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BZA 07-18-06 Meeting AgendaAGENDA FREDERICK COUNTY BOARD OF ZONING APPEALS The Board Room Frederick County Administration Building 107 N. Kent Street Winchester, Virginia 3:25 p.m. 1) Determination of a Quorum 2) Minutes of June 20, 2006 July 18, 2006 CALL TO ORDER PUBLIC MEETING — OLD BUSINESS 3) Continuation of Variance Request 911-06 for Funkhouser Lots, Lot 35, submitted by Artz and Associates, PLC, for a 40 foot 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. PUBLIC HEARING 4) Variance Request #14-06 for Gregory Rinard for a six foot front yard variance and a 21 foot side yard variance on both sides. This property is located behind 5978 Valley Pike (Route 11), and is identified with Property Identification Number 85-A-31 in the Opequon Magisterial District. 5) Other FILE COPY MEETING MINUTES OF THE FREDERICK COUNTY BOARD OF ZONING APPEALS Held in the Board Room of the Frederick County Administration Building, 107 N. Kent Street, Winchester, Virginia, on, June 20, 2006. PRESENT: Theresa Catlett, Chairman, Opequon District; Robert Perry, Vice Chairman, Stonewall District; Dudley Rinker, Back Creek District; Dwight Shenk, Gainesboro District; Lennie Mather, Red Bud District; and Robert W. Wells, Member -At -Large. ABSENT: Kevin Scott, Shawnee 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 May 16, 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, June 23, 2006, is the cut-off date. PUBLIC HEARING Variance Request #07-06 of Elizabeth Ann Cook, for a 35' variance on the eastern side and 9' variance on the western side of the property. This property is located on Bethel Grange Road (Route 630), Lot 153, and is identified with Property Identification Number 41-A-153 in the Gainesboro Magisterial District. ACTION — VARIANCE APPROVED Mr. Henry gave the staff report. The property setback lines at the adoption of the zoning ordinance were 35' 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 60' front, 50' rear and 50' 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. Minute Book Page 1382 Frederick County Board of Zoning Appeals Minutes of June 20, 2006 The applicant is requesting a variance of 35' on the eastern side yard and a 9' variance for the western side yard. Should the variances be granted, the building setbacks for this property would remain 60' in the front, 50' in the rear, but would change to 15' on the eastern side and 41' on the western side yards. It appears that this variance meets the intent of the Code of Virginia, Section 15.2-2309(2). This request from the current setbacks of the RA Zoning District may be justified. Mr. Perry asked about the proposed garage, which had been crossed off the site plan. Mr. Henry stated they had included a garage on the survey and that he crossed it out. This variance is strictly for the house. Mr. Rinker asked Mr. Henry if the proposed garage would need a variance. Mr. Henry replied that the garage is proposed to be detached. As long as it's 3' from the house, it's considered detached, and the garage only needs to be 15' off the sides and rear property line. Chairman Catlett asked Mr. Henry about the aerial map; how close is the house on the eastern side of this property. Mr. Henry stated it's fairly close and he thinks it's only about 10' to 20' off the property line. Ms. Elizabeth Ann Cook approached the podium. Ms. Cook stated that when she was approved for her loan, she had the property surveyed and the surveyor stated it is zoned RA, which meant it only left 20' deep to do something with. She further stated that she just wants to set a modular on her property. Eventually, she would like to build a garage, but it's not going to be attached. Chairman Catlett asked if anyone is present who would like to speak and no one responded. She then asked if anyone who is opposed would like to speak and Shirley Fixx Ryan approached the podium. Ms. Ryan wondered, because they're moving the variance on her side, what effect that would have on the future sale of her property. Chairman Catlett stated that if this variance is granted, they would only be able to come to the point that is approved by this Board; they could not build closer to the property unless they came before the Board for another variance. No one else wished to speak. The public hearing portion of the meeting was closed. DISCUSSION Mr. Shenk made a motion to approve Variance #07-06. Mr. Wells seconded the motion and it passed unanimously. PUBLIC HEARING 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. ACTION — VARIANCE TABLED Mr. Cheran gave the staff report. The applicant is requesting a 30' side variance on the eastern side of the property. This lot was created on April 11, 1966, prior to Frederick County adopting zoning Minute Book Page 1383 Frederick County Board of Zoning Appeals Minutes of June 20, 2006 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). The property setback lines for the A-2 were 35' front and rear and 15' on all sides. On December 11, 1991, Frederick County amended its zoning 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. Mr. Cheran further stated there are other items to bring to the Board's attention. The letter which was given to each of them prior to the start of today's meeting from Harvey E. Strawsnyder, the Public Works Director, who is not in favor of this variance due to its location and proximity to the Frederick County Landfill. Mr. Strawsnyder also speaks about the FEMA flood plain and the possible drainfield. Mr. Cheran stated that the FEMA flood plain is along Sulphur Springs Run. This buildable lot, should the variance be granted, would not be in that zone. Should this variance be granted and go forward, it would still have to meet all County and State regulations as to drainfields. One other issued pointed out by Mr. Strawsnyder is the landfill support area. Building next to the landfill could present problems should this become a buildable lot. Mr. Cheran pointed out that the current Frederick County Comprehensive Plan does not identify the landfill support area. Mr. Cheran stated for the record that the map included with this agenda shows the proposed Route 37 going next to this property. If this variance is granted and Route 37 is built, there will have to be condemnation to allow for the proposed route. 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 30' variance on the eastern side of the property to build a residential structure of approximately 2,016sf. 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. Mr. Strawsnyder's letter will be added to the file. Mr. Perry asked Mr. Cheran what a "Flood Zone C" is. Mr. Cheran stated that "A" is the 100 year plan, and the "C" zone is outside of that. It's the designation that FEMA gives. Mr. Rinker asked Mr. Cheran if there were any well problems in that area and Mr. Cheran responded no, not to his knowledge. Chairman Catlett stated that the issue the Board is concerned with is the southeast corner of the proposed house, and it doesn't appear from the plan that the proposed house could be situated in any Minute Book Page 1384 Frederick County Board of Zoning Appeals Minutes of June 20, 2006 other manner to request a lesser variance. Mr. Rinker asked, since the County is an adjoining land owner, with the Board of Supervisors as the Trustees, and this Board is an arm of the Board of Supervisors, is the Board of Zoning Appeals in conflict of interest to hear this. Mr. Cheran responded no, because the Board of Zoning Appeals is set up as a quasi-judicial board. The Board of Supervisors submits potential Board member names to the Circuit Court and the Circuit Court appoints Board members. If the Board of Supervisors does not like the decision of the Board of Zoning Appeals, they could apply to the Circuit Court to appeal the decision. Mr. Clinton Ritter, attorney for the property owners, approached the podium. Mr. Ritter stated that his clients take the position that the property is grandfathered under the 1991 ordinance. Mr. Ritter gave a brief history of this property and adjoining properties, as well as the landfill. The property is a beautiful lot, all wooded. It runs from the asphalt road at a downward slope to the creek. The back portion of the lot is in the flood plain so it's not buildable there. The front part of the lot along the road is level and the property they want the variance for overlooks a beautiful field that's mowed and maintained by the City and County. Mr. Ritter said in reference to the issues presented by Mr. Strawsnyder, if it's a requirement that the owners have to notify the new buyer that they're buying a house next to the landfill, legally that may not hold up, but the owners wouldn't have any objections to it because there's no way a person wouldn't see the landfill sign. The flood issue is not of major concern because where his clients want to set the house is outside the flood plain. Mr. Ritter further stated that, eventually, the landfill may be a big plus to all the land value in the area. If the owners put a business on the property, they'd have to have a well and a drainfield. Ideally, maybe what the proper use for this property may be is to apply to the County for a rezoning once they get a variance and put a well, septic and a building there and that property may be ideal for a metal building for some type of recycling process to accommodate the landfill. Ms. Mather asked Mr. Ritter what type of septic system the land is approved for. Mr. Ritter stated it was originally approved for a three bedroom system. Mr. Ritter thinks it's a pure flow system; a more expensive system. The last report, unless they re -plat it, is for two bedrooms. Mr. Rinker asked if any part of the drainfield is in the flood plain area and Mr. Ritter responded yes, the lower corner of it. Chairman Catlett asked if anyone in favor of the variance request would like to speak and no one responded. She asked if anyone opposed would like to speak and no one responded. The public hearing portion was closed. DISCUSSION Ms. Mather stated that she thinks if this were a commercial piece of property with water and sewer, she would have no reservations, but there are some who might sell this residence to someone from the city who could only see it after dark. Ms. Mather feels the Board is setting themselves up for a problem down the road if this is a residence. There's no guarantee without having water and sewer that at some point the well won't become contaminated because of the leeching that normally happens from Minute Book Page 1385 Frederick County Board of Zoning Appeals Minutes of June 20, 2006 the landfill. A much better use for the property would have something to do with the landfill. Mr. Wells stated that the question of liability - there isn't any liability for the Board members. The Board of Zoning Appeals' authority is to decide whether to grant the variance and the Iiability would be up to the owner of the land and the builder. Mr. Cheran noted for the record that zoning isn't changing; it's still RA. Mr. Shenk made a motion to approve Variance #10-06. Mr. Wells seconded the motion. The vote was a tie vote, with three members voting yes and three members voting no. The motion did not receive the required affirmative votes. PUBLIC HEARING 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 113 Callaway Court, and is identified with Property Identification Number 76A-1-35 in the Shawnee Magisterial District. ACTION — VARIANCE TABLED Mr. Henry gave the staff report. Mr. Henry stated that the next three variances before the Board are going to be very similar. This property was created in 1946. Frederick County adopted performance zoning in 1967, at which time this property was zoned A-2 (Agricultural General). The property setback lines at the time of adoption were 35' for both fronts 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' front, 60' rear and 50' 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. The applicant is seeking a variance of 40' on both side yards to build a two-story residential structure of approximately 1,568sf. Mr. Henry noted that on the application, the applicant put that the land is vacant, but there's actually a small house on the property. Should this variance be granted, the building setbacks for this property would be 60' in the front, 60' in the back and would change to 10' on the sides. It is important to note that with the given setbacks, the dwelling will fit the appearance of the neighborhood. It appears that the 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. Minute Book Page 1386 Frederick County Board of Zoning Appeals Minutes of June 20, 2006 Ms. Mather asked if the entrance will be off of Front Royal Pike or Callaway and Mr. Henry responded Callaway. Mr. Rinker asked if the cul-de-sac has invaded the subject property and Mr. Henry stated he is not aware that it has. Mr. Rinker noted that it is only half a cul-de-sac. Ms. Mather asked the square footage of the lots and Mr. Henry replied that they're roughly 8,000s£ Chairman Catlett asked Mr. Henry if there is a house presently on the lot and Mr. Henry responded yes. Mr. Perry asked if the house is going to be demolished and Mr. Henry answered yes. Chairman Catlett asked if this is a useable lot for residential purposes as it stands now. Mr. Henry stated that it is. Chairman Catlett stated they wish to tear this down and build a larger structure and Mr. Henry replied yes. Ms. Mather asked how large the proposed dwelling will be and Mr. Henry said 28x28. Mr. Shenk asked if the existing residence meets the original requirements that were set aside in 1967. Mr. Henry stated he couldn't say because he doesn't know where the house is located right now on the lot, but he believes it's fairly close to being 15' within the sides. Chairman Catlett asked, since there are three requests in the same name, are there houses on all three lots. Mr. Henry stated no, just this lot. Mr. Mike Artz approached the podium and stated that he is representing the owner. Mr. Artz stated that this is a very similar request to one which he brought to the Board about one year ago on the Funkhouser Lots. These lots were created in the 1940's and were intended to be 50xl80. Since then, there's been road widening on Rt. 522 which has taken away some land from all these lots, and that contributed to creating a fairly high bank along Rt. 522. The existing house on Lot 35 was constructed in 1960 and is planned to be demolished. Mr. Artz stated that he did not locate the house in the course of his survey so he couldn't say if it meets the setbacks or not, but it is not in the best of condition. The intent is to demolish the house and replace it with a new structure that would meet the requirements. Ms. Mather asked the size of the new structure and Mr. Artz replied 804sf and if there are two stories, 1600s£ Mr. Artz further stated it is the intent that access would be from Callaway Court, not off Front Royal Pike. Mr. Perry brought up the fact that a structure with less width might be a better use of the variance request. Mr. Artz stated that he has power of attorney and he would be willing to revise the request for 15' setbacks on both sides. Minute Book Page 1387 Frederick County Board of Zoning Appeals Minutes of June 20, 2006 Chairman Catlett stated that her concern is that it is not a building lot, it is a lot that contains an existing residence, so does the hardship exist? Mr. Perry asked if it's a livable building. Mr. Artz replied yes, it's in poor condition, but it's livable. Mr. Artz stated that where there's an existing residence on a piece of property, the zoning regulations do allow for a person to replace a residence on a piece of property. Under those circumstances, a person could actually build a much bigger house as long as they didn't build the house any closer to the setbacks than they already are. While there might be an argument that says yes we could take the existing house and rebuild it, it could be built bigger if they could continue to meet the same setbacks that the existing house meets. That's a feasible option, but Mr. Artz would prefer to see that house removed and another house built that would be more in line with the restrictions that the variance requests. Mr. Perry stated it would probably make the area look better to have three houses there that were very similar in design. Chairman Catlett asked if anyone is present in favor of the variance request and no one responded. She then asked if anyone opposed would like to speak. Mr. Chuck Swope approached the podium and identified himself as a resident of Callaway Court. Mr. Swope is opposed to this variance request because the houses being constructed will be smaller and he believes it's an issue of trying to squeeze as many houses on as few lots that you can possibly squeeze in. Also, there is someone living in the current structure. No one else wished to speak and the public hearing portion of the meeting was closed. Discussion Mr. Artz stated that he would like the Board members to proceed with this matter with amended variances requesting 35' side yards on both sides as opposed to 40'. Mr. Rinker made a motion to approve Application #11-06 as amended. Mr. Perry seconded the motion. The vote was a tie, with three members voting yes and three members voting no. The motion did not receive the required affirmative votes. PUBLIC HEARING Variance Request #12-06 for Funkhouser Lots, Lot 36, submitted by Artz and Associates, PLC, for a 40' side yard variance on both sides and a 20' front yard variance fronting Callaway Court. This property is located at 111 Callaway Court, and is identified with Property Identification Number 76A-1-36 in the Shawnee Magisterial District. ACTION — VARIANCE APPROVED Minute Book Page 1388 Frederick County Board of Zoning Appeals Minutes of June 20, 2006 Mr. Henry stated that the only variation to this request from the previous request is there is also a front setback of 20' being requested, and the property is vacant. The 20' front yard variance is being requested to save the oak trees on the property. Mr. Mike Artz stated that this request is slightly different; it is a vacant lot. They are asking for a front setback variance against Callaway Court in order to move the house closer to Callaway Court to save a large oak tree located approximately 15' behind the dwelling. That's the only reason to move it closer to Callaway Court. Once again, Mr. Artz offered 35' side yard variances as opposed to 40' side yard variances. Chairman Catlett asked if anyone in favor of this request would like to speak and no one responded. She then asked if anyone opposed would like to speak. Mr. Chuck Swope reiterated his opposition. No one else wished to speak and the public hearing portion of the meeting was closed. Discussion Chairman Catlett stated that -she sees this request differently from the last because it is a vacant lot and the Board has to consider whether it can make it a buildable lot. Mr. Rinker made a motion to approve Variance #12-06 with the amended 35' side yard variance request, together with the 20' front yard variance as requested. Mr. Wells seconded the motion and it passed by majority vote. PUBLIC HEARING Variance Request #13-06 for Funkhouser Lots, Lot 37, submitted by Artz and Associates, PLC, for a 40' side yard variance on both sides. This property is located 109 Callaway Court, and is identified with Property Identification Number 76A-1-37 in the Shawnee Magisterial District. ACTION — VARIANCE APPROVED Mr. Henry stated this is the third variance of this set. A 40' side yard variance on both sides is requested, meaning that it will be 60' off of Callaway as well as 60' off of Front Royal Pike. The lot is vacant. Mr. Mike Artz offered a 35' variance on this request. Chairman Catlett asked for comments, either for or against, the variance. Mr. Chuck Swope reiterated his opposition. The public hearing portion of the meeting was closed. Minute Book Page 1389 Frederick County Board of Zoning Appeals Minutes of June 20, 2006 Discussion Mr. Wells made a motion to approve Variance #13-06 as amended, with a 35' variance on both side yards. Mr. Perry seconded the motion and it passed by majority vote. 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 5:00 p.m. by unanimous vote. Respectfully submitted, Theresa B. Catlett, Chairman Bev Dellinger, Secretary Minute Book Page 1390 Frederick County Board of Zoning Appeals Minutes of June 20, 2006 Variance Request #11-06, Funkhouser Lots, Lot 35 July 10, 2006 Page 2 STAFF COMMENTS: This property was created in 1946. Frederick County adopted performance zoning in1967. 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' for both fronts 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' front, 60' rear, and 50' side setbacks. 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 40' on both side yards to build a two-story residential structure of approximately 1,568 square feet in size. Should this variance be granted, the building setbacks for this property would be: 60' in the front, 60'in the back, and would change to 10' on the sides. It is important to note that with the given setbacks the dwelling will fit the appearance of the neighborhood. 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. Rinker to approve this application with amended side yard variances of 3 5' each, as the vote resulted in a failed motion. As the motion did not receive the required affirmative votes, this application is being brought back to the Board for conclusive action. 76B 2 3 212 4ENOIT, DAVID P 8 ROXANNE C 76B 13151A CANTER ESTATES HOMEOWNERS ASSOC INC suieds 1 R 1aa��_ e 76B 2 3 220A CANTER ESTATES HOMEOWNERS ASSOC INC -- Clydesdale -Dr -- 76A 1 40 KETTERMAN, CHARLES D JR E 76A 1 39 KETTERMAN, CHARLES D JR 76A 1 38 KETTERMAN, CHARLES D JR i_ } 76A 1 37 a STATON, CLIFFORD EUGENE 76A 1 36 STATON, CLIFFORD EUGENE 76A 1 35 STATON, CLIFFORD EUGENE 76A 1 34 GUFFEE, KERI B 76A 1 32 MICHAEL, JASON 76B 1 3 2fes. SOMMER, PHILIP W 76A 1 31 + PITCOCK PARTNERS, LLC •�~-{ 76A 1 30 `111 �.r,�.. piTCOCK PARTNERS, LLC ;} Lot 35 N Frederick County Dept of Planning & Development Variance # 11 - 06 n ^/ L 107N Kent St � ' � Winchester, VA 22601 5—.CO.FREDERICK.VA.US ( 76A - 1- 35) o n n Po 768 23212 BENOIT. DAVID P 8 ROXANNE C 76B 2 3 220A CANTER ESTATES HOMEOWNERS ASSOC INC - Clydesdale -Dr -- 1 1- 76A 1 40 1 KETTERMAN, CHARLES D JR 76A 1 39 S � KETTERMAN, CHARLES D JR k rR i F 76A 1 38„ KETTERMAN, CHARLES D JR k 768 1 3 151A Et CANTER ESTATES HOMEOWNERS ASSOC INC jl l �r 76A 1 37 -.l. t STATON, CLIFFORD EUGENE 's � 76a 1 36 STATON, CLIFFORD EUGENE 4, I r' 76A 1 35 4 I STATON, CLIFFORD EUGENE 76A 34 j' GUFFEE, KERI B 76B 1 3 236 HAPPEL, KENNETH 0 t 76A 1 32 f/ / t MICHAEL, JASON 76B 13 238 SOMMER, PHILIP W f l 76B 1 3 237 1 76A 1 31 DOTSON, CHARLES A & LOUANN Ik 4 PITCOCK PARTNERS, LLC76A I, 't ��.✓� K P 1 30 PARTNERS, pITCOCK PAR -i LLC ,k c�0L. 35 Na .. an..o ax leu 4W 4.10 aN Frederick County Dept of �.., a wu, s.,,�. <,., e3 �ew.M... mw,,., r.�«�: a.ma� as w•=wm,,, a,.m.e rAmm.�n uu,m Plannin0 8 Development Variance # 11 - 06 707 N Kent St Winches ter, VA 22601 s—.CO.FREDERICK.VA.US C AR,.,.�.aa 76A - 1 - 35 ) Lot 35 Frederick County Dept of Planning & Development Variance # 11 - 06 w c 107NKenl Sl Winchester, VA 22601 srmeP /. r.�„ �.a: s w .CO.FREDERICK.VA.US 76A - 1 - 35) m n APPLICATION FOR VARIANCE IN THE i'�ii AY 1 9 2006 COUNTY OF FREDERICK, VIRGINIA -OFFICE USE ONLY- Variance Application o. 11-64, Submittal Deadline: S Q 0 (o Submittal Date: 1/66-6 For the ineeting of o 0 G �[ Fee Paid: e, uiitials: '7 614 Sigh Deposit MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner other ./. (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: Michael M. Artz NAME: ADDRESS: 16 E Piccadilly St ADDRESS: Winchester, VA 22601 TELEPHONE: 540-667-3233 TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): 113 Callaway Ct. Stephen's City Funkhouser Lot 35 (Canter Estates) Front Royal Pike, (VA State Rte. 522) 4. The property has a road frontage of 50' feet and a depth of 160' feet and consists of .18310 acres and 7,976 sq.ft (please be exact). 5. The property is owned by Gene Eugene Staton as evidenced by deed from Clifford Eugene Staton; Hazel Inez Staton recorded(previous owner) in deed book no. 449 on page 378 of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: Opequon 7. Property Identification No.: 76A-1-35 8. The existing zoning of the property is: , w- Z 9. The existing use of the property is: Vacant 10. Adjoining Property: USE ZONING North Vacant RP East Rt.522 South Residential RP West Callaway Ct. 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.") 40' Side Yard Variance — Both Sides 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 Lots predate current zoning, -W setbacks prevent any structures ; adjacent parcels have received similar variance 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 Gufee, Keri B Address: 115 Callaway Ct.; Stephen's City, VA 22655 Property ID# 76A-1-34 Sommer, Philip W. Address: 114 Callaway Ct.; Stephen's City, VA 22655 Property ID# 7613-1-3-238 Dotson, Charles A Address:316 Clydsdale Dr., Stephen's City, VA 22655 Property ID# 7613-1-3-237 Happel, Kenneth O. Jr. Address: 341 Clydsdale Dr., Stephen's City VA 22655 Property ID#76B-1-3-236 Address: Property ID# Address: Property ID# Address: Property ID# Address: Property ID# 15. Provide a sketch of the property (you may use this page or attach engineer=s drwkNAg) Qhnw nrnlnn-,ed 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. BOUNDARY SHOWN HEREON WAS DETERMINED BY A FIELD RUN SURVEY PERFORMED BY ARTZ & ASSOCIATES ON MAY 18, 2006. 2. THIS PLAT IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 3. NO TITLE REPORT FURNISHED. N 12'53'19" W 0.72 LOT 34 CALLAWAY COURT ,N 7724'45" E 3.89' N 13'57'15" W 49.31 rn 0 m m 0 0 60' BRL 11.0' 11 Ln PORCH 6, o c2 28' PROPOSED DWELLING m o0 N I 28' LOT 35 7,976 5F S 13'12'27" E 50.00' FRONT ROYAL PIKE PROP05ED CONDITION5 FOR 1.0T 35 (UNKHOU5ER LOT5 OPEQUON DISTRICT, FREDERICK COUNTY, VIRGINIA 5CALE: P' = 20' DATE: MAY 19, 2006 PRESENT OWNER: GENE STATON TM #76A-1-35 DB 449 PG 378 0 Cq LO �w I'0 C�C I` 01A ORTy jNSTBASED ON 9�8z LOT 36 � �P4T � MICHAEL M. ARTZ v No. 1951 �qNO SUR`1�y Artz and A00ociateo, PLd A Oub8idiary of Valley Engineering, PLd LAND SURVEYING LAND PLANNING DEVELOPMENT 16 East Piccadilly Street WINCHESTER, VA. 22601-4740 TEL 540-667-3233 FAX 540-667-9188 TOLL FREE 1-80D-755-7320 AGREEMENT VARIANCE # 1E -0e 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. SIGN TURE OF P IC DATE SIGNATUJZE OF OWNER i aA-A� DATES 1101 /0&(If other than applicant) -OFFICE US + ONLY- BZA PUBLIC HEARING OF o o ACTION: APPROVAL SIGN BZ k CHAIRMAN �&�_66 DENIAL DATE: BZA PUBLIC HEARING OF 7/18/06 ACTION: APPROVAL SIGNED: BZA CHAIRMAN 1 51 .1A 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 r c S t e* 4v /J (Phone) �7 (Address) v 1/ � . 11" ' T % the owner(s) of all those tracts or parcels of land ("Property") co veyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. on Page , and is described as Parcel: Lot: Block: Section: Subdivision:at�UH �2 etcS do hereby mak , conytitute and appoint. (Name) C z CI e- i r -1-one -11-5 J 3,;?33 (Address) c= c' c: �, , 'a on -'' a2 a C3 To act as my true and lawful attorney-in-fac 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 autg�Wization shall -expire one year from the day it is signed, or until it is otherwise rescinded or modified. z In witness thereof, I (we) have hereto set my (our) hand and seal this E"day of �k),Qvj,, 200 , State of Virginia, City/C un y of To -wit: I, �a�Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who is (are) known to me, personally appeared before me and has acknowledged the same before mein the jurisdiction aforesaid this" day of , 200 . � a - �)k - Dc�u`-1 My Commission Expires: Notary ublic ` VARIANCE APPLICATION #14-06 GREGORY RINARD Staff Report for the Board of Zoning Appeals Prepared: July 7, 2006 Staff Contact: Kevin T. Henry, Planning Technician This report is prepared by the Frederick County Planning Staff to provide information to the Board of Zoning Appeals to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. BOARD OF ZONING APPEALS HEARING DATE: July 18, 2006 - Pending LOCATION: 5978 Valley Pike (Route 11) MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBERN: 85-A-31 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: Residential VARIANCE REQUESTED: A 6' front yard variance and a 21' side yard variance on both sides REASON FOR VARIANCE: Front setback needs to accommodate septic and side setbacks because of narrowness of lot. Variance Request #14-06, Gregory Rinard July, 2006 Page 2 STAFF COMMENTS: This property was created in 1954. Frederick County adopted performance zoning in1967. The Frederick County historical zoning map shows this property was zoned A-1 (Agricultural Limited) inl 967. 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. STAFF CONCLUSIONS FOR THE JULY 18, 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 6' in the front and 21' 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' in the front, 50' in the back, and 29' on the 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 may be justified. J � A 05 C 0 P^ O . 85 A 45 ,`�O 0 P`•�P Op•�. \� DALKE'S THEATRE, INC. QpQ` `O �0• �v' �.G �. 10.16 q� w� 4 �(i pco P OPS \ 85 A 43 y;�� p P PDQ Cly MCDONALD, W DOUGLAS 8 SHERRY E I 36.61 tT`� P PrG y �P \ i Q / 0 OQ• p. I II41 i 85 A 32 It MANGUM, ALTON REEVES 2.33 w JNa` l/Piyq�� s q 4e �CG� Bs9 � O,Q` 85 A 29 TEAL, SUE ANNE !F q 3y 9lTO ��_ GFS 10.39 i yyPosq � 0 oy�FF �y�T es o�y6 I Off, 9 qC 11 110 7) � Fey✓ �� ' �0 'fir 85 A 68 RAMEY, SUE 20.35 I I I n � Gregory Rinard Frederick County Dept of "" sson esoer /� s•aeemry naeea w - [ Planning & Development stats .ti.ry n•••. S VAR # 14 - 06 107 N Kent St /V ailmnry ftoaea '-NAnG,eMer CM Poem a„ne.aa r-, 85 - A - 31 Winchester, VA 22601 -.CO.FREDERICK.VAAS avaateos_c •b / June 26, 2006 . v' zson uw.r /�I s.rAnn.ry RoeE. Zoning Mz peaon.ei, c.nerai puma) �� st,—t. / /rrwry Rw at (eeaneaa. wipheornooe Da ) I pMNi (Merck Rome commnnmr Dana) Gregory Rinard Frederick County Dept of ^/ Pemen RVAnc.oeea CM Rmea 83 (au 1n -.1 D-1)MS QAeOrul auppan pulnd) w `y�� Planning & DeN Kent St velopment 4W e re ennnhea e.a.= i. .. -ee oawq 40 Re (R.ueemul, Pknn.e cammeney -.Qs VAR # 14 - 06 107 wnRr.�cmpenRmem has eyi�EM �E,v.a�.. M.wre.wn.e norma) �PS(Reaeenla Reueelwnel Community dmeq (85-A-31) wvnv.CO.FRWo,CEDter,VA 22601 416- H Mnem EEunlwn aq ) r RH (Rum�Meea Diarc�l —�— June 26, 2006 �':� Mt on.-.,.apnl c.—)RP (Reutlamui Partamunw parcp • ° s„,_' ason Barter w seaonaen Roeae Zoning Mx Maae+wi, cenerY omm�l ee,e Iercury Roaae Bt Buuneec Heipeeomoaa nw p —MHI ealb Homo GammunMOulna) ,�-�j�Gregory Rinard Frederick County Dept of N P—W R..d, eYer cnr Reeae oa ea�a. . ceee,ei oama) `, Ms (-d—i sarPan rn ma) w E Planning & Development .1—nm d 4Dri RaYna .aaaYro,Tmea,en�w,ro 4M R, ReYaeniw.PbnneacemmawraY,c,) 5 VAR # 14 - 06 I07NKentSt EM IE.nean a Meawenenap oama) t♦ RS (Reeiaanrul Re 1-160 —q tAYaae Winchester, VA 22601 L+y�k' HE Mgeer Etluulron pavcp Ra (Rareiaroee omrroq ,—�,.. (85-A-31 w .CO.FREDERICK.VA.US .e 4�M+pneaemni. upm owns) RP (ReetlenlelPeaormenw gelrce a ` June 26,2006 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA Variance Applicatio No. Submittal Date: x 04, Fee Paid: L_ e initials: Sign Depost2 -OFFICE USE ONLY - Submittal Deadline: For the meeting of ! 102 � MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner V111 other 2. APPLICANT: NAME: L (' Onn (a ADDRESS �t TELEPHONE: j1_ � . (Check one) OCCUPANT: (if different) ADDRESS: TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): CSA- I oiase_(_-Nn} � (I-+ Q 77 -- efh�i� , GCl M 4. The property has a road frontage of CK0 feet and a depth of y 7V� i feet and consists of C(. -Ci acres (please be exact). Page 5 of 9 ,� r c �,d E o C1� i teff- S ��e�yV�Gi'fla' �� c�J�' 5. The property iso ned by as evidenced by deed from recorded (previous owner) in deed book no. 239 J-2%Ion page IS dr 6011 of the deed books of the Clerk of the Court for Frederic i %_%JU IvPlease attach a cop;, of the recorded deed. 6. Magisterial District: 13 7. Property Identification No.: � �� ' S �%�� G� �Xi3 fj� 8. The existing zoning of the property is: rrsl cf67/1 a/ LC45 13) 9. The existing use of the property is:j"►�%C�%` � S= 10. Adjoining Property: USE North Af-1q j Vc.sfl O East eir,,E; y C/C Le! -?C " South hki-�7 C West ray-Klrld, -Fc4,-Pi ZONING PJO RA_ 9 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.") 4�_r[ 0-f sid fi acLlarr�17q- 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 m Fyon�- b,�,(zecsr ercce'scL/ //Ccc/s -/b be U o-( 16� Page 6 of 9 13. Additional comments, if any: I hC ,G -t 40, 99—A-31 )-KI5 bC'Co? ILC.S*J- Q?Cj o n Pcr U wine, in f G Actn (�;r rtG rxe +rt�lcl �� r, �c'c%'d � �� h /re �C�� C � G'r -��%�a�/>r-r�Sh��► , %'h��r,� 14. The following names and addresses are all of the individuals, firms, or corporations Sec owning property adjacent to the property for which the variance is being sought, q''c including properties at the sides, rear and in front of (across street from) the subject le ff cr property. (Use additional pages if necessary.) These people will be notified by mail F Fah of this application: Page 7 of 9 Address CI -317 (,I� C; )c'i-yc l Nt LLm'c ("ik tt V - Property ID # &S Address SC`G Ci Property ID # 7 _ _ -J 1"AL�lic {�(1 Address ► Properly ID # _- _ S,�I e ` eC_� � Address c)C -�� Property ID # IF, S _ C-1 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. Fl,fosc S-CC�S d- d m c"1 y& Page 8 of 9 VARIANCE APPLICATION PLAT LAND OF GREGORY RINARD OPEQUON DISTRICT FREDERICK COUNTY, VIRGINIA 29.0' 1 bl'D S 48'00'00"I W 100.00' OBERT O'INEAL LOT � N/F TSL N 37.50' 37 0 p O S 26588 SQ. FT. I I � I I PROPOSED DRAINFIELD Lij -i rn of d N Qs• I W CD z W \ I o 2 LL- o TAX MAP PARCEL - O \ L8�-A-31Z. 0 Z o cV \ Z � N N A PROP65E9 9Y4llVC 29.0' 1 bl'D S 48'00'00"I W 100.00' OBERT O'INEAL LOT � N p 0 p O NO TITLE REPORT FURNISHED CHRISTOPHER D. FURSTENAU No. 2727 y tq�D strt;vti`��4 CHRISTOPHER A FURSTENAU, L.S. PC 133 WEST BOSCAWEN STREET SUITE 2 WINCHESTER, VIRGINIA 22601 540 542-1164 FAX 540 542-1183 SERVICES@CDFSURVEYS.COM MEMBER VIRGINIA ASSOCIATION OF SURVEYORS DATE: MAY 17, 2006 THIS IS TO CERTIFY THAT ON MAY 17, SCALE: 1'=50' 2006 THAT I MADE AN ACCURATE SURVEY OF THE PREMISES SHOWN TAX MAP. 85-A-31 HEREON AND THAT THERE ARE NO EASEMENTS OR ENCROACHMENTS W.O. 06-00-0000 VISIBLE ON THE GROUND OTHER THAN 1P&pnq.j7 ounwxr ryrmmnnr AGREEMENT VARIANCE # f L(G (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 APPLI DATE SIGNATURE OF OWNER (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF /06 ACTION: -A - SIGNED: APPROVAL BZA CHAIRMAN DENIAL DATE: Page 9 of 9 DATE Bid° 1511G 1696 n� THIS DEED, made and dated this 30 day of September, 1998, by and N between RAYMOND W. BROY and BRENDA CfHLDRESS Co-Executors of d the Estate of MYRA SNYDER BROY, hereinafter called the Grantors; and GREGORY B. RINARD, hereinafter called the Grantee. c P. WITNESSETH: That for and in consideration of the sum of Ten Dollars, and other valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby grant and convey with Special Warranty unto the Grantee, H in fee simple, the following property: All of those three certain lots or parcels of land located on the north side of U. S. Highway I I (Valley Pike), in Opequon Magisterial District, Frederick County, Virginia, amounting to 1.069 acres, more or o o less, and designated as Lots 13 and 14 of the Lots of Robert O'Neal fl and an additional lot to the West, all as more particularly described by a plat and survey dated September 22, 1998, by David M. Furstenau, L.S., attached hereto and by this reference incorporated herein; N AND BEING the same property conveyed unto Gillis G. Broy and Myra G. Broy, husband and wife, as joint tenants with common law E. O'Neal, et rights of survivorship, by two deeds, the first from Robert z aI, dated November 5, 1954, recorded in the Clerk's Office of the 0 Circuit Court of Frederick County, Virginia, in Deed Book 234, at Page 243, and corrected by deed dated November 30,1955, recorded in the aforesaid Clerk's Office in Deed Book 239, at Page 154, and the second from Robert E. O'Neal and Irene C. O'Neal, husband and wife, dated April 14, 1962, and recorded in the aforesaid Clerk's Office in Deed Book 277, at page 691, the said Gillis G. Broy died on �,ey i$, 19 by the survivorship provisions of said deeds Novf,%And Irl. "UTC„rW=U AT,OFWWYATL W 1B4iBT' �ygyi�i.VAP�O -1 SR916PG 699 the said _aroperty vested is his widow, Myra G. Broy, wno subsequently died on November 27, 1997, seized and possessed of said pro?erty and the Grantors herein quaufaed as the Co -Executors of her estate and they t were empowered and directed to sell her real estate by the terms of ser ! last will and testament dated January 31, 1986, with a codicil dated ; February 8,1991, of record in the aforesai6 Clerk's Office in Will Book 111, at Page 1497. Reference is hereby made to the aforesaid instruments and tine attachments and the references therein contained, for a more particular description of the property hereby conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record, if any, affecting the subject property. WiT][iESS the fo"lowing signatures and seals: l�N' (SEAL)RA 0-tDtor �xcah(SEAL) f B C- DA CHI DRESS, Executor 4 STATE OF VIRGINIA Cli i Y vi -WINCHESTER, to -wit: The foregoing instrument was admowLedged before me in my City and State this 30 day of beY 1998, by RAYMOND W. BROY and BRENDA CHILDRESS, Co-'::xecutors of the Estate of Myra Snyder Bray. 31 1>00 I My Commission Expires: VYAQ19�— N ARYPUBLICHuTrMemom u,wsr.,ruw LIL 8 -KO' 6 P 1700 Sgp4' Sg' J I.,£ 101• pod N t'or. MIS IS TO CERTIFY THAT ON SEPTEMBER 22. 1998 '` I ltJ1DE AN ACCURATE SURVEY OF THE PREMISES SHOW i HEREON AND THAT THERE ARE NO GROUNENTS OR 1 + ENCROACMHTS VISIBLE ON INE GROUND OTHER THAN i THOSE SHORN HEREON. A" DEED REFERENCESt IIS. 239 P. 154 DB. 277 P. 691. toto to m in 1.069 ACR I. z N ' (total) w -1� ..I . t- d m� .q Q�+ �e �tu ? t�-7 ges�— '--� a ` 141 Stn z I i i i i �'r, � 'iOU5E LOCATION SURVEY LOTS 13 & 14 ROBERT O'NEAL '-OTS AND AN ADDITIONAL LOT TO THE WEST OPEOUON DISTRICT FREDERICK COUNTY. VIRGINIA i +ipa • 70. fi3� t 600' TO FAWLY DA. . 5 M°00' 00 qI VALLEY ?XE c So' WIDE a DUID AL HASTE" N0.1455 �-;a 9 � %, ft cI IrNt�,, IrSEPT. 22,1998 •�� IJI.STENoU,,$URVEYIN6 15401662-9323 jEr A L , r a 6o,' moo^ ami , 7e,•. �l _ �9 SQUT1�•LQUDQUN • $ i , WihC: �EST'E3,l Vida 614 i i vena tft FREOMM CCUem SCtday I Tt�� inatruant o VIA w18 force ? X'o and with C811111CAtO of acknowledgment thereto annexed wea m d to record Tax Imposed by Se" eaaeble1-802 t _ • t ,and SLI -801 have been paid, " f/4 --j• Clerk ■y■I CLINTON R. RITTER ATTORNEY AT LAW j [l L 5 2006 205 EAST BOSCA.WEN STREET WINCHESTER, VIRGINIA 22601 540-662-7175 540-662-1038 fax July 5, 2006 Mark R. Cheran Zoning Administrator BY FAX 7/5106 RE: Variance Request x`10-06 of Kay Mor, Inc. and Debra Toms Dear Mark: Youagreed to conAnue 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, Clintou R. Ritter Attorney at L aw CRR/tf