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Home My WebLink About21-96 Daniel E Beckwith Jr - Gainesboro - Backfile' I cp, Su , Variance Request Tracking Sheet: Board of Zoning Appeals Date: File opened yz/— Reference Manual updated/number assigned D-base updated V 12 color location maps requested from GIS Two sets of labels requested from Data Processing 1j,zllIle given to Renee' to update bi-monthly report MEETING DATE: CLOSE OUT FILE: FINAL ACTION: � nr I� lA _ l,!r Approval (or denial) letter mailed to applicant/copy made for file File stamped "approved"/"denied" or "withdrawn" _V Reference Manual updated _ D-base updated y— File given ivvfinal en to Renee' for update to bi-monthly report K \WPC\IN'CIG MTRACKING BZA CASH \i „>Si .�: 19 0025106 RECEI PIT Date Received From Address 01 ' Li. 'A `r j'i }. Dollars $ �z > S F For Q, AMT. OF ACCOUNT CASH AMT. PAID CHECK By BALANCE MONEY DUE ORDER COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 Finance Department FROM: Karen A. Clark, Receptionist/Clerk Typist II SUBJECT: Return Of Sign Deposit DATE: January 3, 1997 11*7 The amount of $25.00 was deposited in line item #107911-08 for the person named below as a deposit for a sign for Variance Application #021-96. They have now returned the sign and are therefore entitled to the return of their deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $25.00 to: Mrs. Rackell N. Beckwith 709 Dicks Hollow Road Winchester, VA 22602 Please contact me if you have any questions. RSA/kac 107 North Kent Street • Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/678-0682 December 19,1996 Daniel E. Beckwith, Jr. 709 Dick's Hollow Road Winchester, VA 22603 RE: VARIANCE APPLICATION #021-96: DANIEL E. BECKWITH, JR.; PIN 41-A-46 Dear Mr. Beckwith: This letter is to confirm ' action taken by the Frederick County Board of Zoning Appeals at their meeting of December 17, 1996. The Board of Zoning Appeals approved your variance request for a five-foot side yard setback variance for an attached one-story kitchen. 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 BHouse n E BZA REVIEW DATE: 12/17/96 VARIANCE #021-96 DANIEL E. BECKWITH, JR. LOCATION: The property is located at 709 Dick's Hollow Road. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 41-A-46 PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Residential ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Residential VARIANCE: A 5' side yard variance for an attached one-story kitchen REASON FOR VARIANCE: The applicant states that the property is too narrow to meet the 50' side setback rules, that the location of the addition is only suitable if built in the planned location, and that the lot was bought, under the old setback rules. 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 applicants are proposing to build a 14' wide addition to the principle structure. This would require a 5' side yard variance which would place the principle structure 45' from the adjoining property line. In this case, a clearly demonstrated hardship approaching confiscation of the property does not exist. Strict application of the zoning ordinance 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 confiscation. Staff believes that granting this variance would be inappropriate as a demonstrable hardship approaching confiscation does not exist. STAFF RECOMMENDATION: Denial 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 v""� other . (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: i>Gn.G1 . /?,-_/L-c' I Jr, NAME: _ '7c"9c ADDRESS ;R �j� p'z_'K ; S j(yi/a ADDRESS : 90, winches ire Lr4. 22bc3 TELEPHONE:- Y j J - / /-/ /-1 % TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): 5 /7?r Zr S [ l l r!/ �!//i�G//mil f/•= �: f /_�� r f /�/� e T m le- & , se- Ae' 4. The property has a road frontage of 7.3 feet and a depth of Z & feet and consists of C. g acres. (please be exact) 5. The property is owned by G,7,r.% �_ Cl,, A,e // as evidenced by deed from pU,� fh.I !j , k e r n recorded G' (�iou ner) in deed book no. C%J D 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: j/U C-S 7. . 14-Digit Property Identification No.: 8. The existing zoning of the property is: 2u ie AL l" �0- 9. The existing use of the property is: F. y"CbA d ae ll l"I Qe 10. Adjoining Property: USE ZONING North J?e.5;C1 en East /ZeS /d rin South PLO u 'cl West ✓i of i d 1, 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 .'1 ) r 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 `0' 13. Additional comments, if any l�� l.�r� 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) II NAME Address I 10 0 iOL6 No-u o Rd , � 9.too 3 .il c -n 61_ C a. f Z p '70 aClf6 ,U'(�.�OW RC! Property �� A �1� ID# t' 61c9� �� 1 G oc �Cr� , ( I`►�C�i� i Address s �! — �� Property ID# _ Ar3r3racc OL) N , 1 hCJ co J . O hculr kh,ud W . Cht-OwO Braddoct f14P -Property ID# — Address Pd Property ID# Address Property ID#� Address -Property ID Address Property ID Address Property ID Address Property ID Address Property ID Address Property ID Page 4 of 5 is 15. Provide a sketch of t Show proposed and/or including measurement nearest structure(s) o any other exhibits, application. he property (you may use this page). existing structures on the property, s to all property lines and to the n adjoining properties. Please include drawings or photographs with this Adjoininq Prooert YOUR PROPERTY inin Property o a I t r �'► 'Addi tion 1 1 $ 0. Pmo err Line -----------------------Center of Rood ------- Rood OW THESE MEASUREMENTS 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 APPLICANTj4 SIGNATURE OF OWNER DATE (if other than applicant) -OFFICE USE ONLY— BZA PUBLIC HEARING OF ACTION: DATE - APPROVAL U l DENIAL SIGNED: BZA CHAIRMAN DATE: N0U5 k5 LZDC.�&.-i L o rl -rue o r- VALIZY 1�lOiCTrov.C� E A� lc,1V6SCt-�tE c�1T CoKQ o-r owl Flees-47- � GOU t�1T Y N/F Braddock PITH DB 728 PG 148 �1 zs °oo�oo'�� N/F Post FosT Chador Tra. WB 74 Pg.BB3 0 o ,D CIIend ova DB 813 N Pg. 352 c 1 r 157Y 4o.3 Q 117oq Po r-CA4 • Q p' Tee. r, q�r �1TY� Cam, _t o rl P MP.RCAR-7E. SIL'07 S.C.- -32L000' 40d No. 16C-9 PiC,Wr5 �1ouUo\- / KoA0 I K� Coo a Si 'AQ.Q v Dead Ref. DB 475 Pg.721 This lot is located in HUD flood zone -C.' cram of minimal flooding. This is to certifyy the tholL on Mm 10. 1996 I made :?= on accurate survsy IMF PPremiss here and that there are no smsomente or enor000hIMI visible al.hsr then those shown here. SCOTT SURVEYS DATE: MAY lo, (0(9,(- SCALE: ( STEPHENS CITY, VIRGINIA 22655 H c7 THIS DEED, made and dated this day of May, 1996, by between DOROTHY V. KERNS, widow, hereinafter called the rantor; and DANIEL EDWARD BECKWITH, JR. and RACKELL NICOLA , husband and wife, hereinafter called the Grantees. WITNESSETH: That for and in consideration of the sum of en Dollars, and other valuable consideration, the receipt of ch is hereby acknowledged, the Grantor does hereby grant and with General Warranty and English Covenants of title to the Grantees, in fee simple, jointly, as tenants by the irety, with common law right of survivorship, the following operty: All that certain lot or parcel of land containing 0.8 acre, more or less, together with the improvements thereon and all rights, rights of way and appurtenances thereunto belonging, lying and being situate along the Dick's Hollow Road, in Gainesboro Magisterial District, Frederick County, Virginia; and more particularly described by plat and survey drawn by Margaret E. Scott, L.S., dated May 10, 1996, a copy of which is attached to the hereinafter referenced deed and by this reference incorporated herein; and being the same property conveyed to Dorothy V. Kerns, widow, by deed of even date herewith from Valley Mortgage Corporation (formerly known as Valley Mortgage and Investment Corporation), a Virginia corporation, of record in the aforesaid Clerk's Office immediately prior hereto. Reference is hereby made to the aforesaid instruments and e attachments and the references therein contained, for a particular description of the property hereby conveyed. This conveyance is made subject to all easements, rights f way and restrictions of record, if any, affecting the ject property. WITNESS the following signature and seal: (SEAL) DOROTHY V. KERNS STATE OF VIRGINIA, CITY OF WINCHESTER, to -wit: The foregoing instrument was acknowledged before me in my City and State this day of May, 1996, by Dorothy V. My Commission Expires: NOTARY PUBLIC COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 rICAIFIC.AVI A I OF PJB1 IC HEARING December 3, 1996 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE APPLICATION #021-96 OF DANIEL E. BECKWITH, JR. On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, December 17, 1996, at 3:25 p.m., in the new board room of the new Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This hearing is to consider the application of Daniel E. Beckwith, Jr. for a 5' side yard setback variance to build an attached one-story kitchen. The property is located at 709 Dick's Hollow Road and is zoned RA (Rural Areas). The site is identified with Property Identification Number 41-A-46 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, Michael T. Ruddy Planner I MTR/cc 107 North Kent Street • Winchester, Virginia 22601-5000 This to certify that the attached correspondence was mailed to the following on XJ y �% 9 from the Department of Planning and Development, Frederick County, Virginia: 41 A 501 41 A 45 SWARTZ, KAREN S. BRADDOCK PARTNERSHIP 712 DICK'S HOLLOW RD 31 S. BRADDOCK STREET WINCHESTER, VA WINCHESTER, VA. 22603- 22601 •-• 41 A 571 SHIFFLETT, ROY C & MARY S 41 A 46 925 DICKS HOLLOW RD &ECKWITH, DANIEL EDWARD JR WINCHESTER, VA �!. RACKELL NICOLA 22603- 709 DICKS HOLLOW ROAD WINCHESTER, VA 22603- 41 A 440 CHASLER, THOMAS J CUSTODIAN FOR TRICIA CHASL.ER L24 W HOSCAWEN ST WINCHESTER, VA 22601-- 41 A 47 CL.EVELAND, DAVID W Q DOUGLAS W JR P O HOX IS& WINCHESTER, VA 22604-- Michael T. Ruddy, Planner I Frederick Co. Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I,13� Rnf) �b i I , 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, datedDf32 Ylhcy- .3 (9g((z, has personally appeared before me and acknowledged the same in my State and Co tun y aforesaid. Given under my hand this 3—C] day of I( O . My commission expires on Re b rUary o 9 I t119 TARY PUBLIC