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HomeMy WebLinkAbout15-96 Aaron L Mitchell - Back Creek - Backfile1:2 �- M Received From CL Address or `For 6 S AMT OF ACCOUNT AMT PAID BALANCE DUE -0-025027n. Da CASH CHECK MONEY ORDER By. Dollars $ ell 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 Typist II SUBJECT: Return Of Sign Deposit DATE: October 2, 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 #015-96. 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. Aaron Mitchell 103 Stonewall Drive Winchester, Va. 22602 Please contact me if you have any questions. RSA/kac 107 North Kent Street •''Winchester, Virginia 22601-5000 I September 18, 1996 Mr. Aaron L. Mitchell 103 Stonewall Drive Winchester, VA 22602 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 RE: VARIANCE APPLICATION #015-96: AARON L. MITCHELL, PIN 70-1-3 Dear Mr. Mitchell: This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their meeting of September 17, 1996. The Board of Zoning Appeals approved your application for a 10-foot front yard setback variance for a principal structure. 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 Dent Street • Winchester, Virginia 22601-5000 • BZA REVIEW DATE: 9/17/96 VARIANCE #015-96 AARON L. MITCHELL LOCATION: The property is located at 200 Duck Run Lane. From Winchester take Rt. 50 West to Rt. 614; go left on Rt. 614 (Rt. 614 merges with 600); continue on Rt.600 until you reach Duck Run Lane; turn right; Lot # 3 is the third lot on the right. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 70-1-3 PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Vacant ADJOINING PROPERTY ZONING & USE: Zoning RA (Rural Areas) District; Land use - Vacant, Agricultural and Residential VARIANCE: A 10' front yard setback variance for a principle structure. REASON FOR VARIANCE: See attached letter. Specifically, exceptional topographic conditions. STAFF COMMENTS: Within the RA (Rural Areas) zoning district, the front yard setback requirement is 60'. The applicant's request for a 10' variance would place the proposed principle structure 50' from the road right-of-way. In the attached letter, the applicants have expressed numerous reasons for seeking the variance. Staff believes that the principle issue to consider when evaluating this variance request is the existing topographical condition of the property. The lot the applicants plan to build on is more than 10 acres in size. However, the only area of the lot that appears to be developable is the portion that fronts onto Duck Run Lane. The only access to the lot is via Duck Run Lane. The entire front portion of the lot slopes away from Duck Run Lane toward Duck Run. This slope is relatively manageable until you reach the approximate location of Variance #015-96 of Aaron L. Mitchell Page 2 September 9, 1996 the rear of the house. This location is marked by stakes. At this point, the incline of the lot slopes away quite steeply. It appears that locating the house any further away from the road than at its current staked location would be possible, but somewhat challenging. An alternate house layout may be a possibility. The exceptional topographical condition of this lot does constitute a hardship. However, this condition is not unique to only this lot. Other neighboring lots along this side of Duck Run Lane share the same topographical conditions. Therefore, in accordance with the Code of Virginia, Section 15.1-495(b), this variance should not be authorized by the Board as the hardship is shared generally by other properties in the vicinity. Also, the hardship must be created by a strict application of the ordinance. The location of the septic tank, and the initial incorrect location of the proposed house, constitute hardships that are self- imposed. Relief by means of a variance should not be granted as the hardship was not created by strict application of the ordinance. STAFF RECOMMENDATION: Denial, as the hardship is shared generally by other properties in the same vicinity. Adk N s v°` 4 �U 5 Rt. �90 13 16G 1 W E 0 1 9B 16J Ode s 9 15 WOrdef\gv\\\e 43 7 14 16E $ 6� 22A 8 �. 22B 0 0 cO 17 � Q 22 °de g;a�e 42 21 23 25 � Duck 24 V 26 2 19A 19 See 21 5 16 4 3 28 07 Duck Run 2 1 °n 2 o c 18 A u 8 9 s �O 14 "^ 10 11 c 15 13 31 12 38 32 33 6�0 37 �N. Zoning RA 36 6p0 35 Location Map for PIN: 70-1-3 Variance #015-96 for Aaron L. Mitchell page 1 of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA — ICE USE .ClNLY OFF Variance Application No. !- Submittal Deadline '�`. Submittal Date For the meeting of Fee Paid yes Sign Deposit yes initials: Sign Return Date: MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner Xx other . (Check one) 2. APPLICANT: NAME: Aaron L.Mitchell OCCUPANT: (if different) NAME: ADDRESS 103 Stonewall Drive ADDRESS: JC? Winchester, VA 22602 Q' TELEPHONE: 540-662-6782 TELEPHONE: 3. The property is located at (give exact directs Xnclude State Route numbers): From Winch.E!ster take Rt. 50 West to Rt. 614 Go Left on Rt. 614 ( Note: 614 merges with 600 ) Continue on Rt 614/600 until you reach a STOP sign Turn right at STOP sign and continue on Rt 600 for 1.2 miles. Turn right on Duck Run Lane Lot #3 is the third lot on the right. Note: approximately 17 miles from Winchester Hosptal 4. The property has a road frontage of 568 feet and a depth Of 1.443 feet and consists of 10.18,3 acres. (please be exact) 5. The property is owned by Aaron L. & Brenda L. NitchelI as evidenced by deed from penni s tJ. Waters recorded (previous owner) in deed book no. 472 on page 500 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: Rark Creek 7. 14-Digit Property Identification No.:7Q_1_�j 8. The existing zoning of the property is: RA 9. The existing use of the property is: vacant 10. Adjoining Property: USE ZONING North agriculture RA East _vacant RA South vacant RA West residential RA 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.") 1_0' frnnt yard gethaek variance for house (principle structure) 12. List specific reason(s) why the variance is being sought in terms of: exceptional narrowness, shallowness, size or shape of property, or X- exceptional topographic conditions or other extraordinary situation or condition of property, or the use or development of property immediately adjacent thereto 13. Please See Attachment } 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- dicrit property identification number) NAME 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 Adjoining Property v I� t r _ 'Addi- _ d ct Propert Line i ----------------------=Center of Road ------- Road SHOW THESE MEASUREMENTS PLEASE SEE ATTACHED PLAT C ft POOK 472 Pncf 500 00 � Os ar n s o i90• W N i9 N .9NN©�,� JJ. TON N. �" • y V, 0 4 • a n . a E nn o n-(Ap Onvv�>o� �p c 1 1 (� O T -1 A O= (� n • r '� 0 r^ N ." r NO 111 lP\n A �W r N A 8 t Sj -� N N n•3 N p fA+�m N 04 1,*r `snoya�o�,n4r-i>o� nnvf r nn 1> r �A ., v1 Ofir r " Oil(� OVIo �p � f VI tootoW U' N W U O O Q� fJ d) w� o OrTN \d?�`JV i a J N vo4 OD CJ 4, Ln t j n Ln f N© �>i , . D ��? 4 gq .. e6' NW � \ (P• N ' r —i-4 9l Z G s mrsysr�.tk•N o rr) L2•EI SE,{� V,, � ' N p �; O CD J _ d, t9 _j 1 4 yL I m�LSJ. .£( N l/N �ri J J,QtJ l/� G, l3 .A 19^ Wes•, pC Ol7 ��Q l!1 I I N %r g• ry i+ n UP N 0). LA�° 0`0 1 1 ,le'o4z 1 vV , 52dO,L1,N Ln W 9 g to „> •'� / 41 S S 1 v T r. a"3� p0 9• I (���01 21.16N ti •A o -3 N p N D� N •icy �. o W O LP O O tli ,o Q ✓� 0 fP JI pp V V ti t1 v n,a IRK S 6, 0. N N n >�l LP J A tP Loll > �N 0 o (n N r . �9 U', W 0 rJ - z h t rT 6 i �•�. 0 vt", N uw N /r" nz Z V � W 05 GS Z� o�C N ^ N A -3N N N-i 5N ; A mP �. Op �C fTl D m r� f i / U) T O L1rn N a Ao N 6vN o o P •�y INiA FREDERIC`� CCU,17y, SCT. VIRG This in trument /o writing was produced to me on the day of (, . at ertificat of acknowl,dg'nent thereto annexed was and wi ��c. d?,•a4.1 of admitted to record. /rand"'5d-54 have be©n paid, if• assessable. Clerk. �a(4f� • Health Department Identification Number Schematic drawing of sewage disposal system and topographic features. PAGE OF Show the lot lines of the building lot and building site, sketch of property showing any topographic features which may impact on the design of the system, all existing and/or proposed structures including sewage disposal systems and wells within 100 feet of sewage disposal system and reserve area. The schematic drawing of the sewage disposal system shall show sewer lines, pretreatment unit, pump station, conveyance sys- tem, and subsurface soil absorption system, reserve area, etc. When a nonpublic drinking water supply is to be located on the same lot show all sources of pollution within 100 feet. ❑ The information required above has been drawn on the attached copy of the sketch submitted with the application. Attach additional sheets as necessary to illustrate the design. ,')I r m d -1A A.1k _ 1 : 1q9 i iZ Li r—i (l.✓ d .7 it '0 +v C ° C a1 /A/ IV73 Sb 3 7 W114N� =-)v d IrOA,r, rP1Ifi ,ur z u l + vl 7-0 ow C p Al � `77 vt C ?7 0 Al �lee",wr-11- Mrs' I3E Fel 1.0 /j'V u rfci tY. MDtJj::) %r —� 1. K fit •�' 1 4 f ` l s � jVJT !?` C{.1 in�I vie 1 C C A rt/ The sewage disposal system is to be constructed as specified by the permit ❑ or attached plans and specifications ❑ . This sewage disposal system construction permit is null and void if (a) conditions are changed from those shown on the application (b) condi- tions are changed from those shown on the construction permit. No part of any installation shall be covered or used until inspected, corrections made if necessary, and approved, by the local health department or unless expressly authorized by the local health dept. Any part of any installation which has been covered prior to approval shall be uncov- ered, if neces ary, on the direction of the Department. Date: Z / -7u 9y Issued by: 1.4 This Construction Sani7tw, n Permit Valid until Date: Z 1 18q I Reviewed by: _ r �• — Supervisory SanitB n -------------------------------------------------------------------------------------------- If FHA or VA financing Reviewed by Date C.H.S. 20M Reviswd 644 Supervisory Sanitarian ll-?A Date Regional Sanitarian =9 MOORELAND • Traditional Exterior, Handsome Accents 1,882 total square feet of living area Special features _Ill�il = MBr = 15-Ox14-4 Dining 11-8x12-0 covered porch ■ Wide, handsome entrance to the ��ultOd-coili�9 Great Room 24-ox17-0 L vaulted great room O --Vaulted _celliny._ , Kit ■ Living and dining areas are 12-gxt�-o conveniently joined but still allow C O U o 11-6x9-0 privacy _ a P = ■ Private porch extends breakfast Illliil; D area ------------- II Ii ,De �w ■ Practical passageway runs Foyer — through laundry and mud room sr s er 2 from garage to kitchen 11-ox11-3 12-Qx11-s — ■ Vaulted ceiling in master bedroom = Porch Garage ■ Home has 3 bedrooms, 2 full baths 20-ox2o-7 and a 2-car garage ■ A basement foundation is standard with this design ■ This plan is customizable; see Page 4 for full information C To order this blueprint use Plan # 017 - 01 6 2 the form on page 83 or phone 60 toll -free 1-800-367-7667 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 APPLICANT �Q,c.�y�JO 2W4&4z&ATE SIGNATURE OF OWNER (if other than applicant) -OFFICE USE ONLY- DATE BZA PUBLIC HEARING OF ACTION: - DATE - APPROVAL " j� I I DENIAL SIGNED: L—J BZ CHAIRMAN DATE: • • -kugust 23. 1996 My wife and I purchased Lot No. 3 in Duck Run subdivision in January of 1995. Our intention is to build a home that will become our permanent residence. We plan on building the house ourselves. as we did 19 years ago with our current Frederick county residence. Our estimated completion time is 12 months. If I may I would like to describe the sequence of events that lead me to this request for a 10 foot variance to the 60 foot front setback requirement. I contracted with Roger's Excavation to install the septic system. using the suggested house location from the health department we staked out the house in order to establish the location of the septic tanks etc. The septic tank location needed to behind the house in order to get gravity feed from the basement. ( The septic system is a pump system). I established the 60' front setback. I used what I thought was an iron peg indicating the location of the 40' right of way. As a matter of fact I thought I was 66' from the right of way. I applied for my building permit with Frederick county. The building permit indicated a 60 foot setback. I/Iy excavation contractor cleared the drain field area and the proposed house site. He excavated the foundation and then set the septic tanks behind the house location. I was informed by the inspections department that my 60 foot setback required verification by a surveyor. I contacted Marsh & Legge to establish the 60' setback from the right of way. It was at this point I realized the proposed house location was 54 feet from the right of way. Repeated attempts at relocating the house site has proven unsatisfactory and thus resulted in me requesting the front setback variance. Despite the fact that this is a ten (10) acre tract there is only one building site. The lot is a steep decline from the front of the lot to a point approximately 250 feet north of the house site. From this point to Duck Run and continuing on the other side of the creek, the property is flat, low and subject to some small stream flooding. This situation forces the house site to be the front of the property. The location of the septic system dictates the east/west location of the house. The setback and the steep incline controls the north/south location of the house. Moving the house east does not improve setback. Moving the house north encounters a steep grade. I took A few sample readings that indicate a 3.5 foot decline per 10 foot of run north of the proposed house site. Moving the house 10 feet north would increased the C • north wall (back) by approximately 4 feet. This would result in a 12 ` basement wall on the north side. This wall would be completely out of the ground. This would also require the septic tanks to be moved further down the incline. County maps available in the Planning office indicate a 100 year flood area on both sides of Duck Run. however specific distances are not available. With this said I wish to stay as far from Duck Run as possible. The only house build on an adjacent lot in fact experienced the same hardship. The home owner has verbally acknowledged that he required a 20 foot setback variance in order to build his home. This house is located on lot 4. The only adjacent property the could be impacted by granting this variance is lot 9. Lot 9 is located south of lot 3. With a 50 foot setback from the right of way my house would still be 90 feet + lot 9's setback or 150 feet from the nearest possible location of a structure on lot 9. The character of Duck Run subdivision is a rural, most wooded and somewhat remote setting. The lots in Duck Run subdivision are located on a private right way and not a state road. This 10 foot variance would in no way change this character. In summary I believe we have made every effort to position this house on the lot and conform to county regulations. Given the irregular shape of the lot (pie shaped), the location of the drain field and septic tanks and the steep topology of the lot we have placed the house on the only practical location on the lot. Your consideration of this application for a variance is appreciated. Sincerely Yours, ` Aaron & /r2TNfitc�hell i a.a r.�...►S 5`D(o' -SS-E ' et. max., w 9 �. 4j 4• R;cw�ao rcck� ► r q nod �..a. u,.,..� Z Sd� Zper...... S.«... ♦• �J — ` Kl°�•113� E G9� �S �..... o �o SCa`e.. 13G.4-4' S S 32 . �'4ti CY r a► n �.' lit Ir ' 8z S►� � � 8.'1���q�t `sr M�� o `'o OPP Z t1.04 •_ t i 3A aC.an �. ?' S23'2A'4n'E •mom 11. 21 G Ac! -s Ol `�' �•' s' 1Q. 5,3 o C o.'•`tY VZ o w 0 goo• o ,� d'; °``s�, . � fy EC'C� •c W. VJK;�,� StT v� • I r.►1 Z VO 4 5 A z s H' :. 5. °� c c� Soo 33 35. N ^ Ir S Z z J� o'[ E O i \ � .T s, Nam_ s � •- '1 � C S _ °� 4 O 04 5 C 4 • '9 . JN c,% 'R 'PcZEOERtCv, CoQUI T'Y , Yq. 4 'd>y C.V. G000c C. S• \ ` s A �' �`�. O C. T. Z G, 1C!5 G'7 Q V4q CA 4 �. = BOV�oltY L"..►e RGQ��►�v-"T To 8c G s �� G-cDEI Act p �', © �!9 tC.�RFp WiT4 rEtC�R� O•�z To O j S.Os"I -d�,• 0 Ex 5..,, T-•S• UATC QF ' y Qj • ��' f �i •� C URYE AccrcKwr �� O ® - . `t �o.4ZZ A515.4�. �=Z�'4�03 �=Z3.3S:�� b•000-43s % ti 15 - 4�1 I 8X833PG1565 THIS DEED made and dated this 31st day of January, 1995, by and between DENNIS W. WATERS, party of the first part, hereinafter called the Grantor, and AARON L. MITCHELL and BRENDA L. MITCHELL, husband and 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 Grantor does hereby grant and convey in fee simple, with general warranty�,of title, as tenants by the entirety with common law right of survivorship, all of that certain tract or parcel of real estate, lying and being in Back Creek Magisterial District, Frederick County, Virginia and being more particularly described as to metes and bounds by that certain plat of survey made by C.J. Rinker, Jr., C.L.S., dated October 22, 1976 and entitled "Duck Run", and thereon designated as Lot No. 3 containing 10.183 acres, more or less. Said plat of survey is recorded in the Clerk's Office of the Circuit Court of Frederick -County, Virginia in Deed Book 472 at Page 500, and is hereby incorporated by reference and made a part hereof; and being the same property conveyed to Dennis W. Waters by deed dated August 24, 1989 from Hammond J. Gunnell, Jr., et al, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 727 at Page 957. This conveyance is made subject to all rights of way and restrictions of record affecting the subject property. The Grantor hereby covenants that he.has the right to convey to the Grantees; that the Grantees shall have quiet and 11 811K3331FG 1566 peaceable possession of the said property, free from all liens and encumbrances; and he will grant such further assurances of title as may be requisite. WITNESS the following signature and seal: (SEAL) DENNIS W. WATERS STATE OF VIRGINIA, OF rI ^i TO -WIT: I, A KI 1. 1- , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Dennis W. Waters, whose name is signed to the foregoing Deed, dated the 31st day of January, 1995, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this day of My commission expires ( 10 i N R PV8L t C t01 VlR3!SdIA: FFtci?ElICK COUIrITf, CCl". This �Ir:atrum0nt 1 v-rtting w , produ :ed o ms n the _2. :e y ct JAL—, 194, By � and with ce," .: ei :1:VnowiedGrncr,' tt'ecoto annexed W" adi -!I - :� rc_. _;,r Tax Irnposu by Esc. 58.1 8 of C:\Wp51\Deeds\Waters.Mit(10,056/lmh) 5i.i 8Ct have bsq.,n paid, tt &"a"_rble. 2 Cieftc I September 3, 1996 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/678-0682 IICAIFICA"MOIi Or PUBLIC H_ARHI IG TO: The Applicant(s) and/or Adjoining Property Owner(s) RE: Variance Application #015-96 of Aaron L. Mitchell, PIN 70-1-3 On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing to be held on September 17, 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 Aaron L. Mitchell for a 10-foot front yard setback variance for a principle structure. The property is located at 200 Duck Run Lane and identified with Property Identification Number 70-1-3 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, Michael T. Ruddy Planner I MTR/cg 107 North Kent Street • Winchester, Virginia 22601-5000 VMS yr' AMC •, a� n r. s I,, e ► r.r.". 3 o r This is to certify that attached correspondence was m d to the following on Qpt. 3, 1119 from th epartment of Planning and Devel went, Frederick County, Virginia: 70 1 WILFONG, GREGORY S. & SAL.LIE D. 244 DUCK RUN LANE STAR TANNERY VA 22654- 70 i BE:NNER, CHARLES MYRON i CAROLE COURT SILVER SPRING, MD 20904-- 70 GUNNELL , HAMMOND .J . JR . & WILHELMINA B. BRISTOW P.O. BOX 1497 PAWLEYS ISLAND, S.C. /' 70 UU NNEL.L , HAMMOND J . JR . A. EL.MINABRISTOW P.O. BOX-`497 - _ - PAW ISLAND, 13..C. 70 RICHARD, PAUL & LAURA H 238 N PIFER RD STAR TANNERY, VA i 29585— i 4 2 9 9 29585•-- A 22 22654-- 70 1 MITCHELL, AARON L & BRENDA L 103 STONEWALL DRIVE WINCHESTER, VA 22602— Michael T. Ruddy, Planner I Frederick County dept. of Planning STATE OF VIRGINIA COUNTY OF FREDEERICK `- I, �)E( � � CV--� �Aa � ! , 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 • 19 —1 ( has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this 3—d day of t• ,I ►`�. My commission expires on (�) Hail- 3