HomeMy WebLinkAbout27-75 Boyd J Unger Jr - Backfile (2)Application for Variance
FREDERICK COUNTY, VIRGINIA
TO: THE BOARD OF ZONING APPEALS OF FREDERICK COUNTY
The undersigned applicant —(is) (are) the owner —of the following described property:
A PLAT OF THIS PROPERTY MUST BE ATTACHED HERETO AND MADE A
PART OF THIS APPLICATION.
GIVE LOCATION BY REFERENCE TO NEAREST ROAD INTERSECTION.
DIMENSIONS OF SITE MUST BE GIVEN.
In Shawnee Magisterial District
The petitioner— request —that the said Board doth grant:
A frontage variance of 91 feet at the setback line and a left
side yard variance of 9.85 feet so that existing 36' x 48' building
may be used as a gift shop to sell pottery and figurines and other
similar products. A conditional use permit for this type use has
been approved by the Board of Supervisors on May 8, 1975, subject to
variance being granted by the Board of Zoning Appeals. The building
to rear of the property will not be used.
The applicant —make —this request because:
Present frontage regulations for uses other than residential
requires 200 feet at the setback line in A-2 zoning. Present side
yard regulations require a minimum of 15 feet for each main structure
and a total width of the two side yards must be 35 feet under A-2
zoning.
The person and (his) (her) (their) address owning and/or occupying adjacent pro-
perty to the property sought to be affected (are) (is): (Give names of all owners adjacent,
across the road or highway and facing the property and any owners across any railroad right-
of-wayfrom such property. In the event the property affected is situated at or within 100 feet
of the intersection of any two or more roads or highways, at or within one hundred feet of
the intersection of the rights -of -way of any two railroads, give names of property owners at
all corners of any such intersection).
Name Lot or tract Mailing Address
C. W. Carter Rt. 1, Box 85, Winchester, VA 22601
Ralph McIlwee Rt. 1, Box 892, Winchester, VA 22601
Sterling Shockley Route 3, Box 503, Winchester, VA 22601
I/we hereby depose and say that all of the above statements and the statements contained
in any exhibits transmitted are true.
19 Z�
Applicant 19 O-L.-A Q
Mailingg1address
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Telephone Number
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Subscribed and sworn to before me this —day of19_z�
My commission expires 19 6 _ J
Notary__ �a�
-�7 95'-A
The person and (his) (her) (their) address owning and/or occupying adjacent pro-
perty to the property sought to be affected (are) (is): (Give names of all .owners adjacent,
across the road or highway and facing the property and any owners across any railroad right-
of-way from such property. In the event the property affected is situated at or within 100 feet
of the intersection of any two or more roads or highways, at or within one hundred feet of
the intersection of the rights -of -way of any two railroads, give names of property owners at
all corners of any such intersection).
Name Lot or tract Mailing Address
C. W. Carter Rt. 1, Box 85, Winchester, VA 22601
Ralph McIlwee Rt. 1, Box 892, Winchester, VA 22601
Sterling Shockley Route 3, Box 503, Winchester, VA 22601
I%we hereby depose and say that all of the above statements and the statements contained
in any exhibits transmitted are true.
19
Applicant
Mai I inJg address
Telephone Number
Subscribed and sworn to before me this _day of.22)197 -1
My commission expires
Notary.. z.
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P(—A-T CIF ,n TI-!�E 1_A.fVD C(0fv\/EYEO Tp
F30YrJ J. UtvGEv-- p�TEp MAY 29 , 19^74
AND 2ECp2pED IN E1=Ep f3cD01G 47-1,0 lAM6N4G,
THE l—AIVp 2EG�2p5 fit= r{zCpE21GK COUtvT�C�-V12GINA1A.
REZONING PLAT
TRICO ASSOCIATES, INC.
ENGINEERS PLANNERS SURVEYORS
7115 Leesburg. Pike Route 3 Box' 269
Falls Church. Virginia 22043 Winchester, Virginia 22601
Certificate of Acknowledgement
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Ite surveyed: PFff. 7. /975
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# 1784 � 1
b W. HERSHBERGEHv ET ALDEYD
pA�E
BOYD•J.*UNGER JR. ET UX
GGS/ra
5/22/741 THIS DEED ANDJDEED OF QUIT -CLAIM RELEASE, made and
dated this � / day of //,�
�2 ��; _, 1974, by and between
J. W. Hershberger, Sole Surviving Partner of J and J Investors,
and Madalyn A. Hershberger, his wife, hereinafter called the
Grantors, Boyd J. Unger, Jr. and Linda W. Unger, his wife,
hereinafter called the Grantees, and Eleanor W. McDaniel,
Individually and as Trustee and Executrix under the Will of
Joseph W. McDaniel, Deceased, hereinafter called Releasor.
WITNESSETH: That in consideration of the sum of Ten
Dollars ($10.00) and other valuable considerations paid the
Grantors by the Grantees on or before the delivery of this deed,
the receipt of all of which is hereby acknowledged, the Grantors,
hereby grant, sell, and convey, with general warranty of title,
unto the Grantees, in fee simple, jointly, as tenants by the
entirety with the common law right of survivorship, the
following real estate, together with all improvements and
appurtenances thereto belonging and subject to all easements
! and legally enforceable restrictions of record affecting such
realty:
All that certain parcel of land containing
1 acre, more or less, located about 4 miles South
of Winchester, Virginia, on the East side of U.S.
Highway No. 522, in Shawnee Magisterial District,
Frederick County, Virginia, and being the same
realty described by a plat and survey of H. A.
Funk, dated February 29, 1940, and recorded in
the Clerk's Office of the Circuit Court of
Frederick County, Virginia, in Deed Book 180, at
Page 115, LESS AND EXCEPT a small strip conveyed
to the Commonwealth of Virginia for highway
purposes. This is the same realty which was
conveyed to J. W. Hershberger and J. W.
McDaniels (sic), Trading as J & J Investors, a
partnership, by John W. Brown III, by deed dated
February 18, 1970, and recorded in said Clerk's
office in Deed Book 361, at Page 232. J. W.
McDaniels, also known as J. W. McDaniel and as
Joseph W. McDaniel, partner hereinabove referred
MASAI[ A.. SMAA■ to, died in January, 1973, and his interest in
AtTOAMAU AT LAW
.INCH [.itA .IA.I■IA said realty vested by operation of law to the
sole surviving partner of said partnership, J. W.
Hershberger.
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MAs3I[ ■.9 SNARR
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The said Eleanor W. McDaniel joins in this deed for
the express purpose of acknowledging that the real estate
hereinabove described was partnership realty owned by J. W.
Hershberger and J. W. McDaniel and was so owned on the date
of death of J. W. McDaniel in January, 1973; and for the
further express purpose of releasing, both individually and
as Executrix and Trustee under the Will of Joseph W. McDaniel,
to the Grantees herein any interest, both at law and in equity
with respect to the realty hereinabove described.
The Grantors covenant that they have the right to
convey the within described property; that the same is free
from all liens and encumbrances except as may be hereinabove
set forth; and that'they will forever warrant and defend the
title thereto.
WITNESS the following signatures and seals:
J AND J INVESTORS, A PARTNERSHIP
By (SEA )
J. W. Hershberger, Sole
Surviving Partner
Ma a yn A'. Hershberger
e.
—`-.ee •- ✓_.r. .t (SEA )
Elea -nor W. McDaniel, Indivichua ly
and as Trustee and Executrix unde
the Will of Joseph W. McDaniel,
Deceased
STATE OF VIRGINIA
7 �
u OF-�;!i�1 �c �� , To -wit:
a Notary Public, in and
for the State and aforesaid, do hereby certify that
Madalyn A. Hershberger, whose name is signed to the foregoing
e 2 -
n
t KASnc AND •MAR■
A�l....7. At LAW
INC Utt.. M..l•IA
M, i-v[
deed, bearing date the I day of _ ' ,C r_ ,� 1974, has
acknowledged the same before me in my State and
aforesaid.
Given under my hand this _y day of , 1974.
My commission expires �' y
(SEAL)
i' )•�'� 7/C .•C t : / JAL `Lr�—"�.L'�
Notary is
STATE OF VIRGINIA
CR tc-x.4� OF - ''tl �t tc�,� . To -wit:
a Notary Public, in and
for the State and LlV" aforesaid, do hereby certify
that J. W. Hershberger, Sole Surviving Partner of J and J
Investors, whose name is signed to the foregoing deed, bearing
date the �� day of 5.4. 1974, has acknowledged the
C
same before me in my State and 4ze. XC aforesaid.
?-7' 1974.
Given under my hand this ?9 day of ��,
L
My commission expires 221-7-1 / Y %';;" .
yr 1 N
Not y Public
STATE OF VIRGINIA
r COF ) c��1'�i�i[�c��. r To -wit:
t14-,-1je) a Notary Public, in an
for the State and �,�-u. K Cam_ aforesaid, do hereby certify
that Eleanor W. McDaniel, Individually and as Trustee and
Executrix under the Will of Joseph W. McDaniel, Deceased, whose
name is signed to the foregoing deed, bearing date the �/ day
of 1974, has acknowledged the same before me
in my State and C aforesaid.
Given under my hand this.day of 1974.
My commission expires all
-�� ��-� •
No ry Public
ViRGI NtA FLIEDE3tC.0 coui Y, 5C1'.
This instrunlont of writing was producod to me on the
�f day of�L� �t _t 19_'1, at
and with cortificato eol acknowl_dg�uoat thareto aana.cad was
admitted to rocord. Tax unpased oy' d.:c. 66•J-1.1 of
and 58-54 have been paid, if asse--sable.
Clerk.