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HomeMy WebLinkAbout23-92 James B Jordan - Shawnee District - Backfiler� 042163-21374-8 D4216321374-8 • A 0421632.1374-8 I November 20, 1992 Mr. James B. Jordan, CPA 1619 Valley Avenue Winchester, VA 22601 Dear Mr. Jordan: FILE COPY COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their meeting of November 17, 1992. Application #023-92 for Donato Lanzetta was approved for a 5.2' side variance for a carport. This property is located at 1132 Wild Rose Circle, in the Green Acres Subdivision, in the Shawnee District, and is identified as GPIN 54C00020400570. Please do not hesitate to call if you have any questions. Sincerely, Ronald A. Lilley Planner II RAL/slk cc: Donato Lanzetta 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 0 ! BZA REVIEW DATE: 10/20/92 BZA REVIEW DATE: 11/17/92 VARIANCE #023-92 JAMES B. JORDAN LOCATION: At 1132 Wild Rose Circle in the Green Acres Subdivision MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 54C00020400570 PROPERTY ZONING & USE: Zoned RP (Residential Performance), land use - residential ADJOINING PROPERTY ZONING & USE: Zoned RP (Residential Performance), land use - residential VARIANCE: 5.2' side yard variance for a carport REASON FOR VARIANCE: Applicant states that because of the narrowness of the property and exceptional topographic conditions this variance is needed. He further states that the variance is needed to solve water problem in basement. STAFF COMMENTS: A visit to this property was made on October 6, 1992. It was observed that the downspout at the rear corner of the house is not connected to the drain pipe or directed away from the house. Water coming off the roof would fall right next to the walkout basement door and probably infiltrate into the house. Considering the slope of the land and how the drainage would have to occur it is not believed that granting this variance would in any way correct the water problem in the basement. Allowing this variance to put a carport in this side yard would significantly invade the light and air of the adjoining property and is considered inappropriate. It is unfortunate that the houses are so close together in this subdivision to restrict this type of structure but that is unavoidable at this juncture. STAFF RECOMMENDATIONS: No hardship is indicated or observed and proper protection of the adjoining property owner clearly indicates 0 ,this variance should not be granted. Recommend denial. BZA ACTION TAKEN 10126192: Tabled to allow time for members to view the property. ADDITIONAL INFORMATION (SINCE 10/20/92): The applicant has provided some text from a real estate law textbook pertaining to air rights and prescriptive easements for light and air. This text is included in the case information. Also, an adjoining property owner has provided a letter from the County Engineer regarding stormwater runoff related to the proposed construction. A copy'of the letter is included with the case information. ADDITIONAL COMMENTS (SINCE 10/20/92): With respect to the text on air rights and prescriptive easements, it should be noted that there are no such prescriptive easements in place on the subject properties. While the text notes that courts have refused to apply the concepts of implied easement to create easements for light and air, it should also be noted that the U.S. Supreme Court has upheld zoning ordinances in general and setback provisions in particular as a valid exercise of the police power of local governments. In any case, the apparent questioning of the validity of setback requirements is not within the purview of the BZA. With respect to the letter regarding stormwater runoff, it should be noted that the letter does not specify the amount of anticipated runoff resulting from the proposed construction. Rather, the letter states the policy that whatever runoff is caused would be required to be diverted to a designated drainage easement. Again, the applicant's "undue hardship" resulting from not having this variance is what needs to be proved. REAL ESTATE LAW Second Edition FRANK GIBSON The Ohio State University JAMES KARP Syracuse University ELLIOT KLAYMAN The Ohio State University ►". "Pon NNN Longman Financial Services Publishing, Inc. a subsidiary of Longman Financial Services Institute While a great deal of care has been taken to provide accurate and current in- formation, the ideas, suggestions, general principles and conclusions pre- sented in this text are subject to local, state and federal laws and regulations, court cases and any revisions of same. The reader thus is urged to consult le- gal counsel regarding any points of law —this publication should not be used as a substitute for competent legal advice. © 1987, 1983 by Longman Group USA Inc. Published by Real Estate Education Company/Chicago, a Longman Group USA company All rights reserved. The text of this publication, or any part thereof, may not be reproduced in any manner whatsoever without permission in writing from the publisher. Printed in the United States of America. 89 10 9 8 7 6 5 4 Sr. Acquisitions Editor: Richard Hagle Acquisitions Editor: Paul Revenko-Jones Sponsoring Editor: Jeny Sejdinaj Copyeditor: Chris Benton Cover/Interior Design: Robert L. Cooley Production Coordinator: Susan Gilbert Illustrations: Billy Fisher Library of Congress Cataloging -in -Publication Data Gibson, Frank F. Real estate law. Includes index. 1. Real property —United States. I. Karp, James. II. Klayman, Elliot I. III. Title. KF570.G51987 346.7304'3 86-26204 ISBN 0-88462-614=8 347.30643 34 Real Estate Law an operator may' not draw off gas from a neighbor's land in a manner that will unnecessarily deplete a common pool. A few states have adopted legislation defining the amount of land that must surround a well or requiring a specific distance be- tween wells. These are known as spacing statutes. Their purpose is to prevent waste and to give each surface owner an opportunity to take from the common pool. Other states attempt to control production so that each owner has a reasonable opportunity to recover a fair share of the oil and gas under his or her tract by pooling or prorating the allowable production of oil. Extensive regulation by the state is a fact of life where oil is in- volved. AIR RIGHTS Until recently, the traditional theory that whoever owns the soil owns to the heavens was sufficient to solve most disputes involving inva- sion of airspace. Airspace problems, which usually concerned over- hanging branches, bushes or eaves, were important to the parties but of little significance to society. With the advent of the airplane as a major means of transportation, courts and legislative bodies had to re- consider the old concept of absolute control of airspace. The early En- glish rule that airspace was an appurtenance to land, giving absolute and exclusive right to the owner "to the highest heavens;' was repu- diated. In general, the courts recognize that the public interest in effi- cient transportation outweighs any theoretical trespass in airspace. As long as air flight does not interfere with the owner's right to the effec- tive use of the space above his land, airplanes passing through this space are not trespassing In'brief, a landowner's exclusive domain ex tends at least to a height that makes it possible for the land to- e used in a reasonable manner. To this extent the owner of the surface has ab- solute ownership of the space above his or her land. Recently some important developments in real estate have been possible because the ownership of airspace may be separated from ownership of the surface. As population has expanded, investors have turned to space above land to satisfy both commercial and resi- dential needs. When an individual purchases a high-rise condomin- ium, that person is acquiring title to airspace. In metropolitan areas such as New York City and Chicago, railroads owning downtown property have separately conveyed airspace above the tracks to be used for commercial buildings. The purchaser acquires that space above the area needed by the railroad for its trains and a surface easement sufficient to support construction and facilities. SUMMARY Land is a limited commodity that is fundamental to human survival. Throughout much of history, land was considered a resource of the ,UmR n1a Vie.- NUJ mlBWA, 108 Real Estate Law factor is that the person claiming the right does not recognize a supe- rior claim or abandon the use during the prescriptive period. In addi- tion, the use does not have to be a continuous use by the same person. Most states allow tacking —the process of adding together periods of prescriptive use by a latter user who has succeeded to the interest of earlier users. Uninterrupted and continuous are not synonymous. Uninter- rupted re ers tot e failure of the owner of the land to act. For a use to be uninterrupted, the owner must not succeed in causing a discontin- uance of the use. The running of the prescriptive period is stopped when a discontinuance is effected: Prescription and Easements for Light and_Ai The energy crisis of the late 1970s has spurred interest in prescriptive easements. Owners considering installation of solar heating units in buildings need assurance of enough sunlight to operate the units ef- fectively. Operation of these units could be hindered if the owner of the adjoining parcel were to build a structure that would block much of the incoming light. Easements for light and air over a neighbor's land are a means of dealing with this problem, but the vast majority of American jurisdictions do not recognize this type of easement except !where the parties have entered into an express agreement creating it. English courts have recognized a doctrine of "ancient lights." This doctrine allows an easement for light after a prescriptive period of 27 years, but the "ancient lights" concept has been rejected consistently by American courts. i American courts have also refused to apply the concepts of im- Tied easement or easement by necessity to create easements for light and air.. The result is that the potential user of solar energy faces a sub- stantial cost to ensure the required sunlight to operate his or her unit. The prospective user of solar energy must bargain with neighbors to prevent blocking of the necessary light. Few property owners are will- ing to enter into .agreements restricting the height of buildings on their land because this might markedly decrease the land's value. 4TERMINATION OF EASEMENTS Although an easement is actually a nonpossessory interest, in many respects it resembles a possessory interest. Like an estate, an ease- ment may be created for a specific period, for life or for a designated purpose. Stump, who you recall granted an easement across his prop- erty to reach Lake Feather, might have limited the easement to a des- ignated number of years or until a road was constructed to the lake. When an easement is created for a period of time or a designated pur- pose, it terminates when either the time expires or.the purpose is ac- complished. Easements for life terminate when the measuring life October 28, 1992 Ms. Janet Collins 111 Wildrose Circle Winchester, Virginia 22601 Re: Stormwater Runoff from Adjacent Dear Ms. Collins: COUNTY of FREDERICK Harvey E. Strawsnyder, Jr., P.E. Director of Engineering & Inspections 9 North Loudoun St., 2nd Floor 703/665-5643 D_ ut; 2 8 1M U Proper y In response to your inquiry regarding stormwater runoff from adjacent property, I have reviewed Frederick County's policy and offer the following guidance. Any construction activities on adjacent property cannot cause additional stormwater flows to be diverted directly onto your property. In addition, any flows that are currently originating on adjacent properties cannot be rediverted to create permanent discharge points which could cause erosion or possibly flooding on your property. Any construction activities which encroach on your property boundary will be required to capture point discharges from downspouts and divert these flows via closed conduits to designated drainage easements. Our inspection department would closely review this installation to insure compliance. I trust that the above information will assist you in your efforts to avoid a future stormwater problem. Please let me know if I can be of further assistance. Sincerely, Ha ey Strawsnyder, r., P.E. Dept. o Engineering and Inspections cc: Wayne Miller, zoning administrator -- HES/gmp Fax: 703/678-0682 - P.O. Box 601 - Winchester, Virginia - 22604 page i of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA -OFFICE USE ONLY- �'f�1 Variance Application No.()2:3-9.3, Submittal Deadline S Mt+ 14�tQtz. Submittal Date q-X5-g->- For the meeting of o,,t �4ceeZ Fee Paid es-' Sign Deposit yes initials: Sign Return Date: 1. The applicant is the owner 2- PPLICANT• CpjCPA NAME: 1D. o�ATo � 47 � q V 1✓(` ADDRESS //3Y wr Cry 4v5* 0,tecE l 1._/.�yi u CC!/.,�C.�CCSTres� f ✓A• lgY o / rlV`/j TELEPHONE: 7�7O3 yes I win K- 703 — 4iG 7 ?�aT other . (Check one) OCCUPANT: (if different) NAME: R D w. vGrL ADDRESS: TELEPHONE: 3. The property, is located at: (please give exact directions) Gv /c.�o s Cam' ,r. �ie� i��2.�s ,C� r .f'�J ,�rcriu�✓ �f �i�lG�S T���- � {74i/.��/✓LG� CF9Nn/�--j I%,r�-� .r'1+4 4. The property has a road frontage of %C7 feet and a depth of /S'p feet and consists of .2-Veo acres. (please be exact) 5. The property is owned by .t)o .a ,*--T v 1-4,4 ZF TT A as evidenced by deed from —A "as R. 4U1 /,vS recorded (previous own r) in deed book no. jy7 on page % o o - 7o/ registry of the County of Frederick. 6. Magisterial District: SAA-t.✓A&AE. ESEP ,5� D gage 2 of 5 • • Iq 7. 2'1"-Digit Property Identification No.: .574/�f0c� 8 . The existing zoning of the property is: (Le,< 11 Q,I-.o k p���,„a.�� 9. The existing use of the property is: 10. Adjoining Property: USE ZONING North 0.e ..��� 1 V-V East Q,P South ( 2P West ` ( IRP 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 j wl �Q S 7-'ss,c Ar-7-- 13. Additional comments, if any (- �J >N - page 3 of 5 • • M�_ 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 2digit number.) f /� f�, -�A P,-.5 F%Zrcl"�'� V"A NAME ' /7 Di %t fn/itri6�� f� �►nn/ - (A f ,�� mow► In VIW h Vl'A-A✓l=- T G • Address //Vo Wi(-D 20SE C'fRCCe_ Property ID# �, .� '�c 0r — v -000 o os 6A_7- sr � � ,� u..q �l. Address / i � wi �� ,n,.o s ci *'t c C.E' Property ID# C gy o v poc q_ v a Sj SrrLr�,ac��-14 Address / / v7 CA t_-/LA hll z-z- 2)2t v'E Property ID# S'1i`CC)o-- -2- -00vU ._ q. '!7 i qi✓l� NJ / �sr�.y w/ZiM 1 Address //33 C°f/I�ot 14i" �2�►/� Property ID# t-q C do — y "-40 a cG - k/ % .ToS�da►+ W, /te�Ail �'. I�jRurH/�jr4cK Address C>=f�2 ffi Lc. �rt IV" Property ID# -000 � -JAMEs SRwICT tit. l.� 2 Address Property ID# � e rZ, Gh.erSTi-✓� EHEyC2 Address //3 A/rLb Property ID# f�f dc�oc� _ J� AO C. -7-D,y4 Address //-1,. 1465f �2C Property ID# / V Address Property ID# Address Property ID# Address Property ID# page 5 of 5 4 • AGREEMENT 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 2� i2=/�Y�sfj SIGNATURE OF OWNER&1',514 DATE L (if other than applic t) -OFFICE USE ONLY- BZA PUBLIC HEARING OF ACTION: - DATE - APPROVAL DENIAL SIGNED: BZA CHAIRMAN DATE: ! (` / ! ✓ �?2 i /a 'X 63 0 O Z�I S 447J 00' E 70. 00' EX. FENCE LOT 57 10,500 SO. FT i I x O O EX. POOL I I I x I � I x EX. I I L -T— 4.8 3 Sao• p O H EX. RESIDENCE .I r N Qk ry h Q � 9.4' Lo EX. -------- EX. ?a *• CONC. 20' BLDG LINE PADI — — — — — — PROP. ADDl710N r V N — PLA T SHOWING PROPOSED ADDITIIONS LOT 57 SECTION 4 GREEN ACRES DEED BOOK J20 PA GE 629 SHA KNEE DISTRICT FRE-DERICK COUNTY, ORG/N/A EX. FENCE x x FFx x j fi EX. SHED I I N 4473'00" W I I I I lu I 70.00' WILD ROSE CIRCLE 56' R/W THIS PLAT HAS BEEN PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT DA TE.• SE-PTEMBER 29, 7992 SCALE. 1 " = JO' AND DOES NOT NECESSARILY INDICATE ALL ENCUMBRANCES ON THE PROPERTY. PREPARED FOR: M/RAG' E BUILDERS W. O. # 92476 FL 000 NO TE.- ZONE: C COMMUNITY NO: 51006J PANEL: 0715 B DATE- 7-17-78 ARCHITECTS ENGINEERS Dm PLANNERS & ASSOCIATES SURVEYORS 3078 SHAWNEE DRIVE P.O. BOX 2033 WINCHESTER, VIRGINIA 22601 (703)667-1 103 11350 RANDOM HILLS ROAD SUITE 750 FAIRFAX, VIRGINIA 22030 (703)385-7414 i i COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 November 3, 1992 TO THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) The Application of: ,TAMES B. JORDAN VARIANCE APPLICATION #023-92 FOR: a 5.2' side yard variance for a carport. This property is located at 1132 Wild Rose Circle, in the Green Acres Subdivision, in the Shawnee District and is identified as GPIN 54C00020400570. This variance application will be considered by the Frederick County Board of Zoning Appeals at their meeting of November 17, 1992 at 3:25 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, 1 Y W. Wayn Miller Zoning Administrator WWM/slk 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 This is to certify t the attached correspondence w ailed to the following on November 3, 1992 fromMe Department of Planning and D lopment, Frederick County, Virginia: L.ANZ:E:T•TA, DONATO S4C 2 4 57 1132 WILD ROSE: C:IFiC:LIi: WINCHESTE:R, VA, 22601. -- COL.L.INS, JANE:T G. 54C: 2 4 Se 1.140 WIL.DE ROSE CIRCLE WINCHE:STER, VA, 226o 1 KL.INE, HE:FiTKF::RT & E:.` 54Cr, 1124 WILD RUSE: C:IF.CLLE"c:.L.L. M+ "`. 4 4 6 WINCHE:STER, VA . 22601_ SIRBAUGH, F CiF:F�ES3'i' E. 54C. 2 4 4e 112 T CHERRY HILL WINCHESTE:R, DR. ..1Ft. VA. 22601-- GRIME:S, DIANE: M 54C 2 4 47 '133 CHERRY HILL. DR_ WINCHESTE:R, VA. 22601. •- DRUMDACK , JOS3E PH 54C 2 W . & LEAH C.'. 4 49 1121 CHERRY HILL. DRIVE" WINCHE:STE:R, VA. 22601. -•• STATE OF VIRGINIA COUNTY OF FREDERICK 54C 2 4 64 FOSTER, JAME_'S D . & JANET M . 1143 W I LDROSE CIRCLE: WINC:HE:ST•ER, VA. K I E:L.ME:YE:R , PAUL.. R . & i.1:.5 WILD ROSE: CIRCLE W:I:NC:HE:STER, VA. 22601-- a4C 2 4 65 22601.— s4C: 2 4 66 T•OMAWESKY, RICHARD E. 1127 WILD ROSE CIRCLE WINCHE:STER, VA. 22601. — W. Wayne Mil r, Zoning Administrator Frederick Co m y Dept. of Planning I, Renee S. Arlotta , 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 November 3. 1992 , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this 3rd day of November ,1992 My commission expires on August 31, 1995 7 NOTAr PUBL page 2 of 5 0 t7. 2-f Digit Property Identif ication No 8. The existing zoning of the property is: 9. The existing use of the property is: 10. Adjoining Property: USE ZONING North �� a�.a t East -( South West V-V IL P 2P 11.) Describe the variance sought in terms of distance and type. (For example - A 3' rear yard variance for an attached two car garage.) ��i•L-1-r,'i+''�'=-t� r-U:� n;�, =;� i�-.,; :j'L� ,-'-/._�3 �=.�t,_ i -fie-;_ 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 13. Additional comments, if any A-n n Ur 0 A ;.1l. 1 9 icy /Ss le &.0 l; 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 iZ-digit number.) j/ oOF NAME &A Address Property ID# C 0 z.:-- A-45 Z-,i Wz Address Property ID# C- Address //1-7 Property ID# i A'V"PS A-1 Address /Z'- t Property ID# /!3 /-1 am A e-f< Address Property ID# Coo fV-I E- 15 AiJ�Z, T- �-J- r- Address //7L3 �V' Property ID# 00 -I E L/ tf tt Address Property ID#,. AA O Address Property ID# Address* Property ID# Address Property ID# Address Property ID# page 4 of 5 0 • 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 � Ij G T C N cD Addi ton �--► � o o_ Proert Line -'-'-------------------Center of Road-------' Road SHOW THESE MEASUREMENTS C f M4-.,&7 _ /&� 96.1, ,� kV4_0y A-7Ae-A4D • 0 COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 October 6, 1992 ,TO THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) The Application of: ,TAMES B. JORDAN VARIANCE APPLICATION #022-92 FOR: a 5.2' side yard variance for a carport. This property is located at 1132 Wild Rose Circle, in the Green Acres Subdivision, in the Shawnee District and is identified as GPIN 54C00020400570. This variance application will be considered by the Frederick County Board of Zoning Appeals at their meeting of October 20, 1992 at 3:25 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, W. Wayne Zoning Ac WWM/slk 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 This is to certify t the attached correspondence mailed to the following on October 6, 1992 fro a Department of Planning and w �elopment, Frederick County, Virginia: James B. Jordon 1619 Valley Avenue Winchester, Virginia 22601 2 4 57 L.ANZE::TTA , DONATO 1132 WILD ROSE CIRCLE: WINCHESTER, VA. 22601— ";4C: 2 4 58 COLLINS, JANE:T G. 1140 WIL.DE ROSE CIRCLE WINCHESTER, VA. 22601-- 54C 2 4 56 KLINE, HERBERT & ESTELLA M. 1124 WILD ROSE:: CIRCLE WINCHESTER, VA. 22601-- 54C 2 4 48 S I RBAUGH , FORREST E . ..JR . 11.27 CHERRY HILL.. DR. WINCHESTER, VA. 22601-- 54C: 2 4 47 GRIMES, DIANE M 1133 CHERRY HILL. DR. WINCHESTER, VA. 54C: 2 4 BRUMBACK , JOSE PH W . & LEAH 0. 1121 CHERRY HILL. DRIVE WINCHESTER, VA. 22601— STATE OF VIRGINIA COUNTY OF FREDERICK I, Debi D. Swimle 54C: 2 4 64 FOSTER, ,.JAME S D . & JANE'T' M. 1143 WILDROSE CIRCLE WINCHESTER, VA. 22601-- 54C 2 4 65 K I E:L.ME:YE:R , PAUL. R . h 1135 WILD ROSE CIRCLE WINCHESTER, VA. 22601-- 54C 2 4 66 T'(: MAL.E:SKY, RICHARD E. 3.127 WILD ROSE CIRCLE WINCHESTER, VA. 22601-- 49 Wayne Mil er, Zo ing Administrator 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 October 6, 1992 , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this 6 day of OCtober ,1992 . My commission expires on September 30, 1993 NOTARY PUBLIC 16167 gage 2 of 5 • t 1 7. 2-%Digit Property Identification No.0 C> 8. The existing zoning of the property is: ��� ; �Q���o t pw 9. The existing use of the. property is: 10. Adjoining Property: USE ZONING North Qe t 1 East Q-e- �� ( South ( West " �.P 2P (2.t' 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 reasons) 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^= - 1 �u... K /) G� l `= .._i :. C.. �' !� V�.1 •'+- G�� J^ v;Ti ! /s=%-may 13. Additional comments, if any an oci vGti /J / VIA- /� �T GA & , ,— / S o- /5 2 n r� �+ frJ-r-ram '7 G� / % IA d ( � ^� r/-,e- --(G // y .0 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 ?-digit number.) 9,-- "oor oe D 'Ird4.,46411-7�-A - 7�ACr W T' V tl�-I?- NAME VJW h -%-- ""S Address 11440 W)4-0 Property IDJ . j-�C CO c;� 1_ _00 0 y. 0 OT 17 . � 11-13 6 A-7,- S 77S: 4-" Af' i .macProperty Address ID# 4ep 0 ,70 X.,,X S— 4-,/-/ Address -7 Z, CA 2rZi vZ Property ID# 0 ;? C.4 4/ 1 "Y rz- Address 33 6#4FA11-2 Property ID# U M Address -2-/, ed4c"t" 1q, Property ID# C © 0 --, -Oro Ik fk A J r,'-r M. Address /) 47" 3 W t I-o P-,j .5 Property ID# La 0 coo Olf C/ -Z'Gh.e, sj-f-j J<'i 5 �- Al E y eF /t Address Property ID# J-4f C (30 C. 7 Address //'7,7 tVICD I2e5f Property ID# 0 6 Address Property ID# Address Property ID# Address Property ID# # 2 9 4 6 JAMES R. WILKINS, INC. * + TO: .: :: , DEED, * ,I ' DONATO LAN•l,I_:TTA BOOK 527 mu 700 THIS DEED, made this' day. of i' /% 1980 by and between James R. Wilkins, Inc., a Virginia Corporation, of the one part, hereinafter called the Grantor, and Donato I HARRISON t JOHNSTON ATTORNCTR AT LAW OINCNCRTCR. VIRGINIA Lanzetta, of -the other part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum c Teri Dollars ($10.00), cash in hand paid and other valuable c,��n- sideration, 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, together with all rights, rights of way, privileges and appurtenances thereto belonging, All that certain lot or parcel of land located in Shawnee Magisterial District, Frederick County, Virginia, more particularly described as Lot 57, Section 4, on a plat and survey of Green Acres Subdivision dated September 9, 1965 and prepared by Richard U. Goode, C.L.S. of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 320, at Page 629; and being a portion of the same property which was conveyed to James R. Wilkins, Inc. by Oi ed of Leroy F. White, et ux, of, record in the aforementioned Clerk's Office in Deed Book 302, at Page 689. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty. , WITNESS the following signature and seal: JAMES R. WILKINS, INC. / ek Pre dont STATE OF VIRGINIA, (i I1 L OF - , , To -wit: NotaryPublic in and for the State and aforesaid, do certify that I 1 i � II /U1 HARRISON A JOHNSTON ATTOAIICTI AT LAW WINCNCiT[R, ►I18INIA BOOK S27 PALE 701 James R. Wilkins, whose name as President of James R. Wilkins, Inc., is signed to the foregoing writing, bearing date on the --� day of —14, �-" w 1i.r, , 1980 personally appeared before me this day in my said and in the name and on behalf of the said Corporation, acknowledged the said writing as the act and deed of the said Corporation, and made oath that he is President of the said Corporation. Given under my ?sand this �- day of � (� I t 1980. L My commission expires Notary VMGINiA FRWERICK COUNTY, SCT. `This iastnment of 'tin was produced to me on iho day of , 19_�_ , at /� i9• /yj and with certificate of acknow edgmeat thereto Anne cal �+f .i admitted to record. Tax imposed by Sac. 3ti•a4.1 of and 56-54 have been paid, if a►ve:oub,�. Ciert< 2 - 4- I J COUNTY of FREDERICK Harvey E. Strawsnyder, Jr., P.E. Director of Engineering & Inspections 9 North Loudoun St., 2nd Floor 703/665-5643 October 28, 1992 Ms. Janet Collins 111 Wildrose Circle Winchester, Virginia 22601 Re: Stormwater Runoff from Adjacent Property Dear Ms. Collins: In response to your inquiry regarding stormwater runoff from adjacent property, I have reviewed Frederick County's policy and offer the following guidance. Any construction activities on adjacent property cannot cause additional stormwater flows to be diverted directly onto your property.. In addition, any flows that are currently originating on adjacent properties cannot be rediverted, to create permanent discharge points which could cause erosion or possibly flooding on your,property. Any construction activities which encroach .on your property boundary will be required to capture point discharges from downspouts and divert these flows via closed conduits to designated drainage easements. Our inspection department would closely review this installation to insure compliance. I trust that the above information will assist you in your efforts to avoid a future stormwater problem. Please let me know if I can be of further assistance. Sincerely, Ha ey Strawsnyder, r., P.E. Dept. o Engineering and Inspections cc Wayne Miller, zoning administrator HES/gmp Fax: 703/678-0682 - P.O. Box 601 - Winchester, Virginia - 22604 Ruckman Engineering RE November 4, 1992 Ms. Janet Collins 1140 Wild Rose Circle Winchester, VA 22602 RE: Variance Application #022-92 Green Acres Subdivision Frederick County, Virginia Dear Ms. Collins: This report presents our comments and recommendations with regard to Frederick County Variance Application #022-92. This application requests a 5.2' side yard Variance fora carport. The application states that the variance is.needed because of the narrowness of the property and exceptional topographic conditions. The application also states that the variance is needed to solve a water problem in the basement. First, it is my understanding that a "hardship" condition must exist for the BZA to grant approval. Also, approval of a "hardship" condition must not adversely affect adjoining property owners. It is my professional opinion that "no" hardship condition exists. Most every, lot in Green Acres is narrow and possesses, similar topographic conditions. The BZA would be setting a dangerous precedent. The lot narrowness and topographic conditions are two primary reasons why this variance should not be granted. Why make a bad situation.worse? Second, it is my professional.', opinion that the addition of this carport will not solve the water problem in the basement. In fact, the addition of. this carport will obviously produce an increased surface water runoff condition directed at your property. There is no place else for the water to_go'. Third, the existing house already does not conform with the side yard setback requirements along the left side (opposite end from the proposed carport). There is no logical reason to allow a second non -conforming condition, to take place on the same property. Fourth, approval of this variance by the BZA will severely restrict the use and appeal of your property. Will the BZA grant your property a 5.2' variance at the same time this variance is granted? Since your driveway is located along the adjacent property line to the proposed carport, you should be afforded the same setback privileges. Fifth, fire safety becomes a major concern when structures are spaced too close. Spacing is particularly important when the structures are wood frame and access is limited to the front. A severe slope along the rear of your property effectively prevents P.O. Box 86 * 20 E. Piccadilly Street, Suite 12 * Winchester, VA 22601 * (703) 678-1216 * Fax (703) 678-1217 Ms. Collins November 4, 1992 Page 2 another route of emergency access. The existing house at 1132 Wild Rose Circle (without the carport) is +/- 27 feet from the left side of your house. With! '-the carport, that distance is now reduced to +/- 17 feet. This is a 37% reduction in your fire buffering distance. Any firefighter will agree that it becomes extremely difficult to prevent fire and/or heat damage to an adjacent "wood frame" structure at this distance. In summary', I strongly agree with the Frederick County Staff Recommendation that approval of this variance should not be granted. The reasons presented for requesting this variance are not "hardship" conditions, and it is obvious that the addition of this carport will not solve any existing basement water problem. Furthermore, several significant adverse conditions will be created by approval of this variance application. The setback requirements of this subdivision must be enforced and upheld by the BZA to maintain a minimum development standard. A significant amount of time and effort has been spent by the County staff preparing minimum development standards. Relaxation of these minimum standards in this case will clearly open the door for other requests. It will be 'virtually impossible for the BZA not to approve any variance request in this subdivision, if this application is approved. I hope the information provided is of use in your case. Please feel free to,call, if you have any questions regarding this report. Try 0 g G� 0, R1tHARD A. RUtKMAN U #16140 -O� O �SS�ONAt � Sincere , Richard A. Ruckman, P.E. I'NOWa3 686E 3003 DN1113M-a L Al I wv:j OMl Puy 3NO 0 ding K,, One and Two Family Dwelling Code R-202.3 Continuity: The common wallfor townhouses. shall be continuos, '., from the foundation to the underside of the roof sheathing, deck or slab and , Table No. R-201.4 MINIMUM UNIFORMLY DISTRIBUTED LIVE LOADS shall extend the full length of the common wall. Parapets shall be provided for townhouses as an exten- LIVE LOAD E R-202.4 Parapets: lion of the common wall in accordance with the following: at the same elevation, Balconies (exterior) 40 40 1. Where roof surfaces adjacent to the wall are extend not less than 30 inches above the roof sur- 40 the parapet shall apes so s (passenger cars only)l0 in 12) F17 faces, 2. Where roof surfaces adjacent to the wall are at different elevations 30 inches above the lower no storage with roof slope not steeper than 3 20and limited attic storage) ao the higher roof is not more than the parapet shall extend not less than 30 inches above the g units (except sleeping rooms)30lower roof, roof surface. g rooms 40 Exception: A parapet is not required in the two cases above the roof is covered with a minimum Class C roof cover- when ing, and the roof decking or sheathing is of noncombustible materials or fire -retardant -treated wood for a distance of 4 feet 'Type R-201.6 Deflection: The al the approved Five load shall not exceed I/2ao of the span• n each side of the wall, or one layer of 5/8-inch X gyp_ oil of the roof decking or under board is attached to the underside 4 feet on each side of the wall. Exceptions l Deflection shall not exceed 1/360 of the span for floor construction sheathing for a distance of adjacent to the wall : and plastered ceiling construction. 2. Deflection shall not exceed 1/1 so of the span for high slope (over load. re where roof surfaces l p parapet is not require are at different elevations and the higher roof is more than 30 inch- from the lower roof 3 inches in 12 inches) rafter construction with no ceiling exceed I/Igo of the vertical span for interior es above the lower roof. The wall construction to the underside of the higher roof deck shall have not less than a 3. Deflection shall not I -hour fire -resistive rating. The fire -resistive rating shall be rated walls or partitions. for exposure from both sides. SECTION R-202 — LOCATION ON LOT RNO dependence: Each individual townhouse shall be m proeserr' R-202.1 Exterior walls: Exterior walls located less than 3 feet from rating. T _ u aStructural Y �n� eP nde t. -ty lines shall have-not less than a 1-hour.fire-resistive -live rating of exterior walls located less than 3 feet from property line shall Exceptions common walls. be rated for exposure from both sides. fire wall is permitted for 1 • Foundations supporting _ I . Nonstructural wall coverings. isupport Exception: A common 2-hour -resistive hanical equip- if such walls do not contain plumbing or in Elect 4. The llo loing werunit of a two-story �duplex rmay structurally the townhouses Electrical instal- meat, ducts or vents in the cavity of the common wall. to electrical wire installed in raceways and electrical upper unit. lations are limited outlet boxes. outlet boxes shall not exceed 16 square inches in cal 0 SECTION R-203 —:LIGHT AND VENTILATION ' All habitable rooms shall be provided with ag- Metallic electrical surface area. The atte surface area of the boxes shall not excccd Surfacefeet of wall area. Metallic outlet R-203.1 llabitable rooms: gregate glazing area of not less than 8 percent of the floor area of such be openable. square inches for any IDO square q shall be separated by a minirnuin dis- rooms. One-half of the required area of glazing shall boxes on opposite sides of walls tance of 24 inches. Metallic electrical outlet boxes shall be installed in accordance with Exceptions 1. The glazed areas need not be openable where an approved capable of producing a their listings. in. exterior walls of mechanical ventilation system is provided change of air every 30 minutes and the opening is not required by R-202.2.Openings: Openings shall not be permitted dwellings located less than 3 feet -from -the property line: Section R-210. The areas may be omitted in rooms where an approved 2. glazed mechanical ventilation system is provided capable of producing a 11 Frederick County Board of Zoning g Appeals t1J:Lt_If_t"lF'st•er, Virginia in. Res: , R: ci 1 .l. <a n C e Application 5.2' side yard for - � i carport-. The Application Of ._A ki- B. :7r1'. D 'w. PETITION TO DISALLOW VARIANCE FROM ZONING LAW toe.', the undersigned undeis:_Ll@d property owners, petition the Frederi ck County Board of "!lt"g Appeals to disallow the variances from te zoning laws s-.1f: by Mr. James B, Jordan, appJ.:t.Ci=nt, for property owners, Mr. and Mrs Donato i._.ct'ilze ta, WCircle,Winchester, Virginia, Green Acres of 1132 Wild �_; Rose .a .L 1...: Subdivision, in the Shawnee Dis>t•rict and is identified as ,a I ` l 1`•a ri4CC)017204 10570, which we•l..ild allow new construction next to their property line for t•f...le, purpose of building t_-1 carport; which variances were denied by t. t'1 r' the Zoning Mr. W, Wayne f'17.1.1.E'.r, because the construction and use would violate the zoning laws. the variance Our property is neighboring and of feCt-r_'i�, ali� _ will be harmful toprt=propertyvvalues for the engirt.:: nl::.'1Cihborh ii „j and would authorize a nonconforming use Of residential property, all of which would violate the spir-it and purpose of the zoning laws. NAME ADDRESS c ............ . Frederick County Board of Zoning Appeals Winchester, Virginia In . r � : Variance Application 0'i... : c4 52 ' side yard for carport. The Application of jAMES B . _11.. RD(aN . PETITION TO DISALLOW VARIANCE FROM ZONING L t'::, W We, the undersigned property owners, petition the Frederick County Board of Zoning Appeals to disallow t h e variances from m the zoning laws sought by Mr. James E . •_I o'i' � Ica) n , applicant, for property owners, Mr. and Mrs Donato l._anzfi.'•.tt:a, of 1132 Wild Rose Circle, Winchester, Vinginia, Green Acres, Subdivision, in the Shawnee District and is identified as GP I N 54C;0c=r`_04c" 0570 , which would allow new construction next to their property line for the purpose-' of building d carport; which variances were denied by the the Zoning Administrator, Mr. W. Wayne Miller, because the construction and use would violate he zoning laws. Our property is neighboring c1nd affected, and the variance will be h:armful to property values for the entire neighborhood and would authorize a nonconforming use of residential ial property, all of which would violate the spirit. and purpose of the zoning laws. NAMEFa D R E'=::: ; ----------------------------------------------------------- November 5, 1992 TO WHOM IT MAY CONCERN: Being unable to attend your hearing in person, we, the undersigned would appreciate your consideration of our feelings regarding the variance requested by Mr. Jordan, located on Wild Rose Circle in Green Acres. It is our opinion, based on what we have seen in the back yard and back porch, that this carport addition will further the problem of the highly visible placement of trash and garbage that often accumulates. The rationale that this addition will stop the water from entering the basement is ludicrous. Water is kept out of basements by proper drainage and grading. Considering the fact that recent concrete work done at this location causes several inches of water to stand in the front yard, it is understandable that we are concerned about additional construction causing drainage problems on the adjoining property. And past experience has shown that once the work is completed and the contractor is gone, nothing will ever be done to correct the problem. We are genuinely concerned and would appreciate your attention to this matter. Signed Address Date November 5, 1992 TO WHOM IT MAY CONCERN: Being unable to attend your hearing in person, we, the undersigned would appreciate your consideration of our feelings regarding the variance requested by Mr. Jordan, located on Wild Rose Circle in Green Acres. It is our opinion, based on what we have seen in the back yard and back porch, that this carport addition will further the problem of the highly visible placement of trash and garbage that often accumulates. The rationale that this addition will stop the water from entering the basement is ludicrous. Water is kept out of basements by proper drainage and grading. Considering the fact that recent concrete work done at this location causes several inches of water to stand in the front yard, it is understandable that we are concerned about additional construction causing drainage problems on the adjoining property. And past experience has shown that once the work is completed and the contractor is gone, nothing will ever be done to correct the problem. We are genuinely concerned and would appreciate your attention to this matter. Signed Address Date %Veee c_CC, /,- /" - November 5, 1992 TO WHOM IT MAY CONCERN: Being unable to attend your hearing in person, we, the undersigned would appreciate your consideration of our feelings regarding the variance requested by Mr. Jordan, located on Wild Rose Circle in Green Acres. It is our opinion, based on what we have seen in the back yard and back porch, that this carport addition will further the problem of the highly visible placement of trash and garbage that often accumulates. The rationale that this addition will stop the water from entering the basement is ludicrous. Water is kept out of basements by proper drainage and grading. Considering the fact that recent concrete work done at this location causes several inches of water to stand in the front yard, it is understandable that we are concerned about additional construction causing drainage problems on the adjoining property. And past experience has shown that once the work is completed and the contractor is gone, nothing will ever be done to correct the problem. We are genuinely concerned and would appreciate your attention to this matter. Signed Address Date C;c al - r COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 MEMORANDUM TO: Finance Department FROM: Denice Cather, Clerk Typist SUBJECT: Return Of Sign Deposit .DATE: November 24, 1992 The amount of $25.00 was deposited in line item #10-1911-08 for the person named below as a deposit for a sign. They have now returned the sign and are therefore entitled to the return of their deposit. Please send a check in the amount of $25.00 to: Donald Lanzetta 1132 Wild Rose Circle Winchester, Virginia 22601 United Builders P.O. Box 652 Berryville, Virginia 22611 Please contact me. if you have any questions. 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604