Loading...
BZA 09-18-12 Meeting AgendaAGENDA FREDERICK COUNTY BOARD OF ZONING APPEALS The Board Room Frederick County Administration Building 107 N. Kent Street Winchester, Virginia September 18, 2012 3:25 p.m. CALL TO ORDER 1) Determination of a Quorum 2) Minutes of August 21, 2012 PUBLIC HEARING 3) Variance Request #08 -12 of Jason and Lisa Bly, submitted by Marsh & Legge Land Surveyors, PLC, for a 20 foot left side variance for an existing dwelling and deck, resulting in a 30 foot setback. This property is located at 1425 Cedar Grove Road (Route 654), and is identified with Property Identification Number 31 -A -7G in the Gainesboro 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 August 21, 2012. PRESENT: Jay Givens, Chairman, Back Creek District; Gary Oates, Stonewall District; Bruce Carpenter, Gainesboro District; Eric Lowman, Red Bud District; and Robert W. Wells, Member - At- Large. ABSENT: Kevin Scott, Vice Chairman, Shawnee District;,and. R. K. Shirley, III, Opequon District. STAFF ' PRESENT: Mark R. Cheran, Zoning Administrator ;'Dana M. Johnston, Zoning Inspector; and Bev Dellinger, BZA Secretary. J ` The meeting was called to order by Chairman Givens led the Pledge of On a motion 17, 2012 meeting wf Chairman Givens a responded there will-are no Variance Request submitted by Gree in an'8`foot front 25 foot Leff. +side se 1943 3orda i_`Spri Identification Nunn at 3:25 and seconded by Mr as the minutes for the July for the September meeting. Mr. Cheran f_ =12 of 'Burnt Factory United Methodist Church, y.Engineering, for a 52 foot front variance, resulting Tack, and a 75 foot left side variance, resulting in a k for a church addition. This property is located at Road (Route 664) and is identified with Property 56 -A -8 in the Stonewall Magisterial District. ACTION — VARINANCE APPROVED Mr. Johnston presented the staff report. The reason for this request is that the Church cannot expand their building. There is an existing cemetery to the north, there is an existing well and an existing side yard to the east which is already less than the required 100 foot building restriction line, and to the west, there is an existing fellowship hall, parking lot and septic system. Frederick County Board of Zoning Appeals Page 1599 August 21, 2012 Mr. Johnston continued with a brief history of the property. According to the Commissioner of Revenue's records, the Church was built in 1926, predating any zoning laws and regulations, and the current Church would be considered non - conforming. 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 and 2007 to change the A -2 zoning districts to the current RA (Rural Areas) Zoning District, making the current setbacks for the property 60 feet to the front, and in this case, 100 feet to the sides and rear. "> 'L The applicant is requesting a 52 foot front yard variance aid'a "`75,1 accommodate an expansion of the fellowship hall and sanctuary. .lf the varian result in an 8 foot front yard setback and a 25 foot right side setback:. The lie the only concern, which was that the current drainfield may'not. accommo fellowship hall and sanctuary based on the percentage of people and potential owner will be responsible for upgrading the current, drainfiel d to the Health and satisfaction. This concern would be addressed of site "blan and To conclude, Mr. Johnston stated that the Code of Vir shall be granted unless the application can meet the following right side variance to are approved, it would Department expressed ;the expansion of the -r usage. The property parunent's= regulations permit (2), states that no variance 1. The strict application of the Ordinance will'preduce an undue hardship. 2. The hardship is not generally shared by the propertres`'in,the same,zoning district and vicinity. 3. That the authorization of such variance,I:willsnot be;a: °substantial detriment to the adjacent property and the charactef :'bf the district will -riot be change'dby the variance. Mr. Oates questioned Mr. Johnston as to why;Ethe variance was for a 25 foot, rather than a 24 foot, right side variance as requested oh the application." Mr. Johnston responded it was determined that the extra foot would give the applicant niore]eeway. Mr Oate's also asked if the :gravel road in front of the Church was a State road or a private right - of- way." Mr. Cheran stated that the ron as abandoned by the State a few years ago and it's now a privateF�,access road. Charrmah ",Givens asked r£;the left side setback is 60 feet. Mr. Johnston responded that because the adjoining property is more than six acres, the setback is 100 feet on the left side. Chairman Givens asked if they had 100"feet between them and the line, and if they don't, wouldn't that require a setback as well as the right "sidea_dvlr. Carpenter remarked that the expansion will not be any closer to the property line than the existing building is. Mr. Cheran stated that is correct, as long as the new construction does not encroach any further on the setback than the existing building, a left side setback is not required. Chairman Givens asked the applicant's representative to come forward. No one from Greenway Engineering came forward but Mr. John Kackley, the Chairperson on the Trustees Committee, expressed his desire that the BZA approve their petition for this hardship variance. Frederick County Board of Zoning Appeals Page 1600 August 21, 2012 Chairman Givens asked if anyone else wished to speak in favor of the applicant's request. Pastor Steve Melester spoke in favor of the request. At 3:45 p.m., Chairman Givens opened the public hearing portion of the meeting. There were five more people, which included Mrs. Pat Perry, Mr. Keith Roberts, Mr. Tom Duvall, Mr. Bill Shobe, and Mr. Robert Moss. They all spoke of the need for more room as the congregation has grown and is growing, and about the many contributions of the Church such as Out Reach and mission projects. There was no one present who wished to speak against the request and Chairman Givens closed the public hearing at 3:58 p.m. = Discussion Mr. Oates again asked Mr. Johnston about the discrepancy between" the application, which requests an 8.9 foot front variance, and the staff report, which states flat :an 8 foot variance is requested. Mr. Johnston responded that affer°review of the application, staff felt that 8 feet was the logical setback, giving them a little more roori,_for error in the field. Chairman Givens stated his only concern with this request"is how close they're getting to the road, which is 8 feet on a curve. However, Chairman Givens can hear from the testimony given today the need for the expansion. He asked if,the Church had +looked at other alternatives before coming before the BZA. Mr. Cheran stated-that - staff has worked °with the Church for about three years on this matter. He stated thcChurch approached adjoining property owners about purchasing land, but no one was really interested�in sel in' : he' property. Mr. Cheran said staff talked with the Department of ^Transportation an&ihey did noYfiave a concern with the front setback. Furthermore, site plan requirements must be met before the expansion can continue. Chairman Givens stated ;that even `if. the variance is- .granted today, they still have a site plan 1. requirement to meet and -have to satisfy the Health Department, and Mr. Cheran said that is correct. a hardship` exists, the 4p surrounoiiig,properties an Mr. Oates,made a and a 75 foot right side v unanimous. at ,-the Board has been able to answer the question as to whether :armg. indicates this will not have any negative impact on a unique. situation that is not generally shared in this area. to approve Variance #04 -12 for a 52 foot front yard variance Mr. Wells seconded the motion and the vote to approve was Variance Request, #05 -12 of Wright Renovations, Inc., submitted by Marsh & Legge Land Surveyors; +P.L.C., for a 73 foot right side variance, resulting in a 27 foot right side setback, and a 35 foot left side variance, resulting in a 65 foot left side setback, for a single family house to be built on an existing foundation. This property is located on the east side of Welltown Road (Route 611) approximately 0.25 miles south of the intersection with Rest Church Road (Route 669), and is identified with Property Identification Number 33 -A -13B in the Stonewall Magisterial District. Frederick County Board of Zoning Appeals Page 1601 August 21, 2012 ACTION — VARINANCE APPROVED AS AMENDED Mr. Johnston presented the staff report. Based on the Gainesboro Fire Department records, the previous dwelling was destroyed by fire on January 3, 2010. The ordinance allows reconstruction of a non- conforming use within one year, but because the non - conforming use was not re- established within that one year period, the ordinance deems this use discontinued and the current ordinance requirements apply. The current ordinance requirements state that no primary construction can be constructed due to overlapping 100 foot building restriction lines. 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 forahe rear and side yards. Frederick County amended its ordinance in 19891, and "2007'to change the A -2 zoning districts to the current RA (Rural Areas) Zoning District', making the current setbacks for the property 60 feet to the front, 60 feet to the rear and 100feet on both``sides. The applicant is requesting a 73 foot right side variance and'a 35 foot left side variance resulting in a 27 foot right side setback and a 65 foot left °sidersetback. The variance is to accommodate a 54x28 foot (1,512 square feet) single family dwelling with a 34x24 foot attached garage. Mr. Johnston noted that the original dwelling did not have an,attached garage as part of the existing foundation and according to the`,6 m issioner of Revenue's records, the original house was 1,463 square feet. Mr. Johnston statedr',tlat)ithe only agency comment received was from the Health Department, On July 19, 20121 the ffealth Department provided - documentation that the existing sewage disposal system appears to be'Afunctioning arid, after minor repairs at the time of their inspection, they have no'''objection foil a building perinitrfor a three bedroom dwelling on the property. F " , ,y' The Code of 4inia 1950 ='as' amended 15.2-2109(2) and Section 165- 1001.02 (C) of the Frederick :County ZonmgrOrdinanee'states that no variance shall be granted unless application can meet--,the following: 1. The strictapplication 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 autl orization�rof 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. Mr. Mike Artz of Marsh & Legge Land Surveyors is representing the applicant. Mr. Artz stated that Mr. Wright purchased this property recently and as Mr. Johnston stated, the house did exist until January of 2010. Mr. Artz believes the parcel was created in the late 1970's as a family division lot and that's the reason it's a one acre lot. Mr. Ariz stated that the applicant would like to have an attached garage; the alternative would be to move it and have it function as an accessory structure with a 15 foot side yard. Frederick County Board of Zoning Appeals Page 1602 August 21, 2012 Mr. Oates told Mr. Artz he can understand the hardship for the existing foundation since there are overlapping setbacks, but it's a stretch to consider it a hardship to add an attached garage. He understands doing a detached garage, it's only a 15 foot setback, but that's conforming with the ordinance. Mr. Oates further stated that the attached garage doesn't necessarily have to line up with the wall, it could move over four feet and stay within the requested setback for the existing foundation. Mr. Artz responded that Mr. Oates is correct, that could happen. Chairman Givens added that a corner could be put on it and moue the whole thing over about four feet and the end would come down to the same 27 feet, or you could skew it a little and could establish the 31 foot setback. r. Mr. Artz understands what's being said and he stated-that this could be changed. Mr. Oates asked Mr. Artz if he would like to discuss this change with his client. Mr. Artz'stated he would be happy to amend his request to a 31 foot setback as opposed_ to a 27 foot setback. Chairman Givens opened the public hearing at 4:20_`` m There being no one present who wished to speak either for or against this variance request, Chairman Givens closed the public hearing at 4:20 p.m. _. Mr. Wells inquired if the Board could Cheran stated that the request can:be: amended Mr. Oates stated-" recordthat the resulting in a 65 foot Artz responded he is. r ?the change-as part of this request. Mr. all right to oonsider the amended request. the 35 foot left side variance, Mr. Arfz if he's okay with the amended request. Mr. Mr .Wells made a motion to approve Variance 905 -12 as amended. Mr. Carpenter seconded the motion and the vote,'to approve was unanimous. Variance Request #07112 of J. H. Yost, HI, for a 26 foot right side variance and a 26 foot left side variancc,'resulting in a 24 foot setback on both sides, for a single family house. This property is located in Enon Springs Subdivision (Route 608), on Aster Trail, Lot 13, and is identified with Property Identification Number 69A- 1 -30 -13 in the Back Creek Magisterial District. ACTION — VARINANCE APPROVED Mr. Johnston presented the staff report. Mr. Johnston noted that the lots in Enon Springs are zoned RA (Rural Areas) but they're roughly the size of what you see in Shawneeland and Frederick County Board of Zoning Appeals Page 1603 August 21, 2012 Mountain Falls. The reason for the variance is that with the current RA setbacks, there is no buildable area to construct a dwelling. 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 rear and side yards. Frederick County amended its ordinance in 1989 and 2007 to change the A -2 zoningdistricts to the current RA (Rural Areas) Zoning District, making the current setbacks for the property��60 -feet to the front, 50 feet to the rear and 50 feet on both sides. The applicant is requesting a 26 foot right and left both sides. The variance is to accommodate a 52x30 single required at the time of permit application. The Code of Vireinia 1950 as amended 15.: Frederick County Zoning Ordinance states that no can meet the following: 1. The strict application of the Ordinari 2. The hardship is not generally shared 3. That the authorization of such vai property and the character of the disc Mr. Rocky Yost, Chairman Mr. Bill Horton doesn't i should b taken it - and culy look'at 1 involved Mr. Basically, a They have a •oblems and As there was 4:30 p.m. a 24 foot setback on ick surveys would be and Section 165- 1001.02•(C).of the shall be, "granted unless application produce an uridt properties in the did not have. iblic hearing rig district and vicinity. be a substantial" detriment to the adjacent flanged by the variance. to add °to Mr. Johnston's comments. M. d that,he �hast lived in this-`area, on Route 608, for 20 years. Mr. Horton bei use.,ng built, <but he feels the contractors coming in to build the houses for th&, ntenance of the roads. Mr. Horton and another neighbor have maintain the, roads for the last 15 years; they've graded and put in ditches rious stornrivater drainage problem and Mr. Horton feels someone needs to something:' Mr. Horton added that he doesn't want the County to get .tl across from the subject property, and he agrees with Mr. Horton. done with the infrastructure. else who wished to speak, Chairman Givens closed the public hearing at Chairman Givens asked Mr. Cheran if there is anything that the Board of Zoning Appeals can do to assist with the road and drainage problems. Mr. Cheran stated these are private roads, which means the residents own the roads. Frederick County Board of Zoning Appeals Page 1604 August 21, 2012 Chairman Givens stated that, unfortunately, this isn't in the purview of the Board of Zoning Appeals to discuss this. Currently, new subdivisions with private roads usually have a Homeowners Association to take care of such problems. Mr. Lowman stated the only way the County could get involved is if the roads are not passable by fire trucks or emergency vehicles. Chairman Givens asked who would be responsible and Mr. Lowman said it would be the property owners' responsibility. Chairman Givens stated that as Chairman, he cannot make a motion, but the property is in his LLs,, District and he has looked at it. It is not buildable without the granting of a variance. The variance request seems reasonable, it doesn't appear it will be a detrimentto the adjoining properties and it's certainly in a condition that's shared by the lots in the subdivision h Mr. Carpenter made a motion to approve Variances 407 -12 as submitted. Mr. Lowman seconded the motion and the vote was unanimous to approve. In light of the last variance request stated that it might be a good idea for the Supervisors asking them to revisit lots small Mr. Cheran stated that staff will Mr. Oates made this matter. Mr. Lowmi There being no furth&ir,bus. request from last "`month at Lake St. Claire, Mr. Oates -of Zoning Appealsto send a letter to the Board of •two; acres in the RA District created prior to 1989. stigate,options and;decide how best to handle this. a letter`and a report to the Board of Supervisors to consider on and thevote was unanimous. at 4:40 p.m. submitted, James Givens, Chairman Bev Dellinger, Secretary Frederick County Board of Zoning Appeals Page 1605 August 21, 2012 VARIANCE APPLICATION #08 -12 JASON AND LISA BLY Staff Report for the Board of Zoning Appeals Prepared: September 6, 2012 Staff Contact: Dana M. Johnston, Zoning Inspector 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: September 18, 2012 — Pending LOCATION: 1425 Cedar Grove Road (Route 654) MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 31 -A -7G PROPERTY ZONING & USE: Zoned: RA Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Residential East: RA (Rural Areas Use: Residential West: RA (Rural Areas) Use: Residential VARIANCE REQUESTED: The applicant is requesting a 20 foot left side variance for an existing dwelling and deck, resulting in a 30 foot setback. REASON FOR VARIANCE: The dwelling was constructed in 2004 by the previous owners. The existing dwelling encroached on the left building restriction line, but this was discovered after the applicant sold property. The present owners' title company is taking exception to the existing encroachment. Variance 408 -12 — Jason and Lisa Bly September 12, 2012 Page 2 STAFF COMMENTS: The applicant is requesting a left side variance of 20 feet which will result in a 30 foot left side setback for an existing dwelling. This property is located within the RA (Rural Areas) Zoning District and is part of the rural preservation subdivision known as Hicks Meadows. The approved plat annotates the setback as 60 feet from the front, 15 feet on the right, 100 feet from the rear, and 50 feet on the left side. Typically, setbacks for a rural preservation lot would be 60 feet from the right -of -way of a state maintained road, 15 feet for the sides, and 40 feet for the rear. However, the reasoning behind the 50 foot setback on the left side is that the ordinance states that side and rear setbacks from rural preservation lot lines which adjoin parcels other than another rural preservation lot shall be determined by adjoining parcel size. In this case, the adjoining lot identified as tax map 31 -A -7C is not a rural preservation lot, therefore creating a 50 foot setback on the left side. It appears the property was acquired in good faith by the current owner and with no previous knowledge of the setback violation. This request from the current setbacks of the RA zoning district may be justified. The applicant is seeking this variance in order to correct the original encroachment and to satisfy their title company. Therefore, this application for a variance must meet the requirements as set forth by The Code of Virginia 1950 as amended 15.2 - 2309(2), and Section 165- 1001.02 (C) of the Frederick County Zoning Ordinance. This variance, i f granted, would result in a 30 foot left side yard setback. STAFF CONCLUSIONS FOR THE SEPTEMBER 18, 2012 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. w > 4� ma>A NTAIN Rp Applications Parcels N� ) -. dr Building Footprints 411, / B1 (Business, Neighborhood District) l B2 (Business, General Distrist) 4a BS (Business, Industrial Transition District) EM (Extractive Manufacturing District) 40 HE (Higher Education District)xr�Waas ® M1 ( Industrial, Light District) �— M2 (Industrial, General District) 4M MH1 (Mobile Home Community District) 40 MS (Medical Support District) OM (Office - Manufacturing Park) ,.XU R4 (Residential Planned Community District) 4W R6 (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) Note: m Ono Frederick County Dept of VAR # 08 -12 Planning & Development Jason and Lisa Bly s e 9 snnm te20znrsl w > 4� ma>A NTAIN Rp Applications Parcels N� ) -. dr Building Footprints 411, / B1 (Business, Neighborhood District) l B2 (Business, General Distrist) 4a BS (Business, Industrial Transition District) EM (Extractive Manufacturing District) 40 HE (Higher Education District)xr�Waas ® M1 ( Industrial, Light District) �— M2 (Industrial, General District) 4M MH1 (Mobile Home Community District) 40 MS (Medical Support District) OM (Office - Manufacturing Park) ,.XU R4 (Residential Planned Community District) 4W R6 (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) Note: Frederick County Dept of VAR # 08 -12 Planning & Development Jason and Lisa Bly s e te20znrsl PINS. Winchester, VA 22601 31 - A - 7G 540 - 665 - 5651 Map Created: August 28, 2012 Staff: djohnston n 1CS OOn FRn Ceel US 'J AUG 2 4 2012 APPLICATION FOR VARIANCE F"- 'ER!CK COUNT IN THE Purr °�.n �. 7rvno� COUNTY OF FREDERICK, VIRGINIA �— MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner other X . (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: Mike Artz CIO Marsh & Legge ADDRESS-560 North Loudoun St._ Winchester, VA 22601 OCCUPANT: (if different) NAME: _Jason G. Bly & Lisa H. Bly ADDRESS: 1451 Cedar Grove Road Winchester. VA 22603 TELEPHONE:-540-667-0468 TELEPHONE:-703-926-5473 3. The property is located at (give exact directions and include State Route numbers): West side of Cedar Grove Road approximately 250' North of the intersection with Babbs Mountain Road 4. The property has a road frontage of_301.2_feet and a depth of _I 197feet and consists 9 • ! of 4.7557 acres (please be exact). 5. The property is owned by _Jason G. Bly & Lisa H. Bly as evidenced by deed from Scott A. Turk & Cindy L. Turk recorded (previous owner) in Instrument 4070017820, recorded in the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. G^koz.S?)O�Lo 6. Magisterial District: Stenewell District 7. Property Identification No.:_TM 9 31 -A -7G 8. The existing zoning of the property 9. The existing use of the property is:residential 10. Adjoining Property North East South _ West USE ZONING Residential_ RA Residential RA Residential RA Residential RA 11. Describe the variance sought in terms of distance and type. (For example: "A 3.5' rear yard variance for an attached two -car garage. ") A 20 Left Side yard variance for existing dwelling and deck 12. List specific reason(s) why the variance is being sought in terms of: existing conditions (house was constructed by others prior to current owners). Existing dwelling and deck encroach across the Building Restriction Line. The house was constructed in 2004 but the encroachments were only recently discovered. Title Company is taking exception to the existing encroachment across the Building Restriction Line. 13. Additional comments, if any: 7 0 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 Cari Ann Wynkoop & Michael S. Gray Address 1451 Cedar Grove Road, Winchester, VA 22603 Property ID # TM 431 -A -7G Timothy V. Schott & Sherry V. Schott Address 143 Jennifer Court, Winchester, VA 22603 Property iD # TM #31 -A -7A & 7B Douglas Dorman & Tina Marie Dorman Address 1377 Cedar Grove Road, Winchester, VA 22603 Property ID # TM #31 -A -7C Allen M. Glasgow & Mary C. Glasgow Address 1395 Cedar Grove Road, Winchester, VA 22603 Property 1D # TM #31 -A -7F Alvin R. Bly Address 548 Babbs Mountain Road, Winchester, VA 22603 Property ID # TM #31 -A -128 Address Property ID # Address Property ID # 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. 0 0 AGREEMENT VARIANCE # 6 c) "%,) (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 APPLICANT DATE SIGNATURE OF OWNER 3 DATE �r Z3"12 (if other than applicant) - OFFICE USE ONLY- BZA PUBLIC HEARING OF L , ACTION: ATE- APPROVAL SIGNED: BZA CHAIRMAN DENIAL DATE: • • Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.co.frederick.va.us Department of Planning & Development, 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 1 (We) (dame) Jason G. Bly & Lisa H. Bly (phone) 703- 926 -5473 (Address) 1425 Cecar Grove Road, Winchester, VA 22603 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. 070017820 on Page and is described as Parcel: Lot: 5 Block: Section: do hereby make, constitute and appoint: (Name) Michael M. Artz Subdivision: Hicks Meadow (Phone) 540- 667 -0468 (Address) 560 North Loudoun Street, Winchester Va 22601 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: Rezoning (including proffers) Conditional Use Permit Master Development Plan (Preliminary and Final) Subdivision Site Plan Variance 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 shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this 23 day of A Ac us-r 120 IL , Signature(s) State of Virginia,'C�1ty /County of To -wit: $+1"8"14,� Notary Public in and for the jurisdiction aforesaid, certi that the person(s) who signed tQ• i, ��strument personally appeared before me and has ack owI dged the same before me in they ' TAFp or.�$atb�this day of 2012—. PUBLIC * t REG. #18x263 ry Commission Expires: QI3a //3 Notary Public : co, : MY COMMISSION e S ••. - EXPIRES FA LTH �F "unnr"" • 0 TM 31 -A -7A TM 31 -A -7B TIMOTHY V. SCHOTT & TIMOTHY V. SCHOTT & SHERRY K. SCHOTT SHERRY K. SCHOTT OF Rp3932 INSTR N0. 020000332 INSTR NO. 020000332 2 ,::: Eµ1p 0 0 p - - - - TM 31 -A -7C 100' BRL DOUGLAS DORMAN & �1 TINA MARIE DORMAN I INSTR. NO. 070010270 LOT 1 , HICKS 50000 AC W �' vi I I c� I I al IIW � EXISTING DWELLING ~_I AND DECK 1 ENCROACH INTO qy 1'EXISTING 50' BRIE 330 � ooN I I TM 31 -A -7G JASON G. BLY o^ �' LISA H. BLY INSTR. NO. 070017820 z° I LOT 5 HICKS MEADOW 4.7557 AC I^ I 1 TM 31 -A -H 150 0 150 I CARI ANN WYNKOOP & I1 MICHAEL S. GRAY SCALE: 1" = 150' 1 INSTR NO. 040010D71 BR 6� L J 2$0 A0 UjSr0 CEDVRSGROVE ROAD ROIL 1N TE 654 ZONING VARIANCE PLAT tw)c OF THE LANDS OF JASON G. BLY &LISA H. BLY AND GAINESBORO MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA, Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667 -0468 - FAX (540) 667 -0469 - DMIE oHice®mmshandlegge.com .150" 1 DATE AUGUST 23, 2012 SHEET 1 of 1 0 070017820 When recorded: Please Forward To: Fidelity Residential Services 16260 N. 71 st Street, 2nd Floor Scottsdale, AZ 85254 _ -.I GVM.n TAY In VA. 11 In_ _. _ . _ 0 1 ('r (1 (7 MM This rya mwrd for Cldk THIS DEED, made this 28th day of June , 200 by and between SCOTT A. TURK and CINDY L. TU husband and wife, (hereinafter, "Grantors -) and JASON G. SLY and LISA H. SLY (hereinafter, "Grantee) whose tax mailing address is: 1425 CEDAR GROVE ROAD, WINCHESTER, VA -22603 WITNESSETH: That for and in consideration of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and or acceptance of which is hereby acknowledged, the said Grantors do hereby grant, bargain, sell and convey, with GENERAL WARRANTY AND ENGLISH COVENANTS OF TTTT.E, unto the said Grantee, in 9 as tenants by the entirety with the right of survivorship as at co=on law the following described property, to-wit: For property Description See Schedule A This conveyance is made expressly subject to conditions, restrictions, reservations and easements of record, if any, constituting constructive notice. Property Address: 1425 CEDAR GROVE ROAD, WINCHESTER, VA 22603 Tax ID: 31 -A -76 V. a�VA 2H n. m- nI<s>a. ne s a WITNESS the following signatures and seals: SCOTT A. TURK STATE/COMMONWEALTH OF VA CITY /COUNTY OF #f, " eo to-wit: I, the undersigned Notary Public, in and for the City/County and State aforesaid, do hereby certify that SCOTT A. TURK has acknowledged the same before me in the City/County and State aforesaid, on this 2$" day of -2 D6? p,unu,„ • gi0uplh��W)a expires: 9/3//09 opov- Public - - O >' • , ��.. .TURK "5 AY 1'J STATE/COMMONWEALTH OF VA CITY /COUNTY OF HVI1 ro to-wit I, the undersigned Notary Public, in and for the City/County, and State aforesaid, do hereby certify that CINDY L. TURK has acknowledged the same befory me in the City/County and State aforesaid, on this day of Tu na--. 2"v My commission expires: 913 fA) hr a.y ®mmme.eabrto'[Mb, N�tlOebmmmetl6euPOpebmlOrnAemLLemrymiT V�mmY emlEe Wliq'etmle M{AUb. —. _ _ w"s be®ev p 0ry bn mbretl, mEV+mO of cq[ b vR rmw W F On �y h..e �sq meema mtl � rih Oe m Ntls D ad m o.mix wms � b�. etim a(ram. mt Neb>m (Q...ameoeu, mr mb ar mmyirba ..ioomuy m.,® m CEagq uO V N ml pyu� fu the M ®mY mt maa „b) PR�B ms bt ®ml h �tl4' Ibhel b be bmma'1 pgatu¢ 0 0 I SCHEDULE A All of that certain lot in Frederick County, Virginia, designated as Lot 5, of flicks Meadow, on that certain plats of survey dated January 2, 2002 and January 31, 2002 by David M. Fursteman, L.S. of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, as Instrument Number 020003932. It being the same property conveyed to Scott A..Turk and Cindy L. Turk, husband and wife,. by -- - -- deed from William O. Busko, dated May 27, 2004 and recorded in Instrument Number 040010283. V;RGiNiA: FREDERICK COUNTYWE This instrument Of nrriting was produced to me on 1 i2:0�p. and with ctrl n�H,��d,cmcnt thereto annexed was admitted to record. lax imposed by Sec.58.1 -M of X� o0 and 58.1-801 have been paid, if assessable, to , ©erk 02000393'? e 0 0 / FINAL PLAT s NW��O77R RURAL SS+U,�BDDMSJON LU r CK AM.A S DO YY ` GAMMoR0 DISTRICT FREDERICK COUNTY, VMGINIA VICINITY MAP I"— 12W rAX MAP NUMBER: 31 -A -7 - - - ZONE: RA SE: AGRICULTURAL L SURVEYOR'S CERTIFICATE I, David M. Furstenau, a duly authorized land surveyor, do hereby certify that the land shown in this subdivision is in the name of David A. Hicks and is a portion of the land conveyed to him by deed dated November 13, 2001 and recorded among the land records of the Clerk of the Circuit Court for Frederick County, V�r�lnia Instrument # 010016521 / 1 n /I David M. Furstenau L.S. OWNER'S CERTIFICATE The above and foregoing subvdivision of the land of David A. Hicks as appears in the accompanying plat is with the free consent and in accordance with the desires of the undersigned owners, proprietors or trustees, if any. c�� avid A. Hicks State of Virginia /I City/County of C. , d +. _ k l 'a I 04 a notary public in for the state of Virginia and the cityl ounty of � y,y,c, =_ do hereby certify that this day personalty appeared before me, David A. Hicks whose name is signed to the above Owners Certificate.dated January 31, 2002 nd ackno ledged to the same before me in,tpy state and city/county as aforens��id,. Notary Public . { Given under my hand this 9 % da o 2002. My commission expires c Lii31 OM5. °c r Ar ROVALS 111 SOUTH LOUDOUN STREET WINCHESTER, VIRGINIA 22601 Da a -7 -02- Date z vY•oz Date I DATE: JANUARY 3f, 2002 SCALE: /OF5 9 a. 2 9 P 0 0 / FINAL PLAT s NW��O77R RURAL SS+U,�BDDMSJON LU r CK AM.A S DO YY ` GAMMoR0 DISTRICT FREDERICK COUNTY, VMGINIA VICINITY MAP I"— 12W rAX MAP NUMBER: 31 -A -7 - - - ZONE: RA SE: AGRICULTURAL L SURVEYOR'S CERTIFICATE I, David M. Furstenau, a duly authorized land surveyor, do hereby certify that the land shown in this subdivision is in the name of David A. Hicks and is a portion of the land conveyed to him by deed dated November 13, 2001 and recorded among the land records of the Clerk of the Circuit Court for Frederick County, V�r�lnia Instrument # 010016521 / 1 n /I David M. Furstenau L.S. OWNER'S CERTIFICATE The above and foregoing subvdivision of the land of David A. Hicks as appears in the accompanying plat is with the free consent and in accordance with the desires of the undersigned owners, proprietors or trustees, if any. c�� avid A. Hicks State of Virginia /I City/County of C. , d +. _ k l 'a I 04 a notary public in for the state of Virginia and the cityl ounty of � y,y,c, =_ do hereby certify that this day personalty appeared before me, David A. Hicks whose name is signed to the above Owners Certificate.dated January 31, 2002 nd ackno ledged to the same before me in,tpy state and city/county as aforens��id,. Notary Public . { Given under my hand this 9 % da o 2002. My commission expires c Lii31 OM5. °c r Ar ROVALS 111 SOUTH LOUDOUN STREET WINCHESTER, VIRGINIA 22601 Da a -7 -02- Date z vY•oz Date I DATE: JANUARY 3f, 2002 SCALE: /OF5 • 0071 PARCEL 9 RA VACANT N 31 °2803 "E h2 k0 5 199.99 150 42' S 52.4240 ? 35 / HICKS OOO I N 2TlT LOT /RA VACANT PARCEL 8 t I ' I y'1ioo RA VACANT � 1 y 2 ,N D W N 2 s ui Lu ^Iti Q I Lo °33,29 pZ A, 0 o ° 91 10 a k ? F `�� '5 - v ` ` w CA LOT 21 3.7291 �' LOT 3 I a w . = n AC 0 4.4/40 AC. C? N m W t A In � 1"I yl °LOT 4 °' N � c Il I( / °m 3.7649 < I a ° AC h ILOT 5 4.7557 io AC. I I 1 SOUTH LOUDOUN STREET WINCHESTER, VIRGINIA 22601 LOT 6 v LOT 7. 6.2476 5.4393 1 AC. AC 9'IS p FINAL PLAT MAJOR RURAL SU8DI CIS /ON HICK ORU ERDOW FREDERICK COUNTY. VIRGINIA, j So 5 3 0, 558 5LME _ /44.89'' J00.00 9535' 18364' 300.00' J 57RiM`AfBY "C4rcp zp 7NE C Mm_ _9E UR 4 O AI S X 0040'30 3 '05" 0 GR��F S 3 4 r 7 24 W 483.4956ROAD UTE 654 REV 3 /7R� 0 0 )2 -9323 fDAIM: JAN. 3 1, 2002 CALE: 1"-200' 20P5 r, bolt • Lore t 0 I r DRAINFI� 29E24'48'E T 90JZ L -1 2 N72H9,4�.. Nr 4143.46' i I'A 63 m -4 F,4 {( .. ' f iZO 4l4 ,\ ,•• ,• � ss, Ftl N = LOT % O T)AVIO w WiSTENAU LOT 5 LOT 6 U No. uss is Z4 a7 v2 LOT 3 ` It L R' OT4tic ND 00 s PLAT FINRI. �BOIVI51oN'= MAt1oR HI �5LM�RDOW > �. Poroo ICK y 1141A {' { 1 �, F� � I J ESMrPoND SO FSAITr�,�g� GROVE R CEDAR DA7E: JAN 31. 2008 523 �: �' , 200' rt m (RT 3 OF 3 ' o I'd 0 NO. RHO. DELTA 1 1225.00' 13021'07" 2 1250.00' 10019'21" _ 3 975.00' 07038'26" 4 1000.00' 27013'46" 5 975.00' 14043'57" 6 975.00' 04051'23" 7 525.00' 26020'28" 8 500.00' 26007'45" ARC TAN. 285.47' 225.20' 130.02' 475.24' 250.70' 82.64' 241.36' 228.02' 143.38' 112.91' 65.11' 242.20' 126.05' 41.35' 122.85' 116.03' CHO. CHO. BRG. 284.82' S 30007'50 "W 224.90' S 31038'43 "W 129.92' N 41011'31 "E 470.78' S 50059'11 "W o 250.01' N 52022'42 "E o 82.62' N 62010'22 "E --j 239.24' N 51025'50 "E W 226.05' S 51032'11 "W • I I� CARPEN TER RA RESIDENCE ^H � 1 31--A- "E 1 S12.7D 6 2 m l °p N c RESERVE wQC ( CANNOT BE FURTHER Iy a / SUBDIVIDED) oo mec \ `� 1`r � 1! 49.7472 AC, ' {\ 00 8 lmcc S ia°" 5 21017'07 "W 977.55' Aa �l Ox°13' - / o' if HARRELL RA AGRICULTURE / 31 -A -132 �� z DAVID OA R D y, U LJ '5 5 04.4+5 ow ry b ui (q O CC su mI -._ -_ io v FINAL PLAT _ r o m MAJOR RURRL SUBDIVISION J o HICKS MERDOW '^ GAINESBDRO DISTRICT - _ - - - FREDERICK COUNTY. VIRGINIA O 5 O4o03. NOTE.- PINS SET AT ALL CORNERS UNLESS OTHERWISE NOTED. FURSTENAU SURVEYING (540) 662 -9323 DAYS: JAN. 31, 2002 111 SOUTH LOUDOUN STREET SCAM 250. . WINCHESTER \!IRGINIA 0 0 FINAL PLAT MAJOR RURAL SUBDIVISION HICKS MEADOW GAINESBORO DISTRICT FREDERICK COUNTY, VIRGURA The proposed shared driveway is not built according to street standards of and will not be maintained by the Virginia Department of Transportation or by the County of Frederick. The improvement and maintainanceof said driveway shall be the sole responsibility of the owners of lots which are provided access via the driveway. Said shared private driveways will not be consldered for inclusion into the state secondary system until they meet the applicable construction standards of the Virginia Department of Transportation. The cost of bringing said driveways to acceptable 'y standards shall not be boms by the Virginia Department of Transportation nor by Frederick County. SUBDIVISION APPROVAL STATEMENT This subdivision is approved for individual onsite sewage systems in accordance with the provisions of the Code of Virginia and the Sewage Handling and Disposal Regulations (12 VAC 5- 610 -10 at seq. , the "Regulations ), ( and local ordinances if the locality has authorized the local health department to accept private evaluations for compliance with the local ordinances). This subdivision was submitted to the Health Department for review pursuant to Section 32.1 -163.5 of the Code of Virginia which requires the Health Department to accept private soil evaluations and designs from an Authorized Onsite Soil Evaluator (AOSE) or a Professional Engineer working in consultation with an AOSE for residential development. The Department is not required to perform a field check of such evaluations. This subdivision was certified as being in compliance with the Board of Health's regulations by: David Racey, AOSE #139, Phone # 662 -4185. This subdivision approval is issued in reliance upon that certification. Pursuant to, Section 360 of the Regulations_ this approval is not an assurance that - Sewage Disposal System Construction Permits will be issued for any lot in the subdivision unless that lot is specifically identified as having an approved site for an onsite sewage disposal system, and unless all conditions and circumstances are present at the time of application for a permit as are present at the time of this approval This subdivison may contain lots that do not have approved sites for onsite sewage systems. This subdivision approval is issued in reliance upon the certification that the approved lots are suitable for "traditional systems ", however actual system designs may be different at the time construction permits are issued. 111 SOUTH LOUDOUN STREET WINCHESTER, VIRGINIA 22601 O 0 r DATE: JANUARY 31, 2002 SCALE: 5 of 5 AREA TABULATION BEFORE SUBDIVISION TOTAL AREA 79.3681 ACRES AFTER SUBDIVISION AREA IN LOTS (2 -7) 28.3506 ACRES RESERVE PARCEL 49.7472 ACRES ROAD DEDICATION 1.2703 ACRES TOTAL 79.3681 ACRES The proposed shared driveway is not built according to street standards of and will not be maintained by the Virginia Department of Transportation or by the County of Frederick. The improvement and maintainanceof said driveway shall be the sole responsibility of the owners of lots which are provided access via the driveway. Said shared private driveways will not be consldered for inclusion into the state secondary system until they meet the applicable construction standards of the Virginia Department of Transportation. The cost of bringing said driveways to acceptable 'y standards shall not be boms by the Virginia Department of Transportation nor by Frederick County. SUBDIVISION APPROVAL STATEMENT This subdivision is approved for individual onsite sewage systems in accordance with the provisions of the Code of Virginia and the Sewage Handling and Disposal Regulations (12 VAC 5- 610 -10 at seq. , the "Regulations ), ( and local ordinances if the locality has authorized the local health department to accept private evaluations for compliance with the local ordinances). This subdivision was submitted to the Health Department for review pursuant to Section 32.1 -163.5 of the Code of Virginia which requires the Health Department to accept private soil evaluations and designs from an Authorized Onsite Soil Evaluator (AOSE) or a Professional Engineer working in consultation with an AOSE for residential development. The Department is not required to perform a field check of such evaluations. This subdivision was certified as being in compliance with the Board of Health's regulations by: David Racey, AOSE #139, Phone # 662 -4185. This subdivision approval is issued in reliance upon that certification. Pursuant to, Section 360 of the Regulations_ this approval is not an assurance that - Sewage Disposal System Construction Permits will be issued for any lot in the subdivision unless that lot is specifically identified as having an approved site for an onsite sewage disposal system, and unless all conditions and circumstances are present at the time of application for a permit as are present at the time of this approval This subdivison may contain lots that do not have approved sites for onsite sewage systems. This subdivision approval is issued in reliance upon the certification that the approved lots are suitable for "traditional systems ", however actual system designs may be different at the time construction permits are issued. 111 SOUTH LOUDOUN STREET WINCHESTER, VIRGINIA 22601 O 0 r DATE: JANUARY 31, 2002 SCALE: 5 of 5 0 0 Cq vlxUM&- FR EDHBICB OOUNTY, SM - - lbb Ism"Weeot of writing was produced to me onA M . - end with certificate of acknowiedgement thereto annexed ' waa'admitted w rwmd. Ta imposed by See. 5&1402 of i N I it . WA S&1-Ml bare b=paid, if werW* - Ml I �l 11