HomeMy WebLinkAbout24-98 Katherine B Casilear - Back Creek - BackfileVariance Request Tracking Sheet:
Board of zoning Appeals
Date:
g 10 File opened
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V, Two sets of labels requested from Data Processing
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MEETING DATE: q-15-9 S
CLOSE OUT FILE:
FINAL ACTION: .APPROVEb
Approval (or denial) letter mailed to applicant/copy made for file
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COUNTY of FREDERICK
Department of Planning and Development
J 540/665-5651
y173K� FAX: 540/ 678-0682
MEMORANDUM
TO: Finance Department
FROM: Karen A. Cain, Receptionist/Clerk Typist II`U
SUBJECT: Return Of Sign Deposit
DATE: October 6, 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 #024-98. 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. Constance Jean Casilear
P.O. Box 611
Winchester, VA 22604
107 North Kent Street • Winchester, Virginia 22601-5000
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Dear Z,)n ir. - Boa r:'.,
I havo bppn a long—time neighbor ofl the Cosilears.
Mrs. Casilear and her daughter, Connie discussed vrith me their
hope to enclose their patio, and make it for year—round use.
I did not; then, nor do I now have any negative feelings to—
warrI their idea.
I ieish to ex-oress Vie to the Board.
I am confic'ent the room will be very ri.oe.
SincArely Yours,
Oleta seal..
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COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/678-0682
September 18, 1998
Ms. Katherine B. Casilear
P.O. Box 611
Winchester, VA 22604
RE: VARIANCE #024-98 OF KATHERINE B. CASILEAR, P.I.N. 62A-3-1-3
Dear Ms. Casilear:
This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their
meeting of September 15, 1998.
Your Variance Application, #024-98, was approved as requested for a 6' 10" and 4' 10" rear yard
setback variance for the conversion of an existing concrete patio to a year-round attached room.
This property is located at 163 Stuart Drive, and is identified with Property Identification Number
62A-3-1-3 in the Back Creek Magisterial District.
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.
O: W Mdas\BZA W PPR_DEN. L1R\casileat. app
107 North Kent Street • Winchester, Virginia 22601-5000
BZA REVIEW DATE: 9/15/98
VARIANCE #024-98
KATHERINE B. CASILEAR
LOCATION: The property is located at 163 Stuart Drive.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBERS: 62A-3 -1-3
PROPERTY ZONING & USE: Zoned RP (Residential Performance) District; Land use -
Residential
ADJOINING PROPERTY ZONING & USE: Zoned RP (Residential Performance) District;
Land use - Residential
VARIANCE: A variance of a 6' 10" and 4' 10" rear yard setback variance for the conversion of an
existing concrete patio to a year-round attached room
REASON FOR VARIANCE: The existing concrete patio is 18' 2" and 20' 2" from property line;
zoning requires 25'.
STAFF COMMENTS: Within the RP (Residential Performance) Zoning District, the rear yard
setback for a principle structure is 25'. The applicants are proposing to construct an addition to the
existing residence that will place the principle structure 18' 2" from the rear property line. Thus
requiring a 6' 10" variance.
In this case, strict application of the zoning ordinance does not prohibit the use of the property. The
property is being used for residential purposes. Also, the size of the patio and addition has not been
provided. It may be feasible to construct a smaller addition to the rear of the house in conformance
with the setback requirements of the Zoning Ordinance. In addition, there may be sufficient space
elsewhere on the property to locate an addition to the house in conformance with the setback
requirements.
r
Katherine B. Casilear
Page 2
September 9, 1998
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 the
applicant has not demonstrated that a hardship exists that would significantly restrict the use of the
property.
STAFF RECOMMENDATION: Denial
O:\Agendas\BZA\COMMENTS\CASILEAR.BZA
0
Page I of 5 APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
1. The applicant is the owner other . (Check one)
2.
APPLICANT: OCCUPANT:
NAME : U hCr 1 &[ 6 , CQS 1 IQQ f NAME:
A1DnDRESS Q(� buy (c11 ADDRESS
I�f,t)C.65}I,d. M . '� �x'"'4
TELEPHONE : `-\ o --bb1- y L1 l�A �j TELEPHONE:
(if different)
3. The property is located at (give exact directions and include
State Route numbers):
') o STv.A2 DRY
iR Q-Y\ So o0oS VE Vk 7 C
EcyT6ZC-N�KZC\3EWR`1
\A c�k �S c3 r"� R � CH T - \ ba ST"� i:\ R-,T- QRR" V E
4. The property has a road frontage of Nfeet and a depth
of \V �S.y 3 feet and consists of \ acres. (please be
exact)
5. The property is owned by
as evidenced by deed from recorded
(previous ow er)
in deed book no. C�"'( on page ( 6 � of the deed
books of the Clerk of the Court for Frederick County. Attach
a copy of the deed.
u
Page 2 of 5''``
6. Magisterial District: Acla c
7. 14-Digit Property Identification No.: iQc�/� ` .3 ' 3
8. The existing zoning of the property is: P
9. The existing use of the property is: \� S ` aE ` (1)
10. Adjoining Property:
USE ZONING
North
East z- \ A
South NTNA�
West N T \ g �_ R
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.")
\o"
12. List specific reason(s) why the variance is
terms of:
-�- exceptional narrowness, shallowness, size
property, or
being sought in
or shape of
exceptional topographic conditions or other extr VC.
situation or condition of property, or
the use or development of property
thereto
immediately adj
i+\cJC— — PRE \ jz�� i5
—7,�c�,�
13. Additional comments, if an
papa 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:
NAMECj1� Address
Property ID# Wi ncka 6f ej Va ► o�G 6
NAME►JdL tJ nl i Address 1 CO f u & i O1 .
Vi/; rx lug 61 V, kh a� (�0 a
Property ID# (1' ,7 �- - 3 ' I - 1 Z.
Property ID# Q Z A' 1" 3 I t/
NAME .dam 6 "61PI) .60141
Property ID# (P 2114 - I - J3 • 17
I1—
Property ID#
NAME
Property ID#
NAME
Property ID#
NAME
Property ID#
NAME
Property ID#
NAME
Property ID#
Address I I I L� I U06 & ,
Address J O n .5tu t�lr f- D r
W i n ck. d 1l u, VCR - a 2(p U 2
Address
Address
Address
Address
Address
Address
•
•
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.
STUTA9T it2�VE
(�rA� FRAn1T� ov
\A v�S�
V
REAR
Page 5 of 5
AGREEMENT
VARIANCE # D
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 APPLIC �� l/�IY�L �, L� DATE
SIGNATURE OF OWNER
(if other than applicant)
-OFFICE USE ONLY-
BZA PUBLIC HEARING OF e 15 a ACTION:
- DATE -
DATE
APPROVAL SIGNED: ZLZ
BZA CHA
DENIAL DATE:
M
LJ
`# 1654
�W - D COMPANY, INC.
TO DEED
WILLIAMB. CASILEAR, LT UX
i
n
BOOK 301 PACE GW
THIS DEED made and dated this 'A, mf da ^%o J
y my .:: , 1964,
by and between W-D Company, Inc., a Virginia corporation, party of the
first part, and William B. Casilear and Katherine S. Casilear, his wife,
parties of the second part.
WI'TNESSETH: That for and in consideration of the sum of Ten
Dollars ($10.00) and other good and valuable consideration, the receipt of .
which is hereby acknowledged, the party of the first part does hereby bargain,
grant, sell and convey, with general warranty of title, unto the parties of
the second part, jointly, with common law right of survivorship, it being
i„
intended that the part of the one dying should then belong to the other, his or
her heirs or assigns, the following described property:
All that: certain improved lot of land designated as Lot No. 3,
Section 1, on the plat of Jackson Woods Estates, recorded in the Frederick
County Circuit Clerk's Office in Deed Book 291, at n e 142. This is a part
of the same land acquired by the party of the first part by deed dated December
19, 1963, from Fred L. Glaize, III, single, B. E. Bayliss, Jr. and Mary' L.-
Bayliss, his wife, and recorded in the aforesaid Clerk's Office in Deed Book
295, at page 452.
Reference is here made to the aforesaid deeds and plat and the
references therein contained for a further and more particular description
of the property hereby conveyed.
This conveyance is made subject to all duly recorded and enforce
able easements and rights of way and the following restrictions which shall
constitute covenant's real running with the land and bind not only the Grantees,
but their successors in title -
I. 'No building shall be located nearer to the front property line
of any lot or nearer to the side property lines of any corner lot than the
building set -back as shown on the recorded plat. No building shall be erected
on any lot within 10 feet of the side property lines. i
BOOK 301 Put 66
2. Nothing but a single private dwelling or residence designed
�,-----..:: ' _•..rye
for the occupancy of one family, shall be erected on any lot in this subdivision,
nor shall any lot be used for any purpose other than residential purposes.
3. No dwelling to be erected or maintained on any of said lots to
cost, when completed; less than $20, 000.00, not including the lot, or have
a ground floor space of less than 1250 square feet, exclusive of any portion
thereof used for a garage or for a porch. The foregoing provision as to
cost to be effective until December 31, 1967. Commencing on f anuary 1, 1
and each 5 year period thereafter, the cost of dwelling to be erected or
maintained shall be computed on the basis of BLS INDEX of cost of constru
either increased or decreased as the ratio of this index relates to that of
August 1, 1962.
4. No trailers or temporary buildings shall be erected or maintains+
on any lot in this Subdivision.
5. No horse, cow, hogs, goat, fowls or livestock shall be kept or
maintained on any of the lots in this Subdivision.
6. 'There shall be no dwelling erected thereon commonly known as
"prefabricated house". For the purpose of this restriction a prefabricated
house shall be deemed a structure 4070 or more of which is manufactured or
assembled into a substantially complete structural unit before erection or
installation as a part of the building.
II
Except as noted above, the Grantor covenants that it has the right
I to convey said property to the Grantees, that it has done no act to encumber
r
said property, that the Grantees shall have quiet possession of said property
free from all encumbrances, and that it will execute such further assurances
of said land as may be requisite.
II WITNESS the following signatures and seals;
Do% 30t mu 665
o��P�Nf
t
/pp4 III�N1�h.1
STA'I
Coun,
Statc
who.,
has
afor
i
COUNTY of FREDERICK
Department of Planning and Development
5401665-5651
FAX: 540/ 678-0682
INWIFICINtICANI OF PUBLIC VIMARING)
September 1, 1998
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S)
RE: VARIANCE APPLICATION #024-98 OF KATHERINE B. CASIL,EAR
On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public
hearing being held on Tuesday, September 15, 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 #024-98 submitted by Katherine B. Casilear for a 6' 10" and 4' 10" rear
yard setback variance for the conversion of an existing concrete patio to a year-round attached room.
This property is located at 163 Stuart Drive, and is identified with Property Identification Number
62A-3-1-3 in the Back Creek 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 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
Planner II
MTR/cc
0.\Agendas\BZA\ADJOINBR\CASILEAR.BZA
107 North Kent Street • Winchester, Virginia 22601-5000
• •
This , is to certify that the attached correspondence was mailed to the following on:
S, Sin ' l q from the Department of Planning and Development,
Frederick Cou ty, Virginia:
62A - 3. 1. 2- 62A - 3- 1. 3-
FREDERICK, RICHARD R & CATHERINE H CASILEAR, KATHERINE B
165 STUART DR PO BOX 611
WINCHESTER, VA 22602.5116 WINCHESTER,VA 22604.0611
62A - 3- 1. 12-
SMITH, BETTY M.
160 STUART DR
WINCHESTER, VA 22602.5115
62A - 1- 3- 16-
PROCK, DANIEL D.
111 STUART OR
WINCHESTER, VA 22602-5116
62A -1.3. 17-
SEAL, JAMES RANDOLPH
105 STUART DR
WINCHESTER, VA. 22602-5116
Michael T. Ruddy, Planner II
Frederick County Planning Department
STATE OF VIRGINIA
COUNTY OF FREDERICK
I,ffina Notary Public in and for the State and County aforesaid,
do hereby certify that Michael T. Ruddy, Pl II for h 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 I day of � m l� , 19 98
My commission expires on
NOTARY PUBLIC