BZA 03-18-03 Meeting AgendaAGENDA
FREDERICK COUNTY BOARD OF ZONING APPEALS
The Board Room
Frederick County Administration Building
107 N. Kent Street
Winchester, Virginia
March 18, 2003
3:25 p.m. CALL TO ORDER
1) Determination of a Quorum
2) Minutes of February 25, 2003
PUBLIC HEARING
3) 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.
4) 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.
5) Other
FILE COPY
MEETING MINUTES
OF THE
FREDERICK COUN i' BOARD OF ZONING APPEALS
Held in the Board Room of the Frederick County Administration Building, 107 N. Kent Street,
Winchester, Virginia, on February 25, 2003. (Note: The regular meeting scheduled for February 18,
2003 was rescheduled to February 25, 2003 due to snow.)
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;
Wells, Member -At -
Patrick T. Davenport, Zoning and
Planner I; Carol I. Huff, BZA Sed
CALL TO ORDER
AMENDMENT TO THE AGENDA:
Administrator; Rebecca A. Ragsdale,
Chairman Larrick at 3:25 p.m.
and seconded by Mr. Perry, the minutes for the January 21,
On a request by the representative for Allied Systems Corporation, Mr. Claus Bader
of Bowman Consulting Group, Ltd., the agenda was amended to hear Appeal 402-03 as the first order
of business.
PUBLIC HEARING
Appeal Application #02-03, submitted by Bowman Consulting Group, Ltd., to appeal three
violations of the Zoning Ordinance, §165-147; §165-27E(1) and §165-27E(2), pertaining to site
plan requirements and surface and parking space demarcation requirements at Allied Systems
Corporation. This property is located at 1936 Millwood Pike and is identified with Property
Identification Numbers 64 -A -80F and 64 -A -81A in the Shawnee Magisterial District.
ACTION - APPEAL DENIED AND DECISION OF ZONING ADMINISTRATOR
Frederick Co. Board of Zoning Appeals
Minutes of February 25, 2003 Minutes Book Page 1 170
AFFIRMED
Patrick T. Davenport, Zoning and Subdivision Administrator, gave the background
F +; uo tol a the Rnar�i that this ar�riPal u,ac the rP��ilt of ceVPral vinlatinna nn the Allied
11 ilurnla-tIo 1. He told th Boa d rr -nl
Systems site and that, to date, neither site plan has been approved. Mr. Davenport stated that three
actions needed to occur on the site: 1) removal of illegally parked vehicles; 2) the parking areas need
to be paved; and 3) the parking spaces to be demarcated. Mr. Davenport said that there are still
outstanding comments from review agencies; therefore, the site plans are not ready to be approved.
Chairman Larrick asked if staff is seeking to have the vehicles removed immediately.
Mr. Davenport affirmed that conclusion. Mr. Rinker asked if the issues holding up the site plan
approvals were minor; Mr. Davenport replied that he believed that to be the case.
Mr. Claus Bader of Bowman Consulting Group, Ltd. and representative for Allied
Systems Corporation, stated that they are asking for a chance to have the site plans approved. He
outlined a three-part plan to achieve their goals: 1) ImprV.ing Arbor Court which currently exists
behind their site; 2) to create the employee parkin ot; and 3} create the warehouse building which
will allow them to empty out the trailers. Additenally thegpn to create an outdoor storage area
with landscaping and a berm around it.
On a questions by Chairman LaM00, Mr.,.l3ader confirmed that the trailers are currently
being used for storage and that the owners areAnxtous to remedy this situation. Mr. Larrick also
asked Mr. Bader if he had any idea of a tone frame,for these issues to be resolved. Mr. Bader believed
that 30 days would be a reasonable.it S.
Mr. Rinker as�ecl lbw ' pig after the site plans were approved would it take to
complete the work. Mr. Bader st ted!,that he believed sometime in mid -summer, that they were
01
shooting for a June occupancy dateMr. Bader brought drawings up front for the Board's review.
The Boers reviewed the plans and Mr. Rinker asked Mr. Bader when he first
started making plans for the work to be done, when did they first receive the notice of violation, and
how long the trailers have been there. Mr. Davenport told the Board that staff had checked aerial
photographs for 2001 and did not notice the tractor -trailer parking like there is now.
No one else was present to speak in favor of the application, nor was anyone present
to speak against; therefore, Chairman Larrick closed the public comment portion of the hearing.
Mr. Davenport told the Board that staffhad received a letter from an adjoining property
owner at 1931 Millwood Pike, Lonnie M. Johns, which stated that he wished for the Zoning Ordinance
to be upheld.
DISCUSSION:
(3: S 0 p. m. Mr. Malcolm came in at this point.)
Mrs. Catlett asked if it was within the Board's power to require a time frame for the
Frederick Co. Board of Zoning Appeals
Minutes of February 25, 2003 2 Minutes Book Page 1 171
completion of the work. A discussion followed of BZA powers and duties, a review of the state code
governing appeals, and the nature (or reasons) for the delay of the approvals. Questions on possible
penalties and bonding issues were also addressed.
Ms. Mather moved to deny the appeal and affirm the decision of the Zoning
Administrator; and, additionally, that the nonconformity be cured on or before September 1, 2003,
subject to a penalty bond in the amount of $50,000. Mr. Rinker seconded the motion which passed
unanimously.
BE IT RESOLVED, THEREFORE, That Appeal Application #02-03, submitted
by Bowman Consulting Group, Ltd., to appeal three violations of the Zoning Ordinance, §165-
147; §165-27E(1) and §165-27E(2), pertaining to site plan requirements and surface and
parking space demarcation requirements at Allied Systems Corporation, is hereby denied and
the decision of the Zoning Administrator affirmed. In addition, the nonconformity shall be
cured on or before September 1, 2003, subject to a penalty, bond in the amount of $50,000.
Appeal Application #01-03, submitted by P. J 4. Riley, to appeal a violation of the Zoning
Ordinance, §165-50, Permitted Uses in the...12A, r`al Areas) Zoning District, concerning
"Country Boys Auto Sales." This propertAiis�_. ed at 5058 Front Royal Pike and is identified
with Property Identification Numbers 9��A,• 115 7ftirough 94A-1-5-18; 94A-1-6-7 through 94A-
1-6-18; and 94A -1-12A-12 and 94A-1 Al3 ithe Opequon Magisterial District.
n
ACTION -APPEAL DEN$ AN — I$ION OF ZONING ADMINISTRATOR AFFIRMED
Pursuant to#4§2.2-3" ?_HA2 and 2.2-315(E) of the Code of Virginia, Mrs. Catlett
disqualified herself fro1,icipad;
ng in the public hearing and discussion due to a possible conflict
of interest.
Patrick T. Davenport, Zoning and Subdivision Administrator, gave the background
information. Mr. Davenport stated that this appeal resulted from a letter of violation which was issued
as a response to a complaint. Investigation of the complaint led to the discovery of an automobile
sales business, automobile graveyard and re -builder business, and a roof sign. Associated with these
businesses, structures had been recently constructed without proper zoning approval which means that
no site plan had been submitted nor building permit acquired. He stated that staff had done extensive
research to find out when the Country Boys Auto Sales lousiness was first established, and when the
various expansions occurred. Mr. Davenport showed Exhibit "A" on the aerial photographs which
depicted various phases of development of the site over the years.
Mr. Douglas Harold, the attorney representing Country Boys Auto Sales, told the
Board that his client, Mr. Preston James Riley, had been in business since approximately 1968, and that
like many other businesses in the area, he started small and has just naturally grown over the years.
He Mr. Harold stated that Mr. Riley does not dispute that he should have obtained a building permit
for his new building.
Frederick Co. Board of Zoning Appeals
Minutes of February 25, 2003
3
Minutes Book Page 1 172
Mr. Riley was present for the meeting and told the Board that he has always been a re -
builder. He stated that he has been in business since about 1968 and that he has added more cars as
the years have gone by.
Mr. Harold referenced the fact that he had sent letters to each of the Board members,
dated February 10, 2003. Mr. Harold also referenced what he termed to be "a sprawl" along the
Route 522 corridor, with businesses such as Shelly's Truck Caps and Mac's Roller Rink. Once again,
Mr. Harold stated that he is not disputing that Mr. Riley's business is in violation of the zoning
ordinance but that his business employs people, pays taxes, and maintains a decent, clean facility. Mr.
Harold presented a folder of pictures that he had taken of various structures on the site, and of the
residential area along Summit Avenue.
Mr. Harold concluded by saying that he believed it would be an injustice to deprive Mr.
Riley of his livelihood, and that Mr. Riley was prepared to do whatever it takes that is reasonable to
come into compliance. He asked the Board to fashion a remedy that would enable Mr. Riley to stay
in business and not have to shut down.
Mr. Riley explained that he had sl
of them. He said he started this business when he
also stated that he was willing to do whatever w,-
Questions were posed to
purpose of various structures was, w
know that he was in violation ofEtl
compliance.
- and is currently rebuilding seven
old and that's all he knows. Mr. Riley
to stay in business.
regarding the number of employees, what the
gas electric service to the buildings, when did he
and what has he done since then to come into
Chairman Lafiick tc ' iffie applicants that although they have asked the BZA to "fashion
a remedy," they could no -t- ust ignare the zoning. This was not the type of use that could be resolved
with a CUP or that coO14 bro;.,into compliance within a certain time period.
Discussion followed on whether there were any solutions available to the applicants.
Ms. Genevieve Riley, Mr. Riley's step -mother, spoke in favor of the applicant.
The public comments portion of the hearing was closed at 4:40 p.m.
DISCUSSION:
Chairman Larrick once again stated that the BZA could not "bestow" a new zoning
designation on the property. The other BZA members agreed that the only item before them today
was whether the Zoning Administrator was correct in his determination; however, Ms. Mather
suggested that perhaps they could offer the application more direction.
Mr. Davenport said that a rezoning application was one avenue of possibility but
reminded everyone that there were no guarantees.
Frederick Co. Board of Zoning Appeals
Minutes of February 25, 2003
11
Minutes Book Page 1 173
Mr. Malcolm reminded the Board that they did not do this to Mr. Riley; this situation
was brought about by his own actions and suggested that they stick with the issue at hand, as it is not
within the Board's power to solve the violations.
Mr. Davenport told the Board that the other possibility is that Mr. Riley could appeal
to the Circuit Court and that the judge could fashion a remedy.
After some further discussion, Mr. Malcolm moved that the Board affirm the decision
of the Zoning Administrator, that the appeal be denied, and that if there is any way possible, or
favorable hopes for Mr. Riley, that this would be conveyed to whoever takes the next step. Mr. Perry
seconded the motion. The motion passed by majority vote, with Mrs. Catlett abstaining.
BE IT RESOLVED, THEREFORE, That Appeal Application #01-03, submitted by P. James
Riley, to appeal a violation of the Zoning Ordinance, §165-50, Permitted Uses in the RA (Rural
Areas) Zoning District, concerning "Country Boys Autd Sales" is hereby denied and the
decision of the Zoning Administrator affirmed.
OTHER BUSINESS:
Mr. Davenport reminded theme Beard tlifft" VIr. Mike Chandler is going to be in Leesburg
-
on March 13 at the Virginia Association of coniOfficials Conference, one portion of which is a
BZA training session. Mr. Davenportrtatedhatthe money is available in the budget to get everyone
registered, for any member ined. More information will be mailed to all of the members.
As there were no OffiRR°items to be discussed, the meeting adjourned at 5:00 p.m. by
unanimous vote.
Respectfully submitted,
James Larrick, Jr., Chairman
Carol I. Huff, Secretary
Frederick Co. Board of Zoning Appeals
Minutes of February 25, 2003 Minutes Book Page 1 174
APPLICATION #03-03 OF F. WAYNE AND LINDA K. WRIGHT
Staff Report for the Board of Zoning Appeals
Prepared: March 3, 2003
Staff Contact: Patrick T. Davenport
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:
March 18, 2003 - Action: Pending
LOCATION: This property is located on Edwards Lane (Route 1301) in Albin.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBERS: 42-A-93
PROPERTY ZONING & USE:
Zoned: RA (Rural Areas) District
Land Use: Vacant
ADJOINING PROPERTY ZONING & USE:
Zoned: RA (Rural Areas) District
Land Use: Residential
VARIANCE REQUESTED: The applicants are requesting 40 -foot left and right side yard variances
to enable the construction of a two-story single family residence.
REASON FOR VARIANCE: The applicant states that "the lot is too narrow using current zoning."
STAFF COMMENTS:
Lot 33 of the "Dunbar" Martin S. Glaize lots at Albin were recorded on June 3, 1946 as illustrated on
Exhibit "A". Lot 33 contains approximately 0.25 acres or 10,890 square feet. This property is
located within the RA (Rural Areas) Zoning District which requires the setbacks for Lot 33 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 location sketch for the lot
prepared by Greenway Engineering. As indicated, Lot 33 has 60' of road frontage and the rear
length of the lot is 41.70'. The applicant is seeking a 40' variance for the left and right sides of the
lot but is able to meet the applicable front and rear setbacks. The applicant has included a proposed
house plan which is in the agenda. The applicant would 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.
Variance #03-03, F. Wayne and Linda K. Wright
Page 2
March 3, 2003
STAFF CONCLUSION FOR THE MARCH 18, 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.
When the existing side setback requirements are applied to Lot 33, 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. Given the circumstances of the existing regulations and the area of the
subject property, the granting of this variance as submitted would be appropriate.
O:\Agendas\BZA\Staff Report\2003\Wayne & Linda Wright.doc
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APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
Sign Deposit
MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT
1. The applicant is the owner L,_�other . (Check one)
2. APPLICANT: OCCUPANT: (if different)
NAME: cj ,� �.z �r� �i 1.�� t NAME:
ADDRESS j �� P►;Ke__ - -
yA ate& 6, 3
TELEPHONE: �-to t - y & 17
ADDRESS:
TELEPHONE:
3. The property is located at (give exact directions and include State Route numbers):
0
-V, 3a A). a-
u , f t, r, 1 ' r� tt F f-
nl\ l_ Rr�t. C, Ae.,1 12cO -- ,:i-fAiAcA-e- F -r ('\:, 1'�ZlAPJ V - X21:
J ic f 2 �d of ;�e `tcK�\ f f1-4 Lry 1—:A)LwCI'S L;1. -, �C I ����, 6ft AR i0�'Vf -("'i �l
'See
The property has a road frontage of clo 0 feet and a depth of feet
and consists of acres (please be exact).
Page 5 of 9
5. The property is owned by as evidenced
by deed fromif i recorded evious owner) in deed book
no. on page of the deed books of the Clerk of the Court for
Frederick County. Please attach a copy of the recorded deed.
6. Magisterial District: i-- R j /L 2 be f, O
7. Property Identification No.: ` a-// -- / ;
8. The existing zoning of the property is: ra
9. The existing use of the property is: V t4 C A rtt i o f-
10. Adjoining Property:
USE
North s fde,L+ i o tI- s� ly
East es, cleay
South''mac-srde,-,+�� ICm,/y
West �_ c� ,L� ►� 1 - ;��p.�r �t.C�
ZONING
P�.
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.")
/eft Q,rcl ��'g/tf 1
;Z �-sfbQ-v kou-sc
12. List specific reason(s) why the variance is being sought in terms of-
exceptional
f
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
b D it F1 rz r'Z c c_j L4 Si %e4
Page 6 of 9
13. Additional comments, if any: ct e(�
ktkue
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:
NAl¢+9[E
}(
•N (1�,-+2 �-
�. C c
Address
Property ID # 9 p
}') %n'e
Address q30/
Property ID #
_
y ✓� rr� ; f� t �4L
Address 1ca�S
��1 - lc �; ,�e1��SiUa .34 0 3
Property ID #
_
C -c 2�
Address
r��� {�C1'; - i��ir%� Uig+G,o
Property ID # 9
Address
Property ID #
Address
Property ID #
Address
Property ID #
Address
Property ID #
Page 7 of 9
AGREEMENT FEB 6 200? '
VARIANCE # `0
(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
DATE A 16.3
SIGNATURE OF OWNER DATE
BZA PUBLIC HEARING OF
(if other than applicant)
-OFFICE USE ONLY-
ACTION:
- DATE -
APPROVAL SIGNED:
BZA CHAIRMAN
DENIAL DATE:
Page 9 of 9
containing 40 acres.
i
TO F.AVE AND TO HOLD THE SkfE unto the sa/Rhoe Island
Crosen, her heirs and assigns forever.
Titness the following signautures and s al s:
er
MARYE. X PLACE (;LAI,)
mar
REVEN
$0.55UE STAMPS >. :fARGARET U. SHADE )
CANCELLED ;F
HOMER SHADE
K. M. PLACE
State of Virginia LOUISA PLACE
County of Frederick, to-wit:
I, Char s P. Collins, a Justice of the Peace in and for
the County and State aforesaid, o hereby certify that Mary E. Place, Margaret UrsL1s
Shade, Homer Shade, Kirk Met el Place and Louisa Place, whose names are signed to the
foregoing deed bearing da e the tenth day of March 1914, personally appeared before me
in my County and State aforesaid and acknowledged their signatures thereto.
Given under my hand this 18 day of Earth 1914.
C. P. COLLINS J?•
VIRGINIA
cREDERIC COMITY, (SCT,
This instrument of writing was produced to me on the 3rd
d of June 1946 at 12:45 P.M. and with certificate of acknowledgment thereto annexed
as admitted to record.
Zd), (Z'"CA-t- ,CIEFtK
i
Exhibit "A"
#925
MARTIN S. GLAIZE
TO INDENTURE
• �#i::IX--Xiu#####iHF;cCrsY#;h:F#;�.Y-Yr;F;F;F;H;-$ ! b ��2 �YG
THIS INDENTURE made and dated this 3rd, day of June, 1946, 1�
by Martin S. Glaize, a widower.
i
P.TITNESSETH, that whereas the said party hereto is the owner �o=L'e*tif10
in fee simple and proprietor of a certain tract or parcel of land, lying and being situates,.- D.
on the Western side of Virginia -U.S. Highway No. 522, about three (3) miles Northwest of "k Y7
pal
Winchester, in Stonewall District, Frederick County, Virginia, which said real estate was
conveyed to him by Robert L. Hartman and wife, by deed dated October 19, 1904, and of
record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed
Book No. 125, page 150; and
of land into lots, streets and alleys, said sub-division being known as "Dunbar" Martin
S. Glaize Lots at Albin, a plat of which, showing locations and dimensions of all lots,
streets and alleys therein, is attached hereto, and by this reference incorporated
herein.
NOW THEREFORE, in consideration of the premises, the uj_ _-
signed does hereby state and certify that said sub-division as appears by said plat,
with his free consent, and in accordance with his desire, this statement and certifi — ion
being made pursuant, and subject to the provisions of Sections 5217, 5218, and 521E of the
Code of Virginia.
Fitness the following signature and seal.
MARTIN S. GLAIZE ( _)
State of Virginia
County of Frederick, to -wit:
I, Virginia Ritter, a notary public in and for the Coun, of
!Frederick, in the State of Virginia, do hereby certify that Yartin S. Glaize, whose
name is signed to the foregoing writing bearing date of June 3, 1946, has personally
appeared before me in my county aforesaid, and acknowledged the same.
Given under my hand this 4th, day of June, 1946.
My commission expires March 243 1948.
VIRGINIA RITTER
Notary Public
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VIRGINIA
FREDERICK COUNTY, (SCT.
This instrument of writing was produced to me on the 4th
day of June 1946 at 12:30 P.M. and with certificate of acknowledgment thereto annexed
was admitted to record.
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Exhibit "B"
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JEFFREY A. SMITH, ET AL � � i 42—A-92
DB 765 PG 903 WAYNE & LINDA WRIGHT
* DENOTES PROPOSED VARIANCE
FOR SIDE SETBACKS
INST. N0.
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EDWARDS LANE
(VA. ROUTE 1301)
30' R/W
NOTES
THE BOUNDARY INFORMA77ON SHOWN HEREON IS BASED ON A CURRENT FIELD SURVEY BY
THIS FIRM.
NO TITLE REPORT FURNISHED, EASEMENT OTHER THAN SHOWN MAY EXIST.
NO PORTION OF THIS PROPERTY LIES WITHIN THE 100 YEAR FLOOD ZONE, PER F.LR.M.
COMMUNITY—PANEL / 510063 0105 B, DATED JULY 17, 1978.
PROPOSED HOUSE LOCATION
ON THE PROPERTY OF
F. VWAYNE FRIGHT & LINDA K. WRIGHT
GAINESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA
SCALE: 1" = 30' DATE:JAN. 27, 2003
GREENWAY ENGINEERING
151 Windy Hill Lane
Engineers Winchester, Virginia 22602
Surveyors Telephone: (540) 662-4185
FAX. (540) 722-9528
Founded in 1971 www.greenwayeng.com
oekw�p,LTH
RICHARD A. EDENS a
No. 002550
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TOTAL LIVING AREA:
1)900 SQ. FT
VALUE PLAN
This two-story traditional home will
Traditional Two -Story
be worthy of note wherever built.
In the front you enter into a foyer
with a powder room to your left.
k`: �
An expansive family room adjoins
DINETTE
9'. 10" FAMILY
FAMILY
the living room, plus a formal dining
R
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area. The kitchen has an abundance
15 136
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LIVING
DINING LIVING
I
off the master bedroom. The master
ROOM
ROOM ROOM
ROOM
bedroom has a full size bath, along
116X 116 14' . 116
x
FOYER
with a walk-in closet. Another full
size bath serves the remaining two
bedrooms.
0 3 Bedrooms
Cl
0 2 Baths, I Powder Room
AT
.BATIi
0 Spacious Master Suite/Sitting Room
111 Elegant, Formal Design
21 Large Family Room/
MASTER BELOTWEN
.
Dinette Combination
BEDRM BEDR M
I1'. 16' I2_'x 118
Width: 36'
SITTING AREA
Depth: 26'
Slab/crawl option shown
WALL OPTIONS:
0 2" x 4" N 2" x 6"
FOUNDATION'OPTIONS:
0 Slab 0 Crawl Space 0 Full Basement
7EGORY F.
—i-roHINSON
ATTORNEY AT LAW
12a S. BRAOOOCK ST.
WINCHESTER, VA 22601
4ti,:Y�SEI � •!
THIS DEED,
made and dated this 160ay of , 2002, by and
between DOROTHY V. WILLIAMS ADMINISTRATRIX C.T.A. under the
will of STELLA VIRGINIA ARMEL, hereinafter called the Grantor; and F.
WAYNE WRIGHT and LINDA K. WRIGHT, husband and wife, hereinafter
called the Grantees.
WITNESSETH: That for and in consideration of the sum of Ten Dollars,
and other valuable consideration, the receipt of which is hereby acknowledged,
the Grantor does hereby grant and convey with Special Warranty of title unto the
Grantees, as tenants by the entireties, with common law right of survivorship, the
following property:
(1) All of that certain lot or parcel of land, together with all
improvements and appurtenances thereto belonging, lying and being
situate along the Northern side of Martin Street, a short distance West
of Virginia State Highway No. 789 (formerly U.S. Highway No. 522)
about three miles Northwest of Winchester, in Gainesboro District,
formerly Stonewall District, Frederick County, Virginia, fronting on
said Martin Street a distance of 60 feet, and extending back Northward
a distance of 174.3 feet along its Western side and 167.5 feet along its
Eastern side, with a width of 41.7 feet in the rear.
(2) All of that certain adjoining lot or parcel of land, together with all
improvements and appurtenances thereto belonging, lying and being
situate along the Western side of Virginia State Highway No. 789,
(formerly U.S. Highway No. 522), about three miles Northwest of
Winchester, is Gainesboro District, fonnerly Stonewall District,
Frederick County, Virginia, fronting on said highway a distance of 64.2
GREGORY F.
HUTCHINSON
ATTORNEY AT LAW
124 S. BRAOOOCK ST.
WINCHESTER, VA 22601
feet, and extending back Westward a distance of 206.7 feet along its
Northern side and 200 feet along its Southern side (being the Northern
boundary of Martin Street), with a width of 99.5 feet in the rear.
AND BEING the same property conveyed to Stella V. Annel by
deed dated May 14, 1984, from Rudolph C. Martin, Executor of the
Estate of Hubert C. Martin, of record in the Clerk's Office of the
Circuit Court of Frederick County, Virginia, in Deed Book 576, at Page
847; the said Stella Virginia Armel died testate on February 15, 2002;
her will gave her executor the power to sell real estate. The executor
named in the will declined to serve and in his place Dorothy V.
Williams became the administrator with the will annexed, by
in
appointment of the Deputy Clerk dated March
No. 020000050. The said
d the
aforesaid Clerk's Office in the probate
Dorothy V. Williams having taken the prescribed oath as Administrator,
C.T.A., and entered into the required bond has authority to sell the
testator's real estate pursuant to Virginia Code Section 64.1-147.
Reference is hereby made to the aforesaid instruments and the attachments
and the references therein contained, for a more particular description of the
property hereby conveyed.
This conveyance is made subject to all easements, rights of way and
restrictions of record, if any, affecting the subject property.
v,,i:ig sig��atare and seal:
WITNESS the follo
rl, , / 1 SEAL)
DOROTHY . WILLIAMS,
Administratrix, C.T.A., under the will of
STELLA VIRGINIA ARMEL
STATE OF
C+T-Y/COUNTY OF At& to -wit:
The foregoing instrument was ackn
,q)yledged before me in my
aforesaid jurisdiction this &0day of 2002, by DOROTHY V.
WILL"S, Administratrix, C.T.A., under the will of STELLA VIRGINIA
Icy Commission Expires: Jja, 4 00 5
OTARY P6BLECC,
VIRGINIA-: FREDETIC"KC01-JNT Y. SCT.
This instrument of -,vnnng was produa:d to me on
r,_1:11J*,C1, 1'd Cf
J- J06.09
Cierk
EGORY F.
1,JTCHJNSON
ATTORNEY ATLAW
124 S. 6RA000CK ST.
WINCHESTER, VA 22601
APPLICATION #04-03 OF EDWARD AND PATRICIA NIITCHLER
Staff Report for the Board of Zoning Appeals
Prepared: March 3, 2003
Staff Contact: Patrick T. Davenport
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:
March 18, 2003 - Action: Pending
LOCATION: This property is located on the corner of Wellbourne Lane and Parrishville Road
(Route 610) in Whitham Estates (Lot 18).
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBERS: 26-7-3-18
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 applicants are requesting a 15 -foot front yard setback variance
from Wellbourne Lane for the construction of a single family residence.
REASON FOR VARIANCE: Exceptional slope of property (please refer to attachments).
Variance #03-03, Edward and Patricia Mitchler
Page 2
March 3, 2003
STAFF COMMENTS:
Lot 18 in Section 3 of Whitham Estates was approved on September 10, 2002 as illustrated on Exhibit
"A". Lot 18 contains 2.58 acres and is located within the RA (Rural Areas) Zoning District. Whitham
Estates is being developed as a Rural Preservation Subdivision under the zoning ordinance regulations
§165-54 through §165-56. Under these regulations, the front setback for a state -maintained road
constructed to serve the subdivision lots is 45 feet. The front setback from an existing state road is 60
feet. This requirement was established as an amendment to the Zoning Ordinance on October 13,
1993. The applicant has indicated that the subject lot contains steep slopes situated in a manner which
would cause excessive financial expenditures for grading operations related to the construction of a
single family dwelling.
Exhibit `B" is a copy of a portion of the subdivision from the approved preliminary sketch plan
depicting the subject lot. One of the requirements of the preliminary sketch plan is to depict the
existing topography on 10 -foot contour intervals. After conducting a field visit, the topography
depicted on the plan does not match the existing topography. The field visit also afforded the
opportunity to confirm or refute the applicant's contention of the existence of steep slopes on the
subject property. The subject property does contain topography of a "moderately extensive" slope.
STAFF CONCLUSION FOR THE MARCH 18, 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. Section 15.2-2309(2) further provides an "exceptional topographic"
allowance for a variance to be granted.
The subject property does contain sloping topography. The topography of this particular property
does not approach the category of "exceptional topography." "Exceptional topography" is usually
reserved for topographic features such as rock outcroppings, cliffs, etc. and not for curable
conditions such as filling operations. The expectation and possibility of expending considerable
financial resources (as a lone condition) should not qualify the applicant for a variance due to a
hardship approaching confiscation. The applicant should have considered this condition prior to
purchasing the property. Since the first condition under § 15.2-2309(2) has not been met, denial of
this variance would be appropriate.
O:\Agendas\BZA\Staff Report\2003\Edward & Patricia Mitchler.doc
AL PLAT FOR RURAL PRESERVATION SUBDIVISION
OF A PORTION OF THE LAND OF
WHITHAM ORCHARDS, INC.
WHITHAM ESTATES - SECTION 3
BACK CREEK MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA
DECEMBER 20. 2000
ro
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BETH 6cntQl
CHURCH p VICINITY 0MAP
0'
I" = 2000'
OWNER'S CERTIFICATE
THE ABOVE AND FOREGOING RURAL PRESERVATION SUBDIVISION OF A PORTION OF
THE LAND OF WHITHAM ORCHARDS, INC., tS APPEARS ON THE ACCOMPANYING PLATS, IS
WITH THE FREE CONSENT AND IN ACCORDAfrICE WITH THE DESIRES OF THE UNDERSIGNED
OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY.
COMMONWEALTH OF VIRGINIA �
CITY / LTi' OF l.r ) I r rhe h1J , TO EMIT: ���`
�
THE FOREGOING OWNER'S CERTIFICATES WAS ACKNOWLEDG BEFORE ME THIS DAY
OF 2001 BY �J 6�� /� lsrn2 0�. G rfLr LbLA mJ
MY COMMISSION EXPIRES `Md—)L -3 / OTARY PUBLIC
SURVEYOR'S CERTIFICATE
1 HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS SUBDIVISION IS A PORTION OF
"TRACT 1" CONVEYED TO TIMBER RIDGE ORCHARD, INC. BY DEED DATED MARCH 7, 1956
OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE IN DEED BOOK
240 AT PAGE 383. TIMBER RIDGE ORCHARD, INC. SUBSEQUENTLY CHANGED THE NAME
OF SAID CORPORATION TO WHITHAM ORCHARDS, INC., AS EVIDE IMAkENDMENT TO
ARTICLES OF INCORPORATION DATED APRIL 16,
1,962 OF RECORD IN SAID CLERK'S OFFICE IN
DEED BOOK 971 AT PAGE 421. VAR SM FH, L.S.
APPROVALS:
.4•/•o
DATE
J -,,y i
DATE
09 no U�
ATE
.� GREE
151 Wosdyl=Lane
End Wbxheaw,22602
Ssavegus T'e1ep,Ir�,r�e; 0662-4185
FAX- (540) 722-9528
Fbunded in 1971 u%w4pwe n wyeggxa +
PARENT TAX PASSEL
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26—((A))-55
ZONE: RA USE: AGRI.
MARK D. SMITH
No. 002009
F2561. SHEET 1 OF 6
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NOTE QCT PRFS"'�74TI N
DOT -SHADED AREAS DENOTE DRAINAGE EASEMENTS HEREBY
DEDICATED TO FREDERICK COUNTY.
F—_
DRAINAGE EASEMENT
SEE NOTE BELOW
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PRIVATE ENTRANCE SERVING LOT 18 IS TO BE CONSTRUCTED 100 0 100
ALONG THE FRONTAGE OF WELBOURNE LANE ONLY AND IS
HEREBY PROHIBITED FROM BEING CONSTRUCTED ALONG GRAPHIC SCALE (IN FEET)
THE FRONTAGE OF PAR/SHWLLE ROAD (RTE. 610).
SEE SHEET 6 FOR LINE DATA, CURVE DATA, LEGEND, AND NOTES.
FINAL PLAT FOR RURAL PRESERVATION SUBDIVISION
OF A PORTION OF THE LAND OF
WHITHAM ORCHARDS, INC.
WHITHAM ESTATES - SECTION 3
BACK CREEK MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINb
SCALE: 1" = 100' DATE: DECEMBER 20, 2000
-$
GREENWAY ERGINEER::�:G
151 Windy HUI Lane
Engineers W40tenze, VupWa 22602
Surveyors Telephone: (540) 6662-4185
FAX (540) 722-9528
Fowidmd in 1977 www.®r wayewcnvn
ARK D. SMITH
No. 002009
F2561 SHEET 2 OF 6
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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 x other . (Check one)
2. APPLICANT: OCCUPANT: (if different)
NAME: Edward & Patricia Mitchler NAME:
ADDRESS 2405 Ross street ADDRESS:
Alexandria,VA 22306-1827
TELEPHONE: 703-660-6069 TELEPHONE:
3. The property is located at (give exact directions and include State Route numbers):
VA Route 610 Parishville Road - Lot #18 Whitham Estates
9/10 mile from intersection Route 50/Route 610 in new
development on left : Wellbourne Lane
4. The property has a road frontage of 2 5 5 feet and a depth of 398.07 feet
and consists of 2. 5 8 5 3 acres (please be exact). (irregular shaped lot)
2003
Page 5 of 9..,::..- "a
r
jl
5. The property is owned by Edward & Patricia Mitch 1 e r as evidenced
by deed from Wh i t h a m Estates recorded (previous owner) indeed book
no. on page of the deed books of the Clerk of the Court for
Frederick County. Please attach a copy of the recorded deed.
6. Magisterial District: Back Creek
7. Property Identification No.:
8. The existing zoning of the property is: RA
9. The existing use of the property is: Re s i d e n t i a l
10. Adjoining Property:
North
East
South
West
USE
Residential
Residential
Residential
Residential
- Single Family Home
ZONING
RA
RA
RA
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 15 foot frontage variance on Wellbourne Lane
for construction of a new home
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
Exceptional slope of property ; please refer to attachments
Page 6 of 9
To Frederick County BZA
W "iria,nce is being sought because of the exceptional slope of our lot #16 and the excessive
_.ope of lot# 23 next to us with the potential of having heavy rain run off. l would like to build
our home with the driveway facing Wellbourne Lane and have at least a 2% incline into the
garage to prevent any water from entering the garage area. Our 256 feet of frontage on Rt. 610
Parishville Rd slopes over 20 feet in that distance from Wellbourne Lane to Lot # 17 beside gas.
Because of this I'm requesting a 15 foot variance toward Wellbourne Lane. Rey major concerns
are to have enough depth to sink the basement floor into the ground without the floor being
exposed, and/or having to go to the expense of having hundreds of truck loads of fill brought in.
If this Variance is granted at the 30 foot BRL then at this point the property is exactly 8 feet
below the black top on Wellbourne Lane and by using 9 foot walls will not have a problem
obtaining an 2% incline into the garage. Plus I will not have any exposed sub floor.
I have had all the above concerns confirmed by Greenway Engineering
WeAnesday, Febnaary19, 2003 Anwica Online: CananAWOLT Page: 1
13. Additional comments, if any:
Re:Question #14: This is a new development and if other properties have been
sold, those owners would be known by John Scully of Colony Realty.
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:
AJANAW
John Scully
Colony Realty
Addressll2 North Cameron St., Winchester, VA 22601
Property ID #
Paulette & Darrin VandenBosch
Address 278 Parishville Rd., Gore, VA 22637
Property ID #
Pat Mullinson
Address 536 Parishville Rd., Gore, VA 22637
Property ID #
Address
Property ID #
Address
Property ID #
Address
Property ID #
Address
Property ID #
Address
Property ID #
Page 7 of 9
AGREEMENT
VARIANCE # --0-4--.03
(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) dqys 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 (f„� a✓�.9 ,►7 /l
DATE -21/y�c3
SIGNATURE OF OWNER
BZA PUBLIC HEARING OF
APPROVAL
DENIAL
(if other than applicant)
-OFFICE USE ONLY -
- DATE -
SIGNED:
DATE:
Page 9 of 9
DATE
ACTION:
BZA CHAIRMAN
110
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GREGORY F.
::HI 1S01V
1 4NEY AT LAW
4 S. RRAODOCK ST
JCHESTER, VA 22 601
THIS DEEB, made and dated this lo� - day of September, 2002, by and
between'1,XgI1THAM ORCHARDS, INC., a Virginia corporation, hereinafter
called the Grantor; and EDWARD R. MITCHLER and PATRICIA ANN
MITCHLER, husband and wife, hereinafter called the Grantees.
WITNESSETH: That for and in consideration of the sum of Ten Dollars,
and other valuable consideration, the receipt of which is hereby acknowledged,
the Grantor does hereby grant and convey with General Warranty and English
covenants of title unto the Grantees, as tenants by the entireties, with common
law right of survivorship, the following property:
All that certain lot or parcel of land, lying and being situate in
Back Creek Magisterial District, Frederick County, Virginia, and more
particularly described as lots Lot 18 of WIRTHAM ESTATES,
SECTION 3, the Deed of Dedication of said subdivision is recorded in
the Office of the Clerk of the Circuit Court of Frederick County,
Virginia, as Instrument No. C)17 o c., / -and the plats of said
subdivision are attached thereto, to which reference is here made and
incorporated herein as if set out in full; AND BEING a portion of the
property conveyed to Timber Ridge Orchard, Inc. by deed dated iviai elt
7, 1956, of record in the aforesaid Clerk's Office in Deed Book 240, at
Page 383. Timber Ridge Orchards, Inc. subsequently changed its name
to Whitham Orchards, Inc., as evidenced by the Amendment to
Articles of Incorporation dated April 16, 1962, of record in the
aforesaid Clerk's Office in Deed Book 971, at Page 421.
Reference is hereby made to the aforesaid instruments and the attachments
and the references therein contained, for a more particular description of the
property hereby conveyed.
This conveyance is made subject to all easements, rights of way and
restrictions of record, if any, affecting the subject property.
WITNESS the following signature and seal:
WHITHAM ORCHARDS, INC.
i1
i
,_.._ 4 � �'�£-`.-, (SEAL
By: t' , �Hc )
C' : bom T_ THANL President
STATE OF VIRGINIA,
CITYf� OF }`1C to -wit:
The foregoing instrument was acknowledged before me in my City/County
and State this 1 —' _ day of September, 2002, by GORDON T. WHITHAM,
President of WHITHAM ORCHARDS, INC.
My Commission Expires:'Anru-i r oL C)0 -
NOTARY PUBLIC
VIRGINIA: FREDERICK COUNTY, SCI'.
This instrument of writing mas produod to the on
o?OOZ at a94 .
:ul r��ilh ccnificate of acknowledgement there o annexe'_i
as admit.ci to record. Ta imposed by SCC_ 58,.1-gt12 cf
.3D• OD and 58.1 -801 have been paid., if assessable
�4� , Clerk
GREGORY F_
4U -FGF- 1PJSON
1TTORNEY AT LAW
'4 S. BRADI7OCK ST.
JCHESTER, VA22SO9
d^,
a
•_ _. ` = 2 iii••'
Taken at 70 feet from center of Wellbourne Lane -
height above ladder is 12 feet to see through 4" PVC pipe
Aft
At
At 55 feet from center of Wellbourne Lane -
I needed to elevate the camera exactly 8 feet to see
through a section of 4" PVC pipe
Descending view at 55 feet from center of Wellbourne Lane
View from south end of lot 18 (bordering lot 17)
View from lot 23
ME��`��-�
View from border of lots 17 and 18
Truck was not moved.
Invoice
ED MITSCI ILER Invoice Number:
2405 ROSS ST.
ALEXANDRIA, VA 22306-1827 January 31, 2003
Attention:
Project: 2561M WHITHAM ORCHARD, FREDERICK CO.
Professional Services for the Period: 12/1/2002 to 1/31/2003
Job Number: 10955
LOT # 18
Professional Services
RE-EVALUATE SLOPE OF PROPERTY
Date Hours
CIVIL ENGINEER 12/19/2002 3.50
RE-EVALUATE SLOPE OF PROPERTY TOTAL: 3.50
Professional Services Totals:
Project Totals:
*** Total Invoice Amount:***
Rate Charge
75.00 262.50
$262.50
$262.50
$262.50
Aged Receivables:
Curren t 31-60 Days 61-90 Days 91-120 Days > 120 Days Total Due
$262.50 $0.00 $0.00 $0.00 $0.00 $262.50
Pavment Terms Alet 10 days. A late charge of 1.5% will be added to any unpaid balance after 30 days.
8ngineers Surveyors
Telephone 40-662-,1185 FAX 540-722 9528
NAW W.9 fePnwaM W. coin
GREEMPRY EGE'
1. 51 Win& Hill 1-ane
Wilichester, Virginia 22602
Pounded in 1971
Invoice
ED MITSCI ILER Invoice Number:
2405 ROSS ST.
ALEXANDRIA, VA 22306-1827 January 31, 2003
Attention:
Project: 2561M WHITHAM ORCHARD, FREDERICK CO.
Professional Services for the Period: 12/1/2002 to 1/31/2003
Job Number: 10955
LOT # 18
Professional Services
RE-EVALUATE SLOPE OF PROPERTY
Date Hours
CIVIL ENGINEER 12/19/2002 3.50
RE-EVALUATE SLOPE OF PROPERTY TOTAL: 3.50
Professional Services Totals:
Project Totals:
*** Total Invoice Amount:***
Rate Charge
75.00 262.50
$262.50
$262.50
$262.50
Aged Receivables:
Curren t 31-60 Days 61-90 Days 91-120 Days > 120 Days Total Due
$262.50 $0.00 $0.00 $0.00 $0.00 $262.50
Pavment Terms Alet 10 days. A late charge of 1.5% will be added to any unpaid balance after 30 days.
8ngineers Surveyors
Telephone 40-662-,1185 FAX 540-722 9528
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FEB -19-03 12:03 FROM-GREENNAY ENGIN«RING P C. 5407229528 T-096 P 001/003 F-059
AN RE AY ENGINEERING
151 Windy Hill Lane
Winchester, Virginia 22602
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Project Name:
Whithaw 9states - Lot 18
File No.:
2561
Date:
2/19/03
To: Ed Mitchler
Fax. No.:
Total pages:
Copied -
703 -660-10$7
3
From: Richard A. Edens, LS
MUM= CHICINEERING
Phone: 540-652-4185
Fax: 540-722-9528
Email: redens@greenwayeng.com
Remarks: 1- Urwo Id-. For Your Review We As You Requested r ResubraWd
Moessage:
Mr. Mitchler,
Please find attached copies of selected portions of the preliminary sketch plan for the above -
referenced project for your use, as requested. Yow attention is directed to note 4 on the second
page which references the source of the topographic contours shown. As you will notice, the
contours are shown at a 20 foot contour interval which shows minimal detail. Lot 18 lies mostly
within the 1220-1240 interval, with a small portion along Welboume Lane lying in the 1240-1260
interval_ 1 don't believe we heve any further information as to elevations available, but call me if
you have any other questions.
Sincerely,
Rich
Engineers Surveyors
Telephone 540-662-4185 FAX 540-722-9528
www.greenwayeng.com
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1. CURRENT OWNER OF RECORD. TO
WHITHAM ORCHARDS, INC. (FORMERLY KNOWN AS TIMBER RIDGE ORCHARD, INC.)
SEE DEED BOOK 240, PACE 383 AND DEED BOOK 272, PAGE 555.
2. PARENT TAX PARCEL NO.: 27 A- is 26-A-54, 26A-55, 26-A-58, & 26-A-59.
ZONE. RA CURREN;r USE AGRICULTURAL/ORCHARD
PROPOSED USE- RESIDENTIAL
3. THE PROPERTY SNOMW HEREON LIES ENTIRELY MTHIN ZONE C. AREAS OF A91NIM4L FLOODING
PER FLOOD INSURANCE RATE 44APS NO, 510063 0050 B AND 51006) 01001 B, DATED JULY 17, 1978.
4. THE CONTOURS SHOWN HEREON WERE ENLARGED FROM U. S. G. S. 7.5' QUADRANGLE kMP GORE VA-KV'
AND 'CAPON BRIDGE, WV VA" AND HAVE NOT BEEN FIELD VERIF/ED. CONTOUR INTERVAL w 20 FEET.
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