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BZA 12-18-07 Meeting AgendaAGENDA FREDERICK COUNTY BOARD OF ZONING APPEALS The Board Room Frederick County Administration Building 107 N. Kent Street Winchester, Virginia December 18, 2007 3:25 p.m. CALL TO ORDER 1) Determination of a Quorum 2) Minutes of November 20, 2007 PUBLIC HEARING 3) Variance Request 425-07 of Red Apple Group, for a 30 foot left side yard variance, resulting in a left side yard setback of 15 feet. This property is located at 277 White Hall Road (Route 671), and is identified by Property Identification Number 32 -A -68E, in the Stonewall Magisterial District. 4) Other PILE 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 November 20, 2007. PRESENT: Theresa Catlett, Chairman, Opequon District; Robert Perry, Vice Chairman, Stonewall District; Dwight Shenk, Gainesboro District; Kevin Scott, Shawnee District; Eric Lowman, Red Bud District; Jay Givens, Back Creek District; and, Robert W. Wells, Member -At - Large. ABSENT: STAFF PRESENT: Mark R. Cheran, Zoning and Subdivision Administrator; Lauren Krempa, Planner I; and, Bev Dellinger, BZA Secretary. CALL TO ORDER The meeting was called to order by Chairman Catlett at 3:25 p.m. On a motion by Mr. Perry and seconded by Mr. Shenk, the minutes for the October 16, 2007, meeting were unanimously approved as presented. The cut-off date for the December meeting is today, due to the Thanksgiving holiday. Mr. Cheran stated that as of now, there is one variance to be heard in December and the Bylaws will be approved and adopted at the January 2008 meeting. PUBLIC HEARING Appeal Application #24-07 of Pearl Underwood, to appeal the determination of the Zoning Administrator in the administration of the Frederick County Zoning Ordinance pertaining to Section 165-25(B), Lot Requirements. The subject property is located at 521 Marple Road (Route 654), .08 miles from Route 522 North, and is identified with Property Identification Number 51-A-117 in the Gainesboro Magisterial District. ACTION — APPEAL DENIED, ZONING ADMINISTRATOR'S DECISION UPHELD Mr. Cheran presented the staff report. The applicant is appealing the decision of the Zoning Administrator as to the number of dwellings on a lot. Mr. Cheran further stated that the applicant was cited on September 17, 2007 by Frederick County for having more than two dwellings located on this property located at 521 Marple Road; this property had an existing dwelling prior to May 2004. The applicant applied for a building permit, #853-2004, to construct a new dwelling on this property, and for a change of use permit, #868-2004, for the existing dwelling by removing the kitchen so the structure could be used for storage. The Zoning Administrator signed both permits on May 5, 2004, and noted on MinuteBBook Page 1502 Fw,derickounty board oft ing Appeals Minutes o Novem er 20, 087n permit #868-2004 (change of use permit) to confirm that the kitchen is removed. Acceptance of these permits acknowledged that the change in use of the existing dwelling to a storage building was necessary in order to construct the new dwelling. No new dwelling should have been occupied before the change of use condition was met by removing the kitchen and changing the pre-existing dwelling into a storage building. The Frederick County Inspections Department had a follow-up inspection on November 7, 2005 of the property to confirm that the kitchen was removed from the pre-existing dwelling. No one was at home and the applicant did not schedule any other follow-up inspections. The property owner failed to comply with the original issuance of the building permit by not removing the kitchen from the pre- existing dwelling thereby changing the structure's use from a dwelling to a storage building. Section 165-25(B) of the Frederick County Zoning Ordinance states, except where specifically allowed, no more than one dwelling shall be allowed on a lot. A separate entrance, together with separate equipment including a sink, stove or other kitchen or sanitary facilities shall be prima facie evidence that separate occupancy exists and that a separate dwelling exists. The Zoning Administrator issued building permit approval for the new dwelling contingent upon removal of the pre-existing dwelling from the property. Mr. Cheran pointed out that there's a correction order in the agenda to confirm the kitchen was removed from the pre-existing dwelling and no one was home. The prima facie evidence has been established by the fact that the Zoning Administrator required confirmation that the kitchen was to be removed for the change of use permit and this has not happened. Therefore, the property is in violation of the Frederick County Zoning Ordinance. Staff is requesting to affirm the determination of the Zoning Administrator regarding the number of dwellings on a lot. Ms. Pearl Underwood identified herself as owner of the property. Ms. Underwood presented her account of what happened by stating that she contacted Patrick Davenport, former Zoning Administrator, in May 2004 regarding obtaining a sewage permit for the small house and he indicated that she needed to have a finalized construction. Ms. Underwood continued that the construction was finalized in June 2004 and she met again with Mr. Davenport and filled out a change of use permit to change that from a storage shed to an accessory dwelling. Ms. Underwood met with Mr. Davenport on numerous occasions and he indicated that in order to do that she would need to have insurance on both homes, the revised plans for the primary house had to be changed from a three bedroom to a two bedroom to accommodate the pre-existing house, and the square footage of the small house had to be less than 25% of the primary house. She had to submit drawings for the floor plans, the room sizes for the small house and also the plans for the primary house. Once all that was submitted to Mr. Davenport, he said she could go ahead and submit a sewage permit for the small house. Ms. Underwood got an easement letter from Mr. Braithwaite for the septic permit for the small house. When the septic permit was approved, in August 2004, she submitted the drawings she received from this building and took those to Mr. McDonald and he installed the septic for the small house. Ms. Underwood stated that in September they came to inspect the septic for the small house and at that time no one indicated they needed to inspect to see if the kitchen was removed because they had to fill up the tanks with water and they had to obtain a generator in order to make sure that the system itself was working. They got an occupancy permit in October for the main house and in January she got 1503 �MinutQ to k Pag%oard f Z Minutes o Noveyr208�ng Appeals a letter from Frederick County stating that the property taxes had doubled. In 2005, she found a note on the door that the Inspector had been there to inspect the property. She did contact the Inspections Department and was told that the inspection was for the little house because the original inspection in 2004 was never completed. She indicated that she had filled out a change of use permit and was told that she didn't have to remove the kitchen because she had also obtained the septic and water for the small house. In February 2007 Mr. Nichols of Nichols Construction contacted her and indicated that they needed to have someone there to inspect the little house. She told Mr. Nichols that at no point in time have any of the doors in the small house been locked. She said her son did reside in the house for three months. In February 2007 Ms. Underwood filled out another change of use permit and she left several messages with Mr. Cheran regarding the permit, but she was not contacted by him. In March 2007 she met with Gene Fisher regarding what she needed to do and asked for his assistance. Mr. Fisher indicated that she needed to contact John Trenary, which she did. Mr. Trenary told her he would check into the matter and let her know. In September she received a letter from Dana Johnston regarding the fact that she would have to file an appeal. Chairman Catlett told Ms. Underwood that in the Board's agenda they have a copy of the building permit for the new home and a copy of this one where this one specifically says change of use — changing house to storage building. Chairman Catlett asked if she ever received a building permit to change it to an accessory dwelling. Ms. Underwood responded that she received a permit for the sewage which she thought was the same thing. Mr. Shenk stated we have a copy of a correction order in the agenda that shows a date of November 7, 2005 where they tried to do the inspection. Mr. Shenk asked Ms. Underwood if they notified her ahead of time they were going to do the inspection and she responded no. Mr. Givens asked Mr. Cheran, not knowing whether a change of use from storage to accessory dwelling can be approved or not, is there a request in now to change the use from storage to an accessory dwelling. Mr. Cheran stated from the records we have, he would have to say no. If they applied today to do a change of use to have a second dwelling of 25% less than the main dwelling, we could take a look at that, but that has not happened as of today. Mr. Givens asked if there has been no approval of changing the use from storage to accessory dwelling, he understands the ruling Mr. Cheran did, but if there's an application made to change from storage to accessory dwelling, will this all just go away. Mr. Cheran stated if it meets the conditions and it's approved, we would have no issues. Furthermore, not saying Ms. Underwood didn't talk to Mr. Davenport, there are no records from Mr. Davenport, like a letter of determination or certification, other than the building permit signed by Mr. Davenport to confirm that the kitchen was removed. Mr. Perry stated that as of this minute today, there is an issue because we do not have an application to change the use from storage to accessory. The building permit in the Board's agenda says change of use, changing house to storage building and confirm kitchen is removed. This is the issue we're looking at today. Chairman Catlett asked Mr. Cheran if the application for an accessory building is done administratively through the Planning Department and Mr. Cheran responded it would go through the building official and Mr. Cheran would have to sign off on it. Prior to signing off on it, Mr. Cheran would have to check the square footage of the original structure and she would need a CO for that building. inute l o k Pag�g 1504 Minutes orNovember 20o 7gying Appeals Mr. Perry asked if the issue here is that we do not have an application to change the small house from a storage building, which would be granted if the kitchen was removed, back to an accessory building. Mr. Cheran responded yes. Mr. Perry stated that if the kitchen was not removed, then the building permit for the new house was not qualified and Mr. Cheran replied that Mr. Perry is right. There were no public comments and the public hearing portion was closed. Discussion Mr. Shenk made a motion to uphold the decision of the Zoning Administrator, thereby denying the appeal. Mr. Scott seconded the motion and it passed by unanimous vote. vote. OTHER As there were no other items to be discussed, the meeting adjourned at 4:10 p.m. by unanimous Respectfully submitted, Theresa Catlett, Chairman Bev Dellinger, Secretary FMinut� >o k Pag 1505 Minutes o Novemnherr 2d0o 7�8 ing Appeals VARIANCE APPLICATION #25-07 RED APPLE GROUP Staff Report for the Board of Zoning Appeals Prepared: December 6, 2007 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: December 18, 2007 - Action Pending LOCATION: 277 White Hall Road (Route 671) MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 32 -A -68E PROPERTY ZONING & USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) South: RA (Rural Areas) East: RA (Rural Areas) West: RA (Rural Areas) Use: Residential Use: Residential Use: Residential Use: Residential VARIANCE REQUESTED: The applicant is requesting a left side yard variance of 30 feet, which will result in a 15 foot left side yard setback for an existing dwelling. REASON FOR VARIANCE: To correct building encroachment on building restriction line which was not discovered until resale. Variance #25-07, Red Apple Group December 6, 2007 Page 2 STAFF COMMENTS: The applicant is requesting a left side yard variance of 30 feet which will result in a 15 foot left side yard setback for an existing dwelling. This property is located within the RA (Rural Areas) Zoning District and the building setbacks for this property by approved plat are front 60 feet, right side 50 feet, left side 45 feet and rear 50 feet. The left side of the dwelling is encroaching 30 feet over the left setback line. It is noted that this new setback would be measured from an existing right-of-way to an adjacent lot. Section 165-23 H (1) Frederick County Zoning Ordinance provides the survey location requirements for primary structures and states that, "A surveyor licensed in the Commonwealth of Virginia shall establish the location of any primary structure that is five feet or less from any minimum setback requirement". The permit holder submitted an application for building permit (#451-2004), on March 15, 2004, with setbacks of 80 feet front, 165 feet right side, 65 feet left side and 180feet rear. Therefore, the applicant was not required to submit setback surveys for this property. The Frederick County Building Official issued a certificate of occupancy for this dwelling on November 24, 2004. This setback violation was discovered during a title search for resale of this property. STAFF CONCLUSIONS FOR THE DECEMBER 18, 2007 MEETING: The Code of Virginia 15.2-2309 (2), states that no variance shall be granted unless the application can meet the following requirements: 1) The strict application of the Ordinance will produce an undue hardship. 2) The hardship is not generally shared by the properties in the same zoning district and vicinity. 3) That the authorization of such variance will not be a substantial detriment to the adjacent property and the character of the district will not be changed by the variance. It appears that this variance meets the intent of the Code of Virginia, Section 15.2-2309 (2). The property was acquired in good faith by the owner and with no previous knowledge of the setback violation. This request from the current setbacks of the RA zoning district may be justified. I Q ---------------------------------------------------------------------------------- PERNT here, agree to somoly Win all Drovislons of Me vimima �7..-iform Statewide Buillima Cote and tie Winy & SuNivision Ordinances as acootec DY tne -cunt, W orezerlu- EURVEY WANDARDS REVIRED? DETAILED SITE DLAN RERMED? P-r-e --45J401 7 ADDITCann K:Eam NG YES >171A.Pv YES N BMW - ------------------- A f �reoer�c� PERMT� MUn8ER..� 451 - 200� �inch�ster VA 2260� C.C, ISSUED� lz/24/2O04 OCCUPANT LOAD� DIST�ICT� STONEWAL� AREA; White *all/Ka�n SUG-DIV� DATE COMPLErED� 10/28/2004 LOT: SEC�ION� BLOCK; �DDIFICAT�D�S` MODIFICATIO�S� USBC EDITIO�� 1996 USE GR3UP� USE GROUP ^R^ RE�IDENTIA� C��SrR. TYPE: NEW USASE� SI�GLE FAMILY DWELL��� SEWER: ACTUAL COST` �~ ` APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA OFFICE USE OT,LY- Variance Application No. C1 Submittal Deadline:f Submittal Date: For the meeting of r Fee Paid: e initials: Sign Deposit MUST BE TI PED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner other . (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: Onn i so ue, �� t.JaxaS row p , U.C. ADDRESS R-11 3 TELEPHONE: 5 q D- 3.4 3 ,D ';1 i _ NITUM ADDRESS: TELEPHONE: The property is located at (give exact directions and include State Route numbers): oa-t 4p," \t_ 1 it— i a- I (RI to 7 � ?�u p71 X4 '/4 rn; 4. The property has a road frontage of A 00 feet and a depth of 334.7 _feet and consists of acres (please be exact). Mean Page 5 of 9 5. The property is owned by X14 4�1e_ Q'g`o!Af , Ll -C, as evidenced by deed from tn%j JW 01+0 D.:01S' recorded (previous owner) in deed book no. on page 0519 � oS 4�` f the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: 7. Property Identification No 3Z A 48 el 8. The existing zoning of the property is: R A 9. The existing use of the property is: r-5 a t—VNt e- 10. Adjoining Property: USE ZONING North 'IeSIA ire RA East �e.5; A,&I-. 6e: QR South 00- West epi a vnx,e- ll. .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.") R yg.r-A V e�;0. �1ror- ter, .s�ti_- i n 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 es�t7-► c o� �.;�«� tz 41 wv�i V1ei Aileov4,e4 V,,nA;1 1Vi5d_%. Page 6 of 9 !Pi" DAA4 W1 C- r% 3kt-Je.4 WOt5 pg r &, tcfl • r nto OWn"5. 13. Additional comments, if any: V%—! i c% 'Ev mukc 4e- r.® ��.- Q,o )r., `n-% ws41n rr4%,; A i+ C1)10P. Sold 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 (� (� �' I rI S I l% r% M l I tp- Address (p ( W f Ie 1 � Property ID ��-- Lq 4) c' ei C- 'LTr' r' A rn rv%,L Address � (p) Lohilt. V `` Property ID # 3 •, � .(p' Address A G :3 W k &. A A I OC' Property ID # 3 Z -. A -` $ r., Address h �, �OCL4 Property ID # 3; " A - 6 � --6 aFlaLi Y \� 4 O P-1) Address 313 W niTe- 14a1l Property ID 3 a P- A -6S 1� 14A LL- Address d/ d F4 hC, Property ID # Address Property ID # Address Property ID # Page 7 of 9 15. Provide a S1CctCii vi ilio propert-, (you may ',Ase this page -- atta�.h engineer's drawing). Show proposed and/or existing structures on the property, including measurements to all property lines and to the nearest structure(s) on adjoining properties. Please include any other exhibits, drawings or photographs with this application. Page 8 of 9 -ROM :RED APPLE GROUP LLC FAX NO. :910-754-7108 Nov. 19 2007 03:29PM P10 NOV-19-07 02:07 PM RE -MAX 6624742192 P.10 i ! I ' I i` AGREEMENT VARIANCE #,�_�i (Number to be assigned by the Planning Dept_) 1(we), th4 undersigned, do hereby respectfully m4e 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 hcrcin. T Agrce to comply with any conditions for the variance required by the BZA. I authorize the, members ofthe BZA and Frederick County officials to go upon the property for site inspection purposes. s I understand that the sign i$sued to me whets this application is submitted must he placed at the front property line LKven(7)dmPdPrtQ,tbc c hearing and maintained No as to be visible from the road or right -of --way uritis the hearing. I hereby certify that all of the statements and information Contained herein are, to the best of my knowledge, true. DATE 11 1)91.04 } S1 nTURE OF D (if other than applicant) j LLF. MO 43FFICr VZLiQNLY- BTA PUBLIC HEAR-ING OF . / � l � � ACTT014: - DATE- -APPROVAL AT - APPROVAL SIGNED: BZA C*U AN DENIAL DATE: Pagr 9 of 9 BATE -ROM :RED APPLE GROUP LLC 11/20/2007 11:29 FAX NO. :910-754-7108 REMAX 3 910 254 7108 Nov. 20 2007 11:40AM P2 Special Limited Povvow of Attorney County of Frederick, Virginia NO. 983 plug cgrtm, Con®ty of FY&dMdk, Virghkis, 107 Worth Keut Stmt,''OVfne&e r, Vlrginil 22601. Phone 540-665,11931 nese VA -W-095 Know All ivlcn By Theft pmts: That I (W',* �Aoc-"-p (Name). Qin} son i I' ► 2 ;1 l- (Phone) � [ . CI 14— tha owners) of all those tracts (W papWo ofland ("Froyperty") WBVCYod to me (us), by dried recorded in tf= Clerk's Offoo of the Circant Court of the County of Frcdpiak Vit a, by lw�t No. 04 00;k IF On PW' -440.4'5 1124, and is deswibad as j pmel• Int: Block:, Sectiot; _'1Ja]i1�T do h=by make, ooastift& and app'oivt`: -Bonnie St e A e- t..oiJ�i�t, as� (phone) CII-Tame)- (Adrls) 161 0-a �la�;, �..�.s �A 2zI602L— To act as my true and lawful at1amr0Y4n-&et for snout in. ary (our) name, plus and otmA with full powor sd aathority I (Gare) would have if acting pea-sonally to file planning applications for my (our) above descn-bed ProParty, including: p Rna (ineludin$ proffers) ❑ Conditional Use Fenntts ❑ Muter Development Man (Preli=hMrp and Fines ❑ . Subdivision ❑ 810 lata My I&=ay-in-fact owl h"c the authority to offer proffered condaticros and to make amendments to nrr'vin,,gly dnnrovad-oroffwed conditions except as follows: -1n witness themot IA*% have her year from the day it is signed, or until it is otharwise rescinftd or modified. hereto seamy (our) b and each seal thisCk day of —Nov? Prix 00-, ,/' rl _ C---, C r LJ state of V40niA, City/county of To -wit: a Notary Palk in and for the jLTisdiction aforesaid, certify that the person(s) who aigaM to the fortgoing im4 nanent end ov to me, per lly appeared before mie,� and has aaknowledg the; same bclure toe m . 'icf� a staid thi�y of _, zoo . a n Expires:.... R Notary public i. a 002 W 70 THIS LOT IS LOCATED IN HUD FLOOD ZONE C, AREA OF MINIMAL FLOODING AS SCALED FROM FIRM MAP 510063 0075 B EFFECTIVE JULY 17. 1978 HOUSE LOCATION SURVEY LOT B GARLAND R. FRYE JR.AND SHARON A. FRYE DMSIM APPLE PIE RIDGE RD. NO TITLE REPORT FURNISHED PLT H OF- CHRIST F v CHRISTffPHP"D. v FURSTENAU Lic. No. 2727 C�c¢l�Loo7 .. NO SuF"q- 30' PRESCRIPTIVE ESM'T SELLER: RED APPLE GROUP LLC REFERENCE: INST. 04-22075 PURCHASER: WARD CHMSTOPHER U. FURSTENAU, L.S. PC 133 WEST BOSCAWEN STREET SUITE 2 WINCHESTER, VIRGINIA 22601 540 542-1164 FAX 540 542-1183 SERVICES@CDFSURVEYING.COM MEMBER VIRGIlVIA ASSOCT_ATION OF SURVEYORS ATE: OCT. 24, 2007 THIS IS TO CERTIFY THAT ON OCTOBER SCALE: 1"= 60' 24, 2007 THAT I MADE AN ACCURATE SURVEY OF THE PREMISES SHOWN TAX MAP: 32—A -68E HEREON AND THAT THERE ARE NO EASEMENTS OR ENCROACHMENTS W.O. 07-00-0224 VISIBLE ON THE GROUND OTHER THAN THOSE SHOWN HEREON. _/ L07 4-® ADAMS 5i_ 7 B 5� G 0 2 7 Q / RA RESIDENCE a 6 90nE 287 r o 0 / NG 0 DwELLWELLUdG 0 � II / EXISTING WELL REMAINING SAND Se3�3 ACRES Ito r p t3R IPS I �� 55opi3 fig" \ 5 APP ' � 9' 1 R4� i1L DiF` m I �OT S 3.,41 8 0 9 ACRE m 5 rL�.ur�{ Bh�pp '�;� � � 9 i 4 li 0 G..7'Y tt Loho ,r'! qN - ACRES 3BO.08' _ zoo y92.10' R-367,54 P tG N 45047'060W 392.10' RC121.65' ROUTE 671 ' . ( 30' PRESCRIPTIVE ESM' T D MIS LM DOW NOT Ull IN S ISD MM 100- 715 1`5 pi- .., uud fwivato w-vC ay s wt Wil!. nmmg to zccl gq.of, gnd wm wt be umullncd by, Lho VLrglala 04-W= of Tras;ori dw -or tho Cwoty of FodaidL Tata Imp wcmea and ma3amwo of Bald driveway shallbo tba solorcVemllb ty of !ha otonas of lots which = pmww With =m wa da drivomy. Said &I - d pdvata'ddvaways wilt not bo eoasidaui for Incltutoo into Lha slate ayuem twill ibay meet Lha applicable JbnSiteCflan sJaadards of UtJ.� Depulmeat of Trang*Twl= The cast of bdaging said 6dvtaays to acceptable =adiu* shall not be borax by Lhe Virglnla D ub= of [tanspertatlon aor by Frcdalek County. r0 j �n S 1. 84°42• 20" w 35.41' FINAL PLAT MINOR oURRE YISION LAND OF GRRLRXD R. FRYE JR. RND SHRRON R. FRYE STONEYRLL IOI5TRICT FREDERICK COUNTY, VIRGINIA LOT B Is TO BI COYMM TO JWIM I- im — rl IIuu Pffii. LOT a IS TO BB COB= TO Gd D 1;F JIRGINIk FREDEFICK WT. 0,%Trs JOLY 22,1992 This lrrotrumel riti of wq v,15 ott. s _j 1 �6�6�r •ra 100' FUR STEIN �, to ma an the i FURS 'D E�l\�Ab SL 19. rt;;f to of + t thwtto nnmd ms 9Wff. NYt edmbed to racad. STOPMENS CITY, YIFIGJI 4h�6 z 4E z.._ CLERK Printed On 10242007 By CHRISTOPHER D Fl ,,-ENAU L 0400-62075 O Ul Tax Map #8.32 -A -683E co THIS DEED made and dated this Zeday of October, 2004, by and between CHARLES L. SHIFFLETf, SR., hereinafter referred to as Graniors and RED APPLE GROUP, L.L.C., a Virginia Limited Liability Company, hereinafter referred to as the g Grantee. WITNESSETH: That for and in consideration of t. a sum of Tan Dollars ($10.00), cash in hand paid, and other good and valuable consideration, the receipt of Which is hereby acknowledged, they Grantor does hereby grant, bargain, sell and c onvev, with General Warranty and English Covenants of Title, unto the Grantee, in fee simple, the following described tract of land located In the County of Faededok, Virginia (the 'P,roperV'): o All of that certain lot or reel of land, h pa together with all rights, Z6 rights of way, privileges, improvements thereon and appurtenances theFeanto belonging, fror;ing the Northern side cf Route 671 in Stonewail Magisterial, Ristrict, Frederick County, Virginea, and more particularly described as Lot f3, containing 2.3463 acres on Final ----- Plat, Minor Rural Subdivision of the Land of Garland R. Frye, Jr. and Sharon A. Frye, prepared by David M. Furstenau, L.S., dated ,lulu 22, 1992, of record in the Office of the Clark of the Circuit Court of Frederick County, Virginia, in Deed Book 7831 at Page 555 - and by this reference made a part hereof as if set out in full; AND BEING a porton of the real estate conveyed to Charles L. Shifflett, Sr. by deed dated October 31, 2003 from Gina Mary Ensogna, said deed is of record in the aforesaid Clerk's Office as Ins~arurnent 9'o �W30025487. 0 Reference is here made to the aforesaid instruments and the attachments and N the references therein contained for a further and more particular description of the M property hereby conveyed_ v Printed On 1024/2007 By CHRISTOPHER D } ;TENAU L "— b his conveyance Is rude subject to all duly recorded and enforceab!e �1 ^ restrictiors, easements and rights of way. WITNESS the following signature and seal: � WA. SE,� SHIFFL , SR. STATE OF VIRGINIA a7y 0= V/ KOr.ES7-ER, To -wit: TY a foregoing instrument was acknowledged before me this day of October, 2004 by CHARLES L. S'-.IF=LE7 SR. Ply Commission expires: X07ARy _31BLrc ®ted prepared by: THOMAS M. DICKINSON, JR., ESQUIRE THOMAS M. DICKINSON. JVD., P.C. 102-2 SOUTH KENT STREET WINCHESTER, VIRGINIA 22601 VIRGINIA: FREDERICK COUNTY, SCT. This instrument of writing was produced to me on /®- e O at _j.� and with certificate of acknowledg wnt thereto annexed was admitted to record. T imposed by Sec. 58.1-802 of S and 58.1-801 have been paid, if assessable 4104'�ea 4 'Clerk