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HomeMy WebLinkAbout06-00 Michael G Prelip Inc - Opequon - BackfileBOARD OF ZONING APPEALS Variance Request Tracking Sheet Date: S - 0 0 File opened Reference Manual updated/number assigned D-base updated /S elcolor location maps requested from GIS Two sets of labels requested from Data Processing File given to Renee' to update Application Action Summary 2,� MEETING DATE: - -oD FINAL ncTioAPPROVE 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OUT FILE: Approval (or denial) letter mailed to applicant/copy made for file File stamped "approved", "denied" or "withdrawn" %.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 File given to Renee' for final update to Application Action Summary A10,11 U:\Caro1\Common\ RACKING.BZA Revised 1112/98 CASH RECEIPT (' Date e,7 f=n 001823 a a Received From Address _____AA_ t Dollars$ af For _ zACCOUNT a �y (y AMT OF ACCOUNT HOW CASH AMT. PAID CHECK BALANCE DUE MONEY ORDER By f ttt I TO: I Finance Department COUNTY of FREDERICK Department of Planning and Development 5401665-5651 ]FAX: 540/ 678-0682 MEMORANDUM FROM: Karen A. Cain, Receptionist/Office Assistant II SUBJECT: Return Of Sign Deposit DATE: June 27, 2000 The amount of $50.00 was deposited in line item #10-911-08 for the company named below as a deposit for a sign for Variance Application #06-00. 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: RSA/kac (PIA/400 Mr. Michael G. Prelip, Inc. 510 Valley View Drive Winchester, Virginia 22603 107 North Kent Street - Winchester, Virginia 22601-5000 I June 26, 2000 Mr. Michael G. Prelip MICHAEL G. PRELIP, INC. 510 Valley View Drive Winchester, VA 22603 F 'APT � L F_. C COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 RE: VARIANCE #06-00 OF MICHAEL G. PRELIP, INC. Property Identification Number 86E-2-2-19 Dear Mr. Prelip: This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their meeting on June 20, 2000. The Board of Zoning Appeals approved your request for a six-inch, front yard setback variance for an attached two -car garage. If you have any questions regarding these actions, please feel free to call this office. Sincerely, Amy M. Lohr Planner II AML/ch cc: Building Inspections 107 North Kent Street • Winchester, Virginia 22601-5000 Page 1 of 1 VARIANCE # 06-00 Michael G. Prelip, Inc. Page 1 of 1 BZA REVIEW DATE: 06/20/00 VARIANCE #06-00 MICHAEL G. PRELIP, INC. LOCATION: This property is located at 126 Trunk Lane. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 86E-2-2-19 PROPERTY ZONING & USE: Zoned RP (Residential Performance) District; Land use - Residential ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) and RP (Residential Performance); Uses: Residential VARIANCE: A six-inch, front yard setback variance for an attached two -car garage. REASON FOR VARIANCE: A mistake was made in installing the foundation. STAFF COMMENTS: Within the RP (Residential Performance) Zoning District, the minimum front yard setback for a principal structure is 35 feet. The existing single family dwelling includes an attached garage which was constructed 34.6 feet from the front property line. Therefore, the applicant is requesting a six- inch front yard variance to accommodate the existing garage. The subject property, of approximately 1/4 acre in area, is not affected by any extraordinary features that would preclude conformance with all applicable setback standards. This parcel is representative of most lots found within the Woodside Estates II development. The developer obtained zoning approval for a building permit on January 25, 2000 to construct the dwelling on the property. The structure, including garage, was approved to be located 36 feet from the front property line. A house location survey is required for primary structures which are to be located five feet or less from any minimum setback requirement. The necessary surveys were performed by Marsh and Legge on February 1, 2000 to establish the location of the footings. At this time, a front setback of 36 feet Michael G. Prelip, Inc. Variance Page 2 June 12, 2000 was established. Subsequent to establishing the setbacks, the location of the garage was revised. This revision to the footings was not verified by an additional survey. The mid -construction survey was prepared immediately prior to obtaining a certificate of occupancy for the house. The applicant has stated that a mistake occurred during the placement of the foundation, resulting in the six-inch encroachment. Upon discovery of this error, the developer applied for a variance. 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 submitted variance does not meet the requirement set forth by the Code of Virginia. Errors made during the development process are not sufficient justification for a variance to the requirements set forth in the Zoning Ordinance. Furthermore, an attached garage is not essential to the utilization of this property for residential purposes. OA\Agendas\BZA\Staff Report\Prel i p. VAR.wpd ,� �; • �. � �� � // f e i4� 4S was >, 141 q ail r i\■i■■■■i� G ►Mi■i■if.■ ■ir, ■go& [i■bm ON 1 • E RECEIVED Page 1 of 5 APPLICATION FOR VARIANCE MAY 2 ' 2000 IN THE COUNTY OF FREDERICK, VIRGINIA DEPT, OF PLAN NING/DEVELOPMENT 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: %� � /AFL C;-' l`--'2 c z iP :Z�,_ NAME : ADDRESS j 6 5Z c- ADDRESS: TELEPHONE: .? 22 - iypn TELEPHONE 3. The property is located at (give exact directions and include State Route numbers): J7o u"blO- C: L v r, c 12G- i ��w,Iz c7�z. � r�i,c.�s y V4 4. The property has a road frontage of Cj4 ' feet and a depth of j7 3 feet and consists of qg,4D acres. (please be exact) 5. The property is owned by 4-// C A4q, , r , T2�2,,D i_ ,e as evidenced by deed from _ 7-E,�„ C,, recorded (previous owner) in deed book no. / on page -, 7 -1 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.: 96— -- Z-Z-/I 8. The existing zoning of the . property is: 9. The existing use of the property is: 1.gS j 10. Adjoining Property: USE ZONING North _QQTC'UJ 1 4,11r, Ce"tJ 1 East 2A , nA .,A-, l -b,�- South ems i f, a,t West —12J2 —%Ia ,wtinA a v✓w.� - 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.") A (0 i1 \/1q-✓L-D .J 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 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 S-t'��c� f �a 1-%v �o���' Address ! Z4 T,u.f1 I� Dry SJ-.e % C',ky iVa Property ID# t C - z ?- - I P NAME R v-e,"J-a- VV v-t � 1n4- Address 1 •Z e �-UAI l'(-- Property IN 9 6 rt _ Z - Z _ ZU NAME J"-J Address ?-I)(— D,(L Property ID# ; 6 Z - S% NAMECL ci�i V�/ , �ac_P�-► Address `? 7 l? ,•, - LICI-I-Q- Property ID# 8S - /4 " Address / 2 5 Property ID# Z NAME Property IN NAME Property ID# NAME Property ID# NAME Property IN NAME Property ID# Address Address Address Address Address Page 5 of 5 AGREEMENT VARIANCE # c! O 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 I`'' DATE (if other than applicant) BZA PUBLIC HEARING OF V APPROVAL DENIAL -OFFICE USE ONLY- ACTION: MENEM SIGNED• L_ —v,& U I r -e C �C ZA CHA N DATE: 6( z 0 t o o 69170-499 Oti9 XV3 `s IoXan In u ssto—Lss o*s Hxoxa �''I'd S P �'I , 00=, I -37VOS 000Z 9Z 4 M •31 VG V1N10t101 :UWOO X0183032U Zrssn 101WS10 7V1N31S/OM NOn03W 531 b'1 S3 30/S000111 11lNOZI03S OZ -7 61 8l S107 00 F'-1 3 „£S, 04:19 S 789,01 - 1 .9,0 U I 2 W O �u 8'9F ti As ^ W '------------- m 2 O m 7N9,01 m �5 ,00£dl 7,YS , 01 ,S 6F � I 2 uj O) �) F; c ? v Lj , I Qi 7&9 , 01 00£Ll M „£S,061S N W ,Ol 6'l4 1 9'4£ -- 1 00 = I O m O� OO -- I- I N� m i2 m I 3 O 0 Qo N O o^ a = k N �O m ImW 1 Cei 0 00 f Zl M „FS,OY.IS N _. ` I GK919i.' 057�F THIS DEED, made this .2S clay of L998, by and between JENI COMPANY, a Virginia corporation, of he one part, hereinafter called the Grantor, and MICHAEL G. , a Virginia Corporation, of the other rt,,hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of 'en Dollars ($10.00), cash in hand paid and other valuable !onsideration, receipt whereof is hereby acknowledged, the 1rantor does grant and convey, with General Warranty and with nglish Covenants of Title, unto the Grantee, in fee simple, ogether with all rights, rights of way, privileges and ppurtenances thereto belonging, all that certain lot or parcel f land lying and being situate in Opequon Magisterial District, rederick County, Virginia, designated as Lot 19, Woodside states II, as shown on the Final Plat of Woodside Estates II Lated June 26, 1997, drawn by'P. Duane Brown, Land Surveyor, and •ecorded in the Office of the Clerk of the Circuit Court of ederick County, Virginia, in Deed Book 898 at Page 1532, et q., and being a portion of the same'property acquired by the antor herein by deed from Joel 0. Stowe, et ux, dated May 4, 994 and recorded in the aforesaid Clerk's Office in Deed Book 18 at page 1770, and subsequently adjusted by boundary line ustment dated March 27, 1997 and recorded in the aforesaid erk's Office in Deed Book 879, at Page 1024. Reference is hereby made to the aforesaid instruments for a re particular description of the property herein conveyed. This conveyance is made subject to all easements, rights of'. ay and restrictions of record affecting the subject property nd, in particular, to those certain restrictions, covenants.and HARRISON R JOHNSTON ATTORNEYS AT LAW WINCHESTER, VIRGINIA itions contained in the Deed of Dedication of Woodside 3states II dated February 26, 1998 and recorded in the aforesaid lerk's Office in Deed Book 898 at Page 1532, which strictions, covenants and conditions are incorporated herein referenc6 as if set out in full. The execution of this deed has been duly authorized by the irectors of the Grantor corporation, and nothing in the rporation Charter or By -'laws reserves the power unto the Stockholders to convey a part of the corporate real property. WITNESS the following signature and seal: JENI CU ANY A Vi gin' Corporation BY %') 4fitr (SEAL) Tisinger, lice President STATE OF VIRGINIA, AT LARGE, :ITY OF WINCHESTER, To -wit: The foregoing instrument was acknowledged before me this day of October, 1998, by Billy J. Tisinger, as lice President of Jeni Company, a Virginia corporation, on behalf of said corporation. My commission expires Decem�er 31, 2000. otary Public Im MUM, FREDMICK COUNTY. SIX This Instrument of wrl In was odud t me on the .-0 day of Instrument of and with certificate of acknowledgment thereto annexed was adftiltted to record. To Imposed by Sec. §8.1-802 of and 68.1.801' have been paid, if assessable. "ta—r-V. Clerk HARRISON 6 JOHNSTON ATTORNEYS AT LAW - 2 WINCHESTER, VIRGINIA /fi EPH©N£� AGED NT" 1 / TER :NT a O 1 M C Lr f. IRF S J879 07" W 80. 00' A/ /r- / I )l r-- Id/ )A/ir\/ TA d — ^ 1 A /1 IWF N 38'19'07" E 80.00' IRF S 38'19'07" W 80.00' TRUNK DRIVE 54 ' R/W lRF N 3879'07" E lRF t 180' TO INTX S 38'19 07" W OF TWIG COURT 5 wo V) zz�� Q0cDcn �aLo Lo z o CD U x c0 County of Frederick Winchester VA 22601 LIEN AGENT: CAMERON TITLE, LLC 122 S CAMERON STREET WINCHESTER, VA 22601 OWNER NAME/ADDRESS PRELIP, MICHAEL G. INC. 510 Valley View Drive Winchester, VA 22603 PHONE: 5407222200 Building Permit 540-667-6333 SITE ADDRESS Trunk Drive Woodside Estates, Lot 19, Section 2 00000 PERMIT NUMBER: USBC: APPLICATION DATE: ISSUANCE DATE: RENEWAL DATE: DATE: CONTRACTOR NAME/ADRESS Prelip, Michael G. Inc. 510 Valley View Drive Winchester, Virginia 22603 PHONE: 540 722 2200 0000094 - 2000 1996 1/18/2000 a_I -W 1/18/2000 DESCRIPTION OF CONSTRUCTION LOCATION TAX MAP NO.: 86E 2 2 19 LOT: 19 BLOCK: SECTION: 2 BLDG NO.: ------------------------------------------------------------------------------------------------------------------------ SET-BACKS: 3 'j iy�7 HEALTH PERMIT NO.: DISTRICT: OPEQUON FRONT: 36: OBACK: 39: to FLOODPLAIN: SUB -DIVISION: WOODSIDE ESTATES RIGHT: 12 LEFT: 25 AREA: Fredericktowne ZONE: Residential Performance CNTR : FRTGE: RIGHT-OF-WAY: S/E CUP NO.: SITE PLAN: DIRECTIONS TO SITE: Take 277 East to Double Church Road make a right into second entrance of Woodside Estates will be on Trunk Drive Master Plan #98-4 Page 278 A-3 USE GROUP: Use Group "R" Residential USE CODE: Single Family Dwelling SQ FEET: 2238 CNST.TYPE: New NATURE/WRK: Single Family Dwelling Building Permit Bldg. Size 44 X 48 Basement NO Crawlspace YES Const. FRAME Truss Roof YES Conv. Roof NO Floor Jois 2 X 10 Floor Cov. CARPET/VINYL Exterior W 2 X 4 Covering VINYL SIDING Interior W 2 X 4 Covering DRYWALL # Stories 2 # Bedrooms 4 # Bathroom 2.5 Total* Rms 14 Occup Load Mech. Lien YES Note GARAGE 20X20; COVERED Note PORCH 6X10 Note Note Note ` ------------------------------------------------------------------------------------------------------------------------ JOB VALUE: 110,000.00 ---------------------------------------------------------------------------t PERMIT FEE: 231.66 ! I hereby agree to comply with all provisions of the Virginia ! Surcharge 2.32 ! Uniform Statewide Building Code and the Zoning & Subdivision ! Ordinances as adopted by the County of Frederick. ! ! ! ! CABO 1 & 2 FAMILY DWELLING CODE or BOCA NATIONAL BUILDING CODE ! ! ! SURVEY STANDARDS REQUIRED? YES NO INITIAL: —A ! ! DETAILED SITE PLAN REQUIRED? YES N® INITIAL -_�(O ! TOTAL FEES: 233.98 ! ! !------------------------------------------------ t--------------------------� UI r ST NATS 4—Lit I Applic t Mature) Bui�di f�ff�;iAi Zoning/ZATE ministr tor DATE DATE —(f� Ar+nrC_� 0E7wJJ1_=zt__, Applicant (please print) County of Frederick Winchester VA 22601 LIEN AGENT: OWNER NAME/ADDRESS PRELIP, MICHAEL G. INC. 510 Valley View Drive Winchester, VA 22603 PHONE: 5407222200 Setback Report SITE ADDRESS Trunk Drive Woodside Estates, Lot 19, Section 2 00000 PERMIT NUMBER: USBC: APPLICATION DATE: ISSUANCE DATE: RENEWAL DATE: DATE: CONTRACTOR NAME/ADRESS OWNER PHONE: 0000094 - 2000 1996 1/18/2000 1/26/2000 DESCRIPTION OF CONSTRUCTION LOCATION TAX MAP NO.: 86E 2 2 19 LOT: 19 BLOCK: SECTION: 2 BLDG NO.: ------------------------------------------------------------------------------------------------------------------------ SET-BACKS: HEALTH PERMIT NO.: DISTRICT: OPEQUON FRONT: 36' BACK: 39' FLOODPLAIN: SUBDIVISION: WOODSIDE ESTATES RIGHT: 12' LEFT: 25' AREA: Fredericktowne ZONE: Residential Performance CNTR : FRTGE: RIGHT-OF-WAY: S/E CUP NO.: SITE PLAN: DIRECTIONS TO SITE: Take 277 East to Double Church Road make a right into second entrance of Woodside Estates will be on Trunk Drive Master Plan #98-4 Page 278 A-3 USE GROUP: Use Group "R" Residential USE CODE: Single Family Dwelling SQ FEET: CNST.TYPE: New NATURE/WRK: Single Family Dwelling ----------------------------------------------------------------------------------------------------------------------- Setback Report * MIN SETBACKS * FRONT 35' * REAR 25' * RIGHT 10' * LEFT 10' ! i ! i ! i JOB VALUE: PERMIT FEE: TOTAL FEES: -------------------------------------------------------------------------- ! SURVEYOR INFORMATION ! NAME: �yf Lr('r6 FRONT:.3%•0� BACK: ! DATE OF SURVEY: QD RIGHT:/,U' LEFT: 18.3� SEAL ! PrN !---- 0-------------- -l-re� �'-5t�----tcYv�'„"`'� - ---- ---- EQUIRENIC£.INO S lgND SUI�V�,��� .�C COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 lICAIFIC4-VI PUBLIC June 6, 2000 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE APPLICATION #06-00 OF MICHAEL G. PRELIP, INC. On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, June 20, 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 #06-00 of Michael G. Prelip, Inc. requesting a six-inch front yard setback variance for an attached two -car garage. This property is located at 126 Trunk Drive and is identified with Property Identification Number 86E-2-2-19 in the Opequon 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 O:\Agend as\BZAW DJOINER\MikePrel ipInc.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 t This is to certify that the attached correspondence was mailed to the following on: 00 0 from the Department of Planning and Development, Frederick unty, Virginia: -- - _ _ _ _ ! 86E..2.,2. 86E 2- 2- 18- PRELIP, MICHAEL G ENTERPRISES INC. CORBIT, STEVEN & KATHRYN j 1052. MARTINSBURG PIKE 124 TRUNK DR I WINCHESTER, VA - 22603 STEPHENS CITY, VA 22665 1 — — - — - 85 - A- - 140- 86E - 2- 2- 20. RACEY, CHARLES W. WRIGHT, BRENDA L 387 EWINGS LN 128 TRUNK DR STEPHENS CITY, VA. 22655.5307 STEPHENS CITY, VA 22655 i Michael T. Ruddy, Zoning AAnistrator Frederick County Planni g Department STATE OF VIRGINIA COUNTY OF FREDERICK I, Lm l tm tAC4 11 , a Notary Public in and for the State and County aforesaid, do hereby certify that Michael T. Ruddy, Zoning Administrator for the De artment 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 (ofh-day of & n (, ,-�r—co , My commission expires on Rc�cl a4 CDDD' 3 NOTARY PUBLIC TO: Barbara in Dat Processing FROM: Planning DepaWent Please print sets of labels by: THANK YOU!! Page 3of5 • flu �, �a6-� 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 p the sides, rear and in front of (across street from) the subject necessary.) These people will be notifd by mail of this application: roe p (Use additional pages if Sfieve+n `• Kot4,rr,� NAME�y►�-^'L,' L Address_ 1 Zy_--- Property ID# _ - %%- Z - 7 - Q S e-�° %- s �y Va NAME—j�J��Y,�IAV ►- � 111- Address Property ID# 811 /' - Z - Z - ZO NAME ► (' _L� n, r 1 i'_ Address ��GI /� hSY)1/Y c p,l� Property ID#'( NAME �Ae �- W .Lkv �a�. Address -Joe, L a-- aa6-c)3 l' , n_ Property ID# A,;- - 14 - / NAME Ivi, -.-ID�p 1 Address 1051 -—,bAlla dD122 Property ID# 91, -7 - 7- NAME, ` Address Property ID# f NAME PopAddress Property ID# NAME Address Property ID# NAME Property ID# NAME Property ID# Address Address