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BZA 06-17-03 Meeting AgendaCOUNTY -of F REDEIZICK Department of Planning and Development 540/665-5651 AGENDA FAX: 540/66i-6395 FREDERICK COUNTY BOARD OF ZONING APPEALS The Board Room Frederick County Administration Building 107 N. Kent Street Winchester, Virginia June 17, 2003 3:25 p.m. CALL TO ORDER 1) Determination of a Quorum 2) Minutes of March 18, 2003 PUBLIC HEARING 3) Variance #05-03 of Aaron N. Tweedie for a 25 -foot and a 52 -foot front yard setback variance for a corner -lot parcel for the construction of a primary residence. This property is located on Retreat Lane in the Shockeysville area of Frederick County. The subject property is identified with Property Identification Number 8-1-4-14A in the Gainesboro Magisterial District. 4) Other 107 North Kent Street • Winchester, Virginia 22501-5000 FILE COPY MEETING MINUTES OF THE FREDER!CK COUNITY BOARD OF 70NIKIG APPEALS Held in the Board Room of the Frederick County Administration Building, 107 N. Kent Street, Winchester, Virginia, on March 18, 2003. PRESENT: James Larrick, Jr., Chairman, Gainesboro District; Thomas Malcolm, (representing Shawnee District); Dudley Rinker, Back Creek District; Lennie Mather, Red Bud District; Robert Perry, Stonewall District; Theresa Catlett, Vice Chairman, Opequon District; Robert W. Wells, Member -At -Large STAFF PRESENT: Patrick T. Davenport, Zoning and Subdivision Administrator; Renee' S. Arlotta, Administrative Assistant CALL TO ORDER The meeting was called to order by Chairman Larrick at 3:25 p.m. FEBRUARY 18, 2003 MINUTES: On a motion by Mr. Rinker and seconded by Mr. Perry, the minutes for the February 18, 2003 minutes were approved as presented. PUBLIC HEARING Variance #03-03 of F. Wayne and Linda K. Wright for 40 -foot left and right side yard setback variances to create a buildable lot for the construction of a single-family residence. This property is located on Edwards Lane (Route 1301), and is identified with Property Identification Number 42-A-93 in the Gainesboro Magisterial District. ACTION - APPROVED AS AMENDED Patrick T. Davenport, Zoning and Subdivision Administrator, gave the background information. After describing the setbacks and circumstances regarding this lot, Mr. Davenport told the Board that it was staff s opinion that granting of this variance as submitted would be appropriate. Ms. Mather asked if water and sewer were available; Mr. Davenport replied that it had well and septic and that all of the lots in that area were on well and septic. Ms. Linda Wright, applicant, stated that she had a letter with her from the health department which stated that the well and septic had been approved. Frederick Co. Board of Zoning Appeals Minutes of March 18, 2003 Minutes Book Page 1175 Chairman Larrick asked Ms. Wright if she agreed with everything_Mr. Davenport had told them or if she had any other statements she wished to make. Ms. Wright was satisfied with the staff report as given. She said they just wanted to build a single family home on the lot. Ms. Wright stated that she bought the property at auction and that they bought two lots, one has an existing structure on it. Mr. Wayne Wright, applicant, gave the Board setback information on the existing home. The Board had further questions such as which way the new house would face, how close would it be to the existing dwelling, and whether the applicants could move the house forward on the lot. They stated that the lot narrows as it goes toward the back and they need at least 10 feet. Mr. Wright said that all of the houses in the area are about the same size. He also told the Board that the Health Department came out and verified that the house site was at least 100 feet from the drainfield. Mr. Donald Kidwell, an adjoining property owner, said that he was not there to speak against the Wright's building a house but just wanted to make sure that his well does not get contaminated. Chairman Larrick explained that those lots would not be approved by today's standards and that the Board of Zoning Appeals had no jurisdiction over well issues. There -was no one else present to speak for or against the application; therefore, the public portion of the hearing was closed. DISCUSSION: Mr. Perry stated that he was opposed to granting the full variance request if the applicants did not need a full 40 feet on both sides. Mr. Perry made a motion to grant a 39.5' variance on both sides instead of 40 feet; Ms. Mather seconded the motion which passed by unanimous vote. BE IT RESOLVED, THEREFORE, That Variance Application #03-03 of F. Wayne and Linda K. Wright was unanimously approved for 39.5 -foot left and right side yard setback variances to create a buildable lot for the construction of a single-family residence. Variance #04-03 of Edward and Patricia Mitchler for a 15 -foot front yard setback variance from Wellbourne Lane to create a buildable lot for the construction of a single-family residence. The property is located in Whitham Estates, Lot 18 on Wellbourne Lane, and is identified with Property Identification Number 26-7-3-18 in the Back Creek Magisterial District. ACTION -DENIED Frederick Co. Board of Zoning Appeals Minutes of March 18, 2003 Minutes Book Page 1 176 2 Patrick T. Davenport, Zoning and Subdivision Administrator, gave the background information. Mr. Davenport stated that after visiting the site, staff did not find that the topography met the condition of "exceptional." In the absence of exceptional topography such as rock outcroppings, cliffs, etc., staff could not recommend approval of the variance as it does not meet a hardship approaching confiscation. Mr. Ed Mitchler and his wife Patricia were present to represent the application. Mr. Mitchler stated that he wished to address three of the points made in the staff report. Number 1) He and his wife were told before they purchased the property that Wellbourne Road would be a continuation of the gravel road that Mr. Whitham used to go across his property. However, when the road went through, it was built 25 to 30 feet south of the gravel road which is still there. Number 2) On Exhibit B, the contours shown do not give the precise elevation. He asked the Board to refer to the transmittal from Greenway Engineering shows the contours as being higher in elevation. Finally, the third item he wished to address was that he was not asking for a front setback variance, he wanted a side setback of 15 feet from Parishville Road because that's the direction his home would face. Mr. Mitchler added that only a portion of the garage and porch would go over the 15 -foot line. Chairman Larrick asked for verification regarding the side vs. front setback issue; Mr. Davenport replied that the property was on a corner lot; therefore, it had two `front yards.' Mr. Mitchler told the Board that John Scully was developing the area, and Mr. Scully advised him to request the variance so the house would not "stick up" out of the ground. Greenway Engineering was not represented to explain why the house may not be able to be built on the existing terrain. Mrs. Mitchler stated that they were concerned about the amount of water runoff they would face if they did not get the variance, especially into the garage. Mr. Mitchler told the Board that the lot next to them has the same problem. Mrs. Catlett asked for more information regarding the construction of Wellboume Road. The Mitchlers showed another picture which depicted the steep slope of the lot. There was further discussion regarding the possibility of future drainage problems. The public portion of the hearing was closed at this point. DISCUSSION: Chairman Larrick asked staff if there was anything in the code that described the various levels of topography; specifically, what constitutes `exceptional' topography as opposed to medium or mild slope. Staff replied that it is a matter of interpretation. Frederick Co. Board of Zoning Appeals Minutes of March 18, 2003 Minutes Book Page 1 177 3 Mr. Rinker said that the land drops off rather quickly in that area and made a motion to grant the variance as requested. Mr. Wells seconded the motion; however, the motion failed by majority vote. The vote was as follows: AYES- Mr. Rinker, Mr. Malcolm, Mr. Wells NAYS: Mr. Perry, Mrs. Catlett, Ms. Mather, and Chairman Larrick BE IT RESOLVED, THEREFORE, That Variance Application #04-03 of Edward and Patricia Mitchler, for a 15 -foot front yard setback variance from Wellbourne Lane to create a buildable lot for the construction of a single-family residence, was denied by majority vote. OTHER BUSINESS: Chairman Larrick asked if any of the members who had attended the BZA seminar recently had anything to share. Mr. Perry stated that a good point was brought up that the responsibility should lie with the applicant to show that they have a hardship, and that it should be a part of the application. Mr. Perry also mentioned that the issue of alternate members was discussed. Mrs. Catlett said that they discussed the problem of how it is difficult to go with what your heart tells you as opposed to what the code says, and that the code does hold the BZA to the strict hardship rule. Ms. Mather said that she learned quite a bit at the seminar. There was no other new business; therefore, the meeting adjourned at 4:05 p.m. by unanimous consent. Respectfully submitted, James Larrick, Jr., Chairman Carol I. Huff, Secretary Frederick Co. Board of Zoning Appeals Minutes of March 18, 2003 Minutes Book Page 1 178 4 APPLICATION #05-03 OF AARON N. TWEEDIE Staff Report for the Board of Zoning Appeals Prepared: .rune 2; 2003 Staff Contact: Patrick T. Davenport, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Board of Zoning Appeals to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. BOARD OF ZONING APPEALS HEARING DATE: June 17, 2003 LOCATION: The property is located in the Shockysville rural community and detailed directions follow. Proceed on 522 North approximately 16 miles past James Wood High School and turn right on VA Route 692 (Chapel Hill Road). Proceed approximately 0.9 mile and take left on Pack Horse Road, traveling on Pack Horse Road for approximately 2.5 miles. Turn left at intersection of Packhorse Road and Shockysville Road and continue on Pack Horse Road for an additional 0.3 mile. Look for the "Variance" sign and turn right on a new gravel driveway and proceed up the driveway for approximately 1,000 feet. Look for an excavation site for the dwelling. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBERS: 08-1-4-14A PROPERTY ZONING & USE: Zoned: RA (Rural Areas) District Land Use: Vacant ADJOINING PROPERTY ZONING & USE: Zoned: RA (Rural Areas) District Land Use: Residential and Vacant VARIANCE REQUESTED: The applicant is requesting a 25 -foot front yard (West side right of way) and a 52- foot front yard (North side right of way) variance for construction of a primary residence. REASON FOR VAPJANCE: Exceptional narrowness, multiple rights of way on property, and exceptional topographic conditions. STAFF COMMENTS: The subject property was recorded as part of a rural subdivision on February 18, 1975. The property was designated "Lot 14A Ritter Mountain, Section 4". The property owner is proposing to construct a new single family dwelling as illustrated on Exhibit "A". The dwelling is proposed to be located within 35.0 feet of the western right-of-way and within 8.0 feet of the northern right-of-way. Both aforementioned rights-of-way are defined as 30' in width and are classified as private driveways. It should be noted that the private right-of-way bisecting the property from West to East is a "paper road" which means that it contains no defined travel way. The Rural Areas (RA) Zoning District setback requirements { § 165-55A(2)} pertaining to this parcel are: 60' front (from the edge of a right-of-way), and 50' for the sides and rear since the adjoining uses are residential or undeveloped residential. A site visit conducted by staff to the subject property confirmed the applicant's assertion that the majority of the property contains topography that may be considered exceptional in nature. The middle portion of the property is traversed from north to south by an extremely steep ravine, with a small stream centered within it. The property contains only two moderately level areas that are suitable for the dwelling and septic drain field. Exhibit "A" illustrates that one area is reserved for the drain field and the remaining area, the area related to the variance request, is reserved for the dwelling. STAFF CONCLUSION FOR THE JUNE 17, 2003, MEETING: 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. § 15.2-2309(2) also contains a provision for a variance to be approved in the instance of"exceptional topographic conditions" or "extraordinary situations". Due to the existing topographic site conditions, and the existence of a right-of-way traversing the property, granting the variance in this case may be justified. asp CY) LO 0 :rr_ 0z z z 0 H 00 04 N 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 9,\ other 2. APPLICANT: l NAME: Aaron —rWeejie 3 ADDRESS q 8 ;anal Oak Rd Fro n+ Ro 4oJ 0 )Xa30 U _. (Check one) t ml.""I 0 ►Cc mi. Rusk�amcs l�oc�c, H6. 2003 I OCCUPANT: (if different) s ,orate o15D �� 4 NAME: R�F. �g a (�1��,1 I#� 11 Rc1i , �mreed ADDRESS: TELEPHONE: 5`I00L3(0^'1934 TELEPHONE: Cell (67) The properly is located at (give exact directions and include State Route numbers): noceecl or Bacl.i',S� ►Cc mi. Rusk�amcs l�oc�c, H6. fno�kf ly5y Pmcs��a✓ ,orate o15D �� � r� c� �►A R�F. �g a (�1��,1 I#� 11 Rc1i , �mreed . 4 � � . I ctl:R. I � � �' crrr, t"'�..k Norse BmceeJ Apprux 9.5 (ni. Tr,,.1 c IcF+ oniz Bacl.i',S� RA.' -pa) , pa)cPEd t,.,; � �a�. ric�1�� � 5i� ly5y Pmcs��a✓ ,orate o15D �� � r� o -v, tutj 3-mvel Z62;vc. 4. The property has a road frontage of 1 ��Z5I.5 feet and a depth of A�$. 7q feet and consists of q. g 54 7 acres (please be exact). Page 5 of 9 5. The property is owned by AQr6vl NFcAcr 3 TwUde as evidenced by deed from Robtir} M. i Leo na A. recorded (previous owner) in deed book no. Daoa ;� eao9 on page iq d -) 93 of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: C'a%ne5bOCO 7_ Property Identification No.� S - - L` 8. The existing zoning of the property is tR /A 9. The existing use of the property is: �&Co re% 10. Adjoining Property: USE ZONING North tResicleyi++al R 1A East 0O-C&V-% VA South'RIA West Resjeen±m Q/A 11. Describe the variance sought in terms of distance and type. (For example: "A 3.5' rear yard vapemTtn for an attached two -car garage.' 12&� n CA C J w -d CA 0 r 41)_ fro', -t -Far Cone �u�c_��on OF Ar1rnaf-y r�5iC�2 ce. 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 15xdepl orna� q&rfzt.JneSS e_XCeSSive- ;?.O.kJ S en DrZwer� �n exC i;dr�a( +(DPO gr-G'ah;C conj ions. Page 6 of 9 AGREEMENT VARIANCE # 0 5 'O3 (Number to be assigned by the Planning Dept.) 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 ' BATE 5-9 —0-3 SIGNATURE OF OWNER DATE (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF_ACTION: - DATE - APPROVAL SIGNET): BZA CHAIRMAN DENIAL DATE: Page 9 of 9 AFFIDAVIT COUNTY OF FRF,DERICK, TO -WIT: This day personally appeared before me, a Notary Public in and for the State of Virginia, County of Frederick, Robert M. Brown and Leona A. Brova-1, who, after first being duly sworn, depose and say: 1. That they were the owners of Parcels 14(A), 20, and 21, Section 4, Ritter Mountain Subdivision, Located in Frederick County, Virginia previous to Aaron N. Tweedie and Heather J. Tweedie. 2. That they are the current owners of Parcel No. 15, Section 4, Ritter Mountain Subdivision, located in Frederick County Va. 3. That they acquired said parcels 14(A), 15, and 20 by deed of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, recorded in Deed Book 865 at Page 1505, and that they had been in continuous possession of said parcels since acquiring the title on September 13, 1996 until November 20, 2002. 4. That the use of Deer Run Drive running southwesterly across Parcel 14(A) to its intersection with Turkey Ridge Drive at the border of parcel No. 20 has been obstructed and unused since September 13, 1996. 5. That use of Turkey Ridge Drive running in a southwesterly direction to its intersection with Deer Run Drive and beyond, on the border of parcels 14(A), 15, 20 and 21 has been obstructed and unused since September 13, 1996. 6. That alternate access to the residents of Turkey Ridge Drive for the purposes of ingress and egress to deer run drive was created on September 13,1996, and was recorded in the Clerk's Office of Frederick County at Instrument No. 010001049, Page 54, on Febuary 1, 2001. Subscribed and sworn to before me My commission expires A i TANA S. PAINTER NOTARY Pc BLIC COMMONWEAL FH OF VIRGIN14 iv/Y C01VIMISSION Fr.PIRES AUGUST 31, 2006 of April, 2003. I : ceo4 Notary Public iyOTAARY CD F'(.1'St IC TANA S. PAINTER NOTARY Pc BLIC COMMONWEAL FH OF VIRGIN14 iv/Y C01VIMISSION Fr.PIRES AUGUST 31, 2006 of April, 2003. I : ceo4 Notary Public 13. Additional comments, if any: �4�i ed- r_h�aY 4rau )n NF +o 5aJ ,fere is no room bckwcen Turk Ri c e t7r,, e',AOIJ i -o bu3d I& �o 9 0 W rf5 r,. s. 71 efre o oiler su&bble. plc.cz JF*r C. house 51k`- 14. The following names and addresses are all of the individuals, fines, 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 snail of this application: NAME Aaron 1�. -TZae, ie, -S T�,�etc�ie Addressl? Ro q1 Ob.IZ }Rd. FTOn+ -R?Ac) VA ;)2& Property ID # ©fit �1 /V\. Grey r- 6 Grey Address a a o e+rea+ Ln. 1 J - v� \ sItr VA Property ID # $ _ j - y - ly �hobefk Leono, M. 'Brown a . '�yroe�n Address -PO t�3' OX a15 Cross JZLnc44on UR+ aaba Property ID # S3 .- j - y -15 t�iC1�1GrCJ C. 11)e&r Io.Y\cJ Address 3$g Lode )n. Inlinc,eS}ef VA RP&6?; Property ID # S - j -L4 - Address Property ID # Address Property ID # Address Property ID # Address Property ID # Page 7 of 9 DA -EE. T,kF--c ,, 2jC705 PROD. NO.: EXHIBIT "A" ��(XJSED }LOUSE 'L_OC_P\T103.1 SUiZY1=Y 50go 'P%_5T2IC_T, Ff_>=D'F_RkCGK.00.,VA- r. 1rc -_,__ rL1t`lT I-�. �L-i_ Jv�vcYJ, F. c..I SCALE: ENGINEERIN6 & SURVEYING P. O. BOX 7CQ, SEP_KY Vlue,VA. 22(.lN. (540)9s ---90&B SHEET 1 OF 1 TAX MAP $-1-4 -ILIA °a TWEED)F "1I/ARCEL ZO / ZO \" UR -KAY -_- J� I fep �i �� � � o � \ Pol(�, � y �s• �1 � j�j1 X \ O I ) Twe.EprE � � \ I I t 6) 0 \� © JOHN T�` BAMAGAR 'Er - No -00185P Sueu� oe's X, 1 �10TES' 1 1.) ROgo- ��GKT OF 11gY BgsED OU PKYsicryL EY�O'EuGE pu.TgE �P.b,) p. BEgRif_I.GS t�UD DIST q>`lG �j C.ou 'os1JOT EEoU 1-ODOF Ri392D. -\UNT >]2�VE !T RLl p 2CE.L 1.1- Z � 'BE.C_ROSF OF TFIE TEK.2P, 1U, -Tl1E -F-P_CPosED }{o05E SITE kP"F ERlKs 1 To BE THE OuyY �EF,SOU q6 Ln _F C-) iiJG L -OC P�_C 10 hJ. C_OvEuRuTs cq-1_ ogDs Rs SHoxa,J ON T£�Lr�r To BE 50,xJ,pEROx1 F{OWE" r,tESUgDV150 `DEC�%ZES UO SETB �S Fo V_ R.O. YJ .'S. y t�FPROVED �� Tt1E 021G�UgL SJRV�Y CDt,1Z q�f.IFt� LF12G1=. 1./LEAf UEF_Vk IfE,EI.INT -Ery 1:RR02S2 .sS-Np 215Coep . vaq"uF «iv / a51s V1Di 'rZEUV EY5 BY r1y5E�FqND oTKEz$. N / ATE / 5.J TH�s S>✓GT 101,1 OF SEER I{uUZ D21vE ALT puGH ),10-c j�VgGRTEP 'iZ .O Nl., 1J A5 ]=ODUO To BE j�8q�..LUou>=.D l�u� Ir�PRs5 q8 �E "iZ,O qp uc ,u:a 54tI bbef vijEi p.S 6/00:0 /0 -% Z_�� — PACK HORSE ROAD STATE ROUTE NO. 692 - 30PRESCRIPTIVE RfW S 49,'26'00'W 3 711.77.77' T.M BR S 84'09'59' E tI E ROBERT BROWN 106.43' i 1 1En LEONA A. BROWNt t u ` D.B. 698, PG_ 913 I I 1 ' w ZONE: RA EX*TIW, 'MAWLWAY (! 1 10 USE: R StDENitAL m {�m t�.S 1 t iI R. t o ( I mI la I� SHARED PRIVATE DRIVEWAY ( 1 (HEREBY CREATED) t Ir t. T.LI_ 8-1-4-20 ROBERT 1A_ BROWN do LEONA A. ORO`NN PARCEL 20, SECTION IV RITTEF? MOUNTAIN 0.8, 1165PG. 1505 ZONE: RA USE: VACANT oo SiARED,PRIVATE DRIVEWAY (HEREBY CREATED) s nBnr26' � � 233-90' DEER RUN ORWE 0STB,U 3D' R/lr 0.8. 377. PG. 207} \ NOTES: >s co THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT AND THEREFORE WAY NOT NECESSARILY SHOW ALL .ENCU1AIBRANCES ON THE PROPERTY. ACC'ORONG 'M COMMUUMTY—PANEL NO. 510063 0050 B OF 1"t FEDERAL EMERGENCY 41ANAGEUENT AGENCY FLOOO INSURANCE RATE MAP FOR FREDERICK COUNTY, VIRGINIA, DATED JULY 17, 1978, THE PROPERTY 'SHOWN HEREON APPEARS TO 8E WITHIN ZONE "C-. THE PROPOSED SHARED PRIVATE DRIVEWAY IS NOT BUILT A=ORMG TO STREET STANDARDS OF AND WILL NOT BE MAINTAINED BY THE VIRGINIA DEPARTMENT OF WANSPOTAVON OR THE COUNTY OF MFO£RtCK. THE UdPROVEMENT AND MAINTENANCE OF SAID DRIVEWAY SIAL,. EIC THE SOLE RESPONSIBILITY OF THE OWNERS OF LOTS WHICH ARE PRONGED WITH ACCESS VIA THE DRIVEWAY_ SAID SHARED PRIVATE DRIVEWAY VAL.L NOT BE CONSIDERED FOR INCLUSION INTO THE STATE SECONDARY SYSTEM UNTIL ThEY MEET HIVE APPUCABL£ CONS11 vrioN STANDARDS OF THE VIRUNIA DEPARTMENT OF TRANSPORTATION- THE COST OF BRINGING SAID DRIVEWAY TO ACCEPTABLE STANDARDS SHALL NOT BE BORNE BY THE VIRGINIA OEPARTMENT OF TRANSPORTATON NOR BY FREDERIOK COUNTY. INFORMATION SROM HEREON IS SAS£D ON A CURRENT FlELD SURVEY 8Y THIS FIRU. 200 0 200 410 600 Scale_ T" = 200' T -M. 8-1-4-20 ROBERT M. BROWN T -M. 8—A-5 GORY DAVID P_ HERREN 1 t EgSiwG TRAY[LWAY dC LEONA A. BROWN ANN R HERREN j I 0.8. 772, PG. 803 N I �+ ( 14USE: ZONE: RA RESIOENTIAL t$ca G.� 4 i 1 m (I_B. 865. PG. 1505 I � YJ I j�Q (. 11 J ri S 38-18'24` E y j t 124.82' - IaO RrVE _1L1Ex .N a/w /w _ (U.13- 3TC, i'30- Z77 G. 'Dlj SNARED PRIVATE DRIVEWAY (HEREBY CREATED) —'�`. T.M. 8-1-4-20 JOHN IN GRE T -M. 8-1-4-20 ROBERT M. BROWN 11 EYISMIG TRAVaWAY �\ it + GORY \ ' E ✓— S 6 40400 LORETTA GREGORYTI LEONA A. BROWN t,S PARCEL 14, 5ECON IV RITTER MOUNTAIN PARCEL 14A, SECTION iV �7°+c 7aAViI.wAY B.71 Q.B. 719, PG- 1S3 RITTER MOUNTAIN ZONE: RA (I_B. 865. PG. 1505 I � YJ USE : RESi0ENT1AL ZONE: RA USE: VACANT \ f I` PLAT SHOWING \l � SHARED PRIVATE DRIVEWAY THROUGH THE PROPERTIES OF 11 `1 DEER RUN DRIVE E%ISTWC 90' R/w ROBERT M_ BROWN 377, PG_ 201) ANO LEONA A. BROWN (TAX MAP 8—A, PARCEL 3) ( ` „(- G (TAX MAP 8-1-4, PARCELS 14A & 20) GA(NE59OR0 MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1 200' DATE: DECE VIRSiIr 1A- fp EDERICK COUI.-IY, SCr. WOLFORD LAND SURVE)l eta hlsuument of writingwm produced to nn on L /I r•, 120 DOGWOOD RQ_, WINCHESTER, , >R In (540) 542-1677 FAX (540) ` and whb mrti5rate of ackncrM djehicru thereto aancxc.; WLS1O11 SHEET 2 OF 2 w;I,.dd i ted Iorecord-T” itnpose.�d by S" 5&1.802 of S_.Y�.L=i_ . and 58.1-801 h., Fxen pa1d, if avcsseble 4" 4/'4'� . Clerk 4003 020020209 '" THIS DEED G3 `S3 MADE this 7th day of November, 2002, by and between Robert M. Brown and Leona A_ Brown, husband and wife, GRANTORS; and Aaron N. Tweedie and Heather J. Tweedie, husband and wife, GRANTEES. 01V.6iaid&A 4ems+Lp�L LL.L THAT, for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, the GRANTORS do hereby grant, bargain, sell and convey, in fee simple and with General Warranty of Title, unto the GRANTEES, as Tenants by the Entirety with full common law rights of survivorship, the following described property, situate, lying and being in Frederick County, Virginia, to wit: All that certain lot or parcel of land, with all improvements thereon, together with all appurtenances and hereditaments thereunto belonging or in anywise appertaining, lying and being situate in the Gainesboro Magisterial District of Frederick County, Virginia, being identified as Pacel #14A, Parcel #20, and Parcel #21, Ritter Mountain, Section 4, being more particularly described by a survey and plat of Clinton L. Ritter, C.L.S., dated May 1971, and recorded in the Clerk's Office of the Circuit Court of Frederick, County, Virginia in Deed Book 44o at Page 548-549. AND BEING a part of the property conveyed unto the said party of the first part by deed dated September 11, 1996 , and of record in the aforesaid Clerk's Office in Deed Book 855, at page 1505. Reference to which said plat and deed and the references therein contained are hereby had for a more particular description of the real estate herein conveyed and for further derivation of title thereto. THIS conveyance is made subject to the covenants, conditions, restrictions, easements and rights of way of record. THE GRANTORS covenant that said GRANTORS have the right to convey the aforesaid property; that the GRANTORS have done no act to encumber said property; that the GRANTEES shall have quiet possession of said property; and that the GRANTORS will execute such further assurances as may be requisite. WITNESS the following signatures and seals: (SEAL) b t M. Bro SEAL) Le is A. Brown b �l,ate the undersigned, a Notary public for the jurisdiction afor(�,"idy,,4o ;ertify that Robert M. Brown and Leona A. Brown whose names are ;e3g�e t� y ,he foregoing do ud6 nt ackno 1 dged the same before -me in m Y ju2isdiGbiimi aforesaid, thio i,3ay of 20 My commission expires on th day of 213.,E N to Public `''• / r' 'ax Map Nc.: OB -1-4-14A, 20, 21 rantee's P_ddreec: d t 3'O U,11' fJL8y Lf /V -C a _ _ __ is L%o:s TLL v W ,VA 2.2.4 2,P 54-9. BOOK Q'iQ PAGE Sig fiITl t Ni;UtuT lfr: { 7 £ IUr IU 1 j) F 4vr 2Il t1 Ml Ul.IY. V'Y it 1 ' r ` fi• It cj (SLTBJF, T PROPERTY`'` 14A Clear View 1 Uriv� 5cn. 4.73 :acres 3C' R ��, c� .v i� L pnrcal 15'. A L J ru �� `l yr ui t In W ly- (r 1Ln , ` 7 W 750 lurk y t dna 2t6 5 l Orlve pt { i i �t Darr +tun Drive __ f ' n 33 - - �. � L Scale t ATE Of F r r sr �. „ r ey,. hy•, % `.,nc O'cZ L1 �1� C•J, r ,GE1�tan L. � t.3T f _ d Surv3ynr •. 1 { L 'n I t I [�ifiCIi3a TRED331CK COMTY, SCT. { � This instrument of writing was produced to me on the t J� day of Igo, at yG'd_�M r i end With certificate of a nowledgment thereto annexed was j t admitted to record. Tax imposed by Seo. S&54.1 of l moi. �o and SS-54 have been paid, if assessable. ` t Clerk ?i [ } I J`