HomeMy WebLinkAbout07-88 John H Dunn Jr - Opequon - BackfileCOUNTY of FREDERICK
Departments of Planning and Building
703/665-5650
May 6, 1988
Mr. John H. Dunn, Jr.
1224 Watson Avenue
Winston-Salem, North Carolina
Dear Mr. Dunn:
This letter is to confirm the Frederick County Board of Zoning Appeals' action at
their meeting of April 19, 1988:
Approval of Variance Request #007-88 of John H. Dunn, Jr. for a .19 acre lot size
variance for a dwelling. This property is located 4.5 miles west of Middletown
on State Road 627, in the Opequon Magisterial District.
If you have any questions regarding your variance, please do not hesitate to call
this office.
Sincerely,
Robert W. Watkins
Planning Director
RWW/dkg
9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601
M
VARIANCE #007-88
John H. Dunn, Jr.
LOCATION - 4.5 miles west of Middletown on State Route 627
MAGISTERIAL DISTRICT - Opequon
TAX MAP & PARCEL NUMBER - Tax Map 83, Parcel 16
LAND USE AND ZONING - Agricultural land use and A-2 (Agricultural General)
zoning
ADJACENT LAND USE AND ZONING - Agricultural land uses, and A-2 (Agricultural
General) zoning
PROPOSED USE AND IMPROVEMENTS - A dwelling for a family member
VARIANCE - A .19 acre lot size
REASON FOR VARIANCE - Because of rocks, Mr. Dunn's house must be situated as to
avoid the septic system from coming in contact with the rocks.
BACKGROUND INFORMATION - The applicant is requesting a .19 acre lot variance for a
.810 family division lot. The minimum lot size for a family division in this
zoning district is one acre. Therefore, a .19 acre variance is needed. All
applicable health approvals have been met.
STAFF COMMENT - A subdivision plat and a building permit must be applied for and
approved prior to construction.
APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
��q-y3iD
Variance Application No. 0 -B8 Submittal Deadline is
Application Date 11-,9 6- For the Meeting of
Fee Paid Y500
1. The applicant is the (owner) (other) (check one)
2. NAME: TO/{/V OCCUPANT: (If other than applicant)
ADD
R,ESS:� /rPN NAME:
1.11/n/S o 2-7AQ7 ADDRESS:
ly TELEPHONE: /Y-72; d97,? TELEPHONE:
3. The property is located at (please give exact directions)
4. The property has
feet and consists
a frontage of '/5a feet and
of acres. (Please be
a depth of
exact)
Q-5,67)
u�r_�
�
5. The property is owned by Q�u�u� c�-� as�ce_d ¢Y
deed from " recorded n ed,,book,,,no. % U
on page -7 , registry of the County of
6. This property is designated as parcel no. / G on tax map no.
in the P P /• Magisterial District.
7. Property Identification Number:
8. The existing zoning of the property is: T '2 tt�1�'�r:�jT_�jr 6r,»?y�r
9. The existing use of the property is: VaiG!.yyJ la n�
10. The adjoining properties zoning is:
11. The adjoining properties land use is: Va (Ct��
12. Describe the variance sought in terms of distance and type. (For
example _ A 3' rea�ard variance for an attached two car garage.)
WN
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
ituation or condition of such piece of property, or
- he use or development of property immediately adjacent thereto
n 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 i.f necessary). These people will be
notified by mail of this application: (Please list complete 21-digit number)
NAME
—4
a
A, dsir e s s
d_ B� / d vzo .z L 4
Property ID#:
8,36o6v0_C3dOU-0000-QJ -O
Property I :
SS&OO-Zo-Qoao_ tTaca_ ool;Z-A
ddress:
Property ID#
k9oao-/400 _6-0-ao-ocoo _a-ais-o
r e s s :
1
P o erty ID#:
0'vo A06-0000-1dffo-aalG�4
s� 7/4. 2 Z I- L5
��G�/�Uy �6G -��-"o -0QO Q 0
�/6y-�13
S.
Add r'f-
Property ID#:
a--Q oo-6--U0 UC'- 00Y y--0
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: `�` Date,7 2X-S:�
v
Signature of Owner: Date
For Office Use Only
BOARD OF ZONING APPEALS PUBLIC HEARING ACTION OF (date)
F7 Approval 17 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 Propert
YOUR PROPERTY Adjoining Property
T
m
�Addi--�i4---*
ion
t
$
a
Property Line
i
-_—_----_ Center of Rood-------
Road
SHOW THESE MEASUREMENTS
.1O
N
RALPH S. d AMY S.
BASSET7
D.B. 396 - P.
460
O
OD
N 84' 10' 00" W
- 120.72'
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0.810 z
�,(
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A CRE
°100
�AeNSE) No.
1498
I
OuNN -- JWIAKCk- I>O T- 86
IN
24
II,N
Mr. and Mrs. Raymond West, Jr.
1436 Greystone Terrace
Winchester, Virginia 22601
April 7, 1988
Frederick County Planning and Development
9 Court Square
Winchester, Va. 22601
From: Mrs. Virginia Dunn West &
Mr. Raymond D. West Jr.
Subject: Request for Variance; Application No. 007-88.
We request the Board to consider and grant a Variance on the
attached Survey of 0.810,acre of land due to the following reasons.
1. Mr. John H. Dunn, Jr. intends to build on, --the property ajacent
to our property line marked "Other Land",.,9.456 acres, Mr,
Dunns Home site, although larger than ours, has only enough
room for his home which must be a certain distance from the
septic system of the next house as well as ours. Additionally,
because of a rock out cropping, Mr. Dunns home must be
situated so as to avoid the septic system from comming in
contact with the rock.
2. The additional acreage owned by Mr. Dunn does not connect with
our proposed platt, the adjoining land is owned by Ralph &
Amy Bassett.
In Summary, although Mr. Dunn has 9+ acres, only 0.810 of an acre
is available to my wife and I on which to build our home. As we
have been approved by the Health Department. (see attached letter)
We respectfully request the Board to approve our home site, at 0.810.
Also it will not necessitate Mr. Dunn in having to relocate his
planned drive way entrance and culvert already installed.
Respectfu y S�v tt ,
Mrs. Virtinia Dunn West &
Mr. Raymond D. West, Jr.
vc?a 04-A0 - l�/�'
APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
Variance Application NoSubmittal Deadline is
Application pate -0 6 For the Meeting of
Fee Paid 00
1. The applicant is the (owner) /— (other) (check one)
2. NAME: .To � A " y J4 OCCUPANT: (If other than applicant)
ADDRESS: s!a NAME:
--P-74Q ADDRESS:
TELEPHONE: - 2 -%�5TELEPHONE:
3. The property is located at (please give exact directions)
4. The property has a frontage of feet feet and a depth of 2-5T
feet and consists of " acres. (Please be exact)
10�22
5. The property is owned byZe- as evidenced by
deed from .� recorded in ed boo no. J % U
on page 13, registry of the County of
6. This property is designated as parcel no. � G on tax map no.
in the Magisterial District.
7. Property Identification Number: U- Od 6d - 060a AIL d
8. The existing zoning of the property is: A-2�j!IC��{��P�
9. The existing use of the property is: V ot G
10. The adjoining properties zoning is: 74' Z
1 1 . The adjoining properties land use is: Q 41
12. Describe the variance sought in terms of distance and type. (For
example - A 3' rear and variance for an attached two car garage.)
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
s uation or condition of such piece of property, or
he use 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 by mail of this application: (Please list complete 21-digit number)
NAME
Ad e s s :
. G� B0-4' / ,A- 6
Property ID#:
ff,3-OOJ- .v0-660v--000V-Qd -d
A
Property III# :
SS&O o_ OQ -Uouo- dQ-d-Q-
Ao" 064-z�
Address:
Pperty ID#
ijti00_/40v _U-tra-a--Cavo _oats O
P erty ID o
UdU-- OG�daav_Qa�v�vo��:�
5. ..,
�d i s
Property I #.
�6-l3
�-3o7yU--A da-DbS.
6. o(' a,• l
Add r4l 4,</vrtG �`[�n• -� ��c�-c� 2/Q..Z L a
Property ID#:
$-*30-O-a -'4 6 a-- d O-ate--O 0 U0-- O? q.- 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 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 Applica
Signature of Owner:
D ate 7 2X-95%-`
Date 3 23��
For Office Use Only
BOARD OF ZONING APPEALS PUBLIC HEARING ACTION OF (date)
DApproval a 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 Propert
YOUR PROPERTY
Adjoining Property
o
m
r
t
r"
Add
tior
i
a
o
,Property Line
____Center of
Rood
-------
Rood
SHOW
THESE MEASUREMENTS
l
4l
COUNTY of FREDERICK
Departments of Planning and Building
703/665-5650
April 5, 1988
TO: THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s)
RE: Application #007-88 of John H. Dunn, Jr.
FOR: A .19 acre lot size variance for a dwelling, located 4.5 miles west of
Middletown on State Road 627, in the Opequon liq-gisterial District.
This variance request will be considered by the Frederick County Board of
Zoning Appeals at their meeting of April 19, 1988, 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
This is to certify that the attached correspondence was mailed to the following on
April 5, 1988 from the Department of Planning and Development, Frederick County,
Virginia:
Bowena Fox Hamilton
P.O. Box 126
Middletown, VA '22645
Peggy 0. Hahn
Rt. 1, Box 1126
Middletown, VA 22645
Ralph S. & Mary S. Bassett
Rt. 1, Box 1164
Middletown, VA 22645
Michael Dunn
Rt. 1, Box 1316
Middletown, VA 22645
Jeffery L. & Linda E. Thomas
Rt. 1, Box 1310
Middletown, VA 22645
Stover L. & Pauline J. Haymaker
924 Orchard Avenue
Winchester, VA 22601
Robert W. Watkins, Director
Frederick County Dept. of Planning
STATE OF VIRGINIA
COUNTY OF FREDERICK
I,Qwa Qdw�, 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 a#,A& 6bb, )�y , has personally appeared before me and
acknowledged the same in my state and county foresaid.
Given under my hand this �J day of ,/04" , 1988.
My commission expires on WXA,�3?6'1j1d-,)
&A"' /
r
bt6L--
NOTARY PUBLIC
YJ
e,7
----------
I- Z,
FREDERICK—WINCH ESTER HEALTH DEPARTMENT
150 COMMERCIAL STREET
P. 0. BOX 2056
IN COOPERATION WITH THE WINCHESTER, VIRGINIA 22601 PHONE 662-0319
STATE DEPARTMENT OF HEALTH
April 6, 1988
Frederick County Planning and Development
9 Court Square
Winchester, Virginia 22601
I have evaluated the soil and found that a suitable site exists for a
3 bedroom sewage disposal system on the property of John H. Dunn, Jr.,
described as .810 acres, in a preliminary survey, across from Hites Chapel
Church on Rt. 627 West of Middletown, Virginia.
James Webb ��/�%�
li
Sanitarian
MASSIE AND SNARR
ATTORNEYS AT LAW
WINCHESTER. VIRGINIA
Bm 370 Fg� 346
THIS DEED, made and dated this -elday of November,
1970, by and between William H. McCoy III and Diane C. McCoy,
his wife, parties of the first part hereinafter called the
Grantors; and John H. Dunn, Jr. and Gwendolyne A. Dunn, his wife,
parties of the second part hereinafter called the Grantees.
WITNESSETH: That for and in consideration of the sum of
Ten Dollars ($10.00) cash in hand paid and other good and
valuable considerations, receipt of all of which is hereby
acknowledged, the Grantors do hereby grant, bargain, sell and
convey with general warranty of title, unto the Grantees jointly,
with remainder to the survivor in fee simple as at common law,
all of the following described realty, to -wit:
"All of that certain tract or parcel of
land containing 13.7 acres more or less,
located on the North side of Road #627 and
on the East side of Road #622 at Marlboro
about 5 miles West of Middletown in Opequon
Magisterial District, Frederick County,
Virginia, and more particularly described by
a plat and survey of Richard U. Goode,
Certified Land Surveyor, dated May 26, 1970,
which is attached hereto and made a part
hereof by reference. This is a portion of
the same realty conveyed to John H. Dunn, Jr.
by Ruth Long Link, et al, by deed dated
June 13, 1962, and of record in the Clerk's
Office of the Circuit Court of Frederick County,
Virginia, in Deed Book 279, Page 291." This
is the same tract or parcel of land designated
as Parcel Two in that certain deed from
John H. Dunn, Jr. and wife to the Grantors
herein dated June 1, 1970, and of record in
said clerk's office in Deed Rook 364, Page 308.
Reference is made to the aforesaid deeds and
plats, and the references therein contained
for a more particular description of the land
hereby conveyed.
The Grantors covenant that they have the right to convey
the within described property..; that the Grantees shall have s
r
MASSIE AND SNARR
ATTORNEYS AT LAM
WINCHESTER, VIRGINIA
quiet possession of said land,
FACE
free from all encumbrances except
as hereinabove set forth; that the Grantors, to their knowledge,
have done no act to encumber said land; and that they will
execute such further assurances of title as may be requisite.
WITNESS the following signatures and seals:
STATE OF VIRGINIA,
COUNTY OF F
I.
the State
( SEAL
William H. McCoy III
C �
_(SEAL
Diane C. McCoy
, a Notary Public in and for
ertify that William H.
McCoy III and Diane C. McCoy, whose names are signed to the
foregoing deed, bearing date the « /`/day of November, 1970,
have personally appeared before me in my State and County
aforesaid and acknowledged the same.
�
Given under my hand this k1hday of,1970.
My commission expires
P
ary Public
WGINiA FREDEIRICK COWTY, SCT.
produced to me on the
TAIS W in.ment�o writing was p
at
�►zad with certificate of acknowl�,dgrneat thereto anaa c31 'V3g
�d by 5?C. oci"J of
�
?4 m'tied to r.3cord. Tax unpOs• 1
y (7� and 53-54 have been paid, if a," -slbio.
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THE 1.404 ACRE TRACT IS TO BE
JOINED TO AND BECOME A PART OF
THE REMAINING PORTION OF THE
LAND CONVEYED TO JOHN H. DUNN, JR.
AND GWENDOLYNE A. DUNN IN DEED BOOK
370, PAGE 346.
nPPRnvFn
FREDERICK COUNTY
(PLANNING DEPARTMENT
7-z-Pk
667-- 32 33
CHAPTER 18, ARTICLE 1, SECTION 1-4
The Accompanying Plat represents a Boundary Survey of
I
the Southeastern Portion of the Land conveyed to Ralph S. Bassett
and Amy S. Bassett by Deed dated 20 September 1972 in Deed Book
396, Page 460. The said Land lies in Opequon District, Frederick
County, Virginia:
Beginning at. an iron pin in the Northern Line of the
Dunn Land, a corner to the Retained Portion; thence with the
Two Following Lines of the said Land, S 84' 10' 00" E -
62.09 ft. to an iron pin (found); thence N 33' 440' 58" E -
661.62 ft. to an iron pin, a corner to the said Retained Portion;
thence with the Two Following Lines of the said Other Land,
N 560 19' 02" W - 124.48 ft. to an iron pin; thence S 27' 55' 47" W
- 694.12 ft. to the beginning.
Containing: 1.404 Acres
Surveyed: 29 February 1988
L ALLEN EBER
( ICENSE) No.
1498
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