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Home My WebLink About06-93 Gregory Groves - Shawnee - BackfileRECEIPT FREGr ;. 'LANNING AND DEVELOPMENT P.O. BOX 601, 9 COURT SQUARE NE 023092 WINCHESTER, VIRGINIA 22601 AMOUNT DUE Ir.,DATE ' / � l - AMOUNT PAID i RECEIVED FROM QA)� $ n d `', ADDRE THE SUM OF DOLLARS PAID ErY ❑ CASH FOR ❑ R CHECK ❑ OTHER - - BY DAY TIMERS RE -ORDER ":. ilr; I . DATE: TIME: NAME: 6gfA L.A mC5 TAX MAP: 55 7- S - /a ZONING: RE SUBJECT: TF-«- VIOLATION NO: - PHOTOGRAPHER: R . L(LLfZ/ Ft E- COPY I TO: FROM: SUBJECT: DATE: MEMORANDUM Finance Department Denice Cather, Clerk Typist 'L Return Of Sign Deposit April 27, 1993 COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678,0682 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: �' GregGroves 404 Van,Buren-,Court it stern Virginia- 22, 6 Conard Sirbaugh 1416 Hunting Ridge Road Winchester, Virginia 22603 Please contact me if you have any questions. DRC/gll 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 � L. April 21, 1993 Mr. Gregory V. Groves 104 VanBuren Court Winchester, Va. 22602 Dear Mr. Groves: 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 April 20, 1993. Your application #006-93 was approved for a 2' rear yard setback variance for an attached deck. This property is located in the Brentwood Terrace Subdivision, in the Shawnee District, and is identified as GPIN 55C-7-5-18. If you have any questions regarding your variance, please do not hesitate to call this office. Sincerely, Ronald A. Lilley Planner II RALA& 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 BZA REVIEW DATE: 4/20/93 VARIANCE ,#006-93 GREGORY V. GROVES LOCATION: Off of Valley Mill Road on Van Buren Court in Brentwood Terrace MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 55C-7-5-18 PROPERTY ZONING & USE: Zoning - RP (Residential Performance) Land use - residential ADJOINING PROPERTY ZONING & USE: Zoning - RP (Residential Performance) Land use - residential VARIANCE: 2' from rear yard setback requirement for an attached deck. REASON FOR VARIANCE: The applicant states that the deck does not adversely affect the surrounding property. Additionally, the applicant states that the deck is already 80 o complete, having been started without a permit, and that the Homeowner's Association would allow the deck if the County grants a variance and issues a building permit. STAFF COMMENTS: The rear yard setback requirement is to provide for adequate separation of dwellings, roads, and other structures and to ensure adequate light, air, and convenience of access. Variances are supposed to be based on undue hardships, which generally result from unusual physical characteristics of a particular property that prevent most reasonable uses. In this case, no such hardship exists. The illegal situation has resulted from failure to obtain the required building permit for the deck. The effect on surrounding properties should only be considered once the presence of a hardship is ascertained. 0 0 In this case, the actual infraction is relatively small, with only a small portion of the deck in violation of the setback. It does not appear to be of any significant detriment to neighboring properties, although it is a bit closer to and more visible from the road (Valley Mill Road) at the rear of the property than it is supposed to be. It should be noted that this violation was brought to the County's attention by the Homeowner's Association, so it is not altogether clear that there would be no adverse impact on neighboring properties. Still, because of the self-inflicted nature of this violation and the alternatives that have been available and the lack of any bona fide hardship, there is no support 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. OD(o -q3 Submittal Deadline 3-a(, 9-3 Submittal Date 3 -8 -q 3 For the meeting of 4-1 -.;zd -y3 Fee Paid Sign Deposit u/ initials: d& yes Sign Return Date: 1. The applicant is the owner other . (Check one) 2. APPLICANT: OCCUPANT: NAME: 9it e o 2 V. CR o v C S NAME: ADDRESS /d yQ�/ uQL� C r, ADDRESS : _ Wd*0jC_kC_T7-r_A VA TELEPHONE: 1 03 - t,* . "- -314Z8 04) TELEPHONE: (if different) 3. The property is located at: (please give exact directions) $ - 7 r c ..-i To (�J o c� I c rr,4 c �' TEA ✓�I� - T �i r� L eF i a rJVA JIJ 46 v/.-„ 1 C p LAid 4. The property has a road frontage of feet and a depth of $D Ar e-roe. feet and consists of acres. (please be exact) 5 . ' The property is owned by GAR OQ �' • ��Ov�s as evidenced by deed from recorded (previous owner) in deed book no. '-7 7 / on page 5,2registry of the County of Frederick. 6. Magisterial District: 8 1993 page 2 of 5 i 7. 21-Digit Property Identification No.: 8. The existing zoning of the property is: 9. The existing use of the property is: 10. Adjoining Property: USE North East r , South s . West Cs. ZONING R?O 11. Describe the variance sought in terms of distance and type. (For example - A 3' rear yard variance for an attached two car garage.) A VAS; A �G� �� ✓� � 4 � 7 A ct> l�e L c 'e, Nam.-- U l "a 1-9 e `I (1 t f, M e n/ 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 r-G,= 13. Additional omments,,if any a / — 6 ZT e- C-1C- e -S C, -r k c. �4 <S AA,,--G (�J r./� �S /� �� r� %� (/t ✓� � 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 21-digit number.) NAME Address 1 O c, i.U/,3 ,J cJfe,_l G LJ • N d� e s r Property ID# �1 /JV ►� �✓� r Address 165 Property ID#rJ Address 19, a , emo X Property ID# 55 a .7 v .5 �' L Address So 7 U-0 / fij✓") G7 , Property ID# SS Address 7 , 6, 6tj,C 144'q LJr a e, 7-c.14�, Property ID# S C. ~ % - S S �3 Address _5-1 1 V a 0 /K , L 1 � D G-� , ,.rCtIC'x Ott property ID# Address c v ((� ,,,, �( lea (,r� w✓c� ��t Property ID# Address Property ID# �d'��a / '�-�cs�✓ aid Address joY o� 1 L-1 rid Lc s r c .cs Property ID# 3 � Address Property ID# Address Property ID# d— 'A 301-565.3340 Z- VAL E PF PF S 1975_57" —-31.72' z� NS rn •N� HOUSE L OCA 77ON SUR VEY LOT 18 SECTION 5 BRENTWOOD TERRA CE DEED BOOK 715 PA GE 638 -WA WEE DISTRY CT FREDERICK COUNTY VIRGINIA THISPLAT HAS BEEN SARIEPAREDCATE ALL ENCUMBRANCES ONATHE PRROPIPERRTTY. FLOOD ZONE: c LTH � U EDWARD W. DOVE 9 CERT. NO. 54-17-3(A) 964 v �4O(�1. SUR PANEL: 0115 B s AND - MN NO FENCE LOCATIONS ARE APPROXIMATE ONLY AND DO NO i CERTIFY AS TO OVMLR- SHIP. THIS SURVEY U VEY IS O OVEMENTS.T TO BE USED FOR THE CONSTRUCTION OF ANY FENCES COMMUNITY N 0 : 510063 DATE: 7/17/78 OR ANY DATE: JANUARY 8, 1992 SCALE: 1" = 20' WORK ORDER NO.: 92006 PURCHASER: SELLER: RussaL 1, page 5 of 5 0 0 AGREEMENT VARIANCE # t00(p -q A 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 SIGNATURE OF OWNER (if other than applicant) -OFFICE USE ONLY- DATE 5 DATE BZA PUBLIC HEARING OF ACTION: - DATE - APPROVAL C DENIAL SIGNED:`` �- BZA CHAIRMAN DATE: ® 0 Gs Z CO `'.� COUNTY of FREDERICK w Department of Planning and Development 703 / 665-5651 1J8 Fax 703 / 678-0682 April 6, 1993 TO THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) The Application of: GREGORY V. GROVES VARIANCE APPLICATION #006-93 FOR: a 2' rear variance for an attached deck. This property is located off of Valley Mill Road on Van Buren Court in Brentwood Terrace, in the Shawnee District, and is identified as GPIN 55C-7-5-18. This variance application will be considered by the Frederick County Board of Zoning Appeals at their meeting of April 20, 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 0r W. Wayne iller Zoning Administrator WWM/gll 9 North LOLI(loun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 410 This is to certify thaolfhe attached correspondence was mailed to the following on April 6, 1993 from the Department of Planning and Development, Frederick County, Virginia: �7 �7(; '7 :':i ;asc 55C 7 �5 is L..ARRIC;K. J. RA7�IDClL.FFI & WIL.L.IAM WART GROVES, GRE=GORY V. T'/A R & R PROPERTIES 04 VAN BURE:N CT. P 0 1-i0X 444 WINCHE:ST'E:R, VA. WINC:I-IF_ STE:R, VA FOREMAN, RIC:HARD T. & FAY L. 1.00 VAN BUREi:N COURT WINCHE:ST'E:R, VA .. 5 17 SMITH,I)AVID E' 1.05 VAN I: URE::N COURT WINCHE:STf•_':R, VA STROSNIDE::R, RONALD W & C:AT'HY W C:L..E:ARBROOK, VA. 26.'4._. I SAT' t E:L.L . ROFtE:RT' ,1 Svc 7 n 2 3 .3O5 VAN BURE:N C'r I<AT'IE' � WINC.:HE:STE:R, VA 22601.... KOON, MYRTLE A 55 A 5 54.3 VALLEY MILL. RD WINC HE:STE:R, VA STATE OF VIRGINIA COUNTY OF FREDERICK SWANSON P.S5 A 54 S13 VALLEY HIL..L.. RD WINCHE:STE:R, VA. 22602•- GOE RLI:CK , KAY YVONNE 55 A 560 1706 VALLEY MILL RD. WINCHE:STE:R, VA. r"ICDC7tVAL..ri . FiCJNAI..I) G . E'5 A `%6I BOX 2321 WINCHIE:STER, VA. 2260S.._. Robert J. & Katie E. Matzell 304 Van Buren Court Winchester, Virginia 22601 W W. Wayne Miller, Zoning ARministrator Frederick Coun 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 April 6, 1993 , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this 6th day of April 1993. My commission expires on August 31, 1995 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 Adjoininq Property I� .� r a lion d i i Pro ert Line '---------------------=Center of Rood — — -----' Road SHOW THESE MEASUREMENTS