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HomeMy WebLinkAbout02-00 Gregory & Ann Coverstone - Stonewall - BackfileT Date: BOARD OF ZONING APPEALS Variance Request Tracking Sheet File opened w/ Reference Manual updated/number assigned D-base updated i� color location maps requested from GIS Two sets of labels requested from Data Processing Z� o� File given to Renee' to update Application Action Summary MEETING DATE:4 I S- 00 FINAL ACTION: CLOSE OUT FILE: V/// Approval (or denial) letter mailed to applicant/copy made for file File stamped "approved", "denied" or "withdrawn" Reference Manual updated D-base updated File given to Renee' for final update to Application Action Summary (%_/ U:\CarohCommonM ACKING. BZA Revised I1/2/98 CASH RECEIPT oat0 �1756 t Receive From Addres l For 'L Y o Z UZ • • M �Q AMT. OF ACCOUNT / --� CASH AMT PAID CHECK M LL¢• r' ��( �I1^� BALANCE MONEY DUE U ORDER �� BY Y� ` COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 MEMORANDUM TO: Finance Department FROM: Karen A. Cain, Receptionist/Office Assistant H SUBJECT: Return Of Sign Deposit DATE: May 18, 2000 The amount of $50.00 was deposited in line item #10-911-08 for the person named below as a deposit for a sign for Variance Application #02-00. 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 $50.00 to: ti Mr. Greg Coverstone 2016 South Loudoun Street Winchester, Virginia 22601 RSA/kac ` 11 107 North Kent Street - Winchester, Virginia 22601-5000 0 • FILE COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 April 19, 2000 Mr. Mark D. Smith, P.E., L.S. Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: VARIANCE #02-00 OF GREGORY AND ANN COVERSTONE Property Identification Number 56-A-2 Dear Mark: This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their meeting on April 18, 2000. The Board of Zoning Appeals approved your request for a 15' front yard setback variance for the construction of a single-family residence, contingent upon a boundary line adjustment agreement being finalized. If you have any questions regarding these actions, please feel free to call this office. Sincerely, la� �"C_ Christopher M. Mohn Planner II CMM/ch cc: Mr. and Mrs. Gregory Coverstone� Building Inspection-0/Y `� ¢ -/F-00 s 107 North Kent Street • Winchester, Virginia 22601-5000 0 BZA REVIEW DATE: 04/18/00 VARIANCE #02-00 GREGORY AND ANN COVERSTONE LOCATION: This property is located on the south side of High Banks Road (Route 660), approximately 2,400 feet east of the Route 660/664 intersection. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 56-A-2 PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Vacant ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) and RP (Residential Performance) District; Uses: Residential and Vacant VARIANCE: A 15' front yard setback variance for the construction of a single-family residence. REASON FOR VARIANCE: The property is very narrow and is mostly a very steep bank leaving the state road and dropping to the Opequon Creek. A variance is needed in order to build the house on the lot. There is an approved septic system in place on the lot. STAFF COMMENTS: Within the RA (Rural Areas) Zoning District, the minimum front yard setback for a principal structure is 60 feet from the property line or road right-of-way. The applicants are requesting a 15-foot front yard variance to construct a single-family home. Therefore, the proposed principle structure would be located 45 feet from the front property line. The subject property currently consists of 3.77 acres, a majority of which contain extremely steep slopes well in excess of 15%. In particular, steep slopes were observed in the rear yard area leading down to the Opequon Creek, which serves as the southern property line. The configuration of the existing lot, coupled with areas of steep slope, do not permit a reasonable building area within the applicable setbacks. The applicants are trustees of the property to the west and have stated that a pending boundary line adjustment will increase the tract to 4.76 acres. The increase in lot size creates a larger buildable area for the single-family dwelling and eliminates the need for a side yard variance. However, the lot is arguably still undevelopable without encroaching 0 0 Gregory and Ann Coverstone Page 2 April 10, 2000 into the front yard area. Therefore, a front yard setback variance is sought to construct th6 single- family dwelling in the portion of the tract containing the most suitable terrain. Single-family dwellings are present on the properties to the immediate west and to the northeast of the subject parcel. The property to the immediate north is vacant at the present time. As mentioned, Opequon Creek borders the subject property to the south. STAFF CONCLUSION: The Code of Virginia, Section 15.2-2309(2) states that no variance shall be authorized by the board unless it finds that a) strict application of the Ordinance would produce an undue hardship approaching confiscation; b) that such hardship is not shared generally by.other properties in the same zoning district and the same -vicinity, and; c) that the authorization of such variance will not be of substantial detriment to adjacent property, and that the character of the district will not be changed by the granting of the variance. Staff is of the opinion that the requested front yard variance would be necessary to allow for the construction of a residence on the subject property. The topography of the site appears to preclude conformance with all applicable setback standards. Strict application of the required setback would result in an undue hardship that would eliminate the use of the parcel for residential purposes. Staff is also of the opinion that the granting of this variance would not result in substantial detriment to the adjacent properties on High Banks Road. It should also be noted that the applicant is willing to increase the area of this lot, creating a larger buildable area in which a house could be located. Should the BZA decide to grant this variance, it may be appropriate to condition such approval upon the execution of the proposed boundary line adjustment within thirty (30) days of the Board's decision. O:\Agendas\BZA\Staff Report\Coverstone2.BZA.wpd RECEIVED Page i of 5 APPLICATION FOR VARIANCE MAR 2 4 2000 IN THE COUNTY OF FREDERICK, VIRGINIA DEPT OF PLANNING/DEVELOPMENT. '- Application Nfi. Submittal peadlIne For the meeting of MUST BE TXPED OR FILLED OUT IN INK - PLEAUL PRINT 1. The applicant is the owner X other . (Check one) 2. APPLICANT: NAME: Gregory & Ann Coverstone ADDRESS 1736 Millwood Pike Winchester, VA 22602 TELEPHONE: 662-3149 OCCUPANT: (if different) NAME: ADDRESS: TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): Take VA Rte 7 east from Winchester 2 miles and turn north onto Rte 660. Then turn South onto Rte 664 (Jordan Springs Road) for +/- 750' and turn east onto Rte 660 (High Banks Road) one-half mile to the site on the right. 4. The property has a road frontage of 1350 +/- feet and a depth of +/-250 feet and consists of 4.7564 acres. (please be exact) *Boundary Line Adjustment Plat Pending for an increase from 3.7658 acres 5. The property is owned by Gregory & Ann Coverstone as evidenced by deed from Roger & Shirley Hshel recorded (previous owner) in deed book no. 959 on page 1226 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; Stonewall District 7. 14-Digit Property Identification No.: 56-A-2 8. The existing zoning of the property is: RA 9. The existing use of the property is: Vacant 10. Adjoining Property; ULU ZONING North Agriculture RA East Agriculture Clarke Goun y- pequon Creek South Agriculture Clarke Goun-Opequon Creek West Residential 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.") We are requesting a 15 foot variance into the 60 foot front yard setback. We are currently in the process of providing a boundary line adjustment with the neighboring property to the west to eliminate the need for any side yard variances. 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 The property is very narrow and is mostly a very steep bank leaving the state road and dropping to the Opequon Creek. A variance is needed in order to build the house on the lot. There is an approved septic system in place on the lot. 13. Additional comments, if any A boundary line adjustment is about to be recorded with lot to the west. That lot will be reduced to 5.00 acres; therefore, we have made our lot as large as possible for our proposed house to fit. However, due to the steep bank, we must still "slide" the house into the front setback. see attatched sheet pope 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: NANVIE James Stillwell, ET UX Address 423 High Banks Road Property ID# 56-A-IA & 45-A-27A Stephenson, VA 22656 NAME Estate of Lawrence Coverstone Address 302 High Banks Road. Property ID# 56-A-1 Stephenson, VA 22656 NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# Page 5 of 5 AGREEMENT VARIANCE # 02-00 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) BZA PUBLIC HEARING OF -OFFICE USE ONLY- aMvu-m 117cjIY� ACTION: X, APPROVAL SIGNED: c � BZA CHAIRMAN v < <c DENIAL DATE: 4 � t< t 6c- 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. see accompanying Plans 8K959 PG1226 THIS DEED, made this 3rJ of March. 2000, from ROGER L. FISHEI , SR, and SHIRLEY E1ffl, husband and wife, of the one part, hereinafter called the Grantors, and GREGORY I_ CjffSj STONE and ANN P. COVE RSTONE, husband and wife, parties of the second part, hereinafter call,4 he Grantees. WITNESSETH: That for and in consideration of the sum of Ten Dollars (510.00), and other valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby grant and convey, with General Warranty and with English Covenants of Title, unto the Grantees, as tenants t:y the entirety, in fee simple, with right of survivorship as at common law, together with all rights, rights of way, privileges and appurtenances thereto belonging, all of the following property' All of that certain tract or parcel of land, lying and being situate in the Stonewall Magisterial District, Frederick County, Virginia, lying on the East side ia of Route 660, being described as a 5.34 acre tract and being the same property veyed the Grantors herein by deed from Roger L. Fishel, Sr. Executor of the Estate of Dennis T. Cole and Roger L. Fishel, Sr. and Shirley Fishel, his wife and Mildred F. Cole, widow, beneficiaries of the Estate of Dennis T. Cole dated July 30, 1993 and recorded in the Clerk's Office of the Circuit Cow of Frederick County, Virginia in Deed Book 901, at Page 1329. Reference is hereby made to the aforesaid instruments and Lie attachments and the reference therein con>` fined for a further and more particularly description of the property hereby conveyed. This conveyance is made together with all legally enforceable restrictive covenants u ' easements of record affecting the aforesa:d realty. 1VITN, TsS the following signatures and seals: a JOHNSM + ♦"0WW" •T UM VNCWX"k MIK•w1 • GK959P�ll 1 227 roger (.. I•ishcl. Sr. Shirley E lshcl STATE OF VIRGINIA, AT LARGE, CITY OF WINCHESTER, to -wit: The foregoing instrument was ackn: wlcdgcd txforc me this . c, _`t +►xy,C Roger L. Fishel, Sr. and Shirlev Fishcl.. My commission expires Notary -v1RCTNTA: FZEDT:RICK COUPrTY. SCT. This isgtrurn=t of wri:irg was preducrd to me on �sA Arid �lth rrtih�-jte of tr}ctcnrt ,6c- .r.t t��rctn arnr:cd was ainuttrd ro rccmd. Tu i np.)xd trr Sc,- ' � I -h%;: cif 2 , and 5S.1J;AI have been paid. if Meseabfa vvitsawN na ,a kSTONATTOPPI/ C3ttSc I CC -J I April 4, 2000 COUNTY of FREDERICK Department of Planning and Development TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) 5401665-5651 FAX: 540/ 678-0682 RE: VARIANCE APPLICATION #02-00 OF GREGORY AND ANN COVERSTONE On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, April 18, 2000, 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 Variance #02-00 of Gregory and Ann Coverstone, submitted by Greenway Engineering, for a 15-foot front yard setback variance for the construction of a single-family residence. This property is located on the east side of High Banks Road, approximately 2,400 feet west of the Route 660/664 intersection, and is identified with Property Identification Number 56-A-2 in the Stonewall Magisterial District. Any interested parties having questions or wishing to speak may attend this meeting. A copy of the application will be available for review at the Handley Library (temporary Loudoun Street Mall location)approximately one week prior to the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, Christopher M. Mohn Planner II CMM/ch 0:\Agendas\BZA\ADJOINER\Coverstone2.var.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 • 0 This is to certify that the attached correspondence was mailed to the following on Z from the Department of Planning and Development, Frederick COOty, Virginia: Mr. Mark D. Smith Mr. & Mrs. Gregory Coverstone Greenway Engineering 1736 Millwood Pike 151 Windy Hill Lane Winchester, VA 22602 Winchester, VA 22602 45-A-27A & 54-A-lA 6-A-2 (Clarke Co.) Mr. James D. Stillwell Fraternal Order of Police 423 High Banks Road P.O. Box 3211 Stephenson, VA 22656 Winchester, VA 22601 56-A-1 Lawrence Coverstone Estate Estate of Lawrence Coverstone Constance Tjoumas, Trustee 302 High Banks Road 9692 Old Annapolis Road Stephenson, VA 22656 Ellicott City, MD 21042-6325 ChAst4her M. Mohn, Planner II Frederick Co. Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I, PM 1 i6 11 , a Notary Public in and for the State and County aforesaid, do hereby certify that Christopher M. Mohn, Planner II, for the Department of Planning and Development, whose name is signed to the foregoing, dated 1A. In -co , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this _ day of Nc OLD My commission expires on PWA&tA a E. cZw-� � A�Q ARY PUBLIC COUNTY of FREDERICK Department of Planning & Development J107 North Kent Street Winchester, Virginia 22601 t rn y P06 carding Or&f � ticient Addr A. Left No A..., Rs o N / [ ; a;,med Cj Retutiud o ` [ 4S ipted - Not Known o c n G Nu Such Street ❑ No Such Number ❑ D" teed 56-A-1 Estate of Lawrence Coversto e, 302 High oad Ste son, V 6