HomeMy WebLinkAbout01-94 Fred E Unger - Gainesboro - BackfileRECEIPT FREDEF.. ' ! PLANNING AND DEVELOPMENT
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DAY -TIMERS RE -ORDER No. 3221 — Prmbtl 0 USA
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COUNTY of FREDERICK
Department of Planning and Development
703 / 665-5651
Fax 703/678-0682
March 16, 1994
Mr. Fred,E. Unger.
1012 Old Bethel Church Road
Winchester, VA 22603
Dear Mr. Ting6ri
This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their
meeting of Match 15, 1994,
Your application #001"94 was approved for a 3. V side yard and a 5.5' rear yard setback
variance for an existing house. Thl'S property is located 4 1/2 miles north of Winchester on
Route 522 North (North Prade-rick Pike) in the Gainesboro District, and is identified as PIN 30-
A-141.
If you have any questions regarding your variance, please do not hesitate to call this office.
W. Wayne iller
Zoning Administrator
WWM/slk
9 North LOLOOL111 SH-M P.O. Box 001
Winchester, VA 22601 Winchester, VA 22604
0 0
___ COUNTY of FREDERICK
Dcpartincnt of Planning and Development
703 / 665-5651
Fax 703 / 678-0682
MEMORANDUM
TO: Finance Department
FROM: Denice Cather, Clerk Typist H
SUBJECT: Return Of Sign Deposit
DATE: March 30, 1994
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:
Mr. E. Fred Unger.
1012 Old Bethel Church Road
Winchester, VA 22603
Please contact me if you have any questions.
9 North LOUdoUn Strect P.O. Box 601
Winchester, VA 22601 Winchester, VA 22604
I
PT.
BEG.
N RT 14
G 1�-14bt- PIKE
si
--J 6 2 2' 5 9 E 649 22' 25' - 12 -.12'
112.03' ARC .4�4'
a)
2 STOR-r- V6
0z
No. 36.,
DECK
PARCEL ,3
PARCEL
/ 4
/�o -- 60 -
o—IRON PIN (FOUND)
cD—IRON PIN (SET)
4 .1
16
BZA REVIEW DATE:
3/15/94
VARIANCE #001-94
FRED E. UNGER
LOCATION: 4 1/2 miles north of Winchester on ,Route 522, second
house on left from Route 608.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 30-A-147
PROPERTY ZONING & USE: Zoning - RA (Rural Areas)
Land use - Single -Family Residential
ADJOINING PROPERTY ZONING & USE: Zoning - RA (Rural Areas)
Land use -Single-Family
Residential
VARIANCE: A 3.1' side and a 5.5' rear yard variance for an
existing house.
REASON FOR VARIANCE: House was recently constructed and was
located in violation of setbacks.
STAFF COMMENTS: Required setbacks were clearly indicated on the
building permit for this structure and were not followed.
Applicant states that he had to put the house at this location in
order to get the septic field installed in the approved location.
Septic field locations cannot be allowed to drive the location of
structures. If the property cannot accommodate the structure in
the proper location then other arrangements should be made. This
is clearly a self-inflicted violation which does not qualify as a
hardship other than the fact that the construction of the house has
been completed.
STAFF RECOMMENDATIONS: Denial because self inflicted violations do
not qualify as justification for approval.
page 1 of 5 APPLICATION FOR VARIANCE
IN THE
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:
(%I k% NAME:
ADDRESS/
O/,'2 O'LfX (�" G�j,�,� �jj �tiL ADDRESS:
TELEPHONE: 616 %- 7 4-14/ TELEPHONE:
3. The property is located at
State Route numbers):
4.
(give exact directions and include
?A
The property has a road frontage of 3 O &-• l so feet and a depth
of 3°``�'9 _feet and consists of l- 7,g j_ acres. (please be
ex)
5. The property is owned by
as evidenced by deed from`Q�ai a/a. sue,"; t�h��g�N ecorded
.i
(previous ownet)
in deed book no. ?(t Q on page % of the deed
books of the Clerk of the Court for Frederic County. Attac
a copy of the deed.
•
page 2 of 5
6. Magisterial District: (�l4 11V ESR�nj
7. 14-Digit Property Identification No.:U
8. The existing zoning of the property is: ��]L
9. The existing use of the property is: IZtSI2E,rUY1AL,
10. Adjoining Property:
USE ZONING
North 2�S (�}--( �G IRA
East ' -E4* t2EWTl,+
South 5lea-)T-f 4 L,
West
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.")
3.1 :!5/7P C YA e-1b A--1i -D
9b t-o2t AAl cC' 4*- 6 P- e. l 57-1 Ai
� c9-c.LS G t
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
A � �
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
,"','dress -
Property ID#
r- P'� I C;:_ e'
IvdZ:'C
4(,)ob&-c--� �- . C,I0-r1'--
�OS5 R' �V.C'd e_
Address-�Z` I c D`� r� �... �: /�� .2 , Z��e•2 ���5
Property ID# I.•��3
Addressa'711 '2 c?''
Property ID#. D C} cr v j� f' 7 13
Address UZ. ffJ 4 Z b .
Property
Address 1 ;� < �.��r y_
Property ID#I if a o v� D
Address
Property ID#
Address �C (oq � l r e�� r icK� P K �-
Property ID#� 4 /
Property ID#
Address
Property ID#
Address
Property ID#
Address
Property ID#
Page 5 of 5
AGREEMENT
VARIANCE # bo► -Q 4
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 ��--' -, i
SIGNATURE OF OWNER DATE
(if other than applicant)
-OFFICE USE ONLY-
BZA PUBLIC HEARING OF
APPROVAL
II DENIAL
ACTION:
- DATE -
SIGNED: . I?/.- J
�4-
BZA CHAIRMAN
DATE: 3' /, ` *7!
NORTH FREDERICK F ..._
PT.
CHORD
BEG.�� S 360 22' 59" E S 34" 22' 26" E - 194.12'
Lo
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N N
J
} CL
C'
co a.
im
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a
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w
112.03* ah ARC 194.16' POLE — ph _
R 2.768.46'
— F _ POLE
—D—
/
/
/
i
1.732 ACRES
N / �
W Q/i e.
t� / l M
to N �
Z / / (D
2 STORY
w SIDING HOUSE
o° ' � Q
co
No. 3641'
DECK
N 22, 09,28" �
P 21124.
ARCEL 3 0
PARCEL
4
O—IRON PIN (FOUND)
p—IRON PIN (SET)
H. U. D. FLOOD ZONE C:
AREA OF MINIMAL FLOODING.
THIS IS TO CERTIFY THAT ON JANUARY
20, 1994, 1 MADE AN ACCURATE SURVEY OF
THE PREMISES SHOWN HEREON AND THAT
THERE ARE NO EASEMENTS OR ENCROACH-
MENTS VISIBLE ON THE GROUND OTHER
THAN THOSE SHOWN HEREON.
TITLE REPORT NOT FURNISHED. THIS
SURVEY IS SUBJECT TO ANY FACTS THAT
MIGHT BE DISCLOSED BY A FULL AND
ACCURATE TITLE SEARCH.
L ALL EN EBERT
(LICENSE) No.
1498
t�� svRVE
NOTE: FREDERICK COUNTY ZONING ORDINANCE
REQUIRES 50 FT. SIDE AND REAR SETBACK -
SECTION 165-55-C.
C�
o _lYcli
po
` /
GAINESBORO DISTRICT
FREDERICK COUNTY
VIRGINIA
PARCEL I
DIVISION OF
NESMI TH LAND
The accompanying Plat represents a Boundary Survey of PARCEL 1,
DIVISION OF THE LAND OF ROYAL NESMITH AND DOROTHY
NESMITH, conveyed to Fred E. Unger and Ellie L. Unger by Deed dated 5 June
1991 in Deed Book 760, Page 1729. The said improved Land, designated as No.
3641, fronts the Southeastern Boundary Line of North Frederick Pike, U. S. Route
522, and lies in Gainesboro District, Frederick County, Virginia:
Beginning at an iron pin (set) in the Southeastern Line of North Frederick
Pike, a corner to the Lauck Land; thence with the two following said Lines, S 36°
22' 59" E - 112.03 ft.; thence with the Arc Line 194.16 ft. (Chord S 34' 22' 26" E
- 194.12 ft., Radius 2,768.46 ft.) to an iron pin (found), a corner to Parcel 2;
thence with the Northwestern Line of the said Land, S 71 ° 46' 23" W - 325.93 ft.
to an iron pin (found), a corner to Parcel 3; thence with the Northeastern Line of
the said land, N 22° 09' 28" W - 211.24 ft. to an iron pin (found) in the
Southeastern Line of the said Lauck Land; thence with the said Line, N 53 ° 40'
51 " E - 264.60 ft. to the beginning.
Containing: 1.732 Acres
Surveyed: 20 January 1994
.o
L Y_N EBE(LIC SE7 Na
1498
t
�f►n stm
COUNTY of FREDERICK
Department of Planning and Development
703 / 665-5651
Fax 703 / 678-0682
March 1, 1994
TO THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S)
The Application oh FRED E. UNGER
APPLICATION #001-94 FOR: a 3.1' side and a 5.5' rear yard variance for an existing
house. This property is located 4 1/2 miles north of Winchester on Route 522 North (North
Frederick Pike), in the Gainesboro District, and is identified as PIN 30-A-147.
This variance application will be considered by the Frederick County Board of Zoning
Appeals at their meeting of March 15, 1994, 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,
W. Wayne Miller
Zoning Administrator
WWM/dc
9 North Loudoun Street P.O. Box 601
Winchester, VA 22601 Winchester, VA 22604
This is to certify th the attached correspondence w*lopment,
ailed to the following on
March 1, 1994 fro e Department of Planning and Frederick
County, Virginia:
30 A 147
UNGER, FRED E &
ELLIE: L
1012 OLD BETHEL
CHURCH RD
WINCHESTER, VA.
2260','3---
30 A 1,47A
GARDNER, EUGENE
GORDON
1571 OLD BETHEL
CHt.)RCH RD
WINCHESTER, VA
22603-
30 A 147F
PRINTZ, CHARLOTTE
3:
RT. 2 BOX 840
WINCHESTER, VA.
22601-
30 A 130
t-AUCK, ELMER H &
PHYLLIS 9
-3661 N FREDERICK
PIKE
WINCHESTER, VA
22603-
30
A 170
NICHOLSON, GLENWOOD F.
j.115 DICK'S HOLLOW ROAD
WINCHESTER, VA
22603-
30
A 148
CLARK, ROBERT L JR
3669 N FREDERICK PIKE
WINCHESTER, VA
22603—
30
A J.49
&
MEAD, ROSS B.
3691 N FREDERICK PIKE
W. Wayne Mil r,
ZoAing \Administrator
WINCHESTER, VA.
22603---
Frederick C�nty
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 March 1, 1994 , has personally appeared before me and
acknowledged the same in my state and county foresaid.
Given under my hand this I day of March
My commission expires on August 31, 1995 _
1994 .
J
ill
page 2 of 5
6. Magisterial District: (�l4 //V Fsan&
7. 14-Digit Property Identification No.: 36 17 7
8. The existing zoning of the property is: 9a �Q-L yew
9. The existing use of the property is: 4E�,1 E,&!r1AL
10. Adjoining Property:
USE
OIL
•� 00
•
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.")
�t9-c.L 5 C
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
"�L"" - - Q - -- V
1 _ Arir1 i i- i nnn 1 nnmmcntc
0-1 -
if anv
0
0
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
•
0
�l
THIS DEED made and dW this ;�,c_ day of ✓ �. ,
1991, by and between DALE E. CLEMONS and BETTY J. CLEMONS,
his wife, hereinafter referred to as the Grantors; and
FRED E. UNGER and ELLIE L. UNGER, his wife, hereinafter
referred to as the Grantees.
WITNESSETH: That for and in consideration of
the sum of Ten ($10.00) Dollars, cash in hand paid, and
other good and valuable consideration, the receipt of which
is hereby acknowledged, the.Grantors do hereby grant and
convey, with general warranty of title, unto the Grantees,
in fee simple, jointly, as tenants by the entirety with
the common law right of survivorship, all of that certain
parcel of land, lying and being situate in Gainesboro
Magisterial District, Frederick County, Virginia, containing
1.732 Acres, more or less, designated as PARCEL "1" on
that certain plat and survey dated February 15, 1980, prepared
by Lee A. Ebert, C.L.S., said plat attached hereto and
by this reference made a part of this deed, for a more
particular description of aforesaid conveyance; and being
the same property conveyed to the Grantors herein by deed
dated 19o(), of record in the Clerk's office
of the Circuit Court of Frederick County, Virginia, in
Deed Book !,—/ Page 1, e /
This conveyance is made subject to all easements,
rights of way and restrictions of record affecting the
subject property.
0
8K7601730
The Grantors do hereby covenant that they have
the right to convey to the Grantees, that the Grantees
shall have quiet and peaceable possession of said property,
free from all encumbrances.
WITNESS the following signatures and seals:
(SEAL)
DAL E. CLEMONS
t' T C� .Q2 (SEAL)
BETTY JP CLEMONS
STATE OF VIRGINIA, At Large
�/ OF to -wit:
_i
The foregoing instrument was acknowledged before
me this _�•�(,day of 1991, by Dale E. Clemons
and Betty J. Clemons, his wife.
My commission expires
MY 00111rnksion Expires February 28,1993
Notary Public
2
.• `'�
D I FAMILY VARIANCE GRANTED:
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_ 3 6 0 . 0 IRON PIN CNo. S79 427I W NIaM
W.O. 1ROIIN S 776 041 0511 W PT. aM "4' 151. 69'
'IRGINIA ROUTE 608
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•
B�►1 l l� 1 �'
The Accompanying Plat is a Survey of the REMAINING PORTION (LESS the
Portion conveyed to the Commonwealth of Virginia by Deed dated 12 March 1937
in Deed Book 174 Page 90 - the Portion conveyed to Carlton I. Printz, Jr.
and Charlotte I. Printz by Deed of Correction dated 21 July 1959 in Deed
Book 258 Page 407 and the Portion conveyed to the Commonwealth of Virginia
by Deed dated 29 January 1970 in Deed Book 361 Page 338) of the Land -
Tract l,and Tract 2 - conveyed to Royal. Nesmith and Dorothy Nesmith by
Deed dated 15 February 1930 in Deed Look 159 Page 479. AND the Land (By
this survey a Portion of Parcel 4) conveyed to Carlton I. Printz, Jr. and
Charlotte I. Printz by Deed of Correction dated 21 July 1959 in Deed nook
258 Page 407. The said Land - Parcel 2 and Parcel 4 Improved - fronts the
Southwestern Highway Boundary Lines of U. S. route 522 and the Northern
Boundary Lines of Route 608, and lies in Gainesboro District, Frederick
County, Virainia:
PARCEL "1" - 1.732 Acres: Beginning at a point in the Southwestern
Highway Boundary Line of L. 6. Route 522, a corner to the Lauck Land,
running with the two following Highway Boundary Lines S 360 22' 59" E -
i112.03 ft. to a Highway Monument; thence with the Arc Line 194.16 ft.
(Chord S 34o 22' 26" E - 194.12 ft.) to an ironpin corner to Parcel 2; trance
with the Northern Line of the said Land S 710 46' 231: W - 325.93 ft. to an
iron pin corner to Parcels 4 and 3; thence with the Eastern Line of the said
Parcel 3 - N 220 O4' 28" W - 211.2.4 ft. to an iron pin in the Southeastern
Line of the said Lauck Land; thence with the said Line N 530 40' 51" F. -
263.Q4 ft. to a metal post, and continuing N 530 40' 51" F. - 264.60 ft.,
IN ALL, to the beginning.
PARCEL "2" - 1.768 Acres: Beginning at an iron pin in the Southwestern
Highway Boundary Line (Arc Line) of U. S. Route 522, a corner to Marcel 1,
running with the said Arc Line 210.00 ft. (Chord S 300 11' 30" F, - 209.95 ft.)
to a Highway Monument; thence with the five following Boundary Lines of
Route 608 - with the Arc Line 73.62 ft. (Chord S 280 07' 50" W - 62.39 ft.);
thence S 840 16' 47" W - 86.54 ft. to a Highway monument; thence S 050 43' 13"
F - 5.0'ft.; thence S 820 20' 20" W - 76.05 ft.; thence with the arc Line
151.74 ft. (Chord S 790 42' 13" w - 151.69 ft. - R. 1,649.50 ft.) to an
iron pin corner to Parcel 4; thence with the Eastern Line of thesaid Land
N 220 09' 28" W - 200.20 ft. to an ironEin corner to Parcels 3 and l;thence
with the :southern Line of thesaid Parcel 1 - C1 710 46' 23" E - 325.93 ft.
to the beginning.
PARCEL "3" - 2.791 Acres: Beginning at a point in the Northern Boundary
Line of Route 608, a corner to the Church Lot, the said point being N 340 42'
' with the two following
46" W - 6.76 ft. from a large white oak tree, running
Lines of the said Church Land N 34
o _ 47.29 ft. to a large white
oak tree{ 94ft.48o a post corner to the Lauck Land;
thence N 230 10' E T 75.2
thence with the two following Lines of the said Land N 210t54' 08" E
109.80 ft. to a post; Pin
0
thence N 530 40, 51" E - 532.14 ft.
corner to Parcel 1; thence with the Western Line of the said Land S 220 -
28" E - 211.24 ft. to an iron pin corner to Parcels 2 and 4; thence with the
two following Lines of the said Parcel 4 - s 640 3 4„ 251.63
ft. to
ironthe
a post, thence S 160 58' 20" W - 165.00 ft. to an Pin in
rn
Boundary Line of Route 608; thence with the said Line S 770 04' 05" W -
283.9? ft. to the beginning.
PARCEL "4"- 1.168 Acres: Beginning at an iron pin in the �dorthern
running with. the Western
Boundary Line of Route 608, a corner Wto 2003 Parcel20 ft. to an iron pin corner to
I.1nP of the said Land N` 220 09' .
Parcels 1 and 3; thence with the two following Lines of the „said Parcel -
3 640 32' 24" W - 251.63 ft. to a post; thence S 160 58' 20
165.00 ft. to an iron pin in the Northern Boundary Line of ,
mute 608; thence wi.th the said Line N 770 04' 05" E
360.00ft. to the beginr.inq. r i
r ••
Surveyed 15, 1980 '� f
- February '"-
1..1
y7F�G�`�t11t '.; !ai:�i.'1!}-Y
This ir;stll;"M',It c' ��-;. io ,y ..r•, ,� to riQ on the
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