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Home My WebLink About09-96 Eddie R Roberts Sr - Stonewall - BackfileP4 6-o�¢� l� 6-z7-96r n-i6-96 i MGM d Received F, Address Fo cc AMT. OF ACCOUNT AMT. PAID BALANCE DUE Date CASH CHECK MONEY ORDER 13y—tl 19 0024961 -nonars • _ _ __• FILE COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 August 21, 1996 Mr. Eddie R. Roberts, Sr. 483 Stephenson Road Stephenson, VA 22656 RE: VARIANCE APPLICATION #009-96: EDDIE R. ROBERTS, SR. Dear Mr. Roberts: This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their meeting of August 20, 1996. The Board of Zoning Appeals approved your application for a 10' side yard setback variance for a 24' x 24' detached garage. If you have any questions regarding the approval of this application, please feel free to call this office. Sincerely, Michael T. Ruddy Planner I MTR/cg 107 North Kent Street • Winchester, Virginia 22601-5000 0 BZA REVIEW DATE: 7/16/96; 8/20/96 VARIANCE #009-96 EDDIE R. ROBERTS, SR. LOCATION: The property is located at 483 Stephenson Road in Stephenson. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 44-A-179 PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use -Residential ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Residential VARIANCE: A 10' side yard variance for 24' x 24' unattached garage REASON FOR VARIANCE: To keep garage off of septic tank and to keep in line with driveway STAFF COMMENTS: This application was tabled at the previous meeting. In review, the applicant is requesting a 10' side yard variance to place an accessory structure 5' from the property line. Within the RA (Rural Areas) zoning district, the setback requirement for an accessory structure is 15'. The placement of the proposed garage is not limited to the location identified by the applicant. There is sufficient space on the property to locate the garage elsewhere, and to construct it in accordance with the 15' setback requirement. The Code of Virginia, Section 15.1-495(2)(a) states that no variance shall be authorized by the board unless it finds that strict application of the ordinance would produce an undue hardship approaching confiscation. Staff believes that granting this variance would be inappropriate as a demonstrable hardship approaching confiscation does not exist. STAFF RECOMMENDATION: Denial. N 4 115 96-4 ov w E 95 Nti 2 pts. S 77 °� z �rLp�� O 121A > > �ss�ss 121 6 Q 126 ,� s° 128 �0 '889 198 223-195 j 130 138 e 295-177 283-58 �� ° �° 170B 1- 530 172 J ,o 0 o Is 01 20 M �Q "' � 173 , 138B 170A "0N ,� 170 N 138A ^„ � 2 e ° 170C "'2 0 N 203 204 Location Map for PIN: 44-A-179 Variance #009-96, Eddie Roberts, Jr. I � \ 4d '� -it - 9.(e 0 page 1 of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA Varia1. nce Application Wo. Submltal Deadline ' MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner J/ other (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: CtL I E' l�. o �� r�5 . �F� NAME: ADDRESS �� e J�e�iSorl�oa� ADDRESS:_ c � A'e'150n+'f/4. TELEPHONE: 6 (� TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): f�0Lk I I NOr+k +C(r-n rIc;hi- Orl C_ (o(n`f Do �/ � I � �- C r ct s �, � ✓t Cr0 � � � � �d 5 W � n �r �- _4 k'f V' h uMs e, d 1 e-c+ l O _�:s �Zsi--e_p ke115 on _i (N(Vd 4. The property has a road frontage of C C feet and a depth of ,2 C feet and consists of - Sn ACRE acres . (please be exact) 5. The property is owned by &dd;e 4 (,�i�1s-1, ne- _,�6bevTS, Sr, as evidenced by deed from &4k — g ,rr.recorded (previous owner in deed book no.�� on page 0 of the deed books of the Clerk of the Court for Frederick County. Attach a copy of the deed. page 2 of 5 6. Magisterial District: Tone_ tOo- // 7. 14-Digit Property Identification No.: 8. The existing zoning of the property is: X} A 9. The existing use of the property is: 151,1101E 10. Adjoining Property: USE ZONING North T714Civl USL-� F�- ld East AIIIV �w� A South y w0 /, - "#- West � �-1 w/(,tha 11. Describe the variance sought in terms of distance and type. (For example: "A 3.5' rear yard variance for an attached two car garage.") (u' St 7-'iS va,.r. ✓f`�IA-.c. /�� ►�ttac.hc d —L_- - ide', //��GcY ✓A,Q1'h'�/7 c P, tcrL o2y x� y (�Aienac P_ 12. List specific reason(s) why the variance is being sought in terms of: exceptional narrowness, shallowness, size or shape of property, or exceptional topographic conditions or other extraordinary situation or condition of property, or - the use or development of property immediately adjacent thereto /v "e Oal- 0 4e- off, a Selo- -J'C 13. Additional comments, if any • 9 Page 3 of 5 14. The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the variance is being sought, including properties at the sides, rear and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notified by mail of this application: (Please list complete 14- digit property identification number) NAME _ _ _ t Gee WA Page 4 of 5 • • 15. Provide a sketch of the property (you may use this page). Show proposed and/or existing structures on the property, including measurements to all property lines and to the nearest structure(s) on adjoining properties. Please include any other exhibits, drawings or photographs with this application. Adjoining Property YOUR PROPERTY Adjoining Prooert v t d o tton ---- 4 Pro err Line - ------------- --- - - ---- Center of Rood RoadSHOW THESE MEASUREMENTS .3Z/ n Aeuie- 6Ey .o �0I W ` l94 r�r4yC K j y„ s J`b'� dyX�y f/s�dSc r Page 5 of 5 AGREEMENT VARIANCE # 00 / r96 I (we), the undersigned, do hereby respectfully make application, and petition the Frederick County Board of Zoning Appeals (BZA) to grant a variance to the terms of the Frederick County Zoning Ordinance as described herein. I agree to comply with any conditions for the variance required by the BZA. I authorize the members of the BZA and Frederick County officials to go upon the property for site inspection purposes. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the BZA public hearing and maintained so as to be visible from the road or right-of-way until the hearing. I hereby certify that all of the statements and information contained herein are, to the best of my knowledge, true. SIGNATURE OF APPLICANT TE-- Z� SIGNATURE OF OWNER —- (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF ACTION: - DATE - APPROVAL DENIAL SIGNED: / BZA CHAIRMAN DATE: COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 T ►;, Finance Department FROM: Karen A. Clark, Receptionist/Clerk Typist II SUBJECT: Return Of Sign Deposit DATE: August 22, 1996 The amount of $25.00 was deposited in line item #10-911-08 for the person named below as a deposit for a sign for Variance Application #012-96. He has now returned the sign and is therefore entitled to the return of his deposit. Please send a check in the amount of $25.00 to; Mr. Eddie R. Roberts, Sr. 483 Stephenson Road Stephenson VA 22656 Please contact me if you have any questions. RSA/kac M 107 North Kent Street - Winchester, Virginia 22601-5000 NO. 665 0 0 WE86ER TO FRIES C%j 19)9 DO SQ. FT. All P MAGNETI CS 1956 SCALE: 40( S SN4PP JOHN ALLEN HOUSE CERTIFIED CORRECT RICHARD U. GOODE RICHARD U. GOODE CERTIFIED SURVEYOR JULY 30, 1957 Ad 0 %n of 0 3961 TO ROAD NO: 666 Nf 38 40_�w 100.01 4 R0D NO. 64. 1 Theabdvellotlocated on the. Northeast side of Road No. 664 (Jordan Springs Road) about 4 miles North of Winchester, and situate in Stonewall Magisterial District,,,Frederick County, Virginia, is bounded as follows: Be ginning at, (1).an' iron ,peg .on the Northeast side of Road No. 664,,.id -S e s of outh'a't., e point of intersection of the North - A,. sa.point being 396-feet, th6ast side of Road No of No 664`wit east sidia 4 11th" 666, and -corner to the land of Snapp; thence',with Snia"p'p..N14'9'deg. 30min. E 200.0 feet to (2) an iron peg a.corner to Snapp in-Dyke's line; thence -with Dyke S 38 deg, 40 min. E 100.0 feet to(3)...an'iron peg corner -to•'John Allen in Dyke's line; thence with John 'Allen S49. dei�30n -200',O_P&et.to.(4) an iron peg on the 'Northeast side of �. - , 'mi 4: i -c the p( d'N 38 deg. 40 min. W 100.0 feet t -Road No. 664; i��e'nce with said roa' point ofi beginning, containing 19,990 square feet -more or less. tit RICHARD U. GOODE Uertif J.ed Surveyor, 4, Jul 30, 1957. 308 2 'ter,".:. - .. (I V`IRdINIA FREDERICX COUNTY, (SCT. produced to me or. -.17te 28th da- This instrument of writing war; Taz o ,August 1957at 10 50 A.M..and with''certificat:6 of acknowledgment thereto annex ";admitted to record. • CLERK ON 203 __._....._..*x****�►**�***** o-� 02195 FRANK L. BRAGG, JR., ET UX * a , TO: :: :: DEED EDDIE R. ROBERTS, ET UX • ! I e �< 447 ir.. 203 , THIS DEED, made and dated this q — day of July, j 1975, by and between FRANK L. BRAGG, JR. and BETTY H. BRAGG, j I his wife, hereinafter called the Grantors, and EDDIE R. ROBERTS i and CHRISTINE K. ROBERTS, his wife, hereinafter called the Grantees. WITNESSETH: That in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations paid the Grantors by the Grantees on or before the delivery of this deed, the receipt of all of which is hereby acknowledged, the Grantors hereby grant, Hell, and convey, with general warranty, unto the Grantees, in'fee simple, jointly, as tenants by the entirety, with common law right of survivorship, the following real estate together with all improvements and appurtenances thereto belonging and subject to all easements and legally enforceable restrictions of record affecting such realty: All of that certain lot or parcel of land lying and being situate on the northeast side of Route 0644, about four miles North of Winchester, in Stonewall Magisterial District, Frederick County, Virginia, and being more particularly described by plat and survey of Richard U. Goode, C.L.S., dated July 30, 1957, and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Dead Book 248, at Page 374; and being the same realty which was conveyed to Frank Lee Bragg, Jr., et ux, by deed of John Sharon, et ux, dated May 6, 1974, and of record in the aforesaid Clerk's Office in Deed Book 427, at Page 886. The Grantors covenant that they have the right to nau ro..MM r..0 I MAMu • UMMcu convey the within described property; that the same is free .I. NYM. YM.FVt j' """`•"" •" I from all liens and encumbrances except as may be hereinabove 4 f i I 1 f; �i �d i{ M.u. Men&"& CHOU Muu MMMCLL us.Mur, v.MMr� �M..wa..aa w.ru BOOK 447 11,! ?,�t•4 i set forth, and that they will forevet warrant and defend the title thereto. i WITNESS the following eignatu/reeD and seals: • n-.:�.ir✓ r',r✓. � f. (SEAL) t Frank L. Bragg,`r. I rT„ 1 'Lan _(SEAL) Betty H. Bragg STATE OF VIRGINIA :OUNTY OF FREDERICK, to -Wit: I i I'F�V. -.,._ a Notary Public in f !nd for the Count and State aforesaid, do certify that Frank L. - 3ragg, Jr. and Betty H. Bragg, his wife, whose names are signed Co the foregoing instrument. bearing date on the ,� day of I July, 1975, have acknowledged the same before me in my County and State aforesaid. Given under my hand this day of July, 1975. My commission expires yQ1r,rr , Cary Public Z .:S !t l..L.0 :+i 41 NtatCq WaS Produced to ma on the at jZK5 01 `'1v�+vt: galolt thareto annacad was r_c�rJ. / n»s_d oy SC. JJvi.1 of and 5:-b4 Lava been paid, if a;se:s.lblo. r -2- I COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/678-0682 14WIFIC.40VICAN OF PUBLIC. HEARING l August 6, 1996 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: THE APPLICATION OF EDDIE R. ROBERTS, SR., VARIANCE #009-96 (Tabled from the July 16, 1996 meeting) 11 On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing to be held on August 20, 1996, at 3:25 p.m., in the board room of the Old Frederick County Courthouse in Winchester, Virginia. This hearing is to consider a request by Eddie R. Roberts, Sr. for a 10' side yard setback variance for a 24' x 24' unattached garage. The property is located in an ` RA (Rural Areas) Zoning District at 483 Stephenson Road and is identified with Property Identification Number 44-A-179 in the Stonewall Magisterial District. Any interested party may attend this meeting to speak for, or in opposition to, the request. You may contact this office to have questions addressed. Sincerely, Michael T. Ruddy Planner I MTR/cg 107 North Kent Street. 9 Winchester, Virginia 22601-50.00 • This is to certify that attached correspondence was m ed to the following on Q tt, 6, 19 9 6 from th eepartment of Planning and Deve�ment, Frederick County, Virginia: Eddie R. & Christine K. Roberts Tine M. Heishman Taylor 483 Stephenson Road 493 Stephenson Road Stephenson, VA 22656 Stephenson, VA 22656 Mae M. Fletcher Winchester Gun Club, Inc. 482 Stephenson Road P.O. Box 2012 Stephenson, VA 22656 Winchester, VA 22604 Louis H. & Charlotte Snap 473 Stephenson Road Stephenson, VA 22656 Michael T. Ruddy, Planner Frederick County dept. of Planning STATE OF VIRGINIA COUNTY OF FREDEERRICK I , f 1 n� �� I I a Notary Public in and for the state and county aforesaid, do hereby certify that Michael T. Ruddy, Planner Ifor the Department of Planning and Development, whose name is signed to the foregoing, dated Q l 0 G has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this 1 day of t My commission expires on I . Y PUBLIC e�*C • • COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/678-0682 IC' MC.AVIOI I Or PUBLIC HEANRIl Ir July 2, 1996 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: THE APPLICATION OF EDDIE R. ROBERTS, SR., VARIANCE #009-96 On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing to be held on July 16, 1996, at 3:25 p.m., in the board room of the Old Frederick County Courthouse in Winchester, Virginia. This hearing is to consider a request by Eddie R. Roberts, Sr. for a 10' side yard setback variance for a 24' x 24' unattached garage. The property is located in an RA (Rural Areas) Zoning District at 483 Stephenson Road and is identified with Property Identification Number 44-A-170 in the Stonewall Magisterial District. Any interested party may attend this meeting to speak for, or in opposition to, the request. You may contact this office to have questions addressed. Sincerely, Michael T. Ruddy Planner I MTR/cg 107 North Kent Street • Winchester, Virginia 22601-5000 • 0 This is to certify that the attached correspondence was mailed to the following on Su Lu 2, 19 9 C from the Department of Planning and Development, Frederick County, Virginia: Eddie R. & Christine K. Roberts 483 Stephenson Road Stephenson, VA 22656 ✓ Louis H. & Charlotte Snap 473 Stephenson Road Stephenson, VA 22656..- Tine M. Heishman Taylor 493 Stephenson Road Stephenson, VA 22656,/- Mae M. Fletcher 482 Stephenson Road Stephenson, VA 22656✓ Winchester Gun Club, Inc. P.O. Box 2012 Winchester, VA 22604 ✓ Michael T. Ruddy, Pla er I Frederick Co. Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I, ?f?A1 1 M �A-Al I , a Notary Public in and for the State and County aforesaid, do hereby certify that Michael T. Ruddy, Planner I, for the Department of Planning and Development, whose name is signed to the foregoing, dated `] • a.q LD , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of V I`1 `I My commission expires on 0q TI . L+-k--.) OTARY PUBLIC