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BZA 02-15-05 Meeting Agenda
FILE COPY AGENDA FREDERICK COUNTY BOARD OF ZONING APPEALS The Board Room Frederick County Administration Building 107 N. Kent Street Winchester, Virginia February 15, 2005 3:25 p.m. CALL TO ORDER 1) Determination of a Quorum 2) Minutes of January 18, 2005 PUBLIC HEARING 3) Variance Request #08-04 of David Hicks, presented by Artz & Associates, for a 40 foot side yard variance, on both sides. This property is located in the 2200 block of Front Royal Pike (Route 522), on the west side. The subject property is identified with Property Identification Number 76A-1-30 in the Shawnee Magisterial District. 4) Variance Request #09-04 of David Hicks, presented by Artz & Associates, for a 40 foot side yard variance, on both sides. This property is located in the 2200 block of Front Royal Pike (Route 522), on the west side. The subject property is identified with Property Identification Number 76A-1-31 in the Shawnee Magisterial District. 5) Appeal Application #01-05 of Colleen McDonough, to appeal the decision of the Zoning Administrator in the administration of the Zoning Ordinance pertaining to adjoining property setback requirements. The subject property is located at 162 Hopewell Road in Welltown Heights Subdivision, and is identified with Property Identification Number 32-5- 5 in the Stonewall District. 6) Variance Application #02-05 of High View One, L.L.C., to request variances of side yard setback requirements for each of the following parcels: Identification Numbers 60A- 213 -A-2 through 26, 28 through 30, 33 through 38; 60A -1C -B-1 through 8, 10 through 16, 20 through 24, 27 through 35, 37 through 48; 60A -1D -B-1, 6 through 9, 13, 18 through 29; 60A -1E -B-1 through 25. Further, High View One, L.L.C., requests a variance of the rear yard setback requirements for each of the following parcels: Identification Numbers 60A - 2B -A-2 through 26, 28 through 30, 33 through 38; 60A -1C -B -I through 8, 10 through 16, 20 through 24, 27 through 35, 37 through 48; 60A -1D -B-1, 6 through 9,13,18 through 29; 60A-lE-B-1 through 25. These properties are located 7.5 miles west of Winchester in Highview Manor Subdivision, on the northwest side of Wardensville Grade (Route 608) and south of Glen Ridge Road, in the Back Creek Magisterial District. 7) Other MEETING MINUTES OF THE FREDERICK COUNTY BOARD OF ZONING APPEALS Held in the Board Room of the Frederick County Administration Building, 107 N. Kent Street, Winchester, Virginia, on January 18, 2005. PRESENT: Theresa Catlett, Vice Chairman, Opequon District; Dwight Shenk, Gainesboro District; Lennie Mather, Red Bud District; Robert Perry, Stonewall District; and, Dudley Rinker, Back Creek District. ABSENT: Robert W. Wells, Member -At -Large; Kevin Scott, Shawnee District. STAFF PRESENT: Mark R. Cheran, Zoning and Subdivision Administrator; and, Bev Dellinger, BZA Secretary. CALL TO ORDER The meeting was called to order by Vice Chairman Catlett at 3:25 p.m. ELECTION OF OFFICERS Vice Chairman Catlett asked for a motion for the election of the Chairman, Vice Chairman and Secretary for the Board. Mr. Rinker made a motion to nominate Vice Chairman Catlett for Chairman, Mr. Perry seconded the motion and it passed unanimously. Mr. Rinker made a motion to nominate Mr. Perry as Vice Chairman, Ms. Mather seconded the motion and it passed unanimously. Mr. Rinker made a motion to nominate Bev Dellinger for Secretary, Mr. Perry seconded and the motion passed unanimously. TIME DATE AND PLACE DESIGNATION FOR THE BOARD OF ZONING APPEALS MEETINGS Mr. Cheran stated that the meetings will be held at 3:25 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia, on the third Tuesday of each month. Mr. Perry seconded the motion and it passed unanimously. NOVEMBER 16, 2004 MINUTES On a motion by Mr. Perry, the minutes for the November 16, 2004 meeting were unanimously approved as presented. Chairman Catlett asked the cut-off date for the next meeting and Mr. Cheran responded that January 21St is the cut-off date for the February 15th meeting. Mr. Cheran further stated that as of this date, there are no applications pending. Mr. Cheran further stated that after the Closed Session today, there probably will be one. PUBLIC HEARING Variance Request 408-04 of David Hicks, presented by Artz & Associates, for a 40 foot side yard variance, on both sides. This property is located in the 2200 block of Front Royal Pike (Route 522), on the west side. The subject property is identified with Property Identification Number 76A-1-30 in the Frederick Co. Board of Zoning Appeals Minutes of Januar;, 18, 2005 Minute Book Page 1-265 Opequon Magisterial District. ACTION - VARIANCE TABLED Chairman Catlett stated that for reasons of an employer business conflict, she will abstain from the two variance requests from David Hicks. Chairman Catlett turned the meeting over to Vice Chairman Perry. Vice Chairman Perry asked to hear from staff. Mr. Cheran gave the background information. This application is for a variance for property located in the 2200 block of Front Royal Pike in the Opequon Magisterial District. This property is currently zoned RA (Rural Areas) and the land use is vacant. The surrounding property is zoned RA and RP (Residential Performance) and the land uses are vacant, residential and school. The applicant is requesting a 40 foot side yard variance on both sides. This property was created in 1946 as noted by the deed and plats included in the agenda. Frederick County adopted a comprehensive zoning in 1967. The Frederick County historical map shows this property was zoned A-2 in 1967. The property setback lines at the adoption of the zoning ordinance were 35 feet from the front and sides. Frederick County amended its Code in 1989 to change the A-1 and A-2 zoning districts to the current RA (Rural Areas) zoning districts. The current setbacks for a property in the RA zoning district abutting lots with residential use are 60 feet front, 50 feet on the rear and sides. Mr. Cheran further stated that the Code of Virginia, Section 15.2-2309(2) states that no variance should be authorized by the Board unless it finds that (a) strict application of the Ordinance would produce an undue hardship; (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. The applicant is seeking a variance of 40 feet on the sides of this property. Should this variance be granted, the building setbacks for this property would be 60 feet from the front, 10 feet from the sides and 50 feet from the rear as noted in the plat submitted with the application. It appears that this variance meets the intent of the Code of Virginia, Section 15.2-2309(2) and the request for a 40 foot variance from the current setbacks of the RA zoning district maybe justified. Should this variance be granted, it will allow having the similar setbacks of the adjacent properties, with structures built prior to the current zoning ordinance. Vice Chairman Perry stated that at this time, it should be mentioned that the applicant will need a positive vote from everyone on the Board who is voting, and if the applicant would like to postpone the hearing until the next meeting, when all members may be present, that is certainly within his right. Mike Artz of Artz & Associates approached the podium. Mr. Artz asked if the vote is a tie, what does that mean. Chairman Catlett stated that he would need all four votes in his favor. Mr. Rinker stated that if the full Board of seven members were here, the applicant would need four positive votes out of the seven. But since there are only five members present, and one is abstaining, he would need four positive votes out of four. Mr. Rinker asked if both variance applications are side by side and the same scenario. Mr. Cheran replied that is correct. Mr. Artz asked the Board if there were any objections. Vice Chairman Perry stated that he would object to the 40 foot variance when he only needs 39 feet. Mr. Artz said he didn't Frederick Co. Board of Zonin Appeals Minutes of November 18, 204 Minute Book Page 1266 understand and Mr. Perry said that according to the 28 foot house and the 50 foot lot, 10 feet is needed on each side, and you only need 3 9 feet. Mr. Artz stated he understood. He said he showed the house only as an example. Mr. Artz felt the best thing to do would be to table the request. Mr. Rinker made a motion to table variance request 08-04, Ms. Mather seconded the motion and it passed unanimously. PUBLIC HEARING Variance Request #09-04 of David Hicks, presented by Artz & Associates, for a 40 foot side yard variance, on both sides. This property is located in the 2200 block of Front Royal Pike (Route 522), on the west side. The subject property is identified with Property Identification Number 76A-1-30 in the Opequon Magisterial District. ACTION - VARIANCE TABLED Mr. Rinker made a motion to table variance request 09-04, Ms. Mather seconded the motion and it passed unanimously. Vice Chairman Perry turned the meeting back to Chairman Catlett. In accordance with the Code of Virginia, 1950, as amended, Section 2.2-3711, Subsection A, (1) and (7), Mr. Rinker made a motion that the Board go into Closed Session, and the motion was seconded by Mr. Perry. The vote was unanimous. CLOSED SESSION Mr. Rinker made a motion that the Board come out of Closed Session, stating in accordance with the Code of Virginia, 1950, as amended, Section 2.2-3711, Subsection A, (1) and (7), there was nothing discussed in the Closed Session that the Board was not authorized to discuss. Ms. Mather seconded the motion. The roll call vote was as follows: Mr. Rinker, aye; Ms. Mather, aye; Mr. Shenk, aye; Mr. Perry, aye; and, Ms. Catlett, aye. NEW BUSINESS Mr. Cheran stated that staff had put together a Resolution of Appreciation for Mr. James Larrick, Jr., former Chairman of the BZA. Mr. Cheran read the Resolution into record (copy attached). Mr. Cheran asked the members to sign the Resolution and staff will present it to Mr. Larrick. Mr. Cheran introduced Mr. Dwight Shenk, who was appointed from the Gainesboro District, to replace Mr. Larrick. As there were no other items to be discussed, the meeting adjourned at 4:15 p.m. by unanimous vote. Frederick Co. Board of Zonin Appeals Minutes of November 18, 204 Minute Book Page 1267 Frederick Co. Board of Zoning Appeals Minutes of November 18, 20(T4 Respectfully submitted, Teresa B. Catlett, Chairman Bev Dellinger, Secretary Minute Book Page 1268 BOARD OF ZONING APPEALS 107 N. Kent Street Winchester, VA 22601 540/665-5651 FAX: 540/665-6395 Kesolution of Appreciation Honoring JAMES LARRICK, Jr. WHEREAS, James Larrick, Jr., served as a member of the Frederick County Board of Zoning Appeals from the date of his appointment by the Frederick County Circuit Court in December 1995, and as Chairman of said Board from the date of his election in August 2000, until his resignation effective December 2004; and, WHEREAS, during the period of his membership on the Board, James Larrick, Jr., served dutifully, demonstrating both great insight into the issues which faced the Board, and a keen sense of dedication to the betterment of his community; and, WHEREAS, the current members of the Board of Zoning Appeals wish to express their gratitude to James Larrick Jr., and recognize his many years of faithful service, NOW, THEREFORE, BE IT RESOLVED, That on this 18th day of January 2005, the Frederick County Board of Zoning Appeals does hereby officially express its sincere thanks to- James Larrick, Jr. for his commitment to sound planning, participation in activities of the Board of Zoning Appeals, and his overall dedication to the County of Frederick. , - r"t; � " C C � �L' I - wight Shenk Gainesboro District e H. Rinker Back Creek District b-vu�c � Rs�iu_ Theresoy B. Catlett Opequon District Kevin C. Scott Shawnee District i i Ro ert B. Perry- Sto&wall District Robert W. Wells At Large Mark R. Cheran Zoning Administrator Lennie Mather Red Bud District r ' ABevDelffinger BZA Secretary VARIANCE APPLICATION #08-04 DAVID HICKS Staff Report for the Board of Zoning Appeals Prepared: February 7, 2005 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Board of Zoning Appeals to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. BOARD OF ZONING APPEALS HEARING DATE: January 18, 2005 - Tabled February 15, 2005 - Action Pending LOCATION: 2200 block of Front Royal Pike (Route 522) west side. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER(S): 76A-1-30 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) District Land Use: Vacant ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Use: Vacant South: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: School West: RP (Residential Performance) Use: Residential VARIANCE REQUESTED: The applicant is requesting a 40 foot side yard variance, on both sides. REASON FOR VARIANCE: The lot predates the current zoning ordinance with regards to RA setbacks and prevents any new structure to be built. Variance Request #08-04, David Hicks February 7, 2005 Page 2 STAFF COMMENTS: This property was created in 1946 as noted by the deed and plats included in your agenda. Frederick County adopted performance zoning inl967. The Frederick County historical zoning map shows this property was zoned A-2 (Agricultural General) in 1967. The property setback lines at the adoption of the zoning ordinance were 35'front and 15'sides. Frederick County amended its Code in 1989 to change the rural zoning districts to the current RA (Rural Areas) zoning district. The current setbacks for property in the RA zoning district abutting lots with residential use are: 60'front, 50'rear and sides. STAFF CONCLUSIONS FOR THE FEBRUARY 15, 2005 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; 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. The applicant is seeking a variance of forty (40) feet on the sides of this property. Should this variance be granted the building setbacks for this property would be: 60' front 10'sides and 50'rear. (See plat) It appears that this variance meets the intent of the Code of Virginia, Section 15.2-2309 (2), and this request for a forty (40) foot variance from the current setbacks of the RA zoning district may be justified. Should this variance be granted it will allow this parcel to have the similar setbacks of the adjacent properties, with structures built prior to the currant zoning ordinance. 76 A 90A COUNTY SCHOOL BOARD FREDERICK 76B 13 238 SOMMER, PHILIP W 0 NNbn07 � b S31abHO `NO31O0 � ZEE £ 6 89L p g��NN3� cz El 89 -3dd bN 0N/0 0 3 Sb Sa3NMO3GVOH S31b1S Vtgt £ 6 89L 3 �31NbO N U n Q _ Z o �or�C4,)co o �; co Y5 U � co r r � 76B 13 238 SOMMER, PHILIP W 0 NNbn07 � b S31abHO `NO31O0 � ZEE £ 6 89L p g��NN3� cz El 89 -3dd bN 0N/0 0 3 Sb Sa3NMO3GVOH S31b1S Vtgt £ 6 89L 3 �31NbO N U n Q Y. ,d ,�ty .. +4"x.4 _ s. � • - ov�y. _ t �qi n Y. ,d ,�ty .. +4"x.4 _ s. � • APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA EC E UCC 2 1 FRE NNI OUT IN INK - 1. The applicant is the owner other 2. APPLICANT: NAME: IZ-I"2 A57&e c.s . (Check one) OCCUPANT: (if different) NAME: ADDRESS I fO CST T91 c.c.s C "-y ST ADDRESS: (,kj VIC,?, e_s r. -a., J A- 22�a t TELEPHONE: iv(%','n-:-',� TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): 4. The property has a road frontage of 5'0 feet and a depth of -7 feet and consists of 1,1� 13 acres (please be exact). 5Q. r7' Page 5 of 9 5. The property is owned by01 as evidenced F. - by deed from MH j -CA f l-ut lk - 5N0l'fr-' recor ed (previous owner) in deed book no. 04 of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: o 6-000,-J 7. Property Identification No.: -76 A , f — C7 8. The existing zoning of the property is: KF' 9. The existing use of the property is 10. Adjoining Property: ACA-Nil— ZONING fZA 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.") fib' �,oe, YAa_ Vtj&►A/4cc — f3D f�4 S 1 -%�;765 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 bp l s p ,,4o,j, o 4— i� 5FYI f1'G S ritb"C-tJ-r ANY 1 RAJAccE���� S�/►�t,Lfr�i� ��2��'� . Page 6 of 9 USE North J A-GAij T_ East 5C HOo South 6 c r,9oN T I &L -- West ! e- c, < 01-tV T, :,Oc'L ACA-Nil— ZONING fZA 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.") fib' �,oe, YAa_ Vtj&►A/4cc — f3D f�4 S 1 -%�;765 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 bp l s p ,,4o,j, o 4— i� 5FYI f1'G S ritb"C-tJ-r ANY 1 RAJAccE���� S�/►�t,Lfr�i� ��2��'� . Page 6 of 9 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 notified by mail of this application: NAME 1Z� t G E A, 1' 'FC -Z.Y V , -r 4 J Address 154p r*tZ r4x pj ici=. Lu H rrC- FO S7_ VA Property ID # P m' 76A — i — 'L Cf VA010 Address �� �� ,� . '►G. 2 Property ID # 76 A Address 74-5 TFEYS V'7yei vE� M tr—. W- 2 2�60) Property ID # -7(, r:�5 ��Er✓E►�►c:�- G�u�-r�l Address $I o�n ai-i���sTlL. �/tl �LZ6Ud Property ID # -76 _ C o'A Address Property ID # Address - Property ID # Address Property ID # Address Property ID # Page 7 of 9 AGREEMENT VARIANCE # (Number to be assigned by the Planning rept.) I (we), the undersigned, do hereby respectfully rnake 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 infonnation contained herein are, to the best of my knowledge, true. SIGNATURE OF APPLICANT - DATE 1-2-1 �0� SIGNATURE OF ,OWNER DATE /-;2 • J i (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF d J� ACTION: ATE - APPROVAL SIGNED: BZA CHAIRMAN DENIAL DATE: Page 9 of 9 Special Limited Power of A County of Frederick, `Tir FREDERICK COUNTY NNING & DEVELOPMENT Planning Office, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) l./si I j7A. jt t GAS (Phone) (Address) Z� �j P:%—j �y ��,2� d L p� ( "� LJ uG►-fes e,(L the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 0 4 O VL) S 125 on Page and is described as Parcel: Lot: �� Block: Section: Subdivision:�rtlLE-'ZSt���- do hereby make, constitute and appoint: (Name) ,AA tc t -t itCL— A^ - A2c (Phone) (Address) 'k G G �`�"� (i GGq't i CA_,f 5( �1A I m He-4-,re�2 To act as my true and lawful attorney-in-fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: ❑ Rezoning (Including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows:= This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. r In witness thereof, I (we) have hereto set my (our) hand and seal this.0 � day of �Vee,,nb 200_, Si'gnature(s) State of Virginia, 94y/County of _+L4,,g To -wit: 3c i� , a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) 'who signed to the foregoing instrument and who is (are) known to me, personally appeared before mi and s :acknowledged , -dame before me in the jurisdiction aforesaid this.?['-` day of 1 � , 200 1 . [IL/ My Commission Expires: Pfj • aOb % (:No�ta_ry Public 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 Walter 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 Public i VIRGINIA FREDERICK COUNTY, (SCT. This instrument of writing was produced to me on the 14th I day of May 1946 at 1:00 P.M. and with certificate of acknowledgment thereto annexed was; admitted to record. w , CLERKi iY..-:Fs �'F •�i-ir +.##°.r-u`-".e:'e#•Y ;-:-?'c.. �ciHF :i-:E'.Y.E #805 J. H. FUNKHOUSER- ET UX TO .. .. .. PLAT - iH,�::xi'rxiEiE?E�:iF:F��IE#ii3E•k ;F'•F3E?E°Ye-i•Yc �•�E,Y•::-'� - . I ' The attached plat represents a lot development known as the Funkhouser Lots, situated along :the Western side of Virginia -U. S;. Highway No. 522,1 � lYyb otherwise known as the Front Royal Highway, about'S2 miles Southeast of Winchester,, in Ope_quon District, Frederick. County, Virginia, and being a portion of that certain large )I tract or parcel of land which was conveyed to J. H. Funkhouser by W. E. Edwards, Executi 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 Ila. 193, page 272. Said plat correctly shows the dimensions and locations of the respective lots in said developCent, and is made with the full and free consent 1 of the said J. H. Funkhouser and Katie/Funkhouser, his wife. i Witness the following signatures and seals this 10th day of May, 1946. i J. H. FUNKHOUSER (Seal] KATIE -C. FUNKHOUSER (Seal! State of Virginia F County of Frederick, to -wit: I, Virginia Ritter, a notary public in and for the County i r iL_ e r Virginia, a 1,e t' that Funikho „d of F��ede�-l�k, in ���C Mate o,. uc hereby certify J. H. Funkhouser .u. , date of May 10th, 1946, have personally appeared before me in my county aforesaid, and I acknowledged the same. Given under my hand this 10th day of May, 1946. T.Ty commission expires larch 24, 1948. VIRGINIA RITTER Notary -- is '9 � I { a� P JJ I PLAT UNKV0115 +OTS GW ///G/i'WA I/✓ Fi�oNT/f'OyAL To *1NCHESTE�✓A• Q��1/DyDCSTiP/CT�/ff1lE�P/lCn., i/A • . . VIRGINIA FREDERICK COUNTY, (SCT. This instrument of vriting 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. [ ,CLERK LOT 238, CANTER ESTATES SECTION 3 PHASE 1 LOT 29 50' BRL 10.70' L —1 11.30' PROPOSED SINGLE FAMILY DWELLING A A O I O co 28' L 60' BRL LOT 30 8.913 SF LOT 31 FRONT ROYAL PIKE ,tiP` T"°FPROPOSE^D CONDITIONS FOR LOT 30 z FUNKHOUSER LOTS OPEQUON DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: P' = 20' DATE: DECEMBER 20, 2004 PRESENT OWNER: Artz and Appociated P A Pubppidlary of Valley Engineering, DAVID A. HICKS LAND SURVEYING LAND PLANNING DEVELC TM #76A-1-30 INST. #040008125 16 East Piccadilly Street WINCHESTE{i, VA 22601-4740 PROJECT #20700 - la 540-667-3233 FAX 540-667-9188 Tou FREE t-sooassa3zo 7563-6108 EBY/bhb o x �4 C> �p 0 • o P -P C> M p to o 12 N O r -I r, Ln 4 m � 0o %D M -r-{ yr I— N 3 z z A o A H � H A H !!� CD 040008.25 0 THIS DEED, made and dated this 4t° day of May, 2004 by and between JUANITA FLETCHER SHULER-TAYLOR (formerly known as Juanita Fletcher Shuler), hereinafter called the Grantor, and DAVID A. HICKS, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantor does grant and convey, with General Warranty and with English Covenants of Title, unto the Grantee, in fee simple, together with all rights, rights of way, privileges improvements thereon and appurtenances thereto belonging, all of the following realty: All of that certain tract or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate along the western side of U. S. Highway No. 522, about five and one-half miles southeast of Winchester, in Shawnee Magisterial District (formerly Opequon Magisterial District), Frederick County, Virginia, each of said lots having a frontage of 50 feet on said highway and extending westward with a uniform width a distance of 218 feet measured from the center of said highway. Said lots are designated lots No. 30 and 31 on the Plat of Funkhouser Lots, recorded in the office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 196 at Page 251;. AND BEING the same property conveyed to Juanita Fletcher Shuler (being one and the same as Juanita Fletcher Shuler -Taylor) by deed from Helen Fletcher, widow dated June 23, 1993 of record in the Office of the Clerk�of the Circuit Court of Frederick County, Virginia in Deed Book 799 at Page 386: __Reference is hereby made to the aforesaid plat, deed of dedication, deed and the references contained therein for a further and more particular description of the property conveyed herein. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty. The Grantor does hereby covenant that they have the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and C:) encumbrances; and he will grant such further assurances of title as may be requisite. W INESS the following signature and seal: EAI) It ANUA FLETCHER SHULER-T LOR STATE OF VIRGINIA COUNTY OF FREDERICK, To -wit: I, Bonita H. Brill, a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Juanita Fletcher Shuler -Taylor, whose name is signed to the foregoing Deed, dated this 4' day of May, 2004, have personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 4' day of May, 2004. f My commission expires November 30, 2005. too piulk Notary Public VJ! kwrim "Prepared br. 71 �L ' .'� , Edwin H. Yost VZ Kuykendall, Johnston. McXee &Butler• P LC. 112 South Cameron street W aches er, Virginia 21601 (54D)662 3486 VIRGINIA: FREDERICK COUNTY, SCI. This instrument of writing was pmduoed to me on and with certificate of acknowledgement thereto ann6 d_ was admitted to record. T imposed by See. _58.1-802 of $___,� �O , and 58.1 -Ml have been paid, if assesuW& IIC1\NPD0C6\Deed■\hicke1198.vpd 2 VARIANCE APPLICATION #09-04 DAVID HICKS Staff Report for the Board of Zoning Appeals Prepared: February 7, 2005 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Board of Zoning Appeals to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. BOARD OF ZONING APPEALS HEARING DATE: January 18, 2005 - Tabled February 15, 2005 - Action Pending LOCATION: 2200 block of Front Royal Pike (Route 522) west side. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBERN: 76A-1-31 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) District Land Use: Vacant ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Use: Vacant South: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: School West: RP (Residential Performance) Use: Residential VARIANCE REQUESTED: The applicant is requesting a 40 foot side yard variance, on both sides. REASON FOR VARIANCE: The lot predates the current zoning ordinance with regards to RA setbacks and prevents any new structure to be built. Variance Request 409-04, David Hicks February 7, 2005 Page 2 STAFF COMMENTS: This property was created in 1946 as noted by the deed and plats included in your agenda. Frederick County adopted performance zoning inl967. The Frederick County historical zoning map shows this property was zoned A-2 (Agricultural General) inl967. The property setback lines at the adoption of the zoning ordinance were 35' front and 15'sides. Frederick County amended its Code in 1989 to changes the rural zoning districts to the current RA (Rural Areas) zoning district. The current setbacks for property in the RA zoning district abutting lots with residential use are: 60'front, 50'rear and sides. STAFF CONCLUSIONS FOR THE FEBRUARY 15, 2005 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; 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. The applicant is seeking a variance of forty (40) feet on the sides of this property. Should this variance be granted the building setbacks for this property would be: 60' front 10'sides and 50'rear. (See plat) It appears that this variance meets the intent of the Code of Virginia, Section 15.2-2309 (2), and this request for a forty (40) foot variance from the current setbacks of the RA zoning district may be j ustified. Should this variance be granted it will allow this parcel to have the similar setbacks of the adjacent properties, with structures built prior to the currant zoning ordinance. m Q 76 A 90A zSCHOOL BOARD Q < FREDERICK COUNT' Y Q M J �' J I 76B 13 238 SOMMER, PHILIP W N ►� N U r Z b wl Lo � co C9 Lo m U a- Or - 0 NNbnpj � yS31,bH0 ` L£Z 0 6 29Z NOS10a E � p y�� g£Z�NNQ£ 8911 ON/ ON/ JOSSbS�13NM0 WO bl5l £ d 89L31b133 a31NVO -d-, 0 r 7 U` MSM d-� kLo co ,I r d zi do LOU L 76B 13 238 SOMMER, PHILIP W N ►� N U r Z b wl Lo � co C9 Lo m U a- Or - 0 NNbnpj � yS31,bH0 ` L£Z 0 6 29Z NOS10a E � p y�� g£Z�NNQ£ 8911 ON/ ON/ JOSSbS�13NM0 WO bl5l £ d 89L31b133 a31NVO 'y FE y APPLICATION FOR VARIANCE f� IN THE COUNTY OF FREDERICK, VIRGINIA FREDER CK COUNTY PLANNING & DEVELOPMENT MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner other ✓ .(Check one) 2. APPLICANT: M,01,10,ej ITUfL, OCCUPANT: (if different) NAME: A z, } X� y l�Ss o C S C L NAME: ADDRESS �) `4tC Ilc? �er� V14 Z� TELEPHONE: &/,, _1-343,_3 TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): , tt a 1') � k�o�, k� 4. The property has a road frontage of 5-0 feet and a depth of 1 '7,3.. 1 i feet and consists of Y, et W5�jj, acres (please be exact). Page 5 of 9 R 5. The property is owned by �F� J t Cd as evidenced by deed from j L,.an 1' -c, t=lej yr s6, ,kL cis t!! Tecorded (previous owner) in Jn6+c-L-m evi T no. 6, 000810r of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: 7. Property Identification No.: 7Ze lP - I - I 8. The existing zoning of the property is: A 9. The existing use of the property is: O - eun-I- 10. Adjoining Property: USE North �4ct_Co'ni- East ���� South C 0--YA West - i6ev-&iJ. 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.") 12. List specific reason(s) why the variance is being sought in terms of- exceptional £ 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 oafs �� � - c-�c� -� � w,L ►2 >��� �-- ��-, t � � c; rQ �� s�� + �� +t -tet L'cd 51 � ( (C ' Gt r I C u')' e_ Page 6 of 9 MVV 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 notified by mail of this application: NAME ' Address -�. 3 /�Gi '�-h EFed e +C° ILP, ui 6t Property ID # i� - P l� - � z ,� C"a'x (` 7 �� Address I � i( --c � J . d Gut � �J`:I Property ID # -71e Address f l j 4ti1 l yrs% 5tr e2 t ; auCAe -Ecr 00 Property ID # 7 Le /? ZZmc'i Address Property ID # Address Property ID # Address -7'-4 i -Frre .-,) � � J1G6z�s�e�- Property ID # Address '7u - - j Property ID # Address Property ID # Page 7 of 9 AGREEMENT VARIANCE # �� (Number to be assigned by the Planning Dep!) 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 i '1-- �2- I/ SIGNATURE OKOWNER !Z)c!�:� ig, IbL.L DATE Jt -a4 (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF_ / ff10 ACTION: - DATE - APPROVAL SIGNED: BZA CHAIRMAN DENIAL DATE: Page 9 of 9 Lir 1 Special Limited Power of Atto ixe � 2 County of Frederick, Virgi ia FREDERICK COUNTY PLANNING & DEVELOPMI Planning Office, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) fA v ( cam A . 0 ► c.IGS (Phone) 6 y,2 –751 (Address) 2�107'`l ,� E"rFg ✓Lt CSL f;Ot ILS , W t GH �'Tc ll the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. on Page Parcel: Lot: '51 Block: Section: do hereby make, constitute and appoint: and is described as Subdivision: uN1r:(-tc5c JE 1_.Z (Name) AA i 64,k k E — -A - A (L ( �'Z— (Phone) (Address) ) 1 6 i, It F l c- 6,602( c.14 To act as my true and lawful attomey-in-fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: ❑ Rezoning (Including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: - This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. F In witness thereof, I (we) have hereto set my (our) hand and seal this �1 " day of I ece';ri{ gr, 200 `7 , Signature(s) 0 T State of Virginia,- C-�itpfeounty of 4,N_g_ Z/1 a � , To -wit: a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) "wha -signed to the foregoing instrument and who is (are) known to me, personally app ared before me an al ac ldZowledged/fhe same before me in the jurisdiction aforesaid this�i3r day of c'i., , 200JL. My Commission Expires: _9 A,9 - .2V - 7 NotaryPublic ALLIE BRILL WALTER BRILL State of Virginia County of Shenandoah,. to -wit: I, F. L. McWilliams, a notary public in and for the Coun Of Shenandoah, in the Stata of virgia tL2 do hereby certify that Allie Brill and Walter 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 ackno, ledged the same. Given under my hand this 8 day of May, 1946. My Commission Expires September 11th, 1948. F. L. McWILLIAM5 Notary Public I 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 acknowledgment thereto annexed was admitted to record. n o� CLERK ?Eu�jF.-'kiF=i�?5:�.-#-;�=.`... irn-"x-:�.?:-iti.`#iY•F#7F - #805 J. H. FUNKHOUSER- ET UX TO .. PLAT. The attached plat- representsa:lot development known as the Funkhouser Lots, situated along :the Western side of -Virginia $ghway No. 522, otherwise known as the Front Royal'Highway, about% 5jmceser,.inh� Ope-quoit District, Frederick, County;=Virginia, and being portion of that certain large tract or parcel of land which was conveyed to J. H. Funkhouser by W. E. Edwards, Execu r 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. State of Virginia County of Frederick, to -wit: J. H. FUNKHOUSER (Se KATIE -C. FUNKHOUSER (Se I, Virginia Ritter, a notary public in and for the Cc date of May 10th, 1946, have personally appeared before me in my county aforesaid, and acknowledged the same. r` Given under my hand this 10th day of Ifay, 1946. I iay commission expires berth 24, 1948. f i VIRGINIA RITTER '+ I Votary lie VIRGINIA FREDERICK COUNTY, (SCT. PLAT UN/rfloj/SE(t' 4,975 4N 111allWA Y fi�ONr/Poyq,G �o %!%NC/CESTE�iyA. T_ .T� S�i>viP S_j- rLL This instrument of writing was produced to me on the 14th day of May 1946 at 3:00 P.1% and with certificate of acknowledgment thereto annexed was admitted to record. rCI,ERK LOT 238, CANTER E5TATE5 5ECTION 3 PHA5E 1 20" W LOT 30 N c6 �I0 50' BRL F 10.52' 1 11.49' o PROPOSED m I SINGLE FAMILY I q DWELLING � 28' LOT 31 L 60' BRL LOT 1 X19 46" E FRONT ROYA PROPOSED CONDITIONS FOR LOT 31 FUNKHOUSER LOTS OPEQUON DISTRICT, FREDERICK COUNTY, SCAL :1" = 20' DATE: DECEMBER 20, 2004 PRESENT OWNER: DAVID A. HICKS TM #76A-1-31 INST. #040008125 PROJECT #20700 LOT 32 ni 7563-6108 EBY/bhb M CD N N o La 4 � C> 4 O . o sa 4J C) M O m C> I z 0 C1r_1 Ln 4 � r. 00 10 M •rl V.)- r, N 3 in •�oa� z z A o r) H A H U] W a W n z oa U H 0 040008125 co CD THIS DEED, made and dated this 4`° day of 1`.�day, 2004 by and between JJ UANITA FLETCHER SHULER-TAYLOR (formerly l"nnWP- As JURnita Fletcher S::uler), hereinafter called the Grantor, and DAVID A. HICKS, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantor does grant and convey, with General Warranty and with English Covenants of Title, unto the Grantee, in fee simple, together with all rights, rights of way, privileges improvements thereon and appurtenances thereto belonging, all of the following realty: All of that certain tract or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate along the western side of U. S. Highway No. 522, about five and one-half miles southeast of Winchester, in Shawnee Magisterial District (formerly Opequon Magisterial District), Frederick County, Virginia, each of said lots having a frontage of SQ feet on said highway and extending westward with a uniform width a distance of 218 feet measured from the center of said highway. Said lots are designated lots No. 30 and 31 on the Plat of Funkhouser Lots, recorded in the office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 196 at Page 251;. AND BEING the same property conveyed to Juanita Fletcher Shuler (being one and the same as Juanita Fletcher Shuler -Taylor) by deed from Helen Fletcher, widow dated June 23, 1993 of record in the Office of the Clerk -of the Circuit Court of Frederick County, Virginia in Deed Book 799 at Page 386. _Reference is hereby made to the aforesaid plat, deed of dedication, deed and the references contained therein for a further and more particular description of the property conveyed herein. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty. The Grantor does hereby covenant that they have the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and he will grant such further assurances of title as may be requisite. WITNESS the following signature and seal: EAL) ol ANITA eT4CiHER SHULER-T LOR 1 STATE OF VIRGINIA COUNTY OF FREDERICK, To -wit: I, Bonita H. Brill, a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Juanita Fletcher Shuler -Taylor, whose name is signed to the foregoing Deed, dated this 4' day of May, 2004, have personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 4' day of May, 2004. My commission expires November 30, 2005. Notary Public �NTj 6a.tmt4s.a prepared by. �V y Edwin D. Ywt Kuykenda8, loh W.. MIX. & Butler. P LC. • 112 South tlmeroo sueel Wfochmer. Vires 22601 15401662 7186 C/\MPD0C6\Deed•\hr_ckr2198.vpd V1RUINIA.: FREDERICK COUNTY, SCT. This irtstrument of writing was produced to me on -s_a y — - at and with certificate of acknowledgement thereto annexed' was admitted to record. T imposed by Sec. 58.1-802 of $ , and 59.1-W1 have been paid, if assesubtoc Clerk T GK. Cp APPEAL APPLICATION #01-05 COLLEEN MCDONOUGH } Staff Report for the Board of Zoning Appeals w Prepared: February 7, 2005 ya Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Board of Zoning Appeals to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. BOARD OF ZONING APPEALS HEARING DATE: February 15, 2005 - Pending LOCATION: The property is located at 162 Hopewell Road in Welltown Heights Subdivision MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERN: 32-5-5 PROPERTY ZONING & USE: Zone: Land Use: ADJOINING PROPERTY ZONING & USE: Zone: Land Use: Zone: Land Use: Zone: Land Use: Zone: Land Use: RA (Rural Areas) District Residential North: RA (Rural Areas) Orchard West: RA (Rural Areas) Residential South: RA (Rural Areas) Residential East: RA (Rural Areas) Residential APPEAL: To appeal the decision of the Zoning Administrator in the administration of the Zoning Ordinance pertaining to adjoining setback requirements. REASON FOR APPEAL: Applicant is appealing the decision of the Zoning Administrator pertaining to adjoining property setback requirements. Appeal Application 401-05, February 7, 2005 Page 2 STAFF COMMENTS: The applicant is appealing the decision of the Zoning Administrator in the administration of the Frederick Zoning Ordinance pertaining to adjoining property setback requirements. This property was created in 1966 as noted by the deed and plats included in your agenda. The deed with the recorded plats set the building setback lines for 32-5-5 as 10' from the sides and 50'front. As identified in the recorded deed and plat for Welltown Heights Subdivision in your agenda. STAFF CONCLUSIONS FOR THE FEBRUARY 15, 2005 MEETING: Staff is requesting to affirm the decision of the Zoning Administrator in the administration of the Frederick County Zoning Ordinance, Section 165-4, Administration and Interpretation of the zoning ordinance by the Zoning Administrator regarding of the recorded deed a plat for setbacks, and issuance of a building permit for lot 32-5-5 of Welltown Heights Subdivision. 0 0 = 8 0 m U m Lo a� " 0 U ' N lA M s O � r � O 4t as N Q Q. a — � 1 r ti 44v _ WMI'i n, r w -rrt e ` s •s" u a s . i r e F r , Ya goo % 51nva 3.0.% � I VI^ ) J 3 ° I of uj I I ID0 O I 0W Z - O of O �- tJ I Q N _ I I Ig6•g1£ O O z z O I co O I o 10 O V) F- F 10 Oh I Q p N0C) V W V J m W K o U Q �96•g1£ t7 T F p i a ¢ I � F" o � Q I 0 - 0 a J C; F =06W SALdW a 1 ,g6 g1£ Q Qz0 m p�Q m W J 1 I 0 =ZpFuj of ev�(l ZdY K OW O W ` _ 3 O i a ci W cr W o � � Q o =Ih J �f - W ir W Jaz -J: W LO , O O 11 z W J CY) I Q0 ci v_O L� to N 0 I o 0 )n d (Z I O of g6 91£ N N z 3 J 3 ° I of I I ID0 1 0W Ku O z O of — tJ J� o Q N � =Z Q z z o 10 W Z N W 0 V) F- F 10 Oh I Q p N0C) V W V J m W K U Q - t7 T F p i a ¢ � F" . Q IAJ /� = F- - 0 a J F =06W SALdW a `t 96'91£' gSl Q Qz0 m p�Q m W J U I =ZpFuj of ev�(l ZdY K OW O W Z 3 a 2 Uj Ir U J W cr W o � � Q OW - W ir W Jaz -J: W o F Q 11 z W J y � L _ M Q0 L� - - --ulOI Z00 ° I of CC ID0 Y 2� 0W Ku O Z O of — tJ J� o o N � =Z Q z o o 0 a J O 1 M E►S `t 96'91£' gSl m I o N I d• � � � O I I In N o r t0 N L _ M o 3 d (Z I In °' N Wcc Nl a u uQ `n I C\j 00 d 89 p51 Mp 1'1'13 ►� 3Yila N �� Z00 VJ W Oy 8:2 Y 2� Ku O 7 r 0' tJ J� o r= • N =Z o xio z #1040 D. K. RUSSET J, - DE® OF DEDICATION NAA NINON �JO XM NIOM II AIIY.NIIN AI lAW !p rrNoeun., nAeNu 1 II en,,i; 322- rut `L' THIS DEED OF DEDICATION, made this day of May, 1966, between D. K. Russell, unmarried, of the one part, hereinafter called the Grantor, and the County of Frederick, Virginia, of the other part, hereinafter called the Grantee. W I T N E S S E T H: 1. That the boundaries of the subdivision entitled WELLTOWN HEIGHTS, Lots 1 through 9, inclusive, and the adjacent roads are as appears from plat of Lee A. Ebert, Certified land Surveyor, dated May, 1966, attached hereto and made a part hereof by this reference. 2. That the land herein subdivided is a part of the same land conveyed to the Grantor by deed from Lawrence F. Dorsey dated March 9, 1944, and duly recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 189, at Page 46. 3. That the platting or dedication •of::.Lots,1 through:9, inclusive, of WELLTOWN HEIGHTS, heretofore more particularly, described is Paragraph 1: and in the attached plat -is with the free consent and in accordance with the desire of the undersigned owner of said property, the Grantor herein. 4. That the Grantor does hereby grant and dedicate to the Grantee all of the land shown on the attached plat abutting the lots of said subdivision and lying within thirty (30) feet of the centerline of Virginia Secondary Routes No. 661 and 672. This conveyance and dedication is for the purpose of a public road or street for the benefit of the County and the public to be used for all purposes for which a public road or street might be lawfully used. y. That the lots in this subdivision are subject to the following restrictions which constitute covenants running with the land and shall be binding on the Grantor and all aubscquent owners of saifl lots: (a) No building shall be located or erected nearer'to the front property line of any of said lots than the building act -back line as shown on the attached plat. No building shall berected on any lot within a soorc 322 mm 4G 1 (10) feet of the side property lines. (with or with- out detached garage) Nothing but a single private dwelling or residence/de signed the occupancy of one (1) family shall be erected on any.lot in this >division nor shall any lot be uscad for any purpose other than residential. (c) No dwelling shall be erected or maintained on any of said lots cost, when completed, less than Twelve Thousand Five Hundred Dollars L2,500-00) or have a grol.,md floor space of less than one thousand two idred (1,200) square feet in the case of a single floor dwelling or one )usand (1,000) square feet in the case of a multiple floor dwelling. The .egoing provision as to cost shall be effective until August 30,".,1967, I thereafter shall be adjusted each five (5) year period to reflect .rear,e or decrease of the BLS IN= of cost of construction as this ratio Lates to that currently in effect as of the date of this instrument. (d) No trailers or temporary buildings shall be erected or maintained on any lot in this subdivision., (e) No horse, cow, swine, goat, fowl or other liveitock shall be kept or maintained, on any of the lots in this sub vis: on. di I (f) Each dwelling house erected upon lots in this subdivision shall include running vater, bathroom, septic tank and dreInfield which all must be approved by the Winchester -Frederick County Department of Health 1 and their location set forth and approved prior to the commencement of construction. The Grantor does sign this deed of dedication for the purpose of shoving that he has consented to and agreed to this dedication and to all theprovisiors herein made. WITNESS the following signature and seal: D. K. Russell AT LAW 2 i BOOK J2PAGE 4:j The above Plat - WELLTOWN HEIGHTS - D. K• Russell Lots is a Survey of a Portion of the Land conveyed to D. K. Russell by Deed dated.9 March 1944 in Deed Book 189 Page 46. The said Land fronts the Eastern Boundary Lines of the Welltown pike .. Rt. 661 and the Southern Boundary Line of Va. Rt. N o. 672 (The said Boundary Lines} being parallel to and 30.0 Ft. from the Center Lines of the said Roadways), and lies in Stonewall District, Frederick County, Virginias Beginning at an iron pin at the intersection of the Eastern Boundary Line of Rt. 661 with the Southern Boundary Lino of Rtis 672, running with the throe following Eastern Boundary Lines of Rt. 661 - S loo W - 40.00 ft. to the P. C.; thence with the Are Line 150.68 ft. (Chord Line S 110 45, W - 150.66 ft.) to the p. T, thence S 1�0 301 W - 127.24 ft, to an iron pin corner to the Retained Portion; thence with the northern line of the said Other Land S 660 E - 1227.00 ft. to an iron pin corner to the Davis Lot (2.006'Acres); thence with the western line of the said Lot X 130 E .- 316.96_ft. to an iron pin in the Southern Boundary Line of Rt. 672; thence . with the said: Lino N..66*. W�' 1231.35 ftsto" the beginning.., Containing - 8.7648 Acres. Surveyed - ...._ ;..Say 1966., LEE A• EB ERT Certified; Land Surveyor, I Comm. of Virginia 484, 1 i t 1IkGIN1A FREDERICK COUNTY, SCL I���n This Instruawd of writing was produced to me on the --4—a-'k day of 7� of t 0 , and with certificate of ocknow.edgmentereb amezed was miffed o record. f O i BOOK 3 -2 na 43 The above r. a — W= uLrvrtii� nn•1vn7-S — L.. • hms sell Lots is a Survey of a Portion of the Land conveyed to D. S. Russell by Deed dated9 March 1944 in Deed Book 189 page 46* The said Land fronts the Eastern Boundary Lines of the Welltown pike Rt. 661 and the Southern Boundary Line of Va. Rt. N o. 672 (The ' said Boundary Lines being parallel to and 30.0 Ft. from the Center Lines of the said Roadways)# and lies in stonewall District, . Frederick County# Virginia: Beginning at an iron pin at the intersection of the Eastern B°undar Lina f t 661 y o R . with the Southern Boundary Line of Rt. 1 672, running with the throe following Eastern Boundary -Lines of Rt. 661 — S 100 W - 10.00 ft. to the r. Co; thence with the Aro Line 150.68 ft. (Chord Line S 110 451 W - 150.66 ft,) to the P, To thence S 1� 30t W 127.24 ft. to an iron pin corner to the Retained Portion; thence with the northern line of the said Other'. Land S W E — 1227.00 ft. to an iron pin corner to the Davis Lot (2.006"Acres); thence with the western line of the said Lot E�. IT 130 E — 316.96,ft, to an iron pin in the Southern Boundary Line Of Rt. 672; thence -with the said Lino'N 660 W —1231.35 f t. to` the beginning• Containing, Acres, Surveyed - - .May 1966.: LEE A. EB ERT: Certified Land Surveyor# { Comm., of. Virginia 4849 ; i 0 VIRGINIA FREDERICK COUNTY, SCL Thls Wrumord of writing was produced to me on the day of L1 of 0 — r and with certificate of ocknow.adgment ereto annexed woe mitled o rawrd f C VIRGINIA FREDERICK COUNTY, (SCT. This instrument of writing was produced to me on the 9th day of Mar. I944 at 4:30 P. M. and with certificate of acknowledgment thereto annexe was admitted to record. #I87 LAWRENCE F. DORSEY, ET UX TO DEED D. K. RUSSELL ,Clerk T -H -I -S D -E -E -D made and dated this 9th day of rch, I944, between Lawrence F. Vorsey and Zetta M. Dorsey, his wife, parties of the first part, and D. K. Russell, party of the second :part. W -I -T -N -E -S -S -E -T -H: That the parties of the first part in consideration the cash sum of Ten ($I0.00) Dollars, and other valuable consideration to them paid by the party of the second part before the delivery of this Deed, the receipt of which is hereby acknowledged, do grant and convey with general warranty of title, unto the said D. K. Russell, his heirs and assigns forever, all of that certain tract of land im- proved by dwellings, barn and out -buildings, located in the County of Frederick, Virg along both sides of the Well Town Road, about Five (5) miles North of the City of Winchester, and known as the "Cochran Farm", or the WellTown Farm", and containing Two Hundred and three-fourths (200 3/4) Acres, together with all appurtenances and privile thereto belonging, This is the same property conveyed to the parties of the first part by Deed of Daisy D. Cochran (Widow), March I2, I943, which Deed will be found of record in the Clerk's office of the Circuit Court of Frederick County, Virginia, in 'Deed Book I86 page 524, to which Deed and the references therein contained, a reference is here made for a more complete description of the property herein conveyed, and a chain of. title to the same. Said parties of the first part covenant that they have a right to convey said property, that the same is free from all liens and encumbrances, and that they will forever warrant and defend the title thereto. above written: REVENUE STAMPS x $27.50 a CANCELLED STATE OF VIRGINIA, COUNTY OF FREDERICK, Witness the following signatures and seals this date LAWRENCE F. DORSEY ZETTA M. DORSEY (SEAL) (SEAL) I, Kathleen R. Kline a notary Public in `and for the County of Frederick, State of tiirginia, do hereby certify that Lawrence F. horsey and Z-etta M. Dorsey, his wife, whose names are signed to the foregoing writing, bearing date on the 9th day of March, I944, have personally appeared before me and -acknowledged the e in my County and State aforesaid. a APPLICATION FOR APPEAL IN THE COUNTY OF FREDERICK, VIRGINIA -OFFICE USE ONLY - Appeal Application# L Submittal Deadline / Submittal Date /a5— For the meeting o Fee Paid yes initials: MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner �< other . (Check one) 2. APPLICANT::f NAME: Ov j (t em M COO A (rM ADDRESS CI at4 �r V _o TELEPHONE:qv 47--01 OCCUPANT: (if different) NAME: A %A ADDRESS: TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): V4 roe_(t P&(td e4 tkktl� RJOH _t(,t I I 5 e 16-T 4. Magisterial District: sl�tie wet I 5. Property Identification No.: 6. The existing zoning of the property is: i TA'- i. The existing use of the property is: 8. Adjoining Property: USE North O r ck cLJ S East f1cj South West ZONING i 9 A t 9. Describe the decision being appealed. (Attach a copy of the written decision.) I ° r,'"`Oe- 'Sall CA" -:20h" M �2tcL � - � � � `2j k' S Wove -el -qg s pr r- S&4-6cl-Cl LZ, 6 -AA 10. Describe the basis of the appeal, indicating your reason(s) for disagreeing with the decision. (This may be provided on separate sheet.) 4WVJd IMtg-:7'( 6t,4/LCJ PA b -e e-i\i3O + `tel 'tr' CEJ- - � �,1 ii Y PAL btd izeet An 'rw + t h"4--er e- ie-. kV\ C c�E� . vo r i N ��0-)/L� � ce �2-) 5 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 email of this application: (Please list Property Identification Number.) �2, j jd �j� S (`, 1'r-6 C+ _ 4kkd NAME J Shii,w, 1 McITa �L}/� -� Address % '4j s LID �' Property ID# 32-5- 5 z IZobeJ A9,tGL Address �2-1(P )4o -e i , el( Ro d L oT l Property ID # 2 -- 57 CI Phsqua��;J h j- Address :7& �iCih�hnS it �, Property ID # 3 2 CIJ ✓► Address f+ ,, L z) - 4 -- _Property Property ID # 3 Ke- iVA �G-lIYI Address 19 l v Property ID # 32-3- F Vvel✓v. ,l ©�it�l 1 �,1�5 Address ' I� 6)) Property ID #�- Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # a AGREEMENT APPEAL # U , 65T 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. nk , 71 - SIGNATURE OF APPLICANT �L til DATE 01 20 O5 SIGNATURE OF OWNER (if other than applicant) -OFFICE USE ONLY- DATE BZA PUBLIC HEARING OF ACTION: - D TE - APPEAL OVERRULED APPEAL SUSTAINED SIGNED: BZA CHAIRMAN DATE: File: Orlon and Use Applicatis�Application Fo ms%APPEAL Revised: 01/14/03 #513 --- �✓ I r'r t. JOSEPH CARLTON PASQUALI, ET UX SGB:pb TO: DEED #4345 JOSEPH CARLTON PASQUALI 1/20/32*********************t****************t 545 720 j THIS DEED made and dated this Ile d t SIMEW Ars ■vna V_ amm i ay ofvn( , 192T.2, by and between JOSEPH CARLTON pASOUALI and HELEN JANE PASQUALI, parties of the first part, hereinafter called the Grantors, and JOSEPH CARLTON PASQUALI, party of the second part, hereinafter called the Grantee. WITNESSETH: That for -and in consideration of the sum of Ten ($10.00) Dollars, cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby grant and convey with general warranty of title unto the Grantee, in fee simple absolute, all of the following described property: 1) All of those two (2) certain lots, together with all Improvements thereon and the appurtenances there- unto belonging, located in Stonewall Magisterial District, Frederick County, Virginia,.and designated as Lots No. S and 8 on the plat of Welltown Heights Subdivision, said plat of record in the Office of the Clerk of the Circuit Court of Frederick -County, Vir- ginia, in Deed Book.322, at Page 48; and being a portion of the same property conveyed to the Grantors herein by deeds recorded in the aforesaid Clerk's Office'in Deed Book 330, at �Pag�e 205, and Deed Book 437, at Page 719, respectively: ' a®--�.•-_.ems®-�._._�a 2) All of that certain lot or parcel of land, together with all improvements thereon and the appurtenances thereunto belonging, located in Stonewall Magisterial District, Frederick County, Virginia, designated as Lot No. B-4 as shown on that certain plat of record in the aforesaid Clerk's Office in Deed Book 350, at Page 438; and being a portion of the same property conveyed to the Grantors herein by deed of record in the aforesaid Clerk's Office in Deed Book 437, at Page 719. Reference is made to the aforesaid plats and deeds for a more particular description of the property herein conveyed. This deed is made pursuant to a written property settle- ment agreement. This conveyance is made subject to All easements, rights of way and restrictions of record affecting the subject property. The Grantors do hereby covenant that they have the 3 •� r Soc{ 545 OU 721 I� right to convey to the Grantee; that the Grantee shall have Iquiet and peaceable possession of the said property, free from all liens and encumbrances; and they will grant such further assurances of title as may be requisite. FITNESS the following signatures and sea)lss OSE CARLTON PASQU LI HELEN .JANE ASQUALI (SEAL) STATE OF CITY/C'9FRI 1 � �, To—wits I, tZlhcc - = . a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that JOSEPH CARLTON PASQUALI, whose name is signed to the foregoing Deed, dated the�� day of , 1982, has personally appeared before me d ackn wledged the same in my State and jurisdiction aforesaid. Given under my hand this ZjQday of 1982. Y.; Commission expires 7`4! z- x j . . STATE OF ld ---- CITY/GeUiPPY F , To -wits a Notary Public in and for the St -Are and jurisdiction aforesaid, do hereby certify that HELEN JANE PASQUALI, whose name is signed to the foregoing Deed, datee theIT&day of 1982, has personally appeared before me and a nowledge the same in my State and jurisdiction aforesaid. Given under my hand this 1-dt day of „ 1982. rr11 MY Commission expires .X t=s'lssnnAQeV.0ryar!!Id/ OT Y UBLI MCKM A" � ♦� Mil paJ'}1f� F:If.^EnCK Cq*1H7Y. SCT. TNsIncyrumen• O� Nflw�; ..as :: oaot-e to m. on the �F ear 01. �t�1 a� W4 w,ln :AA.'4j:e of xk ,eCymcnt It�lrtto &nr»rM was ,Cmrft,0 . f0 record. W4 --i Clerk ! xaauexx a ,oxxetox ATTYIIx.Te ATlA- N�axuTca. 1 i # 4# 4 215_____ D." K.. RUSSELL & SONS, INC. * . TO: • :: DEED :* JOSEPH C. PASQUA LI, ET UX BOCK 437 FACE 719 THIS DEED, made this day of b Sons,, Incorporated, a Virginia 1974; between D. K: Russell corporation, of the one part, hereinafter called the Grantor, and Joseph C. Pasquali and Helen J. Pasquali, his wife, of the other part, hereinafter called the Grantees. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledgedr the Grantor does grant and convey, with General Warranty and with English Covenants of Title, unto the Grantees, as tenants by the entirety, in fee simple, with survivorship as at common. law, together with all rights, rights of way, privileges and appurtenances thereto belonging, all those two (2) certain lots or parcels of land, more particularly described as follows: PARCEL ONE: All that certain tract or parcel of land, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, fronting on the Eastern side . of Virginia Secondary Route No. 661. (the Welltown Pike), and being designated as Lot 8 on that certain plat of WELLTOWN-HEIGHTS subdivision attached .to and recorded with of dedication from D. K. that certain deed Russell dated May 9, 1966, and duly recorded officoin f thederickeCountye Virginia, of thClerk of tin Deed he uBook. it ourt 322, at Page 45. PARCEL TWO: All that certain tract or parte of and, lying and being situate West of but not adjacent to Virginia Secondary Route No. 661 (the Welltown Pike) in Stone- wall Magisterial District, Frederick County, Virginia, and being the same land designated as Parcel "B-4", containing 2.00 Acres on that certain plat attached to and made.a part of the hereinafter referenced deed. The land herein conveyed is the same land conveyed to the Grantor herein by deed from J- Robert Russell, Executor of the Estate of DeKalb Russell, Deceased, dated January 5, 1972, and duly recorded in the aforesaid Clerk's Office in Deed Book 385, " NAY■,lYY i JYNMY7YY Ine-P0 A7 Ln. wc„u7u. 7uuiu BOOK 437 PACE, 7.4 Q,�. :•. at Page 638, •A reference to th®,afore$aid deed and plat and to the references contained therein is here made for a further and more particular description of the realty hereby conveyed. Parcel One hereinabove conveyed, being Lot 8,of WELLTOWN HEIGHTS subdivision, is subject to the following restrictions which constitute covenants running with the land and shall be binding on the Grantees herein and all subsequent owners of said lots (a) No building shall be located or erected nearer to the front property line of any of said lots than the building set -back line as shown on the aforesaid plata No building shall be erected on any lot within ten (10) feet of the side property lines. (b) Nothing but a single private dwelling or residence with or without detached garage designed for the occupancy . of one (1) family shall be erected on any lot in.this subdivision nor shall any lot be used for any purpose other than residential. (c) No dwelling shall be erected or maintained on any of said lots to cost,.when completed, less than Twelve Thousand Five Hundred Dollars ($12,500.00) or have a ground floor space of less than one thousand two hundred (1,200) square feet in the case of a single floor dwelling or one thousand (1,000) square feet in the case of a multiple,floor dwelling. The foregoing provision as to -cost shall be effective until August 30, 1967, and thereafter shall be adjusted each five (5) year period to reflect increase or decrease of the BLS INDEX of cost of construction as this ratio relates'to that currently in effect as of the date of this instrument., (d) No trailers or temporary buildings shall be erected or maintained on any lot in this subdivision. (e) No horse, cow, swine, goat, .fowl or other livestock II - 2 - �_ ! MAAl11�OM A AOMMMTOM - •no..m •r t./ 7LJ • BOOK 437 nu 721 shall be kept or maintained on any of the lots in this subdivisions M Each dwelling house erected upon lots in this subdivision shall include running water, bathroom, septic tank and drainfield which all must be approved by the Winchester -Frederick County Department of Health and their location set forth and approved prior to the commencement of construction. This conveyance is further made subject to all easements of record affecting the aforesaid realty. WITNESS the following signature and seal: D. K. RUSSELL & SONS, INCORPORATED .I H \/SJIi 4 "`•�. Y Pres ent -9 rLg -•BeFtq r Ar a 46 STATE OF VIRGINIA, �►� —�,J OF To—wite a Notary Public in and for the State and aforesaid, do certify that , whose name as President of D. K. t - .Russell s Sons, Incorporated; is signed to the foregoing writing, bearing date on the '14- day of . 1974, personally appeared before me this day in my said 1,•, ..and in the. (- name and on behalf of the said Corporation, acknowledged the said writing as the act and deed of the said Corporation, and made oath that he is President of the said Corporation and that the seal affixed to said writing is the true corporate seal of the said Corporation and that it has been affixed thereto) by due authority. 3 s MRSft[ .R. RMIIRR # 339 D. K. RUSSELL TO :: DEED JOSEPH C. PASQUAII, ET UX BOOK = = 2405 THIS DEED, made and dated this day of cd 1967, by and between D. K. Russell, Unmarried, hereinafter called the Grantor, and Joseph C. Pasquali and Helen J. Pasquali, his wife, hereinafter called the Grantees. WITNESSETH: That in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations paid the Grantor by the Grantees on or before the delivery of this deed, the receipt of all of which is hereby acknowledged, the Grantor hereby grants, sells and conveys, with general warranty of title, unto the Grantees, in fee simple, jointly, as tenants by the entirety with the common law right of survivorship, the following real estate, together with all improvements and appurtenances thereto belonging and subject to all easements and legally enforceable restrictions of record affecting such realty: All of those three (3) certain lots or parcels of land designated as Lot Nos. 5, 6 and 7 on the plat of Welltown Heights Subdivision, recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 322, at Page 48, each of which said lots fronts 140 feet on the South side of Virginia Route No. 672 and each of which extends Southwardly between parallel lines a distance of 316.96 feet. Said lots are situate in Stonewall Magisterial District, Frederick County, Virginia, and are a portion of the same realty which was conveyed to the Grantor by Lawrence F. Dorsey by deed dated March 9, 1944, and recorded in said Clerk's Office in Deed Book 189, at Page 46. This conveyance is specifically made subject to the following restrictive covenants running with the land as set fortf in the deed of dedication of said subdivision, which is recorded in said Clerk's Office in Deed Book 322., at Page 45: pA9/K •AR /MARK • RG •i 4f 1�xCMCs.[•. YI•GI•IA acox 33G .W 20fs (a) No building shall be located or erected nearer to the front property line of any of said lots than the building set back line (50 feet) as shown on the attached plat. No building shall be erected on any lot within ten feet of the side property lines. (b) Nothing but a single private dwelling or residence with or without detached garage designed for the occupancy of one (1) family shall be erected on any lots in this subdivision nor shall any lot be used for any purpose other than residential. (c) No dwelling shall be erected or maintained on any of said lots to cost, when completed, less than $12,500.00 or have a ground floor space of less than 1,200 square feet in the case of a single floor dwelling or 1,000 square feet in the case of a multiple floor dwelling. The foregoing provision -as to cost shall be effective until August 30, 1967, and thereafter shall be adjusted each five year period to reflect increase or decrease of the BLS Index of cost of construction as this ratio relates to that currently in effect as of the date of this instrument (May 9, 1966). (d) No trailers or temporary buildings shall be erected or maintained on any lots in this subdivision. (e) No horse, cow, swine, goat, fowl, or other live- stock shall be kept or maintained on any of the lots in this subdivision. (f) Each dwelling house erected upon lots in this subdivision shall include running water, bathroom, septic tank, 2 - f , 1 j I i i i ec�Y 350 rnE 438 COCHRAN LAND ' N13'E PIN ' °osr 316..96 94.08 N12 48 40 E-585.40 DAVIS LOT 2.006 AC. O JACK F. 1.. D.B. 312 - A 561 DAVIS 00 - o co 2.00 AC. _ n N D.B. 338 W P. 13NITE cV 316.96 d' W LOT 9 8-5 COOQZF„ V .1.00 AC. 316.96 to N13'E LOT 8 O B-4 h p 2.00 AC, 8'O O w = LOT 7 N (V ON j X4°0 ~ N 13' E sp0 tJf 316.96." ° I O! LOT 6 O Wp¢QmX �� H B-3' nm.. B-1 4D w 0� co 2.00 AC. . h Q W 25.154 AC. j W LOT 5 N N of m� ^ 16- N13'E 316.96' a f Lor 4 3 I= 0 a N B-2 (o ¢ _ LOT 3 t\j 3.88 AC. 0) 10'30'W cq 145.29' i 10 � fV Lor I S12'30'w Ix 4.10' 60' Riw 30'W 312.35' a mS 12'30'W- 611.28' — IRON PIN - - - - - IFIM PIN POST PT. BEG. 8-1 WELLTOW N PIKE = RT. 661 - 30' R/W er'CE�� of the Remaining Portion of The Aocompaning Plat is a Di ze on Su y Parcel ^B^ (Deed Book 338 page Z}17) of the Land oonveyed to D. A. Russell d Book 189 Page 46. The said Land fronts by deed dated 9 March 1944 in Dee the Eastern Boundary Lines of the Welltown Pike - Rt. 661, and lies in Stonewall District, Frederick County, Virginias e _ _ , Acres: Beginner at a post in the Eastern Parcel ^B - 1 ' to The Parcel A (One Acre Treat) Boundary Line of the Welltown Pike, n corner with the two 417) conveyed to Sarah Carter (Deed Book 338 Page p rum'' following linea of the said Parcel S 72 ° 18t 30" E - 302.18 ft. to an iron pins thenoe S 100 30t W - 145.29 ft --to an iron pin in -the northern line of said Line S 72° 18+ 30" E - 1,185.91 ft. to the Toots Lands thence with the to a post in the western line of the B. H. Cochran Land; thence with the two following lines of the said Lend N 120 48, 40" E 585.40 ft. to a post; _ thence N 130 E - 94.08 ft; to an iron pin corner to the Northeastern Portion of Parcel B (ocnveyed to Jack L. Davis - Deed Book 338 Page 13); thence with the Southern Lines of the said Portion and Parcels B - 5, B - 4, B - 3, and B - 2 - N 660 W - 1,525.02 ft. to an iron pin in the Eastern Boundary Line _ of Rt. 661; thence with the two following Boundary Lines 3 12° 30t W 611.28 ft. to an iron pin; thenoe_S 10° 301 W - 92.38 ft. to the beginning. 35 Parcel "B - 2" - - 3.88 Aoreat eg�rtnni gUat nn iron inthe Eastern Boundary Line of the Welltown Pike, a corner to Parcel B - 1, running with the Northern Line of the said Parcel S 660 E - 545,02 ft, to an iron pin corner to Parcel B - 3; thence with the Western Line of the said Parcel N 130 E - 316.96 ft. to an iron pin corner to Lots 4 & 51 thence with the So„rh.= Lots 4# 3, 1 and the Strip Dedicated for the 60.0 Ft. R/�i N 660 W - 542.25 ft. to an iron pin in the Eastern Boundary Lina of Rt. R/W thence with the two following Boundary Linea 3 13° 30� W - 312035 rt. to an 6611 iron pins thence S 120 30: W - 4,10 ft. to the beginning. Parcel ” B - 3" - - 2.00 Acres: Be¢innlrvo .c - Line of Parcel B - 1, a corner to Parcel B - 2, running with the Northern Line of Parcel B - 1 - S 660 E - 280.00 ft. to an iron Pin corner to Parcel B.?- 4; thence with the Western Line of the said Parcel N 130 E - 316.96 rt. to an iron pin corner to Lots 6 & 7; thence with the Southern Lines of Lots i 6 & 5 - N 660 W - 280.00 rt. to an iron pin corner to Parcel B - 2; thence � With the Eastern Line of the said Parcel S 130 W - 316.96 rt. to the beginning. Parcel "B - 4" - - 2.00 Acreat Beginning g ing at an iron pin in the Northern Line of Parcel B - 1, a corner to Parcel B - 3, running with the Northern Line of Parcel B - 1 - S 660 E - 280.00 ft. to an iron pin corner to Parcel B - 5; thence with the Western Line of the said Parcel N 130 3 E - 316.96 rt. to an iron pin corner to Lots 8 & 9; thence with the Southern Lines of LO ta 8 & ? - N 660 W - 280.00 ft. to an iron pin corner to Parcel B - 3; thence with the Eastern Line of the said Parcel S 13° W - 316.96 ft. to the beginning Parcel "B - 5" - - 1.00 Acres: Beginning 8 g at an iron Pin in the Northern Line of parcel B - 1, a corner to Parcel B - 4, running with the Northern Line of Parcel B - 1 - S 660 E - 140.00 ft, to an iron pin corner to the 2.0 Acre Portion conveyed to Jack L. Davis; thence with the Western Line o ° f the said Portion N 13 E - 316.96 ft. to an iron 'Pin corner to the 2.006'Acre Tract conveyed to Davis & Lot 9; thence with the Southern Line of Lot 9 -17 660 W - 140.00 ft. to an iron -pin corner to Parcel B -'4; thence with the Eastern Line of the said Parcel S 130w,- 316,96 ft, to the beginning . Surveyed - ,lily 26, 1968.i•:. LEE A. EBERT, Certified Land Surve or, COaan. of Virginia 484. t - WRGiNtA FREDERICK COUNTY. SCT. ,/ �/' s I ent of writing was produced to me on the._.. VLt11 t/man% l ay o --'" L ct aL �Q•'�l�y `-- and with certificate of acknowledgment thereto annexed was admitted to record. And additional tax paid. Clerk APPEAL APPLICATION #02-05 HIGH VIEW ONE, LLC Staff Report for the Board of Zoning Appeals Prepared: February 7, 2005 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Board of Zoning Appeals to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. BOARD OF ZONING APPEALS HEARING DATE: February 15, 2005 - Action Pending LOCATION: 7.5 miles west of Winchester in Highview Manor Subdivision, on the northwest side of Wardensville Grade (Route 608) and south of Glen Ridge Road. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER(S): 60A -2B -A-2-26,28-30,33-38; 60A -IC -B-1-8,10-16,20-24,27- 3 5, 0A -1C -B-1-8,10-16,20-24,27- 35, 37-48; 60A -1D -B-1, 6-9, 13, 18-29; 60A -1E -B-1-25 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) District Land Use: Vacant ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) South: RA (Rural Areas) East: RA (Rural Areas) West: RA (Rural Areas) Use: Agricultural Use: Residential Use: Agricultural Use: Vacant REASON FOR VARIANCE: Per the applicant, this variance is being sought due to the fact that the current side and rear setbacks render these existing parcels unusable. The current side and rear setbacks are significantly larger then the side and rear setbacks that were in effect at the time of the creation of these lots. The effect of the setbacks of the current zoning ordinance as applied would, without this variance, interfere with any reasonable uses of the property as a whole. Appeal Application #02-05 - High View One, L.L.C. February ?, 2005 Page 2 STAFF COMMENTS: The subdivision known as High View One was created in 1962 as noted by the recorded deed and plats included in your agenda. The recorded deed and plats do not have side and rear building setback lines assigned to them. The current setbacks for property in the RA zoning district abutting lots with residential use are: 60'front, 50'rear and sides; the ordinance requires a 100' setback from adjoining properties primarily used for agricultural purposes. STAFF CONCLUSIONS: 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; 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. The applicant is seeking variances of the current RA zoning district requirements on the sides and rear of the properties noted on the four (4) charts in your agenda. (Exhibit A 1-4) It appears that this variance request meets the intent of the Code of Virginia, Section 15.2-2309 (2), as an undue hardship would result the application of the Ordinance requirements. gn f m Variance # 02 - 05 - High View One, LLC N �- (see Documentation) WE Q 2�0 500 Feet y S 4 gn f m Variance # 02 - 05 - High View One, LLC N �- (see Documentation) WE Q 2�0 500 Feet y S n E APPLICATION FOR VARIANC IN THE DEC 1 6 COUNTY OF FREDERICK, VIRGI IA FREDERICK COUNTY 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: High View One, LLC L:/0 omas Moore Lawson, Esquire NAME: ADDRESS Lawson & Silek, P.L.C. 160 Exeter Drive, Suite 103 ADDRESS: Winchester, Virginia 22603 TELEPHONE: 540/665-0050 TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): 7.5 miles west of. W nchester on the northwest side of Wardensville Grade (Virginia Route 608) and known as Highview Manor Subdivision. 4. The property has a road frontage of g __feet and a depth of and consists of acres (please be exact). feet SEE ATTACHED PLATS Page 5 of 9 5. The property is owned by High View One, LLC as evidenced by deed from'Ralter L. & Linda S. Ritter recorded (previous owner) in deed book n8s Inst n o a of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. (gee attached Exhibit E) 6 Magisterial District: Back Creek Property Identification Nos.! 60A -2B -A-2 through 26, 60A -2B -A-28 through 30, 60A - 2B -A-33 through 38; 6OA-1C-B-1 through 8, 60A -1C -B-10 through 16, 6OA-1C-B-20 7. through 24, 6OA-IC-B-27 through 35, 60A -1C -B-37 through 48; 6OA-1D-B-1; 60A-ID- B. 0A-1D- B-6 through 9, 6OA-1D-B-13, 6OA-1D-B-18 through 29; and 6OA-1E-13-1 through 25, e existing zoning of the property"is. RA, (Rural •Afeas ) 9. The existing use of the property is: Vacant Residential Lots 10. Adjoining Property: ZQhUNQ North (See attached Exhibit, High View Manor, Sheets ].,through 3) East South Wdst 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.") For the parcels described in Item 7 above: Reduce left and right side yard setback where the left or right side yard setback for a given lot will not be less than ten feet and the sum of the left and right side setback will not be less than 30 feet. Reduce rear yard setback to 25 feet. Items shown on attached plats. 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 This variance is being sought due to the fact that the current side and rear yard setbacks render each of these existing parcels unusable. Current side and rear yard setbacks are significantly larger than the side and rear yard setbacks that were in effect at the time of the creation of these lots. The effect of the setbacks of the current zoning ordinance as applied would, without this variance, make the lots unusable. .Page 6 of 9 300/00'd LOZ# 88:31 9003/83/10 69VOL99OP91 19911 U HSdVH:woad 13. Additional comments, if any: N/A 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: SEE ATTACHED SHEETS WRO19 Page 7 of 9 14. Names, addresses and parcel identification numbers of adjacent owners: High View One, LLC 9B Loudoun Street, S.W., Suite 210 Leesburg, VA 20175 PIN 50-A-27 Trevor S. and Amy L. Johnson 497 Back Mountain Road Winchester, VA 22602 PIN 60-A-1 Trevor S. and Amy L. Johnson 497 Back Mountain Road Winchester, VA 22602 PIN 60-A-2 High View One, LLC 9B Loudoun Street, S.W., Suite 210 Leesburg, VA 20175 PIN 60-A-45 Terry E. and Katrina Lynn Swartz 166 Thwaite Lane Winchester, VA 22603 PIN 60-2-1 Edgar F. and Gletus A. Long 2801 Wardensville Grade Winchester, VA 22601 PIN 60-2-2 Jack L. and Violet L. Lynch 2660 Wardensville Grade Winchester, VA 22602 PIN 60-A-42 Walter L. and Linda S. Ritter 476 Old Charlestown Road Berryville, VA 22611 PIN 60A-lA-A-15 and 60A-lA-A-27 through 34 James A. and Misty A. Miller 117 Glen Ridge Road Winchester, VA 22602 PIN 60A -1C -B-9 Kevin A. Shelly 135 Glen Ridge Road Winchester, Virginia 22602 PIN 60A-1 C -B-17 through 60A-1 C -B-19 Dennis M. Pascal 9496 Lynhall Place Alexandria, VA 22309 PIN 60A -1C -B-25 and 26 Glendon E. Whitely 454 Girard Street, Apt. 202 Gaithersburg, MD 20877 PIN 60A -1C -B-36 Walter C. Johnson P. O. Box 36148 Greensboro, NC 27416 PIN 60A -1D -B-2 and 3 James E. H and Jolyn Ludwick 7645 Logging Lane Indian Head, MD 20640 PIN 60AAD-13-4 and 5 Lewis N. and Delores Ann Kerney 130 Glen Ridge Road Winchester, Virginia 22602 PIN 60A-lD-B-10 and 11 Robert W. White 133 Valley View Lane Winchester, VA 22602 PIN 60A -ID -B-12,14,15 and 16 Peter Mark James 2712 Mosby Street Alexandria, VA 22305 PIN 60A-1 D -B-17 Walter L. and Linda S. Ritter 476 Old Charlestown Road Berryville, VA 22611 PIN 60A -2A -A-1 through 3 Daniel Joseph Maguschak 101 Green Way Court Winchester, VA 22602 PIN 60A -2A -A-16 Andrew J. Maguschak 120 Overlook Road Gore, VA 22637 PIN 60A -2A -A-17 through 19 Charles A. Spaid, Jr. 224 Manor Drive Winchester, VA 22602 PIN60A-2A-A-20 through 26 Diane B. Bross and Helen B. Leake 272 Peppermint Spring Lane Winchester, VA 22603 PIN 60A -2B -A-27 Terry E. and Katrina L. Swartz 166 Thwaite Lane Winchester, VA 22603 PIN 60A -2B -A-31 Owen S. and Mary E. Mayhew 434 Singhass Road Winchester, VA 22602 PIN 60A -2B -A-32 15. Provide a sketch of the property (you may use this page or attach engineer's drawing). 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. SEE ATTACHED SHEET Page 8 of 9 Voj Vu/ LNV4 1u. 44 , . a , , C- 0 0300044:2 THIS DEED made and dated ibis a y of February, 21103, 6y and - b, -twee -WALTER L. RIMand LINDA S. RMM R his wife, Pariaes of the hereinafter called the Grantors, and X[ O a Virginia limited liability company, Party of the second pact, hereinafter called the Grantee. WMESSEM. That for and in consideration of the sum of Ten Dollars, cash In hand paid, and outer good alld valuable eon'sideration, paid to the Gc-ant4rs by the Grantee on or before the delivery of this Deed, the receipt of all of which i . s hereby acknowledged, the Grantors do herefsy grant and convey. with General Warranty and 9 -IM Covenants of Title unto the Grantee, in #ee simple absolute, the following real. estate; QCT I All those certain lots or parcels of -land, improveaments thereon and the appwfetogether with the nances thereunto belonging, located Mt. Williams in Rack (Amk Mag[ste" DBsstri designated as Lots 2-26, 28-30, 33 3$, and Parr Area No.near 1- Block HtySectrgi A Lots 1-S, 10-16, 20-24, 27-35, 37.48 .BIock•C Soc ion D; Lots 1, 6-9,. 13; 18-29• Bloc -1 D S on $' Lots 1-25, Block F, Subdivision, more arti y view Manor p Marl described by plats made by Richard. U. Goode L.S., attached to those ceitain instruments dated.SeptQmb,-,r 10, 1962, the Clerk's Office of the Circuit Court of ErMerickd in -county, in g k 281 of record at Page. 671 and Deed Book 281 at Page 682, to which reference is ma* de- a more particular description• of the property herein conv same gr°p-erty designated Tract 111] that ce �Y ' �g is a. portion of the from g1i Yiew IvfanoF' Inc, of record c .tine �d dated November 15, 2002 Record 020020158. , r�said Clerk s Office as Lid' TAIL MAP NOS.: 60A -2D -A-2•-26, 28-30, 33-39;. 27-35,37-4-8; 60A -E -S -1-7S; 60A -D -B-1, 6-913,19-29. , GB -1-8; 10-16, 20-7,4, MRAU All that. certain lot or parcel of ]arid, together -with all th .appurtenances, rights, rights of way and privileges. thereto belonging; located o� e Northwest side of Road No. 608 about seven and orie-half fniles West of -tie City of Winchester in Back Creek Magisterial District, k�eciericic County, Virginia, containing 3 450 squaw feet, or 0.7449 acre, more or less,,. accor' to plat and survey of Richard U Goode, C_LS_; dated An plat is attached to the Deed of zacord 59, which. in Deed Book 282 of page 132st 14, 19Tbi, is the 004113 -Ir 3 it .K Ux THIS DEED made and dated this day of February, 2003, by and betty WALTER 11 RITTER and ee LINDA S. RIM X his wife, partiesbe of the first rr a hereinafter called the Grantors p and ffiGFI VIEW ONE LLC . Of limited liability company, Party of the second part, hereinafter called the Grantee. WU`NESSETH: That for and in consideration of the sum f Dollars, cash in hand paid, and other ° Ten ($10.00) good and valuable const erat'On, paid to the Grantors -- by the Grantee on or before the delivery of -this Deed, the recei t o acknowledged, the Grantors do he p f all °f which is he hereby grant and convey with General Warranty and En . Covenants of Title unto the Grantee, in fee simple absolute, ash. the following real estate: TRACTP All those certain lots or parcels improvements thereon and the appurtenances the of be origin land, together with the Mt. Williams in Back Creek Magisterial Dista g' located near � Frederick County, Virga, designated as Lots 2-26,,33-38, 33-38, and Park Area No.,, Block B, Section A, Lots 1-8, 10-16, 20 -?4, 27-35, 3748, Block C, S Section B; Lots 11 6-9, 13 ec. On. B; Lots 1-25, Block E Subdivision,more 18-2g' BlockD, Section B, Hi ' Particularly described b View Manor L.S., attached to those certain Y Plats made by Richard U. Goode the Clerk's Office of the Circuit Court instruments FredericSeptember 10, 1.962, of record in Page. 671 and Deed County, in Deed Book 281 at Book 281 at Page b82, to which reference is made for a more Particular- description of the - ro - carne Property P .perty. herein conveyed. This is a P Pe y designated Traci I iu that cert portion of the from Hi Deed doled November 15,-2002 gh View Manor, Inc., of record iii -tlie-aforesaid CIerk's Office as Lan Record 020020158. d TAX MAP NOS.: 27-35, 37-48; 60A -2B -A-2-26 28-30, 33-38; 60A -C -B-1-8, 10-1 60A -E -B -1-2S; 60A -D' -B-1, 6-9,13:,18-29. � -6' 20-24, TRACT f: All that certain lot or parcel of land; together with appurtenances, rights, rights of way au, the Northwest side. Road No. 608 about seven d one es- thereto belon ung, located. Qn. City of Winchester in Back Creek Ma 'sterial Distri mil. West of the Virginia, containing 32,450 square feet, or 0.7449 acre mo Frederick � County, to plat and survey of Richard U. Goode, C.L S., dated m re or. Iess, accordin plat is attached to the Deed of record in Deed Boo g August 14, 1959, which Book 282 at Page 132. This is the �- E�firBlfi` . D `.ame land identified as Tract II in that certa' CF) record in the aforesaid Clerk's Office as Land Deed dated November 15 . d Record 020(120158. � 2002 of TAX MAP NO.: 60-A-43 TRA'�,7 M: All that certain tract of land 1 Back Creek Magisterial District,Ymg and b'e'ing. acres, 1 rood and 12 les Frederick Coun g situate in. Po , more or less; and be' via' contarnrng 140 in Tract Three.of the hereinafter referenced deed; the same real estate described more or less, and 7 acres, more or less and a tract containing 20 acres, at Page 235. This is the 'and which is of record in Deed dated November 15 same property identified as Tract M ' Book X58 2, of record in the aforesaid Clerk'st office as Land Land Record 020020158. TAX MAP NOS_: 50-A-27; 60 A.4S; 60A -A-44 TRACTN: All that certain tract or improvements thereon and a Parcel of land, together with all Frederick County appurtenances thereunto belonging, *located in Virginia, containing 175.1098 acres, more or less, orifi- eOIIt�ng 177 acres, 1 rood and 10 described as Lot No. 8 of the Lon I'Ol�' more or less, and beingy the Deed of record in the Clerks OfbCeTra the ct on�t further certain plat attached to County, Virgilftlm Deed curt Court for Frederick Line Adjustment and Grantof at Page 333 and as adjusted by Boundary between Walter L. Ritter, et gbt of way dated January 28, aforesaid Clerk's Office ' and James Allen Anderson,recur by and Land Record 030Q02124 of record in the thereto showing the adjusted boundary , which has a plat attached the plat of survey drawn by Douglaswith area of 175.1098 acres, according to C. Legge, Land -Surveyor, dated J X03, attached to the aforesaid .Boundary gge Jan 27, LineWay. This is the remainder portion and Grant of Right of portion of the same land conveyed to the Grantors herein by deed dated November 16 2 the aforesaid Clerk's Office as 002 from Andrea M. Dassori, of record in Land Record 020020161. TAX MAP NO. 50-A-25 The Grantors do hereby reserve a non-exclusive ingfeWe Manor Drive to and from Wardensville Grade t, 608 �ess easement over � )and Greenway Court as shown on the aforesaid Plat of High View Manor Subdivision of record in Deed Book 281 at Page 671, et Seq, and Deed Book 281 at Page 682, et seq. . 2 �J This conveyance is further made subject to that certain right of way granted and reserved in that Boundary Dine Agreement and Grant of Right of Way dated January 28, 2( by and between Walter L. Ritter, et ux, and James peen Anderson, of record in the aforesa' . id Clerk's Office as Land Record 03000212 _ which is by this reference made a part hereof as if set out in full. The Grantors expressly reserve a non-exclusive easement over the 175.109$_ acres (Tract N above) for ingreW gress to their property contiguous. The land herein conveyed contains 350 acres, more or less, in the aggregate. This conveyance is made in gross and not by the acre. WI NF,SS the following signatures and seals. WA -LI -LI EX L RMER M A ii � ��iM• STATE SOF VIRGINIA CITY OF`WI,NCHESTER, TOMIT: WI I' -�-�`� d, a Notary Public in and for the State and jurisdiction unsdictlon aforesaid, do hereby certify that WALTER L RT]TI'ER and LINDA ' S. BITTER, wbose names are signed to the foregoing instrument, dated February,r �x�?, wW3, have personally appeared before me and acknowledged- the same in my State and jurisdiction aforesaid. Given under my hand this a day of Febrtaary, 2003• My Commission expires Notary Public ON 4,,�9 ZZ OF 1 L566Riitdl %iii"Ruta b isplc G}ownwpd O Z ' _ VIRGINIA FREDERICK COUNTY, SCI ' �. Itis instruFnent of writing was produced to me on ��'�'9Ry Pv�v�`�� Z -o o:.. a-, :� l� HIGH VIEW MANOR TM 60A -213-A BLOCK B LOT NO. LEFTSIDE LEFTSIDE RIGHTSIDE RIGHTSIDE COMBINED REAR REAR VARIANCE REQUESTED RESULTING SETBACK VARIANCE REQUESTED RESULTING SETBACK RESULTING SIDE SETBACKS VARIANCE REQUESTED RESULTING SETBACK 2 13' 37' 22' 28' 35' n/a 3 15' 35' 34' 16' 49' n/a 4 35' 15' 11' 39' 46' n/a 5 10' 40' 20' 30' 30' n/a 6 10' 40' 20' 30' 30' n/a 7 10' 40' 20' 30' 30' n/a 8 30' 20' 10' 40' 40' 40' 10' 9 17' 33' 25' 25' 42' 25' 25' 10 12' 38' 22' 28' 34' n/a 11 12' 38' 23' 27' 35' n/a 12 12' 38' 23' 27' 35' n/a 13 23' 27' 14' 36' 37' n/a 14 20' 30' 10' 40' 30' n/a 15 30' 20' 11' 39' 61' 25' 25' 16 10' 40' 20' 30' 30' n/a 17 10' 40' 20' 30' 30' n/a 18 10' 40' 20' 30' 30' 50' 50' 19 10' 40' 20' 30' 30' 50' 50' 20 10' 40' 12' 38' 22' 50' 50' 21 23' 27' 12' 38' 35' 50' 50' 22 12' 38' 23' 27' 35' 50' 50' 23 13' 37' 22' 28' 35' 50' 50' 24 13' 37' 22' 28' 35' 50' 50' 25 13' 37' 22' 28' 35' 50' 50' 26 13' 37' 22' 28' 35' n/a 28 12' :8' 23' 27' 35' n/a 29 12' 38' 23' 27' 35' n/a 30 13' 37' 22' 28' 35' n/a 33 13' 37' 22' 28' 35' n/a 34 13' 37' 22' 28' 35' n/a 35 13' 37' 22' 28' 35' n/a 36 32' 18' 11' 39' 43' n/a 38 20' 1 30' 1 10' 40' 30' n/a EXHIBIT "A 1 " 1 2 4 6 8 0 11 12 13 14 15 16 20 71 22 730 24 777 28 30 31 32 34 37 8 70- 77 42 737 44 757 46 47 HIGH VIEW MANOR TM 60A-1 C -B BLOCK C LEFTSIDE LEFTSIDE RIGHTSIDE RIGHTSIDE VARIANCE REQUESTED RESULTING SETBACK VARIANCE REQUESTED RESULTIN( SETBACK 24' 26' 13' 37' 13' 37' 22' 28' 13' 37' 22' 28' 13' 37' 22' 28' 22' 28' 13' 37' 13' 37' 22' 28' 13' 37' 22' 28' 13' 37' 22' 28' 12' 38' 23' 27' 12' 38' 23' 27' 13' 37' 22' 28' 12' 38' 23' 27' 13' 37' 22' 28' 12' 38' 23' 27' 13' 37' 22' 28' 13' 37' 22' 28' 13' 37' 22' 28' 13' 37' 22' 28' 12' 38' 23' 27' 13' 37' 22' 28' 12' 38' 22' 28' 17' 33' 24' 26' 10' 40' 20' 30' 10' 40' 20' 30' 10' 40' 20' 30' 10' 40' 20' 30' 16' 34' 30' 20' 12' 38' 24' 26' 20' 30' 12' 38' 10' 40' 20' 30' 10' 40' 20' 30' 10' 40' 20' 30' 20' 30' 10' 40' 10' 40' 20' 30' 10' 40' 20' 30' 10' 40' 21' 29' 10' 40' 20' 30' 10' 40' 20' 30' 10' 40' 20' 30' 10' 40' 20' 30' EXHIBIT "A2" SULTING SIDE SETBACKS VARIANCE REQUESTED RESULTING SETBACK 37' 25' 25' 35' n/a 35' n/a 35' n/a 35' n/a 35' n/a 35' n/a 35' n/a 35' 50' 50' 35' 50' 50' 35' 50' 50' 35' 50' 50' 35' 50' 50' 35' n/a 35' n/a 35' n/a 35' n/a 35' n/a 35' n/a 35' n/a 34' n/a 41' n/a 30' 50' 50' 30' 50' 50' 30' 50' 50' 30' 50' 50' 46' 50' 50' 36' 50' 50' 32' 50' 50' 30' 50' 50' 30' 50' 50' 30' 50' 50' 30' 50' 50' 30' 50' 50' 30' 50' 50' 31' 50' 50' 30' 50' 50' 30' 50' 50' 30' 50' 50' 30' 50' 50' HIGH VIEW MANOR TM 60A-1 D -B BLOCK D LOT NO. LEFTSIDE LEFTSIDE RIGHTSIDE RIGHTSIDE COMBINED REAR REAR VARIANCE REQUESTED RESULTING SETBACK VARIANCE EQUES EDI SULTING SE BACK IRESETBACKSIDE LTI NG VARIANCE RESULTING REQUESTED SETBACK 1 20' 30' 39' 21' 59' n/a 6 12' 38' 23' 27' 35' n/a 7 12' 38' 23' 27' 35' n/a 8 12' 38' 23' 27' 35' n/a 9 12' 38' 23' 27' 35' n/a 13 13' 37' 22' 28' 35' n/a 18 22' 28' 13' 37' 35' n/a 19 12' 38' 23' 27' 35' n/a 20 13' 37' 22' 28' 35' n/a 21 12' 38' 23' 27' 35' n/a 22 13' 37' 22' 28' 35' n/a 23 12' 38' 23' 27' 35' n/a 24 23' 27' 12' 38' 35' n/a 25 10' 40' 21' 29' 31' n/a 26 11' 39' 21' 29' 32' n/a 27 22' 28' 12' 38' 34' n/a A 28 12' 38' 23' 27' 35' n/a 29 30' 20' 10' 49' 40' n/a I EXHIBIT "A3" HIGH VIEW MANOR TM 60A-1 E -B BLOCK E LOT NO. LEFTSIDE LEFTSIDE RIGHTSIDE RIGHTSIDE COMBINED REAR REAR VARIANCE REQUESTED RESULTING SETBACK VARIANCE REQUESTED RESULTING SETBACK RESULTING SIDE SETBACKS VARIANCE REQUESTED RESULTING SETBACK 1 50' n/a 20' 30' 30' n/a 2 12' 38' 23' 27' 35' n/a 3 12' 38' 23' 27' 35' n/a 4 13' 37' 22' 28' 35' n/a 5 12' 38' 23' 27' 35' n/a 6 13' 37' 22' 28' 35' n/a 7 13' 37' 22' 28' 35' n/a 8 12' 38' 23' 27' 35' n/a 9 22' 28' 13' 37' 35' n/a 10 13' 37' 22' 28' 35' n/a 11 20' 30' 40' 10' 60' n/a 12 12' 38' 23' 27' 35' n/a 13 13' 37' 22' 28' 35' n/a 14 13' 37' 22' 28' 35' n/a 15 12' 38' 23' 27' 35' n/a 16 23' 27' 12' 38' 35' n/a 17 12' 38' 23' 27' 35' n/a 18 19' 31' 21' 29' 40' n/a 19 10' 40' 20' 30' 30' 50' 50' 20 10' 40' 20' 30' 30' 50' 50' 21 20' 20' 10' 40' 30' 50' 50' 22 12' 38' 22' 28' 34' 50' 50' 23 13' 37' 22' 28' 35' 50' 50' 24 12' 38' 23' 27' 35' 50' 50' 25 32' 18' 27'—J30- 52' 50' 50' EXHIBIT "A4" P?1 19-A-27 J MOuEl. ODD" M 662 PG 224 zed WILD: RA• -OSE: AGWILTNUI j 90 pp sr i7 / LOT 37 LOT 32 50'W LOT TV �$ , ,1 S. - ,rWICAC LOT rYRCAL PROPO O HOUSE D/M Nvpyc [25:' AR60 �J t1 �s STREET AnC RLSWnLW L/NF LOT 33 20' 81 \ rTar9' 1 d•a LOT 2914 � \P11 50-A-27 ` t97 t70 1 HKH l" ONE. LLC Y- HSTR A030004332 \/ t^ ZM RA + USE: A(TGMILTURAL LOT 34 mob• ���- t LOT 35 o'Isp. S j2 � [OT J7 900 0, LOT 36 p7 $ LOT 277 tgt 35 4 e�LOT J8 r?.00. ryr�so ry LOT IO LOT 26 V LOT II \ / D 's \ /• ,8. •P /2 LOT 39 LOT 25 ' j • *•°o <h wry'' l.. � �o 7 m �� Lor 42 �'• o' n LOT 24 �� .b. � rte. •b� X90 `� ® •av6.l rJ, LOT d3 1A9 °14 o LOT 23 A LOT EI NE3. PN 60A-ICSLE0 ® LOT 15 ~/ u 4 WT AND SLl�1ER SHELLY �. ® •6• .LS ZPFO: RATRY aSOtNTM '$ < �' / \• �'• `�' •b- / O LOT 45 � LOT 16 ® 14 \ Ar \ COT 22 2t \ ® \• /\ y \• a� q6t A7 X, •Fi. \ $. LOT 46 �. /4 Lor 27 � �. �. LOT 11 O " LOT n ® Tv /COT 47 565 \\ 016 ` y; 8 ✓• oo t ��s^y yt � iT s� Lor 20 -b- '� s LOT 18 \\t8t h0 yj r 'g Zc^ LOT 48 �e S. b $- 9EEi 16 '•\ � � ty0 717 ® w �- LOT 12 LOT 19 � � GRAPHIC SCALE O�1l \ \ LOL�JO ' L. \ RE' I 1, . W n. \ -`�/ LOT 11 IYINr! a TRSXMOI` WSW U o: w i. O Nco a �E�XH•/B7T bvo,? IIG� �i!11dJT 0[X YAOSIMAL A517d'CT COWTY• WOMA AUGUST IA 2004 OAL- JANUARY rq 2004 SH£6T J a, J