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HomeMy WebLinkAbout02-85 Philip H Brumback - Stonewall District - Backfile00;Ly5:-1 COUNTY of FREDERICK IDepartment of Planning and- Development John T.P. Horne - Planning Director Stephen M. Gyurisin - Deputy Director 703/662-4532 March 22, 198,5 Mr. Philip H. Brumback 2004 North Ridge Road Martinsburg, West Virginia 25401 Dear Mr. Brumback: This letter is to confirm the Frederick County Board of Zoning Appeals' action at their meeting of March 19, 1985. Approval of Variance Application #002-85 of Philip H. Brumback for a 14' side yard variance and a 38' front yard variance for a detached carport. This property, designated as Parcel 161 on Tax Map 33, is located on Route 672 East in the Stonewall Magisterial District. If you have any questions, please. do not hesitate to contact this office. erely, X/L, 7�: �An T. P. Horne erector JTPH/dkg 9 Ccnirt Square ' - P.O. Box 601 - Winchester, Virginia - 22601 029-b `), VARIANCE #002-85 Philip H. Brumback LOCATION - Route 672 East; Turn right off of Route 11 North onto Route 672 East, 4th lot on the right. MAGISTERIAL DISTRICT - Stonewall TAX MAP & PARCEL NUMBER - Tax Map 33, Parcel 161 LAND USE & ZONING - Residential Land Use and A-2 (Agricultural General) Zoning ADJOINING LAND USE & ZONING - Residential and Public Land Use, and A-2 Agricultural General Zoning PROPOSED USE & IMPROVEMENTS - A detached carport VARIANCE REQUESTED - A 14' side yard variance and a 38' front yard variance. REASON FOR VARIANCE - The lot is only 60' wide. If the carport was placed 15' from the property line, it would be in front of the house. BACKGROUND INFORMATION - The applicant is seeking a 14' side yard variance and a 38 front yard variance of the A-2 Zoning District regulation. The carport is located 1' from the side property line. The A-2 Zone requires 15' to the side property line and 80' to the center of the right-of-way. STAFF COMMENT - The carport was constructed without an approved building permit. Approval of the building permit is pending BZA action. d©5 3 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA Variance Applicatiop No. -$ Applicatip Date Fee Paid+%` 5 i 1. 2. 3. Submittal Deadline is For the M et �of The applicant is the (owner) (other) 1/ (check one) a wNck NAME: Ak'c/rnd&A -k- • (if other than applicant) ADDRESS: ;,zoQ:� ApA7-H ,&p ,� �,�i� NAME: 111/bCriNS R(,4P (4 , ✓d - jLs l ADDRESS Rov6� < r 2 1g TELEPHONE:/ ay1=- L� TELEPHONE:",L-0071 hkI-SiwasS — 6&;L-3 f36, The property is,locateo at (please,give exact directions) 4. The property has a frontage of 60 feet and a depth of asa feet and consists of I -Dr_ awes. (Please be exact) of /6Z)OD *qvAge 016E7 5. The property is owned by (fago- /,. 04tAey as evidenced by deed from.2)6C$W 4. /%i956/ .T,C, recorded in deed book no. on page registry of the County of , 6. This property is designated as parcel no. on tax map no. ) in the Magisterial District. 7. Property Identification Number: 33000-400-p«rX1- 8. The existing zoning of the property is: Al-7 9. The existing use of the property is:Azi 10. The adjoining properties zoning is: A& 691/��- 1 1 . The adjoining properties land use is: F-452V 7&., 'yp Ry�uc' 12. Describe the variance sought in terms of distance and type. (For example QA 3' rea yard variance fo an at chid wo car arage.) _ . LAND A_ 3 ' _Fft t 4 1"_ s MCA r- J 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 useordevelopment /_ of yropert .imppd atelya�ddjacent thereto Z07 is d/t k./ ��i �1f rw/r'/X�' / j0 7P /v iS�lf Ulisu� ll:J i..✓ 1 'Page Two 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: NAME 1.�A r� % Address: ."& a Propert ID# : - 2. Address• Pdr G Property ID#: 3AD e -- OO --0 0 Gb-- 3 ua dd r e s s: Property ID# .33c�o�— - 4. Ad res Property ID#: -OJT -� 5. a 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 axe true. Signature of Applicant: Date Signature of Owner: Dates For Office Use Only BOARD OF ZONING APPEALS PUBLIC HEARING ACTION OF (date) _�?)) Q b _5 L Approval Denial CHAIRMAN: Lo'i sA; .2 Ifoo-7t 0o a -W-(,0 tri TTJ n T 1 1 rI' J• J. d(DOI- S 7-IS) DEED OF TRUST made and dated this _JL,�c day of October, 1956, by and between Yula L. Cgt-lher, _,,arty of the JOSEPH A. MASSIE. JR. ATTORNEY AT LAW WINCHESTER, VIRGINIA first part, and Josep'.i. A. Massie, Jr., Trustee, party of the second part. 117JESSET11 That for. and in consir erat Lon of the sum of Ten Dollars (r10.00) and other „ood and val,_able consideratio* recei»t of all of -which is horeby acknowleds]ed, t:Iie party of the first -I�-rt does Hereby c-rant an:]. convey with �.-erler. nl warranty of title unto Joseph A. Yassie, Jr., Trustee, "all of that certain lot or parcel of land. lyin; :.ou.t}� of T . Hir-hway TTo. 11 at Clearbrook, Vir.;in_i.a, in Stonnwa11. District, Frederic'~ County, Vir ;ir_ia, and de,^r:r.ibed as follows: !.-!'MP`TITTG at a point in the mid-ile of the 2r,,.ceto,tim 1Zo .I corner to !. L<arence, Jr., thence Two Ti_undred ^nd Fifty I Feet (250) , :,o,)th to a stale c,:rner to Lawrence's oi,lior Land; t,ience ",i::t,r Beet (oO !est to a corner ,pith Claude T. (.1or•e 1 3.nd; thence TTo.°tt, nar. allel 11it'.i the E,:stern boundary tliereof Two ITandred and Fifty Feet (250) to the iddle of the Br. ucetolm Road -nd corner to ',ore' s other land; thence Last Si;�ty Feet (60) to the point obo-innLnL- bounded on the _North by the Clearbrook- 3rucetown ro,-.d, on the East by Lai>>rence, on the >outh by Lawrence and on t}.:e by the other lands of Gore." T?_i.s is the same lot or land that was conveyed to Yula L. Cather by deed from 'Inrbert '. Cather, her husband, bearin; ever_ date herewith a.nd of record in the Clerk's Office of the Circuit Court of Frederick County, Vir,ini_a, immediately precedin; this instrument. I'T TRUST 7TEVT]RTTTELESS TO SECURE to the Shenandoah Valley ITntional Bank of Winchester, Vir-inla, at sax .. ?`n1., the payment of a certain ne_,otiablo note in the sum of Fivo T Zoasand One Hundred Dollars C 5,100.00) Thirty (30) days after the date Hereof, and bearing even d�-ate 'iforewit'-,., and made by 'the Tarty of the first part herein, and in w'.iich note the maker and en;orser waives the ben:fit of her homes,;cad exemptions 0 0a 45-�-F nd a,-,rcef-:, to pay z,ll co.,-,ts o" (.-ollqct- M i l the r of defp,,.ilt, and re,isonnble attorney fnr:s, and to secure ti1c, lr;bt evidenced bTT spid note and any renewals or e-tensinns +-`)o;Iaof in whatsoever form tl-i.ey may as--ime, (,i-i-In-e in t-,,e qtios or b1T chnn;,e -in the fore of the -rT IS 17DET1,ST00-D A'T:) -L.- L bet-,):er-n the -nsrties ',io—oto thn.t t-:-Ils deed of tro.st is ac(,,o,,)t(-,d on con"Ation the at the rate, that t'n c � 'i 1;r of S i ,�. note C'', of Twenty hive Doll-rs ( ;`25.00) -,t t'-e. of -�irt,r ('0) -ix cent every tl of -i n t i I t) )tl-re balance of princ,.-) i.� rl n.ndi_nter°est is Defa:.Il.t 1-n t,,.e -o.aymont of any install-.�.nt o" -)rL-icL.)al intere,-t, shall at the option or t---io. iLdliar of sl--id —)11,1-;, cl. :5, the same to become irimedintely di,.le end n.aypbl-0. The re re-,airl.n- bal;:nce of n . ote, shall be (Jac -rd nyr,1,1e. 'Ive (5) 'ro-1 the ,late thereof. IT IS 77RTTP7R UN:):�'RSTOOD A"',TD A(TR-,'--]D b(,,two(-,,n the narties ner-.to th-!t this Deed 'of T--u.,-,-11- �,-Jjnjl- be con2trlir,., to I ,, )se and -�,.nf�r ti-)on t'*).o Y)qrti(;s -'ipretn, and thy; b(- -1.'ir-`--4 ri s hereunder, n.11 t--ie dutios, ri.-:hts ,)nr-1 obli,ations In Sections 5-'-)'-5P9 55-60 o." the Co-io, of Vir,-inin for (Michie) as if the sq--ie, wore ex-oressly prov-1-iod for `,-,ercin. It ir, 'urt"t-10'r covonntod and a,-,-recd as fnllo-Ts: 1. Exo-iptLons waived. 2. Subject to al l. upon dafaalt. 3. Ri,,-,ht of anticipation roserv(-..d. ;4. Renewals or extensions permitted. 5. Insurance reqlArod: Fall in:;urabla '.,'ITNESS the followin� sir�najnre and seal the first h(,,l- irn'.,,ove written. F', T, f T-, JOSEPH A. MASSIE, JR. ATTORNEY AT LAW WINCHESTER, VIRGINIA gmAmE OF VIRGI'TIA "OTTTY 07 T�REDERI CK, To-.•ri t: a No tr)ry 1.3ub1i_c of. and for the Cminty aforesr.id, in the >t,lte of Vi:-- in.ln, borc by certify tT_at Yula. L. Cather, ,rho na-ie is ci ,nerl to t'n- fore; oink writinJ, bearin,] d .te o_`' the �j�� day of October, 1956, has this day _)ersonally annenred before ,e in my County aforesaid and aci.;nowledcred the same. Given !ender my hand t_:i s ST day of October, 1956. JOSEPH A. MASSIE, JR. ATTORNEY AT LAW WINCHESTER, VIRGINIA --'y commission e. s v� `iJ�,------- -3- -Tot COUNTY of FREDERICK Department 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 Philip H. Brumback FOR: A 14' side yard variance and a 38'' front yard variance for a detached carport on Route 672 East This variance request will be considered by the Ftederick 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 meeting. Sincerely, 1 John'T. P. Horne Director JTPH/rsa 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 ao f6- (1 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: Cather, Yula L. Box 26 Clearbrook, Virginia 22624 Gore, Claude T. Box 26 Clearbrook, Virginia 22624 Frederick, County of P.O. Box 601 Winchester, Virginia 22601 Adams, Harold B. & Judith D. & Charles F. Jr. & Joyce C. & Donald C. & Karen M. Adams c/o F.I.G. 112 N. Cameron Street Winchester, Virginia 22601 Clearbrook Purchasing, Corp. P.O. Box 98 Clearbrook, Virginia 22624 Philip H. Brumback 2004 North Ridge Drive Martinsburg, WV. 25401 John Horne, Director Fredef:4. iCounty Dept. of Planning STATE,q VIRGINIA COUVIYA F FRED IncI, a Notary Public in and for the state and count3% aforesaid, do hereby certify that John T. P. Horne, Director of the Departm,Q11t of Planning and Development, whose name is signed to the foregoing, date has personally appeared before me and acknowledged the same in my state and county foresaid. i �q Given under my hand this (J day of / 1985. My commission expires o ��' COUNTY of FREDERICK IDepartment 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 Philip H. Brumback FOR: A 14' side yard variance and a 38' front yard variance for a detached carport on Route 672 East 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 meet ing . Sincerely,, J hn T. P. Horne Director JTPH/rsa I 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 06;--k5 -13 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: CATHER, YULA L. ADAMS, HAROLD S. & JUDITH 0. BOX 26 E CHARLES F. JR. E JOYCE C. E CLEARBROOK, VA.. DONALD C. 6 KAREN M. ADAMS 22624 C/O F.I.G. 112 N. CAMERON STREET WINCHESTER, VA. 22601 GORE, CLAUDE T. CLEARBROOK PURCHASING, CORP. BOX 26 P. 0. BOX 98 CLEARBROOK, VA. CLEARBROOK, VA. 22b24 22624 FREDERICK, COUNTY OF P. 0. BOX 601 Philip H. Brumback 9 COURT SQUARE wINCHESTER, VA. 2004 North Ridge Drive 22601 Martinsburg, WV 25401 th T. P. Horne, Director jederick County Dept. of Planning STATE OF VIRGINIA COUNTY F 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 N! , has personally appeared before me and acknowledged h same in my state and county foresaid. Given under my hand this day of !. / 1985. My commission expires on �% 61-7 J NOT RY PUB C