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Home My WebLink About14-96 William & Mary Hunt - Opequon - BackfileI • I ':PR 9G Eoµhad�d tl�.mAk °n CL'rnJ) E�J. CASH __ __ _ . �. -�. 19 _0 025-0 26 _ at RECEIPT Date Received From ) a Value ' Q 6 Address Dollars$ .. �� ForACCOUNT f 7 HOW PAID WAYM9 o; d OF ACCOUNT CASHT AMT. PAID CHECK BY BALANCE DUE MONEY ORDER F I L E COPY COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAY: 540/ 678-0682 September 18, 1996 Mr. and Mrs. William Hunt 21000 Gulick Mill Road Leesburg, VA 22075 RE: VARIANCE APPLICATION #014-96: WILLIAM AND MARY HUNT, PIN 75E-1-3-238 Dear Mr. and Mrs. Hunt: This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their meeting of September 17, 1996. The Board of Zoning Appeals approved your application for an eight -foot rear yard setback variance for an existing principle structure and attached deck. 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 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 MEMORANDUM TO: Finance Department FROM: Beth Ann Hall, Clerk Typist III hA SUBJECT:' Return Of Sign Deposit y DATE: September 18, 1996 The amount of $25.00 was deposited in line item #10-1911-08 for the company named below as a deposit for a sign for Variance Application #014-96. 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: Blue Ridge Real Estate Attn: Charles Richardson 2725 Valley Avenue Winchester VA 22601 Please contact me if you have any questions. RSA/bah 107 North Kent Street - Winchester. Virfyinia 22601-5000 BZA REVIEW DATE: 9/17/96 VARIANCE #014-96 WILLIAM AND MARY HUNT LOCATION: The property is located at 206 Halifax Court, in Fredericktowne, Stephens City. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 75E-1-3-238 PROPERTY ZONING & USE: Zoned RP (Residential Performance) District; Land use - Residential ADJOINING PROPERTY ZONING & USE: Zoned RP (Residential Performance) District; Land use - Residential VARIANCE: An eight -foot rear yard setback variance for an existing principle structure and attached deck. REASON FOR VARIANCE: The northeast corner of the existing house extends one foot past rear setback line, and northeast corner of an 8' x 26' deck extends eight feet past rear setback line. STAFF COMMENTS: The existing house and attached deck were constructed in the late 1970's. The rear yard setback was, and still is, 25'. At the time of construction, the house and attached deck were built in violation of the rear yard setback requirements. The house is 24' from the property line and the attached deck is 17' from the property line. The current owner is seeking the variance in order to obtain a clear title on the property. Staff believes that the applicant's variance request meets the test for Board of Zoning Appeals approval as specified in Section 15.1-495(b)(1), (2) and (3) of the Code of Virginia. Strict application of the Zoning Ordinance would produce an undue hardship, and approval of the variance request will not have a detrimental impact to adjoining properties or the Zoning District as a whole. Furthermore, in granting the variance staff believes that substantial justice will be done to all parties concerned. STAFF RECOMMENDATION: Approval A ? e 4 76 N M1^ S 9 B 7 6 J J Jp Rt 1pJ? 6 ? 4 J 6 w IO ' 7 B C J S 4 J 9 10 C/'' �Q W E `" 0 A 10 $ ? J7 re d o , JI Oe s 14 I �e use eo Nca lb g6 rob g4 55 63 ,`M tw.r 'A 5i � i V C 22 4'i ll 41 5 39 ,y"J N 5A 55 42 93 15 43 37 Rod 1� 1M P 7 63 9495 98 per. 34 .29 60 98 4 46 33 30 57 p� 00 02103 104 105 32 31 ti 9 1i �eP' 3 52 51 2 84 91 101 106 J°+• 16 11 12 55 54 g 89 85 • 7 0 109 08107 l 10 13 w 86 7 116 4 5 9'P/ 14 2 65 vim'" 70 87 3 c ^' 117 64 71 3 r41� 8 8 `} 73 7 78 79 141 142 i 43 w ' 118 / 7 25 74 77 140 144 i N N p �o 2 1 15 24 76 �0pp4e 16 23 28 35 75 r4a�. 139 137 127128 81 138 136 41 ^ 1128 129 22 29 34 83 63 17 6 63 '�< ,, , 35 37 'J JO 134 133 3 131 130 65 18 19 20 31 40A39A ' 256 41 75C A � 257 42 >rJ,� p 256 43 44 248 146 5 233 247 255 237 147 45 226 232 246 254 �" 227 1 228 231 236 O 39 245 253 151 om. 2 4 150 � 229 35 240 (\ 7 149 152 157 158 J69 185 � 114 DO1 9p J88 172 230 156 159 173 186 t✓ 115 241 � 153 `� 16 171 174 54 113 88 ,p 243 251 p4 155 160 7 177 �m 7p7 J86 187 J 21B 154 170 112 Oyj 242 l!') 7OJ I17 J. Y+jjO 153 �O� 161 89 85 250 N /� � ?p/ ?78 76S 17 � 176 � 13 l 116 86 4 ?O? 111 180 �y 7pd � ?OB �y ?p I?7 90 84 87 132 t17 55 249 16 181 110 133 Q t3, 11B 91 83 56 54 /p, pJ ?M ?10 ?J?I4 182 ' 19 g qq 109 ?pS 277 jj 18 134 19, /67 166 130 119 3 92 82 57 ??S 194 195t I?1J 7/78 108 1/ 35 qq� 120 93 ` 81 58 52 q 96197 189168 76S rel2q 14 (p 7j7 129 ii 128 121 107 94 BO 59 :2 ,88 { 1)s 76p /8 I 706 79 50 e l66 127 123 105 95 0 78 60 49 r 767 1 74 1)1 ,6 8 124� 104 77 61 0 6767A 1 9 171 77? 767 d Zoning for area 41 76p 151 125 7 764 179 v 470 152 �` RP 076 z 6U8 7 ,47shown: 632 "9jse 7 ` 102103 98 8 10, 75 64 46 ` 7 ? 80 1 g 45 146I Location Map for PIN: 75E-1-3-238 Variance #014-96 for William & Mary Hunt COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 I itIFICAVIOII OF PUBLIC HEAL I Ir September 3, 1996 TO: The Applicant(s) and/or Adjoining Property Owner(s) RE: Variance Application #014-96 of William and Mary Hunt, PIN 75E-1-3-238 On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing to be held on September 17, 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 William and Mary Hunt for an eight -foot rear yard setback variance for an existing principle structure and attached deck. The property is located at 206 Halifax Court in Stephens City and identified with Property Identification Number 75E-1-3-238 in the Opequon Magisterial District. Any interested party may attend this meeting to speak for, or iri oppositidnto,.the request., You may contact this office to have questions addressed. Sincerely, i��l,vfut;Uc%`Gl Michael T. Ruddy Planner I MTR/cg 107 North Kent Street • Winchester, Virginia 22601-5000 This is to certify that attached correspondence was and to the following on Sept, 31 (1q4; from th partment of Planning and Deve1 ent, Frederick County, Virginia: 75E 1 3 237 PIPER, CALVIN H. & CAROL A. 205 HALIFAX CT. STEPHENS CITY, VA. 22655- 75E 1 3 239 STEIN, GEORGE ADAM 204 HALIFAX COURT STEPHENS CITY, VA 22b55-- 75E 1 3 247 SPIELES, SHIRLEY A & KATRINA D 213 WYTHE AVENUE STEPHENS CITY, VA 22b55-- 75E 1 3 246 GILL, VIVIAN A. 217 WYTHE AVE STEPHENS CITY, VA 22655-- 75E 1 3 238 HUNT, WILLIAM H SR & MARY H 206 HALIFAX CT STEPHENS CITY, VA 22655-- Michael T. Ruddy, Pla er I Frederick County dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK I, &-th Pnn �Aaa 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'. 1-1� Co has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this &' d day of My commission expires on FeiY(Ja / l l I f ARY PUBLIC SIGN HERE SIGN HERE r .. 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 g other (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: WILLIAMacid _.MARY 11UN'.I:' NAME: 14. 11UN17 (son) ADDRESS21000 Gulick Mill Rd. ADDRESS: _ l eesburg, VA a. 0.07,!� ��'L0 A 28��` 7 _Tomeif TELEPHONE:703/444-7225 Work TELEPHONE:_ 3. The property is located at(give exact directi°"'9 State Route numbers).: Lol w! c�„ Q. 206 Halifax Court ter`,,,' Fredericktowne 'V LLLCIL, Stephens City, VA 22655 Directions: Aylor. Road to Caroline, to left on Rockbridge to left on Halifax Court. R 50 4. The property has a road frontage of A 57.99feet and a depth Of 14,560 feet and consists of .3317 _ acres. (please be exact) 5. The property is owned by WILLIAM and MAEY HTJNT as evidenced by deed from G.WILSON FLETCHER, SR. recorded (previous owner)_ in deed book no. g(� � -on page 671 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: Opequon 7. 14-Digit Property identification No.: 75E-1-3-238 8. The existing zoning of the property is: Residential 9. The existing -use of the property is: Residential p 1Q. Adjoining Property: USE ZONING North RES SS East RES RES kP South RES RES West RES RES 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.") An.Eight Foot (81) variance for rear setback line (A) Because N.E. corner of house extends One Foot (1') past rear setback line (B) Because_N.E. dorner of 8' x 26' deck extends Eight Feet past setback line 12 ' List specific reason(s) why the variance is being sought in terms of: - exceptional narrowness, shallowness, size or shape of ro ert P P Y, or - exceptional topographic conditions,or other extraordinary situation or condition of property,.or - the use or development of property immediately adjacent thereto 1 To bring 12- ear -old property into complianceWith county ordinance A 2 To obtain a' clear title �;' `a> '°;I `�'♦♦'s (3) Because of shallowness of lot. 13. Additional comments, if any LOT # 237 239 Page 3 of 5 14. The following names and addresses are all of, the individuals„ firms, or corporations owning property adjacent .to the pro e for which the variance is being sought, includin P P rty` g properties .at the sides, rear and in front of (across street from), the subject property. (Use additional pages if necessary.) These.pegple''ill: be notified by mail of this application:at oomplets i4- um - _ _ _. _ digit orooerty idea Cation nber) - --- _ NAME Address 205 Halifax Court, Stephens City; VA CALVIN H. and CAROL A. PIPER [Property In&v 75E-1-3-237 GEORGE ADAM STEIN 247 ISHIRLEY A. and KATRINA D. SPIELES 248 IVIVIAN A. GILL dress 201 operty I ress 213 perty ID Address Property I Address Property ID Address Property ID Address Property I Address Property I Property ID Address Property ID Address Property ID ialifax Court, Stephens City, VA 75E-1-3-239 W, the Avenue Stephens City,; VA'.. 75E-1-3-247 W the Avenue, Stephens City,: VA, 75E-1-3-248 Page.4- of 5 . • 15 Provide a sketch of the nvnnarty fvnii mnu „co 4-h4e Li" Ir r . �.... ..+ '...a.awu...- ._ w...� AOL ifN19 . [6 TO CERTNt'4 THAT ON ULY 23, 1996 T MADE AN ACCURATlt HUMIVItY OF TO PR�MIll �IIONl1 NKREON An 'CHAT THERE ARE N(P EAdVaNT9 OR RNaCR CHMBNTB V14711LE ON THE MOM oT' s THM lmoss AHOHN. g6RLON . I t* THIS LOT WES NOT TALL 1N A FLOOD MA7ARD 7'MIP- RECORD rLAT TR RECORDED IN 6RED HOOK 441 AT rat n sP��Fs co N Z00 LOT 248 �. ot 2�4't0 3°45'0 SN � O 15 0C- cal .�--� - ` .n•a F� 0fee S ?xSToRy I M ?of, LOT 238 �J 14.450 /� Gh t6 GQ L 1\ Z rI per', ■50.00 , AO tic ss 99 ' Box optI Ab HALIFAX �^ z3 •�6 COURT (50' R /w) .. : LOT 238 kl FREDER ICK'fk t s E sV Mum : Fwi�i�li ?� r' TK Y A, ,19, HOUSE Lac -1 -� � � #--, ATION SURVE�--- FORS � . W G .: SOUTH W ' ; ' �S%REET �. �E " wr rrH TF-R, VI GINIA (540) 662"9323 ' TOTAL P. 674103 THIS 'IS TO CERTIFY THAT ON JU. 2 1996 I MADE AN ACCURATV SU,•.EY OF THE PREMISES SHOWN HEREON AND THAT THERE ARE NO EASEMENTS OR ENCROACHMENTS VISTBLF. ON THE rROITND OTHER THAN THOSE SHOWN HEREON. fn1tt � THIS LOT DOES NOT FALL IN A FLOOD IWARD 70NF. IJI� �i � �' �'(� 16 7 3 RECORD PLAT IS RECORDED IN DEED BOOK 441 AT PACE 346. N LOT 248 5 53045' 00"E VO! 00' once r I 0 deck ocree 10.0- » cover♦ orch porch p — �� 261 1 2 STORY M FRAME u 206 LOT 238 14,450 p porch �� i O \. 2 RI =SO.00 ELE BOX I t R=57.99 p pt f0 1�k HALIFAX COURT (50' R /W) HOUSE LOCATION SURVEY FURSTENAU SURVEYING III SOUTH LOUDOUN STREET WINCHESTER, VIRGINIA (540) 662-9323 VIRGINIA: I-REDERIC 00NIY,SC1. Tills slrw r nt of wrl ng 5 pro u ell to mo on J� _ Ji'IP A "ie� f. %r`! LOT 247 • p,l 11 � U A M. FURSTENAU NO. 1455 LOT 238 SECTION 3 FREDERICKTOWNE OPEOUON DISTRICT FREDERICK COUNTY, VIRGINIA TM. 75E-1-3-238 lD �t N O J DAINt JULY 23. 1996 •CALIt I" = 30' OWN. •yt FLETCHER / HUNT Page 5 of 5 AGREEMENT VARIANCE # - 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 m knowledge, true. 1 SIGNATURE OF APPLICANT/OWNER - U.b (Date) c SIGNATURE OF AGENT (Date) (if other than applicant) 8 L (AC- A J iX6 AeA4651/t7'r_' ants'VA 0-12-6of -OFFICE USE ONLY- BZA PUBLIC HEARING OF ACTION: - DATE - APPROVAL 1 DENIAL SIGNED: —J BZA AIRMAN DATE: 1i I'11' 111 THIS DEED, made and dated this day of July, 1996, by �Jl and between C. WILSON FLETCHER, SR. and LINDA W. FLETCHER, his wife, parties of the first part, hereinafter called the Grantors;MI C� d WILLIAHUNTApnd KAR� HUNT, his wife, parties of the second part, hereinafter called the Grantees. WITNESSETH : That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other good and valuable consideration, receipt whereof is hereby acknowledged, the Grantors do grant and convey, with General Warranty and with C) English Covenants of Title, unto the Grantees, as tenants by the entirety in fee simple, with right of survivorship as at common law, together with all rights, rights of way, privileges, improvements thereon and appur.t:enances thereto belonging, all of the following realty: C' All of that certain lot or parcel of land, together with all rights, rights of way, privileges, improvements thereon and appurtenances thereunto belonging, lying and being situate in _ Opequon Magisterial District, Frederick County, 4C Virginia, and more particularly described as Lot No. 238, as shown on the Deed of Dedication and Declaration of Plat for Fredericktowne Company, Section III, made and dated April 28, 1975, and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 443, at Page 296, and amended Deed of Dedication dated April 26, 1976, recorded in the aforesaid Clerk's Office in Deed Book 457, at Page 510; and further being more particularly described by House Location Survey prepared by David M. Furstenau, L.S., dated July 23, 1996, attached hereto and by this reference made a part hereof as if set out in full.; AND BEING the same property conveyed to the Grantors herein by Deed from Joel 0. Stowe and Lucita M. Stowe, his wife, by Joel 0. Stowe, her Attorney in Fact, dated June 8, 1984, and recorded in the aforesaid Clerk's Office in Deed Book 577, at Page 256. Reference is here made to the aforesaid instruments, the attachments thereto and the references therein contained for a further and more particular description of the property hereby conveyed. SCULLY This conveyance is made subject: to all legally enforceable 6 GLASS ATTORNEYS AT LAW io restrictive covenants and easements of record affecting the SOUT11 KENT SIREET WINCHESTER, VIRGINIA 22601 • • 110] 6,'1 11i 1 672 subject property. WITNESS tale following signatures and seals: .._�-�k&ULL---(SEAT ) C. WILSON FLETCHER, SR. -11 _4 (SEAL) LINDA W. FLETCHER STATE OF VIRGINIA CITY OF WINCHESTER, to -wit: The f_or.egoi>>g Deed was ac:k,iowledged before me this d& day of July, 1996, by C. WILSON FLETCHE SR. and LINDA W. FLETCHER, his wife. gel NOTARY PUBLIC 1 L. My commission expires kk 2 SCULLY • GLASS ATTORNEYS AT LAW 20 SOUTH KENT STREET WINCHESTER, VIRGINIA 22601