HomeMy WebLinkAbout28-90 Donald & John Taranto Lot 3 - Back Creek District - BackfileRECEIPT
N12 023001
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FREDERICK COUNTY DEPT. Of PLANNING AND DEVELOPMENT
P.O. BOX 601 • 9 COURT SQUARE
W,NCHESTER, VIRGINIA 22601 • (703) 665.5651
ADDRESS
L�C�iIr✓_ 1 ! 6J
THE SUM OF4 �►�y""-'^ �`- � � DOLLARS S L/ "�V
FOR
COUNTY of FREDERICK
Department of Planning and Development
703/665-5651
FAX 703/667-0370
November 26, 1990
Dove and Associates
Attn: Mr. Tom Davis
P.O. Box 2033
Winchester,,Virginia 22601
Dear Mr. Davis
This letter is to confirm action taken by the Frederick County
Board of Zoning Appeals at their meeting of November 20, 1990.
Variance application #026-90 was -approved for a 40' front width
variance for an existing dwelling and a one acre lot size variance
for Lot 1, variance application #027-90 was approved for a one acre
lot size variance for Lot 2'and variance application #028-90 was
approved for a one acre lot size for Lot 3. This property is
located on Route 619 off of Cedar Creek Grade in the Back Creek
District and is.identified as parcel 52 on tax map 61.
If you have any questions regarding the approval of this variance,
do not hesitate to call this office.
Sincerely,
W. Wayne iller
Zoning A ministrator
WWM/slk
cc: Donald N. and John H. Taranto
9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601
0
11
VARIANCE APPLICATION #028-90
DONALD N. & JOHN H. TARANTO
LOT 3
LOCATION: West of Winchester on Route 619 1/2 mile off Cedar Creek
Grade.
MAGISTERIAL DISTRICT: Back Creek
TAX MAP & PARCEL NO.: Tax map 61, Parcel 52
PROPERTY ZONING & LAND USE: Zoned RA (Rural Areas), Land use -
Residential
ADJOINING LAND ZONING & USE: Zoned RA (Rural Areas), Land use -
Residential
VARIANCE: 1 acre lot size variance
REASON FOR VARIANCE: Same reason as listed for application #027-
90 applies to this one. Proposed lot 3 requires a variance from the
required 5 acre lot size, it meets all other requirements.
STAFF COMMENTS: Staff comments as listed on applications #026-90
and #027-90 apply to this situation.
APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
Variance Application No.
Application Date
Fee Paid
i� sao Submittal Deadline is 10/26/9f)
For the Meeting of 11/2Q/9n
1. The applicant is the (owner) X (other) (check one)
2. NAME:DQnald N. & John H. Taranto OCCUPANT: (If other than applicant)
ADDRESS: 1750 25th Avenue NAME:
Greeley, Colorado 80631 ADDRESS:
TELEPHONE: (303) 356-3128 TELEPHONE:
3. The property is located at (please give exact directions)
Route 622, West from Winchester to Right on Route 619 (Cedar Creek Grade)
_ property is on right side of road approximately 3; mil from interspcfinn
4. The property has a frontage of 945' feet and a depth of 586'
feet and consists of 9.4 acres. (Please be exact)
5. The property is owned by Donald N. & John H. Taranto as evidenced by
deed from Anthony J. Taranto recorded in deed book no. 351
on page 224 , registry of the County of --Frederick—.
6. This property is designated as parcel no. ,2 on tax map no.
61 in the Back Creek Magisterial District.
7. Property Identification Number: 61000A000000000000520
8 The existing zoning of the property is: RA
9. The existing use of the property is: Residential
10. The adjoining properties zoning is: RA
11. The adjoining properties land use is: Residential
12. Describe the variance sought in terms of distance and type. (For
example - A 3' rear yard variance for an attached two car garage.)
1 anrp I nt gi .2 variant-P on Lc I -
13. List specific reas6n(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 immediately adjacent thereto
See attached letter
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)
NAME
1.
Address:
Taranto
Route 4, Box 375-T, Winchester, VA
Property I D#:
Monroe & Henrietta
2.
Address:
Thompson,
Route 4, Box 376-A,Winchester, VA
Proppertyy ID# :
61000002000000000004A
Charles J. ,
3.
Address:
Renner,
Route 4. Box 175-R. Winchestpr, VA
James R, Martha C.
property ID#
610000020000000000070
4 •
Bishop,
Address:
Jeffrey J., Kathy K.
Route 4, Box 837-C, Winchester,VA
Pro ertyy ID#:
6p0000020000000000080
5 *
Presgraves,
Address:
Barbara A., Clyde W.
P.O. Box 2472, Winchester, VA
Proppertyy ID#:
610000020000000000090
6 •
Rust,
Address:
James S., Diana H.
Route 4, box 376-5, Winchester, VA
Property ID#:
610000020000000000100
7.
y:pp�
Address:
�';rlton R,
Route 4, Box 375-5, Winchester, VA
Property ID#
V4rginia E.
610000020000000000110
8.
tstun'
Address:
flan P. , Louise S.
Route 3,Box 174, Winchester, VA
property ID#
61000A000000000000460
9.
!* hn,
Address:
Route 4,Box 381-D,Winchester, VA
ic(.)nald C, Rosalie D.
Property ID# :
6100000400000000000F0
Address:
pagan,
Route 4, Box 381-E Winchester, VA
lLarles H., Judith T.
Property ID#:6100000400000000000EO
--
15. Additional comments, if any See Attached
4 (we), the undersigned, do hereby respectfully agree to c6Aliy
witt, Apy conditions required by the Board of Zoning Appeals of the
Coups-y of Frederick, Virginia, and authorize the members of the Board of
Zon3. 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: L[-n-.���r, Date /b
Signature of Owner �,,04\,�, 1 �D�,,,y H ���1-Q Datt:JZ)
For Office Use Only O�
BOARD OF ZONING APPEALS PUBLIC HEARING ACTION bF (date)4--ZC9(/
Approval Denial CHAIRMAN:C�
& ASSOCIATES P.O. BOX 2033 WINCHESTER, VIRGINIA 22601 (703) 667-1103
• ARCHITECTS
• ENGINEERS
:SURVEYORS
•SURVEYORS
October 24, 1990
Frederick County
Board of Zoning Appeals
P.O. Box 601
Winchester, Virginia 22601
RE: Variance Request, Parcel 52, Tax Map #61
Back Creek District, Zone RA
Dear Sirs:
Request is hereby made for variances to the Frederick County
Zoning Regulations, on the above referenced parcel. These
variances are requested for Lots 1, 2 and 3, on the attached
plan, and are as follows:
Lot 1: Variance of Section 4-4-2.1, 5 acre requirement
Variance of Section 4-4-3.1 150' width at building line
Lots 2 & 3: Variance of Section 4-4-2.1, 5 acre requirement
The proposed lots comply with all other zoning requirements of
Frederick County.
These variance requests are based upon existing conditions. the
parcel at this time is 9.41943 Acres, and has 3 houses on site,
all occupied, that have been on site greater than 20 years. The
owners of the property obtained the property through a will, and
are planning to sell the properties. Therefore, they do not want
to apply under Section 4-4-2.2, which allows family divisions
less than 5 acres, but greater than one acre. By creating these
separate lots for the existing houses, and creating Lot 4, the
property would be in compliance with the County desires to reduce
multiple houses on individual lots.
On Lot 1, the waiver of the 150' front width is also based on ex-
isting conditions, as shown on the attached plan.
As noted above, these lots do comply with 1 acre minimum require-
ments, side and rear yard requirements, and depth to width ratio
requirements.
0
. ...............
- Lz- -i_�
t-
fl ACT 2
u
October 24, 1990
Page 2
Thank you for you consideration in this matter. If you have any
questions, please call.
Sincerely,
DOVE 6 ASSOCIATES, INC.
Thomas E. Davis
TED/mds
i
w
,1 I
U$Gu '2,iic' LEE D, rnad(; and dated this -' Ig"Way of March, 1969, by
i
3/6/69 I h+s wife artier
)GS/c1:2 'I and between RAYMOND M. ..OY and GHARLOT L A. LOY, , p
1i I
II of the lij 5 ,� par"., ,lereinafter reicrreci to as urartors;•ANTHC)NY J.
I
+I! TARAI i O, iV0RCED0 party of the second part, hereinafter referred to '
�' as Grantee; and GAA AND-Ic. GAT=jrLR and LOiASE S- GA IiEik, ,'iis wile,
i
parties .of the third part.
I i
i WITNESSETH: That for and in consideration of the Sum of Ten
Dollars (.-Pi0.00), cash in hand paid, and other good aid valuable consideratioi,'
the receipt of which is hereby wcknowiedg-A, the Grantors do hereby grant
i and convey, with general warranty of title, unto Lize Grantee, all that lot or
i
parcel of land coi:taining nine acres, more or less, together with all rights,
p� ivileges and appurtenances thereto belonging, lyingand be' situate along
i tiie Northern and Western si6e of Virginia SLate Secondary highway No. 60,
aoout une and oiie-half miles West of Opequon, in Lack Greek Mlilgls -
�I
terial District, r rederick County, Virginia, described as begiiuiing :it an
iron pin corner on the Northern side of said highway, a corner to the Dick
1;
and Coiner land; thence Eastward with said iiighway a distance of 690 feet,
hwa
more or less, to an angle `4herein; thence Northward; still with said hig; y,
a distance of 490 feet, more or less, to a port, corner to the remaining land
I
• hence Westward with the remaining ;and of Gather and following
of Gather, L
a fe:ice line a distance of 33G feet, more or less, to a post, corner to the ling•
i�
ii of Dick ana Coiner; thence Southward with their line w distance of 640 feet,
I, more or less, to the point of bebinn..nb; and being t.,e same realty conveyed
4�
! to John-W.- Loy, -r%aymond'N'..-Loy anti Charlotte A. Loy, with cornnion law
1�I1 right of survivorship, by d::;.d of Garland R. Gather, ut ux, dated October li)S
$GULLY 14 E61mreON liI
ATTGri' ZVr,-AT•LAW
�! i96E, a;:d of rec.�rd in the Cieri:zs Office of the GircuiL Court of Fr. cleric
VVIi-4CHEGTCP, VA. �
County, Virginia, in Deed Book 347, at Page 431; the said John W. Loy
OCT 2 �=
Y & SIMP
u N e YY-AT.LA
0
5'1' K 225
having since died.
0
This conveyance is :Wade subject to all duly recorded ea einents,
rights of way and restrictions, if any, affecting same.
WHEREAS, in the aforesaid deed from the parties of the third
part to the Grantors her ei%-ihs-xealry hore_n desciribed was erroneously
stated to be lying and situate along the Northern and Western side of Virginia
State Seconcl ry :'ighway No. 680, wherein in fact, it is situate along the
Northern and Western side of Virginia State Secondary Highway No. 619.
NOW, THERE^ORE, the parties of the Iliir.d part do hereby join in GUS
deed for the purpose of correcting said description and do hereby quick
claim any and all interest which they may have in the realty hereby conveyed.
Except as noted above, the Grantors covenant that they have a
right to convey to the Grantee, that the Grantee shall have quiet alid peaceable
possession of the sail property, free tram all liens and ercurnbranees anc:
they will grant sucl: further assurances of said title as may be re-� _'_site.
WITNESS the following signatures and seals on the day and year
I
first above written:
I
(SEAL)
RAYZLOND Me LOY
706 S- ---'A 7. 1;
CH1'%RLOTTE A. LOY
(S EA ILII
GARLAND R. CAT HER
I
C /J
f'OUJSti' S. CATI-1E1t
,STATE OF VIR GINIA
:,OUNTY OF FREDERICK, 41To-wit:
�f
f aRCi 5a fl
� 1 -52-
fill.$ ij,,i:D n►ade iand dated thi$ day of ::uly. 1975 by .11id bt:twue't►
AtLLl10.►y J. ii.rau�o and i.laiLie L. TaranLU, parLiea of the firer parL,
Hereinafter rvierred w ad Lau GranLor.; a1.lt Mc nrue Taranto an.1
�fCurit:Lw L. TiAr:a►Lo, Yorties of the tiecond part, hereiri:.fter r,:fuvred to de
Ule Grdrlteca.
V, I Tliat fur and in conei,:uratioa of the duly, of Ten Dollars
(y13. JO), "L,.i oLiior valuat►1.: consic:cralion, receipt of which is u.:reUy
aCKlluwle(AL,V-.1, Ll'.0 Gracltors do hereby eraiiL ac►,; convey tiutO LIW %.Irurl,CCS.
witil �,Clitral wac'railly of Lule, joi►,,ly wish Lhe right of burvivortAiiji as aL
cchiliUbuil laVk, 4411 L116L CerLi►lri 10L Ur pZirCel u1 1.11:,1 lyillh 011 Lilt: %;,,bL yl.lC to
Viroiuia aL4W ::iuco.idary liiehway No. 619, coataininri one .:cru, ;AUOU, olio
d11.1 oile-►l.ill wu3L O1 Upeq► uLi, lli 13.,Lk CVek MaL;Wl,Vri..1 1.►blflCt,
I. 1'��l�l'l.Il (..uu.i6Y, Virk;illti.► UL'id UeiI.L; .►-UrU t)C,rtical irly 1C bLViili.',. NIA I :'jvL
iovLh ou a L:L6rL41►4 yl.i- ut.G4+r1e� �1..iiirlrlaiad,.••G. L. S. , ditted Jtily 14. 147S
wi►iL.h plat 14 hQA7,!,o :1LLGAChc,.I .,Ii.:l rl►ial►: a part of Lhi4 uve'-I.
,Cho aiurus..id ib u tjorLiun of that siAcne rcalq couvuyc;d Lv ! 1111►u1,y J.
1'.,Lal1LU LCU;lI i(iuy1Y10Cw M. LVys e.L Al, by duck! ildLCr1 March J. Ot, ) U1 veto►';
1.► the Cicrklb i.ffice of Lhu Circuit C.uurL of Fruduric.k CounLy iL► OvUii LoUk
1.51. pdeQ Zi.4. ib liereUy 1r►a.ie to Lhe afuresiaid deU.t fur a more
LAAI'Llcular dCbCI-iptiuu of the proveCLy hurui►i iunveycd ailtl ful' [tIrLhQL'
.I.9rtvaLioil of LiLlt:.
IL'hu 6r.,n,oL-b L.OVE:►1i1nL th.1t [hey have i► ri6hL Li) LUC►vuy t4.4i•1 rually;
Lh4L Lhe same is free from liens and e:nclimbr;,nros; �n,l that th ill
forever warrant and defend Lhe Litle L.iereto.
V,,:;ness the follow.,:6 bidnatures and belly:
(Seal)
Anthony J. TiLrdnLO
r:;laine L. "1'.+r..nlu
-I-
State of Virginia
County of Frederick, To -wit:
11 , a 1\.jtary Puulic in and for the
County and State " vreiaaid do hereby certify that Anthray J. ':draato and
Llaine L. Taranto, whose Names are si&"ed to Uic ford&oiny wriciuri dated
Juiy , 1975, have personally appeared before me in my County and State
aforesaid and acknowledged the same.
My commission expires:
Given under my hand this day of July, 1975.
Notary Public
-2-
PLAT OF A SURVEY MADE. FOR A. TARANTO OF A LCT OR PARCEL OF
,.AND LYING ABOUT �:� MILES REST OF THE VILLAGE OF OPFQUON IN THE LACK
,RF1.K IVAGISTERIAL DISTRICT OF FREDERICK ;UU``Y, VIRGIhI^.
THIS IS A PURT I CN OF THE SA,v4E L%,ND THAT WAS CONVEYED TO A. J.IARANTO 13Y RAYMOND V. Loy BY OE ER DATED MARCH 8, 1969 RECORDED IN
)EEO BOOK 351, P. 224 IN THE RECORDS OF THE CLERK OF THE CIRCt11T ' 0OURT
,F FREDERICK COUNTY. VIRG INIA•
SUS{: VE YE B Y
J • 1. • V •
SURVEYED JULY Ihs 1975
(NA TG f '975
AR I ANCE GRANtED ice,_„_ - _�
r ' •
wrrMif. •.6.�. •4w. . 7V �.. f. .. .. ggpp... � ..:...'1 .. .. ! b.. ... .. ... .. .. �l ...w •.. �
A. J. TARANTO - LAST WILL & TES R'ENP PACE 59
I, A. J. TARANTO, of the County of Frederick,
Commonwealth of Virginia, do hereby make, publish and declare
this to be my Last Will and Testament, hereby revok' 0wills
heretofore made by me.` Vap vA V\ P coo.
ARTICLE I
Debts and Taxes �'C� cR�QtAMEL
I
i
1. I direct that all of my just debts and funeral �
expenses, including the cost of a suitable tombstone, be Paid as
soon as practicable; and further that my Executor, hereinafter
named, be and hereby is authorized to dispose of such of my
property, both real and personal, as in his discretion may be
i
necessary to accomplish this purpose.
2. All of my estate and inheritance taxes shall be raid
out of the residue of my estate without being apportioned against
the share of any beneficiary.
ARTICLE II
Beauests and Devises
1. I do hereby give, devise and bequeath all of my
estate, both real and personal,to my nephews, DONA_D N. TARANTO i
and JOHN TARANTO, in equal shares, absolutely.
2. In the event that either Donald or John predeceases
me, the share to which he was entitled, shall pass to his issue
and if there be none, to his wife.
ARTICLE III
Appointment of Executor
1. i do hereby nominate, constitute and appoint
DONALD N. TARANTO, to be Executor of this my Last Will and
Testament and he shall not be recuired to give security or surety of any
�l
I '
i
,3
•
•
500K 98 PACE 60
kind on his bond. If for any reason is unable or unwilling to
serve, I do hereby nominate, constitute and appoint the Dominion
Bank of Shenandoah Valley, and they shall not be required to give
security or surety of any kind on its bond.
2. In administering my estate, my Executor shall have
the powers and authority set forth in Section 64.1-57 of the Code
'• i
of Virginia, as amended, which section is hereby incorporated by
reference and made a part of this will, and shall further have the
powers and authority to sell any and all of my property, both real
and personal.
IN WITNESS WHEREOF, I have hereunto set my hand this
J...�day of /I «, L-�, , 1987.
_ Q�
A. J. TARANTO
The foregoing instrument, subscribed at the end thereof
by A. J. TARANTO, the above named Testator, and by him signed,
published and declared to be her Last Will and Testament in the
presence of us and each of us who in his presence and at his
request and in the presence of each other subscribed our names as
attesting witnesses upon the day of the date of said Will.
OF
OF
OF
STATE OF VIRGINIA,
A
A _ Oto-wit:
Before me, the undersigned authority, on this day
personally appeared A. J. TARANTO,./�...
_j3n,►�:� and cw �.%�
' kna 1
2 -
r
I
BOOK
f to me to be the Testator and the witnesses, respectively, whose
names are signed to the attached or foregoing instrument, and, all
of these persons being by me first duly sworn, A. J. TARANTO,
the Testator, declared to me and to the witnesses in my
I
i presence that said instrument is his Last Will and Testament and
I i
'that he has willingly signed or directed another to sign the same
iifor him, and executed it in the presence of said witnesses as his j
lifree and voluntary act for the purposes therein expressed; that I
(said witnesses stated before me that the foregoing will was ,
lexecuted and acknowledged by the Testatrix as his Last Will and
''Testament in the presence of said witnesses, who, in his presence
and at his request, and in the presence of each other, did #
subscribe their names thereto as attesting witnesses on the day of
}
the date of said will, and that the Testator at the time of the
execution of said will, was over the age of eighteen (18) years
and of sound mind and memory.
t
'STATOR
I WITNESS
WITNESS
WITNESS /
Subscribed, sworn and acknowledged before me by A. J.
TARANTO, the Testator, subscribed and sworn to before me by
and
witnesses this �? day of
,-` 1987.
My commission expires Y4 9 ��
Notary Public
t - 3 -
i
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• BOUK 98 PACE 62
"Irv. 41 CL[RK•• CaRTIVICAR DV COZY. WITH JUDO[• VIRI/ICATIOmM �oacwaL Co.. oamvall a4a40
STATE OF COLORADO, I
mss.
County of .......L....ari............er..............................1
I,Harcie E. Pommel
E1 hth..... ...............................................Clerk of the District
ourt o the.*.*.'.'.*.'. .....&..............................
Larimer JdDistrict of the State of Colorado within and
for..................................................................Count do hereby c rtjjfy thhe f e oin to be a true, perfect
and complete copy of..Last Will and TeMment of A. J. a�ar to as
probated in our case number 8�J...P11-18e "on...Jul.y...12.;. 1989
A.
�yn�.�'r
In Testimony Whereof, I halheregrrto��t.my,hat�and gt&ed the seal
of said Court, at my office in......., cc�;DD C .
Jth or t'a��j ...�;'...� .......
$this
day of...... •: ,...... ..:,•r.k..,19.............
J
......
STATE OF COLORADO.
County of..... Larimer
................................................
I John —David Sullivan
�i ht h ..........••••• Judge of the District Court of
�e - ••••• .........................Judicial District of the gState f C or o within and for the Count
Of..........Larimer ........ do hereby certify that......' arc a �. ommei y
.................
................................................ _
whose name is subscribed to the foregoing Certificate of Attestation, now is, and was, at the time
of signing and sealing the same. Clerk of the District Court of ...... ..... Lurim r.... __........ ..County
aforesaid, and keeper of the Records and seal thereof, duly appointed and qualified to office; that
full faith and credit are and of right ought to he given to all his official acts as such in all Courts of
Record and elsewhere; and that his said attestation is in due form of law, and by the proper officer.
Given under my hand and seal this...` •_ ....... day of.... August 89
STATE OF COLORADO, I
County of.... Larimer
.ss.
...........................................1
I, .•..•.lJarcie E. Rommel
......................................Clerk of the District
Court of the........ Ei,(xl�th.,.. ......Judicial Distr t f t St t o C I radn within and
Ty
for.........LAU'PIPT .................County, do hereby certify that ....... ..°...n'...a�..•,.•,. u. ivan
whose genuine signature is appended to the foregoing certificate, was, at tlte'tinte o1` •signing the
same, Judge of the District Court of ................. arimer Courlkjr,`uf,IJf6 Sate of Colorado,
duly commissioned and qualified; that full faith and credit are and' oi'!r ghi ought.;o•be.given to all
his official acts as such, in all Courts of Record, and elsewhere`' r :
In T•esjlmc;,y Whereof, I havcho r u fl yer 1 nvshanu am off•i�d the seal
of said Court, at my office in.. F 3 ! 1 )"',
this.......29t.h...................da f...............� .t.. • f . P � �, . r... ....86010.,
,.5 ..�.� .........19... ...
........... L jO .1• 'i;•
�`�.K .....
BOUK 98 PALE 63
STATE OF VIRGINIA
COUNTY OF FREDERICK,TO-WIT:
A certified copy of the last will and testament
Of A.J. Taranto was this 5th
day of qPn mhP-r' 19 89 produced before the Clerk
of this Court; and on the motion of F. L. Largent, Jr. Attorney
it is admitted to record on this
5th day of September 19 84
EPUTY CLERK
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