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Home My WebLink About09-02, 10-02 Rick Lafollette (Lot 27 & 28) - Stonewall Orchard Lots Section 2 - Back Creek - BackfileBOARD OF ZONING APPEALS Variance Request Tracking Sheet -#0?-02 arJ �YO-OZ Date: CLbf �-7) czot2 T? File opened Reference Manual updated/number assigned D-base updated One B&W location map requested from GIS Two sets of labels requested from Data Processing �j - OZ File given to Renee' to update Application Action Summary f rZAAL A DTI ON: APPRc 3MZ MEETING DATE:-- '- . FINAL ACTION: *PPgn-VRL�— CLOSE OUT FILE: 6� Approval (or denial) letter mailed to applicant/copy made for file File stamped "approved", "denied" or 'Vithdrawn" y_ Reference Manual updated D-base updated �•�� b21 File given to Renee' for final update to Application Action Summary elkl- U: \Carol\Common\TRACKING. BZA Revised 05/25/01 -OZ W1 i 'SH `Nl 1 002596 p Date 1 Received From - \" \, + z gAddress a kN � For 46 U ' (Q�( AMT OF ACCOUNT ...� CASH AMT PAID CHECK P _ �' BALANCE DUE "" -s.� ` MONEY ORDER ❑ CREDIT CARD❑ By FILE PY COUNTY of FREDE RICK Department of Planning and Development 5401665-5651 FAX. 540/665-6395 MEMORANDUM TO: Finance Department FROM: Karen A. Cain, Receptionist/Office Assistant II SUBJECT: Return Of Sign Deposit DATE: June 25, 2002 The amount of $100.00 was deposited in line item 0-010-019110=0008 for the person named below as a deposit for two signs for Variance Applications #09-02 and #10-02. They have now returned the signs and are therefore entitled to the return of their deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $100.00 to: RSA/kac Mr. Rick Lafollette 21-9-A Round Hill Road Winchester,_VA-2260_1 _ 107 North Kent Street • Winchester, Virginia 22601-5000 w.na.naa,aw- rncuc.n n.n nc..., .. ..... • 104 NORTH 9RADDOCK STREET MIINCNESTER. VIRGINIA TUNE It. 1956 F R E D ROBINSON LAN D APPROVED FOR SEPTIC TAXKS N PROVIDED LOTS NO. 91.2P.23 N 55 • 30' W a ! NINE ' SUILDIMG LINE 59.2` 60' 60' s0 176. 7' So' 68.4' O Q WILLIAM M NM \y e Z AScc WILLIAM D. HAAN, SAMITARIAM T CZ r{E�mo!1 1„/ . O A.L. LINOALL in P bury &Sko pry I a _ , A .L. LINDALL. M.D.. HEALTHDIIWCTOR Q 0 O W i uI 3 p e y L «� o \_ _ f- • •• 1, C N �u y 1• N N • m a W Y i i i :+ 3 Mr _ < itY O ` 3 12 s V: W r • N m �I w W _ .o ° m� a p< �:_•e N A� N aaq 1 u i v I a s N aI v► �Z ' a vl\ o�C z u` li • O • 3 p, a 41 q •ti Y i d N '�'► N Z 1 SI 9q R� ' O� O ~ `-C O O ,Olt �O O�e a 1 0 � +i -�el 1 Bi �,I µ Q.Y r 1'*�^ j W a >o O v o = e n pN� 5 Z,1 F .�K hh 3�`3, �ee� ZO a s c N o Z q. 0 •a, h 3In N � AI; r • �. y. n � �• Iv N N t N 51 �Q• •1 I b E N �y f 9 1 4 t10 Cv dl 0•ao \ �v c s ae 8 3 � i w • 9 51 8A d 8 7\ S O�J n '� > u c� 0� ° a a ► 6 I 'r.erebtr Certify that the Land shown within the Boundar. 4 0 $ N _ z �5� :.5 this Sub -Division is the Land acquired by C. L. Robinson Ice < ft.; u ``.e 4 01tr v BTtiorrerordedCorp. infrom Leed.Eook1i57o�dPaRe 400 ancALand�acauiredtby e = F. !, Rena E. Hulver from C. L. Robinson Ice & Cold Stora-e Co: heed dated A,u,. 10 1948 anc recorded in Deed Book 20C -VPaye o 5t opE Lee A. Ebert COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 June 20, 2002 Mr. Rick D. Lafollette 219-A Round Hill Road Winchester, VA 22601 RE: VARIANCE 909-02 AND #10-02 OF RICK D. LAFOLLETTE Dear Mr. Lafollette: This letter is to confirm that the above -referenced applications were approved as amended by the Board of Zoning Appeals at their meeting on June 19, 2002. The approvals were as follows: Lot 27: 30-foot setback variance on the left side, and a 40-foot setback variance on the right side Lot 28: 40-foot setback variance on the left side, and a 30-foot setback variance on the right side The property is located on Stonewall Drive (Rt. 858) in the Stonewall Orchard subdivision, Lots 27 and 28 and is identified with Property Identification Number 5313-2-27 and 53B-2-28 in the Back Creek Magisterial District. If you have any questions regarding this action, please feel free to call this office. Sincerely, 1 - cv,�'-7KJ Patrick T. Davenport Zoning and Subdivision Administrator . PTD/ch cc: Building Inspections Jane Anderson, Real Estate O:\Agenda \BZA\APPR_DEN. LTR\Lafollette.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 • • COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 CIONITINIUPM CAI OF PUBS L Ir i-IEARH Ir June 5, 2002 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE #09-02 FOR STONEWALL ORCHARD, SECTION 2, LOT 27 VARIANCE #10-02 FOR STONEWALL ORCHARD, SECTION 2, LOT 28 On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, June 18, 2002, at 3:25 p.m., in the board room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This is a public hearing to consider the following two applications: Variance #09-02 of Stonewall Orchard Lots, Section 2 (Lot 27) submitted by Rick Lafollette for a 40-foot left and right side yard setback variances to create a buildable lot for the construction of a single-family residence. The property is located on Stonewall Drive (Rt. 858), Lot 27, and is identified with Property Identification Number 5313-2-27 in the Back Creek Magisterial District. Variance #10-02 of Stonewall Orchard Lots, Section 2 (Lot 28) submitted by Rick Lafollette for a 40-foot left and right side yard setback variances to create a buildable lot for the construction of a single-family residence. The property islocated on Stonewall Drive (Rt. 858), Lot 28, and is identified with Property Identification Number 5313-2-28 in the Back Creek Magisterial District. Any interested parties having questions or wishing to speak may attend this meeting. A copy of the application will be available for review at the Handley Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, a Patrick T. Davenport, CZA Zoning and Subdivision Administrator PTD/ch 0:WGENDASTZMADJOINER\2002 ADARICK LAFOLLETTE.WFD 107 North Kent Street • Winchester, Virginia 22601-5000 0 This is to certify that the attached correspondence was mailed to the following on Pj� - s -'n from the Department of Planning and Development, Frederick County, Virginia: 53B-1-5 & 6 53B-2-21 Glen & Mary Sauder Gregory Bishop P.O. Box 4071 219 Round Hill Road Winchester VA 22604 Winchester, VA 22602 53B-1-4 Rickie D. Lafollette Preston & Anna Whitacre 219A Round Hill Road 2131 Northwestern Pike Winchester, VA 22602 Winchester, VA 22603 53B-2-26 Thomas & Maxine Breeden 107 Stonewall Drive Winchester, VA 22602 53B-2-29 Timothy S. Butcher 113 Stonewall Drive Winchester, VA 22602 53B-2-23 & 24 Judy Puffinberger P.O. Box 113 P�j Winchester, VA 22604 Patrick T. Davenport, CZA Zoning and Subdivision Administrator Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK I, 1 rT 0 " if ) i-D I I , a Notary Public in and for the State and County aforesaid, do hereby certify that Patrick T. Davenport, Zoning and Subdivision Administrator for the Department of Planning and Development, whose name is signed to the foregoing, dated In ��(�, has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day ofi�.t My commission expires on D-B, Oan3 �k" ARY PUBLIC u COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 May 8, 2002 PUB l" HE'Al"WI lr TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE #09-02 FOR STONEWALL ORCHARD, SECTION 2, LOT 27 VARIANCE #10-02 FOR STONEWALL ORCHARD, SECTION 2, LOT 28 On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, May 21, 2002, at 3:25 p.m., in the board room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This is a public hearing to consider the following two applications: Variance #09-02 of Stonewall Orchard Lots, Section 2 (Lot 27) submitted by Rick Lafollette for a 40-foot left and right side yard setback variances to create a buildable lot for the construction of a single-family residence. The property is located on Stonewall Drive (Rt. 858), Lot 27, and is identified with Property Identification Number 5313-2-27 in the Back Creek Magisterial District. Variance #10-02 of Stonewall Orchard Lots, Section 2 (Lot 28) submitted by Rick Lafollette for a 40-foot left and right side yard setback variances to create a buildable lot for the construction of a single-family residence. The property is located on Stonewall Drive (Rt. 858), Lot 28, and is identified with Property Identification Number 53B-2-28 in the Back Creek Magisterial District. Any interested parties having questions or wishing to speak may attend this meeting. A copy of the application will be available for review at the Handley Library the week of the meeting, or at .the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, PC,��i��N� Patrick T. Davenport, CZA Zoning and Subdivision Administrator PTD/ch 0AAgendas\BZAWD70INER\2002 Adj\Rick Lafollette.wpd 107 North Kent Street • .Winchester, Virginia 22601-5000 • • This is to certify that the attached correspondence was mailed to the from the Department County, Vir nia: 53B - 1- - 6- aK4 5 SAUDER, GLEN R & MARY ANN PO BOX 4071 WINCHESTER, VA 22604.4071 53B - 1- - 4- WHITACRE, PRESTON R & ANNA G 2131 NORTHWESTERN PIKE WINCHESTER, VA 22603-3954 53B - 2- - 29- BUTCHER, TIMOTHY S. 113 STONEWALL DR WINCHESTER,VA. 22602-2277 following on of Planning and Development, Frederick 53B - 2- - 21- BISHOP, GREGORY A 219 ROUND HILL RD WINCHESTER, VA 22602-2229 53B .2- - 27. aM ke' LAFOLLETTE, RICKIE DOUGLAS 219A ROUND HILL RD WINCHESTER, VA 22602.2229 53B - 2- - 26- BREEDEN, THOMAS LEE & MAXINE E & BREEDEN, THOMAS T 107 STONEWALL DR WINCHESTER,VA 22602.2277 53B . 2- - 23. ajtd a-q- PUFFINBERGER, JUDY N. PO BOX 113 WINCHESTER,VA 22604.0113 Pou jn4 Patrick T. Davenport, CZA Zoning and Subdivision Administrator Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK I, ntm ►mn L:u j i , a Notary Public in and for the State and County aforesaid, do hereby certify that Patrick T. Davenport, Zoning and Subdivision Administrator for the Department of Planning and Development, whose name is signed to the foregoing, dated ff" i�). r�?Q7a has personally appeared before me and acknowledged the same in my State and County aforesaid Given under my hand this day of My commission expires on �. , -)0y3 TARY PUBLIC TO: Barbara in Data Pro FROM: Carol Huff - Plannin Please>print 2 - sets of la NAME ' S.; K _ M AaL' S A-VOC Z 38 - )� -- (� operty ID# NAME T2�-mw R . ? Atjw G ltiitfi� r,4c¢t;' Property IN 53F3 — (CI» NAME- N1 S. L� S- F3v r�bYL Property ID# 5 3 r3 — 2q NAME1-i �—• ® C Ay-t m Property IN NAME_,, i PV F-V:i Q F c`n-UEfL rrvu =�2D (r n 11 — � 2 % NAME Property ID# _ rj'2-;& C( NAME Property M# Property ID# NAME 61CI) 19-fLMCtryl7ltn _'Zt4olw . Property ID# kic ko- L A Fot I CT rE individuals, firms, or corporations owning being sought, including properties at the ect property. (Use additional pages if Address 'F 0 Bo)C L} ®"71 U•� 1 �i ( V� 'ZZ(cn y Address a i 31 pia w G �T X W4Wc, Vor 2:zic®3 Address I t'-_j k)AaVA� Address_ `®r] S1_0N i V JAk,.L °Dqn V i Q` - - \1P...-. Address P O 8,0, I -27 W I AJC . 1% 53AQ Ccz)j _z� �2�0� Address &rp t Q_ Q o 40 v.4�- -Zz.toZ Address -P. 2266 Address _ PD �GX � �� 1,C' V ,� ' •0 7 / r� 6'36-1-6� NAME Address Property ID# k(c.(C Lam(etfe PROPO.SFn Nnllc� /n�Ar,�,A, 1�lincG�Lst�r, � 27-601 u MEMORANDUM 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 To: Frederick County Board of Zoning Appeals From: Patrick T. Davenport, Zoning and Subdivision Administrator Date: June 7, 2002 RE: Submission of additional exhibits for , Variance requests 09-02 & 10-02 (Lafollete) Please find attached a revised proposed house location sketch and an architectural drawing of the proposed house plans. The applicant was instructed to provide these materials to the.Board of Zoning Appeals for further consideration of the subject variance requests. Thank you PTD CAMyFiles\BZA reports\Lafollete variance memo.wpd 107 North Kent Street - Winchester, Virginia 22601-5000 A Quaint Invitation • The front porch of this classic European - style home invites you into its updated, free -flowing interior. • Family and friends will enjoy a special dinner in the formal dining room; later, gather around the family room's fireplace for an evening of storytelling. • The breakfast nook's bay window lets sunshine warm you as you linger over coffee, croissants and the paper. • Upstairs, the master suite is enchanting. A 9-ft., 4-in. tray ceiling tops the sleeping chamber, while a 12-ft. vaulted ceiling, a lush oval tub and a walk-in closet enhance the private bath. • A bonus room above the garage provides expandable space for a fourth bedroom, a children's playroom or that home office that's on your wish list. • Conveniently located near the sleeping quarters, the neat laundry closet simplifies chores. Plan FB-5427-CAMO Bedrooms: 3+ Baths: 2/ Living Area: Upper floor 738 sq. ft. Main floor 767 sq. ft. Bonus room 240 sq. ft. Total Living Area: 1,745 sq. ft. Daylight basement 767 sq. ft. Garage 480 sq. ft. Exterior Wall Framing: 2x4 Foundation Options: Daylight- basement Crawlspace (A I plans can be built with your choice of foundation and framing. A generic conversion diagram is available. See order form.) BLUEPRINT PRICE CODE: B Garage 199 x 235 UPPER FLOOR 47'-10* Breakfast D.w I PAHM SLONc cuss DOOR UNIT Dining Room id' x 10° to Family Room I � cOATs 14 3 x 171 OPEN ' Foyer Covered Porch MAIN FLOOR ORDER CALL TOLL -FREE 1T 8B8N626� 026 Plan FB-5427—CAMD PRICES PAGES 12-15 105 LEGEND: / IRF = IRON ROD FOUND IPF = IRON PIPE FOUND / DF = DRAINFIELD BRL = BUILDING RESTRICTION LINE �p IRF 0 7.00, S 76�400" E olP -7,50p, DF o IPF j�tp 50 _BRL DF Qj DF Ate' ti 6 7M 5M-((2))-29 60• BRc �36 o° 77MOTHY S. BUTCHER & RI(^^KjE so• ry ry L SA K. BUTCHER O g 9 9 (AF0� T,i/ , 8 BRc `� D.B. 713, PC 805 p,Y899 R R/CKjE- 0 ((2)) 28 _� wEzce o �Q 959, o IPF 8 37'66 4854 ..00 LLB N 79 4 '00 p 82 70 - IPF DR4f- , * PROPOSED VARIANCE_ — 4RIf'l� FOR SIDE SETBACKS NOTES: 1. NO TITLE REPORT FURNISHED, EASEMENTS OTHER THAN SHOWN MAY EXIST. 2. NO PORTION OF THIS PROPERTY LIES WITHIN THE 100 YEAR FLOOD ZONE, PER FLR.M. COMMUNITY -PANEL # 51006J 0115 B, DATED JULY 17, 1978. J. BOUNDARY INFORMATION SHOWN HEREON IS PREPARED 50 0 50 FROM AVAILABLE RECORDS AND IS NOT PURPORTED TO BE A BOUNDARY SURVEY OF THE LOT OR ANY PORTION OF GRAPHIC SCALE THE BOUNDARY LINE. (SEE D.B. 242, PG. 587) (IN FEET) PROPOSED HOUSE LOCATION SKETCH TH OF LOT 27 & 28, SECTION 2 STONEWALL ORCHARD LOTS BACK CREEK MAGISTERIAL DISTRICT, FREDERICK COUNTY, WRGINM DARREN S. FOLTZ SCALE: 1" = 50' DATE: JUNE 5, 2002 N0.002257 GREENWAYYENGINEERING HELL LANE Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 662-4185 FAX: (640) 722-9628 Founded in 1971 www.greenwayeag.com 3182 SHEET 1 OF 1 BZA REVIEW DATE: May 21, 2002 VARIANCE #09-02 - STONEWALL ORCHARD LOT 27 VARIANCE #10-02 - STONEWALL ORCHARD LOT 28 (Submitted by Rick Lafollette) LOCATION: The property is located on Stonewall Drive (Rt. 858) in the Stonewall Orchard subdivision, Lots 27 and 28. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: Lot 27 - 53B-2-27 Lot 28 - 53B-2-28 PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Unimproved Residential ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land Use: Residential VARIANCE: The applicant is requesting a 40-foot left and right side yard setback variances (on lots 27 and 28) to create two buildable lots for the construction of two single-family residences. REASON FOR VARIANCE: The applicant states that he is using traditional five -acre lot setbacks and that no buildable area exists. STAFF COMMENTS: Lots 27 and 28 of Stonewall Orchard were recorded on October 1,1956 as illustrated on Exhibit "A". Lot 27 contains approximately 0.39 acres orl6,984 square feet and Lot 28 contains approximately 0.38 acres or 16,405 square feet. This property is within the RA (Rural Areas) Zoning District which requires the setbacks for Lots 27 and 28 to be: 60' for the front and 50' for the sides and rear. This requirement was established as an amendment to the Zoning Ordinance on August 9, 1993. Exhibit "B" is the proposed house locations sketch for both lots prepared by Greenway Engineering. As indicated, Lot 27 has 85 feet of road frontage and Lot 28 has 82.7 feet of road frontage. The rear of both lots are 75 feet in length. The applicant is seeking a 40' variance for the left and right sides of both lots. The applicant is able to meet the applicable front and rear setbacks. The applicant would 0 0 Rick Lafollette VAR #09-02 Page 2 May 6, 2002 have to meet all requirements of the Frederick County Health Department pertaining to sewage disposal regulations prior to obtaining a building permit for the proposed dwellings. When the relevant side setbacks are applied to Lot 27 and Lot 28, no buildable area exists. Other properties throughout the zoning district have the same setback requirements (when the adjoining uses are similar). However, in this instance, strict application of the ordinance produces an undue hardship approaching confiscation as a potential "regulatory taking." STAFF CONCLUSION: 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 approaching confiscation; 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. Since two of the criteria specified in § 15.2-2309 are met, granting this variance as requested would be justified. O:\Agendas\BZA\Staff Report\2002M& Lafollettempd %/"0" s36 Pu,, e 2 "7 F s3 R2FR A�F 23 F/�eF sae RGFR 2 2q 9 al al z�0 DD ;o ;u CD � h 2. O 00 -1 F9 /rt ■ Q (D O BRFEDEN FLETCHER 538 2 26 53B 1 7 LAFOLLET 538 SAUDER 53B 1 2 2T� g LAF 53g LLETTE SAUDER 538 1 5 2 28 BUTC WHITACRE HFR 538 5 38 1 q 2 29 i WHITACRE _538 1 3 obtaining possess. 0 EXHIBIT „All • ivertised for sale as above provided and n, y rcusun of refinancing or private sale; i the trustee shall be entitled to one-half of the commission above provided to be computed upon the amount of the indebtedness hereby secured, plus the expense of I) Isuch advertisement and reasonable expenses incident thereto. '1JITNESS the following signatures and seals: ROBERT BREEDEN (SEAL) EDNA BREEDEN (SEAL) STATE OF VIRGINIA, COUNTY OF FREDERICK, To -Wit: I, Kathleen R. Kline, a ivotary Public in and for the County of!'. (Frederick, State of Virginia, do hereby certify that ROBERT BREEDEN and EDNA BREEDEN, his wife, whose names are signed to the foregoing writing bearing date on the 22nd day of August, 1956, have this day personally appeared before me in my county afore said and acknowledged the same. My commission as notary public expires June 24, 1958. Given under my hand this 22nd day of August 1956. KATHLEEN R. KLINE Notary .ary u is 'ITRGINIA FREDERICK COUNTY, (9CT. This instrument of writing was produced to me on the 22nd day of August 1956 at 12:24 P. M. and with certificate of acknowledgment thereto anne was admitted to record. ##ifit?F?E s}#sE?}sEi}#?t?Ei:?}?t?t#?E?;•i'1E?E#?E#?:?i###iEiFi}?Ei'c?c?}#?HE?}.}E#iti}# #1271 iE C. L. ROBINSON ICE & COLD STORAGE CORP, ET ALS iE TO :: :: DEED OF DEDICATION ?} sE+Y•#iE?E+E?Ea=?}#iE?Eis##iEiE#i}#t}##iEiE###?E##its: •tc##tr?HE#irt�}i}iE?E?E#;E THIS DEED OF DEDICATION made and dated this 6th day of August, 1956, by the C. L. ROBINSON ICE & COLD STORAGE CORPORATION, a corporation organized and existing under the laws of the State of Virginia, and RUSSELL F. HULVER AND RENA E. HULVER, his wife. WHEREAS: The C. L. Robinson Ice & Cold Storage Corporation i the oaner in fee simple of a certain parcel or tract of land lying to the South of U. S. Route 50, approximately two miles 'Nest of the City of Winchester, Virginia in Shawnee Magisterial District of Frederick County, Virginia, which tract contain Six and Ninety -Three Hundredths Acres (6.93), and is desirous of making certain improvements thereon by the laying of streets and the sub -division of said land; WHEREAS: The said Russell F. Hulver and Rena E. Hulver, his wife, have agreed with The Robinson Corporation to join in the execution of this Deed of Dedication for the purpose of dedicating a strip of land Four Feet in wid running along the Western boundary of a lot of land owned by them and designated as Lot No. 12,0ch strip of land comprises the EasterDi Four Feet of the stree shown as Stonewall Drive on the hereinafter mentioned plat for a depth of approxi- mately Three Hundred and Two (302) Feet from the intersection of Stonewall Drive lwith U. S. Route 50; and MEREAS: There has been prepared a plat of said realty by Lee A. Ebert, Certified Surveyor, dated June 8, 1956, containing a certificate by him setting forth the source of title of the owners and the place of record of the last instrument in the chain of title, which plat is attached hereto, incorporated and made a part of this dedication; and I AS: A description of the land herein mentioned by metes and bounds is as follows: Beginning at a stake at the intersection of the southern highwa;,, boundary line of the Northwestern Grade with the western boundary line of Stonewal Drive, a corner to Lot 13, running vjith .the said highway boundary line N 70` 45' E - 40.1 Ft. to a stake at the intersection of the said line with the eastern boundary line of Stonewall Drive; thence with the said boundary line, a new western line of the said Hulver Lot 12 - S 15' 35' E - 295.1 Ft. to a stake at the point of angle in Stonewall Drive; thence S 16' 08' E - 7 Ft. to a stake corner tc Lot 25, also thu new corner to Hulver's Lot 12; thence with the three following lines of the said Lot, 25 - N 720 41' E - 45.4 Ft. to a stake; thence N 74` 11' E - 50 Ft. to a stake; thence N 850 56' E - 100 Ft.,to a stake corner to Lot 26; thence with a line of the said Lot 26 - S 80' 49' E - 49.5 Ft. to a stake; thence with aline of Lots 26, 27, 28 - and 29 and crossing the 18 Ft. Reserve Strip S 76' 34' E 422.07 Ft. to a stake in, a line of the 111. J. Lockhart Land; thence with the said line S 39` 41' 'N - 631.4 Ft(I to a stake corner to Lot 24, a corner to the Fred Robinson land; thence with the sa d line the rear lines of Lots 24, 23, 22, 21, 20A, 20 and 19 and crossing the 15 Ft. Alley N 55` 30' W - 589.5 Ft. to a stake corner to Lot 18; thence with the north- western lire of the said Alley N 42' 10' E - 296.1 Ft. to a stake at the intersects n of the said line with the western boundary line of Stonewall Drive; thence with the said boundary line N 15` 35' 'N - 293.1 Ft. to the beginning, containing 6.93 Acres, according to a survey made by Lee A. Ebert, Certified Surveyor, on June 8, 1956; an M11 REAS: The foregoing parcel of land, as hereinabove describ d, and as it appears on the plat hereto attached, is made with the free consent and in accordance with the desires of the undersigned owners. NOW, THEREFORE, in consideration of the premises, the under- signed owners and proprietors do hereby dedicate for public uses and purposes the use as designated on said plat. CIITNESS the following signatures and seals on -the day and year first herein mentioned. (SEAL) C. L. ROBINSON ICE & COLD STORAGE CORPORAT Attest: By: C. A. ROBINSON, President H. D. ROBINSON RUSSELL F. HULVER (SEA Seely.-Treas. RENA E. HtiLVER (SEA STATE OF VIRGINIA CITY OF WINCHESTER, to -wit: I, Katherine L. Mantz, a Notary Public in and for the City an State aforesaid do hereby certify that C. A. Robinson and H. D. Robinson, Presiden and Secretary, Respectively, of The C. L. Robinson Ice & Cold Storage Corporation, whose names, as such, are signed to the foregoing instrument in writing, bearing date the 6th day of August, 1956, and Russell F. Hulver and Rena E. Hulver, his wife, whose names are also signed to the foreggoing instrument, have all this day personally appeared before me and acknowledged the same in my City and State afore said. Given under my hand this 6th day of August, 1956. Yy commission expires 9/29/57. (SELL) KATHL'KINE L. MANTZ iJo ary Public JUNE 11. IYSO • APPROVED FOR FREDERICK CO. • APPROVED FOR VA. DEPT. ROAAD OF SUPERVISORS r R hx o OF HIGHWAYS- Ry - C.M. ROSENSEROER. CHAIRMAN r NO 9 • RY- C.H. COFFMAN. RES. ENM r � � � '6 O APPROVED SY COMMON COUNCIL, CITY � r v r <u in_ 1 ti OF WINCHEST ER, VA.,, AUG. IA. MSS 3. = S.L. GRANT, CITY MANAGER o : w o r c W. J. LOCKH4RT a 02 0 E0 Ie 2 N S z z 20.07 18' ERVE 20. 65' LAND w y s x STRIP N �Qo4I S p NI n w E- 22S.3' 39 41 W- 3 _♦ s ay y i - 4 ^' kP 29 J O , 24 a � / - k N36• 451 E N LA W 591 V� 2d' lt 3 2 4 6 0 a p Z S 2 Og . a �� 2 3 N ,Oo ` °' O �, / rn S 330 35 1 W y A 22e 50 E 289. 7 m Ir N 3 a(I\ tr 22 / v 2t4 • �r • 32� E 1P 2�1 p N 29 U• 1c�r S 2 5e p9� W 2552 Ow i C 0 2 2 p. 1 t^ �r_ Z y p 60 451 W Ln O s m 26 5 2 226 m z a 0e a s 2 0 A w o a o z m 34 I • / 2 2 5 IV 40 • r �o IS 3 0' f z O / �sR O� 7 17 a S % O o° 20 b 5 466 O y ib S �l 3 o p 6, In m o`m c H ?•i�sp. AID �23. q W ` o d O mwyc� I Cb1 m y0 / Ai.h `0 19 lTl m • a k I-•• '1 �� N o 01 kr 42 PJ�IT.sa lotE - 284.85' A oa x r• �n O 1 � `~ •Ms o .� c� NC t'Io p m a t-• m r• � / 13/14 j ID is 17 / 18 410 o l�31�> Pv ti4� / STONEWALL OR C3 or m HARD w n N t- PD �� / L 07� NO. 1 ~ PD � y t'vo a� O „J 0 y e y�mcwO y-.)" °Jh m `m R. y o v kFST `oo R, o r CL o cn p13 rn d o `SO Cq H `C 40F Cy - Cow COD p 1-4 C7 mot' m CD in, Si° C7 r• m m t- cr t-+ W n fn m • ,1' 9 o o z P, H. o I -•la, ;�oO STONEWALL ORCHARD LOTS NO. 2 cn X, a n o a, Ncncoo ".a:• SOUTH OF NORTHWESTERN GRADE m 0 to m O m y rTo r- av, U. S. 50 `t I P yinZ o SHAWNEE DISTRICT " ID m C FREDERICK COUNTY, rM. ''d In n, d I-1 � W ,. a 1" a CT7 n d 100' - JYNE •, ISSS • m N m O y LEE A. EBERT. C. L S. Od V c7y N n F o • dw CD h-'O U m N a M N VIRGINIA FREDLRICK COUNTY, (SCT. This instrument of writing was produced to me on the 22nd day of August 1956 at 1:10 P. 111. and with certificate of acknowledgment thereto annexed was admitted to record. CLE NAY-09-02 5:19 FROM-GREENWAY ENGINEERING a C • Exhibit "B" Lord Fairfax finvironinerit 107 N. Kent St. P. O. Box 2056 Winchester, Virginia 22604 (540) 722-3480 FAX (540) 722-3479 Counties of Clarke, Frederick, Page, Shenandook Warren, and City of Winchesier March 21, 2002 LAFOLLETTE, Rickie D. 219-A Round Hill Rd. Winchester, VA. 22601 Subject.: Application 1D #40424 Map # 53B-2-2B Stonewall Orchard, Lot 2B Dear Mr. Lafollette: This letter is issued in lieu of a sewage disposal system construction permit in accordance with §32.1-164 H. of the Code of Virginia. The application far a certification letter was submitted pursuant to §32.1-163.5 of the Code of Virginia which requires the Health Dep&-tment to accept private soil evaluations and designs from au Authorized Onsite Soil Evaluator (AOSE) or a Professional Engineer working in consultation with an ROSE for residential development. The site for an individual onsite sewage system was certified as being in compliance with the Board of Health's regulations (and local ordinances if the locality has authorized the local health department to accept private evaluations for compliance with local ordinances) by: David Racey, AOSE4139, (662-4185). This letter is issued in reliance upon that certification. The Board of Health hereby recognizes that the soil and site conditions acknowledged by this correspondence, and documented by additional records on file (including those by a private Authorized Onsite Soil Evaluator, David Racey AOSE#139, (662-4185)) at the local health department, are suitable for the installation of an onsite sewage disposal system.. The attached plat shows the approved area for the sewage disposal system. This letter is valid until a permit for construction is issued, the system is installed, inspected and approved. This letter is void if there is any substantial physical change in the soil or site conditions where the sewage disposal system is to be located. A permit to construct the sewage disposal system must be issued before construction of the system. If the property owner (current or future) applies for a construction pernut within 18 months of the date of this letter, the application fee paid for this letter shall be applied to any state fees for a pernvt to construct a system. After 18 nionths, the applicant is responsible for paying all state fees for a construction permit application. MAY-09-01 1 :19 FRCM-GREENWAY ENGINEERING P.0 5407229528 T-245 P 003/00' F-65T 40424 This letter, and attached plat, showing the specific location of the sewage disposal system area and well area (if applicable), must be recorded in the land records by the clerk of the circuit court in the jurisdiction where all or part of the site or proposed site of the system is to be located. The site shown on the plat is specific and must not be disturbed or encroached upon by any construction. To do so voids this letter. Upon the sale or transfer of the land that is the subject of this letter, the letter shall be transferred with the title to the property. Future owners are advised to review the plat for the location of the onsite sewage disposal area to make sure their building plans do not interfere with the area. If they have any questions regarding the location of the area, they should contact the AOSE or PE identified above prior to contacting the local health department for assistance. The area certified by this letter is suitable to accommodate a two bedroom house using a systern design of 300 gallons per day. The property will be served by a private water supply as shown on the attached plat. This letter is an assurance that a sewage disposal system construction permit will be issued (provided there have been no substantial physical changes in the soil or sit -- conditions where the system would be located); however, it is not a guarantee that a permit for a specific type of system will be issued. The design of the sewage system will be determined at the time of application for a building permit and sewage disposal system construction permit. The design will be based on the site and soil conditions certified by this letter, structure size and location, water well location (final determination to be made at time of permit issuance), the regulations in effect at the time, and any off -site impacts that may have occurred since the date of the issuance of this letter. In some cases, engineered plans may be required prior to issuance of the construction pertnit. In accordance with §32.1-164.1:1 of the Code of Virginia, owners are advised to apply for a sewage disposal construction permit only when ready to begin construction. This site is approved for an alternative system only. Plans and specifications from a qualified person must be submitted by the owner or ageni and approved by the health department before a construction permit can be issued. Sincerely, (Z. Doug Dailey Environmental Health Specialist Senior Attachu cut MAY-09-02 5:20 FRCM-GREENWAY ENGINEERING ?.0 540T229528 T-245 P 004/G07 F-65T • 0 40424 Certificate of Acknowledgment: County of Commonwealth of Virginia I certify the information provided herein is true and accurate to the best of my knowledge and belief. — &n�z� --- Environmental Health Specialist Senior The foregoir;g instrument was acknowledged before me this c) � day of 20Q. Notary Public My commission empires: County of Commonwealth of Virginia I authorize this certification letter be recorded in the grantee index cf the Clerk of the Circuit Court of County under my name. The foregoing instrument was acknowledged before me this day of 20 , by J -- Notary Public My commission expires: MAY-09-02 5:20 FROM-GREEMWAY ENGIN EKING :1 C 540T229528 i-245 P OWNT F-65T - Lord Fairfa nvironmentai heaitrOjistrict 107 N. Kent St. P. O. Box 2056 Winchester, Virginia 22604 (540) 722-3480 FAX (540) 722-3479 Counties of.- Clarke, Frederick, Page, Sherandooh. Yyiarren, and City of Winchester March 21, 2002 Rick Lafollette 219-A Round Hill Road Winchester, VA 22601 Subject: CER'I'IF'ICATION LETTER Application 1D # 40423, Tax Map # 53B-2-27 Stonewall Orchard Lot 27 Dear Mr. Lafollette: This letter is issued in lieu of a sewage disposal system construction permit in accordance with §32.1-.164 H. of the. Code of rirginia. !The application fora certification letter was submitted pursuant to §32.1-163.5 of the -Code of Virginia which requires the Health Department to accept private soil evaluations and designs from an Authorized Onsite Soil Evaluator (ROSE) or a Professional Engineer working in consultation with an AOSE for residential development. -rhe site for an individual onsite sewage system was certified as being iu compliance with the Board of Health's regulations (and local ordinances if the locality has authorized the local health department to accept private evaluations for compliance with local ordinances) by David Racey, AOSE # 139, (540) 662-4185. This letter is issued in reliance upon that certification. The Board of Health hereby recognizes that the soil and site conditions acknowledged by this file correspondence, and documented by additional records orle (including those by a private Authorized Onsite Soil Evaluator, ROSE, Datiid R=,y, # 139) at the local health, department, are suitable for the installation of an onsite sewage disposal system. The attached survey plat shows the approved area for the sewage disposal system and well. This lerter is valid until a permit for construction is issued and the system is installed, hispected and approved. This letter is void if there is any substantial physical change in the soil or site conditions where the sewage disposal system is to be located. A. permit to construct the sewage disposal system must be issued,before construction of the U,stem. - If the property owner (current or future) applies. fora construction perruit within l 8. months of the date of this.letter, the application fee paid for this letter shall be applied to any state fees for a permit to construct a system. After 18 months, the applicant is responsible for paying all state fees for a permit application- lulftA 3 r OY-09-02 1 :21 FRC14-GREENW4Y ENGINEERING P C 540TZZ95ZB T-245 P 006/307 F-65T • Health Departtneat ID 9 40423 This letter and attached survey plat must be recorded in the land records by the lerk of the circuit court in the jurisdiction where all or part of the site or proposed site of the system is to be located. The site shown oil the plat is specific and must not bed sturbed ogre encroachis ed upon by any construction. To do so voids this letter. Upon the sale o r transfer of subject of this letter, the letter shall be transferred with the title to the property. Future owners are advised to review the plat for the location of the onsite sewage disposal area to make sure their building plans do not interfere with the area. If they have any questions regarding the location of the area, they should contact the AOSF- or PE identified on the previous page prior to contacting the local health department for assistance. The area certified by this letter is suitable to accommodate a three -bedroom house using a system design of 450 gallons per day. The property will be served by a private water supply as shown on the recorded survey plat. This letter is an assurance that a sewage disposal system consMction permit will be issued (provided there have been no substantial physical chances in the soil or site conditions where the system would be located); however, it is not a guarantee that a permit for a specific type of system will be issued. The design of the sewage system, will be determined at the time of application for a building permit and sewage system construction permit. The design will be based on the site and soil conditions certified by this letter, structure size and location, water well location (final determination to be made at time of permit issuance), the regulations ua effect at the time, and any off -site impacts that may have occurred since the date of the issuance of this letter. In some cases, engineered plans may be required prior to issuance of the construction permit. In accordance with §32.1-164.1:1 of the Code of Virginia, owners are advised to apply for a sewage disposal construction permit only when ready to begin construction. Sincerely, Reviewed by, C: Steve Lee Emmett Bruce Wampler Environmental Health Specialist Senior Environmental Health Supervisor Po; David Racey, AOSE 4 139 MAY-03-02 '5:21 FRCM-GREENWAY EN11 ING ?.0 540T229528 • 7-245 P 007/307 F-657 Certificate of Acknowledgment: March 21, 2002 County of Frederick Commonwealth of Virgijda 1 certify the information provided herein is true and accurate to th;, best of my knowledge and belief. ' Environment ealth Specialist enior The forego' g instrument was acknowledged before me this ____ day of Notary Public Iw1y commission expiues:---- County of Commonwealth of Virginia I (we) authorize this certification letter be recorded in the grantee index of the Clerk of the Circuit Court of Frederick County under my (our) name. The foregoing instrument was acknowledged before me this day of by. Notary Public My commission expires: • 0 le 1 of s APPLICATION FOR VARIANCE RECEIVEL IN THE COUNTY OF FREDERICK, VIRGINIA APR 1 9 2002 MUST BE TYPED'OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant 1s the owner other (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: 12tLK t„PtFo .-`TTc ADDRESS =;? 19 -.4 Vc ,, N f) lie u-ZAO j i w c.� Te8L _ J h—214*01 TELEPHONE: - NAME: ADDRESS: TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): Izrc- V57B I 4. The property has a road frontage of 10.77 feet and a depth of feet and consists of Y j.p acres. (please be exact) 5. The property is owned by i C� IL .) . t_,+F b C_l..C-rr1C as evidenced by deed from Ei-1 -z",._�t 4A/" *dpfjLM;jrecorded (previous owner) in deed book no. �� on page of the deed books of the Clerk of the Court for Frederick County. Attach a copy of the deed. Page 2 of 5 6. Magisterial District: ` Z'7 7. 14-Digit Property Identification No.: 5a> 5 (C Z) 8. The existing zoning of the property is: 9. The existing use of the property is: VAc�*YT 10. Adjoining Property: ULE North �`�- �LA East 2-E-5.1 th`�'t1 vkt- i2 A South IZxS �>CNt00— — A West � ,� Qe�1TIA V P 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.") j 0 �'fitT� � S mi hcfvo I Voll'oot 140, 5/4"Os 7 ✓r h14A ! -F. 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 y 13. Additional comments, if any -I � • The following names and addresses are all of the individuals, firms, or corporations owning ,perty adjacent to the property for which the variance is being sought, including properties at the slues, rear and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notifd by mail of this application: AddresVJ NAME &� t_El� P. . , Property ID# -7-SC,00 4 NAME `�ru�tot.G IYt,3oJ G WV rIk(,2C- Address t 1 tv6r fi� '�'►2 �i xk Property ION NAME"fii M S. �t l .r S �U '�-� �=Y2— Address Property ID# `� r3--(�?-)� A� NAME 'TOP-� 1-- • ®?A n�� e e Address Property ID# 5 "5 B NAME u ®: �! �—t=� c� i ��--��iZ Address Q � 1 l �s-'VC. V14 Property ID# 5 `^ C( 12—)) m— 2. 3 53 -- CC'Z)) zy- NAME �-� - ( i-' Address 246 i?� �p !� ► �Lo Ux3 Vet- Property ID# ail "`� i NAME Property ID# Address NAME Address. Property ID# NAME Property ID# NAME Property ID# Address Address �sofs RECEIVED AGREEMENT APR 19 ZOOZ VARIANCE# - -02-, MR OF PL.ANNINGIDEVELOPMENT 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-" DATE SIGNATURE OF OWNER (if other than applicant) -OFFICE USE ONLY- DATE BZA PUBLIC HEARING OF 00.2— ACTION: - DA i- APPROVAL '- C�' SIGNED: r AL 2-4- B CHAIRMdN APPROVAL �h �� 09- 02 DENIAL DATE: *10-02- DENIAL 0 • -------- - -------- 0 ------------ 10,7"Ola 4 LEGEND: IRF = IRON ROD FOUND IPF = IRON PIPE FOUND / DF = DR INFIELD BRL = BUILDING RESTRICTION LINE / / DIRE 75 , S 76� a I4 00 4 40 OIPF >500, DF a 01PF 0 S=BRA OF ry 46 V (V A.,- `` , ?�V �• a °. '° ry mobDF . b LA3 71/ 53B-(i2))-29 nMOTHY S. &RCHER & ID 27c USA K. BUTCHERD.B. 713, P& 805 959CLCE j53B 28. / l 8 p99ACRES D.B, 90zj%j IPF EZC? 0.3766 A� 4 85.00' 0 w'fzz 0 A(7gIRF• 5,00. H, 82. 70' !P ORNE 40 PROPOSED VARIANCE R FOR SIDE SETBACKS NOTES: 1. NO TITLE REPORT FURNISHED, EASEMENTS OTHER THAN SHOWN MAY EXIST. 2. NO PORTION OF THIS PROPERTY LIES WITHIN THE 100 YEAR FLOOD ZONE, PER F.I.R.M. COMMUNITY —PANEL # 510063 0115 B, DATED JULY 17, 1978. J. BOUNDARY INFORMATION SHOWN HEREON IS PREPARED 50 0 50 FROM AVAILABLE RECORDS AND IS NOT PURPORTED TO BE A BOUNDARY SURVEY OF THE LOT OR ANY PORTION OF GRAPHIC SCALE THE BOUNDARY LINE. (SEE D.B. 242, PG. 587) (IN FEET) PROPOSED HOUSE LOCATION SKETCH TH LOT 27 & 28, SECTION 2 STONEWALL ORCHARD LOTS BACK CREEK MAGISTERIAL DISTRICT, FREDERICK COUNTY, WRGINIA ARREN S. F LTZ SCALE: 1" = 50' 1 DATE: APRIL 19, 2002 No.002257 GREENWAYYENGINEERING HELL LANE Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: (640) 662-4185 FAX: (540) 722-9526 Founded in. 1971 www.greenwayeng.com 3182 SHEET 1 OF 1 LEGS D: IRF = IRON ROD FOUND IPF = IRON PIPE FOUND / DF = DRAINFIELD BRL = BUILDING RESTRICTION LINE !� ' CT o i IRF 0 7, .00, S 76�4OOp E �O o IPF g 500, OF o o IPF 50 �19RI DF �O �p S)• �co /ry P, DF �. Tel &V-((2))-29 e R� o°' nAO07HY S. BUTCHER & R/CK/E�)-27 s R� o � USA K. BUTCHER Da 9 B D.B. 71J, PG. 805 99 R/BK/E p)) 28 o wEGca p�j 9 p IPF'ft^ 66 ACRES . 85.0p, o wee 0 N 7g• IRF IPF oo 40' * PROPOSED VARIANCE — _= FOR SIDE SETBACKS _ NOTES: — 1. NO TIRE REPORT FURNISHED, EASEMENTS OTHER THAN SHOWN MAY EXIST. 2. NO PORTION OF THIS PROPERTY LIES WITHIN THE 100 YEAR FLOOD ZONE, PER F/.R.M. COMMUNITY -PANEL # 510063 0115 B, DATED JULY 17, 1978. J. BOUNDARY INFORMATION SHOWN HEREON IS PREPARED 50 0 50 FROM AVAILABLE RECORDS AND IS NOT PURPORTED TO BE A BOUNDARY SURVEY OF THE LOT OR ANY PORTION OF GRAPHIC SCALE THE BOUNDARY LINE. (SEE D.B. 242, PG. 587) (IN FEET) PROPOSED HOUSE LOCATION SKETCH OF LOT 27 & 28, SECTION 2 STONEWALL ORCHARD LOTS BACK CREEK MAGISTERIAL DISTRICT, FREDERICK COUNTY, WRGIN/A DARREN S. FOLTZ SCALE: 1" = 50' 1 DATE: APRIL 19, 2002 No.002257 GREENWAY WINDYENGINEERING HILL LANE Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 662-4185 FAX: (540) 722-9628 aundsd in 1971 www.greenwayeng.com 3182 SHEET 1 OF 1 LEGEND•' / IRF = IRON ROD FOUND IPF = IRON PIPE FOUND DF = DRAINFIELD BRL = BUILDING RESTRICTION LINE 4 :Z%� h Vh� 4V o• � v , IRF 0 750 0 ' S 76�PFOp E Grp O I 75 00' DF vim, OIPF 0 �b► j�v � � =BRL DF `ry �hAry Illy..O°'/ ry O TM &V-ii2» 60 h77MOTHY S BUTCHER & lQ/C E 38 ((2JJ-27 6 R� .� � LISA K. BUTCHER D,6 959 LAFp(� 7U ,3B O.B. 713, Pa 805 0.3�899 R o/BK/E 10 28 6'6 AC IPF 85 ►� w� � RE5' � 0 /V 0 7g IRF g2.7p' IPF _ STCN oo 'ORI14- 40' R ` PROPOSED VARIANCE FOR SIDE SETBACKS NOTES: 1. NO TITLE REPORT FURNISHED, EASEMENTS OTHER THAN SHOWN MAY EXIST. 2. NO PORTION OF THIS PROPERTY LIES WITHIN THE 100 YEAR FLOOD ZONE, PER F L R. M. COMMUNITY -PANEL # 510063 0115 B, DATED JULY 17, 1978. 3. BOUNDARY INFORMATION SHOWN HEREON IS PREPARED 50 0 50 FROM AVAILABLE RECORDS AND IS NOT PURPORTED TO BE A BOUNDARY SURVEY OF THE LOT OR ANY PORTION OF GRAPHIC SCALE THE BOUNDARY LINE. (SEE D.B. 242, PG. 587) (IN FEET) PROPOSED HOUSE LOCATION SKETCH Ho LOT 27 & 28, SECTION 2 0 1 STONEWALL ORCHARD LOTS , BACK CREEK MAGISTERIAL DISTRICT, FREDERICK COUNTY, ORGINIA DARREN S. FOLT SCALE: 1" = 50' DATE: APRIL 19, 2002 No.002257 GREENWAYYENGINEERING HIII LANE Engineers WINCHESTER, VA. 22602 ,SjJ�V v Surveyors TELEPHONE: (540) 662-4185 $� FAX: (540) 722-9528 Funded in 1971 www.greenwayong.com 3182 SHEET 1 OF 1 r/9®0 BK959{'G0854 AT�SA f THIS DEED, made and dated this L day of March, 2000, by and between ELIZABETH TNN HAMILTON, Widower, party of the first part, he einafter called Grantor, and RICKIE DOUGLAS LAFOLLE= party of the second part,, hereinafter called Cranr_ee.. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), and other good and valuable consideration, i the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey with General Warranty of title, in fee simple,,,unto Rickie Douglas Lafollette, together with all rights, privileges and appurtenances thereto belonging, all of those certain lots of land, together with the improvements thereunto 0 belonging, situate in Shawnee Magisterial District of Frederick County, Virginia, designated as Lots Nos'` 27 & 28, Stonewall Orchard'Lote No. 2 as shown on that c rtain plat of Stonewall is Orchard Lots No. 2, prepared by Lee A. Ebert, C.L.S., dated June 8, 1956, which plat is of record in the Office of the Clerk for the Circuit Court of Frederick County* Virginia, in Deed Book 242, at Page 587, to which plat a reference is here made for a more particular description of the lots hereby cony d. Being the same parcels of real estate convey unto Walter` . Hamilton and Elizabeth Ann Hamilton, joint'.y, with common law right of survivorship, by deed dated the 15th day of April, 1968 from The C. L,, Robinson Corporation, of record in the aforesaid Clerk s Office in Deed Hook 348, at Page 542to which reference is hereby made to the aforesaid instru ntm and the references A therein contained for a further and more particular description Ott,i„ A..'Sx" ' , � 3 BK959100855 of the properties herein conveyed. Walter M. Hamilton having died intestate on January 23, 2000 and the aforesaid real estate having passed to Elizabeth Ann Hamilton by the survivorship clause in the aforesaid Deed. Reference i, hereby made to the aforesaid instruments and the :! referencea therein contained for a further and more particular 'i description of the realty herein conveyed. Yx 41 The conveyance is made subject to all duly recorded and (' enforceable restrictions, easements and rights of way. r; -'� The Grantor covenants that she has the right to convey said real estate to the Grantee; that the Grantee shall have quiet and peaceful possession of said real estate; and that the Grantor i•. will execute such further assurances of title as may be s' requisite. WITNESS the following signature(s) and seal(s): r r ('� Q wr✓Ct..,. c.u. (S EAT. ) ii •. ELFIEABETH ANN HAMILTON, Grantor IST IRGINIA e ' f. to -wit: oregoing Deed bearing date the let day of March, 2000, + was acknowledged before me by Elisabeth Ann Hamilton. "- My Commission expires: �a8 NotaryPublic ' This instrument was prepared by Clinton R. Ritter, Esq., 20S E. Boscawen St.,Ninchester, VA 22601, without the opportunity of a title examination. VIRGMA:T'RCDOUCKCOUNTY. SCT. Tbk Varun+eat of nel "wW Pf OKed to we as gat rnd %"ih.%nifkarc M rcLn .kJVmKrt thot4r aaww vim adaritied in rcaxJ. Ta rnpa" toy S3A 1-W d f 10 " . and MI M I have f)eea Paid, K NNUaW v if Ocrk Va., 16, ��••r.Y JAI . , rm a .�=Y=�r 1. -a' '• _.�.� .. VINCNIiTRa. rALO[�KR rT 0opp1 f4soN Is♦ PONT" - poelLAN 0 t VMIGIciTia. MMIo1w1A f p t 0 M J l� 1Wa it, IAre o ar►"vco rep sank TANKS ss' SOW •= � , ae sI-a:.ea to s• e .IIo.Ncr {JRrMO. •Q, d 7 d• i' • g rn auI4W uwc s •. Z' ion rlltlAN e+ MaeN w o O w aAIIITAO" A J oA.L. LINVALL u"$ALL. Ms.. ItJ:�ilaToa � O iM � O a _ fa ° �_ .. _ dIVA Ir �� J t Ors ` V r A N �1• � N \ O \ � ` � \ ow IVQ i0 w r � O tw N 48 of CA in wd s v N wP i [ i i a • y �w ` } `o I had• Ito ``As 1s q N N M M • 61 • ` �O ' 4v'In •! d w o fi; :be �win c r ®' • l\' • �� s t�� land s„om� 1:in 1� • e N 0 \ �O� I I1E"vbj iE"Yi.� «IAt C- j. :i^Jb:RSOt1 14 • aenuired by -en' o ac a this `.•ub•Liviaiop is the �' oohs "ife Dv Uecd csted �' r► 9 9 !'ZOwaRe Corp. :FOa L.tieill a. a 40,0 anc Lane -acr.u:"=+j sa; s �M►• e��Ic reco�ed in Lsed�.,00k 1:7 ':o,,io:on Ice ! Coi: e . u o• ?- a ;1lAa r. r��;rer _:'o... C. j•• +: r.:ea in Deeb n:ak c�u • . • i weed I:a ;ed ;.vs. la, 8 enc• r. o lee .:.oar' = ® t �r� C. O A � 1 FILE COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 MEMORANDUM TO: Finance Department FROM: Karen A. Cain, Receptionist/Office Assistant II SUBJECT: Return Of Sign Deposit DATE: June 25, 2002 The amount of $100.00 was deposited in line item 0-010-019110-0008 for the person named below as a deposit for two signs for Variance Applications #09-02 and #10-02. They have now returned the signs and are therefore entitled to the return of their deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $100.00 to: RSA/kac Mr. Rick Lafollette 219-A Round Hill Road Winchester, VA 22601 107 North Kent Street - Winchester, Virginia 22601-5000