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BZA 01-20-04 Meeting AgendaAGENDA FREDERICK COUNTY BOARD OF ZONING APPEALS The Board Room Frederick County Administration Building 107 N. Kent Street Winchester, Virginia January 20, 2004 3:25 p.m. CALL TO ORDER 1) Determination of a Quorum 2) Minutes of November 18, 2003 PUBLIC HEARING 3) Appeal Application #13-03 of Hodgson Construction, to appeal the decision of the Zoning Administrator in the administration of the Zoning Ordinance pertaining to permitted uses in the 133 zoning district. This property is located at 221 Commonwealth Court, and is identified with Property Identification Number 75-A-91 C in the Shawnee Magisterial District. 4) Variance Request #15-03 of Clifford Staton for a 40 -foot variance for each side yard on the north and south sides, and a 25 -foot front yard variance from the 20 -foot ingress/egress easement. This property is located near the intersection of Front Royal Pike and Clydesdale Drive. To reach the property, turn off Front Royal Pike onto Clydesdale Drive, turn left onto an unnamed lane, proceed to the end of the lane and the property is located on the left. The subject property is identified with Property Identification Number 76A-1-32 in the Shawnee Magisterial District. 5) Variance Request 916-03 of Clifford Staton for a 40 -foot variance for each side yard on the north and south sides, and a 25 -foot front yard variance from the 20 -foot ingress/egress easement. This property is located near the intersection of Front Royal Pike and Clydesdale Drive. To reach the property, turn off Front Royal Pike onto Clydesdale Drive, turn left onto an unnamed lane, proceed to the end of the lane and the property is located on the left. The subject property is identified with Property Identification Number 76A-1-34 in the Shawnee Magisterial District. 6) Other FILE COPY MEETING MINUTES OF THE FREDERICK COUNTY BOARD OF ZONING APPEALS 7 7..1 .] ' aL. ,. .7 D +b. rl 1r 1, m i r+r Heid in uic Board �.00�� of use Frederick Count, A .�rrds-ation Building, 107 1:. sent Street, Winchester, Virginia, on November 18, 2003. PRESENT: James Larrick, Jr., Chairman, Gainesboro District;; Dudley Rinker, Back Creek District; Lennie Mather, Red Bud District; Robert Perry, Stonewall District; Theresa Catlett, Vice Chairman, Opequon District; and, Robert W. Wells, Member -At -Large. ABSENT: Thomas Malcolm, Shawnee District STAFF PRESENT: Patrick T. Davenport, Zoning and Subdivision Administrator; Mark Cheran, Planner I; and, Bev Dellinger, BZA Secretary CALL TO ORDER The meeting was called to order by Chairman Larrick at 3:25 p.m. OCTOBER 21.2003 MINUTES: On a motion by Mr. Perry and seconded by Mr. Wells, the minutes for the October 21, 2003 minutes were approved as presented. PUBLIC HEARING Appeal Application #13-03 of Hodgson Construction, to appeal the decision of the Zoning Administrator in the administration of the Zoning Ordinance pertaining to permitted uses in the B3 zoning district. This property is located at 221 Commonwealth Court, and is identified with Property Identification Number 63 -A -91C in the Shawnee Magisterial District. ACTION - APPEAL TABLED FOR SIXTY (60) DAYS Mark R. Cheran, Planner I, gave the background information. Mr. Hodgson submitted a site plan for an indoor sports facility that was approved by staff on November 6, 2002. This site plan was for an indoor sports facility, on property zoned B3. The site plan does not adequately address in detail any of the accessory uses that the applicant is appealing. Staff met with Mr. Hodgson on Monday, November 17, 2003 in an attempt to determine which uses that Mr. Hodgson desires would be allowable. Mr. Cheran stated that Mr. Hodgson is amenable to requesting this appeal be tabled for 60 days. This would allow Mr. Hodgson time to determine his options as far as permitted uses. Mr. Hodgson approached the podium and requested that the Board table this appeal for 60 days to allow him time to re -submit a new site plan. Chairman Larrick asked Mr. Davenport if the Board granted Mr. Hodgson's request, Frederick Co. Board of Zoning Appeals Minutes of October 21, 2003 Minute Book Page 1210 Page 2 would he still have the right to appeal. It was determined that the Board has 90 days from the date of the application to take action, so it would be appropriate to grant Mr. Hodgson's request to table this appeal. Chairman Larrick asked the Board members to vote on Mr. Hodgson's request to table this appeal for 60 days by saying aye for their approval, and it was a unanimous vote. Chairman Larrick stated that he had received a letter from Mr. Wines, to which all the Board members responded they also had received the letter. Without going into specifics, Mr. Davenport stated that the matter addressed in the letter was taken to a subcommittee for a determination in presenting it to the Board of Supervisors in January or Febuary. As there were no other items to be discussed, the meeting adjourned at 3:40 p.m. by unanimous vote. Respectfully submitted, James Larrick, Jr., Chairman Bev Dellinger, Secretary 1=re3ernck Co. Board of Zoning Appeals Minutes of October 21, 2003 Minute Book Page 1211 APPEAL APPLICATION #13-03 CO HODGSON CONSTRUCTION f Staff Report for the Board of Zoning Appeals w Prepared: October 30, 2003 (Updated January 7, 2004) A. Staff Contact: Patrick 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: November 18, 2003 - Action: Tabled for 90 Days January 20, 2004 - Action: Pending LOCATION: The property is located at 221 Commonwealth Court. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER(S): 75 -A -91C PROPERTY ZONING & USE: Zone: B3 (Industrial Transition) District Land Use: Indoor sports complex: "Sportsplex" (Under construction) ADJOINING PROPERTY ZONING & USE: Zone: North: M2 (Industrial General) Land Use: Dairy Zone: West and South: B3 (Industrial Transition) Land Use: Vacant/Undeveloped Zone: East: N/A - Interstate 81 APPEAL: To appeal the decision of the Zoning Administrator in the administration of the Zoning Ordinance concerning permitted uses in the B3 zoning district. REASON FOR APPEAL: The applicant contends that physical therapy, chiropractic center, massage therapy, restaurant/snack bar and the outdoor soccer field are accessory uses to the sportsplex and the fitness facility. STAFF COMMENTS: Staff received an undated letter from the applicant seeking a determination regarding the allowed accessory uses in the proposed indoor sports facility ("Sportsplex"). Indoor sports facilities are classified by the Zoning Ordinance as Amusement and Recreation Services, Not Elsewhere Classified as SIC Group 7999. This is an allowed use in the 133 zoning district. The Staff Report, Updated January 7, 2004 Appeal Application #13-03, Hodgson Construction Page 2 applicant submitted a site plan for an indoor sports facility that was approved by staff on November 6, 2002. (Site Plan #25-02) This site plan was for an indoor sports facility. The site plan does not adequately address in detail any of the accessory uses that the applicant is appealing. Staff provided a zoning determination letter dated October 20, 2003 to the applicant. Staffs letter to the applicant provided affirmative or negative responses to each of the proposed uses listed in the applicant's letter. In determining allowed uses within various zoning districts, staff uses the Standard Industrial Classification Manual (SIC) designations provided in the Zoning Ordinance. Each commercial and industrial zoning district provides SIC codes that are associated with that particular use. The appeal application specifies several uses listed as not approved by staff determination, that the applicant believes should be allowed as accessory uses to the "Sportsplex". The uses being appealed are "Physical Therapy", "Chiropractic Center", "Massage Therapy", "Restaurant/Snack Bar", and "Outdoor Soccer Field". "Physical Therapy" is listed under SIC 8049 Offices and Clinics of Chiropractors. These uses are grouped under SIC Major Group 80 Health Services. The Zoning Ordinance allows SIC Major Group 80 only in the B2 (Business General) and MS (Medical Support) Districts. "Massage Therapy" is listed as SIC Group 7299 Miscellaneous Services, Not Elsewhere Classified (Massage Parlors). This use is grouped under SIC 72 Personal Services and is only allowed in the B2 Zoning District. Regarding the "Restaurant/Snack Bar" proposed use, staff provided a positive response in allowing a "Snack Bar". However, staff determined that a full service 'Restaurant" would not be permitted. Restaurant uses are listed under SIC Group 5883 Eating Places and grouped under Major Group 58 Eating and Drinking Places. The Zoning Ordinance allows all related SIC 58 uses in the B 1 and B2 Districts and SIC 5883 uses in the MS District. Regarding the "Outdoor Soccer Field", staff determined that use to be classified under the Zoning Ordinance provision of "Commercial Sport and Recreation Clubs", which is allowed only in the B2 District. Furthermore, the provision allowing "Sportsplex" in the B3 District is described as: "Amusement and Recreation Services Operated Indoors". An "Outdoor" soccer field does not jibe with the use description. STAFF CONCLUSIONS FOR THE NOVEMBER 18, 2003 MEETING: At the applicant's request, the BZA tabled the request for 90 days. STAFF CONCLUSIONS FOR THE JANUARY 20, 2004 MEETING: Staff is requesting affirmation of the Zoning Administrator's determination, that the uses listed in the appeal application by the applicant, are not permitted in the B3 zoning district on this property. Omit Patrick Davenport, Zoning Adminstrator, It has been brought to my attention that Spotsplex may have some zoning issues. In this letter I will make an attempt to clarify the intent of Sportsplex programming. B-3 zoning, indoor sports facilities, is not addressed in detail. The ordinance is vague at best. These issues need to be addressed and changes made by either change in ordinance, special use or conditional use. Sportsplex has been a work in progress for over 5 years. My vision was to provide our area with an indoor facility that would provide our area youth and families a place to play sports and be active in a family setting. During my research and study of feasibility it became clear that sports alone would not support such a facility. Therefore, for this facility to be feasible, it was necessary to investigate other sources of potential revenue to enhance the indoor sports facility. I have been soliciting Frederick Co. supervisors and the parks & rec. department, for the past 3 years for financial and usage support in bringing this community project to reality. To this date I have received no support other than " It's a great idea we could really use such a facility". Without public support is has become even more important to find accessory sources of income related to indoor sports to support this project. The following activities are planned for Sportsplex: Youth & Adult Leagues Moms & Tots Programs Youth Clinics & Camps Senior Citizens Day Programs Church, Corporate & Civic Programs Civic Fundraising Programs Roller Skating Regional & National Tournaments Special Conventions (seating for 1000) Apple Blossom Events. Special Shows Concerts Major School Functions Banquets Trade Shows Accessory Facilities Gymnastic Center Fitness Facility & Massage Therapy Retail Store `Restaurant/snack bar Physical Therapy Chiropractic Centei Martial Arts Studio Aerobics Studio See brochure for more details. mrairri Sportsplex is truly a multipurpose sports and event enter. Multipurpose is the only way this facility can be successful. In addition to the activities within Sportsplex, our community will benefit from the additional employment, revenues to businesses, as well as the taxes generated by other uses in this facility. I am requesting support from all government agencies in any way possible. I truly need your support. The only exit plan I have at this time if any of my sources of revenue are rejected by our local agencies is to convert this building to a climate controlled warehouse facility. Not the best choice for the community. Sincerely, Ron Hodgson President cc: Board of Supervisors Richard Shickle, Margaret Douglas, Sidney Reyes, Robert Sager, Harrington Smith, Lynda Tayer, Gina Forester. John Riley Co. Administrator Honorable Frank Wolf Governor Mark Warner Senator Russ Potts Jim Doran Jim Longerbeam Economic Development Chamber of Commerce Division of Tourism Winchest Star Northern Va. Daily October 20, 2003 HodQson Construction Attn: Ron Hodgson, President 1 1 W Apple Pie Ridge Road Winchester, Virginia 22603 COUNTY of FREDERICK Department of Planning and Development RE: Zoning Determination Property Identification Number (PIN): 75 -A -91C Zoning District: B-3 (Industrial Transitional District) Dear Mr. Hodgson: 540/665-5651 FAX: 540/665-6395 "This letter is in response to your correspondence, received by the Frederick County Department of Planning and Development, on October 10, 2003, regarding a Zoning Determination letter on the above -referenced property (see attached letter). The "zoning issues" that you have referenced in your letter for zoning determination are: You stated in your letter, "indoor sports facilities are not addressed in detail in the Frederick County Zoning Ordinance in the B-3 Zoning District." Staff response: The Zoning Ordinance classifies indoor sports facilities as Amusement and Recreation Services operated indoors: Standard Industrial Classification (SIC) Group 79. Frederick County uses the Standard Industrial Classification in conjunction with the Zoning Ordinance to determine the allowed uses in the business and industrial districts. The Frederick County Zoning Ordinance does not provide for Conditional Use Permits in the B-3 Zoning District. You reference "other activities that may be planned for the Sportsplex." a) "Youth and Adult Leagues" - Allowed use. I ) "Mom and Tots programs" - This type of use is allowed only if the daycare is an accessory use to the Sportsplex or any sports programing involving moms and tots. An independent day care facility which allows parents not participating in athletic activities to drop off children is not an allowed use. 107 North Kent Street • Winchester, Virginia 22601-5000 N Page 2 Ron Hodgson, President, Hodgson Construction Re: Zoning Determination; Property Identification #75-A-91 C October 20, 2003 C) "Senior Citizens Day Programs" - Participation of senior citizens in athletic activities and programs is permitted. This use needs to be further identified. d) "Church, Corporate, and Civic Programs" - These uses must be athletic in nature. e) "Civic Fund-raising Programs" - These uses must be athletic in nature. fl "Regional and National Tournaments" - This sports use is allowed, but will be restricted in the size of the event, due to the parking requirements of the approved site plan. g) "Youth Clinics and Camps" - If this is a sports related allowed use, it will be limited in size by parking requirements noted on approved Site Plan # 25-02 h) "Rolling Skating" - This use is allowed. i) "Snack Bar" - This use is allowed as an accessory use to the Sportplex only, in the B-3 Zoning District. ;. The below list of uses are allowed in the B-3 Zoning District, but not allowed on this site per the approved Site Plan #25-02: 4. "Special Conventions (seating for 1000)" - Classified SIC Code 79 Amusement and Recreation Services. 5. "Apple Blossom Events" - Classified SIC Code 79 Amusement and Recreation Services. 6. "Special Shows" - Classified SIC Code 79 Amusement and Recreation Services. d) "Concerts" - Classified SIC Code 79 Amusement and Recreation Services. e) "Major School Functions" - This use needs to be further identified. 1) "Banquets" - Classified SIC Code 79 Amusement and Recreation Services. g) "Trade Shows" - Classified SIC Code 79 Amusement and Recreation Services. Page 3 Ron Hodgson, President, Hodgson Construction Re: Zoning Determination; Property Identification #75-A-91 C October 20, 2003 A revised site plan is necessary to accommodate these above -referenced uses. Therefore, prior to conduction any of these uses on the property, a revised site plan must be submitted and approved, with all improvements completed. 4. Listed below are accessory facilities not allowed on this site due to the inappropriate zoning district: a) "Massage Therapy" - SIC Code 72 Personal Services allowed in B-2 (General, Business District). b) "Restaurant" - SIC Code 58 Eating and Drinking Places allowed in B-1 (Business Neighborhood) District, B-2 (General Business) District, and MS (Medical Support) District. C) "Physical Therapy" - SIC Code 80 Health Services allowed in B-1 (Business Neighborhood) District, B-2 (General Business) District, and MS (Medical Support) District. d) "Chiropractic Center" - SIC Code 80 Health Services allowed in B-1 (Business Neighborhood) District, B-2 (General Business) District, and MS (Medical Support) District. 5. Allowed accessory uses on this site: a) Martial Arts Studio - This use is allowed. b) Aerobics Studio - This use is allowed. C Gymnastic Center - This use is allowed. d) Fitness Facility - This use is allowed. e) Retail Store - This use is allowed. 6. Your brochure advertises other planned activities and amenities not included in your letter. These uses are: a) "Conference Rooms" - This use must be accessory to the Sportplex only. Page 4 Ron Hodgson, President, Hodgson Construction Re: Zoning Determination; Property Identification #75-A-91 C October 20, 2003 b) "Private Party Rooms" - This use needs to be further identified. c) "Adult Quiet Room" - This use needs to be further identified. The below -referenced uses are classified the by Frederick County Zoning Ordinance as Commercial Sport and Recreation Clubs and are only allowed in the B-2 (Business General) District, therefore, they are not allowed on this site: a) Batting and Pitching Cages. b) Outdoor Jogging Track. C) Outdoor Soccer Field. You may have the right to appeal this determination within thirty (30) days of the date of this letter in accordance with Section 15.2-2311 of the Code of Virginia. This decision shall be final and unappealable, if it is not appealed within thirty (30) days. Should you choose to appeal, the appeal must be tiled with the Zoning Administrator and the Board of Zoning Appeals (BZA) in accordance with Article XXI, Section 165-155A(1), of the Frederick County Zoning Ordinance. This provision requires the submission of an application form, a written statement setting forth the decision being appealed, the date of decision, the grounds for the appeal, how the appellant is an aggrieved party, any other information you may want to submit, and a $250.00 filing fee. Once the appeal application is accepted, it will be scheduled for public hearing and decision before the BZA. Please contact me at (540) 665-5651 regarding any questions you may have. Sincerely, /_ G✓lam/ IAw� Patrick T. Davenport, CZA Zoning and Subdivision Administrator PTD/MRC/bah Attachment CY) C) z ,0 Clf) U) sir 0 < CY) C) z ,0 Clf) U) 0 < a0z� Z < � 0- APPLICATION FOR APPEAL IN THE COUNTY OF FREDERICK, VIRGINIA -OFFICE USE ONLY - Appeal Application #�C Submittal Deadline Submittal Date ! i For the meeting of Fee Paid i.- yes initials: 0 . f 3 i A C, V MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner 1z other . (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: �.N ��JJ/) NAME: ADDRESS110A Ie Piz '1 (ZJ. ADDRESS: TELEPHONE: 247 -,S L `? y TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): 221 I rk ` 1- W i -U c Z& Yl? -C' A t/4 7 2- 60 2- 7Ai4E I 1� �, tc� Il��p,��i'�wcJ -tuik,r✓ ZeI! 4A.J ��.•u,cey.yrkte1/44- C/ 7o till e e 4. Magisterial District: - k,.,. w V & 5. Property Identification No.: 6. The existing zoning of the property is: 9-3 -& /,tm a u zc: &,- I f4- l?u ir u �� e& � 7. The existing use of the property is: AV 8. Adjoining Property: USE Northf �f P H-od East1 - -3 1 South VA C'A ,VI - West V-A ck,� i ZONING A4 ;Z 9-3 9-3 9. Describe the decision being appealed. (Attach a copy of the written decision.) A 1101rdo d I/j- C-2 Wa r A ll v tJ a cel = P% X , j e -c I %4 eP- 4 0 X; C4 1 !' �� AA c -h c fief. MA �3 uT�I2L�� J 6 c'r'-& I l e-ld to & Ad STI N 10. Describe the basis of the appeal, indicating your reason(s) for disagreeing with the decision. (This may be provided on separate sheet.) 11. Additional comments, if any: 12. The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the appeal is being sought, including properties at the sides, rear, and in front of (across street from) the subject property. (Use additional pages if necessary.) 'These people will be notified by mail of this application: (Please list Property Identification Number.) NAME PAve- ff,111dA Address PO i3cc27/5 Cvwc V4 22 1 Property ID # -A l -Io P, Address 160 14oc) d -2 27,C0 -I- Property ID # 63 -/1 ss PRCYrexfics g VA Ll Address 2 6-'4,,4�A6% iui,tirc 10`.t Z Z66% Property ID # 75 _ /. _ 9 L Address Property ID # l - A - Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # AGREEMENT APPEAL # - 8 3 I (we), the undersigned, do hereby respectfully petition the Frederick County Board of Zoning Appeals (BZA) to overrule the administrative interpretation of the County Zoning Ordinance as described herein. I agree to comply with any conditions 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 hereby certify that all of the statements and information contained herein are, to the best of my knowledge, true. SIGNATURE OF APPLICANT DATE / v �z c, 3 SIGNATURE OF OWNER DATE (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF / / S n3 ACTION: ' A9L-� D - DA�E- APPEAL OVERRULED APPEAL SUSTAINED SIGNED: DATE: File: O:\Lmd Use Applications\Application FomsWPEAL Revised: 01/14/03 BZA CHAIRMAN § 165-82 ZONING § 165-82 Allowed uses Funeral homes and crematories Car washes Videotape rental Medical offices Child day-care services Civic, social and fraternal organizations Public buildings Public utility distribution facilities Business signs Directional signs Residential uses which are accessory to allowed business uses Parks Churches Restaurants [Added 12-9-19921 Art dealers, art supplies and art framing [Added 4-26-19951 Fire stations, companies and rescue squads [Added 10-27-19991 Tobacco stores [Added 1-10-20011 Accounting, auditing and bookkeeping services [Added 1-10-2001 _ Standard Industrial Classification (sic) 726 7542 784 801, 802, 803 and 804 835 864 5812 5993 B. [Amended 8-8-1990; 6-11-1991; 6-8-1994; 7-10-1996; 2-26-1997; 8-13-19971 B2 Business General District. The intent of this district is to provide large areas for a variety of business, office and service uses. 16613 7-20-2001 § 165-82 FREDERICK COUNTY CODE § 165-82 General business areas are located on arterial highways at major intersections and at interchange areas. Businesses allowed involve frequent and direct access by the general public but not heavy truck traffic on a constant basis other than that required for delivery of retail goods. General business areas should have direct access to major thoroughfares and should be properly separated from residential areas. Adequate frontage and depth should be provided, and access should be properly controlled to promote safety and orderly development. Nuisance factors are to be avoided. (1) Allowed uses shall be as follows: Standard Industrial Classification Allowed Uses (SIC) Veterinary offices with all activities 074 and animals kept within the fully enclosed primary structure Animal speciality services, except veterinary, 0752 with all activities and animals kept within the fully enclosed primary structure [Added 1-10-20011 Communication facilities and offices, 48 including telephone, telegraph, radio, television and other communications Electric, gas and other utility 49 facilities and offices, excluding the following: Sanitary services 495 Paint, glass and wallpaper stores 523 Hardware stores 525 Retail nurseries and lawn and garden 526 supply stores General merchandise stores 53 Food stores 54 16614 7-20-2001 § 165-82 20ivING § 165-82 Standard Industrial Classification Allowed Uses Automotive dealers and gasoline service 55 stations Apparel and accessory stores 56 Home furniture, furnishings and 57 equipment stores Restaurants 58 Miscellaneous retail, except for 59 the following: Fuel dealers 598 Finance, insurance and real estate — offices Hotels and motels 701 Organization hotels and lodging 704 Personal services, including laundry and 72 funeral services, excluding the following: Industrial launderers 7218 Business services, excluding 73 the following: Miscellaneous equipment rental. 735 Car washes 7542 Miscellaneous repair services .76 Motion picture theaters, except drive-in 7832 Videotape rental 784 Amusement and recreation services 79 operated indoors Golf driving ranges and miniature golf 7999 courses t . 16615 2-10-2001 11 § 165-82 FREDERICK COUNTY CODE § 165-82 Standard Industrial Classification Allowed Uses (SIC) Health services 80 Legal services 81 Child day-care facilities 8351 Membership organizations 86 Engineering, accounting, research, 87 management and related services General business offices - Model home sales offices - Self-service storage facilities - Public buildings - Public utility distribution facilities - Business signs - Directional signs - Building -entrance signs - Residential uses which are accessory to - allowed business uses Parks - Churches - Libraries - Electrical supplies 506 Hardware and plumbing and heating 507 equipment Commercial batting cages operated outdoors -. Adult care residences and assisted living - care facilities Flex -Tech - 16616 2-10-2001 § 165-82 FREDERICK COUNTY CODE § 165-82 Standard Industrial Classification Conditional Uses (SIC) (c) All merchandise display areas shall be limited to enclosed structures and shall not be visible from the outside. (d) Business signs shall not exceed a maximum of 25 square feet. No wall - mounted signs or window displays shall be permitted. (e) Hours of operation shall be limited to between 9:00 a.m. and 11:00 p.m. C. B3 Industrial Transition District. The intent of this district is to provide for heavy commercial activities, involving larger scale marketing or wholesaling, in locations that are separate. from but in the vicinity of business and industrial areas. In some cases, such areas may be transitional, located between business and industrial areas. In these areas, there will be a mixture of automobile and truck traffic. Some of the uses in this district will require large areas of land and may have outdoor storage and display. It is intended that the uses in this district shall not be sources of noise, dust, smoke or other nuisances. Such industrial transition areas shall be provided with safe and sufficient access. Standard Industrial Classification Allowed Uses (SIC) Veterinary services with all activities and 074 animals kept within the fully enclosed primary structure [Amended 1-10-20011 Animal speciality services, except 752 veterinary, with all activities and animals kept within the fully enclosed primary structure [Added 1-10-20011 Landscape and horticultural services 078 16618 6-10-2003 § 165-82 ZONING § 165-82 Standard Industrial Classification Allowed Uses (SIC) Offices and storage facilities for 15, 16 and building construction contractors, 17 heavy construction contractors and special trade contractors Commercial printing 275 Local and suburban transit and 41 interurban highway passenger transportation Motor freight transportation and warehousing 42 Transportation by air 45 Transportation services 47 Communication facilities and offices, 48 including telephone, telegraph, radio, television and other communications Electric, gas and other utility 49 facilities and offices and trucking and warehousing, excluding the following: Sanitary services 495 Building materials, hardware, garden 52 supply, mobile home dealers and retail nurseries Automotive dealers and gasoline 55 service stations Wholesale trade businesses — Laundry, dry-cleaning and garment 721 services, excluding the following: Coin-operated laundries 7215 (Cont'd on page 16619) 16618.1 6-10-2003 § 165-82 Allowed Uses ZONING Business services Automotive repair, services and parking Miscellaneous repair services Drive-in motion picture theaters Amusement and recreation services operated indoors Self-service storage facilities Vocational schools Business associations Professional membership organizations Labor unions and similar labor organizations Engineering, accounting, research, management and related services General business offices Model home sales office Accessory retailing Public buildings Public utility distribution facilities Business signs Directional signs Building entrance signs Residential uses which are accessory to allowed business uses Parks § 165-82 Standard Industrial Classification (SIC) 73 75 76 75 79 16619 12-15-99 § 165-94 FREDERICK COUNTY CODE § 165-97 B. The Planning Commission may require landscaped screens or full landscaping, as defined by § 165-37B of this chapter, to separate uses +k; . ,-I' +.:..+ fr....� A* 'n:nr� oc. anti -,l i �cec nnA +n achieve +1 �r� In i IIs dlsU ICL 11 o I1 adjoining ng residen tial ul. � � ul w w ac sieve a re intentions of this chapter. § 165-95. Height limitations. Buildings, signs and structures may be erected up to 45 feet in height. ARTICLE XIII MS (Medical Support) District [Added 9-12-20015] § 165-96. Intent. The MS (Medical Support) District is intended to provide for areas to support hospitals, medical centers, medical offices, clinics, and schools of medicine. These areas are intended to allow for a variety of support services and related residential land uses to be within close proximity of each other to provide for professional and patient convenience. All land to be contained within the Medical Support District shall be included within a master development plan to ensure that land uses are compatibly mixed, designed in a harmonious fashion, and developed to minimize adverse impacts to adjoining properties. § 165-97. Permitted uses. A. All land uses shall be developed in accordance with an approved master development plan that meets the criteria in Article XVIII of this chapter. B. Structures are to be erected or land used for one or more of the identified uses. The permitted uses are identified by Standard Industrial Classification. All uses described by Standard Industrial Classification are allowed only if the major group, industry group number, or industry number general group titles are used. (1) Educational support services: 5 Editor's Note: This ordinance also redesignated former Arts. XIII through XXI as XIV through XXII, respectively, and renumbered §§ 165-96 through 165-145 as 165-104 through 165-156, respectively. 16628 10-25-2001 § 165-97 ZONING § 165-97 Standard Industrial Allowed Uses Classification Allowed Uses (SIC) Colleges, universities, 822 professional schools, and 5499 junior colleges Libraries 823 Nursing schools, practical 8249 (2) Research support services: Standard Industrial Classification Allowed Uses (SIC) Research and development facilities for the following manufacturing groups: . Drugs 283 Commercial physical and 8731 biological research Noncommercial research 8733 organizations Testing laboratories 8734 (3) Professional and commercial support services. 16629 10-25-2001 Standard Industrial Classification Allowed Uses (SIC) Convenience stores 5411 Retail bakeries 546 Coffee stores, health food 5499 stores, and vitamin stores Retail uniform stores 5699 16629 10-25-2001 § 165-97 FREDERICK COUNTY CODE § 165-97 Standard Industrial Classification Allowed Uses (SIC) Eating places 5812 Drug stores and proprietary 591 stores Bookstores 5942 Stationary stores 5943 Gift shops, greeting card shops, 5947 and balloon shops Florists 5992 News dealers and news stands 5994 Optical goods stores 5995 Orthopedic and artificial limb 5999 stores Life insurance offices 6311 Accident and health insurance 6321 offices Hospital and medical service 6324 plans offices Pension, health and welfare funds 6371 offices Insurance agents, brokers and 6411 service offices Operators of nonresidential 6512 buildings Real estate agents and managers 6531 offices Holding offices 671 Hotels and motels 701 16630 10-25-2001 § 165-97 ZONING § 165-97 Standard Industrial Classification Allowed Uses (SIC) Organizational hotels and lodging 704 houses Garment pressing and agents for 7212 laundries and drycleaners Linen supplies 7213 Beauty shops 7231 Barber shops 7241 Photocopying and duplicating 7334 services Medical equipment rental and 7352 leasing Data entry, data processing, data 7374 verification, and optical scanning data service Hearing aid repair and medical 7629 equipment repair, electrical Dental instrument repair, 7699 laboratory instrument repair, medical equipment repair, except electric, microscope repair, optical instrument repair, scientific instrument repair, except electric, and surgical instrument repair Physical fitness facilities 7991 Membership sports and recreation 7997 clubs Offices and clinics of doctors 801-804 and dentists 16631 10-25-2001 VARIANCE APPLICATION #15-03 AND #16-03 OF CLIFFORD STATON Staff Report for the Board of Zoning Appeals Prepared: January 7, 2004 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: January 20, 2004 - Action: Pending LOCATION: Turn off Front Royal Pike onto Clydesdale Drive, take first left (entrance to Canter Estates) onto unnamed lane (Clydesdale extension) and travel to the end of the lane. The properties are on the left. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER(S): PROPERTY ZONING & USE: 76A-1-32 and 76A-1-34 Zoned: RA (Rural Areas) District Land Use: Vacant ADJOINING PROPERTY ZONING & USE: North: Zoned: RA Use: Vacant South: Zoned: RA Use: Vacant East: Zoned: RA Use: Armel Elementary School West: Zoned: RP Use: Residential VARIANCE REQUESTED: The applicant is requesting forty (40) -foot variances for each side yard on the north and south sides of both lots and a twenty five (25) foot front yard variance from the 20' ingress/egress easement on both lots Variance #15-03/#16-03 Clifford Staton Page 2 January 7, 2004 REASON FOR VARIANCE: The lois are too narrow to build on and adjacent properties to the rear are zoned RP for similar size lots. STAFF COMMENTS: The subject properties were subdivided March 24, 1947 as evidenced by the deed and plat included in the agenda. Exhibit "A" illustrates the layout of the lots which are currently zoned RA (Rural Areas). When the original lots were created, each lot contained approximately '/4 acre in area. The zoning ordinance [§ 165-55A (1) & (2)] specifies the setbacks for these lots as being 60' 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 a plat for boundary line adjustment/lot consolidation approved on December 20, 2003 which consolidated three lots (Lot 32, 33, and 34) into two lots (Lot 32 and Lot 34). The building restriction lines were not depicted on this plat because no buildable area exists on the two new lots. The applicant is requesting approval of three variances for each lot. Exhibit "C" illustrates the details of the two requests. Two variances of 40' are requested for the North (left) and South (right) sides of each lot. The result of this request would enable 10' left and right side setbacks for each lot. For each lot, one variance of 25' is requested for the fronts of the lots from the 20' ingress and egress easement. The result of this request would enable a 35' front setback from the easement for both lots. No variance is requested from the other front side adjacent to the right ofway for Front Royal Pike (Route 522). STAFF CONCLUSION FOR THE JANUARY 20, 2004 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 32 and 34, 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. Although the staff report for both variance requests were combined, separate votes are necessary for each request. I 1. The applicant is the owner other . (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: G tj jZ ►2 15;TA- r6 /J NAME: ADDRESS �b�j /�/{'�iV Si ADDRESS: —aeayU I u� e, .,/ A- z--e-bI 1 TELEPHONE:- q 5,5 - ZCD & S TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): i j2)t a I (LT `( I S o l� E �'i f i'T E;-nf (� 4. The property has a road frontage of �7 feet and a depth Of 1-79' feet and consists of �3 f �Z.� , (please be exact) S,2 ;—T, 5. The property is owned by (i U I rrOiLD _q, Lo R -"i W L '5 TA—T(Dail as evidenced by deed from 4AC_JL�e_ recorded (previo� owner) in deed book no. 76 4 on page x'00 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: 7. 14 -Digit Property Identification No.: -%(o A - ---,-2- 8. --,Z8. The existing zoning of the property is: 9A 9. The existing use of the property is: V C-IOU4r 10. Adjoining Property: USE ZONING NorthF (Lc s s b�ntT'rxL East -RL fA, i'Lo�Yt7 South i \/ 1L,} West F, 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 4-o' v 01`10 2-1:,> PJ D (7--r4 + -so L) -r4 -f- -5) oes 4 fl ZS/ 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 (�c�'i'S 4e6 Too IjA-a-mz ., TL �o ► L►� o - FP ro(L Srn�ic�,y2 ��2E STs 13. Additional comments, if any 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 notifd by mail of this application: NAMEGO `�t-YOO�--IPAddress 146 Property 1D## -76�}' _ Z) �JA- 22b� j P NAME I)i.4N t-rk t5,, L A-1LzE5 Address --,71-71 ;--(togi t `iA �IG2 Uj ! �X-��7�fZ_ \,L+ 226 &2 --,Property ID# -7 � � 4 � R NAME JA- S -6'0 Property IN -7 /6 0 I - ' Z--"'6 NAME G LI F Fo rC T.7 Si �t -ru nl Property ID# -76, 4 - l -- '34 NAMEJ u 4 N t iA Property ID# ?G A e i Address 1' O r--3 6 'v- 4-9 C 57 Pc--i)s �1Ty 225✓ Address So 1 E . Mkt ,y s - - T3 rrg,P,JifiUA-226 Address 1 1 `+ C-, s-r��rf res c k T,/ v?4 NAME �d-2-7-0-ill - 6(.( AFt. Address Property IN INLIvlz Property ID# NAME Property ID# NAME Property ID# NAME Property ID# Address Address Address Address 1 5. Provide a sketch of the property (you may use this page). Show proposed and/or existing structures ,,,i the property, including measurements to all property lines and to the nearest structure(s) on adjoining properties. Please include any other exhibits, drawings or photographs with itis application. Pap 3 of 3 AGREEMENT VARIANCE # 4.12 = L/3 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 �ti DATE SIGNATURE OF OWNER (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF /A 0 b Ll ACTION: ATE - APPROVAL SIGNED: DENIAL DATE: DATE BZA CHAIRMAN a CO 10 to M r O m LLLL I.f LL a :3 ^ >UCL a o I I� ZCal: 000 U � D] I r QV LLI0 QY li mrx0 LU g ^ Gm LLy I N ��Ya� P 1 1 J Front- 1 11 Go i N � C.) W W N i Page 1 of 5 APPLICATION FOR VARIANCE DEC 0 8 2303 IN THE COUNTY OF FREDERICK, VIRGINIA 1. The applicant is the owner 2. APPLICANT: other . (Check one) OCCUPANT: (if different) NAME: G L i rrO n�7 S l kTv Ni NAME ADDRESS509 F • AAA(M 'Sr- ADDRESS \/,4 2 L TELEPHONE: S S ZO 65 TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): Vj2rJ Oi Q�N 1 jzw-1f , itV+� ON 7"U r2N cam'-�'T a,�Ta Ah) O UAV w t5 -c> PO r15�4_y 117 o /Ij beF�7_ AT 6� f? o r 4.--A /1) t✓ 4. The property has a road frontage of % S feet and a depth of j -7e feet and consists of J ---!7,S7-0 �, (please be exact) —;;,Q F� 5. The property is owned by + L,062(I-f-W <�, j A-Trj as evidenced by deed from L�6>V p AA Cl? recorded (previous owner) in deed book no. %(-4' on page Ct CSO 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: Q 'Jo P,� 7. 14 -Digit Property Identification No.: -76 N S. The existing zoning of the property is: V./1- 9. The existing use of the property is: q*C-+Ar—F 10. Adjoining Property: 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.") + 4o ��2�R�f�� =ay2 e, o -o4 O.AS /J ZS (Z-7 44 Sa u7 (C) t --S �� -Z 5,• 1i hV,1 AJ\fCC raft- r✓ /J -T `iA-(LD �F" ,44 -Z-AD 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 L.. v -ts ►'L-� T"� N A�R-2a c J 7�� (3 t�)j O j q-- 46- J5 AJ -T- rJUrt51ffJ-JA5S —IQ �P 0(2- 5, 1 41 1L-,J-177-- scZEr tit .5 13. Additional comments, if any II�E ZONING North `- A East 13 77� Aq,7 South V AC./knrT West S, I f9Enl'ri A 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.") + 4o ��2�R�f�� =ay2 e, o -o4 O.AS /J ZS (Z-7 44 Sa u7 (C) t --S �� -Z 5,• 1i hV,1 AJ\fCC raft- r✓ /J -T `iA-(LD �F" ,44 -Z-AD 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 L.. v -ts ►'L-� T"� N A�R-2a c J 7�� (3 t�)j O j q-- 46- J5 AJ -T- rJUrt51ffJ-JA5S —IQ �P 0(2- 5, 1 41 1L-,J-177-- scZEr tit .5 13. Additional comments, if any 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 notifd by mail of this application: NAME Fe -L 121 a«l- CO. SC I -F OU Address J N I SMr fftxST 5- -- A- , 90Ar Lor OCt4c,9-Te-✓L VA- Z� Property ID# � � NAME -,J,3A-t�s i TA T77. l-AtL-O Address 2 i-7 1 j aD/JT IZ-61/f-0-- e( V --e- 1.0 I NGrf�s�2c2- VA � LGc7� Property ID# '76 -,4 - Ot I NAME J ��6 Property ID# '76 f '7 - ) - - - 2-z,,B NAME C L I F Fa R- i�;> 5; rs Property ID# -76 A - J - �2 NAME C.l.� r Fa ►2.� 5 i A' m ni Property ID# -7(O A ) " -77,75 Address I b P,2bu L� Qa D c c- - J ZX7-C 55 Address '��;b4 E , 114AYAt �T Address zv b q G. /k,+/ Al ST NAMEZ L -/F }fib S T N�%ltlXa ddress Property ID# NAME Property ID# NAME Property ID# NAME Property ID# NAME Property ID# Address Address, Address. Address j; 2- O / vI Lt --E VA- 2 Page 4 of 5 15. Provide a sketch of the property (you may use this page). Show proposed and/or existing structures on the property, including measurements to all property lines and to the nearest structure(s) on adjoining properties. Please include any other exhibits, drawings or photographs with this application. Page S of S AGREEMENT VARIANCE ff 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 APPLICANTa/ DATE SIGNATURE OF OWNER DATE (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF t) V ACTION: -D E APPROVAL SIGNED: BZA CHAIRMAN DENIAL DATE: date of May 10th, 1946, have personally appeared before me in my county aforesaid, and acknowledged the same. Given under my hand this 10th day of May, 1946. My commission expires March 24, 1948. i I VIRGINIA RITTER N o ary lc Exhibit "A" PLAT I Un/KHO&15,6;f LOTS a V /i/Gf/WA Y fjPONT/r'oyy� To I�%/YCH�STEfPYA. Q�E�!�1OiYQ,CSTiQ/CT�iP,cEDE�P/Cf.'Ca. YA T. JWs S,-j1V V4W S,T,C, 1. VIRGINIA FREDERICK COUNTY, (SCT. This instrument of writing was produced to me on the 14th, day of May 1946 at 3:00 P.M. and with certificate of acknowledgment thereto annexed was admitted to record. �� wen . „CLERK ALLIE BRILL (Seal) WALTER BRILL (Seal) State of Virginia County of Shenandoah, to -wit: I, F. L. McWilliams, a notary public in and for the County of Shenandoah, in the State of Virginia, do hereby certify that Allie Brill and 'Halter Brill, her husband, whose names are signed to the foregoing writing bearing date of January 22, 1946, have personally appeared before me in my county aforesaid, and acknow- ledged the same. Given under my hand this 8 day of May, 1946. My Commission Expires September 11th, 1948. F. L. McWILLIAMS Notary is VIRGINIA FREDERICK COUNTY, (SCT. This instrument of writing was produced to me on the 14th, day of May 1946 at 1:00 P.M. and with certificate of acknowledgement thereto annexed was admitted to .record. —,CLERK. ��a�r.-�� aux-ra-r.�..��;t�-r:�,rx,.�.st:t-.�•�t #805 ae J. H. FUNKHOUSER- ET UX a TO PLAT L The attached plat represents a lot development known as v the Funkhouser Lots, situated along the Western side of Virginia -U. S. Highway No. 522,' otherwise known as the Front Royal Highway, about 52 miles Southeast of Vidnchester, in Ope.quon District, Frederick County, Virginia, and being a portion of that certain larger tract or parcel of land which was conveyed to J. H. Funkhouser by W. E. Edwards, Executor of the Estate of Annie S. Armel, Dec'd., and others, by deed dated September 6, 1945, and of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book No. 193, page 272. Said plat correctly shows the dimensions and locations of the respective lots in said development, and is made with the full and free consent of the said J. H. Funkhouser and Katie/Funkhouser, his wife. Witness the following signatures and seals this 10th day of May, 1946. J. H. FUNKHOUSER (Seal.) KATIE -C. FUNIMOUSER (Seal) State of Virginia County of Frederick, to -wit: I, Virginia Ritter, a notary public in and for the County of Frederick,.in the State of Virginia, do hereby certify that J. H. Funkhouser and Katie Funkhouser, his wife, whose names are signed to the foregoing writing bearing FINAL PLAT, BOUNDARY LINE ADJUSTMENT & CONSOLIDATION of LOTS 32 33 34 030027684 FUNKHOUSER LOTS Q Clifford E. & B. Lorraine Staton NO ' TM #76A-1-32, 33, 34 Deed Book 764, Page 900 -r— October 8, 2003 Zoned RA CY% Opequon District, Frederick County, Virginia SURVEYOR'S CERTIFICATE: I, Mchael M. Artz, a duly authorized land surveyor, do hereby certify that the land hereby adjusted and consolidated is in the name of Clifford E. & B. Lorraine Staton and was acquired as stated in the Owner's Certificate. t Certified Land Surveyor OWNER'S CERTIFICATE: The undersigned fee simple owners hereby certify that the land herein adjusted and consolidated is the land originally acquired by Clifford E. & B. Lorraine Staton by deed dated August 1991 and recorded in Deed Book 764, Page 900. Said deed being of record in the Clerk's Office of Frederick County, Virginia. This Boundary Line Adjustment and Consolidation as it appears on the accompanying plats is with the free consent and in accordance with the desires of the undersigned owners of said land and the same is hereby confirmed and submitted for record in the Clerk's Office of Frederick County, Virginia. NOTARY CERTIFICATE: _ STATE OF VIRGINIA,-F-TMCOUNTY OF firecleri lZ to -wit: The foregoing owners consent and dedication was acknowledged before me this day oft�n..{obcT 200 My commission expires 28.2007 4NotaryP CERTIFICATE OF APPROVAL This consolidation is approved by the undersigned in accordance with existing subdivision regulations and may be admitted to record - 21(7 --10 AW� �� date Frederick County Subdivision Administrator SHEET 1 Exhibit "B" Vt ca z(---1� 1"-'E in m LOT 37 DISTANCE 4 NOTES: SHE'E t. BOUNDARY SHOWN HEREON WAS DETERMINED BY A FIELD RUN SURVEY N 77'24'45' E PERFORMED BY ARTZ & ASSOCIATES ON SEPTEMBER 3. 2003. L3 2. THIS PLAT IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 24.31' C = POINT LOT 35 • = REBAR SET UNLESS OTHERWISE NOTED L5 10' WATER LINE EASEMENT 25.00' L41 FOR THE BENEFIT OF LOT 35, 36, 37 S 77'06'41' W I ZONED RA CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE __.1 L9 Cl 12.00' 24.25' 20.33' S 83'25'16" E 115'47'13" L11 Vt ca z(---1� 1"-'E in m LOT 37 DISTANCE H � N 1310'20" W x Ll! LOT 36 N 77'24'45' E 410 SQ. FT. INGRESS -EGRESS & UTILITY L3 EASEMENT FOR REVISED LOTS 32 & 34. 24.31' L4 LOT 35 @FOUNDL2 L5 10' WATER LINE EASEMENT 25.00' L41 FOR THE BENEFIT OF LOT 35, 36, 37 S 77'06'41' W I ZONED RA REBAR w v ( USE RESIDENTIAL ) FOUND I N 77-06'41' E 163.05' 2 OF 2 LINE BEARING DISTANCE Cl— N 1310'20" W 0.72' L2 N 77'24'45' E 3.89' L3 N 135715" W 24.31' L4 N 77'06'41" E 16.44' L5 S 1310'20' E 25.00' L6 S 77'06'41' W 20.00' L7 S 1312'27' E 9.10' L8 N 76'46'17" E 15.00' L9 S 25'31'39' E 69.46' L10 N 38'41'08' E 29.31' L11 N 28'30'52' E 21.23 L12 N 27'10'35" W 32.38' L13 I S 7633'45'_W_ 7.20 FINAL PLAT CONSOLIDATION AND BOUNDARY LINE ADJUSTMENT OF LOTS 32133 & 34 FUNKHOUSER LOTS OPEQUON DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: = 50' DATE: OCTOBER 24, 2003 PRESENT OrER: CLIFFORD dl B. LORRAINE STATON TM #76A-1-32,33,34 DB 764, PG 900 PPGJECT '20700 AREA TABULATION PRE CONSOLIDATION & ADJUSTMENT TM . 76A-1-32 8,908 SQ. Ff. TM .76A-1-33 8,906 SQ. FT. TM 76A-1-34 8,768 SQ. Ff. POST CONSOLIDATION & ADJUSTMENT TM 76A-1-32 13,362 SQ. FT.. TM 76A-1-34 13,220 SQ. Ff. 123 SQ. FT. INGRESS -EGRESS EASEMENT FOR LOTS 35. 36 & 37. M RA SETBACKS NOT DEPICTED FRONT 60' SIDE 50' REAR 50' �' PLT H OF &I MICHAEL M. ARTZ r No. 1951 ">Av�HO SURVF'�O Artz and Associates, PLC A Subsidy of Valk" Enylneering, PLC lxo SBR&E LAND PLANNING DEVELOPMENT 16 Emt N redly Sheet W"::HEMR. VA 22601-4740 TEL 540-667-3233 FA% 540-667-9188 \ TOLL FREE 1-800-755-7320 ZONED RA(S6.t ( USE RESIDENTIAL )1 1 REVISED 1 0 LOT 34 20' WIDE INGRESS -EGRESS I o � I 13,220 SQ, FT. EASEMENT FOR REVISED LOT 32. _ _ _ _ THIS DEED LINE _ -)7- 3:: WREBY VACATED 1 ` ZONED RP ( USE RESIDENTIAL) N LOT 33 1 1 ` 768-1-3-238 o THIS NEW LINE _ N 7TO6'41' E JASBO INC HEREBY CREATED 178,12 j #020019782 Z THIS DEED UNE LOT 238 HEREBY VACATED REVISED o i CANTER ESTATES LOT 32 LOT 32 0 SECTION 3 PHASE 1 13,362 SQ. FT. ZONED RA ( USE RESIDENTIAL ) S 77'06'41' W 178.19' LOT 31 FINAL PLAT CONSOLIDATION AND BOUNDARY LINE ADJUSTMENT OF LOTS 32133 & 34 FUNKHOUSER LOTS OPEQUON DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: = 50' DATE: OCTOBER 24, 2003 PRESENT OrER: CLIFFORD dl B. LORRAINE STATON TM #76A-1-32,33,34 DB 764, PG 900 PPGJECT '20700 AREA TABULATION PRE CONSOLIDATION & ADJUSTMENT TM . 76A-1-32 8,908 SQ. Ff. TM .76A-1-33 8,906 SQ. FT. TM 76A-1-34 8,768 SQ. Ff. POST CONSOLIDATION & ADJUSTMENT TM 76A-1-32 13,362 SQ. FT.. TM 76A-1-34 13,220 SQ. Ff. 123 SQ. FT. INGRESS -EGRESS EASEMENT FOR LOTS 35. 36 & 37. M RA SETBACKS NOT DEPICTED FRONT 60' SIDE 50' REAR 50' �' PLT H OF &I MICHAEL M. ARTZ r No. 1951 ">Av�HO SURVF'�O Artz and Associates, PLC A Subsidy of Valk" Enylneering, PLC lxo SBR&E LAND PLANNING DEVELOPMENT 16 Emt N redly Sheet W"::HEMR. VA 22601-4740 TEL 540-667-3233 FA% 540-667-9188 \ TOLL FREE 1-800-755-7320 N 13'10'20" W 75.00' Exhibit "C" 20' WIDE INGRESS -EGRESS . EASEMENT FOR REVISED LOT 32. LOT 31 i REVISED LOT 32 REVISED LOT 34 I 50' BRL 35., I 11.4' 11.6' PROPOSED SINGLE FAMILY DWELLING WITH ATTACHED GARAGE (o N b 52 I eD �I I IW o C) F I o h n 60' BRL S 13'13'46" E FRONT ROYAL PIKE PROPOSED CONDITIONS FOR REVISED LOT 32 FUNKHOUSER LOTS OPEQUON DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: V= 20' DATE: JANUARY 7, 2004 PRESENT 0 ER: CLIFFORD E. & B. LORRAINE STATION TM #76A-1-32,33,34 DB 764, PG 900 'IH OF L MICHAEL M. ARTZ> No. 1951 ( ( !-7I �4 I; -- - SHEET 1 N 1 T1 n'?n" 1N 7r, nn' EXISTING R%W 410 SO. Ff. INGRESS -EGRESS & UTILITY EASEMENT FOR REVISED LOTS 32 & 34. LOT 35 -3:--I Ln i S 1,T12'27" E 9,10' z rn ocli o� 'v S 1,T13'46" E 65.99' FRONT ROYAL PIKE PROPOSED CONDITIONS FOR REVISED LOT 34 FUNKHOUSER LOTS OPEIUON DISTRICT, FREDERICK COUNTY, VIRGINIA SCAL :1" : 20' DATE: JANUARY 7, 2004 PRESENT 0 ER: CLIFFORD B. LORRAINE 5TATON TM #76A-1-32,33,34 DB 764, P& 900 PROJECT (20700 m 0 W co co 0 j H pp MICHAEL M. ARTZ No. 1951 Ot [[!!! B