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HomeMy WebLinkAbout08-83 James O & Beatrice Nesselrodt - BackfileCOUNTY of FREDERICK Department of Planning and Development John T.P. Horne - Planning Director Stephen M. Gyurisin - Deputy Director 703/662-4532 August 29, 1983 James 0. and Beatrice A. Nesselrodt Route 1, Bufflick Road, Box 198 Winchester, Virginia 22601 Dear Mr. and Mrs. Nesselrodt: This letter is to confirm the Frederick County Board of Zoning Appeals' action at their meeting of August 23, 1983. Approval of Variance Application #008-83 of James 0. and Beatrice A. Nesselrodt for a nine foot yard variance for a detached two car garage. This property is designated as tax map and parcel number 64((A).), 56 in the Shawnee Magisterial District. If you have any questions, please do not hesitate to contact this office. Sincerely, /, DA n T. P. Horne d ector JTPH/dkg i 9 .Court Square P.O. Box 601 - Winchester, Virginia 22601 P 261763, 354 ' RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED — NOT FOR INTERNATIONAL MAIL (See Reverse) C SENT TO a?. ET'ND N� P:O.,I Tye AN Z POSTAGE $ CERTIFIED FEE ¢ SPECIAL DELIVERY ¢ RESTRICTED DELIVERY ¢ W W W SHOW TO WHOM AND ¢ f DATE D LIVERED co SHOW T HOM, D E, H in y ANDADD SS OFIK ¢ S c W DELIVERY = W SHOW TO WHWAND DATE r, s DELIVERED WITH RESTRICTED¢ yz CD¢ DELIVERY SHOW TO WHOM, DATE AND ADDRESS OF DELIVERY WITH ¢ RESTRICTED DELIVERY TOTAL POSTAGE AND FEES $ POSTMARK OR DATE STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see front) 1. If you want this receipt postmarked, stick the gummed stub on the left portion of the address side of the article, leaving the receipt attached, and present the article at a post office service window or hand it to your rural carrier. (no extra charge) 2. ,If you do not want this receipt postmarked, stick the gummed stub on the left portion of the address side of the article, date, detach and retain the receipt, and mail the article. 3. If you want a return receipt, write the certified -mail number and your name and address on a return receipt card, Form 3811, and attach it to the front of the article by means of the gummed ends if space -permits. Otherwise, affix to back of article. Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If return receipt is requested, check the applicable blocks in Item 1 of Form 3811. 6. Save this receipt and present it if you make inquiry. 3 *GPO: 1980 331-003 P 261 763 -356 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED — NOT FOR INTERNATIONAL MAIL (See Reverse) T O ' AND�J 6 v/P/r0�*,�rT'ATEA/ ZIP CODE POSTAGE CERTIFIED FEE ¢ W SPECIAL DELIVERY ¢ s RESTRICTED DELIVER ¢ �y SHOW TO WHOM AN ¢ �y C.3 c3 DATE DELIVERED M. SHOW TO HOM, ATE. f y C. y rL AND ADDR SS 0 ¢ i i W DELIVERY c W SHOW TO AND DATE o y E s DELIVERED ITH RESTRICTED¢ 2 o ccDELIVERY cSHOW TO WHOM, DATE AND ADDRESS OF DELIVERY WITH ¢ RESTRICTED DELIVERY TOTAL POSTAGE AND FEES $ POSTMARK OR DATE STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see front) 1. If you want this receipt postmarked, stick the gummed stub on the left portion of the address side of the article, leaving the receipt attached, and present the article at a post office service window or hand it to your rural carrier. (no extra charge) 2. If you do not want this receipt postmarked, stick the gummed stub on the left portion of the address side of the article, date, detach and retain the receipt, and mail the article. 3.. If you want a return receipt, write the certified -mail number and your name and address on a return receipt card, Form 3811, and attach it to the front of the article by means of the gummed ends if space permits. Otherwise, affix to back of article. Endorse front of article RETURN RECEIPT REOUESTED adjacent to the number. 4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If return receipt is requested, check the applicable blocks in Item 1 of Form 3811. 6. Save this receipt and present it if you make inquiry. 3 *GPO: 1980 331-003 P261 763, 357 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED — NOT FOR INTERNATIONAL MAIL (See Reverse) s7T (� FT AND7O. ., TATEAN IP O E POSTAGE $ CERTIFIED FEE ¢ SPECIAL DELIVERY ¢ 0 RESTRICTED DELIVERY ¢ W W W SHOW TO WHOM AND ¢ �+ DATE DELIVERED a SHOW TO WHOM, DATE, fH h H co AND ADDRESS OF ¢ g a W DELIVERY = B uvi SHOW TO WHOM AND DATE o r ¢ DELIVERED WITH RESTRICTED¢ o ¢ DELIVERY Ei s SHOW TO WHOM, DATE AND ADDRESS OF DELIVERY WITH ¢ RESTRICTED DELIVERY TOTAL POSTAGE AND FEES $ POSTMARK OR DATE STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see front) 1. If you want this receipt postmarked, stick the gummed stub on the left portion of the address side of the article, leaving the receipt attached, and present the article at a post office service window or hand it to your rural carrier. (no extra charge) 2. If you do not want this receipt postmarked, stick the gummed stub on the left portion of the address side of the article, date, detach and retain the receipt, and mail the article. 3: If you want a return receipt, write the certified -mail number and your name and address on a return receipt card, Form 3811, and attach it to the front of the article by means of the gummed ends if space permits. Otherwise, affix to back of article. Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If return receipt is requested, check the applicable blocks in Item 1 of Form 3811. 6. Save this receipt and present it if you make inquiry. 3 *GPO: 1980 331-003 P 261763- 355 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED — NOT FOR INTERNATIONAL MAIL (See Reverse) E TO ./ �� qqw p S E ANDN ZIPC D POSTAGE $ CERTIFIED FEE ¢ y++ SPECIAL DELIVERY (I; RESTRICTED DELIVERt ¢ W W W SHOW T�WHOM AND ¢ I.-ca DATE DEL VERED SE M y SHOW TO OM, DA E, y H ANDADDFES OF ¢ S a W DELIVERY � z @ w SHOW TO JVHO A DATE h O0 DELIVERE)WITH STRICTE ¢ z o ¢ DELIVERY S SHOW TO WHOM, DATE AND ADDRESS OF DELIVERY WITH ¢ RESTRICTED DELIVERY TOTAL POSTAGE ANC FEES $ POSTMARK OR DATE @ e P6 e N E a2 qy -0 =72J ? /-0 \/\ \\ \\\/ \\ /\\ M -c M _\ CD ® m »2 \/54COO � E_ - _ -nc3 CD �] /\ \ _ �§ /\\\_ -R3 §m /\/ k\ (�\ k� \ w _ \}� , 3 \ 7 % 2 7\2/- �C) - -W Mmf _ 7 �12 § J co ESL �\3 \§ \� �k _/}\ \� mC, \ \\3m \\ �§ \/ � \\ E ct,- 2 )s cl - i3 m / CD 2§� k� \ co C6= CA CA & q mzZ = \ §� | M-2 E \ \ » § E §]/ - ' - M _ ¥E c _ 2f§ �f / \/\ w \/ k v <n T O 3 co • SENDER: Complete Items 1, 2, 3, and 4. Add your address In the "RETURN TO" space on reverse. (CONSULT POSTMASTER FOR FEES) 1. The f !ng service Is requested (Check one). Shaw to whom and date delivered ............... r ❑ Show to whom, date, and address of delivery .. _ t 2. ❑ RESTRICTED DELIVERY ........................... t f the res,'HeW delhsry lee is rharged in additlon to the raturn receipt lee.) TOTAL 3. ARTICLE ADDRESSED TO 4. TYPE OF SERVICE: ARTICLE NUMBER ❑R STERED El INSURED[Of ERTIFIFD ❑COD 7(o3 _ ��� ❑EXPRESS MAIL_ (Always obtain slg:tature of addressso or agent) I have received the article described atma. SIGNATURE El Addressee ❑Authorized agent w \1 A -..ATE >5. OF DELI ERY MARK 6. A DRESSEE'S ADDRESS (Only it req�ossrd), COMMON 7. UNABLE TO DELIVER BECAUSE: h. EMPLOYEE'S INITIALS o GPO: 1982-379-M _-- i UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER INSTRUCTIONS Print your name, address, and ZIP Code In the space belcw. • Complete items 1, 2, 3, and 4 on the reverse. LLS.MAIL ® • Atfch to front of article M space permits, otherwls# affix to back of article. e� I1 • Worse article "Return Raeolpt Requested" Dgpt if Punning & VPt/'}?j(j;?f1ENAtTV FOR PRIVATE • adjacent to number. USE. M OMMY 4f MDERICK. ViP,:1'41A RETURN P. 0. Box 601 TO lnrhester, Vii jilfia 2.26W (Name of Sender) (Street or P.O. Box) (City, State, and ZIP Code) s SENDER: Complete Items 1, 2, 3, and 4. Add your address In the "RETURN TO" space on reverse. —� ---- (CONSULT POSTMASTER FOR FEES) 1. The tylowlng service Is requested (check one). Show to whom and dote delivered ............... 9 ❑ Show to whom, date, and address of delivery.. _ ; 2. ❑ RESTRICTED DELIVERY ........................... t (The restricted delivery fee Is charged In addigcn to the return recelpt lee ) TOTAL ice, 3. ARTICLE ADDRESSED TO: Bobby bec a! Z eAe- P. Stroop inches ✓A. ZZloD/ � 4. TYPE OF SERVICE: ❑ORE"TERED ❑INSURED y ARTICLE NUMBER I3CERTIFIED ❑COD —7� ? / J _ ❑EXPRESS MAIL (Always obtain signature of addressee or agent) I have received the article described above. SIGNATURE ❑Addressee ❑Authorized agent >DATE OF DELIVERY MA j!1!83 6. ADDRESSEE'S ADDRESS (0myit 7. UNABLE TO DELIVER BECAUSE: 7a. EMPLO 'S L' c GPO: 1982379-593 UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER INSTRUCTIONS Print your name, address, and UP Code In the space belm. • Compiete Hams 1, 2, 3. end 4 on the reverse. Uas�AILB • Attach to troll of article 9 space permits, othmrr:Iss affix to Each at article. • Endorse articha "Return Receipt Regwstod" Q� Planning Deye��ENALTYEOPRIVATE • g cant to number. pMr� . NTY OF FREDERICK, VIRGINIA RETURN P. 0. Box 601 TO Winchester, Virginia 22601 (Name of Sender) (Street or P.O. Box) (City, State, and ZIP Code) T O 3 co co N • SErfDER: Complete Items.i, 2, 3, and 4. Add your address In the "RETURN TO" space on reverse. (CONSULT POSTNIASTER FOR FEES) I The fo' •lrtg service Is requested (check one). ._ Short to whom and date delivered ............... _ e ❑ Show to whom, date, and address of delivery .. s 2. ❑ RESTRICTED DELIVERY ........................... t (The restrkted dedvery fee Is chryed In addition to the return recelpt fee.) TOTAL 3. ARTICLE ADDRESSED TO: Ellen L . S ice�r" �97 Lj WinchcsterVA. Z.Z(o l 4. TYPE OF SERVICE: ARTICLE NUMBER ❑� REGISTERED ❑ INSURED R �i / — Oaa—I IFIED ❑ COD 76 2J _ 2 C J b ❑ EXPRESS MAIL .J (Always obtain signature of addressee or agent) I have received the article described abo%e. SIGNATURES ❑Addreessee ❑Authorl.ed agent 5' DATE OF DELIVERY STMARK on reverse steel y N 6. ADDRESSEE'S ADDRESS (Only H revLrsied) 7. UNABLE TO DELIVER BECAUSE: 7a, EMPLOYEE'S INITIALS e GPO: 1982379-593 UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS 111111 SENDER INSTRUCTIONS Print your name, address, and ZIP Code In the space below. • Complete Items 1, 2, 3, and 4 on the reverts. • Attach to frost at sr9cle " space pwmltt, otherwise affix to back of article. • Endorse article "Return Receipt Requested"� • adjacent to number. p. RETURN Winchester, Virginii ?2601 (Name of Sender) U.SMAILJ PENALTY FOR PRIVATE tanning & oevelopmetwSE, $300 Of FREDERICK. VIRGINIA P. O. Box 601 (Street or P.O. Box) (City, State, and ZIP Code) i 5 #354 S CHARLES W. LOWERY, ET UX 5 TO DEE JAMES.ORVILLE NESSELRODTD ET UX # THIS DEED made and dated this 12th, day of March, 1955, by and between Charles W. Lowery and Pearl E. Lowery, his wife, parties of the first part, and �3 James Orville Nesselrodt and Beatrice Nesselrodt, his wife, parties of the second part. WITNESSETH: That for and in consideration of the sum of Ten i Dollars ($10.00) cash in hand paid, and other good and valuable consideration, the re- ceipt of all of which is hereby acknowledged, the parties of the first part do hereby I grant, sell, and convey, with general warranty of title, unto the parties of the second part, jointly with common law right of survivorship all of that certain lot or parcel of land, together with all privileges and appurtenances thereto belonging, lying and being situate along the Southern side of the Buffalo Lick Road, about one and one-half miles South of Winchester, in Shawnee District, Frederick County, Virginia, fronting of said lot, a distance of 75 feet, and extending back Southward a uniform width, a distanc� or" 300 feet, and being; the same land identified as Lot No. 1.2, in Elock No. 1, of the Lela M. Miller, sub -division, a plat of which is of record in the Clerk's Office, of the Circuit Court, of Frederick County, Virginia, in Deed Book No. 174, Page 304, and further being one of the lots that was conveyed to the parties of the first part by Gus Kaknis et ux, by deed dated July llth, 1947, of record in said Clerk's Office, in deed book No. 202,•page 36. A reference to the aforesaid records, and to the references therein con- tained, is here made for a further and more particular description of said land. The aforesaid grantors covenant that they have the right to convey the said land to the aforesaid grantees; that the said grantees shall have quiet possession of the said land, free from all encumbrances; that they have done no act to encumber the said land; and that they will execute such further assurances of said land as may be requisite. Witness the following signatures and seals. CHARLES W. LOWERY (SEAL) REVENUE STAMPS # — $0.55 PEARL E. LOWERY (SEAI) CANCELLED VARIANCE REQUEST #008-83 James 0. and Beatrice Nesselrodt 9 foot yard variance request for an accessory structure LOCATION - Route 645, Bufflick Road, approximately 1/2 mile on right. MAGISTERIAL DISTRICT - Shawnee TAX MAP & PARCEL NUMBER - 64((A)), 56 LAND USE & ZONING Residential Land Use & A-2, (Agricultural - General) Zoning ADJOINING LAND USE & ZONING - Residential Land Use and Zoning PROPOSED USE & IMPROVEMENTS - A'detached two car private garage (accessory structure) VARIANCE REQUESTED - A nine (9) foot yard variance for an accessory structure, detached two car garage. REASON FOR VARIANCE - The location of the septic system, the narrowness of the lot, and because the 15' requirement would place the structure out of line with the existing driveway. BACKGROUND INFORMATION - This application is for a reduction of the required yard of'15' for an accessory structure located in the A-2 Agricultural zone. The applicant proposes to construct a two car detached garage six foot from the property line, therefore requiring a nine foot variance. STAFF COMMENT - A building permit has been applied for and Js pending BZA action. D6�-83-3 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA Variance Application No. 2 Submittal Deadline is Application Date �j For he Meeting of Fee Paid 1. The applicant is the (owner) n (other) (check one) 2. NAME:J�M�j C), �3t�,SQeODT-" OCCUPANT: (If other than applicant) ADDRESS: _e4 BuffUGC RD, 60 % NAME: Vp, ZZGc)( ADDRESS: TELEPHONE:-- TELEPHONE: 3. The property is located at ( ease give exact directions) D,.� uFFuc Q�)kf) 2T nFF 52-7Z- 5avr� PrPP►2oX , Z _ _m►� oN �tG+tr s��E. The property has a frontage of jj feet and a depth ofC>c:% feet and consists of %�_ acres. (Please be exact) 5. The property is owned by 0 ��c c,� as evidenced a need by deed from _ recorded in deed book no. 3J� on page Imo;, , registry of the County of AreUe erg_. �--- 6. This property is designated as parcel no. 5G on tax map no. �in the c`1}{JI`1�� Magisterial District. 7. Property Identification Number: &4M-Al) -_=-e7Cm--Cc%-o 8. The existing zoning of the property is: A - Z 9. The existing use of the property is: —a-:�!ADBOTW -- 10. The adjoining properties zoning is: A - Z 11. The adjoining properties land use is: REjIDSN)TIAI _ 12. Describe the variance sought in terms of distance and type. (For example - A 3' rear yard variance for an attached two car garage.) 13. 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 thereto _L Lam}-71oAJ of �°77e-- :5y57E*4-- , Z. 3. oa T 0 F 41nJc w 1 rAf O O2- 93-q Page Two .Variance 14. The following are all of the individuals, firms, or corporations f 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. NAME Numbers Complete Mailing Address Parcel Tax MTan Straat _ Rnnf-a _ Rnv P. -e, tine i LS � 15. Additional comments, if any I (we), the undersigned, do hereby respectfully agree to comply with any conditions required by the Board of Zoning Appeals of the County of Frederick, Virginia, and authorize the members of the Board of Zoning Appeals or a representative of the County to go upon the property for the purpose of making site inspections. I/we hereby depose and say that all of the above statements and the statements contained in any exhibits transmitted are true. Signature of Applicant: �r ��Date Signature of Owner: -Date e" For Office Use Only BOARD OF ZONING APPEALS PUBLIC HEARING ACTION OF (date) C14a1km�gk) �(M a Approval Denial ^_.: is4LARr (signed) FREDERICK COUNTY, VIRGINIA 008,- 93-5 ZONING ADMINISTRATOR NOTES: `>ERMIT NO. ZONING DISTRICT ?ROPERTY I.D. NO. DZA CASE NO. CUP NO. NOTES —_ yb a USE DEED BOOK REF. SITE PLAN NO. WARNING— THE APPROVAL OF PLANS PROCURED BY MISREPRESENTATICN OF FACTS OR CONDITIONS, MIS —STATEMENTS IN APPLICATION, OR THROUGH IMPROPER ACTION OF AN, OFFICER OF EMPLOYEE OF THIS DEPARTMENT, DOES NOT LEGALIZE AN ILLEGAL. CONDI'.'IOtd, ARRANGEMENT OR CONDITION. I CERTIFY THE ABOVE INFORMA ION IS TJR1,UE AN CORRECT: SIGNATURE OF APPLICANT: i DATE: OR AUTHORIZED AGENT: DATE: 0 11C I \ I I - 00 8- Y3- -7 #354 " CHARLES W. LONERY, ET UR # TO DEED # JAMES ORVILLE NESSELRODT, ET UR +► THIS DEED made and dated this 12th, day of ?•.`.arch, 1955, by and between Charles W. Lowery and Pearl E. Lowery, his wife, parties of the first part, and James Orville Nesselrodt and Beatrice Nesselrodt, his wife, parties of the second part. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid, and other good and valuable consideration, the re- ceipt of all of which is hereby acknowledged, the parties of the first part do hereby grant, sell, and convey, with general warranty of title, unto the parties of the second part, jointly with common law right of survivorship all of that cer-ain lot or parcel of land, together with all privileges and appurtenances thereto bel,nging, lying and being situate along the Southern side of the Buffalo Lick Road, abo.it one and one-half miles South of Winchester, in Shawnee District, Frederick County, Virginia, fronting of said lot, a distance of 75 feet, and extending back Southward a uniform width, a distanc of 300 feet, and being the same land identified as Lot No. 12, in Block No. 1, of the Lela M. Miller, sub -division, a plat of which is of record in,the Clerk's Office, of the Circuit Court, of Frederick County, Virginia, in Deed Book No. 174, Page 394, and furthe being one of the lots that was conveyed to the parties of the first part by Gus Kaknis at ux, by deed dated July llth, 1947, of record in said Clerk's Office, in deed book No. 202,•page 36. A reference to the aforesaid records, and to the references therein con- tained, is here made for a further and more particular description of said land. The aforesaid grantors covenant that they have the right to convey the said land to the aforesaid grantees; that the said grantees shall have quiet possession of the said land, free from all encumbrances: that they have done no act to encumber the said land; and that they will execute such further assurances of said land as may be requisite. REVENUE STAMPS # $0.55 # CANCELLED # # #iliHliE#i! #iliHNHiitili!{Ei!## Witness the following signatures and seals. CHARLES W. LiYARY ( SEA ) PEARL E. LONERY (SEA ) C7 O cal• V3-a' e nx#za�en v planning nub p.e£�.dopment DIRECTOR - P. 0. BOX 601 JOHN T. P. HORNE 9 COURT SQUARE DEPUTY DIRECTOR WINCHESTER, VIRGINIA 22601 STEPHEN M. GYURISIN August 9, 1983 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The application of: James 0. and Beatrice Nesselrodt For: 9' yard variance This variance request will be considered by the Frederick County Board of Zoning Appeals at their meeting of August 23, 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/rsa Sincerely, ?JohnT. P. Horne Director 703/662-4532