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HomeMy WebLinkAbout13-00 Tina M Malloy - Back Creek - BackfileDate: BOARD OF ZONING APPEALS Variance Request Tracking Sheet File opened Reference Manual updated/number assigned D-base updated Gf location map requested from GIS Two sets of labels requested from Data Processing 9•zl • 00 File given to Renee' to update Application Action Summary 130- MEETING DATE: 1017--00 FINAL ACTION: APPROVET 0 CLOSE OUT FILE: /0- - Approval (or denial) letter mailed to applicant/copy made for file File stamped "approved", "denied" or "withdrawn" Reference Manual updated D-base updated File given to Renee' for final update to Application Action Summary U:\Carol\Common\TRACKING.SZA Revised I1/2198 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/678-0682 2-000 . I Q icP 2� ? / Vie= 107 North Kent Street • Winchester, Virginia 22601-5000 Ul 6 F I L ' 011 0 P Y I October 19, 2000 Ms. Tina M. Malloy 101 Mohawk Trail Winchester, VA 22602 RE: VARIANCE #13-00 OF TINA M. MALLOY Property Identification Number 49A02-1-20-35 Dear Tina: COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their meeting on October 17, 2000. The Board of Zoning Appeals approved your request for a 25-foot front yard setback variance for the construction of an attached two -car garage. This variance is for the above referenced property located at 101 Mohawk Trail. If you have any questions regarding these actions, please feel free to call this office. Sincerely, Jeremy F. Camp Planner I JFC/ch cc: Building Inspections 107 North Kent Street • Winchester, Virginia 22601-5000 • 0 BZA REVIEW DATE: 10/17/00 VARIANCE #13-00 TINA M. MALLOY LOCATION: This property is located at 101 Mohawk Trail. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 49A02-1-20-35 PROPERTY ZONING & USE: Zoned R5 (Recreational Community) District; Land use - Residential & Vacant ADJOINING PROPERTY ZONING & USE: Zoned R5 (Recreational Community) District; Use: Residential VARIANCE: 25-foot front yard setback variance for the construction of an attached two -car garage. REASON FOR VARIANCE: The property is on a corner lot; therefore, a front yard setback is required along Tomahawk Trail, Mohawk Trail, and Shawnee Trail. STAFF COMMENTS: All buildings and structures in the (R5) Residential Recreational Community Zoning District are required to be setback 35 feet from the front boundary line, 10 feet from the side, and 25 feet from the rear. When a lot abuts more than one street or road, the front setback requirement must be maintained on all sides with frontage. Ms. Tina Malloy is applying for a 25 -foot front setback variance for an attached garage. If approved, Ms. Malloy's front setback will only be ten feet on the side bordering Mohawk Trail, rather than the required 35 feet. The other three sides of the property will be in conformance with the required setbacks. The property in discussion is approximately one-half acre in size, and is located at the corner of Shawnee Trail and Mohawk Trail in Shawneeland. The lot itself is 100 feet wide and 248 feet long. All of the adjoining properties are residential in nature. The garage's foundation has already been constructed. It is important to note that the applicant started construction with a permit, and was under the impression that she was in conformance with • our requirements. During the survey process, however, it was discovered that the building permit was approved incorrectly. The lot was approved as if it had only one side with road frontage. Instead, the lot is a corner lot and must maintain a 35-foot setback along Mohawk Trail, not 10 feet. 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. After an inspection and review by the staff, it is recommended that approval of this variance be accepted due to three reasons: 1.) First, there does not appear to be another adequate location for the placement of an attached garage on the property. The reason for this is due to the setback requirements for a corner lot, and because there is a drainfield located in the entire front section of the lot. 2.) Two, the circumstances with the incorrectly approved building permit is a hardship to the applicant. 3.) Three, the ten -foot setback, although less than desired, should not negatively effect the adjoining properties. It is staff s opinion that these three factors combined is of adequate reason to approve this variance. • 2 Page 2 of 5 6. Magisterial District: Agck Cie e- k 7. 14-Digit Property Identification No.: y7A0;a - -oZQ "3,S 8. The existing zoning of the property is: &:,eeA?,`wqL 6n nu,o: 7- (RS) 9. The existing use of the property is: 10. Adjoining Property: USE ZONING North fi Ci,R cs, ca�►t�� S East ,Q South VACAd 115- West - ©A ' 11. Describe the variance sought in terms of distance and type. (For example: "A 3.51 rear yard variance for an attached two car garage.") F�o.J- A�A as' J A rO• sc, -T i CAA) bu;/J AN ArAC�(,d wo-4�AP- 9AP49e ,s A Ccd'v►C-x L�p'i y T?+ET2��ciQc R r7l—A—r-r—i VADO S CMAfC. t'S a-d q✓-+LSD PC" N U '-M "+A -WA-,--►- W-A-1 ` ' N G TaA-t L � I iJ,)o S 1tft,4 Lr TeA-1 L_ 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 Am te2 1[AP2,AJee becAuse- 7A;s LoCa?'are v�J ^jj A,PnPee-71 Dl4Cp_ wAeQP_ l cAj bi.:r �a_ �_d,2Airy �Qel� couePS /h�i L'aAge k t1,4kJ T oti/V AAVe. S.-re -fie e,, i le 7 s, e Ao s At1e 13. Arrd,n,�-ditional comments, if any JJW RE7901KCb CAN M CDT 8 -s I^ AJ q Per B%3 t L D • a (, S VCS CA.,-,;� 4- S rnAm orJ I u. rft c-" '-N'r D ZvO-OP ED Fp(t Tfhe f p-Qf 0S � ��GL Ca E 1 T7#t" - AiT)�t +1-� 0('� D E-TK-�� L' paps 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: NAME %U_G1s ti . C Address �/ C S ti A w ouP,- P i �A L - --- - — Property ID# 49 , - J 1`N c1�es e � riA - �O �.. - 2-6- �4- � NAME JLjTL r& ( n-i � L , Address GO 6 �,J,,•�c.�t-L-3rt-�� 1,�1� 2Z6LZ Property ID# 4¢9 4 02 - t - -ZO - Z b NAME V irl� - 3,� �',h I� cr rL `• ��4 Address I Cn-61 N .=f � CA RcL` Property ID# +i WL - - z.a - Z-7 r�J NAME Address 107 Dz► %Az Property ID# +iA e z - z - Z NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# 1`/.I"M Property ID# Address • • 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. I( i 00, -� � -a V, ar I� Tad (J -7JVO./ ycr YVYG / 0 I'1 Page s of s AGREEMENT VARIANCE # " U 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, toth_e best of my knowledge, true. SIGNATURE OF APPLIC fs DATE 6) SIGNATURE OF OWNER DATE (if other than applicant) -OFFICE USE ONLY: BZA PUBLIC HEARING OF 10 y i I bC ACTION: - DATE - APPROVAL SIGNED: n.. A 113ZX CHAIRMAN DENIAL DATE: U) In 100 S - c N 2B' 99'00"- /00 00' /00 .00' /00 GO' 1 3QNl8 /00 00' Ca,Cns4 rio.v EGRESS B>' TH/S PL/+/ � m m 31 ° � �9 oO R 0 `n 11 O h 0 i iDO. i7' ` '; O .00' O O a M O ° \1 00' //0.00' RESE.4✓AT/ON -00 O/' /00 .,./ ? /00 0/' e 39 -00' , E 32 33 34 35 M ' 70 .00' I '00 00' � 0.' ✓'✓ v- .-„_r-•�,c _.-,�� 3r<--T. _ -- �.: -:ram•-=:-"�-��• E4.•Y.i v `.. V O 3 - \ T,yE P.�IpI'.•Y/E 7-0.=1S io,vi O O O 7 O+ C•'/ASEfTS OF T,�/E L OT-y �' ° 0 � �` o c\ O o E.� �� ti'cr �PEvt•c.sT ; aE .90.4R0 �. ►� o o , � O � O (� �•� � � � � � f.�4'EOER/C.Y CDUNTY /�/Rvi i rn N N �. � � � / OE�'.CRT•sIEN.'OF..�.�Gyic�AY� 3 0 29 �� y° Q S r .•PESTS Sf/O{'YN //CEO �' 0 0 0 �E,y v1�T/L TEE Sf1/O �/ 0� r Nt `' _20' / /00 O/' tq Na<'E/NSTALLEO-ST•`T'`L ' ' 00 O/' /DO O/' ° e� 20O 00, �9 0 S 2d°S9� ✓ ,., =' T.rlS � 2.5'G�2• �� � � 2¢ .�8•�� o a? ° �N. n/E rYcsrrzs f�,�'� c:c• ✓USG a i1 A 200 OO' ti 0 1f /fU;1! C.a.N S/GN t v'`•' - �i+ /✓O?poG /DODO' 10, J.t 23 25 27 r C�� I�' V �i'r Q\ F/NA L. �j ' I/117N�-�-� i _ F R�SE•R%Y�T.'O.v o> —",'S c^ _r PLAT 3 SL .4E.� S.�'.�f:.�,/ fit' T.•r.'S '/�' ,G'S 'S CC,4P�C'' :.c`•': •S _v� L/SrGn' OFP �� E. $fJ�0a TED A80 , ryA+ L ,e:v0 CGn'✓E!'c.7 9Y i:.-. NA.C�O /.l. CL LLii CiBi M.�L' CC// . ;GaaR✓EC'.!n�C. E�oE=U REc'G��ir� :w ,�r cO.�tL�,,. ,� //�/� �'Ps7DPER' r�7 3(b08- ��/V C� / / i73fb tc �y0 Q .A/; E /.v f'G.4C ` .�S /n'O�Ci O NEB? `i � Uxo y � !//RG/N/A STATE i�L�NE OATG'%'• g A CK CREEK 100 �FREDER/Ch' COUN7 [`X_:�/SOL.4.�-F/Ci0 E�B695GPI.E. 1 is LJ 0 ltI p�10 `;ell FP.o %'e N2 Flake An c)f pl,,na rr ict. be kopt on to ,1maayy� Oi' UFLETiONS FROM -. ; ; : i i I 1 �,'�1,•iDA T1' U ;; 0DE NOT SHOWN UN, 'Li'. P.'i! ! )T ESL i ,011111--CTED WHEN DETECTED AND WI IEN BUILDING I5 ItdSPECTED. f r) 0e;ae wA�' i �r rf•ZIU. Upenings betvieen the parag, and rps*rwe shall be equipped with solid mood doors not less than 13/8" inches thick. The garage shall be com- pletely separated from the residence and its attic area by means of 1/2" gypsum board. GFCI Receplacle^ Reraui- md: Latlxoorns, Garages, Outside within G' of kitchen sin'c and one required in basement • 0 Page 1 of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA f 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: �,�/� /� • /�1.4 LL o NAME: ADDRESS f D (4,zk , L ADDRESS: 01*j0Aes eP_ t/g. 4a4o-Q, TELEPHONE: syo 911- a 9,'� 1 r TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): /Ake -50k; To ICDQ7e G ly To Ao6ex3bf_PAee_ lALye. INke A ACT AT '►e 67op S;'�N v� �OfiA hA0A -" , L . MAke A ciki- o� oA.a,jk 12.A;4 /4T f ie oA e Tne h� LL. 14ou-5c, i-L 6P 4. The property has a road frontage of ��/�,7� feet and a depth of 100.00 feet and consists of acres. (please be exact) 5. The property is owned by C' T L 1. T Raj /„oA A- /NIZO as evidenced by deed from -; record d (previous owner) in deed book no. on page /,34-1 of the deed books of the Clerk of the Court for Frederick County. Attach a copy of the deed. �7 JJi Ancbor bo!ts — Von carter an"41 within 12" cf MitNI.241y�-CR FROST PRCTEQ► IC"N REQUIRED ON FOOTERS PGU ED It • f FREDE !CK CO., VA. • S � ,ccere�4 • I S� I� a � �Rkss Trusses must be instsUBd awrding to manufe� i Co rot cut or alter trusses, a� o►J �NT�� cedAe. s.d.05 A$P �A l- sh. N� Ee L0 4 0 BK957PG0415 THIS DEED, made and dated this 3k day of 2000, by and between TUCKER F. FQSTER, party oI the first part, hereinafter called the Grantor; and CRYSTAL L. BEATY and TINA M. MALLQY, parties of the second part, hereinafter called the Grantees. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other good and valuable consideration, receipt whereof is hereby acknowledged, the Grantor does grant and convey, with General Warranty and with English Covenants of Title, unto the Grantees, in fee simple, as joint tenants with right of survivorship, all of the following realty: All of that certain lot or par;;el of land, together with the improvements thereon and the appurtenances thereunto belonging, lying and being situate in Back Creek Magisterial District, Frederick County, Virginia, designated as LOT 35, PLAT 3, SECTION 20, SHAWNEE LAND SUBDIVISION, as more particularly described and set forth in that certain Deed of Dedication of Marjec, Inc., dated August 2, 1971, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 381 at Page 662; AND BEING the same property conveyed to the Grantor herein by deed dated August 26, 1999, from Theresa L. Atkins, of record in the aforesaid Clerk's Office in Deed Book 945 at Page 1344. Reference is here made to the aforesaid instruments, the attachments thereto and the references therein contained for a further and more particular description of the property hereby conveyed. "11VS Al "0 AK0�~..7° -00L|� _ .~-. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty. YY|TNESS ,he fo|bvvnO signature and seal: -(aEAL) STATE OFmRG|m|A CITY OF WINCHESTER, to -wit: |' aNotary Public inand for the State and jurisdiction aforesaid, do hereby certify that TUCKER F. FOSTER' vvhnue name is signed tothe foregoing Deed, bearing date ofthe 31 day of 2000. has this day personally appeared before meand acknowledged the same in my State and jurisdiction aforesaid. Given under mvhand this '31 day of 2000. '. �Ai, it 1, o 111creloanncuij Clerk COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 PIWIFIC'MI JAI OF POEA lr i-lEARUINIG October 3, 2000 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE APPLICATION #13-00 OF TINA M. MALLOY On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, October 17, 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 #13-00 of Tina M. Malloy for a 25-foot front yard setback variance for the construction of an attached two -car garage. This property is located at 101 Mohawk Trail and is identified with Property Identification Number 49A02-1-20-35 in the Back Creek 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, Jeremy F. Camp Planner I JFC/ch AABZA AdjoinerffinaMalloympd 107 North Kent Street • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on 3 71 (� C7� from the Department of Planning and Development, Frederick County, irginia: 49A02. 1.20. 34 FOSTER, TUCKER F 410 SHAWNEE TRL j WINCHESTER, VA 22602.1324 � 49A02- 1.20. 26- �--- ' HUNTLEY, GAIL E 606 SHAWNEE TRL i WINCHESTER, VA 22602.1346 i 49A02- 1-20. 27- ! UHRI-BABAD, MEIR & REBECCA j 1 CABINFIELD CIR LAKEWOOD, NJ 08701.2038 49A02- 2- • 2- CLOWSER, LEONARD M. & ANNIE CIO PEGGY PARTLOW 107 MILAM DR WINCHESTER, VA. 22602.7424 j J STATE OF VIRGINIA COUNTY OF FREDERICK 49A02- 1.20- 35- - - - - --- -- BEATY, CRYSTAL L & MALLOY, TINA M 101 MOHAWK TRL WINCHESTER, VA 22602.1324 J - my F. Camp, Planner I Frederick Co. Planning Dept. I, r ru jon (— q i I , a Notary Public in and for the State and County aforesaid, do hereby certify that Jeremy F. Camp, Planner I for the Department of Planning and Development, whose name is signed to the foregoing, dated I (), '-3 • QCD , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this O(Cl day of (1—�r-yjrcco My commission expires on (LA Ci' c9P cal f NO ARY PUBLIC r.