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Home My WebLink About29-88 Delmer & Shirley Dehavem - Gainesboro - BackfileCOUNT' of FREDERICK Departments of Planning and Building 703/665-5650 December 21, 1988 Delmer and Shirley DeHaven Route 1, Box 395 Stephens City, Virginia 22655 Dear Mr. and Mrs. DeHaven: This letter is to confirm the Frederick County Board of Zoning Appeals' action at their meeting of December 20, 1988: Approval of Variance Request #029-88 of Delmer and Shirley DeHaven for a 15 foot front setback variance for a dwelling. This property is located seven miles north of Winchester on the southeast side of Route 600, 1 1/2 miles from Route 522 North, in the Gainesboro 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 a, P O—Xl • 0 VARIANCE #029-88 Delmer and Shirley DeHaven LOCATION - Seven miles north of Winchester on the southeast side of Route 600, 1 1/2 miles from Route 522 North. MAGISTERIAL DISTRICT - Gainesboro TAX MAP & PARCEL NUMBER - Tax Map 19, Parcel 60 LAND USE & ZONING - Vacant land zoned A-1 (Agricultural Limited) ADJOINING LAND USE AND ZONING - Vacant land zoned A-1 (Agricultural Limited) PROPOSED USE AND IMPROVEMENTS - A residential dwelling VARIANCE - 15 foot front setback variance REASON FOR VARIANCE - Applicant states that the land is slightly slanted at the widest area downhill grade) and the level portion of land is narrow and widens gradually. BACKGROUND INFORMATION - In the A-1 zone, an 80' setback from the center line of a highway right-of-way is required. STAFF COMMENT - There is adequate room to accomodate the house if it is placed slightly to the north of the lot. See attached diagram. � t 1 a r R=89.50' L = 129.98' N 10005' 17" E CHORD = ZZ 131.06 N00031'35"E N42007'58"E 3 I PS 5.02 118.86 4I.P.O:Z:-NO 00T /W I.PS. 5 S�Bo +BRACE POLE-1 �0 GUY WIRE I.P F. S09 o5 5013211 SO Trom (L 6� 60jUILDABL� 00 LOT NO. I SUBDIVISION OF JEROM E M. NOR MAN N D.B. 5531 P. 38 528 29 � - I.P.F (00.34' ' 100' 50' 0 100' JACKSON A.ROBINSON SCALE IN FEET D.6.443,P164 PS. W N O ro co )z �I • r ' r APPLICATION FOR VARIANCE • IN THE COUNTY OF FREDERICK, VIRGINIA Variance Application No. 0 a -X Application Date Fee Paid %ram 1. 2. 3. Submittal Deadline is For the Meeting of 3%3o pm . The applicant is the (owner) (other) ✓ . (check one) NAME �� Rt Chi r I.,, le_�� OCCUPANT: ( If other than applicant) ADDRESS: —�- NAME: -µ , _ ADDRESS: TELE HONE : e 3 �. TPLEPHONE : The property is located at (please give exact directions) R. 1..t.! . _ (�Ctvfuw� �111A 4. The property has a frontage of $ FJ3 feet and a depth of 140' 40 3' feet and consists of (Q`l3 acres. (Please be exact) 5. The property is owned by L , lei-- aA;zn as evidenced by deed from Et4;e. `_Tae_�)g-iAL,,,,,,, recorded in deed book no. on page 3S°1 , registry of the County of F recG�;c_k 6. This property is designated as parcel no. b O _ on tax map no. (� in the %0.ineS�ooro Magisterial District. 7. Property Identification Number: (� -- AUlf - ,�j�(�0 UUDD - 06&00 8. The existing zoning of the property is: A -� 9. The existing use of the property is: n oyie, 10. The adjoining properties zoning is: A - 1 11. The adjoining properties land use is: reS'JaW161 12. Describe the variance sought in terms of distance and type. (For_ exa ple - A 3' rear yard variance for an attached two car garage.) 5 U or i an C e. D zL-1 n1 r\ 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 r 1 „ 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) 1►UIX101 1 . C l, me� L. 4 mAd+I�nz 1 �CW rl Address: cj 1 x ) roc e% e4- Property ID#: - G - CT--) 2. W. 3 � � � 'H. —N0.rCe-- Address: C , 3? 3& x Property 1 ci - - Address: It�t; _ Property 19 - ID# : fit C� _ ec�� V ID# - 12.- v bobx) �U 6 - - C� lk U19. �! 6 10 3• 'Sercrn� i`n Leah K�DfY CLO 4 . �uel.lvl �. o K06'i A dress• .0•emu :73 lam, e6P V a J-a4o61 Property IDf : t Ct Lxyb - U - - 5. Address: Property ID#: _ 6. Address: Property ID#: 7. Address: Property ID#: 8. I 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. r Signature of Applicant: �' _ `J Date J-3a-�55 Signature of Owner: �ufew For Office Use Only BOARD OF ZONING APPEALS PUBLIC HEARING ACTION OF (date) Approval Denial CHAIRMAN: (� • G!� G�Y"`� Date t(-30-9k 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 Property YOUR PROPERTY Adjoining Property o v m I T t E�I K r- m Add ttion — _ i i�--► — N o Y y Property Line _—__:Center of Rood ------- Rood SHOW THESE MEASUREMENTS :ROAD-NO-7- -.-To our kn6tJe_C -_3e_., `4 h Qre -4r Lx�ix F 5 br. a&j c;,;n c�GJ _Pv_bper . �aehmeu.� t � Ir Q' 9Lfi N I kA, 1 1 � I l IV ►Jcs1e: The above 1 oea+. on -�uv- d ro:vn -PI606 �S exoaa+ 5'1A-e. 6LLe, 4o �i er k Tes-1- re SLXVVS . N 10005' 17" E \ / 131.06' 3 I.P.S. s c'g� 3p . 1> 2 R=89.50' L = 129.98' CHORD = N 00 031' 35"E N42007'58" E �- 505.02 ' 1 18.86' �4ROAD NO PO 0 40 r/W I.PS� 5 —BR.4CE POLE" GUY WIRE LAND OF IiME<< L. DeHAVEN (DEED BWK,W, I'A F 357-) PORTION OF 7RACf NO. 0 ON TAX MAP NO. 19) 1. P. F S, 0 9 0 1.73 ACRES 50 �3 LOT NO SUBDIVISION OF JEROME M. NORMANN D.B. 553, R 38 100' 50' 0 100' SCALE IN FEET 528.29 I.P.F: (00 PS. 6XW n / JACKSON A. ROBINSON D.8.4439P164 The above Tract of land, located on the Southeast side of Road No. 600 about Two Miles North of Gainesboro, and situate in Gainesboro Magisterial District, Frederick County, Virginia; is bounded as follows: Beginning at (1) a point on the Southeast side of Road No. 600 a corner to Lot No. 1 of the Subdivision of Jerome M. Normann, said point being N 09 deg. 50 min. 32 sec. E 0.34 feet from an iron peg found on the Southeast side of Road No. 600; thence with Lot No. 1 of the Subdivision of Jerome M. Normann for the following two courses: S 09 deg. 50 min. 32 sec. W 528.29 feet to (2) an iron peg found; thence S 28 deg. 20 min. 30 sec. W 241.27 feet' to (3) an iron peg set on the Southeast side of Road No. 600; thence with the Southeast side of Road No. 600 for the following four courses: N 10 deg. 05 min. 17 sec. E 131.06 feet to (4) an iron peg set; thence N 00 deg. 31 min. 35 sec. E 505.02 feet to (5) an iron peg set; thence with a curve to the right, the radius of which is 89.50 feet, for a distance of 129.98 feet, the Chord Bearing and Distance being N 42 deg. 07 min. 58 sec. E 118.86 feet of (6) an iron peg set; thence N 83 deg. 44 min. 21 sec. E 98.10 feet to the point of beginning, containing 1..73 Acres, more or less. rR�tICH 0RICHARD U. GOODE,CERTIFIED LAND SURVEYORBERRYVILLE, VIRGINIA . GOODE SURVEY NO. 9886 /B SEPTEMBER 29, 1988 12 F 4ND SURV� • • COUNTY of FREDERICK December 6, 1988 Departments of Planning and Building 703/665-5650 TO: THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) RE: Application #0 29-88 of Delmer and Shirley DeHaven FOR: A 15 foot front setback variance for a dwelling. This property is located on the southeast side of Route 600, 1 1/2 mile from Route 522 North, in the Gainesboro 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 > This is to certify thane attached correspondence wasoled to the following on December 6, 1988 from the Department of Planning and Development, Frederick County, Virginia: Delmer and Shirley DeHaven Route 1, Box 395 Stephens City, VA 22657 Elmer L. and Madiline DeHaven Route 9, Box 244 Winchester, VA 22601 W.J. and V.A. Pearce HC 38, Box 800 Winchester, VA 22601 Jerome M. and Leah M. Norman 100 E. Ocean View Avenue Norfolk, VA 23503 Jackson A. and Evelyn L. Robinson P.O. Box 2361 Winchester, VA 22601 �Ala/�—,-7— RolAe'rt-W. Watkins, Director Frederick County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK 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 �tce,M�et �, / `% d , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this -1 day of 1988. My commission expires on 5�,4 - r -?3 NOTARY PUBLIC r7�ti CLINTON L. BITTER AL TO::a � T0: • DEED ELMER L. DeHAVEN, X a a aaaaaaaaaaaaaaaaa aaaaaaa r LAW UFFIC[L U RRICR AND WHITE WIMCMCSlCA. VIA/IRIA • BOOK 330 rAcE uJ 7 THIS DEED, made this ,_day of �(�� ;� 1967 between Clinton L. Ritter and Peggy L. Ritter, his wife, by Clinton L. Ritter, her attorney in fact, of the one part, herein- after called the Ritters, and Elmer L. DeHaven and Madilean S. DeHaven, his wife, of the other part, hereinafter called the DeHavens. WHEREAS, the DeHavens and the Ritters own adjoining tracts of land situate about two miles North of Gainesboro on Virginia Secondary Route No. 600 and Isaac Creek, in Gainesboro Magisterial District, Frederick County, Virginia, a portion of which is shown on the attached plat and survey of Quentin R. Shortt, dated January 3, 1967, and by this reference made a part hereof; Elmer L. DeHaven having acquired title to the land owned by the DeHavens by deed of Effie DeHaven, dated August 21, 1954 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 234, Page 290, and Clinton L. Ritter having acquired title to the land owned by the Ritters and now identified as Rhine Forest Estates by deed of Jack K. Gideon, Sr., et ux, dated May 20, 1966, and recorded in said Clerk's Office in Deed Book 322, Page 226; and, WHEREAS, the parties desire to establish the center of Isaac Creek as the boundary line between their properties, as shown on the attached plat, and the DeHavens desire to convey to the Ritters, their heirs, successors and assigns, the right to 1 M,W i uwOMM URRICK AND WHITE i■IM CM[/T[/. YI//IMIA sonic 330 rAcrt 358 . use Beaver Dam Drive and Isaac Creek Drive, as shown on the attached plat, for ingress and egress to and from State Route No. 600 and the lands of the Ritters. NOW, THEREFORE, THIS DEED WITNESSETH[ That for and in consideration of the sum of Tin Dollars ($10.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Ritters do grant and convey, with General Warranty of Title, unto Elmer L. DeHaven, in fee simple, together with all rights, privileges and appurtenances thereto belonging, all of those two certain parcels of land identified as Parcel 11C, Tract 1, and Parcel 5B, Tract 2, Rhine Forest Estates, as described in the attached plat and survey. The Ritters covenant that they have the right to convey said realty to Elmer L. DeHaven; that Elmer L. DeHaven shall have quiet possession thereof` free from all encumbrances; that they have done no act to encumber said realty and that they will execute such further assurances thereof as may be requisite. FURTHER WITNF,SSETH[ 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 DeHaven do grant and convey, with General Warranty of Title, unto Clinton Ritter, in fee simple, together with all rights, privileges and appurtenances thereunto belonging, all of that certain parcel of land identified as Parcel 5A, Tract 2, Rhine Forest Estates, in the attached plat and survey. The DeHavens do further grant and -2- 1 1� r �. F F N 1AW ornclA URRICK AND WNITE WIM INI/TI A. WIAAINIA BOOK 330 Fact 359 convey unto Clinton L. Ritter, his heirs, successors and assigns, a right of way over Isaac Creek Drive and Beaver Dam Drive, as shown on the attached plat for ingress and egress to and from Virginia Secondary Route No. 600 and the lands of the Ritters. The DeHavens covenant that they have the right to convey said realty to Clinton L. Ritter, that Clinton L. Ritter shall have quiet possession thereof, free from all encumbrances; that they have done no act to encumber said realty and that they will execut such further assurances thereof as may be requisite. WITNESS the following signatures and seals: s Clinton L. Ritter (SEAL) `L� ��• f -�•/Gi C / (SEAL) Peggy L. Ritter,, by Clinton L. Ritter, her attorney in fact Elmer L. DeHaven (SEAL) .11�,-,l"; 1. • � `} � � � Madilean S. DeHaven (SEAL) ;TATE OF VIRGINIA, 'OUNTY OF FREDERICK, to -wits a Notary Public of and for the tate and County aforesaid, do certify that Clinton L. Ritter and eggy L. Ritter, his wife, by Clinton L. Ritter, her attorney in Ict, whose names are signed to the foregoing instrument, bearing -3- s •_ tour, 330 eAcc 360 [te on the 'day of 1967, has acknowledged the ime before me in my State and County aforesaid. Given under my hand this D—day o\f 1967. :4y commission expires Notary Public TATE OF VIRGINIA, RUNTY OF FREDERICK, to -wits I, a Notary public of and for the State nd County aforesaid, do certify that Elmer L. DeHaven and adilean S. DeHaven, his wife, whose names are signed to the fore- , oing instrument, bearing date on the.— day of 967, have acknowledged the same before me in my State and County foresaid. Given under my hand thisday of 1967. My commission expires est 1, �`, �-7 Notary Public -4- LAW OFFICE$ [AMCK AND WHIT[ �IMGH[[T[K. YI K[IMIA 1 1 7I r� I BOOK 330 rui 361 "�'``+ �"�` mod°• \ la � �o R) �/CCU ^� �-„ ��,� may\ ` ��•- , ��4" { ti A _ 51 let tA�c• �✓G n.Y,c: Lt I! , r- /Y5!°os'�ri Jr 5r�:J Neriz"poi// /ai•/o PARCEL 11 C, TRACT 1 and /-�-;obeyb,U°V -4•77 1 PARCELS 5A and 5B, TRACT 2 �V /ZM i MINE FOREST ESTATES GAINESBORO DISTRICT FREDERICK COUNTY, VIRGINIA Scale 1" • 2001 December 1966 SCu9Ti '� �� 5417 3(a IS 11 5417 3(6)153 y 0 [AND %'-o" QUENTIN R. SHORTT ASSOCIATES CERTIFIED LAND SURVEYORS 23 SOUTH BRADDOCK STREET WINCHESTER, VIRGINIA 22601 BUK 330 PAGE 3G'� PARCEL 11 - C, TRACT Rhine Forest Estates A portion hereby designated as Parcel 11 C, Tract Rhine Forest Estates, Gainesboro District, Frederick County, Virginia, as referred to in Deed Book at page , said Parcel 11 - C, being more particularly described as follows: Beginning in the center line of Isaac Creek on the east line of Virginia Secondary Route No. 600, 40' wide, at the south west corner of Parcel No. "l"; thence running with the center of Isaac Creek N 67.OU150" t, 85.061; S 85*25' E, 71.691; S 66°5312U" E, 121.7l'; and S 330 59' E, 121.71, to the north west corner of Parcel No. lit thence with Parcel No. 11, 1 17056120" W. 114.21' to a found stone; thence N 710041LU" W, 219.21' to the east line of Virginia Secondary Route No. 6UO; thence with the east line of Route 60U, N 32012130" W, 106.76;�N 210 35120" W, 173.75, to the beginning containing 1.149 .icres. '• i h BOOK 330 PAGE 363 PARCEL 5 - A TRACT 2 Rhine Forest Estates A portion hereby designated as Parcel 5 - A, Tract 2, Rhine Forest Estates, Gainesboro District, Frederick County, Virginia, as referred to in Deed Book at page , said Parcel 5 - A being more particularly described as follows: Beginning at a point in the center of lsaac Creek 198.56' west of Virginia Secondary Route No. 6UU; thence with the center of Isaac Creek, S 8600'20 W. LU8.481; S 88053' lU" W, 11.84' to a corner of Parcel No. 5; thence leaving the creek and with Parcel No. 5, N 56•05150" E, 58.331; and S 719U4110" E, 76.78' to the beginning containing 0.044 acres. { BOOK 330 PAGE 36�! PARC M 5-g MJU 2 RHINE FOREST FCTeTca A Portion hereby designated A% Parcel 5-B of Tract 2, Rhine Forest Estates, Gainesboro District, Frederick County VirginSn, ns referred to in Deed Book _—__-_,__at page said Parcel 5 - B, being more particulnrly described as follows: W .i Beginning in the center of Isaac Creek on the west line of Virginia Secondary Route No, 6U0, 4U' wide, also a corner of Parcel 5, tract 2; thence running with the west line of Route No, I 600, S 21035120" E. 62,88,; and S 32012130" E, 64,94'; thence I leaving Route No, 6UO, N 71004110s, W, 257.22, to the center Of Isaac Creek; thence with the center of Isaac Creek N 86005' 201, E, 125.681; and N 720461401, E. 72,88' to the beginning I containing 0,230 acres, VIRGINW fREDER CK COUNTY, SCI. hir InNrvmeN of wrlfinp was produced to me on the 4:� depy of�-'�-,,JF;/ of and with carllfka?7y!j to record, IedomotYhkrel0 annexed west admitted ,e ,1 r r