HomeMy WebLinkAbout03-86 William E Gill - Gainesboro - BackfileCOUNTY of FREDERICK
Department of Planning and Development
Robert W. Watkins - Planning Director
703/665-5651
February 25, 1986
Mr. William H. Gill
Route 5, Box 826
Winchester, Virginia 22601
Dear Mr. Gill:
This letter is to confirm the Frederick County Board of Zoning Appeals' action at
their meeting of February 18, 1986.
Approval of Variance Application #003-86 of William H: Gill for a.5' side yard
variance and a 5' rear yard variance for a 24' X 50' garage. This property is
located on Route 852 and is designated as Parcel 123 on Tax Map 42 in the
Gainesboro Magisterial District.
Ism'"return�n-g�yourr orignal'copq�ofl •yo�r`�deed' w%.h'--this'le"ter: If you have any
d.-
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 #003-86
William H. Gill
LOCATION - North of 522 to Albin (Route 789), left on Route 852 (road past church),
one-story house on right before turn
MAGISTERIAL DISTRICT - Gainesboro
TAX MAP & PARCEL NUMBER - Tax Map 42, Parcel 123
LAND USE & ZONING - Residential land use, and A-2 (Agricultural General) Zoning
PROPOSED USE & IMPROVEMENTS - A 24' x 50' garage
VARIANCE = 5' side yard variance and a 5' rear yard variance
REASON FOR VARIANCE - The applicant has stated that the reason a variance is being
requested is due to the drainfield location and that there is no other way to get
to the garage.
BACKGROUND INFORMATION - The A-2 (Agricultural, General) Zoning District
Regulations require a 15' side and rear yard for accessory structures. This
structure is planned to be 10' from the side and rear property line. Therefore, a
5' variance is needed for each yard.
STAFF COMMENT - An approved building permit for a residential garage is required
prior to construction.
APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
Variance Application No. 095-& Submittal Deadline is
Application Date For the Meeting of
Fee Paid
1. The applicant is the (owner) ,/ (other) (check one)
2. NAME : J,'(l;� 6F, (r; // OCCUPANT: ( If other than applicant)
ADDRESS: g4 6- ;�E,x gig 6 NAME:
ADDRESS
TELEPHONE: 7y3- 2 -.� /S TELEPHONE:
3. The property is located at (please give exact directions)
4. The property has a frontage of/7d--6-0 feet and a depth of
feet and consists of acres. (Please be exact)
5. The propert is owned by �%cL��a,�,�' JQ_ as evidenced by
deed from lya"I recorded in deed book no. :39 9
on page ; 7 , registry of the County of Flied,-,� .
6. This property is designated as parcel no. jri on tax map no.
in the,Magisterial District.
7. Property Identification Number: 006 - A 00 - 0000 - 0 oo 0 --0 .-o
8. The existingzoning of the property is: f���v���
9 P P Y
9. The existing use of the property is: Re5lbi5xJT/AL,
10. The adjoining properties zoning is:
1 1 . The adjoining properties land use is: �ES/dEAJ7-�� L.
12. Describe the variance sought in terms of distance and type. (For
example - A 3' rear yard variance for an attached two car garage.)
Side- rct uar16tnCeJ _
S' ✓e r, c4 rcl—
tJCc-r i a-n c
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
003 -a'�-A,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
L�Cza � ��
4-
Add e s s :
f S
J^ -�4
rop r y D#:
w06e - A
2.
Address:
�
Proper ID#:
GU - C/ -
oGU-elr-a-42-2 0
3
A s&�"K
Prope ty ID#
4.p
�C
Address:
Prop'erty 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
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: �WDatei-dy F6
Signature of Owner:j'Yi(E� Date
For Office Use Only
BOARD OF ZONING APPEALS PUBLIC HEARING ACTION OF (date)
VlGE
Approval Denial CHAIRMAN: �� �'
C) cO3-A-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.
V
EXAMPLE
Adjoining Property
YOUR PROPERTY
Adjoining Property
a
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'Yl
T
K
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IAddi
_
i4--*
N
Q.
`D
I r
t
tion
J4
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o
10
4
Property
Line
________________���•�SO___Center
of
Rood------_
Rood
.G vp,—o,yi Olq;v e
SHOW
THESE
MEASUREMENTS
17615-0
1�
9-")A - 00
- BOOK .398 PACE 1717
THIS DEED OF TRUST made and dated this day of
%
19�rY b and between WILLIAM E. GILL and VIVIAN M.
GILL, his wife, parties of the first part, hereinafter called the
Grantors, and BENJAMIN M. BUTLER, of Winchester, Virginia, and
STEPHEN G. BUTLER, of Frederick County, Virginia, either one or
both of whom may act, parties of the second part, hereinafter called
the Trustees.
WITNESSETH: That for and in consideration of the sum of
One ($1.00) Dollar, cash in hand paid by the said Trustees to the
Grantors, on or before delivery of this deed of trust, the receipt
of which is hereby acknowledged, the Grantors do hereby grant and
convey with general warranty of title unto the said Trustees, and
their successors forever, the following real estate, to -wit:
"All of that certain lot or parcel of land,
together with the improvements thereon and the
appurtenances thereunto belonging, containing
21,306.6 square feet, fronting 176.50 feet on
Lupton Drive, just West of the Martin S. Glaize-
Dunbar Subdivision at Albin, in Stonewall Magis-
terial District, Frederick County, Virginia, and
more particularly described as Parcel "B" on that
certain plat of survey of Lee A. Ebert, C.L. S.,
dated October 13, 1964, of record in the Office
of the Clerk of the Circuit Court of Frederick
County, Virginia in Deed Book 306 at Page 439,
and being the same property conveyed to the
Grantors herein by deed dated ��C�` a2 3 ,
1972, from Preston Wilmer Harman and Frances L.
Harman, his wife, of record in the aforesaid
Clerk's Office immediately preceding this deed
of trust. Reference is made to the aforesaid
plat and deed for a more particular description
of the property herein conveyed."
This conveyance is made subject to all easements, rights
of way and restrictions of record affecting the subject property.
IN TRUST HOWEVER, to secure payment to the holder of a
certain bond of even date herewith, payable Twenty (20) years from
'CEE AND BL-MER date, in the principal sum of Fifteen Thousand ($15,000.00) Dollar ,
TTORNEYS AT LAW
c"anTRR. VA.22601 together with interest thereon at the rate of Eight per cent ( 8 0 )
OUTH CAME,10N STREET
per annum on the unpaid balance until paid, made by the Grantors
-1-
�.ktii+? pnt F
land payable to the Farmers and Merchants National Bank of Winchest4r,
(Virginia, or order, in Two Hundred Thirty-nine (239) monthly install-
Iments of One Hundred Twenty-five Dollars and Forty-seven Cents
($125.47) each, which include principal and interest, commencing
on the _day of /�-, T, 19,7-a- , and a final installment
equal to the principal and interest remaining due, which installme
shall be due and payable on the 2c-_day of Q J,,` 19_.
Renewals and extensions of the foregoing debt are permitt
This deed of trust is executed and is to be construed in
laccordance with all the provisions of §55-59 and §55-60 of the
(Code of Virginia, and all amendments thereto, except as otherwise
1provided herein.
Advertisement required: A single publication of notice
of sale at least ten (10) days before the date of sale in any
newspaper of general circulation or published where the property
is located. Commission of two and one-half per cent (2 1/20) of
indebtedness due Trustees if property advertised but indebtedness
paid before sale.
Right of anticipation is reserved. Exemptions waived.
Subject to all upon default. Insurance required against fire and
other calamity in the amount of the original indebtedness secured
hereby.
The holder of the indebtedness secured by this deed of
trust is hereby granted the power to appoint a substitute Trustee,
or Trustees, in accordance with the provisions of §26-49 of the
it
�d .
Code of Virginia in the event of the resignation, death, incapaciti,
disability, removal or absence from the State of a Trustee, or
Trustees; such substitute Trustee, or Trustees, shall be designatE
Iby instrument duly executed, acknowledged and recorded among the
:E AND BDTLER
OR.�UYS AT r' 'W land records where the property is located and shall have the same
:ESTER. VA. 22601 1powers
TN CAMERON STREET as if originally named herein.
-2-
[CIiEE AND BUTLER
ATTORNEYS AT LAW
VRTCIESSTSR. VA. 22601
I SOUTH CAMERON STREET
The property secured by this deed of trust may not be
conveyed to any other person, firm or corporation, without the
prior written consent of the beneficiary and any such conveyance
shall be construed as a default of the trust.
WITNESS the following signatures and seals:
(SEAL)
WI LIAM E . GILL
�fi /lam (SEAL)
VIVIAN M. GILL
STATE OF VIRGINIA,
OF,� , TO -WIT:
I, TJ �,���,z , a Notary Public in and for
the State and aforesaid, do hereby certify that WILLIAM E
GILL and VIVIAN M. GILL, his wife, whose names are signed to the
foregoing Deed of Trust, bearing date of 6�_)'je- 3, 19J)-,
have personally appeared before me and acknowledged the same in
my State and aforesaid.
Given under my hand this day of a_e_� 19-21-.
My Commission expires —
NOTARY PUBLIC
�REDER!CK COUNTY. sCT. : day Of
h- instrument of writing
JIRGT,r was produced to me On the -
•f and with certificate of acknowledgment thereto annexed was admitted
at. /-........
t0 IecordI. ^ `
-3-
00-3-Y6-10
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 William E. Gill
FOR: A 5' side yard variance and a 5' rear yard variance
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,
,,v'-�
Robert W. Watkins
Director
RWW/dkg
9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601
. a
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:
Thomas W. & Mary Ann Adams
Rt. 5, Box 1095
Winchester, VA 22601
Herbert G. Davis
Bloomery Star Rt., Box 1078
Winchester, VA 22601
Donald Wayne & Betty Ann Kidwell
Rt. 5, Box 898
Winchester, VA 22601
Wilbert and Ann L. Lineweaver
Rt. 5, Box 827
Winchester, VA 22601
William E. Gill
Rt. 5, Box 826
Winchester, VA 22601
Robert W. Watkins, Director
Frederick County Dept. of Planning
STATE OF VIRGINIA
COUNTY OF FREDE RICK
I, t�itQICtanL �f 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 � 1Lft�lCtO/Gc� �, /919W , has personally appeared before me and
acknowledged the same in my state and county foresaid.
Given under my hand this day of 1986.
MY commission expires on
NOTARY PUBLIC
4.
-I9,
�_T'R M:441111i
tTbig; Agreement of Sale made in triplicate this 31 day of August 197_,
between ', Aili an E. and 1.r ivian 11. U11 (hereinafter known as the Vendee)
and _ Preston and Harman (hereinafter known as the Vendor)
and Guth C. Crum (hereinafter known as the Agent)
no
WITNESSETH: That for and in consideration of the sum of 'I�'ao Hundred and 100----------------
Dollars (8 200.00cash
),
by check in hand paid, receipt of which is hereby acknowledge^. the Vendee agrees to buy and the Vendor
cl
agrees to sell for the sum of Trtent7 Thousand and 100--------------------- ---- --------
Dollars (S 2.0, 000, 00 ), all that certain piece, parcel or lot of land described as follows, to wit:
T►Ze sL V room stucco horse located on the north side of Lur_ton Drive
Albin Frederic'_,: Count7r. Vi rA:_nia
Lot apro. 1301X 1761
Included in sale price are all rods, vall to wall carpet.
Perms of Sale:
>200 00 7.., th contract
19,800 00 cash at settlement on or before Tfovenber 1, 1972
The Vendor agrees to convey the above property with a General Warranty Deed. Examination of title,
and recording charges, including those for purchase money trust, if any, are to be at the cost of the purchaser.
Where trustees are to be named in a deed of trust or trusts the said trustees are to be named by the party,
respectively secured thereby.
All taxes, insurance, rents, and interest are to be adjusted at the time of closing.
The purchaser agrees to comply with the terms of sale herein within as above
from the date of acceptance by owner or the deposit will be forfeited.
days
It is understood that the title is to be good of record or no sale. However, a reasonable time shall be al-
lowed the Vendor to correct any defects reported by the title examiner.
It is understood that the property is to be conveyed subject to any restrictions now thereon.
Possession is to be given upon settlement or. or before _Toverr.ber 1, 1972
The Vendor agrees to pay to the Agent cash for his services a commission of six percent on the sale price
of the property.
All risk of loss or damage to the property by fire, windstorm, casualty or other causes is assumed by seller
until date of settlement.
Mtne55 the following signatures and seals this 31 day of August , 19 72