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HomeMy WebLinkAbout16-91 Loyd A Michael - Back Creek District - BackfileRECEIPT N2 02?206 AMOUNT DUE AMOUNT PAID _� b BALANCE DUE i[ PAID BY CASH CHECK OTHER FPEC :'LANNING AND DEVELOPMENT P.O. KU: i',:.;, _.QUARE WINCHESTER, VIRGINIA 22601 DATE � y� CC RECEIVED FROM I `/ _ ADDRESS i THE SUM OF DOLLARS $ ji FOR BY rr- DAY-TIMERS RE -ORDER No 3P21 `n Ied r, USA ��v ,, •'i,[-u..c'V4�M h����'��r. [��•/ [(e ..w� ,\1n T%'2J: i COUNTY of FREDERICK i Department of Planning and Development 703/665-5651 FAX 703/678-0682 December 3, 1991 Loyd A. & Alyce W. Michael 884 E. Macedonia Church Road Stephens City, Virginia 22601 Dear Mr. & Mrs. Michael: This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their meeting of November 19, 1991. Your variance application #016-91 was approved for a 33' rear yard variance for a storage building. This .property is located off of Route 50 West, on Route 614, in the Back Creek District and is identified as 40000A00000113. If you have any questions, please do not hestitate to call. ,jnce eiy, 4 W. W yne Miller Zonin Administrator WWMlslk 9 N. Loudoun Street THE COURTHOUSE COMMONS P.O. Box 601 - Winchester,.Virginia 22601 6 10 BZA REVIEW DATE: 11/19/91 VARIANCE #016-91 LOYD A MICHAEL LOCATION: Off of Route 50 West onto Route 614, first left past White's Iron Works. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 40000A00000113 PROPERTY ZONING & USE: Zoned RA (Rural Areas), land use - vacant ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas), land use - residential and agricultural VARIANCE: 33' rear yard variance for a storage building REASON FOR VARIANCE: To permit a structure to be built which will not meet primary structure rear yard setbacks. This structure will be used for storage of tools while preparing lot to build a residence. STAFF COMMENTS: This structure will meet setback requirements as an accessory use when the house is constructed on the property in the spring of 1992. STAFF RECOMMENDATIONS: Approval page 1 of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA -OFFICE USE ONLY - Variance Application No. 016-Q) Submittal Deadline10-�,5-9) Submittal Date 1b - 3 - 4 1 For the meeting of 11- 19 - 9 1 Fee Paid yes Sign Deposit ye initials: DSC Sign Return Date: 1. The applicant is the owner ,/ other . (Check one) 2. APPLICANT: OCCUPANT: (if different) / , NAME: � a ADDRESSS kF_ .J ,�2APeas _iZ-u i & TELEPHONE: g-�; q 3. The property is located at: NAME: _ ADDRESS: TELEPHONE: (please give exact directions) 0 071 �v I S� Is'74 / u ne on �� �� /xt, r-� �%%�i ;�'s GP4 n laid.eK,< I . &-ae,,� T 4. The property has a road frontage of AW feet and a depth of ��feet and consists of /, j.S� acres. (please be exac ) 5. The property is owned by 46cld 14, UV , 141 G44e as evidenced by deed from f � „ s, recorded (ious owner) in deed book no. 33& on page g g y registry of the County of Frederick. 6. Magisterial District: &C,,:jr C.p_.,h page 2 of 5 0 0 7. 21-Digit Property Identification No.: #Oo6OgOC,000,c>©6C>r>O//3D 8. The existing zoning of the property is: 9. The existing use of the property is: //j*LP-0-^/7- 10. Adjoining Property: USE ZONING North 6,-r-M East F.-a,,, South Fa 2 r,, West e:5 i d e, 7,cc-- 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 12. 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 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 % Address 14 3 ayc ��b 1' WII-7 "'�"' V+ A,-.,?&O ( Property ID#`.a00001400006e)ov66a.//c,�6 QncC .4 1?e0ecca. - 61asse, Address .14 e Property ID# cfG, cozy 12 J )'/U / von��d ,�a�/�Ss Address Property ID# E/0 D Z) c.) j> d? Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# page 5 of 5 0 AGREEMENT VARIANCE # n 1( . 9 ' 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 �'n. �2P ) DATE /D SIGNATURE OF OWNER _ (if other than applicant) DATE -OFFICE USE ONLY- 1 BZA PUBLIC HEARING OF G C ACTION: - DATE - APPROVAL CI DENIAL SIGNED: —1 132A CHAIRMAN - DATE: : //_ / /_ ?i PLANNING COUNTY OF FREDERICK COURTHOUSE COMMONS 2ND FLOOR P. O. BOX 601 - 9 NORTH LOUDOUN ST. 0 WINCHESTER, VIRGINIA 22601 0j1"i k{ c v" sC i S NOV-5'91 .( 0 Vance L. & Rebecca H. Blosser HC 34, Box 44-A Winchester, VA 22601 iJ'.�� �►*main U �� COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/678-0682 November 5, 1991 TO THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) The Application Of: LOYD A. MICHAEL Variance Application #016-91 of Loyd A. Michael for a 33 foot rear yard variance for a storage building. This property is located off of Route 50 West on Route 614, in the Back Creek District and is identified as GPIN 4000OA00000113. This variance .application will be considered by the Frederick County Board of Zoning Appeals at their meeting of November 19, 1991, at 3:25 p.m., in the Board Room of the old Frederick County Courthouse, Winchester Va. Any interested parties having questions or wishing to speak, may attend this meeting. Sincerely, I W. Wayne riller Zoning Administrator WWM/slk t iJ L THE COURTHOUSE COMMONS 9 N. Loudoun Street - P.O. Box 601 - Winchester, Virginia - 22601 :-1 �J PAGE 2 OF 3 B�cl60f'��0207 I r — IRON PIN (FOUND) 1 IRON PIN (SET) I 1 r 1 j I I r 0 I f„ 1 PT. BEG, I 1 3 I WHITE I I OAK TREEy I N Ivy WALNUT TREE Ida- WHITE OAK rL1 .-- TREE w Og�4$1 ya w 3 0 00 0;? - 0o 0 - 0� cp 4�4�Lo a u) rn ins 'n g 10 o'l' o z z z BLAZED CHERRY TREE —/ L ALLEN ERERT /wk�� (LICEME) No. 1493 1.756 CRES TRACT NO. 40000AO000OQOO000113.0 ZONED RA O OR 0 to M w 0 0 d' to m d* ;z ca i>v z J C� LLI < tn. � �DRAINFIELD `�� � w AREA a m P 2G9� 36 " -r10t 0 z Q J Q_ W 1: 0 O fN / Qg0 p E P 551 0 0 B• 33A " d QI W 2 0 N �. N �,� rCDa W n 0. d t9 t �0 5 28•-�3ER LPN WWi o RRY sG0• 'T P 00o0000p20 Ha 334 " 0 0000 0• A000 tM IRPCT NO ZONep IRAR 0B ��A P• 55 2A PORES pE • 0 COUNTY of FREDERICK i Department of Planning and Development 703/665-5651 FAX 703 / 678-0682 November 5, 1991 TO THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) The Application Of: LOYD A. MICHAEL Variance Application #016-91 of Loyd A. Michael for a 33 foot rear yard variance for a storage building. This property is located off of Route 50 West on Route 614, in the Back Creek District and is identified as GPIN 4000OA00000113. This variance application will be considered by the Frederick County Board of Zoning Appeals at their meeting of November 19, 1991, at 3:25 p.m., in the Board Room of the old Frederick County Courthouse, Winchester Va. Any interested parties having questions or wishing to speak, may attend this meeting. Sincerely, -- W. Wayne riller Zoning Administrator WWM/slk THE COURTHOUSE COMMONS 9 N. Loudoun Street - P.O. Box 601 - Winchester, Virginia - 22601 0 0 This is to certify that the attached correspondence was mailed to the following on November 5, 1991from the Department of Planning and Development, Frederick County, Virginia: Loyd A. Michael 884 E. Macedonia Church Rd. Stephens City, VA 22655 Harry S. White, Jr. HC 34, Box 3869 Winchester, VA 22601 Vance L. & Rebecca H. Blosser HC 34, Box 44-A Winchester, VA 22601 Donald L. Bayliss P.O. Box 1310 Winchester, VA 22601- W. Wayne Mi er, Zo ing Administrator Frederick C unty Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK i I, a Notary Public in and for the state and county aforesaid, do hereby certify that W. Wayne Miller, Zoning Administrator for the Department of Planning and Development, whose name is signed to the foregoing, dated November 5, 1991 has personally appeared before me and r acknowledged the same in my state and county foresaid. Given under my hand this 5th day of November , 1991 . My commission expires on� page 4 of 5 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 Adoinin Property `[ T t r- t— -- N a tio EL 1 Property Line i "— "'----------- -----=Center of I Rood — — — — — -- ' Road SHOW THESE MEASUREMENTS ;49 5M .2/20/90 ILB/clh ojcrG(IIr.UrO0 THIS DEED OF GIFT, made and dated this 5th day of December, 1990, by and between HARRY SCOTT WHITE, JR. and SANDY H. WHITE, his wife, parties of the first part, hereinafter called the Grantors; and LOYD A. MICHAEL and ALYCE W. MICHAEL, his wife, parties of the second part, hereinafter called the Grantees; and HAZEL O. WHITE, party of the third part. WHEREAS, the Grantees herein are the owners in fee simple of that certain lot or parcel of land containing 1.265 acres, more or less, lying and being situate Southeast of Virginia Route 614, in Back Creek Magisterial District, Frederick County, Virginia, being the same property previously conveyed to said Grantees by that certain deed dated September 20, 1967, from Harry Scott White, Jr., Single, which deed is of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 336, at Page 289; and, WHEREAS, the said 1.265 acre parcel of land acquired by the Grantees by the terms of the aforementioned deed was a portion of the lands acquired by said Harry Scott White, Jr., by that certai 1yed dated August 18, 1967, from Harry Scott White and Haze] White, his wife, which deed is of record in the aforesaid Cl. ..'s Office in Deed Book 334, at Page 551; by the terms of sa; deed, Harry Scott White and Hazel 0. White, his wife, did r. ve a life estate in the larger tract of land conveyed tta in (of which the 1.265 acre lot or parcel of land now own( by the Grantees was a portion), and did further impose c ...ain duties and obligations upon the Grantee, Harry tt White, Jr.; and, WHEREAS, H .1 Scott White is now deceased, with a life estate in the r ,fined lands of the Grantor now vested in the party of the rd part; and, WHEREAT ne Grantors have agreed to convey unto the • • QKiii_�i:;�J"l_U Grantees herein an additional lot or parcel of land containing 0.490 acre, contiguous to the 1.265 acre parcel currently owned by the Grantees, which additional lot or parcel of land shall be merged with the existing 1.265 acre lot or parcel of land of the Grantees, thereby aggregating a lot or parcel of land determined upon current survey of L. Allen Ebert, L. S., dated November 21, 1990, to contain 1.756 acres, which plat and survey of said L. Allen Ebert, L. S., dated November 21, 1990, is attached hereto and incorporated herein by reference as if set out in full; and, WHEREAS, for valuable consideration received, the party of the third part does further join herein to convey, quitclaim and release unto the Grantees all of her right, title and interest in and to the lot or parcel of land conveyed hereby, and further, to release any duties, obligations, reservations and stipulations imposed or reserved in that certain deed dated August 18, 1967, and of record in the aforesaid Clerk's Office in Deed Book 334, at Page 551. WITNESSETH: That for and in consideration of love and affection, the Grantors do hereby grant and convey, with general warranty of title, unto the Grantees, in fee simple absolute, 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 Back Creek Magisterial District, Frederick County, Virginia, lying and being situate Southeast of Virginia Route 614, containing 0.490 acre, and being more particularly described by that certain plat and survey of L. Allen Ebert, L. S., dated November 21, 1990, attached hereto and incorporated herein by reference as if set out in full; and being a portion of the r QIlk 7 G(20?. lands previously conveyed to the male Grantor herein by that certain deed dated August 18, 1967, from Harry Scott White and Hazel O. White, his wife, which deed is of record in the aforesaid Clerk's Office in Deed Book 334, at Page 551. Reference is made to the aforesaid instruments and the references therein contained for a more particular description of the property herein conveyed. THAT FOR AND IN CONSIDERATION AS AFORESAID, the Grantees, as evidenced by their execution of this instrument, do hereby covenant and agree that said 0.490 acre lot or parcel of land acquired by the Grantees hereunder shall be merged with and become part of the existing 1.265 acre lot or parcel of land currently owned by said Grantees, so as to create that certain lot or parcel of land containing 1.756 acres, as more particularly described upon the attached plat and survey of L. Allen Ebert, L. S., dated November 21, 1990. The subdivision and conveyance of the hereinabove described 0.490 acre tract and merger of the same with the existing lot or parcel of land of the Grantees is with the express consent and approval of the County of Frederick, Virginia, as evidenced upon the hereinabove described plat of L. Allen Ebert, L.S., dated November 21, 1990, attached hereto and incorporated herein by reference as if set out in full. This conve ;e is made subject to all easements, rights of way and res ,ctions of record affecting the subject property. FURTHER CONSIDERATION AS AFORESAID, the party of the third part , join herein to forever convey, quitclaim and release unt! a Grantees, as tenants by the entirety with common law of survivorship, all of her right, title and interest in to the hereinabove described 0.490 acre parcel 3 aic"r �;(;...(.�203 conveyed hereby, and does further covenant and agree that any duties, obligations, reservations and stipulations imposed or reserved in that certain deed dated August 18, 1967, of record in the aforesaid Clerk's Office in Deed Book 334, at Page 551, from Harry Scott White, et ux, to the male Grantor herein are hereby forever released. 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 and encumbrances; and they will grant such further assurances of title as may be requisite. WITNESS the following signatures and seals: llf «C�I�C_ (SEAL) HARR SCOTT WHITE, co (SEAL ) SANDY ti . " W!iITE (SEAL) LOY A. MICHAEL (SEAL) ALYCrr W. MICHAEL (SEAL) r�, i �- (. ! H Z O. WHITE STAT VIRGINIA, AT LARGE, lOF ' To -wit: The foregoing instrument, dated December 5, 1990, was acknowledged before me, a Notary Public in and for the State s� and risdiction aforesaid, this Y J day of 19 �i , by HARRY SCOTT WHITE, JR.fiX?6T1 My Commission Expros June 30,1993 My Commission expires 4 • • ST TE' F VIRGINIA, OF The foregoing BKI uU�6U2U► NO ARY PUBLI LARGE, , To -wit: instrument, dated December 5, 1990, was acknowledged before me, a Notary Public in and for the State day of ' and Jurisdiction aforesaid, this Y 19-11 by LOYD A. MICHAEL. res JOB 30-1993 my Ccxnmiss�on Exp "" My Commission expires , • �•.�'' '•' N20 Y PUBLIC ' STATE OF VIRGINIA, AT LARGE, OF To -wit: The foregoing instrument, dated December 5, 1990, was acknowledged before me, a Notary Public in and for the State this �10\ day of •� ,�„��,,,, and Jurisidiction aforesaid, Carl 1991, by ALYCE W. MICHAEL. M1 Commission Upires lunc 30,1991. My Commission expires ' ,� cam �-�..-;-:�...����• NOTARY PUBLIC STA OF VIR� 4ATRGE,4 To -wit: he fort: ,g ment, dated December 5, 1990, was acknowledged ore me, a Notary Public in and for the State and Jurisdi aforesaid, this Lf'day of ' 19 , by Hi O. WHITE. My Commi.;i0n Expires Jung 30, 1993 1 .;����� My Come. ion expires ; i NO RY PUBLIC ��,, .•; ...`v .,. 5 �U205 STATE OF VIRGINIA, AT LARGE, ��-- ( OF 1� )A�p� �L�.� To -wit. i The foregoing instrument, dated December 5, 1990, was acknowledged before me, a Notary Public in and for the State and Jurisdiction aforesaid, this )5 day of 2f_ 192L, by SANDY H. WHITE. �� , .• '.'� My Commission expire C'A C r — r_ c� ;1 (\L0 )YT_Ioa NOT RY PUBL�C lam,/ THIS DEED PREPARED WITHOUT BENEFIT OF TITLE EXAMINATION