HomeMy WebLinkAbout14-89 Robert E Shoemaker - Stonewall - BackfileCOUNTY of FREDERICK
P.O. Box 601 - 9 Court Square
Winchester, Virginia 22601
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COUNTY of FREDERICK
Department of Planning and Development
703/665-5650
FAX 703/667-0370
VARIANCE #014-89
Robert E. Shoemaker
LOCATION - O'Brian Circle, Shenandoah Hills
MAGISTERIAL DISTRICT - Stonewall
TAX MAP & PARCEL NUMBER - Tax Map 55F, Parcel 162
LAND USE & ZONING - RP (Residential Performance) zoning; and residential land use
ADJOINING LAND USE AND ZONING - RP (Residential Performance) zoning; and
residential land use
PROPOSED USE AND IMPROVEMENTS - Existing dwelling
VARIANCE - 16" side yard
APPLICANT'S REASON FOR VARIANCE - The house is too close to side property line.
BACKGROUND INFORMATION - The RP zone requires a 10' side setback for residences.
STAFF COMMENT - The front corner of the dwelling is 8'8" from the side property
line while the rear corner is 9'7" from the line. A variance is required to
prevent a violation of setback requirements.
APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
Variance Application No. O VJ-69 Submittal Deadline is
Application Date 515Z&JKq For the Meeting of
Fee Paid ,5:dV,, —i—
1. The applicant is the (owner) / (other) (check one)
2. NAME:01 �- Z", S66e)m0J OCCUPANT: (If other than applicant)
ADDRESS: (_q a NAME: VW4 Gorbe*-
ADDRESS : /Lf-}. F6JJs t- _, CL✓r� U
TELEPHONE: TELEPHONE: �J;ncyj
3. The property is located at please give exact directions)
k�f�� 7"«S t-- (� . �r h ken . �p Ie_k. cordAV10 j
4. The property has a frontage of feet and a depth of
feet and consists of acres. (Please be exact)
5. The property is owned by �c) fief + cj Sk d(,(Yictf�CL. as . evidenced by
deed from DC��Q. (l IN'�Ilc% TpvC• recorded in deed bo k no. (n`� CD
on page f�, registry of the County of �� .
6. This property is designated as parcel no. on tax map no.
in the Magisterial District. ,
7. Property Identification Number: SS
Fob m�� L 4000 Cy
8. The existing zoning of the property is: Vn
z__A_���L)
9. The existing use of the property is: �it
10. The adjoining properties zoning is:
iI i
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.)
5i& UOrd
., ._
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
'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 .
L'
r
Address :
bb40c�
Property ID#•
2. � �` �
Address: �.cf Da(boi VOlI
Property ID#:
-a
3.
Fp
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1q
Address:
a�,
Property ID#
S 'SJ- no 0()1•-C «apo3 o . <[•C)
4.
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Address:
'),kQJIh `� aaC
Property ID#:
J��() -�)n i -. Coca
5 ��- I •�
Addre ; c� bj(
Property IDD# •
6.
I P
Iy
Address: i
.5 oB `G c- L o GQ o oc . Uel. aa�o
Property ID# :
7.
Address:
Property ID#:
8.
Address:
Property ID#:
9.
Address:
Property ID#:
10.
Address:
Property ID#:
15. Additional comments, if any
7�ic-)(Vb
&10-9-1
aa� 3c)
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.
-)A<0� 1.
Signature of Applicant: RO-P19-J,
Signature of Owner:
Date
For Office Use Only ry
BOARD OF ZONING APPEALS PUBLIC HEARING ACTION OF (date)
Approval Denial CHAIRMAN:
f ..
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
m
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r"
n
tAddi
tion
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o
10
Propertv Line
l I
______Center of
Rood------"
Rood
SHOW
THESE MEASUREMENTS
fi ) C Ir Yuc_ py z)(p2.Y Ili
Pro Prd e,r*
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Y�� f COV
COUNTY of FREDERICK
W , Department of Planning and Development
A 703/665-5650
FAX 703/667-0370
June 6, 1989
TO: THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s)
RE: Application #014-89 of Robert E. Shoemaker
FOR: A 16" side yard variance for a dwelling. This property is located on
O'Brian Circle in Shenandoah Hills in the Stonewall Magisterial District.
This variance request will be considered by the Frederick County Board of
Zoning Appeals at their meeting of June 20, 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 that t0attached correspondence was mao to the following on
June 6, 1989 from the Department of Planning and Development, Frederick County,
Virginia:
SHOEMAKERS ' ROBERT E.' ab�rxkp-Invc�v��er
C/O DOUBLE'E INSULATORS
f P 'O* ' BOX' 3566 V60 ®?✓-)-- P3-
WINCHESTERY'VA. �_JJ
22601 W1 v,c.k.eSI-YVA 2-260
Y YOUNG, EDWARD : M. Ao-vvkw-S'AA(LVL c0.�LLW'L c�-�.
'/, P O- BOX 2615
i WI NCHESTER i VA.. 10 3to 43Y�"X`ov�- Cow't
22601
FIRST SERVICE CORP.
�S`ery
,OF FRONT ROYAL �'ce ���.
i 4`W ' MAIN STREET ` / �Sout�i �o�ell ve,
FRONT'REiYALsVA. _ 22630_- ;
VA zzuso
✓!WHITEWOLFE ENTERPRISES':INC.
RT 2 BOX'4720
8ERRYVILLEI"VA.
226;11
BELL#�FRANKIE E. ,/
6 `VIRGINIA "AVENUE �Clal�i� E-. 501
BERRYVILLE, ' VA.
22611•
t0 ark.es&r- \/A 2�lnof
---
%�-l. F«11s j2 .,'I'SaX -5,6 UU
1r(itn�tiester VA,- 22601
is C .,,�xepCiey', Depu erector
ed ick/tounty,4YeRt.of Planning
STATE OF VIRGINIA
COUNTY OF FREDERICK
I, aPl 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 c��,.� %-' f '3? , has personally appeared before me and
acknowledged the same in my state and county foresaid.
Given under my hand this ((o-14 day of .«Z� , 1989.
My commission expires on H97
55F00-001-0000-0003-0162-0
SHOEMAKERI ROBERT E.
SHENANDOAH
HILLS
L162
S3
RP
RS
149000
68000
C/O DOUBLE E INSULATORS
P.O.._ BOX 3566
55F00-001-0000-0003-0171-0
WINCHESTER• VA.
22601
YOUNGP EDWARD M.
SHENANDOAH
HILLS
L171
S3
RP
AG
129000
P.O. BOX 2615
WINCHESTERt VA.
55F00-001-0000-0003-0161-0
SHOEMAKER♦ ROBERT E.
22601
SGANDOAH
OLLS
L161
S3
RP
RS
14#000
799100
C/O DOUBLE E INSULATORS
P.O. BOX 3566
WINCHETSER• VA.
22601
55F00-001-0000-0003-0144-0
FIRST SERVICE CORP.
SHENANDOAH
HILLS
L144
S3
RP
AG
12#000
OF FRONT ROYAL
4 W. MAIN STREET
FRONT ROYALt VA.
22630
55F00-001-0000-0003-0172-0
FIRST SERVICE CORP.
SHENANDOAH
HILLS
L172
S3
RP
AG
129000
OF FRONT ROYAL
4 W. MAIN STREET
FRONT ROYAL# VA.
i
55F00-001-0000-0003-0163-0
22630
WHITEWOLFE ENTERPRISES,
INC.
SHENANDOAH
HILLS
L163
S3
RS
AG
149000
549900
RT. 2 BOX 4720
BERRYVILLE, VA.
•
•
•
22611
55F00-001-0000-0003-0145-0
BELL• FRANKIE E.
SHENANDOAH
HILLS
L145
S3
RP
AG
149000
50P200
6 VIRGINIA AVENUE
BERRYVILLE♦ VA.
7 '1L 1 1
fmcl
95(55)
07-26-88
IQ
U)
R • • •
THIS DEED made and dated this 28th day of July, 1988, by
and between RICHARD MARK GARBER and SUZANNE Z. GARBER, his
wife, and THOMAS G. GARBER and JANEEN S. GARBER, his wife,
parties of the first part, hereinafter called the Grantors,
and ROBERT E. SHOEMAKER, homme sole, party of the second part,
hereinafter called the Grantee.
WITNESSETH: 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
acknowledged, the Grantors do hereby grant and convey in fee
simple absolute, with general warranty of title unto the
Grantee, as homme sole, to be his equitable separate estate,
the dower interest or right of his present or any future wife
being hereby expressly excluded by this instrument as provided
in Section 64.1-19.1, Code of Virginia, 1950, as amended, all
of those certain lots or parcels of land, together with all
rights, rights of way, privileges and appurtenances thereunto
belonging, located in Stonewall Magisterial District,
Frederick County, Virginia, described as Lots 161 and 162 on a
plat of Shenandoah Hills Subdivision, Section 3, dated
July 10, 1987, revised August 19, 1987, which plat along with
the Deed of Dedication and Restriction is of record in the
Clerk's Office of the Circuit Court of Frederick County,
Virginia in Deed Book 670 at Page 122; and being the same
property conveyed to the Grantors herein by deed dated April
28, 1988, from James R. Wilkins, Inc., a Virginia Corporation,
which deed is of record in the aforesaid Clerk's Office in
Deed Book 679 at Page 39. Reference is made to the aforesaid
deeds and plat for a more particular description of the
Of A
property herein conveyed.
This conveyance is made subject to all easements, rights
of way and restrictions of record affecting the subject
property.
The property hereinabove described is to be held and
owned by the Grantee in his own right, as his sole separate
equitable estate, as if he were an unmarried man, for his sole
and separate use and benefit, free from the control and
marital rights of any present or any future wife, the right of
dower of his present or of any future wife in and to the
aforesaid property being hereby expressly excluded, with full
and complete power in the said Grantee to sell, convey,
encumber by deed of trust, or otherwise dispose of said
property during his lifetime without the necessity of any
present or of any future wife uniting in such deed, deed of
trust, or other instrument, and with full and complete power
in and to the said Grantee, to devise or otherwise dispose of
the said property by his Last Will and Testament.
The Grantors hereby 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 signatures and seals:
L "'EAL )
RICHARD MARK GARBER
(SEAL)
SUZANNE Z . ,GARBER
- 2 -
STATE OF VIRGINIA,
CITY OF
(SEAL)
/i'HOMAS G . GARBER
JANEEN S . GAg2BER
WINCHESTER , TO -WIT:
(SEAL)
I, M. F. McLaughlin , a Notary Public in and
for the State and jurisdiction aforesaid, do hereby certify
that RICHARD MARK GARBER and SUZANNE Z. GARBER whose names are
signed to the foregoing Deed, dated the 28th day of July,
1988, have personally appeared before me and acknowledged the
..,same in my State and jurisdiction aforesaid.
Given under my hand this 28 day of July 1988•
My Commission expires August 4, 1989
TARY PUBL C
STATE OF VIRGINIA,
CITY OF WINCHESTER , TO -WIT:
I, M. F. McLaughlin , a Notary Public in and
for the State and jurisdiction aforesaid, do hereby certify
that THOMAS G. GARBER and JANEEN S. GARBER whose names are
signed to the foregoing Deed, dated the 28th day of July,
1988, have personally appeared before me and acknowledged the
same in my State and jurisdiction aforesaid.
Given under my hand this 28 day of July , 1988.
�• My Commission expires gust 4, 1989
�;,._;ai� A:f�:_�J�`":Il.{tC+9U,JT1', SCT.
Tnis instrument�f iting was produced to me or]RMARY PUBLIC
`U� coy , 19� , a►� 2U 12-,
and w.i h c:,rt:iicate Of ack owledgrnient thereto aAnaed
was aanni-tted io record. Tax imposed by Sec. 53-54.1 of
o�
$, and 53-54 have been paid, if assessable.
CLERK
7
PLANNING/
COUNTY OF FREDERICK
°tr
9 COURT SQUARE wp„
P. 0. Box 601 ^,
WINCHESTER, VIRGINIA 22601 OfilM
NO-1- %.S A-)D:iESSfi
NO FORIWAR.0'iIG ORDEER ON FILE
t
Frankie E. Bell
555 O'Brian Circle
Winchester, VA 22601
U S POSIAGE I;
sJUN 6'89�i,4 _
0 .2 5 I.
V A P eF�E- ; '
COUNTY of FREDERICK
Department of Planning and Development
703/665-5650
FAX 703/667-0370
June 6, 1989
TO: THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s)
RE: Application #014-89 of Robert E. Shoemaker
s 7JU L 7 I9�9
1
FOR: A 16" side yard variance for a dwelling. This property is located on
O'Brian Circle in Shenandoah Hills in the Stonewall Magisterial District.
This variance request will be considered by the Frederick County Board of
Zoning Appeals at their meeting of June 20, 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 .