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HomeMy WebLinkAbout13-96 Danny R Maxwell - Stonewall - Backfile7-,29 n�` ;—Lax-- 6zlz" F- % .. • _ CASH RECEIPT Date Received From 19 ' ("� r349 9 .£t.l C �. Address For Dollars $ 01 ACCOUNT HOW PAID L AMT. OF ACCOUNT - CASH AMT. PAID CHECK BY BALANCE DUE MONEY ORDER COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 MEMORANDUM M Finance Department FROM: Karen A. Clark, Receptionist/Clerk Typist II SUBJECT: Return Of Sign Deposit AT August 27, 1996 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 #013-96. He has now returned the sign and is therefore entitled to the return of his deposit. Please send a check in the amount of $25.00 to: Mr. Danny R. Maxwell. 108 Camden Drive Winchester VA 22602 Please contact me if you have any questions. RSA/kac i 107 North Kent Street • Winchester, Virginia 22601-5000 ,,,�...,k�. - • FILE COPY �♦1v'�A+. 4♦w.JM COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX:540/678-0682 August 21, 1996 Mr. and Mrs. Danny R. Maxwell 108 Camden Drive Winchester, VA 22602 RE: VARIANCE APPLICATION #013-96: DANNY R. AND SHEILA L. MAXWELL Dear Mr. and Mrs. Maxwell: This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their meeting of August 20, 1996. The Board of Zoning Appeals approved your application for a 6' front yard setback variance for a covered front porch. 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 0 0 BZA REVIEW DATE: 8/20/96 VARIANCE #013-96 DANNY R. & SHEILA L. MAXWELL LOCATION: The property is located at 108 Camden Drive. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 5 51-1-2-1-11 PROPERTY ZONING & USE: Zoned RP (Residential Performance) District; Land use - Residential ADJOINING PROPERTY ZONING & USE: Zoned RP (Residential Performance) District and RA (Rural Areas) District; Land use - Residential, Vacant and Agricultural VARIANCE: A 6' front yard setback variance for a covered porch REASON FOR VARIANCE: To build a covered front porch. STAFF COMMENTS: Within the RP (Residential Performance) zoning district, the front yard setback for principal structures is 35'. The applicants wish to construct a porch that is 6' in width. This proposal would place the principle structure 29.4' from the property line. In this case, the applicant has not demonstrated that a hardship approaching confiscation of the property exists. Strict application of the zoning ordinance would not produce an undue hardship to the applicant and would not prohibit the use of the property for residential purposes. 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 page 1 of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA variance Application 'No.f" submittal Deadlin Submittal Date For the meeting of Fee Paid yes initials: sign Deposit yes Sign Return Date: MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner V other . (Check one) 2. APPLICANT: II OCCUPANT: (if different) NAME: �nnNy 12 , SnGi 1�0 L, ►M mwe NAME: -T ADDRESS /y$ CA-nd,*,/ 14, vc ADDRESS: TELEPHONE : loeool- 3 J 93 TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): 47go►r, W�',i45-Tb►2 7,qke 1?1' % 6-ASf Tyr2n� k%gh7 oN-/p /?f % 7 (U^11eN MA �oA�, T,," keff oW of lei' 699 ON To t'A1%0'F1V gous- otj 4�t 4. The property has a road frontage of 90.E feet a "depth `% of / _� feet and consists of , a3 acres. exact)Plips00 5. The property is owned by J Ann Q, £ 5�e,1A L AAAxwe I/ cv ,�q✓ as evidenced by deed from R'c�rr�n q, keeL-pe r` CAS S ce eK ¢r,e (g (previous owner) 6! 4 in deed book no. '9 aLf on page a St/ of books of the Clerk of the Court for Frederick County. A a copy of the deed. page 2 of 5 6. Magisterial District: wN STo T JGw 7. 14-Digit Property Identif ication No.: 55 H 00 - -3 - 000f DO d 7 8. The existing zoning of the property is: fF P W 9. The existing use of the property is : 'Ax e_J J I m a 10. Adjoining Property: USE ZONING North 1/ A CANT R _P East A,sC%Ltki-ve_^d- R A South Res; oeot.A(_ R P West VA, -ANT F i? 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.") ,r1 r �G -f2oNi VAgD VAQIpNLe }�k wtejt�, Ok J�A kwX -64- A COJel2t O DO 2 e-k . 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 This V Aa , ANC_e I S �e l nG S,'vgh+ So -K At r ►� A!U b�,, �'( u eOVQpek 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 — Aaaress , /oa CK1►rodcw V f' _zz6'O - Property ID# 55 N an - a._ d®cap - Coll Address R. ),11y 13, SNAP t,So�i 1 6 el-undcli Az"vC , L"ho l�ss`cr� V/3 22hoz Property ID# L5 'Do (10221 o© 10 Aaaress �STc-�2ni �2ec%c2�"ci< pe��I�puNes�l� ? a, 30'x 'Ra CJ-7 VA 2'ZGO L - CO, Property ID# j Address WT% VO 22W/ beod o pv,,,. ��o, Property ID# _ 5159 00 a--0001--C)Oa3 PASICRN F2x0c-C'6L �'PU• '&Jx ac-)(O L'J;hct,esiC-K UA Z2-60LI- Property ID# Address J s c7b - ocxz)1--c)o acf Property ID# Address 55 CJoC)- C)000— I $l -Property ID -Address -Property ID Address Property ID Address Property ID Address Property ID 0 C� 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 APPLICANTcv,U� SIGNATURE OF OWNER (if other than applicant) —OFFICE USE ONLY— BZA PUBLIC HEARING OF — DATE — APPROVAL DATE `7 -arb-9( DATE ACTION: DENIAL SIGNED: BZA CHAIRMAN DATE: 10Y) V Irl i�r2o e U k i f VAcnNT LOT AEc K �y 1 ADo.-,i=YN �°� AVDd"00 i � C m r z 301 (o" 04 lRo4k> 578:03 NEW FTRIS TO CERTIFY THAT ON AUGUST 22, 1995 I MADE AN ACCURATE SURVEY OF THE PREMISES SRI ND THAT THERE ARE NO EASEMENTS OR ENCROACHMENTS VISIBLE ON THE GROUND OTHER TEAR OWN HEREON. T DOES NOT FALL IN A FLOOD HAZARD ZONE. LAT IS RECORDED IN DEED BOOK 824 AT PAGE 1258. LOT N /F SCHULLER S 02°53'13"E 80.00' .L _ _ / N 02053'13"W 80.00' CAMDEN DRIVE (50'R/W) tK844H1743 ipf tale box caty I HOUSE LOCATION SURVEY FURSTENAU SURVEYING STEPHENS CITY, VIRGMA 22655 LOT 10 0 0 ui N �3 11� I0 t\ I00 Ln 35' BRL �++ of y 0 ' DAVID M. FURSTENAU NO. 1455 ipf 293' TO PC RTE 659 LOT 1.1 SECTION 1 RSBURY TERRACE SHAWNEE DISTRICT FREDERICK COUNTY, VIRGINIA DATE: AUG. 22, 1995 SCALE: I" = 25' DWN. BY: TIIIS DEED made and dated this _ day of 1995, by and between RICHARD A. KEELER and CAROLYN S. KEELER, his wife, parties of the first part, hereinafter called the Grantors, and DANNY R. MAXWELL and SHEILA L. MAXWELL, his .wife, parties of the second part, hereinafter called the Grantees. WITNESSETH: That for and in consideration of the sum of Ten ($10.00) Dollars, cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby grant and convey with general warranty of title unto the Grantees, in fee simple, as tenants by the entirety with common law right of survivorship, 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, and more particularly described and designated as Lot 11, Section One, Asbury Terrace, as shown on that certain plat of subdivision drawn by H. Bruce Edens, C.L.S., dated June 15, 1988, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 824 at Page 1254, et seq., and more particularly described by survey of David M. Furstenau, L.S., dated August 22, 1995, attached hereto and by this reference made a part hereof as if set out in full; and being a portion of the same land conveyed to the Grantors herein by deed dated April 7, 1995, from Eastern Frederick Development Company, a Virginia Partnership, said deed being of record in the aforesaid Clerk's Office in Deed Book 836 at Page 1719. Reference is made to the aforesaid plat and deed for a more particular description of the property herein conveyed. This conveyance is made subject to all rights of way and restrictions of record affecting the subject property and more particularly to those provisions of the Camden Drive Association, Inc., a non -stock Virginia Corporation, as set forth in the Deed of Dedication of Asbury Terrace, Section One, of record in the aforesaid Clerk's Office in Deed Book 824 at Page 1235, which Homeowner's Association and the Grantees herein agree to join by the acceptance of this deed, and further this conveyance is made subject to those certain restrictive covenants set forth on Exhibit A attached to the aforesaid Deed of Dedication of record in the aforesaid Clerk's Office in Deed Book 824 at Page 1235, et seq. The Grantors hereby covenant that they have the right to convey to the Grantees; that the Grantees shall have quiet and peaceable possession of the said property, free from all liens 2 • 72 and encumbrances; and they will grant such further assurances of title as may be requisite. WITNESS the following signatures and seals: 9� G. (SEAL) RICHARD A. KEELER CSC 9 , At (SEAL) CAROLYNJS. KEELER STATE OF VIRGINIA, CITY OF WINCHESTER TO -WIT: I, DOROTHY H. CONNER , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that RICHARD A. KEELER and CAROLYN S. KEELER, whose names are signed to the foregoing Deed, dated September 1 , 1995, have personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 1st day of September, 1995. My Commission expires February 29, 1996 deeds\kee1er\10,136\bmb:dhc 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 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? 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? self eg1P&' J01q , 7. Do you have any suggestions about what we could do to make this process work better? vokC. 0 • COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 IsICAIFICAtICANI OF PUBLIC HEARING August 6, 1996 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: 'THE APPLICATION OF DANNY AND SHEILA MAXWELL - VARIANCE #013-96 On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public . hearing to be held on August 20, 1996, at 3:25 p.m., in the board room of the Old Frederick County Courthouse in Winchester, Virginia. This hearing is to consider a request by Danny and Sheila Maxwell for a 6' front yard variance for a covered porch. The property is located in an RP (Residential Performance) District at 108 Camden Drive, and is identified with Property Identification Number 55H-2-1-11 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, Michael T. Ruddy Planner I MTR/cg 107 North Kent Street • Winchester, Virginia 22601-5000 This is to certify that attached correspondence was d to the following on �llu . G) 199C from th0epartment of Planning and Devel . ment, Frederick Coun�y, Virginia: Danny R. & Sheila L. Maxwell Eastern Frederick Development Co. 108 Camden Drive P.O. Box 2097 Winchester, VA 22602 Winchester, VA 22604 William H. Schuller Donald R. & Polly B. Anderson P.O. Box 897 106 Camden Drive Berryville, VA 22611 Winchester, VA 22602 Richard A. Keeler 204 Taylor Street Berryville, VA 22611 Michael T. Ruddy, Planne I Frederick County dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK II I, ()nn l i , a Notary Public in and for the state and county aforesaid, do hereby certify that Michael T. Ruddy, Planner Ifor 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 and county foresaid. Given under my hand this 0 day of My commission expires onFehr�jaN I l L TARY PUBLIC