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BZA 03-15-05 Meeting AgendaAGENDA FREDERICK COUNTY BOARD OF ZONING APPEALS The Board Room Frederick County Administration Building 107 N. Kent Street Winchester, Virginia March 15, 2005 3:25 p.m. CALL TO ORDER 1) Determination of a Quorum PUBLIC HEARING 2) Appeal Application #03-05 of Roy R. Beatty and Patricia G. Beatty, to appeal the decision of the Zoning Administrator in the administration of the Zoning Ordinance pertaining to Section 165-54 D (c), changes to the rural preservation tract. The subject property is located on Route 50 West, left onto Route 614, left onto Route 612 and approximately one half mile on the left, and is identified with Property Identification Number 59-A-34 in the Back Creek District. 3) Variance Request 904-05 of Lester McDonald for a 10 foot front yard variance, 40 foot right side yard variance, and 35 foot left side yard variance. This property is located approximately 1,000 feet from Martinsburg Pike (Route 11 North) on Woodbine Road. The subject property is identified with Property Identification Number 33A -A-23 in the Stonewall Magisterial District. 4) Variance Request #05-05 of Ann W. Smith for a' 5 foot side yard and rear yard variance. This property is located off of Cedar Creek Grade (Route 622), right onto Fromans Road (Route 623), approximately one half mile on the right. The subject property is identified with Property Identification Number 72-A-8 in the Back Creek Magisterial District. 5) Variance Request #06-05 of Lawrence Plasters for 35 foot front yard, 25 foot rear yard and 10 foot left and right side yard setback requirements due to shallowness of lot. This property is located off of Wardensville Grade (Route 608), right onto Capon Springs Trail, right onto Aster Trail and third lot on the right. The subject property is identified with Property Identification Number 69AO1-30-10 in the Back Creek Magisterial District. 6) Other FILE COPY APPEAL APPLICATION #03-05 gw41 �ti� ROY R. BEATTY AND PATRICIA G. BEATTY Staff Report for the Board of Zoning Appeals w Prepared: February 28, 2005 n,M 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: March 15, 2005 - Pending LOCATION: The property is located in Deer Ridge Estates; from Route 50 West, left onto Route 614, left onto Route 612 and approximately one half mile on the left. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER(S): 59-A-34 PROPERTY ZONING & USE: Zone: Land Use ADJOINING PROPERTY ZONING & USE: Zone: Land Use Zone: Land Use Zone: Land Use Zone: Land Use RA (Rural Areas) District Residential North: RA (Rural Areas) Residential West: RA (Rural Areas) Residential South: RA (Rural Areas) Residential East: RA (Rural Areas) Residential APPEAL: To appeal the decision of the Zoning Administrator in the administration of the Zoning Ordinance pertaining to Section 165-54 D (c), changes to the rural preservation tract. REASON FOR APPEAL: Applicant is appealing the decision of the Zoning Administrator pertaining to changes to the rural preservation tract. Appeal Application #03-05, Roy R. Beatty and Patricia G. Beatty February 28, 2005 Page 2 STAFF COMMENTS: The rural preservation subdivision known as Deer Ridge Estates was approved by Frederick County on August 9, 2002. This subdivision was created under Section 165- 54 of the Frederick County Zoning Ordinance. Section 165-54 allows lot sizes of no less than two (2) acres, with the exception of 40% as a rural preservation tract. The tract must stay intact and has only one building right. The recorded plat for this rural preservation subdivision shows 46 acres being the preservation tract. This plat was recorded August 12, 2002, with the statement that the tract cannot be subdivided. STAFF CONCLUSIONS FOR THE MARCH 15, 2005 MEETING: Staff is requesting to affirm the decision of the Zoning Administrator in the administration of the Frederick County Zoning Ordinance, Section (s) 165-54 D (c) that the tract known as the rural preservation cannot be changed in any way with regards to the recorded plat of record. W o gay �W �pP _ Lo �1o w a CD Of N O y W 5LU N LU LU � ui ¢ z: ¢C.9 Z CERTIFIED MAIL December 28, 2004 Thomas J. Chasler 203 E. Boscawen Street Winchester, VA 22601 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 RE: Zoning Determination for Deer Ridge Estates Property Identification Number (s) (PIN): 59-A-34 Zoning District: RA (Rural Areas) Dear Mr. Chasler: This letter is in response to your correspondence dated December 17, 2004, to the Zoning Administrator requesting a zoning determination on the above -referenced property. In the correspondence, you indicated that this property is a rural preservation subdivision. This subdivision has been recorded and any changes to the preservation tract will not be allowed. In accordance with Section 165-54 D (c) of the Frederick County Zoning Ordinance, the prese� ; ation tract will stay intact as recorded. Therefore, the proposed use in your correspondence will not be allowed. 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 parry, any other information you may want to submit and a $250.00 filing fee. Once the appeal application is accepted, it will be scheduled for public hearing and decision before the BZA. Please do not hesitate to contact me regarding any questions you may have at (540) 665-5651. Sincerely, /}fed rk R. Ch an Zoning Administrator MRC/dlw 107 forth Dent Street, Suite 202 • Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 August 12, 2002 Mr. Darren Foltz Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: Deer Ridge Estates Rural Preservation Subdivision PIN: 59-A-34 Dear Darren: This letter is to confirm that the preliminary sketch plan and final plats for Deer Ridge Estates Rural Preservation Subdivision have been approved. This subdivision allows for the development of seven residential lots containing a minimum of two acres each and a rural preservation parcel containing approximately 49 acres. The final plats were collected by you for recordation. Thank you for returning a copy of the recorded plats to our office. If you have any questions, please feel free to call. Sincerely, �n� —%JCti� �4' Patrick T. Davenport, CZA Zoning and Subdivision Administrator PTD/rsa cc: Jane Anderson, Real Estate Margaret Douglas, Back Creek District Supervisor Greg L. Unger, Back Creek District Commissioner Cordell Watt, Back Creek District Commissioner UAPatrick\Common\S_D ReviewsTural S_Ds\Deer Ridge Estates final apprv.wpd 107 North Kent Street - Winchester, Virginia 22601-5000 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 2. APPLICANT: Roy R. Beatty NAME: Patricia G. Beatty ADDRESS 244 Crossing Path Lane Winchester, VA 22602 TELEPHONE: 877-3338 (Check one) OCCUPANT: (if different) NAME: ADDRESS: TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): Route 50 West, Left onto 614, Left onto 612 and approximately 1/2 mile on Left. 4. Magisterial District Back Creek Magisterial District 5. Property Identification No.: Tax Map No. 59-A-34 6. The existing zoning of the property is: Rural Agricultural 7. The existing use of the property is: Residential 8. Adjoining Property: USE North Residential East Residential South Residential West Residential ZONING RA RA RA RA 9. Describe the decision being appealed. (Attach a copy of the written decision.) See attached copy 10. Describe the basis of the appeal, indicating your reason(s) for disagreeing with the decision. (This may be provided on separate sheet.) See letter attached 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 Derek and Rebecca Oliver Address 600 Fishel Road, Winchester, VA 22602 Property ID # 59 -A -34C Charleen Hendrick Address 578 Fishel Road, Winchester, VA 22602 Property ID # 59-A-34-2 Blue Ridge Development, LLC Address 360 Clearview Drive, Clearbrook, VA 22624 Property ID # 59 -A -34E, F, H and I Henry and Rosemary Budzynski Address 502 Fishel Road, Winchester, VA 22602 Property ID # 59-A-34 Theresa Sue Sousa Trust Address 1415 Springvale Ave., McLean, VA 22101 Property ID # 59-A-35 Charles E. Will Address P.O. Box 33, Clearbrook, VA 22624 Property ID # 59-A-38 Trevor S. Johnson Amy L. Johnson Address 497 Back Mountain Rd. Winchester VA 22602 Property ID # 60-A-1 Stephen Zebarth Address 110_ West Cork St. , -Winchester, VA 22601 Property ID # Greg R. Beatty Serena Beatty Address 225 Crossing Path Ln., Winchester, VA 22602 Property ID # 59 -A -34A Susan M. Beatty Address 206 Crossing Path Ln., Winchester, VA 22602 Property ID # 59 -A -34B James A. and Misty A. Miller Address 100 Inca Trail Winchester VA 22602 Property ID # 60A -1C 13-9 AGREEMENT APPEAL F v 'v 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 _J�� DATE /-Z6-05_ SIGNATURE OF OWNER DATE (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF ACTION: -DA - APPEAL OVERRULED 1-2,6-05- APPEAL -z.6-os APPEAL SUSTAINED SIGNED: BZA CHAIRMAN DATE: File 0 \Lmd Use Applications\Application Fo ms�APPEAL Revised: 01/14/03 LAW OFFICE THOMAS J. CHASLER 203 EAST BOSCAWEN STREET WINCHESTER, VIRGINIA 22601 Telephone: (540) 662-1203 Facsimile: (540) 665-9615 January 26, 2005 Zoning Administrator and Board of Zoning Appeals Frederick County 107 North Kent Street, Suite 202 Winchester, VA 22601 Re: Zoning Determination for Deer Ridge Estates Property ID No.: 59-A-34 Zoning; District: RA Date of Decision: December 28, 2004 Gentlemen: E-MAIL: tchasler@emafl.com Please be advised that an appeal is filed to the determination of the Zoning Administrator in reference to the above parcel. I have enclosed a check payable to Frederick County for $250.00 as the filing fee. The parcel in question consists of 48.7452 acres. The Final Plat for Rural Preservation Subdivision dated July 18, 2002 is attached. It is the landowner's intention to do a boundary line adjustment with Lots 3 and 4 which are owned by third parties. The Boundary Linn Adjustment would consist of approximately 5-7 acres North of each lot. The Parent Tract would be reduced by approximately 10-14 acres to approximately 35-38 acres. The original Parent Tract was 65.94 and the 40% Rural Preservation Tract minimum would be 26.38. Currently, the rural Preservation current tract is 48.7452 which is nearly 22 acres in excess of the 40% requirement. The Plat and Boundary Line Adjustment Agreement would provide that Lot 3 and Lot 4 could not subdivided further. The Zoning Administrator's determination that the proposed use is not in compliance with the Zoning Ordinance is incorrect. By letter of December 28, 2004, the Zoning Administrator denied the request citing 165-54D(c) for the proposition that no further changes of the preservation is allowed. Section 144-2 under Definitions - Boundary Line Adjustments provides: "A change in the boundary line between adjoining lots, tracts or parcels which does not create new lots or reduce the number of existing lots." (144-2) The term subdivision is defined: "The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of lands of land for sale, development or lease; or the tracts or parcels of land resulting from the division of property." (144-2) It is clear that a Boundary Line adjustment is not a subdivision of land. The Subdivision ordinance defines land division as follows: The subdivision of one parcel of land into two or more parcels or any changes to the boundary of any lot, tract or parcel of land." (144-2) The Subdivision ordinance provides that a boundary line adjustment is not a division of land provided it does not create new lots or reduce the number of lots and then under land division it states: "... any changes to the boundary of any lot." The two definitions conflict and the only reasonable interpretation is that a boundary line adjustment cannot be a division if no new lots are created, therefore, there is no division of the land under 165.54(1)(4). Further, the landowner's position is that a Boundary Line Adjustment between the lots does not constitute a division of the lots as provided in 165-54(D)(1)(c) of the Ordinance since the Preservation Tract will still be in excess of 40% of the original Parent tract. The total of the seven (7) lots after the boundary line adjustment will still be less than 60% of the original Parent Tract. The provisions in paragraph D (1) (a) that 40% must remain intact is still in compliance. It is apparent that if the ordinance is given a literal interpretation then only Preservation Tracts that are exactly 40% of the Parent Tract would be in compliance. The ordinance does not state a minimum of 40%. Therefore, anything in excess of 40% would not be in compliance. The "no future division" is a reference only to the 40% requirement since a division of a Parent Tract that is at 40% would reduce the Preservation Tract below 40%. To illustrate the consequences of a literal interpretation consider the following: Landowner owns 100 acres in R.A. and subdivides 4 lots at 2 acres per lot and designates 92 acres as Preservation Tract. Since 92% is not 40%, the development should not be permitted. The literal interpretation is not within the intent of the ordinance. The ordinance should provide a minimum of 40% for the rural Preservation Tract. If not, then many of the plats already approved including the current one do not meet the 40% standard of 165.54(D)(a) since they are in excess of 40% The appellant is aggrieved since they cannot do a Boundary Line Adjustment on the property in question and, therefore, are unable to sell the additional acreage. Based upon the above, it is the landowner's request that he be permitted to enter into the Boundary Line Adjustment provided he meets the 40% requirement. Respectfully Submitted, f 1' Thomas J. Chasler TJC:wls 4 FINAL PLAT FOR RURAL PRESERVATION SUBDIVISION DEER RIDGE ESTATES BACK CREEK MAGISTERML DISTRICT, FREDERICK COUNTY, W RGINM JUL Y 18. 2001 VICINITY MAP I" = 2000' OWNER'S CERTIFICATE THE ABOVE AND FOREGOING SUBDIVISION OF A PORTION OF THE LAND OF ROY R. BEATTY & IN ACCOAs RDANCE WITH APPEARS ESO OF TXE UND£RGNED OWN£RSS PROPRIETORS AND TRW7H THE FREE USTFES� TF ANY. COMMONWEALTH OF VIRGINIA CITY / COUN F TO WIT - THE FOREGOING OWNERS CERTIFICATF WAS ACKNOWLEDGED BEFORE ME THIS -f r k DAY OF , 20,LZ BYQV ti NOTARY PUBLIC _fid MY COMMISSION EXPIRES Fe " SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT 7HE LAND CONTAINED /N THIS MI SUBDMSION IS A PURTION OF INE LAND CONVEYED TO ROY R. BE & PATRICIA G. TTY B DEED TE 1 APRIL 1, 2002 RECORDED IN THE FREDERICK COUNTY CIRCUIT COURT CL ER 'S OFFTC AS REN S.. FOLTZ, LS PARFh? TAX PAR/' MEA TTFICATION ROY R BEATTY & TM 5,9-((A))-34 66.1740 ACRS ZONE. RA USE. VACANT PATRIC14 G BEATTY 8-&-0-4L- LA TE &!0aDATE E6�z—oz 7 DATE -7 3o -d 2 DATE GREENWAY EN(A tl 151 WMy IIILL LANE Engineers WINCHESTER, VA- 22602 TELEPHONE: 644} 882-4185 Surveyors FAX: (640) 722-9628 971 xxn.greenxayeng.com TH ©F -1 r DARRFN S. No.00225 3315 SHEET 1 OF 9 .Y 5 42✓. ��R 1' "3 RS}'S � ji% i d�2t , r{l �' /• �. 1 F'Y/ // ff/s J�f S��lll �A". Y� h 4-%}yi (t `', 4 �f h ig �i3r tiyi T';SNy iT��C!';Z1��lr {p,i? ,,��3' ��it f# t1.�� s-t�Z^•t,F�+•4s ��F� t�'��a �" � s �s y�z e c� w,.;. 'f�`�%s'�3 �'��`� : 3r• :ti .,i t ./+ 2 � �� 1 �e qf•G��X�] :i 7 Q 1at 1§1 P ' ... M. '�¢o:r� V I }tKSr2f:•3SN/S'`Y. 3iA•Yi¢ VICINITY MAP I" = 2000' OWNER'S CERTIFICATE THE ABOVE AND FOREGOING SUBDIVISION OF A PORTION OF THE LAND OF ROY R. BEATTY & IN ACCOAs RDANCE WITH APPEARS ESO OF TXE UND£RGNED OWN£RSS PROPRIETORS AND TRW7H THE FREE USTFES� TF ANY. COMMONWEALTH OF VIRGINIA CITY / COUN F TO WIT - THE FOREGOING OWNERS CERTIFICATF WAS ACKNOWLEDGED BEFORE ME THIS -f r k DAY OF , 20,LZ BYQV ti NOTARY PUBLIC _fid MY COMMISSION EXPIRES Fe " SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT 7HE LAND CONTAINED /N THIS MI SUBDMSION IS A PURTION OF INE LAND CONVEYED TO ROY R. BE & PATRICIA G. TTY B DEED TE 1 APRIL 1, 2002 RECORDED IN THE FREDERICK COUNTY CIRCUIT COURT CL ER 'S OFFTC AS REN S.. FOLTZ, LS PARFh? TAX PAR/' MEA TTFICATION ROY R BEATTY & TM 5,9-((A))-34 66.1740 ACRS ZONE. RA USE. VACANT PATRIC14 G BEATTY 8-&-0-4L- LA TE &!0aDATE E6�z—oz 7 DATE -7 3o -d 2 DATE GREENWAY EN(A tl 151 WMy IIILL LANE Engineers WINCHESTER, VA- 22602 TELEPHONE: 644} 882-4185 Surveyors FAX: (640) 722-9628 971 xxn.greenxayeng.com TH ©F -1 r DARRFN S. No.00225 3315 SHEET 1 OF 9 400 0 400 774 59 -((A)) -JJ ROY R. BEATTY & GRAPHIC SCALE PATRICL4 G. BEATTY (lN FEET) INST. # 020006t95 a ZONE • req USE YAC4NT v �c:) IRF `. STONE o Q'� v3 N _i TY 59—(OA .31 � DN H.W, &—. / 2PCH44443� / tt,�/TV Ss-CfA))-34 ZONE RA USE. AGRI. RUk4L. PRESERVA77ON PARENT 7R4Cr 48.7452 ACRES j / NO FURTHER DNISION OF THIS (+ t TRACT IS ALLOWED PER 165-54D "►� ` '103- XF THE FRED. CO. ZONING ORDINANCE! �'/q�ry / E7frSTlNG .� „1Oy^ SITE 7E1D �( t � IIE 50' BRL �( t ZE J SHEET 7 Q ,, I a� 20" WHITE FOR OF ES'AIT I Ci4/C TREE 4 1 ( CHARLES Z. WILLIAMS I ry DB. 571 PG. 590 ZONE RA USE. AGRI. TM 59—((A)) -34A GREG R BEATTY do SERENA B. BE 4TTY INST. #020011376 ZONED. -P,4 USE. RESID. TM 59-((A))-24 SU559 ((AB HEREBY VACATED ATTY INST. ,020011377 ZONED:RA USE. RESID. TM 59-((A))-35 H. G. UALONE DB. 482 PG. 117 ZONE R4 USE. RESID. (THERESA SUE SOUSA) NOTE SLE SHEET 8 & 9 FOR UNE DATA CURVE D4Tk LEOEND AND NOTES RNAL PLAT FOR RURAL PRESERVA77ON SUBDMSION DEER RIDGE ESTATES s4cx cRgx AmcsrmAL D15-micr, rcK Xaa, V1R1;M ARREN S. FOL SCALE: 1" = 400' DATE: JULY 18, 2002 N0.002257 GREENWAY ENGINEERING 161 IIINDY HILL LANE Engineers 1fIIdCHESTLR, VA. 22802 Surveyors TE EEPHONE: (UO) 662-4186 Al�FAIL (540) 722-9628 Founded in 1971 www.grmuwayer4.com 3315 SHEET 9 OF 9 100 0 100 i17 GRAPHIC SCALE (IN FEET) j0 NOTE- SEE SHEET 7 FOR LOT 1 DRAINRELD EASEMENT: � \ tCD W TY 59—((A)1—J1 JOHN H. KHMNEY & BARR4R4 L WHITNEY DB. J52 PG. 44J ZONED: RA USE.- AGRI s` LOT 1 .20174 ACRES 1 0 S 6, `mss. RURAL PRESERVA77ON PARENT TRACT SEE SHEET 2 LUf 2 2.1065 ACRES / OF 2 PROPOSE -9 DRAINF7ELD StIE LOT J `6. n � ��', _ _ / SEE SHEET 4 5' 0.2551 ACRES NEREBY DEDIC47ED TO THE COMMONWEALTH OF %IRGYNIA FOR FUTURE ROAD WIDENING IVQTE SEE SHEET & & 9 FOR UNE DATA, CURVE DATA, LEGEND AND NOTES FIML PLAT FOR RURAL PRESERVA77ON SUBMS10N DEER RIDGE ESTATES &ACK CREEK AMISTUML D157MCT, FREVSWCK COUNTY, WRGYN14 t SCALE: i' = 100' DARREN S. FOLTZ DATE: JULY 18, 2002 No.002257 GREENWAYYENNGINEERING Engineers WMCHESrER, VA. ?BELL CD2 Surveyors TELEPHONE: (540) 682-4185 FA7L (540) 722-9528 Founded in 1971 www.areenva3rong.com :Yriz cuc=-r 7 nc foo 0 100 I G IN FEEO CD y� CD CD RURAL PRESERVA77ON PARENT 7R4CT sem_ SEE SHEET 2 s� s� LOT 2 /� �►-. �, SEE SHEET J ti y o ,J a LOT J -' 1RF 2.1254 ACRES + 1-� 41.5' ��k• rn ,� + Ak .6 h DF X , PROPOSED �`` PROPOSED Z DRAINF7ELD DR4/Nf7EED ^r 'Cs. SITE Rh SITE LOT 4 2.0449 ACRES 1 52.06• 9.1 ' DRAINFIELD �Q `S DF 3 EASEMVIr LOT 5 o SEE SHEET 5 a� 28.2 66 �' 5'CZP . 0.2551 ACRES HEREBY DEDICATED TO ME COMMONWEALTH OF VlRGIN14 FOR FUTURE ROAD WDENING NOTE SEE SHEET 8 & 9 FOR UNE DATA, CURVE DATA, LEGEND AND NOTES RN4L PLAT FOR RURAL PRESERVA770N SUBMSION DEER RIDGE ESTATES BACK CREEK M4GS706AL D1577?lCT, FREDERIC9 COUNTY, WRGINI4 SCALE: 1" = 100' DATE: JULY 18, 2002 DARREN S. FOL GREENWAY ENGINEERING N0.002257 iai ES 'Itxatl �4 Engineers TNCHBs7'ER, Ye.. 22602 Surveyors TEI HONE a40) 682-4185 Fd7L (640 722-9626 Founded in f971 www.g•eenwayeng.com JJ15 SHEET 4 OF 9 100 0 100 GRAPHIC SCALE (IN fFET) VFRHEAD U77UTY UNE NPCLD � f 5EL �7 l TM 59-((A))-344 ZONE • R4 USE RESID. IRF F NOTE* SEE SHEET 7 FOR LOT 5 DR,4INFIELD EASEMENT. O CD 0 L7 TM 59--((A))--348 ZONE. R4 USE. RESID. LOT 5�� 2.JW2 ACRES ` so, c -A �'Q! 'h c<"\ LOT 6 30' U771I y 2.5454 AC EASEMENT PROPOSED DRAINF7ELD SITE c^ L !DF 6 610, J L� 116.9' ESol, 9 / 5�26&• LOT 7 SEE SHEET 6 '- ,~ 15' U77LCTY 0.2551 ACRES NEASEMENT HEREBY DEDIC47FD TO THE COMMONWEALTH OF VIRGINIA FOR FUTURE ROAD WIDENING AME, SEE SHEET 8 & 9 FOR UNE DATA, CURVE DATA LEGEND AND NOTES I RNAL PLAT FOR RURAL PRESERVA77ON SUBDMS/ON DEER RIDGE ESTATES 34CK CREEK MAGiSTE W DISMCT, FREDERICK COUNTY, MONI4 SCALE: I" = 100" DATE: JULY 18, 2002 DARREN S. FOL GREENWAY ENGINEERING No. 002257 261 ESTI i VAE . LAN Engineers , VA. 22e02 Surveyors TELEPHONE: (540) 882-4185 FAX- (540) 722-9528 Fawndad fan 1871 wwwgreenwayeng.com _;;tS curer � in a 100 0 100 GRAPHIC SCALE (1N FEET) TM 59-((A))-348 ZONE • RA USE: RES1D. IRF SRF V/? w ^ N F7 !RF LOT 6 SEE SHEET 5 % v' �ORMNFIELD ROPos � SITE LOT 7 4.00138 ACRES / O CD0 0-1 RURAL PRESERVATION PARENT TRACT SEE SHEET 2 �X� ko ti _ TM 59-((A1)-35 .� THERESA SUE SOUSA DB. 482 PG. 117 `r ZONE • R4 USE. RESID. 0.2551 ACRES HEREBY DEDIC47ED TO THE COMMONWEALTH OF VIRGINIA FOR FUTURE ROAD WIDENING NATE SEE SHEET 8 & 9 FOR UNE DATA, CURVE L14TA, LEGEND AND N07ES. RAIAL PLAT FOR RURAL PRESERVA77ON SUBDNISION of DEER RIDGE ESTATES 84CK CREW ,1 aSMML D151R/CT, FREDERICK COMM, KRUN14 SCALE: 1' = 100' 1 DATE: JULY 18, 2002 DARREN S. FOLTZ GREENWAY ENGINEERING NO. 161 1f S HIM LANE 1/� 5�7KY y 4 Engineers II�ICFIL57LR. VA. P2808 Surveyors TELEPHONE 640) 882-4185 FAX: (540) 722-8528 IPuunded in 1971 xww imaenaayeng.com 3315 SHEET 6 OF 9 150 0 150 CWHIC SCALE (IN FEET) ,ow I I o a CD J SEE .SHEET 2 PROPOSED DRAINFIELD N 3851 'S7' W EASEIIIENT 29.16' '5 S N 5444 32' E LOT 1 �5LOT 13, 86.46' SEE SHEET 3 _.�`T2s� 1 � S 10 3'"49'082B• E / N > , J. DF I �� S 5 57 " W / LOT 2 101.8001,80 ' f 1g N 5J-0149' W18'39'43' E 106.58 100.02• LOT 3131.15' s "10;,-,41,-y, � 73.50 E OF 5 , » , N 7656 ,A� /PROPOSED D"NFIELD LOT 4 S 75.5 �9, W EASEMENT i8i. LOT 5 S 68'33' 12' W N 52'32'35' W ^ 131.02' 32.08' LOT 5 SEE SHEET 5 RURAL PRESERVA77ON SUBDMSION DEER RIDGE ESTATES BACK CREEK MtiG6TERML 06MICT, FREDERICK COUW NRGU1lA SCALE: 1 "1 " = 1501DATE: JULY 18, 2002JULY 18, 2002 GREENWAY ENGINEER 161 WINDY HILL IANS Engineers WMCHrSM, VA. E?,802 Surveyors TELEPHONE:640) 882-4186 FAM (540) 722-8628 nmded in 1 D71 V-ww gre®nxeyez4.com LOT 6 DARREN S. FOLT� NO.002257 1,� 4 ltfIG�CY:/aalill CURVE DATA CURVE RADIUS ARC LENGTH I CHORD LENGTH I CHORD BEARING I DELTA ANGLE C1 550.00 215.97' 1 214.59' 1 N 25' 12 36 W 22 29 55 C2 550.00 90.83' 1 90.73 N 41'1126 W 1 09 27 44 C3 69227' 98.61 3853 M50'00'09;''rL' 08-09'43' C4 692.27' 110.67110.55' N 58'J9'4 7 W 109-04'J4' 05 951.36 130.15 130.05 N 59' 19 26 W 07'50-18-"'- 7'50 18 9:5 r6 95 i, 36 ?79, 71? 278.70 N 4S'.5n'S s W !61-10714j, C7 946.36 407.70 404.55 N 50'54'04 W 244ID r " 08 697.27 210.79 209.99 N 54'34 56 W 1 T 19 17 C9 314.43 175.40 173. 13 N 29'56 28 W 31'57J9' LINE DATA LUNE BEARING DISTANCE Ll S 53'46 43 W 73.93 L2 S 5,3"37 56 W 60.84 L3 S 35'55 00" W 60.00 AREA SUMMARY L4 S 52'32 35 E 72.54 AREA IN LOTS 1--7 - 17.1737 ACRES L5 S J5-55'00' W 60.77 RURAL PRES PARENT TRACT - 48.7452 ACRES L6 S 36`4526 E 61.26 5' R/W DEDIC477ON STRIP 1 F 0.2551 ACRES L7 S 5T56 49 W 1 65.00 TOTAL AREA = 66.1740 ACRES L8 N 6J-14'y5' W 1 96.24 L9 S 5T08 02 E 88.78 g 4, L 10 N 69'27 16 E 5.03 LEGEND L11 S 5256 09 W 5.00 L 12 IN 1 T2-274-0 W 160.82 BRL - BU/LDING RESTR1C77ON UNE PER L I3 N 61-2-128" W 1 248.86 ZONING ORDINANCE L 14 S 59'56 51 W 119.40' IRF = 1/2" IRON REQAR FOUND L 15 N 36' 1008 W 301.06 IRS = 1/2 IRON RE6AR SET �* L 16 S 4428 15 E 19.28 R/W RiGHT OF WAYAGRI. = AGRICULTURAL L 17 S 10'40'49" W 91.00 RMD. = RESIDENML LIS N 77117 67W 64.72 O_B L ORICINAL BOUNDARY LiNE HEREBY VAC47M DF = PROPOSED DRA/NRaD Health ft0rtment Note: This subdivision is approved for individual onsite sewage systems in accordance with the provisions of the Code of Krginia, and the Sewage Handling and Disposal Regulations (12 VAC 5-610-10 at seq., the "Regulations"), (and local ordinances if the locality hasa Abyn'zeld rYl local health department to accept private evaluations for compliance wr oca o �nances . This subdivision was submitted to the Health Department for review pursuant to 32.1-163.5 of the Code of Virginia which requires the Health Department to accept private soil evaluations and designs from an Authorized Onsite Soil Evaluator (AOSE) or a Professional Engineer working in consultation with an AOSE for residential development. The Department is not required to perform a Field check of such evaluations. This subdivision was certified as being in compliance with the Board of Health's regulations by: Karl Evans j'103. This subdivision approval is issued in reliance upon that certification. Pursuant to § 360 of the Regulations this approval Is not an assurance that Sewage Disposal System Construction Permits will be issued for any lot in the subdivision unless that lot is specifically identified as having an approved site for an onsite sewage disposal system, and unless all conditions and circumstances are present at the time of application for a permit as are present at the time of this approval. This subdivision may contain lots that do not have approved sites for onsite sewage systems. This subdivision approval is issued in reliance upon the certification that approved lots are suitable for "traditional systems, however actual system designs may be different at the time construction permits ore issued. FINAL PLAT FOR RURAL PRESERVATIOM SUMMSIOM mx F DEER RiDGE ESTATES BACK CREEK MAO STERVIL DISTRICT, M M ICK COUNTY ORGINIA DARREN S. FOLTZ No.002257 { � SCALE: N14 DATE: JULY 1B, 2002 GREENWAYY EF NGIINEERING151 MINDY Engineers 1RNCHESM, VA. 22602 4 Surveyors TSI.EPL ONE: (640) 882-4185 FAX, (640) 7x2-8528 3315 SH 8 QF 9 Founded in. 1971 www.voonwayang.com p Cn CD Cn NOTES 1. ALLOWED DENSITY 66.1740 / 5 = 0 LOTS PROVIDED DENSITY = 7 RURAL PRESERVAT70N LOTS REQUIRED 40X RURAL PRESERVA776N TR4CT = 66.1740 X 0.40 = 26.4696 ACRES PROVIDED RURAL PRESERVA77ON PARENT TRACT — 48.7452 ACRES OR 74% 2. NO TITLE REPORT FURNISHED. EASEMENTS 07HER THAN SHOWN MAY EXIST. 3. THE BOUNDARY INFORMATION SHOWN HEREON IS BASED ON A CURRENT FIELD SURD' BY THIS F7RM. 4. CURRENT OWNER, • ROY R. BEATTY & PATRICIA G BEAT7Y INSTRUMENT NO. 020006195 5, THE PROPOSED PRIVATE DRIVEWAV ROAD lS NOT BUILT ACCORDING TO S7REET SPECIFICATIONS OF, AND WILL NOT BE MAINTAINED BY, THE 14RGINL4 DEPARTMENT OF 7R 4NSPORTA77ON OR FREDERICK COUNTY. TN£ IMPROVEMENT AND MAIMFNANCE OF SND DRNEWAY/ ROAD SHALL BE THE SOLE RESPONSIBILITY OF THE OWNERS OF SAID LOTS WHICH ARE PROVIDED WITH ACCESS VIA THE DRIVEWAY/ ROAD. SAID DRIVEWAY/ ROAD WILL NOT BE CONSIDERED FOR INCLUSION INTO THE ATE SECONDARY SYSTEM UN77L THEY MEED' THE APPLIC48LE CONS7RUC770N STANDARDS OF ME WRONIA DE'ARTMDVT OF MAISPORTAT70N. THE COST OF BRINGING SAID DRIVEWAY/ ROAD 70 ACCEPTABLE STANDARDS SIWLL NOT BE BORNE BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION NOR BY FREDERICK COUNTY. 6. ALL CORNERS ARE 1/2" IRON RERAR SET UNLESS OTHERWISE DESIGNATED. 7. TM 59—((A))-24 ORIGINAL BOUNDARY LINES ARE HEREBY VACATED. RURAL PRESERVATION SUBOMSION DEER RIDGE ESTATES BACK CREEK MAGISTERAL. DISTRICT, FREDERICK COUNTY, t7RG✓N44 SCALE: N/A I DATE: JULY 18, 2002 151 WDIDY HII.L LANE Engineers 11IIdCHR;Im, VA. 22602 Surveyors TELEPHONE: 640) 862-4185 FAM (640) 722-0828 971 www.groo"aymg.com DARREN S. FOL No.002257 Lav m A VARIANCE APPLICATION #04-05 L ESTER MCDONALD Staff Report for the Board of Zoning Appeals Prepared: February 28, 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: March 15, 2005 - Action Pending LOCATION: Off of Martinsburg Pike (Route 11 North) on Woodbine Road. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERN: 33A -A-23 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) District Land Use: ADJOINING PROPERTY ZONING & USE: North: M-1 (Industrial, Light) South: RA (Rural Areas) East: RA (Rural Areas) West: RA (Rural Areas) Use: Vacant Use: Vacant Use: Residential Use: Residential VARIANCE REQUESTED: The applicant is requesting a 10 foot right side yard and 15 foot left variance. REASON FOR VARIANCE: The lot predates the current zoning ordinance with regards to RA setbacks and prevents any new structure to be built. Variance Request #04-05, Lester McDonald February 28, 2005 Page 2 STAFF COMMENTS: This properly was created in 1964 as noted by the deed and plats included in your agenda. Frederick County adopted performance zoning inl967. The Frederick County historical zoning map shows this property was zoned A-2 (Agricultural General) in 1967. The property setback lines at the adoption of the zoning ordinance were 35'front and I5'sides. Frederick County amended its Code in 1989 to change the rural zoning districts to the current RA (Rural Areas) zoning district. The current setbacks for property in the RA zoning district abutting lots with residential use are: 60'front, 50'rear and sides. STAFF CONCLUSIONS FOR THE FEBRUARY 15, 2005 MEETING: The Code of Virginia, Section 15.2-2309(2), states that no variance shall be authorized by the Board unless it finds that a) strict application of the Ordinance would produce an undue hardship; b) that such hardship is not shared generally by other properties in the same zoning district and the same vicinity; and, c) that the authorization of such variance will not be of substantial detriment to adjacent property, and that the character of the district will not be changed by the granting of the variance. The applicant is seeking a variance of 35'on the left side and 40' on the right side of this property. Should this variance be granted, the building setbacks for this property would be: 15' left and 10' right side of the property (see plat). It appears that this variance meets the intent of the Code of Virginia, Section 15.2-2309 (2), and this request for a 35' and 40' variance from the current setbacks of the RA zoning district may be justified. Should this variance be granted, it will allow this parcel to have the similar setbacks of the adjacent properties. Q w �ry LU CL _ Ui w f - w M N? o y N3G&VN aE 0 N/l�rbPN3 oe 8 &4iA VEE ^�6� O&O �NI77hly�fS-g8Z -31 V1 8l b b E3070W O'(bblN Ll y Vct S7b13391 S7�1L3&'3N000 V bEE U Lo O a � O 6 M N M CD �--� J L3 WHO g � � W w LU F- w. J g � � APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner other (Check one) 2. APPLICANT: OCCUPANT: (if different) y NAME: ST C �'� 0A C- 1n 4 o ADDRESS 1 (,..(.�t r z 5r za PJ L TELEPHON '( -"J ;�,j - ET= ADDRESS: TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): A (A) 4. The property has a road frontage of feet and a depth of ,:5&b feet and consists of -acres (please be exact). Page 5 of 9 5. The property is owned by 5 T�C p l 'L� f1 /� �l� as evidenced by deed from recorded (previous owner) in deed book no. on page of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: C L y1 'e- U) �q � l 7. Property Identification No.: J .> e l 8. The existing zoning of the property is: 19- f`- - 9. The existing use of the property is: �'- s, 10. Adjoining Property: ZONING 11. Describe the variance sought in terms of distance and type. (For example: "A 3.5' rear yard variance for an attached two -car garage.") 12. List specific reason(s) why the variance is being sought in terms of: exceptional 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 tt � 4Z, cu_V Q T o a: V ic---U �-O Page 6 of 9 USE North ( r24;"� 9196-L) East 14C, " -S -e_ South C: ('Q;n +1 c, c, o West L6(1LS_Q _. ZONING 11. Describe the variance sought in terms of distance and type. (For example: "A 3.5' rear yard variance for an attached two -car garage.") 12. List specific reason(s) why the variance is being sought in terms of: exceptional 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 tt � 4Z, cu_V Q T o a: V ic---U �-O Page 6 of 9 13. Additional comments, if any: 14. The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the variance is being sought, including properties at the sides, rear and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notified by mail of this application: NAME / `� �✓ Address Property ID # 1--) D 3 Address Property ED 33 d'�4 a Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # Page 7 of 9 15. Provide a sketch of the property (you may use this page or attach engineer's drawing). Show proposed and/or existing structures on the property, including measurements to all property lines and to the nearest structure(s) on adjoining properties. Please include any other exhibits, drawings or photographs with this application. Page 8 of 9 AGREEMENT VARIANCE # Q y ._ 0 S (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 _ /92 DATE 2 / SIGNATURE OF OWNER DATE (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF //S G ACTION: - D TE - APPROVAL SIGNED: BZA CHAIRMAN DENIAL DATE: Page 9 of 9 Feb 16 05 11:58a SHARON STINE 540 6678126 p,2 DW LER. GRIFFIN. GYNE. COYNE, PA170N. P.C. ttarneys at Law linchester. Virginia ��(9 � 9VG 1662 OppO This deed is exempt from recordation taxes pursuant to § 58.1-811(D), Code of Virginia; 1950, as amended. THIS DEED OF GIFT, made and dated this 18`h day of October, 2000, by and between Theresa Ann SHARP -SMITH, Executrix under the Last Will and Testament of Betty Louise MCDONALD, deceased, party of the first part, hereinafter called the grantor; Lester B. MCDONALD, party of the second part, hereinafter called the grantee; and Theresa Ann SHARP -SMITH, Kenneth L. MCDONALD, Jeffrey A. MCDONALD, and Lester B. MCDONALD, parties of the third part, hereinafter beneficiaries, joining in this deed for the sole purpose of conveying all their right, title, and interest in the property herein. WHEREAS, Betty Louise McDonald, died testate on July 28, I999, seized and possessed of the hereinafter described real estate, and by the terms of her Last Will and Testament, recorded in the Office of the Clerk of the Circuit Court ofthe County of Frederick, Virginia, in Will Book 116, page 139, appointed Theresa Ann Sharp -Smith as the Executrix; and, WHEREAS, Theresa Ann Sharp -Smith, Executrix, grantor, duly qualified as Executrix, under the terms of said Last Will and Testament, as evidenced by the certificate recorded in the aforesaid Office of the Clerk, in Will Book 116, page 262. NOW THEREFORE, in consideration of the love and admiration of the Grantor for the Grantee, the grantor does hereby grant and convey with Special Warranty of Title, unto the grantee, in fee simple, the following described property and appurtenances thereto belonging: All that certain lot or parcel of land situate in Stonewall District, Frederick County, Virginia, located on the south side of Virginia Secondary Road No_ 669, fronting 75 feet upon said road and having a depth of 300 feet; being the same land conveyed to Lewis Frank McDonald, Jr., and Betty Louise McDonald, husband and wife, from M. G. Hoffman and Janet P. Hoffman, DWLER. GRIFFIN. GYNE, COYNE. PATTON, P.C. ttornevs at Law linchester, Virginia OK 919PG 1663 husband and wife, by deed, dated July 5, 1963, of record in the Office of the Clerk of the Circuit Court of the County of Frederick, Virginia, in Deed Book 296, page 549_ Reference is here made to the aforesaid instruments and the attachments and the references therein contained for a further and more particular description of the property hereby conveyed. This conveyance is made subject to any and all easements, restrictions, and reservations contained in duly recorded deeds, plats, and other instruments constituting constructive notice in the chain of title, which have not expired by a time limitation contained therein or have otherwise become ineffective, and to matters visible upon inspection. WITNESS the following signatures and seals: ' SEAL) Theresa Ann Sha -Smith, Executrix, under the Last Will and Testament of Betty Louise McDonald �V t.1,4,IA ,n :;,, M - rt{' .4121, (SEAL) Theresa Ann Sharp -Smith, Beneficiary d.(SEAL) Kenneth L. McDonald, Beneficiary O� (SEAL) effrey`A. McDonald, Beneficiary , �'" `" � %�% �o� (SEAL) Lester B. McDonald, Beneficiary :)WLM GRIFFIN, OYNE. COYNE, PATCON. P.C. ttomeys at Law /inchestar, Virginia BK919FG1664 COMMONWEALTH OF VIRGINIA CITY OF WINCHESTER, To -wit: I, Sand r•o_ R. F1 t44a Notary Public in and for the Commonwealth aforesaid, do hereby certify that Theresa Ann Sharp -Smith, Executrix under the Last Will and Testament of Betty Louise McDonald, deceased, and beneficiary, whose name is signed to the foregoing Deed, dated the 18' day of October, 2000, has personally appeared before me and acknowledged the same in my jurisdiction aforesaid. Given under my hand this aiOth day of Gj o b f—K %2000. Notary Public My Commission expires: COMMONWEALTH OF VIRGINIA CITY OF WINCHESTER, To -wit: I,l+>dra i. �'I 5lnback; a Notary Public in and for the Commonwealth aforesaid, do hereby certify that Kenneth L. McDonald, beneficiary, whose name is signed to the foregoing Deed, dated the 18" day of October, 2000, has personally appeared before me and acknowledged the same in my jurisdiction aforesaid. Given under my hand thiso��3r �' day of (D c o b • 2000. _ n Notary Public " My Commission expires: FOWLER. GRIFFIN. COYNE, COYNE. & PATrON_ P.C. Attorneys at Law Winchester. Virginia GK9j 9VG 1665 COMMONWEALTH OF VIRGINIA CITY OF WINCHESTER, To -wit: 1, Sandra 12. bi511b44-allotary Public in and for the Commonwealth aforesaid, do hereby certify that Jeffrey A. McDonald, beneficiary, whose name is signed to the foregoing Deed, dated the 18" day of October, 2000, has personally appeared before me and acknowledged the same in my jurisdiction aforesaid. Given under my hand this 1 a 1 h day of O c+a b e r 2000. �iD'd :.•� 41 Notary Public = �� My Commission expires: r� - 0 1 COMMONWEALTH OF VIRGINIA CITY OF WINCHESTER, To -wit: 1, _�arjro- e, 1'1 511 bock, allotary Public in and for the Commonwealth aforesaid, do hereby certify that Lester B. McDonald, beneficiary, whose name is signed to the foregoing Deed, dated the 18" day of October, 2000, has personally appeared before me and acknowledged the same in my jurisdiction aforesaid. Given under my hand this )l day of Q C+ D Pf,A, 2000. n z S Notary Public ' My Commission expires: I `_$ "U VIRGINIA: FREDERICK CUUry 1 Y. at_ t. This instrument of writing was produced to me m(epon 3 / -200,v at t_-2 7"/O,A - .-nd with certi tate of acknowledgement thereto annexed was admitted to record. Tac imposed by sec 58.1-8112 of S ' , and 58,1.8UI have been paid, if assessable *L AAlr_v . Clerk VARIANCE APPLICATION #05-05 ANN W. SMITH Staff Report for the Board of Zoning Appeals Prepared: February 28, 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: March 15, 2005 - Action Pending LOCATION: Off of Cedar Creek Grade (Route 622), right on Fromans Road (Route 623), approximately one half mile on the right. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBERN: 72-A-8 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) District Land Use: Vacant ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Use: Vacant South: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: Vacant West: RA (Rural Areas) Use: Vacant VARIANCE REQUESTED: The applicant is requesting a 35 foot side yard and rear yard variance. REASON FOR VARIANCE: The lot predates the current zoning ordinance with regards to RA setbacks and prevents any new structure to be built. Variance Request #05-05, Ann W. Smith February 28, 2005 Page 2 STAFF COMMENTS: This property was created in 1961 as noted by the deed and plats included in your agenda. Frederick County adopted performance zoning inl967. The Frederick County historical zoning map shows this property was zoned A-2 (Agricultural General) in 1967. The property setback lines at the adoption of the zoning ordinance were 35'front and 15'sides. Frederick County amended its Code in 1989 to change the rural zoning districts to the current RA (Rural Areas) zoning district. The current setbacks for property in the RA zoning district abutting lots with residential use are: 60'front, I00'rear and 50' sides. STAFF CONCLUSIONS FOR THE MARCH 15, 2005 MEETING: The Code of Virginia, Section 15.2-2309(2), states that no variance shall be authorized by the Board unless it finds that a) strict application of the Ordinance would produce an undue hardship; b) that such hardship is not shared generally by other properties in the same zoning district and the same vicinity; and, c) that the authorization of such variance will not be of substantial detriment to adjacent property, and that the character of the district will not be changed by the granting of the variance. The applicant is seeking a variance of 15 feet on the right and left side of the property and 65 feet for the rear of this property. Should this variance be granted, the building setbacks for this property would be: 35' for left and right sides of the property and 35' rear of the property (see plat). It appears that this variance meets the intent of the Code of Virginia, Section 15.2-2309 (2), and this request for a variance from the current setbacks of the RA zoning district may be justified. m ' 675— w U Q Y K Q � - r APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner other 2. APPLICANT: NAME tom/ ADDRESS/W// - �- 3. TELEPHONE: . (Check one) OCCUPANT: (if different) ADDRESS: TELEPHONE: The property is located at (give exact directions and include State Route numbers): 4. The property has a road frontage of / 5 feet and a depth of feet and consists of acres (please be exact). Page 5 of 9 5. The property is owned by ,Q,IWA as evidenced by deed from'1/Gt%y %� S recorded (previous owner) in deed book no. ,11 on pag ,ars of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: &I" 7. Property Identification No.: 117- 4 8. The existing zoning of the property is: 1�i4 9. The existing use of the property is: Vfin-syr 10. Adjoining Property: USE ZONING North North ,f- �T East South West 11. Describe the variance sought in terms of distance and type. (For example: "A 3.5' rear yard variance for an attached two -car garage.") 12. List specific reason(s) why the variance is being sought in terms of. exceptional narrowness, shallowness, size or shape of property, or Dexceptional topographic conditions or other extraordinary situation or condition of property, or or 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: I`.r_3M //';b�✓ 3� t i !% Address f-. ,�,� Property ID # Address Property ID Address�O, PropertyID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # Page 7 of 9 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 AGREEMENT VARIANCE # 05-- QS— (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. Q /� n SIGNA DATE SIGNATURE OF OWNER DATE (,if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF -3 / 5- D �6— ACTION: - DA E - APPROVAL SIGNED: BZA CHAIRMAN DENIAL DATE: Page 9 of 9 Special Limited Power of Attorney County of Frederick, Virginia Planning Office, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name)I IJ /V_ (Phone) 7LI (Address) =11 Afiff&t ! IAK;G T-6111 HI VB - AAV -Q/ 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. e, 7`on Page and is described as Parcel: Lot: V/ Block: Section: Subdivision: do hereby make, constitute and appoint: (Name) A (Phone) (Address) To act as my true and lawful attorney-in-fact for and in my (our) nAne, 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 (we) have hereto set my (our) hand and seal this I_L_ day of J oi =' , 200.. ``, Signature(s) 4 t /%/ State of Virgini Cit kounty of To -wit: 1, % Uf /It/ 7� i 1 ct ,� , a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who is (are) known to me, personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this day of J,4si , 200 L My Commission Expires: `�� d06 Notary Public �` Gv 3 /11A (5,A,,"zE 7-/�- c� Moyer's other land IC) M 5 Moyer's' other -land The above tract of laAdq iodated on the North side of Road No. 623 and about 1 mils Northwest of Marlboro, and situate in Back Creek Magisterial District, Frederick County, Virginia, is bounded as follows: Beginning n at (1) a point in the center of Road No. 623 in the center of a bridge Cfve over prommsRus; theme with the center of Road No. W 190 dog. 35 min. W 10000 feet to f3) 2) a point in the center of Road No. 623j theme N 64 dog. 17 min. W 110.0 feet to a point in the center of Road No. 623 opposite an iron peg on the North side of the roadl theme with 2 now division lime through the liud of "r N 37 dog. 10 Min. Z 241.7 feet to (.4) an ironpeg; thence 5 59 deg. 37 min. Z 2. 5 feet to (5), an -iron peg by a wire fence in the center of the old abandoned aill race in Oradortf I a line; theme with Oradorff 8 32 dog. 04 sin., W 2D.6.f"t r -dog.'00 niji6 V 'to (6) as iron Peg In the OOnts. Of the old mill thence S-39 +U& vwmi wk of beirinnizz. 002tai Vi L;0 Aare :vivre or less, 17V1, 11UVG dliH11V IN 1C I.L�'GLL t'11G �C4L11G UG1 V1'G iLLG J11 Ii11G v1l�J' O.i. vl cOalu• - My tern of office expires - My Commission Expires September 9, 1963. Given under my hand this 2nd day of November, 1961. JOSEPHINE M.HARRIS VIRGINIA. Notary Public FREDERICK COUP]TY, .. (SCT. This instrument of writing was produced to me on the 4th day of November, 1961 at 2:00 P. M. and with certificate of acknowledgment thereto annexed was admitted to record. CLERI ****.:*****x**************** x#2214 JOHN T. MO=, ET UX TO: :: :: DEID * JOHN H.SMITH, ET UX THIS DEID made and dated this 4th day of November, 1961, by and between John T. Moyers and Helen E. Moyers, his wife, hereinafter called the Grantors, and John H. Smith and Ann W. Smith, his wife, hereinafter called the Grantees, and W. Ray Reynolds, Trustee, and Massanutten Bank of Strasburg, Strasburg, Virginia. WITNESSETH: That in consideration of.the sum of Ten ($10.00 Dollars and other valuable considerations paid to John T. Moyers and Helen E. Moye by John H. Smith and Ann W. Smith on or before the delivery of this deed, the receipt of all of which is hereby acknowledged, John T. Moyers and Helen E. Moyers hereby grant, sell and convey, with general warranty of title, unto John H. Smith and Ann W. Smith, in fee simple, jointly, with the common law right of survivorship it being intended that the past of the one first dying shall belong to the other as provided in Section 55-21 of the Code of Virginia the following real estate, together with all improvements and appurtenances thereto belonging and subject to all easements and restrictions of record affecting such realty. All of that certain tract or parcel of land located on the north side of Route No. 623, about one mile northwest of Marlboro, in Back Creek Magisterial District, Frederick County, Virginia, containing 1.0 acre and more particularly described by metes and bounds in that certain plat and survey by Richard U. Goode, C. S., dated October 31, 1961, which is attached hereto and made a part hereof as set out in haec verba, and being a portion of the same property which was. conveyed to John T. Moyers and Helen E. Moyers by deed of •-Jeaeph A. Massie, Jr., Trustee, dated September 12, 1953, and recorded in the Clerk's Office v of the Circuit of Frederick County, Virginia, in Deed Book 279, at page 447. WHEREAS: By deed of trust dated July 18, 1961, recorded in the aforesaid Clerk's Office in Deed Book 272, page 205, John T. Moyers. and Helen E. Moyers conveyed to W. Ray Reynolds and William B. Allen, Jr., Trustees, either one of whom may zct, certain real estate of which the land herein conveyed is a part, to secure the payment of a certain promissory obligation, in the principal amount of $5,725.00, payable to Massanutten Bank of Strasburg, Strasburg, Virginia; and, whereas Massanutten Bank of Strasburg, which is the owner and holder of said promissory obligation secured by said deed of trust, has expressed its willingness that the said W. Ray Reynolds, Trustee, may release from the lien of said deed of trust the portion of land herein conveyed. 2Uf NOW THEREFORE in consideration of the sum of one ($1.00) Dollar cash in hand paid, the receipt of which is hereby acknowledged, the said W. Ray Reynolds, Trustee, at the request of said Bank does hereby release and quit claim unto John H. Smith and Ann W. Smith the aforesaid mentioned one acre of real estate hereinabove conveyed to them by John T. Moyers and Helen E. Moyers, but expressly retaining the lien of said deed of trust as to the balance of the land described in said deed of trust. The said John T. Moyers and Helen E. Moyers covenant that they have the right to convey said realty to John H. Smith and Ann W. Smith; that John H. Smith and Ann W. Smith shall have quiet possession thereof; that the same is free from all liens and encumbrances, except as above noted, and that they will execute such further assurances of.title as may be requisite. Witness the following signatures and seals and the signature of the Massanutten Bek of Strasburg by its President, and attested by its Secretary, all duly authorized, this date first above written. JOHN T. MOYERS (SEAL) REVEIVITE STAMPS * HELEN E.. MOYERS (SEAL) $0.55 CANCELLED W. RAY REYNOLDS (SEAL) ********* rustee (SEAL) MASSANUTTEN BANK OF STRASBURG, VIRGINIA BY: F. C. STOVER ATTEST: W. R. REYNOLDS STATE OF VIRGINIA COUNTY OF SHENANDOAH, to -wit: I, Wm. L. Craun, a Notary Public in and for the County of Shenandoah, State of Virginia, hereby certify that John T. Moyers and Helen E. Moyers, his wife, whose names are signed to the foregoing writing, bearing date on the 4th day of November, 1961, have this day r•ae3nowledged the same before me in my County and State aforesaid. My commission expires Oct. 16, 1963. Given under my hand this 4 day of November, 1961. WM. L. CRAUN Notary Public STATE OF VIRGINIA COUNTY OF SHENANDOAH, to -wit: - I, Wm. L. Craun a Notary Public in and for the County of Shenanddah, State of Virginia, hereby certify that W. Ray Reynolds, Trustee, whose name is signed to the foregoing writing, bearing date on the 4th day of November, 1961, has this day acknowledged the same before me in my County and State aforesai My commission expires Oct. 16, 1963. Given under my hand this 14th day of November, 1961. WM. L. CRAUN Notary Public State of Virginia County of Shenandoah, to -wit: I, Wm. L. Craun, a Notary Public in and for the County of Sheandndaoh, ;State of Virginia, hereby certify that W. Ray Reynolds, Strasburg, Va., of the Massanutten Bank of Strasburg, Virginia, and F. C. Stover, Strasburg, Va., of the Massanutten Bank of Strasburg, Virginia, whose names are signed to the' foregoing writing, bearing date the 4th day of November, 1961, have this day acknowledged the same before me in my County and State aforesaid. My commission expires Oct. 16, 1963. Given under my hand this 4th day of November, 1961. WM. L. CRAUN otary Public ib 3 MAGNETICS 1961 SCALE I' = 50' MOYER'S OTHER LAND MOYER'S OTHER LAND ORNDORFF 0,0FROMAV, RUN oy c' Od The above tract of land, located on the North side of Road No. 623 and about 1 mile Northwest of Marlboro, and situate in Back Creek Magisterial District, Frederick County, Virginia, is bounded as follows: Beginning at (1) a point in the center of Road No. 623 in the center of a bridge over Fromans Run; thence with the center of Road No. 623 N 80 deg. 35 min. W 100.0 feet to (2) a point in the center of Road No. 623; thenc N 64 deg. 17 min. W110.0 feet to (3) a point in the center of Road No. 623 opposit an iron peg on the North side of the road; thence with 2 new division lines throuo the land of Moyer PJ 37 deg. 10 min. E 241.7 feet to (4) an iron _peg;':: thence :••3 _f 3 _d 37 min. E 201.5 feet to (5) an iron peg by a wire fence in the center of the old abandoned mill race in Orndorff's•line; thence with Orndorff S 32 deg. 04 mina`W 20.6 feet to (6) an iron peg in the center of the old mill race; thence S 39 deg. 00 min. W 176.7 feet to the point of beginning, containing 1.0 Acre more or less. RICHARD U. GOODE Certified Surveyor October 31, 1961 4228 VIRGINIA FREDERICK COUNTY, (SCT. This instrument of writing was produced to me on the 6th day of November, 1961 at 9:45 A. M. and with certificate of acknowledgment thereto annexed was admitted to record. VARIANCE APPLICATION #06-05 LAWRENCE PLASTERS Staff Report for the Board of Zoning Appeals Prepared: February 28, 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: March 15, 2005 - Action Pending LOCATION: Off of Wardensville Grade (Route 608), right onto Capon Springs Trail, right onto Aster Trail, and third lot on the right. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBERN: 69A01-30-10 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) District Land Use: Vacant ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Use: Vacant South: RA (Rural Areas) Use: Vacant East: RA (Rural Areas) Use: Vacant West: RA (Rural Areas) Use: Vacant VARIANCE REQUESTED: The applicant is requesting a variance of 25'front and rear, and 40' left and right sides. REASON FOR VARIANCE: The lot predates the current zoning ordinance with regards to RA setbacks and prevents any new structure to be built. Variance Request #06-05, Lawrence Plasters February 200, 200005 Page 2 STAFF COMMENTS: This property was created in 1970 as noted by the deed and plats included in your agenda. Frederick County adopted performance zoning inl967. The Frederick County historical zoning map shows this property was zoned A-1 (Agricultural Limited) in 1967. The property setback lines at the adoption of the zoning ordinance were 35'front and 15'sides. Frederick County amended its Code in 1989 to change the rural zoning districts to the current RA (Rural Areas) zoning district. The current setbacks for property in the RA zoning district abutting lots with residential use are: 60'front, 50'rear and sides. STAFF CONCLUSIONS FOR THE MARCH 15, 2005 MEETING: The Code of Virginia, Section 15.2-2309(2), states that no variance shall be authorized by the Board unless it finds that a) strict application of the Ordinance would produce an undue hardship; b) that such hardship is not shared generally by other properties in the same zoning district and the same vicinity; and, c) that the authorization of such variance will not be of substantial detriment to adjacent property, and that the character of the district will not be changed by the granting of the variance. The applicant is seeking a variance of 25' front and rear, 40' left and right sides of this property. Should this variance be granted, the building setbacks for this property would be: 35' front, 25'rear and 10'sides of the property It appears that this variance meets the intent of the Code of Virginia, Section 15.2-2309 (2), and this request for a 25'front and rear, 40'left and right sides variance from the current setbacks of the RA zoning district may be justified. NICHOLSON, WILLIAM E SR 69 1 6 N\CNO,_S N w\��\PN` E ti w Q m 'J N W = \ d U = 4 2 Q U Wu � W\LL\PM ESR & SgSPN K N1CH01.SON, 69 SAL\S,M �P, 3D Dgg�S gRSpN,ON \5 P``D PND ON KEMp GE6 pG�30&� ORON E CE QLp, 69P 13 1 p 3 HEFSE 59PN oD 1 SpN ,R vN\ �t�E N X30 9Ng 6 69P SCHW ONMp3 3pHNF E `gE PNN G\PMg69P\N3D 16 FERR6 p 13053 \NC !Noss Nu 69P 130 11 gRL\69P D3D\31 G Pg PMS r 691 d pn S9 lCD ,ip pERR6 p 13ot a\N Cgp &NORMP�. OgR\P\' NORMPN69PN1 D 3D MCopb P�03 O� G NORMPN'69PN1 D 2 ARNP, RSNp%glk. FORRE69P 130 2D b9P� 41 PERRV,SS 130528 \NC MESE. 0 R\CHR M W\ESE 130 69P SZ\C69P�1� 21 MCWHp 6gPR1 0Mp2 H SR GEOkGEE. Plav0 , 130 \NC 22 new PERR6 P 13054 PERR59P X3052 \NC gGHCJR CREG69P Alt 23 a 0 a� K NICHOLSON,W69\1M 4R&SHSPN z SHEES 69 9"?, 's r 0 0 m� z� Y J b r'- Z ESS X59 130 6 i m 0 N \Na,f3MPRH pGp 69P OCON\56\P 130 F2 MPRV KL B9A 130 \ 0 130 � a N Q 16ONN1EW r'- J m ESS X59 130 6 i m GNR\SZ\NE �a 3 K\MgE69P 13D S o C3 0 N \Na,f3MPRH pGp 69P OCON\56\P 130 F2 MPRV KL B9A 130 \ :�i: v.� � APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA 1. The applicant is the owner 2. APPLICANT: NAME: /L4 fE,_,� s ADDRESS �/O SOC f�%P�ii/ TELEPHONE: (S� �� ,7 7 - OCCUPANT: (if different) NAME: ADDRESS: TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): 6 H �U %� Gy,'�1��/ 4,,17 '' 9_y 3 rd L �- 4. The property has a road frontage of /0 C feet and a depth of L o 10- feet and consists of IA acres (please be exact). I` Page 5 of 9 5. The property is owned by�%✓✓ �•✓c ��a�,; f as evidenced by deed from � T ayc, ��, �✓��, recorded (previous owner) indeed book no. 8 0 on page of the deed books ofthe Clerk of the i.ollrt - Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: 7. Property Identification No.: �^ 1 C / - j ' /0 8. The existing zoning of the property is: K, 4 le. -11-f _ „/ r�:X4 L 9. The existing use of the property is: 10. Adjoining Property: USE ZONING North 114L-4 X,r East South West 11. Describe the variance sought in terms of distance and type. (For example: "A 3.5' rear yard variance for an attached two -car garage.") 12. List specific reason(s) why the variance is being sought in terms of- exceptional f exceptional narrowness, shallowness, size or shape of property, or r q4A fZ5 1,4c Ad % I�Gi '% 0:sJ 4 exceptional topographic conditions or other extraordinary situation or condition of property, or the use or development of property immediately adjacent thereto Page 6 of 9 13. Additional comments, if any: — �C /-�,�f ��<✓� �,�;�� cJ;t�� , �,,,�� -- 7-5 /L, .c „/� fit' 2 -`✓' :✓/!�� i'J - '[ J V'iI/�r1✓�z L✓ ICY Jam✓^ !3«zf FL VOL", '� 0 14. The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the properly 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: I�/_\71N Cr <_-A ri„S i'4L' �. 1= v �✓�1 Address- 3f 6 oAlf v/�W CI -)L 0 • :1 ; /9 c /D-:/u� i✓ r Property ID # / 0/ ,- 3 n _ 1 S /2q/��' y�z � �'�'r � S �,✓ Address �`.�/'�"© /�.��,�� Ai y4 �� Property ID # _ 0 _ Address �f 9F.�� 13 Property ID# 4 0/ ( #44 c Address 1 -IL-7 nl d �i f` � , IL16, r0 e-1 e Property ID 4' # /c, A�` ,� 71_ << rSy w�l�yco Address Property ID # Address Property ID # Address Property ID # Address Property ID # Page 7 of 9 15. Provide a sketch of the property (you may use this page or attach engineer's drawing). Show proposed and/or existing structures on the property, including measurements to all property lines and to the nearest structure(s) on adjoining properties. Please include any other exhibits, drawings or photographs with this application. Page 8 of 9 AGREEMENT VARIANCE # 6 6 - 05 (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 M f my SIGNA DATE SIGNA -OFFICE USE ONLY- BZA PUBLIC HEARING OF4DA- APPROVAL 5 ACTION: SIGNED: BZA CHAIRMAN DENIAL DATE: Page 9 of 9 County of Frederick: Winchester VA 2260! 71 AGENT: 00ER NAME/ADDRESS PLASTERS, LAWRENCE E 640 BACK MOUNTAIN RD WINCHESTER, VA 22602 PHONE: 540-277-9443 Setback Report PERMIT NUMBER: 0000195 - 2005 USBC: 2000 APPLICATION DATE: 1/25/2005 ISSUANCE DATE: RENEWAL DATE: DATE: 1/27/2005 SITE ADDRESS CONTRACTOR NAME/ADDRESS OWXER Aster Trail Lot 10 00000 PHONE: RE ACCOUNT#: 21442 DESCRIPTION OF CONSTRUCTION LOCATION TAX ''AP NO.: 69A 130 10 LOT: 0 BLOCK: SECTION: BLDG NO.: ----------------------------------------------------------------------------------------------------------------------- SET-BACKS: HEALTH PERMIT NO.: DISTRICT: BACK: CREED` FRCNT: 40' BACK: 130' FLOODPLAIN: SUB -DIVISION: RIGHT: 25' LEFT: 25' AREA: Round Hill LONE: Rural Areas CNTR F"RTGE: RIGHT-OF-WAY: S/E CUP NO.: SITE PLAN: DI.R-ECTIONS TO SITE: Rt. 50W to Rt. 6149 Rt. 600 intersects with Rt. 6081 4 miles on Wardensville Grade, will be right on Capon.Springs Trail, 400 feet, right on Aster Trail, lot on right, 3rd lot in. lap Book: USE GROUP: Use Group "R" Residential USE CODE: Single Family Dwelling SD FEET: .TYPE: New P'ATURE/WRK: Single Family Dwelling ---------------------------------------------------------------------------------------------------------------------- Setback Report * MINIMUM SETBACKS * FRONT 35' # BACK: 25' RIGHT 10' * LEFT 10' iF JOB VALUE: PERMIT FEE: TOTAL FEES: -------------------------- I SURVEYOR INFORMATIO'4 I tiRME; DATE OF SURVEY: 1 ------------------------- REQUIRED SIGNATURES iF �F --------------------- FRONT: BACK: RIGHT: LEFT: SEAL County of Frederick, Virginia 2 INSPECTIONS DEPARTMENT BUILDING PERMIT THIS CARD MUST BE POSTED ON THE JOB SO IT CAN BE SEEN FROM THE ROAD Protect From Weather This PERMIT is issued for construction in accordance with the provisions of the VIRGINIA UNIFORM STATEWIDE BUILDING CODE Permit Number / 9 S-0 S Owner L Location Date of - Type Buildin ;.� INSPECTIONS Contractors, Erectors, or Owners of buildings or structures must notify the Inspector at the following points of construction, and they shall not proceed beyond these points until the Building Inspector has inspected and approved the work. Inspectors Failure to call for inspections constitutes A VIOLATION OF THE LAW. Initials o.k. Date 1.) FOOTING INSPECTION: Call for footing inspection after the footings have been excavated, any forms and steps have been constructed, any reinforcement has been installed and grade pins have been set prior to placing any concrete. 2.) FOUNDATION INSPECTION: Call for foundation inspection after, foundation walls have been constructed and waterproofed, anchor bolts have been installed, prior to doing any backfilling. 3.) SLAB INSPECTION: Basement and floor slabs, poured concrete foundation walls, and any self supporting slabs must be inspected to ensure placement of vapor barriers and reinforcements, or contraction joints 30' on center. 4.) FRAMING INSPECTION: Call for framing inspection after all framing, firestopping, rough plumbing, electrical, masonry, including fireplaces and chimneys are complete and prior to concealing same. 5.) INSULATION INSPECTION: Call for insulation inspection after insulation is installed. 6.) FINAL INSPECTION: Call for inspection when structure is complete and ready for occupancy. 7.) OTHER INSPECTION: In addition to the called inspections above, the Building Department may make or require any other inspection to ascertain complaince with the Code. 8.) Call for plumbing and electrical inspections as needed and prior to concealing same. To schedule any of the above listed inspections please call 665-5650. MECHANICS LIEN AGENT INFORMATION- Name: I" '� Address: Building Official/Inspector Phone Number: NONE DESIGNATED (D REGIONAL SALES CONTRACT This SALES CONTRACT ("Contract") is made on February 11 , 2005 ("Contract Date") between Daniel W. Burrier ("Purchaser") and Toospruce Construction L. L. C ("Seller") who hereby confirm and acknowledge by their initials and signatures below the prior disclosure that in this real estate transaction Keller williams Realty ("Listing Company") represents the Seller, and Keller Williams Realty ("Selling Company") represents )( the Purchaser OR ❑ the Seller. The Listing Company and Selling Company are collectively referred to as ("Broker"). (If the brokerage firm is acting as a dual representative for both the Seller and the Purchaser, then the appropriate disclosure form is attached to and made a part of this Contract.) 1. REAL PROPERTY. The Purchaser will buy and the Seller will sell for the sales price ("Sales Price"), the Seller's entire interest in the land (with all improvements, rights and appurtenances) described as follows: TAX Map/ID # 69 A 01-30-10 Legal Description: Lot(s) lot 10 Aster Trail Block/Square Section 30 Subdivision or Condominium Shawneeland , Unit # Parking Space(s) # all County/City Winchester . Deed Book/Liber Page/Folio # Street Address: Lot 10 aster Trail - Shawneeland State VA Zip Code 22603 ("Property"). 2. PERSONAL PROPERTY, FIXTURES AND UTILITIES. The Sales Price includes the following personal property and fixtures: A. Any existing built-in heating and central air conditioning equipment, plumbing and lighting fixtures, sump pump, attic fans, storm windows, storm doors, screens, installed wall-to-wall carpeting, window shades, blinds, smoke and heat detectors, tv antennas, exterior trees and shrubs and, B. The items marked YES below as currently installed or offered. YES NO YES NO YES NO YES NO E ❑ Stove or Range ❑ E Disposer E ❑ Ceiling Fan(s) # 2 ❑ E Alarm System ❑ E Cooktop ❑ E Freezer ❑ E Washer ❑ E Intercom ❑ E Wall Oven(s) # ❑ E Window Fan(s) # _ ❑ E Dryer ❑ E Storage Shed(s) # E ❑ Refrigerator(s) # 1 ❑ E Window A/C Unit(s) # _ ❑ E Furnace Humidifier E ❑ Garage Opener(s) # 2 E ❑ w! Ice maker(s) # _ ❑ E Pool, Equip. & Cover ❑ E Electronic Air Filter E ❑ w/ remote(s) # 2 E ❑ Dishwasher ❑ E Hot Tub, Equip. & Cover ❑ E Central Vacuum ❑ E Playground Equipment I ❑ Built-in Microwave ❑ E Satellite Dish & Equip. ❑ E Water Treatment System ❑ E Wood Stove ❑ E Trash Compactor ❑ E Window Treatments E ❑ Exhaust Fan(s) ❑ E Fireplace Screen/Doors Other: WATER, SEWAGE, HEATING AND CENTRAL AIR CONDITIONING: (Check all that apply) Water Supply: ❑ Public E Well 1 Hot Water: ❑ Oil ❑ Gas E Elec. ❑ Other Sewage Disposal: ❑ Public E Septic # BR 2 Air Conditioning: ❑ Oil ❑ Gas E Elec. ❑ Heat Pump ❑ Other Heating: ❑ Oil ❑ Gas E Elec. 0 Heat Pump ❑ Other 3. EQUIPMENT, MAINTENANCE AND CONDITION. The Purchaser accepts the Property in the condition as of the Contract Date except as otherwise provided herein. The Seller warrants that the existing appliances, heating, cooling, plumbing, electrical systems and equipment, and smoke and heat detectors (as required), will be in normal working order as of the possession date. The Seller will deliver the Property in substantially the same condition as on the Contract Date and broom clean with all trash and debris removed. The Purchaser and the Seller will not hold the Broker liable for any breach of this paragraph. 4. PRICE AND FINANCING A. Down Payment g X B. Financing 1. First Trust 2. Second Trust 3. Seller Held Trust - addendum attached TOTAL FINANCING SALES PRICE -U7, 000',—Do o $ .&0 loot), 1-" 0 Regional Sales Contract - 9/99 K1261 Page 1 of 5 Please initial: Purchase Ib / Seller ! Keller Williams Realq, 611 W. Jubal Earle Drive Winchester, VA 22601 Phone: (540) 665 - 2200 353 Fax: (540) 535 - 1041 Amanda Slate Daniel Burrier Produced with ZipForm" by RE FormsNet, LLC 18025 Fifteen Mile Road, Clinton Township. Michigan 48035, (800) 383-9805 CERTIFIED MAIL February 23, 2005 Mr. Lawrence E. Plasters 640 Back Mountain Road Winchester, VA 22602 RE: Lot 10, Duck Run, Tax Map Number 69A-1-3 0-10 Dear Mr. Plasters: COUNTY of FREDERICK Inspections Department John S. Trenary, Building Official 540/665-5656 Fax 540/678-0682 5 LE W E � f rr^l 2 5 n `, 1 i PUU1,1TY This office received a letter from the Planning Department requesting a stop work order be placed on the above mentioned job, due to the wrong building setback lines being approved (copy enclosed). This is a violation under the following sections of the Uniform Statewide Building Code. Section 111.7 Functional design approval. Pursuant to S 36-98 of the Code of Virginia, certain state agencies have statutory authority to approve functional design and operation of building related activities not covered by the USBC. The building official may refuse to issue a permit until the applicant has supplied certificates of functional design approval from the appropriate state agency or agencies. For purposes of coordination, the locality may require reports to the building official by other departments as a condition for issuance of a building permit or certificate of occupancy. Such reports shall be based upon review of the plans or inspection of the project as determined by the locality. All enforcement of these conditions shall not be the responsibility of the building official, but rather the agency imposing the condition. 120.1 Stop Work Order; Notice to owner. When the building official finds that work on any structure is being executed contrary to the provisions of the USBC or any pertinent laws and ordinances or in a manner endangering the general public, an order may be issued to stop such work immediately. The stop work order shall be in writing. It shall be given to the owner of the property involved, or to the person doing the work. It shall state the conditions under which work may be resumed. No work covered by a stop work order shall be continued after issuance, except under the conditions stated in the order. 107 North Kent Street • Winchester, Virginia 22601 P 1a.�tGr S Lett r Page Two This letter is to serve as a official stop work notice. No work is to proceed until the setback issues have been resolved and confirmation of approval is given by the Planning and Development Department. Please be aware that the above is subject to appeal under Section 106 of the Uniform Statewide Building Code. Sincer ly, John S. Trenary, C A Building Code Official cc Mark R. Cheran, Zoning Administrator COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX- 540/665-6395 February 23, 2005 Frederick County Inspections Department Attn: John Trenary Frederick County Building Official 107 N. Kent Street Winchester, VA 22601 RE: Stop Work Order for Zoning Violations Dear John: This letter is to inform you that a building permit has been issued with the wrong building setback lines (Permit 195-05). I am requesting a stop work order be issued for this permit. The applicant is in the process of abating this violation Please contact me at (540) 665-5651 regarding any questions that you may have. Sincerely, ' f -k R. i�fierart" - - Zoning Administrator MRC/bad 107 North Kent Street; Suite 202 • Winchester, Virginia 22601-5000 j1 Z of i Health Department Identification Number o6q O `f -7 .thematic drawing of sewage disposal and/or water supply system and topographic features. Show the lot lines of the building site, sketch of property showing any topographic features which may impact on the design pf the well or sewage disposal system, including existing and/or proposed structures and sewage disposal systems and wells within 200 feet. The schematic drawing of the well site or area and/or sewage disposal system shall show sewer lines, pretreatment unit, pump station, conveyance system, and subsurface soil absorption system, reserve area, etc. When a nonpublic drinking water supply is to be.permitted, show all sources of pollution within 200 feet. ❑ The information required above has been drawn on the attached copy of the sketch submitted with the application. Attach additional sheets as necessary to illustrate the design. 200 76 _ 5' I I II � I I II I I I IIII I I IIII I I I III I SEPTIC/ EPTIC S TANK 25 NK 25 11 HOUSE loo 70 3 5 0 3S� i I I I I 50'+ MILO KEEP DRAINFIELD 5'+ FROM PROPERTY LINE SHALL W PLACED LP RESERVE AREA 25 BY 70 100 J PROPOSED WELL 5' FROM PROPERTY LINES INSTALL 6-85' DITCHES ON CONTOUR KEEP HOUSE 20'+ FROM RESERVE AREA AND SEPTIC TANK AND 50'+ FROM WELL. KEEP WELL 50'+ FROM ALL DRAINFIELD COMPONENTS AND HOUSE. This sewage di osal system and/or water supply is to be constructed as specified by the permitorattached plans and specifications . This sewage disposal system and/or well construction permit is null and void if (a) conditions are changed from those shown on the application (b) conditions are changed from those shown on the construction permit. No part of any installation shall be covered or used until inspected, corrections made if necessary, and approved, by the local health department or unless expressly authorized by the local health dept. Any part of any installation which has been covered prior to approval shall be uncovered, if necessary, upon the direction of the Department. Date: 9 6 Issued by: This Construction Sanitar Permit Valid until Date: 5' Reviewed by: & Q7-lg-G� Supervi oryanitarian - --------------------------------------------------------------------------------------------------------------------------------------- If FHA or VA financing #1789 MARJEC, INCORPORATED - DEED OF DEDICATION ************************ II BOOK i16 pACE vu�u THIS DEED OF DEDICATION, made- and dated this 13th day of July, 1970, by Marjec, Incorporated, a corporation I organized and existing under the laws of the State of Maryland f � and licensed to do business in the State of Virginia, which is I the land owner in those four (4) certain plats and surveys, I' to -wit: Plats 1 and 2, Section 30, Shawnee Land, dated June 5, l i 1970, and Plats 3 and 4, Section 30, Shawnee Land, dated June i 30, 1970, all of which are drawn by Darrell E. Rodgers, Certified Land Surveyor, and attached hereto and made a part of this deed of.dedication. WHEREAS, the Board of T_irectors of Marjec, Incorporated by its Charter and By-laws, has authority to buy, i subdivide and sell real estate; and, WHEREAS, the Board of Directors of Marjec, Incorporated on Motion duly made, seconded and passed at a I regularly called meeting for this purpose, by its consent and authority has approved the aforesaid plats for the subdivision of its land lying and being situate about ten (10) miles Southwes i of Winchester, Virginia, in Back Creek Magisterial District of i 1 Frederick County, Virginia, arl designated as follows: "Plat 1, i ! 3 Section 30, Shawnee Land", containing lots 1 through 7, and 18 € through 24, fronting on Abelia Trail and Capon Springs Trail;' I 1 { "Plat 2, Section 30, Shawnee Land" containing lots 7 through 18, i f and fronting on Capon Springs Trail and Aster Trail; "Plat 3, I Section 30, Shawnee Land" containing lots 25 through 31 and 39' � through 45, fronting on Beta Trail and Capon Springs Trail; and BOOK 367 PACE 584 I "Plat 4, Section 30, Shawnee Land", containing lots 31 through 39, fronting on Capon Springs Trail and Bee.Trail. This is property that was conveyed to Marjec, Incorporated by deed from Robert Cone Williams and wife, dated June 19, 1956 and recorded in the Clerk's Office of the Circui.t Court of Frederic k County, Virginia, in Deed Book 242, Page 26. WHEREAS, the said deed of dedication does not include the dedication of streets, trails or rights of way set i forth on said plats for the use and benefit of the public,.but only as a right of way to and from said lots for the use and benefit of the lots owners and members in good standing and their approved guests, agents and invitees of the Grantor and its successors in title; and, i WHEREAS, it was further resolved by the Stockholders of Marjec, Incorporated that the President and Secretary of I I Marjec, Incorporated be directed to execut6 and acknowledge: the same on behalf of the Corporation and to see to it that it is approved by the proper officials of said County and State, and I that the same be recorded by the Clerk of the Circuit Court of Frederick County, Virginia among the land books of said County. i This deed of dedicatinn to said lots is made subject to all the following restrictions and covenants which shall be deemed to run with the land for the mutual protection and benefit of all lot owners: (1) No structure or building of any kind, or MASSIE AND SNARR construction of any sort shall be placed or constructed upon this Arraaxcrs Ar uR RINENESTE E, YIEaIMU property unless and until plan and description of same shall have i 2 _ MASSIE AND SMARR AnoAxcrA IT LAW w�xcxunR. nRCIx1A �I Boa 367 PnnE 585 been submitted in duplicate to, and approved in writing by the Architectural Committee appointed.by the Board of Marjec, Inc., or other proprietor. (2) Except with the written consent of the Architectrual Committee, no structure, tent, outside toilet, or other living quarters, temporary or permanent, shall be placed, upon any part of the property covered by this deed of dedication. The use of house trailers is not permitted in the subdivision development known as Shawnee Land. (3) Building may be of a contemporary period or modern deisgn, and may be constructed of wood, logs, stone, masonry or composition, but must be finished or painted in such a manner as not to detract from, or mar the natural beaty of the surroundings. (4) In the event a non-governmental central water system is installed, or this property is on an existing system which se vices the lot in this deed of dedication, there will be. a minimum nnual front foot benefit fee of 15 cents per front foot, not to exceed 100 feet per lot. This charge will become effective only after the non-governmental water.system is avail- able to the lots in this deed of dedication. (5) No outhouses shall be permitted on any part of the property. All toilet facilities must be within the main dwelling. (6) No structure may be placed nearer than twenty- five feet from any front:or ten feet from any side or rear line of any abutting property line. 3 - If BOOK 367 PnE 586 (7) No cabin or dwelling shall be built unless it contains a minimum floor area of 400 square feet exclusive of porches and patios, and the side nearest the road is at least 20 feet wise. (8) No more than one building (single family use) may be built on any one lot except on lots designated for i multiple units. I (9) Garages, porches and patios, carports or car shelters, if built, shall be attached to, and a part of the main dwelling. (10) No lot may be subdivided, or easements granted f j without written approval by Marjec; Inc., or other proprietor. i (11) MEmbers and their guests shall comply with all existing or future Federal, State and County laws, regulations, ordinances and the like, or any duly promulgated regulations of the Board of.Marjec, Inc., Grits assigns. (12) No open fires shall be permitted on any .part,, of the property. outdoor fireplaces, if built, and all chimneys shall be provided with fire screens. I(13) No building shall be used for any other, than.., single family residential purposes (except on lots otherwise designated by Marjec, Inc., or other proprietor) and no offensive i trade or other offensive activity shall be carried on, on said lots, nor shall anything be done thereon which may constitute or become an annoyance or a nuisance. (14) No trees over two inches in diameter shall be MASSIE SMARR osxc s a uw VING-. I cut down without permission of the Architectural Committee. 4 - ~anovxncoar urp II BOCK 367 PAGE 587 (15) No signs of anyy nature_ whatsoever shall be it permitted on the property except one name sign not exceeding 6 inches in height and 36 inches in length. (16) Garbage must be kept•in covered metal i i containers, or buried, and trash, tin cans, bottles, paper, etc. shall be kept in wire or mal containers, or buried. (17) No rifles, shotgurG or small arms shooting I shall be permitted anywhere in Shawnee Land, except in areas i reserved and designated for such use by Marjec, Inc. (18) All roads and driveways within the property §ereby conveyed are to remain private, to be used by members in good standing and their approved guests only. (19) Seller reserves a right-of-way with right of entry upon, over, across and through said lot for the -purpose of constructing, operating, -,maintaining and repairing, pc le lines for electrical and telephone service, and other utilities, reserving to the seller the sole right to convey the rights hereby reserved. I (20) All Membership Applications and Sales Contract including originals, resales, etc. are subject to the approval of the Board of Directors of Marjec, Inc., or other proprietor t and the right of said Board of Directors to iefuse saidcontracts and applications is reserved. Membership in the Dhawnee Land I Club in the subdivision development known as Shawnee Land is mandatory for all persons owning property in Shaunee Land. (21) This deed of dedication does nctinclude the I dedication of the streets, trails or rights of way set forth on 5 - I BOOK 367 PACE. 588 said plats for the use and benefit of tfie public, but only as a right of 'way to and from said lots for the use and benefit of the members in good standing and their approved guests. The said Corporation does hereby declare that it is the owner of said property and that it desires to dedicate and does hereby make this deed of dedication of said subdivision of its own free will and consent. WITNESS the following signatures of Donald R. Lamborne, President of Marjec, Incorporated, and its Corporation .... Seal hereto affixed and attested by Jean Lamborne, its Secretary, first date hereinabove written. MARJEC, INCORPORATED By $ Donald R. Lamborne, President (Corporate Seal) kl Attest By: 'Secretary r>. koo,� 4-m r Isv A �4 A crr- rL5a . STATE OF MARYLAND COUNTY OF MONTGOI�MRY, To -wit: H. R. aulq a Notary Public ji in and for the State and County aforesaid, do hereby certify that j� 170m L5.q 05)eX115 Donald R. Lamborne', and, Je&n�bL � President and/tSecretary of Marjec, Incorporated whose names are signed to e foregoing deed of dedication bearing date the 13th day of 1970, have personally appeared before me in my County and State aforesaid, and acknowledged the same. Given under my hand this _qr�ay of 1970 mAsMe AN. 51VARR rip;ics July 1, V74 R11CHEITER. VIRGINIA Mycommission expires Notary Public 6 0 367 ,2 m_oa oa_ w ^a;, CAPON SP N- /2'06 " bs/ f Zoo 000 1 � J U `yell o �I� �'jo zoo��# p14 0l° zvoaog �� rr1. r1*I rl -•, T ~ G � ' � .,� cn d`dC' " r'�. '\ Z'OCf' [� `' ` _ •s '�I r^ ,�n Zoo 20> ❑ H V) a o 21 rj fq i r p ate. I - ... Jay of ....� _ -_......,.... -5 4 66