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HomeMy WebLinkAbout14-84 Gilbert P Smalley - Shawnee - Backfile13Z/I - ()I4/- Sy -I COUNTY of FREDERICK IDepartment of Planning and Development John T.P. Horne - Planning Director Stephen M. Gyurisin - Deputy Director 703/662-4532 June 21, 1984 Mr. Gilbert P. Smalley Route 1, Box 379 Winchester, Virginia 22601 Dear Mr. Smalley: This letter is to confirm the Frederick County Board of Zoning Appeals' action at their meeting of June 19, 1984. Approval of Variance Application #014-84 of Gilbert P. Smalley for a 23' front yard setback variance for a detached garage. This property is designated as Parcel 69 on Tax Map 87A in the Shawnee Magisterial District. If you have any questions, please do not hesitate to contact this office. Sincerely, n T. P. Horne Director JTPH/rsa q Crnirt QrninrP _ P (l. Rnx 601 - Winchester. Virginia - 22601 VARIANCE #014-84 Gilbert P. Smalley LOCATION - Route 522 South to Armel, left on Route 643, first house on the right on Route 643. MAGISTERIAL DISTRICT - Shawnee TAX MAP & PARCEL NUMBER - Tax Map 87A, Parcel 69 LAND USE & ZONING - Residential land use and A-2 (Agricultural General) zoning. ADJOINING LAND USE & ZONING_ - Residential and open space land use and A-2 (Agricultural General) zoning. PROPOSED USE & IMPROVEMENTS - detached garage VARIANCE REQUESTED - 23' front yard setback REASON FOR VARIANCE - 1) to line up with the existing house setback 2) the garage can not be located any other place on the property due to septic, well, and the size of the lot 3) The 80' setback would not allow the garage on the property with 15' rear and side yard requirement. BACKGROUND INFORMATION - The applicant is seeking a variance for a detached residential garage. This will require a 23' front setback variance of -the A-2 zoning requirements. The A-2 regulations require an 80' setback from the center of the road right-of-way. STAFF COMMENT - A building permit was issued based on a smaller setback and construction has begun'. APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA Variance Application No. 014-84, Submittal Deadline is Application Date - For the Meeting of Fee Paid �' Z� / 1. The applicant is the (owner) (other) (check one) 2. NAME: r - <SM6Q=E�4 OCCUPANT: (If other than applicant) ADDRESS: ��_37� NAME Zj ADDRESS: _ TELEPHONE: TELEPHONE: 3. The property is located at (please give exact directions) !T SL z- '1!2QMA -M _, c � d� 643 -, F= Psi- -tcau�,-e ON _ e'r fr df--� The property has a frontage of feet and a depth of feet and consists of . Z5 acres. (Please be exact) 5. The property is owned by 5ylflt�as evidenced by deed from recorded in deed book no. on page , registry of the County of tn— 6. This property is designated as parcel no.� on tax map no. g% A in the Magisterial District. stf E� 7. Property Identification Number: 2%Od-(�(-T�-C7I 8. The existing zoning of the property is: A-?— `Tlecco)�ll L 9. The existing use of the property is:��h��� 10. The adjoining properties zoning is:f�f�L--p 11. The adjoining properties land use is: 12. 13. Describe the variance sought in terms of distance and type. (For example - A 3' rear yard variance for an attached two car garage.) 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 Page Two Variance O1ti-,ry-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. ��� ; A es: rT, 1s�� �� t w01i VA Property ID# : 2. fl ._ Address- ! S C_ / �U�J� CST, (A)(A /� 6° 2 Property ID#:3. 3U �P-f ( Q. Gt{ f-1S7nrJe p; �,-� 10�, d r e s � ©Z 17� V Z� 70 Property ID# o�a r- ^�7Z- 4. Address: Property ID#: 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 anyi�iv/T r 'moo/ _0 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: Signature of Owner: Date Date For Office Use Only l q BOARD OF ZONING APPEALS PUBLIC HEARING ACTION OF (date) L l E21--7�vproval Denial CHAIRMAN: �`� 1 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 T Lv o v 1 � r- IAddi, a o Property Line ----------------------=Center of Rood ------- Rood SHOW THESE MEASUREMENTS C,y�i�-f�OG I f�m TD IT--i' OF f % o -57 Z3, Ic�wSy�(p .601 BMB:smb 4-7-75 2990K 0 XICIUM AND D[' LX31 AT"AHKVr AV LAN MlMcwssrrw, Vw. 92001 11 NVTM "Ml..M 4"ReaT JA,CKIE E. WHITACRE, ET -UX TO:' :: :: DEED GILBERT P. SMALLEY, ET UX * % BOOK 44" iArx Goi THIS DEED, made and dated this % L day of 19 `� r , by and between JACKIE E. WHITACRE and PAULINE R. WHITAC his wife, parties of the first part, hereinafter called the Grantors, and GILBERT P. SMALLEY and KATHRYN T. SMALLEY, his wife, parties of the second part, hereinafter called the Grantee 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 which is hereby ackn edged, the Grantors do hereby grant and convey with general war of title unto the Grantees, in fee simple, jointly as tenants by the entirety with right of survivorship as at common law, it being intended that the part of the one first dying should then belong to the other, his or her heirs or assigns, all -of those two certain lots or'parcels of land, together with the improvements thereon and the appurtenances thereunto belonging, lying and being situate in Shawnee Magisterial District, Freder County, Virginia, and more particularly described as follows: TRACT ONE: All of that certain lot or parcel of . land located on State Road No. 643, fronting on said road a distance of 110.2 feet and containing 11,495 square feet, more or less, and being more particularly described in a plat and survey of Richard U. Goode, C. L.. S., dated September 19, 1962, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 282, at Page 246, and by this reference made a part hereof as if set out in full, and being the same land conveyed to Jackie E. Whitacre and Pauline R. Whitacre, his wife, by deed dated September 21, 1962, from Ozias D. Ritter, et ux, of record in the aforesaid Clerk's Office in Deed Book 282, at Page 244. TRACT TWO: All of that certain tract or parcel of land lying adjacent and contiguous to Tract One above, and more particularly described as being situate along the southern side of Virginia State Highway No. 643, as beginning at a stake corner on the southern side of said highway 105 feet westward from a corner to the Reardon land, and running thence southward a distance of 126 feet, more or less, to a stake corner; thence westward a distance of 90'feet, more or less, to a stake corner; thence northward a distance of 100'feet, more or less, to at 602 MCritE AND T117rLER w TTOwMrT■ AT a.ar �Ila.caa:wrww. Vw. 2200, 1/ .OViw CwMlwOr rr wart BOOK 442) FRO: 602 a stake corner. on the southern side of said highways thence therewith eastward a distance of 90 feet, more or less, to the ppint of beginning, and being the same land conveyed to Jackie E. Whitacre and Pauline R. Whitacre, his wife, by deed dated March 19, 1965, from James R. Wilkins, et ux, of record in the Clerk's office of the Circuit Court of Frederick County, Virginia, in Deed Book 324, at Page 480. Reference is made to the aforesaid plat and deeds 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 and encumbrances; and they will grant such further assurances of title as may be requisite. WITNESS the following signatures and seals: / ACKIE E. WHITACRE (SEAL) R AULINE R. WHITACRE STATE OF VIRGINIA, OF to —wit: I, 5Qe- (Z. M<'Qrvr t'd , a Notary Public in and for the State and ()o,t ny4�_ aforesaid, do hereby certify that JACKIE E. WHITACRE and PAULINE R. WHITACRE, his wife, whose names are signed to the foregoing Deed, bearing date of . 19-75 , have personally appeared before me and acknowledged the same in my State and a ouoH aforesaid. Given under my hand this ► 11~ day of A, ,z rL- My commission expires r�t- a-D . r `� in �i "/_7 I I c..Q_. 8, OTARY PUBLI I • ViRGIN(A FREDERICK COUNTY, SLT. his instrument of writing was produced to me on the day of , 19 q-ca at ; 3o and with certificate of a !cnowladgment thereto anne•cad was adtuitted to record. Tax uup,)sed oY Sac. 5d•J4.1 of j SO and 53-54 have been paid, if a.,sew,s Ne. � J t Clerk. V a BMB:smb 4-7-75 2990K McKwr ^No BUTLUR .n N.XT• �T uw MuCKK*T.N. V♦ 9200, /1 ..Y111 G"...M 914921 #950 GILBERT P. SMALLEY, ET UX TO: ; : : TRUST BENJAMIN M.�BUTLER, ET AL, TRS. BGOK 4 412 wlE 6 c3 THIS DEED OF TRUST, made and dated this // day of 4,1. 19=, by and between GILBERT P. SMALLEY and KATHRYN T. SMALLEY, his wife, parties of the first part, hereinaf or called the Grantors, and BENJAMIN M. BUTLER, of Winchester, Virgi ia, and STEPHEN G. BUTLER, of Frederick County, Virginia, either one or both of whom may act, parties of the second part, hereinaf er called the Trustees. WITNESStTH: That for and in consideration of the sum of One Dollar, ($1.00), cash in hand paid by the said Trus to the Grantors, on or before 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 0 estate, to -wit: "All of those two certain lots or parcelsof land, together with the improvements thereon and the appurtenances thereunto belonging, lying and being situate in Shawnee Magisterial District, Frederick County, Virginia, and more particularly described as follows: TRACT ONE: All of that certain lot or parcel of land located on State Road No. 643, fronting on said road a distance of 110.2 feet and containing 11,495 square feet, more or less, and being more particularly described in a plat and survey of Richard U. Goode, C. L. S., dated September 19, 1962, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 282, at Page 246, and by this reference made a part hereof as if set out in full. TRACT TWO: All of that certain tract or parcel of land lying adjacent and contiguous to Tract One above, and more particularly described as being situate along the southern side of Virginia State Highway No. 643, as beginning at a stake corner on the southern side of said highway 105 feet westward from a corner to the Reardon land, and running thence southward a distance of 126 feet, more or less, to a stake corner; thence westward a distance of 90 feet, more or less, to a stake corner; thence northward a distance of 100 feet, more or less, to a stake corner on the southern side of said highway; thence therewith eastward a distance of 90 feet, more or less, to the point of beginning. 6o4. 1 Ucxaa wxD av:, aw �reowrr� �* uw Ku.czrtrrz<w, Vti ft00! n wvr. u..a.ow •r.a tt BOOK 41ti re-H 604 Tract One and Tract Two being the same land conveyed to the Grantors herein by'deed dated 1975, from Jackie t. Whitacre, et ux, 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 plat and 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. IN TRUST HOWEVER, to secure payment to the holder of a certain bond of even date herewith, payable Twenty-five (25) years from date, in the principal sum of Twenty Thousand Dollars, ($20,000.00), together with interest thereon at the rate of Nine and one-half per cent (9 1/2%) per annum on the unpaid balance until paid, made by the Grantors and payable to the Shenandoah Valley National Bank of Winchester, at Winchester, Virginia, or order, in Two Hundred Ninety-nine (299) monthly installments of One Hundred Seventy-four Dollars and Seventy-four Cents, ($174.74) each, which include principal and interest, commencing ,on the 9,9 Gday of , 19;z-5, and a final installment equal to the principal and interest remaining due, which installment shall be due and payable on the -?a day of Renewals and extensions of the foregoing debt are permitted. This deed of trust is executed and is to be construed in accordance with all the provisions of S55-59 and 555-60 of the Code of Virginia, and all amendments thereto, except as othez'- wise provided herein. Advertisement required: A single publication of notice of sale at least fourteen (14) days before the date of sale in any newspaper of general circulation or published where the property is located. Commission of two and one-half per cent (2 1/2%) of indebtedness due Trustees if property advertised but indebtedness paid before sale. -2- MC14:Ua AND IilT L111 ATT "KYS AT .,AM wu1 .X'T1". VA. 22WI I. NUi" 6 4.0" .i...T 605 boor. F}AA. ti w.i 635 The Grantors reserve the right to pay at any time the entire indebtedness, or any part thereof, provided, however, that Grantors will pay to the holder of the bond hereby secured a prepayment penalty of one per cent (1%) of the amount of any such prepayments made within three (3) years from the date hereof Exemptions waived. Subject to all upon default. Insurance requi e4 against fire and other calamity in the amount of the original indebtednesp secured hereby. Any default in the amount of the monthly payment provid in said bond, unless paid within Ten (10) days from the due date of said payment, shall, at the option of the holder of said bond, constitute an event of default under this deed of trust. The holder of the bond may collect a "late charge" not to exceed Four per cent (4%) of the amount of each payment more than Ten (10) days in arrears to cover the extra expenses involved in handling delinquent payments. The holder of the indebtedness secured by this deed of trust is hereby granted the power to appoint a substitute Trustee, or Trustees, in accordance with the provisions of 526- 49 of the Code of Virginia in the event of the resignation, death, incapacity, disability, removal or absence from the State of a Trustee, or Trustees; such substitute Trustee, or Trustees, shall be designated by instrument duly executed, acknowledged and recorded among the land records where the property is located and shall have the same powers as if originally named herein. The property secured by this deed of trust may not be conveyed to any other person, firm or corporation, without the prior written consent of the beneficiary and any such conveys shall be construed as a default of the trust. NOTICE: THE DEBT SECURED HEREBY IS SUBJECT TO CALL IN FULL OR THE TERMS THEREOF BEING MODIFIED IN THE EVENT OF W= . 6o6 McNaa A" BUTLER .9T0� .T LAW i Ntwcf r�T�n. V.. Mot ��.O VTM fJ.�t�OM .twit. i 1 � II BOOK 44J'P)w rvE 606 SALE OR CONVEYANCE OF THE PROPERTY SECURED HEREBY. WITNESS the following signatures and seals: (S ILBERT P. SMALLEY J "�c_(S KATHRYN T. SMALLEY 1) STATE OF VIRGINIA, Q�N> OF ppedeolck , to -wit: I, S U p a Notary Public in and for the State and �L,an+�( aforesaid, do hereby certify that GILBERT P. SMALLEY and KATHRYN T. SMALLEY, his wife, whose names are signed to the foregoing Deed of Trust, dated 19 'Is, have personally appeared before me and acknowl- edged the same in my State and C...I n,y aforesaid. Given under my hand this 1J*�' day of 1), R -y ti , 19 My commission expires Or 4-1- • 7D ► o -7'1 ARY PUBLIC VJP ,,-OA FTtEUt:W*X MJNTY. SM _ C` Of wn inR wos orndxeA to me on tfie_J_X%AY Of .^.M._ �.��. ut JCKnO1%01,;ment Uiewo annexed❑s 3UMMOd t0 �rCOr�. ��,//////��� � �•7 /� t fjIcwft -4- COUNTY of FREDERICK IDepartment 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: Gilbert P. Smalley For: 23' front yard setback variance for a detached garage 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, Y90 n T. P. Horne Director JTPH/rsa 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 0 1q yy-13 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: SMALLEY, GILBERT ?. E KATHRYN T. RT, 1 EOX 379 wINCHESTER, U.A. 2?601 EVANS, WALTER L. F. RITA F. RT. 1 BOX 346 4INCHESTER, VA. 226L'? 1 WILKINS, JAMES R. 7 S. LCJECUN STREET oINCHESTER, VA. 22601 HUTCHISON, JOSEPH 0. L CHRISTINE P. P. 0. BOX 102 HERNDON, VA. 22370 Jo T. P. Horne, Director F e erick County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK I , 4&YLL E j . , 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 ara acknowledged the same in my state and county foresaid. Given under my hand this 6)Ui _ day of (�nn�p� , 1984. My commission expires on •