HomeMy WebLinkAbout02-95 Joseph & Patricia Neely - BackfileRECEIPT
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FREDERICK COUNTY DEPT. OF PLANNING AND DEVELOPMENT
P. O. BOX 601, 9 NOR7 H LOUDON ST.
WINCHESTER, VIRGIIJIA 22601
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COUNTY of FREDERICK
Department of Planning and Development
703/665-5651
FAX 703/678-0682
March 27, 1995
Joseph and Patty Neely
1111 Siler Road
Winchester, VA 22603
RE: VARIANCE APPLICATION #002-95: JOSEPH & PATTY NEELY, PIN 19-A-67
Dear Mr. & Mrs. Neely:
This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at
their meeting of March 21, 1995.
The Board of Zoning Appeals approved your application for a 33' side yard variance for an
attached room located on the west side of the property; a 44' side yard and a 12' rear yard
variance for an attached room located on the north side of the property.
If you have any questions regarding the approval of this application, please feel free to call
this office.
ESince ely,
VA&--U
W. W e Miller
Zoning Administrator
WWM/dre
107 North Kent Street P.O. Box 601
Winchester, VA 22601 Winchester, VA 22604
BZA REVIEW DATE: 03/21/95
VARIANCE #002-95
DARROLL & PATRICIA NEELY
LOCATION: The directions to this property are as follows: From
Winchester travel approximately 7 miles on North Frederick Pike
(Route 522 North), turn right onto Siler Road (Route 600), proceed
approximately 1.8 miles, property is on the left.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 19-A-67
PROPERTY ZONING & USE: Zoned - RA (Rural Area)
Land use - residential
ADJOINING PROPERTY ZONING & USE: Zoning - RA (Rural Area)
Land use - residential
VARIANCE: A 33' side yard variance for an attached room located on
the west side of the property; a 44' side yard and a 12'
rear yard variance for an attached room located on the
north side of the property.
REASON FOR VARIANCE: The applicant states that "we purchased the
house with the intention of expanding as our family grew, unaware
of the restrictions on the proposed building locations. The
location of the well prevents building on the only side of the
house that would not violate restrictions."
STAFF COMMENTS: The applicant is requesting a variance to build
two room additions to a nonconforming structure. At the time that
the house was constructed,, the yard setback requirements were 15'
on the sides and 50' in the rear. Today, the setback requirements
are 50' on the sides and rear when the property adjoins either
vacant land or land that is used for residential purposes. .
Although the room which is proposed to be constructed on the north
side of the home (room 1) will still remain within the original
setback requirement of 151, the addition will increase the degree
of nonconformity of the structure. The second addition, which is
proposed to be constructed on the west side of the home will come
within 6' of the side property line.
Although the location of the well does prohibit any addition to be
constructed on the east side of the structure, increasing the
structures nonconformity is not encouraged.
STAFF RECOMMENDATIONS: Staff recommends 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:�y OCCUPANT: (if different)
NAME: a r+^o (I , l . W ee lam_ NAME:
ADDRESS ADDRESS:
W inckesfer , VA ZZ60Z
TELEPHONE: 00 3) ??9 - 30q,3 TELEPHONE:
3. The property is located at (give exact directions and include
State Route numbers):
Qt. 522 Worth �ra,ti (.yrh Star -to 2t, 600 , !�,Xrox. 7 nli'lPS
ki�kr am, ot, 600 4,ae(bX , I . 8 Males d kl ie jl� ,
4. The property has a road frontage of feet and a depth
of feet and consists of 2.20ct acres. (please be
exact)
5. The property is owned by b Jose 11 � P44rict,, P, (F . &)te-(
as evidenced by deed from 12LLsse( G. � 4Jcr.�w.,T b,-e sZ.%_ r corded
(previous owner)
in deed book no. on page Z.3 ® 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: 6C C""bor'o
7. 14-Digit Property Identification No.: Iq -A -67
8. The existing zoning of the property is: RA
9. The existing use of the property is:
10. Adjoining Property:
USE ZONING
North 4,( lc/�
Eastrs�Yle7i�.0 ,�lY
South /Zzs,u�„fia�
West peA
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.") ,
i
("I A 3�.D -51
r..1cu �Oyc 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 /i
G it j2L�-C4A,SeG� Y ka tSf e<r; ��t itit fGK �iL� o �tt/.Yc✓cc���1g Ks 6xA 4,"Afy7
4� w c-na JOzc, AmS
7k, �4k u-�eV pr^e„-e-ls an4, s.de c,� 4tc 6wus,.e-
13. Additional comments, if any _-_�
4-n, ex ��2aFeSf nCi'S�bch^T ,.rDlos� /J
fi-Ac /5 cgrses f 4o hk�- gtbpe)S P-d U'e-rbed c��se 1,zs Lug,,
a"," b� AL( 04,.e-r-
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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 P,®, JIOK Z24,Oq
/3
Property ID# 19 - A _ 60 ...
SWer W; zzaas
%3ct.rrY`e c 'Beclf..
Address
�Ot _ A- 60
Property ID#
Address P o o Rex- 2361
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J o-A R "poi-i..5oxt
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Property ID#
(r,I,yv-e- l
Address A
A
Property ID#
Blvd, 5. Lgclk rA- Zv`1
Address
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eJ e rant 'E- /�/Ui{NLLIl L
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Property ID#
Fp
aaressroperty I
es
Property ID#
Address
Property ID#
Address
Property ID#
es
Property I
Address
Property I
Page 4 of 5 •
15. Provide a sketch of th
Show proposed and/or
including measurement
nearest structure(s) o
any other exhibits,
application.
e 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
Adjoining Property YOUR PROPERTY A oinin Property
a
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�Addi,
$
j
Pn erty Line i
----------------------=Center of Rood -------
Rood
SHOW 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 APPLICANT -A d' �` DATE Z —zq ^,7S—
SIGNATURE OF OWNER
(if other than applicant)
-OFFICE USE ONLY -
DATE
BZA PUBLIC HEARING OF ACTION:
— DATE —
APPROVAL
DENIAL SIGNED: vJ
BZA AIRMAN
DATE:
BKtIbPGI797
THIS DEED, made and dated this 26th day of March, 1992, by
and between RUSSELL G. DODSON and NORMA J. DODSON,.his wife,
hereinafter called the Grantors; and D. JOSEPH NEELY and
PATRICIA R. E. NEELY, his wife, hereinafter called the Grantees.
WITNESSETH: 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
Grantors do 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,
together with all rights, rights of way, privileges,
improvements thereon and appurtenances thereto belonging, all of
the following realty:
All of that certain lot or parcel of
land, lying and being situate about three
miles North of Gainesboro in Gainesboro
Magisterial District, Frederick County,
Virginia, and being the same land identified
and designated as Parcel No. 11-B, Tract 1
on the Plat of Rhine Forest Estates, which
is recorded in the Office of the Clerk of
the Circuit Court of Frederick County,
Virginia, in Deed Book 354, at Page 230; and
further described by plat and survey of
David Furstenau, L.S., dated March 21, 1992
attached hereto and incorporated by
reference as if set out in full. This is
the same property conveyed to the Grantors
herein from Arthur Smith and Margaret L.
Smith, his wife, by deed dated July 24, 1987
and recorded in the aforesaid Clerk's Office
in Deed Book 654, at Page 794. Reference is
here made to the aforesaid plats, surveys,
deed and the references contained therein
for a further and more particular
description of the property conveyed herein.
This conveyance is made subject to all legally enforceable
restrictive covenants and easements of record affecting the
aforesaid realty.
_ � 1
B K 7 1798
WITNESS the following signatures and seals:
(SEAL)
RUSSELL G. DODSON
(SEAL)
NORMA J. ODSON
STATE OF VIRGINIA,
COUNTY OF FREDERICK, to -wit:
I, a Notary Public in and for
the State and County aforesaid do hereby certify that RUSSELL G.
DODSON and NORMA J. DODSON, his wife, whose names are signed to
the foregoing deed dated March 26, 1992, have personally
appeared before me and acknowledged the same.
o
Given under my hand this � day of-4-eh, 1992.
My commission expiref j l
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PARCEL 11-B TRACT 1
RHINE FOREST ESTATES
�1110C FREDERICK COUNTY .VIRGINIA
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PARCEL 11-B
2.209 RCR.
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1 5TORY BRICKi� Ary
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p 'o, /�E35013 40 W
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C) STATE ROUTE 600
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PLAT IS RECORDED IN DEED BOOK 354 AT PACE 230.
THIS LOT DOES NOT FALL IN A FLOOD HAZARD ZONE
HOUSE LOCATION SURVEY
FURSTENAU SURVEYING
STEPHENS CITY, VIRGINIA 22655
VIRGINIA: FREDERICK COUNTY, SCT.
This instrument of writing was produced to me on the
I —16(�l _day of , 1992 at 3 bC pry
and with certificate of acknowledgment thereto annexed
was admitted to record. Tax imposed by Sec. 58-54.1 of
$ )s �� and 58-54 have been paid , if assessable.
- ,N
CLERK
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(ODAVID
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M.FURSTENAU
NO. 1455
Gr
O S U R\1
DATE: MAR. 21, 1992
SCALE:1_100� '
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Table 3.1
r o)",fiki,w1 Distances (in feet) Between a Well
and a Structure or Topographic Feature
Structure or Class IIIC or IV Class III A or B
Topographic Feature
Building Foundation
10
10
Building Foundation
50(t)
5011)
(Termite Treated)
House sewer Line
50(2)
50(2)
Sewer main Including force mains
50(3)
50t31
Sewerage System
50
50
Pretreatment System
50
50
(e.g., Septic Tank,
Aerobic Unit, etc.)
Sewage Disposal System or other
100 s
50
contaminant source
:.
(e.g., drainfield, underground
storage tank, barnyard,
hog lot, etc.)
Cemetery
100
50
Sewage Dump Station
100
50
1. See section 3.4 F.
2. Private wells shall not be constructed within 50 feet of a house sewer line except as provided below.
Where special construction and pipe materials are used in a house sewer line to provide adequate
protection, and the well is cased and grouted to the water bearing formation, all Classes of private wells
may be placed as close as 10 feet to the house sewer line. Special construction for house sewer lines.
constitutes cast iron pipe with water -tight lead caulked joints or mechanical joints using neoprene
gaskets, or solvent welded Schedule 40 or better polyvinyl chloride (PVC) pipe. It is the responsibility
of the applicant to provide documentation from the contractor that such construction and pipe materials
have been installed. In no case shall a private well be placed within 10 feet of a house sewer line.
3. Private wells shall not be constructed within 50 feet of a sewer main except as provided below.
Where special construction and pipe materials are used in a sewer main to provide adequate protection,
and the well is cased and grouted to the water bearing formation, Class III wells may be placed as close
as 35 feet to a sewer main and Class IV wells as close as 10 feet. Special construction for sewer mains
constitutes ductile iron pipe with water -tight joints, solvent welded Schedule 40 or better polyvinyl
chloride (PVC) pipe (SDR - 35 plastic PVC with Neoprene gaskets). It is the responsibility of the
applicant to provide documentation from the local building official or sanitary district that such
construction and pipe materials have been installed. In no case shall a Class III well be placed within 35
feet of sewer main. I.,ikewise, in no case shall a Class IV well be placed within 10 feea of a sewer
main.
25
B. Downslope siting of wells from potential sources of pollution.
Special precaution shall be taken when locating a well within a 60 degree arc directly
downslope from any part of any existing or intended onsite sewage disposal system or
other known source of pollution, including, but not limited to, buildings subject to
termite or vermin treatment, or used to store polluting substances or storage tanks or
storage areas for petroleum products or other deleterious substances. The minimum
separation distance shall be: (i) increased by 25 feet for every 5.0% of slope; or (ii) an
increase shall be made to the minimum depth of grout and casing in the amount of
five feet for every 5.0% of slope.
C. Sites in swampy areas, low areas, or areas subject to flooding.
No private well covered by these regulations shall be located in areas subject to the
collection of pollutants such as swampy areas, low areas, or areas subject to flooding.
Wells located in flood plains shall be adequately constructed so as to preclude the
entrance of surface water during flood conditions. At a minimum, such construction
will include extending ,the well terminus 18 inches above the annual flood level.
Other requirements may be made as determined on a case by case basis by the
division.
a..
D. Property lines.
There is no minimum separation distance between a private well and a property line
established by these regulations. The owner is responsible for establishing a
separation distance from property lines such that the construction and location of the
well will be on the owner's property and comply with any local ordinances.
E. Utility lines.
There is no minimum separation distance between a private well and utility lines
(electric, gas, water, cable, etc.). The minimum separation distance may, however, be
established by the individual utility company or local ordinance.
F. Pesticide and Termite Treatment.
No Class III private well shall be placed closer than 50 feet from a building
foundation that has been chemically treated with any termiticide or other pesticide.
No Class IV private well shall be placed closer than 50 feet to a building foundation
that has been chemically treated with any termiticide or other pesticide except as
provided below. Further, no termiticides or other pesticides shall be applied within
five feet of an open water supply trench. A Class IV well may be placed as close as
10 feet to a chemically treated foundation if the following criteria are met:
1. The aquifer from which the water is withdrawn must be a confined aquifer (i.e.,
there must be an impermeable stratum overlying the water bearing formation).
2. The well must be cased and grouted a minimum of twenty `feet or into the first
confining layer between the ground surface and the water bearing formation from
26
which water is withdrawn, whichever is greater. When the first confining layer is
encountered at a depth greater than twenty feet, the well shall still be cased and
grouted to the first confining layer between the ground surface and the water
bearing formation from which water is withdrawn.
3. The material overlaying the confined aquifer.must be collapsing material.
G. Exception for Closed -loop ground -source heat pump wells.
Closed -loop ground -source heat pump wells, depending upon construction, may not
have to comply with the minimum separation distances for Class IV wells listed in
Table 3.1. If the well is grouted 20 feet, the minimum separation distances must
comply with those listed for Class IV wells. If the well is grouted a minimum of 50
feet, the separation distances shall be those listed for Class III A or III B wells. If the
well is grouted the entire depth of the well, the well does not have to comply with the
minimum separation distances contained in Table 3.1.
§ 3.5. Site protection.
A. No objects, articles, or materials of any kind which are not essential to the
operation of the well shall be placed or stored in a well house, on the well head or
well pump or water treatment system, or within close proximity to them.
B. Fencing of an area around the well, or the placement of other barriers or
restrictions, may be required as a condition of the permit under certain
circumstances, such as to prohibit livestock access to the well head or to prohibit
vehicles from damaging or polluting the area around the well head.
C. The area around the well shall be graded to divert surface water away from the
well.
§ 3.6. Materials.
A. General.
All materials used in private wells shall have long term resistance to corrosion and
sufficient strength to withstand hydraulic, lateral and bearing loads.
B. Casing.
Materials used for casing shall be watertight and shall consist of wrought iron,
concrete tile, clay tile, steel, stainless. steel or plastic, all designed for water well
use or other suitable materials as determined by the division . The division shall
maintain a list of approved casing materials.
27
�mFd61 �.
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VAIRIANCE
APPLICATION PACKAGE
CK COUNTY,
VIItGING1
Department of Planning and Developmmnt
P.O. Box 601, 9 North Loudoun Street
Winchester, Virginia 22601
(703) 665-5651
REVISED 4/93
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: MR. & MRS. DARROLL NEELY
APPLICATION #002-95: The applicant wishes to construct and add two rooms to a
nonconforming structure. The variances cited reflect the original setbacks of the time the
structure was built, however these setbacks are nonconforming to todays guidelines. The
applicant requests a 2' side yard variance from the original 15' side setback requirement and
a 12' rear yard variance, for an attached room located on the north side of the property; a
9' side yard variance from the original 15' side setback requirement, for an attached room
located on the west side of the property. Directions to this property are as follows: from
Winchester travel approximately 7 miles on North Frederick Pike (Route 522 North), turn
right onto Siler Road (Route 600), proceed approximately 1.8 miles, property is on the left.
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,
Jan M. Moore
Planner I
JMM/dc
107 North Kent Street P.O. Box 601
Winchester, VA 22601 Winchester, VA 22604
This is to certify tha0e attached correspondence was *led to the following on
MARCH 7, 1995 from the Department of Planning and Development,
Frederick County, Virginia:
19 A 6'7
NEE:LY, D .,JOSEPH & PATRICIA R.E-
iiii SILER RD
WINCHESTER, VA. 22603-
19 A 60
BROWN, THOMAS A
321 SHAWNEE AVENUE
WINCHESTER, VA 22601-•
THOMAS BROWN
P.O. BOX 3203
WINCHESTER, VIRGINIA 22603
19 A 601
FARRE:LL, BARRIE: C & BECKA R
1205 SILER RD
WINCHESTER, VA 22603-
19 A 66
ROBINSON, JACKSON A.
F' O BOX 2361
WINCHESTER, VA 22604--
19 4
NORMAN, JEROME M. & L.EAH M-
4-709 SCHOONER BLVD
SUF'FOL.K , VA 23435--
STATE OF VIRGINIA
COUNTY OF FREDERICK
j, RENEE' S. ARLOTTA
i
( /AL---L
an M. Moor Planner I
rederick 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 7TH day of
MARCH 1995
My commission expires on AUGUST 31, 1995
NOT Y PU 1C
57
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Location
Map
for
PIN:
19-A-67
Variance
#002-95
Area shown is
zoned
RA.