that was created prior to current regulations. Location of a proposed well and drainfield site leaves a very small building area that can reasonably be accessed. Dwellings on adjoining lots were constructed prior to current regulations and would be. considered non -conforming with regards to side yard setbacks. 13. Additional comments, if any: 7 00 • is 13. Additional comments, if any: 14. The following names and addresses are all of the individuals, fines, 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: Erin E. Thomas Address 196 Woodridge Lane, Winchester, VA 22603 Property ID # TM #30A-2-26 Jacob N. O'Neil & Jennifer I. Halterman Address 207 Woodridge Lane, Winchester VA 22603 Property ID # TM #30A-2-23 Edward D. & Mary Paula Wilson Address 201 Woodridge Lane, Winchester VA 22603 Property ID # TM #30A-2-22 Roy G. Miller Address 3467 N. Frederick Pike, Winchester VA 22603 Property ID # TM #30-A-139 James W. Jr., & Cathy L. Wilson Address 109 Fortress Drive, Winchester VA 22603 PropertyID # TM #30-A-139B Jerry R. Baker, Jr. Address 3505 N. Frederick Pike, Winchester VA 22603 Property ID # TM #30-A-139A Address Property ID # A 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. E 1 Sp A=" 47' /Je R=50.00' D=79'36'24" C=64.02' CB=S 3 ' 1'38 W Rebar / Set �� T #30A -23 Ja b N. 'Neil & Proposed Jenif er I. Halterm Well 0 Rebar Inst. #10000419 Found t 23-24 .150 Ac. o Notes: 1. Boundary shown hereon was BR( determined by a field run 3p•0 30 -A survey performed under my 42 o 8I0�� direction. Proposed 2. This plot is subject to easements and restrictions of —860 42'0- record. / \ 0 3. No title report furnished. -830 / 30% \ Proposed / es in \ Drainfield this eo \ `� L 2 / . 41 \ 1 60' BR Monument Proposed Land Development Plan L O t 25 �o��PLT H OF /�c+ Braddock Hills Estates, Section 2 o i 30ON, LLC TM #30A-2-25 Inst.# 100001 660 Q MICHAEL M. ARTZ r Gainesboro District, Frederick County, Virginia Lic. No. 1513-B 2- DATE.• 0612112012 SCALE.• 1 " = 50' SHEET 1 OF 1 (qNo SURN�yo Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 DRAWN BY. MMA PHONE (540) 667-0468 - FAX (540) 667-0469 - EMAIL office®marshondlegge.com _1D91J2 HC.dwg AGREEMENT VARIANCE # 0 G P— (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) daxs 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�a�� SIGNATURE OF OWNER 44 DATE c+'er f i t plican�t) -OFFICE USE ONLY- BZA PUBLIC HEADING OF ACTION: - DATE - APPROVAL SIGNED «� A CHAIRMAN DENIAL DATE: 00 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: wwwacoefrederick.vaeus Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents: That I (We) (Name) Zoo iq (Phone) _%� lO 178 - 0-3 '0 '4 J '/ (Address) f 00 (d[ �cf �k%��'� �� VA the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded to the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 100001660 on Page 0224 , and is described as Parcel: Lot:25 Block: Section: do hereby make, constitute and appoint: (Name) Michael M. Artz Subdivision: Braddock Hills Estates (Phone) 540-667-0468 (Address) 560 North Loudoun Street, Winchester Va 22601 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: _Rezoning (including proffers) 71 _Conditional Use Permit Master Development Plan (Preliminary and Final) Subdivision _p_site Plan F71-Variance or Appeal My attorney -in -fact shall have the authority to.offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the y it is signed, or until it is otherwise res! i ed or modified. In witness thereof, I (we) ha ere o s our) and and seal this 22 day of , 20 /Z , Signature(s) State of Virginia, City/C` my of _;"ea4lAk a , To -wit: I, /a:K�4` a Notary Public in and for the jurisdiction aforesaid, certify that the person(s o signed to the foregoing instrument p�onallyAppeared before me and has acknowle g e ' me be f e in the jurisdiction aforesaid this& day of -�. My Commission Expires: 0 Notary Public ` AIN SANDRA F. RYAN f COMMONWEALTH OFVIRGINIA MY COMMISSION EXPIRES NOV, 30, 2012 nii tuiuuouim, uyni--(-) M2 (Industrial, General District) MH1 (Mobile Home Community District) - MS (Medical Support District) OM (Office - Manufacturing Park) 40 R4 (Residential Planned Community District) 40 R5 (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) Note: VA R # 06 - 12 Frederick County Dept of 300 N LLC Planning Developments 107 N Kent St PINS: Suite 202 30A - 2 - 25 Winchester, VA 22601 Left and Right Side Yard 540 - 665 - 5651 Variance Map Created: June 27, 2012 Staff: djohnston 0 75 150 300 Feet • �o Q Tax Map Id No. 30A-2-25 Prepared by and Retum to: Thomas M. Dickinson, Jr. Consideration: $25,000.00 (Assessed value: $8,100.00) Bowles Rice McDavid Graff & Love LLP 480 W. Juba[ Fidy Drive, Suite 130 Grantee's Address: P. O. Box 3550 Winchester, Virginia 22601 Winchester, VA 22604 SUBSTITUTE TRUSTEE'S DEED THIS DEED, made and entered into this 25 h day of February, 2010, by and between THOMAS M. DICKINSON, JR., Substitute Trustee, Grantor, and 300N, LLC, a West Virginia Limited Liability Company, Grantee, whose address is 300 North Main Street, Moorefield, WV 26836; WITNESSETH: WHEREAS, by that certain Credit Line Deed of Trust dated March 7, 2008, recorded in the Office of the Clerk of the Circuit Court of the County of Frederick, Virginia, as Instrument No. 080002829, E. E. Bayliss, Jr., conveyed the hereinafter described property to Ronald F. Miller and Cynthia J. Layman, Trustees, to secure the payment of a promissory note dated March 7, 2008, in the original principal amount of One Hundred Forty Six Thousand Four Hundred dollars ($146,400.00) with interest thereon as set out in the promissory note, payable to the order of Summit Community Bank; said promissory note containing a waiver of the Homestead Exemption; and WHEREAS, by Substitution of Trustee dated November 17, 2009, recorded in the aforesaid Clerk's Office as Instrument No. 090012922, Summit Community Bank, Inc., appointed Thomas M. Dickinson, Jr., a resident of Virginia, as Substitute Trustee to serve in the place and stead of Ronald F. Miller and Cynthia J. Layman, the original Trustees, to have all the N CJ1 title, powers, authority, duties and discretion conferred upon the original Trustees by the terms of the Deed of Trust and applicable law, in the same manner and to the same effect as though he, Thomas M. Dickinson, Jr., was originally named therein as Trustee; and WHEREAS, Thomas M. Dickinson, Jr., Substitute Trustee, upon request of Summit Community Bank, Inc., the holder of the said promissory note and indebtedness, advertised the property described herein for sale under the terms of the said Deed of Trust by publishing notice of the time, place, and terms of sale once a week for two consecutive weeks in the Northern Virginia Daily, a daily newspaper of general circulation in the County of Frederick, Virginia, on December 9, and December 16, 2009 and re -advertised the property described herein for sale under the terms of the said Deed of Trust by publishing notice of the time, place, and terms of sale once a week for two consecutive weeks in the Northern Virginia Daily, a daily newspaper of general circulation in the County of Frederick, Virginia, on January 15, and January 22, and WHEREAS, Thomas M. Dickinson, Jr., Substitute Trustee gave notice of the time, place and terms of sale to E. E. Bayliss, Jr., to all personal guarantors of the said promissory note and indebtedness, and to any and all subordinate lien creditors by certified mail in compliance with the provisions of Va. Code Ann. § 55-59.1; and WHEREAS, Thomas M. Dickinson, Jr., Substitute Trustee proceeded to offer the property described herein for sale at public auction at the front entrance of the Frederick County Circuit Court, 5 North Kent Street, Winchester, Virginia, on January 29, 2010, at 10:00 a.m., EDT, at which sale 300N, LLC, bid the sum of Twenty Five Thousand Dollars ($25,000.00), that being the highest and last bid therefore; and Oa 0 N N WHEREAS, the said Substitute Trustee sold the property described herein to 300N, LLC, for the sum of Twenty Five Thousand Dollars ($25,000.00) and received a bidder's deposit of Two Thousand Five Hundred Dollars ($2,500.00) and has now received the balance of the purchase price. NOW, THEREFORE, in consideration of the premises and the sum of Ten Dollars ($10.00) cash in hand paid, the receipt of which is hereby acknowledged by the Grantor, the Grantor does hereby grant, bargain, sell, and convey with SPECIAL WARRANTY OF TITLE unto the said 300N, LLC, the following described real estate to -wit: All that certain lot of land lying and being situate in Gainesboro Magisterial District of Frederick County, Virginia, on the North side of Woodridge Drive, more particularly described as Lot No. 25, Braddock Hills Estate, Section Two, on the plat of H. Bruce Edens, C.L.S., surveyed July 13, 1971 and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 438, at Page 827. AND BEING a portion of the property conveyed to E. E. Bayliss, Jr. by Deed from Fred L. Glaize, III and E. E. Bayliss, Jr., dated November 22, 2006 of record in the aforesaid Clerk's Office as Instrument Number 070000435. Reference is hereby made to the aforesaid instruments and the references contained therein for a further and more particular description of the property conveyed herein. This conveyance is made expressly subject to the restrictions, conditions, rights - of -way, and easements, if any, contained in the instruments constituting the chain of title to the property conveyed herein. 0 IV . tU WITNESS the following signature and seal: Thomas M. Dickinson, Jr., Substitute Trustee COMMONWEALTH OF VIRGINIA CITY OF WINCHESTER, to wit: The foregoing instrument was acknowledged before me this 25`I' day of February, 2010, by Thomas M. Dickinson, Jr., Substitute Trustee. 22 My commission expires: Notary Public �uJe JUDIM NOTAWID * 7Dg3s11 y� '2 I My registration number is: 0� J3 I 1 NOTARY ptlBuc OF VIRGINIA COMMONWtJ1LTH MvCOMIAIS610ME> i M6UST31.201t vti.viNl.\: FREDERICKCOUNTUCP. This instrument of writing was produced tomeon//�� 0 at 7 r f�f�m and with certificate acknowledgement thereto annexed was admitted to record. Tax imposed by Sec. 58.1_802 of w $ , and 58.1-801 have been paid, if assessable 4e�44 , Clerk 2890779.1 4 • COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING July 3, 2012 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #06-12 OF 300N, LLC On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, July 17, 2012, at 3:25 p.m., in the Board Room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. Variance Request #06-12 of 300N, LLC, submitted by Marsh & Legge Land Surveyors, P.L.C., for a 20 foot right side variance and a 20 foot left side variance, resulting in a 30 foot left side setback on both sides, for a single family house. This property is located on the right side of cul-de-sac at the end of Woodridge Lane (Route 747), and is identified with Property Identification Number 30A-2-25 -in the Gainesboro Magisterial District. Any interested parties may attend this meeting. 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. Zoning Inspector DMJ/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 This is to )-�- ertify that the attached correspondence was mailed to the following on fiorn the Department of Planning and Development, Frederick County, Virginia: - - - --- - -- - - -- 30 A- .139-B 30A - 2- - 25- WILSON JAMES W JR 30ON LLC WILSON CATHY L PO BOX 179 109 FORTRESS DR MOOREFIELD WV 26836.0179 WINCHESTER VA 22603.4286 Marsh & Legge Land Nurveyors 3U - A- -139-A 560 N. Loudoun St. BAKER JERRY R JR Winchester, VA 22601 3505 N FREDERICK PIKE WINCHESTER VA 22603.2915 30A - 2- - 26- _ THOMAS ERIN E 196 WOODRIDGE LN WINCHESTER VA 22603.2955 30A - 2- - 23- 0`NEIL JACOB N HALTERMAN JENNIFER I 207 WOODRIDGE LN WINCHESTER VA 22603.2954 - - 30A - 2- 22- WILSON EDWARD D WILSON MARY PAULA 201 WOODRIDGE LN WINCHESTER VA 30 - A- 139- MILLER ROY G MILLER PHYLLIS A 3467 N FREDERICK PIKE WINCHESTER VA 22603.2954 22603-2914 Dana M. Johnston, honing Inspector Frederick County lanning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I, , a Notary Public in and for the State and County aforesaid, do he • Eby certify that Dana 0. Johnston, Zoning Inspector, fort D partment of Planning and Development, whose name is signed to the foregoing, dated -�- , has personally appeared before me and acknowledged the same in my Sta e an County aforesaid. Given u: My com •TO:BARBARA-DATA PROCESSING FROM.BEV - Planning Dept. Please print s_b sets of I befy THANKS; 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 Erin E. Thomas Address 196 Woodridge Lane, Winchester, VA 22603 , Property ID # TM,#30A-2 26 ,'/ x Jacob N. O'Neil & Jennifer I. Halter -man Address 207 Woodridge Lane, Winchester VA 22603 Property ID # TM #30A72-23 Edward D. & Mary Paula Wilson Address 201 Woodridge Lane, Winchester VA 22603 Property ID # TM #30A2-22 v Roy G. Miller Address 3467 N. Frederick Pike, Winchester VA 22603 Property ID # TM #30-A-139 James W. Jr., & Cathy L. Wilson Address 109 Fortress Drive, Winchester VA 22603 Property ID # TM #30-A-139B f Jerry R. Baker, Jr. . Address 3505 N. Frederick Pike, Winchester VA 22603 Property ID # TM #30-A-139A Address Property ID # 5. The property is owned by 300N, LLC as evidenced by deed from Thomas M. Dickinson, Jr., Substitute Trustee recorded (previous owner) in Instrument no. 100001660 of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: Gainesboro 7. Property Identification No.: TM #30A-2-25 8. The existing zoning of the property is: 9. The existing use of the property is: 10. Adjoining Property: vacant 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.") 20' Right Side yard Variance and a 20' Left Side yard Variance for a proposed single family home 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 ofproperty, or the use or development of property immediately adjacent thereto Subject property was created in 1971. All adjoining lots were built on shortly thereafter. This lot is a very steep lot with slopes in excess of 30%. The lot is exceptionally narrow due to being a cul-de-sac lot that was created prior to current regulations. Location of a proposed well and drainfield site leaves a very small building area that can reasonably be accessed. Dwellings on adjoining lots were constructed prior to current regulations and would be considered non -conforming with regards to side yard setbacks. 7 Rebar Set _ Proposed / �-� Assumed' Meridian Well 7 TM #30A-2-26 Erin E. Thomas Inst. #100009222 Lot 26 1.425 Ac. / • ,60, 30 \ BRC 0 420, / \M 60- 42'p.. / \o A=69.47' R=50.00' D=79'36'24 C=64.02' CB=S 34'21'38" W TM #30A-2-23 Jacob N. O'Neil & Jeniffer I. Halterman Rebar Inst. #100004197 Found Lot 23-24 4.150 Ac. Notes: 1. Boundary shown hereon was determined by a field run survey performed under my ''82p direction. Proposed 2. This plat is subject to -Dw41ng easements and restrictions of �.. record. 3. No title report furnished. 1► \ Proposec / pes in \ Drainfield _-f34U-•_._•_ . / this~area \ dot• 2 5 _- ,.._ . � 41._Ac: -- -_ 60' BRA•"--_._. umen ~_'`- 1�0 12 N OQ _ I= TA'Z4' Concrete _ __ _ �`orrcrete Mmument /1i �6 Fou�d___Nortl%Ere�erick Pike __`Found �5•;S, Concrete - (U.S. Rte: w522)) \ - �p Monument variable width ._.__._._.__._._--��`'`�--�_ Proposed Land Development Plan Lot 25 Braddock Hills Estates, Section 2 300N, LLC TM #30A-2-25 Inst.#100001660 Gainesboro District, Frederick County, Virginia DATE.- 0612112012 SCALE.- 1 " = 50' 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®marshandlegge.com �PLT H OF MICHA L M. ARTZ ➢ Lic. No. 1513-B �qNO SUR'4 DRAWN BY.- MMA —1D9132 HC.dwg _ Proposed �— Assumed Meridian Well TM #30A-2-26----- Erin E. Thomas nst. #100009222 Loft 2b _.._.___ 1 .425 Ac. )nu Fay TE' A=69.47' R=50.00' D=79'36'24 C=64.02' r' CB=S 21'38" W TM #30A-2-23 -- -- Jacob N. O'Neil & Jeniffer I. Halterman • Rebar Inst. #100004197 Found Lot 23-24 4.150 AQ. ojo� �^ Notes: --- Boundary 1. Bda shown hereon was ?8�, � 2ao 42determined by a field run b 'p survey performed under my _..._ — direction. / Proposed 2. This plat is subject to 42'� '`�Dwetljng easements and restrictions of record. \ 3. No title report furnished. s o_ 0 / 30% this ea \ Proposed � es in'--, \Drainfield / Lock, 2 `141 A�... _...,. \ — — 60'__-- N106'1-5 Ir_.E-.' 1 :derick Pike '`~-u�d~—_ �,�:S M -Concrete te: "522)) Monument ___._� p �� .. le�— Found Proposed Land Development Plan Lot 25 Braddock Hills Estates, Section 2 300N, LLC TM #30A-2-25 Inst.#100001660 Gainesboro District, Frederick County, Virginia DATE. 0612112012 SCALE. 1 " = 50' SHEET 1 OF 1 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 PHONE (54016C§-0g8 = F° "O) 667-0469 — EMAIL office@morshandlegge.com '7 T hi OF V�'01 o� MICHAEL M. ARTZ Lic. No. 1513—B DRAWN BY.- MMA _ 1D91 J2 HC.d wg