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Home My WebLink About01-10 Old Virginia Land LLC - Back Creek - BackfileBOARD OF ZONING APPEALS Variance Request Tracking Sheet OPEN FILE: % File opened ZqReference Manual updated/number assigned / D-base updated p Location maps requested from Mapping I Adjoiner list given to Planner S (,� Application Action Summary updated MEETING DATE: FINAL ACTION: 61 CLOSE FILE: A,)I:Z�o Approval (or denial) letter mailed to applicant/copy made for file & cc's 7 0 File stamped "approved", "denied" or "withdrawn" a// J //O Reference Manual updated n D-base updated v2 )-j Application Action Summary updated Sys ID#a� 3a m m m a Q 0 bpi 0 Y c ai E N i Y O N ro I: C) V) � O a�i Qa1 Y N N n > v �' N Q > o L `n co Y C a� toU In u tiD ]G Y i L 1 c z U lD 1p c r C 0. O > u a ,-H > In DATE 9 No-3906 RECEIVED FROM "' ` A-`-` Lz ` ^' "— ADDRESS "`�' � , of '-- DOLLARS $mot ' ❑FOR RENT ❑FOR V 11LCl'Vl� C r��t�X.kiLi )�tC�LI ACCOUNT AMT. OF CASH ACCOUNT AMT. PAID i CHECK BALANCE MONEY DUE ORDER BY Y( • � �liE(07Y COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 February 17, 2010 Ms. Kenny Yost Old Virginia Land, LLC 101 Lee St. Winchester, VA 22601 RE: VARIANCE REQUEST #01-10 Dear Ms. Yost: This letter is to confirm that the above -referenced variance application was approved by the Board of Zoning Appeals at their meeting on February 16, 2010. The request on parcel identified by Property Identification Number 69A-1-30-5 was modified by the BZA to allow a 35 foot left side yard variance and a 35 foot right side yard variance, resulting in side yard setbacks of 15 feet. The request for a 75 foot rear yard variance, resulting in a 25 foot rear yard setback, was approved as presented. The property is located south on Abelia Trail, Section 30, Lot 5 of Enon Springs, Shawneeland, in the Back Creek Magisterial District. If you have any questions regarding this action, please feel free to call this office. Sincerely, . 100 Mark R. Cheran Zoning Administrator MRC/bad cc: Gary A. Lofton, Board of Supervisors, Back Creek District Greg Unger and Kevin Crosen, Back Creek Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue John Trenary, Inspections 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 VARIANCE APPLICATION #01-10 OLD VIRGINIA LAND, LLC Staff Report for the Board of Zoning Appeals Prepared: February 2, 2010 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: February 16, 2010 - Action Pending LOCATION: South on Abelia Trail, Section 30, Lot 5 of Enon Springs, Shawneeland MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 69A-130-5 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) Land Use: Residential and Vacant ADJOINING PROPERTY ZONING & USE: North: RA (Rural Area) South: RA (Rural Area) East: RA (Rural Area) West: RA (Rural Area) Use: Residential Use: Vacant Use: Vacant Use: Vacant VARIANCE REQUESTED: The applicant is requesting a 40 foot right and a 40 foot left yard variance, resulting in a right side and a left side yard setback of 10 feet, and a 75 foot rear yard variance, resulting in a rear yard setback of 25 feet, for the construction of a single family dwelling. REASON FOR VARIANCE: With current setbacks and the size of the property, there is no buildable area to build a dwelling. Variance 401-10, Old Virginia Land, LLC Februaiy 2, 2010 Page 2 STAFF COMMENTS: Frederick County adopted zoning in 1967. The Frederick County historical zoning map shows this property was zoned A-2 (Agricultural General) in 1967. The property setback lines at the adoption of the zoning ordinance were 35 feet for the front and 15 feet for the side yards. Frederick County amended its Ordinance in 1989 and 2009 to change the A-2 zoning districts to the current RA (Rural Areas) Zoning District, making the current setbacks for the property 60 feet to the front, 100 feet to the rear, 50 feet to the right, and 50 feet to the left. Based on the small size of this property and the large setbacks associated with the RA zoning district, the applicant is requesting a 40 foot right and a 40 foot left yard variance, and a 75 foot rear yard variance. This variance, if granted, would result in a 10 foot right side yard setback and a 10 foot left side yard setback, and a 25 foot rear yard setback. The majority of the properties located in the Shawneeland Subdivision are zoned R5 (Residential Recreational Community) and would have a setback of 35 feet from R.O.W., 25 feet in the rear and 10 feet on the sides. This request from the current RA zoning district setbacks would result in setbacks similar to, but still larger than, the rest of Enon Springs. STAFF CONCLUSIONS FOR THE FEBRUARY 16, 2010 MEETING: The Code of Virginia 15.2-2309 (2), states that no variance shall be granted unless the application can meet the following requirements: 1) The strict application of the Ordinance will produce an undue hardship. 2) The hardship is not generally shared by the properties in the same zoning district and vicinity. 3) That the authorization of such variance will not be a substantial detriment to the adjacent property and the character of the district will not be changed by the variance. The applicant is seeking this variance in order to construct a single-family dwelling. The following variance request meets the criteria of The Code of Virginia 15.2-2309 (2). Should this variance be granted, the building setbacks for this property would be 10 feet on both sides and would change to 25 feet on the rear property line. Old Virginia Land, LLC 29 c LPy m �iJl 9 69A 130 VIRGINIA LAND LLC 9?� �>� 699 Y ly�9y OLO � P wo , may or Variance # 0 1 - 10 O �o Current Zoning as y '-pA ?� 9 �s PIN: 69A - 130 - 5 AY yea ep i 03 n Q, y o n 1 yyy rn rp FNi, yNo c o ice/ 70 v N r o f �y OR y Z � W pRDEN�E 55 " S O en Pc N O n ��y��' -- - Xl�p% c�9 y Rp a, y22 7 `O 7 o v�p o r o 600 RD � Q G o wo y< �N y N • �� r - - -WARDENSVILLE --- CR= 74 69A 231 1 HORTON WILLIAM J & BRADLEY J L �P Case Planner: MCheran Fo—R137Syaps 2oiYA 4w—">Inra.e \lanu4durinG—n- N12(1-0mifinenl Diari,) • 0mon,". >I.nuGdurine Rrll 0.i/Runl]re.11W.- O VAR0210 OltlV1rginmLandLLC BI (Bu:dnra, ..\ulLhbarh�od Dulrinl41M 41M Inn (\labile 11on—'ommun6yDivIrN)41M Rd(Rnidenlial Planned Du—n) RP (Rnldvntul Perfum.ance Ul.l AcH s��no P �rrbrn lMrelupmenl\m BS (.—I lB.lria) Nil (lndu—l.ldehl 1-HO) ('-w.l aupp-Dilrirll •RS(R—lal Recr—iu- amm—inD1-1 � 1 aI �,N� �%`.� ��aa� Bd(Buine.., InduarulTnn+iriun Diracll 0 125 250 500 Feet w E �4✓ S ?� ND LLCAn OLD VIRGINIA9 npZP wn 3 ok r 'rp v GI t m� 1 ur ,, ,� ♦ fir �1•: 00 Cp mo (n y s y m v E Rc v pSt R S v N m z y 1;10 �1 (n y N 2 � Y 9y y o 9 . %�O •F J 0 D 0 O , C� F ' R �,1R_ S _-_� _-__-- ___ --_ _ - WARDENSVILLE OR- --_-. a + 69A 231 1 ' HORTON WILLIAM J & BRADLEY J p 'S. Old Virginia Land, LLC Variance # 0 1 - 10 Aerial Photos (2006) PIN: 69A - 130 - 5 Case Planner: MCheran F.—Rol Bypass Zoning 4mE\I (F: - DL rldl %. (Induerr4L bmenl Dlstrl.0 •-"oDirr-\I P.r41 R\(Runllm Ulrlel -L OVAR021001dVrgnaLanCLLC BI IBu.In\1¢hborpood lR hM) aF(Ili¢her F.dunM1un Dnhirh 4m \IIII(,lopde llnme(ommunih Dierrinl RIIRe.idrnti.l Ylann•d ('ommunih lh hlal) RP(RNdrnlirl Yrrform.iwe Dl:l Arh s-��x� �rrhrn l4.elopmrm.\rea RS (BuJn. ( enl Dblri 11 \II (Indu.lriul, ll¢hl lh.lnah • \la (\Irdrnl,uppan DLrrirh4M R:(Re.idrnlul Rnrnli mal(ommwih l �1\\�\ BI IBuMess IndusrLl Tnn.Bwn Wrnn1 Y�i 1 �r}f� �- W F 0 125 250 500 Feet �4K S R� APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA -OFFICE USE ONLY - Variance Application No. b/- /O Submittal Date: Aako-7— Fee Paid: a initials: Sign Deposit Ve Submittal Deadline: /O _ For the meeting of 6 MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner _X other . (Check one) Please list all owners, occupants (adult individuals as well as any entities occupying the property), or parties in interest of the property. 2. APPLICANT: NAME:_Old Virginia Land, LLC ADDRESS 101 Lee St. Winchester, VA 22601 TELEPHONE: 540-662-9470 OCCUPANT: (if different) NAME: ADDRESS: TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): South on Abelia Trail, in the Back Creek District of Frederick Co. VA 4. The property has a road frontage of _99.75feet and a depth of _200.05feet and consists of J19,980 sq ft_ (please be exact). 11 r 5. The property is owned by _Old Virginia Land, LLC as evidenced by deed from Christine P. Kimberline recorded (previous owner) in Instr. 060003176 on page _0218 of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: Back Creek District 7. Property Identification No.:_69A-1-30-5 8. The existing zoning of the property is: RA 9. The existing use of the property is: Vacant 10. Adjoining Property: USE North Vacant _ East Vacant South Residential West Vacant ZONING RA RA 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 40' side yard variance on the right and a 40' side yard variance on the left and a 75' rear yard variance to create a suitable building site. 12. List specific reason(s) why the variance is being sought in terms of- - X exceptional narrowness, shallowness, size or shape of property, or - exceptional topographic conditions or other extraordinary situation or condition ofproperty, or the use or development of property immediately adjacent thereto 7 nj r 13. Additional comments, if any: 14. The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the variance is being sought, including properties at the sides, rear and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notified by mail of this application: NAME William J. & Bradley J. Horton Address 690 Wardensville Grade, Star Tannery, VA 22654 Property ID # 69A-231-1 Allen L. & Dorothy H. Shirley Address 114 Ebert Rd., Winchester, VA 22603 Property ID # 69A-130-4 James S. & Bonnie W. O'Brian Address 100 Stone Point Dr. U301, Annapolis, MD 21401 Property ID # 69A-130-6 Richard A. & Lois M. Matthews Address 109 Palomino Way, Red Lion, PA 17356 Property ID # 69A-130-19 Brandon C. Bockey Address 382 Aileen Ave, Strasburg, VA 22657 Property ID # 69A-130-20 James F. Stickley Address 987 Goodview Dr. Front Royal, VA 22630 Property ID # 69A-130-21 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. 4P r AGREEMENT VARIANCE# d)J—/® (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 contain d rei re, to the best of my knowledge, true. rh(5 r . SIGNATURE OF APPLICANT 1 t��l /�`► �""� ��"C DATE L SIGNATURE OF OWNER DATE (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF /(. ACTION: - DATE - APPROVAL SIGNED: BZA CHAIRl AN DENIAL DATE: 10 = m KITCHEN DINING ROOM 92.28 SO FT 7'-3" 7.38 LIGHT REO'D Gg 3.69 VENT REQ'D •F >6,11 LIGHT PROYD 23.03 VENT PROVE) 32" 14'-8' f CLG SEAM: 2-1 1/3•"1 ♦- M.L U GREAT ROOM 197.89 50 FT 15.83 LIGHT REQ'D 7.92 VENT REO'D 24.30 LIGHT PROV'D 30.66 VENT PROYD 17'-2' MW BM PRE -MULL 76 3/657 5/8'R.0. 3046M-2 I GRAD 3M C DULAHONS E 0 ER(t0' DECO) •PREACRI Aa,,i Op*AXpTK DWCMI OMARATEWEDINOCODE ❑REDLxRED EY EMOdFFA • EPEpLL 004fPLtipN WY! REOJIRED L NOMGASEO FLUSH OPIRNOE WU REDARE AWT101W WORK ON NTE TO CjMft E THE DRYWALL IIECTIONS REFERENCEN PTLN STATE: 25221 25221 VA ■PO OON 03N OND 42' 1" 9lAL SP 24'-0' LD VIRGINIA LAND LLI 12'-0" UNIT 'B" CUSTOMEMPROJECT DORSET -T- MW BM PRE -MULL 76 3/4"x57 5/8-R.O. 3046M-2 _ e c e 14'-11' 8 �'F3o ]OD CORPORATE CENTER OR WALK-IN '; HOMES SUM 502 CLOSET WWIW.EXCELHOMES.COM � 30' 3 _... -- --------- CAMP ALL, PA 17011 , BEDROOM #1: • 170.30 SO FT ' UN ^ iv 13.62 LIGHT REQ'D N 6.31 VENT REO'D 24 22.60 LIGHT PROYD q 11.40 VENT PROMO D q BATH #2 12 PRO OM U wro NON is THE YPom of Hates, CDCN of THE ANYUG " '-0' DR • EN WTVO N. G OR De 6. } -0' -1 • E 0 wwm wTHDur THE EXPAESE wrtTTEr, YATKVT 'ry WASH Y TN m aWwrtaEEJ6ftxaiEa.LLc. CLO ADJUSTMENTS MADE FOR 30" 3Q" CODECONPu_CE AND CAPANUTY 30 PRODUCTION HALLJc��Ju I BATH # DRAWING MAYSEREVERSEO -—, 30 30 o 2'-' BEDROOM #2 �9 ` BEDROOM #3 CLO, 104.18 SO FT 8.33 LIGHT REQ'D o a 36 107.71 SO FT O 30' 4.17 VENT REO'D N/14' SL 8.62 LIGHT REO'D 2x} 22.60 LIGHT PROV O D 4.31 VENT REO'D 11.40 VENT PROYD 11.30 LIGHT PROYD 30. 11'-5' 5.70 VENT PROMO CLO' 2'-0'? MW BM PRE -MULL 76 3/457 5/8"R.O. 3046M-2 o w� 2i FETY 3046M 0 a°. GLA EZ DRAW NG TITLE FIRST FLOOR PLAN FIRST FLOOR PLAN SCALE'. SHEET: d ep N LOT 5 C)� 19,980 U ap sq. ft. ARI ABEL6 31 59.E g9.75' N 80 PROPOSED NOTE: THIS LOT WELL HAS NO BUILDING SITE DUE TO 50' l SIDE SETBACKS l E1 60' ORE ' cn PROPOSED D y DRAINHELD o ,5 w U'- LOT 6 CD o rn cn o 1m N LOT 4 0 0 O o � a EXIST. l l � I PROPOSED 200 sq.ft. l o DWELLING m A 25' BR U 10 0 PROPOSED CJ 100 00 32' 45. W S B� 69A-2-31-1 WILLIAM J. HORTON & BRADLEY J. HORTON tS21/546 PROPOSED PLAT forLOT ,VARIANCE 5 /Z➢PLAT e 1 SECTION 30 ENON SPRINGS, SHAWNEE-LAND BACK CREEK DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1" = 40' DATE: NOVEMBER 6, 2006 Artz and Associates, PLC PRESENT OWNER: A Subsidiary of Valley Engineering, PLC OLD VIRGINIA LAND L.L.C. �� SURVEYING LAND PLANNING DEVELOPMENT 16 East Piccadily Street TM #69A-1-30-5 I�ST# 060003176 740 "DN°667-32. VA. 22501-667 TEL 540-667-3233 FAX 540-667-9188 PROJECT 021690 TOLL FREE I-800-755-7320 .y 7563-7716 EBY/cmj 0 060 . 003176 4P THIS DEED, made and dated this �_ day of February, 2006 by and between CHRISTINE P. KIMBERLIN, hereinafter called the. Grantor, and OLD VIRGINIA LAND, L.L.C., a Virginia Limited Liability Company, hereinafter called the Grantee. WITNESSETH: That for and inconsideration of the sum of Ten Dollars ($10.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantor does grant and convey, with General Warranty and with English Covenants of Title, unto the Grantee, in fee simple, together with all rights, rights of way, privileges improvements thereon and appurtenances thereto belonging, all of the following realty: All of that certain lot or parcel of land, lying and being situate in Back Creek District, Frederick County, Virginia, designated as Lot 5, Plat 1, Section 30, described and set forth in that certain Deed of Dedication of Marj ec, Inc., of recorded on July 13, 1970 in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 367, at Page 583. AND BEING the same property conveyed to Arthur S. Kimberlin and Christine P. Kimberlin, his wife, as tenants by the entirety with common law right of survivorship, by Deed from Marjec, Incorporated, a Maryland Corporation, dated April 18, 1972 of record in the aforesaid Clerk's Office in Deed Book 391, at Page 536. The said Arthur S. Kimberlin died February 24, 1990 and his interest in the aforesaid subject property passed to his wife, Christine P. Kimberlin, by the aforementioned survivorship provision. Reference is here made to the aforesaid instruments, the attachments thereto and the reference therein contained for a further and more particular description of the property hereby conveyed. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty. The Grantor does hereby covenant that she has the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and she will grant such further assurances of title as may be requisite. 1 CD cX) 40 ep WITNESS the following signature and seal: STATE OF VIRGINIA :�aeCITY/COUNTY OF , To -wit: I, � a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Christine P. Kimberlin, whose name is signed to the foregoing Deed, dated this day of February, 2006 has personally appeared before me and acknowledged, the same in my.State and jurisdiction aforesaid. Given under my hand this l3 day of February, 2006. My commission expires: �Lz�7o Notary Pyblic .,;;_►:._ ✓iC y,'t Cj E�lT.r'=k: c"VJT.T t,; i! FS 1Yi51: s2flil�•:`.� 4:i�'";v':.?Eil�'I?� �.C(a ;ft4�i�i lb rAL' oa jyt't2ie nt 'ahe1'P. to annexed a'',.;ro ........, i <:c;a rf. 'r' t.i t,'es=.: by Set:. 58.1-802 of been paid, if assessable Clerk 2 0 0 COMMONWEALTH OF VIRGINIA . VIRGINIA DEPARTMENT OF HEALTH Frederick County Health Department 107 N. Kent St. Winchester, VA (540) 722-3480 December 11, 2006 AOSE Certification Letter Old Virginia Land LLC 101 Lee Street Winchester, Virginia 22601 Re: Tax Map #69A-1-30-5; Dear Old Virginia Land LLC: This letter is issued in lieu of.a sewage disposal system construction permit in accordance with §32.1-164 H. of the Code of Virginia . The location and dimensions of the approved site are shown on the approved plat by Michael M..Artz, #1951, dated 01/05/06. The application for a certification letter was submitted pursuant to §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 site for an individual onsite sewage system was certified as being in compliance with the Board of Health's regulations (and local ordinances if the locality has authorized the local health department to accept private evaluations for compliance with.local ordinances) by Evans, Karl E. , #103 (540) 974-4830. This letter is issued in reliance upon that certification. The Board' of Health hereby recognizes that the soil and site conditions acknowledged by this correspondence, and documented by additional records on file (including those by a private Authorized Onsite Soil Evaluator, AOSE, Evans, Karl E., #103) at the local health department, are suitable for the installation of an onsite sewage disposal system. The attached survey plat shows the approved area for the sewage disposal system and well. The plat must be recorded for this letter to be valid. This letter is valid until a permit for construction is issued and the system is installed, inspected and approved. This letter is void if there is any substantial physical change in the soil or site conditions where the sewage disposal system is to be located. A permit to construct the sewage disposal system must be issued before construction of the system. if the property owner (current or future) applies for a construction permit within 18 months of the date of this letter, the application fee paid for this letter shall be applied to any state fees for a permit to construct a system. After 18 months, the applicant is responsible for paying.all state fees for a permit application. Tax'Map #69A-1-30-5 This letter must be recorded in the land records within 90 days by the clerk of the circuit court in the jurisdiction where' all or part of the site or proposed site of the system is to be located. The site shown on the plat is specific and must not be disturbed or encroached upon by any construction. To do so voids this letter. If not recorded in 90 days this letter is void. Upon the sale or transfer of the land that is the subject of this letter, the letter shall be transferred with the title to the property. Future owners are advised to review the plat for the location of the onsite sewage disposal area to make sure their building plans do not interfere with the area. If they have any questions regarding the location of the area, they should contact the AOSE or PE identified on the previous page prior to contacting the local health department for assistance. The area evaluated, and certified by this letter, is suitable to accommodate a 2 hedroom house using a system design of 300 gallons per day . The property will be served by a private water supply as shown.on the attached plat. This letter is an assurance that, a sewage disposal system construction permit will be issued (provided there have been no substantial physical changes in the soil or site conditions where the system would be located); however, it is not a guarantee that a permit for a specific type of system will be issued. The design of the sewage system will be determined at the time of application for a building permit and sewage system construction permit. The design will be based on the site and soil conditions certified by this letter, structure size and location, water well location (final determination to be made at time of permit issuance), the regulations in effect at the.time, and any off -site impacts that may have occurred since the date of the issuance of this letter. In some cases, engineered plans may be required prior to issuance of the construction permit. In accordance with §32.1-164.1:1 of the Code of Virginia , owners are advised to apply for a sewage disposal construction permit only when ready to begin construction. This certification letter may be subject to and must comply with any applicable local ordinances. Sincerely, Douglas Dailey EHSS Attachment: Surveyed Plat pc: Evans, Karl E. 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING February 2, 2010 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #01-10 OF OLD VIRGINIA LAND, LLC On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, February 16, 2010, at 3:25 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 #01-10 of Old Virginia Land, LLC, for a 40 foot right and a 40 foot left yard variance, resulting in a right side and a left side yard setback of 10 feet each, and a 75 foot rear yard variance, resulting in a rear yard setback of 25 feet, for the construction of a single family dwelling. This property is located south on Abelia Trail, Section 30, Lot 5 of Enon Springs, Shawneeland, and is identified with Property Identification Number 69A-1-30-5 .in the Back Cree, 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. �11111r, xxxovl+ LVx DMJ/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to ce -tify that the attached correspondence was mailed to the following on 1�4/(Q from the Department of Planning and Development, Frederick County, Virgi ia: / ' -- - - -- - -- - --- ___ .. - 69A -1.30. 21 69A - 1.30- 5• STICKLEY JAMES F. OLD VIRGINIA LAND LLC 987 GOODVIEW DR 101 LEE ST FRONT ROYAL VA 22630.5310 WINCHESTER VA 22601.3827 -- -- 69A -2.31• 1- HORTON WILLIAM J & BRADLEY J 6901 WARDENSVILLE GRADE STAR TANNERY VA 22654.1849 69A • 1.30- 4- SHIRLEY ALLEN L. & DOROTHY H. 114 EBERT RD WINCHESTER VA 22603.4700 it 69A -1.30. 6- O`BRIAN JAMES S & BONNIE W i 100 STONE POINT DR UNIT 301 ANNAPOLIS MD 21401.6984 69A -1-30. 19 - - - - - - - MATTHEWS RICHARD A. & LOIS M. 109 PALOMINO WAY j RED LION PA 17356.7907 69A 1-30. 20- BOCKEY BRANDON C RASH ANNA E 104 ABELIA TRL STAR TANNERY VA 22654.1700 Cana M. Johnst , Zoning Inspector rederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, doh •eby certify that Dana Johnston, Zoning Inspector forth Department of Planning and Development, whose name is signed to the foregoing, datedT/6 , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this q7td— day of My commission expires on 3(l, .::+,1l.'a1 ]i%�ti^.i.:^�il]1�•sSizits`xti,lY5J. Y'.:+c.�.^:1'.4ti':.��::..T•Lc,G"1^.:w'1'.� �--Ii�`�/'� B VERVI H. DELI.ING%1R NOTARY ID # 33187E t NOTARY PUBLIC t,.sr.,aJ"t ilA1FALCH OF VIRGINIA NOTARY PU LIC r! c•ti�!�rS JULY 31, 2(111 OLD VA. LA�Jb TO: BARBARA-DATA PROCESSING 1 ,� _ FROM: BEV - Planning Dept. �e - Please print sets of labels by THANKS! 13. Additional comments, if any: 14. The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the variance is being sought, including properties at the sides, rear and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notified by mail of this application: William J. & Bradley J. Horton Address 6901Wardensville Grade, Star Tannery, VA 22654 - Property ID #- 69A-23'1-1 Allen L. &Dorothy H. Shirley Address 114 Ebert Rd., Winchester, VA 22603 Property ID # 69A-130-4 James S. & Bonnie W. O'Brian Address 100 Stone Point Dr. U301, Annapolis, MD 21401 Property ID # I 69A-130-6 ,%" Richard A. &Lois M.Matthews,/ Address 109 Palomino Way, Red Lion, PA 17356 Property lD # ' 69A-130-19 Brandon C. Bockey ✓ Address 382 Aileen Ave, Strasburg, VA 22657 / Property ID# 69A-130-20-'�/; James F. Stickley'/ Address 987 Goodview Dr. Front Royal, VA 22630 Property ID # 69A-130-21- Address Property ID # r 9 • N LOT 5 00 Z N 19,980 U adzz CD sq. f t. A`BEL6 AR RAIL 1 N 80 3 PROPOSED NOTE: THIS LOT WELL HAS NO BUILDING SITE DUE TO 50' SIDE SETBACKS ' BRL PROPOSED o z DRAINFIELD �� N N Io L11 LOT 6 Lq m w cn o ' m N LOT 4 o 0 0 O o -P m o PROPOSED 2,880 Sq. PROPOSEft. � - pWELLING � Z5' BRL U, 10 •� r D o - S 80' 32' 45" W 100.00' 69A-2-31-1 WILLIAM J. HORTON & BRADLEY J. HORTON 821/546 PROPOSED �D VARIANCE PLAT forLOT 5 0MICHPLAT 1, SECTION 30 ENON SPRINGS, SHAWNEE LAND BACK CREEK DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1" = 40' DATE: NOVEMBER 6, 2006 PRESENT OWNER: F and Associates, PLC diary of Valley Engineering, PLC OLD VIRGINIA LAND, L.L.C. YING t Pi PLANNING DEVELOPMENT16 East Piccadilly Slreet 4740 TM #69A-1-30-5 INST# 060003176 W0-667-32 VA. X 54 —667540-667-3233 FAX 540-667-9188 PROJECT #21690 TOLL FREE 1—B00-755-7320 � 201G Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TMIE OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED. IMTIALS DATE & TIME Candice Mar Dana Eric Mike John COMMENTS: Received by Clerical Staff (Date & Time): U:\Pam\Common\Document Approval Form.wpd