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BZA 08-15-06 Meeting AgendaAGENDA FREDERICK COUNTY BOARD OF ZONING APPEALS The Board Room Frederick County Administration Building 107 N. Kent Street Winchester, Virginia August 15, 2006 3:25 p.m. CALL TO ORDER 1) Determination of a Quorum 2) Minutes of July 18, 2006 PUBLIC MEETING — OLD BUSINESS 3) Continuation of Variance Request #10-06 of Kay -Mor, Inc., and Debra Toms, submitted by Clinton R. Ritter, Esq., for a 30' variance on the eastern side of the property. This property is located on the east side of Sulphur Springs Road (Route 655), 1/10 mile north of the entrance to the County Landfill, and is identified with Property Identification Number 65-A-176 in the Shawnee Magisterial District. PUBLIC HEARING 4) Appeal Application #08-06 of Arogas, Inc., submitted by Mark E. Stivers, Esquire, to appeal the decision of the Zoning Administrator regarding the proffered uses on this property and rejection of a site plan for the uses on this property. The subject property is located at the intersection of Rest Church Road (Route 669) and Route 11 North, and is identified with Property Identification Number 34-A-4 in the Stonewall Magisterial District. 5) Variance Request #15-06 of Jay Mergler, submitted by H&H Builders, for a 15 foot front yard variance and a one foot rear yard variance for the construction of a single family home. This property is located on High Street (Route 635), 0.1 mile on the right, and is identified with Property Identification Number 91A03-164-15 in the Back Creek Magisterial District. 6) Other FILE COPY MEETING MINUTES OF THE FREDERICK COUNTY BOARD OF ZONING APPEALS Held in the Board Room of the Frederick Count;, Administration Building, 107 N. Kent Street, Winchester, Virginia, on, July 18, 2006. PRESENT: Theresa Catlett, Chairman, Opequon District; Robert Perry, Vice Chairman, Stonewall District; Dwight Shenk, Gainesboro District; Lennie Mather, Red Bud District; Kevin Scott, Shawnee District; and Robert W. Wells, Member -At -Large. ABSENT: Dudley Rinker, Back Creek District STAFF PRESENT: Mark R. Cheran, Zoning and Subdivision Administrator; Kevin Henry, Planning Technician; Lauren Krempa, Zoning Inspector; 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. Shenk and seconded by Mr. Perry, the minutes for the June 20, 2006 meeting were unanimously approved as presented. Chairman Catlett asked Mr. Cheran the cut-off date for the next meeting. Mr. Cheran replied that Friday, July 21, 2006, is the cut-off date. PUBLIC MEETING — OLD BUSINESS Variance Request #11-06 for Funkhouser Lots, Lot 35, submitted by Artz and Associates, PLC, for a 40' side yard variance on both sides. This property is located at 113 Callaway Court, and is identified with Property Identification Number 76A-1-35 in the Shawnee Magisterial District. ACTION — VARIANCE DENIED Mr. Henry gave the staff report. This item was before the Board last month. As a brief overview, Mr. Henry stated there is an existing house on the property. The setbacks for the property would require it to be 60 feet off Callaway Court as well as 60 feet off Route 522. The side property lines are the issue today and what's being requested for the variance. They need 50 feet on both sides and they're asking for a 40 foot variance on both side yards. The applicant did mention they would be willing to drop it down to 35 feet if the Board wishes. If these setbacks were approved, they would change to 10 feet on both side yards. Chairman Catlett said to clarify this, there is an existing house on the lot presently that is being occupied as a residence. Mr. Henry replied yes. Ms. Mather asked if it has well and septic and Mr. Henry stated he believes it's outside of sewer and Minute Book Page 1391 Frederick County oar of Zoning Appeals Minutes of July 18, 2006 water. Mr. Mike Artz, who is representing the property owner, approached the podium. Mr. Artz stated the lot is just under 8,000sf. Some additional information has come to light since the last meeting. Mr. Artz did go out and locate the house and the existing house is partially located on Lots 35 and 36; it straddles the property line. The house is definitely going to be demolished; there's no way the existing house could be utilized to be rebuilt within the same building footprint. Mr. Artz further stated that he had amended the request from a 40 foot variance to a 35 foot variance, and that still stands. He is requesting a 35 foot variance, leaving 15 foot side yards, which would leave exactly 20 feet of building area. Chairman Catlett stated that the concern she has is whether it actually meets the definition of the hardship that this Board is faced with complying with. Mr. Artz stated that the existing house does straddle the property line with Lots 35 and 36 and Lot 36 was approved at the last meeting. Mr. Perry asked Mr. Cheran if this request is denied, what would the outcome be with the house straddling the lot line. Mr. Cheran stated if it's denied, the variance approved on Lot 36 comes into play and will be affected. Mr. Perry stated that the Board didn't know about this issue at the last meeting. Chairman Catlett stated that when the plat was brought in on Lot 36, all they showed was the proposed structure for the variance request. They did not show any other structure that was existing on that lot. Mr. Perry stated that as a matter of record, why doesn't the existing house show, what portion of it, is on the plat for Lot 35? Mr. Cheran replied the current plat shows the proposed dwelling and that's what we usually request. We should have had the original plat. Mr. Artz stated the intention has always been to demolish the existing house so he felt that it wasn't important to show it. He sees, in retrospect, that he should have put it on and he will make sure that due diligence will apply in the future and he will show all existing structures. After discussion among Board members, Mr. Artz clarified that the existing house does have water and sewer and this lot will be accessing Callaway Court. Mr. Artz further stated that as far as the Board action on Lot 36, the existing house is going to be demolished one way or the other. If this variance is denied, Lot 35 will not be a building lot. Mr. Scott asked Mr. Artz if the owner of the property would consider consolidating the two lots, 35 and 36, rather than having two 20 foot wide homes. Mr. Artz stated that is a distinct possibility. He has not been instructed to offer that now, but it's very likely that it might happen because a 20 foot wide house is fairly small. It's basically a townhouse. But at this point, the request is to look at this lot by itself, but in all likelihood, they will probably come back with a request for two lots versus three lots. Mr. Wells made a motion to accept the request for variance #11-06 with the 35 foot side yard setbacks. Mr. Shenk seconded the motion. By majority vote, this variance was denied. Minute Book Page 1392 re enc County oar o1 /.oning Appea s Minutes of July 18, 2006 PUBLIC HEARING Variance Request #14-06 for Gregory Rinard for a 54' front yard variance and a 29' side yard variance on both sides. This property is located at 5978 Valley Pike (Route 11), and is identified with Property Identification Number 85-A-31 in the Back Creek Magisterial District. ACTION — VARIANCE APPROVED Mr. Henry gave the staff report. This property was created in 1954. Frederick County adopted performance zoning in 1967. 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' for the front and 15' sides. Frederick County amended its Ordinance in 1989 to change the rural zoning districts to the current RA (Rural Areas) Zoning District, making the current setbacks for the property 60' to the front, 50' to the rear, and 50' on both sides. 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 Mr. Henry further stated that the applicant is seeking a variance of six feet in the front and 21 feet on both side yards to build a residential structure of approximately 1,494.5 square feet in size. Should this variance be granted, the building setbacks for this property would be 54 feet in the front, 50 feet in the back and 29 feet on both sides. 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 maybe justified. Ms. Mather asked where the driveway will access from and Mr. Henry stated it will be from Route 11. Mr. Greg Rinard approached the podium and identified himself as the owner of the property in question. Mr. Rinard stated that the Health Department has approved the site in the back of the lot for a three bedroom perc. The driveway would be very simple to extend. There is a level driveway going into the property and to the back lot, there's a gradual slope. The purpose of this request is to build a retirement house for his mother and perhaps, someday, they would move into it for their retirement. Chainnan Catlett asked Mr. Rinard if he lives on Lot 13. Mr. Rinard responded their house is actually on Lot 14 and maybe part of Lot 13. The driveway is on Lot 13. Chairman Catlett asked if anyone else is present who would like to speak and no one responded. She asked if anyone who is opposed to the request who would like to speak. Mr. Julian Marple approached the podium. Mr. Marple is the son of Letha Marple, who lives next door. Mr. Marple opposes this variance because it would change the character of the district, the surrounding property values, and the proposed drainfield would push the house toward the front of the lot next to his mother. Minute Book Page 1393 re eric County oar o 7 -offing Appeals Minutes of July y8, 2006 Mr. Elton Mangum owns the property to the north of the Rinards. Mr. Mangum opposes this variance because of the parking situation. There will be one driveway going into the Rinard's home, then another driveway going to the proposed house. He's also concerned about the drainage from thunderstorms and snow melting. Ms. Sue Teal, an adjoining property owner, also opposes the variance. One of Ms. Teal's concerns is if the variance is granted, the Board will be setting a precedent. Chairman Catlett stated that actions taken by this Board are not considered to set precedent. Mr. Rinard stated he would like to address some concerns that were brought up. Mr. Rinard has a letter from the Health Department stating, "an acceptable site for a three bedroom shallow place drip irrigation sewage disposal system has been located on the subject property". The distance from the front of the proposed house to Mr. Marple's outbuilding is 79 feet. The distance from the proposed house to the back of his house is roughly 175 to 200 feet. The front of the proposed house to the Mangum's closest building is roughly 150 feet. As far as the property values in the area, they plan on building a nice home. Mr. Rinard stated they do have too many vehicles and he plans on selling a trailer. There is an attached garage for parking for the proposed house. As far as the runoff, there is approximately a two foot high bank between his property and Mr. Mangum's property. It would take a lot of water to get over that two foot bank. Chairman Catlett told Mr. Rinard she appreciates his efforts in trying to address the concerns, but these are issues that this Board cannot do anything about. If the variance is granted, then it would move on to other areas of the County. Chairman Catlett closed the public hearing portion of the meeting. Discussion Mr. Scott made a motion to approve the request for variance. Mr. Perry seconded the motion and it passed unanimously. OTHER Chairman Catlett asked if there is any other business to come before the Board. As there were no other items or new business to be discussed, the meeting adjourned at 4:20 p.m. by unanimous vote. Respectfully submitted, Theresa B. Catlett, Chairman Bev Dellinger, Secretary Minute Book Page 1394 Frederick County oar of Loning Appeals Minutes of July 18, 2006 VARIANCE APPLICATION #10-06 KAY -MOR, INC., AND DEBRA TOMS Staff Report for the Board of Zoning Appeals Prepared: August 4, 2006 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: June 20, 2006 — Tabled August 15, 2006 - Pending LOCATION: East side of Sulphur Springs Road (Route 655), 1/10 mile north of the entrance to the County Landfill MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER(S): 65-A-176 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) Land Use: Vacant and Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) South: RA (Rural Areas) East: RA (Rural Areas) West: RA (Rural Areas) Use: Agricultural Use: Residential Use: County Landfill Use: Residential VARIANCE REQUESTED: A 30' side variance on the eastern side of the property. REASON FOR VARIANCE: The lot predates the current zoning ordinance with regards to RA setbacks. Variance Request #10-06, Kay -Mor, Inc., and Debra Toms August 4, 2006 Page 2 STAFF COMMENTS: This lot was created on April 11, 1966, as shown by the deed submitted with application. This lot was created prior to Frederick County adapting zoning on March 11, 1967. At the time of the adoption of the zoning ordinance, this 1.041 acre property was zoned A-2 (Agricultural General); shown on the Frederick County historical zoning map. The property setback lines for the A-2 (Agricultural General) were 35' front and rear and 15' on all sides. On December 11,1991, Frederick County amended its Ordinance to change the rural zoning districts to the current RA (Rural Areas) Zoning District, making the current setbacks for the property 60' front, 50'right side and 100'rear. Staff would note there are two other items to bring to the Board's attention. As noted by the maps in the application package, this property will be impacted by the proposed future Route 37. This property will also be impacted by the Frederick County Landfill. These two items should be considered with this variance. STAFF CONCLUSIONS FOR THE JUNE 20, 2006 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 30' on the eastern side of the property to build a residential structure of approximately 2,016 square feet in size. Should this variance be granted, the building setbacks for this property would be 60'front, 70'left side and 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. ACTION BY THE BOARD OF ZONING APPEALS AT THE JUNE 20, 2006 MEETING: There was a tie vote after a motion made by Mr. Shenk to approve this application and seconded by Mr. Wells. As the motion did not receive the required affirmative votes, this application is being brought back to the Board for conclusive action. 65 A 73 EFG INVESTMENTS, LLC Rt37 Bypass ,i ,: 350ft Buffer MVAR1006_Kay-Monnc_DebmTonos 65 A 181 MARTIN, CHESTER E. JR. s 65 A 182 4O 'TTI TIMOTHYV z 65 A 183 4SCHOTT, TIMOTHY y Sprili;'Rd ►__,� Nd -. 65 A 176 ss KAY MOR,,INCIN✓' 1• f- 65 A 168 CITY OF WINCHESTER & Kay -More, Inc & Debra Tom Variance # 10 - 06 (65-A-176) r i. 65 A 186 LAMBERT, EDWIN L,' Frederick County Dept of Planning 8 Development 107 N Kent SI 8 Winchester, VA 22601 www.CO.FREDER I CK. VA.US k ,wig O h _ � SCHOTT, TIMQTHYU o 7. ARM d �AR1a a 'R.Sulphur"�$p g?Rd >_ Q a KAY MOR,.INC Jw �sm kFI '•� O f w. f �. fie`➢ l a',,4 168 v , • t� �" CITY;OF�, WINCHESTER r _ `, a . �• w i Rt37Bypass Kay -More, Inc & Debra Tom N FrederickCeuntyDeptof 350ft Buffer w f,4 Planning & Development VAR7006_Kay-Monnc_DebraToms Variance # 10-06 7 to N Kent St s Winchester, VA 22601 -.CO.FREDERICK VA.US (65-A-176) TO: FROM: SUBJECT: DATE: COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/678-0682 ' 5 MEMORANDUM �? i7'v Mark R. Cheran, Zoning and Subdivision Administrator, Department of Planning and Development Harvey E. Strawsnyder, Jr., P.E., Director of Public Works A -�.a Variance Request, Tax Map #65-A-176 June 15, 2006 We have reviewed the variance request for the approximate one (1) acre parcel (TM #65- A-176) located on Sulphur Spring Road and have some serious concerns related to development of this lot for a residential dwelling. The plat included with the application indicates that a portion of the lot is inundated during the 100 -year flood event associated with Sulphur Spring Run. It appears that this information was derived from the FEMA flood maps. However, our department will require a detailed flood study in conjunction with a site plan prior to issuing a building permit. Historically, we have observed several flood events within the last 15 years that have covered the landfill entrance road which is located less than 100 feet upstream of this property. The plat indicates that the one (1) acre lot shares a boundary with the Frederick County Landfill property. If the variance would be approved, we strongly recommend that the property owner be required to inform any prospective home buyer that they will be living next to an active, permitted landfill. The fact that this property is located adjacent to the main entrance to the landfill should not relieve the property owner of this requirement. The property in question is also located within the proposed alignment of Route 37. The potential for this future road construction should be conveyed to any prospective home buyer. The term, "buyer beware," should not apply to this property. A drainfield area has been shown on the plat. However, to date, the health department 107 North Dent Street . Winchester, Virginia 22601-5000 Variance Request TM #65-176 Comments Page 2 June 15, 2006 does not have a permit application for this property on file. We will request that the health department staff perform an evaluation of this site because of the historically poor soil conditions. HES/rls cc: file C:\Program Files\WordPerfect Office I I \Rhonda\TEMPCOMMENTS\VARIANCEREQCOM.wpd CLINTON R. RITTER ATTORNEY AT LAW! 11 L 5 1006 205 EAST BOSCCAWEN STREET WINCHESTER, VIRGINIA 22601 540-662-7175 540-662-1038 fax July 5, 2006 Mark R. Cheran Zoning Administrator BY FAX 7/5/06 RE: Variance Request ##10-06 of Kay Mor, In.c. and Debra Toms Dear Mark: You. agreed to continue the above for a new review from the July, 2006 date to the August, 2006 date as I will be on. vacation.. Please advise in writing; this week as I will be leaving next week. Sincerely, Cl.imton R. Ritter Attorney at Law CRRAtf AY 19 2 M 6 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA -,OFFICE USE ONLY - Variance Application No_ /0'06 Submittal Deadline: E DG � Submittal Date: / cd For the meeting of o b -'"}l i3 Fee Paid: initials: Sign Deposit MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner x other . (Check one) 2. APPLICANT: OCCUPANT: (if different) Kay-Mor,lnc. NAME: Debra J. Toms NAME: N/A 3 0 ADDRESS 205 E. Boscawen St. Winchester, VA 22601 TELEPHONE: (540) 662-7175 ADDRESS: TELEPHONE: The property is located at (give exact directions and include State Route numbers): located on east side of Sulfer Spring Road (Route 655) 1/10 mile north of entrance to County Land Fill in Shawnee District of Frederick County, Virginia (Plat attached) The property has a road frontage of 345.99 feet and a depth of 230.35 and consists of 1.041 acres (please be exact). Page 5 of 9 feet 5. The property is owned by Kay -Mor, Inc., and Debra J. Toms as evidenced by deed from Eugene Maphis recorded (previous owner) in deed book no. 833 on page 1156 of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: Shawnee 7. Property Identification No.: Tm# 65-A-176 8. The existing zoning of the property is: eq - 9. The existing use of the property is: 10. Adjoining Property: North East South West USE Agricultural Land Fill Residential Residential residential location ZONING "?,4 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.") variance requested to change 100' set back line on one side to 70' set back to allow room for house location on lot 12. List specific reason(s) why the variance is being sought in terms of: - xx 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 residential, agricultural, and land fill Page 6 of 9 13. Additional comments, if any: Lot is grandfathered since 1966. It's a beautiful building lot for a home and was purchased for that reason. To deny this request would create an undue hardship. 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: City of Winchester & Frederick County Board of Supervisors Address 11 N. Cameron St. Wirlctres�er' Property ID # VA 65 A-168 Donald & Dianna Anderson Address 965 Sulpher Spring Rd Winchester, Property ID # VA 69 A -IRS Mark A. McIntire Address 945 Winchester, Sulphur Spring Rd VA Property ID # 65 A-184 Timothy W..Schott Address 143 Winehester, Jennifer Gt. VA Property ID 65 A-182 Roy Putman Address 912 Winchester,VA Sulphur Spring Rd Property ID # 65 A-177 Frederick County Board of Supervisors Address 107 N. Kent St. Winehester' VA - Property ID # 65 A -105A Address Property ID # Address Property ID # Page 7 of 9 i✓. Pr`�i`fide is Jiiet,h vi the grope ll y' (_y"v"ti � "" use tiiis page or atta:.0 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. Plat attached Page 8 of 9 Lo �_n T Zl H 1 O z O ¢i w cl- w 10, 5 V J j Q V Z M m ��sss 0 UJ In Q vl LL co W inZ�VH� O Z Z W LJ - o�0 H In MN J #�LLW = Q O W U- > �--1 = V F- v O m o n a P!- v> >z Q Z °° L1J �q v joLL- H HOC) U-) W O o g � w O ,L Ld0 LO 6'• a o r, ci Zen N Cl- V%�z � 9 lo 10 e w �s = O N �(D�� J z i r O N Nbo ONnn CIL- m(1)zzV) ��d w \ zNN X00 J J J J J J O J O D C,\� (O In�\ U ,0'09 1218 ,09 r p-4 i` O U O � C � o � o o _ u ,9£'OtZ 3 �81',Lb.90 N pZ to v �M o NN OLLIn�Q t�z p�OHr� 0\ ¢ OV oC'4�W ::E 0\ n ��U) H,- W rzoQ��t �aCF{U(bO\ LnD 10Q>"CLcf) m�Wz#T� `�.�Lu Cl-�> O C, � Zoa �aC ~ lnU, 3p¢WZ LL P. m Ci �n r-WOm W o i W Z N W m. o Mn U _ 1 n �n � 0� - n �� \�A �az9u a�� 0 oZv o,n�( �Mo� �9 �O 0Do W ySJ o- ao 00 , a �' m�a�d o r'- o oo coo II Q uqao II cn ooh zN 4 7Li 6 _co Z N II p Q� pGcq WW tp omv=i� V co C-DUONJOf_ nofncno Ur w oCD a-7 W m CkfQ 3 O Z N Mi AGREEMENT VARIANCE # / D — O 4 (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 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. NATURE OF APPLICANT DATE SIGNATUREJOF O NER DATE (� (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF % o o G ACTION: ,APPROVAL SIGNE ZA CHAIRMAN BZA PUBLIC, HEARING OF 8/15/06 ACTION: ✓/ DENIAL DATE: SIGNED: Page 9 of 9 DENIAL APPROVAL BZA CHAIRMAN 4�GK COGS o Special ]Limited Power of Attorney t County of Frederick, Virginia �rn 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) Kay -Mor, Inc. (Name) (Phone) ( 540) 665-7175 By bewis Dellifiger, President Debra J. Toms (Address) 2.05 F Rncrnwpn St_,WinChe„ctPr, ATA 99661 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. 833 on Page 1156 , and is described as 1.04 acre Sulpher Spring Road Parcel: Lot: Block: Section: Subdivision: do hereby make, constitute and appoint: (Name) Clinton R. Ritter (Phone) ( 540) 662-7175 (Address) 205 E. Boscawen St., Winchester, VA 22601 To act as my true and lawful attorney-in-fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: ❑ Rezoning (Including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision KI 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 Mithday of March , 2006 , Signature(s) r Debra J. Z`/oms State of Virginia, City/County of , To -wit: 1, , 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 , 200_ My Commission Expires: Notary Public BKu33Fv 1 I J6 DEED G9 �' `- THIS DEED, made and dated this (95 day of January, 1995, by and between EUGENE MAPHIS, party of the first part, hereinafter called the Grantor, and KAY MOR, INC., A Virginia Corporation, and DEBRA J. TOMS, Single, party of the second part, hereinafter called the Grantees. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant, bargain, sell and convey with General Warranty of Title, in fee simple, a one- half undivided interest to Kay Mor, Inc., A Virginia Corporation, and a one- half undivided interest, unto Debra J. Toms, Single, as tenants in common, all that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, containing two (2.00) acres, more or less, lying and being situate on the South side of Sulphur Springs Road, approximately four (4) miles East of the Corporate Limits of the City of Winchester, Virginia, in Shawnee Magisterial District, Frederick County, Virginia, and being the same property Eugene Maphis acquired by the Will of Thomas B. Jones, dated the 13th day of November, 1994, of record in the Office 1V of the Clerk of the Circuit Court of Frederick County, Virginia, in Will Book Ile 106, at Page 981, and being the same property Thomas B. Jones and Florance G. Jones, his wife, (now deceased) acquired by Deed dated the 11th day of April, 1966, from Estey C. Williams and Juanita Williams, his wife, said Deed being of record in the aforesaid Clerk's Office in Deed Book 321, at Page 357, Florance G. Jones, now deceased and all her right, title, and interest in the aforesaid property passed to Thomas B. Jones by the survivorship clause in said Deed, to which reference is hereby made to said Deed and to the as fit references therein contained for a further and a more particular description ,T Q w of the property hereby conveyed. -tz� 0 �— This conveyance is expressly made by the gross and not by the acre. This conveyance is hereby made subject to the easements, rights of way, v restrictive covenants affecting the same. The Grantor covenants that he has the right to convey said realty to the Grantees; that the Grantees shall have quiet possession thereof, free from all liens and encumbrances; that they have done no act to encumber said realty, and that they will provide such further assurances of title as may be requisite. WITNESS the following signature and seal: �r Q— (SEAL) EUG/Fel E MAPHIS, Grant r ' T 07- VIRGINIA �A�� f to -wit: I, t2la-Z y )Tom. A_' � a Notary Public in and for the State and L924/14/%I&E� aforesaid, do hereby certify that EUGENE MAPHIS, Grantor, whose name is signed to the foregoing Deed bearing date the �Ziay of January, 1995, has personally appeared before me, and acknowledged t' i same. �6daay Given under my hand this of January, 1995. My Commission expires /o2 -3I -7_U {SLE//KJ//�.� � t� Notary Public ;� �Fcaa' { j/ •I•'' ''�� ,.•...• br^', 7 This instrument was prepared by Clinton R. Ritter, AttbFney_qOat Law, 205 E. Boscawen St., Winchester, Va. 22601. = <r:,�'j �0= VIRG;NtA. FREDEnIGK OOUNrT , SC•T. " This % trument of errMng �A,q s produced to mo on thhs ....... 1A,a,F.9 Rd!:.itocj ;? iF-CCr.�i. fa4 i _.IJ7�b6 '- -- •.< s�,d 5'3.1-&oi have Cao- I:2ld, It P""ta .y. c� CO APPEAL APPLICATION #08-06 AROGAS, INC. Staff Report for the Board of Zoning Appeals �� Prepared: July 21, 2006 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: May 16, 2006 — Withdrawn by Applicant August 15, 2006 - Pending LOCATION: The property is located at the intersection of Rest Church Road (Route 669) and Martinsburg Pike (Route 11 North). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER(S): 34-A-4 PROPERTY ZONING & USE: Zone: B2 (General Business) District Land Use: Vacant ADJOINING PROPERTY ZONING & USE: North: M 1 (Light Industrial) District Land Use: Vacant East: M1 (Light Industrial) District Land Use: Vacant South: B2 (General Business) District Land Use: Vacant West: B2 (General Business) District Land Use: Commercial APPEAL: To appeal the decision of the Zoning Administrator pertaining to the proffered uses on this property. REASON FOR APPEAL: Applicant is appealing the decision of the Zoning Administrator regarding the proffered uses on this property and rejection of a site plan for the uses on this property. Appeal Application #08-06, Arogas, Inc. July 21, 2006 Page 2 STAFF COMMENTS: A site development plan was received by the Frederick County Planning Department on April 13, 2006. Staff was unable to process the site plan due to a discrepancy between the proposed use of the property and the proffers associated with the property. The project site lay -out of this property would indicate that the use of this property would be over -the -road truck fueling. This proposed use is not in conformance with the assigned proffers for this property. Staff returned the application fee and site plan to the applicant's engineer. The applicant is appealing the decision of the Frederick County Zoning Administrator regarding proffers assigned to Rezoning #02-04, which was approved by The Frederick County Board of Supervisors on April 27, 2004. This land use action rezoned the property from RA (Rural Areas) to B-2 (Business General) Zoning District and M-1 (Industrial Light) Zoning District. The Frederick County Zoning Ordinance, Section 165-13 (E) states: proffers assigned with any rezoning shall be enforced by the Zoning Administrator. It is important to note that proffers are conditions that a property owner offers to be placed on the owner's property when the owner asks the County to rezone the property. When a rezoning is approved with proffers, the proffers provide restrictions on the property beyond the regulations in the zoning district in which the property is located. Therefore, in this case, although the property is located in the B-2 zoning district, and although the provisions of the B-2 zoning district permit truck stops and the sale of diesel fuel for over -the -road carriers, the approved proffers on the property have removed those uses as permitted uses on this property. The applicant is appealing the decision of the Zoning Administrator in the enforcement of proffers of this rezoning. These include the following: The Frederick County Zoning Ordinance allows Standard Industry Code (SIC) 55 in its B-2 Zoning District. A subtitle of SIC 55 is SIC 5541which allows motor fuel to all types of vehicles and truck stops. Staff Response: Proffers for Rezoning #02-04 do not allow the retail or wholesale sale of diesel fuel for over -the -road truck carriers. The use of SIC 5541 is a moot point per the proffers assigned to this rezoning. 2. The Frederick County Code does not define "over -the -road truck carriers." Staff Response: The Frederick County Zoning Ordinance, Section 165-156, defines tractor - trailer truck for hauling freight. A tractor -trailer by this definition is used for any over -the -road truck for hauling and has the same meaning. This definition is further defined in the Merriam - Webster Dictionary. Appeal Application #08-06, Arogas, Inc. July 21, 2006 Page 3 3. The proffer — "Any use involving the retail or wholesale sale of diesel fuel for over -the -road truck carriers shall not be conducted or performed on this site or the commercial or industrial zones." -is: a. Void for vagueness b. Unconstitutionally interferes with interstate commerce c. Arbitrary and capricious d. Procedurally defective Staff Response: The proffers clearly state that diesel fuel retail or wholesale for over -the - road truck carriers shall not be allowed, and there is no vagueness in the way the proffer is enforced and referenced. Interstate commerce has no bearing on the decision of the Zoning Administrator and is not unconstitutional due to the assigned proffers on this property. The applicant should have read and understood the proffers prior to submitting a site plan for review. The decision of the Zoning Administrator was not arbitrary or capricious in the enforcement of the proffers and the procedure on returning the site plan. The site plan could not be reviewed by the staff due to the site lay -out. The site plan clearly shows pavement details for heavy truck traffic use, and clearly shows fuel islands and parking spaces to accommodate over -the -road trucks. This site plan, if approved by staff, would be a violation of the proffers assigned through the approved rezoning. The decision of the Zoning Administrator with regards to the enforcement and interpretation of the proffers assigned with Rezoning #02-04 is correct and not arbitrary and capricious as the applicant contends. The applicant should have read and understood the proffers before investing the time and money to develop this property. Staff was in no position to review and approve the site plan as presented and, therefore, returned the site application to the applicant. The only issue this Board of Zoning Appeals must address is to affirm or overrule the Zoning Administrator's decision in not reviewing the applicant's site plan pertaining to the proffers assigned to this property. Any changes to these proffer uses are a legislative action, and are beyond the scope of the Board of Zoning Appeals. The Frederick County Board of Supervisors is the only body that can approve any changes to the uses or proffers assigned to this property. STAFF CONCLUSIONS FOR THE AUGUST 15, 2006 MEETING: Staff is requesting to affirm the decision of the Zoning Administrator in the administration of the Frederick County Zoning Ordinance regarding the proffered uses on this property and was correct in not reviewing the applicant's site plan. Y v P'VQQ / r � � wLNARIfi`' a � I r j CM OO M fl C r 4y3H09 Dz nd .-HOa Heal �' e..� 33 b DC wls3b 'OCIa yOb2 HO�H.,.. 4` 4 r� it r 1 ;tom 3 _ o u E !(o 00 _ -_ LZ y b£ClSAOb _ _ _ . •.,,. C .a tlj iI Gv .,..ate i '1 "..� b brr 000P C•*OJ 1 i .00 \ �a,,;a� '�,� z� b• cbe1 �'bNryyp '<•Id 8.rn9svRSe yIe, o� - s F I, e ^» .."-. �•.. J]rsauaaaoaeN33a°� . S y.� N Rep, a CO COit 1 oPo`�d >p c e� v - y C _ I T1s �..•.. ,.rt N a a H:rBIAll r f r i r � tid 1 f li IL i � i:'4 :- � v`. � • ` `L �i� =_is a0�allaaa°o`a�� .`.. � d 0 4.. L� � c7%.' �•,-. •+�., . j � ?P �. � �� . /.ice , � � " rtC/)t CD o r Nm 9 3 I• . �,x�- ti _ , s �fy. ��' X14.. 5�}r��3'�}�•�'- �� i�' _ ,� �'.'J a _ t r r r w {� 33) ` b� t�br1$3b •� !I •V JAtI Nl, m m m w x E � � fl- 1e _ I z � ffi „4 r .moi - WOO kv ' o b�P�1 �elxxbW 1 d �'�b4sllraup � - o ww, a.. COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 April 19, 2006 Triad Engineering, Inc. Attn: Mr. Dennie Dunlap 200 Aviation Drive Winchester, VA 22602 RE: Arogas Facility Site Development Plan Whitehall Commerce Center Dear Mr. Dunlap: The Frederick County Planning Department received a transmittal letter from your firm on April 13, 2006 which included a site plan application fee in the amount of $2,300.00 and two copies of a site development plan for the referenced project. Our department is unable to process this application due to a discrepancy between the proposed use of this property and the property's current zoning designation and associated proffers. The proposed site development plan identifies the proposed use as commercial. Upon further review of the use on site plan Drawing Number C-4, it is clear that the commercial use is, in fact. a gasoline service station (SIC 5541) with fuel islands and parking spaces appropriately sized to accommodate over -the -road trucks. Additionally, the commercial entrance detail on Drawing Number C-14, and the pavement details on Drawing Number C-13, are designed to accommodate heavy truck traffic. This site layout is very similar to that submitted by the developer — Arogas, Inc. with Rezoning #07-05. In fact, with Rezoning #07-05, provisions were made to accommodate six truck diesel fuel islands; the submitted site development plan would accommodate eight fuel islands which are dimensionally consistent to accommodate over -the -road trucks. As stated in the proffered conditions accepted as part of the rezoning application for the subject property, which has been included on the site development plan's coversheet, "Any use involving the retail or wholesale of diesel fuel for over -the -road truck carriers shall not be conducted or performed on this site either in the commercial or industrial zones." The submitted site plan clearly accommodates truck diesel fuel islands and associated truck parking, consistent with Arogas, Inc.'s rezoning application. 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 Mr. Dennie Dunlap RE: Arogas Facility Site Developme.—Tit Plan April 19, 2006 Pafze 2 The development of this parcel as proposed by your site plan would necessitate a proffer amendment to enable the sale of diesel fuel for over -the -road truck carriers. Please find attached the information that was provided to our department on April 13, 2006 under your transmittal letter. This information is being returned to your attention as not approvable based on our determination that the proposed use is a prohibited use on this property. You may have the right to appeal this site development plan submittal rejection 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, 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 $300.00 filing fee. Once the appeal application is accepted, it will be scheduled for public hearing and decision before the BZA. Sincerely, Mark R. Cher Zoning Administrator Attachments: Site Development Plan review fee, application, copies of plan cc: T. Pat Manning, President, Arogas, Inc. MRC/bad REZONING REQUEST PROFFER Property Identification Number 34-A-2 and 34-A-4 Stonewall Magisterial District Frederick County, Virginia Sempeles Property Preliminary Matters Pursuant to Section 15.1 - 491.1 et. sea., of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application 401-o for the rezoning of 10 1. 9189 acres from Rural Area (RA) Zoning District to Light Industrial (M-1) and 10.3492 acres from Rural Areas (RA) to Business General (B-2) development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. Should this petition for rezoning not be approved by the Board of Supervisors then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successor or assigns. General Development Plan The development of the subject property, and the submission of any Master Development Plan shall be in conformance with all pertinent County regulations and shall be in substantial conformity with the Generalized Development Plan (GDP), dated March 8, 2004, which is attached hereto and incorporated herein by reference. Street Improvements The Applicant shall design and construct an industrial access road including entrance improvements on U.S. Route 11 consistent with the County's adopted North East Land Use Plan for the area, and according to uniform standards established by the Virginia Department of Transportation (VDOT), and as may be provided in these proffers as illustrated on the Generalized Development Plan which is attached hereto and incorporated herein by reference. The road improvements shall include the following: a. Along the property frontage on U.S. Route 11, the applicant shall construct curb and gutter and storm sewer with a 12' or wider lane widening consistent with VDOT commercial entrance standards. The applicant shall dedicate an additional 14' of right of way along property frontage with U.S. Route 11. Two 36' or larger commercial entrances shall be installed in approved locations, one south and one north of the industrial access road intersection. (See 1 on the GDP). The southern commercial entrance shall be right in/out in accordance with VDOT requirements. Page 1 of 5 Revision 4/27/04 Rezoning Request Proffer Property Identification Number 34-A-2 and 34-A-4 Stonewall Magisterial District b. The applicant shall construct an industrial access road to VDOT standards with centerline intersection equal to the centerline intersection of Rest Church Road and U.S. Route 11. The industrial access shall connect with Woodbine Road. (See 2 on the GDP). The configuration and location of this collector road addition to the road system shall be adjusted to conform with actual proposed use of the site subject to Frederick County and VDOT approval at the site plan stage of development. The right of way width for this road shall be 80'. C. The applicant shall modify the VDOT proposed stoplight from 3 way to 4 way intersection. (See 3 on the GDP). d. The applicant shall enter into a signalization agreement involving partial cost sharing for the Woodbine Road/Route 11 intersection. Establishment of the signalization agreement will correspond with development of the industrial (Ml) portion of the site, and will therefore occur prior to approval of the first site plan for Ml development. The timing for ultimate signalization of the intersection will be determined by VDOT. e. The applicant agrees to provide a TIA for each industrial (M-1) use at the time of site plan. Additional street improvements suggested by the TIA will be negotiated with VDOT as a part of the land use permit. Landscape Design Features The development of the subject property, and the submission of any Master Development Plan shall include the following landscape design features provided in these proffers and as illustrated on the Generalized Development Plan dated March 8, 2004 which is attached hereto and incorporated herein by reference: A twenty foot (20') landscaped green strip along the US Route 11 frontage portion of the site. (See 5 on the GDP). Features within the landscape green strip include a low berm (30" or less) with suitable low profile landscaping that will not conflict with sight distance at entrances. On Site Development The applicant expects the industrial zoned portion of the site to develop with a minimum of 1 and maximum of 8 end users depending on marketing conditions at the time of sale. Covenants and restrictions of record shall control the standards of construction to include: a. Facade materials of buildings facing street to be concrete masonry (CMU) brick, architectural block, dry vit or other simulated stucco, real or simulated wood or glass. Page 2 of 5 Revision 4/27/04 b. All buildings within the development on the property shall be constructed using compatible architectural style and materials, and signage for such buildings shall be of a similar style and materials. c. All buildings within the property shall be developed as a cohesive entity, ensuring that building placement, architectural treatment, parking lot lighting, landscaping, trash disposal, vehicular and pedestrian circulation and other development elements work together functionally and aesthetically. Additional Site Proffers In addition to the proffers above, the applicant shall implement the following design standards in construction on this site. a. All utilities to be underground. b. 2" caliper street trees on 50' centers along both sides of industrial access road. c. Stormwater management pond facilities shall be lined with impervious liner materials to preclude groundwater impacts. d. All commercial and industrial structures shall have a geotechnical analysis and study prepared prior to site e. Any use involving the retail or wholesale sale of diesel fuel for over the road to carriers shall not be conducted or performed on this site either in the commercial industrial zones. Monetary Contribution to Offset Impact of Development The undersigned, who owns the above described property hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 112.2681 acre site lying on the east side of U.S. Route 11 in the Stonewall Magisterial District of Frederick County, Virginia from RA to M-1 and B-2, the undersigned will pay to Frederick County for the Clearbrook Fire and Rescue Company the sum of $15,000.00, the Sheriff's Office the sum of $3,000.00 and the Administration Building the sum of $2,000.00 for a total payment of $20,000.00, at the time the first building permit is issued_ The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Page 3 of 5 Revision 4/27/04 Respectfully submitted, PROPERTY OWNER B :4 By:ca_�.j Y Geo ge M. Sempeles Carol T. Sempeles Date: 61--( Date: 51310 1 STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this�day of , 2004, by G Uc u (1'1, f+ CQco- M�s� f`t� I-e,5 My commission expires Notary Public '__� Com, Page 4 of 5 Revision 4/27/04 i NVld 311S/ld3ONOO -ivu ll'J311HO8V ► € Q VINIE)HIA'AlNnooN0Itl3438A "ONI 'SVE)Odd Y G I! e I 7 • _ 9 __.. �w wE� 9 Hwi M. V7 7R.- �� APPLICATION FOR APPEAL IN THE COUNTY OF FREDERICK, VIRGINIA -OFFICE USE ONLY- . Appeal Application ,# 0 9x Submittal Deadline Submittal Date l For the meeting of Fee Paid ,,kje( yes initials: MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner other. (Check one) 2. APPLICANT: _ _t�zo�gas , c . OCCUPANT: (if different) NAME: NAME: ADDRESS-? b "oX ��31 ADDRESS: TELEPHONE: 5`4C3"1Z"L (, 1 (o$ TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): 90 V) o S o f\ f' "' el 1W 4. Magisterial District: '5T0Nf w.4 i (f�� - 4"" 5. Property Identification No.: 3 q— A- q — k OTs Z 6 4 Z F 6. The existing zoning of the property is: 7. The existing use of the property is: 8. Adjoining Property: USE North V ke*A+ East y A -C 4—t South v West qas V AC 14r\ -- ZONING t� Z v 9. Describe the decision being appealed. (Attach a copy of the written decision.) Sem �ftogck-cd 1-c c r da-kel hm'I k9 't_00("Z' VV, HA2 r C C 2v\ Dov` v^q aAw.\ �A 10. Describe the basis of the appeal, indicating your reason(s) for disagreeing with the decision. (This may be provided on separate sheet.) Sec 0-4 fi4 t4- of 11. Additional comments, if any: 9 -kv \ v%crl v X -e- w dC \ ; , -�.►'d\,� t �c e-sr� a-c� Vii\ aow1M G'dm A O -� "� �t ��"�dA ✓AGI a'CS�?�� C IM -i rr� SU� \c Vr -t x AL Co�•�� w�-i'�.��, ��,��,,,� ks �.,.� �t �o-rd1 . �rr�d fv.n,�A.pa�-t,n� 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.) 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N N N N N .� N N N N ('7 N co M M M M CO co CO M CO M C'M co co M C'M Cl) C7 co CO M CO M M M M M M M CO M CM MMM M CM . M M M M M M M M M! M CO ! M M �Y M V' M co M M M co co V M AGREEMENT APPEAL # 6),Y 06 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 APPLIC SIGNATURE OF OWNER (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OFL ACTION: - DAT - APPEAL OVERRULED APPEAL SUSTAINED File: 0AL nd Use ApplicationsWpplication Fort \APPEAL Revised: 01/14/03 SIGNED: DATE: DATE y - Z 1 - b DATE i- 2 j - v 6 BZA CHAIRMAN 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) r-Ae_&"e_ rnn . (Phone) 9-`1 O l e(oZ SK o -L (Address) 331 W ev�b� r+L TZ o , cl e�,r-�r»-� ►� -zZL Z� 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 Z� Parcel: 3 Y Lot: Z-*- Block: -A Section: Subdivision: W `A4,6\0L (fo eyyket to C40- do edo hereby mak , constitute and appoint: (Name) ;49AN� M A 21K 1Ty 4 /+--r (Phone) 5110 (Address) —FO 1-1 ?i 1 UO %%A Cwt S- {�,1 �/ ' "LZ—lpn To act as my true and lawful attorney-in-fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: ❑ Rezoning (Including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this day of ' �17200, Signature(s) State of Virginia, G4yfCounty of &M oa c K_. , To -wit: 1, , a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who ed to the foregoing instrument and who is (are) known to me, personally apppared before me and has acknowledged the same before me in the jurisdiction aforesaid this of ?l , 200'�D. My Commission Expires: Notaryblic DETAIL "A" piN 34--A-1 GEORGE M. SEMPELES & CAROL T. SEMPELES J9 GINAL JSTED °° ■ I °° m � I L0 CC) A K EDGE OF CONC. —777- SCALE: l7 v" a rllL u SCALE: 1 "=20' n �I ' � r m EDGE OF CONC. 144' 139' 5, RRI ° ° 9 T° °■ °° FUELING CANOPY ° ° ABOVE —L� ° °■ °° - °° N 38' O.C. (TYP•) DETAIL "A" piN 34--A-1 GEORGE M. SEMPELES & CAROL T. SEMPELES J9 GINAL JSTED °° ■ I °° m � I L0 CC) A K EDGE OF CONC. —777- SCALE: l7 v" a rllL u SCALE: 1 "=20' � o``✓ I �-- \ ---------------------------- i -------- N22'58'44"E 171.41' - / PLANTING STRIP 'CID/ INFORMATIONAL CG -6 p tl I(rco l R=10' SIGN 50' BRL TANK _ SEE p I tnh I I; �► cS.F:U.,m .. . FUE22.58' =CANOPY .. . L.:m A. II �u> DETAIL u n ABOVE NIRECTIONAL SIGN I w R= .5' ro CONC. 'n I R -g m Y P.) " — R=3' (q 8' 8' 8' CONC. to I 22 4= 24.5' ! N DIRECTIONAL11\^` SIGN I"ik,+ - • 75' DOOR al \\\\\,,,,,,,,,\ Nt� m SERVICE STATION R 1 W CONVENIENCE Lo \MARKET ^ (fYP. 5625 SF 24.5) FF=643.82 22 R= N22'5 11 DOOR :. 52. 8' CONLKC. WA " I: _TANK FUEL - t',1 I :3 .� AREA R=30' f •ooa-o G LOADING( :-ZONE 12'X45' cnl DIRECTIONAL - r DUMPSTERof r=� `: .c,�.p ;.�=::�•.. __�...�.:.:: '. PAD t SIGN :;_ ; `; ,.-_FUELING:: R=10' ;:.;CANOPY -„' SEE I I ASPHALT CONCRETE ::f : _ "Q. ABOVE u u R=3 0' 1 76.98' DETAIL B I >: I_ CONCRETE ; A PHALT I .'IIGRASS R=10' EX_ E_p- 0o R=55' o —� o I ci) R=30'--- N75'23'22"W 90.00' E•p- ,38,+E g1 k0uSTD. TYPE III BARRICADES Ml ZONES22"58'44 W 65.127 _M= CION _ _ ACCE1 ROAC —� 30 —0 WIDE 0 _522'58 44 W 457.53' 50' R/W Attachment: #10. Appellant, Arogas, Inc. is the developer of the proposesite pland v op this -ated 06 pp that has invested substantial time and y and is an aggrieved party in accordance with the existing B-2 zoning. The stated decision on appeal includes but is not limited to the following assertions: 1) our department is unable to process this application due to a discrepancy between the proposed use of this property and the property's current zoing designation and associated proffers. 2) "... that the proposed use is a prohibited use on this property." Date of decision: April 19, 2000 Reasons that appellant disagrees with the stated decision include but are not limited to the following: Article X 165.82 B. of the Zoning Code of the County of Frederick • izes SIC 55. S.I.C. 5541 is therefore a permitted use in specifically recogn B-2. The subject site was zoned 0 04/o all types of4 for ls use. vehicles..LC. 5541 allows the sale of all types of motor S.I.C. 5541 also specifically allows "truck stop" as a permitted use. The application is not inconsistent with the B2 zoning or proffers The dimensions of fuel islands, parking spaces, and commercial entrances • are irrelevant to the use. The similarity of site layout to rezoning #07-05 is irrelevant to the use. Frederick County Zoning Code does not define "over -the -road truck carriers," (Frederick Code does define tractor -trailer truck, tractor truck, tractor truck trailer, and truck.) The decision is arbitrary and capricious. • There are many types of large vehicles that will access the proposed site. • The referenced proffer -- "Any use involving the retail or wholesale sale of diesel fuel for over -the -road truck carriers shall not be conducted or performed on this site either in the commercial or industrial zones." — is: - void for vagueness - unconstitutionally interferes with interstate commerce - arbitrary and capricious procedurally defective VARIANCE APPLICATION #15-06 JAY MERGLER Staff Report for the Board of Zoning Appeals Prepared: July 31, 2006 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: August 15, 2006 - Action Pending LOCATION: Iligh Street (Route 635), 0.1 mile on the right MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBERN: 91A03-164-15 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) Land Use: Vacant ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) South: RA (Rural Areas) East: RA (Rural Areas) West: RA (Rural Areas) Use: Vacant Use: Vacant Use: Residential Use: Vacant VARIANCE REQUESTED: 15 foot front yard variance and one foot rear yard variance for the construction of a single family home REASON FOR VARIANCE: The lot is exceptionally shallow and is bordered on three sides by unimproved platted right-of-ways. Variance Request #15-06, Jay Mergler July 31, 2006 Page 2 STAFF COMMENTS: This 1.72 acre property was part of the New Middletown Subdivision created in 1890. Inl967 Frederick County adopted zoning. The historical zoning map shows this property was zoned A-2 (Agricultural General) and building restriction lines at the adoption of the zoning ordinance were 35'front and 15' on the sides. In 1987 this property was subject to a lot consolidation of 23 lots with building restriction lines of 35'front and 15' on the sides. Frederick County amended its Code in 1989 to change the rural zoning districts to the current RA (Rural Areas) zoning district, making the building restriction lines for the property 60'front for all four sides. A variance request by Mr. Mergler on this property was heard and approved by the Board of Zoning Appeals at their meeting of November 15, 2005. (Variance 23-05) The request was for a ten foot variance in the front and a 15'6" variance in the rear. The owner is seeking a variance of 15 feet left side and one foot right side. Should this variance be granted, the building setbacks for this property would be 35 feet left side, 43.5 feet right side and would remain 60 feet front and rear. STAFF CONCLUSIONS FOR THE AUGUST 15, 2006 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. 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. 1 HBE, LC 0 g�P 91 A 8A SiMMONS,GHARLESB 91 A 8 e i>' \�OLEY, JACK LEE 91AO3 1 M i f i � \ L9 ti �G e ♦ 90y `o�PJ, �a� 91AO31 C 49• do i_ 91AO31 F ORNDORFF, RHETT AY et f�f �` g1B A 13 6ARPER, JOSEPH o° p e CARPER, JOSEPH A- 8 JUDITH C. m T-1704 m — _ 91B A 2B MIDDLETOWN, TOWN OF 91B A 2A VA f* IJ a I'wl COD Jay Mergler P`PPlicafio' (91A03 -164 -15) 0 0.025 0.05 0.1 Miles 91B A 8 C 21 4 �r �4 ay�G c 5� G3 91A031 C -iwa• EP x f� 133 19 3� *' 91A031 F 'n ORNDORFF, RHETT A PV 916 A 13 OARPER,JOSEPNA. CARPER JOSEPH A. 8 JUDITH C. 91B A 2B ✓ ori Q s it yp r I ^!,� fin•. T r ,ay �• -�. r tr � - .' •. .,♦0.,, "` 91B A 8 Aw MIDDLETOWN, TOWN OF 91B A 2A 91 A 10A' f > { 2 1C \. >, ,) 9 1 q ., VA, RJ* 15-0b � Jay Mergler Application (91A03 -164 -15) 0 0.025 0.05 0.1 Miles May 31 06 02:32p jay 703- 3-2711 p.1 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 5401665-6395 November 17, 2005 Mr. Jay Mergler 9991 Broadsword Dr. Bristow, VA 20136-1610 RE: VARIANCE REQUEST #23-05 Dear Mr. Mergler: This letter is to confirm that the above -referenced application, originally submitted by Rodney ,Butler, was approved by the Board of Zoning Appeals at their meeting on November 15, 2005. On parcel bearing Property Identification Number 91-A-03-164-15, the Board approved a 10' variance in the front and a 15'6" variance in the rear. The property is located on High Street (Route 635), 0.1 mile on the right, in the Back Creek Magisterial District. If you have any questions regarding this action, please feel free to call this office. Sincerely, Mark R. Cheran Zoning and Subdivision Administrator MRC/bad cc: Jane Anderson, Real Estate John Trenary, Inspections 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 APPLICATION FOR VARIANCE IN THE !C'O TiNF FREDERICK, N7T7?G NIA v v, iTV v Oril? Variance Applicatio No._y�, !— Submittal Submittal Date: u° Fee Paid: �� initials: Sign Deposites t -OFFICE USE ONLY - Submittal Deadline: -7 A"),1/06 For the meeting of f! 4 MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner other _X_. (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME:—H&H BUILDERS NAME: Jay K. Mergler. 3. Ll ADDRESS: 301 Hartsell Lane ADDRESS: 9991 Broadsword Drive Stephens City, VA 22655_ Bristow, VA 20136 TELEPHONE:_(540) 869-0489 TELEPHONE:_(703) 929-2521 The property is located at (give exact directions and include State Route numbers): Traveling south on Main Street (Route 11) through Middletown, turn right on First Street (Route 627) which turns into Chapel Road proceed 0.40 miles to High Street (Route 635), turn left and travel about 225 feet to property on right. The property has a road frontage of _600_feet and a depth of and consists of 1.722 acres (please be exact). 2 125 feet 5. The property is owned by Jay K. Mergler as evidenced by deed from _Stephen H. Underwood and Michelle Avda_ recorded (previous owner) in deed book no._050010424_ on page of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: Back Creek 7. Property Identification No.: 91A03 - 164 - 15 8. The existing zoning of the property is: RA 9. The existing use of the property is: Vacant 10. Adjoining Property: USE ZONING North _Vacant RA East SFD RA South SFD RA West Vacant RA 11. Describe the variance sought in terms of distance and type. (For example: "A 3.5' rear yard variance for an attached two -car garage.") A 15.0' front yard and 1.0' rear yard variance for proposed house and covered deck placement, in addition to the variance (#23-05) approved November 17, 2005. 12. List specific reason(s) why the variance is being sought in terms of: exceptional narrowness, shallowness, size or shape of property, or exceptional topographic conditions or other extraordinary situation or condition of property, or the use or development of property immediately adjacent thereto Exceptional shallowness of lot due to platted roads surrounding__ the property 7 13. Additional comments, if any: This parcel is bordered on three sides by unimproved platted right-of-ways with paved road frontage only on one existing roadway. The front setback provides about 78' from the existing edge of pavement. 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 H&H Builders Address 301 Hartsell Lane, Stephens City, VA 22655 Property ID # 91A03-1-C&G Rhett A. Orndorff Address 283 High Street, Middletown, VA 22645 Property ID # 91A03 -1 -D&E William J. Riley Address 300 High Street, Middletown, VA 22645 Property ID # 91A03-156-36 Wayside Inn Since 1797, Inc. Address 7783 Main Street, Middletown, VA 22645 Property ID # 91A03-164-3, 6-10, 12,13,18 & 22 Helen Louise Shifflett c/o_Norma_Orndorff Address 965 Huttle Road, Middletown, VA 22645 Property ID #91A03-164-1,2,4,5,11,14,16,17,19-21,23& 24 Address Property ID # Address Property I D # X" Provide r etc , - property Y (y y P engineer's g)• 1 5. rruviuc a sxc��ii o tiic i� c1 � (you ilia use this page or attaC%n en iueer s arawin 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. 9 � I I I POWER I POLE I EXISTING EDGE OF PAVEMENT Ci IJ.. C) N EXISTING 2 STORY :CO & BRICK IRST STREET ;NOT BUILT) 0 F U a I w F JND STREET — (NOT BUILT) r 11v I , . I 1 1 I 60' B- .L. "AREAWAY I I p 9.0x20.67 rte- I I II I I ; I I I I II I I I I !I Nw ' I I I I I I I II II II i i I I I I I ! I I I I I II II II II I I �o I I II o �o TRACT 11 11 1.722 �AC.I II I I INST.# 105001 C�42� II Irl,I I In N, I of ^II_ Iz I Wpl -I n \ I I oI -I ID _IIa al �I O ¢IIS J J� Z JI rl Y d >IIJ Q O] o' r6 � I Film E6 I � I II I ml SII SHE I I '00• I �I SII I I II 105.8" I 47.0' SOE DETAI 1 41.0' 77.9' I I 36.0' I II I I I II I I II I I 'OWER; L I — — Al POLE 60' B.R.L. i I I al S 36'32'43" E 125.00' FIRST STREET (NOT BUILT) VARIANCE EXHIBIT TRACT ONE LAND OF JAY K. MERGLER BACK CREEK MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA LE: 1" = 60' CONTOUR INTERVAL = 2' WN BY: CDL CHECKED BY: CDL E: 6/26/06 REVISED: OOD ZONE: C COMMUNITY NO.: 510063 PANEL: 0175 B DATED: 7/17/78 ASSESSMENT MAP NUMBER: 91-A-03-164-15 QFC �o�Tti \ oA GS N 1 SOC 84 BLOC. 6.4 ` c:17 :10.'7(' 0 SET BACKS FRONT: 60' SIDE: 60' REAR: 60' URBAN ENGINEERING & ASSOC., INC. CIVIL ENGINEERS a LANDSCAPE ARCHITECTS o LAND SURVEYORS 210 FRONT ROYAL PIKE WINCHESTER, VA 22602 (540) 450-0211 o 13.79 12.00' 0 20.21 "AREAWAY 10.0x12.0 p 9.0x20.67 COVERED m COVERED DECK 14 PORCH 2.00 ARLINGTON III N 12. rj o IDELOAD 8 -67 -',,GARAGE 27.33' PROPOSED DETAIL HOUSF SCALE: 1 "= 25' SET BACKS FRONT: 60' SIDE: 60' REAR: 60' URBAN ENGINEERING & ASSOC., INC. CIVIL ENGINEERS a LANDSCAPE ARCHITECTS o LAND SURVEYORS 210 FRONT ROYAL PIKE WINCHESTER, VA 22602 (540) 450-0211 Jul 19 06 09:03p jay JUL-20-2096 04;29 AM N&n BUILDERS.INC. 07/19/2006 16:29 5404500210 703 30-2711 540 Bug 2759 MAN ENGINEERING AGREEMENT VMCLANCE 9—/—,5 "ether in he a"gvwd by Nx Pla^Wnr DwO P. P. es PAGE 02/02 I (we), the undersigned, do hereby respectf lly make application, and petition the Frederick County Board of Zoning Appeals (BZA) eo $rent a variance to the tezms 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 dw sign issued to the when this application is submitted trust be placed at the fiontproperty line:t Itag 50=(j) days pd2r to the BZA public hcarine and maintained so as to be visible from the road or right-of-way until the hearing_ I hereby cer"y that all of the statiarttents and infomation contained herein are, to the best of my knowledge, true. SIGNATURE OF APPLICANT DATE -7 { 19-0(.p SIGNATURE OF OWNER DATE -- (if oth r than a icarnt) ■ 1 �1 BZA, rUBLIC HEARING OF ACTION: - DA.TF- APPROVAL DENIAL SIGNED: BZA CHAIRMAN DATE: 10 May 31 06 02:33p jay FEB -21-2005 18:13 tiouSt = /AIL , ,vOTFS-- I. w oEwrc5 STRiET OF RECORD, 9Ur NOT IN USE. 2, PLAT REF : 0. B. 667 PO. 87 3- TAX fA P 91A3 VP H/F AAWCRFF DA 936 tG 9I N39p 40'33«W .395.30, 1 TACT �wl? �! /.651C.*oar 'R Ricii- A z N ISEE 41E%/4 f S3E� 32.43"E _ . 393_?5 FIRST STREET'" a r ti w 1.610 QC- a 0 e .r a ti 2 703- J-2711 125.W' F/RST STREET "' � a.� sr;mow z6s so• %sic% 7*v h a s.33tl.�ri• -JU., E P.H1/01 No Tille Report Furbished. CHAPEL REQ. stovin ws MpUncurr-, -4h CEwrWr rMr t r UE axe&FrM rAVS ,►rr dv ME 6A%tw: rH.r nos - P"r Is L27rlwwr ry nE myr is •w A7vowtfzw .ww pager, Aw rM4r FAMW AW 00 SVCAVACAId6 vrS £70919 VWACR rS AFtTVrn' j#XS 0 Z &nZrT -AT SACWW cne Il nW;L- LocvMW &kWE Y 0,-i'ME L~ ' -a - Earl L. Austin and UR4 Marie J. AUSM7, HIS WIFE L�E£D SOGW 667, PAGE 84 Darryl a- �VtrcJ�o�l lceALand.S�►rs3'yCl oPEaxAv DJSTR�T P.O S7 Pvox 1309 FA zkEwwA- cowry, wl va1A/I•Q fNOWr ROYAL VA. ZZ630 adrEf 19 JULY 200/ SCA[ A 1 w_ AW' 540 - 638 - 9329 m E o Euj_ 1 O � o�q 0 tr i h N v sZVI O 4 � O D 125.W' F/RST STREET "' � a.� sr;mow z6s so• %sic% 7*v h a s.33tl.�ri• -JU., E _ �. • 6P7 5330,31 M_ -16 No Tille Report Furbished. CHAPEL REQ. stovin ws MpUncurr-, / OASWMr CEwrWr rMr t r UE axe&FrM rAVS ,►rr dv ME 6A%tw: rH.r nos - P"r Is L27rlwwr ry nE myr is •w A7vowtfzw .ww pager, Aw rM4r FAMW AW 00 SVCAVACAId6 vrS £70919 VWACR rS AFtTVrn' j#XS 0 Z &nZrT -AT SACWW v C > > . Il nW;L- LocvMW &kWE Y 0,-i'ME L~ ' -a - Earl L. Austin and UR4 Marie J. AUSM7, HIS WIFE L�E£D SOGW 667, PAGE 84 Darryl a- �VtrcJ�o�l lceALand.S�►rs3'yCl oPEaxAv DJSTR�T P.O S7 Pvox 1309 FA zkEwwA- cowry, wl va1A/I•Q fNOWr ROYAL VA. ZZ630 adrEf 19 JULY 200/ SCA[ A 1 w_ AW' 540 - 638 - 9329 AW-- A*I AA/- I T7O TCTAL P.@1 p.2 0- p50010424 0 CA TAX MAP #91 -A -03-1-41-C, 91A -03-1-G, and R' 91A-03-1-64-15. DEED This Deed is made and entered into this A day of A�p __ .) 2005, by and between STEPHEN H. UNDERWOOD and MI HELLS AVDA, Grantors, herein ca ed Grantors, and JAY K. MERGLER, ,Q,e i,��✓ t?D//jJ , Grantee, PARCEL TWO: ALL THAT certain tract or parcel of land with all improvements thereon, together with all appurtenances thereunto appertaining, lying and being situate in Frederick County, Virginia, containing 1.259 acres, situate along the West side of Route 627, and herein called Grantee, WITNESSETH: e That for and in consideration of the sum of TEN DOLLARS A ($10.00), cash in hand paid to the Grantors, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby grant, bargain, sell, and convey, with General Warranty and English Covenants of Title, unto the Grantee, in Fee Simple, the following described real estate, to -wit: PARCEL ONE: ALL THAT certain tract or parcel of land with all inprovements thereon, together with all appurtenances thereunto appertaining, lying and being situate in Frederick County, Virginia, containing 1.722 acres, and being known and designated as Lots 25 through 48 inclusive, of Block 64 on the plat of the Middletown Land and Improvement Company, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed UBook 107 at Page 300, as described on a plat prepared by Larry C. Himelright, P.C., dated September 11, 1978, of record in Deed Book 667 at Page 87. PARCEL TWO: ALL THAT certain tract or parcel of land with all improvements thereon, together with all appurtenances thereunto appertaining, lying and being situate in Frederick County, Virginia, containing 1.259 acres, situate along the West side of Route 627, and more particular --y c,escK)ee on the pr.aa: o�survey prepared by marry C. Sime-lrig:it, r'.C., dated SeptemJer `, r 987, of record) indeed Book 667 at age 37. >ARC 3R A :._-_j 7 3A7 certain tract or parcel of --anc-1 with a] improvements thereon, together with all appurtenances thereunto appertaining, lying and being situate in Yrederick County, Virginia, containing 1.763 acres, ane more particularly described on the plat of survey prepared by Larry C. Himelright, P.C., dated Septem�)er 1987, of record in Deed Book 667 at ?age 87. lie aforesaid property is a portion of the same real estate conveyed to the Grantors herein, by deed dated the 25 h day of July, 2001, from Earl L. Austin and Marie J. Austin, husband and wife, said deed being of record in the aforesaid Clerk's Office as Instrument No. 010009682. Reference is hereby made to the aforesaid plats, deed, and records for a more complete description and further derivation of title. This conveyance is made subject to all restrictions, easements and rights of way of record, if any, affecting the aforesaid real estate. WITNESS the following signatures and seals: t4,ec- 1��q (SEAL) Stephen Fl. Uq ooc. (SEA) v6a THIS INSTRUMENT WAS PREPARED BY Douglas C. Arthur, Attorney at Law, and the preparer did not perform a title examination in connection with the preparation of this instrument. STATE OF COUNTY 02 O -WIT: --ie foregoing ins ens: was ack this clay of T / /- , 2005, {I I Vy Commission Expires:t "IJ STATE OF VA COUNTY OF , TO -WIT: The foregoing instiriment was acknow this day of Ili , 2005, by'. J Nota I My Commission Expires:, 11 I or 1 � VI R(A NIA: FREDERICK COUNTY, SCT This instrument of writing was produced to nae on andGrith certificate of acknowledgement thereto nexed was admitted to record. T imposed by Sec. 58.1-802 of $ f'' ��, and 58.1-801 have been paid, if assessable 4,(eee-4 4�r-j, Clerk before me i H. U4derwood. ul�lic oa p _= befv�* me Op O C.�i fir