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Home My WebLink About09-91 Stephen L Carroll - Back Creek District - Backfiler RECEIPT ,�a M_ 023 32 AMOUNT DUE ew AMO}I T PAID- LANCE DUE [� PAID BY Ifj CASH EJ CAECK � f OTHER t " f OF PLANNING AND DEVELOPMENT P.O. BOX 601, t ';:Zi !',,ARE WINCHESTER, VIRGINIA 22601 RECEIVED FROM DATE /fl 1,, 4)-L", . ADDRESS ... _ C/N 2 -.Z&2z2/ _—_- THE SUM OF ?Cyr ��.(L�t�Li-/4__ DOLLARS $ FOR ___`�1/�!E .� E�6� �0i 1 S,e0 /o1av BY DAY TIMERS RE -ORDER No, 3221—Primed In USA 1a.. •�' X .: ihr:::•..Ar,.a`. .. ;a ..« ..... ...w.�t^......... ,d•..: M1LN.v7ti6.� A , i COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/678-0682 June 19, 1991 Mr. Stephen L. Carroll 1899 Jordan Drive Winchester, Virginia 22601 Dear Mr. Carroll: This letter is to.confirm action taken by the Frederick County Board of Zoning Appeals at their meeting of June 18, 1991. Your application, #009-91, was approved for a one foot front variance for an existing, attached garage. This property is located off of Middle Road (Route 628) in Jackson Orchard, in the Back Creek District, and is identified as parcel 5 on tax map 62. If your have any questions regarding the approval of your variance, do not hesitate to call this office. Sincerely,- W. Wayne Miller Zoning Administrator WWM/slk THE COURTHOUSE COMMONS 9 N. Loudoun Street - P.O. Box 601 - Winchester, Virginia - 22601 VARIANCE APPLICATION #009-91 STEPHEN L. CARROLL LOCATION: Off of Middle Road (Rt. 628) in Jackson Orchard at 1890 Jordan Drive MAGISTERIAL DISTRICT: Back Creek TAX MAP & PARCEL NO.: Tax map 62, parcel 5 PROPERTY ZONING & USE: Zoned RA (Rural Areas), land use - single family dwellings ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas), land use - single family dwellings and vacant lot VARIANCE: 1' front yard for an existing attached garage REASON FOR VARIANCE: Structure was built 1 foot into the front setback zone. STAFF COMMENTS: Rural Area zoning district requires a 60 foot front setback from the front property line or road right of way. The front property line is the center of the 50 foot road so this makes the right of way extend 25 feet into the subject property. The result is a requirement for the house or primary structure to be 85 feet from the property line (60 feet from the right of way) . The corner of the attached garage was determined to be only 84 feet from the property line during a recent survey. RECOMMENDATION: Approval page 1 of 5 APPLICATION FOR VARIANCE IN THE 4>G� CO COUNTY OF FREDERICK, VIRGINIA w e .w• -OFFICE USE ONLY- R Variance Application No. 09-q/ Submittal Deadline Submittal Date For the meeting of Fee Paid ( yes initials: Sign Deposit j s Sign Return Date: 1. The applicant is the owner 2. APPLICANT: // / NAME: J !� " L • ADDRESS r ah r iN rW TELEPHONE: 6 7 - 3. ✓ other . (Check one) OCCUPANT: (if different) NAME: _ ADDRESS: TELEPHONE: The property is located at: (please give exact directions) / �iD TGre(eiti Dv;vC / � f 4. The property has a road frontage of 67"'J S feet and a depth of ? 5-3 feet and consists of „ Y/ 70 acres. (please be exact) 5. The property is owned by J -# Yeroh e' ve as evidenced by deed from o,' ire recorded (previous o er) in deed book no. 7 3 on page Me registry of the County of Frederick. 6. Magisterial District: 8 4L c k C /^C!E' /� page 2 of 5 0 7. 21-Digit Property Identification No.: U26� tr�%�99 8. The existing zoning of the property is: 9. The existing use of the property is: j`H q �� t . ; / y l�a��c 10. Adjoining Property: USE Q = ZONING North East South / r' R' r` � I West l j 11. Describe the variance sought in terms of distance and type. (For example - A 3' rear yard variance for an attached two car garage.) 12. List specific reason(s) why the variance is being sought in terms of: � , - exceptional narrowness, shallowness, size or shape f 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 13. Additional comments, if any Z page 3 of 5 6 t"I--34 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 je-Address lq670� ?1,rG e�� br� C1, Property ID#�� ep Ora / rri21 Address �` °� "Ih Property ID46 2 eviv azq�i'> aae'-;7ea Address - Property ID# 41 Address Property ID#O�Q&'le e9moo d,Deel 4'/ '� C� (f/lip Address Property ID# 20'a aP'!? 4!9ee7a B t'i �. ��'��= Address 6,9 'W fN�, VA Property ID# 14 LIOk/') I aoo UMO �c Cc $ �� Pik C' Address Cle `� r �y d � 6 " ; u c . Property ID#GQ /4 C�900 I OOO'9OeO-?,9a3SW Address Property ID# Address Property ID# Address Property ID# Address Property ID# 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 1. contained herein are, to the best of my knowledge, true. SIGNATURE OF APPLIC SIGNATURE OF OWNER (if other than appli ANT DATE LD r DATE ��-%d7 c n ) -OFFICE USE ONLY- BZA PUBLIC HEARING OF ` ,�, �S . /�y/ ACTION: DATE - APPROVAL DENIAL SIGNED:( 111/ BZA CHAIRMAN DATE: \ IPF r Lot 9 --1 i" M t-• ull�� M 1 w IPF Stephen L. Carroll I John C. Aulbaugh D.B.733, P.186 D.B.746, P.618 Zoned:RA r Zoned:RA Lot 6 Lot 8 IPF S 670 09' 15" E Telephone 30' R/W for 25.07' Of Bo Ingress and Egress_ _ S 67°315.82' b0 �593° LOT 7A 3.1511 ACRES \\IIPS � IPF I S 63026' S3" R _ 97A am 7 Nai` nransformer -- (TC **2 Story v' Box 50 B.R.L Frame-- o, ?� * 1 Story Frame LOT 5A \�1.8170 Acre J Garage c: 32.( Drainfield Esm't. D.B.701, P.435 ms� �K7p op. � � Well �- 8511---4 Nail �N Obi\ B4or�\ g�n$1 5 25 s2 1 o or Lot 7T �� N 150.00--,--32 51'r N 650 40' 2a" W - 463.49' 163.65' N 650 40' 20" W - 613.49' IIPS 1. No Title Report Furnished. 2. This survey is subject to all easements and Cyral A. Barch right of ways of record, whether shown or D.B.747, P.976 not shown. Zoned:RA 3. 9,294 Square Feet of original Lot 7 is to be Lot 4 added to original Lot 5 to create new Lots designated as Lot 5A, containing 1.8170 Acres IPF and Lot 7A, containing 3.1511 Acres. 4. Original Lot 5 is the same property conveyed by Clarie D. Boyd to Stephen L. Carroll and Veronique F. Carroll, his wife, by a deed dated N November 3, 1989 and recorded in Deed r Book 733, Page 198. 5. Original Lot 7 is the same property conveyed b Thomas J. Boyd to Stephen L. Carroll and 3 Clara R. Lynn Veronique F. Carroll, his wife, by a deed dated D.B.748, P.1519 November 6, 1989 and recorded in Deed Zoned:RA Book 733, Page 186. Lot 3. 6. The original subdivision plat of Jackson o Orchard is recorded in D.B.723, P. 205. N 7. The property shown on this plat is the same v4 property shown on Frederick County, Virginia Tax Assessment Map Lot 5 - 62000 009 0000 0000 00050 and IPF Lot 7 - 62000 009 0000 0000 00070. A=80.02' N65040120"W 80.00' _ e Road IPF IPF ` Lot 30 Lot 31 Lot_ 32 Lot 33 ' Lot 34 Zoned:RP Zoned:RP \ Zoned:RP Zoned:RP Zoned:RP I JACKSON WOODS ESTATES Section Three D.B.333, P.512 00, S0' 0 100, 200' 1 1 1 Lot 35 Zoned:RP i wL7H r C Elliott Ritchie, Jr x v s LICENSE No 131/8`tt�n- `'4/vo SUAJE�C BOUNDARY LINE ADJUSTMENT BETWEEN THE LAND OF Stephen L. Carroll Veronique F. Carroll KNOWN AS ORIGINAL LOT 5 AND LOT 7 JACKSON ORCHARD BACK CREEK DISTRICT FREDERICK COUNTY, VIRGINIA SCALE:1"=100' MAY 3, 1991. RITCHIE SURVEYS STEPHENS CITY, VIRGINIA Sheet 2 of 2 PLANNING COUNTY OF FREDERICK 9 COURT SQUARE P. O. Box 601 WINCHESTER, VIRGINIA 22601 NOT D 1�7 Lip 62A 1 3 34 DAGGE"y"r, DAVID T. & NORMA K. RT. 3 BOX 83 WINCHE:S)TER, VA. • 0 COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/678-0682 June 4, 1991 TO THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S)'�—�� THE APPLICATION OF: STEPS EN L. CARROLL Variance application #009-91 of Stephen L. Carroll for a one foot front variance for an existing, attached garage. This property is located off of Middle Road on Jordan Drive in the Back Creek District and is identified as parcel 5 on tax map 62. This request will be considered by the Frederick County Board of Zoning Appeals at their meeting of June 18, 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, 4 W. Wayn Miller Zoning Administrator WWM/slk THE COURTHOUSE COMMONS 9 N. Loudoun Street - P.O. Box 601 - Winchester, Virginia - 22601 COUNTY of FREDERICK i Department of Planning and Development 703/665-5651 FAX 703/678-0682 June 4, 1991 TO THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) THE APPLICATION OF: STEPHEN L. CARROLL Variance application #009-91 of Stephen L. Carroll for a one foot front variance for an existing, attached garage. This property is located off of Middle Road on Jordan Drive in the Back Creek District and is identified as parcel 5 on tax map 62. This request will be considered by the Frederick County Board of Zoning Appeals at their meeting of June 18, 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, 4 W. Wayn Miller Zoning Administrator WWM/slk THE COURTHOUSE COMMONS 9 N. Loudoun Street - P.O. Box 601. - Winchester, Virginia - 22601 -* This is to certify tha Are attached correspondence was sled to the following on June 4, 1991 from Department of Planning and Dev iopment, Frederick County, Virginia: CARROLL . STE PHEN L... & VE RON 17UE f I 1899 .JORDAN DR, WINE.",HE:STER, VA. 22601-•- 62 AUL.ABAUGH , JOHN C . & TO �61. 900 .JORDAN DRIVE ] E. WINCHE::STE:R, VA 22601. -- EIARCH, CYI:iIL.. A & .JE:AN6A. 5347 MIDDLE: RD . WINCHEST'E:R, VA 22601 .-- Clara R. Lynn P.O. Box 1607 Winchester, Va. 22601 62A 1 3 34 DAGGE.TT, DAVID T. & NORMA K. RT . w BCIX S3 WINC:HE:STER, VA, 22 60 i _.. 62A 1 X 3:5 KNE:VELS, THOMAS C/O F . L_ . LARGE.".NT P 0. BOX 608 WINCHE:ST'ER, VA. 22601 •- STATE OF VIRGINIA COUNTY OF FREDERICK 1, Debi D. Swimley COVVie W. Wayne MillXty , Zoni g Administrator Frederick Co Dept. of Planning , 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 June 4, 1991 , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this 4th day of June 1991 My commission expires on September 30, 1993 � L �- L. C-1 . �O I .. NOTARY PUBLIC pn ,, _ Page 2 of 5 3 J I l I <\cJ C/L 7. 21-Digit Property Identification No .: � G. �� jOU6 "gam /JOUSd 8. The existing zoning of the property is: RA 9. The existing use of the property is: 1��- �l�[,r` 10. Adjoining Property: USE pB ZONING North East South West 11. Describe the variance sought in terms of distance and type. (For example - A 3' rear yard variance for an attached two car garage.) 12. List specif is reasons) why the variance is being sought in terms of: - exceptional narrowness, shallowness, size or shape f 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 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 --r�6'r ►� � �G � v Address �' (�i �Oi^Gi�aNr DY7 Property ID# /2&r G' �C�C��O� c C' ��7 JJJJ Address Property ID# 2 I(iry AddressI :%,�)r,0 GC Property ID# 12- a,eV , 0 V e? e Pe 4A% Pe 4 O'da �// r � l 14, i �� di. .Property Address j J `f 7 /P �A �C ��%•', c ID# - �' .LOUD ee% ? ,UU%Gp elw e7ee�� Address T r ,4 n Yl P*-, W"'n C Property ID#,""24AO dp'cj 00 4:n2ac; OOv C l S AddressVA Property ID# T� 0 S j/� �o s Address Llc a"rf e- Property ID# ,1,Z f-� DG00 1000 86)40-?0403.S� Address Property ID# Address Property ID# Address Property ID# Address Property ID# 3f SURVEYORS CERTIFICATE I, Elliott Ritchie, Jr., a duly authorized land surveyor in the State of Virginia, do hereby certify that the land embraced in this subdivision is the same land acquired by Stephen L. Carroll and Veronique F. Carroll, his wife, by a deed dated November 3, 1989 and recorded .in Deed Book 733, at Page 198 and a deed dated November 6, 1989 and recorded in Deed Book 733, at Page 186. I, further certify that the boundaries of this land was established by an accurate field survey and that iron pipe will be set at all corners. Given under my hand this the 3rd day of May, 1991. 1 . / 5 VICINITY MAP Elliott Ritchie, Jr. C. .S.#1318 ate Scale:1 11=2,000' SITE INFORMATION 1. Setback Requirements Front: 60' Side: 15' Rear: 50' 2. The property shown on this plat is presently Zoned: RA 3. Tax Map Numbers Lot 5A : Lot 5 - 62000 009 0000 0000 00050 Lot 7A: Lot 7 62000 009 0000 0000 00070 APPROVALS 1 9/ Frederick C 016 ty Su -ivi ion Administrator Date Frederick County Health Department Date OWNER'S CERTIFICATE This subdivision of the land of Stephen L. Carroll and Veronique F. Carroll, his wife, is with free consent and in accordance with the desires and wishes of the undersigned Owners, Proprietors and or Trustees. ��wLTH C) ' O _ C=Iliott Ritchie, Jr u 00 LICENSE No 1318 OP `tiO SURVE�I BOUNDARY LINE ADJUSTMENT BETWEEN THE LAND OF .Stephen L. Carroll Veronique F. Carroll KNOWN AS ORIGINAL LOT 5 AND LOT 7 JACKSON ORCHARD BACK CREEK DISTRICT FREDERICK COUNTY, VIRGINIA SCALE:1"=100' MAY 3, 1991 RITCHIE SURVEYS STEPHENS CITY, VIRGINIA Sheet 1 of 2 0 • THIS DEED OF TRUST, made and dated this 7th day of December, 1989, by and between STEPHEN L. CARROLL and VERONIQUE F. CARROLL, his wife, parties of the first part, hereinafter called the Grantors, and THOMAS B. THROCKMORTON of Winchester, Virginia and THOMAS H. ROCKWOOD of Winchester, Virginia, Trustees, parties of the second part. WITNESSETH: That for and in consideration of the sum of One Dollar ($1.00), cash in hand paid by the said Trustees to the parties of the first part, on and before the delivery of this deed of trust, the receipt of which is hereby acknowledged, the parties of the first part do hereby grant and convey, with General Warranty of Title, unto said Trustees, any one or both of whom may act in the execution of this deed of trust, and their successors forever, the following real estate, to -wit: All of that certain lot or parcel of land, together with all rights, rights of way, privileges, improvements thereon and the appurtenances thereto belonging, lying and being situate in Back Creek Magisterial District, Frederick County, Virginia, and being more particularly described as Lot 5 on the plat and survey of Jackson Orchard, by Elliott Ritchie, L.S., which plat and survey are of record in' the Office of the Clerk of the Circuit Court of Frederick County,. Virginia, in Deed Book 723, at Page 205; and being the same property conveyed to the Grantors herein from Claire D. Boyd, married, by deed recorded in the aforesaid Clerk's Office immediately preceding the recordation of this deed of trust. Reference is here made to the aforesaid plat, survey, deed, and the references contained therein for a further and more particular description of the property conveyed herein. IN TRUST HOWEVER, to secure payment to the holder of a certain note of even date herewith, payable eight (8) years from date, in the principal sum of Thirty -Five Thousand and 00/100 Dollars ($35,000.00), together with interest thereon at 1 SCULLY, THROCKMORTON GLASS ATTORNEYS AT LAW 'J SOUTH KENT STREET WINCHESTER,VIRGINIA 22601 the rate of Eight per centum (8.00%) per annum on the unpaid balance until paid, made by the parties of the first part and payable to CLAIRE D. BOYD, her successors and/or assigns, in seven (7) annual principal installments ofG 00/100 D 11ars ($ .S, Of, commencing on the --Y- day of December, 1990; and fifteen (15) semi-annual installments of accrued interest on the unpaid principal balance, commencing on the � day of June, 1990, and a final installment equal to the principal and interest j remaining due, which said installment shall be due and payable on the _y_ day of December, 1997. Renewals and extensions of the foregoing debt are permitted. AND FURTHER IN TRUST, to secure the payment of any money, with interest thereon, advanced by the holder of the hereinabove described obligation to the parties of the first part or their successors in title at any time before the release of this deed of trust for any purpose to the extent that the amount advanced at any one time when added to the balance due on the original indebtedness and any prior advance, shall not exceed the amount originally secured by this deed of trust. This deed of trust is executed and is to be construed in accordance with all the provisions of Sections 55-59 and 55-60 of the Code of Virginia, and all amendments thereto except as otherwise provided herein. Advertisement required: Publication of notice of sale once a week for two (2) successive weeks in any newspaper of general circulation or published where the property is located. Said sale may be held not less than eight (8) days following the E SCULLY, THROCKMORTON GLASS ATTORNEYS AT LAW .0 SOUTH KENT STREET ',JINCHESTER, VIRGINIA 22601 first advertisement nor more than thirty (30) days following the last advertisement. Commission of two and one-half per cent (2-1/2%) of indebtedness shall be due Trustees if property is advertised but indebtedness paid before sale. The parties of the first part reserve the right to pay at any time the entire indebtedness, or any part thereof, without penalty, to the holder of the indebtedness hereby secured. Exemptions waived. Subject to call upon default. Insurance required against fire and other calamity in the amount of the insurable value. Any default in the amount of the monthly payment provided in said secured indebtedness, unless paid within Ten (10) days from the due date of said payment, shall at the option of the holder of said indebtedness, constitute an event of default under this deed of trust. The holder of the secured indebtedness may collect a "late charge" not to exceed Five per centum (5%) of the amount of each payment more than Ten (10) days in arrears to cover the extra expenses involved in handling delinquent payments. All powers conferred by this deed of trust on said Trustees may be exercised by any one or both of said Trustees. The holder of the indebtedness secured by this deed of trust is hereby granted the power to appoint a substitute IlTrustee or Trustees pursuant to Section 26-49 of the Code of Virginia in the event of resignation, death, incapacity, disability, removal or absence 'from the State of a Trustee or Trustees; such substitute Trustee or Trustees shall have the same powers as if originally named herein. The property secured by this deed of trust may not be conveyed to any other person, firm or corporation, without the 3 SCULLY, THROCKMORTON GLASS ATTORNEYS AT LAW :.0SOUTH KENT STREET %ANCHESTER, VIRGINIA 22601 a � � 0 0 SCULLY, THROCKMORTON GLASS ATTORNEYS AT LAW ',U SOUTH KENT STREET MNCHESTER, VIRGINIA 22601 prior written consent of the beneficiary and any such conveyance shall be construed as a default of the trust. THE LOAN SECURED BY THIS DEED OF TRUST IS PAYABLE IN FULL AT THE END OF EIGHT (8) YEARS. AT MATURITY YOU MUST REPAY THE ENTIRE PRINCIPAL BALANCE OF THE LOAN AND UNPAID INTEREST THEN DUE. THE LENDER IS UNDER NO OBLIGATION TO REFINANCE THE LOAN AT THAT TIME. YOU WILL THEREFORE BE REQUIRED TO MAKE PAYMENT OUT OF OTHER ASSETS YOU MAY OWN, OR YOU WILL HAVE TO FIND A LENDER WILLING TO LEND YOU THE MONEY AT PREVAILING MARKET RATES, WHICH MAY BE CONSIDERABLY HIGHER THAN THE INTEREST RATE ON THIS LOAN. NOTICE - THE DEBT SECURED HEREBY IS SUBJECT TO CALL IN FULL OR THE TERMS THEREOF BEING MODIFIED IN THE EVENT OF SALE OR (CONVEYANCE OF THE PROPERTY SECURED HEREBY. WITNESS the following signatures and seals: STATE OF VIRGINIA UNTY OF FREDERICK, to -wit: I, (SEAL) STEPHEN L. CARROLL (SEAL) VERONIQUE F. CARROLL a Notary Public in and for the State and County aforesaid do hereby certify that STEPHEN L. CARROLL and VERONIQUE F. CARROLL, his wife, whose names are signed to the foregoing Deed of Trust, bearing date the day of December, 1989, have this day personally appeared before me and acknowledged the same. Given under my hand this day of December, 1989. My commission expires: 4 NOTARY PUBLIC