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HomeMy WebLinkAbout04-81 Ernestine Hoover - Back Creek District - BackfileC Dryar mlent of 111anning aub p.efxxlz yment JOHN RILEY P. O. BOX 601 PLANNING DIRECTOR 9 COURT SQUARE JOHN T. P. HORNE WINCHESTER, VIRGINIA 22601 DEPUTY DIRECTOR August 21, 1981 Ernestine Hoover Route 4, Box 83 Winchester, Virginia 22601 Dear Ms. Hoover: This letter*is to confirm the Board of Zoning Appeals action at.their meeting of August 18, 1981: Approval of two lot area variances; 45,623.square feet and. 29,.411 square feet. If you have any questions, please do not hesitate to contact this office. JRR:dll Sincerely, )ac' d John R. Riley, Director 703/662-4532 004t -W[ 2.... The application of Ernestine Hoover, requesting two lot area variances; 45,623 square feet and 29,411 square feet. The property is zoned A-1, Agricultural, Limited and designated as Tax Map 52, Parcel 150 in the Back Creek District. BACKGROUND INFORMATION The applicant is selling the non -conforming commercial structure on Tract "A" and wishes to retain the house on Tract The original tract must be subdivided in order to accomplish this sale and there is insufficient lot area to establish two tracts which will meet the minimum lot area requirement of 70,000 square feet. APPLICATION FOR VARIANCE :Fee paid S .$0?0 ©-FREDERICK. COUNTY, - VIRGINIA Application No. Date of Application Applicant owner 1". other (please check one). Name • FI? N ES TI N �_ (-� ooVe,2 . Occupant (If other than applicant) Address: 4 gok 83 Name: �IN�fS7�2 14 2-7�(ob l Address: Telephone (o fo Z ^ Z 9/ e Telephone Location of property LA31; S 7 G02Nf2 Of= u 5. Sy Ge�E'S f' Magisterial District.!A�,,,e,.CRcsle- Existing Zoning A^ 1 Property Identification Number Existing Usem�21�.Q�- �Q/�/ *1�2S�G�T/'QG Adjoining properties zoning ,1 Adjoining properties land use Variance Sought Sought (describe briefly relief sought) u h 27 000 F2om 7 /�r1c ;4 2d t T f� `%;' c�DC� " ,ls� fc L V44/AA�,4E z 9 417 Reason for Seeking Variance: T.bAt eXlaA/ 60AMe-v?,0W14e r-- tAK( p YV1AS T ,6b 40 VoO""o iNa2aE2 �o ,Jc Ohs �Liis �•OY6 "6zleeo toe4R s/�� 6 I The person and (his)(her)(their) address owning and/or occupying adjacent property to the property sought to be affected (are) (is): (Give names of all owners adjacent, across the road 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 any such intersection). Name Lot or tract OATE'S -5-2- O ZIA&F Bbq 6. AarND a L f Grit V4(, ry z 76 (,c "-,Jt,q, QAJo0IP-� �z 0-78 Mailing address ZI 4 06?oK 60 lJiir,Aa/K, V-04 00K61 ,el- -4&)M. CAFsI.G V�96; / 6/6eWE c' ,C /d A.- 3 'S-!s- Pa 4rWae- sle. 1/we hereby depose and say that all of the above statements and the statements contained in any exhibits transmitted are true. 2/g�41967 Applicant �' s For Office Use Onl Zoning Administrator has/has not rendered a decision. If so, statesubstance of decision: Date Date of hearing: Zoning Administrator Final Decision Made: The Variance sought was denied/approved with the following conditions: r BOARD OF ZONING APPEALS Building Permit # Conditional Use Permit # by: nU- o()q-V_q The person and (his)(her)(their) address owning and/or occupying adjacent property to the property sought to be affected (are) (is): (Give names of all owners adjacent, across the road 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 any such intersection'). Nye Lot or tract Mailing address 0.47�'s z 7(_ S�2 Z78 Xla I I/we hereby depose and say that all of the above statements and the statements contained in any exhibitstransmitted are true. 2/ 19 Applicant For Office Use Onl Zoning Administrator has/.has.not rendered a decision. If so, state substance of decision: Date Date of hearing: Zoning Administrator Final Decision Made: The Variance sought was denied/approved with the following conditions: BOARD OF ZONING APPEALS Building Permit # Conditional Use Permit # by: Tl a t a Goy-�i -5 U. S. HIGHWAY N0. 50 5 iron peg cr found O M '0- 0 IXoO O �p �0 m 0 C7 cd cN " f- Z W a: C*N W F- f� o 0 W = W U ZO O � O Q A 0 ro 0 o \ z 6 S 8 3 034'00"E 162.60' Svvo c.h.m. 061 �9 0/ �6 F, 1 c.h.m. bldg. N _ MAGNETICS 1957 o N Lc) -c M a o O 0') 2 cc5 c.h.m. bldg. 3 a 0 z n= 280 52' 58" hour T = 100.24 R = 3 8 9- 26' L= 1 96. 23' N`Sdo SUB CHORD= 3/ Q S 16 004' O8" W FO 41 33 ( 0 19 4.15 ' k ccB �2 , �4 F� mef i 3 � 6 0' 4 0' 2 0' 0 6 0' A G f - dPe p cnc S99/ �sI LAND OF ERNESTINE HOOVER 1.491 ACRES LOCATED ABOUT TWO MILES WEST OF WINCHESTER, AND SITUATE IN BACK CREEK MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA. rC)RICHARD N1.TH0�p1 C A RIi UCERTIFIED LAND SURVEYOR U. GOODE BERRYVILLE, VIRGINIA. NO. 412 > MAY 139 1981 9 �Q� 911 �9n!D SURV00 #8681 0 5 iron peg oc found U. S. HIGHWAY S 83 °34'00"E 162.60' S6 O� c7% 0 - 0 SOU m 0 O � `n `n smam B w N 0. 50 'c.h.m . �90 TRACT A " 60/,, 24, 377 SO FT �6, <�-' 1 ZZ bIdg. 0 0- 0 0 0 V iron z rn p�9 4 N87014' 5011W 219.00' TRACT "B" 40,589 SQ. FT. bldg. CO - SS o 3 46.0 33 (i-)' /N eQ1 c.h.m. 0 0 N = MAGNETICS 1957 (Dc: 3: o Cv ro (jo d O Lo�: 0 cf)2 (Z c.h.m. L 0 z 0= 28052'58" hou T = 10 0.24' R=- 389.26' (�S2, A dee e� c S91 0Sf L= 1 96. 231 SUB CHORD= Q S 16004'08"W O 194.15' 3 60' 40' 20' 0 60' LAND OF ERNESTINE HOOVER 1.491 ACRES LOCATED ABOUT TWO MILES WEST OF WINCHESTER, AND SITUATE IN BACK CREEK MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA. ,FpLTN Off, p RICHARD U. GOODE N0. 412 �,yryD SURvV(0+ 4AICA �, u �L RD U. GO ODE CERTIFIED LAND SURVEYOR BE RKYVI Li.E , VI rzGIN IA . MAY 13 , 1981 REVISED: JUNE 17, 1981 0 add #63 HH' L. H. MIEY ET UX + ti TO :: DEED lu 1 JOHN S9. HOOSTF ET L'X a MIS DLZ made and dated this Sth, day of February, 1936, by and between, L. H. '?Amoy and Ada C, itamey, his wife, parties of the first part, and Join W. 'hoover and hrnestine V. Doover, his wife, parties of the second part. Chat for and in consideration of the sum of Two Thousand Dollars ($2000.00) pnid, and to bo paid as hereinafter set :'orth, the said parties of the first part do hereby grant, sell, and convey, with general warranty Of title, unto the parties of the second part jointly, their heirs or assi^ns forever, all of that certain tract or parcel of land, together with all improvements and appurtenances thereto belonging, lying and being situate about three miles west of Winchester on the Test side of the road leading from the .orthwestern Grade to the County Home (otherwise known as t!.e Poor :souse), containing iiine Acres, Two goods and Four Square Poles (9 A. 2 Rd. & 4 Sq.P) more or less, and being the same property } which was conveyed to L. H. i;amey by rerbert S. Larrick, Special Commissicner, bw deed ,dated April 27, 1936, which is of record in the Clerk's Office of the Circuit Court f of Frederick County, Virginia, in Deed Book No. 171, page 370. A reference to said record, and the references thorein contained is hero made for a further and more particular description of s%id property. As to the purchase price of Two Thousand Dollars ($2000.00 .tor said property referred to above, the sum of One Hundred Dollars ($100.00) has been paid in cash at or before the execution and delivery of this deed, and the receipt 44 Y thereof is hereby acknowledged. An additional sum of One Hundred Dollars ($100.00) S is to be due and payable on the first day of +bay 1938 without interest. The remainder of Eighteen Hundred Dollars shall bear interest from the let, day of Yay, 1938, at .1rthe rate of 4% per annum, computed on the basis of unpaid balances; and said E rincipal sum of sighteen Hundred Dollars ($1800.00), together with interest as it r st V ocrues, shall be paid in eighteen semi-annual installments of one Hundred Dollars F o = $100.00) to apply on said principal sum of Eighteen Hundred Dollars ($1800.00), 7lus accrued interest as of each duo date, the first of said semi-annual installments °I 3 �o to be due and payable on i�ovember 1, 1938, and subsequent installments to be due d payable on the lst, day of -ay, and the 1st, day of November, of each end , every '- succeeding year tLereafter until said balance of Eighteen Hundred Dollars (c1800.00) C� 11 together with interest thereon as above set forth, shall be paid in full. The said parties of tLe second part shall be required to keep the buildin,s on tLe within conveyed property insured, for their fair insurable value, in some solvent fire insurance company with loss payable clause, or Properly assigned policy, for the ienefit of the said L. K. i?amey as his interests may appear. A Vendor's lien is hereby exprealy reserved araiz:st t!.e within conveyed property to secure the payment of the above described iudeutedness. 00y_g(-s/ 0 witness t.e fcllor:ir.r sirnatures and seals. UViNUE STAI P +� $2. 00 L. .:iiY a (S ifiL) CA iCELLED ;ilk C. iui:,zY (SLAL) — #iHNHHNF#/FpiF4pgpp STATE OF VIRGI;:IA COLUTY OF FRED-RICK, TO .d_ T: I, hir!-inia i.itter, a notary public in and for the state and county aforesaid do hereby cortit;y U;,t L.11. 1uuney and Ada C. itamey, his wife, whose names are signed to the fore.�oinr auli annexed writing bearing date of February 5, 1938, have this day personally an;eared Lefnre me in qv jurisdiction aforesaia and acknowledged the same. Liven un:er r.y hand this 5th day of February, 1938. :'y com' s::if:r, expires April 11, 1940. VIR!'IiiIA RIT;LI: VIP.GILIA FREDERICK COMITY SCT: This instru-er.t of r:riting was produced to me on the 5th day of February 1938, at 2 P.;'., a::,! r:ith ccri.ii'icate of acl-nowledgment tl.ercto annexed was admitted to record. 'e--2. -< c ,LEY. CItr:K, 'MYOAWHHIiIitiHHlil+W �'NIiF #64 ELLA E`^ART ET A]S , TO :: Dh,0 OF TRUST .'S.L'. LrNCH & J. id. SiECK, # TRUSTEES. ewHwa� T::I` L ;UST E-AT-D : IS5th day of February, 1938, between Llla Lmrart (wiuo::1 C. :.. Lewis, (u.:;arried) R. P. Lewis and Peayl Lewis, his wife, narties of t;:c first part, ::. L. nch and J. ;.:. Steck, Troitees, parties of the second part ann The-ar-,ers L :,:erchants .-ational Rank and Trust 1,onrany, a corporation, of ',Unchester, Virginia, party of the third part. d. iM :-i-Ti: That the said parties of ti:6 first part, in consideration of One Dollar (,1.00), receipt Of crl:ich is hereby acdrnowled;,ed, do hereby grant and convey with general ::arract; of title unto tile said parties of the second part, all of that certain tract or larcel of lard rith the cuildings and improvements t.ereon and the appurtenances tl.ercuuto belonrinr, situated in 3tone'aall District, Frederick County, uirginia, a_3La 'rue;. --ring _ .:o.^.d, about t•r:o r:i].es ....-t of .,i:ite ::all, adjoining tLe Laz.ds of ..oJ 'o`t ot:.crs, contaiuir.g one i.undred and thirty- four (134) acres, more or less; i,einr or:e of the properties aescribed in the deed from adgar L. Fries and wife to C. ::!^arn Ler:is anr! c+.:.ors, dated ••.arch 23, M92, of record in the Clerk's Office of ti.e aforesaid ,aunty oi' iredorick in Leed Bock ih,,. 110, page ,�1r$.d'.ExtC�2 �xtttkt��J JOHN RILEY P. O. BOX 601 PLANNING DIRECTOR 9 COURT SQUARE JOHN T. P. HORNE WINCHESTER, VIRGINIA 22601 DEPUTY DIRECTOR August 4, 1981 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The application of: Ernestine Hoover For: Two Lot Area Variances The variance request will be considered by the Frederick County Board of Zoning Appeals at'their meeting of August 18, 1981, at 3:30 pm, 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. JRR:dll 7ohn erely, H. iley ctor 703/662-4532 This is to certify that the attached correspondence was mailed to the following on August 4, 1981, from the Office of Planning and Development, Frederick County, Virginia: Oate's Auto Sales Route 4, Box 80 Winchester, VA. 22601 Edwin Lineberg Route 4 Winchester, VA. 22601 Round Hill Community Center Eugene Corrick, President Route 4, Box 303 Winchester, VA. 22601 Winchester Outdoor Advertising Corp. 355 Potomac Street Hagerstown, Maryland 21740 Ernestine Hoover Route 4, Box 83 Winchester, VA. 22601 STATE OF VIRGINIA, COUNTY OF FREDERICK, TO -WIT •� a Notary Public in and for the State and County aforesaid, do hereby certify that JOHN R. RILEY, DIRECTOR, PLANNING AND DEVELOPMENT DEPARTMENT, whose name is signed to the foregoing, dated Jk, 1981, has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this _a day o y , 1981. My Commission expires N TARY Pt3•BLIC VARIANCE POLICIES -'For application to the Board of Zoning Appeals of the County of Frederick,`Vil,inia, as adopted April 16, 1976, and amended. All Variance applications will contain: 1. One (1) copy of the application. 2. One (1) copy of a plot plan (1" = 20') suitable to the Zoning Code Administrator showing: a. Existing structures. b. Measurements from existing structures to all property lines- C. Measurements of any additions for which a Variance is requested_ d. Measurements of any additions for which a Variance is requested to a13' property lines. 3. One-(1) copy of Deed to the Land. 4. Every application for Variance shall be accompanied by a fee in the amoun t of twenty dollars ($20) to cover the cost of advertising. and other expenses connected with the processing of the application. 5. At the time of application, the applicant shall post a sib cm tL4 propcst es for which the variance is sought. This sign can be purchased €norm the Departmerit of Planning and Development for one dollar ($I) P3 a sign can be made by the applicant with full information on the Variance sought and the date, time and place of the hearing by the Frederick County Board of Zoning Appeals_ The sign_ shall be placed at the property line and be maintained so as to be legible_ 6. The title of the representative for a Variance of an orgaialzatlan, church, etc_ shall be shown on the application. 7. The applicant or a representative applyiao for a Variance must be present at the Board of Zoning Appeals Meeting for which his Variance is to be revietaed.. If the applicant or r presentative is not present, the tariaace application will then be tabled until the next Regular Meeting. t r r�r #63 tr L. H. MIEY ET UX At, TO :: :: DEED u/' JOHN W. HOOVER ET UX J 19'�b THIS DL D made and dated this Sth, day of February, 1938, by and between, L. H. itamey and Ada G. itamey, his wife, parties of the first part, and John W. Hoover and Ernestine V. hoover, his wife, parties of the second part. That for and in consideration of the sum of Two Thousand Dollars ($2000.00) paid, and to bo paid as hereinafter set _7orth, the said parties of the first part do hereby grant, sell, and convey, with goneral warranty of title, unto the parties of the second part jointly, their heirs or assigns forever, all of that certain tract or parcel of land, together with all improvements and appurtenances thereto belonging, lying and being situate about three miles west of Winchester on the 'Nest side of the road leading from the northwestern Grade to the County Home (otherwise knorrn as the Poor 'ouse), containing wine Acres, Two Roods and Four Square Poles (9 A. 2 Hd. x 4 Sq.P) more or less, and being the same property which was conveyed to L. H. namey by herbert S. Larrick, Special Commissi2ner, br deed n dated April 27, 1936, which is of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book No. 171, page 370. A reference to said L�s record, and the references therein contained is here made for a further and more particular description of s:.id property. As to the purchase price of Two Thousand Dollars ($2000.00) ai „ $or said property referred to above, the sum of One Hundred Dollars ($100.00) has been paid in cash at or before the execution and delivery of this deed, and the receipt thereof is hereby acknowledged. An additional sum of One Hundred Dollars ($100.00) is to be due and payable on the first day of kay 1938 without interest. The remainder of Eighteen Hundred Dollars shall bear interest from the 1st, day of May, 1938, at JJ the rate of Q% per annum, computed on the basis of unpaid balances; and slid rincipal sum of highteen hundred Dollars ($1800.00), together with interest as it s ccrues, shall be paid in eighteen semi-annual installments of one Hundred Dollars $100.00) to apply on said principal sum of Eighteen Hundred Dollars ($1800.00), lus accrued interest as of each due date, the first of said semi-annual installments b 3 o l be due and payable on 1�70vember 1, 1938, and subsequent installments to be due t d payable on theist, day of -,.ay, and the lst, day of November, of each and every succeedin year tl.ereafter until said balance of Eighteen Hundred Dollars ($1800.00) gy g together with interest thereon as above set forth, shall be paid in full. The said parties of the second part shall be required to keep the buildings on the within conveyed property insured, for their fair insurable value, in some solvent ffre insurance company with loss payable clause, or properly assigned policy, for the benefit of the said L. H. Ramey as his interests miy appear. A Vendor's lien is hereby expressly reserved against the within conveyed property to secure the payment of the above described indebtedness. y ;fitness the follo,:ir.g si7natures and seals. REVEIXE STAI-T # $2. 00 •� CAi+CELLED # STATE OF VIRGL%1A COUiiTY OF FREDzRICK, TO ,'J7T: L. F. iLA EY (SEAL) 1, virrinia 1,itter, a notary public in and for the state and county aforesaid do hereby cortij'y Ll:,t L.H. iutmey and Ada G. Ramey, his wife, whose names are signed to the foregoing and annexed writing bearing date of February 5, 1938, have this day personally apreared before me in my jurisdiction aforesaid and acknowledged the same. VIRGIi,IA FREDERICK COMTY SCT: Given under my hand this 5th day of February, 1938. P„y cor=l scion expires April 11, 1940. VIRCIIIJA RIT' L116 11UTAHY FUBLIC. This instrument of meriting was produced to me on tho 5th day of February 1938, at 2 P.:•'., any' rcith certl f'i cate of acl,-nowledgment tl.eruto annexed was admitted to reaord. r�sHr;r #64 # ELLA E112ART ET ALS TO :: DEED OF TRUST �+ M.M. MCH & J. i.. SrliXK, # TRUSTEES. TINS Dz-D Or" ''RUST I. i .: A,,D DATLD -1 IS5th day of February, 1938, between tlla c.mmart (wido:•;) C. 1�. Lewis, (u: carried) R. P. Lewis and Pearl Lewis, his wife, Parties of the first part, ;:. L rnch and J. 1'. Steck, Trojtees, parties of the second part and The 7armers L :,:erchants .rational Bank and Trust: ilompany, a corporation, of �6inchester, Virginia, party of the third part. VJIT,i-ESSETIit That the said parties of the first part, in oonsideraticn of One Dollar (w1.00), receipt of al:ich is hereby acknowledged, do hereby grant and convey with general rarrarty of title unto the said parties of the second part, all of that certain tract or •parcel of land ;.,ith the buildings and improvements thereon and the appurtenances thereunto belonc-ing, situated in Stonewall District, Frederick County, Virginia, alone Greenspring 1tioad, about two miles ';pest of ;,hite hall, adjoining the lands of .,oy ;:ott and oti.ers, containing one hundred and thirty- four (134) acres, more or less; Zlknp one of the properties described in the deed from Edgar L. Fries and wife to C. Ldward Lewis and otters, dated -arch 23, 1892, of record in the Clerk's Office of the aforesaid County of Frederick in Deed Book I+.. 110, page