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Home My WebLink About11-16 Braddock Hills LLC - PIN 30A-2-25 - Gainesboro - BackfileBOARD OF ZONING APPEALS Variance Request Tracking Sheet OPEN FILE: (� File opened Reference Manual updated/number assigned ad j � D-base updated — tLocation maps requested from Mapping `- P._ , Adjoiner list given to Planner � aN ll Application Action Summary updated MEETING DATE: A'Z� I' FINAL ACTION: Q CLOSE FILE: *,-2L41(j . Approval (or denial) letter mailed to applicant/copy made for file & cc's File stamped "approved", "denied" or "withdrawn" Reference Manual updated D-base updated a/ (G Application Action Summary updated Sys ID # NOTES �� i� L;) !J DATE I d� �i0 0 IVO'f�'r 7 ? RECEev�'D FROM Y i �(l I t c�l �:� + Tfi nn/ ne f 6,1 ADDRESS t'rs ��1 I F l '. (�iTF Ki (il, II ��f' 1c SI E ✓ V["l 4 ►� )Luhdlccf.Inc !! FOR'�r� �i��►'''I(kf 1C j f, ;�^..-.ACCOUNT HOW, PAID` �� PT S t - AMT. OF CASH -ACCOUNT ✓ - i AMT. j PAID Q L CHECK A6 .a '-BALANCE MONEY DUE ORDER • COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 September 21, 2016 Mr. Michael M. Artz Pennoni Associates 117 East Piccadilly St. Winchester, VA 22601 RE: VARIANCE REQUEST #11-16 Dear Mr. Artz: This letter is to confirm that the above -referenced variance application was approved by the Board of Zoning Appeals at their meeting on September 20, 2016. The request on parcel identified by Property Identification Number 30A-2-25 was approved by the BZA to allow a 28 foot left side yard variance to a required 50 foot left side yard setback resulting in a 22 foot left side yard setback, and a 28 foot right side yard variance to a required 50 foot right side yard setback resulting in a 22 foot right side yard setback. The property is located on Woodridge Lane 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: Robert Hess, Gainesboro District Supervisor Charles Triplett and Kevin Kenney, Gainesboro District Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue John Trenary, Building Official Braddock Hills L.L.C. 4898 Highwood Road, Castro Valley, CA 94552 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 VARIANCE APPLICATION #11-16 BRADDOCK HILLS L.L.C. Staff Report for the Board of Zoning Appeals Prepared: September 6, 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: September 20, 2016 Public Hearing; Action Pending LOCATION: The property is located on Woodridge Lane (Route 747) at the end of cul-de-sac on the right side. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 30A-2-25 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) Land Use: Vacant ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: Residential West: Route 522 Use: State Road VARIANCE REQUESTED: The Applicant is requesting a 28 foot left side yard variance to a required 50 foot left side setback resulting in a 22 foot left side setback, and a 28 foot right side yard variance to a required 50 foot right side setback resulting in a 22 foot right side setback. REASON FOR VARIANCE: The property was created in 1971 and is narrow with steep slopes that will not allow for a building area within the current RA setbacks. Variance #11-16 — Braddock Hill L.L.C. Page 2 September 6, 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. This property was created in 1971 and is part of the Braddock Estates subdivision. The parcels within this subdivision are between 1 and 2 acres in size. The Applicant is requesting a variance of 28 feet on the left and right side yard from the current 50 foot setback side requirement of the RA Zoning District. This variance, if granted, would result in a 22 foot left and right side yard variance, to construct a dwelling. This property is narrow and located within a subdivision that has like properties with reduced setbacks. STAFF CONCLUSIONS FOR THE SEPTEMBER 20, 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. This proposed variance does meet the requirements of the Code of Virginia and Frederick County due to the lot size and the inability to meet the RA setbacks of the Frederick County Zoning Ordinance. Furthermore, the properties within this subdivision have been built on with less setbacks. . V522 N 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) U-4 la ;t.1 „. 1 1/ r. VAR # 11 - 16 Note: Frederick County Dept of Braddock Hills Planning & Development PIN: 107 N Kent St 30A - 2 - 25 Suite 202 Left and Right Side Variance Winchester, VA 22601 540 - 665 - 5651 Map Created: August 25, 2016 Staff: mcheran 0 50 100 200 Feet Applications Parcels Sewer and Water Service Area Building Footprints VAR #11-16 Braddock Hills PIN: 30A-2-25 Left and Right Side Variance Note: Frederick County Dept of Planning & Development 107 N Kent St Suite 202 Winchester, VA 22601 540 - 665 - 5651 Map Created: August 25, 2016 Staff: mcheran 0 50 100 200 Feet �� o R=50.00' \ D=79'36'2 C=64.02' CB=S 3M2138 W kb eST #30A� '2-23 Jac b N. 2 NeilProposed�t Jeniff�er I. alterm °n wen Inst.\#100 0419 Assumed Rebar Found bt 23- 4 .150 A . to �� Notes: TM #30A-2-26 — z _`- — 1. Boundary shown hereon was Erin E. Thomases 60'B determined by a field run Irtst,_#10000_ _9222 620� �Z. survey performed under my Lot 26 — direction. 1.425 Ac. / \..-_ oposed 2. This plot is subject to tLng easements and restrictions of 62.0" record. \ 'op, 3. No title report furnished. 30% �. \ Proposed - o. /-,slopes in \ Drainfield Lbt "141--Ae-: _ \\ -- _ - ---- - --- -- - - - - _ _ - - - - - 60 BRL _- -- - --! --- - -------- - fr(onument �2 N 06'Y5'40"_ E_ 142 34' Found Concrete �onugte- _- - 18 41 Monument . -Meayme undni p9 Nort tderrd Mi A� , S U S. Rte: 5323j - D Monument -- . -.. -.. - ----- vm'iobte-widW- `yON. _„ Proposed Land Development Plan Lot 25 Braddock Hills Estates, Section 2 Braddock Hills, L.L.C. TM #30A-2-25 Inst.#120007341 Gainesboro District, Frederick County, Virginia DATE- 0811812016 SCALE I" = 50' SHEET 1 OF 1 PREPARED BY. PENNONI ASSOCIATES INC. 117 East Piccadilly Street Pennon► Winchester, VA 22601 T 540.667.2139 F 540.665.0493 p_1 H OF MICHAEL M. ARTZ r Lic. No. 1513-B , �l it<� 6�;!NO SUR'J y0� DRAWN BY MMA BRDH7601 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA Variance Application No. Submittal Date: 8�iG11 In Fee Paid: e initials: l< S Sign.Deposit yes -OFFICE USE ONLY - Submittal Deadline;, 6I qha For the meeting of MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner _X_ other . (Check one) Please list all owners, occupants (adult individuals as well as any entities occupying the property), or parties in interest of the property. 2. APPLICANT: OCCUPANT: (if different) NAME: —Mike Artz C/O Marsh & Legge NAME: _Braddock Hills, L.L.C. ADDRESS 560 N. Loudoun St._ ADDRESS: 4898 Highwood Road _Winchester VA 22601 _Castro Valley, CA 94552 TELEPHONE:_540-667-0468 TELEPHONE: 540-550-7887 3. The property is located at (give exact directions and include State Route numbers): Right side of cul-de-sac at the end of Woodridge Lane (Va. Rte. 747) 4. The property has a road frontage of _69.47_feet and a depth of consists of_1.141_acres (please be exact). 6 355.1_feet and 5. The property is owned by Braddock Hills, L.L.C. as evidenced by deed from 300N, LLC recorded (previous owner) in Instrument no. 120007341 of the deedbooks of the Clerk ofthe Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: Gainesboro 7. Property Identification No.: TM #30A-2-25 8. The existing zoning of the property is: RA 9. The existing use of the property is: vacant 10. Adjoining Property: USE ZONING North _residential _ RA East _residential_ RA South _residential_ RA West _residential_ 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.") 28' Right Side yard Variance and a 28' Left Side yard Variance for a proposed single family home 12. List specific reason(s) why the variance is being sought in terms of. exceptional narrowness, shallowness, size or shape of property, or exceptional topographic conditions or other extraordinary situation or condition of property, or the use or development of property immediately adjacent thereto Subject property was created in 1971. All adjoining lots were built on shortly thereafter. This lot is a very steep lot with slopes in excess of 30%. The lot is exceptionally narrow due to being a cul-de-sac lot that was created prior to current regulations. Location of a proposed well and drainfield site leaves a very small building area that can reasonably be accessed. Dwellings on adjoining lots were constructed prior to current regulations and would be considered non -conforming with regards to side yard setbacks. 7 • 13. Additional comments, if any: 14. The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the variance is being sought, including properties at the sides, rear and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notified by mail of this application: NAME, Michelle Stovall Address 196 Woodridge Lane, Winchester, VA 22603 Property ID # TM #30A-2-26 Jacob N. O'Neil & Jennifer I. O'Neil Address 207 Woodridge Lane, Winchester VA 22603 Property ID # TM #30A-2-23 Edward D. & Mary Paula Wilson Address 201 Woodridge Lane, Winchester VA 22603 Property ID # TM #30A-2-22 Roy G. Miller Address 3467 N. Frederick Pike, Winchester VA 22603 Property ID # TM #30-A-139 James W. Jr., & Cathy L. Wilson Address 109 Fortress Drive, Winchester VA 22603 Property ID # TM #30-A-139B Jerry R. Baker, Jr. Address 3505 N. Frederick Pike, Winchester VA 22603 Property ID # TM #30-A-139A Address Property • 15. Provide a sketch of the property (you may use this page or attach engineer=s drawing). Show proposed and/or existing structures on the property, including measurements to all property lines and to the nearest structure(s) on adjoining properties. Please include any other exhibits, drawings or photographs with this application. AGREEMENT VARIANCE # (Number to be assigned by the Planning Dept.) I (we), the undersigned, do hereby respectfully make application, and petition the Frederick County Board of Zoning Appeals (BZA) to grant a variance to the terms of the Frederick County Zoning Ordinance as described herein. I agree to comply with any conditions for the variance required by the BZA. I authorize the members of the BZA and Frederick County officials to go upon the property for site inspection purposes. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the BZA public hearing and maintained so as to be visible from the road or right-of-way until the hearing. I hereby certify that all of the statements nd information contained herein are, to the best of my knowledge, true. `f ,/ SIGNATURE OF APPLICANT „, " r/• DATE I)�Ll 7// SIGNATURE OF OWNER �. lol'l DATF. �PO® BZA PUBLIC HEARING OF other than applicant) -OFFICE USE ONLY- - DATE - ACTION: APPROVAL SIGNED: BZA CHAIRMAN DENIAL DATE: 10 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.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) Braddock Hills, L.L.C. by Trond Unneland-Manager (Phone) (Address) 5896 Highwocd Road, Castro Valley, CA 94552 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. 120007341 -- on Page `___,, and is described as Parcel: Lot: 25 Block: _ Section: 2 Subdivision: Braddock Hill Estate do hereby snake, constitute and appoint: (Name) Michael M, Artz, Pennoni Associates (Phone) 540-667-3233 (Address) 117 East Piccadilly Street, Winchester, VA 22601 To act as my true and lawful attomey-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) ^J_f_Conditional Use Permit =Master Development Plan (Preliminary and Final) _Subdivision Site Plan _�]x, _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 authorizat�shgfl expire one ye In witness thef nn i live) have hereto Signature(s) the day it is signed, or until it is otherwise rescinded or modified. (our) hand an#i seal this Jday of A V 6n VST, 20.. ?,6 State of Virginia, City/County of _ To -wit: 1, � 11tJ 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 ) bb_, day of Mt, 201 (0 ' My Commission Expires: 1 " V- �I\ I Notary Public LIommiaelon Expires October 7, 2018 E • i63-10183 3Y/cmj CD o TIES DEED, made and dated this day of July 2012 by and between 300N. LLC. a West Virginia Limited Liability Company, hereinafter called the Grantor, and BRADDOCK MLLS L.L.C, a Virginia Limited Liability Company, hereinafter called the Grantee. WITNESSETH; That for and inconsideration of the stun of Ten Dollars ($ I0.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantor does grant and convey, with General Warranty and with English Covenants of Title, unto the Grantee, in fee simple, together with all rights, rights of way, privileges improvements thereon and appurtenances thereto belonging, all of the following realty; All that certain lot of land lying and being situate in Gainesboro Magisterial District, Frederick County, Virginia, on the North side of Woodridge Drive, more particularly described as Lot No. 25, Braddock Hill Estate, Section Two, on the plat of H. Bruce Edens, C.L.S., surveyed July 13, 1971 and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 438, at Page 827. AND BEING the same property conveyed to 300N, LLC, a West Virginia Limited Liability Company by Substitute Trustee's Deed from Thomas M. Dickinson, Jr., Substitute Trustee, dated February 25, 2010 of record in the aforesaid Clerk's Office as Instrument Number 100001660. Referenceis here made to the aforesaid instruments, the attachments thereto and the references therein contained for a further and more particular description of the property hereby conveyed. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty. The Grantor does hereby covenant that it has the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and it will grant such further assurances of title as may be requisite. 0 0 :r WITNESS the following signature and seal: CD IV 300N, LLC, a West Virginia Limited Liability Company � AL) / aason 1. Hicks, Authorized Agent State of West Virginia City/CMxn"d To-wit: aNotary Public in and for the State and jurisdiction aforesaid, do hereby certify that Jason 1. Hicks, as Authorized Agent, a duly authorized officer of 300N, LLC, whose name is signed to the foregoing Deed, dated this � day of July, 2012 has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 1 V%y of July, 20l2. yU�We:S OFFICIALS VIR A I NOTARY PUBLIC STATE OF WEST VLERSA -C BE IT E. CULLERS NO Public SUMMIT COIAMUNITY BANK moo PO BOX wo M Commission Expires: anm4. ,,.nEFIELD,WV 36836 My P My cbo a.vin. Fwrua za.mla Notary Registration 0: VIRGIINIA: FR DLkICK COLIh'I t .,SCi This instrument of writing was produced Lo RICO,. 7 -1 I - I Z. 18_p-7 p-. m. and with ccrtilk:la_ ueam:aie„eew nt ther u, annexcu was admitted w rrcurd. :,n iugnncJ by Sec, 58.1-802 of $�O _, and 58.1 -SO I have been paid, if assa-sahl, 4"i, , Clerk .� tcTS-UBJECT TO APPROVAL OR DISAPPROVAL CR I'MMIUUAL u'' ��► TO UCATIQf OF WATER SUPPLY AND IN,-TALL4TI(2J OF TIG: ."•��OE DI3- 1Amm., i s� �l Ii Zi1 t OR , ��i'?. •F EAR HMTH i. CT -41 00 3/ 9 . � • _ - N ' - • ` ! S_� ill i N"i°' .tat ! ., • o 30 �. II AC' r fOM� Lot . Ate.--•1 _ Yr F. Sod' L� t�'r .- • � � � :;'3y" � � � N� ' �'C LOf 4 1 ? V0 t% =qf1 1 L 1 -vtrw�9 N PLANNING COMMISSION BOARD OF SUPERVISORS BREVIEW CHECI LI T MEETI- NG O -QV-' It is important that you review the final package o your Agenda item(s), making certain that all necessary documents are attached! Please initial and date that you have completedyour review. THANK YOU! Project/Initials Date Candice: John: (�MDark- Tyler: Dave: FINAL REVIEW AND APPROVAL: Mike: Received by Clerical Staff for copying: U COUNTY of FREDERICK Deparhnent of Planning and Development 540/ 665-5651 . Fax: 540/ 665-6395 September 21, 2016 Mr. Michael M. Artz Pennoni Associates 117 East Piccadilly St. Winchester, VA 22601 RE: VARIANCE REQUEST #11-16 Dear Mr. Artz: This letter is to confirm that the above -referenced variance application was approved by the Board of Zoning Appeals at their meeting on September 20, 2016. The request on parcel identified by Property Identification Number 30A-2-25 was approved by the BZA to allow a 28 foot left side yard variance to a required 50 foot left side yard setback resulting in a 22 foot left side yard setback, and a 28 foot right side yard variance to a required 50 foot right side yard setback resulting in a 22 foot right side yard setback. The property is located on Woodridge Lane in the Gainesboro Magisterial District. If you have any questions regarding this action, please feel flee to call this office. Sincerely, Mark R. Cheran Zoning Administrator MRC/pd cc: Robert Hess, Gainesboro District Supervisor Charles Triplett and Kevin Kenney, Gainesboro District Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue John Trenary, Building Official Braddock Hills L.L.C. 4898 Highwood Road, Castro Valley, CA 94552 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Pam Deeter To: Robert Hess; ctriplet.fredcogovpc@icloud.com; Kevin Kenney Subject: Variance Approval #11-16 Attachments: SKMBT_PLAN16092109390.pdf Good morning, Attached is a letter from Mr. Cheran where the BZA approved a variance request #11-16 Braddock Hills, LLC 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 0 Pam Deeter From: Microsoft Outlook To: Robert Hess Sent: Wednesday, September 21, 2016 9:43 AM Subject: Delivered: Variance Approval #11-16 Your message has been delivered to the following recipients: Robert Hess (rhess@fcva.us) <mailto:rhess@fcva.us> Subject: Variance Approval #11-16 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA Variance Application No. 1 1- 1 to Submittal Date: 14 1lv Fee Paid: &- initials: 1< Sign Deposit yes -OFFICE USE ONLY - Submittal Deadline: 15 (q I to For the meeting of O b MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner _X other . (Check one) Please list all owners, occupants (adult individuals as well as any entities occupying the property), or parties in interest of the property. 2. APPLICANT: NAME: —Mike Artz C/O Marsh & Legge ADDRESS 560 N. Loudoun St._ Winchester VA 22601 TELEPHONE: 540-667-0468 OCCUPANT: (if different) NAME: Braddock Hills, L.L.C. ADDRESS: 4898 Highwood Road _Castro Valley, CA 94552 TELEPHONE: 540-550-7887 3. The property is located at (give exact directions and include State Route numbers): Right side of cul-de-sac at the end of Woodridge Lane (Va. Rte. 747) 4. The property has a road frontage of 69.47_feet and a depth of 355.1_feet and consists of_1.141acres (please be exact). C.1 5. The property is owned by Braddock Hills, L.L.C. as evidenced by deed from 300N, LLC recorded (previous owner) in Instrument no. 120007341 of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: Gainesboro 7. Property Identification No.: TM #30A-2-25 8. The existing zoning of the property is: RA 9. The existing use of the property is: vacant 10. Adjoining Property: USE ZONING North _residential _ RA East _residential_ RA South _residential_ RA West residential 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.") 28' Right Side yard Variance and a 28' Left Side yard Variance for a proposed single family home 12. List specific reason(s) why the variance is being sought in terms of. exceptional narrowness, shallowness, size or shape of property, or exceptional topographic conditions or other extraordinary situation or condition of property, or the use or development of property immediately adjacent thereto Subject property was created in 1971. All adjoining lots were built on shortly thereafter. This lot is a very steep lot with slopes in excess of 30%. The lot is exceptionally narrow due to being a cul-de-sac lot that was created prior to current regulations. Location of a proposed well and drainfield site leaves a very small building area that can reasonably be accessed. Dwellings on adjoining lots were constructed prior to current regulations and would be considered non -conforming with regards to side yard setbacks. 7 0 15. Provide a sketch of the property (you may use this page or attach engineer=s drawing). Show proposed and/or existing structures on the property, including measurements to all property lines and to the nearest structure(s) on adjoining properties. Please include any other exhibits, drawings or photographs with this application. 9 AGREEMENT VARIANCE # (Number to be assigned by the Planning Dept.) I (we), the undersigned, do hereby respectfully make application, and petition the Frederick County Board of Zoning Appeals (BZA) to grant a variance to the terms of the Frederick County Zoning Ordinance as described herein. I agree to comply with any conditions for the variance required by the BZA. I authorize the members of the BZA and Frederick County officials to go upon the property for site inspection purposes. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the BZA public hearing and maintained so as to be visible from the road or right-of-way until the hearing. I hereby certify that all of the statements nd information contained herein are, to the best of my knowledge, true. SIGNATURE OF APPLICANT J�4 DATE SIGNATURE OF OWNER DATE ( other than applicant) BZA PUBLIC HEARING OF -OFFICE USE ONLY- ACTION: - DATE - APPROVAL SIGNED: G BZA CHAIRMAN DENIAL DATE: G.o?D• /G 10 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.feva.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) Braddock Hills, L.L.C. by Trond Unneland-Manager (Phone) (Address) 5898 Highwood Road, Castro Valley, CA 94552 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. 120007341 _ on Page , and is described as Parcel: Lot: 25 Block: Section: 2 Subdivision: Braddock Hill Estate do hereby make, constitute and appoint: (Name) Michael M. Artz, Pennoni Associates (Address) 117 East Piccadilly Street, Winchester, VA 22601 To act as my true and authority I(we) would Property, including: (Phone) 540-667-3233 lawful attorney -in -fact for and in my (our) name, place and stead with full power and have if acting personally to file planning applications for my (our) above described Rezoning (including proffers) Conditional Use Permit Master Development Plan (Preliminary and Final) Site Plan ,Variance or Appeal My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorizat�sliail expire one ye In witness the .n . T lwe) have hereto Signature(s) the day it is signed, or until it is otherwise rescinded or modified. (our) hand angi seal this / � day of 4 V 6 L/A � , 20__2,6 State oWky J iV�'ffVirgiiniia,CCiity/�Coounty of To -wit: I, `"`� _, 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 f b day of USA 2� �011 V Vff l� b '"`" My Commission Expires: wr �/ Zb g Notary Public, uommieeion Expires October 7, 2018 0 563-10183 3Y/cmj I ac CD M C) C) THIS DEED, made and dated this day of July 2012 by and between 300N. LLC, a West Virginia Limited Liability Company, hereinafter called the Grantor, and BRADpOCK I LLS, L.L.C., a Virginia Limited Liability Company, hereinafter called the Grantee. WITNESSETH: That for and inconsideration of the sum of Ten Dollars ($10.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantor does grant and convey, with General Warranty and with English Covenants of Title, unto the Grantee, in fee simple, together with all rights, rights of way, privileges improvements thereon and appurtenances thereto belonging, all of the following realty: All that certain lot of land lying and being situate in Gaiaesboro Magisterial District, Frederick County, Virginia, on the North side of Woodridge Drive, more particularly described as Lot No. 25, Braddock Hill Estate, Section Two, on the plat of H. Bruce Edens, C.L.S., surveyed July 13, 1971 and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 438, at rage 827. AND BEING the same property conveyed to 300N, LLC, a West Virginia Limited Liability Company by Substitute Trustee's Deed from Thomas M. Dickinson, Jr., Substitute Trustee, dated February 25, 2010 of record in the aforesaid Clerk's Office as Instrument Number 100001660, Referenceis here made to the aforesaid instruments, the attachments thereto and the references therein contained for a further and more particular description of the property hereby conveyed. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty. The Grantor does hereby covenant that it has the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and it will grant such further assurances of title as may be requisite. C� J LA W g 0 c:) WITNESS the following signature and seal: CD fV 300N,LLC, a West Virginia Limited Liability Company AL) ason I. Hicks, Authorized Agent State of West Virginia City/Coup o /� To -wit: a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Jason I. Hicks, as Authorized Agent, a duly authorized officer of 300N, LLC, whose name is signed to the foregoing Deed, dated this day of July, 2012 has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this day of July, 2012. V W ey OFFICIAL SEAL ^ NOTARY PUBLIC STATE OF WEST VIgGINIA n = BETH E. CULLERS Notary Public �� . SUMMIT COMMUNITY BANK Po sox can My Commission ExpL MOOREFIELO. WV 70836 NY CO^'^ c' -r41P9b(tary24.20tq Notary Registration #: VIRGLNIA: Fh.=DLRICKCOLNI Y.SC 1 This instrument of writing was produced to me oI and With certilicat ac.rn akdecu rnt Lhcreto annCXL0 was admincd to rccurd. fay ilnpo,,:J by Sec. 58.1-802 of $__(3_. and 58.1 Wi have bccn paid, if as4sahk eee Al� , Clerk n TM #30A-2-26 Erin E. Thomas Inst. #100009222 Lot 26 1.425 Ac. h CO F Set Proposed_ Well • Rebor Found � o i 0 60, eR - _ - -- 620 8 o P oposed / \ ing —860--- 62'0„ \P o \ / 30% Proposed / es in \ Drainfield this ea \ Lot 2 ` 1.141 `\ 60 BR 7=- FAWO, Proposed Land Development Plan Lot 25 Braddock Hills Estates. Section 2 Braddock Hills, L.L.C. TM #30A-2-25 Inst.# 1 20007341 Goinesboro District, Frederick County, Virginia DATE. 0811812016 I SCALE. 1 " = 50' I SHEET 1 Of - PREPARED BY. PENNONI ASSOCIATES INC. Pennon Winchester, East Piccadilly Street Winchester, VA 22601 T 540.667.2139 F 540.665.0493 A=69.47' R=50.00' D=79'36'24" C=64.02' CB=S 3 ' 1'38" TM #30A-2-23 Jacob N. O'Neil & Jeniffer I. Halterm Inst. #10000419 t 23 4 150 A Notes: 1. Boundary shown hereon was determined by a field run survey performed under my direction. 2. This plat is subject to easements and restrictions of record. 3. No title report furnished. Monument T H OF U MICHAEL M. ARTZ v Lic. No. 1513—B DRAWN BY.- MMA BRDH1601 ti N 00 r 1 ' QD cp ` 1 - it LOTS ; UI3JECT TO APPROVAL OR DISAPPROVAL CViP.nJIVTD�►AL LC='rBA"�,R�� AS TO U_�CATIQI OF WATER SUFPLY lao IN ;tALLATION OF THE :�E.•+'•kG`, DI3-4 Trl_ — D ATE ELUs , . r , I)pATRG�AX HIsALTH _ 7 of AC 50 Ac _ O Yt Vt 540 LOT OfN- VA y� 4� -sue,,, , ,�.,4, ;�A 7 • � 0 E 13. Additional comments, if any: 14. The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the variance is being sought, including properties at the sides, rear and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notified by mail of this application: . NAME Michelle Stovall Address 196 Woodridge Lane, Winchester, VA 22603 Property ID # TM #30A-2-26 Jacob N. O'Neil & Jennifer 1. O'Neil Address 207 Woodridge Lane, Winchester VA 22603 Property ID # TM #30A-2-23 Edward D. & Mary Paula Wilson Address 201 Woodridge Lane, Winchester VA 22603 Property ID # TM #30A-2-22 Roy G. Miller Address 3467 N. Frederick Pike, Winchester VA 22603 Property ID # TM #30-A-139 James W. Jr., & Cathy L. Wilson Address 109 Fortress Drive, Winchester VA 22603 Property ID # TM #30-A-139B Jerry R. Baker, Jr. Address 3505 N. Frederick Pike, Winchester VA 22603 Property ID # TM #30-A-139A Sebert J. Smith, Inc. C/O Silver Lake Properties Address 13 South Loudoun Street, Winchester, VA 22601 Property ID # TM #30-A-174 0 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING September 6, 2016 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #11-16 OF BRADDOCK HILLS L.L.C. On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, September 20, 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 #11-16 of Braddock Hills L.L.C., for a 28 foot left side yard variance to a required 50 foot left side yard setback will result in a 22 foot left side yard setback and a 28 foot right side yard variance to a required 50 foot right side yard setback will result in a 22 foot right side yard setback. This property is located at the end of Woodridge Lane (Route 747) right side of the cul-de-sac and is identified with Property Identification Number 30A-2-25 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, ChV&Z-Ka ri Zoning Administrator MRC/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This s to certify that the attached correspondence was mailed to the following on j° (� I CQ from the Department of Planning and Development, Frederick County, Virginia: -- — - -- - 30 - A- -139-B 30A - 2- - 25- WILSON JAMES W JR BRADDOCK HILLS LLC WILSON CATHY L 5898 HIGHWOOD RD 109 FORTRESS OR CASTRO VALLEY CA 94552-1822 WINCHESTER VA 22603.4206 30A 2 26 - - - - 30 A- -139-A STOVALL MICHELLE BAKER JERRY R JR 196 WOODRIDGE LN 3505 N FREDERICK PIKE WINCHESTER VA 22603.2955 WINCHESTER VA 22603-2915 30A - 2- - 23 - O'NEIL JACOB N O'NEIL JENNIFER INGRID 207 WOODRIDGE LN WINCHESTER VA 22603.2954 30A - 2- - 22- WILSON EDWARD D WILSON MARY PAULA 201 WOODRIDGE LN _ WINCHESTER VA 22603.2954 - 30 - A- -139- MILLER ROY G MILLER PHYLLIS A j 3467 N FREDERICK PIKE WINCHESTER VA 22603.2914 Mark . Cheran, Zoning & Subdivision Administrator Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK I, �J►� Qe_( es�.. ? , a Notary Public in and for the State and County aforesaid, do hereby certify that Mark R. Cheran, Zoning & Subdivision Administrator for the De artment of Planning and Development, whose name is signed to the foregoing, dated 1 � � I , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of ao 1 (.0 My commission expires on N It 111M I �[--ETER NOTARY PUBLIC REGISTRATION # 354474 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES DECEMBER 31, 2017 va't'nuilt,x 4 ux a 13. Additional comments, if any: 14. The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the variance is being sought, including properties at the sides, rear and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be.notified by mail of this application: NAME Michelle Stovall Address 196 Woodridge Lane, Winchester, VA 22603 Property ID # TM #30A-2-26 Jacob N. O'Neil & Jennifer I.O'Neil Address 207 Woodridge Lane, Winchester VA 22603 Property ID # TM #30A-2-23 Edward D. &Mary Paula Wilson Address 201 Woodridge Lane, Winchester VA 22603 Property ID # TM #30A-2-22 Roy G. Miller Address 3467 N. Frederick Pike, Winchester VA 22603 Property ID # TM #30-A-139 James W. Jr., &Cathy L. Wilson Address 109 Fortress Drive, Winchester VA 22603 Property ID # TM #30-A-139B Jerry R. Baker, Jr. Address 3505 N. Frederick Pike, Winchester VA 22603 Property ID # TM #30-A-139A Sebert J. Smith, Inc. C/O Silver Lake Properties Address 13 South Loudoun Street, Winchester, VA 22601 Property ID # TM #30-A-174 V , -A CL.t. La,n� 1 I I (o PrIl �30A_a s 13. Additional comments, if any: f 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 Michelle Stovall Address 196 Woodridge Lane, Winchester, VA 22603 Property ID # TM #30A-2-26 Jacob N. O'Neil & Jennifer L O'Neil Address 207 Woodridge Lane, Winchester VA 22603 Property ID # TM #30A-2-23 Edward D. & Mary Paula Wilson Address 201 Woodridge Lane, Winchester VA 22603 Property ID # TM #30A-2-22 Roy G. Miller Address 3467 N. Frederick Pike, Winchester VA 22603 Property ID # TM #30-A-139 James W. Jr., & Cathy L. Wilson Address 109 Fortress Drive, Winchester VA 22603 Property ID # TM #30-A-139B Jerry R. Baker, Jr. Address 3505 N. Frederick Pike, Winchester VA 22603 Property ID # TM #30-A-139A Seb Smith, Inc. C/O Silver Lake rope ies Addr un Street, Winchester, VA 22601 Y , iI I/ FY Vaa QQ/1 �� --4 11- I (, &CO"cK N-,) (s uc P-7 N - Lin To: LIFbafa-Data Processing From: Pam -Planning Dept. Please rint- sets of labels by `i 1 I Q0< Thanks! 13. Additional comments, if any: 14. The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the variance is being sought, including properties at the sides, rear and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be.notified by mail of this application: NAME Michelle Stovall Address 196 Woodridge Lane, Winchester, VA 22603 Property ID # TM #30A=2=2:6, Jacob N. O'Neil & Jennifer I. O'Neil Address 207 Woodridge Lane, Winchester VA 22603 Property ID # TM #30A; 2-23 Edward D. & Mary Paula Wilson Address 201 Woodridge Lane, Winchester VA 22603 Property ID # TM #_30A=2-22 Roy G. Miller Address 3467 N. Frederick Pike, Winchester VA 22603 Property ID # ;-TM #30-A=1.39 James W. Jr., & Cathy L. Wilson Address 109 Fortress Drive, Winchester VA 22603 Property ID # TM_#30-A.-139B - Jerry R. Baker, Jr. Address 3505 N. Frederick Pike, Winchester VA 22603 Property ID # TM.#30-A-1.39A SO_J. Smith, Inc. C/O i ver Lake rope ies Address oun Street, Winchester, VA 22601 P COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING September 6, 2016 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST 411-16 OF BRADDOCK HILLS L.L.C. On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, September 20, 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 #11-16 of Braddoekic`-4-L.LX., for a , foot "lefft side yard variance to a requiredS/ foot left side yard setback will result in aZ..Zfoot left -side yard setback and a 2 S' foot right side yard variance to a required SOfoat:.right side yard setback will result in aZ2foot right side yard setback. This property4s.1ocated'=at the end of Woodridge Lane (Route 747) right side of cul-de-sac and is identified"with Property Identification Number 30A-2-25 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 w-w-w.fcva.us. Sincerely, Mark Cheran Zoning Administrator MRC/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Document Approval Form AUG 1 9 2016 Ff;EDERICK CC! 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 dice Mark Dave Tyler Mike John COMMENTS: Received by Clerical Staff (Date & Time): Date & Time (S:Office on Blackbox\Forms\Document Approval Form—6/7/2016 ) 0 0 DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY, VIRGINIA Yyl c., lC GIS, MAPPING, GRAPHICS WORK REQUEST DATE RECEIVED: `a I REQUESTED COMPLETION DATE: REQUESTING AGENT Department, Agency, or Company: - Mailing and/or Billing Address: Telephone. E-mail Address: ESTIMATED COST OF PROJECT: FAX: q 1-71,�v DESCRIPTION OF REQUEST: (Write additional information on back of request) Vol 0A �radc�c�1� 1-k 113 DIGITAL SIZES: COLOR: PAPER: FAX: E-MAIL: BLACK/WHITE: NUMBER OF COPIES: STAFF MEMBER: COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: HOURS REQUIRED: AMOUNT PAID: CHECK NO.# Frederick Cot:nty GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) b�-({ � _� ; 5 c1+ s ; A_�_ CKn fllEt�_