Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
02-11 Connie Carter - Gainesboro - Backfile
BOARD OF ZONING APPEALS Variance Request Tracking Sheet OPEN FILE: zlkll File opened 5 Reference Manual updated/number assigned S D-base updated S� Location maps requested from Mapping X-11L_ Adjoiner list given to Planner (� Application Action Summary updated MEETING DATE: `T FINAL ACTION: ,l&//rAki A% Vs - 70/v CLOSE FILE: Approval (or denial) letter mailed to applicant/copy made for file & cc's File stamped "approved", "denied" or "withdrawn, Reference Manual updated D-base updated % Application Action Summary updated d �j 1 Z S" RD # 6-t -E0 �), -�a5 DA]A4�- N11. RECEIVED FRC)nn @ ( r , l Vty a AGDRESS S � V -�- ��'��-� --• ck'Y�t. CQ FOR. RGNlT FOR �iL°�!i..N� A :kt Yui sst1's.;nwiS.R: AMT. OF LASH ACCOUNT _1i AMT. PAID— CHECK _^ BALANCE IMONEY DUE ORDER BY c� CO a C o I ERICK Department of Planning and Development 540/665-5651 ,0.GINFAX: 540/ 665-6395 1739 July 15, 2011 Ms. Connie Carter 130 Rhinehart Lane Gore, VA 22637 RE: VARIANCE REQUEST #02-11 PIN #28-A-22 Dear Ms. Carter: The Board of Zoning Appeals, at their meeting on May 17, 2011, tabled the above referenced variance request and directed staff to conduct further research and to bring the request back to the Board for their meeting on July 19, 2011. After physically measuring the distance from the deck to the road, staff determined that the current setback is 60 feet and the property is not in violation of the Frederick County Code. This issue could have been averted had the correct setback been listed on the building permit for the deck. In conclusion, no further action will be taken on Variance Request #02-11 by the Board of Zoning Appeals; this matter is concluded. You may pick up your building permit in the Inspections and Permits Department. Also, please return the Variance sign so that we can start the process of refunding the $50.00 deposit. If you have any questions regarding this letter, please feel free to call this office. Sincerely, �A Mark R. Cheran Zoning Administrator MRC/bad cc: Gary W. Dove, Gainesboro District Supervisor George Kriz and Charles Triplett, Gainesboro Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue John Trenary, Building Official 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Wrl_n PT FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 July 8, 2011 Ms. Connie Carter 130 Rhinehart Lane Gore, VA 22637 Re: Variance Application #02-11 Dear Ms. Carter: Staff called the number listed on your application and found that your telephone number has been disconnected. Staff also came to your residence but we were unable to approach the house due to several unleashed dogs blocking entry. Please contact me immediately at 540-665-5651 so that we can set up a date and time to meet with you at your residence before the upcoming Board of Zoning Appeals meeting to be held on July 19, 2011. Sincerely, Mark R. Cheran Zoning Administrator MRC/bad 'jr►� 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 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: August 10, 2011 The amount of $50.00 was deposited in line item #3-010-019110-0008 for Connie Carter. Ms. Carter had a deposit for one sign for a Variance #02-11. She 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: Connie Carter 130 Rhinehart Lane . Gore, VA 22637 RSA/pd -1w A toll I 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 • 1J 45277 f L 4rE ---- RECEIVEDFROM �La T F N0. BALANCE ___�. ADDR�I ss 8208009 C3 r� QA\Q 300.00 1—=6 1_ p o °( ❑ FOR RENT DOLLARS $ rf' ❑FOR. MT. OF ACCOUNT I CASH AMT. PAID CHECK BALANCE DUE I MONEY ORDER �- I A DATE K 3-31-11 NUMBE 45277 TOTALS 300. 00 .00 300.00 TTOZ/b HIMON 3HZ O'iHZ ZS3U21NI/XlaVN3d S3aIl'I3NI 3[la 30Nd'IVa S[IOI'dVA # 00' LOOL �13au0 ONINNKId Aq Pd 00' $ and aou2Tpg* 00'09 $ pTed qunouiV JNINNH'Id 00' $ gsaaequi 00' $ AgTpuad 00'0S $ pTpd buTag TedTouTzd 00'0S $ aoupTpg snoinazd 960T # �daa T066T :# •sup.zy gH?IP/HMP :J@gSTbag TTOZ/LO/6 : a-4pa TOOOT990000:# '4axoTZ Ir i J j R JNINNK'Id SIISOd3a NJIS SZZO-609ZZ VA 2I3Zs3HONIM COU�riTS�R� C— U S Z Z x°g ' 0 ' a .�R ORS ITE 1�� a rce" 'dr '330GIVdO NVI'I'IIM �oO&On1C 7.IWI00 x0I'd3a3>' Z d I 3 0 3 H x K Z Os�J,pmeo gos� `be {ilea nse taX aye at MUs�°essi,��eS�ve 1 F'Sstga ytoveM a1 Pot' S Yets°� to Sure Read StaDISu+et SaNtat`! i8�'t ' `. � Stteetl. es�ve S�tvolt11a�� Seeopaa, Yt°Qett`1 pets;�state ct Dee. Rea ID .Istr SaN IIgkeirltit 0 SSA volt tab f es ce�f�< xvae°n ° te�eW oQ°� eXQ the COVOSS,O�et \ b`J V090 asbiUea e tes \\ ptllet aU , aOfftce,,,r P►da�teas�tf ReNen yak C°°t'ty 225 teaerC O g0 �p4,.0 �Al tt'c�jes�5��v 6 56p I gates. Bprnd° O��tc 0 0 VARIANCE APPLICATION #02-11 CONNIE CARTER Staff Report for the Board of Zoning Appeals Prepared: July 1, 2011 Staff Contact: Mark R. 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: May 17, 2011 — Tabled by BZA until July 19, 2011 July 19, 2011 — Pending SUMMARY FROM MAY 17, 2011 MEETING: The Board heard the public hearing. It was the consensus of the Board to have staff conduct research on this request in order to answer the questions needed to make a decision and to bring this request back to the July 19, 2011 meeting. STAFF COMMENTS: Staff could find no plat on record at the Courthouse. Staff called Ms. Carter and found that the telephone number she listed on the application had been disconnected. Staff then went to Ms. Carter's residence to talk with her. They were unable to approach the house due to several unleashed dogs blocking any entry to Ms. Carter's front door. A letter was mailed to Ms. Carter asking that she contact staff and set up a date and time to meet at her residence. To date, Ms. Carter has not contacted staff and staff cannot determine if a survey has been completed. Therefore, no progress has been made in resolving the setback and,permit violations. LOCATION: 130 Rhinehart Lane MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 28-A-22 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) Land Use: Residence ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Use: Field and woods 0 Variance Application #01-11 July 1, 2011 Page 2 South: RA (Rural Areas) East: RA (Rural Areas) West: RA (Rural Areas) — Connie Carter Use: Field with outbuilding Use: Road and woods Use: Woods VARIANCE REQUESTED: The applicant is requesting a 13 foot front property line variance, resulting in a 47 foot front yard setback, for a deck. REASON FOR VARIANCE: Setback and permit violations. STAFF COMMENTS: The applicant applied for a building permit after staff received a complaint that remodeling of the structure was taking place without a building permit. The applicant added a deck, with a front setback of 50 feet, without applying for a building permit. The structure was built prior to Frederick County adopting zoning, and the original deck was a smaller one than what was built by the. applicant. Staff visited the site and noted the larger deck was completed without a permit. 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 to change the A-2 zoning district to the current RA (Rural Areas) Zoning District. The Frederick County Board of Supervisors 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, and 50 feet to both sides. This property has not met the threshold requirement of an undue hardship as to the use of the property. The violation to the setback requirements of the RA Zoning District with regards to the deck is self-inflicted, and does not produce an undue hardship. An undue hardship would apply only if a principal use (house) could not be built on this parcel due to the ordinance that is in effect. Therefore, this application for a variance does not meet the requirements as set forth by The Code of Virginia 1950 as amended 15.2-2209(2), and Section 165-1001.02 (C) of the Frederick County Zoning Ordinance. The strict application of the Frederick County Zoning Ordinance does not produce an undue hardship as required by the Code of Virginia. STAFF CONCLUSIONS FOR THE JULY 19, 2011 MEETING: In conclusion, this variance request does not meet the intent nor the requirements of The Code of Virginia 1950 as amended 15.2-2309 (2) and Section 165-1001.2(C) of the Zoning Ordinance, as it relates to the threshold of a hardship. Staff would recommend denial of this variance application. Interstate Overlay District O Parcels III& phi tion \_. Future Rt 37 Bypass OUrban Development Area OSewer and Water Service Area Note: Variance # 02 -201 1 Frederick County Dept of Connie Carter Planning & Development 107 N Kent St e PIN # 28 - A - 22 Suite 202 and variance Winchester, VA 22601 13 ft front y � 540 - 665 - 5651 Map Created: April 5, 2011 0 100 200 Staff: mche4db Feet DATE: • PERMIT # (For Office Use Only) APPLICATION FOR PERMIT Owner's Name: Address: i ' i Phone Number: . Owner's are allowed to act as their own contractor provided DPOR Title 54 Ownef Contractor Definition is met. n ��:�' *Contractor's Name: (tyn n i C owy'� Address: F Phone Number: 0 *NOTE: If you have never obtained permits in Frederick County please attach a copy of yo`tii-,4tate contractor's license. Any jobs over $25,000 will also need a Frederick County Business License unless you are building in the Town of Middletown or the Town of Stephens City. You would then need that town's business license. All businesses in Frederick County are required to have a Frederick County Business Licenses regardless of the job value. Please note that all permits in the Town of Middletown are handled at the Town Office in Middletown. MECHANICS LIEN AGENT: Mechanics Lien Agent: Address: yes no (if yes, please complete below) Phone Number LOCATION OF PROPERTY Subdivision: Street Name: h are Tax Map Identification Number of the Property: %) Directions to the job site: J- r'0 tkJtsi- f Q E702-C 1 7 %' I.11Aic a 11%AIl1J —,00 %7iO Lot Number SETBACKS Front 3'a Rear u Left /O o Right /OO - TYPE OF PERMIT AP$LYING FOR: X Building 'C Electrical Mechanical Plumbing *NOTE* Under Freedom of Information Act plans can be secured upon request. PERMIT FOR: JOB VALUE: c�- — Sign I hereby agree to comply with all provisions of the Virginia Uniform Statewide Building Code and the Zoning Ordinance as adopted by the County of Frederick. Signature of Applicant APPLICANT PLEASE RINT ('onn; ��h-ci Contractor_ Owner Agent Engineer/Architect *Agents, please not that a signed authorization from the owner or contractor must be attached. Please list a daytime telephone number in which you can be reached incase of questions. � County of Frederick, Virginia 107 North Kent Street Winchester, Virginia 22601 Lien Agent: BUILDING PERMIT Permit Number: 0001715 - 2010 USBC: 2006 Application Date: 11/18/2010 Issuance Date: Renewal Date: Date: 1 /18/2011 CARTER, CONNIE OWNER 130 RHINEHART LN _ _ X. 130-hihfat Lane GORE VA 22637 — 000 0000 PHONE: 540-858-2812 :.... PHONE: 000 ::•ii:•i:;.}}};�}}:C:::.i::�::�iii:�}}::i:•::�:}i}:L}:•i:•i:•i:•iii:�i:�i:?:::ice}:�i:�}}:}}}}}i::: ..........................................................:::.:::•:::::::::::::::•::::::::::.: •.:'•.::i::'+:>.::::i:•iiiiiiiiiiii::::isi:::i}:?i.`i:>:iiiiiiii}jii':;:;S:isi{:^::?:j':iii:::i::i:`.<:5i;:;:;:;:#:jj::i>y: .................. ... ........................... i:�::::::.; �::• .:;:;Y.+.•Y.i:{•:•i'::":::.}}}: Yti:::yj;: .. ..... ........ .. }}}::.i.:..::r': y.:}}}:;::•}"i•}}i}}ii::.:::..,::•:.}}:;::'i}: �:j :::: ii:' .�1� /�..►► ;:,11:�� :. :i. .: '. < VI:.i1S ::.i:.: i}::•,::::.•'i::::'::::?:::is i::::::::ii:::::::::t:::::::ii:::v:i::;:::::}::ji:::::::::i::is2::v:::`::i::}::::::':::i::iii::::<::>::::::::::iL::::;:::::::: ?:::.+j:.. }'•?: }i}i.::: ..... ....':.. .. 4'v: .:}:?}}:}: .: }: ii}}}}}:" �::�::.:: .. :v::::::: i}}}iii}}i:.}:.}:'::'•:..: ii}:i}: ..:}}}:.::':'. ...::: . }ii:^: ii:} .::: is ii...}}Xi6:•}:3::::::::::::..•::.::::•::::.:.::::::::.... ••: i::::::. RE Account p: 00005128 .: Health Permit q: Xphe Rufydl i4F8a9 ;, COns>iR,;Type :; :> Remodeling Map Number: 28 A 22 Floodplain: _ _ �r 5fE Cup No iratue of Works Remodeling Lot: Area: Gore site Plan: 548 364 — — Section: District: .N. GAINESHdRO' ;.:.::;;:. k✓>C;i'oup;}:;�15efruURaesldenCial Set Racks:;Ffont; >. 50' ' Back: ATT Center: Building p: sub Division: USA cgK18c : rjQdetn91R�BS'': '. .. RIg11t 100+ :... Left: 100+ Frontage: Direct Ions To Site: ............ n i efiart Lane shhotfse :::: :..., ... •:........ Take Route 50 West Right o Rh !'3. :::<:>•;>::.':.;::::>•:;:::' >: 9 ...: }: . ,: ;��'•;:: .}:.; •:.•:.:;:<.}:.::..::.}:..:::•:: C .':::::isi::::::::i:i:::::::::::t:<�ii:i: .::.:::::::::::.�:::•.::::::::::::::::::::.�::::...... on the left. k., :>: > JOB VALUE: 3,000.00 Map Book 99, A 'c -HRMIT FEE: 300 . 00 ::>::' :: BLDG. SIZB # STORIES # RM # EDROOMS. # BATFIROfJa{ • `: .`. '* : ` ' • BSMT SQ FT TOTAL ♦ NOTE ADDED 2ND FLOOR * * DORMERS NOTE ♦ PORCH 16.4X16 ♦runnr_c ¢sn Pna wnPR NOTE STARTED PRIOR TO PERMIT* I hereby agree to comply with all pro,risions of the Virginia Uniform Statewide Building Code and the Zoning & Subdivision Ordinances as adopted by the County of Frederick. .*NOTE*. Under Freedom of Inf. Act plans can be secured upon request. SURVEY STANDARDS REQUIRED? YES NO INITIAL: DETAILED SITE PLAN MUIRED? YES NO IINTIIAL: Applicant (Signature) Date Building Code Official Date TOTAL FEES: 306.00 Zoning Administrator Date Applicant (Please Print) 44MOL-4 I 07/108/2009 •� RYAP.-j I ".*+ •> I I r W, �! !!CPUBLIC HEARING R ; r r.+ .J .fie • _ _. g VARIANCE Board Roo t A� �..'• i /� t / y� ♦Frederick County M i' , 1 ,• ��Adminuntraurm • 665�5I ,f �. • '�. �. a� �• � • �� Mom, � y rt .1 Am �; , S� A +i. Y w7 T3 AWL AIA s m ■.d AN tow ss • ��� ..�y 'yv t ; • A #. r � ob 10 low ..* 4F -✓ . / . �► ir III low will limiliq '�i�l�"�' : < � • r " �.�` • `�'° ` "+fir - �:'.. d w. '�� �.'a .J1..d►�w.L.i_: -1 Ll'l �u.�r'ii`...I ..�` �...�.. 1i'�Ear .� ��. 4F APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA -OFFICE USE ONLY - Variance Application No. Q_ —% ( Submittal Deadline Submittal Date: A For the meeting of Fee Paid: 19 initials: Sign Deposit MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 71i-qla 1. The applicant is the owner V( other (Check one) Please list all owners, occupants (adult individuals as well as any entities occupying the property), or parties in interest of the property. 2. APPLICANT: OCCUPANT: (if different) NAME: NAME: DRESS � � . r e- 22 i TELEPHONEB ADDRESS: TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): S 4. The property has a road frontage of—ZZL—feet and a depth of feet and consists of 3 i- acres (please be exact). The property is owned by as evidenced by deed from recorded (previous owner) in deed book page of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District:f 7. Property Identification No.: 8. The existing zoning of the property is: 9. The existing use of the property is: 10. Adjoining Property: n USE // ZONING North i East South ' t c © i� u<<,G� West 14260d 5 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.") Z -r a 0 /�, 12. List specific reason(s) why the variance is being sought in terms of: 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 d MWe b(kd- 1neA` Page yea r�) ap &r-C-Lk al t Gle" 13. Additional comments, if any: p�4 e3 .0 4� /„ *0 ve- r4s �- -a Ad -of jtLetif(6h) 14. The following naives 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 C o y Address 19or 13 oo 3 % Cae-L ts,W c2 z Co 3 7 Property ID # C2 � - /j -2- 3 coy t -a M e C-I-fetfrz-p Address P` '6 a 3 9 C6 3 Property ID # 19— / q Q f U — y Address PO /� o;P t/ S 7 Property ID Address d413 772.L. Property ID Address Property ID # Address Property ID # Address Property ID # TV 7 r r 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. /30 xfV`tnlaf-t- /ekVic- Ar.r t �TtO, `y1 r r AGREEMENT VARIANCE # OQ— I (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 terns 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 it �ation contained herein are, to the best of my knowledge true. SIGNATURE OF APPLICANT ,/ DATE SIGNATURE OF OWNER DATE (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OFJ� �L� ACTION: 'E- APPROVAL SIGNED: BZA CHAIRMAN DENIAL DATE: ,.51� 7563-8226 EBY/law b a 0 9 U 0 0 N IN I 0700 5066 0 cn THIS DEED, made and dated this 28"' day of March, 2007, by and between DANIEL L. BOYCE, Trustee for Winchester Land Trust, hereinafter called the Grantor, and CONNIE CARTER, hereinafter called the Grantee. WITNESSETH: That for and in consideration 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 Special Warranty, 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 that certain lot or parcel of land, containing 3/4 acre, more or less, together with all improvements and appurtenances thereto belonging, lying and being situate along the Northern side of what is known as the Old Rhinehart Road, at or near Gore, in Gainesboro District, Frederick County, Virginia. AND BEING the same property conveyed to Daniel L. Boyce Trustee for Winchester Land Trust by Deed from Helen H. Toms, formerly Helen S. Hook, dated June 15, 2005 of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument Number 050012844. Reference is here made to the aforesaid instruments and the references contained therein 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 he 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 he will grant such further assurances of title as may be requisite. r r WITNESS the following signature and seal: STATE OF VIRGINIA COUNTY OF FREDERICK, To -wit: V 4: V 46"J &VcA--, % QZc (SEAL DANIEL L. BOYCE, rustee for Winchester Land Trust I, Leona A. Winger, a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Daniel L. Boyce, Trustee for Winchester, Land Trust„ whose name is signed to the foregoing Deed, dated this 281h day of March, 2007, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 28`h day of March, 2007. My commission expires: May 31, 2010. VIRGINIA: FREDERICK COUNTY.SCT. This instrument of writing was produced to me on 3-a� Mori- at _ /-3Y P 114 and with certificate ',icknowlc(lgement thereto atnnexed \%as admitted to record. Tar imposed by Sec. 58.1-80) of S I , and 58.1-801 have been paid, if assessable. Clerk 2 c- •' . it I1'J "0%'' ^A.</ 6 .0 VARIANCE APPLICATION #02-11 CONNIE CARTER Staff Report for the Board of Zoning Appeals Prepared: April 25, 2011 Staff Contact: Mark R. 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: May 17, 2011 - Pending LOCATION: 130 Rhinehart Lane MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 28-A-22 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) Land Use: Residence ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) South: RA (Rural Areas) East: RA (Rural Areas) West: RA (Rural Areas) Use: Field and woods Use: Field with outbuilding Use: Road and woods Use: Woods VARIANCE REQUESTED: The applicant is requesting a 13 foot front property line variance, resulting in a 47 foot front yard setback, for a deck. REASON FOR VARIANCE: Setback and permit violations. Variance Application 401-11 — Connie Carter April 25, 2011 Page 2 . STAFF COMMENTS: The applicant applied for a building permit after staff received a complaint that remodeling of the structure was taking place without a building permit. The applicant added a deck, with a front setback of 50 feet, without applying for a building permit. The structure was built prior to Frederick County adopting zoning, and the original deck was a smaller one than what was built by the applicant. Staff visited the site and noted the larger deck was completed without a permit. 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 to change the A-2 zoning district to the current RA (Rural Areas) Zoning District. The Frederick County Board of Supervisors 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, and 50 feet to both sides. This property has not met the threshold requirement of an undue hardship as to the use of the property. The violation to the setback requirements of the RA Zoning District with regards to the deck is self-inflicted, and does not produce an undue hardship. An undue hardship would apply only if a principal use (house) could not be built on this parcel due to the ordinance that is in effect. Therefore, this application for a variance does not meet the requirements as set forth by The Code of Virginia 1950 as amended 15.2-2209(2), and Section 165-1001.02 (C) of the Frederick County Zoning Ordinance. The strict application of the Frederick County Zoning Ordinance does not produce an undue hardship as required by the Code of Virginia. STAFF CONCLUSIONS FOR THE MAY 17, 2011 MEETING: In conclusion, this variance request does not meet the intent nor the requirements of The Code of Virginia 1950 as amended 15.2-2309 (2) and Section 165-1001.2(C) of the Zoning Ordinance, as it relates to the threshold of a hardship. Staff would recommend denial of this variance application • 0 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC MEETING July 5, 2011 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST 402-11 OF CONNIE CARTER On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, July 19, 2011, at 3:25 p.m., in the Board Room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. The public hearing was held on May 17, 2011. This is a public meeting to consider the following application: Variance Request #02-11 of Connie Carter, for a 13 foot front yard variance, resulting in a 47 foot front yard setback, for a deck. This property is located at 130 Rhinehart Lane, and is identified with Property Identification Number 28-A-22 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. Sincerely, MamRhera5n Zoning Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to cc ify th0the attached correspondence was Oiled to the following on fi oin. the Department of Planning and D evelopment, Frederick County, Virgin la': Connie Carter 1 130 Rhinehart Ln. Gore, VA 22637-2128 Coy & Michele Cunningham PO Box 37 Gore, VA 22637-0037 Philip McIlwee & Beverly Burton PO Box 329 Gore, VA 22637-0329 Keith McDonald 2813 Longhorn Trl. Grapevine, TX 76051-4753 Mark R. Cheran, Zoning & ubdivision Administrator Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICJK , I'. ,L,,)a Notary Public in and for the State and County aforesaid, do reby certify that Mar . Cheran, Zoning & Subdivision Administrator for the Department of -Planning and Development, whose name is signed to the foregoing, dated ? 1!; // / , has personally appeared before me and acknowledged the same in my State and Cdunty aforesaid. Given under my hand this day of C~ My commission expires on 3 l 6E�ER1.Y HY kt 1p J50C NOTAR ION OF �1RC,INIA R Ot WEA►TN EA)5'?I NOTARY P LI �d COY �pM►MY 3�02016 M �Ul. 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING May 9, 2011 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #02-11 OF CONNIE CARTER On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, May 17, 2011, 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 #02-1tof Connie Carter, for a 13 foot front yard variance, resulting in a 47 foot front yard setback, for a deck. This property is located at 130 RhinehartLane, and is identified with Property Identification Number 28-A-22 in the Gainesboro Magisterial District. Any interested parties may attend this hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, ark R. Cl eran Zoning Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County., Virginia: — --- - - 28 • A- • 22- CARTER CONNIE 130 RHINEHART LN GORE VA 22637.2128 28 - A- - 19- CUNNINGHAM COY E JR & MICHELE P PO BOX 37 GORE VA 22637.0037 - -- 28 A- - 25- MCILWEE PHILIP W & BURTON BEVERLY ANN PO BOX 329 GORE VA 22637.0329 _ — 28-A••21- MCDONALD KEITH ETALS 2813 LONGHORN TRL 'GRAPEVINETX 76051.4753 Car'k-R. Cheran, Zoning & Subdivision Administrator Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICJK , I�- , a Notary Public in and for the State and County af��l esaid, reby certify that M k R. Cheran, Zoning & Subdivision Administrator for the Departmen.Planning and Development, whose name is signed to the foregoing, dated �� has personally appeared before me and acknowledged the same in my State and County aforesaid. d Given under my hand this 34,�L day of / "! My commission expires on s BEVERLY H. DELLINGER NOTARY ID # 331878 !•;;":'r.4RY PUBLIC OF VIRGINIA !r� �ULY31,R011 NOTARY P BLIC �( TO:BARBARA-DATA PROCESSING FROW BEV - Planning Dept. Please print sets of labels by w f THANKS! 13. Additional comments, if any: 6� A 44 n F gl I �,�� 162 & (rC r •irS Apra L.-fa � �> 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: ROOM Coy Address Pd I6 U,�o 3 7 Cbtf - VW a 2 ro 3 7 Property ID # -,, g- 19-2- 3 ;--- COY i w m i c.H f,4 CP, CU'-JrotN(i hl)qM J'Z Address POI O J U1-t 9 UA a - ( 3 Property ID #�'� _ r hILItoO 90)C/L.uJ(--L-* Q f Il &c Y A nr j Address PO Property ID # - �s K � i of �► � bo� �q�� � Address j ��NG�2o.t 772E,e,g,piv� Property ID # L",-- 6a Address Property ID # Address Property ID # Address [Property ID #