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01-82 Dennis Marvin Dale - Opequon District - Backfile
'4rezb.erirh Cal unto DIRECTOR P. O. Box 601 9 COURT SQUARE JOHN T. P. HORNE WINCHESTER, VIRGINIA 22601 February 17, 1982 Dennis Marvin Dale Route 1, Box 251 Stephens City, Virginia Dear Mr. Dale: This letter is to confirm the action taken by the Board of.Zoning Appeals on February 16, 1982, with regard to your request for a side yard variance. The Board of Zoning Appeals has approved your request for a 10' side yard variance in order to construct a 16' X 24' garage. If you have any questions, please do not.hesitate to contact this office. S" cerely, n T. 7Director ne arming JRR:bjs 703/662-4532 APPLICATION #001-82 THE APPLICATION OF DENNIS MARVIN DALE REQUESTING A TEN FOOT SIDE YARD VARIANCE FOR A 16' X 24' GARAGE. THIS PROPERTY IS ZONED A-2 (AGRICULTURAL) AND DESIGNATED AS TAX MAP 86B (5), BLOCK 1, PARCEL 1, IN THE OPEQUON MAGISTERIAL DISTRICT. BACKGROUND INFORMATION THE APPLICANT WISHES TO CONSTRUCT A DETACHED GARAGE (ACCESSORY STRUCTURE) WITHIN 5' OF THE PROPERTY LINE ON AN EXISTING FLOOR THAT WAS CONSTRUCTED APPROXIMATELY ONE YEAR AGO, HE IS SEEKING A 10' SIDE YARD VARIANCE OF THE A-2 DISTRICT REGULATIONS. THOSE REGULATIONS CALL FOR A MINIMUM OF 15' WITH THE TOTAL OF THE TWO YARDS BEING A MINIMUM OF 35'. This is to certify that the attached correspondence was mailed to the following on February 2, 1982 from the Office of Planning and Development, Frederick County, Virginia: Fred B. & Oma L. Gore Route 1, Box 250 Stephens City, Virginia 22655 Frederick M. Gore Route 1, Box 202 Middletown, Virginia. 22645 Elmo Ray Neff & Georgiana Newton Route 1, Box 377 Stephens City, Virginia 22655 Woodrow J. Roy & Betty Sue Route 1, Box 352 Stephens City, Virginia 22655 Dennis Marvin Dale Route 1, Box 251 Stephens City, Virginia 22655 Jo n T. P. Horne rector STATE OF VIRGINIA, COUNTY OF FREDERICK, TO' -WIT � a Notary Public in and for the State and County aforesaid, do hereby certify that JOHN T. P. HORNE, DIRECTOR, PLANNING AND DEVELOPMENT DEPARTMENT, whose name is signed to the foregoing, dated �IQ�[ _c r _, 1982, has personally appeared before me and acknowledged the same in my State and County aforesaid. 1982. Given under my hand this1r�c�� ,day of My Commission expires NOTARY PUBLIC /., 2 • CAI -�.�-� *ak • �*��cak..*.#.�c it 1-'�- �• �' -k � ,- �c ��� is F 9c �,��� F _..�.�_____._�_� ;!;f7 'FRED IS GORE, ET UX I; * r TO: +: PLAT REVISION �D IS M. DALE, ET UX BOOK �'459 `�A..��• 392 THIS DEED OF PLAT REVISION, -made and entered into this I day of June, 1976, by and between FRED B. GORE and OYA M. !I GORE, his wife, Darties of the first part, and DENNIS D`.. DALE and VARTHA S. DALE, his wife, parties of the second Dart: WHEIREAS; Fred B. Gore and Oma M. Gore, his wife, are the owners of certain acreage adjoining the hereinafter described land of Dennis M. Dale and Martha S. Dale, his wife; and �} WHEREAS: Dennis hi. Dale and Martha S. Dale, his wife, are . , the owners of LOT NO.1, of WOODSIDE SUBDIVISION, SECTION ONE, i containing 21,387.63 square feet, which fronts on the 'Nestern Boundary line of Route 641, situate in Opequon District, Fred- erick County, Virginia, It was conveyed to them by Deed dated j July 14, 1972 by Leslie H. Vanover, et ux, recorded in the Clerk' f in Office of the Circuit Court of Frederick County, Virginia, 1 Deed Book 393, page 311. The boundaries of said LOT NO.1, i a ppear on . lat of the p W OODSIDE SUBDIVISION which is of record �i in the Clerk's Office aforesaid, in Deed Book 331, page 315. I. NOW, THEREFORE THIS DEED OF PLAT REVISION, ViITNES'7ETH: I f That for and in consideration of the sum of Ten Dollars (1510.00) cash in hand paid to the parties of the first Dart, and of the benefits to accrue by reason of this revision, the undersigned owners and Droprietors, with their free consent, and in accord- ance with their desires, and pursuant to the applicable statutes . Iof Virginia and the ordinances of Frederick County, Virginia, •' for such purposes made and Drovided, do hereby grant, sell and convey with general warranty of title certain additional land, 0 1 and s f the Original LOT N . I and do hereby change the Line o g , ROBERT L O'NEAL 11, Additional Area, in accordance with the Accompanying Plat •TTO It NET AT U. Mioo"To."iVA. ::64sl Revision Survey - LOT 1-A - Vr00DSIDE - SECTION 1, Opeauon Dis- !� trict, Frederick County, Virginia, dated Yay 5, 1976. (page 1) M r_ REO:I 6.7-76 ROBERT E. O'NEAL AnoNMCY AT LAW MID 0ICTDWM, VA. 22645 BOOK 459 393 The additional land herein conveyed for LOT 1'-A, being a portion of land acquired by Fred B. Gore in Deed dated July 12, 1944, recorded in Deed Book 194, pare 76. j LOT 1-A, - OODSIDE SUBDIVISION, Section 1, is described by: metes and bounds as follows: Beginning at an iron pin in the y Western Boundary Line of Route 641, a corner to Lot 2, running I with the Northern Line of the said Lot, and continuing with the i Northern Line of the Retained'.?ortion S 630 101 10" . - 267.66 aft. to an iron pin corner to the Retained ?ortion; thence with the two following Lines of the said Other Land N 370 231 53" 9J - 80.93 ft. to an iron pin; thence N 480 131 33" E - 292.39 ft. to an iron pin the Western Boundary Line of Route 641; thence i with the said Line S 260 491 50" E - 154.95 ft. to the beginning containing 0.747 Acres. The said land fronts the Western Boun- dary Line of Route 641. {' The Accompanying Plat Revision Survey - LOT 1-A 7;OODSIDE - SECTION 1 bearing signatures thereon of the duly authorized County Officials designated to approve surveys, is made a part hereof in order that the same may be recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia. The arties hereto covenant that they have the right to p convey said land; that they have done no act to encumber the land; and that they will execute such further assurance of title as may be requisite. WITNESS the following signatures and seals: V3. /L t, (SEAL) Fl-ed B. Gore �% ra .,..eL., �% • 'z"L,4 ( S r AL ) a M. Gore ( S . ) Dennis Y. Dale d' -(SEAL) Martha S. Dale (pa8e 2) ROBERT E. O'NEAL ♦TTO9M[T AT LAW MICDL[TOWni VA. 22645 1 Oof -Sa{ i • j f SOOK 459 PACE 394 ISTATE OF VIRGINIA i .COUNTY OF FREDERICK, to -wit: l a Notary Public in and for the State d County aforesaid, hereby certify that Fred B. 1 Gore, Oma M. Gore, Dennis M. Dale and DIartha S. Dale, whose i names are signed to the foregoing instrument dated the g�day of June, 1976 have this day pasonally.appeared before me and I� acknowledged the same.- { Given under my hand this $-� day o , 1976. My commission expires: - No ar Public I � (page 3) I BOOK 459 ?act 395 1 `pop 1 9� 292'3 A Lima O� I 3 48� �3t d pia o - � en ,,00 0 0.,9•- I A , \ O 4J a 0.747 AC. J 't CN \ N � r O r S 63' 1O' 10" W — 267.66' O IWcM PIN twa;j Pill LOT 2 vT. aaQ. OTHER LAND I ' PLAT REVISION -LOT I -A , WOODSIDE SECTION I OPEQUON DISTRICT FREDER I CK CO.. VA. I"= 40' -- MAY 5. 1976 APPROVED: sia'7 _7 ueavialom ADM. Q y -7 c"It:� cc�oe. FM C04M i c oc co. o os }8cav i aaas Th o�`i s � � o LEE A. EBERT - u CER'IFICAiL N0. i �� LAND Sv♦ O O 1• It 1 • ..�: �..r. ....ram. •ri•. �...- -.r.. "- - _ems � • 1 i • BOOK 459 396 The Accompanying Plat is a PLAT REVISION SURVEY - WOODSIDE - SECTION 1 to change the Lines of and Additional Area to the Original Lot 1. The Original Lot 1 was conveyed to Dennie M. Dale and Martha S, Dale by Deed dated 14 July 1972 in Deed Book 393 Page 311. The Lot 1-A is a Fortion of the Land conveyed to Fred B. Gore by Deed dated 12 July 1944 in Deed Book 194 Iage 76. The said Land fronts the Western Boundary Line of Route 641, and lies in Opequon District, Frederick County, Vircginiat Beginning at an iron pin in the Western Boundary Line of Route 641, a corner to Lot 2, running with the Northern Line of the said Lot, and 0 continuing with the Northern Line of the Retained Portion S 63 10' 10" W - 267.66 ft. to an iron pin corner to the Retained Portion; thence with the two following Lines of the said Other Land N 370 23, 53" W - 80.93 ft. to an iron pint thence N 480 13' 33•' E - 292.39 ft. to an iron pin in the Western Boundary Line of Route 641; thence OA.FBE�T with the said Line S 26049' 50" E - 154.95i�ft. to the beginning. TContaining - - 0.747 Acres �Surveyed- - - May 5, 1976 ViRGINIA FREDERICK CCUAry, 3Ct. This instrument of riti.ng was produced to me os Cie $ day of , 19_ 2�2 , at 9, C S AI . - and with certificate o 'cknowladgment thereto anne cii .vas admitted to record. Tax imposed oy Sic. Jd- f. i it $ �b and 5:3-54 have been paid, if a.se sable. Clerk, • 1 1 1 co I _12L -1 { 1 j'�/oRTN ,apN w33N _QIt t ,RON o L1J o r G ✓ �/� ' • M — 3 0'1 -lam � � • �' - � n. � - i .a L i f • o d - �k., a rp J�.1►'• . r�y$ \site !' 1 + w`��' ,?!1h r .z � �+ � 2R _ :2. sr . '' f, �fr- Try AA:��y`� � y, -. + 'x >;S`�, to . �,�, � ,�.�•c.�' �` 40 ilk it 40 . -� '�} ! �d � • r�r _.tip J�I>,. '�',�;��r' 4n � "� ;'d 7 04 • ~,$ r .-x a n +:., �•ya# e a ',� S Yet. n, law ' ,. - f sk ley-•"�a •1 f 5 I� r x \ � , • * . ,�"ti-7M j,$• � ar .�d'� L s¢r . ' ��y �'� a• 5 � ." y r ,r Artbairk &Untu Picyarint Ott of jglanuiug nub p6doymut P. O. Box 601 DIRECTOR 9 COURT SQUARE JOHN T. P. HORNE WINCHESTER, VIRGINIA 22601 February 2, 1982 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The application of: Dennis Marvin Dale For: 5' Side Yard Variance The variance request will be considered by the Frederick County Board of Zoning Appeals at their meeting of February 16, 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. JTPH/dll Sincerely, C Fhn'T. P. Horne Director 703/662-4532 1- COJAIAL APPLICATION FOR VARIANCE n f, Fee pai O. O FREDER I CK COUNTY, V I RG I N IA N I. Application No. Date of Application Applicant owner f/ other (please check one) Name:,'DFNnIi.S zZx"2 —D.,94E Occupant (If other than zppUcant) Address:%f /�.DX ,�S/ Name:`: _ Address: Telephone Telephone'- Location of y propert `� ./yl /. �S'o: Z��ST 0/1,/" «a FT pytt %Vf%-Magisterial District r-- Existing Zoning R - Property Identification Number Y6 $00-0©,67-00c0-�f�Y3 Existing Use A-o� Adjoining properties zoning Adjoining properties land use A�,I&e(1MPIAC -14,AJD R6.5/A8A/7 --:_. Variance Sought (describe briefly relief sought) 77 Reason for Seeking Variarce 3) &I"f 6� C i Tff .Pc�S�ir/TI.1Piv� l�� y 6- AW21F T �lS� X �STiir/G' �r�iPHG'F �oo�-//�ie/�� �✓�s ' �`� D � Z� /9�� 7` �iYD r.✓ .4T 7`•lt�T �irJ 6- T/�iAi ♦. TGJ,¢S . j� f,� � �u��iF' /� s� O. /V �C ESS�i2y 7-0 p,9T.¢�ry A 11,cel i9-4VCE Ta .emu /GZ% ' `CLvSE.P Ti�ir}A/ /S" � F.Po� /��'oP��>~y L�N�� ::• -. _ The person and (his) (her) ( their) address o*•ruing and/or -occupying adjacent property to the property sought to be affec-ted (are) .(is): (Give names of all owners adjacent, across the road or highway land facing the property and any owners across any railroad right-of-way from such property. In the event the property affected is situated at or within 100 feet of the intersection of any two or more :-oads or highways at or within one hundred feet of the intersection of the rights -of -way of any two railroads, give names of property owners at all corners of any -such intersection). - 'Name Lot or tract Bailing address 1- 61774 L. Al, o" a3D RG �A) Ems - Gx Aso E, AQT- OX � l �O � .r-CEDE rck ,122, GoRc 230Ag6-M GE Al ... .2 "S 1 ff OX3?1 -- �. 1770 fi h \/ / 4- A&W%N 8 6 S'TF�ig��i✓�5' C' 1 `� C%9 • a �� ems- r . t l.L%O.�RD�,J T. RO Y � �T7-Y i C �$l $•.ES� S'TE"�EN.1"C/ 7� L>/¢• o��Z.�` /.we hereby depose nand .say _:that ,all of the aboire .statemerrt<s "and the statem. u.t .contained in any exhibits transmitted -are ;true_ -7. App-Licant For Office Use OnIF Zoning "Administrator has/has/.not "rendered a -decision 4.If. so, -state substtance of -,decision:-- Date honing 'Administrator Date of hearing: Final Decision Made:. _ 4- x t: The Variance sought was denied/ zproze_d with the following cond_Itions: CV) BOARD _Ea-LS. Bu.i-lding Permit ir`+► Conditional .Use Permit # -- bv: