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Home My WebLink About21-95 William Battaile - Gainesboro - BackfileMEW F RECEIPT NZ 024715 AMOUNT DUE Q,jsU( A� fu s BALAN DUE $0 PAID BY CASH CHECK L OTHER -uUNTY DEPT. OF PLANNING AND DEVELOPMENT WINCHESTER, VIRGINIA 22601 NNN �` M ` DATE RECEIVED FROM�t►1_. S A� ADDRESS -\dza.WDIARS THE SUM OF FOR BY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 MEMORANDUM M- Finance Department FROM: Karen A. Clark, Receptionist/Clerk 11 11 SUBJECT: Return Of Sign Deposit 191i31Q�j DATE: December 12, 1995 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. William M. Battaille 638 Tennyson Avenue Winchester VA 22601 Please contact me if you have any questions. RSA/kac 107 North Kent Street • Winchester, Virginia 22601-5000 a November 30, 1995 Mr. William M. Battaile 638 Tennyson Avenue Winchester, Virginia 22601 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/678-0682 RE: VARIANCE APPLICATION 4021-95: WILLIAM M. BATTAILE• PIN 31A-1-18 Dear Mr. Battaile: This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their meeting of November 21, 1995. The Board of Zoning Appeals approved your application for a 35' right side yard and a 35' rear yard variance to construct a house. If you have any questions regarding the approval of this application, please feel free to call this office. Sincerely, W. W ne Miller Zoning Administrator WWM/dre 107 North Kent Street • Winchester, Virginia 22601-5000 BZA REVIEW DATE: 11/21/95 VARIANCE #021-95 WILLIAM BATTAILE LOCATION: The directions to this property are as follows: Take North Frederick Pike (Route 522N) to Cedar Grove Road (Route 654) then take (Route 677) to Lake St. Clair Road and turn left, on Road Beltway proceed around the lake to property. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 31 A-1-18 PROPERTY ZONING & USE: Zoned RA (Rural Areas); Land Use - residential ADJOINING PROPERTY ZONING & USE: Zoning RA (Rural Areas); Land Use - residential VARIANCE: Requesting a 35' right side yard and a 35' rear yard variance to construct a house. REASON FOR VARIANCE: Applicant states that " topographical conditions totally prevents building house over stream." STAFF COMMENTS: The lot in question is positioned in between a residential lot and a vacant lot zoned RA. The vacant RA lot would be impacted by this variance request. The minimum side yard and rear yard setback requirement for primary structures in the RA District is 50 feet from adjoining properties whose primary use is residential, Granting this variance would reduce the side yard setback on the side of the vacant RA lot to 15 feet. This may compromise the desirability and future value of the vacant lot. The rear yard setback adjacent to Lake St. Clair would also be reduced to 15 feet. When the lots were originally platted the requirement was for a side yard and rear yard setback of 15 feet. This requirement was changed when the ordinance was amended in 1991. Running diagonally through the Battaile property is a steeply gullied drainage way. In order for Mr. Battaile to build a residence on this property, a side yard variance of 35 feet would be Page 2 William M. Battaile Variance required. However, the request for a rear yard setback variance of 35 feet would place the proposed property directly over a steeply sloped bank that runs down to Lake St. Clair. Although a rear yard variance would be necessary for construction of a residence , granting a rear yard variance of 35 feet may not be practical due to the slope of the terrain. Staff believes that the Battaile variance request meets the test for Board of Zoning Appeals approval as specified in Section 15.1-495(b)(1),(2),and (3) of the Code of Virginia. Strict application of the Zoning Ordinance would produce an undue hardship based on the exceptional topographic conditions of the Battaile lot. STAFF RECOMMENDATION:. Approval 1 0 0 page 1 of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA OFFICE USE ONLY- ;e Applicationo.�. Submittal Deadline al Date For the meeting of ee Paid yec initials: ,ign Deposit y Sign Return Date: MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner \._� other (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME:Ij' I a m M Ji,,++a- r 1 e NAME: ADDRESS 463SlJ c ADDRESS: `A f n C_A e? 5+e y1 ;U (� TELEPHONE: 7,03 - 102 - 721l5_� TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): 1,vi t1on. 22Lke szz W 4o 4. �a d ro f, e.f •� o 1 y4ar� Ul e. 1 The property has a road frontage of feet and a depth of feet and consists of /,5S acres. (please be exact 5. The property is owned by �,' f (,'Qm M ZaY2LQ; /e as evidenced by deed from N\,A�s,IE recorded (previous owner) in deed book no. W on page (C,c>1 of the deed books of the Clerk of the Court for Frederick County. Attach a copy of the deed. 0 • 0 page 2 of 5 6. Magisterial District: 7. 14-Digit Property Identification No.: ''>I A00 l 0ON 6 i c� 8. The existing zoning of the property is: 9. The existing use of the property is: �q�n1s'i 10. Adjoining Property: USE ZONING North East c South ,yAC,41rp RIl West V,A 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.") s?+�aGk Z,, tv. : ki d� IAR`7l 1\A1,, P,t-ati YA10, 4,L)rLoA[cE 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 Q. 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 aaaress IG,94'Q "t<r Sr. Ct1i,Z '6AIV Property ID# Address gal AOO ( d 000 c�, W7 A n �` s�'r %.�r Vi G�(vC7 J Property ID# Address Property ID# Address -Property ID Address Property ID Address Property ID Address Property ID Address Property ID Address Property ID. Address Property ID; Address Property ID; %50 BK 8 4 3 PG' 161 1 PACC z Or �0 %00 50 ° LAKE SAINT GLAIR DRIVE 50' WIDE PT. EEG N I7. 34' 00" E - 223.00' so� eu 1.550 ACRES P.LN. 3/A-l-/8 $ 3 o° A g - ----'0 - - lqJ N � < lV ti Z z r W ILRL S I7.34' 00" W - 225.00' LAKE ST. CLAM Jr Or M UW wuwmr fi--IRON M! WOUND) D) O— am 171 ISE I LOT SUMMARY: LOT 10 L03 ACRES I/2 LOT IS 0.52 ACRES TOTAL L350 ACRES N0. 1498 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 71,1. 4DATE a�ea.�-__Jo SIGNATURE OF OWNER DATE (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF A?5 ACTION: - AT - APPROVAL DENIAL SIGNED: BZ CHAIRMAN DATE: BK8.43PG1610 BOUNDARY LINE ADJ STMENT - LANO OF WILLIAM M. BATTAILE GA/NESBORO DISTRICT FREDERICK COUNTY WRG/N/A 7 AUGUST /995 ZONED RA LOCATION ' d• Me r 2,000• . c, � 3 y� V .P CEDAR GROPE �04 B os �►e d,. 7 SlAvEyon CERTWICATtt THE LAND SHOWN HEREON IS 40T le, LAKE SAINT CLAMP. CONVEYED TO WLLIAM M. BATTAIV BY DEED DATED S JAN WIY IM IN DEED ROOK M PAGE WX AND THE REMAINING PORTION OF LOT 19, LAKE SAINT M AK CONVEYED TO WM L IAM M, BATTAILE BY DEED DATED 29 OCTOBER 1963 IN DEED BOOK 317, PAGE 286. 001I 'S CERMICAM nU CRYISM AS IT A/rEARG ON THAS MAT. IS MATH THE TREE CONSENT AND N ACCORDANCE WITH TIE DESIRES Of THE AREIER- SIM[D OWNER, IMDTOM OR TOWEL CITY/ODum►OP-Ffptm.G.ck GUITE DFy, f te.10I 1i ACKNOWLEDGED SE!'OIIE ME TM Qi+,` orDr or _ Ay c v sz-OUNTY IIKTARIr PIMOLIC �. Mr oa..aloN EOWf1E8 � C Nd�l i "I `t 8 M D� CHAPTER 144 E IV, SECTION 14444-A a1 L H L. ALLEN Emr L A�UEN [BEAT PMESXML LAID SUMEYOR 35 w. easr.Awar Sr. 1499 IMYC OTER, VA 220-4740 7103 667 3233 �� t'I� SV11f 2 ' PAGE 2 OF 3 00 BK643PG•1611 50 %00 50 0 LAKE SAINT CLAiR DRIVE 50' WIDE PT. DEG• i9 0—VM PIN WOUND) p—IRON PIN ISM LOT SUMMARY: 7 u LOTI• L03 ACRES I /2 LOT 19 0.52 ACRES TOTAL L530 ACRES N IT• 34' 00" E - 225.00' so• eel. 1.550 ACRES P.LN.3/A-1-19 �I b 0 w 0 �� r n: I en z >; 50' exL. �I S IT* 34' 00" W - 225.00' LAKE ST. CLAIR zomm M WE MICANT Lµ N EBERT XN Na 1498 •BK843 PGI.609 The attached Plat, made by L. Allen Ebert, Land Surveyor, Winchester, VA., dated 7 August 1995, is a Boundary and Consolidation Survey of LOT 18, LAKE SAINT CLAIR, conveyed to William M. Battaile by Deed dated 8 January 1962 in Deed Book 275, Page 552, and the remaining portion of LOT 19, LAKE SAINT CLAIR, conveyed to William M. Bauaile by Deed dated 29 October 1965 in Deed Book 317, Page 286. The said Land lies in Gainesboro District, Frederick County, Virginia. Given under my hand this I (o day of u S , 19 q s� '&elf..7 . — (SEAL) (SEAL) STATE OF V ��=, N ►`fk , Cn%&/COUNTY OF ; C to -wit: I, 3 " e �, L O JJ e-(t�4 , a Notary Public in and for the County and State aforesaid, do hereby certify that \tIS� 1P"'Y m. '9 11e__ whose names are signed to the foregoing Certificate of Confirmation by Owners, and Plat, have personally appeared before me, In my County aforesaid, and acknowledged the same. Given under my hand this �i _ day of A,19 9S—. Notary Public. My Commission expires: • 0 PAGE 3 Of 3 BK843PG 1612 , - The accompanying Plat represents a Boundary and Consolidation Survey of LOT 18, LAKE SAINT CLAIR (a matter of record in Deed Book 256, Page 127), conveyed to William M. Battaile by. -Deed dated 8 January 1962 in Deed Book 275, Page 552, and the remaining portion of LOT 19, LAKE SAINT CLAIR, conveyed to William M. Battaile by Deed dated 29 October 1965 in Deed Book 317, Page 286. The said Land fronts the Eastern Boundary Line of Lake Saint Clair Drive, a 50 ft. Private Access Easement leading from Saint Clair Road, Va. Route 677, in Gainesboro District, Frederick County, Virginia: Beginning at an iron pin (set) in the Eastern Line of Lake Saint Clair Drive, a corner to the Scully Land; thence with the said Line, N 17° 34' 00" E - 225.00 ft. to an iron pin (found), a corner to Lot 17; thence with the Southern Line of the said Land, S 72° 26' 00" E - 300.00 ft. to an iron pin (set) in the Western Line of Lake Saint Clair; thence with the said Line, S 170 34' 00" W - 225.00 ft. to an iron pin (set), a corner to the said Scully Land; thence with the Northern Line of the said Land, N 72° 26' 00" W - 300.00 ft. to the beginning. Containing: 1.550 Acres Surveyed: 7 August 1995 WAR"- RWDOFWW cOounrr. WT. T1A k =i' ,o#~d ton» n Me Md 1rM ektNfoatdpniont 1A4ro10 annexed rIY mdmdmmd to nooe0. Tax 4npwed by IBC. 88.1402 of .ne N.1.401 k.w bow pill, r�..y..q.bb. / t1� , L 1498 GILLESPIE LTD. Real Estate Development 603-A S. LOUDOUN WINCHESTER, VIRGINIA 22601 THOMAS G. SCULLY, JR. PRESIDENT October 10, 1995 The Honorable William M. Battaile 638 Tennyson Avenue Winchester, VA 22601 Dear Mayor Battaile: 703-667-4220 Please allow this letter to confirm our verbal agreement on February 8, 1995, at which time I agreed to allow you to build at the site you indicated, said building site beginning fifteen (15) feet from my property line. As always, if there is anything further I can do, please do not hesitate to call. Yours very truly, Thomas G. Scully, Jr. TGSjr/ds cc: file 0 E November 7, 1995 COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/678-0682 TO THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) The Application of: WILLIAM BATTAILE APPLICATION #021-95: The applicant is requesting a 35' right side yard and a 35' rear yard variance for the construction of a house. This property is located in Lake St. Clair Subdivision in the Gainesboro District and identified with PIN 31A-1-18. This variance application will be considered by the Frederick County Board of Zoning Appeals at their meeting of November 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, W. Wayne M ler Zoning Administrator WWM/dc 107 North Kent Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 This is to certify thq,6the attached correspondence was mailed to the following on Q0VP r1)JP.(` `7, jc)CSfromqVe Department of Planning and Dopmerit, Frederick County, Virginia: Yj'c.lip! Filii:i:i'lt.li;i: ^ .r. yJ(l. t'X> 47f •;r;?:y 61i�ian :fd.:3 VA A 1::• tl X:�CiX w - v- - ww%.." . Wayne Mil r, Zon ng AdminisCrator Frederick Co my Dept: of Planning STATE OF VIRGINIA COU�Y OF��FREEDDERIICK \I�f ,n/ I. V- I If I.f- I\ , ��17► fld , a Notary Public in and for the state and .county aforesaid, do hereby certify that W. Wayne Miller, Zoning Administrator for the Department of Planning.and Development, whose name is signed to the foregoing, dated Nbwye1V- (g �Q� has personally appeared before me and acknowledged the same in my state and county horesaid;�., Given under my hand this day of My commission expires on� NOTARY PUBLIC /�p ()116 LIJ E 07lL ✓17 AZE A /11 -�C' A ,VN, 90"-Itr-L C-PTT-r� r'�> �r •� 4 '•�..�.•r�. ..` �.. ��. 03515107138-2W 1310 1549 COPIES 2, ENLARGEMENTS GRLL 800-4'21-1030 r 6351510? 138-'2W 1310 155.e COPIES & ENLARGEMENTS UU SM-421-1030 r�/ '��7�• �. - ;�""'�. .yam �y�� ,z - �., 63515107138-2W 1310 1551 4UFIES & EMLiPGEMENTS CALL 800-421-1030 0351510?138-2W 1310 1552 COPIES « ENLARGEMENTS GALL 'SM-421-1000 03515107138-214 1310 1553 COPIES & ENLARGEMENTS CALL 800-421-1030