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HomeMy WebLinkAbout11-85 Walter E Anderson - Shawnee - BackfileJ6 pal 45;1 co COUNTY of FREDERICK, F Department of Planning and Development John T.P. Horne - Planning Director . Stephen M. Gyurisin - Deputy Director 703/662-45,32 i June 3, 1985 ` I Mr. Walter E. Anderson 909 Maloy Drive Winchester, Virginia 22601 Dear Mr. Anderson: This letter is to confirm the Frederick County Board of Zoning Appeals' action at their meeting of May 21, 1985: Approval of Variance Application #011-85 of Walter E. Anderson for an 8' side yard variance for an attached garage at 909 Maloy Drive in the Shawnee Magisterial District. This property is identified as Parcel,#70A on Tax Map 65A. If you have any questions regarding this variance, please don'.t hesitate to call me. n erely, ( � I J n T. P. Horne irector JTPH/rsa 9 C'rnirt grninre - P.O. Box 601 - Winchester, Virginia - 22601 VARIANCE #011-85 Walter E. Anderson LOCATION - 909 Maloy Drive MAGISTERIAL DISTRICT - Shawnee TAX MAP & PARCEL NUMBER - Tax Map 65 A, Parcel 70 A LAND USE & ZONING - Residential land use, and RP (Residential Performance) zoning PROPOSED USE & IMPROVEMENTS - An attached garage VARIANCE - 8' side yard variance REASON FOR VARIANCE - Applicant wants to build a garage on side because of property shape. BACKGROUND INFORMATION - The applicant wishes to construct an attached garage 2' from the side property line. The RP zoning district regulations require a 10' minimum side yard for such structures. STAFF COMMENT - An approved building permit is required prior to construction. ©1 145 -3 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA Variance Application No., Submittal Deadline is Application Date For the Meet' g of Fee Paid h(45 °% 1. The applicant is the (owner) V (other) (check one) 2. NAME: Waa C AX/d,,Pf! OCCUPANT: (If other than applicant) ADDRESS: C)(,�� NAME: ADDRESS: TELEPHONE: - TELEPHONE: 3. The property is located at (please give exact directions) Id 4 4 4 (1)'e ,D R. . 4. The property has a frontage of _ ) L'),Dfeet and a depth of _sig 0,s feet and consists of (Please be exact) sy fT 5. The property is owned by wa-) ftk E. Agd lei-4-11) as evidenced by deed from q e s�A ii �»,n-ea'Ca recorded in deed book no. S aJ on page 41-7 registry of the County of Fged eA �t Cos- /+0 o -- aqs'- 6000 _ oUv q-- 6,0 70 -A 6. This property is designated as parcel no. %Q A- on tax map no. _in therfl wue� Magisterial District. , r 7. Property Identif ication Number: �/ oo -0,0 6--000 00099 0�-� 0 8. The existing zoning of the property is: R P 9. The existing use of the property is: `` e wU 10. The adjoining properties zoning is: 10 11. The adjoining properties land use is: ��,,5'jQlfZ,�it _ -1 12. Describe the variance sought in terms of distance and type. (For example - S ( rear y d variance for an attached two car garage.) ��, Va R iQ -vie 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 p operty immediately adjacenthereto W/7,Jr 1 6 �u 1 I Q aciJQ0 2 &1Z- C i 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: �• oo (,z. ,od Property ID#: Ig GS 00 003 Od 00 oeosi O 0 6a�� ,7eRg FU A-/Z 2. Address: G � D4 wadPd 3 2 S i Property ID#: G 5' : C,000 60o ` 0 60-- 8 3. � � � Address: Property ID# 6,o,,�- 006d an,24 Oo —�-Q S 4. Address: Property ID#: 3 Q o 0&)3 v0 iO 5. Address: -R. ✓/ Ploe�( Property ID# :�ko 00 QoQ 6 'S013 O g 6. Address: q" - .. Property ID#: 6 9-A-0 ovoo r U Y i( - k R 7. Address: CAA Property ID#: Propertyowo00A0 060 8. Address Property ID#: 063 ���� � )� 60C� 0"e) r ( , C R tAM 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: iDate Signature of Owner: IVs- Date �l " o� 7—�✓� 7-0 K For Office Use Only BOARD OF ZONING APPEALS PUBLIC HEARING ACTION OF (date) I D Approval Denial CHAIRMAN: I j i i I i 1 T6� I �' R'2�►. �6 a r s q F,e�e r 0 fDE y KV VAKIAMM 16� ` AA i F LoT 76a L H o use° 6s- L o T 70 �) 0-7 , c e,,/ t" House 417 **************************************** #1695 SENECA HOMES CO,., ET AL .TO: .. .. DEED & P. RELEASE MLB ::3mb WALTER E . ANDE RS ON 6-19--80**************************************** 43931) iCKBB AND BUTLER ATTOAMATe AT LAW rMCLMMTMt. VA. 22601 11 6OOTM C-9110N •T11[[T J i 417 THIS DEED AND DEED OF PARTIAL RELEASE, made and dated this day -of 1980, by and between SENECA HOMES COMPANY, a Virginia Partn rship, party of the first part, herein- after called the Grantor, and WALTER E. ANDERSON, unmarried, part of the second part, hereinafter called the Grantee, and BENJAMIN M. BUTLER, Trustee, party of the third part, and OLD DOMINION SAVINGS AND LOAN ASSOCIATION, of Winchester, Virginia, party of the fourth part, and JAMES H. ROSS and ELAINE S. ROSS,*his.wife, parties of the fifth part. 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 acknowledc 11 the Grantor does hereby grant and convey with general warranty o title unto the Grantee, in fee simple, absolute, all of that cer ain lot or parcel of land, together with the improvements thereon the appurtenances thereunto belonging, lying and being situate in Shawnee Magisterial District, Frederick County, Virginia, and being more particularly described and designated as Lot 70A, Greenwood Heights Subdivision No. 4, as shown on that certain plat of survey drawn by Thomas A. Shockey, dated May 14, 1979, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 509, at Page 32, et seq., and further being more particularly described by that certain plat and survey of Thomas A. Shockey, dated May 13 , 1980, a copy of which is attached hereto and incorporated herein by reference as if set out in full, and being a portion of the same property conveyed to the Grantor herein by Deed dated April 19, 1979, from Elizabeth H. Settle, et al, of record in the aforesaid Clerk's Office in Deed Book 508, at Page 42. Reference is made to the aforesaid plats and Deed for a more particular descriptic of the property herein conveyed. 418 ' I i=E A2rD 13U SLEn ATTpnX6T■ AT LAM rca:sra n. VA. 112601 11 •O YTX C—It QM OTM.[T 3Ji,.: S023 ,vE .4J 8 This conveyance is made subjedt to all easements, rights of way and restrictions of record affecting the subject property, and particularly those restrictions and covenants set forth in the Deed of Dedication of Greenwood Heights Subdivision No. 4, of record in the aforesaid Clerk's Office in Deed Book 260, at Page 221, et seq., which are by,this reference made a part hereof as if set out in full. The property hereby conveyed is subject to a Deed of Trust dated May 9, 1979, securing an indebtedness of.Seneca Home Company to Old Dominion Savings and Loan Association, of Winchester, Virginia, in the sum of $90�,000.00, of record in the aforesaid Clerk's Office in Deed Book 508, at Page 49, wherein Benjamin M. Butler, et al, are designated Trustees, either one or both of whom may act for any purposes, including release purposes. The property hereby conveyed is also subject to a Deed of Trust dated May 9, 1979, securing an indebtedness of Seneca Homes Company to James H. Ross and Elaine S. Ross, his wife, or the survivor, in the sum of $30,000.00, of record in the aforesa Clerk's Office in Deed Book 508, at Page 52, wherein Benjamin M. Butler, et al, are designated Trustees, either one or both of whom may act for any purposes, including release purposes. The party of the third part, as Trustee under the Deed of Trust, and at the direction of Old Dominion Savings and Loan Association, of Winchester, Virginia, and James H. Ross and Elaine S. Ross, his wife, and the party of the fourth part and parties of the fifth part, as secured parties and present noteholders, do together join in this Deed, hereby releasing the parcel herein conveyed from said Deeds of Trust, but reserving the lien of sai trust against any parcel not released hereby or previously released. The Grantor does hereby covenant that it has the right to convey to the Grantee; that the Grantee shall have quiet and -2- o ll_rt �, 419 "23 rp E 419 peaceable possession of the said property, free from all liens and encumbrances; and it will grant such further assurances of title as may be requisite. WITNESS the following signatures and seals: SENECA HOMES COMPANY Bye► By (SEAL) (SEAL) OL' iVUl1O111Y TA♦ u a, aawviva+ OLD DOMINION SAVINGS AND -LOAN ASSOCIATION, Winchester, Virgin] Bye--i�1_._. (� J y.-�� L�� (SEAL) EAL) J 'S II. ROSS �, (SEAL) ELAINE S. ROSS STATE OF VIRGINIA, OF ��� to -wit: a Notary Public in and for the State an Z�9 1s � aforesaid, do hereby certify that JAMES M. ROSS and RICHARD A. ROSS, PARTNERS, t/a SENECA HOMES COMPANY, a Virginia Partnership, and JAMES H. ROSS and ELAINE S. ROSS, his wife, whose names are signed to the foregoir Deed and Deed of Partial Release, bearing date of 6_ 1980, have personally appeared before me and acknowledge the same in my State and aforesaid. Given under my hand this Q,4 day of D , 1980. My commission expires dove ACKER AND HUTLBH AT GKXUT• AT uW •1.CYzWrU14 VA. iteol 11 SOVTM CAURRO. 8T111[T -3- i r i 3 f 420 VCKEE AND BUTLER ATTORNZT■ AT LAN W.xc RieT>s., VA. 22001 11 •OUTM CPY.110M tT.11T occw 623 WE 420 STATE OF VIRGINIA, OF, to -wit: a NotaryPublic in and for the State and �� aforesaid, do hereby certify that BENJAMIN M. BUTLER, TRUSTEE, whose name is signed to the foregoing Deed and Deed of Partial Release, bearing date of 1980, has personally appeared before me and acknowledged the same in my State and e&&Ahlte aforesaid. Given under my hand this 94 day of , 1980. My commission expires Iyex wy-Ap", NOTARY PUBL' STATE OF VIRGINIA, L ,-ni'/V7r OF fi?e04:�P/C/4:� , to -wit: I, • z7-41W':i75 -/ , a Notary Public in and for the State and aforesaid, do hereby certify who is A,7 �/cE of OLD D014INION SAVINGS AND LOAN ASSOCIATION, of Winchester, Virginia, and whose name is, signed to the foregoing Deed and Deed of Partial Release, bearing date of -: —6 i (5, 'T/j , 1980, has personally appeared before me and acknowledged the same in my State and �v.wT1 aforesaid. Given under my hand this O T day of 1980. My commission expires y/2 /yZ -4- - . � I Z' �"e 2 �_ �4c;; �_" N RY PUBLIC 1 I Q I I —�S--t 421 N N d ��ip /t9 NLOT 3 70A �- SUEDV. O� p M GREENWOOD N HEIGHTS cA 18662 t— Z SQ. FT. O—IS TORY 1BRICK a 1 SIDING Boc.. 523 On E 421 THIS IS TO CERTIFY THAT ON MAY 13, 1980, I MADE AN ACCURATE SURVEY OF THE PRE- MISES SHOWN HEREON AND THAT THERE ARE NO EASEMENTS OR ENCROACHMENTS VISIBLE ON THE GROUNTi r fmwp THAN TurLgF SHOWN HEREC -70 ✓:_y t 75'— GLDG.— LINE - i �O N M 4 fV tf S 47° Od W — 141.07' _ =POLE lo' DRAINAGE a UTILITIES EASEMENTS MALOY The above plat is a survey of Lot 70A - Subdivision No. 4 - Greenwood Heights, said Lot having been dedicated May 30, 1979 In Deed Book 509 - Page 28. The said Lot is a portion of the land conveyed to Seneca Homes Company, April 19. 1979 in Deed Book 508 - Page 42 and fronts the Western side of Maloy Drive in Shawnee District, Frederick County, Virginias. Beginning at an iron pin in the Property Line of Maloy Drive and corner to Lot 63 - Subdivision No. 3, said point being S 340 g.3' W - 210.45' from the Property Line of Green- wood Avenue. Thence with Maloy Drive S 470 00' W - 141.07' to an iron pin corner to Lot 70Bi lbence with Lot 70B N 460 30' W - 264.729 to an iron pin in the line of Lot S9 - Subdivision No. 3= Thence with Lot 59, Lot 61 and Lot 63 S 730 45' E - 307.69' to the point of beginning. lkL.TU p Containing - 18,662 Sq. Ft. Surveyed - May 13, 1980 1 VIRGINIA FREDERICK COUNTY, SCT. Ills Instrumer; writing was produced to me on the tit day 19 and with certificate a war thereto annexed was admitted to record. Tax unposed. by Sec. 58-d4.1 of $_te and 53-54 have been paid, if assessable. J_z 1 Clerk. 0 1Y049AS A. SH� �' (LXMSE) No. b 1211. �ND SURVL'l�� r ocl-ff-,l 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 T0: THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) RE: The application of Walter E. Anderson FOR: A 8' side yard variance for a garage at 909 Maloy Drive 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. Si erely, r oh T. P. Horne r ctor JTPH/rsa 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 e (I -ys 1X I 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: ANDERSON, ..AL TE ? F . RT. 6 bUA -)J5-3 WINCHESTER, V.A. FUNTILA, JERRY S. 696 DOGWOOD ROAD WINCHESTER, VA. 22601 ? 2 6 9 1 SWARTZ, ROU-ER S. E DEBRA L. RT. 6 BOX 305E WINCHESTER, VA. 22601 ROGERS, ROBERT E. E NOELL F. RT. 6 GREENWOOD HEIGHTS WINCHESTER, VA. ?2601 TUCKER, BOBBY J. E ADA L. 934 MALOY DRIVE WINCHESTER, VA. CRIM, HARRY BENJAMIN E FREIDA W. 870 MALOr 6R. WINCHESTER, VA. MALUNE, SUSAN G. RT. 6 BOX 305-C CRUMP, WILLIAM E. SR. WINCHESTER, VA. E KATHERINE C. 22601 R1. 6 bOX 274 WINCHESTER, VA. Jo n T. P. Horne, Director F e erick County Dept. of Planning ?2601 22601 22601 STATE OF VIRGINIA COUNT OF FRE IC I 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, i datedr r has personally appeared before me and acknowledged a same in my state and county foresaid. Given under my hand this day of 1985. My commission expires on Aotio 6 , 4LU-il �"Vi—, NOTAAY PUBLIC 01 I-�'S �-O Zoning Board Frederick County Dear Sir: Let it be know that we have no problem with Walter Anderson building a garage within 2 feet of our property line. This would be a fine addition to our area. Thank you