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HomeMy WebLinkAbout08-12 Jason & Lisa Bly - Gainesboro - BackfileBOARD OF ZONING APPEALS Variance Request Tracking Sheet OPEN FILE: ZL File opened Reference Manual updated/number assigned 7 Z D-base updated �2 Location maps requested from Mapping Adjoiner list given to Planner Application Action Summary updated MEETING DATE: /Z FINAL ACTION: CLOSE FILE: lam- Approval (or denial) letter mailed to applicant/copy made for file & cc's File stamped "approved", "denied" or "withdrawn" Reference Manual updated D-base-updated- C/ f�I Application Action Summary updated Sys ID # 0 RECEIVED FROM 4- ADrDSS E 41 c: F- S❑ FOR RENT COL NXFOR MN--Nwm i NO. 124640 >•0 m [fill's 61t&t T� w alO - 50 AMT. OF u ACCOUNT CASH u bn Q) AMT. PAID 7_ "Id CHECK C C I'D •E z u k.? Q) BALANCE I MONEY _0 C r- C: 0 DUE ORDER BY a) ro (o § -* U- E 1-i 111 • � Co"fLK.<ti Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 September 19, 2012 Mr. Michael M. Artz Marsh & Legge Land Surveyors, P.L.C. 560 N. Loudoun St. Winchester, VA 22601 RE: VARIANCE REQUEST 408-12 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 September 18, 2012. The request on parcel identified by Property Identification Number 31-A-7G was approved by the BZA to allow a 20 foot left side variance along the eastern southerly portion of the house, resulting in a 30 foot left side setback along that portion. The property is located at 1425 Cedar Grove Road (Route 654), 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 cc: Mr. & Mrs. Jason Bly, 1425 Cedar Grove Road, Winchester, VA 22603 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 .. 4. � .. �.p��i-a v.+.•�.; �; .+vi'� p ! 4 .ic l�A� � f i++b;ry � .r'� COUNTY of 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: September 19, 2012 The amount of $50.00 was deposited in line item #3-010-019110-0008 for Mr. & Mrs. Bly. Jason Bly had a deposit for one sign for a Variance #08-12. Mr. Bly 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: R-SA/pd Jason Bly Lisa Bly 1425 Cedar Grove Road Winchester, VA 22603 9 107 North Kent Street, Suite 202 Winchester, Virginia, 22601-5000 _ 3� T A X R E C E. 1,,:::P_7"'`' Ticket #:00006740001 3 O F RED ERI CK COUNTY V d C. WILLIAM ORNDOFF, JR Date 8/29/2012 P.O. BOX 225 Register: Tra JKH JKHA1 / y 7 �► .. ns. s. #: Dept # 04678 O� WINCHESTER VA 22604-0225 Acct# 1095 SIGN DEPOSITS PLANNING Previous 08/28/12 Balance $ 50.00 "Principal Being Paid $ 50.00 Penalty $ .00 PLANNING Interest $ .00 Amount Paid $ 50.00 *Balance Due $ .00 Pd by PLANNING BALANCE DUE INCLUDES PENALTY/INTEREST Check 2350.00 # VARIOUS THRU THS.-:.MONTH 8/2012 OR �..�_.�'.'�"_ �—""" .:"sq'.i'.�Y.'z�r+1u .• ,': . a,. ::.. _,:y..,i�Nf�r:�:Pa�F. k. �.. .. -. .,...w+�++1j+i�:a..—..�....,.n.L:.y..,...... ,. �,•r..'._. _. - _ �3 - IMMEL / e 90 ARS $TZ b RECEIVED FROM' AD SS )�O_!z!S� FOR RENT _ _ FOR 4 1I1� oRTE No, 124640 92001441 L 'fir-✓U �e t� U � � • • • AMT.OF - ACCOUNT CASH _ AMT.PAID- .. CHECK��� BALANCE MONEY DUE ,... ,. ORDER VARIANCE APPLICATION #08-12 JASON AND LISA BLY Staff Report for the Board of Zoning Appeals Prepared: September 6, 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: September 18, 2012 — Pending LOCATION: 1425 Cedar Grove Road (Route 654) MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 31-A-7G 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 20 foot left side variance for an existing dwelling and deck, resulting in a 30 foot setback. REASON FOR VARIANCE: The dwelling was constructed in 2004 by the previous owners. The existing dwelling encroached on the left building restriction line, but this was discovered after the applicant sold property. The present owners' title company is taking exception to the existing encroachment. • 0 Variance #08-12 — Jason and Lisa Bly September 12, 2012 Page 2 STAFF COMMENTS: The applicant is requesting a left side variance of 20 feet which will result in a 30 foot left side setback for an existing dwelling. This property is located within the RA (Rural Areas) Zoning District and is part of the rural preservation subdivision known as Hicks Meadows. The approved plat annotates the setback as 60 feet from the front,15 feet on the right, 100 feet from the rear, and 50 feet on the left side. Typically, setbacks for a rural preservation lot would be 60 feet from the right-of-way of a state maintained road, 15 feet for the sides, and 40 feet for the rear. However, the reasoning behind the 50 foot setback on the left side is that the ordinance states that side and rear setbacks from rural preservation lot lines which adjoin parcels other than another rural preservation lot shall be determined by adjoining parcel size. In this case, the adjoining lot identified as tax map 31-A-7C is not a rural preservation lot, therefore creating a 50 foot setback on the left side. It appears the property was acquired in good faith by the current owner and with no previous knowledge of the setback violation. This request from the current setbacks of the RA zoning district maybe justified. The applicant is seeking this variance in order to correct the original encroachment and to satisfy their title company. Therefore, this application for a variance must meet 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. This variance, if granted, would result in a 30 foot left side yard setback. STAFF CONCLUSIONS FOR THE SEPTEMBER 18, 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. 1.11 ku iu uau va i, uyn� uwu wy 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) Note: Frederick County Dept of VAR # 08 - 12 Planning & Development Jason and Lisa Bly Suite 202niSt PINS: Winchester, VA 22601 31 - A - 7G 540 - 665 - 5651 Map Created: August 28, 2012 Staff: djohnston 165 330 660 Feet j AUG 2 4 2012 APPLICATION FOR VARIANCE LF _,DE-R CK-C _ - IN THE � FRtUERICK COUNTY Pt NVELOPMENT COUNTY OF FREDERICK, VIRGIIQTA —� -OFFICE USE ONLY - Variance Application o. Submittal Deadline:' Submittal Date: /;Z For the meeting of / Fee Paid: e, initials:( Sign Deposit es MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner other X_. (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 ADDRESS560 North Loudoun St._ Winchester, VA 22601 OCCUPANT: (if different) NAME: _Jason G. Bly & Lisa H. Bly ADDRESS: 1451 Cedar Grove Road Winchester, VA 22603 TELEPHONE: 540-667-0468 TELEPHONE: 703-926-5473 3. The property is located at (give exact directions and include State Route numbers): West side of Cedar Grove Road approximately 250' North of the intersection with Babbs Mountain Road 4. The property has a road frontage of _301.2_feet and a depth of 9 1197 feet and consists of _4.7557acres (please be exact). 5. The property is owned by _Jason G..Bly & Lisa H. Bly as evidenced by deed from Scott A. Turk & Cindy L. Turk recorded (previous owner) in Instrument #070017820, recorded in the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. Cxt��a �S?�u2s+ 6. Magisterial District: .St®newa-14 District 7. Property Identification No.: —TM #31-A-7G 8. The existing zoning of the property is: RA 9. The existing use of the property is: residential 10. Adjoining Property: -USE ZONING North Residential_ RA East Residential_ RA South Residential_ RA West Residential RA 11. Describe the variance sought in terms of distance and type.. (For example: "A 3.5' rear yard variance for an attached two -car garage.") A 20 Left Side yard variance for existing dwelling and deck 12. List specific reason(s) why the variance is being sought in terms of - existing conditions (house was constructed by others prior to current owners). Existing dwelling and deck encroach across the Building Restriction Line. The house was constructed in 2004 but the encroachments were only recently discovered. Title Company is taking exception to the existing encroachment across the Building Restriction Line. 13. Additional comments, if any: 7 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 Cari Ann Wynkoop & Michael S. Gray Address 1451 Cedar Grove Road, Winchester, VA 22603 Property ID # TM #31-A-7G , Timothy V. Schott & Sherry V. Schott Address 143 Jennifer Court, Winchester, VA 22603 Property ID # TM #31-A-7A & 7B Douglas Dorman & Tina Marie Dorman Address 1377 Cedar Grove Road, Winchester, VA 22603 Property ID # TM #31-A-7C Allen M. Glasgow & Mary C. Glasgow Address 1395 Cedar Grove Road, Winchester, VA 22603 Property ID # TM#31-A-7F Alvin R. Bly Address 548 Babbs Mountain Road, Winchester, VA 22603 Property ID # TM #31-A-128 Address Property ID # Address Property ID # 15. Provide a sketch of the property (you may use this page or attach engineer=s drawing). Show proposed and/or existing structures on the property, including measurements to all property lines and to the nearest structure(s) on adjoining properties. Please include any other exhibits, drawings or photographs with this application. AGREEMENT VARIANCE # U (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) dates 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 hl DATE lI 'l/`► �� SIGNATURE OF OWNER 8WDATE (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF // S///l ACTION: ATE - APPROVAL SIGNED:��% BZA CHAIRMAN DENIAL DATE: 9 150 0 150 SCALE: 1" = 150' TM 31—A-7A TM 31—A-78 TIMOTHY V. SCHOTT & TIMOTHY V. SCHOTT & SHERRY K. SCHOTT SHERRY K. SCHOTT OF R� INSTR NO. 020000332 INSTR NO. 020000332 Z Old �O o - - - - TM 31—A-7C 100' BRL DOUGLAS DORMAN & TINA MARIE DORMAN INSTR. N0./0010270 I 1 LOT 1 I 1 HICKS MEADOW I 5.0000 AC 0 L I h I� O I IZ a] of ( i i a 1 I'W I — EXISTING DWELLING AND DECK -� ENCROACH INTO 1 1 EXISTING 50' BRL 0 0) Jo0! I TM 31—A-7G vi ¢ o I JASON G. BLY LISA H. BLY INSTR. NO. 070017820 z I I I LOT 5 HICKS MEADOW z Ica 4.7557 AC II^ I 1� I TM 31-A-H CARI ANN WYNKOOP & I1 MICHAEL S. GRAY 1 INSTR NO. 040010071 0�v I L BRL J 2250, MoO ryeSTo CEDAR GROVE ROAD RoAO 11V VA SEC RTE C,54 ZONING VARIANCE PLAT OF THE LANDS OF JASON G. BLY & USA H. BLY AND GAINESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA 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 SCALE.- 1 " = 150" 1 DATE: AUGUST 23, 2012 L TH Of LV� M. AM Lk. No. 1513--IB �. *0 suaV� .,� SHEET 1 of 1 ti ti 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) (Name) Jason G. Bly & Lisa H. Bly (Phone) 703-926-5473 (Address) 1425 Cedar Grove Road, 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. 070017820 on Page Parcel: Lot: 5 Block: Section: do hereby make, constitute and appoint: (Name) Michael M. Artz and is described as Subdivision: Hicks Meadow (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 make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this 23 day of /-fociuS , 20 I Z , Signature(s) State of Virginia City/County of To -wit: I, y,,g Notary Public in and for the jurisdiction aforesaid, certi that the person(s) who signed tQ� 'strument personally appeared before me and has ack owledged the same before me in t• '*;A�forts$ A -this day of ; , , 20 PUBLIC 0 REG. #184263 ��y commission Expires: q / �)o %3 Notary Public : C, : myCOMMISS O�.• �PIR S ��r��lllllllll 070017820 When recorded: Please Forward To: Fidelity Residential Services 16260 N. 71st Street, 2nd Floor Scottsdale, AZ 85254 GPIN or TAX ID NO: 31-A-7G- - - - - . I __ .. _...- . - This ss pace reserved for Cltbtc THIS DEED, made this 28th day of June . 200_6, by and between SCOTT A. TURK and CINDY L. TURK, husband and wife, (hereinafter, "Grantors") and JASON G. BLY and LISA H. BLY (hereinafter, "Grantee") whose tax mailing address is: 1425 CEDAR GROVE ROAD, WINCHESTER, VA-22603 WITNESSETH: That for and in consideration of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and or acceptance of which is hereby acknowledged, the said Grantors do hereby grant, bargain, sell and convoy, with GENERAL WARRANTY AND ENGLISH COVENANTS OF TITLE, unto the said Grantee, in as tenants by the entirety with the right of survivorship as at common law the following described property, to, -wit: For property Description See Schedule A This conveyance is made expressly subject to conditions, restrictions, reservations and easements of record, if any, constituting constructive notice. Property Address: 1425 CEDAR GROVE ROAD, WINCHESTER, VA 22603 Tax ID: 31-A-7G Pteparod by The Mom Group, P.C. Aroomro sad Coum k s s Law 117 LaodmnkSqut, Va, Uk VA 23452. 757-321-036. 7Lc saorney(ks) win prepared -_----- - - -_- - -- - -- title uumosrot hatArve not pmformed a this asamimtim oftb:,W*a prgxrw and tkndae octet ao opWw Or wwtramy a a to thegodky oftitk: 7be prof -to *= dtnooeat apa they bdre mvkrmd, aadmwrd dsd aaept its ftm1 ackaowla* *9 theybve rod. undmt od w A at=whkthe U and of the Geed oe - DemaadfrheMariaCw ideJaaom an wvoim CAM Dd AOoemt(see www.�had the theft mey/ctimtmLtioodip betray the d ic*s) Wcfivg ad pa * for the ioraadteat ad rbrrcy(ks) preI . I this htahtaarot is Wk y lis@d so the inNrwa $ prepanfioa ♦ ti WITNESS the following signatures and seals: SCOTT A. TURK STATEICOMMONWEALTH OF V/1 CITY/COUNTY OF �/ ,,-e0 to -wit: I, the undersigned Notary Public, in and for the City/County and State aforesaid, do hereby certify that SCOTT A. TURK has acknowledged the same before me in the City/County and State aforesaid, on this 2$' day of q�pivy ra expires: $ 31 /0 9 - 0 „rl060 Public CRY r' JJ'fJtauttt�r' STATE/COMMONWEALTH OF VA CITY/COUNTY OF _ He�T.�70 to -wit I, the undersigned Notary Public, in and for the City/County and State aforesaid, do hereby certify that CINDY L. TURK has acknowledged the same befor3: me in the City/County and State aforesaid, on this 71� day of n-e-. My commission expires: g f 31/0 9 h R a � ''J.etttntt• Pr%amd by Tbr Mama GmV. P.C. Am..ey- d Cotmtd - ■ La. 117 L- dmxt Sgtrte• Vi Bd� VA 2.it52. 757-J21-6936. Ttte .na.neyye) ah. prtpa d thi- mmtmm YrMre mt pr6>rmed - title e:-®-fim of the • prtgnty ted thrJdhR m-kn m QPc m •wnray n w the go-Yy of dtk- The paie- w duB moeat IV= they bm ti+'wed. mdot tmd wd acoePtm tents. -rko kdgcdm they bw< te-d mdentmd m D�ILe MOMS Goap h "M ChM Dmcit trod Aoermw (toe... yid the tuo ottbc Deed m ch.*$) MdW4 Wd pymg far the iWatmv d 1. tted tht me trweseyia4em ,rwtKad q ba, the -t—r Ajm) PeeP�iog &6 im+tmmt n fnay I®od w the m.,e®a,ty pcpcaion ti SCHEDULE A 0 co All of that certain lot in Frederick County, Virginia, designated as Lot 5, of Hicks Meadow, on that certain plats of survey dated January 2, 2002 and January 31, 2002 by David M. Fursteman, L.S. of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, as Instrument Number 020003932. It beingthe same property conveyed to Scott A. Turk and Cindy L. T husband and wife b - - - -- -- -- .--.- -.-- - - P P�fY Y Y �, Y- deed from William G. Busko, dated May 27, 2004 and recorded in Instrument Number 040010283. V,RGii4tA: FREDERICK COUNTY.SCT. This instrument of writing was produced to me on and with certificate acknowledgement thereto annexed was admitted to record. Tax imposed by Sec. 58.1-802 of 00 and 58.1-801 have been paid, if assessab]e. Gerk Prep od by7Le Mores Olap T.C. Akom 7%kd Coe -elm at Law 117 Ludml* &om% W. BCb. VA 23432.757-321.6936. TLe attomey(ier) who pecyned -- - ..... ---- - thin krmmerth"FAM no podamedadde e—ohoioo ofde PAJDd PePelY anddei-& 0 Wka ao opiion ocwawrYy a to We qudky otade. The pod=to td4 blUm 9apse dwYbm>4ek"'tuade+md aedaompt ik krok admowiv* " 09Y We,ead, tndeahad and oree with the tem of the Deed on Demw&llhe Muria Gmup k"ke, CHM Dbodome and APee®t(am www.deedaademaedtr✓apmntmQ, and tint We a wney/dwet mwow4 between the dk*i)mdmigand M*6xthe k*eencnandla mcyges)PtptaietMibktattatiatrict' IkWWbthe mekmoat.$pe-pwtion. { ,+•... s .�.. ;., 3.. jam. t{,. �..� 1, .. ��. -., s _•>�'. :tif•:v-d ! ;,' ��tc: ., ' o.Yi "8 y ti ,-..s ..M.� d y�lts ;� .: ?fat n ,. �.3 .r aK, r ., v�.K.__ a .�.... .. , - s.<- C 4.+ �f a _....,... .,.; 2 n -.._ : .p -Kc a y_.�,..rn:<s.;...._ _ a 03 4200039.,? FINAL PLAT MAJOR RURAL SUBDIVISION M HICKS MEADOW r GAINESBORO DISTRICT y f FREDERICK COUNTY, VIRGIMA A VICDUTY MAP 1" = 12W rAX MAP NUMBER: 31-A-7 ZONE: RA USE: AGRICULTURAL SURVEYOR'S CERTIFICATE I, David M. Furstenau, a duly authorized land surveyor, do hereby certify that the land shown in this subdivision is in the name of David A. Hicks and is a portion of the land conveyed to him by deed dated November 13, 2001 and recorded among the land records of the Clerk of the Circuit Court for Frederick County, / ? V}'r�nia a instrument # 010016521 A David M. Furstenau L.S. OWNER'S CERTIFICATE The above and foregoing subvdivision of the land of David A. Hicks as appears in the accompanying plat is with the free consent and in accordance with the desires of the undersigned owners, proprietors or trustees, if any. avid A. Hicks State of Virginia /� City/County of i( d jxc p OA . I i �. n ri-oh , a notary public in for the state of Virginia and the city/ ounty of o ,,� k do hereby certify that this day personally appeared before me, David A. Hicks whose name is signed to the above Owners J 31 d k I d d t th b f U Certificate dated anuary n ac "au ge o e same a ore me, In A14y state and city/county as afores id. Notary Public Given under my hand this da o 2002. r My commission expires a, n l MS . APPROVALS Date d-7-d Z DEPARTMENT VIRGINIA DEPARTMENT OF TWMSPORTAnON Date FURSTENAU SURVEYING (540) 662-9323 DATE: JANUARY 31, 2002 111 SOUTH LOUDOUN STREET SCALE: WINCHESTER, VIRGINIA 22601 1 of 5 1I FARCEL 9 RA VACANT N 31028'03"E �A ko. 007 -- `*� 199. 99, 150 42' S 625? 36 u, a 100' am HICKS cc> %� I { N 27'172 g— ��1 145.57 LOTI RA VACANT PARCEL 8 lco RA VACANT y a 41 o O W Z W 0 I 3 , .0 A 22° �A'� s o I _ N 2j9 5�o94k�� ,u� �� m 0�p�, m W I LOT 2` •r�`"'r� `' \ r f 3.7291�_'' LOT 3 / r _'��� ( AC, 0 4.4140 AC. o 0 W -t o I �' { o Irn J � �`� coLn Ln �W g ti res � i ° Ln Iti �' LOT 4 0° ` `�' 1 / p`� 3.7649 v h z h_ I Co. 4 ,, AC. I1W liv r 6 ,� LOT 7 I � `' " 6.2476 5.4393 , /l - � LOrs AC. AC. - �� z y © so 4.7557 1 g A ti 9 • �1 CF AAte' O /o�R so a �5 69 B �65co' BRL T _ 6,8Orc _ / O~� y 144.89'%' 3 oQ 95.35, 163.64' 300 00' 7 0EMA _2703RO�r 305" y32/BW 36.0778" W W 0030 S371..446 I tli 0 ROAD ��UTE 654 FtMSnNAU SURVEYING (540) 662-9323 111 SOUTH LOUDOUN STREET WINCHESTER, viRGINIA 22601 FINAL PLAT MAJOR RURAL SUED/VISION HICKS MEADOW GRINE5BOR0 DISTRICT FREDERICK COUNTY, VIRGINIR REV 3 / ° o DATE: JAN. 31, 2002 ° SCALE: 1., n 2 00' 2 OF 5 00�2 1I ORAINFI� 29E24 48" ET 9(y2 0-2 N 72'1943.. W 145.46 i OF r � 0 Y ti Lgo� ENAU �-2 LOT % 0 \ lGO' wod ` \r nl LOT 6 UD/FiLOT 5 L__j LOT 3LOT `% ti ' sy� i LOT 2 T'a IM7 (�40) 0 CEDAR GRAVE R REV 3/7/0imosom 2 DATE: JAN 31. 2002 j23 3OF` F � NAL Pl-AT OR RURAL S11801 � SION ' ; MAJOR MEADD �s�saoc�o � �sNsa 1O' NO. RAO. DELTA ARC TAN. CHO. CHO. BRG. 1 1225.00' 13021'07" 285.47' 143.38' 284.82' 5 30007'50"W 2 1250.00' 10019'21" 225.20' 112.91' 224.90' S 31°38'43"W 3 975.00' 07038'26" 13D.02' 65.11' 129.92' N 41011'31"E 4 1000.00' 27013'46" 475.24' 242.20' 470.76' S S0059'11"W p 5 975.00' 14043'57" 250.70' 126.05' 250.01' N 52022'42"E o 6 97S.00' 04051'23" B2.64' 41.35' B2.62' N 62010'22"E --.i 7 525.00' 26020'28" 241.36' 122.85' 239.24' N 51025'50"E w 8 S00.00' 26007'45" 226.02' 116.03' 226.05' 5 51032'11"W c AA LiJ U W h O m w M a r � 3 r r` W ~(D m Co to z � so• �! -,t000 CARPFN E N° R Rq RES1pf1VCE 3 E I SI2.7p 6 1pf u> �\ ry � Jc \ I �C RESERVE P 'Nz Nv ( CANNOT BE FURTHER \ a\=^ SUBDIVIDED) m roo•avc +' 49.7472 AC, - � pp T•ne• ! ;A%°• \ 5 21°17'07"W 977.55', • W i HARRELL RA AGRICULTURE 31_. v FINAL PLAT MAJOR RURAL SUBDIVISION HICKS MEADOW GAINESBORO DISTRICT FREDERICK COUNTY. VIRGINIA ' 4oQ3 A5"� Post 5 NOTE.• P/NS SET AT ALL CORA"S UNLESS 0THERW/SE NOTED. FMTENAU SURVEYING (W) 662-9323 : JAN 31 2002 111 SOUTH LOUDOUN STREET SCAL& i- = 250' WINCHESTER, VIRGINIA 22601 ,. w FINAL PLAT MAJOR RURAL SUBDIVISION HICKS MEADOW GAINESBORO DISTRICT FREDERICK COUNTY, VIRGINIA AREA TABULATION BEFORE SUBDIVISION TOTAL AREA 79.3681 ACRES AFTER SUBDIVISION AREA IN LOTS (2-7) 28.3506 ACRES RESERVE PARCEL 49.7472 ACRES ROAD DEDICATION 1.2703 ACRES TOTAL 79.3681 ACRES The proposed shared driveway Is not built according to street standards of and will not be maintained by the Virginia Department of Transportation or by the County of Frederick. The improvement and maintainanceof said driveway shall be the sole responsibility of the owners of lots which are provided access via the driveway. Said shared private driveways will not be considered for inclusion into the state secondary system until they meet the applicable construction standards of the Virginia Department of Transportation. The cost of bringing said driveways to acceptable standards shall not be bome by the Virginia Department of Transportation nor by Frederick County. SUBDIVISION APPROVAL STATEMENT This subdivision is approved for individual onsite sewage systems in accordance with the provisions of the Code of Virginia and the Sewage Handling and Disposal Regulations (12 VAC 5-610-10 et seq. , the "Regulations" ), ( and local ordinances if the locality has authorized the local health department to accept private evaluations for compliance with the local ordinances). This subdivision was submitted to the Health Department for review pursuant to Section 32.1-163.5 of the Code of Virginia which requires the Health Department to accept private soil evaluations and designs from an Authorized Onsite Soil Evaluator (AOSE) or a Professional Engineer working in consultation with an AOSE for residential development. The Department is not required to perform a field check of such evaluations. This subdivision was certified as being in compliance with the Board of Health's regulations by: David Racey, AOSE #139, Phone # 662-4185. This subdivision approval is issued in reliance upon that certification. Pursuant to Section 360 of the Regulations this approval is not an assurance that Sewage Disposal System Construction Permits will be issued for any lot in the subdivision unless that lot is specifically identified as having an approved site for an onsite sewage disposal system, and unless all conditions and circumstances are present at the time of application for a permit as are present at the time of this approval. This subdivison may contain lots that do not have approved sites for onsite sewage systems. O CD This subdivision approval is issued in reliance upon the certification that the approved lots are suitable for "traditional systems", however actual system designs may be different at the time construction permits are issued. FURSTENAU SURVEYING (540) 662-9323 DATE: JANUARY 31, 2002 111 SOUTH LOUDOUN STREET SCALE: WINCHESTER, VIRGINIA 22601 5 or 5 ti VIRGINIA. FREDERICK COUNTY, SCI: lbs iaatrument of writing was produced to mta on 34-0x at /02.00 �.�-- and with car ificatc of acknowledgement thereto annexed woa admitted to moord. Ta imposed by Set. 58.1-M2 of S,&J�d.. , WA S8.1-801 have been paid, if m asablc MFrArl'� all, CD 0 J cn I COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING September 4, 2012 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #08-12 OF JASON AND LISA BLY On behalf of the Frederick County Board of Zoning Appeals, you are;hereby notified of a public hearing being held on Tuesday, September 18, 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 #08-12 of Jason and Lisa Bly, submitted by Marsh & Legge Land Surveyors, PLC, for a 20 foot left side variance for an existing dwelling and deck, resulting in a 30 foot setback. This property is located at 1425 Cedar Grove Road (Route 654), and is identified with Property Identification Number 31-A-7G 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. Dana M. Johnsto Zoning Inspector DMJ/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 • This is to c rtify hat the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virgi 'a: — - ___ - -_--- 31-A--128- 31 - A- - 7-13 BLY ALVIN R BLY JASON G 548 BABBS MOUNTAIN RD BLY LISA H WINCHESTER VA 22603.3214 1425 CEDAR GROVE RD WINCHESTER VA 22603.3020 - - Marsh & Legge Land Surveyors 560 N. Loudoun St. Winchester, VA 22601 31 - A• • 7-H WYNKOOP CART ANN & GRAY MICHAEL S 1451 CEDAR GROVE RD WINCHESTER VA 22603.3020 i 31 . A• - 7-A SCHOTT TIMOTHY V SCHOTT SHERRY K 143 JENNIFER CT WINCHESTER VA 22603.4531 DORMAN DOUGLAS DORMAN TINA MARIE 1377 CEDAR GROVE RD WINCHESTER VA jqcn-3 31 - A• - 7-F GLASGOW ALLEN M TRUSTEE GLASGOW MARY G TRUSTEE 1395 CEDAR GROVE RD D a M. Johnston, Zo g Inspector WINCHESTER VA 22603 3019 F edcrick County Pla ing Dept. J STATE OF VIRGINIA COUNTY OF FREDERICK I, a Notary Public in and for the State and County aforesaid, do ha by certify that Dana 64.Johnston, Zoning Inspector, for th D partment of Planning and Development, whose naive is signed to the foregoing, dated �' , has personally appeared before me and acknowledged the same in my Stat a d County aforesaid. Given under my hand this (4& day of aQ My commission expires on 4 EVERLT' qHi ELLINGER PUBLIC NOTARY/ LIC REGISTRATION # 331878 COMMONWEALTH OF VIRGINIA MY CO ULIY 31 ISSION EXSPIRES a- is A L� P tAJ *�, -A 7 �i 0 TO: BARBARA-DATA PROCESSING FROM:BEV - PI nning Dept_ Please S�t sets of I THA 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 Cari Ann Wynkoop & Michael S. Gray Address 1451 Cedar Grove Road, Winchester, VA 22603 Property ID # T1VI 431-A -7G Timothy V. Schott & Sherry V. Schott,, Address 143 Jennifer Court, Winchester, VA 22603 PropertyID # TM #,31-A-7A & 7l3 ;�,,4 Douglas Dorman & Tina Marie Dorman,/ Address 1377 Cedar Grove Road, Winchester, VA 22603 - - - PropertyID # TM�#31-A-7C Allen M. Glasgow & Mary C. Glasgow Address 1395 Cedar Grove Road, Winchester, VA 22603 r- - - - -- - Property ID # TM#31-A-7F Alvin R. Bly Address 548 Babbs Mountain Road, Winchester, VA 22603 Property ID # TM-#31-A-128 ', Address Property ID # Address Property ID # 15. Provide a sketch of the property (you may use this page or attach engineer=s drawing). Show proposed and/or existing structures on the property, including measurements to all property lines and to the nearest struc e ) on adjoining properties. Please include any other exhibits, drawings or photo aphs ith tlp s applic 'on. IV OF 2 30\ 9 2 0 1o0. 0 olp TM 31—A-7A TM 31—A-713 TIMOTHY V. SCHOTT Sc TIMOTHY V. SCHOTT & SHERRY K. SCHOTT SHERRY K. SCHOTT INSTR NO. 020000332 INSTR NO. 020000332 TM 31—A-7C 100' BRL DOUGLAS DORMAN & TINA MARIE DORMAN INSTR. NO. 070010270 LOT 1 I 1 HICKS MEADOW 5.0000 AC �� I 0 m � � J O Z m iin EXISTING DWELLING AND DECK ( 1 ENCROACH INTO 1 EXISTING 50' BRL 33� i o I TM 31—A-7G Q Q Q o I JASON G. BLY C) 1I LISA H. BLY INSTR. NO. 070017820 LOT 5 HICKS MEADOW J N co 4.7557 AC Q ? lio 1 TM 31—A—H 150 0 150 CART ANN WYNKOOP & I1 MICHAEL S. GRAY SCALE: 1" = 150' INSTR NO. 040010071 ��v I \ v'L / 60' 13RL J --I — — �- 2g�. POU/ ANo CEDVRSG�RO RTE ssROAD ZONING VARIANCE PLAT OF THE LANDS OF i JASON G. BLY & USA H. BLY AND GAINESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA , c�Mlc AL M. ARTZ Uc. No. 1513—B Marsh & Legge Land Surveyors, P.L.C. -'; f/ 560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 AND SUR4 PHONE (540) 667-0468 - FAX (540) 667-0469 - EMAIL office®marshandlegge.com SCALE- 1 " = 150' DATE: AUGUST 23, 2012 SHEET 1 of 1 • 0 TM 31-A-7A TIMOTHY V. SCHOTT & SHERRY K. SCHOTT RHO INSTR NO. 020000332 ��1 0 06l0 0 - - �R1p �O. TM 31—A-7C DOUGLAS DORMAN & TINA MARIE DORMAN INSTR. NO. 070010270 LOT 1 HICKS MEADOW 5.0000 AC 150 0 150 SCALE: 1 " = 150' TM 31—A-7B TIMOTHY V. SCHOTT & SHERRY K. SCHOTT INSTR NO. 020000332 2S0• M TO OEO �R �NT GROVE ROAD )YO, ,) //� A SEC RTE 654 I I' I ' J 0' m �I IEXISTING DWELLING AND DECK i1 ENCROACH INTO EXISTING 50' BRL ITM 31-A-7G I JASON G. BLY LISA H. BLY I INSTR. NO. 070017820 LOT 5 HICKS MEADOW — I . 4.7557 AC I TM 31—A—H CARI ANN WYNKOOP & 1 MICHAEL S. GRAY INSTR NO. 040010071 ZONING VARIANCE PLAT OF THE LANDS OF JASON G. BLY & LISA H. BLY AND GAINESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA 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 SCALE.- 1 " = 150' 1 DATE.- AUGUST 23, 2012 f'r' TH Or M M. ARTZ Lic. No. 1513—B SHEET 1 of 1