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Home My WebLink About25-98 Gary & Dora Miller - Back Creek - Backfiler Variance Request Tracking Sheet: Board of Zoning Appeals Date: -Z4-gff File opened Z_ Reference Manual updated/number assigned j D-base updated 12 color location maps requested from GIS Two sets of labels requested from Data Processing 5- given to Renee' to update bi-monthly report MEETING DATE: FINAL ACTION: APPROVED CLOSE OUT FILE: Approval (or denial) letter mailed to applicant/copy made for file t/L File stamped "approved"/"denied" or "withdrawn" Reference Manual updated D-base updated 09 File given to Renee' for final update to bi-monthly report KAWP\CMN\CIG CR\TRACKING.BZA CASH l c RECEIPT Date 001372 LReceived From Address Dollars $ y� W rFor ACCOUiNT, HOW PAID ��— uj AMT. OF ACCOUNT CASH AMT. PAID CHECK- .. W BY BALANCE MONEY'�� DUE ORDER I September 18, 1998 Mr. and Mrs. Gary Miller P.O. Box 3785 Winchester, VA 22604 - FILE COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/678-0682 RE: VARIANCE #025-98 OF GARY AND DORA MILLER; P.I.N. 59-A-73A Dear Mr. and Mrs. Miller: 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, #025-98, has been approved as requested for a 60-foot side yard setback variance to place a mobile home adjacent to agricultural land. The property is located at 2732 Laurel Grove Road, and is identified by Property Identification Number 59-A-73A in the Back Creek Magisterial District. If you have any questions regarding this action, please feel free to call this office. Sincerely, 7 Michael T. Ruddy Planner H MTR/cc cc: Frederick County Inspections Dept. O: W Mdm\BZAW PPR_DEN.LTR\mMer.app 107 North Kent Street • Winchester, Virginia 22601-5000 BZA REVIEW DATE: 9/15/98 VARIANCE #025-98 GARY & DORA MILLER LOCATION: The property is located at 2732 Laurel Grove Road. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBERS: 59-A-73A PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Residential ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Residential, Agricultural and Hunt Club. VARIANCE: Request for a 60-foot side yard setback variance to place a mobile home adjacent to agricultural land. REASON FOR VARIANCE: Exceptional narrowness, shallowness, size or shape of property. STAFF COMMENTS: Within the RA (Rural Areas) Zoning District, the side yard setback (when adjacent to land used for agricultural purposes) is 100'. The applicant is proposing to place a residence 40' from the side property line, thus requiring the 60' variance. A mobile home was previously located on this property; however, its exact location with respect to the property lines was unknown. In addition, the new residential structure is approximately twice as large as the original mobile home. Staff is of the opinion that the requested side yard variance would be necessary to allow for the construction of a residence on the parcel. Strict application of the zoning ordinance would create an undue hardship and effectively prohibit the use of the property for residential purposes. This parcel was created prior to the implementation of increased setback requirements in the RA Zoning District. 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; b) that r V--" Ie C! -C) P 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 IIl SUBJECT: Return Of Sign Deposit lJ DATE: September 24, 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 #025-98. 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. Dora Miller 2732 Laurel Grove Winchester, VA 22602 107 North Kent Street - Winchester, Virginia 22601-5000 Miller Variance Page 2 September 8, 1998 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 RECOMMENDATION: Staff recommends approval of the side yard variance as requested, as an undue hardship does exist that is not shared generally by other properties in the vicinity. Furthermore, the authorization of this variance will not be of substantial detriment to adjacent property and will not change the character of the district. O:Wgendas\BZA\COMMENTS\MILLER.BZA 0 • 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: i' 07, i CM�' ADDRESS OCCUPANT: (if different) NAME: a ADDRESS: ,Q-7,�Q Cq(fix TELEPHONE: TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): eR� 4o 4—v 6 q l oV 0-, Ip�p aL�ke f Q o° b J 4. The property has a road frontage of 2 feet and consists of of I() q-q 5 feet and a depth �� acres. (please be exact) 5. The property is owned by as evidenced by deed from recorded (previ us owner) in deed book no. 9 U_) on page j,Q L/ 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:` 7. 14-Digit Property Identification No.: �/ -7.3 A 8. The existing zoning of the property is—. 9. The existing use of the property is 10. Adjoining Property: USE North East - South CX WestA- il. Describe the variance sought in terms of distance and type. (For example: "A 3.5' rear yard variance for an attached two car garage.") iadiaCAI� rL Co-� 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 13. Additional comments, if any l ^ ,GIs • • 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: NAME� 1'1 � YNC G �c�� 3"1 Address �- %� L, p 2 z L Giza Property ID# �� " A ^ —7 3 NA4E � Q V ��' � h Address A-) Property IN S-i - -A - -7 -7 NAME Address Property IN NAME j`� a�(.�n . 'f ~u v�2J� C �w1aa-- Address 2 —7 9 3 L.. a-t. -e t G✓r . C Property ID# —7Z NAME Property ID# NAME Property ID# Address Address NAME Address Property ID# NAME Address Property ID# NAME Property ID# NAME Property ID# Address Address BOOK 407 PAGE 643 ^iPC i ' '.'"i•� N38' 32'54" E 109.95' U` 20, !• r' O r: PLAT & SURVEY OF SAMMY AN DERSON'S LAND BACK CREEK MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINI A ps lob Z0 o o o z o 0 C/ t � •: is N _ (�1 ^� n Y L SCALE npi I� Q o :I"- SO' {` i.'ij AREA' 1,13 A RES s a ;, C) U QepP Y' NOTE. 1 CERTIFY THIS BOUNDARY SURVEY HAS BEEN A TRANSIT AND STEEL �.'Lsi; = TAPE 'SURVEY AND THAT THE tn ERROR OF TRAVERSE CLOSURE 0'� to IS I , 12,343f NOVEM BER 30, 1972 W Z N -� 5 36022'58"w 146.33' O MA ACIA • � : r^.'., •i? PIP[ CERTIFIED LAND SURVEYOR RICHARD W. ORNDOFF 2700 GALLOWS 'ROAD MARY K. ., ORNDOFF V I E N N A, V IRGINIA r' DEED BOOK I93 t PAa[aso 703-560-8993 V1RGtNtA FRTEDEMCK C=TTY, SCT. I This instrument of writing was produc ed to me on the zk'`h L, day of 19ZjS _• , at� And vTilh certificate f ack iowledgmen t_horeto anaa,31 ,lag adu,;ttc;i to record. Tax imposed oy Soc. 66-S4.1 )t a I , and S&S4 havo been peid, if a.so.s,biu. r Clerk. i 1 Page 5 of 5 AGREEMENT VARIANCE #Al v- - 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 SIGNATURE OF OWNER G�e�i DATE -U (if other than applicant) BZA PUBLIC HEARING OF -OFFICE USE ONLY- ACTION: - DATE - APPROVAL SIGNED: J--7� BZAtHAiRMAN DENIAL DATE: COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 iNWIFIC-AtICANI OF PUBLIC rIMARING September 1, 1998 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE APPLICATION #025-98 OF GARY AND DORA MILLER 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 #025-98 submitted by Gary and Dora Miller for a 60-foot side yard setback variance to place a mobile home adjacent to agricultural land. This property is located at 2732 Laurel Grove Road, and is identified by Property Identification Number 59-A-73A 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 O:\Agendas\BZA\AD]OINER\D_MILLER.BZA 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, rederick Co nty, Virginia: 59 - A- - 73-D ANDERSON, MARY A. & JOHN G. 27134 LAUREL GROVE RD WINCHESTER, VA. 22602-3221 59 - A- - 77- BIG HORN HUNT CLUB, INC. 361 BUFFLICK RD WINCHESTER,VA. 22602.4548 59 - A- - 72- DOLLY, JAMES C & SUSAN J 2793 LAUREL GROVE RD WINCHESTER, VA. 22602-3227 59-A-73A Miller, Gary & Dora 2732 Laurel Grove Road Winchester, VA 22602 Michael T. Ruddy,'Planner II Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK IJ ,r" T) ) I^11 fl M l i , a Notary Public in and for the State and County aforesaid, do hereby certify that Michael T. Ruddy, Plann II for 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 &&b 19 - My commission expires on Feioruavj a 8, 1 g q q -. NOTARY PUBLIC