HomeMy WebLinkAbout13-84 Franklin D Garris - Gainesboro - Backfile�-�:.
:� ��I�
/3z� - o13--�q - I
COUNTY of FREDERICK
Department of Planning and Development
John T.P. Horne - Planning Director
Stephen M. Gyurisin - Deputy Director
703/662-4532
June 21, 1984
Mr. Franklin D. Garris
625 Fox Drive
Winchester, Virginia 22601
Dear Mr. Garris:
This letter is to confirm the Frederick County Board of Zoning
Appeals' action at their meeting of June 19, 1984.
Approval of Variance Application #013-84 of Franklin D. Garris
for a 9' side yard variance for a carport. This property is
designated as Parcel 67—A on Tax Map 53 in the Gainesbo.ro
Magisterial District.
If you have any questions, please do not hesitate to contact
this office.
ncerely,
J hn T. P. Horne
irector
JTPH/rsa
Q Cniirt .Cnnnrp _ P Cl Rnx 601 - WinrhPeter. Viruinia - 22601
VARIANCE #k013-84
Franklin D. Garris
LOCATION - 625 Fox Drive
MAGISTERIAL DISTRICT - Gainesboro
TAX MAP & PARCEL NUMBER - Tax Map 53, Parcel 67-A
LAND USE & ZONING - Residential land use and residential (RP
Residential Performance) zoning.
ADJOINING LAND USE & ZONING - Residential land use and zoning.
PROPOSED USE & IMPROVEMENTS - carport
VARIANCE REQUESTED - 9' side yard variance
REASON FOR VARIANCE - When it rains, water gets into the house
through the side entrance door. The applicant would like the carport
at this location to prevent this from occurring.
BACKGROUND INFORMATION - The applicant is seeking a variance for an
attached carport. This would require a 9' side yard variance of the
RP zoning district requirements. The structure would be one foot
from the side property line. The minimum side yard requirement of
the RP zone is 10'
STAFF COMMENT - A building permit is required.
(:) (3 -8y 1
APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
Variance Application No. 013-8 Submittal Deadline is "c;��
Application Date For the Meeting of
Fee Paid
1. The applicant is the (owner) (other) (check one)
r
2. NAME: 7xljl OCCUPANT: (If other than applicant)
ADDRESS NAME:
-?•2�C? ( ADDRESS:
TELEPHONE: �,. 4— TELEPHONE:
3. The property is located at (please give exact directions)
4. The property has a frontage of /00 feet and a depth of _
feet and consists of acres. (Please be exact)
5. The property is owned by,.
deed from
on page_, registry o
recoraea in ee
e County of�
r
evidenced by
o�ok • no. q-L,
X6. This property is designated as parcel no. 6 1 on tax map no.
S'3 in the y„ts bo,-o Magisterial District.
7. Property Identification Number: 530pO A0O nP3no nnoD .006l-A
8. The existing zoning of the property is: RP
9. The existing use of the property is:
10. The adjoining properties zoning is: RP
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
p13-Y4-y
Page Two
Variance
X 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:
M►i\ulal
y
Ad r'9ss:
Property I /
S 3 0cO
00 - O
2. 7n
N14/,9s Co..,
Address:
/
Property ID#:
53 oU c A4 C-) o
3. 0
�ou�lAs ✓ea�LW
Address:
4-Y
7 Yox .I e.
Property ID#
:�-30o0 Ao0 0000
0000 007-
4.
Address: /
/S/ O' "' -40 .J
Property ID# :
53000 A C)
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: �,�,,� �a�•,.�_� Date
Signature of Owner: Date
For Office Use Only / s-�
BOARD OF ZONING APPEALS PUBLIC HEARING ACTION OF (date)
Approval Denial CHAIRMAN:
131
#1678
CHARLE9* C. RUST, ET UX * `�
TO: DEED
.MLB:gll FRANKLIN D.•GARRIS, ET UX * 7
7-21-82 ****
4569G
idCI{SH AND BUTLICH
ARiONNUT/ AT LAM
Wmaunrr/w. VA. X2601
THIS DEED made and dated this 21 day of July r
19 82 , by and between CHARLES COMPHORT RUST and HELEN CHAMBLIN
RUST, his wife, parties of the first part,, hereinafter called the
Grantors, and FRANKLIN D. GARRIS and BERNICE M. GARRIS, his wife,
parties of the second part, -hereinafter called the Grantees.
WITNESSETH: That for and in consideration of the sum of
Ten ($10.00) Dollars, cash in hand paid, and other good and
valuable consideration, the receipt of which is hereby acknow-
ledged, the Grantors do hereby grant and convey with general
warranty of title unto the Grantees, in fee simple, as tenants by
the entirety with common law right of survivorship, all of that
certain lot or parcel of land, together with the improvements
thereon and the appurtenances thereunto belonging, lying and
being situate along the Western side of Fox Drive (Virginia
Secondary Highway No. 739), in Gainesboro Magisterial District,
Frederick County, Virginia, a short distance North.of the City
.of Winchester, Virginia, improved'by a dwelling designated 625
Fox Drive, and fronting on said Fox Drive a distance of 100 feet
and extending back Westward between parallel lines a distance
of 200 feet, and being the same real estate.conveyed to the
Grantors herein by that certain deed, dated July 31, 1976, from
Charles 0.. Wallace, et ux, which deed is of record in the Clerk's
Office of the Circuit'Court of Frederick County, Virginia, in Deec
Book 461 at Page 710. Reference is made to the aforesaid deed
for a more particular description of the property herein conveyed
This conveyance is made subject to all easements, rights
of way and restrictions of record affecting the subject property.
The Grantors do hereby covenant that they have the right
to convey to'the Grantees; that the Grantees shall have quiet and
peaceable possession of the said property, free from all liens ani
encumbrances; and they will grant such further assurances of .titl
as may be requisite.
RI
1 2
O 13 -&y -(1,
i
BOCK jJO FAH J32
WITNESS the following signatures'and sealst
i
(SEAL)
CHARLES COMPH T
SEAL)
HELEN CHAMBLIN RUST
STATE OF VIRGINIA, at -large,
Y
OF TO- IT:
a Notary Public in and for
the State and risdiction aforesaid, do hereby certify that
CHARLES COMPHORT RUST and HELEN CHAMBLIN RUST, his wife, whose
names are signed to the foregoing Deed, dated July 21 ,
1982, have personally appeared before me and acknowledged the san
in my State and Jurisdiction aforesaid.
Given under my hand 4thisday of , 194a
My Commission expire
PUBLIC
•;p111 N'b/4
Pei.
F' OV, r? •{
1!: 4::..
MCHEa AND BurLzn
ATTORMMTS AT LAM
Wu1CMXNTMw. VA. x2e01
• 11 8111IT" CAM..OM .T.99T
I
t
I
/LHG1v1A FR r 1rRICK COUNTY, SCT.
Tais instrument c)f riti •
g was produced to me on the
lz O �� d,,y of
I,Id with certilicat f ack ' 1gjgq at '�' m
1 ':Witted to �' �dgnent thereto a
rocurd. 1'ax iln��sad o nne.ce,� wa
y a:.c. 53•.i4.1 of
and 5 3.g4 have been
paid, if a,seaab,e.
Clerk
w
MLBtgll
7-22-82
4569G
t
I
I
I
I
I
11CKss AND BUTLSIt
ATrOUNUTS AT LAW
WWCftZ.T.", VA.'asws
it NVM OANKA9"1"AUT
133
#1679
FRANKLIN D. GARRIS, ET UX
TO: .. :: TRUST
MICHAEL L.. BRYAN, ET AL,.TRS.
THIS DEED OF TRUST made and dated this. , I day o:
1982 , by and between FRANKLIN D. GARRIS and
BERM E M.GARRIS, his wife, parties of the first part,,hereinafts
called the Grantors, and MICHAEL L. BRYAN, of Frederick County,
Virginia, and STEPHEN G. BUTLER, of Frederick.County, Virginia,
either one or both of whom may -act, parties of the second part,
hereinafter called the Trustees.
WITNESSETHs That for'and in eonsideratioi� of the sum c
One ($1.00) Dollar, cash in hand paid by the said Trustees to the
Grantors on or before the delivery of this deed of.trust, the
receipt of which is hereby acknowledged, the Grantors do hereby
grant and convey with general warranty of title unto.the said
Trustees, and their successors forever, the following real estate,
to -wits
"All of that certain lot or parcel of land,
together with the improvements thereon and
the appurtenances thereunto belonging, lying
and being situate along the Western side of
Fox Drive (Virginia Secondary Highway No. 739),
in Gainesboro Magisterial District,. Frederick
County, Virginia, a short distance North of
the City of Winchester, Virginia, improved by
a dwelling designated 625 Fox Drive, and
fronting on said Fox Drive a distance o-f 100
feet and extending back Westward between
parallel lines a distance of 200 feet, and
being -the same real estate conveyed to the
Grantors herein by that certain deed, dated
July 21, 1982, from Charles Comphort Rust,
et ux, which deed is of record in the Clerk's
Office, of the Circuit Court of Frederick
County, Virginia, immediately preceding this
deed of trust. Reference is made to the
aforesaid deed for a.more particular descrip-
tion of the property herein,conveyed."
This conveyance is made subject to all easements, right
of way and restrictions affecting the subject property.
IN TRUST HOWEVER, to secure payment to the holder of
a certain bond of even date herewith,• in the principal sum of.
Forty-four Thousand Dollars,($.44,000.00) together with interest
thereon at the rate of Twelve Percent (12%) per annum on the
unpaid balance until paid, made by the Grantors herein and payable
ir
If
134
01-65`ffI
•
BOOK 550' PACE J34
to Charles Comphort Rust and Helen Chamblin Rust,'or the survivor,
in Sixty (60) monthly installments of Four Hundred Eighty-four
Dollars and Forty-nine Cents ($484.49) each, which include
principal and interest, commencing on the'
t�ay'of _
1982, and continuing on the � day of each -month thereafter
with a final installment due
Renewals and extensions of the foregoing debt are permit
This deed of trust is executed and is to be construed in
accordance with,all the provisions of S55-59 and S55-60.1,
inclusive, of the Code of Virginia, and all amendments thereto,
except as otherwise provided herein.
Advertisement required: Publication of notice of sale
once a week for two (2) successive weeks in any newspaper of
general circulation or published where the property is located.
Commission of two and one-half percent (2 1/2$) of indebtedness
due Trustees if property advertised but indebtedness paid before
sale.
Right of anticipation reserved. Exemptions waived.
Subject to all upon default. Insurance required against fire and
other calamity'in the amount.of 'the original indebtedness secured
hereby.
The holder of the indebtedness secured by this deed of
i
trust is hereby granted the power to appoint.a substitute Trustee
i
I or Trustees, in -accordance with the-provisions'of S26-49 of the
Code of Virginia in the event of the resignation, death, incapaci y,
disability, removal or absence from the State -of a Trusteef or
Trustees; such substitute Trustee, or Trustees, shall be designat d .
by instrument duly executed, acknowledged and recorded among the
land records -where the property is located and shall have the sam
powers as if originally named herein.
MCK6h AND BUTLRR i
t
ATLO.N■r. AT urT The .property secured by this deed of trust may not be
WINCNt*TrM. Vw. 2.003.
11 POUTN OAM[110M Lil1[LT conveyed to any other person,• firm or corporation, without the i
� l
-2-
• 135
/ 5 0 r A,, f35
prior written consent of the beneficiary and any such conveyance
shall be construed as a default of the trust.
THIS LOAN IS PAYABLE IN FULL ON THE 61st INSTALLMENT
THEREOF. AT MATURITY, YOU MUST REPAY THE ENTIRE PRINCIPAL BALANC
OF THE LOAN AND UNPAID INTEREST THEN DUE. THE HOLDER OF THE
BOND IS UNDER NO OBLIGATION TO REFINANCE THE LOAN AT THAT TIME.
YOU WILL THEREFORE BE REQUIRED TO MAKE PAYMENT OUT OF OTHER ASSET
YOU MAY OWN, OR YOU WILL HAVE TO FIND A LENDER WILLING TO LEND YO
THE MONEY AT PREVAILING MARKET RATES, WHICH MAY BE CONSIDERABLY
HIGHER THAN THE INTEREST RATE ON THIS LOAN.
WITNESS the following signatures and seals:
4 x. ��� Wit' (SEAL)
KLIN•D. GARRIS
�_ERNICE
l (SEAL) M. GARRIS
STATE OF VIRGINIA, at -large,
OF , TO -WIT:
I,
the State a Jurisdiction aforesaid,
a Notary Public in and for
do hereby certify that
FRANKLIN D. GARRIS and BERNICE M. GARRIS, his wife, whose names
are signed to the foregoing Deed of Trust, dated
1982, have personally appeared before me and acknowle'ged the sa:r
in my State and Jurisdiction aforesaid. I
Given under my hand this -3,/) day of 19&
My Commission expires
N PUBLIC
'I A<<,t.t�l.r; ch GXWNTr. SM
UCKSK AND nUTLN. 1 lu 1: 11 0 W1I,I1ir wit t rohic.nd 10 rib On ttia ..l2.. 6 ddy 01
•rro.wrt. AT LAW � /� dnr! wrtn C�fSiriiJlJ OI dCknpW'0�7�iT1Ent Ih�i�to exed Wd, ,; ed
WMCUS.r■.. VA. ties, P,
Div%
0
136
C 13 -$y /o
#1680
WILLIAM W. MCMILLEN, ET UX
TO: :: :: DEED
REIN1OLD KLINGER
***************************************
1530 wE 136
THIS DEED made and dated this day of ,
1982, by and between WILLIAMW. McMILLEN and RUTH S. Mcr LLEN,
his wife, parties of the first party and REINHOLD KLINGER,
party of the second part.
WITNESSETH: That for and in consideration of the
sum of Ten ($10.00) Dollars the parties of the first part hereb '
grant and convey to the party of the second part; in fee simple
with gen,ral warranty of title, all of that certain lot or
parcel of land together with appurtenances thereunto belonging,
lying and being situate in Lake Holiday Estates Subdivision,
Gainesboro Magisterial District, Frederick County, Virginia,
more particularly described as LOT NO. 305, Section 2, as
shown on plat of record in the Clerk's Office of the Circuit
Court of Frederick County, Virginia, in Deed Book 387, at
Page 191, being the same property conveyed to the said parties
of the first part by Deed of Lake Holiday Estates, Inc., dated
the g0 day of ,7anMM , 19_2, of record in the aforesaid
Clerk's Office in Deed Book 376, at Page 190, to which deed
and plat reference is here made for a further description
of the -said property.
This conveyance is made subject to all the restrictions
contained in the Deed of Dedication and all easements and j
rights of way duly recorded in the aforesaid Clerk's Office
i
affecting the said lot.
This said parties of the first part covenant that
they have the right to convey the aforesaid property�to the
said party of the second parts that the said party of the
second part shall have quiet and peaceable possession to
said property, free from all liens and encumbrances, except as
herein stated; and the said parties of the first part will
execute such further assurances of title as may. be requisite.
LAnasNT. ANDRRHON.
LAnnicit & QROvus
♦TTOWNSYS AT {AM
WINCUMeTun. v3z"KNI♦
COUNTY of FREDERICK
Department of Planning and Development
John T.P. Horne - Planning Director
Stephen M. Gyurisin - Deputy Director
703/662-4532
June 5, 1984
TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s)
The application of: Franklin D. Garris
For: A 9' Side Yard Variance for a Carport
This variance request will be considered by the Frederick
County Board of Zoning Appeals at their meeting of June
19, 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,
9
J h T. P. Horne
D' ector
JTPH/rsa
9 Court Square
P.O. Box 601
Winchester, Virginia
22601
D13-"-oz
This is to certify the the attached correspondence was mailed to the
following on June 5, 1984 from the Department of Planning and
Development, Frederick County, Virginia:
GARRIS FRANKLIN 0.
& BERNICE M.
625 FOX DRIVE
wINCHESTER, VA.
22601
fl'REAR, WINIFRED
R UTE 1
STEPHENS CITY, VA.
22555
RUST, CHARLES COMPHART
& HELEN CHAMSE4LIN
631 FOX DRIVE
wuiCHESTER, VA.
22601
CLEVENGER, DOUGLAS E.
& LUCILLE S.
631 FOX DRIVE
«INCHESTER, VA.
22601
MUMMERT, HAROLD E. & CAROLYN W
1516 POi�DVIE4 DRIVE
WINCHESTER, VA.
22601
X,p
7*
J T. P.
Horne,
Director
F derick
County
Dept. of Planning
STATE OF VIRGINIA
COUNTY OF FREDERI K
I, + -kQly1p p �_ , 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 , has
personally appeared before me a acknowledged the same in my state
and county f oresaid.
Given under my hand this
My commission expires on
day of ,
1984.
lipIT