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Home My WebLink About11-96 Darian H Anderson - Gainesboro - BackfileCASH Date--L- ig -0024962- RECEIPT 1 � - Received From H, I Address J, /All., A r Dollars r For L z ACCOUNT HOW PAID 4. 0% AMT. OF ACCOUNT CASH 7= AMT. PAID CHECK BALANCE MONEY By JDUE ORDER I TO. Finance Department COUNTY of FREDERICK_ Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 FROM: Karen A. Clark, Receptionist/Clerk II SUBJECT: Return Of Sign Deposit �Q Jul DATE: � y 18, 1996 The amount of $25.00 was deposited in line item #10-911-08 for the Persons named below as a deposit for a sign for Variance Application #011-96. They have now returned the sign and are therefore entitled to the return of their deposit. Please send a check in the amount of $25.00 to: Brenda Boyd & Darian Anderson 104 Cedar Grove Road Winchester VA 22603 Please contact me if you have any questions. RSA/kac i 107 North Kent Street • Winchester, Virginia 22601-5000 • July 22, 1996 Darian H. Anderson 104 Cedar Grove Road Winchester, VA 22603 • FILE COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 RE: VARIANCE APPLICATION #011-96: DARIAN H. ANDERSON Dear Mr. Anderson: This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their meeting of July 16, 1996. The Board of Zoning Appeals approved your application for a 28' side yard setback variance on each side yard for a single family residence. If you have any questions regarding the approval of this application, please feel free to call this office. Sin erely, W. Wayne filler Zoning Administrator WWM/cg Po,9 c, C— L Y-z — t9 -362- 107 North Kent Street - Winchester, Virginia 22601-5000 BZA REVIEW DATE: 7/16/96 VARIANCE #011-96 DARIAN H. ANDERSON LOCATION: The property is located at 104 Cedar Grove Road (Rt. 654), about five miles northwest of Winchester. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 42-A-302 PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Vacant ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Residential VARIANCE: A 28' side yard setback variance on each side to construct a house REASON FOR VARIANCE: Exceptional narrowness, size and shape of property STAFF COMMENTS: The applicants are requesting a 28' side yard setback variance on each side yard to construct a house. Within the RA (Rural Areas) zoning district, the side yard setback requirement for this lot is 50'. As the lot is only 70' in width, current side yard requirements make the lot unusable for residential purposes. Staff believes that the exceptional narrowness of this piece of property effectively prohibits the utilization of the property for residential purposes. The Code of Virginia, Sections 15.1-495, 2, a., b. and c. state 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, that such hardship is not shared generally by other properties in the vicinity, and that the authorization of such variance will not be of substantial detriment to adjacent property. • 0 Darian Anderson Variance #011-96 Page 2 July 3, 1996 Staff believes granting this variance would be appropriate as a demonstrable hardship approaching confiscation does exist in this case. Also, other properties in the vicinity do not share the hardship. The granting of this variance would not have a detrimental impact on adjacent properties and would not change the character of the district. STAFF RECOMMENDATION: Approval Black & White location maLlno color zoning in view N a s 336 `33 1 (0 10 W E 317 � � 4 tea. 7 0 5 � �o �'`0 3 3 5 3�8 3, �. � O 1 � � 373 73 � M�37S �A �% � 3�3e 32S S 3 0 2S 25SB ?sq 309 396-594 30S 3�,5 326 327 3 7 E 3006 30 2 See �b 307 �0 >> A 7 E '2 ,.3 3, 300 329 7s 30 330 7 76 29 299 79 7 % 28 32 29a 297 21 78 0 2� 29 5 n o 2g 234 294 292 V 2Q1 22 C\V 3 3 293 21 Ch rn Location Map for PIN: 42-A-302 Variance #01 1-96, Darian Anderson page 1 of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner ;'�, other (Check one) 2. APPLICANT: , OCCUPANT: (if different) NAME: ° n nr,�L�. A C1, cton NAME: ADDRESS ��1� C�S�� ADDRESS: yh a�3 TELEPHONE TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): 04- � Is a D � • � r 4. The ro erty has a road frontage of r7 3, feet and a depth of oN- 5 feet and consists of 0.5 acres. (please be exact) 5. The property is owned by-:�Lb r as evidenced by deed from zde (p evious owner) in deed book no. �C on page 4!0dq�the+ deeKv books of the Clerk of the Court for Frederick C nxity.JUNMMch a copy of the deed. = RECEIVED DEPT. OF PLANNING -f, AND DEVEL®PMEIK _o :7 • page 2 of 5 6. Magisterial District:Fl 7. 14-Digit Property Identification No.: 8. The existing zoning of the property is. l ,�i f2C-A I< 9. The existing use of the property is: �OLC C,N _v 10. Adjoining Property: USE ZONING North n c Q R A East (� q South o' V\ West o .('\_c R R 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.") a —�,, off, 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 13. Additional comments, if any F 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 R)O" EVIan C_z�n Address �//' IL)L[ &&1 r &bOQ_ Property ID#� @(X)- A® OWO a D30 I. \ �) �15 Address Property ID# L.l? DW _ D, inC _D `O C1n�lr�S a C UA V) e--f— Address � L{ � � w �O �-�� C�!l'_cxc' - Q ` i &J l,l lJ�� Property ID# l�Jl .A✓�� \ 7 i uJi f' 1 A d9W3 Address i.1jC '&dC,.,(- (!OrOk;LCC.� Property ID# `7---� �J.)�nC_Ll, Ncr- A 0 i hu lour v -aov e w- II Address A 13 q UAo t fOQe 12CJ Property ID# �b(J() - JA Address ) i C%'1��3� , /(IJ ) q �Oa`_K Cl-h F�c �r�c l� ��. Property ID# "YZCD3 VA (PQ3 Address ib`3 VJar��r�C�v�c�Cg Property ID# -I _ ca�o' Address Property ID# Address Property ID# Address Property ID# Address Property ID# 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 Adpining Propert v IA � u r �Addi--t $ Properly Line i ----------------------=Center of Rood RoadSHOW THESE MEASUREMENTS • rJC. L%. 34, �Ina rs 3 C� tF2bc� 7 '�' _.� ,, � YS04A Yam. S�ru[1,sLr y Nous� v l ao�r (Ole ; Y 8 &c.r cam, R s R} t�xr c3ve,�lo� � �7_ • Page 5 of 5 AGREEMENT VARIANCE # 01 11 . 9 6 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 SIGNATURE OF OWNER (if other than applicant) DATE -OFFICE USE ONLY- Q (o,- BZA PUBLIC HEARING OF 6 ACTION: -,(DATE- APPROVAL DENIAL SIGNED: BZA CHAIRMAN DATE: ...� �.. ..�. `.. ��. �`� � ♦� 6�. .. ¢y�F `� .. ... �� M,1 ,. �. �f. ,. ,.. ,� ° ,. ,_,. . ,' .��. '� ,.. 3. � 4k&�*C5.1 , , �� `a3i!?N. �W »� ,emu. ��. ..., 0 0 'ROSSER,PARTHEMOS & BRYANT, P. C. ATTORNEYS AT LAW WINCM,,,...., VIRGINIA 805703 THIS DEED OF GIFT made and dated this V� day of May, 1996, by and between BOBBY HUGH ANDERSON and CAROLYN LEE ANDERSON, his wife, parties of.the first part, hereinafter called the Grantors, and DARIAN HUGH ANDERSON, single, party of the second part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the mutual love and affection, the Grantors do hereby grant and convey, with General Warranty, unto the Grantee, in fee simple, the following described real estate, together with all rights of way, privileges 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 about five (5) miles northwest of Winchester, in Stonewall Magisterial District, Frederick County, Virginia, lying on the north side of U.S. Highway No. 522 and on the eastern side of the Mill Road, known as Virginia Secondary Route No. 654 and more particularly described as beginning at a point in the center of Road No. 654 opposite an iron peg on the East side of the road and corner to the land of Anderson; thence with Anderson S 62 deg. 03 min. E 303.0 feet to (b) a set stone by a White Oak tree a corner to Anderson in Pelter's line; thence with Pelter N 31 deg. 53 min. E 70.0 feet to (5) an iron peg a -- corner to Tract 'A' in Pelter's line; thence with tract 'A' N 61 deg. 48 min. W 324.5 feet to (6) a point in the center of Road No. 654 opposite an iron peg on the East side of the road; thence with the center of Road No. 654 S 14 deg. 41 min. W 73.2 feet to the point of beginning, containing 0.5 acre, more or less, and being more particularly described by a plat and survey of Richard U. Goode, C.S., dated August, 1956, and being that portion of the same property conveyed to Bobby Hugh Anderson, i PROSSER. PARTHEMOS & BRYANT. P. C. ATTORNEYS AT LAW wINu..,',. VIRGINIA 0 0 5 21V C, '.0 COMMONWEALTH OF VIRGINIA CITY OF WINCHESTER, TO -WIT: On this. day of May, 1996,.there appeared before me, a Notary Public in and for the State and jurisdiction aforesaid, CAROLYN LEE ANDERSON whose name and signature is on the foregoing Deed, and did acknowledge the same. .11 Given under my hand this day May, 1996. NOTARY PUBLIC My Commission expires: IL VIRCIINIA: t'.OUNTY, 3CT. Thy 0'.) t WAS ? and w, p Poxed was aJ.-n;1ZU.J io rpcwn.- T,-,)t $ ind ! avq 3 0 10 • 6 et ux, by deed of Erma M. Anderson dated August 11, 1965, descried as Parcel 2 therein and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 313, at Page 326. Reference is here made to the aforesaid deeds and plats and the references therein contained for a further and more particular description of the title hereby conveyed. WITNESS the following signatures and seals: :•:: 1, ANDERS• `L COMMONWEALTH OF VIRGINIA CITY OF WINCHESTER, TO -WIT: On this day of May, 1996, there appeared before me, I��t; _� ,/;,y.:, r,. { t� ', a Notary Public in and for the State and jurisdiction aforesaid, BOBBY HUGH ANDERSON whose name and signature is on the foregoing Deed, and did acknowledge the same. Given under my hand this '_'(r� day May, 1996. NOTARY PUBLIC tOSSER, PARTHEMOS BRYA A P.C. My Commission expires: ATTORNEYSYS AT LAW 4*;NCNu._.., VIRGINIA 2 li COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 I IFICr\iI A I OF PUBLIC HEARING July 2, 1996 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: THE APPLICATION OF DARIAN H. ANDERSON, VARIANCE #011-96 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 Darian H. Anderson for a 28' side yard setback variance on each side to build a single family residence. The propertyis located in an RA (Rural Areas) Zoning District at 104 Cedar Grove Road and is identified with Property Identification Number 42-A-302 in the Gainesboro 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 Dent Street • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on L 2 from the Department of Planning and Development, Frederick ounty, Virginia: Bobby H. Anderson 104 Cedar Grove Road Winchester, VA 22603., Darian H. Anderson 104 Stephenson Road Stephenson, VA 22656 Charles Strother 146 Stephenson Road Stephenson, VA 22656 Theodore Hoover 139 Stephenson Road Stephenson, VA 22656'' James Patton 2968 North Frederick Pike Winchester, VA 22603 Michael T. Ruddy, Planjf I Frederick Co. Planning Dept STATE OF VIRGINIA COUNTY OF FREDERICK I, 1 01) Ann H& I I , a Notary Public in and for the State and County aforesaid, do hereby certify that Michael T. Ruddy, Planner I, for the De artment of Planning and Development, whose name is signed to the foregoing, dated 1 ' 9 Le , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this 1 My commission expires on COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street \ Winchester, Virginia 22601 PE�UFNFO �O SFNOER „COVED, LEFT NO AU ❑ FORWARDING OBOE []ATTEMPTED P4CYI K QUNCiAIMED L.' R'-F NO SUCH STREET O SUCH NUMBER Anderson -nson Road ot� taw«i' ); f►.!r t T rw C ` r L JUL -2'96 ' <1 b✓iQQjQ t R+ O'er, � COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/678-0682 I I AIFICAVI A I OF PUBLIC HCEA U IG July 2, 1996 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: THE APPLICATION OF DARIAN H. ANDERSON, VARIANCE #011-96 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 Darian H. Anderson for a 28' side yard setback variance on each side to build a single family residence. The propertyis located in an RA (Rural Areas) Zoning District at 104 Cedar Grove Road and is identified with Property Identification Number 42-A-302 in the Gainesboro 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 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street Winchester, Virginia 22601 Pf 7URNf0 �� TO �_ � SENDER harles ❑ MOVED, LEFT NO AD, ❑ FORWARDING ORDE{' ❑ATTEMPTED - NOT IC ❑ UNCI-AliMED REFUSED NO SUCH STREET i N10 SUCH. NUMBER Road �' H E V ,ati C =_ ..rarer..__ _---..J �• S JUL -2'96 '` i�- `' �E 6714014 0 V July 2, 1996 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 i CrM CAVI A i Or PURL IC Ht"AIMI NG TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: THE APPLICATION OF DARIAN H. ANDERSON, VARIANCE #011-96 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 Darian H. Anderson for a 28' side yard setback variance on each side to build a single family residence. The property is located in an RA (Rural Areas) Zoning District at 104 Cedar Grove Road and is identified with Property Identification Number 42-A-302 in the Gainesboro 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 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street Winchester, Virginia 22601 ss, to SEN [-7 LEFT NO AC ORDE TE.'\A PTED - NOT K z"LAIMED 0 REP �3 SUCH STREET Y-10 SUCH NUMBER Hoover enson Road 05 S P 0 SIA G JUL -2'96 0. t/ A- (J6 7'14 0 1'� COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 I I AIFICATIJAI F PUBLIC HEW"WI IG July 2, 1996 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: THE APPLICATION OF DARIAN H. ANDERSON, VARIANCE #011-96 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 Darian H. Anderson for a 28' side yard setback variance on each side to build a single family residence. The property is located in an RA (Rural Areas) Zoning District at 104 Cedar Grove Road and is identified with Property Identification Number 42-A-302 in the Gainesboro 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 6 107 North Kent Street - Winchester, Virginia 22601-5000