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HomeMy WebLinkAbout31-90 Gene E Fisher - Shawnee District - BackfileT N2 022-1;1*2 AMOUNT DUE AMOUNT OUN BALANCE DUE PAID BY CASH CHECK 1-1 OTHER Ff? ;,. I IOF PLANNING AND DEVELOPMENT P.O. csuA uu1 e y i,uuh+ SQUARE WINCHESTER, VIRGINIA 22601 DATE ^ / ' 6 � - RECEIVED FROM �• (J v ADDRESS _ THE SUM OF FOR 5 2J : G DOLLARS $ eZ DAY -TIMERS RE -ORDER No. 3221—Printed in USA COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/667-0370 January 16, 1991 Gene E. Fisher 3901 Bush Drive Winchester, Virginia 22601 Dear.Mr. Fisher: ` This letter "is to confirm action taken by the Frederick County Board of Zoning"Appeals at their meeting'of January 15, 1991. Variance application #031-90 was approved for a 25' front setback variance for a two car garage. "This property is located five miles east of Winchester on the south side of Route 50'in Deerfield Estates in the Shawnee Magisterial District and is identified as parcel #4 on tax map 77. If you have any questions regarding this approval 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 VARIANCE APPLICATION #031-90 GENE E. FISHER LOCATION: 5 miles east of Winchester on the south side of Route 50 in Deerfield Estates MAGISTERIAL DISTRICT: Shawnee TAX MAP & PARCEL NO.: Tax map 77; Parcel 4 PRESENT ZONING & USE: Zoned RA (Rural Areas), land use - residential ADJOINING ZONING & USE: Zoned RA (Rural Areas), land use - residential and agricultural REASON FOR VARIANCE: The applicant states putting a garage at another location, due to the lay of the land and location of the existing house, would not be convenient. VARIANCE: A 25 foot front setback variance for a two car garage is requested. STAFF COMMENTS : This application was tabled by the BZA at their December 18, 1990 meeting in order to allow review of the site by Board members. Staff comments remain the same as those presented at the December meeting, despite some dispute from the applicant about the points raised, and are repeated below. The minutes of the December meeting recap the points.of contention. Article IV, Section 4-4-3 requires a 60 foot front yard setback. This application is requesting to place a garage in this setback zone. A visit to this property was made on December 6, 1990. It maybe convenient to put a garage in the front setback zone but it would be out of character with the neighborhood. Placing a garage in the front setback zone in a five acre rural subdivision would be most inappropriate. Inspection of this sight revealed that there is plenty of open land available on this property and the land is very gently rolling. There are absolutely no valid reasons that this facility could not be built at another location on this property where it would not project into a required setback zone. There is no hardship indicated or proven with this request. There would probably be minor inconveniences in relocating this site but they 0 1] Page -2- Fisher Variance would not be of major consideration. In fact, the lady of.the household said that the main reason for wanting to put the garage in the proposed location was so that it would not spoil their view from the dining room window. A garage could easily be placed on this property at other locations. RECOMMENDATION: The staff recommends denial of this request because it does not meet the parameters of the code and no hardship is indicated or proven. BZA ACTION OF 12118190: Tabled unanimously. page 1 of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA w° , � F -OFFICE USE ONLY- "M Variance Application No. Submittal Deadline d-a/-9 0 Submittal Date NcQ g,jgg6 For the meeting of Fee Paid yes initials: Sign Deposit yes Sign Return Date: 1. The applicant is the owner 2. APPLICANT: NAME: some- L Z3411 e r­ ADDRESS 3 0/ ezesh /J --. TELEPHONE: 1 other (Check one) OCCUPANT: (if different) NAME: _ ADDRESS: TELEPHONE: 3. The property is located at: (please give exact directions) 74" xty r1-7c, "�� 1c/ GC�i•� PS ��-- an /Qf S-O �a s7'` , Sou �-z sl�F � ?C iPf - S� 4. The property has a road frontage of feet and a depth of 5� 3.q(a feet and consists of acres. (please be exact) 5. The property is owned by 6�-, �, qt /w as evidenced by deed recorded (previous owner) in deed book no. 41?y on page Sf registry of the County of Frederick. 6. Magisterial District: page 2 of 5 7. 21-Digit Property Identif ication No.: -)']QQQ 06�1O6:56� 04!�60 00:*6 8. The existing zoning of the property is: AAC-A- 9. The existing use of the property is: �c�siGCEv? /IQ 10. Adjoining Property: USE ZONING North ot.Sic&I77a ek East 04 South ;cu/hcra West An 11. Describe the variance sought in terms of distance and type. (For example - A 3' rear yard variance for an attached two car garage.) v 4! ri"5en t c? 70 �— cc `74Z�10 12. 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 immediately adjacent thereto p a 104 O rF Utz llAt o za orb 13. Additional comments, if any page 3 of 5 . 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 ,DuVI,Y ` Address VC,, 2L&u Property ID#7?��y/p©pG�pptjp��pSO Address 37C)O SUSA brl Vri, 2.2601 PropertyID# �70�0000�oc�c JulIe� Roo qc- 00 Address /30 Property ID#77Op00©41OC� Z O a Address Sgp! �u5li fir-,%l�2Gl2�s/ems! V� . ZL�C�J Property ID#77�©O/�DOc�E.b00 ©OZJU g-,j,7JaIJ, Enso?,oxzo Address Va 371j & (',—, � �s r-� , 2_2eo Property ID#77Q©p,400 U0000000 CPO 2-90 �O n� %9� �rarlr�is Al, ,BicS� Address 3910 6ccs i �'% llJlrcrl-ces�� V,2260 Property ID#7ZoOD/9Qp �Z-% Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# I SSy` ;OOO'' i" S1/7'OZAA 1"W page 5 of 5 40 0 AGREEMENT VARIANCE # 631- 90 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-u-e_ DATE SIGNATURE OF OWNER _ (if other than applicant) -OFFICE USE ONLY- DATE BZA PUBLIC HEARING OF S - 9/ ACTION: ATE - APPROVAL DENIAL SIGNED: u BZA CHAIRMAN DATE: L /�_ 0 0 REFERENCE: VARIANCE APPLICATION #031-90 We the undersigned have no objection to the 25 foot variance being requested by Gene Fisher at 3901 Bush Drive. In fact we believe the proposed location of the garage is the most logical in keeping with the character of the neighborhood and represents the optimum increase in property values. 3 J9v 3(?7z- Mai fir. �863 �ac�en- 3921 gib/ 13, Vo /6%� "69 so 't34 89 SGB:js 2417 3-29-78 ft I �_ . #935 ROLAND D. BUSH ET UX. TO .. .. DEED GENE E. FISHER ET UX. C"n 4L,49 69 THIS DEED made and dated this Jn' day of 0nC( {- , 191� , by and between ROLAND D. BUSH and GRANIS N. BUSH, his wife parties of the first part, hereinafter called the Grantors; GENE E. FISHER and MARY B. FISHER, his wife, parties of the second part, hereinafter called the Grantees; BENJAMIN M. BUTLER, Trustee) party of the third part; and THE COMMERCIAL MID SAVINGS BANK, of Winchester, Virginia, party of the fourth part. WITNESSETH: That for and in consideration of the sum of Ten ($10.00) Dollars, cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknow- Iledged, the Grantors do hereby grant and convey with general warranty of title unto the Grantees, in fee simple, as tenants by the entirety with common law right of survivorship, all of that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, lying and being situate in Shawnee Magisterial District, Frederick County, Virginia, about 5 miles Southeast of the City of Winchester, -Virginia, containing 5.012 acres, together with a certain 60 ft. right of way for ingress and egress to and from U. S. Highway No. 50; and more particularly described as Lot 4 on the final plat of Deerfield Estates, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 476 at Page 355; and being a portion of the same realty conveyed to the Grantors herein by deed dated May 3, 1977, from James L. Hooper, et al, of record in the aforesaid Clerk's Office in Deed Book 472 at Page 816. Reference is made to the aforesaid plat and deed fog a more particular description of the property herein conveyed. This conveyance is made subject to all easements, rights 1110CHK AND AUTLan of way and restrictions of record affecting the subject property, TO wTRKISY. AT [wM wwMr..r.a V`..aoi and particularly those set forth in the Deed of Dedication. of 11 SOUTH G4194011 .TSSS? Deerfield -Estates, dated June 24, 1977, of record in the afore saic I CKEE A1fD 1,3" ER wrroaxsrs nr :rr olcassr=n. VA_ 22001 11 /OVTN G►a{r10N IT11{{T aeu 489 Fnu 90 Clerk's Office in Deed Book 476 at.Page 348, and by this reference made a part hereof as if set out in full. The property hereby conveyed is subject to a Deed of Trust dated May 3, 1977, securing an indebtedness of the Grantors herein to the party of the fourth part herein, of record in the aforesaid Clerk's Office in Deed Book 472 at Page 821, wherein (Benjamin M. Butler, et al, are designated Trustees, either one or (both of whom may act for any purposes, including release purposes. The party of the third part as Trustee under the Deed of Trust and at the direction of the party of the fourth part, and the party of the fourth part, as secured party and present noteholder, do together join in this Deed, hereby releasing the parcel herein conveyed from said Deed of Trust, but reserving the lien of said trust against any parcel not released hereby or previously relea The Grantees join in the execution of this instrument creating a covenant real that they, their heirs and assigns will not grant right of ways for purposes of egress and ingress to other land over the subject land herein conveyed. The Grantors do hereby covenant that they have the right to convey to the Grantees; that the Grantees shall have quiet and peaceable possession of the said property, free from all liens encumbrances; and they will grant such further assurances of title as may be requisite. WITNESS the following signatures and seals: ' 1 (SEAL) L D: BUSH , IV,,,wv -N (SEAL) GRANIS N. BUSH _ �_-� T•-�-s (SEAL) GENE E. FISHER 1 �%�aQ - / �� C._ ���z/` (SEAL) MARY B. FISHER - 2 - MCHRIC AND BUTLBa wrroaXsT* AT L►w NuCMXWMA. VA. 22WI t, $our" cuwwpw *TnKffT n J if (SEAL1. STATE OF VIRGINIA eoc&* 4809 W'z 91 G —/ �91 ,. BUTLER, YAUSTEE rfHE COM14ERC :3 w AND SAVINGS BANK 91 (SEAL)I County OF Frederick . To -wit: I, Agnes F. Gennious , a Notary Public in and for the State and Co„nt, aforesaid, do hereby certify t ROLAND D. BUSH and GRAMS N. BUSH, his wife; GENE E. FISHER and MARY B. FISHER, his wife; and BENJAMIN M. BUTLER, TRUSTEE, whose t names are signed to the foregoing Deed, bearing date of March 3001 1978, have personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this 31st day of March 197 . My Commission expires August 30, 1981 1. NOTARY PUBL STATE OF VIRGINIA OF���,�/( , To -wit: • I, �/Lt_�/Q ;��=1����^,,ti, a Notary Public in and for the State and 1,, aforesaid, do hereby certify that �1V„ Qn who is �,� . ,, )_ of THE COMMERCIAL AND SAVINGS BANK, and whose name is signed to the foregoing Deed, dated y7%Qlel-) 'i')1 rfg , 1978, has personally appeared before me and acknowledged the same in my State and aforesaid. Given under my hand this'N' day of 1978. My Commission expires 11a K�'A 67, UB y:RGINIA FREDEFUCK COU.171Y, SCT. Th L'1£fru ner.t Gf 1'r71fiI1 ytic'.S IocjLcc to Lie on tho 4 P dyy of and Vitas certiii=--te of a_kao•.•ilarig m-_:.t t4er.fo oanexod was admitted to reco:3. Ta:: uq Sac. 530'64.1 of $ 16 , amd 5..54 hays burn paid, if assessable. / �. 1,(�� � t ✓� .� Clerk. PLANNING COI'NTY OF FREDERICK 9 COURT SQUARE R O. Box 601 WINCHESTER. VIRGINIA 22601 Paul & Mary J. 3911 Bush Drive Winchester, Va. Enso 22 L 1'•�--ems �,� —.� i; c C IrID J:AN4 1991 U a COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/667-0370 January 2, 1991 TO THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) THE"APPLICATION OF: Gene E. Fisher Variance Application #031 90 of Gene E. Fisher for a 25.' front setback variance for a two car garage. This property is located 5 miles east of Winchester in Deerfield Estates in the Shawnee Magisterial District and is identified as parcel 4 on tax map 77. This application will be considered by the Frederick County Board of Zoning Appeals at their meeting of January 15, 1991 at 3:30 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, V vr" W W. Way�ler Zoning Administrator WWM/slk 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 page 2 of 5 • � • -,I- .. IO / 7190 7. 21-Digit Property Identification No.:77O0D 00�106n'6 06fo 000e16 8. The existing zoning of the property is: EUXAL AAGA, 9. The existing use of the property is: 10. Adjoining Property: USE ZONING North �5ae',4.7 East esf e"I !e South West es/` p17-7 ',a 11. Describe the variance sought in terms of distance and type. (For example - A 3' rear yard variance for an attached two car garage.) ,�/ f7 �.� �� se a V4ri�rs7t� Tr � �ccio u,— �a.r�z , 12. 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 immediately adjacent thereto fl-7 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.) atm Address z�%� �LcSh �r'i/�'rtcftes4� Va, 22&c Property ID#�?�j�ap�!©pOG10pOdOCaaOSO Address 3%C�OQuS� D�-� L(/�hc��si� V6, 2260/ PropertyID# 77Ca000o�OC�O/C�30 c�h JuIte� �oorrE Address z�� r-�,Pr- � G!%/��l�c�s ,-� (%, Z2L(i Property ID#77000(VOVOGC--r'ocDoOc2D�o Z O (/ Address 3qU! QuSL, L),, �irtcfies�r-j Vo , 7_Z�oJ Property ID#7 7 OOO�DD �OOOOOC90 �� ZS'O ��'laryJ, Address ,j`j// V , 2 ZOO Property ID#77OOp �0Oap�Qp mp290 �o mod' �9` �ranrl/s Al, c�cc5% Address 3g10 6ces/� ��': GCJircc`zes�� V, 22A(�o Property ID#770004QO CCZCJ Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703 / 667-0370 December 4, 1990 TO THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) THE APPLICATION OF: Gene E. Fisher Variance Application #031-90 of Gene E. Fisher for a 25' front setback variance for a two car garage. This property is located 5 miles east of Winchester in Deerfield Estates in the Shawnee Magisterial District and is identified as parcel 4 on tax map 77. This application will be considered by the Frederick County Board of Zoning Appeals at their meeting of December 18, 1990 at 3:30 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, vv 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 was fled to the following on December 4, 1990from, Department of Planning and De*pment, Frederick. County, Virginia: (..— — -- -- �{?{�{)01C 3<3t {Xt- --- -!2640ALP...Gi:Yi.Jq VPIK '::Y�i>{y 4t.1#31••9 X'ri�., a I ..aYliE:i'i, Vim•, VA Paul ? K�t.!!+ltiEi:t...i..., XA�'itl:P:X? I.... i &Mary J: Ensogna ;tf#E3ta' i. II)A(:1P{#3(7N X)R., 3911 Bush Dr. VA, Winchester, {11 Va. 22601 X'4s� r401...nPx) x . i' VA. I. +' David &Darlene Burrell -2°:?t,{'1,.... � 2891 Bush Dr. Winchester, Va. 22601 -- -T— s .roo ?fi){} 'i•00-0{?t?C>00,000, fit YIEWa1RI', iE::4414TEK R.I. h L..#.ItXIS:3l... W. Y°a�UC1 7F:41.liiiP I Dr.", aW i:PP#::P•.ii::•a.>"fi:P�, VGL VPt. Marilyn J. Roane 2008 Garber Rd. Winchester, Va. 22601 �7A '" W: Way«c r4iZle,r., Zoning Administrator Frederick County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK Ir Debi D. Swimley ; a Notary Public in and for the state and count aforesaid" do'hereby' certify that W.'Wa ne Miller Zoning Administrator for Y � Y Y Y � g the Department of Planning and Development•, whose name is signed"to"the foregoing, dated December 4, 1990 , haspersonally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this 4th day of December $1990 . My commission expires on September 30, 1993 NOTARY PUBLIC PLANNING COUNTY OF FREDERICK 9 COURT SQUARE R O. Box 601 WINCHESTER, VIRGINIA 22601 Paul & Mary J. Ensogna 3911 Bush Drive Winchester, Va. 22601 RETURN TO WRITER 40't DELIVERABLE AS ADDREsar 40 FORWARDING ORDER ON P'1! J.S.POSTAGE DEC-4'90 ^ I \ 0 .L 5 L� December 4, 1990 COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/667-0370 TO THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS) THE APPLICATION OF: Gene E. Fisher Variance Application #031-90 of Gene E. Fisher for a 25' front setback variance for a two car garage. This property is located 5 miles east of Winchester in Deerfield Estates in the Shawnee Magisterial District and is identified as parcel 4 on tax map 77. This application will be considered by the Frederick County Board of Zoning Appeals at their meeting of December 18, 1990 at 3:30 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 •�V--t� W. WayneerMililler Zoning Administrator WWM/slk 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/667-0370 January 2, 1991 TO THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) THE APPLICATION OF: Gene E. Fisher Variance Application #031-90 of Gene E. Fisher for a 25' front setback variance for a two car garage. This property is located 5 miles east of Winchester in Deerfield Estates in the Shawnee Magisterial District and is identified as parcel 4 on tax map 77. This application will be considered by the Frederick County Board of Zoning Appeals at their meeting of January 15, 1991 at 3:30, 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. Waynller. Zoning Administrator WWM/slk 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 r This is to certify that the attached correspondence was m led to the following on from t*epartment of Planning and Dev4ment, Frederick County, Virginia: Roland D. & Grannis N. Bush Gene E. Fisher 3910 Bush Drive 3901 Bush Drive Winchester, Va. 22601 Winchester, Va. 22601 David and Darlene Burrell 2891 Bush Drive Winchester, Va. 22601 Ernie R. & Louise W. Stewart 3900 Bush Drive Winchester, Va. 22601 Marilyn Juliet Roane 2008 Garber Road Winchester, Va. 22601 Mary Baker Fisher 3901 Bush Drive Winchester, Va. 22601 Paul & Mary J. 3911 Bush Drive Winchester, Va. STATE OF VIRGINIA COUNTY OF FREDERICK Ensogna 22601 . Wayne Mille , ZonirTg Administra or Frederick Cou y Dept. of Planning 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 January 2, 1991 , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this 2nd day of January , 1991 My commission expires on September 30, 1993 L&�� L r NOTARY PUBLIC