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Home My WebLink About11-93 Wilson McGolerick - Opequon - Backfile (2)RECEIPT Nw OL V 1 16 AMOUNT DUE $-70 ✓ AMOUNT AID $ 7y-.10 BALANCE DUE PAID BY ems-❑ CASH I. CHECK OTHER FREDERICK C I , ;;; J- AND DEVELOPMENT P.O. BOX 601, v COURT SQUARE WINCHESTER, VIRGINIA 22601 DATE _ / � __/'/Y t RECEIVED FROM 71' ADDRESS 11A _./ �� —J�1L L '_L..L4"A.4� _ cc THE SUM OeF.. DOLLARS $ FOR 22 BY DAY TIMERS RE ORDER No. 3221—Primed in USA 1-=:=� DATE: TIME: NAME: W t LSoW M060LE 4-V- ADDRESS: 317 6154"960DW14 G : 4rl5PHEW -nv TAX MAP: ebb -4--¢( ZONING: RP SUBJECT: AV -CA Fob PW-K- VIOLATION NO: PHOTOGRAPHER: R• L1LMN DATE: �✓ TIME: NAME: WIL4oM W-GOL61244-K, ADDRESS: 31'7 &6W-CTE`'ibWfA CT cimPNErIS &V TAX MAP: C*2^ " IR - 4-I ZONING: p-P SUBJECT: A� FW- VEG.K, VIOLATION NO: PHOTOGRAPHER: F, LI LLA15'Y FILE -COPY i COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/678-0682 MEMORANDUM TO: Finance Department FROM: Denice Cather, Clerk Typist 4 C SUBJECT: Return Of Sign Deposit DATE: May 19, 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: Bob Best Best Builders 141 Vine Lane Winchester, Virginia 22602 Please contact me if you have any questions. DRC/gll THE COURTHOUSE COMMONS 9 N. Loudoun Street - P.O. Box 601 - Winchester, Virginia - 22601 FILE I April 21, 1993 Mr. Wilson McGolerick 317 Georgetown Court Stephens City, VA 22655 Dear Mr. McGolerick: COPY 0 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 #011-93 was approved for a 9' rear yard setback variance for a deck. This property is located in the Georgetown Court Subdivision, in the Opequon District, and is identified as GPIN 86A-4-41. If you have any questions regarding your variance, please do not hesitate to call this office. Sincerely, Ronald A. Lilley Planner II RAL/slk 9 North LoWoun Strect P.O. Box 601 Winchester. VA 22601 Winchester, VA 22604 ! 0 BZA REVIEW DATE: 4/20/93 VARIANCE #011-93 WILSON MCGOLERICK LOCATION: 317 Georgetown Court MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 86A-4-41 PROPERTY ZONING & USE: Zoning - RP (Residential Performance) Land use - residential ADJOINING PROPERTY ZONING & USE: Zoning - RP (Residential Performance Land use - residential, VARIANCE: 9' rear yard variance for a deck REASON FOR VARIANCE: The applicant has written "exceptional shallowness" on the application, along with indicating that the 50" setback requirement from the rear perimeter was not understood. STAFF COMMENTS: The perimeter setback requirement is to ensure adequate separation between different residential developments. Because the proposed deck would be attached to the house, it is considered part of the house and subject to the 50' setback requirement. The applicant's claim of exceptional shallowness is not consistent with the fact that all of the neighboring lots have the same depth as this lot. Although there are decks attached to some of the neighboring townhouses which violate the setback requirement, those decks were apparently constructed without building permits and variances and are therefore illegal. They have been reported to the County's Permits and Inspections Department for investigation. The applicant has a reasonable alternative to a deck in that a ground level patio could be constructed which is not subject to the 9 0 setback requirement. In light of the lack of demonstrated hardship and the alternatives available, there does not seem to be a reasonable basis for granting a variance. STAFF RECOMMENDATIONS: Denial, based on lack of proper justification. page 1 of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA Variance Application No. Submittal Date Fee Paid Sign Deposit yes -OFFICE USE ONLY - Submittal Deadline For the meeting of .y_.& -r 3 initials: Sign Return Date: 1. The applicant is the owner 2. APPLICANT: NAME: WlL$ 0,V Al<'GcL6elcl< ADDRESS TELEPHONE: other . (Check one) OCCUPANT: (if different) NAME: _ ADDRESS: TELEPHONE: 3. The property is located.at: (please give exact directions) 4. The property has a road frontage of 3Si feet and a depth of 0,0 feet and consists of n / acres. (please be exact) /"'' 5. The property is owned by t` y .�,F '�� `'�`'T as evidenced by deed from recorded (previous owner) in deed book no. 7(,Z on page registry of the County of Frederick. 6. Magisterial District: 15� 2 61993 Page 2 of 5 . FAI 7. 21—Digit Property Identification No.: • e&A,4-4l 8. The existing zoning of the property is: 9. The existing use of the property is: °I# ln/y f r 10. Adjoining Property: USE ZONING . r North' East y �' South West �. 11. Describe the variance sought in terms of distance and type. (For example - A 3' rear yard variance for an attached two car garage.) 9 �bOT �� v�+�vv I/-r4►e If}N�'E � /'Z A �ccK 12. List specific reason(s) why the variance is being sought in terms of: 13. - 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 .rs _ w Additional comments, if any C�Vm M/M -J� *A-C�- I page 3 of 5 5 c�— S A40 Nwi- S'A" IA"`V 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 VIIA Address 3 1 � /' Property ID# 0 G O qO Dp J Address �� I �p ,rt_ 1. 'mil 7awpi Property ID# �� /4 QGGCJ Q G U � + Address �-� 5'x ► Property ID# 7y'Coaco/cocia GOOD c) Address .7qr-/ 4' " Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# w 43 24oOC* SeFs M O 42 $ N 2,000 SoF � M \rN�I in 1 .�,.. a A ?, N in M 34530 1000 N 65.*32"53" w . 40 Shvot a Me.. I lk M-mw --- MLI �ID 261993 J Li page 5 of 5 • • pi AGREEMENT VARIANCE # 0// -- 9 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�,splfj�j SIGNATURE OF OWNER Gz�r/��%/*/� DATE Z/.G / p (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF APPROVAL DENIAL ACTION: - DATE - SIGNED:' ` BZA CHAIRMAN DATE: Y V- COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 April 6, 1993 TO THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) The Application of: WILSON L. MCGOLERICK VARIANCE APPLICATION # 011-93 FOR : a nine foot rear yard variance for a deck. This property is located at 317 Georgetown Court in the Opequon District, and is identified as GPIN 86A-4-41. 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. Wayn Miller Zoning Administrator WWM/slk 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 This is to certify tha*Department a attached correspondence was *led to the following on April 6, 1993 from of Planning and Deve 0pment, Frederick County, Virginia: McGolerick, Wilson Lee 317 Georgetown Court Stephens City, Virginai 22655 BARON, GARY .J & VAL.EkIE E*4 � 44 31 Fj GE ORGE'T'OWNE CT STEF'HE:NS (::7:1',Y, VA. 226 J :;-- Cooper, Joseph R. II, & Cynthia A 319 Georgetown Court Stephens City, Virginia 22655 McKee, Timothy M. 315 Buckingham Drive Stephens City, Virginia 22655 4.� N. Wayne Mill r, Zoning Administrator Frederick Co my 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 /�% page 4 of 5 1 1. 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 E7 tAddi lion Eute i a`177 '--'-------------------Center of Rood ------- Rood SHOW THESE MEASUREMENTS