HomeMy WebLinkAbout27-90 Donald & John Taranto Lot 2 - Back Creek District - BackfileRECEIPT
023060
AMOUNT DUE
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AMOUNT PAID _
$
BALANCE DUE
PAID BY
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CASH
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OTHER
FRLiEZ(C. COUPi7Y DEPT. OF PLAWN AND DE'lELOPMENT
P. 0. BOX 601 • 9 COURT SQUARE
W11,CHE3T2R, VIRCINIA 22601 • (703) 665-5651
RECEIVED FROM
ADDRESS
THE SUM� OFF %
FOR JLL= fde=or,
DATE .�
DOLLARS $ V 4/
BY
DAY -TIMERS RE -ORDER No. 3221 — Printed in USA
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 acrelot 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,
r
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 #027-90
DONALD N. & JOHN H. TARANTO
LOT 2
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: 1 acre lot size variance
REASON FOR VARIANCE: The same reason as stated in the application
#026-90 apply to, this one. The proposed lot 2 meets the width
requirement but a variance from the 5 acre lot requirement is
desired.
STAFF COMMENTS: Same staff comments as those listed for
application #026-90 apply to this application.
APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
Variance Application No.Submittal Deadline is 10/26/90
Application Date For the Meeting of 11/20/9n
Fee Paid
1. The applicant is the (owner) X (other) (check one)
M
2. NAME: Donald N. & John H. Taranto OCCUPANT: ( If other than applicant)
ADDRESS: 1750 25th Avenue NAME:
Greedy, Colorado 80631 ADDRESS:
TELEPHONE: ( 3031 356-3728 TELEPHONE:
3. The property is located at (please give exact directions)
Route 622, West from Winchester to Right on Route 619 (Ceflar Creek Grade)
property is on right side of road approximately 3, mile from intersection
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. __5.2_— on tax map no.
6-1 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: Resi-dential
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 ac-re- jot yarianc-e- nn
13. List specific re'ason(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
FK
IN
Page Two • •
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.
Address:
Taranto,
Route 4, Box 375-T, Winchester, VA
P rop e r t y. I D :
Monroe & Henrietta
2.
Address:
Thompson,
Route 4, Box 376-A,Winchester, VA
Proppertyy ID#:
610000�02.000000000004A
Charles J.,
3.
Address:
Renner,
_
James R, Martha C.
property ID#
610000020000000000070
4 •
Bishop,
Address:
4-ffrey J., Kathy K.
Route 4, Box 837-C, Winchester,VA
proppert ID#:
6-1000420000000000080
5•
Yesgraves,
Address:
Lrbara A., Clvde W.
P.O. Box 2472, Winchester, VA
Property ID#:
610000020000000000090
tLst,
Address:
1�mes S., Diana H.
Route 4, box 376-S, Winchester, VA
property ID#:
610000020000000G00100
7.
5i:►app,
Address:
Q rlton R,
Route 4, Box 375-S, Winchester, VA
property ID# :
Virginia E.
610000020000000000110
80
Address:
Nlun'
-plan P. , Louise S.
Route 3,Box 174, Winchester, VA
property ID#
61000A000000000000460
_
9:
Address:
v"`hn'
Route 4,Box 381-D,Winchester, VA
knald C, Rosalie D.
Property ID#:
6100000400000000000F0
�.
Address:
!l4gan'
Route 4, Bux 381-E Winchester VA
c:larles H., Judith T.
Property ID#:6100000400000000000E0
15. Additional comments, if any
See Attached
I (we), the undersigned, do hereby respectfully agree to comply
with aoy 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:
��
��, DatF_/a1�.Sbl�
Signature
g
of Owner �n_�
3D �
�,o.ra I Date Ja
For Office Use Only
BOARD OF ZONING APPEALS PUBLIC HEARING :ACTION OF (date)
Approval Denial CHAIRMAN:
•
& 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.
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
v
If , I
p:; fir of �',�f � �,�• I
i n I
0806
L ZED, raacie and crated this 4Si n%%day of March, 1969, by
,/6/6')
and between RAYMOND N1. ...OY and GriAALOTT . A. i.OY, r:s wife, parties
II i. st part hereinafter reicrred to as ,rrartors;,ANTHONY J.
I, of the i 1 ,
TARANTO, A,'voltGED, party of the second part, hereinafter referred to 1
II as Grantee; and G. q;j-jLR 'en(A 1.04l`'L S. GATI-it;A, nis wife,
�I
parties .o L11c third part. I
1
I� W I'1'NLSSETH: That for and in consideration of the Sum of Ten
i
Dollars (:)10.00), cash in hand paid, and other good a,:d valuable consideraliorl1
the receipt of which is hereby ucknowlc.ib.;d, the Grantors do hereby grant
I'
and convey, w general general warranty of title, unto the Grantee, all that lot or
I
parcel of l:iila c, ui:,,:lining nine acres, more or less, together with all rights,
j p� iviiebes and appurterLacices tncreto belonging, lying and being situate along;
I
tier i�orLliern and Western �;ic:e of Virginia State Secondary I:ighway No. 619,
11 abUut one aiid uile-11axt (I -i miles Wes L of Opeciaun, in Back Creek Mil-g1s -
IIterial District, Zrcderick County, Virginia, described as :iebinninb at an
�I iroa pin corner on the Northern side of said highway, a corl.er to the I)iuk
and Cou1 r land; thence I;astwara with said highway a uistance of 690 feet,
(I
t
I' `�llerein; thence Northward;
more or less, to an angle still wit!-, said bib way,
Imore or less to a post, currier to the remaining land . a distance of 4 )0 feet, �
of Gather; thence Westward with the remaining lane. of Gather and following
a fence line a distance of 830 feet, more or less, to a post, corner to the line
of Dick ara Coiner; thence Southward with their line w distance of 640 feet,
IIiII more or less, to the point of beginn:.nb; and being t:.o same realty conveyed
li 11-Ra m0ru' N.. - Lu and Cl-,&rlQtte A. Loy, with corclmun law to John-W.' Loy, y Y
I survivorship, by c;::, d of Garland R. Gather, et ux, dated October 1O,
I, ribh,, of P
li
acJLLr a sIMrson �t Co -art of 1 r.:clerick
Al TGIV4XV5.A/'.LAW II 1968, ai:d of rccurd in the Clork6S Office Of the Circuit
%VINCIIF5TCA, VA. to
County, Virbini;., in Deed Book 347, at Tabu 431; the said J011,: . LoY
I
I•
Ij
�I
Y & SIMP
M N I. YS-Al'-LA
�c HE%rE9• V/
K
"' ' 25
9 J.. K ., i �1( c
having since died.
(i
�j This cor_veyanc(-! is made s.i':)ject to all duly recorded ea einents,
I
rights of way and .restrictions, if any, affecting, same.
I, WI'_EREAS, in the aforesaid deed from the parties of the third
I
Part to the Grantors herein, hors'n doseribed was erroneously
stated to be lying <_-,nd situate along the 'Northern and Western side of Virginia.
State Seconc',.,.ry ,'ig;hway No. (80, where:.n in fact, it is situate along tile.
Northern and Western side of Virginia State Secondary Highway No. 619.
NOW, THERE^ORE, the parties of the third part do hereby join it t1lis
deed for the purpose of correcting; said descri,.)tion and do herelay quick
claim any and all interest which they may have in th^ realty hereby conveyed.
E'xcC ;TA as note(? above, the Grantors covenant that they have a
right to convey to the Grantee, that tide Grantee shall have quiet and peaceable
possession of the sal.-' : .)roperty, free froin all liens and enc_u-i.brancus and
they will grant sucH furtHer assurances of said title as may be re—-isite.
WI'_.NESS t'ie following signatures and seals on the day and year
first above written:
SEAL)
LOY
i
e z�' s z'A
CHARLOTTE A. LOY
c' r
GAR LAND R HER I
c J
r I
A�OU1bL S. cjv, 1::�1�
STATE OF V —TR G-'N A
OUNTY 0.'7 FREDERICK, To -wit-
III
it
11
—2—
fARCE� 5a
.D/6 y y S •Pf.
g,a
1'FiiS U.:l::il nlacia and dated this clay of .;uly, 1975 by tiid betwve'l
F.cLLtlot►y J. i �,rauLo and Olait►tt L. 'T•arallLo. parties of the first part,
iicreinafter rcierred Lo as :le Gra►nLorr.; at.d Mgnrua 'Taranto and
HeullL:Lc►; L. •lard►►Lo, parties of the. second part, hereinafter r.:[\:rred to as
the GranLecd.
V.Iiri: 'T'liaL for and il: consWoration of Lhe titlm of Teri Dollars
($13. JO), "LA,! oi.44r valua6lo consi6t ration, receipt of which la ►lt:reby
:.i:KnuwleuLau. l,LL: Gr,"IWa•s do hereby 6ratti. arl.; convey (l1itO L11.; 617arl:t::4;5,
with tit:ut:rul warraiiLy of LLLle, joitlLly wi.h Lhe: ribhL Uf bur�ivor.11il� as aL
cullsilboil luM, .tL! Ll►aL CerLa1Ll LOL or parcCl o► lat:d lyiah on Lhu, u
Viroi►lia JL.4W :iccondary lliehway Nu. 611), cJQwinillt; oue 4;CI'e, alJOU► one
,1L►'l Ulle-Lltill 1►',llt:9 %4VUSL Ui Upt9gLIUL1, ill 13aLk C,1'aek llViuLjlLilcTlul I�►alrlCl.
I. l't tlL:l'It_/( \.:u�.J�y, Vll'bllllu ""C1 Ue"'L, u'Urt: lx4rticularly Ali I :at:L
iorLh on a LasrLsau yleL wI-C4AVLe'& ;.. S. dated Jnly 14, IY7.5
witiL.li p1aL i:. JLL.Achc,J .&Lid rr,aou of p:,rL of Lhi4
i:hu ckiurt:.i id is a jjorliuLl of LlluL s4 ne rcalq couvvyCu tv ! ►1611v,,y J.
f.ltanui lrUal LwyL't'IOCw M. Lvy► eL al. Uy dceti ddLCd March J. l'fki% vL
l,► Lll4 C.l-_-rh's liffiCe Of Llle Circuit (.ouz-4 Of Frud%;rick County Lit iJVL:d Lft)Uit.'
551. 244. iiufwro.;nce is hereby Lrta.ie to Lhe aforesoitl de,:.; fur d Lnore
l+urctt ular tlescripLio►t of the pruperLy luo.ruitt cunvL:/t:d alict ft.r ltll'Lh L'
Jorivat,ioti of L1Llt:.
hhe Lr.ari ot-b l.ove►1aaL that thuj have it ri6ht i;c) Lur►vcy L+ul.i V#,:aUyj
LhaL Lhe same is free from liens and eneltmbrrnres; .:n,l that ' ill
forever warrant and defend Lhe Litlo. Laereto.
Y
Witness the followin; signatures and seals:
(Jedlj
AnLhouy J. TAr A ILO
Li.ainC L. '1',. r.. n Lu
State of Virbiaia
County of Frederick, To -wit.:
Ia l\Mary Public in and for the
County and State do hereby certify that Antriray J. ':araato and
Llaine L. Taranto, whose names dre sig"ed to "ad ioro&oit1L writl.ib dutad
Juiy , 1975, have personally appeared before rae :n my County and State
aforesaid and acknowledged the dame.
My commission expires:
Given under my hand this day of July, 1975.
w
-2-
Notary Public
t
A..7. Ta,-o.? to
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W.
o.
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573
P
A N 1) g�'aly
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4
w ! � c`
Q as to
5
3
0
PLAT OF A SURVEY MADE FOR A. '. TARANTO OF A LLT OR PARCEL OF
,AND LYING ABOUT 1 MILES REST OF THE VILLAGE OF OPF.QUON IN THE LACK
RFE.K MAGISTERIAL DISTRICY OF FREGERICK UU 'Y� VIRGIh1A.
THIS 15 A PURT I CN OF THE SA,AE L%.ND THAT WAS CONVEYED TO A. J.
IARANTO BY RAYMOND N'. Loy BY DEER DATED MARCH 8, 1969 RF.COR0EO IN
)EEO BOOK 351, P. 224 IN THE RECGROS OF THE CLERK OF THE CIRCUIT ^OURT
,F f REDERICK COUNTY. VIP..G INIA.
SUKVEYE0 BY �•f.u� ' fir`~,Y. � L. .
,URVEYED JULY 14, 1975
nAT�. , '975
AR I ANCE GRANtCD : ,�„__
BB� lr.. 59
A. J. TARANTO - LAST WILL & TESTAI�'ENO`'
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 revok ���pWjwills
heretofore made by me. VaI� 0 D�pDN�'
�,
ARTICLE I
Debts and Taxes 1'C� C�OtAM' I
i
1. I direct that all of my just debts and funeral
expenses, including the cost of a suitable tombstone, be paid as I
soon as practicable; and further that my Executor, 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 apportioned against
the share of any beneficiary.
ARTICLE II
Beauests and Devises
1. I do hereby give, devise and bequeath all of my
estate, both real and personal,to my nephews, DONALD N. TARANTO
and JOHN TARANTO, in equal shares, absolutely.
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
Appointment 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
1 �
•
500K
•
Og 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
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
1_5�_day of Le J�,_ , 1987.
(SEAL)
A.-'J. 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 named as
attesting witnesses upon the day of the date of said Will.
FA M
MA =111001
STATE OF VIRGINIA,
OF,� to -wit:
Before me, the undersigned authority, on this day
personally appeared A. J. TARANTO,
and C. kno
b
2 -
' • r r...Ir 1
BOOK Jg FACE fib
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. TAR.ANTO,
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
lifree and voluntary act for the purposes therein expressed; that
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.
d
qtSTATOR
Il WITNESS `
i WITNESS
i,
'I
WITNESS
Subscribed, sworn and acknowledged before me by A. J.
TARANTO, the Testator, subscribed and sworn to before me by
and
witnesses this /_-)VJ2 day of
1987.
My commission expires
Notary Public
3 -
' BOUK S8 PALE 62
225 R[V. •1 CLIRt" Ca"ITTAIN Of COIV. WITH JUDGUS V(RIIICATION— OXCKCL CO., oiMv[ri g4jeg
STATE OF COLORADO,
ss'
County of.......L.....at.....imer....................................
1
I Marcie E. Pommel
................................................................................... .....Clerk of the District
E i h t h ............... .
Court of the..................0..........................................Judicial District of the State of Colorado within and
for........ Larimer County do hereby cgrt"fy thhe f e oin to be a true, perfect
and complete copy of,.Las,t Will and Testament of X. J. ofa�•ar�to as
probated in our case number 80-P3... 186...on...du1.y...
In Testimony Whereof, I havgheregrlto sft myJ= and affiked the seal
of said Court, at my office in.......or.... ( l , �O ,
`'9th y �. a l
da of. Augt:rs`t� i` -..gis
... ':w.•.
. *,•,••
�..
STATE OF COLORADO,
County of......... Larimer
..............I ....................... ss.
I John -David Sullivan Judge of the District Court of
`Eighth ........
the ............. ...•. .......Judicial District of the Sgtate of C ora�i o withhi,n and for the County
of Larimer do hereby certify that...--I.lareie �. t:onuilel
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 urimC.r......................
aforesaid, and keeper of the Records and seal thereof, dutya � •-_County
full faith and credit are and of right ought to he appointed and qualified to office; that
l Courts of
Record and elsewhere; and that his said attesiation es inodue ll lform is official
and sby the prsuch in oper officer.
Given under my hand and seal this.... .........day of ........... .......August 89
............
......k...(sEAL)
STATE OF COLORADO,
LariS8'
County of...................m.er ................. 1
I, ......Marcie E. Rommel
.................................................................... I ..... ................. Clerk of the District
Court of the... ... ..... „-„Judicial Distri t of Stat o C I rado within and
... .............. [E
for......... La.r.. . . . County, do hereby certify that........ohn- avid 5u�i Ivan
whose genuine signature is appended to the foregoing certificate, was, at thc'.t. L, of•'signing the
same, Judge of the District Court of ......... ........LaFimer
•-CounLy,`if,'J,�h S;atc of Colorado,
duly commissioned and qualified; that full faith and credit are anctoi%-ght ougFit.;o be.glven to all
his official acts as such, in all Courts of Record, and elsewhere t' to
In i csjIm .:y Whereof, 1 have her u r�tv�t'anu aM'nffi�; d the seal
of said Court, at my office in.. or } Ins,,, ,
2 9 t h ................. t
"' 1� /' 1
this....................................da ,
f............... . _
G:. Q
j- ,CLERK.
aoUg 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
sPotemher , 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
i
5th _
day of September
19 84
i
EPUTY CLERK
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