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HomeMy WebLinkAbout04-86 Jack C Williams - Stonewall District - Backfile--- COUNTY of FREDERICK IDepartment of Planning and Development Robert W. Watkins - Planning Director 703/665-5651 April 16, 1986 )Mr. Jack C. Williams `> Route 8, Box 1114 `Winchester, Virginia 22601 Dear;Mr. Williams:) This letter is to .confirm -the Frederick County Board of Zoning Appeals' action at their meeting of(April 15, 1946,: Approval of Variance Application:;IP-004-86 of Jack C. Williams for a 5' variance for a two -stall horse barn on Route 734 in the Spring Valley Subdivision in the Stonewall Magisterial District.,,') If you have any questions regarding this variance, please do not hesitate to call this office. Sincerely, Robert W. Watkins Planning Director RWW/dkg 0 9 Court Snuare - P.O. Box 601 - Winchester, Virginia - 22601 0U-(-- s'6 "). VARIANCE #004-86 Jack C. Williams LOCATION - Take Route 522 North of Winchester, turn right on Route 739 (Apple Pie Ridge) go 1/4 mile to second driveway on left (old Milt Williams farm - now Spring Valley Subdivision) laying north of Route 37 between Routes 522 North and Route 11 North. MAGISTERIAL DISTRICT - Stonewall TAX MAP & PARCEL NUMBER - Tax Map 42, Parcel 198A LAND USE & ZONING - Residential Land Use, and A-2 (Agricultural General) Zoning PROPOSED USE & IMPROVEMENTS - A two -stall horse barn VARIANCE - 5' variance REASON FOR VARIANCE - 1) To conceal the barn from public view. 2) To not detract from appearance of Plot #2. 3) Building restrictions on Plot 2 makes construction of out buildings cost prohibitive. 4) Only practical location of barn on Plot 1 adjacent to plot 2 is obstructed by very large limestone rock breaks. By moving barn 5' closer to the property line of Plot 2, rock breaks can be missed, greatly reducing construction costs and making barn site available to water and electricity. BACKGROUND INFORMATION - The applicant wishes to construct a 26' X 30' detached accessory structure (horse barn) 10' from the property line. The A-2 (Agricultural General) Zoning District regulations require that such structures be 15' from the property lines. Therefore, a �5' variance is,required. STAFF COMMENT - No comment. However, an approved building permit is required prior to construction. ooy_�6-3 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA Variance Application No. q-- E) Application Date Z - __'!� -�� Fee Paid Submittal Deadline is For the Meeting of 1. The applicant is the (owner) (other) (check one) 2. NAME: JA- ,_,< C- OCCUPANT: ( If other than applicant) ADDRESS: 1 T e Qdk ///,v NAME: w/NcHEsTc�'R , V/R4/N/A ADDRESS: TELEPHONE: 66 7-TELEPHONE: 3. The property is located at (please give exact directions) ]'/A/<tC R T • 5;2 9 VV R T// 0, Tvq,v R14 # r o4e 47' 731' CAP`YEP/L-' R10 4o,fily' M/LG - T&RN R/4N7- oA/ 'IJ'q - CEO %y /" 1/L4- To 2- MD piQiVE wAY UN LL•FT OLD /1/L7 h//LL/gMSF4R/i -N_01,/ SPR/,t/Ci VALLL-"Y J!/B-IJ/VlS/ON LAY/,vKt N0R714 OP RTj7 B67-wL- A,1 fTs• s,22-.tl. ct- RT // v 4. The property has a frontage of 3qs-6/ feet and a depth of feet and consists of I_ acres. (Please be exact) 5. The property deed from on page S$< is owned by c• w/cL/� N,s -ecorded in dee as evidenced by book no. (IS3 6. This property is designated as parcel no. (<754 on tax map no. in the 41-LO4�/ Magisterial District. 7. Property Identification Number:_q"aoc0 A0-0 pooe> o000 014$4 8. The existing zoning of the property is: A'A 9. The existing use of the property is: I� S 10. The adjoining properties zoning is: 11. The adjoining properties land use is: f�?5- `i- A (L-r 12. Describe the variance sought in terms of distance and type. (For example - A 3' rear yard variance for an attached two car garage.) S -rff/< -A S fo07' VAR/A4, r- ZC 41Re?-E= 1/1'JES7-D4/E' Rack _RMA/<S oR ASMA1-C 7wv JrAL4 yuRS e- 84J?A1 1./H/cN "CA cNS A tit ACRE Z 0 T C Al-0RJff O4scy -Z ALso 0k--,' 4,4AlD /s /.v Two P�uTs-QaTN of wy/GN Z' uwN - 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 !/SE of PRaPFRTY ADJAC--4,7-- PAsTuRl CvR ye4sfS I W/SH TD P&7 . ,4RA1 o,V 0407-=1 -,q To Co.Vd=,qL 94Rti FRoM PUBt/G V/Ew• 70N07-DZ-7RAcT FROM APP,,FfgMCF oa PZoT--Z4_,2 RZ--ST/R/o TIOV-• ON PL-T-= � /`9A/<4j' GONSr focr/oN O/z C•oST f'iQo.�'/elT/V,6% C4 oANL}- P.Qgc77/c.4L Loc nT/oA/ of Q,4RAI uti OedT 1 A/0TAchtiT TO 0L0TIZ,Z /S 9i ✓ARY LAR qe7 L/MLr'JToN�- ,Roc /< /jRrA/<-r. By /"'uv�/N y 7W o'PRVR.0R7Y L-/.VE" OL 0407'Zr2/ROC/< C,4N ?Z/47-4)- CIO IV 57-,fvG7-/oN CoST,Jcl/"19 G--%N6r 9-4R/V.s/7.r AVAit- 4 464-6- 7 , WArE'R TR/Gti%' ?aae 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 & ' 6Ch 1 ' 4e�2o�i� �'�1 �'a� 5 • � �� Address: � �aloa Property ID#: �a p o 0 0► a O000 0 2. Address: )PIC VIP oZoZ6a/ Property ID# 4a o 01 a O000 doo Ooo - 3. C�qQ s �-- �vA�s� Address: 7{p l.'Rnx jQoc� o�(At7l Property ID# 4 000 Ol a 4. ige4oll s Address: x 7� Property ID#: 5. VA c u M M a,v wtA LTN ¢.' TR-y.vPo,V7f}7'io.V Address: p o 0c X 1- 2 ,/ e3 S %f} �i�✓Tv �V 1/� Property ID# 6. Address: Property ID#: 7. Address: Property ID#: 8. Address: Property ID#: 9. Address: Property ID#: . Address: Property ID#: 15. Additional comments, if any M W 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: �-�^ G��=l�l iinc�� Date Signature of Owner: `�� �� � Date��,-` J For Office Use Only BOARD OF ZONING APPEALS PUBLIC HEARING ACTION OF (date) �j`- /S -U Approval Denial CHAIRMAN: G My-Y(-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. FXoprAy1F ft V. EXAMPLE Adjoining Property YOUR PROPERTY AdjoiningProperty 0 2 a iD m r IAddi i♦—► 0 CD ti46 a Property Line -----'----------------=Center of Road------_ Road SHOW THESE MEASUREMENTS All ,q77, 1 a' . 29 zd p' ��,FZ ..oS9F.LBis- A LL.10,149 os- . p6 •��� a .� �Zg�� �2,�ass � � ..0�.2�•og''' o .Sy�.'a.� d � spa-.o�- v _ m s-�, b- `� 4 o � 25 o v 44 3 W •y c+ all g6 /K-�� LS•o�� 8s 10 7 o� r" �WJ (T r PR DOWtV 11141- .51-CP "ro C"7- 11N. RA RN AA11--l-A E�l - - - ----------------------------------------------- ------------ -- WOOO�,rP A T. H005i* XLANS APPROVED .." OTl RUCTION N aC %-FICK C, VA. '04/ "rA:rl- jrlW- W,7,op C) 13 30 I. 'OFT wiNt70 w ir- 4 rACK Room t/ 11 41— "r g pYEf? fl�Nsf SUPPORT BOOK M 2F19GE :a�:� THIS DEED made and dated this - ',Q) day of by and between JOSEPH M. WILLIAMS, JR. and GLADYS T. WILLIAMS, his wife, HILDA W. REID, widow, and MABEL KATHERINE GRIM and LINDEN G. GRIM, her husband, parties of the first part, hereinafter called the Grantors, and JACK C. WILLIAMS and MARY M. WILLIAMS, his wife, parties of the second part, hereinafter called the Grantees. WITNESSETH: That for and in consideration of the sum of Ten ($10.00) Dollars, cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledge , the Grantors do hereby grant and convey with general warranty of title unto the Grantees, in fee simple, jointly as tenants by the entirety with right of survivorship as at common law, it being intended that the part of the one first dying should then belong to the other, his or her heirs or assigns, all of that certain lot or parcel of land, together with the improvements thereon and the improvements thereunto belonging, fronting on the Northern Boundary Line of "The Frontage Road (extending Eastwardly from the Apple Pie Ridge Road - RT. 739- just North of Rt. 37) AND the Northern Boundary Line of a 40.0 Ft. R/W (Extending Eastwardly from the said Frontage Road), lying and being situate .in Stonewall District, Frederick County, Virginia, containing 5.00 Acres, and more particularly described b plat and P Y y p survey of Lee A. Ebert, C. L. S., dated June 22, 1973, attached hereto and by this reference made a part hereof as if set out in full, and being a portion of the same land devised to Melissa C. Williams and Joseph M. Williams, Jr., Hilda W. Reid and Mabel Katherine Grim, by will of Joseph M. Williams, dated February 18, 1952, and probated on May 27, 1963, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Will Book 65 at Page 183, MCKF.E AND BUTLER ATTORNRTB AT X.AW and further being a portion of the same land which passed by 1VINCHBBTRR. VA. 22601 11 SOUTH CAMERON STREET intestate succession to Joseph M. Williams, Jr., Hilda W. Reid and -1- (&LI -St- j 8 AND BUTLER RNHYO AT I.AW USTUR. VA. 22(301 N C.A.fERON STREET EiOilf; 1;1'i. =AJE 528 Mabel Katherine Grim upon the death of the said Melissa C. William on February 11, 1964. Reference is made to the aforesaid plat and will 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. The Grantors do hereby covenant that they have the right to convey to the Grantees; that the Grantees shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and they will grant such further assurances of title as may be requisite. I WITNESS the following signatures and seals: STATE, OF v RG the State and (SEAL) OSE H M. WILLIAMS,cJR. GLADDYS T! WILLIA4S (SEAL) (SEAL) zILDA W. RLID L. e& �,'� �c�P�- , // I MABEL KATHERINE GR � (SEAL) (SEAL) L NDEN G. GGRIM TQIWIT: , a Notary Public in and for aforesaid, do hereby certify that JOSEP K. WILLIAMS, JR. and-t-LADYS T. WILLIAMS, p se names are signed to the foregoing Deed, bearing date of C_...� , 19 Ze6kledpersonallyappeared before me and g nave ed the same in ly State and G aforesaid. Given un my hand this'�)3��day of 0z" l , 19 T777 T_ My Commission expires 4TARY YUB IC � . •_�. C); 0 Q SA MCI{ES AND BUTLER ATTORNRYB AT LAW WxmcmzsTFR. VA. 22601 11 SOUTH CAMERON STREET STATE OF VIRGINIAy 600K 4J 2 r"AG. 529 �- 0 — T: C/- I. ` �f C a Notary Public in and for the State and �; aforesaid, do hereby certify that HIL A W. REID, whose n is signed to the foregoing Deed, dated 1973, has personally appeared before me and dck ledged the same in my State and aforesaid. Given under my hand this day o -.'G- 1973. My Commission expires .. w STATE OF VIRGINIA v'�C OF the State 1a�e,I)� � I TARY PUBtJC a Notary Public in and for aforesaid, do hereby certify that MABEL KATHERINE GRIM and LINDEN G. GRIM, foregoing Deed, bearing date of ,411y appeared before me and acknowl aforesaid. �Ij Given under my hand this My Commission expires se names are signed to the �� 19 have persc 1 ed the same in my State and day of NOTARY PUB I -3- J L1 z F4 �\� �r fir. •''��,�,.`�� ill lili�`.1Y��.• 1 JACK C. WILLIAMS, e , VIRGINIA � 0,1j"I } NI3 S produ m to me on tray an with eriificat° f ac' thereto ms ac4 ;i'r-f r �Z:. u tv r i Cl , R£COU,J BOOK. — PAGE 'TcKEE AND ATTORNEYS AT L..1.Y+ - WI.\C'HE8TER,VlRCIItiih 11 souTil BMB:smb 1-13-76 0157H 4,53 FAU 5S 5 THIS DEED OF CORRECTION, made and dated this 12th day of January, 1976, by and between JOSEPH M. WILLIAMS, JR. and GLADYS T. WILLIAMS, his wife, HILDA W. REID, widow, and MABEL KATHERINE GRIM (being one and the same as Mabel W. Grim) and LINDEN G. GRIM, her husband, and JACK C. WILLIAMS and MARY M. WILLIAMS, his wife, and JOHN M. WILLIAMS and BARBARA Y. WILLIAMS, his wife, and GILBERT T. WILLIAMS, single, parties of the first part, hereinafter called the Grantors, and JACK C. WILLIAMS and MARY M. WILLIAMS, his wife, parties of the second part, hereinafter called the Grantees. WHEREAS, by Deed dated July 3, 1973, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 412, at Page 527, Joseph M. Williams, Jr., et al attempted to convey certain property described therein to the parties of the second part; and, WHEREAS, certain owners of the said property attempted to be conveyed therein were inadvertently omitted; and, WHEREAS, it is the desire of the parties hereto to correct said error. NOW, THEREFORE, 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 acknowledged, the Grantors do hereby grant and convey with general warranty of title unto the Grantees, in fee simple, jointly as tenants by the entirety with right of survivorship as at common law, it being intended that the part of the one first dying should then belong to the other, his or her heirs or assigns, all of that certain lot or parcel of land, together with the improvement thereon and the appurtenances thereunto belonging, fronting MCKEE AND BUTLER on the Northern Boundary Line of "The Frontage Road (extending ATTORNEYS AT LAW WINCHESTER. VA. 22601 I YOUTH CAMERON STREET Eastwardly from the Apple Pie Ridge Road - RT. 739 - just North 1�. MCKEE AND BUTLER AITORNEY6 AT LAW WLNCIIESTER. VA. 22601 11 SOUTH CAMERON STREET 00 ;K 453 F,��E 5IS, 5 of Rt. 37) and the Northern Boundary Line of a 40.0 Ft. R/W (Extending Eastwardly from the said Frontage Road), lying and being situate in Stonewall Magisterial District, Frederick County Virginia, containing 5.00 Acres, and more particularly described by plat and survey of Lee A. Ebert, C. L. S., dated June 22, 1973, of record in the aforesaid Clerk's Office in Deed Book 412, at Page 530, and being a portion of the same land devised to Melissa C. Williams and Joseph M. Williams, Jr., Hilda W. Reid. and Mabel Katherine Grim; by Will of Joseph M. Williams, dated February 18, 1952, and probated on May 27, 1963, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Will Book 65, at Page 183, and further being a portion of the same land which passed by intestate succes: to Joseph M. Williams, Jr., Hilda W. Reid and Mabel Katherine Grim upon the death of the said Melissa C. Williams on February 11, 1964; and further being a portion of the same land which the said Mabel W. Grim, et vir, conveyed a life estate to Joseph M. Williams, Jr. and Hilda W. Reid, with remainder interest to John M. Williams, Jack C. Williams and Gilbert T. Williams, by deed dated May 20, 1971, of record in the aforesaid Clerk's Office in Deed Book 376, at Page 507, and further being a portion of the sane property that the said Hilda W. Reid conveyed a life estate to Joseph M. Williams, Jr. and Mabel W. Grim, with remaind interest to John M. Williams, Jack C. Williams and Gilbert T. Williams, by deed dated June 17, 1971, of record in the aforesaid Clerk's Office in Deed Book 377, at Page 592. Reference is made to the aforesaid plat, will and deeds for a more particular description of the property herein conveyed. This conveyance is made subject to all easements, rights of way and restriction of record affecting the subject property. -2- 3io �r 0ool-y6-i b MCKEE AND BUTLER ATTORNRT9 AT LAN W1NCx1C8TRR. VA. 22601 11 SOUTH CAMERON STREET nox 453 PALE 5'5' 7 The Grantors do hereby covenant that they have the right to convey to the Grantees; that the Grantees shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and they will grant such further assurances of title as may be requisite. WITNESS the following signatures and seals: AMA '(SEAL) M. WILLIAMS, JR.- f f �Ctiyt.J (SEAL) GLAPY/ IT. WI ILL AMS —(SEAL) HILDA W. REID MABEL KATHERINE GRIM, (SEAL) LINDEN G. GRIM (SEAL) K C. WILL AMS ` %4 //�� �I /lft l/ I�/!%S (SEAL) MARY i.'WILLIAMS ?1 �'� 7t _ J . �L> ..�7 ( SEAL) (SEAL) "BARBARA Y. W� LIAMS (SEAL) GILBERT T. WILLIAMS STATE OF VIRGINIA, OF , , to -wit: I a Notary Public in for the State and C ,� aforesaid, do hereby certify that JOSEPH M. WILLIAMS, JR. an GLADYS T. WILLIAMS, his wife, HILDA W. REID, widow, and MABEL KATHERINE GRIM and LINDEN G. GRIM, her husband, and JACK C. WILLIAMS and MARY M. WILLIAMS, his wife, and JOHN M. WILLIAMS and BARBARA Y. WILLIAMS, his wife, and GILBERT T. WILLIAMS, whose names are signed to the foregoing Deed of -3- MCKEE AND BUTLER ATTORNETR AT LAW WINCHERTER. VA. 228e1 11 SOUTH CAMERON STREET Correction, bearing date of January 12, 1976, have personally appeared before me and acknowledged the same in my State and ,� aforesaid. Given under my hand this /2C1 day of , 1976. My commission expires J� NO ARY PUBLI ;41 P.' •', ; RCDf'RICK COUNTY, SCT. l h s in:, rui lent of wri;int a•as produced to me on the day 1SQ ..._. of C t eJ�.1....t..:.:.1.. and with certificate of acknowledgment therpt annexed was itCed , -4- Clerk. '�,� �-�. t,�S .> . �` � .� -i ,J <.� . 0 0(4 - g(o f F9 ANDERSON. LARRICK & LARRICK ATTORNEYS AT LAW WINCHESTER. VIRGINIA IK588Pc238 THIS DEED made and dated this 8 d day of January, 1985, by and between MARSHALL MILLS, INCORPORATED, a Virginia corporation, of the one part, hereinafter called the Grantor, and JACK C. WILLIAMS and MARY M. WILLIAMS, his wife, of the other mart, hereinafter called the Grantees. WITNESSETH: That for and in consideration of the sum of Ten ($10.00) Dollars, and other _good and valuable considera- tion, the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey, with general warranty and English covenants of title, unto the Grantees, jointly, as tenants by the entirety, with the right of survivorship, as at common law, all that certain lot or parcel of land, together with all rights, rights of way and appurtenances thereto belonging, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, and more particularly described and designated as Lot No. 1, containing 5.695 Acres, on that certain plat and survey of J. R. Nicely, C.L.S., dated October 11, 1976, attached to and made a part of that certain Final Plat, Section One, Spring Valley Subdivision, dated November 24, 1976, of record in the Clerk's Office of the Circuit Court of Frederick County, Vir- ginia, in Deed Book 467, at Page 40, and by Corrected Deed of Dedication dated May 19, 1977, recorded in said Clerk's Office in Deed Book 474, at Page 400. This is a portion of the same property conveyed to the Grantor herein by Deed of Joseph M. Williams, Jr., et als, dated January 13, 1976, of record in the aforesaid Clerk's Office in Deed Book 453, at Page 546. ON 41- � ANDERSON. LARRICK & LARRICK ATTORNEYS AT LAW WINCHESTER. VIRGINIA s S88PG239 This conveyance is made subject, however, to all rights of way, easements and/or conditions of record, if any, affecting the aforesaid realty. WITNESS the following signature and seal: MARSHALL MILLS, INCORPORATED By: .1 (SEAL) P. Darlington President STATE OF VIRGINIA, AT -LARGE, ECOUNTY OF ������ , to -wit: The foregoing instrument was acknowledged before me Al this day of January, 1985, by J. P. Darlington, President of Marshall Mills, Incorporated, a Virginia corporation. My commission expires _4 -0i Notar -Public tics produced 915"-� me T.:is irstrkn:.ent of wziting t / a d,;y cf tC c v j:a h �' of ackno ad meat thereto arms {9' . W!, c �t.�� ar { d to record. Ta:,, LnPosryj py arc. �d-w � 1 of and 5,�- have been paid, if a seEsabie LJ � Clem - 2 - f A COUNTY of FREDERICK IDepartment of Planning and Development Robert W. Watkins - Planning Director 703/665-5651 April 2, 1986 TO: THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) RE: The application of Jack C. Williams FOR: 5' variance for a two -stall horse barn on Route 734 in the Spring Valley Subdivision This variance request will be considered by the Frederick County Board of Zoning Appeals at their meeting of April 15, 1986 at 3:30 p.m., in the Board of Supervisors' Meeting Room, the Old Court House, 9 Court Square, Winchester, Virginia. Any interested parties having questions or wishing to speak, may attend this meeting. Sincerely, Robert W. Watkins Director RWW/rsa 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 C;G4-�6-�3 This is to certify the the attached correspondence was mailed to the following on April 2, 1986 from the Department of Planning and Development, Frederick County, Virginia: WILLIAMS, JACK C- RT, 8 bOX 1114 WINCHESTER, VA. E MARY M. 226 1 LAKE, ROBERT W. C PEGGY K. 1210 CAROLINE STREET WINCHESTER, VA. 22601 OUANSTR'OM, CARL R. L NANCY J. P. 0. 6OX 1909 WINCHESTER, VA. 22601 STATE OF VIRGINIA COUNTY OF FREDERICK MARSHALL MILLS, INC. RT. 6 i3OX 173 AINCHESTER, VA. Z«6u1 Jerry and Kathy Boyar Route 5, Box 675 P•0, i3�c. 1�17 Winchester, Virginia 22601 Robert W. Watkins, Director Frederick County Dept. of Planning 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 , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this My commission expires on day of NOTARY PUBLIC , 1986.