HomeMy WebLinkAbout03-79 Marjory S Caspary Side Yard - Shawnee District - BackfileBZ# - 0,n3 75 -4
APPLICATION FOR VARIANCE
00
Fee paid FREDERICK COUNTY, VIRGINIA
-Jel a y
Application No. 00- 3` 7�1 Date of Application /,/�Q 17`/
Applicant owner ✓ other (please check one)
Name: /hAe�c.�Y S, (���,g4 Occupant (If other than applicant)
Address: )� �.3 Sc. �rt1Cr�r��% �� . Name:
s l c r i i ��L ��nl Address:
Telephone
Telephone
Location of property Lei 9v SF01,�nu (' � ti � ��G kAttjls (,Led•u+ s;w
rr'ecter ; e k 0-ralj�' Magisterial District
Existing Zoning R - 3 Property Identification Number
Existing Use
Adjoining properties zoning
Adjoining properties land use J- os ; de-ti4,'6
Variance Sought (describe briefly relief sought)
S-dE tiQ�d Ua(d LtEc , D
Reason for Seeking Variance:
�eS�CP �DUSC FOB Ib� I 10/ �A'�ST„(q Zexl,lU��C
c�QY�Oc)S.
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
Ida - /
Mailing address
z'2/ec z1l."z
6C?4, � (;&-y- .57S 3
_J3
?WW 1 <H`4w
I/we hereby depose and say that all of the above statements and the statements
contained in any exhibits transmitted are true.
"-',1. 19Z�-
Applicant
For Office Use Onl
Zoning Administrator ha /has not rendered a decision. If so, state substance
of decision:
5.
Date %� 47 S Zoning Administrator
Date of hearing: 2 z pJ7%7 Final Decision Made:
The Variance sought was denied/approve with the following conditions:
BOARD OF ZONING APPEALS
Building Permit #
Conditional Use Permit # by: J04 Cd 1147
Chair m n Date
003 --75--z
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
ClJ . �� s7 Z,u fi� � ll�.z,2Lu
� r
24g -,2 z e d l
I/we hereby depose and say that all of the above statements and the statements
contained in any exhibits transmitted are true.
1&z;z. 19 _`7 i
Applicant L%r�/
--------------- --------------------------------------------
For Office Use Onl
Zoning Administrator ha /has not rendered a decision. If so, state substance
of decision: ?} (//� % -��• .+�,.-- c �{
K ra : C • —st • "'' / Yl./�
GLrK�.� 0 1- :�5
Date 7j Zoning Administrator
Date of hearing: z—�/7%Final Decision Made:
The Variance sought was denied/approv e with the following conditions:
BOARD OF ZONING APPEALS
Building Permit fir`
Conditional Use Permit #
c
'D
by: L2t.
Chairm n Date
g ebuirk Touutg
ryartment of Flauniitg nub p.efre opment
H. RONALD BERG
PLANNING DIRECTOR P. O. BOX 601
L.9 COURT SQUARE
DONING A IN SRATOR WINCHESTER, VIRGINIA 22601
ZONING ADMINISTRATOR m._e m O r a n d u m
February.5, 1979
TO: Frederick County Board of Zoning Appeals
FROM: Dorothea L. Stefen, Zoning Administrator;_
SUBJECT: Code Rationale and Staff Recommendation for Case No. 003-79.
Case No. 003-79 Marjory S. Caspary wishes to erect a dwelling in a R-3 (Residential -
General) District. In the R-3 section of the Zoning Ordinance, dwellings must have
a minimum side yard of ten (10) feet and the total width of the two required side
yards must be twenty-five (25) feet.
Since the applicant wishes to construct a dwelling that would have a left side
yard of ten (10) feet and a right side yard of eight feet ten inches (8' 10")
which is a total of eighteen feet ten inches (18" 10"), it would be necessary for
a right side yard variance of six feet two inches (6' 2") to be obtained before
a building permit could be issued.
Staff Recommendation:
Staff recommends disapproval. There is no evidence of hardship as defined by
Section 21-158, b and c. Lots seventy (70) feet in width are buildable. The Zoning
of the Subdivision has recently been changed from A-2 to R-3 lessening the side yard
requirements by ten (10) feet and thus relieving many previous concerns and allowing
for a greater diversity of building styles.
As you have requested, I am reminding you and the applicant who receives a copy
of this memorandum that staff recommendations are only the staff's interpretation
of the Code and are in no way binding upon the Board of Zoning Appeals.
DLS:btr
CC: J. 0. Renalds, III, County Administrator
Marjory S. Caspary, applicant
Planning Commission
703/ 662-4532
063- -75-3
TO SENSENY ROAR
SUNSET DRIVE
SCALE 1"= 20'
437
*********************************** 60'3--75-y
• #4584-
GARLANDR. FRYE, SR., ET UX
TO: .. DEED
MARJORY S. CASPARY
************************************
U
THIS DEED, made and
dated
this Llf�day of
a
ep,�
1978, 46 by and between GARLAND R. FRYE, SR. and LEONA V. FRYE,
his wife, hereinafter called the Grantors, and MARJORY S.
CASPARY, femme sole, hereinafter called the Grantee.
WITNFSSETH: That in consideration of the sum of
Ten Dollars ($10.00) and other valuable considerations paid
the Grantors by the Grantee 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 and English Covenants of Title, unto the Grantee,
in fee simple, together with all rights, rights of way,
privileges and appurtenances thereto be all the
following realty:
All of that certain lot or parcel of
land, lying and being situate in Shawnee
Magisterial District, Frederick County,
Virginia, designated as Lot 84 on the plat of
Burning Knolls Subdivision, Section C, shown
on plat with the Indenture of record in the
Office of the Clerk of the Circuit Court of
Frederick County, Virginia, in Deed Book 260,
at Page 135, et seq. Said lot fronts 70 ft.
on the East side of Sunset Drive and extends
in an Easternly direction with a uniform width
for a distance of 210 ft. and having a width
in the rear of 70 ft.; and being the same
property conveyed to the Grantors herein by
Harry William Butler, Jr., et al, by deed
dated the 28th day of November, 1967, recorded
in the Office of the Clerk of the Circuit
Court of Frederick County, Virginia, in Deed
Book 337, at Page 433.
It is'distinctly understood that this conveyance
is made to the said Marjory S. Caspary as her sole and
separate estate, free from the debts and controls or marital
rights, including curtesy, of any present husband or any
future husband that she may have; she may encumber said
property or convey the same, by her sole act, without the
union of any said husband in any deed that she may make with
GLASS reference thereto, and she shall in all respects hold or
THROC MORTON dispose of said property just as though she were a femme
ATTOAw.T. AT LAM
o1 .CVT...wT .T-([T
stool sole.
MEW
GLA53
11
THROCKMORTOM
ATToeHnf AT LAW
111 WVTN KENT 6711/[T
22.01
This conveyance Cis made +�8
subject to all legally
9 y
enforceable restrictive covenants and easements of record
affecting the aforesaid realty.
WITNESS the following signatures and seals:
ARLAND R. (SEAL)
RYE .,
�1�.�✓/! L'� _(SEAL)
LEONA V. FRYE
STATE OF VIRGINIA
OF , To -wit:
a Notary
Public in and for the State and
aforesaid, do
hereby certify that GARLAND R. FRYE, SR. and LEONA V. FRYE,
his wife, whose names are signed to the foregoing Deed,
bearing date the day of 1978, have
personally appeared before me and acknowledged the same.
Given under my hand this _,-Q day of
1978. Z_ze�
My commission expires
TARY PUBLIC
This instrument writing was produce., to me on the
a day of %--a
and with certificate of acknowladgmeat thereto anas:al i,s
admitted to record. Tas unposed of 3.3c. J3.o4.1 of
$ r�1 and 53-54 have been paid, if a .se s_:,
(,(�l Cler1
`a
;C10 3_:7 c_.•
H. RONALD BERG
PLANNING DIRECTOR
DOROTHEA L. STEFEN
ZONING ADMINISTRATOR
�grrb'e trh Toun#u
, . artntEn# of Planning an �efx�ln�xn�en#
CERTIFIED MAIL
February 5, 1979
TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s):
P. O. Box 601
9 COURT SQUARE
WINCHESTER, VIRGINIA 22601
The application of Marjory S. Caspary, requesting a six foot two inch side
yard variance for the construction of a dwelling on the property zoned
Residential -General (R-3) and designated as Property Identification
Number 65B(A)84, in Burning knolls Subdivision Lot 84, Section C, 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, February
20, 1979, 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.
DLS/btr
CC: County Administrator
Sincerely,
COUNTY OF FREDERICK, VIRGINIA
Dorothea L. Stefen
Zoning Administrator
703JG62-4532
No. 359446
RECEIPT FOR CERTIFIED MAIL
NOINSAANCE COVERAGE NOTFOR NTERNATIONALMAIL
O
(See Reverse)
.ET
GAND N/i lns.� .� ST I�P�T
l'
POSTAGE $
y
S
CERTIFIED FEE
19
SPECIALDELIVERY
LL
G
RESTRICTED DELIVERY
O
U.
¢
V
Lu
V SHOW TO WHOM AND Q
DATE DELIVERED
ca
CC
U)
K
y SHOW TO WHOM, DATE,
tl1
.j
Z
r AND ADDRESS OF
W DELIVERY
a
O
W SHOW TO WHOM AND DATE
WITH RESTRICTED
S
O
rt DELIVERED
DELIVERY
ZI
O
cc
SHOW TO WHOM. DATE AND
ADDRESS OF DELIVERY WITH
C1
Q RESTRICTED DELIVERY
TOTAL POSTAGE AND FEES $
y
POSTMARK OR DATE
F,
A
F
W
aI
91 443
into. � ��
RECEIPT FOR CERTIFIED MAIL
NO (NSURANCE COVERAGE NOT FOR (INTERNATIONAL MAILD
(See Reverse)
SENT TO
^c2ly—
PO.SIATE ANUtiruvuc
POSTAGE $
y CERTIFIED FEE
W
w
SPECIAL DELIVERY
LL
¢
RESTRICTED DELIVERY
LL en
¢ U
V SHOW TO WHOM AND
DATE DELIVERED
y ¢
4uj
W
(A SHOW TO WHOM. DATE.
((A
N .JJ
a AND ADESS OF
W DELIVERYDR
a O
U SHOW TO WHOM AND DATE
2 DELIVERED WITH RESTRICTED
j 0
Z DELIVERY
Z
SHOW TO WHOM, DATE AND
I
H' ADDRESS OF DELIVERY WITH
U
CC RESTRICTED DELIVERY
I
TOTAL POSTAGE AND FEES
cD
$
r,
00
M
E
O
's
No. 359, 444
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED —
NOT FOR INTERNATIONAL MAIL
(See Reverse)
S IT
rD
V
w
TO
V�V✓t�
' REET AND NO.
P O., STATE A D ZIP CODE
lijinrAe.&Ier.
POSTAGE
$
y
CERTIFIED FEE
W
W
U.
SPECIAL DELIVERY
K
O
RESTRICTED DELIVERY
6
LL
W
U
U
SHOW TO WHOM AND
H
>
>
DATE DELIVERED
y
SHOW TO WHOM, DATE,
N
J
C
AND ADDRESS OF
DELIVERY
SHOW TO WHOM AND DATE
a
O
W
F"
¢
DELIVERED WITH RESTRICTED
p
Z
DELIVERY
ca
Z
51
SHOW TO WHOM, DATE AND
V
W
ADDRESS OF DELIVERY WITH
Q
pC
RESTRICTED DELIVERY
TOTAL POSTAGE AND FEES
$
POSTMARK OR DATE
a
6
Y
01
No.359447
RECEIPT FOR CERTIFIED MAIL
'10INS&IANCE COVERAGE PROVIDED —
NOT FOR INTERNATIONAL MAIL
(See Reverse)
P.O.. STATE AND L;r cwt
3 o1G
r
POSTAGC- S
CERTIFIED FEE
;L
SPECIAL DELIVERY
LL
ct
O
ILL
y
riESTRICTED DELIVERY
¢
W
U
w
V Ski(IW TO WHOM AND
w
?¢ DATE CELIVERED
N
gw
¢
y
y SHOW TO WHOM. DATE,
AOCRESS OF
y
Q
DAN!pIVERV
E
a
O
W SHOW TO WHUM AND DATE
I"'
F'
¢ DELIVERED WITH RESTRICTED
�
LLO
Z C'FLIVERY
Z
i
7 SHOW TO WHOM, DATE AND
AUORES$ OF DELIVERY WITH
U�
DELIVERY
it RESTRICTED
TOTAL POSTAGE AND FEES �$
cD
� POSTMARK OR DATE
- 71i- 7
No. 359443
RECEIPT FOR CERTIFIED MAIL
NO INSJi1ANCE COVERAGE PROV{DED-
30T FOR INTERNATIONAL MAIL
.• (See Reverse)
c—T TO
P.O.. $TAIL ANU carI v...,.. vQ• a
Pf alo o' I
' T
POSTAGE $
Q
y CERTIFIED FEE
LLSPECIAL DELIVERY
2 RESTRICTED DELIVERY Q
O
U. y W
CCU O SHOW TO WHOM AND C
DATE DELIVERED
w
� N y SHpV,T TO WHOM. DATE, �
-j ►' AND ADDRESS OF
y < W DELIVERY
a O U SHOW TO WHOM AND DATE
l'- 1= 2 DELIVERED WITH RESTRICTED �+
a DELIVERY
O
Z � SHOW TO WHOM, DATE AND
ADDRESS OF DELIVERY WITH 2 RESTRICTEp DELIVERY
TOTAL POSTAGE AND FEES $
y
rn POSTMARK OR DATE
4
a
d
8
0
w
:=�4�
No.5
RECEIPT FOR CERTIFIED MAIL
NO ICPROVIDED—
NOT FOR INTERNATIONAL MAIL
(See Reverse)
rf N ft
STATE AN ZIP CODE
POSTAGE $
y CERTIFIED FEE
W
W SPECIAL DELIVERY
U.
Q RESTRICTED DELIVERY
O Lo
LL
¢ cWj U SHOW TO WHOM AND
> DATE DELIVERED
y ¢
W
� twd y SHOW TO WHOM, pATE.
J h" AND ADDRESS OF
y Z W DELIVERY
d O U SHOW t0 WHOM ANp DATE
DEUVFREO WITH RESTRICTED
6' DELIVERY
O
Z � SHOW TO WHOM, DATE AND
O 11' ADL`RESS OF DELIVERY WITH
U � P,F STRICTFD DELIVERY
TOTAL POSTAGE AND FEES $
D
a POSTMARK OR DATE
c.
4
0
z
-i
C
a
C
'r
03
_N3
v
o a p y n j
c
3orn�M.CX
m � a
Z c� C;
e 4 �a O
r• ni w
0 w �
r*i -
--,RZ
CrtM
- ? rt r
I"
r- N ft
ON
�M
i o M
= o n
N
m O
z
< 0
0 Z
Z C
a M -C
N
N O
01
o a ;U
;a G)
m _
Z
D
t Tuun#v
ing anb Dc6elopment
MAIL
1979
OWNER (s):
P. O. Box 601
9 COURT SQUARE
WMCMESTER. VIRGINi^ 22601
p
jdequesting a six foot two inch side
welling on the property zoned
A �4�
° as Property Identification
0
ision Lot 84, Section C, Shawnee
will be heard by the Board of
k, Virginia at 3:30 PM, February
.00m, 9 Court Square, Winchester,
or wishing to be heard may attend
erely,
m
or YRMER IC%, VIP I'I L%
O i t*ea L. •Ztefen
'n ;.d�ini�tra�or
m
N
W `
i
i
703iG62-453'?