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HomeMy WebLinkAbout10-88 Charles & Elizabeth O'Reilly - Gainesboro - BackfileCOUNTY of FREDERICK Departments of Planning and Building 703/665-5650 June 23, 1988 Charles W. and Elizabeth H. O'Reilly 427 North Park Dr. #1 Arlington, VA 22203 Dear Mr. and Mrs. O'Reilly: This letter is to confirm the Frederick County Board of Zoning Appeals' action at their meeting of June 21, 1988: Approval of Variance Request #010-88 of Charles W. and Elizabeth H. O'Reilly for a 20 foot rear yard variance for a dwelling. This property is located at Green Springs Acres in the Gainesboro Magisterial District. If you have any questions regarding your variance, please do not hesitate to call this office. Sincerely, t16(/VA i Gyurs' ector SMG/dkg 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 VARIANCE #010-88 Charles W. and Elizabeth H. O'Reilly LOCATION - Green Springs Acres, from Apple Pie Ridge, turn left at White Hall grocery onto Route 671, turn left on Route 676, turn right onto private road (Lot #9 on left) MAGISTERIAL DISTRICT - Gainesboro TAX MAP & PARCEL NUMBER - Tax Map 21, Parcel 9 LAND USE AND ZONING - Agricultural land use, and A-1 (Agricultural Limited) zoning ADJACENT LAND USE AND ZONING - Agricultural land uses and zoning PROPOSED USE AND IMPROVEMENTS - A five acre lot with residence VARIANCE - A 20 foot rear yard variance REASON FOR VARIANCE - Must build a maximum of 30 feet from rear property line in order to maintain required distance of distribution box from house. BACKGROUND INFORMATION - The applicant wishes to construct a new home 30 feet from the rear property line. A 50 foot rear property line is required in the A-1 (Agricultural Limited) District. A 20 foot variance is needed to construct the house. STAFF COMMENT - A building permit is required prior to construction. APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA Variance Application No. Application Date Fee Paid Submittal Deadli For the Meeting er9- - MNY 1g v�p mot, toutm PC i �m�n►s�� 1. The applicant is the (owner) X (other) (check one) Charles W. & Elizabeth H. 2. NAME: O'REILLY OCCUPANT: (If other than applicant) ADDRESS: 427 N. Park Dr.. #1 NAME: Arlington, VA 22203 ADDRESS: _ TELEPHONE: 703/525-3162 (h) TELEPHONE: 202/546-9100 (o) 3. The property is located at (please give exact directions) Green'Springs Acres -- From Apple Pie Ridge, turn left at Whitehall grocery _ onto Rt. 671_;_turn left on Rt. 676; turn right onto Rt. 5 tract 9 4. The property has a frontage of 320 feet and a depth of 700 feet and consists of 5.064 acres. (Please be exact) Charles W. & Elizabeth H. 5. The property is owned by O'REILLY as evidenced by deed from T. Earl Hninnps, Pt us recorded in deed book no. 516 on page 382-387 , registry of the County of Frederick 21000003000000000009-0 6. This property is designated as parcel no. A • • • on tax map no. v • • in the Gainesboro Magisterial District. 21000003000000000009-0 7. Property Identification Number: 21000003000000000009-0 8. The existing zoning of the property is: Agricultural 9. The existing use of the property is: Agricultural (pending home construction) 10. The adjoining properties zoning is: Agricultural 11. The adjoining properties land use is: Agricultural/home sites 12. Describe the variance sought in terms of distance and type. (For example - A 3' rear yard variance for an attached two car garage.) A 20' rear yard variance for home construction in accordance with sewage disposal system construction permit (LSD-86-512; map reference 22-48/9-49 (must build a a maximum of 30' from rear property line in order to maintainsrequired distance of dictrihiifiinn hnx from house) -- please see Attachment #1 (maD drawn on graph paper) 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 �^ Zituation or condition of such piece of property, or ttuse or development of property immediately adjacent thereto Z.')nl e see Item 12 above i °` Sewagedisposal system construction permit #SD-86_ 512 (copy) is m � attached as Attachment #2 Page Two e''Vai^j.ance 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, to both sides and rear property for which the pages if necessary). These people will be application: (Please list complete 21-digit number) or corporations and in front of variance is being 1. Edward R. Clark (owner of property adjacent to rear) Address: Rt 5 Box 429• Winchester Vir inia 22601 Property ID# : 21000A000000000000083`0 2 • D&S Enterprises (owners of property adja cent to right property line) RAddre$ x 48g Winchester ' , Vir ginia 22601 Property ID# : 210000030000000000010-0 3 • Troy Belford (owner of property left of property Address: Rt 5, Box 237, Winchester, Virginia 22601 Property ID# 21000003600000000008-0 4. Linda Lawry (owner of property across road from front of prop.) Address: Rt 5 Box 238 Winchester Virginia 22601 Property ID# : 210000030000000000017-0 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: 2t �` Date 5/1/88 Signature of Owner: (�` Date 5/1/88 T For Office Use Only / r� BOARD OF ZONING APPEALS PUBLIC HEARING ACTION OF (date) (� �`` �^�Ij d '� ZY Approval Denial CHAIRMAN: ATTACHMENT ill ATTACHMENT #2 Health Department Identification Number Schematic drawing of sewage disposal system and topographic features. PAGE OF s2- Show the lot lines of the building lot and building site, sketch of property showing any topographic features which may impact on the design of the system, all existing and/or proposed structures including sewage disposal systems and wells within 100 feet of sewage disposal system and reserve area. The schematic drawing of the sewage disposal system shall show sewer lines, pretreatment unit, pump station, conveyance sys- tem, and subsurface soil absorption system, reserve area, etc. When a nonpublic drinking water supply is to be located on the same lot show all sources of pollution within 100 feet. ❑ The information required above has been drawn on the attached copy of the sketch submitted with the application. Attach additional sheets as necessary to illustrate the design. to FU 7 %G �'� > > n es o h SUrfaC(� Co 0ov Y NSF XTR0 CfiUriOlt) ��- W i LT ) ,, a► q51 L Q 06T10N S , 'V Slf� �� L.el3►�FS - RY bmE Roo �1 re eRPC9. 1 hF T C 197- 10V fTT �kom 7%<F �c' Fr FfcoM 3F°Tic l&yK is ng n�c �'ti Nod r C'L►�s SS U)_EL✓. wll;� R .D` o �cf4nQNs VA IV OT -ro d C --- i The sewage disposal system is to be constructed as specified by the permit or attached plans and specifications ❑ . This sewage disposal system construction permit is null and void if (a) conditions are changed from those shown on the application (b) condi- tions are changed from those shown on the construction permit. No part of any installation shall be covered or used until inspected, corrections made if necessary, and approved, by the local health department or unless expressly authorized by the local health dept. Any part of any installation which has been covered prior to approval shall be uncov- ered, if necessary, upon the direction of the Department. �c dw��a�dc c.c Date: Issued by: This Construction r �7 Sanitarian Pejmit Vlid until Date: t o� �4 � Reviewed by: (b Supervisory Sanitarian If FHA or VA financing Reviewed by Date - _ _- -- -- -- - ---- Date sm),,vi�;nry S.init 1ri in Regional Sanitarian ATTACHMENT #3 RorA •54 i Yl ° c ro CV tt0/Sr °Ykf S �° ° z Ci 66 Q +¢ Q • 6? . ' Tract 13 6.595 Acres >4 J, 0 Tract 14 s s 6.481 Acres ° ° e06 04 �oJ 4�� ti �a NN lb a �� S�4�O�'�•. • og��rye 2 ' '`\ Cov 10 Tract 12 Sac �,• '°�,'• rs•,, 5.666 Acres �01; Rodin ° 60 (o I 4�6.04 W �O h I o ti 746.49 0 I 8 Tract I I 1 �I s 5.098 Acres I Tra t 15 ?4640 9 a o s9. IL 1 5.180 Acres �oF O N ISIIt10 ° 1 I IRoadNwO - o ''—_ — e z 719.16—58546 g Tract 10 I I OD N 5.061 Acres i N Tract 16 5 60 R1w� Ifn 5.12 4 Acres 21 J I, Y 700.21 --- "� �( _ - a . `'� col � --0 1 i ' ° I IflR1dLf�N It1 Io �— N +c Tract 9 5.064 Acres � dz N Ad -;Z—/ I �1 N 790 I 3` E -- LO TfaCt 17 2U 680.16 5.117 Acres I I _© I J -o Tract e g l o 5.143 Acres Cb LO I CQ M �c71P7 I" i �i -Selo 1' w ti 66° 658.59 I S3' 19 3t>eet 6 of 6 O COUNTY of FREDERICK Departments of Planning and Building V 703/665-5650 June 7, 1988 TO: THE APPLICANT(s) and/or ADJOINING PROPERTY.OWNER(s) RE: Application #018-88 of Charles W. & Elizabeth H. O'Reilly FOR: A 20 foot rear yard variance for a dwelling, to be located in Green Springs Acres, off Route 676, in the Gainesboro Magisterial District. This variance request will be considered by the Frederick County Board of Zoning Appeals at their meeting of June 21, 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, �v V Robert W. Watkins Director RWW/dkg 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 ser�j QCUress o" 0-pPlicaklon -rarrm not lake This is to certify that the attached correspondence was mailed to the following on June 7, 1988 from the Department of Planning and Development, Frederick County, Virginia: O•REILLY, CHARLES W. 6 ELIZABETH H. _+Y3Ii NORTH PARK DR. ARLINGTON, VA. 22203 CLARK, EDWARD R. E ELIZABETH I. RT. 5 BOX 429 WINCHESTER, VA. 22601 D E S ENTERPRISES RT. 4 BOX 489 WINCHESTER, VA. 22601 BELFORD, TROY L. E CHERYL D. RT. 5 BOX 237 WINCHESTER, VA. 22601 LOWRY, LINDA L. RT. 5 BOX 238 WINCHESTER, VA. 22601 A► r;h fan VA Z�zOJ� Robert W. Watkins, Director Frederick County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK I, l�iai'e_ k. Gat.,,'/i , 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 _j �,;t_ 7, / 291 , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this 7�j, day of -Take My commission expires on )3_ /9$y NOSY PUBLIC . 1988. 41 41 41 44 431 NORTH PARK DR __-APLINGTON, V4°22203 � 21000-8OO-0000-0000-0083-0 CLARK, EDWARD R. � FRANK B4�R[TT --------�----�---� --- 79oGD, Al -_AS____ - - ELIZA8[TH I. ------------------- -��-'--_-----'-__�-BT� 5 BOX �Z� ------����,`--���------' ' H[STERv VA.—- -----' -------'------ -- ---------'----- '_--_-____________ ���u� _211300-003-0000-0000-0010-0 g_�,S ENTERPRISES G�EEN SP�ING �C�[� L°lO ----------- � ------�- -___-_ ° � ��� 4��____�____________________ — ---~--A2 AG . WINCHE6TER, V�° _�____ - --�---��------^----- -----''-----� '__-�� 22608 � [LFORD» TROY GREEN SPRING AC ---- CH[AU�._l0° 237 WINCHESTE R, VA.22601 PLANNING & DEVELOPMENT LABEL LIST MAP NO, /ADDRESS DESCRI AG -VALUE 3 RT. 5 BOX 238 WINCHESTER, VA. 10 1 1 Tj •G- 1 UU 12 13 GT A-.LINONV A , 13 l4ie 14 15 =70 T 151 16 21DOG-AJO-011&�j- �J-U'j8.3-j -Z L A q K , t U W A,q TT-- 91 i 6 17 H 1740 wINCHESTE A. 19 2 2 5 u 1 20 0 - 0-=- 0 0 Fa ---a - - ----------- ---RT-*---4 3GX--4a9 t D• ---- I:z •-- '3-0-X- 2-3-727 41 MCTTE S TER VIV.--- LTNDA a-38 G RZ-LN­S� P R I N G A C,q L S L•1 U ---- ----- - ------ -S-P-RTN�o ACRES - ------------- A-Z- -XG - 5 1 z — -- ---- - ------- 1--Z-,-MU 1.5 4 U U 14,200 ------62,1400 21 222 23 24 25 26 28 29 30 31 22 23 7.4 25 26 10 3 1 G� 123 2 7 o 011 THIS DEED, made this % / day of 1986, between T. Earl Haines and Hazel T. Haines, his wife, of the one part, hereinafter called the Grantors; and Charles W. t_ O'Reilly and Elizabeth H. O'Reilly, 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 o ` consideration, receipt whereof is hereby acknowledged, the c� Z 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 property: All of that certain tract of land, containing 5.064 Acres, more or less, lying West of Route 676 in Gainesboro Magisterial District of Frederick County, Virginia, more particularly described as Tract 9 of Green Spring Acres on the plat pre- pared by Louis J. Matacia, C.L.S., surveyed October 24, 1979 and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 516, at Pages 382 - 387; together with a right of way sixty (60) feet wide leading Eastward from the property hereinabove described to Route 676, which right of way is more particularly described by the aforementioned plat, to be used for ingress and egress in common with the Grantors and their assigns; said lot and right of way being a portion of the property conveyed to the Grantors herein by Mae M. Brown, widow, by deed dated October 3, 1979 and recorded in the aforesaid Clerk's Office in Deed Book 514, at Page 643, and said right of way also being a portion of the property conveyed to the Grantors herein by Roy R. Messick, et ux, by deed dated October 31, 1979 RRISON d JOHNSTON ATTORNEYS AT LAW INCHESTER, VIRGINIA and recorded in the aforesaid Clerk's Office in Deed Book 516, DK'6 f 3PG279 at Page 130, the restrictive use of which having been amer(led by instrument recorded in the aforesaid Clerk's Office in Deed Book 520, at Page 480. The Grantors reserve those rights of way set forth on said plat for purposes of ingress and egress for themselves and their assigns, to be used in common with the Grantees herein. This conveyance is made subject to all.legally enforceable restrictive covenants and easements of record affecting the aforesaid realty and those certain easements, restrictive. covenants and maintenance lien set forth in -an instrument dedicating Green Spring Acres recorded in the aforesaid Clerk's Office in Deed Book 516, at Page 375 and by Corrected Covenants of Green Spring Acres recorded in the aforesaid Clerk's Office in Deed Book 564, at Page 842. The Grantees join in this deed and do hereby agree to pay the road maintenance fee set forth in Paragraph q on Page 5 of the aforementioned instrument recorded in the aforesaid Clerk's Office in Deed Book 516, at Page 375 and to be bound by the conditions of said Paragraph.q as well as the covenants and agreements contained in said corrected instrument recorded in the aforesaid Clerk's Office in Deed Book 564, at Page 842. The Grantors reserve unto themselves and their assigns, the right to erect, maintain, operate and replace telephone and electric light poles, conduits.and related equipment and sewer, gas and water lines and the right to grant easements or rights of way therefor, on, over and under a strip of land ten (10) feet wide at any point along the side, rear and front lines of each lot, except that said ten (10) foot wide strip shall be extended an additional forty (40) feet along.those boundary ARRISON &JOHNSTON lines of each lot which are subject to a thirty ,(30) foot wide ATTORNEYS AT LAW WINCHESTER. VIRGINIA roadway as shown on the above referenced plats. J [RISON d JOHNSTON ATTORNEYS AT LAW I NCH ESTER, VIRGINIA L 11 13 I 2 U WITNESS the following signatures and seals: (SEAL) T. Earl Haines /7`z_,?zl 7 (SEAL) HazeX T. Haines t C(SEAL) Charles W. O'Reilly (SEAL) Eliz6beth H. O'Reilly STATE OF VIRGINIA, OF To —wit: ;1 The foregoing instrument was acknowledged before me this day of Hazel T. Haines, his wife. , 1986, by T. Earl Haines and My commission expires Notary Public STATE OF VIRGINIA, OF—�jR.11n �,;i� TO -wit: The foregoing instrument was acknowledged before me this � `1 �' day of MAicA and Elizabeth H. O'Reilly, y `. My commission expires , 1986, by Charles W. O'Reilly his wife. p G � Notary; Public f.i1GII1IA F1LRICI� COUI'fY, SCT. This instrument of writing was produced to me on the E l s-1 day of � thereto 19_& at �.' u U r r I S`� JO . 4rLd with certificate of acknowledgment anna :a.1 :.r,s i.nitted to record. Tax imposed by Sac. 53-A.1 of 10 . : ` , and 53-54 have been paid, if a.se.s_btc Clprl 3 - COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 May 5, 1988 Charles W. & Elizabeth H. O'Reilly 427 North Park Drive Arlington, VA 22203 RE: Board of Zoning Appeals Variance'Application Dear Mr. & Mrs. O'Reilly: We are in receipt of your variance application. This will be heard by the Board of Zoning Appeals on June 21, 1988 at 3:30 p.m. in the Board of Supervisors meeting room. Please be advised that you must acquire a sign from this office and post your property prior to the meeting. If you have any questions, please call. Sincerely, Stephen M Gyurisin �. Planning Deputy Director SMG/sma 9 Court Square - P.O. Box 601 Winchester, Virginia . 22601