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Home My WebLink About15-86 Vernon Bays - Back Creek District - BackfileCOUNTY of FREDERICK Departments of Planning and Building 66-5- 7031-65_'�-5650 October 24, 1986 Mr. Vernon Bays Rt. 1 Box 755 Gore, VA 22637 Dear Mr. Bays: This letter is to confirm the Frederick County Board of Zoning Appeals' action at their meeting of October 21, 1986: Approval of Variance Application #015-86 of Vernon Bays for a 8' Side Yard Variance for a pole barn in Gore in the Back Greek Magisterial District. If you have any questions regarding this variance, please do not hesi- tate to call this office. Sincerely, Robert W. Watkins Planning Director RWW/jls Q r'niirt Cnlinn- - P.(1 RON 601 - Winchester. Virginia - 22601 COUNTY OF FREDERICK, 9 COURT SQUARE f(ict r uo P. "t� !' `� OCT-1'86 WINCHESTER. VIRGINIA 22601 �' {'%-'r �/ -� % ° •� RcTUR� GKi4 Iv -A^ 60129.42L-� TO FO ��2131415�6�� 4E �p� IBf DOGGER, STUART J. E J4 7( DOGGER E ADA RUTH 00 GER CO +�� p 4009 BELTSVILLE ROAD _ BELTSVILLE, MO. 20705 1��F6Z0Z�2 i�lr.:l I-rlf��tr=ri f3:i:i+lC7 t�1�;I�f:.N�: ON FTI_ . OYA� R. �b nr A 2 COUNTY OF FREDERICK, VIRGINN,% N� 11001 LAND DEVELOPMENT PERMIT CENTER 9 COURT SQUARE WINCHESTER, VIRGINIA C�PE�T G ❑ PERM TPLUMBING ❑ PERMIT ELECTRICAL ❑ ERM TNICAL Date ❑ ❑ CHECK CASH APPLICANT AMOUNT $ "?5.0 EXPLANATION ��O J'4� w -T� DIRECTOR OF INSPECT ONS 22631 27000-AOJ-0000-0000-0037-0 SAYS, VERNON J. E. MARGARET BACK CREEK 807 CARSON AVENUE OXON HILL, M0. 2DO21 27000-ADO-JJOO-J000-0031-0 DUNLAP, WILLA P. BACK CREEK C/O ANNA MCKEE RT, 1 BOX 132 BERRYVILLE, VA. 22611 27000-AJD-0000-0000-0033-0 MARTIN, JAMES A. BACK CREEK E BERNADINE F. RT. 1 30X 254 LEESBURG, VA. 22075 27000-A00-0000-0000-0035-0 JEUNETTE, WILLIAM CARL BACK CREEK �. 3ARBARA ANN ?. 0. 30X 51 GORE, VA. 22637 27000-A00-0000-0000-0036-J DOGGER, STUART J. E JAMES R. BACK CREEK DOGGER E ADA RUTH DOGGER 40J9 BELTSVILLE ROAD BELTSVILLE, MO. 20705 RUN DATE: 1J/J7/36 FREDERICK COUNTY, VIRGINIA PLANNING E DEVELOPMENT LABEL LIST NAME/ PROPERTY MAP NO. /ADDRESS DESCRIPTION 27000-AGJ-0000-0000-0038-0 HITAFFER, WILLIAM M. E RUTH E. BACK CREEK RT. 1 BOX 266 GORE, VA. 22637 3.85 Al AS 13,903 28,300 10.36 Al AS 91000 21.90 Al AG 14,700 21.62 Al AS 21,500 60,900 17.45 Al AS 16,300 189400 PAGE 2 LAND IMPROV. ACREAGE ZONE U/C VALK VALUE ------- ---- --- ------------ 20.00 Al AG 17,200 2,000 yy�,,SS' Z/V./��e �l � C v ye- r An3$-- 3 0 tronf 16" a)) 8 /-Il v-kher s% VARIANCE #015-86 Vernon Bays LOCATION (f, Gore;` Virginia;' 7/10 mile off Route 50, on Route 259, left side of road, rou ily-13 miles northwest of Winchester. MAGISTERIAL DISTRICT -",Back Creek; TAX MAP & PARCEL NUMBER - Tax Map #27, Parcel #37 LAND USE & ZONING - A-1 (Agricultural Limited) Zoning and Residential Land Use ADJOINING LAND USE AND ZONING - A-1 (Agricultural Limited) Zoning and Residential and Vacant Land Use PROPOSED USE AND IMPROVEMENTS - Pole Barn VARIANCE - 8' Side Yard Variance REASON FOR VARIANCE - 1) layout of the lot 2) location of existing peach trees 3) discussion with neighbors (see letter) BACKGROUND INFORMATION - The applicant wishes to construct an accessory structure (pole barn) 7' from the property line. Such structures require a 15' side yard setback in the A-1 Zone. An 8' variance is required. STAFF COMMENT - An approved building permit is required prior to construction. APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA Variance Application No. O/�'8(O Submittal Deadline is Application Date For the Meeting of Fee Paid xl. The applicant is the (owner) Y/- (other) (check one) 2. NAME: I.�t!0A OCCUPANT: (If other than applicant) ADDRESS: br / c NAME: �yjyje ADDRESS: _ TELEPHONE: TELEPHONE: �r 3. The ropert is located at (please give exact directions) t e X 4. The property has a frontage ofQ® f eet and a depth of / feet and consists of g. acr sb . (Please be exact) X 5. The property is owned by KA?AO'DSas evidenced by deed from recorded in deed book no. on page, registry of the County of 6. This property is d s'gna ed as parcel no. 3-7 on tax map no. — in the Magisterial District. 7. Property Identification Number:�QM'fiM-0XQ-QW0-M37—(j 8. The existing zoning of the property 9. The existing use of the property is: 10. The adjoining properties zoning is: 11. The adjoining properties land use is 12. Describe the variance sought in terms of distance and type. (For example - A 3' rear yard variance for art attached wo Gar garage.) rl I A . _il _ � , 4 . t.,_ _ . _ _ /1 -! n�., i/..1 JC 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 Page Two Variance 0 ( - V6 -s/ 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 fot 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 . it I Io- P. Dan lc� Address: c /o nnc nq . me tee t. 1 f3U1L 15-? ge-"y vi 1Ir , VG . _L:ju I Property )7000 ID#: - /100 - 0000 (3000 03/ -Q 2.Jam e-� A Rj-rnacl n� rnc,L-r h n Address: a8oL . aoo7 vii Ll . t-�e�u by VG 5 Property 97000 ID#: non 0000 0000 00 33 -O 3- W,111-ary) CCJK 1 d Our ba cu )Inn Address: P. 0 8 Q6 5 f Cn G P VC1 , CO 3- 7 Property 9 9000 ID# - P00 -0000 -0000 6035 a 4 .6 fllCLr tj + JarnF5 K flda ku+h 0 a 9 Gj el'I Address: 400q 6CthYr Ile 94 . be./-k Vi /IC, and 00765 Property 91GCo ID#: - tlGO - ococ - Corn 00.3b ,v 11 CA �rY1 rY) t 12c.�} LF0-fELK Address: pi. 1 6Cy fq Gore VQ . -)�CO57 Property 07 ID#: - 0000 0000 0031�y 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: � Signature of Owner: Date Date For Office Use Only r/ / BOARD OF ZONING APPEALS PUBLIC HEARING ACTION OF (date) /1_4" Approval Denial CHAIRMAN: e�, ZZ, 67 IF 34 �vf W OV/ i T- lax r o!�ecf� t n ee i 4-5 nIC 61S— --I 10 1TrIr. cr�her s%� rJ4 ��c a � 1I 70oa-rC for hQ.��cr I � t. 0/5le(-? -- -=- - --- _ - - a 228, LEWIS 3 EENE CRATER, i TO :. Dr:,D c Vi;RNON J . BAYS, ET UX . THIS DEED :Wade and dated t,iis 10t1i day of November, 1961, by an uctween I�ewis Greene Crater, widower, party of the fir8t part, Vernon J. Bays and P1ary Ann Bays, his wife, parties of the second part, W. E. Edwards, Trustee, party of the third part, and the Western Frederick Bank of Gore Virginia, p , garty of the fourth part. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid, and otl-er good and valuable consideration, the receipt of all of which is Y�,cby ac,knowlc ded, t.,e said party of the first part do s hereby grant, sell, and convey, with general warranty of title, unto the parties of the second part, with common law right .' � � tht of survivorship, a certain tract or parce of land containing 8.85 acres, more or less, together with all rights, rights of way, privileges and appurtenances thereto belonging, lying and being situate along the Eastern side of Virginia State High:,ray No. 259 about 13 miles Northwest of Winchester, in Back Creek -District, Frederick County, Virginia, and being a portio A of that certain larger tract of land that was conveyed to said Lewis Greene Crater, C and his late wife, Marjorie Peebles Crater by Franc; R. Lon;;, et ux, by deed dated April 24th, 1944, and of record i`h the. Clerk's Office of the Circuit Court of Fred- erick County, Virginia, in Deed Book No. 189, pag-e 301, and by deed of correction dated July 22nd, 1948, and of record in said Clerk's Office in Deed Book No. 268, page 5. Said Marjorie Peebles Crater died intestate on November 23rd, 1959, leaving t no issue but survived +by,her husband said Lewis Gre-er_e Crates w..o constituGed her F (sole heir and distributes at law. A plat and metes and bounds description of the within conveyed land made by W. Thomas Biggert, Surveyor, is attached to, and by this reference incorporated in, this deed. WHE.?.I;AS, by deed of trust dated December 29, 1960, of record in the aforesaid Clerk's Office in Deed Book No. 268, page 92, the party of the first part conveyed the above mentioned larger tract of land, of which the within conveye land is a portion, to V. E. Edwards, Trustee, in trust to secure unto the Western Frederick Bank, of Gore, Virginia, 'the payment of a debt tl-:erein described; and W_IER%E S, the said Western Frederick Bank has been requested, and desires, to release the within conveyed land from the lien of said deed of trus .' NOW rIiEREYORE, in consideration of the pi?emises, and the sum ' of One Dollar ($I.00) cash in hand paid,'the•receipt of w;iich is hereby acknowledg d, F � � the said W. E. T --tpe third -part acti.rig at the request .; of the Western Frederick Bank, as party of the fourth part, as is evidenced by its uniting herein, does hereby jcin in this deed for the purpose of releasing "'and con- veying,, and do;,s hereby release and eonvey,•unto the parties of the second part, all of his right, -t.t tle and :i.ritere; �, urldcr and by virtue of the aforesaid deed of « (+trust, in and to ttie within conveyed land., free and discharged from the lien of sai deed of trust a� And the s id Western rrederick Bank, as party of the fourth part, ; joins in this deed for the express purposo of authorizing and approving, and does hereby authorize ar:d approvesame, and expressly releases any and all ri. rrts claim and de:rands Wf1.Cii .i ` mi ;ar ot:le.xr,iisc have a,.a-tnst th(' 4ithi�i conveyed land. It is �o1 ulrittd ehpl',= y sti. p turrevcz, i,:ult, "elo I.i ;it of, t)ir, af,)re,-;ald deed of trust shall rellinin in .Cull 1'orc,e aru3 uifc ct as to t.n,� of Chc: land therein described. ' (SEAL) ATTEST: J . W. WARD ecrc, ary Witness the followir43 signatures. and seals. REVENUE STPIiPS $ 1.10 CANCELLED *********--x x-****--**.x x-x 1Z-IIS . GREENE CRATER ( SEAL ) W. E. FT)WARDS. TRUSTEE (SEAL) WESTERN FREDEIiICK BANK BY B. A. GIFFIN (SEAL) -i^esi en3 t - IState of Virginia County of Frederick, to -wit: I, Norene B. Dove,a Notary Public in and for the County of, Iredericic, in t.ne State of Virginia, do hereby certify that Lewis Greene Crater _ 3 W.'E. Edwards, Trustee, whose names are signed to the foregoing writirig bearing date of No 10, 1961, have personally appeared before me, in,my County afore- said, and acknowled-ged the same. Given under my hand this 13th day of November, 1961. My commission expires April.26, 1965. NORENE B. DOVE State of Virginia, Notary Piblic County of Frederick, to -wit: I, James C. :L wyer, a Notary Public in and for the County of :�rederick, in the State of Virginia, do hereby certify that B. A. Giffin, Presider, of the Western Frederick Bank_, has personally appeared before me, in my County aforesaid, and ac.Lnowledged tiie same. Given under my hand this 13 day of Noveirher, 1961. My commission rxplres Mar., 12, 1963. (SEAL) / J APES C s STAKE U ati � (8.85 ACRES) . _L" ICIER Notary u 1 c NORTH O° M.D. { SCALE: W= 200 f T. OCTOBER 19, 1961 W. THOMAS BIGGERT SURVEYOR ./ W46-LAAMS- R ! wI rRFF e'? S"AKE r li I SU2VEY DESCRIPTION: h STAKE The attached plat represents a portio, i' the lands of Louis Crater, lying in Back Creek District, Frederick Coty, Virginia, as surveyed by un 1 me this 19th day of October, 1961. Described and hounded as follows: } ' 7 Beg1nnin6 at an iron sta e, corner to Willl=3, and with his 11 ! ' S 39 30 E, 1174.8 feet to a 3 Lalce, another' 0L rJ cc rr_ers . Thence N 0 to S 50 350 W) 5 30 E, (reve: ' I 1 Feet to another �takc and 1.. G. Crat<-r l uid. Tr,encr with his land N It6 36 W; 10'j� feet (crossing an access road at 8yo' feet) to a stake by Virginia State Road # 259. Thence wit n ;..e hi3hway tounday N 35 E 420 feet to the beginning, said lot containing 8.85 acres, more or less. W. THOMAS BIGGERT ^ purveyor COUNTY of FREDERICK Departments of Planning and Building 66 - 703/65-5-5650 October 7, 1986 TO: THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) RE: The application of Vernon Bays FOR: 8' side yard setback variance for a pole barn on Route 259 This variance request will be considered by the Frederick County Board of Zoning Appeals at their meeting of October 21, 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 I - 22601 01s -A-1a This is to certify the the attached correspondence was mailed to the following on October 7, 1986 from the Department of Planning and Development, Frederick County, ' Virginia: BAYS, VERNON J. £ B AY iiAR�_�ARET DOGGER, STUART J. & JAMES R. DOGGER & ADA RUTH DOGGER AVENUE 807 CAVERARSON AAVV � L1009: BELTSVILLE ROAD 20021 � BE LTSVILLE, MD. 20705 _ ---- — ---- _ _-: (HITAFFER, WILLIAM M. & RUTH E. ART. DUNLAP, WILLA P. 1 BOX 266 C/O ANNA MCItE:E GORE, VA. RT, 1 BOX 132 22637 BERRYVILLE, VA. 22,511 (MARTIN, JAMES A. & BERNADINE F. RT. 1 BOX 264 LEESBURG, VA. 22{a75 �JEUNETTE, 'WILLIAM CARL & 3ARBARA ANN I P. 0. BOX 51 GORE, VA. 22637 Rob rt W. Watkins, Director Frederick County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDEQRICK I, awd J. --- , 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 I acknowledged the same in my state and county foresaid. Given under my hand this ]Uli day of Q&L:(/ - -, 1986. My commission expires on Cam(/ 1 01"'m 4.. VE 131 swi =1