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Home My WebLink About02-78 William Boyce & Robert P Elliott Jr Front Setback & Side Yard - Gainesboro - Backfileoaa�z_C Application for Variance FREDERICK COUNTY, VIRGINIA TO: THE BOARD OF ZONING APPEALS OF FREDERICK COUNTY The undersigned applicant —(is) ° re ` 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 ,�%at,)Fk.'Zbe Com iaY) Magisterial District The, appl Icant.�i—make—this request because: 1--r\.?_ r.r,A-1<—� fpa r-_-7-;J�a.) - nAa .S"i-z�; / j1'-1/ 14 t� I W .c;-,'0A 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 P' . V. I/we hereby depose and say that all of the above statements and the statements contained in any exhibits transmitted are true. 19I-A \J3 %La : Arn Ct Applicant _�?No\'bcw, L� o Mailing address 1'�t3A 2.b 6T-3est9 Telephone Number 1 71- ;U nS Subscribed and sworn to before me thisday of!�E I - My commission expireswkch19�'L N otar x_ k D : VYK The person and (his)(her)(their) address owning and/or occupying adjacent property to the property sought to be affected (are) .(is):. (Give names ofall owners adjacent, across.the road.or highway and facing the property and any owners across any railroad right-of-way from such pro.perty. 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 3 4-lue I/we hereby depose and say that all of contained in any exhibits transmitted 19 Mailing. address -7 a--��1��re- IC �/ZQAJY Au/9L .2G o L Lae- ,4�gieE, //o[,: �8ou,uYA.� Ct.uh .�G, ` the above statements and the statements are true. Applicant For Office Use Only Zoning Administrator has/has not rendered a decision.. If so, state substance of decision: I Date Date of hearing: Zoning Administrator Final Decision Made: The Variance sought was denied/approved with th /following conditions: BOARD OF 'ZONING APPEALS. Building Permit # Conditional Use Permit # by: Chairman Date APPLICATION FOR VARIANCE Fee paid-d;Zo ap FREDERICK COUNTY, VIRGINIA Application No. O Date of Application J7g Applicant owner L L-mor 'd, other (specity) Qj ; t,L '- M (3o T�, m ct,�,r3t' , Name: RA ",rc Q', F,l�t� JAL Occupant (If other than applicant) Address: BC,x � 10 Name: Telephone Uyg- 3 A n 6 Address: Telephone Location of property X gicE. 4A;aq�_L:�"5y-Ax S J Sr czrf,ao jj' . Lo i :343Z Magisterial District .; Existing Zoning Res; q�,�Ygti,, Property Identification Number), o-r 3 G�ric,z 11 18A910�zooR03VR . Existing Use Adjoining properties zoning �, V Z5 Z gtyo Adjoining properties land use Variance Sought (describe briefly relief sought) R23, .5��y �, e �� S? �- 3 �' `e'c� 2 � � 1� �.` � " S ; ;7 � � sy►21 �(A � v �•�� c.F Reason for Seeking Variance: 'A `ER11 n ii � . � � Sta T v" y S (JT_,R C� D ..Y.� � (�'7 C. C7 ►�.� i^'� lUiS.,� Al G"� ��..��s� i� C"� �i �t7� "� � Z..-Y��i lZ.�\�-c1 h � iJPt V_�u �J �'t•2 �L�j3 Cis CZ,---qu,, C\A^` < Ca5 . ,s ---,F,77k "n su1LA , �" \v,C>, 4L..Z-- XA-\.L,% The person and (his)(her)(their) address owning and/or occupying adjacent property 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 4R� . C4ak-- 9 �ue 2741L 'Yo'eadre- &' /aLTi/Jii)� a 6 % 19.1)D ��Z, �.. {�tay.►.z,� Su �:2, ��2. scam z.s �I,�c�,�.` c.,•�L, �31 53X'7 C"c+�ci?�.5.�,! �C�Rf��y:.�o,�!.��'..._�/�..�.��-/ Q�d;� CA-. : fl.. f� % cal, i J r'Q 114 1 Z-26 2� I/we hereby depose and say that all of the above statements and the statements contained in any exhibits transmitted are true. 197F( Applicant ZLa)� (21�_� For Office Use Onl Zoning Administrator has/has not rendered a decision. If so, state substance of decision: Date Date of hearing: Zoning Administrator Final Decision Made: The Variance sought was denied/approved with the following conditions: BOARD OF ZONING APPEALS Building Permit # Conditional Use Permit # by: Chairman Date ))t.. .. I �Y / / l f 1 ��yj y■� -.- � ��,,. o! Q''l J .�1 � M` • 4 f f �!t-; `:'� ,. l \ i l,- f Ji i„d• - •�'. � �/I_ ,11,l((� - j` %/' - f /�,`J" J i t / r_�(, , I VN �1 f �� ( u� ��_, \__- % � �, `� L�. / _.• � . � � �� , �.,� iji �� i�� V.�I,A � 1�� l V � �J 1 '-�� I �,,- ��(� , � ��i � a (�, .\. 11 i,; / �l'f •f� i'%1N /% )\�\1\ !:��J% �-'\� I'1,• `i i u n � `\� ,1' 1 •! � �� ( • \��. , \�\\` \ �\��/�''r'' � 1`-�` �s�•._-� �l � � /I 1. J � `, - �� - �( G-/�� }. �'��.�-' `�\�.," �r ,'� ;i�- •_x ) J` ;tea 9 f'" �/. � � n � � --� =�=)L. �1 -_- __ - - 1/VyL: J : i- fi. - /02s, �.. - � �- - ('• t� _ 0 " \•�i �, �• ._..i� �. � 8 �� mac' t� J Uck Ib' •ati \ �� `fib _ �\. _ ,1 �.� 1 boa -?9 -,5,4 IV 417 a ZQ 'g- 4304- 14 ,71Z�,r fawr e f� -7J f' G .q r of �E ✓iSi o/t/ o F T��E— G /mot/E' B�TL✓E�ic/ LOT 3q3 �- � L o T 344 ��C �9 T � SAC T/Oit/ T1-✓ O, 4.49�496-� ,yo 4 v q r EsT.gT-ES G'A/�/�SBO�O ��ST•�/CT' SU.P✓�yo�s c�—�T/,�ic�rE' - Os ✓�t/E-Ae S CE.2 T/F/C�9 TE� O�- /� A�co�p-4�vc y✓/Tv ova 0 -�_ _Sl/BOi ✓/S/ O mot/ TO 3E � �O,t�T �O-�/ �� i-�E- G�9�t/� �C�JU�.eE-O E3y� �eOBE-�eT i� E-GG/OTC' �,c" s-✓EGG/�9i� �! _5,,9 %sY' �G s/E- T E i�o >-' �c-/✓IE��SO.tI G OFF �4E-�c-p BoO.� Pow Ei✓�E"�SOit/ Go.�-� - :��9 r E-GS/c T Go�� p� rE ��.eo✓moo By GA�� /OG/vAY ESTATES - • � o T 3q3 �-/33�Z3 3S"h//t/ 36 � SS/ "3/" ice/ /36. 00 �6 7O " cu-e��-- L A-�EYiE�✓ C=�4;57 SS' T-5- / ✓ 330" sS3'oo 34'`✓ �-�0�1 343 To 39q � 8B 8 sfJ FT 3.�. 6 sfJ FT ---) - L- - ,Q�oecv�-o By = - r� z �o ��- o BoA�O of SU�E� ✓�-SO.e S /poi✓ �.eoc/ �j ( �t/33 z33S ""s✓ I � _ mot/ 93 "06 ' oo s-✓ I C � i � J-✓iY,y .4.eC= d el io'//'io'" tee= ZB7/6" IEF G',-�v _ s��-qB z�'"�-✓ G ACE✓i�H/ v�ivE c: - ?otDE JAM:sw 3/15/77 H-211 mum U0 swans •TTO"C" aT ut Wt-C.Mm fuN-lA 00a--78 #842 JOHN P. LAMB, JR., ET UX TO: :. :: DEED *� WILLIAM M. BOYCE, ET AL ******************************* THIS DEED, made and dated this o;V day of 7% , 1977, by and between JOHN P. LAMB, JR. and BESSIE M. LAMB, his wife, parties of the first part, hereinafter called the Grantors, and WILLIAM M. BOYCE and ROBERT P. ELLIOTT, parties of the second part, hereinafter called the Grantees. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of all of which is hereby acknowledged, the Grantors do hereby grant, bargain, sell and convey with general warranty of title, unto the Grantees, jointly, in fee simple, together with all rights, privileges, and appurtenances thereunto belong- ing, EXCEPT all mineral, oil, and gas rights which were expressly reserved to a predecessor in title, the following described realty: All that certain lot or parcel of land lying and being situate in Gainesboro Magis- terial District, Frederick County, Virginia, designated as Lot No. 343 in Section II of Lake Holiday Estates as shown on that certain plat thereof duly recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 376, at Pages 197 through 212, inclusive. This is the same property acquired by Bessie M. Lamb by deed from Richard Allen Swartz and Bonnie H. Swartz, his wife, dated January 24, 1975, and of record in the aforesaid Clerk's Office in Deed Book 440, at Page 4. Reference is made to the aforesaid plat and deed and the description therein contained for a further and more particu- lar description of the property herein conveyed. This conveyance is made subject to all duly recorded and enforceable restrictions, easements, and rights of way. Except as noted above, the Grantors covenant that they have the right to convey said realty to the Grantees; that they have done no act to encumber said property, and that the same is free from all liens and encumbrances; that they will execute such 241 OUR- -A- P. further assurances of title to said property as may be requisite; and that the Grantees shall have quiet possession of said property, free from all liens and encumbrances. WITNESS the following signatures and seals: (SEAL) John P. L J STATE OF VIRGINIA of I, for the State an" —(SEAL) Bessie M. Lamb To -wit: a Notary public in and aforesaid, do hereby certify that John P. Lamb, Jr. I and BesWie M. Lamb, his wife, whose names are signed to the foregoing deed dated the IZ12Q mi day of YLa_1__r �11& 1977, have this day personally appeared before me and acknowledges the same. A PASSIK AND INAPIt ArT0NkKT# AT LAW - %jXCHg$yz0. VIRGINIA Given under my hand this, day of 2LL__r11977. My My commission expires ZO� Notary �ar y Public T. - A: a, 14 i 0, V,•1.-I.S P 10 U C: e . to 1;10 C) avid w,t'i cirti.-ic.AL! Of d--k'1JW1.-6g.n31t Lierota anlla(.3,1 4.3 adind,od to r,ccjzd. !'L,; A,, a, ;c. j Jul v U and 5--)-54 have been paid, Ai a so.sd)ia, Cleik, -2- H. RONALD BERG PLANNING DIRECTOR DOROTHEA L. STEF'EN ZONING ADMINISTRATOR 01 f rrb.eri It (ffouit#p e-yarim-enf of 111anning aub .,B- dr lap a it# CERTIFIED MAIL March 27, 1978 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s)':. P. 0. SOX 601. 9. COURT SQUARE WINCHESTER. VIRGINIA 22601' The application of Robert P. Elliott, Jr., and William Boyce, requesting both a ten (10) foot setback variance and a two (2) foot four (4) inch side yard variance for a single family dwelling on.the property designated as property identification number 18A202.0020345, in Lake' Holiday Estates, Section II, Lot 345, Gainesboro 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, April 18; 1978 in the Board of Supervisors' Room, 9 Court Square, Winchester,, Virginia. Any intezested'parties having questions or wishing to be heard may attend . this meeting. Sincerely, - COUNTY --Ogtt'F FREDERI/CKK,, VIRGINIA �J Dorothea L. Stefen Zoning Administrator DLS/btr cc: J. 0. Renalds, III, County Administrator 703/662.4532 T�rebrrirk countg H. RONALD BERG PLANNING DIRECTOR P. 0. BOX 601 DOROTHEA L. STEFEN .9 COURT SQUARE ZONING ADMINISTRATOR WINCHESTER, VIRGINIA 22601 April 7, 1978 TO: Frederick County Board of Zoning Appeals Members FROM: Dorothea L. Stefen, Zoning. Administrator PAA, SUBJECT: Staff Comments for Case No. 002-78. Case No. 002-78 Robert P. Elliott, Jr, has constructed a dwelling in a R-5 (Residential -Recreational) Community in violation of the recorded building restriction lines. The applicant has a twenty-five (25) foot front setback and a seven feet eight inch (7' 8") left front side yard while the deed restrictions require a thirty-five (35) foot setback and a ten (10) foot side yard. There has been an indication that Lake Holiday's Architectural Committee will be present with a proposal at the Board's Hearing. Since the main question in this case appears to be whether the Board can grant relief from Lake Holiday's deed restrictions rather than a matter of interpretation of the County's Zoning Ordinance, I am going to offer no recommendation. DLS:btr cc: J. 0. Renalds, III, County Administrator Robert P. Elliott, Jr. 7031662-4532