HomeMy WebLinkAbout09-97 Philip D McAvoy - Back Creek - BackfileDate:
Variance Request Tracking Sheet:
Board of Zoning Appeals
File opened
y/ _ Reference Manual updated/number assigned
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Two sets of labels requested from Data Processing
File given to Renee' to update bi-monthly report
MEETING DATE:1'7-q7 j
CLOSE OUT FILE:
FINAL ACTION: �pD�VP
rI �
Approval (or denial) letter mailed to applicant/copy made for file
File stamped "approved"/"denied" or "withdrawn"
Reference Manual updated
D-base updated
Cw
/�-�/ z ' for final update to bi-monthly report
K.UYMCMMC1G CR\TRACK1NG BZA
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CASH
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ORDER
BY
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 54(V 678-0682
TO.- Finance Department
FROM: Karen A. Clark, Receptionist/Clerk Typist II nn��QQ
SUBI CT: ' Return Of Sign Deposit
DAM August 1, 1997
The amount of $25.00 was deposited in line ##10-911-08 for the person named below as a
deposit for a sign for Variance Applicat' n #0 8-9� They have now returned the sign and are
therefore entitled to the return of their deposit. You ay pay this through the regular bill cycle.
Please send a check in the amount of $25.00 to: — he-c'�i ^ q%
Mr. Philip D. McAvoy
113 Ash Hollow Drive
Winchester, VA 2260-2
RSA/kac
107 North Kent Street • Winchester, Virginia 22601-5000
r-1
Wune 19, 1997 - !.
Philip D. McAvoy
/13
Winchester, VA 22601
RE: VARIANCE #009-97 OF PHILIP D. McAVOY
Dear Mr. McAvoy:
0 FIL E COPY
COUNTY of FREDERICK
tment of Planning and Development
5401665-5651
FAY: 540/ 678-0682
This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their
meeting of June 17, 1997.
Your Variance Application, #009-97 for a 12.7' side yard (north) variance for construction of an
addition to an existing residence, has been approved by the Board of Zoning Appeals.
If you have any questions regarding this approval, please feel free to call this office.
Sincerely,
Michael T. Ruddy
Planner I
MTR/cc
107 North Kent Street • Winchester, Virginia 22601-5000
BZA REVIEW DATE: 6/17/97
VARIANCE #009-97
PHILIP D. McAVOY
LOCATION: The property is located at 4531 Back Mountain Road.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 58-1-1C
PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Residential
ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use -
Residential and Vacant
1>.'P
VARIANCE: A 37�k side yard (north) variance for construction of an addition to an existing
residence.
REASON FOR VARIANCE: See attached letter front applicant
STAFF COMMENTS:
Within the RA (Rural Area) zoning district, the side yard setback when adjoining vacant land is 50'.
The existing structure is located closer to the adjoining property line than is currently permitted.
However, this 17' x 45' existing foundation is legally nonconforming. The addition to the existing
foundation would increase the level of nonconformance. This is not permitted.
In this case, 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 hardship approaching confiscation does not exist. The addition could be constructed in a manner
that would not require a variance.
0 0
Variance #009-97, Philip D. McAvoy
Page 2
June 10, 1997
When considering this variance request, two additional conditions should be addressed. First, the
vacation of the property line as noted on the plat, and second, the removal of the mobile home from
the property within a specific period of time, usually within one year to allow completion of the
residence.
STAFF RECOMMENDATION: Denial
File: O:WGENDASTOMMENTSWCAVOYMA
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MAY- 5-97 MON 0 : 1 5 FREDF'? I CK COUNTY 1 5406780682 P.07
Page 1 of 5 APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
1. The applicant is the owner ;/ other-----1. ( Check one)
2. APPLICANT: OCCUPANT: (if different)
NAME: �h,1 P �. ���VAX NAME:
ADDRESS I ^� _ .� /� N2 )10to Dr , ADDRESS:
G'Li io C kesger
TELEPHONE: 5q0 TELEPHONE:
3. The property is located at (give exact directions and include
State Route numbers): n
A)ht Yea► k.5 Soul 5-00�� �C 60,0
ds iS � ��1, hj W a C I(1�� sr ly
rPs a n V
15 ' ha ; 1� e� 4J P f c t t� llf Ar /!
ritre sS -- �Q �, !Ble 0 f40(.e.
4. The property has a road frontage of _1Tf�et and a depth
of _ µ196 feet and consists of acxes. (please be
exact)
5 . The property is owned by h + I p e� 17�0 y
as evidenced by deed frost eqw
CPxav o s o�
I" weed booK no.. 7 a j on page 1l
oo bXEi of the Clark of the Craurt for Frgdde-r-�-c=;
as cepy or Cho Qaad.
MAY- 5-97 MON 0:16 FREDERICK COUNTY 1 54067,80682 P.08
8. T
9. T
10, A
11.
12.
term:
13.
2 of 5
agisteriail District:
4-Digit Property Identification No.: .S k4.00
.� J
he existing zoning of the property is:
he existing use of the property Jet
djoining Property:
IISE ZONING
North it a C cutir 2
East ✓C4C c�— 90
South E.",ty L4A
West __W "_� i ds_� � a,L .7L
Describe the variance sought in terms of distance
(For example: "A 3.51 rear yard variance for
and type.
an attached two
car garage.")
A 37. 3 fi. Side �4arM VAr)gbCe
avte- Cghfi `uc
List specific reason(s) why the variance is
being sought in
of:
exceptional narrowness, shallowness, size
or shape of
property, or
exceptional topographic conditions or other a
situation or condition of property, or
traordinary
the use or development of property immediatelf
adjacent
thereto
/
See all-rA 4( SAtee4.
Additional comments, if any
ti
co -0FAr c
/
P-03cgs
14, The following ru;mes and addresses are nil of the individuals, firms, or corporations ownin
P"P�Y adjacent to the property for which the variance is being sought inclu g
sides, rear and in front of (across street from) the r �8 Properties at the
necessary.) These pzoplt: N,dl be nvtifd by msil of this app cation:�Y (Use additions! pages if
NAME LlP �- fY� Rtrou
��
Address �h-3 �
Property M# �._� 6-7 Cj O — / - C3 O O 0
Address _�j
Properly M#
NAME ` RK W
Address
Property ID#Im �s&NAME -
iS p I I ! I `
Property°N--"--�--• Address � `�O,r a( C Koj J� VQ,
NA11+1L
--------�__ Address3
Properly ID# 5 0p P. _�tHC�olt�tl' 2i0/
NAME
Property IU# `_--______----
NAME
Address
Property ID#
NAME
--- Address
Property ID# ---
Property ID# - --- -
Address
Property ID#
oFAC' 9
Byoor���j�'9�
�F��tiy�`O
'N
MAY— 5-97 MON 0:16 FREDERICK COUNTY 1 5406780682 P.09
Page 4 of S
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 photogr4� with this application.
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7.59 ACRES
EXIS77NG
FOUNDA RON
17' x 45'
O REBAR 19.5' SW
OF CORNER
(PROPOSED 11.0' ADDIRON
TO EX. FOUNDA RON
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and with eoeliiioata of a o lidgaaaat tbarok awwaod was
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and 58.0 have baaa p&K tl &aswablw
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MAY— 5-97 MON 0:16 FREDERICK COUNTY
5406780682
par S of S
AGREEMENT
VARIANCE IV
I (we), the undersigned, do hereby respectfully make application, and petition the Frederick
County Board of Zoning Appeals (BZA) to grant it variance to the terms o� 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 hearin and maintained so as
to be visible from the road or right-of-way until the hearing. . t
I hereby certify that all of the statements and information contained herein are, to the best of
my knowledge, true.
SIGNATURE OF APPLICANT. DAT
SIGNATURE OF OWNER _ _ DA
(if other than applicant)
-OFFICE USE NLY-
BZA PUBLIC HEARING OF ACTION:
DATE -
APPROVAL SIGNED:
DENIAL DATE: '-AO tq� x
!`9`1
411E..., ...:... .. ,..:.......: ' • .. ...
• #1024
t
HAROLD BAKER ET UX
TO: DEED
PHILIP-:,,D. MCAVOY -
aCCI
521 ME: i.t2
' THIS DEED, made and dated this g;n day of April, 1980,
by and between HAROLD M. BAKER and LOLA B. BAKER, his wife,.
hereinafter called the Grantors, and PHILIP D. McAvoy,. herein-
after called the Grantee.
WITNESSETHe 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 Grantee, his heirs
r
t'•:' or assigns, in fee simple, together with all rights, rights of
way, priyileges,'improvements thereon and appurtenances thereto
belonging, all of the following realty:
All of.that certain lot or parcel of
land, containing 7.391 Acres, more•or less,
lying and being situate along the East side
Z", of Route 600 in the Back Creek Magisterial
{r_ District, Frederick County, Virginia, and desig-
nated as Parcel "B" 7on a plat and survey drawn
w by Thomas A. Shockey, C.L.S., dated February
18, 1980, which is attached hereto and by this
Y' reference hereby made a part hereof. Said
property is further described as beginning ,at
i an iron<pin•(found) in the 'line of Parcel "C" '•
and corner` to-R.-D. McAvoy. Thence with McAvoy
Rr S 406•- 25' 20" W - 479.49 feet to an iron pin•.
.f '(found) -in -the- 1-i-ne-of-Parcel "A"i thence
with parcel W-S-49'-34-' 40"-E = 688:98 feet
{� to an iron pin_in-the_line_of_L. R. Hodq'_sont
¢ thence with Hodgson and H. J. Stotler N 406
34' 18" E - 479.49 feet to an iron pin corner
to Parcel "C"i thence with Parcel "C" N 498
{ 34' 40" W - 690.23 feet to the point of
a, beginning. This is a portion of the same
re
al'estate conveyed to the male Grantor
'~µ4 herein by deed dated September 12, 1957 and
�yt recorded in the Office of the Clerk of the
7"
Circuit Court of Frederick County, Virginia, ,
a: in Deed Book 248, at Page 525. Reference is
here made to the aforesaid plat and survey
and deed and the references•contained therein
! for a further and more,particular description
of the property herein conveyed.
This conveyance is made `subject to all `legally
i , restrictive covenants and easements of record
E` ,,enfofcaable
aftecting the aforesaid realty.
'WITNESS the following signatures and sealse
T""atarwip,
7..OU.� aIMT T.gTT '
C •• t�.{T.I YI�Ti•.y ..
� • ' A.M
STATE OF
V
To-wits
�� �'r_► a Notary Public, in
and for.the State and aforesaid, do hereby certify
that HAROLD M. BARER and LOOIA B. BARER; his wife, whose names
are's.igned to the foregoing Dead, bearing date the day
of ► 1980, have this day personally appeared
before me,and.acknowledged the same.
(liven under.,- my hand this day of ,
1980.
My commission expiresar
/ otary 'ub�13a
n
•aKura auw J
•'i�':ay.' TN�IOCKY011TOY •.
—2—
I
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 678-0682
June 3, 1997
l IJrIFICAr!JAI OF PUBLIC rHEARINI G
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S)
RE: VARIANCE APPLICATION #009-97 OF PHILIP D. McAVOY
On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public
hearing being held on Tuesday, June 17, 1997, at 3:25 p.m., in the new board room of the
Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This hearing
is to consider the application of Philip D. McAvoy for a 37.3' side yard variance for an addition to
an existing structure. The property is located at 4531 Back Mountain Road, and is identified with
Property Identification Number 58-1-1C in the Back Creek 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 Dent Street • Winchester, Virginia 22601-5000
• •
This is to certify that the attached correspondence was mailed to the following on
iihe� ,�� / S/ q -7 from the Department of Planning and Development,
Frederick County, Virginia:
5B - 1- - 1-C
MCAVOY, PHILIP D
113 ASH HOLLOW DRIVE
WINCHESTER, VA 22602.6247
58 - 1- - 1-B
COUCH, KENNETH & DIXIE L.
4611 BACK MTN. RD
WINCHESTER, VA. 22602
58 - 1- - 1-D
BAKER, HAROLD M. JR. & LINDA L
2432E DELTA DR.
DIAMOND BAR, CALIF. 91766
58 - A- - 28-
HODGSON, LEWIS A. & HARRY R.
P 0 BOX 2181
WINCHESTER,VA 22604
58 - A- - 29-
STOTLER, HERBERT JENNINGS
& MARY FRYE
1319 HANDLEY AVENUE
WINCHESTER, VA. 22601
Michael T. Ruddy, PI er I
Frederick Co. Planning Dept.
STATE OF VIRGINIA
COUNTY OF FREDERICK
I, +fAh Pnf) �a 1I , a Notary Public in and for the State and County
aforesaid, do hereby certify that Michael T. Ruddy, Planner I, for he Department of Planning
and Development, whose name is signed to the foregoing, dated , has
personally appeared before me and acknowledged the same in my State and &unty aforesaid.
Given under my hand this C-C day of Gq
My commission expires on l - C19
TARY PUBLIC
ri
REppRo
d
.'ol
/DTI f I rR
v l l C_ �'\
1 A A //1\ / I A I f1
IVI kin V �/ I L./11 V u
WELL
S 402520" W 479.49
PROPERTY LINE TO BE VA CA TED c ,
N
EXISTING
FOUNDA 77ON
17' x 45' I
JJO 658 S. f
7.59 ACRES
�O
I +
)`0
REBAR 19. 5' SW
OF CORNER
1PROPOSED 11.0' ADD17101VI
I TO EX. FOUNDA 7701V
VARIANCE PLA T
ON
LOT "B"
LAND OF
PHILIP D. INcA I /O Y
NOIES-
DEED BOOK 521 PAGE 114
1. TAX ASSESSMENT MAP NO. 58-1-1C
BACK CREEK DISTRICT
2. CURRENT INSTRUMENT IN CHAIN OF 777LE IS
fREDERICK COUNTY, VIRGINIA
DEED BOOK 521 PAGE 112
rANDTHISPLAT HAS BEEN PREPARED WITHOUT THE BENEFIT OF A TITLE REPORTTE
DOES NOT NECESSARILY INDICATE ALL ENCUMBRANCES ON THE PROPERTY.WNER.•
APR/L 25, 1997 SCALE. 1" = 100�
PHILIP D. McAVOY
W.O. / 971J8
p�,
fz 000 NO -�p,LTH
Lf
ZONE. C COMMUNITY NO.- 51006J PANEL: 0100 B
DA TE• 7-17-78
p� ��
ARCHITECTS
ENGINEERS
U 9
PLANNERS
EDWARD W. DOVE
A.SSOC.IATES SURVEYORS
CERT. NO.
54-17-3(A) 964
3078 SHAWNEE DRIVE HERNDON HOUSE
P.O. BOX 2033 209 MARKET STREET
WINCHESTER, VIRGINIA 22601 LEESBURG, VIRGINIA
20176
(540)667-1103 (703)443-1333