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HomeMy WebLinkAbout01-89 Raymond C Zachgo - Shawnee - Backfile• March 15, 1989 COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 9 Court Square - P.O. Box 601 Winchester, Virginia 22601 VARIANCE #001-89 Raymond C. Zachgo LOCATION - On the corner of Dodge Avenue and Route 716 MAGISTERIAL DISTRICT - Shawnee TAX MAP & PARCEL NUMBER - Tax Map 54F, Parcel 1 LAND USE AND ZONING - Commercial land use, and B-2 (Business General) zoning ADJACENT LAND USE AND ZONING - Commercial and residential land uses, and B-2 (Business General) zoning PROPOSED USE AND IMPROVEMENTS - To install a canopy over an existing sidewalk VARIANCE - A 22' west side yard variance and 11.4' north side yard variance REASON FOR VARIANCE - Size of parcel BACKGROUND INFORMATION - Existing lawnmower repair business wants to add a canopy over an existing sidewalk STAFF COMMENT - Variance is required for installation as it will extend into the required 35' setback from the edge of Route 716. The existing structure is nonconforming as it already sits within 35' setback. '0 • APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA Variance Application No. 00/- $q Submittal Deadline is Application Date 3 1 Sy For the Meeting of Fee Paid 1. The applicant is the (owner)_ (other) (check one) 2. NAME: OCCUPANT: (If other than applicant) ADDRESS• i�• p- NAME: _ ADDRESS: T 'L PHONE: a2� TELEPHONE :_ 3. The property i�; located at. (please give exact directions) El 4. The property has a frontage of �. feet and a depth of24 feet and consists of acres. (Please be exact) 5. The property is owned by I & k=• evidenced by deed fromrecorded in de d ok no. �3a� on page registry ofF the County of `C 6. This roperty is designated as parcel no. i on tax map no. in the - Magisterial District. �/ia4.0Ak� V7. Property Identification Number:Jk —�jp�p •��p��•-A(,� 7 8. The existing zoning of the property is: ,O -, 9. The existing use of the property is:U1d/ 10. The adjoining properties zoning is: /7 — ,' r 1 1. The adjoining properties land use is: L-"-nc.,,�i 12. Describe the variance sought in terms of distance and type. (For example - A 3' rear yard variance for an attached two car garage.) VA-0 �f/�ST' 6 Tyr �%� �i "c "f /e� L�i�4/!/ A/Ci� FF_ /� / 7/E West st, 5C"Ja 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 situation or condition of such piece of property, or - the use or development of property immediately adjacent thereto Page Two is �- 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. n Address. Ile" Property I #: 2 �iH�1 601 Address: Property D#: 3Vj� V/T• �l� ►dill d ress: NProp6rty ID# 4. Address: 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: Date — �- Signature of Owner: For Office Use Only Date BOARD OF ZONING APPEALS PUBLIC HEARING ACTION OF (date) Approval Denial CHAIRMAN: P4"G-r AVc, I ,,re IN 11 tN,Xl Ou I L DIN PL Ap PL OT r • 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 Lv v T fD t r �Addi i4"—♦ tion 2 o Property Line ___-Center of Rood — — ----- Rood SHOW THESE MEASUREMENTS A 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 #001-89 of Raymond C. Zachgo FOR: A 22' west side yard variance and 11.4' north side yard variance for a canopy. This property is located on the corner of Dodge Avenue and Route 716 in the Shawnee Magisterial District. 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 int'erested parties having questions or wishing to speak may attend this meeting. Sincerely, Kris C. Tierney Deputy Director KCT/dkg 9 Court Square - P.O. Box 601 Winchester, Virginia - 22601 t. 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: 1PIILDI�ED E, R,'f, f�'0;� 92 ddffly 22601 i Ft iNtL RED E-In ' I . ;� 11413 �i 13czrrrvilte- Av�p-- 2; 601 i P,, (), BOX 2247 I r'XiNt. fJES7 EtJ'� VA;; 2..2a0). I �J lb31 V'ia_ —DQyi. �i 11 ciltSpOY f4"ii6c+ r 1 CC ti��v�cl2es r�r \Vk Z2loo l Kris C. Tr4rrr6y, Depu-t:7�11 rector Frederick County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK I, k, Ge",t' 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-V 7, % 7 9 % , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this k, day of f'e6'--uecl- y , 1989. My commission expires on ,-{C-P't4 e- Q3 NOTARY PUBLIC • 553 ti #339 DELMAR A. BAYLISS, ET UX TO: .. DEED OF ASSUMPTION • 4383B c RAYMOND C. ZACHGO, ET UX 1-27-81 • 900� 5:32 ra(•[ 553 THIS DEED OF ASSUMPTION made and dated this 27th'day of January, 1981, by and between DELMAR A. BAY LISS and PiARIE I. BAYLISS, his wife, parties of the first part, hereinafter called i I the Grantors, and RAYMOND C: ZACHGO and MILDRED E. SACHGO, his wife, parties of the second part, hereinafter called the Grantees. WITNESSETHI That for and in consideration of the sum of Ten ($10.00) Dollars, cash in hand Paid, and other good and valuable consideration, the receipt.of which is hereby acknowl- edged, the Grantors do hereby grant and convey with general i i warranty of title unto the Grantees, in fee simple, as tenants by the entirety With common law right� of s.urvivorshi P, all of those � two certain lots or parcels of land, together with the improvemen s i thereon and the appurtenances thereunto belonging, lying and.bein 1 situate in Shawnee Magisterial District, Frederick County, Virgin a just East of the City of Winchester, Virginia: TRACT A containing. , ~^. g 9,772 Square Feet, and TRACT B containing 12,974 Square Feet, and ! more particularly described by plat of survey drawn by; Lee A. Ebert, C. L. S., dated.June 13, 1979, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia i.n Deed Book 511 at Page 561 and by this reference made a part hereo as if set out in full; and being the same property conveyed to Delmar A. Bayliss y s by deed'dated July 16, 1979, from E. F. Smith, et ux, of record in the aforesaid Clerk's Office in Deed Book 511 3 at Page 559. Reference is made to the aforesaid plat and deed for a more particular description'of the property herein conveyed. This conveyance is made and accepted subject to an indebtedness secured -by a deed of trust on said property, dated August 1, 1979, of record in the aforesaid Clerk's -office in Deed Book 511 at Page 563, given to secure E. F. Smith, and on which there is an unpaid balance princi.pal of $49,314.65, with interest +i _.ICI{RS AND BUTLECH nno"""rw ATLAW at the rate of VA. soot per annum, which said deed of trust the 1 I:"""`A"`"°""""r Grantees hereby assume and a i gree to 'pay as part of the purchase 554 • • 0 0 j� >ICKEE AND DVTLU11 ATTG&KKV* AT LAW WDlces8Tsn. VA. 22GOI { 1 1 11 SOUTH CAMAN.N •T... I i� 1 ' t i boos 532 mi 554 price of the above described property, and the Grantees hereby execute and acknowledge this instrument for the purpose of complying with the provisions of the sa+d deed of trust. This conveyance iV also made subject to all easements, rights of way and restrictions of record affecting said property. Except as noted above, the Grantors covenant that they have the right to convey to the Grantees; that the Grantees 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 signatures.and seals: (SEAL) 1 Z r7.�' (SEAL) MARIE I. BAYLISS ^� :�11 ✓ (SEAL) MOND C. ZA HGO,' (SEAL) ILDRED E. Z CHGO'-- STATE OF VIRGINIA, �C?{ 0i OF �-��l_k0IMP, , TO -WIT: I, a Notary Public in and: for the State and / aforesaid, do hereby certify that DELMAR A. BAYLISS and MARIE I. BAYLISS, his wife, whose names are signed to the foregoing Deed of Assumption, dated January 27, 1981, have personally appeared before me and acknowledged the same in my State and �n( aforesaid. Given under my hand this day of it1�jl 1981. My Commission expires 1 It OTARY UBLIC �I -2- J 54FOO—A100—0000-0000-0001—G 7ACHGOs RAYMOND Co 14.13 t3E+Ri`n'YVILLE PK. .22 RP RS 109000 539600 F. MILORFO z� •: RT. 7 BOX 92 WINCHESTERt VA. ?2601 • 54FOO-An0-0non-nO00-0017-0 ZACHG-0t RAYA-041) C. & MILDRED E. RT. 7 aoX 92 • WINCHC:STERt VA. 22601 54F00—A00-0000-0000-0002-0 F-MMAtTr W. Ho F. Si:)Nv INC. \JP. 0..- _. BCLX---224 7 W.INCHC:STERt VA. 226U1 3. V. PIKE 4. V. PIKE: .30 RP PS 69000 19v700 .15 81 AG 11500 11,400 • APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA Variance Application No. 60/—'gy Submittal Deadline is — AppTication Date ///3 / E) For the Meeting of Fee Paid 1. The applicant is the (owner)_ (other) (check one) 2 NAME: ,o �. OCCUPANT: If other than applicant) L ` ( PP ADD ESS it NAME fN �VTADDRESS. L PHONE: 6�-]L- TELEPHONE: _- 3 The property oca ed at (please give exact directions) J, ' 4. The property has a frontage feet depth of of and a 35 }-�-- feet and consists of acres. (Please be exact) 5. The property is owned by �sr, ®iy�i gj �e=Gy evidenced by deed from recorded in deed ook no. - e53a on -page _, registry of the County of 6. This property is designated as parcel no. on tax map no. in'the Aa.wk Magisterial District. Q V/7. Property Identification Number: .� CjO " %>>e)o 92 LOCO 8. The existing zoning of the property is: S_-� 9. The existing use of the property is:�' /i�iF �Af2 -- - 10. The adjoining -properties zoning is: - /7 — 11. The adjoining properties land use is: 12. Describe the variance sought.in terms of distance. and type. (For 13. List specific reasons) why the variance is being sought in terms of: �{ exceptional narrowness, shallowness, size, or shape ofa 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- Page Two Variance d' r 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) MAMR 1. 7 Address- Ael VW Property I #: 2. Address: D C/a. Property D#: O WCQ020" 3V141 //� d r e s s : $, Prop rty ID# Sx�. 4. Address: 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 respect -fully 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: 49 Date Signature of Owner: For Office Use Only BOARD OF ZONING APPEALS PUBLIC HEARING ACTION OF (date) DApproval Denial CHAIRMAN: Date 3 3 u CAS s A CLERK'S OFFICE CUIT COURT, FREDERICK COUNTY, VA. ' 6...".--s�.'..--- l qss.. ....... ............. 1 DATE OF DEED / V- a_ W U W Q U IL 0 DOLLARS .................... � .. .. �C`, I*VT? 51057 1 \ DEED NO. GEORGE B. WHITACRE CLERK O ECORDATION OF THE FOLLOWING ACCOUNT AMOUNT FROM 099 STATE TAX TO 213 COUNTY TAX GRANT ADDRESS %T 212 TRANSFER t- DESCRIPT rt 901 RECORDING �� 518 PLATS osa STATE sa 54 i X c) VALUE OF INTEREST CONSIDERATION i - 1 SOLD §58-54.1 i 220 LOCAL TAX 1 `.�_ C� 229 LOCALTAX TIME OF / D OE — RECORDATION P. M. CONVEYANC (J v U DEPUTY CLERK II t r-: rl+i y X�