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Home My WebLink About03-91 Mary T Sandberg - Shawnee District - Backfile, , 1 7 i lf� RECEIPT _,4 )-. f. Gi PLAN',NING AND DEVELOPMENT F , Lix uul e 9 COURT SQUARE f-412; 022927 WINCHESTER, ViRGINIA 22601 AMOUNT DUE $ _ Z - AMOUNT I'Alb $ --7/- BALANCE CLEF PAID BY CASH CHECK OTHER q DATE RECEIVED FROM �Xl/ ADDRESS THE SUM OF DOLLARS FOR 11 1 �.' . I I 1 1, f , . � I I L , 1 1, , ) 11 ,A . COUNTY of FREDERICK i Department of Planning and Development 703/665-5651 FAX 703/678-0682 March 25, 1991 Mrs. Mary T. Sandberg 1150 Wild Rose Circle Winchester, Virginia 22601 Dear Mrs. Sandberg: This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their meeting of March 19, 1991. Your variance application #003-91 was approved for a 15 foot variance from the required 100 foot buffer zone for an existing house. This property is located at 796 Twinbrook Circle in Glenmont Village, in the Shawnee Magisterial District, and is identified as parcel 60 on tax map 65D. If you have any questions regarding this variance do not hesitate to call this office. Sincerely, &)a W. Wayne filler Zoning Administrator WWM/slk 9 N. Loudoun Street - P.O. Box 601 - Winchester, Virginia - 22601 �j q� �GJ � n b✓o �k C� i�/� S/K 0 0 VARIANCE APPLICATION #003-91 MARY T. SANDBERG LOCATION: 796 Twinbrook Circle, Lot 60, Section 4 of Glenmont Village. MAGISTERIAL DISTRICT: Shawnee IDENTIFICATION NO.: 65D000030000000400600 PROPERTY ZONING & LAND USE: Zoned RP (Residential Performance), Land Use - Residential ADJOINING LAND ZONING & USE: Zoned RP (Residential Performance), Land use - Residential VARIANCE: A 15 foot variance from the required 100 foot buffer zone for the existing house. REASON FOR VARIANCE: The existing house on this lot was built in 1986 and incorrectly cited so that it extended 15 feet into the required buffer zone. The property is being sold and clear title cannot be obtained until this discrepancy is eliminated. STAFF COMMENTS: The possible issue of what the required buffer was at the time this house was built is not germane to this problem. This subdivision was approved with the 100 foot road efficiency buffer and so indicated on the final recorded plats. This makes it binding and incumbent on the owner/builder to comply with the approved buffer. The accessory or storage building that is located on the interior 50 foot or active portion of the buffer and is permitted. The house or primary structure is not permitted to encroach on the active buffer. RECOMMENDATION: Approval. 0 March 5, 1991 0 COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/667-0370 TO THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) THE APPLICATION OF: MARY T. SANDBERG Variance application #003-91 of Mary T. Sandberg, for a 30' variance from the required 100' buffer zone for an existing shed and a 15' variance from the required 100' buffer zone for an existing house. This property is located at 796 Twinbrook Circle, lot 60 in Glenmont Village, in the Shawnee Magisterial District and is identified as parcel 60 on tax map 65D This application will be considered by the Frederick County Board of Zoning Appeals at their meeting of March 19, 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. Sincerely, 4)- V,4&1 W. Wayne niller 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 March 5, 1991 frolllhe Department of Planning and illy lopment, Frederick County, Virginia. Many T. Sandbey 1 159 Wiad Rose CAW Winche6ten, Va. 22601 ',: ANI)I:+i: RG: , MARY T" .. 'Y 96 TW:I:NX•:if• OOK C:IFC:I.. r W:I:NCHESTF.'.:IR, VA- I...:I:LL.Y, JAME S E. & VIRGINIA H. "792 GL.I :NI" IDGE:: DR, W:I:NC:HE:STER, VA,. 65DO000300000004005 9 W I SEMAN , DAV I D E& I...:I: NDA S WINCHESTER. VA 2 2601 _.. 6ED0000:30000000.40046 STIRICKLER, (:`RA:I:G S IS. DE::NNI I..EE:: 7V5 TWINEtF2OOK CIRCLE W:I:NCHE::ST'E:R. VA,. 65D00003000000040047 PHIL.IBIN, GARY 0.. FTY T"W:I:i-!EtROOK CIRCLE: W:I:NC:HE:STE R, VA.. :yt::.> 601 •-- RT• . I BOX :394 IeR..I. EMC)NT , VA. 22012 02 W. Wayne Mill r, Zoni g dministrator Frederick Co my Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK I, Debi. D. SwiKey , 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 March 5, 7991 , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this 5th day of March 1991 My commission expires on Septoibelt. 30, 1993 Won z�-U�Q L4" NOTARY PUBLIC • • page 1 of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA -OFFICE USE ONLY - Variance Application No. 00 3-9� Submittal Deadline Submittal Date a/;k q1 For the meeting of rny4rch i9 Fee Paid ye initials: jj Sign Deposit yes Sign Return Date: 1. The applicant is the owner 2. APPLICANT: NAME: MARY T. SANDBERG ADDRESS 1159 Wild Rose Circle Winchester, Virginia 22601 TELEPHONE: (703) 662-1418 X other . (Check one) OCCUPANT: (if different) NAME: _ ADDRESS: TELEPHONE: 3. The property is located at: (please give exact directions) Lot 60, Section 4, Glenmont Village, Frederick County, Virginia, commonly designated as 796 Twinbrook Circle, Winchester_, Virginia 22601. * See attached survey, dated February 5, 1991. 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 MARY T. SANDBERG, widow as evidenced by deed from Joel 0. Stowe, et ux recorded (previous owner) in deed book no. 624 on page 273 registry of the County of Frederick. 6. Magisterial District: Shawnee Magisterial District page 2 of 5 • • 7. 21-Digit Property Identification No.:65D00-003-0000-0004-00600 8. The existing zoning of the property is: M 9. The existing use of the property is: Residential 10. Adjoining Property: USE North Residential East Residential South Residential West Residential ZONING RP RP RP RP 11. Describe the variance sought in terms of distance and type. (For example - A 3' rear yard variance for an attached two car garage.) A variance is sought for that portion of the residence and the shed which are located within the 100' buffer zone from Senseny Road as shown on the attached plat and house location survey. 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 The building permit for the residence issued by the Department of Inspections shows a 70' Buffer Zone rather than the 100' Buffer Zone. The ordinance in effect in 1986 when the residence was erected allowed a 30% reduction in the Buffer Zone with partial screening. There are evergreens located along the Senseny Road property line. It is believed that the 70' Buffer Zone may have arisen from this interpretation of the 13. Additional comments, if any ordinance. page 3 of 5 • 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 peopl-- will be notified by mail of this application: (Please list complete 21-digit number.) NAME JAMES E. LILLY Address 792 Glenridge Drive Property ID# 65D00-004-0000-0005-00610 DAVID WISEMAN Address 791 Glenwood Drive Property ID# 65D00-003-0000-0004-0059-0 CRAIG STRICKLER Address 795 Twinbrook Circle Property ID# 65D00-003-0000-0004-0046-0 GARY PHILIBIN Address 797 Twinbrook Circle Property ID# 65D00-003-0000-0004-00470 CARL HALES Address Route Box 394 Bluemont, Virginia 22012 Property ID# 65E00-002-0000-0000-00090 Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# , page 4 of 5 9 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. I011#`IV, Ia0 l Adjoining Property YOUR PROPERTY Aljoininq Property I- :7 T v "ion a 4— ,PropertyLine I ----------------------=Center of Rood ------- Road SHOW THESE MEASUREMENTS * SEE ATTACHED SURVEY, DATED FEBRUARY 5, 1991 page 5 of 5 AGREEMENT k VARIANCE # 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. SIGNATURE OF APPLICANT DATE _t '�- SIGNATURE OF OWNER (if other than applicant) -OFFICE USE ONLY- DATE BZA PUBLIC HEARING OF i, C/ �� ACTION: DATE - APPROVAL DENIAL SIGNED: ice!/ ' �✓`J / c ZA CHAIRMAN DATE: 3 - / q �� LOT 60 SECTION 4 GLENMONT VILLAGE FREDERICK COUNTY, VIRGINIA 2 �XLTH x O MVio Ail i�STEW u No. vm I 0 SUS LOT 61 Q liz ASSUMED (ELEV I ' 100.0 _ _ 16058' 1 " �161.3] _ ELEV 9 6'� Nli m 85.4' ci J I Z 41 SH WI L D/W = Cy E �141 p• 99.5' N J EL - •? LLJ f V m - LLJ O m LD lJl O IP p I STORY FRAME g72• m # 796 ISTP 0 o LO Le) - EL o EL I .cam 0- 14 1Cn 99.5' 99. 28.6, z .. LOT 60 STP ' _ 11,167 25' 8RL !P L 0 9 LA - ELEV • 97,9' •ELEV 95.8' IP N 16058'21"E 99.55' P� TWINBROOK CIRCLE (50' WIDE) CERTIFIED CORRECT TO : JOHN E, 8 LISA M. WILLIAMS THIS LOT DOES NOT FALL IN A FIL OD HAZARD REV 2/19/91 HOUSE LOCATION SURVEY DATE: FEBR.5,1991 FURSTENAU SURVEYING SCALE: 1 "=30' DWN. BY: STEPHENS CITY, VIRGINIA 22655 REV ADD HSE TIES COUNTY of FREDERICK I Department of Planning and Development 703/665-5651 FAX 703/667-0370 February 19, 1991 Brenda H. High, Closing Coordinator Philip E. Groves, Attorney at Law 132 South Cameron Street Winchester, Virginia 22601 Re: Glenmont Village, 100 Foot Buffer From Senseny Road Dear Ms. High: After reviewing the materials accompanying your letter of February 15, 1991 regarding the above cited buffer, it is my determination that there is in fact a 100 foot road efficiency buffer in place along Senseny Road within Glenmont Village. A road efficiency buffer is composed of an inactive portion in which no structures are permitted and an active portion in which only accessory structures (such as storage buildings) are permitted. In this particular case, the 50 feet closest to Senseny Road is the inactive buffer area and the remaining 50 feet is,an active buffer area. The location of the shed shown on the plat by David Furstenau, dated February 5, 1991 is not a problem as it is situated beyond the 50 foot inactive buffer, in the active buffer portion. The location of the house, however, does create a problem as a portion of the structure extends into the active buffer area. The remedy for this situation would be to apply for a variance from the 100 foot buffer requirement. If you or your client, which ever the case may be, choose to pursue this approach you need to contact either Mr. Wayne Miller or Mr. Ron Lilly. Both can be reached at the above number. If I can answer any additional questions concerning this matter, please do not hesitate to contact me. Sincerely, Kris C. Tierne Deputy Planning Director KCT/rsa Attachments 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 �� d��f C��,G�� 0 K FREDERICK COUNTY INSPECTIONS DEPARTMENT APPLICATION for BUILDING PERMIT DATE 1-2-86 Owner or Lessee Joel Stowe Address 2725 Valley Avenue City &State Winchester, VA Zip 22601 Telephone 667-2700 Contractor Same Address City & State Telephone Registration No Permit B - 13000 OFFICE USE ONLY Building Permit No. _ Electrical Permit No. Plumbing Permit No. Mechanical Permit No. Property I.D. No. E. BOARD OF SUPERVISORS APPROVAL REQUIRED: Zip Yes No A. ZONING & LOCATION: St. Address & No. Twin Brook Circle 1. Subdivision Glenmont Village 2. Lot. No. &0, Section 4 3. Magisterial District 4. Zoning of Property 5. Site Plan No. 6. Conditional Use Permit No. 7. Property Width at Set Back 8. Property Size: W. L. H. 9. Building Lines: a. Front 7 0 ' + b. Rear 2 7' c. L. Side 18, d. R. Side 27 1 10. Complies with Subdivision Code: Yes X No 11. R7iew Action: Approved - s No DATE Zoning Signature B. C. BUILDING INFORMATION: 1. Building Size 28 X 44 2. Basement - Yes No X 3. Crawl Space - YesX No 4. Construction Frame 5. Roof Construction: a. Truss X b. Conventional 6. Floor Construction plywood 14. Cov. carpet 7. Exterior Walls siding 15. Cov. 8. Interior Walls drywall 16. Cov. 9. No. Stories 1 No. Rooms 5 10. No. Dwelling Units 1 11. Toilets/Baths 1 12. Class. of Construction 13. Misc. INDUSTRIALIZED BUILDING UNITS: 1. Make: 2. Model: . 3. Year: 4. Ser. No.: 5. Length: 6. Width:_ 7. HUD No.: 8. UL No.: 9. VA. R EG.: 10. Anchoring Info. Yes 11. Number of Bedrooms 12. Baths/Toilets 13. Type of Heat D. ESTIMATED TOTAL VALUE OF CONSTRUCTION INCLUDING VALUE OF MATERIALS AND LABOR: 1. $ 48,000 2. Sq. Ft. 1232 3. Fee $ 73. 92 + 15. 00 = 88. 92 -QO .0(-)7 F. WATER & SEWER: 1. Yes No 2. Sewer App. Rej. 3. Water App. Reg. G. LAND DISTURBING PERMIT REVIEW REQUIRED: 1. Yes Multi -Family 2. Yes Commercial 3. No Single Fam. Dwelling 4. Located in known 100 Yr. 5. Flood Plain - Yes No 1.1 Public Works Director Date H. PROPOSED USE: (Residential) 1. X Single Family 2. Two Family 3. Townhouse 4. Apartments 5. Garage/Carport 6. Mobile Home 7. X Other Porch I. PROPOSED USE: (Non -Residential) 1. Amusement 2. Church 3. Service Station 4. Office 5. Private Swimming Pool 6. Commercial Swimming Pool 7. Tanks 8. Towers 9. Hospital 10. Industrial Buildings 11. Private School 12. Public School 13. Other J. TYPE OF ACTION: 1. X Construction 2. Extend/Addition 3. Alter 4. Repair 5. Move 6. 17. Foundation Other I hereby agree to comply with all provisions of the Virginia Uniform Statewide Building Code and the Zoning Ordinance as adopted by the County of Frederick. SopVill Signature of Applicant ' %'% 'w ddress Inspections Director Date Form 1OB-1 a, page 2 of 5 � • 7. 21-Digit Property Identification No.:65D00-003-0000-0004-00600 8. The existing zoning of'the property is: 9. The existing use of the property is: Residential 10. Adjoining Property: USE North Residential East Residential South Residential West Residential ZONING M RP RP RP 11. Describe the variance sought in terms of distance and type. (For example -,A 3' rear yard variance for an attached two car garage.) A variance is sought for that portion of the residence and the shed which are located within the 100' buffer zone from Senseny Road as shown on the attached plat and house location survey. 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 The building permit for the residence issued by the Department of Inspections shows a 70' Buffer Zone rather than the 100' Buffer Zone. The ordinance in effect in 1986 when the residence was erected allowed a 30% reduction in the Buffer Zone with partial screening. There are evergreens located along the Senseny Road property line. It is believed that the 70' Buffer Zone may have arisen from this interpretation of the 13. Additional comments, if any ordinance. ts page 3 of 5 • 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 JAMES E. LILLY Address 792 Glenridge Drive Property ID# 65D00-004-0000-0005-00610 DAVID WISEMAN Address'.791 Glenwood Drive Property.ID# 65D00-003-0000-0004-0059-0 CRAIG STRICKLER Address 795 Twinbrook Circle Property ID# 65D00-003-0000-0004-0046-0 GARY PHILIBIN Address 797 Twinbrook Circle Property ID# 65D00-003-0000-0004-00470 CARL HALES Address Route i, Box 394 Bluemont, Virginia 2,2012 Property ID# 65E00-002-0000-0000-00090 Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# 2'(f #4631 • S 0 N N i w C1 41 H . o u ro r~ c� I� GROVES e HUTCHINSON ATTORNEYS AT LAY VINCHESTER. V001b i JOEL 0. STOWE, ET UX TO: DEED WILLIAM A. SANDBERG, EJK 9� 4 PG Z l 3 THIS DEED, made and dated this / up day of August, 1986, by and between JOEL 0. STOWE and LUCITA M. STOWE, his wife, by Joel 0. Stowe, her Attorney -in - Fact, pursuant to Power of Attorney dated December 3, 1979, of record in the Clark's Officq of the Circuit Court of Frederick County, Virginia, in Deed Book 518, at Page 153, hereinafter called the Grantors; and WILLIAM A. SANDBERG and MARY T. SANDBERG, husband and wife, hereinafter called the Grantees. WITNESSETH: That for and in consideration of the sum of Ten Dollars, cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby grant and convey with General Warranty and English Covenants of title unto the Grantees, in fea simple, jointly, as tenants by the entirety, with common law right of survivorship, it being intended that the part of the one dying should then belong to the other, his or her heirs or assigns, the following property situate in Frederick County, Virginia: Lot SIXTY (60), Section FOUR (4), GLENMONT VILLAGE Subdivision, Shawnee Magiaterial District, as the same is duly dedicated, platted and recorded in Deed Book 601, at Page 115 among the land records found in the Clerk's Office of the Circuit Court of Frederick County, Virginia; and being the same property conveyed to the Grantors herein by Deed dated January 31, 1986 from BGW, Inc., a Virginia corporation, of record in the aforesaid Clerk's Office in Dead Book 610, at Page 390. Reference is hereby made to the aforesaid instruments and the attachments and the references therein contained, for a more particular description of the property hereby conveyed. This conveyance is made subject to the duly recorded and enforceable , restrictions, easements and rights of way, if any, affecting title to the said property. The Grantees by the acceptance of this deed agree to become a member of the Glenmont Village Association apd subject to all easements, covenants and restrictions, including, but not limited to those contained in the Deed of Dedication of Glenmont Village, Section Four, on record in Deed Book 601, at Page 115, among the aforesaid land records and those contained in the declarations of covenants and reservations, Glenmont Village, Section Four. WITNESS the following signatures and seals - (SEAL) TUWE (SEAL LUCITA M. , by Joel 0. Stowe, her Attorney -in -Fact 4..'Jii aRovcs a HUTCHINSON MORNEra AT LAW *hCHlsTCR. VL%G" OK624PG274 STATE OF VIRGINIA, CITY OF WINCNESTER, to -wits The foregoing instrument was acknowledged before me this ,jeday of August 1986,.by JOEL 0. STOWE, individually and as attorney -in -fact for Lucita N. Stowe, his wife. NOTARY PUBLIC My Commission expires t p n �ti�-c_s� p1 d, % 9P7 Vllty..l .f ....J.. � . . . • This instrulaollt ,I it," ns pioduc:a.. to the o., t.m -duty of , 19,�-, bt c2:0 Y P �1 &d with cettilicato of cknowledgmont thoreto anne.:al vr,s ad t t d ocord. 1' uuposod by Sec. 53-:54.1 of and 58-54 have been paid, if a;sessab-, -2- I11�