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HomeMy WebLinkAbout26-84 Anthony Lee Cook - Shawnee District - BackfileCOUNTY of FREDERICK IDepartment of Planning and Development John T.P. Horne - Planning Director Stephen M. Gyurisin - Deputy Director 703/662-4532 March 22, 1985 Mr. Anthony Cook Route 1, Box 352 Winchester, Virginia 22601 Dear Mr. Cook: This letter is to confirm the Frederick County Board of Zoning Appeals' action at their meeting of March 19, 1985. Approval of Variance Application #026-84 of Anthony Lee Cook for a 10' side yard variance and a 40' front yard variance for a detached two -car garage. This property, designated as Parcels 36, 37, 38, 38A on Tax Map 87A, is located on Route 643 in the Shawnee Magisterial District. If you have any questions, please do not hesitate to contact this office. Si erely, )Jon T. P. Horne ctor JTPH/dkg 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 VARIANCE #026-84 Anthonv Lee Cook LOCATION - Route 643; Route 522 South, left on Route 643, 1/2 mile on the left. MAGISTERIAL DISTRICT - Shawnee TAX MAP & PARCEL NUMBER - Tax Map 87A, Parcels 36, 37, 38, 38A LAND USE & ZONING - Residential Land Use and A-2 (Agricultural General) Zoning ADJOINING LAND USE & ZONING - Residential and Open Space Land Use PROPOSED USE & IMPROVEMENTS - A detached two -car garage VARIANCE REQUESTED - A 10' side yard variance and a 40' front yard variance. REASON FOR VARIANCE - Because of the shape of the property and because it is about even with other structures on the road. BACKGROUND INFORMATION - The applicant is seeking a 10' side yard and a 40' front yard variance for a detached garage. The A-2 (Agricultural General) Zoning District requires a 15' side yard and an 80' front yard to the center of the right-of-way. STAFF COMMENT - The road right-of-way for Route 6443 is less than 50', therefore, an 80' setback is required from the center of the right-of-way. A building permit has been issued and construction has started. APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA Variance Application} o. - Submittal Deadline is Application Date For the Meeting of Fee Paid Z 1. The applicant is the (owner) (other) (check one) 2. NAME: A _ n V LEE- CUO K OCCUPANT: ( If other than applicant) ADDRESS: - NAME: ADDRESS: TELEPHONE: - TELEPHONE: 3. The property is located at (please give exact directions) 'R+ &43 - 5 as S n u +lam , l F -14 r) n In 4 -A yn o-, , I F- r, n 4, --1-1- 4. The property has a frontage of 7-4DU� feet and a depth of 4J .o feet and consists of C),S2 acres. (Please be exact) 5. The property is owned by���.�\��,(_,, C66k as evidenced by deed from kye\,, 'K-z4,AZ-ecorded in deed book no. sso on page /517 , registry of the County of�,�r:c1<. 6. This property is designated as parcel no.8f, 3kQ on tax map no. 7A in the � AL,)n E E Magisterial District. 7. Property Identification Number: F'%/g00 CEO / - bUdU - dn0��003�-d 8. The existing zoning of the property is: - 9. The existing use of the property is: 10. The adjoining properties zoning is: ,)1 -v2 11. The adjoining properties land use is:(I_I�fl1--- o�- L-rvl-lb �7 12. Describe the variance sought in terms of distance and type. (For example - A 3' rear yard variance for an attached two car garage.) .l1- ! c' T�r� • /A�'� • l�.n r.%-'- — r-- A dr l T _ . /titer 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 immediatel ad'acent thereto �F of --POR�� Page Two Oa 6 - Variance 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: /' NAM E . f,. r% 1 . N�►.ye\ncnsoh A� �osr Q V PIS Address: \b� e�c d Property ID# : f 666 -Q 6 = 66 60 - 6600 60'73-0 2. �rc�h\l�� �YKLr �.. $71—Id m�� Address: oX 4S- iv�N-e5�-er v2c3. Pro Property ID#: 7&66e-) - G DOD& - eoe)e - 0/ ..2 3. (a& -k A`�-Ci= Address: A. k�Sl �� r s a• Property ID# k%400 - 60 - o00 - ooD,-) - 003 9 - 0 4. Address: t aa, Property ID# : - 4 0,35-D Address: a eh C. 5+ -C r-yr Property ID#: 97�440 - OCi • DDo0 - cYJ - O®•�- 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:LA Date n-21-91 Signature of Owner: �f9'7?/lG- Date For Office Use Only BOARD OF ZONING APPEALS PUBLIC HEARING ACTION OF (date) Approval Denial CHAIRMAN: O v e? O 114 0.57 i P � eYo�Y `wAMt N 09. 30,E 43 AC. 0 ATE 6 ►ors R The above Plat is a Survey of the Land - Lots 36, 37, 38 h 38 A - Moscar- ella Subdivision - conveyed to W- F. do Leota M. Artrip by Two Deeds - py Deed dated 20 September 1955 in Deed Book 238 page 212 & by Deed dated 20 November 1970 in Deed Book 372 Page 472. The said Improved Land fronts the Western Boundary Line of Rt. 643, and lies in Frederick County, Virginia: Beginning at an iron pin at the point of angle in the Western Poundary Line of Rt. 643, a corner to Lot 35, running with the said Boundary Line N 090 301 E - 200.00 ft* to an iron pin corner to Lot 39; thence with the Southern Line or the said Lot and Lot 39 A - N 800 302 W - 233.96 rt. to an iron pin in tho Eastern Line of the Kincheloe Land; thence with the said Line S 090 30, W IP-23 ft. to an iron pin corner to Lot 35 A; thence with the Southwestern Line of the said Lot and Lot 35 - S 410 45, E - 300.00 V✓r^" �f a`r"L" ft. to the beginning. Containing - - - 0.57 Acres, tL Surveyed - - - - August 20, 1973. �w�w� oar-�yl�. WIRIAM M. BOAZ, SR., ET UX TO: .. .. DEED 1 II ANTHONY L. COOK, ET UX 500( 550 r'/I1.57 //ll THIS DEED, made and dated the i(" ��"day of ,'�C` . 1982, is by and between i1ILLIA.`I 11. BOAZ, SR., and BETTY J. BOAZ, husband and wife, and*KA.REN S. BOAZ, parties of the first part, hereinafter referred to as the Grantors; and ANTHONY L. COOK and ROBIN G. COOK, husband and wife, parties of the second part, hereinafter referred to as the Grantees. WITNESSETH: That for and in consideration of the sum of TEN (DOLLARS ($10.30) and other valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby grant and convey with General Warranty and English Covenants of Title unto the Grantees, in fee simple, as tenants by the entirety with the right of survivorship between them as at common law, all of that Icertain lot or parcel of land, together with the improve- ments thereon and the appurtenances thereunto belonging, fronting the western boundary line of Virginia Route 643 in Shawnee District, Frederick County, Virginia, and more particularly described by plat and survey dated August 20, 1973, by Lee A. Ebert, C.'—S., as fol- lows: Beginning at an iron pin at the point of angle in the western boundary line of Virginia Route 643, a corner to Lot 35, running with the said boundary line N 090 30' E - 200.u0 ft. to an iron pin corner to Lot 39; thence with the southern line of the said lot and lot 39 A - N 800 30' W - 233.96 ft. to an iron pin in the eastern line of the Kincheloe Land; thence with the said line S 090 30' W - 12.23 ft. to an iron pin corner to lot 35A; thence with the southwestern line of the said lot and lot 35 - S 41° 45' E - 300.00 ft. to the beginning, containing .57 acres; being the same real estate conveyed to William It. Boaz and Karen S. Boaz, by Deed dated October 26, 1979, and recorded in the Office of the Clerk of the Circuit Court for Frederick County, Virginia, in Deed Book 515 at Page 511. This conveyance is made subject to restrictions, easements ind rights -of -nay of record Affecting said land. The said Betty J. Boaz joins in this Dead for the purpose of 'eleasing, and she does hereby release, unto the Grantee, any . .nterest she may have in the foregoing real estate by virtue of her i 9 158 (�644'r7 BOCK 550 FADE 158 marriage to William M. Boaz, Sr., and she in no way warrants title hereto. WITNESS the following signatures and s als: WILLIAM Pi. AZ, (SEAL) � J (SEAL) BETTY AZ (SEAL) KAREN S. BOAZ STATE OF VIRGINIA AT LARGE, to wit: The f regoing instrument was acknowledged before me this .30 day of , 1982, by WILLIAM M. BOAZ, SR., and BETTY J. AZ, husband and wife. My commission expires 9d�� Notar is STATE OF <: c OF __�� ���! __► to wit t The foregoing instrument was acknowledged before me this day of , 1982, by iCAREN S. BOAZ. 44�— MY commission expires Notary Public This instrument o riting was produced to me on the vr, day of cQ , 19 Fa- , at 7 Ind with cedificate of ack owladgment thereto anna cal was ►duiittod to rocord. Tax vni-)oscd by 5-.7c. dc3•J4.1 of and 5-54 have been paid, if a so s....,... I r' COUNTY of FREDERICK Department of Planning and Development John T.P. Horne - Planning Director Stephen M. Gyurisin - Deputy Director 703/662-4532 February 5, 1985 TO: THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) RE: The application of Anthony.Lee Cook FOR: A 10' side yard variance and a 40' front yard variance for a detached two -car garage on Route 643 This variance request will be considered by the Frederick County Board of Zoning Appeals at their meeting of February 19, 1985 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, oh T. P. Horne Dt. ector JTPH/rsa 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 dab -try-S This is to certify the the attached correspondence was mailed to the following on February 5, 1985 from the Department of Planning and Development, Frederick County, Virginia: COOK, ANTHONY L. E ?03Ih G. RT. 1 BOX 352 WINCHESTER, VA. 2 2 6 :; 1 HUTCHISON, JOSEPH 0. E CHRISTINE P. P. 0. BOX 102 HERNDON, VA. 22070 FRANKLIN, ERVIN L. E ILA MAE RT. 1 BOX 348 WINCHESTER, VA. 22601 GOOD, LELAND J. E ALICE L. RT. 1 BOX 351 WINCHESTER, VA. 22601 HERBAUGH, JOHN M. E JUDITH J. RT. 1 BOX 353 WINCHESTER, VA. 22601 'Q � P, -/-P 6 L J0 T. P. Horne, Director Brick County Dept. of Planning STATE OF VIRGINIA COUNTY FREDERICK I, 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 J has personally appeared before me and acknowledged th ame in my state and county foresaid. Given under my hand this day of 1985. My commission expires on NOTjY PUBIAC WC-q`d- ic) COUNTY of FREDERICK IDepartment of Planning and Development John T.P. Horne - Planning Director Stephen M. Gyurisin - Deputy Director 703/662-4532 March 5, 1985 TO: THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) RE: The application of Anthony Lee Cook FOR: A 10' side yard variance and a 40' front yard variance for a detached two -car garage on Route 643 This variance request will be considered by the Frederick County Board of Zoning Appeals at their meeting of March 19, 1985 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 meet ing. Sincerely, C?ohXn T. P. Horne Director 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 March 5, 1985 from the Department of Planning and Development, Frederick County, Virginia: Cook, Anthony L. & Robin G. Route 1, Box 352 Winchester, Virginia 22601 Hutchison, Joseph 0. & Christine P. P.O. Box 102 Herndon, Virginia 22070 Franklin, Ervin L. & Ila Mae Route 1, Box 348 Winchester, Virginia 22601 Good, Leland J. & Alice L. Route 1, Box 351 Winchester, Virginia 22601 Herbaugh, John M. & Judith J. Route 1, Box 353 Winchester, Virginia 22601 Jo li'T. P. Horne, Director Fterick County Dept. of Planning STATE OF VIRGINIA COUN OF FRE RIQK a Notary Public in and for the state and coun y aforesaid, do hereby certify that John T. P. Horne, Director of the Department of Planning and Development, whose name is signed to the foregoing, date U U-1 V� , has personally appeared before me and acknowle ged the same in my state and county foresaid. Given under my hand this., day of 1U , 1985. My commission expires on 6IM11APIL"), aF7 PUBLIC