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HomeMy WebLinkAbout05-06 ApplicationVARIANCE APPLICATION #05 -06 P. DUANE BROWN Staff Report for the Board of Zoning Appeals Prepared: April 10, 2006 Staff Contact: Kevin T. Henry, Planning Technician This report is prepared by the Frederick County Planning Staff to provide information lo 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: April 18, 2006 Action Pending LOCATION: Southeast corner of the intersection of Double Church Road (Route 641) and Hudson Hollow Road (Route 636) MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER(S): 86- A -260A PROPERTY ZONING USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING USE: North: RA (Rural Areas) Use: Residential South: RA (Rural Areas) Use: Residential, Agricultural Gast: RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Residential VARIANCE REQUESTED: 20' variance for eastern side yard (resulting in 30' side yard setback) REASON FOR VARIANCE: Narrowness Variance Request #05 -06, P. Duane Brown April 20, 2006 Page 2 STAFF COMMENTS: Frederick County adopted zoning in 1967. The Frederick County historical zoning map shows this property was zoned A -2 (Agricultural General) in 1967. The property setback lines at the adoption of the zoning ordinance were 35' for the fronts and 15' for the side yards. Frederick County amended its Ordinance in 1989 to change the A -2 zoning districts to the current RA (Rural Areas) Zoning District, making the current setbacks for the property: 60'to the fronts. 50'rear. and 50' to the eastern side. This variance would change the setbacks for the side yard to 30'. STAFF CONCLUSIONS FOR THE APRIL IS, 2006 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 20' variance for the eastern side yard. Should this variance be granted, the building setbacks for this property would be 60' on both fronts. 50' in the back, and would change to 30' on the eastern side. 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. 86 A 244 IRELAND, WILLIAM H. Map Features 86 A 252C NEFF, JOSEPH L 86 A 260A WRIGHT, F WAYNE 86 A 261 WELSH, BENNIE B. SR. 86 A 262 WELSH, LAWRENCE R HATTIE L O 131 (Business, Neighborhood District) MS (Medical Support District) 0 82 (Business, General District) O R4 (Residential, Planned Community District) 83 (Business, Indushial Transition District) R5 (Residential Recreational Community District) EM (Extmclire Manufacturing District) 0 RA (Rural Areas D HE (Weller Education District) O RP (Residential Performance District) M1 (Industrial, Light District) O M2 (Industrial, General District) 1141 (Mobile Home Community District) 86 A 260 WRIGHT, F WAYNE 86 A 263 WELSH, ANNA M 86 A 266 CLEVENGER, NELSON R. ET ALS VAR #05 -06 P. Duane Brown (86- A -260A) 0 25 50 100 86 A 259 BROWN, ROSE S Feet 0 o To••■ of April 19, 2006 Mr. P. Duane Brown Marsh Legge Land Surveyors, P.L.C. 560 N. Loudoun St. Winchester, VA 22601 RE: VARIANCE REQUEST #05 -06, F. WAYNE AND LINDA WRIGHT Dear Mr. Brown: Sincerely, This letter is to confirm that the above referenced application was approved by the Board of Zoning Appeals at their meeting on April 18, 2006. Your request on parcel bearing Property Identification Number 86- A -260A was for a 20' variance for the eastern side yard, resulting in a 30' side yard setback. The property is located at the southeast corner of the intersection of Double Church Road (Route 641) and Hudson Hollow Rod (Route 636), in the Opequon Magisterial District. If you have any questions regarding this action, please feel free to call this office. Mark R. Cheran Zoning and Subdivision Administrator MRC/bhd COUNT .lei a :S r Department of Planning and Development 540/665 -5651 FAX: 540 /665 -6395 cc: Jane Anderson, Real Estate John Trenary, Inspections F. Wayne and Linda Wright, 2363 Hudson Hollow Rd., Stephens City, VA 22655 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 DATE: 03/10/2006 SCALE: 1" =100' �G .a OpO Y- s :o\- z �P• DWELLING O L of y EX. SETBACKS C. 9 i 7 SC \V 1.0223 AC. w PIN 86 -A -260 EXISTING SITE CONDITIONS PROPERTY OF F. WAYNE and LINDA WRIGHT OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SHEET 1 OF 1 Marsh Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET WINCHESTER, VIRGINIA 22601 PHONE (540) 667 -0468 FAX (540) 667 -0469 EMAIL office @marshandlegge.com 100 0 100 200 :4'fpF a ¢tnf.E SCALE: 1" 100' DRAWN BY: CAJ DWG NAME: ID7495 DATE: 03/10/2006 O J 1 �v0 C EXISTING SITE CONDITIONS PROPERTY OF F. WAYNE and LINDA WRIGHT OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA EX. SETBACKS SCALE: 1 =40' SHEET 1 OF 1 Marsh Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET WINCHESTER, VIRGINIA 22601 PHONE (540) 667 -0468 FAX (540) 667 -0469 EMAIL office @marshandlegge.com P p) SCALE: 1" 40' DRAWN BY: CAJ DWG NAME: ID7495 40 0 40 80 I EX. DWELLING (TO BE REMOVED) PROPOSED O G 48'x28' \G�7 DWELLING tft 5 DATE: 03/10/2006 VARIANCE REQUEST (SIDE YARD SETBACK REDUCTION) PROPERTY OF F. WAYNE and LINDA WRIGHT OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA PROPOSED SETBACK (VARIANCE REQUEST) EX. SETBACK SCALE: 1 =40' SHEET 1 OF 1 Marsh Legge Land Surveyors, P.L.C. EX. DWELLING 40 0 40 kaa SCALE: 1" 40' DRAWN BY: CAJ v 560 NORTH LOUDOUN STREET WINCHESTER, VIRGINIA 22601 PHONE (540) 667 -0468 FAX (540) 667 -0469 EMAILoffce ©marshandlegge.com DWG NAME: ID7495 -DP 80 GREGORY A. WHIRLEY ACTING COMMONWEALTH TRANSPORTATION COMMISSIONER February 28, 2006 Mr. Mrs. Wayne Wright 2363 Hudson Hollow Road Stephens City, VA 22655 Ref: Route 641 At the Intersection of Route 636 East Frederick County Dear Mr. Mrs. Wright: COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION 14031 OLD VALLEY PIKE EDINBURG, VA 22824 This is to confirm Mr. Keith Walker's meeting with you, on site, on Thursday, February 23, 2006, wherein he discussed with you the possibility of flattening the slope to the south of the intersection on the east side of the roadway to provide adequate sight distance for the safety of the traveling public at the above referenced intersection. You gave verbal permission to access your property to flatten the slope to provide sight distance to the south with the following understanding: 1. It is understood that the slope will be flattened from the intersection of Rt. 636 east to the private entrance to your property on the south side of your home. Also, approximately 15 -20 foot around the intersection of Rt. 636 and Rt. 641. 2. It is understood that all disturbed areas during construction will be dressed and reseeded. 3. You gave permission for a temporary construction easement with the understanding that this easement will terminate after construction is completed. 4. You gave permission to stock pile the removed material on your property at the private entrance onto Rt. 641 approximately 50 -70 foot from the roadway. We plan to complete this work when adequate funds are available in our budget to make this safety improvement. If you are in agreement to the above, please sign and date where indicated and return in the self addressed stamp envelope provided for your convenience. I am enclosing a copy of this letter marked "Your Copy" for your records. VirginiaDOT.org \A/P KFFP \/IRnINIA NAM/INC-1 Mr. Mrs. Wayne Wright February 28, 2006 Page #2 JAC /ch Mr. Keith Walker (Signed) (Date) (Signed) (Date) Thank you in advance for your cooperation in this matter and should you have any additional questions or concerns, please do not hesitate to contact Mr. Keith Walker at (540) 984 -5628. Sincerely, Jerry A. Copp Residency Administrator GREGORY A. WHIRLEY ACTING COMMONWEALTH TRANSPORTATION COMMISSIONER October 13, 2005 Mr. Mrs. F. Wayne Wright 2363 Hudson Hollow Road Stephens City, VA 22655 Dear Mr. Mrs. Wright: Sincerely, o K. D. Walker Transportation Right -of -Way Agent KDW/rz cc: Bill Stover COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION 14031 OLD VALLEY PIKE EDINBURG, VA 22824 Ref: Route 641 At Intersection With Route 636 Frederick County The Virginia Department of Transportation has received a number of calls concerning the inadequate sight distance at the above referenced intersection. We are aware that you are the new owners of this property. We would like to meet with you to discuss what can be done to make this a safer intersection for the traveling public. For you information, there is no money in the budget to make these improvements at this tine. However, with your consent we would probably try to proceed with plans for an improvement. Please call me at one of the following toll -free numbers to discuss the possibility of working with us on this situation 877 213 -8156 or 866 483 -7179. We look forward to discussing this matter with you in the immediate future. VirginiaDOT. org WE KEEP VIRGINIA MOVING l►((AR5If&LE(itiE ND SURVEYORS, P.L.C. MARS LEGGE LAND SURVEYORS, P.L.C. LAFFAREOEu LAW OFFICES SHRIVES, SCHUDEL, DE WO L, SAUNPERS, JACKSON CLAMS PLLC 1355 Barwly Road, Scala 100-A '&Lean. VA 22101 (703) 903 -9400 FM (203)903-96O6 050018406 DEED This Deed made this 16th day of August, 2005, by and between Larry Macrae FUNK, Conservator of the property of Milbert 0. FUNK an incapacitated person, GRANTOR; and F. Wayne WRIGHT and Linda WRIGHT, GRANTEES; WITNESSETH: That for and in consideration of the conveyance made hereby, the consideration received by the GRANTOR and other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, the GRANTOR subject to the matters described herein, hereby grants and conveys to the GRANTEES, with General Warranty and English Covenants of' Title unto GRANTEES, F. Wayne WRIGHT and Linda WRIGHT, tenants by the entirety with full common law rights of survivorship the following described real estate, situate, lying and being in the City/County of Frederick, State of Virginia, (the "Real Estate to wit: SEE LEGAL DESCRIPTION ON EXHIBIT A ATTACHED HERETO AND BEING A PORTION OF the same property conveyed to Milbert 0. Funk and Marie F. Funk, his wife, tenants by the entirety with the common law right of survivorship by virtue of a Deed dated January 7, 1953 and recorded January 8,1953 in Deed Book 226, Page 176, as to Parcel 1. AND FURTHER BEING the same property conveyed to Milbert 0. Funk and Marie F. Funk, his wife, tenants by the entirety with the common law right of survivorship by virtue of a Deed dated march 12, 1987, recorded March 17, 1987, in Deed Book 641, at Page 667, as to Parcel 2. NOTE: Marie F Funk departed this life on May 23, 2004 and her Will is probated in Will Book 1, at Page 459. NOTE: Larry Macrae Funk was appointed as Conservator of the property of Milbert 0. Funk, an incapacitated person, by virtue on an Order and Appointment of Guardian and Conservator recorded in Chancery No. 04 -250. The Real Estate is conveyed subject to all recorded easements, conditions, restrictions, and agreements that lawfully apply to the Real Estate or any part thereof. Tax Map Number: 86-A -260 260A Grantee's Address: 2363 Hudson Hollow Road, Stephens City, VA 22655 Consideration: $295,000.00 RGS Case No,: J5 -193 0 PREPAREP EY LAW OFFICER IRCVCS,SCHUOEL, !VOL, SAUNDERS, CKSON CLARKE PLLC 1355 Beverly Rata, Sun. 100-A Mclnn. VA 22101 (703)903 -9400 FAX (703)903 -9606 r 40_2QO9 Deed Page 2 RGS Case No.: J5 -193 Witness the following signatures and seals: M d& 0' i yaaa Milbert 0. FUNK By: Lary Macrae F Conservator 0\a 41 State of Virginia County/City of: Fccd4i1ek_ I, the undersigned, a Notary Public for the jurisdiction aforesaid, do certify that Milbert 0. FUNK, herein represented by Larry Macrae Funk, Conservator„ whose name is signed to the foregoing document, bearing the date of the 16th day of 4ugust, 2205, acknowledged the same before me in my jurisdiction aforesaid, this day of t,Er�.S My commission expires: J N l r 17 .7. t I /01 14 11', 41 0I c `0 ,1 11 1,,,,, 9�.JO: R' OF Deed Page 3 RGS Case No.: J5 -193 PARCEL 1: All that certain lot or parcel of land, improved by a frame dwelling house, together with all improvements, appurtenances, rights and rights of way, therto belonging, containing two and three- forhas acres (2 3/4 acres) more or less, "ying and being situate about three and one -half (3 1/2) miles South of Stephens City, along Nineveh Road in O?equon District, Frederick County, Virginia, and being the same property which was conveyed to John W. Cullember and Gertrude M. Cullember, his wife, by deed dated January 9, 1950, from James R. Inskip and Aucry Inskip, his wife, which deed is of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 213, at Page 42, to which deed reference is hereby made for a more particular description of the property herein conveyed and for further derivation of title. LESS AND EXCEPT that portion 6f 'property containing 1.008 acres, more or less conveyed to Larry M. Funk and Dona S. Funk, by virtue of a Deed recorded in Deed Book 514, at Page 95, among the land records of Frederick County, Virginia; AND LESS AND EXCEPT twat portion of property conveyed to the Commonwealth of Virginia by virtue of Deeds recorded in Deed Book 242, at Page 278 and Deed Book 941, at Page 908, among the land records of Frederick County, Virginia. Said is designated as ?ax N:ap Number 86 -A -260 and contains approximately 1.99 acres, more or less, according to the County Tresurer's Office. PARCEL 2: All that certain lot or :parcel of land containing 1.008 acres, more or less, together with all rights, privileges and appurtenances thereto belonging, lying and being situate along the Eastern side of Virginia State Secondary Highway No. 641 and the Southern side of Virginia State Secondary Highway No. 636, about three miles Southeast of Stephens City, in Opequon District, Frederick County, Virginia, and being all the same real estate conveyed to Larry M. Funk and Dona S. West, his wife, bearing dated on the 21st day of September, 1979, and of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 514, at Page 95, to wi'tici't reference is hereby made for a more complete description of said real estate and further derivation of title thereto. Said Parcel is designated as Tax Map Number 86- A -260A and contains approximately 1.008 acres, more or less. V!Roiu A. FRE;DERIcg MUNTY. SC7' This instrument of wrung was prodttw,d to t><;,n n ^►th tCrtiSWt:ofa•• at M was tlmuud fi t: o thereto r imposed ties. 44 o f and 58.]•so1 have been paid, if est �,l �QJ DO by 5 8.1 -802 o risable 0 EXHIBIT A LEGAL DESCRIPTION COPIES DATE DESCRIPTION 1 03-09-06 Application for Variance in the County of Frederick, Virginia: F. Wayne and Linda Wnght PIN 86-A-260A, Frederick County, Virginia (id7495) 1 03 -09 -06 Check 6028 (Wright Services, Inc.) for Application Fees MARSH LEGGE LAND SURVEYORS, P.L.C. 560 North Loudon'? Street, Winchester, VA 22601 540 -667 -0468 Fax: 540 -667 -0469 E -mail: office @nmrshandlegge.com TO: Mr. Mark Cheran Frederick County Planning Department 107 North Kent Street Winchester, Virginia 22601 FROM: P. Duane Brown, L.S. TRANSMITTAL COVER SHEET WE ARE ENCLOSING THE FOLLOWING ITEMS: Date: March 15, 2006 Re: F. Wayne Linda Wright Double Church Road 900Z g l HVW THESE ITEMS ARE TRANSMITTED FOR FINAL APPROVAL. REMARKS: CC: Mr. F. Wayne Wright c Qsm watakmagn LAWRENCE R HATTIE L 86 GJ WELSH, BENNIE E ANNA M 86 A CLEVENGER,NEI 86 A 259 BROWN, ROSE S Map Features sm Read Cameras. 0 aaa 81 (Business, Neighborhood District) M5 (Medical Supped Distrct) B2(Business,Genecst Weide() R4(Restdentiet,Platmed Commonly Disktig 83 (Business, Indueldel naneition Dietrich R5 (Residential Recreational Community District) EM (Falres8 a Manufacturing District) RA(Rural Areas District) HE (Higher Education Pianist) RP (Residential Performance District) MI (Industrial, Light DisNkq M2 (Industrial, General District) Mill (Mobile Home Community District) VAR 05 06 P. Duane Brown (86- A -260A) Feel TO so m 7 D APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA Page 5 of 9 MAR 1 5 2006 FEICE USNLY E O <a T Sub mittal Deadlin ,.itN,For;the meetin o f MUST BE TYPED OR FILLED OUT IN INK PLEASE PRINT 1. The applicant is the owner other (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: P. Duane g row n NAME: ADDRESS 5coo N.Lout/own 5t, ADDRESS: L'fncl,esier Vo 22(.0o I TELEPHONE: (540) 6.47.. TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): *he soufl,eosf corner of ,e i ni ersec#,on of Va Ser Rte. 44! (Double Chard, Road) and Va. See Ripe, 43C0('Judson No/ /ow Ragd)• 4. The property has a road frontage of 24, 5 feet and a depth of 501 feet and consists of 1,0223 acres (please be exact). 5. The property is owned by F. Wayne and L Wr as evidenced by deed from L Macrae Fu recorded (previous owner) -@laetl as Insfrumenf mileage o5oc a$oto of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: opegoon 7. Property Identification No.: 84 -A- zt,oA 8. The existing zoning of the property is: RA 9. The existing use of the property is: Res ;d enf; a I 10. Adjoining Property: USE ZONING North Res ;d end; a I RA East Re zkJenke RA South Res 4' A I. RA West Res ;den ;a l RA 11. Describe the variance sought in terms of distance and type. (For example: "A 3.5' rear yard variance for an attached two -car garage. A 20 redue.4con of side yard se ,1bar.k frorn 50' to ad to allow aonsfr,JJ:on of o 48'x28' dwe ;ng 12. List specific reason(s) why the variance is being sought in terms of: exceptional narrowness, shallowness, size or shape of property, or exceptional topographic conditions or other extraordinary situation or condition of property, or the use or development of property immediately adjacent thereto Curr Zon ;ng se.fbac.k (6,c1 from h ;3lnway r;9hf -of -way, d a y� f y b b a le ea Sn side an rear yield v�r ua no u;lda Page 6 of 9 Dou /as G. C Mat/le //a M.N. k, 145 224.55 Address /771. Double Church Rd., Step/, C ;ty, Via Property ID 810-A -243 W; /l;am H. .Esther N. Ireland 22656 Address 1842 Double Church 24., Stephens C;ty,Va, Property ID 8a -A 244 Joseph L. Neer 22655 Address /745 Double Church Rd., Stephens C;�y Va. Property ID BO-A- 2 52 C g Wayne 4 Linda Wright Address /24 Page Court, White Post,VQ. 226, Property ID 8C0 z60 Bennie 8. WeIsh, 5r. 22655 Address I8 /1 Double Church Rd., StcpAens ;ly,Va. Property ID &o -A -2401 Nelson R. Cleven3er 22655 Address 1875 Double Church Rd., Stephens Car, Va. Property ID 8a-A- 21o1..o Address Property ID Address Property ID 13. Additional comments, if any: T r; ht's are works-13 loath the V;rynao De,} 0Crrronepor?07 fo improve the s;yh#d ;stance J 1 1- he Rt.641 and Rt.10340 ;n'J .n Proposed irnprovemrnis a„Il area ;mpaet the exist ;n9 dwe /I ;n9 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 4 i 15. Provide a sketch of the property (you may use this page or attach engineer's drawing). Show proposed an'd/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 AGREEMENT VARIANCE O 0 6 (Number to be assigned by the Planning Dept) I (we), the undersigned, do hereby respectfully make application, and petition the Frederick County Board of Zoning Appeals (BZA) to grant a variance to the terms of the Frederick County Zoning Ordinance as described herein. I agree to comply with any conditions for the variance required by the BZA. I authorize the members of the BZA and Frederick County officials to go upon the property for site inspection purposes. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the BZA public hearing and maintained so as to be visible from the road or right -of -way until the hearing. I hereby certify that all of the statements and information contained herein are, to the best of my knowledge, true. SIGNATURE OF APPLICANT T /1 I✓kwrrli DATE Marc{, 9, 2oocv SIGNATURE OF OWNER? Jt� f 6 DATE 9-66 SIGNE DENIAL (if other than applicant) OFFICE USE ONLY- BZA PUBLIC HEARING OF L ih8�/66 D TE- APPROVAL L BZA CHAIRMAN DATE: Page 9 of 9 ACTION: Planning Office, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540- 665 -5651 Facsimile 540 -665 -6395 Know All Men By These Presents: That I (We) (Name) F -la and Linda Wr;j (Address) /24 Page ('aura Wh ;#e Posf Va. 224040" the owner(s) of all those tracts or parcels of land ('Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 050o18400, ease and is described as Parcel: Lot: Block: Section: Subdivision: P 8[o 240oA do hereby make, constitute and appoint: (Name) P. Dunne. Brown (Phone) 540 4407 (Address) 5400 Al. .(.oucioan 5f k/;nehesfer Va. 224001 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: Rezoning (Including proffers) Conditional Use Permits Master Development Plan (Frei ^hoary and Final) Subdivision Site Plan 8 Z My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (o hand and seal r c/ day of i3 /G'�-c GA 2006 Signature(s) G1` 1''u k Notary Public Special Limited Power of Attorney County of Frederick, Virginia (Phone) 540 -sew +4017 State of irginia, City /County of (m e To -wit: I, 4t.a..1- ttr'1.2, Yvema a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who is (are) known to me, personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this '3 day of 'mak c4 200 (o ma y„ My Commission Expires: De 03/ apple,