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HomeMy WebLinkAbout11-86 Robert J & Mary Turben - Stonewall District - BackfileAugust 20, 1986 Mr. & Mrs. Robert Turben Sunnyside Station Winchester, VA 22601 Dear Mr. & Mrs. Turben: This letter is to confirm the Frederick County Board of Zoning Appeals' action at their meeting of August 19, 1986: Approval of Variance Application #011-86 of Robert J. & Mary Turben for a 19' 6" front yard (setback) variance and a 9` 6- rear yard variance to allow the lot to be big enough to build on located on Foreman Drive in Sunnyside in the Stonewall Magisterial District. If you have any questions regarding this variance, please do not hestate to call this office. Sincerely, G Robert W. Watkins Planning Director RWW/dll U 11 _e& �_ VARIANCE #011-86 Robert J. & Mary Turben LOCATION - Foreman Drive in Sunnyside MAGISTERIAL DISTRICT - Stonewall TAX MAP & PARCEL NUMBER - Tax Map 53A, Parcel 2 LAND USE & ZONING - Residential Land Use & RP (Residential -Performance) zoning PROPOSED USE & IMPROVEMENTS - Single Family Home VARIANCE - 19' 6" front yard (setback) variance and a 9' 6" rear yard variance REASON FOR VARIANCE - The applicant has stated that the lot is too small to currently use as a building lot BACKGROUND INFORMATION - The applicant is seeking a 19' 6" front yard (setback) variance and a 9' 6" rear yard variance of the RP residential performance zoning requirements. This lot has road frontage on Fore- man Drive and will require a 35' front setback with a 25' rear yard. STAFF COMMENT - The lot is a non -conforming lot of record. Prior to construction a building permit is required. 00-96 3 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA Variance Application No. Submittal Deadline is Application to '-- 8� For the Meeting of Fee Paid 1. The applicant is the (owner) (other) (check one) 2. NAME: �� �� j ,dl� OCCUPANT: ( If other than applicant) ADDRESS: -r' ,�h NAME: n r c�.-L� c ,� ��� ADDRESS: - - - - TELEPHONE: G �� z _ QTELEPHONE: 3. The property is located at (please give exact dir 4. The property has a frontage of _ 5(3_ feet and a depth of feet and consists of a�_L a.e-cs (Please be exact) s, , -P4 . 5. The property is owned by ko �,Q ,-+ '3`%,ter-� as evidenced by deed from ��� v,`, E, t-10 H- recorded in deed book no. ;-- on page 91 L , registry of the County of Wr�c 6. This property is designated as parcel no. on tax map no. 53140040oin the Magisterial District. , - 0 ' 12 5"3A00-A00-0000•-0000 -01180 7. Property Identification Number: S- 36.--C) C) -14 0 cd:? nn." 8. The existing zoning of the property is: & Q SQ, i'rt C-.V-' j . n VA cL L, 9. The existing use of the property is: e X -� T-Q., \ 0-f 10. The adjoining properties zoning is: R e_ c k , 1-1 le " -� t' n in cz, / . 1 1 . The adjoining properties land use is: k I . D e h 4-, `c vig,,t 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 reasons) why the variance is being sought in terms of: X exceptional narrowness, shallowness, ize 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 S. Page Two Variance 611-g-y 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: (Please list complete 21-digit number) NAME 1. S�0.r l-n.� 1 S�k�, 'fc�-rho Address —r ev 01`n Property ID# : '5_3 A O a-' o 0 0ii9-v 0 / - 2• '�'�� Sol�b Address: rt PropeID#: ADD- A QQ ._ cm ~ -Q/ l - 3• Z((a++-kcl.)a_ --ci etif S_ �`S �c /� Address: �'cxrc�LC, Cyr. v� S t- -vii 9- f.1 `0 �1 `11C or Property ID# . - Go-0CX- ._ / a-Q 4'S _gcLv� C l-c1I,,`�� Address: �. cauc(�s' C) its / Property ID# : ,;73Aa©-AG--CL-)nf}-Occ)O-0II3-© 5. Address: Property ID#: / -� 6. Address: Property 53A• o-A Q Q - - D 7. Address: Property ID#: CO ^4 00 - 8. Address: Property ID#: ,,�3400-inco -Qc oo - - oll 7- 9. Address: Property ID#: - - QQ - -cam - o 10. Address: Property ID#:. 15. Additional comments, if any J�.4-1 -=-0XP- oo)o - r"!i AA _ _ - - r / 1_1 - ! r 1) Y i '- L( vG 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: Date Signature of Owner: �-- Date For Office Use Only / BOARD OF ZONING APPEALS PUBLIC HEARING ACTION OF (date) 9y G = Approval Denial CHAIRMAN: o 11-96-s 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 a m >. t � IAddi-s ion � o o_ Property Line _—__Center of Rood RoadSHOW THESE MEASUREMENTS tkr I Y Jd/en b. 1 K CALL (rear) 7)3 2 ,YO / iron $ re�� L/ r� 24'# IZ 0C A P.tCE 219 ,. OLD ROADWAY N t ROUTE 7 LINE (\j �. N U.) a - � 730.88' 74 .28' cc LOTS FRONTING PURCELL Of - IAON Poll PT. "a. tM N 3 2 004' E— 57. t 2' Vi U) O W dw N �D D t3 ,� J r O � N C p60 ` 2r 897- SQ. FT. S � S Z 4' Slat* 50.00' SZ FT. ,_R / W 12.0 QY e,w� ROUTE 322 The above Plat is a Survey of the Northern Portion of the Land ( tsa no., 21 oonveved to Sam Hatt by Dead dated 1 March 1965 in Deed 308 Page 4360 The said nand fronts the Western Line of a 12.0 Ft. (Foreman Drive) extending Northwardly from LT. S. Rt. 522, at Sunnyside, i and lies in Stonewall District, Frederick Countyp Virginia; x� Beginning at an iron pin at the Southwestern corner% of the said Port- ion$ a corner to the Retained Portion, which pin is located by measuring 730.88 ft• Rortheastwardly along the original Patton - Stotler Line fram.Y. a point in the 'iorthern Line of the Old Roadway ( Old Rto # 7). also by measuring 743.28 Ft. Northeastwardly along the said Line from a poi*t in the Northern Line of U, S. Rto 522, running with the Eastern Line of the Lots fronting Purcell Drive N 320 041 E - 57.12 ft. to an iron pin corner to the Cecil C• Nfffleok lotj thdnoa ith the Southern Line of the sa Lot S SI 3u, E - 51000 fto to a stake in the weavers L-L116 oj. mud se..e RIW; thence with the said Line S 240 581 W - 50,00 ft, to an iron pin car - nor to the Retained Portion; thence with the Northern Line of the said Other Land N 650 021 W - 57o62 ft. to the beg ingo Containing - - 2097 Sqo Fto - -:tk I Surveyed - - - February 6, 1969. LEE A. EBERTp Certified Land Surve Ko , Comm. of Virginia # - .,K. iF -._,..: -�- ..�_r:_.-±ems•. - .. r BK578PG816 THIS DEED, made and dated this 21st day of June, 1984, by and between CALVIN ERNEST HOTT, SR., (divorced), party of the first, herein called Grantor; and ROBERT J. TURBEN and MARY F. TURBEN, his wife, parties of the second part, herein called Grantees. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, the receipt of all of I which is hereby acknowledged, the Grantor does hereby grant, sell and convey with General Warranty and English Covenants of Title unto the Grantees, tenants by the entirety with the right of survivorship as at common law, all of the following described pare• :1 of real the lying and being situate in Stonewall Magisterial District, i rederick County, Virginia, containing 2,,897 square feet according to a plat and survey of Lee A. Ebert dated February 6, 1969 of record in Deed Book 351, Page 219, and fronting along the Western line of a 12 foot right of way (Forman Drive) extending Northwardly from U.S. Route 522 at Sunny- ! side, and designated as Tax Map Identification No. 53A00-A00-0118 among the land records of Frederick County and being the same property conveyed, Ito the Grantor herein by deed of Mary Virginia Thom s, widow, dated December 8, 1983 and of record in Deed Book 569, Page 705 in the afore- I mentioned Clerk's Office. A reference is here made to the aforementioned deed and the plat and the references contained therein for a further and more particular description of the property conveyed. This conveyance is made subject to all legally enforceable ease- ments, restrictions, building lines and covenants of record, if any, affect- ing same. QK578PG817 WITNESS the follow. ng signature and seal: (SEAL) Calvin Ernest Hott, Sr. I,I I� �i STATE OF VIRGINIA CL;e ' to -wit: The foregoing Deed bearing date the 21st day of June, 1984, as acknowledged before me by Calvin Ernest Hott, Sr., this 1► II I day of 1984. II My commission expires /2,9;V/ A% otary Public 411GINIA FitDE IC:C COUNTY, SUE. This instrument o riting wss produced to me on the -W'day of �L 19 `� `i at and vrith certificat3 0 g c'rno d ment thereto anne.ted was admitted to record. Tay: iriposed t)y S<;c. 53-A- l of g n and 58-54 have been paid, if aasecsable. ztza_Clork, - 2 - August S, 1986 TO THE APPLICANT (s) and/or ADJOINING PROPERTY OWNER (s) The Application Of: Robert J. & Mary Turben Variance Application For: 19' 6" front yard (setback) variance and a 9' 6" rear yard variance This variance request will be considered by the Frederick County Board of Zoning Appeals at their meeting of August 19, 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/dll 01144-10 This is to certify that the attached correspondence was mailed to the following on Aug. , 1986, from the Department of Planning and Development, Frederick County, �irginia: TUREEN, ROBERT J. E MARY F. RAMEY, NOLA F. HOUCHINS SUNNYSIDE STATION PURCELL DRICE SUNNYSIDE STA. WINCHESTER, VA. WINCHESTER, VA. 22601 22601 .. I w— v- -ft, n TURBEN, STANLEY E. 1r PEER, MILDRED L. E JOHNNIE A. SUNNYSIDE STATION 1203 GREENWOOD RD, WINCHESTER, VA. WINCHESTER, VA. 22601 22601 rl� 1 SUNNYSIDE PRESBYTERIAN CHURCH OF WINCHESTER VIRGINIA L, C/O FOSTER COUCHMAN 113 OATES AVENUE WINCHESTER, VA. 22601 -W A —i PEACEMAKER, JOHN M. ET ALS SUNNYSIDE STATION WINCHESTER., VA. 22601 A,+ W. Watkins, Direc r Frederick County Department of Planning and Development 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 foregoing, dated , has personally appeared t acknowledged the same in my state and county foresaid. Given under my hand this CY day of , ] My commission expires on T1-s18-? io—TARV PUBLIC