HomeMy WebLinkAbout05-00 Alice Stendeback - Stonewall - BackfileDate:
BOARD OF ZONING APPEALS
Variance Request Tracking Sheet
File opened
Reference Manual updated/number assigned
D-base updated
IV location maps requested from GIS
Two sets of labels requested from Data Processing
� File given to Renee' to update Application Action Summary
MEETING DATE: Q FINAL ACTION:'dW
IW t
CLOSE OUT FILE:
Approval (or denial) letter mailed to applicant/copy made for file
File stamped "approved", "denied" or "withdrawn"
,/ Reference Manual updated
D-base updated
%• a0• CV File given to Renee' for final update to Application Action Summary
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Adrian & Vondy, P.L.C.
ATTORNEYS AT LAW
125 West Boscawen Street
Winchester, Virginia 22601
P. Kay Adrian
Frederick S. Vondy*
* Also admitted in Md. & W.Va
November 27, 2000
Mr. Eric Lawrence
Zoning Administrator, Frederick County
107 N. Kent Street
Winchester, Va. 22601
Dear Mr. Lawrence:
Office: (540) 667-8735
Facsimile: (540) 667-8128
Enclosed you will find copies of a Final Plat for a Boundary
Line Adjustment between parcels identified on the Tax Maps of
Frederick County as Nos. 32-A-76 and 32-A-77.
For your information, it is our intention to record a Deed
conveying Randall Terry Lee's property to Randall Terry Lee and
Sandra A. Lee immediately prior to this instrument; hence, Mrs. Lee
has been included on the material.
Any effort to expedite this approval would be appreciated,
insofar as an outside lender is involved. If you have any
questions, please feel free to call.
o s truly, „ /
Fr derick S. Vondy
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COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 678-0682
July 19, 2000
Ms. Alice Stendeback
2230 Welltown Road
Winchester, VA 22603
RE: VARIANCE #05-00 of Alice L. Stendeback
Property Identification Number 32-A-77
Dear Ms. Stendeback:
This letter is to confirm that the above -referenced variance application was approved with conditions
by the Board of Zoning Appeals at their meeting on July 18, 2000. The two conditions are:
1.) - That a boundary line adjustment with Mr. Terry Lee's property is executed and duly
recorded in the Frederick County Circuit Court; and
2.) The existing right-of-way over the adjacent property belonging to Manuel and
Mercedes Benitez be vacated.
If you have any further questions regarding these actions, please feel free to call this office.
Sincerely,
9
Michael T. Ruddy
Zoning Administrator
MTR/ch
A:\13ZAXAPPR—DEN.LTR\Stendeback.wpd
COUNTY of FREDERICE
Department of Planning and Development
540/665-5651
! FAX- 544l673,•0682
MEMORANDUM
TO:. Finance Departmentl�l
FROM: Karen A. Cain, Office Assistant R
SUBJECT: Return Of Sign Deposit
DATE: July 27, 2000
The amount of $50.00 was deposited in line item #10-1911-08 for the person named below as a
deposit for a sign for Variance Application #05-00. 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 $50.00 to:
Ms. Alice Stendeback
2230 Welltown Road
Winchester, VA 22603
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0 0 FILE tort
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 678-0682
July 19, 2000
Ms. Alice Stendeback
2230 Welltown Road
Winchester, VA 22603
RE: VARIANCE #05-00 of Alice L. Stendeback
Property Identification Number 32-A-77
Dear Ms. Stendeback:
This letter is to confirm that the above -referenced variance application was approved with conditions
by the Board of Zoning Appeals at their meeting on July 18, 2000. The two conditions are:
1.) That a boundary line adjustment with Mr. Terry Lee's property is executed and duly
recorded in the Frederick County Circuit Court; and
2.) The existing right-of-way over the adjacent property belonging to Manuel and
Mercedes Benitez be vacated.
If you have any further questions regarding these actions, please feel free to call this office.
Sincerely,
Michael T. Ruddy
Zoning Administrator
MTR/ch
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BZA REVIEW DATE: 07/18/00
VARIANCE #05-00
ALICE STENDEBACK
LOCATION: The property is located at 2230 Welltown Road.
MAGISTERIAL DISTRICT:. Stonewall
PROPERTY ID NUMBER: 32-A-77
PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Residential
ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas); Uses: Residential and
Vacant
VARIANCE: The applicant is requesting a 3.92-acre variance to the minimum lot size requirement in
a rural area. This would enable a boundary line adjustment between two parcels.
REASON FOR VARIANCE: Exceptional narrowness, size and shape of lot; no use for back two
lots and no road access (land -locked- right of passage.)
STAFF COMMENTS: In the RA (Rural Areas) Zoning District, the minimum lot size for a new
traditional lot is 5.6 acres. The applicant proposes to perform a boundary line adjustment whereby
4.173 acres of her 5.253-acre parcel will be sold to an adjoining land owner, leaving a 1.08-acre parent
parcel. Due to the five -acre minimum lot size, a variance of 3.92 acres is being requested.
The subject parcel is of usual shape. The nine -sided lot narrows to less than 10 feet at one point,
creating a triangular -shaped area which contains the single family dwelling. It is the triangular portion
consisting of 1.08 acres that the applicant wishes to retain.
The parcels surrounding the subject property range in size from approximately 1.5 acres to over 5.0
acres. Although the proposed boundary line adjustment does not adversely affect adjoining property
owners, no hardship is evident. The current configuration of the lot, albeit unsual, does not present a
hardship to the owner. The inability to reduce the size of the parcel does not prevent the reasonable
use of the land for residential purposes.
Alice Stendeback Variance
Page 2
July 10, 2000
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. Indeed,
the subject property, is of unsual shape. However, a strict application of the requirements of the zoning
ordinance does not produce a hardship approaching confiscation of the property. As was previously
noted, the use of the parcel for residential uses is not compromised by the inability to perform the
desired boundary line adjustment.
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VARIANCE #05-00
Alice Stendeback
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PIN: 32—A-77
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Produced by Frederick County Planning and Development, 7-6-00
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.DIVISION OF LAND °?•
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of
EARL H. NICHOLSON k VIRGINIA D. NICHOLSON se ~
Stonewall District, Frederick County, Virginia
1" a 100Septsabar 29, 1990
JOHN HAPP�
0. 0, 393 - R 624
RA(RESIOENTIAL) i,�
RECEIVED
Page 1 of 5 APPLICATION FOR VARIANCE MAY 2 5 2000
IN THE
COUNTY OF FREDERICK, VIRGINIA
DEPT, OF PLAN NINGiDEVELOPMENT
MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT
1. The applicant is the owner other . (Check one)
2. APPLICANT: OCCUPANT: (if different)
NAME: A L# CE -S T'E/U DE' 1g/� C NAME:
ADDRESS 2230 Lt)E t,6 ! nlc�,k) ADDRESS
(,�)T0CFIEST E K . I/A 22.En3
TELEPHONE: TELEPHONE
3. The property is located at (give exact directions and include
State Route numbers):
5 O lk �t- ��-� r (l 5 k rA 2. C k tit • l0 lD I i n '> i 0 n-e 0. I I
4. The property has a road frontage of _33 %.Lo3 feet and a depth
of �a01 '' feet and consists of _5,Jt53 acres. (please be
exact)
5. The property is owned by �-k (e- L5 }
as evidenced by deed from , recorded
(previous o ner)
in deed book no. j on page n L4a() 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: Cjp�� .I
7. 14-Digit Property Identification No.: 3 2 A - % %
8. The existing zoning of the.property is: R A
9. The existing use of the property is:
10. Adjoining Property:
USE ZONING
North !) Upe I (i n G f A
Eastyn-C-O-n t R A_
South \J A.r Q-c
West �a.e.r 9A
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.")
l ®Vl � L?—
12. List specific reasons) why the variance is being soug t 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
Additional comments, if any.. , I — Jy
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:
A-rhe-'I
NAME (�ar U Address 4 a ( nc c' - ne-- VA
2pCo of -say I
Property ID# <:39 A ' 13 A
NAME ��,n � ����-�nn•e I•;� ��
Property ID#
Address IDS t C-L'-do-r- H, h M. C Itqs'4�ro6�I
V A OQ& �)4 - I632
NAMEL a 4 k-e Address A
Property ID# �, A '7 5"
NAME
Property ID# --I �Z A % to
NAME 1 �� YYIPa� c°.e.� e-S �e n If
Property 1# A Q A
Address j i D i C,ecl I4� t I ?Q- . t G lea,- b r-&6k,
VA1r��1 I(o31
a�
NAME Lp hei �- ! r��'1 d a ,,�)( f z Address �g y . 0�'d . , ( i ►1C, 1/A �
Property ID# , 3 0- A % -7 A
NAME- _)0a�� �le��'I�Ckt7 Address
Property ID# i � A
NAME-?) ca,81_ec.F Lor r i C' Nt k,-e,ni
Property ID# �' A 5$ 6
NAMES l)rr- I &es [.ern a-0,I,C
Property ID# , � S A 57 $K C.,
NAME
Property ID#
if qaS
Address P.O. A t ?C 11 a , eJtj" br-ye , l)xi,2aa�
0II2-
Address J114'7 Cpd ,- /- W RJ <C1.eArb6ot,
Address
Page 5 of 5
AGREEMENT
VARIANCE # 05W
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 J L't( t' /5-�- -2."ATE ' 5 h5 & 0
SIGNATURE OF OWNER
(if other than applicant)
BZA PUBLIC HEARING OF
APPROVAL
DATE
-OFFICE USE ONLY-
ACTION:
- DATE -
SIGNED: c �4 A�
B A CHAIRMAN
DENIAL DATE:
'+ _.ram
I
COUNTY of FREDERICK
Department of Planning and Development
5401665-5651
FAX: 540/ 678-0682
July 6, 2000
PI ifMC.PATICU1I Jr PUBLIC HEARING
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S)
RE: VARIANCE APPLICATION #05-00 OF ALICE STENDEBACK
On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public
hearing being held on Tuesday, July 18, 2000, 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 #05-00 of Alice Stendeback requesting a 3.92-acre variance to the minimum lot
size requirement in a rural area. This would enable a boundary line adjustment between two parcels.
This property is located at 2230 Welltown Road and is identified with Property Identification Number
32-A-77 in the Stonewall 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,
Michael T. Ruddy
Zoning Administrator
MTR/ch
C 9MyFi I es\Stendeback_var. wpd
107 North Kent Street - Winchester, Virginia 22601-5000
This is to certify that the attached correspondence was mailed to the following on:
7 ` c " from the Department of Planning and Development,
Frederick County, Virginia:
Alice Stendeback
2230 Welltown Road
Winchester, VA 22603
32-A-73A
Darryl & Carolyn L. Athey
421 Gray Avenue
Winchester, VA 22601
32-A-76
R. Terry Lee
1101 Cedar Hill Road
Clearbrook, VA 22624
32-A-78A
Edgar & Joan Riggleman
2332 Welltown Road
Winchester, VA 22603
33-A-58B
Bradley & Lorrie Aikens
P.O. Box 112
Clearbrook, VA 22624
32-A-74
John & Joanne Happ
1031 Cedar Hill Road
Clearbrook, VA 22624
32-A-75
Daniel & Sarah Affleck
315 Branner Avenue
Winchester, VA 22601
32-A-77A
Manuel & Mercedes Benitez
2270 Welltown Road
Winchester, VA 22603
32-A-77B
Robert & Brenda Swartz
2294 Welltown Road
Winchester, VA 22603
33-A-58C
Charles Lemaster
1147 Cedar Hill Road
Clearbrook, VA 22624
Michael T. Ruddy, Zoning Admi ' rator
Frederick County Planning D partment
STATE OF VIRGINIA
COUNTY OF FREDERICK
I, efftl Gn 1) H Q I 1 , a Notary Public in and for the State and County aforesaid,
do hereby certify that Michael T. Ruddy, Zoning Administrator for the Department of Planning and
Development, whose name is signed to the foregoing, dated 1 • (D • 00 , has personally
appeared before me and acknowledged the same in my State and County aforesaid.
Given under my hand this Im— day of _ u I U CO- ow
My commission expires on Q Qe) 0��3
NOTARY PUBLIC
JUL-06-00 10:17 AM Artz and Associates 5406679188 F'_01
0 •
Artz and Associates
Formerly Ebert & Associates
LAND SURVEYING LMD PLANNING DEVELOPMENT
35 W. 80SCAWEN STREET
WINCHESTER, VA. 22601-4740
TEL 540-667-3233 FAX 540-667-9188
TOLL FREE 1-800-755-7320
FACSIMILE TRANSMITTAL
T0: M; ke- eudcl� FROM: M i 1Ce
DATE: �-
FAX#: �78-aGS2
COMMENTS:
Y
JJR/be
12/1C/93
93-184
BK8IIr1;0420
THIS DEED made and dated this ?—day of December, 1993, by and
betwcen EDWIN R. SIMPSON and STEFFANIE D. SIMPSON, husband and wife,
parties of the first part, hereinafter referred to as Grantors, and CHARLES E.
STENDEBACK and ALICE L. STENDEBACK, husband and wife, parties of the second
part, hereinafter referred to as Grantees.
WITNESSETH: That for and in consideration of the sum of Ten Dollars
($10.00) and other good and valuable consideration, the receipt of all of which is hereby
acknowledged, the Grantors hereby grant and convey, with General Warranty and with
English Covenants of Title, unto the Grantees, in fee simple, as tenants by the entirety
with right of survivorship, as at common law, the following described real estate together
with the improvements thereon and the appurtenances thereunto belonging:
All of that certain tract or parcel of land, containing 5.253 acres,
more or less, fronting on the southeastern side of Route 661, in Stonewall
Magisterial District, Frederick County, Virginia, designated as Lot 1 on
that certain Division Survey dated September 29, 1990, by Thomas A.
Shockey, L.S., of record in the Clerk's Office of the Circuit Court of
Frederick County, Virginia, in Deed Book 751, at Page 1701; TOGETHER
WITH an easement and right of way over the southern corner of the
adjacent property now or formerly owned by Michael Lee Affleck, et uz,
as shown on the aforesaid plat, for the purpose of ingress and egress to and
from the southwestern and northeastern portions of the property hereby
conveyed; and being more particularly described on that certain plat and
survey of Charles S. Forsch, dated December 6, 1993, attached hereto and
by reference made a part hereof, and being the same property acquired by
the Grantors herein by doed from Earl M. Nicholson and Virginia D.
Nicholson, husband and wife, dated May 8, 1991, and recorded in the
aforesaid Clerk's Office in Deed Book 759, at Page 1439.
W7,3"
Reference is hem made to the aforesaid instruments and the attachments
and references therein contained for a further and more particular description of the
property hereby c(mveycd.
This conveyance is made subject to all easements, tights of way and
restrictions of record, if any, affecting the subject property.
WITNESS the following signatures and seals:
(SEAL)
Edwin R.Si w
SM D. Simpsod-1
STATE OF VIRGINIA, at Large
OF to -wit:
A.
-
The foregoing instrument was acknowledged before me by Edwin R.
Simpson and SwHanie D. Simpson, husband and wile, this _LV*y of December, 1993.
My Commission expires: 0 f,-
Nowy Public C-)
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