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Home My WebLink About10-06 CommentsAugust 16, 2006 Clinton R. Ritter, Esquire 205 E. Boscawen St. Winchester, VA 22601 RE: VARIANCE REQUEST #10 -06 FOR KAY -MORE, INC. AND DEBRA J. TOMS Dear Mr. Ritter: This letter is to confirm that the above referenced application was approved by the Board of Zoning Appeals at their meeting on August 15, 2006. The request on parcel bearing Property Identification Number 65 -A -176 was for a 30 foot side yard variance on the eastern side of the property. The property is located on the east side of Sulphur Springs Road (Route 655), 1 /10 mile north of the entrance to the County Landfill, in the Shawnee Magisterial District. If you have any questions regarding this action, please feel free to call this office. Sincerely, Mark R. Cheran Zoning and Subdivision Administrator MRC/bhd CO °1IL Department of Planning and Development 540/665 -5651 FAX: 540/665-6395 cc: Jane Anderson, Real Estate John Trenary, Inspections Harvey E. Strawsnyder, Jr., Public Works Kay -Mor, Inc. and Debra J. Toms, 205 E. Boscawen St., Winchester, VA 22601 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 September 29, 2008 Marsh and Legg, Land Surveyors, P.L.C. Attn: Scot W. Marsh, L.S. 560 N. Loudoun Street Winchester, VA 22601 RE: Kay Mor, Inc. and Debra J. Toms Property Dear Scot: I am writing in response to your letter received by this office on August 29, 2008. concerning review of the plat of the Kay Mor, Inc. and Debra J. Toms property. Your letter stated a proposed 15 -foot wide sanitary sewer easement and a 10 -foot wide temporary construction easement were to be built on this property. This property is subject to the conditions set forth with Variance #10 -06 that allowed for a 30 -foot side yard variance. This variance action was approved by the Frederick County Board of Zoning Appeals (BZA) on August 15, 2006, and this decision must be adhered to. Easements are a private issue between the two (2) effected parties. If you have any questions call me at (540) 665 -5651. Sincerely, Cher Zoning Administrator cc: Ed Strawsnyder, Public Works MRC/bhd El RECOPY Department of Planning and Development 540/665 -5651 FAX: 540 /665 -6395 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 COUNTY of FREDERICK MARSH LEGGE LAND SURVEYORS, P.L.C. 560 North Loudoun Street, Winchester, VA 22601 540 -667 -0468 Fax: 540- 667 -0469 E -mail: office @marshandlegge.com Mr. Mark R. Cheran, Subdivision and Zoning Administrator Frederick County Department of Planning and Development 107 North Kent Street Winchester, Virginia 22601 Re: Kay Mor, Inc. and Debra J. Toms Regional Landfill Sulphur Springs Road Frederick County, Virginia M L Project No. 7157 Dear Mark: Our firm is completing survey and easement plat work for the Regional Landfill. We would request verification in writing from your office that the proposed 15 -foot wide sanitary sewer easement and 10 -foot wide temporary construction easement, as shown on the enclosed plat, will not interfere with the Kay Mor, Inc. and Debra J. Toms proposed dwelling site and /or proposed drainfield site. The locations of the proposed dwelling and drainfield sites have been delineated from the enclosed plat dated March 23, 2006 of the Kay Mor, Inc. /Toms property. This request is in response to a letter from Clinton R. Ritter, Attorney at Law, dated August 25, 2008, who is representing Kay Mor, Inc. and Debra J. Toms (see copy of letter enclosed). Your assistance with this matter is greatly appreciated. Should you have any questions, please do not hesitate to call. SWM /clh Enclosures Copies to: Mr. Harvey E. Strawsnyder, Jr., Director Frederick County Public Works Department Clinton R. Ritter, Esquire August 28,: 2008 Sincerely, of W. Marsh, L.S. Au( 2 9 2008 (MARSH LEGGE LAND SURVEYORS, P.L.C. 560 North Loudoun Street, Winchester VA 22601 0 540 -667 -0468 o Fax: 540- 667 -0469 o E -mail: office @marshandlegge.com Clinton R. Ritter, Esquire Attorney at Law 205 East Boscawen Street Winchester. Virginia 22601 Re: Kay Mor, Inc. and Debra J. Toms Regional Landfill Sulphur Springs Road Frederick County, Virginia M L Project No. 7157 Dear Mr. Ritter: August 28, 2008 Per your letter dated August 25, 2008 regarding the Kay Mor, Inc. and Debra J. Toms property and the deed of easement for the Regional Landfill, we are providing the following information: 1. The square footage contained within the 15 -foot wide permanent easement is 1,361 square feet; the area within the 10 -foot wide temporary construction easement is 1,042 square feet; and the total area contained within the permanent and temporary easements is 2,403 square feet. 2. We have utilized the plat provided by your office dated March 23, 2006 to delineate the proposed drainfield site, proposed dwelling, and the building restriction lines on the easement plat completed by our firm. We have enclosed a copy of this exhibit for your review. Additionally, we have red marked the location of the permanent and temporary construction easements onto a copy of the Kay Mor, Inc. survey that you provided. Based on this information, we have found that the proposed 10 -foot wide temporary construction easement and 15 -foot wide permanent sanitary sewer easement do not affect the proposed dwelling or drainfield site. 3. We have made a request to the Frederick County Subdivision Administrator for verification iri writing that the proposed easements will not interfere with the proposed drainfield site and /or dwelling. We will coordinate with Frederick County to provide this written verification directly to your office. 4. We have spoken with Earl Sutherland, P.E., of Patton, Harris, Rust Associates, regarding future sanitary sewer taps on the proposed sanitary sewer force main. We were advised that the intent of this force main is not for additional sanitary sewer taps. The proposed sewer line is not eligible for additional sanitary sewer taps. Clinton R. Ritter, Esquire August 28, 2008 Page Two We trust that this information will be helpful to you in reviewing the easement request. Should you have any further questions, please contact me directly: SWM /clh Enclosure Copies to: Mr. Harvey E. Strawsnyder, Jr., Director Frederick County Public Works Department Mr. Mark R. Cheran, Subdivision Administrator County of Frederick Sincerely, Scot W. Marsh, L.S. MICHAEL L. STRAWDERMAN, JR. PIN -&477 INST. 070008196 1 w" /mm o�wnEmo� 1 PROPOSED DWEWNG 7 KAY MOR, INC. PIN 65-A-176 PROPOSED DB 833 PG 1156 LICENSED IN VIRGINIA AND WEST VIRGINIA Scot W. Marsh, L.S. Marsh Legge Land Surveyors, P.L.C. 560 North Loudoun Street Winchester, Virginia 22601 Dear Scot: RE: Debra J. Toms Kay Mor, Inc. Regional Landfill Sulphur Springs Road Frederick County, Virginia M L Project No. 7157 CLINTON R. RITTER ATTORNEY AT LAW 205 EAST BOSCAWEN STREET WINCHESTER, VIRGINIA 22601 August 25, 2008 TELEPHONE 590- 662 -7175 FAX 510- 662 -1038 Please be advised that I represent Debra J. Toms and Kay Mor, Inc. with regards to your request for them to sign a Deed Of Easement on behalf of Frederick County, Virginia. Before agreeing or disagreeing to your request, I would ask that you calculate and submit in writing to this office the exact amount of square footage this easement will include. Also, on the plat for the right -of -way showing the easement, I request that you show the location of the proposed dwelling and drain field. A copy of Ms. Toms' plat is enclosed for your convenience. Ms. Toms has obtained a Health Permit, and recorded same, for a septic to service a two bedroom dwelling. She has also been granted a variance from the Board of Zoning Appeals for Frederick County for a seventy foot side setback as opposed to a one hundred foot setback, which is also shown on the enclosed plat. sa AUG 2 6 2008 MARSH at LEGGE August 25, 2008 Scot W. Marsh, L.S. Page Two If the information requested above cannot be shown on the plat, please verify that the location of the sewer easement will not interfere with the proposed location of the home and drain field Ms. Toms is planning. I would further request verification in writing from the proper officials in the Frederick County Zoning and Planning Office that this easement will not interfere with Ms. Tom's proposed drain field location and /or house site. Further, please advise as to whether or not Ms. Toms will be able to tap into this line, and if so, at what cost. CRR /tlf Enclosure With kind regards, cc: Ms. Debra J. Toms Kay Mor, Inc. Mr. Mark Cheran, Zoning Administrator Clinton'R: Ritter Attorney at Law REQUESTING AGENT: E -mail Address: •DEPT. OF GEOGRAPHIC INFOTION SYSTEM FREDERICK COUNTY, Ei VIRGLA GIS, MAPPING, GRAPHICS WORK REQUEST DATE RECEIVED: s 7i0 as REQUES I ED COMPLETION DATE: V15/06 I' ✓Ls. Department, Agency, or Company: MTiling and/or Billing Address Telephone: STAFF MEMBER COMPLETION DATE: MATERIALS: ESTIMATED COST OF PROJECT: DESCRIPTION OF REQUEST: (Write additi /S COL-a4 t'h6?S P-7 6S R 17G DIGITAL: PAPER SIZES: COLOR BLACK/WHITE: NUMBER OF COPIES: FAX: infornationon Jack ofsegnest) VAR utiocc 10 —O K41— /ko,,.zLt. -4- Dfd3,eA Tb MS P rat) oc -4 174 FAX: HOURS REQUIRED DATE OF PICK- UP/DELIVERY: AMOUNT PAID: AMOUNT DUE: AMOUNT BILLED. METHOD OF PAYMENT: CHECK NO.# Frederick County GIS, 107 North Kent Street Winchester, VA 22601, (540)665 -5651)