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Home My WebLink About20-89 Edward Nelson - Shawnee - BackfileUpon submittal of your completed application, a sign will be provided for you AT LEAST SEVEN (7) DAYS BEFORE THE HEARING, the sign must be placed at the property line and be maintained so as to be legible until the date of the hearings. Failure to comply means that your request will be tabled. I UNDERSTAND THAT I AM REQUIRED BY LAW to display a sign provided by the Frederick County Planning Department. I UNDERSTAND the terms explained above. My signature verifies that I have received said sign. giga ure 1 RECEIPT N2 022327 AMOUNT DUE $ AMOUNT PAID s BALANCE DUE CASH CHECKEl �� OTHER FREDERICK COUNTY .DEPT. OF PLANNING AND DEVELOPMENT P. 0. BOX 601 • 9 COURT SQUARE WINCHESTER, VIRGINIA 2=1 /DATE' �1_4/ a / RECEIVED FROM �-i ADDRESS M6 THE SUM OF� � , //I/ FORS/ DOLLARS $ 60 DAYTIMERSRE-ORDER N. 3221 — Panted In USA COUNTY of FREDERICK IDepartment of Planning and Development 703/665-5651 FAX 7:03%667-0370 October 19, 1989 Mr. Edward Nelson. 331 Village Road Winchester, Virginia 22601 Dear Mr. Nelson, - This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their meeting of October 17, 1989. Approval of variance #020-89 of Edward Nelson for a 4' south side variance and a 6' rear yard variance for a deck. This property is located at 331 Village Road, Heritage Hills Subdivision, in the Shawnee Magisterial District. If you have any questions regarding this action, do not hesitate to call this office. Sincerely, W. Wayne Miller Zoning Administrator WW.M/s1k 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 . VARIANCE #020-89 Edward and Naomi Nelson LOCATION - 331 Village Road in the Heritage Hills Subdivision MAGISTERIAL DISTRICT - Shawnee TAX MAP & PARCEL NUMBER - Tax Map 54H, Parcel 54 LAND USE AND ZONING - Residential land use, and RP (Residential Performance) zoning ADJACENT LAND USE AND ZONING - Residential land uses and RP (Residential Performance) zoning PROPOSED USE AND IMPROVEMENTS -_A deck VARIANCE - A 4' south side variance and 6' rear yard variance REASON FOR VARIANCE - Exceptional narrowness of the property BACKGROUND INFORMATION - The RP zone requires a 10' side setback and 25' rear setback. Construction of proposed deck on this property would reduce the side setback to 8' and the rear to 19'. STAFF COMMENT - Construction of.the. proposed deck would have no aesthetic impact on the neighborhood. Because of the rear property slope and high bank at the rear property line, a deck would be an appropriate appurtenance for this residence. This is considered a reasonable request. Note: Tabled from the BZA meeting of 9/19/89. APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA Variance Application No.�-'�% Submittal Deadline is Application Date /, �' For the Mee ng of Fee Paid J2d 1. The applicant is the (owner) (other) (check one) 2. NAME: l L,>OCCUPANT: (If other than applicant) ADDRESS: ?, / NAME: �r c� tom,SQg( ADDRESS: TELEPHONE : /o / /6 _T TELEPHONE: . 3. The propert is located at (please give exact directions) 0 s' rt _1',�<G �� 3�<11 4. The property has a frontage of SO I feet and a depth of f feet and consists of /t�p�tae-re:s. (Please be exact) 5. The property is owned by �`�l- o�as . evidenced by deed from recorded in deed book no. on page // , registry of the County of f.ecle 6. This property is designated as parcel no. -S-V on tax map no. I in the Magisterial Di trict. 7 __. "Property Identification Number: 8. The existingzoning 9 of the property is: , �4, Q 9. The existing use of the property is: f .Qp.J�ai VTA,.ce.-t' 10. The adjoining properties zoning is:� 11. The adjoining r �eI � g 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.) 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 propTcenk ty immediately adjacent thereto oLn_ t�ql,rl t-6 vn ► I A Page Two Variance 4 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) IP►iiio Address: 2•p� V �n Property ID#: Address: D . 3• / +"` A 4 Property ID#:� O— -• IDU 6 v —0 GJ 0 Address: r Property ID# Address: �'c� Property ID#: Address :334 R-L Gj� �� Property ID#: 6. b 6 00t5 c7 Cap (— c5 C7 � °�, (5 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 Applic� Signature of Owner: 55" .r Date Date=v2/--�' For Office Use Only BOARD OF ZONING APPEALS PUBLIC HEARING ACTION OF (date)ET" 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 j o v t r �Addi,4----► n a 7" ip tion I Q_J Property Line -----------------------Center of Rood ------- Rood SHOW THESE MEASUREMENTS �1 7-00/' pjJ05-�t2 TaG®T ti%N 4/ IN .�c�rv-PE JET COUNTY of FREDERICK IDepartment of Planning and Development 703/665-5651 FAX 703/667-0370 October 3, 1989 TO: THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) RE: Application #020-89 of Edward and Naomi Nelson FOR: A 4' south side yard variance and a 6' rear yard variance for a deck. This property is located at 331 Village Road in the Heritage Hills Subdivision in the Shawnee Magisterial District. This variance request will be considered by the Frederick County Board of Zoning Appeals at their meeting of October 17, 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, r.• eWaynMiller Zoning Administrator WWM/dkg 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 This is to certify that 0 attached correspondence was m0ed to the following on October 3, 1989 from the Department of Planning and Development, Frederick County, Virginia: i-- --- - CURRY,, RICHARD E, I NELSON,? EDDIE & Nr-1flMI Fo I3-910- VILLAGE ROAD 331 VILLAGE ROAD � I WIN(,HESTERv VA, 'rllNC -iE:STER p VA. - - _ 22u01- 22601 SI;ENANDOAH COLLEGE- AND CONSERVATORY OF MUSIC MILl_1,40.OD P'SCE l WINCHESTE v CIA* 22601.1 Ad_1=ORDr RUEL J. JR. GRACE Psi 30.3 BRANNER, AVENUE WINCHESTERv VA. — - 22601 ' HAMVIONDv JA BS ttILLIAPI 8 EDITH a`1AR.IE 1-10LFC HINCHESTEr v VAs 22601 1 PEACOEv C IARLES L. �S HILDA S, 314 VILLAGE ROAD tI:1INSTR9 VA. 2260 Wayne Mill , Zonirfg Administrator Frederick County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK I, a K ��1� �,�� , a Notary Public in and for the state and county aforesaid, do hereby certify that Wayne Miller, Zoning Administrator for the Department of Planning and Development, whose name is signed to the foregoing, dated Oc-fi) er -1', Ml , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this j�- day of QczoAeY , 1989. My commission expires on NOTARY PUBLIC • 54H00-001-0000-0001-0054-0 NELSONt EDDIE E NAOMI F. HERITAGE HILLS L54 Si RP RS 8#500 331 VILLAGE ROAD 409600 , WINCHESTERv VA. • 54H00-001-0000-0001-0055-0 SHENANDOAH COLLEGE AND 22601 HERITAGE HILLS L55 S1 RP AG 5.000 CONSERVATORY OF MUSIC i MILLWOOD PIKE WINCHESTER9 VA. • 22601 54H00-001-0000-0001-0053-0 ALFORDv RUEL J. JR. E GRACE M. HERITAGE HILLS L53 S1 RP RS 308 BRANNER AVENUE 8r500 36v100 WINCHESTERv VA. 54H00-001-0000-0001-10044-0 22601 HAMMOND1 JAMES WILLIAM HERITAGE HILLS L44 S1 RP RS 97000 29v900 & EDITH MARIE WOLFE 1236 HAVEN TERRACE WINCHESTERv VA. i 22601 i 54H00-001-0000-0001-0061-0 PEACOE• CHARLES E. & HILDA S. HERITAGE HILLS L6.1 S1 RP RS 91000 31#50 314 VILLAGE ROAD 0 WINCHESTER• VA. i 54H00-001-0000-0001-0062-0 CURRYt RICHARD F. 22601 HERITAGE HILLS L62 S1 RP RS 334 VILLAGE ROAD 9?000 36s700 WINCHESTER• VA. 22601 1• 1 0 COUNTY of FREDERICK IDepartment of Planning and Development 703/665-5651 FAX 703 / 667-0370 September 5, 1989 TO: THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) RE: Application #020-89 of Edward and Naomi Nelson FOR: A 4' south side yard variance and a 6' rear yard variance for a deck. This property is located at 331 Village Road in the Heritage Hills Subdivision in the Shawnee Magisterial District. This variance request will be considered by the Frederick County Board of Zoning Appeals at their meeting of September 19, 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, 6i1ler Zoning Administrator WWM/dkg 9 Court Square P.O. Box 601 - Winchester, Virginia - 22601 This is to certify that * attached correspondence was mated to the following on September 6, 1989,from the Department of Planning and Development, Frederick County, Virginia: Mr. Edward. Nelson 331 Village Rd. Winchester, Va. 22601 Ruel J. & Grace M. Alford 308 Branner Ave. Winchester, Va. 22601 James W. & Edith M.Hammond 1236 Haven Terrace Winchester, Va. 22601 Charles E. & Hilda Peacoe 314 Village Rd. Winchester, Va. 22601 Richard F. Curry 334 Village Rd. Winchester, Va. 22601 Shenandoah College 'Conservatory of Music Millwood Pike) Winchester, Va. 22601 Wayne Mil er, Zogfng Administrator Frederi County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the state and , county aforesaid, do hereby certify that Wayne Miller, Zoning Administrator for the Department of Planning.and Development, whose name is signed to the foregoing, dated �5'a/a¢a«oey �o, ��% , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my ha this 7�(/ day of 1989. My commission expires onr 1►(�NY��G�'/' IlCill[ i i . i. ! THOMAS J. CHAfLEA ATTOAMtT AT LAW WIMCHUTM VIRAIMIA 511 #1.809 THELMA A. BURKS. TO: .. DEED & ASSUMPTION EDDIE NELSON, ET UX * BOOK 550 PrE. 541 THIS DEED AND DEED OF ASSUMPTION, made and dated this ,r t" day of August, 1982, by and between THELMA A. BURKS, feme sole, party of the first pa;t, hereinaftdr called the Grantor and EDDIE NELSON and NAOMI F. NELSON, his wife, parties of the second part, hereinafter called the Grantees. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey with general warranty of title unto the Grantees, in fee simple, as tenants by the entirety, with common law right of survivorship, the following real estate, to -wit: All that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, lying and being situate in Shawnee Magisterial. District, Frederick County, Virginia, designated as Lot No. 54, Section One, Heritage Hills, on a plat prepared by J. R. Nicely, C.L.S., dated February 23, 1973 of record in the Clerk's Office of. the Circuit Court of Frederick County," Virginia in Deed Book 409 at Page 197. This is the same real estate conveyed to " Thelma A. Burks, feme sole, by Deed dated May 1, 1978 of record in the aforesaid Clerk's Office in Deed Book 490 at Page 764. 11 This conveyance is.mad-e and subject to all easements, and legally enforceable restrictions and reservations of record affecting.such realty. This conveyance is also made and accepted subject to an indebtedness secured by a Deed of Trust on said property, which the Grantees hereby assume, as evidenced by that certain Note executed by the Grantor herein, in the original amount of Thirty -Three Thousand and.no/100--($33,000,00),,With interest thereon at the rate of 9.625%, all as more . .specifically set forth in said -Note, which Note has an n 51,r2,, 5nK FA6E outstanding'balance in the,amount of Thirty -Two Thousand Thirty -Two and, 05/100--($32,032.05), Said Note is secured by that certain Deed of Trust dated May 1, 1978 of record ' in the Clerk's Office of.the Circuit Court of Frederick County, Virginia,.in Deed Book•490 at Page 768, wherein the hereinabove described real estate was conveyed by the Grantor herein to Phiflip G. Coble,'et al, Trustees,*to secure Standard Federal Savings and Loan Association the repayment of the aforesaid Note. The Grantees join in the execution of this Deed to agree to assume the aforesaid indebtedness and the repayment of the same and further agree to comply with any and all covenants and conditions set forth in the aforesaid Deed of Trust og record in the aforesaid Clerk's Office in Deed Book 490 at Page 768. It is further agreed that the interest rate shall remain at 9..6258 per annum and that the .monthly payments thereon shall henceforth be Two Hundred Eighty and 50/100-•($280.50), said payments to commence on the first day of October, 1982 and to continue on the first day of each succeeding month thereafter until paid. Except as noted above, the Grantor covenants that she has 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 she will grant such further assurances of title as may be requisite. WITNESS the follow g signatures and sealsc (1 (SEAL) THELMA A BURKS (SEAL) EDDIE NELSON , (SEAL) NAOMI F. NELSON t i - - - is t ' I • .i / i• 1 ( S I I 513 bacy 550 FAru 5 .1.3 STATE OF VIRGINIA -eP'' , to -wit s I. 'Lie a Notary Public in and for the State aforesaid, do hereby certify I that Thelma A. Burks, w�hos�e”' name . is signed to the foregoing Deed and Deed of Assumption, bearing date the 5`4`day of August, 1982, has personally appeared before me and acknowledged the same in my State a d aforesaid. Given under my hand this day of August, 1982. My Commission Expires s ; 1� Y1� t�;,�l''• eA NOTARY P LIC • cn . d.L 0 it STATE OF VIRGINIA ,•f r� r.. n p OF , to -wits .. I� 41 II�C,4,-e a Notary Public in and for the State anda 4e^IC aforesaid, do hereby certify that Eddie Nelson and Naomi F...Nelson, his wife, whose names are signed to tho�foregoing Deed and Deed.of Assumption, bearing date the .5u.,day of August, 1982, have personally appeared before me and acknowledged the.same in my State and aforesaid. Given under my hand this day of August, 1982. My Commission Expiresi- NOTAWf PUBLIC JiRGINIA FREDS111CIC COUNTY, SCT.' This instrument of writing was -produced .to no on the -� day of • 2c�- , and with cerfificata of cknowl�dgmeat thereto�annelced yy s sdmitted to rocord. Tax lrilr)osed oy Sac. 3d•o4.1 of , and 5 -54 have been paid, if aases,s' Clerk w 3a s