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Application for Variance
FREDERICK COUNTY, VIRGINIA
TO: THE BOARD OF ZONING APPEALS OF FREDERICK COUNTY
The undersigned applicant —(is) (are) the owner —of the following described property:
A PLAT OF THIS PROPERTY MUST BE ATTACHED HERETO AND MADE A
PART OF THIS APPLICATION.
GIVE LOCATION BY REFERENCE TO NEAREST ROAD INTERSECTION.
DIMENSIONS OF SITE MUST BE GIVEN.
In STONE14ALL Magisterial District
The petitioner_ request —that the said Board doth grant:
A Rear Yard Variance of twelve feet, six inches so that a
partially -constructed accessory building (12 X 12 ) can be com-
__ pleted at its present location on property.
(Lot No. 35, Block A, Cole Lots, fronting RouteStonewall
Magisterial District)
The applicant —make —this request because:
Under Section 3-1-15 of the Frederick County Zoning Ordinance,
no accessory building may be closer than fifteen (15) feet to any
property line. The existing structure is now located two feet,
six inches (2'6") from rear property line: therefore, relief of
twelve feet, six inches (12'6") is requested to the fifteen feet
The person and (his) (her) (their) address —owning and/or occupying adjacent pro-
perty to the property sought to be affected (are) (is): (Give names of all owners adjacent,
across the road or highway and facing the property and any owners across any railroad right-
of-way from such property. In the event the property affected is situated at or within 100 feet
of the intersection of any two or more roads or highways, at or within one hundred feet of
the intersection of the rights -of -way of any two railroads, give names of property owners at
all corners of any such intersection).
Name
rh'�i�r�.�wc
Dennis T. Cole
fJ ±
Lot or tract
RD 7, Box 81, Winchester, VA 22601
I/we hereby depose and say that all of the above statements and the statements contained
in any exhibits transmitted are true.
Applicant
Mailing address P ]_ R, 4 C_
Telephone Number ' y7
-k i
Subscribed and sworn to before me thisP-d day of 19
My commission expires-W � / � 19�,1 r� , /i'
Notary
e1
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DIST-=198-7/7'..
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D 'T. H IC
VA. DEPT, OF HEA Fit]
H. C. CoOWDE
ixIItiECTCI
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M
j1I)EEZICI.' COt]INTY
GOAj'W OF Sil,"PERVISORS
CfI;I;.=tAN
AD"I N I STRATok
THE ASO-IiVE AND FOREGOINO "ESUBDIVISION
OF THE CIOLE LOTS AND APP"ARS IN THIS
PLAT Is 1-:11TH THE FHE CONSENT AND
IN ACCOR(DANCE WITH THE DES II-ZES Of
THE LINDE RIS I GINED 0WNER*,.j)`l%0Pl!','IETqRS
AND TiZUISJTEES IS AMY.
I !N-- 'ZE' Y IZEi"%T I F Y THAT T,;;'E- LAND I N
k
Til 11 S S-L#;CD I V 13 1 OiN' I S A POi"T I ON, OF THE
LAND CONVEYED TO DENNIS T. �`3LE BY
D 17 r f", ",,ATE D 27/ A I I IR I L I 9j`2
90 PAGE ')7, AND T11E COLL
LOTS il"'ECOIZOED IN PIEEI)EE"nloi' ";96 ;WCE
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ller4llVeD PC, ?7701V
FINAL
PLAT
13 LIP, 11.) 1 1 S I ON
OF 0 L r- L 0, TS,
STONE EWALL
1r)ISTIRICT
JANUA!'Y 3, 1973
SCALE i"=100
SRU'E EDENS
C, L.S.
G EL N i'li, A Y - E N Stjj"Vf7y ING CO., lt,!C.
LOCATION MAP
SCALE / ".r 2000'
.4
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OlNft
( RTIFICATE No.
ti Q 2i>,B4gB¢ 54.17.3 (a)965
N 54.17-3 (b)82
S44.OB35"W -� •
400. 00 BERG .
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POON
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DELTA-I2°41 '39"
RADIUS=898.99'
TANG=iI OO.00'
ARC=199.18'
CH. 6I:G.=S55°34'44"E.
DIST.=198.77'
ff- CURI/E
DELTA,=12'41'39"
RA01uS=868.99
TANG=96.66' _
ARC=192.53'
CH. I i G.=S55°34'44"L
CIf. DIST.=192.14'
VA. DEPT. OF HIGHWAYS VA. DEPT. OF HEALTH
H. C. Ci�Oi�fDEi _ --— — — —
!` I iiECTOR
RES. ENG.
SAN 11"Ai, I AN ---
F CEDE( I CZ COUNTY i3OAi',0 OF SUPERVISORS
-- CHA I RMAN --- — /1 MI N I STRATOR--
`E ABOVE AND FOREGOING SUBDIVISION
THE COLE LOTS AND APPEARS IN
i,tlIS PLAT IS WITH THE FREE CONSENT
AND IN ACCORDANCE WITH THE DESIRES OF
THE UNDERSIGNED OWNERS, PROP(. i ETORS
AND TRUSTEES IF ANY.
---------------
I HERESY CE12T I FY THAT THE LAND IN
THIS SUB -DIVISION 1S A POIZTiON OF THE
LAND CONVEYED TO DENNIS T. COLE BY
DEED BATED 27 AP IL 1972 AND RECORDED
IN TIME: FREDERICK COUNTY COUNT CLERKS
OFFICE IN DEEDBOOK 390 FACE 27.
1. B,�.U'E, EDENS, . L .
LOCAT/QN MAP
SCALE / = 2000'
The accompanying subdivision plat, (Cole Lots) represents a survey
of a portion of the land conveyed to Dennis T. Cole by deed dated
27 April 1972 and recorded in the Frederick County Court Clerks Office
R.
in Deed Book 390 - Page 27.
The said subdivision fronts the South and East boundary line of
Va. i:te. 666 in Stonewall District, Frederick County, Virginia and is
bounded as follows;
w
BLOCK "A"
Beginning at a point in the center of Rte. 666 a corner to the
a
Jasper Berg bind; thence with a line of the said land S52042057"E -
240.22 ft. to an iron pin a corner to the Retained Portion; thence with
the following two Fines thereof: S44008'5511W - 400.00 ft. to an iron
pin; thence N52*42'57"W - 240.22 ft. to a point in the center of
Va. Rte. 666; thence with the center of the said road N44°08'55"E -
400.00 ft. to the beginning.
Containing . . . . . 2.190 Acres
BLOCK "B"
Beginning at a point in the center of Pte. 666 a corner to the
Jasper Berg land; thence with the center of the said road for the
following three courses S61°55'34"E - 90.99 ft. to the P.C. of a
curve to right; thence with the arc 199,-18 ft. (Chord=S55°34'44"E -
198.77 ft. - Radius-898.99 ft.) to the P:T. thence S49°13'54."E -
110.04 ft. to a point a corner to the Retained Portion; thence with
the Retained Portion for the following two courses S44017'19"1 -
253.69 ft. to an iron pin; thence h53°27'14"W - 400.00 ft. to an iron
pin in the line of the Jasper Berg land; th4ce with the said line
N45004'54"E - 241.37 ft. to the beginning. ,
Containing . . . . . . . 2.333 Acres
Surveyed . . . . . . . . . . 31 August 1972
LTH
u K EE
CEtMFiCA T E No. >
54.17-3 W1965
54 17-3(b)162 a
a
GRIENWAY
I ING & SUIREYING
P. 01. BOX 666
Winchester, ��
iS.
erected on any of the lots in the Subdivision. S<zid lots
shall be used for rasider.tial purposes only.
(2) No trailer or temporary buildinfj shall be
erected or maintained on any lot in this subdivision.
(3) No cows, hogs, goats, fowl, dog kennels,
slaughter house or the like, shall be maintained upon said lots
at any time.
(4) All lots shall be kept clean at all times and
free from junk, rubbish, garbage and other noxious matter.
(5) No unlicensed or inoperable vehicles to be
allowed on any of the lots.
WITNESS the following signatures and seals the
,',date first above written:
r L} I
if
kTTEST
1 ' • :
Secretary,
m ANDERSON
Li LARRZCFi
`ORNZYS AT X_ SV
i� CfZE3T6R. vincl::ZA
(SEAL)
DENNY'S, INC.,
a Virginia corporation
President
STATE OF VIRGINIA,
OF
to
Tom.: �° ?%/�i
I ,
/�inr� �:%__.� i
>�'J ►
a Notary Public
in and for the
",, �,.. �and State
aforesaid,
do hereby. certify'
that
and
President and Secretary, respectively, of Denny's, Inc., a
Virginia Corporation, whose names are signed to the foregoing
instrument bearing date the _3, f day of 1974, have
✓f .
personally appeared before me in my+f�n_� and State aforesaid
E1
and acknowledged the same.
1974.
My connisELon expires Z� -�r 17
Given under my hand this -'C day of
I�
_ No6ar
ARGENT. ANDGRsoN
& LARRICK
n'rrott..rszs .vr L1W
�,:rcuzcSrrx, vtrzcI.N[A
{ •t�i i.•! � - .� .. � t f � 1. �
THIS DEED made and dated this r=_( day of
1974, by and between Denny's, Inc., a
i
Virginia corporation, of the one part, hereinafter caller -ta
Grantor, and Charles F. Lewis and Patricia C. Le-viis, his wife,
of the other part, hereinafter called the Grantees.
WITNESSETH: That for and in consideration of the
sum of Ten ($10.00) Dollars, and other good and valuable con-
sideration, receipt of which is hereby acknowledged, the
Grantor does hereby grant and convey with general warranty and
English covenants of title, unto the Grantees, jointly, and
as tenants by the entirety, with the right of survivorship, as
at common law, all of that certain lot or parcel of land lying
and being situate in Stonewall Magisterial District, Frederick
County, Virginia, being designated as Lot No. 3 in Block "A"
on that certain plat and survey entitled "Resubdivision of Cole
Lots" made by H. Bruce Edens, C.L.S., dated January 3, 1973,
attached to that certain. Deed hereinafter mentioned. This is
a portion of the same property conveyed to the Grantor by Deed
of Dennis T. Cole, et ux, dated January 23, 1973, of record in
the Clerk's Office of the Circuit Court of Frederick County,
Virginia, in Deed Book 403, Page 423.
This conveyance is made, however, subject to all
easements, restrictions and/or conditions of record, if any,
affecting the aforesaid realty.
This property is subject to the following
restrictions which are constituted covenants real running with
the land:
(1) Nothing but a single private dwelling or
residence designed for the occupancy of one family shall be
it �Yf si • _ f
r '�
e Lots
Stonewall District