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Home My WebLink About30-92 Robert W Russell - Stonewall District - Backfile1 07216217620-8 k rbT.,a+�za,; .�.n: r,. ,. � .. •r �`arw. w:R'JI..'.�^r�•acFV'dR:M: jFr..•.•.� .k't i COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 December 29, 1992 Mr. Robert Russell 521 DeHaven Drive Clearbrook, Virginia 22624 Dear Mr. Russell: This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their meeting of December 15, 1992. The Board approved your application, #030-92, for a 2.5' side yard variance for a concrete porch. This property is located off of Route 7 East on Covington Lane, in the Stonewall District, and is identified as GPIN 54L00010000270. Please call this office if you have any questions regarding your variance. Sincerely, Ronald A. Lilley Planner II RAL/slk 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 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 Depcsit DATE: December 17, 1992 The amount of $25.00 was deposited in line item #10-1911-08 f-:)r 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: Robert Russel; 521 DeHaven Drive Clearbrook, Virginia 2262-14 Please contact me if you have any questions. 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 0 BZA REVIEW DATE: 12/15/92 VARIANCE #030-92 ROBERT W. RUSSELL LOCATION: Off of Route 7 East, left onto Baker -Knight Street to Covington Lane. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 54L-1-27 PROPERTY ZONING & USE: Zoning - RP (Residential Performance) Land use - residential ADJOINING PROPERTY ZONING & USE: Zoning - RP (Res. Performance) Land use - residential and vacant Side - VARIANCE: 2.5' €a!� yard variance for a concrete porch REASON FOR VARIANCE: The applicant has checked the category "exceptional narrowness, shallowness, size or shape of a specific piece of property" and provides no further explanation. 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 indicates a setback of 12' on the left side, 22' on the right side, and 65' in front. As placed, the building has a setback of 7.5' on the left side, 27.3' on the right side, and 50.7' in front. It appears that the builder was simply not as careful as he should have been in placing the building on the property. The width, depth, size and shape of the lot is sufficient to accommodate the building, so the reason given does not support the request. 0 0 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. • 0 page 1 of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA -OFFICE USE ONLY - Variance Application No. 030-ga Submittal Deadline //- ZV -74 Submittal Date Ii-15-4 Y For the meeting of /2 - I '-q,� Fee Paid Sign Deposit initials: ,e— yes Sign Return Date: 1. The applicant is the owner 2. APPLICANT: NAME : We b Q. ADDRESS PC / C%tcx- Q . TELEPHONE: 2v.3 - 6 6 A - 91oz !/ other . ( Check one) OCCUPANT: (if different) NAME: � ca, r ADDRESS: TELEPHONE: 3. The property is located at: (please give exact directions) 67/7 -j- ir-yJ t7eC. 7q, hoc,,) L-e,-. r Z_e 4-- 4. The pro erty has a road frontage of feet and a depth of / 30 feet and consists of acres. (please be exact) 5. The property is owned by Qv 6f2z �a . as evidenced by deed from Z" ; Co,,,nor+�z recorded (previous owner) in deed book no. 7 % 7 on page 7 $ k registry of the County of Frederick. 6. Magisterial District: '5�017& Fw @[E0wISov t 3 page 2 of 5 • 0 7 . 21-Digit Property Identification No.: 5-11-14 f) 0 i -e d oa - c .7 8. The existing zoning of the property is: �2- 9. The existing use of the property is: 'ps i de41 41,-d 10. Adjoining Property: USE r North �?eS i Ci East .� South .� West ZONING m I 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 13. Additional comments, if any page 3 of 5 0 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 5tAY)I44 1 DORi'S Address ;Z/3 a!! h sae 01-12C. Ile- 32&d3 Property ID# L, a / -6) coo ' .Cni �orntvif/ Addres Property f- ID# D ' $J71 �Ssff �Go h ,may Xat 3S, Address _C mod' Q •ti asSg _ L Property ID# S-G „Od / _ Oo vU �c ! Address( tJ e7C .-I C SV v Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# page 5 of 5 VARIANCE # AGREEMENT I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Zoning Appeals (BZA) to grant a variance to the terms of the Frederick County Zoning Ordinance as described herein. I agree to comply with any conditions for the variance required by the BZA. I authorize the members of the BZA and Frederick Co. officials to go upon the property for site inspection purposes. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the BZA public hearing and maintained so as to be visible from the road or right -of -way -until the hearing. I hereby certify that all of the statements and information contained herein are, to the best of my knowledge, true. SIGNATURE OF APPLICANT' DATE / �y SIGNATURE OF OWNER ( if other than applicant) -OFFICE USE ONLY - DATE BZA PUBLIC HEARING OF JIZ" /" ` ACTION: — DATE — APPROVAL DENIAL SIGNED: BZA CHAIRMAN DATE: 0 0 ---------- -------- ----------------------------------- - -- -------- - .... ...... ............... - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 7- `7 Tn TITO 72t�r - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------- -------------------------------- ------- - ------------------ A -------------- -------------------------------------------------------------- A I /I . ) r czax)O R,uckman Engineering P.O. Box 86 • Winchester, VA 22604 e (703) 678-1216 Permit # �� c� Lot # Block # Section # Street Address Location Subdivision �'��"'y�'� w Builder Time Temperature Weather Inspector Footing Forms And Footing Subgrade With Frost Footing ❑ Minimum Setback Requirements In Compliance ❑ Basement Wall Forms And Temperature Steel Placement ❑ Asphaltic Damp Proofing Seal Of Basement Walls Of Backfill With Footing Drain Drain Tiles Are In Place And Located [ ] Outside [ ] Inside ❑ Basement Floor Subgrade And Base Stone Depth With Poly & W.W. Mesh ❑ Garage Slab Subgrade And Base Stone Depth With Poly & W.W. Mesh ❑ Garage Floor, Structural Slab ❑ Front Porch/Stoop Structural Slab ❑ Deck Piers ❑ Fireplace Hearth ❑ Fireplace Throat ❑ Other Comments: Date of Approval tq ° 2� A -�j - Date of Rejection Ruckman 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 local requirements. a CK I ; 40 i �URiaE 0C,fz0°✓F7vr S 6J7t'J 77- 7 sE1•rT �\7 \ \\ SPA CE —3 es .o u �� t .ao oo — S� -- 4 199t Aerh u 80.00' 9 J. 6 7 ft C J t t' E `t . J21 30 6j .' 95 70• 3a o,o Q 12a ot �= N Q r� Q OO fa N N V 2S Nl !1 O c 80 00' B£RKy,'IRE CIRCLE 50' 5 65'a0'33' E 533.29' ® 5 755 3 � o," 10 O e � 4 AA CO,stG 7Lty LAAE— Sas•.o•.u•E s0 R \ 3 �IOD' vXTU can rd II I O I � N1u 9 t 199j ,C,to So,� /b 'L 20• DRA04AGE FA7B&N1• �� + 'p N � cr I rn ar, h p " "b . DENOTES soN Roo TO BE SET ON LOT LIMES ® THE BULDNG I `' �., H• 3 �J SETBACK LINE. (Le. 35' from iv .11 road Right -of -Way) -SNA-*Dy H u$- 608 y S , .� Min. Front Setback � 35' i n (Untees othwwsse spedfled) Min. Rear Setback 25' Z / 8 — '3 7./pyl Mtn. SiG Setback 10, NRt7Nj178. F! All Lots an Sinflle Family Detached • Cluster. � N 3 `btu}• / All Lots are sut�ject to a to' Slope i DralnaQe 11 Ri hts f• Wa and a 10' Easement along a 9 •o y Utility Easement along an Prop" Unee. DATE: AUCUST 1, 1990 1 SCALE:1's100' 11115vt . cllffor� uto<tatca. Inc shec S ...,�, ,... t ._. of 3 t .,page 2 of 5 • 7. 21-Digit Property Identification No. : 5-Y4 6 O 0 OCw - C20 8. The existing zoning of the property is:- �2 _ j?. 9. The existing use of the property is: G�� ; CYO 41.4 10. Adjoining Property: USE Ff North /' es East � South West ZONING Z 11. Describe the variance sought in terms of distance and type. (For example - A 3' rear yard variance for an attached two car garage.) rr / 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 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 $uvY r7e-12 4 G ,C.Oi` 01 L Address ;),13 N h 1.ua c �-t/. h G'. Ile- Property ID,# cn i COM/Oa fy U�c oZ Addres Property ID# f �- YL f • 417C -�SSF 2G D o o / - Coco - O as - 3 .k Address _Gl. ?.0. �-r-7//��•( a? SSIf ;NGN_ Property ID,# s L- U d/ _ D D o U - 00 2- �c ! Address(V � <J - a7t SSA' Property ID,# SyL . 0 O Address Property ID# Address Property ID,# Address Property ID,# Address Property ID# Address Property ID,# Address Property ID# Address Property ID# i 0 COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 December 1, 1992 TO THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) The Application of: ROBERT W. RUSSELL VARIANCE APPLICATION #030-92 FOR: a 2.5' front yard variance for an attached concrete porch. This property is located off of Route 7 East, on Covington Lane in the Stonewall District, and is identified as GPIN 54L00010000270. This variance application will be considered by the Frederick County Board of Zoning Appeals at their meeting of December 15, 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, r W. Wayne Miller Zoning Administrator WWM/slk 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 u55 Q �l This is to certify th he attached correspondence wa iled to the followin on 1 December 1, 1992 from l"iie Department of Planning and De�Telopment, Frederick g County, Virginia: 54L 1 2'7 RUES?E L, O%ERT W 8. FR CES W RT F 26 CL. +0 V A . 22624-- 54L 1 26 GIVEN, SUMMER H TRUSTEE 213 COVINGTON LANE WINCHESTER, VA 22603-- JEN I COMPANY P O BOX 259e WINC:HESTE:R, VA 54L 1 2e 22604-- Robert W. Russell 521 DeHaven Drive Clearbrook, Virginia 22624 W. Wayne Mi Frederick 0 STATE OF VIRGINIA COUNTY OF FREDERICK Zer, Zoning (Administrator 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 December 1, 1992 , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this 1 day of December 1992. My commission expires on August 31, 1995 page 4 of 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 Adjoining Property S W o M Lion a I i Property Line ,( "--------------------=Center of Rood-------' Road O.SHOW THESE MEASUREMENTS • 8K777PG0788 THIS DEED, made this , day of 1992, by and between JENI COMPANY, A VIRGINIA CORPO TION, of the one part, hereinafter called the Grantor, and ROBERT W. RUSSELL and FRANCES W. RUSSELL, his wife, of the other part, hereinafter called the Grantees. a WITNESSETH: That for and in consideration of the sum of N 0) N �1 N Ten Dollars ($10.00), cash in hand paid and other valuable 41 %0 N consideration, receipt whereof is hereby acknowledged, the > U w x w0 x Grantor does grant and convey, with General Warranty and with 0 0 - A English Covenants of Title, unto the Grantees, as tenants by the N 0 entirety, in fee simple, with survivorship as at common law, ro a)9 u together with all rights, rights of way, privileges and appurtenances thereto belonging, all that certain lot or parcel of land, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, designated as Lot 27 o Huntington Meadows, Section I, (single family lots) as shown on .14 0 cthe Final Plat of Huntington Meadows, Section I, dated August 1, � o 1990, drawn by P. Duane Brown, C.L.S., of record in the Clerk's rt 0 Office, Circuit Court of Frederick County, Virginia in Deed Book 754, at page 621, et seq.; and being a portion of the same property which was conveyed to the Grantor herein, by deed dated May 1, 1989 from J. P. Darlington, et ux, and recorded in the aforesaid Clerk's Office in Deed Book 712, at Page 253. Reference is hereby made to the aforesaid instruments for a more particular description of the property herein conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property, and in particular, to those certain restrictions, covenants and conditions contained in the Deed of Dedication of Huntington Meadows, Sections I and II, dated September 10, 1990, of record Wtt1SOMaJOHNSTON ATTIOM[T/ AT M11 mN11ttTte. •Itt1111A rco BK777PG0789 in the aforesaid Clerk's Office in Deed Book 745, at Page 597, and in Deed of Correction to said Deed of Dedication dated February 1, 1991, of record in the aforesaid Clerk's Office in Deed Book 756, at page 265, which restrictions, covenants and conditions are incorporated herein by reference as if set out in full. The Grantor does hereby covenant that it has the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; that it will grant such further assurances of title as may be requisite. The execution of this Deed has been duly authorized by the directors of the Grantor corporation, and nothing in the Corporation Charter or By-laws reserves the power unto the stockholders to convey a part of the corporate real property. WITNESS the following signature and seal: JENI COMPANY, A VIRGI %h CORPORATION By. /•�_X/l Uw (SEAL) STATE OF VIRGINIA, AT LARGE, `( CITY/COUNTY of che.T4er To -wit: The foregoing instrument was acknowledged before me this day of Nj, 1992, by �;J1�, J. Tsirtx� as 1ire= PI&A;rler) ' of Jeni Company, a Virginia Corporation, on behalf of said EMELkli corporation. --� My commission expires VIRGINIA FREDERICK COUNTY, SCT./lam This instrype nt of writing was pr to ttie o ary Public MM\I\\M [ Jul \\T\\ 8y O Zs . a �mun� •T u� Cg was I and wdmitt d to record ith curflJczto r fax Iimpcsad ty thereto c.tSEI S?1.10 i� and 58•54 have Leon pad, if assessable. CLERK