HomeMy WebLinkAbout06-89 Charles William Hamilton - Back Creek - BackfilefF
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COUNTY of FREDERICK
Department of Planning and Development
703/665-5650
FAX 703/667-0370
9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601
VARIANCE #006-89
Charles William Hamilton
LOCATION - On Route 628, south of Winchester
MAGISTERIAL DISTRICT - Back Creek
TAX MAP AND PARCEL NUMBER - Tax Map 73, Parcel #34
LAND USE AND ZONING - Residential land use zoned A-2
(Agricultural General)
ADJACENT LAND USE AND ZONING - Residential land use zoned A-2
(Agricultural General)
PROPOSED USE AND IMPROVEMENTS - An attached two -car garage
VARIANCE - A 10' side yard variance
REASON FOR VARIANCE - The property is too narrow in regards to
the house and garage.
BACKGROUND INFORMATION - A variance is required to construct the
house as pictured in the attached sketch.
STAFF COMMENT - There is ample room on the lot to construct the
proposed house and garage if the house were oriented such that
what is now proposed as the front and rear yards were used as the
side yards.
APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
Variance Application No. 661n-S Submittal Deadline is
Application Date For the Meeting of 1}ter. Iq�
Fee Paid 45,oO
l
1. The applicant isthe(owner) (other) ✓ ,. (check one)
2. NAME :C hAq_,r\ JJenOCCUPANT: (If other than applicant)
ADDRESS: IlJ 6ijTTLETD,,�,N bC-;Je NAME: Itr-IeS + CeA;nA _d,9m:#011
�effyu�ll� 11�-• ADDRESS: �Zt4 Sox 44ZG cheS}21 a.
TELEPHON : q-S5•1gyy TELEPHONE: g(n -a:yoi(o
3. The property is located at (please give exact directions)
SO rsm_ _ _,nC J er -4 c) Sty �r�V2l�0.y —
O^ 1ef� S�Ide" So��h o� eie, Jrc �
4. The property has a frontage of 57' feet and a depth of Ian
feet and consists of (fl.871 acres. (Please be exact)
5. The property is owned by C�,P.�\es i.� �.Ce1,nR I�IAm;`�onas evidenced by
deed from recorded in deed book no.,;;
on page _, registry of the County of Too-r-K K
6. This property is designated as parcel no. 3q on tax map no.
7_in the Magisterial District.
7. Property Identification Number: 9 -tqw dOC)C� C7C)OC7 •GY�34•�i
8. The existing zoning of the property is:
9. The existing use of the property is:
10. The adjoining properties zoning is: A -2
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.)
F I 2 UHF 10.nC 2 pi' r� GC Q
C P+ G 01It
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
— uue- tZe.S99C*k'OIl14 Re4 ue5t -1-he i-AB002 �ll}r'io,r\c2
+he. ' e xr.P61,�AA-I AA- rro cO ne
(1 b
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.
ChA�IQs t eel;mA
44 A rn;Il 0
Address:
+V
o,c
G � MC�*S�*r vat
Propert ID#:
0000 0066 00q O
2.
WAYnAo i S%JSA(\
vukr�G
Address:
12.4,1L Uker W%e. tA> es+or
(k .
Propert : OO
,•C
3.
Address:
Pro ertOy ID# 0 00 Q
•�
4 A`V�� ��y1�e�IG
ddle.
Ad ess:1.
��
�G ttt
Property ID4: 6000 woo p 4
a
5.
C��t� S fS��►�o�l•
Addres
ox y43A
• •Vam
Propert ID# : O OO QO ooss
0
6.
d
Add ess+ Z . la yi
Property ID#
000
4a /► C
1202,90
7.
DVANIL t'ao�n:e
ress:
Ad11-4S6 442 R
W;ftc •rAi 00.
Property ID :
000 0 0 00000OCKD, 0 0 3 A
8.
Address:
Property ID#:
9.
Address:
Property ID#:
10.
Address:
Property ID#:
15. Additional comments, if any (& ljgue Cotlf4r-te1J //�¢�y /� ;c� 4,
1'4,0 nw \S Aa\n, n. nG Jl03Qr4u A (\c\ IIQrbN\kQ A.—,r2eA 4-1
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: �/�,�"Q�/ Date
For Office Use Only �/ G
BOARD OF ZONING APPEALS PUBLIC HEARING ACTION OF (date)�� r o
Approval Denial CHAIRMAN:
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
T
(p
t
G
m
�Add
tion
_
i,♦—►
N
a
o
o
Property Line
_ _ - _ _ _ _ _ _ Center of
--------- -Rood
Rood
— - - - - --
SHOW
THESE MEASUREMENTS
Jof, � ����e r l
\)b' � n�5
j�} c) \ `�
�- -OPW=6
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6K627PG294 ��,
THIS DEED made and dated this 0 day of
1986, by and between Thomas L. Conrad and Barbara A. Conrad, his
wife, parties of the first part, and Charles A. Hamilton and E.
Celina Hamilton, his wife, parties of the second part.
WITNESSETH: That for and in consideration of the sum
of Ten Dollars ($10.00) and other good and valuable considera-
tion, the receipt of all of which is hereby acknowledged, the
parties of the first part do hereby grant, bargain, sell and
convey with reneral warranty of title, unto the parties of the
second part, jointly, as tenants by the entireties, with common
law right of survivorship, it being intended that the part of
the one dying should then belong to the other, his or her heirs
or assigns, the following described property and appurtenances
thereunto belonging:
All of that certain tract or parcel of
land, together with the improvements thereon
and the appurtenances thereunto belonging,
containing 6.872 acres just east of Virginia
Route 628 in Back Creek Magisterial District,
Frederick County, Virginia, being more
particularly described as Tract 2A on that
certain plat and survey of the Conrad Tracts
(Revised) prepared by L. Allen Ebert, L.S.,
dated July 21, 1986, attached hereto and by
reference made a part hereof, and being a
portion of the same property acquired by the
parties of the first part by deed from James
R. Cromwell, divorced, dated July 27, 1976
and recorded in the Office of the Clerk of
the Circuit Court of Frederick County,
Virginia, in Deed Book 461 at Page 687,
together with a sixty (60) foot wide right4'
of way over a portion of Tracts IA and 4A of
the Conrad Tracts (Revised) for ingress and
egress to Tract 2A from Virginia Route 628
as shown on the attached plat. The parties
of the second part hereby join in the
execution of this instrument to evidence
their agreement to share with the owners of
Tracts IA, 3 and 4A of the Conrad Tracts the
cost of maintaining said right of way. Said
obligation to share in the cost of main-
taining the road shall be a covenant real
running with the land and enforceable by the
owners of the lots shown on the attached
plat.
BKUZ(rvczyi
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.
This conveyance is made subject to all duly recorded
and enforceable restrictions, easements and rights of way.
The parties of the first part covenant that they have a
right to convey said property to the parties of the second part;
that they have done no act to encumber said property; that they
will execute such further assurances -.,f title to said property
as may be requisite; that they are seized in fee simple of the
property conveyed; and that the parties of the second part shall
have quiet possession of said property free from all encum-
brances.
WITNESS the following signatures and seals:
✓ (SEAL)
Thomas! L. Co "ad
/U /" "" : ` �� SEAL )
Barbara A. Conrad -
(SEAL)
Charles A. Hamilton
(SEAL)
E. Celina Hamilton
STATE OF VIRGINIA 0J_ A11e_/
OF Z"I �.:-�� To -wit.
The foregoing instrument was acknowledged before me by
Thomas L. Conrad and Barbara A. Conrad, his wife.
Given under my hand this ' i�
L day of 7-w 1986.
My Commission expires
Notary Public
-2-
•
•
eK627PG296
STATE �1OF V I RG I N�I,1A a,,6 -7-4-1
OF �/�-�c-%e.�-'To-wit
The foregoing instrument was acknowledged before me by
Charles A. Hamilton and E. Celina Hamilton, his wife.
Given under my hand this //q//-'day of 1986.
My Commission expires . Q� 019 ��u'%
Notary Public
COUNTY of FREDERICK
Departments of Planning and Building
703/665-5650
April. 4, 1989
TO: THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s)
RE: Application #006-89 of Charles Hamilton
FOR: A ten foot side yard variance for an attached garage. This property is
located on Route 628, south of Winchester, in the Back Creek Magisterial
District.
This variance request will be considered by the Frederick County Board of
Zoning Appeals at their meeting of April 18, 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,
Kris C. Tierney
Deputy Director
KCT/dkg
9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601
}
This is to certify that9e attached correspondence was mailed to the following on
April 4, 1989 from the Department of Planning and Development, Frederick County,
Virginia:
HAMILTON# CHARLES A-
WINCHESTER t VA.
22601
KARCHEe WAYNE
& SUSAN A. �
1249 BAKER LANE
WINCHESTERt VA.
2?601
RICHARDi MAI?Y ALICE
RTs 1 BOX 10r^4
MIDDLETOWN,? N,? VA.
22645
WEDDLE v ALV T�1 A , & LYNETTE
RT4 4 BOX 422-A
W1 NCHES TER
22601
BOYD;. -r �HARLES R1:.3.SS
I,a SHARON LEE
R 9 4 BOX 443-.A
WINCHE STER,p VA.
22601
STATE OF VIRGINIA
COUNTY OF FREDERICK
C° diavles W_ Hctwdh"'t
P atfle --,) w K -Z) h /
I� L Y ry V f ttZ VA- ZZtO 1
IRID�ITIGS.i RUBY
,R.Ta 2 BOX - 247
STEPHENS CITY, VA.
i
CAT�LlET�fTt DUANE t
RTa 4 BOX 442-A
WINCHESTER? VA.
Kris C. Ti.e> , Dep`
,�� rector
Frederick C unity Dept: of Planning
I, -2)iau-e- K. Cai-Lill , 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
22655
i
2260.1
foregoing, dated ,A Y;l 1919y ,'has personally appeared before me and
acknowledged the same in my state and county foresaid.
Given under my hand this .//j day of /-f-r�h/� _, 1989.
My commission expires on'�
NOTARY PUBLIC
HAMILTONt CHARLES A*
& E*o CELINA
RT, 4 BOX 442—C
WINCHESTER,, VA,.
22601
HAMILTONt CHARLES A.*
& Ea CELINA
oi
RT* 4 BOX 442--C
WINCHESTER, VA.
22601 q
��eftyuillPyd• ADDRESS• 12t'4 Sox 442�
TELEPHON$ : q�s:l yy TELEPHONE:___ 'F f c( -a961co
-4�
;s3. The property is located at (please give exact directions)
4. The property has a frontage of . S7 feet and a depth of 1 a J q
feet and consists of . m acres. (Please be exact)
5. The property is owned by ��\QS f4,-' Ce. ,nR I�I Am;� e\ as evidenced by
deed from recorded in deed book no.
on page d �l , registry of the County of 4-�
6. This property is designated as parcel no. on tax map no.
73 in the €"r�r14 'r(-ern Ir Magisterial District.
E
7. Property Identification Number:
8. The existing zoning of the property is: ,
9. The existing use -of the
property is: ReSAeA�;��
10. The adjoining properties zoning is: -2
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.)
10 Frw�i 2 Vie V� f 1(k C 2 Of,
r P+' G q rage
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
Ne e pc� f`�I Ues'� 2LB00e
�e e e ce n r o w less o h� gou�
Q(`o er 1 Arid �h� I P. r.r}h 0-� C;ArR-,e. .
15.
14. The following are all of the individuals, firms, or corporations
owning property adjacent to both sides and rear and in front of
%M (across street from) the property for which the variance is
sought. (Use additional pages if necessar being
notified by mail of this application: y)' These people will be
(Please list complete 21_ digit number)
NAME
Additional comments, if any ulf: �f}ue n�nfAc
1\d werbRl
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 Bo
Zoning Appeals or a representative of the County to go upon the and of
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 Applicants
D ate /,S'
Siqnature of nw ,,= . / f'. // . / / 1'2
10
RUN DATE: 03/29/89
FREDERICK COUNTY, VIRGINIA
PLANNING E DEVFLOPMENT LABEL LIST
PAGE 2
MAP ' +?.
NA14E/
PROPERTY
LAND
IMPROV.
/ADDRESS
---------
DESCRIPTION
ACREAGE
ZONE
U/C
VALUE
VALUE
7300O.-A00-0090-00GO-0034-0
HAMILTONa_- _CHARLES A.
MIDDLE
-----------
ROAD
-------
6.87
----
A2
---
RS
-----
199700
-------
689700
•
--- -- -- --
S E. C E L I N.A
--- - ---- ----
RT. 4 BOX 442—C
-----.----.-_
W .I N C H E S T E R t VA*
22601
73000—A00-0000-0000-00.34-0
HAMILTONv CHARLE_S A.
MIDDLE
ROAD
6.87
A2
RS
199700
68,700
& E. CELINA
•
RT. 4 B3X 442—C
WINCHESTERt VA.
22601
73000—AOO-0000-0000-0034—C
KARCHEt WAYNE
MIDDLE
ROAD
6.26
A2
AG
16t500
159000
_ -
C SUSAN A.
- _
-1249 MAKER LANE
.
----
NINCHESTERt VA.
22601
73000-400-0000-0000-0035-0
RICHARD, MARY ALICE
MIDDLE
ROAD
64.16
A2
AG
105t700
629400
RT. 1 BOX 1054
MIDDLETOWNt VA.
22645
•
73000-A00-0000-0010-9034-j
WFODLE, ALVIN A. & LYNETTE
MIDDLE
ROAD
5.00
A2
RS
169000
65t000
RT. 44 BOX 422-A
NI-NCH-E.STERt VA.
22501
730OG-A00-0'?00-0000-n039-O
P-"YDt CHARLES ROSS
MIDDLE
ROAD
3.3.3
A2
RS
12t700
62t700
SHARON LEE
--__.R_T,
4 r3nX 443-A
-
---WI-NCHESTER t VA.
z2s50 1
•
73000—A00-0000-0000-0029-0
RIDINGSt RUBY
HITE ROAD
50.00
A.2
AG
569000
42t700
RT. ? BOX 247
STEPHENS CITY, VA.
----
22655
730O0-A00-000C-00�0-0034-A
CATLETTtfit _DUANE .
MIDDLE
ROAD
3.41
A2
RS
12t800
1059500
& BONNIE M.
.
RT. 4 BnX 442-A
WINCHFSTEPI VA.
22601