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Home My WebLink About03-97 Carroll Construction Company - Stonewall - Backfiles Variance Request Tracking Sheet: Board of Zoning Appeals Date: �, o14-97 File opened _V_ Reference Manual updated/number assigned ✓ D-base updated U 12 color location maps requested from GIS P- - -7 Two sets of labels requested from Data Processing ;`)S �7 File given to Renee' to update bi-monthly report de�k MEETING DATE: 3-1 !?- q % CLOSE OUT FILE: FINAL ACTION: 3- I R- 97 Approval (or denial) letter mailed to applicant/copy made for file File stamped "approved"/"denied" or "withdrawn" L Reference Manual updated Q-1& &))-G j D-base updated File given to Renee' for final update to bi-monthly report K.\1A?\C%fN\C1G CR\TR.ACKING BZA SH •RECEIPT Date {�!' j. 19 " 0025625 Received From Address _ For Dollars $ �{ ACCOUNT• V fl AMT. OF ACCOUNT CASH AMT PAID CHECK �� t By BALANCE DUE MONEY ORDER e � s COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 Finance Department FROM: Karen A. Cain, Receptionist/Clerk Typist II SUBJECT: Return Of Sign Deposit DATE; October 3, 1997 The amount of $25.00 was deposited in line item #10-1911-08 for the business named below as a deposit for a sign for Variance Application #003-97. They have now returned the sign and are therefore entitled to the return of thdir_deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $25.00 to: RSA/kac Carroll Construction Company 305 Ebert Road Winchester, VA 22603 107 North Kent Street • Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 M. I Finance Department FROM: Karen A. Cain, Receptionist/Clerk Typist II SUBJECT: Return Of Sign Deposit DATE: October 1, 1997 The amount of $25,00 was deposited in line item #10-1911-08 for the business named below as a deposit for a sign for Variance Application #003-97. They have now returned the sign and are therefore entitled to the return of their deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $25.00 to: Carroll Construction Company 305 Ebert Road Winchester, VA 22603 RSA/kac K - 107 North Kent Street • Winchester, Virginia 22601-5000 r � FILE COPY I I COUNTY of FREDERICK I March 19, 1997 Carroll Construction Co. Attn: Tucker Conaboy 305 Ebert Road Winchester, VA 22603 Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 RE: VARIANCE APPLICATION #003-97: CARROLL CONSTRUCTION; PIN 42-A-350 Dear Mr. Conaboy: This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their meeting of March 18, 1997. The Board of Zoning Appeals approved your variance request as amended for a 21.1- foot side yard (north) setback variance, and a 22.4-foot side yard (south) setback variance for additions to an existing structure. If you have any questions regarding the approval of this application, please feel free to call this office. Sincerely, Michael T. Ruddy Planner I MTR/cc cc: Cara Ann Lewin 107 North Kent Street • Winchester, Virginia 22601-5000 • • BZA REVIEW DATE: 3/18/97 VARIANCE #003-97 CARROLL CONSTRUCTION LOCATION: The property is located at 1252 Apple Pie Ridge, and is owned by Cara Ann Lewin. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 42-A-350 PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Residential ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Residential and Agricultural VARIANCE: A 23.1' side yard (north) variance and a 23.4' side yard (south) variance for additions to the existing structure. REASON FOR VARIANCE: The applicant states that "the extreme narrowness of the property in relation to this zoning district prevents any addition to the sides of the existing structure. The location of the septic tank and drainfield prevents any addition to the rear. The structure was built prior to the current standards which render the property unbuildable. The property to the south maintains the proper setback and the property to the north is undeveloped and would be required to meet the current standards. The southern addition is in line, with an existing covered basement entrance and, therefore, would not extend into the side yard any further than presently exists. The situation is common to structures built prior to the ordinance and would be in character with other areas of the Apple Pie Ridge." STAFF COMMENTS: Within the RA (Rural Areas) zoning district, the minimum side yard setback for a principal structure, when adjoining Rural Area land used for residential purposes, is 50'. The existing residence is situated only 30' from the adjoining southern property line and is legally nonconforming. The northern portion of the building is in conformance with current side yard requirements. The applicant is proposing to build a 30' x 28' addition to the north side of the principle structure. This would • 0 Carroll Construction Co. Variance #003-97 Page 2 March 10, 1997 require a 23.F side yard variance and would place the principle structure 26.9' from the adjoining property line. In addition, the applicant is proposing to place a 6' x I P addition to the southern corner of the principle structure. This would require a 23 A' side yard variance and would place the principle structure 26.6' from the adjoining property line. In this case, strict application of the zoning ordinance does not prohibit the use of the property for residential purposes. The Code of Virginia, Section 15.1-495(2)(a) states that no variance shall be authorized by the board unless it finds that strict application of the ordinance would produce an undue hardship approaching confiscation. Staff believes that granting this variance would be inappropriate as a demonstrable hardship approaching confiscation does not exist. STAFF RECOMMENDATION: Denial. File: K:\WP\CMN\COMMBNTS\CARROLL.BZA N 358 Q W E s 358B 353 ass z; 16 O 356 10 11 12 13 14 15 P 352 c p�. way r 2 3 8 p 7 6 5 4 348 1 1 9 F 1 2 8 265 Gabbs 2 3 ^ Lone 3 4 267 10 262 5 c 11 See 272 N 12 6 2�° 5Ao M3 5 oa a' 14 - 0 4 h� 3 �15 C See 272 4 t� 2 16 n s Hill Road 274 J Q0 ��• 2 Rt. 673 1 17 26jB ` n JQ MA c _ 260 c� 276A 275 0 1^� ebn Ra 1 2 Boa �` 261 as 277 259 276 262 � 262C T\ 262E 18 i9 0 19 16 17 19 o�Opi\Je , 9 1 2 21 15 17 1\ 18 (59 VARIANCE #003-97 PIN: 42-A-350 Carroll Construction Co. C/q220(�, Co N 5--2v-c--, o�-j page 1 of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner other XX . (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: Carroll Construction Co. NAME. Cara Ann Lewin ADDRESS305 Ebert Road ADDRESS: 1252 Apple Pie Ridge Road Winchester, VA 22603 Winchester, VA 22603 TELEPHONE: ( 540 ) 667-1596 TELEPHONE • ( 540 ) 722-4194 3. The property is located at (give exact directions and include State Route numbers): on the eastern side of the Apple Pie Ridge Road (737) 5 miles north of its intersection with Rt. 522. AN FEB1997 D PTV of pLANNiNG 4. The property has a road frontage of 118.80' fee o"DAB of 200.61 ' feet and consists of acres. c lease exact) 8L 9 g4qt.- 5. The property is owned by Cara Ann Lewin as evidenced by deed from Paul D.& Charlotte S. Schnei errecorded (previous owner) in deed book no. 818 on page 0420 of the deed books of the Clerk of the Court for Frederick County. Attach a copy of the deed. e • page 2 of 5 6. Magisterial District: Stoll 7. 14-Digit Property Identification No.: 4-7-- A 8. The existing zoning of the property is: RA 9. The existing use of the property is: Residential 10. Adjoining Property: USE ZONING North Residential 9A East Agriculture RA South Residential R N West Residential R a 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.") A 23.1' side yard (north) and a 3.4' side yard(south)varrriance for additions to the existing structure. 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 The extreme narrowness of the property in relation to this zoning district prevents any actaltion to ttle stdes of the extsttnq stracture. The +e)efttion of the septic tank and drainfield prevents any addition to the rear. The structure was perty unbuildable. 13. Additional comments, if any *See attached Page 3 of 5 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: (Please list complete 14- digit property identification number) NAME Address ,` V� 3 1 nu G v Roa,Prpe y ID Winc ste 20=rX 4 Adess Charlotte B & Paul Schneidei 3428 Marcella Dr., Cincinnati Ohio 45248 Property ID# 4-7.- A - 3 S j Address John Scully IV P.O. Box 236g, Winchester, VA 22604 C/o Fruit Hill Orchards Property ID; Address Erik Erdal & Jeane M. Faith 1208 Apple Pie Ridge Rd, Winchester, VA 22603 Property ID# Address John K & Shirley W. Butler 411 W. Monmouth St., Winchester, VA 22601 Property ID# 4Z-2i- I Address Same as above Property ID# 4Z-ZI-Z Address Vivian B. Unger 1245 Apple Pie Ridge Rd, Winchester, VA 22603 c/o Wade Dusing Property ID# 3�s 4 Z - A I Aaaress ?'06Czr ` Mpy Hess i z3e AvLE PEE R,nc t�D, �,N� �2 2Z4.o3 Property ID# Address Property ID Address Property ID Address Property ID Page 5 of 5 AGREEMENT VARIANCE # 003-97 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 e best of my knowledge, true. SIGNATURE OF APPLIC ATE �8 97 SIGNATURE OF OWNER �/Cl� .tt JG�� DATE (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF APPROVAL DENIAL 3-18-97 - DATE - SIGNED: DATE: ACTION: �O E ONE STORY FRAME DWELLING l H �F "' x D❑UGLAS C. LEGGE z ❑ CERTIFICATE NO. U 1197 a I PROPOSED ADD/ T/ON 6.0'X11.0' O\ PROPOSED ADDI PON 28. O'X30. 0' TM 42-A-350 ♦ \ ♦ ♦ Sol ,7jo J, PLAT SHOWING PROPOSED ADD177ONS TO THE PREMISES LOCATED AT 1252 APPLE PIE RIDGE ROAD STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: 20 FEBRUARY 1997 1 SCALE: 1"=30' 1 PLAT: 1252APRR.DWG MAMH & IL]EGG E _ Land Surveyors, P.L.G Ise North Cameron Street wlnche aw, Vftjm 22WI (640) 667-0466 Fox (640) 667-0469 13.) The property to the south maintains the proper set back and the property to the north is undeveloped and would be required to meet the current standards. The southern addition is in line with a existing covered basement entrance and therefore, would not extend into the side yard any further than presently exists. The situation is common to structures built prior to the ordiance and would be in character with other areas of the Apple Pie Ridge. F= E::B -1 r 9 7 F R I 1 4 P . 02 MLR/d IP 4/1.2/94 #1.1.67 W ,abo r� a4 iu �a H k PG042:0 TRXG OE4D, mace and dated this 12th day of. Apx7il, 1094, by Arid betweOni PAUL -D. g0HNRKM and CHARLOTTE S. parties of -the first part, hereinafter called the Grantors; and CARA ANN �I, �, party of the second wart, hereinafter called the Grantee. WITNSOMUs That for and in consideration of the sum of Ton Dol,lar� ($10.00), cash in hand paid and other good and valuable 00hsideration, receipt, of which is hereby acknowledged, the Grantors do grant and convey, with general warranty of title, unto the Grantee, in fee sirnpl.e absolute, ' all that certain lot or parcel Of • land together with all improvements thereon, and all rights, rights of way, a►.nd appdrtenances tbereuntu bel ong,#gIr, lying and being situate approximately five (5) miles North of -the city of Winchester.. Virgini.d, fronting on the Vastern: side of Virginia State Highway Number 739 - (Apple• pie midge Road), 'in Stonewall Magisterial District, Frederick County, Virginia, containing, by estimate, 0.546 acres, more or lets, (mHI•. . N _ .:.MNMNpE RQSS-..._AND NOT $Y__THF� AC�F�. �,► and being the aggregate of those two certain lets or parcels of land being more. p4rticularly described as follows: 'Parcel. I All: that certain lot or parcel of land containing 0,445 acres, more or leas, . and •lading more particularly . described by that Certain plat of survey drawn by Lee A. Ebert, C.L.S., dated June 21., 1963, of record,in the office of the Clerk of the Circuit Court of Frederick County, 'Virginia,, in Deed Book 291 at Rage 324, parcel 2: All that certain twenty -foot (201) wide strip. of land lying adjacent to and on the South side of the said Parcel 1 des-cribed hereinabove, containing 3,965.06 square. feet., and being m6re particularly described on that certain plat drawn by Thomas A. ShockeY, L. S . , dated December 17, 19 S 6 , of record in the a.forosaid Clerk's office in Deed Book 636 at .Page 26.' The foregoing lots or parcels of Land having been merged into one un4ivided parcel of Land by the terms.. of that certain. FEI�11 s-g r FRI 14 � • .r P _ 0 :3 G deed w'he,reby title to s4id P raperty was acgUired by the Grantors herein, which deed. dated ,December 31, 1986, is. 0� record in the .aforesaid Clerk's Office in Deed Soo]c 636, at Page 23, Reference is here.by made to the aforesaid instruments and a reference is therein contained for a mores Particular description of the property conveyed hereby. Further, reference is hereby made to Rxhibit A attached hi�reto whereby Alfred R. Gregory and Stephany M, Gregory have waived and released any Right of First Refusal reserved by,the terms of the aforementioned deed, The Grantor rides hereby covenant that they have the -right to convey•tO the Grantee; that the Grantee shall have gu.iet'and Peaceable pOssessiOn' of the said property, free. from .asli liens and encumbrances; and they wili grant such further assurances of title as may be requisite. WIT'N•E.88 the following signatures anA seals: LUP D. SCHNBXbFR . a. (SEAL) • SCHN IDER STATE OF VIR.GINIA,, AT 1,ARGS, COUNTY OF FRrEDERIM To -Wit., The: foregoing instrument was acknowledged before me, a Notary Public in and for the State and City aforesaid, this A-14/0Y Of April, 1994, bar Raul D. Schneider a.'nd Charlotte S' Schneider., his wife, My commission exp . es • y NOI',aRx RuEI, C• t �� .. ML8\dlp\#1167 tiY\�YA.•.ea• �•. aye. rA'/ 7Y •AI•..a1 f� 2 FEE. 1 S+7 F= R I 1 • R _ 01 MLB/dip 4/12/94 #1167 X 0 E�+ P G 0 4 2 2 WAVAR AND IMEZ.BASS OF RIGHT OF FIRST RE.FUS.�.L, made and 'dated. this 12 th, day of .April, 1994, by and between StSPHARY M. O.BEGORY, divorced and not remarried,party.of .the first pant, hereinafter callod the. Grantor; and PAUL D. SCHNEIDER• and CHARLOTTE s, his wife► parties of the second part,: hereinafter called the Grantees. WHERE,A S, by deed dated Decenber 31 # 1986, of record in the Clerk's -office of the. ',Qiroui»t Court of Frederick County, Virginia..., Alfred P. Gregory and Stephany X. Gregory, his wife, did grant and convey unto the parties of the second part that Certain parcel. of Land containing, by Estimate, 0.546 acres, inure less, situate along the Eastern side of Virginia State Highway Number .739 (Apple Pie Ridge Road) in Stonewall Magisterial District, Frederick County, Virginia; and, WHOW, a Right of Pi.rst Refusal was reserVed' by Alfred P, Gregory and Stephany No Gregory under the terms of the aforesaid deed; and, WHEREAS, Alfred P. Gregory and Stephany M. Gregory are : now divorced from the bonds of matrimony, and, WHEREAS, the parties of the second part have received' a valid and binding offer from Cara Ann Lewin to purchase..sai.d heal estate, and -have regµested that the ,party of .the first, part forever release, and waive the Right of First Refusal reserved under the terms of aforesaid deed. NOW, VITNESSETH: That for and in consideration of the sum df Ten Dollars ($1.0.0.0) , cash in hand paid by each of the parties hereto unto the other, and other good and valuable oonsi.deration, the receipt and adequacy of which is hereby acknowledged, they party of the first part does hereby forever waive,. convey, quitclaim and release unto the parties of the second part, their heirs, personal representatives, succeeis,ors and a0signs forever, any and all right, titles and interest. including but not limited to the Right of First Refusal, in. and Post -it" Fax IVAkp 7e371 ontop0g000� TO F Ep3 2'1}-917 FR I 1 4OW • F' _ 0 S r to that certain lot or parcel of land togetherwith all improvements thereon, and all rights, rights of way, and appurtenances 'thereunto belonging, lying and being situate- in Stonewall Magisterial -District, Frederick County, Virginia, containing, by eztimat3, 0.546 ao;Ces, more or along the Eastern side of Virginia State highway Number 739. (Apple Pie Ridge Road) approximately five (5) miles North of the City of Winohestex,•Virginia, said property and Right of First Aefusal being more particularly described in that certain died dated December 31, 1986, from Alfred F. Gregory et ups to Paul 0. Schneider et ux, which deed is of record in the Clerkly office' of the Circuit Court of Frederick County, Virginia, in• teed '$ook 636 at Page 23. This Release and waiver contained .herein is intended as a full -and final release of any and all rights that the party of the first part may have, and the party cif • the first part further warrants that the Right of First Refusal released hereby has.not been heretofore assigned. WITNESS the following signature and seal: •I .. .� (SEAL)' S HAM EC R S ATE OF V1PGTNjA,, AT LARGE, CI TO -Wit: The foregoing instrument was acknowledged before me, a Notary Public in and for the State and City aforesaid, this day of April, 1994, by STEPRANY M. GREGORY, divorced and not remarried. My commission expire .• "��' . r - ._J�w NUTARY PUnLlC MLS\dlp\# 1167 2 s' ' Is March 4, 1997 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 l IO7IFICAVIOI I OF -PUBLIC, 0-IEARUNIG TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE APPLICATION #003-97 OF CARROLL CONSTRUCTION On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held .on Tuesday,. March 18, 1.997, at 3:25 p.m., in the. new boardroom of the Frederick County Administration Building at 107 N: Kent Street, Winchester, Virginia. This hearing is to consider the application of Carroll Construction Co. for a 23.1, side yard (north) and 23.4' side yard (south).variance.for additions to the.existing structure. The propeity.is located at 1252 Apple Pie Ridge Road (Cara A. Lewin residence) and is zoned RA (Rural Areas). The site is identified with Property Identification Number 42-A-350 in the Gainesboro Magisterial District. Any interested parties having questions or wishing to speak may atterid this meeting. A copy of the application is available for review at the Department of Planning and Development located at 107 North Kent Street in Winchester, VA. Sincerely, Michael T. Ruddy .Planner I MTR/cc 107 North Dent Street • Winchester, Virginia 22601-5000 This is to certif that the attacl-ied correspondence was mailed to the following on (� 4.!t (179 7 from the Department of Planning and Development, Frederick County, Virginia: 42 A 1135 1 SCHNEIDER, CHARLOTTE B. & PAUL.. i kUTL..ER.. JOHN K ''SHIRL„EY W 342e MARCE:L«L..A 'DRIVE 4ii W MONMOI. TH STREET I�HIO jWINiC:HESTER, VA �Cltd(wINNATI, 4 S248-•• I :�eaf� .... -- - 42 A 265 i i 42 A 3419 90%U ...L..Y, JOHN S.., IV UNGE.R. V I V IAN B. 1 C/O RtII'i HILL ORCHARD, INC I C/O WADEIyIJSING ' O BOX 369 1245 APPLE PIE RIDGE RD UIN+CHESTEk. VA WINCHESTER, VA 42 ERDAL, ERIK 17 2 \ , 42 HEss, ROpE:RT ADAM & 'MARY 17 � ) RE-SECCA A, FAITH, 4EANNE. M A.2,,39 APPLE PIE RIDGE hD 1208 APPLE PIE RIDGE' ROAD ( WINCHESTE.R, VA "WINCHESTER, VA Carroll Construction Co. ( Cara Ann Lewin 305 Ebert Road 1252 Apple Pie Ridge Road Winchester, VA 22603 Winchester, VA 22603 i Michael T. Ruddy, Planner I Frederick Co. Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I,H, a Notary Public in and for the State and County aforesaid, do hereby certify that Michael T. Ruddy, Planner I, for the Department of Planning and Development, whose name is signed to the foregoing, dated , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of 1 %vPb � q 9l My commission expires on I &q , lqq v , , Hau `--- ARY PUBLIC