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HomeMy WebLinkAbout08-84 Howard C Miller - Stonewall - BackfileCOUNTY of FREDERICK I Department of Planning and Development John T.P. Horne - Planning Director Stephen M. Gyurisin - Deputy Director 703/662-4532 May 17, 1984 Mr. Howard C. Miller Sunnyside Station Winchester, Virginia 22601 Dear Mr. Miller: This letter is to confirm.the Frederick County Board of Zoning Appeals' action at their meeting of May 15, 1984. Approval of Variance Application #008-84 of Howard C. Miller for a 5' right side yard variance for an attached one -car garage. This property is designated as Parcel 40(A)A on Tax Map 53A and is located on Route 832, in Sunnyside, in the Stonewall Magisterial District. If you have any questions, please do not hesitate to contact this office. Sincerely, _�2 1P Jo n T. P. Horne D'rector JTPH/rsa 0 Crmrt CniinrP - P.O.'Roy 601 - Winche-,ter. Virginia - 22601 00 V - v \I y9 VARIANCE #008-84 Howard C. Miller LOCATION - Route 832 in Sunnyside near Hillcrest Nursing Home; seventh house on the left in rear, on hill with a fence. MAGISTERIAL DISTRICT - Stonewall TAX MAP & PARCEL NUMBER - Tax Map 53A, Parcel 40(A)A LAND USE & ZONING - Residential Land Use and RP (Residential Performance) Zoning ADJOINING LAND USE & ZONING - Residential Land Use and Zoning PROPOSED USE & IMPROVEMENTS - Attached one -car _garage VARIANCE REQUESTED - 5' right side yard REASON FOR VARIANCE - House is located 20' off the property line on the right side, where garage is requested to be built. Garage is to be 14' X 24'. BACKGROUND INFORMATION - This application is to reduce the 10' side yard requirements of the RP (Residential Performance) Zoning District. The applicant wishes to construct an attached 14' X 24' garage. STAFF COMMENT - A building permit is required. APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA Variance Application No. - Submittal Deadline is 3 �3 Application Date For the Meeting of Fee Paid °i T ►7 1. The applicant is the (owner) V/ (other) _ (check one) 2. NAME: 4W pad_ C , yn/�' OCCUPANT: ( If other than applicant) ADDRESS: SI_krirl/� �) �A)_ NAME: )r 4,� L/�4 , ADDRESS: TELEPHONE: 6 6 7 - `A n !3_ TELEPHONE: 3. The property is located at (please give exact directions) S U" n) v 'C� ICt }.l LL �i �-E in �ta�_ _ 4. The property has a frontage of -/ feet and a depth of feet and consists of acres. (Please be exact) 5. The propert/ p isownedby,;f'_' w" " C . as evidenced by deed from �"-'�- recorded in deed book no. on page j ; 2 registry of the County of F/' r6cle< 6. This property is designated as parcel no. TtfJo4 on tax map no. in the 5/O41ftt,i9CC Magisterial District. Property Identification Number: 8. The existing zoning of the property is: ;S P 9. The existing use of the property is: '\ P 10. The adjoining properties zoning is: IN 11. The adjoining properties land use is: /� P 12. Describe the variance sought in terms of distance and type. (For example - A 3' rear yard variance for an attached two car garage.) A �vE_lCbo7` L�i9✓/A/L/C.E r r ek-f SId-F 6f NoLisE �6r �q (1`I) j= C A r Iry a< . Ati`�9 �h �d fo No rat C� 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 p p - exceptional topographic conditions or other extraordinary situation or condition of such piece of property, or - the use or development of property immediately adjacent thereto Page Two Variance ot�- &y - 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: Ph ul:8 1 . �4/' �c Address Propert D#: dS — - Vo 2. / `Ad1re�s: Z Propert ID#: 3. // Addre s• 4//.T " � �. 1/-.?, -Z 24 e / Property ID 4. �- Address: Prop rty ID#• -5-3 -- 6-2-o Au -or= -ZKM - 01 5. Address: Propert ID#: _ Address: ?ry 7/a . 2 ,2. L a 1 rop rt ID# • _ Cc Propert ID#•0CW_ 8r.(° Cv / Address Property IN : ly �` -�Ya _ _ .54000 -- U 'DOS -'Dmv -Cob 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: Date Signature of Owner: i ! 11 � C, %J14au, Date For Office Use Only BOARD OF ZONING APPEALS PUBLIC HEARING ACTION OF (date) Approval Denial CHAIRMAN: ,DAv1,d 6 W rA' loos Fo x -D r t"i +' lu C . , (IA , Page Three Variance Please use this page for your sketch of the property. Show proposed and/or existing structures on property, including measurements to all property lines. Please include any other exhibits, drawings or photo- graphs with this application. EXAMPLE Adjoining Property YOUR PROPERTY Adjoining Property o v � K T y �O.ddi i o tion o_ Property Line IP ------ ----"-----------=Center of Road-- - - Road SHOW THESE MEASUREMENTS % r?S , j, D0 AC. I Pro po BEd C-A r-A�, 3-'aAdd;f/ON '�f prop�rfy i.NE Boa 403 FAcf 372 THIS DEED made and dated this 16th day of January, 1973, by and between Walter E. Largent and Goldie E. Largent, his wife, parties of the first part, Howard C. Miller, party of the second part, and Bertha I. Calvert, party of the third 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 receipt of all of which is hereby acknowledged, the said parties of the first part do hereby grant, sell, and convey, with general warranty of title, unto the party of the second part for his lifetime, and at his death to the party of the third part in fee simple absolute, a certain lot or parcel of land containing One Acre (1.A.) more or less, together with all rights, rights of way, privileges, and appurtenances thereto belonging, lying and being situate a short distance North of U. S. Highway No. 522, about one-half mile Northwest of Winchester, in Stonewall District, Frederick County, Virginia, and com- prising portions of two parcels of land, one of which was conveyed to the parties of the first part by Joel C. Jones, et ux, by deed dated December 30, 1948, and of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book No. 209, page 175, and the other of which was conveyed to the parties of the first part by Fenton A. Travers, et ux, by deed dated October 19, 1959, and of record in said Clerk's Office in Deed Book No. 260, page 208. A plat and metes and bounds description of the within conveyed land identified as Parcel 2, made by Lee A. Ebert, Surveyor, is attached to, and by this reference incorporated in, this deed. It is expressly stipulated that this conveyance includes the right to the use of that certain right of way twenty feet in width extending Southward from the within conveyed land to said U. S. Highway No. 522, as described and set forth in that certain deed from Opal R. Solenberger, et vir, to Joel C. Jones, bearing date of May 27, 1948, and of record in the aforesaid Clerk's Office in Deed Book No. 205, page 413. It is further expressly stipulated that said land is conveyed subject to all applicable, or legally enforceable easements, if any, of record affecting same. 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 009-ky- 9 BOOK 403 PACE 373 dyne no act to encumber the said land; and that they will execute such further assurances of the said land as may be requisite. Witness the following signatures and seals. ' %✓ '-f'ji�z S Y" (Seal) State of Virginia County of Frede ick, to -wit: I, � • a Notary Public in and for the County of Frederick, in the State of Virginia, do hereby certify that Walter E. Largent and Goldie E. Largent, his wife, whose names are signed to the foregoing writing bearing date of January 16th, 1973, have personally appearec before me, in my county aforesaid, and acknowledged the same. Given under my hand this 1Lday of January, 197-3. My commission expires -M a� O i l C C/4� otary Public 0CA-�s+V CARPER LAND VARIANCE GRANTED: S28028'18" W - 175.00' IzI73 _ 4 I z C. E. SAS , ADM. = 4 LK I f Z I a 1.00 AC. - 2 c� _ b O N d I a IN OO N 0 O O a o o — o IN ZI a co, J Q ' I� J TIl p 3 N 2 8' 2 8' 18" E — 150.00 IRON PIN IRON PIN 0 Z W o LEE A. E6ERT .: _ V W 0 0 M �R o f EGA I t 1,W. a W to vi r Y 0 YA O d Y A M D g�o jo s Z -� 0.645 AC. d cr.w o RETAINED N z In1 o r PORTION J Ir — —— r co In a I I to _ � V z ao In.. I N a � zo W (0 X z O z pti b. _¢ W M Q (Jv ) J z I N 28' 28' 18" E - 16 0.00' N 28' 28' 18" E - 150.00' 25.0' N__. — IRON PIN r — IRON PIN PT. KO. 0 d SOLE N BERG ER LAND �tj H I fV .,Ila pal i aise" --sab'a. • Cleik, q�. • f f , 1 � 3 1 r h • �' • C i aA N � f f i't-i Y .�jq, � �"� py. fifye� y n�.^j"'§ pyp. ©O&_ Ff —R BooK 403 PACE 375 The Aeaompapying plat is a Survey of Parcel 2 conveyed to Walter E. Largent by Deed dated 19 October 1959 in Deed Book 260 Page 208 AND the Western Portions of Parcel 1 Conveyed to Walter E. Largent by Deed dated 19 October 1959 in Deed Book 260 Page 208 and the Land conveyed to Walter E. Largent by Deed dated 30 December 1948 in Deed Book 209 page 175. The said Land lies hest of Rt. 8 32, at Sunnyside, IQ Stonewall District, Frederick County, Virginia; Beginning at an iron pin in the Western Line of the Solenbnrger Land, a corner to the Retained Portion, also a corner to Parcel 1 and Parcel 2 of -the said 260 - 208 Deed, running with the said Soletl- berger Line, the Eastern Line of the said Parcel 2 - N 28 281 e G 18 E 25.00 ft. to an iron pin corner to the Charles J. Kline Land; thence with the Southern Line of the said Land N 580 36r Son W - 410.00 ft. to an iron pin in the Eastern Line of the Carper Land; thence with the said Line S 280 28, 18" W - �75.00 ft. to an iron pin corner to - the Romer Peer Land.; thence with the Northern -Line of the said Land S 58' 361 50" E - 222.50 ft. to an iron pin cornier to the Retain ed d Portion; thence with the two following Lines of the said Other Land IT 280 28f 18" E - 150.00 ft.---to- an- iron -pin; thence 5 580 6► n 3 5o F - 187.50 f t. to the beg inn ing. Containing - - 1.00 Ac. Also shown on the said Plat is the 25.0 Ft. Strip, or RAI, across the Solenber-er Land from the Western Boundary Line of Rt. 832 to the Surveyed Land. Surveyed - - November 2, 1972. VIRGIINir, FREDERICK CQUIRTY, SCT. T11snsirume of writing was produced to me on the day o , 19Y3__ at and with certifi a of ackaowla eat thereto anne cad was admitted to record. Tax imposed oy Sac. 58-a4.1 of and 55-54 have been paid, if asselsabl' -2, /J It- �a_ Clerk, ��EAt,rH o� IV u LE A. BBERT •- QW1FICPQE No. Y 0;el _, , 484 4 0 '' L A ry n s���` V.- 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: Howard C. Miller For: 5 foot right side yard variance for an attached one -car garage 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, 6!, I `` (i-re n T. P. Horne ctor JTPH/rsa 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 _'. Day-k 4 - , , 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: MILLER, HOWARD C. RT. 832 SUNNYSIDE STATION WINCHESTER, VA. 22601 LARGENT, 6ALTER E. E GOLOIE E. SUNNYSIDE STATION WINCHESTER, VA. 22601 VEACH, ULYSSES E. C EVELYN B. SUNNYSIDE STATION WINCHESTER, VA. 22601 HILLCREST NURSING HOME, INC. 315 E. CORK STREET WINCHESTER, VA. 22601 PEER, MILDRED VIRGINIA ELLIOTT, LESTER A. E CARLIN L. SUNNYSIDE STATION E GEORGIA E. SMITH '4INCHESTER, VA. 924 FAIRMONT AVENUE EXT. 22601 WINCHESTER, VA. 22601 CARPER, ROY 3. E JULIA 1305 DARLINGTON DRIVE WINCHESTER, VA. 22601 ft?. OAV i a C01J RAp IODS FOX vpwe \)j1n1CNESTF—P— OVA Z7-(.o1 Z-77) 7�(� J h T. P. Horne, Directo F derick County Dept. of Planning STATE OF VIRGINIA COUNTY 0 FRED ,I ` a Notary Public in and for the state a0d county aforesaid, do hereby certify that John T. P. Horne, Director of the Department of P1ni,ng and Development,whose name is signed to the foregoing, datedz'4�-L j Jqep , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this VAd, _ day of 1984. My commission expires on COUNTY of FREDERICK IDepartment of Planning and Development John T.P. Horne - Planning Director Stephen M. Gyurisin - Deputy Director 703/662-4532 May 2, 1984 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The application of: Howard C. Miller For: 5 foot right side yard variance for an attached one -car garage Due to tabling of this request at their meeting of April 17, 1984, this variance request will be reconsidered by the Frederick County Board of Zoning Appeals at their meeting of May 15, 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, 4� J T. P. Horne D(*lector JTPH/rsa 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 This is to certify the the attached correspondence was mailed following on May 2, 1984 from the Department of Planning and Development, Frederick County, Virginia: 0 Is to the Howard C. Miller Sunnyside Station Winchester, VA. 22601 David Conrad 1005 Fox Drive Winchester, VA. 22601 Mildred V. Peer Sunnyside Station Winchester, VA. 22601 Roy B. & Julia Carper 1305 Darlington Drive Winchester, VA. 22601 Ulysses E. & Evelyn B. Veach Sunnyside Station Winchester, VA. 22601 Hillcrest Nursing Home 315 E. Cork Street Winchester, VA. 22601 Lester A. & Carlin L. Elliott & Georgia E. Smith 924 Fairmont Avenue Ext. Winchester, VA. 22601 Walter E. & Goldie E. Largent Sunnyside Station Winchester, VA. 22601 Joh P. Horne, Director Fre ick County.Dept. of Planning STATE OF VIRGINIA COUNTY F.FREDERICK ©© I, ��(�Ct� , 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 ,;�dY, has personally appeared before me and a nowledged the same in,my state and county f oresaid. Given under my hand this 6-Ir ? day of� —�� 1984. My commission expires on NO ARY PUS IC