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Home My WebLink About18-93 Michael Prelip - Opequon - BackfileRECEIPT N2 023898 AMOUNT DUE s -7D,r-7-) AMOUNT P � C� BALANCE DUE s PAID BY CASH �CHECK- ❑ OTHER FREDEFi: :; ::,;; )F PLANNING AND DEVELOPMENT P.O. BOX 601, 9 NORTH LOUDON ST. WINCHESTER, VIRGINIA 22601 eT RECEIVED FROM �! �-� �LS.�-�\� • ` 1 L�-4�/IL� rc1 ADDRESS `�"' �•-' L 21/ THE SUM OF ` "�^� ) `-14 FOR BY ----SOLLARS $ ! `-^' 4 '. t___J' OD DAY -TIMERS REORDER No. 3221—Printed in USA VA C--/Lje�:7- -;n -'� ''may ' � '� : ' ..�/ � 4 -� _�" � .., . o ��. .� � : � ��.�-- - y �' _ DATE: 10 7�93 TIME: •I�Mlul� rze L- I P ADDRESS: 4r/. *ff Gi TAX MAP 75L - 2- Z'q/D ZONING: F-F SUBJECT: PZO r4' �gAC-K--- VIOLATION NO: PHOTOGRAPHER: Fl• Lli L Amw-,Vodw k DATE: ►o 93 TIME: NAME: FRE:-:::,L-IP ADDRESS: 'Mni' #SN 6-T� TAX MAP: I S L r z- 2' q D ZONING: `R-lp SUBJECT: f5iZ01.1 S� VIOLATION NO: PHOTOGRAPHER: R-• LL►LLA::,'Y i COUNTY of FREDERICK I October 21, 1993 Michael Prelip P. O. Box 338 Winchester, VA 22604 Dear Mr. Prelip: Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 This letter is to confirm .aaon taken by the Frederick County Board of Zoning Appeals at their meeting of October 19, 19 3. Your application #018-93 was approved for a 4,27' front yard setback variance for a proposed house. - This property is located on Mountain Ash Court, in the Frederick Woods Subdivision, in the Opequott District, and is identified as PIN 75L-2-2-90. 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 Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 0 TO: FROM: SUBJECT: DATE: MEMORANDUM Finance Department Deniee Cather, Clerk Typists . Return Of Sign Deposit October 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: David Shore 120 Shirley Street W'nches er, Vir inia 22601 n��_3 M:' chael-P el - .0. Box_33.8� Wieche ter, -irgim 226Q_4 Please contact me if you have any questions. DRC/gll 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 r \ �ti r_lrl O,t'- L` • 0 10/19/1993 14:40 70366504 G W CLIFFORD & A*C PAGE 02 BZA REVIEW DATE: 10/19/93 VARIANCE #018-93 MICHAEL PRELIP LOCATION: From Route 37 south, right onto Macedonia Church Road (Route 642), right onto Aylor Road (Route 647), left onto Tinoak Drive, left onto Cottonwood Ave., left onto Mountain Ash Court. Lot is at the end of the cul-de-sac. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 75L-2-2-90 PROPERTY ZONING & USE: Zoning - RP (Residential Performance) Land use - vacant ADJOINING PROPERTY ZONING & USE: Zoning - RP (Residential Performance) ; Land use - vacant VARIANCE: A 4.27' front yard setback variance for a proposed house REASON FOR VARIANCE: Due to the unusual shape of the lot, it is too shallow to accommodate the proposed house. Applicant states that none of the four models they have designed for this subdivision will fit on this lot within the required setbacks. There are covenants requiring a minimum house size, so a smaller house is not necessarily an option. STAFF COMMENTS: The setback requirements for single family detached lots are to provide adequate separation of dwellings and maintain the character of the neighborhood. The lot size and shape, while not conducive to the rectangular building shown on the application, is large enough to fit a home that would be of the minimum size required in the deed covenants. The applicant needs to address more fully why a different building design could not be used here. The State's guidelines concerning determination of hardship state that monetary loss is not a proper criterion in determining "undue hardship," so added design expense would not qualify as a hardship. The adjoining lots are not yet built on, so the variance is not likely to be detrimental to existing residents in the area. However, it is not clear that, if a variance is truly necessary, the proposed location is the least likely to impact future residents. The applicant's plat shows that the necessary front variance could be slightly reduced by moving the house completely back to the rear setback line. The applicant should address whether that was considered and also whether turning the house was considered so that the required front setback is met and the variance would be needed for the back of the house, which adjoins the subdivision's open space. Given the wooded nature of the lots, it may be that encroaching on the rear yard setback would be less noticeable than encroaching on the front yard setback. While this is a relatively minor variance request and may not significantly affect neighboring properties, it still is supposed to meet the hardship requirements spelled out in the Code of Virginia and County Zoning Ordinance, and does not appear to do so. Also, it is not clear that the proposed house location is the least likely to impact neighboring properties. Therefore, the staff cannot support the request. STAFF RECOMMENDATIONS: Denial, based on lack of justification. 40 • page 1 of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA MUST BE TYPED OR FILLED OUT IN INK — PLEASE PRINT 1. The applicant is the owner other X (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: Michael Prel i A ADDRESS p _ 0. Box 338 NAME: ADDRESS: L, Winchester, VA 22604 '5_ TELEPHONE: 722_2200 TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): Rt. 37 South -Right on S.R. 642 to Aylor Road. (S.R. 647) Right on S.R. 647. Left on Tinoak Drive, left on Cottonwood Avenue, left on Mountain Ash Court Lot at end of cul-de-sac. 4. The property has a road frontage of 45' 36" feet and a depth Of 96_05 feet and consists of 10,000 sq.ftgx�mg• (please be exact) 5. The property is owned by Frederick Woods Assoc. Ltd. Partnership as evidenced by deed from Daniel A. Colaw, Jr. & Aletha recorded (previous owner) Colaw in deed book no. 785 on page 1200 of the deed books of the Clerk of the Court for Frederick County. Attach a copy of the deed. SEp 1gg3 page 2 of 5 ca r SCE E 6. Magisterial District: 0 e uon 7. 14-Digit Property Identification No.: 7 5 L 2 2 8. The existing zoning of the property is: RP 9. The existing use of the property is: Building Lot 10. Adjoining Property: USE ZONING North Building lot RP East Building lot RP South Building lot RP West 11. Describe the variance sought in terms of distance and type. (For example: "A 3.5' rear yard variance for an attached two car garage.") A 4.27' front yard variance for a proposed single family dwelling 12. List specific reason(s) why the variance is being sought in terms of: exceptional narrowness, shallowness, size or shape of property, or - exceptional topographic conditions or other extraordinary situation or condition of property, or - the use or development of property immediately adjacent thereto The lot is unusually shaped - it is too shallow to accomodate our proposed house. The setback requirements and the cul-de-sac radius increase the 13. Additional comments, if any WP harp four models that we have designed for this subdivision -none of which will fit on this lot Due to square footage requirements the size of house that will fit is extremely limited. • Page 3 of 5 14. The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the variance is being sought, including properties at the sides, rear and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notified by mail of this application: (Please list complete 14- digit property identification number) NAME Address Frederick Woods Assoc. 8283 Greensboro Dr. #200, McLean, VA 22102 Ltd. Partnership Property ID# 75L 2 2 088 Addre Imperial Capital Corp P.O. ox 556 , inchester, VA 22604 Prope ID# 75L 2 2 90 -Address--- Winifred W. Hack, et als 513 E. Macedona Church Road, Stephens City, VA 22655 Property ID# 75 A 78.8 Address Property ID Address Property ID Address Property ID Address Property ID Address Property ID Address Property ID Address Property ID Address Property ID Page 5 of 5 AGREEMENT VARIANCE # Q 1-9- 93 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 County 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 APPLICIA�NT V41011__�11 A DATE SIGNATURE OF OWNER ,Q.A.Z,4 DATE Z/ SelO ;S3 ( if other than appl ' nt) �,� fI)LaCTNL -OFFICE USE ONLY- BZA PUBLIC HEARING OF ACTION: DATE - APPROVAL DENIAL SIGNED: BZA CHAIRMANN DATE: IS N • 0 R\e 0111�ti sow c,� '3 zo7' 89 � ion vvo � J z sz OlJ o I o'n° '2•� 'uc� \ter _Q ko c0- sue/°4�S'36,�•00 CJ .SO ' h'/►'� � o � oa G a c �-5Wo `lm)G PieoPv.5AED �OUS,E Oi� LD 'Y S 9 / SEC.7/DA) kVooD5 OPE,QUD,J %j/s'r �2�,UE21CK CO�� V/RG14/Kj ,VorE ' A1,v1c1kp fJc&q -DE�•lo7E s End c,eo q ct/M Enl'Y IN'yo ,,kl,Tli Af 41 �O Lr. fie ar CARRINGTON S. COBBS 9} CERTIFICATE No 47 B 0 rLAmNmG COUNTY OF FREDERICK COURTHOUSE COMMONS 2ND FLOOR P. 0. BOX 601 - 9 NORTH LOUDOUN ST. WINCHESTER, VIRGINIA 22601 /b'1 . r Rom. 4�.•y y4llk�i� /q,��l� . cr 3:MP RIAL CAP I T'AI... CORP 751_ F' 0 B 0 X 33(D W INC:HIESTM , VA w -HE, G 0 C T 0) 199-6 ' OCT ;5' 2 2 90 22h04.... `-�z .1 r 1 Dj I 0 0 i/ October 5, 1993 COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 TO THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) The Application of: MICHAEL PRELIP APPLICATION #018-93 FOR: a 4.27' front yard setback variance for a proposed house. This property is located off of Aylor Road (Route 647) on Mountain Ash Court, in the Opequon District, and is identified as PIN 75L-2-2-89. This variance application will be considered by the Frederick County Board of Zoning Appeals at their meeting of October 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, Ronald A. Lilley Planner H RAL/dc 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 0 COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 October 5, 1993 TO THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) The Application of: MICHAEL PRELIP APPLICATION #018-93 FOR: a 4.27' front yard setback variance for a proposed house. This property is located off of . Aylor Road (Route 647) on Mountain Ash Court, in the Opequon District, and is identified as PIN 75L-2-2-89. This variance application will be considered by the Frederick County Board of Zoning Appeals at their meeting of October 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, Ronald A. Lilley Planner II RAL/dc 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 This is to certify that 40attached correspondence was mai* to the following on October 5, 1993 from the Department of Planning and Development, Frederick County, Virginia: 75L.. 2 2 90 F�RE:DE:RICK WOODS ASSOC LTD PRTNSHP C/O THE: E:VANS CO 8.283 GRE:E:NSBORO DID 0200 MCL.EAN, VA 75L.. 2 2 90 IMF'Ch]:AL_ CAPITAL CORD P O BOX 339 WINCHE:STER, VA Imperial Capital Corp. P.O. Box 2566 Winchester, Virginia 22604 75 A Ila] HACK, WINIF RE:D W 974 EE MACE:DONIA CHURCH RD STE:PHEE.NS CITY, VA 'ti^.,cr,"-':i Winifred W. Hack 513 E. Macedonia Church Road Stephens City, Virginia 22655 Michael G. Prelip P.O. Box 338 Winchester, Virginia 22604 N Ronald A. Lilley, Planpq U Frederick Co. Planning ept. STATE OF VIRGINIA COUNTY OF FREDERICK I, R enP P 1 '; Ar l nt t a , a Notary Public in and for the State and County aforesaid, do hereby certify that Ronald A. Lilley, Planner H, for the Department of Planning and Development, whose name is signed to the foregoing, dated October 5. 1993 , has personally appeared before me and acknowledged the same in my State and County foresaid. Given under my hand this 1; day of Oc-tnhPr Tg4'� My commission expires on August 31, 1995 NOTAY PUBLIC Page 4 of 5 • . 15. Provide a sketch of the property (you may use this page). Show proposed and/or existing structures on the property, including measurements to all property lines and to the nearest structure(s) on adjoining properties. Please include any other exhibits, drawings or photographs with this application. Adjoining Property_YOUR PROPERTY Adtoining Property o v r �Addi-i�+ y $ o tlon I1 o_ Froert Line i -----------------------Center of Rood ------- Road SHOW THESE MEASUREMENTS THERE ARE NO ADJOINING HOUSES TO THIS PROPERTY. N � \'a ter ss zd . �a o\ IV, v RS to o � y N 347, / SPIN i ati� p.ec • 5.1- 71 s. �m•+rs.ac• ' 0 9' W e•R 7 MeuNTquJ MsN ce./LY c„ (so' RA4 �pV•/, i� 'ptN'7 .5NOWIm14 PRIFW.D /1Ou3E o1) Co'Y 87, 5EG7•/0/) YWO/ •FREDER/CK WooDS" 0Pt,9ue.J D1sY F,C[OeK1eK coy V/RG1Nlq JCP'r. /'7 /99D SGgCE_ I"c CO. 'CALL/NG'rs.1 / ce"'P :v suRrnyet W AAOI'Y" 1 V/RG14/q AAr : NwxNcD gRRA 2«l. r[• EJUegcNMWY TII 11"OA �• VGRRIRGIGR 3 WM CTAFIGIF 1p t 470 V,A,4", ,, Orc m MEMO CLERK