HomeMy WebLinkAbout019-76 James E. & C. Frederick Wisecarver - 1.144 Ac. R-1 to B-2 Shawnee - ZMAP withdrawn by rep. - Backfile (2)„nr
Zoning Amendment No. 40/ / _plication Date July 12, 1976
APPLICATION FOR REZONING . . . . . . . . . . . . . . . . . . . . COJ"TY OF FREDERICK, VIRGINIA '
TO THE PLANNING COMMISSIOi7 AND BOARD OF SUPERVISORS THE COUNTY OF FREDERICK, VIRGINIA . . . '
I (WE), THE UNDERSIGNED, DO HEREBY RESPECTFULLY >LASE APPLICATION AND PETITION THE GOVERNING
BODY TO AMEND THE ZONING ORDINANCE AND TO CHANGE THE ::JNING MAP OF COUNTY OF FREDERICK,
VIRGINIA AS HEREINAFTER REQUESTED, AND IN SUPPORT OF =HIS APPLICATION, THE FOLLOWING FACTS
ARE SHOWN:
1. The property sought to be rezoned is located :,t. 522 South Approximately 2 miles I
South of City of Winchester.
It has a frontage of 76.64 feet and a depth of _-0 feet and consists of 1.144 acres. I
James E. Wisecarver
2. The property sought to be rezoned is owned by C. Frederick Wisecarver
Myrtle Wisecarver
vs�andxl�s3c�eadxS�mc By Intestate succession from Myrecorded in Book
Page Registry of County of
(See attached Copy) 04000001
04000016
This property is designated as Parcel No.04000017 on Tax Nap No. 064B
(Note: Numbers may be obtained from the Office of Commissioner of Revenue.)
3. It is desired and requested that the foregoing property be rezoned:
FROM .R-1 TO B-2
4. It is proposed that the property will be put to the following use:
Antique Shon - with retail sales
5. It is proposed that the following buildings will be constructed:
60' X 80' Block Building
Septic and water available
'w • • ^ f
6. The following are all of the individuals, firms, or corporate owning property adjacent
to both sides and rear, and the property in front of (across street from) the property sought
to be rezoned: (Use additional pages if necessary.)
NAME
Nunber3
COMPLETE NAILING ADDRESS
(Street, Route, Box, Etc. NOS.)
PAR=
TAX MAP
e Melvin F. S itler
North
064B
Rt, 1, ox OA0000081
Winchester, Virginia O1
b_Donald Foluer
South
Rt. 1 Box 40A
Winchester Vir inia 22601
c James A. Ratcliff
South
064B
Rt. 1, Box 2 04000033
Winchester Virginia 22601
d
e J.H. Huff
West
064B
28 Oates Avenue 04000020
Winc ester, Virginia I
f John E. Cain
East
064D
Rt. 1 Box 118 OA0000017
Winchester, Vir inia 22 01
i
..-..-...o.�v„ —ay ve vu a— —Lit Lau --Le yr Lae wmmissioner or xevenue.) I
7. The following information is attached to support this application Deeds Attached
(Use additional pages if necessary.
s• (a) Attached is a copy of a LOCATION MAP ..... SCALED 1" = 2,000'
(b) Attached is a sketch showing proposed and/or existing structu es on roperty with
measurements to all property lines.
SIGNATURE OF APPLICANT:
=Ea
M. T ER
WAILING ADDRESS OF APPLICANT:
(Complete with Route, Street, �,,,nd BUTLER
Box, Etc. NU•1BEES.) S ameron treet, Winchester, VA 22601
f.o.r, o.f.f.i.c.e u.s.e o.n.�l.y
PLati'NING CW1MISSION PUBLIC HEARING RECOMMENDATION OF (date) / C
W. L--1 approval ® Denial SECRETARY (signed)
Due to the area's general complexion and the objection to spot zoning.
Z SUPERVISORS PUBLIC HEARING ACTION OF (date)
Saproval Denial COUNTY ADMIN. (signed) �--
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FUNKHOUSCZ ADDITIGti - F: CNT MYAL ROAD - U. S. ZOU= 522 - Melt+'; AAW NEe
CRSRYC DISTRICT', F.MDERICK COMTY, VIRGINIAt OVA UO!�
Lot 1 (Less Eastern lortion conveyed to The Commonwealth O�
of Virginia - Deed Book 229 Page 423) conveyed to Vyrtle 11 G'
n. Wisecarver by Deed dated 23 Uctober 1946 in Deed Hook .'Lie A. E9rPf
198 Page 70 --- Lot 16 conveyed to C. W. Wisecarver by
Deed dated 18 October 1943 in Deed Book 188 rage 80 AND
Lots 17 & 18 conveyed to C. W. Wisecarver by Deed dated o
June 1941 in Deed Book 123 rage 46.
Containing - - 1.144 Acres. •'
Surveyed - - - July 9. 1976. ..
tti.: !a.c�l 1.. ��+.�►, ..
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Flat attached thereto, reference is hereby made for a noro
V"tnoss the f011OWing sii-naturos and f�c.jj:;.
2'J'ARGMET 7,11
2_1
BUR:,(ELL T.IfT'Pl?-TT• f STATE OF VIRGIIJA,
COMITY OF FREDERICK, 'to -wit -
Is Virginia L. Davis, a Notary Public, in and for the County,
of Frederick, in the State of Virginia, do hereby certify that W. Ford Luttrell and
1.1rargarot Luttrell, his wife, and Burrell Luttrell, vihose names are sirned to the
foregoing writing
bearing date the 5th day of July, 1941, Personally appeared Lefove
ma and acknowledged the. same 111 DT county and state aforesaid.'
1i7 commission expires December 13th., 1944.
Given under nW hand this Sth day of July, 1941.
VIRGIKA L. DMIS
—moo Ta-r-y-1-5 is
TZEDERICK COUTITY SCT.
-
This Instrument of writing was producod to me on thor �th
P.M. Of July 2041 at 8.35 ana vriza certiiicate of acknow.Lcq,
i mant
•-arecord.-Itted to record. -
i#410
SALLIL V. FUMU11OUSU. ET A
TO DEED
%
C. V1. WISECARVER
r.
THIS DEED made and dated this 7th day of be;.
Sallie.V. Funkhouser (widow); Ozias T. Funkhouser and IMary Funkhouser, his rA
jEthel' L. Slifer and Walter Slifer, her husband and J. t4. Fun] . chousor
tinkhouser, his wife, all heirs -at -law of the late P. Funkhouser, rart_-'.C;; �T,' tll,t
first part and C. W. Wisecarvor, party of the second part.
VITNESSETH: That the parties of the f1r;L par-. ill
iof the purchase price of Five Hundred and Sixty-fivo DolIrtz's, 0P wll.icll
(1/4) has been paid in cash and the balance is ovidonco(I Iq ti),i
money bonds as hereinaf ter sot forth, do hereby }rant ali,,l con vc:,.
of Title, unto the said C. 71. Wisecarver, his heir !3 a i i il n o 1 r.
; follo-;.inc, unimproved lot-. of 1,,nd, located in
Vil"" nia I1)oiit tvic, (2) jrjj(,q -;oljLjl of t-}to I,, (I t
Rn
i ,11 j -1" 7 _. I* I
.'15, nnrl 37 '31 on a PJ%1, of id
attached and made +a�part of this Deed of conveyance. This is a ri: al' ?.. .... }.,r.:
of'n!Ach the late P. M. Funkhousor died, sei
zzed and pos:--o ncu.
Of the purchase money bne-fourth (1/-'? .-_.. .-, 21 ic: n .-..3
;
delivery of this Deed, the receipt of which is hereby aclso;;lcur;,,?, and Uhc 'r.•-:a..::.�
is evidenced by the three (3) deferred purchase norcy bonds in equal ^mov.nts, _1.Ya[)1e
�rAsrsetively in six (6), twelve (12) and eighteen (16) months from this date, boaring
interest from data at the rate of Six Per Cent (6,) per annum, payable se-,d-aztnuelly
,and their payment secured by a Dead of Trust of oven data hnreyith.
This conveyance is made, however, subject to the followring;
restrictions, which are constituted covenants real running with thc: land:
i
1. This property is sold to be used for residential p poses
only.
2. No buildings shall be erected on any of .aid lots ncarcit c;Un
I a
Thirty-five (35) feet to the. Street upon which it fronts nor nearer. than Ton (1`0) feet { _r
:to any side Street. t
.3. No buildings 'shall be erected on any of aaid lots to Cost less.
than Two Thousand Dollars ($2000.00).
4.'No noxious'or offensive trade or activity shall be car -rind
on upon any of said lots which may prove to -be an arnoyince or ruisir.co to t!s
neighborhood and the same shall be owned. or occupied by none other than the white Tac'e''
Said parties of the .first part covenant that thay have:a right
_.
to convey said property; that the same is free from all liens and encur ranecs a.nd
E that they will forever warrant and.defend the title thereto.
Witness the following signatures and seals this date firac a10Va:;r
SALOE V. I't I K OSEE i } !
REVci•.JE STAYPS n. OZJAS T. F?'ldiQ'OT!? tSsAL)
; $l.00 ,zt
:Cancelled �` YARY FUidI:I: I Sr d
r�ro,�xHsr�xr� aF
ET?iEL L. SLI i E R
;IALTER SI.M.;, (3ciL }
J. r' Fur,TUUUS'�, (,L L)
ARLE^IT FUifM,'jfJSF.;' (S_;:Zr.)
STATF OF VIRGINIA
f G01PNTY OF FREDERICK To-ti7it:-
I, Katharine Slaughter a R;otcry i'ublic in ra a:;., f
Frederick, State of Virginia, hereby certify that Sallin V. Pv;13. :r:r ita:~ ; n t•,_;
T. Funlchouser, and Mary Funkhouser, his wife; EVIol L. Sli£cr
i
husband and J. i,. Funkhouser and Arlean Funhi�ouser,
to the fore^wing rritin?-, boRrinr data on the 7th day of drr:e,
ackna-rledc-ed the sama before me in ray County and Stato afo:ec•iiil, knI i
certify that wry Commission as Notary P,,blio oxpiros Januard, 1st 11L•-".5.
Given under my hand this 5th day of July, 12':l.
...............
This deed
!b ti�iCn i•-ar', +%. Lock.'lart, 'Extx. of J. .'. Loci:+iC^t, 'io;''.., .
Iril'.:t, and Yary Katherine Lockhart beinr rarties 01' ti,,) :'ir:.
;'crop :-arty of the second ~art.
f :T1iirl;iSET11: That tho said :art.r;s r`
!7:nd in consideration of the sum of i::o hundred {` 00.00) :e'_..s, ('as,. in 1;,;d a
Irecei.rt i :ereor is herewith ac'�to:.ledCed, do hcreo,,, ant -nd c onv•,y to o t':c
.i
�7"Inecarver all of the following unimproved lot or ,arcel of land
in ?re:ierick county, Va., on the .:est side o: the :'.incheater ^nd _ront 1'oyzl Io n, 6e
iated as Lot No. IG in said ".imkhouser Addition" a plat of of rrecord in t `'
tue County Clerk's Office of Yrederick County, .%. , in Deed _ o,);: I63, 7�c ._;,, f,,on t + r-
one hundred fifty (I50) feet on the North side of Shawnee Jive :i a. z pt, on, rive.
�+
;estern Boundary of one himured ninety-eirht (19G) feet and a disc 1tZ:
"oundary of sirt .,(GO) feet, being part of the realty =aich Y;as con e•-=ed toT.
+hart by deed bearinv ,late June 7, I94I from Sallie V. Fimkhouser ::1ic Jcedzs of'racct
t
in V-c.aforer+entione d Clerk's 07fice in Jeed Look i°0, _a?e
realty of :•rhich J. N. Lockhart, late of Irederick Coimty, ';a.., disd, seized ai d' ossess-]
ed, the rill of said decedent having been probf�.teri in t`t of
•
Frenerick County, Va., on the I9th day of Au t:st, I343, r:d is Of in _
�Ierk's Of_ice it -'ill Book 55, pare 477, to all the ra-ars hereina: ,
(reference is here:-:ith riven.
Said Lary E. Lockhart and .:
I covenant Ciat the 'have a ri r.ht to convey said realty to raid
shall have_cuiet possession of the same; that they have cone no act t
realty; and 5,it they will execute such further assurances o'
' regttioite.
:"Witness the ''olio: i i'- si +'
! : GL5LLc'J - C
3T:tTE 07 ,•'IP.rr,IA,
OF ?I'LD:: ICK, to- :it :
I, Dotty 'Forrest, ._
and Sate aforesaid do hereby certify 1_'ttt
I.:ary h. Lockhart, in Baer ov.n ri 'at
IOCe names are ri "ned to the forc7oin,- :;ritin,^ 1eatrin • ::ttC ..
ert:,:be.'nre mo and ^cknoulenf;ed i.1 r. •acme in r,y
+ "y coi.ni.s^ion c,:pires nn I ,
Give,, i;nder ry Irind i'.:i: ..Li•_ „ r- ......
:jq(j rene to cost less thn:, Thirty Five 3Iundred ($300.00) I) ??•_...,
A driveway :!5 fcet -Hide exteridint; alum; .:Id i:...
this lut, is reserved, for the use of all lot c::rers _.r ;.
- a'
;. i:: -.:.:•ties of the first part covenant that *_'_e:
Same is free from.. all liens and
_. :All fnre.. ;;arrant and defend the title thereto.
i':itress the follo::ing signatures and seals this date
;A J. I'ILIER
AI
I, Kat'.leen 3. I'ii79, a Notary lrUlic in and for tine County of Frederic.., State of
rgiq a, , do hereby. certify that Frederick, State of Virginia, do hereby certify that
an .'.nna. J. filer, his wife, whose names are signed to the fore-oine '
-fr., E, Uewr?ng ^:te on the 21st day of October, 1946, have personally ap^eare3 Uefo e
G we and ael no!oi -•ec the sa:2o in my Counpy and State aforesaid.
IT' commission expires July 10,•1950.
Given under my hand this 22nd day of October, 1946.
KATH Eel R. KLINE ---
o ary Nblic
i
This instrument of rriting was produced to r.e on tha 25th
Oct. h,,6 it i2:50 P.11. and with'certificate of acknowledgment thereto annexed
a(7, t^ to reCcrd.
i
,
j"d 1482 i
FLT,:iA `CH T.:ICii0LS0'i LT VIP, #
% TU i•''D ,� F
This Deed made and dated this 23rd day of October, 1946, '
(, _:112aeeth• Nicholson and E. S. Iiicholson, her husband, being parties of the fir: t
"mT.1e .isecarver, beinc party of the second part.
'.:itnesseth: That the said parties of the first o::rt, f-.r
c; -:ie sum of 'hree Hundred ('300.00) Dollrss, cash in i:arG
' is hnreni Ch acknowledged, do hereby I,rant and convey, •r:ith general
., u',`.n 1e said 1yrtlo 1% '':ineearver, all that certain lot or ,areel
, sitL.,to in . redcrick County, Virginia, in lat is :::;a::a .ns _
v � /
O ,,\Vo
r,i.1e,: . 11th 0'
ro ii: hoyal : oad, and is desi?nated as "Lot T:o. 1" on tho pi '
record in the Count;; Cicrk's Office of
7 n g Thic lot has a fronta-e on said
c'.' ;,i,_ty (CO) feet and is located on tl:e ',iortt: side a"
C ruti.red fifty (150) feet on said Drive with a depth on its hor{her;'
?red seventy -tour (174) feet, being the same realty ,hich t^.as conveyer,
1A +:, ti :"Icholson by deed bearing date June 5, 1943, from J. ... 'unlllcaser,
1n fact fo. .c=lie V. funk?.ouser, in :hick deed there are certain restrictions ::,,
:•__:. •. •.:.' .� :::, and this Geed in made subject to all restrictions and reservations cont_Ai .ed.
ir. :3.I decal _'ran Fnnl<nouser to the said Elizabeth Nicholson above mentioned, to which
=o :gin i-.ned plat of runkhouser Addition a reference is here.dith 1:1ven
an.l r icular Ee3cription of the realty hereinabove described and conveyed.
Said parties of the first part covenant that they.uatre a :
'_Zc,t to co - - 1. realty to. said grantee; that said grantee s:; ll have curet pos-
o.: c: `ae >._::e; that they nave'"dune no act to encumber said realty; and t'.,at
;.,r, further assurances of said realty as may be requisite.
c
,
_ _ ......... �... ELIZ ABETII I: ICI:OLSOiI
_ :. ederi c.-, to -.-;it:
I, Dorothy G. Barrett, a Notary Public in and for the
._ins. o-,in`:y aforesaid, do hereby certify that Elizabeth Nicholson and E. S. Nichol-,
or ;,3, ,:hose names are'signed to the foregoing nriting, bearing date October
a;,neared and aclmowleaged the same before me in >ry State --id Count;
:ore^^id. j
:!V commission expires on the 28th day of July, 1949.
+
GIvcn under my hand this 23rd day of October, 19,16.
' DOi OT17:Y G. IV, -ITT
I o ary uo is
A L1
i
This instrument of rrritinC was nrod;;ced t r,.e on t1no
clay of C-';. 1346 at 1:05 F_'. and with certificace of acknowlec0zcnt thereto anucxcd :
July IZ, 1976
Mr. Ronald Berg
Frederick County Planning Office
9 Court Square
Winchester, Virginia 22601
Dear Mr. Berg:
This is to inform you that the current taxes for 1975 on the
Myrtle Wisecarver Estate land (Lot 1, 16, 17, 18 of Funkhouser
Subdivision) have been paid.
2e- - WL-�
Fredericl<CdqAnty Treastre;L\��
w pp
ER N N U F V Date
19 9 8
Received From
27
Address
ZP
For
ACCOUNT HOW PAID
AMT. OF CASH
ACCOUNT
AMT. PAID v CHEC
BALANCE MONEY By
DUE ORDER
REZONING FACT SHEET
.1.
Total amount for Rezoning (acres) .................
1.144 Acres
2.
Highway frontage amount (feet) ....................
76.64feet
5.
Amount situated in a flood hazard area (acres)....
None _
4.
Single-family homes:
a. Total amount ..............................
b. Average lot size ..........................
C. Amount of units attached ....................
d. Amount of units detached ....................
e. Total unit density (per acre) ...............
_
5.
Multi -family homes:
a. Amount of apartments ....................
b. Average dimension of apartments (square feet)
C. Average amount of bedrooms (per apartment)
d. Total unit density (per acre) ...............
6.
Commercial:
a. Amount of sales area (square feet) ..........
4800
b. Estimated amount of employees ...............
C. Amount of parking spaces to be provided .....
Amount required by Ordinance
7.
Industrial:
a. Building dimensions (square feet) ..........
b. Estimated amount of sewage discharge per day
(gallons) ...............
C. Estimated amount of solid waste discharge
per month (tons) .....
d. Estimated amount of employees ...............
e. Amount of parking spaces to be provided .....
8.
What services or amenities will be provided?
(Please list individually - use separate sheet if
necessary.)
Retail sales of antiques.
t .�
_'y."t'��+,+ar-111-tu rit o MalIt mI Z111 6
H. r ONALD BERG; 9 Counr SQUAREPLANNINC, DIRLXTOR REVIEW and COMMENT EVALUATION WINCHESTER, VIRGINIA 22601
J. 'WIt.UAM '?[LEY, 111
ZONINq C41n:
ADWNIsTRATOR
- _
./a
^�{� 1
/ Frederick -Winchester Health Department, ATTN
Sips �l.i • •: l:sv=:M,*NS`r
/ Department
of Highways and Transportation, ATTN
ZT/
REZONING
/ / SITE PLAN CONDITIONAL USE
PERMIT
ENCLOSURES:,
SUBDIVISION
OWNERS (APPLICANTs) /_/ AGENTs / / CONTACTS
/VilS`) (are) being advised by copy of this form that it is J(his)(her) (their)
responsibility to contact your office concerning this application as soon as possible.
PROPERTY OWNER: :I an'v
PROPERTY LOCATION:i1:i4a3t;% "w
.t 803i,.1s3i'#? .
PROPOSED USE:
d1rut—Ax.}ikwi ±:`. j:':}'?i "e ithw
TOTAL ACREAGE:
YOUR REVIEW and COMMENTS would be appreciated no later than
a ,Li a a;a 1t. e:a: s .6;I �#' �:>rs�a� t`'; c,..a:'�.€n . as' 4'. ��0,
,3. t,}
By: Date:
FOR YOUR COMMENTS:
FOR YOUR SIGNATURE:
Date:
703/662-4532
? I� �Ll v'fo'11i C,f 'J 1aIt 111it aI1_�'
i
BERG
r�nnri,:a OMI:CTOR REVIEW and COMtTENT EVALUATION / r•.•:: s;;_t. :.. ::•act
J. NNILUALi RILEY, Ili
XONIhc 000C An?.MNISTRAMR
/ Frederick -Winchester Health Department, ATTN _
/X/ Department of Highways and Transportation, ATTN
Mr. P. E. Musik
Mr. R. C. King
/X/ REZONING / / SITE PLAN / / CONDITIONAL USE PERMIT
/X/ ENCLOSURES: 2 copies - FUNKHOUSER ADDITION - Lots 1,16,17,18 -
July 9, 1976 property plat
SUBDIVISION
/X/ OWNERs (APPLICANTs) /X/ AGENTs / / CONTACTs
fW (are) being advised by copy of this form that it is 4�tA-jl Vddily (their)
responsibility to contact your office concerning this application as soon as possible.
PROPERTY OWNER: James E. & C. Frederick Wisecarver
PROPERTY LOCATION: Shawnee Magisterial District, Route 522
PROPOSED USE: Construct 60 X 80 building.
Antique shop with retail sales.
TOTAL ACREAGE: 1.144 + acres
YOUR REVIEW and COMMENTS would be appreciated no later than Wed., Aug. 25 19 76
IBy: J. William Riley, III, Zoning Code Administrator Date: 08/06/76 I
FOR YOUR COMMENTS:
Health Department has visited these premises. This nronerty has eyistina house and
drainfield. From all visual indications this system is :functioning satisfactorily.
Health Department has no objections to this drainfield being used for proposed
business.
FOR YOUR SIGNATURE:
IV
703/662-4532
Date:
"J
A" 67-0/-
�I.otill
O ;�[l .i iZ 1111 i t � Lh i t l t li , �.. � � � �'� R' i i,.0 j.t 11t ( i I � OK
:
REVIEW and COMMENT EVALUATION WINCHES7ER• VIRGINIA. 22601
J. WILI_IAM RILEY, III
ZONING ConF. Ar m1NIsrRATOR
/X/ Frederick -Winchester Health Department, ATTN Mr. P. E. Musik
/X/ Department of Highways and Transportation, ATTN Mr. R. C. Icing
/X/ REZONING / / SITE PLAN / / CONDITIONAL USE PERMIT / / SUBDIVISION
/X/ ENCLOSURES: 2 copies -- FUNIU-IOUSER ADDITION -- Lots 1,16,17,18
July 9, 1976 property plat
OWNERs (APPLICANTs) / X/ AGENTS / / CONTACTS
k � (are) being advised by copy of this form that it is (1[ldyly (their)
responsibility to contact your office concerning this application as soon as possible.
PROPERTY OWNER: James.;E. & C. Frederick Wisecarver
PROPERTY LOCATION: Shawnee /agisterial District, Route 522
PROPOSED USE: Construct 60 X 80 building.
Antique shop with retail sales.
TOTAL ACREAGE: 1.144 + acres
YOUR REVIEW and COMMENTS would be appreciated no later than Wed., Aug. 25 19 76
By: J. William Riley, III, Zoning Code Administrator Date: 08/06/76
FOR YOUR COMMENTS:
Satisfact or
A permit must be secured from this Department before any work is done on
State Right of Clay.
FOR YOUR SIGNATURE: Date: August 20. 1976
3/662-4532
0,y-,70--76 Z)wl-le'la
PETER I-McI{EE (1934-1967)
BENJAMIN M. BUTLER
STEPHEN G. BUTLER
MICHAEL L. BRYAx
MCKEE AND BUTLER
ATTORNEYS AT LAW
WINCI-1.USTER,VIRGINIA 22601
11 SOUTH CAMERON STREET
August 5, 1976
Mr. J . William Riley, III
Frederick County Planning Office
9 Court Square
Winchester, Virginia 22601
Re: My File No. 3500
Wisecarver - Rezoning
Dear Bill:
AREA CODE: 703
TELEPHONE 662-3486
Mr. James Wisecarver's address is Bufflick Road, Route 1,
Box 467, Winchester, Virginia 22601.
Very truly yours,
McKEE and BUTLER
BENJ�-,MIN M. BUTLER
RECEIVE® AUO 6 1976
PETER H.MCKEE (1934-1967)
BENJAMIN M.BUTLER
STEPIIEN G. BUTLER
MICHAEL L. BRYAN
MCKEE AND .BUTLER
ATTORNEYS AT LA'%V
WINCHESTER, VIRGINIA 22601
11 SOUTH CAMERON STREET
October 13, 1976
J . 0. Renalds , III, County Administrator
County of Frederick
9 Court Square
Winchester, Virginia 22601
Re: My File No. 3500
Wisecarver - Rezoning
Dear J . O:
AREA CODE 703
TELL,PHONE 662-3986
Please be advised that the petitioners, James Wisecarver and
Fred Wisecarver, wish to withdraw their petition for rezoning, which is
scheduled for hearing on October 13, 1976 at 7: 30 P. M.
The reason for this withdrawal is so that additional information
can be obtained which will be helpful to the Frederick County Planning
Commission and the Frederick County Board of Supervisors in reaching a
fair decision in the rezoning matter.
Very truly yours,
McKEE and BUTLER
BENJAMIN M. BUTLER
r
MEM
cc: Mr. James Wisecarver
3�V '
� r r
t7N-C> 7(e
August 23, 1976
Frederick County
Department of Planning and Development
Winchester,Virginia
Gentlemen:
This letter is in reguard to petition No. 019 76 of James B.. and C.
Frederick 41isecarver,, concerning 1.144 acres-, lots No.. 1, 16, 17, 18
fronting Shawnee Drive at intersection with Route 522, in Funkhouser Addition,
designated on tax map No.. 064B as No.. 04000001, 04000016, 04000017, 04000018..
The residence all property ownera of this community wish to ask that the
above mentioned property not be rezoned Business; General B-2 the property
is now-completely_surroned Residental R1 Limited all with dwellings,this
would be very unfair to us the Property Owners that have a lifetime yet to
pay for their homes-, and we feel this would be a very bad case of Spnt Zonin&
also please consider the very high accident rate on 522 south from Rt.- 50:to
Double Toll Gate,. any Buisness in this very congested area would only add an-
other burden.to: the traffic.flow.
We hope this petition will be considered very carefully„ and we are very
confident that -the Frederick County Planning And Zoning Commission will ack
in the better interest of our community..
Thank You
Property Owners of Funkhouser Addition and surrounding:property owners-..
sox Z
MOO
Amy
72
(D �{
./ a
��"'Y ✓ tire' i J '`J G" L'(/LL��
RECEIPT FOR CERTIFIED MAIL-30c
(plus
postage)
TO
POSTMARK
Cb
Jo�ln E. Cain
OR DATE
STREET AND NO.
00
Rt 1, Box 118
P.O., STATE AND ZIP CODE
CYO
CITY
OPTIONAL SERVICES FOR ADDITIONAL FEES
RETURN t. Shows to whom and date delivered ...........
15
RECEIPT With restricted delivery
2. Shows to whom, date and where delivered ..
Q
350
SERVICES With restricted delivery
850
RESTRICTED DELIVERY
50Q
SPECIAL DELIVERY (extro fee required) - - -- - -- -
Z
PS Form 3800 NO INSURANCE COVERAGE PROVIDED— (See other side)
1975
Aug. NOT FOR INTERNATIONAL MAIL
y".( GPO: 1975--0-591 -452
STICK POSTAGE STAMPS TO ARTICLE TO COVER POSTAGE (first class or airmail),
CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see front)
1. If you want this receipt postmarked, stick the gummed stub on the left portion of the address
side of the article, leaving the receipt attached, and present the article at a post office service
window or hand it to your rural carrier. (no extra charge)
2. If you do not want this receipt postmarked, stick the gummed stub on the left portion of
the address side of the article, date, detach and retain the receipt, and mail the article.
3. If you want a return receipt, write the certified -mail number and your name and address on
a return receipt card, Form 3811, and attach it to the back of the article by means of the
gummed ends. Endorse front of article RETURN RECEIPT REQUESTED.
4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee,
endorse RESTRICTED DELIVERY on the front of the article. Check the appropriate blocks in
Item 1 of the return receipt card.
5, Save this receipt and present it if you make inquiry.
SENDER: Complete item; I. -', and ;.
Add your address in the "RETURN TO" space on'k
reverse.
1. The following service is requested (check one).
® Show to whom and date delivered ............ 15f
Show to whom, date, & address of delivery.. 35e
RESTRICTED DELIVERY.
Show to whom and date delivered_____________ 630
RESTRICTED DELIVERY.
Show to whom, date, and address of deji 854
ve f
2. ARTICLE ADDRESSED TO:
John E. Cain
Rt 1, Box 118
Winchester, VA 22601
3. ARTICLE DESCRIPTION:
REGISTERED NO. CERTIFIED NO. INSURED NO.
334838
(Always obtain signature of addressee or agent)
I have received the article described above.
SIGNATURE ❑ A dressee ❑ Authorized agent
OF DELIVERY
kAU
POSTMARK
G 1 c.1976
5. ADDRESS (Complete only if requested)
6. UNABLE TO DELIVER BECAUSE:
CLERK'S
INITIALS
UNITED STATES POSTAL SERVICE :I
OFFICIAL BUSINESSNix ST ` �•��
f� PENALTY FOR PRIVAIF.,,
UX TO AVOID PAYMENT "'•
SENDER INSTRUCTIONS 2 AU 19 OF POSTAGE,
Print your name, address, and ZIP Code in the s belo * ?' S1r11R1
• Complete items 1, 2, and 3 on reverse si 06
• Moisten gummed ends and attach to back o artiGie.
RETURN
TO
RECEIVED AUG 2 0 1976
DEPARTMENT OF PLA'- :',a 8 DEVELOPMENT
9 COUt;T : QUARE
WINCHESTER, VA 22601
ZMAP 019-76 e
RECEIPT FOR CERTIFIED MAIL-30y (plus postage)
SENT TO POSTMARK '
J. H. Huff OR DATE
00 STREET AND NO. "Ij
d. 28 Oates Ave
Illy)
P.O., STATE AND ZIP CODE
Yt CITSL----
OPTIONAL SERVICES FOR ADDITIONAL FEES
RETURN / Shows to whom and date delivered�i6}
RECEIPT With restricted delivery 65C
2. Shows to whom, date and where delivered .. 350
SERVICES With restricted delivery 850
RESTRICTED DELIVERY__._______ Stu
Q SPECIAL DELIVERY (extra fee required) -
Zj PS Form 3800 NO INSURANCE COVERAGE PROVIDED— (See other side)
Aug. 1975 NOT FOR INTERNATIONAL MAIL
Y"f 6P0: 1975-0-591-452
STICK POSTAGE STAMPS TO ARTICLE TO COVER POSTAGE (first class or airmail),
CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see front)
1. If you want this receipt postmarked, stick the gummed stub on the left portion of the address
side of the article, leaving the receipt attached, and present the article at a post office service
window or hand it to your rural carrier. (no extra charge)
2. If you do not want this receipt postmarked, stick the gummed stub on the left portion of
the address side of the article, date, detach and retain the receipt, and mail the article.
3. If you want a return receipt, write the certified -mail number and your name and address on
a return receipt card, Form 3811, and attach it to the back of the article by means of the
gummed ends. Endorse front of article RETURN RECEIPT REQUESTED,
4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee,
endorse RESTRICTED DELIVERY on the front of the article. Check the appropriate blocks in
Item 1 of the return receipt card.
5.,- Save this receipt and present it if you make inquiry.
4
r
SENDER: Complete items I. '. and ;.
Add your address in the ''RETURN TO" space on
reverse.
1. The following service is requested (check one).
® Show to whom and date delivered ------------ 150
Show to whom, date, & address of delivery.. 350
RESTRICTED DELIVERY.
Show to whom and date delivered_____________ 650
RESTRICTED DELIVERY.
Show to whom, date, and address of delivery 850
2. ARTICLE ADDRESSED TO:
J. H. Huff
28 Oates Ave
Winchester, VA 22601_
3. ARTICLE DESCRIPTION:
REGISTERED NO. i CERTIFIED NO. INSURED NO.
33`f� 37
(Always obtain signature of addressee or agent)
I have received the article described above.
SIGNAT� Addressee ❑Authorize ent
4.
DATE Of_PELIVERY
PbSTMARK
i v
5. ADDRESS (Complete only if requested)
6. UNABLE TO DELIVER BECAUSE:
CLERK'S
INITIALS
GPO: 1975-0566- 1
UNITED STATES POSTAL SERVICE
OFFICIAL BUSINESS G`r'� ENALTY FOR PRIVAU
-- IS 1JS TO AVOID PAYMENT
SENDER INSTRUCTIONS 3 n j OF POSTAGE, $30T-I
Print your name, address, and ZIP Code in the spa belov)tj Ib
• Complete items 1, 2, and 3 on reverse sid
• Moisten gummed ends and attach to back of a cle.
I
RETURN
TO RECEIVED AUG 1 9 1976
DEPARTMENT OF PLA"MIN:. �',3' 6, D�`dEL0 F-MZgT
9 COURT SQiJARE
WINCHESTER, VA 22601
ZMAP 019-76 c
RECEIPT FOR CERTIFIED MAIL-30y-
(plus
postage)
3ENT TO
mes A. Ratcliff
POSTMARK
OR DATE
STREET AND NO.
Rt 1, Box 26
P.O., STATE AND ZIP CODE
M
CITY
OPTIONAL SERVICES FOR ADDITIONAL FEES
�-
RETURN 1 Shows to whom and dite ddelivered .........
RECEIPT With restricted delivery .
65Q
Y. Shows to whom, date and where delivered ..
350
1
SERVICES With restricted delivery
854
RESIRICTED DELIVERY
50Q
t,7
SPECIAL DELIVERY (extra fee required)---------
0
Z
PS Form 3800 NO INSURANCE COVERAGE PROVIDED—
1975
(See other side)
Aug. NOT FOR INTERNATIONAL MAIL
y'p Gf'O
1975 t , 591 4'.i.'
STICK POSTAGE STAMPS TO ARTICLE TO COVER POSTAGE (first class or airmail),
CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see front)
1. If you want this receipt postmarked, stick the gummed stub on the left portion of the address
side of the article, leaving the receipt attached, and present the article at a post office service
window or hand it to your rural carrier. (no extra charge)
2. If you do not want this receipt postmarked, stick the gummed stub on the left portion of
the address side of the article, date. detach and retain the receipt, and mail the article.
3. If you want a return receipt, write the certified -mail number and your name and address on
a return receipt card, Form 3811, and attach it to the back of the article by means of the
gummed ends. Endorse front of article RETURN RECEIPT REQUESTED.
4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee,
endorse RESTRICTED DELIVERY on the front of the article. Check the appropriate blocks in
Item 1 of the return receipt card.
5. lave this receipt and present it if you make inquiry.
SENDER: Complete items 1. 2. and ;.
Add your address in the ''RETURN TO —space on
reverse.
1. The following service is requested (check one).
® Show to whom and date delivered____________ 15f
Show to whom, date, & address of delivery.. 350
❑ RESTRIC:TED DELIVERY.
Show to whom and date delivered_____________ 65(
❑ RESTRICTED DELIVERY.
Show to whom, date, and address of deliver} 850
2. ARTICLE ADDRESSED TO:
James A. Ratcliff
Rt 1, Box 26
Winchester. VA 22601
3. ARTICLE DESCRIPTION:
REGISTERED NO. CERTIFIED NO. INSURED NO.
I
(Always obtain signature of addressee or agent)
I have received the article described above.
SIGNATURE ❑ Addressee ❑ Authorized agent
4.
O FDELI ERY /
POSTMARK
i
5. ADDRESS (Complete only if requested)
6. UNABLE TO DELIVER BECAUSE:
CLERK'S t
INITIALS
i7 GPO-1975-0-568-•, .
UNITED STATES POSTAL SERVICE
OFFICIAL BUSINESS PENALTY FOR PRIVATE
USE TO AVOID PAYMENT
SENDER INSTRUCTIONS OF POSTAGE, $300
!S&MPrint your name, address, and ZIP Code in the space below.
• Complete items 1, 2, and 3 on reverse side.
• Moisten gummed ends and attach to back of article.
RETURN
TO
RECEIVED AUS 1 9 1976
DEPARTMENT Or PLAIN QUA -1 D'-'�ELO"ivirNT
9 COU
WINCHESTER, VA 22601
ZMAP 019-76 b
RECEIPT FOR CERTIFIED MAIL-30t;
(plus postage)
SENT TO
POSTMARK
OR DATE
Donald Foluer
�
00
STREET AND N0.
�-
-1,--Box-4-0A
P.O., STATE AND ZIP CODE
GITYM OPTIONAL SERVICES fOR ADDITIONAL FEES
'
RETURN 1. Shows to whom and date delivered ...........
With restricted delivery
\
RECEIPT 2. Shows to whom, date and where delivered
SERVICES With restricted delivery
85Q
b-,
RESTRICTED DELIVERY
50Q
v
SPECIAL DELIVERY (extra fee required) -
Z
PS Form 3800 NO INSURANCE COVERAGE PROVIDED—
(See other side)
Aug. 1975 NOT FOR INTERNATIONAL MAIL
{} GPO: 1975-0-591-452
STICK POSTAGE STAMPS TO ARTICLE TO COVER POSTAGE (first class or airmail),
CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see front)
1. If you want this receipt postmarked, stick the gummed stub on the left portion of the address
side of the article, leaving the receipt attached, and present the article at a post office service
window or hand it to your rural carrier. (no extra charge)
2. If you do not want this receipt postmarked, stick the gummed stub on the left portion of
the address side of the article, date. detach and retain the receipt, and mail the article.
3. If you want a return receipt, write the certified -mail number and your name and address on
a return receipt card, Form 3811, and attach it to the back of the article by means of the
gummed ends. Endorse front of article RETURN RECEIPT REQUESTED.
4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee,
endorse RESTRICTED DELIVERY on the front of the article. Check the appropriate blocks in
Item 1 of the return receipt card.
5. Save this receipt and present it if you make inquiry.
SENDER: Complete items 1. -', and ;.
Add your address in the ''RETURN TO'' space on
reverse.
1. The following service is requested (check one).
a] Show to whom and date delivered ------------ 150
Show to whom, date, & address of delivery.. 350
RESTRICTED DELIVERY.
Show to whom and date delivered_____________ 650
❑ RESTRICTED DELIVERY.
Show to whom, date, and address of delivery 854
2. ARTICLE ADDRESSED TO:
Donald Foluer
Rt 1, Box 40A
Winchester, VA 22601
3. ARTICLE DESCRIPTION:
REGISTERED NO. CERTIFIED NO. INSURED NO.
i i
(Always obtain signature of addressee or agent)
I have received the article described above.
❑ Addressee ❑ Authorized agent
kSIGNATURE
TE DE ERY
POSTMARK
.RESS (Complete only if requested)
6. UNABLE TO DELIVER BECAUSE:
i
CLERK'S
INITIALS
* GPO: 1975-0-568-U :
UNITED STATES POSTAL SERVICE
OFFICIAL BUSINESS PENALTY FOR PRIVATE +
USE TO AVOID PAYMENT
SENDER INSTRUCTIONS OF POSTAGE, $300
Print your name, address, and ZIP Code in the space below. Ve
Complete items 1, 2, and 3 on reverse side.
• Moisten gummed ends and attach to back of article.
RETURN
TO
RECEIVED AUG 1 9 1976
DEPARTMENT OF PLA``N``.G 6, D'-7VELC ZNT
9 COUNT :-QUARE
WINCHESTER, VA 22601
t ZMAP 019-76 a
RECEIPT FOR CERTIFIED MAIL-300 (plus postage)
1
SENT TO
POSTMARK
Melvin F. Spitler
OR DATE
\
STREET AND NO.00
Rt 1, Box174
C-\\
0`
P.O., STATE AND ZIP CODE
CITY
OPTIONAL SERVICES FOR ADDITIONAL FEES
RETURN I. Shows to whom and date delivered .........
RECEIPT With restricted delivery
15
2. Shows to whom, date and where delivered ..
35Q
V`c\
SERVICES With restricted delivery
85Q
RESTRICTED DELIVERY
504t
Q
SPECIAL DELIVERY (extra Fee required - -
`��
PS Form 3800 NO INSURANCE COVERAGE PROVIDED—
Aug.
(See other side)
1975 NOT FOR INTERNATIONAL MAIL
, GPO, 1975--0-591-452
STICK POSTAGE STAMPS TO ARTICLE TO COVER POSTAGE (first class or airmail),
CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see front)
1. If you want this receipt postmarked, stick the gummed stub on the left portion of the address
side of the article, leaving the receipt attached, and present the article at a post office service
window or hand it to your rural carrier. (no extra charge)
2. If you do not want this receipt postmarked, stick the gummed stub on the left portion of
the address side of the article, date, detach and retain the receipt, and mail the article.
3. If you want a return receipt, write the certified -mail number and your name and address on
a return receipt card, Form 3811, and attach it to the back of the article by means of the
gummed ends. Endorse front of article RETURN RECEIPT REQUESTED.
4, If you want delivery restricted to the addressee, or to an authorized agent of the addressee,
endorse RESTRICTED DELIVERY on the front of the article. Check the appropriate blocks in
1 Item 1 of the return receipt card.
5; Save this receipt and present it if you make inquiry.
F
SENDER: Complete items 1. 2, and i.
Add your address in the "RETURN TO" space on
reverse.
1. The following service is requested (check one).
® Show to whom and date delivered ............ 150
Show to whom, date, & address of delivery.. 350
RESTRICTED DELIVERY.
Show to whom and date delivered_____________ 65f
RESTRICTED DELIVERY.
Show to whom, date, and address of delivery 850
2. ARTICLE ADDRESSED TO:
Melvin F. Spitler
Rt 1, Box 174
Winchester, VA 22601
3. ARTICLE DESCRIPTION:
REGISTERED NO. CERTIFIED NO. INSURED NO.
334834
(Always obtain signature of addressee or agent)
I have received the article described above.
SIGNATURE ❑ Addressee ❑ Authorized agent
r
4.
DAIr DELI RY
POSTMARK
5. AD ESS (Complete only if requested)
6. UNABLE TO DELIVER BECAUSE:
CLERK'S
INITIALS
* GPO: 1975-0-568-0 s
UNITED STATES POSTAL SERVICE
OFFICIAL BUSINESS
SENDER INSTRUCTIONS
Print your name, address, and ZIP Code in the space below.
• Complete items 1, 2, and 3 on reverse side.
• Moisten gummed ends and attach to back of article.
RETURN
TO
PENALTY FOR PRIVATE
USE TO AVOID PAYMENT
OF POSTAGE, $300
RECEIVED AUG 1 9 1976
DEPARTMENT OF PL^,'' ''�'i'a "J DEVELOPMENT
9 COUNT SQUARE
WINCHESTER, VA 22601
00
M
C5
z
ZMAP 019-76
RECEIPT FOR CERTIFIED MAIL-304- (plus postage)
SENT TO POSTMARK
James E. Wisecarver OR DATE
STREET AND NO.
Rt 1, Box 467
P.O., STATE AND ZIP CODE
Winchester.-
6 OPTIONAL SERVICES FOR ADDITIONAL FEES
RETURN 1. Shows to whom and date delivered ......... 15
RECEIPT With restricted delivery _ . 0
2. Shows to whom, date and where delivered .. 350
SERVICES With restricted delivery 850
__ES RTRICTED DELIVERY 50C
SPECIAL DELIVERY (extra fee required)
PS Form 3800 NO INSURANCE COVERAGE PROVIDED —
Aug. 1975 NOT FOR INTERNATIONAL MAIL
(See other side)
1'Y GPO: 1975-0-591-452
STICK POSTAGE STAMPS TO ARTICLE TO COVER POSTAGE (first class or airmail),
CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see front)
1. If you want this receipt postmarked, stick the gummed stub on the left portion of the address
side of the article, leaving the receipt attached, and present the article at a post office service
window or hand it to your rural carrier. (no extra charge)
2. If you do not want this receipt postmarked, stick the gummed stub on the left portion of
the address side of the article, date, detach and retain the receipt, and mail the article.
3. If you want a return receipt, write the certified -mail number and your name and address on
a return receipt card, Form 3811, and attach it to the back of the article by means of the
gummed ends. Endorse front of article RETURN RECEIPT REQUESTED.
4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee,
endorse RESTRICTED DELIVERY on the front of the article. Check the appropriate blocks in
Item 1 of the return receipt card.
5: Save this receipt and present it if you make inquiry.
SENDER: Complete item; 1, -', and
Add your address in the "RETURN TO" space c,o
reverse.
1. The following service is requested (check one).
XXRkShow to whom and date delivered ------------ 150
Show to whom, date, & address of delivery.. 354c
RESTRICTED DELIVERY.
Show to whom and date delivered_____________ 654
RESTRICTED DELIVERY.
Show to whom, date, and address of deliver} 85Q
2. ARTICLE ADDRESSED TO:
James E. Wisecarver
Rt 1, Box 467
Winchester, VA 22601
3. ARTICLE DESCRIPTION:
REGISTERED NO. CERTIFIED NO. INSURED NO.
334833
I
(Always obtain signature of addressee or agent)
I have received the article described above.
SIGNAT ❑ Addressee ❑ Authorized agent
/
4. z � "."
DAT F DELIVERY
PO MARK
5. ADp ESS (Complete only it requested)
6. UNABLE TO DELIVER BECAUSE:
CLERK'S
INITIALS
y GPO: 1975-0-568-u
UNITED STATES POSTAL SERVICE
OFFICIAL BUSINESS
PENALTY FOR PRIVATE
USE TO AVOID PAYMENT
SENDER INSTRUCTIONS OF POSTAGE, $300
Print your name, address, and ZIP Code in the space below. tL&MAIE
• Complete items 1, 2, and 3 on reverse side.
• Moisten gummed ends and attach to back of article.
RETURN J[
To ' RECEIVED AU6 1 9 1976
,t DEVELOPMENT
DEPARTMENT OF PLAT `Q` �.
g COUIV , 2
VV►NCHFSTER► VA 22601
cy')
i�
a"3
C
z
r, ZMAP 019-76
RECEIPT FOR CERTIFIED MAIL-304 (plus postage)
SENT TO POSTMARK
Benjamin M. Butler, Esq. I
OR DATE
STREET AND NO.
11 S. Cameron St.
P.O., STATE AND ZIP CODE
OPTIONAL SERVICES FOR ADDITIONAL FEES
RETURN I. Shows to whom and date delivered ........... 15
RECEIPT With restricted delivery .
2. Shows to whom, date and where delivered .. 350
SERVICES With restricted delivery 850
RESTRICTED_ DELIVERY 5u
SPECIAL DELIVERY (extra fee required)
PS Form 3800 NO INSURANCE COVERAGE PROVIDED —
Aug. 1975 NOT FOR INTERNATIONAL MAIL
(See other side)
it GPO: 1975 <, 5,j1 d5:
STICK POSTAGE STAMPS TO ARTICLE TO COVER POSTAGE (first class or airmail),
CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see front)
1. If you want this receipt postmarked, stick the gummed stub on the left portion of the address
side of the article, leaving the receipt attached, and present the article at a post office service
window or hand it to your rural carrier. Inc extra charge)
2. If you do not want this receipt postmarked, stick the gummed stub on the left portion of
the address side of the article, date. detach and retain the receipt, and mail the article.
3. If you want a return receipt, write the certified -mail number and your name and address on
a return receipt card, Form 3811, and attach it to the back of the article by means of the
gummed ends. Endorse front of article RETURN RECEIPT REQUESTED.
4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee,
endorse RESTRICTED DELIVERY on the front of the article. Check the appropriate blocks in
Item 1 of the return receipt card.
9 Save this receipt and present it if you make inquiry.
R
SENDER: Complete items 1. 2, and i.
Add your address in the ''RETURN TO'' spacen
reverse.
1. The following service is requested (check one) .
Show to whom and date delivered ............ 150
Show to whom, date, & address of delivery.- 354
RESTRICTED DELIVERY.
Show to whom and date delivered------------- 650
RESTRICTED DELIVERY.
Show to whom, date, and address of delivery 854
2. ARTICLE ADDRESSED TO:
Benjamin M. Butler, Esquire
11 S. Cameron St.
Winchester, VA 22601
3. ARTICLE DESCRIPTION:
REGISTERED NO. CERTIFIED NO. INSURED NO.
334832
I
(Always obtaln signature of addressee or agent)
I have received the article described above? 2 +.
SIGNATURE ❑ Addressee ❑ Authorized ageW*
�L �7 Ir �-Z-
4.
DATE OF LIVERY POSTMARK
AUG 1' R 1976
5. ADDRESS (Complete only if requested)
6. UNABLE TO DELIVER BECAUSE: f
CLERK'S
I
INITIALS
i; GPO: 1975-0-568-)''
UNITED STATES POSTAL SERVICE
OFFICIAL BUSINESS
SENDER INSTRUCTIONS
Print your name, address, and ZIP Code in the space below.
• Complete items 1, 2, and 3 on reverse side.
• Moisten gummed ends and attach to back of article.
RETURN
TO
PENALTY FOR PRIVATE
USE TO AVOID PAYMENT
OF POSTAGE, $300
RECEIVED AUu 1 9 1976
DEPARTMENT QE PL.A":''::' 61 DEVELCPNI-ELN
9 COU,:T- : QUARE
WINCHESTER, VA 22601
v
f
N
b,
1
Ih
FUtiKHOUSER ADDITION - FRONT IRJYAL ROAD - U. S. i'20= 922 - +kkett15; h_AW MEe
+
G4ygC DISTRICT, FREDE RICK COUP!TY, VIRGIA:IA s (4�464
Lot 1 (Less Eastern Iortion conveyed to The Commonwealthof Virginia - Deed Book 229 Page 423) conveyed to MyrtleI.. Wisecarver by Deed dated 23 October 1946 in Deed Book F 198 Page 70 --- Lot 16 conveyed to C. W. Wisecarver by Deed dated 18 October 1943 in Deed Book 188 Page 80 ANDLots 17 & 18 conveyed to C. .r. Wisecarver by Deed dated 4June 1941 in Deed Book 183 Page 46. +`
Containing - - 1.144 Acres.
Surveyed - - - July 9, 1976.
'
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flat atiacted thereto, reference is hereby made for a more par
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hereof.
Witness the following signatures and sea!2.
W. FORD LUirfrj,:I:?�
1ARGARET LU'ITREL-Li (,S T
BURRELL Li1T! BELL (U'-'fn )
STATE OF VIRGII',i IA,
COITTNTY OF FREDERICK, to -grit:
I. Virginia L. Davis, a Notary Public, yr, an'd for the CormtY
of Frederick, in the State of Virginia, do hereby certify that 'q.Y. Ford Lutt11N
{
Margaret Luttrell, his wife, and Burrell Luttrell, whose .r.nmcs am s, MA:r� to *
foregoing writing, bearing date the 5th day of July, 1941, personallv upuev:red be; oi,t,
4,1 me and aelcnovrledged the. same in my county and state aforesaid.
; Mly commission expires December 13th., 19,414.
Given under my hand this 5th day of J�al yr., l�4
VIRGILIA L. DA"v
oaryxv i
- V1i`-IA
FREDERICK COUTITY SCTo
.i
E This Instrument of writing tiaras pro��,,cel �o mec�:� +mitt, �:;:, uz;
of July 1941 at 2:35 P.Y. and vUith certificate of ac�:no�rI,dgmez�t ije, F� cc, a�a�: x�
war a? -ma t ted to record.
M1. Y
s 'y♦`1..{'S�ii..i n ...i s .♦ i♦� .i •i �"� .i .�"Ci+�"�ii S.i .t'y:T i'i�i :: ii
.tl4 l 0
yy SALLIE V. FUIdKHOUSEP.I. ET AIL
TO DEED 41-
C. W. WISECARIrER ;:
t . v♦� . v >»� vim,. • ♦ G: v as e4• :?4�:.�Gi=.
iC�: �i .. .£'%♦"�: �e .�i'�e'?. n'�:ii iC7�'iiii") C"K'7,"n':n .0 ii'i♦ ♦ ♦
THIS DEED made and dated this 7th day of 'Nney
Sallie,V. Furk%uouser (vildow); Ozias T. Funkhouser and J'Aary Funl.houser, his "ilL.1,',
t „thel L. Slifer and 17alter Slifer, her husband and J. M. Funkhot.ser ar, zl J-e�z i
` Funkliouscr, his tivife, all heirs -at -law of the late P. TA. Funkhouser, rarcies o:f' tl)e
first part and C. W. Wisecarver, party of the second part;.
WIT1ZSSETH. That the parties of tho first par; in con
.of the purchase price of rive Hundred and Sixty -.five Dollars:,, of ,,i1J cis
(1/4) has been paid in cash and the balance is evidonced by
z)oney bonds as .hereinafter sot forth, do hereby grant anti
oz Title, unto the said C. W. Wisecarver, his holes and
following unimproved lots of land, located in "Funkhouser A(adi U W1
F.red(-,rice-, Virr-,.ni_a abmit two (2) miles ''oath of the Cii:v of
o' tf'o Front Ro;raJ. Road, kno m as Eoute 1r;;22 and mlich lints
Y", 31t_ 315 36 still 37 aril 33 on a Plat of. said
attached and made a part of this Deed of conveyance. This is a rar t of -L"he
of 7-,, ch the late P. M. Funkhouser died, seized and possessed.
Of the purchase money one-fourth (1/4) has been paid. b�--tcl e tl,e
'delivery of this Deed, the receipt of v.hich is hereby acknoyrled eJ, arld the "c al : t.,
is evidenced by the three (3) deferred purchase money bonds in egiial am.ourts, r :;gable
rAsrecti�aly in six (6}, twelve (12) and eithteen (18) months from this date, boaAing s
interest from date at the rate of Six Per Cent (6 0) per anni,m, payable se ii-ar,„ la'.Iy
.and their payment secured by a Deod of Trust of even date herevFlth. �
x
This conveyance is made, hovrover, subject to the fol_?owiZncc f
restrictions, which are constituted covenants real running with
1. This property is sold to be used for residential pri--po,as s
only.
2. No buildings shall be erected on a-ny of. "s aid Lots roarer Uhen
Thirty-five (35) feet to the. Street upon which it front., nor near.,: t' an ..eri 110'
to any side Strut.
3. No buildings shall be erected on any of said lots to cost less
tl:.an Two Thlousand Dollars ($2000.00).
#
4. No noxious' or offensive trade or activity shall bs
on upon any of said lots which may prove to bo an annny�nce or nui: nco to tII"e
i.
noighborhood and the same shall be owned or occiipied by none other than th(, Vi12itc; rA C e.
Said parties of the first part covenant VAt they have a r-ht.
to convey said property; that the s aIre is free from all liens and encuml-rancF:-s an
;that they will forever warrant and defend the titlo thereto.
Witness the following signatures and sea -Is t.r:is date f it s � a, 0-0 1
i,.ritten:
' � Si'"i:7 Ii'i�.i•^.='}�'�.`;C'v"�.y:'S<'Yi'i: iS :�ii�' .
OZI!f r
f i.S T.
• R.F.VI;'N _rE S TA2. e
$1.00 u IJ.Ai Y Flii�iaii)l SEER i, ' ..'T:.
Cannelled �_. .
r
STATE OF VIR.GIM
COUNTY OF FREDr_,, ICK To-oiit:-
I, Katherine Slaughter a 1 otary Public !n ax: L f ol 1.I1e
Fred -;rick, State of yirginia, hereby certify that Sali.i-r,• V.
b
T. Funlldio sp ,
and Mary Funkhouser, his
wife; Et�el
.1..:. Siifor
ar,,3 "'n3.;i C,2'
l i � _�'sl,
husband and J.
1,11. Funkhouser and Arlean
Funkhoiiser,
hi a
�.-__'e,
%'1c',�,' r__..
are
to the foregoing writing, begring dato on the rth day of June, 19,111,
acknowledred the same before me in my County and. Stato aforeq,nict., an,,� i
certify that my Commission as Notary Public expires January ulst
Given under my hand this 5th day of Ju?_v, 194L
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jbetTIen
i«ary L. Lockhart, Zxtx. of
'I'hic
deed r a de and cia te(i
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"t,;_ o_ `; c .-. • -- -
J.
::. Lockhart, deed,,
' ar-
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I::. T e _'.,^.r i.-I ..0,1 ;
riLht, -and 'Vary Katherine Lcckhart beinC rarties off' 0,e `'irUt
! y
}belart` of the second cart.
,"TIT ESSETH: That the, said
,nd in consideration af the mourn. of Two. hundred 00.0,,
Ireceirt v.� ereof is herewith aekno:vleem-ed, do herou, .° u— vwij
fd,coarver all of the following unimproved lot or Aarcej of 1,-zi G i..;-I un`chru>Fr, d w:t�rri
in Ere-reck Uounty, bra. on the ..est side o r tho Ii 'r �a �r ^�d rout i r�. al T'C��G�r,
> > ncieU�
j s a c .' 11 fi n • t1 r
j�.��iate;d u� Lat tio. IG in said �trnl�hou�er Addition" a plat o�.
tiie �'olan ty (ler �'s Office of •'rederl ck nounty, `J,. , in Deed 11'001. 183, -1,5 j PC+11
�!
!one hundred fifty (I50} feet on the ldorth side of Shay.�ee give _ :s. car -ii, on ?ts s
17,
piestern Boundary 0f 01Ie h1.ln6reo ninetJ eif~nt (198) feet c,.n(.i S G).S.,ch,i.�,.., �...t�`.i:•i;::J JYL thFI'I1
�Loun,yary of sixty.,(60) icet, beinm part of the reality which was conve-ed to Lori
chart by deed bearing (19 to June 7, I94I from Sallie V. Fitnkhortiser ;:', c d:ec' is ,f raoc;>;;
4
jin i-^e aforementioned Clerk's Office in Deed %ooi: ISS, flame 56,
realty of J. N. LocEnart, late of lrederick County, va., dS. c?_, se: sst:s8- '(
`ec11 the will o" said decedent having; been r robe,ted in t;i Coim t:,-
E
?Bede. i ck County, raja , on the I9 th day of Au ;�r s t, i3'r', "i n . - ai
i ,a t ^^ j '^ 7 'ill , r '1 Ce 4 17 to all t r' 1 a. ') ` 0 n t.
» �• r n r r � » r+ r•r r r� � nr s 'a
! ✓le. k s 0__ ce i., ,. wool. 5e, r �. , ,e ;. a,:,.,_ s here ,J ,. .,:�. �t,l..•.tf.u,
E ro rerence is here -W-i th civen.'~
Said l.`ary L ~ Lo cklrar l and ::ury r�t�, i.i;er i Lr, c', rt t
j covenant t:.at they, have a right to coney said realty to said r-nartt Fly,
sllall. have _culet possession of the 53IP.e ; that t}icy ' ave (on- no ` � ' sd i
rz-Ity; and that they will execute such Further assurances re«'t
regnisite.
Yr.'
to—.vit :
.0itnese
b .ir'L `r
xsitX. 0
.•� - T r,
l;in�st Tr t r
I, Betty I arrest, a :notary Fi;b1 *c
and S,.a to aforesaid do hereby cecti i'y t', at ,' ^�:?:�_' "; . . •
j
Lcck;hart, c ec'd., Yary L. Lockhart, in 'tier oval ri"�'rt, l - i•:- i:a
It s e rn s o f r- { r. .-. T n�' r
.,Blau na.-.eJ are u� ned to the T _ ..ore:.oln�-, �:rltin�; c�e�.I a.n. ��,.te �',. �n � .�_:y _.., � � _ :, •,.. ;
,
eaed b
;e o re me and acknoiT,ledged t't-,e sarne in ray county am,".,t.•'�c> «'� ^�t'.i:i-,
f l.'y cormiissi.on e):nires on t.._ T:;�', �r Ju~;;,, T; ?:�•
Given under my hand Ili is ?i,l:
-;? T'e,, ` to Route .50, and none to cost less than Thirty Five Hundred ('3500.00) Dollars.
A driveway 25 feet wide extending along and iT.,me diatelr
�.
�'Gu'-C ,'-50 over this lot, is reserved, for the use of all lot ownero in said
.:aid -^a»ties of the first part covenant that they havr,
tc, �,:,,, C, c r: A.ro' erty; tl:at the same is free from. all liens and encumbrunces,
y7i't'`rk:'r warrant and defend the title thereto. ;
Witness the following signatures and seals this dare above
FR11K S. ',`ILLER (�.�L
2111A J. i.'IL,LER ("r:°.iJ )
��& ( C�s/+o
1, ;,,t; t'._;.ii;e, a i�otalJy i)iblic in and for the County of Frederick, State of
do that Frederick, State of Virginia, do hereby certify ta.t
J. Miller) his wife, vil"lose names are signed to the foregoing
,,z=t`i,lj.` t;e;�»ir.; d<�Ge on the 21st day of October, 1J46, have personally appeared before;
r ,: �,;� ; er;n ""' Cau 7e � t'.�e : �� c in my Coun*y and State aforesaid.
bly commission expires July 10, 1950.
Given under my hand this 22nd day of October, 194f:.
KATHLEEN R. KLME
ary t 1c -_
'� rt ,� -••�-j 'tr '}"'r ;'fir T
This instrument of writing was produced to ine or, the 25tYl
r
Y. and zri_th certificate of acknowledgment thereto art'lexed
Y
TAT
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This Deed made and
dated this 23rd day of October, 1946,
_3i .lol ,a_n
� . c-� �
rd E. S.
a._
Nicholson,
her husband, being parties of the ri.rsr.
eta `�-Jt, a Y�o �`iseca, ver,
being*
party of the second part.
J
1
'.Yitn,esseth: That the said parties of the first part, 41"' T
ol ,lle sum of Three Hundred (1$300.00) Dollars, cash in hatad,Ia , a:
t. IS r}.nl:�C'V7, .th acknonrle acre d, do hereby grant and convey, with, general
u_ to the said 1.i;Trtle IT. Wisecarver, all that certain lot or rarcel.
s. tu,-..t , in Precierick County, Virginia, in ri:at is rn 1:
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located about; fl-ro Irzles South of V:incliester •aloll�; the t,t.s ,i� f
1
i
>,_tr a..d front Poyal load, and is designated as "Lot i o. 1" on the plat f
1'*_'.��; �za.1?:i c�, :'rich flat is of record in the County Clerk's Office of Frederick
Ble 185 pa-c -18. This lot has a frontage on said "Id ncheste1
LLrs, �'r;;;�t :;c, -a1 i�i�=,l�-ay of si::ty (CO) feet and is located on the north side o � :al.:? e
t.
Ca fifty (150) feet on said Drive with a depth on its Norther.,
c hu11dre� seven four (174) feet, being the salve realty which was Contire,,r
',��, h bearing date June 5 1943 from J.runl':hc'aserg
t._c s�. r:___.. �.�. �� laic olson by deed n , ,
�t.;,r:�;, ,act for^.Zlie V. Pun'�houser, in ��rhich deed there are certain restrlctions and
t'ils (;.eed is made subject to all restrictions ana reservations contui".��?.
A'z.nc,otaser to 'lie said Elizabeth Nicholson above mentioned, to i7hie1�
ci r : w�_ ��'a_�e :F:n'-; :�ned plat of Funkhouser addition a reference is herewith given
i cular• de:scl=ip tion of the realty hereinabove described and conveyed. s
Said parties of the first part covenant that they have
�Y _�a" ,a rf;alty ,,o. Said grantee • that said grantee shall hlw� e quiet pos- y .�
ry_; oi' t :� e 3:):.:e; tti of t'tie j huve- done no act to encumber said realty; ma that tr^f
a ,i_ minces o�: said i ealty as may be requ site.
t
LLIZ 4BE'Tii Ir ICHOLSON (: __' '_L I
- L . S . rrTCT�o"soN
I, Dorothy G. Barrett, a Notary Public in and for the
°oresaid, do hereby certify that Elizabeth Nicholson and E. S. Nichol
-�` names are signed to the foregoing zmiting, bearing date October F
;. _�:�: E.-)T+eared and acknowledged the same before me in r...y State aia Coun"A
'1�- colrmission expires on the 28th day of July, 1949.
G, Oren under my hand this 23rd day of October, 1946.
DO?OTITY G. BARiETT _
r—rotary uo i c
This instrument of writing was produced t^ me on Lhe
'T, and Frith certi fi.caze of acknwuled-pent thereto anuexed
1 S a
Zoning Amendment No. 11�' I 9 7� Application Date July 12, 1976
APPLICATION FOR REZONING . . . . . . . . . . . . . . . . . . . . COUNTY OF FREDERICK, VIRGINIA
TO THE PLANNING COMMISSION AND BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA .
I (WE), THE UNDERSIGNED, DO HEREBY RESPECTFULLY MAKE APPLICATION AND PETITION THE GOVERNING
BODY TO AMEND THE ZONING ORDINANCE AND TO CHANGE THE ZONING MAP OF COUNTY OF FREDERICK,
VIRGINIA AS HEREINAFTER REQUESTED, AND IN SUPPORT OF THIS APPLICATION, THE FOLLOWING FACTS
ARE SHOWN:
1. The property sought to be rezoned is located Rt. 522 South, Approximately 2 miles
South of City of Winchester.
It has a frontage of 76.64 feet and a depth of 370 feet and consists of 1.144 acres.
James E. Wisecarver
2. The property sought to be rezoned is owned by C. Frederick Wisecarver
dx B Intestate succession from Wisecarver
Y recorded in Book
Page Registry of County of
(See attached Copy) 04000001
04000016
This property is designated as Parcel No.04000017 on Tax Map No. 064B
04000018
(Note: Numbers may be obtained from the Office of Commissioner of Revenue.)
3. It is desired and requested that the foregoing property be rezoned:
FROM .R-1 TO B-2
4. It is proposed that the property will be put to the following use:
Antique Shop - with retail sales
5. It is proposed that the following buildings will be constructed:
6 0' X 80' Block Building
Sebtic and water available
6. The following are all of the individuals, firms, or corporations owning property adjacent
to both sides and rear, and the property in front of (across street from) the property sought
to be rezoned:
(Use additional pages if necessary.)
NAME
Numbers
COMPLETE MAILING ADDRESS
(Street, Route, Box, Etc. NOS.)
PARCEL
TAX MAP
a Melvin F. Spitler
North
064B
Rt. 1, Box 17 OA0000081
Winchester, Virginia 22601
b anal Foluer
South
Rt. 1 Box 40A
Winchester Virginia 22601
c James A. Ratcliff
South
064B
Rt. 1, Box 2 04000033
Winchester Virginia 22601
d
e J. H. Huff
West
064B
28 Oates Avenue 04000020
Winchester, Virginia
f John E. Cain
East
064D
Rt. 1 Box 118 OA0000017
Winchester, Virginia 22601
g
i
---------------- -.._j ,,.... —......., i-11 a.ALc VLL1lrC vL tie %-U1EUu1551oner or xevenue. )
7. The following information is attached to support this application Deeds Attached
(Use additional pages if necessary.)
8. (a) Attached is a copy of a LOCATION MAP ..... SCALED 1" = 2,000'
(b) Attached is a sketch showing proposed and/or existing structu es on roperty with
measurements to all property lines.
SIGNATURE OF APPLICANT: A /-,*0
. T ERMAILING ADDRESS OF APPLICANT:
(Complete with Route, Street,4,cN=JJTAMIN
KEEand BUTLER
Box, Etc. NUMBERS.) S. Cameron Street, Winchester, VA 22601
f.o.r. o.f.f.i.c.e u.s.e o.n.l.y
PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date)
Approval 54 Denial SECRETARY (signed)
Due to the area's general complexion and the objection to spot zoning.
BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date)
Approval F-1 Denial COUNTY ADMIN. (signed)
W c.i_HDMW�J 10- 13--74 RE► EIz 76 A —11 Acife-b, �, T�
M
,AND via_ 7(e
llp� IV
August 23, 1976
Frederick County
Department of Planning and Development
Winchester, Virginia
Gentlemen:
This letter is in reguard to petition No. 019 76 of James 3,. and C.
Frederick 1secarver., concerning 1.1nd acres, Sots }o. 11, 16, 17, 18
fronting Shawnee Drive at intersection with Route 522, in Fzinkhouser Addition,
designated an tax map No.. 064E as No., 04000001, 04000016, 04000017.. 04000018.
The residence all property owners of this community wish to ask that the
above mentioned property not be rezoned Business, General B-2 the property
is now completely surroned Resident -al R1 Limited all with dwellings this
would be very unfair to us the Property Owners that have a lifetime yet to
pay for their homes, and we feel this would-be a very bad case of Spot Zoning
also please consider the very high accident rate on 522 south from Rt. 50 to
Double Tor1;l Gate,. any Buisness in this very congested area would only add an-
other burden to the traffic flow.
We hope this petition will be considered very carefully, and we are very
confident that the .Frederick County Planning And Zoning Commission will ack
in the better interest of our conmunity..
Thank You
Property Owners of Funkhouser Addition and surrounding property owners,
c J
c