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Home My WebLink About27-92 Granville Kerns - Shawnee District - BackfileRECEIPT N2 023580 AMOUNT DUE AMOUNT PAID $ 7] UO'c BALANCE DUE s PAID BY 1-1 CASH `n(� CHECK [.} OTHER FrEDERICK COUNTY P. 0. BOX 601, 9 COURT SQUARE WINCHESTER, VIRGINIA 22601 RECEIVED FROM ADDRESS .- ' M NG AND DEVELOPMENT DATE v THE SUM OFSCA 1C ,-.(A � ti /DOLLARS FOR I I •� �'r r'ee lJJ ,CYJ r e�ua(i a -few BY :1)18 no+5e+ 5i5G1 i0/.�3. DAYTIMERSREORDER No. 3221 - Printed in USA r-. + � ��` �� r � s: . �:< t� -:.. �;; �`� - .`�' IIli�� II �� . .. s �,� , �'i < � ��: "- _� . DATE: U S9 92 TIME: I p' lS NAME: 69,AjV/LLE /�RAIS ADDRESS: LoT A, rgogy RD) ProNE�rz I�E(Ca►-ti�� SSG. L TAX MAP: �515r- ZONING: r- rl L/ SUBJECT: o ��✓l,°7E� VIOLATIONNO: VAC IAAJ6E Af CC) g Z) PHOTOGRAPHER:^ L L , U ACOUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 MEMORANDUM TO: Finance Department FROM: Denice Cather, Clerk Typiszo, SUBJECT: Return Of Sign Deposit DATE: November 23, 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: David Jenkins 879 Dick's Hollow Road Winchester, Virginia 22603 Granville Kerns 3202 Valley Pike Winchester, Virginia 22602 Please contact me if you have any questions. 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 �J 0fILE COPY I November 20, 1992 Mr. Granville M. Kerns 3202 Valley Pike Winchester, VA 22602 Dear Mr. Kerns: 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. Your application #027-92 was approved for a 4.4' side yard variance for a house (under construction). This property is located at 130 Asbury Road in the Pioneer Heights Subdivision, in the Stonewall District, and is identified as GPIN 55F00010201160. Please do not hesitate to call if you have any questions. Sincerely, Ronald A. Lilley Planner II RAL/slk 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 • 0 Office Phone 662-7215 Rentals & Sales Office - Stores Apts. - Homes Warehouses Home & Bus. Sites Qa»ies (�R. (( ;lk ns & C lssoc2ates Home and Business Developments 13 South Loudoun Street Winchester, Virginia 22601 November 17, 1992 Mr. W. Wayne Miller, Zoning Administrator Department of Planning and Development PO Box 601 Winchester, VA 22604 Dear Wayne: Home Phone 662-6607 WW Reference is made to our letter of November 9, 1992 concerning the variances on Lots #116 and #28 in Pioneer Heights. We have studied both of these lots extensively since the previous letter was written. Wilkins Development Corporation owns some of the land adjoining these two lots that have asked for exemptions from the set -back lines. We have no objection to granting the exemptions and kindly request that you give United Builders and Granville Kerns approval. The home on Lot #28 has been completed. The foundation and basement is finished on Lot #116. It would be a terrible hardship on these builders if the variances were not granted. Hoping the committee will approve these requested. JRW/cg CC: United Builders Butch Kerns Sincerely, WILKINS DEVELOPMENT CORPORATION James R. Wilkins ' President ICE 0MC 1n I( I 1 7 i992 i u� L19 • 0 Office Phone 662-7215 Rentals & Sales (�� Office -Stores Apts. - Homes �. ( Ja"ies 1/� ;ns (�„ ssoc;czles Warehouses Home and Business Developments Home 6 Bus. Sites 13 South Loudoun Street Winchester, Virginia 22601 November 9, 1992 Mr. W. Wayne Miller, Zoning Administrator Department of Planning and Development PO Box 601 Winchester, VA 22604 Dear Wayne: Home Phone 662-6607 Reference is made to your letter of November 3, 1992 and my conversation with Ron Lilly concerning side yard variances on Lots #116 and #28. I am indeed sorry that it was necessary for the builder to apply for a side yard variance. However, I understand how it happened. I don't think there will be any serious problem if you grant the variance. I am confident it was just a mistake which we all regret. However, I hope the Board of Zoning Appeals will see fit to grant these two requests as I don't think it will effect the adjoining property owners. Mr. Lilly and I discussed this at some length on the telephone and I am taking every possible step to prevent this from happening again. Again, thanking you and Ron for your help in this matter. With best wishes, I remain Sincerely, WILKINS DEVELOPMENT CORPORATION James R. Wilkins President JRW/cg CC: Butch Kerns United Builders I ? 1592 • 0 BZA REVIEW DATE: 11/17/92 VARIANCE #027-92 GRANVILLE M. KERNS LOCATION: 130 Asbury Road, Section I of Pioneer Heights MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 55F-1-2-116 PROPERTY ZONING & USE: Zoning - RP (Residential Performance) Land use - residential ADJOINING PROPERTY ZONING & USE: Zoning - RP (Res. Performance) Land use - residential VARIANCE: 4.4' side yard variance for a house (under construction) REASON FOR VARIANCE: Mistake in property boundary location. When laying out the foundation, the applicant used the right rear corner pin (which was also staked by developer) as being the correct corner pin. After putting in the foundation, applicant discovered the pin used was incorrect and should never have been placed there at all, and that the pin that should have been used was approximately 6' north. STAFF COMMENTS: The required side setback in this district is 101, which is to provide for adequate light, air, and convenience of access and facilitate a convenient, attractive., and harmonious community. The building permit for the lot in question is for a 50' wide building on a lot that has 75' of street frontage and only 62' of width at the rear. In order to fit a 50' wide house and two 10' side setbacks, the lot would have to be 70' wide where the house is placed. Obviously, the proposed house would be a tight fit on this lot and would require very careful placement. The building permit shows a 10' setback for both the left and right sides. 0 0 The applicant's drawing of the existing situation shows a left side setback of 11.51. It appears that the builder was simply not as careful as he should have been in ascertaining the property boundaries and locating the foundation. The Code of Virginia requires that variances be based on "undue hardship" and the state's guidelines for evaluating "undue hardship" stipulate that a self-imposed condition, such as improper placement of a structure on a lot, does not constitute an "undue hardship". Nor does loss of monetary value or inconvenience to the applicant. Staff sees no proper justification for this variance request. STAFF RECOMMENDATIONS: Denial, based on lack of proper justification. • • page 1 of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA -OFFICE USE ONLY - Variance Application No. DAT 9A Submittal Deadline Submittal Date For the meeting of /i//7/9:)- Fee Paid (�e Sign Deposit yes initials: dds Sign Return Date: 1. The applicant is the owner 2. APPLICANT: NAME: a / �P'pm ADDRESS 1 ,Na Este ` TELEPHONE: ,� //�,/ •-� �� 3. The property is located at: other . (Check one) OCCUPANT: (if different) NAME: _ ADDRESS: TELEPHONE: (please give exact directions) e 4. The property has a road frontage of 7,5-- feet and a depth of /Xlo.4( feet and consists of acres. (please be exact) / 5. The property is owned by �if•�! t l �P� /)�',lfl as evidenced by deed from S 2 _ recorded (previous owner in deed book no. on page registry of the County of Frederick. 6. Magisterial District: c5lwawe'e_ Page 2 of 5 • • 7. 21-Digit Property Identification No.: �Si�-�1(%O Z- SOD/-ll� 8. The existing zoning of the property is: L/ 9. The existing use of the property is:lPiCe0� 10. Adjoining Property: USE ZONING North f'j l� �i�/� �Az'41'T- East South VrVe-A- r I - West 11. Describe the variance sought in terms of distance and type. (For example - A 3' rear yard variance for an attached two car garage.) it LSG L-A O-D Erg C M- 5 i !?Q CT'. 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 13. page 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 14,0.k4l5 �et! L�OXe Address Property ID#<�� r Address Property ID#. �v Address Property Cs%��r7�� c%o�cC►% Address��.�- Property ID#�S d_0�� GpOI Address Property ID# 7/ / /� Y/ Go /3 Address Property ID# —pOz -dao/ /3 Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# page 4 of 5 0 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 m T r t- -� Addi 14-- v a � lion � a Property Line i "- "- --- -- - - -- - - - --=Center of Road ------- Road SHOW THESE MEASUREMENTS d* sri:r9 7D V •j� o I �`` le1N o \ - 88 \ 70 01, O'` is /4,6P5 ¢ ti 10.00 � t►, N A.10.00 /aG�E /A:?I.54 C A' 23.54 ph I 1,07 S ; � 1J a�N� 18 ZS �, / 14, 447 ¢ o 14-Al- ' A:8 Op'��- 6 98 F A O O N Z/, 9/2 [� E �, 000, 65. 60 00 5 62.00' 60.00s 22Q044Z./l $ �b //4 --- - --- Xg' 634 \ ---- j ' 04rA/A/A4E 83� $ �rz _4 � rz: / ,- \ ?00 6.00 � q=7Z.00' q=7?Q�J' Q=72.00" A 6 oa•E AlI`- 1J p� I 1 G � I FINAL PLAT -- SECTION ONE PIONEER HEIGHTS SHAWNEE DISTRICT , FREDERICK COUNTY j VIRGINIA _SCALE: I" = 100' DATE JULY 28, 1989 Greenway En gineerinR & Surveuina i'n_. ��ALTH �Q � z+ H. BRUCE EDENS No. 162 B �'� !A,- �,4� page 5 of 5 0 is AGREEMENT VARIANCE # 0a7 -:IA 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 th- best of my knowledge, true. SIGNATURE OF APPLIC�Iw DATE Y SIGNATURE OF OWNER _ (if other than applicant) -OFFICE USE ONLY - DATE BZA PUBLIC HEARING OF ACTION: - DATE - APPROVAL DENIAL SIGNED: �w BZA CHAIRMAN DATE: t `_ I ?' ? ZZ • • November 3, 1992 COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 TO THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) The Application of: GRANVILLE M. KERNS VARIANCE APPLICATION #027-92 FOR: a 5' side yard setback variance for a house. This property is located at lot 116 in the Pioneer Heights Subdivision, in the Stonewall District, and is identified as GPIN 551700010201160. 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, a W. Wayn Miller Zoning Administrator WWM/slk 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 m This is to certify th the attached correspondence wa•ailed to the following on November 3, 1992 from t e Department of Planning and Development, Frederick County, Virginia: 55F 2 1 ii6 KERNS, GrRANVILLE M 3202 VALLEY PIKE WINCHESTER, VA 22601- 55F 2 1 LLO WILKINS DEVELOPMENT CORP. 7 S LOUDOUN STREET WINCHESTER. VA 22601— 55F 2 1 L17 GRAFTON SCHOOL , INC. P.O. BOX 112 BERRYVILLE, VA. 22611— STATE OF VIRGINIA COUNTY OF FREDERICK W. Wayne Mil er, Z ning Administrator Frederick C unty 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 ./�7L_' �0 • pa;3e 2 of 5 • / vlC �? v 7 . 21-Digit Property Identification No. 8. The existing zoning of the property is:� 9. The existing use of the property is : .%l� 10. Adjoining Property: USE ZONING North East —TT� South West 11. Describe the variance sought in terms of distance and type. (For example - A 3' rear yard variance for an attached two car garage.) LA O-D Eye !e �-1 C! . 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 thgreto 13. pag�; 3 of 5 0 r� 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.) 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