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HomeMy WebLinkAbout30-88 New Dominion Builders Inc - Shawnee - BackfileCOUNTY of FREDERICK Departments of Planning and Building 703/665-5650 March 15, 1989 New Dominion Builders,:Inc. 2033 Garber 'Road Winchester, Virginia`',22601 Dear Sirs: This`letter.is to confirm the Frederick County Board of Zoning Appeals' action at their meeting.rof February ,21, 1989;: Approval.,'of _Vats ance.4030-88.of New Dominion Builders, Inc. for a 1' 5" (west side) .variance `aiid . a ' 4' 4" (north'�.'lAe)' variance for 'a.; dwelling. This - property is located at. the";:corner of Ginger,!;: tree and Mi11.Race'Drive, in 'Mill Race Estates,,- in :the Shawnee Magisteriaf,District. If you _have 'any_questions regarding-.. your variance; please do not hesitate to call this office: Sincerely, V V Kris C. Tierney Deputy Director. KCT/dkg 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 0 • 0 VARIANCE #030-88 New Dominion Builders, Inc. LOCATION - Mill Race Estates, Lot 66, on the corner of Ginger Street and Mill Race Drive MAGISTERIAL DISTRICT - Shawnee TAX MAP & PARCEL NUMBER - Tax Map 55G, Parcel 66 LAND USE AND ZONING - Residential land use, and RP (Residential Performance) zoning ADJACENT LAND USE AND ZONING - Residential land uses, and RP (Residential Performance) zoning PROPOSED USE AND IMPROVEMENTS - A dwelling VARIANCE - A 1' 5" variance (west side) and a 4' 4" variance (north side) from the required 35' setback from edge of right-of-way. REASON FOR VARIANCE - Shape and size of lot BACKGROUND INFORMATION - Applicant wishes to construct a single-family dwelling with an attached garage on the lot. STAFF COMMENT - The RP zone has a 35' setback from the edge of a fronting right- of-way, also a 25' rear and 10' side setback. A variance is required in order for the applicant to build the proposed house. NOTE: The diagram submitted originally showed an 11' westside variance and a 15' north side variance being required. APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA Variance Application No. Applicatio D e -/ - Fee Paid 3P Submittal Deadline is For the Meeting of 1. The applicant is the (owner) / (other) 2. NAME: gel !/!� On) 0 & , OCCUPANT: (If o ADDRESS: NAME: itJ ADDRESS TELEPHONE : CJ�cs o7�05- TELEPHONE : 3. The property is located at (please give exact .. -� � (check one) her than applicant) directions) s &„ wcc �t 4. The property has a frontage of 1® p5"feet and a depth of 10,E feet and consists of � _ acres. (Please be exact) 9AIav 1�4 5. The property is owngd by Af cxj � NI ►m6d I�, as evidenced by deed from OHiV -- 11lSr�.Efkrecorded in 4eed book no. on page _-a_ , registry of the County of 6. This property is designated as parcel no. �(, _ on tax map no. 65 C- in the EE' Magisterial District. 7. Property Identification Number: �SGQri�oo��0000-$bco� - dp��_-p 8. The existing zoning of the property is: (BSc 9. The existing use of the property is: 5� 10. The adjoining properties zoning is: SQ.ntiL 11. The adjoining properties land use is: 4&-- 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 senor development of property immediately adjacent thereto Page Two Variance 114. 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) Mk 0 W &S mk,56 NAME /V Address •- Property ID : 5 Gao- 2. � �° `I"��T�/ I Addre(s -k �aSL �� IIP•v�s� (%+� Property ID# : 3 Address._, Property ID# 6C QD --(Oo z ®© ®moo ..- O p SO - 4. A dress: Property ID#: 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: ��u1irl����trn �U�t;f'GtS LNL. Date /a —ad Signature of Owner: /lam Dater r Char )e s Aaa/' 5 For Office Use Only p BOARD OF ZONING APPEALS PUBLIC HEARING ACTION OF (date) " 12 �! Approval a Denial CHAIRMAN: Gtiv�� REVISED ff ,c/O P T �Lc-- so � sr FRS , � Le �I THIS IS A REVISED COPY NEvi--Dof:, 0 �- �,E'OPOS Eo �/OUSE G OCA T M/L L �� CE ESTATES st-/,9rV.uEE Oi.SreiCT F,eEOE,2�C,c' cOvc/»; `r.PG/,c/%4 SCALE: 1" 30" DATE ✓���/A�y' �f /98� ft\ GREENWAY ENGINEERING AND SURVEYING CO.. INC. //04 BA.CE,t' GA.t/C %47 WINCHESTER VIRGINIA 22601 TELEPHONE 662-4166 ,i,KLTU OF C, o N. BRUCE EDENS x V CERTIFICATE NO. y 54 17-3 (a)965 54-17.3 (b)162 LAfvU SHEET / of / C�s�/ GF r ,(/0.2 T1-! - , '� /G /-( ea 5uremce-k't5 f',C'OPO,S E"Q 1-/04IS6- ':� oCA 7-10A/ zor 66 M/L L R,4CC E'ST� TES SCALE: /''= 3a' DATE It GREENWAY ENGINEERING AND SURVEYING CO., INC. //04 B,I CEO 44AIC WINCHESTER, VIRGINIA 22601 TELEPHONE 662-4166 Mil op *c N. BfU U EDEIti x CERTIFICATE NO- Y 54.17.3 (r)965 C4, 54.17.3 M162 4T���EU LAND SHEET / of TINWA1 A. L(NTNAN ` ATT. - AT L.- �plFl,S •• r. 6 BK697FG399 THIS DEED AND DEED OF RELEASE, made and dated this-4/ /t( day of,1988, by and between John E. McALLISTER and Jane P. HcALLISTER, his wife, by James L. LONGERBEAM, their Attorney -in - Fact, parties of the first part, hereinafter called the Grantors; NEW DOMINION BUILDERS, INC., a Virginia Corporation, hereinafter called the Grantee; Benjamin M. BUTLER, Sole Acting Trustee, and The Farmers & Merchants National Bank, Beneficiary, parties of the third part. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid, and other good and valuable I consideration, the receipt of which is hereby acknowledged, the i Grantors do hereby grant and convey with General Warranty of Title and English Covenants of Title unto the Grantee, in fee simple, tha following described property and appurtenances thereto f belonging: ` All of those two certain tracts or parcels of land, together with the improvements thereon and the appurtenances thereunto belonging, lying and being situate in Shawnee Magisterial District, Frederick County, Virginia, and more particularly described and designated as Lot 66 and Lot 67, Section Two, Mill Race Estates as shown on the plat attached to the Deed of Dedication of Mill Race Estates, Section Two, dated May 27, 1988, of record in the office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 681 at Page 814, et.seg.; and being a portion of the same land conveyed to John E. McAllister and Jane P. McAllister, his wife, by Deed dated May 27, 1988, from George W. Glaize, Jr. and Carolyn G. Glaize, his wife, which is of record in the aforesaid Clerk's Office in Deed Book 681 at Page 807. Reference is here made to the aforesaid instruments and the attachments and the references therein contained for a further and more particular description of the property hereby conveyed. The Grantors herein have appointed James L. Longerbeam as their Attorney -in -Fact pursuant to their Power of Attorney dated May 27, 1988, which is of record in the aforesaid Clerk's Office in Deed Book 682 at Page 1. The parties of the third part join in this Deed to release these two parcels of property from a certain Deed of Trust dated BK697PG400 ;May 27, 1988, and recorded in the aforesaid Clerk's Office in Deed I Book 681 at Page 810. This conveyance is made subject to all easements, rights of Tway and restrictions of record affecting the subject property, and (particularly those certain restrictive covenants set forth in the Deed of Dedication of Mill Race Estates, Section Two, dated May 27, i1988, of record in the aforesaid Clerk's Office in Deed Book 681 at Page 814, and which are by this reference made a part hereof as i if set out in full. Except as noted above, the Grantors covenant that they have the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and they will grant such further assurances of title as may be requisite. WITNESS the following si gatures and seals: ,s JOHN E. McALLISTER I (S EAL ) By: James L. ongerbeam Attorney -in -Pact /JANE McALiZSTE$ / L'-. ------ ,<- (S EAL ) By: James L. Longerbeam Attorney -in -Fact FARMERSZIIANTS NATIONAL BANK (SEAL) By: M. LA Boppe' ice President (SEAL) enjam n M. Butler, Sole Acting Trustee 2 1114MAM A. 1AWTl1A14 •rn�wwln s♦ 1.•. M.1 • r"'� f IM.4.\N A. IAN-MAN BK697PG401 STATE OF VIRGINIA CITY OF WINCHESTER, To Wit: I, a Notary Public in and for the State aforesaid, do hereby certify that James L. Longerbeam, Attorney -in -Fact for John E. McAllister and Jane P. McAllister, his wife, whose name is signed to the foregoing Deed dated the %� day Of , 1988, has personally appeared before me and acknowledged the same in my State aforesaid. Given under my hand this 46je day of 1986. My Commission Expires: Notary Public STATE OF VIRGIANIA 0-1WC -WINCHESTER, To Wit: 1, 09 . the St to aforesaid, do hereby certify a Notary Public in and for that M. Lee Boppe, Vice President of Farmers & Merchants National Bank, whose name is signed to the foregoing Deed dated the day of rl-411� , 1988, has personally appeared before me and acknowledged the same in my State aforesaid. Given under my hand this day of VOVLC1988. My Commission Expires: 1 /j 1 990 • 0'= otary Public r n' 3 ! BK697PGIt02 STATE OF VIRGINIA CITY OF WINCHESTER, To Wit: I, Co►�S�ahc.C. �. Nic.Ks a Notary Public in and for the State aforesaid, do hereby certify that Benjamin M. Butler, whose name is signed to the foregoing Deed dated the yth day of Nodc-► L-r- , 1988, has personally appeared before me and acknowledged the same in my State aforesaid. +h Given under my hand this day of 1988. My Commission Expires: "S e P f �- 9 9 U Notary Public VIRGINIA: FREDERICK COUNTY, SCT. This instrument of writing was produced tome0� e� day of �� `! , 19�. a and wi h certificate of acknowledgment thereto annexed was admitted to record. Tax imposed by Sec. 58.54.1 of $ 9U. vim; and 58-54 have been paid, It assessable. �� CLERK I 4 .t TH..NAM A. LOUT11AN i n.n •.s*.a vA 0 COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 February 7, 1989 TO: THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) RE: Application #030-88 of New Dominion Builders, Inc. FOR: An 11' west setback and a 15' north side yard variance for a dwelling. This property is located at Mill Race Estates, Lot 66, on the corner of Ginger Street and Mill Race Drive, in the Shawnee Magisterial District. i This variance request will be considered by the Frederick County Board of Zoning Appeals at their meeting of February 21, 1989, 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, C� Kris C. Tierney Deputy Director KCT/dkg 9 Court Square - P.O. Box 601 Winchester, Virginia - 22601 z4 , 0 0 This is to certify that the attached correspondence was mailed to the following on February 7, 1989 from the Department of Planning and Development, Frederick County, Virginia: NEW i3t3-1.1I\3I0tM St)TLDERSy 14ICo WINCHESTEV v VAS 22.6o:il � MCALL 1 STEf. s J 0H N E. -_ - - & JANC P RT * 1 BOX 198 i K is C. ie iey, DepuDirector Frederick CountyCDep't. of Planning STATE OF VIRGINIA COUNTY OF FREDE RICK I, _D%Ccb"Z. K. �ett��.�ic�� , a Notary Public in and for the state and county aforesaid, do hereby certify that Kris C. Tierney, Deputy Director, for the Department of Planning and Development, whose name is signed to the foregoing, dated F"% koy 7, 1 g 2 , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this day of q , 1989. My commission expires on NOTARY PUBLIC APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA. Variance Application No. Q-O Submittal Deadline is _ Application Date For the Meeting of Fee Paid �'` ��.�h/ 1. The applicant is the (owner) ✓ (other) (check one) 'r � 2. NAME: Nf-1VSA1( 0 OCCUPANT: (If o her than applicant) ADDRESS: NAME: N ADDRESS: _ TELEPHONE: 9Sps" TELEPHONE 3. The property is located at (please give exact directions) Gnu/ K ; _ 4. The property has a frontage of 1605 feet and a depth of l a,5 feet and consists of acres. (Please be exact) 91a¢ 5. The pr, ,per is owned by rd iNlmk�uti�lu/� �jUG, as evidenced by deed from 4eed book no. on page q-T , registry f the County of 04*-9'f 6. This property is designated as parcel no. on tax map no. ,5'�5 Cr in the S�w#i5R' Magisterial District. 7. Property Identification Number: ,55aAo-(ooa�0000- - vo�6,-o 00 8. The existing zoning of the property is: N9. The existing use of the property is: Sa. 10. The adjoining properties zoning is: Sarv�� 11. 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 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 yse�or development o� property immediate adjacent, thereto, J ;,ce The following are all of the individuals, firms, or corporations ,. owning property adjacent to both sides and rear and in front of .Y. (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) :l(Z'50 .1T.." 1 . N 115a� -rljG Address: 9G1.c ��Y !�/uco� rites 53 Property ID 5 Goo- 2 . Dow Wh �kS7. i -e Addre rlk - ?,-)Z*S - 9 Property ID#: 66 CG o o . ®o,Z)=Q 4®O -- 0 0 Address �� Property ID# a o0 - oat - 000 4. Address: Property ID#: 5. Address: Property ID#: 6. Address: Property ID#• 7. Address: Property ID#: g. Address: Property ID#: g, 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 requiredby 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: r!/Uu;f'G�-tS I(/6Date 0 0 Signature of OwnerZ,9� - U �� Dates 0 e 6.r l e s rns For Office Use Only BOARD OF ZONING APPEALS PUBLIC HEARING ACTION OF (date) Approval F-1 Denial CHAIRMAN: 11 C� MCALLISTERs JOHN E. C JANE P. RT. 1 BOX 198 STEPHENSONr VA. • 22656 MCALLISTERs JOHN E. E JANE P. RT. 1 BOX 198 STEPHENSON9 VA. . 22656 MCALLISTERs JOHN E. & JANE P. RT. 1 BOX 198 STEPHENSON# VA. 22656 MCALLISTERs JOHN . & JANE P. RT. 1 BOX 198 STEPHENSON9 VA. 22656