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HomeMy WebLinkAbout01-13 Douglas Milburn - Opequon - BackfileBOARD OF ZONING APPEALS Variance Request Tracking Sheet OPEN FILE: /I -� File opened Reference Manual updated/number assigned �Ar D-base updated (� Location maps requested from Mapping Adjoiner list given to Planner Application Action Summary updated MEETING DATE: / FINAL ACTION: CLOSE FILE: Approval (or denial) letter mailed to applicant/copy made for file & cc's File stamped "approved", "denied" or "withdrawn" Reference Manual updated D-base updated 3 Application Action Summary updated Sys ID # CHARGE CARD FORM Name �ovS��cS ` �h���� Phone Company Name Address �> > �� �� �1c �►' City, State, Zip Code G0.'(`q_ V -A 3� Card Type VA S (21, Exp. Date U l Card#kA6t16 c�5�3 lot?) ��� Cvv16o) Signatur c �' Dateo - / J'- --13 Please Accept payment for the following fee(s) by credit card as noted below: (�) Item Budget Amount Code Booklets & Maps PCOl $ Description Proffers %odside Estates II 1OBH $ Saratoga Meadows IOBQ $ Valley Mill Estates 10CC $ Briarwood Estates II - IX 1OCN $ X Sign Deposit 1095 $ C5 C X Applications 'Vav i c.A1 <cZ ZASP $ (-1 O 0 - Zoning & Subdivision Ordinance PCO2 $ Sale of Amendments (Zoning/Subdivision ord.) PCO2 $ Sale of GIS Material 10 DL $ Subtotal $ 1 0 card user fee + A \r,hugecatdformwpd Total $ LA ) a RIE COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 May 22, 2013 Mr. Douglas W. Milburn 161 Three Oaks Drive Gore, VA 22637 RE: VARIANCE REQUEST 401-13 Dear Mr. Milburn: This letter is to confirm that the above -referenced variance application was approved by the Board of Zoning Appeals at their meeting on May 21, 2013. The request on parcel identified by Property Identification Number 86A-2-B-6 was approved by the BZA to allow a 30 foot left side variance, resulting in a 20 foot left side setback, and a 31 foot right side variance, resulting in a 19 foot right side setback, for a single family dwelling. The property is located in the Whitfield Subdivision, Double Church Road (Route 641), Lot 6, Block B, in the Opequon Magisterial District. If you have any questions regarding this action, please feel free to call this office. Sincerely, A Ch an Zoning Administrator MRC/bad cc: Bill M. Ewing, Board of Supervisors, Opequon District Roger Thomas and Brian Madagan, Opequon District Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue John Trenary. Building Official 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 .4 0 � BILE COH 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: May 23, 2013 The amount of $50.00 was deposited in line item #3-010-019110-0008 for Mr. Douglas Milburn. He had a deposit for one sign for a Variance #01-13. Mr. Milburn 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: Douglas Milburn 161 Three Oaks Dr. Gore, VA 22637 RSA/pd j'�j13 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 VARIANCE APPLICATION #01-13 DOUGLAS W. MILBURN Staff Report for the Board of Zoning Appeals Prepared: May 1, 2013 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: May 21, 2013 — Pending LOCATION: Whitfield Subdivision, Double Church Road (Route 641), Lot 6, Block B MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 86A-2-B-6 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: Residential VARIANCE REQUESTED: The applicant is requesting a 30 foot left side variance, resulting in a 20 foot left side setback, and a 31 foot right side variance, resulting in a 19 foot right side setback, for a single family dwelling. REASON FOR VARIANCE: The current setbacks for the RA zoning district eliminate a buildable area on this property. 0 0 Variance #01-13 — Douglas W. Milburn May 1, 2013 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 district to the current RA (Rural Areas) Zoning District, making the current setbacks for the property 60 feet to the front, 50 feet to the rear, and 50 feet to both sides. The property has a road frontage of one hundred feet and a depth of approximately two hundred forty-one feet and is a little over half an acre. Based on the small size of this property and the large setbacks associated with the RA zoning district, staff believes this does produce an undue hardship. The applicant is requesting a 31 foot right side variance, resulting in a 19 foot right side setback, and a 30 foot left side variance, resulting in a 20 foot left side setback, for a 1,680 square foot single family house. Staff would note that due to lot sizes within this subdivision, the majority of homes are located closer to the side property lines. Therefore, the approval of this variance will not be a substantial detriment or change the character of the subdivision. STAFF CONCLUSIONS FOR THE MAY 21, 2013 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. It appears that this variance meets the intent of the Code of Virginia, Section 15.2-2309 (2). This request from the current setbacks of the RA zoning district may be justified. 86A 2 a✓ 86.4 2 86A 3 84 B3 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) 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) B6a 2 BS q ,.s - Mf "�ww-wmq � XK Note: VAR # 01 - 13 Frederick County Dept of Planning & Development Douglas Milburn 107 N Kent St PINS: Suite 202 e 86A - 2 - B - 6 Winchester, VA 22601 Left and Right Side Variances 540 - 665 - 5651 Map Created: April 17, 2013 Staff: djohnston 0 50 100 200 Feet • • APPLICATION FOR VARIANCE FREDERICK COUNTY, VIRGINIA -OFFICE USE ONLY - Variance Application # Submittal Deadline Submittal Date For the BZA Meeting of Q Fee Amount Paid Sign Deposit Paid �5_b V Initials: ?_P Receipt # DJ A MUST BE TYPED OR FILLED OUT IN INK — PLEASE PRINT The applicant is the owner _�41_ 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: OCCUPANT: (if different) I�� U� NAME: J© q, �( ADDRESS: .QR�aJ��2ADDRESS: _ C�orct, VA ';Lgb �� TELEPHONE: 0 3 d d% / 354 TELEPHONE: 3. The property is located at (give exact directions and include State Route Numbers): 4. The property has a road frontage of i ci 0 feet and a depth of Z'/1 T-3 feet and consists of `-y, '± , , pf wr6s (please be exact). 5. The property is owned by :POY &CAS W . M, I Lit r,)'0-0,lNA G- A bps evidenced by deed from J&S6 AU M 1 1-1 ag- A•w L-r -Aff � 4 recorded (previous owner) in deed book no. 3 IL/ c/ on page 7 6. 7. 8. 9. L $a or instrument number ) Z o 6 i ti A "vim of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. Magisterial District: 0 f- L4 ro Property Identification Number (P.I.N.): 9 6 A _ The existing zoning of the roe is: c�b g P P rtY � iz�(4a,� Imo'- 5 The existing use of the property is: VA C4Af 7 ­ 10. Adjoining Property: USE North ( - r`oL,4:,, East South West S A _ ZONING WtIA u�4 as -) Ang's.)`J 11. Describe the variance sought in terns of distance and type. (For example: "A 3.5' rear yard variance for an attached two -car garage.") f ' e. Y4 0 e1C - 12. List specific reason(s) why ti variance is being sought in terms of, such as: ® 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 N. • 13. Additional comments, if any: 14. The following names and addresses are all of the individuals, films, 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 and Property Identification Number Address Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # • 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. 10 NNITFI9LD ` SECTION 2 OPMUOY DISTRICT FRiDERICK MUM VIRCINI ?6� a Scale T"+ 100, M47 1968 SURVEYOR'S CPRTIFICATE k �'"� ` 4 •` rn� � r :� I hereby certify that the Alas ehovn hereon in a subdivision of theresteinder of the land conveyed 1 °b 'yd•Nd _ by James Ai Tin Recey to Jones L. Bovda by Deed dated July 19,19E5 .}: •y •�i '%� -end recorded in the lood records of Frederick County Virginia in � MY �• - � � ,3`• 2GQ9� Deed Book 312 at P 543. let" o /Z Hey 20, 196 an n R. Shortt 17 .00 • 2/ils4 Am aj 4W., 'Z ate'' 3 0 v ,F .??7W6 A. h DI(A3 x� C.t �s 1S 4-,re32 • 4 �- /o - B ii N'�'dd N�So pow, 4 +� o�� °�► 1 �,�� > l:.attFILA1l Ift AK R 7 f 2004, I274 6#1f T IWAS "w . 'fa /no Am" rr 'Y# i QUENTIN R. SHORTE B P.x1aa a%w 4w Id-wo QERTIFIED LAND SURVEYOR 9 8X40, -'-- �'PJ ']f �qlt Lr3G "dC r BOMCE. V Am VIRGW fR®BKK.K COUNTY. SQ. C, �' I .ar o'yad—d(�ai�w) o'� �ha day oIrar ti / Tin nMrumwd .ruins aNe kanacad � f a/aiaed to racad. a ► .4 t Clwk 1 Front Elevation Scale: 1 /4'= l'-A" General euildinc Notes: Right Elevation All smoke detectors to be interconnected. Provide attic light and outlet for Radon fan In Attic. Scale: 1 /4"-V-0" Leave a min. of 8" of all foundation walls exposed after backfili.�� All column to beam connections to be bolted, All joists to be doubled when supporting HVAC equipment and at all floor penetrations. All framing lumber to be SPF #2 or better U.N.O. All hallways and stairways to be 36' min, finished. All stairs to have a max. of 8 1/4" finished riser and a min. of a 9" finished tread. All bathrooms to have a min. of 6'-8" headroom over fixtures and 21" clearance in front of tubs, toilets and lavatories and 24" in front of shower opening. Ail handrails to be installed at 34% 38". All doors between garage and living space to be firerated. Tempered glass shall be required over bethtubs, adjacent to doors within a 24" door arc, When glass is within 18" of floor, and In stairways. W U Z LU 0 Cn ly- LU D CO J J_ U J J CO) In r C c C'4 Vl � Y � a= o U 2 E� 0 00 In U 0 LI _ Y FZc ED_D,!1 I; Lr'i %' A*SI3t' - Y a _ O 2 << 2 2SJr/= o Jix C. D - yN, c /o lk �. 54 17-3t.. 1r c�T 5411-3(bi LAND ~r A ,s 2e1.111-, 42x Z40 E3t21- Sul <wAdF m1w AMD Pt :k- QUENTIN R. S B 2SAw alw y•5o 1640g 14427 Ar CERTIFIED LAND . VIRGM FREDERICK COUNTY. SC - C� �� IN4 Tfrs kwrument of wrilino was produced to me on the day cf - i1!? f) r1 r ,and with cer�d.c 60 clmowmdom*M fMtoto b i mxed 4s odmttt.d at t to record. Clerk • • AGREEMENT VARIANCE # 6 / -- /,,3 (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. A SIGNATURE OF APPLICANT, DATE SIGNATURE OF OWNER (if other than applicant) DATE -OFFICE USE ONLY- BZA PUBLIC HEARING OF 6 A / ACTION: -DATE- APPROVAL QD IAL SIGNED: , DATE: 5 - 2 1 - / '? BZA CHAIRMAN 11 0 0 0 0 0 In a� ro t> to a) �+ QQ U) i I N U] QN N U) ru cn 0 � Is o (1) �4Ol0 � >oCQ -C� o QQ O (Y-) W —1 C7 Ti)- co m �4 o -0 —1 -0 a-) o H �a +-1 m �4 o ro 0 U EH GREGORY F. HUTCHINSON ATTORNEY AT LAW 124 S. BRAOOOCK ST. /INCHESTER, VA 22601 1200120212 c� �� jj �l� THIS DEED, made and dated this `7" day of October, 2012, by and between JASON M. LINEWEAVER, sole heir -at -law of SHARON KAYE LINEWEAVER, deceased, - hereinafter called the Grantor; and DOUGLAS W. MILBURN and DONNA L. MILBURN, husband and wife, hereinafter called the Grantees. WIT14ESSETH: That for and in consideration of the sum of Ten Dollars, and other valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey with General Warranty and English covenants of title unto the Grantees, as tenants by the entireties with common law right of survivorship, the following property: All that certain lot or parcel of land, together with the improvements thereon, on the east side of Whitfield Avenue in Opequon Magisterial District, Frederick County, Virginia, designated as Lot No. 6, Block B, on the plat and survey of Quentin R. Snortt, C.L.S., dated ,kprii 20, 1968, and attached to the deed of dedication of Whitfield Subdivision, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 344, at Page 150; AND BEING one of the two parcels conveyed by Jean Copp Campbell and Owen T. Campbell to Bruce A. Lineweaver, Jr. and Sharon K. Lineweaver, husband and wife, as tenants by the entireties with common law right of survivorship by deed dated November 28, 1986, of record in the aforesaid Clerk's Office in Deed Book 632, at Page 786; Bruce A. Lineweaver, Jr. died on September 20, 2011, a resident of Polk County, Florida, and his interest in the property passed to his widow by the survivorship provision of the aforesaid deed; Sharon Kaye Lineweaver died intestate on April 27, 2012, a resident of Kissimmee, Florida, and she was survived by her son and sole heir -at -law, Jason M. Lineweaver. Reference is hereby made to the aforesaid instruments and the attachments and the references therein contained, for a more particular description of the property hereby conveyed. This conveyance is made subject to all easements, rights of way and restrictions of 0 . GREGORY M HUTCHINSON ATTOPNEYAT LAW 126 8. BRA0000IG 9T. WINCHESTER, VA 22801 record, if any, affecting the subject property. WITNESS the following signature and seal: (SEAL) S . LINEWEAVER STATE OF Condo, CITY/COUNTY OF , to -wit, I e foregoin instrument was acknowledged before me in my City/County and State this day of 4r, 2012, by JASON M. LINEWEAVER My Commission Expires: — ` -------- yow'n NOTARY VIC o " e;,, KAREN GEORGE 3 _* •° c Notary Public -State of Florida M � My Comm. Expires Jun 18, 2013 0 Commission # DD 900448 VIRG1XM FREDERICK COUNTY produced to - P. This �trtiment of writing was at 'to anne _zz,gand with certificate acknowledgement Sec. 58.1-80� of was admitted to record. Tax imp Y 0 49, and 58.1-801 have been paid, if Messable. I.w , Clerk COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING May 7, 2013 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #01-13 OF DOUGLAS W. MILBURN On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, May 21, 2013, at 3:25 p.m., in the Board Room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. Variance Request #01-13 of Douglas W. Milburn for a 30 foot left side variance, resulting in a 20 foot left side setback, and a 31 foot right side variance, resulting in a 19 foot right side setback, for a single family dwelling. This property is located in Whitfield Subdivision on Double Church Road (Route 641) Lot 6, Block B, and is identified with Property Identification Number 86A-2-B-6 in the Opequon 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. Dana M. J Zoning In: DMJ/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify ghat,, the attached correspondence was mailed to the following on /Z, from the Department of Planning and Development, Frederick County, Virginia: 86A 2• A- 7- 86A - 2- B• 6- PEER JESSICA L MILBURN DOUGLAS W 105 WHITFIELD CIR MILBURN DONNA L 161 THREE OAKS DR STEPHENS CITY VA 22655 GORE VA 22637.1866—-- 86A - 2• B- 7- HAYES WILLIAM L j HAYES SARAH 0 108 WHITFIELD CIR STEPHENS CITY VA 22655-3201 86A -2-0- 5- METZ BARBARA PO BOX 354 STEPHENS CITY VA 22655.0354 i _- -_-_ - --- 86 - A• • 53- � STILES SHERRY LYNN i 1049 DOUBLE CHURCH RD STEPHENS CITY VA 22655-3216 86A - 2- A- 8- MILLER BARBARA SIRBAUGH ETALS 111 DAMARIS LN CROSS JUNCTION VA 22625.2286 ( % _ J ana M. Johnstor oning Inspector Frederick Countj Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, dot reby certify that an . Johnston, Zoning Inspector, for the Department of Planning and Development, whose naive 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 %c: My commission expires on BEVERLY H. DELLINGER ��fr NOTARY PUBLIC REGISTRATION # 331878 NOTARY &BLIC COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES JULY 31, 2016 old 13. Additional comments, if any: TOARBARA-DATA PROCESSING FROW BEV - Planning Dept. Please pri t sets of labels by THANKS! 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 and Property Identification Number F Address Name � r IOIM �. /a Gt QS Gvti: it 5410� v'S 0Iy , VA s2t sy'- Property # 9� A - a - 7 l/ Name Alla S�.-. S C t i-� V �' 22 LS'� Property #. goo /4 ' a, ` 5 Name 5 rr SLcpl, 5 014,�, VA rz� Property # .�- - . �. � - 3 Name fl 21 r ' vt q h Y A t' 14 2 F-TG CiaSS V ltil�C�l� i V iA Property # , e6A . .. - g Name i rC L `., Property #` --��' Name Property # Name Property # Name Property # 0 g o m � -p rn j 0 ------------- ---------- =mmmmmm if tI 1111.1m mmmmmmmmmm REV SIONS: DATE 3/I/13 Custom House Designs, LLC DESIGN 843 Specks Run Rd MILLBURN RESIDENCE A-2 DRAWN CUSTOM HOUSE DESIGNS Bunker Hill, WV 25413 DWG # 13-113 0 • 8 0 0 0 CL n A � b :2 u Ira r�---------------- -___-__-_------- -_-__--------------- --------- -_-_ ----------------------------- - ----- ------------ ice---------------- 'r--------- r----- ----------------------- --------------- --- ------------- ' I 12•-W 9•-0' 'al 33'd -=J �1 0 I $c°o � 1 m n� ' 1 1 m �_; ■ I � oom � I I �. a`o � ; I �I I{ e I a I _ 1 ■ �N� ■ I N � b � W � I Iti SPF T12�10 FJ.®1Cot � 1 J ■ O ' A � ° m � 1 � � a 8 I ■s? I � b I � 1 � I w•1 i y.a i R p�sslrsamcae+r � U � I' � ' �� •+��T TI� Z o c° g f o m TTZ C D° m 1 3 °�=Qm^w o gg m3 mr� i i ; F - mmwc�om om�g�$ amga�gs 3' +� dwm aao,Z goo 4� g�'m K m�gam_mm 3 b � m .... IOi 9GG ff h10F1A1F OA � n1 m ' m N A � I mQ ma I ��m- I REVISIONS: DATE 3ni13 Custom House Designs, LLC DESIGN +- --843 Specks Run Rd M I LLBURN RESIDENCE A-3 DRAWN CUSTOM HOUSE DESIGNS Bunker Hill, WV 25413 DWG # 13-113 0. s-a}• I - -- 1: 1 b I ,gym a m n -_-_____J a m i S T A r '00-0'r I -9• m I T L mcz Dz o 5 c m m 76 g•� y'� oy.T II - � m n a 42r m, m p n # F a m i T N c F r m � I � S REVISIONS: ' DATE 3/1/13 Custom House Designs, LLC DESIGN 843 Specks Run Rd MILL DRAWN CUSTOM HOUSE DESIGNS Bunker Hill, WV 25413 DWG # 13-113 BURN RESIDENCE A-4 u 1� u ' DATE 3/1/13 Custom House Designs, LLC DESIGN 843 Specks Run Rd MILL DRAWN CUSTOM HOUSE DESIGNS Bunker Hill, WV 25413 DWG # 13-113 BURN RESIDENCE A-4 u 1� u