HomeMy WebLinkAbout05-98 Gary & Dianne DeOms - Back Creek - Backfilet
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Variance Request Tracking Sheet:
Board of Zoning Appeals
Date:
;10- File opened
Reference Manual updated/number assigned
D-base updated
12 color location maps requested from GIS
—1' Two sets of labels requested from Data Processing
4 X- d File given to Renee' to update bi-monthly report
MEETING DATE:
CLOSE OUT FILE:
FINAL ACTIdk.-P P ROV E
Approval (or denial) letter mailed to applicant/copy made for file
File stamped "approved"/"denied" or "withdrawn"
Reference Manual updated
v D-base updated
File given to Renee' for final update to bi-monthly report
K.NWP\CMMCIG_CR7RACKING BZA
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CAS-H Date 19.1 0025471,
R Emm. C 0 EF_ I P T
Received From
Address Ica, znu
For
AMT. OF
ACCOUNT
CASH
AMT. PAID
CHECK
BALANCE
MONEY
DUE
ORDER
By
—Dollars $
COUNTY of FREDERICK
Department of Planning and Development
5401665-5651
FAX: 540/ 678-0682
May 21, 1998
Mr. and Mrs. Gary DeOms
149 Carters Lane
Stephens City, VA 22655
RE: VARIANCE #005-98 OF GARY AND DIANNE DEOMS; P.I.N. 74-A-10E
Dear Mr. and Mrs. DeOms:
This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their
meeting of May 19, 1998.
Your Variance Application, #005-98, has been approved as requested for a 10-foot side yard setback
variance (north) for an addition to an existing single-family residence.
If you have any questions regarding this action; please feel free to call this office.
Sincerely,
Michael T. Ruddy
Planner H
MTR/cc
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cc: Frederick County Inspections Dept.
0:\AGENDAS\BZ441PPR DEN.LTROEOMS.APP
107 North Kent Street - Winchester, Virginia 22601-5000
�c 1� ., CUB � •
COUNTY of FREDERICK
wDepartment of Planning and Development
540/665-5651
I73N 1738 FAX: 540/ 678-0682
TO.- Finance Department
FROM: Karen A. Cain, Receptionist/Clerk Typist II
SUBJECT: Return Of Sign Deposit
DATE: , May 20, 1998
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 #065-98. They have now returned thesign 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:
Mr. Gary C. Deoms
149 Carters Lane
Stephens City, VA 22655
RSA/kac
107 North Kent Street Winchester, Virginia 22601-5000
•
•
BZA REVIEW DATE: 5/19/98
VARIANCE #005-98
GARY AND DIANNE DeOMS
LOCATION: The property is located at 149 Carters Lane.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 74-A-10E
PROPERTY ZONING & USE: Zoned: RA (Rural Areas) District; Land use - Residential
ADJOINING PROPERTY ZONING & USE: Zoned: RA (Rural Areas) District; Land use -
Residential, orchard, and agricultural
VARIANCE: A 10-foot side yard setback variance (north) for an addition to an existing single-
family residence.
REASON FOR VARIANCE: The applicant states `This is the only location where we can attach
to the home and have both the garage and upstairs rooms. This location is next to the existing
driveway and does not interfere with the well or the existing septic system.'
STAFF COMMENTS:
Within the RA (Rural Areas) zoning district, the minimum side yard setback for a principal structure
is 50 feet when the property is adjoining land used for residential purposes. The applicant is
requesting a 10-foot variance to place an addition onto the rear of the principal structure which would
angle toward the adjoining side property line to a point approximately 41 feet away from this property
line.
As depicted on the plat included with the application, the house is located on a three -acre lot. It
would appear as though the applicant is not limited to choice of location. It may be feasible to place
the addition to the rear of the property in compliance with zoning ordinance requirements.
Furthermore, the property is currently being used for residential purposes.
0
i
Gary & Dianne DeOms
Page 2
May 11, 1998
In this case, strict application of the zoning ordinance does not prohibit the use of the property. The
property is being used, primarily, for residential purposes. Also, it would appear as though 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 15.2-2309(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 that would significantly restrict the use of the property
clearly does not exist.
STAFF RECOMMENDATION: Denial
O:WGENDAS\BZA\COM M ENTS\DEOMS.BZA
Page i of 5 APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
1.
The applicant is the owner
xx other
. (Check one)
2.
APPLICANT:
OCCUPANT: (if
different)
3.
�Cb
eel
NAME:- Gamer& Qj
ADDRESS 149 Carters Lane
NAME:
ADDRESS:
TELEPHONE: S4n_RFg_4?-�-� TELEPHONE:
0
The property is located at (give exact directions and include
State Route numbers):
1.8 miles west of Stephens City on Marlboro Road (RT 631) turn right
The property has a road frontage of 138.26 feet and a depth
of feet and consists of -;A ld acres. (please be
exact) depth south side 614.33 p ', north side 602.17'
5. The property is owned by Gary C. and Dianne Y. DeOms
as evidenced by deed from 7ame6_R.—�aess recorded
(previous owner)
in deed book no.on page 829 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: Bark CrPPk
7. 14-Digit Property Identification No.: 74000OA000010E
8. The existing zoning of the property is: Residential
9. The existing use of the property is: nwnPr-q home
10. Adjoining Property:
USE
North rPg;Hanr-P
East nrnharrl
South rPg; Hpncl-i
West farmf rrni land
11. Describe the variance sought in
(For example: "A 3.5' rear yard
car garage.")
v V'�
O� c
ZONING
RA
R A Ale
ti
RA :.�`
terms of distance and type.
variance for an attached two
10 foot variance on north side for 2 story addition to rear of house
to include garage downstairs and family, sewing and bathroom upstairs.
we also wish to move the stairway to the basement from the existing
kitchen to the addition in order to enlarge the kitchen and remodel it.
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
This is the only location where we can attach to the home and have both
the garage and upstairs rooms. This location is next to the existing driveway
and does not interfere with the well or the existing septic system.
13. Additional comments, if any
pW3d5
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 Harold G. Nichols Address 1832 Chapel Road
Midd+etawnr VA
22645
Property ID# _ _ _ 730000A000097o
NAME Anne Marie\Brown Address173 Carters Ln., Stephens City, VA 2265
Property ID# 74000OA000010B
NAME David and Ellen Sandy Address125 Carters Ln,Stephens CityVA22655
Property ID# _ 74000OA000011A
NAME Phillip Wh i tnpy Address 27 4 Carters Ln.Steiphens CityVA 22655
Property ID# _ 740000A000015o
NAME Address
Property ID#
NAME
Property ID#
NAME
Property ID#
NAME
Property IN
NAME
Property ID#
NAME
Property ID#
Address
Address
Address
Address
Address
Page S of S
AGREEMENT
VARIANCE # V O `
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 C DATE
SIGNATURE OF OWNER
(if other than applicant)
-OFFICE USE ONLY-
BZA PUBLIC HEARING OF -5 1 / - 9 w ACTION:
- DATE -
DATE
APPROVAL SIGNED:, �" , Vi, e C L4 Lr�
ZA CHAIRMAN
DENIAL DATE: ,5-- (9 - I (r
MAROLID G. NICHOLS —0.S. 344-P. 56
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JAMES NAKICHOLS, ET UX •
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' GARY C.DEOMS, ET UX '
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b= 486 ;K4 A29
THIS DEED made and dated this 8th day of February ,
19 78 , by and between JAMES R. NICHOLS and BRENDA C. NICHOLS,
his wife, parties of the first part, hereinafter called the
Grantors, and GARY C. DeOMS and DIANNE Y. DeOMS, his wife,
parties of the second part, hereinafter called the Grantees.
MITNESSETHt That for and in consideration of the suet of
Ten ($10.00) Dollars, cash in hand paid, and other good and
valuable consideration, the receipt of which is hereby acknowl-
edged, the Grantors do hereby grant and convey with general
warranty of title unto the Grantees, 'n fee simple, as tenants by
the entirety with common law right of survivorship, all of that
certain lot or parcel of land, together with the improvements
thereon and the appurtenances thereunto belonging, containing
3.134 acres, lying and being situate on the western boundary of
Route 629 in Back Creek Magisterial District, Frederick County,
Virginia,.and more particularly described by plat and survey
y
drawn by,LeW.A. Ebert, C. L. £., dated May 2, 1974, of record in
the Office of the Clerk of the Circuit Court of Frederick County,
Virginia in Deed Book 428 at Page 589, and by this reference made
a part hereof as if set out In full, and being the same land con-
veyed to Jaws R. Nichols from Brenda C. Nichols, by deed dated
December 27, 1977, of record in the aforesaid Clerk's Office in
Deed Book 485 at Page 3271 and further being the same land con-
veyed to the Grantors herein by deed dated May 17, 1974, from
Linwood D. Ritter, at ux, of record in the aforesaid Clerk's Offi q
in Deed Book 428 at Page 567. Reference is made to the aforesaid
plat and deeds for a 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 propesty.
The Grantors do hereby covenant that they have the right
to convey to the Granteest that the Grantees shall have quiet and
Peaceable possession of the said property, free free all lions ask
encuobrancest and they will grant such further assurances of titl
I
K0
486 wA 930
as may be requisite.
WITNESS the f6llowing signatures and seals:
Q(SEAL)
J S R. NICHOLY
V;&'J�6 (SEAL)
BRENDA-C. NICHOLS
STATE or VIRGINIA,
9t TO -WIT:
100r,
a Notary Public in and
for the State mA aforesaid, do hereby certify that
JAM R. NICHOLS and BMDA C. NICHOLS, his wife, whose names are
signed to the foregoing Deed, dated February a , 1979 , have
personally appeared before me and acknowledged the same in my
State a" aforesaid.
Given under my hand this Y,&_day of 197
My Commission expires
ejaulLe, 1p =.zx= c,3wrt s:;r.
TOUdrur"At sting was produces to 9no 04 CIO
40 rh
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of
diy o
and with orlifi='t of ack.�_-Tj_lclt -.31 "P;s
admitted to record. Ta-. i vy S --c. 6j- A. L
and 5:-S,3 have boon p.,dd, ;f a W
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I
Mapping,& Graphics
Work Request
'"w IW� Frederick County Department of Planning and Development "'
DATE:
REQUESTING AGENT:
DEPARTMENT/AGENCY:
ADDRESS:
FAX: PHONE:
E-MAIL ADDRESS:
DESCRIPTION OF REQUEST:
REQUESTED COMPLETION DATE:
COST OF FINISHED PRODUCT:
- PROJECT TRACKING -
DATE INiTi A I.S
PROJECT REQUEST RECEIVED:
PAYMENT RECEIVED:
FINAL PRODUCT DESCRIPTION:
PROJECT COMPLETION DATE:
PROJECT DELIVERY/PICK-UP:
I MATERIALS AND SUPPLIES USED:
ESTIMATED STAFF WORK TIME:
NOTES:
i
COUNTY of FREDERICK
Department of Planning and Development
5401665-5651
FAX: 540/ 678-0682
iNI IfICAtI OPI Or PUBLIC r EARIl G,
9
May 5, 1998
TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S)
RE: VARIANCE APPLICATION #005-98 OF GARY AND DIANNE DeOMS
On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public
hearing being held on Tuesday, May 19, 1998, 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 Gary and Dianne DeOms for a 10-foot side yard setback variance (north)
for an addition to an existing single-family residence. This property is located at 149 Carters Lane,
and is identified with Property Identification Number 74-A-10E in the Back Creek 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
t
107 North Kent Street • Winchester, Virginia 22601-5000
. •
• •
s is to certify that the attached correspondence was mailed to the following on
from the Department of Planning and Development,
Frederick Count irginia:
74 -A- - 10-E
DEOMS, GARY C & DIANNE Y
149 CARTERS LN
STEPHENS CITY, VA 22655-5210
73 - A- - 97-
NICHOLS, HAROLD G & ELIZABETH H
1832 CHAPEL RD
MIDDLETOWN, VA 22645-1810
74 - A- - 10-B
BROWN, ANNEMARIE Z.
173 CARTERS LN
STEPHENS CITY, VA 22655-5210
74 -A- - 11-A
SANDY, DAVID N & ELLEN G
125 CARTERS LN
STEPHENS CITY, VA 22655.5210
74 - A- - 15-
WHITNEY, PHILIP B.
214 CARTERS LN
STEPHENS CITY, VA
22655.5206
/ d
Michael T. Ruddy, PI ner II
Frederick County Planning Department
STATE OF VIRGINIA
COUNTY OF FREDERICK
I, -Mfi Onn � o'l I . 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 �1 • S C� , has
personally appeared before me and acknowledged the same in my State and County aforesaid.
Given under my hand this th day of 19 W
My commission expires on
Febnjanj -4 iqqq
- _- - NOTARY PUBLIC