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HomeMy WebLinkAbout09-78 Carroll D Rinard Setback - Gainesboro - BackfileDOct- -117 Y-I APPLICATION FOR VARIANCE Fee paid ©�(�.�X FREDERICK COUNTY., VIRGINIA Application No. Date of Application's Applicant owner ��/', %� , j/ f �{ �l other (specity) Name: Occupant (If other than applicant) Address:, / ()� -,�/L� Name: Address: Telephone ._Y 3L7s Telephone i Location of property _______Magisterial District {�C� Existing Zoning �— Property Identification Number 7 C Existing Use U Adjoining properties zoning 4-1 Adjoining properties land use -� 11111 i (LQ, J: 111/')1 j! j na Variance Sought (describe briefly relief sought) Reason for Seeking Variance: T 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 lz/00� , i - � & - '_&ze -3 el�X'2_ _40-z- I/we hereby depose and say that all of the above statements and the statements contained in any exhibits transmitted are true. Applicant 'z For Office Use Onl Zoning Administrator has/has not rendered a decision. If so, 's-tate substance of decision: A>. ��t.s;11_11 d� r , . %2 c� eLc J &-f , u * ,� /L.:�9: Date Zoning Administrator Date of hearing: li51.%_W Final Decision Made:J The Variance sought was denied/ pprovec with the following conditions: '' �.%. +O FL `,��In n.R Q... /cl X'T' X 1i •/ %� - U BOARD OF ZONING APPEALS Building Permit ii A s Conditional Use Permit # by: q C airm Date No.359297 ,RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED — NOT FOR INTERNATIONAL MAIL jSee Reverse) SENT TO STREET AND NO. P.O., STATEIAND ZIP CODE as POSTAGE $ y W CERTIFIED FEE Q W LL SPECIAL DELIVERY Q S O RESTRICTED DELIVERY Q LL W W R F U U SHOW TO WHOM AND Q to > > W DATE DELIVERED Q W SHOW TO WHOM, DATE, :E J y < d AND ADDRESS OF Q O Z W DELIVERY a O Uj SHOW TO WHOM AND DATE a ¢ DELIVERED WITH RESTRICTED Q N O Z DELIVERY ZO H SHOW TO WHOM, DATE AND V OF DELIVERY WITH Q QADDRESS RESTRICTED DELIVERY TOTAL POSTAGE AND FEES $ POSTMARK OR DATE STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see front) 1. If you want this receipt postmarked, stick the gummed stub on the left portion of the address side of the article, leaving the receipt attached, and present the article at a post office service window or hand it to your rural carrier. (no extra charge) 2. If you do n4want this receipt postmarked, stick the gummed stub on the left portion of the address side of the article, date, detach and retain the receipt, and mail the article. 3. If you want a return receipt, write the certified -mail number and your name and address on a return receipt card, Form 3811, and attach it to the front of the article by means of the gummed ends if space permits. Otherwfse, afix to back of article. Endorse front of article RETURN RECEIPT REOUESTEO adjacent to the number. 4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If return receipt is requested, check the applicable blocks in Item 1 of Form 3811. 6. Save this receipt and present it if you make inquiry. No. 359298 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED — NOT FOR INTERNATIONAL MAIL (See Reverse) S NT TO Ok` L`` BEET AND NO PO., STATE AN ZIP ODE I P( Q . POSTAGE $ y W CERTIFIED FEE Q W LL SPECIAL DELIVERY Q O RESTRICTED DELIVERY Q LL W W ¢ F U U SHOW TO WHOM AND Q co > > W DATE DELIVERED Q W SHOW TO WHOM, DATE, J r N < r1 AND ADDRESS OF Q O Z Lu DELIVERY SHOW TO WHOM AND DATE a O W a Cr DELIVERED WITH RESTRICTED Q Z DELIVERY (AO z S SHOW TO WHOM, DATE AND ADDRESS OF DELIVERY WITH Q V S RESTRICTED DELIVERY TOTAL POSTAGE AND FEES $ POSTMARK OR DATE STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see front) 1. If you want this receipt postmarked, stick the gummed stub on the left portion of the address side of the article, leaving the receipt attached, and present the article at a post office service window or hand it to yrjjr rural carrier. (no extra charge) 2. If you do not want this receipt postmarked, stick the gummed stub on the left portion of the address side of the article, date, detach and retain the receipt, and mail the article. 3. If you want i return receipt, write the certified -mail number and your name and address on a return receipt card, Form 3811, and attach it to the front of the article by means of the gummed ends if space permits. Otherwise, afix to back of article. Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If return receipt is requested, check the applicable blocks in Item 1 of Form 3811. 6. Save this receipt and present it if you make inquiry. No. 359296 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED — NOT FOR INTERNATIONAL MAIL (See Reverse) SENT TON6f C Man �7 STREET AND NO. dla� P.O., STAT ZIP CODE AN Cj, ;l�to01 POSTAGE $ y W CERTIFIED FEE Q IL ILL SPECIAL DELIVERY Q Q O RESTRICTED DELIVERY Q W W F U V SHOW TO WHOM AND Q > > W DATE DELIVERED Q W SHOW TO WHOM, DATE, i J y < r d AND ADDRESS OF Q O Z W DELIVERY C O W SHOW TO WHOM AND DATE a K DELIVERED WITH RESTRICTED Q Z DELIVERY (AO on, SHOW TO WHOM, DATE AND V ADDRESS OF DELIVERY WITH Q IM RESTRICTED DELIVERY TOTAL POSTAGE AND FEES $ POSTMARK OR DATE STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see front) 1. If you want this receipt postmarked, stick the gummed stub on the left portion of the address side of the article, leaving the receipt attached, and present the article at a post office service window or hand it to your rural carrier. (no extra charge) 2. If you do not want this receipt postmarked, stick the gummed stub on the left portion of the address side of the article, date, detach and retain the receipt, and mail the article. 3. If you want a return receipt, write the certified -mail number and your name and address on a return receipt card, Form 3811, and attach it to the front of the article by means of the gummed ends if space permits. Otherwise, afix to back of article. Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee, or to an author,zed agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If return receipt is requested, check the applicable blocks in Item 1 of Form 3811. 6. Save this receipt and present it if you make inquiry. .No. 359294 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED — NOT FOR INTERNATIONAL MAIL (See Reverse) SENT TO ETAND N O ci) P.O., ST TEA D ZIP CODE U1; a, aa(o POSTAGE $ y W CERTIFIED FEE 6 W IL SPECIAL DELIVERY Q Q LL RESTRICTED DELIVERY Q CC W W CCU H U SHOW TO WHOM AND Q > > W DATE DELIVERED Q W SHOW TO WHOM, DATE. N r H d AND ADDRESS OF 2 O Z IL DELIVERY SHOW TO WHOM AND DATE d O U W d ¢ DELIVERED WITH RESTRICTED S H p Z DELIVERY SHOW TO WHOM, DATE AND 0 ADDRESS OF DELIVERY WITH S U G RESTRICTED DELIVERY TOTAL POSTAGE AND FEES $ POSTMARK OR DATE STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see front) 1. If you want this receipt postmarked, stick the gummed stub on the left portion of the address side of the article, having the receipt attached, and present the article at a post office service window or hand it to your rural carrier. (no extra charge) 2. If you do not want this receipt postmarked, stick the gummed stub on the left portion of the address side of the article, date, detach and retain the receipt, and mail the article. 3. If you want a return receipt, write the certified -mail number and your name and address on a return receipt card, Form 3811, and attach it to the front of the article by means of the gummed ends if space permits. Otherwise, afix to back of article. Endorse front of article RETURN RECEIPT REQUESTED adjacen4 to the number. 4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If return receipt is requested, check the applicable blocks in Item 1 of Form 3811. 6. Save this receipt and present it if you make inquiry. -No.359295 RECEWT FOR CERTIFIED MAIL NO INSUBA 'AVERAGE PROVIDED— NOT`cOF-kTERNATIONAL MAIL (See Reverse) SENT TO ,.�efrm l3ell FEET AN O a P.O., STATE AND ZIP CODE a . c --4 POSTAGE $ y W CERTIFIED FEE Q W LL SPECIAL DELIVERY Q Q RESTRICTED DELIVERY Q Q W W F U U SHOW TO WHOM AND Q fA > cc > cc DATE DELIVERED Q W W SHOW TO WHOM, DATE, J r y Q a AND ADDRESS OF Q p = W DELIVERY SHOW TO WHOM AND DATE a O W I,- ¢ DELIVERED WITH RESTRICTED Q p = DELIVERY y ZO Cc Ml SHOW TO WHOM, DATE AND W I ADDRESS OF DELIVERY WITH Q U CC RESTRICTED DELIVERY TOTAL POSTAGE AND FEES $ POSTMARK OR DATE STICK POSTAGE STAMPS TO ARTICLE TO COVER FIR,. f CLASS POSTAGE, CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see front) 1. Il you want this receipt postmarked, stick the gummed stub on the left portion of the address side of the article, leaving the receipt attached, and present the article at a post office service window or hand it to your rural carrier. (no extra charge) 2. If yo dAot want this receipt postmarked, stick the gummed stub on the left portion of the address side the article, date, detach and retain the receipt, and mail the article. 3. If you want aq.turn receipt, write the certified mail number and your name and address on a return receipt card, Form 3811, and attach it to the front of the article by means of the gummed ends if space permits. Otherwise, afix to back of article. Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If return receipt is requested, check the applicable blocks in Item 1 of Form 3811. 6. Save this receipt and present it if you make inquiry. 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). wd Lot or tract Mailing address 6z' ZZ, 4' ` /r u-wfor -f�rm1ny I/we hereby depose and say that all of the above statements and the statements contained in any exhibits transmitted are true. �- 19� Applicant For Office Use Onl Zoning Administra(t�or has/has not rendered a decisi,o'n. If so, of decision:CI�SL.r Date Zoning Administrator Date of hearing: /-5 % Final tate,3ubstance Decision Made: The Variance sought was denied/.A.pprovv with the following conditions: BOARD OF "ZONING APPEALS Building Permit 10 q Conditional Use Permit # by: C air Date 4' ebuirk cl-ountp 3Beyaxtuvent of 11anning and �06dxyntent H. RONALD BERG PLANNING DIRECTOR P. 0. BOX 601 DOROTHEA L. STEFEN 9 COURT SQUARE ZONING ADMINISTRATOR - WINCHESTER, VIRGINIA 22601 August 3, 1978 TO: Frederick County Board'of Zoning Appeals FROM: Dorothea L. Stefen, Zoning Administrator., SUBJECT:. Code Rationale and Staff Recommendation for Case No. 009-78. Case No. 009-78 Mr. Carroll Rinard wishes -,.to erect a garage on his property which is located in an A-1 (Agricultural -Limited) District. In the A-1 section of the Zoning Ordinance not attached garages are considered accessory buildings. No buildings may be closer to the front than eighty (80) feet from the center of the road. Since the applicant wishes to erect a garage that would be within twenty- five (25) feet of the front property line, it would be necessary for a front setback variance of forty-seven (47) feet to be obtained before a building permit could be issued. Route 600 is nineteen (19) feet wide at this location. Staff Recommendation: The Virginia Department of Highways will be enlarging the road at this location in 1982. The right-of-way will go from the present forty (40) foot width to seventy (70) feet then. When this happens,'':the highway right-of-way will extend twenty-five ('25) feet into the applicant's front yard. If the road is enlarged to cover the entire right-of-way, approval of this application would mean that the garage doors would open onto the highway. It also means that a major highway project could be blocked because of this Board's action. Because of the location of the drainfield, the applicant cannot place the garage further back on the left side.of the house (where his side door is located). Location of the garage on the right side of the house would require either a new access or a long driveway. There does appear to be a hardship in this case but the Highway Department's plans cannot be ignored. Staff recommends approval if the garage is either moved back (I can't determine if that would interfere with the septic tank) or moved around so the long side faces the road and moved back from the future 'right-of-way. DLS:.btr CC: J. 0. Renalds, III, County Administrator Carroll Rinard, applicant Reginald C. King, Department of Highways and Transportation 703/662-4532 �j 4 '1 d f 7, �j .,T W. Owens, et -.-x it 1� e D E E D p A, --oll Rinard VIRGINIA T [PUTY, (M. !,Js Instrurre-it of wr;t;rg was pcducej to me th , y ;certificate apjA;u of acknowledgment ikto innexed was admitm. to; racord CLERK - ---- ------------- - L.v%v OiFnicEs LARRICK AND _W111'r-B WINCHESTER, VIRGINIA 22601 35 EASt BOSCAWEN STREET 005 -14-C LAW OFFICZS -ARR,CK AND WHITE . ai ,.-, BOOK 354 ;PArn 187 THIS DEED, made this day of %!� 1969, between Roy W. Owens and Eunice W. Owens, his wife, of the one part, hereinafter called the Grantors, and Carroll D. Rinard and Connie S. Rinard, his wife, of the other part, hereinafter called the Grantees. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantors do grant and convey With General Warranty of Title, unto the Grantees, as tenants by the entirety, in fee simple, with survivorship as at common law, together with all rights, privileges and appurtenances thereto belonging, all Df that certain lot of land situate approximately 10 miles Northwest of Winchester, on the West side of Virginia Secondary Highway No. 600, in Gainesboro Magisterial District, Frederick County, Virginia, and designated as Lot No. 2 on the plat of the Lots of Roy W. Owens recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 343, at Page 333• Said lot fronts 200 feet on the West side of said Highway No. 600, and extends in a westernly direction with an even width for a distance of 184.92 feet along its Southern boundary, and 184.82 feet along its Northern boundary, and being a portion of the realty conveyed to the Grantors by deed of Elizabeth J. Darlington, et vir, dated October 27, 1943, and recorded in said Clerk's Office in Deed Book 188, at Page 130. This lot is subject to the rights of way of record, if any, affecting the aforesaid realty and to the following covenants which aru constituted covenants real to run with the land: 1. Only one building to be used as a dwelling house and one garage may be permitted upon said property. to construct may be permitted on said property. 1 0 01-n�-1 LAW OFFICES .ARRICK AND WHITE WINCHESTER, VIRGINIA I� property. 3o11'K 354 MCE J-88 3. No trailers or tents may be permitted upon said 4. No animals or fowls, excepting only house pets, may be kept or maintained upon said property. 5. No business of any kind whatsoever shall be conducted on said property, nor shall any buildings for commer- cial purposes be constructed, thereon. 6. Wells for water and septic tanks or chemical toilets for sewage must be constructed under the supervision of the Frederick County Health Department. No outhouses will be permitted upon said property. 7. No building may be erected within 25 feet from Virginia Secondary Highway No. 600, or within 10 feet of the side or rear property lines. I The Grantors covenant that they have the right "Co convey said realty to the Grantee; that the Grantee shall have quiet possession thereof, free from encumbrances; that they have done no act to encumber the said realty, and that they will execute such further assurances of title as may be requisite. WITNESS the following signatures and seals: «,�Zc-� Rwens ( SEAL) Eunice W. Owens I COUNTY OF FREDERICK, to -wit: + a Notary Public of and for the State and County aforesaid, do certify that Roy W. STATE OF VIRGINIA, BooK- 354 PAGE J..89 Owens and Eunice W."'Owens, his wife, whose names are signed to the foregoing instrument, bearing date on the day of / lccc�. , 1969, have acknowledged the same before me in my State and County aforesaid. Given undev my hand this � 5 day of `�j,a , 1969 MY� commission expires / /"`un e.1, Notary Public ( (J(i'�ivrrw.z.�,�rnc GC.' .vt�+,c�l✓ .�� . �Y�� �`) L ViRCINIA FREDEMCK COUNTY, SCT. * This instrument of writing was produced to me on the......% ._.... day '. 1 Y i 124 C� `..at.., ! ... �` "�:........`., and with certificate of ac ;,0w4ed3ment thereto annexed was admitted to record. And additional tax paid. Clerk _ W.'Wr VIRGa.A 0 09- gy-9 H. RONALD 13ERG PLANNING DIRECTOR DOROTHEA L. STEFEN ZONING ADMINISTRATOR ryartment of Talanning anb 6-et pliltlit CERTIFIED MAIL July 31, 1978 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s): 9 COURT SQUARF. WINCHESTER, VIRGIPIIA 22601 The application of Carroll D. Rinard, requesting a forty-seven (47) foot front setback variance for the construction of a garage on the property zoned Agricultural -Limited (A-1) and designated as Property Identification Number 29(2)2, on Route 600, 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, August 15, 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. Dorothea L. Stefen Zoning Administrator DLS/btr CC: J. 0. Renalds, III, County Administrator 703/6621-415,32 a ,I, wI4 a cc. 0 U F- > > .. .. �... w rt a In uF J r S O Z w a C, H j ¢w I f n,:, I r ht�-���:acL 4 � to 40 Z nr Z j O t- Ji f l l t'III C TOTAI POSTAGE AND FEES POST MAHh UH UA f E t��i r UN iiJ tENNATfONAI htlAll RII everse) I�(See -- i W fnc�,es4�rl Ua . Karoo (;ERTIFIED FEE uj IWi SPECIAL DELIVERY Q REST RICTEDDELIVERY ui iu U > V `h'LiN TO V:HU61 A%D Q DATEUELNERED a> CSHOW TO'WHOM. DATE Z a AND ADDRESS OF Lu DELIVERY O Lu U SHOW TO WHOM AND DATE --, a ¢ DELIVERED WITH RESTRICTED y O ¢Z DELIVERY 0 H SHOW TO WHOM. DATE AND U ADDRESS OF DELIVERY WITH K RESTRICTED DELIVERY TOTAL POSTAGE AND FEES 3 POSTMARK OR DATE-- V `TJ i-,iG`Vlt.[D— NUT FGR III rERIIA-RZh.%L MAIL (See Reverse) -- N `fit' *. a, Qox a1aA - l�xnc�,es Va.. aa�o1 W CERTIFtEDFEE a W- LL -- - - SPECIAL DELIVE R) - a 0 RLSTRIC TED DELIVERY Q LL 9 W LL U ,; yJ!/ TO naii;A dLU cc U 2 DATE DELIVERLD a to s w - ----_— .----- Q W L9 -HOW TO 41-1Or.1. DATE a -ND ADDRESS OF a O Z w DELIVERY a O w ;HOW TO'i1HOM A6D DATE W ¢ DELIVERED WITH RESTRICTED a p Z DFLIVERY Z cc M `;IIOW TO WHOM, UAIE ANO U W AODRL SS OF DELIVERY WI III a 2 HF STRICIED DELIVERY TOTAL POSTAGE AND FEES $ D POSTMARK OR DATE o. Q G cID V 0 w It, i E�,dATiIIw i AL AWL Wlnes�er , Va. !u of NF ILD FL IL SPECIAL DELIVERY -- - C O RESTFO-TED DEl IVE I I", — -- t lu O U i'c'.; TU wi 1,JM A7:U j } DATE OIL G Luu I"' -_._- - a N N -Holy TO WHOM1I. OATt — a 2 AND ADOHESS OE -_- O !iJ DELIVERY h- pO W SHOW TO PrnCf.l;.Np pg7E - a 1Y DELIVl.RED WITH RESTRICTED N O Z DELIVERY a -D, SHOW TO lT DATE AND U W ADDRESS OF DELIVERY WITH ¢ HESTm TED DELIVERY a TOTALPOSTAGE ANDFEES R POS FMARKURDAT�—t- n v M a Nti INSU►3Ai10E COVERAGE Pii0VI0ED— NOT FOR INTERNATIONAL MAIL r____ wee Reverse) POSTAGE—'�"�`�'"L-�•t ! w CERTIFIED FEE R LL SPECIAL DELIVERY oc --- _ O RECTRICTLODELIVEHI ¢ U U _ y > `HOW TO WHOM AND DATE DELIVERED g h y _ SHOW TO WHOM, P 0, a. ATE, Z AND ADDRESS OF O Z w— DELIVERY a H W SIIOW TO WHOM AND DA TE "-� 0- ¢ Of LIVERED Will, RESTRICTED h I O �Z OCLIVERY UZ � SHOW TO WHOM, DA FE ANO IA ADORES SOFOELIVENYW;TH CC RESTRICTEDDELIVEHY w TOTAL POSTAGE AND FEES t` R POSTMARk OR DAB TES-- a 4 0 0 x I: 0 4 4 a L X