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Home My WebLink About03-88 Elmus R Hiett - Shawnee - Backfilei. 1 COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 May 6, 1988 Mr. Elmus R. Hiett Route 2, Box 208 Winchester, Virginia 22601 Dear Mr. Hiett: This letter is to confirm the Frederick County Board of Zoning Appeals' action at their meeting of April 19, 1988: Approval of Variance Request #003-88 of Elmus R. Hiett for a 26 foot front yard setback variance and a five foot side yard variance for an addition to the College Park Church. This property is located on Route 50 East at Purdue Drive in the Shawnee Magisterial District. If you have any questions regarding your variance, please do not hesitate to call this office. Sincerely, Robert W. Watkins Planning Director RWW/dkg 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 VARIANCE #003-88 Elmus R. Hiett LOCATION - College Park Church on Route 50 East at Purdue Drive, across from K-Mart MAGISTERIAL DISTRICT - Shawnee TAX MAP & PARCEL NUMBER - Tax Map 64, Parcel 112 LAND USE AND ZONING - Residential land use, and RP (Residential Performance) zoning ADJACENT LAND USE AND ZONING - Residential land uses, and RP (Residential Performance) zoning PROPOSED USE AND IMPROVEMENTS - A 40' x70' addition to the existing church VARIANCE - A 26 foot front yard setback and a 5 foot side yard setback REASON FOR VARIANCE - This particular lot is too shallow to permit the enlargement of the church. BACKGROUND INFORMATION - The applicant wishes to construct a church addition (40' x 70') to the front (west) of the existing structure. A 35 foot front setback is required and a 15 foot side yard setback is required. The proposed addition will be a foot from the front property line, 28 feet from the center of Perdue Drive, and 10 feet from the right property line. A 26 foot front and 5 foot side variance is required to construct this building as proposed. STAFF COMMENT - A site plan and a building permit must be applied for and approved prior to construction. ' I APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA Variance Application No. p 3-88 Submittal Deadline is Application Dite C% a 8 For the Meeting of Fee Paid &J�. 1. The applicant is the (owner) (other) (check one) 2. NAME: �- OCCUPANT: (If other than applicant) ADDRE o Y NAME: -Zc,p ADDRESS: _ TELEPHONE: TELEPHONE: 3. The ro erty is located at (please give exact directions) rn o M tl 4. The property has a frontage of 16 feet and a depth of 1/ feet and consists of �_ acres. (Please be exact) i i 5. The property is owned by �_ cc-LtrF i��ilKCf%U/T'C�f as evidenced by deed from recorded in deed boo no._ on page t ?Z registry of the County of 6. This property is designated as parcel no. // on tax map no. in the.,r , Magisterial District. 7. Property Identification Number: Go��-,qi„-p�(i��-00�O�j•�_ /i//.l-U 8. The existing zoning of the property is: l �g,��c(�.wG.-c��M,,• c. 9. The existing use of the property is: J114 10. The adjoining properties zoning is: 11. The adjoining properties land use is: VA4� . ll. L'e , 12. Describe the variance sought in terms Of�divtance and type. (For example - A 3' rear yard variance f r anL/atta hed twof car garag) 13. List specific reason(s) why the variance is being sought in terms of: V 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 1 Page Two Variance 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) NAMR 1. �12c6zJE��' 6AQ Address: ..r-o --,"• pl; nvF_— Property D#: 40 - v 2. Address: . Property ID#: 3 . �f�%��✓l AIYAI V/C � Address: -- j3> 06 Property ID# 4.� jj,� z39q. pie c'E Address: Property ID#: 5. Address: Property ID#: 6. Address: Property ID#: 7. Address: Property ID#: 8. Address: Property ID#: 9. Address: Property ID#: 10. Address: Property ID#: 15. Additional comments, if any I (we), the undersigned, do hereby respectfully agree to comply with any conditions required by the Board of Zoning Appeals of the County of Frederick, Virginia, and authorize the members of the Board of Zoning Appeals or a representative of the County to go upon the property for the purpose of making site inspections. I/we hereby depose and say that all of the above statements and the statements contained in any exhibits transmitted are true. NETT Signature of Applicant:-�ry1w) �/ �/ L�//C �4 �E� Date Signature of Owner: C 11cw,, /3 �,�_,, Date For Office Use Only BOARD OF ZONING APPEALS PUBLIC HEARING ACTION OF (date) F7Approval 17 Denial CHAIRMAN: Pz-R 0 vE vRIV I / ICE' R 7- AA� IA- �� Fi•*. �� fig; � c � O Y O � • O; O avm �od � i 0 1 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA OD Variance Application No. 0-3-00 Submittal Deadline is Application D to a�-a-8 $ For the Meeting of Fee Paid WWJ�. 1. The applicant is the (w er) (other) (check one) 2. NAME: OCCUPANT: (If other than applicant) ADDRE o e NAME: • ,„� -z L p ADDRESS TELEPHONE: -_41 K4 TELEPHONE: 3. The property is located at (please give exact directions) 4. The property has a frontage of c Q feet and a depth of ZE feet and consists of acres. (Please be exact) 5. The property is owned by evidenced by deed from recorded in deed boo no. �{ on page registry of the County of W 7. 8. 9. 10. 11. 12. 13. This property is designated as parcel no. // on tax map no. ,Lz- in the ; ,---, ., Magisterial District. Property Identification Number: 1o� ,y?/,Q _ DOo The existing zoning of the property is: R P _/ The existing use of the property is: 1144 The adjoining properties zoning is: &Z&.Gu4 The adjoining properties land use is: Describe the variance sought in terms of di *ance�and type. (For example - A 3' rear yard vyiance f r an atta hed two car Aarag ) List specific reasons) why the variance is being sought in terms o�/f: k� 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 Page Two Variance 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 1. Address: P rope rt� �D# : 01 _ � _ /Z.. 2. Address: Property ID#: � bo �3 . Address: Property ID# 4.P Address: Property ID# : 5. Address: Property ID#: 6. Address: Property ID#: 7. Address: Property ID#: 8. Address: Property ID#: 9. Address: Property ID#: 10. Address: Property ID#° +5. Additional comments, if any I (we), the undersigned, do hereby respectfully agree to comply with any conditions required by the Board of Zoning Appeals of the County of Frederick, Virginia, and authorize the members of the Board of Zoning Appeals or a representative of the County to go upon the property for the purpose of making site inspections. I/we hereby depose and say that all of the above statements and the statements contained in any exhibits transmitted are true. Nib C Signature of Applicant: �,� Date Signature of Owner: (``v14C, 13,,1, IA:�i4 Date or Ottice Use Only BOARD OF ZONING APPEALS PUBLIC HEARING ACTION OF (date) 7 — Approval Denial CHAIRMAN: w-� Page Three Variance 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 photo- graphs with this application. - EXAMPLE 1V Adjoining Property YOUR PROPERTY Adjoining Property T 2 o fD J `G T t r— Add Lion i, d d P a_ rt LineIF Property ___—Center of Road ------- Road SHOW THESE MEASUREMENTS 12Ri•410 g o- a r _a u lE2 �JU� DR/ RT 296 M E M O R A N D U M TO: All Zoning Variance Applicants FROM: The Board of Zoning Appeals SUBJECT: Board of Zoning Appeals Application and Procedures DATE: September 24, 1982 The Board of Zoning Appeals has the following policies under which it operates and these are brought to your attention to help you better understand the BZA procedures: 1) Your application for variance allows inspection of your property by the members of the Board of Zoning Appeals and the staff of the Planning and Development Department. 2) The Board of Zonina Appeals will not hear applications submitted after the announced deadline or cut-off date, unless approved by the Zoning Administrator or. Chairperson of the Board of Zoning Appeals. 3) The Board of Zoning Appeals will not alter its schedule of meeting dates for individual variance applications, unless for reasons of public health, safety, and welfare. In the event that a full quorum of the BZA is lacking, the chairperson may call a special meeting to hear pending variance applications. 4) The Board of Zoning Appeals will review each application based on its own merits. 5) The Board of Zoning Appeals requires proof of purchase or ,ownership of the property for which the variance is being requested. 6) The Board of Zoning Appeals has a time limit for discussion stating that representatives of both sides of an issue considered a public hearing will be allowed a maximum of 20 minutes each for their presentation and each side will be allowed a maximum of 10 minutes each for rebutting the opposing side. Discussion in excess of this time will be allowed only upon akmotion duly made and passed by the Board of Zoning Appeals. 7) The Board of Zoning Appeals requires that evidence, exhibits, etc. be received in advance of the public hearing, should individuals desire to present this information in order to expedite the public hearing. 8) A BZA Variance Sign.shall be posted for all variances. This sign shall be placed and maintained so as to be legible and visible from the road or right of way. The Board of Zoning Appeals was created by the Frederick County Board of Supervisors upon the adoption of the Frederick County Zoning Ordinance, Chapter 21, in 1973. The Board of Zoning Appeals consists of five members appointed by the Circuit Court of Frederick County. The Board of Zoning Appeals has certain powers and duties as outlined in the Frederick County Zoning Ordinance and through the Code of Virginia. THE BOARD OF ZONING APPEALS HAS THE FOLLOWING POWERS AND DUTIES: a) To hear and decide a2peals from any order, requirement, decision or determination made bathe administrative officer in the administration or enforcement of the Frederick County Zoning Ordinance. b) To authorize variances from the terms of the Zoning Ordinance that will not be contrary to public interest, when a literal enforcement of the ordinance will result in unneccesary hardship provided that the spirit of the zoning ordinance be observed and substantial justice done, as follows: When a property owner can show that his property was acquired in good faith and where by reason of exceptional narrowness, shallowness, size, or shape of a specific piece of property at the time of the effective date of this chapter, or where by reason of exceptional topographic conditions or other extraordinary situation or condition of such piece of property, or of the use or development of property immediately adjacent thereto, the strict application of the terms of this chapter would effectively prohibit or unreasonably restrict the use of property or where the Board is satisfied upon evidence heard by it, that the granting of such variance would alleviate a clearly demonstrable hardship approaching confiscation, as distinguished from a special priviledge or convenience sought by the applicant, provided that all variances shall be in harmony with the intented spirit and purpose of this chapter. c) No variance shall be authorized by,the Board unless it finds: That the strict application of this chapter would produce undue hardship; that such hardship is not shared generally by other properties in the same zoning district and the same vicinity; and that the authorization of such variance will not be of substantial detriment to adjacent property and that the character of the district will not be changed by the granting of the variance. d) No variance shall be authorized unless the Board finds that the condition or situation of the property concerned or the intended use of the property is not of, so_ general or recurring nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to this chapter. e) In authorizing a variance the Board may impose such conditions regarding the location, character, and other features of the proposed structure for use as it may deem necessary in the public interest, and may require a guarantee or bond to insure that the conditions imposed are being and will continue to be complied with. These requirements are spelled out in Chapter 21 of the Frederick County Zoning Ordinance, Article XX, Board of Zoning Appeals, Section 21-157 to Section 21-163 and Title 15.1, Chapter 11, Local Planning Legislation, Code of Virginia, 1950, as amended. COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 April 5, 1988 TO: THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) RE: Application #003-88 of Elmus R. Hiett FOR: A 26 foot front yard setback variance and a 5 foot side yard setback variance for an addition to the College Park Church, located on Route 50- East at Purdue Drive, across from K-MART, in the Shawnee Magisterial District. This variance request will be considered by the Frederick County Board of Zoning Appeals at their meeting of April 19, 1988, at 3:30 p.m., in the Board of Supervisors' Meeting Room, the Old Frederick County Court House, 9 Court Square, Winchester, Virginia. Any interested parties having questions or wishing to speak may attend this meeting. Sincerely, Robert W. Watkins Director RWW/dkg 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 This is to certify that the attached correspondence was mailed to the following on April 5, 1988 from the Department of Planning and Development, Frederick County, Virginia: (COLLEGE PARK CHURCH OF CHRIST ely)w �• �-lil°��i RT. 6 BOX 207 la 9 , P✓dX �g WINCHESTER, VA. 4�lf�chester, V,t•a�lad� 22601 ,0'REAR, GEORGE W. & ISABELLE RT. 6 Box 208 WINCHESTER, VA. 22601 � CARPER, LORING R. 1625 PURDUE DRIVE WINCHESTER, VA. GROVE, EUGENE F. i BARBARA A. RT.-6 BOX 239-A. WINCHESTER, VA.. & LENA C . 22601 _ r 22601 Robert W. Watkins, Director Frederick County Dept, of Planning STATE OF VIRGINIA COUNTY OF FREDERICK I,OjyjQQ, , a Notary Public in and for the state and county aforesaid, do hereby certify that Robert W. Watkins, Director for the Department of Planning and Development, whose name is signed to the foregoing, dated 5;d 60 has personally appeared before me and -i acknowledged the same in my state and county foresaid. Given under my hand this _,51L_ day of apu L 1988. My commission expires on G%�� r� /clvl l NOTARY PUBLIC 640UO-AflO-GOOD 0000 0112-0l/-tOLLELL PARK CHURCH OF CHRIST SHAWNEE —----------._ R€? IN --- 25_,001) 175,900_ 45 RT. b BOX 207 46 WINCHESTER, V.A. - - 47 45 22b01 — 64A00-Qi]4-0000-0000-0012-0 U' =A 2, SEOgGE W. F _ ISABFLLE ROSENBE_RGER V RP AG_— 1D,000 4-1_14Q0-- 49 50 • R T . --, O X ^ 3 — L J T _ 12 - -_ --- - - _ _ ----- -- - - -. _ .------- --- -2 - -------- W I ,N L v a - ---�- --- _._.._ --- - ------ --- — - -- - ` t - -- - ----- — - - -- ----- --- si i - --- ------ --- -- - -_ 2 2 6 J 1 - --- -- - - 52 , sa 64A00-0U2-0000-00D0-O 101-f) LAi�RER, LORING R. � LcNA C. CULLE'E PARK L1-- .. -- - _- - -RP - RS _ 13t 0110 - - - 56, SJi7_ --- 1625 PU?CUc DkIVr 54 S T ,' v 4. ss 2 2 6 01 ---- - ---- 56 64000-ADD-0000-0000-0111-0 5ROV , EUGob V c?UE F. — _-- M. _ROAD _---------._-._ _ 77.02RP Au - I53,400_ 57 59 RT. 6 6OX 23-)-A A.INCHESTER, VA. - - 225J1 � #198 FRANCIS P. LAGES ET UX T TO DEED TRS. OF THE COLLEGE PARK CHURCH OF CHRIST boat 3P-1J ria 475 "NIP 40 Oq jf J , �r THIS DEED made and dated this j - day of January, 1367, by and between Francis P. Lages and Blanche A. Lages, his wife, parties of the first part; and the duly elected Trustees of the College Park Church of Christ, and their successors, parties of the second part. WITNESSETH: That for and in consideration of the sum of Ten ($10.00) Dollars and other good and valuable consideration receipt of which is hereby acknowledged, the said parties of the first part do hereby grant and convey, with genera-1 warranty of title, unto the said parties of the second part, in fee simple, all of that certain tract of land, together with all rights, rights of way and appurtenances thereunto belonging, lying and being situate on the East side of Purdue Drive, just north of U. S. Route 50 - Rt. 796, in Shawnee Magisterial District, Frederick County, Virginia, more particularly described by that certain plat and survey dated December 1, 1966, prepared by Lee hereto attached, A. Ebert, C. L. S.,/as: Beginning at a concrete monument in the Eastern Boundary Line of Rt. 796 (at the 3.0 Ft. break in the R/W), in the Northern Line of the Asa L. Rosenberger lots, which monument is located by measuring N 26* 53' E - 300.00 ft. to a concrete monument and S 63* 07' E - 3.0 ft. from a concrete monument at the intersection of the Eastern Boundary Line of Rt. 796 with the Northern Highway Boundary Line of Rt. 50, running with the Eastern Boundary Line of Rt. 796 (56.0 Ft. R/W) N 260 53' E - 200.00 ft. to an iron pin corner to the Retained Portion; LAR06NT. nNDERSONII � LANRiI'K •TTO rwrT• wT Uw Niwcrrrrr r. Vua.wu V BOOK 329 PACE 476 thence with the two following lines of the said Other land S 630 07' E - 217.80 ft. to an iron pin; thence S 26° 53' W - 200.00 ft. to an iron pin in the northern line of the said Rosenberger Irks; thence with the said line N 63° 07' W - 217.80 ft. to the beginning; and being a portion of the same property conveyed to the said parties of the first part by Deed of dated November 15, 1947, and of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 203, Page 134, to which deed and the references therein, referenc is here made for a more particular description of the said property. This conveyance is made subject to all restrictions, rights of way and easements of record, if any, affecting title to the said property. The said parties of the first part covenant that they have a right to convey the said property; that the said property is free of any encumbrances; that the said parties of the second part shall enjoy quiet possession of said property; and the said parties of the first part will execute such further assurances of title as may be requisite. WITNESS the following signatures and seals the date first above written: 'P,, DKRRON •I 1 ( { h LARRICY ► ` �� RO�M■Tt �T L.V i _ - _ A Nwcuarr�.. Vt�aru I1�:J 1 (SEA' Francis P. lages (SEA Blanche A. Ia ges' - 2 - L^RIIKH T. AVOKSSC & LARHICK W.......... Vl.�lwi 0 BO[N( 3" PAGE 477 STATE OF FIDRIDA, ! County OF Palm peach , to -wit: I, Joanne F. Martin , a Notary Public of and for the Count of Palm Beach State of Florida, do hereby certify that Francis P. Iages and Blanche A. Iages, his wife, wh.se names are signed to the foregoing writing, bearing date the 5th day of January, 1967, have personally appeared before me and acknowledged same. NOTARY PIIIIIIC STATF of FIORIOA V IAR';C MY COMMISJ10t1 1<11:kIS JIA,t. 10. I:u•f •OSDLD tl�.DNOl1 l41►.1LLH0..[ My commission expires L►Y N. Given under my hand and notarial seal this 5th day of January, 1967. Notary Public (Seal) �I■ - 3 - eooK 329 ki 478 PRINCETON DRIVE -56' R/W RT. 797 F- O J OTHER LAND M_ S 63wO7' E 0 0 w0 >t-- o a N 1 1.0 AG w W N o X co � w N a� 31 Z _ o. u 07' W — 217.8O r IItoN PIN -- 0 0 N LO 0 lD N v7 3 o a 0 ASA L. ROSENBERGER LOTS XS The above Plat is a Survey of a Portion of the Land oonveyed to Francis F. Lagos and Blanche A. Lages by Deed dated November 15, 1947 In Deed Book 203 Page 1314, The said Land fronts the Eastern Boundary Line of Turdus Drive - Rto ?96, just north of Qe So Rto 50, and lies in Shawnee District, Frederick County, Virginiat Beginning at a conorere monument in the Eastern Boundary Line of Rt. T96 (at the 3.0 Ft, break in the h1W), in the Northern Line of the Asa L. Ftoaenberger Lots, which monument is located by meaeurirg N 260 531 E - 300,00 f to to a concrete monument and a 630 071 E - 3oO fto from a concrete monument at the intersection of the Eastern Boundary Line of Rto 796 with the Northern Highway Boundary Line of r t. 50, running with the Eastern Boundary Line of Rt. 796 (56.0 Ft. R/W) R 26e 53t It - 200000 fto to En iron pin corner to the Retained Fortioul thence with the two following lines of the said Other Land 3 630 Olt 3 • 217080 fto to an iron pin; thence S 26e 539 W - 200,00 ft, to an iron pin in the northern line :f the said Rveenberger Lots; thence with tho said line A 63a 07t W - 217.80 ft. to the begin►Jng. Containing - 1.00 Aores. Surveyed - • December 1, 19669 LM A. RBUT, Certified Land Surveyor, VIRIDMA PRIVER'CK COUNTY, SCT. p Corm=. of Vir inia # 1j84: Th1s In.trvm.nt of writing was produced 10 Ise on the, d.y 0 at I , and �i Q�� o ledQ. Miele annexed wasqd Qd N to Load. i t