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HomeMy WebLinkAbout27-88 Morris B Wheeler (Lot 6) - Shawnee - Backfile246D COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 December 21, 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 December 20, 1988: Approval of Variance Request #027-88 of Morris B. Wheeler for a 1.4 foot north side yard variance for a dwelling on Lot 6, Meadow Lark Court, in the Greenwood Heights Subdivision, Section V, 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 VARIANCE #027-88 Morris B. Wheeler LOCATION - Lot 6, Meadow Lark Court, Greenwood Heights, Section V MAGISTERIAL DISTRICT - Shawnee TAX MAP & PARCEL NUMBER - Tax Map 65E(7), Parcel 6 LAND USE & ZONING - Residential land use and RP (Residential Performance) zoning ADJOINING LAND USE AND ZONING - Residential land use and RP (Residential Performance) zoning PROPOSED USE AND IMPROVEMENTS - An existing residential dwelling VARIANCE - 1.4 foot north side yard variance REASON FOR VARIANCE - Building error; need variance in order to sell. BACKGROUND INFORMATION - Residence was constructed in violation of 10' side setback required on the northern edge of the property. STAFF COMMENT - Variance is requested by applicant in order to have a marketable property. APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA Variance Application No. Submittal Deadline is Application Date di/�°�ilbpe p . /%� For the Meeting o� Fee Paid �wL .1. The applicant is the (owner) (other) (check one) 2. NAME: 5 _ �j OCCUPANT: (If othe than applicant) ADDRESS:_ NAME: ' �// 4�=�� ADDRESS TELEPHONE:—, ONE: Ll'z /,'Z0- 0' s Ua , aldJ 3. The property is located at (please give exact directions) M-M A 4. The property has a frontage of fo feet and a depth of feet and consists of acres. (Please be.,exact) 5. The property is owned bas evidenced by deed from11a?d la recorded in deed book no. GG fC on page 27.: , registry of the County of/�,'O,,' 6. This property is designated as parcel no. fv on tax map no. 1n5 �in the SX)aW,vaMagisterial District. 7. Property Identification Number: 8. The existing zoning of the property is: 9. The existing use of the is: ia!N,t/Q property 10. The adjoining properties zoning is: 2� 11. The adjoining properties land use is: ��s��Ze'v7;�� 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 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 25 c� 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 �ie/2/ A7`�s : Property ID# : � " u ��d -005 -~oC-)d '�? -- d 2. Ake,72l&� �.! Address* `ll / 1-,Irz)s, Property ID# : '~ d 5 3. JA AcTdr,.ess: Property ID# 4. Address: Property ID#,': (OS.E' -�a©� S -o 5. 61 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 Applii Signature of Owner D ate Date For Office Use Only BOARD OF ZONING APPEALS PUBLIC HEARING ACTION OF (date) 10 Approval Denial CHAIRMAN: G�+Z✓ MEADOWBROOKE 56' R/W 0 v � e a it u sx � 1 d Ln Ln n Electric d (Transformer 0 4 ' DRIVE Lot 5 S 80° 34' 11" E - 145.11' T a Garage 1 Cl' Gravel g4 N W. Drive - ---J � � � U Open Porch o A=20.02' % R=25.00' — 1 'Z� 1 Story v inly Siding ,. � 01 a LOT 6 11,008 Sq. Ft. _ 1bT_San. Sewer Esm't. AN76- 531581, W - 149.871 D Lot 33 OPEN SPACE "Crr Lot 7 --_� NOTES 1. No Title Report Furnished. 2. All Lots are subject to a 10' Slope do 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 November 1, 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." �,r AL? H 0 f CW Elliott Ritchie. Jr ram. u LICENSE No 1318 y0� tia suR�� HOUSE LOCATION LOT 6 SECTION 5 GREENWOOD HEIGHT'S SHAWNEE DISTRICT FREDERICK COUNTY, VIRGINIA SCALE:1"=30' NOVEMBER 1, 1988 RITCHIE SURVEYS STEPHENS CITY, VIRGINIA , C,XV—C� COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 December 6, 1988 TO: THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) RE: Application #027-88 of Morris B. Wheeler FOR: A 1.4 foot north side yard variance for a dwelling. This property is located on Meadow Lark Court in Greenwood Heights, Section V, in the Shawnee Magisterial District. This variance request will be considered by the Frederick County Board of Zoning Appeals at their meeting of December 20, 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 0 This is to certify that the attached correspondence was mailed to the following on December 6, 1988 from the Department of Planning and Development, Frederick County, Virginia: Mr. Morris B. Wheeler Rt. 6, Box 96 Winchester, VA 22601 Marian Zirkle 141 Wilkins Dr. Winchester, VA 22601 Michael T. McKinney 3 Parkview Avenue Winchester, VA 22601 Jerry W. Snyder 1051 Meadowview Court Winchester, VA 22601 Ro' ert W. ViAtkins, Director Frederick County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK I, ZLah-e K. , 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 _-- />eev,LeY (o / 9 S S , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this (p day of ����,er , 1988. My commission expires on NOTARY PUBLIC 0 N N HARRISON 6 JOHNSTON ATTORNEYS AT LAW WINCHESTER. VIREINIA v 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 Corpora ion, of the one part, hereinafter called the Grantors, and MORRIS B. WHEELER, Homme Sole, and i MARIAN S. ZIRKLE, Femme Sole, TRADING AS GOOD TYME'BUILDERS, of the other 1 part, hereinafter called the Grantees. WITNESSETH: That for and in consideration pf.'the sum of Ten Dollars AiNk ($10.00), cash in hand paid and other valuable whereof is hereby acknowledged, the Grantors do General Warranty and with English Covenants of T Morris B. Wheeler, as his sole and separate equi one-half interest, in fee simple, and unto the her sole and separate equitable estate, an undi eration, receipt t and convey, with e, unto the Grantee, le estate, an undivided ee, Marian S. Zirkle, as d one-half interest, in fee simple, together with all rights, rights of wa, privileges and appurtenances thereto belonging, all of those n lots of land, located ',a'Y in Shawnee Magisterial District, Frederick County,Virginia, lying on the 114 west side of Virginia State Route 656, known as the Greenwood Road, which property is located east of the City of Wincheste*4 Virginia, which is more particularly described as Lots 5, 6, 7, 8, 9, 10 and 11, Greenwood Heights, Section V, on that certain plat and survey by P. Duane Brown, C.L.S., dated March 11, 1987, attached to the Deed of Dedication pf Greenwood Heights, Section V, recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 647, at Pagf 737; and being a portion of the same property which was conveyed t(<$owman 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.;Wich Bowman Trucking Company, Inc., by deed dated July 7, 1986 conveyed-"'pn undivided one-half interest to Fred L. Claize, 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 le covenants and easements of record, including those 1 orceable restrictive set forth in the Deed HARRISON 6 JOHNSTON ATTORNEYS AT LAW WINCHESTER, VIRGINIA • DK664374 of Dedication of Greenwood Heights, Section V, recorded in the aforesaid Clerk's Office in Deed Book 647, at page 737. Ann W. Glaize, wife of Fred L. Glaize, III, joins in this instrument, to release any and all interest which she may have, including dower interest. It is distinctly understood that this conveyance is made to Morris B. Wheeler, as his sole equitable separate estate,`ee from the debts and controls and marital rights including dower of his present wife or any future wife which he may have; that he may encumber said property or convey b 1 the same by his sole act without the union of his"wife in any instrument z. that he may make with reference thereto, and that he shall in all respects hold or dispose of the hereinabove described property just as though he were a homme sole. It is distinctly understood that this conveyance is made to Marian S. Zirkle, as her sole equitable separate estate, free from the debts and controls and marital rights including curtesy of her present husband or any future husband which she may have; that she may„encumber said property or convey the same by her sole act without the union. of her husband in any instrument that she may make with reference thereto, and that she shall in all respects hold or dispose of the hereinabove described property just as though she were a feme sole. WITNESS the following signatures and seals: (SEAL) FRED L. GLAIZE, III (SEAL) ANN W. GLAIZE, BOWMAN TRUCKING COMPANY, INCORPORATED, A Virginia Corporation (SEAL) JAME . BO 2 af� i� >RRISON 6 JOHNSTON ATTORNEYS AT LAW WINCHESTER. VIRGINIA 6K66�,-FG375 r. a STATE OF VIRGINIA, AT LARGE, OF �'�CIC`1�:��E'/�- To -wit: The foregoing instrument was acknowledged before me this day of 1987, by Fred L. Glalza&malll and Ann W. Glaize, 7> his wife. QT ^}' My ,commission expires p 1 Notary,�Publlc STATE OF VIRGINIA, AT LARGE, OF l`r l' To -wit: The f egoing instrument was acknowledged before me this 1p day of �C�6 /L 1987, by James L. Bowman; as President of Bowman Trucking Company, Incorporated, a Virginia Corporation, on behalf of said corporation. My commission expires o v ; ; i v.!3- prcdu,.ed to me on the E^ ,rL anneied ,.crd. Tax imposed Iry :r:^.:•8-54.1 of and 53-54 have been Pak-', ii'zssess.abla. Zo CLERK' � on i'. k; 3