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HomeMy WebLinkAbout09-86 Albert Weinmann Jr - Shawnee District - Backfilez von46- COUNTY of FREDERICK IDepartment of Planning and Development Robert W. Watkins - Planning Director .703/665-5651 May 28,1986 Mr. Albert.C. Weinmann, Jr. 1324 Idylwood Drive Winchester, VA 22601 Dear Mr. Weinmann,Jr.: This Letter is to confirm the Frederick County Board of Zoning Appeals' action at their meeting of May 20,1986. Approval of Variance Application #009-86 of Albert C. Weinmann, Jr, for a 4'6" side yard variance for an attached garage. This property is located in Heritage Hills Subdivision and is designated as Parcel 82 on.Tax Map 54-H in the Shawnee Magisterial District. If you have any questions concerning your variance,'please do riot hesitate to contact this office. Sincerely, _ Robert Watkins Director RWW/tiv 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 0 O Cr---A-'). VARIANCE #009-86 Albert C. Weinmann, Jr. 4' 6" Side Yard Variance LOCATION - 1324 Idylwood Drive (Heritage Hills Subdivision) MAGISTERIAL DISTRICT - Shawnee TAX MAP & PARCEL NUMBER - Tax Map 54-H, Parcel 82 LAND USE & ZONING - Residential land use and RP (Residential Performance) zoning PROPOSED USE & IMPROVEMENTS - Attached garage VARIANCE - 4' 6" side yard variance REASON FOR VARIANCE - The house was originally placed a little too far from the left property line. The property has unusual angles. The garage would be too close to the right (east side of property). BACKGROUND INFORMATION - The applicant proposes to construct an attached garage (addition) to the existing dwelling located 5' 6" from the adjoining property line. The RP (Residential Performance) District requires 10'. Therefore, a 4' 6" side yard variance is required. STAFF COMMENT - A detached structure (garage) is required to be 5' from adjoining property lines. A building permit is required prior to construction. OCO q - 096-3 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA Variance Application No. 009 �8�0 Submittal Deadline is 8� Application DateFor the Meeting of Fee Paid 00 1. The applicant is the (owner) (other) (check one) NAME:&1361�T C, Ci/N/�'{A�/'�J, OCCUPANT: (If other than applicant) ADDRESS: f 3 may, I (.WaoD &R.1 L< NAME: VA ADDRESS: _ TELEPHONE: ?'/ TELEPHONE: 3. The property is located at (please give exact directions) -FA Lf Po f� 'v Vc-ADG b1z,0E .?J2rl LL►=T otA 105� D210t TO VJU-AG,� �,� iJ2►J t-t� b_GrJTp 'J1LLArEI,zA4i. f1DiU-- Ta " 'S AEC.i 60 PuMlT, �bLJLLJoo;; -IUW R� 6.H-, s3P-N H03�,c ON LI=fT iS wl Rc� D�o^�. soLAR FaNcc�s� N�,ct%� ���GS The property has a frontage of O' `f f eet and a depth of /53.719 feet and consists of acres. (Please be exact) The property is owned by� ANNA A. c k:►N,-JAJJ as evidenced by deed froms',,aR.(,F_cc;,e.�1 JA�� �,.C-QcG.?y recorded in deed book no. Vy(, on page tij , registry of the County of FR&0Er2,4G,k_ 6. This property is desi nated as parcel no. (5Z, on tax map no. -in the { EX--- Magisterial District. , 7. Property Identification Number: 5+-Roc) - col - ccco - ow l^ 8. The existing zoning of the property is: Nr- 9. The existing use of the property is: FWL�( 10. The adjoining properties zoning is: , 11. The adjoining properties land use is: 0POQ- 12. Describe the variance sought in terms of distance and type. (For ex mpi-� 7 A 3' rear yard yya��riance fo an attached two car garage.) . / 51n�- \FAT \fY� �P -Ar i ..t '-rt ,V) 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 oast GJAS PcAccO A I-ITTLL-_ Too FA(Z -F2c,m_ L 6 F T IS 6- M`1 PP-,)PE2-�1/ HAS JIJ0 �0AL._AN_OL&-S . GAQ-A6L c.JoJ,b i3r Toc C'LI-Sc To A, (,14 -) -, De- 0F MWE4Z77 HCY;,)k01 P 11w Tel C-6 r E . J Page Two Variance OOq -96 -W 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 Si ►YI1� � Address: _ Property ID#: !�"C)-00- M--r-) - QM I - C077 -0 2. Address: _rDL.I,t WD ,l Property I #: ��bo - 6b1-- o� - CM 1 naess� LL"D 4p C 5 Add ess: PAW ID?:ow ( _ai =E NI ��J►'�T�P-�/ d� ri e�-l--CJ[ Property Address: f z u # :-A- � 774� r 6. 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 tra smitte are true. Signature of Applicant: —Date��5� Signature of Owner: Date "t' a�'11-' For Office Use Only �/C BOARD OF ZONING APPEALS PUBLIC HEARING ACTION OF (date) 6- 0 Approval Denial CHAIRMAN: `7�' G%Y►`J O 69, -96=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 o v r IAddi i♦--0 o � lion a ,PropertyLine ----------------------=Center of Rood------_ Rood SHOW THESE MEASUREMENTS e7. I I I I I I I I I 1 I I I �1eP; ;cr— AccePreS By co, CLE Rk5 o FFGr o j 1804jNoR4y As Pe,1. SF,+►� Ra5'.7,414L f ptR.ECc::'r IN 19Zs. 8"�.'/YAD✓Sri . � ijoT>oryl p7:;.:�uQi, T!{iS I'>1�i5vrZfS C.AQcc-r'7 FAo i /Ror+ JPIKC 1uti►O• -- X6 L WORD l VE NO Ec^ueitf ^r / N1 ,- ! ,er I LAND DakjATda �a I .SH"AraP<j-A14 r� I f r,VSIG aye s' (UNocc.UPie-6) Addition ; 2`�� 7 � " [ . >_ � 3 I iu c I! Marken Sro J ,'ke titer c,F road oe od ,C-•I o/ Turn?/rn 9 Sr-v _­e JQ0 - J T • i Sao 9oc�: 543 40 I N 38. Id 10' E — 150.00' N 51. 44 50" W — 80.0d N 38.21' 5611 E — 20.88' N 63. 44 5011 W — 82.38t OTHER LAND N 381 10I t0" E — 194.70 N 51• 49� 5d' W — 42.63' 59,759 . I S 51. 44 50" E — 24.96�-�—5-38•I 10� 10�� — 1947 } i Q � I.P. FOUND S 3_80 Id 10P W — 153.75' o j LOT 96 I I.P. (FOUND) R/R�PI11 PT. BEG. J Q _ LOT 82 0 0 0 VARIANCE GRANTED The above plat is a survey of a portion of the land conveyed to James R. Wilkins and Carlin Smith, December 23, 1980 in Deed Book 531 - Page 133.. The said Land lies at the F- rn oco O .J Eastern end•of •Idyluood Drive, Heritage Hills Subdivision -Section 1 , Shawnee District, Frederick County, Virginia. Beginning at a railroad spike in the Property Line of Idyluood Drive and corner to Lot 82. Thence with Idyluood Drive S 510 49, 50" E - 24.96' to an .iron pin at the end of Idyluood Drive; Thence along the said end of -Idyluood Drive and Lot 96 S 380 10' 10" W - 194,70'.to an iron pin(found) in the line of Lot 91; Thence with Lot 91, Lot 90 and Lot 89 S 510 49, 50" E - 1?8.18' to an iron pin corner to the Other Land of Wilkins and Smith, !hence with the said Other Land N 380 10' 10" E - 194.70' to an iron pin; Thence N 510 49' 501, W - 42.63' to an iron pin, Thence 11 380 10' 10" E - 150.00' to an iron pin; Thence N 510 49' 50" W - 80.00' to an iron pint Thence N 380 21' 56" E - 20.68' to a point corner to Lot 76, said point being S 17° 39' 00" W - 0.23' from an iron pin(found); Thence with Lot 76 and Lot ?7 N 63° 49, 50" W - 82.38' to an iron pin(found) corner to Lot 82; Thence with Lot 82 S 38° 10' 10" W - 153.75' to the point of beginning. Containing - 59,759 SQ. Ft. NM Et Also shown on the plat in dashed lines is a 60' R/W leadingCSU from the Eastern end of Idyluood Drive thru the said Parcel to the other land of Wilkins and Smith. Surveyed -December 29, 1980 N-A1itCOEPrK COUNTY, SCT. 1 rut Intl,urMn1 OI wA.InY ^at tXOduC.Q 10 Rl• on th• 3a uy OI 7 d—Z!! 9R� fz�►, anG wltn t;erUllcal4 d acxnowl�demenl Cwrta anno�wd was ads1J:1M to I,:o,tl. Lev 1 y O O! 46-100 424 Pact 505 s�9•-S� E ri rj 70 o /.So 00 BRoo* ^ B7. 9Z 11. 6t 3B 6 . ,ao• N� ti h n v h ,\ � c� . � �n . 0 0 � 60 • Raj'✓ � �-�. � -. -Pi-- /0000 0 S�/Q9 r'P6s'r 0 ' II .3►o a � � 9 q � � �-� G •�0 7 "1 ,O i0000' I 61 x I v 0 �l! -' o. GG 5-C2 E iCy >� 'Q�-C ?��. � I� � h �3 h G /i�ot•0 p� G � hG `' yam.. /.03 � � ,ah 2 .►�h � �,o © � � S'Q • o .�i4� � � 3� �Z•ps -�3•� � n 3 I so opt 5 0 1 � o � a • ao • � /t 3G/ 0 `U csoo _ s � � %o l l oolZ h .cam/s� ti 8 7 0 v E'a'�srivG , too t� Ir) 2zoo 3 � c.-as co. v,�odp. � �j� 4� `J-fi S�'Q • JS- �/ - 1 .Sf/EET 2 0� S E CO 094 ( k aoN 456 ea 175 THIS DEED, made and dated- i �,�_.(. ,� 1976, is by and between John R. Gregory, trading as The Rouss Co. , and Jane L. Gregory, his wife, parties of the first part, hereinafter referred to as the Grantors; and Albert C. Weinmann, Jr. , and Anna A. Weinmann, his wife, parties crf the second part, hereinafter referred to as the Grantees; and The Commercial and Savings Bank of Winchester, ' Virginia and F. L. Largent, Jr., Trustees, parties of the third part. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10. 00) and other valuable considerations, the receipt of all of which is hereby acknowledged, the Grantors do hereby grant and convey with General Warranty of Title and with English Covenants of Title unto the Grantees, in fee simple, as tenants by the entirety with the right of survivorship between them as that common law, all of that certain lot of land, together with the improvements thereon and the appurtenances thereunto belonging, lying and being situate in Shawnee District, Frederick County, Virginia, and shown and designated as Lot 82, Heritage Hills Subdivision, Section 1, on a plat of re- cord in the Office of the Clerk of the Circuit Court for Frederick County Virginia in Deed Book 424 at Page 505, and being a portion of the land conveyec to the Grantors by Vista Enterprises of Winchester, Inc. , a Virginia corpora- tion, by Deed dated December 17, 1975 and recorded in said Clerk's Office in Deed Book 452 at Page 663. FOR VALUABLE CONSIDERATION RECEIVED, the parties of the third part hereby join in this Deed for the purpose of releasing, and they do hereby release, unto the Grantees the herein conveyed land from the lien of that certain Deed of Trust dated December 17, 1975, and recorded in said Clerk's Office in Deed Book 452 at Page 667, from the Grantors to F. L. Largent, Jr. , et al, Trustees, either of whom may act, to secure an obligatioi aun ;,iaJU MA 1 J v therein set forth payable to The Commercial and Savings Bank of Winchester Virginia, it being specifically provided that the lien of said Deed of Trust shall remain in full force and effect as to the remaining land therein describe and not specifically released hereby. This conveyance is made subject to duly recorded and enforceabl4 restrictions as shown on that certain Deed of Dedication dated December 12, 1973 and recorded in said Clerk's Office in Deed Book 424 at Page 497, except for Restriction (a) which provides: No dwelling house shall be constructed on any lot at a cost of less than $18, 000. 00, exclusive of lot costs, nor having a foundation area of less than 1, 000 square feet, or 1250 square feet, if including a car port or garage, or 1800 square feet for a 2-story or split level home developing both floors. Said cost figure is based upon the Bureau of Labor Cost of Living Index as of the date December 1, 1971, and is to be adjusted in accordance with changes in said index in the future; which restrictions are of record in the aforesaid Clerk's Office in Deed Book 424 at Page 497, and to all easements and rights -of -way, if any, affecting title to the said property. The parties hereto join in the execution of this Deed for the ex- press purpose of waiving that portion of restriction (a) which requires that no dwelling house shall be constructed at a cost of less than $18, 000. 00 as to this lot and all other lots in the subdivision. WITNESS the following signatures and seals: (SEAL) John R. Gregory, t/a The Rouss Co. _ (SEA L) ;Jane L. Gregory -r 1----(SEAL) Albert C. Weinmann, (SEA L) Anna A. 11'einmann - 2 - !d L, cc),--, -E-r-- to -� _� THE COMMER CIA L�ND SA �., Awl ES,T: A-ANKBY STATE OF VIRGINIA COUNTY OF FREDERICK, to wit: S (SEA L) rustee a Notary Public in and for the jurisdiction aforesaid, hereby certify that John R. Gregory, t/a The Rouss Co., and Jane L. Gregory, his wife, whose names are signed to the foregoing Deed dated `�Mw'r C, —, 1976, have personally appeared before me in my jurisdiction aforesaid and acknowledge the same. Given under my hand q1 ccrJ'� • �� � C���—' i My commission expires 11�L T Notary Public STATE OF VIRGINIA COUNTY OF FREDERICK, to wit: a Notary Public in and for the I ��G�cr✓ n c�,�' �.. , jurisdiction aforesaid, hereby certify that Albert C. Weinmann, Jr. , and Anna A. Weinmann, his wife, whose names are signed to the foregoing Deed dated %ir.��.`� , 9 1976, have personally appeared before me in my jurisdiction aforesaid and acknowledge the same. Given under my hand � _ My commission expires �l Notary Public l STATE OF VIRGINIA COt':,ZTY OF FREDERICK, to wit: -3- vd9 -86-r f 600lCn 4553 aru . !8 a�Notary Public in and for the jurisdiction aforesaid, hereby certify tha %'1LC� ^ ZC.�sj �� and the and L.respectively of The Commercial and Savings Bank of Winchester, Virginia, whose names are signed to the foregoing Deed dated 21, -/ ,. _�7 3 1976, have personallyappeared before me in my jurisdiction aforesaid and acknowledge the same. Given under my hand i My commission expires n Notary Public STATE OF VIRGINIA COUNTY OF FR EDER ICK, to wit: I' T , '."� n m�, a Notary Public in and for the jurisdiction aforesaid, hereby certify that F. L. Largent, Jr. , Trustee, whose name is signed to the foregoing Deed dated 3 1976 has personally appeared before me in my jurisdiction aforesaid and acknow- ledge the same. Given under my hand a3 /9) 9 My commission expires 3� 9 1� O � 1 Notary Public ` ,1933INLA FREDE31C CJU.-ITY, SCT. T..is ir.stn:rr:erit of Vnaing was produced to me on the d,y of.— t! 19' , _ —,at and with certi:icata of acknowLdgment thereto anne cad was �d mitred Jo�rocord. Tax i_np,)sed oy Sac. d3-o4.1 of $ - and S::-54 have been paid, if assessable. ✓�� C1c-rk. . 4 - 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 Albert C. Weinmann, Jr. FOR: A 4.5' side yard variance for an attached two —car garage at 1324 Idylwood Drive 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 005 - &6 - 0 This 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: Albert C. Weinmann, Jr. 1324 Idylwood Drive Winchester, Virginia 22601 Frank 0. & Carol A. Simmons 376 Huntcrest Road Winchester, VA. 22601 John D. & Laurie G. Hines 1316 Idylwood Drive Winchester,: VA. 22601 Norman F. & Joan Wright, Jr. 1315 Idylwood Drive Winchester, VA. 22601 Charles K. & Eleanor E. Frame 1323 Idylwood Drive Winchester, VA. 22601 Shenandoah College & Conservatory of Music \ Millwood Pike Winchester, VA.- 22601 Robert W. Watkins, Director Frederick County Dept. of Planning STATE OF VIRGINIA COUNTY/qF FREDERICK a Notary Public in and for the state and count aforesaid, do hereby certify that Robert W. Watkins, Director of the Department of Planning and Development, whose name is signed to the foregoing, EEJJ% dated / , lllb , has personally appeared before me and r acknowledged the same. in my state and county foresaid. Given under my hand this t.; day of 1986. My commission expires on ���j�/��_�j?�Gf✓ , / I V-�Zjl NOTARX PUBLIC t coney-a-<</ ., VIRGINIA FRFRFRICK CTUNY, (SM This Instrument of jrrriting eras produced Ao me on the., _ S— _:r-day off.; .:�: 19'-;- - at ..=� and with certificate of acknoviledgment thereto annexed was admitted to record CLERK RECORD BOOK ------ PAGE _--_-_--7,5------_--- 00 g- CY6-1�r Our property borders land owned by Shenandoah College and Conservatory of Music. It is zoned Residential. It was donated to the college by Mr.James Wilkins Sr. Ile have lived at 1324 Idylwood Drive for ten years and have no plans to reside elsewhere. With Mr. Wilkins permission we have maintained a section of the property adjacent to ours, mowing, gardening, and keeping its- appearance to the neighborhood in good order. No one has ever removed trash, litter, thorney bushes or poison ivy from the property but me. On a number of occasions I have called the Sheriffs Department to have dirt bikers removed from the property. I have also removed youngsters playing with matches and posing a problem with brushfire. This also has occured several times in ten years. The bikers seem to be an ongoing problem. Much improvement is needed to bring this land to a state whereby homes could be built on it. Last year Mr John Horne told me that in order to sub divide, the land must be improved. Water runs freely out of the ground at the culdesac to the stream below after a rain. I'm sure that we pose no threat to future development of the neighboring property. I ask that we be permitted a 42' sideyard varience to build our attached garage. 3A�� % ,7 The original line bordering the college property, then owned by Mr. Wilkins was presented to me ten years ago by the builder as being at the site of my hedge. When I looked at the plat of the college's property, it stated that our properties were divided by a railroad spike. I used a metal detector to locate that spike under about 12 inches of asphalt. The photo showsthe location marked with a red flag,(arrow points to flag). 80'4" measured from this spike reaches the left bottom marker of our property. (MCI -Y6 -/(. We consider the addition of a 24' X 24' attached garage to be the equivalency of the basement rec room that we lack. With a family of six,'there's just no room for a play area in our home. This garage will be used to house automobiles, and protect my cartop boat from being stolen..(it is currently chained to a tree). The garage will be a recreation area for all of us,for table tennis and indoor games and picnic gatherings. No workbench or chemicals will be kept in it. We are located on a hill near water.. During cold times we have problems with abnormal ice and frost build up on our vehicles. Roy work takes me out very early to report local road conditions to the public. It would be of great advantage to be able to leave my home and begin reporting in a vehicle free of ice on the five receiving and broadcast antennas,and on the windows.