HomeMy WebLinkAbout20-96 Chuck & Jane Ewing - Stonewall - BackfileVariance Request Tracking Sheet:
Board of Zoning Appeals
Date:
File opened U&
Reference Manual updated/number assigned
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=1 A Two sets of labels requested from Data Processing
/l -1A-%, File given to Renee' to update bi-monthly report
MEETING DATE: - 97 - q
CLOSE OUT FILE:
FINAL ACTION:
N-3-y,( Approval (or denial) letter mailed to applicant/copy made for file
✓ File stamped "approved"/"denied" or "withdrawn"
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y D-base updated
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K.\%V?TMMCIG CR\TRACKING BZA
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COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 678-0682
TT Finance Department
FROM: Karen A. Clark, Receptionist/Clerk Typist II Cjj
W,4 '
SUBJECT: Return Of Sign Deposit P"
DATE: December 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 #020-96. 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. Denny Place
111 Princeton Drive
Winchester, VA 22601
Please contact me if you have any questions.
RSA/kac
107 North Kent Street • Winchester, Virginia 22601-5000
I
December 2, 1996
Mr. and Mrs. Chuck Ewing
110 Harvard Drive
Winchester, VA 22602
COUNTY of FREDERICK
Department of Planning and Development
5401665-5651
FAX: 540/ 678-0682
RE: VARIANCE APPLICATION #020-96: CHUCK & JANE EWING, PIN 33-1-6
Dear Mr. and Mrs. Ewing:
:This letter is to confirm._action taken.by the Frederick County Board of Zoning Appeals at their
.,meeting of November 27, 1996.
The Board of Zoning Appeals approved your variance request as amended for an 18' 9" side yard
setback variance for. construction of an attached three -car 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
MTR/cc
107 North Kent Street • Winchester, Virginia 22601-5000
BZA REVIEW DATE: 11/27/96
VARIANCE #020-96
CHUCK AND JANE EWING
LOCATION: The property is located at 511 Hopewell Road, west of Clearbrook.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 33-1-6
PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Vacant (single
family residence is under construction)
ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use -
Residential and agricultural
VARIANCE: A 19' side yard variance for an attached three car garage.
REASON FOR VARIANCE: The applicant states that due to the rock formation on the west side
of the lot, the house and garage must be shifted 19' toward east side boundary. The cost of rock
removal would be prohibitive.
STAFF COMMENTS:
Within the RA (Rural Areas) zoning district, the minimum side yard setback for a principal structure,
when adjoining Rural Area land used for residential purposes, is 50'. The three -car garage is
considered part of the principal structure as it will be attached to the house. A 19' side yard variance
would place the principal structure 3 P from the adjoining property line.
In this case, a clearly demonstrated hardship approaching confiscation of the property does not ekist.
Strict application of the zoning ordinance does not prohibit the use of the property for residential
purposes. In addition, the setback for an accessory structure is 15' from the adjoining property line.
A detached garage could be placed on the premises in compliance with zoning ordinance
requirements.
Chuck & Jane Ewing Variance 4020-96
Page 2
November 13, 1996
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.
File: K:\WP\CMN\COMNMNTS\EWING2.BZA
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VARIANCE #020-96
PIN: 33-1-6
Chuck
& Jane Ewing
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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 ;� other (Check one)
2. APPLICANT: OCCUPANT: (if different)
11 NAME: h UC K �0.ne Ei
ADDRESS 110 N VV Ord ngj VC
Winc,heS-cr . Va 0A Ago
TELEPHONE: '�Iaia - yuq
NAME: �o
ADDRESS:
TELEPHONE:
3. The property is located at (give exact directions and include
State Route numbers):
(lit 11 N �o P\ - un a -I-u,rn 'Ct cry UI.z C flv P, weI
001 l6p,-WCJI Mec. 'ny QIa(e_, a000 '�10 mile_ on ri- h4.
4. The property has a road frontage of a 00 feet and a depth
of ICC'' i feet and consists of 3,'A acres. (please be
exact)
5. The property is owned by be1ln\j P I QCe, 9 11)RtHfI S . k4CE
as evidenced by deed from F-)v0. I R. PlOLCC_ recorded
(previous owner)
in deed book no. y on
page I� of the deed
books of the Clerk of the Court for Frederick County. Attach
a copy of the deed.
LJ
page 2 of 5
6. Magisterial District: 5�6ne �k)OL
7. 14-Digit Property Identification No.: 33occlo /pcoo 0 (oo
8. The existing zoning of the property is: R 11 (Ru+SAL OReA)
9. The existing use of the property is: A', t OL-,-,a,7 IAL VACA ►J + 14W
10. Adjoining Property:
USE ZONING
North (2S&*1AJaJ A ))
East r2sA dLLa A k-c-0 rt a
South CA_AO_)�.n,V G J
West An , cal p y,i CGS R /�
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.")
A 1q , du Lind VmA o, nc L 4o-) on a)i acJuci
o
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
_Due. +-(J rocK �orma4ion Ors v�es�- s, de o � )a -V , 1 �cuse card
aaALOLQ P. Prus-- he <J f t-a cQ� f5 ww-a cask ,cue ixundar�r
COS4 0� rac rPnnu vcL a "A he 42roL h' H11C-
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
fU%� U L �' �� % A�'/i1 g -a 5` tc� e �lA vcv2 (�� /�'�.) C L�l1.0 13'0dCK y rJl4 2 Z Zy
Property ID#
Address
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Property ID#
Address
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Property ID#
Address 33 0000, r000c� (, o
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Property ID#
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Property ID
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Property ID
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Property ID
Address
Property ID
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Property ID
Address
Property ID
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•
Page 5 of 5
AGREEMENT
VARIANCE # o-Q
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�fY4-
(if other than applicant 4
-OFFICE USE ONLY-
BZA PUBLIC HEARING OF
ACTION:
DATE -
APPROVAL 149 " /'C /19
DENIAL SIGNED:
BZA CHAIRMAN
DATE:
Pu,VNIV 1{106G ESTATE$ l
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. COUNTY of FREDERICK
Department of Planning and Development
5401665-5651
FAX: 540/ 678-0682
INICAIFICATICA I OF PUBLIC HEARING
November S, 1996
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S)
RE: VARIANCE APPLICATION #020-96 OF CHUCK AND JANE EWING
On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public
hearing being held on Wednesday, November 27,1996, at 10:00 a.m., in the boardroom of the Old
Frederick County Courthouse, Winchester, Virginia. This hearing is to consider the application of
Chuck and Jane Ewing for a 19' side yard setback variance to build an attached three -car garage.
The property is located at 511 Hopewell Road and is zoned RA (Rural Areas). The site is identified
with Property Identification Number 33-1-6 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,
Michael T. Ruddy
Planner I
MTR/cc
107 North Kent Street • Winchester, Virginia 22601-5000
This is to certify_that the attac�d correspondence was mailed to the following on
22 J� 0 76 from the Department of Planning and Development,
Frederick County, Virginia:
Chuck & Jane Ewing
Franklin D. Taylor
110 Harvard Drive
489 Hopewell Road
Winchester, VA 22602
Clearbrook, VA 22624
Waverly Farms Denny & Martha Place
c/o Mr. Tracy Stiles I I I Princeton Drive
256 Waverly Road Winchester, VA 22602
Clearbrook, VA 22624
Dwain R. Shirley Place Harold C. & Irma G. Hepler
105 Dutton Place 218 Grimes Golden Road
Winchester, VA 22601 Clearbrook, VA 22624
7
Michael T. Ruddy, Planner I
Frederick Co. Planning Dept.
STATE OF VIRGINIA
COUNTY OF FREDERICK
I, &ib nnn "l l , 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 V- p , has
personally appeared before me and acknowledged the same in my State and County aforesaid.
Given under my hand this � day of I NeM —9 I q
My commission expires on
Efbajan/ aq ILP�
TARY PUBLIC