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HomeMy WebLinkAbout06-13 Michael Milam - Gainesboro - BackfileBOARD OF ZONING APPEALS Variance Request Tracking Sheet OPEN FILE: 1 I a 13 File opened 111z,zj\,3 Reference Manual updated/number assigned 1 1 ILI 13 D-base updated (3 Location maps requested from Mapping j Adjoiner list given to Planner I I pplication Action Summary updated MEETING DATE: (ate I (3 FINAL ACTION: CLOSE FILE: 1 1� l3 Approval (or denial) letter mailed to applicant/copy made for file & cc's 115 File stamped "approved", "denied" or "withdrawn" 1 (� 15 Reference Manual updated 1 13 D-base updated i Q Application Action Summary updated Sys ID # a(Q(Da AD( 5b ��- 1 RECEIPT ACCOUNT HOW PAID AMT. OF ACCOUNT CASH AMT. QQ PAID SJl ((�� Law- BALANCECHECK MONEY DUE ORDER � N-adtaKer, �y Pam Deeter From: Bonnie Waybright Sent: Tuesday, January 13, 2015 3:05 PM To: Pam Deeter Subject: RE: Sign Deposit Thank you, Pam. A replacement check will be issued on 1/30/15. Bonnie From: Pam Deeter Sent: Tuesday, January 13, 2015 2:58 PM To: Bonnie Waybright Subject: Sign Deposit Good afternoon, Would you please reissued Mr. Mike Milam #06-13 (Variance) a $50.00 sign deposit check. I spoke with Mr. Milam today and he remembers receiving the check but not cashing it. Thanks Bonnie. Pam Deeter Frederick County Planning Dept. 107 N. Kent Street, Suite 202 Winchester, VA 22601 540-665-5651 1 Pam Deeter To: Bonnie Waybright Subject: Sign Deposit Good afternoon, Would you please reissued Mr. Mike Milam #06-13 (Variance) a $50.00 sign deposit check. I spoke with Mr. Milam today and he remembers receiving the check but not cashing it. Thanks Bonnie. Pam Deeter Frederick County Planning Dept. 107 N. Kent Street, Suite 202 Winchester, VA 22601 540-665-5651 COUNTY of FREDERICK artment of Planning, and Development 540/665-5.651, 79 3 1. FAX: 540/ 665-6395 VIIIIIIIIn�IIIIIV�IIIN01Nllllll� 0000029266 TO: Finance Deparhnent MEMORANDUM FROM: Shannon Conner, Office Assistant III .S.UBJECT:• - Return of Sign Deposit DATE: June 10, 201-4 'Fmtle[I& County RECEIVED ,lUN 112014 Finarice DeWtment The amount of $50.00 was deposited 'in line item #3-010-01.9110-0008 for Mike Milain. 14e had subrxfitted a deposit for bne. sign for Conditional Use Permit# 06-13. Mr. Milazn has returned•the .sign and is therefore entitled to the return of the fee. You may pay -through the regular bill cycl6. Please send a check in the amou of $50.00 to: Mike Milam 632 Lake Serene Dr. Winchester, VA 22603 RSA/sc VENDOR739g��� INV. DATL<�- l 0 ;�O I L4 INVOICE # �$ 0 DUE DATC-3(2�--1 L4P.O,. # PREP. BY DATE WAL_ t'A - 1P aftIV-1 QA 107 North Kent'Street, Suite. 202 Winchester, Virginia 22601-5000 0 T A X R E C E,• I <P,.. f' : `` Ticket #: 00006890001 y FREDERICK COUNTY Date 11/25/2013 C. WILLIAM ORNDOFF,'. ... Register: LRE LREI / _ P.O. BOX 225 Trans. #: .r 01536 WINCHESTER VA,•-�`2$04�022 .. •:. ;.-, : :F t "Acct# - Vpre" SIGN DEPOSITS PLAN{! Tft ` ,Y:Y' .:'•<:' "zt` : ` 4,. ; :a 'bus Paid $ 50.00 ere PLANNING >:?•' "''.ia' :„::� ::a',. �. ,AMoun�t:?Paid $ 50.00 Due $ .00 Pd by PLANNING : > .CheCkz'.'f14'212.34 #VARIOUS BALANCE DUE INCLUDES Ph'NAL;`Y/I-NT-E LS'i;.�U,.T-H9 NdiTH 11/2013 c. y e Date: 11/06/14 Accounts Payables Paid Check Inquiry Time: 15:27:47 001 - COUNTY OF FREDERICK VA. Company Number: 001 Vendor: 999999 MIKE MILAM Invoice Number: 855788 Correction: Invoice Date: 6/10/2014 Check Number . . . .: 0671290 Paid . . . .: P Check Date . . . . .: 6/30/2014 Due Date . .: 6/30/2014 Gross Amount . . . .: $50.00 Manual Check: R Cash Discount . . .: $.00 Terms Code Net Amount . . . . .: $50.00 Terms Desc G/L Number . . . . .: 30100191100008 Description . . . .: SIGN DEPOSIT Entry Date . . . . .: 6/25/2014 Batch# . . .: 21122 Process/Print Date 6/26/2014 Reconciliation Code Refund Reason Code..: Accounting Period: 201406 P.O. Number . . .: 00000 Control Number .: 1099 Vendor . . Additional Desc.....: F3=Exit F11=Pcard Detail i COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 5401665-6395 MEMORANDUM TO: Finance Department FROM: Shannon Conner, Office Assistant III SUBJECT: Return of Sign Deposit DATE: June 10, 2014 The amount of $50.00 was deposited in line item #3-010-019110-0008 for Mike Milam. He had submitted a deposit for one sign for Conditional Use Permit # 06-13. Mr. Milam has returned the sign and is therefore entitled to the return of the fee. You may pay through the regular bill cycle. Please send a check in the amount of $50.00 to: RSA/sc Mike Milam 632 Lake Serene Dr. Winchester, VA 22603 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 • ------ -- ----- --- ------ - - NOTES RECEIPT 4• Kx' DATE' �^ NO. 855788 RECEIVED FROM �1-' U f1", i Qn F �'Cl t�• ,' �, f) at/ l I ('. 4 ADDRESSI Q f -L-1 Yi . i di -Ill I -;4u, Q FOR Q ? ` y_7J� UL P ^E f BY���+ t t ©2��� ® 8L818 ACCOUNT HOW PAID AMT. OF ACCOUNT CASH d� CHECK PAID BALANCE MONEY DUE ORDER � • M F COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 December 18, 2013 Marsh & Legge Land Surveyors, P.L.C. Mike Artz 560 N. Loudoun St. Winchester, VA 22601 RE: VARIANCE REQUEST #06-13 Dear Mike: This letter is to confirm that the above -referenced variance application was approved by the Board of Zoning Appeals at their meeting on December 17, 2013. The request on parcel identified by Property Identification Number 31 B-1-14 was approved by the BZA to allow a 48.7 foot right side yard variance, resulting in a 1.3 foot right side setback for an addition to a single family dwelling. The property is located at, Lake Serene Drive in the Lake Serene Subdivision, located off U.S. Route 522 North in the Gainesboro Magisterial District. If you have any questions regarding this action, please feel free to call this office. Sincerely, /aZrkR.Cheran Zoning Administrator MRC/pd cc: Mike Milam, 632 Lake Serene Dr, Winchester, VA 22603 Robert Hess, Gainesboro District Supervisor Charles Triplett and Kevin Kenney, Gainesboro District 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 #06-13 MICHAEL M. MILAM Staff Report for the Board of Zoning Appeals Prepared: December 2, 2013 Staff Contact: Mark Cheran, Zoning Administrator 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: December 17, 2013 — Pending LOCATION: The property is located at 485 Lake Serene Drive in the Lake Serene Subdivision. Take 522 North, turn right onto Cedar Grove Road (Route 654), left onto Saint Clair Road (Route 677), and left toward Lake Serene Drive. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 31 B-1-14 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Use: Vacant South: RA (Rural Areas) Use: Lake East: RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Residential VARIANCE REQUESTED: The applicant is requesting a 48.7 foot right side variance resulting in a 1.3 foot right side setback for a single family dwelling. REASON FOR VARIANCE: Frederick County adopted zoning in 1967. The Frederick County historical zoning map shows this property was zoned A-1 (Agricultural Limited) in 1967. The property setback lines at the adoption of the zoning ordinance were 3 5 feet for the fronts and 15 feet for the side yards. Frederick County amended its Ordinance in 1989 to change the A-1 (Agricultural Variance #06-13 — Michael M. Milam Page 2 December 2, 2013 Limited) District to the current RA (Rural Areas) District, with setbacks for this property 60 feet to the front, 50 feet to the rear, and 50 feet to both sides. STAFF COMMENTS: The applicant has applied for a variance to construct an addition to an existing dwelling. This addition will be a one (1) story breezeway that will connect to an existing garage. Therefore, the property cannot meet the current setbacks associated with the RA (Rural Areas) District. The applicant is requesting a variance of 48.7 feet on the right side property line from the current 50 foot setback side requirement of the RA (Rural Areas) District. This variance, if granted, would result in a 1.3 foot right side yard setback. STAFF CONCLUSIONS FOR THE DECEMBER 17, 2013 MEETING: The Code of Virginia 1950 as amended 15.2-2309(2) and Section 165-1001.2(C) of the Frederick County Zoning Ordinance states that no variance shall be granted unless the application can meet the following requirements: The strict application of the Ordinance will produce an undue hardship, the hardship is not generally shared by the properties in the same zoning district and vicinity, that the authorization of such variance will not be a substantial detriment to adjacent property, and the character of the district will not be changed by the variance. This proposed variance does not meet the intent of the Code of Virginia, Section 15.2-2309 (2) or Section 165-1001.2 (2) of Frederick County. Therefore, this request for a variance from the current setbacks of the RA (Rural Areas) District may not be justified. CA1 QlA'A'l rs, O *VAR06'13 Uw. �. '.„ sit POW t��,DflO 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) r R5 (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) Note: VAR # 06 - 13 Frederick County Dept of Planning & Development Michael Milam 107 N Kent St PINS: Suite 202 e 31 B - 1 - 14 Winchester, VA 22601 Variance 48.7 ft. 540 - 665 - 5651 Map Created: December 2, 2013 Staff: mcheran 0 50 100 200 Feet • Notes: 1. Boundary shown hereon was determined by a field run survey performed under my supervision.. 2. This plat is subject to easements and restrictions of record. 3. No title report furnished. Rebar Found Za v; Shed �o N.� l Cry TM #31B-1-13 Mark S. Eckhouse & Janet S.Eckhouse Inst. #110006030 Lot 13 PK Nail Found 1.3' Lake Serene Drive 40' Wide Private Road S 60*07'10" E 150.93' Lot 14 0.9232 Ac. 60' BRL � I o 1 Proposed I f One Story W I Addition m mIo Li v � Z 50' BRL M Rebar Found kebar Set N 59'07'56" W 114.93' Lake Serene Proposed House Addition Lot 14 Lake Serene Gainesboro District, Frederick County, Virginia Scale: 1" = 50' Date: November 20, 2013 Present Owner: Michael M. Milam TM #316-1-14 Inst. #120006215 ID9549 �0 0 .O Rebar Found TM #31B-1-15 Robert R. Sigl & Delmara F. Bayliss Inst. #030028029 Lot 15 1 r�PLT H OF L0�O MICHAEL M. ARTZ Lic. No. 1513-8 Ifi�/�� 6&vo SUR'J �o �J Marsh Legge '4� Land Surveyors, rveyors, P.L.C. 560 North Loudoun Street Winchester, VA 22601 Phone (540) 667-0468 FAX (540) 667-0469 EMAIL office©marshandlegge.com 2 1 APPLICATION FOR VARIANCE FREDERICK COUNTY, VIRGINIA -OFFICE USE ONLY - Variance Application # 06-13 Submittal Deadline Submittal Date ► , For the BZA Meeting of 1 -7 13 Fee Amount Paid $4} 0 , 0j Initials: Receipt # gS5 �j Sign Deposit Paid © . O MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT l . The applicant is the owner F-1 other I y l . (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: Michael M. Artz ADDRESS: 560 North Loudoun St Winchester, VA 22601 TELEPHONE: 540-667-0468 OCCUPANT: (if different) NAME: Michael M. Milam ADDRESS: 632 Lake Serene Drive Winchester VA 22603 TELEPHONE: 540-974-3523 3. The property is located at (give exact directions and include State Route Numbers): 4 5. South side of Lake Serene Drive,0.2 miles east of intersection with Saint Clair Road (Va. Rte. 677) The property has a road frontage of 150.93 feet and a depth of 350 feet and consists of 0.9232 acres (please be exact). The property is owned by Michael M. Milam as evidenced by deed from David J. & Christina M. Bowman recorded (previous owner) in deed book no. on page or instrument number #120006215 of the deed books of the Clerk 7 13. Additional comments, if any: Boundary Llne Adjustment with the neighbor is not an option due to pre-existing Zoning non -conformities. The location of the Proposed Addition is the most financially reasonable option for expansion of the existing dwelling. An expansion in the front would significantly affect the aesthetics of the existing log dwelling. An expansion in the rear would need to be two stories and would destroy/impair the view of Lake Serene for the adjoining Lot 15. 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 Address Name Mark & Janet Eckhouse 620 Lake Serene Drive Winchester, VA 22603 Property#31 B-1-13 re Robert Sigl & Delmara Bayliss 642 Lake Serene Drive Winchester, VA 22603 erty #31 B-1-15 Name Lake Serene Inc. 594 Lake Serene Drive Winchester, VA 22603 Property # 31 -A-1 00 Name Property # Name Property # Name Property # Name Property # Name Property # 6 4 0 of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: Gainesboro 7. Property Identification Number (P.I.N.): 31 B-1-14 8. The existing zoning of the property is: RA 9. The existing use of the property is: Residential 10. Adjoining Property: North East South West USE vacant (open space) residential Lake Serene residential RA RA RA RA 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.") A 48.7 foot variance for an existing 2 car garage that currently is connected to the existing dwelling by an existing enclosed Breezeway. It is proposed to replace the existing Breezeway with a 1 story addition to the westerly side of the existing Dwelling that will extend and connect to the existing Garage. 12. List specific reason(s) why the 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 The entire Lot is exceptionally narrow and existing structures predate existing zoning setback regulations. The detached Existing Garage needs a variance because the proposed structure that will replace the existing Breezeway will attach the garage to the existing dwelling and would then be considered part of the main structure. The new structure will not be any closer to the existing property line than the existing garage. • AGREEMENT VARIANCE # (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. t SIGNATURE OF APPLICANT DATE I / fi:�z Z SIGNATURE OF OWNER DATE 4 " IXJ 3 4 (if other t an a plicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF 2 / %- /.3 ACTION: -DATE- APPROVAL M SIGNED: BZA CHAIRMAN DATE: 12 '/ 7!3 11 C� 11 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.co.frederick.va.us 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) (blame) Michael M. Milam (Phone) 443-994-3288 (Address) 632 Lake Serene Drive, Winchester VA 22603 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 120006215 on Page Parcel: 31B-1-14 Lot: 14 Block: Section: do hereby make, constitute and appoint: (Name) Michael M. Ariz and is described as Subdivision: Lake Serene (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) -_Conditional Use Permit _Master Development Plan (Preliminary and Final) _Subdivision Site Plan -_Variance or Appeal My attorney -in -fact shall have the authority to offer proffered conditions and to snake amendments to previously approved proffered conditions except as follows: `��t��rrrrrrns This authorization shall expire one year from the day it is signed, or until it is otherwiseev :or•, i d. In witness thereof, I (we) ve ereto se y (o r) hand and seal this day of Signature(s) {AEG. #315566 p D(PIRES • Z State of Virginia, City/cpunty of To -wit: ' ��,�'•, r o ` �� _�.•• *kE ... H•o��` a Notary Public in and for the filrjWT, ipn-.k` oresaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this LLI day of M ov, , 20 13 . My.Commission Expires: a'J, Notary Public 0 0 0 0 0 In Ln 7 O,J a S rJ -o sd N m kA u) Q� u 3�0 o at U} M to N s4 0 •11 v 4J o � ro2 s4 v �n -) -1�E; a m ro cx s4 o ro CD U E-1 OR@CiORY F. HUTCHINSON ATTORNEYATL W 124 E. ERADDOCK ST. 4NCHES=R. VA22601 CD 190006215 N' THIS DEED, made and dated this 1_1 day of �v Ak) , 2012, by and between DAVID J. BOWMAN and CHRISTINA M. BOWMAN, husband and wife, hereinafter called the Grantors; and MICHAEL M. MILAM, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars, and other valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby grant and convey with General Warranty and English covenants of title unto the Grantee, in fee simple, the following property: All that certain lot or parcel of land, with all rights, rights of way, improvements thereon and appurtenances lying and being situate in Gainesboro Magisterial District, Frederick County, Virginia, and designated as Lot No.14 on the plat of Lake Serene, which plat is recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 356, at Page 147; AND BEING the same property conveyed from James R. Robinson and Lynn S. Robinson to David J. Bowman and Christina M. Bowman, of record in the aforesaid Clerk's Office as Instrument No. 100004307. 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 record, if any, affecting the subject property. WITNESS the following signatures and seals: �'`�`�`` (SEAL) DAV1D B AN • N co QREOORY F. HUMMINBON T TpRNE LAW 124 S. B D.CK ST. IINCHEST R. VA 226a1 (SEAL) CHRISTINA M. BOWMAN STATE OF VIRGINI A,, CITY/STY OF 1W MQV) � , to -wit: The foregoing instrument was acknowledged before me in my City/County and State this 14tl- day of 2012, by DAVID J. BOWMAN and CHRISTINA M. BOWMAN. My Commission Expires:ti�� PUBAC VIT DCr" �rz P' B� ._ R� G. pUyPt'n; %��j'•. 41301. WE A VIRGINIA.- Fh_-DERICk COUN'1'Y.SCf. This instrument of writing was produced to me on ��E I' f, _ t - �}"/ 2 ?M and with certilicatc ack,,,1vdgcment thereto annexed was admitted to record. Tax imposed by See. 58.1-802 of $ , and 58.1-801 have been paid, if assessable. ��10 , Clerk Notes: 1. Boundary shown hereon was determined by a field run survey performed under my supervision.. 2. This plat is subject to easements and restrictions of record. 3. No title report furnished. Rebar Found 2 0 U Shed I N_\ PK Nail TM #3113-1-13 Found Mark S. Eckhouse & 1.3' Janet S. Eckhouse Inst. #110006030 Lot 13 3 0 Rebar Found Prn�nnSorl I-In�ce pdjtinn Lot 14 Lake Serene Lake Serene Drive 40' Wide Private Road S 60'07'10" E 150.93' Lot 0.923 60' 1 o_ � Ir r Existing I Enclosed Breezeway xisting Garage ) i y Existing 1 5.0' --- _ Story Dwelling � LT Propd One Story J w 1 Addition J m _ o 60 Z full 50' BRL N 59'07'56" W 114.93' Lake Serene Gainesboro District, Frederick County, Virginia Scale: I" = 50' Date: November 20, 2013 Present Owner: Michael M. Milam TM #3113-1-14 Inst. #120006215 ID9549 Rebar Set 00 00 orn Rebar Found TM #31B-1-15 Robert R. Sigl & Delmara F. Bayliss Inst. #030028029 Lot 15 L1 H OF V MICHAEL M. ARTZ I ;r, No. 1513—B 1( /-Z�/o E 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 N DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY, VIRGINIA W E GIS, MAPPING, GRAPHICS WORK REQUEST S DATE RECEIVED: I _ Z 7 REQUESTED COMPLETION DATE: 1 D-1 g I( 3 REQUESTING AGENT: �c� �1 •�� �l Department, Agency, or Company:_ Mailing and/or Billing Address: Telephone: E-mail Address: FIetn 0°,n ESTIMATED COST OF PROJECT: FAX: RIE COPY (10)o, � CRIPTION OF REQUEST: (Write additional information on back of request) vo-Y, CN� kl�_ o L,- ► 3 Vo,r "��� � C b-13 PEN 316-l-lq 0'1� hv,1� 1 DIGITAL: PAPER: FAX: E-MAIL: SIZES: COLOR: BLACK/WHITE: NUMBER OF COPIES: STAFF MEMBER: COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: HOURS REQUIRED: AMOUNT PAID: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING December 3, 2013 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #06-13 OF MICHAEL M. MILAM On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, December 17, 2013, at 3:30 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 #06-13 of Michael M. Milam, submitted by Marsh & Legge Land Surveyors P.L.C., for a 48.7 foot right side yard variance, resulting in a 1.3 right side setback for a single family dwelling. This property is located on the South side of Lake Serene Drive, 0.2 miles east of the intersection with Saint Clair Road (Route 677), and is identified with Property Identification Number 31B-1-14 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, �r Zoning Administrator MRC/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on 1 `3 from the Department of Planning and Development, Frederick County, Virginia: 31 B - 1- - 14- MILAM MICHAEL M 632 LAKE SERENE DR WINCHESTER VA 13- ECKHOUSE MARK S ECKHOUSE JANET S 620 LAKE SERENE DR WINCHESTER VA 31B-1--15. SIGL ROBERT R & DELMARA F 3517 PRINCE RD MARSHALL VA 22603.3051 I it I 22603.3051 20115.3441 31 A- 100- LAKE SERENE INC CIO DANIELLE ARMSTRONG 594 LAKE SERENE DR WINCHESTER VA 22603-3050 Mark R. Cheran, Zoning & Subdivision Administrator Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK I, MW%jQk 5� ,( Q.� ,,; , a Notary Public in and for the State and County aforesaid, do hereby certify that Mark R. Cheran, Zoning & Subdivision Administrator for the Department of Planning and Development, whose name is signed to the foregoing, dated l _j has personally appeared before me and acknowledged the same in my State and County aforesaid. r� &ealfiu&Q, Given under my hand this day of My commission expires on da-.,e-eA,,a--m PAMA A DDEETER NOTARY PUBLIC REGISTRATION # 354474 E MMONWEALTH OF VIRGINIA DECEMBER COMMISSION EXPIRES NOTARY PUBLIC LJ • COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING December 3, 2013 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #06-13 OF MICHAEL M. MILAM On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a .public hearing being held on Tuesday, December 17, 2013, at 3:30 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 #06-13 of Michael M. Milam, submitted by Marsh & Legge Land Surveyors P.L.C., for a 48.7 foot right side yard variance, resulting in a 1.3 right side setback for a single family dwelling. This property is located on the South side of Lake Serene Drive, 0.2 miles east of the intersection with Saint Clair Road (Route 677), and is identified with Property Identification Number 31B-1-14 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, s . erac Zoning Administrator MRC/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 NOTIFICATION OF PUBLIC HEARING December 3, 2013 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #06-13 OF MICHAEL M. MILAM On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, December 17, 2013, at 3:30 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 #06-13 of Michael M. Milam, submitted by sh & Legge Land Surveyors for a Ygi footPec side yard variance, resulting m a _ s'ide setback. This property is located on the South sif Lake Serene Drive, 0.2 miles east of the intersection with Saint Clair Road (Route 677), and is identified with Property Identification Number 31 B-1-14 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, Mark Cheran Zoning Administrator MRC/pd TO: FOR PUBLICATION TYPE OF AD: ADVERTISEMENT Winchester Star Advertising Department Tuesday, December 3, 2013 and Tuesday, December 10, 2013 Legal Ad DATE: November 26, 2013 The Frederick County Board of Zoning Appeals will meet on Tuesday, September 17, 2013 at 3:30 p.m. in the Board Room of the Frederick County Administration Building at 107 N. Kent Street in Winchester, Virginia, to administer the following: Variance Request #06-13 of Michael M. Milam, submitted by Marsh & Legge Land Surveyors, P.L.C., for ayr,'Foot-right-side yard variance,_ resulting in a/,3foot right side -setback for -a single family dwelling-.- This property is located on the South side of Lake Serene Drive, 0.2 miles east of the intersection with Saint Clair Road (Route 677), and is identified with Property Identification Number 31B-1-14 in the Gainesboro Magisterial District.. Interested citizens who wish to speak may attend this public hearing. You can visit us on the web at: www.fcva.us. Mark R. Cheran, Zoning Administrator ob-6 lrnl 0 1 % • a 0:BARBAAA-DATA PROCESSING FROM: - Planning Dept. Please print 2' sets of labels by � � THANKSI 13. Additional comments, if any: Boundary Line Adjustment with the neighbor is not an option due to pre-existing Zoning non -conformities. The location of the Proposed Addition is the most financially reasonable option for expansion of the existing dwelling. An expansion in the front would significantly affect the aesthetics of the existing log dwelling. An expansion in the rear would need to be two stories and Would destroy/impair the view of Lake Serene for the adjoining Lot 15. 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 Address Name Mark & Janet Eckhouse 620 Lake Serene Drive Winchester, VA 22603 Property#31B--1-13 _. Name Robert Sigl & Delmara Bayliss 642 Lake Serene Drive Winchester, VA 22603 Property #=31 B=1=15 Name Lake Serene Inc. 594 Lake Serene Drive Winchester, VA 22603 Property_.#:31=A=1.0.0 Name Property # Name Property # Name Property # Name Property # Name Property # y_2&a"'6� 1 9 //� RC - /Azz' yyUa.,,,E d on.e� December 18, 2013 Marsh & Legge Land Surveyors, P.L.C. Mike Artz 560 N. Loudoun St. Winchester, VA 22601 RE: VARIANCE REQUEST #06-13 Dear Mike: This letter is to confirm that the above -referenced variance application was approved by the Board of Zoning Appeals at their meeting on December 17, 2013. The -request on parcel identified by Property Identification Number 3113-1-14 was approved by the BZA to allow-a.48.7. foot right -side yard -variances resulting in a L*3_foot-right side setback for aB addition to a single family dwelling. The property is located at, Lake Serene Drive in the Lake Serene Subdivision, located off U.S. Route 522 North 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/pd cc: Mike Milam, 632 Lake Serene Dr, Winchester, VA 22603 Robert Hess, Gainesboro District Supervisor Charles Triplett and Kevin Kenney, Gainesboro District Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue John Trenary, Building Official Verismo- System by Starbucksm 580 brewer + 5 packs of Verismo- pods FREE after easy rebate with brewer purchase. Up to a $59.95 value! A 0 Robert R. Sigl 642 Lake Serene Drive Winchester, VA 22603 13 December 2013 County of Frederick Department of Planning and Development 107 N. Kent Street, Suite 202 Winchester, VA 22601-5000 Subject: Variance Request # 06-13 of Michael M. Milam Dear Mr. Mark Cheran: We are writing to express my unconditional support for the approval of the subject variance. My wife and I own the property at 642 Lake Serene Drive which is an immediate property next to Mike Milam. Mike has talked with us at length with regard to the improvements he would like to do on the subject property. We are in absolute support of his efforts and believe it will improve the existing property and will be consistence with the Lake style properties. We have no issues with the variance or proposed set back. As property owners we encourage you to give a favorable determination to Mike Milam's request. Robert R. Sigl and Delmara F. Bayliss November 16, 2013 Frederick County Planning Board To Whom it May Concern, Re: Mike Milam, 632 Lake Serene Dr. addition and renovation. We live at 620 Lake Serene Dr, next door to Mike Milam. Mike has shared and discussed with us, on a few occasions, his plans to add an addition and renovations to his home. We have no objections to any of the plans he has for improving his home. On the contrary we are very much in favor of the project. Mike has been forthcoming in explaining what changes are planned. We have no concerns that it will in any way infringe on the enjoyment of our property and no objections to his proceeding with the project. If you wish to speak with us we can be reached at the numbers below. Sincerely, Mark and and Janet Eckhouse 620 Lake Serene Dr. Winchester, VA. 22603 mjeckhouse@comcast.net 215-416-6867