BZA 06-21-11 Meeting AgendaAGENDA
FREDERICK COUNTY BOARD OF ZONING APPEALS
The Board Room
Frederick County Administration Building
107 N. Kent Street
Winchester, Virginia
June 21, 201 I
3:25 p.m. CALL TO ORDER
1) Determination of a Quorum
2) Minutes of May 17, 2011
PUBLIC HEARING
3) Variance Request #03-11 of Orange Partners at Kernstown Commons, for a four and
one half foot variance of the ten foot setback for an interstate sign as it relates to Chapter
165 Zoning, Part 704 IA Interstate Area Overlay District, Section 165-704.05(D)(I) District
Regulations; Setback Requirements. The subject property is located on the southwestern
quadrant interchange for Route 37 and Route 11 in Kernstown, and is identified with
Property Identification Number 75-5-10 in the Back Creek Magisterial District.
4) Other
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 May 17, 2011.
PRESENT: Kevin Scott, Chairman, Shawnee District; Jay Givens, Vice Chairman, Back Creek
District; Gary Oates, Stonewall District; R. K. Shirley, III, Opequon District; Eric Lowman, Red
Bud District and Bruce Carpenter, Gainesboro District.
ABSENT: Robert W. Wells, Member -At -Large.
STAFF
PRESENT: Mark R. Cheran, Zoning Administrator; Eric R. Lawrence, Planning Director;
Dana M. Johnston, Zoning Inspector; and Bev Dellinger, 13ZA Secretary.
CALL TO ORDER
The meeting was called to order by Chairman Scott at 3:25 p.m. and he determined there
was a quorum.
On a motion made by Mr. Oates and seconded by Mr. Givens, the minutes for the
January 18, 2011 meeting were unanimously approved as presented.
Chairman Scott inquired if there are any applications pending for June. Mr. Cheran
responded there are no applications at this time; the cut-off date is Friday, May 20, 201 1.
PUBLIC HEARING
Appeal Application 001-11 of Dr. Ayman Salem, who is appealing the decision of the
Zoning Administrator as to Chapter 165 Zoning, Part 201 Supplementary Use Regulations,
Signs, under Sections 165-201.64:;(7)(c) Height and 165-201.6H(7)(c) Size, of the Frederick
County Zoning Ordinance. The subject property is located at 241 Garber Lane, and is
identified with Property Identification Number 64 -A -5-C in the Shawnee Magisterial
District.
ACTION — APPEAL TABLED AT THE REQUEST OF APPLICANT - HOARD OF
ZONING APPEALS SCHEDULED APPEAL APPLICATION FOR THE JULY 19, 2011
MEETING
Mr. Lawrence stated that the Board Members have in front of them a copy of a letter, received
Friday, May 13, 2011, From Harrison & Johnston concerning today's appeal application. This letter is a
request to table the appeal and to not further discuss it today. Mr. Lawrence offered two options for the
Board: accept the request and table the appeal for a specific length of time or deny the applicant's
request to table and proceed through the process. Mr. Lawrence continued that in the letter, the
Frederick County Board of Zoning Appeals Page 1566
May 17, 2011
applicant's representative is asking that the application be tabled so they can Further refine how they
wish to resolve the matter.
Mr. Oates stated he would support tabling the application for 60 days.
Chairman Scott asked the applicant if he wanted to speak at this time.
Mr. Tim Mayfield is representing Dr. Salem in this matter. The reason they are requesting the
appeal be tabled is because they have retained the services of a new architecture firm to design a
different sort of scheme that will meet Frederick County code requirements. Mr. Mayfield thinks a
tabling of 60 days would be appropriate and enough time in order to apply for a new building permit.
Mr. Oates made a motion to table Appeal Application #01-11 of Dr. Ayman Salem for 60 days.
Chairman Scott suggested that the motion be worded to table Appeal Application 401-11 for 60
days, and/or until the July 19, 2011 meeting.
Mr. Carpenter seconded the motion that Appeal Application #01-1 1 be tabled for 60 days and/or
until the July 19, 2011 meeting. The vote to table was unanimous.
Variance Request #02-11 of Connie Carter, for a 13 foot front yard variance, resulting in a
47 foot front yard setback, for a deck. This property is located at 130 Rhinehart Lane, and
is identified with Property Identification Number 28-A-22 in the Gainesboro Magisterial
District.
ACTION — APPEAL TABLED BV THE BOARD OF ZONING APPEALS — VARIANCE
APPLICATION SCHEDULED FOR THE JULY 19, 2011 MEETING
Mr. Cheran presented the staff report. The applicant applied for a building permit after staff
received a complaint that remodeling of the structure was taking place without a building permit. The
applicant added a front deck, which was larger than the original deck, as noted when staff visited the
site. The current setbacks for the RA district are 60 feet to the front, 50 feet to the rear and 50 feet on
both sides. The larger deck that was added made the front setback 50 feet to the front and caused the
violation of the Frederick County Code in the RA zoning district.
Mr. Chemn continued that this property does not meet the threshold requirement of hardship as
to the use of the property. An undue hardship would apply only if a principal use could not be built on
this parcel. 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
h
treshold of hardship. Staff would recommend denial of this variance request.
Mr. Cheran told the members that their agenda packet includes a copy of the applied -for building
permit, and that the applicant, Ms. Carter, is available to answer questions.
Mr. Givens questioned why the permit and the staff report state the Front setback is 50 feet, yet
the applicant is requesting a 13 foot variance and the plat shows a 49 foot setback. Which is correct?
Frederick County Board of Zoning Appeals Page 1567
May 17, 2011
Mr. Cheran answered that the 47 foot setback is what the applicant is requesting. Mr. Givens asked if
the building permit that's been applied for is incorrect and Mr. Cheran replied that is correct. Mr.
Givens asked if the applicant needs a 47 foot setback and Mr. Cheran responded yes.
Mr. Oates asked if the 47 foot setback is measured from the edge of road or edge of right-of-way.
Mr. Cheran responded Rhinehart Lane is a private lane so it would be from the edge of road. Mr. Oates
asked if there is an easement on the lane and Mr. Cheran stated just the easement to get back to the lane.
Mr. Oates wondered if there was an actual dedicated easement of 15, 20, or 50 feet. Mr. Cheran
deferred to the applicant.
Chairman Scott asked Mr. Cheran the date of the photograph in the agenda packet showing the
original deck. Mr_ Cheran responded that this photo was taken from the Assessor's file and did not have
a date on it. Chairman Scott asked the dimensions of the original deck. Mr. Cheran said the Assessor's
file didn't indicate the dimensions.
Ms. Connie Carter approached the podium and identified herself as the sole owner of the
property. Ms. Carter stated she purchased the property in March 2007. Due to home owner's insurance
demands, Ms. Carter was told she needed to put a railing on the deck. In 2008, Ms. Carter had dormers
put on the house, but she didn't apply for a building permit to do so. One of the Frederick County
building inspectors called her and told her to cease work on the house, and after visiting the site, he
noted that the deck was new and was over -expanded from the joists underneath and the railing was not
up to Code. Ms. Carter had railings put on the stairs, put new railings on the deck and put two new legs
underneath to try to bring it up to Code. Ms. Carter stated that she followed the paperwork for the
dormers in 2008. The building inspector stated that she did not have a permit for the deck, even though
Ms_ Carter said she didn't build it. She called back later in 2008 to find out where the permit stood and
apparently Ms. Carter had put the wrong phone number on the application. In 2010, Ms. Carter started
inquiring about the permit again and was told that because of the structure of the dormers, she would
need an analysis by an engineer. She got that fixed and she again asked about the permit standing. In
201 1, she's still struggling with the permit.
Ms. Carter stated that the house itself is over the setback by five feet. To put a four foot landing
on the front puts her nine feet over the setback. In order to keep the deck on her house, she would need
a total variance of 47 feet. Ms. Carter asked the Board to allow her to keep her deck.
Mr. Carpenter asked Ms. Carter the dimension of the deck. She stated it's 8x 16. Mr. Carpenter
asked if the deck that is currently on the house was on that house when she purchased it. Ms. Carter
responded yes. Mr. Carpenter asked Ms. Carter if she enlarged the size of the deck and she said no.
Mr. Oates asked Ms. Carter if the 47 feet is to the edge of an existing right-of-way or the edge of
a road. Ms. Carter said she was at the edge of the road when she measured it. Mr. Oates has a concern
that if a survey is done which shows a right-of-way and she's 60 feet off that, she could in fact need a 25
foot variance or something less. Mr. Oates asked if any research has been done to see if there is a
dedicated easement for Rhinehart Lane. Ms. Carter stated she couldn't find anything.
Mr. Lowman asked if Ms. Carter recalls when she purchased the property if there was an as -built
survey or any type of survey at the closing. Ms. Carter doesn't recall that. Mr. Lowman stated that
Frederick County Board of Zoning Appeals Page 1568
May 17, 2011
would help in the Board's decision to know if the existing deck was there.
Chairman Scott asked for citizen comments, either for or against this variance. No one
responded.
Chairman Scott closed the public hearing portion of the meeting.
Mr. Cheran stated if the Board so desires, staff can do research and work with the applicant to
better understand what's needed.
Mr. Shirley asked if staff disputes the fact that the existing deck was there when Ms. Carter
bought the property. Mr. Cheran said no, staff is not disputing that.
1I was the consensus of the Board to have staff conduct research on this request in order to
answer the questions needed to make a decision.
Mr. Givens made a motion to table Variance Request #02-I1 until the July 19, 2011 meeting.
Mr. Carpenter seconded the motion and the vote was unanimous.
Other
Chairman Scott thanked the County for allowing Mr. Oates, Mr. Wells and himself to attend the
BZA classes. It has been very helpful. They finish up on June 6"i.
There being no further business, the meeting adjourned at 4:00 p.m.
Respectfully submitted,
Kevin Scott, Chairman
Bev Dellinger, Secretary
Frederick County Board of Zoning Appeals Page 1569
May 17, 2011
4,ptt CpG2 VARIANCE APPLICATION #03-11
ORANGE PARTNERS
' Staff Report for the Board of Zoning Appeals
u. Prepared: June 6, 2011
Staff Contact: Mark R. Cheran, Zoning Administrator
This report it prepared by the Frederick County Planning Sta,{fto provide information to the hoard
of Zoning Appeals to assist them in making a decision on this request. It may also be useful to
others interested in this zoning matter.
BOARD OF ZONING APPEALS HEARING DATE:
June 21, 2011 - Pending
LOCATION: On the southwestern quadrant interchange for Route 37 and Route 1 1 in Kernstown
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 75-5-10
PROPERTY ZONING 8. USE: Zoned: B-2 (Business
Oeneral)
Land Use: Vacant
ADJOINING PROPERTY ZONING .& USE:
North: B-2 (Business General) Use:
Commercial
South: 13-2 (Business General) Use:
Vacant
East: Interstate 81 Use:
Interstate Highway
West: B-2 (Business Oeneral) Use:
Commercial
VARIANCE REOUESTED: The applicant is requesting a four and one halffoot variance ofthe
ten foot setback For an interstate sign as required by Section 165-704.05 D (1).
REASON FOR VARIANCE: Proposed sign cannot meet setback requirements due to existing utilities
and Interstate 81 right-of-way for future improvements.
Variance Application 403-11 — Orange Partners
June 6, 2011
Page 2
STAFF COMMENTS: Frederick County adopted the Interstate Area Overlay District (IA) in 1995.
The IA District identifies qualifying uses to be allowed on the sign, height of the sign, number of
signs, and sign setbacks within the district. The IA District setbacks are ten feet from property lines.
The applicant is requesting a four and one half foot variance of the required ten foot setback due to
utility easement lines and the future expansion of Interstate 81. This variance, if granted, would
result in a five and one half foot setback from the property line. The surrounding properties are
zoned B-2 (Business General). Staffwill note this variance addresses setback requirements only, and
no other aspects of the sign, as related to the IA district. (Please see attached proposed plans from
Lellock Consulting.)
Staffreceived the attached email from Lloyd Ingram of VDOT on June 8, 2011, stating that VDOT
will defer to Frederick County's requirements. Furthermore, VDOT provided information
concerning the future 1-81 ramps and C-D lanes to the applicant's engineer, indicating that the sign's
footer be properly engineered so as to not be impacted by future highway expansion.
STAFF CONCLUSIONS FOR THE JUNE 21 2011 MEETING• Should this variance be
granted, the setbacks would by five and one half feet from the property line of the future I-81
expansion area. This request from current setbacks of the IA district may be justified to
accommodate the future expansion of Interstate 81 and due to the existing utility easements in the
vicinity which restricts movement of the sign. This variance request appears to meet the intent of
The Code of Virginia 15.2309 (2).
to Sign) KERNSTOWN
LLC
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P MEDONALD'S
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ORANGE
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ALDI INC
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PRCZRERTIES LLC
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PIN: 75-5- 10
a (RealaanBa Pl.nnae cnmmumb plat^=B
(Inierstote Sign)
. • RE(R.alaengal Reamegenal cnmmnnlb DlamaB
RA (Rural Arae OiaWeU
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Mark Cheran
From:
Funkhouser, Rhonda [Rhonda. Funkhouser@VDOT.Virginia.gov] on behalf of Ingram, Lloyd
[Lloyd. Ingram OV DOT. vi rg in ia. gov]
Sent:
Wednesday, June 08, 2011 9.'10 AM
To:
Mark Cheran
Cc:
Ingram, Lloyd; Smith, Matthew, P.E.; Alexander, Scott; Lineberry, Jeff, PE; Thomason, Kirk;
David E. Lellock
Subject:
Kernstown Commons Sign
Mark,
In the question of the location of the proposed sign at Kernstown Commons and the VDOT's Right -of -
Way line, as Frederick County's regulations are more stringent than VDOT's we will defer the waiver
question to the County.
VDOT has provided information so that "the applicant's engineer" has been made aware of the
planned excavation for the construction of the future I-81 Fait 310 ramps and C -D lanes, and should
design the sign footer accordingly. The incursion into the zoning buffer will be at the applicant's risk
and liability should any problems arise from the future excavation on the Interstate right-of-way.
If you require additional information, please contact me.
Lloyd A. Ingram, Transportation Engineer
Virginia Department of Transportation
Edinburg Residency —Land Development
14031 OTd Valley Pike
Edinburg Virginia 22824
Phone #(540) 984-5611
Fax #(540) 984-5607
o `.e APPLICATION FOR VARIAF9CE AM 3 2011 l
a FREDERICK COUNTY, VIRl XNI A
-OFFICE USE ONLY -
Variance Applicationif 03 - l Submittal Deadline O
Submittal Date 0 3 // For the 13ZA Meeting of d f
Fee Amount Paid (JO Initials: Receipt # _ a 0 $O
Sign Deposit Paid !Y-43
=-
MUST HE TYPED OR FILLED OUT IN INK — PLEASE PRINT
1. The applicant is the owner [; ;] other F--1 . (Check one) Please list all owners, occupants (adult
individuals as well as any entities occupying the property), or parties in interest ofthe property.
2. APPLICANT:
NAME: orange Partnere. LLC
ADDRESS: soo Pegasus ct
Winchester. VA 22802
OCCUPANT: (if different)
NAME:
ADDRESS:
TELEPHONE: 540-771-0079 TELEPHONE:
3. The property is located at (give exact directions and include State Route Numbers):
Naar the rightW way Tor Interstate 81 wllhln the Kemstown Com ons navelopment (Sae attached overall exhibit)
The Karnstown Commons Development Ie located Just south of s Whern Interchange for Rt37 and RL11
4. The property has a road frontage of 372.73 feet and a depth of 448-34 feet and consists of
4.17 acres (please be exact).
The property is owned by orange Partnere. LLC as evidenced by deed from
recorded (previous owner) in deed book no. on page
or instrument number 0400101089 of the deed books of the Clerk
a
7
of the Court for Frederick County. Please attach a copy of the recorded deed.
Magisterial District: ahawfrea--
Property Identification Number (P.I.N.): rs-s-tc
8. The existing zoning of the property is: B-2
0
The existing use of the property is: vacant
10. Adjoining Property:
B-2
B-2
ZONING
11. Describe the variance sought in terms of distance and type. (For example: "A 3.5' rear yard
variance for an attached two -car garage.")
Reduction of Interstate sign ..[back from t0' to S' for consbuciton of sign.
12. List specific reason(s) why the variance is being sought in terms of, such as:
Ill- Exceptional narrowness, shallowness, size or shape of property, or
►Exceptional topographic conditions or other extraordinary situation or condition ofproperty, or
11- The use or development of property immediately adjacent thereto
The eign and components he. bean menufacluretl and will no[ flt within tM1a alta conabainte with out ImpaMing auisWg utilities.
E-3
USE
North
Retail
East
VOOT ROW than Vacant
South
Retail / vacant
West
Retail
B-2
B-2
ZONING
11. Describe the variance sought in terms of distance and type. (For example: "A 3.5' rear yard
variance for an attached two -car garage.")
Reduction of Interstate sign ..[back from t0' to S' for consbuciton of sign.
12. List specific reason(s) why the variance is being sought in terms of, such as:
Ill- Exceptional narrowness, shallowness, size or shape of property, or
►Exceptional topographic conditions or other extraordinary situation or condition ofproperty, or
11- The use or development of property immediately adjacent thereto
The eign and components he. bean menufacluretl and will no[ flt within tM1a alta conabainte with out ImpaMing auisWg utilities.
E-3
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 and Property Identification Number
Address
Name Nerangis Properties, LLC
500 Pegasus Ct.
Winchester, VA 22602
Property#75-5-3
Name Aldi, Inc
8751 Gas House Pike
Frederick, ME) 21701
Property n75-5-4
Name Dealership Management Company, LLC
3985 Valley Pike
Winchester, VA 22602
Property ti 75-A-1 1 L
Name Dealership Management Company, LLC
3985 Valley Pike
Winchester, VA 22602
Property n 75-A-11 M
Name VDoT
2275 Northwestern Pike
Winchester, VA 22601
Property u 75-5-B
Name
Property #
Name
Property #
Name
Property X
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.
10
AGREEMENT
VARIANCE ff O3 - t /
(Number to be assigned by the Planning Depl..)
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 APPLICANTS
DATE % - 3 - // /
SIGNATURE OF OWNER
(if other than applicant)
DATE
-OFFICE USE ONLY-
BZA PUBLIC HEARING OF (o . 1,/ 1 ACTION:
-DATE-
APPROVAL
DENIAL
SIGNED:
BZA CHAIRMAN
DATE•
11
Special Limited Power of Attorney
County of Frederick, Virginia
Frederick Planning Website: www.co.frederick.va.us
"apartment of manning 8 "evelopment, 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) 12 Alulr, 1- Pia,2 7 -,V -&WS (Phone) 640-771-0079
(Address) 500 Pe9asu¢ Court, Wlncneater. VA 22602
the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the
Clerk's Office ofthe Circuit Court of the County of Frederick, Virginia, by
Instrument No. 0400108a on Page . and is described as
Parcel: 10 Lot: Block: Section: Subdivision- aemsto cep
do hereby make, constitute and appoint:
(Name) Lanock conaysm0. Pc - oaWa touock (Phone) 540-513-6728
(Address) 2350 stn sheet Mlddtet n. VA 22645
To act as my true and lawful attorney-in-fact for and in my (our) name, place and stead with full power and
authority I (we) would have if acting personally to file planning applications for my (our) above described
Property, including:
_Rezoning (including proffers)
_Conditional Use Permit
Master Development Plan (Preliminary and Final)
Subdivision
_Site Plan
_E __VarhmCe or Appeal
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 she 1 expire one year from the day it
in witness thereof, I e) have retq, set my (our) hand
Signature(s)
State. of Virgi6ia, City/County of Ece nn
'Qi A 7
certify that the person(s) who signed to
acknowledged the same before me in the jt
or until it is otherwise rescinded or
this 3/0 day of Tt ✓lw ,
To -wit:
Public in and for the jurisdiction aforesaid,
ant personally appeared before me and has
3« day of ti,,.20_// .
Expires: 7- 5 Z) )
LELLOCK CONSULTING, PC
June 3, 2011
Frederick County
Board of Zoning Appeals
107 North Kent St. Suite 202
Winchester, VA 22601
RE: K¢rnstown Commons Interstate Sign
Sign Setback Variance
LC Job 0 2010.058
Board Members,
2350 Fath Street T 590533.6728
Middletown,VA22695 F 866.660.3369
We are providing this letter to present additional Information on this request so a well-informed decision can be
made on this request.
Information-
. The proposed locations for the foundation of the sign have been staked in the field.
We have placed survey stakes in the field to represent the current right of way.
. The existing fence line in the field represents the old VDoT right of way.
. It is the Intent to have the face of the pole supporting the sign to be ultimately 5.5' from the right of way.
Justifications:
. The current right of way was a "Voluntary Right of Way Reservation" based on a preliminary interchange
design and may not reflect the current design and right of way requirements for the interchange
Improvements plan. Unless VDoT's current design requires excessive cut or fill at this location, it is our
opinion there will not be an impact on VDoT. We have contacted VDoT concerning this and hope to have
their final determination prior to the monthly BZA meeting.
. If the sign is shifted the additional 3:5' away from the VDoT ROW, the existing water main and storm
structure will have to be relocated due to conflicts with the foundation. The foundation will also create
conflicts with future curbing, pavement and storm pipe required for development of this area.
. We have already made a minor revision to the approved foundation plan to help reduce conflicts with the
right of way and existing utilities. Further modifications to the foundation and/or pole location will require
additional revisions to portions of the sign that have already been manufactured for the sign. We
understand the foundation revision will have to be reviewed and we want to use the existing components
for construction to mitigate extra costs.
We appreciate your time in considering this matter-
Sincerely.
atter.
SSiiinnn ccceerrelyy.
aviO d E. Lelloc, FE, LS
Owner
Lellock Consulting, PC
Enol:
Cc:
VA. ROUTE 37
1
75-5_8
; i ! E .Bldg; ' • zones: B-2
I • Use:Future Intarchaga II I j
I i ! Zonedtl-B-,2 im Provementa
Usa:ConvariPance
1 1 ••` `,I i I j
I 7 F '•. 11 1' I 1 I
'I i; Store i I #9x
a9
i I - • ` 1 i I i
I .75-5_2 - • 755-A
—.– {\ Zgn¢a: B=2' zoned: B-2
r TS -5-8 - \_ Usa:Hotel Uaa: FCBA Pump'
Zoned: 0-2 ` _x Station
Usa:Raturaunt
11 II i i i
I CEz. Bldcj. I
i Onad: B_2 ••` 11 13.1 I II I
`OI I I
j IUS Retail I . I I I i I`
r I _Ex.. Bldg. •• 1 II I i i ; I I
9 ••` 1 I, 1 I 1 1 Ir I
1 1 I 11
SIE Bldg.- I 75-5-3 •• 11 Ill 1 1 - i1 ;
7666
Zoned: B-2 one
5 .9:8@$RYCN3 74L1 I Use:Retail a% • ; 1
IUnder:,
;. 75-5-4
Conslruc ton iI 1
Zoned: B-2 I417.8• .5•
• ____ I
:75-5- Vse riatall I I I I
_ ung ve a t I Ex.Bldg. LOCATION
I'
I
I
I• N m I I
zoned: 6-2
-_ uaa:vaoant
75 -A -91L
Zoned: B- 1 1 I I
Use:A uto Uaalership Zpnad' B-2 i
O 200 400 600 , Usa:Vacant
V VBFeII Are8
LELLOCK CONSULTING, PC INTERSTATE SIGN
/ KERNSTOWN COMMONS
2350 Fifth Street T 540.533.6728 SHAWNEE MAGISTERULL DISTRICT
Middlerown, VA 22645 F 866.680.3364 FRECEaICK couRry VIRGINIA
SCALE- l'=10e' _ C.1: WA
1
1
v Ex. Sign Eosem ent p
1 _
lo—
1 Ful. Face %- - 1 ^ ¢
Iof Curb ,,_ T_ I R
iW
Proposed 3' Dia. I 53 Fia I
Pole location I
I P:Pe I II
Center I I 2 to
I i l I 5.46'
3.75`l I CenterI 1 — I Face of
Pole to
II I I I I I ROW
II I I/— Stake w I 1
x futto show
are
ho to v m
I alignmentI v
Footer as H s a
1' staked in field ,
'g
Fut.
— Face I ® m
of Curb
DAVID E. LE4OCK( I I Ex. Sion Easement I x
].I,, No, .5.1203 2' • FOOTER LOCATION BASED ON
FIELD RUN SURVEY
u =1 • SEPARATE STAKE OUT AND O 10 20 30
1
}70
L NAC . AS—BUILD FOR POLES
0.1....4.%% REOUIRED 01111111111111
LELLOCK CONSULTING, PC
2350 Fifth Street T 540.533.6728
Middletown, VA 22645 F 866.680.3364
KERNSTOWN COMMO
SHAWNEE MAGISTERIAL DISTRICT
'Y
5.
040010118
0
0
T .. DEED, ma do tbia day of 2004.
be<ween Facic _ xnc., a Virglni c rporation, o£ the
n parC, hereinafter called Che Grantor; and
♦.r.r, a Virginia llmitad liability Company, of the other parC,
hereinafter called tb. ......a.
wlT SSET.: Thal £or and in conela--- tion of 'be sum o£
One Dollars ($1.00), caab in hand paid and other Valuable
onaidaiation. ratarpt whereof is hereby acknowledged, the
Grantor a .. gran.and coney. with General Warranty and with
Engliafi CovenanC. OE Ti<la, unto Cha GYancae, in £c¢ simple,
together with all right., xlghtB o£ way, priVilage.a and
appurt.nancea thereto belonging, all of that certain tract or
pa ... l o£ land lying and being aitssata in Shawna. Magisterial
PlsCrIat (formerly in Smak Creak Magiaterlal DiBtrlCt).
Frederick CovnCy. Virginia, containing 3x.5320 Acre.. mora oY
1e6. (mA% MA2 xo. ]5-A-30) (previously referred to as 29.60
Aciaa) M... C.d South of Winchester. Virginia, on the ...I aide
o£ D. S. Hilbway No. 11, South of the Route 31 Ey-pa as and Weat
o£ xnt.ratat. Route 81, mora particularly described by plat
prepared by Douglas C. Lcgga, Land Surveyor, a ... a Februaz-y 9,
2004. allachad hereto and by tbia re£era... ma da part bare-£;
and being Cha same property conveyed to the GranCor herein by
Elizabeth Crawford Engle, widow, by deed dated December 30. 1966
and recorded in the clerk'. Office of the cirovit Court of
Frederick County. Virginia in Deed B-oK 635, ac page SB6.
Thla conveyance i. made aubyact to all legally enforceable
resI-leGive ...anent. and ....menta of record of E..tlnI t}ve
a£oraeaid
—X".
I
MSTNESS Ch¢ Following eignaCvra and aea1:
ENGLE PROYERTIE9, INC.
.TATE OF VIRGINIA, AT ..E,,
CSTY/LBVNBY OF Oi .L/J 676.' To -wit:
Tha £oragoing instrument was ..knowlaagad beEora me Chiv
2004,-
a .EB /` .i of Engles Propertiea, Inc.. a
Virginia corporation, on behalf
-E said corporaeion.
my commission axpiraa / / a-®,/Q
•ISEA ,''.' NOCary P
— A.
2 5 ST3412 E 8.10.
LA
0 1
m D1rAl.1x a +u
PN JG-A-10
DN]£ PFOPERTES NG o
pB 635 PG 594 S c
N U YI p ACCCE55]
fEIICC D WI
31.5327 ACRES
3 a
1
1 cavo OF N 5
p 1 1 yry6p T lD6D C
1R
IRB _BM Rf 5E1 MILLER PARTNERSHIP
MIL
GEORGE DB
608
OM OYEHE YB1TY UIES DB 60B PG.273
MD D
CURVE TANGENT RADIUS ARC IENOTH D6TA CHWD LENGTH CHORD BEARMD
HWD
A.&L
CI 6D.66 IB29.66 03'4635 5 W
NOTES-
1 TRE RF 6
MAY MN6T
MAY FlYT NE NOi 9X)Wl SCALE 1- 200'
T1A
3 BOIMIMY MiVNI.TDI 4XlYM MFREd 6 BASED W AN AGNK F7fiD 9M EY GDRETm .NRUYry 19. T1AV.
BOUNDARY SURVEY
rx of l'r
ot- f7rE l.E.vn oA-
E/VGLE PROPERT/ES, INC.
SJfANEIE£.fuG<STDPNL o<sTlNcr
f1iEL1ER/CK COUMY, NRl,INN
Do
OS BT
MJ£ 03/OD/Of SYV[!' . 1' 2QD' SWEGT 1 OF l
®Marsh & Legge Land Surveyors, P.L.C.
580 NOR1 LWOWN STREET - MINCHtS , MRGINIA 22801
DRAVAN BY: CCREDYfiP.W
PROC (SM) 667-OM6 - FM (6M) 667- EIIN. ef6ugw,RWyp mn
DWO NAME /ASB 7DY
I
VIRUJNI/ FRFSI£RICK COUN .SC .. .I
s.?39659 ena sa.l.sol r„..e .. y.;a. v.sso:sact