HomeMy WebLinkAbout08-85 Kenneth D Pine Jr - Opequon District - BackfileCOUNTY of FREDERICK
Department of Planning and Development
John T.P. Horne - Planning Director
Stephen M. Gyurisin - Deputy Director
703/662-4532
June 3, 1985
Mr. Kenneth D. Pine, Jr.
Route 1, Box 1210
Middletown, Virginia 22645
Dear Mr. Pine:
This letter is to confirm the Frederick County Board of Zoning Appeals' action at
their' meeting of May 21, 1985:
Approval of Variance Application #008-85 of Kenneth D. Pine, Jr. for a 9' side
yard variance for a detached storage building on Route 622. This property is
identified as Parcel #2-B on Tax Map 82 in the Opequon Magisterial District.
If you have any questions regarding this variance, please don't hesitate to call
me.
S rely,
74V
oh T. P. Horne
i ector
JTPH/rsa
9 Court gnuare - P.O. Box 601 - Winchester, Virginia - 22601
ooe-fs )_
VARIANCE #008-85
Kenneth D. Pine, Jr.
LOCATION - Route 622
MAGISTERIAL DISTRICT - Opequon
TAX MAP & PARCEL NUMBER - Tax Map 82, Parcel 2-B
LAND USE & ZONING - Residential and agricultural land use, and A-2 (Agricultural,
General) zoning
PROPOSED USE & IMPROVEMENTS - A detached storage building
VARIANCE - 9' side yard variance
REASON FOR VARIANCE - The applicant states, "The location of the building was
selected in order to preserve as much land as possible (out of the 4.05 acres) for
the purpose of agricultural use by G. L. Long and myself (agreement date in 1973).
The variance is needed in order to provide clearance from my drainfield and also
in order to preserve fruit trees that are planted within this area."
BACKGROUND INFORMATION - The applicant wishes to construct a storage building 6'
from the left side of property line. The A-2 zoning regulations require that
accessory structures be located 15' from the property line.
STAFF COMMENT - An approved building permit is required prior to construction.
OCt k-s -3
/1
APPLICATION FOR VARIANCE Y
IN THE
COUNTY OF FREDERICK, VIRGINIA
(Variance Application No. D29 -8-
Application Date )4 Itf
Fee Paid 5,
Submittal Deadline is
For the Meeting of
1. The applicant is the (owner) / (other) (check one)
2. NAME: I• F,U,,, eTN ,a , P.,,yCz OCCUPANT: ( If other.\ than appl icaftt )
ADDRESS: je+ / /30 A / A) a NAME:
rA _, OD iF To L,,j N 0q , 2�2_5ys ADDRESS: _
TELEPHONE : S 6 y_ y y e TELEPHONE:
3. The property is located at (please give exact directions)
4. The property has a frontage of 3 Y/,c7l feet and a depth of 573.05
feet and consists of acres. (Please be exact)
i'rFwwtTH * D.
5. The property is owned by eHis-tl"' - f9, y>.w a as evidenced by
deed from A. A4.,y recorded in deed book no. 4107
on page -5-o y , registry o'- f the County of-�,c�,� .
6. This property is design ed as parcel no. Z - i�j
P P Y 9 � on tax map no.
�in the CM00 Magisterial District.
7. Property Identification Number:82-000 - - cem--Oco -iZ,
8. The existing zoning of the property is: A-Z.
9. The existing use of the property is:
10. The adjoining properties zoning is: A-Z-
11. The adjoining properties land use is:
12. Describe the variance sought in terms of distance and type. (For
examAle _ 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
- the use or development of property immediately adjacent thereto
-4 0 . s _ -t. _ _A -10 _ %- - Okn . I % a.. n I N 4-
dota0 A...:' / 9 2 !? ' --2Z• — et--�' ,
e..; d•�-c9 �-� i2 V X,�-- ems- °
Page Two
Variance
14. The following are all of the individuals, firms, (:r 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.
H AR-0 Rot"F%
Address:
kt 1 i�� lac
m�UDl� T�u:rJ 1.�ry.
Property ID#:
o - oo - O O®o
- o o) - a D 'P 51-
2.
n QE/✓ Z. <, o n
� 5
Address: _
✓�+ f x ! a s m "ob%- Ta .v„ da .
Property ID#:
DD- Dv - 0 - ODDD DODC9 - O
3.
L. 1 r► �/ E12.
Address:
+ I
Property ID#
4.
nA
Address:
�1-1/
Property ID#
Address: -
6 - -00d -
5.
.Property ID# :
o — dA9
- -
6. it9)n,A P � a
1 �C71len shcll) Ral,rro
%/i S}I�11) ��+ ''7'1&s
Address:
l ) -i-/1', O
3
Property ID#:
g D
- d,0-
7.
Address:
Property ID#:
8.
Address:
Property ID#:
9.
Address:
Property ID#:
10.
Address:
Property ID#:
15. Additional comments, if any
I (.tea), 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 /1pi—
For Office Use Only C-
BOARD OF ZONING APPEALS PUBLIC HEARING ACTION OF (date) `1 ,.Z% S
DApproval Denial CHAIRMAN:
Page ,Three
Variance
Please use this page for your sketch of the property. Show proposed
and/or existing structures on property, including measurements to all
property lines. Please include any other exhibits, drawings or photo-
graphs with this application.
EXAMPLE
Adjoining Property
YOUR PROPERTY
Adjoinin Property
0
2
v
i
(b
T
K
N
�Addi i—�- 0
o
Pro ert Line l -1 IP
-'-------------------
Center of
Rood
RoadSHOW
THESE
MEASUREMENTS
qv arP
�F7a +
�9
Feet
c
4
a w
w K
N 57H
4-13-73
ocsk-�-S- ('0
TEIIS DEED made and dated this f`` day of�<1
L�. 1973,
by and between GAR LEN L. LONG and LENA LONG, his wife, parties of the
i
first part, hereinafter called the Grantors, and KENNETH D. PINE, JR. and
CHRISTINE A. PINE, his wife, parties of the second part, hereinafter called
the Grantees.
W ITNESSETH: That for and In consideration of the sure of Ten
Dollars ($10.00), cash in hand paid, and other good and valuable
consideration, the receipt of which is hereby acknowledged, the Grantors
hereby grant and convey with general warranty of title unto the Grantees, ;.T1
fee simple, jointly as tenants by the entirety with right of survivorship as a,
common law, it being intended that the part of the one first dying should then
belong to the other, his or her heirs or assigns, all of that certain lot or
parcel of land, together with the improvements thereon and the appurtenances
thereunto belonging: lying and being situate In Opequon Magisterial Distr
Frederick County, Virginia, on the Western side of Virginia Secondary
Highway No. 622, containing 4.05 acres, and more particularly described
by plat and survey of Lee A. Ebert, C. L. S. , dated March 15, 1973, attached
hereto and made a part hereof, and being a portion of the land conveyed to
Garlen L. Long by deed dated January 8, 1947, from Newton D. Long, et ux,
and recorded in the Clerk's Office of the Circuit Court of Frederick County.
Virginia, in Deed Book 198 at Page 542. Reference is made to the aforesai j.
plat and deed for a more particular description -,f Phe property hereby
conveyed.
E
This conveyance is made subject to all easements, rights of way
s
1
of the said property, free from all liens and encumbrances; and they will
grant such further assurances of title as may be requisite.
WITNESS the following signatures and seals:
(SEAL.)
GARLEN G
(SEAT.)
STATE OF VIRGINIA
t -- OF .� �.� To -wit:
a Notary Public in and
for the State and aforesaid, do hereby certify that GAR LEN
L. I-ONG and LENA LONG, his wife, whose names are signed to the
foregoing Deed, bearing date of �_, 1973, have personally
appeared before me and acknowledged the same in my State and
aforesaid.
Given under my hand this day of �-�c.� 1073.
My Commission expires
ra
1
XZX AND BIITLSB
MOUNNT6 AT LAM
-cnmsTza. VA. 22601
:U-h 'AMEROM {TREET
I
THIS AGREEMENT made and dated this : ?(��day of�r
1973, by and between GARLEN L. LONG and LENA LONG, his wife, parties
of the first part, and KENNETH D. PINE, JR, and CHR ISTINE A. PINE, his
wife, parties of the secona part.
WHEREAS, it is the intention of the parties of the second part to
fence approximately one (1) acre of the 4. 05 acres this day conveyed by the
{
parties of the first part to the parties of the second part; and
WHEREAS, it is the desire of the parties hereto that the parties of
the first part should have the right to use the remainder of said land for
agricultural purposes and as pasture land; and
WHEREAS, it is contemplated by the parties of the first part to
erect structures on said land.
NOW, THEREFORE WITNESSETH: That for and in consideration
of the sum of Ten Dollars ($10. 00), cash in hand paid and other good and
valuable consideration, the receipt of which is hereby acknowledged, the
parties hereto do agree as follows:
(1) The parties of the second part hereby agree that the parties
of the first part may use the land remaining after a portion of the land is
fenced, for agricultural purposes, pasture land and for structures which may
be erected to carry out these purposes.
i
2. The parties of the second part agree that for and in considerat o!1.
of the use of said land as hereinbefore stated, that upon the death of the
parties of the first part any and all structures of whatsoever nature erected
on said land shall become the property of the parties of the second part.
WITNESS the following signatures and seals:
r '
(SEAL) ',
F ✓
CAR LEN L. LONG
. �•-- (SEAL)
KENNETH D. -TINE, .
. ,e:i (SEAL)
CHRISTINE A. PIN
l
STATE OF VIRGINIA
OF - ;!�< < t c (� , To -wit:
I, c l a Notary Public in and for the
State and aforesaid, do hereby certify that GAR LEN L.
i
LONG and LENA LONG, his wife, and KENNETH D. PINE, JR. and
CHRISTINE A. PINE, his wife, whose names are signed to the foregoing
Agreement, bearing date of _�„ l' 1973, have personally
appeared before me and acknowledged the same in my State and
aforesaid. j
Given under my hand this - 'r " day of C 1973.
Mir Commission expires �i' -c ,< <- � � TL1J
No fit,
0o / G
COUNTY of FREDERICK
Department of Planning and Development
John T.P. Horne - Planning Director
Stephen M. Gyurisin - Deputy Director
703/662=4532
May 7, 1985
TO: THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s)
RE: The application of Kenneth D. Pine, Jr.
FOR: A 9' 'side yard variance for a detached storage building on Route 622.
This variance request will be considered by the Frederick County Board of Zoning
Appeals at their meeting of May 21, 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,
J h T. P. Horne
Dt ector
JTPH/rsa
9 Court Square - IP.O. Box 601 - Winchester, Virginia - 22601
008- -Y r !/
T)iis is to certify the the attached correspondence was mailed to the following on
May 7, 1985 from the Department of Planning and Development, Frederick County,
Virginia:
PIiYE, KENNETh D. j .
E CHRISTINA A.
RT. 1 BOX 109
MIDGLETO,,N, V^.
RAMEY, RICHARD ALLEN
E CHERYL D.
RT. 1 6OX 116
MIDDLETOwN, VA*
LUNG, GARLEN L.
ROUTE 1 oCX 12L5
MIUOLcTGwN, VA.
MORELANDI DIANE E.
RT. 1 bOX 1212
MIDDLETOWN, VA.
'4 _
NICHOLLS, LJUT_SE C.
1506 19TH. STREET N.N.
*ASHIN6TON, D.C.
2 2 5 4 5-
7 54 S
20036
URIpp X 4- LLcSSHU1i9'NI"TNNE
LL
T/A SHULL PROPLRTTES
22645 1519 E. FAIRMOUNT AVE.
BALTiMORE, MD. 21231
MILLER ROBERT L. C MAE V.
RT. 1 h X 120D
MIOULETOwN, 4A.
�7515
John/T. P. Horne, Director
F e erick County Dept. of Planning
STATE OF VIRGINIA
COUNTY OF FREDERICK
ti.1 q, � I, giL
, a Notary Public in and for the state and
count 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 i 1 C j71� has personally appeared before me and
acknowledged the same in my state and county foresaid.
Given under my hand this day of4q, 1985.
My commission expires on dmzL --5t (-> , p
qjL
NOT RY PUBLIC