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Home My WebLink About05-91 Franklin D Garris - Shawnee District - BackfileRECEIPT IN2 023009 AMOUNT DUE $ AMOUNT PAID $ BALANCE DUE $ 4 D BY CASH ❑ CHECK El OTHER FREUE; m,,: ._ANNING AND DEVELOPMEENT P.O. PDX 601, 9 CGUR T SQUARE WINCHESTER, VIRGINIA 22601 ID ATE �fJ RECEIVED FROM ADDRESS _ �✓` �� "•'!/1�� '/L-EiI�--'".%lr.C.' (�C, THE SUM OF �� — `' DOLLARS S Lam/ FOR ,Y[-^� �''f�'/✓LX�'��' / 7 • 66 BY DAYTIMERSRE-ORDER NO. 3"ll P~ In U$A RTM/j lh 11/6/92 ALL, MONAHAN, ENGLE, MAHAN & MITCHELL ATTORNEYS AT LAW LEESBURG. VIRGINIA WINCHESTER, VIRGINIA V I R G I N I A: IN THE CIRCUIT COURT OF FREDERICK COUNTY LEWIS W. SNYDER and PATRICIA G. SNYDER, Petitioners V. CHANCERY NO. 91-164 BOARD OF ZONING APPEALS FREDERICK COUNTY, VIRGINIA, et al Respondents D E C R E E This day came the Respondent, the Board of Zoning Appeals of Frederick County, Virginia, by counsel, for substi- tution of counsel of record in this case. THEREFORE, it is ADJUDGED, ORDERED and DECREED that Robert T. Mitchell, Jr., Esq. be substituted for Douglas M. Swift, Jr., Esq. as counsel of record for the Board of Zoning Appeals of Frederick County, Virginia in this case. ENTER this -`;1b day of , 1992. bhhIN: Dou M. Sw' ft, rJ Ro e T. Mit hell, . , Esq. ., Esq. E Frederick County Cirmlit Coun Frederick County Virginia A Copy Attest: U HALL, MONAHAN, ENGLE, MAHAN & MITCHELL A PARTNERSHIP OF PROFESSIONAL CORPORATIONS WILBUR C. HALL (1892-1972) THOMAS V. MONAHAN SAMUEL D. ENGLE O. LELAND MAHAN ROBERT T. MITCHELL, JR. JOHN F. LANHAM NATE L. ADAMS, III KEVIN A. BELL JAN F. HOEN ATTORNEYS AT LAW LEESBURG, VIRGINIA P. O. BOX 390 3 EAST MARKET STREET TELEPHONE 703-777-IOSO TELECOPIER 703-771-4113 WINCHESTER, VIRGINIA P. O. BOX 848 9 EAST BOSCAWEN STREET TELEPHONE 703-662-3200 TELECOPIER 703-662-4304 November 30, 1992 Mr. W. Wayne Miller Zoning Administrator Frederick County P. O. Box 601 Winchester, Virginia 22601 PLEASE REPLY TO: P. O. Box 848 WINCHESTER, VIRGINIA 22601-0848 Re: Lewis W. Snyder, et al vs. Board of Zoning Appeals, Frederick County, Virginia, et al Dear Wayne: You will find enclosed a copy of a Decree which has been entered in the above case substituting me for Doug Swift as counsel of record for the Board of Zoning Appeals. You have indicated to me that this case is and has been dormant for a period of time, and that there is no need to initiate any action in the case. Accordingly, I will merely continue to monitor the case and advise you of any developments. With kind regards, I am RTM:jlh Enclosure Very truly yours, Robert T. Mitchell, Jr.4 A MEMBER OF COMMONWEALTH LAW GROUP, LTD. 17 11 L DEC -,sae l �) I COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/678-0682 October 18, 1991 Mr. Douglas M. Swift, Jr. 215 Sharp Street Winchester, VA 22601 Dear Doug: Please find enclosed a copy of the file for BZA application #005-91 of Franklin D. Garris. I believe we are forwarding everything that is requested in the Writ of Certiorari. If you need further information, please let me know. SIM rely, W. ayne Miller Zo * g Administrator WWM/rsa cc: Mr. Ernest W. Adams, Jr./ w/encl. N THE COURTHOUSE COMMONS ' 9 N. Loudoun Street P.O. Box 601 Winchester, Virginia 22601 0 COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/678-0682 May 28, 1991 Franklin D. Garris 1124 Cherry Hill Drive Winchester, Virginia 22601 Dear Mr. Garris : This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their meeting of May 21, 1991. Application #005-91 was approved for a 5 1/2' side variance for an attached garage. This property is located on Cherry Hill Drive in the Shawnee District and is identified as parcel 33 on tax map 54C. If you have any questions regarding the approval of this variance, please do not hesitate to call this office. Sincer y, 0), W. Wayne Miller Zoning Administrator WWM/slk. THE COURTHOUSE COMMONS 9 N. Loudoun Street - P.O. Box 601 - Winchester, Virginia . - 22601 VARIANCE APPLICATION #005-91 FRANKLIN D. GARRIS LOCATION: Right on Woodstock Lane onto Wilkins Drive, turn left onto Cherry Hill Drive. 1124 Cherry Hill Drive MAGISTERIAL DISTRICT: Shawnee PROPERTY I.D. NUMBER: Tax map 54C, parcel 33 PROPERTY ZONING & USE: Zoned RP (Residential Performance), land use - residential ADJOINING ZONING & USE: Zoned RP (Residential Performance), land use - residential VARIANCE: 5 1/2' left side variance for an attached garage REASON FOR VARIANCE: Applicant desires to build an attached garage on to the end of his home. STAFF COMMENTS: There is no hardship indicated or observed to validate this request. Inspection of this property was made on May 7, 1991 and it appears that if this garage were constructed it would greatly diminish the neighbors right to unobstructed air and light. The deed covenants for Green Acres Subdivision, Section IV, specifically restrict building any closer than 7 feet to a property line on the side. This is less restrictive than the Frederick County Zoning Ordinance but certainly shows that the original intent of the restriction was to preclude this type of proposal being made. The assertion by the applicant that he should be allowed to do this because the adjoining carport is within 3 feet of the property line is not a valid reason for approval. The carport on the adjoining property was there when the current owner purchased the house and the history of this action is unknown. It is unfortunate that these lots are so narrow but that fact is not reason enough to allow this type of encroachment. RECOMMENDATION: The staff recommends denial because of the lack of demonstrated hardship and the impact that this structure would have on the adjoining property. page 1 of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA -OFFICE USE ONLY - Variance Application No. 005-141 Submittal Deadline Submittal Date q-a 4-qI For the meeting of, ai-G Fee Paid Sign Deposit es initials: F(--- yes) Sign Return Date: 1. The applicant is the owner 2. APPLICANT: NAME: Fio ; ,, ll,-\ c G ADDRESS TELEPHONE: 3. The property is located at: other (Check one) OCCUPANT: (if different) NAME: _ ADDRESS: TELEPHONE: (please give exact directions) _jL to 4. The property has a road frontage of "� v feet and a depth of ! ' feet and consists of S te( a-OrLe-s. (please be exact) s`7 t r 1- 5. The property is owned by as evidenced by deed from �L t� s j1� w� recorded (previous owner) in deed book no. (SU on page registry of the County of Frederick. 6. Magisterial District: S k 6 -.� 2 -e p Lg(��v�oe� �z4� D Page 2 of 5 • 0 7. 21-Digit Property Identification No.: S`1e Oono �000000n L/ pp33 O 8. The existing zoning of the property is: 2, \� 9. The existing use of the property is: 10. Adjoining Property: USE ZONING North East V, t17- South West _z 1 11. Describe the variance sought in terms of distance and type. (For example - A 3' rear yard variance for an attached two car garage.) T - ''A e e.c� 14 S i U o r I e., r t C ors Ccf- L C r c- 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 O X e 9 Ye a i r e -i 13. Additional comments, if any r .y 1 A) t _j. ✓J } )i r� I f CZ U o r I 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 Address Property ID# S e 4 0 0 0' L (20 0 00004qbol Address C'l, �,,,/fi.� (r •. Property ID# s DooQ 2 o�QC�C�oO CIO 3LIQ Address Property ID# S•yCo0002OtJtQQG'3`100 0 �anD'rc` -s- ��tirb<rr� Address �I 3 C) err 3 If t D Property ID# s Ly C, 000Ooopooo `ii a F� r �y �, S r bo ••y L Address` - Property ID# S o 0 0 0 o o e o 0 0�3 y 0 a cy �' 0 Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# 1)10 page 5 of 5 is AGREEMENT VARIANCE # 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 J � 10,. 4 c,_ DATE SIGNATURE OF OWNER DATE (if other than applicant) /, Z 3 - 9 " -OFFICE USE ONLY- Q BZA PUBLIC HEARING OFF / ACTION: - D TE- APPROVAL DENIAL SIGNED."' �le� BZA CHAIRMAN DATE: page 4 of 5 • E 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 T r- tAddi—� ion 0 a 10 jProperty Line i i ----------------------=Center of Rood RoodO.SHOW THESE MEASUREMENTS y _ 7 l p,� v � c�� (LICENSE) No. , 1271 AND SURVEY: j W 0 I THIS IS TO CERTIFY THAT ON SEPTEMBER 7, 1978, I MADE AN ACCURATE SURVEY OF THE PRE- MISES SHOWN HEREON AND THAT THERE ARE NO EASEMENTS OR ENCROACHMENTS VISIBLE ON THE GROUND OTHER THAN THOSE SHOWN HEREON. S 44° 23' 00" E — 307.00 CHERRY HILL • LOT 24 �— UTILITIES RAW 201 — 70.00 N 51° 26 09 W LOT 3 3 SEC. 4 r` � GREEN ACRES ti 11,584 M SQ FT N — � o rn UNDERGROUND TEL.--\ O J I STORY BRICK L r �— w O a J a f--s.20' - 20' BLDG. LINE v z 01 N 0 S 449 23 00 ' N E — 70.00 — P — E DRIVE - 56I R/W The above plat is a survey of Lot 33 - Section 4 - Green Acres Subdivision and is the same lot conveyed to Earl J. Dyke, February 22, 1971, in Deed Book 373 - Page 472. The said Lot fronts the Northern side of Cherry Hill Drive and lies in Shawnee District, Frederick County, Virginia. Beginning at an iron pin(found) in the Property Line of Cherry Hill Drive and corner to Lot 32, the said point being S 440 23' 00" E - 307.00' from the intersection of the Property Lines of Cherry Hill Drive and Wilkins Drive. Thence with Cherry Hill Drive S 440 23' 00" E - 70.00' to an iron pin(found) corner to Lot 34; Thence with Lot 34 N 480 57' 29" E - 1?1.34' to a point in the line of Lot 24, said point being N 120 26' 22" W - 0.70' from a metal fence post; Thence with Lot 24 N 510 26, 09" W - 70.00' to a point corner to Lot 32, said point being N 140 02' 10" W - 0.25' from an iron pin(found); Thence with Lot 32 S 490 19' 30" W - 162.79' to the point of beginning. Containing - 11,584 Sq. Ft. Surveyed - September 7, 1978 MR. ADAMS: 1 VERBATIM TRANSCRIPT OF HEARING ON VARIANCE #005-91 OF FRANKLIN D. GARRIS Mr. Swift, we' 11 ask you to read the first variance. MR. SWIFT: The first variance, Mr. Chairman, is variance application number 005-91 of Franklin D. Garris. Location: right on Woodstock Lane onto Wilkins Drive, turn left onto Cherry Hill Drive, 1124 Cherry Hill Drive in Shawnee Magisterial District; tax map 54C, parcel 33. Property zoning and use: is zoned RP (Residential Performance); land use: residential. Adjoining zoning and use: zoned RP (Residential Performance); land use: residential. Variance: five and one half foot left side variance for an attached garage. Reason for variance: applicant desires to build an attached garage onto the end of his home. Staff comments: There is no hardship indicated or observed to validate this request. Inspection of this property was made on May 7, 19.91 and it appears that if this aaracae were constructed. it would greatly diminish the neighbors right to unobstructed air and light. The deed covenants for Green Acres Subdivision, Section IV, specifically restrict building any closer than seven feet to a property line on the side. This is less restrictive than the Frederick County Zoning Ordinance but certainly shows that the original intent of the restriction was to preclude this type of proposal being made. The assertion by the applicant that he should be allowed to do this because the adjoining carport is within three feet of the property line is not a valid reason for approval. The carport on the adjoining property was there when the current owner purchased the house and the history of this action is unknown. It is unfortunate that these lots are so narrow, but that fact is not reason enough to allow.this type of encroachment. Recommendation: the staff recommends denial because of the lack of demonstrated hardship and the impact that this structure would have on the adjoining property. I might say; Mr. Chairman, because this always comes up on these type of matters that the Board of Zoning Appeals of course has no jurisdiction over any change in the restrictive covenants; so that even if this Board were to approve it from the stand point of the County Zoning Ordinance, that it ought to be made clear to the land owner that they still have a problem with the restrictive covenants to deal with insofar as it encroaches in that area. MR. ADAMS: MR. GARRIS: MR. ADAMS: 2 Thank you Mr. Swift, I realize. Is someone here to speak in favor of this variance? Come on up to the podium Yes sir, I'm Franklin Garris. What is your hardship and why is your reason? MR. GARRIS: Well the hardship that I have, sir, is I'm a disabled veteran from the Vietnam War and I have suffered damages to my left leg where I was shot in the military. And I would like the garage on the side of my house so that I can get in and out of the weather during the winter time without having to go through the snow --or walk through the snow and ice without falling. I suffered twenty percent disability as a bodily function,, I was shot in the lower left abdomen which I suffered nerve damage in my left leg. MR. ADAMS: Are you aware that there is a covenant in your --in that subdivision where you can't build only so close to the line? MR. GARRIS: I seen it when they sent me the denial. I realized it at that point. MR. ADAMS: So it looks like you're going to have to get that before we can do anything. We have no power over them at all. MR. GARRIS: Then who would I have to talk to? MR. ADAMS: It would be who in the subdivision. Could one of the staff members tell me who he'd have to see? MR. MILLER: To my knowledge, Mr. Chairman, there's no one you talk to change deed covenants, those things cannot be changed. However I would suggest to this gentleman if that's what he wants to pursue, that he probably needs an attorney to look into that for him. MR. ADAMS: We have no power over that. MR. MILLER: No -sir, that has no impact on the decision this Board might make, sir. MR. ADAMS: So really, I think they've got to have that before we could do anything. MR. MILLER: No sir, not at all. r 3 MR. ADAMS: Sir? MR. MILLER: No sir. MR. ADAMS: We can go ahead? MR. MILLER: You all can act on the situation. MR. ADAMS: We can act on the situation? MR. MILLER: Yes sir, you're not obligated by the deed covenant, no sir. The deed covenant, sir, is a civil matter, the County does not enforce deed covenants. MR. ADAMS: That is your hardship? MR. GARRIS: Yes sir. MR. ADAMS: Do. you have anything else you've got to say on it? MR. GARRIS: No sir. MR. ADAMS:'- Do any members of the Board have any questions they want to ask Mr. Garris? Well thank you. MR. GARRIS: Yes sir, thank you. MR. ADAMS: Is there anyone else here to speak in favor of this variance? Any one here opposed it? Come up to the podium. MRS. SNYDER: I'm Mrs. Snyder, we live to the left of his property and I think my husband sent a letter. He had to be out of town this week on official business, he couldn't be here; but I think my husband stated all the facts that (we way) we feel. Right now we feel the houses are too close anyway. When we went to buy our home we asked the realtor if at any time, if we bought the house, if anyone could build a carport or garage onto that property. He said no. So we took him at his word and we bought the house. So then I do know that about two or three years later after we lived there the people that lived in Mr. Garris' house tried to get permission to build - a carport or garage and he was turned down. And at that time it was seven feet and now I understand it's ten. And the way,it is now we only get a few hours of sunlight on that side and we have shrubs and things beside our carport; and if there would be anything with a roof or anything put there, we wouldn't get maybe an hour's, like in the late • 0 4 afternoon. So that's the only thing, and we were told by a professional that it would lower the value of our home if they added onto their house and it was squeezed in more. So that's all I have to say against it. MR. ADAMS: Do any of you have any questions? MR. SEMPELES: Mrs. Lewis, your carport, do you have a carport on your side of your house? MRS. SNYDER: Yes we do, it was on the... MR. SEMPELES: How far is it from the property line? MRS. SNYDER: I don't know, it was on when we bought the house. MR. SEMPELES: Roughly, give me a distance. MRS. SNYDER: (Mrs. Snyder asked her husband) Five feet, something like that. But now the line is crooked. The marker out front, we own about this much, but as it goes back, it goes toward Mr. Garris' house so we get more land as it goes toward the back. And I do know that the corner of his fence that he has there now is only about two and a half feet from the line, the corner of the fence. MR. SEMPELES: Did you add the carport after you got the house? MRS.1 SNYDER: No, that was added when they built the house, it was put on at the time. MR. SEMPELES: And you're about just probably four or five feet away from the property line, would you say? MRS. SNYDER: I have no idea. I don't think we've ever measured it. MR. MILLER: I would, Mr. Manuel. I looked at the situation and I would estimate that it would average probably four feet from the property line. That's a guess on an average because the property line on that side does run at an angle from angling from a lesser amount at the front to more distance in the rear. MR. SNAPP: Were these restrictions on when this was built? MR. MILLER: The deed covenants were, but that's another matter sir. MR. SNAPP: The seven foot. • MRS. SNYDER: MR. SNAPP: MR. MILLER: 5 The seven, I think. The seven foot restriction was on at the time? To my knowledge it was, yes sir. MR. SEMPELES: Well like it said, it said the history of the house- -any action is unknown. You'd have to go back into history to find out how things were developed, so that's going to be difficult to find out that history. MR. ADAMS: Any other questions? Thank you. Mr. Garris do you have something you want to say? MR. GARRIS: Yes sir, I do. In reference to what Mrs. Snyder said --I measured the line, I drew a line from the stake post from both ends. Their carport from the adjoining line, in other words, to their slimmest point to the line, is like two and a half feet from the property line and the five and a half foot variance that I'm trying to obtain, I took that from, in other words, the possible shortest distance. In other words as she says, the property line does go at an angle, but that five and a half foot that I needed was because I was setting it beside my house. I mean, I could move it down toward the driveway toward the front of the road, but in other words, the five and a half foot I took was actually the slimmest point from that line. The slimmest point from her carport to the line is two and a half feet. I have the paper in my briefcase that, the survey of the land, that.shows exactly. MR. ADAMS: Okay. Thank you very much. Does anyone else here oppose this variance? MRS. SNYDER: Could I add something? Mr. Garris told you all that the reason he wanted the garage was because of his disability. He's been talking to my husband the last two years about adding to it and he said, he told my husband, the reason he wanted the garage was to get his one car in out of the weather which they very seldom drive. So, this is the first I've heard this today is the reason for the garage, so I just thought I'd add that. MR. SEMPELES: How long have you been in the house Mr. Garris? MR. GARRIS: I've been in that location, sir, for four years. R MR. ADAMS:- Anyone else want to speak in favor or against this variance? MR. MILLER: Mr. Chairman, I have the letter from Mr. Snyder. Would you like me to read that and make it part of the record? MR. ADAMS: I was just going to ask you to read it or put it in the record --go ahead and read it. (Mr. Miller read the letter. A copy is attached.) Anyone else want to speak? Mr. Swift, do you have anything you want to say? MR. SWIFT: No, I'm just adjusting my glasses. MR. MILLER: Mr. Chairman, if you all desire to make this part of the record, I suggest you make a motion to that effect. MR. ADAMS: Do I hear a motion to make this letter a part of the - record? MR. GARRETT: So move. MR. ADAMS: I think that's all we'll have to have, a motion to make it a part of the record. MR. MILLER: You should vote, sir. MR. ADAMS: Okay, we have a motion to make this letter a part of the records. Is there a second to that motion? MR. WAKEMAN: I'll second it. MR. ADAMS: Okay, it's been moved and seconded that we make this letter a part of the records. Mr. Snapp, how do you vote? MR. SNAPP: MR. ADAMS: MR. WAKEMAN: MR. ADAMS: MR. GARRETT: MR. SEMPELES: Yes. Mr. Wakeman? Yes. Mr. Garrett? Yes. Yes. r 7 MR. ADAMS: I vote yes, so it is part of the records. No one else to speak in favor or against this variance? I'll entertain for a motion. MR. GARRIS: May I ask a question? This deed was dated the tenth day of 1965 in September. It states in here that nothing shall be within seven feet of the line. How do you account for the carport? MR. SWIFT: Good Question. It would appear to me that somebody has violated the covenants when they built the house. It wasn't against the.zoning ordinance at the time because that predated the zoning ordinance, but the covenants still would have applied. They had a problem like that in one of the subdivisions, I recall, they finally got everybody to sign off and back off on it because one of the builders built too close to another house. MR. ADAMS: I would call for a question or a motion. MR. WAKEMAN: If there is a roof put over the fence that they presently have, it would be the only difference because they got a fence approximately six feet high now and its practically closed. They only difference it would be, a roof, and they got trees all the way around it. Really, there would be so little difference that I can't see how it would affect it. MR. ADAMS: okay, I'll call for a motion. MR. SEMPELES: I make a motion that we deny this request. MR. ADAMS:- A motion has been made to deny this variance by Mr. Sempeles. Is there a second to that motion? (pause) I feel that there has been ample time for a second, so the motion dies from lack of a second. We'll put it back on the floor for a motion again. MR. WAKEMAN: MR. ADAMS: MR. GARRETT: MR. ADAMS: MR. SNAPP: I make a motion that we approve this. Motion has been made by Mr. Wakeman that we approve this variance. Is there a second? I second the motion. A second by Mr. Garrett. Snapp, how do you vote? Yes. I' 11 call for a vote. Mr. 0 Ell MR. ADAMS: Mr. Wakeman? MR. WAKEMAN: Yes. MR. ADAMS: Mr. Sempeles? MR. SEMPELES: No. MR. ADAMS: Mr. Garrett? MR. GARRETT: Yes. MR. ADAMS: And the chair votes no, but it is approved. (end of discussion on this variance.) , E May 9, 1991 County of Frederick Zoning Administrator Attn': W. Wayne Miller 9 Court Square Winchester, VA 22601 Dear Mr. Miller: Thank you for stopping by and speaking to my wife concerning Variance Application #005-91 of Franklin Garris for a 52' left side variance for an attached garage. I wanted to explain that I must be in Georgia on official business when the meeting is scheduled on May 21, 1991. My wife will try to be there to express our objection. When we purchased our home in May 1971 the realtor advised us that there would never be any additions added to -the left.side.of the house on parcel 33. This influenced us to.go on and purchase our home. We had reservations since the homes were so close together. Now they are trying to change the ruling. I have the following objections to this variance application: a. It would change the zoning or variance from what I was advised when our home was purchased. b. It is too close to my home, not only presenting a safety problem; but the appearance of my home would be affected. c. With a roof and attachment so close to my home it would block the sun and light from shining in on my flowers, shrubs and grass located on the right side of my home. I ask you to express my concerns to the other members that must decide this issue and please let us know when it is decided. This really has little bearing on the neighbors, because they are far removed from the consequences that this variance change would inflict on my home. Very Truly Yours,(�� Lewis W. Snyder 1118 Cherry Hill Dr. Winchester, VA 22601 667-8494 0 0 May 7, 1991 COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/678-0682 TO THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) THE APPLICATION OF: Franklin D. Garris Variance application #005-91 of Franklin D. Garris for a 5 1/2' left side variance for an attached garage. This property is located off of Wilkins Drive on Cherry Hill Drive in the Shawnee District and is identified as parcel 33 on tax map 54C. This request will be considered by the Frederick County Board of Zoning Appeals at their meeting of May 21, 1991 at 3:25 p.m., in the Board room of the old Frederick County Courthouse, Winchester, Virginia. Any persons having questions or wishing to speak may attend this meeting. Sincerely, W. Wayne Miller Zoning Administrator WWM/slk THE COURTHOUSE COMMONS 9 N. Loudoun Street - P.O. Box 601 - Winchester, Virginia - 22601 • • This is to certify that the attached correspondence was mailed to the following on May 7, 1991 from the Department of Planning and Development, Frederick County, Virginia: (;ArZRI'S, F—R-ANK1...IN DALE-. 1.1.24 CHERRY H:1:1._L.. DR. W:I:NC,1-4E::S'T'1:-rR, VA 22601 FaR}C, w 4 "'32 '3NYT5E:1:;, 1...[W:i:£-3 W. & F*ATTF.'.VC:IA G ii1.6 CFikERRY HI:L..I... Y)R1:VE% W:I:NCIHF:S TE::Fi, VA. .? :260 :1. _.. H11...1_.3, KE:VIN 'i & i"ALJI...A RFtY i 1.:30 C:HE::RRY 1•11 i_.L_ DR:I: VE:. W.T.NC,HE*:STE-F:, VA 154C: 2 4 24 131.)HNE::Fi, SHEi:FiHAN J, & E::I...L..E::N C:. i1.65 C-)(.E:NIC CIRC.:L.IK WINC.HE:f,i'TEr: , VA. 5 4C. HUNTSEirt-: RY , SANDROt J . 1.1.:33 CHERRY W3:NCHE::C:)'T'F.Fi, Vn. STATE OF VIRGINIA COUNTY OF FREDERICK X4 47 22601..._ 54C; 2 4 46 F-311:�EIA .1GFI , F0F' F E:G3T E:: _ JIB. 1. 1. "<27 C' IE RFi:Y 1-1 1:1...1... Wk ., WINC;HEGIFJ: , VFW.. W. Wayne Mil Frederick C2 r, Zoning Administrator my 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 May 7, 1991 has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this 7th day of May , 1991. My commission expires on September 30, 1993 NOTARY PUBLIC 6NT. ANUN:RBON LARiUCK �. OtxK TO 'IT LAN i THIS DEED OF DEDICATION made and dated this 10th day of September, 1965, by and between James 'r : 1kins , Inc., a corpora tion organized under and pursuant to the laws of the Commonwealth of Virginia , party of the first part; and the City of Winchester, ! Virginia, and the County of Frederick, Virginia, parties of the :second part. WHEREAS: The said party of the first part is the owner in fee simple of all of that certain property designated as Creenl Acres, Section Four, a Subdivision, lying and being situate 'Torth of the Senseny Road, in Shawnee Magisterial District, Frederick Count Virginia, more t y, g particularly described by that certain PI-3c { and survey prepared by Richard U. Goode, C. S., dated July 9, 196�, and now wishes to subdivide the said property in accordance Nith Chapter 23 of the Code of Virginia, as amended, and to dedicate the streets and easements as shown on the said plat to the City of Winchester and to the County of Frederick, Virginia. NOW, THEREFORE, WITNESSETH: That for valuable cons ider.1- tion and the benefits that will accrue by reason of this Dees? of Dedication, the said party of the first part, with its free con- sent and in accord with its desire tc subdivide the here i.na f ter described property, does hereby dedicate to the City of 4: nches ter. and to the County of Frederick, Virginia, for public use, an o i the streets and easements shown on the plat of said property , which is more particularly described by plat and survey dated i { July 9, 1965, prepared by Richard U. Goode, C. S. , hereto attached, and by this reference made a part of this Deed of Dedication, ;:he i BOOK U ' P;,CE said property being the same land conveyed to the said party of the first part by four separate Deeds, namely: from Leroy White, et ux, dated August 29, 1964, of record in the Clerk's Office of the Circuit Court of Frederick,County, Virginia, in Deed Book 302 Page 689; from Alma S. Lamp, et als, dated September 3, 1963, of record in the aforesaid Clerk's Office in Deed Book 293, Page 124 from Ruth Lewis, Widow, dated July 26, 1965, of record in the aforesaid Clerk's Office in Deed Book 313 Page �• g , and a portio of the property conveyed by Deed of James R. Wilkins, et ux, date April 1, 1961, of record in the aforesaid Clerk's Office in Deed Book 276, Page 515, to which deeds reference is made for a more particular description. This conveyance is made subject to the following cove- nants and restrictions which shall be considered as covenants,real running with the land and shall be binding on all subsequent owne s thereof, enforceable by the said party of the first part and any purchasers therefrom: 1. No dwelling house shall be constructed on any lot a a cost of less than $159000.00 based on Bureau of Labor Cost of Living index as of this date, July 1, 1965, exclusive of lot cost nor having a foundation area of less than 1000 square feet, or 1250 square feet, including carport or garage, or 1800 square fee for a two-story or split level home developing both floors. 2. No dwelling house or other building shall be con - strutted on any lot nearer than 15 feet to the front line thereof nor nearerr-than 7 ^eet to either side,or the back line there of. - 2 - 0 AT LAW bou CJ p,,,rr 624 3. No fence more than 4 ft. 6 inches in. height may be constructed on any lot. 4. All sewage disposal and water supply sha"l ti be by the City of Winchester public facilities, or other facilit4es 1 J .approved by the Winchester -Frederick County 'Health Department, ,or other governmenta'l department having jurisdiction. S. No livestock or other animals, except hotse-,,! hold pets, may be kept or maintained on Any lot. 6. No trailers or temporary type dwellings may 1, Ise constructed or maintained on any lot. 7. No easements' of right-of-ways"'may be J granted across these lots without permission of the developer, his heirs and assigns. 8. The developers or any architectural committee appointed by them reserves the right to review and reject any, and all plans for proposed houses, or structures, and only single family dwellings will be approved. 9. No mining or drilling operations for oil, minerals, etc. will be allowed on these lots without the permission of the developer, his heirs and assigns. .10. No lot shall be used for storage of ..trash, rubbish, debris, excessive old cars,.or-other types of junk. All cars stored on lots must have State inspection certificates. It is expressly stipulated that each and every lot in said Subdivision is, and shall be conveyed, subject to a reservation of'a 10 foot easement along the front • 0 BOOK P1,CE 62 thereof for power line, telephone line, gas main or other utilities, fzVD===; and further that all lots of said subdivision is, and shall be conveyed subject to easements as shown on said plat. WITNESS the following signature of James R. Wilkins, Inc.4 by its President, James R. Wilkins, and its seal duly affixed and attested hereto by its Secretary, M.B. Wilkins, this date first above written: J \ - S R.�jaLIL INS INC. Prey -dent .. Attest: Al Secretary STATE OF VIRGINIA, COUNTY OF FREDERICK, I, , a Notary Public in and for the County and State aforesaid, do hereby certify that James R. Wilkins and M.B. Wilkins, President and Secretary ,respec'--ively, of James R.Wilkins, Inc., whose names are signed to the fore-oi writing, dated September 1965, have personally appeared —Z�A 2 before me and acknowledged the same in my County and State aforesaid. LAW OFFICES SWIFT & BUCHBAUER, P. C. 2 6 lGgi 215 SHARP STREET WI NCHESTER, VI RG I N IA 22601 L- DOUGLAS M. SWIFT,JR. POST OFFICE DRAWER 690 PETER W. BUCHBAUER AREA CODE 7O3 TELEPHONE 662-0003 June 26, 1991 Wayne Miller, Zoning Administrator Frederick County Department of Planning and Development 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 RE: Lewis W. Synder and Patricia G. Synder v. Frederick County Board of Zoning Appeals Chancery No. C91-164 Our File Number 91-0303 Dear Wayne: Enclosed herewith is a copy of a Subpoena in Chancery with a Petition attached thereto. Copies of the documents were served on me on Monday, June 24th, and I understand that copies were served on Mr. Adams on Thursday, June 20th. I do not know how the County wishes to handle this matter. In the past, I have represented the Board of Zoning Appeals with reference to litigation, however, I have had a clear understanding that any litigation work would be at an hourly rate over and above our fee for services rendered in conjunction with the regularly scheduled hearings and routine work in conjunction therewith. My present hourly rate is One Hundred Ten Dollars ($110.00), and I would be willing to represent the Board of Zoning Appeals on that basis. Regardless of who handles the litigation, the responsive pleadings must be filed no later than July 11, 1991. I expect to be out of the State from July 8th through July 16th, and would very much appreciate (if possible) hearing from you as to whether you wish us to do the work no later than the end of the day this Friday, June 28th. The documentation clearly indicates that nobody associated with the Frederick County Board of Zoning Appeals, with the exception of Earnest Adams and myself, have been served. It would be my recommendation that you make copies of the Petition for each of the members of the Board of Zoning Appeals and for the County Administrator. E June 26, 1991 Page -2- Yours very sincerely, tiL� glas M. Swift, Jr. DMS/hrw Enclosure cc: Earnest Adams P.S. Wayne: Please note the prayers contained in the Petition, particularly the one requesting a full and complete record of the proceedings with reference to BZA Variance Application No. 005-91 including, but not limited to, Verbatim Transcripts of the public hearing and meeting held on May 21, 1991, and any other hearings and meetings held in connection with the said Variance Application. You probably ought to have these worked up as soon as possible. Yours very sincerely, as M. Swift, Jr. DMS/hrw a 'Sets by 005_q i &*jeLT page 2 of 5 .510I— "r%L5 0 CqLxo t `+ Sus � c q 2X3 7. 21-Digit Property Identification 8. The existing zoning of the property is: P \� 9. The existing use of the property is: esL- 10. Adjoining Property: USE ZONING North East V, Y South West e 11. Describe the variance sought in terms of distance and type. (For example - A 3' rear yard variance for an attached two car garage.) i -� tizec i4 S i UOf' C� nr. 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 �) ff 0 C. X e--4' �Q 13. Additional comments, if any vex y� a c:? -y i� w}., c `� 1 /i �yi ; r -+ i n �, �� r t 1 Gi U o r � c �-• � �, i,\ c S i'- C`� r D c :J! i.� V (, } `�l u�o �': I y L ! '�. 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.) Address 11)$ C��tr ii.l.l '� Property ID# - �� 3 S (L0000� OOOuoO 1'Yti Address C� err /f,T ( v� •• Property ID# 00oo20tp00OL yC Address Property ID# SyC. A a s`1 COGOO2O000%3v�`J 00 �`70 Address Property ID# _ g� `f 7 s 0000�Oc0000� y ac 4/? C Address / 12 7 C� e Y r )+% l \ IJ Property ID# S It C' a -�`1 C0000�oocoOC»�JO�`-1�'U Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# xf�a"11 a • 0 "'OK � 20 NAG' Ql 0