HomeMy WebLinkAbout04-79 Joseph R Fisher Rear Yard - Opequon District - Backfile'.No. 359440
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-w.N4.3 9441
RECEIPT FAR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED —
NOT FOR INTERNATIONAL MAIL
(See Reverse)
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POSTMARK OR DATE
STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE,
CERTIRED 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. off 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
ii, receipt card. Form 3811, and attach it to the front of the article by means of the gummed ends it 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 it you make inquiry.
,No. 3594.42
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED —
NOT FOR INTERNATIONAL MAIL
(See Reverse)
SENT TO
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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)
*i . 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. It 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 it 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. It 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.
RECEIP
Date
19 No. 5if46
Received From
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ORDER
APPLICATION FOR VARIANCE
.Fee paid O?.O,60 FREDERICK COUNTY, VIRGINIA
Application No. Date of Application 77
Applicant owner c other (please check one)
Name: R Occupant (If other than applicant)::'
Address:_Ofl %-'s Name:
Q.� l/ c x— Address:
/ d
Telephone 13 �3 -, �!' 8'
Telephone
Location of property ! Q. C J
A A a&e.
Lv\vA_ Magisterial District_
Existing Zoning /� , Property Identification Number 0
Existing Use0 ta; UI c; QA, --
Adjoining properties zoning {� 1
Adjoining properties land use:
Variance Sought (describe briefly relief sought)
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 n+ Lot or tract Mailing address
kit ICUA,
I/we hereby depose and say that all of the above statements and the statements
contained in any exhibits transmitted are true.
a,
19__
Applicant
For Office Use Onl
Zoning Administrator has/has not rendered a decision. If so, state substa,�ce
of decision: :1 It, o e1A� A ; ., ^,A 1 A "', �1 Q. A �4 a ) II .,fin C.ea-i.�1_, _(�_�-7� ,-
� r1�-t �a%v�3- •• :�.. �// ���/ ...e_ , ct.1. l�c.x...�_,-l'.�- .,,�<. C.. .SG J 1,
Date q j �>79 J Zoning Administrator
Date of hearing: q?12017`9 Final Decision Made -'
The Variance sought was deniedLapproved with the following conditions:
BOARD OF ZONING APPEALS
Building Permit #
Conditional Use Permit #
by: J�??al
Chair qan V Date
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 or 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
( � o a 4 V.'LIkIL
i 1 1 � /,
a c C l
I/we hereby depose and say that all of the above statements and the statements
contained in any exhibits transmitted are true.
19 72
Applicant //p
For Office Use Onl
Zoning Administrator has has not rendered a decision. If so, state substa ce
of decision: 'f L _ n. �, v : _ �- , L _ -i-. n ,. _ _ I _ . 1; ,. $- _ J
� � cz.
Date
/ 71/2� Zoning Administrator
Date of hearing: q� ?0 71 Final Decision Made:
The Variance sought was denied approved with the following conditions:
BOARD OF ZONING APPEALS
Building Permit #
t
�f
Conditional Use Permit by.166 j C`c��� �/� 7.
-
Chair an Date"
�frebtrir t Tountu
Bryaxtxit.ent of 1,11anuing ttnbt P-6- fop ent
H. RONALD BERG
PLANNING DIRECTOR P. O. BOX 601
DOROTHEA L. STEFEN 9 COURT SQUARE
ZONING ADMINISTRATOR
WINCHESTER, VIRGINIA .22601
m e m o r a n d u m
February 6, 1979
TO: Frederick County Board of Zoning Appeals.
FROM: Dorothea L. Stefen, Zoning Administrator.
SUBJECT: Code Rationale and Staff Recommendation for Case No. 004-79.
Case No. 004-79 Joseph R. Fisher wishes to remove a run-down structure from a
stone house and erect a larger addition in an A-2 (Agricultural -General)
District. In the A-2 section of the Zoning Ordinance, rear yards must be
of at least fifty (50) feet.
Since the applicant wishes to construct an addition that would be within
seventeen (17) feet of the rear property line, it would be necessary for a rear
yard variance of thirty-three (33) feet be obtained before a building permit
could be issued.
Staff Recommendation:
Staff recommends approval. The applicants rear yard would be considered
a side yard and would be within the limits of the Ordinance if his property were
not considered a corner lot because of the extreme arc on Route 727. The
shortest side of a corner lot is considered the front. Were Route 727 a
straight road,.the front.would be the other side and what is now considered
the rear yard would be considered the right side yard. If this were the case,
the addition would not have the proper front setback but approval could be
granted as an approval of an extension of an existing nonconforming setback.
Now that the staff has clarified the situation, it should be pointed out
that a hardship as defined by section 21--158 could be construed to exist due
to the exceptional shape and/or extraordinary situation or condition of the
property.
Also, the Board could question the decision of the Zoning Administrator
(Section 21-158,a) in regards to the determination that extreme arc constitutes
a corner lot. Generally, this determination has been to the advantage of the
applicants.
As you have requested, I am reminding you and the applicant who receives a
copy of this memorandum that staff recommendations are only the staffs
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
Joseph R. Fisher, Applicant
Planning Commission
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1* DOUGLAS C. LEGGE
CERTIFICATE NO.
1197.'
CFO LAND
NOg��'
The accompanying plat represents a survey of a portion of the land
(being all the land on the Northeast side of Va. Route 727) conveyed to
Joseph R. Fisher and Virginia Fisher Pasquet by deed dated July 6, 1974
and recorded in the Frederick County Court Clerks Office in Deed .Book 438
at Page 624.
The said portion of land fronts -:the Northeast side of Va'. Route 727
approximately 0.35 miles West of U.S. Route 11 in Opequon Magisterial
District, Frederick County, Virginia, and is bounded as follows:
Beginning at a point in the center of Va. Route 727, a comer to
the National Trust for Historical Preservation in the United States
(hereinafter referred to as NTHPUS) land; thence with the center of
Route 727 for the four following courses: with the Arc of a curve to
the right 102.30 ft. (Radius = 695.39 ft. - Chord = N 23' 53' 30" W -
102.21 ft.) to the P.T.; thence N 19° 40' 40" W - 88.53 ft. to the P.C.
of a curve to the right; thence with.the Arc of said curve 83.36'ft.
(Radius - 89.24 ft. - Chord = N 07° 05' 00" E - 80.36 ft.) to the P.T.;
thence N 33° 50' 50" E - 122.60 ft. to a point in the center of Route 727,
another corner to the NTHPUS land; thence with the said NTHPUS land ( Belle
Crove) for the three following courses: S,17° 01' 30" E - 314.41 ft:_
(passing through a post at a fence corner at 19.29 ft.) to a post at a
fence corner; thence S 13' 31' 15" W - 10.29 ft. to a post at a fence
corner; thence S 63' 42' 35" W - 107.79 ft. (passing through a post at
a fence corner at 90.70 ft.) to the beginning.
Containing --------------------- 34,547 Square Feet or 0.793 Acres
Surveyed -------------------
Legend:
P.C. = Point of Curvature
P.T. = Point of Tangency
,E,AL`H os,
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DO'UGLAS C. LEGGE.•
G CERTIFICATE NO.
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"In the Beautiful Shenandoah Valley"
THE OLD MILL, BUILT OF NATIVE LIMESTONE AND USING WATER POWER TO DRIVE ITS
OVERSHOT WHEEL, WAS USED TO GRIND MEAL AND FLOUR FOR THE LOCALITY SINCE THE
1700'S (THE EXACT DATE OF ITS CONSTRUCTION IS UNKNOWN). PROVISIONS WERE MADE TO
PROTECT THE STRUCTURE FROM INDIAN ATTACKS, BUT NO ALLOWANCE WAS MADE FOR THE
A UNION ARMIES. GEN. SHERIDAN'S DETERMINATION TO ELIMINATE THE MILL AS A CONTRIBUTING
4 ELEMENT TO THE "GRANARY OF THE CONFEDERACY" RESULTED IN ITS BEING SET AFIRE
DURING HIS MARCH THROUGH THE SHENANDOAH VALLEY. THE FIRES WERE EXTINGUISHED
UPON THE APPEAL THAT THE PEOPLE OF THE AREA WOULD STARVE WITHOUT THE FOOD
wo PRODUCED HERE.
THE CONVERSION OF THE MILL INTO A RESTAURANT WAS MADE IN 1938 AND "THE WHEEL
ROOM," A PRIVATE DINING FACILITY, WAS OPENED IN 1963.
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20,053
7/5/74
" 478 -- TO: .. DEED
JOSEPH R. FISHER, ET AL
PCOK 4 vJ' r"A6: 6- 4
THIS DEED made and -dated this 6th day of July, 1974,
by and between ELIZABETH E. FISHER, Widow, Individually and
as Trustee under the will of Roland B. Fisher, Deceased, party
of the first part, and JOSEPH R. FISHER and VIRGINIA FISHER
PASQUET, parties of the second part.
WITNESSETH: That for and in consideration of the sum
of Ten Dollars ($10.00) and other good and valuable consideration,)
Ih
the receipt of all of which is hereby acknowledged, the party
of the first part does hereby grant, bargain, sell and convey i
with general warranty of title, unto the parties of the second
part, as tenants in common, the following described property
and appurtenances thereunto belonging:
That certain tract or parcel of land
together with all improvements thereon and
all appurtenances thereunto belonging, in
Opequon Magisterial District, Frederick County,
Virginia, lying and being situate about one
(1) mile South of Middletown, Virginia, on
the West side of U. S. Route 11, adjoining the
lands of Stickley and others, containing 189
acres, more or less, and being the same land
conveyed to fit. B. Fisher and Elizabeth E.
Fisher by deed dated March, 1944, and of re-
cord in the Clerk's Office in the Circuit
Court of Frederick County, Virginia, in Deed
Book 190, at page 420 and to Elizabeth E.
Fisher by the Will of Roland B. Fisher, who
died December 2, 1970 and whose Will is duly
probated in the Clerk's Office in the Circuit
Court of Frederick County, Virginia, recorded
in Will Book 71, at page 448.
Reference is here made to the aforesaid instruments
and the attachments and the references therein contained for a
further and more particular description of the property hereby
conveyed.
This conveyance is made subject to all duly recorded
and enforceable restrictions, easements, and rights of way.
Except as noted above, the Grantor covenants that she
has a right to convey said property to the.said Grantee; that 1
she has done no act. 'tencumber said property; that she will I
I j
625
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SOCK 4:!08 ou 623
execute such further assurances of title to said property as may
be requisite; that she is seized in fee simple of a five -eighth's
I
(5/8's) undivided interest in the property; that she has a i
right as Trustee to convey the remaining undivided three -eighth's
(3/8's) interest in the property; and that the Grantee shall
have quiet possession of said property free from all encumbrances.
WITNESS the following signatures and seals: `
(SEAL)
Eli bet h E. Fisher
Individually
114 7` (SEAL)
E iz_ et ;is
E. er
Trustee under the Will of
Roland B. Fisher
STATE OF VIRGINIA
1 a OF ��i.c ,e �.,, To -wit:
I -rn04 , a Notary Public in and
for the State and af,4 aforesaid, hereby certify that
Elizabeth E. Fisher, Individually, whose name is signed to the
foregoing deed dated the 6th day of July, 1974, has this day
personally appeared before me and acknowledged the same.
Given under my hand this 6th day of July, 1974.
My Commission expires _� a S 7 it
Notary Public
STATE OF VIRGINIA
C)& , OF 5L To -wit:
a Notary Public in and
for the State and �'._LLaforesaid, hereby certify that
Elizabeth E. Fisher, Trustee Under the Will of Roland B. Fisher,
whose name is signed to the foregoing deed dated the 6th day.
of July, 1974, has this day personally appeared before me and
-2-
i
6 U `4 ---,7 r7 -13
H. RONALD BERG
PLANNING DIRECTOR
DOROTHEA L. STEFEN
ZONING ADMINISTRATOR
Repartment of 1hanntng an-r p6jel.aymnt
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 Joseph R. Fisher, requesting a thirty-three foot rear
yard variance for the construction of an addition to the existing dwelling
on the property zoned Agricultural -Limited (A-1) and designated as
property idnetification number 90(A)33 on Route 727 in Opequon 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 FR-EDERIC�K, VIRGINIA
Dorothea L. Stefen
Zoning Administrator
703/ 662-4532
O o9-79-jo
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0C)y-7,7 - 11
APPLICATION FOR
PLAN EXAMINATION AND
BUILDING PERMIT
IMPORTANT — Applicant to complete all item in sections: 1, 11, 11I, IV, and IX.
- I -AT
(LOCATION)
ZONING
��--�Q� DISTRICT
(NO.)
(STREET)
LOCATION
OF
BETWEEN
/D
BUILDING
(cRo STREET) (CROSS STREET)
SUBDIVISION
LOT'
LOT BLOCK _ SIZE
11. TYPE AND COST OF BUILDING — All applicants complete Parts A — D
A. TYPE OF IMPROVEMENT
D. PROPOSED USE - For "Wrecking" most recent use
1 New building
Residentjal Nonresidential
2 Addition (1 residential, enter number
❑ /
12 One family 18 � Amusement, recreational 1
o/ new housing units added, i/ any,
in Part D, 13)
13 ❑ Two or more family - Enter 19 ❑ Church, other religious Y
3 ❑Alteration (See 2,above)
number of units- - - - -d► 20 Industrial
40 Repair, replacement
14 ❑ Transient hotel, motel, 210 Parking garage
dormitory Enter
5 ❑ Wrecking (I/ multifamily residential,
or - number
of units - - - - - - - - -� 22 ❑ Service station, repair garage t
enter number of units in building in
Part D, 13)
15 ❑ Garage 23 ❑ Hospital, institutional
16 Carport 24 ❑ Office, bank, professional
❑
6 ❑ Moving (relocation)
f
17 Other - Specify �-�-�/ 25 ❑ Public utility
7 ❑ Foundation only
26 ❑ School, library,
other educational i
��"y 27 ❑ Stores, mercantile
B. OWNS HIP
8 Private (individual, corporation,
28 ❑ Tanks, towers
nonprofit institution, etc.)
/'
�« 29 ❑ Other - Specify -
Public (Federal, State, or
local government)
C. COST
(Omit ce s)
gonresidential - Describe in detail proposed use of buildings, e.g., food
r
�U
processing plant, machine shop, laundry building at hospital, elementary
for. n
10. Cost of improvement,,,,,,,,,,,,,
school, secondary school, college, parochial school, parking garage
department store, rental office building, office building at industrial plant. t
To be installed but not included
If use of existing building is being change enter proposed use.
in the above cost
Electrical
a. .................
I
b. Plumbing ....................
c. Heating, air conditioning.........
e-
d. Other (elevator, etc.)............
-
s
11. TOTAL COST OF IMPROVEMENT
III. SELECTED CHARACTERISTICS OF BUILDING — For new buildings and additions, complete Parts E — L; •
for wrecking, complete only Part 1, for all others skip to IV.
E. PRINCIPAL TYPE OF FRAME
G. TYPE OF SEWAGE DISPOSAL
J. DIMENSIONS
30 �Masonry (wall bearing)
[j�aod
�
40 blic or private company
48. Number of stories ..............]
'
49• Total square feet of floor area,
31 frame
Private (septic tank, etc.)
all floors, based on exterior
32 ❑ Structural steel
dimensions .....................�'jG
H. TYPE OF WATER SUPPLY
33 ❑ Reinforced concrete
�� - �
34 ,Other Specify
42 ❑ Publ;c'or private company50.
P �
Total land area, sq. �t............
K. NUMBER OF OFF-STREET
Private (well, cistern)
PARKING SPACES
51. Enclosed .......................
F. PRINCIPAL TYPE OF HEATING FUEL
I. TYPE OF MECHANICAL.
35 ❑ Gas
Will there be central air
52. Outdoors ........................
conditioning?
I
L. RESIDENTIAL BUILDINGS ONLY
37 Electrlrlty
44 Yes 45 L_ No
53. Number of bedrooms ..............
.C..
38 D Cool
39 ❑ Other - %Pecify
Will there be an elevator?
Full..........
s
i
46 !� Yes 47 ❑ No
54. Number of
bathrooms
Partial........
7-
0
Lon
m
M