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May 2, 1996
Robert & Kathy Emmons, Jr.
120 Confederate Drive
Winchester, VA 22603
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 678-0682
1:E: VARIANCE APPLICATION #003-96: ROBERT & KATHY EMMONS, JR.
Dear Mr. and Mrs. Emmons:
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 Zonipa Appeals approved your application for. a 5' setback variance for a single family
residence.
If you have any questions regarding the approval of this application, please feel free to call this
office.
Sincerely',
Michael: T. Ruddy
Planner: I
MT R/cg:
107 North Kent Street 4 Winchester, Virginia 22601-5000
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 678-0682
Tom. Finance Department
FROM: Karen A. Clark, Receptionist/Clerk II
SUBJECT: Return Of Sign Deposit
DATE: April 23, 1996
The amount of $25.00 was deposited in line item # 10-911-08 for the person named below as a
deposit for Variance Application #003-96. 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;
Robert S. Emmons, Jr.
120 Confederate Drive
Winchester, VA 22603
Please contact me if you have any questions.
RSA/kac
107 North Kent Street • Winchester, Virginia 22601-5000
BZA REVIEW DATE: 04/16/96
VARIANCE #003-96
ROBERT & KATHY EMMONS, JR.
LOCATION: The property is located at the intersection of Senseny Road and Anderson Street.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 6513-4-131
PROPERTY ZONING & USE: Zoned RP (Residential Performance) District; Land use - Vacant
ADJOINING PROPERTY ZONING & USE: Zoning RP (Residential Performance) District;
Land use - Residential
VARIANCE: A 5' front setback variance for a single family residence
REASON FOR VARIANCE: Due to the exceptional narrowness of the lot and the limited
building area imposed by the front setback onto Anderson Avenue, the variance is requested to allow
them to build upon the lot.
STAFF COMMENTS:
Within the RP (Residential Performance) zoning district, the minimum setback from the road right-
of-way is thirty-five feet, the side yard is ten feet, and the rear yard is twenty-five feet. Mr. and Mrs.
Emmons' property is located at the intersection of Senseny Road and Anderson Street and, therefore,
has frontages onto both of these right-of-ways.
The lot was platted in 1957, before the Zoning Ordinance was enacted. A seventy -five-foot front
setback from Senseny Road is evident on the original subdivision plat. There is no setback from
Anderson Street shown on the plat, therefore, the setback from Anderson Street is determined by
current standards which is thirty-five feet from the right-of-way. Taking into consideration the width
of the lot (79'), the front setback from Anderson Street (35') and the required side yard (IU), the
Emmons are left with an extremely restrictive building area. The width of the structure, if placed on
BZA Application #003-96
Page 2
April 8, 1996
the ten -foot side yard line, could not exceed thirty-four feet.
Mr. and Mrs. Emmons are aware of the narrowness of the building area and have been searching for
a house plan that would fit into the building area. The house plan submitted with the application is
of the house they are proposing to build. Placing the house on the ten -foot side yard line of the lot
would result in its being in violation of the ordinance by approximately four feet.
The Emmons' are requesting the five-foot variance in order to provide them a building area large
enough to place the structure on. (As the lot is slightly thinner at the rear, a five-foot variance takes
into consideration the rear corner of the building which would protrude into the setback slightly
further than the front corner of the building.) This variance will allow them to build upon the lot.
The surrounding lots are generally the same size as the Emmons' lot. However, this lot is unique in
that it has double frontage requiring an additional front yard setback of thirty-five feet onto Anderson
Street. This requirement is not shared by other properties in the vicinity. Other corner lots within the
subdivision are shown to have a twenty -foot front setback line from the road. The house located
directly across Anderson Street is located approximately twenty feet away from the Anderson Street
right-of-way.
Strict application of the zoning ordinance would effectively prohibit use of the property creating a
clearly demonstrable hardship approaching confiscation. Granting the variance would alleviate the
hardship. The hardship is not shared by other properties in the vicinity. Also, the character of the
district will not be changed by the granting of the variance, and granting the variance will not be of
substantial detriment to adjacent properties. Staff believes that this variance request meets the
criteria required for granting a variance.
STAFF RECOMMENDATION: Approval
File: KAWMCWCOMMENTSTMMONS.BZA
184A
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Location Map for PIN: 65B-4-A'
Application #003-96, Robert Emmons Jr.
page 1 of 5 APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
variance Application No
Submittal date
............... ...__ .._........
...
.................................................................
...............................................................
..........................
.........................................................
Fee Pad:'ye�
Sign Deposit yes
mittal Dead
the meeting
MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT
1. The applicant is the owner r� other (Check one)
2. APPLICANT:
3.
MM
OCCUPANT: (if different)
NAME: RG �?el^� K A by L YVN mZ-1 fL; aNAME :
ADDRESS jad lw�t'(�emie-bt ADDRESS:
U, ikryLe<,V-r , ft . C'
TELEPHONE* qt,) 1 t q- (c q51� TELEPHONE:
The property is located at (give exact directions and include
State Route numbers):
REM .► !I i' / r w i rr
-VAC ti�V* 1 tj 0 uVS - ( t�r,-4idf (,nckeV 5i �)
The property has a road frontage of q i feet and a depth
of '_feet and consists of acres. (please be
exact)
5. The property is owned by - r.
as evidenced by deed from jlGk+ e eY ��recorded
(previous owner)
in deed book no. on page ,3al , of the deed
books of the Clerk of the Court for Frederick County. Attach
a copy of the deed.
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)
*T r XX'V
m6lbtt�
r58-o - Z
page 2 of 5
6. Magisterial District:
7. 14-Digit Property Identif ication No.:(c,!5 (-j - Li R-1
8. The existing zoning of the property is: R.P
9. The existing use of the property is: VG.0(a.n-�-
10. Adjoining Property:
USE ZONING
North
Cie -
East p
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.")
5 r
inn �-Ct- & n Ky cLy-% Jn . , br c�. -�L k no 1E
��]�lfll l � FF: �I� N_Cl [1.r° _ 1 ! f1F' '�'�' �ll � C I lZI l'� IlG '�l!� f� i-!1 !`►r0
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. F�Fr,-�►o-n�� n�.r t-oi�nF�S �f '�--i,� Ian
r
13. Additional comments, if any,
Page 4 of 5 • •
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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 Prooert YOUR PROPERTY AdjoiningPropert
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IA
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IAddi-I
fin
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ftert Line
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----------------------=Center of Rood -------
Road
SHOW THESE MEASUREMENTS
10, 1b
45'
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Page 5 of 5
AGREEMENT
VARIANCE # O Q - (6-
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 APPLICANTje-0,1 DATE
SIGNATURE OF OWNER k", ,/yI/y/Mj,0, DATE
(if other than applicant
-OFFICE USE ONLY—
BZA PUBLIC HEARING OF ACTION:
APPROVAL
DENIAL
- DATE -
SIGNED
DATE:
FIRST
•
SECOND LEVEL
Bedroom
12'0' x 15'8'
Porch
34'6' x 8'0'
Kitchen !
8'0' x 11'0' I �'_--
I� Master
Dining Area Bedroom
9'8' x 1 V0' LLLL JJJJ 12'0' x 17.0'
Great Room
174' x 177
PorchFIRST LEVEL 34'6" x ' I
;', ;.fir :•:;Y,;�. .c'!' � ..'-;' �,:�
i
Call days a week, see pW 183 for more information.
TWIN DORMERS;7
A RUSTIC THREE-'
BEDROOM HOME
PLAN 9731
(REFER TO PRICE LEVEL L3)
❑ Entire left side of this house boasts open .
planning: The great room adjoins the L-
shaped kitchen and dining area; the fireplace
in the great room provides warmth to the
entire house. In the kitchen, a cooktop island
makes preparation easier.
❑ Master suite has a generous walk-in closet
(51411 x 610"); the bath (101811 x 10'8") features
a dual vanity, separate shower and spa tub.
❑ Two additional bedrooms on the second level
share a full bath; each has a walk-in closet
(5110" x 610"; 2110" x 61811).
❑ Plan includes a crawl space foundation.
/,TOTAL LIVING AREA 1622 sq. A.
FIRST LEVEL: 1039 sq. it.
SECOND LEVEL: 583 sq. H.
BEDROOMS:3 BATHS:2
Dona or morn p/
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see pia Sar'A/A.
BK748PG0326
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THIS DEED, made and dated this lath day of July, 1990,
by and between NORTHERN COUNTIES DEVELOPMENT CORPORATION, a
Virginia Corporation, hereinafter called the Grantors, and ROBERT
S. EMMONS, JR., and KATHY L. EMMONS, his wife, hereinafter
called the Grantees.
�-
� WITNESSETH: That for and in consideration of the aura
O
of Ten Dollars ($10.00), cash in hand paid and other valuable
s consideration, receipt whereof is hereby acknowledged, the
Grantors do grant and convey, with General Warranty and with
x English Covenants of Title, unto the Grantees, as tenants by the
v n
entirety in fee simple, with survivorship as at common law,
y together with all rights, rights of way, privileges, improvements
thereon and appurtenances thereto belonging, all of the following
realty:
All of that certain lot or parcel of land, together
with the improvements thereon and the appurtenances
thereunto belonging, lying and being situate in Shawnee
Magisterial District, Frederick County, Virginia,
designated as Lot 1, on the Plat of Burning Knolls
Subdivision, Section A, and shown on the plat of the
Deed of Dedication, of record in the Office of the
Clerk of the Circuit Court of Frederick County,
Virginia, in Deed Book 250, at Page lj And being a
portion of the same property conveyed to the Grantors
es; herein from Melvin B. Johnson, by deed dated December
r- 15, 1989, and recorded in the Office of the Clerk of
the Circuit Court of Frederick County, Virginia in Deed
Book 733, at Page 768. Reference is here made to the
aforesaid plat, deed and the references contained
therein for a further and more particular description
of the property conveyed herein.
This conveyance is made subject to all legally
enforceable restrictive covenants and easements of record
affecting the aforesaid realty.
The execution of this deed has been duly authorized by
ter,
1
rN�ocw+o�TaN
O�Ap
ATTOPWIVI AT 1Mr
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This
and
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the Directors of the Grantor Corporation and nothing in the
Corporate Charter or By -Laws reserves the power unto the
stockholders to convey a part of the corporate real property.
WITNESS the following signatures and seals:
NORTHERN COUNTIES DEVELOPMENT,
CORPORATION, a Virginia
Corporation
BY: Z46e-X4-(SEAL)
STATE OF VIRGINIA
64bp/County of , To -wit:
Ia Notary Public in
and for the State and jurisdiction aforesaid, do hereby certify
that as �1 a
duly authorized officer of NORTHERN COUNTIES DEVELOPMENT,
CORPORATION, a Virginia Corporation, whose names are signed to
the foregoing Deed,'dated this llth day of July, 1990, has
personally appeared before me and acknowledged the same in my
State and jurisdiction aforesaid.
Given under my hand this �� day of July, 1990.
My commission expires
FREDERICK COUNTY, SCT• to rr►e on the
meat of writing was produced
�Y of 19] L- a�
ertiticate of ac 6dgment t 1 a
ted to record, Tex Imposed by
and 58.54 have been paid 11 asaeseebN.
A, P CLERK
•
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BURNING KNOLLS SUBDIVISION
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�CHESTER FREDERICK
HEALTH DEPT.
LLIAM D. NASH
D. NASH, SANITARIAN
L LI N DAi L
NDALL, M.D. HEALTH DIRECTOR
0 BY COMMON COUNCIL, CITY
FESTER, VA.ROVEM8ER 12.1957
RANT CITY MANAGER
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SECTION "A"
SENSENY ROAD
SHAWNEE DISTRICT
FREDERICK COUNTY, VIRGINIA
I" = 100' OCTOBER, 1957
LEE A. EBERT, C. L. S.
NOV. 11, 1957
APPROVED FOR VA. DEPT. OF HIGHWAYS
BY. C. H. COFFMAN, RES. ENGR.
NOV. II, 1957
APPROVED FOR FREDERICK COUNTY BOARD OF SUPERVISORS
eY: C. M. ROSENBERGER_ CHAIRMAN
•
•
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 Site Plan
Master Development Plan Subdivision
Conditional Use Permit 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 V
Tax verification
Agency review comments
Adjoiner identification information
Other (please specify)
3. Did 76 have a discussion with a staff member before submitting the application?
Yes �No
4. WereJu able to receive the assistance or information that you needed from the staff?
Yes No
What additional assistance or information would have been useful?
5. What portion of this process took the longest for you?
Completing plans -�L
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?
•
COUNTY of FREDERICK
Department of Planning and Development
5401665-5651
FAX: 540/ 678-0682
HCAIFIC.AtICAN OF PUBLIC HEARHMG
April 3, 1996
0
`TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S)
RE: THE APPLICATION OF ROBERT EMMONS, JR. & KATHY EMMONS -
VARIANCE #003-96
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 5'
front setback variance (from Anderson Street) for a single-family residence. The property is located
at the intersection of Senseny Road and Anderson Street in an RP (Residential Performance) Zoning
District and is identified with Property Identification Number 6513-4-A-1 in the Stonewall
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
W WM/cg
107 North Kent Street a Winchester, Virginia 22601-5000
r This is to certify that the attached correspondence was mailed to the following on
l fie the Department of Planning an*velopment, Frederick
County, Virginia:
CHARLES MELLOTT IRENE JENKINS
2360 SENSENY ROAD 2374 SENSENEY ROAD
WINCHSTER, VA 22602 WINCHESTER, VA 22602
GEORGE E. GILES RAY FRIES, JR
2283 SENSENY ROAD 101 DIXIE BELL DRIVE
WINCHESTER, VA 22602 WINCHESTER, VA
W. Wayne MillerZoning Administrator
Frederick Count, Dept. of Planning
STATE OF VIRGINIA
COUNTY OF FREDERICK
I, 13oh A _ Halt 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 �'�' 3 19% has personally appeared before me and
acknowledged the same in my state and county foresaid.
Given under my hand this qih day of jp r I , l `IlQ
My commission expires on Februanj aci. 1()a9
,____:NOTARY PUBLIC