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Home My WebLink About10-97 W. D. Huffman (Cedar Creek Primitive Baptist Church) - BackfileI , In Variance Request Tracking Sheet: Board of Zoning Appeals Date: 7- L-gi 7 File opened —2 3-q7 Reference Manual updated/number assigned r/ D-base updated _V 12 color location maps requested from GIS Two sets of labels requested from Data Processing ?-Z3 ci 7 ,le given to Renee' to update bi-monthly report u - MEETING DATE: CLOSE OUT FILE: FINAL ACTION: Ivrn Ifeil Approval (or denial) letter mailed to applicant/copy made for file File stamped "approved"/"denied" or "withdrawn" ✓ Reference Manual updated t/ D-base updated 1,-2M7 File given to Renee' for final update to bi-monthly report &k , K \WP\CNIMCIG_CR\TRACK ING BZA -1 C? m U CASH RECEIPT Date 19 0025155 r Received From " Address Dollars $ f > 'r �a g For v ACCOUNT HOW PAID dAMT. � OF ACCOUNT CASH AMT. PAID CHECK ® jt BY BALANCE DUE MONEY ORDER 00 0 . •FILE COPY — COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 MEMORANDUM TO: Finance Department FROM: Karen A. Cain, Receptionist/Clerk Typist II`.4'.`k,;,3� SUBJECT: Return Of Sign Deposit �P, 81 DATE: August 20, 1997 1�16 8 L The amount of $25.00 was deposited in line item #10-911-08 for the person named below as a deposit for a sign for a Variance Application #010-97. They have now returned the sign and are therefore entitled to the return of their deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $25.00 to: RSA/kac Mrs. Kathleen Swing 370 Buffalo Marsh Road Middletown, VA 22645 107 North Kent Street - Winchester, Virginia 22601-5000 0 * FILE COPY I August 20, 1997 Mr. W. D. Huffman 370 Buffalo Marsh Road Middletown, VA 22645 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 RE: VARIANCE #010-97 OF CEDAR CREEK PRIMITIVE BAPTIST CHURCH Dear Mr. Huffman: This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their meeting of August 19, 1997. Your Variance Application, #011-97 for a 5' rear yard variance for an accessory structure, has been approved by the Board of Zoning Appeals. If you have any questions regarding this action, please feel free to call this office. Sincerely, �U�Gvu.t�fi`� Michael T. Ruddy Planner II MTR/cc 107 North Kent Street - Winchester, Virginia 22601-5000 BZA REVIEW DATE: 8/19/97 VARIANCE #010-97 W. D. HUFFMAN (Cedar Creek Primitive Baptist Church) LOCATION: The property is located at 5754 Cedar Creek Grade in Marlboro. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 72-A-13 PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Church ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Agricultural and residential VARIANCE: 5' rear yard variance for accessory structure REASON FOR VARIANCE: Rock ledge is in the way; applicant wants shelter built 5' away from rock ledge STAFF COMMENTS: Within the RA (Rural Areas) zoning district, the rear yard setback for an accessory structure is 15 feet. The applicant is proposing to construct the picnic shelter 10 feet away from the rear property line. This would require a five-foot variance as requested. Upon visiting the site, it would appear that the picnic shelter could be constructed to the rear of the building, or closer to the church, and be in compliance with the setback requirements. Furthermore, the size of the shelter could be reduced to accommodate the setback requirement. In this case, strict application of the zoning ordinance does not reasonably restrict the use of the property. 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 structure could be constructed in a manner that would not require a variance. STAFF RECOMMENDATION FOR 8-19-97 BZA MEETING: Denial File: O:\AGEN DAS\BZA\COMMENTS\HUFFMAN. BZA N w E Frc-mons Rood ItN. 110 0 S4— A —1 Pcy- ,lib 628 04 CO. sHEN DOM VARIANCE #010-97 PIN: 72-A- 13 W.D. Huffman Jf— (DEPT, OFPage of s APPLICATION FOR VARIANCEP'IN THECOUNTY OF FREDERICK, VIRGINIA991V 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: D. /V J1/' 17-7 N •» NAME : CaEc+�d f- ��'t' c /� / t 7>7/,7�y ¢ ,13af//'. W. D. Huffman �`'he ADDRESS 370 Buffalo Marsh Road e/ fl�`ADDRESS : :i -":Z ,4( C e✓dr el-e& / ycMiddletown, VA 22645 � tcr-Q h L TELEPHONE : !�: 6 .2 of % S^ TELEPHONE: /Yc) /7 e de 3. The property is located at (give exact directions and include State Route numbers): 2�- 22 M �� 4. 5. The property has a road frontage of feet and a depth of feet and consists of acres. (please be exact) The property is owned by 042,Z2 y et e 4-k pt,' 7>) / %tJ C- ,8 % e �a kej as evidenced by deed from recorded (previous owner) in deed book noon page of the deed books of the Clerk of the Court for Frederick County. Attach a copy of the deed. No 4t✓4 0 • Page 2 of 5 6. Magisterial District: J`3►�C V GI,-EG� 7. 14-Digit Property Identification No.: % 8. The existing zoning of the.property is: -RA 9. The existing use of the property is: C H C'crZC q 10. Adjoining Property: USE ZONING North A East Q I 2 South 12E51 PC N C c'R,� 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.") � }2COq R �+5,'y,l-2IJ vP,al zytjCe 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 C7") e C /, T .4 �--C/ ef- c' R CJ 13. Additional comments, if any • pops 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 notifd by mail of this application: NAMEN r 25 cH G C-2C , S—t—emi Lk=- � �-I Address STf�-, H-r. F6- rz M Property ID# � 2 - /-� - I � 667 r-6D .2 c rZc2s. Ek q t> c P rt3' Wl"C-H&ST-eo v,4� 22.Co2- NAME OR ri D o R = r- c-r&c"2 7- a-yl c.i,C' 6 Address S-7 "7 S l,.J r• rt�—STC Fz J e-A 2 Z6 Z Property ID# -7 2I —7 z NAME W H rr'L oG GC , T�ot� �r ��YN G� , Address_ .5 �j Z3 DA C(- Property IN -72 -A - 1. 7 A w c 'J C k( C--S'FC (2 VA -z'— 6 0� NAME Address Property ID# 3- A Property ID# NAME Property ID# NAME Property ID# NAME Property ID# NAME Property ID# NAME Property ID# Address Address Address Address Address Address d v h 1-0 IF J W 2,Y T e Z .10 W. e)d 1� L 7, Wl nc} • E saunders building construction, inc. (703) 667-1363 P.O. BOX 661 • WINCHESTER, VIRGINIA 22604 /ri-rov-ad set of rilust he kept V the cb site. Fai1;;rso, h to, Mans may res�l in the re;sr..-I of the sit;eduied 1 ART,,.:c:Y \/ t'4 /� 1�? f��n hr+ A�? r,;,.:.'�LE C :.;�?' ...:.� 0- 02 ETIONS -ROM Ape`( -..; 1' i . TyE i'e" V:U T ED COCE NOT SHOWN 01 ?LANS P,,,IUST 3E CC;;R`CTED WHEN DETECTED Fi!L �V:-lEal l,'l�uliVG IS I�lS-EC T ED. PVC S of S AGREEMENT VARIANCE #�� -1 1 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 / . DATE SIGNATURE OF OWNER e, ' . DATE 2— (if other than applicant) BZA PUBLIC HEARING OF -OFFICE USE ONLY- ACTION: - DATE - APPROVAL SIGNED: / B A C1HAIItMAN DENIAL DATE: 0 • Page 4 of 5 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. S CC A- TT/A- C Ft 6 D 7" C-V ( , i COUNTY of FREDERICK Department of Planning and Development 540/ 665-5.651 FAX: 540/678-0682 imO7'IFIum o I OF PJ:3L IC ;-IE,As"dl`IG August 5, 1997 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS), RE: VARIANCE APPLICATION #010-97 OF W. D. HUFFMAN FOR CEDAR CREEK PRIMITIVE BAPTIST CHURCH On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing on Tuesday, August 19, 1997 at 3:25 p.m., in the board room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This hearing is to consider the following applications: Variance Application #010-97 of W. D. Huffman for Cedar Creek Primitive Baptist Church for a five-foot rear yard variance for construction of an accessory structure. The property is located at 5754 Cedar Creek Grade and is identified with Property Identification Number 72-A-13 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, ✓�� L, Michael T. Ruddy Planner II MTR/cc 107 North Kent Street • Winchester, Virginia 22601-5000 v r ' • 0 This is to certify that the attached correspondence was mailed to the following on 9 from the Department of Planning and Development, Frederick Co ty, Virginia: _- 83 - A. - 1-C 72 - A- - 15- SNAPP BROTHERS HIRSCHBERG, STANLEY M. STAG MT FARM 240 WEST OAKS LANE 5867 CEDAR CREEK GRADE WINCHESTER, VA 22602 WINCHESTER, VA 22602 72 - A- - 17-B W. D. Huffman ORNDORFF, ALBERT L & VICKIE W 370 Buffalo Marsh Road 5778 CEDAR CREEK GRADE Middletown., VA 22645 WINCHESTER, VA 22602 72 - A- - 17-A WHITLOCK, JACQUELYN K Cedar Creek Primitive Baptist Church 5754 Cedar Creek Grade 5888 CEDAR CREEK GRADE Winchester, VA 22602 WINCHESTER,VA 22602 83 .A.. 1. LAND FUTURES ASSOCIATES, INC. j P.O. BOX 3061 WARRENTON, VA. 22186 Michael T. uddy, Planner II Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK I, rf�m mn \-\d \1 , a Notary Public in and for the State and County aforesaid, do hereby certify that Michael T. Ruddy, Planner II for the Department of Planning and Development, whose name is signed to the foregoing, dated () ,l� - , has personally appeared before me and acknowledged the same in my Sta e and County aforesaid. Given under my hand this 5�h day of pugU:c�--i- , 19q-1. My commission expires on Vec@(\ I 0q. j q q q t NOTARY PUBLIC Iwo 4s D M4 E F 3 Ai;1 v tft,' m t i( i K � r w�- .r r . pp�� \ i f:. COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street Winchester, Virginia 22601 l r Cedar Creek Primitive Baptist Church 5754 Cedar Creek Grade Winchester, VA 22602 U.S. poL - `AC.-E itr r� H W,[Tr!" •- s� NIXIE 2052 1 26 08/07/97 RETURN TO SENDER NO MAIL RECEPTACLE UNABLE TO FORWARD :�:s�.fs;�.�C:/:• s��•3•j �yr�r��a�t�e�tr�rtark�'�i r�ti-1i�a.rtaa��xl�;i•�an�•+ef�aii��