HomeMy WebLinkAbout15-97 Lloyd & Gail Winters - Stonewall - BackfileDate:
Variance Request Tracking Sheet:
Board of Zoning Appeals
File opened
iX _ Reference Manual updated/number assigned
V-1" — D-base updated IV
V/' _ 12 color location maps requested from GIS
� — Two sets of labels requested from Data Processing
' - File given to Renee' to update bi-monthly report
9f7 7 4_
MEETING DATE:
CLOSE OUT FILE:
Tabled NOV.
FINAL ACTION:
Approval (or denial) letter mailed to'applicant/copy made for file". ,
_ File stamped "approved"/"denied" or "withdrawn"
Reference Manual updated
D-base updated
File given to Renee' for final update to bi-monthly report
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COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/678-0682
MEMORANDUM
Finance Department
FROM: Karen A. Cain, Receptionist/Clerk Typist Il
SUBJECT: Return Of Sign Deposit
e.ql
DATE: October 28, 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 #014-97. 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
Mr. Lloyd Winter
253 Ruebuck Road
Clearbrook, VA 22624
107 North Kent Street - Winchester, Virginia 22601-5000
• 6 FILE COPY
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 678-0682
November 19, 1997
Mr. and Mrs. Lloyd Winters
253 Ruebuck Road
Clearbrook, VA 22624
RE: VARIANCE APPLICATION #015-97, LLOYD AND GAIL WINTERS, PIN 23-2-1-41
Dear Mr. and Mrs. Winters. -
This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their
meeting of November 18, 1997.
The Board of Zoning Appeals approved your variance request, as amended, for a 4' 11" side yard
setback variance for an addition to an existing detached garage.
If you have any questions regarding the approval of this application, please feel free to call this office.
Sincerely,
Michael T. Ruddy
Planner II
MTR/cc
U : A5P���
107 North Kent Street • Winchester, Virginia 22601-5000
•
•
BZA REVIEW DATE: 10/21/97; 11/18/97
VARIANCE #015-97
LLOYD & GAIL WINTERS
LOCATION: The property is located at 253 Ruebuck Road.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 23-2-1-41
PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Residential
ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use -
Residential and Agricultural
VARIANCE: A five-foot side yard setback variance for addition to existing detached garage.
REASON FOR VARIANCE: The applicant states variance is being sought due to the narrowness
to the south of the existing garage.
STAFF COMMENTS: Within the RA (Rural Areas) zoning district, the minimum setback for an
accessory structure is 15'. The applicant is proposing to build an addition to an existing accessory
structure that would place the accessory structure 10' from the adjoining property line. This would
require a 5' side yard variance.
In this case, strict application of the zoning ordinance does not prohibit the use of the property for
residential purposes. The principal use of the property is residential. Furthermore, it would appear
that there is sufficient space on the property to locate the addition in conformance with the setback
requirements of the Zoning Ordinance. 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 demonstrable hardship approaching confiscation does not exist.
STAFF RECOMMENDATION: Denial
•
Lloyd & Gail Winters, Variance #015-97
Page 2
November 12, 1997
SUMMARY OF OCTOBER 21, 1997 MEETING:
At their 10/21/97 meeting, the Board of Zoning Appeals made a motion to approve this variance
request. The motion resulted in a tied vote (2-2). Therefore, this motion failed and cannot be
reconsidered. Upon a subsequent motion made by Mr. Larrick and seconded by Mr. Rinker, the
variance application was tabled. The Board was of the opinion that by tabling the motion until the
next meeting, the applicant would have the benefit of all five members of the Board being present.
This may result in the decision being a favorable one for the applicant. The applicant was in favor of
tabling the application until the next meeting.
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I7■��■Zoning Legend Variance #015-97
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APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGIr
1. The applicant is the owner
2. APPLICANT:
other (Check one)
OCCUPANT: (if different)
NAME: Z�ch�c/.� NAME:
ADDRESS 4,/ADDRESS
TELEPHONE: ���) GG - 85�3� TELEPHONE:
3. The property is located at (give exact directions and include
State Route numbers):
Gel
! 4.4-
4. The property has a road frontage of /C9C' feet and a depth
of S5V feet and consists of 3z o-ao ems. (please be
exact)
5. The property is owned by Zlel- Cgd ��.v?Prs
as evidenced by deed from recorded
(previous owner)
in deed book no. �f on page -el/ S' of the deed
books of the Clerk of the Court for Frederick County. Attach
a copy of the deed.
Page 2 of 5
6. Magisterial District:
7. 14-Digit Property Identification No.: 2-3— 2 — �— \
8 . The existing zoning of the property is: (k--�'�✓t A e �J
9. The existing use of the property is: P� c aCe.�Lu,-L
10. Adjoining Property:
E ZONING Y' �► � `c
North ►C as �s�-�� l-
East A`=
South61
TZ ✓`i 40 �'�p�����e� c
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.")
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
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13. Additional comments, if any
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pop 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:SL���
NAME PII0 dc-"" Address II
Property ID# 2 3 - Z - I - 'Y- U
NAME�lc�-lC La,�✓
Property ID# Z 3 ` 2. -
Address 26-� �k 2)
6 � , V,4 22 Z� f
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NAME Wei.-ILSOO r Address lOZ G
Property ID# 2 3 —3 -- 2- — qS
NAME u va�C-� e%�� ��'�' Address.
Property ID# 2� 3 - A - / Z
l��
Property ID#
NAME
Property ID#
NAME
Property ID#
NAME
Property ID#
NAME
Property ID#
NAME
Property ID#
Address
Address
Address
Address
Address
Address
to cAV — -C Z 2G C
Par S of S
AGREEMENT
VARIANCE # 015 '-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 f-) r.ATE y iS�9
SIGNATURE OF OWNER DATE
(if other than applicant)
-OFFICE USE ONLY-
10-;0- q7 --7a6/ecf f. f!c /r-111- 117
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BZA PUBLIC HEARING OF b — ( ( ACTION:
- DATE -
APPROVAL \\ SIGNED: 1�n
B A CHAIRMAN
DENIAL DATE:
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.
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577t 7D IN7X.1PF S 02V4 58" E' y 100.00
669 ROUTE 670
45' RIW
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EDWARD W. DOVE
CERT. NO.
54-17-3(A) 964
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HOUSE L OCA 77ON SUR VEY
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LOT 41 SECTION 1
,PF -- GORDONDALE
DEED BOOK 425 PACE 415
STONEWALL DISMICT
FREDERICK COUNTY, NRC/NIA
THIS PLAT HAS BEEN PREEDTHE BENEFIT OF A 7171E REPORT
AND DOES NOT NECESSARILYNDICATE ALLTENCUMBRANCE ON THE PROPERTY. FLOOD ZONE:
FENCE LOCATIONS ARE APPROXIMATE ONLY AND DO NOT CERTIFY AS TO OWNER— PANEL: OO7$ B
ORP. ANY OTHER IMPROVEMENTS SURWY IS NOT TO BE USED FOR THE CONSTRUCTION of ANY FENCES COMMUNITY NO: 51006J DATE: 7117178
DATE: DECE7►IBER 1J, 1991 SCALE: 1"=40' WORK ORDER NO.: 9100J91
PURCHASER:
OWNER: wINTERs
VIRGINIA: FREDERICK COUNTY, SCT.
This instrument of writing was uced
to me on the
✓� der of �r-�
l�t v ,► - atnd Iwilth ce hicate
of acknowledgment #Weto annexed was
admitted to record.
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SCULLY,
THROCKMORTON
GLASS
ATTORNEYS AT LAW
20 SOUTH KENT STREET
WINCHESTER, VIRGINIA
22601
ex5g8FIG
THIS DEED, made and dated this 12 day of July
1985, by and between GLENN D. WELSH and FRANKIE R. WELSH, his
wife, hereinafter called the Grantors and LLOYD C. WINTERS and
GAIL A. WINTERS, his wife, 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 Grantors do 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, improvements thereon and appurtenances thereto
belonging, all of the following realty:
All of that certain lot or parcel of
land, lying and being situate in the Stonewall
Magisterial District, Frederick County,
Virginia, on the West side of Virginia Secon-
dary Highway No. 670, and more particularly
described as Lot No. 41 on the plat and survey
of "Section One, Gordondale" Subdivision of
record in the Office of the Clerk of the Cir-
cuit Court of Frederick County, Virginia, in
Deed Book 425, at Page 429, and by plat and
survey of Elliott Ritchie, Jr., C.L.S., attached
hereto and by this reference made a part hereof.
This is the same property conveyed to the
Grantors herein from Apple Towne, Inc., a
Virginia corporation, by deed dated September
30, 1974 of record in the aforesaid Clerk's
Office in Deed Book 436, at Page 769. Refe-
rence is here made to the aforesaid plats
and surveys, deed, 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; and particulary, made subject
to the restrictive covenants set forth in the Deed of Dedication
of "Section One, Gordondale" Subdivision, dated March 5, 1974
and recorded in the aforesaid Clerk's Office in Deed Book 425,
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BKSJiSr�r u
SCULLY,
THROCKMORTON
GLASS
ATTORNEYS AT LAW
20 SOUTH KENT STREET
WINCHESTER, VIRGINIA
22601
at Page 411, and by this reference made a part hereof as if set
Dut in full.
WITNESS the following s
(SEAL)
4 17 (SEAL)
FRANKIE R. WELSH
STATE OF VIRGINIA
a
OFF ,ti o �,��,c c_�?- � To -wit:
c
a Notary Public, in
and for the State nd �1 aforesaid, do hereby certify
that GLENN D. WELSH and FRANKIE R. WELSH, his wife, whose
names are signed to the foregoing Deed, bearing date the
day of 1985, have this day personally
appeared before me and acknowledged the same.
Given under my hand this day of��.�, .z- "�'V
1985. r
My commission expires
J_
G otary Public
-2-
COUNTY of FREDERICK
Department of Planning and Development
5401665-5651
FAX: 540/ 678-0682
J'1 ficriviJAI Jr PUBLIC HEARING.
October 7, 1997
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S)
RE: VARIANCE APPLICATION #015-97 OF LLOYD AND GAIL WINTERS
On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public
hearing being held on Tuesday, October 21, 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 Lloyd and Gail Winters for a five foot side yard setback variance for an
addition to existing detached garage. The property is located at 253 Ruebuck Road, and is identified
with Property Identification Number 23-2-1-41 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,
Michael T. Ruddy
Planner II
MTR/cc
107 North Kent Street • Winchester, Virginia 22601-5000
•
This is to certify that the attached correspondence was mailed to the following on
/ from the Department of Planning and Development,
Frederic County, Virginia:
23-2- 1- 41-
WINTERS, LLOYD C. & GAIL A.
253 RUEBUCK RD
CLEARBROOK, VA 22624-1424
23 -2- 1- 40-
RHODES,SUSAN
243 RUEBUCK RD
CLEARBROOK, VA 22624.1424
23 -2- 1. 42-
CLARK, LARRY DUANE
263 RUEBUCK RD
CLEARBROOK, VA 22624.1424
23 -3- 2- 95-
KANG, RAK S00 & MIAE
102C FORT EVANS RD.
LEESBURG, VA. 22075
23 - A- - 12-
DUVALL, PERRIN DAVIS
512 WHITACRE ST
WINCHESTER, VA 22601-2827
Michael T. Ruddy lanner II
Frederick County Planning Department
STATE OF VIRGINIA
COUNTY OF FREDERICK
I'64h 14 m f 1all , 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 MdVr -1, 1 qq 7 , has
personally appeared before me and acknowledged the same in my State and uoC my aforesaid.
Given under my hand this day ofD8d2ecI q 9 1 , 19
My commission expires on FI "t q1
NOTARY PUBLIC