HomeMy WebLinkAbout14-85 L. Stewart Smith - Opequon Dist - BackfileCOUNTY of FREDERICK
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Department of Planning and Development
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703/662-4532
October 15,.1985
Mr. L. Stewart Smith
P.O. Box 176
Stephens City, Virginia. 22655
Dear Mr. Smith:
This letter is to confirm the Frederick County Board of Zoning Appeals' action at
their meeting ,of October 15, 1985:
Approval of Variance Application #014-85 of L. Stewart Smith for a 7.5' rear yard
variance for a carport to be located in the Fredericktowne Subdivision, Section
III, Lot 168. . This property is identified on Tax Map 75E as Parcel 168 in the
Opequon Magisterial District.
If you have any questions regarding your variance, please do not hesitate to call
this office.
inc e ,
J n R. Riley
ounty Administrator
JRR/rsa
9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601
VARIANCE #014-85
L. Stewart Smith
LOCATION - Fredericktowne Subdivision, Section III, Lot 168
MAGISTERIAL DISTRICT - Opequon
TAX MAP & PARCEL NUMBER - Tax Map 75E, Parcel 168
LAND USE & ZONING - Residential land use, and RP (Residential Performance)
zoning.
PROPOSED USE & IMPROVEMENTS - A carport
VARIANCE - 7 1/2' rear yard
REASON FOR VARIANCE - The variance is being sought since the house was set too far
to the rear of the lot.
BACKGROUND INFORMATION - The applicant wishes to construct an attached carport on
a corner lot of Westmoreland Road and Omni Court. The applicant is lacking 7.5'
of the 25' required for setback.
STAFF COMMENT - Approval.
APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
Variance Application No. IT`S Submittal Deadline is August 23,1985
Application Date August 19,1985 For the Meet* n of
Fee Paid $45.00
1. The applicant is the (owner) �� (other) (check one)
2. NAME: L. Stewart Smith OCCUPANT: ( If other than applicant)
ADDRESS: Po Box 176 NAME:
Stephens City, Va. 22655 ADDRESS:
TELEPHONE:—_ 869-2441 TELEPHONE:
3. The property is located at (please give exact directions)
F-Pedericktowne Subdivision, Section III, Lot 168
4. The property has a frontage of _ 92' - feet and a depth of 12811ft side
feet and consists of 113 -_ acres. (Please be exact) 110'rgt side
5. The property is owned by LINK ENTERPRISES, INC. as evidenced by
deed from FREDERICKTOWNE, CO. recorded in deed book no.
on page _ , registry of the County of FREDERICK -
6. This property is designated as parcel no. I&e- on tax map no.
_in the OPEQUON Magisterial District.
7. Property Identification Number: E00(001)-0000-003-0168-0
8. The existing zoning of the property is: Residential RP
9. The existing use of the property is: RES. VACANT
10. The adjoining properties zoning is: RP
11. The adjoining properties land use is: VACANT LOTS
12. Describe the variance sought in terms of distance and type. (For
example - A 3' rear yard variance for an attached two car garage.)
71 ' Variance sought for a carport
13. List specific reason(s) 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
Page Two
Variance
C) i y-ws =M
14. The following are all of
owning property adjacent
(across street from) the
sought. (Use additional
notified by mail of this
NAME
the individuals, firms, or corporations
to both sides and rear and in front of
property for which the variance is being
pages if necessary). These people will be
application:
1.
Fredericktowne Co.
Address:
Lot
#167
Property ID#:
E 00 001-0000-0003-0167-0
2.
Fredericktowne Co.
Address:
Lot #196
Property ID#
75E
00(001)-0000-0003-0169-0
3.
Fredericktowne Co.
Address:
Lot #13
Property ID#
75E
00(001)-0000-0003-013-0
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 Fredericktowne Co. was notified by with
regard to this variance, they have no problem with it.
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 trans fitted are true.
Signature of Applicant: o� Date8 19 8
Signature of Owner:
Date �/? ,41"
For Office Use Only
BOARD OF ZONING APPEALS PUBLIC HEARING ACTION OF (date) D 1, (5 s
Approval Denial CHAIRMAN: \4�q C�J
O 14�Ys�5
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
Adjoining Property
0
LV
�
J
T
N
r-
IF
Add
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o
CD
.i
a-
�tion
_.�
Prooertv Line i
- '------------
--- - - - --=Center
of Rood
RoodSHOW
THESE
MEASUREMENTS
Lot #168 CORNER LOT
OMNI COURT
350-93
TMD/ss
5/20/85
CV
Bx594Pc723
THIS DEED AND DEED OF PARTIAL RELEASE made and dated
this a0 day of 1985, by and between FREDERICK-
64,
TOWNE COMPANY, a Virginia corporation, party of the first part;
LINK ENTERPRISES, INC., a Virginia corporation, party of the
second part; THOMAS M. DICKINSON, JR., Sole Acting Trustee under
those certain deeds of trust dated February 28, 1983 and June 3,
1983 and recorded in the Office of the Clerk of the Circuit
Court of Frederick County, Virginia, in Deed Book 556 at Page
658 and in Deed Book 560 at Page 347, respectively, party of the
third part; LEWIS M. COSTELLO, Trustee of the James E. Carson
Irrevocable Life Insurance Trust, party of the fourth part; and
DOMINION BANK OF SHENANDOAH VALLEY, NATIONAL ASSOCIATION
(successor in interest to Commercial and Savings Bank), party of
the fifth part.
WITNESSETH: That for and in consideration of the sum
of Ten Dollars ($10.00) and other good and valuable considera-
tion, the receipt of all of which is hereby acknowledged, the
party of the first part does hereby grant, bargain, sell and
convey with general warranty of title, unto the party of the
second part, its successors or assigns, the following described
property and appurtenances thereunto belonging:
All that certain parcel of land together
with the improvements thereon lying and
being situate in Opequon Magisterial
District, Frederick County, Virginia, known
as Lot 168, Section III, Fredericktowne, the
deed of dedication and plats of which are of
record in the Office of the Clerk of the
Circuit Court of Frederick County, Virginia,
in Deed Book 443 at Page 296 and following,
amended in Deed Book 457 at Page 510 and
following, amended in Deed Book 566 at Page
276 and following, and amended in Deed Book
590 at Page 201 and following, and being a
portion of the same property acquired by the
party of the first part by deeds from B. H.
Beaver, et ux, dated June 2, 1969 and
recorded in the aforesaid Clerk's Office in
Deed Book 353 at Page 554 and Deed Book 353
at Page 556.
O/Y Jr--?
BK594PG724
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.
The party of the first part covenants that it has a
right to convey said property to the party of the second part;
that it has done no act to encumber said property; that it will
execute such further assurances of title to said property as
may be requisite; that it is seized in fee simple of the
property conveyed; and that the party of the second part shall
have quiet possession of said property free from all encum-
brances.
Thomas M. Dickinson, Jr., Sole Acting Trustee, and
Lewis M. Costello, Trustee of the James E. Carson Irrevocable
Life Insurance Trust as the secured party and present note -
holder under that certain deed of trust dated February 28,
1983, of record in the aforesaid Clerk's Office in Deed Book
556 at Page 658, and•Thomas M. Dickinson, Jr., Sole Acting
Trustee, and Dominion Bank of Shenandoah Valley, National
Association as the secured party and present noteholder under
that certain deed of trust dated June 3, 1983, of record in the
aforesaid Clerk's Office in Deed Book 560 at Page 347, join in
this deed and deed of partial release for the purpose of
releasing from the liens of the deeds of trust recorded in the
aforesaid Clerk's Office in Deed Book 556 at Page 658 and in
Deed Book 560 at Page 347 the hereinabove described parcel of
land, but it is expressly understood that the release of this
property does not release the remaining property and the liens
of said deeds of trust shall continue in full force and effect
-2-
C 114s=i,
aa594PG725
as to such property.
The party of the first part covenants that all neces-
sary and proper corporate action has been taken to authorize
this sale and the execution, acknowledgement and delivery of
this deed and deed of partial release.
WITNESS the following signatures and seals:
FRE7aZ7�
By AL)
sit
Yfff—W& All, (SEAL)
Thomas M. Dickinson, r.
Sole ctti4,42g:
ng Trustee
c)��/ (SEAL)
Lewis M. Costello, trustee
of the James E. Carson Ir-
revocable Life Insurance Trust
DOMINION BANK OF SHENANDOAH VALLEY,
NATIONAL ASSOCIATION
By (SEAL)
STATE OF VIRGINIA'��
OFfLtz�eti TO -wit:
The foregoing instrument was acknowledged before me by
Noel M. Borden, who is President of Fredericktowne Company, a
Virginia corporation, on behalf of said corporation.
Given under my hand this day of 6Eqj 1985.
My Commission expires L /4F 7
�✓ � tv �c�.l Q.4 c�
Notary Public
-3-
a)Y4S__9
BK594PG726
STATE OF VIRGINIA Q oCa7lit-i
OF 04;1,e ice. , To -wit:
01
The foregoing instrument was acknowledged before me by
Thomas M. Dickinson, Jr., Sole Acting Trustee.
Given under my hand this .20/& day of 1985.
My Commission expires " 02� /9y-7
Notary Public
STATE OF VIRGINIA l5?�6i E°"
OF To -wit:
The foregoing instrument was acknowledged before me by
Lewis M. Costello, Trustee of the James E. Carson Irrevocable
Life Insurance Trust.
Given under my hand this ��.t day of 1985.
67
My Commission expires L�C!'i'ri fir,
Notary Public
STATE OF VIRGINIA -
OF To -wit:
The foregoing instrument was acknowledged before me
by .2 La who is T , .of
Dominion Bank of Shen ndoah Valley, National Association, on
behalf of said bank.
Given under my hand this _`�day of / 1985.
My Commission expires
_
ri;LF;I�^� COUi�'TT, S`yN `�� � Notary Public
TLAz i.n.sfrument of writing was produced to me o-. Vie
t- &d?y of c 19_ S_
and vrth c-9rtific�te of aa wlsdgment thersto
sdnitiad to roco:d. TxK iinoosed by Sec. 5d-,)4i. I w
and 53-54 have been paid, if
JJJ 1�
I,l
61q -f5 A0
COUNTY of FREDERICK
IDepartment of Planning and Development
John T.P. Horne - Planning Director
Stephen M. Gyurisin - Deputy Director
703/662-4532
October 1, 1985
TO: THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s)
RE: The application of L. Stewart Smith
FOR: A 7.5' variance for a carport
This variance request will be considered by the Frederick County Board of Zoning
Appeals at their meeting of October 15, 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.
County Administrator
JRR/rsa
9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601
C)lU kS= 11
This is to certify the the attached correspondence was mailed to the following on
October 1, 1985 from the Department of Planning and Development, Frederick County,
Virginia:
LINK ENTERPRISES, INC. L. Stewart Smith
ESSEX CIRCLE
STEPHENS CITY, VA. P.O. Box 176
22655 Stephens City, VA. 22655
FREOERICKTOWNE COMPANY
P. 0. SOX 358
STEPHENS CITY, VA.
22655
STATE OF VIRGINIA
COUNTY. -OF FREDERICK
c
Jo R Riley, Director
F ederick County Administrator
I, L/f%_ ( , a Notary Public in and for the state and
county aforesaid, do hereby certify that John R. Riley, Frederick County
Administrator, whose name is signed to the foregoing, dated
has personally appeared before me and acknowledged the same in my state and
county foresaid.
Given under my hand this 4d- day of 1985.
My commission expires on a
l
NO PUBL C