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Home My WebLink About04-84 Link Enterprises Inc - Opequon - BackfileBZA 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. R. Stewart Smith President Link Enterprises, Inc. P.O. Box 176 Stephens City, Virginia 22655 Dear Mr. Smith: This letter is to confirm the Frederick County Board of Zoning Appeals' action at their meeting of April 17, 1984. Approval of Variance Application #004-84 of Link Enterprises, Inc. for a 2.44' front setback variance for an existing single-family dwelling. This property is designated as Parcel 148(1)3 on Tax Map 75E in the Opequon Magisterial District. If you have any questions, please do not hesitate to contact - this office. Sincerely, ?hn T. P. Horne Director JTPH/rsa 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 COUNTY of FREDERICK P.O. Box 601 - 9 Court Square Winchester, Virginia 22601 • A 04 OR -4'84 z `am3il 1.., si4te� „�-- n ur;s enve:oFe CHAMPION*JOHN F. E 00NELLA E. 4914 ESSEX CIRCLE STEPHENS CITY, VA. 22655 N!'"r Ml"'ERABLE AS ANN�'RESSED UNABLE TO EU ,!J11 0 VARIANCE #004-84 Link Enterprises, Inc. LOCATION - Lot 148, Section 3, Fredericktowne; corner of Westmoreland Drive and Essex Circle MAGISTERIAL DISTRICT - S-h.awnee- cOC',J TAX MAP & PARCEL NUMBER - Tax Map 75E, Parcel 148(1)3 LAND USE & ZONING - Residential Land Use and RP (Residential Performance) Zoning ADJOINING LAND USE & ZONING - Residential Land Use and RP (Residential Performance) Zoning PROPOSED USE & IMPROVEMENTS - None VARIANCE REQUESTED - 2.44 foot front setback REASON FOR VARIANCE 7 At the time of construction, the setback was measured from the stake. The stake was found to be incorrect and the house is now complete. BACKGROUND INFORMATION - This application is for a reduction of the required front yard setback for a corner lot of 35 feet for an existing single-family dwelling located in the RP (Residential Performance) Zoning District. The applicant wishes to leave the existing structure 32.56 feet from the Westmoreland Drive right-of- way. STAFF COMMENT - A final Certificate of Occupancy has been issued by the Building Department. GO F APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA Variance Application No. Submittal Deadline is�;� Application Da e - For the Meeting of // /'7 -SV Fee Paid 1. The applicant is the (owner) (other) (check one) 2. NAME: //y%��tvnrr5�j ,,��cd OCCUPANT: (If other than applicant) ADDRESS: e-ld , P;,}- 1�'e NAME: _s4c,v�AP_�,_,; ADDRESS: TELEPHONE: &1,3 2� TELEPHONE: 3. The 6prjo�p. e)�r/t/?y i/s' located �.pa�t (please give/ exact directions) h lY "'�`'.AT / 7 }C 1 13 .� ^'F• °� .n d / 1 _n 4. The property has a frontage of 969 feet and a depth of feet and consists of (Please be exact) 5. The property is owned by ,,(�y°/vl�'��►�i,ts�s as evidence b deed from,/f _-,,�"�„l� 6/3� recorded in deed book no. on page V , registry of the County of� ,;�� r< �- N 6. This property is designated as parcel no.-d1,-1 ;Y- 0 on tax map no. �in the. Magisterial District. 75 7. Property Identification Number: d",~�-�r�' 8. The existing zoning of the property is:- 9. The existing use of the property is: ke (4. Re- I J6*1 �A 10. The adjoining properties zoning is: V-,'k 12- 11. The adjoining properties land use is: 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 reasons) 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 V�t60 .E? hh ' e-? I V e'7 1" //� f A2n d 17 e .'e Y Page Two variance o 14. The following are all of owning property adjacent (across street from) the sought. (Use additional notified by mail of this NAME the individuals, firms, or corporations to both sides and rear and in front of property for which the variance is being pages if necessary). These people will be application: �; , 4A Address: Property ID#: Property ID -1 Ad s s • "�,� Property ID# 4. -Qt e�3e Address: Property IDJ — -WA 5. r0c- -( Address: J jq(,� -'z Cl Property ID# • 6 C- T--�0"1'i C-2-Lj`�- !rE-�➢ C+(�fi�Vv1 i.0 Address. Property ID# :- sicnb � � '� - -- 7. DAfO l ro- f - - Ada Address: �{ t Property ID#• C Wi_ J 8. T Address: DA- Property ID# COCO- - 9 �, �OLNO D ( Address: Property I'D7 • '/�o� CM m 10. Address: Property ID#: 15. Additional comments, if any -D ns� 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. LI11T ERPRISES INC. President Signature of Applicant:" Date 5 Signature of Owner: Date ?;,,5, hy For Office Use Only BOARD OF ZONING APPEALS PUBLIC HEARING ACTION OF (date) - G Approval Denial CHAIRMAN: U� �� 'if0 cpnFlCATE ND. i %17.3 (8)965 54-IZ-3 (b)162. Or LAND w LOT 148 /4146 SO FT) D8.538 P. PBB ✓UNE 23, 198/ RESUBD/V/SOV PLAT r w 4 tq o y NOrE J Cfl OWELL/N6 ENCRaQ mES THE 35 BUILDING RESMCr/ON LINE ON WESrMORELANO DRIVE N40024'44"W - 90.00, WESTMOREL AND DRIVE r1rLE SURVEY LOT 140 SECT ON lZr FALMER1ClK71OWNE MESUBD/V/SION OPEDUON D1STR1Cr, FREDD?oar OouvrY, WRGIAW SCALE I "= 10' FWRUW 2B,1-9*f Prepared W GREENWAY ENGINEERING 8 SURVEYING CO., NVC. RourE 6 BOX 152 •C W/NCHESMR, VIRGIAU 1 440 f 26,775 TMD/ es 7/ 20/ 81 #434 FREDERICKTOWNE CO. TO: :: DEED & P. RELE�ISE LINK ENTERPRISES, INC. BOOK 545 au 440 THIS DEED AND DEED -OF PARTIAL RELEASE made and dated., this 20th day of July, 1981, by and between FREDERICKTOWNE COMPANY a Virginia corporation, party of the first part, LINK ENTERPRISES, INC., a Virginia corporation, party of the second part, THOMAS M. DICKINSON, JR., Sole Acting Trustee under a deed of trust dated January 29, 1980, recorded in Deed Book 51.8 at Page 242, party of the third part, and SHENANDOAH VALLEY NATIONAL BANK, Winchester, Virginia, party of the fourth part. WITNESSETH: For and in consideration of the sum of Ten. Dollars ($10.00) cash in hand paid by the party of the second part unto the party of the first part and other good and valuable consideration, the receipt' of which is heLreby acknowledged, the party of the first part does hereby grant, bargain, sell and convey with general waKranty of title unto the party of the second part, its successors and assigns, the following described property and appurtenances thereunto belonging: All that certain parcel of land together with the improvements thereon situate in Opequon Magisterial District, Frederick County, Virginia, known as Lot 148, as shown on the Deed of Dedication and Declaration of Plat for Fredericktowne Company, Section III, made and dated the 28th day of April, 1975, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 443 at Page 296 and following, and Amended Deed of Dedication dated April 26, 1976, recorded in the aforesaid Clerk's Office in Deed Book 457 at Page 510 and following, and being a portion of the land conveyed unto the party of the first part by deeds of B. H. Beaver, et ux, dated June 2, 1969, recorded.in the aforesaid Clerk's Office in Deed Book 353 at Page • 554 and Deed Book 353 at Page 556. Reference to theaforesaid deeds and to the Deeds of Dedication and Declaration of,Plat for Fredericktowne Company, Section III, and the references therein contained, are made for a more accurate and complete description of the property herein C` (ILI -_�y-_� 441 BOOK 545 pku 441 conveyed, together with all covenants and conditions connected with the aforesaid plat. This conveyance is expressly made subject to all duly recorded and enforceable easements, restrictions and rights of way. The restrictions contained in the aforesaid Deeds of Dedi- cation and Declaration of Plat are hereby incorporated by referenc( in this instrument as if fully set forth herein. Party of the first part covenants that it has good title to the land herein conveyed, that the same is free from liens and encumbrances and that it will execute such further assurances of title as may be requisite. Party of the third part, as trustee, and party of the fourth part, as the secured party and present noteholder under a certain deed of trust dated January 29, 1980, recorded in the aforesaid Clerk's Office in Deed Book 518 at Page 242, join in this deed and deed of partial release for the purpose of releasing from the deed of trust the hereinabove described parcel of land, but it is expressly understood that the release of this property does not release the remaining property and the lien of said deed lof trust shall continue in full force and effect as to such (Property. WITNESS the following signatures and seals: . FREDERICKTOWNE COMPAN i By- sidenc ( SEAL ) Thomas M. Di kinsory".dr._ Sole Acting Trugt O� %iil,i'�,, SHENANDOAH VALLEY NXTI09AL.- BANK}; ,,\y v, Winches r, Vi g By � s rtVN311S-- ti Y+42 r BOOK 545 %E 442 STATE OF VIRGINIA Xc� 1 OF , To -wit: The foregoing instrument was acknowledged before me by Noel M. Borden, who is President of Fredericktowne Company, a Vir- ginia corporation, on behalf of the corporation. Given under my hand this,?/,o/- day of, 1981. My Commission expires � ,3 ,�-_2_- Notary Public STATE OF VIRGINIA a t .OF To —wits . I, 4lc.c"c, ,�t�£ �.All( , a Notary Public in and for the State and aforesaid, hereby certify that Thomas M. Dickinson, Jr., Sole Acting Trustee, whose name is signed to the foregoing deed and deed of partial release dated the 20th day of July, 1981, has this day personally appeared before me and acknowledged the same.' Given under my hand this 20th day of July, 1981. My Commission expires"F.2�' Notary Public S OF VIRGI A OF .4ztW4 cGe,.c , , To -wits The foregoing din t amen was acknowledged before me by who is „c f Shenandoah Valley National Bank, on behalf of Shenandoah Valley National,Bank•, Given under my hand this day o , 1981. My Commission expires 6 Notary Public I ARIGINiA FREDERICK COUNTY, SCT. { TrAs instrument of writing was produced to me on the day of j ind with certificate, of acknowledgment thereto annexed was ldmitted to record. Tax unposed oy Sec. 58•d4.1 of I Sjq"�) and 59-54 have been paid, if assessable. I ' I Cleric. I% CS,-1 (4 - yi-!,- `1 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: Link Enterprises, Inc. For: 2.44 foot front setback for an existing single- family dwelling 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, in T. P. Horne °erector 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: LINK ENTERPRISES, INC. P. 0. BOX 176 STEPHENS CITY, VA. 22655 HOOVER, JEFFREY C. E BETTY S. 284 WESTM04ELAND DR. STEPHENS CITY, VA. 22655 KOCH, ALBERT L. E JOANNE J. 4917 ESSEX CIRCLE STEPHENS CITY, VA. 22655 CHAMPION,JOHN F. E DONELLA E. 4914 ESSEX CIRCLE STEPHENS CITY, VA. 22655 MCCOLLUM, DANIEL P. E ROSEMARIE 4902 ESSEX CIRCLE STEPHENS CITY, VA. 22655 THOMPSON, NELSON E. E PEGGY E. 263 WESTMORLAND DR. STEPHENS CITY, VA. 22655 *HITE ROLAND S. " BETTY E. 271 6�STMORELANO DRIVE STEPHENS CITY, VA. 22655 J n T. P. Horne, Director F derick County Dept. of Planning STATE OF VIRGINIA COUNTX�- OF LFREDERI I, a Notary Public in and for the state hnd 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 \3AP(- � "7 , has personally appeared before me and acknowledged the same in my state and county foresail. Given under my hand this �1 day of , 1984. My commission expires or