HomeMy WebLinkAbout10-00 Tibow LLC Westside Station Lot 15 - Back Creek - BackfileDate:
BOARD OF ZONING APPEALS
Variance Request Tracking Sheet
File opened
J� Reference Manual updated/number assigned
_ D-base updated
/ 9�-O/
4 eeier location maps requested from GIS
` Two sets of labels requested from Data Processing
File given to Renee' to update Application Action Summary
MEETING DATE: '� FINAL ACTION: APPROVF'n
CLOSE OUT FILE:
Approval (or denial) letter mailed to applicant/copy made for file
File stamped "approved", "denied" or "withdrawn"
4-1 Reference Manual updated
D-base updated
�G File given to Renee' for final update to Application Action Summary
UACarol\Common\TRACKING. BZA
Revised 11/2/98
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ORDER
JUL-18-2000 TUE 01,22 PM MSI AMERICAS
FAX NO, 703 430 4932 P. 01
Fax
To/.i Amy Lohr Fax 540-679-0682
Company Frederick County Planning Department
From Henri L. Perreault Fax (703) 430-4932 Tel (703) 450-8462 (0)
(540) 667-1289 (H)
Date July 18, 2000 Ref. Page 1 of/de 1
Copies to/a
Subject: Zoning Variance West Side Station,3 lots located on Colin Court
(Requested by TIBOW)
Amy,
Thanks for speaking to me and providing details of zoning variance requests for subject lots. As a property
owner within West Side Station (2016 Colin Drive) would you kindly forward the following comments to the
Board of Zoning Appeals, as I will not be able to attend today's meeting.
It is my understanding zoning variance is being requested for front set back on two lots and front and fear set
back on one lot. My first comments are that set backs should have been taken into account when original
subdivision took place and was approved.
Secondly, there are restrictions within West Side Station as to size of homes placed on subject lots. Single
level home must have a minimum of 1,600 sq. ft. of finished living space, while a two story home must have a
minimum of 1,000 sq. ft. of finished living space per floor (totaling 2,000 sq. ft of living space).
Thirdly, as the adjacent property owner of the lot located at the corner of Colin Drive and Colin Court I am
concerned that granting any front, side or back variances on the proposed lots will set a precedent which will
later directly impact my property, when set back variances are applied for on the lot adjacent to mine.
In closing I would like to suggest to the Board of Zoning Appeals that they decline granting of set back
variances (As proposed by TIBOW) and recommend they take the three existing lots and re -subdivide them
into two lots. This should allow a large enough foot print for construction of the required size houses without
any set back variances.
Thank you for your consideration in this matter.
Best Regards
Henn L. Perreault
Property Owner
2016 Colin Drive
Winchester, VA
COUNTY of FR.EDERICK
Department of Planning and Development
540/665-5651
FAX: 540/678-0682
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 #08-00, 09-00 &ALO:4-0? 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
ME
FILE COPY
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
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 Variance #09-00 requesting a five-foot front yard setback variance was denied,
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
Lot 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
O: \Agendas\BZA\HPPR_DEN. LTR\TibowLLC. wpd
107 North Dent Street - Winchester, Virginia 22601-5000
4q
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BZA REVIEW DATE: 07/18/00
VARIANCE 910-00
TIBOW, L.L.C.
LOCATION: The property is located at Westside Station, Section 2 (Lot 15).
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 53E-1-2-15
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 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 8,119-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 north/northeast. The parcel to the
northwest is vacant, while Colin Court lies to the immediate west. The parcel to the immediate south
is a single family residence.
The proposed dwelling has a ground floor area of 1,380 square feet. The subject parcel (Lot 15) shares
the 84-foot property boundary referenced in Variance # 09-00. Likewise, the configuration of the lot
creates a limited building area. In comparison with surrounding lots, this parcel is 500 square feet less
in area. The limited lot area, coupled with the usual configuration of the lot, create the need for both a
front and rear yard variance.
Tibow, L.L.C. - Lot 15
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
MAJOR "1_LKM
Staff is of the opinion that the requested variance satisfies the aforementioned criteria. Indeed, the
subj ect property is affected by unusual conditions which preclude conformance with all applicable setback
standards. To strictly apply the setback standards in this case would produce a hardship approaching
confiscation of the property. The subject encroachments are not of substantial detriment to adjoining
properties, as the front yard borders Colin Court and the rear yard borders a storm sewer easement.
O:\Agendas\BZA\Staff Rep ort\Tibow_LotI5. VAR.wpd
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Page 1 of s APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
RECEIVED
JUN 2 E" 2000
DEPT, OF PLANWIG/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.
ADDRESS P.O.Box 809
Winchester, VA 22604
TELEPHONE: (540) 667-1266
NAME: Vacant Property
ADDRESS:
TELEPHONE:
3. The property is located at (give exact directions and include
State Route numbers):
n,. ,.,...ah _., M_; I - T ano to GTavl and Tlri vo Fnl 1 nW Wavl anti DYl VP_toC011n
Drive. Turn left on Colin Drive to Colin Court. Then Turn right. The
lots are located in the cul-de-sac
4. The property
has a road frontage of 57.94 feet
and a depth
of 87. 5
feet and
consists of 8119 square acres.
(please be
exact)
feet
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.
0
Page 2 of 5
6. Magisterial District:
Back Creek
7. 14-Digit Property Identification No.: PIN 53E 1 2 15
8. The existing zoning of the .property is: Residential performance
9. The existing use of the property is: Vacant
10. Adjoining Property:
USE ZONING
North Residential Residential performance
East Residential Residential performance
South Residential Residential per ormance
West Route 37 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 foot 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 confiruration 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 1 story and
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
0
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., III &
NAME �17.ee� a F P� 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, ir.ginia
Property ID# 53E 1 2 12
NAME Tibow, L.L.C.
Property ID# 53E 1 2 17
Address P . 0. Box 809
. Winchester, VA 22604
NAME Tibow., T..T., C. Address P. 0. Box 809
Winchester, VA 22604
Property ID# 5 3 E 1 2 13
NAME
Tibow, L.L.C.
Property ID# 53E =1 2 14
NAME Tibow, L.L.C.
Property ID# 53E 1 2 15
NAME THERE IS NO WESTSIDE STATION
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
r,
0 . 0
Page 5 of 5
AGREEMENT
VARIANCE # 10-0()
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.
y
SIGNATURE OF APPLICANT DATE
SIGNATURE OF OWNER
(if other than applicant)
BZA PUBLIC HEARING OF
04"
-OFFICE USE ONLY-
ACTION:
- DATE-
APPROVAL SIGNED:
BZA CHAIRMAN
DENIAL DATE:
Winchester
Line
V-AAHL . WA
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LOT 12 R
6cA. EX. 35' B
ZONED: RP (TYP)
USE: RESIDENTIAL ,33.16 L
0
46'
o' PROPOSED
'-' LWELLING
COLIN COURT
MINIMUM SETBACK REQUIREMENTS.•
FRONT = 35' (UNLESS OTHERWISE NOTED)
REAR = 25' (UNLESS OTHERWISE NOTED)
SIDE = 10'
raflisl
1. NO 77TLE REPORT FURNISHED.
2. EASEMENTS MAY EXIST THAT ARE NOT SHOWN
ON THIS PLAT.
J. FINAL PLAT OF SUBDIVISION IS RECORDED
IN DEED BOOK 672 AT PAGE 184.
PLAT SHOWING
i �\ \ � -+ N\ moo.
35.24' 10' BRL 81.64'
N87'54'34"E N89 5536"W
LOT 16
ZONED: RP USE: RESIDENTIAL
REVISED FRONT AND REAR BUIL DING RESTRICTION LINES
ON
LOT 13, LOT 14 and LOT 15
WESTSIDE STATION — SECTION 2
BACK CREEK MAGISTERIAL DISTRICT
FREDERICK COUNTY, V/IRGINIA
DATE• 16 JUNE 2000 1 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
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HARRISON & JOHNSTON
ATTORNEYS AT LAW
WINCHESTER, VIRGINIA
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THIS DEED,. made this / 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
n
HARRISON & JOHNSTON
ATTORNEYS AT LAW
WINCHESTER, VIRGINIA
f111(11 -, ;) 17
and encumbrances; and that it will grant such further
assurances of title as may be requisite.
WITNESS the following signatures and seals:
HAMPTON ENTERPRISES
gy (SEAL)
Deep nder Sin , Partner
By �^ -K-- (SEAL)
u, Partner
STATE OF VIRGINIA AT LARGE
CITY OF WINCHESTER, To -wit:
The foregoing instrument was acknowledged before me this
day of May, 1997, by Deepinder Singh and Harinder
Sidhu, who are Partners of Hampton Enterprises, a West
Virginia partnership, on behalf oyf� said partnership.
My commission expires
=1qotary Public
Q
rV
VIRGINIA: FREDERICK COUNTY, SCT.
Thl3_ natrument of writing was produced to me on the
C day of L 12
an with certificat of knowlgd Tent thereto a , sued'
was ad Itted to recor Tax Impoeed by Stec, 0191-802 of
$#Ad 88.1-Oo1 have bo*n paid, If aspop"019
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COMMONWEALTI F VIRGINIA 1
t -
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OFFICIAL RECEIPT
FREDERICK CIRCUIT COURT
DEED F.ECEIPT
r. _ jj7
DATE: O,;f09
•09:s5 ACCOUNT: 069CLR970003798 RECEIPT: 9700 0059Ey
`IME: 14.
PAYMENT
CASHIER: VHB
•
REG: WN17 TYPE: DBS PAYMENT: FULL
970003798 BOOK:: 879 PACE: 476 RECORDED: 05 09i97
AT 14:i>E
4
INSTRiMENT
GRANTOR: WHOM ENTERPRISES EX: N LOC:
EX: N PCT:
CO
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ERIITEE: TIBOW
AND ADDRESS
: L C: TR
P. 0. BOX 803 WINCHE5TER. '?A. 8P6i�4
DATE OF DEED: 05lv9197
RECEI'ED OF
CHECK
HARRISON IV 1OHNSTON
$527.00 CASH: 'c8C>.r„�
DESCRIP?:',Ii is
2:
B C DIST
WESTSIDE STATION. SEC 2 NUMEROUS in
COHSIyERATION: 144.00C4.00 ASSUMEi,AL: 224.000.00 MAP:
PAID CDDE DESRIF.IOId
PAID
.
CODE DESCRIPTION
uS
12. ,45 ,,LF
1. i)f1
301 DEEDS00
039 DEEDS AND
.+
CONTRACTS 038 DEEPS OF COIr,EYANCE
0
72.0
1.00
ci3 COUNTY tiF:ANTEE
TAz 1fS.-0 :12 TRANSFER FEES
7S.GCi 106 TECHNOLOGY FUND FEE
3.u0
O 3RANTOR TA
'PF.
TENDERED
6.09.06
AMOUNT RAID:
609.0�
DC-18 (8/96)
CHANGE AMT
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CLERY OF COURT: GEORGE B. WHITACPE