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HomeMy WebLinkAbout06-94 Michael & Dianne McMillan - Opequon - BackfileRECEIPT N2 024109 AMOUNT DUES S T AMOUNT PAID $� cy BALANCE DUE PAID BY CASH CHECK OTHER FREt... J'-;; ((:' "t' I:;.Pl. OF PLANNING AND DEVELOPMENT P.O. uux 601, 9 NORTH LOUDON ST. WINCHESTER, VIRGINIA 22601 ADDRESS THE SUM OF v ' �� �, ( OLLARS FOR \! t f✓'\d-YbkaYti�;�, ��� 00 I BY DAY -TIMERS RE -ORDER No. 3221 — P-ted I. USA Sx� ryt G 60 �'91 � �`ai 'S � l , - - ___ - ' _. .. ._ ,. �. .j r �ti , '"•t 4 4 N, M 0 COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 June 23, 1994 Michael & Dianne McMillan 197 Canterburg Road Stephens City, VA 22655 Dear Mr. & Mrs. McMillan: This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their meeting of June 21, 1994. Your application, #006-94, was approved for a 18' front yard variance for a two-story attached addition. -This property is located off of Double Church Road, on Canterburg Road, in the. Opequon District, and is identified as PIN 86-3-B. Please feel free to call me if you .have any questions, regarding your variance. Sincerel , 0). Pj vlek� W. Wayn Miller Zoning Administrator WWM/slk 9 North LOLI(loun Strect P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 0 BZA REVIEW DATE: 6/21/94 VARIANCE #006-94 MICHAEL & DIANNE MCMILLAN LOCATION: Off of Route 641 (Double Church Road) to Route 636 (Canterburg Road) MAGISTERIAL DISTRICT:. Opequon PROPERTY ID NUMBER: 86-3-B PROPERTY ZONING & USE: Zoned RA (Rural Areas) land use - residential ADJOINING PROPERTY ZONING & USE: Zoning - RA (Rural Areas) Land use - Residential and agricultural VARIANCE: A 18' front yard variance for a two-story attached addition REASON FOR VARIANCE: Retaining walls into the front of house are cracking and crumbling due to water pressure. Applicant was originally going to build an addition in the back of the house, but decided to build in front to replace the cracking retaining walls. STAFF COMMENTS: The condition of the retaining wall is an unrelated issue when considering the proper placement of the home addition. The applicant still considers placing the addition in the back as a feasible option. There is more than adequate space in the rear of the home to accommodate an addition. There is also concern that if Route 636 (Canterburg Road) is widened and/or paved in the future, the front setback would again, be significantly reduced. Reducing the front setback is also a problem due to the steep slope of the -land. Again, if Route 636 is widened and/or paved in the future, the steep slope of the land would make access to the property very difficult. 0 0 Page 2 McMillan June 1994 STAFF RECOMMENDATIONS: The applicant has applied for a variance, not because she has no other options, but to increase her options. Variances should only be approved when a clear hardship exists. Since there is no hardship proven in this case, the staff recommends denial. 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 i/ other . (Check one) 2. APPLICANT: NAME: 49,cAAL L V, /// g/LL&V ADDRESS )97 L'A/UT&,eQCIL2e RD, TELEPHONE: OCCUPANT: (if different) NAME: ADDRESS: TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): r,eAM 101 Al C M E5 T E,- 'TA r- C ST I 1 Scxc T l-1 -7 1-7 L Pli- A Q'f Q M i L E-S l D 0ES T LR 0-JfT� r�,J 4 -A6 (00/V l E480P-CY f-D), 4. The property has a road frontage of Llr� () feet and a depth of ' 1.10 feet and consists of o2.g/a0-� acres. (please be exact) ,,.,,//�� 5. The property is owned by M10120EL GJ 4- P I)IO de-z 1 179ll -191J as evidenced by deed from 1Jju.i/yiYl ["g- �RIVDelq /�, 5Aa/DPj��e corded (previous owner) in deed book no . S6 j on page / % of the deed books of the Clerk of the Court for Frederick County. Attach a copy of the deed. page 2 of 5 6 . Magisterial District: �� ny L{ Q 40 7.. 14-Digit Property Identification No.: 2'k 6006,--3 &0060 8. The existing zoning of the property is: 9. The existing use of the property is: 10. Adjoining Property: USE ZONING North /�(�,�1C1c�7��AL_ %CL East �� 51D Z:,:- VT/ f} L I L4 South Ar',e)CIttnteHL- TLO West oo-]f1-L R-CC 11. Describe the variance sought in terms of distance and type. - (For example: "A 3.51' rear yard variance for an attached two car garage.") -'-Amr.�, 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 13. Additional comments, if any 0 A-3 C- _/ 11JDIE'(r,-©L Al_ZD 'r©4 0 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 tiaaress 9-zc- AI/W6-fl-IJ1 Property ID# Address Y6 oID 8 LiUe'A J-Cfj[VAIL -Property(,1 ID# �b - 69AYT 6DC 8Y e � p (�' . /� Address .ICJ ' U. X T 73 kocrffi94T, IL Property Address ID# #oi� ie � ��, `�` 71 ��}G`��.0 eHltecli RD,, Property Address ID# t/"J Property ID# Y4 Iq Address -Property ID Address -Property ID Address Property ID Address Property ID Address Property ID Address Property ID Page 4 of 5 • 15. Provide a sketch of th Show proposed and/or including measurement nearest structure(s) o any other exhibits, application. Loy e property (you may use this page). existing structures on the property, s to all property lines and to the n adjoining properties. Please include drawings or photographs with this Adjoining Property YOUR PROPERTY Adjoining Property a c I� r �AddMl $ Po erty Line ----------------------=Center of Rood ------- Rood SHOW THESE MEASUREMENTS • • # ro 0 Page 5 of 5 AGREEMENT VARIANCE # 006-94 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 APPLICANT `7�iU/�,y.�,Q�(J� DATE9 9 SIGNATURE OF OWNER DATE (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF ACTION:. DATE - APPROVAL j� DENIAL SIGNED:C1�!l✓���/ ✓�� BZA CHAIRMAN �� d DATE:` j / ` TXIS IS TO CERMT TIUT ON L 27, 1990 I J�Sl AN LCCURA, OF TER PREXISSS SEOWN Z9=l AND TUT TEEREP LRI NO S OR ENCROlCD�'NT= rISIB ON TEE GROUND OTEIE TUN TIM BMW MOWN. PLLT IS RNCOEDSD IN DIED BOOLr365 AT PA K 211_ LOT DOES NOT FALL IN L FLOOD TIZAED ZONZ. LAND OF Sp.LTH 0 W I LL I AM E . & SANDRA A. SANDR I DGE O OPEOUON DISTRICT FREDERICK COUNTY, VIRGINIA UO 1AM * BURS y, NO. 1455 MASIELLO 704 /523 NZ) SURD ra iPF S 43025'02"W 398.38' h �O ,4.j, OOSBY oC) 663/18 0 0� CA AXLE 105. 00' IRON FD FD N 43000'00"E O LOY N e / 384 / 125 !c, , STORY BRICK JiPF oiwIPS 830'! T RTE.. 641 N 40000' 00"E 120.00' 2.9209 ACRES POWERLINE N 3205" E 294.J 1E R��TE 636 HOUSE LOCATION SURVEY FURSTENAU SURVEYING STEPHENS CITY, VIRGINIA 22655 AXLE FD. rn cri m N i� N 0 O I` v m r� cD w H Q Y U O J DATE: RUG. 27,1990 SCALE: 1"=80' DWN. BY: 0 0 COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 June 7, 1994 TO THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) The Application of: MICHAEL & DIANE MCMILLAN APPLICATION #006-94 FOR: 18' front yard variance for a two-story attached addition. This property is located off of Route 641 (Double Church Road) on Route 636 (Canterburg Road), in the Opequon District, and is identified as PIN 86-3-B. This variance application will be considered by the Frederick County Board of Zoning Appeals at their meeting of June 21, 1994, 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, dew_ IN-Vt. Jean M. Moore Planner I JMM/dc 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 lief) L..{3Y , 'GL..t:EIN I...kE:fE>'T'1 :ti: ,.1i'•;:.. ;cl'r {":F:•1' 11's:Nf l f.::l: "<'Y , VA {Ear) ..JUKANNE. CL..AIR1:E S tta:?S {' 1'•`•tN'i E Fa1C11J!'1Ca FAX) C')T ::PH E:NCI CITY, VA. {iltf> 1•4Cl{.vER S n r- � o . BOX 8'73 This is to certify that • attached correspondence was m w to the following on June 7, 1994 from the Department of Planning and Development, Frederick County, Virginia: (36 :5 B 1✓0111I.,.L..AN., 111:C:HAE-3... W & X):I:ANNr- 5.9 7 C,AN'r'C::RlF:UFJ RX) S:i'r'I :! '111iE:N:Ei C::1 TY,. VA.. i X:4'M). i i A a. 3 :x {::X:-j'Y,HOWARD W. Vw1: w;rwir)a,E;'; & IF:,Wi::.L..L.. B X){:l{.IX:4L..Er C:HURC:I••1 I"a{:1AX) ;3'r'i~:M'1•d :N�.s C::i:r'Y, VA ';s�)651`5.... 1...AC:f;E:Y , JC1l•4N N & ANN 13 1.`74ea X9{:il.iF.iI_ji:: C:HI.1l:i{::H RX) C: l 'T'Y , VA STATE OF VIRGINIA COUNTY OF FREDERICK Fj 2440 .i can M. Moore, Planner I Frederick Co. Planning Dept., I, RP71PP) S . Arl otta , a Notary Public in and for the State and County aforesaid, do hereby certify that Jean M. Moore Planner I for the Department of Planning and Development, whose name is signed to the foregoing, dated June 7, 1994 , has personally appeared before me and acknowledged the same in my State and County foresaid. Given under my hand this 7 : day of June 1994 My commission expires on August 31, 1995 !KM/ I � =I/ - NEWA page 2 of 5 r 6. Magisterial District: 6 p Q y o /L, 7.. 14-Digit Property Identification No.: 661003- 66 00C � C 8. The existing zoning of the property is: 9. The existing use of the property is: 10. Adjoining Property: USE ZONING North Ar,4)6L11-TL(e1qL_. 9-OL East AE / D n)T/ R L - cLA South _AAe, CaLru.2AL_ RR West W -;5/ D EnYTI A-L [_CC 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.") i In /s 1 . i 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 A)E7-,qJA!/nlG= IIA1,CS ZAJTO /Y0u:56- /aL" '(269CK/AJ L� LFROM WAVA"49 13. Additional comments, if any .nI izi r'.ecLcni!i Ec04 !' _TAiA)1A)-' (^ PC.Cs 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 e-ZCA1/,B6_TT� l75 OHA)TE48LAR�. ,P0i4 b ` t.o y Property ID# &_ o 10 ID '. 001) 0 ' Address Property ID# �/3 e1gAJTE4RUe6- RD,q' 'Teplvt/& Ce�� oG le -5 • Address PO -BOX Y 73 !� 1_t�CX HfY,2T, �� Property Address ID# C0 _ ____ -- f} ____ - 233 1,5 71 2)DU SC Ci�ct,ec= H R b, fEly" �L C. C�1H I TE Property ID# - 6_ - - _ /9 _� ,T/c ,#Al A. 4- flrvA/ Address Property ID# f}- Address •Property ID -Address -Property ID -Address Property ID Address Property ID Address Property ID Address Property ID; U\ THIS DEED made this 17th day of September, 1990, by and Q� between SANDRA L. SANDRIDGE SWADLF.Y, who is the same person as Jo SANDRA C. SANDRIDGE and DAVID L. SWADLEY, her husband, x c V V hereinafter called the Grantors; and MICHAEL W. MCMILLAN and o DIANNE MCMILLAN, his wife, hereinafter called the Grantees. WITNESSETH: That for and in consideration of the sum of V) Ten Dollars ($10.00) and other valuable considerations paid the Grantors by the Grantees on or before the delivery of this Deed, the receipt of all of which is hereby acknowledged, the Grantors do hereby grant, sell and convey, with general warranty and with English covenants of title unto the Grantees, in fee simple, jointly as tenants by the entirety with common law right of survivorship, the following real estate, together with all im— provements and appurtenances thereto belonging but subject to all easements and legally enforceable restrictions and reservations of record affecting such realty: All that certain parcel of land situated on the Southeast side of Route 636 (Old Mill Road) just Southwest of its in— tersection with Route 641 in Opequon District, Frederick County, Virginia, designated as Parcel B on the plat and survey dated April 19, 1968, made by Lee A. Ebert, Cer— tified Land Surveyor, attached to the hereinafter mentioned deed, containing 2.9307 acres, more or less, being the same property conveyed to William E. Sandridge and Sandra C. Sandridge, as tenants by the entirety, by deed dated June 23, 1970 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 365, Page 209. William E. Sandridge died December 11, 1983, vesting fee simple interest in Sandra C. Sandridge; and further described by a plat and survey of David M. Furstenau, L.S., dated August 27, 1990 and attached hereto. WITNESS the following signatures and seals: ,(J, [Ltu,ae 14at[�(c�Ct J il)141 p<c_1- (SEAL) Slot DRAAL. SANDRIDGE SWADLEY SMARM. MCCAMDUSM a.w (SEAL) R ROCKWOOD DAVID L. SWADLEY Arrs.rnr AT ur rIrcrcnn, n.airi[ �� STATE OF VIRGINIA ^ , . 4.6 �19 �V'I- 0 BK750FG1130 City of Winchester, to —wit: The foregoing instrument was acknowledged before me this day of September, 1990, by Sandra 1. Sandridge Swadley and David L. Swadley, her husband. My commission expires N ary Public SUMP. MCCAMDUSM P ROCKWOOD t7TounS AT LAW wMeNUT[.. ♦IN{IMIA • 0 We IS TO CMITIft TIAT ON AUGUn 27, 1990 1 MI AN ACCURATE SURTErT 07 TIE PREP(I 8 BROWN 1� Am TW T>lZMARZ HO YAMMMS Olt EXROAMUMS VISIBLE ON TO GRO4ID OT1= TIAI 2� as= >®ox. 6K 7 5 G c l l 3 1 PLC? is 1300EM 111 DAD BOOK 365 AT PAU 211. "uALO'! MM un FALL IN A FLOOD IAZARD ZONE. LAND OF 'j,p,LTN pF W I LL I AM E . & SANDRA A. 5ANDR I DGE �O G; OPEOUON DISTRICT 71 FREDERICK COUNTY, VIRGINIA U 14V{D N. FWSILhAu y *0. 1455 MASIELLO 704 /523 l�o �Suo:111PF 5 43025'02"W 398.38' to �� COSBY §1 663/18 RR� �i A70.Ey 105.00' IRON FD FD N 43°00'00"E O LOY s, / 384/125 All 1 STORY BRICK 'v �J o `'' / EDiw IPS 830'1 TO IPF — RTE.. 64I N 40000' 00"E 120. 00' 2.9209 ACRES pOWERLINE — N 32051 28,1E 294•J, R3U�E 636 5�A�30VIDE1- HOUSE LOCATION SURVEY FURSTENAU SURVEYING STEPHENS CITY, VIRGINIA 22655 VIRGINIA: FREDERICK COUNTY, 5CT.: This= of "'IV", used torm and with urtffiute Of ledgment thereto annexed wu adm ed t record. Tax Imposed by Sec. 58 54.1 0l i red 58.54 have been paid, it assessable. CLERK AXLE FD m Q+ M to m N 1' F IN M o = 0 Y U O J z IPS _ D 411 DATE, AUG.27,1990 SCALE: 1"a80' DwN. Srt • r