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Home My WebLink About15-95 James & Nannette Kirby - Stonewall - Backfilei 4 4Ac\5 a,� up 6le. g1as � C�s C)rderc� Qa, S�aB1g5 c0ff ed mac, (nap C�s RECEIPT N2 024636 AMOUNT DUE (.>I AMOUNT PA D -- 131JNfN��C P ID BY T CASH CHECK ❑ OTHER L FREDERICK COUNTY DEPT. OF PLANNING AND DEVELOPMENT P. O. BOX 601, 9 NORTH LOUDON ST. WINCHESTER, VIRGINIA 22601 RECEIVED ADDRESS THE SUM 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 Q� C SUBJECT: Return Of Sign Deposit DATE: September 27, 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: Glen W. Russell 139 Panarama Drive Winchester VA 22603 Please contact me if you have any questions. RSA/kac 0 107 North Kent Street Winchester, VA 22601 P.O. Box 601 Winchester, VA 22604 COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/678-0682 September 28, 1995 James M. & Nannette L. Kirby 121 O'Brien Circle Winchester, Virginia 22602 RE: VARIANCE APPLICATION #015-95: JAMES & NANNETTE KIRBY: PIN 55F-1-2- 161. Dear Mr. & Mrs. Kirby: This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their meeting of September 19, 1995. The Board of Zoning Appeals approved your application for a .5' west side variance for an existing home. If you have any questions regarding the approval of this application, please feel free to call this office. Sinc rel x4V4 MAI W. Wayne Miller Zoning A ministrator WWM/dre 107 North Kent Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 BZA REVIEW DATE: 09/19/95 VARIANCE #015-95 JAMES M. & NANNETTE L. KIRBY LOCATION: This property is looted at 121 O'Briens Circle. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 5517-1-2-161 PROPERTY ZONING & USE: Zoned RP (Residential Performance); Land Use - residential ADJOINING PROPERTY ZONING & USE: Zoning -RP (Residential Performance); Land Use - residential VARIANCE: Requesting a .5' west side variance for an existing house. REASON FOR VARIANCE: Existing house was on lot when purchased. STAFF COMMENTS: This house is several years old and obviously was built in violation of required setbacks. It does not appear that allowing this variance will have any significant impact on any other property. STAFF RECOMMENDATION: Approval as requested. SO ®HN --f ,� , �► ♦ o� ®gym .� ®. :. � MOT .t VARIANCE.0 James - - Kirby 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 X other . (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: James M. & Nannette L. Kirby NAME: ADDRESS 121 O'Brien's Circle ADDRESS: NE Winchester, Virginia TELEPHONE: ( 540) 722-3170 TELEPHONE: 3The property is located at (give exact directions and include State Route numbers): From Winchester, take Route 7 turning right into Shenandoah Hills. This _puts you on Blossom Drive; take first left onto Cardinal Drive; then right onto 41i+els-r1a�.-and continue straight to O'Brien's Circle 4. The property has a road frontage of 70 feet and a depth of 120 feet and consists of .184 acres. (please be exact) 5. The property is owned by James M. and Nannette L. Kirby as evidenced by deed from Ramona L. Himmelright recorded (previous owner) in deed book no. 833 on page 1644 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: Stonewall 7. 14-Digit Property Identification No.: 55F-1-2-161 8. The existing zoning of the property is: RP 9.1 The existing use of the property is: Residential 10. Adjoining Property: USE ZONING North Residential RP East Residential South Residential West Residential RP RP RP 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.") .54 west side variance for existing house r 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 Existing house was on lot when purchased 13. Additional comments, if any 0 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 123 O'Brien's Circle, Winchester Kyong S. Coyne Property ID# 55F-1-3-160 Clint & Lara Davis Property ID Address Charlotte B. Estep Property ID Address Timothy & Peggy Plaugher property ID Address Jeremy Rogers and ..-Property ID Robyn Jurney Address Lisa G. Myers Property ID Address Property I Address Property I -Property ID es Property ID Address Property ID 119 O'Brien's Circle, Winchester 55F_1_q_1h9 P.O. Box 1244, Berryville, 55F-1-3-145 122 U'Brien's Uircle, Winchester 55F-1-3-146 107 Pioneer's Road, Winchester 55F-1-3-172 105 Pioneer's Road, Winchester 55F-1-3-173 ,• huge 4 of 5 � • 15. Provide a sketch of t Show proposed and/or including measurement nearest structure(s) o any other exhibits, application. he property (you may use this page). existing structures on the property, s to all property lines and to the n adjoining properties. Please include drawings or photographs with this Adjoininq Prooerty YOUR PROPERTY A oinin Property o v IA � u 'Addi, tion $ a -177 ---------- I Plooerty Line ----------------------=Center of Road — — — ---- Road SHOW THESE MEASUREMENTS 7677 EB Y/Iml a833?G1GLI4 THIS DEED, made and dated this 0/ day of January, 1995, by and between RAMONA L. 1IIMAIELRIGIIT (formerly Ramona L. Hedrick), a married woman, hereinafter called the Grantor, and JAMES M. KIRBY and NANNETTE L. KIRBY, his wife, hereinafter called the Grantees, and CART. WAY NE 11IMMELRIGHT, party of the third part. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantor does grant and convey, with General Warranty and with English Covenants of Title, unto the Grantees, as tenants by the entirety in fee simple, with survivorship as at common law, together with all rights, rights of way, privileges, improvements thereon and appurtenances thereto belonging, all of the following realty: All of that certain lot or parcel of land located in Stonewall Magisterial District, Frederick County, Virginia, designated as Lot 161 on a plat of Shenandoah l-lills Subdivision, Section 3, dated July 10, 1987, revised August 19, 1987, which plat along with the Deed of Dedication and Restriction is recorded in the Clerk's Office ofthe Circuit Court of Frederick County, Virginia, in Deed Book 670, at Page 122; and further described by plat and survey of Charles E. Walls, Jr., L.S., dated January 16, 1995, attached hereto and by this reference made a part hereof as if set out in full. This is the same property conveyed to the Grantor herein by deed dated January 13, 1992 of record in the aforesaid Clerk's 0117ice in Deed Book 770, at Page 1868. Reference is here made to the aforesaid instruments and the references contained therein for a further and more particular description of the property conveyed herein. The party of the third part joins in the execution of this instrument to release any right, title, claim and interest that the party of the third part may have in the property conveyed herein. This conveyance is made subject to all legally enforceable restrictive covenants and easzuie,,ts cfrecurd ai temig the a,orcbilid realty. The Grantor does hereby covenant that she has the right to convey to the Grantees; that the Grantees shall have quiet and peaceable possession of the s r erty, fr l in all 9 liens and encumbrances; and she will grant such further assuranc f titer e ite 1 0 40 BK833K)1645 WITNESS the following signatures and seals: Yl�, vY1c2l��``t- (SEAL) 1"(ONA L. IIIMMELRIGHT &q Lp SEAL) CARL WA NE -11[VIMELI GRIT STATE Or VIRGINIA Git*f£ount To -wit: I / (A J, a Notary Public in and for the State and jurisdiction aforesai(, do hereby certify that RAMONA L. HIMMCLRIGHT and CARL AYNE I-IIMMELRIGI-IT, her husband, whose names are signed to the foregoing Deed, dated this,�3/ day of January, 1995, have personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this, day of January, 1995. My commission expires Notary Public W _j .� t 2 •0 • 0 REBAR SET S 08 50 50 " E =x�=X— x—x_x_x--x J2.78' "10RN LOT 161 RECgpD I 8,028 SQ. FT. 354 .- TO HI7E S ROAD l FOUND / / / / / HOUSE LOCA 77ON SURVEY ON LOT 161 SECTION THREE SHENANDOAH f TILLS DEED BOOK 670 PAGE 08 STONEWALL D/SIR/CT FREDER/CK COUNTY, PIRG/NIA DK833PG16146 REBAR FOUND 3' bl) 25' BRL 0 9RIEN'S CIRCLE 50' R- 0- W IH/S /.S TO CER77fY THAT CW ✓ANUARY 6, 1995 / MADE AN ACCURA7E SURtEY OF 7HE PREMISES SHOWN HERECIN, AND THAT 77/ERE ARE NO EASE— MEN7S OR ENCROACHMENTS NS/BLE CW 71YE GROUND OTHER THAN THOSE SHOWN HERECW. NO7ES- 1. TAX ASSESSMENT MAP Na 2. CURRENT INSTRUMENT /N CHAIN CIF 7771E IS DEED BOOK 777 PAGE 1868 ITlilS PLAT HAS BEEN PREPARED WITHOUT IHE BENEFIT OF A TITLE REPORT I DATE.• ✓ANUARY 6 1995 SCALE.- 1 `--20' I AND DOES NOT NECESSARILY INDICATE ALL ENCUM13RANCES ON THE PROPERTY - OWNER: HEDRICK FLOOD NO7E — ZONE - C COMMUNITY NO & ASSOCIATES PURCHASER: KIRBY W.O. / 95002 51006J PANEL: 0120 B DATE- 07-17-78 VIRGINIA: FREDERICK COUN IY, SCT. ARCHITECT This instrument of w 'ng was produced tto, me on the ENGINEER.` — -�� _day of _«i 19(11a at I _-) PLANNERS and will, ccrlilicate of uiuwledgment thereto annexed SURVEYOF was admitted to rotor . Tax imposed by Sec. 56-54.1 of 3 C C`� and 58.54 have boon paid, it assessable. 3078 SHAWNEE DRIVE P.O. BOX 2033 F W(703)667-1103 INCHESTER, VIRGINIA 22601 C aERK ��,,��0000000♦t e`LTH OF j U Ch� a Jr. No. 00194 i ,ND SURV%.1�4 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 contained herein are, to the best of my knowledge, SIGNATURE OF.APPLICANT SIGNATURE OF OWNER (if other than applic DATE DATE and information true. -OFFICE USE ONLY- BZA PUBLIC HEARING OF. ,� ACTION: DATE - APPROVAL DENIAL SIGNED: BZA C;+IRMAN DATE: COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/678-0682 September 5, 1995 TO THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) The Application of. JAMES &c NANNETTE KIRBY APPLICATION #015-95: The applicant is requesting a .5' west side variance for an existing house. This property is located at 121 O'Briens Circle and is identified with PIN 55F-1-2- 161 in the Stonewall District. This variance application. will be considered by the Frederick County Board of Zoning Appeals at their meeting of September 19, 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, W. Wayne Miller Zoning Administrator WWM/dc 107 North Kent Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 This is to certify tli&. the attached correspondence wjp'nailed to the following on SEPTEMBER 5, 1995frodWhe Department of Planning and elopment, Frederick County, Virginia: ICU'413y, J()Mr.-*,:13 M 6. NANNI" .1.21. O'k. C.EN ('31RCLE. W*.I:N(:,'I--IL-:(1.1*1*1'-.I:t, VA KYONG S. (:)-r4rntr-:J4.s CXRCI E. W1N0IAr-:,'3TI"*.R, VA - 22602 wwx' C"I'..xN'T' X). & I (m.w.) I. -I. 1.15} 011RRXENS C"TFkC,LX:' V6 rl F'OX -1.2 44 VA. 2 CGY i (311'iRll: N,(: 01RCI E VA. 212602.... ..:REMY & F, 3: C)N1"*:I,-.:R 1:1 RX> WINCI.-ILH:8111-14i VA 2 12 6 12 mwU-m, I xsn- I; F-XONEEI,''-18 ROAX> VA W. Wayne Millef, Zoning Administrator Frederick Courity Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK Is DENT(' R_ CA7HER , a Notary Public in and for the state and county aforesaid, do hereby certify that W. Wayne Miller, Zoning Administrator for the Department of Planning and Development, whose name is signed to the foregoing, dated SEPTEMBER 5, 1995 has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this 5 day of SEPTEMBER 1995 - My commission expires on DULY 31.'..1999 10- NOTARY PUBLIC 0 G.I.S. WORK ORDER x Department of Planning & Development GIS 9 North Loudoun Street a' Winchester, VA =601 703-665-5651 " The following information needs to be supplied to request production of mapping or graphics from the Planning Department. DATE A� DEPARTMENT• CONTACT: �jILLg DESCRIPTION OF PROJECT: PHONE: Ili rby REQUESTED D COMPLETION DATE: C� l Q — For Planning Department Use — - Materials & Supplies: ' (5 /� X �� C& e-o ff— Keep in Storage? Total Time Spent on Project: Comments: Yes No !/ Public Use Fee =�_9 --9 s' i