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HomeMy WebLinkAbout20-90 Wendall H Phillips - Gainesboro District - BackfileUpon submittal of your complete appl_:;ation, a sign will be issued to you for a fee of $25.00. This deposit will be refunded within five (_) days after the sian 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. Signature RECEIPT N2 022966 AMOUNT DUE l/ AMOUNT PAID ,.70 ;� v BALANCE DUE PAID BY QCASH I \Y CHECK OTHER t' 0 p, J JGYC►I 1111iEN7 P. 0. E y Li, 11 i_ WINCHESTER, ., G J, j Cw5 6ca1 THE SUM OF ✓//'� •' //�-%'si DOLLARS $ FOR iV BY DAY -TIMERS RE -ORDER No. 3221 — Primed in USA '6)1(.v Ipbefs �, oP cp mrr%e n+ :�jh e e-+ d ^ .l � S c 4:k 1 .�..7ei�".���5�f... i,?„Z':. .... .a• .�.ii Y':4 .tr�.. .i .::.tR� i COUNTY of FREDERICK Department of Planning and. Development 703/665-5651 FAX 703/667-0370 October 3, 1990 Mr. Wendall H. Phillips 1124 Oak Street. Winchester, Virginia 22601 Dear.. Mr. Phillips: This letter is to confirm action taken by the Frederick County Board of Zoning Appeals.at their meeting of October 2, 1990. Variance application #020-90 was approved for a 3' side yard and a 3 rear yard variance for a detached storage building. This property is located one mile north of Winchester on the south side of Route 522 in the Gainesboro Magisterial District and is identified as parcels 5A and 6 on tax map 53A. If you have any questions regarding the approval of this variance, do not hesitate to call this office. Sincerely, �)- 0)"Xwl Ak_ W. Wayne Miller Zoning Administrator WWM/slk, 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 VARIANCE # 020-90 WENDALL H. PHILLIPS LOCATION: One mile north of Winchester, on the south side of Route 522 at 1124 Oak Street in the Darlington Subdivision MAGISTERIAL DISTRICT: Gainesboro TAX MAP ,& PARCEL NUMBER: Tax map 53A, Parcel #Is 5A & 6 LAND USE & ZONING: RP (Residential Performance), land use - residential ADJACENT LAND USE & ZONING: RP (Residential Performance), land use - residential PROPOSED USE & IMPROVEMENTS: detached 14' x 18' storage building VARIANCE: 3' rear yard and 3' side yard REASON FOR VARIANCE: To permit the construction of an adequately sized storage building. Space is limited and location is limited so as not to adversely impact neighbors views. STAFF COMMENTS: This site was visited on September 6, 1990. A storage building built on the proposed location would not appear to have any adverse effect on the neighborhood. A storage building is located on the adjoining property to the rear of this property so an additional storage building would not be out of character with the surrounding properties. Staff recommends approval of this request. 0 0 COUNTY of FREDERICK IDepartment of Planning and Development 703/665-5651 FAX 703/667-0370 M E M O RA N D U M TO: Members of the Board of Zoning Appeals, FROM: W. Wayne Miller, Zoning Administrator SUBJECT: Special Meeting of the BZA DATE: September 21, 1990 Due to the lack of a quorum for the BZA meeting of September 18, 1990, the board was unable to consider the variance application of Wendall H. Phillips #020-90. A "special meeting" of the BZA has been scheduled for October.2, 1990 at 3:25 p.m. in order to hear Mr. Phillips application and to eliminate any further inconvenience to him. You will need to bring the agenda that was prepared for the September 18th meeting to the meeting of October 2nd. Please notify me if you are unable to attend this meeting or any meeting in the future. 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 • 1 ! COUNTY of FREDERICK IDepartment of Planning and Development 703/665-5651 FAX 703/667-0370 September 21, 1990 TO THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) The Application of: Wendall H. Phillips Variance Application #020-90 of Wendall H. Phillips for a 3' rear yard and a 3' side yard setback variance for an 14' x 18' unattached storage building. This variance application will be considered by the Frederick County Board of Zoning Appeals at their meeting of October 2, 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 Miller Zoning 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 September 21, 199fko he Department of Planning and elopment, Frederick County, Virginia. Mr. & Mrs. Wendall Phillips 1124 Oak Street Winchester, Va. 22601 Mr. James W. Jenkins 1123 Redwood St. Winchester, Va. 22601 Mr. Preston E. Moomaw, Sr. Sunnyside Station Winchester, Va. 22601 Mr. Paul Simmons, Sr. 1114 Oak St. Winchester, Va. 22601 Mr. William Storm 1127 Oak St. Winchester, Va. 22601 Mr. Charles Jenkins, Jr., 1333 Ambrose Dn.ive Winchester, Va. 22601 W. Wayne Mi ler, Zoning Administrator Frederick unty Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK 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 September 21, 1990 , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this 21st day of September 1990. My commission expires on September 30, 1993 NOTARY PUBLIC APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA Variance Application No. OOa e'9D Submittal Deadline is 17J" Application Date 0 For the Meeting of Fee Paid 7`c�,y� 97�[rs S•©� si�r�• 1. The applicant is the (owner) x (other) (check one) 2. NAME: Wendall H. Phillips OCCUPANT: (If other than applicant) ADDRESS: 1124 Oak St. NAME: Winchester, VA 22601 ADDRESS: TELEPHONE : 667-3057 TELEPHONE: 3. The property is located at (please give exact directions) _1124 Oak Street (1 mile north of Winchester, south side of Route of 522) Darlington Subdivision Gainesboro Magisterial District Frederick County 4. The property has a frontage of 150 feet and a depth of 87.5 feet and consists of .30 acres. (Please be exact) 5. The property is owned by Wendall & Thelma Phillips as evidenced by deed from Charles & Mary Webber recorded in deed book no. 234 on page 209 , registry of the County of Frederick 6. This property is designated as parcel no. 5A & 6 on tax map no. 53A in the Gainesboro Magisterial District. 53A00002000B00000005A 7. Property Identification Number: 53A00002000B000000060 8. The existing zoning of the property is: Residential 9. The existing use of the property is: Residential 10. The adjoining properties zoning is: Residential 11. The adjoining properties land use is: Residential 12. Describe the variance sought in terms of distance and type. (For example - A 3' rear yard variance for an attached two car garage.) A 3' rear yard and 3' side yard variance for an unattached 14`x 181storage building 13. List specific reas6n(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 Because our driveway is so narrow, we wish to erect the building at the rear of the property where it would not abutt the house. Without the variance, the building would have to be longer making it more expensive as well as unattractive to our neighbors as well as to us. If we may build it where we request, it would block only the ,,,garage-sho0p'Mn the_lot behind us, If we built it on.the lower half of the lot, we would have to cut down two (2) six foot boxwoods to make it available to a car. We would have a problem with a former drainfield and it would be in the view of our rear neighbor. a a e 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) NAME 1. James W. Jenkins Address: 1123 Redwood St., Winchester VA 22601 Property ID# : 53AO0002000B00000002A 53A00002000B000000030 2. Preston E. Moomaw, Sr Address: Sunnyside Station Winchester VA 22601 Property ID# : 53A00002000B00000006A 53A00002000B0000O0020 3. Paul Simmons, Sr Address: 1114 Oak Street Winchester VA 22601 Property I D# 53A00002000B00000003A 4. William Storm Address: 1127 Oak Street Winchester VA 22601 Property ID# : 53AO00020000000000050 5. Charles Jenkins, Jr. Address: 1333 Ambrose Drive Winchester VA 22601 Property ID# : 53A000020000000000060 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. Signature of Applicant: V (�U.d, oIA GG V Signature of Owner: Date 8'- &-90 For Office Use Only �yc� BOARD OF ZONING APPEALS PUBLIC HEARING ACTION OF (date)ff / Approval Denial CHAIRMAN: 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 G n 4 A G L $HOP Adjoining Property YOUR PROPERTY Adjoining Property o v fD T t � r- lAddi N tion o %verty Line ____Center of Rood ------- Rood SHOW THESE MEASUREMENTS 'ROAD (72EDWOo-D - F-91<11 Eta., st.) S. TEr,kI'nS L A t ALt w s J c � M VC01PLQTY Lon E � 0 ISO , '9 15 a r .2 s a i i I �I • i A7S i i i � ,t4 i 3yr 47 i ILL,r%L1or+ 51 i -R��n Coq� �.•) 0 0 COUNTY of FREDERICK IDepartment of Planning and Development 703/665-5651 FAX 703 / 667-0370 September 4, 1990 TO THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) The Application of: Wendall H. Phillips Variance Application #020-90 of Wendall H. Phillips for a 3' rear yard and a 3' side yard setback variance for an 14' x 18' unattached storage building. This variance application, will be considered by the Frederick County Board of Zoning Appeals at their meeting of September 18, 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, W. Wayne Miller Zoning Administrator WWM/slk 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 This is to certify that the attached correspondence was mailed to the following on September 4, 1990from O Department of Planning and D*lopment, Frederick County, Virginia: °:;::sAaooc>_:�acYaz�i<>o�ocic�cY�„ i�'F•I:L L..L..:1' F� f:� . WF.::NDG�LL. H . 1.1.24 OAK s'rREE::'T' :i;'�faC){7C?U:a'.{iUU3'rsQCYC�iY0UCa2. ,JE's:NK I NS , ,.JAMGS W. l t 2 3 REDWOOD SJ'RE ET W XNC,HES*T'(:::R , VA. ;:3A000YC)1?t)UUE+CiUt)<)UUUeS. M(](.)MAW, PRE?:£•3•T'0N E . h E:L_61:E: M :3lJNNY9XDE: +,•TAT :1:t}N L•J:CN(*Fd1:::STE:R, VA. Mr. Paul Simmons, Sr. 1114 Oak St. Winchester, Va. 22601 t521A0000UUUCODUUUUUS. E-;T:3;: M, W:I.L.L...LnM F. & HIL.I)A M. 1.1.27 C)AK ::3'rF::vu:—."T- W:CNCHk:STER. VA. 22601.... 5:.3A00002000(-00000006" ,JEENK XNLi , (::MARLE 23 L. _ ..JR - AMEtr<0E)F DF':IVE-::'. WXNC:F•IE S'rFR, VA. -'7 W. Wayne Mill r, Zon' g A ministrator Frederick Co my Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK I, Debi D. Swimlley , 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 September 4, 1990 , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this 4th day of September 1990 My commission expires on September 30, 1993 NOTARY PUBLIC JOSEPH B. NEWLIN ATTORNEY -AT -LAW WINCHESTER. VIRGINIA This D E E D made and dated this o30t:5? day of September, 19549 by and between Charles W. Webber and Mary A. Webber, his wife Grantors, parties of the first part, and Wendall H. Phillips and Thelma M. Phillips, his wife, Grantees, parties of the second part -- W I T N E S S E T H:- That the said parties of the first part for and in consideration of the cash sum of Ten Dollars, and other adequate considerations deemed valuable in law, the receipt of all of which is hereby acknowledged, do hereby grant , sell and convey with general warranty of title, unto the said parties of the second part, their heirs and assigns forever,, all of those tracts or parcels of land together with the appurtenances thereunto belonging, situate in Stonewall ragisterial Districrt, Frederick County, Virginia, known and described as the northern Block B 75 feet of Lot No. 5,/fronting 75 feet on Oak Street and extending C back with an even width of 75 feed, for a depth of 87.5 feet; and Block B. the southern half of Lot No. 6,/fronting 75 feet on Oak Street, and extending .back with an even width of 75 feet, for a distance of 87.5.feet. Reference may be made to the deed dated the 28th., day of April, 19540 of record in the Office of the Clerk of the Circuit Court for Frederick County, Virginia, in Deed Book No. 231, page 363; also to the plat of J. P. Darlington Sub -Division of record in said Clerk's Office in Deed Book No. 218, pages 552 and 5539 for a further and more particular description of said real estate. Said conveyance is made together with the improvements thereon and all rights, ways, privileged and appurt- enances thereto belonging. The said parties of the first part covenant that they have a good right to convey said real estate to the Grantees; that the same is free from all liens and encumbrances; and that they will grant such further assurances of title as may be requisite. Witness the following signatures and seals: C (SEAL) DOCUM ' 1I g` �ITEb ('EBV.1L S71TES .'jv TllIRTIl." -E "" K �Y M I�. M7, I"IEnK ���Tnnse^Ou.IRc !)_TIIIRrI S*'AE3 AEMIE MN"M' JOSEPH B. NEWLIN ATTORNEY -AT -LAW WINCHESTER. VIRGINIA • 0 State of Virginia, County of Frederick, To -Wit: 1, Nancy W. Glover, a notary public in and for the County of Frederick, in the State of Virginia, do hereby certify that Charles W. Webber and Lary A. Webber, his wife, whose names are signed to the foregoing and annexed writing bearing date the doLf day of September, 1954, have aach personally appeared before me in my County aforesaid and acknowledged the same. IZy commission expires April 81 1957. Given under my hand this 3 0 4A day of September, 1954. ry Public -3)-90 ��� APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA Variance �•.nplication No. Qa42"9D Submittal Deadline Application Date// l9U _ For the Meeting of 1. The applicant is the (owner) x (other) (check one) 2. NAME: Wendall H. Phillips OCCUPANT: (If other than applicant) ADDRESS: 1124 Oak St. NAME: Winchester, VA 22601 ADDRESS: - TELEPHONE: 667-3057 TELEPHONE: 3. The property is located at (please give exact directions) 1124 Oak Street (1 mile north of Winchester, south side of Route of 52 ) Darlington Subdivision Gainesboro Magisterial District Frederick County 4. The property has a frontage of 190 feet and a depth of 87.5 feet and consists of .30 acres. (Please be exact) 5. The property is owned by Wendall & Thelma Phillips as evidenced by deed from Charles & Mary Webber recorded in deed book no. 234 on page 209 , registry of the County of Frederick 6. This property is designated as parcel no. 5�A & 6 on tax map no. 53A in the Gainesboro Magisterial District. 53A00002000BOOO00005A 7. Property Identification Number: 53A00002000BOOO000060 B. The existing zoning of the property is: Residential 9. The existing use of the property is: Residential 10. The adjoining properties zoning is: Residential 11. The adjoining properties land use is: Residential 12. Describe the variance sought in terms of distance and type. (Fox example - A 3' rear yard variance for an attached two car garage.) A 3' rear yard and 3' side yard variance for an unattached 14'x 18'storage building 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 Because our driveway is so narrow, we wish to erect the building at the rear of the property where it would not abutt the house. Without the variance, the building would have to be longer,making it more expensive as well as unattractive to our neighbors as well as to'us. If we may build it where we request, it would block only the garage-shcrbl,on the lot behind us. - -- If we built it on the lower half of the lot, we would have to cut down two (2) six foot boxwoods to make it available to a car. We would have a problem with a former drainfield and it would be in the view of our rear neighbor. 4 Sae T-,ao "lariance 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) AI TMV 1. James W. Jenkins Ad ress: 1123 Redwood St., Winchester VA 22601 Property ID# : 53A00002000B00000002A 53A00002000B000000030 2. Preston E. Moomaw, Sr Address: Sunnyside Station Winchester VA 22601 Property ID# : 53A00002000B00000006A 53A00002000B00000002O 3, Paul Simmons, Sr Address: 1114 .Oak Street Winchester VA 22601 Property ID# 53A00002000B00000003A 4. William Storm Address: 1127 Oak Street Winchester VA 22601 Property ID# : 53A000020000000000050 5. Charles Jenkins, Jr. Address: 1333 Ambrose Drive Winchester VA 22601 Property ID# : 53A000020000000000060 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. Signature of Applicant: l..& )•! -Date-9- -90 Signature of Owner: Date Y- &-90 For Office Use Only BOARD OF ZONING APPEALS PUBLIC HEARING ACTION OF (date) Approval Denial CHAIRMAN: