HomeMy WebLinkAbout13-98 Jimmy & Sharon Smith - Shawnee - BackfileI
Date:
Variance Request Tracking Sheet:
Board of Zoning Appeals
File opened
✓ Reference Manual updated/number assigned
✓ D-base updated
,/ 12 color location maps requested from GIS
�1L� Two sets of labels requested from Data Processing
L23 -2y File given to Renee' to update bi-monthly report
MEETING DATE: '-J- ;� I -q �,
CLOSEOUT FILE: r7—Z Z 9
FINAL ACTION: APPROVED
Approval (or denial) letter mailed to applicant/copy made for file
File stampe approv /"denied" or "withdrawn"
N Reference Manual updated
v D-base updated
�• p�'q File given to Renee' for final update to bi-monthly report
"At/
KAWP\CMN\CIG CR\TRACKING.BZA
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SH
• RECEIPTDate` ,l 19 :✓ 05r
Received From
Address
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S N Dollars $
x� For
i
O ACCOUNT•
CL AMT OF CASH
ACCOUNT
AMT. PAID CHECK
BALANCE MONEY
DUE ORDER BY
41G1t ` CO
COUNTY of FREDERICK
wDepartments of Planning and Development
µt;1Nl
540/665-5651
n•'H FAX: 540/ 678-0682
MEMORANDUM
TO: Finance Department
FROM: Karen A. Cain, Receptionist/Clerk Typist II
SUBJECT: Return Of Sign Deposit Gab
DATE: July 31, 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 #013-98. 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
Mr. Jimmy Smith
500 110' Avenue N., #203
St. Petersburg, FL 33716
107 North Kent Street - Winchester, Virginia 22601-5000
0 FILE COPY
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 678-0682
July 22, 1998
Mr. and Mrs. Jimmy Smith
109 Tyler Court
Stephens City, VA 22655
RE: VARIANCE #013-98 OF JIMMY & SE ARON SMITH; P.I.N. 75D-4F1-87
Dear Ms. Smith:
This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their
meeting of July 21, 1998.
Your Variance Application, #013-98, has been approved as requested for a 5.8-foot front yard
setback variance for 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
cc: Frederick County Inspections Dept.
O:\Ag�\BZA\APPR DEN.LIR\j_UmdLAPP.wpd
107 North Kent Street • Winchester, Virginia 22601-5000
•
Variance # 3-98, Jimmie & Sharon Smith
0- .
•
BZA REVIEW DATE: 7/21/98
VARIANCE #013-98
JIMMY & SHARON SMITH
LOCATION: The property is located at 109 Tyler Court.
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 75D-4F1-87
PROPERTY ZONING & USE: Zoned: RP (Residential Performance) District; Land use -
Residential
ADJOINING PROPERTY ZONING & USE: Zoned: RP (Residential Performance) District;
Land use - Residential
VARIANCE: Request for a 5.8-foot front yard setback variance for an existing home.
REASON FOR VARIANCE: Applicant states that the house was built in 1990; the house was
purchased in 1993 and they were unaware of the problem and are now trying to sell. They have
found the house to be over the 35-foot setback line; variance is needed to resolve problem.
STAFF COMMENTS: Within the RP (Residential Performance) zoning district, the front yard
setback is 35 feet. This house was constructed in 1990, prior to the implementation of setback survey
standards, 29.2 feet away from the front property line, thus requiring the 5.8-foot front yard setback
variance.
It is staff belief that the fact that this building was constructed in violation of the setbacks should
have been addressed at the time of construction and during the inspection process, in particular, at
the time a final Certificate of Occupancy was issued. This obviously did not occur. Therefore, staff
is of the opinion that this variance request meets the test for Board of Zoning Appeals as specified in
Section 15.2-2309(2(b)(1), (2) and (3) of the Code of Virginia. Strict application of the Zoning
Ordinance would produce an undue hardship; this hardship is not shared generally by other properties
in the vicinity, and approval of the variance request will not have a detrimental impact on the
adjoining properties or the Zoning District as a whole.
STAFF RECOMMENDATION: Approval
Page 1 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:
3.
4.
OCCUPANT: (if different)
NAME: Me. J Mg-s. T,rvmmy a AfON NAME: _
AD1DRESS T/ Le9- GoUR.t ADDRESS:
S te0hQ NS CJV
r)
TELEPHONE: 6 %,-- - 2 1 4 TELEPHONE:
The property is located at (give exact directions and include
State Route numbers):
MA OoN: C UP-Ch SJ. 'T \R013
PiDyonj ��fo
CoLl /,�6 A.
ti JUN1998
n RECEIV -:
DEP PLANNI"Q
The property has a road frontage of nnpI and a depth
of 13r�, ` feet and consists of .a 5a IA.acres. (please be
exact)
5. The property is owned by S;m rm� ��. Sri SR • d S, Al.4tj
as evidenced by deed from C., R t, s N. 51'n& �e� a.7eQeS A C.recorded
(previous owner) SrA`�tV-Y
in deed book no, gO`A on page I d Q y 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: C,�,
7. 14-Digit Property Identification No.: 752 - If Ff 7
8. The existing zoning of the property is: �P
9. The existing use of the property is: 12Py� L( Atk- La,(�
10. Adjoining Property:
USE ZONING
North KPJ) t �'LovL Y('S
East
11.
South ►�
West
Describe the variance sought in terms of distance and type.
(For example: "A 3.5' rear yard variance for an attached two
car garage.")
tom ate. ex✓� � a � 2 .
12. List specific reason(s) why the variance is being sought in
terms of:
exceptional narrowness, shallowness, size or shape of
property, or
13.
exceptional topographic conditions or other extraordinary
situation or condition of property, or
the use or development of property immediately adjacent
thereto
Knw tiLy ry
+10 b e ov Q. a 35 S c.t b AC,
fZve Lve boob�er�.
Additional comments, if any
fb Sou
L fir, Y ,,
o �N & 6a u S
Ne-
�o
JUN1998
pEP7. OF, PLANNINQI
paps 3 of S
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: LAP41,up,
NAME Address i i-1- w y n r I v
Z
Property ID# %sfi -�- 60
NAME �/Uri A-x� Address
Property ID#
NAME 3u U Address I ®( TY C, 9-
Property ID# % J`P 4�) -- SS
NAME L � L A,A Address 1 ` I �,f L�
Property ID# �JD - 4 5'I -
NAME , f Ill t < ress
Property ID# ' �' r I - If 0
NAME(A Lk'
`a-�}
Property ID# -j S A - 6
NAME r wb -R)o to .a-.- k
Property ID#
NAME
Property ID#
NAME
Property ID#
NAME
Property ID#
) 08 TvLep- C'0u�-
Address
Address
Address
Address
Address
2 i 14 U.) c,-k of f�> 0 -
Page S of S
AGREEMENT
VARIANCE #013—qq
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 (D 10 QQ
SIGNATURE OF OWNER
(if other than applicant)
-OFFICE USE ONLY -
DATE
BZA PUBLIC HEARING OF ACTION:
- DATE-
J APPROVAL SIGNED:
BZA fHAIRMAN
DENIAL DATE:
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.
,Jj'ee.- r. Y�c�.vt..`a� P/M-J--
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LOT 87
rrNCE - 74,840 SO. F7.
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REBAR
FOUND
371.74' TO P. C. ON
BRANO YL ION DRIVE
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RES/DENCE
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HOUSE L OCA 7, ON SULT' WY
ON
LOT 87
SECTION 'F-- 7 "
WAKELAND MANOR
DEED BOOK 641 PAGE 394
SHA MEE DIS7RICT
FPF0E- R1rA- rot) -Y VIRGPIIA
TYLER COUP T
50' R-O--W
�o
'THIS PLAT HAS BEEN PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT I DATE.. OCTOBER 22, 1993 SCALE.- 1 "=30' '
AND DOES NOT NECESSARILY INDICATE ALL ENCUMBRANCES ON THE PROPERTY.
OWNER: STANLEY PURCHASER: SMITH W.O. # 93546
FL 000 NO7F -
ZONE: C COMMUNITY NO: 510063 PANEL: 0200 B DA TE: 7-17- 78
ARCHITECTS
ENGINEERS
D= PLANNERS
& ASSOCIATES SURVEYORS
3078 SHAWNEE DRIVE 11350 RANDOM HILLS ROAD
P.O. BOY 2033 SUITE 750
WINCHESTER, VIRGINIA 22.601 FAREAX, VIRGINIA 22030
(703)667 -1103 (703)385-7414
TH OF �f
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N0. 001945
(, p _ZS_y3 O�
SURF'
COUNTY of FREDERICK
Department of Planning and Development
5401665-5651
FAX: 540/ 678-0682
INI JirifICAM Jl I Jr PUBLIC AEARI! IG
July 7, 1998
r
TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S)
RE: VARIANCE APPLICATION #013-98 OF JIMMY AND SHARON SMITH
On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public
hearing being held on Tuesday, July 21, 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 #013-98 of Jimmy and Sharon Smith for a 5.8-foot front yard setback variance for
an existing home. This property is located at 109 Tyler Court, and is identified with Property
Identification Number 7513-4171-87 the Shawnee 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 Department of Planning and Development located at
107 North Kent Street in Winchester, Virginia, or at the Handley Library.
Sincerely,
Michael T. Ruddy
Planner II
MTR/cc
107 North Kent Street • Winchester, Virginia 22601-5000
This is to certf that the attached correspondence was mailed to the following on
a r - 71 1077 from the Department of Planning and Development,
Frederick Coup
- - 75D • 4•F1. 90•
75D 2• E- 60- WAKELAND MANOR LAND TRUST
SLONAKER, LEONARD L. 300 CRAIG DR
216 WAKELAND DR STEPHENS CITY, VA. 22655.2367
STEPHENS CITY, VA. 22655.2332
75D • 2- E- 61•
75D - 4•F1. 86- PLOTT, WILLIAM S & NANCY R
JULIANO, JOSEPH J 1
& JACKI R ROGERS 214 WAKELAND DR
107 TYLER CT STEPHENS CITY, VA 22655.2332
STEPHENS CITY, VA 22655.2371 _
75D -4-F1. 87.
75D 4 F1 88- SMITH, JIMMY H JR & SHARON L
DUNCAN, ISAAC H & MARY LEE 109 TYLER CT
111 TYLER CT I STEPHENS CITY, VA 22655.2371
STEPHENS CITY, VA 22655.2371
75D -4•F1. 91
NIXON, MARK L & TERESA D
i
108 TYLER CT
STEPHENS CITY, VA. 22655.2371 1
t,G
Michael T. Ruddy/,'Planner II
Frederick County Planning Department
STATE OF VIRGINIA
COUNTY OF FREDERICK
I _ , a Notary Public in and for the State and County
aforesaid, do hereby certit Michael T. Ruddy, Planner II for the Department of Planning
g
and Development, whose name is signed to the foregoing, dated • -1 • 9_C9i , has
personally appeared before me and acknowledged the same it! my State and County aforesaid.
Given under my hand this day of ` . 19 1 5
My commission expires On-Rr [9.99
NOTARY PUBLIC
8K801PG 1 281E
hb THIS DEED made as of the 29t1i day of October , 1993, by
and between CURTIS N. STANLEY, II and TERESA C. STANLEY, husband
and wife (hereinafter referred to as "Grantor") and
JIhIMY II. SM1111, JR. and SIIARON L. SM1111, husband and wife
(hereinafter referred to as "Grantee.")
W I T N E S S E T H T H A T
,n
For and in consideration of the Sum of Ten�Dollars ($10.00)
in
and other good and valuable considerations, the receipt of which
N
is hereby acknowledged, Grantor does hereby Grant, Bargain, Sell,
and Convey with General Warranty and English Covenants of Title
unto Grantee as tenants by the entirety with the right of survivorship
as at common law.
o •H
o
o
all that certain lot or parcel of land, together with such im-
a,r-:
provements'and fixtures as are found thereon, located in Freder-.
I 0_
ick County, Virginia, and being more particularly described as
tea; N
follows (the "Property"):
o cn
All that certain lot or parcel of land, together
with the improvements thereon and the appurtenances
thereunto belonging, lying and being situate in
Shawnee (formerly Opequon) Magisterial District,
Frederick County, Virginia, designated as Lot No. 87
on the plat of Section F-1, WAKELAND MANOR, which
�plat;is recorded with the Deed of Dedication---of-said
'Section in the Office of the Clerk of the. Circuit
Court of Frederick County, Virginia, in Deed Book
641, Page 394.
AND BEING the same Property conveyed to Grantor by
Deed recorded among the aforesaid land records in
Deed"Book 754, Page 781.
SUBJECT TO all covenants, restrictions, easements, and
rights of way of record in the chain of title to the Property.
Grantor covenants that: Grantor has the right to convey the.
fee sim
'ple title of the Property to Grantee; Grantor has done no'
act to encumber the Property; Grantee shall have quiet possession
of the Property free from encumbrances;.Land Grantor will execute
such further assurances of the title as may be requisite.
1
AT93-9085/665265
BK 8 0 7 �'G 1 2 8 5
WITNESS the following signatures and seals:
_(SEAL-)
C—URTIS N. STANLEY, II V
JfAao- 5 FA
,t,L))
TERESA C. STANL JQ,
STATE OF
ICI=/COU TY''O
Oft
11AI) /d r to -wit:
The for
day 'of
going instrument was acknowledged before
1993, by Curtis
me
this
N. Stanley,
(SEAL)
MY commission
Notary
expires:
Public
STATE OF
two
e-l-TY/COUN
to -wit:
The fo ego ng inst rument was
da
acknowledged before
;me
this
y 0
ba, 1993, by
Teresa C. S t'a
6 ' (SEAL)
Notary Public
My commission expires: 9-
I
VIRGINIA: FREDERICK COUNTY, SCT.
This instrument of 't* prodijcei to me on the
and �'it of acknowlVd.-
wasadmitted to record. Tax iriipa*',�i�
of
C,9 and 58-54 have been pj,;J, if assessable.
,r.
CLERK
Mapping & Graphics
Work Request
.rederick 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: U V
3
it
"5
- PROJECT TRACKING -
DATE INTUALS
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:
StiP-Oh SinIA