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HomeMy WebLinkAbout09-93 Elizabeth Carroll - Stonewall - BackfileRECEIPT K'2 02?718 AMOUNT DUE /u C) AMOUNT PAID s BALANCE DUE PAID BY CASH CHECK F❑ OTHER FFEDE^ICK '.`,; Jr,-NG AND DEVELOPMENT P.O. BOX 601, 9 COURT Stlu^.- WiNCHELTER, VIRGINIA 22601 DATE RECEIVED FROM (� `� �E�f' \ it I ADDRESS THE SUM Off'/-t� �`-'� DOLLARS FOR_�_�� if PAL BY � --- --- .�,� r - �,+,�`� .'�b+l` n. tfi' � M•. - �^ DATE: TIME: 91L. ADDRESS: Kam. 6 7Z TAX MAP: 32 - A ZONING: 9A SUBJECT: Lo- 5(7t�7 VIOLATION NO: PHOTOGRAPHER: R• LI LLEY DATE: S TIME: NAME: F LI VM CAgRo LL ADDRESS: 9= 1672, TAX MAP: 32'�l"2ry ZONING: PA SUBJECT: LdFi' SM6- VIOLATION NO: PHOTOGRAPHER: ?• LILka • FILE COPY MEMORANDUM TO: Finance Department FROM: Denice Cather, Clerk Typist C)L SUBJECT: Return Of Sign Deposit DATE: May 20, 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: Scot Marsh G. W. Clifford & Associates 200 North Cameron Street Winchester, Virginia 22601 Please contact me if you have any questions. DRC/gll THE COURTHOUSE COMMONS 9 N. Loudoun Street - P.O. Box 601 - Winchester, Virginia - 22601 Sf ILE COPY • COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 April 21, 1993 Ms. Elizabeth Carroll 1129 Hiatt Road Clearbrook, VA 22624 Dear Ms. Carroll: This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their meeting of April 20, 1993. Your application #009-93 was approved for a four acre variance from the five acre minimum lot size in the RA (Rural Areas) District, and 125' variance from the minimum lot width of 250'. This property is located on the north side of Route 672, between the intersection of Route 633 and 661, in the Stonewall District. This variance will allow you to divide off the one acre parcel on which the multi purpose barn is located, with the understanding that the one acre lot will not be used for residential purposes. If you have any questions regarding your variance, please do not hesitate to call this office. Sincerely, Ronald A. Lille y% Planner II RAL/slk cc: Scot Marsh, G. W. Clifford & Associates 9 North Loudoun Street P.O. Box 601 Wmchestcr. VA 22601 Winchester, VA 22604 9 0 BZA REVIEW DATE: 4/20/93 VARIANCE #009-93 ELIZABETH CARROLL LOCATION: On the north side of Route 672 between the intersection of Route 633 and 661 MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 32-A-26 PROPERTY ZONING & USE: Zoning - RA (Rural Areas) Land use - residential ADJOINING PROPERTY ZONING & USE: Zoning - RP (Residential Performance) and RA (Rural Areas) Land use - residential VARIANCE: Four acre variance from the five acre minimum lot size in the RA district, and 125' variance from the minimum lot width of 2501. REASON FOR VARIANCE: There is an existing barn on the property (as shown on the attached sketch) which the owner would like to retain on a separate one acre parcel, which would not be used for residential purposes. The applicant is anticipating the sale of the existing dwelling and wishes to retain ownership of the barn, in which the applicant has invested a considerable amount of money. The applicant intends to allow for the use of the barn by the Home Owners' Association of Hiatts Run Subdivision. STAFF COMMENTS: The five acre minimum lot size in this district is to maintain the rural character of the district and ensure that each lot has reasonable space for a septic system. The lot width requirement is also to maintain the rural character of the district and ensure adequate separation of dwellings. The proposed division may adversely affect the rural character of the general area since a new, separate entrance to the, barn property would be more likely if the division were done. 0 0 The applicant has not noted any hardship related to the physical qualities of the property. The basis given for the division is one of convenience or special privilege for the applicant, which is specifically noted in the Code of Virginia and the County Zoning Ordinance as not deserving of a variance. An alternative arrangement of providing an easement to the barn, and perhaps some surrounding land, while keeping this entire parcel intact, would allow the same level of access and would not require a variance. In light of the lack of hardship and the alternatives available here, staff sees no reasonable basis for granting this variance. 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. 0oq-j;) Submittal Deadline 3 ep-9,3 Submittal Date For the meeting of Fee Paid yes initials: Sign Deposit yes Sign Return Date: 1. The applicant is the owner V other . (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: Elizabeth Carroll NAME: ADDRESS 1129 Hiatt Road ADDRESS: Clearbrook. Va. 22624 TELEPHONE: 667-1596 TELEPHONE: 3. The property is located at: (please give exact directions) 4. The property has a road frontage of 500.34 feet and a depth of 290.00 feet and consists of 3.7582 acres. (please be exact) 5. ' The property is owned by Elizabeth Anne Carroll as evidenced by deed from James H . Carroll recorded (previous owner) in deed book no. 693 on page 762 registry of the County of Frederick. 6. Magisterial District: Stonewall 0 1�1 I FIX [gon Page 2 of 5 • 7. 21-Digit Property Identification No.: 32000A000000000000 60 8. The existing zoning of the property is: RA 9. The existing use of the property is:- Residential 10. Adjoining Property: USE ZONING North Residential East Residential South Agricultural West Residential I' "I. - RP 11. Describe the variance sought in terms of distance and type. (For example - A 3' rear yard variance for an attached two car garage.) The owner requests a v rianne to allow for the subdivision of a 1 acre lot in a RA zone 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 There is an existing barn on the property (as shown on sketch) which the owner would like to retain on a separate 1 acre parcel, where said lot would not be used for residential purposes 13. Additional comments, if any The owner is anticipating the sale of the existing dwelling and wishes to retain ownership of the barn which the owner has invested a considerable amount of money. The owner intends. to allow for the use of the barn by the Home . Owners' Association of Hiatts-Run Subdivision. • 0 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 Carroll, James H. Address P.O. Box 3214, Winchester, Virginia 22604 Property ID# 32A-02-24 Carroll, James H. Address P.O. Box 3214, Winchester, Virginia 22604 . Property ID# 32A-02-23 Pitzer, Oscar William Address 1191 Hiatts Rd., Clearbrook, Va. 22624 Property ID# 32-A-26A Clines Egg Farm, L.P. Address 920 Hopewell Rd., Clearbrook, Va. 22624 Property ID# 32-A-27 Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# 0 r z i) l II 1 j • 0 Notes: 1. No Title Report fun1lshed. 2. Property Subject to Easdments lind/or Rights -of -Way of Record or bthe'rwise. 3. Adjoining Owners shown are Now or Formerly the Owners, LOT 24 w ao I 9 z HIATTS RUN ESTATES LOT 23 & DRAJNFIELD EASEMENT s3s ter 15• �_ 2,1589, ACRES io DWEUMG 238.4' 386.$4' N84'30'37'W 415.31' S.R. M--40' R/W ,(OLD BRADDO(K RD., HtM RD.) 7183.53 I Drainfield fof Lot 24 4;liatts RunI _11/ C o 6 cc .cocC > PROPOSED /Q A A 4 $ v 1.000 AC. p : LOT o 0 Li a a a Ex. Bam !�4 38.4' O (oo cE'�tiAGK The property represented herein is a portion of the .property conveyed to James H. Carroll from Osbar W. and Martha M. Pitzer by deed dated October 26, 1947 as recorded In the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 662 at page 606. PLAT SHOWING 3.7582 ACRES standing in the name of JAMES H. CARROLL STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA MARCH 4, 1988 SCALE:1 "s100' gilbert w. cliffor & associates, Inc. surrnrn a►C ar w..w Den P 1 1 1 1.1. SM (NO watts s w+ ch " @mw • i NiF;i� 2 610 C'., `4p S of 5 0 0 A(3R r,MENT VARIANCE 7 (we) , the undersigned, io CQui' ras azdguol t '.���� application and petition the Fredericky Apptl.i1sc (BZA) to grant a variance tO the terms of the Fredc-, ? cUuilty Zoning Ordinance as described herein. I agree to .�;����t� • ;� with nny condition8 for the variance required by the SZA• i authorize the members of the BZA and Frederick Co. vt: to go upon the property for site inspection purposeso r understand that the sign issued to me when this appl is submitted must be placed at the front property line at •' ' seven (7) days prior to the BZA pulllia hearing and =*intelr����, `t ' as to be visible from the road or right-of-way until the .1 hereby certify that all of the statements and i.nfor•ru:j; .,, ... contained herein are, to Est of my knowledge true. )t SIGNATURE 0? APPLICAW ATE 6IaNATURB Or OW'N= DATE (if other than applicant -OFFICE USE ONLY-• 8ZA PUBLIC HEARING OF ACTIONt - DATE- "PROVAL DENIAL ��y� i i COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 April 6, 1993 TO THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) The Application of: ELIZABETH CARROLL VARIANCE APPLICATION # 008-93 FOR : a variance from the required lot size. This property is located on the north side of Route 672 between the intersection of Route; 633 and Route 661, in the Stonewall District, and is identified as GPIN 32-A-26. 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, VA. Any interested parties having questions or wishing to speak may attend this meeting. Sincerely, W. Wayne iller Zoning Administrator WWM/slk 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 oot-9a This is to certify tha Rhe attached correspondence was Wled to the following on April 6, 1993 from the Department of Planning and Development, Frederick County, Virginia: ;.2 A 26 C'Arf':©L.L., L"-::L_IZAF:"E:'TFI ANNE Scot Marsh RT. i, BOX 2315 200 North Cameron Street r..L.F:AF:BROOK, VA. 22624-- Winchester, Virginia 22601 .42 A 26ra F-I'TZER, OSCAR WIL..L..IAM 1.1.91 HIAT'TS RD _ C:L.1_:AF'iBROOK , VA CLINE' S EGG FARM L.-P. 920 HCIF''EWE:L..L.. RD CL.E:AFtF:sROOK , VA .32 ri 27 2-2624-- Elizabeth Carroll 1129 Hiatt Road Clearbrook, Virginia 22624 CARROL.L. , .JAME S, 1-1 . w:r.Nc,HE:STER, VA 22604 MA I e4A W. Wayne Miller, Zoning Administrator Frederick Copnty 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 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 •