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HomeMy WebLinkAbout26-90 Donald & John Taranto Lot 1 - Back Creek District - Backfile (2)RECEIPT 142 023059 AMOUNT DUE s�. `.� AMOUNT PAID 1 $ BALANCE DUE PAID BY El CASH ❑ CHECK ❑ OTHER A / -1 FREDERICK COUNTY DEPT. OF PLANW NG AND DEVELOPMENT P.O. BCX 601 0 9 COURT SQUARE WINCHES -TER, VIRGINIA 22601 • (703) 665-5651 ADDRESS THE SUM FOR BY DOLLARS S-7 — ,,66V 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. Signature � +rt .•+• ( Y r COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/667-0370 November 26, 1990 Dove and Associates Attn: Mr —Tom Davis P.O. Box 2033 . Winchester, Virginia 22601 Dear Mr. Davis This 'letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their meeting of November 20, 1990. Variance application #026-90 was approved for a 40' front width _variance for an existing dwelling and a one acre lot size variance for Lot 1, variance application #027-90 was approved for a one acre lot size variance for Lot 2 and variance application #028-90 was approved for a one acre lot size for Lot 3. This property is located on Route 619 off of Cedar Creek Grade in the Back Creek District and is identified as parcel 52 on tax map 61. If you have any questions regarding the approval of this variance do not hesitate to call this office. , sincerely, ` y W. Wayne iller Zoning A inistrator WWM/slk cc: Donald N. and John.H. Taranto 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 VARIANCE APPLICATION #026-90 DONALD N. & JOHN H. TARANTO LOT 1 LOCATION: West of Winchester on Route 619 1/2 mile off Cedar Creek Grade. MAGISTERIAL DISTRICT: Back Creek TAX MAP & PARCEL NO.: Tax map 61, Parcel 52 PROPERTY ZONING & LAND USE: Zoned RA (Rural Areas), Land use - Residential ADJOINING LAND ZONING & USE: Zoned RA (Rural Areas), Land use - Residential. VARIANCE: 40' front width variance for an existing dwelling and a 1 acre lot size variance REASON FOR VARIANCE: The 9.42 acre tract has three residences located on it. These were located there pre -ordinance. The property recently passed to new owners through inheritance and they desire to dispose of the properties since they live out of state. To sell the individual residences they need to divide the property into individual lots. Proposed lot 1 requires a variance from the 5 acre lot requirement and from the 150 foot width requirement. STAFF COMMENTS: This is a tough situation to which there is probably not a good solution but the one presented by the applicant is probably the best available. The appearance of the neighborhood would not change if this application were approved and the existing houses would be on individual lots with each having an approved health system. It would not be appropriate to penalize the owners or restrict them from selling the property just because it was long ago put into such a non -conforming condition. All of the residences are permanent built (as opposed to mobile) homes and should they ever need to be replaced they would be required to meet all setbacks. 12,all Co&4 bERICK 9 COURT SQUARE 4V� & - - - af P. 0. Box 601 f UP 0 WINCHESTER, VIRGINIA 22601 NOV - 6190 5 SIR j/ 61.000002000000000009% -R FE:(,EIGRE AVS, BARBARA A . & p. C). 1.'.iC)X 2-474 WINMIESTER, Vf-')- 22601- pf�Es474 eahojaoj,3 -L5qo 11/0,S/qo PRESGRAUES BOX CLOSED UNABLE TO FORWAR0 RETI.lm T13 semim COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703 / 667-0370 November 6, 1990 TO THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) THE APPLICATION OF: DOVE AND ASSOCIATES Variance Application's #024-90, #025-90 and #026-90 of Dove and Associates for Donald N. & John H. Taranto of Greeley, Colorado, for a 40' front setback variance and a one acre lot variance for Lot 1; a one acre lot variance for Lot 2; and a one acre lot variance for Lot 3. This property is located off of Cedar Creek Grade on Route 619 in the Back Creek Magisterial District and is identifed as parcel 52 on tax map 61. This application will be considered by the Frederick County Board cf Zoning Appeals at their meeting of November 20, 1990 at 3:30 p.m. in the Board of Supervisors meeting room, the old Frederick County Courthouse, Winchester, Virginia. Any interested parties having question or wishing to speak may attend this meeting. Sincerely, �0- Vz&-t, W. Wayne iller Zoning Administrator WWM/slk 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 PLANNING P2 A' COUNTY OF FREDERICK 9 COURT SQUARE P. O. Box 601 WINCHESTER, VIRGINIA 22601 Barbara Presgraves P.O. Box 247�- Winchester, Va. 22601 U.S.POSiAGE "'111 0.2 5 W PRESCiRAUE BOX CLaSED UNABLE TO FORWARD RETURN TO SENDER • u COUNTY of FREDERICK Department of Planning and .Development 703/665-5651 . 'FAX 703 / 667-0370 November 6, 1990 TO.THE APPLICANTS) AND/OR ADJOINING. PROPERTY.OWNER(S) THE,APPLICATION OF: DOVE AND ASSOCIATES- VarianceApplication's .#024-90, #025-90 and #026-90 'of Dove and Associates for Donald N. & John.H. Taranto of Greeley, Colorado, for a 401.front setback variance and a one acre lot variance for Lot 1;,a one acre lot variance for Lot 2; and a one acre lot variance for Lot 3. This.property is located off of Cedar .Creek Grade on Route 619 in the Back Creek Magisterial District and is identifed as parcel 52 on tax map 61. This application will be considered by the Frederick County Board of Zoning Appeals at their meeting of November 20, 1990 at 3:30 p.m. in the Board of Supervisors meeting room, the.old Frederick County Courthouse, Winchester, Virginia. Any interested parties. having question or wishing to speak may attend this meeting. Sincerely,, . 'W. Wayne iller Zoning Administrator WWM/slk 9 Court Square - P.O. Box 601 Winchester, Virginia - 22601 DOVx & ASSOCIATES P.O. BOX 2033 WINCHESTER, VIRGINIA 22601 (703) 667-1103 ARCHITECTS • ENGINEERS •PLANNERS •SURVEYORS October 24, 1990 Frederick County Board of Zoning Appeals P.O. Box 601 Winchester, Virginia 22601 RE: Variance Request, Parcel 52, Tax Map #61 Back Creek District, Zone RA Dear Sirs: Request is hereby made for variances to the Frederick County Zoning Regulations, on the above referenced parcel. These variances are requested for Lots 1, 2 and 3, on the attached plan, and are as follows: Lot 1: Variance of Section 4-4-2.1, 5 acre requirement Variance of Section 4-4-3.1 150' width at building line Lots 2 & 3: Variance of Section 4-4-2.1, 5 acre requirement The proposed lots comply with all other zoning requirements of Frederick County. These variance requests are based upon existing conditions. the parcel at this time is 9.41943 Acres, and has 3 houses on site, all occupied, that have been on site greater than 20 years. The owners of the property obtained the property through a will, and are planning to sell the properties. Therefore, they do not want to apply under Section 4-4-2.2, which allows family divisions less than 5 acres, but greater than one acre. By creating these separate lots for the existing houses, and creating Lot 4, the property would be in compliance with the County desires to reduce multiple houses on individual lots. On Lot 1, the waiver of the 150' front width is also based on ex- isting conditions, as shown on the attached plan. As noted above, these lots do comply with 1 acre minimum require- ments, side and rear yard requirements, and depth to width ratio requirements. 10 w • October 24, 1990 Page 2 Thank you for you consideration in this matter. If you have any questions, please call. Sincerely, DOVE & ASSOCIATES, INC. Thomas E. Davis TED/mds ]"Y�rt�l l��o 9 0 October 25, 1990 Dove & Associates 3078 Shawnee Drive •rnn/A� Winchester, v A 242601 Attn: Tom Davis Subjecrt: Parcel 52, Tax Map 61 Li rreoeriLk CuuiUy, vllb'11ud ;Q A) A r-rec nn Rni ltP A14) Tom, This letter is to inform you that you have the authority to sign our Variance Application to Frederick County for the above referenced property. JOHNALD, LTD Thanks, John Taranto Partner 749 wj\ lI_ Im.y, RIJU n a P,,Pf Cnllina, C.Anr2dn R0525 • (303) 226.0557 e FAY (' 01) 0 t, OCT 2 9 990 u------' i APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA Variance Application No. Application Date Fee Paid Submittal Deadline is 10/26/9_0 For the Meeting of 11,(2()(9n 1. The applicant is the (owner) X (other) (check one) 2. NAME: Donald N. & John H. Taranto OCCUPANT: ( If other than applicant) ADDRESS: 1750 25th Avenue NAME: Greeley, Colorado 806 1 ADDRESS: _ TELEPHONE: ( 303 ) 356-3728 TELEPHONE: 3. The p�operty is located at (please give exact directions) Route 622, West from Winchester to Right on Route 619 (Cedar Creek Grade) property is on right side of road approxima Ply 3; mile frrxn interspctiun 4. The property has a frontage of 945' feet and a depth of 586' feet and consists of 9.4 acres. (Please be exact) 5. The property is owned by Donald N. & John H. Taranto as evidenced by deed from Anthony J. Taranto recorded in deed book no. 351 on page 224 , registry of the County of Frederick 6. This property is designated as parcel no. 52 on tax map no. 61 in the Back Creek Magisterial District. , 7. Property Identification Number: 61000A000000000000520 8. The existing zoning of the property is: RA 9. The existing use of the property is: Residential 10. The adjoining properties zoning is: RA 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 40' front width vari ancp fnr an Pxigt i nQ dwpl 1 i pgQn P'-o PC)5o4� Lo'f 1 ar n- 1 nt si ze vari am t- on Pq0 ICJ LOT I T 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 See attached letter Page Two Variance LJ L L_J 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. Address: Taranto, Route 4, Box 375-T, Winchester, VA Property ID# : Monroe & Henrietta 2. Address: Thompson, Route 4, Box 376-A,Winchester, VA ProPerty ID# : 61000902000000000004A Charles J. , 3. Address: Renner, Route 4. Box _ Jams R, Martha C. Property ID# 610000020000000000070 4 • Bishop, Address: Jeffrey J., Kathy K. Route 4, Box 837-C, Winchester,VA Proppertyy ID#: 610006020000000000080 5 • Presgraves, Address: Barbara A., Clyde W. P.O. Box 2472, Winchester, VA Proppertyy ID#: 610000020000000000090 6 • Rust, Address: lames S., Diana H. k"' Route 4, box 376-S, Winchester, VA Property ID# : 610000020000000000100 7, ^ ;��app, Address: Carlton R, Route 4, Box 375-S, Winchester, VA Property ID# : 'Virginia E. 610000020000000000110 8. Address: Dylan P. , Louise S. Route 3,Box 174, Winchester, VA property ID# : 61000A000000000000460 77 Address: Route 4,Box 381-D,Winchester, VA i<k>nald C, Rosalie D. Property ID#:6100000400000000000F0 Address: Itigan, Route 4, Box 381-E Winchester, VA i:i)arles H., Judith T. Property ID#:6100000400000000000E0 15. Additional comments, if any See Attached 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 proYer�y for the purpose of making site inspections. I/we hereby dep000 and say that all of the above statements and the statements contained in any exhibits transmitted are true. Sig„at;:re of Applicant: -Zll� -S)—.;p Date tel l5 a Signature of Owner I)_H Date�C1 For Office Use Only BOARD OF ZONING APPEALS PUBLIC HEARING ACTION OF (date)//t 2 O Approval Denial CHAIRMAN: _✓ • COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/667-0370 November 6, 1990 TO THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) THE APPLICATION OF: DOVE AND ASSOCIATES Variance Application's #024-90, #025-90 and #026-90 of Dove and Associates for Donald N. -& John H. Taranto of Greeley, Colorado, for a 40' front setback variance and a one acre lot variance for Lot 1; a one acre lot variance for Lot 2; and a one acre lot variance for Lot 3. This property is located off of Cedar Creek Grade on Route 619 in the Back Creek Magisterial District and is identifed as parcel 52 on tax map 61. This application will be considered by the Frederick County Board of Zoning Appeals at their meeting of November 20, 1990 at 3:30 p.m. in the Board of Supervisors meeting room, the old Frederick County Courthouse, Winchester, Virginia. Any interested parties having question or wishing to speak may attend this meeting. Sincerely, W. Wayne iller 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 November 6, 1990fro * e Department of Planning and De.lopment, Frederick County, Virginia: Donald N. & John H.;,. Taranto Sarbard Presgraves 1750' 25th Ave. P.O. Box 2472 Greeley, Colorado 80631 Winchester, Va. 22601 XXXXXX_ ? 4? 1 ( 5 4 > 6 C. (XX)0�02<XX',-()<)<y< X-4ARX-."ARA 'TARANTO, m:)IIA 1 1) N. fv 0- X-.'(:)X 2-474 cia VA., F*T. C,01 01-IN1431 GO. G 0 152 6 192 11.2 6 0 1. 0 0 0A o o oo 0 0 ob o < > TARANT0, MC)NR(:)1.,:: 'Jaffies':'S'�': &,bi, Diana H.'. -Rust.,,: Ivr 4 X-*4c)x zvr ?"'S.-T Route 4,'Box 376'.'s' VA., Winchester, Va. 22601 j A. J^ isr�, RT 4 vi c) - "'r RT 141 X%i 0 X ;'76 A' Wx VA VA. xxna�! R. IVY' zrn.-; HART11A 01. VA IvE i . WX N VA 2,2601. N01-A X.110y A74 W. -T.rr�, VA, Jeffery J..& Kathy*K.Bisho p Route 4, Box 837C i Winchester, Va. 22601 4 X`40>11 W T 1\1 1­1 R VA STATE OF VIRGINIA COUNTY OF FREDERICK I, Debi D. Swimley W. Wayne Mille Vx' Zoning,AcTministraCor Frederick County 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 November 6, 1990 , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this 6th day of November 1990. My commission expires on September 30, 1993 NOTARYPUBLIC • TARANTO-8ZA WEN -IN, R#aida`ti.,.X) i:, i4 fiia£i36a1...TK.: X) UJ:I:i+lt:;I•-ltii:#i3'Y'lii:l�i, �+'r•'�„ ;: (601..... �,.. Charles H. &Judith T..Hagan i Route 4, Box 381—E Winchester, Va. 22601 1••ir••rt:re'�i�!, d:.!••Ir"il�:l..fi:#a I"',. c'� ..li.iX}:1:'Y'I••I 'Y' f�'Y'f:i: f'F X•:+#:1){ ;i£i34)lii: W:I:i�IC�I••Itii:#:§'Y'iEs:Fv, 4f:l:i�i{:r:Citia:r'�t ! UtSGu II `�:i1� LEE.D, made and ciated this `_d �-+��day of Narch, 1969, by ;/6069 ! and between l AYINAOND M. ..OY and C iARLOTT , A. �.OY, h:b wife, parties � I. of the fie 5t part, ncreinafter rci;=ed to as ,: rartors,,ANTHONY J. I( itTARAN'20, .::VouCED, party of the second part, L-creinafter referred to his wile, II .a Grantee; and GA1Z...AND-I.. GA.�:IR andLO�iI.Sr. S. GAt'�r:il, i �i �I parties o the third part. f �j WITNESS That for and in coniiderati.�a of Lilo mourn of Ten i I Dollars (:oi0.0U), cash in hand paid, and other good a.:d valuaule consideration,, 4eknowleab.:d, the. Grantors do hereby grant the receipt of which is hereby 1 I� and convey, with bc:neral warranty of title, unto the Grantee, all that lot or d containinb g nine acres, more or less, together with all rights, parcel Of la i p: ivi:cgcs alid appurtenailces thereto belonging, lying and being situate alOng I Itiic Northern and Western sic:e of Virginia 6Late Secondary I.ighway No. 6i`1, auout one alit! ullc:-li:.icf (1-i%') miles WeSL Of Opcq:wlls in Back Crock Mag.Ls- terial District, r rederick Guunty, Virginia, described as at an iroa pin coriier on the Northern side of ::aid highway, a corner to tine Dick, i and Goinsr land; thence Eastward with said iughway a distance of 690 feet, more or less, to an angle therein; thence Northwaru, still with said highway, a distance of 490 feet, more or less, to a post, corner to the remaining !and of Cather; thence Westward with the remaining land of Cather and following a fence line a distance of 830 feet, more or less, to a Post, corner to the line I li of Dick arc: Coiner; thence Southward with their line w distance of 640 feet, IImore or less, to the point of bebirui:.nb; and being t:.o same realty conveyed - a morn' iV.. - Lu anti Ch�a.rlette A. Loy, with cor li-non law ito John-W.- Loy, :C y Y right of survivorship, by i:;:.sd of Gariand R. Cather, et ux, dated October l(), .ri :JLLY H, SiMrsoN A Court of Frederick ATTGR4XV5-AT.LAW I{ 1968, ai;d of record in the Clark's Office of the Gircui �Y bvG11YATCR, VA. 6 c said John W. i�oy tj County, Virginia, in Deed Book 347, at Pai;c 431; tr II �I Y & SIMP •uNGYY•AT•LA • having since died. • 4 • This conveyance is :Wade subject to all duly recorded ea ernents, rights of way and restrictions, if, -ny, affecting same. WHEREAS, in the aforesaid deed from the parties of the third part to the Grantors heroin,_Lho.-re&1*y heron desciribed was erroneously stated to be lying end situate along the Northern and Western side of Virginia � i State Secondary :'ighway No. 680, wherein in fact, it is situate along; t i Northern and Western side of Virginia State Secondary Highway No. 619. NOW, THERE^ORE, the parties of the tliird part do hereby join in LAds deed for the purpose of correcting said description and do hereby quick claim any and all interest which they may have in the realty her(:!)y conveyed. Exccpt as noted above, the Grantors covenant that they have a right to convey to the Grantee, that the Grantee shall have quiet and peaceable I! possession of the said, 7,roperty, free from all liens and ercunilarances and Ithey will grant such further assurances of said title as may be re,!.�_'_site. WITNESS the following signatures and sear on the day and year Ifirst above written: I� .I (SEAL) RAY4�LJND M. LOY r j CHA.tLOTTE A. 1.OY � SEA is GARLAND R1�'CiiLR �'. LOU.LS-% S. CATI-u,:R ,STATE OF VLR G-7NIA :,OUNTY OF FREDERICK, d:o-wit: -2- �aR�E� • � 5a fl - • 1 -eI DI (3 q Lq1. 1H15 L)4;ED mada and dated this clay of _uly, 1975 uy o1.,d bctWL;L:Ii ArLcilo.ly J. C;zraULQ and Llaint: L. 'Taranto, partied of the first part, lie rr:1114A Le: r.:lerred to as t:ie GrdnLorel saki Monroe Taranto an.1 iie,.rrleLLu L. Taranto, parties of the accond parL, hereinafter r.:farred to ids the Grd[l;eCe. W I That for and ir, cons iucraLion of Lhe sum of Teri Dollars ($10. J0), ALW oLiwr valuaGlu consic;eracion, recelpL of which 16 Ll,•reby al. K11uw1eU6eA_'&, Lhe Grauwxr , do hereby dralit an.: co[Lvey u»to L11.: C'ranit:us, wiLh j,,uLlr:rul warranty of LILle, )oili.ly wish Lhe right, of survivorship ai ac culli11bull 1dK, all .11aL Cerciuln 10L or parCel Oi IdLld lyia6 on Lhl: Qi.,bL .al.le ut Viroinla JLuLe. ::;cco,idary highway No. U19, cor,cainind OLle L:c:rc, allUUL one illl,.l olle-dull W.:SL U1 L)1)[:U�L1L)[L, ill BcALk C V%;ek Ma-11ULV''ri-i 11LBLL'iCt, I. a'.:tlQJ:iLl( l,.vla.lLy, Virgilllu Arlel Ueilq., it-Urt. pi,micularly ill I :)CL iorLh Oil ii varla►u plet, ut..G1a.►r1aw.H.-hirkland,..G. L. S., dated Judy 14, 147S wiru.h plat. is h�r.:Lo aLL.,ChU,a and rr,radu a part, of this uee,.l. f he afurLl id is is ijorLiU[L of LhaL siacne realty collvcyo�j t,u i ii .huL;y J. ►'.[rantu fru;ll L<.,yr1lOC,L: M. Lvy, P.L al, Uy deCu ddl.ed MZLrCh J, 19o) UL i.i the Glerlklb Office of Lhu Circuit i,uurl of Frudvrick County iL1 i.lucd Look '1.51, giigQ ZZ4. 1Z.Qfe'rurice ib hereby rr,ade to Lhe aforesaid deal fur a more l:+iarticular descript,ioLa of the proUCCLy 1'iL-rciu iunCVVd and fur ILL1'Lher dl;l'1VALiull Of LiLic. 1'hc i_,r.,nLOr:, LUVel1v11L thilt they have it, ri;;ht cu convey aili.:1 runny; Lh,&L Lhe s aine lai fret: from liens and zind rh:3t th,:: f lurevcr warrant and defend Lhe title Laereto. w :.ness the; foi1uw::.6 bibnatures and seals: (Seal) Anchovy J. TitVanLO _ (Seal ij:aine i,. •1'uranto .r -1- State of Virginia Couaty of Frederick. To -wit. Ia hitary Public is aad for the County and Statu "I'vresaid do hereby certify that AaLhray J. ':araato and Llaine L. Taranto. whose names are rig"ed to t"a foratoini; wriWt ,6 dated Juiy 1975, have personally appeared before me in my County and State aforesaid and acknowledged the same. My commission expires. Given under my hand this day of July. 1975. - Notary Public 6 �_ t Leo. •I�!' r. R Je6 a �• 6 sue, o, s PLAT OF A SURVrY MADE FOR A. .l. TARANTO OF A LCT OR PARCEL OF AND LYING ABOUT I MILES WEST OF THE VILLAGE OF OPEQUON 1N THE OACK .REEK VAGISTERIAL 61STRICT OF FREGERICK COUNTY, VIRGINIA • TH IS 1 S A PORT I CN OF THE SAME L%.ND THAT WAS CONVEYED TO A. J. IARANTO BY RAYMOND N'. L.OY BY DEEQ DATED MARCH 8, 1969 RECOROED IN )EED BOOK 351, P. 224 IN THE RECOROS OF THE CLERK OF THE CIRCUIT ^OURT .F FREDERICK COUNTY, VIRG INIA• SUKVE YED BY er, .L'.K r / L:. L• �• . iUI%VEYED JULY 141* 1975 ;ARIANCE GRANtCD: nATEr- 0 975 A. J. TARANTO - LAST WILL & TES'I'(11iYEN} I, A. J. TARANTO, of the County of Frederick, Commonwealth of Virginia, do hereby make, publish and declare this to be my Last Will and Testament, hereby revokij�1ttlijwills CV heretofore made by me. ( F�ti=�tC00 Ti '� ARTICLE I Debts and Taxes ' �''RG��i.-ROt�M�- 1. I direct that all of my just debts and funeral expenses, including the cost of a suitable tombstone, be paid as soon as practicable; and further that my Execrator., hereinafter named, be and hereby is authorized to dispose of such of :my property, both real and personal, as in his discretion may be necessary to accomplish this purpose. 2. All of my estate and inheritance taxes shall be raid out of the residue of my estate without being anportior:ed against the share of any beneficiary. ARTICLE II Beauests and Devises 1. I do hereby give, devise and bequeath all of nv estate, both real and personal, to my nephews, DONla.D, N. T'h;.z.NTO and JOtit: TARANTO, in ec_ual shares, absolutely. r 2. In the event that either Donald or John predeceases me, the share to which he was entitled, shall pass to his issue and if there be none, to his wife. ARTICLE III Appointi,ent of Executor 1. i do hereby nominate, constitute and appoint DONALD N. TARANTO, to be Executor of this my Last Will and Testament and he shall not be required to give security or surety of any • • 0 500K 98 PACE 60 kind on his bond. If for any reason is unable or unwilling to serve, I do hereby nominate, constitute and appoint the Dominion Bank of Shenandoah Valley, and they shall not be required to give security or surety of any kind on its bond. 2. In administering my estate, my Executor shall have the powers and authority set forth in Section 64.1-57 of the Code I of Virginia, as amended, which section is hereby incorporated by reference and made a part of this will, and shall further have the powers and authority to sell any and all of my property, both real and personal. IN WITNESS WHEREOF, I have hereunto set my hand this .LY_day of 1),e ,•_��.. &.-- __ , 1987. a� � �.1,=,•- ( SEAL) A.-Z. TARANTO The foregoing instrument, subscribed at the end thereof by A. J. TARANTO, the above named Testator, and by him signed, published and declared to be her Last Will and Testament in the presence of us and each of us who in his presence and at his request and in the presence of each other subscribed our name$ as attesting witnesses upon the day of the date of said Will. Zq�2��� STATE OF • i� • Before me, the undersigned authority, on this day personally appeared A. J. TARANTO, s 13,L,►�'�3:Q�� and kna 1 - 2 - BOOK 99 FACE 61 4 !to me to be the Testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, and, all of these persons being by me first duly sworn, A. J. TARANTO, the Testator, declared to me and to the witnesses in my presence that said instrument is his Last Will and Testament and that he has willingly signed or directed another to sign the same 11for him, and executed it in the presence of said witnesses as his (lfree and voluntary act for the purposes therein expressed; that II(said witnesses stated before me that the foregoing will was 'lexecuted and acknowledged by the Testatrix as his Last Will and (;Testament in the presence of said witnesses, who, in his presence I and at his request, and in the presence of each other, did subscribe their names thereto as attesting witnesses on the day of the date of said will, and that the Testator at the time of the execution of said will, was over the age of eighteen (18) years and of sound mind and memory. Q d ' kPtSTATOR I If WITNESS ;I i ITNESS WITNESS Subscribed, sworn and acknowledged before me by A. J. TARANTO, the Testator, subscribed and sworn to before me by . 2/ , �.� �.►.. .�- --Q-.• and witnesses this 12 day of 1987. My commission expires Y�l (l<< i y, / 4 K ? Notary Public - 3 - t . n''�••/� irk, �• 1 . 0 Rev. at BOOK 98 PACE 62 CW COPV. WITH J000['• V[RI/ICATIOM— GACwtL co., oanve„ 94a44 STATE OF COLORADO, f County of......Larimer ...........................1ss. I, Marcie E. Rommel Clerk of the District ....................................................... _ Court of the.....................&..........................................Judicial District of the State of Colorado within and for,,,,,,.. Latimer Count do hereby c rt'fy t e f e gin to be a true, perfect ........................................ and complete copy of..Last Will and TeAament of �. a�ar to as probated in our case number 80...PIt..18G... ori Julii 1`';...1.98.0.•.=-- ----- yno. r ti In Testimony Whereof, I hav£here9&0t jt my haVand affiked the seal of said Court, at my office in.......tt (�O ins, C ............ `...th.............day of...... o ',�:.:, ? �ELtigirs�E �,� ...... ...8chis `/ ` .. ic STATE OF COLORADO, County of..... Larimer ................................................ass. I John -David Sullivan Judge of the District Court of ..................................................................................................... i hth�•��� �e •- K•..... ............................... Judicial District of the Sate f Cnol1ora�o within and for the County Of ........... Larimer Ltiarcie L•'. l:ommel do herchy certify that ..... ............................ ................................................ whose name is subscribed to the foregoing Certificate of Attestation, now is, and was, at the time of signing and sealing the same. Clerk of the District Court of ........... L rime.r...........................County aforesaid, and keeper of the Records and &cal thereof, duly appointed and qualified to office; that full faith and credit are and of right ought to he given to all his official acts as such in all Courts of Record and elsewhere; and that his said attestation is in due form of law, and by the proper officer. Given under my hand and seal this...�h.. .......day or....................August 89 k (SEAL) STATE OF COLORADO, La r i the r ss. County of...............................................1 I, ...... Uarcie...E....Rommel............................................. ...........Clerk of the District Court of the........ Ei•1;ht.h............................ . . .....Judicial Distrif t f tt� sta.t o C 1 rado within and for.........Larimer ,.,.County do hereby certify that...... John_David uiiIvan whose genuine signature is appended to the forgoing certificate, was. at tl.c'tinje o� •signing the same, Judge of the District Court of ......... ........LaFlmer Coun(y,b,f,tff,6 State of Colorado, duly commissioned and qualified; that full faith and credit are anct oi`,ibht ought.;o,be.given to all his official acts as such, in all Courts of Record, and elsewhere'•r In TesjImc::y Whereof, I hav er u In �ii rttvbhanu am flffi)�-,d the seal of said Court, at my office in.. or �;ritl Ins,.•. 29th this ....................................da f. . o l� • f� ......ARK....... 1. boug 98 PAcE 63 STATE OF VIRGINIA COUNTY OF FREDERICK,TO-WIT: A certified copy of the last will and testament Of A.J. Taranto was this 5th day of sPn E+mhPr' 19 89 , produced before the Clerk of this Court; and on the motion of F. L. Largent, Jr. Attorney it is admitted to record on this 5th day of September 19 84 EPUTY CLERK 1 i ........ ' r 1 �i Y • 190 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA Variance Application N.O. 09 q0 Application Date Fee Paid Submittal Deadline is 10/26/90 For the Meeting of i1/2n/gn 1. The applicant is the (owner) - X (other) (check one) e 2. NAME: Donald N. & John H. Taranto— OCCUPANT: (If other than applicant) ADDRESS: 1750 25th Avenue NAME: Greeley, col=do 80631 ADDRESS: TELEPHONE: (303) 356-3728 TELEPHONE: 3. The property is located at (please give exact directions) 4. The property has a frontage of 945' feet and a depth of 586' feet and consists of 9.4 acres. (Please be exact) 5. The property is owned by Donald N. & John H. Taranto as evidenced by deed from Anthony J. Taranto recorded in deed book no. 351 on page 224 , registry of the County of FYederick- 6. This property is designated as parcel no. 52 on tax map no.. 61 in the Back Creek Magisterial District. 7. Property Identification Number: 61000A000000000000520 8'. The existing zoning of the property is: RA 9. The existing use of the property is: Residential 10. The adjoining properties zoning is: RA 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.) 1 arra lot- A`2e 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 i ----See-attached letter fi MF :wo .ance 4: 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) NAMP. . Address: Taranto Route 4, Box 375-T, Winchester, VA Monroe & Henrietta Property ID#: 2. Address: Thompson, Route 4, Box 376-A,Winchester, VA Pro ppert ID#: 6100042000000000004A Charles J., • Renner, Ad ress: James R, Martha C. property At 610000020000000000070 • Bishop, Address: Jeffrey J., Kathy K. Route 4, Box 837-C, Winchester,VA Pro�ppertyy ID#: 610000D20000000000080 5, Presgraves, Address: Barbara A., Clyde W. P.O. Box 2472, Winchester, VA Pro��ppertyy ID#: 610000020000000000090 • Rust, Address: James S., Diana H. Route 4, box 376-S, Winchester, VA Property ID#: - 610000020000000000100 7• S, Address: 0.app, Arlton R, Route 4, Box 375-S, Winchester, VA property LD#r jrginia E. 610000020000000000110 Address: lan P., Louise S. Route 3,Box 174, Winchester, VA Property ID#: 6,1000A000000000000460 f ' Address: Route 4,Box 381-D,Winchester, VA k)dnald C, Rosalie D. Property ID# : 6100000400000000000FO x.,fr ".#Jqgan' Address: Route 4, Box 381-E Winchester VA --- 9larles H., Judith Property ID#: 6100000400000000000EO 15aiitianal comments; if any See Attached (we), the undersigned, do hereby respectfully agree to c8W,- with 4qy conditions required by the Board of Zoning Appeals of the Cougty:of Frederick, Virginia, and authorize the members of. the Board of Zonioj Appeals or a representative of the County to go upon the pro,eg.ty for the purpose of making site inspections. I/we hereby dep�E( ;gnd say that all of the above statements and the statements cont�,Jgpd in any exhibits transmitted are true. f; Signature of Applicant:Date l.o� y:��6 Signature of Owner � � �? � � 9 Doae1.�_,,} * �o� ii �%a1n Datt=JtW / c For Office Use Only BOARD OF ZONING APPEALS PUBLIC HEARING ACTION OF (date) Approval a Denial CHAIRMAN: