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BZA 07-19-05 Meeting Agenda
AGENDA FREDERICK COUNTY BOARD OF ZONING APPEALS The Board Room Frederick County Administration Building 107 N. Kent Street Winchester, Virginia July 19, 2005 3:25 p.m. CALL TO ORDER 11) Determination of a Quorum 2) Minutes of June 21, 2005 PUBLIC HEARING 3) Appeal Application #15-05 of Oak Hill Grocery, submitted by Thomas J. Chasler, Esquire, to appeal the decision of the Zoning Administrator in the administration of the Zoning Ordinance pertaining to legal non -conforming land use in the RA (Rural Areas) District. The subject property is located at 2708 Berryville Pike, and is identified with Property Identification Number 55-A-169 in the Red Bud District. 4) Appeal Application #17-05 of Jeffrey Howell and Peggy Howell, submitted by Phillip S. Griffin, Esquire, to appeal the decision of the Zoning Administrator in the administration of the Zoning Ordinance pertaining to legal non -conforming land use in the R5 (Residential Recreational Community) District. The subject property is located at 128 Deep Pine Court, and is identified with Property Identification Number 17-4-44 in the Gainesboro Magisterial District. 5) Variance Request #18-05 of Robert D. Brown, for a 35 foot side yard variance. This property is located off at 678 Lake Serene Drive, and is identified with Property Identification Number 31B-1-18 in the Gainesboro Magisterial District. 6) 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 June 21, 2005. PRESENT: Theresa Catlett, Chairman, Opequon District; Dwight Shenk, Gainesboro District; Robert Perry, Vice Chairman, Stonewall District; and, Lennie Mather, Red Bud District. ABSENT: Dudley Rinker, Back Creek District; Kevin Scott, Shawnee District; Robert W. Wells, Member -At -Large. STAFF PRESENT: Mark R. Cheran, Zoning and Subdivision Administrator; Bernard S. Suchicital, Planner I; and, Bev Dellinger, BZA Secretary. CALL TO ORDER The meeting was called to order by Chairman Catlett at 3:25 p.m. On a motion by Mr. Perry and seconded by Mr. Shenk, the minutes for the May 17, 2005 meeting were unanimously approved as presented. Chairman Catlett made a statement to the requests before the Board today. She stated that the BZA nas a seven -member Board; however, that means you need a majority of the votes which is four votes in the applicant's favor. Chairman Catlett said we were not expecting this, but there are only four members today which means that the applicant needs to have all four votes in their favor. The applicant has the option to request their item be tabled to the next meeting. Of course, there can be no guarantee how many members would be present at that time, but it might be in the applicant's favor to have better odds of getting four favorable votes. PUBLIC HEARING Appeal Application 915-05 of Oak Hill Grocery, submitted by Thomas J. Chasler, Esquire, to appeal the decision of the Zoning Administrator in the administration of the Zoning Ordinance pertaining to legal non- conforming land use in the RA (Rural Areas) District. The subject property is located at 2708 Berryville Pike, and is identified with Property Identification Number 55-A-169 in the Red Bud District. ACTION — APPEAL TABLED Mr. Cheran stated that Mr. Chasler is present and he is going to speak to what Chairman Catlett just stated about the quorum. Mr. Chasler approached the podium and requested the Board to table this matter until the July 2005 neeting. Frederick County Board of Zoning Appeals Minutes of lune 21, 2005 Minute Book Page 1315 PUBLIC HEARING Variance Request #16-05 of Stephen & Deborah Slaughter, for a 35 foot side variance on each side and a 25 foot front and rear variance, for construction of a new home. This property is located off of St. Clair Road (677) on Lake Serene Drive, and is identified with Property Identification Number 31B-1-23 in the Gamesboro Magisterial District. ACTION — VARIANCE APPROVED Mr. Suchicital gave the staff report. The applicants are requesting 3 5 foot side yards variance and a 25 foot front and rear yards variance. Their current setbacks will make it difficult to build a normal sized house. The lot was created in 1972 and was zoned Al (Agricultural Limited), with setbacks of 35 feet front and 15 feet 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 District abutting lots with residential uses are 60 feet front, 50 feet side and rear. 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. Should this variance be granted, the building setbacks for this property would be 35 feet in the front, 15 feet on the sides and 25 feet in the rear. It appears that this variance meets the intent of the Code of Virginia, Section 15.2-2309(2). This request from the current setbacks of the RA Zoning District may be justified. Mr. Suchictal further stated that two letters were submitted in this matter, one for and one against, the requested variance. Mr. Suchicital displayed pictures of the property on the screen. Chairman Catlett asked if the current width of the lot is 127 feet and Mr. Suchicital replied yes. Chairman Catlett asked if the applicant is present. Mr. Slaughter approached the podium and identified himself. Chairman Catlett asked Mr. Slaughter if he wanted to go ahead with his presentation today. Mr. Slaughter asked if the Board ruled against him, would he have an opportunity to come back before the Board. Chairman Catlett answered no, he would not. Mr. Slaughter decided to move forward with his request. Mr. Slaughter stated that they bought this lot in 1984 at Lake Serene. When Lake Serene was developed, the setbacks were actually ten feet on the sides and in 1993, they redid the restrictions and covenants and changed them at that point to 15 feet. Mr. and Mrs. Slaughter want to build a normal sized house. That lot is about 127x400 feet long. It drops 75 feet from the road down to the lake. The width of the house is where the problem is; the house when situated on the lot will be far enough from the front and far enough from the back where it's not an issue. To build an 85 foot wide house with a garage and breezeway, with setbacks of 50 feet, they would have to build a house that's 25 feet wide and that would not work. Mr. Slaughter further stated that all the other houses are normally sized in the subdivision. Chairman Catlett asked if anyone else is present to speak in favor of this variance. Frederick County Board of Zoning Appeals Minute Book Page 1316 Minutes of June 21, 2005 Mr. Donald Vaschon approached the podium and identified himself as a resident of Lake Serene. Mr. IVaschon asked if the variance was for the side, front and rear, even though the lot is 400 feet deep. Why is there a nt and rear variance requested? Mr. Cheran stated that is what the applicant asked for. Mr. Vaschon wanted to go on record that he opposes any change to the front and rear setbacks. Most of the houses on the lake are back from the lake further. The house, with this variance, will allow it to be approximately 25 feet from the lake property line. Mr. Vaschon stated that he would like to see the County setbacks maintained for the rear setback. The property is cleared; there are no trees, so it would be better for the rest of the residents that it's set back farther than closer. Chairman Catlett asked Mr. Cheran if they are looking at the front setback as being the portion of the property fronting the road and the rear is the lake, and Mr. Cheran stated that is correct. Chairman Catlett again asked if anyone is present to speak in favor of this request. Mr. Slaughter came back to the podium. He stated that with the lake road, to get approval to build the house, he had to submit site plans to the Board of Directors of Lake Serene. In doing that, they signed off as a Board to allow him to build the house. Wendy Jones jotted down on here the side lot 15 feet, lake and road 15 foot minimum, and that is what they had requested simply because that's in the By-laws. That's what they had requested, and when he filled out the application, that's what he put on the application. Mr. Slaughter further stated that his house is going to be probably 250 feet from the lake and better than 125 feet from the road. Chairman Catlett asked Mr. Slaughter if they would be abiding by the current zoning of the 60 foot front and 50 foot rear and Mr. Slaughter replied yes, they would. Mr. Perry asked Mr. Slaughter if this is an accurate site plan and Mr. Slaughter replied yes. Mr. Perry asked Mr. Slaughter if he needed the variance on the front and rear, and Mr. Slaughter stated no, he doesn't need that variance. Chairman Catlett asked if anyone else wanted to speak in favor of the request and there was no response. She asked if anyone is present who is opposed to the request. Ms. Cindy Bergman approached the podium and identified herself as the immediate neighbor. Ms. Bergman asked if everyone had a copy of the letter they submitted and Chairman Catlett stated yes, they all have a copy of it. Ms. Bergman stated that basically they have no problem with the front and back and for the variance to be granted they have to see a compelling reason why it would override the good of all of them. They purposely bought all three lots to have as much land as possible and that would put his house way too close on one side. Ms. Berman stated that they prefer that the side variance not be granted. Chairman Catlett asked if anyone else who is opposed would like to speak. No one responded. The public portion of the meeting was closed. DISCUSSION. Chairman Catlett stated that it appears to her it would be almost impossible to build the home without it being some odd looking home, if you have approximately a width of 25 feet to build it. Mr. Slaughter has stated _hat he actually does not need the front and the rear variance, only the side variance. Frederick County Board of Zoning Appeals Minutes of June 21, 2005 Minute Book Page 1317 Mr. Shenk made a motion to approve the variance request of 15 feet on the sides only. Mr. Perry seconded and the motion passed unanimously. OTHER Chairman Catlett asked Mr. Cheran the cut-off date for the next meeting and Mr. Cheran responded that Friday, June 24"' is the cut-off. As there were no other items or new business to be discussed, the meeting adj ourned at 3:45 p.m. by unanimous vote. Respectfully submitted, Theresa B. Catlett, Chairman Bev Dellinger, Secretary Frederick County Board of Zoning Appeals Minutes of June 21, 2005 Minute Book Page 1318 APPEAL APPLICATION #15-05 �1GK , CO OAK HILL GROCERY, INC. ° Staff Report for the Board of Zoning Appeals A Prepared: July 11, 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: July 19, 2005 - Pending LOCATION: The property is located at 2708 Berryville Pike MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBER(S): 55-A-169 PROPERTY ZONING & USE: Zone: RA (Rural Areas) District Land Use: Miscellaneous Retail (Country Store) ADJOINING PROPERTY ZONING & USE: Zone: RA (Rural Areas) Land Use: Residential Zone: RA (Rural Areas) Land Use: Residential Zone: RA (Rural Areas) Land Use: Residential Zone: RA (Rural Areas) Land Use: Residential APPEAL: To appeal the decision of the Zoning Administrator in the administration of the Frederick County Zoning Ordinance pertaining to legal non -conforming land use in the RA (Rural Areas) District. REASON FOR APPEAL: Applicant is appealing the decision of the Zoning Administrator pertaining to non -conforming land uses in the RA District. The applicant contends that the store has not exceeded the ordinance requirement allowing a non -conforming use to expand fifty (50%) percent of the original store square footage. Appeal Application #15-05, Oak Hill Grocery, Inc. July 11, 2005 Page 2 STAFF COMMENTS: The applicant is appealing the decision of the Zoning Administrator regarding expansion of this non -conforming use to add individual viewing booths associated with adult-oriented videos. This property currently operates miscellaneous retail sales, adult-oriented videos, and novelties. The RA (Rural Areas) Zoning District generally does not allow these types of businesses; research of County records indicates that the current business functions existed prior to the adoption of the applicable zoning regulations that would have prohibited this current use. Therefore, this business constitutes a legal non -conforming land use. The adult-oriented videos and novelties function of the existing store is not permitted to expand beyond its current floor area. Any expansion from the current floor area devoted to adult-oriented videos, novelties, and or adding viewing booths, will not be allowed. This proposed expansion is beyond what the ordinance allows of fifty (50%) percent (165-151 (c)). Staff research has concluded that the original structure was used as a store (2nd level) and a residence (1 s'level). The 2nd level is approximately 1,000 sq. ft. in area. Therefore, the fifty (50%) percent that is allowed by Section 165-151 would limit the storage on the lower level to 500 sq. ft as presently used. The Frederick County Zoning Ordinance has allowed country general stores in the RA Zoning District since the adopted zoning in 1967. The ordinance clearly defines country stores to sell groceries and a variety of retail goods. This definition does not include adult video viewing booths for private viewing. The 1967 and current definitions of a country store are included in your agenda. (Exhibit #1 & #2) Adult-oriented businesses are allowed in the B-2 (General Business) Zoning District with a Conditional Use Permit (CUP). Should the owner want to expand this use on the property, a request to rezone the property to the B-2 (General Business) Zoning District with a Conditional Use Permit (CUP) would be appropriate. STAFF CONCLUSIONS FOR THE JULY 19, 2005 MEETING: Staff is requesting to affirm the decision of the Zoning Administrator in the administration of the Frederick County Zoning Ordinance regarding legal non -conforming land use in the RA (Rural Areas) Zoning District; that this expansion to add private video booths for adult-oriented videos is not allowed in the RA Zoning District. § 165-150 FREDERICK COUNTY CODE § 165-151 § 165-150. Reestablishing discontinued legally nonconforming use. Any use that was legally nonconforming under the provisions of this article and that was discontinued due to abandonment may be reestablished by obtaining a conditional use permit. Such conditional use permit shall be granted only for a use that is of equal or lesser nonconformity than the original use in relation to intensity, type of use, dimensional requirements or other requirements. Such requests to reestablish an abandoned use shall be considered following the procedures for conditional use permits in this chapter. § 165-151. Expansion and modifications. A. Legally nonconforming uses, structures, and signs listed below may not expand. These uses and structures may be modified if the result decreases the degree of nonconformity. (1) Landfills. (2) Junkyards. (3) Trash heaps. (4) Automobile graveyards. (5) Signs. B. Legally nonconforming uses listed below may expand or modify one time if the expansion or modification does not increase the degree of nonconformity and does not expand beyond 3,500 square feet or 50%, whichever is less. Measurements shall be based on gross floor area for structures and total land area for uses. (1) Parking lots. (2) Driveways. (3) Loading areas. (4) Outdoor storage and processing areas. (5) Outdoor display areas. C. All legally nonconforming uses and structures not specified in §165-151A or §165-15113 may expand or modify one time if the expansion or modification does not increase the degree of nonconformity, and does not result in an overall expansion of more than 2,000 square feet or 50%. Measurements shall be based on 16682 9-20-2002 § 165-151 ZONING § 165-153 gross floor area for structures and total land area for uses. Legally nonconforming residential structures may expand beyond 2,000 square feet or 50% if the expansion or modification does not increase the degree of nonconformity. The Zoning Administrator may allow the expansion of legally nonconforming structures and the construction of new structures with the same setback of the existing legally nonconforming structure, provided that all other conditions of the Frederick County Zoning Ordinance are met. D. Whenever a nonconforming use is changed to another use, it shall only be changed to a use that is of equal or less nonconformity in terms of the type or intensity of the use. E. A legally nonconforming use or structure that is located within the floodplain districts may be expanded one time, provided that they meet the conditions set forth in this article as well as Article XV, § 165-116, of this chapter. § 165-152. Legally nonconforming lots of record. Any lot of record at the time of the adoption of this chapter, which is less in area or frontage than the requirements of this chapter, may be used for uses allowed by this chapter when yard and setback requirements are met. The current setbacks for the particular Zoning District in question are to be applied for all lots, unless the most recent legally approved and recorded plat of the property clearly depicts all appropriate terminology and numeric information for different setbacks. § 165-153. Restoration or replacement. If a legally nonconforming use or structure is destroyed or damaged in any manner, it may be repaired or restored, provided any such repair or restoration is completed within 12 months from the date the legally nonconforming use or structure was destroyed or damaged. The Planning Commission may approve a waiver to allow an extension up to 18 months from the date the legally nonconforming use or structure was destroyed or damaged if requested by the owner. All legally nonconforming signs that are destroyed or damaged in any manner may be repaired or restored only if all work is completed within six months from the date the legally nonconforming sign was destroyed or damaged. 16683 9-20-2002 Article 16. Definitions EXHIBIT I area of one hundred (100) square 16-34 feet or more Lying within one tnousand (1, 000) feet of a State highway, a residence, a dairy barn or food handling establishment where trash, garbage or other waste or scrap material is dumped or depositec 16-31 without being covered by a sanitary fill. 16-25. FAMILY: One or more persons occupying a premises and living in a single dwelling unit, as distinguished from an unrelated group 16-3 occupying a boarding house, lodging house, tourist home or hotel. 16-26. FRONTAGE: The minimum width of a lot measured from one side lot line to the other along a straight line on which no point shall be 16---- farther 6-=farther away from the street upon which the lot fronts than the build- ing setback line as defined and required herein. 16-27. GARAGE, PRIVATE: Accessory building designed or used for the storage of not more than three (3) automobiles owned and used by the occupants of the building to which it is accessory. On a lot occupied by a multiple -unit dwelling, the private garage- a2 bores 16 designed and used for the storage of one and one-half (1-1/2) ti as many automobiles as there are dwelling units. 16-28. GARAGE, PUBLIC: A building or portion thereof, other than a private garage, designed or used for servicing, repairing, equipping, renting, selling, or storing motor -driven vehicles. 16-29. GENERAL STORE, COUNTRY: A single store, the ground floor 16 area of which is four thousand (4, 000) square feet or less and which offers for sale primarily, most of the following articles: bread, milk, cheese, canned and bottled foods and .drinks, tobacco products, ines, and general hardware articles. Gaso- li candy, papers and magaz r sale, but only as a secondary activity of line may also be offered fo a country general store. 16-30. GOLF COURSE: Any golf course, publicly or privately owned, on ry uses and which the game of golf isp taexdluding g lg driving ed, includinoranges as def ned ings customary thereto, b herein. 16-31. GOLF DRIVING RANGE: A limited area on which golf players do not walk, but onto which they drive golf balls from a central driving tee. 16-32. GOVERNING BODY: The governing body of Frederick County, Virginia. dedsigned 16-33. GUEST ROOM: A room which is intenone nor morearrangeu estsepaying to be occupied, or which is occupied, by g direct or indirect compensation therefor, but in which no provision is made for cooking. Dormitories are excluded. EXHIBIT 2 § 165-156 FREDERICK COUNTY CODE § 165-156 CONICAL SURFACE — A surface extending horizontally 20 feet for every one foot vertically from the periphery of the horizontal surface. CONTIGUOUS — Next to, abutting, or touching and having a boundary, or portion thereof, that is coterminous. [Added 9-12-2001] CONTRIBUTING STRUCTURE OR SITE — A structure or site within an HA District, at least 50 years of age, which possesses historical, architectural or cultural significance and has not been physically altered enough to substantially detract from its historical integrity. In addition, structures or sites at least 50 years of age which might not possess significant merit when considered alone may be considered contributing if they have significance relative to their patterns of development and/or their relationships with landmarks, buildings, structures or sites determined to be of historical, cultural and/or architectural significance. CONVALESCENT AND NURSING HOMES— An extended- or intermediate -care facility licensed or approved to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves. COTTAGE OCCUPATION — An occupation or profession customarily 49 carried on in a dwelling unit or an accessory building, which: A. Actually is carried on wholly within the principal residential building or an accessory building or structure; B. Is carried on by no more than one person other than members of the family residing on the premises; and C. Is clearly incidental and secondary to the use of the dwelling unit for residential purposes. COUNTRY GENERAL STORE — A retail business allowed where specified in the rural zoning districts which sells groceries along with a variety of other retail goods. DAIRY — A commercial establishment for the manufacture and sale of dairy products. DAY-CARE FACILITY — A facility in which more than five children, not including children who are related by blood, marriage or adoption to 16692 10-25-2001 is LU W ' a U / � Q f j Q W W 499, 4i,, SS do>8 0 LO >-, 0 o C3 i ' U � CO Lo O Co = i om `O ii SZ Y LO Q O '-' Lo N 0 9"12 3"N' � L 14* Q z 0 v LO Cl O O L `_ U LO r0n tV =LO Q LL '^ V 1 LO Q m O LO N O COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 CERTIFIED MAIL April 19, 2005 Thomas J. Chasler 203 E. Boscawen Street Winchester, VA 22601 RE: Zoning Determination 2708 Berryville Pike (Oak Hill Grocery) Property Identification Number (s) (PIN): 55-A-169 Zoning District: RA (Rural Areas) Dear Mr. Chasler: This letter is in response to your correspondence dated April 5, 2005 to the Zoning Administrator requesting a zoning determination on the above -referenced property. In the correspondence, you indicated the owner would like to expand this non -conforming use to add individual viewing booths associated with the adult-oriented videos. This property currently operates miscellaneous retail sales, adult-oriented videos, and novelties. The RA (Rural Areas) Zoning District generally does not allow these types of businesses; however, research of County records indicates that the current business functions existed prior to the adoption of the applicable zoning regulations that would have prohibited this current use. Therefore, the continued operation of this business constitutes a legal non -conforming land use. The adult-oriented videos and novelties function of the existing store is not permitted to expand beyond its current floor area. Any expansion from the current floor area devoted to adult-oriented videos, novelties, and or adding viewing booths will not be allowed. Any change of this use may result in a zoning violation being issued. You may have the right to appeal this zoning determination within thirty (30) days of the date of this letter in accordance with Section 15.2-2311 of the Code of Virginia. This decision shall be final and unappealable if it is not appealed within thirty (30) days. Should you choose to appeal, the appeal must be filed with the Zoning Administrator and the Board of Zoning Appeals (BZA) in accordance with Article XXI, Section 165-155A(1) of the Frederick County Zoning Ordinance. This provision requires the submission of an application form, written statement setting forth the decision being appealed, date of decision, the grounds for the appeal, how the appellant is an aggrieved party, any other information you may want to submit and a $250.00 filing fee. Once the appeal application is accepted, it will be scheduled for public hearing and decision before the BZA. 107 North Kent Street, Suite 202 s Winchester, Virginia 22601-5000 Page 2 Thomas J. Chasler Re: Zoning Determination 2708 Berryville Pike April 19, 2005 Contact me regarding any questions you may have at (540) 665-5651. Sincerely, Mark R. Cheran Zoning "'Wm. inistr ator MRC/dlw APPLICATION FOR APPEAL IN THE COUNTY OF FREDERICK, VIRGINIA MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner X other . (Check one) and President of Corporation which manages the business. 2. APPLICANT: OCCUPANT: (if different) Myron L. Ace NAME: Lorie M. Ace ADDRESS 197 NE 3rd Street Bend., Oregon 97701 NAME: Oak Hill Grocery, Inc. ADDRESS: 2708 Berryville Pike Winchester, VA 22602 TELEPHONE: (541) 322-0240 TELEPHONE: (540) 678-0156 3. The property is located at (give exact directions and include State Route numbers): Route 7 East - 2708 Berryville Pike, on right hand side 4. Magisterial District: Red Bud 55—A-169 5. Property Identification No.: b 6. The existing zoning of the property is: RA Grocery and Video - Upstairs 7. The existing use of the property is: Downstairs - .,art usiness art res3ential 8. Adjoining Property: USE North Raw land East Residence South Raw land West Rental Residence ZONING RA RA RA RA 9. Describe the decision being appealed. (Attach a copy of the written decision.) See attached letter and attached letter of April 19, 2005. 10. Describe the basis of the appeal, indicating your reason(s) for disagreeing with the decision. (This may be provided on separate sheet.) See attached letter. 11. Additional comments, if any: 12. The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the appeal is being sought, including properties at the sides, rear, and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notified by mail of this application: (Please list Property Identification Number.) NAME David Bragg Address P.O. Box 174, Clearbrook, VA 22624 PropertyID# 55-A-170 Brian Scott Williamson Address 2718 Berryville Pike, Winchester, VA 2260 Property ID # 55 -A -168A Phyllis B. Holtkamp, et al Address 8225 Cambourne Ct Gaithersburg, MD 20877 Property ID # 55-A-174 Willi A & Maria H. Balling Address 111 Burnt Factory Rd., Stephenson, VA 2265 Property ID # 55-A-147 Blue Ridge Associates Address 2430-3 Berryville Pk., Winchester, VA 2260 Property ID # 55 -A -174E George G. Bradfield John G. Bradfield Philip Bradfield Address 8225 Cambourne Court, Gaithersburg MD 2087 Property ID # 55-A-174 Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # AGREEMENT APPEAL I (we), the undersigned, do hereby respectfully petition the Frederick County Board of Zoning Appeals (BZA) to overrule the administrative interpretation of the County Zoning Ordinance as described herein. I agree to comply with any conditions required by the BZA. I authorize the members of the BZA and Frederick County officials to go upon the property for site inspection purposes. I hereby certify that all of the statements and information contained herein are, to the best of my knowledge, true. SIGNATURE OF APPLICANT , ` l / ATE - l S 05' s SIGNATURE OF OWNER LO E M. ACE DATE �� _ �' V t)j (if other than applicant) BZA PUBLIC HEARING OF -OFFICE USE ONLY - ACTION: - DATE- `7/iefl-Ou- APPEAL OVERRULED APPEAL SUSTAINED SIGNED: DATE: File 0 \Land Use Applications\Application Fomms APPEAL Revised. 07!14/03 BZA CHAIRMAN COG 005 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I (We) (Name) Myron L. Ace and Lorie M. Ace (Phone) (541) 322-0240 (Address) 197 NE 3rd Street, Bend, Oregon 97701 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 N0.63Nl) �-2 I � on Page Parcel: Lot: Block: Section: _ do hereby make, constitute and appoint: —,and is described as / 2CLCfu2_, 3-,tc,V,9 Subdivision: (Name) —�� � S J" ( A, - (Phone) � U 6 Z i 2- 0_/. (Address) % i �l C a1 ST To act as my true and lawflul 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) Q/W 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. _ In witness thof, I (w a eto set my (our) hand and seal this /S"�day of�,r - , 200 , Signature(s)7/vl�_ ON L. ACE ORIE M. ACE State of ia, City/County of ��� <<u 7r J Jo' a Notary Public in and for the jurisdiction aforesaid,, certify that the persons) who signed to the foregoing instrument personally appeared before me and has aAnowledged the same before mein the jurisdiction aforesaid this / day of AIX �l , 200}" �,2 Lir! i �� � Co sion Expires: Public NOTARY f'l1FiLtYLIE 0 OREGQN ev\SpecialLimited POA.wpd COMlWi SaON ��0.:i81050 MY COMMISSION EXPIRE, .vt�lE 20.2008 2005 Telephone: (540) 662-1203 Facsimile: (540) 665-9615 May 18, 2005 LAW OFFICE THOMAS J. CHASLER 203 EAST BOSCAWEN STREET WINCHESTER, VIRGINIA 22601 Frederick County Board of Zoning and Appeals 107 North Kent Street Winchester, Virginia 22601 Gentlemen: E-MAIL: tchasler@emafl.com This is an appoal of the Decision of Zoning Administrator dated April 19, 2005, in reference to the above. Oak Hill Grocery is in a rural agricultural area. The current business includes groceries, miscellaneous retail sales and adult oriented videos and novelties. By letter of April 4, 2003, the above uses were recognized as a legal nonconforming use. The building consists of an upstairs and downstairs. The entire upstairs and a portion of the downstairs have been used for business purposes. Two Affidavits in blank form are attached and Affidavit 1 is to be executed by the prior owner who is out of state. Affidavit 2 will be executed. When received, they will be filed with the Planning Department. „ The store has requested permission to expand the downstairs from two (2) rooms to the entire lower level. I have attached a schematic drawing of the store which indicates in hatch marks £-om the prior owner which parts were used primarily for business. The expanded portion would have the same intensity of nonconformity of use as the rest of the nonconforming use. On the lower level, 424 square feet had primarily been used for business in the past and the expansion requested is 675 square feet which is the balance less 60 square feet for the bathroom. Section 165-151(c) of the Frederick County Code permits a nonconforming use not described in either 165-151(A) or 165-151(B) to expand one time provided that the degree of nonconformity is not increased nor that the expansion results in more than fifty percent (50%) of the current square footage but not to exceed 2,000 square feet. The square footage requested is far less than fifty percent (50%) and the degree of nonconformity is the same. On this basis, the applicant appeals the decision of the Zoning Administrator and his failure to permit the expansion. Sincerely, PmZP�JCa,sler TJC:wls i W W J W O J D,VY, g /vm edo I sol«iso -31 ea I NV7d 73/137 b'3ddn.t b(-qOOYD 771HXV0 m1�O&) 11IN w0 � W W W w W �tr �o W W W AFFIDAVIT I, Kay Trent, the prior owner of Oak Hill Grocery, Inc. used two of the rooms downstairs for business purposes related to the store. In my downstairs office, I had my computer/stored videos and did my record keeping. In the room east of this room which was made into a kitchen area I stored videos and materials. I have marked with cross hatches the areas used for the business. Date: KAY T&NT STATE OF City/EeR.-rrlty of: Subscribed and sworn to before me this day of , 2005, by KAY TRENT. My Commission expires: =9ho/oco all�� Notary Public AFFIDAVIT I, Tina M. Geary, do hereby state the following: That I have been employed by Oak Fliii Grocery, hic. for seven (7) years. During that time, we have portions of the lower level that were used for business purposes. The ss records and merchandise stored in one room. The Owner had her computer and busine kitchen area was used primarily for inventory storage. Date: r TINA M. GEARY STATE OF Vl Q6 ny /A , City/Germy of Subscribed and sworn to before me this a,- day of May, 2005, by Tina M. Geary. My Commission expires: Notary P lie CO APPEAL APPLICATION #17-05 qw �� JEFFREY HOWELL AND PEGGY HOWELL Staff Report for the Board of Zoning Appeals w Prepared: July 5, 2005 < Staff Co, L L Mark R. CI "eras � Zoe ���.y Ad�►��nistrator �a 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: July 19, 2005 - Pending LOCATION: The property is located at 128 Deep Pine Court MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBERN: 17-4-44 PROPERTY ZONING & USE: Zone: R5 (Residential Recreational Community) District Land Use: Residential ADJOINING PROPERTY ZONING & USE: Zone: R5 Land Use: Residential Zone: R5 Land Use: Residential Zone: R5 Land Use: Residential Zone: R5 Land Use: Residential APPEAL: To appeal the decision of the Zoning Administrator in the administration of the Frederick County Zoning Ordinance pertaining to permitted uses in the R5 (Residential Recreational Community) District. REASON FOR APPEAL: Applicant is appealing the decision of the Zoning Administrator pertaining to permitted uses in the R5 District. Appeal Application 417-05, Jeffrey Howell and Peggy Howell July 5, 2005 Page 2 STAFF COMMENTS: The Frederick County historical zoning map shows this property was zoned R-5 (Residential Recreational) in 1973. This subdivision was created without the benefit of an approved Master Development Plan (MDP); therefore, without the Master Development Plan, there are no recreational facilities to board horses. Furthermore, Section 165-76 A of the Frederick County Zoning states: "All uses allowed in the RP (Residential Performance) Zoning District" can occur in the R-5 Zoning District. Equine or agriculture animals are not permitted uses in the RP (Residential Performance) Zoning District. Therefore, boarding of horses in this subdivision is not an allowed use under Section 165-76 A of the Frederick County Zoning Ordinance. STAFF CONCLUSIONS FOR THE JULY 19, 2005 MEETING: Staff is requesting to affirm the decision of the Zoning Administrator in the administration of the Frederick County Zoning Ordinance regarding permitted uses in the R5 (Residential Recreational Community) Zoning District. as / w � � 9 O U r WILLI M3 O W co t0 0 is O N i� M O'> N Z9 by'��Sk jco 1 N O F ^ � O LL 1 LL 10 W, W Q / CN CN O CN N Z Q0 to W J N w U QO ti y i U CY ^� / CCD) Q W z pQp fp a �� Q IR coCN N J m 3 c �v m o2ZC N (Q N <D E _ O M W C CO O v .mN Z V LU f—V LL LL N O Y Z O N M r Z M w V U T Q N N LY N °7+��E113I°9S LLI r v 441 w o LL' et 5V^1 i v U M = zi SAO i 7 Q \ /IM noo a aiyyscyw�N mCD / w O U r O W co t0 LOCD O i� D Z9 by'��Sk 1 N O F ^ � O LL 1 LL 10 W, W O CN N Z Q0 W U U CCD) W z w o a Gdd K ,ILlJ a' m 3 c �v m o2ZC E _ i O m I LL Oi bh O 0 0 N LO O O = 1 � (3.) -,tO 1 US cz N ted- 06 O N Q� O m I LL Oi bh w �O Ca b 7 rn _ 40 _ b 0<Is$ M G ` H `• o ��ZZ�ZZ� � nr �M Ung ys a",eH 0 �LL 0 O 0 N LO O O -7- I I � Q LO (C$ a� 025 ti � b O LO N Q� 0 �LL W LU o � Q 8 � b O 0 COUNT' of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 CERTIFIED MAIL April 27, 2005 Jeffrey B. Howell and Peggy L. Howell 12S Deep Pine Court Gore, VA 22637 RE: 128 Deep Pine Court; Property Identification Number (PIN): 17-4-44 Zoning District: R5 (Residential Recreational Community) Dear Mr. and Mrs. Howell: On April 26, I visited the above -referenced property in response to a complaint regarding horses. My inspection of the site revealed the presence of multiple horses being housed on the property. In accordance with Section 165-76 of the Frederick County Zoning Ordinance, housing of agricultural animals is not a permitted use in the R5 (Residential Recreational Community) Zoning District. Therefore, the horses kept at the above -referenced property constitute a violation of the provisions of section 165-76. This office will allow thirty (30) days from receipt of this letter to resolve this violation. Specifically, resolution of this violation may be accomplished by removing the horses from the above -referenced property. Failure to comply with the Zoning Ordinance could result in a criminal complaint being filed against you. '1-ou may have the right to appeal this notice of violation within thirty (30) days of the date of this letter in accordance with Section 15.2-2311 of the Code of Virginia. This decision shall be final and unappealable, if it is not appealed within thirty (30) days. Should you choose to appeal, the appeal must be filed with the Zoning Administrator and the Board of Zoning Appeals (BZA) in accordance with Article XXI, Section 165-155A(l ), of the Frederick County Zoning Ordinance. This provision requires the submission of an application form, a written statement setting forth the decision being appealed, the date of decision, the grounds for the appeal, how the appellant is an aggrieved party, any other information you may want to submit, and a $250.00 filing fee. Once the appeal application is accepted, it will be scheduled for public hearing and decision before the BZA. 107 North Kent Street., Suite 1-02 - Winchester, Virginia 22601-5000 Page 2 Mr. Jeffrey B. Howell and Mrs. Peggy L. Howell RE: 128 Deep Pine Court April 27, 2005 Please do not hesitate to contact me regarding any questions that you may have at (540) 665-5651. Sincerely, Oairick R. Sowers Planning Technician PRS/dlw § 166 5-7 5 FREDERICK COUNTY CODE § {65-Y6 zoning. In adopting the rezoning, the rnas-er development plan submitted may be accepted as a condition proffered for the rezoning. The master plan review procedures described by Articie. XVM must al5 'Ue compieied cor,currenlly witl'j or following the considerat on of the ,Ezonirg. h. Impact analysis. Impact analysis, as recuired by this chapter, shall be. used 4o evaivaie all potential impacts, including irnpacts on surrounding lands, the environment and cn public facilities and services. B. Lana dedication. Land shall be dedicated in -esidential recreational community developments far pLbliv roads and public facilities necessary to serve the development as described by the Ccmprehensive Pian, the Capital Improvements Program and adopted road improvement programs. C. Addition of land. The Board of 'Supervisors riga}, approve the addition of land to an approved recreational residential communis. -Y nruugh the procedures set for Lh in this chapter for the original approval of a residential recreational community development. 165-76. Permitted uses. [Amended B-9-20001 The following uses are allowed in the R5 Residential Fecre.atioz-ol Community District. 1' A. All uses, allowed in the RP Residential Performance Distria". B. Ace -restricted communities. C. All uses allowed in the B-1 Neighborhood Business Distric*, except f:)r the following: (1) C-ar washes. (2) F.ineral homes and crematories. D. Indoor and outdoor recreational fadfities. E. Preserves and conservation areas. F. Restaurants. G. Hotels and lodges. H. Boat cubs and service areas. 15606 :O - L -2Y)l § 165-58 FREDERICK COUNTY CODE § 165-59 -- shall be clearly designated to take into account future development as indicated in the Comprehensive Plan. F. In those sections of this article where discretion is given to the Administrator or Commission, that discretion shall be exercised with this statement of intent as the primary guide for action. § 165-59. Permitted uses. ( IAJ i f A. All uses shall be developed in accordance with an approved master development plan unless otherwise waived under Article V of this chapter. B. Structures are to be erected or land used for one or more of the following uses: (1) Any of the following residential structures: single-family detached traditional rural, single-family detached traditional, single-family detached urban, single-family detached cluster, single-family detached zero lot line, single-family small lot, duplex, multiplex, atrium house, weak -link townhouse, townhouse or garden apartment. [Amended 10-27-19991 (2) Schools and churches. (3) Fire stations and companies and rescue squads. (4) Group homes. (5) Home occupations. (6) Utilities necessary to serve residential uses, including poles, lines, distribution transformers, pipes and meters. (7) Accessory uses and structures. Accessory structures attached to the main structure shall be considered part of the main structure. Mobile homes and trailers, as defined, shall not be considered as accessory structures or buildings. (8) Required or bonus recreational facilities and public parks, playgrounds and recreational facilities. 16580 12-15-99 § 165-59 ZONING § 165-59 (9) Business signs to advertise the sale or rent of the premises upon which they are erected, church bulletin boards and identification signs, signs for nonprofit service clubs and charitable associations (off-site signs not to exceed eight square feet) and directional signs. (Cont'd on page 16581) 16580.1 12-15-99 § 165-59 ZONING § 165-61 (10) Temporary model homes used for sale of properties in a residential development. (11) Libraries. [Added 6-8-19941 (12) Adult -care residences and assisted -living care facilities. [Added 8-24-2004] § 165-60. Conditional uses. Uses permitted with a conditional use permit shall be as follows: A. Convalescent and nursing homes and adult care residences and assisted living care facilities. [Amended 2-26-1997] B. Cottage occupations, as defined. C. Nationally chartered fraternal lodges or civic clubs, social centers and their related club facilities, with an approved site plan, meeting the requirements of this chapter and with the following conditions: (1) All principal activities shall take place entirely within an enclosed structure. (2) All outdoor facilities shall be incidental to the principal facility or activity. (3) No facility or activity shall be erected or conducted less than 30 feet from any residential district or area within other districts which are predominantly residential in nature. D. Day-care facilities. E. Rooming houses, boardinghouses and tourist homes. F. Veterinary offices, veterinary clinics or veterinary hospitals, excluding boarding of animals for nonmedical purposes. [Added 5-24-1995] § 165-61. Number of uses restricted. More than one principal structure or use and its customary accessory structures or uses are permitted in the RP Residential Performance District for duplexes, multiplexes, atrium houses, weak -link townhouses and garden apartments. 16581 12-15-2004 APPLICATION FOR APPEAL IN THE COUNTY OF FREDERICK, VIRGINIA MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner Z other . (Check one) 2. APPLICANT: fH ILLI t' S . Cry t rf--ipj OCCUPANT: (if different) r'� l'Yr1d 'S NAME: �k; �-1a.,.�ll NAME: ADDRESS mer 4>1r.-� �.;- ADDRESS: 6Ore- ,yt... -2oZ`Z7 TELEPHONE: TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): :J � � e`✓'�.-; cry � rc•�, ! ��, 01 �--�4 1 e-l-� ate- IX T c) i Of (•:. r ` o vx TZ T- r� �1 ,► .� �r Ems . M7 I -zb ` t- `` ►'^ ' , �1 Yvt ; AOA� 4. Magisterial District:�°sErc►►ra 5. Property Identification No.: 1-7 -- %4 •-4L( 6. The existing zoning of the property is 7. The existing use of the property is: 8. Adjoining Property: USE North w --,i U-- East V4%e- South ve.;% +Ai/ West ZONING Vis' 9. Describe the decision being appealed. (Attach a copy of the written decision.) 10. Describe the basis of the appeal, indicating your reason(s) for disagreeing with the decision. (This may be provided on separate sheet.) 11. Additional comments, if any: 12. The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the appeal is being sought, including properties at the sides, rear, and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notified by mail of this application: (Please list Property Identification Number.) NAME AGREEMENT APPEAL # % — G '7�0 I (we), the undersigned, do hereby respectfully petition the Frederick County Board ofZoning 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 thZsta ments and information contained herein are, to the best of my knowledge, true. SIGNATURE OF APPLICAN' SIGNATURE OF OWNER (if other than applicant) -OFFICE USE ONLY- DATE S" -V--? ro 5' DATE BZA PUBLIC HEARING OF `7 / 5' ACTION: - DAtE- L MIA APPEAL OVERRULED LjAPPEAL SUSTAINED File. O \Land Use Applications\Appli cation Forms\APPEAL Rcvised 01/14/03 SIGNED: DATE: BZA CHAIRMAN �1GK CO Special Limited Power of Attorney County of Frederick, Virginia + Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 Nnrth Kent Street; Winchester, Virginia 776fl7 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I (We) (Name) (Phone) (Address) 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 , and is described as Parcel: Lot: Block: Section: Subdivision: do hereby make, constitute and appoint: (Name) (Phone) (Address) To act as my true and lawflul 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. In witness thereof, I ) have hereto set my (our) h7�21 this o��day of < o , 200 05. Signature(s) / / Z Com/ ' �- State of Virginia, lCiounty of� ►� �+►C„�,�£-? �` r , To -wit: I, VI'k-E1 y 1P S �-, li'y % , a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me and phas acknowledged the same before mein the jurisdiction aforesaid this c: Val of , 200ID!; My Commission Expires: Notary Public U:\Bev\Special Limited POA wpd PHILLIPS. GRIFFIN, II, ESQUIRE PHILLIPS. GRIFFIN II, P.C. ATTORNEY AT LAW 102 SOUTH KENT STREET WINCHESTER, VIRGINIA 22601 May 27, 2005 VIA HAND-DELIVERLY Marls C. Cheran, Zoning Administrator Frederick Co. Dept. of Planning & Development 107 North Kent Street, Suite 202 Winchester, VA 22601 J i %a Y 2 % 2005 PLA 4 I'ELEPRO— NE ("S40) 667 4647 - FACSIMILE: (540) 667-4711 EMAIL: psgpc@visuallink.com Re: Jeffrey & Peggy Howell v. Timber Ridge Farms Subdivision Our File Number: 05- 303 Dear Mr. Cheran: I represent Mr. and Mrs. Jeffrey Howell in regards to the above referenced natter. They have lived at the property located in Gore, Virginia, (address of 128 Deep Pine Court), which consists of 5.42 acres, for 11 years. Mr. and Mrs. Howell have had horses on this property, on and off, 1or the last 10 years. They are surprised to hear it is illegal to keep the approximately 7 horses that they now ha\ -e on the property, in 2005. This is the first complaint the Howells have had, in the 10 years they have had horses on the property. They believe this complaint is the result of a personal dispute with I=d Lockwood, their neighbor and former President of the Timber Ridge Fares Homeowner's Association. Mr. Lockwood and Timber Ridge Farms Homeowner's Association have never sept the Howells a letter stating that they could not have horses. The current President of the Timber Ridge Fauns Homeowner's Association and other neighbors have no complaints with the horses. Please note that the horses are fenced in, well kept, are not noisy, and do not create any unusually strong odors to the surrounding environment. Therefore, the horses do not constitute a nuisance to Timber Ridge Fauns Subdivision or Frederick County. Enclosed please find copies of the 1978 Deed of Dedication of the Tirnber Ridge Farms Homeowner's Association regulations and bylaws, as well as a check in the amoLInt of $250.00 for filing fees. I have also reviewed copies of VA Code § 15.2-3311 and 15.2-3312, which are also enclosed. Mr. and Mrs. Howell believe they are in compliance with the zoning ordinance and master plan as well, as a permitted use, under § 165.76, specifically: (1.) "A. All uses allowed in the RP Residential Performance District; (2.) "D. Indoor and outdoor recreational facilities; and (3.) "E. Preserves and conservation areas;" and/or (4.) "J. Private campgrounds." I believe that after you review this information, you will find that my clients are in compliance with the current zoning ordinance and in compliance with the homeowner's association rules and regulations, as accepted and rendered to Frederick CoLUIty is 1978, specifically p.8, $ G, allowing "fowl, horses, ponies, and not more than two heads of cattle," as well as other household pets on any properties of the Timber Ridge Farnis Homeowner's Association. My clients are also in compliance with the committee structure of the homeowner's association. Please contact me should you have questions or concerns. With kindest regards, I remain Sincerely, Phillip S. Griffin, II PSGII/wps Enclosures as stated Cc: Mr. &. Mrs. Howell Mass=� 1 _ .w►A'w*rn**RRRa aw � _1-i� - �' ��j- t `J'TN.GL.R' ItiDG� L-'hIt1�1S OF VA. 4%'I nchu r.,F r1zlf.cr,r-(A'4 It 1 OT VEDICAT10", ...de and dated this 9th I 7'iIIG DECD Inc fay oy171©. , a f J•il. by Timl+er Ridge Farms of Virrinin. Virginia corporation, hereinafter known as "Declarant"; of the lends witrREAS, Declarant is -the sole ovner described in the attaehci plats for Timber P.idge Farms Subdivision conveyed to Timber �ectl.on IV, which is the came realty that' vas midge i'arm■ of Virginia, Inc., by deed dated the 2Lth day June. ui e Clerk of 1978, and of racurd in the Office of ththe Clnstrum^nt Virginia, in Deed Book 9. (Court of Frederick County, C•L•G•. and to. 2370• 'Said plate, prepSred by David Lee Ingra1. 6th day of June, 1918. are made s Part hereof and are dated t:he refereneo; and incorforated herein by Ni1::REAS, tite Board of Directors of Timber ridge ; stns of Virrinla, Int••. Put'cuant to authority grantei to It by its Articled of Incorporation and By—Lees, has the authority to eub— divide and to sell real estate; and on motion d.ul� WIIEREAS. the said Board of Directors, anile and passed, and by its consent and authority. 'has approved on of its lands described the aforesaid plats for the subdivisi Ithe Timber Ridge Farms Sub— therein; vhieh lands, as • part of ICaineeboro District of FrederlcY. division, are eitttate in the Countj, Virginia; and a or thir Declaration cf Protecti�•c WI:EArA', the provision Fiea'rietfons and cavenar.te. as hereinafter set forth, have been ideally. designed With the thouCht that most persona, , would like t, Ile a port of a connunity having an scolot-leally balaneeS str_ocPae_ ro erty owner could onjey to the fullcct 1 l.cre each individual T r 1,•xtent ro,;sible on his nvn property ei■ privacy and his individual I • I3 I I ?cry 494 ;at 620 I+note and desires without, in the course of- ouch enjoyment. fnfrinrtng upon the privacy; privilIPon mon acs!;_ of I - is ne�Ch_ torn, and visa verse. Consequently, in this Declaration an attempt tan been made to provide for the exercise of maximum f-et•don for hone activities vhich may be entageA in upon the individual traetr �.a lone as ouch activitien do not unduly infrinee upon the rights 1tf privacy and enjoyment of the neighbors and the coemun!ty; 11 W!!ERF.AS, Peclai•ant, 'through the action of its Board of directors, hap approved this Deed of Dedieation for the attached nlstn, and has directed the Prenident and Sacretnry of the cornora- Iltign to execute and acknowledge, Baal and deliver, thle insirur.ent I Ifor recordation arong the land records of rrederick _County, t'ireir.!a, and Hampshire C-)unty, West Virginia. NOW TIIEnr.F011r, WITIIESUMI: This Deed of Dedication for he attached plats in made subject to all of the following provi'sic:s of thin Declaration of Protective P.entrictione and Covenants, vIt!e1 roviatons shall be deemed to run with the land for the mutual Inrotection and benefit of all land owners, and shall aFply to en�:h 1 find every numbered tract shown on the attached plats, except where reserved as herein provided, to-vit! 1. SXCLUSIVr nrSIDE':ITIAL USE At1D II!P-R0V=!ZT!TS t A. ieoe tracts are restrtcted to residential use for ' 31nfle family, private dwellings or residences designed for occupan-:y !y one family on each tract. No 'structure or buildinr. of any hind, 3r conntrection of any sort, shall be placed or permitted upon a _Tact unlenD and until plana and description of same shall have tee i' ubmitted in duplicate tott and avpr;,cd in vritlnr by, the !:nviron- :entnl Control Committee I!,.reinefter called "Committee") as the RE.me is from time to tine conposed. , 8. ^xcert with the vrittar. consent of the Committee, no ot•ile none, moLile house, travel tra!lor,•!_otor hone, earroer cent or t.e:_po-ary :!vine quarters (incluaisg br_ser.en:s af icr.e" tc It on_.raT:ec'', _'tall 'oe pia'r.ri, r.stntatr.ra or oecup!ed oa r1•• ;rq, regi ] a, lcwevr_r, that so f--Trcnrl'_rd r.otn t r ticr.cII, nd t^r.t:. for cn-t!�,: my 1-c. un. c+ or 911 t^ne:.^, oxcert Tritictz I -^d "!; for perirda nTt e)tceed!nr acventy-tire (n.'') hours e.t ery at r and on "rneto Vo. 42 ani 43 for continuous per!ods, riot Gyre "_-. (]p) dn•vu at nny one time,, provided in bot` I�in.stnncea uch t-porary fac!litie3 are -kt leant seventy-five (75) feet fror. nenrea: nide tract I tn- and at lennt or -e hundred and fifty !1•" If'rrt frog the frnnt c•E+enent line, and are dlaer,-etly tereene•1 tI e I �t49elfY@7111T$SC.'�1�1n1L�7af�av0a�� �Isisw�.� ---.•— �\-------.. r 621 '..r) 494 ;'(( 621 ic1tner oy aLru:,tcry and trees or a combination of. such and art!!"I- �,e fal ecree))a co as to be reasonably oat-of-siCht of the roadvYL 1 ncible to occupants of adjacent tracts on which here.: Lave; en conctr•%)eted. This restriction does not prohlbit the parking of unoccupied self-propelled motor homes, or travel trailers or canper units in drJvevsys or parkInC areas adjacent to sir.(*le Imr-IJ. 400-!s provided such vehicles are reasonably out-of-oiCht from the rcadusyc and the occupants of adjacent tracts on which hones havt veep constructed. C. :fo tempotary ctrurture or other outbuildinC shall be )laced or crect,ed on any tract; provided. however, that the Cormitt:e :ny Crant permission for the construction of a permanent building 'or the storage of tools and equipment provided it is planned as a icrr_unent outbuilding of the residence when constructed, it is net a be used and is not used an a temporary residence, and the plena or and location of the permanent outbuilding are submitted to and ,prnved by the Committee. Also, the Coumittee may grant permicsi: or any temporary structure for storage of materials during con- trvc;ion. Vo nuc•h too-porary structure as may be approved shell :el zed at any time an a dwelling. 11. IftVIR01W .'ii^_AL CONTPOL CO':i:ITT!:L AND 9UILDEIG PLA:15 A. The pinna for any dwelling ar other building to be :o; ).trusted o: externally altered. on any tract, or for any other ,tructuru including fences, shall be approved in writing by the :nvironmant..l Control Committee prior to start of construction or .lterati on. 1. The Committee initially shall consist of at 1*ea three (3) members appointed by the Deelare.nt; and, after the Timbe- P.idge Farms Association (the property owners ensoeiation) Inas been activated, the members shall be appoint.:d b; that Association. P. Two (2) nets of all construction plana (to inc.! specifications for any structure plus interior ant ex, er! elcvmtiona, erterior r.lterlals, se=er selections for tie exterior. and landscaping plans) r•irt be presented to t'.% Con:aitter for urItten a"3�roval. These plans shall else Include.'a lot plat shoeing the location of the structure planned witb'n the property, including precise inrornatic ai to the set -back requirements. One set shall be return to the tract ovorr after approval and one set shall be retained by the Committee. H. The squat fcotage requirements for resldences ccn- trueted on the trectR cha.l be as follows. unless otherwise appror d in vritir.1, by the Committee: Tracts No. =.6 through hf': The Cround f.00r, V%Clusive of open porches, patios mnd Corager.. shall bt .rot leer ther. 1 ,20C nounre feet in the rise of a cine -story structure, nor less titan 1,0no snuare feet 1 In the -nae of a one r.nd one-half or tvo story atruetu)e; and in the cruse of a structure nore that. one etary the total livinn space shall he at least 1,50o se,unrn feet. !lanements. raraCen, ■torare areas, l,ntios r.nd porehea shell not be ineluded'in the total livfnc, armee. I d )22 15r. 494 o" G22 - C. Buildinfn may be of a contemporary period or rodern AeeiCn, count be of substantial construction, and may be of vood. loCr. btono, masonry pr composition, but must be finished or painted in such a manner as not to ietract from, nor r..ar, the natural beauty of the surroundings. All buildings shall contain e, substantial quantity of-nev materials and no used structures , stall he reloected or placed on any trnet; provided, however, that :n the conetructior. of vintnpe-type loll houses, the use of used .ors may bn incorporated into the construction plans. subject to Lho r_nproval of the Connittes. Ile dwe.11ingn shall be used for any ot!rer than uin�le-family residences. except on tracts otherwise de•sir.nated by the Deelarantq its successors or assigns. 'lo sinr_le- fneily residence shall ;xceed thirty-five feet in heitht as neasured -from the le -vest floor level (not the basement). unless nther•vise approved by the Cornitte:. D. Any structure erected or pinced on any tract shall The set back at least -seventy-five (75) feet from the front rand Ieanenent line, at lerist neventy-fire (75) feet from the rear tract 11ne, ant at least sixty (60) feet from each ride tract line.. -. ._ -finless the Committee allovs variances and adjusti-ents in order to overcome practical difficulties and orevent unneeesnary hard3%!ps. e The exterior of all buildinIts. and lftndseaeinr. rust e completed within nine (9) months after start of conctruetion or alteration; provided, however, that the Committee may approve an extension of time in appropriate cases. III. 11ODr.L OR EXHIBIT HOUOES A. 110 model or exhibit house shall be erected on any platted tract, nor shall the owner of any tract or his arent permit the uae of his residence or house as such, without the rior written approval of the Declarant, its.successcre nr assigns, IV. EURDIVISiON Or TRACTS A. He tract may be subdivided or easements granted ithout the written approval of the Declarant, its successors or noclenel provided. hovever, that the Declarant re+terves the rir.ht to rn-subdivide any of its unsold lands in the subdivision. If two or more sd,leininC traeto are acquired by the acne owner. no art or carts of said tracts shall be conveyed by meld o•rner unles ash tract being conveyed and each tract being retained is in ,;con!.linnce v th all of these restrictions and covenants. V. gT!tr.ETS, ROADWAYS A11D FASE!!ERTS A. The streets and roadways shown on the attached plate Imre not publicly owned within the menning of Seetlon 15.1-479 of ticCade o.^ 1'lrrin1n, 1^50 es amended, nor are they publicly nsin- I�r:nc,l. ^urther, the recreational camerents shown are not !cdicnLed as street-, or roadways. and the crcnt!on of sa!a easement !ocs rat oblir•a•_e the brnntcr to construct. ir.prove, r_a!ntain or epatr said , .::enents for any purpose whatsoever. They are not for 't`e use or the public, but only for the use. en3cynent. ane bene.!t. IIt nil the tract ounern for recreational purposes, such as hih!n, nd horsebnch rldinf; prov'ded, however, that the Grantor reserves ' c rir'i: to ex -:end roaavnv; on such easements should in Sts Lolc f7 1 Oe. 49.1 ;err 623 IIn*rll mine. Further, the Grantor, its curs^.lepra c.r I •,•.n,rnn rener•ver. the rtf;ht for itar..)r and the Sir.ber !,I Ere rarr..e M1a:10cie.tion to enter into nereen•cnts uith other rocrrnt!onrl cut- rlivinlonu anti clubs for the mutual er.chanr.c of riChto ar,d privill,- � !.c tr•e easer.ente and recreational facilities and e,nersities. D. I;rnntor reserves unto itcelf, its successors or ncnf�nn, n perpetual, alienable, releasable slid nseignable canene ' 113v:r•, ar.roas, upo:t and under each tract for the erection„ nainten- Ynce, inr.tnl].atfon anti one or public utilities and dralnal•c for =.ensue vatera vherr necresary to maintain proper drainer* fcr the ,ratcctlon and appearance of property and the safety and health Z.' It'te property owners , renr_rving to Grantor, its successorc or acair r , the hole richt to convey the rights hereby reserved. C. For the benefit and enjoyment of all tract owner: and the Timber iZre Tnr•ms Aneaciation, Gruntor reserves unto itsc'_', itc succe•tsors or assir;nn, an easement for horeebecl: ridinr.,, hi..ir,^, Jocl;inE, bicycling, etc., on and over the old logging roads and h!l�- luC. and riding paths and trails as cleared and established on each tract; provided, however, that upon the erection of it residence upc n tract. such easement shall terminate for that tract unless exten-- ed, fcr all or part of the roads and paths, by written arreenent `_-_••- tween the tract owner and the Association. ho motor vehicle of an. -- kind w1itnoever shall be p.rrmitted upon these easements except thane it of the tract owner, and those of &he Declarant and its mCents Surirr_ the development and nnrketing stages of the project; provided, hoti ever, that any vehicular traffic requires by the provisions of Sub r,ar:cra}h "It" above relating to public utilities and drainaCe sha11� Iltakprecedence over this Subparagraph. VI. THE TIllBER RIDGE FARM ASSOCIATI011 (TEE PROPERTY ON'IEPS ASSOCIATION) A. 1'eh1hership in the Timber P.idge Farms Association in mandatory for all persons or entities owning property in the subdivision, an4 for all persons holding valid real estate purchnsi :ontract■ for the acquisition of a tract In the subdivision, and ro such person or entity shall acquire title until they have been ipproved .for membership in the Timber Ridge Farms Association by :he Grantor, its successors or assigns, or by the Association; nor shall the owner of a tract or tracts in the subdivision convey ;itle to said tract or tracts to any person or entity who has not teen approved in writing for membership in the Timber PidEe Farms Isaocistion. All surh members are obligated to pay the dues and ssseennents levied upon each tract owner by the Association to lefray the cost of maintenance of roads and recreational facilitiet ,nd amenities used and maintained by the Amsoeiation. D.• The .Association shall be responsible for the nainten once, repair and upkeep of the roadways, streets, parks, recreatio - ttl cacements, etc., within the Subdtvision and the appurtenant dr•ninare ensersent■ reserved by Doelarant. The Association si.all nlco he the neans for the promulgation and enforcement of al.L regulutlons necrseary to the Governing of the use and enjoyment of ouch rondw-y a. streets, recreational easements and such other properties within the Subdivision as it may from time to tine own. C. The Asaneiation shall have sl: the powers that are ^et out in Ito Articles or Incorporation, as approved by the State .orporat!cn Connicnion of Virginia, and all other Foyers that brJ Ito it t,y operation or lav, including but not limited to the power to levy ngainat every mrnber of the Associr,tion a uniform annual I Ilchnr•--� Trr cinF_e-faasily residential tract within the Subdivlr.ion. j the anount of chid charge to be determined by the poard or ''ireete.: or the;.cro.intitn niter consideration of current maintenance need I:,n^ ru. ure nerJ!, n -rd re rulrements of. the Association, for the purer s_e ect forth in its Articles of Ineorporatirnt; provided. h.. II I:v^r, that no c•.tch chns-re shall ever be nude arainst, or be, pay. -,.1 ..^raoclnt!on itself, the Developer, or any corporation or II , 17crf•nrnti r -,] th•.t nny be ert sted to acquire title to, and eperate,l ;th•! onrntttca or other proprrtler. on behalf of thu Asscc!ation. I s I i ,nr: 494 ;l« 624 tract Iot,nc.• 'Jccope :c•1 r.q•,ent :n t!:'! �r^y t.rertt of dues or n:scasr.c •nto to the .•zucc!at1on t%at r.re •.P_ntcn::r.ce a of rods and '•e=rentio:tal '_i -lee nna ^^cr.lt! fire . sttc!, ou�cr she'] `•= Cnr.!et! tlr^ use of said reereationnl fa -"i:.-= and nacnitics until such tir_e ae the delinquency has Leen c^reser proviC-1 however, that acid tract ovne� :hall at all ti-isave the right to access over the private rondo in the !!uhdivisicn to and fron his property*by the netrest route. Such delinquent dues ' shall beer interest from the date of delinquency at datethe rate of de:inqucnc;.', Seven (7) percent per annum and sham11, p on the constitute a lien on each tre.et to which the delinquency pertains, the raid lien to cover the principal nnount of thu delinquent char ' interest and reasonable nttorney,s fees incurred in the co:'_cc:!cn th-rcof. rvery such lien may be enforced by equitable foreclos'tre ouit: filed in the -Circuit Court of Frederick Count.. 7irpinin. -mow t.ino within three (3) year after•the date of the delinquenry. .. remedy of i'oreclooure is non-exclusive and the Association reserve: all other remedies provided by law for the collection of the names ?elinquencies. The Associntion has the rirltt to publish the of delingncnt nemoers in Ruch a manner as it may 1 P The vritten dated statement of the Association that no delir.quer.c;• exists hereunder as of said date shall be conclusive evidence hereof. VII. SALE OF -TRACT BY O IER - •- A. 1:'henever the owner of an,, tract in the Subdivision independently decides to sell said tract, or should the owner rece!y, R bona-fide offer from a prospective purchaser which is nceeptt:ble, said owner ehn].1 (lf first offer to fe(2)snextaidttoctherat toownertheovnrnf ofethe the tract on the right of said tract. rnct on the left of said tract. and (3) finally to the Declarnnt. its euccessorn or as 91r.na. Oaid offerinFe shnil be made •tuceeesive 1y, and each of said offerees shall have ten (10) days from the date of tho mailing or the offer in which to accept or refuse said ffer. said offers •:o sell, as outlined above. shall contain the rce and Lerma contained in the Lona -fide offer which are acceot- �ble to the ovnor of the tract. The offers to sell shall be in -tC and rent to the lent ltnovn addressed of said ovners no el:ot ritit. n the tax records of FredericY County, and finally to the Declaren its successors or.aasiens. If all said offerees refuse to purchase iRid tract at the price and 'on the terms proposed by said owt,er, ach owner ■hall be free to sell said tract to t!,e party who chtl! 'lave ma do said bona -fide offer. or (if said owner shall have inre- thendently decided to put said trh6t on the market) to any third rty. in either case ata price and on terns not substantially IF -re favorable to the purchaser thein those offered, as nforesai,l. I.o said ovner's.neithbors and to the Declarant, it.s successors cr tsell:r.s. ^.hc "tract oh :he right", for purposes of this nrtrnrrr.v—` �-hnll be the next tract on the right ns one faces his own treed; •trovidcd, however, that the Deelnrnnt and its sucetonnrs or a^'!r"' be es not fron all or the nrovisiuna of tl:ia nwrnrrtrh ne tr ::tial conteynncca, re-ncquiei.iuna end re-convcy!tnees of nn v P"! tracts. ^urther, if the o+rner or ct•nrrn of say tract be!nr told or eontcl'ed shell incorn^rate in the reed of cenvevance. or jttnch to the treed of eonvevnnee to ba reeordwd thcrct•i'.h. e� -j'f!•lnv:t under nnth that the ^rovloinns of this nnrarrnn!• 'I-v" :^n �nrrc+1'.rd vtth t+,v r•+ir nvner rr owners rnYinr the rr•rre}••+•+r^, +Its•) •'qt acne er t`+e nnr.ie7 hnvinr n rirttt n• fir.. rerurt. i vc ^d t•trir richt tr nurehnne thr nronert•• Hoch n'r:r-.v!: . ••rr!r • ' �.r0 '•req i+-r�••r.- q •-rn cl+t •tl yr nrenv^n`1cn that t`t1a ^melees.^h r.r rttrr4d%n^r,. -ur cr. ,•. ... .l+rr+ •r!•'• -nd en•r ^urc'rnrrr I••.1 _`r r^y rel)• a^nn ^rid nffl I�.t•It rr.A rhr.lJ wr rnllti ^r^trc=e? I r IB4Id...ia�n <<5, 494 ;ars G25 In r^1 Snr ui•nn•snir Ar't•'rvIt, ss to cor.nllanc^ r'ith this r,ra- r Irranh; and :hc tit.le to any tract so conveyed shall be valid r'an ,crprtutt� and immune Fran the ob',tction or attack `_t an? p^ I:+i, At r, o V C us to ccnp;innce _stir t.:'1i3 pnrarra. viii. ..":•I�':_I:.. "., ,.:� .'_. "F .?.AC:'. ::o comnerci-Ll or enterzrises s`.al: I:c allowed onI nr.J p lnttc„ recidentiul :raet, other :`,nn a -is, ern':: -jr profeauieno c,pera ed or conductor! solely b:: 'nrl::! r.c-beta ,ccuiyinr :t,c residence, ar%r n0 heavy clluinrent or :'e ic: ur.ed in inductrY or for ccmnercial kt'!"Sties alrnll De re,.ulerly port:cd :3- otnred on any tract. p, !lo vehicle ■`:ail be regularly parked on any street or ror,rl:ny in t!te ^uhdi �isic�. -ash :gnat onc�roo,rhia all Cronertytfor,l inintain suitable andl ado unto par%!nf op aehis.� ow.ne true] : I•he parl:inf of 1110 vehicl:a and t.roee nndhsl3is runoccupied can?Sn� �lar�er than three-que.rters (3/1-) t -:n• units ccu?i d the drive :railern, "motor honed, and nobile canpinr p r.•at tai er nnr::ink areae ed�acent to the rezidence, rust be re.nnonably out of oiCht or the occupants of residences +`.seri have ^sen coastructed on nd,jncent tracts and the users of the streets and road•rnys, except those vehicles used rlurinF :he actual period ,f construction. :lo st.rippei dn::n. partially :-tacker, inooetnLle ,r dunk motor vehicles or parto thereof shell conseeutiv,,lytonbeny anted or placed for more than seven (T) Y rtr-et or roadrfay, or on any tract. r Carbare oust ba Lept in covered metal az' plastic containero', end trash slra:l be kept in rigid r_et►1 or plastic con- areers, and no pinerceot duringeperiodsnot ofecollection, andfrom allany Of treat or tont-vay, P the ru)es tdispoced of in accordance with county ordinances and v lothespoleus,sclof' the 11-3ber thes lines anddsinllarre aequipment,onnd every .or thestorof fuel installed outside any buildint (ir,nnt ,uried bel.ov the surface of the ground), ohall be ep^ropriately crecned by ohr.rbbery or othervies so as not to be visible from m y street Lr roadvay or by the occupents of residences on adJacent rar'te • D. All tract., whether occupied or not, sad any mproverrunt.r• tl:_rcon, ahall at al] Linc: Le tasntainct 13 "1101 n unnner as to prevent :heir beco=ink unsir.htly by reaoon of ..nttractive rrovth of ve„etation an such tracts or the accu�ula- loof rubb!.sh or debris :hereon. should anf •.rust o•:ner rail to J.eintain :he tnprover..entn or prensses situated on the tract in a ” anner ,�onsintent vith t`rese restrictions, the ^_Saber id[e Ferns t5e scthority, through its cnr=oy'ees and/or ,; cnts , to enter unon tie pre=tees ind re�nir, o' f tt`re :he ssad restore 'tic n.hol,cr-ty and ir;,rovenen:c to te exterior rueturce ,,5so^iation ahnll have :nd ot%cr ir7rove ents the -con. Any such repair and -ain:entnte shall be ndded to 3:rd hecore a part o: tare trinual shams :o �r.ierr each trnet in su1•.lect. d1•cil'-r !,ouseo RnJ arpreved outt•ji:dinrr., v4rn �'^c,uircd, shall br. connected to taeir ocn a;^roved cater r.upaly ;Ind re; -1: cpoters. 'rare 0110;1 be no ovthousea 'cr such purposcd. i� ii f i ..'.rr 49.4 tlIr ±;l1ntthe vrlttln ree ranourinr nix inches nr r0re in .'Inmeter nnv be cut nr rnpovr.d ..•lthnut en*rose_ of the 0 1v ". �.� n c•Pnt rr,a rornl t.t!e, unlcos ]ncateA wit.• nvir.•nncnLnl f .e nt, ' yin d,rellin! or nee• • ^-ry ,•n r nr o v c•± tie r.• •,wrr! SSlr,n •!:' Bret t. :..r tree rnv hr rer,oved a/1Lho,�t �7V .,•ryer. d!r'r` wrcnt�to tl:c hr.n'_th. safely or fare of III or 1 f o •• y�• 4aSnr, ehcrn, routs. enttic or other dor.`.1 , or t;, e.nd not more then taco a11d nnlnalh exeent fnvl• I:eptcor r.nlnt+Inec! nn any :rnc:. ^41s Inds or enttic• :hs.11 lr•e I_r.tr`-tir.•I ahnl.l not ,!'p1Y to doro• eats or ether nr.sll tercot!c �rc islet Znd unoftensi^i• lanlnnl:r that ore householc'to•nllndoRnfandgcaLo that nre . rni=Led np?ly .,r . fit . innture; but it does of such an n buoSness or l h a. .., run free, to t:nc breeding and to the keevinr of such on n eonclereinl basals. Fowl•in ernreo. I•,onico, end cattle- Lent on any tract must be contained e barrio, buildings, roops. Penn. etc „ which hove been snecificnlly �onea and roved by the L'n•rironrentnI Control f`onmiLtee for !hit r`urothe' Ilncludinr, exterior color and location on tracT�itLedreneif ndlnccntr cncil!tiea for enttic and feflth�lltreetsnot eanA roadways . Ito or to the near vicinity N. All fences and outbuildings such as rarat•eo• barns. eorrnls, rSd1nC r1r.Cs, pens, coons, etc., incluother liarron mnterialsl. ter'. or color, length, width, heiC•ht ^^d °nuot benenorovednIt ��,,)teacrve ecifiestlnns, ane. location on the tenet, in order to by the �nvironr..ental Control Conmlttee.iling earan.e and natual quality ofthe !+u>+div'_slon: end he app rondvay or reereaLlonnl o fcnee s!rall l:e erected on or acroao 'any �nserent on oyy ?,lotted tract. 1, +10 motor•vehicles of any Y.ind. licensees or unlieense including motor b1has, snow—rsobiles. , e�lstr.rr.r1 or unreginterednhnll be vermitted in any areas marked rid nil.—terrain vehicles. for pedestrian. esquestrinn or other suchuBe of eareas1hnve 1,een1lt es, t on the rccrentionnl eaaenento, by •cinber I;neciflcnlly desierrated and authorized lffotoror ubil:esch eshyllhnot be 'icire Faros Association• Facrthernore. without the iced ft+r recrentionYl purposes on any *lot' -ed tract, ,secifie, written perr.sssion of the Assoc=atIon' Pince treils for and ;aornebnck riding tire generally adlncent to end onrsliel o :ilc Hain �radr.d streets and roadwaysmotor b± , Y.rs uslnr the A -Lrrr.t.s and rondwnys Host be lieensed by the gtnte erg sh�la_ -r.,].. roe t. rr.nsj•ort%tlon between the o`+ner�s :reef th_ yr. ucc�1 0 :ly 1cir. entrnneen. permitted whatsoever shell be P t one 11 J, 11a sign of any nctuby the owner or atrent. ex=ep �1n anyplatted residential tract. by In hei,:ht and forge ^"-1 J.u:ne si;',i not excer.dlnl eirht ) nclvertlainr the tract for s11e not 'aches in lr :'•- sort cue sign f,,ct I• �I.e. except a'!th th(I feet by three ) sora r.r nss_gnc. n cr.cc�•J :a'° (• Sts ouccx::• I� r±• : •. I T+crr: salon o: the '?cclr_rnr,t , ^^ ,• r! flies cl:ntrunr, hnn7r,cna er other ,ire?, .vjt!Tn rr .., ,.?acre In :hc ^n.. ._ use'• nn" , i.,r•r L./�c �':r.11 'ce �cfr!ttc,l to '„cel ll cally .les!rn^tet °r o�cc „f ! n nr •ase rL ;.-recd Znur.: s• r.o r its nuc -sees or nasir t-cinrnnIr 6z7 f.f �1gq 627 fires r.hnll be permitt^.d nn an;/ 7Ari of n�;' u)nttC' tract, except in autdonr fl re nlncts And ine]nerators rquiF,ed �Itlr fire ecrrena, cxcc�t viLh the written nnrrrnval of tilt_- 71cclnrant, 1tc 3liceeguors t orf lreir.ris, Allafirend platen Ieast -' tb! duell1nCs riurt be equlPPcd lnu3chold c!ccricsl-Lyn^ fire extinCuishcr urst be oees andrforathe availal le in 2nc)r awelllnr for er.erCenc.Y p P liraentire £ubdiVi�fon. nrotectlon of the :'o oil or natural Can drillinr., refininr;, quarry'--r.r. or uininr; a)icrationn of any hind shall be Permitted upon or vi,.hir. the boundaries of Anyplatted tract, and no derrick or ot5�r structure riesic;nod for one in boring for .1ilnatural tract6withinar shall be erected, nnintained or permitted on nny Platted the qu'oAiv1cion .' :1. :7o noxious or offensive Activlt3e9 uhnl1 be cad to be ried r shall ton on Py ie donenontanyttractethattslnll be orrbecomenondounreanonable Anything annoyance or nuisance to the neiChborhood. I;;. 1RESTRICTI0:7R AND COV".A::T.i - 110DIFICA':IO11, E:1FCPCF."i :I A. The Rentrictionn and Covenants herein contained ;hill run with and bind the land and each is enforceable by the• )eclenrnt, its successors or assifno in title, including the be. >f any platted tract in the subdivision and the T1.nber Ridr;e fnrr_s many ►tlat In Lire event of a violation or breach of any of thee owner or stent, the owners of tracts -estrictions by any property in the Subdivision, or any of then Jointly or severally, shall leve the right to proceed at lair or in equity to P ,liance vith the terms hereof or to prevent the violation or breac. �f such terms In say event. Ingaddition, 5eclarant and/or the 'inber Ridge Farms Association shall have the riflit, whenever t:cerr, shall have been built on any tract any structure which is in violation of these reatrie',ions, to enter upon the property where such violation-xists, and summarily &bate or remove the sane at the of the owner, if after ten (10) days vritten notice :Pf such violation, it shall not have been corrected by the owner. tiny such entry nnA abstewent or removal shall not be deemed g Trespass. 71. Tn a failure to enforc- eny right, restriction, reservation or condition contained in this Declaration of Protective restrictions ane, Covenants, however long continued, shall .lot be neecred a vaiver of the ri(;hts to do no hereafter, as to thn same breach or as to a breach oceurinC prior. or suboegjent thereto, and ohnll not bar -)r Affect its enforcement. rur:her, nct)rinr ircr,.icr is to be construed so an to prevent the Declarant fron aiacing further ieotrictions 3r casements on any tract in the Sul•division on v),tch s valid sales contract has not lie -n executed. C. ,Y.e Grantee of c.nN- tract nubject to the coverage t:r Lille Dcclsration, 'by acceptance of a deed conveying title thereto, or the execution of a contract for the purchase'tcercof, whether fr•:-r leclarrcni, or a nubaequ-- nt o•nen a or such tract, dedor or.trnc t,elfor hir.r.clr -nd his nccce,cors or nceir n, P u•.c❑ rad caSJcc: to each and all of there hectrieti�,nn and the i�r^enentr. 'rrrein contained. awl �rA�vl1®�u�onv.w..�n-••-��._. 1 l 9Grw 494 =,« 628 �^-nv'-ror.rent n! -ntro1 --_tcc r.'i;- 'r: - nt!e rnr! -ince& en! %dlu:itr^nts of thenc •Zt:f"._ rl nvcrcor! rrn-t'_cr .l dlfflcult lell ;. and to rever t wlr.eccnr•--- !Ps in tt:c t.+nllcnt!on of the nrov!s!nnt cor.tein^a ` -4-: I :+rovierr!,..a-Ur-.... , ovcrcr, tint suc`. !s done Sn confofeit� v!th tI� 1_:er and rrovi!ec! plan t`r.t, in every '_r.••c'r e' -- ; e 1e f -._ t'•�1 n^t 1'e rater!., -IV dotr!r_ tn- Cr I r. r'•� ,. . �. a .:1�1u:iovs to other prcl,er•_, cr Sc.vrov^�r::ts In _..- ... I r on. t r.eclarent, its scecc »or•_ er ersirns, r_serven _:r I rIrht &lone to Waive any one •or all of thTse rest r'^et!ons�" I rnditicr.e, r- scry-tticns end r^+tr!ct'%e cove^- pts ! to -..y c•r sr'_e of any tract. or tracts, and !-: further retervts the ..^.- r.?one to Ir^roee additional restriet!or.s, cor.dItior-e, res ervst_�-:_ I In? rretrictive covenants at s to the use or snle of r•rctt %'h 7-• n. - oVns 1-17 of thr. dnte'of such imnosit!on. Suelr ir_ooaitien s` a �,pct the `1nd!nr effe-tn of thrnr rrovir'cr.e ^c- erg• cit --r I - I j F, ^he Festrictions nnJ Covenants here'_r. ^ontnln �:•'-n11_ not 'innn_e any restraint on any portion. of 2!t- ncv r Isar-n!'ter neaulred by the Dec! anent, its cutersnor_ or nao!--� IIlr. t!tie, rhetl s�eh lend be to1r.!nf., edlecert ^r other Irelated ir- ar.y nsnr.er to Declarant, its euccossor= or nsolE.-j !to `_ire property herein dedicated and platted. 0, 'rhis Declaration of Protective Restriction" and Covenants ray be amended or modified after June 3^. 19Al, by t`te Iforr-al approval of at leect tvo-thirds of the :epee rvners in tl.e ?ubdivin!on, and then shrill be erre-tive onl;! When nrnperl}•ron.-ri- ed •pith the C1er!. of the Circuit Court of Frederick County In .:inchester. Virginia, and the Clark of the Court or !!ar..nah!re County in n.onncy, :•'eat Virginia; provided, however. that the. Declarant, Sts successors or assiCns'. as ^ee'_arant and prourleter, reserve the richt to edi to, subtract from mad char.fe these ,r,!strl,tlone nt any t'_mc Sn other subdivision of its renair.ir.0 lr_^ds or after-acn•iired lands. ;:, The inrnlidation by any court •of any restrict!or-s �contelnei in th1-9 neclmration of Protective °estriet!or.s ant ^ovcnnn a shall in no Way affect any of the othn_r res er!"_tier.&, !,ut t`.rcy shtil renr_in In full force end e.efect. X. CA1—T0!19 A. The captions preceding the various parntrnnhs and :utnerwfranhe of thio ner,laration are for convenience of reference only, nn3 none o' then shall be used as an aid to the constrvctiorl of any p;ovisfon of the neclarcti^n. Vherever and vheaever , tpplicnl_'1e, the s!ngulnr form_ of any Word shell t.t tnY_en to Been sT''!S' tc t.' a nigra'_, znd tiro r.nscul!ne fora shall Ire tr.>'en to, i -an cr 1:nrly tT the fer.!r.!r.e cr to the neuter. the !c,IloWlnr, signatures and Beals °•�I r.�li1�.,1.. -4 In TIMArP P.IPG`_• FARM'; OF Vl!'GrNlk. '_S'= •� P� . �'f ..y.1 �.1* fes•' i^• ir�a="�__ I, I Inatr�Y�IGWIri[ O�l�t1F;t0i�i®��a� �,'�~' ��9� •e�••w 62r; I 5av 494 wi C219 � I iithe a Notary ruL1% _.n:State dtt3nfcreael3, do h^_rebr cern'. •.."; Harold ::osa and�_[i�4i.w t'hoce names n -e e! o :he ForeEoinr reed of medication bearinE date of tl.e _� I t lany or 1971f, ne President and Secretary of •Il.ir..bcr Fidfe Farms of t'lrginia, Inc.. respectively, nn^ I I � Icesi o:,aaid corporation duly affixed hereto, have thi.. a; rereu,R/�.11y Not aryPuh:i= (SEAL) I I I i I I 1���■v.--�- ) —.lullill say: 494 'act 630 S�C'T/off fG�l�,� crcx�rr�e C -.C' .✓! 1r�y!l no�Xi-,.l-.w .✓If��;,,l../,tts�cl, .�s��SY�ry .a�•rice•.ls .. rYfc.if� ./.w�T .lv�•i7�vwi T.•.+/d�/-L.l�Ws�Glp�•�•✓ � ��rwC � �..✓..+•Crl�� mor ,,,s A .rdC t!l.�TN NAC �y(}' /•l//I�f�-T^/� '�•f� mow. i •C! .�4Gc•/.r! LA�l�4KR'Y,�:S oi^ Ld0 L•Ii.cvlwir•.O wfiYY/Y J/�:'f .ih•7 L!/Gr�tr srr .nwv ar -zY•� n•"Sr.GY �Y r L/•��'r c�-w.l• i,�r�+wl, of nv� ritC..+s•-• �-!/,+..r7..rr'rr �� .✓ipiG✓A�'s I�. 7 E .-Sl�r•I��f-�r.�l�7T .�.re•.,.-« �(!.e•.r .I ivie »NG'.�4V//�'/Y �f r'�•, w�r.�..ice ay -.-•c car ,..s.Ct�r-✓.iit' ..w:frlcrce �rrrt-'r�' �,.. �-.w�.-sem rr .s.c^ .� �roirc.r.�...a s ..� s»•C �.v'r �r",d'.�r � �a!y .art•�*cr�`v'�,�y-'sri-.-�ie.v,as = n� sar�..:s.-- c -^- _ A iY L J.w4'CC ����+ 7"aT srlr.eYTJ �• rr'! .!•+/�' c rs f. 7a �'� � S .W =r llY ci�C�•�7' rMw, r.I� �iP7 J'4.tir•' I•Lr-rF r f ,...f �'r�r �� � �. � 11 (� �`. .iwi r.✓�' 1 .... •crr+res i•v�.���� p/•s r...rry.�•cr�.i..c ✓ �• per,, . I' 1Rt ,r, -,ice rw �+✓ n.f..ivl+ c•..-i.r< ,.s✓ •i✓�c.r ,r..r�..r 1•� pP SIL E f.1. Af.1 14 � l,.s�r� ,,,r',�it;'ot' — c'A,fO /Yrf.✓�'ir.� •: ! �.V 11 ti1'ILJ 1:� � ~ iS�!-C 'J l_.wY-•Gt1:' /%�li'�%�-( ' -!'',. 6". n.•7 -F :� c'� yam:-�:.�r; -,v.', r . i Sc• li..r -ice....' r. �, •'...��e' rim -r.' ;w. c,.,� .. �r .:' �:. e, r,. � ` t -.ter- J f +� f! • �, .lam c', • 1. A- n.•7 -F :� c'� yam:-�:.�r; -,v.', r . i Sc• li..r -ice....' r. �, •'...��e' rim -r.' 632 tD Revised 1/11192; Authorized by Court Order 8/12/97 Page I of 8 BYLAWS TIMBER RIDGE FARMS ASSOCIATION, INC. ARTICLE I The name of this Association shall be Timber Ridge Farms Association, Inc., herein called the `Association.' ARTICLE II The principle office of the Association shall be the residence of the current Association President. The mailing address of the Association shall be P.O. Box 301, Cross Junction, Virginia, 22625. ARTICLE III MEMBERSHIP A. Every person or entity who is or becomes a record owner of a fee or undivided fee interest in any lot which is subject to the Deeds of Dedication of Timber Ridge Farms Subdivision, as amended, shall be a member of the Association and by the acceptance of their deeds, agrees and does hereby become a member. B. Ownership of more than one lot shall entitle the owner to all the rights and privileges of membership and shall subject such owner to all the liabilities and duties attendant upon ownership of each lot separately, including the payment of assessments or dues, provided however, that the Association may issue a single certificate or other evidence of membership relating to all lots owned by a member, and provided further that the owner of more than one lot shall be considered a single member. C. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation, nor trustees under any instrument securing such an obligation. A lot shall not have more than one membership, but the single membership shall be shared by all owners of the lot. Membership shall be appurtenant to and may not be separated from ownership of any lot which is subject to said Deeds of Dedication. D. Members shall be entitled to use and enjoy all common properties and facilities as provided in the Deeds of Dedication of Timber Ridge Farms Subdivision. Such rights and privileges may also be exercised by member's family. In addition, members shall be entitled to have guests periodically provided for by the Association. Tenants renting from members shall be entitled to use the common properties and facilities. E. The use and enjoyment of such common properties and facilities other than the privilege of using roads within the subdivision to get to and from the member's property may be suspended for failure to pay all dues and assessments or upon violation of any rules and regulations adopted by the Association which, in the discretion of the Board of Directors of the Association, warrant such action. Printed 4/28/2005 Revised 1111192; Authorized by Court Order 8112197 Page 2 o. f8 F. A member shall have no vested right, interest or privilege of, in or to the assets, functions, affairs or franchises of the Association, or any right, interest or privilege which may be transferable or inheritable or which shall continue after his membership ceases or while he is not in good standing. G. Each member shall be entitled to a certificate or card of membership certifying to his membership, which shall be signed by the President of the Association. Such certificate shall be subject to the bylaws then made and which thereafter be made and such bylaws shall be considered as, and shall be, an essential part of the contract between the Association and the member holding such certificate. No membership or certificate of membership may be sold, assigned or transferred, voluntarily or by will or by operation of law. H. Membership shall automatically terminate upon the sale or conveyance of one's ownership interest. The person whose membership interest is terminated will no longer be permitted to vote and hold office as a director or officer. ARTICLE IV VOTING Members shall be those lot owners within Timber Ridge Farms with the exception of Timber Ridge Farms of Virginia, Inc., its successors or assigns. Members shall be entitled to one vote for each lot in which they hold an interest. When more than one person holds such an interest in any lot, the vote for such lot shall be exercised as they, among themselves determine, but in no event shall more than one vote be cast with respect to any such lot. ARTICLE V ASSESSMENTS A. Annual Assessment. The annual assessment shall be as set by the Board of Directors from time to time, which said fee shall be used for maintenance of roads within the subdivision and the other common areas and any insurance required thereon and for doing other things necessary and desirable in the opinion of the Board of Directors to keep the property neat and in good order and which might be of general benefit to the owners and occupants of land included in the subdivision, all of which is referred to in the Deeds of Dedication of Timber Ridge Farms Subdivision. 1. The annual assessment shall be due and payable at the principal office of the Association or such other place as designated by the Board of Directors on or before January 31 of each year. 2. One (1) assessment shall be made for each lot owned by a member within the subdivision except that no fee shall be assessed against lots owned by Timber Ridge Farms of Virginia, Inc., its successors and assigns. 3. The annual assessment may be adjusted or reduced from year to year by the Board of Directors as the needs of the property, in its judgment, may require. 2 Printed 4/28/2005 Revised 1/11/92; Authorized by Court Order 8112/97 Page 3 of 8 B. Upon demand, the Association shall furnish to any owner or mortgagee or person interested a certificate showing the unpaid assessments against any lot or lots. The Association may, in its discretion, subordinate in writing, for limited periods of time, the liens of the Association against any lot or lots for the benefit or better security of a mortgagee. ARTICLE VI MEMBERSHIP MEETINGS A. Annual Meeting. There shall be an annual meeting of the Association in September of each year unless otherwise ordered by the Board of Directors, for election of officers, receiving the reports and the transactions of other business. Notice of such meetings, issued by the secretary, shall be mailed to the last recorded address of each member at least thirty (30) days before the time appointed for the meeting. B. Special Meetings. Special meetings of the Association and its membership may be held at any time upon call after a resolution by the majority of the Board of Directors to do so or upon call of the president. Notice shall be given as with annual meetings and any business may be transacted that could be transacted at an annual meeting. C. Quorum. At any meeting of the members, a quorum shall consist of members representing a majority of the votes entitled to be cast by members either in person or by proxy, and a majority and amount of each quorum shall decide any question that may come before the meeting. D. Proxies. Every person entitled to vote in a meeting of the membership, regular or special, may appear, vote and exercise any other rights pertinent to his or her membership either in person or by duly authorized agent or agents appointed by a proxy duly executed and filed with the secretary of the Association. The Board of Directors shall establish procedures and rules for the use of proxies and notify members thereof at least thirty (30) days before the time appointed for the meeting. ARTICLE VII BOARD OF DIRECTORS A. Board of Directors. The Board of Directors shall be responsible for the administration of the Association and for the election of officers. B. Members. Any member of the Association whose dues and assessments are paid on the date of an election shall be eligible to be elected to the Board of Directors. The Board of Directors shall contain seven (7) members. C. Election. The incumbent Board of Directors will receive nominations for the office of director at any time before the voting has commenced at an annual meeting or special meeting. To be nominated to the Board of Directors, a member must be proposed in writing. Votes for Printed 4/28/2005 Revised 1/11/92; Authorized by Court Order 8/12/97 Page 4 of 8 director shall be cast at the annual meeting or at a special meeting. The candidate elected shall be elected by a plurality of votes cast. D. Terms. Directors shall hold office for a period of two (2) years except that three directors elected at the first meeting of the Association shall serve an initial term of one (1) year. The Board of Directors shall designate those directors whose terms are initially for one year. Directors shall be eligible for reelection provided that they meet eligibility requirements contained in these bylaws. A term shall commence upon election and expire upon the election of the successor. E. Meetings. Regular meetings of the Board of Directors will be held every three (3) months at the call of the president. Special meetings of the Board of Directors may be called at any time and place designated and notice thereof given at least ten (10) days in advance by the secretary. F. Quorum. A majority of the number of directors fixed by the bylaws of this Association shall constitute a quorum at any duly called meeting and a majority vote of those members present shall be required to conduct business before any such meeting. G. Absence of Members. The Board of Directors may, following the absence of a board member for three (3) consecutive meetings, which absence has not been explained satisfactorily to a majority of the members of the board then present, remove such director from office and appoint a director to fill the unexpired term. H. Election of Officers. The Board of Directors shall elect those officers as set forth in these bylaws and shall fill those vacancies in office as from time to time is required by resignation, death, and termination of membership interest. The election of the Association officers shall take place annually at the first Board of Directors meeting following the regular annual membership meeting. ARTICLE VIII POWERS AND DUTIES OF DIRECTORS A. The business and affairs of the Association shall be managed by its Board of Directors. The Directors shall in all cases act as a Board, and they may adopt such rules and regulations for the conduct of their meetings and the management of the Association as they deem proper, consistent with these bylaws and the laws of the State of Virginia. B. The Board of Directors shall have power: 1. To call special meetings of the members whenever it deems necessary and it shall call a meeting at any time upon written request of twenty percent (20%) of the voting membership. 2. To appoint and remove at pleasure all officers, agents and employees of the Association, prescribe their duties, fix the compensation and require them such security or fidelity bond as it may deem expedient. Nothing contained in these bylaws shall be 4 Printed 4/28/2005 Revised 1/11/92; Authorized by Court Order 8/12/97 Page S of 8 construed to prohibit the employment of any member, officer or director of the Association in any capacity whatsoever. 3. To establish, levy and assess, and collect the assessments or charges referred to in Article V. 4. To adopt and publish rules and regulations governing the use of common properties and facilities and the personal conduct of the members and their guests thereon. 5. To exercise for the Association all powers, duties and authority vested in or delegated to this Association, except those reserved to the meeting or to the members in the covenants. C. It shall be the duty of the Board of Directors: 1. To cause to be kept a complete record of all of its acts and corporate affairs and to present a statement thereof to the members at the annual meeting of the members or at any special meeting when such is requested in writing by twenty percent (20%) of the voting membership, as provided in Article VIII, B1. 2. To supervise all officers, agents and employees of this Association and to see that their duties are properly performed. 3. To fix the amount of the assessment against each lot for each assessment period at least thirty (30) days in advance of such date or period and, at the same time (a) prepare a roster of the lots and assessment applicable thereto which shall be kept in the office of the Association and shall be open to inspection by any member and, at the same time (b) send written notice of each assessment to every owner subject thereto. D. To issue, or cause an appropriate officer to issue, upon demand, any person a certificate setting forth whether any assessment has been paid. Such certificate shall be conclusive evidence of any assessment therein stated to have been paid. E. To approve an annual budget for the receipt and expenditure of funds of the Association. ARTICLE IX OFFICERS A. Elective Officers. The elective officers of the Association shall be president, vice president, secretary and treasurer. Any number of offices may be held by one person. The officers shall be elected annually by the Board of Directors. The officers shall be elected by a majority vote of the Board of Directors of those cast. B. Vacancies. The Board of Directors shall fill any vacancies from time to time as they occur by majority vote of the Board of Directors of votes cast. Printed 4/28/2005 Revised 1/11/92; Authorized by Court Order 8/12/97 Page 6 of 8 C. President. The president shall be the chief officer of the Association and shall be present at meetings of the Association and of the Board of Directors. The administration and management of the Association shall be vested in the president. He shall communicate to the Association such matters and make such suggestions as may, in his opinion, tend to promote the welfare and increase the usefulness of the Association and he shall have the authority to sign checks and disburse money in � the Association � wh ei i auii'C�i f U to dv so by u ,e Board of Directors. D. Vice President. The vice president shall perform all duties of the president during the absence of the president. E. Treasurer. The treasurer shall keep an account of all monies received and expended for use of the Association and shall make disbursements as authorized. All sums received by the treasurer shall be deposited in the bank or banks approved by the Board of Directors and the treasurer shall make a report at the annual meeting. At the expiration of the term of the treasurer's office, the treasurer shall deliver to his successor all books, money and other property of the Association. F. Secretary. It shall be the duty of the secretary: 1. To give notice of and attend all meetings of the Association and to make provision for keeping of a record of the proceedings. 2. To conduct correspondence and to carry into execution all orders, votes and resolutions not otherwise committed. 3. To keep a list of the members of the Association. 4. To establish machinery for the collection of dues and assessments and their payment to the treasurer. 5. To keep records of any agent retained by the Association and take charge of and supervise the performance of their duties; and 6. To prepare, with the concurrence of the treasurer, an annual report of the transactions and conditions of the Association, and generally to devote his or her best interest to the Association. ARTICLE X COMMITTEES A. The Standing Committees of the Association shall be: the Nomination Committee, the Recreation Committee, the Maintenance Committee, the Publicity Committee and the Audit Committee. Unless otherwise provided herein, each committee shall consist of a chairman and two or more members and shall include a member of the Board of Directors for Board contact. The committees shall be appointed by the Board of Directors subsequent to each annual meeting to serve from the close of such annual meeting until the close of the next annual 6 Printed 4/28/2005 Revised 1/11/92, Authorized by Court Order 8/12/97 Page 7 of 8 meeting and such appointment shall be announced at each annual meeting. The Board of Directors may appoint such other committees as it deems desirable. B. The Nomination Committee shall have the duties and functions described in Article VII, C. C. The Recreation Committee shall advise the Board of Directors on all matters pertaining to the recreational program and activities of the Association and shall perform all other functions as the Board, in its discretion, determines. D. The Maintenance Committee shall advise the Board of Directors on all matters pertaining to the maintenance, repair or improvement of the common properties and facilities of the Association, and shall perform such other functions as the Board, in its discretion, determines. E. The Publicity Committee shall inform the members of all activities and functions of the Association and shall, after consulting with the Board of Directors, make such public release and announcements as are in the best interest of the Association. F. The Audit Committee shall supervise the annual audit of the Association's books and prepare the annual budget and balance sheet statement for approval by the Board of Directors. The treasurer shall be an ex -officio member of the committee. G. With the exception of the Nominating Committee, each committee shall have power to appoint a subcommittee from among its membership and may delegate to any such subcommittee any of its power, duties and functions. H. It shall be the duty of each committee to receive complaints from members on any matter involving Association functions, duties and activities within its field of responsibility. It shall dispose of such complaints as it deems appropriate or refer them to such other committee, director or officer of the Association as is further concerned with the matters presented. ARTICLE XI AMENDMENTS These bylaws may be amended, repealed or altered, in whole or part, by a two-thirds (2/3) majority of the membership assenting. ARTICLE XII LIABILITIES Nothing herein shall constitute members herein as partners for any purpose. No member, director, officer, agent or employee shall be liable for the acts or failure to act of any member, director, officer, agent or employee of the Association, nor shall any member, director, officer, agent, or employee be liable for his acts or failure to act under these bylaws excepting only acts or omissions arising out of his willful acts. 7 Printed 4/28/2005 Revised 1/11/92; Authorized by Court Order 8/12/97 ARTICLE XIII DISSOLUTION Page 8 of 8 The Association may be dissolved by the vote of more than two-thirds (2/3) of its members. In the event of dissolution, the property of the Association shall be distributed as is consonant with the purposes of the Association and no personal property will be had by any member thereby. 8 Printed 4/28/2005 VARIANCE APPLICATION #18-05 ROBERT D. BROWN Staff Report for the Board of Zoning Appear Prepared: July 11, 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: July 19, 2005 - Action Pending LOCATION: 678 Lake Serene Drive MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBERN: 31B-1-18 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) District Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Use: Vacant South: RA (Rural Areas) Use: Lake front East: RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Vacant VARIANCE REQUESTED: 35 foot side yard variance REASON FOR VARIANCE: Lot is exceptionally narrow. The property has 140 foot frontage on the lake and narrows to 55 feet at the rear. Variance Request #18-05, Robert D. Brown July 11, 2005 Page 2 STAFF COMMENTS: Research of Frederick County records note this property was created in 1972. Frederick County adopted zoning inl 967. The Frederick County historical zoning map shows this property was zoned A-1 (Agricultural Limited) in 1972. 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 50' sides. Existing houses on lots in the vicinity appear to contain setbacks consistent with 15' side yards. STAFF CONCLUSIONS FOR THE JULY 19, 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 35'on the side yard. Should this variance be granted, the building setbacks for this property would be: 15' side yard. It appears that this variance meets the intent of the Code of Virginia, Section 15.2-2309 (2). This request from the current setbacks of the RA zoning district may be justified. APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA { 411 �s� s a 3 l i Aic' 2. Var, �, � {,�� y D$ a S% kill F a i -51' MUST{,.. �..� �€ ,. ,.z...... .,r s , �� y�if° aa�, <•�.� � .„ani �' ,�'ie,:�.: � � ,. � ., �I? r�r ., ,rti� , �... .� in 7F� �i,'`.,� .. .. .< ,. ... MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner i� other 2. APPLICANT: NAME: -P'_L;Ea ADDRESS & %4 4141 r✓t .� = TELEPHONE :6 W•55� (Check one) OCCUPANT: (if different) NAME: ADDRESS: TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): Am -J . 4. The property has a road frontage of feet and a depth of ?-7 ` feet and consists of acres (please be exact). Page 5 of 9 5. The property is owned by /-;� / - "lw as evidenced by deed from, ` %jh _ recorded (previous owner) in deed book no. on page Iq 2 of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: (e¢-i�CS'6�®/ZD 7. Property Identification 8. The existing zoning of the property is: %- d 9. The existing use of the property is: 10. Adj oining Property: USE North t%4dc4re k EastF. South L,. 45 West aM,4&14 ZONING r'W 11. Describe the variance sought in terms of distance and type. (For example: "A 33 rear yard variance for an attached two -car garage.") 12. List specific reason(s) why the variance is being sought in terms of exceptional narrowness, shallowness, size or shape of property, or exceptional topographic conditions or other extraordinary situation or condition of property, or the use or development of property immediately adjacent thereto l�WS, -kd 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: lemk's 1 A `` Address Property ID # ® Cie 000.6 l 4s =�Go2C�aC Address :- e /J/-. Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # Page 7 of 9 / /: - { � �. i �, % '� / � % . r �. i. - � .., ,: r �/ ,� e r i� d � / � e -' �r ' ,/ ;� � / _ � / / y ir i�� / / r . � , ,r � / ,�' �. .% j /ice � - iJ �. t .. 15. Provide a sketch ofthe 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. Page 8 of 9 pNT 5 zaA�� O cl 1 m \ I£ O 1 ",511 rn U \ „ r u O N a \ \ � 1 (J) = 1 m OZ 11 \ \\ \ n gp COl1NiY SETBACK n 1 71 \ O Z 25' COVENANT SETBACK \ O cl D m Brown Addition - Scheme 3 ti J n 0 O o = z m -e 678 Lake Serene Drive, Winchester, VA 22603 op O Z w ' D m ,4 o MAIN STREET ARCHITECTURE, P.C. 120 WEST MAIN STREET BERRYVILLE, VIRGINIA 22611 540.955.1669 FAX 540.955.4614 AGREEMENT VARIANCE # / �r C!5— (Number 15—(Number to be assigned by the Planning Dept.) I (we), the undersigned, do hereby respectfully make application, and petition the Frederick County Board of Zoning Appeals (BZA) to grant a variance to the terms of the Frederick County Zoning Ordinance as described herein. I agree to comply with any conditions for the variance required by the BZA. I authorize the members of the BZA and Frederick County officials to go upon the property for site inspection purposes. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the BZA public hearing and maintained so as to be visible from the road or right-of-way until the hearing. I hereby certify that all of the statements and information contained herein are, to the best of my knowledge, true. SIGNATURE OF APPLICANT DATE 4Z.- l?— 0,Y SIGNATURE OF OWNER DATE (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF ONLY - ' ACTION: ATE - APPROVAL SIGNED: BZA CHAIRMAN DENIAL DATE: Page 9 of 9 .° -0 Mz ta, w � x(d orale U E-4 0 TMS DEED, made and dated this � day of April, 2003, by and between DAVID E. REDMON, hereinafter called the Grantor; and ROBERT D. BROWN, hereinafter called the Grantee. WITNESSETH: That for andn consideration of the sum of Ten Dollars, and other valuable consideration, the receipt of mrhich is hereby acknowledged., the Grantor sloes hereby grant and convey with General Warranty and English Covenants of title unto the Grantee, in fee simple, the follo,,ving property: All that certain lot or Parcel of land, together m4h all rights, rights of way, privileges and appurtenances thereto belonging, lying and being situate, in Gai esboro Magisterial District, Frederick County, Virginia, and designated as Lot IS on the plat of Lake Serene, which plat is of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Beed Book 356, at Page 147; AND BEING the same property conveyed to David E. Redmon, by deed dated August 19, 1997, from Delmar A. Bayliss and I. Mare Bayliss, his wif,-, of record in the aforesaid Cleric's Office in Beed Book $86, at Page 214. Reference is hereby made to the aforesaid instruments and the attachments and the references therein contained, for a more particular description of the property hereby conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record, if any, a0ecting the subject property. VaI`NESS the follom4ng signature and seal: r t-aeao���ne . ORNEY AT LAW 24 S. BRAOOOCK ST. 1NCHESTER, VA 22601 STAT E OF CI Y1C--qtRff-Y'0F DAVID HP-REDMON to -wit: (SEAL) The foregoing instniment was acluiowledged before me in any aforesaid Jurisdiction this /7L�A day of April, 2003, by DAVID E. REDMON. ,My Commission Expires: % SSI Do A�. 0 OF OTAM :J"IC11100*4 GREGOFW�=. HUTCHINSON ATTORNEY AT LAW 124 S. BRAOOOCK ST WINCHESTER, VA 22601 My COMMISSION EXPIRES JANUARY Si, 2005 -)TARYPUBLIC Greg Rhodes Kimberly Rhodes. 654 Lake Serene Drive Winchester, Virginia 22603 March 22, 2004 Department of Planning and Development Board of Zoning Appeals 107 N. Kent Street Winchester, Virginia 22601 Dear Sir or Madam: This letter is in reference to Robert D. Brown's request for a variance at 678 Lake Serene Drive. This is to advise that I have reviewed this application and the plans and support the requested variance. Sincere) Greg Rhodes Kimberly Rhodes James T. Anderson, Jr. 686 Lake Serene Drive Winchester, Virginia 22603 March 22, 2004 Department of Planning and Development Board of Zoning Appeals 107 N. Kent Street Winchester, Virginia 22601 Dear Sir or Madam: This letter is in reference to Robert D. Brown's request for a variance at 678 Lake Serene Drive. This is to advise that I have reviewed this application and the plans and support the requested variance. Sincerely, James T. Anderson. r.