HomeMy WebLinkAbout02-96 Andrew J Maguschak - Back Creek - Backfile9E
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COUNTY of FREDERICK
Department of Planning and Development
5401665-5651
FAX: 540/ 678-0682
May 2, i 996
Daniel & Elaine Maguschak
i 01 Greenway Court
�+V inchest:;r, VA 22602
R E: VARIANCE APPLICATION #002-96: DANIEL & ELAINE MAG USCHAI,'..
Dear Mr. and Mrs. Maguschak:
This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their
meeting of April 16, 1996.
The Board of Zoning Appeals approved your application for a 10.73' front yard variance for an
addition. r
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'cg
107 North Kent Street • Winchester, Virginia 22601-5000
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 678-0682
MEMORANDUM
TO; Finance Department
FROM: Karen A. Clark, Receptionist/Clerk II
SUBJE I: Return Of Sign Deposit
DATE: April 18, 1996
The amount of $25.00 was deposited in line item #10-911-08 for the persons named below as a
deposit for Variance Application #002-96. They have now returned the sign and are therefore
entitled to the return of their deposit. Please send a check in the amount of $25.00 to:
Daniel & Elaine Maguschak
101 Greenway Court
Winchester Va 22602
Please contact me if you have any questions.
RSA/kac
., r,«t�i
107 North Kent Street • Winchester, Virginia 22601-5000
BZA REVIEW DATE: 04/16/96
VARIANCE #002-96
ANDREW J. MAGUSCHAK
LOCATION: The property is located in High View Manor at 101 Greenway Court. The lot is
situated in the intersection of Greenway Court and Manor Drive. High View Manor is located on
Route 608, approximately 4.8 miles south of Route 50 West.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 60A-2A-A-16
PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use -Residential
ADJOINING PROPERTY ZONING & USE: Zoning RA (Rural Areas) District; Land use -
Vacant
VARIANCE: A 10.73' front yard variance for an addition.
REASON FOR VARIANCE: The applicant states that the shape of the property, the road on two
of the three sides of the property, and the location of the septic system, drainfield, and well restricts
the location of the addition to the proposed position. The proposed addition would place the structure
in violation of the front setback requirement which is 30 feet. The variance is needed to place the
proposed addition in compliance with the zoning ordinance.
STAFF COMMENTS:
The High View Manor subdivision was approved in 1962. Mr. Maguschak's property is lot sixteen
and was platted with a front yard building restriction line of thirty feet. This building restriction line
is shown on the enclosed surveyed plat. The current front yard setback requirement for structures in
the RA (Rural Areas) zoning district is sixty feet. However, the original thirty-foot building
restriction line will be adhered to. The proposed two-story addition would be 19.27' from the Manor
Drive right-of-way and would place the structure in violation of the zoning requirements'by 10.73'.
The lot is located at the intersection of two roads which creates a slightly irregularly shaped property.
Within the subdivision there are numerous irregular lots. All of the lots within the subdivision are
Maguschak Variance
Page 2
April 8, 1996
relatively small and have a limited building area. The restrictive size of the lots is consistent
throughout the subdivision and, as Mr. Maguschak has a house on the properly, a demonstrable
hardship approaching confiscation does not exist.
The Code of Virginia, Section 15.1-495(2)(a) and (b) states that no variance shall be authorized by
the board unless it finds that strict application of the ordinance would produce an undue hardship and
that such hardship is not shared generally by other properties in the same vicinity. Staff believes
granting this variance would be inappropriate as a demonstrable hardship approaching confiscation
does not exist and, furthermore, the restrictive lot size is shared generally by other properties in the
same vicinity.
STAFF RECOMMENDATION: Denial.
File: K:\WP\CMN\COMMENTS\MAGUSCHK.BZA
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 _. (Check one)
2. APPLICANT: OCCUPANT: (if different)
NAME: Ai�/�c% .aC �'I' ll��iC NAME:
ADDRESS /,-)Q DV1=-O_ ADDRESS: �, �q L
an ZE CIA
TELEPHONE: �F{..3,'�p ( TELEPHONE: ► �..� C":
3. The property is located at (give exact directions and include
State Route numbers):
kT l y, 8 ,tit 1 Es a R-r
Ti(�_A RT 114To N; U�c-� {MaAoh:S �� ��►,7s
s 1;
4. The property has a road frontage of �,3 8'feet and a depth
of / 5,3, 76 '—feet and consists of /, c acres. (please be
exact)
5. The property is owned by
as evidenced by deed from recorded
(previous owne )
in deed book no. 5- �` on page 4' / of the deed
books of the Clerk of the Court for Frederick County. Attach
a copy of the deed.
page 2 of 5
6. Magisterial District:__Aga1e 2,&2C-k
7. 14-Digit Property Identification No.: &�0,4 p -00, 7iA -661,1„
8. The existing zoning of the property is:
9. The existing use of the property is:
10. Adjoining Property:
USE ZONING
North r --le, ,-,
East
South
West
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.")
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
13. Additional comments, if any
-e- /111z151 r1Irl xdll1,-r
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 , -.. A,,a-, 31/"-k" IGfr�
Address L�' �Hc/3�Z-AW/ z 10 Z.3'`i I
Property ID#
// Address
Property ID
Property IW
Address
Property IDO
Address
f / 1 Uri e`1J 10 tl i1 i4
Property IDO
Address
SI vek' 14
roperty ID,O
eoi/O /C C"crO/3 - OCO S
OAD 114
Address
Property ID#
Address
Property ID#
Address
4-7,41
Property ID#
Property ID
Address
Property ID
Page 4 of 5 •
15. Provide a sketch of the property (you may use this page).
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.
Adjoining Property YOUR PROPERTY A inin Property
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Page 5 of 5
AGREEMENT
VARIANCE #
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�G���/. DATE
U
SIGNATURE OF OWNER DATE
(if other than applicant)
-OFFICE USE ONLY-
BZA PUBLIC HEARING OF ACTION:
- DATE-
APPROVAL
I I DENIAL SIGNED:
��J B CHAIRMAN
DATE:
E
0
I. P F.
R s �.
A=
N OYES
I.PF_ = IF'-oN rlN FOUND.
�. I.P.S. = 1Rcr4 PIN SET.
3. 13.R.L.= 13U11-aN6 P-ESTI--IGTIoN 1--INE .
i5�'LAT 'iH-V4ING
EXISTING He2u! ,E ANP NEW ADDI?ION
FoF - VA R IA N GE
l- oT Iry
HIGH VIaVv K4ANd�
BAGK GFZEC-:K C71,5T12IGT - F2EDE21GFK GOUNT (, �/IIzc,INIA
SCALE I I DATE : MARGH Imo}-,
GREENWAY, INC.
1-0— 970 Baker Lane, Winchester, Virginia 22603 540-662-4185
H. Bruce Edens, L.S. - President
SURVEYING - DESIGNING - PLANNING
RESIDENTIAL - AGRICULTURAL • COMMERCIAL INDUSTRIAL CONSTRUCTION
(�)MBRGCE EDENS
No. 000162-8
3 1<zmla-
/ �04
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`�'D strRVE
SHEET I of
NIGH VIEW MANOR
LOTS 4 -- 36 BLOCK 6
LOTS 9 - 38 BLOCK A , SECTION "A"
AND
LOTS I - 16 & 47 - 48 BLOCK C
LOTS i - 11 & 19 - 29 BLOCK D
LOTS I - 25 BLOCK E SECTION "B"
LOCATED NEAR MT. WILLIAMS IN BACK CREEK
MAGISTERIAL DISTRICT, FREDERICK CO.. VA.
SURVEYED AUG. 13 , 1962
RICHARD U. GOODE
CERTIFIED SURVEYOR
CURVES FOR SHEETS 1 AND 2
CURVE TABLE
NO.
DELTA
TAN.
RADIUS
_
ARC_.
1
90,100,
30.0'
30 0'
47 1'
7
5220'
65.8'
133.9'
12 2.3'
9
2 9 1' 40'
-
45 0'
229.8'
10 1
29*00'
38.79'
150 0'
75.91'
I
37040'
34.11'
1000,
65.74'
12
9 8' 3 2'
11.6'
8.9'
17.7 '
13
74*48'
15.3'
20 0'
26.1'
14
3' 10'
7.62'
275.0'
15.2'
15
98" 51'
22.55'
20.0'
33.61'
16
64053'
12.71'
20 0'
22.65'
17
85'04'
206.42'
2250'
334.06'
18
63*38'
170.62'
275 0'
305.41'
19
35*40'
12.87'
40.0'
24.89'
2 0
2 .`.1' 19'
—
40 0'
175 At'
s -s
4 1A
Lots annro+e.i on in.;!-ridial C�ti �O
bass.
AP RO ED By-:t� r
SAR ARIAN HEALTH DIRECTOR'
WINCHESTER-FREDERICK CO. HEALTH DEPT.
APPROVED BY FREDERICK CO. BOARD
OF SUPERVISORS
8 /f-zT,,- Lh,,
BYRON BRUMBACK. CHAIRMAN
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Page 1
03/18/96 10:10:27
FREDERICK CO Property Card Inquiry BACK CREEK
Map N 60A 2A A 16 MAGUSCHAK, ANDREW J.
Acct 00
Record# 18977 120 OVERLOOK RD
Dwell# 1 GORE, VA
Acreage Class 2 22637
HIGHVIEW MANOR L16 BA SA 60A00002000A(d-OOA00160
House# Dir Street Name Type Dir
00101 GREEN WAY COURT
--------------------------------------------------------------------------------
Assessed Value Land Use & Value
Year 1/01/91 Type Acres Price Adj Value
Land 7,000 HOMESITE 7,000 7,000
Impr 61,100
Minrl
Tot 68,100
Front Depth Dp Fac Area Unit Rate Adj
Min Val Under Dev- Min Val Not Under Dev- Cmd14-Land
Cmd: 1-Search 2-N&A 3-Int/Ext 4-Values 5-01 6-Bldg Descr 8-Sktch 9-Back 12-Sel
0
Dan Maguschak
101 Greenway Ct.
Winchester, VA 22602
(540) 877-2755
To whom it may concern:
Let it be known, that we the residents of Highview Manor,
located in Frederick County, Virginia, have reviewed, understand
and do not oppose the variance needed for a building addition.
The variance is being requested for section A Lot 16 of Highview
Manor.
Sincerely,
Dan Maguschak
t 33 VA4-L'L%t U k i"Ji
WtUC44f-% `9,1 Vi 2Zbu2
,�- �flvr�s ef--"V y
Gv � , z2-Z d`
• • 301
#151.7
WILLIAM M. MAY, E`1'. UX
TO: .. .. DEED * I
ANDREW J. MAGUSCHAK, ET UX * '
BK575PG3.0 f .
1�
THIS DEED made and dated this
_/�7'►"day or '
I
1984, by and between WILLIAM M. MAY and CUNICE V. MAY his wi artioe I
P I
of the first pant, hereinafter called the Grantors and ANDREW J. MAGUSCHAK
end D0ROT11Y L. MAGUSCHAK, hie wife, parties of the second part, hereinafter
called the Grantees.
WITNESSETHt That for and in consideration of the sum of Ten
Dollars ($10.00), and other good and valuable consideration, receipt
whereof is hereby acknowledged, the Grantors do hereby grant and convey
with general warranty and English covenants of title, unto the Grantees,
jointly, as tenants by tine entirety, with the right of survivorship, as
at common law, the following described property:
All of that certain parcel of land located near Mount
Williams in the Back Creek Magisterial District, Frederick
County, Virginia, designated as Lot 16, Block A, Section A,
of High View Manor, and more particularly described by a plat
aril survey of Richard U. Goode, C.L.S., dated September 30,
1965, arid recorded in the Clerk's Office of the Circuit Court
of Frederick County, Virginia, in Deed Book 315, at Page 535.
This is tho some realty conveyed to the Grantors by Richard I
A. Loy and Deloris J. Loy, his wife, by Deed dated May g�
1978, and recorded in the aforesaid Clerk's Office in
Deed Book 491, at Page 381.
This conveyance, however, is made subject to all rights of ways,
easements, and/or conditions of record, if any affecting the aforesaid
realty.
The Grantors do hereby coveriant that they have the k'ight to
convey said realty to the Grantees, that the Grantees shall have quiet and
peaceable possession of the said property, fre;� from all liens and
encumbrances; and that they will grant such further assurance of title
Qs may be requisite.
WITNESS the following signatures and sealai
L
• PILLIAM hl. ,MAY
�� . �
1 , A
. EUNICE V. FWY (SEAL) I
i
BK575PG302
STATE OF ,
,• to -wits
for the State and r a Notary Public in and
that WILI_IAM Ft. MAY, whose name is signed to aforesaid do hereby certify
the foregoing peed
bearing data on the
day of
......,._r 1984, has personally
appeared before mo arxi acknowledge d fihe s me-7 before mo in m
a y State acid
7aforesaid.
Liven under my hand this
My Commission expires
STATE OF N4 ..
to -wits
it c q
, 1984.
a Notary Public in and
For the State and
aforesaidt do hereby certify
that EUNICE V. MAYp whose name 3a signed to the fo
regoing Deed bearing
date on the day of
1984, has personally appeared
before me and acknowledged the a� before me in my State and
aforesaid.
-iven under my hand this /tday of
�., 1984.
My Commission expires
'
tar ublic
VIRGI141A FREDE111CIC COUI.ITY, SCT.
This instrument of writing was produced to me on the
�-1-4 day of '- (N a , at —5A _�►�•
and with certificate of ackno adgment .thereto anne.ce3 was
'hdmitted to record. Tax imposed D/ Sec. 06-�)4.1 of
$.-.._0,,,_,, and 53-54 have been paid, if aise.sable,
I
• Clerl".
I
•
DEVELOPtifENT REVIEW FEE SCHEDULE
REZONING:
S550 plus $35.00 per acre
S25.00 refundable fee for sign
MASTER DEVELOPMENT PLAN:
S1300 plus S-t0 per acre (to 50 acres) plus S30 per acre for each acre over 50 acres
NON RESIDENTIAL Si MSIONS:
$800 plus S90 per lot (to 10 lots) plus $30 per lot for each lot over 10 lots. In the case of a minor subdivision, (4
lots or less) the fee shall be S250.00 plus $35.00 per lot.
RESIDENTIAL SUBDIVISIONS:
$1000 plus S90 per lot (to 10 lots) plus $45.00 per lot for each lot over 10 lots. In the case of a minor subdivision
(4 lots or less) the fee shall be S250.00 plus $35.00 per lot.
NON RESIDEN'TTAL SITE PLANS:
S1000.00 plus S100.00 per acre (to 5 acres) plus S30.00 per acre for each acre over 5 acres.
MINOR SITE PLAN:
S500.00 A revision that increases the existing structure area by 20 % or less and does not exceed 5000 square feet.
RESIDENTTAL SITE PLANS:
S1000 plus S40 per unit (to 20 units) plus = per unit for each unit over 20 units
CONDITIONAL USE PERNfrr:
S75.00 plus S25.00 refundable fee for a sign.
VARIANCE OR APPEAL:
=0.00 plus S25.00 refundable fee for a sign.
SOIL EROSION AND SEDIMENTATION CONTROL PLAN (NOT PART OF
SITE OR SUBDIVISION PLAN - LAND DISTURBANCE PERMIT):
S200.00 plus S25.00 per acre of disturbed area
FLOODPLAIN STUDY:
S400.00 plus S2.50 per acre of drainage area (to 200 acres) plus S1.50 per acre of drainage area over 200 acres
(to 1,000 acres)
Structures used for fire and rescue services are exempt from design review fees.
C�
Application Process Evaluation
We would like to learn from you what we might do to 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.
1. Which type of application did you complete?
Rezoning
Master Development Plan
Conditional Use Permit
Site Plan
Subdivision
Variance
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)
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 .7
Yes No
What additional assistance or information would have been useful?
5. What portion of this process took the longest for you?
Completing plans
Completing the application form
Tax Verification
Agency review comments
Other (please specify)
6. What do you think could have been done differently to make this process quicker?
7. Do you have any suggestions about what we could do to make this process work better?
11071*�"'*
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 (Check one)
2. APPLICANT: /q /6 OCCUPANT: (if different)
NAME: &U25.11�- l NAME:
ADDRESS ADDRESS:__/pl
TELEPHONE sae l TELEPHONE:
3. The property is located at (give exact directions and include
State Route numbers):
TttRnl
4. The property has a road frontage of 3- ;jr, 3 8 feet and a depth
of - feet and consists of 1,0 acres. (please be
exact)
5 The property is owned byNv-4> Jcz'T L j9
as evidenced by deed from;ii;,.,,� €�i.�,c — .,¢ recorded
(previous ovine )
in deed book no. % s", on page :3 6 / of the deed
books of the Clerk of the Court for Frederick County. Attach
a copy of the deed,
-fr✓
' Page 3 of 5
•
'Yf
•
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
d', env rum v /L ��� � .
�E+i�7operty ID#
c1l V!%'.i�
r,
�':: =?T�r
Prop�erty ID#
GCPf G`E
Address
6/1'eu>
Ice- roper - I #-
Address
Property ID#
Address
N oe4i,</G
/a A���: iS
tl�c�
Property ID#
Mperty ID# "o'"c /A nocf� Gam/
Address
/34:�C',e,4 Lc°T Ca /
/��f/ Vic:% �/'. ✓c`ic�J`!C /eL�.;-4-c-%J
/''� Property ID# c-�-'c^f - c,L•�'�
Address
/A
Property ID# 114
Property ID#
r'Ci"'�aRer-Larte•; VrlFicnesi.r,-v�rg�rna cc�ovo---�-r�-ovc-pro:,- .
H: Bruce Edens, L.S. - President '�
0 •
COUNTY of FREDERICK
Department of Planning and Development
5.401665-5651
FAX: 540/ 678-0682
NOTIFICATION OF PUBLIC HEARING
April 3, 1996
TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S)
RE: THE APPLICATION OF ANDREW J. MAGUSCHAK - VARIANCE #002-96
On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public
hearing to be held at a meeting on April 16, 1996, at 3:25 p.m., in the board room of the Old
Frederick County. Courthouse, Winchester, Virginia. This hearing is to consider a request for a
10.73' front yard variance for an addition to an existing residence. The property is located at 101
Greenway Court in an RA (Rural Areas) Zoning District and is identified with Property
Identification Number 60A.-2A-A-16 in the Back Creek Magisterial District.
Any interested party may attend this meeting to speak for, or in opposition to, the request. You may
contact this office to have questions addressed.
Sincerely,
W. Wayne Miller
Zoning Administrator
WWM/cg
107 North Kent Street • Winchester, Virginia 22601-5000
This is to certify that the attached correspondence was mailed to the following on
fle the Department of Planning an.evelopment, Frederick
County, Virginia:
ANDREW J. MAGUSCHAK HIGH VIEW MANOR
120 OVERLOOK ROAD c/o Choate Hall
GORE, VA 22637 EXCHANGE PLACE 34th FLOOR
BOSTON, MA 02109-2891
W. Wayne Miller,/Zoning Administrator
Frederick County Dept. of Planning
STATE OF VIRGINIA
COUNTY OF FREDERICK
I, Be-' 1 A. Ha'' a Notary Public in and for the state and
county aforesaid, do hereby certify that W. Wayne Miller, Zoning Administrator for
the Department of Planning and Development, whose name is signed to the foregoing,
dated APE; 1 3, 19910 , has personally appeared before me and
acknowledged the same in my state and county foresaid.
Given under my hand this LA-th day of t�l- OE$ Iqq&
My commission expires on F4aj3rUg3(j a9 T _ Ici99
Hct--u
NO Y PUBLIC