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HomeMy WebLinkAbout07-16 Dwight E Shenk - PIN 31A-1-14 - Gainesboro - BackfileBOARD OF ZONING APPEALS Variance Request Tracking Sheet OPEN FILE: I 1 File opened Reference Manual updated/number assigned � a l J (, D-base updated ,r I (fj Location maps requested from Mapping (4 DI ( (a Adjoiner list given to Planner (, ID4 Application Action Summary updated MEETING DATE: ? ! l CLOSE FILE: FINAL ACTION: 0 4 _, N Approval (or denial) letter mailed to applicant/copy made for file & cc's File stamped "approved", "denied" or "withdrawn" 8 l6 IO Reference Manual updated D-base updated Application Action Summary updated Z--q�qczk, sc" d Sys ID # ACCOUNT HOW PAID . AMt OF CASH ACCOUNT PAID, OD CHECK BALANCE MONEY DUE ORDER COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 August 17, 2016 Mr. Dwight Shenk 801 Lake St. Clair Dr. Winchester, VA 22603 RE: VARIANCE REQUEST #07-16 Dear Mr. Shenk: This letter is to confinn that the above -referenced variance application was approved by the Board of Zoning Appeals at their meeting on August 16, 2016. The request on parcel identified by Property Identification Number 31A-1-14 was approved by the BZA to allow a 25 foot front yard variance to the required 60 foot front yard setback resulting in a 35 foot fi•ont setback. The property is located in Lake Saint Clair Development Lot 14 in the Gainesboro Magisterial District. If you have any questions regarding this action, please feel flee to call this office. Sincerely, *Mark. C eran Zoning Administrator MRC/pd cc: Judith McCann -Slaughter, Stonewall District Supervisor Gary Oates and William Cline, Stonewall District Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue John Trenary, Building Official 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 9 August 17, 2016 Mr. Dwight Shenk 801 Lake St. Clair Dr. Winchester, VA 22603 RE: VARIANCE REQUEST #07-16 Dear Mr. Shenk: COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 This letter is to confirm that the above -referenced variance application was approved by the Board of Zoning Appeals at their meeting on August 16, 2016. The request on parcel identified by Property Identification Number 31A-1-14 was approved by the BZA to allow a k foot front yard variance to the required 60 foot front yard setback resulting in a 35 foot front setback. The property is located in Lake Saint Clair Development Lot 14 in the Gainesboro Magisterial District. If you have any questions regarding this action, please feel free to call this office. Sincerely, Mark R. Cheran Zoning Administrator MRC/pd cc: Judith McCann -Slaughter, Stonewall District Supervisor Gary Oates and William Cline, Stonewall District Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue John Trenary, Building Official 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 • 0 Pam Deeter To: Judy McCann -Slaughter; wcline.fredcogovpc@icloud.com Subject: BZA approval letter Attachments: SKMBT_PLAN16081815210.pdf Good morning, I have attached a letter from Mr. Cheran in regards to the Variance Request #07-16 for Dwight Shenk which is in your magisterial district. If you have any questions, please contact Mr. Cheran. Pam Deeter Planning and Development 107 N. Kent Street, Suite 202 Winchester, VA 22601 (540) 665-5651 0 9 Pam Deeter From: Microsoft Outlook To: Judy McCann -Slaughter Sent: Friday, August 19, 2016 9:45 AM Subject: Delivered: BZA approval letter Your message has been delivered to the following recipients: Judy McCann -Slaughter (islaughter@fcva.us) <mailto:islaughter@fcva.us> Subject: BZA approval letter 0 0 Pam Deeter From: Mail Delivery System < MAILER- DAEMON@co.frederick.va.us> To: wcline.fredcogovpc@icloud.com Sent: Friday, August 19, 2016 9:46 AM Subject: Relayed: BZA approval letter Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: wcline.fredcogovpc@icloud.com Subject: BZA approval letter 0 0 SHARED WELL O 31A-(1)-13 STEPHEN B. SURBER, II & IRENE R, SULLIVAN #130003718 ZONED: RA USE: RES f1.0 AC _OF WATER DOCK 20 4272" W _ 12500, . �6 31A-(1)-14 OF BEARING DWIGHT E. & BA C g3 GRID LAURA L. SHENK v o o VA SP #140004160 o h o NORTH ZONED: RA �, a USE: RES LAKE ST. CLAIR 0.995 AC 50 S 21 °17' 6 W I n ' r 01, 36. 00' L HOUSE BRIDGE j N 13053'06" E 59.00' N 11°17'06" E I 91.00' FEMA FLOOD BOUNDARY N ___ '��� LAKEST. CLAIR DRIVE --- EDGE OF PAVEMENT 50' PRIVATE ROAD (LAKE ST. CLAIR INC.) ---- —DB 256, PG 127 40' 0' 40' GRAPHIC SCALE 31A-(1)-15 JOHN B. & ROBYN SCHROTH #080008547 ZONED: RA USE: RES f1.0 AC PR, 24 X24' GARAGE (ACCESSORY USE) __I 0 BZA SKETCH FOR GARAGE �P`T" OF V j DWIGHT E. SHENK '��� LOT 14 LAKE ST. CLAIR U A �0 S GAINESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA 0. 1518-B 1073 Redbud Road �`�� `�4 GreyWolfe, Inc. Winchester, VA 22603 �9/�� �y�� Land Surveying and Consulting GreyWoifelnc@aoi.com S U Rv 540-667-2001 OFC 540-545-4001 FAX FILE NO: 0246 DATE: AUGUST 16, 2016 SCALE: 1 " = 40' SHEET 1 OF 1 0 • VARIANCE APPLICATION #07-16 DWIGHT E. SHENK (Garage) Staff Report for the Board of Zoning Appeals Prepared: August 4, 2016 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: August 16, 2016 Public Hearing; (Continued) Public Meeting LOCATION: The property is located in Lake Saint Clair Development Lot 14. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 31 A-1-14 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Lake East: RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Open VARIANCE REQUESTED: The Applicant is requesting a 22.1 foot front yard variance to a required 60 foot front setback resulting in a 37.9 foot front setback. This variance is for a 24'x 24' detached garage. REASON FOR VARIANCE: The property has an extreme topography issue, as well as a lake with a 100 year flood boundary to the east and south. The detached garage is needed to relocate the parking area that the addition will replace. Variance #07-16 — Dwight E. Shenk Page 2 August 4, 2016 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 fronts 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. The Applicant is requesting a variance of 22.1 foot front yard setback from the current 60 foot setback front yard requirement of the RA Zoning District, to construct a 24'x 24' detached garage. This property is not located in a flood zone; the property has an elevation and removal from the flood zone by FEMA. This variance, if granted, would result in a 37.9 foot front yard variance. STAFF CONCLUSIONS FOR THE JULY 19, 2016 MEETING: The Code of Virginia 15.2- 2309 (2) and Code of Frederick 165-1001.2, states that no variance shall be granted unless the application can meet the following requirements: 1) The property interest for which the variance is being requested was acquired in good faith. 2) The granting of the variance will not be a substantial detriment to adjoining property or nearby properties in the proximity of that geographical area. 3) The condition or situation of the property concerned is not of so general or recurring as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance. 4) The granting of the variance does not result in a use that is otherwise permitted on such property or a change in the zoning classification of the property. 5) The relief or remedy sought by the variance is not available through a special exception or the process for modification of a zoning ordinance. The granting of this variance would violate the spirit in which the Ordinance as related to setbacks for accessory structures within RA Zoning District. Furthermore, this variance is not for a single- family dwelling. Therefore, Staff would recommend denial of this variance application to the RA setback requirements. The issuing of this variance would de facto changing the Frederick County Zoning Ordinance, which outside the purview of this body. BOARD OF ZONING APPEALS SUMMARY AND ACTION OF THE 07/19/16 MEETING: A motion was made to continue Variance Request #07-16 to the August 16, 2016 meeting. 46 A ��. AIL`. m t ns LAKE SAINT CLAIR �r I R #06-16 R #07-16 t ` •A Y Applications Parcels Sewer and Water Service Area Building Footprints B1 (Business, Neighborhood District) B2 (Business, General Distrist) B3 (Business, Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Industrial, Light District) M2 (Industrial, General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) III e &L-W6771i12 ,•� Note: VAR # 06 - 16 and # 07 - 16 Frederick County Dept of Dwight E. Shenk Planning & Development 107 N Kent St PIN: Suite 202 31 A - 1 - 14 Winchester, VA 22601 540 - 665 - 5651 Map Created: June 22, 2016 Staff: mcheran 0 50 100 200 Feet VAR # 06 - 16 and # U7 - 17 Dwight E. Shenk PI N: 31A-1 -14 ,•�,. q IL y ,� ti• � of t• �'� <,t^ 1 ne�� 8,7 IAYF SAINT :1AIR L809 llpJ{ - ` LAKE SAINT • 1 _ 7 rrrr L'AKE,ISAINLAIR i ✓�; '� .:! Y t ne :• - LAKE SAINT r' CLAIR _ EDG�W: TE DOCK S10 41'11" W - 115.00' 31A--14 SE ARING O DWIGHTE. & RID LAURA L. SHENK o VA SpC 83 v o #140004160 � � TN Z o NOR ZONED: RA c USE: RES 0. 995 AC 8RL 3 r LAKE ST CLAIR I50' SHARED WELL OPROPOSED 18X60'ADDITION GI 35II 360I , ( Ii HOUSE II 31A-(1)-13 SIB II FEMA BOUNDARY STEPHEN B. SURBER,11 & Pr 10.1 % IRENER. SULLIVAN#13000 11 31A-(1) 15 I I // ZONED:RA ZONED: RA JOHN B. & ROBYN U SCHROTH 11.0 AC h l 1 m l #080008547 ZONED: RA USE: RES CONC ^� °o 11.0 AC BRIDGE N 3 I z I 60' RL / 16.0' PR. 24 X24' GARAGE (ACCESSORY USED / n / N 11 °17'06" E N _ N 13°53'06"E - 59.00' 91.00'— EDGE OF PAVEMENT �V� LAKE ST. CLAIR DRIVE ----- 50' PRIVATE ROAD ( LAKE ST. CLAIR INC.) --7 --- ��� DB 256, PG 127 40' 0' 40' GRAPHIC SCALE BZA SKETCH SHOWING THE PROPERTY OF rcP\-TH OF DWIGHT E, SHENK G, LOT 14 J LAKE ST. CLAIR U Y' TES ➢ GAINESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA No. 1518-B G.14. IG 1073 Redbud Road � GreyWolfe, Inc. Winchester, VA22603 < q�0 `�� SURI\j land Surveying and Consulting GreyWo/felnc@aoLmm 540-667.2001 OFC 540.545-4001 FAX FILE NO: 0246 DATE: JUNE 14, 2016 SCALE: 1 " = 40' I SHFFT 1 nc i • • (;A11-46� J U N 2 0 2016 APPLICATION FOR VARIANCE FREDERICK COUNTY, VIRGINIA T -OFFICE USE ONLY - Variance Application # l- o Submittal Deadline � 0`1 (r Submittal Date �Q �C For the BZA Meeting o � C11 lr Fee Amount Paid 1400, � Initials: S Receipt # 4 S q �5 y Sign Deposit Paid MUST BE TYPED OR FILLED OUT IN INK — PLEASE PRINT l . The applicant is the owner ✓� other F-1 . (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: Dwight E. Shenk NAME: ADDRESS: 801 Lake St. Clair Dr. ADDRESS: Winchester, VA 22603 TELEPHONE: 540-323-0624 TELEPHONE: 3. The property is located at (give exact directions and include State Route Numbers): In 5. Lot 14 of in Lake Saint Clair Development. Tax Parcel 31A-(1)-14 The property has a road frontage of 150' feet and a depth of +/- 330' feet and consists of 0.995 acres (please be exact). The property is owned by Dwight E. Shenk as evidenced by deed from Lindsey Huddle, et als recorded (previous owner) in deed book no. on page or instrument number 140004160 of the deed books of the 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.): 31A-(1)-14 8. The existing zoning of the property is: RA (Rural 9. The existing use of the property is: Residence 10. Adjoining Property: North East South West USE Residence RA Lake RA Residence . RA Community Open Area RA ZONING 11. Describe the variance sought in terms of distance and type. (For example: "A 3.5' rear yard . variance for an attached two -car garage.") Requesting a reduction of the front yard setback for an accessory building from 60' to 22.1' for a detached garage. 12. List specific reason(s) why the variance is being sought in terms of, such as: ►Exceptional narrowness, shallowness, size or shape of property, or ►Exceptional topographic conditions or other extraordinary situation or condition of property, or ► The use or development of property immediately adjacent thereto The lot has extreme topography issues as well as a lake with a 100-yr flood boundary to the east and south. Additionally, the drainfield is on the immediate southern side of the house and prevents construction in that direction. The garage is needed to relocate the parking area this addition will replace. The vehicles, mowers, etc., would be in an enclosed garage rather than sitting in the open along the road. 8 o- - I to V -t-N-':' 3/A-I-Iq 13. Additional comments, if any: Many homes within Lake Saint Clair have similar variances as the lots are too small to handle current setback requirements in the zoning ordinance. 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 Stephen B. Surber, II 407 South Stewart Street Winchester, Virginia 22601 Property#31A-(1)-13 NameJohn B. Schroth 112 South Washington Street Winchester, Virginia 22601 Property # 31 A-(1)-15 Name Lake St. Clair, Inc. PO Box 119 Winchester, Virginia 22604 Property # 31-(A)-34 Name Property # Name Property # Name Property # Name Property # Name Property # we AGREEMENT VARIANCE # (Number to be assigned by the Planning Dept.) 1(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 OF APPLICANT DATE SIGNATURE OF OWNER �~ , DATE 6 !f /6 if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF ACTION: -DATE- APPROVAL DENIAL .SIGNED: BZA CHAIRMAN DATE: 11 L� • Page 1 of 3 Date: April 06, 2015 lCase No.: 15-034154A LOMA AR Federal Emergency Management Agency �0 Washington, D.C. 20472 9ND SEA LETTER OF MAP AMENDMENT DETERMINATION DOCUMENT REMOVAL COMMUNITY AND MAP PANEL INFORMATION LEGAL PROPERTY DESCRIPTION FREDERICK COUNTY, VIRGINIA Lot 14, Lake St. Clair, as described in the Deed recorded in Deed (Unincorporated Areas) Book 256, Pages 127, 128, and 129, in the Office of the Clerk of Circuit Court, Frederick County, Virginia COMMUNITY The portion of property is more particularly described by the following metes and bounds: COMMUNITY NO.: 510063 NUMBER: 51069CO126D AFFECTED MAP PANEL DATE: 9/2/2009 FLOODING SOURCE: LAKE SAINT CLAIR APPROXIMATE LATITUDE & LONGITUDE OF PROPERTY: 39.272,-78.206 SOURCE OF LAT & LONG: GOOGLE EARTH PRO DATUM: NAD 83 DETERMINATInN OUTCOME 1 % ANNUAL LOWEST LOWEST WHAT IS CHANCE ADJACENT LOT LOT BLOCK/ SUBDIVISION STREET REMOVED FROM FLOOD FLOOD GRADE ELEVATION SECTION THE SFHA ZONE ELEVATION ELEVATION (NAVD 88) (NAVD 88) (NAVD 88) 14 -- Lake St. Clair 801 Lake Saint Clair Portion of X -- -- 734.3 feet Drive Property (unshaded) Special Flood Hazard Area (SFHA) - The SFHA is an area that would be inundated by the flood having a 1-percent chance of being equaled or exceeded in any given year (base flood). ADDITIONAL CONSIDERATIONS (Please refer to the appropriate section on Attachment 1 for the additional considerations listed below.) LEGAL PROPERTY DESCRIPTION STUDY UNDERWAY PORTIONS REMAIN IN THE SFHA ZONE A 11115 uucurnern Piuwueb Mu reueiai r-murgency iwanagemem Hgencys aetermmation regarding a request for a Letter of Map Amendment for the property described above. Using the information submitted and the effective National Flood Insurance Program (NFIP) map, we have determined that the described portion(s) of the property(ies) is/are not located in the SFHA, an area inundated by the flood having a 1-percent chance of being equaled or exceeded in any given year (base flood). This document amends the effective NFIP map to remove the subject property from the SFHA located on the effective NFIP map; therefore, the Federal mandatory flood insurance requirement does not apply. However, the lender has the option to continue the flood insurance requirement to protect its financial risk on the loan. A Preferred Risk Policy (PRP) is available for buildings located outside the SFHA. Information about the PRP and how one can apply is enclosed. This determination is based on the flood data presently available. The enclosed documents provide additional information regarding this determination. If you have any questions about this document, please contact the FEMA Map Assistance Center toll free at (877) 336-2627 (877-FEMA MAP) or by letter addressed to the Federal Emergency Management Agency, LOMC Clearinghouse, 847 South Pickett Street, Alexandria, VA 22304-4605. 7 Luis Rodriguez, P.E., Chief Engineering Management Branch Federal Insurance and Mitigation Administration Page 2 of 3 Date: April 06, 2015 JCase No.: 15-03-1154A LOMA Federal Emergency Management Agency Washington, D.C. 20472 LETTER OF MAP AMENDMENT DETERMINATION DOCUMENT (REMOVAL) ATTACHMENT 1 (ADDITIONAL CONSIDERATIONS) LEGAL PROPERTY DESCRIPTION (CONTINUED) BEGINNING at the common corner of Lot 13 and Lot 14;thence S76°42'38"E, a distance of 328.76 feet; thence S20006'32"W, a distance of 128.94 feet; thence N64038'58"W, a distance of 49.00 feet; thence N64038'58"W, a distance of 51.00 feet; thence S21 °19'02"W, a distance of 08.92 feet; thence N63044'29"W, a distance of 10.98 feet; thence N65006'40"W, a distance of 33.09 feet; thence N60051'54"W, a distance of 10.96 feet; thence S30°56'31 "W, a distance of 05.94 feet; thence N72°44'26"W, a distance of 13.46 feet; thence N89017'45"W, a distance of 05.16 feet; thence N52027'56"W, a distance of 13.10 feet; thence N61033'31"W, a distance of 15.00 feet; thence N65051'09"W, a distance of 06.26 feet; thence N77052'37"W, a distance of 05.17 feet; thence N42020'49"W, a distance of 01.13 feet; thence N79000'48"W, a distance of 02.00 feet; thence S88020'28"W, a distance of 01.90 feet; thence S62021'49"W, a distance of 11.92 feet; thence S07028'07"E, a distance of 03.60 feet; thence S79002'04"E; a distance of 05.50 feet; thence N87029'00"E, a distance of 07.27 feet; thence S59033'39"E, a distance of 31.33 feet; thence S64033'15"E, a distance of 08.02 feet; thence S53003'32"E, a distance of 17.39 feet; thence S49021'04"E, a distance of 05.24 feet; thence S06017'24"W, a distance of 16.00 feet; thence N78040'58"W, a distance of 160.57 feet; thence N11019'02"E, a distance of 91.00 feet to a point; thence N13051'17"E, a distance of 59.00 feet to the POINT OF BEGINNING. PORTIONS OF THE PROPERTY REMAIN IN THE SFHA (This Additional Consideration applies to the preceding 1 Property.) Portions of this property, but not the subject of the Determination/Comment document, may remain in the Special Flood Hazard Area. Therefore, any future construction or substantial improvement on the property remains subject to Federal, State/Commonwealth, and local regulations for floodplain management. ZONE A (This Additional Consideration applies to the preceding 1 Property.) The National Flood Insurance Program map affecting this property depicts a Special Flood Hazard Area that was determined using the best flood hazard data available to FEMA, but without performing a detailed engineering analysis. The flood elevation used to make this determination is based on approximate methods and has not been formalized through the standard process for establishing base flood elevations published in the Flood Insurance Study. This flood elevation is subject to change. This attachment provides additional information regarding this request. If you have any questions about this attachment, please contact the FEMA Map Assistance Center toll free at (877) 336-2627 (877-FEMA MAP) or by letter addressed to the Federal Emergency Management Agency, LOMC Clearinghouse, 847 South Pickett Street, Alexandria, VA 22304-4605. Luis Rodriguez, P.E., Chief Engineering Management Branch Federal Insurance and Mitigation Administration Page 3 of 3 Date: April 06, 2015 ICase No.: 15-03-1164A LOMA Federal Emergency Management Agency Washington, D.C. 20472 LETTER OF MAP AMENDMENT DETERMINATION DOCUMENT (REMOVAL) ATTACHMENT 1 (ADDITIONAL CONSIDERATIONS) STUDY UNDERWAY (This Additional Consideration applies to all properties in the LOMA DETERMINATION DOCUMENT (REMOVAL)) This determination is based on the flood data presently available. However, the Federal Emergency Management Agency is currently revising the National Flood Insurance Program (NFIP) map for the community. New flood data could be generated that may affect this property. When the new NFIP map is issued it will supersede this determination. The Federal requirement for the purchase of flood insurance will then be based on the newly revised NFIP map. This attachment provides additional information regarding this request. If you have any questions about this attachment, please contact the FEMA Map Assistance Center toll free at (877) 336-2627 (877-FEMA MAP) or by letter addressed to the Federal Emergency Management Agency, LOMC Clearinghouse, 847 South Pickett Street, Alexandria, VA 22304-4605, Luis Rodriguez, P.E., Chief Engineering Management Branch Federal Insurance and Mitigation Administration GAPA6 JUN 2 0 2016 APPLICATION FOR VARIANCE FREDERICK COUNTY, VIRGINIA T -OFFICE USE ONLY - Variance Application # pl' I to Submittal Deadline (.Q o`? (, Submittal Date For the BZA Meeting o Z 9. I lD Fee Amount Paid 4 Initials: S Receipt # q S q '--j)5 4 Sign Deposit Paid MUST BE TYPED OR FILLED OUT IN INK — PLEASE PRINT I . The applicant is the owner ✓� other F. (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: Dwight E. Shenk NAME: ADDRESS: 801 Lake St. Clair Dr. ADDRESS: Winchester, VA 22603 TELEPHONE: 540-323-0624 TELEPHONE: 3. The property is located at (give exact directions and include State Route Numbers): Lot 14 of in Lake Saint Clair Development. Tax Parcel 31A-(1)-14 4. The property has a road frontage of 150' feet and a depth of +/- 330' feet and consists of 0.995 acres (please be exact). 5. The property is owned by Dwight E. Shenk as evidenced by deed from Lindsey Huddle, et als recorded (previous owner) in deed book no. on page or instrument number 140004160 of the deed books of the 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.): 31A-(1)-14 8. The existing zoning of the property is: RA (Rural Areas) 9. The existing use of the property is: Residence 10. Adjoining Property: USE ZONING North Residence RA East Lake RA South Residence RA West Community Open Area 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.") Requesting a reduction of the front yard setback for an accessory building from 60' to 22.1' for a detached garage. 12. List specific reason(s) why the variance is being sought in terms of, such as: ►Exceptional narrowness, shallowness, size or shape of property, or ►Exceptional topographic conditions or other extraordinary situation or condition of property, or ►The use or development of property immediately adjacent thereto The lot has extreme topography issues as well as a lake with a 100-yr flood boundary to the east and south. Additionally, the drainfield is on the immediate southern side of the house and prevents construction in that direction. The garage is nealed to relocate the parking area this addition will replace. The vehicles, mowers, etc., would be in an enclosed garage rather than sitting in the open along the road. 8 Frederick County Taxes Paid Page 1 of 1 COUNTY OF FREDEMCK P.O. BOX 225 WINCHESTER, VA 22604-0225 C. WILLIAM ORNDOFF, JR Real Estate Taxes Paid for Tax Year 2016 Map Number: 3 1 A 1 14 Name: SHENK DWIGHT E Dept# jTicket4jSeq#j Account# I Bill Date Description Tax Paid IRE20161 351571 11 8005787 6/5/2016 ILAKE ST. CLAIR L14 1.00 ACRE $492.30 ._..............___..._................... Total Paid:, $492.30 This amount represents payments applied during calendar year 2016 and does not include Penalty, Interest or Credit Card Fees. zttps://taxes.co.frederick.va.us/applications/TR_payTaxes/PrintYearlyTaxes.aspx 6/20/2016 13. Additional comments, if any Many homes within Lake Saint Clair f ave similar variances as the lots are too small to handl= current setback requiremerts in the zoning ordinance. 14. The following names and addresses are all of the iidividuals, firms, or coricratons owning property adjacent to the property for which t e` 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 wi l be notified by mail of this appl=cation: Name and Property Identification Number Address Tame Stephen B. Surber, 11 407 South Stewart Street Winchester, Virginia 22601 Property # 31 A-(1)-13 TameJohn B. Schroth 112 Washington Street Win:,hester, Virginia 22601 Property # 31 A-(1)-15 Name Lake St. Clair, Inc. PO Box 119 Wi -i & ester, Virginia 22604 P-operty 4 31-(A)-34 Name Property # Name P-operty # Name Peoperty # Name Peoperty # Name Property # AGREEMENT VARIANCE # b—I - / G (Number to be assignee' by the Planning Dept.) 1(we), the undersigned, do hereby respectfully make application, and petition the Frederick County Eoard of Zoning Appeals (BZA) to grant a variance to the terms of the Frederick County Zoning Ordinance as desc-ibed 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 p-operty line at leas- seven (7Ldays 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 infbrmat.on contained herein are, to the best of my knowledge, true. SIGNATURE OF APPLICANT DATE ro //-q / 6 SIGNATURE OF OWNER DATE if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARTG OF 8 -1(- / (f ACTION: -DATE- APPROVAL DENIAL SIGNED: Z2�� BZA CHAIRMAN D.ATE: F. &. f(Q 1= Frederick County Taxes Paid 0 • Page 1 of 1 COUNTY OF FREDERICK P.O. BOX 225 WINCHESTER, VA 22604-0225 C. WILLIAM ORNDOFF, JR Real Estate Taxes Paid for Tax Year 2015 Map Number: 3 1 A 1 14 Name: SHENK DWIGHT E Dept# Ticket# jSeq#j Account# Kill Date Description Tax Paid RE2015 35412 1 8005787 4/14/2015 LAKE ST. CLAIR L14 1.00 ACRE $459.48 RE2015 354121 21 8005787 4/14/2015 LAKE ST. CLAIR L14 1.00 ACRE $459.48 Total Paid:: $918.96 This amount represents payments applied during calendar year 2015 and does not include Penalty, Interest or Credit Card Fees. https://taxes.co.frederick.va.us/applications/TR_payTaxesIPrintYearlyTaxes.aspx 6/20/2016 ' JUN 2 0 2016 • Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL. PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED. Initials Candice Mark Dave Tyler Mike John COMMENTS: �A) / 0,46 Received by Clerical Staff (Date & Time (S:Office on Blackbox\Forms\Document Approval Form—6/7/2016 ) b v d v D rn M W A � i M Cd ID O rl N U N 41 q�✓ Cd - Cl)�o o m41o_T ra 1 c .' v0 I •-I O o •H 00 '.3 t& M w P 0 u4 •• 6 0z d w a d -d ro q m y H 0 Ch U E-1 MAww S MRCFiF11 KffORNEY, Al LAW LEF3BUR0. VIROINIA WINCNEMR. VIROINIA 140004160 co THIS DEED, made and dated this kday of &Ak , 2014, by and between LINDSEY M. HUDDLE and ELIZABETH M. WYETH, parties of the first part, hereinafter referred to as Grantors, and DWIGHT E. SHENK and LAURA L. SHENK, husband and wife, -parties of the second part, hereinafter referred to as Grantees, and LAKE ST. CLAIR, INCORPORATED, a nonstock Virginia corporation, party of the third part, hereinafter referred to as Association. WITNESSETH: That in consideration of the sum of Ten Dollars ($10.00.) and other good and valuable considerations paid the Grantors by the Grantees on or before the delivery of this Deed, the receipt of .all of which is hereby acknowledged, the Grantors do hereby grant and convey with General Warranty and English Covenants of Title unto the Grantees, in fee simple as tenants by the entirety with common law right of survivorship, the following described real estate, together with all rights of way, privileges and appurtenances thereto belonging and subject to all easements and legally enforceable restrictions of record affecting such realty: All of that certain lot of land, located about one and one-half miles West of Cedar Grove, in Gainesboro Magisterial District, Frederick County, Virginia, designated as Lot No. 14 as shown on the plat of Lake St. Clair,. Incorporated, which plat is recorded with a Deed of Declaration dated January 30, 1959, in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 256, at Page 127; and being the same property conveyed to the Grantors herein by Deed in Distribution dated July 27, 2012 and recorded in the aforesaid Clerk's Office as Instrument No. 120007825. TA - lvIAP 31 A i 14 Except for a Deed of Trust or mortgage, this lot may not be conveyed nor may any interest in this lot be sold, optioned or assigned, until the same be offered for sale to the Association and the Association be notified by registered mail of r such sale, at least one (1) month prior to the date of the proposed contract of sale, option or assignment. The Association shall have the right to purchase said Lot from the then owner for a sum of money not less than the price for which that property or any interest therein shall be proposed to be conveyed, sold, optioned or assigned. Such offer or notice of sale shall be made in writing and shall be sent to the Association by registered mail, return receipt requested, and addressed to the Association, in care of the Association's registered agent. The notice shall be considered as having been received by the Association three days after it is postmarked. The Association shall then have thirty (30) days to contract to pay said price or forfeit said right to purchase. In the event that the sale proposed is by a public auction, then the Association shall have the right to match the highest bid at public auction by entering into a contract with the then owner for said amount within thirty (30) days of the date of the auction, with a closing within the same thirty (30) days. The Grantors do hereby covenant that they have the right to convey the subject property to the Grantees; that the Grantees shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and they will grant such further assurances of title as may be requisite. The party of the third part joins in this instrument for the purpose of and does hereby consent to the transfer of the above described property in accordance with this deed, does further acknowledge that, to the best of its knowledge, the property is in compliance with the restrictive covenants set forth and recorded in the aforesaid Clerk's Office in Deed Book 256, at Page 127, and that it does hereby .L, MONAHAN, ENGLE, 4AHAN & MM::HELL .TTORNEY9 AT LAW .EESQURO. VIRGINIA INCMESMR. VIRGINIA r waive, as to this conveyance, its right of first refusal as set forth in Arty e X, Section 2 of the aforesaid restrictive covenants, but confirms that such right of first refusal remains in force as to any future conveyance of the property as hereinabove set forth, WITNESS the following signatures and seals: (SEAL) INDS DDLE STATE OF - CITY/C OF , To -wit: The foregoing document was acknowledged before me this day of -- 12014 by LINDSEY M. HUDDLE. Y My Commission expires Q-/' 30 17 KATHLEEN L. SPAID NOTARY PUBLIC NOTMY PUSUC �oaa7 Corrunonwealth of Virgirtaa Notary Registration No.: Reg. # 27(YM U1, MORAHAN. EMXE, MA " S MI CHELL ATTORNEYS AT LAW LEESMUFtd; VIRGINIA 3 VINCNESTER, VIRGINIA , Q "aim- Ind A SEAL) ELIZAEE M. WYETH I STATE OF VIRGINIA, At -Large CITY OF WINCHESTER, To -wit: W.L. Mow". E.E. MAlwl & M=m" A7 ?RNEY9 AT LAW ' L=58URG, VIRGINIA WINGH""m' VIRGINIA The foregoing document was acknowledged before me this fgday of , 2014 by ELIZABETH M. WYETH. My Commission expires 11130111 KATHLEEN L. SPAiD NOTARY PUBLIC o1��v�v�-/ t�onPUBLIC Registration No.: CortmonweaweatthofVirgirda �' g Reg. # 270227 4 0 LAKE ST. CLAIR, a nonstock Virginia corporation '` / j ( ,tom, (SEAL) TUPPER DORSEY, President STATE OF VIRGINIA, At -Large . CITY OF WINCHESTER, To -wit: s I Cj day of The foregoing document was acknow Edg president of LAbefore me KE CLAIR. Mall 2014 by TUPPER DORS , My Commission expires EAINIGELA El7wARDS OTARY PUBLIC NOT RY PUBLICC4�^onweaith of Virginia Re istration No-: eg. #4074fi4 Notary My csionExtrres 0 I' LakeSt.C:lairDaed.wpd 01/20/ 14-RTM/NUDDLE ALL. tdomAHA t. EHOLE. MAHAH S. M=HELL ATTORNEYS AT t.AW .-SguRO. VIROtNtA WINCHESTER, VIROINIA VIRO MA: FRODERICK COUNTY.SC-i. This instrument of writing was, produced to me of' at and with certificate acknowledgcmJ ent theret annexed was admitted to record. -fax imposed by Sec- -58•1-02 of °- d, if assessable. $ and 5S.i-Siil have been paid, Clerk • }'I .t Ae A 4_ z , x , ;O � � a fr r *r E <: t (g 7 � p � t 13. Additional comments, if any: Many homes within Lake Saint Clair have similar variances as the lots are too small to handle current setback requirements in the zoning ordinance. 14.. The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the properly 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 Stephen B. Surber, II 407 South Stewart Street Winchester, Virginia 22601 Property # 31A-(1)-13 NameJohn B. Schroth 112 South Washington Street Winchester, Virginia 22601 Property # 31 A-(1)-15 Name Lake St. Clair, Inc. PO Box 119 Winchester, Virginia 22604 Property # 31-(A)-34 Name Property # Name Property # Name Property # Name Property # Name Property # a a ,r�jy a,r J N I DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY, VIRGINIA 1N E GIS, MAPPING, GRAPHICS WORK REQUEST s DATE RECEIVED: (P12 , � I �a REQUESTED COMPLETION DATE: REQUESTING AGENT: Department, Agency, or Company: Mailing and/or Billing Address: Telephont.. FAX: E-mail Address: ESTIMATED COST OF PROJECT: DESCRIPTION OF REQUEST: (Write additional information on back of request) DIGITAL: SIZES: COLOR: PAPER: BLACKJWHITE STAFF MEMBER: COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: FAX: E-MAIL: NUMBER OF COPIES: HOURS REQUIRED: AMOUNT PAID: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) L,e� f ya, d- v G r ,'u'o z' NOTE: ALL WINDOWS TO MEET R s -nn F < Z � OR EXCEED EGRESS CODES `'s C 67'-9"{-§i >• p r EMERGENCY EGRESS OR RESCUE z < < DFP5 Toilet Reference (IRC R 307.1) OPENING OF 5.7 SQ FT NET CLEAR 125 " to cenrcr 5T-9" 10' 9 -0" REQUIRED FOR EACH SLEEPING ROOK F A S 18.5 " from side ci 'f s ¢ � � �j 30" to front e' ; pyL`iz x ; <J S C Uta z S 2-Ulu YUI�� R.u.23 'L'a l'-u^ ?-2.11' G f: {:1tC< 0.O. e1r. S'2' 0.t). 0'�U•.,',1• M>MDt1t:e1.E HI:Nt:I 0.t). e•-U".5'.r• o v c k DFP G TUB/ Shoo cr (IRC R3U7.2) s•�.5. r, r,r r,r. Y.' nvi^. ss• f § r, G' In Height Non absorbment Surface U ZL¢ >Eza qY7 Bath 2 Kitchen Bedroom 2 O 10' 5' x T 311 DINING ROOM x " �; 16'3"13'9 t tt t tt ?� 10'5"x10'4" 16 9 x139 DFF 1 Deck Porch Pus a• s B2•D BMD B11D u < CZ b 1111111 Spanm2tc 13'/ Porch Truss 24"o.c. � .�.Z @ material SPF #2 (3) 2R10 cy J a e t Load at Points 2,269 ft Ibs p • Pantry xy •� ri 0*3 FAULTED CEILING LINE � '^uT�• laundry__________._____________ _______________________________________---_-_-___- Z u'yH N — 5��t1��RY8"n N r.m LIVING ROOM zO2u� _ • < n •• 16' 3"x 13' 3" Master Bedroom g.'=t, `-y14'11" x 10, 101, Bath z3 y44 , �<�aaZ Cr ^ 1 " 1 1 x3�Y _ et 86 x 1010 LEVEL 2 p < ❑ p - 14'-11" O Stan Details < h Z z W� See Foundation Plan Gzc�a o,9ry z x RDR LEVEL 1 < •. p 2'-0" HDR NEW STEPS t °z_ 5RISE 7-3/4'X70 u��a - 60"W"7DE u a rr be Y-, R NEW LVL UP TO NEW _ en HB DIER ADDITION � sY `L Le y j < < c' r-r..•aa'..•an•. ru• Pre existing Structure G ac,u rnse�ur t t.: � i v R.O. 2'L•.,',a. 444y'YYY1l µ� F+ z Z 5Z y e _ �y x t% rj C U �t Cif Z_ upazy Uff1z W �a<z 1D aiz uS ? U P4 a p Q �9R a: GENERAL FRAMING NOTES zc., s F gcwz 13t7" 3 F o .•.ua%.• n'•+• �• •••nTe1• •'•� TYPICAL TRUSS ROOF: ets tus o * "e ^°"" °' •'•" a" •''"' 30YR FIBERGLASS SHINGLES 6` x 7/16" OSB ROOFING C/W „•. "H" CLIPS z z an n 2X4 BLOCXING AT PEAR FLOOR PLAN N'F y PRE-ENGINEERED TRUSSES @ 24" O.C. z S - •T ..." =s,.a r+.-. 2X4 TRUSS BRACING t/'" t'"" x C p iu a we.e.. on TIAI AfURPHY' ASSUAGES NO LIABILITY . < rr� �.,• •. • a e. ,..w.>A•. R-38 INSULATION @ CLG a~' C _ ,.m w,oae aO"RO• •"'u °' °ia T' •'a 1/2" DRYWALL CEILING FORANCHANGES OR MODIFICATIONS MADE TO THESE TAPED &SANDED PLANS BY OTHERS. Z p y p _t E, SQUARE FOO7Al;E F� t' FIRST FLOOR G< N < oeo.• �� � . SECOND FLOUR C m �4"<�a - /6\( Alf i r (k; S H EN K �� ƒ� �� �� j &il! )§j) / \ B)a} § §§«e MW § & K e\(\ ()/! }(\� | . ® g rrR O �- k]§| ~� §7 ƒ) ! E ¢ /dB[ /)\§ \�(\( §k\/§ )\�(Mr.2 FRONT ELzR ®/2®3- VW 1 pia&m NOR \1)t 2I I I Syr 2§ (\\ # r OHIO } costs § Man f — w;-ae § HIS ! \m§,e § a §§\(( » E;WATLMI w,m � \))\/ )§(§) ,s. � 22§\\ © $§e@! §!§±§ ::, C )[; \O!§ , Page 1-of 3 I i Date: April 06, 2015 Case NO.: 15-03-1164A LOMA • Federal Emergency Management Agency �1qNWashington, D.C. 20472 DS LETTER OF MAP AMENDMENT --- - DETERMINATION DOCUMENT REMOVAL COMMUNITY AND MAP PANEL INFORMATION LEGAL PROPERTY DESCRIPTION FREDERICK COUNTY, VIRGINIA Lot 14, Lake St. Clair, as described in the Deed recorded in Deed (Unincorporated Areas) Book 256' Pages 127, 128, and 129, in the Office of the Clerk of COMMUNITY Circuit Court, Frederick County, Virginia The portion of property is more particularly described by the following COMMUNITY NO.: 510063 metes and bounds: [AFFECTED NUMBER:51069CO126D P PANEL DATE: 9/2/2009 FLOODING SOURCE: LAKE SAINT CLAIR APPROXIMATE LATITUDE & LONGITUDE OF PROPERTY: 39.272,-78.206 SOURCE OF LAT & LONG: GOOGLE EARTH PRO DATUM: NAD 83 DETERMINATION OUTCOME 1% ANNUAL LOWEST LOWEST BLOCK/ WHAT IS CHANCE ADJACENT LOT LOT SUBDIVISION STREET REMOVED FROM FLOOD FLOOD GRADE ELEVATION SECTION THE SFHA ZONE ELEVATION ELEVATION (NAVD 88) (NAVD 88) (NAVD 88) 14 -- Lake St. Clair 801 Lake Saint Clair Portion of . X -- 734.3 feet Drive Property (unshaded) Special Flood Hazard Area (SFHA) - The SFHA is an area that would be inundated by the flood having a 1-percent chance of being equaled or exceeded in any given year (base flood). ADDITIONAL CONSIDERATIONS (Please refer to the appropriate section on Attachment 1 for the additional considerations listed below.) LEGAL PROPERTY DESCRIPTION STUDY UNDERWAY PORTIONS REMAIN IN THE SFHA ZONE A This document provides the Federal Emergency Management Agency's determination regarding a request for a Letter of Map Amendment for the property described above. Using the information submitted and the effective National Flood Insurance Program (NFIP) map, we have determined that the described portion(s) of the property(ies) Is/are not located in the SFHA, an area inundated by the flood having a 1-percent chance of being equaled or exceeded in any given year (base flood). This document amends the effective NFIP map to remove the subject property from the SFHA located on the effective NFIP map; therefore, the Federal mandatory flood Insurance requirement does not apply. However, the lender has the option to continue the flood insurance requirement to protect its financial risk on the loan. A Preferred Risk Policy (PRP) is available for buildings located outside the SFHA. Information about the PRP and how one can apply is enclosed. This determination is based on the flood data presently available. The enclosed documents provide additional information regarding this determination. If you have any questions about this document,. please contact the FEMA Map Assistance Center toll free at (877) 336-2627 (877-FEMA MAP) or by letter addressed to the Federal Emergency Management Agency, LOMC Clearinghouse, 847 South Pickett Street, Alexandria, VA 22304-4605. 7 Luis Rodriguez, P.E., Chief Engineering Management Branch Federal Insurance and Mitigation Administration Page 2 of 3 I (Date: April 06, 2015 (Case No.: 15-03-1154A --I— LOMA Federal Emergency Management Agency Washington, D.C. 20472 LETTER OF MAP AMENDMENT DETERMINATION DOCUMENT (REMOVAL) ATTACHMENT 1 (ADDITIONAL CONSIDERATIONS) LEGAL PROPERTY DESCRIPTION (CONTINUED) BEGINNING at the common corner of Lot 13 and Lot 14;thence S76042'38"E, a distance of 328.76 feet; thence S20°06'32"W, a distance of 128.94 feet; thence N64°38'58"W, a distance of 49.00 feet; thence N64°38'58"W, a distance of 51.00 feet; thence S21 °19'02"W, a distance of 08.92 feet; thence N63'44'29"W, a distance of 10.98 feet; thence N65°06'40"W, a distance of 33.09 feet; thence N60°51'54"W, a distance of 10.96 feet; thence S30°56'31 "W, a distance of 05.94 feet; thence N72044'26"W, a distance of 13.46 feet; thence N89017'45"W, a distance of 05.16 feet; thence N52027'56"W, a distance of 13.10 feet; thence N61 °33'31 "W, a distance of 15.00 feet; thence N65051'09"W, a distance of 06.26 feet; thence N77°52'37"W, a distance of 05.17 feet; thence N42'20'49"W, a distance of 01.13 feet; thence N79°00'48"W, a distance of 02.00 feet; thence S88020'28"W, a distance of 01.90 feet; thence S62021'49"W, a distance of 11.92 feet; thence S07028'07"E, a distance of 03.60 feet; thence S79°02'04"E, a distance of 05.50 feet; thence N87°29'00"E, a distance of 07.27 feet; thence S59°33'39"E, a distance of 31.33 feet; thence S64°33'15"E, a distance of 08.02 feet; thence S53°03'32"E, a distance of 17.39 feet; thence S49021'04"E, a distance of 05.24 feet; thence S06°17'24"W, a distance of 16.00 feet; thence N78'40'58"W, a distance of 160.57 feet; thence N11019'02"E, a distance of 91.00 feet to a point; thence N13°51'17"E, a distance of 59.00 feet to the POINT OF BEGINNING. PORTIONS OF THE PROPERTY REMAIN IN THE SFHA (This Additional Consideration applies to the preceding 1 Property.) Portions of this property, but not the subject of the Determination/Comment document, may remain in the Special Flood Hazard Area. Therefore, any future construction or substantial improvement on the property remains subject to Federal, State/Commonwealth, and local regulations for floodplain management. ZONE A (This Additional Consideration applies to the preceding 1 Property.) The National Flood Insurance Program map affecting this property depicts a Special Flood Hazard Area that was determined using the best flood hazard data available to FEMA, but without performing a detailed engineering analysis. The flood elevation used to make this determination is based on approximate methods and has not been formalized through the standard process for establishing base flood elevations published in the Flood Insurance Study. This flood elevation is subject to change. This attachment provides additional information regarding this request. If you have any questions about this attachment, please contact the FEMA Map Assistance Center toll free at (877) 336-2627 (877-FEMA MAP) or by letter addressed to the Federal Emergency Management Agency, LOMC Clearinghouse, 847 South Pickett Street, Alexandria, VA 22304-4605. Luis Rodriguez, P.E., Chief Engineering Management Branch Federal Insurance and Mitigation Administration Page 3 of 3 I (Date: April 06, 2015 Case No.: 15-03-1154Ay. LOMA Federal Emergency Management Agency JU� Washington, D.C. 20472 LETTER OF MAP AMENDMENT DETERMINATION DOCUMENT (REMOVAL) ATTACHMENT 1 (ADDITIONAL CONSIDERATIONS) STUDY UNDERWAY (This Additional Consideration applies to all properties in the LOMA DETERMINATION DOCUMENT (REMOVAL)) This determination is based on the flood data presently available. However, the Federal Emergency Management Agency is currently revising the National Flood Insurance Program (NFIP) map for the community. New flood data could be generated that may affect this property. When the new NFIP map is issued it will supersede this determination. The Federal requirement for the purchase of flood insurance will then be based on the newly revised NFIP map. This attachment provides additional information regarding this request. If you have any questions about this attachment, please contact the Wncy, A Map Assistance Center toll free at (877) 336-2627 (877-FEMA MAP) or by letter addressed to the Federal Emergency Management LOMC Clearinghouse, 847 South Pickett Street, Alexandria, VA 22304-4605. f Luis Rodriguez, P.E., Chief Engineering Management Branch Federal Insurance and Mitigation Administration SHARED WELL O PROPOSED 18'X60' ADDITION 31A-(1)-13 STEPHEN B. SURBER, II & IRENE R. SULLIVAN #130003718 ZONED: RA USE: RES f1.0 AC ED—G F WATER DOCK S 20 4212" 125, 00' 31A-(1)-14 BASIS pF BEARING DWIGHT E. & BA g3 GRID LAURA L. SHENK o o �q SP v #140004160 0 o NORTH ZONED: RA v a ti USE: RES LAKE ST. CLAIR 0.995 AC SO' gR� i I \ S21017,n ),, .I /< C1;7HOUSE .0 II I 1 20.2' I N 13053'06" E - 59.00' EDGE OF PAVEMENT 40' 0' 40' GRAPHIC SCALE 60' li 36• FEMA FLOOD BOUNDARY CONC BRIDGE \ � I `v 0 N 11 °17'06" E 91.00' 16.0' LAKE ST. CLAIR DRIVE --- 50' PRIVATE ROAD ( LAKE ST CLAIR INC.) -- DB 256, PG 127 31A-(1)-15 1OHN B. & ROBYN SCHROTH #080008547 ZONED: RA USE: RES f1.0 AC PR. 24X24' GARAGE (ACCESSORY USE) BZA SKETCH SHOWING THE PROPERTY OF H of D WIGHT E. SHENK LOT 14 LAKE ST, CLAIR G ��. TES v GAINESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA No. 1518-B 1073Redbu j j GreyWolfe, Inc. Winchester VAA226 22603 Land Surveying and Consulting GreyWoifelnc@ao/.com S U Rv 540-667-2001 OFC 540-545-4001 FAX FILE NO: 0246 DATE: JUNE 14, 2016 SCALE: 1 " = 40' SHEET 1 OF 1 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING July 5, 2016 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #07-16 OF DWIGHT E. SHENK On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, July 19, 2016, 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 #07-16 of Dwight E. Shenk for a 22.1 foot front yard variance to a required 60 foot front yard setback will result in a 37.9 foot front yard. This property is located in Lake Saint Clair Development lot 14 is identified with Property Identification Number 31A-1-14 in the Gainesboro Magisterial District. Any interested parties may attend this hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's website at www.fcva.us. Sincerely, ,;L�6L/ . , Mark Cheran Zoning Administrator MRC/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on -I le, / (a from the Department of Planning and Development, Frederick CounVirginia: 31A - 1- 14- SHENK DWIGHT E SHENK LAURA L 801 LAKE SAINT CLAIR DR WINCHESTER VA 22603.3031 31A-1--13 SURBER STEPHEN B II SULLIVAN IRENE R 407 S STEWART ST WINCHESTER VA 22601-4018 31A-1--15- SCHROTH JOHN B SCHROTH ROBYN 112 S WASHINGTON ST WINCHESTER VA 22601.4132 31 - A- - 34- LAKE ST CLAIR INC PO BOX 3261 WINCHESTER VA 22604-2461 Mark R. Cheran, Zoning & Subdivision Administrator Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK� I,o�-vl�� e_e_Ce�_5 , a Notary Public in and for the State and County aforesaid, do hereby certify that Mark R. Cheran, Zoning & Subdivision Administrator for the Dep4rtnjent of Planning and Development, whose name is signed to the foregoing, dated i ' / (f I , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of M commission expires onsLco�„ti. e� C, i Y p OTARVITTR IFEc REGIST✓'/.k�'I)i•a it 354474 COMMONWEALTH OF' ViRGINIA MY COMMISSION EXPIRES DECEMB ' 3'' 2017 �qrkje- COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING July 5, 2016 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #07-16 OF DWIGHT E. SHENK On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, July 19, 2016, 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: u.I Variance Request #07-16 of Dwight E. Shenk for a 2ifoot front yard variance to a required, foot front yard setback will result in a,3-Afoot front yard. This property is located in Lake Saint Clair Development lot 14 is identifie with Property Identification Number 31 A-1-14 in the Gainesboro Magisterial District. 3-1;79 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 107 North Ken Street, Suite 202 • Winchester, Virginia 22601-5000