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HomeMy WebLinkAbout14-93 Ronald L Sine - Opequon - BackfileRECEIPT N2 02 {811 AMOUNT UUL $ AMOUNT PAID $ BALANCED E $ �- D PAID Y CASH ❑ CHECK ❑ OTHER ANNING AND DEVELOPMENT P.O. BOX WINCHESTER, VIRGINIA Z'601 RECEIVED FROM ADDRESS THE SUM O . C . )���� ��// L %�-/ —DOLLARS $ / D � � FOR BY DAY -TIMERS RE -ORDER No. 3221 — Printed in USA PIF-OFE" L�4"E�- DATE: 7 �93 TIME: NAME: MERTOW MAP IGAt4 TAX MAP: 06- A - 4Li ZONING: ACGE.�.x7lZy 6t-R'a -- SUBJECT: S « SE ► B,A�UC VIOLATION NO: PHOTOGRAPHER: 9• L i L. L E Y I July 21, 1993 Ronald L. Sine 1120 Rest Church Road Clearbrook, Virginia 22624 Dear Mr. Sine: COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their meeting of July 20, 1993. Application #014-93, for Merton Madigan, was approved for the expansion of an accessory building 60 square feet beyond normal expansion allowance. This will allow for the construction of the 24' x 24' expansion of the accessory building to within 10' of the side property line as requested in your application. This property. is located on Route 641 (Double Church. Road) in the Opequon District, and is identified:. as. PIN 86-A-49. If you have any questions: regarding. the approval of this variance, do not hesitate to call this office. Sincerely, Ronald A. Lilley Planner II RAL/slk cc: Merton A. Madigan 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 • FILE COPY • COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 MEMORANDUM TO: Finance Department FROM: Denice Cather, Clerk Typist SUBJECT: Return Of Sign Deposit DATE: July 21, 1993 The amount of $25.00 was deposited in line item #10-1911-08 for the person named below as a deposit for a sign. They have now returned the sign and are therefore entitled to the return of their deposit. Please send a check in the amount of $25.00 to: Ron Sine 1120 Rest Church Road Clearbrook, Virginia 22624 Please contact me if you have any questions. DRC/gll 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 BZA REVIEW DATE: 7/20/93 VARIANCE #014-93 RONALD L. SINE LOCATION: From Route 277 (Fairfax Pike) to Route 641 (Double Church Road), 1.2 miles on left, just before the first church. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 86-A-49 PROPERTY ZONING & USE: Zoning - RA (Rural Areas) Land use - Residential ADJOINING PROPERTY ZONING & USE: Zoning Use North RA Residential East RA Residential South RA Vacant West RP Vacant/Ag VARIANCE: 60 SF expansion of accessory building beyond normal expansion allowance. REASON FOR VARIANCE: The existing building is 101 from the side property line and is legally non -conforming. The current side setback requirement is 151. The applicant states that an addition is needed for storage of materials and that the topography does not lend itself to alternate locations for an addition to this building. STAFF COMMENTS: The side setback requirement of 15' is to ensure adequate separation of buildings and maintain the rural character of the district. The existing building was constructed prior to the 15' setback requirement. As a legal, non -conforming use, the non -conforming portion may be expanded up to fifty percent. In this case, the non- conforming portion is 120 SF, so the normal expansion allowance is for an additional 60 SF, making a total of 180 SF of the structure less than 15' from the side property line. The proposed expansion would make a total of 240 SF less than 15' from the side property line, so the 60 SF variance is necessary. This situation does not appear to meet the technical requirement for a hardship. There are alternatives available to the property owner for locating additional storage structures that would meet the current setback requirements. There does not appear to be any serious topographical condition that precludes this addition from being placed 5' further away from the property line. Also, since the applicant is the owner of the adjoining parcel, adjusting the property line by 5' could be easily done, which would make the entire structure conform to current setback requirements and the variance would be unnecessary. Any future owner of the adjoining parcel would enjoy the normal setbacks afforded by the zoning ordinance. While the technical requirement for a hardship is not met, this slight expansion beyond the normal allowance would not likely adversely impact adjacent properties or change the character of the district. A patio -type addition would not be subject to setback requirements, so a footer foundation has been allowed, with the understanding that it will remain unbuilt upon unless this variance is granted or a boundary line adjustment is done. STAFF RECOMMENDATIONS: Disapproval, based on lack of hardship. RED n page 1 of 5 APPLICATION FOR VARIANCE`,�.. 1, . IN THE 'VROWAy COUNTY OF FREDERICK, VIRGINIA MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner other . (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: G ADDRESS I RAC I ,E►.FG� w�F ADDRESS: /d'7-7 C"(,c k ,re, TELEPHONE: (a6QL_!jj q 4(7, TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): 8L F V 4. The property has a road frontage of feet and a depth offeet and consists of r;. iy j-, acres. (please be exact) 5. The property is owned by (Y1 ej-Ajo * ,-t_rA N601eu i a.J as evidenced by deed from f, � � .��; r orded (previous o er) in deed book no. '% on page of the deed books of the Clerk of the Court for Frederick County. Attach a copy of the deed. f JIIN1993 page 2 of 5AIM "nor. 6. Magisterial District: C)pE-&L)OO � 7. 14-Digit Property Identification No.: 86 - rA - daUs&WCn t 8. The existing zoning of the property is: F,,A 9. The existing use of the property is: KESa)Etq r/ AO-- 10. Adjoining Property: USE ZONING North F-0s. East 9CS, V South VA-Qkt q- ;;—"A West VAcANr A6, V—A 11. Describe the variance sought in terms of distance and type. (For example: "A 3.5' rear yard variance for an attached two car garage.") 60 5F APP t t O Not_ -a�x r kt IS (oN of Lila a-t..(.y 911ZOGQ"U(z6. EXtGT(tJ36 �t1 Ul1(LT 1►.1 !9(a917o IS l0' �oK �✓ CDE t t2o ��--C`� l.�t t.� E Cy R-� N i SC [$GIG �.t�1T IS 15 WMA i TD A9D To 'EX vST I N 6 B LAl . 12. List specific reason(s) why the variance is being sought in terms of: exceptional narrowness, shallowness, size or shape of property, or exceptional topographic conditions or other extraordinary situation or condition of property, or the use or development of property immediately adjacent thereto il%p Ay D ! i / o rJ top- eF i�t,47 E1ZJ �9-� 0POG-i�i4���-TX 6-S 47- LE ND 175 €LF 7D , 1,TT ZN'ATt-7 L�=ATiOl�, rv/Z�DT lil o�. 13. Additional comments, if any JU1Vig93 RECCEIV Page 3 of 5 Of qtA 14. The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the variance is being sought, including properties at the, sides, rear and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notified by mail of this application: (Please list complete 14- digit Property identification number) NAME Address Property 160"AWMwo W Address toy 5- h/� C'h'r i1n i ,.,. kldlr_ Property ID#26 a40A 400 6`,06 ;- Address 1G`f -7 0o401e, C_tIL rch Property ID# Z600 m0 A einoWn -:3 Address 1&,f9. Double- C'huzh /lao d t Property ID# c� D6O 4 AM AM) 5,?4 f` I 0,4 &)*V l� a Address Property ID#i/"®�c'� `ObE1d 4,6 0Or ss `760 S SVj // Property ID;F L906 6W .-Address- -Property /►'1�rtaU C1ai(e_`� ID# 26600 Q 600 COO �C—O Dup. Property ID Address Property ID Address Property I Address Property I i a ON.p`µ , t 1 ,RoN o25 E �a - 5 - Pr PC� � p.66 t oxjl to la o nw ESE°�GNs c-1 9 PRE"NGE Lv O G a \ \ < a N 0) \ \ 1 - WON 2 \ Co o un \ Q \ a \ o\ ST \ N fRtjAf , \ 1 \ � N 240 W- 105. 4' -- __ 105�4'_ _ _-7Z \ \- - IRON PIN IRON PIN IRON PIN PT. BEG. JUN1993 RCC EIVEL) NI NEVEN ROAD RT. 641 The above Plat is a Survey of a Portion of the riarguerite & Lawrence Madigan Land. The said Improved Portion fronts the northeastern boundary line of the Nineveh Road - Rt. 6111, and lies in 01)equon District, Frod- Brick County, Virginia; Beginning at an iron pin in the northeastern boundary line of Rt. 642, a corner to the Lot about to be conveyed to Clarence Lucas, which pin is located by mcauuring 105.4 ft. northwostwardly along the said boundary line from an iron pin corner to the Joseph 14adigan Lot, running with the said boundary line 11 240 Try - 105.4 ft, to an iron pin corner to the Retained Portion; thence with the two following lines of the said Other Land 21 540 E - 275 ft. to an iron pin; thence S 420 251 r - 95 fte to an iron pin corner to tho said proposed conv©yancc; thence with the northwestern line of the said Lot S 520 231 W - 307,65 ft, to the beginning, Containing - - 0.66 Acres. LET A. .:VWT� T, nn»+-4 r4-A i onr7 Cori te•nr+ EXISTING SHOP = 200 5F APP IT(oN = 574, sr NOR -CdNFoRMING FoR.TrotJ Lac IeTIWA : ISO 5c FKDfvsED : 120 5F r 0. Page 5 of 5 AGREEMENT VARIANCE # uN1993 izci; V ft tNE70 !+era �,��ft I I (we), the undersigned, do hereby respectfully make application, and petition the Frederick County Board of Zoning Appeals (BZA) to grant a variance to the terms of the Frederick County Zoning Ordinance as described herein. I agree to comply with any conditions for the variance required by the BZA. I authorize the members of the BZA and Frederick County officials to go upon the property for site inspection purposes. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the BZA public hearing and maintained so as to be visible from the road or right-of-way until the hearing. I hereby certify that all of the statements and information contained herein are, to the best of my knowledge, true. SIGNATURE OF APPLICANT (1Yl kCyt-e DATE SIGNATURE OF OWNER //.,P f��L� %�%,�t-G��,�DATE In .a kj cj (if other than applicant) �- -OFFICE USE ONLY- BZA PUBLIC HEARING OF APPROVAL DENIAL ACTION: - DATE - SIGNED: e 211_ "//"." a BZA CHAIRMAN DATE: '2 - 2 6 - 7�3 Page 4 of 5 0 E 15. Provide a sketch of the property (you may use this page). Show proposed and/or existing structures on the property, including measurements to all property lines and to the nearest structure(s) on adjoining properties. Please include any other exhibits, drawings or photographs with this application. Adjoining Prooerty YOUR PROPERTY Adjoining Prooert 'v u r iAddi " $ Pro erty Line i i -----------------------Center of Road ------- Road SHOW THESE MEASUREMENTS WL OF, RAW 0 0 COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 July 6, 1993 TO THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) The Application of RONALD L. SINE FOR MERTON A. MADIGAN VARIANCE APPLICATION #014-93 FOR: a 60 sq. ft. expansion of an accessory building beyond the normal expansion allowance. This property is located off of Route 277 (Fairfax Pike) on Route 641 (Double Church Road), in the Opequon District, and is identified as PIN 86-A-49. This variance application will be considered by the Frederick County Board of Zoning Appeals at their meeting of July 20, 1993, at 3:25 p.m., in the board room of the old Frederick County Courthouse, Winchester, Virginia. Any interested parties having questions or wishing to speak may attend this meeting. Sincerely, Ronald A. Lilley Planner II RAL/slk 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 This is to certify that tl-P,Iattached correspondence was mai* to the following on July 6, 1993 from the Department of Planning and Development, Frederick County, Virginia: Ronald L. Sine 1120 Rest Church Road Clearbrook, VA 22624 Merton A. Madigan 1077 Double Church Road Stephens City, VA 22655 David & Joan Ritchie 1045 Double Church Road Stephens City, VA 22655 Arminta Fridley 1047 Double Church Road Stephens City, VA 22655 Jerry Madigan 1049 Double Church Road Stephens City, VA 22655 April D. Madigan 153 Sherando Lane Stephens City, VA 22655 Louis & Betty Stelzl 968 Double Church Road Stephens City, VA 22655 STATE OF VIRGINIA COUNTY OF FREDERICK I, Renee S. Arlo Carol & Priscilla Madigan 1081 Double Church Road Stephens City, VA 22655 Gnu/ W. Wayne M' ler Frederick C6. Planning Dept. , a Notary Public in and for the State and County aforesaid, do hereby certify that Evan A. Wyatt, Planner II, for the Department of Planning and Development, whose name is signed to the foregoing, dated July 6, 1993 , has personally appeared before me and acknowledged the same in my State and County foresaid. Given under my hand this 6th day of July, 1993 My commission expires on August 31, 1995 NOT Y PU IC E FiNNMI11111 �B OTICAT LA�4 E BENT BUILDIN- WINQHESTER, VA. TIiIS DEED, made and dated the day of July, 1968, is between Clarence L. Lucas and Norma Mae Lucas, his wife, parties of the first part hereinafter referred to as the Grantors and Merton A. Madigan and Valley Vi.rvinia Madigan, 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 valuable considera- tions, receipt whereof is hereby acknowledged, the Grantors do hereby grant, bargain, sell and convey, with general warranty of title, unto the Grantees, as tenants by the entirety, in fee simple, with the right of survivorship as at common law, together with all. rights, privileges, appurtenances and improvements thereunto belonging, all that certain lot or parcel of land lying and being situate along the Northeast side of the Ninevah Road, Virginia State Secondary Road No. 641, about three miles East of Stephens City, in Opequon Magisterial District, Frederic County, Virginia, containing 0.73 acre, more or less, and described as follows: "Beginning at an iron pin in the Northeast boundary line of Route No. 641 at the Southwest corner of the 0.66 acre lok-previously conveyed to Merton A. Madigan, et ux, the Grantees herein, thence with the Southern line of said 0.66 acre lot North 520 23' East, a distance 307.65 feet to an iron pin at the Southeast corner of said 0.66 acre lot; thence with the line of Marguerite Madigan South 420 25' East, a distance of 95 feet, more or less, to the Northeast corner of the lot conveyed to Joseph Madigan by Deed dated November 20, 1943, and duly recorded in the Office of theClerk of the Cir- cuit Court of Frederick County, Virginia, in Deed Book 188 at Page 206; thence South 51.0 West, a distance of 21.52 rods, more or less, to an Torn pin in the Northeast line of the Nineveh Road, being the Northwest corner of the said Joseph Madigan lot; thence with the said Northeast boundary line of said Road North 240 Test, a distance of 105.4 feet to the point of beginning containing 0.73 acre, more or less; The foregoing is that exact same realty conveyed to the Grantors herein by deed from Marguerite Madigan and Lawrence Madigan, her husband, dated August 12, 1961, and duly recorded JUN1993 RECEIVED • • A BOOK 345 FnE 304 Rrml.:x a� nsom� TORNEY9 AT LA�V E RENT BUILDING INOHENTER, VA. in the aforesaid Clerk's Office in Deed Book 272 at Page 437. A reference to the aforesaid Deed and to the references therein con tained is hereby made for a further and more particular descrip- tion of the realty hereby conveyed. This conveyance is made subject to the restrictions, ease- ments, building lines of record, if any, affecting the aforesaid realty. The Grantors covenant that they have the right to convey said realty to the Grantees; that the Grantees shall have quiet possession thereof, free from all encumbrances; that they have done no act to encumber said realty and that they will execute such further assurances thereof as may be requisite. ^JITNESS THE FOLLOWING signatures and seals. 61ze�'_ SEAL CLARENCE L. LUCAS Z'e I- - . %%% �� n!4 SEAL) NORMC`A MAK. L CAS State of Virginia County of Frederick to -wit: I, a Notary Public in and for the state and county aforesaid, do certify that Clarence L. Lucas and Norma Mae Lucas, his wife, whose names are signed to the foregoinE instrument bearing date of _� "day of July, 1968, have person- ally appeared before me and acknowledged the same in my state and county aforesaid. Given under my hand this day of July, 1968. My Commission expires ) C1 fr" 9 Notary u lic V1(��41A �DERICK COUNTY, SCT. 7iin r iustrume t of writing was produced to aie on the 2526�% fi--------___dap, �. acknowl t thereto'"=----� ' %I and with certificate of annexed was mitt � � tax paid. to ord. And additional• JUN1993 t co cr®r*4 � REGE�V�D L LAW OFFICES HARRISON, BENHAM AND THOMA WINCHESTER, VA. THIS DEED, made this day of August, 1961, between P-iarguerite Madigan and Lawrence Madigan, her husband, of the one part, hereinafter called the Grantors, and 11erton A. Madigan and Valley W. Madigan, his wife, of the other 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 valuable consideration, receipt whereof is hereby acknowledged, the Grantors do grant and convey, with General Warranty of Title, unto the Grantees, as tenants by the entirety,' -in fee simple with survivorship as at common law, together with all rights, privileges, appurtenances and improvements thereunto belonging, all that certain lot or parcel of land, lying and being situate along the Northeast side of the Ninevel Road, Virginia State Secondary Road No. 641, about three (3) miles East of Stephens City, in Opequon Magisterial District, Frederick County, Virginia, containing 0.66 Acre, more or less, according to a plat and survey of Lee A. Ebert, Certified Land Surveyor, dated July 10, 1961, attached hereto and incorporated herein by this reference; and being a portion of -the land conveyed to the female Grantor herein by deed from Patrick C. Madigan, et ux, dated June 29, 1939, and duly recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 178, at Page 370. A reference to the aforesaid deed and to the references therein contained is Ihere made for a further and more particular description of the realty hereby conveyed. This conveyance is made subject to the restrictions, easements and building lines of record, if any, affecting the aforesaid realty. The Grantors covenant that they have the right to convey said realty to the Grantees; that the Grantees shall have quiet possession thereof, free from all encumbrances; that they have done no act to encumber said realty and that they will execute such further assurances thereof as may be requisite. j•?ITNESS the following signatures and seals: (r Ot J I marguer. e Madigan �uN�gg3 co ECE���� NS of .Poa o� SEAL) t • LAW OFFICES ARRISON, BENHAM AND THOMA WINCHESTER, VA. Lawrence Madigan STATE OF VIRGIIIIA, COMITY OF IREDERICK, To -grit: I, A. A. �c�� , a Notary Public of and for the State and County aforesaid, do certify that Marguerite Madigan and Iwrence iiadigan, her husband, whose names are signed to the foregoing instrument, bearing date on the �� day of August, 1961, have acknowledged the same before me in my State and County aforesaid. Given under my hand this Ail day of August, 1961. —i Commission Expires 1,1y commission expires January 25, 1964 -2- Notary Public JUNAg93 ! ®� 44 is O� NEFt `'P.o N Po 5 A2 \ � 0 6 6 P'G. s ,W �N Z o a � d d' c \ s s►'Z r l O \ \ i 1aON' 1 � 1 N 24 RON PIN AP 4�SJUN1993G. EIVE . '0ET, OT o ` W Po. a � C \ aN • 7 a`w \ U; 1p Z \ 1 O CS N \ �\ �0 1 N 1 10 5- 4' — I RO N PIN - IRON PIN PT. BEG. NI NEVEN ROAD RT. 641 The above Plat is a Survey of a Portion of the Marguerite & Lawrence Madigan Land. The said Improved Portion fronts the northeastern boundary line of the Nineveh Road - Rt. 641, and lies in Opequon District, Fred- erick County, Virginia: Beginning at an iron pin in the northeastern boundary line of Rt. 641, a corner to the Lot about to be conveyed to Clarence Lucas, which pin is located by measuring; 105.1� ft* northwostwardly along the said boundary line from an iron pin corner to the Joseph Madigan Lot, running with the said boundary lino N 240 W - 105.4 ft. to an iron pin corner to the Retained Portion; thence with the two f olloving lines of the said Other Land N 540 E - 275 ft. to an iron pin; thence S 420 25' E - 95 ft, to an iron pin cornor to the said proposed convoyancc; thence with the 0 northwestern line of the said Lot S 52 23' W - 307.65 ft. to the beginning, Containing - - 0.66 Acres, LE" A. FF3'r'.RT, Certified Land Surveyor, S17rVAVn(I .. - .. Tlily 10_ 19h1_ Co,-T- of Virginia ;i ILU-