HomeMy WebLinkAbout03-84 Edgar W & Mary E Clark - Backfile. J,, C 0:C -S41- 1
COUNTY of FREDERICK
IDepartment of Planning and Development
John T.P. Horne - Planning Director
Stephen M. Gyurisin - Deputy Director
703/662-4532
April 23, 1984
Mr. Edward W. Clark and Mrs. Mary E. Clark
Route 2, Box 316
Winchester, Virginia 22601
Dear Mr. and Mrs. Clark:
This letter is to confirm the Frederick County Board of Zoning
Appeals' action at their meeting of April 17, 1984.
Approval of Variance Application #003-84 of Mr. Edward W.
Clark and Mrs. Mary E. Clark for a 30,101 square foot lot size
variance. This property is designated as Parcel 171(A) on Tax
Map 30 in the Gainesboro Magisterial District.
If you have any questions, please do not hesitate to contact
this office.
Sincerely,
n T . P. Horne
Director
JTPH/rsa
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GRANVILLE M. CREEL
D.B.442. Pg.787
Zoned - A-1
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The property shown on this plat is a
portion of the same property conveyed
by Winchester Casket Co.. Inc. to Edgar
W. f,larfc by d deed dated June 12. 1961
and recordna at Deed BooK 272. Page 270.
2. T-ie pr,.)perty shown On this plat is a portion of
that same property shown on Frederic) County.
Virginia 'r:. Assessment Map No. 30-((A)). Parcel 17!.
No Title Report Furnishea.
4. Meridian used on this plat was taken from D.B.442. Pg.787.
5. IPF - Denotes Iron Pipe Founa
6. IPS - Denotes leor Pipe Set
7. —P - Denotes Overheao Powef W o s
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A DIVIS10N OF
A PORTION OF THE PROPERTY OF
Edgar W. Clark
DEED BOOK 272. PAGE 270
GAINESBORO MAGISTERIAL DISTRICT
FREDERICK COUNTY. VIRGINIA
SCALE I..=50' FEBUARY 16. 1984
RITCHIE SURVEYS
STEPHENS CITY. VIRGINIA
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GRANVILLE M. CREEL
D.B.442. Pg.787
Zoned - A-1
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The property shown on this plat is a
portion of the same property con,,eyed
by Winchester Casket Co.. Inc. to Edgar
W. Clark oy a deea dateo June 12. 1961
d recorded at Deed Book 272. Page 270.
2. 'ne pr..)pert, shown on this pint is a portion of
that same property shown on. Frederic', County,
Virginia Tax Assessment Map No. 30-((A)). Parcel M.
1. No Title Report F;rnisned.
4. tlerid an used on this plat was taken from D.B.442, Pg.787.
S. IP17 - Denotes Iron Pipe Founa
6. IPS - Denotes Iron Pipe Set
7. _ P - Denotes Overhead Power Wares
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A DIVISION OF
A PORTION OF THE PROPERTY OF
Edgar W. Clark
DEED BOOK 272. PAGE 270
GAINESBORO MAGISTERIAL DISTRICT
FREDERICK COU1lTY. VIRGINIA
SCALE 1"- 50' FEBUARY 16. 1964
RITCHIE SURVEYS
STEPHENS CITY, VIRGINIA
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MOTES �.
I. The property shown on this plat is a r
portion of the same property conveyed
by Winchester Casket Co.. Inc. to Edgar
W. Clark by a deed dated June 12. 1961
and recorded at Deed Book 272. Page 270.
2.. The property shown on this plat is a portion of
that same property shown on Frederick County.
Virginia Tay Assessment Map No. 30-((A)). Parcel 171.
3. No Title Report Furnished.
4. Meridian ,;sed on this plat was taken from D.B.442. Pg.787.
5, IpF - Denotes Iron Pipe Found
6. IPS - Denotes Iron Pipe Set
7. P - Denotes Overhead Power Wires
GRANVILLE M. CRLEL
D.B.442. Pg.787
Zoned - 4-1
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Acres
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PARCEL B„
O 916 Acres
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A DIVISION OF
A PORTION OF THE PROPERTY OF
Edgar W. Clark
DEED BOOK 272. PAGE 270
GAINESBORO MAGISTERIAL DISTRICT
FREDERICK COUNTY. VIRGINIA
SCALE 1 50 FEBUARY 16, 1984
RITCHIE SURVEYS
STEPHENS CITY. VIRGINIA
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VARIANCE #003-84
Edgar W. Clark _& Mary E. Clark
LOCATION - 3.7 miles north on US Route 522
MAGISTERIAL DISTRICT - Gainesboro
TAX MAP & PARCEL NUMBER - Tax Map 30, Parcel 171(A)
LAND USE & ZONING - Residential/Commercial Land Use and A-1
(Agricultural Limited) Zoning.
ADJOINING LAND USE & ZONING - Residential/Agricultural Land Use and
Agricultural Zoning.
PROPOSED USE & IMPROVEMENTS - None
VARIANCE REQUESTED - 30,101 square foot lot size
REASON FOR VARIANCE - The existing commercial building is too close
to the residential dwelling to get the required area without
destroying the value of the property. Because of the age of the
applicants, the ill health of Mr. Clark, and in order to get their
estate in order, they find it necessary to divide the two tracts of
land.
BACKGROUND INFORMATION - This application is for a reduction of the
required lot size. The property is zoned A-1 (Agricultural Limited)
with zoning regulations that require a minimum lot size of 70,000
square feet. This parcel may be divided under the provisions of the
Frederick County Subdivision Ordinance because the separation of one
parcel from a tract of land is allowed as .long as the parcel meets
the minimum zoning lot size regulation of 70,000 square feet.
STAFF COMMENT - A variance of the terms of the Zoning Ordinance are
necessary before the subdivision can be approved.
d03-S-y-3
APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
Variance Application No. OO
. �a -
ApplicatiDate d $
Fee Paid 446.n Ala J
-_
Submittal Deadline is
For the Meeting of
1. The applicant is the (owner) X (other) (check one)
2. NAME: Edgar W. Clark jorrpk� OCCUPANT: ( If other than applicant)
ADDRESS: Q��-Ftl ��. NAME:
.2_ADDRESS:
TELEPHONE: - TELEPHONE:
3. The property is located at ( lease give exact directions)
3.7 TTiles north on U.S. Route ?22
4. The property has a frontage of 418.13 feet and a depth of 2001
feet and consists of 0.91 acres. (Please be exact)
5. The property is owned by Edgar W. Clark as evidenced by
deed from Win .h _ster (` recorded in deed book no. 272
on page 271 registry of the County of Frederick
6. This property is designated as parcel no. 171 on tax map no.
30 in the Gainpshoro Magisterial District.
7. Property Identification Number: _�f 30 - A - 171 0000 -AM -0ackD --OoDo-
UIr)I —O
8. The existing zoning of the property is: A-1
9. The existing use of the property is: Commercial
10. The adjoining properties zoning is: A-1.
11. The adjoining properties land use is: A-1 Y
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
The existing commercial building is to close_to_ the residential dwelling to zet
the se9uired area without destroying the value of the uroperty. Because of the
-age of the applicants and the ill health of Mr lark and in order to get
thP; r estate in order h find it n =,essa y to divide the two tracts -of lard.
Page Two
variance
003-Yy-y
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:
NAME
1 .
Glenwood F. Nicholson
Address:
Rte.
2, Box 43, Winchester, Va. 22601
property ID#
' 30 -A - 170
- 00 - Q000 - -�i 7(4- �=
2.
Granville M. Creel
Address:
Floomery Star
Route, Winchester, Va. 22601
property ID#
' (30 - 6171
\
3.
Sebert J. Smith, Inc.
Address:
P.O. Box 16, Winchester, Va. 22601
Property ID#
30 - A - 174") 3 0 CUU -fop o - Oooa -oaoc
4.
Address •
�roperty^ID#
oi74 -D
5.
Address:
Property ID#:
6.
Address:
Property ID#:
7.
Address:
Property ID#:
8.
Address:
Property ID#:
9.
Address:
Property ID#:
10.
Address:
Property ID#:
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: c Q�/� .��,r Date-Z �71�
Signature of Owner:
For Office Use Only //�
BOARD OF ZONING APPEALS PUBLIC HEARING ACTION OF (date) ! / /,S7
i
Approval Denial CHAIRMAN: TN�
TO: FREDERICK COUNTY BOARD OF ZONING APPEALS
RE: APPLICATION FOR VARIANCE #003-84
EDGAR W. CLARK
FACTS
The Clarks acquired Parcel A and B in 1961 as .part of
a larger tract. The one-story brick home was built by the
Clarks in 1972 and the Gift Shop was built in 1966. They have
always been treated as separate parcels by the Clarks. Each
parcel is served by a separate well and septic system. In order
to build the Gift Shop it was necessary to excavate from a
hillside what is shown on the plat of Parcel B. The house is
located on top of the hill with the Gift Shop below on U. S.
#522. To further effect a division of Parcels A and B the
Clarks planted evergreens which are now some 30' tall and extend
along the entire Northeastern boundary line of Parcel B as
platted although only partially shown on the plat. With the
adoption of the Frederick County Zoning Ordinance the Gift Shop
became non --conforming.
In 1975 Frederick County approved the subdivision of
70,000 square feet sold to Creel leaving the parcels A and B in
question fronting U. S. #522.
Had the Gift Shop been separately platted as the
'1N DEIIIION. LAl11.111 C
6e LAIIRICK Clarks now propose at ,the time of the adoption of the Zoning
ATTORNEYS AT LAW
WINCIMSTRR. VIRGINIA
ANUERSON. LA13RICH
& LA11RICI{
ATTORNEYS AT LAW
WINCEIESTL•`R, VII GINIA
Ordinance, there would..be no problem as Seca 21-155 permits the
continued use of non -conforming lots less in acreage than require
in an Agriculture A-1 district. As mentioned the Clarks
treated Parcels A and B as'separate parcels but they were never
platted as such.
To meet the A-1 area requirement'for Parcel B would
require.the addition of 30,000 sq. ft. Because of the hill site
construction on Parcels A and B previously mentioned, the only
possible location for such additional footage would be to the
rear of Parcel B as shown by the red dashed line on the Plat.
HARDSHIP
1. The proposed addition.of 30,000 sq. ft. would
serve no useful purpose for the Gift Shop. It would have to be
somewhat separate as the location of the Shop's septic field and
elevation difference would limit that use as :any connecting land.
2. Such addition would greatly damage and reduce the
value of Parcel A. The septic drain field of Parcel A may (?)
extend into the addition. This is not certain as there is no
recorded plat of this field with the Health Department.
3. The intended shielding of .Parcel A from B would
be destroyed.
4. The addition could make Parcel.A in violation of
the frontage requirement of the A-1 District of 200'.
2 -
'iM,1 ;ItSON. LARRICIi
& LARRICIi
A CTORNRYEI AT LAW
WI1,CIi LISTER. VIIIQINIA
AUTHORIZATION
The Clarks request the Board of Zoning Appeals to
authorize the variance for the following reasons:
1. The Gift Shop is an on -going business that was
begun in 1966 and is now a non -conforming use. The strict
application of the requirement of the A-1 District of the
Frederick County Zoning Ordinance would present an undue
hardship for the reasons set out above.
2. The hardship is peculiar to Parcel B of the Clarks'
property and is not shared generally by other properties in the
same zoning district and their same vicinity as there are no
other businesses in this vacinity.
3. The authorization of such variance will not be of
substantial detriment to adjacent property and the character of
the district will not be changed by the granting of the variance.
The only property that would be detrimentally effected by
granting the variance would be Clarks' retained Parcel A. The
only character change would be a new division line. For all
other purposes the parcels have always been treated separate.
- 3 -
Respectfully submitted.
EDGAR W. CLARK
By:
J. Randolph Larrick
Attorney
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A PORTION OF THE PROPERTY OF
Edgar W. Clark
DEED BOOK � ; PIGE 270
GAINESBORO MAGISTERIAL DISTRICT
FREDER ICK COUNTY V1RGINIA
SCALE 1 50 FEBUARY 16 1004
RITCHIE SURVEYS
STEPHENS CITY VIRGIN IA
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FAMILY VARIANCE~GRANTEO•
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#1467
WINCHESTER CASKET COMPANY, INC.
TO: :: :: DEED
EDGAR W. CLARK, ET UX
THIS DEED made and dated this 12th day of June, 1961, by and
between the Winchester Casket Company, Incorporated, party of the first part, and
Edgar W. Clark and Mary E. Clark, 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, thel
receipt of all of which is hereby acknowledged, the said party of the first part
does hereby grant, sell, and convey, with general warranty of title, unto the part�es
of the second part, with common law right of survivorship, a certain tract or
parcel of land containing 24.87 acres, more or less, together with all improvement,,
and appurtenances thereto belonging, lying and being situate along the Eastern
side of Virginia - U. S. Highway No. 522, about six miles Northwest of Winchester,
in Gainesboro District, Frederick County, Virginia, and being a portion of that
certain larger tract or parcel of land that was conveyed to the party of the first
part by Julia V. Clark et al, by deed dated May 13, 1961, and of record in the
Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book
No. 270, page 533. A plat and metes and bounds description of a survey of the
within conveyed land made by Lee A. Ebert, Surveyor, is attached to, and by this
reference incorporated in, this deed.
It is expressly sitpulated that the party of the first part
reserves a right of way 50 feet in width over and upon the within conveyed land
extending Eastward from the aforesaid highway a short distance South of the buildi
located thereon, known as the Wagon Wheel, to the remaining land of the said party
of the first part, and said right of way continuing N. 33 degrees E. over and upon
the remaining land of the said party of the first part adjacent to the Southeast
boundary of the within conveyed land. It is mutually understood and agreed that
the party of the first part and the parties of the second part, their heirs and
assigns,. shall have the right to the use of said right of way as laid out over the
within conveyed land and the other land of the said party of the first part, which
shall be maintained jointly by the parties hereto, theri heris and assigns.
In testimony whereof the party of the first part, by appropriate
resolution duly adopted, has authorized these presents to be executed for it, and
on its behalf, by Sebert J. Smith, its President, and its Corporate seal to be
affixed hereto and attested by H. Smith Dorsey, its Secretary.
(SEAL) WINCHESTER CASKET COMPANY, INCORPORATED
BY SEBERT J, SMITH (SEAL)
'President'
Attest *****************
H. SMITH DORSEY *REVENUE STAMPS
Secretary 41 *$4.40
State of Virginia *CANCELLED
County of Frederick, to -wit: *****************
I, Virginia Ritter, a Notary Public in and for the County of
Frederick, in the State of Virginia, do hereby certify that Serbert J. Smith,
President of the Winchester Casket Company, Incorporated, whose name is signed to
the foregoing writing bearing date of June 12th, 1961, has personally appeared
before me, in my county aforesaid, and acknowledged the same.
Given under my hand this 15th day of June, 1961.
My Commission expires March 10, 1964.
VIRGINIA RITTER
Notary Public
003 -�rkl-u 2 0.
5
OTHER LAND
IRON PIN
IRON PIN
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The above Plat is a Survey of a Portion of the
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Winchester Casket Co., Inc. - Clark Land; The said 4�F, ti o,Roti ti�
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Portion fronts the eastern highway boundary lines (✓s �S �0111 ti��0
of the North Frederick Grade - U. S. 22 and lies
in Gainesboro District, Frederick County, Virginia:
Beginning at a metal fence post in the eastern highway boundary
line of the North Frederick Grade, a corner to the Clifton Lewis Land, running
with the three following highway boundary lines S 21 ° Ill E - 121.9 ft. to an iroi
pin; thence S 200 E - 149.15 ft. to an iron pin; thence S 170 371 E - 152.4 ft.
to an iron pin corner to the Retained portion; thence with the four following line:
of the said Other Land N 330 E - 1728.18 ft. to an iron pin; thence N 570 W -
346.75 ft. to an iron pin; thence N,32° 5,11 E.-.347.07 ft. to an iron pin; thence
N 580 W - 1253.7 ft. to an iron pin corner in thp, eastern line of the Clark Land;
thence with the said line S 320 101 W - 426.07 ft. to a post corner in the northers
line of the said Lewis Land; thence with the two following lines of the said Land
S 570 321 E - 1248.5 ft. to an iron pin; thence S 320 341 W - 1381.25 ft. to the
beginning.
Containing - - 24.87 Acres.
Surveyed - - Mary 15, 1961. LEE A. EBERT
Uertified LandSurveyor,
Comm. of Virginia #484.
VIRGINIA
FREDERICK COUNTY, (SCT.
This instrument of writing was produced to me on the 27th day of
July, 1961 at 2:30 P. M. and with certificate of acknowledgment thereto annexed
was admitted to record.
CLERK
COUNTY of FREDERICK
IDepartment of Planning and Development
John T.P. Horne - Planning Director
Stephen M. Gyurisin - Deputy Director
703/662-4532
April 3, 1984
TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s)
The application of: Edgar W. Clark and Mary E. Clark
For: 30,101 square foot lot size
The variance request will be considered by the Frederick
County Board of Zoning Appeals at their meeting of
April 17, 1984 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.
Sincerely,
?ohr T. P. Horne
Director
JTPH/rsa
9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601
This is to certify the the attached correspondence was mailed to the
following on April 3, 1984 from the Department of Planning and
Development, Frederick County, Virginia:
CREEL, GRANVILLE M.
EDGAR W. E MARY E. CLARK, 6 PATRICIA A.
RT. 2 BOX 316 BLOOMERY STAR ROUTE
WINCHESTER, VA. WINCHESTER, VA.
22b01 22601
NICHOLSON, GLENWOOD F. SMIOH9 SEBERT J., INC.
6 MABEL P. P. WINCHESTER
OX 16
RT. 2 BOX 324 , VA.
WINCHESTER, VA. 22601
22601
o n T. P. Horne, Director
ederick County Dept. of Planning
STATE OF VIRGINIA
COUNTY OF FREDERICK
12
1,
a Notary Public in and for the
state and county aforesaid, do hereby certify that John T. P. Horne,
Director of the Department of Planning and Development, whose name is
signed to the foregoing, dated 0(5 , has
personally appeared before me and acknowledged the same in my state
and county foresaid.
Given under my hand this day of 1984.
My commission expires on )
4� ` 1
NOTA PUBL
i
063 -�y - I q
M E M O R A N D U M
TO: STEPHEN M. GYURISIN
Deputy Director
FROM: J. RANDOLPH LARRICK, ESQ.
RE: CLARK VARIANCE
DATE: April 12, 1984
I am enclosing a memo with two exhibits which I intend
to present to the Board of Zoning Appeals at the hearing of
this matter on April 17 at 3:30 p. m. I would ask that you
review this to make certain I'm on sound ground and not in
conflict with any thinking of your department.
If you have any suggested changes or additions, I would
appreciate your calling me.
JRL:mnm
Enclosures
J. Randolph Larrick
meµ-'