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Home My WebLink About06-91 County of Frederick (E. Pennington) - Opequon District - BackfileCOUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/678-0682 June 19, 1991 County of Frederick, Virginia Attn: Mr. John R. Riley, Jr., County Administrator 9 Court Square Winchester, Virginia 22601 Dear Mr. Riley: This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their meeting of June 18, 1991. Your application, #006-91, was approved for a 7.3' rear/side variance for an existing, attached deck. This property, owned by Earl and Sylvia Pennington, is located in Greenbriar Village, Section II, at 276 Nightingale Avenue, in the Opequon Magisterial District and is identified as parcel 69 on tax map 75E This approval was granted with the condition that Frederick County and Oakcrest Builders will each provide $1500.00, for a total of $3000.00, to install a maximum of 15 white pine trees on the adjoining property owned by Mr. and Mrs. Leroy Foster (lot 70) to provide a privacy screen. The contractor to perform this installation will be determined by Frederick County upon receipt of bids as required by the Code of Virginia. If you:: have any questions regarding the approval of your variance, do not hesitate to call this office. Sincerely, \ W. 7ayne Miller Zoning Administrator V VWM/slk cc: Earl and Sylvia Pennington THE COURTHOUSE COMMONS 9 N. Loudoun Street - P.O. Box 601 - Winchester, Virginia - 22601 VARIANCE APPLICATION #006-91 COUNTY OF FREDERICK LOCATION: Greenbriar Village, Section II, Lot 69 at 276 Nightingale Avenue MAGISTERIAL DISTRICT: Opequon PROPERTY I.D. NUMBER: Tax Map 75E, parcel no. 69 PROPERTY ZONING & USE: Zoned R-P (Residential Performance) Land use - residential ADJOINING ZONING & USE: Zoned RP (Residential Performance) Land use -residential VARIANCE: 7.3 feet rear/side yard for attached deck. The deck is technically in the side yard of the lot, but at the rear of the house. REASON FOR VARIANCE: The County Department - of Building Inspections issued a Certificate of Occupancy for the house and deck. The deck was constructed 0.7' from the side property line when the Certificate of Occupancy was issued. The occupants would have been acting in good faith to purchase a legal structure if a Certificate of Occupancy was issued for the house and deck. Also, a permit was issued in June of 1989 to modify the deck and remove 2' of it, which would leave the deck 2.7' from the side lot line. It would" be reasonable for the owners to continue to assume the deck location was valid. STAFF COMMENTS: Lot 69 is a corner lot, the front of which (shorter street frontage) is on Raven Road, so a 10' side yard is required between the house and lot 70. The original building permit for this house and deck shows a 25' yard between the house and lot 70. Since the Certificate of Occupancy was issued even though the structure did not meet the setbacks specified on the building permit, it would seem unfair to require the structure to be removed at this point. County of Frederick Variance May, 1991 page 2 The County building inpsection staff has been trained in setback requirements and no longer will pass footer inspections if the required setbacks are not provided. Neither will Certificates of Occupancy be issued unless proper setbacks are provided. This should eliminate such problems in the future. RECOMMENDATION: Approval. ACTION TAKEN AT 5/21/91 BZA MEETING: Tabled for 30 days. page 1 of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA -OFFICE USE ONLY - Variance Application No.006-91 Submittal Deadline4/26/91 Submittal Date 4-26/91 For the meeting of 5/21/91 Fee Paid yes initials: Sign Deposit yes Sign Return Date: 1. The applicant is the owner 2. APPLICANT: other XX . (Check one) OCCUPANT: (if different) NAME: County of Frederick NAME: Earl & Sylvia Pennington ADDRESS 9 Court Square ADDRESS: 276 Nightingale Ave. Winchester, Va. 22601 Stephens City, Va. 22655 TELEPHONE: 665-5666 TELEPHONE: 869-6006 3. The property is located at: (please give exact directions) Greenbriar Village, Section 2, Lot 69 - at 276 Nightingale Ave. (corner of Nightingale Ave. and Raven Rd.) 4. The property has a road frontage of 60.35 feet and a depth Of 165.25 feet and consists of 14,552 sq.fiacres. (please be exact) 5. The property is owned by Earl and Sylvia Pennington as evidenced by deed from Oakcrest Builders, Inc. recorded (previous owner) in deed book no. 644 on page 082 registry of the County of Frederick. 6. Magisterial District: Opequon page 2 of 5 • 7. 21-Digit Property Identification No. : 75E 3 2 69 8. The existing zoning of the property is: RP Residential Performance 9. The existing use of the property is: Residential 10. Adjoining Property: USE ZONING North Residential RP East Residential RP South Residential RP West Residential 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.) 7.3' rear/side yard variance for an attached deck. The deck is technically in the side yard of the lot, but at the rear of the house. 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 County Department of Building Inspections issued a Certificate of Occupancy for the house and deck. The deck was constructed 0.7' from the side property line when the Certificate of Occupancy was issued. The occupants would have been acting in good faith to purchase a legal 13. A HMW" " structure if a Certificate of Occupancy was issued for the house and deck. Also, a permit was issued in June of 1989 to modify the deck and remove 2' of it, which would leave the deck 2.7' from the side lot line. It would be reasonable for the owners to continue to assume the deck location was valid. 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 4894 Raven Rd. Stephens City, Va. 22655 Property ID# Leroy T. Foster, II 5E 3 2 70 Address 277 Nightingale Drive, Stephens City, Va. Property ID#75E 3 2 68 Bobby B. Lytton Address 279 Nightingale Dr., Stephens City, Va. Property ID# 75E 2 1 51 Gary__:& Connie Fox Address 278 Nightingale Dr. Stephens City, Va. Property ID# Stanley L. Paskel 1 52 Address 4R95 Raven Rd., Stephens City, Va. Property ID# David F. Spriggs 75E 3 2 157 Address Dr. Stephens City, Va. Property ID# 75E 3 2 158 Jeffrey A. Wilfong Address 2400 Valley Ave., Winchester, Va. 22601 Property ID# 75E 2 1 50 Molden Real Estate Corp. Address 4899 Raven'Rd., Stephens City, Va. 22655 Property ID# 75E 3 2 171 Dennis R. & Betty M. Welch Address Property ID# Address Property ID# Address Property ID# page 5 of 5 AGREEMENT VARIANCE # W_D-q� 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 APPLICAN i DATE SIGNATURE OF OWNER ,� TE %� oZrp� 71 ( if other than applicant -OFFICE USE ONLY- BZA PUBLIC HEARING OF ACTION: - DATE - APPROVAL DENIAL SIGNED: BZA CHAIRMAN DATE: y 0 � to s�[I®Iliwnr � oy O v � / izt -N 6804S'33"E 15 r CD b _ � 4 . • Cod 4 o _ o I^u Co 1 -T o rr7 Cl) h« N .L O T 9 V 0 fr = IRON f'/N Fa�/No �OY �Od,s /�/oY ,[,/6 i'�/YN/.V f7 i,/(/Q (�dS/4N/►TQ1� /00 i.F'r7.0 �'GoaD So,va-, AY YNG .%iMG � F %./ /3 .SG/i¢ Y6 Y .L o Y � i D /1/0 7' f�i9 ✓�' f� ,O,t � V61V.9 Y. /4'�"coRaEv /,v O6E0 Boo,•c 6/O - P,v�s .S9�z. • 0 COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/678-0682 TO THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) THE APPLICATION OF: The County of Frederick Variance application #006-91 of the County of Frederick for a 7.3' rear/side variance for an existing, attached deck situated on property belonging to Earl and Sylvia Pennington. This property is located at 276 Nightingale Avenue, Greenbriar Village, in the Opequon District and is identified as parcel 69 on tax map 75E. This request will be considered by the Frederick County Board of Zoning Appeals at their meeting of June 18, 1991 at 3:25 p.m., in the Board room of the old Frederick County Courthouse, Winchester, Virginia. Any persons having questions or wishing to speak may attend this meeting. Sincerely, W. Wayne niller Zoning Administrator r WWM/slk THE COURTHOUSE COMMONS 9 N. Loudoun Street - P.O. Box 601. - Winchester, Virginia - 22601 This is to certify tha*he attached correspondence was4kiled to the following on June 4, 1991 from the Department of Planning and Development, Frederick County, Virginia: David F. Spriggs County of Frederick 4895 Raven Rd. Attn: John Riley, Jr. Stephens City, Va. 22655 Earl & Sylvia Pennington Jeffrey A. Wilfong274 Nightingale Dr. 276 Nightingale Ave. Stephens City, Va. 22655 Stephens City, Va. 22655 Molden Real Estate Corp. Leroy T. Foster, II 4894 Raven Rd. 2400 Valley Ave. Stephens City, Va. 22655 Winchester, Va. 22601 Dennis R. & Betty M. Welch Bobby B. Lytton 4899 Raven Rd. 277 Nightingale Drive Stephens City, Va. 22655 Stephens City, Va. 22655 Gary & Connie Fox 279 Nightingale Dr. Stephens City, Va. 22655 Stanley L. Paskel 278 Nightingale Dr. Stephens City, Va. 22655 - 12 '4V - W. Wayne Mill -A-, Zonir,4 A inistrator Frederick Co ty Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK I, Debi D. Swimley , 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 June 4, 1991 , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this 4th day of My commission expires on June September 30, 1993 . to�', L �_i N4 0 t 1, NO RY PUBLIC 1991 OAKCREST COMPANIES Builders • Developers • Realtors 2023 Valley Avenue 703/665-0360 Winchester, VA 22601 June 3, 1991 Ms. Susie Keifer Frederick County Planning & Development 9 North Loudoun Street 2nd Floor Winchester, Va 22601 Dear Susie, Enclosed is a copy of the information in which I handed out at the BZA meeting on May21, 1991. If you have any further questions, or need any further information; please do not hesitate to contact me. JTV/sae Enclosure(s) Sincerely, Jim ickers Building Custom Homes Since 1974 • DOVE AND ASSOCIATES P. O. Box 2033 Winchester, Va. 22601 INSPECTION REPORT Permit # 1: <<2 Lot # Block # Section # Street Address Locations Subdivision Builderr- Time Temperature Weather InspectorP,;�.. 0 Footing Forms and Footing Subgrade with Frost Footing ❑ Basement Wall Forms and Temperature Steel Placement ❑ Asphaltic Damp Proofing Seal of Basement Walls for Backfill with Footing Drain ❑ Basement Wall Forms and Temperature Steel Placement ❑ Basement Floor, Structural Slab ❑ Garage Slab Subgrade and Base Stone Depth with Poly & W. W. Mesh ❑ Garage Floor, Structural Slab ❑ Other Date of Approval Date of Rejection The above items have been inspected and found to be in compliance with the requirements of the Virginia Uniform Statewide Building Code, the approved plans and Code requirements. Inspector Date v% 9-86 INVOICEs • BALANCE Set property corners and mark building FORWARD i restrictions line of Lots 95, 113, 114, 69, and 104, Greenbriar, Sec.II, in Opequon strict;, Frederick County,VA. —5 lots @ $150 per lot $750.00 $750.00 ........ ....._.__.._... _ _ ....._..--..__......... ..._........_....._..,_...._.._.._.._....- ...__. ._ ........-- GREENWAY ENGINEERING 7&vuk you & SURVEYING CO., INC. PLEASE ®Y LAST AMOUNT IN THIS COLUMN FORM NO. ST12N } FREDERICK COUNTY VIRGINIA CERTIFICATE OF USE & OCCUPANCY I HEREBY CERTIFY THAT THE STRUCTURE LOCATED AT Lot 69,11 Greenbriar Permit No. 13849 Earl Pennington NH-6 HAS BEEN INSPECTED AND COMPLIES WITH THE REQUIRE- MENTS OF THE VIRGINIA UNIFORM STATEWIDE BUILDING CODE. USE GROUP R-4 FIRE GRADING MAX. LIVE LOAD OCC. LOAD SPECIAL COND. DATE Building Official _u) r I LITHO IN U.S.A. page 4 0f 5 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 AdjoiningProperty T t tAddiil 0 $ tion a I Property Line ""'------------ -----=Center of Rood RoadSHOW THESE MEASUREMENTS ** SEE ATTACHED ** 0 COUNTY of FREDERICK i Department of Planning and Development 703/665-5651 FAX 703/678-0682 TO THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) THE APPLICATION OF: The County of Frederick Variance application #006-91 of the County of Frederick for a 7.3' rear/side variance for an existing, attached deck situated on property belonging to Earl and Sylvia Pennington. This property is located at 276 Nightingale Avenue, Greenbriar Village, in the Opequon District and is identified as parcel 69 on tax map 75E. This request will be considered by the Frederick County Board of Zoning Appeals at their meeting of May 21, 1991 at 3:25 p.m., in the Board room of the old Frederick County Courthouse, Winchester, Virginia. Any persons having questions or wishing to speak may attend this meeting. Sincerely, W. Wayne 7il:ler Zoning Administrator WWM/slk THE COURTHOUSE COMMONS 9 N. Loudoun Street - P.O. Box 601 - Winchester, Virginia - 22601 • • This is to certify that the attached correspondence was mailed to the following on May 7, 1991 from the Department of Planning and Development, Frederick County, Virginia: 15E 2 2 W 7 COUNTY OF FREDERICK ATTN: JOHN RILEY PC::NNINcYTON. E::ARL. R.& 76 NIGHTINGALE AVE:: :.•>'T'EPHE::NS CITY. VA. 2265".5— F O r'T'E R , LE ROY 'T' . 11: C/O L.k'ROY FOSTER R 4894 RAVEN ROAD ST'F:E:P1••ENS C:I:TY, VA. I...Y1"T'CJN, k+ClI:;I:+Y Fs,, C/O BOBBY L_YTTON 277 NIGHTINGALE AVENUE S'T'EPHEE:NS CITY, VA. FOX, C:AkY L. _ X C'ONNIE:. L. 279 1• IGHTINGAL.E:: DR. STI.EPH1:::NS CITY, VA. "1;;5E M'Ac31<E::L.. , ;:3'T'ANL..E::Y L. 278 NIGHTINGALE DR. STE PHE::NS CITY, VA. STATE OF VIRGINIA COUNTY OF FREDERICK I Debi D. Swimley 6 55__ 2 1 (i52 SPRIr,GS, DAVID I• C/O '3PRIGGS, DAVID F" 4895 RAVEN ROAD B T'E PHF.::NS CITY, VA. LJIL.F�'C)NCr, JE:F�'F'FcEE:Y A. r;:5E'.: 3 2 i5a y7♦t.4��I� NIGHTINGALE AVE . ST'EPHENS CITY. VA. 226;:55— i' OL DE:N REAL ESTATE c;c:]FriM, � wit;. 2400 Vr�L..i. EY AVE. )FtE1'r'] C) WINC.:Hk:ri'TER. VA. 22601 WELCH, DENNIS H:. 4899 75E 3 2 171. RAVEN RDi `>T1':PI-Ii:E:NS CITY, VA. ". 265r W. Wayne Miljr, Zoning ministra or Frederick Co my 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 May 7, 1991 has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this 7th day of May 199% My commission expires on September 30, 1993 NOTARY PUBLIC iov • Cp, % Qkc(•� . ,.. page 2 of 5 7 .. 21—Digit Property Identification No.: 75E 3 2 69 8. The existing zoning of the property is: RP Residential Performance 9. The existing use of the property is: Residential 10. Adjoining Property: USE North Residential East Residential South Residential West Residential ZONING 0 0 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.) 7.3' rear/side yard variance for an attached deck. The deck is technically -in the side yard of the lot, but at the rear of the house: 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 County Department of Building Inspections issued a Certificate. of occupancy for the house and deck. The deck was constructed 0.7' from the side property line when the Certificate of Occupancy was issued. The occupants would have been acting in good faith to purchase a legal. 13. amAw structure if a Certificate of Occupancy was issued -for the house and deck. Also, a permit was issued in June of 1989 to modify the deck and remove 2' of it, which would leave the deck 2.7' from the side lot line. It would be reasonable for the owners to continue to assume the deck location was valid. 0 p&ge 3 of .5 „J- 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 4894 Raven Rd. Stephens City, Va. 22655 Property ID# 5E 3 2 70 Leroy T. Foster, II Address 277 Nightingale Drive, Stephens City, Va. Property ID# 75E 3 2 68 Bobby B. Lytton Address 279 Nightingale Dr., Stephens City, Va. Property ID# 75E 2 1 51 Gary_, & Connie Fox Address 278 Nightingale Dr. Stephens City, Va. Property ID# Stanley L. Paskel 52 Address 48qS Raven Rd., Stephens City, Va. Property ID# David F. Spriggs 2 157 Address 274 Nightingale Dr. Stephens City, Va. Property ID# 75E 3 2 158 Jeffrey A. Wilfong Address 2400 Valley Ave., Winchester, Va. 22601 Property ID# 75E 2 1 50 Molden Real Estate Corp. Address 4899 Raven'Rd., Stephens City, Va. 22655 property ID# 75E 3 2 171 Dennis R. & Betty M. Welch Address Property ID# Address Property ID# Address Property ID#