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HomeMy WebLinkAbout10-82 Donald L Lemarr - Opequon - Backfile44� o ICE-g a 1 �r.ez�.ertr�t C�onn�� Dryar#men# of Planning ttnb p6glopmrnf DIRECTOR JOHN T. P. HORNE DEPUTY DIRECTOR STEPHEN M. GYURISIN June 24, 1982 Mr. Donald L. Lemarr Route 1, Box L64 Stephens City, Virginia 22655 Dear Mr. Lemarr: P. O. Box 601 9 COURT SQUARE WINCHESTER. VIRGINIA 22601 This letter is to confirm the Frederick County Board of Zoning Appeals' action at their meeting of June 15, 1982. Approval of variance application no. 010-82 of Donald L. Lemarr requesting a 10' side yard variance for a detached garage in the Opeguon Magisterial District. If you have any further questions, please do not hesitate to contact this office. Sincerely, Jo T. P. Horne Director JTPH/rsa 703/662-4932 # OIC:)-ga..-a_ APPLICATION #010-82 The application of Donald L. Lemarr requesting a 10' side yard variance for a detached garage. This property is zoned A-2, Agricultural -General, and is designated as Tax Map 86B, Circle 1, Block B1, Parcel 6, in the Opequon Creek Magisterial District. BACKGROUND INFORMATION The applicant wishes to construct a detached garage that would extend 10' into the required side yard area. This would require a 10' variance of the side yard regulations for an accessory structure, located in the A-2, Agricultural -General zoning district. The A-2 zoning regulations state that accessory buildings shall be located at least 15' from the property line. . i y APPLICATION FOR VARIANCE Fee paid FREDERICK COUNTY, VIRGINIA-- Application No. Date of Application " Applicant owner other (please check one) Name: 1Jc�r;A I� . �2:r�ia;ziZr Occupant (If other than applicant) Address: Name : Address: -- Telephone - - Telephone - Location of property oh' "h, fl District .Existing Zoning Property Identification dumber Existing - Use Adjoining properties zoning A _� Adjoining properties land use .'Variance Sought (describe briefly relief sought)+` Y N+ -. .... .,.. _.. - .. .. - - ... .'+�. .�•._..�... .::.t. ANT. } Reason for Seeking Variance. r 1+ / - A, , fi J . The person and (his) (her) (their) address awning and/or occupying adjacent property to the property sought to b�a affected (are) (is) : (Give names of all owners adjacent, across the r©ad or highway -and facing the property and any owners across any railroad right-of-way from such property. In the event the property affected is situated at or within 100 feet of the intersection of any two or more -roads or highways,`' at or within one hundred feet of the intersection of the rights -of -way of any two railroads, give names of property owners at all corners of auy, such intersection). Name Lot or tract 44) Itwe hereby depose and say -:that -all o:f :tii-e -abo.ve..sta.teneents --a=d zthe contained in any exhibits transmitted are 'true_ ..:..... .s�-atemertt 19_ Applicant C1 For Office Use Only �• : Zoning Administrator has/has/.not rendered a -decision if jso, °Mate substance of ;decision - Ja-te Sate of hearing: honing Administrator' Final Becisiort Lade: -. _ _ -- rhe Variance sought was denied approved with the followiag coalitions_ - ME n . 0 �0::ING A -PT AJ, I 3udlding Permit " ,onditi.onal Use Permit bv: * J 9- 610-SD--5' ti\ NV \0 9 `il 0 \\ tit 2A Z� B 6 aj ,La a 6 B ?� 3 6 ,yti � 4 `i op t ,., a2 I DONALD L. LeMARR, et ux I O M s -l()::... DI:I-:[) OF TRUST J. SI.O,\N hUYKI:NDAj,1. and HENRY 11. W I II.11 NG, "Trustees VIRGINIA FREDERICK COUNTY, (SCT. This Instrument of writing was pr Ice to me on the/... ....-_ day an with certi late of acknowledgment hereto annexe tiv3 ydi.11,ed to re d RErG RDED BOOR, -- y.......... ..__-- PAGE .......... I- $- I b LAW OFFICES KUYKENDALL AND WHITING WINCH ESTER,VIRGINIA 22601 1 THIS DEED OF TRUST made and dated thi3rdday of September, 1965, by and between Donald L. LeMarr and Janie F. LeMarr, his wife, parties of the first part, and J. Sloan Kuykendall of Winchester, Virginia, and Henry H. Whiting of Frederick County, Virginia, Trustees, either one or all of whom may act, parties of the second part. WITNESSETH: That for and in consideration of One Dollar ($1. 00) in hand paid by the said Trustees to the parties of the first part, on or before the delivery of this deed of trust, the receipt of which is hereby acknowledged, the parties of the first part do hereby grant and convey, with general warranty of title, unto the said Trustees, and their successors for- ever, the following real estate, to -wit: All that certain lot of land situate on the South side of West Street in Opequon Magisterial District, Frederick County, Virginia, and designated as Lot No. 6, Block B, on the plat of Lone Oak - Section 1, recorded in the Frederick County Circuit Court Clerk's Office in Deed Book 299, at page 115. This is the same property conveyed to the Grantors herein by deed of Floyd A. Whitacre, et al, bearing even date herewith and recorded in the aforesaid Clerk's Office im- mediately preceding the recordation of this trust. TO HAVE AND TO HOLD the property herein conveyed to the said Trustees and their successors forever. BUT UPON THIS TRUST NEVERTHELESS: To secure the holder thereof the payment of one negotiable note of even date herewith, drawn by the parties of the first part in the sum of Eleven Thousand Five Hundred Dollars ($11, 500) payable to the order of Winchester Savings and Loan Associ- ation at its office in Winchester, Virginia, with interest at the rate of six (6) per cent per annum and, to retire the above debt and interest agree to pay on the first day of each calendar month hereafter, (1) the sum of Seventy-four Dollars and Ten Cents ($74.10), to pay, first the interest currently due on the above debt and the remainder thereof to apply as a credit to the debt due, until said debt and interest shall have been completely paid, and (2) one -twelfth (1/12) of the annual taxes. IJCI 13_ ; AND FURTHER IN TRUST, to secure the payment of any money, with interest thereon, advanced by the holder of the hereinabove described note to the parties of the first part or their successors in title at any time before the release of this deed of trust for any purpose to the extent that the amount advanced at any one time when added to the balance due on the original indebtedness and any prior advance, shall not exceed the amount originally secured by this deed of trust. This deed of trust is executed and is to be construed in accordance with all the provisions of Sections 55-59 and 55-60 of the Code of Virginia, and all amendments thereto, except as otherwise provided herein. Advertisement required: A single publication of notice of sale at least ten (10) days before the date of sale in any newspaper of general circulation or published where the property is located. Commission of two and one-half percent (2-1/2%) of indebtedness due Trustees if property advertised but indebtedness paid before sale. Right of anticipation reserved upon sixty (60) days written notice. Exemptions waived. Subject to all upon default. Insurance required against fire and other calamity in the amount of the original indebtedness secured hereby. All powers conferred by this deed of trust on said Trustees may be exercised by any one or all of said Trustees. The holder of the indebtedness secured by this deed of trust is hereby granted the power to appoint a substitute Trustee, or Trustees, in accordanc with the provisions of Section 26-49 of the Code of Virginia in the event of the resignation, death, incapacity, disability, removal or absence from the Statc of a Trustee or Trustees; such substitute Trustee or Trustees shall be designated by instrument duly executed, acknowledged and recorded among the land records where the property is located and shall have the same powe as if originally named herein. -2- aoor l_L _ ; rcE SSG Witness the following signatures and seals: 0 C�11 'j1/1�_ Z/ (SEAL) Donald L. LeMarr n, J. 7� (SEAL) STATE OF VIRGINIA, Janie F. LeMar CITY OF WINCHESTER , To -wit: I, Ruth G. Lewis a Notary Public in and for the State and City aforesaid, do hereby certify that Donald L. LeMarr and Janie F. LeMarr, his wife, whose names are signed to the foregoing deed of trust bearing date the day of September, 1965, have acknowledged the same before me in my State and City aforesaid. My Commission expires December 12, 1965 Given under my hand this day of September 1965. Notary is FRECER•CK COU;<.Iy, SCf• 4.4N day of ;lus Instrument of writing was produce to me on the and w,th certificate of acknowiad9mentthereto a xed was admitted 4­17 to record,0 JJ, ;1_4 L.,�rr Oe& -3- ®r6P�'�-lam Ptyartment of laming nub DIRECTOR P. O. Box 601 JOHN T. P. HORNE 9 COURT SQUARE DEPUTY DIRECTOR WINCHESTER, VIRGINIA 22601 STEPHEN M. GYURISIN June 1, 1982 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The application of: Donald L. LeMarr Variance Application for a 10 foot side yard variance. The conditional use permit request will be considered by the Frederick County Board of Zoning Appeals at their meeting of June 15, at 3:30 p.m., in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. Any interested parties having questions or wishing to speak, may attend this meeting. JTPH/dll Sincerely, ace, ghn T. P. Horne Director 703/662-4532 010-D-13 This is to certify that the attached correspondence was mailed to the following on June 1, 1982 from the Office of Planning and Development, Frederick County, Virginia: James R. Huffman Route 1, Box L66 Lone Oak Subdivision Stephens City, VA. 22655 Rudy Bushong Route 1, Box L60 Lone Oak Subdivision Stephens City, VA. 22655 Gary Strosnider Route 1, Box L65 Lone Oak Subdivision Stephens City, VA. 22655 STATE OF VIRGINIA, R. L. Bruce Route 1 Lone Oak Subdivision Stephens City, VA. 22655 F. A. Wilson Route 1, Box 9 Lone Oak Subdivision Stephens City, VA. 22655 E. R. Neff Route 1, Box 377 Stephens City, VA. 22655 Donald L. Lemarr Route 1, Box L64 Stephens City, VA. 22655 J n �T.� P. Horne Director, COUNTY OF FREDERICK, TO -WIT I ,`�,L� a A- -a Notary Public in and for the State and County aforesaid, do hereby certify that JOHN T. P. HORNE, DIRECTOR, PLANNING AND DEVELOPMENT DEPARTMENT, whose name is signed to the foregoing, dated — --%. __, 1982, has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this % -day .of 1982. My Commission expires_V4_ _W_-P_ '- -- - - - -� NOTARY PUBLIC '