HomeMy WebLinkAbout09-95 Rick Shanholtz - Stonewall - Backfile���� °t5 �av� � �-e hacl� 1
RECEIPT
NS 024551
AMOUNT DUE
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AMOUNT PAID
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BALANCE DUE
PAID BY
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FREDERICK COUNTY DEPT. OF PLANNING AND DEVELOPMENT
P.O. BOX 601, 9 NORTH LOUDON ST.
WINCHESTER, VIRGINIA 22601
RECEIVED FROM
ADDRESS
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THE SUM OF 1' 'Gp
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DAYTIMERSRE-ORDER No. 3221 — Printed in USA
I
July 19, 1995
Rick L. Shanholtz, Sr.
768 Gun Club Road
Stephenson, Virginia 22656
COUNTY of FREDERICK
Department of Planning and Development
703/665-5651
FAX 703/ 678-0682
RE: VARIANCE APPLICATION #009-95: RICK L. SHANHOLTZ SR.• PIN 44-5-1-10.
Dear Mr. Shanholtz:
This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at
their meeting of July 18, 1995.
The Board of Zoning Appeals approved your application, for a 16' side yard variance to
accommodate a new home.
If you have any questions regarding the approval of this application, please feel free to call
this office.
Sincerely,
W. Wayne filler
Zoning Ad inistrator
WWM/dre
107 North Kent Street P.O. Box 601
Winchester, VA 22601 Winchester, VA 22604
:.
BZA REVIEW DATE: 07/18/95
VARIANCE #009-95
RICK L. SHANHOLTZ, SR.
LOCATION: This property is located at 768 Gun Club Road, Stephenson, Virginia.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 44-5-1-10
PROPERTY ZONING & USE: Zoned RA (Rural Area); Land Use - residential
ADJOINING PROPERTY ZONING & USE: Zoning RA (Rural Area); Land Use -
residential & vacant
VARIANCE: Requesting a 16' side yard variance to accommodate a new home.
REASON FOR VARIANCE: The request for a side yard variance is due to the exceptional
narrowness, or shape of the property. The narrowness of the lot prohibits replacing the
existing mobile home with home of equal size.
STAFF COMMENTS: The property in question is located in the RA (Rural Area) Zoning
District. The setbacks for the proposed structure is 60 feet from the front property line or
right-of-way, and 50 feet from the side and rear property lines. While the proposed home
will meet the front, rear, and left side yard setbacks with ample room, the structure will
come within 34 feet from the right side yard property line. Presently, the existing home
comes within 29 feet of the right side yard property line. The existing home consists of a
mobile home with a permanent attachment (bathroom) on the left side.
The proposed structure will replace the mobile home and expand upon the existing
permanent structure. By building standards, the proposed home is considered a new
structure, rather than a replacement. Any new structures must conform to present setbacks.
In this case, the applicant has approximately 50 feet in width that he can build upon.
Page 2
Rick Shanholtz Variance
While the applicant is proposing to build a structure that will lessen the degree of
nonconformity compared to what exists today, it is still reasonable that the applicant can
alter his building plans to meet the current setback requirement.
STAFF RECOMMENDATIONS: Unless clear case of hardship is presented by the
applicant, the staff recommends denial of the variance.
page 1 of 5 APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
.......................
............................
..........................
11
.......................11
initials'
Sign Return bate:
MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT
1. The applicant is the owner other XX (Check one)
�l
2. APPLICANT: OCCUPANT: (if different)
NAME: RICKY L SHANHOLTZ, SR. NAME: MICHELLE L. LAHMAN
ADDRESS 768 GUN CLUB ROAD ADDRESS: 768 GUN CLUB ROAD
STEPHENSON, VA 22656 STEPHENSON, VA 22656
TELEPHONE:- (703) 662-6824 TELEPHONE: (703) 662-6824
3. The property is located at (give exact directions and include
State Route numbers):
TAKE ROUTE 11 NORTH AND TURN RIGHT ON ROUTE 761 (OLD CHARLESTOWN ROAD).
TAKE 1ST STATE ROAD ON LEFT, ROUTE 666 (GUN CLUB ROAD). GO 1 3/4 MILE
AND LOT IS ON RIGHT (MAILBOX 768).
4 .
The property has a road frontage of ft feet and a depth
of I $G4S' feet and consists of FIVE (5) acres. (please be
exact)
5. The property is owned by MICHELLE L LAHMAN
as evidenced by deed from RICKY L SHANHOLTZ. SR. recorded
(previous owner)
in deed book no. 838 on page 0137 of t �a� "
books of the Clerk of the Court for Frederick County 1 ttz `<
a copy of the deed. JUN 1995
cr.
RECEIVED
DEPT. OF PLANNING
li AND DEVELOPMENT
page 2 of 5
6. Magisterial District: 1,1-�1 /
7. .14-Digit Property Identification No.:
8. The existing zoning of the property is:UrQ
9. The existing use of the property is: '/e 516b, h h�
10. Adjoining Property:
11.
USE ZONING
North __� a ld ?G
IC
East t 6tt h a
South Sc n
West Vo, C 0,YI r
Describe the variance sought in terms of distance and type.
(For example: "A 3.5' rear yard variance for an attached two
car garage.")
12. List specific reason(s) why the variance is being sought in
�7exceptional
d 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
JUR! 19,95
cis
"
DEPT. OF PLANNING
,r
1�!
AND DEVELOPMENT
Sly
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
Address
[)eall P- terAJ-S Property ID#
r%p &Ulu GLv/3
r 9NSb NJ �oaVA 22 S Address
r & 5tiC. � �J 9Y- J7 - 1
7G,z GV� Gr✓u3 2oa,� Property ID#
'MPN� &rs ml Va
Address
�v )scl! 9'(JJ -twa.v '/-(-/ — ?-- / _ ( Z
. r3ov 3? Property ID#
57kp u'n scm i VA
Address
9 27- 6u N cl" 5 Rd Property ID#
5 L2 h� Sen w z-)GSA Address
Property ID
Address
Property ID
Address
Property ID
Address
Property ID
Address
Property ID
Address
Property ID
Address
—
Property ID
JUN '19S5
DEPT. OF PLANNING �.i?
AND DEVELOPMENT��
m�4
IV
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.
Adjoininq Prooert YOUR
PROPERTY
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,Property Line
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----------- ------ --=Center of
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-SHOW THESE MEASUREMENTS
��1920 Z12'
,h JUN'' ^�
REC__ 7D
'r DEPT. OF PLANNING
\` AND DLVELOPMENL
i COUNTY of FREDERICK
Department of Planning and Development
703/665-5651
FAX 703/ 678-0682
MEMORANDUM
TO: Finance Department
FROM: Karen A. Clark, Receptionist/Clerk II
SUBJECT: Return Of Sign Deposit
DATE: August 3, 1995
The amount of $25.00 was deposited in line item # 10-1911-08 for the person named
below as a deposit for a sign. 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:
Ms. Michelle L. Lahman
768 Gun Club Road
Stephenson VA 22656
Please contact me if you have any questions.
RSA/kac
107 North Kent Street P.O. Box 601
Winchester, VA 22601 Winchester, VA 22604
�a CY
CENE7.Page 5 of 5AGREEMENT
VARIANCE #
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 ATE
SIGNATURE OF OWNER 4�� TE C
(if other than applicant)
-OFFICE USE ONLY-
BZA PUBLIC HEARING OF ACTION:
- DATE -
APPROVAL i
DENIAL SIGNED:
BZA CHAIRMAN
DATE:
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DEED
THIS DEED OF GIFT AND DEED OF ASSUMPTION made and dated this 28th
day of April, 1995 by and between RICKY L. SHANHOLTZ SR ,(also known of
record as RICKY L. SHANHOLTZ) party of the first part, hereinafter called the
Grantor, and MICHELLE L. LAHMAN, party of the second part, hereinafter called the
Grantee, and MILDRED F. COLE, party of the third part.
WITNESSETH: That for and in consideration of the sum of One Dollar ($1.00),
cash in hand paid, and other good and valuable consideration, the receipt of all of
which is hereby acknowledged, and for and in consideration.,of., love and affection, the
Grantor does hereby grant, bargairi"arid convey with General Warranty and English
Covenants of Title, in fee simple absolute, unto the Grantee, the following described
real property, together with all improvements thereon and the appurtenances thereto
belonging:
All that certain lot or parcel of land, lying and being situate in Stonewall
Magisterial District, Frederick County, Virginia, being designated as Lot
10, containing 5.000 acres, of Leetown Heights, Section I, as shown on
that certain Plat and Survey of H. Bruce Edens, C.L.S., dated July 18,
1977, which said Plat and Survey is of record in the Office of the Clerk
of the Circuit Court of Frederick County, Virginia, in Deed Book 476, at
Page 793; and being the same real property which the Grantor herein
acquired by Deed dated December 19, 1986, from Dennis T. Cole,
homme sole, which said Deed is of record in the aforesaid Clerk's Office
in Deed Book 634, at Page 673. Reference is hereby made to the
aforesaid Plat and Survey and Deed, and to the references therein
contained, for a further and more particular description of the property
hereby conveyed. f
This conveyance is made subject to a certain Deed of Trust dated December
19, 1986, recorded in the aforesaid Clerk's Office in Deed Book 634, at Page 675,
securing a Note of Ricky L. Shanholtz of even date in the original amount of Fourteen
Thousand Nine Hundred Ninety-five and 00/100 Dollars ($14,995.00) including
interest, payable to the order of Dennis T. Cole, or his assigns, and as part of the
consideration for this conveyance, the Grantee assumes the balance due on said
note, the present unpaid principal balance thereon being Three Thousand Five
Hundred Twenty-one and 85/100 Dollars ($3,521.85). The Grantee hereby
covenants and agrees to pay the aforesaid Note in accordance with its terms and the
terms of the aforesaid Deed of Trust as evidenced by her signing this Deed.
Mildred F. Cole, party of the third part and assignee and present holder of the
aforesaid Note, executes this Deed for the sole purpose of evidencing her knowledge
of and consent to the herein described assumption.
This conveyance is made subject to all legally enforceable easements,
restrictions and/or conditions of record, if any, affecting the aforesaid realty, and
specifically made subject to that certain restrictive covenant contained in the
aforesaid Deed to the Grantor herein.
WITNESS the following signatures and seals:
� _
RICKY L. SHANH LT (SEAL) sR.
MICHELLE L. LAHMAN (SEAL)
Z� (SEAL►
MIL RED F. COLE
STATE OF VIRGINIA,
CITY OF WINCHESTER, to -wit:
I. Susan R. woodiil , a Notary Public in and for the State and
Jurisdiction aforesaid, do hereby certify that RICKY L. SHANHOLT7.1wShRose, name is
signed to the foregoing DEED OF GIFT AND DEED OF ASSUMPTION bearing date the
28th day of April 1995, has personally appeared before me and acknowledged
the same in the City of Winchester, Virginia.
Given under my hand this 28thday of Aril, 1995.
My Commission expires: _ Sept. 30, 1996
NOTARY PUBLIC
STATE OF VIRGINIA,
CITY OF WINCHESTER, to -wit:
a Notary Public in and for the State and
Jurisdiction aforesaid, do hereby certify that MICHELLE L. LAHMAN whose name is
signed to the foregoing DEED OF GIFT AND DEED OF ASSUMPTION bearing date the
28th day of -Apz1L,1995, has personally appeared before me and acknowledged
the same in the City of Winchester, Virginia.
Given under my hand this 28thday of Ate, 1995.
My Commission expires:
NOTARY PUBLIC
•
BK836PGo 139
STATE OF VIRGINIA,
CITY OF WINCHESTER, to -wit:
1 f 31; r—k a L. tlavis a Notary Public in and for the State and
Jurisdiction aforesaid, do hereby certify that MILDRED F. COLE whose name is signed
to the foregoing DEED OF GIFT AND DEED OF ASSUMPTION bearing date the 28th
day of April ,1995, has personally appeared before me and acknowledged the same
in the City of Winchester, Virginia.
Given under my hand this ?a,.l1ay of April , 1995.
My Commission expires: --�;
NOTARI'APUBLIC.
VIRGINM- FREDERICK OOUNTY, SCT.
Thts Instrument of w Iting was produced to me on e
dey of CU_ , tq�t_.sL
and with carYlf'c:?i3 of acv wiedgmunt thorsto annexed
was adrniNed to re.nrd. T'a Irnpvved by Sec. 58.1-802 of
and 58.1-801 have been paid, If 28508sabte.
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clerk
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Edward L. Lord
CURVE WLE
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Surveyor's Certificote
/ hereby certify that the land conto/ned
/n this subd/vis/on is 0 portion of the
lond conveyed to Dennis T. Cole by
coed doted 27 April 1972 and recorded
yr the Frederick County Court Clerk's
Office in Deed Book 390 of page 27
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Stonewall District, Frederick County, Va.
/B July /977
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i COUNTY of FREDERICK
Department of Planning and Development
— 703/665-5651
FAX 703/678-0682
June 3, 1995
TO THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S)
The Application of: RICK L. SHANHOLTZ SR.
APPLICATION #009-95: The applicant is requesting a 16' side yard variance for the
construction of a home. This property is located at 768 Gun Club Road, Stephenson,
Virginia, in the Stonewall District and is identified with PIN 44-5-1-10.
This variance application will be considered by the Frederick County Board of Zoning
Appeals at their meeting . of July 18, 1995, at 3:25 p.m., in the board room of the old
Frederick County Courthouse, Winchester, Virginia.
Any interested parties having questions or wishing to speak may attend this meeting.
Sincerely,
qea
a.-� , �J OL4-
n M. Moore
Planner I
JMM/dc
107 North Kent Street P.O. Box 601
Winchester, VA 22601 Winchester, VA 22604
This is to certify that6e attached correspondence was Ad to the following on
JULY 3, 1995 from the Department of Planning and Development,
Frederick County, Virginia:
li L..A►Ml''fA'N-,
��•E;�'�rfEN��'N ,
---- 44 5 9
KERNS, DEAN D.
7 i4 'GUN ,oCLiUB RUAD
:3TEF-141ENBUN, 1VA 'Ry; e65b-
SHAFFER.. .. CL,ARENCE LEE 7
'7e6µ GLJN -CLUB RX) V
BI'E:1"'MEiNSON, VA «w."n Qi5<6
----------- A4 A 140
CARTER, :ROBE:RT ,W
827 GUN CLUB RX) i
' $TETHfE:N$UN:, 'VA
� S'�.26«'ie6... it
44 7 4 12 'r
R:EDGEWAY, i"+USSE:L:L..M
3TE:PMENSON. 'VA 22 65,c6..•.
�( RICK L. SHANHOLTZ, SR.
768 GUNCLUB ROAD
STEPHENSON, VIRGINIA 22656
I
(Jean M. Moore Planner I
Frederick Co. Planning Dept.
STATE OF VIRGINIA
COUNTY OF FREDERICK
i
a Notary Public in and for the State and
County aforesaid, do hereby certify that Jean M. Moore Planner I, for the Department of
Planning and Development, whose name is signed to the foregoing, dated
has personally appeared before me and acknowledged the same in my State and County foresaid.
Given under my hand this _c/ day of
My commission expires on
NOTARY PU LIC
0
G.I.S. WORK ORDER
G�
rDepartment of Planning & Development
V IS 9 North Loudoun Street
y Winchester, VA 22601
J 703-665-5651 "
The following information needs to be supplied to request production of mapping or graphics from the
Planning Department.
DATE U
DEPARTMENT
CONTACT: 1 PHONE:
DESOF PRC OJErTCTN `� l' �) �� -Mon''Pa-
�fo r ► n nr-c-- Qnho d
r
REQUESTED COMPLETION DATE:
— For Planning Department Use —
Materials & Supplies:
Keep in Storage? Yes No ✓ Public Use Fee
Total Time Spent
on Project: pL Lz
Comments:
keshore Tevetopment
457 Back Mountain Road ® Winchester, VA 22602
(703) 877-1038® (800) 234-8837 ® FAX (703) 877-9764
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