HomeMy WebLinkAbout07-98 Dorothy E Bolyard - Stonewall - Backfile11
Variance R
Board
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Two sets of labels requeszea from Lata rrocessing
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File given to Renee' to update bi-monthly report
MEETING DATE: MAY 1R,IQQg
CLOSE OUT FILE:
FINAL ACTIAP PROVED
Approval (or denial) letter mailed to applicant/copy made for file
File stamped "approved"/"denied" or "withdrawn"
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May 21, 1998
Mrs. Dorothy E. Bolyard
P.O. Box 351
Stephenson, VA 22656
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 678-0682
RE: VARIANCE #007-98 OF DOROTHY E. BOLYARD; P.I.N. 44-A-255
Dear Mrs. Bolyard:
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, 9007-98, has been approved as requested for a 24-foot side yard setback
variance 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,
J
Michael T. Ruddy /
Planner II
MTR/cc
cc: Frederick County Inspections Dept.
0 \AGENDAS\BZiUPPR DEN.LTR\BOLYARD.APP
107 North Kent Street • Winchester, Virginia 22601-5000
COUNTY of FREDERICK
w� Department of Planning and Development
540/ 665-5651
173H FAX: 540/ 678-0682
TQ: 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 #007-98. 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
Mrs. Dorothy E. Bolyard
P.O. Box 351
Stephenson, VA 22656
107 North Kent Street - Winchester, Virginia 22601-5000.
BZA REVIEW DATE: 5/19/98
VARIANCE #007-98
DOROTHY E. BOLYARD
LOCATION: The property is located at 763 Jordan Springs Road.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 44-A-255
PROPERTY ZONING & USE: Zoned: RA (Rural Areas) District; Land use - Residential
ADJOINING PROPERTY ZONING & USE: Zoned: RA (Rural Areas) District; Land use -
Residential and Business
VARIANCE: A 24-foot side yard setback variance for an addition to an existing single-family
residence.
REASON FOR VARIANCE: The applicant states `The property is long but the width is narrow.
The addition cannot be added to the rear, which is the only side that complies, because I have a
building approximately 17 feet from my house. If I were to tear down the building with the addition,
the house would appear awkward.' See attached "Exhibit A."
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 24-foot variance to place an addition onto the side of the principal structure. This would
place the structure 26 feet from the adjoining property line. A disparity exists between the floor plan
of the building and the distance from the property line shown on the building permit which should be
clarified by the applicant. When a 24-foot addition is subtracted from 59 feet (the distance of the
existing house from the property line), the addition would be located 31 feet from the property line,
thus requiring only a 19-foot variance.
0
Dorothy E. Bolyard Variance
Page 2
May 8, 1998
As depicted on the plat included with the application, the house as it currently exists conforms with
all setback requirements. It would appear that in this case, the applicant is not limited to choice of
location. It may be feasible to place the addition at another location on the property in compliance
with zoning ordinance requirements. Furthermore, the property is currently being used for residential
purposes.
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:\AGENDAS\BZA\COMMENTS\BOLYARD.BZA
• 0
Page 1 of 5 APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
1. The applicant is the owner other (Check one)
2. APPLICANT: OCCUPANT: (if different)
NAME: �er0�iltl E• IX�IIIa(�
ADDRESS lb3 lyd2n JD(orp Pod
�jt7�ke Win, 1.�� z� 6
TELEPHONE: tsgL tiia-qW6
NAME:
ADDRESS:
TELEPHONE:
3. The property is located at (give exact directions and include
State Route numbers):
J
i- 111PC ott I 11foidvd Wely IT 1 1 T 1 f
(11 Nj r i 4-
-fb
i5 +h/ +i(4 Iri)se G IgE l*AA 11iS' �hooi2ln
etofer.
4. The property has a road frontage of -1�5 feet and a depth
of r-Q5 b feet and consists of ��� acres. (please be
exact)
5. The property is owned by
as evidenced by deed from IY6corded
(previous owne )
in deed book noon page 11 of the deed
books of the Clerk of the Court for Frederick County. Aiiach
a copy of the deed.
Page 2 of 5
6. Magisterial District: %nnQt,t o
7. 14-Digit Property Identification No.: 44 - A -;)55
8. The existing zoning of the property is:
9. The existing use of the property is: 9<11APA7I
10. Adjoining Property:
USE ZONING
North
East T115 , snnebn e-S i, ea b
South '`(Cod,lGrd2� So. CC
West I cA 1 _ti,rrl2n Sfn) n Qci . i
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.")
vowia� Y qo s e.4 Fo b e, t i cA)/e-d. 2. 6 p,V?Clil� CA-, .
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
r
-WOEM W/Il�RX"T�=
wtre to Jew down 4U bk"1id"nj LA.) 1, ai+iak -4 housZ ciould applar
13. Additional comments, if any 4p9
1998
24:arkA. "All
11
pops 3 of b
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:
NAMEOiQt r 2nrl , (2)n f Idetsh
Property ID# q q -A _ Q,5(l
Address `� 7 1 Jnr-&qn c ` ��► nra.5 Rr�
NAME ,-)Ong nr Ot ��(
Address I t ac � C J, .
_._....
Property ID# --`,
Siephtnsbn, VR a 65&
NAME j'J b i 4on
Property ID# qLJ - a _a
Address `7 3,3 `i ncc� ��1. ma c► rx�c, �cj .
NAMERllen L?,A)IJAC
Address Jqy jt)Jgn
Property ID# y q -- R - !�. I �
`S pke► c n, 'V( DaC 156
NAME
Property ID#
Address Qi
NAME,- bkneE Bur Address Jc -Jqn
SI-c�hen�n, �
Property VA � in�,
ID# �� -,� �
NAME(j)JI(III11 11)2Nl' 'Address__°�jn��
Property ID#
NAME Address
Property ID#
NAME Address
Property ID#
NAME Address
Property ID#
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 Ached sketch EYhibi+ "13"
��Iw, SPrI "ns Rd
O_
Kpf2
At6chwd as � �'��tCs my d
Ahel vd as is Plans of i�u add t,on
•
Page S of S
AGREEMENT
VARIANCE # 00 - 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 APPLI n qM DATE
SIGNATURE OF OWNER `' ,Z DATE q11_
(if other than applicant)
-OFFICE USE ONLY-
BZA PUBLIC HEARING OF J- , I- / D ACTION:
- DATE -
APPROVAL SIGNED t-t V« -t C
BZA-CRAIIRMAN
DENIAL DATE: S '
0
EXHIBIT "A"
I am a 72 year old female. I am building the addition so that my grandson and his
wife can take care of me due to my recent stroke. My house isn't large enough for all
of us. This is the home that I have known for forty years.
. The addition will improve the look of my house tremendously. I understand that
in life we must have rules. However, my argument is that all of the houses that surround
me with the exception of my business neighbor, are less than 40 feet from the property
line. Most of them are approximately 25 feet apart, let alone 50 feet from the property
line. (This is indicated in a sketch on Page 4 of the Variance Application.)
"L'O"; ul.' V.i.r'i_;.it0'a
County of Loudoun, tit: •
I, R. K. Gheen, a Notary Public in and for the County of
Loudoun, in the State of Virginia, do hereby certify that Lucille Shumaker and
if I
U
Meredith R. Shumaker, her husband, whose names are signed to the foregoing writing
bearing date of May 28th, 1957, have personally appeared before me, in my county
aforesaid, and acknowledged the same.
Giver_ under my hand this 18th day of January, 1957•
My commission expires Oct. 15-1961.
(SEAL) R. K.
Notary Public
VIRGINIA
FREDERICK COUNTY, (SCT.
This instrument of writing was produced to me on the 3rd day
of February 1958 at 10:30 A. M. and with certificate of acknowledgment thereto
anne.ced was admitted to record.
CLERK
**********************************
u`158
J= Y. ROYSTON, ET UX
TO .. DEED
CORA DURR, ET AL
THIS DEED made and dated this 29th day of January, 1958, by
and between Jerry Y. Royston and Elizabeth G. Royston, his wife, parties of the
first part, and Cora Durr and Dorothy E. Bolyard, parties of the second part.
WITNESSETH: That for and in consideration of the sum of Ten
Dollars ($10.00) cash in hand paid, and other good and valuable consideration, the_'j
receipt of all of which is hereby acknowledged, and in further consideration of
the assumption by the parties of the second part of certain lien indebtedness as
will be hereinafter more fully set forth, the parties of the first part do hereby
grant, sell, and convey, with general warranty of title, unto the parties of the
second part, with common law right of survivorship, all that certain lot or parcel
of land containing 0.91 acre more or less, together with all improvements and
appurtenances thereto belonging, lying and being situate about five miles North of
Winchester, in Stonewall District, Frederick County, Virginia, fronting on Vir-
ginia State Highway No. 274, commonly known as the Old Charles Town Road, and also
fronting on Virginia State Highway No. 664, commonly known as the Jordan Springs
Road, and being the same land that was conveyed to the parties of the first part
by Georgia Elliott, by deed dated June 4, 1955, of record in the Clerk's Office of
the Circuit Court of Frederick County, Virginia, in Deed Book No. 236, page 586,
and also by deed of correction dated October 6, 1955, of record in said Clerk's
Office in Deed Book No. 238, page 494, wherein said land is correctly described
by metes and bounds as follows: "beginning at a stake in the northeastern boundary
line of the Jordan Springs Road, a corner to the Portion conveyed to Ora R. Bailey,
which stake is located by measuring 311.1 ft. southeastwardly along the said bound-
ary line from its intersection with the southern boundary line of the Old Charles
Town Road, running with the northeastern boundary line of the Jordan Springs Road
S 39° 50' E - 153.9 ft. to a stake corner to the Strosnider Lot; thence with the
northwestern line of the said Lot N 440 E - 306.7 ft. to a stake in the southern
boundary line of the Old Charles Town Road; thence with the said line N 720 30' W -
i f i 1, 1- 1u a :.i.cGi::, cutn;i LA) 1,11U cy.ia isW_u.;y U uiive;yaucu; wl[;n tn: auubn-
ea.stcrn line of the sle Conveyance S 440 W - 214 ft. to *eginning, containing
0.91 acres." A reference to said records and to the references therein contained,
Is here made for a further and more particular description of said land.
II
As part of the consideration for this conveyance the parties
of the second part are assuming the balance of $2225.00 due to Georgia Elliott,
payable at the Shenandoah Valley National Bank, Winchester, Virginia, on a note in
the original principal sum of $3,000.00, secured by deed of trust dated June 4,
1955, of record in said Clerk's Office in Deed Book No. 236, page 587. And the
parties of the second part unite in this deed for the express purpose of assuming,
and do hereby assume the payment of the balance of said lien debt in accordance
with the terms of the note evidencing same, and the deed of trust securing said note.
Witness the following signatures and seals.
STAMPS * JERRY Y. ROYSTON (SEAL)
$5.50
CANCELLED * ELI ABETIi G. ROYSTON ( SEAL) i
CORA DURR (SEAL)!
DOROTHY E. BOLYARD (SEAL)I
State of Virginia
County of Frederick, to -wit:
I, Ruth C. Crum, a Notary Public in and for the County of
Frederick, in the State of Virginia, do hereby certify that Jerry Y. Royston and
Elizabeth G. Royston, his wire, and Cora Durr and Dorothy E. Bolyard, whose names
are signed to the foregoing writing bearing date of January 29th, 1956, have
personally appeared before me, in my county aforesaid, and acknowledged the same.
Given under my hand this 3rd day of Feb., 1958.
My commission expires Sept. 12, 1959•
( SEAL) RUTI1 C . CRUM
Notary b is
VIRGINIA
FRP.DERICK COUNTY, (SCT.
This instrument of writing was produced to me on the 3rd day
of February 195E at 11:58 A. M. and with certificate of aclnowledgment thereto
annexed was admitted to record.
/� r
//. Q.A
F1?9
UtRAINE B. WATSON, RT VIR
TO DEED
NATI-LUT S. JOYNER, ET UX
THIS =, made and dated this lst day of February, 195E, by
and between Lorraine B. Watson and Icon V.
Watson, her husband, parties of the
first part, hereinafter referred to as the
Grantors, and Nathan S. Joyner and
\ AS
S \�
Sylvia F. Joyner, his wife, parties of the
second part, hereinafter referred to
C2
as the Grantees.
TITATESSETH: That for and in concidarati.on of Ten Dollars
($10.00) and other considerations, receipt
of which is hereby acknowledged, the
Grantors do hereby grant and convey to the
Grantees jointly, With right of survivor-
sh1p, uitn general warranty of title, all that certain lot or parcel of land lying
on the East side of U. S. Route 11, just South of trio City limits of the City of
' incn�)ster, Vi.rgi.nia, front-ing 1-0.1 feet on said highway and running back in a
Easternly direction between parallel lines a distance of lgb.5 feet on the South
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• -�
COUNTY of FREDERICK
Department of Planning and Development
5401665-5651
FAX: 540/ 678-0682
PI J'rIfICAr! JAI Or+U8L IC r' 1EA;kl'1N1r'
' May 5, 1998
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S)
RE: VARIANCE APPLICATION #007-98 OF DOROTHY E. BOLYARD
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 Dorothy E. Bolyard for a 24-foot side yard setback variance for an
addition to an existing single-family residence. This property is located at 763 Jordan Springs Road,
and is identified with Property Identification Number 44-A-255 in the Stonewall 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
107 North Kent Street • Winchester, Virginia 22601-5000
• •
This is to certify that the attached correspondence was mailed to the following on
from the Department of Planning and Development,
Frederick unty, Virg' ia:
44 - A- - 215-
BAER, JANET M.
44 A 254
CIO JANET M. HUGHES
WELSH, ROGER L & JANET 1
1149 FROG HOLLOW RD
WINCHESTER, VA 22603.2541
775 JORDAN SPRINGS RD
STEPHENSON, VA 22656-1915
44 - A- - 216-
WAMSLEY, WILLIAM S. &
44 - A- -
768 JORDAN SPRINGS RD
BARB, JUNIOOR W. &
STEPHENSON, VA 22656-1911
RR 2 BOX 165-A
BOYCE, VA. 22620.9802
44 - A- - 255-
BOLYARD, DOROTHY E.
44 - A- - 212-
DIXON, MARY V & ETALS
PO BOX 351
STEPHENSON, VA. 22656.0351
471 GRACE CHURCH RD
CLEARBROOK, VA 22624.1333
44 - A- - 213-
LAFFOLLETTE, ALLEN LEE
744 JORDAN SPRINGS RD
STEPHENSON, VA. 22656-1911
44 - A- - 214-
CAMERON, ROY C. & MILDRED F.
752 JORDAN SPRINGS RD
STEPHENSON, VA. 22656-1911
Michael T. Ruddy, Pl er II
Frederick County Planning Department
STATE OF VIRGINIA
COUNTY OF FREDERICK
I, i� T I l L�10 lid i 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 5.5 G1 P has
personally appeared before me and acknowledged the same in my State and County aforesaid.
Given under my hand this � day of 19
8
My commission expires on LLI�dfll �)8I
NOTARY PUBLIC