HomeMy WebLinkAbout10-95 Loyd Michael - Back Creek - BackfileLo) as RMA rN7k-
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FREDERICK COUNTY DEPT. OF PLANNING AND DEVELOPMENT
P.O. BOX 601, 9 NORTH LOUDON ST.
WINCHESTER, VIRGINIA 22601
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DAYTIMERSRE-ORDER No. 3221 — Printed in USA
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: July 19, 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:
Mr. Loyd Michael
P.O. Box 819
Stephens City 22655
Please contact me if you have any questions.
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107 North Kent Street P.O. Box 601
Winchester, VA 22601 Winchester, VA 22604
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COUNTY of FREDERICK
Department of Planning and Development
1703/665-5651
FAX 703/ 678-0682
July 19, 1995
Loyd Michael
1199 Macedonia Church Road
Stephens City, Virginia 22655
RE: VARIANCE APPLICATION #010-95: LOYD MICHAEL• PIN 40-A-113
Dear Mr. Michael:
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 10' left side yard variance
and a 33' right side yard variance for the construction of a home.
If you have any questions regarding the approval of this application, please feel free to call
this office.
Sin&Adnistrator
W.
Zon
WWM/dre
107 North Kent Street P.O. Box 601
Winchester, VA 22601 Winchester, VA 22604
BZA REVIEW DATE: 07/18/95
VARIANCE #010-95
LOYD MICHAEL
LOCATION: The directions to this property are as follows: Northwestern Pike (Route 50
west), turn left on Back Mountain Road (Route 614), first lane on left past White's Iron
Works.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 40-A-113
PROPERTY ZONING & USE: Zoned RA (Rural Area); Land Use - vacant
ADJOINING PROPERTY ZONING & USE: Zoning -RA (Rural Area); Land Use -
residential and vacant
VARIANCE: Requesting a 10' left side yard variance and a 33' right side yard variance for
the construction of a home.
REASON FOR VARIANCE: Applicant states that the setback requirement changed after
septic system was issued and construction completed. The proposed house conforms with
the location of the septic system.
STAFF COMMENTS: The applicant acquired a permit for aseptic system on May 21, 1991.
The side yard setbacks at that time were 15 feet. Seven months later (December 11, 1991),
the Frederick County Ordinance was amended to increase the side yard setbacks to a
minimum of 50 feet.
There is no doubt that the property was purchased in good faith. At the time the placement
of the septic system was conducive to constructing a home within the setback requirements.
However, current setbacks do apply to the applicant since the house has not yet been
constructed.
Page 2
Loyd Michael Variance
The current setback requirements do not unreasonably restrict the utilization of the property
due to exceptional narrowness, shallowness, size, shape, or topography of the land. It is not
certain that the applicant could not situate the home in a manner that meets the required
setbacks. In addition, boundary line adjustments should be sought as a possible remedy to
the problem.
STAFF RECOMMENDATIONS: Unless the applicant proves that relocating the proposed
structure is unreasonable, staff recommends denial.
E
10
page 1 of 5 APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
M
MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT
1. The applicant is the owner V-11 other (Check one)
2. APPLICANT: OCCUPANT: (if different)
NAnE : v NAME:
ADDRESS I 'I q .Mar e_ d0nia. e�,hd ADDRESS:
TELEPHONE: 703 S b y- 45 8 T TELEPHONE:
3. The property is located at (give exact directions and include
Staten pRout1e numbers):
U 1
<-) FL tom' r n to / .s Lana, on 1 ". -I�k ,na�s - -
_-7 p%on ('U6a ks
4. The property has a road frontage of feet and a depth
of ��,;10 feet and consists of %, 7,5-acres. (please be
exact) `•/
5. The property is owned by o c�i-) a /q1 c- . W , 'MI
!j�
l
as evidenced by deed from Mt Lc) recorded
�1 (p evious owne )
in deed book no. 3 3 `�' on page 5 / 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:�p
7. 14-Digit Property Identification No.:[��°�` ��
8. The existing zoning of the property is: j& &4L 4RE `�-J
9. The existing use of the property is: VA c 0, N 'T �
10. Adjoining Property:
USE ZONING
North is A/ U 5 £ D R (�
East . R M R P
South _ _ (I
West 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.")
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12. List specific reason(s) why the variance is being sought in
terms of:
exceptional narrowness, shallowness, size or shape of
property, or
1
exceptional topographic conditions, or other extraordinary
situation or condition of property, or
the use or development of property immediately adjacent
thereto
-A'-� `' 165tte Cx C1 h ✓c �6 rn e- lc--,
13. Additional comments, if //� any�j
'7-A,o /)l/ir�rr�vn i,F-- 44, A00se C'_'Cil1 f�1r2e�2< (CJ�
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) % / ,J f
NAME - C 0 -lal Q t �C.1 '.
/, Address a(�c)
1 CCR P `J% 1
Property ID#
Address
sat s cLc; % Meun4'71 d 601 6V
_'2 a.&
-Property
� ID# ` / 1
Address°" 5-3 a L- k /).)o1rp �q ��7 4dX , (�L�le'1 c�je6ki
o7 ;? G0
u SS .e-R Property ID#
Address
Property ID
Address
Property ID
Address -
Property ID
Address
Property ID
Address
Property ID
Address
Property ID
Address
Property ID
Page 4 of 5 0
s
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 44oining Property
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�Addi,
Lion
$
a �177
F-v ert Linei
----------------------=Center of Road -------
Road
SHOW THESE MEASUREMENTS
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Page 5 of 5
VARIANCE #
AGREEMENT
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,2C �. DATE 06 a� /��
SIGNATURE OF OWNER
(if other than applicant)
-OFFICE USE ONLY -
DATE
BZA PUBLIC HEARING OF ACTION:
- DATE -
APPROVAL
DENIAL SIGNED:
f
BZA CHAIRMAN
DATE: �/ 71,zq` !
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6495M
12/20/90
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THIS DEED OF GIFT, made and dated this 5th day of
December, 1990, by and between HARRY SCOTT WHITE, JR. and
SANDY H. WHITE, his wife, parties of the first part,
hereinafter called the Grantors; and LOYD A. MICHAEL and ALYCE
W. MICHAEL, his wife, parties of the second part, hereinafter
called the Grantees; and HAZEL 0. WHITE, party of the third
part.
WHEREAS, the Grantees.h'erein are the owners in fee simple
of that certain lot or parcel of land containing 1.265 acres,
more or less, lying and being situate Southeast of Virginia
Route 614, in Back Creek Magisterial District, Frederick
County, Virginia, being the same property previously conveyed
to said Grantees by that certain deed dated September 20,
1967, from Harry Scott White, Jr., Single, which deed is of
record in the Clerk's Office of the Circuit Court of Frederick
County, Virginia, in Deed Book 336„ at Page 289; and,
WHEREAS, the said 1.265 acre parcel of land acquired by
the Grantees by the terms of the aforementioned deed was a
portion of the lands acquired by said Harry Scott White, Jr.,
by that certain deed dated August 18,, 1967, from Harry Scott
White and Hazel O. White,,his wife, which deed is of record in
the aforesaid Clerk's Office in,Deed Book 334, at Page 551; by
the terms of said deed, Harry Scott White and Hazel O. White,
his wife, did reserve a life estate in the larger tract of
land conveyed therein (of which the 1.265 acre lot or parcel
of land now owned by the Grantees was a portion), and did
further impose certain duties and obligations upon the
Grantee, Harry Scott White,:Jr.;:and,
WHEREAS, Harry Scott White is now deceased, with a life
estate in the retained lands of the Grantor now vested in the
party of the third part; and,
WHEREAS, the Grantors have agreed to convey unto the
Grantees herein an additional lot or parcel of land containing
0.490 acre, contiguous to the 1.265 acre parcel°currently
owned by the Grantees, which additional lot or parcel of land
shall be merged with the existing.1.265 acre lot or parcel of
land of the Grantees, thereby aggregating a lot or parcel of
land determined upon current survey of L. Allen Ebert, L. S.
dated November 21,.19:9,0,, to contain 1.156 acres, which plat
and survey of said L. Allen Ebert, L. S., dated November 21,
1990, is attached hereto and incorporated herein by reference
as if set out in full; and,
WHEREAS, for valuable consideration received, the party
of the third part does further join herein to convey,
quitclaim and.release unto the Grantees all of her right,
title and interest in and to the lot or parcel of land
conveyed hereby, and further, to release any,duties,
obligations,,reservations and stipulations imposedor reserved
in that certain deed dated August 18, 1967, and of record in
the aforesaid Clerk's Office in Deed Book 334, at Page 551.
WITNESSETH: That for and in consideration oflove and
affection, the Grantors do hereby grant and convey, with
general warranty of title, unto the Grantees, in fee simple
absolute, as tenants by the entirety, with common law right of
survivorship, all of that certain lot or parcel of land,
together with the improvements thereon and the appurtenances
thereunto belonging, lying and being situate in Back Creek
Magisterial District, Frederick County, Virginia, lying and
being situate Southeast of Virginia Route 614, containing
0.496 acre, and being more p'articularly,described by that
certain platan'd survey of L,-. Allen Ebert, L. S., dated
November 21, 1990, attached hereto and incorporated herein by
reference as if set out in full; and being a portion of the
lands previously conveyed to the male Grantor herein by that
certain deed dated August 18, 196.7, from Harry Scott White and
Hazel O. White, his wife, which deed is of record in the
aforesaid Clerk's Office in Deed Book 334, at Page 551.
Reference is made to the aforesaid instruments and the
references.therein contained for a more particular description
of the property herein conveyed:
THAT FOR AND IN CONSIDERATION AS AFORESAID, the Grantees,
as evidenced by their execution of this instrument, do hereby
covenant and agree that said 0.490 acre lot or parcel of land
acquired by the Grantees hereunder shall be merged with and
become part of the existing 1.265 acre lot or parcel of land
currently owned by said Grantees, so as to create"that certain
lot or parcel of land containing 1.756 acres, as more
particularly"described upon the attached plat and survey of L.
Allen Ebert, L. S., dated November 21, 1990.�
The subdivision and conveyance of the hereinabove
described 0.490 acre tract and merger of the same with�the
existing lot or parcel of land of the Grantees is with the
express consent and approval of the County of Frederick,
Virginia, as evidenced upon the hereinabove described plat of
L. Allen Ebert, L.S., dated November 21, 1990, attached hereto
and incorporated herein by reference as if set out in full.
This conveyance is made subject to all easements, rights
of way and restrictions of record affecting the subject
property.
FURTHER, IN CONSIDERATION AS AFORESAID, the party of the
third"part does join herein'to forever convey, quitclaim and
release unto the Grantees, as tenants by the entirety with
common law right of "survivorship, all of her,right,,title and
interest in'and"to the'hereinabove des6ribed"0.490 acre parcel
3
B!'i 60'!,; 0 ? 03
conveyed hereby, and does further covenant and agree that any
duties, obligations, reservations and stipulations imposed or
reserved in that certain deed dated August 18, 1967, of record
in the aforesaid Clerk's Office in Deed Book 334, at Page 551,
from Harry Scott White, et ux, to the male Grantor herein are
hereby forever released.
The Grantors do hereby covenant that they have the
right to convey to the Grantees; that the Grantees shall
have quiet and peaceable possession of the said property,
free from all liens and encumbrances; and they will grant
such further assurances of title as may be requisite.
WITNESS the following signatures and seals:
l!� ✓ll1C(//�C (SEAL)
HARK y
SCOTT WHITE,
6 C,j"et e� a • W �C, (SEAL)
SHINDY t? .' W?SITE
(SEAL)
LOYb A. MICHAEL
6-�'f/1�� (SEAL)
ALYC W. MICHAEL
L, (SEAL)
H Z L O. WHITE
STA TE -9F VIRGINIA, AT LARGE,
OF 64 To -wit :
The foregoing instrument, dated December 5, 1990, was
acknowledged before me, a Notary Public in and for the State
Sf
and urisdiction aforesaid, this day of
19 , by HARRY SCOTT WHITE, JR. X QU?1
My Commission expires
My Commission Expros June 30,1993 r
• Y"t --�4 L 1
Ali ,�,•'.!`` •''J
4 ..
Drr �U��.;i�Z(i�.•
NO ARY BLICL
STE F VIRGINIA, LARGE, /
OF
i
The foregoing instrument,
, To -wit:
dated December 5, 1990, was
acknowledged before me, a Notary Public in and for the State
70
and Jurisdiction aforesaid, this day of
19 q�, by LOYD A. MICHAEL.
My Commission expires MyCuruss+onExpresJune30, 1993
NO Y PUBLIC �
STATE OF VIRGINIA, AT LARGE,
OF VA-)"rY To -wit:
The foregoing instrument, dated December 5, 1990, was
acknowledged before me, a Notary Public in and for the State
and Jurisidiction aforesaid, this D-A day of
1991, by ALYCE W. MICHAEL. '7� .•R:j.
.••' .` Ili �•. -.
My Commission expires MyCommissicnCxpireshnc30,1J94.
Cc.
NOTARY PUBLIC %- :;;• 1;
STA OF VIRGINIA, =Er
( OF , To -wit:
he foregoing instr ment, dated December 5, 1990, was
acknowledged before me, a Notary Public in and for the State
and Jurisdiction aforesaid, this day of
19 , by HAZEL O. WHITE.
My Commission expires - MyComrnisicnExOres,luns;;0,1993
NOTARY PUBLIC
•
•
6K76011`I;U205
STATE OF VIRGINIA, AT LARGE,
�-
(L� OF �.Q �A�' t �(_C_� To -wit:
i
The foregoing instrument, dated December 5, 1990, was
acknowledged before me, a Notary Public in and for the State
and Jurisdiction aforesaid, this day of
19jL, by SANDY H. WHITE.
My Commission expire
CF
NOT RY PUBL�
THIS DEED PREPARED WITHOUT BENEFIT OF TITLE EXAMINATION
0 96o6c)*0
' • ' PAGE � OF .2
,.Sewage Disposal System Construction Permit
` Commonwealth of Virginia Health Department pD p _ 330
Department of Health a Identification Number
REQ"'tt - Health Department Map Reference d/O - 4 - /1-3 168
General Information
New Repair ❑ Expanded ❑ Conditional ❑ FHA ❑ VA ❑ Case No.
Based on the application for a sewage disposal system construction permit filed in accordance with Section
3.13.01, a) construction permit is hereby issue tp: S17q
'L
Owner J oVf) 14AeJ 1LVC- -Gig IC Telephone
2 Z 6
Address ' h4 AY S
For a Type �— Sewage disposal system which is to be construc ed on/at '� L5 ' -'j �' 14
ITT t_Aj e ON 1. �T l sr WN I tie �s ZRa�1 WdetcS R LEFT =
Subdivision r' Section/Blo k Lot
Actual or estimated water use 3 -' �F-0P S
DESIGN
NOTE: INSPECTION RESULTS
Water supply, existing: (describe)
Water supply location: Satisfactory yes ❑ no ❑
comments -k IvAtA-0 - Igo IDry a_1, 4 q�
G. W. 2 Received: yes ® no ❑ not applicable ❑
To be installed: class 3-6
cased 6.1 grouted 1156 `
9
Building sewer:
Building sewer: yes ❑ no ❑ comments
L" I.D. PVC 40, or equivalent.
Slope 1.25" per 10' (minimum).
Satisfactory
-{�,.,fa� �tti�cvlm
� �-�,Q
��
❑ Other
fJoT
Septic tank: Capacity `O gals. (minimum).
Pretreatment unit: yes no ❑ comments
❑ Other
Satisfactory
Inlet -outlet structure: /-Z " ��i L S1VL-9_:r -h
Inlet -outlet structure: yes )KJ no ❑ comments
PVC 40, 4" tees or equivalent. <.y44X_T
Satisfactory
❑ Other
Pump and pump station:
Pump dr pump station: yes ❑ no ❑ comments
No 0 Yes ❑ describe and show design.
Satisfactory A)#
if yes:
Gravity mains: 3" or larger I.D., minimum 6" fall per
Conveyance method: yes no ❑ comments
100', 1500 lb. crush strength or equivalent.
Satisfactory
❑ Ot'ter
Distribution box:
Distribution box: yes no ❑ comments
Precast concrete with /fir ports.
Satisfactory
❑ Other '% b SiT; 1N
Header lines:
Header lines: yes no ❑ comments
/ \
Material: 4" I.D. 1500 lb. crush strength plastic or equiva-
Satisfactory
lent from distribution box to 2' into absorption trench.
Slope 2" minimum.�J
Fl Other
Percolation lines:
Percolation lines: yes [ no ❑ comments
Gravity 4" plastic 1000 lb. per foot bearing load or
Satisfactory
equivalent, slop2 2" 4" (min. max.) per 100'.
❑ Other
Absorption tt$nches: '
Absorption trenches: yes no [I comments
Square ft. required AO :depth from ground surface
Satisfactory ,
to bottom of trench t'' ; aggregate size Yy _
6-3-5-2- Cat_ A-t-
Trench bottom slope -b" PtJ2 1-10'
center to center spacing trench width
Date Inspected and approved by:
Depth of aggregate 1" /
Trench lengthy ; Number of trenches
Sanitarian
C.H.S. 202A Revised 6/84 II-2
/v / 66/✓712(; a •
Health Department
Identification Number S'FQ--33v
Schematic drawing of sewage disposal system and topographic features. PAGE _?L OF
Show the lot lines of the building lot and building site, sketch of property showing any topographic features which may impact on the desiqn of
the system, all existing and/or proposed structures including sewage disposal systems and wells within 100 feet of sewage disposal system and
reserve area. The schematic drawing of the sewage disposal system shall show sewer lines, pretreatment unit, pump station, conveyance sys-
tem, and subsurface soil absorption system, reserve area, etc. When a nonpublic drinking water supply is to be located on the same lot show all
sources of pollution within 100 feet.
The information required above has been drawn on the attached copy of the sketch submitted with the application.
Attach additional sheets as necessary to illustrate the design.
FFENS NoT 40 ts}�t_ 5 �l EXjSft�(t
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Th, ace+ DE-p µ /rT � 4o mr�J •fig" Ti4 n1WI;1 ilith Dbwl%lS4a fZ S6P�+?rhl�ry c71
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L.Re sewage disposal system is to be constructed as specified by the permit A or attached plans and specifications ❑ .
This sewage disposal system construction permit is null and void if (a) conditions are changed from those shown on the application (b) condi-
tions are changed from those shown on the construction permit.
No part of any installation shall be covered or used until inspected, corrections made if necessary, and approved, by the local health department
or unTess expressly authorized by the local health dept. Any part of any installation which has been covered prior to approval shall be uncov-
ered, if necessary, upon the direction of the Department.
Date: s- `I 1 Issued by:
This Construction
. n Sanitarian
S ` ��s
Permit Vali until
Date: Reviewed by: ?d-
Supervisory Sanitarian
--------------------------------------------------------------------------------------------
If FHA or VA financing
Reviewed by Date
C.H S. 202E Revised 6i64
Supervisory Sanitarian
11-2A
ORIGINAL
Date
Regional Sanitarian
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VARIANCE #010-95 PIN: 40-A-113
LOYD A MICHAEL
COUNTY of FREDERICK
Department of Planning and Development
703/665-5651
FAX 703/678-0682
June 3, 1995
TO THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S)
The Application of. LOYD MICHAEL
APPLICATION #010-95: The applicant is requesting a 10' left side yard variance and a
33' right side yard variance for the construction of a home. The directions to this property
are as follows: Northwestern Pike (Route 50 west), turn left on Back Mountain Road
(Route 614), first lane on left past Whites's Iron Works. This property is located in the
Back Creek District and is identified with PIN 40-A-113.
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,
�C-,
Jean M. Moore
Planner I
JMM/dc
107 North Kent Street
Winchester, VA 22601
P.O. Box 601
Winchester, VA 22604
This is to certify that attached correspondence was n*d to the following on
JULY 3, 1995 from the Department of Planning and Development,
Frederick County, Virginia:
I MI CHAEL. , `L I. OYD 2A^ if. iALYC':
t��J! j c?irptt�1EM A�,,C!!`yyF:D�wsON3: A• : C H%*JRCH RD y
•C 1. IY •Y ., ' VI� w 22655--
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.BAYI.:I'Ejs , ` DONAL:D L.
l:,l 5*7 ,BACK !MOUNTAIN RD
I.W GNt W1 :FJ Y ; , VA .2260:1 —
Tr.+l..O". SER, . VANC E. L:.-_ & REBEC;C:A H
453 'BACK 1MOUNTAIN RD
I W NC:M :SY':Ek, -VA. 22602—
I
ean M. Moore, Planner I
Frederick Co. Planning Dept.
STATE OF VIRGINIA
COUNTY OF FREDERICK
a Notary Public in and for the State and
County aforesaid, do hereby certify that Jean M. Moore Planner I. for the Department of
0
Planning and Development, whose name is signed to the foregoing, dated . Mi,
has personally appeared before me and acknowledged the same in my State and County foresaid.
Given under my hand this day of .
My commission expires on ,
NOTMY PUB IC
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G.I.S. WORK ORDER xca
Department of Planning & Development
/ GIS 9 North Loudoun Street p°
f Winchester, VA_ 2'_601
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The following information needs to be supplied to request production of mapping or graphics from the
Planning Department.
DEPARTMENT -
CONTACT: '0
DESCRIPTION
OF PROJECT:
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REQUESTED COMPLETION DATE:
PHONE:
DATE
— For Planning Department Use —
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Materials & Supplies: / Z �/Z
Keep in Storage? Yes No L Public Use Fee
Total Time Spent
on Project:
Comments:
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ADDRESS: LLoc t, �Cfl P,3� A 2
PIN#: yb -A - ((3
ZONING: IRA
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PIN #: qL - iq - / 1 3
ZONING: 9,4
SUBJECT: VA62.I 6F- 72-tc4Qv -V-r-"
PHOTOGRAPHER: