HomeMy WebLinkAbout04-85 Alfred P & Stephany M Gregory - BackfileOC-(4 i
COUNTY of FREDERICK
Department of Planning and Development
John T.P. Horne - Planning Director
Stephen M. Gyurisin - Deputy Director
703/662-4532
March 22, 1985
Alfred P. and Stephany M. Gregory
Route 1, Box 232
Clearbrook, Virginia 22624
Dear Mr. and Mrs. Gregory:
This,letter is to confirm the Frederick County Board of Zoning
Appeals' action at their meeting of March 19, 1985.
Approval of Variance Application #00.4-85 of Alfred P. and
Stephany M. Gregory for a 10' yard variance for a detached
pole barn. This property, designated as Parcel 29 on Tax Map
32, is located at the intersection of Routes 661 and 672 in
the Stonewall Magisterial District.
If you have any questions, please do not hesitate to contact
this office.
Sincerely,
J hn T. P. Horne
irector
JTPH/dkg
9 Court Square - P.O. Box 601 - Winchester, Virsinia - 22601
001145-A
VARIANCE #004-85
Alfred P. and Stephany M. Gregory
LOCATION - Approximately .2 miles southwest of the intersection of Routes 661
(Welltown Pike) and 672 at Welltown United Methodist Church. Southside of Route
672 and west side of Route 661.
MAGISTERIAL DISTRICT - Stonewall
TAX MAP & PARCEL NUMBER - Tax Map 32, Parcel 29
LAND USE & ZONING - Residential Land Use and .A-2 (Agricultural General) Zoning.
ADJOINING LAND USE & ZONING - Agricultural Land Use and A-2 (Agricultural General)
Zoning.
PROPOSED USE & IMPROVEMENTS - A detached pole barn.
VARIANCE REQUESTED - A 10' yard variance
REASON FOR VARIANCE - Due to the location of the drainfield, well, and driveway,
this is the only location on the property large enough to place a pole barn.
BACKGROUND INFORMATION - The applicant is seeking a 10' yard variance to place a
pole barn 5' from the rear property line. The A-2 (Agricultural General) Zoning
District requires that structures such as this be located 15' from the property
line.
STAFF COMMENT - An approved building permit is required prior to construction.
004- Y5-3
APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
Variance Application NO.EiI/T e Y Submittal Deadline is
Application 7Dt o - For the M t'ng_of
Fee Paid
1. The applicant is the (owner) (other) (check one)
2. NAME: AIF� T• %S&GC M• fGnOryOCCUPANT: ( If other than applicant)
ADDRESS: i�c.,�'� /NAME:
clao.roo1G, .�. �a,6�H ADDRESS: _
TELEPHONE: Cn"7 4w2- 1-763 TELEPHONE:
3. The property is located at (please give exact directions)
u.eQro �(,
4. The property has a frontage of ,�,n feet and a depth of
feet and consists of /•a7e acres. (Please be exact)
C 1• oc7 o.e- + «G• /
5. The property is owned by A. G ,4 evidenced by
deed fromZa,:y;e L.S�,ro,Awc ci CL G'I recorded i deed 10
k no. qy<g
on page -- ``gg , regiistr of the County of 1',r �,,r;ck .
CL�l� P[ �foYY� �N1• i� -*.,.yArGE. Yemraced to `�•�, �S% ���g /00
6. This property is designated as parcel no. �on tax map no.
�in the Magisterial District.
7. Property Identification Number:j��7�f���UL(GY�-- 0OZ17D
,( 8. The existing zoning of the property is: A z,�y�L7z�L
1� 9. The existing use of the property is:�L�%/-�
x 10. The adjoining properties zoning
1< 11. The adjoining properties land use is: A�11',Uli%U�
12. Describe the variance sought in terms of distance and type. (For
example.- � 3' rear yard variance for an attached.,two c/rage . )
X 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
t use or development of property immediately adjacent thereto
/ i I
0
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.
Address:
Property
ID#:
2.
Address:
Property
ID#:
3.
Address:
Property
ID#
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 any Yfur oYY w '
U
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: _ �,,^.�Date
Signature of Owner: Date - .,�+,6�
For Office Use Only
BOARD OF ZONING APPEALS PUBLIC HEARING ACTION OF (date)
/ Approval Denial CHAIRMAN: _
HARRISON 6 JOHNSTON
ATTORNEYS AT LAW
WINCHESTER. VIRGINIA
THIS DEED, made this day of / ' % 1983, between
William A. .Johnston, Trustee, of the one part, hereinafter called the Grantor,
and Alfred P. Gregory and Stephany M. Gregory, his wife, of the other part,
hereinafter called the Grantees.
WITNESSETH: That for and in consideration of the sun of Ten Dollars
($10.00), cash in hand paid and other valuable consideration, receipt whereof
is hereby acknowledged, the Grantor does grant and convey, with Special
Warranty of Title, Lento the Grantees, as tenants by the entirety, in fee
simple, with survivorship as at commn law, together with all rights, rights
of way, privileges and appurtenances thereto belonging, all of that certain
tract of land, containing .269 Acre, more or less, fronting on the South side
of Route 672 in Stonewall Magisterial District of Frederick County, Virginia,
more particularly described, together with the other property of the Grantees,
by plat and survey of Lee A. Ebert, C.L.S., attached hereto and by this
reference made a part hereof; and being a portion of the Western portion of
the property described as Parcel B in the deed to the Grantor herein by Teets
Brothers, Inc. recorded in the Clerk's Office of the Circuit Court of Frederic
County, Virginia in Deed Book , as Instrument No.
This conveyance is made subject to all legally enforceable restrictive
covenants and easements of record affecting the aforesaid realty.
The property conveyed hereby shall become a part of and merge into the
other property of the Grantees and shall henceforth be one lot of land as
more particularly described by the attached plat. The Grantees join in this
instrument for the purpose of acknowledging same.
WITNESS the following signatures and seals:
William A. Johnston, Z ustee `
.r =. `00-� .
(SEAL)
Steph4ny,M. egory
HARRISON 6 JOHNSTON
ATTORNEYS AT LAW
WINCHESTER. VIRGINIA
66y45--eo
STATE OF VIRGINIA, ,I f /. °la
OF , To -wit:
' a Notary Public of and for the
State and--_---- aforesaid, do certify that William A. Johnston, Trustee,
whose name is signed to the foregoing writing, bearing date on the d'�`'
day 1983, has aelmowledged the same before me in my
State and _ aforesaid.
day of %i i 1983.
Given Linder my hand this �` Y _
lly commission expires
rotary Pu LLC
STATE OF VIRGINIA, .111
OF , To -wit:
a Notary Public of and for the
State and------ aforesaid, do certify that Alfred P. Gregory and Stephan
M. Gregory, his wife, whose names are signed to the foregoing writing,
bearing date on the rday of 1983, 1-lave acknowledg
the same before me in my State and -_
aforesaid.
Given under my hand this ;yday of /it +,-, t 1983.
My commission expires
Notary ic"
- 2 -
0OY -es- 7
i
,J
9vrr 455 i 84
THIS DLD, r-ade and dated this ��day of February,, 1976, by and between
Bessie L. StrcwbridZ;e, beini; one and the sane person as Bessie V. StrowbridZe,
wider++, by ,'acob B. Strcubri dgc, her Attorney in fact, Grantor, party of the
#519
BESSI1 L S`I'ROWBRIDGE, -ET AL
TO: .. .. -,DEED
a ALFRED P. GREGORY, ET UX.
first part; and Alfred ?. GreGory and StephaxW I.% Gregory, husband and wipe,
Grantees, Mies of the second part.
1.'IV SWTfi: :'hat for and in consideration of the su:a of '!hn Dollars
i
($10.00), cash in hand paid, and other good and valuable consideration, the re-
ceipt of all of which is hereby ac!mowledged, the said Grantor does hereby sell,
grant and convey, with General 1-::.rran:.y of title unto Eared P. Gret;orf and
Stephary M. Gregory, his wife, jointlly, as tenants by the antirctics, with
co::non law rift of sirvivorship, it being intended that the part of the one
dyin; should then belong to the other, his or her assigns or heirs, all of that'.
certain lot or parcel of land with the inprover:ents thereon, lying and being
situate on the southerly side of Virginia Secc-,dary F—Ighway Routo No. 672, also
known as the 1:ellt.own Pike in Stonewall .: gisLerial District, Frederic; County,
Virginia, pore narticular3,y described by plat and survey of J. R. I;.icoly, C.L.S.
dated February 5, 1976, revised February 12, 1976, as follows:
"EF,GL� D.T(j at a nail and cap in the centerline of Geute 672,
a 30' wide prescriptive casement, anpraYi^ately 900 feet west of
the intersection of :;t. 672 and nt. 661 (;:elltewn P =e); thence,
leaving n t. 672 and with three courses of the Teets 1,.:,.nd, S 110
41' 50" F, ;,ass:ng rl post `:cle in ca.crete at 15 feet .:nd ccntiru-
ing on the a- .e course, 20L.20 feet, for a totuil distance of 219.20
Peet, to a Post; thence, Y 700 3r' 19" W, 197.87 foot, to a nail in
a s -`; thence IN So 36' 5111 S, 220.56 feet, to a nail and can ;n
the - f ereae_nt�� oned centerline of Ht. 672; 'thence, with the center -
li^.e, S 700 30' 00" F, 205.99 feet, to the be„ijiing, containing
1 .00 acres; be?n;; the sa.^no '_and described in Deed Book 185, p:,�;e 98.
.he m—'rvey plat of the said J. Z. Nicely, C.L S ., is attached hereto
and L— this reference rr:..•de a pzz t hereof. This is the s.,.ry real es-
tate .:^' ch was ccnveyed to : c=cti: L. S`� putrid• dated ;aril
� � ^ �c by :,cod cat .,.
8, 19u.., _ron __ ^.e :L*:c_n- c _ __ey, et via, of record in `.I:e rlcrP.
k'
~ ce Of the C r cult Court OP . e cr {__^I ro'.:.'1 tj , in. Deed
.Zoo.,185, at pale 98, Z--nd which. e said Ker_icih Strc:;brid c ce•r_sed
to is r:o'.her I•es ie � rewbrid�e by ;�11 of rrcbr_.c :lnd record in
._
the rfcres:_id Clerk's Office in ,.i'_1 loo : G7, z_t _,a;,e 273. :cference
t.e the a ores V111 and :cod _s }:ere` . _:de for a rare ar:._calar
descrint_on of ,the real ec:._te here cc ., ed.
-ti,i s cc vet :.nee IS r:-de s,ib ;ect to all c'•aly reccrded c:nd enforce:,bie re-
striC ricr_s, a 5^ "^ zz4 ribh:s of way t creto, if any, e.^foctinC thin lot of
la_:d .
r:bject t.o Uhe fore,;dr:g paragraph, the said Gn,ntor hereby covenants that
she has a good right to convey said roil estate to said Grantees, that sho has
done no act to encur:ber said land; that it is free _^ion all liens a_nd encur.. -
flirthor assurances of title as -.-ay be re-
brances; that she will execute such
ou:.site; and that said Grantees shall have quiet possession of said land -
""he Power of Attorn�,* dated L�ece-ber 15, 1972, of record in the Clerk's
Office of the Circuit Caurt of Frodorick County, Virjinia, filed for rocorda-
Lion, irmediatoly procoodin;; this LristnL.rint, as 1976 Snstrunont No. ,
Bessie L. Strowbridge constituted and an pointed Jacob E. Strow'bridje her At-
to:T►ey in fact for the Varpose of selling and conveying any reel estate ouned
by her, zznon;; other pu--poses. Reference to said Pa er of Attorney is hereby ;
expressly m"do for the recitations therein contained.
• w�.;.'r.,S the following si„'-nature and seal hereunto affixed upon the date ;
first above written:
BE.}iI L. 5 -IR CL-PNIMGE
By J
,;acob E. ;,trc;&-. idgo, ;,t rney `;4ct or
Bessie L. Strawbridgo 'v'� �'•�
STD.-jr, OF GZ'GI? 1
COU;.7Y cr. R=ZRICK, to -wit:
� a :btory public in and for the
jurisdiction aforesaid, do hereby cortL!y that Jacob E. strowbridge, Attorney
in fact for Bessie L. Strowbridgc, has porsonally appeared before me and ac -
1mowledged the sane before me in ry "arisdiction aforesaide
given u_hdor ry hand t�isc��.day of February, 1976.
co,:.ni.ssion expires: r�
I
;o
g:. 155 bG
?C:E�.
Z `3 p
_n
C
(V
A�--
C
3z i9,. sY �osT
�//ys/SAG _SUAVE
�(�Eit/NET.'>✓ G . �S' T.� Os ✓BR/OGE' ESTATE _ _up
FiC?L�l��'iE?/C•C COUit/1�'y ✓/i��G/�//fj� ti ,�. i . i' , _r
O
_3'C.QG E- / •"= SO • F�.S�dq-eYS /� �G CJ L� ' ::.,;, �
/.� 76, / M.4.OE .q.v AG"CC/G A>� SC/�E�✓�-.'�' Off' e ti �� , �'
r//6' F�.eo�E.er� ._s",�/o�✓.+.�-vE.PEo.v A•vv ..I ! �• � .
Ti.'E �.�fl�__s="C.qG /M.r?-eC✓E'er-sE. �.vTs .��.E�G- -. _._�
GOC.gT6� �S S//v�✓�
r.�IE.e6" �9.E'E �t/o 6-,,/c.eo�gCf/MEN fS o� ✓ �. /t/iCEG Y
Y/S'iB4 � �ASB=-�JG'�r� �.�'G�.ps•AS ..S.yvy✓�✓ �� �Ti/= /6�v
� o.vc•,Q � ��G 6-F•S.So vE F-•C' o M -E� r. c 7 z, G �.v v
G.tc_'o ��/.v 6 TC� TS • G.q.✓O. �SU.'C''YE"✓c7�o
i+�.S�TE-ie �..._s e��✓c .C� .s-.?ulrs 3vG"t c E • --J ��c li C
,/ .P ia/iC�G ✓, CGS /O � Z
ViR-U,7 A F,FD-7IC{ CJ',':7rY, .,-r.
TEs instrument c! wx,&,�ng vas produced to me on the
c day of �1 \. , , c•. 19._�_- at �o,; A �n
,'moo ne:.t il:aielo anne:aa was
and with c�rtsiicn!v of �•••- y .
ad�tle3 to recc.:d. Tax un��-e3 by
$ 4 - (:)J , and 5:r54 have been paid, if a.se s,o:
i
m
io a
N ^' 1
o � N �
Z F- m
Q 'o
J W
Ir
Q i
N
W 4D
, 2 to
F.- Ch
o_ca
IRON
PIN
CNoan
ARC 50.02' 1 �
a
I
1
MpG,g3 2 '
�20 I
so ' o
O / c\j
i W �
1.275 ACRES
Ocni
�.
O
' c
S 16' 5 6' 3 W-ii_
20. 19' i
D. 8. 4 P. 8 4
10,253 SO. FT. TRACT
S 18" 37'2 7" W
S 65" 09'04" E _ Z
z
0
194.04'
IRON PIN i
0
OTHER LAND
1 14. 5 1 6 ACRE TRACT
N 18' 37' 27" E
M4RTH4 T. JOHNSON
D.B. 556 P 863
�i� �..Li dd
� `r
4 A.
1.1' A. E;F.RT'.'
(fit tfICA1 L P1ra. >
Ab
� a♦
t Arm et1`
OIL -SPIKE
(FOUND)
io
M Q
C
ga(4--F'S11
T}1e .ccomranying '.'lat is a cC) !IPOSITE SURVEY of the Lend conveyed to
Alfred I. Gregory and Stephany M. Gregory by Deed dated 20 February 1n7r
in Deed Book 455 Page 84 AND TWO SMALL PARCELS (Containing 0.2.69 Acres)
of Marcel "B" of the Land conveyed to William A. Johnson, Trustee by
Deed dated 1 February 1983 in Deed Book 556 Page 668. The said Improved
Land fronts the Center Lines and the Southern Boundary Line of Virginia
Route 672, just west of its intersection with Virginia Route 661, and
Iip!! jr-, tonewall District, Frederick County, Virginias
Beginning at a point in the Center Line (Arc Line) of Route 672,
running with the Four Following Road Lines - with the Arc Line 50.02 ft.
(Chord S 650 02, 44" E - 50.02 ft. - R. 13,572.16 ft.); thence S 650 09•
04" E - 156.03 ft.; thence S 160 56, 36" W - 20.19 ft. to an iron t)in;
thence S 650 09- 04" E - 55.53 ft. to an iron pin corner to the Retained
114.516 Acre Tract; thence with the three following Lines of the said
Land S 18° 37' 27" W - 194.04 ft. to an iron pin; thence N 690 37' 12" W
- 49.40 ft. to an old wooden post, and continuing N 69° 37- 12" W -
245.26 ft., In All, to an iron pin; thence p,ti,TN V
N 140 51. 37" E - 215.35 ft. to an iron pin in
the Old stone fence; and continuing N 14° 51. 37" E
�J it
�7'i of 1CA' t_ t'4+.
235.67 ft., In All, to the beginning.
- - 1.275 Acresa�i�
Containing
Surveyed - - - March 3, 1983
T11i instrument of writilig vi'as produce : to me o
_ day of 19_ gy� , at '� � n'1
and with certificate of acknowledgment thereto annaced ,nr-Is
admitted to record. Tax imposed by Sac. 58-A.1 of
$, " V� and 53-54 have been paid, if a 3se ;sable,
CIPTIt
I f I
WITNESS the following signatures and seals.
f ��I �'�'�� .•�� (SEAL)
;.I rod P. „ror
(SEAL)
(SEAL)
(SEAL)
STATE OF VIRGINIA, )
CITY OF ) TO WIT:
COUN-rYOF
I' �l� 4.1 er' ��e -,:be'_1 , a Notary Public for the EiLy:f� county aforesaid in
the Stale of Virginia, do certify that :1_reJ i . Gre,;cry ::rid a.,epha.-W ::. ireCeri , whose
names :ire signed to writing above, bearing date on the 20:Zh day of "bbruaz-f ,
19 16, have acknowledged the same before me in my Co=,; and State aforesaid.
Given under my hand and official seal this 20th day of February 19 76 .
My commission expires on the 16th da; of I;ovenber , 1977 .
•. t
otary Public.
• 1s; "Nv. rraDErJCK COUNTY. SCT.
Th., 'n:trumcnt of wriGnj: war, lxylu.^J to mw on the 7 �` dry of
and . r.n c: r:::,.: of cc•r.owlc-ltment thorslo annexed was admitted
/.�-0-6't� ♦ v"' �VW'A �✓`L�� Clerk.
a
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 Alfred P. and Stephany M. Gregory
FOR: A 10' yard variance for a detached pole barn at the intersection of Routes
661 and 672
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,
Jo n 7 . P . Horne
Dinector
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
01
February 5, 1985 from the Department of Planning and Development, Frederick
County, Virginia:
GREGORY, ALFREJ P.
E, STEPHANY M.
RT. 1 BOX 232
CLEARBROOK, VA.
22624
LOGAN, MARTHA T. E TERRY L.
RT. 1 BOX 231
CLEARBR00K, VA.
22624
RUSSELL, 0. K. E SONS, INC.
RT. 1 BOX 228
CLEARBROOK, VA.
22624
J
STATE OF VIRGINIA
COUNTY OF FREDERICK
CLINE, HENRY M. & GERALDINE F.
BOX 282
CLEARBROOK, VA.
22624
TEETS, G. GROVER JR. E LUCY 3-
RT. 1 BOX 230
CLEARBROOK, VA.
22624
J'. P. Horne, Director
rick County Dept. of Planning
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 S, has personally appeared before me and
acknowledged the same in my state and county foresaid.
Given under my hand this day of j , 1985.
My commission expires on ),r f%
J )
NO ARY PU LIC
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 Alfred P. and Stephany M. Gregory
FOR: A 10' yard variance for a detached pole barn at the intersection of Routes
661 and 672
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
meeting.
Sincerely,
9)T P-1�
ohn T. P. Horne
Director
JTPH/rsa
9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601
a
() 0 (-E --95= l�,
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:
Gregory, Alfred P. & Stephany M.
Route 1, Box 232
Clearbrook, Virginia 22624
Logan, Martha T. & Terry L.
Route 1, Box 231
Clearbrook, Virginia 22624
Russell, D. K. & Sons, Inc.
Route 1, Box 228
Clearbrook., Virginia 22624
Cline, Henry M. & Geraldine F.
Box 282
Clearbrook, Virginia 22624
Teets, G. Grover Jr. & Lucy B.
Route 1, Box 230
Clearbrook, Virginia 22624
John. Horne, Director
Frederick County Dept. of Planning
STATE OF VIRGINIA
COUNTY YF FREDE ICK
- 1-- ��,f� a Notary Public in and for the state and
county)afores d, do hereby certify that John T. P. Horne, Director of the
Department of Planning and Development, whose name is signed to the foregoing,
1�
datedv ,fv� COS , has personally appeared before me and
acknowle ged the same in my state and county foresaid.
Given under my hand this day of / 1985.
My commission expires oniii�1_� �. l 9
N� RY PUBVC
January 25, 1985
Frederick County Zoning Commission
County of Frederick
Court Square
Winchester, Virginia 22601
Zoning Commission Members:
On behalf of D*K* Russell & Sons, Inc.,.'owners of the property
adjacent to Alfred P. and Stephany M. Gregory, D*K«,Russell & Sons, Inc.,
have no objection to the 10' variance application presented to your
Commission by the Gregory's. It is our understanding that the intent
of the Gregory's is to construct a stable/pole barn.
Thank you for your attention and consideration. Subject property
owned by the Gregory's is located at Route l,.Box 232,. Clear Brook, Va.,
22624.
Sincerely,
D*K« Russell & Sons, Inc*
January 25; 1985
Date