HomeMy WebLinkAbout16-97 John & Ada Bentley - Shawnee - BackfileDate:
Variance Request Tracking Sheet:
Board of Zoning Appeals
e opened
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Reference Manual updated/number assigned
D-base updated
12 color location maps requested from GIS
Two sets of labels requested from Data Processing
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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File stamped "approved"/"denied" or "withdrawn"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
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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.
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Zoning Legend Variance #015-97
RA Lloyd & Gail Winters
RP
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PIN: 23-2-1-41
Frederick County Planning & Development 10-8-97
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LOT 40
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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
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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
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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.
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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
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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,�/
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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�
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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
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s �•
x Band
Fence
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=u �
W
LOT 40 '
11,238 sq. ft.
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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