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Home My WebLink About18-90 Donald L Stayton - Shawnee District - Backfile4A��s �0 p -7/a-7 F ?-/ V-k RECEIPT t'21 022923 AMOUNT DUE (/J; AMOUNT PAID s —Cc.G� BALANCE DUE PAID BY CASH CHECK OTHER i REDERICK CWNTY DEPT. OF PUNNING AND DEVELOPMENT P. 0. BOX 601 • 9 COURT SQUARE ,i• WINCHESTER. VIRGINIA 22601 • (703) 665-5651 r ADDRESS - / ✓ aex THE SUM OF DOLLARS �O• /F FOR [ �� 4 DAY -TIMERS RE -ORDER No. 3221 - Printed in USA Upon submittal of your completed application, a sign will be issued to you for a fee of $25.00. This deposit will be refunded within five (5) days after the sign is returned. AT LEAST SEVEN (7) DAYS BEFORE THE HEARING, the sign must be placed at the property line and maintained until the date of the hearing. Failure to comply means that your request will be tabled. I UNDERSTAND THAT I AM REQUIRED BY LAW to display the sign provided by the Frederick Co. Planning Department. I UNDERSTAND the terms explained above. My signature verifies that I have received said sign. Signature ��vv 1091'-5109426-0 COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/667-0370 August 23, 1990 Mr. Donald L. Stayton Route 5, Box 228 Winchester, Virginia 22601 Dear Mr. Stayton: This letter is to verify action taken by the Frederick County Board of Zoning Appeals at their meeting of August 21, 1990. Variance application #018790 of Donald L. Stayton for a 2,000 sq. ft. variance from the required 12,000 sq. ft. lot size. This property is located east on Senseny Road on the corner of Broad Ave. and Mason St. in the Shawnee Magisterial .District and is identified at parcel 51 on tax map 65. If you have any questions regarding the approval of this variance, do not hesitate to call this office. Sincerely, W. Wayne iller Zoning Administrator WWM/slk 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 0 0 - ;k - AUG 2 0 ?- LA) � xe. .�. -,�4'.�� , I :, � - --AUG--2--G-F99& 1] VARIANCE APPLICATION #018-90 DONALD L. STAYTON LOCATION: East on Senseny Road on the corner of Broad Ave. and Mason St. MAGISTERIAL DISTRICT: Shawnee TAX MAP & PARCEL NO: Tax map 65 - Parcel 51 LAND USE & ZONING: Residential land use - zoned RP (Residential Performance ADJACENT LAND USE & ZONING: Residential land use - zoned RP (Residential Performance) PROPOSED USE & IMPROVEMENTS: Single family dwelling VARIANCE: 2,000 sq. ft. variance from the required 12,000 square foot lot size. REASON FOR VARIANCE: The minimum lot size permitted by the ordinance would be 12,000 square feet since this is the minimum lot size when no public open space is provided within the development. The adjacent lot sizes and other lots in this neighborhood are typically 15,000 to 18,000 square feet. Applicant is requesting to divide a 20,000 square foot lot into two 10,000 square foot lots so another house can be built on the property. STAFF COMMENTS: Staff visit was made to this property on August 8, 1990. This lot is located at the corner of Broad Avenue and Mason Street and the house on the property faces Mason Street. The portion of the lot to the rear of the house where another house might be located is a steep slope that goes down to a drainage way bisecting the property. Although staff assessment is that a house could possibly be built at this location, it is difficult to determine this without a plat that shows the possible footprint of a house on it. The staff does not support the division of this lot because it is out of character with the neighborhood and there does not appear to be hardship involved. Another factor bearing on this is the fact that Mason Street is not a state maintained street. The ordinance now requires RP zoned lots to front on state maintained streets. The house on this property faces Broad Avenue which is a state maintained street since this is a corner lot. The house on the property is now vacant and is advertised for sale. APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA Variance Application No. <6- 0 Application Date 7- a(o-q Fee Paid y-5°ayARirinLe, A5 an 31�.T Submittal Deadline is `'7 90 For the Meeting 1. The applicant is the (owner) is (other) (check one) 2. NAME: � �n,� OCCUPANT: (If other than applicant) ADDRESS: T'�` NAME: ca ADDRESS: 12A. � RA '� - TELEPHONE: (� („ - (,,<} �J TELEPHONE: '50mcf 3. The property is located at (please Give exact directions) 4. The property has a frontage of 114A.11 feet and a depth of I ! a. a4 feet and consists of �0,5�1 (Please be exact) 5. The property is owned by Do as evidenced by deed from (= } recorded in deed book no. on page 31,4 registry of the County of 4Q 6. This property is designated as parcel no. 1— on tax map no. 5 in the �� ; �, i ; Magisterial District. 7. Property Identification Number: 63-�non- A-O -510 8. The existing zoning of the property is: ^ R P 9. The existing use of the property is: Re5Je-V-1�11 0-1 10. The adjoining properties zoning is: (" P 11. The adjoining properties land use is: RG5+dCCA�I X-1 12. Describe the variance sought in terms of distance and type. (For exam le - A 3'Irear yard variance for an attached two car, garage.) i l in i +n 13. List specific reason(s) why the variance is being sought in terms of: - exceptional narrowness, shallowness, size, or shape of a specific piece of property, or - exceptional topographic conditions or other extraordinary situation or condition of such piece of property, or - the use or development of property immediatel adjacent thereto ,Lo T /S' t .4'e 4 C ('oz o 5 2- / S A u r4-2E FEiF T� . D=�51.2 � To T. Page Two • • Variance 14. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property for which the variance is being sought. (Use additional pages if necessary). These people will be notified by mail of this application: (Please list complete 21-digit number) NAMF. 1. nn �acn I-'cl y 6 n Address: g Cv 13 r S�.- Property ID#: (lr - �'�,�r"� �" - 2. r� Dono-W K. Lac-,konv Address: a 3 3 o M< c' �- �./ t--,�� C . Property ID# 3. I Address: , 33 Property ID# - 4. NeVt n Address: fj L� � r �� - �I (Ac kew Te i fe Property ID# : Yl) 7 - (,)CI( -) G 1 -0 5. 10J 5 Address: It CP c (153 V �, chef+ er 1�`0 . Property ID# : 6. Address: Property ID#: 7. Address: Property ID#: 8. Address: Property ID#: 9. Address: Property ID#: 10. Address: Property ID#: 15. Additional commepts, if any - Z) I (we), the undersigned, do hereby respectfully agree to comply with any conditions required by the Board of Zoning Appeals of the County of Frederick, Virginia, and authorize the members of the Board of Zoning Appeals or a representative of the County to go upon the property for the purpose of making site inspections. I/we hereby depose and say that all of the above statements and the statements contained in any exhibits transmitted are true. Signature of Applicant: Date- yO Signature of Owner:�c� rn ��/� Date7-25 /O For Office Use Only G BOARD OF ZONING APPEALS PUBLIC HEARING ACTION OF Approval Denial CHAIRMAN: s� i+✓ I ✓�'J v� nn 23 )2'-C;"-4 oalbz _ Al. I C n M d a ® N Ma n 0 n M J IK iyB s3 �ona�o� P�a�'EKTY LINT L ALLEN EBERT Professional Land Surveyor 35 W. Boscawen St Winchester, VA 22601 703 667 3233 • COUNTY of FREDERICK IDepartment of Planning and Development 703/665-5651 FAX 703/667-0370 August 7, 1990 TO THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) The Application Of: Donald L. Stayton Variance Application #018-90 of Donald L. Stayton for a 2,000 square foot lot size variance for a single family dwelling. This property is located east on Senseny Road on the corner of Broad Avenue and Mason Steet in the Shawnee Magisterial District and is identified as parcel 51 on tax map 65. This variance application will be considered by the Frederick County Board of Zoning Appeals at their meeting of August 21, 1990, at 3:25 p.m. in the Board of Supervisors meeting room, the old Frederick County Courthouse, Winchester, Virginia. Any interested parties having questions or wishing to speak may attend this meeting. Sincerely, 1h I W. Wayne Miller Zoning Administrator WWM/slk 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 This is to certify that the attached correspondence wa., mailed to the following on August 7, 1990 fro�e Department of Planning and 6elopment, Frederick County, Virginia: Mr. Donald L. Stayton Rt. 5, Box 228 Winchester, Va. 22601 6!'j0()0A00OOO0000Q005 i STn'y TCJN , t>QNAL.P I... < & E:THE::L. M . RT . 6 Box 66o--A WXNC,HES)TER, VA, F'AY'i[:)N, SAN 6`iFl0oo()e5OO0000oi )OO; i. .F:'OF?);) Iai_AIN WXN(;1-4E.'f3TT7R, VA. 2;601._ Sam Payton 886 Broad St. Winchester, Va. 22601 65000AOOOOOOOOOOOO52 L.A!iNHAH , DONAL D R _ 2330 MASON STREET W:f.N(:MiC ti'iF F�, VA., eau'iL-e0C,1OO'"lC>00000!)0000'7 M(:K:CNNEi.Y, ROE.'IERT H. RT . 6 Ff(:)X 655 WINCHE:!5TE R, VA. STATE OF VIRGINIA COUNTY OF FREDERICK Robert H. McKinney 2335 Mason St. Winchester, Va. 22601 F, r+oono-rt�aa<:aov)005.1. LANHAM, N1:::/1:N H. N Oi..GA WXNC:HL• STE.R, VA. Nevin Lanham 959 Broad St. Winchester, Va. 22601 6t,H0000'7000000000006, FAT . 6 I74 OX 653 W1NC:HE:6TER, VA. 22601.- W. Wayne Mi ler, Zoning Administrator Frederick County Dept. of Planning I, Renee' S. Arlotta , 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 August 7, 1990 , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this 7th day of August 1990• My commission expires on March 23, 1991 NOTARY P BLIC APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA Variance Application No. _1%-9D Submittal Deadline is ,"`'7 Q Application Date , a(,-qo For the Meeting of Fee Paid c}S00y4Rtflr Le, A5 �— cn a �,, r / 1. The applicant is'the (owner) V (other) (check one) 2. NAME: �.^,n�A �_ • ADDDRESS : OCCUPANT: (If other than appl i ant ) `.' it NAME C- +��c I •_air �;:, �.�1 4 ADDRESS :+. TELEPHONE: /(j - (%{ TELEPHONE: �aM{ 3. The property is located at (please give exact d'rections.) (on -Bro"Cl) -t- 1 i1.O3 (on M0.5on 4. The property has a frontage of III I. ;f1 feet and a depth of Ila.044 feet and consists of ao (Please be exact) 5. The property is owned by Q3,JcJ -+- E+1-)�i ,r\ as evidenced by deed from 7 recorded in deed book no. .99_3_ on page :L, f registry of the County of 6. This property is designated as parcel no. _ on tax map no. in the -")I- C,_( `,L; Magisterial District. 7. Property Identification Number: 5 10 8. The existing zoning of the property is: R P 9. The existing. use of the property is: ReSieCt,cd 10. The adjoining properties zoning is: (, N 11. The adjoining properties land use is: 12. Describe the variance sought in terms of distance and type. (For exam let1 - A 3'IIrear yard variance for an attached two car garage.) - ��1 13. List specific reasons) why the variance is being sought in terms of: - exceptional narrowness, shallowness, size, or shape of a specific piece of property, or - exceptional topographic conditions or other extraordinary situation or condition of such piece of property, or - the use or development of property immediatel adjacent thereto /c 7'_ /S L A.,e 4 c= ra o s _ / S Q u �F-t2E c,� _ T - Page, Two � `0 14. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property for which the variance is being sought. (Use additional pages if necessary). These people will be notified by mail of this application: (Please list complete 21-digit number) NAME 1. n� sat., I cry i-o n Address: _ r Property _ID# : 2. Donck�d. �-c�rn any Address: Q 330 iylr.�,< f n Ui Property ID#.: 3. Robe- - i4_ M k;Ane,V/' Address: Property ID# [ y 1 4. ( Address: q 9 (3rox Property ID# : CP 5 P or, - 007 - 1("v-Y- CC)a) 00 ! 1_ 0 5. �1f _ J1I 1l� lCiLr�.� 1\ill LPT'n Address: Pu. - C U �, ; t� � 5-3 h� / Wit- e. C � i3 Property� ID_#: f� r }(/1 `.(„17 l.(�t�7f� L_� 00(-7-11 -�� 6. Address: Property ID#: 7. Address: Property ID#: 8. Address: Property ID#: 9. Address: Property ID#: 10. Address: Property ID#: 15. Additional comments, if any - I (we), the undersigned, do hereby respectfully agree to comply with any conditions required by the Board of Zoning Appeals of the County of Frederick, Virginia, and authorize the members of the Board of Zoning Appeals or a representative of the County to go upon the property for the purpose of making site inspections. I/we hereby depose and say that all of the above statements and the statements contained in any exhibits transmitted are true. Signature of Applicant: Signature of Owner: e,, Date i For Office Use Only BOARD OF ZONING APPEALS PUBLIC HEARING ACTION OF (date) Approval Denial CHAIRMAN: Date7-25 /O N Y N Y N Y M M N N Y N N M N Y N N N N M N N N N M Y Y M Y N N N N N NM N N N Y N N+ N N N N N .:;' • :., •. TO: :: :: DEED DONALD L. STAY'I'ON, ET UX % ,`: 333 3GA r /�_ ;'� '• '' DEED, made and dated this day of i ,L'� , THIS D y 1971, by and between Russell Edgar Rhinchardt and Emma Jean " Rhinehardt, his wife, hereinafter called the Grantors, and Donald L. Stayton and Ethel M. Stayton, hie wife, hereinafter 0" called the Grantees. • •:: WITNESSETH: That in consideration of the sum of Ten :�' `•~''''''�' •;' Dollars ($10.00) and other valuable considerations paid the ,; Grantors by the Grantees on or before the delivery of this deed, �:•�� ''.''• i. the receipt of all of which is hereby acknowledged, the Grantors p ��• ::',�" hereby grant, sell, and convey, with general warranty of title, unto the Grantees, in fee simple, jointly, as tenants by the s, •' : : , entirety with the common law right of survivorship, the following real estate, together with all improvements and appurtenances f �''�r ••'; L'' thereto belonging and subject to all easements and legally enforceable restrictions of record affecting such realty: ,;y.;•.• t•"':�'•,' All of that certain lot or parcel of land located in Shawnee Magisterial District, Frederick County, Virginia, East of Winchester, on the North- ,: cast corner of Broad and Mason Streets, and particu- larly described as follows: Beginning at a point •. •;Y•° of intersection of Broad and Mason Streets, thence �� :•'`' e-te-dins Northward and fronting on Broad Street .;.. 109 feet; thence Eastward in a line parallel with :,•„;v.' . .r Mason Street 200 feet; thence Southward 96 feet to r...•, -�•'' , the property line on the North side of Mason Street; �.: '' ��'"' '• ' thence Westward with said property line 177.5 feet to the point of beginning. Reference is made to that certain plat recorded in the Clerk's Office •," ';, of the Circuit Court of Frederick County, Virginia, in Deed Book 206, at Page 460, for a more particular { '•;;.' description of the realty herein conveyed. This ' }• > �'.'.�; is the some realty which was conveyed to the Grantors herein by C. MLockhart, et ux, by deed MAl�IC .we 6M11A� dated November 22, 1954 and recorded in the afore- : • A"0AN•"' A` `A":' said Cleric's Office in Deed Book 234 , a t Page 19, :"•. ':: ' LESS and EXCEPT a small strip conveyed to the .�. 4. i 1 i• •\ 4 �1 �• ';fir• , v '.ti: ' 1.K dR • 4 t f; ••'j•t' •. •'YIM(,MNt��1 YI.i1M1. . s • • •i 1PIF 41 Doi 383 ',-AGE 365 Commonwealth of Virginia to widen Broad Street by deed recorded in the aforesaid Clerk's Office in Deed Book 307, at Page 523. The Grantors covenant that they have the right to con'-1 vey the within described property; that the same is free from all liens and encumbrances except as may be hereinabove set forth; and that they will forever warrant and defend the title thereto. WITNESS the following signatures and seals: Russell Edgar/Rhiriehardt .rtirtG ' an (cc.,•� �a.(SEAL) Emma Jean Rhinehardt STATE OF LA 4" i � ^�— •.11 a . OF � J .4�, To -wit: I C /4 a Notary Public in and for the State and ,Cs•aforesaid, do hereby certify that Russell Edgar Rhinehardt and Emma Jean Rhinehardt, his wife, whose names are signed to the foregoing deed, bearing date the 0 day of .1971, have acknowledged the same before me in my State and (//nL%6a, aforesaid. Given under my hand this day of 01971. My commission expires 1 •'1 46 �•" ��'. Ile Notary Public:�.� •�."'Zr•w' V:it 11UA rR: t►;�iiJ C:�J:'$T':, _T r o �'lrir ilsUulrlald 01 %lit+nu was produrod to me on Glo ••,`•'�Yy� •31�; �� f _.(1•y tit it nd w.iil "rliii"t" 01 dClC ll)NJ+.; i; (J:TI3a tliereto Znna.al wls .,daiitrad to rocord. Pa:i lrjp,:#.4Q,1 .:ry J_c. J.i•.,1.1 W oJ and 5•:-54 Nava been paid, U a:so GAL.t. Ckik