HomeMy WebLinkAbout11-98 Cynthia D Ebert - Shawnee - BackfileVariance Request Tracking Sheet:
Board of Zoning Appeals
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MEETING DATE:
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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/Clerk Typist H
SUBJECT: Return Of Sign Deposit
DATE: June 17, 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 #011-98. 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
Ms. Cynthia D. Ebert
208 Lake Ridge Road
Stephens City, VA 22655
107 North Dent Street • Winchester, Virginia 22601-5000
COUNTY of EREDERICK
Department of Planning and Development
5401665-5651
FAX: 540/ 678-0632
MEMORANDUM
TO: Finance Department
FROM: Karen A. Cain, Receptionist/Clerk Typist II
SUBJECT: Return Of Sign Deposit
DATE: June 17, 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 #011-98. 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
Ms. Cynthia D: Ebert
208 Lake Ridge Road
Stephens City, VA 22655
107 forth Kent Street - Winchester, Virginia 22601-5000
I
June 17, 1998
Ms. Cynthia D. Ebert
208 Lakeridge Drive
Stephens City, VA 22655
T '
FILE 66P / y
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 678-0682
RE: VARIANCE #011-98 OF CYNTHIA D. EBERT; P.I.N. 7511-3-7-197
Dear Ms. Ebert:
This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their
meeting of June 16, 1998.
Your Variance Application, #011-98, has been approved as requested for an 11-foot rear 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,
Michael T. Ruddy /
Planner II
MTR/cc
cc: Frederick County Inspections Dept.
0.\AGENDAS\BZAUPPR_DEN LTR�EBERTAPP
107 North [gent Street • Winchester, Virginia 22601-5000
•
BZA REVIEW DATE: 6/16/98
VARIANCE #011-98
CYNTHIA D. EBERT
LOCATION: The property is located at 208 Lakeridge Drive.
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 75H-3-7-197
PROPERTY ZONING & USE: Zoned: RP (Residential Performance) District; Land use -
Residential
ADJOINING PROPERTY ZONING & USE: Zoned: RP (Residential Performance) District; Land
use - Residential (The Village at Lakeside)
VARIANCE: 11-foot rear yard setback variance for an addition to an existing single-family
residence.
REASON FOR VARIANCE: To provide above ground dry storage space.
STAFF COMMENTS: Within the RP (Residential Performance) zoning district, the minimum rear
yard setback for a principal structure is 25 feet. The applicant is requesting a 11' variance to place an
addition onto the rear of the principal structure which would then place the principal structure 14'
away from the rear property line.
In this case, strict application of the zoning ordinance does not prohibit the use of the property. The
property is currently being used for residential purposes. Furthermore, there appears to be sufficient
space to the north side of the building in which to construct additional storage space attached to, or
detached from, the existing structure. 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
•
Page 1 of 5 APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
N V C
1.
The applicant is the owner
„ other
. (Check one)
2.
APPLICANT:
OCCUPANT: (if
different)
NAME:
ADDRESS ,2 0 N L Q/S1P�nri
TELEPHONE: ( y0) &1) 9 -
NAME:
ADDRESS:
TELEPHONE:
3. The property is located at (give exact directions and include
State Route numbers):
,2 d g k- Q !� r C� Q P _DR� v e, � TP � h e n S C 1 _� vy�
Lot /27 '5nct vil The YlAga t Z194 _c.rl
4. The property has a road frontage of /0/./5 feet and a depth
of �6 / 0 9 feet and consists of O.,2_24/ acres. (please be
exact)
5. The property is owned by Cvn71-17ioL_ �_/D. L Ac ,-7`
as evidenced by deed from Dgye 110[LIL>Qk ,0nS770fu Ti ,7-47 c recorded
(previous ow er)
in deed book no.on page 3 %� 00 of the deed
books of the Clerk of he Court for Frederick County. Attach
a copy of the deed.
•
Page 2 of 5
6.
Magisterial District: 517auilu c e
7/
7.
14-Digit Property Identification No.:
8.
The existing zoning of the property is: /'e5/DanTiAc
9.
The existing use of the property is: 5/nn/,-
tOrniN /�ni» P
10.
Adjoining Property:
USE ZONING
North sib // T „n . homes t- es i
East v r+� n _ ecs�'d�.�Yic`�
South h .he re-f i dr.,
West 3ino/r Warn - h��r►�* t'Psi4l�.�ii
d eaY//a /
a
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.")
1ZC] / /�eOr �iDr d YD/'/bn- on u.f7o�f1e
ci P7��� r io T
_Q1776 )AAe �r/slino ho�r,P .
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
OUC f toRan� /)Trllin�1�n� 6/e �e use !row/sCe �o/%rod{
.St�ee Drr rrlw wy4- s72,212 s' a r,;ne of pU/'Y'lyse• 4ae have C7L leal
dr4ir�orr� ve znra2i e—OUA na/gual'4"27e e s o -aae i9R e19
13. Additional comments, if any
rf,goao.srd e�y7`�nsieiJ �yo�/o/ �rovid2 Glue n!'aund 4p, .c7Dt,4oe
0
p"3of5
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 5lre rrwI7 IAJs C kei & -- ampsoo Address .2/U 4,9he-"rqIg� .Z)lp
Property ID# 75// -,3-?- /
NAME/,� L %y/o- Z, Address ? 3 G ,,SoroerS e7" b?
Property ID# 75ht -3 i- / 9 6
NAME &,- 6- g69G e/ #s'/l Address ad I /,a e .),q
Property ID# r 5-N- 3 - 7- t) / 6
NAME
Property ID#
NAME
Property ID#
NAME
Property ID#
NAME
Property ID#
NAME
Property ID#
NAME
Property ID#
NAME
Property ID#
Address
Address
Address
Address
Address
Address
Address
0
We, the below signed neighbors of Cynthia D. Ebert, 208 Lakeridge Dr., Stephens City, VA., are
aware of her desire to build an addition onto the rear of her existing home. That extension
would not exceed the width of the existing structure and would extend the rear of the home by
12 feet. The proposed extension would be constricted in an archectural style consistent with the
existing structure. We have no objections to the proposed extension.
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Signature
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Pago 5 of 5
AGREEMENT
VARIANCE # 011., 11
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 �� &,W DATE
SIGNATURE OF OWNER DATE
(if other than applicant)
-OFFICE USE ONLY-
BZA PUBLIC HEARING OF J un� 16, 119 9 ACTION:
- DATE -
APPROVAL SIGNED:r
BZA CHAIRMAN
DENIAL DATE: �T
11
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LOT SUBJECT TO A 10' UTILITY
EASEMENT ALONG ALL PROPERTY
LINES AND A 10' SLOPE It DRAINAGE
EASEMENT ALONG LAKERIDGE DRIVE
RIGHT-OF-WAY.
THIS IS TO CERTIFY THAT ON AUGUST �F,ALTH
24, 1998, 1 MADE AN ACCURATE SURVEY O�•
OF THE PREMISES SHOWN HEREON AND
THAT THERE ARE NO EASEMENTS OR
ENCROACHMENTS VISIBLE ON THE GROUND O / L A EN E E T
OTHER THAN THOSE SHOWN HEREON.
TITLE REPORT NOT FURNISHED. 'T..,._. _...
1498
c
;�!!D BVRVF•{
Fl
os°M°r
R�"F�SFr
LOT 197
SECTION Vll
THE VlL L A GE
�AT LAKESIDE
SHA WNEE DIS TRIC T
FREDERICK COUNTY
VIRGINIA
THOMAS J. CHASLE
ATTORNEY AT LAW
WINCHESTER, VIRGIN
BK69ZPc700
THIS DEED, made and dated this day of September, 1988,
by and between DAVE HOLLIDAY CONSTRUCTION, INC., A Virginia Corporation,
party of the first part, hereinafter called the Grantor and CYNTHIA D.
EBERT, party of the second part, as feme sole, hereinfater called the
Grantee, and W & B INVESTMENTS, INC., a Virginia Corporation, party of
the third 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, receipt whereof is hereby acknowledged, the Grantors do
hereby grant and convey in fee simple absolute, with general warranty and
English covenants of title unto the Grantee, as feme sole, to be her
equitable separate estate, the curtesy interest or right of her present
or any future husband being hereby expressly excluded by this instrument
as provided in §64.1-21, Code of Virginia, 1950, as amended, the following
real estate, to -wit:
All of that certain lot or parcel of land, together
with the improvements thereon and the appurtenances
thereunto belonging, lying and being situate in
Shawnee Magisterial District, Frederick County,
Virginia, and more particularly described as Lot
197, Section VII, The Village at Lakeside, on that
certain plat of survey drawn by P. Duane Brown, C.L.S.,
dated October 2, 1987, attached to the Deed of Dedication
of said subdivision dated February 1, 1988, of record
in the Office of the Clerk of the Circuit Court
of Frederick County, Virginia, in Deed Book 671,
at Page 378, et seq., and by this referenced made
a part hereof as if set out in full; and being a
portion of the same land conveyed to the Grantor
herein by deed dated May 13, 1988 on record in the
aforesaid Clerk's Office in Deed Book 681, at Page
187.
The property hereinafter described is to be held and owned
by the said Cynthia D. Ebert, in her own right as her separate and equitable
estate, for her sole and separate use and benefit, free from the control
and marital rights of any present or any future husband, the right of
curtesy of any future husband in and to the aforesaid property being hereby
expressly excluded, with full and complete power in and toward the said
JCynthia D. Ebert, to sell, convey and encumber by Deed of Trust; or
..,, .1::V,o00
otherwise dispose of said property by rI
bti�►�i strument during her
lifetime, without the necessity of any present or future husband uniting
in any such Deed, Deed of Trust or other instrument and with full and
complete power in and toward the said Cynthia D. Ebert, to devise or
otherwise dispose of said property by her Last Will and Testament.
This conveyance, however, is made subject to all rights of
way, easements and/or conditions of record, if any, affecting the aforesaid
realty.
The execution of this Deed has been duly authorized by the
Directors of the Grantor Corporation and nothing in the Corporate Charter
or By Laws reserves the power unto the stockholders to convey a part of
the corporate real property.
The party of the Third part joins in the execution of this
Deed hereby releasing any and all interest they might have to this property
pursuant to an unrecorded contract of sale from Dave Holliday Construction,
Inc.
The execution of this Deed has been duly authorized by the
Directors of the Third Party Corporation and nothing in the Corporate
Charter or By Laws reserves the power unto the stockholders to convey a
part of the corporate real property.
WITNESS the following signatures and seals:
DAVE HOLLIDAY CONT3UE57ION, INC.
By: (SEAL)
David lli ay, President
B INVE/STMENTS, INC.
y(SEAL)
Eliza th P. Orth
STATE OF VIRGINIA, at Large,
Dto- it:
I, rULLLI_ `-1� J�, &a Notary Public, in and for
the State and jurisdiction aforesaid, do hereby certify that David B.
Holliday, who is President of Dave Holliday Construction, Inc., whose
•
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BX692?G102
name is signed to the foregoing DEED bearing date on the � day of
September, 1988, has personally appeared before me and acknowledged the
same before me in my State and jurisdiction aforesaid.
Given under my hand this � day of September,
My Commission expires
STATE OF VIRGINIA, at Large,
1988.
CC
a Notary Public, in and for
the State and jurisdiction aforesaid, do hereby certify that Elizabeth
P. Orth of W & B Investments, Inc., whose name is signed to the foregoing
DEED bearing date on the I J day of September, 1988, has personally
appeared before me and acknowledged the same before me in my State and
jurisdiction aforesaid.
Given under my hand this day of September, 1988.
My Commission expires ' L Q¢ C C. S�-JLA-
g
Notary Public
'i,NIIA: FREDERV'%COUNTY, Si;r.
insirument of writing was produced to me on the = 4. _ �1� }�• o-
ii cf.,"+:i'C to of ac'kn-�vdadgn-ient i� e> 2�Q we2i+8Xed
2:.1 lil 'i:yl to record. lax imposed by of OA,��:
&' so d i€ asses
and �1 J" 53p r-4 have been pa'zsable. ,,�'%y3 'i ^• t
J f '�'��111(1 t11111111��`
CURK
44
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 678-0682
l I J'rIFICr\rl JAI Or Pull- !C .11EAkI G
June 9, 1998
TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S)
RE: VARIANCE APPLICATION #011-98 OF CYNTHIA D. EBERT
On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public
hearing being held on Tuesday, June 16, 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 Variance #011-98 of Cynthia D. Ebert for an 11-foot rear yard setback variance for an
attached addition to an existing single-family residence. This property is located at 208 Lakeridge
Drive, and is identified with Property Identification Number 75H-3-7-197 in the Shawnee 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 County, Virginia:
Cynthia D. Ebert
208 Lakeridge Drive
Stephens City, VA 22655
Sherman & Gloria Thompson
210 Lakeridge Drive
Stephens City, VA 22655
i
Arthur & Tracey Hill
207 Lakeridge Drive
Stephens City, VA 22655
!
STATE OF VIRGMA
COUNTY OF FREDERICK
Larry L. Taylor, Jr.
236 Somerset Drive
Stephens City, VA 22655
Michael T. Ruddy, Planner Ii
Frederick County Planning Department
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 , has
personally appeared before me and acknowledged the same in my State and County aforesaid.
Given under my hand this day of 19
My commission expires on
NOTARY PUBLIC