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COUNTY of FREDERICK
Department of Planning and Development
w " Robert W. Watkins - Planning Director. .
703/665-5651
`µGIN/ .
1758
February 25, 1986
Mr. George S. Smith
416 Rock Bridge Road
Stephens City, Virginia 22655
Dear Mr. Smith:
This letter is to confirm the Frederick County Board of Zoning Appeals' action at
their meeting of February 18, 1986.
Approval of Variance Application #001-86 of George S. Smith for a 5' side yard
variance for a 14' X 22' detached garage in Fredericktowne, Section III, Lot 235,
at the corner of Rock Bridge Road and Halifax Court. This property is designated
as Parcel 235 on Tax Map 75E in the Opequon Magisterial District.
Please sign the enclosed on final copv of vour variance application and return to
us in the enclosed self-addressed stamped envelope. If you have any questions
concerning your variance, please do not hesitate to contact this office.
Sincerely,
Robert W. Watkins
Director
W/rsa
9 Court Square P.O. Box 601 - Winchester, Virginia - 22601
VARIANCE #001-86
George S. Smith
LOCATION - Fredericktowne, Lot 235, Section 3, corner of Rock Bridge Road and
Halifax Court
MAGISTERIAL DISTRICT - Opequon
TAX MAP & PARCEL NUMBER - Tax Map 75E, Parcel 235
LAND USE & ZONING - Residential land use, and RP (Residential Performance)
Zoning.
PROPOSED USE & IMPROVEMENTS - A 14' x 22' detached garage
VARIANCE - 5' side yard variance
REASON FOR VARIANCE -;The applicant's building permit was reviewed, approved, and
construction had begun when a routine inspection of the footer/foundation
discovered the review error. The applicant is seeking a variance because of the
review error.
BACKGROUND INFORMATION - The applicant is seeking a 5' side yard variance of the
35' setback requirements of the RP (Residential Performance) Regulations. A 35'
setback is required along all sides of a corner lot for both main and accessory
structures. The applicant's garage is 30' from the right-of-way of Halifax Court.
Therefore, a 5' variance is needed.
STAFF COMMENT - Because of the nature of the variance request, the staff would
suggest that the Board of Zoning Appeals note a reason for approval/denial of this
variance. A notation such as "due to the reasons written under Item #13 of the
application" would be appropriate.
APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
.ance Application No. �G -8
Application Date rI '
Fee Paid `
1. The applicant is the (owner)
Submittal Deadline is
For the Meeting of
.(other) (check one)
2. NAME: I L _ OCCUPANT: (If other than applicant)
ADDRESS: ddm n ,, NAME:
ADDRESS:
TELEPHONE: TELEPHONE: J-�
3. The property is located at (please give exact directions)
Rfccc,
4. The property has a frontage of �� feet and a depth of
feet and consists oflJ 41 '-ket---s (Please be exact)
If [
5. The property is owned by 1 :491 0011-kh as evidenced by
deed from �,� �GG� _ recorded in deed book no. -
on page -- = -' registry of the County of rYedc'.�'I -k
6. This property is designated as parcel no.,�3a on tax map no.
12 -"TE in the Magisterial District.
7. Property Identification Number: f/,, F-0Q -QQf -000D - Ond3� aa35-
8. The existing zoning of the property is: P eSidEitifiCi PGI-lof nctn e,)
9. The existing use of the property is: kesiCiEYl foa
10. The adjoining properties zoning is: AP MesideAJ Pe,`ki'wne! )
1 1 . The adjoining properties land use is: eesdeittial
12. Describe the variance sought in terms of distance and type. (For
example - A 3' rear yard variance for an attached two car garage.)
01- S C 2(-to 11-PT-) tjarie,9ge,
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
age Two
variance
pf
,,�3 L-
_13
�q.I
liq
!�'
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.
(,c,'I
Address-
OEM&IAAJ /77. 4''ELj514
Property ID# :
-?Sr--00--001-
OWL 0003-0,231-0
2.
Address:
LEWISPropert
ID# :
&.(
-- 0 1-0000 -L00O3
0
3.
PAVE HC IR ►FrTA
Address:
Property ID#
00-- 0(,')-QQQQ-
4VILCJAM q ¢
Address:
property ID#
?S-
-- 601 — 000
0003--- �, _0
5'Geo�6 c"
Address:
Property
ID# :
—
F1
6.
Ro 3ERIr &
Address:
►' aF--C_=At'OT A
Property ID# :
0-HI L /}RES_
?,_ CMG
--(-?Cl —000O--��p
7.JL1JLFUP A
Address:
Property ID# :
8.
Address:
Property ID#:
9.
Address:
Property ID#:
10.
Address:
Property ID#:
15. Additional comments,
I (we), the undersic
with any conditions requi
County of Frederick, Virc
Zoning Appeals or a repre
property for the purpose
depose and say that all o
contained in any exhibits
`J2l'O�v
ctfully
agree
to comply
Zoning
Appeals
of the
the members
of
the Board
my to
go upon
the
ctions.
I/we
hereby
f the above statements and
the statements
transmitted are
true.
Signature of Applicant: /
Signature of Owner:
-...,-.Date
Date
For Office Use Only
BOARD OF ZONING APPEALS PUBLIC HEARING ACTION OF (date) '1 6 8�
HAIApproval � Denial �HAIRMAN: Zv
of
LOT 236
S 53 O /7' 47 " E
rELE. RE
CABLE T.V
/62. 25'
LOT 235 /9,347 sq. ft.
WNCAi.'SE.� L•/D
Gou I L' no I C4 t.
POWER 2.8 ~
O u
O CAgPORr I ('A I F-ovt4 LTE
A�E FoVNDA1'Ioa �
I - 2Z � X 1►�' •--14� I "
I STORY BRICK
4/6 ROCKBR/DGE ROAD `L
O
z B ai • � O
n
0 4 n c 25. 00'
4 A-39.27'
- - IRON P/N f0 UND
N 530 1747 W I45. OC
ROCKBR/D GE ROAD 60 R/W
HEREBY CERTIFY THAT ON ✓UNE 21,
1985, I 'WADE AN ACCURATE SURVEY- OF
THE PRC PERTY REPRESENTED BY THE
.1801E PLAT AND THAT THERE ARE NO
EASEMENTS OR ENCROACHMENTS EXCEPT
AS SHOWN HEREON.
H. BRUCE EDENS C. L. S.
NCTE , THIS PROPERTY DOES NOT
FALL IN THE H.U.D. /00 YEAR
FLOODPLA/N.
C.ONCA%'(i: Foh�DASIO�J
GihM[E ADDrc;rfl
LOT 235 SECT/ON 3
FREDER/CKTOWNE SUBD/ VISION
CPEOUON DISTRICT
FREDERICK COUNTY, VIRGINI A
SCALE I "= 3C' ✓UNE 25, 1985
tiEPARED B r
GREEN. WAy ENGINEERING AND SURVEYING CO., INC.
ROUTE 6, BOX /32 -C
WIN ChfFSTER, VIRG/NIA
7�C .� X'iC 7�C 7�CiC 7�C 7�C7�CiC 7�f iC 7�f 7�C 7�CiC 7�f if if 7�C7�C7�C 7�C if 7�C :C :C 7�C 7�C :C iC Xif if 7�Cif 7� .
#2934 if
JEFFREY D. HALLGREN ET UX f
TO;, ::. DEED.
GEORGE S, SMITH �'ET`UX
7�C i� iC n if 7�C 7�C ,� n 7� if 7�C n iC ,� 7�C7�C,� if iC7�Cif if iC � 7: iC 7�C7� if iC„� :C n iC n iC
6K597��U9�
THIS'DEED, made and dated this 14th day of June,
1985, by and between JEFFREY D. HALLGREN and MARY LYNN HALLGREN,
.his wife, hereinafter called the Grantors, and GEORGE S. SMITH and
MARGARET E. SMITH, his wife, hereinafter called the Gran
WITNESSE.TH: That:for and in consideration of the
sum of Ten Dollars ($10.00), cash in.hand paid and'other.valuable
consideration,receipt whereof is hereby acknowledged, the Grantor
dogrant and convey, with General,Warranty and with English
,Covenants of. Title, unto the Grantees, as tenants by the'enti'
in fee simple, with survivorship As,at common law, together with
all rights, rights of way, privileges, improvements thereon and
appurtenances thereto belonging, all of. the following realty:
All of that.certain lot or parcel of
land, lying and being.situa'te in Opequon
Magisterial District, Frederick County,
Virginia, and designated as Lot 235 of.
Fredericktowne, Section .Three, on that
..certain plat drawn. by Thomas C..Glass, .
C.L.S., dated September 23,. 1974, re—
vised December 2, .1974, of record in:the
'Office of the Clerk of the Circuit Court .
of Frederick County, Virginia, in Deed
Book 443, at.page. 316, and further being
more particularly described by tliat cer-
tain plat and survey of Lee A'. Ebert,
C.L.S., dated July 24, 1979, of record
in the aforesaid Clerk's Office in peed
Book 513, at Pages 659 and.660; and being
the same property conveyed to the Grantors.
herein by deed'oflassumption dated March
9, 1981, from George T. McCranie and
Beverly B. McCranie, his wife,,of record
in the aforesaid Clerk's Office -in Deed
Book 534,•at Page 264. Reference is
here inade , to the' aforesaid plats, deed
and the references contained therein for
a further and more particular description,
of the property conveyed herein.
This conveyance is made subject to all legally
enforceable restrictive covenants and'.easements of record affect-
ing.the aforesaid realty.
WITNESS' the following signatures and seals:~'
FULLY,
THROCKMONTON
a
GLASS
ATTORNEYS AT LAW
20SOUTH KENTSTREET
WINCHESTER, 41ROINIA
22E01
SCULLY.
TTIROCKMORTON
CLASS
ATTORNEYS AT LAW
30SOUTH KENTSTREET
WINCNUTER. VIROINIA
2MI
BK597Pc095
(SEAL
(S
STATE OF VIRGINIA
Sd2t5`�of -+ To -wit:
i
in and for the State and aforesaid, do hereby certify
that JEFFREY D. HALLGREN and MARY LYNN HALLGREN, his wife, whose
names are signed to the foregoing deed dated June 14, 1985, have
personally appeared before me and acknowledged the same in my
State and jurisdiction aforesaid.
Given under my hand this 2.ZJ 4ay of 1985.1
My commission expires_ '44 ., Q o2 z. /9gv-
- Z -
ary Yu
2J2
S S
jLtL•CA*L[ rY
a
N
t
0
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Z
BK597PG096
LOT 236
30 /7' 47" E
/62. 25'
0
P2, N rr
L O T 23 5 18,547
,I
TOWER
r,
c APPo Ar
1� �t
i
I STORY BRICK I
I/6 ROC98RIDGE ROAD O
jIAON PIN roLINO
c.� N S3° /7 47S3° /7 I7
O
i o
0C
n
vI R123.00'
A+3Y.?7'
r
i
W /13.00
ROCKBR/DGE ROAD 60 RIW
/ HEREBY CERTIFY THAT ON JUNE 2/,
1985, I MADE AN ACCURATE SURVEY OF
THE PROPERTY REPRESENTED BY THE
ABOVE PLAT AND THAT THERE ARE NO
EASEMENTS OR ENCROACHMENTS EXCEPT
AS SHOWN HEREON.
H. BRUCE EDENS C. L. S
k
IR
NOTE, THIS PROPERTY DOES NOT
FALL IN THE H.U. D. /00 YEAR
FLOODPLA/N.
L. OT 235 SECT/ON 3
FREDER/CKTOWNE SUBD/ VISION
OPEOUON D/STR/C7
FREDER/CK COUNTY, V/RG/NI A
SCALE I '1. 50' ✓UNE 21, 1985
s'N[PAA[O e Y
GREENWAY ENGINEERING AND SURVEYING CO., INC.
ROUTE 6, BOX /12 -C
WINCIIESTER, V/RGlNIA
11RGINiA FREDERICK COUNTY, SCT.
This instrument writing was produced to me on the
day of , 19_r at
and with certificate f anowl,:)dgment thereto annexed was
admitted to record. Tax unposed by Sec. 58-34,1 of
$_, and 53-54 have been paid, if assessable.
L' eelf ____, Clerk
'1I
COUNTY of FREDERICK
IDepartment of Planning and Development
Robert W. Watkins - Planning Director
703/665-5651
February 4, 1986
TO: THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s)
RE: The application of George S. Smith
FOR: A 5' side yard variance (to the street)
This variance request will be considered by the Frederick County Board of Zoning
Appeals at their meeting of February 18, 1986 at 3:30 p.m., in the Board of
Supervisors' Meeting Room in the Old Court House, Winchester, Virginia.
Any interested parties, having questions or wishing to speak, may attend this
meeting.
Sincerely,
A. �,ez- w",g"
Robert W. Watkins
Director
RWW/dkg
9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601
• This is to certify
the
the attached
correspondence was mailed to the following on
February 4, 1986 from
the
Department
of Planning and Development, Frederick
County, Virginia:
WELSH, WILLIAM
M. E.
GEORGANN M
WEIR, GEORGE D.
402 ROCKbRIDGE
ROAD
i; PETRONILLA M.
STEPHENS CITY,
VA.
495-B HALIFAX STREET
22655
STEPHENS CITY, VA.
22655
LEWIS, PHILLIP
E.
CHILDRESS, R09ERT E.
& ANN B.
& MARGARET A.
4939 HALIFAX CT.
411 ROCKBRIDGE ROAD
STEPHENS CITY,
VA.
STEPHENS CITY, VA.
22655
22655
BRANDOFING, PAUL J.
& HENRIETTA
4934 CAROLINE AVE.
STEPHENS CITY, VA.
WHETZEL, WILLIAM A.
& GAYLE L.
444 ROCKBRIDGE ROAD
STEPHENS CITY, VA.
22655
WETZEL, WILBUR A. L JOAN M.
4970 CAROLINE DRIVE
STEPHENS CITY, VA.
22655
SMITH, GEORGE S.
L MARGARET E.
416 ROCKBRIDGE ROAD
STEPHENS CITY, VA.
22655 22655
Robert W. Watkins, Director
Frederick County Dept. of Planning
STATE OF VIRGINIA
COUNTY OF FREDERICK
I, �,��,� , a Notary Public in and for the state and
county aforesaid, do hereby certify that Robert W. Watkins, Director of the
Department of Planning and Development, whose name is signed to the foregoing,
dated Q�1, 4j, / 0 �� has personally appeared before me and
acknowledged the same in my state and county foresaid.
Given under my
hand this
day
of1986.
My commission
expires on
NOTARY PUBLIC