HomeMy WebLinkAbout18-96 Anthony J Harper - Stonewall District - Backfile1
Variance Request Tracking Sheet:
Board of Zoning Appeals
Date:
9-2j - File opened
ZQ - J6 Reference Manual updated/number assigned
q- ),0-% D-base updated
12 color location maps requested from GIS
Two sets of labels requested from Data Processing
q-z3 -Ria File given to Renee' to update bi-monthly report k1s.,—
MEETING DATE: /Q ` / S- q 6
CLOSE OUT FILE:
FINAL ACTION: f#,6uvj j
Approval (or denial) letter mailed to applicant/copy made for file
File stamped "approved"/"denied" or "withdrawn"
IL Reference Manual updated
D-base updated
0-/7- File given to Renee' for final update to bi-monthly report 1
KA%?\C%1N,C1G CR\TRACKING BZA
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COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 678-0682
M. Finance Department
FROM: Karen A. Clark, Receptionist/Clerk Typist II
SUBJECT, Return Of Sign Deposit occ
DATE: November 4, 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. Anthony J. Harper
109 Hemlock Trail
Winchester, Va. 22602
Please contact me if you have any questions.
RSA/kac
107 North Kent Street • Winchester, Virginia 22601-5000
FILE -COPY
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 678-0682
October 16, 1996
Anthony J. Harper
109 Hemlock Trail
Winchester, VA 22602
RE: VARIANCE APPLICATION #018-96: ANTHONY J. HARPER, PIN 56-1-14
Dear Mr. Harper:
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 as amended for a 10-foot front yard
setback variance for construction of a single-family residence.
If you have any questions regarding the approval of this application, please feel free to call this
office.
Sincerely,
Mic
hael T. Ruddy
Planner I
MTR/cg
107 North Kent Street - Winchester. Virginia 22601-5000
BZA REVIEW DATE: 10/15/96
VARIANCE #018-96
ANTHONY J. HARPER
LOCATION: The property is located at 160 Highview Road in the Opequon Estates subdivision
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 56-1-14
PROPERTY ZONING & USE: Zoned RP (Residential Performance)District; Land use - Vacant
ADJOINING PROPERTY ZONING & USE: Zoned RP (Residential Performance) District;
Land use - Residential; (adjoining field to the east of the lot across the Opequon Creek is in Clarke
County)
VARIANCE: A 15-foot front yard setback variance for construction of a single-family residence
REASON FOR VARIANCE: The applicant states that the grade of the property, after the first fifty
feet off the roadway, starts to drop off dramatically. With the house positioned sixty feet off the
front property line, the footers of the house would be approximately twenty feet below the road
surface.
STAFF COMMENTS:
Within the RP zoning district, the front setback requirement varies depending on the classification
of housing types. The lot in question would be considered a "single family detached rural traditional
residence" and would require a minimum front setback of 60'. A 15' front setback variance would
allow the house to be located 45' from the road right-of-way.
The grade of the lot is relatively minor to a point approximately 55' from the road right-of-way. From
this point the grade does increase substantially. The topographical conditions of the lot are a factor
to consider when constructing a house. However, the grade in this area would not prohibit the
construction of a house. Furthermore, this topographical condition is shared by the adjoining
property. A house has been constructed on this adjoining lot in accordance with the requirements of
the Zoning Ordinance.
•
At
Anthony J. Harper, Variance #018-96
Page 2
October 4, 1996
In this case, a clearly demonstrated hardship approaching confiscation of the property does not exist.
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. In addition, the topographical
conditions are shared generally by another property in the same vicinity.
The Code of Virginia, Section 15.1-495(2)(a) and (b) 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, and that this hardship is not shared generally by other properties in the
vicinity. Staff believes that granting this variance would be inappropriate as a demonstrable hardship
approaching confiscation does not exist and the topographical conditions are shared by another
property in the same vicinity.
STAFF RECOMMENDATION: Denial
File: K:\WP\CNMCOMNlENTS\HARPER.BZA
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VARIANCE
#018-
96
PIN:
56-1-14
Anthony
J. Harper
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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 C: other (Check one)
2. APPLICANT:
NAME:
ADDRESS 71e
TELEPHONE:
3. The property is located at
State Route numbers):
OCCUPANT: (if different) M� y J
NAME: 0&1114 �' \
ADDRESS: ice- IQN
TELEPHONE:
"7!
(give exact directions andf'.
Zr 7 ,�5
4. The property has a road frontage of 277,/,2- feet and a depth
of %6'j, gr feet and consists of J,p� acres. (please be
exact)
5. The property is owned by '4VO �, d
as evidenced by deed from ,-/ ,�; - Z, ve 4 /�1600 recorded
(previous owner)
in deed book no.7- on page 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:
7. 14-Digit Property Identification No.:
8. The existing zoning of the property is:
9. The existing use of the property is:
10. Adjoining Property:
USE ZONING
North ,f'�fi�,�c'�� f
East
SouthXll
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.")
12. List specific reason (s) why the variance is being soughtf%ifa
terms of: ti`,✓ vv
exceptional narrowness, shallowness, size, sh�✓ ,�
property, or -
exceptional topographic conditions or other extr dj. �rMCL
situation or condition of property, or `�liijj�3
the use or development of property immediately adjacent
thereto
A/11W TY� llwfe h6fl,
13. Additional comments, if any.
Cy�e, Xee� 1��,Y45Z 7�e-
ram.
•
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-
diqit property identification number)
NAME
Address
lor� S T.e, ¢ �yrr<liP� Tof fOrri 1.7&- //,GiCCL -'
Property ID#
Address
Ae&,i 61 f %%ff�/J�' ✓ / ez
Property ID#
Address DDLl� ,f p
Property ID#
Address �� D nc-'z /��
6rt11 &,Gel-& IfAx l /Ys
Property ID#
Address
►p/� A!,, �/� Property ID# U
Address
Property ID
Address
Property ID
Address
Property ID#
G
Address
Property ID
Address
Property ID
Address
Property ID
Sfractare =
Q�re55
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•
BOOK 385 PgE J99
__.,^A, CREEK,
F/NAL Fi a)'
OPECUON ESTATES INC.
SECTION ' /
STONEWALL DISTRIC7
FREVERICIC COUNTY VIRGINIA
OCT 12, 1971 SCAL
H. SAUCE EDENS, C. L. S.
SHEET2Q�3 ,
Lo
ei/�do�f Ad l N
Ila
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well
Z90
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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 DATE
SIGNATURE OF OWNER DATE
(if other than applicant)
-OFFICE USE ONLY-
BZA PUBLIC HEARING OF
- DATE -
ACTION:
APPROVAL O'S 04MGN1:1CP
DENIAL -- SIGNED: /kk�
BZA AIRMAN
DATE: 4
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4/30/96
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THIS DEED, made and entered into this 8th day of May
1996, by and between BILLY W. HARPER and JANEY R. HARPER, his wife, parties of
i
the first part, hereinafter called the Grantors, and ANTHONY J. HARPER and
TERRY W. HARPER, his wife, parties of the second part, hereinafter called the
Grantees.
WITNESSETH: That for and in consideration of the sum of Ten Dollars
($10.00), cash in hand paid to the said Grantors by the said Grantees, and other;
good and valuable consideration, at and before the signing, sealing and delivery
of these presents, the receipt and sufficiency of all of which is hereby acknow-
ledged by the said Grantors, the said Grantors have granted, bargained, sold andl
conveyed, and b these
y , y presents do hereby grant and convey with general warranty
of title unto the said Grantees in fee simple, as tenants by the entirety with
the right of survivorship as at common law, the following described real estate,
to -wit:
That certain lot or parcel of land located in Stone-
-wazis'tric of `"FFedefick__Uo_ nt_ y ; _Virginia
described as Lot 14, Section 1 of Opequon Estates Sub-
division as shown on a plat of record in the Clerk's Office
of the Circuit Court of Frederick County, Virginia in Deed
Book 385 at page 198; '
AND BEING the same property that was conveyed unto the
Grantors herein by Deed from Shenandoah College and Conser-
vatory of Music dated December 1, 1987, of record in the
aforesaid Clerk's Office in Deed Book 666, at page 32.
Reference is here made to the aforesaid instruments and the attachments and!
e references therein contained for a further and more particular description
of the property hereby conveyed.
TO HAVE AND TO HOLD the said real estate above described, together with all
buildings and improvements thereupon situated, and all rights, rights -of -way,
privileges and appurtenances thereunto belonging, unto the said Grantees, their
irs, successors and assigns, forever.
This conveyance is made subject to all duly recorded and legally enforcea
•
•
Lyi1V J7n�031j
easements, rights -of -way, conditions, restrictions and reservations affecting
the subject property, and, in particular, the Restrictions of record in the
aforesaid Clerk's Office in Deed Book 666, at page 34.
With the exceptions set forth above, the Grantors herein covenant that
they have the right to convey the said land to the Grantees; that the Grantees
shall have quiet possession thereof, free from all encumbrances; that the said
(Grantors have done no act to encumber the said land; and that they will execute
such further assurances of the property as may hereafter he deemed requisite.
WITNESS the following signatures and seals this day and year first above
i�
written.
i
(SEAL)
illy W,!�larper `-
<��v /1? C (SEAL)
Ja ey R./Harper
STATE OF VIRGINIA
E1TY COUNTY OF Lt•tAyu-4 ,
to -wit:
This day personally appeared before me, q2pk ie_ l�. L.DYcrio
I
la notary public of and for the ei•-t�county and state aforesaid, Billy W. Harper
land Janey R. Harper, his wife, whose names are signed to the foregoing writing,
bearing date of the g l? day of & , 1996, and acknow-
Illedged the same before me in my c-�county and state aforesaid.
(I Given under my hand this �� day of 1996.
' •. � � . � •fir. .
My commission expires �uqxy 31, �>
- -.fir•,
�• �j' otary Public
VIRGINIR,: FREDERICK COUNTY. SCT.
This irstrumant of writing wns produced to me on the
17 day of_1g ��lv r't.... .. 3 li , •„
I; and with cortificato of ;:ioretn annoxed
was admitted to record. Tax 58.1-1102 of
$ and 58.1-801 have boa:,, as"gsaolu.
Clerk
-2-
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/678-0682
l I AIFICANTIOl I OF PJBL IC HUMMING
October 1, 1996
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S)
RE: VARIANCE APPLICATION #018-96 OF ANTHONY J. HARPER
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 Anthony J. Harper
for a 15-foot front setback variance for construction of a single family residence. The propertyis
located at 160 Highview Road in the Opequon Estates Subdivision, is zoned RP (Residential
Performance), and is identified with Property Identification Number 56-1-14 in the Stonewall
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,
A*",r.l�,r�
Michael T. Ruddy
Planner I
MTR/cg
107 North Kent Street 9 Winchester, Virginia 22601-5000
s .
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0 0
This is to certify that the attached correspondence was mailed to the following on
/. M 99' from the Department of Planning and Development,
Frederick County, Virginia:
Joe and Sandra Johnson Wanda Powers
136 Highview Road 200 Highview Road
Stephenson, VA 22656 Stephenson, VA 22656
Gary Eugene Snapp Howard M. Hayes
145 Mountain View Dr. 9602 Belglade Street
Stephenson, VA 22656 Fairfax, VA 22031
Melvin S. Harman Anthony J. Harper
182 Highview Road 109 Hemlock Trail
Stephenson, VA 22656 Winchester, VA 22602
Michael T. Ruddy, Planner I
Frederick Co. Planning Dept.
STATE OF VIRGINIA
COUNTY OF FREDERICK
I, E� A n n Hall , a Notary Public in and for the State and County
aforesaid, do hereby certify that Michael T. Ruddy, Planner I, foe e rtment of Pla ing
and Development, whose name is signed to the foregoing, dated , has
personally appeared before me and acknowledged the same in my State and County aforesaid.
Given under my hand this�— day of 99i / .
My commission expires on 19 `I
A4P fn Hau
ARY PUBLIC