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Home My WebLink About33-92 Barry Lee Bowser - Back Creek - Backfile (2)RECEIPT N2 021634 AMOUNT DUE $ AMOUNT PAID jt BLANCE DUE ' PAID BY ❑ CASH CHECK El OTHER FREDERICK CUUi, i ; ..._.- '..ANNING AND DEVELRPMENT P. 0. BOX 601, 9 COURT SQUARE WINCHESTER, VIRGINIA 22601 DATE RECEIVED FROM '''�\\�ll,�J •/JJl�� /� r I U M i)^ `{. ADDRESSo THE SUM OF 14 DOLLARS $ II jail FOR 7- II _ v -- BY `" DAY -TIMERS RE -ORDER No. 3221 —Printed In Ut:Fl -! ,p r `max v DATE: 5 g TIME: NAME: �• L l3owS�",� ADDRESS: TAX MAP: 16) " A - 2 ZONING: P-A SUBJECT: AP-6-A of <{DDI ilo� VIOLATION NO: PHOTOGRAPHER: R. L11 �.� COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 MEMORANDUM TO: Finance Department FROM: Denice Cather, Clerk Typist f)4 SUBJECT: Return Of Sign Deposit DATE: January 22, 1993 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: Christopher and Brenda Perry P.O. Box 966 . Stephens City, Virginai 22655 Barry Lee Bowser P.O. Box 221 Middletown, Virginia 22645 Potomac Edison 10435 Downsville Pike Hagerstown, Maryland 21740-1766 Please contact me if you have any questions. 9 North Loudoun Strcct P.O. Box 601 `Vinchestcr. VA 22601 winchcster, VA 22604 OFILECOPY COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 January 25, 1992 Barry Lee Bowser P.O. Box 221 Middletown, Va. 22645 Dear Mr. Bowser: This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their meeting of January 16, 1993. The Board approved your application, #033-92, for a 19' front yard setback variance for an addition. This property is located off of Route 727 on Route 624, in the Back Creek District, and is identified as GPIN 900000A0000250. Please feel free to call this office if you have any questions regarding your variance. Sincerely, Ronald A. Lilley Planner II RAL/slk 1) North Loudoun Street P.O. Box 601 Winchester. VA 22601 Winchester, VA 22604 BZA REVIEW DATE: 1/19/93 VARIANCE #033-92 BARRY LEE BOWSER LOCATION: Off of Route 727 on Route 624 MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 90-A-25 PROPERTY ZONING & USE: Zoning - RA (Rural Areas) Land use - residential ADJOINING PROPERTY ZONING & USE: Zoning - RA (Rural Areas) Land use - residential, vacant, recreational and agricultural VARIANCE: 19' from front yard setback requirement to construct an addition to the house. REASON FOR VARIANCE: Exceptional narrowness. Due to the extreme narrowness of the property, the addition would end up being within 60' of the front easement. Because of the nature of the existing structure and surrounding topographic conditions, the addition can only be constructed on the side facing the easement. Further, the existing structure is small and is no longer of adequate size for the family. STAFF COMMENTS: The front setback requirement for this parcel is 601, which is primarily to provide for substantial separation of dwellings and roads to maintain the character of the Rural Areas district. The house is in a fairly remote area and it is not necessary to separate the house from the road as much as is normally required since the road is now abandoned. Given the existing topography and development patterns, there is no real likelihood of other houses or roads being placed near this house. Therefore, the location of the proposed addition is not likely to adversely impact any other properties. 0 Concerns about the floodplain problems on this property have been appropriately addressed through an engineering study, and the addition will be constructed to avoid floodplain problems. While the strict application of the "undue hardship" requirement is not met here, there is a reasonable case for granting the variance. STAFF RECOMMENDATIONS: Approval. 0`yam page 1 of 5 APPLICATION FOR VARIANCE IN THE . COUNTY OF FREDERICK, VIRGINIA -OFFICE USE ONLY - Variance Application No. Submittal Deadline 2- Submittal Date 17,-7,912, For the meeting of Fee Paid as Sign Deposit yes initials: d'& Sign Return Date: 1. The applicant is the owner 2. APPLICANT: L-� other . (Check one) OCCUPANT: (if different) NAME: BG v-rti/ L e ca T_3 Gf_u s G r-- NAME: ADDRESS P: 0 � F30,10 Z > i ADDRESS: _ Mi dd Le-A--camwn I Vey TELEPHONE: e.61:: -- j (O " 7 B TELEPHONE: 3. The property is located at: (please give exact directions) P—+. L i 5c: "4- -\ -R-n YV"' M-%J c-3 � f Z t S kc+ 0 r2---j- . '12-1 � L c3=1- c3 'n -t . G "?- 4- j ._._. � c.y.""Z's � S iZjZ �1'-'LC�L-7 � -�� v—L3 �,.� .:, � C-\ � �•-1-�� 4. The property has a road frontage of 0 3 •3 feet and a depth of t •-7 a feet and consists of j �5 i acres. (please be exact) �v&& 5. The property is owned byG as evidenced by deed from uv,47 C_iu. ,recorded (previous owner) in deed book no. 4- t 6 on page 3 - registry of the County of Frederick. 6. Magisterial District: k- cr--'E. e-il�LLD.- c:+ page 2 of 5 0 7 . .'=-Digit Property Identif ication No.:'- 8. The existing zoning of the property is:_ Rio 9. The existing use of the property is: 10. Adjoining Property: USE ZONING North East cc=.V A- i�fa South West v'racC r. i- i? A 11. Describe the variance sought in terms of distance and type. (For example - A 3' rear yard variance for an attached two car garage.) -%, (-- c%v Z o ,A a& 13 � cd c9 s -ice c) 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 thereto Pow 41D VV` D('�CUY—"'i"� , •T �_ G%w�i� 1 �\pC1 l„L.Shc_%� �i/1� e:.Jj7 J�-y..�=J y 13. Additional comments, if any i-cy nH-ru c�i'u r C- p S•iJ t-��t?lJ✓�C,i f �l � '-�Z] {�C�G ��: p�. a.� �o v'\ �.i i -�'-1C:�vl S '-�-�lC? c'%� �z� t--�"i`C:>v'i i r n 4 CU+n �� ly %� ��•� ��"i-L1c:�� Uri -i�l�� S"'cClt •-t-Ci�:v�� -ll��C'= 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 Address P_U - Fr -7 Property ID# :- A/l i f� e� [ c�-j �-� Address ca l r� 7c: F 2 1 , ivy VA- ' Z- Property ID# c� C) Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# U-1-5 page 5 of 5 0 0 AGREEMENT VARIANCE # � N & 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 _J:5 '2 v ,nDATE SIGNATURE OF OWNER DATE (if other than applicant) -OFFICE USE ONLY- .«IZ-4-i�i -�?_ BZA PUBLIC HEARING. OF / ` / 167 - ACTION: - DATE - APPROVAL DENIAL SIGNED: BZA CHAIRMAN DATE: • c ,4, ..Vi �•�a N dz-ss'ro` w 40.4.0, o 1 c-0 z a,F�vu�c. tGs�E �;`o my ClO E�*sE►�ENT) P /l/l¢ca5L)t env, _rrv.-tc(e m Lill Bra°� Mi3dletown n o� Ism dings 7Z miu x ZONE A ' O �\ ZONE C �R7 I COUNTYBOUNDARY i Q 2APPROXIMATE SCALE Mr 000 ==E—= 0 2000 FEET NATIONAL FLOOD INSURANCE PROGRAM FLOOD INSURANCE RATE MAP FREDERICK COUNTY, VIRGINIA (UNINCORPORATED AREAS) COMMUNITY -PANEL NUMBER 510063 0175 B PAGE 175 OF 200 (SEE MAP INDEX FOR PAGES NOT PRINTED) EFFECTIVE JULY 17, 1978 IM IR IWmt & Doelo"" Icppp-ly OF 4QNp�MEMi p, o whxha7M� ac: Virginia ��lll...� -,fill 0 U.S. DEPARTMENT OF H OUSING AND URBAN DEVELOPMENT FEDERAL INSURANCE ADMINISTRATION 0 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FEDERAL INSURANCE ADMINISTRATION COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 January 5, 1993 TO THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) The Application of: BARRY L. BOWSER VARIANCE APPLICATION #033-92 FOR: a 19' front yard variance for an addition. This property is located off of Route 727 on Route 624, in the Back Creek District, and is identified as GPIN 900000A0000250. This variance application will be considered by the Frederick County Board of Zoning Appeals at their meeting of January 19, 1993, 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 ill 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 wAwailed to the following on January 5, 1993 from the Department of Planning and Development, Frederick County, Virginia: 20 AMM O 2MIN4l1r 70 Z!! H190LX-r0t *i. VA. 22&45— STONE CXW*"17R&UTz0N90 A 2X BOX 71 _TRASou . V.A. 22 7— N TC*M WLM'IT Li" ..L�1• i�hN... A *4 P• �• 03X i21 TOMMA. iVA. 22645-- W. Wayne Miller, Zoning Administrator Frederick County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK 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 January 5, 1993 , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this 5 day of January 31993 , My commission expires on August 31, 1995 � i r1 i page 2 of 5 • �� _ ` 7. :=-Digit Property Identification No.: 8. The existing zoning of the property is: /Rj4 9. The existing use of the property is: 10. Adjoining Property: USE ZONING NorthGcc:�r� East v «c..0 of iza South r�cr�r-h�;� , l iz i�• West -. -: c'c' ., f f?_ A 11. Describe the variance sought in terms of distance and type. (For example - A 3' rear yard variance for an attached two car garage.) - cna -- v Cctr, ✓ACC 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 I� v'Z7 a •� •-'—{'T� i •�'h � C=: � G � +l U .1 i.z.10 �: t �,� �. v� j v!7 J `'-�` "� 13. Additional comments, if any n s•Tr u c'Tv $iJ rO.:�Cl�✓1=� 3j�U�i PL.1C: CID, Jr c7e"\5 , �� o_JJc-4' or-\ e-c :5 ci a,\ C-_' 1--%+- page 3 of 5 • is 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 G (,�.rn s-f s, z Address i'�,_C •- (30 X ._7 i 3 , Q A. zzk Property ID# Ni icJ \ Address P-C. lDc -,<: i Z i Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# 2�-4 COUNTY of FREDERICK Harvey E. Strawsnyder, Jr., P.E. Director of Engineering & Inspections 703/665-5643 FAX: 703/678-0682 April 22, 1992 Mr. Ron Mislowsky, P.E. G. W. Clifford & Associates, Inc. 200 North Cameron Street P.O. Box 2104 Winchester, Virginia 22601 RE: Flood Evaluation Bowser Property near Meadow Brook Dear Ron: a I have completed a review of the 100 year flood evaluation report prepared by G. W. Clifford & Associates, Inc. for Meadow Brook at the Bowser property located off of Route 624. Basically, the report indicates that the finished floor of the proposed addition to the Bowser residence should be established at or above elevation 570.5. I understand that Mr. Bowser plans to construct an addition supported on wooden poles similar to the existing garage structure. The proposed foundation support should be designed to accommodate the flood velocities and to allow the flows to pass unimpeded under the building addition. ' This design would serve'to meet the intent of the current BOCA building code. Please contact me if you need additional information related to the BOCA building code. Sincerely, 4 Harve E. Strawsnyder, Jr., P.E. Direc r of Engineering and Inspections HES:rls cc: file 9 North Loudoun St. - P.O. Box 601 - Winchester. Virginia - 22601 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 Adloininq Property I� tion o I I Provertv Line i '------------ --- - - - --- =Center of Rood RoadSHOW THESE MEASUREMENTS `. , G 'y��J 11iGr 5' 2 THIS DEED made and dated this 1st day of June, 1978, by and between Middletown Hunt Club, Incorporated, a Virginia Corporation, party of the first part, and Barry Lee Bowser, party of the second part. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid, and other good and valuable consideration, the receipt of all of which is hereby acknowledged, the said party of the first part does hereby grant, sell and convey, with general warranty of title, unto the party of the second part, his heirs and assigns forever, all that certain tract or parcel of land containing 2.151 Acres, together with all rights, rights of way, privileges, improvements and appurtenances thereto belonging, lying and being situate along the Northern side of abandoned State Secondary Highway No. 624, about one and one-half mile Southwest of Middletown, in Opequon District, Frederick County, Virginia, and being the same land identi- fied and described as "FIRST" in that certain deed fro-: Clarence E. Miller to the pz:rty of the first part bearing date of May 16ti, 1970, and of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed. Book No. 363, page 557, wherein said land is recited to contain 2 acres, more or less, but according to a current survey thereof made by Douglas C. Legge,Surveyor, has been ascertained to contain 2.151 acres. A plat and metes and bounds description of said land made by said Douglas C. Legge, Surveyor, is attached to, and by this reference incorporated in, this deed. It is expressly stipulated that the party of the second part, his heirs and assigns will have the right to the use of said abandoned Highway No. 624 iz common with the party of the first part, its successors or assigns, and any and all other person or persons now having, or hereafter acquiring, the right to the use thereof, and that the parties of t:",e first and second parts, or their successors in interest, shall be equally responsible for the maintenance of said abandoned Highway No. 624 and the bridge thereon. The party of the second part agrees that in the event he should desire to sell the within conveyed land he will give to the party of the first part the: first option and refusal to purchase said land at the same price and upon the same terms and conditions as he would be willing to accept from any other prospective purchaser, and the party of the first part covenants and agrees i_hat in the event it should desire to ,,(!Il its adjoining land it will give to the partof the second part the first option and retusal to purchase said laird at the same price and upon the same t:A and conditions as it would be willin;; to accept from any other prospective purchaser. The party of the first part expressly reserves the right to use its remaining land for the purpose of holding shooting matches or other projects in accordance with its charter, without protest, objection or inter- ferencE! :.n any manner by the party of the second part. It is expressly stipulated that said land is Yonveyed subject to all applicable, or legally enforceable, easements, if any, of record affect- ing same. Except as noted above the aforesaid grantor covenants that it has the right. to convey the said land to the aforesaid grantee; that the said grantee shall have quiet possession of the said land, free from all encum- brances; that it has done no act to encumber the said land; and that it will execute such further assurances of the said land as may be requisite. The party of the second part by uniting herein agrees to all of the reservations and stipulations herein contained. Witness the following signatures and seals. State of Virginia County of Frederick, to -wit: Middletown Hunt Club, Incorporated by , 7 .z, (Seal) James F. Garrett, President (Seal) Barry L .e Bowser a Notary Public in and for the County of Frederick, in the State of Virginia, do hereby certify that James F. Garrett, President of the Middletown Hunt Club, Incorporated, and Barry lee Bowser, whose names are signed to the foregoing writing bearing date of June 1st, 1978, have personally appeared before me, in my County aforesaid, and acknowledged the same. aOCIP, 43 racy 534 ' �(i� CLu �'� Given under my hand this day of-d- �ikei , 1978. My commission expires My CommissionExpicesMarch 21, 1979 Notary Public Q� �,�...P4 �''• • - pVFsLI %� �� CcuM1�' •'