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Home My WebLink About16-16 Charles Newton III & Carolyn Newton - PIN 86B-4-A-35 - Opequon - BackfileBOARD OF ZONING APPEALS Variance Request Tracking Sheet OPEN FILE: File opened �eference Manual updated/number assigned V) aNj I(P D-base updated I0 Q-q J, I b Location maps requested from Mapping 10 �R9 / (r, Adjoiner list given to Planner to X/ ( Application Action Summary updated J MEETING DATE: I I �� FINAL ACTION: �'1/ CLOSE FILE: 11 I5 1 (c Approval (or denial) letter mailed to applicant/copy made for file & cc's )) ) 5A File stamped "approved", "denied" or "withdrawn" S Reference Manual updated D-base updated y Application Action Summary updated AqV k, sc-� CI Sys ID # NOTES 'T DATE I a� ct - NO. 541113 ChOwley &c•>+m I I I '(i I yn rIE�L��c5r1 1 WQnF __Dr . S LJ Le (7. VA aOI -]S FOR VO-V' I O- )1.E 1. I n - 11, }�1�Y4-+ n(3 U_p-_ ACCOUNT HOW PAID AMT. OF CASH ACCOUNT AMT. CHECK a S PAID O BALANCE MONEY DUE ORDER COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 November 15, 2016 Mr. Charles E. Newton, III Mrs. Carolyn G. Newton 801 Wage Drive, S.W. Leesburg, VA 20175 RE: VARIANCE REQUEST #16-16 Dear Mr. and Mrs. Newton: This letter is to confirm that the above -referenced variance application was approved by the Board of Zoning Appeals at their meeting on November 15, 2016. The request on parcel identified by Property Identification Number 86B-4-A-35 was approved by the BZA to allow a for a 17.5 foot left side yard variance to a required 50 foot left side setback resulting in a 32.5 foot left side setback, and a 17.5 foot right side yard variance to a required 50 foot right side setback resulting in a 32.5 foot right side setback. This property is located on Virginia Drive, Lot 35, Block A, Stephens City, Virginia in the Opequon Magisterial District. If you have any questions regarding this action, please feel flee to call this office. Sincerely, /Cheran Zoning Administrator MRC/pd cc: Robert W. Wells, Opequon District Supervisor Robert Molden and Roger Thomas, Opequon Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue John Trenary, Building Official 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000 Pam Deeter To: Robert Wells; Robert Molden; Roger Thomas (ipad) Subject: Variance Request #16-16 Charles Newton, III and Carolyn Newton Attachments: SKMBT_PLAN16111610020.pdf Good morning, I have attached a letter from Mr. Cheran approving the Variance Request 16-16 for Charles and Carolyn Newton 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 N N VARIANCE APPLICATION #16-16 CHARLES NEWTON, III AND CAROLYN NEWTON Staff Report for the Board of Zoning Appeals Prepared: November 7, 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: November 15, 2016 Public Hearing; Action Pending LOCATION: The property is located on Virginia Drive, Lot 35, Block A, Stephens City, Virginia. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 86B-4-A-35 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) Land Use: Vacant ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Use: Vacant South: RA (Rural Areas). Use: Vacant East: RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Residential VARIANCE REQUESTED: The Applicant is requesting a 17.5 foot left side yard variance to a required 50 foot left side yard setback resulting in a 32.5 foot left side yard setback, and a right side yard variance of 17.5 foot to a required 50 foot right side yard setback resulting in a 32.5 foot right side yard setback. REASON FOR VARIANCE: Due to the narrowness of the lot a dwelling with septic system will not be able to be added to this lot. STAFF COMMENTS: This 0.717 acre property was created in 1962 as part of the Lone Oak Subdivision, as noted by the deed and plats included in your agenda. Frederick County adopted Variance #16-16 — Charles Newton III and Carolyn Newton Page 2 November 7, 2016 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 foot front and 15 foot sides. Frederick County amended its Code in 1989 to change the rural zoning districts 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 on the left and right side yard, and 100 feet to the rear. The Applicant is seeking a variance of 17.5 foot left side -yard variance and 17.5 foot right side -yard variance, from the current 50 foot setback side requirement of the RA Zoning District; to construct a dwelling. Should this variance be granted, the building setbacks for this property would be: 60 foot front, 32.5 foot left side -yard and right side -yard, and 100 foot rear. STAFF CONCLUSIONS FOR THE NOVEMBER 15, 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. It appears that this variance meets the intent of the Code of Virginia, Section 15.2-2309 (2). This request from the current setbacks of the RA Zoning District may be justified. VAR# 16 _ 16 VIRGINIA DR t Charles Newton and Carolyn Newton, PIN: 86B-4-A-35 Left and Right Side Variance a -' 9► t y • /! VIRGINIA DR apt � t "VIRGINIA DR -� 116 VIRGINIA DR f 109,' 86B 4 VIRGINIA DR • A 35 a.• 11`! VIRGINIA DR - VIRGINIA • 'i err Applications Parcels Sewer and Water Service Area f'�3 . Building Footprints k S T Cy �P Note: VAR # 16 - 16 Frederick County Dept of Charles Newton and Planning & Development 107 N Kent St Carolyn Newton Site 202 PIN: Winchester, VA 22601 86B-4-A-35 540-665-5651 Left and Right Side Variance Map Created: October 24, 2016 Staff: mcheran 0 50 100 200 Feet e 112 2016 w C K OUNTr DFVF(_OPMCI:T APPLICATION FOR VARIANCE FREDERICK COUNTY, VIRGINIA -OFFICE USE ONLY - Variance Application # 1l0 - I L• Submittal Deadline 10 1=21 Submittal Date 10T,1 1 � f For the BZA Meeting of t 1 � (ffl v �� Sy I ( 3 Fee Amount Paid �-Idb Initials: Receipt # Sign Deposit Paid MUST BE TYPED OR FILLED OUT IN INK — PLEASE PRINT The applicant is the owner /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: 4- TtJ/1 ADDRESS: d0wl?'4, 5Gj TELEPHONE: CeP,� OCCUPANT: (if different) I►0ky,I ADDRESS: TELEPHONE: The property is located at (give exact directions and include State Route Numbers): eFr -5-0 �ccTC �yl — �T �5 ��OCk A GyV I�il4�/N��} 11.R1 ✓OtTY 4. The property has a road frontage of feet and a depth of feet and consists of acres (please be exact). 5. The property is owned by & L 4- /U as evidenced by deed from ecorded (previous owner) in deed book no. on page or instrument number ,�Q� of the deed books of the Clerk 6. 7. 8. 9. 10 of the Court for Frederick County. Please attach a copy of the recorded deed. Magisterial District: au(0 A) Property Identification Number (P.I.N.): The existing zoning of the property is: ff Iq The existing use of the property is: &Qi ZZ: l p% Adjoining Property: ZONING 14 11. Describe the variance sought in terms of distance and type. (For example: "A 3.5' rear yard variance for an attached two -car aaraae.") �--? • '�-' Q�aln.'t I 1 5; �u A ( 32.5 R-/C- �rY O 1 a 5 b < <a1 G� "C^." - � ', G� 12. Listspecificreason(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 01 n / i 8 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: a Name and Property Identification Number Address Name JGyeC-fime-K /l�2 �/�/'C�—/N�✓'1 AUZ i n Property # Ad /� Name Property # Name 5�� Property #960 51, Name � � l q / C-1 % y Y11 ' / Property # Name Ell _._- L�AIAVW61- Pe(i/�6x Property # Name Property # Name Property # Name Property # X E 0 AGREEMENT VARIANCE # / & /6 (Number to be assigned by the Planning Dept.) I (we), the undersigned, do hereby respectfully make application, and petition the Frederick County Board of Zoning Appeals (BZA) to grant a variance to the terms of the Frederick County Zoning Ordinance as described herein. I agree to comply with any conditions for the variance required by the BZA. I authorize the members of the BZA and Frederick County officials to go upon the property for site inspection purposes. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the BZA public hearing and maintained so as to be visible from the road or right-of-way until the hearing. I hereby certify that all of the statements and information contained herein are, to the best of my knowledge, true. SIGNATURE OF APPLICANTI j1j,&jW:t:_ DATE SIGNATURE OF OWNER (if other than applicant) DATE -OFFICE USE ONLY- BZA PUBLIC HEARING OF l.S 0?0/ACTION: -DATE- APPROVAL DENIAL SIGNED: BZA CHAIRMAN DATE: r (It 51, cr LOT 37 • 0 1/2 RE84R OR FOUND 101, I REBAR �. FOUND ~C 6p'0 moo_ 50 Fa `- `fir • LOT 34 7M 888-4-1-35 LOT 36 %CM&ES & M' & CAROM a AE1170N #sr /04002wm 31,250 SO. LOT 35 FT Vo .� w /2' R W k FOUND , 1/2' REB4R �0-'O' FOUND IM 86 A-729A E.R. NEFF EXCAVATING, 1NC INST 1050022087 PLAT INST 1140010722 6.44 ACRES• NOTES'1-11 1. NO T11LE REPORT FURNISHED. EASEMENTS OTHER THAN SHOWN MAY EXIST. 2. DRAINFIELD LOC4WN BASED ON A CURRENT FIELD SURVEY. 3. THIS PLAT 1S IN NO WAY TO BE CONSTRUED AS A BOUNDARY SURVEY 4. CURRENT OWNER IS CHARLES E. NEWTON N do CAROLYN G. NEWTON. INSTRUMENT 1'040020033. 5. SUBDMSION REFERENCE, LONE QAK-SECTION FOUR IS RECORDED IN DEED BOOK 376 PAGE 678. 6. THIS SUBDMSION IS SUBJECT TO THE FOLLOWING RESTRICTIONS, PER THE COVENANTS RECORDED 1N DEED BOOK 376 PAGE 678. ITEM 112 IN COVENANTS DEFINED THAT NO BUILDING SHALL BE ERECTED WITHIN 15 FEET OF EITHER SIDE OF THE PROPERTY UNES A VARIANCE WILL BE REQUIRED, AS THE CURRENT SIDE BRL lS 50 FEET. lEGENO; INTX = INTERSECTION INST = INSTRUMENT 50 0 50 SO FT= SQUARE FEET RI V = RIGHT OF WAY GRAPHIC SCALE f "= 50 ' BRL = BUILDING RESTRICTION LINES PER CURRENT ORDINANCE. PROPOSED HOUSE LOCATION I.. LOT 35 LORE OAK - SEC77 1V FOU7 OPEQUON MGMERW DISMICT, FREDER1cK CoUNn; WRGIN14 tANDRE M.M N�SCALE.• 0. 2330 1'=50' DATE• SEPTEMBER 19, 2016 GREENWAY ENGINEERING, iw-151 Windy Hill bane Engineers Winchester, Virginia 22602 Surveyors Telephone; (5401 662-418-1 UR FAX (540) 722-9528 Founded in 1971 www.grieenwayeng, com 4344DV SHEET 1 OF 1 PNSE 16-13 R i cT, �e. tz_� A) rs- 1108 LONE OAK - SECTION FOUR � DEED OF DEDICATION # Boor, 376a.cE 678 The attached subdivision to be known as Lone Oak - Section Four, situate approximately two miles northeast of Stephens City, in Opequon Magisterial District, Frederick County, Virginia, and more particularly described on the attached plat and survey, is with the free consent and in accordance with the desire of the undersigned owners and proprietors; and being a pertion of the realty conveyed to Arthur J. Webster, et ux, by deed of Arthur J. Webster, et ux, dated April 20, 1962, and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 278, at Page 196. This subdivision shall be subject to the fallowing restrictions, which are constituted covenants real. to run with land: 1. Said lots shall be used for residentia:. purposes only; however, this restriction shall not preclude the use of a room or rooms in a dwelling by a hairdresser or seamstress providingi there is off-street parking and no outside signs. I2. No fence shall be erected on the front of said lots higher than five (5) feet and kept in good repair. 3. No horses, ponies, cows, hogs, dog kennels, chicken houses or the like shall be maintained upon said :_ots at any time and no occupant of any lot shall keep more than two (2) dogs at any one time. 4. If sewer is not available, then a sewage disposal system shall be installed in accordance with the _'equir.ements of the Winchester -Frederick County Health Department. 5. No dwelling shall be erected on any of said lots with a floor area of less than 1100 square feet or wits a frontage on Virginia Drive of less than 45 feet nor in excess of 55 feet, and all foundations shall be brick to finished grade. LAW OFFICES LARRICK ANO WHITE WINCHESTER. VIRGINIA �I BOOK L) racE 679 6. No wrecked or junked cars and trucks or trucks heavier than a pick-up shall be permitted on any of said lots. Any vehicle not in running order or that has been unlicensed for more than three (3) months shall for the purposes of this restriction be deemed a junked car. 7. No mechanical or repair work on :rotor vehicles shall be performed on any of said lots. 8. No waste water shall be disposed of on top of the ground. 9. No manufactured house shall be erected on'any of said lots. A manufactured house is one that is built in two or more sections off the premises and assembled on premises. 10. No frame outbuildings shall be erected on any of said lots to cost less than Two Hundred Dollars ($200.00). 680 LAW OFFICES LARRICK AND WHITE f� WINCHESTER• VIRGINIA f r. 11. No trailers CqP m&VgeF'ifoin Qof an} kind shall be erected, stored or maintained on any of said lots at any time. 12. No dwelling shall be erected on ary of said lots within 15 feet of either of the side property lines. For the purposes determinin the side ro ert lines •the frontage on Virginia g P P Y, g 9 ` Drive shall be considered the front property lire. 13. No dwelling shall be erected on any of said lots with exposed cinder block construction above the finished grade level. WITNESS the following signatures and seals this aPgto, day of / r� , 1971. (SEAL) Arthur J. Webster (SEAL) Vir inia C. Webster -2- • F ,TATE OF VIRG INIA, OUNTI OF FREDERICK, to -wit: 1, ! � _ - ` YL Ja,na.-L , a Notary Public in and for :he State and County aforesaid, certify than. Arthur J. t:ebster an Virginia C. Webster., his wife, whose names are signed to the 'oregoing instrument, bearing date on the A,�.tA day of L)-h1 1971, have acknowledged the same before me in my State and County aforesaid. Given under my hand this IXIA day of }R<a My commission expires Notary Public u 9 0 Ol 376 682 41 e Ar 16-1 • n Apa L-3N 1 i 3l�=0o it i y t I i o_ o s ri 3' � . a V' ,/c—tJ1.r: 1 13 HE\lTH DEPARTMENT i, COUNTY 1 LOTS APPROVED ON AN Ste' 9pg. ` 1 i INDIVIDUAL BASIS ONLY Oro DIRECTOR SXtM IRIAN : l E • 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. i 10 VIRGINIA DRIVE , 60' WIDE RF N 48'58'04" E _ 125.00' PF 880't TO RTE. 641 I I I I 0 0 0 0 0 0 N I I N I I TAX MAP 86B-4-A-35 LOT 36 , LOT 35 , LOT 34 BLOCK A I BLOCK A BLOCK A SECTION FOUR 0.717 ACRES SECTION FOUR INST. #040020033 w of I o z � I 1 I 1 I 1 I I RF S 48'58'04" W 125.00' RF TAX MAP 86-A-229A E.R. NEFF EXCAVATING INC. LEGEND INST. #050022087 GRAPHIC SCALE RF - REBAR FOUND PF - PIPE FOUND 0' 40' 80' — — - OVERHEAD UTILITY LINE - WOODEN UTILITY POLE SCALE 1 " = 40' NOTES 1. NO TITLE REPORT FURNISHED; THEREFORE, EASEMENTS OR ENCUMBRANCES AFFECTING THE PROPERTY REPRESENTED BY THIS SURVEY MAY EXIST THAT ARE NOT SHOWN ON THIS PLAT. 2. THE LOCATIONS OF UNDERGROUND UTILITIES OR OTHER SUBSURFACE IMPROVEMENTS, IF ANY, WERE NOT ASCERTAINED; THEREFORE, ARE NOT SHOWN. 3. THE INFORMATION SHOWN ON THIS PLAT IS BASED ON AN ACTUAL FIELD SURVEY COMPLETED UNDER MY SUPERVISION ON 14 JULY 2015. 4. SUBJECT PROPERTY STANDING IN THE NAME OF CHARLES EDWARD NEWTON, III AND CAROLYN G. NEWTON. BOUNDARY SURVEY T H OF - OF LOT 35 BLOCK A LONE OAK - SECTION FOUR OPEQUON MAGISTERIAL DISTRICT U FREDERICK COUNTY, VIRGINIA Jon Gilmore Lic. No. 003040 DRAWN BY: JTG DWG NAME: 9955-PLATS SHEET 1 OF 1 Marsh & Legge Land Surveyors, P.L.C. <q�p +SCR\40 560 NORTH LOUDOUN STREET WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 FAX (540) 667-0469 EMAIL office@marshandlegge.com DATE: 07/15/2015 S �C)y .� /- �-J 040020033 THIS DEED, made this aqTll day of Sc?irXAg 2004, by and between Mildred S. Neff, widowed, SusanK. Newton, unmarried,. and Charles EdwardNewton, III, married, Grantors, parties of the first part, and Charles -Edward Newton, III and Carolyn G. Newton, husband and wife, Grantees, parties of the second part. WITNESSETH: That, for and in consideration ofthe sum of Ten ($10.00) Dollars, receipt of which is hereby acknowledged, Susan K. Newton, unmarried, Mildred S. Neff, widowed, and Charles Edward Newton, III, married, Grantors, parties the firstpart, do hereby grant and conveyto the parties ofthe second part, Charles Edward Newton, III, and Carolyn G. Newton, husband and wife, as tenants by the entirety with the common law right of survivorship, with Special Warrantyof Title, all oftheir right, title and interest in those nine certain lots or parcels of land situate, lying, and being in Frederick County, Virginia, more particularly described as follows: Lots 31, 327 315,39 , 40 and 41 Lone Oak subdivision, Block A Section 4 and further identified as Tax Map #'s 8613-4-A-31, 32, 35, 39,40 and.41; and Lots 1, 30 and 31, Lone Oak subdivision, Block B Section 4 and further identified as Tax Map #'s 86B4-B-1, 30 and 31. .Each lot conveyed herein is more particularly described on that Plat recorded in Deed Book 376, at Page 678 among the land records of Frederick County, Virginia. EACH LOT BEING a portion of the same property that Arthur J. Webster and Virginia C. Webster, husband andwife, acquiredbyDeed dated20 April 1962 andrecorded amongthe land records ofFrederick County, Virginia in Deed Book278, at Page 196. ArthurJ. Webster died intestateranuary 11,1977 leaving onlyElmo RayNeff(a/k/aE, R. Neff) and GeorginaN. Newton, his half brotherand half sister, as his heirs at law, as shown on the ListofHeirs recorded in Will Book 76 at Page 624 among the land records of Frederick County, Virginia. E.R. Neffdied testate Oetober 11, 2002 and left his interest in this propertyto his wife, Mildred S. Neff, per his will found in Will File 02-216 ofthe Circuit Court of -Frederick County, Virginia. GeorgianaN. Newton died testate August 29, 2000 leaving her interestin the property to her children, Susan K. Newton and Charles Edward Newton III, as evidenced byherwill recorded in WillBook 127 at Page 1449 amongthe landrecords ofLoudoun County, Virginia. This conveyance is made expressly subject to any and all easements, conditions, restrictions and Gj 46 • C.It tO agreements of record insofar as they may be lawfully applicable to the property hereby conveyed. The said parties ofthe first part warrant specially that have theright to convey the said land to said Grantees; that the Grantees shall have quiet possession of the said land, free from all encumbrances, except as hereinabove set forth; and that the said parties of the first part will execute such further assurances of the ownership of said land as may be requisite. WITNESS the following signatures and sesls: �w d__tax�� (SEAL) Charles Edward Newton IlI - 2LW &_�� (SEAL} Susan K. New/ton ,- f i MCil(dredS. ,Neff ` OJ STATE OF VKGINIA COUNTY OF ilk g, /-to-wit: The foregoing deed was acknowledged before me this c/ day of /— > 2004 by Susan K. Newton 4f. Notary Public My Commission Expires: d% STATE OF VIRGIl UA COUNTY OF LAA_ to -wit: The foregoing deed was acknowledged before me this at/ day of L�(c� 2004 by Charles Edward Newton, IIL g°——f�� —�-- Notary Public My Commission Expires: Q 11 lk n • Q 01 ram - STATE OF VIRGINIA COUNTY OF o-wit: The foregoing deed was acknowledged before me this day o y� s all 2004 by Mildred S. Neff Notary Public , 0 ��{�'My Commission Expires: -' VIRGINIA: FREDERICK COUNTY, SCT. This instrument of wnting was produced to me on �—Zat and with certjr,eate of acknowledgement thereto annexed was admitted to rr , rd. I' imposed by Sec. 58.1-8U2 of d 53.1-801 have been paid, if assessatWe 44� 1 Clzrk � w OCT 2 1 2016 Document Approval Form FREDERICK COI.'. " 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. Candice Mark Dave Tyler Mike John COMMENTS: Initials 7 Received by Clerical Staff (Date & Time): (S:Office on Blackbox\Forms\Document Approval Form —6/7/2016 ) Date & Time I0-aI--I C.o COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING November 1, 2016 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #16-16 OF CHARLES E. NEWTON III AND CAROLYN G. NEWTON On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, November 15, 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 #16-16 Charles E. Newton III and Carolyn G. Newton, for a 32.5 foot left side yard variance to a required 50 foot left side yard setback will result in a 17.5 foot left side yard setback and a 32.5 foot right side yard variance to a required 50 foot right side yard setback will result in a 17.5 foot right side yard setback. This property is located on Virginia Drive Lot 35 Block A, Stephens City, Virginia and is identified with Property Identification Number 86B-4-A-35 in the Opequon 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, a eran Zoning Administrator MRC/pd 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000 0 • This is to certify that the attached correspondence was mailed to the following on l I ) from the Department ofPlanning and Development, Frederick County, it inia: - — - 86B • 4• A• 35•- NEWTON CHARLES E III NEWTON CAROLYN G 801 WAGE DR SW LEESBURG VA 20175.3403 86B - 4• A- 36 - - - - -- - — - POPEK JOYCE 112 VIRGINIA DR STEPHENS CITY VA 22655.3301 86B - 4- A- 34- FUNKHOUSER DANNY G 116 VIRGINIA DR STEPHENS CITY VA 86B - 4- B- 25- LEVESQUE PAUL J 115 VIRGINIA DR STEPHENS CITY VA 86 - A- • 229-A E R NEFF EXCAVATING INC PO BOX 1027 STEPHENS CITY VA 22655.3301 22655.3302 22655.1027 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 Dep r ent of Planning and Development, whose name is signed to the foregoing, dated 11 1 , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of �6�1c7�y►ti%-t C2-0r (P My commission expires on D-Q,z� 6-kA �20 0 NOT Y PURMA DEFTER REGISTRATION # 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 November 1, 2016 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #16-16 OF CHARLES E. NEWTON III AND CAROLYN G. NEWTON On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, November 15, 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 #16-16 Charles E. Newton III and Carolyn G. Newton, for a 32.5 foot left side yard variance to a required 50 foot left side yard setback will result in a 17.5 foot left side yard setback and a 32.5 foot right side yard variance to a required 50 foot right side yard setback will result in a 17.5 foot right side yard setback. This property is located on.Virginia Drive Lot 35 Block A, Stephens City, Virginia and is identified with Property Identification Number 86B-4-A-35 in the Opequon 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. SincerelyZr;aZn- a Zoning Administrator MRC/pd 107 North Kent Street, Suite 202 . Winchester, Virginia 22601-5000 TO:LA -DATA PR•OCESSTNG FRO AM - Planning Dept. Please print : - sets of labels by oc_t 3( Z7/ 6 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 and Property Identification Number Address Name cJ DY I I //,�z ('1 IY, V4 4WD Property# Name E VK h WA Name L r-. 1:-� Property # g� Name AW � PAO L J� Property # Ci 7 Js Name 5WWVW S C17Y` r,4 Zr6jC em` # �} Name Paul J. Levesque 115 Virginia Dr. Stephens City, VA Property # 86B-4-B-26 Name Property # Name Property # N Ali 0 to G�� r teS e w n Ca.0 `A �� w 1� s-(oes'1-4-�N--6s 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: 0 Name and Property identification Number Address Name 'Qyn-5 ffpel< 1/,;2, �%�� Cf : A 4WD Property # 9413 Name TftIZ4 S Property # Name ` .� I^/:l 114} J-�i��i/� 5%%� G��7 Property # O (o ✓ Name Wowp S-EPIIrIVS C/%Y ! 5 Property # Name E t5-- Property Name Property # Name Property # Name Property # V �f Qkt) U2 _ 1(— I to 13. Additional comments, if any: TO:LA -DATA PROCESSING FRO PAM - Planning Dept. Plegs print �- sets of labels by �� ( ?Q"/ &r 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 Property Identification Number Address Name ci CtYC'r V74 4;�A- 5z� Property# �11�zzA YTY Name (51 V 4 14U� i .5- C Property#LLa %1 N0131111 Propel # Name t p c� 5 Property # N 6' Y,4 Z4�� Property # Property # C— Name Property # Name Property # k w V s 0 /*,�et LA ; ., ZZ -\x k 51 -k-v C- � i DEPT. OF GEOGRAPffiC INFORMATION SYSTEMS FREDERICK COUNTY, VIRGINIA m0.r ir-1 w •" GIS,,MAPPING, GRAPHICS WORK REQUEST DATE RECEIVED:al 14 REQUESTED COMPLETION DATE: REQUESTING AGENT: Department, Agency, or Company:_ Mailing and/or Billing Address: Telephci= FAX: E-mail Address: ESTIMATED COST OF PROJECT; DESCRIPTION OF REQUEST: (Write additional information on back of request) `T ca Y- Lt 5 N-Q v,(4 n <6- "4 A=3 5 co -role (\N-0j 0 n DIGITAL: PAPER: FAX: E-MAIL: SIZES: COLOR BLACK/WHITE: NUMBER OF COPIES: STAFF MEMBER COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: HOURS REQUIRED: AMOUNT DUE: AMOUNT PAID: AMOUNT BILLED: METHOD OF PAYMENT: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) V • COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING November 1, 2016 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #16-16 OF CHARLES E. NEWTON III AND CAROLYN G. NEWTON On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, November 15, 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 #16-16 Charles E. Newton III and Carolyn G. Newton, for a foot left side yard variance to a required foot left side yard setback will result in a foot left side yard setback and a foot right side yard variance to a required foot right side yard setback will result in a foot right side yard setback. This property is located at Virginia Drive Lot 35 Block A, Stephens City, Virginia and is identified with Property Identification Number 8613-4-A-35 in the Opequon 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 q)bj�, � 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING November 1, 2016 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #16-16 OF CHARLES E. NEWTON III AND CAROLYN G. NEWTON On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, November 15, 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: 2 5— Variance Request #16-16 Charles E. Newton III and Carolyn G. Newton, for atot left side yard variance to a required 3 foot left side yard setback will result in a/7 s'foot left side yard setback and a3,&fo-ot right side yard variance to a required-f foot right side yard setback will result in a sfoot right side yard setback. This property is located �_ Virginia Drive Lot 35 B1ocM, Stephens City, Virginia and is identified with Property Identification Number 8613-4-A-35 in the Opequon 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 VOL-C 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: M Name and Property Identification Number Address Name 't:7 AUK i c�- ��-� / v� C 4;V"'5"V Property # O lCj� A Name 61 14' �M 16 V 4 AW- t �' S T Property # ame �L s E Properly Name Property # J`T%9�V 5 CL' Y� Property # 0 Name rPropei;O Name Property # Name Property #