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Home My WebLink About16-93 Zane & Betty Metz Sr - Shawnee - Backfiler" RECEIPT N12 028879 AMOUNT DUE AMOUNT A s J BALANCE $ r PAID BY CASH -C _ / OTHER D� FREE;I -_` �!1 r :F PLANNING AND DEVELOPMENT P.O. BOX 601, 9 NORTH LODUUN ST. WINCHESTER, VIRGINIA 22601 DATEa RECEIVED FROM ADDRESS 4 THE SUM OF, -- FOR �L L BY wv z_ �/3 DOLLARS $ DAY -TIMERS RE -ORDER No. 3221 DATE: TIME: NAME: Z��"� I -ICTZZ ADDRESS: s TAXMAP: ZONING: SUBJECT: C✓Ib� SEZGiL VIOLATION NO: PHOTOGRAPHER: (Z• LILLEY FILE COPY TO: FROM: SUBJECT: DATE: MEMORANDUM Finance Department Denice Cather, Clerk Typist7zpC Return Of Sign Deposit September 27, 1993 COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 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: Zane Metz 420 Pin Oak Lane Winchester, Virginia 22601 �- ';A- CO (L . -q� Please contact me if you have any questions. DRC/gll 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 i COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 September 24, 1993 Zane & Betty Metz, Sr. 420 Pin Oak Lane Winchester, Virginia 22601 Dear Mr. & Mrs. Metz: This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their meeting of September 21, 1993. Application #016-93 was approved for a .9' side yard setback variance for an existing house. This property is located off of Millwood Pike (Route 50E) at 105 Somerset Street, in the Shawnee District, and is identified as PIN 64A-10-1-193. 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: Monica Mauck, Law office of Larrick, Larrick, & Drown 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 BZA REVIEW DATE: 9/21/93 VARIANCE #016-93 ZANE & BETTY METZ, SR. LOCATION: Off of Millwood Pike (Route 50 East), onto Pembridge Drive, to 105 Somerset Drive MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 64A-10-1-193 PROPERTY ZONING & USE: Zoning - RP (Residential Performance) Land use - Single -Family Residential ADJOINING PROPERTY ZONING & USE: Zoning - RP (Residential Performance); Land use - Single -Family Residential VARIANCE: A .9' side yard setback variance on the east side of the house. REASON FOR VARIANCE: The applicant states that the reason for the variance is to bring the property into conformance with deed restrictions or county setback restrictions. STAFF COMMENTS: The side set 'back of 10' is to ensure adequate separation of dwellings and to ensure adequate light, air, and convenience of access. The building permit for this house shows an 11' side setback for the side of the house in question here. As placed, the house comes to within 9.11. Building inspection records indicate that a potential setback problem was identified at the footer inspection stage and the builder was advised to ensure the proper side setback was provided. It appears that the builder proceeded without doing SO. The house is noticeably close to the side lot line and has a slight crowding effect on the general character of the neighborhood. The house on the adjoining property is less than 20' away, according to 0 0 the applicant's drawing. The applicant has provided no comments as to a hardship related to the physical conditions on the property that would justify this variance. Staff sees no justification for the granting of this variance. The requirements of the Code of Virginia for the granting of a variance have not been met. STAFF RECOMMENDATIONS: Denial, based on lack of justification. tiQ2 f,21 Z81g�,� , ti puG�g93 G�1 page 1 of 5 APPLICATION FOR VARIANCE7p - p IN THE ANC COUNTY OF FREDERICK, VIRGINIA Subm Fee: Paid Sign Deposit ��-,e.s- initials: Sign Return Date: ing of MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner other (Check one) 2. APPLICANT: 3. OCCUPANT: (if different) NAME: ll-1�F7?y /'/E/ Z�� NAME: _ ADDRESS Ll Zd ► `AI DAK 14A14 ADDRESS: ZVIX/C Ic S �z z& c TELEPHONE: 703 '/ 7C—/G67 TELEPHONE: The property is located at (give exact directions and include State Route numbers): TVrAl ,Cet"7' i9c/Loss r2O►� G �%/�1o1o�s �N� r•��e�� &Pt� ,A'-j25r le1Q7-NJo �2v4kn ST T�irn Yl x 7� 1,6?-P7- 0A-, 7'o SO pi eRSC-7- brlut , 341 '46 t/ i /D_S Avfve- 4. The property has a road frontage of feet and a depth of /3& feet and consists of 1 acres. (please be exact) 5. The property is owned by ZA• ,F- �7Z _SiC Ae17 as evidenced by deed from ie4,, - recorded (previous owner) in deed book no. % on page /!e 0 of the deed books of the Clerk of the Court for Frederick County. Attach a copy of the deed. page 2 of 5 6. Magisterial District: 7. 14-Digit Property Identification No.: S. The existing zoning of the property is: I? 19 .L v- y "lliko „V A�G1993 EpE� ��AF.NL 9. The existing use of the property is: S/ti6 d-t 10. Adjoining Property: USE ZONING North fL"A1-/ R P East S,N& Li J-*'9 /<X South West N(yLb /fh1� J 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.") 4 .9 �;5 J b t A-1 A1t-yA !Z 11f,vGE' i s �/r �'>s r A o � T�•'� A-ST S 1 D � o� j�odsr' 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 iv TO L(J,y �a,r,.,� ✓c w , f-k ,� e e a( Coll .vey S�T4 �CK /C r Srrl�c ��a 5 13. Additional comments, if any Page 3 of 5 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 Rr^c 5 t, /4'grz OA/ Address l Property ID# 6y� -Address- / 0 3 50'"'Ele SCT R vN Property ID# Address C tW' 57- 4 �� r�-�v�4�+ STWA�-Z-7 A h ,-C. vA '/,0 4 Property ID# Address / Property ID# Address �R.v DC L PH T. �C t F Kr- ( ST) L • 5 -Property ID# 6y,4iolyo Address Property ID# Address Property ID Address Property ID Address Property ID# Address Property I Address Property ID 'Page 4 of 5 • • 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 Property YOUR PROPERTY Aooininq Property o v tion o -------- Ptpert Line i + ----------------------=Center of Rood ------- Rood SHOW THESE MEASUREMENTS AUG1993 RiEGEIVE®. ca OpT,, OF PtW'K i ;! ;AND OLVEI , Pn yPv� d� oCriq� 1, V r: Page 5 of 5 AGREEMENT VARIANCE # 0/4 "9 - 01 AUG 1993 RECENF-0 DEPT. OF PWrNINS AND DEVELOPMENT 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 DATE SIGNATURE OF OWNER DATE (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF ACTION: - DATE - APPROVAL DENIAL SIGNED:�j, gel BZA CHAIRMAN DATE: % 2 / ?,.3 County of Frecer:ck Foster PE?MIT NUMBER: 0000i57 - 93 ;inc^ester VA 22601 INSPEC'."M DATE: 2125/93 ;INSPECTION TiaE: i V ':DINER: *etz, Zane CON. RACTOR: Owner Contracted 420 Pinoak Lane ADDRESS: 0emaridae Heights, Lot 193 Winchester, VA 22601 00000 ' �"E: 703-679-1667 PHONE: 000 000 0000 DESCRIPTION OF CONSTRUCTION LOCATION '.AY xA? NO.: 64A 10 1 193 SE:TION: BLOCK: LOT: 193 BLDG '10.: ET-'AC!S: HEALTH PER'?T 0.: JiSTRICT: ST:O?iEWALL =RQ T: 30' BACK: 65' }LOODPLAIN: SUB -DIVISION: Pemhricae Heiahts RIGHT: 11' 'EFT: I" AREA: Red Bud Run ZONE: Residential Performance GREEN CARD: S/E CUP NO.: SITE PLAN: DIRECTIONS TO SITE: REMARKS: 5E GROUP: Use Group "R' Residential CONS.. TYPE: New ----------------------------------------- Bin. Site 28 X 28 'runs Roof YES =xrerior 2 X 4 # Stories 2 ^ccua Load Nose FIREPLACE, ote NOTES TO INSPECTOR: Lane 2:36 P.m. wed. 678-1667 Basement Conv. Roof Covering S:DINB # Bedrooms 3 'tote USE CODE: Single Family Dwelling SD FEET: 1568 Crawisoace YES Const. FRAME Floor ,iois 2 X 10 Floor Cov. CARPET interior N 2 X 4 Covering DRYWALL # Bathroom 2 1/2 Total# Ras 9 Note GARAGE /2 X 30, DECK Note i`15PECTION RESULTS: * *COMMENTS # aASS:FAIL: SCHEDULED INSPECTOR: ESE RESCHEDULE DATE: TIME: �1�. _ ,2 7744-1 1�� 7 C_ /�-'S e O .te� a 1� Lr h Less / erg 3o2_�e�L'��!_ 6,2 I ............................. 4 DrCK a 2S' 4 a sToR� Pejse OqL KoT Pk,4)v �-oY 0/93 ��.�� Al-e -4 be7Ty rz Ll COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 September 8, 1993 TO THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) The Application of: ZANE & BETTY METZ, SR. VARIANCE APPLICATION #016-93 FOR: a .9' side yard variance on the east side of the house. This property is located at 105 Somerset Drive, in the Shawnee District, and is identified as PIN 64A-10-1-193. This variance application will be considered by the Frederick County Board of Zoning Appeals at their meeting of September 21, 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/dc 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 This is to certify that 0 attached correspondence was m to the following on *ning September 8, 1993 from the Department of and Development, Frederick County, Virginia: 7iETZ , ZANE:: L.. Sk & J: E T'TY ..J 420 PINOAK LANE! WINCHE:S'TE:R. VA James L. Harmon 107 Somerset Drive Winchester, Virginia 22602 64A to 1 J94 H & H BUILDERS 2372 DOUBL..E CHUFi(: H RD STEPHE:.NS CITY, VA 22655.._ HOPK I NS , .JERKY L. i.03 SOMERSET DRIVE WI►+1CHE::STE: R , VA 22602 •_. 64A i U 1 WE) L.UC:AS, CHRIS'T'OPHER M & C:ATHERINE J 104 E:'TNAM ST WINCHE::STER, VA 64A 1U 1 139 ANDERSON , F RE.'DE R I CK W JR & SANDRA C 102 SOME RSET DR WINCHE:STER, VA 22602-.. 64A to 1 14U LEE, RANDOLPH T h KfilS'TI L_ MITES j U4 SOME RSE.T DR WINC;HE::S'TER, VA STATE OF VIRGINIA COUNTY OF FREDERICK - 5w�'� e� r 144�11 Ronald A. Lilley, Pann r II Frederick Co. Planning ept. L Renee' S. Arlotta , a Notary Public in and for the State and County aforesaid, do hereby certify that Ronald A. Lilley, Planner H, for the Department of Planning and Development, whose name is signed to the foregoing, dated September 8, 1993 has personally appeared before me and acknowledged the same in my State and County foresaid. Given under my hand this My commission expires on 8th day of September C7 N P SCULLY, THROCKMORTON d GLASS ATTORNEYS AT LAW 20 SOUTH KENT STREET WINCHESTER, VIRGINIA 22601 0 BK782PG 1 355 4> THIS DEED, made and dated this Q day of August, 1992, by and between WEISMAR BUDCO DEVELOPMENT COMPANY, a Maryland corporation, hereinafter called the Grantor, and ZANE L. METZ, SR. and BETTY J. METZ, his wife, 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 Grantor does grant and convey, with General Warranty and with English Covenants of Title, unto the Grantees, as tenants by the entirety in fee simple, with survivorship as at common law, together with all rights, rights of way, privileges, improvements thereon and appurtenances thereto belonging, all of the following realty: All that certain lot or parcel of land, together with all rights, rights of way, improvements thereon and appurtenances thereunto belonging, lying and being situate in Shawnee Magisterial District, Frederick County, Virginia, designated as Lot 193, Pembridge Heights, Phase I, as shown on the plat attached to the Deed of Subdivision and Dedication and, Easement dated February 21, 1989, and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 706, at Page 157, et seq.; and being the same property conveyed to the Grantor herein from Abrams Chase Limited Partnership, a Texas limited partnership, by deed dated August , 1992 and recorded in the aforesaid Clerk's Office immediately preceding the recordation of this deed; Reference is here made to the aforesaid plat, deed of Subdivision and Dedication and Easement, deeds and the references contained therein for a further and more particular description of the property conveyed herein. This conveyance is made subject to all legally enforce- able restrictive covenants and easements of record affecting the aforesaid realty. The Grantor does hereby covenant that it has the right to convey to the Grantees; that the Grantees shall have quiet and 1 • 0 SCULLY, THROCKMORTON d GLASS ATTORNEYS AT LAW 20 SOUTH KENT STREET WINCHESTER, VIRGINIA 22601 DK78'21'G1356 peaceable possession of the said property, free from all liens and encumbrances; and it will grant such further assurances of title as may be requisite. The execution of this deed has been duly authorized by the Directors of the Grantor Corporation and nothing in the Corporate Charter or By -Laws reserves the power unto the stockholders to convey a part of the corporate real property. WITNESS the following signature and seal: WEISMAR BUDCO DEVELOPMENT QP9WN, a Maryland Corporation BY: �' �� (SEAL) ICHEL E. MARCELLIN, President STATE OF VIRGINIA j County/rtt,y of To -wit: I, ` ) a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that MICHEL E. MARCELLIN, as President of WEISMAR BUDCO DEVELOPMENT COMPANY, a Maryland Corporation, whose name is signed to the foregoing Deed, dated -' �j- day of August, 1992, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this, day of August, 1992. My commission expires Y1A, A016'2)1"'_ Notary Public VIRGINIA: FREDERICK COUNTY, SCT. This instrun—:t rf produced to me on th9 +, ;.•: Yr� �} and with cc <:":�' ".1i3'^/I �ml� t I I�arc.a annexed was adimiti6 ax iiilpo., s 154.1 of ►°- have been paiU assessable. �r ssessable. CLERK 2 AUG— 1 8-93 WED 1 5 26 L"F_ R I 1= k:: L-ARR I CK861E)RO W N P 0 •, ,� Oil 7 • 1i• t•r .�,..• LOT 193 LQ lk TWZ7 STORY .;?'' ;:,, • ' ` �'r ro' u t�lTr � pRAlNAA� �:" • � y,:, _ n ` ' V7X/ }' o ELECT. ,' • � 1: " r `' .: �►' N ;4 t74'26x W 61. 00' ,,r• .'t: . m Ad MAW SOMERSET IDRI 50 r � I 4. r • t• L, .,. 11� •yl ' .I �j; • .t '; I'• ' ,� ±Y•' :.7`. '.. ..". it r r ,,;��. •'�' •� �': {'^ ' ..MOr'r�,L0iCr1TKW.�flR1�`Y r> � ''k �r ��r� Aso �•�� asn��cr ':` !L� CQtIlNTl; ' VIRG1N/A, •�' �•yjj4:+;' 'k'�.I! ot .: a r.t�'1�. 'ON KAT HAS 9M PP&AM *11-Ml THE KNOT Of A 71T FOORY DA M AUGUST 4 1993 APO OW NAT Y 044CAM ALL ENCUUNANCCS ON THE PlWMTY. ' OINVE7P A TE PUROIASFR: INLA40M WI0. t ii" 5^�>, Mfg ��y „ �•� � ' � , -' �/w I�V0 1/iY Na 510WJ PANEL: 0115 B aAT�: T�-1T-T� nfc�Irri:rrTs Y ENGINE ER$ to k.„ , PLANNER$ 4 {p. 17R ri 4 •' 3,p7 sHwN �DRN� 115q 17ANpOM HILk S , f�4AD P.O. 80X 2033.; SUITE_ 750 AROINIA 22GQ1 (�AIRI=aX, VI,RGINIA 224 0' r:' rCWSM9, HAY%Am "—t 4 Alt r ...,: ° {%n•ii !�—_ l�i 4- - r.