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Home My WebLink About13-97 Tederick/Miller Investments - Backfileit 1 Variance Request Tracking Sheet: Board of Zoning Appeals Date: -/2-? % File opened y'� _ Reference Manual updated/number assigned _y' _ D-base updated - 12 color location maps requested from GIS Two sets of labels requested from Data Processing ff-21-Q7 File given to Renee' to update bi-monthly report &12 MEETING DATE: CLOSE OUT FILE: r FINAL ACTION: g - r7 -17 Approval (or denial) letter mailed to applicant/copy made for file File stamped "approved"/"denied" or "withdrawn" Reference Manual updated Lz D-base updated I 4-17-97 File given to Renee' for final update to bi-monthly report q IT 9 7 KAWP\CMN\CIG CR\TRACKING.BZA U CASH RECEIPT Date 19 17 ffll 76 ��V25.1 Received From r i+l Address •_ Dollars $ For ACCOUNT• . -� IL AMT. OF ACCOUNT CASH AMT. PAID CHECK By BALANCE DUE MONEY ORDER 8g8-39Sv COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/678-0682 M. Finance Department MM; Karen A. Cain, Receptionist/Clerk Typist II 51AI. ''M;. Return Of Sign Deposit I f 3 9 r . DAIL November 3, 1997 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 Variance Application #013-97 for Tederiek/Miller Investments. The hav now returned the sign and arc therefore entitled to the return of their deposit. You may y e through the regular bill cycle. Y pay this .Please send a check in the amount of $25,00 to: RSA✓kac Chris .R, Hill Constructian 1117 Lakeview Drive' Cross Junction, VA 22625 107 North Kent Street • Winchester, Virginia 22601-5000 0 0 FILE COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 September 17, 1997 Mr. Chris Hill Chris R. Hill Construction 117 Lakeview Avenue Cross Junction, VA 22625 RE: VARIANCE #013-97 OF TEDERICK/MILLER INVESTMENTS Dear Mr. Hill: This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their meeting of September 16, 1997. Your Variance Application, 9013-97 for a 2.2' rear yard setback variance for an existing residence, has been approved by the Board of Zoning Appeals; however, the additional 10' variance request for the deck was not approved. The deck must be removed, as it is in violation of the rear yard setback requirement. If you have any questions regarding this action, please feel free to call this office. Sincerely, ,,1"1e_e� --T- dole, Michael T. Ruddy Planner II MTR/cc cc: Tederick/Miller Investments Frederick Co. Inspections Dept. O: AGENDAS\87AWPPR DEN. LiRCIEDERICK.APP 107 North Kent Street - Winchester, Virginia 22601-5000 BZA REVIEW DATE: 9/16/97 VARIANCE #013-97 TEDERICK/MILLER INVESTMENTS LOCATION: The property is located at 110 Dots Way. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 55I-1-3-159A PROPERTY ZONING & USE: Zoned RP (Residential Performance) District; Land use - Residential ADJOINING PROPERTY ZONING & USE: Zoned RP (Residential Performance) District; Land use - Residential VARIANCE: A 12.2' rear setback variance for existing house and attached deck. REASON FOR VARIANCE: The applicant cites exceptional narrowness, shallowness, size or shape of property. STAFF COMMENTS: Within the RP (Residential Performance) zoning district, the minimum rear setback for a principal structure is 25'. This house was constructed prior to implementation of the survey standards and is in violation of the setback requirement by 2.2'. The house is actually located 22.8' away from the rear property line. Attached to the house is a deck which extends beyond the house an additional 10'. The house and attached deck are located 12.8' away from the adjoining property line. Therefore, the principal structure as a whole is in violation of the setback requirement by 12.2. Staff believes that this variance request, as it pertains to the house only, meets the test for Board of Zoning Appeals 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; this hardship is not shared generally by other properties in the vicinity, and approval of the variance request will not have a detrimental impact on the adjoining properties or the Zoning District as a whole. Therefore, staff would recommend approval of a 2.2' variance for the house. Variance #013-97, Tederick/Miller Investments Page 2 September 8, 1997 With regard to the attached deck, staff would recommend denial of the additional 10' variance that is required. In this case, staff is of the opinion that strict application of the zoning ordinance would not prohibit the use of the property for residential purposes and a demonstrable hardship approaching confiscation does not exist. 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. File: O:\AGENDAS\BZA\COMMENTS\TEDERIC K.BZA page 1 of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA 1. The applicant is the owner 2. APPLICANT: NAME: /E'UEe►cKl Ma-i ;,YG_ %Mt/ ADDRESS /62 Cfi'C5R fi -R-o i b ra i 1%a . 22630 TELEPHONE: �'�f(�- /�jT - off - PLEAS other . (Check one) OCCUPANT: (if different) NAME: DCc_LEI-cct - ADDRESS: TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): �i►'�/5�� ► q 1�'.�t/� G'�i1/y�� ' .5�`0i'tP��d) � �i - `� Deis v/4y 4. The property has a road frontage of 108.O'l feet and a depth of '3F c)<' feet and consists of acres. (please be exact) 5. The property is owned by jTPt—E/kI( - rA1LLf_/►rv�.sf�-IUn/l-'7 as evidenced by deed from recorded (previous owner) in deed book no. on page of deed books of the Clerk of the Court for Frederick County."j' aqb a copy of the deed. o AVG'1 co c� OEM' DE y c PN'D 10 y 7 _ ro 2J 20 47 , 66 8 � � IW t37 os 131 tes ss JJ, 13 1e 5 �1 pti S ?B 72 S 01 � 752 0 ,� F (6 '� � .'� 12 13 '♦ '�' � � � � �' � � 7e ss �C' S17 g7 '1`+ 6° 57 8 JO Sp 76 9S 7 9b ti 152 /y 727 'JJ 'Z4 9d 9� 16 1♦ 61 160 177 R° � 6, 63 `i dS 19 161 �Q 99 W 73 176 6S t3l '•9 118 i r� 1y' � � sS 112 t10D gS t d0 n � 6� 162 175 12 at 10 � 67 Q9 � � B7 S7 � 9395A Q11, 36 35 97 � J? lr 111 1� 92 Lt T � � 16S S J '2j rC 1a 109 105 p° � 9 6S 1� a 773 63 ii t01 l y t63 31 30g 1 tl 12 3 'd O 1n t?0 106 105 d( 68 66 172 1 '� 1T d 0 i3 16 77 71 Jh 707 106 d3 67 27 9 75 �363 62 d7 6Q 167 110 d 7 6 S 7= 64 6/ 76 17 16 163 169 2 77 I a 3 Z ° 57 ;; 1 d�1181 21 �. d90 r° t3 179 181Br IS tp � 3> 22 12 r('S IQ Sd Q SS r7 23 D j lb 11 56 u '� � � 2410 �C 57 24 26 ° S+ 23 9 56 9 �f 2s 1 26 e 1 7 ' a9 ♦0 � 1� 2d 27 4 y ♦ ,I 27 7 � L. '1 LEI 1•P J' 41 55 ; 3t 31A. 1 `D C a5 S R _ zd h s6 � 'q � R 2 M1� b9 4 t ph o V $ h R n n tYi r a a�a 1 O Ikfr AM 0 � b � g 101 101 2 239 b p • 103 102 244 1 236 257 .h is 2a6 236 ti 2u 2+7 to Pp t69 166 Ids 235 85 184B tt6 u9 `1p eJ 's, � � dJ ~� ?'b ''`t'. tt9 110 ,� b! `' Id '•9 by 7 ? 1— 474 t30 .?1 :~ or b *o ?JJ g � J 18 4 C 2 2 a 184 2 2 200 0 184A 0 VARIANCE # 013 — 9'7 PIN: 55I-1-3-159A Tederick/Miller Investments page 2 of 5 6. Magisterial District: .5toneWcq I% 7. 14-Digit Property Identification No.: ,7?-` - 1-3 - 1 f1 A 8. The existing zoning of the property is: %�" 9. The existing use of the property is: `IRE-51-dU°/tizi 10. Adjoining Property: USE ZONING North 'RE's . I�t T. f East -R South 'l j` t West h R t 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.") iD f3 ' '?mart, Na ✓ar)anCe. 2 '3 P 12. List specific reason(s) terms of: alp<. c " c1 t why the variance is being sought in exceptional narrowness, shallowness, size or shape of ro ert p p y, or exceptional topographic conditions or other extraordinary situation or condition of property, or the use or development of property immediately adjacent thereto 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 _ : . DOf S Way �� IRF 50 R/W : �Z s� Lot 160A R=25.00' R=50.00 �� Lot 159A L= 28.50' 9,298 Sq. Ft. - R=375.00' L=15.44'�'- � o � IRF x Lot 158 LEGEND IRF Iron Rod Found IRS Iron Rod Set NOTES 1. According to F.I.R.M. Community —Panel Number 510063 0115 B, this lot is located in an area designated Zone C, which is an area of minimal flooding. 2. No title report furnished. 3. Easements other than shown may exist. 4. Most easterly corner of dwelling and deck encroach into 25' rear building restriction line as shown. ,II,TH opG a 4) ~� Le U S.W. MARSH CERT. NO. 1843 4, SUR v�� ORS N? 0� FRP�G �� IRF No .�10 Oee IR_ S 0Z� h /G\ Cor. Pos t j+ Lot 153 +\ Lot 152 Lot 151 SI_IRVEYOR'S CERTIFICATE I hereby certify that the information shown on this plat is based on an actual field survey made under my supervision and there are no encroachme is or visible easements unless shown. S. W. Marsh, L.S. BUILDING LOCATION SURVEY N LOT 159A CARLISLE HEIGHTS — SECTION III SHA WNEE MAGISTERIAL DI S TRI C T FREDERICK COUNTY, VIRGINIA DATE: SEPTEMBER 13, 1996 SCALE: 1"=30' T SURVEY DATE: SEPT. 11, 1996 PLAT /j: HLCIi159A.OWG MARSH & ILIEGG� Land Surveyors, P.L.C. 139 North Cameron Street Winchester, Virginia 22601 (540) 6674168 Fax. (RO)667M69 SJ�ynvzTji �v Ivy 2 99 0 u Page 5 of 5 AGREEMENT VARIANCE # 3 l 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 applicant) -OFFICE USE ONLY - DATE t� �097 DATE BZA PUBLIC HEARING OF Dt. lC 19 9 ACTION: ATE - APPROVAL I I DENIAL SIGNED: BZA CHAIRMAN DATE: �- 16^T-7 • 0 7677-4 EBY/lmlb :3 rY7 ' 51 THIS DEED, made and dated this day of A/f^.,- , 1996, by and between EDWIN B. YOST, Trustee, pursuant to terms of a certain Trust Agreement dated September 7, 1995, hereinafter called the Grantor, and TEDERICK MILLER INVESTMENTS, L.L.C., a Virginia limited liability company, hereinafter called the Grantee. 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 SPECIAL Warranty, unto the Grantee, in fee simple, 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, together with the improvements thereon and the appurtenances thereunto belonging, lying and being situate in Shawnee Ma isteri I District, Frederick County, Virginia, designated as Lot No. 159A Secion III, Carlisle Heights Subdivision; and more particularly described by Flat of Resubdivision of Lots 159, 160 & 161, Section I11, Carlisle Heights, of Howard W. Greenstreet, C.L.S., dated May 18 1990 of record in the aforesaid Clerk's Office in Deed Book 746, at Page- 1556. AI D BEING a portion of the same property conveyed to Edwin B. Yost, Trustee pursuant to a certain Trust Agreement dated September 7 1995, by two deeds the first deed from Howard P. Horton dated September 7 19§5 of record in the aforesaid Clerk's Officein Deed Book 845, at Pape 573 and the second a quit -claim deed dated March N , 1996 from Howard P.-Horton, et als, recorded immediately preceding this indent. Reference is here made to the, aforesaid instruments 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. WITNESS the following signature and seal: (SEAL) EDWIN B. YUfl, trustee STATE OF VIRGINIA �� County�i of V�_ 1 E r i C, t<- , To -wit: I, L, m� p, VA l 1A I , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that EDWIN B. YOST, Trustee, whose name is signed to 1 • 0 the foregoing Deed, dated 11 day of MAC r 4. , 1996, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this _day of IA ar c {� , 1996. My commission expires Ct-j Notary PuBis COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 M irI ICArl JAI Jr PJ:3! 1C ;-lEr\RHNIG September 2, 1997 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE APPLICATION #013-97 OF TEDERICK/MILLER On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, September 16, 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 application of Tederick/Miller Investments for a 12.2' rear setback variance for an existing house and attached deck. The property is located at 110 Dots Way, and is identified with Property Identification Number 55I-1-3-159A in the Stonewall 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, add Michael T. Ruddy Planner II MTR/cc 107 North Kent Street • Winchester, Virginia 22601-5000 This is to cf rtify that the attached correspondence was mailed to the following on /l' . " from the Department of Planning and Development, rr k (, Fredericunty,Virginia: - - _ - - - 551 •1.3.161•A 551 • 1- 3. 159-A CALL, ERIC D & CHERYL L TEDERICK MILLER INVESTMENTS, LLC 111 DOT'S WAY 16CHESTER STREET WINCHESTER,VA 22602 FRONT ROYAL, VA 22630 - - 661 . 1. .- 551 - 1.3• 160-A LOY, WILLIAM J & MARY J HELFRICK, JOHN KELLER III 109 DOTS WAY i 112 DOT'S WAY WINCHESTER, VA 22602 WINCHESTER, VA 22602 551 - 1- 3. 158- NORMAN, JEFFREY J 108 DOT'S WAY WINCHESTER, VA 22602 - 551 • 1.3• 152- BRALLIER, STEVEN R 113 WARE PLACE WINCHESTER,VA 22602 Michael T. uddy, Planner II Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK I, -hnnn IAn , 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,2E-Ci " V-f-r Q has personally appeared before me and acknowledged the samein my State and County aforesaid. Given under my hand this 1r1 C day of - , ,Q1f--) ne r , . I g q-]. My commission expires on - �1A NOTARY PUBLIC