Loading...
HomeMy WebLinkAbout15-89 Larry T Hawley - Opequon - BackfileCOUNTY of FREDERICK IDepartment of Planning and Development .703/ 665-565X I FAX 703/667-0370 9"Court Square:. P.O. Box 601 - . Winchester, Virginia 22601 VARZ E # 015-89_ , LARRY T. HAWLEY LOCATION: Lakeside Estates, Section 4, Lot 9A, Hickory Hill Drive Magisterial District: Opequon Tax Map: Tax Map 75B (4), parcel 9 Land Use and Zoning: RP ( Residential Performance ) Zoning and Residential Land Use Adjoining Land Use and Zoning: RP (Residential Performance) Zoning Residential Land Use Proposed Use and Improvements: Dwelling Variance: 10' Rear yard variance Applicants Reason for Variance: The rear property line of lot 9 has been moved 25' and added to lot 14, directly behind lot 9, by previous owner. A 25'setback from the new lot line would cause a new house to be set forward of the houses on either side, therefore breaking the continuity of the row of houses from the front street view. Background Information: The RP -zone requires a 25' setback from the rear property line. Existing lot is smaller that adjoining lots due to previous owner selling 25' off the rear to the owner of the lot adjoining the rear. Lot meets all other zoning requirments to permit house construction in desired location. Staff Comments: Placing house in desired location has no impact on .distances between houses in this area and appr6pri-ately balances house placement. A reasonable request since alignment of house on front setback line is in the best interest of the entire neighborhood. APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA Variance Application No. 015-- a? Submittal Deadline is 60 3 67 Application Date ("/.2?_ ` ± y For the Meeting of 7 /g Wd v-Fee Paid W //sue ao , T 1. The applicant is the (owner) (other) X (check one) Property is under contract from 2. NAME: Larry T. Hawley OCCUPANT: ( If other than applicant) ADDRESS: 2141 Douglas Street NAME: Joseph L & Virginia A. Defrange Winchester. Va 22601 ADDRESS: 4523 Oak Ridge Drive, Stephen City, VA TELEPHONE: 703-722-3212 TELEPHONE : 703-869-6290 22655 3. The property is located at (please give exact directions) Hickory Hill Drive. Section 4 of Lakeside Estates, Lot 9A 4. The property has a frontage of __100 feet and a depth of 159.12 feet and consists of .361 acres. (Please be exact) 5. The properMR is o n d by Joseph & Virginia Defrange as . evidenced by deed from �r�.`�l�Taccc wife_ recorded in deed book no. 619 on page 303 , registry of the County of Frederick 6. This property is designated as parcel no. 9 on tax map no. -75B in the 0 eauon Magisterial District. 7. Property Identification Number: 75B00-004-0000-OOOC-009-0 8. The existing zoning of the property is: Residential Performance 9. The existing use of the property is: Single Family Residence 10. The adjoining properties zoning is: Residential Performance 11. The adjoining properties land use is: Single Family Residence 12. Describe the variance sought in terms of distance and type. (For �xample - A 3' rear yard variance for an attached two car garage.) 10' rear yard variance from house to new property line Request permission to Dui rear_of house 15' from property line on lou of 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 The rear�rqperty line of Lot 9 has been moved 25' and added to lot 14 directly behind Lot 9 by previous owner. A 25' set back from the new lot line would cause a new house to be set forward of the houses on either side therefore breaking the continuity of the row of houses from the front street view. Pac�xe Two Variance 46 11 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. Tim Vincent Address: 4524 Hickory Hill Drive, Stephen City, VA 22655 Property ID#: 75B00-004-0000-OOOC-00010-0 2. Ron Link Address: 4532 Hickory Hill Drive Stepphen City.- VA 22655 , Property ID#: 75B00-004-0000-OOOC-0008-0 3. Jim & Marie Moran Address: Property I # 4. Allen Lineburg A Tess: Wount-ain Rnntp, Box 4, Winchester, VA 22601 Propertyy ID#: 75B00-004-0000-OOOB-0013-0 5• Allen Lineburg Address: Mountain Falls Route, Box 4, Winchester, VA 22601 Property ID#: 75B00-004-0000-OOOB-0012-0 6. Joseph L. & Virgiiiia DeFrange Address: 4523 Oak Ridge Drive, Stephen City, Va 22655 Proppertyy ID# : 75B00-005-0000-OOOC-0014-0 7•` Address: Property ID#: 8. Address: Property ID#: 9. Address: Property ID#: 10. Address: Property ID#: 15. Additional comments, if any I have discussed the proposed variance with all of the above property owners and they approve.. 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 Zonin A 1 g ppea s 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: Signature of Owner: Date Date-4�— For Office Use Only BOARD OF ZONING APPEALS PUBLIC HEARING ACTION OF (date)F-71 Approval a Denial CHAIRMAN: (� SIC B K- 5 9 5 P G 5 3 4 6p RI � , VA �� ►" '. �� r a 100. 00 , 1 g_A 4 w a° 0 M 3J-o� a8-o c �q 0 s, _ .,W D 4 C �i 1T,.W ..41�PIN �(Fo �0 1 n L x° 1 13 y�y l � Oq G4 r � V OAK RIDGE DRI VE 60' R/W RE -DIVISION VA RT. 1031 APROOVED FREDERICK COUNT PL LJN ING DEPT '1 �I`r�'I"1`YY YMMMMrMYM1•MMYYYY4YM1`YMMVMY� 758000040000000000150 NO NAME OR ADDRESS ON FILE Y �M�`MYM�YM 1`YY'M �YMMM I �"`MMM'r`MMM'P 11"i J� III r LINEBERGi ALLEN T. E YEE W. YAM MTN. FALLS RTF. SOX 4 WINCHESTER• VA. 22601 LINEBERG9 ALLEN T. S YEE W. YAM MTN, FALLS RTE. BOX 4 WINCHESTERP VA. 22601 DEFRANGEr JOSEPH L. E VIRGINIA A. 4523 OAKRIDGE DR. STEPHENS CITY, VA. 22655 DEFRANGE• JOSEPH L. , E VIRGINIA A. 4523 OAKRIDGE DR. STEPHENS CITYs VA. 22655 COUNTY of FREDERICK Department of Planning and Development 703/665-5651(1 FAX 703/667-0370 July 3, 1989 TO: THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) RE: Application #015-89 of Larry T. Hawley FOR: A 10' rear yard variance for a dwelling. This property is located in Lakeside Estates, Section 4, on Hickory Hill Drive, in the Opequon Magisterial District. This variance request will be considered by the Frederick County Board of Zoning Appeals at their meeting of July 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, -Z� Kris C. Tierney Deputy Director KCT/dkg 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 0 This is to certify that the attached correspondence was mailed to the following on July 3, 1989 from the Department of Planning and Development, Frederick County, Virginia: Larry T. Hawley 2141 Douglas Street Winchester, VA 22601 DE1=PANGE_q J[ EPI-1 L. r iiIRG' IlA A.s4523 00, RIDGE DI" j ST pi-1ENi ' CITY, klf'n 22655 r / VINCETrlT-p TINOT11Y 'i_., 452.-4 iiIC;(ORY 1"iILL 011IV1_ STI:p1.1E N a C "I T Yv VA 2 .., z_ 5 LINT<9 R0NA1..1.) 0:� L I N1)A Mk 4632 HIC;{ORY HILL 01?.IVE �T1�1';1C_ a1S C I I*Yf VA. i 22,1355 1 & YEE YAM _ �/ M 1 N a F AL L S i, � .i� �> z3) i X f4- Kris C. ierne uty Dire Frederick County Dept. of ftanning STATE OF VIRGINIA COUNTY OF FREDERICK I,-Di0L"V- K, C av4. 1(1 , 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 ��3 `� �'�] _, has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand thisday of J �� , 1989. My commission expires on NOTARY PUBLIC N V__n �1&1 4� C7, [MOMAS J. CM"LILR ATTCRN[T AT LAW I MCN[YTM VIRGINIA �J2482 JOSEPH L. DEFRANGE, ET UX TO: DEED RICHARD J. MACK, ET UX Bx595Pc5.32 THIS DEED, made and dated this `Y r day of 2/- 1985, j by and between JOSEI'Il L. DeFHANCE and VIRGINIA A. Dc-FRXiCE, his wife, herein- after called the Grantors, and RICILM J. MACK and JANET A. MACK, his wife, hereinafter called the Grantees. WITNESSETII: That in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations paid the Crantors by the Grantees on or before the delivery of this Deed, the receipt of all of which is hereby acknowledged, the Grantors hereby grant, sell and convey, with general warranty of title, unto the Grantees, in fee simple, as tenants by the entirer:7 with the common law right of survivorship, the following real estate, to -wit: All that certain lot or parcel of land together with all easemw-ats, improvements, rights -of -way and appurtenances thereunto belonging, lying and being siruate in Opcquon Magisterial District, Frederick County, Virginia, and designated as Lot Nine, Section C, on the plat of Lakeside Estates, and more particularly described by plat and survey of Lee A. Ebert, C.L.S., dated May 20, 1985 and attached hereto and made a part hereof. This is a portion of the same real estate conveyed to the Grantors herein by Deed dated September 21, 1984 and recorded in the Clerk's Office of th�� Circuit Court of Frederick County, Virginia, in Deed Book 582, at Page 866. Reference is made to the prior Deed for a more particular descriY_ion of the property herein conveyed. This conveyance is made subject to all easements, rights -of -way and restrictions of record affecting the subject property. Except as noted above, the Grantors covenant that they have a right to convey said property to the Grantees; that they have done no other act to encumber said property, that they will execute such further assurances of title to said property as may be requisite, that they are seized in fee simple of the property conveyed; and that the Grantees shall have quiet ?-.session of said property free from all encumbrances. WITNESS the following signatures 1Vr(Xb�ft� f ti� (SEAL) VIRGG A A DeFRANCE STATE OF VIRGINIA ��••'� OF : Zl�C.-�/� to I, I, �:i,� 1J ( `;. _( /"," , a Notery Public in end for the State v, a�1595rc533 and �./U I�' aforesaid, do hereby certify that Joseph L. DeFrange and Virginia A. DeFrange, his wife, whose nm=s are signed to the foreping Deed bearing date the � day of C �'1'� 1985, have personally appeared before use and acknowledged the wipe. Given under my hand this ��� day o� �'r 1985. (( t,o ary public My Comziss ion expires: ec-.."t • +J � - 2 - Y Jai •. l 5K595Pc535 The Accompanying Plat is a RE -DIVISION SURVEY ESTABLISHING LOT 9-A AND LOT 14-A - SECTION 'tC" - LAKESIDE ESTATES. The Original Lot 14 - Section C - vas conveyed to Joseph L. DeFrange and Virginia A. DeFrange by Deed dated 9•January 1984 in Deed Look 571 Page 125. The Original Lot 9 - Section C - waz conveyed to Joseph L. Defrange and.Virginia A. De=range by Deed dated 21 September 1984 in Deed Bock 582 Puge 866. The said L:lnd - Lot 14A Improved and designated as No. 4523 - lies in Op,uon District, Frederick County, Virginias LOT 9-A - 15#742 S0. FT. $ &_ginning at an iron pin (founnd) in the Eastern Boun&xy l.'...^e of Hickory Hill Drive, a corner to Lot 10, running with the said Boundary Line S 280 39' 06" W - 100.00 ft* to an iron pin (Found) corner to Lot 81 thence with the Nor.thcrn Line of the said Lot S 630 36' 40" E - 159.12 ft. to an iron pin corner to Lot 14-A t thence with the Western Line of the said Lot N 230 53' 414' E 104.19 ft-. `a an iron pin in the Southern Line of Lot 101 thence with the said Line N 700 28' 02" W - 151011 ft* to the begin;iing. LO. i -A -- 23,638 SR. FT.: Beginning at an iron pin (found) in ;.e Western Boundary Line of Oak Ridge Drive, a corner to Lot 15, running with the said Boundary Line N 180 34' 57" E - 130,00 ft. to an iron :yin (found) corner to Lot 131 t1nnce with ttie Southern Line oft.:he said Lot N 640 44' 00" W - 159.63 ft. to an iron pin (found) in the Eastern 'Line of Lot 101 thence with the Two Following Lines of the said Lot S 230 52. 06" W - 20.00 ft. to an iron pin (found); thence N 700 261 02" W - 25.00 ft. to an iron pin corner to Lot 9-A1 thenca with the Eastern Line of the said Lot S 230 53' 41" W - 104o�9 ft.. to an iron pin in the Northern Line of Lot 8; thence with the said Line S 63° 36' 40',E - ^5.00 fts to an iron pin corner to Lot 151 thence with the Northern Line or the said Lot S 630 20' 52" E - 171.76 ft* to the !Dcginning. RT Surveyed - - - tiay 20, 1985 u cni FAIL rya. Y ....� ... ..�.. . _.. •-•. �� 484 r: T..is ir:s!rurndi, V.rltiag was prodscca to nio o.. t..., _La.iy o ^ « 19 � , at� /� '� ►.:►cn ,� iud with certiiicat of ackaowi-dement t.horeto aano,c©d was idmitted to rocor Tw. impoz;ed by Sac. 56-54.1 of and 58-54 have been paid, if a3sessablt t� 1 .�.r, �. ��� (;lam•' 1 I BK595PG534 Ga`o . ��' V 60�V✓ DRl � �o0 1033 8.3905jv 00 l cv 9—A 4 c 15, 74.2 �'� . SQ. FT. To a a N co o v�i b 523.53"41 • I1"✓ G ' 104. ,�• J N `L O r L6 I MomPia , co` o a 14—A ° 1 � i 23,638 SQ. FT ,0r 3 ' a ci N a ijL z L A .� !, ci `, 0 � CIO� CLl'I I F PC-', 11. 1 i�. RJ 13`34' 57"E-00.00' '►;;-� i OAK RIDGE DRIVE 60 R/ W RE -Di vis ION VA. RT. 1031 APRPOVED ro-p FIREDERICK COUNTY PL `)N 1NG ©EPT I 5 s 1 AS APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA Variance Application No. 0 1 &_1 Submittal Deadline is %/? S 6` Application Date 2 Sy For the Meeting of 7 �g vYe e Paid 4� #�5. oa The applicant is the (owner) (other.) X (check one) L Pro erty is under contract from !-� p NAME: arry T. Hawlev � OCCUPAN_ (If other than applicant) ADD; ESS: 2141 Douglas Street i) NAME: roseph L & Virginia A Defranpe II Winchester. Va 22601 ADDRESS: 4523 Oa Ride Drive Steph TELNNE : n pen City, ]VA 703-722-3212 �� TELEPHONE: 703-869-6290 22655 The property is located at (please give exact directions) Hickory Hill Drive Section 4 of Lakeside Estates Lot 9A 4. The property has a frontage of 100 feet and a depth of 159.12 feet and consists of .361 acres. (Please be exact) 5. The proper this oTn4 d by Joseph & Virginia Defrange as . evidenced by deed from MR titi. M wife) recorded in deed book no. 619 on page 303 , registry of the County of Frederick 6. This property is designated as parcel no. 9 on tax map no. 75B in the Opequon Magisterial District. 7. Property Identification Number: 75B00-004-0000-00OC-009-0 8. The existing zoning of the property is: Residential Performance 9. "'The existing use: of the property is: Single Family Residence 10. The adjoining properties zoning is: Residential Performance 1. The adjoining properties land use is: Single Family Residence 12. Describe the variance sought in terms of distance and type. (For xample - A 3' rear yard variance for an attached two car garage.). 10' rear yard variance from house to new property line r-Request permission to put rear of house 15' from property line in lou of 25' Frederick County requirement. 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 The rear property line of Lot 9 has been moved 25' and added to lot 14 directly behind. Lot 9 by previous owner. A 25' set back from the new lot line would cause a new house to be set forward of the houses on either side therefore breaking the continuity of the row of houses from the sLreec view. y Two 3 i-ance 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) NAMP 1. Tim Vincent Address: 4524 Hickory Hill Drive, Stephen City, VA 22655 Property ID#: 75B00-004-0000-OOOC-00010-0 2. Ron Link Address 4532 Hickory Hill Drive Stppphpn City, VA 22655 , Property ID#: 75B00-004-0000-000C-0008-0 3. Jim & Marie Moran Address: Property I # 4. Allen Lineburg Address: VA 22601 Property ID#: 75B00-004 0000-OOOB-0013-0 5. Allen Lineburg Address: Mountain Falls Route, Box 4, Winchester, VA 22601 Property ID#: 75B00-004-0000-00OB-0012-0, 6. Joseph L. & Virgiiiia DeFrange Address: 4523 Oak Ridge Drive, Stephen City, Va 22655 Propperty ID# : 175B00-005-0000-OOOC-0014-0 7.- Address: Property ID#: 8. Address: Property ID#: 9. Address: Property ID#: 10. Address: Property ID#: 15. Additional comments, if any I have discussed the proposed variance with all of the above property owners and Chey dpPLUVU. 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: Date.Z For Office Use Only BOARD OF ZONING APPEALS PUBLIC HEARING ACTION OF (date) DApproval Denial CHAIRMAN: