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Home My WebLink About35-90 Robert W Peacock - Opequon District - BackfileRECEIPT N. 020-8403 I AMOUNT DUE AMOUNT PAID - - �J BALANCE DUE PAID BY CASH CHECK OTHER FREDERICK COUNTY D'PT. OF PLANNING AND DEVELOPMENT P.O. BOX 601 • 9 COURT SQUARE WINCHESTER, VIRGINIA 22601 RECEIVED FROM `fC 1J�� ADDRESS y + THE SUM OF�1�Y"a l �. i 1✓` -.—��; r �\ DOLLARS $ J •/`� . �,� 1..� FORb f� r � DAY -TIMERS RE -ORDER No. 3221 — Printed in USA Qw4 .,�� COUNTY of FREDERICK Department of Planning and Development 703/665-5651 ,.pG1w FAX 703/667-0370 1738 _ January:22, 1991 Robert L. and Esther'L.�Peacock Route 2, Box :282B Stephens City - y, `7irginia 22622 Dear Mr. and Mrs.' ;Peacock: This :,letter is to._confirm 'action taken by the Frederick County Board of Zoning Appeals at their meeting of January 15,.1991. Application #035-90 was conditionally approved allowing you to deviate from the previous ruling which stated that the tractors and trailers must be parked in the rear of the property. Conditions regulating this approval are as follows: 1. All tractors and trailers must be parked alongside the northern end of`your driveway/parking area, as shown on the drawing submitted with.your variance application. 2. A screen of evergreen trees (six foot tall at the time of planting) will be planted by June 151 1991. There must be at least one tree per ten linear feet along the southern edge of the truck parking area. 3. Any manure that -is cleaned -off of the trailers must be kept at the back end of the truck parking area. The previous limit of two trucks and two trailers still applies. Since your application was approved with the .previously agreed upon conditions, it should not be necessary to effect further changes to this direction. However, if you, wish to effect changes to this direction, you can only appeal to the Circuit Court. The Board of Zoning Appeals has done all they can with this case at this point. Sincerely, W. Wayne iller Zoning Administrator WWM/slk 9 Court Square - P.O.. Box 601 - Winchester, Virginia - 22601 0 VARIANCE APPLICATION #035-90 ROBERT W. PEACOCK LOCATION: Off of Route 631, 1-1/4 miles south on Route 625 MAGISTERIAL DISTRICT: Opequon PROPERTY I.D. NUMBER: 84000A00000000000042A PROPERTY ZONING & USE: Zoned RA (Rural Areas District), present use - Residential and Agricultural ADJOINING ZONING & USE: Zoned RA (Rural Areas District), land use - Residential/Agricultural VARIANCE: 60' variance from previous direction to park trailers behind the house. REASON FOR VARIANCE: Hardship as to weight of parking tractor trailer over water lines. STAFF COMMENTS: This was originally considered as an appeal of the Zoning Administrator's decision regarding the operation of a mini truck terminal in.the RA district in July of 1990 (case #007-90). At that time, the BZA allowed the Peacocks to continue to park two trucks and two trailers at their residence, provided that they be parked behind the house. Since then, the trailers have not been parked behind the house. The Peacocks have explained to staff that they tried to explain to the BZA that they could not park the trailers and/or trucks behind the driveway because of a concern that their weight would damage the water line that runs behind the driveway. (See the attached copy of the staffs letter of September 7, 1990 concerning., the original BZA decision). This is an alternative proposal that would meet the goals of minimizing the view of the trailers from surrounding properties, minimizing the offensiveness of the manure associated with the trailers, and minimizing the potential for damaging the water line. • 0 Peacock variance page 2 The topography of the site allows the view of the trailers to be somewhat concealed on the north side of the driveway beside the house. The Peacocks have agreed to place a landscape screen, consisting -of evergreen trees at least six feet in height, along the southern edge of the proposed trailer parking .area, which should sufficiently screen the view of the trailers from surrounding properties (see attached sketch). The,Peacocks have also agreed to keep any manure that is cleaned off of the trailers (which are used for hauling livestock) at the back end of the proposed parking area, which should mitigate the concerns expressed by a neighboring property owner when the Board first considered this case. The question of hardship with regard to the fragility of the water line is debatable. Although the Peacocks have provided an opinion about the potential for heavy equipment to damage water lines, there is no specific. study of this case. It may be worth having an engineering evaluation of this situation and/or looking into the possibility of moving the present line, before hardship can be clearly determined. Despite the lack of proof of hardship, however, this proposal seems to satisfy all interested parties. RECOMMENDATION: Approval, provided the stated conditions are met. 0 0 COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703 / 667-0370 CERTIFIED MAIL September 7, 1990 Robert Peacock Route 2, Box 282-B Stephens City, VA 22655 Re: Parking area for our truck trailers. Dear Mr. Peacock: This is to follow up on our phone conversation from Wednesday concerning the parking area for your truck trailers. We had agreed that you would call me upon your return on September loth to follow up on that conversation, but I've since determined that there is not much room for working around the directions given previously and want to advise you of that. As I wrote in my letter of July 26, 1990, the BZA's conditions for allowing you to keep trucks and trailers on your property were carefully stated and there is little latitude in enforcing them. The problems you mentioned with the location of your well at the end of your driveway and the concerns about encroaching on the rear property line by parking behind the driveway have not been provided for in the BZA decision. As I mentioned during our conversation, there are no rear or side setbacks required on vehicle parking, so there should not be any problem with property line encroachment. Of course, it will be necessary to ensure that the view of the trailers from surrounding properties is minimized. Also, having heard nothing from you since my letter of July 26th about possible problems with compliance, there is little latitude in the time available for meeting the requirements of the BZA decision. Barring any further appeals to the BZA, I'm afraid that I don't have authority to work something out to keep the trailers in the current garden area (not behind the house) as we discussed, nor to provide a time allowance for your pumpkin harvest. Immediate compliance will be necessary. In light of behind the provided. conditions the fact that you don't have the required parking space house right now, a little more preparation time can be You will need to be in compliance with the BZA's by September 17, 1990. 9 Court Square P.O. Box 601 - \Vinchester, Virginia - 11601 0 0 Robert Peacock Sept. 7, 1990 page 2 You can still call t any alternatives at Administrator Wayne about this. Sincerely, o discuss this, but I don't hold much hope for this point. Feel free to call Zoning Miller or myself if you have any questions �=nald�A--4L-illey / Planner I/Zoning' spector bc: Mr. Dudley Rinker BZA Members 0 0 page 1 of 5 APPLICATION FOR VARIANCE IN THE CO COUNTY OF FREDERICK, VIRGINIA 4 y.,. IiN -OFFICE USE ONLY - Variance Application No.Q3-5-VO Submittal Deadline Submittal Date /2/_2zg0 For the meeting of j -iS_ Fee Paid dyes% initials: K2_tk Sign Deposit yes Sign Return Date: 1. The applicant is the owner other (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME rl _ E : ADDRESS TRESS: S i7 — TELEPHONE: - Q TELEPHONE: 3. The property is located at: (please give exact directions) mi+ o� -PIT 631 11 n R i . 6 a S - 1 � rm , . 4. The property has a road frontage of feet and a depth of feet and consists of acres. (please be exact) 5. The property is owned by W k. as evidenced by deed from )_ �; 9 , ', ? )C recorded (previou owner) in deed book no. ;1S on page registry of the County of Frederick. 6. Magisterial District: I)n ,Page 2 of 5 • 0 7. 21-Digit Property Identification No.: �j yOtX) OOOdC�nC1'� /� 8. The existing zoning of the property is: 9. The existing use of the property is: �jW�11,,nT-4- qQr; 10. Adjoining Property: USE ZONING North f ►g r ; wiru 2z RA East 0i C&CV-d/R0r; - iZ(A South r) 2 Ch o,rd I lac r West 2d rAA 11. Describe the variance sought in terms of distance and type. (For example - A 3' rear yard variance for an attached two car garage.) 12. List specific reason(s) why the variance is being sought in terms of: - exceptional narrowness, shallowness, size or shape of a specific piece of property, or _ exceptional topographic conditions or other extraordinary situation or condition of such piece of property, or - the use or development of property immediately adjacent thereto a n.. —n _, 13. Additional comments, if any page 3 of 5 • 0 14. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property for which the variance is being sought. (Use additional pages if necessary.) These people will be notified by mail of this application: (Please list complete 21-digit number.) NAME Address AZT a 8 S Property ID# OG _ 12 v- 01% s. haAj cl (Y) Address IZ. T. h V . Property ID# 006 - OU - 0000 poop -- c Sfl' p Address i Property ID# O v K. S Address S Property ID# �yov U 0— Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# page 5 of 5 • i VARIANCE # AGREEMENT 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 Co. 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. r SIGNATURE OF APPLICANT �^� DATE SIGNATURE OF OWNER !t/ l� �- DATE h �Gj'�Cjcj� (if other than applicant)` -OFFICE USE ONLY- BZA PUBLIC HEARING OF / 99/ ACTION: DATE -- APPROVAL W !7M C-etV b ,(il0/JS DENIAL SIGNED: BZA CHAIRMAN DATE: ! ` ` �' ` -• r 0 to ' nan w�v N N J Q V W Ul (D a: L7C)l Q M ��L�F 5r•L N Lcu pug � \y `t cu io• A Lu J, 4 u N�\\5 Q5 pP \L • �� MPL CUS, b`j m N�\6y 35' Iri v r� TRACT 2 /0. 229 A CRES w o to 0 v TRACT 2 IS TO BE JUINED WITH AM) ": BECOME A PART OF THE LAND CON- W N VEYED TO ALFRED L. SNAPP AND ,i, w v M in N (V v u� 7 0 I SON, INC. UV D.B. 424, P. 3Id AND � s �; U.B. 424, P. 330. 1 _, 00 qq, N qr• T-1 , 7' `10(:AIIUN 'I�PQ N L 04 'N RES O Uj I CA v "L 1 �� 0� t✓1 C) L f' �.• lI I . 1 N v �jti IS LL \. N - N / \ AI'I'ItOVI-U ..1 IN O vW Ad V. \ V�)\iv\\ I a \ \ V �. v 01. L I. 0411 r, L. r.I r( Lraenf y (l 1(;r. WA) No. 1a`�d � r Nn :, IILV� TRACT I ONLY W INLH(.STLH-'1'Ht ULHILh LUUNI HI.AL rH UEPANTWNT I H1-ULHILI\ COUNTY PLANNING UEPAHTMLNI I I I IAV I t N I(J, AN 1 11.1 1 .1 • I I-- I ):' I 0 0 O.LPayne c.LPayne M.LPayne PAYNE WELL DRILLING INC. /unips & Service Esther and Robert Peacock Rt. 2 Stephens City, VA 22655 Dear Mr. and Mrs. Peacock, This letter is in regard to your inquiry about the effect moving tractor trailers across and parking them on your water lines may have. We can only say that we have had several occasions where movement of heavy equipment across water lines has caused lines to break. It may have been caused by the pressure of the vehicle on rocks in the fill dirt. There is a great possibility of water line breakage if too much weight is on the lines. Sincerely, . Gary L. Payne GLP/plp COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/667-0370 January 2, 1991 TO THE APPLICANTS) and/or ADJOINING PROPERTY OWNER(S) The Application Of: ROBERT W. PEACOCK VARIANCE APPLICATION For: Robert W. and Esther L. Peacock for a ,97' rear boundary line variance for parking a tractor trailer at the end of driveway. More correctly stated, this is an appeal of the BZA decision of July 17, 1990 that requires the Peacock's to keep their tractor and trailers parked behind their house. This property, zoned RA (Rural Areas), is located off of Route 631, 1 and 1/4 miles on Route 625 in the Opequon Magisterial District and is identified as parcel 42A on tax map 84. This variance application will be considered by the Frederick County Board of Zoning Appeals at their meeting of January 15, 1991 at 3:30 p.m., in the Board room of the old Frederick County Courthouse, Winchester, Virginia. Any interested parties having questions or wishing to speak may attend this meeting. Sincerel , ,IUiC"' V W. Wayne filler Zoning Administrator WWM/slk 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 This is to certify that the attached correspondence was mailed to the following on Jan 2, 1991 from t&epartment of Planning and Dev*pment, Frederick County, Virginia: Robert W. & Esther L. Peacock Route 2, Box 282B Stephens City, Virginia 22655 Mr & Mrs Bruce Shuster Route 2, Box 282A Stephens City, Virginia 22655 Mr. & Mrs. David Manuel Route 2, Box 283 Stephens City, Virginia 22655 Tilden Strosnider Route 2, Box 250 Stephens City, Virginia 22655 Mr. & Mrs. Alfred L. Snapp Route 2, Box 276B Stephens City, Virginia 22655 STATE OF VIRGINIA COUNTY OF FREDERICK I, Debi D. Swimley J, L/ - r V v = W. Wayne Mill fr, Zoning A ministr for Frederick Co m y Dept. of Planning , a Notary Public in and for the state and county aforesaid, do hereby certify that W. Wayne Miller, Zoning Administrator for the Department of Planning and Development, whose name is signed to the foregoing, dated Jan 2, 1991 , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this 2nd day of January $ 1991. My commission expires on September 30, 1993 NOTARY PUBLIC page 4 of 5 10 15. Please use this page for your sketch of the property. Show proposed and/or existing structures on property, including measurements to all property lines. Please include any other exhibits, drawings or photographs with this application. EXAMPLE Adjoining Property YOUR PROPERTY Adjoining Property o .7a r _ _ iAddi 14 0 v ion Pro ert Line ----------------------=Center of Road RoadO.SHOW THESE MEASUREMENTS I Purchase Price; $ THIS DEED AND PARTIAL RELEASE made and dated this day of � p,.vV 19$9, by and between ALFRED L. SNAPP AND SON, INC., a Virginia Corporation, of the one part, hereinafter called the Grantor; and, ROBERT W. PEACOCK and ESTHER L. PEACOCK, his wife, of the other part, hereinafter called the Grantees. WITNESSETH: 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 Grantor does hereby grant and convey with general warranty and English covenants of title, unto the Grantees, jointly, as ." I tenants by the entirety, with the right'of survivorship, as at common law, all that certain tract or parcel of land, together with all rights, rights of way and appurtenances thereto belonging, lying and being situate in Opequon District, Frederick County, Virginia, fronting the Western boundary line of Virginia Route 625, and more particularly described as "TRACT 1", containing 6.000 Acres, by plat and survey oz L. Allen Ebert, L.S., dated September 7, 1988, attached/hereto and as a part hereof, to which plat and survey reference is here made for a more particular description of the property herein conveyed and derivation of title. imRsom LARIUCK & LARRICH TTORNEYS AT LAW �iCUZ8TM8, YIROINXA I � ANDERSON. LARRIcx & LAW xc c AN TTOBYZY AT LAW WINCII86TYR. VIAQINIA 0 The Grantor does further grant and convey unto the Grantees the right to use in common with others that certain 20' R/W along the Southern side of the property herein conveyed for ingress and egress from said property to Va. Route 625, said 20' R/W shown on the attached plat. This conveyance is made subject, however, to all rights, rights of way and easements of record, if any, affecting the aforesaid property. The Farmers and Merchants National Bank, of Winchester, Virginia, and J. Randolph Larrick, Sole Acting Trustee, join in this Deed for the purpose of releasing the aforementioned property from the lien of that certain Deed of Trust dated February 27, 1987, and of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 640, Page 63, from Alfred L. Snapp and Son, Inc., a Virginia Corporation, to secure a note in the principal sum of $388,543.09 but do hereby expressly reserve the lien as to the remainder of the property described in said Deed of Trust. WITNESS the following signatures and seals: ALFRED L. SNAPP AND SON, INC. By: ( S EAL) Alfred L. Snapp, I'r. , vice - President