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HomeMy WebLinkAbout02-14 Debra Johnson & Richard Oram - Gainesboro - PIN 42-A-209 - BackfileBOARD OF ZONING APPEALS Variance Request Tracking Sheet OPEN FILE: File opened Q y Reference Manual updated/number assigned (� �Ulis D-base updated ao ly Location maps requested from Mapping �Q Adjoiner list given to Planner to Application Action Summary updated MEETING DATE: --I / 5 FINAL ACTION: CLOSE FILE: Approval (or denial) letter mailed to applicant/copy made for file & cc's �y File stamped "approved", "denied" or "withdrawn" Reference Manual updated �1 ) D-base updated * (7 Ai I Application Action Summary updated QA- Sys ID # WC 9 5 NOTES R E C E RECEIVED FROM ' ADDRESS�� FOR ACCOUNT HOW PAID AMT. OF ACCOUNT CASH AMT �(� I• .J'V CHECKPAID BALANCE MONEY DUE ORDER BY 1� No. 855967 CI y. J MEMORANDUM TO: Finance Department FROM: Shannon Conner, Office Assistant III SUBJECT: Return of Sign Deposit DATE: July 21, 2014 The amount of $50.00 was deposited in line item 0-010-019110-0008 for Marsh and Legge. They had submitted a deposit for one sign for Variance PIN #42-A-209. Marsh and Legge have returned the sign and are 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: Marsh and Legge 560 N. Loudoun St. Winchester, VA 22601 RSA//spc 0 0 NOTES RECEIP' FRO 855Q67 H T A X R E C E I P T Ticket #:00006930001 FREDERICK COUNTY Date 6/23/2014 C. WILLIAM ORNDOFF, JR Register: CAL/GALA P.O. BOX 225 Trans. #: 11599 Dept # 1095 WINCHESTER VA 22604-0225 Acct# SIGN DEPOSITS PLANNING Previous Balance $ 50.00 Principal Being Paid $ 50.00 Penalty $ .00 Interest $ .00 PLANNING & DEVEL. Amount Paid $ 50.00 *Balance Due $ .00 Pd by PLANNING & DEVEL. Check 22427.17 # VARIOUS BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 6/2014 FIE CO COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/665-6395 July 21, 2014 Mr. Mike Artz Marsh & Legge 560 N. Loudoun St. Winchester, VA 22601 RE: VARIANCE REQUEST #02-14 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 15, 2014. The request on parcel identified by Property Identification Number 42-A-209 was approved by the BZA to allow a, 100 foot right side variance, resulting in a 100 foot right side variance. The property is located on the western side of Woodcrest Drive 0.25 miles north of the intersection with Woodside Place which is located off of Apple Pie Ridge Road and is identified with Property Identification Number 42-A- 209 in the Gainesboro Magisterial District. If you have any questions regarding this action, please feel free to call this office. MRC/pd cc: Debra Johnson & Richard Orman, 220 West Boscawen St., Winchester, VA 22601 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 #02-14 DEBRA JOHNSON & RICHARD ORAM Staff Report for the Board of Zoning Appeals Prepared: June 20, 2014 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: July 15, 2014 — Pending LOCATION: The property is located on the western side of Wooderest Drive, 0.25 miles north of the intersection with Woodside Place, which is located off of Apple Pie Ridge Road. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 42-A-209 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) Land Use: Vacant ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Use: Orchard South: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Vacant/Forest VARIANCE REQUESTED: The applicant is requesting a 100-foot right side yard variance to the required 200-foot right side orchard setback. REASON FOR VARIANCE: The property is five acres in size and due to topography, cannot be built on at the current 200-foot setback requirement fiom an orchard. 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 0 Variance #02-14 — Debra Johnson & Richard Oram Page 2 June 20, 2014 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 to change the A-2 Zoning District to the current RA (Rural Area) Zoning District. The Frederick County Board of Supei visors amended the setbacks for the RA Zoning District on February 28, 2007, making the current setbacks for this property 60 feet to the front, 50 feet to the rear, 50 feet on the left side, and 200 feet on the right side. This property and the adjoining properties were created as five -acre lots in 1978 and are known as the Anderson Subdivision. The setbacks for this subdivision were associated with the A-2 Zoning District setbacks as noted above. The setbacks of adjoining properties are consistent with current RA (Rural Area) setbacks, as the dwellings are approximately 50 feet from the side property lines. The applicant is requesting a 100-foot variance on right side, from the required 200-foot setback. This variance, if granted, would result in a 100-foot right side yard setback. STAFF CONCLUSIONS FOR THE JULY 15, 2014 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) 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. This variance request is to allow for construction of a single-family dwelling with a setback of 100 feet due to topography; the required setback is 200 feet to an adjoining orchard on the right side. This proposed setback would be consistent with the character of the district, and meets the intent of The Code of Virginia 15.2309 (2). This request from current setbacks of the RA (Rural Area) Zoning District may be justified. M1 (Industrial, Light District) M2 (Industrial, General District) 4W MH1 (Mobile Home Community District) 40 MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) IRS (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) Note: VAR # 02 - 14 Frederick County Dept of Debra Johnson Planning Development e 107 N Kent St Richard Oram Site 202 PINS: Winchester, VA 22601 42 - A - 209 540 - 665 - 5651 55' Side Yard Variance Map Created: June 25, 2014 Staff: mcheran 0 80 160 320 Feet APPLICATION FOR VARIANCE FREDERICK COUNTY, VIRGINIA Variance Applicat'on # 0 as I �T _ Submittal Date 14 C Fee Amount Paid 9 so, Sign Deposit Paid 5-0 . -OFFICE USE ONLY - Submittal Deadline �© For the BZA Meeting o ' -t15 1I Initials: P0 Receipt # �)S5 0(c D MUST BE TYPED OR FILLED OUT IN INK — PLEASE PRINT The applicant is the owner 1-1 other V . (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) NAME: Michael M. Artz C/O Marsh & Legge NAME: ADDRESS: 560 North Loudoun St ADDRESS: Winchester, VA 22601 TELEPHONE: 540-667-0468 TELEPHONE: 3. The property is located at (give exact directions and include State Route Numbers): on the western side of Woodcraft Drive 0.25 miles north of the intersection with Woodside Place (which is located along the north side of James Wood High School and can be accessed from Apple Pie Ridge Road. 4. The property has a road frontage of 435.7 feet and a depth of 525 feet and consists of 5.009 acres (please be exact). 5. The property is owned by Debra Johnson & Richard Oram aslevi John C. Quinn recorded (previous owner) in deed book .�_ on page or instrument number 140002799 of thed b 1 Clerk ,...�!�vg DjU0 2014 FREDER ^CO toTMpMEN1 of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: cainesboro 7. Property Identification Number (P.I.N.): 42-A-209 8. The existing zoning of the property is: RA 9. The existing use of the property is: vacant 10. Adjoining Property: USE ZONING North orchard RA East residential RA South residential RA West vacant/forest 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.") Side yard variance to the required 200' orchard setback IOD * 41;1:4� 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 Adjacent property is a 5 acre lot and would normally require a 50' setback but is currently being used as an orchard. Due to location of drainfield, driveway access and steep topography, the only reasonable building site would encroach into the required orchard setback. It is important to note that an existing forested buffer of approximately 100 feet would still be retained between the proposed dwelling site and the orchard which would still provide a significant buffer to orchard operations. AGREEMENT VARIANCE #_(_ oa (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. SIGNATURE F APPLICANT DATE (O F SIGNATURE OF OWNER E 4 (if othe than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF 71115U `T ACTION: ATE - APPROVAL DENIAL . SIGNED: Uri./ / �� BZA CHAIRMAN DATE: • i 13. Additional comments, if any: In addition, the adjoining 5 acre parcel could be sold for residential purposes at any time and the required setback would then be only 50 feet. 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 D.K. Russell & Sons, Inc. PO Box 249 Clearbrook, VA 22624 Property # 42-15-8 NameJoe & Regina Headley 396 Long Green Lane Winchester, VA 22603 Property#42-A-257 NameCeleste Crim 136 Sunshine Drive Winchester, VA 22602 Property #42-A-211 Name Paul Crosen 239 Woodcrest Drive Winchester, VA 22603 Property#42-A-209A Name Stephen D. Lineweaver 236 Woodcrest Drive Winchester, VA 22603 Property # 42-7-5 Name Preston Childress 278 Woodcrest Drive Winchester, VA 22603 Property#42-7-6 Name Property # Name Property # 9 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) Debra Johnson & Richard Oram (Phone) 540-771-0048 (Address) 220 West Boscawen Street, Winchester VA 22601 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. 140002799 on Page , and is described as Parcel: A Lot: Block: Section: do hereby snake, constitute and appoint: (Name) Michael M. Artz Subdivision: Dr. Samuel H. Whitacre Subdivision (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: _Q_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 r@6` .or. �fii rfl In witness thereof, I (we) have he et o set my (our) hand and eal this I�1`r� day of •OTA�t�EO'}. -< •••PUBLIC Signatures) * ? REQ. #315566 p ' MY uJilvilvIl EXPIRE ' Z State of Virginia, City/County of LA, _ C'_ In _Q ,Jew , To -wit: 01 I, 4 k r K P_ rv�e ; • a Notary Public in and for the J{w R4twesaid, 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 Iq ` day of wwe, 20 '1 pMy Commission Expires: S O I d ! Notary Public Vim' • July 2, 2014 Mr. Mike Artz Marsh & Legge Land Surveyors, P.L.C. 560 North Loudoun Street Winchester, VA 22601 Mr, Artz, My wife and I live at 239 Woodcrest Drive in Frederick County. Our property borders the southern portion of the property that was recently purchased by Richie Cram and Debra Johnson. It is my understanding that, in their efforts to build their home, Richie and Debra have encountered an ordinance that many of us in the neighborhood were not aware of— a 200' setback requirement for property bordering an orchard. I don't know the particular reasons for the 200' setback requirement but our neighborhood is densely wooded and there is a significant forest buffer between their desired house location and the orchard. i must wonder if the ordinance was created with open field subdivisions in mind. In this case there would be 100' of densely wooded land buffer. That would seem to bean overall better buffer than, say, 200' of open space. I fully support Richie's and Debra's request for variance to reduce the setback requirement from 200' to 100'. The variance has no negative impact upon the neighborhood and would not appear to have any negative impact upon the operation of the orchard. I have a scheduling conflict and cannot attend the hearing. I would invite you to share my thoughts with the county commissioners who will review this request. I encourage them to support the variance request. Thank you, Paul D. Crosen 239 Woodcrest Drive Winchester, VA 22603 i JOHN F. ANDERSON. ET AL TO' :: PLAT OF SUBDIVISION * '! ZAUSXW . AWDWM r.! LANUNM Gnaws I w caves. ♦T7wrow AT "W MCKiYTti� Y.MOiu .PLAT,OF,SUBDiVISION THIS PLAT OF SUBDIVISION made this Ltday of April, 1978, by and between JOHN F. ANDERSON,'unmarried, and HENRY H. WHITING, Trustee for Mary Bond Anderson, under a Declaration of Trust dated June 3, 1977, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 489, Page WITNESSETH: WHEREAS, John F. Anderson, unmarried, and Henry H. Whiting, Trustee for Mary Bond Anderson, are the owners, in fee simple, of real property hereinafter described and situate in Gainesboro Magisterial District, Frederick County, Virginia, and desire to subdivide the same as Lots 1 through 21 as shown on th plat and survey of Greenway Engineering and Surveying Company, Inc., Surveyor, dated March 29, 1978, attached hereto and made a part hereof and to be recorded herewith. NOW, THEREFORE, for and in consideration of the premises the said owners do hereby subdivide all that certain tract of land containing 105.9858 acres, more or less, lying an being situate on the West side of Apple Pie Ridge, known as the Howell Bond or Ridge property, lying and being situate in Gainesboro Magisterial District, Frederick County, Virginia, more particularly described by the aforesaid plat and surveys and being a portion of the property conveyed to John F. Andersoi and Henry H. Whiting, Trustee -for Mary Bond Anderson, by deed o: Maxwell of Winchester, Inc. dated April 11, 1978, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 489, Page The aforesaid -lots are subject to certain restrictions which are to constitute covenants to run with the land and shal be binding on all parties and persons claiming under them, and for the benefit of and limitations upon all future owners of said lots, more particularly set forth as followss �! I M . 633. i f I I i s } t LANOZNT. ANDXWMw. LAwcx. iU*vi/ ! cavity A"OOW WW At NA.. uUmmm" vw"" i S i eec�: 469 633 1. None of the lots shall, at any time be subdivided, conveyed, or sold except as a whole, nor shall there be a grant of any rights of way or easements on, over and along said lots. This restriction shall not apply to conveyance of easements and rights of way for gas and electric lines and conduits, for telephone and telegraph lines, and for water and sewer lines: 2. No office, shop, 4tore,'factory or business house .of'any kind, hospital, nursing or rest home, asylum or institution, hotel, motel, or tourist home, apartment home or farm building shall be'erected or maintained upon any of said lots, nor shall any business of any character be conducted upon any of said lots, but the same.shall be used solely for residential purposes, and the enumeration of business uses above shall not be construed to exclude any other business from this restriction.• 3. Not more than one single family dwelling house shall be erected on any of said lots. However, there may be erected on the lot a garage and such other buildings or structures as. may he reasonably necessary for.the use and enjoyment of the property as a residential property. 4. All utility, water and sewer connections or facilities are to comply with state and local health regulations. 5. No dwelling house shall be erected on any of said lots (1) to cost less than $15,000 based on the Revised' Wholesale Price Index for Building Materials (1947-1949 $100.00) as of January 10, 1972, published by the V.S. Department of Labor Bureau of Labor Statistics, and (2) containing no less than one thousand one hundred fifty (1,150) square feet of living area for one story house -and at least eight hundred fifty (850) feet of living area for eaeh.floor'of a two story house excluding basementa, attics, porches and garages. -2- 632 • aocx .439 PM-F 634 • i 6. No dwelling house, including porches and verandas; .1 and garages built onto and a part of the dwelling, or building of any character, shall be constructed or maintained closer than fifty (50) feet from the property line of said lots adjoining any street .in the subdivision, and no dwelling house, including any porches and verandas, and garages built onto and a part of the dwelling house, shall be constructed or maintained closer than fifteen (15) feet from the property of any adjoining lots. However, a garage building, which is separate and apart from the dwelling house, shall not be built closer than five (5) feet from the property line of any adjoining lots. ! 7. No motor vehicle without a current (1) license, (2) registration, and (3) state inspection shall be kept on any lot at any time but this shall not preclude the keeping of i farm and similar vehicles to be used only in connection with 1 residential occupancy upon the lots in question. 8. No cows, hogs, goats, fowl, slaughter house, or the like; or commercial dog kennels, shall be maintained upon said lots at any time. Horses and ponies for private use only may.be maintained provided they are,properly fenced. Household pets are permitted. 9. All lots shall be kept clean at all times and free from junk,'rubbish, garbate and other noxious matter. 10. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. The above and foregoing subdivision of that certain trac of land described by.the aforesaid plat and survey is made with the free consent and in accordance with the desires of the L.a.sxz. AANXRM r. XAREMKIV `� undersigned owners, this day of 4&c-z---1 1978. AnwM AT �w ✓ I a • 635 ' I� =,fr. AxuaaaOM.� uca. Owovaa s caterAt I wu�.M.6 B7 489 .,r. 635 WITNESS the following signatures and seals: (SEAL) ANDERSON / ��• (SEAL) nwv� n. ,.nusw, TRUSTEE FOR MARY BON ANDERSON under a Declaratio of Trust STATE OF VIRGINIA: COUNTY OF FREDERICK: I, Evelyn H. Stotler, a Notary Public in and for the County and State aforesaid, do hereby certify that John F. Anderson whose name is signed to the foregoing instrument, bearing date on the day of , 1978, has personally appeared before me in my County and State aforesaid and acknowledged the same. -141 Given under my hand this /;Lday of , 1978. My commission expires August 9, 1980. i STATE OF VIRGINIA : d� -ra Notary Public in and for the Count and State aforesaid, do hereby certify that Henry H. Whiting, Trustee for Mary Bond Anderson, under a Declaration of Trust, whose name is signed to the foregoing instrument, bearing date on the ,day ofI 1978, has personally appeared before me and acknowledged the same b me in my County and State aforesaid. Given under my hand this ` day of ,1978. My commission expires 1IOTARY PUBLI C 636 i I a. tr.e$i r 4891.aAg 636 /,tJodAy L� , T.i tlei It ogIZI_4a8 r; { C 400. $1' r�IJJ.a'► (� fo do y !� `• " ri • �► i ` +'', • : 4 • F l „J j Stolz M' •fJOi, l+to- 3 14 :.Z 1le fk O wI •X'to :ill 00 /P J. 00P/4a 19 J, OO/6 0� j 3 � a rgr•u' • /9 t O JJr. iv Ji> ii"? s. co6B Ar- I GI' _ � - . , J • ' ,mot - N j� p, IJO 00 / w x BRUCE EDEflS CERTIFICATE NO. � � • 53-17.3 (a)965 54-17.3 (W162 yck LAND,���4 NJ.O! Pn "Vd Or 6—nrar £wpNwtrrinp d SurParhe a. /ne. POOu6" wtnc•Ar, for, virgins 814 Im' r' _ `L IA.♦ � Q'ji J v 5.23B4 Ae. $I•.R 2 tso.00 Va. RauN 739 I JN•t K•t '00.11 70►0/ Arlo S 105.9858 Acre, FINAL PLAT ✓OHN f ANDERSON LAND 601niJAora District - Ar#ObricJ County ✓IrgMio Scale /" + 400' - March 79, 1978 VOONu MDER1CX OOLWTY, SCI. V 71�-���•+«w Maa,me,,,ad b.t. matw ' � �, day a ` � a tlt t� `�. and with W0300$0 Of 1knowledgnuM am+M .alas , .AIhItYA a rem . J D-,pjA Ja.8„`ChM. L�J TM 42-A-257 Plot North Joe Little Headley d DB 558 Pg 653 Regina H. Headley 68 374 Pg. 79 10.32 A(c. TM 42-A-211 �2� 50 Celeste Yeakley Ceeryyim 6 W I I 06 Ieslinst.#120001250 p9' p5 Ap O 54.3923 Ac. ' Parcel A I I ' 5.009 Ac. I I TM #42-15-8 w D. K. Russell d, Sons, Inc. Ln DB 550, Pg 786 poi CD Lot S 5.0001 Ac. Co Proposed I 1 story 100.0' � Dwelling 148.7' it i 001 Proposed TM 42-A-209A i Droinfield a 1 Paul D. Crosen 6 - I Q) Andrea C. Crosen o m ° a 08 869 Pg 1392 of o 2.394Ac. ' Q I °i U O to 1 mIU O I N ' a �' ° Q) John F. Anderson al -Io ' Id w Subdivision — —� o m D8 489 Pg 632 60' ERl- o IE� J 'r) 'A235.94' I _ R347.76 S 22'41'p5.. W 199 7 w100d restRIWOriVe — — TM #42-15-7 D. K. Russell do Sons, Inc. 08 550, Py 786 Lot 7 5.2029 Ac. Proposed Development Plan Pcrcel A I °F Or. Samuel N. Whitacre Subdivision '& TM #42-A-209 O MICHAEL M. ARTZ r Debra Johnson & Richard Oram Inst. #140002799 Lic. No. 1513-B Gainesboro District, Frederick County, Virginia DATE 0611912014 SCALE- 1" = 100' SHEET 1 OF 1 SUOo 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@marshandlegge.com 1D9710 • 0 Plat North DB 558 Pg 653 TM 42-A-211 Celeste Yeakley Crim & Leslie E. Yeakleyy Inst. #120001250 54.3923 Ac. TM 42-A-257 Joe Little Headley & Re_gQina H. Headley 66 374 Pgg. 79 10.3� �Cc. �21 N pg p5 Parce 5.009 eR� � I N 001TM oa�iin 42-A-209A i iPaul D. Crosen�m Andrea C. CrosenDB 869 Pg 1392o 2.394 Ac. �o I I 1� E I is I 110 I U 110 O o 60' BRL i I II 11 I 1,235.94' _S -roposed 1 story Dwellina C' d I � Q I �I QI 'o � Q I iu �I 6 Q 1 J OfLr,I MIN. L o. w O� MEn o422-41,05 .,19W0pd or R.stDri /w Proposed Development Plan Parcel A Dr. Somue/ N. Whitacre Subdivision TM #42-A-209 Debra Johnson & Richard Oram Inst. #140002799 Gainesboro District, Frederick County, Virginia DA TE.- 0611912014 1 SCALE.- 1 " = 100' 1 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 r` 00 r� w in O i 00 Cn TM #42-15-8 D. K. Russell & Sons, Inc. DB 550 Pg 786 5.0001SAc. John F. Anderson Subdivision DB 489 Pg 632 TM #42-15-7 D. K. Russell & Sons, Inc. DB 550, 5 , PT 786 ot 5.2029 Ac. ,LT H OF r'c'� 4, U- MICHAEL M. ARTZ v Lic. No. 1511.(3—B DRAWN BY MMA 1D9710 July 2, 2014 Mr. Mike Artz Marsh & Legge Land Surveyors, P.L.C. 560 North Loudoun Street Winchester, VA 22601 Mr. Artz, My wife and I live at 239 Woodcrest Drive in Frederick County. Our property borders the southern portion of the property that was recently purchased by Richie Oram and Debra Johnson. It is my understanding that, in their efforts to build their home, Richie and Debra have encountered an ordinance that many of us in the neighborhood were not aware of— a 200' setback requirement for property bordering an orchard. I don't know the particular reasons for the 200' setback requirement but our neighborhood is densely wooded and there is a significant forest buffer between their desired house location and the orchard. I must wonder if the ordinance was created with open field subdivisions in mind. In this case there would be 100' of densely wooded land buffer. That would seem to be an overall better buffer than, say, 200' of open space. I fully support Richie's and Debra's request for variance to reduce the setback requirement from 200' to 100'. The variance has no negative impact upon the neighborhood and would not appear to have any negative impact upon the operation of the orchard. I have a scheduling conflict and cannot attend the hearing. I would invite you to share my thoughts with the county commissioners who will review this request. I encourage them to support the variance req uest. Thank you, Paul D. Crosen 239 Woodcrest Drive Winchester, VA 22603 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. 0 1400'02799 0 ca Cn THIS DEED OF CORRECTION, made and dated this 14th day of April, 2014, by and between JOHN C. QUINN. Trustee of the Catherine L. Quinn Trust under Agreement dated June 7, 1993, called the GRANTOR, and DEBRA JOHNSON and RICHARD GRAM, called the GRANTEES. WHEREAS, by deed dated April 14, 2014, recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, as Instrument No. 140002683, the Catherine L. Quinn Trust was erroneously referenced as the Catherine L. Quinn Family Trust. WITNESSETH: That for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt ofwhich 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 entirety with right of survivorship as at o c common law, the following described property: c c o [5.01 ACRES ON WOODCREST DRIVE, GAINESBORO MAGISTERIAL y 3 N DISTRICT, FREDERICKCOUNTY, VIRGINIA-TAxMAP ED No. 42-A-209] zi o d All of that certain tract or parcel of land containing 5.009 acres, lying and 2 R being situate:: along the west side of Wooderest Drive, approximately 3 ; b 0.9 mile west of apple Pie Ridge, Virginia Route 739, in Gainesboro a o . Magisterial District, Frederick County, Virginia, and being more N v particularly described as Parcel A on that certain plat and survey prepared by H. Bruce Edens, C.L.S., dated April 6,1978, recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 558 at Page 653. AND BEING the same property conveyed to John C. Quinn and Catherine L. Quinn, Trustees under a certain Agreement dated June 7,1993 known as the Catherine L. Quinn Trust, from John C. Quinn and Catherine L. Quinn, his wife, by Deed dated June 7, 1993, of record in the aforesaid Clerk's Office in Deed Book 798 at Page 793. The said Catherine L. Quinn died on October 17, 1999 and her husband, John C. Quinn, became sole acting trustee of the Catherine L. Quinn Trust,. Grantor herein. Reference is made to the instruments described above and the attachments and references contained in them for a further and more particular description of the property This instrument was prepared without title examination by: John W. Truban, Virginia State Bar No. 15789 Owen and Truban, P.L.C. P. O. Box 267, Winchester, VA 22604 The existence of title insurance is unknown to the Preparer. 1 c,a conveyed by this deed. This conveyance is made subject to all legally enforceable restrictions, conditions and encumbrances of record and contained in the deeds forming the chain of title to the above -described property; provided, however, that the foregoing shall not be deemed in any way to reinstitute or republish any restrictions of record that may have expired or lapsed. Except as noted above, the Grantor covenants that he has the right to convey said property to the Grantees; that he has done no other act to encumber said property; that he will execute such further assurances of title to said property as may be requisite; that he is seized in fee simple of the property conveyed; and that the Grantees shall have quiet possession of said property free from all encumbrances. IN WITNESS WHEREOF, the undersigned has set his hand and seal all as of the day and year first above written. `� L C . I e"51 {SEAL) JOHN . UINN, Trustee of the Catheri . Quinn Trust U/A June 7, 1993 COMMONWEALTH OF VIRGINIA CITY OF WINCHESTER, TO -WIT: The foregoing instrument was acknowledged before me this 15th day of April, 2014 by John D. Quinn, Trustee of the Catherine L. Quinn Trust U/A June 7, 1993. ONE %uuuuu,,, �110 �p u,:o a•: 3=:� �% " '6�'ry�°J0 zQ g: Not- Pblic0 :•U C9��, � = O� �AY -zi � . VJR(iM A: FRMERICK COUNTY.SCI. ��. Thus instrwment of writing was produced to me on �+ IV ZD1� at 3*1i0 1 m ...� and with certificate acknowledgement thereto annexed was admitted to record. Tax imposed by Sec. 58.1-802 of SA, and 58.1-901 have been paid, if assessable, �0.'j' Clerk 2 LAK0"T. ANDt;KKON.� LAKK10, h G,wver ••111{I{ ."....V. ..T LJr W-N-WROX. Y]N1MIA I 4903 SAMUEL N. WHITACRE, ET UX TO: .. DEED HERBERT A. WOOD, JR. , ET UX 58PG651 1 THIS DEED made and dated thisc � R day of April, 1983, by and between SAMUEL N. WHITACRE and JO ANN V. WHITACRE, his wife, of the one part, hereinafter called the Grantors, and HERBERT A. WOOD, JR. and SARA FELTON WOOD, his wife, of the other part, hereinafter called the Grantees. WTTNESSETH: That for and in consideration of the sum of. Ten ($10.b0) Dollars, and other valuable consideration, receipt whereof is hereby acknowledged, the Grantors do hereby grant and convey, with general warranty and English covenants of title, unto the Grantees, as tenants by the entirety, with the right of survivorship, as at common law; all of that certain tract or parcel of land containing 5.009 Acres, lying and being situated along the West side of Woodcrest Drive, approximately 0.9 mile West of Apple Pie Ridge, Virginia Route 739, in Gainesboro Magisterial District, Frederick County, Virginia, and being more particularly described as Parcel A on the attached plat and .survey prepared by H. Bruce Edens; Certified Land Surveyor, dated April 6, 1978, and being a portion of the property conveyed • to Samuel N.Whitacre, et ux, by deed of Samuel N. Whitacre, et als, dated September 24, 1969, of record in the Clerk's Office of tDe Circuit Court of Frederick County, Virginia, in Deed Book 357, Page 291,.to which deed and the reference therein, reference is here made for a more particular description of the .realty . herein conveyed. This conveyance is made subject to the following restrictions, which are constituted covenants real to run with the lands •1. No single family dwelling shall be erected on said land of less than 2000 square feet. 2. No building shall be located on said lot closer than 1 651 �... Awnr.ow. 11 sic. a 6aovc. .TTOII•.T� �T Y� r,rc.pTa�, v,w.o. c652 �, 75 feet to the road. 3. No building shall be located closer than fifteen feet from the side line of said lot. 4, said lot shall be used for residential purposes oply and only one residence may be erected on said lot. 5. The said lot shall not at any time be subdivided, conveyed or sold except as a whole. The Grantors do hereby grant unto the Grantees a right of way From Virginia State Route 739 over the existing roads known as Woodside Lane and Woodcrest Drive to the boundary line of sai4 5.009 Acre tract. This conveyance is made subject -to the easements and rights of way, of record, if any, affecting the aforesaid realty WITNESS the following signatures and seals: %l=''/ZZ (SEAL) _.,Z1�_ n SSAMUELyN/.+ WHIT/AJCRE (SEAL) JO ATIN V. WHITACRE STATE OF VIRGINIA AT LARGE: COUNTY OF FREDERICK: I, • Q. 7�. �? �.) , a Notary Public 'in and for the State of Virginia'at Large, do hereby certify that Samuel N. Whitacre and Jo Ann V. Whitacre, his wife, whose names are signed to the foregoing Deed, bearing date on the .?/. ay of April, 1983, have personally appeared before me and acknowledged the same before me in my jbrisdiction aforesaid. My commission expires Given under'my hand thisa_day of April, 1983. 0 } r+rif ' 653 eu558Pc653 o , Y • � � i I ,� •4NOEq,�A, � E A, i • r- 2 r pvo•�• � � ' 2� t.3p* ,O�ryf tt o � • r 0 i " d•Jt•Jt'tt• OiY/fiOn O� "! w•Jn. x' Or. SAMUEL N. WHIrACRE A•2JJ. N' r.rtr n' ew. Jw• d',d-� „r.�d' 6o/n,fboro D/iUAd - Fndrkt Ce. i Virgin/s SaNI I's100• AprN i• pir/ t. OJ •Jl'J1• w.Jlt x d. J1. H' `�. rt.os tit n•.,. n t �;tr ", Y cn.,,,•fo•„-f-,..,.� C?rE:;►:r,! Lt:ui:�t�F. �� u Si:,,.�Y,an P. 0. 2a: E2 s:rw oe ' ew• >.K•,f'.fv - Pr,, dd• ti�:1Lid 0 f � c 1 iL Ull - - V CEn-�i„A•E Sa i- 5� li3 ta}:s5 fj 54 10 f W 162 Yw ft��Cb t•AA1) a�F • '1 r � 1 654 BK558PC654 The accompanying plat represents a survey of a portion of the land conveyed to Or. Samuel N. ,�hitacre by deed dated September 24, 1909, and recorded in the Frederick County Court Clerk's Cffice in Deed book 357 at Page 291. The said land IIas along the •+ost side of Woodcrest Drive approximately 0.9 mile '.pest of Va. Route 739 and is bounded j a♦ 'fol lows: j PARCEL A 4eginning at a Point in the East line of the Williams land and corner to the Anderson land; thence with Anderson, 57911 05"E 638.74 ft. to a point in the West right-of-way line of Woodcrest Drive; thence with the '.test right-of-way line of Woodcrest Drive for the two following courses: S22°41'05"W - 199.76 ft. to the P.C. of a curve to the left; thence with the arc of said curve 235.94 ft. (Radius-347.76 ft. - Chord-S03*14'54"W - 231.44 ft.) to a point corner to Parcel R; thence :fith Parcel fi, N74'29'38..W ' C612 ft. toa point corner to Parcel 6 in the lino of the 4 11 W. isms land; thence with Williams, N09105'40"W - 421.50 ft. ill•j to the beginning. II Containing 5.009 Acres Surveyed . . . . . . . 6 April 1978 }i PARCEL 6 1 Seginning at a point in the East line of the Williams land and corner to Parcel Al thence with Parcel A, S74029'38"t - f 4S6.12 ft. to a Point in the West right. -of -way line of Woodcreat Drive; thence with the West right-of-way line of Woodcrest Drive for the two following courses: with the Arc of a curve to the left 34.16 ft. '(Radius-347.76 ft. - Chord-S19°00'07"E - the thence with 34.14 ft.) to the P.C. of a curve (Radius 999.12 ft. - Chord — the Arc of said curve 17Q.68 Ft. S16039'49"E - 179.44 ft.) to a point corner to the 'n'►Il�ce,Lot; I thence with the aoidlot. N80.18'47"E - 498.03 ft. to a Point in the West sine of the Williams land; thence with Williams, N090.05'40"W - 675.04 ft. to the beginning. Containing 2.394 Acres Surveyed 6 April 1973 xUlf p '.4..11!J in , 4Nu, �l .. ii•:. is:e:'L c � tt VIRGINiA FREi)ERICK COUNTY; SCT. This insI ument of riting was produced to ms on the day of 19-�_' a and with certificate ac`cno�vladgment thereto annex wag admitted to record. Tax lmpossd ay Sec. '58•64.1 of _ 1 6_, and 5354 have been paid, if assessable. J_� W CieTk COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING July 1, 2014 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #02-14 OF DEBRA JOHNSON & RICHARD ORAM On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, July 15, 2014, 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 #02-14 of Debra Johnson & Richard Oram, submitted by Marsh & Legge Land Surveyors P.L.C., for a 100 foot right side yard variance to a required 200 foot right side setback resulting in a 100 foot right side variance. This property is located on the western side of Woodcrest Drive 0.25 miles north of the intersection with Woodside Place which is located off of Apple Pie Ridge Road and is identified with Property Identification Number 42-A-209 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. Information regarding this application will also be available via the Planning Department's website at umilw feva nc Sincerely, ark Clie a Zoning Administrator MRC/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 y This is t certify that the attached correspondence was mailed to the following on ,I( from the Department of Planning and Development, Frederick County, Virginia: 42 •7• - 5- 42 - A- - 209- LINEWEAVER STEPHEN D JOHNSON DEBRA 236 WOODCREST DR DRAM RICHARD WINCHESTER VA 22603.4356 220 W BOSCAWEN ST WINCHESTER VA 22601.4118 42 7 6 CHILDRESS S PRESTON 42 -15- - 8- 27B WOODCREST OR RUSSELL 0 K & SONS INC WINCHESTER VA 22603.4356 PO BOX 249 CLEAR BROOK VA 22624.0249 -� Marsh & Legge Land Surveyors 42 - A- -257- Attn: Mike Artz HEADLEY JOE L 560 N. Loudoun St. HEADLEY REGINA H Winchester, VA 22601 396 LONG GREEN LN- WINCHESTER VA 22603.4343 42 • A• - 211- CRIM CELESTE YEAKLEY YEAKLEY LESLIE E 136 SUNSHINE DR WINCHESTER VA 22602.6746 42 - A- - 209•A CROSEN PAUL D CROSEN ANDRA C 239 WOODCREST DR WINCHESTER VA 22603.4359 Mark R. Cheran, Zoning & Subdivision Administrator Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK I, A�a L �—Z_-'.- , a Notary Public in and for the State and County aforesaid, do hereby certify that Mark R. Cheran, Zoning & Subdivision Administrator for the De p rtment of Planning and Development, whose name is signed to the foregoing, dated I L-I , has personally appeared before me and acknowledged the same in my State a d County aforesaid. Given under my hand this % day of OLI& My commission expires on -CJ rL.,,, � e , 1 aw 1 'l NOT I41P,-.-- PAMALA DEETER NOTARY PUBLIC REGISTRATION # 364474 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES DECEMBER 31, 2017 ' l �sr .i. f •�� REQUESTING AGENT: o r;E copy DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY, VIRGINIA 1'Y1 C'{ k GIS, MAPPING, GRAPHICS WORK REQUEST DATE RECEIVED: y REQUESTED COMPLETION DATE: 7 Department, Agency, or Company:_ Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROJECT: FAX: iq DESCRIPTION OF REQUEST: (Write additional information on back of request) �i '�­ho.e '�k G raM r=N 1-�a-A- A09 DIGITAL: SIZES: COLOR: PAPER: FAX: E-MAIL: 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) S r-3 '�I. & ya, d L,/Q- ")'(1,hL,z— 0 • COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING July 1, 2014 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST 402-14 OF DEBRA JOHNSON & RICHARD ORAM On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, July 15, 2014, 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 #02-14 of Debra Johnson & Richard Oram, submitted by Marsh & Legge Land Surveyors P.L.C., for a 106 foot right side yard variance to a required 200 foot right side setback resulting in a 100 foot right side variance. This property is located on the western side of Woodcrest Drive 0.25 miles north of the intersection with Woodside Place which is located off of Apple Pie Ridge Road and is identified with Property Identification Number 42-A-209 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. Information regarding this application will also be available via the Planning Department's website at www.fcva.us. Sincerely, elZea Zoning Administrator MRC/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 NOTIFICATION OF PUBLIC HEARING July 1, 2014 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #02-14 OF DEBRA JOHNSON & RICHARD ORAM On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, July 15, 2014, 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 #02-14 of Debra Johnson & Richard Oram, submitted by Marsh & Legge ,,Land Surveyors_P LC., for-a���right side yard variance to a required 200 foot right side 1 setback. This property is located on the western side of Woodcrest Drive 0.25 miles north- of -the ' 1 n a 10 4ntiersection with Wood -side Place which is located off of Apple Pie Ridge Road and is identified r`S With Property Identification Number 42-A-209 in the Gainesboro Magisterial District._ S S6, v� 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. Information regarding this application will also be available via the Planning. Department's website at www.fcva.us. Sincerely, Mark Cheran Zoning Administrator MRC/pd NOTIFICATION OF PUBLIC HEARING July 1, 2014 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #02-14 OF DEBRA JOHNSON & RICHARD ORAM On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, July 15, 2014, 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 #02-14 of Debra Johnson & Richard Oram, submitted by Marsh & Legge Land Surveyors P.L.C., for a 100 foot right side yard variance to a required 200 foot right side setback resulting in a 100 foot right side variance. This property is located on the western side of Woodcrest Drive 0.25 miles north of the intersection with Woodside Place which is located off of Apple Pie Ridge Road and is identified with Property Identification Number 42-A-209 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. Information regarding this application will also be available via the Planning Department's website at www.fcva.us. Sincerely, Mark Cheran Zoning Administrator MRC/pd APPLICATION FOR VARIANCE FREDERICK COUNTY, VIRGINIA -OFFICE USE ONLY - Variance Application # D o ` �-1 Submittal Deadline + ;z0 I q Submittal Date 1 4 For the BZA Meeting o ' -t I c Fee Amount Paid Ll So Initials: Receipt # ss q(p Sign Deposit Paid S 50 MUST BE TYPED OR FILLED OUT IN INK — PLEASE PRINT The applicant is the owner _a other 7 . (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) NAME: Michael M. Artz C/O Marsh & Legge NAME: ADDRESS: 560 North Loudoun St Winchester, VA 22601 TELEPHONE: 540-667-0468 ADDRESS: TELEPHONE: The property is located at (give exact directions and include State Route Numbers): on the western side of Woodcraft Drive 0.25 miles north of the intersection with Woodside Place (which is located along the north side of James Wood High School and can be accessed from Apple Pie Ridge Road. 4. The property has a road frontage of 435.7 feet and a depth of 525 feet and consists of 5.009 acres (please be exact). _ 5. The property is owned by Debra p p y y Debra Johnson 8 Richard Oram aSrey)��P'f,"'t�C Olt John C. Quinn recorded (previous owner) in deed book;no.' ��"` on page �! or instrument number 140002799 ofthe' deed bi.o Clerk 7 _ 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.): 42-A-209 8. The existing zoning of the property is: RA 9. The existing use of the property is: vacant 10. Adjoining Property: USE ZONING North orchard RA East residential RA South residential RA West vacant/forest 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.") Side yard variance to the required 200' orchard setback IDo' 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 Adjacent property is a 5 acre lot and would normally require a 50' setback but is currently being used as an orchard. Due to location of drainfield, driveway access and steep topography, the only reasonable building site would encroach into the required orchard setback. It is important to note that an existing forested buffer of approximately 100 feet would still be retained between the proposed dwelling site and the orchard which would still provide a significant buffer to orchard operations. • • AGREEMENT VARIANCE # D d - / y (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. SIGNATURE F APPLICANT DATE SIGNATURE OF OWNER C 1'>N: (if othe than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF ACTION: -DATE- APPROVAL DENIAL SIGNED: BZA CHAIRMAN DATE: 0 0 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) Debra Johnson & Richard Orem (Address) 220 West Boscawen Street, Winchester VA 22601 (Phone) 540-771-0048 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. 140002799 on Page Parcel: A Lot: Block: Section do hereby make, constitute and appoint: (Name) Michael M. Artz (Address) 560 North Loudoun Street, Winchester Va 22601 and is described as Subdivision: Dr. Samuel H. Whitacre Subdivision (Phone) 540-667-0468 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 571 _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: `,��Illllftff� This authorization shall expire one year from the day it is signed, or until it is otherwise r@ ,i ill. In witness thereof, I (we) have eto set my (our) hand and eal this ���� day of OTAgidi. •'PUBLIC *: Signature(s) REG. #315566 ; �t ` . , = ©'• EXPIRE State of Virginia, City/County of W t� C_. �U .3 i . a , To -wit: :�'Li�O.,. • :. � � `� �4 ` I, ) 4 X C._4*_kJ i -v5, K r P_ ry.k a Notary Public in and for the I{rr��A,4ffesaid, 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 I c{ day of c v tom, 20 i `! . t; A--L ���My Commission Expires: f O l di / J q Notary Public J I 13. Additional comments, if any: In addition, the adjoining 5 acre parcel could be sold for residential purposes at any time and the required setback would then be only 50 feet. 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 D.K. Russell & Sons, Inc. PO Box 249 Clearbrook, VA 22624 Property#42-15-8 NameJoe & Regina Headley 396 Long Green Lane Winchester, VA 22603 Property#42-A-257 Name Celeste Crim 136 Sunshine Drive Winchester, VA 22602 Property#42-A-211 Name Paul Crosen 239 Woodcrest Drive Winchester,.VA 22603 Property#42-A-209A Name Stephen D. Lineweaver 236 Woodcrest Drive Winchester, VA 22603 Property # 42-7-5 Name Preston Childress 278 Woodcrest Drive Winchester, VA 22603 Property#42-7-6 Name Property # Name Property # 6 0 � 0 J(IN Document Approval Form PLEASE RE«ENV THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TrME OF YOUR APPROVAL. ` IFTffISD0CUAffNTDOESNOTMEET YoUR.4PRR0V,(L pLEASEPR0VIDE COAfA1ENTSAS TO WHAT YOU WOULD LIKE TO HA VE COWLETED. Candice lrvlark Dave Eric Afike John COMMENTS: Initials Date & Time Received by Clerical Staff (Date & Time): (S:Oftice on BlackboxWormsMocument Approval Form—12/27/13) 4%(;Lr�►� tee. �D �" � `�� To: Barbara -Data Processing c Y1ct� rctm From: Pam -Planning Dept. Please print sets of labels A (; q by1 1 Thanks! 13. Additional comments, if any: In addition, the adjoining 5 acre parcel could be sold for residential purposes at any time and the required setback would then be only 50 feet. 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 D.K. Russell & Sons, Inc. PO Box 249 Clearbrook, VA 22624 Property ,#,42-.15-8 NameJoe & Regina Headley 396 Long Green Lane Winchester, VA 22603 Property,#42-AA 257 Name Celeste Crim 136 Sunshine Drive Winchester, VA 22602 Property #42-A=211 Name Paul Crosen 239 Woodcrest Drive Winchester, VA 22603 Property#42-A-209A" Name Stephen D. Lineweaver 236 Woodcrest Drive Winchester, VA 22603 Property#42-7=5, Name Preston Childress 278 Woodcrest Drive Winchester, VA 22603 Prope4#42=7=6"•- Name Property # Name Property. # 5 u fV LGLMIZuV� 5 aacoi VARIANCE APPLICATION #02-14 DEBRA JOHNSON & RICHARD ORAM Staff Report for the Board of Zoning Appeals Prepared: June 20, 2014 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: July 15, 2014 — Pending LOCATION: The property is located on the western side of Woodcrest Drivj.25 miles north of the intersection with Woodside Plactwhich is located off of Apple Pie Ridge oad. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 42-A-209 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) Land Use: Vacant ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Use: Orchard South: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Vacant/Forest VARIANCE REQUESTED: The�pplicant is requesting a 100-foot right side yard variance to the required 200-foot right side orchard setback. due, REASON FOR VARIANCE: The property is 5 acres in size ando to topography�annot be built on at the current 200-foot setback requirement from an orchard. 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 De brcti�c�rJ0-50� 13. Additional comments, if any: To: Barbara -Data Processing From: Pam -Panning Dept. Please print Via, sets of labels by a, Thanks! In addition, the adjoining 5 acre parcel could be sold for residential purposes at any time and the required setback would then be only 50 feet. 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 D.K. Russell & Sons, Inc. PO Box 249 Clearbrook, VA 22624 Property,#42-1 &=&-) NameJoe & Regina Headley 396 Long Green Lane Winchester, VA 22603 Property, #42=A-257- Name Celeste Crim 136 Sunshine Drive Winchester, VA 22602 Property # 42-A-2 1-1) Name Paul Crosen 239 Woodcrest Drive Winchester, VA 22603 Property#42-A-209A-' Name Stephen D. Lineweaver 236 Woodcrest Drive Winchester, VA 22603 Property#42-7=5, Name Preston Childress 278 Woodcrest Drive Winchester, VA 22603 Property#42-7-.6 Name Property # Name Property # �V 1'y1; 4rfz 9 5 � o /V Lu'�ZU'Y S wi nckuS-6 i �/a a��� July 16, 2014 Mr. Mike Artz Marsh & Legge 560 N. Loudoun St. Winchester, VA 22601 RE: VARIANCE REQUEST #02-14 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 15, 2014. The request on parcel identified by Property Identification Number 42-A-209 was approved by the BZA to allow a 100 foot right side variance, resulting in a 100 foot right side variance. The property is located on the western side of Woodcrest Drive 0.25 miles north of the intersection with Woodside Place which is located off of Apple Pie Ridge Road and is identified with Property Identification Number 42-A- 209 in the Gainesboro Magisterial District. If you have any questions regarding this action, please feel free to call this office. Sincerely, Mark Cheran Zoning Administrator MRC/pd cc:& R Rentals-�L"�; 23�'Tje`p�iden"' ce 1✓ane, Middletown, VA 22645 Ggyff 7 ton, Back Creek District Supervisor J: des,.Marston and Greg Unger, Back Creek District Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue John Trenary, Building Official