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HomeMy WebLinkAbout07-86 Dennis J & Katheryn J Lewis - Stonewall District - BackfileCOUNTY of FREDERICK IDepartment of Planning and Development Robert W. Watkins - Planning Director 703/665-5651 May 28,1986 Dennis J. and Katheryn J. Lewis HC 38, Box 116 Winchester, VA 22601 Dear Mr. and Mrs. Lewis: This letter is to confirm the Frederick County Board of Zoning Appeals' action at their meeting of May 20,1986. Approval of Variance Application #007-86.of Dennis J. and Katheryn J. Lewis for a 2' side yard variance for a room addition to house and attached garage. This property is located on Welltown Pike and is designated as Parcel 9 on Tax Map 43-A in the Stonewall -Magis- terial District. _ If you have any questions concerning your variance, please do not hesitate to contact this office. Sincerely, Robert Watkins Director RWW/tiv 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 00-7- ff(,�-D, VARIANCE #007-86 Dennis J. & Katheryn J. Lewis 2' Side Yard Variance LOCATION - 1.6 miles from Route 11 North, on Welltown Pike MAGISTERIAL DISTRICT - Stonewall TAX MAP & PARCEL NUMBER - Tax Map 43-A, Parcel 9 LAND USE & ZONING - Residential and open land use and RP (Residential Performance) zoning. PROPOSED USE & IMPROVEMENTS - Room addition to house and attached garage VARIANCE - 2' side yard variance REASON FOR VARIANCE - Due to the location of the house and septic field on the lot, an addition could only be added to this end of the existing structure. BACKGROUND INFORMATION - The applicant wishes to construct an attached garage (addition) to the existing dwelling located 8' from the adjoining property line. The RP (Residential Performance) District requires 10'. Therefore, a 2' side yard variance is required. STAFF COMMENT - A detached structure (garage) is required to be 5' from the adjoining property lines. A building permit is required prior to construction. O0-7-d(o- 3 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA Variance Application No. C)07-&p Application Date Fee Paid Submittal Deadline is A/'/C/G o95 Rn' For the Meeting of 1. The applicant is the (owner) ./ (other) (check one) 2, NAME: j: - ;5 OCCUPANT: (If other than applicant) ADDRESS: NC-,jht.,_ Ili-- NAME: VFW 2zl6cl ADDRESS: TELEPHONE: [��3) �,��-yQcS TELEPHONE: 3. The property is located at (please give <:�xact directions) _ 4. The property has a frontage of /eZ feet and a depth of �p - feet and consists of % acres. (Please be exact) 5. The property is owned by A/Ntt T-+ Sas evidenced by deed from _;A Ps S,C(��f(�/t� recordedl in deed book no. on page �7Z _, registry of the County of rre7)e&&,� 6. This property is designated as parcel no. q on tax map no. 43-A in the Magisterial District. (5e c - N-) 7. Property Identification Number: y3i9Q0-QQp2-QCOX-peo5!- 00o9'a 8. The existing zoning of the property is: E P 9. The existing use of the property is: ESIPE U7-14 L 10. The adjoining properties zoning is: '�&L I?pC=n/'7-j/4c 11. The adjoining properties land use is: — &4t'IF In7- 12. Describe the variance sought in terms of distance and type. (For example - A 3' rear yard variance for an attached two car garage.) 13. List specific reas6n(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 60-7--�� 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. /i�A�sO�iE Gum Address: i;�r ! e,% 2qI-A 7- Property ID#: (20- 4 00 - 0000 2. nhuSSe( Address: -j;, 1 'BaX (Ne-at,4 zz z Property ID#: 4 AoO - o - 000 - oo voo -d 3. e Address: Property ID# qS4a0 -OOz- - O cc0-o `l- C70 D-o 4rp'r/eS } /ARGA2 Address: Si ee 15x SSS U O Property ID# : 434o -aaz-o ao- oo - aOdi-o 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 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 trap,slnitted are true. Signature of Applica Signature of Owner: of Date 4 /Sz&s- Date S/ / - S For Office Use Only BOARD OF ZONING APPEALS PUBLIC HEARING ACTION OF (date) U �� Approval Denial CHAIRMAN: d 0 7- �-6-5_ 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 v m T N Add' 0 � ion � a Property Line '----------------------Center of Rood ------- Rood SHOW THESE MEASUREMENTS c e 568Pc572 T1-4 THIS DEED, made and dated this 17 day of 1983, by and between JAMES A. SHANHOLTZ and BRENDA B. SFANFOLTZ, his wife, hereinafter called the Grantors and DENNIS J. LEWIS and KATHERYN J. LEWIS, his wife, hereinafter called the Grantees. WITNESSETH: 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 Grantors do grant and convey, with General Warranty and with English Covenants of Title, unto the Grantees, as tenants by the entirety 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 situate in the Stonewall Magisterial District, Frederick County, Virginia, being situate on the East side of Virginia Secondary Highway No. 661, and more particularly described as Lot No. 9, Section Four;, Russell's Paradise Subdivision, a plat of which, dated March 8, 1973, revised April 26, 1973, drawn by Charles H. Kirkland, C.L.S., is of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 410, at Page 280; and being the same property conveyed to the Grantors herein from William E. Russell and Anna Mary Russell, his wife, by deed dated April 15, 1975 of record in the afore- said Clerk's Office in Deed Book. 442, at Page 747; the Grantors do further grant and convey a certain appurtenant easement for the purpose of ingress and egress to and from the subject lot over that certain strip of land thirty (30) feet in width, lying contiguous to the Western Boundary of Lot 9, said easement to be used in common with the Grantors, their successors and assigns. Reference is here made to the aforesaid plat, deed, and the references contained therein for a further and more ular description of the property ed herein. SCULLY, THROCKMORTON 8 MCCANDLISH ATTORNEYS AT LAW 20 SOUTH KENT STREET WINCHESTER, VIRGINIA 22601 00-7 - e6 -'7 SCULLY, THROCKMORTON A McCANDLISH ATTORNEYS AT LAW 20 SOUTH KENT STREET WINCHESTER, VIRGINIA 22601 BK566PG573 This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty; and particularly those contained in that certain Deed of Dedication, dated June 1, 1973 and the Addendum to Deed of Dedication, dated June 12, 1973 of record in the aforesaid Clerk's Office in Deed Book 410, at Page 270, and Deed Book 411, at Page 176, respectively, which restrictive covenants are by this reference incorporated herein as if set out in full. WITNESS the following signatures andZ,-sea�s: STATE OF VIRGINIA ( SEAL) AMES A. /�� / 7 l ( ) .�if ��7iflie_ ��� '.. SEAL BRENDA B. SHANHOLTZ C'G'r1HG(Jt` Ft3G 1 H T , To -wit: I, �1/� �z�C>r't)i�� ► a Notary Public, in CGjHC� aforesaid do herebycertify and for the State and LvL.,q�rt� Y that JAMES A. SHANHOLTZ and BRENDA B. SHANHOLTZ, his wife, whose names are signed to the foregoing Deed, bearing date TH 1983, have this day personally the _�_ day of ,l,'C 1, � Y P Y appeared before me and acknowledged the same. rN Given under my hand this 17 day of' ,l,'(-_� V 1983. My commission expires F --P, �G )9 $ 4 c. otary Public �zRGIlicll'i►LULi1iC� COUNTY, SST. This instrument of wining was produced to me on the 1L,d:�y c 2- , 19 g 3 , at nd with cedilicato of acknowlodgment thereto annexed was I:.dmilied to record. Ta-x unposed by Soo. 53-A.1 of and S. -54 have been paid, if assessable. 00i-96 V COUNTY of FREDERICK IDepartment of Planning and Development Robert W. Watkins - Planning Director 703/665-5651 May 7,.1986 TO: THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) RE: The application of Dennis J. & Katheryn J. Lewis FOR: A 2' side yard variance for a room addition and an attached garage located 1.6 miles from Route 11 North on the Welltown Pike. This variance request will be considered by the Frederick County Board of Zoning Appeals at their meeting of May 20, 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, Robert W. Watkins Director RWW/rsa 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 C0746 ) Thl_s is to certify the the attached correspondence was mailed to the following on May 7, 1986 from the Department of Planning and Development, Frederick County, Virginia: LEWIS, DENNIS J. KAT'HRYN J. ` 1lC�3�8�, i3eX Illu WINCHESTER, VA. 22601 i I GUNTER, MARJORIE R. RT..1 BOX 249-A ICLEARBROOK, VA. ti 27624 I RUSSELL, WILLIA,M E._.-- & ANNA MARY I RT'• 1 BOX 44 CLEARBROOK, VA. 22624 CARTER, CHARLES L. L I-'IARGARET A. SILER RT. BOX 555 WINCHESTER, VA. 22601 0 Robert W. Watkins, Director Frederick County Dept. of Planning STATE OF VIRGINIA COUNTY EDERICK /� /A- �. jZ✓ , a Notary Public in and for the state and f� 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 ` %f U,r� , has ' personally appeared before me and acknowledge�the same in my state and county foresaid. Given under my hand this '�%, L day of f '} , 1986. My commission expires on NOTARY P BLIC z