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HomeMy WebLinkAbout008-81 Mary L. & Salvatore A. Rao - Back Creek District - Backfilerr � I 120.�'TO FVNK'S —40' DKIVEWAY 0 2 S' so' 7 s' 100' SCALE I N rf 3• 0 Q 2 4� 4 i BOOK 0 AGE�tifl I U.S. HIGHWAY NO. 11 2 : 1 N 230 30' 289.0 _. q 0 I 0 � I . o W LA:;O OF E.C. 1,"u p6o� 2.01j Acres Y j h k 3 S 230 30 W 280.0 FUNK above tract of land, located on the East sici3 of U.S. Highway No. &0out 1 mile ':orth of :.t� phens lity, and situate in Opequon r;�eisL�:ria: : i:trict, Frederick County, Virginia, is bounded its follow! at (11 an iron per on the East side of U.S. highway No. 11, sai,'. roint being 12L feet Northeast of Funk's 40 ft. driveway, and corner t:; the ;and of Bryan; thence with. the East side of U.S. Highway No. 11 N `3 rlep- 36 min. E 28G.0 fe,?t to (2) an iron peg a corner to Funk; .with Funk for the following 2 courses S 5U dog. 3U ruin. E 33G.G feet to (3) an iron peg; thence S 23 deg. 30 min. W 280.0 feet to f l) on iron peg a corner to 'Rryuri; thence with Hryan N 5G deg. 30 min. 33-.0 feet to the point of beginning, containing 2.U4 Acres r- o r e or 1--!Ss. Q' Richard U . Goode, Certified Surve:yorg April 28, 1965- ^aGmA FREDERICK COlN", SCT. 6G74 This kw" nwe of wrltbp was produced to m* an — ay of —/� • y If ac 11 tr•b onno �d dngtted RF-C -R/E 7 NOV 2 3 1981 • C7 ZoY ing Amendment No. Application Date , APPLICATION FOR REZONING _ COUNTY OF .FRr.DERICr_VIiZ•,-IIIIA TO THE PLANNING CO;',*1ISSION AND BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGItIIA I (WE), THE UNDERSIGNED, DO HEREBY RESPECTFULLY !-TAKE APPLICATION AND PETITION THE GOVERNI:;G 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 SH0NN 1. The property sought to be rezoned is located f 5,;11, It has a frontage of ;2 j o feet and a depth of 3(J feet and consists of a�.Df�: acres.: 2. The property sought to be rezoned is owned by as evidenced by deed from , iQxe Co o,>J recorded ,in ;Book Page 7j / Registry of County of This property is designated as Parcel No. p� 9 on Tax Map No. (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/ % TO �. 4. It is proposed that the property will be put to the following use: Alp P 5. It is proposed that the following buildings will be constructed: -- A/0A1r ;. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear, and tha'property in front of (across street from) the property sought to be rezoned- (Use additional pages if necessary.) NAIIE NL uWD_-rS CO%IPLETE MAILING ADDRESS (Street, Route, Bo;�, Etc. NOS.) PEA' TtlX MAP 5 30 t 2. e.fi a 1•:e� �� � '�r'���C��c 7 c 1 I- % a-$ 1 0 0 Ho e (v '? 4,N) 25 Qa ki 00 e 1Nu'..1::: lnLoi'inaulon may De uoza.Lnt!u l.Ll7_U LilC VLt1l C vi a i=c \ V: W=1JJ1V1=Gl vL ctcv c==uc. 7. `:. The following information is -attached to support this application /S ,�ipW�� ,WjT Pik pS •6Vsi.v�s s ��w� y� �ivs fie« vse� �s • /w��,�rPsS: / n�f/�aw� �9 r' �.�:�.�1- -(Use additional pages if necessary )` Si : � _iii��,i�PHh� a•:J-�a��'i��'. (y .., ' r �� _- _ sr.; c �!�: _ `3 t,� £3. (a) Attached is a copy of a LOCATION PrIAP .. _ ...SCALED rl" 2, 000' _,..� (b) Attached is a sketch showing proposed and/or existing structures on property with measurements to all property lines. Y SIGNATURE OF APPLICANT: P•AILING ADDRESS OF APPLICANT: (Complete with Route, Street, Box, Etc_ NUMBERS.) f.o.r. o.f.f.i.c.e. u.s.e o.n.l.y PLANINING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date) Approval* Denial SECRETARY (signed) BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) Q Approval Denial COUNTY ADMIN. (signed) REZONING REQUEST 1008-81 Mar L. & Salvatore A. Rao 2.04 Acres zoned A-2 (Agricultural -General) to be rezoned to B-2 (Business -General) LOCATION: North of Stephens City on the East Side of US Highway 11. MAGISTERIAL DISTRICT: Back Creek Magisterial District ADJACENT LAND USE AND ZONING: Agricultural Zoning and Land Use. PROPOSED USE AND IMPROVEMENTS: To be rezoned to B-2 (Business -General), to be used as an outlet clothing retail store. REVIEW EVALUATIONS: Virginia Dept_ of Highways and Transportation - No objection to the rezoning. Health Department - Existing drainfield appears to be adequate for proposed usage. Department of Inspections - This Building is classifed in use group M Mercantile Building Section 208.0 Boca Basic Building Code 1978. Additional comments will be given at time of plans review. Planning and Zoning - COMPREHENSIVE PLAN The 1976 Comprehensive Plan for Frederick County shows Route 11 South as being included in the Highway District. This Highway District does include the possibility of expansion of commercial enterprises within the District where those uses would not have a significant impact on the highway itself. Since the passage of - that plan, there have been no requests for rezoning along this highway and there has been no expansion of the existing nonconforming businesses on that section of Route 11 South. The staff feels that the designation of the Highway District within the plan is flawed and should definitely be revised during this update to more adaquately protect the use of not only this highway, but other highways' transportation function. The Comprehensive Plan does address the need to protect the transportation function of our highway system. Enclosed is a copy of page 114 and 115 of the Comprehensive Plan and under objective three on page 114, the Plan does suggest that commercial and residential development be clustered. The implementation methods for this objective are to plan for open areas along highways and to plan commercial and residential clusters with seperate access roads. Page Two Mary L. & Salvatore A. Rao SPOT ZONING The Spot Zoning Policy passed by the Planning Commission addresses the type of zoning request which has been submitted by Mr. and Mrs. Rao. It is the staff's opinion that a rezoning of this nature would be in violation of that Spot Zoning Policy. The staff does not feel that the Commission would be willing to allow all comparable properties on Route 11 South to be rezoned to a business category. The nearest business zoning to this property is approximately 5,000 feet to the north at the Route 11/Route 37 Interchange and approximately 4,000 feet to the south at the Frederick County/Stephens City boundary line. STAFF RECOMMENDATIONS - Denial. Staff feels that based on the information presented under Planning & Zoning that this rezoning request should be denied for the following reasons: 1. Is not in conformance with the Frederick County Comprehensive Plan. 2. It is a violation of the Planning Commission's adopted Spot Zoning Policy. 3. It would have an adverse impact on the transportation function of Route 11 South if it would set a precedent for further rezonings and commercial development in that area. ARGENT. ANDEnsON. -AnI2ICK is GRovrs AITORNI:YS AT LAW WINCIII.yTnn. N"IIIOIMA THIS DEED made and dated this day of October, 1981, by and between JOHN F. ANDERSON, SPECIAL COMMISSIONER, of the one part, hereinafter called the Grantor, and SALVATORE ANTHONY RAO and MARY LYNNE RAO, his wife, of the other part, hereinafter called the Grantees. WHEREAS, by Decree dated October 8, 1981, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Chancery Order Book 60, Page 591, entered in that certain cause pending in said court styled "Patricia Joan Dillaman, et al, v. James Jeffrey Dillaman, et al",the Grantor was ordered to convey unto the Grantees the hereinafter describe property on payment of the sum of Fifty -One Thousand, Eight Hundred Dollars ($51,800.00); and, WHEREAS, the grantees have paid said sum and requested a Deed for the same, Now Therefore This Deed, WITNESSETH: That for and in consideration of the sum of Fifty One Thousand, Eight Hundred Dollars ($51,800.00), cash in hand paid, redeipt whereof is hereby acknowledgbd, the Grantor does hereby grant and convey with Special Warranty of title unto the Grantees, as tenants by the entirety, with right of survivorship, as at common law, all that certain lot of land and all improvements thereunto belonging, located in Opequon Magisterial District, Frederick County, Virginia, about one and one-half miles North of Stephens City, containing 2.04 Acre; more or lesss, more particularly described and bounded as follows: BEGINNING at an iron peg on the east side of U.S. Highway No. 11, said point being 120 feet northeast of Funk's forty -foot driveway, and corner to the land of Bryan; thence with the east side of U. S. Highway No. 11 north 23' 30' east, 280.0 feet to an iron peg at corner to Funk; thence with Funk for the following two courses: South 50' 30' E. 330.0 feet to an iron peg; thence South 23' thence with Bryan North 500 30' W. 330.0 feet to the point of beginning; and being the same land that was -ARGENT. ANDER50N. LARRICK & Gnovrs I =OHNHYs wT znw \+IticirnsTrn. yr lo'Ku conveyed to D. David Dillaman and Joan L. Dillaman, his wife, by Eldred C. Ladd and Myrtle L. Ladd, his wife, by Deed dated May 1, 1965, and of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 310, Page 262:, and further being described as the same property conveyed to D. Cline Dillaman by deed of D. Cline Dillaman and Joan L. Dillaman, his wife, dated March 24, 1971, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, at Deed Book 374, Page 438. This property is being conveyed to the Grantees on behalf of Patricia Joan Dillaman, Pamela K. Dillaman, and James Jeffrey Dillaman, infant. WITNESS the following signature and seal: (SEAL) F . ANQPRSON IAL COMMISSIONER STATE OF V-L�GINIA AT LAR E: I y �'L Cam_% a Notary Public in I n� and for the State of Virginia at Large, do hereby certify that John F. Anderson, Special Commissioner, whose name is signed ` to the foregoing Deed, bearing date on the �,�day of October, 1981, has personally appeared before me and acknowledged the same before me in my State aforesaid. My commission expires Given under my hand Zh�is,ly day of October, 1981. NOTARY PUBLIC VMGMA FREDERIC K, COLL' 'Y, This instrument of writing was produced to me o.I t.,.:: day ofG� ec 19___ , rit—`5,e/'7 and ve-ith certificate of acknovaledgnient thereto anne i i .s admitted to record. Tax iz-nposed -by .5:)C. 6J-.i $'y. % , and 55-54 have been p;:id, if ✓V" -2- } l ti BOOK 311.0 eAGE 264 U.S. HIGHWAY NO. 11 M < T� �) L.1 .3V W CLV%/•V 2 FUNK -above tract of land, located on the East sid© of U.S. .Highway Noe il, do -jut 1 mile i':orth of :.tephens City, and situate in Opequon ;�t�ist�.r:al inia, is bounded as follows: I;istrict, Frederick County, Virg :Znfrin:,ing. at (1) an iron peg on the EIst side of U.S. Highway No. 11, sair'. roint being 12C feet Northeast of Funk's 1�0 ft. driveway, and corner t:; trie ,and of nryan; thence with. the EEtst side of U.S. Highway No. 11 Id 23 ci36 min. E 280.0 feet to ('11) an iron peg a corner to Funk; tr:.!Ice w.tth Funk for the following 2 courses S 50 dog. 30 min. E 330a0 feet to (3) an iron peg; thence S 23 deg. 30 min. W 280.0 feet to ;!.) an iron peg a corner to 9ryari; thence with 13ryan N 5G deg. 30 min. 33:,00 feet to the point of beginning, containing 2.04 Acres more or lesso /�t�j�vrdi u• Richard U. Goode, Certified Surveyors April 28, 1965• ,74GINIA FREDERICK C041AlN, SCT. .q— #6074 } This IInstrwn me o writing was produced to me on me ay Or ' and with certificate f ac wiodgmal"grab an,,o od w t� dmltted •j record. rehezicCz GaznYty 3Deyartmertf of IC-timilig ails g6doptzertl P. O. Box 601 DIRECTOR 9 COURT SQUARE JOHN T. P. HORNE WINCHESTER, VIRGINIA 22601 November 2, 1981 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The application of: Mary Lynne & Salvatore A. Rao To Be Rezoned: From A-2 to B-2 This Rezoning application will be considered by the Frederick County Planning Commission at their meeting of November 18, 1981, at 3:00 pin, in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. Any interested parties having questions or wishing to speak, may attend this meeting. JTPH/dll Sincerely, X k ZiZC� j U John T. P. Horne Director 703/662-4532 This is to certify that the attached correspondence was mailed to the following on November 2, 1981, from the Office of Planning and Development, Frederick County, Virginia: Martha E. & Alice L. Funk Route 1, Box 266 Stephens City, VA. 22655 Leo S. & Janet T. Bryan Route 2, Box 76 Stephens City, VA. 22655 Shenandoah Valley Baptist Church P.O. Box 68 Stephens City, VA. 22655 Willias J. & Helen J. Moore Route 2, Box 100 Stephens City, VA. 22655 Faye N. Haines Route 1, Box 267 Stephens City, VA. 22655 Mary 'Lynne & Salvatore A. Rao 1100 Wilkins Avenue Winchester_, VA. 22601 n T. P. Horne ector STATE OF VIRGINIA, COUNTY OF FREDERICK, TO -WIT s � �.d-j ,a Notary Public in and for the State and County aforesaid, do hereby certify that JOHN T. P. HORNE, DIRECTOR, PLANNING AND DEVELOPMENT DEPARTMENT, whose name is signed to the foregoing, dated �'(1(���i%3�J� . 1981, has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this ,1,Yday of�(�j(�y_, 1981. My Commission expires , -C ��4�d_j- - -- NOTARY PUBLIC n HORNE 1991 jRECE E IV lJ P �0. Box .I K 601 9 COURT SQUARE WINCHESTER, VIRGINIA 22601 M E M O R A N D U M TO Department of Inspections , ATTN Mr., John Dennison Health Department ,�N Mr. Herber Sluder VA Dept. of Highways and Transportation , ATTN Mr. R. C. King ^�- Zonin FROM: John T. P. Horne, Director , ATTN Mr. John T. P. Horne Date October 1, 1981 SUBJECT: Review comments on Conditional Use Permit Subdivision X Rezoning Site Plan We are reviewing the enclosed request by Mary L. & Salvatore A. Rao or their representative . Will you please review the attached and return your comments to me by as soon as possible. ---------------- ------------------------------------------------------- This space should be used for review comments: Signature T—_ Date- T-6- - � j7 -0 703/662-4532 3 rLnT nirh C�nnufv RECEIVED NOV �94 �r�,T2Tz�#ztt$zt# TT1 �LttztltCTT� �tztz� �r e�ael��ztt�zt# P. O. Box 601 DIRECTOR 9 COURT SQUARE JOHN T. P. HORNE WINCHESTER, VIRGINIA 22601 M E M O R A N D U M TO: Department of Inspections , ATTN Mr. John Dennison Health Department , ATTN Mr. Herber Sluder VA Dept. of Highways and Transportation , A & Mr. R. C. King Zonin FROM: John T. P. Horne, Director SUBJECT: Review comments on ATTN Mr. John T. P. Horne Date October 1, 1981 Conditional Use Permit Subdivision X Rezoning Site Plan We are reviewing the enclosed request by Mary L. & Salvatore A. Rao or their representative _ Will you please review the attached and return your comments to me by as soon as possible. ----------------------------------=----------------------------•------- This space should be used for review comments: Signature C1 , Date 703/662-4532 4' 1 �rCi�r�riL'It (�IIITIT#� Pv-p TrfiltEIT 11 �2TIT1TTlt 2TZT� C L'�IC�>Y�tmL'IT P. O. Box 601 DIRECTOR 9 COURT SQUARE JOHN T. P. HORNE WINCHESTER, VIRGINIA 22601 M E M O R A N D U M TO: t Department of Inspections ZATTNr. John Dennison Health Department , ATTN Mr. Herber Sluder VA Dept. of Highways and Transportation , ATTN Mr. R. C. King Zoning , ATTN Mr. John T. P. Horne FROM: John T. P. Horne, Director SUBJECT: Review comments on X Date October 1, 1981 Conditional Use Permit Rezoning Subdivision Site Plan We are reviewing the enclosed request by Mary L. & Salvatore A. Rao or their representative V Will you please review the attached and return your comments to me by as soon as possible. ---------------------------------------------------------------------- This space shoPd. be used for review comments: % 2 / CJ r �c l r la C4_- - r-� -�_ L ! c� . _ _ t s r!� Signature ��.���,� Date — 703/662-4532 F ent N �J / Application Date Gol.ing IL-n,ndm �. D� �.P / APPLICATION FOR REMNING . . . . . . . . . COUNTY OF .FRi.DERICK1 . VI rr IIjiA TO TILE PLANNING MMISSIO_`I AND BOARD OF SUPEP.VISORS OF TIIE COUNTY OF FREDERICK, VIRGINIA I (WE) , THE UNDERSIGNED, DO HEREBY RESPECTFULLY I•IAKE APPLICATION AND PETITION THE GOVER-IIING BODY TO MEND THE ZONING ORDINANCE AND TO CHANGE THE ZONING DMP OF COUNTY OF FREDERICK, VIRGINIA AS ILEREINAFTE ; REQUESTED, AND IN SUPPORT OF TIIIS APPLICATION, THE FOLL071ING FACTS. ARE SHO.1N 1. The property sought to be rezoned is located s�. 5��2 (J.S�j�%!�/�9 ��` `'-. •' It has a frontage of �2y feet and a depth of U 'feet and consists of acres.: 2. The property sought to be rezoned is owned by A/�f as evidenced -by deed from C'G/yJ,< recorded ,in ,Book Page %d / , Registry of County of �jQod�ClU� This property is designated as Parcel No. p� -on Tax I•Iap No. (Mote: Numbers may be obtained from the Office of Commissioner of Revenue 3. It is desired and requested that the foregoing property be rezoned: FROM " 07, TO c� 4. It is proposed that the property will be put to the following use: AX9 '5. It is proposed that the following buildings will be constructed: Uti /-I- - The following are all of the individuals, firms, or cc) rporaLions' otrning property adja ent 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 NLunbers CO:L°LETS MAILING ADDRESS (Street, Route, Box, Etc. NOS.) P1 Tt1K MAP b e :Sc) ­ a 'S cG �:�tv�c`oi�� �e 'i�]�L�.�tie 7 �� C • \ . � C 00, r \ a6, JL (NOTE: Intornation may be obtained iron the Mrice of the commissioner or Kevenue. ). ' :' ' - 7. ":..The following information is- attached to support this ae'ye. 5 -- / } ` rs ,&es 5 iglGui4�j Ao-v pee ri weal Qs �u/Jl rs` v,ue��rr-�r�-1 r� �`• . , ,t.� .t: '�� i /fril-t'.T. .al�..JX; :(Use additional pages if 'necessax J; J.�S.:: �'U...S/?76-1�_.•:��-.''�i�:;'���'i°��JKJ-,�.�`lg::�lrl•6y�°�4�:.:�-�s�-'Y:�2�'�S-`=��3'� ->�`r- — •;t_. - •lam 't...' £3. (a) Attached is a copy of a LOCATION rQAP .....^SCALED l" .= 2,000 (b) Attached is a sketch showing proposed'and/or existing structures on property with measurements• to all property lines_ SIGNATUtic^, OF APPLICArvT: r,IAILING ADDRESS OF APPLICANT: (Complete with Route, Street, Box, Etc_ NU_dBEB.S.) f.o.r. o.f.f.i.c.e• u.s.e o_n.l.y .. PLANNING CO2•I%IISSION PUBLIC HEARING RECOL,24ENDATION OF (date) E Approval Denial SECRETARY (signed) BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) Q Approval Denial COUNTY ADMIN. (signed) t a 25' 5o' 75' loo' 1 SCALE t N C TC T Z' { O i O • �Q saoa 'j MEtirt U.S. HIGHWAY NO. II 1 .. LAII;J OF G.C. LADD 2.01, Acres L--S 23 30 W 280.0 FUNK '"! •_ -ibove tract of land, located on the East sitlo of U.S..Highway Ile. il, ao-,ut l mile I:orth of :.tephens City, and situate in Opequon r:;i ist^r_a_ Gictrict, Frederick County, Virginia, is bounded as follows: cl it :.ir.g at (1) an iron per, on the Fast side of U.S. Highway Plo. 11, sai,'. point being 12L feet Iiortheast of Funk's 1,0 ft. driveway, and corner t.; the :and of Bryan; thence with.. the East side of U.S. Ilighway No. 11 V 23 cleg. 36 min. E 260.0 feet to (2) an iron peg a corner to Funk; • thence with Funk for the following 2 courses S 50 dog. 3O min. E 330.0 f - t to (3) an iron peg; thence S 23 dog. 30 min. W 280.0 feet to (C) an iron peg a corn^_r to Rryun; thence with Bryan tl 50 dog. 30 min. W 33:,.0 feet to the point of beginning, containing 2.04 Acres more or � Richard U. Goode, Corti:iod Surveyor, April 28, 1965. •1QGINIA ►REDERICK COU1M, SCi. 6074 Th4 k,.trvm.rt of wrltkq was prodmad to me on the _s�' day o{ `�%�%� .t 1r ei r �/J,'�/i and with oeAifcato fi c4Towl+dpmerly�fiq�eb ome ed dmltted •� rewrd, fr J j/,�� I I J 1 ti B001i 31.0 ACE r tirl U.S. HIGHWAY NO. II r 120�T0 FVNK'S i a, k 40 .DRIVEWA' 25' 50' 75' 100' SCALE IN �'•E .T 3 e S 23' 30' W 280.0 .3 FUNK T:•, -above tract of land, located on the East sido of U.S. .Highway JJo. il, aoout 1 mile Borth of !:tephens City, and situate in 0perluon f�aeist-:ria_ 5it.-trict, Frederick County, Virginia, is bounded as follows: :cJri ,::ir.e at (1) an iron peg on the Fast side of U.S. Iiighway PJo. 11, sni'! mint being 12L feet Northeast of Funk's J,G ft. driveway, and corner v L:) the and of 3ryan; thence with the East side of U.S. Ilighway No. 11 JJ 23 r'•r'C' 36 min. E 280.0 feet to (2) an iron peg a corner to Funk; ti;c:ice with Funk for the following 2 courses S 50 dog. 3U min. E 330,0 f--t to (3) an iron pep,; thence_ S 23 deg. 30 min. W 280.0 feet to (L) an iron peg a corner to Hryari; thence with Dryan M 5C dog. 30 min. W 33(,.0 feet to the point of beginning, containing 2.04 Acres n more or lass. /�� i1 u• �U�r^' Richard U. Coodo, Cortified Surveyor, April 28, 1965. • nGwtu MEOERiCK CCdlM SCT. n / /,16074 This kxAtrvmert of wrltkp was produced to me on the —N,5—' day of r �/1,''�j.! sand with oertifKale t ac wledpmer>Njr.�reb a o ed ddmltted r 5 �11 ;'01 , *SENT. ANDFRSON. 2 RICK & GnOvEs .Ton.:ry, AT LAW CIIKSTCn. \'IItOIHLA THIS DEED made and dated this &day of October, 1981, by and between JOHN F. ANDERSON, SPECIAL COMA'IISSIONER, of the one part, hereinafter called the Grantor, and SALVATORE ANTHONY RAO and MARY LYNNE RAO, his wife, of the other part, hereinafter called the Grantees. WHEREAS, by Decree dated October 8,'1981, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Chancery Order Book 60, Page 591, entered in that certain cause pending in said court styled "Patricia Joan Dillaman, et al, v. James Jeffrey Dillaman, et al",the Grantor was ordered to convey unto the Grantees the hereinafter describes property on payment of the sum of Fifty -One Thousand, Eight Hundred Dollars ($51,800.00); and, WHEREAS, the grantees have paid said sum and requested a Deed for the same, Now Therefore This Deed, WITNESSETH: That for and in consideration of the sum of Fifty One Thousand, Eight Hundred Dollars ($51,800.00), cash in hand paid, redeipt whereof is hereby acknowledged, the Grantor does hereby grant and convey with Special Warranty of title unto the Grantees, as tenants by the entirety, with right of survivorship, as at common law, all that certain lot of land and all improvements thereunto belonging, located in Opequon Magisterial District, Frederick County, Virginia, about one and one-half miles North of Stephens City, containing 2.04 Acre! more or lesss, more particularly described and bounded as follows: BEGINNING at an iron peg on the east side of U.S. Highway No. 11, said point being 120 feet northeast of Funk's forty -foot driveway, and corner to the land of Bryan; thence with the east side of U. S. Highway No. 11 north 231 30' east, 280.0 feet to an iron peg at corner to Funk; thence with Funk for the following two courses: South 50' 30' E. 330.0 feet to an iron peg; thence South 23' thence with Bryan North 500 30' W. 330.0 feet to the point of beginning; and being the same land that was , tGFN-r. AI:DEttsoK. omicic t, Gitovrs ,T701J: KYS AT I.AW X[JJI:STEII. vlll(JIXIA �,q - 5 t �,--�t 7",2 conveyed to D. David Dillaman and Joan L. Dillaman, his wife, by Eldred C. Ladd and Myrtle L. Ladd, his wife, by Deed dated May 1, 1965, and of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 310, Page 262, and further being described as the same property conveyed to D. Cline Dillaman by deed of D. Cline Dillaman and Joan L. Dillaman, his wife, dated March 24, 1971, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, at Deed Book 37.4, Page 438. This property is being conveyed to the Grantees on behalf of Patricia Joan Dillaman, Pamela K. Dillaman, and James Jeffrey Dillaman, infant. WITNESS the following signature and seal: (SEAL) F . AIQF RSON IAL COMMISSIONER STATE OF V RGINIA AT LARGE: i a Notary Public in r and for the State of Virginia at Large, do hereby certify that John F. Anderson, Special Commissioner, whose name is signed T11. to the foregoing Deed, bearing date on the day of October, 1981, has personally appeared before me and acknowledged the same before me in my State aforesaid. My commission expires Given under my hand this �S day of October, 1981. NOTARY PUBLIC GRGLNT�A FREE R1C-z' COLLIf'y, dC.. This instrument of writing was produced to me o.J t.,.:: day of (��ec- 19iI_ �, at and v.:th certificate of acknowledgment thereto anne :ate ; :S ar ='Hed to record. Ta:: imposed by S Dc. 6J-.i z. 1 .7= - % and 5-54 have been psid, if 2— �31 L,-bjriA Toint#U , artlteit# ofplanning allb c vflelopluen# P. O. Box 601 DIRECTOR 9 COURT SQUARE JOHN T. P. HORNE WINCHESTER, VIRGINIA 22601 M E M O R A N D U M TO: Department of Inspections _, ATTN Mr. John Dennison Health Department , ATTN Mr. Herber Sluder VA Dept. of Highways and Transportation , ATTN Mr. R. C. King __ _ Zoning , ATTN Mr. John T. P. Horne FROM: John T. P. Horne, Director __ Date October 1, 1981 SUBJECT: Review comments on Conditional Use Permit Subdivision X Rezoning Site Plan We are reviewing the enclosed request by Mary L. & Salvatore A. Rao or their representative r Will you please review the attached and return your comments to me by as soon as possible. ---------------------------------------------------------------------- This space should be used for review comments: Signature Date 703/662-4532 r I .J�re�eri�ft (�>�zt�tt� 3Dcyarfi int of 1-11111ttts alith c efr apinellf DIRECTOR JOHN T. P. HORNE M E M O R A N D U M P. O. Box 601 9 COURT SQUARE WINCHESTER, VIRGINIA 22601 Department of Inspections , ATTN Mr. John Dennison Health Department , ATTN Mr. Herber Sluder VA Dept. of Highways and Transportation , ATTN Mr. R. C. King _ Zoning ,LAWN Mr. John T. P. Horne FROM: John T. P. Horne, Director Date October 1, 1981 SUBJECT: Review comments on Conditional Use Permit Subdivision X Rezoning Site Plan We are reviewing the enclosed request by Mary L. & Salvatore A. Rao or their representative Will you please review the attached and return your comments to me by as soon as possible. ------------------------- --------------------------------------------- This space should be used for review comments: Signature 703/662-4532 Date Loving Amendment No. D© Application Date _// __? t� APPLICATION FOR REZONING . . . . . . . . . COUNTY OF .FREDERICF,, . VIir�IIIIA TO THE PLANNING CO.!-•IISSIO_`J AND BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA . I (WE) , THE UNDERSIGNED, DO HEREBY RESPECTFULLY I.IA.KE APPLICATION AND PETITION THE GOVERNI.IG BODY TO AREND THE ZONING ORDINANCE AND TO CHA IGE THE ZONING MAP OF COUNTY OF FREDERICK, VIRGINIA AS IiEREINAFTER REQUESTED, AND IN SUPPORT OF THIS APPLICATION, THE FOLLMlING FACTS, ARE SHO-NN 1. The property sought to be rezoned is located ts� Sd•2 U,s�sa/u�,9 //r` It has a frontage of c2 f D feet and a depth of -34v 'feet and consists bf o7.Df� acres: 2. The t er ro sought to be rezoned is owned b property "' y g Y as evidenced by deed fromsplt%_ Sp I_ corecorded : in :Book Page "Registry of County of12o�P,e1U� This property is designated as Parcel No. p� q on Tax Map No. 475 YA.) (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 TO CZ 4. It is proposed that the property will be put to the following use: 5. It is proposed that the following buildings will be constructed: , 4 The following are all of the individuals, firms, or corporations" o�:r,ing Property adja��ent _o both sides and rear, and the property in front of (across street fro:) the property sought � -o be rezoned: (Use additional pages if necessary.) _ N?1,1n Nu:, s CO:•L11LETE i+AILING ADDRESS (Street, Route, Box, Etc_ P10S_) P11RC ,' Ti_VX I+L��P Va A c.Q�NQ C\A 1 C G c iC 0 U LNUTE: Inrornation may be obtained rrom. the UIZIce or th` Co7zlissioner or Revenue.) ' 7. `: The following information is attached to support this application 4L f&4 'is `•� ;tee 4 r-� �.�,��;� � . = - �1•� ;:a'�� �.c;�-���.�.�k/ /PT!��-_.Tr��:�^ _ - L -:(Use additional pages if necessary l�.._�'G...S��-l�- '.?.��__ �`�'e` --=����..Gt•Qv�`�' �D� ,CS-,ps.�:�Cri�P�'-�= :-_.�3`� ` ` - ... '-� ( '� �/`/%�.�... J {/y/" ,: ti- - •i i'-` .{- _ L 4 _ _ fir• '� ..� - � L•. i.� �,." _. 1. r-' Y l-- � J�•1��``-1 it 8. (a) Attached is a copy of a LOCATION MAP SCALED 1" •-2, 000'- (b) Attached is a sketch showing proposed and/or existing structures on property with measurements to all property lines. SIGNATU E OF APPLICtL`iT: P•AILT_NG ADDPL--SS OF APPLICANT: (Complete with Route, Street, Box, Etc_ NU%BEaS.) IK���Q�P�� _1� Z���i/ %il f.o.r. o.f.f.i.c.e• u.s.e o.n.l.y PLAN^LING COZEMISSION PUBLIC HEARING RECOMMENDATION OF (date) _ 0 Approval ElDenial SECRETARY (signed) BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) Approval Denial COUNTY ADMIN. (signed) BooK 310 eAGE 264 U.S. HIGHWAY NO. II 2 4 J :o FUNK •,bove tract of land, located on the Fast side of U.S. Highway No. il, ao�ut 1 mile I:orth of :.tephens City, and situate in OpeBuon Gi:trict, Frederick County, Virginia, is bounded as follows: Pcri::.ir.g at (1) an iron peg on the Fast side of U.S. Highway No. 11, saai,: folnt being 12C foot Northeast of Funk's 40 ft. driveway, and cornor t: the -.and of Bryan; thence with. the East side of U.S. Highway No. 11 N 23 (leg. 3G min. E 280.0 feet to (2) an iron peg a corner to Funk; thence with Funk for the following 2 courses S 50 dog. 30 min. E 33G,C feet to (3) an iron peg; thence S 23 dog. 30 min. W 280.0 feet to ,!_) an iron peg a corner to 'lryan; thence with Bryan N 5C dog. 30 min. ' 3)L.0 feet to the point of beginning, containing 2.04 Acres more or 1•ess. n p� nu 91 Richard U. Goods, Cortifiod Surveyor, April 28, 1965• y •iRGIMA rREDERICK COUVN, SCT. /16G�4 This Futn r wi of writing was produced to me on the _y�' "day of ` tit �Y CA_ //�,'-Cl/i , aed will. oertlfKole 1 aeiTowladpm ,Ieb ame ed wWa1drn11t.d �� rocord, j/1//� � j(C'✓� I I {} 1 ,�.,4 Y 1 120-�ITO FUNK' 1 40�.DRIVEW, I � 0 25' 50' 75' 100' SCALE 1 N r BOOK 31.0 SAGE U.S. HIGHWAY NO. 11 I I 1 2 r I I I I 1 4 '" S 23' 30 W 280.0 FUNK above tract of land, located on the East side of U.S. .Highway No. il, aoout 1 mile 1:orth of Lrephens City, and situate in Opequon l;arpisteria- District, Frederick County, Virginia, is bounded Us follows: i el i::.ir.g at (1) an iron peg on the Fast sido of U.S. Highway No. 11, sni,'. Point being 12C feet Northeast of Funk's 40 ft. driveway, and corner y t:s the and of T3rvan; thence with the Eitst side of U.S. Highway No. 11 N 23 deg. 36 min. E 280.0 feat to (2) an iron peg a corner to Funk; th,•!nce with Funk for the following 2 courses S 50 dog. 30 min. E 33C.0 fret to (3) an iron peg; thence S 2.3 dog. 30 min. W 280.0 feet to (!.) an iron peg a corner to Hryan; thence with 13ryan Pl 5C dog. 30 min. W 33(,.0 feet to the point of beginning, containing 2.04 Acres 1 more or 1•�ss. ���DU. I Richard U. Coodo, Certified Surveyor, April 28, 1965. •IRGINIA rREDERICK COU9N, SCT. P6G%4 Thla turrvmerf of wrlikq was producrd b me on Ifie _3,+' day u( �r-in- �YG7 '�— ' r �/�. •��� and Wltlf oerfiTKoler 1 ac•To�ledpmertjlfrq/eb -end 4adhf.d 5i ,'01 THIS DEED made and dated this /_ day of October, 1981, by and between JOHN F. ANDERSON, SPECIAL COMMISSIONER, of the one part, hereinafter called the Grantor, and SALVATORE ANTHONY RAO and MARY LYNNE RAO , his wife, of the other part, hereinafter called the Grantees. WHEREAS, by Decree dated October 8, 1981, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Chancery Order Book 60, Page 591, entered in that certain cause pending in said court styled "Patricia Joan Dillaman, et al, V. James Jeffrey Dillaman, et al",the Grantor was ordered to convey unto the Grantees the hereinafter describ property on payment of the sum of Fifty -One Thousand, Eight Hundred Dollars ($51,800.00); and, WHEREAS, the grantees have paid said sum and requested a Deed for the same, Now Therefore This Deed, WITNESSETH: That for and in consideration of the sum of Fifty One Thousand, Eight Hundred Dollars ($51,800.00), cash in hand paid, receipt whereof is hereby acknowledged, the Grantor does hereby grant and convey with Special Warranty of title unto the Grantees, as tenants by the entirety, with right of survivorship, as at common law, all that certain lot of land and all improvements thereunto belonging, located in Opequon Magisterial District, Frederick County, Virginia, about one and one-half miles North of Stephens City, containing 2.04 Acres more or lesss, more particularly described and bounded as follows: :;E,,'T. A,, DL-'IisD1. 2 Rick & GnovEs T0"ti1.TF AT L W ellus Ttn. Vllt Oi NIA BEGINNING at an iron peg on the east side of U.S. Highway No. 11, said point being 120 feet northeast of Funk's forty -foot driveway, and corner to the land of Bryan; thence with the east side of U. S. Highway No. 11 north 23' 30' east, 280.0 feet to an iron peg at corner to Funk; thence with Funk for the following two courses: South 500 30' E. 330.0 feet to an iron peg; thence South 230 thence with Bryan North 500 30' W. 330.0 feet to the point of beginning; and being the same land that was ccrA"T. Ar:Drmso N. amicIC & Giiovrs .TTORNnYn AT LAW vnn:srrn. %111101r zA conveyed to D. David Dillaman and Joan L. Dillaman, his wife, by Eldred C. Ladd and Myrtle L. Ladd, his wife, by Deed dated May 1, 1965, and of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 310, Page 262, and further being described as the same property conveyed to D. Cline Dillaman by deed of D. Cline Dillaman and Joan L. Dillaman, his wife, dated March 24, 1971, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, at Deed Book 374, Page 438. This property is being conveyed to the Grantees on behalf of Patricia Joan Dillaman, Pamela K. Dillaman, and James Jeffrey Dillaman, infant. WITNESS the following signature and seal: (SEAL) F . AIZ S OIII IAL COMMISSIONER STATE OF VLI3GINIA AT LARGE /"� a Notary Public in and for the State of Virginia at Large, do hereby certify that John F. Anderson, Special Commissioner, whose name is signed ` to the foregoing Deed, bearing date on the �d y of October, 1981, has personally appeared before me and acknowledged the same before me in my State aforesaid. Jai C/ My commission expires L,-6+-v D� Given under my hand ZhhI �S day of October, 1981. NOTARY PUBLIC YiRCL�TfA FRDLRIC , CJUJI1, SC" This instrument of N, riting ryas produced to rrie o., t.,,:: day of_ (��S�c. 19_.% , at �•�� and pith certificate of acynov7ledgnient thereto arine :z.., a ; .s admitted to record. Ta-: unposed by Sec. d S _. 1 and S -54 have been pa -id, if a.se.:sab.C-. -2-