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HomeMy WebLinkAbout23-88 Morris B Wheeler (Lot 10 - Greenwood Hghts) - Shawnee - BackfileCOUNTY of FREDERICK Departments of Planning and Building 703/665-5650 October 19, 1988 Morris B. Wheeler Route 6, Box 96 Winchester, Virginia 22601 Dear Mr. Wheeler: This letter is to confirm the Frederick County Board of Zoning Appeals' action at their meeting of October 18, 1988: Approval of Variance #023-88 of Morris B. Wheeler for a 3.7 foot front setback variance and a .3 foot side yard variance for a dwelling. This property is located on Lot 10, Meadow Lark Court, in Section 5 of Greenwood Heights in the Shawnee Magisterial District. If you have any questions regarding your variance, please do not hesitate to call this office. Sincerely, *Pu s SMG/dkg 9 Court Square - P.O. Box 601 Winchester, Virginia - 22601 VARIANCE #023-88 Morris B. Wheeler LOCATION - Lot 10 on Meadowlark Court in Greenwood Heights, Section 5 MAGISTERIAL DISTRICT - Shawnee TAX MAP & PARCEL NUMBER - Tax Map 65E, Parcel 10 LAND USE AND ZONING - Residential land use, and RP (Residential Performance) zoning district ADJACENT LAND USE AND ZONING - Residential land uses, and RP (Residential Performance) zoning district PROPOSED USE AND IMPROVEMENTS - Single-family residence VARIANCE - A 3.7' front setback variance and .3' side yard setback REASON FOR VARIANCE = Building error. Left front pin was set in error in subdivision. BACKGROUND INFORMATION - This'property is zoned RP (Residential Performance). A 35' front setback and a 10' side yard setback are required. The house was built 31.3' from the Meadowlark Court right-of-way and 9.7' from the left side yard property line. A 3.7' front setback variance and a .3' side yard variance are required. STAFF COMMENT - A building permit has been issued and the home constructed. A location survey picked up the errors. FREDERICK COUNTY INSPECTIONS DEPARTMENT APPLICATION for BUILDING PERMIT DATE October 28, 1987 Owner or Lessee Morris Wheeler Address P.O. Box 2725 City &State Winchester, Virginia Zip 22601 Telephone 667-2700 Contractor Same Address City & State Zip Telephone Registration No. A. ZONING & LOCATION: St. Address & No. Hackberry Drive 1. Subdivision Lakemont Village 2. Lot. No. 10.Section I 3. Magisterial District Shawnee 4. Zoning of Property 5. Site Plan No. 6. Conditional Use Permit No. 7. Property Width at Set Back 8. Property Size: W. L. H. 9. Building Lines: as per site plandk a. Front b. Rear O� NH-6 c. L. Side d. R. Side 10. Complies with Subdivision Code: Yes No 11. Review Action: Approved - Yes No DATE 7il i/IT'uxiNh t 5f 42-1, Zoning Signature Permit B 16170__ OFFICE USE ONLY j Building Permit No. Electrical Permit No. Plumbing Permit No. Mechanical Permit No. Property I.D. No. BOARD OF SUPERVISORS APPROVAL REQUIRED: Yes No F. WATER & SEWER: 1. Yes No 2. Sewer App. Rej. 3. Water App. Reg. G. LAND DISTURBING PERMIT REVIEW REQUIRED: 1. Yes Multi -Family 2. Yes Commercial 3. No Single Fam. Dwelling 4. Located in known 100 Yr. 5. Flood Plain - Yes No 6. Date Public Works Director PROPOSED USE: B. BUILDING INFORMATION: (Residential) 1. Building Size 20' X 28' 1. Single Family 2. Basement - Yes No 2. Two Family 3. Crawl Space - Yes X No 3. X Townhouse 4. Construction 'frame 4. Apartments 5. Roof Construction: 5. Garage/Carport a. Truss X 6. Mobile Home 6. 2 x 10entional car et Floor Construction 14. Cov, � _ 7. X Other 8'x6'Stor.blg 7. Exterior Walls 2 X 4 15 Cov. siding 8. Interior Walls 2 X 4 16 Coy.drywall I. PROPOSED USE: 9. No. Stories 2 No. Rooms 3 (Non- Residential) 10. No. Dwelling Units 1 1. Amusement 11. Toilets/Baths 1 , 1/2 2. Church 12. Class. of Construction 2 bdrm 3. Service Station 13. Misc. 4. 5. 6. Office Private Swimming Pool f Commercial Swimming Pool C. INDUSTRIALIZED BUILDING UNITS: 1. Make: 2. Model: 7. Tanks 3. Year: 4. Ser. No.: 8. Towers 5. Length: 6. Width: 9. Hospital 7. HUD No.: 10. Industrial Buildings 8. UL No.: 11. Private School 9. VA. REG.: 12. Public School 10. Anchoring Info. Yes No 13. Other 11. Number of Bedrooms 12. Baths/Toilets J. TYPE O CTION: 13. Type of Heat 1. Construction 2. 3. Extend/Addition Alter D. ESTIMATED TOTAL VALUE OF CONSTRUCTION INCLUDING VALUE OF MATERIALS AND LABOR: 4. Repair 1 $ 30,000 2 Sq. Ft 1 080 5. 6. w. �l. Move Foundation Other 3. Fee $ 64.80 + 15.00 =79.86 - 0.00 �59_.8f1_ de d. / hereby agree to comply with all provisions of the Virginia Uniform Statewide Building Code and the Zoning Ordinance as adopted by the County of Frederick �7�7',A //)f�//J� Signature of Applicant' LL�1LL=t/ / b� ezA,_ Address Inspections Director at, ) 1 -1 (7 "ll Form 1 B•t _ ,_ APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA Variance Application No. QQ3-8 8 Submittal Deadline Application Date h:�� ,Oy � �� j9d'�Sr For the Meeting of Fee Paid $ S oc /G 1. The applicant is the (owner) (other) (check one) 2. NAME:, 6 OCCUPANT: (If other than applicant) ADDRESS: l' NAME: a ADDRESS: TELEPHONE: TELEPHONE: 3. The property is located at (please give exact directions) 4. The property has a frontage of S feet and a depth ofl feet and consists of acres. (Please be exact) 5. The properA is owned, by ZIIIZ /?, � _ �/jPcv4 � as evidenced by deed from ew _L • JQ� ze e a45 recorded in deed book no. (oi_ on page 373 -, registry of the County of 6. This yroperty is Oesignated as parcel no. on tax map no. �oS /::- in the 5 iA'6?d, Magisterial District. 7. Property Identification Number: ke;'E'rr -e7T. -Crir7 T 8. The existing zoning of the property is: le 0 9. The existing use of the property is: ��� ��o��%`; Z 10. The adjoining properties zoning is: Z LP 1 1 . 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.) 13. List specific reason(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 situation or condition of such piece of property, or - the use or development of property immediately adjacent thereto �. i��ONFARVM i . Page Two ViPciance 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. LP ,Q Kou , s Address: cSTevP,v Property ID#: (5 / o o - --0000 - oos -00 is - 0 2 V6 A xwel �j. (���CG ee Add ess: 41zil y cTe �/' 0/ Property ID# : '7 -'!!9000 - OO S -00 - /0 _'0 3. Gi ��'Q Z� 2lCc E dress: Property ID# G 5 vo -0 0 7-v o 00 - 0o5 o 4. ANC©v Address: Property ID# : S 00 5. Address: Property ID# --dD 'OZ) D 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 Applica Signature of Owner: Date D a t e For Office Use Only //11 r BOARD OF ZONING APPEALS PUBLIC HEARING ACTION OF (date) My -[�Er Approval Denial CHAIRMAN: Z'-' r Lot 9 00% ti IPS l 0 �i u"� o 00 M M N C0 II 11 oo� 009 w� M II x MEADOWBROOKE 50' R/W e IPF IPF DRIVE CarAer N 70 o .2 00 rr W 113.38r Telephone Box TVC Box J LOT 10 11,676 Sq. Ft. Stoop /E Lot 11 IPF x 0 w F Lot 22 h IPF 1 ' Lot 21 NOTES 1. No Title Report Furnished. 2. All Lots are subject to a 10' Slope & Drainage Easement along all Rights of Way and a 10' Utility Easement along all Property Lines. 3. The original subdivision plat is recorded in D.B.647, P g.737. , 4. The property shown on this plat is located in Zone "C", as shown on HUD Flood Insurance Rate Map, Community -Panel Number 510063 0115 B. effective date of July 17, 1978. "This is to certify that on September 21, 1988, I made an accurate survey of the premises shown hereon and that there are no easements or encroachments visible on the ground other than those shown hereon." �SNUni O� Df VElliott Ritchie, Jr LICENSE No 11318 _ �NO s� �aVE�O HOUSE LOCATION LOT 10 SECTION FIVE GREENWOOD HEIGHTS SHA W NEE DISTRICT FREDERICK COUNTY, VIRGINIA SCALE:1"=30' SEPTEMBER 21, 1988 RITCHIE SURVEYS STEPHENS CITY, VIRGINIA Certified Correct To: 4 LAW OFFICES PHIUP E. GROVES GREGORY F. HUTCHINSON GROVES & HUTCHINSON 132 SOLrrH CAMERON STREET WINCHESTER, VIRGINIA 22601-0100 PRELIMINARY TITLE CERTIFICATE (703) 665-0650 POST OFFICE BOX 100 p• Morris B. Wheeler and Marian S. Zirkle Lots 5 thorugh 11, Greenwood Heights, Section V, Shawnee District, Frederick County, VA VESTED IN: Fred W. Glaize, III and Ann W. Glaize and Bowman Trucking Co.,Inc. TO BE CONVEYED TO: Morris B. Wheeler, homme sole, and Marian S. Zirkle, femme sole, t/a Good Tyme Builders We hereby certify that we have examined the title to the above -referenced property, as more fully described in the attachment hereto, between the following dates: November 16, 1937 to November 9, 1987 THERE ARE THE FOLLOWING ENCUMBRANCES, OBJECTIONS AND OTHER MATTERS OF RECORD: 1. Deed of Dedication and plat of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 647, at Page 737. (COPY ATTACHED) 2. Deed of Dedication provides for 10' utility easement across rear of each lot. 3. Deed of Dedication provides for annual assessments of $45.00 per year beginning in 1988, to be subordinate to any deed of trust. 4. Right of Way to Potomac Edison dated August 19, 1966 (pole on Rt. 656) of record in the aforesaid Clerk's Office in Deed Book 326, at Page 21. 5. Right of Way to Potomac Edison dated May 18, 1987 along all lines in Greenwood Heights of record in the aforesaid Clerk's Office in Deed Book 648, at Page 858. TAXES are paid through the first/second half of are now due and payable for are a lien, but not due or payable for NO CERTIFICATION IS MADE WITH REFERENCE TO: (1) Encroachments, overlaps, deficiency in quantity of ground, boundary line disputes, unrecorded easements, or any matters which would be disclosed by an accurate survey; (2) Unfiled mechanic's or materialmen's liens; (3) Taxes becoming due but not yet payable; (4) Rights or claims of parties in possession not shown by public records; (5) Family facts unknown to and which could not be ascertained by the examiner; (6) Pending power, water main or other easements not yet recorded; (7) Federal and/or state tax liens unrecorded or recorded in other jurisdictions; (8) Riparian rights; (9) Conditions, limitations, restrictions, qualifications, easements and stipulations contained or referred to in any conveyance to the parties; (10) Any defect, lien, claim, encumbrance or adverse matter, recorded or unrecorded, affecting the title existing prior to the date of the beginning of this examination as stated above. DATE: November 12, 1987 NOW ROME for . •,' • _—A y a ISON L JOHNSTON VTOENET, •T lbw NCHESTE,, VIRGIN11 THIS DEED, made this day of , 1987, by and between FRED L. GLAIZE, III and.ANN W. GLAIZE, his wife, and BOWMAN TRUCKING COMPANY, INCORPORATED, a Virginia Corporation, of the one part, hereinafter called the Grantors, and MORRIS B. WHEELER, Homme Sole, and MARIAN S. ZIRKLE, Femme Sole, TRADING AS. GOOD TYME BUILDERS, 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 Grantee, Morris B. Wheeler, as his sole and separate equitable estate, an undivided one-half interest, in fee simple, and unto the Grantee, Marian S. Zirkle, as her sole and separate equitable estate, an undivided one-half interest, in fee simple, together with all rights, rights of way, privileges and appurtenances thereto belonging, all of those certain lots of land, located in Shawnee Magisterial District, Frederick County, Virginia, lying on the west side of Virginia State Route 656, known as the Greenwood Road, which property is located east of the City of Winchester, Virginia, which is more particularly described as Lots 5, 6, 7, 8, 9, 10 and 11, Greenwood Heights, Section V, on that certain plat and survey by P. Duane Brown, C.L.S., dated March 11, 1987, attached to the Deed of Dedication of Greenwood Heights, Section V, recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 647, at Page 737; and being a portion of the same property which was conveyed to Bowman Trucking Company, Inc., by deed dated July 1, 1986, and recorded in the aforesaid Clerk's Office in Deed Book 620, at Page 356, and further which Bowman Trucking Company, Inc., by deed dated July 7, 1986 conveyed an undivided one-half interest to Fred L. Glaize, III, which deed is recorded in the aforesaid Clerk's office in Deed Book 620, at page 762. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record, including those as set forth in the Deed 1 i AISON 6 JOHNSTON ATT:gMETS AT LAW IYCMESTE,, VINGI.IA STATE OF VIRGINIA, AT LARGE, OF To —wit; The foregoing instrument was acknowledged before me this day of 1987, by Fred L. Glaize, III and Ann W. Glaize, his wife. My commission expires Notary Public STATE OF VIRGINIA, AT LARGE, OF , To —wits The foregoing instrument was acknowledged before me this day of , 1987, by James L. Bowman, as President of Bowman Trucking Company, Incorporated, a Virginia Corporation, on behalf of said corporation. My commission expires 3 Notary Public COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 October 4, 1988 TO: THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) RE: Application #023-88 of Morris B. Wheeler FOR: A 3.7 foot front setback variance and a .3 foot side yard setback variance for a dwelling on Lot 10, Meadow Lark Court, in Section 5 of Greenwood Heights, in the Shawnee Magisterial District. This variance request will be considered by the Frederick County Board of Zoning Appeals at their meeting of October 18, 1988, at 3:30 p.m., in the Board of Supervisors' Meeting Room, the Old Frederick County Court House, 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 r ^ Y + , This is to certify that the attached correspondence was mailed to the following on October 4, 1988 from the Department of Planning and Development, Frederick County, Virginia: Mr. Morris B. Wheeler Rt. 6, Box 96 Winchester, VA 22601 Leggia Group, Inc. 6000 Stevenson Ave. Alexandria, VA 22305 Marian Zirkle 141 Wilkins Dr. Winchester, VA 22601 Shannon D. Warf 1813 Meadowbrook Dr. Winchester, VA 22601 Randal Marlowe 1161 Meadowlark Ct. Winchester, VA 22601 Robert W. Watkins, Director Frederick County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK I, K. Gay,Ull , 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 �Cfo�PY 1/, ��8 , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this .217� day of OC4-Aer , 1988. My commission expires on �93 , / 9 S 1 NOTARY PUBLIC