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HomeMy WebLinkAbout04-97 Lou Ann J Thompson - Opequon - BackfileVariance Request Tracking Sheet: Board of Zoning Appeals Date: File opened Reference Manual updated/number assigned i D-base updated YZ� 12 color location maps requested from GIS VL5 V Two sets of labels requested from Data Processing File given to Renee' to update bi-monthly report MEETING DATE: - - FINAL ACTION: CLOSE OUT FILE: Approval (or denial) letter mailed to applicant/copy made for file File stamped "approved"/"denied" or "withdrawn" ✓ Reference Manual updated V D-base updated JEW 3,V, qi 3 -20-q'7 File given to Renee' for final update to bi-monthly report K.\WP\Ch1N\CIG CR\TR.>CKING BZ> I U CASH RECEIlee PAP ACCOUNT HOW PAID CASH RECEIPT ?� - �.. Date 19 -{0025629 Received From Address For Dollars $ Bill10 • • �. CL AMT. OF ACCOUNT CASH r AMT. PAID CHECK B /,`K.� Y e BALANCE DUE MONEY ORDER • FILE COPY I March 19, 1997 Ms. Lou Ann J. Thompson 160 Headley Road Middletown, VA 22645 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 RE: VARIANCE APPLICATION #004-97: LOU ANN THOMPSON; PIN 92-A-17A Dear Ms. Thompson: 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 for a 35' front yard setback variance for a detached garage If you have any questions regarding the approval of this application, please feel free to call this office. Sincerely, Michael T. Ruddy Planner I IU"CAM 107 North Kent Street • Winchester, Virginia 22601-5000 0 r BZA REVIEW DATE: 3/18/97 VARIANCE #004-97 LOU ANN J. THOMPSON LOCATION: The property is located at 160 Headley Road in Middletown. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 92-A-17A 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 35' front yard variance to allow for construction of a garage. REASON FOR VARIANCE: See attached letter dated 2-21-97. STAFF COMMENTS: Within the RA (Rural Areas) zoning district, the minimum setback for an accessory structure is 15'. Section 165-23E of the zoning ordinance states that in no case shall an accessory structure be placed within the front setback yard required for the principle use. The applicant is proposing to build a detached garage 25' from the Duckhorn Lane right-of-way. This would require a 35' front yard variance. In this case, strict application of the zoning ordinance does not prohibit the use of the property for residential purposes. The principal use of the property is residential. 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 160 Headley Road Middletown, VA 22645 February 21, 1997 Dear Sirs: I need your help and consideration on the zoning variance which I request to build a garage next to my home. My father deeded an acre of land to me in 1976. My son, his wife and child have, in August, moved into my home and found an immediate need for storage space. Unfortunately I have very little area of usable land to be able to build a garage aside from where I am requesting the variance. It is a very difficult acre to position a much needed garage on so this variance would be a tremendous help to me. 1. The front of my house which faces Huttle Road, has a steep slope which would require a tremendous amount of back fill as well as the placement of a garage in front of my house and view would be very disappointing. 2. The pool, septic and drainfield encompasses the back yard. 3. 1 would run into the same easement problems on the south end of my house. I have been a life long resident of Frederick County and I hope you will consider this unusual request so that I can continue the building. Sincerely, ' u Ann Thompson Enclosure 1 a. 3B 8A N p� 5 3A $ . w E co �F� X. J \ O 5 5 �J 13y� 12 9 1 p 10 HotUe E 12B a / 0 Rp° 12A 11 36A I F _ ;� 13A 14 s� o G- s 94 K Qf J A- 21 36 _ D 95 3A Rood ro 9- 16 R 17 Sq H°ovi° 92 93 ROoo 22 20 33 2 pts. 18 23 34 80 19 33 2 pts. 25 24 77 10 27 e p 415-55 11, 26 28 71 76 29 �� sr-tos 2n-4a4 COUNTY 76A COUNTY FREDERICK 31 �2 �k -LINE WARREN LINE �5 (W3-1) VARIANCE #004-97 PIN: 92—A-17A Lou Ann J. Thompson (All zoning is RA) w- page 1 of 5 APPLICATION FOR VARIANCE -_',` sT�, IN THE '' COUNTY OF FREDERICK, VIRGINIA, '}t 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: ly-)0 jY _: NAME : —56ry ADDRESS1(,C) UVcdj-ev ADDRESS: s4A L+p�-un V.4 TELEPHONE:;JTU 4q, 16_5, 6 TELEPHONE: 66 0,;? 7 �L AV) 3. The property is located at (give exact directions and include State Route numbers): 4. The property has a road frontage of jq(D feet and a depth Of 12*114 feet and consists of acres. (please be exact) 5. The property is owned by Lo tJ- as evidenced by deed from recorded (previous o er) in deed book no. J on page `7 % of the deed books of the Clerk of the Court for Frederick County. Attach a copy of the deed. 0 :7 page 2 of 5 6. Magisterial District: ( )0�10 U(D 7. 14-Digit Property Identification No.: 9A - i—%A 8. The existing zoning of the property is: CJ Lro-a 9. The existing use of the property is: 10. Adjoining Property: USE ZONING North -rn)r)� A East Q A South -( Q q West 11. Describe the variance sought in terms of distance and type. (For example: "A 3.5' rear yard variance for an attached two Q car garage.")%� N 3,5 , `_T rr (- L �'L l Ci ✓� t 1 L�1;� � K' Lei - j� 1 cC A'n-t21Ci 0 n c,-L Qie . 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 .`)Ee= r4 I (2 r E-)r r-I - 00 13. Additional comments, if any 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-3 -- t i I , 01 /rr,!il. Page 5 of 5 VARIANCE # AGREEMENT 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 APPLIC t / / / SIGNATURE OF OWNE ATE c`/d/ � 7 (if other than appli nt) -OFFICE USE ONLY- BZA PUBLIC HEARING OF ACTION: APPROVAL DENIAL - DATE - SIGN DATE 335 71, IT 636 461 rut 335 19MAR76 a or Nj U A A C, 2, --. _3 -_-_3 \--�rn 0 Af 4C. t! The &be" plat represents a survey of a portion of the Land Convey" to Jazes K'W. Judy and Arm& r. Judy by loads dated 21 March 196A and 4 June 1968 and recorded 1 11 _- - is the prederick County Court Clarks Off Lee in Dead Book 343 at Page 514 sad Pass r1h .323 respectively. It I 'I, U, at side of Backhorn Low. a short distance The said land fronts the Southwest t of Virgials Route 636 In Op*quan District, Trederick County, TirgiaLas sad Is bounded u follows ftoftw at as iron pin set in the Uath line of suckhorn Lane ("Id via pm be found by numurin 3 56* 30' 2 6M f t - from Routs 636)1 theme vita the said 11" of B04kbw*m Lass, S 560 301 Z - 243.00 ft. to An Iron pin set. a corner M., the Retained Portions theme with thres.new division Hiles of the ItItaint Is" peruse as fallow,@$ S 316 30, w - 190.00 ft. to an I." PIA sat; theme 31 56 30 w 248.00 ft. to an iron pin set; theme N 31 30' 190.00 ft. to this beXisaftge . . . . . ... 1.092 Acres wayed 3 April 1976 DOUGLAS C. LEC"a 7 to CLAWCATE W. FAHnY_VARLU= APPROVED 19MAR76 H. Ronald Berg 'Deputy Subdivision Adainistrator 0 LA FNJ 0 VIRMNLA mmmum couary, scr. 7ILLs instrument Of Writing was produced to =0 Cm the r.? 0 day of and, with cartWcatfol 4icknowildgmetnt thereto annexed Was -.I admitted to recorcL Tax im?asad oy S,—, S&S4.1 of &a 53-54 have bees p&kL if J7 �i iin.' ��'.t ,•0#AA***A*AArRrAIA**R***r****A** • . 375 A DAVID C. THOMPSON, ET UX • TO: ss ss DEED • '~ LOU ANN THOMPSON • 774 THIS DEED, made and dated this 14—�day of 1979, by and between DAVID C. THOMPSON and LOU ANN THOMPSON, his rife, parties of the first part, hereinafter called the Grantors, !:- and LOU ANN THOMPSON, fame sole, party of the second part, hereinafter called the Grantee. ` WITNESSETH: That in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations paid the 3611 t� 1rantors by the Grantee on or before the delivery of this Deed, k�:::•; the receipt of all of which is hereby acknowledged, the Grantors t; �s�r,'� hereby grant and convey, with general warranty, unto the Grantee •: , Yv;;':;.>',;. in fee simple, the following described real estate, together ' aw"+�;•�_.;with all rights of way , privileges and appurt enances thereto �4L'iL+' belonging and subject to all easements and legally enforceable restrictions of record affecting such realty: All of that certain lot of land lying and being situate in Opequon District, Frederick County, Virginia, fronting on the southeast side of Buckhorn Lane, a short distance Southeast of Virginia Route 636, containing 1.082 acres, and being more particularly described by a plat and survey description of Douglas C. Legge, � C.L.B., dated April 5, 1976, which is attached to the hereinafter mentioned Deed from James W. Judy, at ux, to the parties of the first r party and being the same realty which was V conveyed to the parties of the first part by dead of James W. Judy, at ux, dated the 16th �<�t,�,•• day of July, 1976, and recorded in the Office :,- of the Clerk of t2:e Circuit Court of Frederick County, Virginia in Deed Book 461, at Page 333. This conveyance is made to the said Grantee as her sole and ��a" •i:. separate estate, free from the debts and controls or marital rights including curtest' of any present or future husband that she may haver she may encumber said property or convey the same, °yt by her sole act, without the union of her said husband in any t-f deed that she may make with reference thereto: and she shall in all respects hold or disc pa pose of said property just as though she p.o a sswoa '.w..w...uw were a fame sole. k i.. The Grantors covenant that they have the right to convey M Diamond Uniforms and Formalwear, Inc. 200 Reliance Road Middletown, Virginia 22645 1-800-635-9822 FAX 1-540-869-4288 l %-duo.._T .. '�" t Y • B ♦ '�' - �.. *�� NY• � � if � � _1 .... rig �1 J,A",ti a 'I r � � '•� �.`� �: "! � \� ,��` � , . OF fill! i COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 I AIFICATIC I I Or PUBLIC ;- EAIRI, IG March 4, 1997 TO: - THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE APPLICATION 4004-97 OF LOU ANN J. THOMPSON On behalf of the Frederick County Board of. Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, March 18, 1997, : at .3:25 p.m., in the new board room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This hearing is to consider the application of Lou Ann J. Thompson for a 35' front yard setback variance for a detached garage. The property is located at 160 Headley Road and is zoned RA (Rural Areas). The site is identified with Property Identification Number 92-A-17A in the Opequon 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; Michael T. Ruddy Planner I MTR/cc 107 North Kent Street • Winchester, Virginia 22601-5000 • • This is to certify that the attached correspondence was mailed to the following on A/vCk :!� Z 9 9 7 from the Department of Planning and Development, Frederick County, Virginia: 92 A 17A 92 A 17 THOMPSON, LOU ANN JUDY, JAMES W JR & BONNIE 160 HEADLEY RD 835 HUTTLE ROAD MIDDLETOWN, VA. MIDDLETOWN, VA 5 22b4..,__ 22645-- 92 A 18 JUDY, JAMES W. SR. & ANNA F.& 935 HUTTLE RD MIDDLETOWN. VA 22645•- STATE OF VIRGINIA COUNTY OF FREDERICK 92 A 21 STEELE. DANNIE L. 731 HUTTLE RD MIDDLETOWN, VA. k�d Michael T. Ruddy, Planner I Frederick Co. Planning Dept. 22b45- I, EJI l l 1 fTn1 1 � a. I I , 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 anJ County aforesaid. Given under my hand this L'1 day ofmacrh-I� My commission expires on OTARY PUBLIC Adftk G.I.S WORK ORDER L'GIS Department of Planning & Development 107 N. Kent Street Winchester, VA 22601 (540)-665-5651 The following information needs to be supplied to request production of mapping or grophia from the Planning Department. DATE Z ST DEPARTIIENT• CONTACT. PHONE: DESCRIPTION � �O OF PROJECT:INn a p �7_ i REQUESTED CObfPLETION DATE: �" 0 / } — For Planning Department Use — Materials ,& Supplies: Keep in Storage? Yes No Public Use Fee Total Time Spent on Project: Comments: