HomeMy WebLinkAbout21-77 Ralph Wakeman Front Yard - Opequon - Backfile (2)Application for Variance
FREDERICK COUNTY, VIRGINIA
TO: THE BOARD OF ZONING APPEALS OF FREDERICK COUNTY
The undersigned applicant_0s) (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 Magisterial District
The petitioner— request —that the said Board doth grant:
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).
Namq//Lot or tract Mailing Address
4 �Lyk 2 In
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I/we hereby depose and say that all of the above statements and the statements contained
in any exhibits transmitted are true.
19_�(_!
Applicant �)� ��-�, We(��''`�_
Mailing address
i
Telephone Number �b r
Subscribed and sworn to before me this` day of 19
3
My commission expiresr/,}�& � 19
Notary
oat -77-.2
"3
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).
2M,-1 Im Lot or tract Mailing Address
I/we hereby depose and say that all of the above statements and the statements contained
in any exhibits transmitted are true.
19_1
Applicant_, Wu��u,�,��
Mailing address -6�Zc& &J
Telephone Number ('> b� 7 C' IZ, �L
Subscribed and sworn to before me this` day of 19
My commission expires/ Alez 9 19 Of
Notary
as 1-� 7 -3
�[rjebrrtrk C11ountp
Department of lRanutrtg aub �06.elapm.ertt
H. RONALD BERG
PLANNING DIRECTOR P. 0. BOX 601
L.9 COURT SQUARE
DOMING A IN SRATOR WINCHESTER, VIRGINIA 22601
ZONING ADMINISTRATOR
m e m o r a n d u m
October 7, 1977
TO: Board of Zoning Appeals *
FROM: Dorothea L. Stefen, Zoning Administrator N�_
SUBJECT: Code Rationale for Case No. 021-77 to be heard October 18, 1977.
Case No. 021-77 The dwelling the applicant has constructed is in an R-2
Residential, Limited District. In R-2 Districts when a property fronts
any road which is fifty (50) feet or greater in width, the setback line
is thirty-five (35) feet from the highway right-of-way.
In order to convey the dwelling that has been constructed,. it will be
necessary for the applicant to obtain a variance of seven feet nine inches
(7' 9") to three feet two.inches (3' 2").
Normally, the question would be one of maintenance rather than conveyance;
however, since the application was accepted by the Chairperson to be
considered at this time for reasons of conveyance,,my rationale reflects
this direction.
CC: J. 0. Renalds, III, County Administrator
Ralph Wakeman
I
Margaret Starliper
Ralph Wakeman
H. C. Christianson
Robert E. Hockman
Ernest W. Adams, Jr.
Douglas M. Swift, Jr., Attorney
Staff Recommendation
The staff recommends approval since the dwelling is already constructed.
703/662-4532
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17,751 A
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7/19/73
TENS DEED OF DEDICATION made and dated this. 1.9th. day
of.July, 1973; by and between RALPH M. WAKEMAN and MAE C.
WAKEMAN, his wife; parties of the first part, and the COUNTY OF.
IFREDERICK, party of the second part.
WHEREAS, the. parties of the first part are the owners ..
of a certain lot of land containing 154,300 square feet, more ar
less, being a portion of the same property conveyed to the parties
of "the first part by deed dated March 11, 1952 and recorded in
the Offi ce of the Clerk of the Ci rcui t Court of .Frederi ck County,
Virginia, in Deed Book 222, at page 527; and
WHEREAS, the parties of the first part intend and desire
to subdivide in part the said land in accordance with the applies
cable Ordinances of the County of Frederick.and to dedicate the
roadways in said subdivision known as Craig Drive, Lane Street,
Wakeland Drive, Charles Street, and Carol Court as shown in
Section E attached hereto.
NOW,.THEREFORE, THIS DEED OF DEDICATION WITNESSETH:
In consideration of the premises, the undersigned owners
and proprietors, parties of the fi rst part, with their free
consent, in accordance with their desir.e, pursuant to the appli-
cable Virginia Subdivision Statute, do hereby:
1. subdivide the hereinafter land,
2. grant and dedicate.to.the County of Frederick and
to the public the, roadway shown in said subdivision known as
Craig Drive, Lane Street, Wakeland Drive, Charles Street, and
Carol Court all as.shown in Section E attached. hereto.
All of the lots shown on the plat attached hereto are
hereby made subject to the restrictions listed below and each
deed from the undersi gend owners and proprietors shall incorp-
orate these restrictions by reference to this instrument: Whether
u4( F ..............................
as IT7- 7
incorporated or not, these restrictions are made covenants real.,
running with the land, and shall be binding upon all the sub-
sequent owners and enforceable by the owners: and proprietors
and all subsequent owners of all lots.'in the Subdivision known
as'"Wakeland Manor" Section.E Lots 40-48, 50-67, 78-89; 120-
123.
1.
LAND USE .AND
BUILDING
TYPE. No lot
shall
be
used except .for
residential 'purposes.
No building
shall
be
erected, altered, placed or permitted to remain on any .lot other
than one detached single-family dwelling not to exceed two and
one-half stories in height and a private garage for not more
than three cars.
2. DUELLING COST. No dwelling shall be permitted
on any lot at a cost of less than $15,000.00, excluding cost of
land, based upon cost levels prevailing on the date these cove-
nants are recorded, it.being the intention and purpose of the
covenant to assure that all dwellings shall be of a quality of
workmanship and materials substantially the same or better than
that which can be produced on the date these covenants are
recorded at the minimum cost stated herein for the minimum per-
mitted dwelling.size.
3. SIZES AND CO►dSTRUCTION
-, :;,;'. '. - ) Ramblers - 1240 sq . ft. as determined -.by
outside dimensions of structure with brick
veneer front but every third house of all houses
built by Buyer may be 1140 sq . ft. as determined
by outside dimensions of structure with brick
veneer front.
(b) Split-levels and Split -foyers - 1050
sq . ft. as determined by outside dimensions of
structure with brick veneer front, except upper
level may be of siding in lieu of brick veneer.
(c) Twos tory - 790 sq . ft. as determined
by outside dimensions of structure with brick
veneer front on first story only and front of
second story may be of siding in lieu of brick
veneer.
-2-
4.. BUILDING LOCATION. No building shall. be located
on any lot nearer to.the front.lot line or nearer to the side
street line than the minimum building setback lines shown on
the recorded plat. In any event no building shall be located
on. any lot nearer than 40. feet to-t-hefront lotlline, or nearer
than 35 feet to any side street line. No building shall be
located nearer than 15 feet to an interior lot line. No dwelling
shall be located on any interior lot nearer than 35 feet to the
rear lot lines. For the purposes of this covenant, eaves, steps
and.open porches shall not be considered as a part of a building,
provided, however, that this shall not be construed to permit
any portion of a building on a lot to encroach upon another lot. j
5. NUISANCES. No noxious or offensive activity
shall be carried.on upon any lot, nor shall anything be done
thereon which may be or may become any annoyance or nuisance to
the neighborhood. Each and every lot shall be kept mown and,
free from weeds and debris at all times, to comply with county
ordinances.
6. TEMPORARY STRUCTURES. No structure of a temporary
character, trailer, basement, tent, shack, garage, barn or other
outbuilding shall be used on any lot at any time as a residence
either temporarily or permanently except that storage trailers
may be placed on the property during construction.
7. SIGNS. 'No sign of any kind shall be displayed
to the public view on any lot except one professional sign of
not more than one square foot, one sign of not more than five
square feet, advertising the property for sale or rent, or signs
used by a builder to advertise the property during the
construction and sa.le period.
-3-
- - -- ------.----LI-VESTOCK---- a-nd-PO-ULTRY. No- animals, livestock -
or.poultry of any kind shall be raised, bred or kept on any lot,
except that dogs, cats or other household pets may be kept,
provided that they.are not kept, bred or maintained for any
commercial purpose.
9. GARBAGE and REFUSE DISPOSAL. No lot shall be
used or maintained as a dumping ground for rubbish. Trash,
garbage or other waste shall be in sanitary containers. All
incinerators or other equipment for the storage or .disposal of
such material shall be kept in a clean and sanitary condition.
10. SIGHT DISTANCE at INTERSECTIONS. On any corner
lot there shall be no planting, structure, fences shrubbery or
other obstruction to vision, more than three feet above the
curb level, within 25 feet of the intersection of any two street
lines.
II. FENCES. Only the rear yard can be fenced; corner
lots cannot be fenced on either street front.
12. ENFORCEMENT. Enforcement shall be proceedings.
at law or equity against any person or persons violating or
attempting to violate any covenant either to restrain violation
or to recover damages.
13. SEVERABILITY. Invalidation of any one of these
covenants by judgment or court order shall in no wise affect
any of the other provisions whi ch shall remain in full force
and effect.
14.. RESERVATION for EASEMENTS. Easement for the
installation and maintenance of utilities and drainage facilities
are .reserved where shown on a recorded plat or reserved in deed
of conveyance.
15_ RIM DTNG 'STRFFTS.- No lot can be used for the
-4-
W
U Z-r�- /D
purpose of building streets to adjoining property for ingress or
egress, without written consent of original owner of the sub-
division, namely, Wakeland Estates, Stephens City, Virginia.
The parties of the first part do hereby request that the
proper officials designated by the County of Frederick, approve
said plat so that it may be recorded in the Office of the Clerk
of the Circuit Court of Frederick County, Vi rgi ni a.
The land herein being subdivided, the boundaries and
streets thereof being dedicated and the easements conveyed are
all shown on the attached plat and survey of J. R. Nicely, C.L.S.,
dated July 16, 1973, which plat and survey are expressly incorp-
orated herein by reference and made a part hereof.
WITNESS the following signatures and seals:
^�"csQ►k_�,c�_ E A L )
Ralph M. Wakeman
(_-� A,,l ( S E A L )
Mae C. Wakeman
STATE OF VI RGINIA
�l OF To -wi t
a Notary Public in and
for the State and aforesaid, hereby certify that
u
Ralph M. Wakeman and Mae C. Wakeman, his wife whose names are
signed to the foregoing Deed of Dedication dated the" day
Of 1973, hayethi s day personal ly appeared before me
V (1
and acknowledged the same.
Given under my hand this Vk`day of ',. 1973.
My Commi ssi on expi res ���h�.�_. S / 1 7 2
c
Notary Public
-5-
H. RONALD BERG
PLANNING DIRECTOR
DOROTHEA L. STEFEN
ZONING ADMINISTRATOR
�xQ.�.exi�E� Cronxtt�
yartment of Plaunilig and Pe5dripxnen#
CERTIFIED MAIL
September 27, 1977
TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s):
P. O. Box 601
9 COURT SQUARE
WINCHESTER, VIRGINIA 22601
The application of Ralph Marvin Wakeman requesting a Front Yard Variance on
Lot 40, Section E-1, of Wakeland Manor Subdivision, fronting Lane Street,
Opequon Magisterial District.
The Public Hearing on the above Variance will be heard by the Board of Zoning
Appeals of the County of Frederick,.Virginia at 3:30 PM, October 18, 1977 in
the Board of. Supervisors' Room, 9 Court Square, Winchester, Virginia..
Any interested parties having questions or wishing to be heard may attend
this meeting.
DLS/btr
CC: County Administrator
Sincerely,
COUNTY OF FREDERICK, VIRGINIA
Dorothea L. Stefen
Zoning Administrator
7031662-4532