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HomeMy WebLinkAbout04-93 David M Smith - Backfile (2)RECEIPT FF, DERICK C UUN i i i..LI ' __ .NNING AND DEVELOPMENT P.O. BOX 601, 9 COURT SQUARE WINCHE3TER, VIRGINIA 22601 �an Ci2 <„661 AMOUNT DUE () ( ) ) 1 DATE a fit •�� �. � �o °i .,.���;- ~��►���''�. �� ,V • ...ter - s +' DATE: Z5 TIME: NAME: -2tAV 1 D SM 1-174 ADDRESS: TAX MAP: ZONING: SUBJECT: VIOLATION NO: PHOTOGRAPHER: Z. Ll v' DATE: 25 TIME: NAME: -DAB/ I U) SM ( ►4 ADDRESS: TAX MAP: 3 30 ZONING: SUBJECT: VIOLATION NO: PHOTOGRAPHER: 9 • L, lL, DATE: TIME: NAME: 0- �PAV I D '5�M 1774 ADDRESS: TAX MAP: ZONING: SUBJECT: VIOLATION NO: PHOTOGRAPHER: 9• Li/l I COUNTY of FREDERICK I March 18, 1993 Mr. David M. Smith 248 West Redoubt Road Winchester, VA 22603 Dear Mr. Smith: Department of Planning and Development 703 665-5651 Fax 703 678-0682 This letterjs to confirm action taken by the Frederick County Board of Zoning Appeals at their meeting of March 16, 1993. Your application #004-93 was approved for ' a 30' variance from the required 80' road efficiency.,buffer for Route 37,' with the coaditio.n Athat a full screen is provided, and an 18' variaumf-rom the required. 20': separation betxvc=:41jy0ways and dwellings. This property is 1Qcated,at,the end of Routet.832 in the Stonewall",T)i,Wict and, is :identified as GPIN 53A-Ar310.t Pi_-ase:46�1 free .to .call .this offi,�e if `you have any%!queqions. Sincerelyo.,. Ronald A Planner, If.� RA-L/slk-.. ,cc: Scot. Marsh, G. W., Clifford .-&--.Associates 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 0 0 HILLCUP W COUNTY of FREDERICK t Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 MEMORANDUM TO: Finance Department FROM: Denice Cather, Clerk Typist SUBJECT: Return Of Sign Deposit DATE: April 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: Mr. & Mrs. Alson Smith 248 West Redoubt Lane Winchester, Virginia 22601 Please contact me if you have any questions. DRC/gll 9 North Loudoun Strect P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 BZA REVIEW DATE: 3/16/93 VARIANCE #004-93 DAVID M. SMITH LOCATION: At the end of Route 832 MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 53A-A-30 PROPERTY ZONING & USE: Zoning - RP (Residential Performance) Land use - vacant ADJOINING PROPERTY ZONING & USE: Zoning - RP (Residential Performance) Land use - residential and vacant VARIANCE: a. 30' variance from required 80' road efficiency buffer for Route 37,..provided a full screen is provided, and b. 18' variance from required 20' separation between driveways and dwellings. REASON FOR VARIANCE: a. the road requiring the efficiency buffer is out of visual range and is 40' lower than the portion of the property where the buffer would normally be required. b. the size and shape of the parcel does not allow for the normal 20' separation with the building layout envisioned. STAFF COMMENTS: The road efficiency buffer requirement is normally 100' from Arterial/Limited Access roads such as Route 37, but may be reduced to 80' if a full screen (landscaping and a 6' high solid fence) is provided. The buffer is to reduce visual clutter from collector and arterial roads, to allow for future road widening, and to prevent lots from having direct access to such roads. The 20' separation between buildings and parking areas/driveways is to prevent vehicular traffic from disturbing the inhabitants of dwellings. As always, variances are required to be based on undue hardship. In this case, the applicant has several alternative development schemes that could be employed on this property and would not require any variances. In this situation, the intent of the road efficiency buffer is met largely by the difference in elevation between Route 37 and the property and by the limited access nature of Route 37, which prevents any dwellings on this property from having direct access to it. With a full screen in place, the reduction of visual clutter for vehicles on Route 37 may be achieved in this case without the full 80' distance buffer. The Ordinance requirement for 20' separation between buildings and parking areas/driveways is primarily for separating common driveways from individual dwellings, rather than for separating individual driveways from the dwellings they serve. Because the Zoning Ordinance does not clearly distinguish between the two, the applicant has been advised to apply for a variance from 20' requirement in order to be sure that this aspect of the development would be in accordance with the Zoning Ordinance requirements. The County is in the process of revising the Zoning Ordinance, and may well amend this provision to distinguish between the two driveway conditions. The applicant has had an informal discussion with the County Planning Commission about this development proposal and the Planning Commissioners were, by and large, reasonably supportive of the design concept. Although this case does not meet the technical "undue hardship" requirement, there may be a reasonable basis for granting a variance, since the intent of the Zoning Ordinance requirements is provided for here. STAFF RECOMMENDATIONS: Approval, with the condition that a full screen will be provided along the edge of the property closest to Route 37. page 1 of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA -OFF``I��CE USE ONLY- Variance, Application No. �(�'7"93 Submittal Deadline Submittal Date f c�oZ -�/�_ For the meeting of Fee Paid Sign Deposit initials: yes Sign Return Date: 1. The applicant is the owner other (Check one) 2. APPLICANT: NAME:v` A. 5,. ADDRESS I qlg-°` 4 k _ CRVC-, 60 TELEPHONE: ;F M ci d w) (06,7= It25 3. The property is located at: OCCUPANT: (if different) NAME: _ ADDRESS: TELEPHONE: (please give exact directions) 4. The property has a road frontage of feet and a depth of 5 cis 'feet and consists of acres. (please be exact) �l 5 . ' The property is owned by G1-y�(% as evidenced by deed from recorded (previous owner) in deed book no. 700 on page registry of the County of Frederick. 6. Magisterial District: g page 2 of 5 • w 0 7. 21-Digit Property Identification No.: 53A —A - 3c 8. The existing zoning of the property is: R 00 9. The existing use of the property is: 1/0 C.C� Lt� 10. Adjoining Property: USE /- ZONING North -- v�(�h l� East,-�4�Ct) P South West 'u� =D� P 11. Describe the variance sought in terms of distance and type. (For example - A 3' rear yard variance for an attached two car garage.) �i.Jt�l-- ����tJ IS �}Za�t��• 12. List specific reason s) w the vari nce 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 h�� 13 - the use or development of property immediately adjacent 7v- 4,,z-e- "V' 4Art- 0 Tom- fdrGel /va nol ollw Mc- normb{ 20' poro'M WA j4cbli��d��q 7�r �ayo� crrv'S,'ancd. page 3 of 5 • M • 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.) IMIMS Cq, f>Kdf'-3-t, P, . V/r' Address Property ID# �JUG�%O Q br346Q/4OOOOUO 0 '^ V4 Address Property ID# 534004&00000&0000031 *'SS' A;v c �',c �/ Fa l �� Cam' GX �v Address V Property _ — ID# ,TL (LJaou —ao/ lv6 , ff /�wFaro 17.3 1-7 �t �,((� /3 t Address Property ID# /� /� ,gyp V o'V c 1. %'^av K % LO t/ for Address Property ID# 31-1 ool�Goovaoovvcz,�vn 3 f r Address Property ID# 3 80 O Q0©0Go ©OGO Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# page 5 0f 5 AGREEMENT VARIANCE # fJOil- �'3 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 ne best of my knowledge, true. SIGNATURE OF APPLICANT SIGNATURE OF OWNER (If other than applic -OFFICE USE ONLY- C `'�vumw' t DATE � DATE BZA PUBLIC HEARING OF ACTION: DATE — APPROVAL DENIAL SIGNED: BZA CHAIRMAN DATE: [ �` Y page 2 of 5 7. 21-Digit Property Identification No.: 53AA 8. The existing zoning of the property is: V 9. The existing use of the property is: 10. Adjoining Property: USE ZONING North East �'���• 4�C 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.) 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 eto 13 page 3 of 5 . • 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 Property ID#�C G 00 0C )C7 - LSD Ohs, S�" 3,10 n i� S �< { S -7t4 �,rc�n Address Property ID# p y 53/70o4c0000000 0002 s' i�t- cVa � Address c4-y LProperty ID# /,� - COC v� CGC Fl16'-rl` /",7 li✓��f �c /. I�.Z - Address Property ID# G��,�S ..t 1. %��civ �E� Address 7 CO 0E5C� �.. Property ID# s ? r� `�.- Address Property ID# , , 3 d0 UUc��c•GoC')r Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# • 0 rti 0 00w`0 °F 42 1V%, Smith Property RP Zoning 0 page 4 of 5 • 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 1 � � tAddi,�--► T N $ I ton Property Line i '---------------------=Center of Rood — - - - - --' Rood SHOW THESE MEASUREMENTS e C 0 0 COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 March 3, 1993 TO THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) The Application of. DAVID M. SMITH VARIANCE APPLICATION #004-93 FOR: a 30' variance from the required 80' road efficiency buffer and an 18' variance from the required 20' between driveways and dwellings for a new development. This property is located at the end of Route 832, in the Stonewall District, and is identified as GPIN 53A-A-30. This variance application will be considered by the Frederick County Board of Zoning Appeals at their meeting of March 16, 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 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 thaI'Department a attached correspondence was led to the following on March 2, 1993 from of Planning and Development, Frederick County, Virginia: w3A A 32 MARKL.E:Y, ..JAME:.S & MARY JANE 5 3A A ?0ca MIL.AM DR SMITH, DAVID M. 3U WINCHE:S>TER, VA 248 W REDOUF.4T LAN]:-. 2 ?e! 02-- WINCHESiTE:R, VA. - 22603 CARPER, Roy B 53A A 1305 DARL_INGTON&Di� 1VI.A WINCHE:STE::R, VA. 22601 �i3A A SMITH, DCINAL. L ., SUNNYS3IDE: STATION WINCHESTE::R, VA. 54 SHOCKE:Y BROTHERS, INC. P o BOX 2G30 W I NC:HESTER , VA 5 3 A A ;320 MARKL.E:Y , JAME."S> 7' . & MARY JANE 570 MIL.AM DR :29 WINC:HE S'T'ER, VA 22602— "i3A A I)EE:HAVE:td, MAF.'eL..kc. C.34 C/O H.D. DEHAVE:N 351.5 CHAPEL DRIVE 31 SARASOTA , FL..A . 34234-521, 22601— H.D. Dehaven `1425 Main Street A 14 Sarasota, FA 34236 2 604-- ;5i3A 3 2 120 E:ME:RSON, EVERETT G: � 14:37 WILLIAMS DR. WINCHE:STER, VA. W. Wayn6 Miller, 21iing Administrator Frederick County I ept. 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 March 2, 1993 has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this 2nd day of March , 1993• My commission expires on August 3 , 1995 Fro '004,