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HomeMy WebLinkAbout19-90 Donald E McFarland - Gainesbro District - Backfile*. oP ?)AI lb sr, A RECEIPT 022925 AMOUNT DUE $ '7� . AMOUNT PAID $ U.(/ BALANCE DUE PAID BY ❑ CASH "`-fCHECK l OTHER � 3a� FREDUCK COUP' Y DEPT. 01 PL itiP� NG AND DEVELOPMENT _,....P.•C:• EDOX 601 * I OOURT SQUARE W NCHEST R, Vi2GiN1A 2-601 • (703) 665-5651 RECEIVED FROM ADDRESS THE SUM OF DOLLARS $ 7v • C)O DAY -TIMERS RE -ORDER No. 3221 —Printed in USA Upon submittal of your completed application, a sign will be issued • to you for a fee of $25.00. This deposit will be refunded within five (5) days after the sign is returned. AT LEAST SEVEN (7) DAYS BEFORE THE HEARING, the sign must be placed at the property line and maintained until the date of the hearing. Failure to comply means that your request will be tabled. I UNDERSTAND THAT I AM REQUIRED BY LAW to display the sign provided * by the Frederick Co. Planning Department. I UNDERSTAND the terms explained above. My signature verifies that I have received said sign. Signs ure Y CO �� COUNTY of FREDERICK ti Department of Planning.and Development 703/665-5651 FAX 703/667-0370 August 23, 1990 Donald E. McFarland Route 2, Box 990 Winchester, Virginia 22601 Dear Mr. McFarland: This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their meeting of August 21, 1990. Variance application #019-90 of Donald E. McFarland for a 7' 6" rear yard variance for an existing single family dwelling and a 13' rear yard variance for an existing porch, to correct setback violations. This property is located off of 522 North on Bethel Heights Road, Route 630, in the Gainesboro Magisterial District and is identified as parcel 15 on tax map 41. If you have any questions regarding the approval of this variance, do not hesitate to call this office. Sincerely, W. Wayne Miller Zoning Administrator WWM/slk 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 VARIANCE APPLICATION #019-90 DONALD E. MCFARLAND LOCATION: 522 North on Bethel Heights Road, Route 630 MAGISTERIAL DISTRICT: Gainesboro TAX MAP & PARCEL NO: Tax map 41 - Parcel 15 LAND USE & ZONING: Residential land use - zoned RA (Rural Area) ADJACENT LAND USE & ZONING: Residential land use - zoned RA (Rural Areas) PROPOSED USE & IMPROVEMENTS: Existing single family dwelling with an existing porch VARIANCE: 7' 6" rear yard varianc for an existing house and a 13' rear yard variance for an existing porch. REASON FOR VARIANCE: To bring house into compliance and to permit the enclosing of an existing porch. BACKGROUND INFORMATION: The existing house was built 716" into the rear setback zone and the owner was not aware of this until they applied for a permit to enclose an existing porch because they need additional room. The existing porch extends 2016" into the rear setback zone considering the fact that the house extends 716" into the rear setback zone and the porch is 13' in width. The proposed addition would be approximately 131x 351. STAFF COMMENTS: Staff visit was made to this site on August 8, 1990. There is a house located directly behind this house. It does not appear that enclosing the existing porch would have any more impact than having just the porch there. The house was built into the rear setback zone several.years ago and the porch has also been there for several years. The house is actually a double wide mobile home on a solid pad and the existing porch is a pad where 0 9 a small mobile home was previously was located. • • APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA Variance Application No. p/9-9d Submittal Deadline is L 277 Application Date 1LIT !��i99 For the meeting of Fee Paid : `S2L K�r4rx e rift Sicn cam. rf �� u ST 1. The applicant is the (owner) (other) (check one) 2. NAME:���`'17-), _, OCCUPANT: (If other than applicant) ADDRESS: Q NAME: �a1/o0/ ADDRESS: TELEPHONE: TELEPHONE: 3. The property is located at (please give exact directions) - - - 4. The property has a frontage of feet and a depth of feet and consists of /c acres. (Please be exact) 5. The property is owned by i ; as evidenced by deed from recorded in deed book no._ on page , registry of the County of .;ram&. . 6. This property is�esignated as parcel no. / �' on tax map no. in the Magisterial District. 7. Property Identification Number: 0 d e t - Dcoc -0'/' C 8. The existing zoning of the property is:u 9. The existing use of the property is: ZFr- I72tF7tJ %/ 4— L 1 0. The adjoining properties zoning is: '�-'u Rai-- AFA--(RA1 11. The adjoining properties land use is: 9c5l-Dew -r-1 Fi-L 12. Describe the variance sought in terms of distance and type. (For example - A 3' rear yard variance for an attached two car garage.) /3 62©7- L,1�4 .e i ,4A/c 6 r / c T. C 13. List specific reason(s) why the variance is being sought in terms of: exceptional narrowness, shallowness, size, or shape of a specific piece of property, or - exceptional topographic conditions or other extraordinary situation or condition of such piece of property, or the use or development of property immediately adjacent thereto �ZZQusc emu/z7- iti /f 7.5- /// v/a L Pq,- /oN mf= 'Ze:�fI s Cr73�#gc,� 2?a -zo4'5 /t,))l 5—moo r Jz� (-/-;�� &,/ 3a u 7- ?age 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) VAMP. 1. Address: Property ID#: 2. 2L')=111J Address: Property ID#: YI600,4 Coco00 D 3. c Address: Property ID# a en 6 0,0 0 AS 4.p Address: Property ID#: 006A ao000o00000 /S/o 5. Address: Property ID#: IODDAOOOOo aQa /SS 6. Address: Property ID#: 7. Address: Property ID#: 8. Address: Property ID#: 9. Address: Property ID#: 0. Address: Property ID#: 15. Additional comments, if any I (we), the undersigned, do hereby respectfully agree to comply with any conditions required by the Board of Zoning Appeals of the County of Frederick, Virginia, and authorize the members of the Board of Zoning Appeals or a representative of the County to go upon the property for the purpose of making site inspections. I/we hereby depose and say that all of the above statements and the statements contained in any exhibits transmitted are true. 4 � Signature of Applicant: DateT� 9O Signature of Owner: DateTTD For Office Use Only BOARD OF ZONING APPEALS PUBLIC HEARING ACTION OF (date) d)/7U EDApproval Denial CHAIRMAN: I- C Page Three Variance 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 photo- graphs with this application. EXAMPLE Adjoining Property YOUR PROPERTY AdjoiningProperty o r �Addi i tion J a o o_ Pro ert Line l q P I Center of Rood RoadSHOW THESE MEASUREMENTS " • llrfRQ'k/INW CoR* S"K l�7'-430J,_ _ _ _ _ - -_ -- �, S"Q b'IL h- 0 0 COUNTY of FREDERICK IDepartment of Planning and Development 703 /-665-5651 FAX 703/667-0370 August 7, 1990 TO THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) The Application of: Donald E. McFarland Variance Application #019-90 of Donald E. McFarland for a 7' 6" rear yard variance for an existing dwelling and a 13' rear yard variance for an existing porch. This property is located off of Route 522 North on Bethel Heights Road, Route 630, in the Gainesboro Magisterial District and is identified as parcel 15 on tax map 41. This variance application will be considered by the Frederick County Board of Zoning Appeals at their meeting of August 21, 1990, at 3:25 p.m., in the Board of Supervisors meeting room, the old Frederick County Courthouse, Winchester, Virginia. Any interested parties having questions or wishing to speak may attend this meeting. Sincerely, ' A W. Wayne M,`'Liller 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 August 7,, 1990 fro0he Department of Planning and 410elopment, Frederick County, Virginia: 41. 006A00060000000 i "50, MC:F ARI...AND , DONAI..-1) E . Fi . JEAN WINC,i-IF. STER, VA- 11 00OA0',)000000000150, MCF'ARI...AND, ALBE RT- N!, FAT. 2 Box `lyT9 WINC:HESTER, VA,, tie SO1- 41. O00 A000000000001. 39, SIRDAUGH, HARRY G , & ZENITH f- . RT . 2 BOX 9?2 WINC HE ST'ER, VA. 2 601.•-- 41.000A000000000001 a04 MOrARLANl1D , CORA MARIE:: CXO WIL_S ON, I)TE:.•HL.. JR. RT. 2 BOX 794 WINCHEiSTE R, VA. 41. 00OAO00000000001 51. FIX, SHIRLEY MARIE: 217 WEST STREET WINC:HESTER, VA- 41000AO0C. 000000001 "5W, FBA V I L_L..E:: , I_L..OYV E„ , & PONNA JEAN{ RT . 2 BOX 1010 WINCHE.STER, VA- 22601..... �6v W. Wayne Mill , Zoning Administrator Frederick County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK I, Renee' S. Arlotta , a Notary Public in and for the state and county aforesaid, do hereby certify that W. Wayne Miller, Zoning Administrator for the Department of Planning and Development, whose name is signed to the foregoing, dated August 7, 1990 has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this 7th day of August , 1990- My commission expires on March 23, 1991 G�UV�I,�iL, NOTARY P BLIC APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA Variance Application No. B/%-qd Submittal Deadline is '�Ccy 77 Application Date ,T�/� alter 1q90 For the meeting of Fee Paid 5i S IO j4p v(% u 5 7` 72/ _ /ci - 1. The applicant is the (owner) (other) (check one) 2. NAME: , p� FA' �-� } ;, ,n OCCUPANT: (If other than applicant) ADDRESS: z�� Xh� NAME: ADDRESS: TELEPHONE: TELEPHONE: 3. The property is located at (please give exact directions) 4. The property has a frontage of s feet and a depth of feet and consists of ;��! acres. (Please be exact) 5. The property is owned by as evidenced by deed from recorded in deed book no. �c on page ! r , registry of the County of 6. This property is designated as parcel no. on tax map no. _in the Magisterial District. 7. Property Identification Number: -Odee 8. The existing zoning of the property is: PL 9. The existing use of the property is: tvtF?tJ r/ 4 L 10. The adjoining properties zoning is: �u �A-c �R-F-4 11. The adjoining properties land use is: c5(-D C7v -r! 1qL 12. Describe the variance sought in terms of distance and type. (For example - A 3' rear yard variance for an attached two car garage.) /� / C �� ��e° li`1 � � !/� ,P_ / t"�,� �! r`- �r✓t-,� .� ,r ,9 5 %r' �J F► � !�S t= - (/�' /:S 7- v4::7tAll Vl--- A;27 '/A ,e I't4-NCE - c X '4x 13. List specific reasons) why the variance is being sought in terms of: ;� - exceptional narrowness, shallowness, size, or shape of a specific piece of property, or - exceptional topographic conditions or other extraordinary situation or condition of such piece of property, or the use or development of property immediately adjacent thereto •��' .�%,rid/�':>-� rXi /' , r_ / i /Nr?f r! � I� /n_// -� r�_ %� �%-/`=i;t i7- ?age T•,ao • Variance 14. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property for which the variance is being sought. (Use additional pages if necessary). These people will be notified by mail of this application: (Please list complete 21-digit number) NAMF 1.//►Y Address: j 1 Property ID#: 2. Address: Property ID# : -•� " r 3. Address: J Property ID# 4. Address: G ( -417 Property ID#: _c 6OC_3C000ong0C" 5. Address: Property ID# : 6. Address: Property ID#: 7. Address: Property ID#: 8. Address: Property ID#: 9. Address: Property ID#: 10. Address: Property ID#: 15. Additional comments, if any I (we), the undersigned, do hereby respectfully agree to comply with any conditions required by the Board of Zoning Appeals of the County of Frederick, Virginia, and authorize the members of the Board of Zoning Appeals or a representative of the County to go upon the property for the purpose of making site inspections. I/we hereby depose and say that all of the above statements and the statements contained in any exhibits transmitted are true. Signature of Applicant: Signature of Owner: �•. _ For Office Use Only BOARD OF ZONING APPEALS PUBLIC HEARING ACTION OF (date) Approval Denial CHAIRMAN: Date Date 110I K PACE 07 TIIIS DEED OF TRUST made and dated this .2 s day of November, 19/4, �by and between Donald E. McFarland and R. Jean McFarland, his wife, parties lof the first part, W. E. Edwards, Trustee, of Winchester, Virginia, party of the second part, and the Western Frederick Bank, of Gore, Virginia, party of the third part. WITNESSETH: That for and in consideration of the sum of One Dollar ($1.00) cash in hand paid, the receipt of which is hereby acknowledged, the said parties of the first part do hereby grant, sell, and convey, with general warranty of title, unto the party of the second part, all of that certain lot or parcel of land containing 30,000 square feet, more or less, together with all rights, rights of way, privileges, improvements and appurtenances thereto belonging, lying and being situate about four miles Northwest of Winchester, in Gainesboro District, Frederick County, Virginia, and being the same land that was conveyed to the parties of the first part by Albert Newton McFarland, et ux, by deed dated November 14th, 1974, and to be recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, next prior to the T recordation of this deed of trust. IN TRUST NEVERTHELESS, to secure the payment in full, both principal and interest, of a certain bond bearing even date herewith, executed by the parties of the first part, and payable to the party of the third part, or order, at its banking office in Gore, Virginia, in the principal sum of Twenty Thousand Dollars ($20,000.00), and bearing interest from date at the rate of 9-3/4% per annum. Said bond is payable in 119 equal consecutive monthly installments of $189.71 each, to be applied first to the payment of interest as it accrues monthly on the basis of unpaid balances, and second to curtailment of principal, and an 120th and final installment of the balance then due, the firs,tp of said installments to be due and payable on the day of �) _, 197L�_, and subsequent installments to be due and payable on the t6yday of each and every month tho.reafter until said bond shall be paid in full in accordance with the aforesaid schedule. And to this end to secure the debt evidenced by said bond in its present form, or in any form it may hereafter assume, by renewal or extension, in whole or in part, by change of parties, or otherwise, until said debt is finally and fully paid and discharged. Right of anticipation reserved. The party of the third part reserves for itself, and/or the legal r C OGr A "AGE 1Q8 holder of said bond, the right to increaste the interest rate thereon, to any maximum rate that may be permitted by law upon giving one month's written notice from an installment due date to the makers thereof. The property conveyed by this deed of trust may not be conveyed to, and the debt secured hereby assumed by, any other person, firm, or corporation, without the prior written consent of the beneficiary and any such conveyance shall be construed as a default of the trust. As additional security for the within described debt the parties of the first part covenant and agree to keep the buildings on the within conveyed property insured for their fair insurable value in some solvent insurance company with loss payable clause, or properly assigned policy, for the benefit of the party of the third part as its interest may appear. Should said parties of the first part fail to keep said buildings so insured, the said party of the third part may have said buildings so insured, and all premiums paid, or expenses incurred thereby, shall constitute an additional lien against said property. Should default be made in the payment of the obligation secured hereby, or any part thereof, or any installment, or extension thereof, in whole or in part, or should the parties of the first part fail to pay all taxes and assessments levied thereon, or any of the insurance premiums here- in provided for, it shall become the duty of the party of the second part, the said Trustee, upon receiving written request from the party of the third part, to proceed to sell the within conveyed property at public auction in front of the County Court House at Winchester, Virginia. But before making said sale the Trustee shall advertise the time, terms and place thereof by publication once a week for four successive weeks in some newspaper published, or having general circulation, in Frederick County, Virginia. And said sale shall be upon the terms of 10% cash on day of sale and the balance within ten days on delivery of deed. From the proceeds of such sale the Trustee shall pay, (1) All costs and expenses incident to the enforcement of this deed of trust, including the usual S% commission to said Trustee, together with all necessary counsel fees. (2) He shall pay any taxes legally assessed or assessable against said property. bfnj z.3, FA'u 109 (3) He shall pay the debt sec•_red hereby, or any part thereof remaining unpaid. (4) The balance, if any, he shall pay to the parties of the first part, their heirs, personal representatives, or assigns. It is mutually understood and agreed that in the event the within conveyed property is advertised for sale pursuant to the terms of this deed of trust, and prior to the date of sale the property is redeemed or withdrawn from sale for any reason, the parties of the first part agree to pay all costs incurred by said Trustee and a commission of 22% on the unpaid balance of the debt secured hereby. Pursuant to the provisions of Section 26-49 of the Code of Virginia, the parties of the first part hereby grant to the party of the third part the right and power to appoint a substitute Trustee in the event of the resignation, death, incapacity, disability, removal or absence from the State, of the Trustee herein named. "Notice -,The debt secured hereby is subject to call in full or the terms thereof being modified in the event of a sale or convevance of the property secured herebv." Witness the following signatures and seals. (Seal) 0 State of Virginia County of Frederi k, to -wit: I,.(/! a Notary Public in and for the County of Frederick, in the State of Virginia, do hereby certify that Donald E. McFarland and R. Jean McFarland, his wife, whose names are signed to the foregoing writing bearing date of November oZs, 1974, have personally appeared before me, in my county aforesaid, and acknowledged the same. Given under my hand this 2 /day of November, 1974. My commission expires ' � v Notary Public -'r•_� ��''E:'ri :'1 VIRc 'N�n Ft?CDCRiCK COUNTY, SCT. - - :�„-y-;,, Tn:s inurument of writing was produced to me on the. day of and with eerhficate of acknowledCment thereto annexed was admttsod