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HomeMy WebLinkAbout03-85 John V & Nancy M Wible - BackfileCOUNTY of FREDERICK Department of Planning and -Development John T.P. Horne - Planning Director Stephen M. Gyurisin - Deputy Director 703/662-4532 March 25, 1985 John V. and Nancy M. Wible Siler Route, Box 506 Winchester, Virginia 22601 Dear Mr. and Mrs. Wible: This letter is to confirm the Frederick County Board of Zoning Appeals' action at their meeting of March 19, 1985. Approval of Variance Application #003-85 of John V. and Nancy M. Wible for a 38' front yard variance for an addition to existing residence. This property, designated as Parcel 48 on Tax Map 22, is located at the junction of Routes 671 and 676 in the Gainesboro Magisterial, District. If you have any questions, please do not hesitate to contact this office. Sa'erely, 01 J(oYn T . P . Horne D'rector JTPH/dkg 9 Court Square - P.O. Box 601 - Winchester, Virginia 22601 VARIANCE #003-85 John V. and Nancy M. Wible LOCATION - Junction of Routes 671 and 676; .7 miles west of Whitehall. MAGISTERIAL DISTRICT - Gainesboro TAX MAP & PARCEL NUMBER - Tax Map 22, Parcel 48 LAND USE & ZONING - Agricultural land use and A-2 (Agricultural General) Zoning ADJOINING LAND USE & ZONING - Agricultural land use and.A-2 (Agricultural General) Zoning PROPOSED USE & IMPROVEMENTS - Addition to existing residence. VARIANCE REQUESTED - A 38' front yard variance REASON FOR VARIANCE - House existed prior to the construction of the road. A variance is required in order to proceed with the restoration of the house. As a part of the on -going restoration of this 1787 house, we plan to replace the room which was on the east end of the house. Evidence of the existence of this room is As .follows: a) We have uncovered portions of the old foundation. b) There is a fireplace in the chimney at the end of the house. Colonials did not build exterior fire places. c) The door from the main part of the house is an interior door, not an exterior door. d) There are wood keys installed in the stone wall where the roof, beams were attached to the stone. e) The area of the room is partially outlined on the east end of the house where the interior wall was whitewashed or painted. BACKGROUND INFORMATION - The applicant wishes to construct an addition to the existing residence 6' closer to the right-of-way than the current setback. The existing residence is 48' from the center of Route 671. The addition would decrease this amount to 42'; therefore requiring a 38' front yard variance of the A-2 (Agricultural -General) Zoning District regulations. The A-2 Zone requires that structures be setback 80' from the center of the right-of-way. STAFF COMMENT - A building permit has been issued. The Route 671 right-of-way is less than 50'. 003 6- 5-3 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA Variance Application N .�3 O �7 Submittal Deadline is Application D to / � For the eetX of Fee Paid y 1. The applicant is the (owner) (other) (check one) 2. NAME: o ►� Nc OCCUPANT: (If other than applicant) ADDR SS . NAME: /�` 14► ADDRESS:" _ TELEPHONE: (B2._ i� YJ TELEPHONE: 3. The property is located at (please give exact directions) Zru Ji 2a Lei�S� "� cv�/ PT.b '7 4. The property has a frontage of ��0*�/ feet./)and a depth of )5-60 feet and consists of acres. (Please be exact) 5. The property is owned by , oh �n V IVaye as evideMK�t- on deed from •-r ecorded in deed book no. page , regiAstry of the County of 6. This property is designated as parcel no. ) y on tax map no. 2, 7_in the (1rj¢iN5 f3cpjgZ)_ Magisterial District. , 7. Property Identification Number: Z,Z, ©oo - hod---De9cr�•-Dspa._va•5%g'=G' 8. The existing zoning of the property is: P - -L- . 9. The existing use of the property is: '���'K�� (�'- 1 0. The adjoining properties zoning is: 11. The adjoining properties land use is:o vP� 12. Describe the variance sought in terms of distance and type. (For examolP - 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 - these or development of property immediately adjacent thereto usO E--t>S4EJ> P P)a'V7-t) 0,C Ttfk- i O lc 7A -� ayh i ,v - S = a :''.'� r fx +.'.r"d �'.:+ T".:.t •::a #�' ��� Y A a ij T,r ••c y� ��b, �YN,.�Yiiii .,, i4;Y � � '� ° 'k. SYl1 { " 'w-1.�+."'z, rt• a'; 4 f. `I+� a� tnh'l+j.� �?t � 1. t ':� i k �, -''^ .. ."F SJ,'v.�.s'.•'.E .•`.'*,� / aYu�v,Ar,F.?�4vie+�L�.t�,... .�'><kk�f.6'+"+i'if tL.k.ik.r�L�. _..+n..�r .r.a � ,.. .w.N, w.Y« _ .. , „ .. �.. n .,.s�,... t .,.. ..... __ ... ......,� .,. ,.. f, ..u...,�} w. `i+T. +E'ii: .. As a part of the on -going restoration of this 1787 house, we plan to replace the room which was on the east end of the house. Evidence of the existence of this room is as follows: a. We have uncovered portions of the old foundation. b. There is a fireplace in the chimney at the end of the house. Colonials did not build exterior fire places. c. The door from the main part of the house is an interior door, not an exterior door. d. There are wood keys installed in the stone wall where the roof beams were attached to the stone. e. The area of the room is partially outlined on the east end of the house where the interior wall was whitewashed or painted. C) C3 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 . k-- � �fl I'vC-s Address: P, /��✓�3 re, -i.b o J- Property ID#: O� ZIDta0 --,C> ~ -'a 2. nit, ft-� 2. �g YE Address: �-1. -2- 6I a ') 3 - L✓��vcA� s �- 0`� / V Proper y D# : —oo yr►- t� "L.1 trtsv - a c� '45- 3 Address: S I k y Yr- Property ID# 1. -" -- O 4 D 6 —d Cie-, 6 --- dU q9 � U 4. Address: K E!'E'Z 5 N tc K KE7 511-E /C yBt) Property ID# : .-- c) t, -'Lc)a0-- A00- 5. Address: Propert ID#: 'L -VC)�a - - Ate-- d o n - o o o 0 - oa 6' - 41:p- FAT R. PLA T, S 1CZ"v(�fl Add ess: No�JE 7 Property ID# : 'i,� L15JNW Address Property D#: Flo �►,r��- �1-��RS 8. Gee- 'TOPa -Jdz— Address: n . & ? Property D#: 9 F-M j' J wi-0 4 a's u111- Address: S 91. F'Y? 7 : 6� V Property ID#: Z.-z_ vcj-� - 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 Applic Signature of Owner: ant: otu Date Od Date Z �� 0 For Office Use Only r BOARD OF ZONING APPEALS PUBLIC HEARING ACTION OF (date) J Approval Denial CHAIRMAN: _ - AAMA "---1 442 671 TJ a C. GREEN "i SPRING Old Slone 6 II 739 I 11$180AIIIANONA G Joins Uip 1) /8-1 oo ". 100 1.1 it) I I COHI E. ( 661R . 60'01 Exil 8.1 d VV-Millile GRIMES '/* 661 671 b -4 13dd 4L1 l,,4.V,7HiA DRAI fl.VG CO F Joins Atip 14 I 00:3-135--g t N 4, 598- DMS/ slm 4/7/83 �KSSBPG4�2 THIS DEED OF ASSUMPTION made and dated this 7th day of April, 1983 by and between DIRK GLEYSTEEN and MARGUERITE B. GLEYSTEEN, his wife, parties of the first part, and JOHN V. WIBLE and NANCY M. WIBLE, his wife, parties of the seconc: part. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) and other good and.valuable consideration, the receipt of all of which is hereby acknowledged, the parties of the first part do hereby grant, bargain, sell and convey in fee simple with general warranty of title, unto the parties of the second part, jointly, as tenants by the entirety,+ with common law right of survivorship, it being intended that the part of the one dying should then belong to the other, his or her heirs or assigns, the following described property and appurtenances thereunto belonging: All of that certain tract or parcel of land lying and being situate approximately eight miles North of Winchester and 0.7 miles West of White Hall in Gainesboro Magisterial District, Frederick County, Virginia, con- taining 49.74 acres, more or less, according to plat and survey of Richard U. Goode, dated December 26, 1968 and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 349, Page 330 and 331; and being the same property conveyed to Dirk Gleysteen and Marguerite B. Gleysteen, his wife, by Deed of David E. Jones and Enid Hinkes Jones, his wife, dated January 29, 1979, of record in the aforesaid Clerk's Office in Deed Book 504, at Page 239. Reference is here made to the aforesaid instruments and the attachments and the references therein contained for a further and more particular description of the property hereby conveyed. This conveyance is made subject to all duly recorded and enforceable restrictions, easements and rights of way. l't i I BK558p�4 The parties of the second part join in the execution of this Deed of Assumption for the purpose of assuming and j agreeing to pay the balance due upon the existing Deed of Trust dated January 29, 1979, recorded in the aforesaid Clerk's Office in Deed Book 504, at Page 241 securing THE FEDERAL LAND BANK OF BALTIMORE a Note upon which the principal balance due to THE FEDERAL LAND BANK OF BALTIMORE as of April 1, 1983 is agreed to be Seventy-three Thousand Three Hundred Fifty Dollars and Fourteen Cents ($73,350.14). j Except as noted above, the Grantors covenant that they have a right to convey said property to the Grantees; that they have done no other act to encumber said property; that they will execute such further assurances of said property as may be requisite; that they are seized in fee simple of the property conveyed; and that the Grantees shall have quiet possession of said property free from all encumbrances. WITNESS the following signatures and seals: (SEAL) Dirk Gleysteen ileCti Lc t�c.� �. (SEAL) Mar erite B. Gleyst en l� (SEAL) Jo h- V. Wible (SEAL) Nancy Nkf Wible -2- 7 K��� �h.''`� } ... �'v�'r�`!�'k��i�.�`s. _ .•wr _ _ � _ x.� ... .a .. v��� "4 ' #- rr u� n � STATE OF VLC /}l�Ll� � of ���(,iyi._Cr ��a��1L, to -wit. a Notary Public in and for the State nd aforesaid, do hereby certify that Dirk Gleysteen, whose name is signed to the foregoing Deed of Assumption dated the 7th day of April, 1983 has this day personally appeared before me in my State and ti aforesaid and acknowledged the same. Given under my hand and seal this g /'1. day of April, 1983. My Commission expires �CLc �� q�`S N ary Public (SEAL) STATE OF V01�k, 1 I of �lp'tic� ll�t,L to -wit Ia Notary Public in and for the State and c9t4u aforesaid, do hereby certify that Marguerite B. Gleysteen, whose name is signed to the foregoing Deed of Assumption dated the 7th day of April, 1983, has this day personally appeared before me in my State and aforesaid and acknowledged the same. Given under my hand and seal this day of April, I� 1983., My Commission expires L�a�� 3� aig JOAN C. 111t, Notary Public, statea of of New Yat'fiC No. 31A721178 Qualified in New York Coon t�,�� Notary Public Commission Expires March 30,1`f� I 'RK558`PG465 STATE OF ) i' A ( }t t (X�- 01- ga'e�l �- Of 11 r �.(!! .� Pal= t L� to -wit: a Notary Public in and for the Stateand ( .f V aforesaid, do hereby certify that John V. Wible and Nancy M. Wible, his wife, whose names are signed to the foregoing Deed of Assumption dated the 7th day of April, 1983, have this day personally appeared before me in my State and �.L: aforesaid and acknowledged the same. Given under my hand and seal this It� day of April, 1983. My Commission expires a) / �, , j Notary Public v (SEAL) LRGiNIA FREDRiCK CGU;t1'Y, 8::!'. This in strument of writing was produced to me on fhe• day of 11, 19F3_, at i,�2 ind with certificate of acknowledgment thereto annexed was. admitted to record. Tax imposed by Sec. 58-54.1 of $*tea , and 58-54 have been paid, if assessable. • I Cleila' 4 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 OWISTER(s) RE: The application of John V. and Nancy M. Wible FOR: A 38' front yard variance for an addition to the existing residence at the junction of Routes 671 and 676 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, �� T n T. P. Horne Director JTPH/rsa 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 0 33 --s Y I 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: WIBLE, JOHN V. E NANCY M. SILER RT. BOX 506 WINCHESTER, VA. 22601 HAINES, T. EARL E HAZEL T. P. 0. BOX 2557 WINCHESTER, VA. 22601 FRYE, GARLAND R. JR. E SHARON A. P. 0. BOX 2193 WINCHESTER, VA. DAWSON, WILLIAM L. & MILDRED L. SILER RT. 3OX 504 WINCHESTER, VA. 22601 22601 SHICKLE, LESTER G. 6 JEANETTE V. � INCHESTERt,OVISJ A 22601 SMELSER, SAM 0. L DEBRA RT. 5 BOX 454-J mINCHESTEP, VA. 22501 SIRBAUGH, PATRICIA JANE DAVIS ROUTE 5 4INCHESTER, VA. 22601 MILBURN, SAMUEL A. RT. 5 BOX 459-G wINCHESTER, VA. 22601 NICHOLSON, EARL 4. JR. SILER RT. BOX 513 WINCHESTER, VA. 22601 BLAIR, GEORGE J. E TONYA S. RT. 5 30X 454-F WINCHESTER, VA. 22601 J n . P. Horne, Director Frick County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK I, 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, dated has personally appeared before me and acknowledged th ame in my state and county foresaid. Given under my hand this �'_Sd1— day of� 1985. My commission expires on i NO �RYPUBLAC 623- Y3 -1 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 John V. and Nancy M. Wible FOR: A 38' front yard variance for an addition to the existing residence at the junction of Routes 671 and 676 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, 'rnT, P am/ hn T. P. Horne Director JTPH/rsa 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 633 eY5 -/6 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: Wible, John V. & Nancy M. Siler Route, Box 506 Winchester, Virginia 22601 Haines, T. Earl & Hazel T. P.O. Box 2557 Winchester, Virginia 22601 Frye, Garland R. Jr. & Sharon A. P.O. Box 2193 Winchester, Virginia 22601 Dawson, William L. & Mildred L. Siler Route, Box 504 Winchester, Virginia 22601 Blair, George J. & Tonya S. Route 5, Box 454-F Winchester, Virginia 22601 Shickle, Lester G. & Jeanette V. Siler Route, Box 180 Winchester, Virginia 22601 STATE OF VIRG�NIA COUNTY OF FRE ERI Smelser, Sam D. & Debra Route 5, Box 454-J Winchester, Virginia 22601 Sirbaugh, Patricia Jane Davis Route 5 Winchester, Virginia 22601 Milburn, Samuel A. Route 5, Box 459-G Winchester, Virginia 22601 Nicholson, Earl M. Jr. Siler Route, Box 510 Winchester, Virginia 22601 John T./)P. Horne, Director Frede(ri)k County Dept. of Planning J� a Notary Public in and for the state and y afd'resai&, do hereby certify that John T. P. Horne, Director of the Depart ent of Planning and Development, whose name is signed to the foregoing, datd Z LL �has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this V day o , 1985. My commission expires on'-W t "lJ fiR NOTA Y PUBJ C