HomeMy WebLinkAbout10-87 Roy A Cather Jr - Shawnee - Backfile (2)Ci C)
COUNTY of FREDERICK
Departments of Planning and Building
703/665-5650
July 23, 1987
Mr. Roy A. Cather, Jr.
830 Oakridge Road
Winchester, Virginia 22601
RE: Approval of Variance Application #010-87 of Roy A. Cather, Jr.
Dear Mr--.��Cather:
This letter is to confirm the Frederick County Board of Zoning Appeals' action
at their meeting of July 21, 1987:
Approval of Variance Application #010-87 of Roy A. Cather, Jr. for a 10' rear
yard variance for a pool cover attached to the existing dwelling. This property
is located at 830 Oakridge Road in Fairway Estates in the Shawnee Magisterial
District.
If you have any questions regarding your variance, please do not hesitate to call
this office.
Sincerely,
Stephen Gyurisin
Deput Director
SMG/dkg
0 ,,,: r Cr„ara _ P ri Rr%y F(lt - Winchester. Virginia - 22601
VARIANCE #010-87
Roy A. Cather, Jr.
LOCATION - 830 Oakridge Road in Fairway Estates
MAGISTERIAL DISTRICT - Shawnee
TAX MAP & PARCEL NUMBER - Tax Map 54, Parcel 52
LAND USE & ZONING - Residential and vacant land use and RP (Residential
Performance) zoning
ADJOINING LAND USE AND ZONING - Residential and vacant land use and RP
(Residential Performance) zoning
PROPOSED USE AND IMPROVEMENTS - A pool cover attached to the existing dwelling.
Pool cover and enclosure are approximately 34' X 36'.
VARIANCE - 10' rear yard variance
REASON FOR VARIANCE - Because of the use of the adjoining property to be developed
and because of the existing larger than required front setback of the dwelling.
BACKGROUND INFORMATION - A 25' rear yard setback is required for any structure
attached to the main dwelling in the RP (Residential Performance) zoning district.
The applicant wishes to construct an attached pool cover 15' from the rear
property, therefore, a 10' variance is required. It should be noted that
accessory, unattached structures may be located 5' from the property line in the
RP zone.
STAFF COMMENT - Prior to construction, a building permit must be acquired.
0 I ®- 0 - 3
APPLICATION FOR VARIANCE
t IN THE
COUNTY OF FREDERICK, VIRGINIA
Variance Application No. ® -11 Submittal Deadline is �R 7
Application Date "` For the Meeting of
Fee Paid
1. The applicant is the (owner)
2. NAME: Wt F\
ADDRESS:
TELEPHONE: —
3. The property is located at
4- (other) (check one)
OCCUPANT: (If other than applicant)
NAME:
ADDRESS:_
TELEPHONE:
ase give exact directions)
4. The property has a frontage of .o<�feet and a depth of
feet and consists of Lpl- acres. (Please be exact) t
5. The property is owned by ��C� as evidenced by
deed from recorded n eed book no.
on page , registry. o.f the County of�
6. This property is designated as parcel no.� on tax map no.
in the N� Magisterial District.
7. Property Identification Number: r
8. The existing zoning of the property is:
9. The existing use of the property is:
10. The adjoining properties zoning is:
11. The adjoining properties land use is: [DgN M
12. Describe the variance sought in terms of distance and type. (For
example A 3' rear -yard ariance for an attached two car garage.)
A in( P _ �� ,�� env .�P ps— �
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
t� --us.e or development of property immediately adjacent thereto
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 b mail of this application: ^-
y pp (Please ist complete 21-digit number);
NAME
1. !
63
Address:
Property ID# :
94OD 0 C70
2
2.�
b
Address:
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Property ID#:
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Address:
Property ID#
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4.
Address:
Property ID#:
5.
Address:
Property ID#:
6.
Address:
Property I.D#:
7.
Address:
Property ID#:
8.
Address:
Property ID#:
9.
Address:
Property ID#:
10.
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
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: Date
Signature of Owner: 47 Date
For Office Use Only g
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BOARD OF ZONING APPEALS PUBLIC HEARING ACTION OF (date)E��T
Approval Denial CHAIRMAN: g�l' � �,.--�
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CORNMATI MO. IERNER lAW ROOK CO., INC. RANK NO. 6400•A
BOOK 548 PAGE 26 W9 E Ssu..t. NorlhwNr• Washington 1, D. C.
)lade this 28th day of May
EMPLOYEE TRANSFER CORPORATION, an Illinois Corporation
ROY A. CATHER, JR., unmarried k
1982 , by and between
party of the first part, and
part y of the second part,
Witne011Pt1j, that for and in consideration of the sum of TEN DOLLARS ($10.00),
receipt of which Is hereby acknowledged, the said party of the first part does grant and convey
unto the part Y of the second part, in fee simple, as
the following described land and premises, situate in the County
of Frederick ;
i
and known and distinguished as follows:
Lot No. 52, on a plat of Fairway Estates'.- Section 3 of the Winchester Development
Corporation as prepared in January, 1970, by Lee A. Ebert, Certified Land Surveyor
and recorded in the Frederick County circuit Clerk's Office in Deed Book 364, Page
653.
See Exhibit "A" for;.mortgage information
and additional legal description information
together with all and singular the ways,•easements, right, privileges and appurtenances to the
same belonging or in anywise appertaining.F and all the estate, right, title, Interest and claim,
either at law or in equity, or otherwise, of the said party of the first part, of, in, to or out of said
land and premises,
N lib the said party of the first part covenants that it will warrant specially the property
hereby conveyed and that it will execute such further assurances of said land as may be re-
quisite or necessary.
Jit 0Potill ang EljerrAf, the said EMPLOYEE TRANSFER CORPORATION, an
Illinois Corporation
hath on the 28th day of May 43ce
Assistant 2 caused these presents to be signed
by Madeline H. Muser its President and attested by
Heidi Butler its Secretary, and its corporate seal to be hereunta•trf fixed; an&deth-
tetra •orld-la•w•f ark-aidervee,Y,in•-/aei-ter-aelenowkcfge'flrrd-cfeftre►•-,roese��►•��rtr{}cjt;�md'-detci:
Attes EMPLOYEE TgAkER-CO&_ ATidN
x! �...... by. . ......
Hei3i utter Assistant Ma �ellne H. r}u� r ., ...
Secretary i , • .� � Pres - nt
STATE OF OHIO
to wit: K
COUNTY OF CUYAHOGA Rpy , CATIiER,
I; a notary public in and for the State of.Ohio, County of Cuyahoga
do hereby certify that Madeline H. Muser, Vice President and Heidi Butler,
Assistant Secretary whos names are signed to the foregoing Deed, bearing
date of May 28, 1982 as Vice President and Assistant Secretary, respectively
of Employee Transfer Corporation, have personally appeard before me and
acknowledged the same in my State and County of foresaid.
Given under my hand and seal..this 28th day of ray ,1982.
•'�rO =
NOTARY PUBLIC
KATHIECN M. MASON, Notary Pub%
For the Stale of Uhio
Mycommission expires Feb. 8,19t37
VOK 518 F+LE 27
EXHIBIT "A"
This conveyance is made and accepted subject to an
indebtedness secured by a Dc,.A of Trust on said property dated
September 18, 1980, recorded in the aforesaid Clerk's Office
on September 18, 1980, in Deed Book 526 at Page 785, from
Dhansukh N. Parekh, et ux, to Michael L. Bryan and James If.
Johnscn, Jr., Trustees, given to secure Piedmont Trust Bank
the original sum of $84,800.00, having a final payment date of
September 1, 2010, and on which there is an unpaid principal
balance of $_ 84,3119.E8 &�Z, V , which said Deed of Trust the
Grantee hereby assumes and agrees to pay as part of the purchase
price of the above described property, and the Grantee hereby
executes and acknowledges this instrument for the purpose of
complying with the provisions of the said deed of trust.
This conveyance is also made subject to all easements,
rights of way and restrictions of record affecting the subject
property.
AR(!'nF.1 TVT nisi ()AL- RiAno Rnarl_ Winnhna:.ar tli,--i— . 226A1
i
-
1
BOOK J 8 P4L; 28
STATE OF VIRGINIA, at -large,
<� OF/�1-� TO -WIT:
a Notary Public in and for
the State and Jurisdiction aforesaid, do hereby certify that
I
ROY A. CATHER, JR., whose name is signed to the foregoing Deed,
dated May 28, 1982, has personally appeared before me and acknow-
ledged the same in my State and Jurisdiction aforesaid.
Given under my hand this day of e- 19�011
My Commission expires
NOTARY PUBLIC
S
,ry 2
CJto—(7-10
• i
BOOK 548 29
STATE OF ILLINOIS 9
3
i COUNTY OF COOK
WHEREAS, the Certificate of Incorporation of Employee Transfer Corporation
recorded in Cook County as Document No. 20-733-233, states the purposes for
which the corporation is organized to bet
Purchasing and otherwise acquiring, holding, owning, mortgaging,
led in
pledging. g. selling, transferring, and in any other manner disposing
of, and dealing in and with real property and interests therein, and
goods, wares, merchandise, and other personal property, of any and
every class and description and wherever situated, and doing any and
all things incident thereto; and
To carry on any other lawful business whatsoever in connection with the
foregoing or which is calculated, directly or indirectly, to promote'
the interest of the corporation, provided the same shall not be
Inconsistent with the laws under which this corporation is organized.
AND WHEREAS, paragraph 7 of the Illinois Business Corporation Act as
amended provides as follows:
A corporation havin-1 among its purposes, as set forth in its articles
of incorporation, that of acquiring, owning, using, conveying, and
otherwise disposing of and dealing in real property or any interest
therein, shall have power and authority to do so without limitation.
AND WHEREAS, Article V, Section I of the By Laws provides that:
The board of directors may authorize any officer or officers, agent
or agents, to enter into any contract or execute and deliver any
instrument in the name of and on behalf of the corporation; and such
authority may be general or confined to specific instances.
NOW THEREFORE, it is:
i
RESOLVED, that the President, Executive Vice President and any Vice
President of the corporation be and they each are hereby authorized
to enter into any contract and execute.and deliver any deed or other
instrument incidental to the corporate powers above described and
further that such other officers as may be given the authority in
writing by the President from time to time are similarly authorized.
I, _ Robert A. Sweipert being the Assintant Secretary of Employee Transfer
Corporation, an Illinois Corporation, do hereby certify that the above is a
full complete copy of a resolution properly adopted by the Board of Directors
of the Company at a special director's meeting dated the 13th day of April,
1978, and that as provided under the terms of that resolution on this date
cf following persons are empowered thereunder to execute instruments on behalf
of the Corporation:. Amelia A. Bower, Heidi Butler, John M. Clarke, Robert L.
Colvin, Sherilyn K. Conley, Andrea C. kaiser Ellis, James D. Fetke, Margie A.
Halach, Janet B. Hutchinson, Rosanne Kacen,jar, Linda J. Kane, Phillip Kosanovich,
Marilyn S. Kuzmins, Mary Lou Lec, John R. Lohr, Lawrence J. Lowest Barbara R.
Machor, Kathleen M.f Mason, Madeline it. Muser, Frank J. Ruck, Jr., Curtla Smith,
Robert A. Sweigert, Sue L. Thomas, Ray W. Vonderau, Richard R. Wasem, Kenneth A.
Williams, and said resolution remains in full force and effect and said persons
are so authorized•on the date hereof.
..•..%
1-0Yt�`t,
A'ot Dat d this _�� day of Q.
-17
RBRT�I,S T
.�,. Asais Q t Secretary
r� s','•;(;p,D1 T,.is insirunion f wtiiing was produced to me on the
_day Of _, 19_, a rih .
ind with car'ificat of acknowlodgmoat thereto annexed was
idruit�to record. Tax unposod oy Sac. 58•d4.1 of
and $3-54 have been paid, if a,,- xsable.
J,jt�'� �_.,, Chit
W2,
t
COUNTY of FREDERICK
Departments of Planning and Building
703/665-5650
July 7, 1987
TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s)
The Application Of: Roy A. Cather, Jr.
Variance For: A 10 Foot Rear Yard Variance for a Pool Cover.
This property is located at 830 Oakridge Road in Fairway Estates.
This variance request will be considered by the Frederick County Board of Zoning
Appeals at their meeting of July 21, at 3:30 p.m., in the Board of Supervisors'
Meeting Room, the Old Frederick County Court House, 9 Court Square, Winchester,
Virginia.
Any interested parties, having questions or wishing to speak, may attend this
meeting.
Sincerely,
Robert W. Watkins
Director
RWW/dkg
9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601
C,dl
This is to certify that the attached correspondence was mailed to the following on
A July 7, 1987 from the Department of Planning and Development, Frederick County,
Virginia:
Roy A. Cather, Jr.
830 Oakridge Road
Winchester, Virginia 22601
FAHNESTOCK, KENNETH B.
& NARY K.
836 OAK RIDGE ROAD
WINCHESTE R, VA.
22601
NICHOLSON, GEOFFREY F DOREEN �
822 OAK. RIDGE ROAD
WINCHESTER, VAa
22601'
(MILLER, EDWARD K. ET ALS 1
3792 MELODY LANE
HAGERSTOWN, MD.
21740
Ro ert W. Watkins, Director
Frederick County Dept. of Planning
STATE OF VIRGINIA
COUNTY OF FREDE RICK
a Notary Public in and for the state and
county aforesaid, do hereby certify that Robert W. Watkins, Director for the
Department of Planning and Development, whose name is signed to the foregoing,
dated �G , has personally appeared before me and
acknow edge the same in my state and county foresaid.
Given under my hand this day of 1987.
My commission expires on G�ii �i7 �C,�
NOTARY PUBLIC