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Home My WebLink About01-95 Timothy & Kevin Giroux - BackfileRECEIPT' N 024410 AMOUNT DUE AMOUNT PAID $ ry� BALANCE DUE—_,,,-� PAID BY CASH CHECK .Yl r_1 OTHER FREDERICK COUNTY DEPT. OF PLANNING AND DEVELOPMENT P. 0. BOX 601, 9 NORTH LOUDON ST. WINCHESTER, VIRGINIA 22601 DATE RECEIVED FROM ADDRESS 1�10 THE SUM DOLLARS $ FOR I DAY -TIMERS RE -ORDER No 3221—Printed in USA .. '.�, ri.i7 sa.�<*- •�o,v.,�:*v�aa �. x,Ytsi t.�•7gr�x.„r>,i•».i,Mv.,..� i COUNTY of FR -PDFR ICY :.: 0 0 i COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/678-0682 L April 19, 1995 Kevin & Kathy Giroux 186 Miller Road Winchester, VA 22602 RE: VARIANCE APPLICATION #001-95: TIMOTHY & KEVIN GIROUX: PIN 62-A-16 Dear Mr. & Mrs. Giroux: This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their meeting of April 18, 1995. The Board of Zoning Appeals approved your application for a 47' side yard variance for an existing deck with the stipulation of eliminating 4' off the end of the deck closest to the property line.. 1 - If you have any question_ s regarding the approval of this application, please -feel free to call this office. Sincerely, 6), W. Wayne ller Zoning Administrator WWM/dre .. . 107 North Kent Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 9 r BZA REVIEW DATE: 03/21/95 BZA REIVEW DATE: 04/18/95 VARIANCE #001-95 TIMOTHY & KEVIN GIROUX LOCATION: This property is located at 186 Miller Road (Route 620). The directions to this property are as follows: Cedar. Creek. Grade (Route .622), proceed approximately 4.5 miles turn right onto Miller Road (Route 620). The house is a one story grey ranch with blue shutters. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 62-A-16 PROPERTY ZONING & USE: , Zoned RA (Rural Area Land use - residential ADJOINING PROPERTY ZONING & USE: Zoning -RA (Rural Area) Land use - residential VARIANCE: A 13' side setback variance from the original 15' setback requirement. (*This is a nonconforming use, present setbacks are 50'.) REASON FOR VARIANCE: The applicant is requesting a variance for a deck that already exists. The applicant states "that the property is narrow, rocky, and a hill is immediately in front of the house. The house was built very close to the rear property line, so a variance is needed for the deck." STAFF COMMENTS: Staff comments have not altered since the Board of Zoning Appeals met on March 21, 1995. . Unless the applicant can present an undue hardship, a variance which allows a nonconforming structure to encroach upon an even more relaxed setback requirement should not be granted. In this case, the applicant has induced'a self inflicted hardship. The deck, which stands within 2' of property line, was constructed without a variance or proper building permits. Not only does the deck increase the degree of nonconformity of the structure, but it also Page 2 Giroux Variance violates the Code of Frederick County, Chapter 165, Section 23(3). This Section of the Code states: "Balconies, porches, stoops, decks, bay windows, steps, and stairways which comprise less than one-third of the length of the wall of the primary structure may extend three feet into the required setback yard:- In no case shall such features be closer than five feet to a lot line." Under these guidelines, a deck of this size would not have been permitted to be constructed if proper building permits or variance were sought. STAFF RECOMMENDATIONS: Staff recommends denial. BOARD OF ZONING APPEALS ACTION ON MARCH 21, 1995: The Board tabled this application until April 18, 1995. 91 93 \� 9 3 U) �* �w 2 3 21 4 �0 20 1 �N a - G\o55 OPEQUON mmo ��\97 rCl 21A m Location Map for PIN: 62-A-16 Variance #001-95 Area shown is zoned RA. • page 1 of p ��G V\Y APPLICATION FOR VARIANCE pE �0 IN THE t COUNTY OF FREDERICK, VIRGINIA .al Date fee Paid �3c3 Debos� V1 initials:` Sign Return Date: MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner _.A�other (Check one) 2. APPLICANT: �J OCCUPANT: (if different) NAME : � .� ✓ ., V►-� 1 ou�c NAME ADDRESS ADDRESS 7— TELEPHONE- �'lo�(o(o�S -lcl((pQ TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): U� A Cadar Creek G, TLop) _o�C �� M�10 CRTU MAGrSt etia 4. The propert/ has a road frontage of feet and a depth of _V_j .feet and consists of acres. (please be exact) 5. The property is owned by o vvin L. (�_ t"-6LJX as evidenced by deed from joer� •� o„�k Ne�Sor1 recorded (previous owner) in deed book no. on page 6 _ 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 C--� 7. 14-Digit Property Identification No.:2 (, 8. The existing zoning of the property is: 9. The existing use of the property is: 2E 10. Adjoining Property: USE ZONING North /&:sI RA East L gwrc South cSr ,,,cam Westt�- 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.") �r6Qe r L , M. __1 S VQ.rI r�co I` � NS o-� �oo5Q- - A. 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 _� fir, pQr 15 (lQV- no Q('ock -1- 1'fQ 1r Trb 'tor T� 'A at . 13. Additional comments, if any 4((-Wclt� \hP, Weser (-\ SL&% �10 0. V" ()u•Prdw cork eAe_ or . • a 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 numbers NAME _' 'Rb�r �- Jaun�i-a �2i5on Aaaress Sc ro rt Properi; Addre CO 13a Propert Address r C4 y Ssn� kt�Add Propeed 6a 1� .-Propert iof(� 1a 5 Propert �Oa- --Address Gree-, Address � Nlr v- IV�rS `�bbe�rsc �rao�lwc�le�- Propert (-0D Addres: 11 Propert Add ea: Propert Addres: Propert Addres: Propert Addres; -Propert VA y' ID" W i nc) 2-sAe-, U A 2 QQ OQ y ID# II # i� Ile r i�,d , �,,) ►rc hes4-, VA aa(�oa y ID# obl VA aaGoa y ID# �1- Ig y ID# y ID# - �-aI - .y ID# :y ID# :y ID# :y ID#. Page 4 of 5 0 is 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. Adjoininq Prooerty YOUR PROPERTY Adpoining Prooert o v A _ Z T r 0 �Addi-1 lion } Pv ert Line i ----------------------=Center of Rood------ — Road OW THESE MEASUREMENTS 0 0 Page.5.of 5 AGREEMENT VARIANCE # C�b � -Q�S 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..- h,.agree to comply with any conditions .for'the variance requiredl.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 beplaced at' 'the front -,'pro . pe-r,ty-,.line at' least. ,_,.<seven. `(7) days prior 'to. the, BZA public hearing and maintained so as to be:'visible'f�rom 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 dl aTE. = 96 0 . SIGNATURE.OF-OANEA DATE (if 'other than applicant) -OFFICE USE"ONLY BZA.PUBLIC HEARING OF ACTION:-: - DATE - APPROVAL r 44- DENIAL . SIGNED.: DATE: 0 OCTOBER 08, 1994 LETTER OF VARIANCE TO WHOM IT MAY CONCERN: This is to inform all interested parties Timothy Giroux, property owners of 186 Miller Winchester, VA 22602 have informed Mr. & Mrs. property owners of the adjacent rear property Schoolmarm Lane Winchester, VA 22602 that the built on 186 Miller Road Winchester, VA 22602 to four (2-4) feet from the property line of Lane Winchester, VA 22602. The deck structure that Mr. & Mrs. Road Robert Nelson, located at 115 deck structure is within two 115 Schoolmarm is less than the ten (10) feet minimum requirement by county code. Mr. & Mrs. Robert Nelson are i of the deck structure on Mr. & does not cause any impediments Schoolmarm Lane Winchester, VA Nelson feel strongly that the present location. n agreement that the location Mrs. Timothy Giroux's property on the property of 115 22602. Mr. & Mrs. Robert deck structure is fine in its r 0 .0 ► 3d 67- 0 rr 5 41 r 1' I C-CWNI R T — W A�O.s r 3 I 16 1 I (q4-D y 1.0607 4 CHES ALL L, • i in it 1� COW4M PalSr 9#OMV AS PROr'ERn' r-OW4R AC'CO%VVC rD SWWY Of A& 3lrAW Aerf2oMrr e r 00LAa.AS C. Livaf oA r[D SP►. 24 1 MO 6' AAV WCOWIM AN CA 75I PC- 191 OMCJVAL jgCW PI'f Co"4W CAILIV "rov /V SL wr a CK xwRiAw ►wAs LAM oG m4ALf pRCpfRTY LAW ACYORL1M4 M A SLAVWY 3 (` or CH. K/QMd AA1D DA IM APft A 1973 AhV RfC10QM ry a a NJ PC A& PRo "n' LPOV A CCG WWG ry a At loJ pa sm lk �a's✓ar �s"L x i // Vi /2 �A✓/off 1I 274 . ry � _ r S fOR r A*RAME 1 RCUOCNCE N 0 i-AW �i. �/�z--r- ►► N : ?.7r w N �oaotio' w I ROU TE 620 jo wof TN p HOUSE LOCiI 77ON SURVEY t�wCER W. oov[ av �ryo s. 7P T r k .1t iA N1 TA / IVEL SON 1-0'�''_ x�� '� Q- GROUNDWATER RESIDENCE DECK STRUCTURE 2' AWAY; FROM PROPERTY LIN ; ; HOUSE AT THIS CORNER ; IS 14.3' FROM PROPERTY LIN } L-j ELFORD ESIDENCE 1l� D GIROUX E C ; 186 K MILLER ROAD 1 DECK STRUC 7UREE ; IS 12' WIDE DECK STRUCTURE IS APPROXIMATELY 5' FROM PROPERTY LINE' DECK STRUCTURE IS APPROXIMATELY * DECK DIMENSIONS 12' W X 42.5' L X 1' H 130' TO ROAD FRONTAGE PROPERTY LINE GIROUX PROPERTY LINE 152' GIROUX/NELSON 186 MILLER ROAD (ROUTE 620) GREEN RESIDENCE NELSON BELL RESIDENCE 0 6 April 7, 1995 COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/678-0682 TO THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) The Application of: TIMOTHY & KEVIN GIROUX APPLICATION #001-95: The applicant wishes to construct a deck onto a nonconforming structure. The variance cited reflects the original setbacks of the time the structure was built, however this setback is nonconforming to todays guidelines. The applicant requests a 13' rear setback variance from the original 15' setback requirement. This property is located at 186 Miller Road (Route 620). The directions to this property are as follows: Travel on, Cedar Creek Grade (Route 622), proceed approximately 4.5 miles turn left onto Miller Road (Route 620). The house is a one story grey ranch with blue shutters. This variance application will be considered by the Frederick County Board of Zoning Appeals at their meeting of April 18, 1995, at 3:25 p.m., in the board room of the old Frederick County Courthouse, Winchester, Virginia. Any interested parties having questions or wishing to speak may attend this meeting. Sincerely, Jean M. Moore Planner I JMM/dc 107 North Kent Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 This is to certify th*e attached correspondence was i'led to the following on APRIL 7. 1995 from the Department of Planning and Development, Frederick County, Virginia: TIMOTHY GIROUX i.186 MILLER ROAD I WINCHESTER, VIRGINIA 22602 ROBERT NELSON 115 SCHOOLMARM LANE i WINCHESTER, VIRGINIA 22602 I DAVID BELL l 137 MILLER ROAD WINCHESTER, VIRGINIA 22602 i JOHN SENYITKO 198 MILLER ROAD j i WINCHESTER, VIRGINIA 22602 i l -------------. PATRICK GREEN 125 SCHOOLMARM LANE I WINCHESTER, VIRIGNIA 22602 i STATE OF VIRGINIA COUNTY OF FREDERICK I, RENEE' S. ARLOTTA ROBERT GRONDWATER 214 MILLER ROAD WINCHESTER, VIRGINIA 22602 Jen M. Moore, Plannann er I Frederick Co. Planning Dept. a Notary Public in and for the State and. County aforesaid, do hereby certify that Jean M. Moore Planner I. for the Department of Planning and Development, whose name is signed to the foregoing, dated APRIL 7, 1995 has personally appeared before me and acknowledged the same in my State and County foresaid. Given under my hand this 7TH day of APRIL 1995 My commission expires on AUGUST 31, 1995 ►J NOTARY PLMLIC COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/678-0682 March 7, 1995 TO THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) The Application of: TIMOTHY & KEVIN GIROUX APPLICATION #001-95: The applicant wishes to construct a deck onto a nonconforming structure. The variance cited reflects the original setbacks of the time the structure was built, however this setback is nonconforming to todays guidelines. The applicant requests a 13' rear setback variance from the original 15' setback requirement. This property is located at 186 Miller Road (Route 620). The directions to this property are as follows: Travel on Cedar Creek Grade (Route 622), proceed approximately 4.5 miles turn left onto Miller Road (Route 620). The house is a one story grey ranch with blue shutters. This variance application will be considered by the Frederick County Board of Zoning Appeals at their meeting of March 21, 1995, at 3:25 p.m., in the board room of the old Frederick County Courthouse, Winchester, Virginia. Any interested parties having questions or wishing to speak may attend this meeting. Sincerely, Jean M. Moore Planner I JMM/dc 107 North Kent Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 This is to certify tha4ke attached correspondence was Wed to the' following on MARCH 7, 1995 from the Department of Planning and Development, Frederick County, Virginia: iX:chtOLW, 'T'?MC)'T'MY F.�... KEVEN -L.... 3. Ei 6 M Y L.L,.F-*R IkDj W:ENt..F•IE.91`W—F., VA i 62 A 1.7 NEb:L.90N, 1ROBE:RT C & :JIJANT1?A ..J 1.1!5 :>:3C:F•IC)C)LMAEEM L:ANE: WXNC:MIESI'ki Rf , VA • j DEI.L. .-DAVID A...'3 ..ik 1.18A L. W:ENC1•IE:S1*E:R, 'VA 2260,., A jiA/ f.3[::NY:17WO, :JC)MN -M., C:/0 txE:N'T KIY C:.. 'BE:LF C)RD j W:ENCYHE`S1':E:R, VA 22602.... IGREXN, PA-T-RICK 'H., .Ar NORA 'E . 3.25 'CC:HOOL:MARM `.I.. ANE:: W1NCME8TE:R, 'VA., -- — - - - - M'..•y»6G.as».- 62 A 21 GrF (X)NDWAT..E,,R, ; RDPERT ,N 1ST MARY S. t' is 1 14 MIL.L:E R "F C)AI) WINOVIE.STEER, . VA i STATE OF VIRGINIA COUNTY OF FREDERICK I, RENEE' S. ARLOTTA (Lem f A16-e-- Xrederick n M. Moofe, Planner I Co. Planning Dept. , a Notary Public in and for the State and County aforesaid, do hereby certify that Jean M. Moore Planner I for the Department of Planning and Development, whose name is signed to the foregoing, dated MARCH 7, 1995 has personally appeared before me and acknowledged the same in my State and County foresaid. Given under my hand this My commission expires on 7 day of MARCH 1995 AUGUST 31, 1995 7 91 93 93A41, w M 95A m 2 3 21 6�0 20 N P �0 a N� OPEQUON Gt eel Gea �1 we 21A Vl, 0 Location Map for PIN: 62-A-16 Variance #001- J5 Area shown is zoned RA.