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HomeMy WebLinkAbout29-90 Hazel Himelright - Back Creek District - BackfileRECEIPT N2 023065 AMOUNT DUE f DV AMOUNT PAID 4 , ape BALANCE DUE PAID BY ❑ CASH CHECK "`ttt❑"' OTHER FREDEMCK COUNTY DEPT. OF PLANNING AND DEVELOPMENT P.O. BOX 601 • 9 COURT SQUARE WiNCHESTER, VIRGINIA 22601 • (703) 665.5651 DATE ,q �j1. (I� go RECEIVED FROM ADDRESS THE SUM OF /� �/ �1'�i.�1 DOLLARS $ / `0O6 FOR — l- '- So ' BY DAY -TIMERS RE -ORDER No. 3221 — Pnnt.0 m USA i COUNTY of FREDERICK Department of Planning and Development 703/665-5651 y�1798FAX 703/667-0370 ,November 21, 1990 Hazel Himelright 1613 Whittier Street Winchester',..Virginia 22601 - Dear Ms.,Himelright:_ This letter, is to confirm action .taken by. the Frederick County Board of.Zoning Appeals at their.meeting of November 20, 1990. Your.variance application.#029-90 was approved for a 0.7' front, and 0.2' side variance to correct a setback violation and a'11.5' rear variance for a deck. This property.is located at 1961 Kathy Court,;Westside Station, and is identified as parcel 37 on tax map 53E in the Back Creek Magisterial District. If you have any questions regarding the approval of this variance, please do not hesitate to call this office. Sincerely, W. Wayne filler Zoning Administrator WWM/slk 9 Court Square P.O. Box 601 - Winchester, Virginia 22601 . _ * P.01 * * TRANSACTION REPORT * * NOV-21-90 WED 9:27 * * * * DATE START RECEIVER TX TIME PAGES NOTE * * * * NOV- 2 1 9 : 26 7223923 1 ' 00'' 2 OK * * * ****************************************************************** COUNTY of FREDERICK TELECOPIER/FAX TRANSMITTAL PAGE DATE: November 21, 1990 TRANSMITTAL TIME: PLEASE DELIVER THIS PAGE S) IMMEDIATELY TO: NAME.-' Sowers COMPANY: Manor Pro erties CITY, STATE: Winchester, Va. TELECOPIER '# : 722-3923 RE: H. Himelri lit approval letter. TOTAL NUMBER OF PAGES INCLUDING THIS COVER LETTER- -2- MESSAGE: . FROM: Frederick Co. Planning Dept. TELECOPIER/FAX ;4: (703)667-0370 l 9 Court Square - P.O. Box 601 - PHONE: 665-5651 Winchester, Virginia - 22601 COUNTY of FREDERICK Department of Planning and Development 703/665-5651 "G' FAX 703/667-0370 . 1738 November21" 1990 Hazel Himelright '1613.'Whittier Street Winchester,..,Vir,ginia 22601 ,..Dear Ms. Himelright: This letter is to .confirm action taken by the Frederick County Board of Zoning,Appeals at their meeting of November 20, 1990. Your variance.application.#029-90 was approved for a 0.7' front, and 0.2' side variance to correct a setback violation and a 11.5' rear variance for a deck. This property is located at 1961 Kathy Court, Westside Station, and is identified as parcel 37 on tax map 53E in the Back'.Creek Magisterial District. If you have any questions regarding the approval of this variance, please 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. 40 VARIANCE APPLICATION #029-90 HAZEL HIMELRIGHT LOCATION: Lot 37, section 2, Westside Station at 1961 Kathy's Court MAGISTERIAL DISTRICT: Back Creek TAX MAP & PARCEL NO.: Tax map 53E, Parcel 37 PROPERTY ZONING & LAND USE: Land use - Residential ADJOINING LAND ZONING & USE: Land use - Residential Zoned RP (Residential Performance), Zoned RP (Residential Performance), PROPOSED USE & IMPROVEMENTS: Deck VARIANCE: 0.7' front, 0.2' side and 11.5' rear variance REASON FOR VARIANCE: Unusual and restrictive shape of lot. STAFF COMMENTS: The primary structure is already built, and due to apparent measurement error is slightly shy of the required front and left side setbacks. These deficiencies are minimal and staff sees no reason to deny a variance of 0.7 ' for the front setback and 0.2' for the side setback. The rear setback is requested so that a large deck can be added on the back of the house. The Zoning Ordinance allows for decks that are less than one-third of the length of the primary structure to which they are attached to extend 3 feet into the required setback yard. It is possible to redesign the proposed deck so that it is less than one-third of the length of the primary structure and can then be allowed to extend 3' into the setback yard. Not being able to construct the deck as shown on the application is not considered a significant enough hardship to justify granting a variance for it. page 1 of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA w , t W yre rrH -OFFICE USE ONLY - Variance Application No. -q o Submittal Deadline Submittal Date 101 For the meeting of Fee Paid es initials:L Sign Deposit a Sign Return Date: 1. The applicant is the owner _Z other . (Check one) 2. APPLICANT: Axlnle�zxl&l-q— OCCUPANT: (if different) NAME: #14zez- NAME: ADDRESS /6/ ; ,.//„� /�' / ADDRESS: TELEPHONE: TELEPHONE: 3.. The property is located,�Lt: (please give exact directions) 0Al 5�ATM Al CV L r . OJ S-i t �`'vt�ic i 1--� i /-yc��/' 4. The property has a road frontage of feet and a depth of 106 - feet and consists, of 1l2g(v4?r-?: acres. (please v be exact) /aGr3 `l �% sid G "70 k4—-SfCJCG 5 . The property is owned by as evidenced by deed from(VFS7j//_-g j';-h7-/&0 recorded . (previous owner) in deed book no. 13c�- on page registry of the County of Frederick. 6. Magisterial District: L3&e- "hie, Page 2 of 5 0 0 7. 21-Digit Property Identification No..6'AE7 p / -QDC 0 000 Z 6O-37 a 8. The existing zoning of the property is: p 9. The existing use of the property is:?6ET/A(. '�J)Wetkl� 10. Adjoining Property: USE ZONING North 2656 1 ZEJ2�Q East South ReSIDEML West l�/1lMD �/ i2c�4 11. Describe the variance sought in terms of distance and type. (For example - A 3' rear yard variance for an attached two car garage.) 0' Z Fr of le I f o C-c- eg &W s L a C sera #C le A i I . � FEE VAR, Mur- C -F:P-&vv% 1e 5S:---$ArI To lam' VW #" l T' '3u c &-Di N CN OF A 7>6c K. . 12. List specific reason(s) why the variance is being sought in terms of! V - exceptional narrowness, shallowness, size or shape of a specific piece of property, or exceptional exceptional topographic conditions or other extraordinary situation or condition of such piece of property, or - the use or development of property immediately adjacent thereto SSt+ AV 6 "t2E 4-4:!) ' 13. Additional comments, if any page 3 of 5 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 4- f L-- Pkri D �f R6 tVAJ Address CIS 7 e 0 0 / Property Address S \� a 0 r 3 60 Property ID# s.J o 2 - 0 LIf - k#GN:D� �. SNr-��r Address �� E 2�X 17 Property ID# 5 �E/VA 40 M C R ie r M "l-5 4t�� bi 14C--5 y'� I%A.�-zt� Address qq / ZA.% P jE—:� s- E-� z b 1 Property ID#5'^� _ O o -ovl-Deco _aooa-garb (tit S` S� DE S A+ -re) Address � � � / / d 17T7, t/ C. P I/!e GC-- I-L- (!z (/H • a 2) -3 Property ID# 3E-0a-0e /- v000 - 0 v 0 - 6-36 -oo- ci i- y3 -C Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# -D 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 Co. 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 APPLICANT VTNaL �" DATE �%�m ` 0 01 SIGNATURE OF OWNER (:S.A- DATE (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF 2 © O ACTION: DATE - APPROVAL DENIAL SIGNED: - C�^'J BZA CHAIRMAN DATE: / �� Fy AjPpmoVcD 0.7 F-r AND aRz F7- sty roe&lj% lvlfh'ly ce tlof l INC dF'r U i /AM t55u1F, 0 0 November 6, 1990 COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/667-0370 TO THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) THE APPLICATION OF: HAZEL HIMELRIGHT Variance Application #029-90 of Hazel Himelright for a 0.7 front setback variance, a 0.2 side setback variance and a 11.5 rear setback variance for a deck. This property is located at Westside Station, 1961 Kathy's Court, in the Back Creek Magisterial District and is identifed as parcel 37 on tax map 53. This application will be considered by the Frederick County Board of Zoning Appeals at their meeting of November 20, 1990 at 3:30 p.m. in the Board of Supervisors meeting room, the old Frederick County Courthouse, Winchester, Virginia.!; Any interested parties having question or wishing to speak may attend this meeting. Sincerely, 4 A), e64 RVIA-V W. Wayne filler Zoning Administrator WWM/slk 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 This is to certify that the attached correspondence was mailed to the following on November 6, 1990 from Department of Planning and Dlopment, Frederick County, Virginia: Hazel Himelright 1613 Whittier St. Winchester, Va. 22601 i 1••h"tl».i... a I••1r�ti�4t�ti`( 'Y' „ <:. ..1r1f.;i{ a:G;: filii:i`�!I::aii: 21 I 'Y'r1'r�ii*•i'r°' l...liEaii: C.l�wda4Jit! Y.ial�;; �� C)4�1�1 t::C)4.irn, Vn.t ::iFAT' i 11:1..I:::'1"'Y', & VA iyiONAFIAN , 'i"1.•l(:)MA8 V ^ .441?WTH011-41.4311%.R1 VA :I: N0 �.::''•'�} I••If1'Y'4:;1••lti::l'i �'1Sli:::i+l4.dlii: ^ #W.Wayne Mille , Zoning Administrator. Frederick County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK I, Debi D. Swimley , 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 November 6, 1990 has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this 6th day of November My commission expires on September 30, 1993 NOTARY PUBLIC 1990 0 asp. �eSfs/ae to /�fk Sfoto' . rod/ OUTLOT "A" IRF \ _EGEND 'S Iron Rod Set 'F Iron Rod Found DRAINAGE EASEMENT io C6 N CONCRETE DRIVEWAY KA THY COURT 40' R/W IRS S 89 32'18" E 54.84' IRS n�— ° ��TELE. WM PED. WOODEN L DECK W/STEPS o 00 - �. BRICK N N STOOP & SIDEWALK 9.9' N TWO STORY +cp BRICK O DWELLING LOT 38 �M LOT 37 STFCk 11,286 Sq. Ft. OTES The lot shown hereon does not lie within a designated 100 year flood plain. No title report furnished. Easements other than shown may exist. PST H OF - DOUGLAS C. LEGGE Z 3 CERTIFICATE NO. �. 1197 .N CERTIFIED LAND SURVEYOR �0 Mis 76S \ <<FR 00 - s�eo��/s/o N N 3RICK <1 -IIMNEY I N �o co \ \ IRF SURVEYOR'S CERTIFICATE I hereby certify that the information shown on thi plat is based on an actual field survey and there or no encroachments or visible easements unless showr Q Douglas C. Legge, C. .S. BUILDING LOCATION SURVEY — LDT 37 WES TSIDE S TA TION ' — SECTION 2 BACK CREEK MAGISTERIAL DISTRICT FREDERICK COON TY, VIRGINIA DATE: October 22, 1990 gilbert ENGINEERS 150—C Olde Greenwich Drive Fredericksburg, Virginia 22401 (703) 898-2115 SCALE: 1 "=30' 1 SURVEYED: October 18, 1 w. Clifford & associates, inc. — LAND PLANNERS — SURVEYORS 200 North Cameron S Winchester, Virginia 2 (703) 667—: �i co co O T O 3 N w a 0 3 N n \ W \ CD 7 \ D m Z m w N In rev ■mm • page 4 of 5 0 15. Please use this page for your sketch of the property. Show proposed and/or existing structures on property, including measurements to all property lines. Please include any other exhibits, drawings or photographs with this application. EXAMPLE Adjoining Property YOUR PROPERTY Adjoining Property Ij T r t- --1-177 a Property Line "-'-- ----------------Center of Rood RoadSHOW THESE MEASUREMENTS SWOWw 9/U 04)<- OS�D #f014ss SCJ4e � 1 0 N Lnr Cn � z .00 N H I �aii N W cV A H .. M zz v� o v] U 11Y 8K 7-A2 PG 3 T 0 THIS DEED, made and dated this 2-'a day of November, 1989, by and between WESTSIDE STATION, INC., a Virginia corporation, hereinafter called the Grantor, and HAZEL B. HIMELRIGHT, femme sole, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does grant and convey, with General Warranty and English covenants of title unto the Grantee, in fee simple, as her sole and separate equitable estate for her sole and separate use and benefit., free from any control, marital rights, curtesy rights, or inchoate curtest' rights of any present or future husband, all of which are expressly excluded, and with the full and complete power in and to the said Grantee to convey, encumber, devise, and otherwise dispose of and deal with the herein described tract or parcel of land without the necessity of joinder by and with any present or future husband, all the following described real estate: All of that certain tract of land, together with all rights, rights of way, improvements thereon and appurtenances thereunto belonging, situated in Back Creek Magisterial District, Frederick County, Virginia, designated as LOT 37, SECTION 2, WESTSIDE STATION, as the same is duly platted and recorded in the Clerk's Office of the Circuit Court of Frederick County, Va., in Deed Book 672 at page 173; and being part of the same property conveyed to the Grantor herein by deed dated February 10, 1988, of record in Deed Book 672 at page 205 in the aforesaid clerk's office. H732PG37 !. Reference is hereby made to the aforesaid instruments and (the references therein contained for a more particular (description of the property hereby conveyed. Pursuant to authority reserved in the Declaration of Covenants dated November 9, 1988, of record in the aforesaid clerk's office in Deed Book 705 at page 377 et seq., the Grantor hereby waives the provisions of Article 5, Paragraph 4 (Setback Lines) as to the lot herein conveyed insofar as they pertain to chimneys, stoops, eaves, and bow windows; except for this waiver, this conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property. The execution of this deed has been duly authorized by the directors of the Grantor corporation and nothing in the corporate charter or by-laws reserves the power unto the stockholders to convey a part of the corporate real estate. WESTSIDE STATION, INC. b y-''_�"�' [SEAL] PAR ER, Vice President STATE OF VIRGINIA COUNTY OF LOUDOUN, to -wit: Acknowledged before me this Z $ day of November, 1989 by Parnell J. Porter, who is Vice President of Westside Station, Inc., a Virginia corporation, on behalf of the corporation. 0 0 8K7 3 2 PGA 7 2 My commission expires: 0 A NOTARY PUBLIC 11IRNMA: FREDEP,10K r,'0j,?,,,4Ty, SCT. T'1"� "'StrurrhInt produced to Ml on the cZFAA .thd to record. ^"AJ CLEA 00 F page 1 of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK,_ VIRGINIA OFFICE USE ONLY- Variance Application No. - o Submittal Deadline Submittal Date For the meeting of Fee. Paid yes initials: Sign Deposit yes Sign Return Date: 1. The applicant is the owner other (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME:NAME: ADD�/R'E"S,$ (o/ � 6.c'A,77 ADDRESS: VA- 2212( 01 TELEPHONE: 7b3- TELEPHONE: 3 . ' The property his l caned Al �t: (please give exact directions) T 3°7 t�v�s s;� Sir , v /v l q 1 k' 04 l' C' o v 2 b 4, nn 7y WF9 i S/DE Si"0't-ieYJ ,DZIV& {/ 2 n Z- o /�J•5,o 4. The property has a road frontage of `. feet and a depth of a & `feet and consists' of acres. (please be exact) 4- �z �l�-�/5oJC106,�� izsr d. 5. The property is owned by7�L-7/YlL,e/G/SL1 as evidenced by deed from�/�S'7f/pg r�/UAU recorded (previous owner) in deed book no. '73c�_ on page / D registry of the County of Frederick. 6. Magisterial District: 5&"e_ ",W4 page 3 of 5 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 14 k R /- y 1- 4- SAC ICE F!� LLD �• p M M, Address ANC i 0- o U Property ID#53E —O o - v c l -0000- oaa-oa 3b'-o Address � qq S l� 0 cl �S4-C �6d Property ID#53&_06 _0000-UQaz-00LiF- Address U E 1 2� X 1� , Property ID# 6�E -pQ 1 r `tAA t I Q 014 `f 1 M C n le r M An/s Mi bJ:'-'A/c F-1 C--5 VA. ;t-74- i Address tLY q M E R /PS M# kS AAl A"C 14,5 y4 � k VA . Property ID# 5� _ p o 00-oe 1� (tip S Sz DC- S paruN; - Address 1 /T d R 74 Yi5. Property ID# b 3 E- ov - Oo I-- 53C---oo-Co/- wood-ooDa-doy3 -G Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# no