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HomeMy WebLinkAbout05-99 Christine E Davis - Gainesboro - BackfileBOARD OF ZONING APPEALS Variance Request Tracking Sheet Date: `1-27-11 File opened ,/ Reference Manual updated/number assigned IL D-base updated 12 color location maps requested from GIS V Two sets of labels requested from Data Processing 7-,2q, q q File given to Renee' to update Application Action Summary MEETING DATE: �" f %-qq FINAL ACTION: ~r PROV CLOSE OUT FILE: Approval (or denial) letter mailed to applicant/copy made for file File stamped "approved", "denied" or "withdrawn" ✓ Reference Manual updated D-base updated g' )�-9 I File given to Renee' for final update to Application Action Summary —QUK-- UACuol\Common\TRACKING. BZA Revised l I/2/98 /~ Date RECEIPT Q6J1465 Received From Address For v�oACCOUNT HOW AMT. OF ACCOUNT ._ 15 CASH �..••""'F- 11! SCW LL+ 6Y AMT. PAID CHECK BALANCE ORDER COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 678-0682 August 18, 1999 Ms. Christine E. Davis 206 Nottoway Drive Stephens City, VA 22655 RE: VARIANCE #05-99; P.I.N. 42A-1-5 Dear Ms. Davis: This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their meeting of August 17, 1999. Your Variance Application, #05-99, has been approved for a 24' side yard setback variance and a 34' , ,6 front yard setback variance to construct a single family residence. The property is located at the intersection of Rt. 789, Bryarly Road and Hudson Avenue and identified with Propefty Identification Number 42A-1-5 in the Gainesboro Magisterial District. If you have any questions regarding this action, please feel free to call this office. Sincerely, Christopher M. Mohn Planner II CNWch cc: Frederick Co. Building Inspections Dept. O:\Agendas\BZA\APPR_DEN. LTR\ChdstineDavis.apr 107 North Kent Street • Winchester, Virginia 22601-5000 00 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 673-0682 MEMORANDUM TO: Finance Department FROM: Karen A. Cain, Receptionist/Office Assistant Id SUBJECT: Return Of Sign Deposit DATE: August 25, 1999 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 #05-99. 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 6q 9 Ms. Christine E. Davis - 206 Nottoway Drive Stephens City, Virginia 22655 107 North Kent Street • Winchester, Virginia 22601-5000 • FILE COPY COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 August 18, 1999 Ms. Christine E. Davis 206 Nottoway Drive Stephens City, VA 22655 RE: VARIANCE #05-99; P.I.N. 42A-1-5 Dear Ms. Davis: This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their meeting of August 17, 1999. Your Variance Application, #05-99, has been approved for a 24' side yard setback variance and a 34' front yard setback variance to construct a single family residence. The property is located at the intersection of Rt. 789, Bryarly Road and Hudson Avenue and identified with Property Identification Number 42A-1-5 in the Gainesboro Magisterial District. If you have any questions regarding this action, please feel free to call this office. Sincerely, Christopher M. Mohn Planner H CMM/ch cc: Frederick Co. Building Inspections Dept. O:\AWdu\BZA\APPR_DEN.LTR\Ch&fimDavis.Wr 107 North Kent Street • Winchester, Virginia 22601-5000 0 BZA REVIEW DATE: 08/17/99 VARIANCE #05-99 CHRISTINE E. DAVIS LOCATION: The property is located at the intersection of Route 789, Bryarly Road and Hudson Avenue within the Albin Community Center. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 42A-1-5 PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Vacant ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas); Uses: Residential, Church VARIANCE: 24-foot side yard setback variance and a 34-foot front yard variance for the construction of a single family dwelling. REASON FOR VARIANCE: The applicant states that the width of the property is exceptionally narrow (108.93') which precludes the reasonable use of the site under standard setback regulations. STAFF COMMENTS: Within the RA (Rural Areas) Zoning District, the side yard setback when a parcel is located adjacent to land used for residential purposes is 50 feet. This standard is also applicable when the adjacent use is a church. Furthermore, the front yard setback is 60 feet from the road right-of-way. The applicant is proposing to place a 2,016-square-foot dwelling (36' x 56') 26 feet from the side property line and 26 feet from the Hudson Avenue right-of-way. Therefore, variances of 24 and 34 feet, respectively, are required. The subject property is a corner lot with frontage on both Bryarly Road (Route 789) and Hudson Avenue, which is a private right-of-way. The parcel was created through the consolidation of two lots that were both legally non -conforming with regard to size (acreage). As a result, the subject property is comprised of 0.6904 acres with a width of 108.93'. The sum of the side setback and front setback from the Hudson Avenue right-of-way is 110' (60'+50'), which exceeds the width of the parcel and subsequently results in the absence of any buildable area. The surrounding parcels are all developed in such a manner that additional acreage is not available to the applicant through either a boundary line adjustment or further consolidation. Variance #05-99, Christine E. Davis Page 2 August 9, 1999 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 and side yard variances would be necessary to allow for the construction of a residence on the subject property. Strict application of the requirements of the Zoning Ordinance would result in an undue hardship that would effectively preclude the use of the parcel for residential purposes. Indeed, residential development is arguably the only reasonable use of the subject property given its small size and the established character of the surrounding community. The extreme narrowness ofthe subject property coupled with its configuration as a corner lot constitute a relatively unique situation within the RA District. It is further the opinion of staff that the granting of a variance in this case would not be of substantial detriment to adjoining properties and would not alter the character of either the district or surrounding community. O: Agendas\BZA\Staff'Report\ChdstineDavis.VAR • Page I of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA 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 '4 4 � � ;4 NAME: vT� ADDRESS.2-40(o t1)6WTc-0Q* ADDRESS heq C i' L& 2- 2-6 Y) TELEPHONE: Q -V1,rf - rj &96) 5--TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): n a -4. The property has a road frontage of IOW- t 3 feet and a de h of 2 3 g, q z ' f eet and consists of �,() q acres. (please e exact) 5. The property is owned by as evidenced by deed from 1-1 �r_oa d- LJA-. Lgj-f,E tj recorded (previous owner) in deed book on page 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: �-y n51® ��_� d r 1 A -mod �24-1-5 7. 14-Digit Property Identification No.: ©nn C� 8. The existing zoning of the. property is: I\ A- 9. The existing use of the property is: JZ4 1i'+,'- 10. Adjoining Property: USE ZONING `� �TM`� �� 1a North r�-� ��� ,' A~ ' East , 2, A I U L 3 1999 South Vl- West _- __t L PLANNINGIDEVELOPMENT- --------- 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 13. Additional comments, if any • 0 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 notifd by mail of this application: NAME Address ��� � �-� � ^.' , �-- Property ID# NAME ��� _�dress /d Property ID# 14, — /-- '� cam , '-2, 2-6 0 3 Property ID# 41-,2 /9 —1 — 4� NAME.2 �� „_p ,`Address2-�F `l Property NAME. �-Q �� v� C`�itQ� �M p�sr,Address Property 1D# �zGU� NAME, .,,/,// -1 _ / - Address.._ & ✓gym C _ �4" Property ID# &40-3 NAME , - ddress Property ID# NAME Address Property ID# NAME Property ID# NAME Property ID# Address Address 0 0 Page 5 of 5 AGREEMENT VARIANCE # V ;- 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. 1 SIGNATURE OF APPLIC `DATE SIGNATURE OF OWNER (if other than applicant) BZA PUBLIC HEARING OF DATE -OFFICE USE ONLY- ACTION: - DATE - APPROVAL SIGNED: BZA HAHkMAN DENIAL DATE: • Ll FRAME SHED -+ O rnz N87'30'00 "W 75. 1' TO CORNER -FENCE POST T. M. 42 - ((A)) - 109 00 LOTS 7 & 9 FAITH REVIVAL CENTER S 87'30'00 " E N/F BER -IEL L UTHERAN CHURCH IRS 39.00, ZONE: RA -r-- o ---_ o /PF USE: CHURCH S 01 '50'00" E f 50.50' z I o S 87' 1000 " E IRS oIo Flo of . Ll IRS FORMER CONSOLIDATE LOT 5 LOT NO. 40, 0.6409 AC) N 87'20'00" W S03'00'00'E 30. 15' TO lPF CORNER OF LOT 3 N87'04'45'"W 75.4 ' TO CORNER FENCE POST LOTS 7 & 9 NO TES: 1 ' 2 7' + r� 201.00 eve m TAX IRS -5 (A Iuj0 -S o ► i � �R R LOT$ o -� o Or ER �Y VACATED Fri Z,o%6 6z. FO LOT 4 HUDSON AVENUE 30' R/W DB 195 PG 598 1PF = 1 " IRON PIPE FOUND IRS = 518'" IRON REBAR & CAP SET NO TITLE REPORT FURNISHED THE BOUNDARY INFORMATION SHOWN HEREON IS BASED ON A CURRENT FIELD SURVEY BY THIS FIRM. AREA TABULATION LOT 4 (T.M. 42A—((1))-4) = 0.2973 ACRES LOT 5 (T.M. 42A—((1))-5) = +0.3436 ACRES CONSOLIDATED TAX LOT NO. 42A—((1))-5 = 0.6409 ACRES Do 0 ISO O o C c co CIS v, IRS -------------- Iv 238.92' r� BUILDING SETBACK NOTE: CURRENT ZONING ORDINANCE REQUIRES BUILDING SETBACKS AS FOLLOWS: 60' FRONT 50' SIDE & REAR THIS LOT DOES NOT CONTAIN ANY ALLOWABLE BUILDING AREA UNDER THESE REGULATIONS. 50 25 0 50 GRAPHIC SCALE (IN FEET) FINAL PLAT FOR LOT CONSOLIDATION OF THE LAND OF CHRIS TINE FLLEN DAVIS L 0 TS 4 & 5 - R. G. ED WARDS SUBDIVISION GA/NESBORO MAGISTERIAL DISTRICT; FREDERICK COUNTY, VIRGIN SCALE: 1 " = 50' DATE: JUNE 28, 1999 /J7%4� GREENWAY ENGINEERING 151 WINDY HILL LANE Engineers WINCHESTER, VA. 22602 VZO07 Surveyors TELEPHONE: (540) 662--4185 FAX: (540) 722-9528 Founded in 1971 E-MAIL: greenway®visuallink.com �Lrrx of G MARK D. SMITH v No.002009 FN 2420 SHEET 2 OF 2 f DEED OF GIFT I5 THIS DEED OF GIFT, made and dated this L(/ day of , 1994, by and between ELWOOD W. LUTTRELL and VIRGINIA LUTI'RELL, his wife, N parties of the first part, hereinafter called the Grantors, and CHRISTINE 4 o ELLEN, party of the second part. U nn .� WITNESSETH: That for and in consideration of love and affection the O •rl M •.a U � 0) ; parties of the first part bear towards the party of the second part, and other .x a co a o0 'a o, °p consideration, the Grantors do hereby grant, bargain, and convey with General O � N r-"n c'4 Warranty of Title, unto the Grantee, in fee simple, all. those two (2) certain Cnn contiguous lots or parcels of land, together with all rights, privileges and appurtenances thereto belonging, lying and being situate along the Western side of Virginia State Secondary Highway No. 789, formerly Highway No. 522, about three miles Northwest of Winchester, in Gainesboro District, Frederick County, Virginia and being the same parcels of land identified and designated as Lots 4 and 5 on the Plat of the R. G. Edwards Subdivision, which is attached to, and by reference incorporated in, that certain Statement of Dedication, bearing date of June 1, 1946, and of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book No. 196, page 598, and being the same land that was conveyed to the parties of the first part by deed dated the 21st day of April, 1977, of record in the aforesaid Clerk's Office in Deed Book 472, at Page 633. A reference to said records, and to the references therein contained, is hereby made for a further and more particular description of the property herein conveyed. It is expressly stipulated that said land is conveyed subject to all applicable, or legally enforceable, restrictions and easements, if any, of record affecting same. 6XU Iv i l l l tS Except as noted above the aforesaid grantors covenant that they have the right to convey the said land to the aforesaid grantee; that the said grantee shall have quiet possession of the said land, free from all liens and encumbrances; that they have done no act to encumber the said land; and that they will execute such further assurances of said land as may be requisite. WITNESS the following signatures and seals:ILI �t,I�G ( SEAL) ELWOOD W. LUTTRELL, Grantor STATE OF VIRGINIA to -wit: SEAL) VIR NIA LUTT ELL, Grantor a Notary Public in and for the State and �yy,,,,;, ,r ; i.; aforesaid, do hereby certify that ELWOOD W. LUTTRELL and VIRGINIA LUTTRELL, his wife, Grantors, whose names are signed to the / `.a� day of (fly .L�_"� , 1994 ,,,,have foregoing Deed bearing date the Y f t.. personally appeared before me, and acknowledged the same. f - • `� Given under my hand this ,�. day of t� i -� 19 9 4'7 My Commission expires Notary Public This instrument was prepared by Clinton R. Ritter, Attorney at Law, 205 E. Boscawen Street, Winchester, Virginia, without the opportunity of a title examination. VIRGINIk rREDE RIC; < G,0UNI Y, S!:'T. t !., o:. �,, t•ne This i,n/ /trumot±t Y"'Mir+.g : ?a sy of_ pP _ ' ''' H of -or r, ;� od and vrtih coriltic: A was /a�dnl!tud to rocorcd. -fax $�1'�- and 58.1-K31 M Ln N N A >1 >iV ro H O U .N m -P 0 z' w ko a) o -P N U) K9, 0 ["G 1580 CORRECTED DEED OF GIFT THIS CORRECTED DEED OF GIFT, made and dated this day of May, 1998, by and between ELWOOD W. LUTTRELL and VIRGINIA LUTTRELL, his wife, parties of the first part, hereinafter called the Grantors, and CHRISTINE ELLEN DAVIS, party of the second part, hereinafter called the Grantee. WHEREAS, the Grantors conveyed two parcels of real estate to the Grantee, by a Deed of Gift dated the 15th day of April, 1994 of record in the Office of the Clerk of the Circuit Court for Frederick County in Deed Book 817 at Page 1777. The Deed of Gift states the Grantee's name as being CHRISTINE ELLEN when in fact her name is CHRISTINE ELLEN DAVIS; and, WHEREAS, the Deed inadvertently left out the Grantee's last name; and, WHEREAS, it being the intent of the parties hereto by this deed of correction to correct the aforesaid error. NOW THEREFORE WITNESSETH: That for and in consideration of the love and affection the Grantors herein have for their daughter, Christine Ellen Davis, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby grant and convey with General Warranty of Title, unto the Grantee, in fee simple, together with all rights, privileges and appurtenances thereto belonging, all those two certain parcels of real estate, together with the improvements thereon, lying and being situate along the Western side of Virginia State Secondary Highway No.,789, formerly Highway No. 522, about three miles Northwest of Winchester, in Gainesboro 0 • District, Frederick County, Virginia and being the same parcels of land identified and designated as Lots 4 and 5 on the Plat of the R. G. Edwards Subdivision, which is attached to, and by reference incorporated in, that certain Statement of Dedication, bearing date of June 1, 1946, and of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book No. 196, page 598, and being the same land that was conveyed to the parties of the first part by deed dated the 21st day of April, 1977 of record in the aforesaid Clerk's Office in Deed Book 472, at Page 633. Reference is hereby made to the aforesaid instruments, and to the references therein contained, for a further and more particular description of the property herein conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record, affecting the subject property. Grantors do hereby covenant that they have the right to convey said realty to the Grantee; that the Grantee shall have a quiet and peaceable possession of the said property, free from all liens and encumbrances; that they will execute such further assurances of title as may be requisite. WITNESS the following signatures and seals: (SEAL) ELWOOD W. L TTRELL 01 (SEAL) VIR, NIA L TTRELL ( SEAL ) CHRISTINE ELLEN DAVIS c�� b rG 1582 STATE OF VIRGINIA CITY OF WINCHESTER COMMONWEALTH -AT -LARGE, to -wit: I, AVIAV6 4) %Z��' kkpr a Notary Public in and for the State and Commonwealth aforesaid, do hereby certify that Elwood L. Luttrell and Virginia Luttrell, Grantors, whose names are signed to the foregoing Corrected Deed of Gift bearing date the 'day of May, 1998, have personally appeared before me, and acknowledged the same. R. rV41 Given under my hand this day of May, 1998. My Commission expires I L.3//��� +itrS'fATE OF VIRGINIA CITY OF WINCHESTER COMMONWEALTH -AT -LARGE, to -wit: Notary Public a Notary Public in and for the State and Commonwealth aforesaid, do hereby certify that Christine Ellen Davis, Grantee, whose name is signed t to the foregoing Corrected Deed of Gift bearing date the ,13 day of May, 1998, have personally appeared before me, and acknowledged the same. R, Given under my hand this �1iday of May, 1998. 40 ate. 'e% My Commission expires 4_ql 1 Notary Public 1, 'o" This instrument was prepared by Clinton R. Ritter, Attorney at Law, 205 East Boscawen Street, Winchester, Virginia 22601, without the opportunity of a title examination. %ramNY1: COUNN Oct This kWUUMGM Id w111111 farce used to�^��}n�the end with cerillk:ate of aoknowledpment thereto annexed was ad ittsd to recoad. Tax Unposed by Sec. $8.1-802 of $..�1 1 , end 88.1-801 have been paid, if assessable Clerk Application Process Evaluation We would like to learn how we might improve this process. Please complete this form and submit it to the Planning Department. You can submit it to us separately from the application if you wish. You may submit it anonymously. 1. Which type of application did you complete? Rezoning Site Plan Master Development Plan Subdivision Conditional Use Permit Variance 2. Which part, if any, of the application process did you find particularly difficult? (Check as many as you wish.) Completing the application form Tax verification _ Agency review comments Adjoiner identification information Other (Please specify) 3. Did you have a discussion with a staff member before submitting the application? YES ✓- NO 4. Were you able to receive the assistance or information that you needed from the staff? YES ✓' NO 5. What portion of this process took the longest for you? Completing plans Completing the application �---� Tax Verification Agency review comments Other (Please specify) 6. What do you think could have been done differently to make this process quicker? 7. Do you have any suggestions about what we could do to make this process work better? RIVES JUL 2 3 1999 May 17, 1996 (KAwp\cmn\bah_cr\applic.rev) DEPT. OFRANNINGIDEVELOPMENT It i COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 PIWIFICKtICANI OF PUBLIC HEANING August 3, 1999 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE APPLICATION #05-99 OF CHRISTINE E. DAVIS On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, August 17, 1999, 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 #05-99 of Christine E. Davis for a 24' side yard setback variance and a 34' front yard setback variance for the construction of a single family residence. The property is located at the intersection of Route .789, Bryarly Road and Hudson Avenue and is identified with Property Identification Number 42A-1-5 in the Gainesboro 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 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 CNWch O:\Agendas\BZA\ADIOINER\ChristineDavis.var 107 North Kent Street • Winchester, Virginia 22601-5000 w This is to certify that the attached correspondence was mailed to the following on % from the Department of Planning and Development, Frederick County, Virgini - - - - I 42 - A- • 245• - - - -- - — - -- -- _ LINEWEAVER, RONALD L & CHERYL A 42A - 1- - 3• 1 312 BRYARLY RD SIRBAUGH, IRA C. & EMMA I WINCHESTER, VA 22603.4102 107 HUDSON AVE WINCHESTER, VA. 22603.4140 42 - A- - 247- HESTER, ROBERT H JR ' & KAMLER•HESTER, RITA M 42A • 1- - 7• j 316 BRYARLY RD LUTTRELL, ELWOOD W. & VIRGINIA WINCHESTER, VA 22603.4102 124 HUDSON AVE 42 •3- - 1- WINCHESTER, VA 22603.4140 GORDON, RONALD E & MARIAN M 296 BRYARLY RD 42A 1 6• WINCHESTER, VA. 22603.4101 LEIGHT, JOHN MAX & JOANN G 115 MASSIE LN STEPHENS CITY, VA. 22655.3005 - - - - -- - - - - - - i Ms. Christine E. Davis 42 A 109- 206 Nottoway Drive FAITH REVIVAL CENTER Stephens City, VA 22655 C/O REV. CLETUS PALMER 294 CHESTNUT GROVE RD ! WINCHESTER,VA. 22603.2004 i STATE OF VIRGINIA COUNTY OF FREDERICK Chrigapher M. Mohn, Planner H Frederick Co. Planning Dept. I, nE�jh n Uc I 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 a, �j qci , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand thisao day ofR�IC( My commission expires on —Cx '---N62ARY PUBBra LIC