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HomeMy WebLinkAbout12-94 David & Patsy Cress - Shawnee - BackfileRECEIPT MT 024256 AMOUNT DUE $ 00 J AMOUNT PAID BALANCE DUE $ . 0 - �--' PAID BY CASH --� ®' CHECK OTHER ■ FREDERICK COUNTY DEPT. OF PLANNING AND DEVELOPMENT P.O. BOX 601, 9 NORTH LOUDON ST. WINCHESTER, VIRGINIA 22601 THE SUM OF .�....1��...�.]i,A RsL..7:._�_..}[.'AL.J-f "DOLLARS FOR Y 4-` BY r I DAY -TIMERS RE -ORDER No. 3221 - Printed in USA 7 1\'-{iw N� iyi..� r.� , . :6�C��•.yrl�il�fr.'M1IIC••. �• .n >...�.i 1. :C it . ,�i. :...... ......... .... ...�.. ,i .._.:_i.:...:. i., ..._Y.ii�)�........:.............1Jn ► COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 MEMORANDUM TO: Finance Department FROM: Denice Cather, Secretary II pc SUBJECT: Return Of Sign Deposit DATE: October 20, 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. & Mrs. David Cress 109 Meadowview Court Winchester, Va 22602 Please contact me if you have any questions. DRC/kac 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 October 19, 1994 David & Patsy Cress 109 Meadowview Court Winchester, Virginia 22602 RE: VARIANCE #012-94 OF DAVID & PATSY CRESS: P.I.N. #65E-7-5-34 Dear Mr. & Mrs. Cress: This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their meeting of October 18, 1994. Your Variance application #012-94 for a 6.5' side yard variance to shield a sunken patio was approved. If you have any questions regarding the approval of this variance, please feel free to call this office. Nmce iy, I k* W. Wa ne Miller Zoning Administrator WWM/dc 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 BZA REVIEW DATE: 10/18/94 VARIANCE #012-94 DAVID AND PATSY CRESS LOCATION: Travel East on Sensen Greenwood Road (Route 656), then Subdivision and property is on left. MAGISTERIAL DISTRICT: Shawnee y Road (Route 657), turn right onto turn left into Greenwood Heights Meadowview Court, third house on PROPERTY ID NUMBER: 65E-7-5-34 PROPERTY ZONING & USE: Zoned RP (Residential Performance) land use - Residential ADJOINING PROPERTY ZONING & USE: Zoning - RP (Residential Performance) Land use - Residential VARIANCE: A 6.5' side yard variance to shield a sunken patio. REASON FOR VARIANCE: Variance is requested to cover a sunken patio in order to prevent further flooding of a finished basement during downpours. STAFF COMMENTS: The sunken patio, located on the northwest side of the home, is approximately 120 square feet, (101'x12'). The applicant wishes to cover and enclose the existing patio to prevent flooding and further damage to their finished basement. Although the patio includes a built-in drain in its center, it fails to drain during heavy downpours due to the overflow that occurs in the drainage ditches. The rear of the proposed structures will extend within four feet from the adjacent side property. STAFF RECOMMENDATIONS: Because the sunken patio is conducive to flooding, the applicant will continue to suffer water damage within their home. To remedy this hardship, the staff recommends approval of enclosing the patio. The dimension of the structure, however, cannot exceed the current boundaries of the patio. 0 • 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 V"" other (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: Day'kA �, + `UTSV S, ecesS NAME: ADDRESS l O Cj (tikp( [I(3uJ V i Eu1 ADDRESS: Vii , Vlc�n e s%e ZZ L C; Z TELEPHONE : 76 3 - 6 & 7- LP`f2 3 TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): From \tl,✓Ac6ip er +cuye, c;`-' n 1, S7 ' iut-n ria h� onIo �-a uc� �tGhf vr,+ EL kcct�e_ c� 4. The property has a road frontage of b �) feet and a depth of 13 � , 7 feet and consists of L_ Ag Z acres. (please be exact) 5. The property is owned by nnw A 4,14 ���� sv S . 0_Ce SS as evidenced by deed from cfxv W_Sn*Aer"5r. �t j�r�n�sr� (� recorded (pre ious owner) in deed book no. am on page /q-ylof 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: (1, XAI n 7. 14-Digit Property Identification No.: 6, j C 000 -70 5 00 3 L( C 8. The existing zoning of the property is: 9. The existing use of theproperty is: 10. Adjoining Property: USE ZONING North East _ South Se , tZ�sic(C� c West ( pe 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.") _S±E0c1-7D—!S.a ,U KCA) ?AT( n 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 .-Due, In Ae. eKc end- a Y)CJ n6 r�O U) nsS l Yl U 4ey l 6 p s ie rA l -ALA c4,y t --1 cal 1 t(lc C)+ �ikq ish eCLSeMevcCku-C� aawn pau(Is� 13. Additional comments, if any , O ea uJ A oLu n p a u rs -�,eyl-,A +-,J V I M 1('►'l U SA- ©- i-k 'Q- �=CC tr oa Zvi a VJ � q Q n IJ O / G-00 M . 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 nn Address ho MC'CIdow-yke_63 'C�A, Witi(�Pc1PV v 1� lA C' i Y1 Property ID# 10 5 C- i� �Q.� ��- L(_n Address- t ®(O M eaklw) t e_w ai . W 4'nCk e 4eC �"�i L �00 70 5 o Q 11 (° O Property ID# Address 6x t5g6 '61CAc)Ld0\1ci 22 c �,i o I-� v� V�� It c In el Property Address `Q Property ID# u' 0, 6 ,i ID#_ID � " ` - `-J `�",...I ' `� 376 L W i 6 ©a ® 70 U � R eaAU w � cC -- Address\ UuGIrC� �- C vv� Property ID# o o o V7 n Address 9,0. 0 ) VI� Property ID#-6 6 no 7 o � V R C1,tltrl q a c+ A 5 5'Oc Property Address- -Property ID -Address -Property ID Address Property ID Aaaress- Property i� 1A �1,n�1n.c,ri el A -21 1L0 o2' I 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 Adpining Property � YL V tlf����1I�iIIi.II r Add i-ti $ Pro ert Line r ------------------------Center of Rood ------- Road SHOW THESE MEASUREMENTS • 0 Page 5 of 5 AGREEMENT VARIANCE # o q— 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 SIGNATURE OF OWNER (if other than applicant) ':� sip 9 Y DATE Adwel /mx DATE -OFFICE USE ONLY- BZA PUBLIC HEARING OF �j Q ACTION: - DATE - APPROVAL An -, DENIAL SIGNED:G-'J! BZA CHAIRMAN DATE: )�� C q, a - •twuv. „} nw XOMIORM • •►AM ATTOWW" AT LAW . y 308•VTM KOR 9T WIT ,'. "WalrTM. vow"A E 91745PG1491 THIS DEED, made and dated this 31st day of May, 1990, by and between JERRY W. SNYDER, SR. and DENISE F. :NYDER, his wife, hereinafter called the Grantors; and DAVID H. CRESS and PATSY S. (CRESS, his wife, hereinafter called the Grantees. WITNESSETH: That for and in considc ation 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 and with (English Covenants of Title, unto the Grantees, as tenants by the lentirety 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 of that certain lot or parcel of land, lying and being situate in the Shawnee Magisterial District, Frederick County, Virginia, lying on the West side of Virginia State Route 656, known as the Greenwood Road, which property is located East of the City of Winchester, Virginia, which is more particularly described as Lot 34, Greenwood Heights, Section V, on that certain plat and survey by P. Duane Brown, C.L.S., dated March 11, 1987, attached to the Deed of Dedication of Greenwood Heights, Section V, recorded in the office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 647, at Page 7371 and further described by plat and survey of C. J. Rinker, Jr., C.L.S., dated May 24, 1990 attached hereto and by this reference made a part hereof as if set out in full. This is the same property conveyed to the Grantors herein from Carlin L. Smith and Georgia E. Smith, Trustees for CLS Land Trust, pursuant to Trust Agreement previously dated April 1, 1987, a Memorandum of which is recorded in the aforesaid Clerk's Office in Deed Book 652, at Page 78. Reference is here made to the aforesaid plats, surveys, deed of dedication, deed and the references contained therein for a further and more particular description of the property conveyed herein. 1 4S PG BK7 This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty; and particularly made subject to the restrictive covenants contained in the Deed of Dedication of Greenwood Heights, Section V, dated April 4, 1987 and recorded in the aforesaid Clerk's Office in Deed Book 647, at Page 737, to which reference is here made and incorporated herein as if set out in full. WITNESS the following signatures and seals: f r4 4 .qA .& 3r ( SEAL ) jp�ERRY W. SNYDER, SR. ��.. (SEAL) ' DENISE F. SNYDER STATE OF VIRGINIA, COUNTY OF FREDERICK, to -wit: I, �.MA mArle a Notary Public in and for the State and County aforesaid do hereby certify that JERRY W. SNYDER, SR. and DENISE F. SNYrFR, his wife, whose names are signed to the foregoing deed dated May 31, 1990, have personally appeared before me and acknowledged the same. Given under my hand this day of June, 1990. t. My commission expires: 3114 �G3 Y. .•` Ir zA.lTy v ROTARY PUB %fir O A. SCULLY. nwoa�ro•TOM Z• , AT10NO M AT MM �sawf1111M►9fraff IIr101�M.Y111iMA s1 RAW DELTA TAN CHORD CHORD BEARING Q� 9M.00 02-53-04 47.07 23.54 47.05 S65-20-30 E �J 396.00 03-24-05 23.45 11.73 23.45 S63-1 1-56 E BK 7 4 5 PG 14 9 3 IRS" THIS 18 TO CETIFY ON MAY 24. 19W I MADE AN ACCURATE SURVEY OF THE PREMISES SHOWN HEREON. THAT ALL IMPROVEMENTS .VIE DOUN AND ALL EASEMENTS OF WHICH I HAVE KNOWLEDGE OF ARE SHOWN OR NOTED HEREON. THAT THERE ARE NO ENCROACHMENTS BY IMPROVEMENTS EITHER FROM ADJOINIh'0 PREMISES. OR FROM BUBJECT PREMISE. OTH A THAN AS SHOWN HEREON. THIS SURVEY COMPLIES WITH THE MINIMUM PROCEDURES AND STANDARDS ESTABLISHED BY THE VIRGINIA BOARD OF CONC. ARCHITECS. PROFESSIONAL ENGINEERS AND LAND SURVEYORS. 2MEADOWSROOKE DR. 2 0 O ya...• z •q y�'��37 65 32 I e5.36.25 \ �p�IT� 8 NrP9MOR►M 'OA102A J-i VIRGINIA, FREDLRICR COEWff, ICY. This instrument of wrttigg wa pro - duo to on day o . 1! . • Pith certificate of acknorledpaenE arato annexed Pas adaitted to �TEB� Tax iawosed by tee. 35-54.1 of$ and 5I-54 have O"n paid, if asN sab 1. THE PROPERTY DELINEATED ON THIS PLAT IS LOCATED cum ON ASSESSMENT MAP NO. 55E ((7)) PARCEL 34 AND IS NOW IN THE NAME OF JERRY W. SR. .kND DENISE F. SNYDtK AS RECORDED IN DEED BOOK 582 AT PAGE 722 AMONG THE LAND RECORDS OF FREDERICK COUNTY. VIRGINIA. 2. THIS PLAT HAS BEEN PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. THEREFORE. THIS PLAT MAY NOT NECESSARILY INDICATE ALL ENCUMBRANCES ON THE PHYSICAL SURVEY PROPERTY. LOT 34 3. THE EXISTENCE OF VEGETATED OR TIDAL WETLANDS WAS GREENWOOD HEIGHTS NEITHER INVESTIGATED NOR CONFIRMED DURING THE SECTION V PERFORMANCE OF THIS SURVEY. SHAWNEE MAGISTERIAL DISTRICT 4. THE PROPERTY DELINEATED ON THIS PLAT FALLS IN FREDERICK COUNTY. VIRGINIA ZONE -C-. AREA OF MINIMAL FLOOD AS SHOWN ON THE 1' - 30' MAY 24. 1990 FEDERALADN1 I ADM;8TUTIONS FLOOD INSURANCERATE P HRb A MAP NO. 5. THE PROPERTY DELINEATED ON THIS PLAT WAS CREATED 107 NORTH KENT STREET BY A PLAT ENTITTLED-GREENW000 HEIGHTS SECTION WINCHESTER. VIRGINIA V' RECORDED IN DEED BOOK 547 AT PAGE 737 (7031 -722-4721 7002-1-0 9 0 October 4, 1994 COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 TO THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) The Application of: DAVID H. & PATSY S. CRESS APPLICATION #012-94 FOR: a 6.5' side yard variance to shield a sunken patio. The directions to this property are as follows: Travel East on Senseny Road (Route 657), turn right onto to Greenwood Road (Route 656), then turn left into Greenwood Heights Subdivision and property is on Meadowview Court, third house on left, in the Shawnee District, and is identified as PIN 65E-7-5-34. This variance application will be considered by the Frederick County Board of Zoning Appeals at their meeting of October 18, 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, ire- d `l • r / ov�.,, __` Jean M. Moore Planner I JMM/dc 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 This is to certify that *attached correspondence was mal to the following on October 4, 1994 from the Department of Planning and Development, Frederick County, Virginia: 65E 7 5 34 65E 7 r 35 CRESS, DAVII) H & PATSY £3 RAMPART ASSOCIATES 10',' ME:ADOWVIE:W CT 112 MULBERRY CIRCLE: WINC:HE:STE:R. VA S'T•EPHENS CITY, VA. 22602•••• 22655-. CURT I N , JOSE PH K . i10 MEADOWVIE:W COURT WINCHESTE:R, VA 65E: 7 S 44 22602•••- 65E 7 5 46 CAMPBE:L.L, THERESA HULVER 106 ME:ADOWVIE:W COURT WINC:HESTE:R, VA 22602-•• 65E 7 5 45 M I T•CHE:L.L , JOHN EDW I N RT i BOX 590 BLUEMONT, VA 22012-•• 65E 7 5 33 MORTON , JAME:S TAYLOR P O BOX 3762 WINCHE:STE:R, VA. 22601— 65E: 7 5 31 GRIM, GEORGE: E & JUDY A PAIGE-••GRIM 108 ME:ADOWBROOK PLACE WINCHE:STE:R, VA. 22602-•- 65 E 7 :`.'i 30 BOYCO, INC. P O BOX 3238 WINCHE:STE:R, VA J an M. Moore, Planner I Frederick Co. Planning Dept. 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 Jean M. Moore Planner I for the Department of Planning and Development, whose name is signed to the foregoing, dated October 4, 1994, has personally appeared before me and acknowledged the same in my State and County foresaid. Given under my hand this 4 day of October 1994 My commission expires on August 31, 1994 • c,/Zwyz ,'� 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: Ni. C� . ' Pcttsv L t L'sS NAME: ADDRESS ko Ci �+IPCt[iC'V��w' ADDRESS: H Z Ln C Z TELEPHONE: 7,1 - L; 6 J- L�Lfz 3 TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): Es it l n C�c�61 0 n i c l '� t l � ti s � t C� 4l� [� ti1 � c � [1 T � l (7 � f � r c� F1 (U � L O ►'l 4. The property has a road frontage of b;, feet and a depth of I � '� , 7 1 feet and consists ofOL2_ acres. (please be exact) 5. The property is owned by��� as evidenced by deed fro m W e r "5r- !k t,,usp 1- recorded (pre ious owner) in deed book no. QW on page / �L%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: Y \ Ck 11 7. 14-Digit Property Identification No.: �, 5 L- (EGG '7d 500 3 y-C 8. The existing zoning of the property is: 9. The existing use of the property is: e S e- n+ (�a I 10. Adjoining Property: USE ZONING North Re Fri A East South e� West F ( F 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.") C 41 cCD S 1y Kc A) ?A-rl n 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 1 l U(4er -�6 ��e t i2± -� AC+L( �t Ic i 1 of a ish ed loaseY-Y-)evit AuLei � down you rs, 13. Additional comments, if any e r 4 e ba.Se �'►'1 F r�� Cca r o e'� �cts b e e v� �-;�� {� � � 'i- �1 C ee �- _ f -� rQ ►-vim �� P- cl o a r `b Wad C� e-4 1'h U VI J e r S (3vrt e -V LL C V1 i4 u re., Heuu CAownpours end +� VJoo) mcs* o-� -4-p- dam roGm QhJ �a(A✓1Jr rOCVY\ - % Y e' r 1 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 A Address IiC) 9eadow-yle_w CL -Property ID# 1° 5 0 C� O 70 5 C' O� f- �(-O ����e k. C u�� �n y ah `� Address G G Property ID#-'5 E LOCO 7(0 5 G G 4 L Address-R l ' R a 59O �3tCAc'YVind� Vet 2-2 Ot Property �X 3_7 6 Z. VJinL� eie J �Pr qO ZZ -James - ,p� Property ID# l� CC O 70 S �O 3 C \ v l U �' �O f'1 ( Address 9, v' Z2.G;o Property ID# I_- O O O 7 O S CO '� In Address () �iOX 3Z�Q '\W,,VI&eSLey.VA r(` UUyC0 , inc. Ra mpa(-+ Assoc. Property ID Address 1 Property ID Address Property ID Address Property ID Address Property ID Address Property ID r vft_?z&5 o,l OX