HomeMy WebLinkAbout07-07 ApplicationThis report is prepared by the Frederick County Planning Staff to provide information to the Board
of Zoning Appeals to assist them in making a decision on this request. It may also he useful to
others interested in this zoning matter.
BOARD OF ZONING APPEALS HEARING DATE:
July 17, 2007 Action Pending
LOCATION: Lot 50, Plat 1, Section 32 in Shawneeland at the intersection of Capon Springs and
Arbutus Trails
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 69A- 1 -32 -50
PROPERTY ZONING USE: Zoned: Rural Areas (RA)
Land Use: Vacant
ADJOINING PROPERTY ZONING USE:
North: RA (Rural Areas)
South: RA (Rural Areas)
East: RA (Rural Areas)
West: RA (Rural Areas)
VARIANCE APPLICATION 1107 -07
BOBCAT BUILDERS
Staff Report for the Board of Zoning Appeals
Prepared: June 14, 2007
Staff Contact: Lauren E. Krempa, Planning Technician
Use: Residential /Vacant
Use: Residential /Vacant
Use: Residential /Vacant
Use: Residential /Vacant
VARIANCE REQUESTED: The applicant is requesting a 16 foot side yard variance on the right
side and a 26 foot side yard variance on the left side, resulting in a 34 foot building restriction line on
both sides, for the construction of a single family dwelling.
REASON FOR VARIANCE: With current setbacks and the size of the property, there is no
buildable area to build a dwelling.
Variance #07 -07 Bobcat Builders
June 14, 2007
Page 2
STAFF COMMENTS:
Frederick County adopted zoning in 1967. The Frederick County historical zoning map shows this
property was zoned A -1 (Agricultural Limited) in 1967. The property setback lines at the adoption of
the zoning ordinance were 35 feet for the fronts and 15 feet for the side yards. Frederick County
amended its Ordinance in 1989 to change the A -1 zoning districts to the current RA (Rural Areas)
Zoning District, making the current setbacks for the property: 60 feet to the front, 50 feet to the rear,
and 50 feet to the right, and 60 feet to the left (because this is a corner lot).
Based on the small size of this property and the large setbacks associated with the RA zoning district,
the applicant is requesting a 16 foot side yard variance on the right side and 26 foot variance on the
left side yard. This variance, if granted, would result in a 34 foot side yard variance on both sides
(one of which fronts on Capon Springs Trail). The majority of the properties located in the
Shawneeland Subdivision are zoned R5 (Residential Recreational Community) and would have a
setback of 35 feet off both Capon Springs and Arbutus Trails, 25 feet in the rear and ten feet on the
side. Therefore, this variance request would be in character with those lots in the majority of the
Shawneeland Subdivision.
STAFF CONCLUSIONS FOR THE JULY 17, 2007 MEETING:
The Code of Virginia, Section 15.2- 2309(2), states that no variance shall be authorized by the Board
unless it finds that a) strict application of the Ordinance would produce an undue hardship; b) that
such hardship is not shared generally by other properties in the same zoning district and the same
vicinity; and, c) that the authorization of such variance will not be of substantial detriment to
adjacent property, and that the character of the district will not be changed by the granting of the
variance.
The applicant is seeking a 16 foot variance on the right side yard and a 26 foot variance on the left
side yard in order to build a 32'x26' single family dwelling. Should this variance be granted, the
building setbacks for this property would be 60 feet from Arbutus Trail (front), 50 feet from the rear
property line and would change to 34 feet on both sides. It appears that this variance meets the intent
of the Code of Virginia, Section 15.2 -2309 (2). This request from the current setbacks of the RA
zoning district may be justified.
GREAT NORTH vi MINI WILOEv-4 5,5 AREA
HITT, DONNA K
a
m
7
69A 231
CAMERON, RONALD W S PATRICIA E OHEA
69 Ail
SKYRIDGE, LLC
Frederick County, Z
Location in the County
Map Features
O Hamlets
Future Rt37 Bypass
VAR0707_BobcatBuilders
Airport
13 Lakes/Ponds
Streams
r Buildings
Streets
Pdmary
Secondary
Terciary
C,f Urban Development Area
A_ SWSA
Topography (5' interval)
Map Document: (N:\ Planning_ And_Development\_1_Locator_Mps\ Walters _Property_MDP0707_060407.mxd) 6/4/2007 11:16:40 AM
Variance
VAR #07
Applicatiol
Bobcat Bui
Parcel ID
69A 132
Location in Surrounding Area
0 50 100 29Feet
Case Planner. Mark
VAR 07 07
4 Ca i 111 i erS Aeri
Frederick County, V.
Location in the Count
Map Features
o Hamlets
Future Rt37 Bypass
VAR0707_BobcatBuilders
Airport
Lakes/Ponds
Streams
Buildings
Streets
Primary
�4 Secondary
Tertiary
,tl Urban Development Area
SWSA
Topography (5 interval)
al
Map Document: (N:1Planning_And_Development1 1 Locator_Mps\ Walters _Property_MDP0707_060407.mxd) 6/4/2007 11:16:40 AM
Bobcat Buill
eta
Winchester Winches!,
Vi;yinia
Location in Surrounding Area
0 50 100
Case Planner. Mark
Variance
VAR #07 -0'
Application
Parcel ID:
69A -132 -5
2O0eet
APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
MUST BE TYPED OR FILLED OUT IN INK PLEASE PRINT
1. The applicant is the owner other (Check one)
2. APPLICANT:
NAME: ROb Cak 3 k der5 LLC
ADDRESS547. Deer Run CIrcIe
OCCUPANT: (if different)
NAME: r Eb kg RLCR -TR
ADDRESS: kR re5 LOweX atemcv1+
I raft Rol q L VA 22430 ulakfiki Stearn P Pc fl z c2
TELEPHONE:540 (p11 (p LH 1 TELEPHONE:
3. The property is located at (give exact directions and include State Route numbers):
4. The property has a road frontage of j 0 0 feet and a depth of ?..Q 0 feet
and consists of 45A acres (please be exact).
Page 5 of 9
10. Adjoining Property:
North
East
South
West
5. The property is owned by Fre Ci I Pk 1)15 Herr' c,N as evidenced
by deed from M Q r� e c. tt4 C recorded (previous owner) in deed
book no. x}00 on page 5s of the deed books of the Clerk of the
Court for Frederick County. Please attach a copy of the recorded deed.
6. Magisterial District: a c K C r e e K
7. Property Identification No.: (p9 A b (50
8. The existing zoning of the property is:
9. The existing use of the property is: Raw I n (V C Q n+ J
USE
Row \Ond
Raw Ind
Raw \and
Row I cxn d
ZONING
L_uat nL l
11. Describe the variance sought in terms of distance and type. (For example. "A 3.5'
rear yard variance for an attached two -car garage.
sit-566 -2 -(50-1- s i c tarc. \1owi a he_f_
o Si& O C no in ct 2)--F
=�o bu tin pDs- -hc+nn l;v■L
21 e -eta* e_ V VI a Vl C� a vl Wl e4.t cxs�J
12. List specific reason(s) why the variance is being sought in terms o
exceptional narrowness, shallowness, size or shape of property, or
the use or development of prope immediately adjacent thereto
hfre I S Nfo rronM
Page 6 of 9
R ore, Wen
exceptional topographic conditions or other extraordinary situation or condition of
property, or
r
bo■Id n r�We[�In
Pararnoun\ Gy vYQ 1
Address PO Bin 1111 W 1 nCheSkl Nth
Property ID H A 32 LI 9
1 N u n I COY Y Q O f
Address P O .Bo 11 I l W i e r hes VA
Property ID 69 A 137_ 5 2
N l.nv y
I A
Address 302 LOW& LUCE eve Belmont
Property ID n 1 32 5 i
Address
Property ID
Address
Property ID
Address
Property ID
Address
Property ID
Address
Property ID
13. Additional comments, if any:
14. The following names and addresses are all of the individuals, firms, or corporations
owning property adjacent to the property for which the variance is being sought,
including properties at the sides, rear and in front of (across street from) the subject
property. (Use additional pages if necessary.) These people will be notified by mail
of this application:
NAME
Page 7 of 9
15. Provide a sketch of the property (you may use this page or attach engineer's
drawing). Show proposed and/or existing structures on the property, including
measurements to all property lines and to the nearest structure(s) on adjoining
properties. Please include any other exhibits, drawings or photographs with this
application.
Page 8 of 9
OOAO' S.i O1a�
1 0
2
0
88 86_ 50'e
g,. t_A
Prop.
20C
0/F
l A O
6
W O
32.00'
an Prop.
,S Hse. I
60'B.RL
bLi.20 IO
Lot 50
0459 acres
20000.00 sq f
00.00'
1. Easements, if any, not shown. No title report furnished. 7
2. This property does not lie within the 100 year Flood Zone as shown on the F.E.M.A. F.I.R.M. Community Panel.
3. Boundary derived from a field survey and from deeds of record as found among the Land Records of Frederick County,
Virginia, as shown hereon.
4. Iron Pins set at all drainfield comers.
Z
v
0
Lot l
51
CO
S 52 °50'56" W
PROPOSED DRAINFIELD, WELL,
HOUSE LOCATION SURVEY PLAT
Property of
"FRED D. HERRICK, JR.,
PHYLLIS J. HERRICK"
Deed Book 400, Page 58
Tax Map #69A (1) (32) 50
"SHAWNEE- LAND" Subdivision, Section 32, Lot 50
Back Creek Magisterial District
Frederick County, Virginia
Scale: I" 50' Date: April 2, 2007
0.459 Acres or 20,000 Sq. Ft. Revised May 15, 2007
Prepared by
Dodson Surveying, Inc.
P.O. Box 672
Luray, Virginia 22835
(540) 843-0608
1740'
6
Lot
m 49
Note: Cannot show
50' B.R.L. from
this line. as B.R.L
lines would overlap
ARBUTIS TRAIL(60' R/W)
Lot
52�
LEGEND
Q- Iron Pin Found
VARIANCE
AGREEMENT
(Number to be assigned by the Planning Dept)
I (we), the undersigned, do hereby respectfully make application, and petition the Frederick
County Board of Zoning Appeals (BZA) to grant a variance to the terms of the Frederick
County Zoning Ordinance as described herein. I agree to comply with any conditions for
the variance required by the BZA.
I authorize the members of the BZA and Frederick County officials to go upon the property
for site inspection purposes.
I understand that the sign issued to me when this application is submitted must be placed at
the front property line at least seven (7) days prior to the BZA public hearing and maintained
so as to be visible from the road or right -of -way until the hearing.
I hereby certify that all of the statements and information contained herein are, to the best
of my knowledge, true.
SIGNATURE O PPLICANT
at
01„.n 1.LC
Rukt
DATE 5 0'l and v'n C5
*SIGNATURE OF OWNER DATE
<5 �5 c 7 fir Z',c .YE,c&CS
(if other than applicant)
BZA PUBLIC HEARING OF
APPROV
SI ED:
OFFICE USE ONLY-
DATE-
ild/k6 Y
A CHAIRMAN
V /U'
DENIAL DATE:
Page 9 of 9
ACTION:
man e.r)
M e mber
Yitmh
PHONE 68385 REPORT OF TITLE
FAX 590.636-8865
VESTED IN iA t f
V4s 4e/rick ACQUIRED FROM inct mac
DB /PAGE:4a Ss DATE• 1 RECORDED
LEGAL: �i 50���.► I
COUNTY lends
TAXES: et Own 1°195
TAX ma1,,.: it III 1.. 1 raa 11 111 r e is 1. LI 1 1111 Aa,I 11 O. I!':0, ':k :.1.1k
DEEDS OF TRUST
2.
3
4.
JUDGMENTS, MECHANICS LIENS, ASSESSMENT LIENS ETC.
1_3.
2.
3
4.
EASEMENTS, AGREEMENTS; ETC. w z
1 a S 7.
2._
2oC -39' a 9 3' zio- 3 8.
3.6-1); 256 9
4. CyrIgor+' 3 -ibis140.
51Mo 11.
6.VA big. c$- s tj 2n 12
RESTRICTIONS Z 2c'
PLAT- See -rev)
EXAMINERS NOTES:
RECEIVED .03/2007 10:00 15406359747 HUBERT MARLOW JR
(THU)MAV 2007 10:01/ 9:59/No.7500000508 P 3
lqcn5 9 ,200C Iras chli
APPALACHIAN
I ITLE
EFFECTIVE DATE: +11 -07 8 :OOam BY APPALACHIAN TITLE (Mt.-,
APPALACHIAN TITLE ASSUMES NO UABIUTY FORME INFORMATION CONTAINED IN THIS RtIVRT USED BY ANYONE omEit THAN 171E RECIPIENT TO
WHOM THIS REPORT WAS ORIGINALLY ISSUED.
COUNTY Jena
ASSESSED OWNERS NAME:
rr tcL( Fey.'
CURRRENT OWNERS NAME:
ADDRESS:
LEGAL: 50 1 ec
TAX MAP 6 32- SO
ASSESSMENTS: LAND: 3CCio
IMPROVEMENTS:
TOTAL: ZCCir3
LAND USEITAXRELIEF:
1;• 7
TAXES FOR THE YEAR COUNTY: 2 9
TOWN:
SANITARY DIST:
NOTES: siCO sr fel `Ist^N► ISts
8C 0 6'T+yes de"/"
FROM
RECEIVED 41103/2007 10:00 15406359747 1110HUBERT MARLOW JR
(THU)MAV 3 2007 10:01 /ST. 8:58/No.7500000508 P 4
tAs
612��1cl.�
FROHs
0
#3655
JEC IHC
r l;" t Y TO: DEED DE
FRED D.HHRRIC%, JR. ET UX
RECEIVED 3/2007 10:00 15406359747 •HUBERT MARLOW JR
(THU)HAY 3 2007 10:01 /ST. 8:SS/No.7500000508 P 5
1 'r
rrr„rwwrweaswarw+ ****esaeeer+
..a.w,..
BOON 4OO r z 58
THIS DEED, made and dated Chia 21st day of August
1972 by and between Marjec, Incorporated, a corporation
organised and existing under the laws of the State of Maryland
and licensed to do business in the State of Virginia, hereinafter
called the Grantor, and Fred D. Herrick, Jr.
Phyllis J. Herrick
All of that certain lot or parcel of
land designated as Lot 50 Platl
Section 32_ described and eat forth in that
deed of dedication of Marjec, Inc.
e 17 day of puPurr ,1971,
and of record in the Clerk a Office of the
Circuit Court of Frederick County, Virginia,
in Deed Book 380 Page 269 Reference is
made to the aforesaid deed of dedication and
the references therein contained for a mote
particular description of the land hereby
conveyed.
and
his wife, hereinafter called
the Grantees.
WITNESSETH: That for and in consideration of the sum of
Ten Dollars ($10.00) and other good and valuable considerations,
receipt of all of which is hereby acknowledged, the Grantor hereby
grants, Bells and r%nveye, with general werranty'of title, unto
the Grantees in fee simple, Jointly, as tenants by the entirety
with the common law right of survivorship, all of the following
described property:
This lot or parcel of land is conveyed subject to all of
the restrictions set forth in said deed of dedication which are
covenants running with the land in accordance with the authority
granted therein. It is further understood and agreed between the
parties hereto that all of the conditions in that certain contract
of sale and purchase entered into between the parties hereto for
the hereinabove described lot prior to the date of this deed are
not to be merged into this deed, but are to survive and to be in
full force and effect hereafter.
ROY
.bw[ a. nu.
At
RECEIVED 3/2007 10:00 15406359747 UBERT MARLOW JR
(THU)MAY 3 2007 10:01 /S 8:58/No.75000O0508 P 8
eo0K 400 aut 9
The Grantor covenants that it has the right to convey
the within described property; that the Grantees shall have quiet
possession of said land, tree from all encumbrances except as
hereinabove set forth; that the Grantor, to its knowledge, has
done no act to encumber said land; and that it will execute such
further assurances of title as may be requisite.
IN WITNESS WHEREOF, the said Msrjec, Incorporated, has
cauaed this deed to be executed, acknowledged and delivered on its
behalf by Donald R. lamborne, its President and duly'authorized
agent, and its corporate seal to be affixed and attested by
70.,.. .e.. a..e.
hereinabove written.
Corp. rata Seal))
Attest Ay:
STATE OF MARYLAND
COUNTY OF MONTGOMERY, To -wit:
1.
ice A�:istant Secretary the first date
Donald R. lamborne, President
IL R S?cWWN
a Notary Public in
.an340r°.•the County aid State aforesaid, do certify that Donald R.
6 fi c t e, and President and`
04
ipegki ely of Marjec, Incorporated, whose names are signed to
.r
7 tlJS,�et oing writing, bearing date the,g)_r day of
19.22, have personally appeared before me in my County State
aforesaid and acknowledged the same.
Given under my hand this day of jfr. e er riiy 19Z
My commission expires '04 C m•Esea L, :a July 4 1574
(otary Public
F3rD'ZMMCX COUNTY, SCT.
T. ru'::ont vrith g as produ Ca to mo onA2o
1. Easements, if any, not shown. No title report furnished.
2. This property does not lie within the 100 year Flood Zone as shown on the F.E.M.A. F.I.R.M. Community Panel.
3. Boundary derived from a field survey and from deeds of record as found among the Land Records of Frederick County,
Virginia, as shown hereon.
4. Iron Pins set at all drainfield corners.
b
0
N 5 °50'561E
100.00'
5.70'
w
34.00'
Prop
Well
0
7150
92 90
88
Prop.
D/F
0
rn
ip
6.10'
Co
s�
50' ,B.R.L.
0)
O V
O 0
0
3400' A
Im
32.00'
Prop.
Hse.
60' B.R.L.
Lot
51�
100.00'
S 52 °50'56" W
PROPOSED DRAINFIELD, WELL,
HOUSE LOCATION SURVEY PLAT
Property of
"FRED D. HERRICK, JR.,
PHYLLIS J. HERRICK"
Deed Book 400, Page 58
Tax Map #69A (1) (32) 50
"SHAWNEE- LAND" Subdivision, Section 32, Lot 50
Back Creek Magisterial District
Frederick County, Virginia
Scale: 1" 50' Date: April 2, 2007
0.459 Acres or 20,000 Sq. Ft. Revised May 15, 2007
Prepared by
Dodson Surveying, Inc.
P.O. Box 672
Luray, Virginia 22835
(540) 843-0608
7.40'
Lot 50
0.459 acres
20000.00 sq ft
ARBUTIS TRAIL(60' R/W
Lot
52
I Lot
49
i
Note: Cannot show
50' B.R.L. from
this line, as B.R.L.
lines would overlap
LEGEND
0- Iron Pin Found
1. Easements, if any, not shown. No title report furnished.
2. This property does not lie within the 100 year Flood Zone as shown on the F.E.M.A. F.I.R.M. Community Panel.
3. Boundary denved from a field survey and from deeds of record as found among the Land Records of Frederick County,
Virginia, as shown hereon.
4. Iron Pins set at all drainfield corners.
0 ,cy
�o
445
Qj
n
0
Cn
7J
z
0
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Lot I
51�
N 5,2°50'56" E
Y 1000_
.50
96
94 71
92
88
O
0
0
O
15.70'
34.00'
Prop
Well
32.00'
Prop.
0
Hse. I
vs 50
0.459 acres
20000.00 sq ft
100.00'
6.10
05°
60' B.R.L.
S 52 °50'56" W
PROPOSED DRAINFIELD, WELL,
HOUSE LOCATION SURVEY PLAT
Property of
"FRED D. HERRICK, JR.,
PHYLLIS J. HERRICK"
Deed Book 400, Page 58
Tax Map #69A (1) (32) 50
"SHAWNEE- LAND" Subdivision, Section 32, Lot 50
Back Creek Magisterial District
Frederick County, Virginia
Scale: 1" 50' Date: April 2, 2007
0.459 Acres or 20,000 Sq. Ft. Revised May 15, 2007
Prepared by
Dodson Surveying, Inc.
P.O. Box 672
Luray, Virginia 22835
(540) 843-0608
34.00
7.40'
Lot i
52
Lot I
49
Note: Cannot show
\50' B.R.L. from
this line, as B.R.L.
lines would overlap
ARBUTIS TRAIL(60' R/W
LEGEND
(9- Iron Pin Found
1. Easements, if any, not shown. No title report furnished.
2. This property does not lie within the 100 year Flood Zone as shown on the F.E.M.A. F.I.R.M. Community Panel.
3. Boundary derived from a field survey and from deeds of record as found among the Land Records of Frederick County,
Virginia, as shown hereon.
4. Iron Pins set at all drainfield corners.
1
6
Lot l
N 5 °50
100.00'
712'
O
0
O
5.70'
34.00'
96
Prop
Well
9
92
90 o
88,
Prop.
D/F
!n
W
o
o
O
L 3a.00' c2 a
32.00' m
m Prop.
0
0
1
6.10
50' B.R.L.
o Hse.
L 60' B.R.L.
Lot 50
o_ 0.459 acres
20000.00 sq ft
100.00'
S 52 °50'56" W
PROPOSED DRAINFIELD, WELL,
HOUSE LOCATION SURVEY PLAT
Property of
"FRED D. HERRICK, JR.,
PHYLLIS J. HERRICK"
Deed Book 400, Page 58
Tax Map #69A (1) (32) 50
"SHAWNEE- LAND" Subdivision, Section 32, Lot 50
Back Creek Magisterial District
Frederick County, Virginia
Scale: 1" 50' Date: April 2, 2007
0.459 Acres or 20,000 Sq. Ft. Revised May 15, 2007
Prepared by
Dodson Surveying, Inc.
P.O. Box 672
Luray, Virginia 22835
(540) 843 -0608
7.40'
Lot \I
52
Note: Cannot show
50' B.R.L. from
this line, as B.R.L.
lines would overlap
ARBUTIS TRAIL(60' R/W)
Lot
49
LEGEND
Iron Pin Found
1. Easements, if any, not shown. No title report furnished.
2. This property does not lie within the 100 year Flood Zone as shown on the F.E.M.A. F.I.R.M. Community Panel.
3. Boundary derived from a field survey and from deeds of record as found among the Land Records of Frederick County,
Virginia, as shown hereon.
4. Iron Pins set at all drainfield corners.
Lot
X 51
N 5°50'56" E
100.00'
N
O
O
0
O
Prop
Well
92 0
50' B.R.L.
rn
100.00'
S 52 °50'56" W
60' B.R.L.
Lot 50
0.459 acres
20000.00 sq ft
9 .501
9
�N
15 70'
6.10
1740'
.9:40' -9 -8
Prop.
D/F
1
N 1 (1)
a N v
O O
1712 0 e
34.00' O p
32.00'
Prop. I
g Hse.
PROPOSED DRAINFIELD, WELL,
HOUSE LOCATION SURVEY PLAT
Property of
"FRED 11 HERRICK, JR.,
PHYLLIS J HERRICK"
Deed Book 400, Page 58
Tax Map #69A (1) (32) 50
"SHAWNEE- LAND" Subdivision, Section 32, Lot 50
Back Creek Magisterial District
Frederick County, Virginia
Scale: 1" 50' Date: April 2, 2007
0.459 Acres or 20,000 Sq. Ft. Revised May 15, 2007
Prepared by
Dodson Surveying, Inc.
P.O. Box 672
Luray, Virginia 22835
(540) 843-0608
m
Lot
52
Lot
49�
Note: Cannot show
50' B.R.L. from
this line, as B.R.L.
lines would overlap
ARBUTIS TRAIL(60' R/W)
LEGEND
Iron Pin Found
°1. Easements, if any, not shown. No title report furnished.
2. This property does not lie within the 100 year Flood Zone as shown on the F.E.M.A. F.I.R.M. Community Panel.
3. Boundary derived from a field survey and from deeds of record as found among the Land Records of Frederick County,
Virginia, as shown hereon.
4. Iron Pins set at all drainfield corners.
QZY
0
0
cn
U)
z
G
D_
0)
T O
Z
W
v
co
N 5 °50'56" E
100.00'
9 171.50
F-96 I
la 94
90
se as_
O
0
0
O
0
5.70'
34.00'
Prop
Well
m
0
32.00'
Prop.
Hse.
100.00'
0
50' B.R.L.
60' B.R.L.
Lot 50
0.459 acres
20000.00 sq ft
6
92
o
7 Lot
51
69_40'
L
Prop.
DI /F
c
ip
S 52 °50'56" W
PROPOSED DRAINFIELD, WELL,
HOUSE LOCATION SURVEY PLAT
Property of
"FRED D. HERRICK, JR.,
PHYLLIS J. HERRICK"
Deed Book 400, Page 58
Tax Map #69A (1) (32) 50
"SHAWNEE- LAND" Subdivision, Section 32, Lot 50
Back Creek Magisterial District
Frederick County, Virginia
Scale: 1" 50' Date: April 2, 2007
0.459 Acres or 20,000 Sq. Ft. Revised May 15, 2007
Prepared by
Dodson Surveying, Inc.
P.O. Box 672
Luray, Virginia 22835
(540) 843 -0608
6. 10'
34.00'
17.40'
N
O
0
O
O
(n
CO
v
O
CO
0
rn
Lot l
52
Lot l
49
Note: Cannot show
\50' B.R.L. from
this line, as B.R.L.
lines would overlap
ARBUTIS TRAIL(60' R/W
LEGEND
Iron Pin Found
APPLICATION INSTRUCTIC
VARIANCE
N Ef p0
N 67) /+bDRss
OF coAJE
It is the responsibility of the applicant to complete this form in {--lea a m c- V
possible. In order to be heard by the Board of Zoning Appeals on a p
be submitted prior to a cut -off date established during the previous (P q 5°
is established each month in order to meet advertising require V p6 LOW CAD ecleck 1� R
Virginia. You can obtain this date from the Planning and Develop marl -0 p s .L- 0. Y 1'1 C C1 f i
Because applications are photocopied for Board members, they must be completed in ink
or typed. All supporting materials must also be able to be legibly photocopied.
PLEASE ATTACH THE FOLLOWING IN SUPPORT OF THIS APPLICATION:
1. A plot plan of the property, acceptable to the Zoning Administrator, showing:
A. Existing structures.
B. Measurements from existing structures to all property lines.
C. Measurements to all property lines from the addition for which a variance is
requested and to the nearest structure(s) on an adjoining property.
2. A copy of the deed to the property, which may be obtained from the Clerk of the Circuit
Court at the Judicial Center, 5 North Kent Street, Winchester, Virginia.
3. All other evidence or exhibits should be submitted along with this application.
Information to complete items 4 and 5 on the application may be obtained from the Deed to the
property. Information for items 6, 7 and 14 may be obtained from the office of the Commissioner
of the Revenue. Current property zoning for items 8 and 10 may be obtained from the Office of
Planning and Development.
If the applicant is not the property owner, the application must be signed by both parties. The title
of the representative for an organization, church, etc. shall be shown on the application.
The fee for this application is 5400. and a $50. °0 refundable fee is required for a public hearing sign.
Upon submittal of your completed application, a sign will be provided to you. At least seven days
before the public hearing, the sign must be placed at the property line and be maintained so1aslto'be
visible from the road or right -of -way until after the public hearing. Failure It s t-t h e sign -w
result in your application being tabled. After the public hearing, please return the sign and the
LI JUN 1 2007
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