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HomeMy WebLinkAbout21-94 Wilkins Development Corp - BackfileRECEIPT NE 024362 AMOUNT DUE !!,, �V AMOUNT PAID BALANCE DUE $ o PAID BY CA CNEC�� as � OTHER TTYTTY i, :. _ �� "i r.1� t "'!;� A-C DEVELOPMENT P. 0. BOX 601, 9 NORTH LOUDON ST. WINCHESTER, VIRGINIA 22601 DATE DAY -TIMERS RE -ORDER No. 3221 — PnMed in USA �' ��M s ��.� ~.• '~ .'. M �, r� , _ �� f. _ �. r �r rY� • . ���i�' . ..._ DATE:if,' ��IME: tO SOU NAME: (�•I �(2/rD i 'c�C.i�-Op- C­lbR-A vaccnf : (3e�Axenl 241 and ADDRESS: 2-S°k C-X9e+JWUK� X W �w chA oklt 2_2u o ;�- TAX MAP: S.S - p ZONING: RA Vc-r" u Gr- hou 5� SUBJECT: PHOTOGRAPHER: J 3 4-5 r � STOP' I DATE: 9STIME: ly "Oo NAME: �), E95 ()eyc-U.p. Calif ADDRESS: VA(Plul lS 96t,&P 241 auo 2si 6ggow6(t <Ro TAX MAP: . 5,5 ` p - ZONING: T�A UG,rtaNC� 'Ib �J� C,� SUBJECT: NOCA e, V e�Kera--N&. U 2 I PHOTOGRAPHER: _P' r 6� DATE: 17 4O-1,- TIME /D : oo 'o" NAME: W,lKtaj5 9eugg opf4yiTJRp ADDRESS: VA(N%31 thN �F,Ty?zr 2q t amh ,D5l G(eQNwoo@ !�P TAX MAP: 5 5 - Q - -70 ZONING: SUBJECT: Vt'Z�NQC-, Tb TjlVLc0 PHOTOGRAPHER: l•i!7'ii� it t{yj_,y(;L•CI7Ct'tf•: ::nLL '_._ -rya a���••: i COUNTY of FREDERICK Department of Planning and Development 703 1665-5651 Fax 703 / 678-0682 MEMORANDUM TO: Finance Department FROM: Karen A. Clark,, Receptionist/Clerk Typist II SUBJECT: lReturn Of'S ot � _qpp DATE: January 18,:1-995 The amount of $25A. was, deposited in line item # 10- 1911-08' for the company named below as a deposit for d' sign.They have now returned the sign and are therefore i i entitled .to the return,.djheir., deposit. Please send it check in the amount of $25.00 to: Wilkins Development Corporation 13 South Lou'doun Street Winchester, VA 22601 Please contact, me if you#ye; any .questions. RSA/kac 11 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 7''�S; �nry�r:�. r,;�si�"YciR..,`�.�..:a:nar2`tit��>. � .,.y5ro.y,•��.n��-., f .., p•.v»..�, r � .. I COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 January 19, 1995 James R. Wilkins, Vice Chairman Wilkins Development Corporation 13 South Loudoun Street Winchester, Virginia 22601 RE: VARIANCE #021-94 OF WILKINS DEVELOPMENT CORPORATION; PIN #55-A-70 Dear Mr. Wilkins: This letter is to confirm the action taken by the Frederick County Board of Zoning Appeals at their meeting of January 17, 1995. Your Variance Application #021-94 for a 31.9' north side yard variance and a 39.5' south side yard variance was approved with the stipulation that the plat presented is in fact the tract of land owned by the applicant. If you have any questions regarding the approval of this variance, please feel free to call this me. W. W Zoning Administrator WWM/rsa 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 yG'0 BZA REVIEW DATE: 1/17/94 A t VARIANCE #021-94 4 WILKINS DEVELOPMENT CORPORATION �9 3'7 LOCATION: The property is located on the east side of Greenwood Road (Route 656), across from Pioneer's Road, approximately two millets east of the inchester City limits. MAGISTERIAL DISTRICT: Shawnee lotV 56, PROPERTY ID NUMBER: 55-A-70 PROPERTY ZONING & USE: Zoned RA (Rural Areas); Land use - vacant lot surrounded by homes ADJOINING PROPERTY ZONING & USE: Zoning - RA (Rural Areas), RP (Residential Performance); Land Use - residential, Shenandoah Hills Common Area 39. S VARIANCE: A 39.7' north side yard variance and a 32.5' south side yard variance. REASON FOR VARIANCE: Applicant states that the property was originally approved and purchased as a residential homesite in the early 1960's. Subsequent county zoning changes make it an agriculturally zoned lot, which requires 50' side setbacks. The lot is approximately 100' wide, so with 50' side setbacks on each side, there is not enough building room. Neighboring lots have homes 11.8' and 12.1' off the side property lines. The property behind the lot is zoned RP which requires 10' site setbacks. STAFF COMMENTS: Due to the exceptional narrowness of this lot, it is impossible for the applicant to build a home or otherwise utilize this land in a manner that meets the present setback requirements of 50'. Because the strict application of the zoning ordinance in this case imposes an undue hardship, a variance is warranted. In addition, the adjoining property owners who have established homes within twelve feet or less of their side property lines do not share this hardship. STAFF RECOMMENDATIONS: Staff recommends approval. page 1 of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA -OFFICE USE ONLY-- Variance Application 'No � Submittal Deadline Submittal Date 3;. For the meeting cif Fee Paid r initials: Sign Deposit Sign Return Date: MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner X other (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: Wilkins Development Corp NAME• ADDRESS 13 S. Loudoun St ADDRESS: Winchester, VA 22601 TELEPHONE: 662-7215 TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): Rt #7 east 2 miles from Winchester City limits , turn right on Rt #656. Travel approximately 300 yards (2 homes between lot and entrance to Pioneer Heights) lot on left with many pine trees 4. The property has a road frontage of 100.05 feet and a depth Of 197.36 feet and consists of .456 acres. (please be exact) 5. The property is owned by, Wilkins Development Corporation as evidenced by deed from Ruby Keckley recorded (previous owner) in deed book no. 273 on page 489 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: Shawnee 7. 14-Digit Property Identification No.: 55000-A-0000-0070 8. The existing zoning of the property is: Ru"%- Acows 9. The existing use of the property is: vacant lot surrounded by homes 10. Adjoining Property: USE North East South West Residential Residential Residential Shen Hills Common Area ZONING = RA 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.") A 39.7 foot northside yard variance and a 32.5 foot south side yard variance. The home will be built as shown on attached plat. 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 The property was originally approved and purchased as a residential homesite in the early 19601s. Subsequent county zoning changes made it an agriculturally zoned lot, which require bOl side_ setbacks. The lot is approximately 100, wide, so with 50' set- backs on each side, there is no building room. Neighboring lots have homes 11.8' and 12.1' off the side property lines. The property behind the lot is zoned RP which requires 101 side set- backs. 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 Cody D. and Beverly L. - Kerns Perry and Louise Mason Shenandoah Hills Homeowner's Assoc. Scott and Madelyn Kinney Judith Owen i l F F F P. Address 241 Greenwood Road, Winchester VA 22602 Property ID# 55000-A-0000-0071 i1.ar7r�c+e+ 259 Greenwood Road, Winchester, VA 22601 Property ID# 55000-A-0000-0069 9r7r7rocc ______ 1124 Berryville Ave, Winchester, VA 22601 ?roperty ID# 55Fb0-1-0003-203C 108 Freedom Circle, Winchester, VA 22602. ?roperty ID# 55F00-2-0001-0154 k1111r 106 Freedom Circle, Winchester, VA 22602 ?rot)erty ID# 55FOO-2-0001-0155 address (roperty IO address property ID Lddress 'roperty ID ,ddress roperty ID .ddress roperty ID ddress roperty ID; Page 5 of .5 AGREEMENT VARIANCE 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 �, G '// E UG•�� �i�SiC c/t, �/� — SIGNATURE OF OWNER DATE (if other than applicant) —OFFICE"USE ONLY— BZA PUBLIC HEARING OF ��u� �7 jcl� `, ACTION: DATE — APPROVAL "DENIAL SIGNED: DATE: f/nA/r-r-/�., / /-ram /l// VLL/ \ 1.7L/1717 / - r/nA/ nA/C- Lv//L//V L//VL REBAR FOUND 4k LJ -------------- ;SHED. I STORY RESIDENCE ------------- ' \ W \ R S 1 1 m \\ \ ------ REBAR \, FOUND 1 r-------------------- i 2 STORY i RESIDENCE ------- DECK 2) UTILITY BOX 28,39 W 101.18, x I x I FENCE i 0.457 ACRES x I x K ' p�p�i2�y0� pROPOS N Ic�j RESDENCE PORCH FUTILITY 2) WATER WATER POLE - METER METER r------------------------- i 2 STORY RESIDENCE ------------------- DECK REBAR FOUND � 0 o^i � � RE�OR •� OF N�R1H 12.1' ---- _--------- i 12. , ; 1 STORY , RESIDENCE '------------------- 3 - -__________ / \ N 287144 E REBAR ------------7---ts-------- ------�-+--------- FOUND --- / ROW E V 5VC 40 /?- O- W A SpHAL T PA 1�M£NT - / ------------ - - - - - - - - - - - - - - - - - - - - - - i U77LI7-Y THIS /S 70 CER77FY THAT ON DECEA/BER 27, 1994 POLE / MA DE AN ACCURATE SURWY OF THE PREMISES / SHOWN HEREIN, AND MAT 7HER£ ARE NO EASE- MENTS OR £NCROACHMEN7S W.V&£ ON 7HE GROUND 07H£R THAN THOSE SHOWN HEREONQz . NO TES: 1. TAX ASSESSMENT ,4 IP NO. 55-((A))-70 LOT SURVEY AND IS ZONED RA. ON THE PROPERTY OF WILKINS DEVEL OPMEN T CORPORA TION DEED BOOK 273 PAGE 489 SHAWNEE DISTR/CT FREDERICK COUNTY, NRGINIA THIS PLAT HAS BEEN PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT DATE• DECEMBER 27, 1994 SCALE: 1 "=40' AND DOES NOT NECESSARILY INDICATE ALL ENCUMBRANCES ON THE PROPERTY. PREPARED FOR: WILKINS DEVELOPMENT CORPORA 17ON W.O. ,OF 94617 FLOOD NOTE - ZONE: C COMMUNITY NO. D= & ASSOCIATES 51006J PANEL: 0120 B DA 7F:• 07-17-78 ARCHITECTS ENGINEERS PLANNERS SURVEYORS 3078 SHAWNEE DRIVE P.O. BOX 2033 WINCHESTER, VIRGINIA 22601 (703)667-1 103 43045 JOHN MOSBY HIGHWAY P.O. BOX 220626 CHANTILLY, VIRGINIA 22022 (703)327-2355 ,,TH F � Ucl L Cha . wan No. 001945,N L Ir C7-g74 1/; D SURv'�? 4 .• ' #3739 JAMES R. WILKINS, ET AL TO: DEED & AGREEMENT ! VIOLET L. DOVE, ET AL e�ac 4643 524 THIS QUIT CLAIM DEED AND BOUNDARY LINE AGREEMENT made and dated this ,I'? day of , 1976, by and among James R. I' Wilkins and Mary B. Wilkins, his wife, parties of the first part; Violet L. Dove, widow, party of the second part; Cody D. Kerns and Beverley L. Kerns, I I his wife, parties of the third part; Wilkins Development Corporation, a Virginia Corporation, party of the fourth part; and Perry Mason and Louise I Mason, his wife, parties of the fifth part. WHEREAS, the parties herein have mutually agreed among them that a survey of each of their respective lots was necessary to correctly establish their respective boundary lines; and WHEREAS, a survey of each of the hereinafter described lots was made by Lee A. Ebert, a C. L. S., on March 25, 1976, as shown on his plat attached hereto and made a part hereof as though set out in haec verba. NOW, THEREFORE, THIS INSTRUMENT WITNESSETH: That for and in consideration of the premises, the mutual agreement of the parties hereto, and the benefits mutually derived hereby, they quit claim and set I: aside each unto the other any and all boundary lines that have heretofore I� existed between their respective properties and do hereby declare, establish, I! land accept the boundary lines between their respective lands as shown on i i� the aforesaid plat and survey of Lee A. Ebert, attached hereto and made a part hereof as though set out in haec verba. Witness the follov \11a,w (�s .--.1 (Seal) Mary B. Wilkins .1- No 1 1 ' I' i ,i i ii00!( 460 0 tih 525 n (Seal) Violet L. Dove c (Seal) Beverley L " erne "�• .�^` �' Attest: C, '''•,;' *•,� ,,,�•' Mary B. Wilkins, Secretary ♦. State of Virginia County of Frederick, To -wit: (Se al) Cody D, erns Wilkins Development Corporation By - '�� �� (Seal) James R.-Wilkins" President 7 �1� 2 ? (Seal) Perr aeon i (Seal) Louise Mason 1 } 1 L _ LOA tL jd_ c _ \ � _ �LC1_ �9 , a Notary Public in and for the County of Frederick and the State of Virginia, do hereby certify that James R. Wilkins and Mary B. Wilkins, his wife, whose names are signed to the foregoing writing, bearing date the -.)') day ofn.,_�. , 1976, personally appeared before me and acknowledged the same in my County and aforesaid. �Uy Commission expires: ;� . • Given under my hand this 2? day of , 197.6, r1.113LI .;• ; Notary Public - 2- Ll W ILKINS CEV. CORP. C.B. 301— P. 7 POINT IN IRON PIN S 28' 28' 39" 1�J — 05.90' STOGIE WALL IRop -101. 18' 100.001 10 2.36' 101.18' 101.181Pi 'In c� tFou 0 = S62,111, E oa OD eh 'n 52.99' aD • o • o 0 am S7501'25"E V V a V i ��15.67' Q _ - V , Q _ Q S I O N O N toW 3 a, L0 ._ a _ Ili ri N Lo k!� N o d v. N- • e♦. If)G d 'd . V Q m W o O a► N 0 d Al ID Ai N N Z ci Y o J Z 176.03' 100.04' 100.05' 100.05' 100.05' 1 0.05' IRos.- `- -too" PIN N 28' I I' 4 4" E — 50 .24 --- iRor _ iN=- -- ifouC i rT. Sao. ROUT E 656 40 R /W D.B. 304 - P.593 j,J L Olbo f,l! LFF A. EBERT.x i ARA qr GGGC LAND 5) This is to certify tha0e attached correspondence was Oed to the following on JANUARY 3, 1995 from the Department of Planning and Development, Frederick County, Virginia: JUDITH OWEN 106 FREEDOM CIRCLE WINCHESTER, VA. 22602 SCOTT AND MADELYN KINNEY 108 FREEDOM CIRCLE WINCHESTER, VA. 22602 SHENANDOAH HILLS HOMEOWNER'S ASSOC. 1124 BERRYVILLE AVENUE WINCHESTER, VA. 22601 PERRY AND LOUISE MASON 259 GREENWOOD ROAD WINCHESTER, VA. 22602 CORY D. AND BEVERLY L. KERNS 241 GREENWOOD ROAD WINCHESTER, VA. 22602 55F-1-3-174 GEORGE S. HOGAN 101 PIONEER'S ROAD WINCHESTER, VA. 22602 55F-2-1-153 JOHN R. & PATRICIA WIONIENSKI 110 FREEDOM CIRCLE WINCHESTER, VA. 22601 STATE OF VIRGINIA COUNTY OF FREDERICK I, RENEE' S. ARLOTTA 55-A-70 WILKINS DEVELOPMENT CORP. 13 SOUTH LOUDOUN STREET WINCHESTER, VA. 22601 6". 74 .- W,' Jghn M. Moore, Planner I Frederick Co. Planning Dept. , 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 JANUARY 3, 1995 , has personally appeared before me and acknowledged the same in my State and County foresaid. Given under my hand this 3RD day of JANUARY 1995 My commission expires on AUGUST 31, 1995 NOTARY PUBLI 9 i COUNTY of FREDERICK I January 3, 1995 Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 TO THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) The Application oh WILKINS DEVELOPMENT CORPORATION APPLICATION #021-94 FOR: a 39.7 foot set back variance on the north side and a 32.5 foot set back variance on the south side of the property. The property is located on the East side of Greenwood Road (Route 656), across from Pioneer's Road, approximately two (2) miles East, of the Winchester City limits. The property is identified with PIN# 55-A-70 in the Shawnee Magisterial District. This variance application will be considered by the Frederick County Board of Zoning Appeals at their meeting of January 17, 1995, 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, C)y a' �, - X. 11�Ioelw—1 Jean M. Moore Planner I JMM/bah 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 r BOOK 466 PACE 529 The Accompanying Plat is a Survey of Five Lots fronting the Eastern Boundary Line of Route 656 as Established by a Deed to the Corunonwealth of Virginia dated 17 September 1964 in Deed Book 304 Page 593. Lot "A" is the Land - designated as Lot 3 - conveyed to James R. Wilkins by Deed dated 26 June 1962 in Deed Book 279 Page 532.. Lot "B" is the Land , conveyed to Violet L. Dove by Deed dated 15 August 1961 in Deed Book �.' 272 Page 489. Lot "C" is the Land conveyed to Cody D. Kerns and Beverley L. Kerns by Deed dated 12 August 1961 in Deed Book 272 I age 438.. Lot "D" is the Land conveyed to Wilkins Development Corporation by Deed ' :. dated 3 October 1961 in Deed Book 273'Page 489. Lot ''E" is the Land ' conveyed to Perry hason and Louise Mason by Deed dated 6 July 1962 in Deed Book 279 Page 722. The Land in•the Lots is i,stablished by a Survey of the 106.74 Acre Tract conveyed to Wilkins Development Corporation by Deed dated 24 June 1964 in need Book 301 Fage 7. The said Land lies in Shawnee District, Frederick County, Virginia: Beginning at an iron pin in the Eastern Bound ry Line of Route 656, a corner to the said Deed Book 301 rage 7 'tract, unning with the three following Lines of the said Tract S 640 4` 21" F. - 200.05 ft. to an iron pin; thence S 280 28' 390' W - 505.90 ft, to a point in the stone wall; thence N 630 09' 21" W - 107.36 ft. to an iron pin in the Eastern Boundary Line of OA.E o Route 656; thence with the said Line N 28 11' 44"E - 500.24 ft. to the beginning. Surveyed - - March 25, 1976464 Y VIRrj-?I:', r'f frrx K MU'riY, sc'Y TI lr„rur,i nt o' aP'odicm 3d to e on th�� Q. _� day of to ecord. f� V, ccI"Cato or ocknow:edgmont thor�to annexed was ad r�� (o a v1 THIS DEED made and dated this 3rd day of October, 1961, by and between Ruby Keckley and Robert W. Keckley, her husband, parties of the first part, and Wilkins Development Corporation, party of the second part. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid, and other good and valuable consideration, the receipt of all of which is hereby acknowledged, the said parties of the first part do hereby grant, sell, and convey, with general warranty of title, unto the party of the second part, all of that certain lot or parcel of land con- taining 20,000 square feet, more or less, together with all rights, privileges and appurtenances thereto belonging, lying and being situate along the Eastern side of Virginia State Secondary Highway No. 656, about three miles East of Winchester, in Shawnee District, Frederick County, Virginia, fronting on said highway a distance of 100 feet, and extending back Eastward between parallel lines a distance of 200 feet, and being the same land that was conveyed to the said Ruby Keckley by George W. Stump, by deed dated June 13, 1960, and of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book No. 264, page 20. A reference to said record, and to the references therein contained, is here made for a further and more particular description of said land. The aforesaid grantors covenant that they have the right to convey the said land to the aforesaid grantee; that the said grantee shall have quiet possession of the said land, free from all encumbrances; that they have done no act to encumber the said land; and that they will execute such further assurances of the said land as may be requisite. Witness the following signatures and seals. -1 �rc, (Seal) All (Seal) State of Virginia County of Frederick, to -wit: �� I, -(�,l�l� %fy""-A, , a Notary Public in and for the County of U Frederick, in the State of Virginia, do hereby certify that -,Ruby Keckley and bert W. Keckley, her husband, whose names are signed to the foregoing writing ring date of October 3rd, 1961, have personally appeared before me, in my county aforesaid, and acknowledged the same. Given under my hand this �' day of October, 1961. My commission expires —M a.,� !/ 0' l �-6 V Wditary Public 71F Ruby Kecklcy et vir to Wilkins Development Corporation DEED ;it$ i i��ii' gypp. Vs Al + {ALE R, BOOK - PAGE ...:.q- .. ....... WM. ERLE EDWARDS ATTORNEY AT LAW WINCHESTER, VA.