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HomeMy WebLinkAbout14-80 John G Benner - Stonewall District - BackfilePquartmrn# of lHauning nub p.efx.e.Copment JOHN RILEY PLANNING DIRECTOR JOHN T. P. HORNE DEPUTY DIRECTOR February 17, 1981 Mr. John G. Benner Route 2, Box 137 Stephenson, Virginia 22656 Dear Mr. Benner: P. O. Box 601 9 COURT SQUARE WINCHESTER, VIRGINIA 22601 This letter is to confirm the Board of Zoning Appeals action taken on February 17, 1981. The Board unanimously approved your request for a twenty-three foot rear yard setback variance on your property on Rt. 761 in the Stonewall District. If we can be of any further assistance to you, please do not hesitate to contact our office. JRR:dll c rely, John R. Riley, Di&tor i 703/ 662-4532 RESOLUTION TO LIMIT DEBATE TIME BE IT RESOLVED, By the Board of Zoning Appeals of the County of Frederick, Virginia, that the following policy be hereby established for public hearings: Representatives of both sides of an issue considered at public hearing.will be allowed a maximum of twenty (20) minutes each for their presentations and each side will be allowed a maximum time of ten (10) minutes each for rebutting the opposing side. Discussion in excess of this time will be allowed only upon,a motion duly made and passed by the Board of Zoning Appeals. The Board will receive evidence, exhibits, etc., in advance of the public hearing should in- dividuals desire to present same'in order to expedite the public. hearing. VARIANCE APPLICATION POLICY BE IT RESOLVED, That the Board of Zoning Appeals of Frederick County does hereby adopt the following policy on Variance Applications: Each and every application is to be reviewed by the Board on its own merits individually. TIME LIMIT ON DISCUSSIONS The Members decided that the time limit on Work Session discussions would be limited to one (1) hour. It was further decided that the items for discussion would be scheduled by the Zoning Administrator. 50M POST CARDS BE IT RESOLVED, That the Board of Zoning Appeals of Frederick County does hereby move to send post cards to all adjacent property owners. ERASURE OF TAPES The Members decided that the tapes used to record the meetings would be stored for future reference if needed. REGULAR MEETINGS BE IT RESOLVED, That the Board of Zoning Appeals of the County of Frederick, Virginia, does hereby move to start their Regular Meetings at 3:25 p.m. the third Tuesday of every even month. APPLICATION FOR VARIANCE Fee paid 1�- `I/8�� FREDERICK COUNTY, VIRGINIA Application No. ©1'�- O� Date of Application Applicant owner LOOOO" other (please check one) Name: Z-° 1� 11 G _'�R z-'� 103 1X, Address: Occupant (If other than applicant:) Name: Address: Telephone Telephone Location of property 0 P 7-6 Magisterial District 5roAle- lAeL- Existing Zoning Property Identification Number Existing Use /D, F�f}C Adjoining properties zoning � �. Adjoining properties land use /v15/Z4ykJ /A'L ..Variance -Sought (describe briefly relief sought) JC C /9��t' c+� Z6ri••�W - �r I�Jy� jViiT 10 so T iGah t �'t a1f� ►rig yi J ��j �'9 -�"-� S U r� ti-. �`• 3- " $ +L, y _ , T}•- ' .i /9 1 , V• •, J Reason for Seeking Variance: G . (', wt )I- h, L4- (el- tix v c7 7'T" e The person and (his)(her)(their) address -owning andtor _occupying adjacent property to the property sought to be affec-ted (are-) '(cis) : (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). Nama Lot or tract Mailing n-g address o Flip 00-aw LoieD F I/,we hereby depose and .s.ay --that all o-f -the aboue _staotem nt°s d xthe s � ssznnt.i s, con. -ained in...any exhibits transmitted :are tr.ue._ _ �. 9. APplicant..; �, For O'ffic'e Us. c Zoning Administrator has/has not rendered a deczsaon If so„ sta a sg�sstazice of ;:decision W. t P 'cs;s 4A {+^TA LYili Y `y yt Dxte Zoning "Admduzs:t.rator Date of hearing: - Final .Decision Made.--.. The Variance .sought was denied approved with. the following condzti.ons.,r P Building Permit CondLtional .JIse Permit # by_ BOARD OF ZOUTN"G otai C n OSt�C, APPEALS 014- it - 3 The person and (his)(her)(their) address -owning andtor ,occupying adjacent property to the property sought to be affec-ted (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 mare roads -or highways- at or within one hundred feet of the intersection of the rights-of-way--rof any two railroads, give names of property owners at all corners of any -such intersection). Nam Lot or tract Mailing address l a2to,3 I/,we hereby depose and ,s-ay _that all of the "above:_stat:em3_-TrL-s -zan ::the co-n.tained in.. -any exhibits transmitted are-ntr.ue-. rZA A -:i carat. For Office tfse" Oaly Zoning Administrator- has/.has not rendered a decision ff sa, stake: substaaeE o f .decision ' _ �r -. o-�`. ' iMa�. '�-t fir 4;,r r •Es&+ry rs Date Zoning Admri.nzs.t.rator Date of hearing: Final ,Decision Made . y 1 f, ` The Variance sought was denied approved with the following conditions.= BOARD L_ ZO;;ING APPEALS Building Permit Conditional Use Permit =W�` p'tk- YQ �Y I RT 76 / I__ "'.4 ; 1-)ROPoS,ED 90,56 I j_ /y0B/C� �bME i 2.7 d(y-go -t +w.r+xx++x+ww+xxx+w++x+w #64 5 CLARENCE E. ' HARP+IAN + TO: DEED JOHN G. DENNER --� 363 77 t JThis D E E D made and dated this day of December, 1963, by and between Clarence E. Harman, an unmarried man, Grantor, party of the first part, and John G. Benner, Grantee, party of the second part, ..... {J I T N E S S E T H:- That the said party of the first part for and in consideration of the cash sum of Ten Dollars, and other adequate considerations deemed valuable in law, the receipt of all of which is hereby acknowledged, does hereby grant, sell and convey, with general warranty of title, unto the said John G. Benner, his heirs and assigns f^rever, that ,i certain tract of land, located about 5� miles Northeast of Winchester, on the South sire of Road No. 761 (Charles Town J Road) and situate in Stonewall Magisterial District, Frederick it County, Virginia, is bounded as follows: Beginning at (1) a post in a fence corner on the South side of Road No. 761, and corner to the land of Beck; thence with the Sputh side of Road No. 761 S 84 dog. 52 min. E 170.0 feet to (2) an iron peg; thence with 2 new division lines through the land of C. E. Harman S 15 deg. 30 min. W 167.4 feet to (3) an iron peg; thence N 79 dog. 00 min. W 170.0 feet to (4) an iron peg in Beck's line; thence with Beck N 16 deg. 22 min. E 150.1 feet to the point of beginning, containing 0.61 Acre more or less; according to a plat and survey made by Richard U. Goode, Certified Surveyor, dated November 27, 1963. Snid 13 plat and survey being attached hereto and considered a part of this instrument. This being a portion of the real estate conveyed to the Grantor, by deed bearing data the 18th day of February, 1950, 'I %., from Herman J. Dyke , of ux, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in JOSE►H B. MEWUh Dood Book No. 213 at page 416. Reference may be made to said •TTO. M{YAT{.p I 10 014-ti o - 353:,1rF 73 deed and the references therein for a further and more Particular description. The said party of the first part covenants that he has a good right to convey said real estate to the Grantee; that the same is free from all liens and encumbrances; and that he will grant such further assurances of title as may be requisite. Witness the following signature and seal: D c7 f (SEAL) Clarence E. Harman State of Virginia, r County of Frederick, To -Wit: I, Nancy W. Newlin, commissioned as Nancy W. Glover, a Notary Public in and for the County of Frederick, in the State of Virginia, do hereby certify that Clarence E. Harman, whose name is signed to the foregoing and annexed writing, bearing date the .h-(� day of December, 1963, has personally - appeared before me in my County aforesaid and acknowledged the same. My commission expires March 30, 1965. Given under my hand this 9 td—day of Docember, 1963, Notdry Pub is 105E►N 0. NEWLIN .TTO-MAT-LAW .................. .INCNl�Tl.. Vl.f.I MIA 0 1 Aj_&d. 7 0 r /00 r nnrr 363 79 F0110 7f. NO 58 HARV.AN to 0.61 Acres Q 3 0 4 tj C. F. 11 The above tract of land, located about, 51 miles Northeast, of Winchester, on the South sidta of Road No. 761, (Charles Town Road) and situate in Stonewall Ma . gisterial District, Frederick County, Virginia, is bounded as follows: Beginning at (1) a post in a fence cornet on the -!a%;rh side of Road No. 761, and corner to the land of Bece; thence the "'01"th side of Road No. 761 S 84 deg. 52 min. F 170.0 feet to an iron pep; thence with 2 now division lines through the land of C.S. liarman S 15 deg. 30 min. W 167.4 feet to (3) an iron peg; thence N 79 deg. OU min. W 170-0 feet to (4) an iron peg in Beck's thence with Beck rj 16 deg. 22 min. F 15C.1 feet to the poik;t of beginning, containing 0.61 Acre more or less. L i.cJi Hichard "rI.ifi,--d Surv-vor, ';ovu mber 7, VIRGINIA FnED This i-nstruMEMCK coU�,�, SC.. 0 t Of Writing t, n here ack I'. ... �' 77!Z teas Produced t me on the.! ? no at— 0 tax paid. 0 tt t annex­C.' vlas adnl'it'te'd and With CertijiCjte Of to recOrd. And additiona. Oerk To'.. Gauutg Pepari -ent of jjlnuniug nub p.ef d'ayment JOHN RILEY PLANNING DIRECTOR P. O. BOX 601 9 COURT. SQUARE DEPUTY DIREECTORCTOR JO T. P. WINCHESTER, VIRGINIA 22601 February 2, 1981 TO THE APPLICANT (s) and/or ADJOINING PROPERTY OWNER (s) The application of: John G. Benner For: A 23 ft. rear yard setback variance. This variance will be considered 'during the Frederick County Board of Zoning Appeals Meeting on February.17, 1981, at 3:30 p.m., in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. Any interested parties having questions or wishing to speak, may attend this meeting. Sincerely, Vohn R. Ril y, D rector JRR:dll 703/662-4532 This is to certify that the attached correspondence was mailed to the following on Fpb_ 2, 19 R1 from the Office of Planning and Development, Frederick County, Virginia: Charles Patton Route 2, Box 135 Stephenson,. Virginia 22656 Warren P. Brubaker Route 2, Box 138 Stephenson, Virginia 22656 Edward L . Lord Route 2, Box 140 Stephenson, Virginia 22656 James Lee Milburn Route 2, Box 136 Stephenson, Virginia 22656 Jo R. Riley, Director STATE OF VIRGINIA, I OF /3Qh,(,�C, , TO -WIT i a Notary Public in and for the State and aforesaid, do hereby certify that JOHN R. RILEY, DIRECTOR, PT NING AND DEVELOPMENT DEPARTMENT, whoose name is signed to the foregoing, dated , 1981, has personally appeared before me and acknowledged the same in my State and aforesaid. Given under my hand this gz y day of{� J , 1981. My Commission expires o %Z 8 iAnew NOTA Y PUBLIC