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Home My WebLink About05-97 Devon Willett - Gainesboro - BackfileVariance Request Tracking Sheet: Board of Zoning Appeals Date: 3-024-97 File opened ✓ Reference Manual updated/number assigned L- 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 SAq.Y7 k410-, MEETING DATE: - _5- CLOSE OUT FILE: FINAL ACTIONAProve-d V1, Approval (or denial) letter mailed to applicant/copy made for file File stamped "approved"/"denied" or "withdrawn" Reference Manual updated D-base updated - Z f - 7 File given to Renee' for final update to bi-monthly report K.\WFTT%MCIG CR\TRACKING BZA Zofll SH 'r'rt ' RECEIPTDate02645 , !jj� �X � 19� �. Received From C r'i Address A t A; Dollars $ • For ism AMT OF i d CASH ACCOUNT AMT. PAID CHECK (1_ BALANCE MONEY .+ DUE ORDER BY FILE COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 April 18, 1997 Mr. Devon Willett 201 Stonecrest Court Winchester, VA 22603 RE: VARIANCE APPLICATION #005-97 OF DEVON WILLETT; PIN 43-18-5 Dear Mr. Willett: This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their meeting of April 15, 1997. The Board of Zoning Appeals approved your variance request for a 5-foot side yard setback variance for an addition. If you have any questions regarding this action, please feel free to call this office. Sincerely, Michael T. Ruddy Planner I MTR/cc cc: John Trenary, Building Official 107 North Kent Street - Winchester, Virginia 22601-5000 10 BZA REVIEW DATE: 4/15/97 VARIANCE #005-97 DEVON WILLETT LOCATION: The property is located at 201 Stonecrest Court. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 43-18-5 PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Residential ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) and RP (Residential Performance) Districts; Land use -Residential VARIANCE: A 5" side .yard variance to allow for construction of an addition REASON FOR VARIANCE: Applicant states "adding bathroom due to full disability of owner." STAFF COMMENTS: Within the RA (Rural Areas) zoning district, the minimum side yard setback for a principle structure is 50' when the property is adjoining land used for residential purposes. I The applicant is requesting a 5' variance to place an addition onto the side of the principle structure. This would locate the structure 45' away from the adjoining property line. The house is located in the Stonewall Estates subdivision on a five -acre lot. The applicant is in no way limited to choice of location. It would be more than feasible to place the addition to the rear of the property in compliance with zoning ordinance requirements. On February 28, 1997, the applicant applied for a building permit for the addition. At this time, he was made aware that a 50' setback had to be maintained on the side of the property. Because the measurements on the plans did not meet this requirement, the building permit was not issued. Subsequently, on March 19, 1997, the building official placed a stop work order on the building addition. It was apparent that the applicant had ignored the requirement and had proceeded with construction of the addition. 0 • Devon Willett - Variance #005-97 Page 2 April 7, 1997 In this case, strict application of the zoning ordinance does not prohibit the use of the property for residential purposes. The principal use of the property is residential. 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\CMMCOMMENTSk"'ILLETT.BZA page 1 of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA Ap ting of MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner other . (Check one) 2. APPLICANT: NAME: 0,cCycN ADDRESS 20 1 tt 11 1��,1JCYle��e✓L TELEPHONE: 5 C1 O'- - Ll {,') y OCCUPANT: (if different) NAME: �L W ADDRESS: TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers):;� FW" Mi, I M �MJWA AZ� 10 M WA'� WN �W_ -A CALM W-M a, QWAK�_W�Wll kW WE 4. The property has a road frontage of 's-D feet and a depth of 5"5I.�� feet and consists of —acres. (please be exact) -� 5. The property is owned by as evidenced by deed from (►�� YVc�c�►.� recorded (previous owner) in deed book no. ��`- on page '?o a of the deed books of the Clerk of the Court for Frederick County. Attach a copy of the deed. CJ :7 page 2 of 5 6. Magisterial District:'�p��,.�� 7. 14-Digit Property Identification No.: �1 3' 8. The existing zoning of the property is:�} 9. The existing use of the property 10. AdjoiningProperty: USE ZONING �^` O 'fz North P East South West - �4 11. Describe the variance sought in terms of distand,t (For example: "A 3.5' rear yard variance for an two car garage.") } ct� ��-,)S (f 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 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 Address h�� f -WRRSJC RIA C . Property ID# y Z Address 13D.... �R Property ID# Address y Property ID# ( 2_ 3 Address 1 )�m�w s��. �t�d� 3.2— LI Property ID# A-L , . �uaA jc: 9�%'� w�e�, Philip wl�'\L)k' KA_'\J �-s &"k, S�P4z:. 'V). - LTdt)wsdl I WI A6, 1..... Property ID# i 3 A Address' A — Property ID# 3 Address ACAS, C3 Property ID# o Address `)D 2 -Property ID# Address 11 Property ID#� Address V`YR Property ID# Z r 2 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 Prooerty YOUR PROPERTY Ad6irinq Property v � d 5 o lion—, — � o � Prooerty Line i ----------------------=Center of Rood ------ Rood OW THESE MEASUREMENTS • Page 5 of 5 AGREEMENT VARIANCE 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 APPLICA SIGNATURE OF OWNER (if other than appli -OFFICE USE ONLY— BZA PUBLIC HEARING OF ACTION: - DATE - APPROVAL DENIAL SIGNED: BZA CHAIRMAN DATE: LTN :sow 4 • v 1 �C�- 9 CERTIFICATE No 47B 09 -SURVF��O CARRINGTON S. COBBS CERTIFIED SURVEYOR WINCHESTER, VIRGINIA 22vs5EL1_6 -P.42gD/6F_ N. 35 ° 00, zc,'w 54/. 87 F•�� moo. oo f,�. o Iql v I l'1 t4l I I IJ N 3OI V. h h h EL EC. 'Ho)( cJ;r v SEc 7ia�1 2 I. h 2 ob 1 Z yo 35- ODD' z0' f �, sE "/Ao�sEr " FOR 1 \9 MW,6441n/G 'Der*j/L5 w I �Q I p"r WEc L ,tu A a t? N \ 2c S�[5 qpp 2 oo 7NE g8oVE SUDD/V/SloA) /s REco'EDEU lA) -D•B. 7a8/ Fe'. goo. N/s • �. S'Not.//aJG NovS�LocaTlon/ . Su2✓ • t h � �• • -/, �o S'70NSWaLL MA6.7D 5 F2C-oEi /oo' O� o �,\� .;so r / ��/ Z /�1ERFBy ��,e'rJFY �'Nar o.J 'yNE qgo✓E 7��t'>'E Ci �Q.� �'�•N of 'YNE Poe EN1/5•E5 SA10"W 1-1&2E0a Aj,()D '74.4'r 7/k,e -A)CRogcj MC_,)rs V/sISLE b'7,41E,e 7N4A� 7N0SE SNoVJ.) ii• 8KT23N522 • THIS DEED, made and dated this 25th day o:`, 1989, by and betwaea STONEWALL V DEVELOPMENT CORPORATION, a • Virginia Corporation, hereinafter called the Grantor, DEVON N. WILLETT and JACXIE G. WILLETT, his wife, hereinafter called the Grantees. WITNESSETg: That for and in consideration of the sum Of Ten Dollars ($10.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantor does grant and convey, with General Warranty and with English Covenants of Title, unto the Grantees, as tenants by the entirety in fee simple, with survivorship as at common law, i together with all rights, rights of way, privileges, improvemento thereon and appurtenances thereto belonging, all of the following realty: All of that certain lot or being situate in the Stonewall Magisterial Districts Frederick County, Virginiadesignated as Lot 5, of Stonewall Estates, containing 5.000 acres, more or less, as shown on the plat and survey of L. Allen Ebert, L.B., dated December 20, 1988, as attached to the Deed of Dedication dated January 19, 1999, recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 708, at Page 886 through 903, inclusive, and Deed of Vacation of Easement and Rededication of Easement dated March 29, 1989 of record in the aforesaid Clerk's Office in Deed Book 708, at Page 904. The above described realty is a portion of the same property conveyed to the Grantor herein by deed from Alec C. Gunter, et ux, dated December 30, 1988, of record in the aforementioned Clerk's Office in Deed Book 702, at Page 442. Reference is here made to the aforesaid Plat, Deed of Dedication, Deed of Vacation of Easement and Rededication of Easement, deed, and the reference contained therein for a further and more particular + description of the property conveyed herein. ; This conveyance is made subject to all legally ' emforoeable restrictive covenants and easements of record affecting the aforesaid realty. �w.a�wwe 1 eum ww..wnWw vw n— w saw • t { SqWOWN wa•• ' Al"mmmum �� ifalrelwe�ew �eruawaaw 000 A s. SK723PG523 The execution of this deed has teen a;; .y authorized by the Directors of the Grantor Corporation and nothing in the Corporate Charter or By -Laws reserves the power unto the stockholders to convey a part of the corporate real property. WITNESS the following signatures and seals: STONEWALL V DEVELOPMENT CORPORATION, a Virginia Corporation BY: ELSON SR. dbySEAL) G LEE N STATE OF VIRGINIA County of To -wits I, a Notary Public in - and for the State and jurisdiction aforesaid, do hereby certify that GRAHAM LEE NELSON SR., as _, a duly authorized officer of STONEWALL V DEVELOPMENT CORPORATION, a Virginia Corporation, whose name is signed to the foregoing Deed, dated this 25th day of August, 1989, have personally appeared before me and acknowledged the same in my State and Jurisdiction aforesaid. Given under sty, hand this _day of August, 1989. My c0011hiusion expires otary P c. VIRGIN A;- FREDERICK C0iFMF1Y, S.^T. •- " t •• This inst►turent of wrtwpT was PruduOed to me on the 19-67- Ft and with arti"ta:0 d adu fuda l%arx•o annexed was I*ra,-p-d 4`• o adnnrtEd Tax unposed by Sac. 58 St.l of t S 0 and 58.54 have been pad. it asseuabW. a F i+�` �.✓ `. ' CLERK April 9, 1997 Mr. & Mrs. Devon Willett 201 Stonecrest Court Winchester, VA 22603 Dear Mr. & Mrs. Willett, As the homeowners of lot #6 (200 Stonecrest Court) which is the adjoining lot directly affected with the addition to your home, we would like to state that we have no objections with the 5' variance needed for this addition. Sincerely, Mr. & Mrs. William Johnson / &eLo,J cX'ck, � � Stonewall Estates Homeowners Association Winchester, Virginia December 20, 1996 Mr. & Mrs. Devon Willett 201 Stonecrest Court Winchester, VA 22603 RE: Addition to rear of home Dear Mr. & Mrs. Willett; The Stonewall Homeowners Association is in receipt of your request and plans to construct an addition to your home. We have reviewed the plans and regret to inform you that your request for the addition to the rear of your home as been denied. We made our decision based on the placement of the addition to your home which only allows the roof line to run perpendicular to your existing roof line. This particular roof construction does not conform to your existing roof or to the overall curb appeal of Stonewall Estates. If you wish to amend your design so the roof on your addition conforms to your existing roof, we will be happy to review your request again. Sincerely, /41cha tein a President • J ts L-L -E i t i� ✓ t },fCJ�I E "+r 1 9; FAC C 1 aE ,"mot Ica � . _ � _ � .. - • -. � i � yam.. �`� +' . - i AvLrMir 1 TO ti APR-15-97 11:28 AM PULMfRY CCM DIVISION 313993C92 P. 02 *4$& Wayne State University April 15, 1997 To whom it may concern, Pulmonary and Critical Care Medicine Harper Hospital Detroit, M1 48201 Mr, Devon Willett has a diagnosis of chronic respiratory failure secondary to idiopathic left hemidiaphragmatic paralysis/weakness which is treated with noninvasive ventilation as well as an aggressive exercise program to improve functional ability and quality of life. ;Since Chris D, Lattin, RRT Pulmonary Research Clinician Division of Pulmonary and Critical Care Medicine Wayne State University Harper Hospital - 3 Hudson 3990 John R. Detroit, Ml 48201 Office: (313) 745-0489 Fax: (313) 993-0562 E-mail: CLattin@oncgate.roc.wayne.edu Mr. Larrick brought up the question of the primary use question as it pertains to the ordinance allowing signage for each established primary use. Mr. Call explained that `if you had a number of separate uses on this 25-acre site, you would have thousands and thousands of square feet of approved signs. -All we're saying (and I don't know what the term of art is that you call a primary use) but the fact is that to say this is a primary use and stop there does not put us in the same category as all of our competitors who might come with a restaurant use or a gas use or a fast-food use. We must compete against all of the them with the same restriction that we get one sign.' Mr. Wyatt clarified the interpretation of the term `primary use' and explained the concept of `co -branding.' He said the ordinance was envisioned to allow the primary franchise use (i.e. the Burger King, the Amoco Gas Station) to have a sign so the traveling public could identify with that icon and then exit to do whatever business was available. Mr. Larrick asked Mr. Wyatt what the ordinance means when it says "when two or more primary uses are located on the same parcel, each use may erect one business sign that complies with the requirements." Mr. Wyatt explained the concept of more than one stand-alone business sharing a pole sign. Mr. Rinker asked if Flying J owned the entire operation or if they sub -let to the individual businesses and gas operations, or were they all combined into one. Mr. Call replied that they were all combined into one. In reply to Mr. Rinker's question about Flying J's application for BPOL (Business and Professional Occupation License) and whether it would be just one license or several, Mr. Call said that typically it is one license but sometimes they have to apply for more than one license; it depends on the local code and he was not familiar with this one. He said that all the gross receipts would be reported one way or the other. Mr. Rinker's asked if it [gross receipts] would all go into one bank account, Mr. Call answered that they would. • • March 19, 1997 Mr. Devon Willett 201 Stonecrest Court Winchester, VA 22603 COUNTY of FREDERICK Inspections Department John S. Trenary, Building Official 703/665-5656 Fax:703/678-0682 RE: Building an addition without the issuance of a building permit at 201 Stonecrest Circle, Tax Map Number 43-18-5 Dear Mr. Willett: On March 19, 1997, an inspector was by your job at the above mentioned address. At that time, it was noted that an addition was under roof without a building permit being issued. Virginia Uniform Statewide Building Code Section 112.2 Notice of violation The building official shall serve a notice of violation on the person responsible for the construction, alteration, extension, repair, removal, demolition or use of a building in violation of the provisions of the USBC, or in violation of plans and specifications approved thereunder, or in violation of a permit or certificate issued under the provisions of the USBC. Such order shall reference the code section that serves as the basis for the violation and direct the discontinuance and abatement of the violation. Such violation shall be in writing, and be served by either delivering a copy of the notice to such person by mail to the last known address, delivering the notice in person or by delivering it to and leaving it in the possession of any person in charge of the premises, or by posting the notice in a conspicuous place at the entrance door or accessway if such person cannot be found on the premises. Virginia Uniform Statewide Building Code Section 105.1 When permit is required Written application shall be made to the building official when a construction permit is required. A permit shall be issued by the building official before any of the following actions subject to the USBC may be commenced: 1. Constructing, enlarging, altering, repairing, or demolishing a building or structure. 2. Changing the use of a building either within the same use group or to a different use group when the new use requires greater degrees of structural strength, fire protection, exit facilities, ventilation or sanitary provisions. 3. Installing or altering any equipment which is regulated by this code. 4. Removing or disturbing any asbestos containing materials during demolition, alteration, renovation of or additions to buildings or structures. 107 North Kent Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 • Willett Letter Page Two Please note that this is subject to Section 116.1 Appeals of the Virginia Uniform Statewide Building Code. This job site is being posted today with a stop work order. No work shall continue until a building permit has been issued and inspections performed and approved for this addition. Please contact this office immediately to discuss this matter. LK11R1111&. V1L1V1K1 cc Andrew Evans, Frederick County Zoning Administrator • • 22d -o" � I I NW56 I a I I tla"savcE✓G d v I I I I I I I � i w'cw.c • ncs I u�:u• r.�,� i I UUE%4A'JA VD I I I < a Ganwt,SPacE I i IL � o t I 159,t E i I 1 I 1 � � wp•oc.oc�c� t FbUAD4-nw ,bMD FLOM3015T Pa►( 4 2v-o' FLOOR AAA &"Cd-AAPt M) /40�Tt�ON TO WIU-.ETT" ¢E4tD��lGE tot STpuEcQ�iT cT. w t • t us �S tt�1C , �/� . 224-03 t • • COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 l I J7'IrIUVI JAI Jr PJSL IC HLARUNIGG April 1, 1997 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE APPLICATION #005-97 OF DEVON WILLETT On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, April 15, 1997, at 3:25 p.m., in the board room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This hearing is to consider the application of Devon Willett for a 5' side yard setback variance to build an addition. The property is located at 201 Stonecrest Court and is zoned RA (Rural Areas). The site is identified with Property Identification Number 43-18-5 in the Gainesboro 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, l Michael T. Ruddy Planner I MTR/cc 107 North Kent Street • Winchester, Virginia 22601-5000 This is to certify that the attaZ'Red correspondence was mailed to the 1000wing on _w91L } f q9 7 from the Department of Planning and Development, Frederick C unty, Virginia: 43A 3 2 6 KERNS, ERNIE F & HAZEL V 292 PAYNE ROAD 43 ie 5 WINCHESTER, VA 22603- WILLETT, DEVON N. & JACKIE G. 59 STONECREST CT. 43A 3 2 '7 WINCHESTER, VA. PEARSON, GARRY WAYNE 22601-- 282 PAYNE ROAD WINCHESTER. VA 22603-- HALL, MARGUERIT C. 348 PAYNE_ RD WINCHESTER, VA. RINKER, JOHN H. JR. 334 PAYNE RD WINCHESTER, VA. 43A 3 2 1 22603- 43A 3 2 2 22603.- 43A 3 2 3 ALEXANDER, GARY A & JEANNE T 3iS PAYNE ROAD WINCHESTER, VA 22603•-- RIEMENSCHNEIDER, 310 PAYNE RD WINCHESTER, VA. CONWAY, DAVID S 300 PAYNE ROAD WINCHESTER, VA 43A 3 2 4 NEAL K. 22603-- 43A 3 2 5 22603- STATE OF VIRGINIA COUNTY OF FREDERICK E.PPINGER, PHILIP B 274 PAYNE ROAD WINCHESTER, VA PRESCOTT, JOHN R. 230 JENNIFER CT WINCHESTER, VA WALKER, KATHLEEN F. 110 JE:NNIF'ER COURT WINCHESTER, VA. 43A 3 2 9 22603-- 43 16 '7 22602- 43 16 to 22603- 43 ie 4 COOK, STANLEY D. & MARY E. 138 STONEBRAKE LANE WINCHESTER, VA 22603- 43 1(3 6 JOHNSON, WILT.-IAM C & COOL EY, LINDA J 200 STONECREST CT WINCHESTER, VA 22603- Michael T. Ruddy, Pla r I Frederick Co. Planning Dept. 1 I, t. I - "0 , a Notary Public in and for the State and County aforesaid, do hereby certify that Michael T. Ruddy, Planner I, for the De 'partment of Planning and Development, whose name is signed to the foregoing, dated I qq , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this ( day of My commission expires on ARY PUBLIC 0 -Ir 1 P- I � wr � I D c C LEVA -T, 0 #3 Lot Iv- c 4tr— P y- t I-% �_ I t4 r, 140o,st*-Z. 74 14' F 13" 14 Af t CgA.f",L PA C AAAt A �m le-oor -TV-05; L T Js A�4 RIO 12 14, EZ A 41-