The URL can be used to link to this page

Home My WebLink About16-96 Gene E Welch - Opequon District - BackfileDate: Variance Request Tracking Sheet: Board of Zoning Appeals File opened Reference Manual updated/number assigned D-base updated 12 color location maps requested from GIS Two sets of labels requested from Data Processing File given to Renee' to update bi-monthly report MEETING DATE: lO - /S- CLOSE OUT FILE: FINAL ACTION: o v 4� Approval (or denial) letter mailed to applicant/copy made for file V1,— File stamped "approved"/"denied" or "withdrawn" ✓ Reference Manual updated V D-base updated 0- 7" M File given to Renee' for final update to bi-monthly report 6er" K.\WP\CMN\CIG CR\TRACKING BZA �> CASH RECEIPT Received From Date �{ 19 - - 02 0 1 Address For Dollars $ ACCOUNT AMT OF ACCOUNT HOW CASH PAID BY AMT PAID CHECK BALANCE DUE MONEY ORDER f • �.ara...+•: Rif +f1A7.i✓�w�i.n.,... •»�;+•'frJn 'r ( r Ir COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 October 16, 1996 Mr. and Mrs. Gene E. Welch 1773 Macedonia Church Road White Post, VA 22663 RE: VARIANCE APPLICATION #016-96: GENE E. AND JEANNE A. WELCH, PIN 76-A-37 Dear Mr. and Mrs. Welch: This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their meeting of October 15, 1996. The Board of Zoning Appeals approved your variance request for a 10-foot front yard setback variance for an addition to your 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 MTR/cg 107 North Kent Street • Winchester, Virginia 22601-5000 CO COUNTY of FREDERICK Department of Planning and Development ,N 540/ 665-5651 "'fl FAX:540/678-0682 Tom'. Finance Department FROM: Karen A. Clark, Receptionist/Clerk Typist II SUBJECT: Return Of Sign Deposit �. DATE: November 5, 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 #018-96. He has now returned the sign and is therefore entitled to the return of his deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $25.00 to: Mr. Gene E. Welch 1773 Macedonia Church Road White Post, Virginia 22663 Please contact me if you have any questions. RSA/kac 107 North Kent Street • Winchester, Virginia 22601-5000 BZA REVIEW DATE: 10/15/96 VARIANCE #016-96 GENE AND JEANNE A. WELCH LOCATION: The property is located at 1773 Macedonia Church Road. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 76-A-37 PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Residential ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District and RP (Residential Performance); Land use - Residential and Vacant VARIANCE: A 10' front yard setback variance for an addition to a residence REASON FOR VARIANCE: See attached letter. Specifically, the narrowness of the lot, existing buildings, septic system, and natural drainage of the land. STAFF COMMENTS: Within the RA zoning district, the front setback is 60'. The existing building is 74' from the road right-of-way. The applicants are requesting a 10' front setback variance to construct a 14' x 24' addition to their residence. This would place the principle structure 50' from the road right-of-way. In this case, the applicant has not clearly demonstrated that a hardship approaching confiscation of the property exists. There is a natural drainage way running along the side of the house. However, this is located within the side yard building restriction area. Strict application of the zoning ordinance would not produce an undue hardship to the applicant and does 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 0 Gene Welch Variance #011-96 Page 2 October 7, 1996 confiscation. Staff believes that granting this variance would be inappropriate as a demonstrable hardship approaching confiscation does not exist. STAFF RECOMMENDATION: Denial \ 237-364 V 90A Cavrl 5 4 25 3 0 99 1 2 P 90 1 p 20 984 101 1pp ni9ht O 89 103B 31 .� N 88 10 31A 81 19 w E 87 86 211-339 8s `L 78 �j N a' 1 83 s 75 33 77 Armel Road ,3, (5 84 � 0,5 c 30� 10 D° 49B 49 69 31+, � 8 316-528 49C 68 A� o° 49A �O 104 O\ �� , 48 v 99-336 104A aDQ + 0 104B ° 51 � 48A 104C OO O\vJ 2 265-374 Fr&j 42 .°�(v � 51C Rod 59I \� ~ 3 518 52 Gems`o 59K 59 473 261-440 .t=,::.::.:`ha:4;5+;y,,ar"•f'Y_"[ti�: LF.`y� 60B '?' MY EMr"xTA2 �•1�� . 59J QQ 5 6 1 'd ''tea p 59 :ter 7 VARIANCE #016-96 PIN: 76—A-37 Gene E. Welch / «\\ 237-364 �J 90A A°9e 4 25 3 0 1 v 99 a 3 90 2 Q 102101700 N 984 nigh t a O Or) ye 89 103B 31 ,° N 88 10 31A 81 �9 w E 87 86 211-339 160 8s 78 0 a° 49D 83 s 1( 33 75 77 0\ 34 c,� 84 Armel Road 49B Jfl��B 316-528 4 9 C 68 c 49A 6 O 104 �',' �"� O\ A-) 48 99-336 104A �� oac oa 104B '`' 48A 51 104C O� O\vJ 42 2 265-374 Fr&jj 51 C Rod 59I 1 3 4 61 60Ao< �> 51g r`e 47 Gems 59K 59 52 261-440 60B ,p, s 55 59J y Q 6 � 5 59 0 p v See — 87— (5)-- a �1 7 VARIANCE #016-96 PIN: 76—A-37 Gene E. Welch 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: NAME: (�E AJ ADDRESS` 7JMA7 -t)IIV /} ell, j& TELEPHONE: �5y�k��1-7h/7� OCCUPANT: (if different) NAME: -:E/-):) V E 19, kk kd d ADDRESS :1-71� dRe goeV,'1} Cif; TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): /ours R0z;/-1/3TC4'/ :5- l cT 4. The property has a road frontage of Q feet and a depth of feet and consists of /, _acres. (please be exact) ti��5��i � The property is owned by E J �% , VIF-4L � O as evidenced by deed from recorded (previous owner) '�*�3 � deed book no .�t---�" _ on page �%�/,2of the deed Q.(V�ools of the Clerk of the Court for Frederic County. Attach 414 cry V o k adSjpy of the deed. C19 page 2 of 5 6. t Magisterial District: sMA w►vEC g _ 4U�D 7. 14-Digit Property Identification No.:(� .� 8. The existing zoning of the property is: 9. The existing use of the property is: DNTi /i 10. Adjoining Property: USE ZONING North e1-,,y-7' East 06AJ1 /4L South PIR16,udruRt4l- Rd� West RC--,1O6,V, i14L 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.") ,% P'% )E'Rv1U7- RD VAR "% ) > ,U S -rkae:ri v.) o >q;,U A q 0 r1"g A1,1- k0611V o'U 12. List specific reason(s) why the variance is being sought in terms of: =\ / exceptional narrowness, shallowness, size or shape of property, oropertyor - exceptional topographic conditions or other extraordinary situation or condition of property, or the use or development of property immediately ad thereto r: 13. Additional comments, if any 6�IE 191'T'TRC lqf Q ke-= -T l rsly 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 ��-14 IUF- Y__ Property ID# 17"oo tan.,W 814rr-6H RD, 11 V � ��N�U �. /�77.� ��)ra e.,_ 14 Address L �4tr E r VJ4112, 6161? Property I D # 2LDo 0Do6) -z9ot 36 17S'q/IAe.C_00vira drru�?(Lr-1 Pov / Address Property ID# 1161591 ''I i�c C Oo,V 4 6 Huge- f-1 80, Address- . VII, "7G> Oele) -A- eago- Property ID# Address =TI�F.UA �+�� VI-L Property ID# I i?y 7 M 0 cL r Od;V f r3 GN 4' 12e 4 P, p, f�G Address Ufa, Property ID# -r -1- Address- AI) , , /r Z : 4 6 a JA11)9 , -Property ID# 2L 000 A- DGge)C) •- Deb Address L 8"OO Z VI L .' "'A Property ID# Address operty dress - 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 Propert • YOUR PROPERTY A oinin Propert v I 9qt J � a � lI C y r �Addi-i 12 $ i ftperty Linel ----------------------=Center of Rood RoadSHOW THESE MEASUREMENTS o r r Y A QJz�1'A/,_, A 6L U) C CA- F 96 t � cAua:� ✓:y t!•J A r I vim O �--- Cr1)4'A/" )li d D • • Page 5 of 5 AGREEMENT VARIANCE # O! 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. 1 SIGNATURE OF APPLICAN LDATE q- - 9 (o SIGNATURE OF OWNER DATE (if other than applican -OFFICE USE ONLY- BZA PUBLIC HEARING OF II APPROVAL II DENIAL ACTION: - DATE - SIGNED: DATE: BZA CHAIRMAN To Whom it may concern: We wish to add a 14'x24' addition to the front of our existing home. This addition willl_be used as a hobby -craft room. We have applied for a variance because the existing zoning ordinance requires us to do this. We have a 74' frontage and the zoning requires a 60' set -back, so we are requesting a 10' variance for access to build this addition. The closest dwelling to us is approximately 10011, away from our home, and the 200 acre plus parcel of land that adjoins the rear of our property is zoned RP. Because of.the narrowness of our property and other existing buildings on our land, the location of our septic system, and the natural drain of the land, these prevent us from building on to the side and rear of our home. Now that we're retired we enjoy our hobbies, and -the addition will be used mainly for shirt painting and other hand crafted items. COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 INIC41FICrIVICA'sl OF PUBLIC HEARING October 1, 1996 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE APPLICATION #016-96 OF GENE AND JEANNE WELCH On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on October 15, 1996, at 3:25 p.m., in the board room of the Old Frederick County Courthouse, Winchester, Virginia. This hearing is to consider the application of Gene and Jeanne Welch fora 10-foot front setback variance for an addition to an existing residence. The property is located at 1773 Macedonia Church Road, is zoned RA (Rural Areas), and is identified with Property Identification Number 76-A-37 in the Shawnee 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/cg 107 North Dent Street - Winchester, Virginia 22601-5000 • • This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: A WELCH, GENE E. 76 A 37 WIL.KINS, WAYNE E 76 1773 MACEDONIA CHURCH RD 1847 MACEDONIA CHURCH RD WHITE POST, VA WHITE POST, VA 22663- 22663- 76 A 36 76 A VANMETER, DALE SARGENT, JOHN H ESTATE 1789 MACEDONIA CHURCH ROAD 2MM WHITE OAK RD WHITE POST, VA WHITE POST, VA 22663- 22663-- 76 A 38 76 A SMOOT, WINFIELD & CARLETTA HEFLIN. WILLIAM J. & LORETTA 1759 MACEDONIA CHURCH RD 113 TADPOLE LANE WHITE POST, VA. WHITE POST, VA_ 22663- 226b3- 76 A 31 JASbO, INC. P. O. HOX 6 STEPHENS CITY, VA_ 2265.5- STATE OF VIRGINI A COUNTY OF FREDERICK Michael T. Ruddy, Plan&r I Frederick Co. Planning Dept. I, &Ah Onn H a It , 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 I�)OY- I. IC q% , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this I cO�* day of 0� jt I�2 My commission expires on TARY PUBLIC 35 42 47 N w pETE J. SMOOT, ET UX To: DEED GENE E. WELCH, ET ='X1p$5 rc 4 9 2 T13I8 DEED, made and dated this :?"rr day of September 1987I by and between PETE J. SMOOT and NARY irr..rrrrrrrirr� CATHERINE SMOOT his wife, parties of the first part, hereinafter called the Grantors, and GENE E. WELCH and JEANNE A. WELCH his wife, parties of the second part, hereinafter called the Grantees. W I T N E 8 S E T H: That in consideration of the sum of Ten Dollars) (810.00) and other valuable consideration paid, the Grantors by the Grantees on or before the delivery of this Deed, the receipt of all of which is hereby acknowledged, the Grantors hereby grant, sell and .convey, in fee simple, with general warrar Y of title, unto the Grantees, as tenants by the entirety wit;' the common law right of survivorship, the following real estate to- wns ALL THAT certain lot or parcel of land, lying and being situate on the North side oL Road 642, about five (S) miles South of Winchester, in op*quon Magisterial District, rr*derick County, Virginia, containing 1.44 acres, more cc less, as per plat and survey dated May 14, 1962 of Richard U. Goode, C.L.B., and recorded in the the Clerk's Office of the Circuit Court of rcadetick County, Virginia, in Deed Book 279, at Peg* 164, and more particularly described in the below referenced Deed. AND BEING the Sam* real estate conveyed to the Grantors herein by Deed dated June 7, 1S52 and recorded in the aforesaid Clock's office in Deed Book 279, at Page 162. This conveyance is made subject to all easement rights of way and restrictions of record affecting the subjel property. Except as noted above, the Grantors covenant that th have a tight to convey said property to the Grant**61 that th, havi done no other act to encumber said property; that they wi: 1 .• • I W59rck93 execute such further assurances of title to said property as may be requisites that they are seised in fee simple of the proper] convoyeds andthat the Grantees shall have quiet possession o ® said property, free from all encumbrances. WITNESS the following signatures and seals: f'"';" Lr'i.i.`rrrY' Yr`rr'rrISEALJ. OOT Lr��7�.1 tSEALI MART PERINE S100OT, hiswife STATE O�t'��VI/RGINIA Y'C t CI.r•/aeon Or YYrYrYYbYYYrYrYrY. YrrrY1 to �Miti �SR�,tJAA �f i�16/i a Notary in and for I, • rrrrrrrrrr rrrrrrrrrurrr. Y the ,�r.rr and State aforesaid, do hereby certify that FETE J. SHOOT and MARY CATHERINE SHOOT, his wife, whose names are al nod to the foregoing Deed, bearing date of the �:f day of 1987, have personally appeared before me and acknowledged the same. O�lwe�n under my hand this �, day of 1987. bet P rr rrrrrrrrrrrrrrr rrrrrr Notary IQ► Commission Expires ti00"''4.rYrrrrYrlrrrrr rrrrr..r• . is instrument - oq paolto use un,t 19 . -I wits cosh ioato acknowledgment thotet3 aaae ci .. i�tlt� b record. Tax impoeod brac L. Sr I. i of �� . and 3854 have been paid. if aAo.s_.,.� 2 A COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 I i cirM CAMCANI Or PUSL iC rl ti Cl Was \ Z ti ✓� � � p• W016 W SW U b; O October 1, 1996 tp W TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE APPLICATION #016-96 OF GENE AND JEANNE WELCH On behalf. of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on October 15,1996, at 3:25 p.m., in the board. room of the Old Frederick County Courthouse, Winchester, Virginia. This hearing is to consider the application of Gene and Jeanne Welch for a 10-foot front setback variance for an addition to an existing residence. The property is located at 1773 Macedonia Church Road, is zoned RA (Rural Areas), and is identified with Property Identification Number 76-A-37 in the Shawnee 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/cg I If i 4 iih \nrth '.gent Street • Winchester. Virgitua 22601-5000 M `��ay s �.. ••`fir Aw m lo" r r� 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 ,,-1 " 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? 7. Do you have any suggestions about what we could do to make this process work better?