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HomeMy WebLinkAbout22-95 James Sirbaugh - Back Creek - Backfileor ie1Z5l 1s P�cetuA lAo . up IDS zA(1 Cad j . iol 94) q!5 i v12l� c�s PU� 60 s GJ sly �cY �'LMMt,4& RECEIPT FREDERICK COUNTY DEPT. OF PLANNING AND DEVELOPMENT P.-Oi--GENE-•64i;-3-fd9�i�M-�OiIDON..SI.- , { ;1 �; , Nf! 024725 WINCHESTER, VIRGINIA 22601 AMOUNT DUE 1 V v DATE ku AMOUNT PAID RECEIVED FROM r` J BALANCE DUE ADDRESS _v 0 U- THE SUM O C_..'�LAR PAID BY r ❑ CASH FOR L-�/` 1�XXJ� ?�� -5c) 1ob El CHECK OTHER (v%♦ � �1'�__--_ ._.. __, _ \ /' / DAY -TIMERS REORDER No. 3221 — Primed in USA COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 678-0682 MEMORANDUM TT;, Finance Department FROM: Karen A. Clark, Receptionist/Clerk II SUBJECT: Return Of Sign Deposit DATE: December 5, 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. James C. Sirbaugh 280 Perry Road Winchester VA 22602 Please contact me if you have any questions. RSA/kac 107 North Kent Street • Winchester, Virginia 22601-5000 �`.,ua,�: an..., ".......,.. y•aa.a.-,e m,r. n;x.+.u✓;y..' ,..cs.. , .... ... -r ., .,� COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 November 30, 1995 Mr. James Sirbaugh 280 Perry Road Winchester, Virginia 22602 RE: VARIANCE APPLICATION #022-95: JAMES SIRBAUGH• PIN 61-2-12A Dear Mr. Sirbaugh: This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their meeting of November 21, 1995. The Board of Zoning Appeals approved your application for a 2' side yard variance for your existing residence. If you have. any questions regarding the approval of this application, please feel free to call this office. W. N*yne Miller Zoning Administrator WWM/dre 107 North Kent Street - Winchester, Virginia 22601-5000 BZA REVIEW DATE: 11/21/95 VARIANCE H022-95 JAMES SIRBAUGH LOCATION: This property is located at 280 Perry Road, Winchester, Virginia. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 61-2-12A PROPERTY ZONING & USE: Zoned RA (Rural Areas); Land Use - residential ADJOINING PROPERTY ZONING & USE: Zoning RA (Rural Areas); Land Use - residential VARIANCE: Requesting a 2' variance to come into compliance with ordinance regulations. REASON FOR VARIANCE: The applicant needs the 2 foot variance to come into compliance with the Zoning Ordinance. STAFF COMMENTS: The minimum side yard setback requirement for primary structures in the RA district is 100 feet from adjoining properties whose primary use is agricultural. The existing residential structure was believed to be constructed in accordance with the ordinance requirements. Recently, the Sirbaugh property was resurveyed leading to the discovery of the 2 foot error. The side yard setback on the side of the Snapp property is 98 feet. Staff believes that the Sirbaugh 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. STAFF RECOMMENDATION:. Approval. 4 • 0 page 1 of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA Submittal Deadline For the meeting of Deposit MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner other . (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: I ' 1�, l NAME ADDRESS ADDRESS: TELEPHONE: S"- (00- �} Iy TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): 4. The property has a road frontage of 39-k' feet and a depth of 9 feet and consists of 7,WQ acres. (please be exact) 5. The property is owned by 6, V I 4- as evidenced by deed fromoq (previous owner) in deed book no. on page Q{se books of the Clerk of the Court for Frederick Co a copy of the deed. • 6 page 2 of 5 f6. Magisterial District: 14-Digit Property Identification No.: 8. The existing zoning of the property i 9. The existing use of the property is: Rys�jp q7C 10. Adjoining Property: USE ZONING North r� �U R CA East ` South J, West 11. Describe the variance sought in terms of distance and type. (For example: "A 3.5-1 rear yard variance for an attached two car garage.") nn 1 �i�E11 a l)��►��ciZoc� 1A2� �� Jv�uC 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 .. _ t =�ME Additional comments, if any ea'Dra-'m - - (1) ra(T v�- ' V ho c g-e- o u 0 Page 3 of 5 c1; ✓14. The following names and addresses are all of the ind firms, or corporations owning property adjacent to the which the variance is being sought, including properti sides, rear and in front of (across street from) t propertyh€ . (Use additional pages if necessary.) These pe be notified by mail of this application: (Please list com digit property identification number) NAME `-7 - Property IDh t Address a Property IDO C. �c�Os Address Property IDO ` Address Property IDh i� v Address ` Property IDS y (Dd � ) � � `�' Address Property IDS W Property ID Iry t Address Property ID -Address- Property ID Address Property ID Property ID �0-- 0 d ,ems ezi (A -QC .W JaGO) t )(3- '3 .-Ocon - o0 10 )0-- - ©ooO -(Q046 0— REBAR (FOUND) • H. U. D. FLOOD ZONE C; AREA OF MINIMAL FLOODING. F. I. PRICHARD D. B. 113 - P. 480 i S 29. 38' 24" E - 458.85' I1 U) W cl Z a� J _ Q m Q � N UJ CD F- m U 0 CJ � n O N 1_ r a ti M ti it Q 10 0' B. R. L. L 0 T 12A 7.450 ACRES I - STORY o BRICK 8 SIDING m HOUSE / NO. 280 / POWER I,� UNDERGROU �I/ cam/ i 60 B, R. L. POLEo WELL I POLE _ N 22. 45' 03" W _ ' 358,60' PERRY ROAD 40' WIDE THIS IS TO CERTIFY THAT ON AUGUST 8, 1995, 1 MADE AN ACCURATE SURVEY OF THE PREMISES SHOWN HEREON AND THAT THERE ARE NO EASEMENTS OR ENCROACH- MENTS VISIBLE ON THE GROUND OTHER THAN THOSE SHOWN HEREON. TITLE REPORT NOT FURNISHED. THIS SURVEY 15 SUBJECT TO ANY FACTS THAT I' PT. BEG. c r + Ft' A f_01R I • 0 The accompanying Plat represents a Survey of the Lan NL, �,�'�'A N CD o (Revised) - conveyed to Linda May Sirbaugh by Deed dated Mugu in r � Deed Book 824 Page 1493. The said Improved Land, designat 28 t El2 fronts the Eastern Boundary Lines of Perry Road, and lies in Back Creek District, Frederick County, Virginia: Beginning at a rebar (found) in the Eastern Boundary Line of Perry Road, a corner to the Snapp Land, running with the Three Following Eastern Boundary Lines, N 22' 45' 03" W - 358.60 ft.; thence with the Arc Line 74.37 ft. (Chord N 19' 45' 22" W - 74.33 ft. - R. 711.420 ft.); thence N 160 45' 42" W - 27.47 ft. to a rebar (found), a corner to the Landes Land - Lot 1 1 A (Revised); thence with the Southern Line of the said Land, N 620 59' 11 " E - 674.18 ft. to a rebar (found) in the Western Line of the Prichard Land; thence with the said Line, S 29' 38' 24" E - 458.85 ft. to a post corner to the said Snapp Land; thence with the Northern Line of the said Land, S 62' 59' 11 " W - 736.14 f't. to the beginning. Containing: 7.450 Acres Surveyed: 8 August 1995 <�A�Tb �1 t: LEI A. EB.t=RT s LERI lfa;Alk da. 46-4 d4 ® Off' Page 5 of 5 AGREEMENT VARIANCE # I (we), the undersigned, do hereby respectfiAdt)�,"-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 SIGNATURE OF OWNER DATE (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF'__a 121 _ ACTION: DATE - APPROVAL f DENIAL SIGNED:_ LL��JJ B DATE: ll'4p 8K,824PG 1496 �� $ I 4 , vit6sa °P� d a tsJK �sr eN `QI� \ 63p0 9 2 � p' N49'%-RD9y ^ \ w tAetc: �4 LOT 11A in N 94 e6 ~ (REV/SED) a P �"Q+•e;,o." 7.450 ACRES ALM ao aRt _ 62 f(21J Il_ a I O W 5 'Ir W - 674J8' G - 27.47' 3 ' CHORD acc N19.4922"W 0 ,., ARC 74.3r a. d' $ R 71MO' P. L A 1 62 ((2))/2I 3 LOT 12A g (REVISED) I 7.450 ACRES t m woum O— Im m um n- w - 736J4' CARLTON K A VNQNA E 3NAM O.R. 430 Zomm M W A&VAUUM -7 A4&vwQT ' 'Tr vV 1 Q dw W z R o U�� wil ►W N f BK.824PG 1497 The accompanying Plat represents a Boundary Line Adjustment Survey of the remaining portion of the Land conveyed to Carlton R. Snapp and Q Virginia E. Snapp by Deed dated 25 August 1980 in Deed Book 543, Page 665 and by Dad dated 25 May 1976 in Deed Book 686, Page 619 (see. Iso Vl,� N O U,w: Deed Book 552, Page 845), and the Land conveyed to Christine Maria c ly Landes by Deed dated 6 June 1991 in Deed Book 760, Page 1859. The said Land fronts the Northeastern Boundary Line of Perry Road, Va. Route 619, and lies in Back Creek District, Frederick County, Virginia: Beginning at an iron pin (found) in the Northeastern Line of Perry Road, a corner to the Snapp Land (Deed Book 430, Page 548); thence with the six following said Lines, N 22° 45' 03" W - 358.60 ft.; thence with the Arc Line 74.37 ft. (Chord N 19° 45' 22" W - 74.33 ft., Radius 711.420 ft.); thence N 16.45' 42" W - 248.92 ft.; thence with the Arc Line 94.81 ft. (Chord N 190 13' 12" W - 94.78 ft., Radius 1,104.830 ft.); thence N 21 ° 40' 42" W ` • 29.58 ft.; thence with the Arc Line 79.67 ft. (Chord N 49° 04' 29" W - 76.67 ft., Radius 83.309 ft.) to an iron pin (found), a corner to the Sigado Land; thence with the Northeastern Line of the said Land, the Southwestern Line of Dutch Apple Drive, a 60 ft. Right of Way, N 20" 20' 21 " W-189.32 ft. to an iron pin (found), a corner to the Rust Land; thence with the ` Southeastern Line of the said Land, N 78° 47' 13" E - 630.09 ft. to a post in the Southwestern Line of the Prichard Land, thence with the said Line, S 29' 38' 24" E - 888.10 ft. to a post, a corner to the said Snapp Land (Deed Book 430, Page 548); thence with the Northwestern Line of the said Land, S 62• 59' 11 " W-136.14 ft. to the beginning. Containing: Lot 12A (Revised): 7.450 Acres Lot 11 A (revised): 7.430 Acres Total : 14.900 Acres Surveyed: 22 April 1994 VNgMAt q(�epllfTY, •OT. » na M MM -� {� b -- "� Tan Wd by so' M �1M !Nee Odd, aM�Md1M• Mw ,�'lr'iiL?iti.'�` a�fi .'t _. Via' • �Yu•}t�dn��: 'A 0 ty .ter.,.' • 1�J. I, I< DARYuNEADJUSTMENT: MN R SNAPP 8 F gK824PG 1495 , jjt2k RG/N/A SAND 4 CHRlSTrNE MAMA LANDES ._ AAC7! CREEFRgVgM'CKKT 0 0 Pl APML 1994 2OVED RA l LOCATION r . 2.00(r .c OPEOUON (13 162 l SURVEYMS ATE: THE LAND SHOWN HEREON IS THE REMAINING PORTION SNAPP BY DEED DATED 25 AUGUST 1960 IN DEED BOOK OF THE LAID CONVEYED TO CARLTON R. SNAPP AND VIRGMA E. 543.PAGE 665 AND BY DEED DATED 25 MAY 1974 IN DEED BOOK UG. ►AGE ill. AND THE LAND CONVEYED TO CHRISTIIE MARIA LANDES BY DEED DATED 6 AM I"I IN DEED BOOK 740. PAU M& OWMM CERT1FrJM THIS DIVISION, AS R APPEARS ON THIS PLAT, IS WITH THE FREE WHIT AND IN ACCORDANCE WITH THE DEMS OF THE Wim MMRD ONNER. PIK)"wOR OR TRUSTEE. ur70e01410ry OP-I,+iNc N�Es7 2 MR of gjlX4 A)1,* AavNDlnmiEa eEraNE ME TRIM /3Q sN`� 01N1N OF ` NOMNIr On=_30 AR ' mP. CHAPTER 1 . ARTICLE NY. SECTION 11 - 14 - A L ALU N MIT LAM7 SWWYAR .� ri� �s W. ao�cArav sr 1498 M!OUTM VA 220- 4740 70 667 3m ION rn co O�. ,�.�2g29.3031, OK824PG1494 hti� OCD �_ o� z ; �, °' _: a c STATE OF VIRGINIA, AT LARGE, cNv V LII W �i. CITY/0GWPFif OF 11J%14�11e.�'T�sli , To -wit: pc� (j� R' q The foregoing instrument was acknowledged befor g 4q? day of 1994, by Carlton R. Snapp known as Carlton Raymond Snapp) and Virginia E. Snapp (also known as Virginia Elizabeth Snapp), his wife. My commission expires.17 )'e - /Ldt'/ Notary Public fige x., i y. • 1 S �Y { MMIIaiM dpwwwh at \N Nett/. Mood" 2 • v Grp. Y 1 a�awsnr M N W Ib meow BK824PG 1453• THIS DEED OF GIFT, made this day of 1994, between Carlton R. SnanR (also known as Carlton Raymond Snapp) and Virginia E. pp rq Snapp (also known as Virginia Ebetg W Snapp), his wife, of the one part, hereinafter calledi"a m Grantors; and Linda May $jrbaugh, single, of the other part � U hereinafter called the Grantee. W *61e- a WITNESSETH: That for love and affection the grant and convey, with General Warranty and with English Covenants of Title, unto the Grantee, in fee simple, together with all rights, rights of way, privileges and appurtenances thereto belonging, the following described property: All that certain lot of land, containing 7.450 Acres, more or less, lying on the East side of Route 619 (also known as Perry Road) in Back Creek Magisterial District of Frederick County, Virginia, more particularly described as Lot 12 A (Revised) on a plat prepared by L. Allen Ebert, Land Surveyor, dated April 22, 1994, attached hereto and by this reference made a part hereof, which property is part of Lots 11 and 12 of the Earl Haines Inc. Tracts which lots were conveyed to the Grantors herein by Earl Haines, Inc., a Virginia corporation, by deeds dated May 25, 1976 and August 25, 1980 and respectively recorded in the Clark's office of the Circuit Court of Frederick county, Virginia in Dead Book 686, at Page 619 and in Deed Book 543, at Page 665. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty. WITNESS•the following signatures and seals: (SEAL) Carlton R. Snap AIC(SEAL) r . Snapp z W a J Y�• z pis.� 0 66A ^�' 67 9� VV 65 6 q� 79 BSA 4A p Al i O a� 79A ) J 80 88A y< Rf 6 ?O 63 74 ; 83 87 88 00 A O 64 70 q 5 S" 76 1 G 86 B 0 61 2 4 61C 62 1 2 3 54 60 O� 6 S" 57 96 4 6 61A 3 7 3 7 '� 59 SA Q 8 2 z 8 47A 9 O 478 7 4A 9 5" u 10 1 L 0& E 11A K 0 F 46C 12 46 50 J � � 10 ip� 48 H 43A 2 46A 7 6 � 6Z2 �o pta ��, 108 43D 5 4 43C 2 3 42 438 ` 1 107 41 116 45 of 9 43A 4 2 pt l�q 118 �� 117 40 43 w 120 119 124 125 3p 39 10 108 34 S" 36 126A 127 10A J JJF JJ9 126 36 36 J 3H 33F 11 33G 31A 37 128 CO 32 130 VARIANCE #022-95 PIN: 61-2-12A James Sirbaugh 0 • November 7, 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: JAMES SIRBAUGH APPLICATION #022-95: The applicant is requesting a 2' right side yard variance to come into compliance with ordinance regulations for an existing house. This property is located at 208 Perry Road and is identified with PIN 61-2-12A in the Back Creek District. This variance application will be considered by the Frederick County Board of Zoning Appeals at their meeting of November 21, 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 th the attached correspondence wa ailed to the following on f)"C)V( V)a- 7,M 5 fr4e Department of Planning and Dolopment, Frederick County, Virginia: 61 SIRBAUGH, LINDA MAY 2 12# BRIM, NOLAN D & 124 SPRING DALE 61 A LOUISE S RD 202 FREDERICKTOWNE DRIVE WINCHESTER, VA STEPHENS CITY, VA 2265`..— 22602-� LINDA MAY SIRBAUGH 61 LANDES, CHRISTINE MARIA 2 110 280 PERRY ROAD 300 PERRY RD WINCHESTER, VIRGINIA 22502 WINCHESTER, VA 22602-- 61 A 49 R0LAND SNAPP SNAPP , CARLTON R . 167 WEST OAK LANE 220 PERRY RD WINCHESTER, VA WINCHESTER, VIRGINIA 22601 22602- 61 A PRICHARD, F. I. EST. C/O L.ESTER SINGHASS 1607 VALLEY AVENUE WINCHESTER, VA. 22601-- 6 1 3 5► GROVE, RONALD W. & SHIRLEY E. 170 FURROW FIELD COURT WINCHESTER, VA. 22602-- 61 3 1 EBERT, MICHAEL J & TONYA M 3074 CEDAR CREEK GRADE WINCHESTER, VA 22602— W. ayne Miner, Zoning A ministrator Frederick Count Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK I�� r r_� _ �t �� , 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 P r�>� 9 �,q I j , has personally appeared before me and acknowledged the same in my state and county foresaid. ~'~ Given under my hand this _ day of ���IJUCrn r— My commission expires on ��1 / �' ' C'((i 14 1 r-,'; Y PUBLIC 464 G.I.S. WORK ORDER, Department of Planning & Development 9 North Loudoun Street'GIS t' Winchester, VA 22601 )J-�.J 703-665-5651 " The following information needs to be supplied to request production of mapping or graphics from the Planning Department. DATE �~ (� ` C 7 C� p CONTACT PHONE: DESCRIPTION 2" QB ` 0,C OF PROJECT: PT: N 22Py REQUESTED COMPLETION DATE: — For Planning Department Use — Materials & Supplies: Keep in Storage? Yes No Public Use Fee Total Time Spent on Project: Comments: