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HomeMy WebLinkAbout12-95 David Ritchie - Opequon - BackfileQecaiocd Se V Up Nd-ead LOC. "p Odefod Qtlj . (;O\)C PI)t b-iCK i35c3,R '11►,71us RECEIPT 024591 AUNT DUE 1 1 "$' � � L_ s BALANCE DUE s PAID BY 4 CASH ,CHECK F-1 OTHER 10 FREDERICK COUNTY DEPT. OF PLANNING AND DEVELOPMENT P.O. BOX 601, 9 NORTH LOUDON ST. WINCHESTER, VIRGINIA 22601 - I D ATE RECEIVED FROM c ADDRESS THE SUM OF CODOLLARS $ FOR C) C) C-cod- l\ By DAY -TIMERS RE -ORDER No 3221 — Printed In USA . 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 O SUBJECT: Return Of Sign Deposit DATE: August 30, 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. David Ritchie 1045 Double Church Road Stephens City 22655 Please contact me if you have any questions. RSA/kac 107 North Kent Street Winchester, VA 22601 P.O. Box 601 Winchester, VA 22604 �N�tF1E�� SugV\J- i COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/ 678-0682 August 16, 1995 David L. & Joan M. Ritchie 1045 Double Church Road Stephens City, Virginia 22655 RE: VARIANCE APPLICATION #012-95: DAVID L. RITCHIE: PIN 86-A-51 Dear Mr. Ritchie: This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their meeting of August 15, 1995. The Board of Zoning Appeals approved your application for a 20' side yard variance and altered the request for a 10' rear yard variance to an 8' rear yard variance for the construction of a detached garage. If you have any questions regarding the approval of this application, please feel free to call this office. Sincerely, 4,0� W. Wayne riller Zoning Administrator WWM/dre 107 North Kent Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 K] BZA REVIEW DATE: 08/15/95 VARIANCE #012-95 DAVID RITCHIE LOCATION: This property is located one mile southeast of Fairfax Pike (Route 277) on Double Church Road (Route 641). MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 86-A-51 PROPERTY ZONING & USE: Zoned RA (Rural Area); Land Use - residential ADJOINING PROPERTY ZONING & USE: Zoning -RA (Rural Area); Land Use - residential VARIANCE: Requesting a 10' rear yard and a 20' side yard variance. REASON FOR VARIANCE: The applicant states that complying with the existing zoning law would prevent him from locating anywhere on the property. STAFF COMMENTS: The applicant's residence faces Double Church Road (Route 641). There is a 30' right-of-way bordering the right yard that ensures access to the property situated behind the applicant's property. The setback requirements from any right-of-way in a Rural Area Zoning District is 60'. This includes primary and accessory structures. Accessory structures that are not located near right-of-ways can be located 15' from the side and rear property lines. The applicant wishes to reduce the 15' rear setback to 5'. The 60' side setback does prohibit the applicant from constructing a detached garage, however the applicant could meet the 15' rear yard setback without any problems. STAFF RECOMMENDATIONS: Staff recommends approval for the 20' side yard variance. Staff recommends denial of the 10' rear yard variance. � 19A 20B 75 Q 117A. 4 5 .m � 6 `qt O O ° 74 117 O O 73 79 220-294 • r rr 5 \O ° °• / r • / 72 r ~r 60 n ay�one i 14 72B ;Z) h0 ~ i B 70 `a�P ��/ ° 72B �o° 4 `O� c21 00 $~' `O 22 71 A co �P ` 21 i 71 MCP i ,yQ P ao G 21 A 3 E 57 -S hh� y as M e 5, ay Friendship .9 Church 46 25 26 27 �8Je 45 Fairview Churc oO 29 cif Ch°o booa I 30 �� 32 I 31 /4 4 A VARIANCE 012-95 PIN: 88-A-51 David Ritchie page 1 of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA variance Appi Submittal Dat Sign Deposit -OFFICE Uft ONLY - on No. Submittal Deadline For the meeting of initials: Sign Return Date: MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner X other (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: David L & Joan M. Ritchie NAME: ADDRESS 1045 Double Church Road ADDRESS: Stephens City, VA 22655 TELEPHONE: 540-869-4688 TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): One mile southeast of Route 277 on State Route 641 (Double Church Road) House on left in Frederick County, Virginia 4. The property has a road frontage of 158.43 feet and a depth of 143.90 feet and consists of .46 acres. (please be exact) 5. The property is owned by David L. & Joan M. Ritchie as evidenced by deed from -Jerry A. & Esther Madigan recorded (previous owner) in deed book no. 484 on page 552-3-4 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: Opeguon Magisterial District 7. 14-Digit Property Identification No.: 86000-A-0000-0051 8. The existing zoning of the property is: I R-A 9. The existing use of the property is: Residentia 10. Adjoining Property: USE ZONING North Residential R-A East Residential R-A South Agricultural R-A West Residential R-A 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.") 2� A 10 foot rear yard variance and a NQ foot side yard variance. 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 Compliance with existing zoning law would prevent me from locating anywhere on the property 13. Additional comments, if any The requested variance iafwlld allow me to jc)EeaQ-��the most likely location. • i 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 FT Side Side 2655 1 655 655 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 PropertyYOUR PROPERTY Adjoining Propert a v I� `t T y r tAddi-� o ,Property,%perty Line ----------------------=Center of Rood RoadG.SHOW THESE MEASUREMENTS 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 kn §aledge, true. SIGNATURE OF APPLICANT ! ISATE SIGNATURE OF OWNER DATE (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF ACTION: - DATE - APPROVAL DENIAL SIGNED: BZA CHAIRMAN DATE: 55? #4269 • JERRY A. MAD.IGAN, ET UX • ; TO: :: :: DEED DAVID LEE RITCHIE, ET UX 5,52 j tH.IS DEED, made this llth day of November, 1977, .:between Jerry A.. Madigan and; Esther ,R: Madigan., his wife, of the one part, hereinafter called"the Grantors, and David Tsee Ritchie and Joan M'. Ritchie,.his*wife, of the other part, hereinafter i called the Grantees. WITNESSETH: The for and in consideration of the sum of Ten„Dollars ($10.00), cash in hand paid and other valuable con- sideration, receipt whereof is hereby acknowledged, the Grantors do grant and convey, with General Warranty and with English' Covenar}ts of Title, unto the Grantees, as tenants by the entirety,l i in fee simple, with survivorship as at common law, together with !. all rights, rights of way, privileges and appurtenances thereto belonging, all that certain lot of land with the improvements thereon and the appurtenances thereunto belonging lying and being situate in Opequon Magisterial District, Frederick County, Virginia, fronting on the Eastern boundary''of Route 641, contain- acres and being described by plat and survey dated ing.0.46 , ,. November l7, 1977, by Thomas A. Shockey, C.L.S., attached hereto; together with an easement for sewer line, septic system, and f drainfield as set forth in Deed of Easement dated May 9, 1972, :and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 461 at Page 239. This is the same property that'was conveyed to.Jerry Madigan by deed dated August 16, 1976, from Thomas E. Hall, et ux, on record.in the aforesaid Clerk's office in Deed Book 463 at Page 233. This conveyance is:made subject to all legally enforceable i restrictive covenants and easements of record affecting the aforesaid realty, and particularly that certain thirty (30) foot' right of way across the Southeastern portion of the land herein i 10 55.3 conveyed, as set forth on the aforesaid plat dated June 22, 1970, drawn by Lee A..Ebert, C.L.S. of record as aforesaid. . H WITNESS the following signatures and seals: ZtAi 'C (SEAL) JF�Y A\JMADIGAN (I rL (4 ram ► , (SEAL) ESTHER R. MADIG STATE OF VIRGINIA, l� l COUNTY OF FREDERICK, to -wits i! I, �1Ci �( �f�. �•ll ((�; t ,�(i' �� • a Notary Public of and for I' the State and County aforesaid, do certify that Jerry A. Madigan, j� whose name is signed to the foregoing writing, bearing date on fl the llth day of November, 1977, has acknowledged the same before me in my State and County aforesaid. !� Given under my hand this _LLt day of kl( /4 0 1977. IIII My Commission expires ", 11ke ;,Ilkel i % ' • i! I' � NOTARY PUBLIC II II STATE OF VIRGINIA, COUNTY OF FREDERICK, to -wit: , (� ( <. /hrrc �< < �,�n ,� a Notary Public of and for I I I, G� c t"t... � Y l 1 the State and County aforesaid, do certify that Esther R. Madigan, whose name is signed to the foregoing writing, bearing date on the llth day of November, 1977, has adknowledged the same before me in my State and County aforesaid. �! Given under my hand this day of _(c_c ,,.(, l , 1977. My Commission expires � r4 ;„� •c�,l7_ (� 7a • I� all ►' ��; El-f�. II NOTAR PUBLIC - 2 - V C3 IrIz lt.4410 -0. jAP BX38 0, 554 0 42 S 4? 03 OF's W 8,5.01 STORY SIDING SIDIORGY N ARMINTA M- ALGER 10 rn 110'� eta V 0 .46 0 QC. -0 IAi to e.. z P z Pr ­_�Icze / 0 of 3 3 -V �C)3,z �4, I THA; ON NOV.'17, 1;'7?; S 00-�c -Ole I%Ikf A&-AJCUI kAl N OWN Nrk 13VAT.HERE ARE NO OIRO R C�C *M.E,'T3 V IS IB LE ONni� 104�_4 4 THAN THOSt, qH(OHEEREM b 44�f tV40t ?.r p a y JeIoAoCoz�eyecf'jp#j• y A Madigan, ove-PIt. is a , , 1� ID ?� X said Ij�j &rox�" the do of 1 6, in bA folk WLft -o Pq6ge 2 rF edepir, t Virginia. Route 641 andtaqN, --Open Distr.1 0%9-* r VIG %� Suba%visj;q! artlj Aq -Property Line of Beginning #n , iign pin- corzfew -3a Whit I eld ce S 230 441 kut & Route 6411 Thence wiih"F' e A-2 00- 32 E0'1&.43Madigaan`t'r`Lhpil �#,o. a Rointj f ay corne;�t'a4j�rton,A. with Madi d 00" E - 15.30' to an 116pmr pingW I 161 dbII E 143.90" aNITor pie corner to Arm the Southern side of a 30? 0 jroniUiif'the line of the K. Aleeri Thence with Alger N 42 30 30 W')- 189.184 tjo it s 41 0 t th point of beginning. Whitfield Subdivision; Thence with 039 02-,W :�8131#4 & ,, '. Containing - 0.46 Acres T! lis il)?' rl'.n.c. t r -,vas produced to me on the I " * - - 19 --d W"11 C--t", a,:k.iowl :dgment thereto anna -,ad was 1.0-,;,d to Li:. A-ax�): sad by S_-c- 63-j4-1 of ( L.,c and 5.-'-54 have been paid, if wsQ_zsabl©. Clerk �$p.LTH C Timms k SH CKEY. I", `��4-4ND SUftllc 0 • August 1, 1995 COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/678-0682 TO THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) The Application of: DAVID RITCHIE APPLICATION #012-95: The applicant is requesting'a 10' rear yard variance and a 20' side yard variance for the construction of a detached garage. This property is located one mile southeast of Fairfax Pike (Route 277) on Double Church Road (Route 641). The property is identified with PIN 86-A-51 in the Opequon District. This variance application. will be considered by the Frederick County Board of Zoning Appeals at their meeting of August 15, 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, Jean M. Moore Planner I JMM/dc 107 North Kent Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 This is to certify that * attached correspondence was mled to the following on AUGUST 1, 1995 from the Department of Planning and Development, Frederick County, Virginia: _ — -a� 1045 �At�l;l�sL. :�IIIJF~cGH :F�(�iAD I � 22655- Nxi.AN , M i�t'�fi id A w ,�, VAS LZY tJ.w s ;S�CUI1�►I.:�..,'CH4RCH 9 6ey �,04 7 :X>C1.1 ll.c HII�1M :�tC1AY7 , I , r x. :�lAiivBARA _ L-%--w' -ON E 'BOX N VAw _ -- A , VA STATE OF VIRGINIA COUNTY OF FREDERICK I, Jean M. Moore, Planner I Frederick Co. Planning Dept. , 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 day of My commission expires on NOTARY PUBLIC go^< 84 F �554 O /4 Foy F� N aQ• 30r S 4r o3' 02 wr STORY 1� N SIDING ` V ARMINTA M. ALGER M �r W 0 0 �I Z I ep, ,^^ 1` I I l_ pT . 1 z W ' OV e 22 uRA,T94 SuRv�, j tm F 23� RE . ' i REMISES_ ". Rev /Se poi r,; �xrt' MERE ARE NO ' SEt 1T9' `�+ �� ,'� , 3 /s. 0,00" f � R r TS VISIBLE Ctl T'}i�?ARO�TI �ii 1 �,� 4 ;"� THAN THOSL' R } > HOYt HERECk. 1. '�► °" �= *IN*A bov t�1s a uziiq �,bf �� .A# 1 6 eY tl� lot o., pey ocorveyed` o�Je • In i Y A. Mad Route 64 ►e�k e 2}�. Ttie� said �' r d Madigan, 1 andNlb • A is the EastC side � Op_e�uofi Distri� + � of Be inn in + ��FrederiYk^ t r Vir nay • g g 'Lei5gn .Pin corn'br o Whit Sold Su is Route 641, Thence wifh'F.iute .�¢b� in -property Line of 00� E ' 15.30' to an o>R i ,� i_ 00.,�2 .43 * a °int nce S 230 44, +i ` P ,n foun�y corner*t' the Southern side of a 3ko rton �. Madigant�T���a with Math 0 R W" 1. d r 16 a'b � ,. g4 M. Aleert Thence with Al '' F' - 143.90' t tror pi cornor to Arm ntai Alger N 42° 30r 3p�'W'- 18 1 r Whitfield Subdivisions Thenc o 9. _bO ,4ron IN ilfthe line of the 1, e with it S 41 03' 02" )W -M8 •t 3 l 4A the point of beginning. - Containinv - 0.44 &,,,_.,_ 90 Ca N 420 3 s 4r83 fo STORY . `SIDING ` ARMINTA M. ALGER W — 189.18 e0 I w i 0 A "\il .46' A - ° Y E M Z O H .�� � T'HA •LU ON NOVNCN ' PT, B O � �p`1 �yY .. 2 i I OwN , '!'WSURV`'i to To . REMISES &OIJ7.2 l�`�Se43' 23� 4''` ,ppkf THERE ARE NO '�SEMENT;. �;+�. 1� 45 - off E RrTt'S v ZS ISLE C8d THAN TH0.SF H HERE;14 • �aw��: �. �1y ' -� • �. "'��ybove»r - �*j 'A %, -% 'A. 0 P4t� is a e� ey dD`f tl�yb ,jot o e o r •... �, "SitA 1 6' .� ha k 1 e, 2' �`� t'cotveyed� Madigan Route 641 andibs• 4 •�««��� Then saidIt�lro is the Eastrn side Ope�uoh Distridt + v °f I�Frederi�k� q t 1.Virginia. . Beginnin ' a fi,, Route 6411 fence c i''n .pin corm p Whitfield Su iialb Q in•.� a -Property Line th 'Flute 61 00 32R� �i y °r " • 58.43 too. a oin4 ° � E - 1$.30' to an �. oyr in foun� .A.� {� k � nce S 23 44' '* • oorner t` rton A„ Madigan•t,41*° with Madi the Southern side or a 30 R W aid 6y 16' db" E 143.90�1 tq or pi� corner to Arm nta M. Algert Thence with Alger N 42 30' 3p W - 18 i Whitfield Subdivision 9' .� � iron � l iil the line of the 6 t Thence with it S 41° 03' 02" 1 ._,rg1.-' A tAe point of beginnin 4 a„ g. ` Containing - 0.46 Acres 0 b M 0 7, 0 G.I.S. WORK ORDER X. Department of Planning & Development 'GIS 9 North Loudoun Street ¢' Winchester, VA 22601 't—J 703-665-5651 " The following information needs to be supplied to request production of mapping or graphics from the Planning Department. DATE., DEPARTMENT- F ICA'l 1�� � r 0 �-� CONTACT: -q- n 7 C� DESCRIPTION OF PROJECT: EME �a PHONE: REQUESTED COMPLETION DATE: — For Planning Department Use -- r Materials & Supplies. (� _1 C,i t i. , j> L j' Keep in Storage? Yes No ✓ Public Use Fee Total Time Spent on Project: Comments: 31- 0 0 0 4w ON 4w �w R/W4� 4m wHITF/��D AVE. ie�� SUP*'. WNItF���� 0.4 N as , 1 O w c� n .00 w - o a - Goo N ° 161 Odo E — GOOD loom- I A. 143.90t ; MADIGAN o 'L 7 0 MERTON r Z l� 7 0 S4j0310211 o o ,r g3.at tv tad ' ,v " 0 f- MINTA M- AR ALGER Yo / � _ 189.18'' 3p 30 ONO ... . �sl S t �O l� lL O� *` SST Y t h r' k1 - 0 GQ1 NO i SIDING` Z � � /p 7�c% PT 8E 22 0 THIS IS TO CER=Y THAT ON NOV. 17, 197�pi I MADE AN ACCURATE SURVEY 071-11 THE PREMISES SHOWN HEREON AND THAT THERE ARE NO EASEMENTS OR ENCROACHMENTS VISIBLE ON THE GROUND OTHER THAN THOSE SHOWN HEREON, go "** T 0.4 6 AC. • � A +-P, 00� 3�it I fie Rw r __8 64l 3 0 P) 30 1. �n5 � 00 0 IT 0 Q 01 Q o Z tt 0 Z LU 2 The above plat is a survey of the lot or parcel of lend conveyed to Jerry A. Madigan, August 16, 1976, in Deed Book 463 - Page 233. The said I,c)t fronts the Eastern side of Route 641 and lies in Opequon District, Frederick County, Virginia. T r+: r r i .. J- .. r 2 ... n �..i r .... �..,., r, .... /1 V ►'1 j- P'1 r7 1 i vi rnn ark in ♦ha P-r'r1T1PTfv T,inP of