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HomeMy WebLinkAbout17-89 Washington Homes Inc - Shawnee - BackfileCOUNTY of FREDERICK IDepartment of Planning and Development 703/665-5651 FAX 703/667-0370 August 18, 1989 Washington Homes,'Inc. 8420 Quarry Road Manassas, Virginia 22110 Dear Sirs: This letter is to confirm the Frederick County Board of Zoning Appeals' action at their meeting of August 15, 1989: Approval of Variance #017-89 of Washington Homes, Inc. for a 2'8" front yard variance. This property is located in the Apple Ridge Subdivision on Alpine Meadow Road, Lot 98, in the Shawnee Magisterial District. If you have any questions regarding your variance, please do not hesitate to call this office. Sincerelyq--� 9 Court Square = P.O. Box 601 - Winchester, Virginia . - 22601 VARIANCE #017-89 Washington Homes, Inc. LOCATION - On Alpine Meadow Road, Lot 98, in the Apple Ridge Subdivision MAGISTERIAL DISTRICT - Shawnee TAX MAP & PARCEL NUMBER - Tax Map 65E, Parcel 98 LAND USE AND ZONING - Residential land use, and RP (Residential Performance) zoning ADJACENT LAND USE AND ZONING — Residential and agricultural land uses, and RP (Residential Performance) and RA (Rural Areas) zoning PROPOSED USE AND IMPROVEMENTS - A porch and a one -car garage VARIANCE - A 2' 8" front yard variance REASON FOR VARIANCE - Foundation installed wrong. BACKGROUND INFORMATION - The required front building restriction line (BRL) or front setback of 25' was in effect and approved for this subdivision. This house was placed at an angle on the lot so that the eastern front corner extends 2.8' forward of the required 25' setback line. STAFF COMMENT - Approval of this request is required to correct an error of unknown origin. Site inspection indicates no major aesthetic impact to this or surrounding properties. This error did make the driveway into the garage unusually steep. APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA Variance Application No. -� Submittal Deadline is Applicatio Pate rl I I& For the Meeting ofWks- Fee Paid rece- ed- 5 iy r) . 1. The applicant is the (owner) �� (other) (check one) 2. NAME:�Jcl ;n ' ,�C OCCUPANT: ( If other than applicant) ADDRESS: �� NAME: ADDRESS: TELEPHONE: TELEPHONE: 3. Tom. roperty is located at (please ive exact dire tions ja e,� sin ► f � Da �1��+s�n 4. The property has a fr tage f _�� feet and a depth of feet and consists of ,00 acres. (Please be exact) 5. The property is owned by �I �;� oy�` ©m-(rt as evidencecl by deed from recorded i d bo k no. on page , registry of the County •f e 6. T s property i designated as parcel no. 1_� on tax map no. in the Magisterial District. 65�Oa5o '0000c 7. Property Identification Number: 8. The existing zoning of the property is: P 9. The existing use of the property is: 10. The adjoining properties zoning is: 11. The adjoining properties land use is 12. Describe the variance sought in terms of distance and type. (For example�1A 3' rear,yard varianc 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 use o c�evelopmen cl property imm diately 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) NAM F. 1• _ 2 v,%5 3. is '� � M �n ( LC Address: oxci Property ID#: /� � (� 0000 0000 o a � Address 4'/ Aone-meac6v Property ID#: - E o (o 0ooao U Address: Property ID# 6 � vo016c)Ob O00�Do76 0 4. ,J( i 't 5• Address: Property Address: ID# �-O60 - nvo - 0000 -00O0 -00 qI- 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: C_ Date 7 ` For Office Use Only BOARD OF ZONING APPEALS PUBLIC HEARING ACTION OF (date) t Approval Denial CHAIRMAN: OT 96 WH/PP L AND 4 DESIGN : YORKSHIRE 28.0' _ 75.00' N 30' 53' 57" E 3 is glc� O O h .4LR/NE ME.400`Y ROW 50' RIW PROPOSED HOUSE LOCATION LOT 97 APPLE RIDGE SUBDIVISION SHAWNEE DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: I" = 20' DATE: APRIL 11, 1989 GREENWAY ENGINEERING AND SURVEYING CO.. INC. 1104 BAKER LANE WINCHESTER, VIRGINIA 22601 TELEPHONE 662-4186 I—OT 98 It EET I of 1 j O O 0 h W91 PP L A NO 5 30'53 '6'7"W 75.00 I_ / LOT 98 9, 000 5G. FT 25' B R L /5 7 O O O N r1 O O /V .30'5-3 '57-E 75.00' ALP/NE MEADOW ROAD ,50 ' RIW " LL CHECK LOT 98 APPLE R/OGEC SUED/V/SiO,v Sh/AWNEE 0/STRICT FF?EDER/CK COUNTY V/RG/N/A SCALE: /"= 20 ' DATE Y /0, /9g9 creenway Engineering & Surveying Co., Inc 1104 Baker Lane • Winchester, Virginia • 226010 703-662-4185 H. Bruce Edens • President o�i3s ����d? • G H. BRUCE `EDENS a No. 162 6 O • � SURVE`�O SHEET of LOT 98 WIL11PP LAND S 30' 53' 57"TW- 97.50' T LOT 99 700 SO FT. 67-3' 25' BUILDING RESTRICTION LINE 270 _ 1 97.50' N 30' 53' 57" E ,41— RIME A&S-400W R0,40 50 ' RIW WALL CHECK LOT 99 APPLE RIDGE SUBDIVISION SHAWNEE DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: I" = 30' 1 DATE : MAY 17,.1989 /tN GREENWAY ENGINEERING AND SURVEYING CO.. INC 1104 BAKER LANE \47 WINCHESTER, VIRGINIA 22601 TELEPHONE 662-4186 wdtj�==- TN r; �I.BRUC EDENS 9 No. 162 B l SU VE��4 R SHEET I of I < '-A COUNTY of FREDERICK IDepartment of Planning and Development 703 / 665-565fi FAX 703/667-0370 August 1, 1989 TO: THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) RE: Application #017-89 of Washington Homes, Inc. FOR: A 2'8" front yard variance for a porch and a one -car garage. This property is located in the Apple Ridge Subdivision on Alpine Meadow Road, Lot ��.98, in the Shawnee Magisterial District. This variance request will be considered by the Frederick County Board of Zoning Appeals at their meeting of August 15, 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, 4 W. Wayne Miller Zoning Administrator WWM/dkg 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 This is to certify that the attached correspondence was mailed to the following on August 1, 1989 from the Department of Planning and Development, Frederick County, Virginia: Washington Homes,Inc. 8420 Quarry. Road Manassas, Va. 22110 Washington Homes,Inc. 208 Alpine Meadow Road Winchester, Va. 22601 Loggia Group Inc. Stevenson Ave. Alexandria, Va. 22313 Mary V. Whipp Route 6, Box 763 Winchester, Va. 22601 Tjfris C. Tier dy, Deputy ctor Frederick County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK I, GcukAfll , 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 �us� /� /� S`� , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this day of 1989. My commission expires on a3 PLANNING -A COUNTY OF FREDERICK 9 COURT SQUARE P. O. Box 601 WINCHESTER. VIRGINIA 22601 gia Group Inc. venson Ave. xandria, Va. 22313 F` �� /U S P( rkAr �« AUG I -'89 '" %= s ' $'1 0 .2 Ida. �6ui943-- rt�, rl • COUNTY of FREDERICK Department of Planning and Development 703/665-565fi1 FAX 703/667-0370 August 1, 1989 TO: THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) RE: Application #017-89 of Washington Homes, Inc. FOR: A 2'8" front yard variance for a porch and a one -car garage. This property is located in the Apple Ridge Subdivision on Alpine Meadow Road, Lot 198, in the Shawnee Magisterial District. This variance request will be considered by the Frederick County Board of Zoning Appeals at their meeting of August 15, 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, P. eT : W. Wayne Miller Zoning Administrator WWM/dkg 9 Court Square r ;1 AUG ` 7 t989 P.O. Box 601 - Winchester, Virginia - 22601 F Bxlo8Fczoa THIS SUPPLEMENT to DEED OF TRUST made this 21st day of MAKIN 1989, by and between WASHIN`I'CN HOMES, INC., WASHINGIU4 HOMES, INC. OF VIRGINIA, _ CITADEL LAND, INC., THE SOU'I'f-IAMPTON CORPORATION, HOUSING HOME SALES, INC., ALL SEASONS, INC., CONSULTAM5 CORPORATION AND DESIGNED CONTRACTS, INC., ("GRANTORS"); SIGNET SANK/VIRGINIA, AS AGENT FOR PACIFICORP CREDIT, INC., CIiARI.F:STON NATIONAL BANK, INVESTORS SAVINGS BANK, GREYHOUND REAL ESTATE FINANCE COMPANY AND SIGNETT BANK/VIRGINIA ("BENEFICIARIES") ; AND LAiNTU CE A. S-NCLITICO , SUBSTITUTE TRUSTEE (THE "TRUSTEE"). WHEREAS, Grantors heretofore executed a DEED OF TRUST (hereinafter referred to as the ("DEED OF TRUST') dated August 1, 1988 and recorded in DEED BOOK 705 , PAGE 845 among the Land Records of FREDERICK OM4TY, VIRGINIA WHEREAS, Grantors heretofore executed a Ivan Agreement dated August 1, 1988, and WHIEREAS, Grantors now desire to submit. the additional lots described in Schedule A attached hereto to the lien of the above referenced Deed of Trust and obtain financing therefore; NOW THEREFORE, in consideration of Ten Dollars ($10.00) cash in hand paid and other good and valuable consideration, the receipt and sufficiency of which the parties hereto acknowledge, the parties hereto agree and covenant as follows: 1. The Deed of Trust and any financing statement(s) executed contemporaneously therewith, are hereby supplemented as follows: a. Beneficiaries shall advance to Borrowers under the Loan Agreement as land advance for the lots described in this Supplement. b. Grantors hereby grant and convey unto the Trustees as set forth in the Deed of Trust, to the benefit. of the Beneficiaries named therein, the additional real property described in Schedule A attached hereto and made a part hereof, together with all improvements, hereditaments, appurtenances, fixtures, rents, and other benefits or emoluments appertaining thereto, shall be subject to the Deed of Trust as fully as if said property had originally been covered thereby. 2. All of the provisions set forth in the Deed of Trust and in any such financing statments, and in any other supporting loan documents, shall continue, except as specifically supplemented by this Supplement. This Supplement shall not extinguish Grantors' indebtedness to Beneficiaries or discharge the lien of the Deed of Trust and is not intended to be a substitution or novation of the original indebtedness or of any documents securing the same, which documents shall remain in full force and effect, as supplemented hereby. 3. The provisions of this Supplement shall be binding upon and inure to the benefit of the parties hereto, their personal representatives, successors and assigns, and any and all persons or entities claiming by or through them or any of them. As Witness the execution of this Supplement by the Grantors herein: ATTEST: WASHING10N INC. ...'�� .1.......... ..... .�:f�....... Y: .'CRC A. B•CESARIS, JR. CHIEF EXECUTIVE OFFICER 89-5105V AFTER RECORDING PLEASE RETURN DOCUMENTS TO: DUNN TITLE COMPANY 2137 Defense Hwy, Crofton, MD 21114 to encumber the property hereby conveyed; that it will warrant specially the property hereby granted; and that it will execute such further assurances of the same as may be requisite. WITNESS the corporate seal of the said Grantor and the signature of Its cororate officer. Attest: THE LOGGIA GROUP, INC., a nlul/�.L �v OF �t'--qE OF Virg / corporation. �j Charles C. Whitley Vice President tG�fVNTY OF , to wit: herebycertify, that on this �' y, a 0 day of March, 1989, before me, the subscriber, a Notary Public of the State aforesaid, personally appeared Charles C. Whitley, who acknowledged himself to be the Vice President of The Loggia Group, Inc., and being authorized to do so, execute the within instrument, and acknowledged the foregoing Deed to be his act, and in my presence signed and sealed the same. In witness whereof, I hereunto set my hand and official seal. W U'�Nota Publ icic My Commission Expires: 4123192 -2- 89-5105V DUNN TITLE COMPANY 2137 Defense Highway Crofton, Md. 21114 FFICDEMCK COUNTY, SCT. Ti!i3 iinss�trumtiit of w6ting eras pros u---_d to me on the C�rtf,:::11c uI,.CI,nC:�l�';,;ng a t'•L Ef.� ^rnr- Ctj rL,:,rd. Tax Imposed 1,,� _ c. 53 51.1 t,l have been p�%J' , I' _ :��'�e •;J. Ct_E RK • 1] THIS DEED, made this 20th OK700rc206 day of March, 1989, by and between THE LOGGIA GROUP, INC., a Virginia corporation, Grantor, party of first part, and WASHINGTON HOMES, INC. OF VIRGINIA, a Virginia corporation, Grantee, party of the second part. WITNESSETH, That in Consideration of the sum of TWO HUNDRED SEVENTY SIX THOUSAND & 00/ 100 DOLLARS ($276, 000.00), the receipt whereof is hereby acknowledged and which amount includes amount of any mortgage or deed of trust outstanding, the said party of the first part does grant and convey unto the said party of the second part, its successors and assigns, in fee simple, all those lots of ground situate in Frederick County, Virginia and described as follows: BEGINNING for the same and being known and designated as Lots numbered 63, 87, 88, 89, 90, 93, 94, 95, 96, 97, 98 and 99, APPLE RIDGE SUBDIVISION, Shawnee District, Frederick County, Virginia as the same appears duly dedicated, platted and recorded among the Land Records of said County in Deed Book 669, page 149. BEING a portion of that property which by Deed dated January 5, 1988 and recorded among the Land Records of Frederick County, Virginia in Deed Book 669, page 124, was granted and conveyed by Dominion Associates Group II, a Virginia corporatiun, unto The Loggia Group, Inc., a Virginia corporation. GRANTOR herein certifies that this conveyance is not part of a transaction in which there is a sale, lease, exchange, or other transfer of all or substantially all of the property and assets of the Grantor herein. TOGETHER with the buildingsthereupon, and the rights, alleys, ways, waters, privileges, appurtenances and advantages thereto belonging or in anywise appertaining. TO HAVE and to hold the said described lots of ground and premises unto the said party of the second part. its successors and assigns. In fee simple. AND the party of the first part hereby covenants that It has not done or suffered to be done any act, matter or thing whatsoever, AFTER RECORDING PLEASE RETURN DOCU►+tEN rs "TO: DUNN 11TLE COMPANY 2137 Defense Hwy. Crofton, MD 21114