HomeMy WebLinkAbout17-90 Jay M Russell - Gainesboro - BackfileUpon submittal of your completed application, a sign will be issued
to you for a fee of $25.00. This deposit will be refunded within
five (5) days after the sign is returned. <
AT LEAST SEVEN (7) DAYS BEFORE THE HEARING, the sign must be placed
at the property line and maintained until the date of the hearing.
Failure to comply means that your request will be tabled. I
UNDERSTAND THAT I AM REQUIRED BY LAW to display the sign provided
by the Frederick Co. Planning Department. I UNDERSTAND the terms
explained above. My signature verifies that I have received said
sign. (-N . -/) 1 A
Sona/ture
RECEIPT
1tqn
.- 022865
AMOUNT DUE
s -, 7,' r
AMOUNT PAID
BALANCE^DUE
PAID BY
❑ CASH
O CHECK
OTHER
FREE ICK COU`VTY DEPT. OF PUNNING AND DEALOPMENT
P. G. BOX 601 • 9 COURT SQUARE i
W NCHEZ11R, VIRGINIA 22601 • (703) 665-5651
i
i
DATES �^ _._ ^
RECEIVED FROM -__.. _.._ P.>'t�. C._�:�^_L�-i_.�.✓ / ,
ADDRESS
f
THE SUM OF +� 1" DOLLARS $
.1 FOR
i'i/� ` f r J� -Ctt .,•�--^i' ram^ ' CJ �i' ��y , !_.�,
BY
DAY -TIMERS RE -ORDER M. 3221 — P-Mcl In USA
0 County from f o C y o Frederick, Virginia
To ��G E Date % �V Time
❑ Reply ❑ Initial and return ❑ See me
p� -7111 g /
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.-HUTZLER'S EXCAVATING AND HAULING
RT. 1, BOX 92A
GERRARDSTOWN, W.VA. 25420
Phone (304)'229=5607
August 10, 1990
Estimate for Garage
Tocati on. Tor. 7av:.. rc1 T,a m .R��.ss ]. � • _
i
Rt. 5, Box 347
Winchester, VA 22601
1. Loader time for cutting site out level - 6 hours $ 240.00
2. Digging footers - 6 hours 240.00
3. 180 yards fill to bring site up level vdth east
side of building 1,500.00
4. Labor and roller for compacting fill 900.00
5. 8 loads topsoil for covering fill 560.00
6. 20 yards concrete for footers and ram for garage
entrance 1,200.00
7. Labor for finishing concrete + 600.00
$5,240.00
This estimate does not nclude any building structure of any kind. This
only covers site preparation for the construction of the structure_
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COUNTY of FREDERICK
Department of Planning and Development
703/665-5651
FAX 703/667-0370
August 23, 1990
Mr. Jay Russell
Route 5, Box 347
Winchester, Virginia 22601
Dear Mr. Russell:
This letter is to verify action taken by the Frederick County Board
of Zoning Appeals at their meeting of August 21, 1990.
Variance application #017-90 of Jay M. Russell was approved for a
10' side yard variance for a two car garage. This property is
located 13 miles down Apple Ridge Road on Route 654 in the
Gainesboro Magisterial District and is identified as parcel 80 on
tax map 22.
If you have any questions regarding the approval of this variance,
do not hesitate to call this office.
Sincerely,
W. Wayne riller
Zoning Administrator
WWM/slk
9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601
Variance #017-90
JAY M. RUSSELL
LOCATION: 13 miles down Apple Ridge Road, turn left on Route 674
to Rt. 654.
MAGISTERIAL DISTRICT: Gainesboro
TAX MAP & PARCEL #: Tax map 22, parcel 80
ZONING & LAND USE: Zoned RA (Rural Areas)
land use - residential
ADJOINING ZONING & LAND USE: Zoned RA (Rural Areas)
land use - residential
PROPOSED USE: Two car garage
VARIANCE: 10' side yard
REASON FOR VARIANCE: Construction of garage has begun without
meeting setbacks required for building permit. Due to location of
well, septic system, and floodplain, this is the only suitable
location for a garage.
STAFF COMMENTS: An adjoiner in West Virginia filed a complaint
against this garage, so there may be a perceived detrimental effect
on neighboring properties. After visit to the property, staff
believes that there is adequate distance from adjoining dwellings
and that the physical characteristics of the property lend no
alternatives for a reasonable garage location.
This application was tabled from the meeting of July 17, 1990.
ti 1
APPLICATION FOR VARIANCE
COUNTY OF FREDERICK, VIRGINIA
Variance Application No. ®,/ ,9 Submittal Deadline is A 2
Application Date /D • 0,0.90 For the Meeting of 7,/j7
Fee Paid° See a5°0 5�an
1. The applicant is the (owner) J (other) (check one)
2. NAME: � � &CSo'l I OCCUPANT: (If other than applicant)
ADDRESS: NAME:
ADDRESS:
TELEPHONE: TELEPHONE:
3. The property i located at (pleas give e �act directions)
I'"
i? � ) '� non �, ) T T-
4. The property has a fronta e of 32 Sr4 feet and a depth of
feet and consists of - Y acres. (Please be exact)
5. The property is owned by �\c�, a M i �5��J/ as evidenced by
deed from recorded in deef book no.
on page �� registry of the County of �^-e-
6. TL'ss property is desi nated as parcel no.70
on tax map no.
in the , Magisterial District.
7. Property Identification Number:
8. The existing zoning of the property is: Gt V��1
_I Jl s
9. The existing use of the property is:
� �JL.
10. The adjoining properties zoning is: (2 0V IC',U l �t,��e.
1 1 . The adjoining properties land use isJ--p-n-kv Iis '-I LIU"
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 property immediately adjacent thereto
J7t�e C— '7d 4-6) t_ A-'r 7At--A) 'es !`= "J CLC_ --" C-X)IrlL
JUN . 2 0 '9':" � ,
Page Two
Variance
14. The following are all of the individuals, firms, or corporations
--- owning property—adjacent--to---both- -side-s---- and---reiar--and--in--f-ront--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 .
II
Gox I cam
Address:
y�D //}� C ISTOtUVi �Nar��
1, U
Property ID#:
1 , Ud /10DO0000000 , -
2.
Address:
_
R) a Ik/ M CJI'esl r Va 2 Ao I
Property ID#:
3.
S c .rc�S
Address:
pO L3Z U)s
Property ID#
i1 0 0()0000 nnC)
4.
L i 4 ,dI VJ�
Address:P. ,
!lV r C. l G
G" �IOO
ProVD
y #`
oo() (7 0 0 00 00 0 `r )
5.
Rowan Cd
Addrep:
I5�-17nwoocl
Property ID#: '
"�110 0/4 ®00 00D a > '
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: // 7 Date9a
Signature of Owner:
For Office Use Only
ZONING APPEALS PUBLIC HEARING ACTION OF
Approval
Denial CHAIRMAN:
Date-Z-'70
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 1
Adjoining Property
YOUR PROPERTY
Adjoining Property
o
v
fD
T
t
N
r
—
Addi-i4—♦
tion
,
_J
o
Property
Line
-___Center of
Road
-------
Road
SHOW
THESE
MEASUREMENTS
-A:!)
i �d Jo► h ►h� prop Q_T+I�
BOOK 333 PACE 352
W
0
cc
O
C;
F y
4.02 AC.
C -ice
sue,
Irem
. oho s�0
O,
S
<19ti
0
•I
The above plat is a Survey of the Southwestern Portion of the Land
Conveyed to Aldin E. Belford by Deed dated 7 July 1962 in Deed Book 280
Page 566 (Also in Deed Book 219 Page 213 - Berkley County# West Virginia).
The said Land fronts the Eastern Boundary Lines of Rt. 654s just South of
The Virginia - West Virginia Lines and ilea in 6ainesboro (Formerly Stone-
vall)Diatricts Frederick County, Virginia=
Beginning at a post in the Eastern Boundary Line of Rto b i at the
P. C.s a corner to the Albert Brown Lands running with the two following
Boundary Linegs with the Am Line; 219.09 t• -( 01 ord- Linn-x-- -
218.12 ft. - Radius 673.68 ft.) to the P. To; thence N 040 251 - 105.10
ft* to an iron pin corner to the Retained Portion; thence with the two
following lines of the said Other Lend S 460 E - 601.96 fto toan iron
pin; thence S 220 25, W - .398.80 fte to an iron pin in the northeastern
line of the said Brawn Land; thence with the said Line N 3? 56, 16" W -
580.70 f t. to the beginning. —
Containing - - 4*02 Acres. (�
LEE A. EBERT*
Surveyed - - - May �5s 1967. Certified Land Surve or#
Comm., of Virginia # �}84..
.i
v1;tGjMA fREDW—CK COUNTY, SCf.
This irutrwn-n of rating was produced to me oo tM — day c4
/ /))• , and vnth cartif.cott of ocknowi.doment x9d vo& "ttod
SUN 2 0
• 0
COUNTY of FREDERICK
IDepartment of Planning and Development
703/665-5651
FAX 703 / 667-0370
August 7, 1990
TO THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S)
The Application Of: Jay M. Russell
Variance Application #017-90 of Jay M. Russell for a 10' side yard
variance for a two car garage. This property is located on Route
654 in the Gainesboro Magisterial District and is identified as
parcel 80 on tax map 22.
This application will be considered by the Frederick County Board
of Zoning Appeals at their meeting of August 21, 1990 at 3:25 p.m.,
in the Board of Supervisors meeting room, the old Frederick County
Courthouse, Winchester, Virginia. -
Any interested parties having questions or wishing to speak may
attend this meeting.
Sincerely,
a),
�/V
0A
W. Wayn Miller
Zoning Administrator
WWM/slk
9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601
This is to certify that the attached correspondence wa mailed to the following on
August 7, 1990 fro9he Department of Planning and + elopment, Frederick
County, Virginia:
.J(:, y Mf'SRK i
Ivy-
XitGE3•..1�'(:Id'tiY}, iz(8f:'f bJ: ... g}£:11"s=:.:S ,'�i.. )
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€:Y:)!.•.i...:t THIS.. 1•1[:1L•:ar^RX) W., I%,
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W. Wayne ller, Zoning Administrator
Frederick County Dept. of Planning
STATE OF VIRGINIA
COUNTY OF FREDERICK
I, Renee' S. Arlotta , a Notary Public in and for the state and
county aforesaid, do hereby certify that W. Wayne Miller, Zoning Administrator for
the Department of Planning and Development, whose name is signed to the foregoing,
dated August 7, 1990 , has personally appeared before me and
acknowledged the same in my state and county foresaid.
Given under my hand this 7th day of August , 1990•
My commission expires on March 23, 1991
AM i
A -
NOTARY PUBLIC
5L'%D' A'�
APPLICATION FOR VARIANCE
-- - - __ IN THE - - - --- -- --
COUNTY OF FREDERICK, VIRGINIA
Variance Application No. 60&— q 0 Submittal Deadline is p
Application Date For the Meeting of
Fee Paid
1. The applicant is the (owner) r/ (other) (check one)
2. NAME: OCCUPANT: (If other than applicant)
ADDRESS/JA7/� a-�_ NAME:
ADDRESS: _
TELEPHONE: TELEPHONE:
3. The property is located at (please give exact directions)
05 i 1 E 1Z i; J -r-1j R > o v n N C g Tel r %i r x%- f3
�7 -r ti 13 E A( ;HE
'3 e 4 5 1 E! (<� IS i` ti ►- D tAll F2 c)
4. The property has a frontage of feet and a depth of 13c, Q / Al
P Y g �-'�': 0(� P / �'f- � 7/ 5
feet and consists of .�L4- acres. (Please be exact)
5. The property is owned by ,5
L, ri deed from 6aAL., Af
on page 7p 7 , registry o
!: ref' �RI�C�F�icKas evidenced by
recorded in deed bop k no. 10_
to County of �yt.�,G�►�K.
6. This property is designated as parcel no. --- 2 on tax map no.
7&E_in the p�lr,„� Magisterial District.
7. Property Identification Number:%��EDp-Qp3�CaG1Gb-GL'i�2'bb�-,C�
8. The existing zoning of the property is: IP
9. The existing use of the property is: '�ESI'DEWAIIAa-
10.
The
adjoining
properties
zoning is:
11.
The
adjoining
properties
land use is:G��pE^}T7%,.
12. Describe the variance sought
in terms of distance and
type. (For
example - A 3'
rear yard variance for an attached two
car garage.)
A � � S ii P _
y� R P C ti,= i; ; 1-(
5 1 'D w ) r' c K /? AN 1-9' % 1')? C'_ iT L'D
A H iN R v e A i
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. -%he following are all of the individuals, firms, or corporations
- - owning property -adjacent to both side's and -rear and in front of--
(acrossstreet 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)
IA%, ►v 0
1 .�aRrH4J�, fo4WC
Address:
Property ID#:
95-r0000 3 6, O000 00 zoo 9
2.� ,SEp,�
Address*
4 71�2- /� I ";6 (�
Property ID#:
2 J A� nu'JU 6-0a o oU L U d QCj b
3. K,IgKlts jdrfN /�.
A � re'6 * Cr ,fit; 12- �u�Dc C �.rcrl
roperty ID#
ZS'IE 0000 56 doOV6v 2 &J9(V v
4. e ERKA1
Address:
q 7q 3 4,
Property ID#:
?S"&' v000 Z. v i 3 v aib
5 . #44&1(� AgY 4-,
Address: p /
Property ID#:
7,_ aau)iv uvc,_) az
6• r7-e �es_? -
Add
Y-7ess:
cf
Property ID#:
7S_Ltdaoe-, 3a6D00690 Z oCj 0
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
Applican`
a
Dat
of
Signature
I �
of Owner: �- (����c.�r� �J�,Lc�._�,�
v
Date��,
For Office Use Only
BOARD OF
ZONING APPEALS PUBLIC HEARING ACTION OF (date)
DApproval
Denial CHAIRMAN:
•
July 3, 1990
COUNTY of FREDERICK
Department of Planning and Development
703/665-5651
FAX 703/667-0370
TO THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S)
The Application Of:, Jay M. Russell
Variance Application #017-90 of Jay M. Russell for a 10' side yard
variance for a two car garage. This property is located on Route
654 in the Gainesboro Magisterial District and is identified as
parcel 80 on tax map 22.
This application will be considered by the Frederick County Board
of Zoning Appeals at their meeting of July 17, 1990 at 3:25 p.m.,
in the Board of Supervisors meeting room, the old Frederick County
Courthouse, Winchester, Virginia.
Any interested parties having questions or wishing to speak may
attend this meeting.
Sincerely,
W. Wayne Miller
Zoning Administrator
WWM/slk
9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601
This is to certify t the attached correspondence w*elopment,
mailed to the following on
July 3, 1990 frohe Department of Planning and Frederick_
County, Virginia:
bJ:#:t:lt:;1••Ili:::i�'i'1i:a°c:, 5''i'•ln
X1.*41:.:1..R°'t:1R;:X), t;.faR y W. zX00:113 11N .
f:;L•i:i�#a6`�#4Ji}f"a'T'{lf:li,, W nve!`j
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t::C.'.I.,,I...:C1* IR 110WARX) 1"')
STATE OF VIRGINIA
COUNTY OF FREDERICK
I� Renee' S. Arlotta
0• �/), 4
W. Wayne t
Frederick
ler, Zbning Administrator
unty Dept. of Planning
, a Notary Public in and for the state and
county aforesaid, do hereby certify that. W. Wayne Miller, Zoning Administrator for
the Department of Planning and Development, whose name is signed to the foregoing,
dated July 3, 1990 , has personally appeared before me and
acknowledged the same in my state and county foresaid.
Given under my
hand this
3rd
day
of July �1990
My commission
expires on
March
23,
1991
4
1
#6838
JAY MARK RUSSELL, ET UX
TO: DEED OF ASSUMPTION
JAY MARK RUSSELL
****************************
SGII:paf
1 5760
12-5-85
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HG31PG374
THIS DEED OF'ASSUMFTION, made and dated this 6th day
of December, 1985, by and between JAY MARK RUSSELL and SYLVIA
ANNA RUSSELL, his wife, parties of the first part,.hereinafter
called the Grantors, and JAY MARK RUSSrl,L, homme sole, party of
the second part, hereinafter called the Grantee.
WITNESSETH : That for and in consideration of the sum o
Ten Dollars ($10.00), cash in hand paid, and other good and
valuable consideration, the receipt of which is hereby
acknowledged, the Grantors do hereby grants 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
56•1.1-19.1 ai:d 5G•1.1-21, Code of Virginia, 19�0, as amended, all
I
Itliat certain lot of land, containing 4.02 Acres, more or less,
lying in Gaiiicsboro (formerly Stonewall) Magisterial District,
Frederick County, Virginia, situate along -the East side of
aou.Le 654, and more particularly described by a plat and survey
,of lee A. Ebert,.._C.L.S., dated May 25, 1967, attached to a deed
Irecorded in the Office of the Clerk of the Circuit Court of
(Frederick County, Virginia, in Deed Book 333, at Page 351; and
being tha same property conveyed to the Grantors herein by
Dood, dated December 3,, 1985, from Russell. J. Urquhart,. et ux,
Ilof record in the aforesaid Clerk's Office in Deed IIook,60G,
i
n`%LI --�
!j 4 JON20
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BI(63 1 PG375
at Paco 811. Roferenco is made to the aforesaid plat of
survey and deeds for a more particular description of the
property conveyed herein.
The Grantee herein as part of the consideration for
this conveyance does hereby agree to assume that certain
indcLtedne,s payable to First Federal Savings and Loan
Association of Front Royal, Virginia, secured by a deed of
trust, dated December 3, 1985, executed by Jay M. Russell and
Sylvia A. Ituaaell, Ills wife, to IhIgh D. McCormick, of al,
Trustees, of record in tho aforesaid Clerk's office in Deed
Book 606, at Pagc 813, and the Granten herein hereby oxecutca
and acknowledges this instrument for the purpose of complying
with the provisions of the said Deed of Trust. '
This -conveyance is made subject to all casements,
rights of way and restrictions of record affecting the subject
property.
Tho property heroinabovo 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 propert,
Lung hereby expressly excluded, with full and complete power in
''^ said Crantee to sell, convey, encumber by deed of trust, or
-2-
9
OK631Fc376
o Uicrwi-se dispose of said property during his lifetime without
the necessity of any present or of any future wife uniting in
I
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.
Except as noted above, the Grantors do 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 will grant
such further assurances of title as may be requisite.
WITNESS the following signatures and seals:
- lvo./ 14&'
. (SEAL)
J Y /�111RK RUSS L , Grantor
--L',,!�(�-1 (SEAL)
SyLV1A AT1N RUSSL•'LL Grantor
i
(SEAL)
Lee
STATE OP VIRGINIA, AT -LARGE:
CITY j QtMIMY,Y OF — W:CNCIIf S'rrR , TO -WIT:
I, PATRICIA A. I IRESIIEETS , a Notary Public
in and for the State and jurisdiction aforesaid, do hereby
-3-
7
J77
Blt631FG377
certify that JAY MARK RUSSELL, as Grantor and as Grantee, whose
name is signed to the foregoing Deed of Assumption, dated
(Dcce,nber Gth, 1985, has personally appeared before me and
acknowledged the same in m State and jurisdiction
Y 3 coon aforesaid.
Given under my hand this 15t1i day of January; 1936.
;;i?�•'': My Commission expires Octobor 1, 1989
NOTARY PUBLIC
I
STJxTE 01" VI1:GINIA, AT -LARGE:
CITYAML:._I:f 01' WINCHESTER , TO -WIT:
I, PATRICIA A. FTRESIIE"I'S , a Notary Public in
ai,d for the SL-aL•o and jurisdiction aforesaid, do Hereby certify
that SYLVIA ANNA RUSSELL, whose naive is signed to the foregoing
Deed of Assumption, dated December Gth, 1985, ha_- personally
appeared before me and acknowledged the same in my State and
jurisdiction aforesaid.
Given under my hand this 14th day of January, 1986
.I.:' '• My Commission expires October 1, 1989
NOTARY PUBLIC
.MPNIA FIV 1';( h f'(.00Ni)'. •'.'1. � r s
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FREDERICK COUNTY DEPARTMENTS OF PLANNING & BUILDING
Complaintant: L
Address:
Telephone: (Home
VIOLATION OR COMPLAINT
0
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Property Information
'Date:
Time:
Recd. By:
Owner/Occupant: :
`��; S� CL(, Zoning:Address: ZK�i
Property Identification No.
Subdivision: Lot: Block: Section:
References: Case No. Building Permit No.
Zoning Ordinance Section(s):
Building Code Section(s):
Instructions to inspector:
Inspectors Report
Inspection Dates:
Observations:
Actions Taken: 0
Approval for Legal Action: Court Dates
Court Action:
Inspecror's signature:
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