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Home My WebLink About04-17 John Powell - 42-20-6 - Gainesboro - BackfileBOARD OF ZONING APPEALS Variance bequest Tracking Sheet OPEN FILE: ICE 1: t'1 File opened - Reference Manual updated/number assigned !O IQ- \9 D-base updated to Location maps requested from Mapping t� (Z l Adjoiner list given to Planner fo Application Action Summary updated MEETING DATE: FINAL ACTION: CLOSE FFILE: l`� Approval (or denial) letter mailed to applicant/copy made for file & cc's File stamped "approved", "denied" or "withdrawn" Reference Manual updated D-base updated Application Action Summary updated Sys ID # 0 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 November 27, 2017 Mr. John Powell 16S Upper Ridge Road Winchester, VA 22603 RE: VARIANCE REQUEST #04-17 Dear Mr. Powell: This letter is to confirm that the above -referenced variance application was approved by the Board of Zoning Appeals at their meeting on November 21, 2017. The request on parcel identified by Property Identification Number 42-20-6 was approved by the BZA to allow a 35-foot front yard variance to the required 45-foot front yard setback resulting in a 10-foot front setback. The property is located at 165 Upper Ridge Road, Winchester, Virginia 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: J. Douglas McCarthy, Gainesboro District Supervisor Kevin Kenney and Charles Triplett, Gainesboro Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue Mark Fleet, Building Official 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000 0 0 October 11, 2017 Frederick County Virginia Board of Supervisors Dear. Board Members, Mr. John Powell is proposing a garage on his property and would like to place it on the rear left corner of his property. We enthusiastically support this request. It will be a fine improvement to his property and will not even be visible to us from our property. We encourage your approval of his request. Respectfully, M Ed Becker 1095 Apple Pie Ridge Road Winchester, VA 22603 Lot 5 Ridge View Subdivision 571.243.1636 0 • Ms. Lorain Carter 141 Upper ridge rd. Winchester VA, 22603 To the Members of the board, My neighbor John Powell would like to build a garage in the back corner of his property adjacent to me. This will have no impact on my property and would vote to allow it to built where he has proposed. Thank you, ,,-� Ron & Anne Shickle 160 Upper Ridge Rd Winchester, VA, 22603 Oct 10 2017 Dear Members of the Board, Mr. John Powell has applied for a variance to the sideline setback requirement for a proposed brick structure in the far left corner of his property. After reviewing this location, this would be the least invasive and best place to build the structure, it will not be seen from my resident nor will it be seen from any one from Apple pie Ridge area. This is a semi secluded spot with no impact to our neighborhood. Elsewhere it would be very visible to all and massively increase his cost to construct. We approve of this variance request. Sincerely, 0 r October 11, 2017 Dear Sirs: This letter is to support Mr. John Powell's request for a variance in constructing a new garage on his property at 165 Upper Ridge Road, Winchester VA. Mr. Powell has discussed his request with us to place the new building at the south-west corner of his lot, adjacent to our property line, and we agree that placing it here will not impact us and will actually be the least impactful site on his property. Sincerely, Paul Solosky 151 Upper Ridge Road Winchester, .VA 22603 VARIANCE APPLICATION #04-17 JOHN POWELL Staff Report for the Board of Zoning Appeals Prepared: November 10, 2017 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: November 21, 2017 Public Hearing; Action Pending LOCATION: The property is located at 165 Upper Ridge Road, Winchester, Virginia. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 42-20-6 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Residential VARIANCE REQUESTED: The Applicant is requesting a 35-foot front yard variance to a required 45-foot front yard setback which will result in a 10-foot front yard setback, to construct an accessory structure. REASON FOR VARIANCE: Due to the location of the drainfield and reserve area on the property which prevents, the building of an accessory structure in a location other than next to the private easement. The current setbacks for accessory structures off a private easement is 45 feet in the RA (Rural Areas) Zoning District. Variance #04-17 — John Powell Page 2 November 10, 2017 STAFF COMMENTS: This parcel was created in 1991 as part of a minor rural subdivision with setbacks for accessory structures of sixty (60) feet from right-of-way and fifteen (15) feet from property lines. The Frederick County Board of Supervisors amended the setbacks for accessory structures in the RA Zoning District on May 27, 2017, making the current setbacks for this property forty-five (45) feet off a private right-of-way. Should this variance be granted, the building setbacks for this this proposed accessory structure would be ten (10) feet from the private right-of-way and fifteen (15) feet sides and rear. The Applicant has submitted with this application letters of support from adjoining property for this variance. STAFF CONCLUSIONS FOR THE NOVEMBER 21, 2017 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 appears to be consistent with the character of the District; and meets the intent of The Code of Virginia 15.2309 (2) and the Code of Frederick County. This request from current setbacks for an accessory structure of the RA (Rural Areas) Zoning District may be justified. y �v P Applications Parcels Building Footprints B1 (Neighborhood Business District) B2 (General Business District) B3 (Industrial Transition District) EM (Extractive Manufacturing District) 440 HE (Higher Education District) 4' M1 (Light Industrial District) M2 (Industrial General District) MH1 (Mobile Home Community District) • MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) 40 R5 (Residential Recreational Community District) RA (Rural Areas District) RP (Residential Performance District) N Note: VAR # 04 - 17 Frederick County Dept of John Powell Planning & Development 107 N Kent St PIN: Suite 202 e 42 - 20 - 6 Winchester, VA 22601 Left Side Variance 540 - 665 - 5651 Zoning Map Map Created: October 18, 2017 Staff: mcheran 0 85 170 340 Feet I of FINAL PIA JOH I-INOR f6J At: SUBDIVISION of the land of D. K. Russell and Sans, Inc. GOLD HILL Gainesboro District. -Frederick County, Virginia July 9, 1990 - fiev. march 16, 1991 Tax Pjap No. 42000-00Pr0000-0000-000AO Tax Map No. 42000-008-0000-0000-OOA10 ti , VICINITY MAP fiI I� tiry 1" = 2000' `1 Zoning RA Zoning RA APPROVED SUBDIVISION ADMINISTRATOR _ DATE APPROVED HEALTH DEPARTMENT/�,(,a�iVw`^"•�"� /'-��` • �+x^�' • DATE 3 ^aiI"S 1 OYNERS CONSENT The division of land of Cold Hill as shows an the plat attached hereto is with the -roe consent and in ru:cor,.T-M :a =1th the 3esiree of th/e� :undersigned owner or ageat. SURVEYOF:1 CERTIFICATE I certify that the lead contained Athin the bounds of Gold Hill as shown on the plat attached hereto it all of the land conveyed to D. K. Russell and Sons. Inc. by the following 3+ A deeds: The It nd designated Tract "B" by deed dated July 23, C. A i 1954 in Deed Book 232 - Page 381 and the land designated CENSE}I Tract "A" by deed of correction dated April 8. 1955 in Deed 1271 Book 236 - Page 193(lees a portion of each parcel conveyed to the Commonwealth of Vir�nia in Deed Book 327 - Page 165)1 and ��No SURVf4�� by deed dated November 1974 in Deed Book 437 - Page 432. TNOMAS A. 5MCKtY BOX 34A MT. FAILS RT. MRJpfEST6t, VA 2460'. 0 6K75U".UeQ�1643 HEK) 1) Set Back Lines Front 60' from all road right of way lines Side 50' Hear 50' 2) The 30' strip of Lot 5 between Lot 3 and Lot 6 is for right of way only. No structures to be built on this strip. 7Zte front set back for Lot 5 is 60' from the division line with Lot 6. 3) Iron pins along 30' Prescriptive Bight of Nays eat 25.00' from Center Line as measured along lot lines. 4) o Iron pin(found) 5); / Proposed drainfield sites as found staked on ground. THOMAS A. SHOCKEY HC 34, Box 3587 Winchester, VA 22601 fREQER►� ��. SCT This instr tot writing VIM This instru� y, S to me on the � - d°y Ptild With certificate of acittwreto annexed Was ad, ,i w t^ record. j,""r�%� / �i Y" (;i�ER'S Z r BK��0; "U2t,n sheet 2' df 3 �g0 6�0 G, r �,P `,lURpll 9' RAIPGRILU BEY 340p9S.9% 462 p3, +j O• 45' E 5T• 21° M1�N 1 O -Q Al - R R � �T AC o LOT 3g 4 °o �'0 N J N m 0 W WW r N �'G Ul 433.99' OC Z" g 52' 00` 6 L0 c LOT ` Q In _ a yy r LOT ,A 1 n W ^ N �1 a 0 0 N NI 7 M (e 1 V i°N / z I �'-�• N 606 22' 30" W - 102.44'---►j o I / 6j� t , �O T ry 12O 3qr?3 �'iOo,y, v%33'4" E N 54° 13' 03" W - i � ♦ P ti ♦g�'♦ �: ry y D, 0` L I S 850 42' 54' W - 64.54'- /•♦P° �1 `Tv 5.04 AC/m N 37° 30' 25" W 793.57--4 w w O k ♦� Mh 0 v N 44° 21' 11" W - 81.72'--4 LOB' i / p/hry o ` 1 6. AC. � ♦h%��c� � No N 501 41' 01" W-'36.69'--�I �� A� / o S 40° 39' 24" W - 25.00'---1 ��AA' t- S 21° 09' 54" E - 200.21' 72° 22' 38" W ' r-S 12° 36' 15" E - 233.17'N 1 �« S 230 46' 28" E - 35.19' /r- S 070 09' 35" E - 44.67' S 470 00' 24" W - 52.06' --f See Sheet 3 for Notes GEMET P R� Rp`OE�`TERYI s Kf C M N O PO 0 o ° v N ° C � N f1 F7 (A el 6� w U) i u �M OC�' s NCE.NS 1271 (-41vO SUR,400q, GOLD HILL Cainesboro District Frederick County, Virginia Scale 1" = 200' July 9, 1990 Rev. March 16, 1991 • LJ 277 . LRIDG-EVIEW 5.151 165, • GO D HI .,"j 2 6�`f' 4 �1 141� LJ 3 275 C 270 Sod' s> Esri, USCS, NGA, NASA, CCIAR, N Robinson, N Rijks�y✓t�staat. GSA, Ge�and. FEMA, Intermap and the C 0) 0 Variance Application # N -1 1 Submittal Date 10 1 1 Fee Amount Paid qO d� Sign Deposit Paid APPLICATION FOR VARIANCE FREDERICK COUNTY, VIRGINIA -OFFICE USE ONLY - Submittal Deadline 102v 11 For the BZA Meeting of l a.1 I') Initials: K S Receipt # oZ 5 (off( '� U MUST BE TYPED OR FILLED OUT IN INK — PLEASE PRINT 1. The applicant is the owner 0 other F-1 . (Check one) Please list all owners, occupants (adult individuals as well as any entities occupying the property), or parties in interest of the property. 2. APPLICANT: %�� OCCUPANT: (if different) NAME: 7VA/ / -Pot✓c NAME: ADDRESS: �eS"c,(�De.G i�� G ADDRESS: .Qdf W �.✓c , 2 Z (xc3 TELEPHONE: Sao 017y- (R U y TELEPHONE: 3. The property is located at (give exact directions and include State Route Numbers): L o,,,j 2 "l 3 g ( -P� 1e P,f- R C)�� i2l 65 0 &P a 4. The property has a road frontage of Z5feet and a depth of 451, 4-5 feet and consists of _acres (please be exact). 5. The property is owned by :mhl/✓�l �s4� J' t�JC f� as evidenced by deed from P,k Qc[55e/%} SB J recorded (previous owner) in deed book no. 3-7 on page q 3 Z or instrument number :75 8 Pa 0 230 of the deed books of the Clerk 7 6. 7. 8. 9. of the Court for Frederick County. Please attach a copy of the recorded deed. V'l Magisterial District:6} jig/ f7� r Property Identification Number (P.I.N.): a. The existing zoning of the property is: The existing use of the property is: 10. Adjoining Property: rn1 USE North h S 1 d @.,_(4 A L- East South West ZONING tifN 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.") Irs imrl�qnre. t7 (�- 7i6 f avj 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 inunediately adjacent thereto Zei I Va(-;cx�n ply_ l� .S 6\', �\ 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 Shickle, Ron and Shickle, Anne 160 Upper Ridge Road Winchester, VA 22603 Property #42-20-2 Name Carter, Loraine 141 Upper Ridge Lane Winchester, VA 22603 Property #42-20-3 NameSolosky, Paul and Solosky, Joey 151 Upper Ridge Road Winchester, VA 22603 Property #42-20-5 Name Becker, Walter E. Jr. 1095 Apple Pie Ridge Winchester, VA 22603 Property #42-19-2-5 Name Hester, Brian and Hester, MaryKay 165 Babbs Run Lane Winchester, VA 22603 Property #42-19-2-6 Name Cemetery C/O Riley., James 1321 Vanceright Circle Winchester, VA 22601 Property #42-A-270 Name Property # Name Property # 6 AGREEMENT VARIANCE # () y - I " (Number to be assigned by the Planning Dept.) I (we), the undersigned, do hereby respectfully make application, and petition the Frederick County Board of Zoning Appeals (BZA) to grant a variance to the terms of the Frederick County Zoning Ordinance as described herein. I agree to comply with any conditions for the variance required by the BZA. I authorize the members of the BZA and Frederick County officials to go upon the property for site inspection purposes. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the BZA public hearing and maintained so as to be visible from the road or right-of-way until the hearing. I hereby certify that all of the statements and information contained herein are, to the best of my knowledge, true. SIGNATURE OF APPLICANT 10--p DATE / (' -'T- 1-7 ",J SIGNATURE OF OWNER (if other than applicant) -OFFICE USE ONLY- DATE BZA PUBLIC HEARING OF / d l L i ACTION: -DATE- APPROVAL DENIAL SIGNED: DATE: 11, 2/, 1 T Y_ i BZA CHAIRMAN i 13. Additional continents, 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 i�e pp I bo dlrG Qi�'L Property # '��.� Name �ja j (i 141 Q —a-� Property # Name Aq L Joy �5�1f) S j % aAQ'� G�1r`,' y-' �% ��CB-Q=3 � Property # r Name '� .,f z' l o 2 �)— Property# 40 V\I Name Property # Name Property # Name Property # Name Property # 9 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. 10 u 'v I BMB : fmcl� 6850 03-28-91 vl OK753r,,0230 THIS DE® OF DEDICATIMI made and dated this 14th day of March, 1991, by and between D. K. RUSSELL AND SONS, INC., a Virginia Corporation, party of the first part, hereinafter called Grantor, and COUNTY OF FREDERICK, VIRGINIA, party of the second part, hereinafter called Grantee. WHEREAS, the Grantor is the owner of all of that certain tract or parcel of land, lying and being situate in Gainesboro Magisterial District, Frederick County, Virginia, containing 34.477 Acres, and being the same property conveyed to the Grantor herein by the following deeds: the land designated Tract "B" by deed dated July 23, 1954, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 232 at Page 381, and the land designated 1Yact "A" by deed of correction dated April 8, 1955 of record in the aforesaid Clerk's Office in Deed Book 236 at Page 193, less a portion of each parcel conveyed to the Comuonwealth of Virginia by deed of record in the aforesaid Clerk's Office in Deed L-.�ck 327 at Page 165; and by deed Or'a November 6, 1974, of record in the aforesaid Clerk's Office in Deed Book 437 at Page 432; and :mre particularly shown by survey drawn by Thomas. Rev. March 16, 1991 A. Shockey, L. S., dated JulY 9, 1990,/attached hereto and by this reference made a part hereof as if set out in full; and, WqE[=S, it is the desire of the Grantor to subdivide the same into lots to be known as Gold Hills arid, WiIlEReAs, the Grantee has approved the subject suLdivisien as evidenced by its agents' signatures on the aforesaid attached survey. ;i NDW, THEFWM, THIS DFDD OF DEDICATION WI4NESSETH: That for and in considers -.ion of the premises and benefits which will accrue by reason of this dedication, the Grantor does hereby subdivide, grant, and dedicate, in fee sivple, all of that portion of land designated as Gold Hill, located in Gainesboro Magisterial District, Frederick County, Virginia, and more particularly described by the aforesaid attached L.'at and by this reference incorporated as a part of this deed as is set apart for streets, alleys, or other public use, and to create a public right of possession of the same, and !'king the same land conveyed to the Grantor herein by the following deeds: the land designated Tract "B" by deed dated July 23, 1954, of record in the Office of. the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 236 at Page 381, and the land designated Tract "A" by deed of correction dated April 8, 1955 of record in the aforesaid Clerk's Office in Deed Book 236 at Page 193, less a portion of each parcel conveyed to the Caumnwealth of Virginia by deed of record in the aforesaid Clerk's Office in Deed Hook 32, at Page 165; and by deed dated Nov drabar 6, 1974, of record in the aforesaid Clerk's Office in 'Deed Book 437 at Page 432. All of the lots, as shown or. tkw_ aforesaid attached plat, shall be subject to the following covenants, conditions, reservations, and restrictions, ead'1 and every one of which is and all are for the benefit of each owner of land in Gold Hill and shall pass with each e-- •very conveyance of land hereby dedicated and small biro] the respective v—=ess^+'s in interest of the Grantor herein and may be enforced by any owner of land in Gold Ail.!. Each and every one of these covenants, conditions, reservations or restricti.ms is, atte. all are, for the benefit of each owner of land in said subdivision, or any interest therein, and shall inure to and pass with each and every conveyance of lots in said subdivision, and shall bind the respective successors in interest of the present owner thereof. These covenants, conditions, reservations and restrictions are intended to be and are hereby constituted covenants real running with the land and each conveyance shall contain these restrictions, or incorporate them by reference, to -wit: 1. LAND USE: Each of said lots stall be used only for single family residential. purposes. No here occupation of any type ►1 6�753r:0232 shall be allowed on any lot. 2. B=ING TYPES: No building or structure of any kind whatsoever shall be erected, altered, placed, or permitted to remain on any lot, other than a permanent single family duelling. No such dwelling shall exceed two stories above foundation Jim height. htNo other building or improvements erected, altered, or placed or permitted to �o,Qi,;, , any lot other than a carport or garage, patio walls, swinming pool, wooden fences, as hereinafter described, and other outbuildings for use and enjoyment of the lot for residential purposes. Any gazes, garden shed, other outbuildings, mailbox newspaper box or receptacle of any type, shall not be placed or, a lot unless approved by the Architectural Committee hereinafter referred to. Any garage or carport as hereinbefore provided shall be hcangeneous in design to the dwelling. No mobile homes are permitted on any of said lots. No recreational type camper or trailar shall be parked on any of said lots until such time as a home is built on such lot and thereafter, such recrea- tional camper trailer or recreational vehicle must be stored within a gargage area so that the same may not to seen from any roadway. 3. WIMING LOCATION: All buildings of any type, including porches, verandas and garages, or any portion thereof, shall be located in compliance with the then require- ments of the Frederick County, Virginia Ordinances. If two or more adjoinins lots are aoquired by the same CW-Ler, a hone may be built on more than one lot and in such case, the restriction pertaining to mini- mum side lot lines, shall nat apply to the common boundary line of the two lots which have been joined. The Grantor is to approve the location of the hues..- on any of said .lots. IIo trees (unless dead) 10" or more in diameter are to be cut or removed from amy lot unless in direct conflict of a building or improvement location. 4. TOTAL FINISi^ SPACE: No dwelling is to be erected or m -ntained on any of said lots to contain less than 3,000 Square Feet of living space (outside foundation dimensions), exclusive of open porches, carports, garages, and basements. S. B IIDING MTRlOR CANS`i'kI.iCI10N: No dwelling, garage or other building shall be erected,or 9 • ea75;1--; 233 placed on any lot which has an exterior cc+n- struction other than brick, wool, stone, stucco, dzyvit, or pambinati unless: otherwise approved by the Architectural Camuttee. Any exterior solar design or antennae, satellite dish, towers, tr--dtters for radio, television, microwave, or the like, must be screened and approved by the Architectural Comdttee. In this respect, the Architectural Cm uttee may engage such professional services for review of plans and each lot owner suhnitting said plans shall pay the reasonable charges made for review by the professional services. 6. TEN PPM SI'RWIURFS: No structures of a temporary nature, including but not limited to, trailers, mobile homes, campers, basement, tents, shacks, garages, barns, or other out- buildings, shall be used on any lot at any time as a residence, either temporary or permanent. FENCES: Fences located in the front or on the side of the house must be constructed of wooden board or rail, or other material approved by the Architectural Ccumittee, and any such fence shall not exceed forty-eight inches in height. Fencing in the rear of the house may not exceed seventy-two inches in height and the material and design shall be subject to the approval of the Architectural c'amrittee, but in no event shall chain link fences be used. All fences constructed shall be kept and maintained in good repair, includ- ing painting and staining, if the same is required. S. qMEW LIM: Clothes lines or drying yards shall be so located as not to be visible from the street serving the premises. 9. SIGNS: No sign of any kind shall be displayed to the pablic on,any lot, except signs not larger than 5 square feet advertising the ply for sale, provided, however, 'that the Grant,• may erect two signs of any size in order. a. 3isplay the property for sale, provided that such signs do not remain in place longer than six (6) continuous months from the time of their placement. Signs indicating the name of the residence not larger than 5 square feet may be permitted with the approval of the Architectural Committee. 10. GARBAGE AND REFUSE DISPOSAL: No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste, shall not be kept except in sanitary containers with tops, said containers to have a capacity of 9 • BK758rc0234 not more than fifty gallons. 11. ANDws: No animal, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except that dogs, cats, or other household pets may be kept for personal pets. All dogs and cats shall be restricted to the lot(s) of their owner and shall not be allowed to roam the subdivision of Gold Hill. Notwithstanding anything herein to the contrary, one caw or one horse may be allowed, provided that the same are not kept for any commercial purpose. 12. L= SUPPLY: No individual water supply system shall be permitted on any lot unless located, constructed, and equipped in accord- ance with the requirements, stars, and regulations of the Frederick County Health Department and State and local ordinances, arO unless approval for said system is obtained from: the Frederick County Health Department. 13. SEW GE DISPOSAL: No individual sewage - disposal system shall be permitted on any lot unless such system is designed, located, a --A constructed in accordance with the requirenents, standards, and regulations of the Frederick County Health Department and State and local ordinances, and unless approval for said system is obtained from the Frederick county Health Department. 14. OFF=SI:REEP PAiitCING: After a residence is built on any of said lots, the lot Winer shall provide in connection therewith off- street parking space of at least 12' by 50'. 15. TRUCKS: No lot shall be used for the park- ing of trucks of a load capacity of more than one ton, or tractor/trailers, and no such trrks or tractor/trailers shall be parked on any street in this subdivision. No lot shall be used for manufacturing purposes or for the sale, parking, or storage of new or second-hand automobiles or other motion vehicles. No abandoned motor vehicles hill be permitted on any lots or parking area. (For this purpose, an abandoned motor vehicle is defined as one which bears no or expired license plates and has not been operated within six months on a public street or highway). 16. jaZL DMSION AND EASEmFzns. No lot shall at any time be subdivided, conveyed or sold except as a whole unless the sale or conveyance results in a lot larger than the lot size as shown on the said plat. No easement or right of u • BK75Sr;'3235 way shall be granted over an lot (except for purposes of public utilities - water, sewer, electric, gas, telephone, cable television, etc.). If two or more adjoining lots are acquired by the same owner, none of said lots shall be con- veyed by said owner unless the lot being sold and each lot being retained by that owner are in ccaplia tre with all of these covenants and restrictions. 17. NUISANCES: No noxious or offensive activity shall be carried on on any lot, nor shall anything be done thereon which may he cr may became an annoyance or nuisance to the neighborhood. Each lot snail be kept mown and free from weeds and debris at all times, and shall be kept cleared in accordance with State laws and local ordinances. No unlicensed motorcycles, trail bikes, snow mobiles, or the Like, shall be operated on the roadways or camnn passageways, as indicated on the plat of Gold Hill. le. HOUSE i'%=S: The Grantor reserves the right for itself, its successors and assigns, or an Architectural Ccmrit:r being itself or appointed by it, its successors or assigns, to reject any and all plans fcr houses or other structures proposed to be constructed on any lot. The Grantor retains the vejority vote on the Architectural Camittee. 19. WAIVER: The Grantor shall reserve the right to waive any and all of the covenants and restrictions- contained herein except restric- tion No. 1 as pertains to LAND USE, and restriction No. 4 as pertains to TOTAL FINISHED SPACE of dwellings. This right of waivex shall not affect the building effect of the covenants are _r,.oi+i ons n ,n any lot. 20. EFSERVATION5: The Grantor reserves unto itself, its successors and assigns, the right to erect, maintain, operate and replace underground and above grcand telephone and electric light conduits, related *equipment, and other facility, sewer, gas, water, and television lines and related equipment, and other utility equip not where such utility lines and equipment are now located and along the strip 10 ft. along the front and rear of each lot and a 10 ft. strip centered on the side line of each adjoining lot, and a 10 ft. strip along the boundary of all nonadjoini.ng lots. The Grantor further reserves the right alone to impose additional restrictive covenants ant restrictions as to the sale and transfer of any lot or lots owned by it and such imposition shall not affect the binding effect of these ex753r::J236 provisions upon arry other lot. Invalidation of any one of the covenants or restrictions contained herein by, judgment or court order shall in no wise affect any of the other pro- visions, which shall re —in in full force and effect. The failure of the lot owners or the Grantor/Developer to enforce any covenant or restriction shall not be deemed to be a waiver of the right to do so thereafter as to a default occurring prior or subsequent thereto. Any or all of the rights, powers, duties and obligations which, i^. thi �s ;nstnment, are assun,ed by, reserved, or given to the Grantor, its successors or assigns, for the said Architectural Camittee, may be assigned or transferred to any one or more corporations or associations which will agree to assume said rights, powers, duties, and obligations and carry out and perform the same. Any such assignment or transfer shall be made by appropriate instrument in writing in whi.ch the assignee or transferee shall join for the purpose of evidencing its accepta.rc-e of such rights, powers, duties, and obligations, which instinmient shall be recorded; and such assignee or transferee shall thereupon have the same rights and pavers and be subject to the saute obligati., s and duties as are herein given to and assumed by the Grantor, its successors or assigns, or the said Architectural Committee. In the event of such assign ent or transfer, the Grantor, its successors or assigns, or said Architectural Committee, shall thereupon be released £ran all of the rights, pavers, duties, and obligations in this instrument reserved or given to arri assumed by the Grantor, its successors or assigns, or the said Architectural Cmvdttee- The right of assigm ent hereby reserved to the Grantor, its successors or assigns, and the said. Architeci.-ural Ccnmittee, is so reserved to the end that the rights, powers, duties, MI obligations reserved and given to then nay be assigned to an association or corpo- ration farmed by the owners of lots in said subdivision for the purpose of accepting said assigmmnt; and such assignment may be .Wade at such time as the Grantor, its successors or assigns, and the said Archi- tectural Ccrvittee shall jointly determine. 21. Ai+CKTBcTupAL C1onaTrM: The Grantor shall constitute the Architectural C-udttee and shall have the power to appoint its succes- sor in interest, and such Architectural Committee shall have no liability whatsoever, either direct or indirect, on the approval or disapproval of matters as set forth h3re- • CJ OK758,GO237 inabove, but such power in the Architectural Cawdttee shall be solely discretionary. The size of the Architectural Committee shall be determined by the Grantor, or its duly nomi- nated successors in interest. If the said Architectural Carmittee, or its duly authorized representative, shall fail to approve or disapprove any proposed plans, specifications, or locations within thirty days after the same shall have been submitted to the Grantor for approval, such plans, specifications, and locations shall be deemed to have received the approval of said Cmmdttee, or its duly authorized representative. In the event that the Grantor fails to appoint an Architectural Catmittee, or if such Archi- tectural Cannittee has been formed but is later disbanded, then approval for plans may be obtained by the lot owner submitting plans drawn and signed by a licensed architect in the State of Virginia, and in addition, if the plans are for an allowed outbuilding, then such architect snail further certify that the design is haoo- geneois with the existing structuur+e on said lot. 22. TER4: 'These restrictions are covenants real. which shall run with the land and shall be bind- ing upon all future lot owners, and those claim- ing under them, for a period of seven (7) years from date of recordation of the Deed of Dedica- tion. Thereafter; these restrictions shall be autamtically extended for successive periods of seven (7) years, unless an instruacTt signed by a majority of the then owners of the loin agreeing to amend the restrictions in whole or in part is recorded in the lard records of Frederick (bunty, Virginia prior to carmertc*- ment of one of the Laid seven (7) year t=ts. 23. M-. The Grantor and any and every person hereafter having any right, title, or interest in any lot shall have the right to prevent or stop violation or attested viola-tion of any of these restrictions, iy injunc- tion or other lawful procedure, and to recover any damages resulting from such violation, subject to the reservations of the Grantor set forth in paragraphs 21 and 22 above. 24. SE'VERABnZTY: Invalidation of any one of these covenants by judo-ii-mt or court order or in any other manner, shall in no way affect any of the other provisions, which shall remain in full force and effect. • 0 8K75c1' 0238 The above and foregoing subdivision of Gold hill, more particularly described by the aforesaid attached plat of Thanas A. Shockey, L.S., dated July 9, 1990, is with the free consent and in accordance with the desire of the undersigned owner. WITNESS the foilowing signature and seal: D. K. RUSSFU AND SOBS, INC- / iS AL) B�nur: H. mjSSPT3 Prey dent STATE OF vnw;r IA, I, CIQMCLLd� a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that QipMM B. gUSSELL, Who is President of D. R. RUSSF.LL AND SUDiS, 1M . , VInDse nape is signed to the foregoing Deed of Dedication, dated March 14, 1991, has personally appeared before me and acknowledgW the same in my State and jurisdiction aforesaid. Given under my hand this 4L day of 1991. My Ccnrttission ea:pires 2 riomr„W PUBLIC � 9 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING November 7, 2017 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #04-17 OF JOHN POWELL On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, November 21, 2017, 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 #04-17 of John Powell, submitted for a 35 foot front yard variance to a required 45 foot front yard setback will result in a 10 foot front yard. This property is located at Route 522 North turn left onto Route 739 (Apple Pie Ridge Road) proceed to Route 650 (Upper Ridge Road), property on right side and is identified with Property Identification Number 42-20-6 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, rk Cheran Zoning Administrator MRC/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 i -/ This is to certify that the attached correspondence was mailed to the following on 111 L vertu r —14 06 11 from the Department of Planning and Development, Frederick County, Virginia: 42 -20• - 6- POWELL JOHN D POWELL LESLIE A 165 UPPER RIDGE RD WINCHESTER VA 22603.3164 42 •20• - 2 SHICKLE RONALD V SHICKLE ANNE S 160 UPPER RIDGE RD WINCHESTER VA 22603.3149 -- - 42 -20• 5- - SOLOSKY PAUL F SOLOSKY JOEY P 151 UPPER RIDGE RD WINCHESTER VA 22603.3164 i. - -- ---42 •19. 2. 5 - - BECKER WALTER E JR ETALS 1095 APPLE PIE RIDGE RD WINCHESTER VA 22603.3309 42 •19.2- 6• HESTER BRIAN J HESTER MARYKAY 165 BABBS RUN LN WINCHESTER VA 42 • A' 270- -- - CEMETERY CID JAMES RILEY 1321 VANCERIGHT CIR WINCHESTER VA I 22603.3100 22601.3219 I /L Mark R. Cheran, Zoning & Subdivision Administrator Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FRED`ERICK I, �doe�reby��% % )a Notary Public in and for the State and County aforesaid,that Mark R. Cheran, Zoning & Subdivision Administrator for the Department of Planning and Development, whose name is signed to the foregoing, dated I I OV. '7 , 1 -1 _, has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day ofdbve Mb-- r. a () I �. My commission expires C) NOTARY PUBLIC. KATHRYN G. SMITH NOTARY PUBLIC REGISTRATION # 7660663 .. ` COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES SEPTEMBER 30, 2019 6 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 November 7, 2017 � ' , I I I I WIN 111 W.13 IN I � I TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #04-17 OF JOHN POWELL On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, November 21, 2017, 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: ��n+ Variance Request #04-1�. of �J.�o.hn Powell, submitted for a 35 f o ypar variance to a required footyard setback will result in a 2 S foot-leit-e�fie yard. This property is located at Route 522 North turn left onto Route 739 (Apple Pie Ridge Road) proceed to Route 650 (Upper Ridge Road), property on right side and is identified with - - . Property Identification Number 42-20-6 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.feva.us. Sincerely, Mark Cheran Zoning Administrator .... ......... . MRC/pd 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000 FREDERICK COUNTY DEPARTMENT OF PLANNING AND DEVELOPMENT MAP REQUEST DATE RECEIVED: 10/12/17 REQUESTED COMPLETION DATE: 11/03/17 REQUESTING AGENT: Pam STAFF MEMBER: Mark TYPE OF MAP: Comp Plan Transportation Locator ✓ TDR Ag & Forest District CIP Other PIN: 42-20-6 DESCRIPTION OF REQUEST: Variance #04-17 John Powell Left side variance Vc,c;,nLe. -�_,Qq`I`,I TO:LANCE-DATA PROCESSING FROM: PAM - Planning Dept. Please print sets of labels by pV 1 THANKSI 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: y � -aU -a y2-20-5 Name and Property Identification Number Address Name / powe a-P-C— P ' �_. 0 Property # Name IIVrA; • -- 14. k �'Le Qt_' R."'A k- ev Property # Name 89aL +5v 5alv -sky P ,51 L'('Op t.r` 4 GZ�IP— 411 Property # Name E 9 u �'. {,t :e%` 0- 'C c>7 Property # �_o J-,T- /:2 C4 e dI f Name Property# Name Property # Name n Property # �/ 2 - - p( `7o Name Property # .0