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Home My WebLink About20-95 Richard Comer - Opequon - Backfilet RECEIPT FREDERICK COUNTY DEPT. OF PLANNING AND DEVELOPMENT * P. 0. BOX 601, 9 NORTH LOUDON ST. ` 2 024693 WINCHESTER, VIRGINIA 22601 AMOUNT DUE �,,�/�,J � (" �JL7j 0 DATE OUi� Pr j RECEIVED FROM �� `' �MOUl� \�/>• 1 1� �J..�� 7 L�[! BALANJ DUE ADDRESS "" (�J �yw� f��/ {\'�/✓y�`�� ' THE SUM OF `�^�w -'(.�y �.J` \ ,`DOLLARS $ PAID BY 1i CASH FORQ� n I CHECK c)' El OTHER t ''T I BY DAY -TIMERS RE -ORDER No. 3221 — Printed in USA COUNTY of FREDERICK Department of Planning and Development 703/665-5651. FAX 703/ 678-0682 October 23, 1995 Mr. Richard Comer 101 Tern Avenue Stephens City, Virginia 22655 RE: VARIANCE APPLICATION #020-95: RICHARD COMER-, PIN 75I-1-3-307 Dear Mr. Comer: This letter is to confirm action taken by(the Frederick County Board of Zoning Appeals at their meeting of October 17, 1995. The Board of Zoning Appeals approved your application for a 4' rear yard variance for an attached two car garage. If you have any questions regarding the approval of this application, please feel free to call this office. Sincerely, Eric R. Lawrence Planner I ERL/dre 107 North Kent Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 1 _ COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/678-0682 MEMORANDUM TO: Finance Department FROM: Karen A. Clark, Receptionist/Clerk II SUBJECT: Return Of Sign Deposit DATE: October 18, 1995 10 /g The amount of $25.00 was deposited in line item #10-1911-08 for the person named below as a deposit for a sign. They have now returned the sign and are therefore entitled to the return of their deposit. Please send a check in the amount of $25.00 to: Mr. Richard Comer 101 Tern Avenue Stephens City VA 22655 Please contact me if you, have 'any questions. RSA/kac 107 North Kent Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 BZA REVIEW DATE: 10/17/95 VARIANCE #020-95 RICHARD COMER LOCATION: This property is located at 101 Tern Avenue, Stephens City, Virginia. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 75I-1-3-307 PROPERTY ZONING & USE: Zoned RP (Residential Performance); Land Use - residential ADJOINING PROPERTY ZONING & USE: Zoning RP (Residential Performance); Land Use - residential VARIANCE: Requesting a 4' rear yard variance for a proposed two car garage. REASON FOR VARIANCE: The applicant states that the shape of the property, in addition to the placement of the house, restricts him from building an attached two -car garage. STAFF COMMENTS: HISTORY The applicant purchased the property and dwelling unit in March 1990. As no attached garage was planned, the dwelling unit was placed in the middle of the property, complying with all setback requirements. REQUEST Since living at the property, the applicant has determined that he is interested in constructing an attached two -car garage. This decision is based on his recent heart attack and the impacts the winter and summer seasons have on his health. L\ L] Page 2 Variance #020-95 Richard Comer The attached garage would enable the applicant to travel between his vehicles and residence without exposure to the elements. Staff understands the applicants interest in avoiding the extreme high and low temperatures common in this region, but the avoidance of the elements is not suitable justification for a variance. ZONING ORDINANCE Chapter 165, Section 65 of the Frederick County Zoning Ordinance describes the setbacks for single-family detached traditional dwellings. The minimum yard setbacks for this property are: 35' from road right-of-way; 10' from side property lines; and 25' from rear property lines. On corner lots, the front yard shall be deemed the shortest side with frontage on the street. And the rear yard shall be that yard opposite the front yard. Therefore, the portion of the applicant's yard where he proposes to construct a garage is the rear yard; requiring a 25-foot setback. Based on current yard setbacks, an attached one -car garage may be constructed on the property while complying with the required setbacks. Additionally, the ability to construct a detached two -car garage exists. The Zoning Ordinance permits accessory structures (detached garages) to be built with five-foot rear and side yard setbacks. Both of these options are available to the applicant. BZA CONSIDERATIONS The Powers and Duties of the Board of Zoning Appeals states that the BZA shall authorize variances when: the ordinance places an unnecessary and undue hardship upon the property owner; and the same setback requirements are not applied to each lot in a subdivision. Based on the ordinance setback requirements, the applicant may build an attached one -car garage on the north side of his house. Additionally, as mentioned above, the applicant may construct a detached two -car garage on the property. The ability of the applicant to construct an attached one -car garage or a detached two -car garage exemplifies that the ordinance does not restrict the use of this property; an unnecessary and undue hardship does not exist. The setback requirements for this property are the same as the setbacks for similar corner lots in the Greenbriar subdivision. Therefore, the ordinance does not place an unnecessary or undue hardship upon the property owner, and the requested variance should not be granted. 0 Page 3 Variance #020-95 Richard Comer Staff strongly encourages the Board to consider the options available to the applicant, and reinforce these options by denying the applicant's request for a variance. STAFF RECOMMENDATION: Staff recommends that the variance be denied. 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: NAME 'l.'_ ,oaq kA . Cume2 ADDRESS 10I `Te (Z+n (-Ave. TELEPHONE:— $(001 _fU 5 � OCCUPANT: (if different) NAME: ADDRESS: TELEPHONE: 3. The property is located at (give exact directions and include State R`outfe� numbers): i�or�`�fs1' o+ ��her�S ��,, � �!irq�r.i�, � �A �ACen`T � n-� D'� •+�. 1J7p2 ig ��4P1 4. The property has a road frontage of �Tf),Sly feet and a depth of feet and consists of ,21)�5_ acres. (please be exact) 5. The property is owned by as evidenced by deed from e l e recorded previous owner) in deed book no. k4 l on page �, of the dee '- books of the Clerk of the Court for Frederick County. Attach . a copy of the deed. ` gE� • °� 4 oe�E� page 2 of 5 6. Magisterial District: V)VOegL,nH 7. 14-Digit Property Identification No.: rj�5Y -1 - 3 - 3C)'1 8. The existing zoning of the property is: RIn 9. The existing use of the property is : �e Io e n'7- l,a L 10. Adjoining Property: USE ZONING North eS P East �5 South es _ West 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.") -IV/ J AR(J A2jPnce -42 4-)gOPo6e12 --j- jo Cf�2 �A2A�i�. 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 1,3111a Of /OroeOIC , 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- diQit property identification number) NAME Address S�sep d�ebrir,r� 14N A/,q Jn'}a e l-ce_ ,� Property ID#°��''Y Address r) I 3 r 3e /5 L20 Property ID#L6 i, c Ag La 4 j)4 • f2JL0 1 L 3o�s �:z - / -- 3- L3 OK Address Low s G-An 1.; �, �'o j`c-.o '-) lqv� . S4ephpns C, , `\"C_ Property ID#17 2t,tSs 11 Address DJ T- 1 - - 3 1 'l 't7,4-1,- r �A��2P I�gmrnerSt`1 /OtiLJ lVA2NAu Property ID# 'I ! Address 1 �x 3- 3 ) Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# GeNu & w s g �� 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 APPLICANT SIGNATURE OF OWNER--- - (if other than applica -OFFICE USE ONLY- BZA PUBLIC HEARING OF - DATE - II APPROVAL DATE _DATE ACTION: DENIAL SIGNED: BZA CHAIRMAN DATE: RICHARD A. AND DIANE C. COMER 101 TERN AVE. GREENBRIAR SUB. STEPHENS CITY, VIRGINIA 22655 540-869-7232 TO WHOM IT CONCERNS: IN REFERENCE TO THE VARIANCE REQUEST APPLICATION BEING SUBMITTED, WE WANT TO BUILD A TWO -CAR GARAGE TO HOUSE OUR VEHICLES FROM THE WEATHER, (SNOW, COLD) AND A UTILITY ROOM AND INSTALL A PAVED DRIVEWAY. THE REASON FOR BUILDING THIS ADDITION NOW, IS BECAUSE I HAD A HEART ATTACK LAST YEAR, AND THIS WILL KEEP ME OUT OF THE COLD AND HEAT GOING TO OUR CARS, ALSO WE ARE FINANCIALLY ABLE TO AFFORD THIS ADDITION NOW. USING OUR PROPERTY AND NOT INFRINGING ON OUR NEIGHBORS LAND, WE NEED A VARIANCE OF APPROXIMATELY FOUR FOOT TO NOTHING. THIS IS DUE TO SURVEY LINE NOT BEING SQUARE (I.E. PLAT DRAWING). THANK YOU FOR YOUR CO-OPERATION IN THE THIS MATTER. SINCERELY, (� RICHARD A. COMER • • BK741PGO882 T UDAV#'D M. ruK� 1 EnAU � so 455 LOT 307 OF R RESUBDIVISION OF A PORTION OF SECTION 3 GREENBRIRR VILLAGE FREDERICK COUNTY, VIRGINIA I I LOT 306 N 20012'02"E 133.60, W 35.5, F;ECK] N Q U7 W I cum vo CL_ I ONE STORY FRAME Z � PORCH v' z LOT 307 12,000+ �g (t CA', As 00, 20' DRAINAGE ESM'T. - S 16010'14"W 100.55' TERN AVENUE (50 FT. R/W) AA Lots are Stnple Farrdlr Detached . TradltlonaL AU Lots we subject to a 1(r Slope i Oralugs Easement along aA fthts-ol-Way and a t Dr UWlty Easmem atone all Property Urea, THIS LOT DOES NOT FALL IN A FLOOD HAZARD ZONE. S HOUSE LOCRT I ON SURVEY DATE- JRN.31,1990 FURSTENAU SURVEYING STEPHENS CITY, VIRGINIA 22655 SCALE: OWN. ■Y: VIRGINIA, FRLDERICK COUNTY, SCT. This instrument of writing was pro- duced to me on th �l of 19 0 ' at an with_c_ertificate of ac nowled anent 1� Doti y� S� goo I 1 I w0016 Ave wn9113 -o ' � I i _ • �yF0 �{ � I I I I , I � �• ; i i l I ' i i, %A,VO4 � , • v N k `4 v O .r N HARRISON 6 JOHNSTON ATTORNEYS AT LAW WINCNESTER, VIRGINIA BX741PG0880' THIS DEED, made this day of :�GL-r z , 1990, (also known as Wayne S. Warfield, Sr.) between Wayne S. Warfield,/as if a homme sole, of the one part, hereinafter called the Grantor; and Richard A. Comer and Diane C. Comer, his wife, of the other part, 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 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, together with all rights, rights of way, privileges and appurtenances thereto belonging, all of that certain lot of land, located in Opequon Magisterial District, Frederick County, Virginia, lying and being situate a short distance Northeast of Stephens City, Virginia, on the Northwest corner of Nightingale Avenue and Tern Avenue and more particularly described as Lot 307 of Greenbriar Village, Section Three, on that certain plat and survey of Gilbert W. Clifford & Associates, Inc., dated March 3, 1989, attached to the Deed of Re -Subdivision of Greenbriar Village, Section Three, dated July 17, 1989, and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 720, at Page 948 and further described on that certain house location survey of David M. Furstenau, Land Surveyor, dated January 31, 1990, attached hereto and made a part hereof; and being the same property conveyed to the Grantor herein by Fred L. Glaize, III, et al, by deed dated March 2 / " , 1990 and recorded in the aforesaid Clerk's Office in -Deed Bookat Page 6P!,017. This conveyance is made subject to all legally enforceable sic TA 1 PG 0 8 8 I, restrictive covenants and easements of record affecting the aforesaid realty, including those certain conditions and restrictions set forth in the Deed of Dedication of Greenbriar Village, Section Three, recorded in the aforesaid Clerk's Office in Deed Book 686, at Page 60. WITNESS the following signature and seal: W (SEAL) ' e S. Wa eld STATE OF VIRGINIIA, AT LARGE, �c OF- -- , To -wit: The foregoing instrument was acknowledged before me this t� (also known as Wayne S. Warfield, Sr.) day of C' 1990, by Wayne S. Warfield,/as if a homme sole. ,,- My commission expires, (SEAL) HARRISON & JOHNSTON ATTORNEYS AT LAW WINCHESTER, VIRGINIA - 2 - Page 4 of 5 15. Provide a sketch of the propea: (you may use this page). Show proposed and/or existing structure er on the propty, includi� measurements to all �roperty _l;nPs and to the ne— rest structures)- on adjoining properties. Please include any other exhibits, drawings or photographs with this application. �'��►�cneci .��1c�4`� t 3 Adjoining PropertyYOUR PROPERTY inin Property 0 I r tAddi 1 $ [Property Line i ----------------- - - ---=Center of Rood RoodOw THESE MEASUREMENTS 0 COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/678-0682 October 3, 1995 TO THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) The Application of. RICHARD COMER APPLICATION #020-95: The applicant is requesting a 4' rear yard variance for a proposed two car garage. This property is located at 101 Tern Avenue in the Opequon District and is identified with PIN 75I-1-3-307 . This variance application will be considered by the Frederick County Board of Zoning Appeals at their meeting of October 17, 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, W. Wayne iller Zoning A ministrator WWM/dc 107 North Kent Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 0 This is to certify that the attached correspondence was mailed to the following on OCTOBER 3, 1995 from the Department of Planning and Development, Frederick County, Virginia: RX(::1---JAffl} .A.., & D I ANEi: t:.., WTNt)F°II":$T•I":R, VA ; 22604 f 1}(:)VI":, .K)Sli14-1 G '& :iaEi1.04:1:NA M I. C)N1-';F :)R .1.42 N:I GH T'NG AL.:E:: •PAVE-:N(.Jr," :i3TIa:f:•11I::N;i3. C,17•Y, VA +ME2:1. IND A M.P„ El' (AL.:{:i 3.:'527 NF°:S T'I:ET: 'DR VA. 226 4... r,., a: �. :x :n a..•r , Ma:LATT-111:1 L..tS)l.lIS 11.1 ,Jfv & C,YNT1.43:A Ei: 1.02 'T.E:RN AVENUE. VA. VANNA{:J, .:D AL.:Ei: & L..F►UR11:•.. +-1 AMME-.R$L.Y J 1.00 i•t":FAN FAVE::NLJEi 1 {•. TTY, VA. �RICHARD A. COMER 101 TERN AVENUE ST ,pRnj, S CITY, VIRGINIA 22655 Eric R. Lawrence, Planner I Frederick Co. Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I, DEVICE R. CATHER , a Notary Public in and for the State and County aforesaid, do hereby certify that Eric R. Lawrence, Planner I, for the Department of Planning and Development, whose name is signed to the foregoing, dated OCTOBER 3, 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 3 day of JULY 31. 1999 OCTOBER 1995 NOTARY PUBLIC O c/ O G.I.S. WORK ORDER, Department of Planning & Development GIS 9 North Loudoun Street a' Winchester, VA 22601 --t-- 703-665-5651 " The following information needs to be supplied to request production of mapping or graphics from the Planning Department. DATE 61LI12ES CONT. DESCRIPTION OF PROJECT: REQUESTED COMPLETION DATE: PHONE: — For Planning Department Use — Materials & Supplies: Keep Sto in e? Yes No Public Use Fee � Total Time Spent on Project: Comments; Q W, rA M i1�d i �� _� S C 1 544046039 POLAROIG''- 3 v mmv4m,;�- --.� 01544046039 POLARMIT' ., 01 544046039 POLAR 01rjl-,� S U