HomeMy WebLinkAbout18-78 Fred Co Planning Dept Lot width (Schnabel - Smith) - BackfileNo. 359410
AECEIP"T FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PRf-9EO—
NOT FOR INTERNATIONAL *IL
(See Reverse)
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STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE,
CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see front)
1. It 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 %ya�nt delivery restricted to the addressee, or to an authorized agent of the addressee,
endors@'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.359413
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PRF=':DEO—
NOT FOR INTERNATIONAL &L
(See Reverse)
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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. It 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
adjacenf to the number.
4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee,
endorsifESTRICTED 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.359409
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED —
NOT FOR INTERNATIONAL WIL
(See Reverse)
SENT TO
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P.O.. STATE A D ZIP CODE
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TOTAL POSTAGE AND FEES
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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 authorized agent of the addressee,
endorse JESTRICTED 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. 359414
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED —
NOT FOR INTERNAJIONAL "L
(See Reverse)
SENT TO,,SCk rne5 LLL,
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ST EET AND NO.
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P.O., STATE AND ZIP CODE
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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 authorized agent of the addressee,
endorse+ESTRICTED 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. 359411
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED —
NOT FOR INTERNATIONAL MAIL
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RESTRICTED DELIVERY
TOTAL POSTAGE AND FEES
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POSTMARK OR DATE
STICK POSTAGE STAMPS TO ARTICLE TO COVER FIR,. r 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, atix 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 it you make inquiry.
No. 3 Z)
RECEIPT FOR CERTIFIED MAIL
• NO INSURANCE COVERAGE PROVIDED —
NOT FOR INTERNATIONAL MAIL
(See Reverse)
SE T TO ,,/
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AN-R'
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POSTAGE 9
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TOTAL POSTAGE AND FEES
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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 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.
UNITED STATES POSTAL SERVICE
OFFICIAL BUSINESS
SENDER INSTRUCTIONS PENALTY FOR PRIVATE
USE TO AVOID PAYMENT
Print your name, address. and ZIP CODE in the space below. OF POSTAGE, $300
• Complete items 1, 2, and 3 on the reverse.
• Moisten gummed ends and attach to front of article it space tL&MAIL
permits. Otherwise affix to back of article.
• Endorse article "Return Receipt Requested" adjacent to
number.
RETURN
TO
am'rNI@ o en er
COUNTY OF FREDEMCK, VIRGINIA
Street or . . Box)
Wiwchester, Virginia 22601
(City, State, and ZIP Code)
7,P
SENDER: Complete items 1, 2, and 3.
Add your address in the "RETURN TO" space on
reverse.
1. The following service is requested (check one).
[� Show to whom and date delivered ........... _q;
❑ Show to whom, date, and address of delivery.._4
❑ RESTRICTED DELIVERY
Show to whom and date delivered ..........._0
❑ RESTRICTED DELIVERY
Show to whom, date, and address of delivery. $
(CONSULT POSTMASTER FOR FEES)
2. PARTICLE ADS cif w ,� ¢lPnoe —
nG.zGfr2c
iit' 079
3. ARTIC E DES IPTION:
REGISTERED NO. CERTIFIED NO. INSURED NO.
(Always obtain signature of addressee or agent)
I have received the article described above.
SIGNATURE ❑ Addressee ❑ Authorized agent
4
DATEOELIVERY
POSTMARK
BU
o
5. ADDRESS (complete only it requested)
6. UNABLE TO DELIVER BECAUSE:
CL
INII'1 L
-;L-I
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*GPO 1977 — 0 — 249-595
I�
FREDERICK COUNTY—VIRGINJ&
P. O. Box 601. 9 CotllT--fQUARF-'--'Mb-
WINCHESTER. VIRGI'A 2601
T U) A.
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Ofta
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..lU.S.POSiAGd*
VA. I. i, -ri 4;
GeorgeX,. &c )X'tor
'
36 Ridge ive, E.
Berke le!fXeiqht s,
1978
.-,�
L. Henze� I
sey 07922 -
(JEC 2 - 1978
BZA T#018-78 (d)
00
`,�rE�lErit�2 �II1TIttt1
PFpar#men# of 1,91anning anb 34 6clopment
H. RONALD BERG
PLANNING DIRECTOR P. O. BOX 601
L.J COURT SQUARE
IZONING A IN TRATOR WINCHESTER, VIRGINIA 22601
ZONING ADMINISTRATOR
CERTIFIED MAIL
November 27, 1978
TO THE APPLICANT(s) and/or ADJOINING PROPERTY O'VMZ R(s):
The application of Frederick County Planning and Development, requesting
two eighty (80) foot lot width variances to allow lawful development and
maintenance on the properties zones Residential -Limited (R-2) and
designated as Property Identification Numbers 54D(3)48 and 54D(3)59,
Lots 48 and 49, Section 3, Fairway Estates on Oak Ridge Road in Shawnee
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, December
19, 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 F REDERICK+ , VIRGINIA
Dorothea L. Stefen C
Zoning A^-_inistrator
DLS/btr
CC: J. 0. Renalds, III, County Administrator
703/662-4532
SENDER: Complete items 1. 2. and 3
Add your address in the 'RETURN TO' space on
reverse.
1. The following service is requested (check one).
[VShow to whom and date delivered........... C
❑ Show to whom, date, and address of delivery..
❑ RESTRICTED DELIVERY
Show to whom and date delivered ........... 6
❑ RESTRICTED DELIVERY
Show to whom, date, and address of delivery. $
(CONSULT POSTMASTER FOR FEES)
2. ARTICLE ADDIRESSSED TO: Cc 6a-n
�k
PltlEti �. C'cwfn nG�y '
%
3. ARTICLE D S RIPTION:
REGISTERED NO. CERTIFIED NO. INSURED NO.
3 jC/ '///
(Always obtain signature of addressee or agent)
I have received the article described above.
SIGNATURE L Addressee ❑ Authorized agent
4 --
DATE OF DELIVERY POSTMARK
5. ADDRESS(Complete only it requested)
6. UNABLE TO DELIVER BECAUSE:
CLERK'S
INITIALS
Y7GPU: 1977 — U — 249-b9b
UNITED STATES POSTAL SERVICE
OFFICIAL BUSINESS
SENDER INSTRUCTIONS PENALTY FOR PRIVATE
USE TO AVOID PAYMENT
Print your name, address, and ZIP CODE in the space below. OF POSTAGE, $300
• Complete items t, 2, and 3 on the reverse.
• Moisten gummed ends and attach to front of article if space LLS.MAIL
permits. Otherwise affix to back of article.
• Endorse article "Return Receipt Requested" adjacent to
number.
RETURN
TO
Dept. of P(anni+Ta & Development
COUNTY OF ,c �'°CfK, VIRG�NIA
P. 0. Box 601
Wiechesteis��giiniaP 412%b1)
(City, State, and ZIP Code)
FREDERICK COUNTY, VIRGINIA
P. 0. Box 601. 9 COURT SQUARE
I , \� '?*--,
WINCHESTER, VIRGINIA 22601
is-
1Z,
4ti*
William � Helen D. �o
b _JA00Pf6v— M. Miller,
O?ePPP2, Box 461
U.S.PUS iAru[!X
NOV27'78
4, 0
CEC 15 ISTR
RECEIVED
BZA #018-78 (c)
�re�erir� �.auit�v
P epariment of Iflanning and �DEfxelapnten#
H. RONALD BERG
PLANNING DIRECTOR P. 0. BOX 601
DOROTHEA L. STEFEN 9 COURT SQUARE
ZONING ADMINISTRATOR
WINCHESTER. VIRGINIA 22601
CERTIFIED MAIL
November 27, 1978
TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s):
The application of Frederick County Planning and Development, requesting
two eighty (80) foot lot width variances to allow lawful development and
maintenance on the properties zones Residential -Limited (R-2) and
designated as Property Identification Numbers 54D(3)48 and 54D(3)59,
Lots 48 and 49, Section 3, Fairway Estates on Oak Ridge Road in Shawnee
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, December
19, 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. O. Renalds, III, County Administrator
703/662-4532
�2A 018-17 Y-1
APPLICATION FOR VARIANCE
Fee paid FREDERICK COUNTY, VIRGINIA
Application No. Date of Application �Cle M&l (
Applicant owner_ other (please check one)
Name: E� �, . S rn 0-H Occupant (If other than applicant)
Address: Q JWIS D6 hF-7 Name:
I'MI NC-H �.ST tom. Address:
Telephone U00' • 8 S 3
Telephone
Location of property OAK i�l D6 ZOi4 D fr A l Lo A-i0 L116S 4-f Y7 1, _�__
Magisterial District SAAWA)� t.
Existing Zoning 2 Property Identification Number 5 (3
Existing Use _RL:L*LLb1
Adjoining properties zoning
Adjoining properties land use
Variance Sought (describe briefly relief sought)
^" 116t_
Reason for Seeking Variance:
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
ZLO
ck=1 s s 5AQ1010,A TuT { 7b C�AK 1DGF_ READ
- BZGe L 5; SIR U N a
I I/we hereby depose and say that all of the above statements and the statements
` contained in any exhibits transmitted are true.
IIILTI 19-ram
Applicant...�•
For Office Use Only
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
Z)/J- It- d.
Fee paid
Application No. 6/JY-7Y
APPLICATION FOR VARIANCE
FREDERICK COUNTY, VIRGINIA
Date of Application 1 1 / 2b/ %Y
Applicant owner other t/ (please check one)
a
Name: FQela"3 1r. '.Za]t&� Ngpm crjf Occupant (If other than applicant) �
Telephone
17/ L %�R An��iou� �R i�1F, ll�i ��chfsf i'k,V,t.
Location of property F i & W AV L f A h: S S F c+� o&2 :3 , L, l -
CDA k- A ld, f ROAd Magisterial District _ 5 h A W U cE
6qb(3 ) a
Existing Zoning Property Identification Number C L{.D(3) `f.?
Existing Use
Adjoining properties zoning / - a..
Adjoining properties land use
Variance Sought (describe briefly relief sought)
Zo &+ Ind LtAi. VALAYucE f i4Q& :t�f. -1,2n. s of -9 ,E 0AJ;A)AA)cF -
Reason for Seeking Variance:
i
y
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
James W. Huntsberry & Claude G.
54D(3)44
P. O. Box 885, Winchester, Va., 22601
Monford D.
Custer, Jr.
54D(3)45
407 S. Washington Street, Winchester, Va., 22601
George L.
Henzel & Victoria L.
54D(3) 46
36 Ridge Drive, E. Berkeley Heights, N.J. 07922
Kenneth E.
Smallridge & Vivian
H. 5 (3�
806 Oak Ridge Road, Winchester, Virginia 22601
William H.
Courtney & Helen D.
64(A)113
c/o Stanley M. Miller, Route 2, Box 461
ewes a ry, Penna. 1/339
I/we hereby depose and say that all of the above statements and the statements
contained in any exhibits transmitted are true.
19A_
Applicant
For Office Use Onl
Zoning Administrator a /has not rendered a decisi n. If so, s to substance
of decision: o c
Date Zoning Administrator
Date of hearing: Final Decision Made:
The Variance sought was denied(a,pproved) with the following conditions:
BOARD OF ZONING APPEALS
Building Permit #
Conditional Use Permit #
b y : ) - . � /
Chair n Dato
0/9 q F-
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
James W. Huntsberry & Claude G. 54D(3)44 P. O. Box 885, Winchester, Va., 22601
Monford D. Custer, Jr.
54D(3)45 407 S. Washington Street, Winchester, Va., 226C
George L.
Henzel & Victoria L.
54D(3)
46
36 Ridge Drive, E.
Berkeley Heights, N.J.
07922
Kenneth E.
Smallridge & Vivian H.
5 (3)
47
806 Oak Ridge Road,
Winchester, Virginia
22601
William H. Courtney & Helen D. 64(A)113 c/o Stanley M. Miller, Route 2, Box 461
ewes erry, Penna.
I/we hereby depose and say that all of the above statements and the statements
contained in any exhibits transmitted are true.
19 i
Applicant
For Office Use Onl
Zoning Administrator asf has nit rendered a decision. If so, s ate substance
of decision: c
Date Zoning Administrator'(
Date of hearing:
Final Decision Made:
The Variance sought was denied(a—pproved with the following conditions:
BOARD OF ZONING APPEALS
Building Permit t
Conditional Use Permit fir`
by
Chairman Date,
APPLICATION FOR A BUILDING PERMIT
COUNTY OF FREDERICK
DEPARTMENT OF INSPECTIONS
Date November 14, 1977
1. Contractor:. 2. Owner or Lessee:
a. Name Same
b. Address
C. City
d. State Reg. No.
County No.
�• 4646 f
a. Name Charles W. 2zkxxkim Schnabel
b. Address 297 Country Club Dr.
C. City Winchester, Virginia 22601
d. Phone No. 662-3052 662-3891 office
3. Type of Nlork to be Done Duelling %Garage
a, New ❑x b. Demolish ❑ c. Improve ❑ d. Alter ❑ e. Addition ❑ f. Move ❑
4. Location:
a. Magisterial District Shawnee
c. Subdivision Fairway Estates
e. Other Directions Oak Ridge Road
5. Zoning:
Highway Number
d. Lot No
M
a. Zoning of Property 11�� `� b. Map No. c. ZAN
d. Building Lines: Front 70' R. Side 20, L. Side LO' Rear_140,
6. Building:
a. Building Size 32' x 82' b. Basement Yes c. Foundation
d. Construction Frame e. Ext. ftl is Frze c-3c V peer
f. Int. Finish DI.-cra11 & Paneling g. Floor Const. Hardwood & Vinyl
h. Sash And$rson i. Roof Const. Trnsa & j. No. Stories Twn
Conventional
k. No. Rooms 9—I. No. Dwelling Units 1 m.Type Heating Electric Heat Pum n. Toilets —Baths 2 112
o. Classification of Construction
p. Classification of Occupancy Single Family Dwelling
q. Miscellaneous One Firemilace
7. Demolish: Width x Length x Height - Cu. Ft.
2372 sq. ft.
8. Estimated Total Value of Construction including Value of Materials and Labor: g 709000.00 Fee S 142.32 + 10.00 Garage
Virginia.Uniform
i hereby agree to comply with al provisions of "Th Alt Code'' and the "Zoning Ordinance" as adopted by the County of Frederick.
Signature of Applicant Address
9. Review Action:
a. Zoning � Approved ❑ Not Approved Date hj 17
b. Utilities:
Vlater and Sewer Available -Yes ❑ No
Sever Approved ❑ Not Approved
Vlater �pproved ❑ Not Approved
c. Board of Supervisors Approval Required ❑ Yes _;E- No
d. Final Action:`: �� r
Application .Approved--_ ❑ Not A proved
Director of Inspection ! Date Z—% %
iactrical Permit Requirzd tt f
41.a3trical D9D3rtment t1LU iNii td C� C N1! i 1
667-8434 - 652-4070 1AUST BE OB iA_N Sfl.
21 G'J. Piccad.111y St.:
PLANS ON FILE!
�xe��xYc� Cru�xr#g
Department of jjlanning anb pefx.eloynten#
H. RONALD BERG
PLANNING DIRECTOR P. 0. BOX 601
DOROTHEA L. STEFEN 9 COURT SQUARE
ZONING ADMINISTRATOR m e m o r a n d u m
WINCHESTER, VIRGINIA 22601.
December 5, 1978
TO: Frederick County Board of Zoning Appeals
FROM: Dorothea L. Stefen, Zoning Administrator
SUBJECT: Code Rationale and Staff Recommendation for Case No. 018-78.
Case No. 018-78 In 1970, the Board of Supervisors approved the final plat
of Fairway Estates, Section 3 including lots 48 and 49. At the time of
this Subdivision approval, zoning compliance was not a requirement of approval.
The Subdivision Ordinance has since been changed to include this requirement.
In order to meet the zoning requirement of one hundred (100) foot lot width
at the setback line, these:.Christmas tree shaped lots need eighty (80) foot
lot width variances to allow lawful development on lot 49 and maintenance of
the existing dwelling on lot 48.
Staff Recommendation:
Staff recommends approval since a legal.hardship exists as per Section
25-158(b). The properties appear to have been purchased in good faith and
because of the exceptional narrowness and shape of the properties the strict
application of the terms of the Zoning Ordinance would effectively prohibit
the use of the properties.
A building permit was issued on lot 48 because of staff error.
DLS:btr
CC: J. 0. Renalds, III, County Administrator
Charles W. Schnabel (lot 48)
Ken E. Smith (lot 49)
703/662-4532
S
-2T-130-
1713 Ins.
G-13
LB/ca
/24/75
#1300
LEMUEL W. BROWN, ET UX
TO: .: :: DEED
KEN E. SMITH, ET UX
*****************************
scoK 443 i'vi 8E8
THIS DEED made and dated this �` day of May,
1975, by and between LEMUEL W. BROWN and SARA R. BROWN, his
wife, parties of the first part, and KEN E. SMITH and CAROLYN A.
SMITH, husband and wife, parties of the second part.
WITNESSETH: That for and in consideration of the sum
of Ten Dollars ($10.00) and other good and valuable considera-
tion, the receipt of all of which is hereby acknowledged, the
parties of the first part do hereby grant, bargain, sell and
convey, with general warranty of title, unto the parties of the
second part, jointly, as tenants by the entireties with common
law right of survivorship, it being intended that the part of
the one dying should then belong to the other, his or her heirs
or assigns, the following described property:
All that certain lot or parcel of land
designated as Lot No. 49, on a plat of Fairway
Estates - Section 3 of the Winchester Development
Corporation as prepared in January, 1970, by
Lee A. Ebert, Certified Land Surveyor and
recorded in the Frederick County Circuit Clerk's
Office in Deed Book 364, at page 653. The
property hereby conveyed is one of the parcels
of land conveyed to the male grantor herein by
deed of Winchester Development Corporation,
dated January 17, 1973, recorded in the Frederick
County Circuit Clerk's Office in Deed Book'403:,
at page 166.
Reference is here made to the aforesaid deed and,,plat!,
and the references therein contained for a further and more
particular description of the property hereby conveyed.
This conveyance is made subject to the following
covenants and restrictions, which shall be considered as cove-
nants real, running with the land, and shall be binding upon all
subsequent owners and enforceable by the grantors and all other.
owners of all lots in the subdivision known as "Fairway Estates."
1. All those covenants and restrictions contained in
that certain deed of dedication by the Winche'ster Development
Corporation dated June 2, 1970, recorded in the Frederick County
41
• 0112-71Yff 869
boor. 443 roc-[ 869 .
Circuit Clerk's Office in Deed Book 364, at -page 646, and hereby
,incorporated in full in this deed by -this reference.
2. All those covenants and restrictions contained in
the deed dated October 27, 1958, of record in the aforesaid
Clerk's Office in Deed Book 254, at page 548, from the Winchester
Golf Club, Inc. to Winchester Development Corporation, and hereby
incorporated in full in this deed by this reference.
+This conveyance is also subject to the further
restriction that nothing but a driveway for access to•the lot .
hereby conveyed shall be constructed or maintained within the
20-foot strip adjacent to Oak Ridge and as shown on the afore-
said plat.
Subject to the above, the parties of the first part
covenant -that. -they have a right to convey said property to -the
grantees; that they have done no other act to encumber said
property = that they will execute such further assurancbs of
title to said property as may be.requisite; that they are seised
in fee simple'of the property conveyed; and that the.grantees-
shall have quiet possession of said property free from all
encumbrances.
WITNESS the'following signatures and seals:
_(SEAL)
Lemuel W. Brown
s
`S (SEAL)
eraBrown
STATE OF VIRGINNIA II
OF Td-wits
, a Notary Public in
and for the State and aforesaid, hereby certify
356.
3286A
BIB: dj
10-14- 76
cic=s wxa BUM"
wro :+r:7s AT VA
VA. XSMI
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#3385
FRED L. GLAIZE, III, ET UX
TO: .. DEED
CHARLES W. SCHNABEL, ET UX
sry 4r35 pbr.c ^ ^ -
THIS DEED made and dated this day of ��19 %i , by and
between FRED L. GLAIZE, III -and ANN'W. GLAIZE, his wife, parties of the first part,
hereinafter called the Grantors, and CHARLES W.. SCHNABEL and ADRIENNE L.
SCHNABEL, his wife, parties of the second part, hereinafter called the Grantees.
WITNESSETH: That for and in consideration of the sum of Ten ($10.00)
Dollars, cash in hand paid, and other good and valuable consideration, the receipt
which is hereby acknowledged, the Grantors do hereby grant and convey with genes
warranty of title unto the Grantees, in fee simple, jointly, as tenants by the entirety
with right of survivorship as at.common law, it being intended that the part of the
one first dying should then belong to the other, his or her heirs or assigns, all of
that certain lot or parcel of land, together with the improvements thereon and the
appurtenances thereunto belonging, lying and being situate in Shawnee Magisterial
District, Frederick County, Virginia, and more particularly described as Lot No. 48
on that'cerWn plat of Fairway Estates, Section Three, of record in the Office of the
Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 364 at Page
653, and by this reference made a part hereof as if set out in full, and being a portio
of the same land conveyed to Fred L, Glaize, III, by deed dated January 17, 1973,
from Winchester Development Corporation, a Virginia Corporation, of record in the
aforesaid Clerk's Office in Deed Book 403 at Page 165. Reference is made to the
aforesaid plat and deed for a more particular description of the property herein
conveyed.
This conveyance is made subject to all easements, rights of way and
restrictions of record affecting the subject property, -and particularly those set
in the Deed of Dedication of Fairway Estates, Section Three, dated June 2, 1970, of
record in the aforesaid Clerk's Office in Deed Book 364 at Page 646 and by this
reference made a part hereof as if.set out in full; and also to that certain restriction
set forth in the aforesaid deed conveying the subject property to the male Grantor
herein, with respect to the 20 ft. strip'adjacent to Oak Ridge Road.
-1-
g--?g-16357
1CKYS AND DUMER
Al IKP Ts AT LAW
WD, M&Tza. VA. 1i601
11 "W" "manoM &TAKE?
BG�K E3o5 ou 35*7
The Grantors do hereby covenant that they have the right to convey to the
Grantees; that the Grantees shall have quiet and peaceable possession of the said
property, free from all liens and encumbrances; and they will grant such further
assurances of title as may be requisite.
WITNESS the following signatures and seals:
(SEAL)
FRED L. GLAIZE, III /f
&) . ��" 6tc�z ,t J (SEAL)
b
OF VIRGINIA,
t ' OF y�,:e ate` J. TO -WIT:
I, V'7IJAtY,j , (� 1��/��,�� J , a Notary Public in and for the State
ANN W . GLAIZE
aforesaid, do hereby certify that FRED L. GLAIZE, III, and ANN IV. GLAI,
his wife, whose names are signed to the foregoing Deed, dated f /4
192(, , have personally appeared before me and acknowledged the same in my State
and aforesaid.
vh 19 '26 . Given under my hand this day of ,: ,
Aly Commission expires
OTARY PUBLIC
1 gas commissioned as Sharon R. Soileah-
Y IRS-3 Is A
,^ CDJ.trt Scf.
T:/:iis inLir4meut or %-riling was produce3 to mo oa the
19 at
snd with carti;i;;a:a of ac!caowl.dgmaat th3rsto anae :.)3 vt.y
zdznitL«1 to rsca.d. '1'a.; jasaa �y
$ � 5a
and 5 --54 hava boon P Ad, if a ;2o
-2-
THIS DEED made and dated this 18th day of September,
1978, by and between JAMES L. LONGE RBEAM and SHELDA W. LONGERBEA
his wife, parties of the first part; and JOSEPH J. SWACK and
PHYLLIS J. SWACK, his wife, parties of the second part.
WITNESSETH: That for and in consideration of the sum
of' Ten ($10.'00) Dollars, and other good, and, valuable considerati
receipt.of which is hereby acknowledged,'the said parties of the
first part.do,hereby grant and convey, with general warranty of
title,.unto the said parties of the second part, jointly, as
tenants by the entireties, in fee simple, with the common law
right of survivorship,: all.of that certain lot,or parcel of land
together with all rights., rights of way and appurtenances
thereunto belonging, lying and being situate in Opequon Magister.
District, Frederick County, Virginia, containing 3.994 acres,
more or less, being designated as Parcel B-1 on that certain
plat and survey dated September 9, 1978, prepared by J. R. Nicelll
C.L.S., hereto attached and by this reference made a part of thiE
deed, and being more particularly described as:
Beginning at the southwestern-
most corner of the Swack land;
thence with the southern line of
that land, S 590 08' 43" E 480.00
feet to a corner with Parcel C;
thence with C, S 66° 27' 23" E
121.21 feet to a new corner with
Parcel B-2; thence by two new
division lines with B-2, S 300
51' 17" W 303.67 feet; thence
N 590 08' 43" W 600.21 feet to
a new corner in the line of the
land now or formerly owned by
Boyce; thence with Boyce N 300
51' 17" E 288.27 feet to the
beginning;,
and being a part of the same property conveyed to the said partie
of the first part by Deed of Edward J. Zimmerman, et ux, dated
July-16, 1975, of record in the Clerk's Office of the Circuit
LAROENT,ANDERSON. Court of Frederick County, Virginia, in Deed Book 446, Page 688,
LARRICK. GROVES
& CRUMP
ATTORNEYS AT LAW
`VINCHESTER, VIRGINIA
1
I
aUrnittecl to record.. lax 11:l.»;act njy Sac, 5ti 01
$>O and 5 _-54 have been paid, if assessable,
�% Clerk.
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Department of 1Xanntng aub pefrelayntent
H. RONALD BERG
PLANNING DIRECTOR
DOROTHEA L. STF_FEN
ZONING ADMINISTRATOR
CERTIFIED MAIL
November 27, 1978
TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s):
P. O. BOX 601
9 COURT SQUARE
WINCHESTER, VIRGINIA 22601
The application of Frederick County Planning and Development, requesting
two eighty (80) foot lot width variances to allow lawful development and
maintenance on the properties zones Residential -Limited (R-2) and
designated as Property Identification Numbers 54D(3)48 and 54D(3)59,
Lots 48 and 49, Section 3, Fairway Estates on Oak Ridge Road in Shawnee
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, December
19, 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 FREDERRICK, VIRGINIA
Dorothea L. Stefen
Zoning Administrator
DLS/btr
CC: J. 0. Renalds, III, County Administrator
703/662-4532
No. 359411
RECI=IPT FOR CERTIFIED MAIL
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No. 59414
RECEIPT FOR CERTIFIED MAIL
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NOT FOR INTERNATIONAL MAIL
(See Reverse)
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FREDERICK COUNTY—VIRGINIA.
P. 0. BOX 601. 9 COtrRr-GOUARE' _
WINCHESTER, VIRGINIA2601
(0) 8L-8T0# `dZH
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