Loading...
HomeMy WebLinkAbout16-97 John & Ada Bentley - Shawnee - BackfileDate: Variance Request Tracking Sheet: Board of Zoning Appeals e opened A Reference Manual updated/number assigned D-base updated 12 color location maps requested from GIS Two sets of labels requested from Data Processing ile given to Renee' to update bi-monthly report F i 4.`11 P1 d .� .,Ij I MEETING DATE: - - FINAL ACTION: IL aS' jm�.nde iitlo .y 4.� , t CLOSE OUT FILE: <., , , r e Approval (or denial) letter mailed to applicant/copy made for file File stamped "approved"/"denied" or "withdrawn" Reference Manual updated _I/-"' . D-base updated /L / ,File given to Renee' for final update to bi-monthly report 'a•14a ? � D'0-"" ct"°� ��w.�ued� eve. �'uvc� .tc�: � K.\WP\CMN\CIG CR\TRACKINGBZA CASH 19 025251 Date a Received From Address Dollars $ y For • • 0 !� CL AMT. OF ACCOUNT f" CASH AMT PAID CHECK By BALANCE DUE MONEY ORDER WIWtry j low- Ai- 077162 1526 5733 COPIES." -28.. ENLARGENEENTS CALL 80-10-4.21-ICCKI C PIES 8 ENL!P21ENT Ci;IL ■ a� :rs�} 071716�621" 3-2p, 115EE 151,- i:I �FES ; EtLRGMTS t:r!i •M COPIES ENL+R:;MTCALL `'�'�I-4 1-10310 T 'Tl l' R I 1 g .r:a nv 771 1'2.9-9 - 1526 -747 COPIES & ENL GENTS CALL 0"'00-421-11030 �, �,� �. :gmx`., ,�� ,_ r' r ` ,, �. �� '�� 17f CL C j-� 1J_t'i COPIES x: ENLARIM€NTS C 1 030-42I—I !:a�� COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 MEMORANDUM TO: Finance Department FROM: Karen A. Cain, Receptionist/Clerk Typist II SUBJECT:. Return Of Sign Deposit DATE: December 18, 1997 The amount of $25.00 was deposited in line item #10-911-08 for the person named below as a deposit for a sign for Variance' Application #016-97: "They have'iioviw returned the sign and are therefore entitled to the return of their deposit.` Yau may pay this through the regular bill cycle. Please send, a •check in the amount of $25,60 to: ;, � '. +:�y : °soy _ -b, a .� ' G"� i "�' fi�i i;�"'��;e a+; '' "�' -•' � '.`'' Mr. John Bentley 118 Meadowview Court Winchester, VA 22602 = ` RSA/kac 107 North Kent Street - Winchester, Virginia 22601-5000 I December 17, 1997 Mr. and Mrs. John Bentley 118 Meadowview Court Winchester, VA 22602 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 RE: VARIANCE APPLICATION #016-97, JOHN AND ADA BENTLEY; PIN 65E-7-5-40 Dear Mr. and Mrs. Bentley: ..This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their meeting of December 16, 1997. The Board of Zoning Appeals denied your request (as amended) for a two -foot side yard variance, and approved your request, as amended, for a 10-foot rear yard setback variance to construct an attached two -bedroom and two -car garage addition. If you have any questions regarding these actions, please feel free to call this office. Sincerely, Michael T. Ruddy Planner II MTR/cc 0.\AGENDAS M\APPR DEN.LTRXBENTLEY.BZA 107 North Kent Street - Winchester, Virginia 22601-5000 • BZA REVIEW DATE: 12/16/97 VARIANCE #016-97 JOHN & ADA BENTLEY LOCATION: The property is located at 118 Meadowview Court: MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 65E-7-5-40 PROPERTY ZONING & USE: Zoned RP (Residential Performance) District; Land use - Residential ADJOINING PROPERTY ZONING & USE: Zoned RP (Residential Performance) District and RA (Rural Area) District; Land use - Residential and agricultural VARIANCE: A 12-foot rear yard setback variance and six-foot side yard setback variance to construct an attached two bedroom and two -car garage addition. REASON FOR VARIANCE: The applicant states that the property is too shallow and narrow. �a STAFF COMMENTS: Within the RP zoning district the side yard setback is 10' and the rear yard setback is 25'. The applicant's proposal would place the building 13' from the rear property line and 4' from the adjoining residential property. An addition of this size, in this location, will impact the adjoining property. The applicant currently has approximately 15' to the side of the existing house in which an addition could be built in compliance with the setback requirements. Furthermore, there is sufficient space to the rear of the property in which an addition could be constructed in compliance with the setback requirements. In addition, note four on the subdivision plat indicates a 10' utility easement along property lines. Encroachment upon this easement by any structure would not be permitted. 0 • Variance #016-97, John & Ada Bentley Page 2 December 8, 1997 In this case, strict application of the zoning ordinance does not prohibit the use of the property. The property is zoned residentially and the property is being used, principally, for residential purposes. Furthermore, it would appear that there is sufficient space on the property to locate the addition in conformance with the setback requirements of the Zoning Ordinance. 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. O:\AGENDAS\BZA\COM MENTS\BENTLEY. BZA E • • 2 43 6 23 4 3 S 23 S 8 23 S O m �i z3 4 3 a m m 23 4 3 a 23 S F m 23 4 3 2 23 S A 23 A 88 1 (Mndv*ew' � 23 43 1 2 ' 21 !S7 23 A 8A 23 A 8C 23 A S8 23 32 78 23 32 79 23 21 .59 23 2 t 23 A SC 23 32 77 23 32 80 23.. 21 59' 23' 21 33 23 32 70 23 21 23 A SA 233 32 81 27 21- 23 32 75 23 32 82 23 tt 23 21 23 32 74 23 32 84 23 21 21 4 23 32 73 32 MI 7J 23 21 m Q 23 32 72 / 23 3 2 89 23 21 21 4 23 32 71 23 32 88 1 32 23 32 70 7 7 32 39 23 `A 9A 23 32 89 32 1 23 A 9 1 23 32 9 21 43 23 32 86 / 23 32 23 42 Garu 32 1 A& 32 95 21 41 Katg 23 12 9d 23 32 94 23 2 1 40 Rhode / 23 32 97/ / 2 1 Duvall 23 A 12 23 32 98� ` ' `23 21 38 / 23 32102 23 3 2 99 `23 3 2 10V 23 2 1 37 2233 21 38 32?00' 23 32103 l\ 23 2' 1 �/ \ 23 32105 '� 23 21 34 / I 23 3 2104\ \\ i `23 3 2 107F�— / 23 321 23 3 21 1 23 21 33 23 2 • , � �23 321102 2 170 f 23 32109 23 3 211 f 23 2 • 11 23 32112 23 32113 23 2 1 3271 \ 27 32114 3 32111 ', 23 21 \ �\ 23 3� ` 23 32115 ft Zoning Legend Variance #015-97 RA Lloyd & Gail Winters RP 1�1 ' PIN: 23-2-1-41 Frederick County Planning & Development 10-8-97 I 8 i1, N t P� s s W t� 0 \< A rt u LOT 40 to 1 ,238 sq. ft. 0 in + + 13" \ 2 Fw1w SURVEYOR'S CERTIFICATE �7F�y I hereby certify that the information shown on this v Cad e9 plot is based on an actual field survey made under my supervision and there ore no encroach s or visible easements unless shown. . W. Marsh, L.S. all NOTES • 9�6A'\ �� r, 00 GGJ� 1. The dwelling shown hereon does not lie within o designated 100 year Iloodploin. Op y^ 2. No title report furnished. �P J. Easements other than shown may exist. i 6rc LEGEND 4. This lot is subject to a 10' slope k droina9e • IRF Iron Rod found easement along oil rights of way and a 10 IRS Iron Rod Set utility easement along oil property lines. `H QP BUILDING LOCATION SURVEY LOT 40 (o: PA'GREENWOOD HEIGHTS — SECTION V SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA V. MARSH CERTIFICATE NO. DATE: JANUARY S, 1994 SCALE: 1-=30' SURVEY DATE: JAN. S. 1994 1843 D gilbert w. clifford h associates, ENGINEERS - LAND PLANNERS - SURVEYORS Ija-c oM cr. w h 200 Nth COm o. st,..i q� �� rr.dwkM.6wq, wghM 27.01 Wnch..tw, WgInW 77601 (703) age-2113 (703) 667-7159 PLAT y: HL-GH40.DKG VIRGINIA FREDERICK COl1NTY, SCT. Ttus Instrument of writ' era produced to ma on the and with wrtilicate of acknow-ledgment th"o annexed was admlited to reocrd. Tax Yrpoud by Sat:. 5&54.1 d s L°3'0and 58-M hm bw paid, if--m-.btt. CLERFI 0 Pago 1 of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA 1. MUST BE TYPED OR FILLED The applicant is the owner OUT IN INK - i' other PLEASE PRINT . (Check one) 2. APPLICANT: OCCUPANT: (if differ NAME :rT,4,✓ f . /%% f �e_,,i f le NAME: ' T ADDRESS 88 /Yl�a�ou/yic'c1 e� ADDRESS: wllyCl esleT Va �.2bl02 !0WV ti T E L E P H 0 N E SS TELEPHONE: 3. The property is located at (give exact direction- W include /State Route numbers): j/ /1 %Nii �� ✓�t /f ii S %L(.c:fPd rj NA ��� le,J,;- yj&V Cf. I+� /�1 I+YPeul�•.,� NPiSN/s Sh�7��/Ui5/c+� ;el k 5- �got:�TY T%e,,/e "o 'fL G _ -&eJ.le,sefoif/ al kle GS6 4-ale .fo w7/f o t/ /C° w e Td v 6ro 02rl e,vdr„ic cbe a� 3114w11 10 &a)Wdi Ad Cukh/, the frdl'ler�y i 5 /v C k 1PJ �N el*' 4. The pro erty has a road frontage of 3bls feet and a depth of 9B.Ey ,to , S7 feet and consists of //"23S § ff (please be exact) 5. The property is owned by jr�4n/ F aad ddti as evidenced by deed from,-,' ,,� , �. T r,,,,i �N_/ rti/ ,�, ; �,,.,,,ti, recorded _r (previouA owner) in deed book no. on page 2— of the deed books of the Clerk of the Court for Frederick County. Attach a copy of the deed. r 0 Page 2 of 5 6. Magisterial District:, j�11_- cv,vee 7. 14-Digit Property Identif ication No. 6 0 C " t%-- _5 OooJ (_,) o �� 6 8. The existing zoning of the property is: I&514f4AIA4 9. The existing use of the property is: 10. Adjoining Property: USE ZONING / North RCIZ de /1J1.1 �.nS���� ✓J , �1� East ,P�/,'Vz -f" RP South lo.s r,10,rC' e- —_RF- West �aY��► c"s��-'�� i Rl"' 11. Describe the variance sought in terms of distance and type. (For example: "A 3.51 rear yard variance for an attached two car garage.") I\ e k i/c74 V'/ 61 Ve' e-L 4 it; J Gl e VG V e/ n r.' T ��t Er �,Gr lla s 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 . f / / [�L �� J_1 v>>fa�? r- T, � 5 �v �i /✓La //� �ii ��trc/ �/�a l�t�%iv P 13. • 0 p 3d5 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 notifd by mail of this application: NAME %l a y i- tr ' So Al va, � ' 5 F. r� l c Address d t i y / Q "to C, Property ID# S,t C'�c 7 p- (J) 0 0 Lo tiC ,l� 6c? v', Vo, 2 X 6 a 2- NAME Address r J - i C? Property ID# (6-SA- 66, i' - S 600 — 0 0 NAME_ Ct2 'v ��'V /✓ lam, �� l P �✓ �� F° i� Address l C, V ?�� �l , q C 7, `�� Property ID# 2 ' NAME_ Sa ree& ljt v r V Address / / ? Property ID# C � �% �'. �Z)00 -- ()6 3 9 NAME_ , *l �n.�r�» o �� �r_., �A r=v��� �i� Address l l 4:, MIJ&-,, m ato) I/ i r re.3 0 , W �r .i V v�, 1�1Yj Gy Cd � ' Property ID# �; l� l� - % R�� - 21®` / NAME Address 1114 Property ID# P NAME , ��r ad,- f r,4 A YO,'S r Address 16,9 Property ID# Ko 1/000 K) — C7000 0l ;Z, 0 0erV e-5 rimer)) V,� NAME Property ID# Address NAME Address Property YD# NAME Address Property ID# is 6S Page 4 of 5 15. Provide a sketch of the property (you may use this page). Show proposed and/or existing structures or 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. Fence � Obi P odl \ SURVEYOR'S CERTIFICATE I hereby certify that the information shown orr this Plot is based on an actual field survey made under my supervision and there ore no encroachni r is or visible easements unless shown. S. W. Marsh. L.S. \ C'b,�/ \ or'ry oy \ IRS 9 ' o`��� IRF ro Irk Found Sel 0 PAP 50(5 AGREEMENT VARIANCE # O I e` 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- % DATE SIGNATURE OF OWNER DATE (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF �6 I ACTION: - DATE - APPROVAL SIGNED: CHAIRMAN DENIAL DATE: BK812iG0u42 ,L�10 THIS DEED, made and dated this ql� day of January, 1994, by and between TIMOTHY A. TINSMAN and JULIE R. TINSMAN, formerly Julie R. Stiff, husband and wife, parties of the first part, hereinafter referred to as Grantors, and JOHN E. BENTLEY and ADA E. BENTLEY, husband and wife, parties of the second I part, hereinafter referred to as Grantees. WITNESSETH: That in consideration of the sum of Ten i Dollars ($10.00) and other good and valuable considerations paid the Grantors by the Grantees on or before the delivery of this Deed, the receipt of all of which is hereby acknowledged, the Grantors do hereby grant and convey Faith General Warranty �j a and English Covenants of title unto the Grantees, in fee simple, as tenants by the entireties with common law right of survivorship, the following described real estate, together with all rights of way, privileges and appurtenances thereto belonging and subject to all easements and legally enforceable restrictions of record affecting such realty: All of that certain lot of land, together with all rights, rights of way, improvements thereon and appurtenances thereunto belonging, located in Shawnee Magisterial District, Frederick County, Virginia, lying on the west side of Virginia State Route 656, known as the Greenwood Road, which property is located east of the City of Winchester, Virginia, which is more particularly described as Lot 40, GREENWOOD HEIGHTS, Section V, on that certain plat and survey by P. Duane Brown, C.L.S., dated March 11, 1987, attached to the Deed of Dedication of Greenwood Heights, Section V, recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 647, at Page 737; and more particularly shown on plat and survey by S. W. Marsh, L.S., dated January 5, 1994, a copy of which is attached hereto and by this reference made a part hereof. This is the same property conveyed to Timothy A. 1U,u. M & Mi, EMau LA. Tinsman, unmarried, and Julie R. Stiff, unmarried, by A. *a AT ..,e.N[,•... uw Deed from Dennis K. Bucher, et ux dated May 31 1988 . Y t[[[.yt0. V.110,N4 ,AWCM[[t'[R, VMOMI� 1 'J. Mw. MauMAX, EF MAMM s MrttM[LL ♦rMMMEY •r u uc[MVMa, vMe A ww*c." A. V.M BK812FG,0843 and recorded in the aforesaid Clerk's Office in Deed Book 682, at Page 344. This conveyance is made subject to all easements, rights of way and restrictions of record, if any, affecting the subject property. The Grantors covenant that they have the right to convey the within described property; that the same is free from all liens and encumbrances except as may be hereinabove set forth; and that they will forever warrant and defend the title thereto. WITNESS the following signatures and seals: (SEAL) TIMOTHY hF. TINSMAN . A SEAL ) J R. TINSMAN STATE OF VIRGINiA�, .A. ' ` t-Larg .e CITY/COW*" OF bMQL1 , To -wit: The for ing document was acknowledged before me this day o �, 1994 by TIMOTHY A. TINSMAN and JULIE R. TINSMAN. My Co"Ission expires �`I u NOTAq PUBLIC 2 69�51'00" E-- 9.34'9aard BK8120 8 h 4 N W s �• x Band Fence \� o =u � W LOT 40 ' 11,238 sq. ft. 0 +\�°F� \\ tie l'v rn SURVEYOR'S CERTIFICATE I hereby information this / certify that the shown on S15 plot is based on an actual field survey mode under MY supervision and there are no encroach s or visible easements unless shown. \ S. W. Marsh, L.S. I ly \ \ eO� \ IR IIQIES ar Ja 9'elf 1. The dwelling shown hereon does not lie A/,i. �I within a designated 100 year floodploin. 2. No title report furnished, p 3. Easements other than shown may exist. !r�' ar r 10 h LEGEND 4, This lot is subject to a 10' slope & droir ge / •# IRF Ion Rod Found easement along all rights of way and a 10 IRS Iron Rod Found utility easement along oil property lines. LCERTIFICATE Set BUILDING LOCATION SURVEY ti LOT 40 GREENWOOD HEIGHTS SECTION V SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA O. DATE: JANUARY 5. 1994 SCALE: 1"=30' SURVEY DATE: JAN. 5, 1994 gilbert w. ciifford k associates, ii.:. ENGINEERS LAND PLANNERS SURVEYORS 150-c 01de G4.n"1ch orl" 200 Nalh Co— sN.st r,adarkk.bwq. -91nb 2I401 Winchester. Wgirn 22601 (703) M-2115 (703) 667-2139 VIRGINIA FREDERICK COUNTY, SCT. PLAT #: HL—GH40.01AG This Instrumanl of writ was produced to nw on the -- do ��L 199K ac .z77Vrt and with artificale of achrwwladQeant (herwto annexed was/adnmtitted to np= Tax imposed by Sac 5&51.1 d s !o —'sand 5&54 have been paid. if assaxnb(S. CLERK Application Process Evaluation We would like to learn how we might improve this process. Please complete this form and submit it to the Planning Department. You can submit it to us separately from the application if you wish. You may submit it anonymously. Which type of application did you complete? Rezoning Site Plan Master Development Plan Subdivision Conditional Use Permit Variance .2,7 2. Which part, if any, of the application process did you find particularly difficult? (Check as many as you wish.) Completing the application form Tax verification Agency review comments Adjoiner identification information Other (Please specify) ts" 3. Did you have a discussion with a staff member before submitting the application? YES _� NO 4. Were you able to receive the assistance or information that you needed from the staff? YES I,-' NO 5. What portion of this. process took the longest for you? Completing plans Completing the application 1� Tax Verification Agency review comments Other (Please specify)_ 6. What do you think could have. been done differently to make this process quicker? P //t fl , AlIIJ ✓� �� �'� ,�.4, 7. Do you have any suggestions about what we could do to make this process work better? May 17, 1996IK:,wpkcnur•bah,crapplic.reci COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 l J'1'lrlC,- n J! I Jr Pua c riumu r. December 2, 1997 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE APPLICATION #016-97 OF JOHN AND ADA BENTLEY On.behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, December 16, 1997, at 3:25 p.m., in the board room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This hearing is to consider the application of John E. and Ada E. Bentley for a 12-foot rear yard and a 6-foot side yard setback variance for'the addition of two bedrooms and two -car attached garage. The property is located at 118 Meadowview Court, and is identified with Property Identification Number 65E-7-5- 40 in the Shawnee Magisterial District. Any interested parties having questions or wishing to speak may attend 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, �,,r�'°�'CC—L,/vt-•rit..e'..- <� lam= r�t.i%G t' Michael T. Ruddy .' Planner II MTR/cc 107 North Kent Street - Winchester, Virginia 22601-5000 w This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick 06ty, Virginia: 65E - 7- 5- 39- 65E - 7- 5. 40- PERRY, GREGORY A. & SANDRA N. BENTLEY, JOHN E & ADA E C/O PERRY, GREGORY A. 118 MEADOWVIEW CT 119 MEADOWVIEW CT WINCHESTER, VA 22602.6515 WINCHESTER, VA 22602.6515 A . A- 120. AMBROSE, SANDRA ANNE CARPER 1690SENSENY RD WINCHESTER, VA 22602-8932 65E - 7- 5- 36- STEMPLE, HARRY M & SONYA L MARQUIS 113 MEADOWVIEW CT WINCHESTER, VA 65E - 7- 5- 37- AIKENS, JOAN P 115 MEADOWVIEW CT WINCHESTER, VA. 65E - 7- 5- 38- KEPLINGER, CAROLYN J HC 78 BOX 84C2 AUGUSTA, WVA 22602- 315 22602.6515 26704.9613 65E - 7- 5- 41- BAUSERMAN, BRYAN C & CONNIE H 116 MEADOWVIEW CT WINCHESTER, VA 22602.6515 65E - 7- 5- 42- BUTLER, DOUGLAS E & KARIN L 114 MEADOWVIEW CT WINCHESTER, VA 22602.6515 Michael T. Rudd , Planner II Frederick County Planning Department STATE OF VIRGINIA COUNTY OFFREDERICK I,Ljj- 1�on — Q , a Notary Public in and for the State and County aforesaid, do hereby certify that Michael T. Ruddy, Planner II for the Department of Planning and Development, whose name is signed to the foregoing, dated I _, has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this K9nday of Deeem bey-, 19 Q2 My commission expires on 4. 1 NOTARY PUBLIC