HomeMy WebLinkAbout08-99 Karen B Barrett - Opequon - Backfile% A
BOARD OF ZONING APPEALS
Variance Request Tracking Sheet
Date:
c - File opened
Reference Manual updated/number assigned
D-base updated
V/ 12 color location maps requested from GIS
/ Two sets of labels requested from Data Processing
��D 599 File given to Renee' to update Application Action Summary
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MEETING DATE: - - 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File stamped "approved", "denied" or "withdrawn"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
y D-base updated
Z File given to Renee' for final update to Application Action Summary
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Revised 11/2/98
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COUNTY of FREDERICK
Department of Planning and Development .
5401665-5651
FAX: 540/ 678-0682
MEMORANDUM
TO:
Finance Department
FROM:
Karen A. Cain, Receptionist/Office Assistant II
SU13JEC1':
Return Of Sign Deposit
DATE:
August 27, 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 #08-99. 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:
Ms. Karen B. Barrett
124 Ian Court
Stephens City, Virginia 22655
RSA/kac et/� I gci
107 North Kent Street • Winchester, Virginia 22601-5000
• • FILE COPY
YJA
October 20, 1999
Ms. Karen B. Barrett
P.O. Box 807
Stephens City, VA 22655
RE: VARIANCE #08-99; P.I.N. 86D-3-2-41
Dear Ms. Barrett:
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 of October 19, 1999.
Your Variance Application, #08-99 of Karen B. Barrett for an 8-foot rear yard setback variance for
an existing deck, was approved. Please bear in mind that this approval covers only the existing deck
and does not apply to any other uses. This property is located at 122 Ian Court and is identified with
Property Identification Number 86D-3-2-41 in the Opequon Magisterial District.
If you have any questions regarding this action, please feel free to call this office.
Sincerely,
Amy M. Lohr
Planner I
AML/ch
cc: Frederick Co. Building Inspections Dept.
Mr. Charles Sochin
O:Wgendas\BZ4WPPR_DEN.LTRUC_Barrett.apr.wpd
107 North Kent Street • Winchester, Virginia 22601-5000
•
BZA REVIEW DATE: 10/19/99
VARIANCE #08-99
KAREN B. BARRETT
LOCATION: The property is located at 122 Ian Court.
MAGISTERIAL DISTRICT: Opequon
PROPERTY ID NUMBER: 86D-3-2-41
PROPERTY ZONING & USE: Zoned RP (Residential Performance) District;
Land use - Residential
ADJOINING PROPERTY ZONING & USE: Zoned RP (Residential Performance);
Uses: Residential and Vacant
VARIANCE: 8-foot rear yard setback variance for an existing deck.
REASON FOR VARIANCE: The applicant states that the deck was accidently constructed
beyond the building restriction line.
STAFF COMMENTS:
Within the RP (Residential Performance) Zoning District, the required rear yard setback is 25 feet
from the property line. The existing deck was constructed 17 feet from the rear building restriction
line; therefore, a variance of eight feet has been requested. The deck was constructed without a
building permit.
The subject property does not appear to be affected by any extraordinary conditions or features that
would preclude conformance with all applicable setback standards. The developer obtained zoning
approval for a building permit on June 10, 1996 to construct a dwelling on the parcel. This permit
indicates a rear setback of 27 feet.
Frederick County Inspections Department records indicate that the deck attached to the rear of the
home was not included with the dwelling permit. The Virginia Uniform Statewide Building Code
states that a permit is required when constructing, enlarging, altering, repairing, or demolishing a
building or structure. The applicant neglected to obtain such a permit for the deck, thereby creating
0
Karen B. Barrett Variance #08-99
Page 2
September 29, 1999
the possibility for the setback encroachment, which would have otherwise been detected during the
zoning review process. It is important to note that the applicant in this case was the developer of the
property.
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 variance does not satisfy the aforementioned criteria. As
stated, the subject property involves no extraordinary feature or condition that would preclude
conformance with all applicable setback standards. Furthermore, to strictly apply the setback
standards in this case would not produce a hardship approaching confiscation of the property. The
absence of a deck does not eliminate either the functional use of the residence or the reasonable use
of the property.
O:\Agendas\BZA\Staff' Report\KarenBarrett.BZA.wpd
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0
Page 1 of 5 APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
AUG 1 q 1999
DEPT, OF PLAN, �., _LMENT
MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT
1. The applicant is the owner other . (Check one)
2. A77 CANT : CZCA(-\ PR ►_t+ Oe T : (if different) ja „
-re yL {-
NAME: NU NAME:
ADDRESS 1 �a n ADDRESS:
TELEPHONE:. S yC�) 9 S g l TELEPHONE: S S S
3. The property is located at (give exact directions and include
State Route numbers):
�G c �► ��a 1'L-�C
4. The property has a road frontage of feet and a depth
of t�(,o feet and consists of a(yes: (please be
exact) 101OX0 Sq I
5. The property is owned by � }0'0'y1e S �e„��Se 5C)(_ 11Y1
as evidenced by deed from )�aie���.'rrt }t- recorded
(previous owner)
in deed book no. on page 0 y y of the deed
books of the Clerk of the Court for Frederick County. Attach
a copy of the deed.
0 0
Page 2 of 5
6. Magisterial District: dy 2 g U o n
7. 14-Digit Property Identification No.: -2 a- W
8. The existing zoning of the.property is:'P
9. The existing use of the property is:
10. Adjoining Property:
USE ZONING
North _ p
East - n'0 D�- 11A pe e \crp . P
South T61
a
Westcue-
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.")
9 V Lear YaV,d VC(q iancc -(oy'
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
.C-1
13. Additional comments, if any
0
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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:
Address 11���G Y1 N
Property ID# RC) V)-- 3` y �j 5\e pken S C \+� Va ZZ� 5 S
NAME @ S Address \aD -1Gi n (b A
Property ID# v a Z2 Co Jam"'
NAME _�(D,p V�p -beL)e kC*. Address 00_"��
Property ID# L�� hr� A�e f c k+OL-O n ��C l� tasA—e r VC, ZZ. �o y
D9. s Address s
Property ID#
NAME
Property ID#
NAME
Property ID#
NAI�ffi
Property ID#
NAME
Property ID#
NAME
Property ID#
NAME
Property IN
Address
Address
Address
Address
Address
Address
578703
THIS IS TO CERTIFY THAT ON DEC. 16, 1996 I MADE AN ACCURATE SURVEY OF THE PRFAITSES SHOWN
HEREON AND THAT THERE ARE NO EASEMENTS OR FNCROACHMF.NTS VTSIBLE ON THE GROUND OTHER THAN
T110SE SHOWN HEREON.
RECORD PLAT TS RECORDED IN DEED BOOK 82.1 AT PAr;F. 22R.
FREDERICKTOWNE ESTATES SECTION I
LOT I I LOT 2 I LOT 3
— 1 �_� , 5 67009'16"E 120.49'
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�1. 031 IVORY DR.
LOT 41 SECTION II
VILLAGE AT SHERANDO
OPEQUON VISIRICT
FREDERICK COUNTY, VIRGINIR
HOUSE LOCATION SURVEY
t=URSTENAU SURVEYING
III SOUTH LOUDOUN STREET
WINCHESTER, VIRGINIA (540) 662-9323
REV 7/9/99 DECK TIES
DATE: DEC. 16, 1996
SCALE: I" = 25'
pwN. BY:
TM. OGD-3-2-41
Page 5 of 5
AGREEMENT
VARIANCE #
, Q �— � �
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 DATE '
SIGNATURE OF OWNER DATE
(if other than applicant)
-OFFICE USE ONLY-
BZA PUBLIC HEARING OF X _ 1 q" R I ACTION:
- DATE -
APPROVAL SIGNED:
' BZA CHAIRMAN
DENIAL DATE: / D -1 q - 9 9
0 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.
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 assis ce 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?
May 17, 1996 (KAwp\cmn%ah_cr\apphc.rev)
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DEED
THIS DEED, made this 7ih day of January, 1997, by anT�18v PG 0 8 4 4
Karen B. Barrett, unmarried, GRANTOR; and Charles J. Sochin and Denise
Sochin, his wife, GRANTEES,
WITNESSETH:
THAT, for and in consideration of the sum of TEN DOLLARS ($10.00) and
other good and valuable consideration, receipt of which is hereby
acknowledged, the GRANTOR does hereby grant, bargain, sell and convey, in
fee simple and with General Warranty of Title, unto the GRANTEES, as
tenants by the entirety with the right of survivorship as at common law, all that
certain lot or parcel of land situate, lying and being in Frederick County,
Virginia, and more particularly described as follows:
See attached Schedule A
And being the same property conveyed to Karen B. Barrett, by Deed from
Sherando Village, L.L.C., a Virginia Limited Liability Company, dated 03-22-
96, recorded 03-22-96, in Deed Book 855, Page 176.
This conveyance is made subject to covenants, conditions, restrictions,
easements and rights of way of record.
The GRANTOR covenants that said GRANTOR has the right to convey the
aforesaid property; that the GRANTOR has done no act to encumber said
property; that the GRANTOR will execute such further assurances as may be
requisite.
WITNESS the following signature and sea
Z(Seal)�
K ren B. Barrett
STATE OF VIRGINIA
COUNTY OF FREDERICK
6K872PGOS45
I, the undersigned, a Notary Public for the jurisdiction aforesaid, do certify
that Karen B. Barrett, whose name is signed to the foregoing document
acknowledged the same before me this 7th day of January, 1997.
' " (Seal)
Notary P blic .
My Commission Expires:
s SCHEDULE A
J
PROPERTY DESCRIPTION
Commitment Number: 00013247 D �jr p
The land referred to in this Commitment is described as follows: BK 8 r u O V 4 6
All of that certain lot or parcel of land, together with the improvements thereon and the easements and other
appurtenances thereunto belonging, lying and being situate in Opequon Magisterial District, Frederick
County, Virginia containing 10,020 square feet, more or less, and designated as Lot 41, Section Two, THE
VILLAGE AT SHERANDO, as shown on the plat and survey of Douglas C. Legge, C.L.S., dated September
9, 1993, attached to and made part of the #)eed of Dedication of said subdivision, dated June 30, 1994 said
Deed of Dedication being of record in the Office of the Clerk of the Circuit Court of Frederick County,
Virginia in Deed Book 823, at Page 200.
This commitment is valid only if the Cover Shect, Schedule B-1 and Schedule B-It are attached.
vinGINIA: FREDERICK COUNTY, SCT.
Thnls�Inxfstrum writing was pro uced to Men (Ao
day oat
end with cortlfica a of acknowledgment thereto annexed
was admimed to r rd. Tax Imposed by Sec. 58.1-802 of
S a) , and 58.1-801 have been paid, if assessable
:r' Clerk
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 678-0682
MWIFICAtICANI OF PUBLIC rHEARING
October 5, 1999
TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS)
RE: VARIANCE APPLICATION #08-99 OF KAREN B. BARRETT
On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public
hearing being held on Tuesday, October 19,1999, 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 #08-99 of Karen B. Barrett for an 8-foot rear yard setback variance for an existing
deck. This property is located at 122 Ian Court and is identified with Property Identification Number
86D-3-2-41 in the Opequon 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,
Amy ICI. Lohr
Planner I
AML/ch
O:\Agendas\BZA\ADJOINER\Bartelt.vaz.wpd
107 North Kent Street • Winchester, Virginia 22601-5000
0
This is to c rtify that the attached correspondence was mailed to the following on
/ %
from the Department ofPlanning and Development, Frederick
County, Virginia:
861) - 3- 2- 37-
BERRINGER, BARRRY J & LORI K
121 IAN CT
Ms. Karen B. Barrett
/n( xt' Jam(}
44—N 2TQAI 1. R 0. 13o U O
STEPHENS CITY, VA 22655.4013
Stephens City, VA 22655
06D - 3- 2- 36- - -
86D • 3- 2- 40•
!
FEENEY, DEBBY SUE
HOLT, DARWIN G & PEGGIE L
124IAN CT
119 IAN CT
STEPHENS CITY, VA 22655.4013
STEPHENS CITY, VA 22655.4013
=-J - --- 86D - 3- 2- 38-
86D - 3- 2- 42-
1 MULLINS, MICHAEL C JR & TERESA A
EASTEP, JAMES A
123 IAN CT
STEPHENS CITY, VA 22655.4013
120 IAN CT
STEPHENS CITY, VA 22655.4013
86D - 3- 2- 39-
75J -1- - 3-
SMITH, KAROL WAYNE JR
NORSWORTHY, REX S & SHARON S
& OLDT, JODY D
426 WESTMORELAND DR
126 IAN CT
STEPHENS CITY, VA 22655.2558
STEPHENS CITY, VA 22655.4013
75J -1- - 2-
ADAMS, PRESTON L & SANDRA K
178 THWAITE LN
WINCHESTER,VA 22603
STATE OF VIRGINIA
COUNTY OF FREDERICK
/ L y .�Qh Court"
'S. C. UfH 226rS
Amy M. ohr, Planner I
Frederick Co. Planning Dept.
I,J'I l �((� , a Notary Public in and for the State and County
aforesaid, do hereby certify that Amy M. Lohr, Planner I, for the Department of Planning and
Development, whose name is signed to the foregoing, dated 4Q q 1 , has
personally appeared before me and acknowledged the same in my State and County aforesaid.
Given under my hand this day of - t C
My commission expires on _Ff, n Aninj cD6 Qw:�5
TARY PUBLIC
F
TO: Barbara in Data Processing
FROM: Planning rtment 1(0411
Please prints of labels by: • VA 6(. THANK YOU!! 1 0 40 1
page 3 of 5 — r
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 , n �- Address I Ji �� n
VProperty ID# SO-- - y C) S\epkenS
NAMEe S Lct S -�Address \ k) act io
,Property ID# '76 V�) - - 3- `a - `I 2� � �plr�e � S V C1
Property IN n
•
Address
NAME r? X y ,76-wy S No r5w,cj� y Address Wes Ern a r,,/ ca,
`r�eph-vas CIq , VA aalvSS
Property ID#
t7S J / - 3
NAME ' Pre Stan/ a4,-,-S-'cLndrnct Adel 0)5 Address 17 A bVa- i te- LN °
Property ID# � , ! - a Winchester, VA Oal 03
ro
P rty
✓NAV, E '1�c�r r ;1. �� tc r k ° ^ �� i��; an Address 121 AO Ct
A,"& C3 y, Vit 9�v SS
Property ID# �S�, D - � - a - 3 i 547
✓NAME Address I i q
r-pePh•ens Cry5, VA a�(p
Property ID# g� L7 ' 3 - 3 G
NAME M 'C IQ-e i T v M -. I I i„!s Address 1.23
Property ID# 3 ` a - -3 'W
NAME J<�.IO f w1411
OlJ f Address
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Property IM _-� D= 3 -
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