HomeMy WebLinkAbout10-78 Ronald W Strosnider Side Yard - Stonewall - BackfileAPPLICATION FOR VARIANCE
as
Fee paid K
FREDERICK COUNTY, VIRGINIA
Application No. .0/0'%
7ee�-S
Applicant owner A
Name: !/G�C✓/21
Address:
Telephone Arlelr_ 661 %-
Date of Application 0"8
other (specity)
Occupant (I o---hhher t�han-- p icant)
Name: �e•'�--'L��-e��L�-�'�
Address: 1 f� 'S, 1196-al%wl,-1 �Jl
Telephone
Location of property oew- <1� Zi"� 7j�����1 / � % , /f� "Y ec fa 62pI-C�
Magisterial Districty�
Existing Zoning r �-2•- Property Identification Number tij LI G 6
Existing Use
Adjoining
properties
zoning
- �Z
Adjoining
properties
land use
pj'�.�rLc✓�
Variance Sought (describe briefly relief sought)
J
Reason for Seeking Variance:
1
�> i
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
�. 06 ri WIS / ' / 1
FIN Not, - pme
Mailing address
i'/D � ��?// . lam" ✓� ��,��
;
I/we hereby depose and say that all of the above statements and the statements
contained in any exhibits transmitted are true.
19 :7,p
Applicant
Zoning Administrator
of decision: --FA .,Y-n- ,ti
W-W
Date
Date of hearing:
For Office Use Only
/has not render d a decision. If so, state sub tance
n �� I , n _� - - �l
Zoning Administrator
Final Decision Made:
The Variance sought was denied/approv d with the following conditions:
BOARD OF ZONING APPEALS
Building Permit #
Conditional Use Permit #
Chair n Date
00-%-a.
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
116
I/we hereby depose and say that all of the above statements and the statements
contained in any exhibits transmitted are true.
' e
Applicant
For Office Use Onl
Zoning Administrator a;`/has not renderad a decision. If so, state subsNtance
of d e c i s i o n A 0`"-
-1) y _ -f ( n- I,
Date v Zoning Administrator
Date of hearing:
Final Decision Made:
The Variance sought was denied/approved with the following conditions:
BOARD OF ZONING APPEALS
Building Permit #
Conditional Use Permit # by:
Chair n Date
i9epartm.en# of 111anning ttu e e� min
H. RONALD BERG
PLANNING DIRECTOR P. 0. Box 601
DOROTHEA L. STEFEN 9 COURT SQUARE
WINCHESTER. VIRGINIA 22601
ZONING ADMINISTRATOR
August 3, 1978
TO: Frederick County Board of Zoning Appeals
FROM: Dorothea L. Stefen, Zoning Administrator4•
SUBJECT: Code Rationale and Staff Recommendation for Case No. 010-78.
Case No. 010-78 Ronald W. Strosnider wishes to erect a dwelling on a property
which is located in a.R-2 (Residential -Limited) District. In the R-2 Section
of the Zoning Ordinance, minimum side yards for dwellings must have a total
width of thirty-five (35) feet and one must be at least fifteen (15) feet
wide.
Since the applicant wishes to erect a dwelling that would be within twelve
(12) feet of the property line on both sides, it would be necessary for side yard
variances of eight (8) feet and three (3) feet to be obtained before a building
permit could be issued.
Staff Recommendation:
Staff recommends approval because this is an old lot of exceptional
narrowness and if a variance were not granted the property could not
reasonably be used (see Section 21-158,b). A twenty-six (26)foot house
with twelve (12) foot side yards would not,in my opinion, violate the
intent of the Ordinance.
DLS:btr
CC: J. 0. Renalds, III., County Administrator
Ronald W. Strosnider, applicant
703/662-4532
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F'RONT ELEVATION
*cc tic ram- -I -�. -
rF A::RRA!',A R
!ade t:l is J_lt'! d-a..y of I:T�. , J_"40, betvaeen
3. s I) �D
1 �Tenkins n ,G. erY.i ce en ]. ns,<'rties of the fir?
rnest
r'art and * Teets <;nd l.=arr7irct Teets, his : i 'e, nar.ties of
the second .Tit:"' ecceth:
T'iat f or and. in con : i dera:ti on of . j190.00 cash in 1} and n c J.d
I
by the nartie r, of the securd mi-rt to the parties of the fi.rr.t nr-1rtl �
t'-e r�, ^nint of 1hi.C11 is 11ereby ac'~noivledned, the -parties of the
first pert ..,E>reby rant, cell and Cor:VetT with general warranty
of title unto t•`_:e naxtiF;a of the second hart, their ',eirs and
assigns , share and .'"are alike, al]_ of t:.at certain lot or j
rorcel of and, lyi.n and beJ.n�-i.tuate in Frednric'_� Counter, Va.
.
Short di_s ' nee, Enct of t'_.e Cornorate linits of the Ci t7T of
;rinChestes•, �.n. S:r. n.�.on is -11 Addition to said. city,, of I',�inc'r!esi;er,
and bei �F' deCifinn'.ed �s 1)ot ;o. 36 on the flat of said Shannon
Hill Addition., 1,vh .ch is of rreord in th-e Clerk's Office of the
Circuit of Fred^rick County, Virginia, i+.n Deed Book 110. 153,
p,:
a;-e 40. :�:.:i d lot frOuts Ori L'.--ts i_ort'i jllle o1 ,e: 1, v Lrr`. �- i:Lit
ipL:r?jvny i.i.renue) a distance of 50 feet, and extend-, back in a
noTnly direction a di;tunce of 222.10 feet along, its �,,.'e";tern
_ tu..�her
side, and
t1i.:,tance of 211.15 feet alarm its eastern side, -md
is further _'.entJ.i'i ed as the sar^e lot which was con`T'Ye
to Alice ; iicoiche by Fr.r:nk I._icciche by deed dated September .4,
19341 ,,,iich i^ of record ir. the aforesaid Cleric's Of -'ice in need
Boor a'o. 168, ra,°e 376� and being the s,-me n2•onerty C011LT^'7'e�? to
Ernest �TemIrir_s bar deed from Alice 1r`;icciChe et sir LIT deed r: },?d
July ?-!d., 1_938, and, -evorded in said. Clerk's Office it: DFci
BOoI' 17Ei, '�`ii,F3 336.
7-.Ls (-oi,I • ic'nce is .:;fie subject to the
i
CO"enan+s real running �.'� t}1 the'tn('l 3 c n :- :i
.n lrCl'"1 :zabeth E't* r �: O' t F O
or <.
f Ciche C' J. it is of rr'eor d in t1ae afor r':. --._ d Lle :'h' S iJf•i':i.CF� In
1
:COI' i'trJ� 1�)�, '��'"e 65.
LAW OFFICES
KERN & KERN
WINCHESTER. VA.
LAW OFFICES
KERN & KERN
wINCHESTER, VA.
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certify Vnat i�lrnE.E-t jenk-l.ns -.1,,nd' '.' 31,-cl k 211-
Tila-les are -ned to 41-. !,,e fcc)re,Oi.n, bearinr- cfflte
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a-re're on,
I.-Y County and Ste-te r 0'.
CO=--!Ssi.-)n
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Given im-,der ,iy
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Bgarhment of Planning anzt Tj lit
H. 'PONALo BERG
PLANNING DIRECTOR
DOROTHEA L. STEFEN
ZONING ADMINISTRATOR
CERTIFIED MAIL
July 31, 1978
TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s):
P. O. 13Ox 601
9 COURT SQUARE
WINCHESTER, VIRGINIA 22601
The application of Ronald Strosnider, agent, requesting a left side yard
variance of eight (8) feet and a right side variance of three (3),feet
for the construction of a dwelling on the property zoned Residential -
General (R-2) and designated as.Property Identification Number 54G(1)36
in Shannon Hill Subdivision, Lot 36, 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, 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
703/662-4532
NOT FOd ik fbiiiATV)iL MAIL
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MARGARET 0. TEETS =-- LAST WIL L AND TESTAMENT
BON - 7.7 PAGE . 764
THE LAST WILL AND TESTAMENT OF MARGARET O. TEETS
I, MARGARET O. TEETS, of Gore, Frederick County,
Virginia, being of sound and disposing mind and memory, do hereby
make; publish and declare this to be my Last Will and Testament,
hereby revoking all other wills heretofore made by me.
FIRST: I desire that all my just debts be paid as
soon after my death as may be practical, including my furneral.
expenses,- costs of administration and all taxes of whatever nature
hich shall,be charged to my estate and to the beneficiaries.
SECOND: I give, devise and bequeath to my daughter,
CAROLYN T. COOK, my mobile home and all of its contents located
at The Knolls near Gore, Virginia
THIRD: I give, devise and bequeath to my three children
namely, CAROLYN T. COOK, KIRBY TEETS, JR. and GRAHAM F. TEETS, all
of my right, title and interest in and to that certain lot of
land upon which my house once stood on West Virginia Avenue near
Winchester in -Frederick County, Virginia.
FOURTH: All of the rest, residue and remainder of my
estate, I give, devise and bequeath to my daughter, CAROLYN T.
COOK.
FIFTH: I direct that I be buried beside my husband's
rave in the Shenandoah Memorial Park, Frederick County, Virginia.
SIXTH: I hereby nominate and appoint my daughter,
AROLYN T. COOK, as the Executrix of this my Last Will and
astament to serve without surety upon her official" bond.
,
old--7H(,- '765
BOOK 77 PACE V65
IN WITNESS WHEREOF, I have. hereunto set my hand and
seal to this my Last Will and Testament consisting of three
typewritten pages, this day of ('�,�, 1975.
MI�}� ARET O. TEETS
MT
The above signature of the testatrix was made and the
.oregoing was acknowledged to be the Last Will and Testament by
.he said testatrix in the presence of us, three competent
itnesses, present at the same time; and we, the said witnesses,
ereunto subscribed the said Last Will and Testament on the day
ast above written at the request of the testatrix as attesting
itnesses in the presence of the said testatrix and of each other
nd we certify that she was then of sound mind and over the age of
ighteen years."
I
rr1'
n
CI ��
TATE OF VIRGINIA
2
OF��u , to -wit:
Before me, the undersigned authority, on this day
ersonally appeared Margaret O. Teets, `
and , known to
e to be the testatrix and the witnesses, respectively, whose names
re signed to the attached or foregoing instrument and, all of
ese persons being by me first duly sworn, Margaret O. Teets, the
estatrix, declared to me and to the witnesses in my presence that
aid instrument is her last will and testament and that she had
MASSIE AND SHARR illingly signed or directed another to sign the same for her, and
ATTORNEYS A7 LAW - -
WINCHMIR. VIRGINIA xecuted it in the presence of said witnesses . as her free and
2 -
7
1
M iF � •1I; * '*'�' * * � * -� iE ih iF iF -l(- iE i(- iE -I(• iF iE �(- �E iE iE -1E iE -lF iE �F -I(- -l(- 9(- �l- �E -IF
MARGARET 0. TEETS'--- LIST OF HEIRS
�. r. r1L covrA"rl BOOK %% PACE *7�s .
RLtb +� and t,,I„ i•n J No. 8-169—LI
Lrn&-ZwN. vtre�..0 •
M ' '--rnly swear that I.have made diligent inquiry as to the names, ages, and addresses of the heirs of the
decedent, and that I believe the above list of sarpe to be true and correct, so help me Clod.
t
H-:�W._
'el-R ..,x..— ...............
..................................................._....... _...... ........... _....................
7��72L ".."7�'Afl_...of Said Decedent.
I!t
V k--COIIXTY OF ..... ..................... TO-N'IT:.��yy��
iMd and sworn to before me in my County aforesaid this the..4Y7..-daJ of ...... /•� �-• 1^ ,-
Circuit Court of County.
1 � l �.4......
n Clerk's Office, Circuit Court Of------. County,-...... -1 --•••
Code of Va., 1950.)
olo-IV-19
KER
IN
STROSNIOER REALTY COMPANY a '
REAL ESTATE PURCHASE CONTRACT
ICENSED AND BONDED IN VIRGINIA, WEST VIRGINIA. MARYLAND AND WASHINGTON. D. C.
June 7 78
This CON.z RQQCT OF P 'RCHAS made in triplicate as of 19 ,
amongKobe rt �. an Reva ,; . St rosni de r _ (herein called "Purchaser"),
and rr; ia� m F . Teets , K i -by_ B . Teets and Carolyn T. -Cook _(herein called "Seller'),
(herein called "Agent"),
provides that Purchaser agrees to buy through Agent, as agent for Seller, and Seller agrees to sell the following described real estate, and all
Winchester_
im rovements thereon, located in the t2fKYtify?t:�r Oi3)U[f ErP dBrick
(Virginia (all herein called "the property"):
A�1 that certain lot or parcel of land .1rights, rights of
ways , and a situateIn :;hannon ill Audition es�'gizated e d�_�_in Deed Book No..___
153, rage 540, said lot being 50x222 10, in r derick CQun_ty. Va
, and more commonly known as
(street address).
1. The urchase price of the property is Three Thousand Dollars
Dollars (f 0 000 t QO ), and such purchase price shall be paid as follows:
$100.00 Earnest money deposit, Balance cash at date of settlement
2. If a loan placement fee is required by any lender, Seller agrees to pay that part of any such fee in excess of one per cent, which
Purchaser has agreed to pay.
3 Purchaser has made a deposit of One Hundred Dollars Dollars ($
100' CC )
with Agent, receipt of which is hereby acknowledged, and such deposit shall be held by Agent in escrow until the date of settlement and
then applied to the purchase price, or returned to Purchaser if the title to the property is not marketable.
4. Seller agrees to convey the property to Purchaser by General Warranty[%Led with the usual English covenants of title and free and clear
from all enzumbrances. tenancies. liens (for taxes or otherwise), except as may be other* provided above, but subject to applicable restrictive
covenants of record. Seller further agrees to deliver possession of the property to Purchaser on the date of settlement sod to pay the expense of
preparing the deed of bargain and sale and the required revenue stamps.
S. Settlement shall be made at the offices of Agent or at A ent r s Office _ __on or before
.July 7 , 19 8 , or as soon thereafter as title can be examined and necessary documents prepared, with allow-
ance of a reasonable time for Seller to correct any defects reported by the title examiner.
6. All taxes, interest, rent, and F.H.A. or similar escrow deposits, if any, shall be prorated as of the date of settlement.
7. All risk of loss or damage to the property by fin, windstorm, casualty, or other cause is assumed by Seller until the date of settlement.
8. Purchaser and Seller agree that Agent was the sole procuring cause of this Contract of Purchase, and Seller agrees to pay Agent for
services rendered a cash fee of per cent of the purchase price. If either Purchaser or Seller defaults under such Contract, such
defaulting party shall be liable for the cash fee of Agent and any expenses incurred by the non -defaulting party in cQ�tnecu n with this trans-
action. r�rec�eriek County
This Contract is subject to permit being issued by Winchester Building or
Authority or a e room we ing on Said land. If unable to obtain
permit,_this Contract shall become null and void- ^_-
9. Purchaser represents that an inspection satisfactory to Purchaser has been made of the property, and Purchaser agrees to accept the
property in its present condition except as may be otherwise provided in the description of the property above.
10. This Contract of Purchase constitutes the entire agreement among the parties and may not be mcdified or changed except by written
instrument executed by all of the parties, including Agent.
11. This Contract of Purchase shall be construed, interpreted, and applied according to the law of the State of Virginia and shall be
binding upon and shall inure to the benefit of the heirs, personal representatives, successors, and assigns of the parties.
WITNESS the following signatures and seals:
(SEAL
Seller
'A z_(SEAL
Seller
) (SEAL)
Agent
Deposit Rec'd S —
Check Cash
Sales Agent
(SEAL)
irchamr
(SEAL)
it chaser