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Home My WebLink About10-16 David & Katrina Dentel - PIN 75E-3-2-68 - Shawnee - BackfileBOARD OF ZONING APPEALS Variance Request Tracking Sheet OPEN FILE: a File opened Reference Manual updated/number assigned D-base updated "f a5 I lc Location maps requested from Mapping I Adjoiner list given to Planner `1 d Application Action Summary updated MEETING DATE: g /(r /(P CLOSE FILE: FINAL ACTION: t�UQ 6 / (o Aj Approval (or denial) letter mailed to applicant/copy made for file & cc's eil 6116 File stamped "approved", "denied" or "withdrawn" / to Reference Manual updated �(q /Q, D-base updated 0 Application Action Summary updated Sys ID # NOTES RECEIPT _ DATE! M `' No. 984383 RECEIVED FROM "' I �' ✓� I II I r\CSI I I r1cl ADDRESS-� — �iFfl ' A 0R�J "fE(Z1 r1S I IIV� VA C> C FOR VfxYi Ct0(%p 7TNx# —IS t- E ';' Q,p ACCOUNT HOW PAID AMT. OF ACCOUNT CASH AMT. /1/\ CHECK PAID ll'l� BALANCE MONEY DUE ORDER «2001 R1FORM 81-818 --------- ===-- COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 August 17, 2016 David Dentel Katrina Dentel 102 Raven Road Kenneth Wright Stephens City, VA 22655 RE: VARIANCE REQUEST #10-16 Dear Mr. and Mrs. Dentel: 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 75E-3-2-68 was approved by the BZA to allow a 15 foot front yard variance to a required 35 foot front yard setback resulting in a 20 foot front yard setback. The property is located at the 102 Raven Road, in Stephens City in the Shawnee Magisterial District. If you have any questions regarding this action, please feel free to call this office. Sincerely, M keran Zoning Administrator MRC/pd cc: Gene Fisher, Shawnee District Supervisor Lawrence Ambrogi and H. Paige Manuel, Shawnee District Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue John Trenary, Building Official Heart of the Home Design, 404 Longview Ave., Winchester, VA 22601 107 North Kent Street, Suite 202 s Winchester, Virginia 22601-5000 LJ Pam Deeter To: Gene E. Fisher (gfisher@su.edu); Lawrence Ambrogi; H. Paige Manuel Subject: Variance Request approval Attachments: SKMBT_PLAN16081808290.pdf Good morning, I have attached a copy of an approval letter from Mr. Cheran approving the request for David Dentel and Katrina Dentel 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 J/ Iv 0 Pam Deeter From: Mail Delivery System < MAILER- DAEMON @co.frederick.va.us> To: hpmanuel@comcast.net; lawbrogi@gmail.com; gfisher@su.edu Sent: Thursday, August 18, 2016 8:37 AM Subject: Relayed: Variance Request approval Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: hpmanuel@comcast.net lawbrogi@gmail.com gfisher@su.edu Subject: Variance Request approval 0 • VARIANCE APPLICATION #10-16 DAVID AND KATRINA DENTEL Staff Report for the Board of Zoning Appeals Prepared: August 4, 2016 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: August 16, 2016 Public Hearing; Action Pending LOCATION: The property is located at 102 Raven Road, Stephens City, Virginia MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 75E-3-2-68 PROPERTY ZONING & USE: Zoned: RP Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RP (Residential Performance) Use: Residential South: RP (Residential Performance) Use: Residential East: RP (Residential Performance) Use: Residential West: RP (Residential Performance) Use: Residential VARIANCE REQUESTED: The Applicant is requesting a 15 foot front yard variance to a required 35 foot front yard setback resulting in a 20 foot front yard setback. REASON FOR VARIANCE: To accommodate an addition to an existing dwelling. STAFF COMMENTS: This property is zoned RP (Residential Performance) and has a lot size of 10,885 square feet, with a single-family dwelling which was built in 1986. The recorded plat for the Greenbriar Village Subdivision Section II has a 35 foot front setback and no side or rear setbacks. Frederick County amended its Ordinance in 1989 and changed the R-2 Zoning District to the current RP (Residential Variance #10-16 — David and Katrina Dentel Page 2 August 4, 2016 Performance) Zoning District. Frederick County Zoning Ordinance allows for lots in the RP Zoning District to range in size from 3,000 sq. ft. to 100,000 sq. ft. Section 165-402.09C of the Frederick County Zoning Ordinance, requires setbacks of this housing type to be: 35 feet front yard, 10 feet side yards and 25 feet rear yard. This property is a corner lot with two fronts along Raven Road and Nightingale Avenue. Section 165-201.02D states that a lot with more than one side abutting a street or road, front setback yards shall be provided wherever the lot abuts a street. To determine the location of side and rear boundaries, the front shall be deemed to be the shortest side with the frontage on the street or road. According to the recorded plat for this lot, Raven Road's frontage is 69.70 feet and Nightingale Avenue's is 90.94 feet. Therefore, the yard setbacks for this property are 35 feet from both Nightingale Avenue and Raven Road, 10 feet from lot 67 and 25 feet from lot 51. STAFF CONCLUSIONS FOR THE AUGUST 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 Applicant is seeking a 15 foot front yard variance. Should this variance be granted the building setbacks for this property would be 35 feet off of Raven Road, 20 feet off of Nightingale Avenue and 10 feet from both side and rear yard lines. The proposed variance does meet the requirements of the Code of Virginia and Fredrick County. I18 NIGHTINGALE AVE 311t 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) V 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) El 0� �J r 1/ ' a pp - MID ar 111 F-1 Note: VAR # 10 - 16 Frederick County Dept of David and Katrina Dentel Development 1107 Nlng Kent St PIN: Suite 202 75E - 3 - 2 - 68 Winchester, VA 22601 15' Front Yard Variance 540 - 665 - 5651 Map Created: July 25, 2016 Staff: mcheran 0 30 60 120 Feet Applications Parcels Sewer and Water Service Area Building Footprints G ► ' 111L David and Katrina PIN: 75E-3-2-68 15' Front Yard Variance Note: Frederick County Dept of Dentel Planning & Development 107 N Kent St Suite 202 Winchester, VA 22601 540 - 665 - 5651 Map Created: July 25, 2016 Staff: mcheran 0 30 60 120 Feet EK8gjGF;039a Lot 51 Street Address: ,f OZ Raven Road Legend 14F Iron Rod Found S.R.L Building Restriction Line Notes 1. No Mle report famished. 2. Easements mcy axis,' that ore not sho►m on thl9 plot. J. According to F.(.R.M. Community —Panel Number *51066.J 0700 B, this (ot ;s locatcd it on area designated Zone C, which is on area of minimal floo4ing. SEC TION ONE f 30. DO' CRAW r� r�x� s a net c 29.0' fN 5hro N n ss.a o 112 SrrRY - D� x+� Lot 67 .7' u+ 21.1' V ro►tCCr J5'e.R.L 0 M P Lot 60 y� IOW5 sq. Ff. o. e arc. TRANS. N Ot'47'00 r 69.7Y RA VEN ROAD 60' Plly Surveyor's Certifica t e i hereby Certify that the, information shown on the plot is based on on octuui 091d survey encode under ml supervision aryl Mere are no encroachments or virb)v Casements unless shhown. Cougiae,C. Legge, C.S. PLAT: HL-6V69.DWC H fi BUILDING LOCATION SURVEY N LOT 66 � t. CREENBRIAR VILLAGE N .SECTION TWO OPEOUON MAGISTERIAL DISTRICT FREDERICK COUNTY, WGI'VIA ELAS . EG 0 CERTIFICATE DAZE: 22 March 1996 SCA-E: 1-=30' SURVEY DATE: 21 March 1996 U 1197 � 3��% MARSH & ILEGGE LAnd Survcyora, P.L.C. 186 North Canavan stroot Wkwhaga. VIMt-J& 22601 (S#o) 667-046e For (S<o) 06'-6469 Scale: 1 ":20' Date: 2016-07-22 S 04° 29' 34" E 130.00'� + R=25.00'- L=28.69' N 01 ° 47' 00" W 69.70' RAVEN ROAD Dave & Kate Dentel Proposed Addition 102 Raven Rd, Stephens City VA 22655 ' O O x *,Hea►h`.Home rt esign•Build jr , � 1 v APPLICATION FOR VARIANCE FREDERICK COUNTY, VIRGINIA 41.0 . Jul 2 2 2016 -OFFICE USE ONLY - Variance Application # 13 -- I In Submittal Deadline -1 U Submittal Date -1as I For the BZA Meeting of !&I I In� I (o Fee Amount Paid'M U60 00 Initials Sign Deposit Paid i__� Receipt # Cf Ry 3 R 3 MUST BE TYPED OR FILLED OUT IN INK — PLEASE PRINT The applicant is the owner F-1 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: L? D FOCk YOAD DIW. HvAller Of- Tttf, poyne NAME: tf)56 :7� ADDRESS: 4o4 LP1'1rwi Ro AyC-- TELEPHONE: 54a- 0-n +04Zl OCCUPANT: (if different) NAME: * K AdF _Mvrf�L- ADDRESS: 107- ?.Aye 9D 5T6ftk9H5 G' T f \4 2'7,(06s TELEPHONE: 540.67,I.749 ' 3. The property is located at (give exact directions and include State Route Numbers): 4. The property has a road frontage of . 31feet and a depth of 1025 Ij feet and consists of 0.2Mq_acres (please be exact). 5. The property is owned by VWC-, * F, VF,+jTlPL_ as evidenced by deed from rj it '1 i [ _ (MR recorded (previous owner) in deed book no. 1767(o_ on page Sq,T —or instrument number (MCtVV„7," 7 of the deed books of the Clerk 7 of the Court for Frederick County. Please attach a copy of the recorded deed. Magisterial District: $4AUMEE -- Property Identification Number (P.I.N.): 7 2 �D� The existing zoning of the property is:�Vi� 9. The existing use of the property is: S(Y)6l.[--- FAYI V-e 10. Adjoining Property: USE ZONING RP North 51 Vt6t_ fJdt i LY East South West-- --- ---- — - --- --- --- — --- 1 1. Describe the variance sought in tens of distance and type. (For example: "A 3.5' rear yard variance for an attached two -car garage..") -A TOS s1 TE p l(YIG, PATW RMN CA . ► •.-. . ,.i G u �i -- .. 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 E�1 : i Ir1I! 1 r, •►mil.. 0 13. Additional comments, if any: 14. The following navies 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 fi•on-i) the subject property. (Use additional pages if necessary.) These people will be notified by mail of this application: Name and Property Identification dumber Address Name _ C�� ` W 'P-DJ NIA' U&-9- Property if Name rj%{ �iil1 �C�Hb'1 �7P, nn Property # -� Name140 i �T GS v:7 C� �'� r%i �✓ Property #C Name h0 10 -- �5 Property#✓`i�'+'�G3 Name Property # Name Property # Name Property # Naive Property # 9 AGREEMENT VARIANCE # (Ninnber 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 thafthe 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 fi•om 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. / o SIGNATURE OF APPLICANT DATE SIGNATURE OF OWNER �..''R...s' �+ `' �, DATES -OFFICE USE ONLY- BZA PUBLIC HEARING OF ACTION: -DATE- APPROVAL DENIAL SIGNED: BZA CHAIRMAN DATE: APPLICATION FOR VARIANCE JUL 2 2 2016 FREDERICK COUNTY, VIRGINIA -OFFICE USE ONLY - Variance Application # 10 -1 Ln Submittal Deadline -1 It Submittal Date -1 10QI to For the BZA Meeting of 8R I tn� Fee Amount Paid N Q00 Initials Sign Deposit Paid Receipt # C( $q 3 R 3 MUST BE TYPED OR FILLED OUT IN INK — PLEASE PRINT The applicant is the owner F-1 other I f. (Check one) Please list all owners, occupants (adult individuals as well as any entities occupying the property), or parties in interest of the property. 2. APPLICANT: t7ANID 1"Z1C.6�IMOY1� old-' Ftr4me-� af- Tiie_ Home NAME: W_661-- QL(1P ADDRESS: 404 LOY)CWI l ;W AMFE- oil ylu- E!5F� vim- Z�ol TELEPHONE: Ste%• e-0104Z-q OCCUPANT: (if different) NAME: DONE * KAR_QFiLTI� ADDRESS: 1(92 9AVCog" F—D �5 C I!J" \A 7;7,(o�sS' TELEPHONE: ,S,V 57-I -746+ 3. The property is located at (give exact directions and include State Route Numbers): M GO S 2.11,107, FWiT- 4. The property has a road frontage of . Zi feet and a depth of 0$ -7q feet and consists of _acres (please be exact). 5. The property is owned byp"e_ * V � VK)FyI'TS t, as evidenced by deed from ) N1/11 {/1qAF'� recorded (previous owner) in deed book no. g� on page or instrument number CgaP&72-7 of the deed books of the Clerk W 6 of the Court for Frederick County. Please attach a copy of the recorded deed. Magisterial District: :54AG MEE _ Property Identification Number (P.1.N.): 7g Fnr�7 '06 2 The existing zoning of the property is: The existing use of the property is: S(Y)67l.F—, FAA 1Lq 10. Adjoining Property: USE ZONING RP North 5f►'�l�ll; �AryhtL�__ flb°�I�ZIAi.. East South West 11. Describe the variance sought in teens of distance and type. (For example: "A 3.5' rear yard variance for an attached two -car garage.") t�3�a+�-1��•�J'��?il�'T+�1��1��T1�- rl SA J i ,.1 • ��1 V i i � i' is il�.� �• 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 extraordinaiy situation or condition of property, or ►The use or development of property immediately adjacent thereto �Il : r E /.:vf • ..�/•emu ... �'.J ; _ • -M 01-Irs 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 fi•om) the subject property. (Use additional pages if necessary.) These people will be notified by mail of this application: Name and Propery, Identification Number Address NIA Property # Name `Jib ToHr) btu cjP, jai Property # -"� 11 Name ale qV�1,(e�rr�i`TIWr/ tl-r�— �� . ST5 G1M'57 e4W '2i:Z-6pS Property # S7 Name h1Y �� `T YIIG�(IYlG Property #� Name Property .# Name Property # Name Property # Name Property # 9 0 E l 5. 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 structures) on adjoining properties. Please include any other exhibits, drawings or photographs with this application. 10 • 0 AGREEMENT VARIANCE # 10 -1 t (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) daysprior 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 �� z SIGNATURE OF OWNER -OFFICE USE ONLY - DATE BZA PUBLIC HEARING OF g ` 1 I (o ACTION: -DATE- SIGNED: DATE: F.LA APPROVAL DENIAL Z' BZA CHAIRMAN W85rF'IJ039a 0 - -.— L o' 51 S (;4129'44' E , 16. 0 00 \ 12 \ a, 49.6 4 X ?�p69 1 N Street Address: ,y102 Raven Road Legend IRF Iron Rod Found B.R.L Pudding Restriction Line Notes 1. Na Title report famished. 2. Easements mey axis' Ihot ore not sho►m on 1hi9 plot. J, According to F.I.R.A1. Comrnuoity-Panel Number 51006J 02DO 6, this lot ,s locatcd it an area designated ?one C. which is on oleo of minimol flooding. SFCTt0N 014E ruh rEN _�--�r- 130, DO' s 6 rRi e 19.8' Shfa N 0 16.2 0 Q��N1G �102 3 Lot 67 21.2' PORa' o 15"e.R.l r- Lo t 66 Im 10, 8B5 Sq. Ft Ln 4 arc C. n2Anr$! nt'a7'00"_W 69.70' Mir RA VEN ROAD 6n' R/W Surveyor's Certificat-e 1 hereby cerfifv that tha information shown on fhs plol is based on on octuui fr91d survey mode under ml supervision aryl tnere ore no enrroachmr7ts or visblc rosernenls unless shown. eougia_ C. Legge, L5. PLAT: HL-GV68.0WG1 N n fi BUILDING LOCA770H SURVEY N LOT 66 CREENRRIAR VILLAGE N .SECTION TWO OPEOUON MAGISTERIAL O/S741CT -LAS EG FREDERICK COUNTY, WGIVIA � CLAS x D CERTIFICATE DAZE: 22 March 1996 SCA_E =304 SURVEY DATE: 21 March 106 U 1197 3%1 MARSH & ILEGGE 14ind Surmors. P.L.C~ �qN� �¢ 18e Borth ammo, Sums WinchasW. vtMW& 2MI (540) 667-0468 roy (540) ee,1-e4e9 n 4QV Scale: 1 ":20' Date: 2016-07-22 S 04' 29' 34" E 130. 0' R-25.00' L=28.69' 35" B.R.L. N 01 ° 47' 00" W 69.70' RAVEN ROAD Dave & Kate Dentel Proposed Addition 102 Raven Rd, Stephens City VA 22655 M N 2 I'-2Y2 &,Heart the Home esign•Build ._ ,.�. ,:• - :��. J �: N .]J��.}�N Ore Q ,.w,... � .�\ g � t. _ � � �>- . .. _-�v = � #,,.yb n�' " yr .' �4 � ` ..., .� � �� ' wF i i U � . .,. EC � � a Y"+�,��a � a b d �: �,t� lrrw t � .' .. ... Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcda.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents: That I (We) (Name) (Phone) (Address) the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. on Page , and is described as Parcel: Lot: Bloch: Section: Subdivision: do hereby make, constitute and appoint: (Name) (Phone) (Address) To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: _Rezoning (including proffers) Conditional Use Permit _Master Development Plan (Preliminary and Final) 7^Subdivision _[_Site Plan -1 Variance or, Appeal My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this day of , 20 , Signature(s) State of Virginia, City/County of , To -wit: 1, , a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this day of , 20. My Commission Expires: Notary Public FREDERICK COUNTY DEVELOPMENT REVIEW FEES Adopted April 23, 2008 — Effective May 1, 2008, Revised 2/24/2010, 4/28/2010 COMPREHENSIVE POLICY PLAN $ 3,000 non-refundable REZONING $ 5,000 base + $100/acre — 2 acres oi- less $ 10,000 base + $100/acre more than 2, less than 150 $ 10,000 base + $100/acre first 150 + $50/acre over 150 acres SUBDIVISION Non -Residential $1,000base Design Plan $ 200/lot Plat $ 100/lot Residential (RP, R4, R5) Design Plan $ 2,500/base $100/lot Plat $ 200/lot to 50 lots $ 100/lot over 50 lots Rural Areas (RA) Sketch (Design) $ 2,500 base $200/acre Plat S 200/lot Rural Areas (RA) Minor — 3 lots or less $ 200/lot Lot Consolidation $ 200/lot Boundary Line Adj. $. ,200/lot VARIANCE $ 400 BZA APPEAL $ 250 ZONING CERTIFICATION LETTER $ 250 ZONING DETERMINATION LETTER $ 100 SUBDIVISION ORDINANCE EXCEPTION MASTER DEVELOPMENT PLAN $ 3,000 base + $100/acre for first 150 +$50/acre over 150 acres CONDITIONAL USE PERMIT Cottage Occupation $ 75 Telecommunication Tower $ 1,000 Other $ 750 SITE PLAN Non-residential $ 2,500 base $ 200/acre to 5 acres $ 100/acre over 5 acres Residential $ 3,500 base $ 300/unit to 20 units $ 100/unit over 20 units Minor Site Plan $ 500 for revision that increases existing structure area.by 20% or less & does not exceed 5,000sf. POSTPONEMENT of any Public Hearing or Public Meeting by Applicant after. Advertisement, to include Applicant requests to TABLE an agenda item $ 500/occurrence. THIRD. & SUBSEQUENT PLAN. REVIEWS (including County Attorney review) for a single development application $ 500/review. BOND MANAGEMENT Establishment of bond $ 500 . Reduction/Release $ 300 Replacement $ 500 TDR PROGRAM TDR Application Review $300 TDR Letter of Intent $100 . TDR Certificate $200 Certificate Ownership Transfer $50 Receiving Property Approval $200 Recordation of Sending Property Deed Covenant $100 Recordation of Extinguishment Document $100 $ 500 CHAPTER 161 FEES Installation License $300 Septic Haulers Permit. $200 Residential Pump and Haul $50 Commercial Pump and Haul $500 0 i 090006637 File No. 1081166 Consideration: $148,000.00 Assessed Value: $1 S9, GUU.00 Grantees Mailing Address: 102 Raven Road Stephens City, VA 22655 A089376 -�µ 7s &3 -a--6 SPECIAL WARRANTY DEED RETURN DOCUMENTS TO: Reis Title 123 N Braddock St Winchester, VA 22801 THIS DEED made the +r day of JLty�t__ 2009 , between Fannie Mae a/k/a FEDERAL NATIONAL MORTGAGE ASSOCIATION, a corporation organized under an Act of Congress and existing pursuant to the Federal National Mortgage Association Charter Act, having its principal office in the City of Washington, District of Columbia, and an office for the conduct of business at 13455 NOEL ROAD, SUITE 600, DALLAS, TEXAS 75240-5003 (hereinafter called the Grantor) and David DENTEL and Katrina R. DENTEL , (hereinafter called the Grantees) WITNESSETH, That the said Grantor for and in consideration of the sum of One Hundred Forty -Eight Thousand and 00/100 Dollars ($148,000.00), the receipt whereof is hereby acknowledged, hereby grants and conveys unto the said Grantees, their /heirs and assigns, in fee simple, rks "JfnIs b� � en-b're- iCs j The property is commonly known as 102 Raven Road, Stephens City, VA 22655, and is more particularly described as All that certain lot or parcel of land lying and being situate in Shawnee Magisterial District, Frederick County Virginia containing 10,885 sq, ft., more or less, located northeast of the Town of Stephens City, and more particularly described as Lot 68, GREENBRIAR VILLAGE, SECTION II, as shown on the plat by H. Bruce Edens, L. S., dated August 30, 1985 of record in the Clerk's office of the circuit Court Frederick County, Virginia in Deed Book 610 at Page 549; and more particularly described by plat of survey of Douglas C. Legge, L.S. dated March 26, 1996 of record in said Clerk's Office in Deed Book 856 at Page 398. BEING the same property which &&, Trustee, granted and conveyed unto Grantor herein in fec by Trustees Deed dated && and recorded in the Land Records of && County, Virginia on && in Deed Book &&, Page &&. UNDER AND SUBJECT to any existing covenants, easements, encroachments, conditions, restrictions, and agreements affecting the property. TOGETHER WITH all and singular the improvements, ways, streets, alleys, passages, water, watercourses, right, liberties, privileges, hereditaments, and appurtenances whatsoever hereto belonging or in anywise appertaining and the reversions and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, property, claim and demand whatsoever of the said Grantor in law, equity, or otherwise howsoever, of and to the same and every part thereof. TO HAVE AND TO HOLD the said property above described with the hereditaments and appurtenances, unto the said Grantees, their heirs and assigns forever. UNDER AND SUBJECT AS aforesaid. Grantor covenants for itself and its successors to warrant and defend all that is hereinabove described against all persons lawfully claiming or to claim the same or any part thereof by, through or under Grantor. U 0 IN WITNESS WHEREOF, Grantor has caused this Deed to be signed in its name on its behalf by its A50C.Gcc4t'v!� the day and year first above written. Fannie Mae a/k/a Fe rat National Mortgage =9 = Association By: 0.. y; �d�. duo,,• Sheryl Martin Vice President STATE OF TEXAS: �'''� ��►''`��, :ss COUNTY OF DALLAS: On the day of _ , 200�)- personally appeared Q11tilyi ,.'a""' , Vice President of Fannie Mae a/k/a FEDERAL NATIONAL MORTGAGE ASSOCIATION, to me known to be the person who executed the foregoing instrument to be her/his free act and deed in her/his said capacity, and the free act and deed of Fannie Mae a/k/a FEDERAL NA�IONAL MORTGAGE ASSOCIATION. r Notary Publ My commission expires: K FOUL 4bftldv^U ryKa0W1.10 Fannie Mae a/k/a FEDERAL NATIONAL MORTGAGE ASSOCIATION IS EXBMPT FROM PAYING GRANTOR TAX PER CODS 12 USC 1723 (a) (c) 2 After recording please return to: Segan, Mason & Mason, P. C. 7010 Little River Turnpike, #270 Annandale, VA 22003 VIRGINIA: FREDERICKCOUNTY.SCT. Thissi/instrument of writing was produced to me on and with certifiCalc aclJwwlcdgcment thereto annexed was admitted to record. Tax imposed by Sec. 58.1-802 of $ �I end 58.1-801 have been paid, if assessable. Dave and Kate Dentel 102 Raven Road Stephens City,Va.22655 4.4...+. June 2016 Request for Zoning Variance: Detailed Overview What do we want to do? We would like to provide more living space, better heating and a first -floor bathroom for Kate's elderly parents, who are on a fixed income and need more than their present 260 square feet plus an upstairs bed- room to live in. Why is this necessary? We currently have only 1,732 square feet and one - and -a -half baths in our house. The full bath has an acrylic clawfoot tub that is difficult for Kate's 80-year- old mother to climb into. Going upstairs is hard on her knees, and Kate's father has to tale the stairs slowly due to his atrial fibrillation. (And two toilets for four adults just isn't working very well.) The living room ceiling is vaulted, and consequently it is impossible to get it warm enough for Kate's parents in the winter (they use space heaters in their rooms to augment the HVAC heat); and the remaining first -floor space is open on three sides. Can't you alter the floorplan to accommodate another bath? The half -bath is situated in a hallway and could be made into an awkward, wall. -through bathroom that would diminish the value of our home, but a) It would not solve the need for more toilets; b) It would require us to get rid of our present washer and dryer to purchase a stackable unit; c) It would require the floor space of the pantry, taking away much -needed storage space and litterbox con- tainment; d) It would not add any much -needed square footage; e) It would require extensive re -working of the bath- room area, leaving four adults the use of one toilet until the work. was done; f) It would require opening up a load -bearing wall; g) Two plumbers have looked at it and said that there is not enough depth to create a shower to code. Can't you just move into a bigger house? There are several constraints in this area, being: a) We cant afford a home of the needed square footage at present prices in the Stephens City area; we would have to relocate to West Virginia to find an affordable alternative; b) Most available homes have just a half -bath on the first floor, and bedrooms upstairs, which is not as con- venient as what we have now; c) We are already in the middle of a refinance, not making it financially feasible to turn around the sell the house, losing over $7,000 in closing fees; and d) We love our neighbors and want to keep them, and not have the two-way crapshoot of our possibly getting bad neighbors as well as their getting bad neighbors. e) We have several feral cats on the property that were born under our shed. We have had them vetted, vacci- nated and fixed and they live on our property, and we provide food and shelter for them. Relocating them would be extremely difficult, if not impossible Would it be good for the neighborhood? The subdivision of Greenbrier Village is a mixture of different styles and sizes. Houses of less than 1,000 square feet coexist side -by -side with footprints of over 2,000 square feet; There are ranch -style homes, split -foyers, split-levels, colonials and contemporary Dave and Kate Dentel 102 Raven Road Stephens City,Va.22655 June 2010 Request for Zoning Variance: Neighborhood Character If' granted the opportunity to expand our home, we hope to build inn such a way that preserves the character of our immediate neighborhood. Overall, our subdivision, Greenbrier Village, lacks a home owner's association, so individual properties vary considerable in condition, upkeep and appearance. Our immediate neighborhood at Raven Road and Nightingale Avenue, however, is very well -maintained. And we feel we have good relationships with our neighbors — which is one reason we decided to remain un our present home and try to improve our property rather than move. Consequently, we are taking great care that our design ideas present a pleasant aesthetic that will enhance the immediate neighborhood and perhaps even add value. We are including design idea samples for our proposed addition below. Above: For the addition we envi- lion a flat roof with a decorative railing. Above, right: The addition design would feature several tall windows and kneeboard siding. Dave and Kate Dentel 102 Raven Road Stephens City,Va. 22655 June 2016 Request for Zoning Variance: Similar Home--229 Bluebird Different lot, same design, different results: In the same development, owners of a home nearly identical to the Dentel property were able to build a substantial addition.This home at 229 Bluebird presumably was approved for an expansion project because it was built to the side, where setbacks are minimal. Unfortunately for the Dentel property on Raven Road, what would be considered the "side" is labled a second "front" (not pictured here). i "i1Cx Dave and Kate Dentel 102 Raven Road Stephens City,Va. 22655 June 2016 Request for Zoning Variance: Neighboring Lots To the West: 119 Nightingale could build an ample addition toward the rear. Despite dual "fronts," 101 Raven Road has ample room to build. To the East: Despite being on a nar- row lot, 113 Nightingale features an addition -like projection toward the rear. To the South: As a double lot, 100 Raven Road also has ample potential for building expansion, despite being bound by two "fronts" Dave and Kate Dentel 102 Raven Road Stephens City,Va.22655 July 2016 Request for Toning Variance: Additional Documentation We wish to thank Frederick Cowity staff for their assistance and members of the Board of Zoning Appc als for considering our case. Dual Hardship We are requesting a zoning variance for our property at 102 Raven Road. We feel we have a strong case for claiming a hardship based on the fact that, since ours is a corner lot, we face setback restrictions we otherwise would not have encountered. And though we realize that technically it is not a consideration for the board, we would like to mention our reason for wanting to build an addition: We wish to accommodate Kate's elderly parents. Specifically, we would like to add a ground floor suite of rooms that includes a full bath. Currently our only full bath is on the second floor. Unfortunately, climbing the stairs is becoming increasingly difficult for Mr. and Mrs Wright. And, with our home's present configuration, there is no space to add an additional bath on either floor. Building toward the 4 road: H E I"W T7 The Dentels would like to build a 20-foot by 24-foot addition on the north side of their home, toward \ Nightingale Avenue.This I s would make the present \ 35-foot setback a 20-foots\ 1= setback. '�\ • —� 35• BAl \ I I A-esm\ L.duff N nl" 44 OW W W.TIf RAVEN ROAD Dave and Kate Dentel 102 Raven Road Stephens City,Va. 22655 Juuc 2016 Request for Zoning Variance: Detailed Overview --Continued salt -boxes, like ours. Some homes are well -maintained and renovated, while others are shrouded in weeds, have multiple vehicles up on blocks, missing shingles and broken blinds. There is no HOA. When we are gardening in our front yard, usually someone (sometimes several people) will stop and say, "I love what you've done to this place!" Our house was bank -owned and needed a couple of thousand dol- lars put into it before we could even get it appraised when we bought it in 2009.Our desire is to stay put and provide housing for Kate's parents where we are, improving the character of the house over the time we are here. A house of our exact style has been added to ex- tensively; however this lot has neighbors on three sides whereas our house is on a corner, providing two "fronts" from which to measure setbacks. We are confident that our addition would look appealing to our neighbors and passers-by. Too, being the second house on Raven Road coming from Aylor Road, it adds charm to the subdivision, and makes it seem more like a neighborhood. Above: The Dentel home as seen from Raven Road. Our cur- rent request is to build a 480-square-foot addition just to the left (north). Left: The east side of the Dentel home. A request for a variance to build there, toward the neighboring property line, was with- drawn. 1� COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING August 2, 2016 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #10-16 OF DAVID AND KATRINA DENTEL On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, August 16, 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 . #10-16 of David and Katrina Dentel for a 15 foot front yard variance to a required 35 foot front yard setback which will result in a 20 foot front yard setback. This property is located at 102 Raven Road, Stephens City, Virginia and is identified with Property Identification Number 75E-3-2-68 in the Shawnee 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, AT Cher 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 '312 I from the Department of Planning and Development, Frederick County, Virginia: 75E 3 2- 68- 75E - 3- 2- 69 - DENTEL DAVID PENNINGTON RICHARD E DENTEL KATRINA R 114 NIGHTINGALE AVE 102 RAVEN RD STEPHENS CITY VA 22655-2446 STEPHENS CITY VA 22655-2468 - -- - - - - 75E - 3- 2- 67- - - - 75E • 2.1. 51- SHELL RONALD LEE RUBBO ROSE MARIE 100 RAVEN RD RUBBO DAVID AARON STEPHENS CITY VA � AVE 22655 2468 113 NIGHTINGALE STEPHENS CITY 22655.2411 75E - 3.2.171- - - SHENK JOHN W SR SHENK LINDA L 101 RAVEN RD STEPHENS CITY VA 22655.2472 Mark R. Cheran, Zoning & Subdivision Administrator Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK�` a Notary Public in and for the State and County aforesaid, do hereby certify that Mark R. Cheran, Zoning & Subdivision Administrator for the Depart e t of Planning and Development, whose name is signed to the foregoing, dated E3 Z C CP , has personally appeared before me and acknowledged the same in my State and ounty aforesaid. Given under my hand this �v day of My commission expires on NOTARY PUBLIC REGISTRATION N 354474 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES DECEMBER 31, 2017 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING August 2, 2016 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #10-16 OF DAVID AND KATRINA DENTEL On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, August 16, 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 followin application: Variance Re -quest #10-16 of David Katrina De t fora 15 foo rear yard variance (dentification o a required,35 foot and setbaclXill result in a foot r yard. This property is ocated at 102 Rav" ad, Stephens City, Virial is i le with Property Number 75E-3-2-68 in the Shawnee Di Any interested parties may attend this hearing. A copy of t e 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 15 107 North Kent Street, Suite 202 • Winchester, Virginia COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING August 2, 2016 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #10-16 OF DAVID AND KATRINA DENTEL On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, August 16, 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 #10-16 of David and Katrina Dentel for a 15 foot rear yard variance to a required 25 foot rear yard setback will result in a 10 foot rear yard. This property is located at 102 Raven Road, Stephens City, Virginia and is identified with Property Identification Number 75E-3-2-68 in the Shawnee Magisterial District. Any interested parties may attend this hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's website at www.fcva.us. Sincerely, Mark Cheran Zoning Administrator MRC/pd 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000 10- i lD 4� 13. Additional comments, if any: To: Barbara -Data Processing From: Pam -Planning Dept. Please print- sets of labels by "It tx q_ I (e Thanks!' 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 Properrq Number Name Identification l`"& " G�� +F't�qAddress (00 ' i I 7IZDJ r Property # Name 'Si!/I •T4HY1 C?�.M� ft4N�M- �7~ i j Ci V1Y VA- Property # -�'� Name STVfK"15 e4W 'Z&SS_ Property. # S' . Name nlY (i- ht6i' Ih A Cum S-j � Property # Name Property # Name Property # Name Property # Name Property # 9 w DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY, VIRGINU m &,, k GIS, MAPPING, GRAPHICS WORK REQUEST s DATE RECEIVED: '1 1 ( 1 (-P REQUESTED COMPLETION DATE: l tr REQUESTING AGENT: r Department, Agency, or Company:_ Mailing and/or Billing Address: Telephony: E-mail Address: ESTIMATED COST OF PROJECT: FAX: DESCRIPTION OF REQUEST: (Write additional information on back of request) 'C 1 oe Vw � wrl cjz -$ 1 � R-1 100'\J d 9 o4VA fit. I DIGITAL: PAPER: FAX: E-MAIL: SIZES: COLOR: BLACK/WHITE: NUMBER OF COPIES: STAFF MEMBER: HOURS REQUIRED: COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: AMOUNT PAID; CHECK NON Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) V fk - i 0." tQ,