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BZA 05-21-02 Meeting AgendaFILE COPY AGENDA FREDERICK COUNTY BOARD OF ZONING APPEALS The Board Room Frederick County Administration Building 107 N. Kent Street Winchester, Virginia May 21, 2002 3:25 p.m. CALL TO ORDER 1) Determination of a Quorum 2) Minutes of April 16, 2002 PUBLIC HEARING 3) Variance 909-02 of Stonewall Orchard Lots, Section 2 (Lot 27) submitted by Rick Lafollette for a 40 -foot left and right side yard setback variances to create a buildable lot for the construction of a single-family residence. The property is located on Stonewall Drive (Rt. 858) in the Stonewall Orchard subdivision, Lot 27, and is identified with Property Identification Number 53B-2-27 in the Back Creek Magisterial District. 4) Variance #10-02 of Stonewall Orchard Lots, Section 2 (Lot 28) submitted by Rick Lafollette for a 40 -foot left and right side yard setback variances to create a buildable lot for the construction of a single-family residence. The property is located on Stonewall Drive (Rt. 858) in the Stonewall Orchard subdivision, Lot 28, and is identified with Property Identification Number 53B-2-28 in the Back Creek Magisterial District. 5) Other MEETING MINUTES OF THE FREDERICK COUNTY BOARD OF ZONING APPEALS Held in the Board Room of the Frederick County Administration Building, 107 N. Kent Street, Winchester, Virginia, on April 16, 2002. PRESENT: James Larrick, Jr., Chairman, Gainesboro District; Dudley Rinker, Back Creek District; Thomas Malcolm, Red Bud District (also representing Shawnee District); Robert Perry, Stonewall District; Theresa Catlett, Opequon District; Lennie Mather, Red Bud District; and Robert W. Wells, Member -At -Large STAFF PRESENT: Patrick T. Davenport, Zoning Administrator; Carol Huff, BZA Secretary CALL TO ORDER The meeting was called to order by Chairman Larrick at 3:25 p.m. WELCOME TO NEW MEMBERS Chairman Larrick extended a welcome to the new members: Ms. Lennie Mather, Red Bud District, and Robert W. Wells, Member -At -Large. [Note: Mr. Wells was notpresent at this time.] MARCH 19. 2002 MINUTES The minutes for the March 19, 2002 meeting were approved by unanimous vote after a motion by Mr. Rinker and a second by Mr. Malcolm. PUBLIC HEARING Appeal of Decision by The Zoning Administrator, Application #07-02 of Kimerly G. Henry (Henry Business Park) concerning the zoning district boundary determination along Fort Collier Road. The parcels are located on Fort Collier Road between Baker Lane and Huntington Meadows subdivision and are identified with Property Identification Numbers 54-8-41, 42, 23, 24, 25 & 26 in the Stonewall Magisterial District. ACTION -APPEAL OVERRULED Frederick Co. Board of Zoning Appeals Minutes of April 16, 2002 Minutes Book Page 1141 Mr. Davenport presented the background information on the appeal and the rezoning application (#029-87) which precipitated the current set of circumstances. Mr. Davenport directed the Board's attention to several exhibits which depicted various stages leading up to this appeal. Mr. John Lewis, of Painter -Lewis, P.L.C., was present to represent Mr. Henry. He stated that they have operated all along on the assumption that the property in question was zoned B3. Admittedly, there was no formalization of the rezoning following the current layout of Fort Collier Road; however, there was evidence in the Planning Department's paperwork and recollections by those involved at the time (including Mr. Kim Henry) that the rezoning would logically follow Fort Collier Road. Mr. Lewis asked the Board, on Mr. Henry's behalf, to overrule the Zoning Administrator's determination so that Mr. Henry would not be forced to go through another formal rezoning process due to what was either a clerical error or oversight by the Planning Department. He showed the Board a copy of the Comprehensive Plan which showed the zoning line following Fort Collier Road. Mr. Lewis also stated that he had submitted a site plan application for the Kim Henry Warehouse on the B3 portion of the property, and that the Planning Department had approved it. Mr. Lewis ended by saying it was going to cost a lot of time and money to fix something that was obviously an oversight. Mr. Rinker asked who was responsible for the realignment of "Gordon Drive" to what is now known as Fort Collier Road. Mr. Lewis replied that Frederick County and VDOT were involved, and that the development of the Huntington Meadows subdivision figured into it. Mr. Lewis told the Board that Mr. Henry did not feel that it was his responsibility to change the zoning line; after all, he already had his rezoning and, based on correspondence he had received from the Planning Department, presumed that it had been taken care of. A brief discussion followed regarding when the actual decision was made to change the road alignment and by whom. Also discussed was how much time and expense would be involved in pursuing another rezoning. [Mr. Wells joined the meeting at this point.] No one else was present to speak for the application; therefore, Chairman Larrick asked if anyone was present to speak against it. Mr. Evan A. Wyatt, Planning Director, came forward. He indicated on a map display the land which was rezoned in 1987 and explained the history of that rezoning. Mr. Wyatt gave further background information on the Huntington Meadows project, the City of Winchester's renovation project of Berryville Avenue, and other aspects of that time period. He noted that the County, the City of Winchester, VDOT and the developer of Huntington Meadows had all worked together to arrive at a final design plan which resulted in the current layout of Fort Collier Road, Baker Lane and Berryville Avenue. Mr. Wyatt continued by stating that although it was unfortunate for Mr. Henry that the rezoning lines were not changed, ultimately, zoning lines cannot be changed except through formal action by the Board of Supervisors. A rezoning is a legislative act; if a road alignment changes, it does not give tacit approval to also change the zoning lines. No one else was present to speak against the appeal, therefore, Chairman Larrick declared the public hearing closed. A brief discussion followed regarding how the issue could best be resolved, and Frederick Co. Board of Zoning Appeals Minutes of April 16, 2002 2 Minutes Book Page 1142 reiteration on the fact that the Board of Zoning Appeals does not have legislative authority to establish zoning lines. The members concurred that the best solution would be for Mr. Henry to pursue the rezoning of his property by formal application and action by the Board of Supervisors. Mrs. Catlett moved to overrule the appeal and Mr. Perry seconded the motion. The motion was passed by unanimous vote. BE IT RESOLVED, THEREFORE, That Appeal #07-02 of Kimerly G. Henry (Henry Business Park) of the Decision by The Zoning Administrator concerning the zoning district boundary determination along Fort Collier load was unanimously overruled. Variance #05-02 of Fort Braddock Heights, Section 2 (Lot 28) submitted by Michael Prelip, Inc. for an18-foot front yard setback variance to create a buildable lot for the construction of a single-family residence. The property is located off of Fox Drive in Section 2 of the Fort Braddock Heights subdivision, Lot 28, adjacent to the City of Winchester corporate limits and is identified with Property Identification Number 53D-4-2-28 in the Stonewall Magisterial District. ACTION -DENIED Mr. Davenport gave the background information Mr. Prelip's request. The property was originally platted in 1990. The chief reason for requesting this variance is that the applicant wants to situate the house to face the same direction as the existing houses along Mummert Circle. Since the criteria specified in the Code of Virginia are not fully met, Mr. Davenport stated that denying the variance would be justified. Chairman Larrick called for anyone speaking in favor of the variance to step forward; however, no one was present to represent the application. Normally, this would result in an automatic denial ofthe application. A brief discussion followed in which Mr. Davenport informed the Board that the property had not been posted prior to the hearing and that all legally required notifications had been mailed out. Additionally, there had been no attempts by the applicant to contact the Zoning Administrator either before or after the submission of the application which is a requirement in the variance process. There were, however, a significant number of adjoining property owners present who wished for the application to be heard, as they had made a special effort to be present for the meeting. With this in mind, and in view of the fact that all of the necessary information to make a decision was available in the application, the Board decided to proceed. Chairman Larrick asked for those wishing to speak against the application to come forward. Mr. Bruce Trant (Lot 21) submitted a petition that had been circulated in Fort Braddock Heights which showed that the majority of the property owners were opposed to the variance. They felt that it would create a crowded look and would not be in the tenor of the rest of the neighborhood. He also stated that they were concerned that the smaller, cramped houses would devalue the adjoining property. Mr. Trant told the Board that the developer had already begun excavation of the lot but there was no indication of what would be built if the variance was not granted. Mr. Paul Toth (Lot 23) said that this proposed residence was not Mr. Prelip's first endeavor to build in Fort Braddock Heights, and that he has already built several homes there. Mr. Frederick Co. Board of Zoning Appeals Minutes of April 16, 2002 3 Minutes Book Page 1143 Toth stated that the builder has known for years what the setbacks were and explained that his personal attempts at keeping Mr. Prelip from building so close to his property line had failed. He felt that this had a detrimental effect on his property value and was opposed to any further devaluation of the entire neighborhood by the building of additional smaller; tightly -spaced housing, There were no other speakers against the variance, as Mr. Toth bad stated that all present had voted against it on the petition; therefore, Chairman Larrick closed the public hearing portion of the meeting. DISCUSSION Mrs. Mather asked for confirmation that the lot was buildable. Staff directed the Board's attention to Exhibit `B" and the opposing page which showed a variable of the footprint for Lots 25, 26, 27 and 28. Discussion also took place on whether the Board had the authority to require the developer to restore the lot to its original condition if a dwelling was not constructed, and staff told them that if the lot was not developed in a reasonable amount of time, the matter would be referred to the Public Works department. Questions followed on what size house could actually be built on the lot as it now stands, and that 1,600 square foot is the minimum required by the deed covenants. It was also noted that the Board had no authority to change the platting of the subdivision, nor could it require that any future homes built would be comparable in size and value to the rest of the neighborhood. The Board reminded those persons present that the lot was `buildable' and that they could not guarantee what would be built there if the variance was not granted. There was no further discussion on this application. Chairman Larrick called for a motion. Mr. Rinker moved to deny the variance as requested and Mr. Malcolm offered the second. The motion passed by unanimous vote to deny the request. BE IT RESOLVED, THEREFORE, That Variance 905-02 of Fort Braddock Heights, Section 2 (Lot 28) submitted by Michael Prelip, Inc. for an18-foot front yard setback variance to create a buildable lot for the construction of a single-family residence, was denied by unanimous vote. Variance #06-02 of William and Carol Roberts for a 100 -foot side yard setback variance to create a buildable lot for the construction of a single-family residence less than 200 feet from a working orchard. This property is located in Ravenwood Estates, Lot 1, on Apple Pie Ridge Road, adjacent to Whitehall Orchard, and is identified with Property Identification Number 22-1-1 in the Stonewall Magisterial District. ACTION - APPROVED Mr. Davenport presented the staff report on the Roberts' request. He explained that when this property was legally recorded in 1971, the current setback standard of 200' from a working Frederick Co. Board of Zoning Appeals Minutes of April 16, 2002 4 Minutes Book Page 1144 orchard had not been established. This requirement was set forth as an amendment to the Zoning Ordinance on August 9, 1993. Although other properties throughout the zoning district had the same setback requirements, in this particular instance strict application of the ordinance could result in a potential "regulatory taking." Mr. Davenport concluded by stating that granting of the variance would be justified under these circumstances. Chairman Larrick asked for clarification of the term "regulatory taking." Mr. Davenport explained that if any landowner cannot build on their property due to circumstances beyond their control (such as the recent wetlands legislation), they now had an option to seek compensation. Ms. Mather asked how much of the property was usable under the current setback requirements. Mr. Davenport replied that a dwelling could not be placed on the property even if the drainfield lines were not there. As additional information, Mr. Davenport told the Board that the proposed garage did not have to meet the same setback standard; that setback would be 15 feet from the property line. Also, a healthy stand of mature trees stood along the road which would provide a natural buffer between the proposed dwelling and the orchard. Mr. Rinker told the Board that he was serving on the Board of Supervisors when the 200 -foot buffer amendment was adopted. He stated that it was created to protect the orchardists, as well as homeowners wishing to locate near working orchards. The Chairman asked for anyone in favor of the variance to come to the podium. Mr. Bill Roberts, applicant and property owner, came forward. Mr. Roberts said that he and his wife had received the property as a gift from her parents and did not realize that there was a 200 -foot setback requirement between their lot and the adjacent orchard until they had already put a down payment on the structure, and had the well and septic installed. Additionally, they had a driveway put in after consulting with VDOT. The need for a variance was established during the building permit application process. Mr. Roberts added that Mr. Solenberger, owner of the orchard, had informed him that he had no problem with their building a house at the proposed location. Chairman Larrick asked Mr. Roberts if they would be willing to maintain the trees which are currently on the property, and Mr. Roberts replied that they intended to because they had been told that one of the oldest ash trees in all of Frederick County existed there. Mr. Doug Kiracofe, contractor for the proposed dwelling and cousin of Mrs. Roberts, reiterated the statements that Mr. Roberts had given. He gave more technical information on the home itself and the time factor involved. Staff told the Board, after a question from Mr. Rinker, that this property would have been "grandfathered" if the setbacks had been on the deed when it was originally recorded; however, this was not the case. There being no one present to speak against the application, Mr. Perry moved to approve the variance request; Mr. Wells offered the second. The motion passed by majority vote with all members voting in favor of the variance with the exception of Mr. Rinker, who cast the opposing vote. Frederick Co. Board of Zoning Appeals Minutes of April 16, 2002 Minutes Book Page 1145 BE IT RESOLVED, THEREFORE, That Variance #06-02 of William and Carol Roberts for a 100 -foot side yard setback variance to create a buildable lot for the construction of a single- family residence less than 200 feet from a working orchard, was approved by majority vote. Variance #08-02 of Paul Cissel, for a 12 -foot rear yard setback variance to allow the addition of a deck. The property is located at 113 Appomattox Drive in Fredericktowne Estates and is identified with Property Identification Number 75.I-8-13-245 in the Opeduon Magisterial District. ACTION - APPROVED Mr. Davenport presented the background information on the final variance request. The applicant/property owner wants to add a deck to the existing structure; however, since two of the criteria outlined under the Code of Virginia have not been met, denial of this variance would be justified. There were several questions from the Board regarding what size deck could be built and whether it could connect to the porch from the side. Mr. Davenport informed the Board that the applicant had provide several photographs which clearly showed the wet conditions behind the home, and passed them out. Mr. Paul Cissel, the applicant and property owner, told the Board that his backyard becomes a swamp every time it rains because the runoff from the surrounding properties drains into it. He explained that he was not aware of that when he bought the property but now that this problem has come to light, he would like to make his backyard useable by adding a deck. Currently, his children cannot play outdoors due to the drainage problem unless the weather has been dry for some time. Additionally, there is no rear exit to the home. Adding a deck to the back of the house would provide a rear exit in the event of an emergency. Mr. Cissel also told the Board that he had spoken with all of his neighbors before submitting his application and that no one had any objection to his building a deck. Ms. Mather asked ifthe neighbors had decks; Mr. Cissel replied that they all had decks. Their property was situated so that they met the setbacks required. Ms. Mather asked if the builder would have added a deck on if he had so chosen; Mr. Cissel answered that if he had the money at closing, the builder would have included a deck. That's why he was so surprised when he went to apply for the building permit and was told he didn't meet the setbacks. Mr. Billy Frye, contractor for the deck project, also brought pictures of the property. He told the Board that the deck would be four feet off of the ground and would not interfere with the drainage easement, in case anyone was concerned about that possibility. There were no further questions from the Board and no one was present to speak against Mr. Cissel's request; therefore, the Chairman closed the public hearing. Frederick Co. Board of Zoning Appeals Minutes of April 16, 2002 6 Minutes Book Page 1146 DISCUSSION The Board discussed how this variance was similar to a previous request for a deck, and what options were available in this case such as changing the size or configuration. The applicant was asked if he would consider a compromise of 10 feet instead of 12 feet for the setback variance. Mr. Cissel replied that he would agree to that. Ms. Mather moved to approve the variance request as amended for a 10 -foot setback variance which was seconded by Mrs. Catlett. The vote passed by majority vote as follows: AYES: Mr. Rinker; Mr. Perry; Mrs. Catlett; Ms. Mather, Chairman Larrick NAYS: Mr. Malcolm and Mr. Wells BE IT RESOLVED, THEREFORE, That Variance #08-02 of Paul Cissel, was approved as amended for a 10 -foot rear yard setback variance to allow the addition of a deck. Mr. Davenport told Mr. Cissel that he would refer the drainage problem to the Public Works Department. There being no further business at hand, the meeting adjourned at 4:45 p.m. by unanimous vote. Respectfully submitted, James Larrick, Jr., Chairman Carol I. Huff, Secretary Frederick Co. Board of Zoning Appeals Minutes of April 16, 2002 7 Minutes Book Page 1147 BZA REVIEW DATE: May 21, 2002 VARIANCE #09-02 - STONEWALL ORCHARD LOT 27 VARIANCE #10-02 - STONEWALL ORCHARD LOT 28 (Submitted by Rick Lafollette) LOCATION: The property is located on Stonewall Drive (Rt. 858) in the Stonewall Orchard subdivision, Lots 27 and 28. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: Lot 27 - 5313-2-27 Lot 28 - 5313-2-28 PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Unimproved Residential ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land Use: Residential VARIANCE: The applicant is requesting a 40 -foot left and right side yard setback variances (on lots 27 and 28) to create two buildable lots for the construction of two single-family residences. REASON FOR VARIANCE: The applicant states that he is using traditional five -acre lot setbacks and that no buildable area exists. STAFF COMMENTS: Lots 27 and 28 of Stonewall Orchard were recorded on October 1, 1956 as illustrated on Exhibit "A". Lot 27 contains approximately 0.39 acres .or16,984 square feet and Lot 28 contains approximately 0.38 acres or 16,405 square feet. This property is within the RA (Rural Areas) Zoning District which requires the setbacks for Lots 27 and 28 to be: 60' for the front and 50' for the sides and rear. This requirement was established as an amendment to the Zoning Ordinance on August 9, 1993. Exhibit "B" is the proposed house locations sketch for both lots prepared by Greenway Engineering. As indicated, Lot 27 has 85 feet of road frontage and Lot 28 has 82.7 feet of road frontage. The rear of both lots are 75 feet in length. The applicant is seeking a 40' variance for the left and right sides of both lots. The applicant is able to meet the applicable front and rear setbacks. The applicant would Rick Lafollette VAR #09-02 Page 2 May 6, 2002 have to meet all requirements of the Frederick County Health Department pertaining to sewage disposal regulations prior to obtaining a building permit for the proposed dwellings. When the relevant side setbacks are applied to Lot 27 and Lot 28, no buildable area exists. Other properties throughout the zoning district have the same setback requirements (when the adjoining uses are similar). However, in this instance, strict application of the ordinance produces an undue hardship approaching confiscation as a potential "regulatory taking." S'T'AFF CONCLUSION: The Code of Virginia, Section 15.2-2309(2) states that no variance shall be authorized by the Board unless it finds that a) strict application of the Ordinance would produce an undue hardship approaching confiscation; b) that such hardship is not shared generally by other properties in the same zoning district and the same vicinity, and; c) that the authorization of such variance will not be of substantial detriment to adjacent property, and that the character of the district will not be changed by the granting of the variance. Since two of the criteria specified in §15.2-2309 are met, granting this variance as requested would be justified. O* W genda \ 3ZA\Staff Report\2002\Rick Lafollette.wpd 11 obtaining possessior EXHIBIT "A's Ivertised for sale as II above provided and n, --_- oo „y rrasun of refinancing or private saleI, the trustee shall be entitled to one-half of the commission above provided to be 1� computed upon the amount of the indebtedness hereby secured, plus the expense of such advertisement and reasonable expenses incident thereto. ;YITNESS the following signatures and seals: ROBERT BREEDEN (SEAL) EDNA BREEDEN _(SEAL) STATE OF VIRGINIA, COCr1TY OF FREDERICK, To -Wit: I, Kathleen R. Kline, a notary Public in and for the County of j� Frederick, State of Virginia, do hereby certify that ROBERT BREEDEN and ED14A BREEDEIJ, his wife, whose names are signed to the foregoing writing bearing date on the 22nd !j day of August, 1956, have this day personally appeared before me in my county afore) said and acknowledged the same. II My commission as notary public expires June 24, 1958. Given under my hand this 22nd day of August 1956. VIRGINIA FREDERICK COUNTY, (SCT. KATHLEEN R. KLINE i o ary u is This instrument of writing was produced to me on the 22nd day of August 1956 at 12:24 P. M. and with certificate of acknowledgment thereto anne was admitted to record. WE 011 ��!• #iFif iiih'; is #iriHSiF#:=1`iFi: ###iFi: iCirY,-ifiE#iFsi#?EiF:"-�i##i; ###iFiF##i: is Yc #1271 # C. L. ROBINSON ICE & COLD STORAGE CORP, ET ALS # TO :: :: DEED OF DEDICATION #i!-7: iF-IFif#i;�;-iHHh': ii#if-�iSiFiF###i;iFiiFl�ir#•JE;; i;-Yr#iyf##�Y'i: ;tiF###iti7 THIS DEED OF DEDICATION made and dated this 6th day of August, 1956, by the C. L. ROBINSON ICE & COLD STORAGE CORPORATION, a corporation organized and existing under the laws of the State of Virginia, and RUSSELL F. HULVER AND RENA E. HULVER, his wife. WHEREAS: The C. L. Robinson Ice & Cold Storage Corporation i the oviner in fee simple of a certain parcel or tract of land lying to the South of U. S. Route 50, approximately two miles West of the City of Winchester, Virginia in Shawnee Magisterial District of Frederick County, Virginia, which tract contain Six and Ninety -Three Hundredths Acres (6.93), and is desirous of making certain improvements thereon by the laying of streets and the sub -division of said land; a WHEREAS: The said Russell F. Hulver and Rena E. Hulver, his wife, have agreed with The Robinson Corporation to join in the execution of this Deed of Dedication for the purpose of dedicating a strip of land Four Feet in widt running along the Western boundary of a lot of land owned by them and designated as Lot No. 12, which strip of land comprises the Easternmost Four Feet of the street shown as Stonewall Drive on the hereinafter mentioned plat for a depth of appro.;i- 1 mately Three Hundred and Two (302) Feet from the intersection of Stonewall Drive with U. S. Route 50; and WHEREAS: There has been prepared a plat of said realty by Lee' IIA. Ebert, Certified Surveyor, dated June 8, 1956, containing a certificate by Lim I� Il setting forth the source of title of the owners and the place of record of the last instrument in the chain of title, which plat is attached hereto, incorporated and made a part of this dedication; and l �i `NhEREAS: A description of the land herein mentioned by metes land bounds is as follows: Beginning at a stake at the intersection of the southern highw,<,, (boundary line of the North-western Grade with the western boundary line of Stoneviali Drive, a corner to Lot 13, running with .the said highway boundary line N 70' 45' E 40.1 Ft. to a stake at the intersection of the said line with the eastern boundary line of Stonewall Drive; thence_ with the said boundary line, a new western line of ' the said Hulver Lot 12 - S 15' 35' E - 295.1 Ft. to a stake at the point of angle lin Stonewall Drive; thence S 16' 08' E - 7 Ft. to a stake corner to Lot 25, also tho 'I. new corner to Hulver's Lot 12; thence with the three following lines of the said Lot ,i 25 - N 720 41' E - 45.4 Ft. to a stake; thence N 74` 11' E - 50 Ft. to a stake; thence N 850 56' E - 100 Ft. ,to a stake corner to Lot 26; thence with a line of the said I Lot 26 - S 800 49' E - 49.5 Ft. to a stake; thence with a line of Lots 26, 27, 28 l and 29 and crossing the 18 Ft. Reserve Strip S 76' 34' E - 422.07 Ft. to a stake in a line of the W. J. Lockhart Land; thence with the said line S 39' 41' 'N - 631.4 Ft to a stake corner to Lot 24, a corner to the Fred Robinson land; thence with the sa d line the rear lines of Lots 24, 23, 22, 21, 20A, 20 and 19 and crossing the 15 Ft. Alley N 55' 30' W - 589.5 Ft. to a stake corner to Lot 18; thence with the north- western lire of the said Alley N 42` 10' E - 296.1 Ft. to a stake at the intersection of the said line with the western boundary line of Stonewall Drive; thence with thelI said boundary line N 15` 35' 'N - 293.1 Ft. to the beginning, containing 6.93 Acres,!�I according to a survey made by Lee A. Ebert, Certified Surveyor, on June 8, 1956; an WHEREAS: The foregoing parcel of land, as hereinabove describ d, and as it appears on the plat hereto attached, is made with the free consent and in accordance with the desires of the undersigned owners. NOW, THi;REFORE, in consideration of the premises, the under- signed owners and proprietors do hereby dedicate for public uses and purposes the use as designated on said plat. UITNESS the following signatures and seals on, the day and year first herein mentioned. (SEAL) C. L. ROBINSON ICE & COLD STORAGE CORPORATI N Attest: By: C. A. ROBINSON, President + 1 H. D. ROBINSON RUSSELL F. HULVER (SEAL Seely.-Treas. RENA E. HULVER (SEAL STATE OF VIRGINIA CITY OF WINCHESTER, to -wit: I, Katherine L. Mantz, a Notary Public in and for the City an State aforesaid do hereby certify that C. A. Robinson and H. D. Robinson, Presider and Secretary, Respectively, of The C. L. Robinson Ice & Cold Storage Corporation, whose names, as such, are signed to the foregoing instrument in writing, bearing date the 6th day of August, 1956, and Russell F. Hulver and Rena E. Hulver, his wife, whose names are also signed to the foregoing instrument, have all this day personally appeared before me and acknowledged the same in my City and State afore said. Given under my hand this 6th day of August, 1956. Vy commission expires 9/29/57. (SE4L) KATfiERINE L. MAIM JUNE 11, I956 APPROVED FOR VA. DEPT. OF HIGHWAYS~ BY- C.H.COFFMAN, RBS. ENGR. APPROVED FOR FREDERICK CO. BOARD OF SUPERVISORS BY - G.M. ROSENBERGER, CHAIRMAN APPROVED BY COMMON COUNCIL, CITY OF WINCHEST ER, VA.-, ALG. 14, 1950 5. L. GRANT, CITY MANAGER II >E e•v s Ifo � r z ' a 0 O C <_ A A r n x v r = r xo < p r , �• A Is O A I y ,! o a 3z 2 Vo • r t s >: �. v� I 20.07 J' LOCK MART p1A 5M S x 18' RE5ERVE 20.651 LAND �x s a N n w N 3904 'E_ 22g 31 S D a ray y x' 39 41 W- 3 4 Z aW + _. N;� 29 .� �- _ O 24 Ul � 2� N36° 45' � 591W �,lL 2a° 324. 6 n -A ti 5 O 20 P 23 � O ;I Z 1_� N ° '.� 5 330 35 ' W � q A U Zg � 5pl E p 289. 7 m _ OI Ir/ w "214 3 49 CA %r- 22 o c r , 2"1 p N 290 32' E v f� 2 5° p9� W 10 255.7 c 5 21 10 4 U, O C �, Z �, 2 6 5 2 62 2 6 0, m ro oo z O° %P d; 2 0 A W o O 2 0 3 I 2 25 N se. r - c.'0 1 S )30� E Z ty w cn rr o� m s, ` h li m 0 P. N � O� 2 0 O I� R' �y / �s ° S 460 O P S 3 i � o m �H b T2s its. F� y� 223 8 6 W m 0 / Tri• lv 0 19 � � M m •] I-•• �s O, 2 a d< rn J� N 42* IO' E cD u4 xr• / Q\ 17.33 15 - 284.85' S= p r- , O ti O I-' 4 C. O 0 � pm m 9 y 13/14 / / - 7 m �-• ,t 15 17 / 6/11A / /S �Po o -��� v �� STONEWALL cc) -n o m m r P ti / OR HARD Y r• � y��~� P. �`� LOT NO. 1 N o3 3' A, 3h rn 1 o m `DP C -1e n a n O h 00a'Idy m, Rrtih CD pw� y WFST `OO FqN 'so m c4 R40 t7 o w a F mm��c� • m a R [ -t m 17� t-+ W C7 m m �' oo �j W w • O 0'a0 STONEWALL ORCHARD LOTS NO. 2 cn 0' w ate' t\,) Cf) r co .m-� SOUTH OF NORTHWESTERN GRADE m C) m�:S m y two C P, to U. S. 50 rr•s r• o w I m y tnp o SHAWNEE DISTRICT U-4 m m FREDERICK COUNTY, VA. P, ,-ro c', c3-- m m 100' - JUNE 0, 105 LEE A. EBERT, C. L 5. P'L3 �7 m O CY C] [n t0 n "0 • Cr c0 H' O m DO P M N cc) r VIRGINIA 'REDLRICK COMITY, (SCT. This instrument of writing was produced to me on the 22nd day If August 1956 at 1:10 P. Al. and with certificate of acknowledgment thereto annexed ias admitted to record. 1 W4 MA .i l ' VAY-09-02 15;19 FRCM-GREENWAY ENGINEERING P -C Exhibit "E" Lord Fairfax nvironment, 107 N. Kent St. P. 0. Box 2056 Winchester, Virginia 22604 (540) 722-3480 FAX (540).722-3479 Counties of Clarke, Frederick, page, Shenandoah. Warren, and Ciro of Winchesier March 21, 2002 LAFOLLETrE, F ckie D. 219-A Round Hill Rd. Winchester, VA 22601 Subject. Application iia #40424 Map # 53B -2-2B Stonewall Orchard, Lot 233 Dear Mr. Lafollette: This letter is issued in lieu of a sewage disposal system wmtxuction permit in accordance with §32.1-154 H. of the Code of Virginia. The application for a certification letter was submitted pursuant to §32.1-163.5 of the Code of Vir&da which xequires the Health ]department to accept private soil evaluations and designs from au .Authorized Onsite Soil Evaluator (AOSE) or a Professional Engineer working in wnsuitation with an AOSE for residential development. T"ae site for an- individual onsite sewage system was certified as being in compliance with the Board of Health°s regulations (and local ordinances if the locality has authorized the local health department to accept private evaluations for compliance with local ordinances) by: David Racey, AOSE4139, (662-4185). This letter is issued in reliance upon that certification'. Tl:e Board of Health hereby recognizes that the soil and site conditions acknowledged by this correspondence, and documented by additional records on file (including those by a private Authorized Onsite soil Evaluator, David Racey AOSE#139, (662-4185)) at the local health department, are suitable for the installation of an onsite sewage disposal system.. The attached plat shows the approved area for the sewage disposal system. This letter is valid until a permit for construction is issued, the system is izrstalled, inspected and approved. This letter is void if there is any substantial physical change in the soil or site conditions where the sewage disposal system is to be located. A permit to construct the sewage disposal system must be issued before construction of the system. If the property owner (current or future) applies for a construction permit within 18 months of the date of this letter, the application fee paid for this letter shall be applied to any state fees for a permit to Construct a system. After 18 rx onrhs, the applicant is responsible for paying all state fees for a construction permit application. MAY -09-02 '5:19 FRCM-GREENWAY ENGINEERING P.C. 5407229523 T-245 P 003/x07 F-657 40424 This letter, and attached plat, showing the specific location of the sewage disposal system area and well area (if applicable), mast be recorded in the land records by the cleric of the circuit court in the jurisdiction where all or part ofthe site or proposed site of the system is to be located. The site shows on the plat is specific and must not be disturbed or encroached upon by any construction. To do so voids this letter. Upon the sale or transfer of the land that is the subject of this letter, the letter shall be transferred with the title to the property. Future owners are advised to review the plat for the location of the onsite sewage disposal area to make sure their building plans do not interfere with the area. If they have any questions regarding the location of the area, they should contact the AQSE or PE identified above prior to contacting the local health department for assistance. The area certified by this letter is suitable to accommodate a two bedroom house using a system design of 300 gallons per day. The property will be served by a pzivate water supply as shown on the attached plat. This letter is an assurance that a sewage disposal system construction permit will be issued (provided there have been no substantial physical changes in the soil or site conditions where the system would be located); however, it is not a guarantee that a permit for a specific type of system will be issued. The design of the sewage system will be determined at the time of application for a building permit and sewage disposal system construction permit. The design will be based on the site and soil conditions certified by this letter, structure size and location, watez well location (final determination to be made at time of permit issuance), the regulations in effect at the time, and any off-site impacts that may have accurred since the date of the issuance of this letter. In some cases, engineered plans may be required prior to issuance of the construction permit. In accordance with §32.1-164.1:1 of the Code of Virginia, owners are advised to apply for a sewage disposal construction penniT only when ready to begin construction. This site is approved for an alternative system only. Plans and specifications from a qualified person must be submitted by the owner or agent and approved by the health department before a construction permit can be issued. Sincerely, �j � Doug Dailey Environmental Health Specialist Senior* A ttaclunent Hvoy-00-02 ;5:20 FROM-GREENWAY ENGINEERING P.0 5407229528 T-645 P 004/007 F-657 40424 Certificate of Acknowledgment: County of Commonwealth of Virginia I certify the information provided herein is true and accurate to the best of my knowledge and belief. EnvironmentaYHealth Specialist Senior The forego'ng mstrtunent was. acknowledged before me this � �'`=day of C 20 c . Notary Public My commission expires: r� (7 - County of Commonwealth of Virginia I autli prize this certification letter be recorded is the gmtee index of the Clerk of the Circuit Court of County under my name. The foregoing instrument was acknowledged before me this 20 , by Notary Public My commission expires. (lay of MAY -09-02 15:20 F40WGREENWAY ENGINEERING ?.0 5407229529 T-245 P. 005/007 -od Fairfax Environmental heaffli District 107 N. Kent St. P. O, Box 2056 Winchester, Virginia 22604 (540) 722-3480 FAX (540).722-3479 :ale. Counties of Clarke, Frederick, Page. Shenandoah. Warren, and City of Winchester March 21, 2002 Rick Lafollette 219-A pound Hill Road Winchester, VA 22601 Subject: CERTIFICATION LETTER Application ZD # 40423, Tax Map # 53B-2-27 Stonewall (orchard Lot 27 Dear,Mr. Lafollette: F -65r Tb.is letter is issued in lieu of a sewage disposal.system construction permit in accordance with §32.1.-164 H:. of the Code of rirginza.. !The application for a. certification letter was submitted pursuant to §32.1-163.5 of.the=Code of Virginia :which requires -the Health Department to accept private soli evaluations and designs from an Authorized Onsite Soil Evaluator (.ROSE) or a Professional Engineer working in consultation with an .ROSE for residential development_ The site for an individual onsite sewage system was certified as being ia. compliance with the Board of Health's regulations (and local ordinances if the locality has authorized ttae local health department to accept private evaluations for compliazzee with local ordinances) by David Racey, ROSE 0 139, (540) 662-4185. This letter is issued in reliance upon that certification. The Board of Health hereby reeog rizes that the soil and site conditions aclmowledged by this correspondence, and documented by additional records or file (including those by a private Authorized Onsite Soil Evaluator, AOSE, DaNid Racey, # 139) at the local health department, are suitable for the installation of an onsite sewage disposal system. The attached survey plat shows the approved area for the sewage disposal system and well. This leiter is valid until a permit for construction is issued and the systern is installed, inspected and approved. This letter is void if there is any substantial physical change in the soil or site conditions where the sewage disposal system is to be located. A permit to construct system must the sewage. disposal systemust be issued;before constriction of foe system. If the property -owner (current or future). construction pezzz�it within l 8 months of the date of this. letter, the application fee paid for this letter shall be applied to any state fees for a permit to construct a system. After 18 months, the applicant is responsible for paying all state fees for a permit application - 0 db dL 7Zot& r NAY -09-02 5:21 FROM-GREENWAY ENGINEERING P Health Department ID 9 40423 5407229528 T-245 P MINT F-657 This letter and attached survey plat must be recorded in the land records by &e clerk of the circuit court in the jurisdiction where all or pmt of the site or proposed site of the system is to be located. The site shown on the plat is specifie and must not b transferdisturbed of the land that encroached or the by any construction. To do so voids thus letter. L pon the ale subject of this letter, the letter shall be transferred -with the title to the property. Future owners are advised to review the plat for the location of the onsite sewage disposal area to make sure their building plans do not interfere with the area. if they have any questions regarding tho location of the area, they should contact the AOSB or PE identified on the previous page prior to contacting the local health department for assistance. The area certified by this letter is suitable to accommodate a three-bedroom house using a system design of 450 gallons per day. The property will be served by a private water supply as shown on the recorded survey plat. This letter is an assurance that a sewage disposal system construction permit will be, issued (provided there have been no substantial physical changes in the soil or site coo.ditions where the system would be located); however, it is not a guarantee that a permit For a specific type of system will be issued.. The design of the sewage system will be determined at the time of application for a building permit and sewage system constrict oa permit. The design will be based on the site and soil condition's certified by this leiter, structure size and location, grater well location (£mal determination to be made at time of Permit issuance), the regulations in effect at the time, and any off-site impacts that may lave occurred since the date of the issuance of'this letter. In some cases, engineered plans may be required prior to issuance of the construction permit. In accordance with §32.1-164.1:1 of the Code of Yirginla, owners are advised to apply for a sewage disposal cons -auction permit only when ready to begin construction. Sincerely,Reviewed by, "(t: Fx=ett'Bruce Warnpler Steve e Environmental Health Specialist SeAiOr Environmental Health Supervisor Po: David Racey, AOSE 0139 MAY -09-02 15:21 FROM-GREENWAY EN31NEERING P.C. 5407229528 T-245 P.O07/0O7 F-657 Certificate of Acknowledgment: Marcli 21, 2002 County of ]Frederick Cornmotwealth of Virginia 1 certify the information provided herein is true and accurate to th,, best of my knowledge and belief. G Environment ealth Specst enior The forego g instr ument was acimowledged before me this c day of Notary Public My cornmission expires: County of Commonwealth of Virginia I (we) authorize this cerlificatioa letter be recorded in the grantee index of the Clerk of the Circuit Court of Frederick County under my (our) name. The foregoing instrument was acknowledged before me this �- by Notary Public My conunlssion expire -s: day of a1of5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA ECI0 APR 19 ZOOZ MUST QBE TYPED'OR FILLED OUT IN INR_ PLEASE PRINT 1. The applicant is the owner */ other . (Check one) 2. APPLICANT: NAME: i2tGK Lpt i, L TVC­ ADDRES S .;? 19 -4 P4-x%� o 1-b u-'E-'�'rp f TELEPHONE: 0 5.-- I �-J-s OCCUPANT: (if different) NAME: ADDRESS: TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): r 4. The property has a road frontage of feet and a depth of 22C)- feet and consists of p acres. (please be exact) 5. The property is owned by + C" w— D.t-4-F b c1 c7Te as evidenced by deed from E_L-o 7-4-00AI" WoWi recorded (previous owner) in deed book no. � on page, 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:�k 7. 14 -Digit Property Identification No.: g. The existing zoning of the.property is: 9. The existing use of the property is: 10. Adjoining Property: ZONING SSE North'" East's south 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.") 1 �a �1-iJ i R�-2_ rl'VJ il�i *'�5 y 0k 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 USt 0L l (LA �i� Tt Sv- 13. Additional comments, if any -`. papa 3 d 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.) T hese people wiLI be notsfd by mail of this application: NAME tom' - Address L �} x"71 �,'. i Ad C, Property ID# )� r6 3 r3 - a z» - - NAME ��+�� � - . !�"•�:" �a: Wli-rtr;kZ.9- CAddress A Property ID# — CC > --3 \ —' i1QC. V or L3 NAME:tl t'�i �. �—� ° �� �"z-► �� Address Property ID# _ 'S�) NAME T�^ L, t -t d �' Address QUI > -,,Q moi,-' f$i, L � w V � Property IN _ B -- C-C2M -27-(0 NAME .J u `� �3� -� �Z- Address 1�.0 s (1 UJ I AJC .. V-4 2-X-0`4 Property ID# 15°3 -- C 'z-)) 2-L+ Property ID# - 2 NAME Property ID# , NAME Property IN NAME Property ID# NAME Property ID# Address a t`', Address Address Address Address p5af5 AGREEAIENT EIS ADR 19 2002 r VARIANCE # " 0;, � 10 -02., 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. A NATURE OF APPLICANT• DATE SIG / �% r CMZ SIGNATURE OF OWNER (if other than applicant) -OFFICE USE ONLY- DATE BZA PUBLIC HEARING OF 002— ACTION: -DA - #'0q-01 APPROVAL #-f ©-02 -APPROVAL SIGNED: BZA CHAIRMAN 002 DENIAL DATE: I *! 0-01. DENIAL IRF = IRON ROD FOUND IPF = IRON PIPE FOUND 7F = DRAINF7ELD 3RL = BUILDING RESTRICTION UNE IPF 2 / 7A so �c RAE p��(�2,%�)� °RA w6zz4 I IRF /76IPF 750p• DF o D IPF DF 0 •�� /tV ;y0 DF °^O b r 7M 538—((2))—n 11A/077Y S BU70HER LISA K BUTCHER sO �c cl) AS 71.E PS 805 h IV 79'4,500" 11, 8270 IP` 0N� ER # PROPOSED VARIANCE — — FOR SIDE SETBACKS 'NO 1. NO UTL.E REPORT FURNISHED, EASEMENTS OTHER ThAN SHOWN MAY EXIST. 2. NO POR77ON OF THIS PROPERTY LIES WITHIN THE 100 YEAR FLOOD ZONE, PER F.I.R.M. COMMUMY—PANEL 1510063 0115 B, DATED JULY 17, 1978. J. BOUNDARY INFORM477ON SHOWN HEREON IS PREPARED 50 0 50 FROM AVAILABLE RECORDS AND /S NOT PURPORTED TO BE A BOUNDARY SURVEY OF THE LOT OR ANY PORTION OF GRAPHIC SCALE THE BOUNDARY UNE. (SEE D . 242, PG. 587) (IN FEET) PROPOSED HOUSE LOCATION SKETCH LOT 27 & 28, SECTION 2 STONEWALL ORCHARD LOTS BACK CREEK MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: i" = 50' DATE: APRIL 19, 2002 ej7-., GREENWAY ENGINEER 151 WINDY HILL LANE Engineers WINCHEsTEIz, vA. 22602 Surveyors TELEPHONE: (540) 662-4185 FAM (540) 722-9628 Founded in 1971 _ - www.greenwayeng.com 'REN S. F01 No. 002257 3182 SHEET 1 OF i