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HomeMy WebLinkAbout08-88 Robert & Kathryn v Claytor - Shawnee - BackfileCOUNTY of FREDERICK Departments of Planning and Building 703/665-5650 May 6, 1988 Robert and Kathryn Claytor P.O. Box 39 Middletown, Virginia 22645 Dear Mr. and Mrs. Claytor: This letter is to confirm the Frederick County Board of Zoning Appeals' action at their meeting of April 19, 1988: Approval of Variance Request #008-88 of Robert H. and Kathryn V. Claytor for a 10 foot rear yard variance for a convenience store. This property is located at 1490 Senseny Road in the Shawnee 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 r VARIANCE #008-88 Robert & Kathryn V. Claytor LOCATION - 1490 Senseny Road MAGISTERIAL DISTRICT - Shawnee TAX MAP & PARCEL NUMBER - Tax Map 54, Parcel 127A LAND USE AND ZONING - Vacant commercial land use and B-1 (Business Limited) zoning ADJACENT LAND USE AND ZONING - Residential and commercial land uses, and RP (Residential Performance) zoning PROPOSED USE AND IMPROVEMENTS - A 3,000 square foot convenience store and required parking VARIANCE - A 10 foot rear yard REASON FOR VARIANCE - To line up with existing building to the right BACKGROUND INFORMATION - The applicant is seeking a 10 foot reduction of the rear yard for the proposed convenience store which adjoins a residential area. A 30 foot distance is required for B-1 developments which adjoin residential areas. For the proposed structure to be located 20 feet from the rear yard, a 10 foot variance is required. STAFF COMMENT - A building permit must be applied for and approved prior to construction. 14 42 43 �y CJ„u : \..§ nit u.:J /r^ _ \ �� � .. •. ^ I ® c Flpa Rp A' �^ ' -- • , RAP �\ � ' a � NN Ce % UTY O: 1 WINCHESTER CITY 0 % WINCHEST,ER 20 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA Variance ApplicatiSubmittal Deadline is Application Date �%'%( For the Meeting of Fee Paid y5. 0_ .1. The applicant is the (owner) (other) (check one) 2. NAME:�206e��`� 2��/i2y✓ V OCCUPANT: (If other than applicant) ADDRESS: Pe,,g1x & NAME: // 3 ADDRESS: TELEPHONE: 7e ?_ c! TELEPHONE: 3. The p5operty is located at (pl ase give exact directions) /' 91 "' S'e ,ys�A-V Th-2o✓ 4. The property has a frontage of /OD feet and a depth of feet and consists of .3 llf-1 acres. (Please be exact) 5. The property is owned v, as evidenced by deed from recorded in deed book no. on page "?,�7 , regist y of the County of���i�/� 6. Th' roperty is designated as parcel no. on tax map no. in the �5 4gu.,ve- -z- Magisterial is rict. , 7. Property Identification Number: 8. The existing zoning of the property is: i 9. The existing use of the property is: 10. The adjoining properties zoning is: 11. The adjoining properties land use is: -Pc'a.v �i«�S,✓� �s�-�,a/� 12; Describe the variance sought in terms of distance and type. (For example - A 3' rear yard variance for an attached two car garage.) �'>.✓ve/y/," - A — .<'➢ /Le - /S ?-e Al 11,,,A ,oAr rel-%V L/:v1, b 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 - the use or development of property immediately adjacent thereto 7% UA;F- &/0 0 / 7;Y /�rI7NG /G1> _.Page Twn Variance 14. The following are all of owning property adjacent (across street from) the sought. (Use additional notified by mail of this NAME the individuals, firms, or corporations to both sides and rear and in front of property for which the variance is being pages if necessary). These people will be application: (Please list complete 21-digit number) 1. Address: T Property ID#: `fro 2 / S. 9v �' . ✓ (✓i /live 5tY1 Add % e %S S'C�NSC •v ���� i✓ !%�. 1? 2- z6la / Property ID#: S"y- OD-p4 7-04�G 3 /1'%45e5 mj/,��� $s/ Add`f67. ei✓6�.v /���✓ 141/� 16. Property ,rY ID# 7- Do0-4dD�-ODO.�-D 4 ••/, S. J NpnMa L, P Address: / e� Pam✓ Propert ID# : -boa 0o7-DQC/� DD�C�-��oo� -o 5 f�a,ea.✓o r ,0_W Address: Property ID# : - ADOS-- 6•/�d6�i�9`/fv 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: ��21j[ Date_3 Signature of Owner: O� ���� Date�j For Office Use Only /GG 7BOARD ZONING APPEALS PUBLIC HEARING ACTION OF (date) 34- Approval 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. —T - EXAMPLE - - Adjoining Property YOUR PROPERTY Adjoining Property o v T p r �Addi tion i4—* E l A Property Line I F Center of Road RoodSHOW THESE MEASUREMENTS y O a y 2 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 #008-88 of Robert H. & Kathryn V. Claytor FOR: A 10 foot rear yard variance for a convenience store, located at 1490 Senseny Road, in the Shawnee Magisterial 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 i 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: Robert H. & Kathryn V. Claytor P.O. Box 39 Middletown, VA 22645 Kimerly G. Henry Rt. 3, Box 5870 Berryville, VA 22611 H. S. & G. V. Williamson 1475 Senseny Rd. Winchester, VA 22601 Moses B. and Anna Belle Thompson 1467 Senseny Rd. Winchester, VA 22601 Philip S. & Norma L.. Hockman 1459 Senseny Rd. Winchester, VA 22601 Harand E. & Margaret Childs 1451 Senseny Rd. Winchester, VA 22601 Robert H. & Kathryn V.Claytor 1492 Senseny Rd. Winchester, VA 22601 Robert W. Watkins, Director Frederick County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDpERICK I, ii(1/YLQ�� �J. Odgk- county Department of Planning and Development, whose name is signed to the foregoing, dated ��J�,iy�a , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this "5-& day of 1988. My commission expires on �i� C c3�000J Al NOTARY PUBLIC 332 THARRIOON R JOHNSTON ATTCANCYI AT UM MINCHEST(N. VIRGINIA ROBE � ILL OBERT H. CLAYTOR, ET UX �� 1 `d TO: DEED ROBERT H. CLAYTOR, ET UX elf 593pG332 THIS DEED, made this �day-of `" , 1985, by and between Robert H. Claytor and Kathryn.V. ClaytJ his wife, of the one part, hereinafter called the Grantors, and Robert 11. Claytor and Kathryn V. Claytor,) his wife, of the,other 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 valuable consideration, receipt whereof is hereby acknowledged, the Grantors do grant and convey, with General Warranty and with English Covenants'of Title, unto the Grantees, as tenants by the entirety, in fee simple, with survivorship as at common law, together with all rights, rights of way, privileges and appurtenances thereto belonging, the following described real estate: A parcel of land more particularly described in a plat and survey thereof dated January 18, 1985 by Elliott Ritchie, Jr., Land Surveyor, license no. 1318, and lying on the north side of Senseny Road (Virginia Rt. 657) in Shawnee District, Frederick County, Virginia lying 100.00 feet northwest.of the intersection of Senseny Road and Williamson Road and being more particularly described as follows: PARCEL "A -III: Beginning at an iron pin in the north right of w#y line of said Senseny Road, said point being the south west corner of existing Parcel "B" of H.N. Funkhouser, Inc. and being N 64 degrees 34' 20" W-85.00 feet from the P.C. of a curve at the intersection of Senseny Road and Williamson Road; thence leaving said point and running with the said north right of way line of Senseny Road,N 64 degrees 34' 20" W-100.00 feet to an iron pin; thence leaving said Senseny Road and running with a new division line through the land of Kimerly G. Henry and Robert D. Aitcheson N 24 degrees 25' 40" E-150.00 feet to an iron pin; thence continuing with the said line of said Kimerly G. Henry and Robert D. Aitcheson S.64 degrees 34' 20" E-100.00 feet to an iron pin, said iron pin being the northwest corner of existing Parcel "B" of the land of H. N. Funkhouser., Inc.; thence running with the said line of existing Parcel "B" 24 degrees 25' 40" W-150.00 feet to the beginning and containing 0.3444 Acres of land. And being the same property which was conveyed to Robert H. Claytor, by deed from Kimerly G. Henry and Paula Henry, his wife and Robert D. Aitcheson and Wanda C. Aitcheson, his wife, dated February 8, 1985 and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 589, at Page 367. This conveyance is made subject to all legally enforceable restrictive 1. covenants and easements of record, if any, affecting the aforesaid realty. I 33 I 01c593PG333 WITNESS the following signatures and seals: (SEAL) Robert H. Claytor 1 ?c]Ili ' ff (/ (SEAL) Kathryn VV Claytor STATE OF VIRGINIA, AT LARGE, _A`of � i I�t'L tj� To -wit: VT � The foregoing instrument was acknowledged before me this day of ' .y 1985, by Robert H. Claytor and Kathryn V. Claytor, his wife. My commission expires CAj. 1 1 i Notary Public it>sirurn�ilt of wLii.ng was p1C"ucea to nie 1 i. 19 , atLFI )) d !y of thereto annexed was Id with c9rtiiicat�ajowh��d;��nent Sec. gi3 i4.1 of teed to record. Tax impusod by aid, if a3sess3blE and 5&54 have been p Clerti / HARRISON L JOHNSTON ' AIIONNITS At LACY t ■INCN18114. VINCINIA -2- } 1, I