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Home My WebLink About01-88 Larry J. Hottle - Back Creek - Backfile.-, � ow , -Aoo '�J�JI o , ,-- (um - ogr i COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 February 18, 1988 Larry J. Hottle Route 2, Box 234-C Stephens City, Virginia 22655 Dear Mr. Hottle: This letter is to confirm the Frederick County Board of Zoning Appeals' action at their meeting of February 16, 1988: Approval of Variance Request #001-88 of Larry J. Hottle for a 38 foot rear yard variance for a residential addition at the intersection of Routes 631 and 629 in the Back Creek Magisterial District. If you have any questions regarding your variance, please do not hesitate to call this office. Sincerely, NMOEZ -��EEMU Robert W. Watkins Planning Director RWW/dkg 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 S VARIANCE # 001-88 Larry J. Hottle LOCATION - The intersection of Routes 631 and 629. MAGISTERIAL DISTRICT - Back Creek TAX MAP & PARCEL NUMBER - Tax Map 74, Parcel 10-C LAND USE & ZONING - Agricultural and residential land use and A-2 (Agricultural General) Zoning. ADJOINING LAND USE AND ZONING - Agricultural and residential land use and A-2 (Agricultural General) Zoning. PROPOSED USE AND IMPROVEMENTS - A residential addition VARIANCE - A 38 foot rear yard variance APPLICANT'S REASONS FOR VARIANCE - 1) Size and shape of the parcel; 2) The Kerns' sold the rear of the land before applicant could purchase it; 3) Odd shaped lot. BACKGROUND INFORMATION - The applicant wishes to construct an addition on the rear of the existing house. This addition will be located 12 feet from the rear property line. A 50 foot rear yard is required in the A-2 (Agricultural General) District. Therefore, a 38 foot rear yard variance is required. STAFF COMMENT - A building permit is required prior to construction. APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA Variance Applicatio No. MI - Application pate -ZZ-65 Paid I-Z - Submittal Deadline For the Meeting of 1. The applicant is the (owner) V (other) (check one) 2. NAME: OCCUPANT: (If other than applicant) ADDRESS- d - NAME: ADDRESS: TELEP ONE : , Q( q -5-�y- TELEPHONE 3. The property is located at (please give exact directions) 'Tnh2rsee�, ah (631-4- (n Lq 4. The property has a frontage of !. 4jr�z7 feet and a depth of $ feet and and consists of /.011 acres. (Please be exact) 5. The property is owned by _ deed from on page 173 0 �r registry o y �q.,•Pr Alv le as evidenced by rT�e,,�torded in deed book no. 12,22 e County of 6. This property is designated as parcel no. on tax map no. in the 8ackereek.. Magisterial District. , 7. Property Identification Number:Acro -k J - -C �0`c' 8. The existing zoning of the property is: 9. The existing use of the property is: i_,-e "/yg/ 10. The adjoining properties zoning i : J 9 P P g s 11. The adjoining properties land use is: 12. Describe the variance sought in terms of distance and type. (For example - A 3' rear yard variance for an attached two car garage.) 73. List specific readWn(s) why the variance is being sought in terms of: - exceptional narrowness, shallowness, size, or shape of a specific niece of property, or - exceptional topographic conditions or other extraordinary situation or condition of such piece of property, or - the use or evelopment of`pr� perty immediately adjacent hereto kprh's Sn �� rear a Lund All7e)rP �Nc/7�,'7L 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 y Address: kf � f ax a3 �, s C, t [/A zzy Property ID#: 7�l CC CA 00 - 0 000 - 0000 - 2• �T%c�IS Bald to. �� kE 'Ekea Address: VA Z2- _ Property ID# : 7yoao-, ev—ooeb -Coo (0 --oo /lA 3. rd S��el Address: \Q � T4. Q P�r'x �•3(v �te leeks Crf' V 0 Property ID# -i000 -AOL 0000- 200--00 /0 4. Address: Property ID# : 7 y 000 - A00 -- 0000— 0000 — 00 5. Address: Property ID#: 6. Address: Property ID#: 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 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: Signature of Owner: t. Date / -/-off Datel / -s� For Office Use Only % G BOARD OF ZONING APPEALS PUBLIC HEARING ACTION OF (date) Approval I 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 Adjoining Property YOUR PROPERTY Adjoining Property T L o a J t r (D �—Ad—di Tion � a o o Property Line ----------------------=Center of Road ------- Road SHOW THESE MEASUREMENTS Ab r� Q 0 n W soc� 521 FAQ 738 CARL 8 MARY L. NICHOLS D.B. 518 — P. 814 IRON PIN S85 21 21 W - 176.69 ,,wEtt 21.30' fRaewt—a ' .� SHED Jr : o 1 S TO 8 ' Q 38.6 RICK � � � ' V irk (V o (y) rU C) `v LOT 2 L.D. RITTER LOTS 3 ROUTES 631 & 629 =' BACK CREEK DIST. FREDER ICK CO., VA. W ry 0 Q 1,002 ACRES U 41 4 4 O � Q� 2 ARC 168.27' C► O. S89'46'03"E-167.61' VA. ROUTE 631 --40' R/W LOCATION: N n ti Q7. 611 VA- q This is to certify that on ttay 14, 1980, I made an accurate survey of the premises shown hereon `'` •, and that there are no easerients ? ' ti or encroachments vi::ible on the ground bther than those shown hereon.' e 739 Boca 521 FACE 739 The Accompanying Ilat is a Survey of Lot 2 - L. D. Ritter Lots - r - routes 631 and 629 - conveyed to Granville 1'. Kerns and Diane L. 1,erns by Deed dated 19 September 19i9 in Deed Book 514 rage 59. The said Improved Land lies at the intersection of Route 631 and Route 67.9, about two miles 1-.est of Stephens City, in Back Creels (formerly Opequon) District, Frederick County, Virginias Beginning at an iron pin (found) at the intersection of the Northern Boundary Line (Arc Line) of ibute 6311 with the western Boundary Line of Route 6291 running with the two following �;estern' Boundary Lines of Route 629 - 1: 100 14, r - 196.23 ft.1 thence with the Arc Line 66.05 ft. (Chord 1: 120 53' 21" F. - 66.03 ft. - R. 712.52 ft.) to an iron pin corner to the Nichols Land1 thence with the southern Line of the said Land 5 050 21' 216' 11 - 176.69 ft. to an iron pin (found) corner to Lot 1t thence vith the Eastern Line of the said Land S 120 56' 15" W - 250.25 ft. to an iron pin (found) in the 1.orthern 1ound6ry Line of Route 6311 thence with the two following.l:orthern Poundary Lines N V4o 35' 1; 15.00 ft.1 thence with the Arc Line 16P.17 ft•.. (Chord S 090 46' 03" E - 167.61 ft. .w• s R. P53.33 ft.) to the beginning. j r A. E: i' h T t Containing - - 1.002 Acres uni'►�••r� n�. Surveyed - - - Fay 14, 1980 `�►��. /� `�{.4'� ,mac T,.is inument of wi.liug was pioduced to me on the _. day of� , 19.-� ., at '35�1 and with certificate of a aowladgment thereto anne cal was ! admitted to record. Tax imposed oy Sic. id•u4.1 of $J �� , and 53-54 have been paid, if a .se -sub. ' I Cleft % 3b 5-23-80 WIB : dlic 4405 MCK" AND summs W... /. "urn W.[�w tT.ifT #1222 GRANVILLE M. KERNS, ET UX TO: DEED LARRY J. HOTTLE, ET UX r r' ?A : 736 THIS DEED made and dated this 23rd day of May, 1980, by and between GRANVILLE M. KERNS and DIANE L. KERNS, his wife, by her Attorney -in -Fact, Granville M. Kerns, parties of the first part, hereinafter called the Grantors, and LARRY J. HOTTLE and JANICE M. BOTTLE, his wife, parties of the second part, herein- after called the Grantees. WITNF.SSETH: That for and in consideration of the sum of Ten ($10.00) Dollars, cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowl- edged, the Grantors do hereby grant and convey with general warranty of title unto the Grantees, in fee simple, as tenants by tkie entirety with common law right of survivorship, all of that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, lying and being situate in Back Creek Magisterial District, Frederick County, Virginia, containing 1.002 Acres, lying and being situate on the Northwest corner of the intersection of Route 531 and Route 629 and more particularly described as Lot No. 2, of the L. D. Ritter Lots on plat and survey drawn by Lee A. Ebert, C. L. S., of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 404 at Pages 499-500, and more particularly described by plat and survey of Lee A. Ebert, C.L.S., dated May 14, 1980, attached hereto, as follows: Beginning at an iron pin (found) at the intersection of the Northern Boundary Line (Arc Line) of Route 631, with the Western Boundary Line of Route 629, running with the two following Western Boundary Lines cf Route 629 - N 10* 14' w - 196.23 ft.j. thence with the Arc Line 66.05 ft. (Chord N 1211 53' 21" E - 66.03 ft. - R. 712.52 ft.) to an iron pin corner to the Nichols Landl thence with the Southern Line of the said Land S 850 21' 21" W - 176.69 ft. to an iron nin (found) corner to Lot 11 thence with the Eastern Line of the said Land S 12° 56' 15" W - 250.25 ft. to an iron pin (found) in the -1- _. I I S7 UCKax AND 11ML" A*"*Mti• At LAM wewe2tltt2. VA. 82"1 11 wutw ewralew Mit" rc- 32 t FACE 7337' Northern Boundary Line of Route 631; thence with the two following Northern Boundary Lines N 840 35' E - 15.00 ft.; thence with the Arc Line 168.27 ft. (Chord S 89° 46' 03" E - 167.61 ft. - R. 853.33 ft.) to the beginning; said lot being the same land descriW as TRACT TWO in the Deed of Assumption conveying the subject property to the Grantors herein, dated September 19, 1979, from Robert E. Dyer, et al, of record in the aforesaid Clerk's Office in Deed Book 514 at Page 59• Reference is made to the aforesaid plats and deed of assumption for a more particular description of the property herein conveyed. This conveyance is made subject to all easements, rights lof way and restrictions of record affecting the subject property. The Grantors do hereby covenant that they have the right to convey to the.Grantees; that the Grantees shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and they will grant such further assurances of title as may be requisite. WHEREAS, by Power of Attorney, dated April 13, 1977, of (record in the aforesaid Clerk's Office in Deed Book 472 at Page 208, Diane L. Kerns appointed Granville M. Kerns her Attorney - in -Fact. WITNESS the following signa r al (SEAL) NVILLE M. RWS _ (SEAL) DI NE L. KE S by her Attorney -in - Fact,, Granville M. Kerns STA E�OF ,yIRGINIA, an QO R TO-WITt a Notary Public in and for the State o"d-e�aforesaid, do hereby certify that GRANVILLE M KERNS, Individually, and as Attorney -in -Fact for DIANE L. KERNS, his wife, whose names are signed to the foregoing Deed, dated May 23, 1980, has personally appeared before me and acknowledged the sAme in my State tend-eotnitr aforesaid. Given under my hand this 3rd day f May, 1980. • My Commission expires �.__ . 4 J qr -2- NOT PUBLIC COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 February 2, 1988 TO: THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) RE: Application of Larry J. Hottle FOR,: A 38 foot rear yard variance for a residential addition located at the intersection of Routes 631 and 629 in the Back Creek Magisterial District. This variance request will be considered by the Frederick County Board of Zoning Appeals at their meeting of February 16, 1988, at 3:25 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 t This is to certify that the attached correspondence was mailed to the following on February 2, 1988 from the Department of Planning and Development, Frederick County, Virginia: Lai Hone. ,� z, biv- z 5dc ceru� VA ZZf S5 CLtu, V zzc s3 -R oL _t_, Z , 130y- Z-34 - 3 Sff-'Pl'lut-5 Caj-s , of ZZC�55` STATE OF VIRGINIA COUNTY OF FREDE RICK Robert W. Watkins, Director Frederick County Dept. of Planning I, --pliale. K. (la_" U.11 , a Notary Public in and for the state and county aforesaid, do hereby certify that Robert W. 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