HomeMy WebLinkAbout10-85 Clifford J & Cathy D Owens - Opequon - 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
Clifford J. and Cathy D. Owens
5035 Amelia Avenue
Stephens City, Virginia 22655
Dear Mr. and Mrs. Owens:
This letter is to confirm the Frederick County Board.of Zoning Appeals' action at
their meeting of May 21, 1985:
Approval of Variance Application #010-85 of Clifford J. and Cathy D. Owens for a
5' front yard variance for an attached two -car garage at the corner of
Fredericktowne Drive and Amelia Avenue. This property is identified as Parcel
#42 on Tax Map 74B in the Opequon Magisterial District.
If you have any questions regarding this variance, please don't hesitate to call
me.
Sincerely,
9ec
T. P. Horne
tor
JTPH/rsa
9 Court Saunre - P.O. Box 601 - Winchester. Virginia - 22601
Y3 zti -oit�-�s�
VARIANCE #010-85
Clifford J. & Cathy D. Owens
LOCATION - Corner of Fredericktowne Drive and Amelia Avenue
MAGISTERIAL DISTRICT - Opequon
TAX MAP & PARCEL NUMBER - Tax Map 74B, Parcel 42
LAND USE & ZONING - Residential land use, and RP (Residential Performance) zoning
PROPOSED USE & IMPROVEMENTS - An attached two -car garage
VARIANCE - 5' front yard variance
REASON FOR VARIANCE - The applicant states that because of corner lot and layout
of the house, the garage cannot be built on the other end of house where bedrooms
are located.
BACKGROUND INFORMATION - The applicant wishes to construct a 24' x 24' addition to
the existing house that would extend into the front setback area of this corner
lot. The RP zoning regulations require a setback of 35' along the road
right-of-way.
STAFF COMMENT - An approved building permit is needed prior to construction.
Oto
APPLICATION FOR VARIANCE a
IN THE
COUNTY OF FREDERICK, VIRGINIA
Variance Application NoSubmittal Deadline is
Applicatign_Date For the Meeting of
Fee Paid !� `Tr,oJ
1. The applicant is the (owner) ,/ (other) (check one)
2. NAME. �� afy� � J,,,,�,SOCCUPANT: (If other. than applicant)
ADD RomNAME:
ADDRESS:
TELEPHONE: G� 5-/gyp TELEPHONE:
3. The property// is located at (please give exact directions)
Ca.P,ve.P
4. The property has a frontage of feet and a depth of /�
feet and consists of/�acres. (Please be exact)
5. The property is owned by Llzvfo'e� ,T-� �, o�,as evidenced by
deed from _ recordedi*' book no. 41S
on page_, 'gist y of the County of
6. This property is designated as parcel no. 4/,?- on tax map no.
-in the Magisterial District.
7.
8.
9.
10.
Property Identification Number: �`/,6P D r2o
The existing zoning of the property is: L 3
The existing use of the property is:
The adjoining properties zoning is:
1 1 . The adjoining properties land use is:
12. Describe the variance sought in terms of distance and type. (For
example - A 3' rear yard variance for an attached two car garage.)
J %4U-✓ 7 YAi?��L�I_.v c F_ _ FU,P ..��✓ � 7y� c-.�c � T �� �'AiP c s /1.4 s --e
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
- th fuse or development of property immediately adjacent thereto
/. Z0%
Pace 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:
9(/
15-6
5-7
5-Y
7s'
Kl
IkNFA7U1 l
1 .v�
air S�uU
Address:
57ze; fir U�
3 ;/ Ow�z
Property
ID#:
OO 00 3 ocv J
2 .
Address:
'
S R
Property
ID#:
3�".ri �v Sr1:c�
Address:
Property
ID#
4.
Oa
Address:
aa� G.Q��.P;�� r-ow..• ,OiP
tc ss
Property
ID#:
o- o v
5�./
!/U,.v,�.l �% G .cSow��
Address:
3oa f,Pe��•Q,-�� yoti„v�, ,p�;� a.
Property
1Address*..'ef';?
ID#:
6.
,Zee /''•!' Sr'c ti a7ab s�
Property
ID#:
O
7 • Jp►'11eS »'► N4d sore
Address:
/
Property
%4/6
I #:
^o -D o
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:
Signature of Owner:
Pat
Date z �s
For Office Use Only
BOARD OF ZONING APPEALS PUBLIC HEARING ACTION OF (date)
Approval Denial CHAIRMAN:
A M E L I A A V E N U E
60' Wide
House Location
Lot 42
Section One
Fredericktowne
Opequon District
Frederick County, Virginia
Scale:l"=30' August 27, 1983
Ritchie Surveys
Stephens City, Virginia
NOTES
I. No Title Report Furnished.
2. The property shown on,this is
not in a HUD Flood Plain Area.
3. A subdivision plat is recorded
in D.8.361, P6.607.
4. Upon inspection of premises
on September 15, 1983, 1 found
Construction to be 100%
A
complete.
I hereby certify that the position of all the
existing improvements on the above described
property has been carefully established by a
Transit -Tape Survey and unless otherwise
shown there are no encroachments.
Revised 9/15/83
Certified Correct to: Clifford J. & Cathy D. Owens
O�
Elliott Ritchie, Jr
LICENSE No 30
13 ig
0 sulky*�Pe)
*************************************
#1902
SARA J. GETTYS,
TO: .. .. DEED
CLIFFORD JAMES OWENS, ET UX
*************************************
e 562PC3S3
D E E D
THIS DEED, made and entered into this llth day of July,
1983, by and between SARA J. GETTYS, unremarried widow of Chester
W. Gettys, Grantor, herein called Grantor, and CLIFFORD JAMES
OWENSand CATHY D. OWENS,husband and wife, Route #2, Box 647,
Winchester, Virginia, 22601, Grantees, herein called Grantees.
WITNESSETH:
That for and in consideration of the sum of TEN DOLLARS
010.00), cash in hand paid to the Grantors, and other good and
valuable consideration, the receipt of which is hereby acknow-
ledged, the Grantor does hereby grant, bargain, sell and convey
with General Warranty and English Covenants of Title unto the
Grantees, as Tenants by the Entireties and not as Tenants in
Common, with the Express Right of Survivorship as at Common Law,
all of that certain parcel of land, together with improvements
thereon, situate in Opequon Magisterial District, Frederick
County, Virginia, known as Lot No. 42•, as shown on the Deed of
Dedication and Delcaration of Plat for "FREDERICRTOWPIE COMPANY,
SECTION I", dated the llth day of March, 1970, of record in the
Office of the Clerk of the Circuit Court of Frederick County in
Deed Book 361, Page 601 and following.
The aforesaid real estate is the identical real estate
which was conveyed to Chester W. Gettys and Sara J. Gettys, husban
and wife, jointly, with common law right of survivorship, by deed
dated the lst day of August, 1974, from Fredericktowne Company, a
Virginia Corporation, recorded in the aforesaid Clerk's Office in
i
Deed Book 434, Page B2. The said Chester 19. Gettys died September
100 1978, thereby vesting fee simple title in and to the aforesaid
Dovou■ C. A*TMu11
..+ _ .t w
ww.w., wwu
•
354
BK562PG35�,
(2) 1
real estate in his wife, the said Sara J. Gettys, the Grantor here
in.
This conveyance is expressly made subject to all duly
recorded and enforceable.easements, restrictions, and rights-of-w y,'
and the restrictions contained in the aforesaid Deed of Dedication
• I
and Declaration of Plat are hereby incorporated by reference in
this instrument as if fully set forth herein.
Reference is hereby made to the aforesaid plat, deeds
and records for a more complete description and further derivation
of title.
WITNESS the following sinnature and seal:
(SEAL)
r1RA J . GETTYS—�j
STATE OF VIRGINIA
COUNTY OF SHENANDOAH, TO -WIT -
The foregoing instrument was acknowledged before me thi
day of July, 1983, by Sara J. Gettys, unremarried widow of
Chester W. Gettys, deceased.
,,,.� otary public
%i,4V6 JsMy ri�onmission Expires:
;.r+;, . �'���r-fir,• }
*;_ .B�V•w j.i:�iiJ.A Fil:�?.:t:�.0 CJ:l�II �, �:;:.
T.,is insl7ument of writi g was produced to me on the
x of , 19-', at JO.
„id rv:ai certificat f ac1: wl<7g:nent thereto annexed was
icl-.ait;ed to record. Tax.imposed by See. 58-34.1 of
and 53-54 have been paid, if assessable,
Ld
V.
COUNTY of FREDERICK
Department of Planning and Development
John T.P. Horne - Planning Director
Stephen M. Gyurisin - Deputy Director
,tctn�
17iR 703/662-4532
May 7, 1985
TO: THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s)
RE: The application of Clifford J. & Cathy D. Owens
FOR: A 5' setback for an attached two -car garage on the corner of Fredericktowne
Drive and Amelia Avenue.
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,
oY)h T . P . Horne
IQXrector
JTPH/rsa
9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601
olO-�S-q
This 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;
OWENS, CLIFFORD JAMES u
CATHY u.
RT. 2 BOX 647
WINCHESTLR, VA.
22601
STUMBO, HOWARD R. E LUCILLE L.
243 FREDERICKTOWNE DRIVE
STEPHENS CITY, VA.
22655
SCHICK, JOHN W. JR.
a CAROLYN L.
RT. 2 BOX F+119
STEPHENS CITY, VA.
22655
KIMBRELL, DONALD L.
6 ESTHER Be
228 FREDERICKTJW;vE DR.
STEPHENS CITY, VA.
22b')5
STATE OF VIRGINIA
COUNTAY OF FREDERIGK)
BOWERS, DONALD E. S?. E DANA M
302 FREDERICKTOWNE DRIVE
STEPHENS CITY, VA.
22655
LEUNG, MOON KWONG 6 6ET HAR
RT. 2 BOX Fw45
STEPHENS CITY, VA.
22�55
HUDSON, JA ME S M .
& PATRICIA M.
19 COUNTRY CLUJ DRIVE
LEESBURS, VA.
22075
6h T. P. Horne, Director
rq6erick 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,
4—
dated—j, has personally appeared before me and
acknowledged the same . my state and county foresaid.
Given under my hand this J&-- day of 4&, 1985.
My commission expires on a&, 0 Qj 7
fee
NOTA Y PUBLIC