HomeMy WebLinkAbout09-00 Tibow LLC Westside Station Lot 14 - Back Creek - Backfile.a►
BOARD
Variance
Date:
67-00 File opened
Reference Manual upaarea/numoer assignea
D-bas updated
i aFw
V eeler location maps requested from GIS
Two sets of labels requested from Data Processing
11 File given to Renee' to update Application Action Summary
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MEETING DATE: FINAL ACTIONS k yJ-'Aff
CLOSE OUT FILE:
Apprbval (or denial) letter mailed to applicant/copy made for file
File stamped "approved", "denied" or 'withdrawn"
Reference Manual updated
I/ D-base updated
• Q(� File given to Renee' for final update to Application Action Summary
U -\Carol\Common\TRACKING. BZA
Revised I1/2/98
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ORDER
COUNTY of FREDERICK
Department of Planning and. Development
544/ 665-565
FAQ:: 540/678 & 682
MEMORANDUM
TO: Finance Department
FROM: Karen A. Cain, Office Assistant 11
SUBJECT: Return Of Sign Deposit
DATE: July 27, 2000
The amount of $150.00 was deposited in line item #10-1911-08 for the person named below as a
deposit for a sign for Variance Applications 908-00, a[ 9=@0,& 10-00. They have now returned the
signs 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 $150.00 to:
Mr. Billy J. Tisinger
P.O. Box 809
Winchester, VA 22601
RSA/kac
XMI-111M
s • FILE COPY
COUNTY of FREDERICK
Department of Planning and Development
5401665-5651
FAX: 540/ 678-0682
July 19, 2000
Mr. B. J. Tisinger
TIBOW, L.L.C.
P.O. Box 809
Winchester, VA 22601
RE: VARIANCE #08-00, #09 and #10-00 of TIBOW, L.L.C.
Property Identification Numbers 53E-1-2-13, 14, & 15
Dear Mr. Tisinger:
This letter is to confirm that the above -referenced applications were acted upon by the Board of
Zoning Appeals at their meeting on July 18, 2000. The final actions were as follows:
Variance #08-00 requesting a five-foot front yard and five-foot back yard setback variance
to construct a single-family residence was denied by unanimous vote.
The portion of V ariance 409-00 requesting a five-foot front yard setback variance was denied,
4 and the five-foot back yard setback variance to construct a single-family residence was
approved by unanimous vote.
Variance #10-00 requesting a five-foot front yard and five-foot back yard setback variance
to construct a single-family residence was approved by unanimous vote.
If you have any questions regarding these actions, please feel free to call this office.
Sincerely,
Amy M. Lohr
Planner II
AML/ch
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O;W gendas\BZA\APPR_DEN. LTR\TibowLLC. wpd
107 North Kent Street • Winchester, Virginia 22661-5000
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BZA REVIEW DATE: 07/18/00
VARIANCE #09-00
TIBOW, L.L.C.
LOCATION: The property is located at Westside Station, Section 2 (Lot 14).
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 53E-1-2-14
PROPERTY ZONING & USE: Zoned RP (Residential Performance) District; Land use - Residential
(unoccupied)
ADJOINING PROPERTY ZONING & .USE: Zoned RP (Residential Performance); Uses:
Residential and Vacant
VARIANCE: The applicant is requesting a five-foot front yard and five-foot back yard setback variance
to construct a single-family residence.
REASON FOR VARIANCE: The odd configuration on this cul-de-sac lot and the shallowness of the
same does not allow for a proper building area that is in conformance with restrictive covenants (1,600
square feet on one story and 2,000 square feet on two story).
STAFF COMMENTS: Within the RP (Residential Performance) Zoning District, the minimum front
yard setback for a principal structure is 35 feet, while the minimum rear yard setback is 25 feet. The
applicant is requesting a five-foot front yard variance, as well as a five-foot rear yard variance to
construct a single family home.
The subject property is an 8,666 square foot lot which lies on a cul-de-sac at the terminus of Colin Court.
The parcel is bordered by a 50-foot storm sewer easement to the immediate north. Both parcels to the
east and west are currently vacant.
The proposed dwelling has a ground floor area of 1,380 square feet. Based upon the plat and the
proposed building footprint submitted with this application, it does not appear as though a front yard
variance is warranted, as the position of the house does not encroach into the front setback.
Encroachment into the rear,yard setback on this parcel is warranted due to the configuration of the lot.
Additionally, the 84-foot eastern property boundary limits the buildable area on this lot Given the storm
sewer easement to the rear of the property, an encroachment into this setback is more desirable than a
front yard encroachment.
•
Tibow, L.L.C.
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 one of the requested variances meets the aforementioned criteria. Indeed, the
lot configuration limits the buildable area on this parcel. However, front and rear yard variances totaling
ten feet are in excess of what is necessary to create a reasonable use for this parcel. A rear yard variance
is appropriate in this case.
O:\Agendas\BZA\Staff Report\Tibow_L0t14.VAR.wpd
R"CEIVED
Page 1 of 5 APPLICATION FOR VARIANCE JUN 2 3 2000
IN THE
COUNTY OF FREDERICK, VIRGIN�#T O'rLIMING/DEVELOPMENT
MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT
1. The applicant is the owner X other . (Check one)
2. APPLICANT: OCCUPANT: (if different)
NAME: Tibow, L.L.C. NAME: Vacant Property
ADDRESS P. 0. Box 809 ADDRESS:
Winchester, VA 22604
TELEPHONE: (540) 667-1266 TELEPHONE:
3. The property is located at (give exact directions and include
State Route numbers):
Go south on Merriman's Lane to Wayland Drive. Follow Wayland Drive to
Colin Drive. Turn left on Colin Drive to Colin Court. Then turn right.
The lots are located in the cul-de-sac. L o t
4. The property has a road frontage of 35.98 feet and a depth
of 120 feet and consists of 8666 square acres. (please be
exact) teet
5. The property is owned by Tibow, L.L.C., a Virginia Limited Liability Co.
as evidenced by deed from Hampton Enterprises recorded
(previous owner)
in deed book no. 879 on page 476 of the deed
books of the Clerk of the Court for Frederick County. Attach
a copy of the deed.
Page 2 of 5
J U N 2 3 2000
6. Magisterial District: Back Creek
U,
7. 14-Digit Property Identification No.: PIN 53E 1 2 14
8. The existing zoning of the property is.. Residential performance
9. The existing use of the property is:
10. Adjoining Property:
USE
North Residential
East Residential
South Residential
West Route 37
Vacant
Residential performance
Residential performance
Residential p rfermance
Highway
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.")
(1) From a 35 BRL to a 30 foot BRL in front of lot
(2) From a 25 foot BRL to a 20 foot BRL in back of lot
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
The odd configuration on this cul-de-sac lot and the shallowness of
the same does not allow for a proper building area that is in conformance
with restrictive covenants (1600 square feet on one story; 2000 square feet
on two story)
13. Additional comments, if any
See location map attached as Exhibit A
See Marsh & Legge plat showing revised front and rear building
restriction lines on Lots 13, 14 & 15 Westside Station, Section 2-Exhibit B
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 Michael G. Prelip Enterprises, Inc. Address 1052 Martinsburg Pike
Winchester, VA 22603
Property ID#
53E 1 2 16
Richards, Charles H.; TII &
NAME A1g�ia F, Pk; chards Address 427 Westside Station Drive
Winchester,Virginia 22601
Property ID# 53E 1 2 22B
NAME Elliott, Gregory S.and Address 303 Colin Court
Martha S. Elliott Winchester, Virginia 22601
Property ID# 5 3 E 1 2 12
NAME Tibow, L.L.C.
Property ID# 5 3 E 1 2 17
Address P . 0. Box 809
Winchester, VA 22604
NAME Tibow, L.T.- C_, Address P . 0. Box 809
Winchester, VA 22604
Property IN 5 3 E 1 2 13
NAME Tibow, L.L.C.
Property ID# 5 3 E 4 2 14
NAME Tibow, L.L.C.
Property ID# 53E J 2 15
THERE IS NO WESTSIDE STATION
NAME PROPERTY OWNERS ASSOCIATION.
Property ID#
NAME
Property ID#
NAME
Property ID#
Address P.O.Box 809
Winchester, VA 22604
Address P . O . Box 809
Winchester, VA 22604
Address
Address
Address
0
Page 5 of 5
AGREEMENT
VARIANCE #_+ 0
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
(if other than applicant)
-OFFICE USE ONLY-
DATE
BZA PUBLIC HEARING OF ACTION:
- DATE -
APPROVAL SIGNED:-
IlA CHAIRMAN
DENIAL DATE:
•
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LOT 12 ad, EX• 35 B
ZONED: RP 1 6 ,
USE: RESIDENTIAL ,33. L,3
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COLIN COURT
46'
o' PROPOSED
I DWELLING
MINIMUM SETBACK REQUIREMENTS•
FRONT = 35' (UNLESS OTHERWISE NOTED)
REAR = 25' (UNLESS OTHERWISE NOTED)
SIDE = 10'
NOTES:
1. NO TITLE REPORT FURNISHED.
2. EASEMENTS MAY EXIST THAT ARE NOT SHOWN
ON THIS PLAT.
3. FINAL PLAT OF SUBDIVISION IS RECORDED
IN DEED BOOK 672 AT PAGE 184.
PLAT SHOWING
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35.24' 10' BRL 81.64'
I87754'34"E N89'55'36"W
LOT 16
ZONED: RP USE: RESIDENTIAL
REVISED FRONT AND REAR BUILDING RESTRICTION LINES
ON
LOT 13, LOT 14 and LOT 15
WESTSIDE STATION — SECTION 2
BACK CREEK MAGWER/AL DISTRICT
FREDERICK COUNTY, VIRGINM
DATE.• 16 JUNE 2000 I SCALE- 1 "=40' I SHEET 1 OF 1
Marsh & Legge Land Surveyors, P.L.0
560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601
PHONE (540) 667-0468 - FAX (540) 667-0469 - EMAIL mlls®shentel.ne
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DRAWN BY: HH
DWG NAME: ID 1650
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HARRISON & JOHNSTON
ATTORNEYS AT LAW
WINCHESTER, VIRGINIA
L+ ,
THIS DEED, made this �h' day of May, 1997, by and
between HAMPTON ENTERPRISES, a West Virginia partnership, of
the one part, hereinafter called the Grantor, and TIBOW,
L.L.C., a Virginia limited liability company, of the other
part, hereinafter called the Grantee.
WITNESSETH: That for and in consideration of the sum of
Ten Dollars ($10.00), cash in hand paid and other valuable
consideration, receipt whereof is hereby acknowledged, the
Grantor does grant and convey, with General Warranty and with
English Covenants of Title, unto the Grantee, in fee simple,
all of those certain lots or parcels of land located in Back
Creek Magisterial District, Frederick County, Virginia, and
described as Lots 4, 13, 14, 15, 16, 17, 19 and 20, Westside
Station, Section 2, as the same are duly dedicated, platted
and recorded with the Deed of Dedication dated February 1,
1988, in the Office of the Clerk of the Circuit Court of
Frederick County, Virginia, in Deed Book 672 at Page 173, and
being a portion of the same property acquired by the Grantor
herein by deed from Revelstoke, L.C., a Virginia limited
liability company, et al, dated April 6, 1993 and recorded in
the aforesaid Clerk's Office in Deed Book 795 at Page 38.
Reference is hereby made to the aforesaid instruments for
a more particular description of the property herein conveyed.
This conveyance is made subject to all easements, rights
of way and restrictions of record affecting the subject
property.
The Grantor does hereby covenant that it has the right to
convey to the Grantee; that the Grantee shall have quiet and
peaceable possession of the said property, free from all liens
•
•
M
HARRISON & JOHNSTON
ATTORNEYS AT LAW
WINCHESTER, VIRGINIA
and encumbrances; and that it will grant such further
assurances of title as may be requisite.
WITNESS the following signatures and seals:
HAMPTON ENTERPRISES
By (SEAL)
Deep �nder Sin Partner
BY \� kAk— (SEAL)
u, Partner
STATE OF VIRGINIA AT LARGE
CITY OF WINCHESTER, To -wit:
The foregoing instrument was acknowledged before me this
lj4- day of May, 1997, by Deepinder Singh and Harinder
Sidhu, who are Partners of Hampton Enterprises, a West
Virginia partnership, on behalf of said partnership.
f
My commission expires / y�LI�J/'h 2�, 9y�
Notary Public
Cj
VIRGINIA. FREDERICK COUNTY, SCT.
Thl_ natrument of writing was roduced to me on the
C day of 9 atan with certiflcat :�4
nowlgd ment thereto o,,: axed
wea ad IEted to recorx Impoaaq by Sec �� � �0? Af
���irc,td 98.1-001 hays plan paid. If sa4W4ajA0IQ
`��a�,i►�a5� r+/ }L1�i�'f. "�?�+Ji��� . ��ii%� `- L J+•'
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COMMONWEALTI4' F VIRGINIA
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OFFICIAL RECEIPT
FREDERICK CIRCUIT COURT
DEED RECEIPT
DATE:
05/09ii*7 TIFE: 14:09:55 ACCOUNT: 469CLR97t-,003798 RECEIPT: 97000005924
CASHIER: .'HB RES: WN17 TYPE: UBS PAYMENT: FULL PAYMENT
If;STRINE�#? q'Utu3it8 BOOK:
879 PACE: 476 RECORDED: u5;`:��r9? AT 14:i;c
C 119..`
P
BRANTCR: {AMPTON ENTERPRISES E:: N : CO-`
ERA'#+TEE: TIBON L L C: TR EC: ! I: '
AND ADDRESS P. O. BOX 909 WINCHESTER. `?A. 22604
RECEIVED 7 HARRISON & jOHNSTON DATE OF DEED: 0510—i
CHECK : #529.' 1 CASH: It 0
DESCRIP'::�t# 1: B C LIST
2: gESTSIDE STATION. SEC 2 NUMEROUS LOTS
(• NI S7*; RATI N: ,� . ASSUMEjVAL. 224.00 .00 -MAP:
,.O,�S.LE,+.�.,.�•. 144.t30� uu DE DESCFIP?IOid PAID CDPAID .
CODE DESCRIPTION•. 1.00
301 DEEs i2.00 i4r � VELF
439 DEEDS AND CONTRACTS 336."!'0 036 DEEDS OF CONVEYANCE 72.ttf�
213 COUNTY GRA14TEE TAX I H ` o L 12 TRANSFER_ FEES 1.00
1 i' S ti 72. JF.t 106 TECHNOLOGY FUND FEE 3.00
220 RAAT3� TAX. TEPIDEREL 007.j)o
AMOUNT JAIO: 609.00
DC-18 (M6) CHA-JS t E ;;MT • 60,
'
CLERK OF COURT: GEORSE B. OHITACFE
COUNTY of FREDERICK
Department of Planning and Development
5401665-5651
FAX: 540/ 678-0682
PIC41fiCrOVICANI Of PUBLIC HEARING
July 6, 2000
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S)
RE: VARIANCE APPLICATIONS #08-00, #09-00 and #09-00 OF TIBOW, L.L.C.
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 Variances #08-00, #09-00 and # 10-00 of Tibow, L.L.C. requesting five-foot front yard and
five-foot back yard setback variances to construct single-family residences on three lots. These
properties are located at Westside Station, Section 2 (Lots 13, 14, and 15), and are identified with
Property Identification Numbers 53E-1-2-13, 53E-1-2-14 and 53E-1-2-15 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 (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,
Amy M. Lohr
Planner II
AML/ch
C AMyF iles\Tib owLLC_var.wpd
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, Frederick
County, Virginia:
PIN 53E-1-2-16
Mr. B. J. Tisinger
Michael G. Prelip Ent., Inc. Tibow, L.L.C.
1052 Martinsburg Pike 'P.O. Box 809
Winchester, VA 22603 Winchester, VA 22604
53 E-1-2-22B
Charles Richards, III & Alecia R.
427 Westside Station Drive
Winchester, VA 22601
53E-1-2-12
Greg & Martha Elliott
303 Colin Court
Winchester, VA 22601
STATE OF VIRGINIA
COUNTY OF FREDERICK
s3C-1-2-47
5 3 C 1-2-j3,►¢,E5
��—
Amy M. Lohr, Planner II
Frederick Co. Planning Dept.
I, `)C.11 1 pAn 1 Q I , a Notary Public in and for the State and County
aforesaid, do hereby certify that Amy M. Lohr, Planner II, for the Department of Planning and
Development, whose name is signed to the foregoing, dated q • LD • W , has
personally appeared before me and acknowledged the same in my State and County aforesaid.
Given under my hand this U-h day of J U ILI� Q GLA)
My commission expires on V�b(UQ►Z o2.a, a() L-)3
I I t-L,haD
TARY PUBLIC