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Home My WebLink About28-92 Eugene Johnston - Opequon District - BackfileRECEIPT N2 023537 AMOUNT DUE l AMOUNT PAID BALANCE DUE PAID BY CASH ❑ CHECK OTHER FREDU-dul% 1 ANNING AND DEVELOPMENT P.O. BOX 601, 9 COURT SQUARE WINCHESTER, VIRGINIA 22601 RECEI ADDR THE E FOR BY DAY -TIMERS RE -ORDER No. 3221 — Printed in USA yv t � �` roy� �. / �` ?'� �T .. ii� ��z �� }''`I � 1 �. .� �,, _ �..- ,�,> -�� ` gip, • 4 tir_��... ±�.,� ,cam - .. f '�. DATE: TIME: tj NAME: • TIRE 4 fmi i.: TAX MAP: 9D -A - 5 I ZONING: !2 A SUBJECT: LtGG?1�ia�y I�wel%,na VIOLATION NO: ✓ARIAWf-C AP 602-0 :1� PHOTOGRAPHER: ...mis,niw..A. � A 1.•M.... 1+�9,L., irS: TO: FROM: SUBJECT: DATE: MEMORANDUM Finance Department Denice Cather, ,Clerk Typist Return Of Sign Deposit January 5, 1993 COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 The amount of $25.00 was deposited in line item #10-1911-08 for the person named below as a deposit for a sign. They have now returned the sign and are therefore entitled to thereturn of their deposit. Please send a check in the amount of $25.00 to: Eugene Johnston 175 Long Meadow's Court Middletown, Virginia 22645 Please contact me if you have any questions. 9 North Loudoun Street P.O. Box 601 Winchcster, VA 22601 Winchcstcr, VA 22604 FILE COPY I November 20, 1992 Mr. Eugene Johnston 175 Long Meadow's Lane Middletown, VA 22645 Dear Mr. Johnston: COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their meeting of November 17, 1992. Your application #028-92 was approved for a 144 square foot variance from the allowed square footage of an accessory dwelling; however, the following condition was placed on your request: 1. This variance will expire upon change of occupancy of either the primary residence or the accessory residence. Applicant will be responsible for notifying the County Planning Department of such change in occupancy. This property is located on Route 841, south of Middletown in the Back Creek District, and is identified as GPIN 900000A0000510. Please do not hesitate to call if you have any questions. Sincerely, Ronald A. Lilley Planner II RAL/slk 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 0 -• BZA REVIEW DATE: 11/17/92 VARIANCE #028-92 EUGENE JOHNSTON LOCATION: Va. Route 841, .14 miles east of Route 11 - one mile south of Middletown MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 90-A-510 PROPERTY ZONING & USE: Zoning - RA (Rural Areas) Land use - residential ADJOINING PROPERTY ZONING & USE: Zoning - RA (Rural Areas) Land uses - vacant and residential VARIANCE: A 144 sq. ft. variance from the allowed square footage of an accessory dwelling REASON FOR VARIANCE: Applicant wishes to converted garage/workshop to accessory dwelling to accommodate elderly parents (in-laws of applicant). They had a hardship in that they were forced to move from their trailer park and had no place to go. Mother-in-law had a stroke and is paralyzed on one side. Father-in-law is half blind and unable to afford or maintain a residence without close supervision. In-laws are income -limited and have high medical costs, etc. STAFF COMMENTS: The Zoning Ordinance allows for accessory dwellings with single family dwellings, but stipulates that the accessory dwelling be no more than 25% of the gross floor area of the primary residential structure. This is to prevent excessive activity (traffic, vehicles, noise, etc.) being generated on one lot and to generally discourage disproportionately large accessory structures. In this case, the normal allowance would be for an accessory dwelling of 656 SF, but the applicant has made an accessory dwelling of 800 SF. The same structure, when used as a garage/workshop, did not require a variance. The applicant did not obtain proper building permits at the time of the building conversion, which led to a completed accessory dwelling before being notified of the 25% limit. The hardship cited, while not related to the physical parameters of the lot in question, is not particularly common to other lots in the district, nor in the immediate area of this lot. Given the relatively small amount of additional activity generated on this lot by the occupants of the accessory dwelling and the fact that the structure itself would not require a variance as originally used, there is no compelling reason to disapprove this request. However, it should be realized that different occupants of the accessory dwelling could well generate more activity than is currently generated. Further, the hardships of the current occupants would not be shared by other occupants. Therefore, a provision that this variance expire upon change of occupancy of either the primary residence or the accessory residence has been proposed by the staff and agreed to by the applicant. STAFF RECOMMENDATIONS: Approval, with the condition that the variance will expire upon change of occupancy of either the primary residence or the accessory residence. Applicant will be responsible for notifying the County Planning Department of such change in occupancy. page 1 of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA -OFFICE USE ONLY - Variance Application No. 6' Fj-9 a Submittal Deadline /p 2 Z Submittal Date /6 - 94 -9 a- For the meeting of / Z- Fee Paid Sign Deposit es es initials: � Sign Return Date: 1. The applicant is the owner 2. APPLICANT: NAME: CU(;entz J014"JST0JJ ADDRESSyn -I.nNG fmAbojs JA.JE M+&nLC--MWA) ,V,4 ZZ4�v.i TELEPHONE: 57i10 3. The property is located at: other . (Check one) OCCUPANT: (if different) NAME: _ ADDRESS: TELEPHONE: (please give exact directions) 4. The property h s a road frontage of /00, 70 feet and a depth of / ` iW'46 and consists of 0, q5-9 -acres. (please be exac ) 5. The property is owned by t�. COJF, —TyniSMA) 3A ToN�1�Tna� as evidenced by deed from Leuise 8�� iAKF 2 recorded (previous owner) in deed book no. on page S'07 registry of the County of Frederick. � � A,-r,r r> 6. Magisterial District: rIfEbEIZICle D � OCT 2 6 W2 �+ ` page 2 of 5 Is • 7. 21-Digit Property Identification No.: eip A - 51 8. The existing zoning of the property is: WA 9. The existing use of the property is: 10. Adjoining Property: USE ZONING North 3,6a' f OA East South West ResrA,, I-ra 11. Describe the variance sought in terms of distance and type. (For example - A 3' rear yard variance for an attached two car garage.) __G�r��•vf' �r'mxy ��4ia'�e,��c.. � Zb 2y 5F �ur�u, f aG S�'v des; �eY►ce goo 144- evr' over . OWMW 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 _ / %% p II-- {S 11 /1 I—ro C' I �/I/1 1 N'�/ e`A C' f A O ir'O rt�'l�/'A� �l 11, k-1 r1 �L.irS�.._ 44 n s n �t"f,, oast[ 4- had no oktm 1vc,16 , V1dclW -t/y, , /aio had c- Qh-Ae. �' 13. page 3 of 5 0 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.) NAME C j2. ►�'1eL (��l2 Address /Y/ c� 43° f �^ lG t7�ltti.� Property ID# ® !�/vtrf Address Property ID# j1,4— 'S 1.7 -ras ' Address Property ID# _ 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 4 of 5 0 0 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 ( a i � T r- tAddi ice; Propertv Line i "—'------------------=.Center of Rood-------' Road SHOW THESE MEASUREMENTS 0 To uS. Rau>Ei/ R R NEFi — —.ice 19 -- ¢SB AG.PES' 4 B. 2B0 /75 I IAA. ROUTE 8 g� a No rE s /PF= /PaU P Fouvo ��= Por/CR PoiE —�— = OvE.P�'E^O PorVER G�.vE This U�N P.POP6,PTY OOE.S NOT E Liwrf/iv AN fCUO O-S�Gn/1�Eo /00 YEf7R FL d'LO �- ,SU.P✓E YO.PS CG-iPT/FicATE I �ERTiFY TL/AT ON A�iPiL �B� /9B7 fin/ ALGURATE .SU.P✓EY O<' TN�- ,4A/o /HAT �:/EPEsAfe- /UO ENCPD�NME�TS O///�JJJ l//S BCE EYEN�tiTS u �XCEPT A-5 .SHOAV�/ DOc/GG ,1.5 C' LE6GElr_ ��L.SJ TiTc E _Sr/.r✓EY ,/p f/N F �A KE"rP L o 7- SCALE: �" = 40 DATE t APR/L Z9, /9B7 GREENWAY ENGINEERING AND SURVEYING CO., INC. qT 6 - 90X t510 9 MI�E6 EAII ON gOUTE 50 WINCHESTFA, vIROtNIA 22Ep1 TEIEPRONE MY-�t16 wstrwnmd u rtwq was prmiuced to me on the dey of 19_0-- at a P. ry i and with certihcata o a knowhadgment thereto anaesed was admit: record. T uupoeed by Sec. 55.64.1 of 3_/JJ l7 ,and 5A-S4lh— been paid, if ....able. ICl/• 1 (��_ Cle.k ,i DOJkA,'., C. L[GGE ` - W.D SHEET / of / page 5 of 5 • 0 AGREEMENT VARIANCE # Q,2A-9A 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 ,/Zluze-9�_ DATE SIGNATURE OF OWNER L4� DATE (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF ACTION: - DATE - APPROVAL i DENIAL SIGNED: BZA CHAAIRMAN DATE: /l _ I Page 2 of 5 • C/ I �k,5 16136 7. 21-Digit Property Identification No.: 90- A - S/ 8. The existing zoning of the property is: WA 9. The existing use of the property is: Re. e,;de, , �,4 10. Adjoining Property: USE ZONING North f East South West RCS; A., fl' 11. Describe the variance sought in terms of distance and type. (For example - A 3' rear yard variance for an attached two car garage.) Gcc/tr,•�•f �►'%-►�Ny ��SI�u�� Z6 Z 5F /.ur�'ati aG�yo-ry 1'es%r%Yrc� = SGb r�C. 144- SF' over . Oer"Iw 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 t ereto J 1_i.ilL 116tc( Y-'L' i'A!i" 1 J �i'i�'; 13. page 3 of 5 0 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.) NAME MOCA(Z rEz Address � � � � ��W4k'L�vu^�� Property ID,# k , k , /ii EFF Address Property ID# Address Property ID# go_ 1,r4 Address Property IDm Address Property ID# Address Property ID,# Address Property ID,# Address Property ID# Address Property ID# Address Property ID,# Address Property ID# • i November 3, 1992 COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 TO THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) The Application of: EUGENE JOHNSTON VARIANCE APPLICATION #028-92 FOR: 144 square foot variance from the allowed square footage of an accessory dwelling. This property is located 0.14 miles east on VA Route 841 - one mile south of Middletown off of U.S. Route 11, in the Opequon District, and is identified as GPIN 900000A0000510. This variance application will be considered by the Frederick County Board of Zoning Appeals at their meeting of November 17, 1992 at 3:25 p.m., in the board room of the old Frederick County Courthouse, Winchester, Virginia. Any interested parties having questions or wishing to speak may attend this meeting. Sincerely, a W. Way Miller Zoning dministrator WWM/slk 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 This is to certify that�►e attached correspondence was�i.led to the following on November 3. 1992 from the Department of Planning and Development, Frederick County, Virginia: �,.)t:)I-1%1:i3'i"t:)i'�, i:::t.Jt�lii:r�•ll:i: 1*.'Y' ;? X-40 < :4• 6 I r"r:CX)X>r...1:':'Y't:)WNA Vh.. � r�t:,t er�l�,•Y•r;:ry , t::r••rnr�1,.:1:�e:r r: I'v'Y12 Xis(:)h' :). C.') A MXDX}1...r3:'Y'0WN., VA., 90 ry ivll3:r'I I'v:i:C:t Ifa1vX) ., rv'Y' 3 1.10X :1: (i)(i) W:1:rtlt:;I••11-.,8Y'r.:R, V6 Y'i.);i ING, t;;f&y L.,. STATE OF VIRGINIA COUNTY OF FREDERICK 49 I W. Wayne Mil er, Zoning Administrator Frederick County Dept, of Planning IY 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 November 3, 1992 , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this 3rd 'day of November Y1992 My commission expires on August 31, 1995 i E 0 Louise Bly Baker To Eugene Johnston Barbara L. Johnston Rt. 2, Box 16 Middletown, Virginia 22645 D E E D Bohn In. 'T ccunc ATTORNEY AT LAW p. O. BOX 1424 FRONT ROYAL, VIRGINIA 22630 • BK649PG507 D E E D THIS DEED, made and entered into this 2nd day of June, 1987, by and between LOUISE BLY BAKER, widow, GRANTOR, and EUGENE JOHNSTON and BARBARA L. JOHNSTON, husband and wife, tenants by the entireties with the right of survivorship, GRANTEES. WITNESSETH: That for and in consideration of the sum of TEN DOLLARS ($10.00), cash in hand paid, to the Grantor by the Grantees, and other good and valuable consideration, the receipt of all of which is hereby acknowledged, at and upon the signing, sealing and delivery of this instrument, the Grantor does hereby grant, bargain, sell and convey with GENERAL WARRANTY of title, and the usual English Covenants of title, unto Eugene Johnston and Barbara L. Johnston, husband and wife, tenants by the entireties with the right of survivorship as at common law, not as tenants in common, all the following described real estate: TAX MAP RE: 9 A 51 OPEQUON All that certain tract or parcel of land, con- taining 0.458 acres, more or less, together with all improvements thereon, and all rights, easements and appurtenances thereunto belonging, lying and being situate in Opequon Magisterial District of Frederick County, Virginia, being particularly described by plat and survey thereof prepared by Greenway Engineering and Surveying Co., Inc., Douglas C. Legge, C.L.S., dated April 29, 1987, which is attached hereto and made a part hereof, and being all the same real estate conveyed to John F. Baker and Louise Bly Baker, his wife, by deed dated July 7, 1962, from Raymond H. Bly and Katie M. Bly, his wife, and of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 280, at Page 175. The said John F. Baker having departed this life on August 28, 1981, and the real estate having vested in Louise Bly Baker, pursuant to the survivorship provisions in said deed. This conveyance is made expressly subject to all rights of ways, easements and restrictions now of record on said property JOHN N. HcCUNS ATTORNRT AT LAM FRONT ROTAL. VI"INIA 4449 u BK649PG508 -2- as the same may lawfully apply. Except as set out above, the Grantor covenants that she has the right to convey such land to the Grantees; that she has done no act to encumber such land; that the Grantees shall have quiet possession of such land free from all encumbrances; and that she will execute such further assurances of title as may be requisite. WITNESS the following signature -annd seal: / (SEAL) Louise Bly gaker STATE OF VIRGINI`A, _ l COUNTY OF\\\��+ a Notary Public in and for the State and County aforesaid d hereby certify that Louise Bly Baker, widow, whose name is signed to the foregoing Deed bearing date on the 2nd day of June, 1987, has this day ackowledged the tIPIC "i6ix4e•-before me in my State and County aforesaid. Gwen under my hand this aC\k day of 1987. U Q �`�.••� My sion expire s: \ \ D Notary Pub -Tic GRANTEES: Eugene Johnston Barbara L. Johnston Route 2, Box 16 Middletown, Virginia 22645 JOHN N. McCUNE ATTORNEY AT LAW FRONT ROYAL, VIRGINIA