BZA 10-19-10 Meeting AgendaAGENDA
FREDERICK COUNTY BOARD OF ZOMNG APPFIALS
The Board Room
Frederick County Administration Building
107 N. Kent Street
Winchester, Virginia
October 19, 2010
3:25 p.m. CALL TO ORDER
1) Determination of a Quorum
2) Minutes of August 17, 2010
PUBLIC HEARING
3) Variance Request #06-10 of Cynthia Bergman, presented by Darren Foltz, for a 35 foot
front yard variance, resulting in a 25 foot front yard setback, for the construction of a
detached two -car garage. This property is located at 251 Lake Serene Drive, and is
identified with Property Identification Number 3113-1-21 in the Gainesboro Magisterial
District.
4) Other
N I a V V
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 August 17, 2010.
PRESENT: Kevin Scott, Chairman, Shawnee District; Bruce Carpenter, Gainesboro District;
Jay Givens, Back Creek District; R. K. Shirley, III, Opequon District; and Eric Lowman, Red
Bud District.
ABSENT: Robert Perry, Vice Chairman, Stonewall District; and Robert W. Wells, Member -
At -Large.
STAFF
PRESENT: Michael T. Ruddy, Deputy Director; Dana Johnston, Zoning Inspector; and Bev
Dellinger, Secretary.
CALL TO ORDER
The meeting was called to order by Chairman Scott at 3:25 p.m. and he determined there
is a quorum.
On a motion made by Mr. Givens and seconded by Mr. Shirley, the minutes for the April
20, 2010, meeting were unanimously approved as presented.
Chairman Scott inquired if there are any applications pending for September. Mr.
Jolulston responded there are no applications at this time; the cut-off date is Friday, August 20,
2010.
PUBLIC HEARING
Variance Request 405-10 of Bethel United Methodist Church, for a 141 foot
right side yard variance, resulting in a 59 foot right side yard setback, for a
church addition. This property is located on the southeast corner of the
intersection of Muse Road (Route 610) and Hollow Road (Route 707), and is
identified with Property Identification Number 26-A-56 in the Back Creek
Magisterial District.
ACTION -- VARIANCE APPROVED
Mr. Johnston presented the staff report. Based upon the small size of the property and large
setbacks associated with the RA (Rural Areas) zoning district, the applicant is requesting a 141 foot
right side yard variance. If granted; this variance would result in a 59 foot right side yard setback. The
surrounding property is 25 acres zoned RA and is an active orchard, making the required setback 200
feet for this property
Mr. Johnston further stated that this request is to allow for a 20x18 foot addition on the right side
of the existing church building for the construction of a modern restroom facility. This request from
Frederick Coe Board of Zoning Appeals
August 17, 2f�10 1545
current setbacks of the RA zoning district may be justified in order to enable the construction of a
modern restroom.
Mr. Givens had a question about a letter signed by Kay M. Bolinger, owner of the "Muse
property" which adjoins Bethel Church. It appeared to Mr. Givens that Ms. Bolinger was actually trying
to grant the variance, but he interprets it to say that she approves of the variance. Chairman Scott also
interprets the letter as an approval of the variance. Mr. Johnston stated the letter is to show approval for
the variance. It was recognized that only the BZA can grant a variance.
Mr. Darren Foltz identified himself as representing Bethel Church. Mr. Carpenter asked Mr.
Foltz, with the new building inspections for plumbing requirements for new construction, if he has
verified that there will be enough room. Mr. Foltz responded that he has talked with the contractor and
they will have enough space.
Chairman Scott asked if anyone present would like to speak to the Board about the variance
request, either in support of or against. There were no citizen comments. Chairman Scott closed the
public hearing portion of the meeting
Discussion
Mr. Givens made a motion to approve Variance #05-10 for Bethel United Methodist Church.
Mr. Shirley seconded the motion and the vote was unanimous for approval.
Other
There being no further business, the meeting adjourned at 3):35 p.m.
Respectfully submitted,
Kevin Scott, Chairman
Bev Dellinger, Secretary
Frederick Couniv Board of Zoning Appeals
August 17, 201V 1546
VARIANCE APPLICATION #06-10
CYNTHIA BERGMAN
Staff Report for the Board of Zoning Appeals
Prepared: October 12, 2010
Staff Contact: Dana M. Johnston, Zoning Inspector
This report is prepared by the Frederick County Planning Slgf f to pro info] iiaation to the Board
of Zoning Appeals to assist theta in inaking a decision on this request. It ina)� also be useful to
others interested in this zoning natter.
BOARD OF ZONING APPEALS HEARING DATE:
October 19, 2010 - Pending
LOCATION: 251 Lake Serene Drive
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 31B-1-21
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: Lake
Use: Vacant
Use: Residential
Use: Vacant
VARIANCE REQUESTED: The applicant is requesting a 35 foot front property line variance,
resulting in a 25 foot front yard setback, for the construction of a detached two -car garage.
REASON FOR VARIANCE: The subdivision was created prior to the current setback requirements
set forth for the RA (Rural Areas).
Variance #06-10, Cynthia Bergman
October 12, 2010
Page 2
STAFF COMMENTS: Frederick County adopted zoning in 1967. 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 feet for the front and 15 feet for the
side yards. Frederick County amended its Ordinance in 1989 to change the A-2 zoning district to the
current RA (Rural Areas) Zoning District. The Frederick County Board of Supervisors amended the
setbacks for the RA Zoning District on February 28, 2007, making the current setbacks for this
property 60 feet to the front, 50 feet to the rear, and 50 feet to both sides.
A garage, by the Frederick County Zoning Ordinance, is defined as an accessory use and is
subordinate to the principal use (house) of the property. The setbacks for an accessory use (garage)
in the RA zoning district are: Front 60 feet, Rear and Side 15 feet. The applicant is requesting a 35
foot front yard variance, resulting in a front yard setback of 25 feet, for the construction of a detached
two -car garage. The applicant believes that the steep topographic conditions prohibit the building of
this garage to meet the RA setback requirements. The property has not met the threshold
requirement of an undue hardship as to the use of the property. The undue hardship would apply if a
principal use (house) could not be built on this parcel due to the ordinance that is in effect.
Therefore, this application for a variance does not meet the requirements as set forth by The Code of
Virginia 1950 as amended 15.2-2209(2), and Section 165-1001.02 (C) of the Frederick County
Zoning Ordinance. The strict application of the Frederick County Zoning Ordinance does not
produce an undue hardship as required by the Code of Virginia.
STAFF CONCLUSIONS FOR THE OCTOBER 19, 2010 MEETING:
In conclusion, this variance request does not meet the intent nor the requirements of The Code of
Virginia 1950 as amended 15.2-2309 (2) and Section 165-1001.2(C) of the Zoning Ordinance, as it
relates to the threshold of a hardship. Staff would recommend denial of this variance application
C 31 A 29
Rl,xeltec! 29.96 ac. Variance # 06 - 10
3l
~zA t Cynthia Bergman
31 A 29 rp �I
RAzoned 29.96ac. A> n PIN # 31
1 B - 1 -21
35' front yard variance
ibir detached 2 - car garage)
-46 r } wo 31 B,1,,B`
t� ; cQ RA"zoned 67!59 ac:
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Variance # 06 - 10
Nate-
fltilia Bergman
4*App'xa—
idsrro-�-a��i�3au+d¢ry
Y!o•a:eci'i
PIN # 318- 1 -21
107NxSt
Kent
n
A!--
Floodplain
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for detached 2 - car garage]
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Map Created: Sept 27. 2010
0 100 200 400 Feet
I i i i
Na[cnal_ra,e
Variance # 06 - 10
Nate-
fltilia Bergman
Frederick County Dept of
g
Planning Development
PIN # 318- 1 -21
107NxSt
Kent
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35' front and variance
suite zoz
10
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V44nchester, VA 22801
for detached 2 - car garage]
540 -665 -5651
Map Created: Sept 27. 2010
0 100 200 400 Feet
I i i i
Staff Planner. MCheran
APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
-OFFICE USE ONLY -
Variance Application N
Submittal Date:' ?!
Fee Paid:fe initials:
Sign Deposit
Submittal Deadline:
For the meeting of /c
MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT
1. The applicant is the owner other (Check one) Please list all owners, occupants
(adult individuals as well as any entities occupying the property), or parties in interest of the
property.
2. APPLICANT:
NAME: :jAJ- 14 r,1 f ffM,Rn1
ADDRESS Z51 LAa 56FRE IL DR.
Vh-
TELEPHONE: J y ®`- 6,67— 3368
OCCUPANT: (if different)
NAME:
ADDRESS:
TELEPHONE:
The property is located at (give exact directions and include State Route numbers):
RI -52-7 pog-tN or UAVCH-c6'rU F,!61 --r oAJ ILVC 60
c " At-- Gru✓e 12v 4 -P LCT: --t- ty /Z�- b l i uN
l.A l -LE S C7i �� C- V
4. The property has a road frontage of _7YO feet and a depth of 41 , 3 feet and
consists of 2.1 & acres (please be exact).
5
c
�r y M f'- R GH Add
5. The property is owned by " t,�,T—W k X, (3c -,R6 M O0J as evidenced by deed
from M t k6, jk�EW recorded (previous owner) in deed book
i of the deed books of the Clerk of the Court for
Frederick County. Please attach a copy of the recorded deed.
tN�-r i:� OI DOO& q,
b. Magisterial District: Gct_>►,C,CL-ems
7. property Identification No.: `?> 1 1:5 (( ► _)) ZI
8. The existing zoning of the property is:
9. The existing use of the property is:
10. Adjoining Property:
USE ZONING
North LIJI_1C_.P a All
East _S ti A+ -n R. Jit
South =rte! ,/ UJaa bcb R A,
West ejp57t,)
11. Describe the variance sought in tennis of distance and type. (For example: "A 3.5' rear yard
variance for an attached two -car garage.")
A ,4,Vb V /-%�, g- 1 LC
�- 0 VI, N t> iE r A G, i -'r 0 CA- i? -
6
i -6 XP, AC'S
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 ofproperty,
or
- the use or development of property immediately adj acent thereto
S -Fr F P 'Tcp `fig &� c- 1 u 1•4
1.1
13 . Additional comments, if any: L �-F- 5,F- r2al F- i d ► 5 i o v i UJ A S,
To fitiIT— P-r-JASC_rMCf-Ji c) -r-
T k4 C-- C- u P- fLeQ7 Zo N i N(-,- 0 P, --D t Ng, N C E A u b 'T-m'C
S 1 Z-�- M
i-iZAETT.1`-r- lr-1 t t tit v�-A D r-
14.
14, The following naives 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
5T'E-'P -iE ltom.. , S L+ QG(4
Address ICI I
Property ID 1�� '- Z
Address`s
Property ID #
Address
Property ID #
Address
Property ID #
Address
Property ID #
Address
Property ID #
Address
Property ID 4
AGREEMENT
VARIANCE # 60 (o / U
R'Nuinber to be assigned by the Planning Dept. j
I (we), the undersigned, do hereby respectfully snake 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 nay
knowledge, true. --I A
SIGNATURE OF APPLICANT
DATE - CP4 DO /
SIGNATURE OF OWNER
(if other than applicant)
-OFFICE USE ONLY-
BZA PUBLIC HEARING OF 10119110 ACTION;
- DA E -
APPROVAL SIGNED:
DENIAL DATE:
DATE
BZA CHAIRMAN
Special Limited Power of Attorney
County of Frederick, Virginia
Planning Office, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 28601
Phone 540-665-5651
Facsimile 540-665-6395
Know All Men ByThese Presents: That I (We)
(Name) �.+ �}'CLI.I i; , 7'�I V (Phone) its �pg
(Address) K -G llu�i G C.` -2-2-Jo 03
the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the
Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by
Instrument No.
on Page , and is described as
Parcel: Lot: Block: Section: Subdivision:
do hereby make, constitute and appoint:
(Name) D', �'L Kc-,/ S. Fo L4 Z. (Phone) S' Y o J 4'I f
(Address) O. 6bX STep1l<N-_z5 Gti
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) abovc described
Property, including:
❑ Rezoning (.including proffers)
0 Conditional Use Permits
C baster De elopment Man (Pr oliminary and Final)
❑ SubdiAsion
❑ 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 F ave hereto set my (our) end and seal this (day of �_ ~ , 20 _0_1
Signature(s)
State of Virginia, City/County of cc C. �'!. , To -wit:
I, ( Liq 1"s T, & kec, a Notary Public in and for the jurisdiction aforesaid, certify that the person(s)
,vho 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 260_
QW o
InIn
fission Expires: FCi tri(
Notary Public Notary Public
Commonwealth of Virginia
4044807
My Commission Expires Feb 28, 2011
LAKE SERENE, INC.
September 20, 2010
To Whom It May Concern:
The Board of Directors of the Lake Serene Home Owners Association met on
September 15, 2010. At that time the Board unanimously approved the garage
construction project presented by Jay and Cindy Bergman of 251 Lake Serene
Drive, Winchester, VA.
The project as presented by Mr. and Mrs. Bergman is in compliance with all
LSHOA Covenants and Bylaws.
The Board is aware that the County setback requirements differ from those of
our community. We therefore request a variance be granted to Mr. and Mrs.
Bergman, allowing this construction project to proceed.
Thank you for your consideration.
Sincerely,
Phyllis Breidinger, president
Board of Directors, LS, Inc.
Se4X f
.sQ"�/ry
0 25 50
SCALE: 1" = 25'
NOTES:
1. NO TITLE REPORT FURNISHED. EASEMENTS
OTHER THAN SHOWN MAY EXIST.
2. CONTOURS ELEI/AHONS SHOWN HEREON ARE
BASED ON AN ASSUMED DATUM.
ONE FOOT INTERVAL SHOWN.
J. DEED REFERENCE- INSTRUMENT {f 010006196.
4. PLAT REFERENCE: INSTRUMENT /' 05001101 B.
LEGEND:
R/W w RIGHT—OF—WAY
BRL = BUILDING RESTRICTION LINE
EP = EDGE OF PAVEMENT
J ZONING VARIANCE SKETCH PLAN
T FOR
Q
CONSOLIDATED D# 3fB (C')) 2f SERENE
H GAINESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA
DARREN �[7LT DATE: SEPTEMBER 23, 2010 1 SCALE: 1" = 25' FILE#: 14-428
LIC. r`�(0_2- Foltz Land Surveying, -Inc. SHEET
<_1 -((:C'- P.O. Box 23 Stephens City, Virginia 22655 0
O SURV� Phone 1: 540-323-1497 Fax J. 540-868-2963
email: foltz@visuaBmk.cem 1
Jo
TAX /0j 318--((1))-21
-JAY M. BERGMAN &
fF �� _ f--- =_ — rCYNTHIA A. BERGMAN
�°��� 1NST.1010006196
2.7665 ACRES
ROAOSEQ-
EX. ASPHALT
EX. HOUSE
iEX UILOING _�- o
_ _
.pd,BE REMOVED) - f GARAGE
=RIVAY
as
Ln
Jog—
Se4X f
.sQ"�/ry
0 25 50
SCALE: 1" = 25'
NOTES:
1. NO TITLE REPORT FURNISHED. EASEMENTS
OTHER THAN SHOWN MAY EXIST.
2. CONTOURS ELEI/AHONS SHOWN HEREON ARE
BASED ON AN ASSUMED DATUM.
ONE FOOT INTERVAL SHOWN.
J. DEED REFERENCE- INSTRUMENT {f 010006196.
4. PLAT REFERENCE: INSTRUMENT /' 05001101 B.
LEGEND:
R/W w RIGHT—OF—WAY
BRL = BUILDING RESTRICTION LINE
EP = EDGE OF PAVEMENT
J ZONING VARIANCE SKETCH PLAN
T FOR
Q
CONSOLIDATED D# 3fB (C')) 2f SERENE
H GAINESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA
DARREN �[7LT DATE: SEPTEMBER 23, 2010 1 SCALE: 1" = 25' FILE#: 14-428
LIC. r`�(0_2- Foltz Land Surveying, -Inc. SHEET
<_1 -((:C'- P.O. Box 23 Stephens City, Virginia 22655 0
O SURV� Phone 1: 540-323-1497 Fax J. 540-868-2963
email: foltz@visuaBmk.cem 1
Q �-
DEED
THIS DEED, made this 2 5 , day of May, 2001, by and between MIKE
WEBER and KAREN H. WEBER, husband and wife, hereinafter called the
g
GRANTORS, JAY M. BERGMAN and CYNTHIA A. BERGMAN,
o �
husband and wife, ereina erca ted th` I2 i LEES "` -'�` " "`"
pxNr
WITNESSETH:
o
THAT, for and in consideration of the sum of 3'Eid DOLLARS ($10.00) and
*p'
other good and valuable consideration, receipt of which is hereby
acknowledged, the GRANTORS do hereby grant and convey, in fee simple, as
tenants by the entirety with the right of survivorship between them as at
Ln
common law, with General Warranty and English covenants of title, unto the
GRANTEES, all the following real estate together with the improvements
hereon and the appurtenances thereunto belonging:
All those three (3) lots or parcels of land lying and being situate in
Gainesboro Magisterial District, Frederick County, Virginia and
designated as Lots No. 20, 2 t, and 22, on the plat of Lake Serene,
which plat is of record in the Clerk's Office of the circuit Court of
Frederick County, Virginia, in Deed Book 356, at Page 147; and
further more particularly described by plat and survey dated September
5, 1995, drawn by Charles E. Walls, Jr. L.S., recorded in Deed Book
845, Page 375.
And being the same property conveyed to Mike Weber and Karen H. Weber,
husband and wife, by Deed from David P, Lewis and Carolyn S. Lewis, his
wife, dated September 8, 1995, recorded September 8, 1995, in Deed Book
845, Page 393, among the land records of Frederick County, Virginia_
This conveyance is made subject to covenants, conditions, restrictions,
casements and rights of way of record.
The GRANTORS covenant that said GRANTORS have the right to convey
the aforesaid property; that the GRANTORS have done no act to encumber
said property; that the GRANTORS will execute such further assurances as
may be requisite.
Lyidauaa. vaauru
w�ucncaxEx•ti�na�uMOFFETT^, JR., unmarried, (Lots 37, 38 and small portion of 39);
6
ij
.
THIS AMENDED DEC1—A.RAT1ON OF RESTRICTIVE COVENANTS, dated
,..._..����::mak_:•
��
this 18th day of October, 1993, by the fallowing owners of all
lots and property in "'Lake Serene' subdivision: LAKE SERENE.
(common area); OLAV E. KUL_ STAD and LINDA WARD KULSTAD,
his wife, (Lots 1 and 2A); ELLEN TERRY ALDER, unmarried, and
JEAN E. FOP.e and ELLIS FORD, her husband, (Lots 28 and 3); H.
w.U$ r.LER, JR. and ROSE ELLEN R, BUTLER, his wife, (Lot 4);
DONN R. BESSELIEVRE, widower, (Lots 5 and 6); PAUL A. HOLLY and
KARIN R. HOLLY, his wife, (Lot 7); RALPH E. SLAUGHTER and ETHEL
B. SLAUCHTFR, his wife, (Lot 8); RALPH R. ABRIOLA and LINDA T.
AXRIOI,A, his wife, (Lots 9 and 10W) ; GORDON L. WINE74AN and
ANITA N. tiiINUAN, his wife, (Lots 10E and 11); GERALD A.
GILDERSLE'_'JE and MARY B. GILDERSLEEVE, his wife, (Lot 12); W.
H. IQUTHATI, JR, and CATHERINE C. LOUTHAN, his wifa, (Lot 13);
ALFRED B. V2RHON and ETHEL J. VERNON, his wife (Lot 14); SAMUEL
G. LM and GAIL D. LONG, his wife, (Lot 15); GREGORY S. RHODES
and KIMBERLY E. RHODES, his wife, (Lots 16 and 17); DELMAR A.
BAYLISS and L. MARIEAB YLTSS, his wife, (Lot 18); .TAMES T.
1
c'NERSOON, „n., unmarried, (Lot i5); DAVID F. LEWIS and C :.I,Yt;
S. T,4WIS, his wife, (Lots 20, 21 and 22); STEPHEN R. SLAUGHTER
and DEBORAH J. SLAUGHTER, his wife, (Lot 23); WELLINGTON H.
JONES and SUSAN L. ,TONES, his wife, (Lot 24); WILLIAM G.
I WEBSTER and DE.YISE S. WEBSTER, his wife, (Ldt 251; DAVID T.
w E and MXCHELE T. GWYER, his wife, (Lot 26); CHARLES J.
RIJ00F widower, (Lot 27); D. MICHAEL PEASLEY and DEBRA J.
PEASLEY, his wife, (Lot 28); DOUGLASS 0. HILL and ROBERTA W.
HILL, his wife, (Lot 29); JAMES H. FRALEY and INGE K. ?RALEY,
his wife, (Lot 30); CHRISTOPHER P. LEWIS, unmarried, (Lot 31);
WILLIAM R. WARD, JR., unmarried, (Lot 32); THOMAS SULLIVAN and
PHYLLIS H. SULLIVAN, his wile (Lots 33 and 34); ALVIN F. RICH
SIsxL;: Ea Y.�rtx€u.
ansxxsra Ar Law
and zEVELYN T. RICH, his wife, (Lots 35 and 36); PRESTON T.
Lyidauaa. vaauru
w�ucncaxEx•ti�na�uMOFFETT^, JR., unmarried, (Lots 37, 38 and small portion of 39);
HALL IdOWI Ji, E49LE
LLA a itUCeL9L
nrrauiye er urn
L[1iGVk9. Y[.9 aLYJ.
Men CN CG91'F, YIAO,N �9
hereafter encumbering any toot. Sale or transfer of any Lot
shall not affect the assessment lien.
Section S. Exempt Property: The Properties shall be
exempt from the assessments created herein.
ARUCLI VI
RESTRICTIVE COVENANTS
All Lots shall be subject to the following restrictive
covenants which are constituted covenants real to run with the
land:
1, LAND USE: No lot shall be used except for
single family residential purposes. No
residence, structure, lot, or parcel of land
shall be leased or rented.
2, BUILDING TYPES:
(a) Except as herein authorized, no
bul.lding or structure of any kind shall be
erected, altered, placed, or permitted to
remain on any lot, other than a permanent
single family dwelling.
(b) Except with the written consent of
the Board for temporary placement, no tents,
recreational vehicles, campers, mobile homes,
shacks, or similar vehicles or structures shall
be placed on any lot, temporarily or
permanently.
(c) one (1) separate storage building,
not larger than two hundred (200) square feet,
shall be permitted on each lot. No other
detached garage or structure shall be permitted
on any lot in addition to the single family
residence, unless the detached garage or
structure, and the location and design thereof,
is approved by the Board of Directors.
(d) Outhouses shall not be permitted on
any lot, except that a commercial portable
sanitary toilet may be used during construction
of a dwelling.
(e) Structures shall be constructed of
wood, logs, stone, brick, or composition, and
may be of a contemporary design, but must be
finished in such a manner to be compatible
with, and not detract from, the natural beauty
of the surrounding land. No structure shall be
placed on any lot which has exterior
construction of amyl or aluminum siding.
3. APPROVAL OF DESIGN: No structure, or any part
thereof, shall be constructed, altered,
8
o
renovated, or improved on any lot until the
exterior plans and design thereof have been
approved in writing by the Board of Directors
of the Association.
4.
MINIMUM FINISHED SPACE: No dwelling shall be
erected on any lot which contains less than
eighteen hundred (1,800) square feet of
r
finished living space, exclusive of porches and
I
garages.
5.
CONSTRUCTION OF DWELLINGS: Construction of a
dwelling on any lot shall be completed within
twelve (12) months from the commencement of
construction, including grading, seeding, and
landscaping.
6.
SETBACKS^ He structure, satellite dish, or
enna shall be located on any lot less than
twenty-five (25) feet of the lake front
property line or fifteen (15) feet of any
I!
side lot line or twenty-five_(2@�Y_feet of the
front (road) lot line,"-
i
? 7.
FENCES: In order to preserve the natural
f
beauty of the subdivision, no fences shall be
permitted on any lot or lot lines, except
4
fences may be constructed on exterior property
lines on the following properties: Lot 19, Lot
3
42, Lot A, Lot B, and the common property of
Lake Serene, Inc. (For purposes of this
section, "exterior property line" shall mean a
property or lot line separating the common
j
areas and lots of Lake serene subdivision from
property not in Lake Serene subdivision, with
bots A and u (now owned by Additional
Declarant) being considered as lots in Lake
!,
Serene subdivision.)
B.
CLOTHES LINES: All eutdoor clothes poles,
`
clothes lines, and similar equipment shall he
f
placed or screened by shrubbery so as to not he
visible from any roads or lake within the
subdivision.
9.
GARBAGE AND REFUSE DISPOSAL: Garbage and trash
shah be stored in closed cantainars and
disposed of in accordance with the laws of
Virginia and the ordinances of Frederick
4
County,
y 10.
ANIMALS: No animals may he kept upon any lot
j
except domestic pets, except that in no case
shall animals he kept on any lot for commercial
purposes and/or in unusual numbers. Riding
horses may be kept in areas approved in writing
by the Board of Directors. In the event a
vicious or objectionable pet is kept on any
HUL MOXIMA . ENGLE
lot, the same may be ordered in writing by the
aur s wa�+aa
Board of Directors to be removed upon a finding
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by the Board of Directors that such is in the
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.rfKalW;. Yillilpl!! 11
best interests of other Owners and the