The URL can be used to link to this page

Home My WebLink About04-78 Dennis W & Betty J Hibbard Side Yard - Stonewall - Backfileoo,/-7 9 - / Fee paid $20.00 APPLICATION FOR VARIANCE FREDERICK COUNTY, VIRGINIA Application No. 004-78 Applicant owner yes Name: Dennis W. & Betty J. Hibbard Address: 1416 Williams Drive Date of Application March 18, 1978 other (specity) N/A Occupant (If other than applicant) Name: SAME Winchester, Virginia 22601 Address: Telephone 667-7246 Location of property _ Lot 122, Section 2 Magisterial District Stonewall Existing Zoning R-3 Property Identification Number 053AO30000122 Existing Use Residence - single family Telephone Darville Subdivision at Sunnyside Adjoining properties zoning R-3, Residential General Adjoining properties land use Residential -Single Family Variance Sought (describe briefly relief sought) Applicant wants to add a carport (14' x 25') to his existing house and is seeking a side yard variance varying from three (3) feet at one point to one (1) foot at the other end of the house. Reason for Seeking Variance: Because the side line requirements would.not allow a 14' x 25' addition to be added. 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 William S. Franklin J. P. Darlington J. P. Darlington Dave Holiday Delmar A. Bayliss J. P. Darlington Lot or tract Mailing address 121 1418 Williams Drive 123 Delmar Bayliss Realty 1001 Berryville Avenue 127 ififif 128 P. 0. Box 2715, Winchester, Va., 119 Delmar Bayliss Realty, 1001 Berryville Ave. 120 address above I/we hereby depose and say that all of the above statements and the statements contained in any exhibits transmitted are true. 18 March 19 78 Applicant ' 1 For Office Use Onl Zoning Administrator has/has not rendered a decision. If so, state substance of decision: Q.. cia CJ. d1-AK. A-A,-Q,, iwi,A,Aj.o n. nM, I-,--1 Date � 4176 Zoning Administrator Date of hearing: Final Decision Made: The Variance sought was denie /approve with the following conditions: BOARD OF ZONING APPEALS Building Permit # Conditional Use Permit # by °Chair Yhan Date The perooe _„_ *ad (Ato)(ber)(thetr) Saar*** ownins andlot occupying sdjacopt property to the property sought to be affected (ate) (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 William S. Franklin J. P. Darlington J. P. Darlington Dave Holiday Delmar A. Bayliss J. P. Darlington Lot or tract ;Mailing address 121 1418 Williams Drive 123 Delmar Bayliss Realty 1001 Ber—ryville Avenue 127 if if if 128 P. 0. Box 2715, Winchester, Va., 119 Delmar Bayliss Realty, 1001 Berryville Ave. 120 address above I/we hereby depose and say that all of the above statements and the statements contained in any exhibits transmitted are true. 18 March 19 78 e Applican t %w For Office Use Onl Zoning Administrator has/has not rendered a decision. of decision: CL,_ P_ ,., �i d 1-6 6 % �v�. �� 1-4? Dateu y' 4 �1 Date of hearing: Zoning Administrator If so, state substance Final Decision Made: The Variance sought was denie ve with the following conditions: /appro BOARD OFZUN1NU Building Permit ,. Conditional Use Permit # by: '? Chair an / Date act, si t r a, •� ;S6 �`�,� �14u �'� 17 `` ` � i .e�/J , 'fir,:, _,fe•' H . � p -t°'%• .� � `' !�!• '� "�. � 9 6 / t � s ••Zt t S fps �; ;y V• $_ 0� 1j � � � 4 yi�� i• a f:: ,,,�t�' '�,� Ile ire r_. -Il 49 T /�¢ - l+TY,. �//{,� - r� ._,Y � �S w ./�(�`f ` t`C•�f `%��ry }(yy� j�+iTJ oil 'Y "^,.. % , t T a. fC . � � //q{~'J ! r _ •'rh' ', � � � .._� �` r � � 1 ��'.r _, ,.% r1 L.i �/ r "' P � Z ,'f,;�'4: ' o , ifs x Z 7 m 673 b /' O n O 764r 7Jo o ' 110 661 BM L a „ • , 750 ��/ -� �-i_ _ass=:oa�a soo Rio 'o .• ,• t+� o �� TERC NG 82 • i `, y p AND S;a Kl i •�Chavu► i 1 Py 6 n FOP f i yy, we S[' O v e �PV 100 O • , :,; • g yside •e A-2 8-2 ' clou Jr f1wh S t0 p / rapier .� Water Park 1 r j Y i` �90 f }C ins 700 •ii�j t•'-•.it.`� • a• 0 Tank `1 ` - - / �b fj� tt ••� Wad 56 1 . w er ,) High Seh 11 a ar NIT W Gem 4 _ ' Memet High S• R C1 l� �� . i�y �v.� e � � V f ......7190oq-1g GGS:lr 8/8/77 MASSIE AND SMARR ATTORNEY! AT LAM' WINCHESTER, VIRGINIA #�58o - - I�AVID B . I�OLLIDAY, ET UX . T UU D ) �. DENNIS W. HIBBARD, ET AL 5ccl.: 477 719 THIS DEED, made and dated this )(}+r� day of CL11 ^.1lkk 1977, by and between David B. Holliday and June R. Holliday, his wife, hereinafter called the IlGrantors, and Dennis W. Hibbard and Betty J. Hibbard, here- linafter called the Grantees. 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 and reservations of record affecting such realty: All that certain lot or parcel of land located in Stonewall Magisterial District, Frederick County, Virginia, designated as Lot No. 122, Darville Subdivision, Section 2, asshown on a plat attached to the deed of dedication of said subdivision which is of record in the Clerk's Office of the Circuit Court of Frederick County,'Virginia, in Deed Book 385, Page 661. This is a portion of the same realty which was conveyed to the Grantors herein by deed dated January 27, 1977, from David B. Holliday, et ux, and recorded in the aforesaid Clerk's Office in Deed Book 469, at Page 249. 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 an seals: - oll—lidday /" 1111 rl- (SEAL) R. Holliday. �) �?n aoo� 477 FACC 720 STATE OF VIRGINIA 1, �R OF To -wit: a Notary Public, in and for the State and. 1m Yhi aforesaid, do hereby certify that David B. Holliday and June R. Holliday, his wife, whose names are signed to the foregoing Deed bearing date the j0h day of 01irt 7d 1977, have this day personally appeared before me and acknowledged the same. Given under my hand this lNh day of 1977. My commission expires �a11 41 1 Notary u is �,A3Lv�A -D-11cic cDu.ir[, lion was ploduoa_ to � a t f) This instrument w g 1�7 and with cartificala Of cknowlsdgMaief tharet3 snn3 .j.1 •3 admitted to iecord. Tax urli)�)sad A7 S.)C. and 53-5h have be �n p ,id, if a �a b._�., .C.11 IV MASSM AND •TT O•M{T/ U uW r IMGML{T[M. Y9261MA 9 H. RONALD BERG PLANNING DIRECTOR DOROTHEA I,.. STEF'EN ZONING ADMINISTRATOR .�ZQ�'2xt.C�2 �.QT-iZTt�1 pyartut-ent nx Planning aub P- e!d ryntenf CERTIFIED MAIL March 27, 1978 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s): P. O. BOX 601 9 COURT SQUARE WINCHESTER, VIRGINIA P-2601 The application of Dennis W. and Betty J. Hibbard, requesting a side yard variance for a carport of seven (7) feet at one end to nine (9) feet. at the other end on the property designated as property identification number 053AO30000122, in Darville Subdivision, Section II, Lot 122, Stonewall 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 interested parties having questions or wishing to be heard may attend this meeting. Sincerely, COUNTY OF FREDERICK, VIRGINIA 4 v Dorothea L. Stefen Zoning Administrator DLS/btr cc: J. 0. Renalds, III, County Administrator 703/662-4532 r CUa��8Y� H. RONALD BERG PLANNING DIRECTOR DOROTHEA L. STEPEN ZONING ADMINISTRATOR Blepartxnlen# of IUnning and 1� xxr�ex� CERTIFIED MAIL April 4, 1978 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s): P. O. Box 6o i 9 COURT SgUARE WINCHESTER. VIRGINIA 22601 Please be advised that the Certified Correspondence of March 27, 1978 you received from this office was in error and should read: The application of Dennis W. and Betty J. Hibbard, requesting a side yard. variance for a carport of three (3) feet at one end to one (1) foot at the othere end of -the house on the property designated as property identification number 053A030000122, in Darville Subdivision, Section II, Lot 122, Stonewall Magisterial District. The Public Hearing date, time, and location have not changed: April 18, 1978, 3:30 PM, in the Board of Supervisors' Room, 9 Court Square, Winchester, Virginia. Sincerely, COUNTY OF FREDERICK, VIRGINIA. Dorothea L. Stefen Zoning Administrator DLS:btr cc: J. 0. R.enalds, III, County Administrator 703j662-4532 f r.e-4-erirk Crjaunty 39ya tram# of J�Iannirtg axr ef�.e u xiteti: H. RONALD $ERG PLANNING DIRECTOR P. O. PiUX $Ol IDDROTHEA L. STEFEN 9 COURT SQUARE ZONING ADMINISTRATOR WINCHESTER. VIRGINIA 22601 April 4, 1978 TO-: Classified Advertising Department of the WINCHESTER EVENING STAR FOR PUBLICATION: April 5 and April 12, 1978 -- using a display ad. Received by: Date NOTICE OF PUBLIC HEARING - AMENDMENT OF PORTION OF NOTICE of MARCH 28 and APRIL 4, 1978 The Frederick County Board of Zoning Appeals will hold a Public Hearing on April 18, 1978, at 3:30 PM in the Board of Supervisors` Room, 9 Court Square, Winchester, Virginia to consider the following: THE APPLICATION OF DENNIS W. AND BETTY J. HIBBARD, REQUESTING A SIDE YARD, VARIANCE FOR A CARPORT OF THREE (3) FEET AT ONE END TO.ONE (1) FOOT AT THE OTHER END OF'THE HOUSE ON THE PROPERTY DESIGNATED AS PROPERTY IDENTIFICATION NUMBER 053A030000122, IN DARVILLE SUBDIVISION, SECTION II,. LOT 122, STONEWALL MAGISTERIAL DISTRICT. Interested citizens may appear before the Board to state their view of approval or disapproval of the requested Variance. Further information may be obtained at the Department of Planning and Development, 9 Court Square, Winchester, Virginia. By . Dorothea L. Stefen, Zoning Administrator, COUNTY OF FREDERICK, VIRGINIA DLS:btr cc: J. 0. Renalds, III, County Administrator Kenneth Stiles, Supervisor, Stonewall Magisterial District 703/662-4532 �3[ribextrk (f ountg Dr-partment of lHanning Mtne£xeln anent H. RONALD BERG PLANNING DIRECTOR P. 0. BOX 601 DOROTHEA L. STEFEN 9 COURT SQUARE ZONING ADMINISTRATOR WINCHESTER, VIRGINIA 22601 April 6, 1978 TO: Frederick County Board of Zoning Appeals Members FROM: Dorothea L. Stefen, Zoning Administrator SUBJECT: Code Rationale and Staff Recommendation for Case'No. 004-78 to be heard April 18, 1978. Case No. 004-78 Dennis W. and Betty J. Hibbard wish to erect a carport, attached to their home, which is located in a. R-3 (Residential -General) District. In the R-3 Section of the Zoning Ordinance, dwellings and attached carports are.considered part of the main structure or dwelling and must have a minimum side yard of ten (10) feet. Since the applicants wish to erect an attached carport that would be within seven (7) to nine (9) feet of their property line, it would be necessary for a side yard variance to be obtained of from three (3) feet to one (1) footbefore a building permit could be issued. Staff Recommendation: Should the Board decide to grant this variance, it is suggested that a condition be imposed that the variance be fora carport only and that said carport cannot be enclosed at a later date. The staff recommends disapproval because: (1) Had the dwelling not been situated originally in the middle of the lot there would have been ample room for the addition of a carport that measures 14' x 25'. This appears to indicate that there is no grounds for variance by "reason of the exceptional narrowness, shallowness, size or shape of (the) specific piece of property". (See Section (b) of the Board of Zoning Appeals Powers and Duties, Code) (2) The State enabling legislation coverning zoning lists as a portion of the purposes of zoning ordinances, "to provide for adequate light, air, convenience of access, and safety from fire . . . " Since side yard variances are a time tested method of insuring the above this should be taken into consideration since R-3 is the most dense single-family dwelling district in the County. (3) If the proposed carport were located behind the house, there would be no need for a variance. DLS:btr cc: J. 0. Renalds, III, County Administrator Dennis W. & Betty J. Hibbard 7031662-4532