HomeMy WebLinkAbout15-02 Glen Borror Lots (Lot 61) - 76-5-61 - Shawnee - BackfileBOARD OF ZONING APPEALS
Variance Request Tracking Sheet
Date:
-2Z' _ File opened
Reference Manual updated/number assigned
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One B&W location map requested from GIS
Two sets of labels requested from Data Processing
File given to Renee' to update Application Action Summary
MEETINGDATE: FINAL ACTION:
CLOSE OUT FILE:
V/" Approval (or denial) letter mailed to applicant/copy made for file
File stamped "approved", "denied" or 'withdrawn"
(/ Reference Manual updated
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U:\Carol\Common\TRACKING. BZA
Revised 05/25/01
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RECEIPT
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MONEY ORDER
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CREDIT CARD❑
0,FRIEDERICK
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TO-
Finance Depaitment
FROM.
Karen A. Cain, Office Assistant 11 1A
SUD—JECT:
Retum. Of Sign Deposit
LE, _
DAY
Oc tbber 22, 2002
The atno w3t of $150.00 was deposited in line item #3-0.10-0191 10-o-OUS for the business named
below as a deposit for three sighs for Varian.ce Applications 14-02,15-02, and 16-02 for lots 59,61,
and 63 of Glen horror. 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 $I so.00 to:
RSA/I(ac
`0
JASBO, Inc.
P.O. Box 480
Stephens City, VA 22655
1-07 North Kent SAy,eet ' Winchester, Virgin! is 22601.5000
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THIS DEED OF DEDICATION, made and dated this 18" day of September, 2002,
by and between GLENN M. BORROR and HATTIE P. BORROR, his wife, parties of the
first part, hereinafter called "Grantors"; THE COUNTY OF FREDERICK, VIRGINIA,
party of the second part; and FRED L. GLAIZE, III, JASBO, INC., a Virginia corporation,
and JENI COMPANY, a Virginia corporation, parties of the third part.
RECITALS:
A. The Grantors are the owners of Lots 54 through 63A, inclusive, as more
particularly set forth on that certain Final Boundary Plat of the Land of Glenn M. Borror &
Hattie P. Borror, dated October 12, 2001, drawn by Dairen S. Foltz, L.S., which plat is
attached to that certain Clarification of Subdivision Deed dated November 30, 2001, of
record in the Clerk's Office of the Circuit Court of Frederick County, Virginia as Instrument
No. 010016856 (the "Original Lots")
B. The Grantors have adjusted the boundaries of the Original Lots and consolidated
the same so as to create Lots 1, 2, 3 and 4 (the "Consolidated Lots") as shown on that
certain Final Plat for Boundary Line Adjustment Between the Lands of Glenn M. Borror &
Hattie P. Borror, dated June 13, 2002, a copy of which is attached hereto and incorporated
herein by reference as if set out in full (the "Boundary Line Adjustment Plat")
C. The adjustment of the boundaries of the Original Lots so as to create the
Consolidated Lots has been approved by County of Frederick, Virginia and other regulatory
agencies as noted on the Boundary Line Adjustment Plat.
D. The Grantors hereby impress upon the Consolidated Lots those certain building
restriction lines, buffers, private sewer easements, proposed sanitary sewer easements, and
other matters as set forth on the Boundary Line Adjustment Plat, as more fully set forth
hereinafter.
NOW, THEREFORE, THIS DEED OF DEDICATION WITNESSETH: That for and
in consideration of the premises and the benefits which will accrue by reason of this
Dedication, the Grantor does hereby:
1. The Recitals are incorporated herein by reference and made a material part hereof
as if set out in full.
2. The Grantor does hereby adjust the boundary lines and consolidate the Original
Lots so as to create Lot 1 containing 21,935 square feet, Lot 2 containing 15,439 square feet,
Lot 3 containing 14,468 square feet, and Lot 4 containing 54,474 square feet, as more
particularly set forth on the Boundary Line Adjustment Plat.
3. The Consolidated Lots shall be subject to those certain building restriction lines
("10' BRL, 25' BRL, 35' BRL and 50' BRL"), that certain buffer ("50' ROAD EFF.
BUFFER"), existing water line easement ("EX. WATERLINE EASEMENT")and overhead
utilities ("OVERHEAD UTILITIES") and private sewer easement ("10' PRIVATE SEWER
ESMT.") and other matters as set forth on the Boundary Line Adjustment Plat.
4. The Grantor does hereby dedicate to the Commonwealth of Virginia a portion of
the subject property containing 6,241 square feet for the improvement of Macedonia Church
Road (Route 756), as more fully set forth on the Boundary Line Adjustment Plat.
5. The Grantors hereby impress upon Lot 2 and Lot 3 proposed sanitary sewer
easements ("35' PROP. SAN. SEWER ESMT.", "20' PROP. SAN. SEWER ESMT.")
(collectively, the "Sanitary Sewer Easements"). The Sanitary Sewer Easements shall be
appurtenant to and run with the title to Lots 2 and 3 for the benefit of the lands jointly owned
by Jasbo, Inc., Fred L. Glaize, III and Jeni Company, and their respective successors and
assigns forever, situate on the Eastern side of Macedonia Church Road (Route 756), briefly
described as containing 53.02803 acres, more or less (Tax Map No. 76-A-49), 6.5195 acres,
more or less (Tax Map No. 76-A-51) and 31.7283 acres, more or less (Tax Map No. 76-A-
48A). The Sanitary Sewer Easements shall be appurtenant and perpetual easements.
Reference is hereby made to that certain Deed date May 20, 1996, of record in the Clerk's
Office of the Circuit Court of Frederick County, Virginia in Deed Book 860, at Page 830 for
a more particular description of the three (3) parcels of land benefitted by the proposed
sanitary sewer easements.
6. The Boundary Line Adjustment, which creates the Consolidated Lots, as set forth
2
on the Boundary Line Adjustment Plat, is with the free consent and accordance with the
desires of the Grantors.
The County of Frederick, Virginia consents to the subdivision of the Property as set
forth on the Plat, as evidenced by its execution of the attached Plat.
WITNESS the following signatures and seals:
.12yt (SEAL)
GLENN M. BORROR
NWaff,—P, (SEAL)
HATTIE P. BO ROR
STATE OF VIRGINIA, AT LARGE,
C"fTY/COUNTY OF F2 .�.�C.. , to -wit:
The foregoing instrument was acknowledged before me on the *Q3 day of
,f
best. , 2002, by Glenn M. Borror and Hattie P. Borror, his wife.
s-My:'commission expires
THIS INSTRUMENT PREPARED BY:
Michael L. Bryan
9 Court Square, 2nd Floor
Winchester, VA 22601
540/545-4130
Deeds\Borror Deed of Dedication
NOTARY PUBLIC
3
FINAL
PLAT FOR BOUNDARY LINE ADJUSTMENT
BETWEEN THE LANDS OF
GLENN
M. B ORR OR & HAT TIE P. B ORR OR
LOTS
54 - 63A FUNKHOUSER LOTS (DB 199 Pg 516)
SHAWNEE
MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA
JUNE 13, 2002
VICINITY MAP
1 2000' " =
�y��L���
ESTAT" �p
MANOR
`h1
CANTER
E8T TEA
MACMX NIA
ACREB
Rk 1.41
Re. $IT
!'REDERI Toum
ALDIN b
vILLA4E
OWNER'S CERTIFICATE.•
THE ABOVE AND FOREGOING BOUNDARY LINE ADJUSTMENT BETWEEN THE LANDS OF
GLENN M. BORROR & HATTIE P. BORROR, AS APPEARS ON THE ACCOMPANYING PLATS, IS
WITH THE FREE
CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED
OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY.
/YID
1;s�'1�G?9`—�
��
r (�I'
COMMONWFA�
OF V GIN/A
CITY / rl'�n>OF
Mcle✓?c- TO WIT.
THE FOREGOING
OWNER'S CERTIFCATE WAS ACKNOWLEDGED BEFORE ME THIS Z.ls-t- DAY
OF
2002, BY C �64' e- P. -(- r
AREA TABUL4T70N
ORIGINAL AREA
LOT 54 =
10,896 SO.
fT.
LOT 55 =
10,896 SO.
fT.
LOT 56 =
10,896 SO.
FT.
LOT 57 =
10,896 SQ.
FT.
LOT 58 =
10,896 SO.
fT.
LOT 59 =
10,896 SQ.
FT.
LOT 60 =
10,896 SQ.
FT.
LOT 61 =
10,896 SQ.
FT.
LOT 62 =
10,896 SO.
FT.
LOT 63A =
14,493 SO.
FT.
TOTAL AREA = 112,557 SO. FT.
= 2.5840 ACRES
ADJUSTED AREAS
LOT 1
= 21,935 SO.
FT.
LOT 2
= 15,439 SQ.
FT.
LOT 3
= 14,468 SO.
FT.
LOT 4
= 54,474 SO.
FT.
R/W DEDICATION
= 6,241 SO.
FT.
TOTAL AREA = 112,557 SO. FT.
= 2.5840 ACRES
LEGEND
BRL = BUILDING RESTRICTION LINE PER ZONING ORDINANCE.
IRF = 5/8" IRON REBAR FOUND
IRS = 112" IRON REBAR SET
R/W = RIGHT OF WAY
O.B.L. = ORIGINAL BOUNDARY LINE HEREBY VACATED
1. THE BOUNDARY INFORMATION SHOWN HEREON IS BASED ON A CURRENT FIELD
SURVEY BY THIS FIRM.
2. NO TITLE REPORT FURNISHED. EASEMENTS OR ENCUMBRANCES MAY EXIST WHICH ARE
NOT SHOWN.
J. NO PORTION OT THIS PROPERTY LIES WITHIN THE 100 YEAR FLOOD ZONE PER
FEMA F.I. R. M. COMMUNITY —PANEL #510063-0200—B, DATED JUL Y 17, 1978.
4. VARIANCES #14-02, 115-02, & 116-02 WERE APPROVED BY THE BOARD OF ZONING
APPEALS, AUGUST 20, 2002.
FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT
BETWEEN THE LANDS OF
GLENN M. BORROR & HATTIE P. BORROR
LOTS 54 — 63A FUNKHOUSER LOTS (DB 199 Pg 516)
SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA
SCALE: N/A F DATE: JUNE 13, 2002
GREENWAY ENGINEERING
151 WINDY HILL LANE
Engineers WINCHESTER, VA. 22602
Surveyors TELEPHONE: (540) 662-4185
FAX: (540) 722-9528
Founded in 1971 www.greenwayeng.com
TH OF D
R7R4NS.
RRE
No.002257
:� SLTF
k MACEDONIA CEMETERY A
' I ASSOCIATION
9—
I DB 818, PG 1361
f ZONE. RA USE.- CEMETERY ti
. �o
I•.•:NN-o i
--moo -- -- -- 0
�L
WHITE OAK ROAD
80' R/W y /
OVERHEAD UTILITIES
10.00,
— — S 62'54'02" E — 158.91 ' /
.. EXISTING 20' WATERLINE EASEMENT S 64 25'19" E
•'•: . • .. •. •. •. • DB 785•.. PG 214 ....... `....... ... ... �' 15.00'
`} Lot 63A
Z _50' ROAD EFF. BUFFER :
O
O (° —T
—LOT 1 own O 2 I
v J mI�O.B.L. 21935 SQ. fT. Lj
I zeW 0)W z N Lot 62 3 1
co L _a& L—j- C-3
N 62'53'59" If 192.99' W ,� (J W
_ Q
10' BRL �i O
Lot 61 QW owe co �I�' I Z
O.B.L. LOT 2 �W a�� o c W
154J9 SQ. fT. o � ,�� � — � "0
0
LO - -1- N T 10' BRL I
W' N 62'5359" W— 192.99' W I Q Z
Z Lot 60�, 3 I m o 1
Lz
-� -j 10' BRL
W �. m�-----
LOT 3 0
Z `" O.B. L. 14468 SQ. T. W
F
O cz,U
N WAj ^ Lot 59 0 ��`' �W
c, � I
V W 10' BRL `4 0 3 W
192.99' — 25.01 '
S 62'5359" E — 218.00' (TOTAL)
MATCHLINE SEE
SHEET NO. 4 t: •:
50 0 50
SEE SHEET 2 FOR SEE SHEET 4 FOR
NOTES & LEGEND CURVE TABLE GRAPHIC SCALE (IN FEET)
FINAL PLAT FOR BOUNDARY LINE ADJUSTMENTrAR
H OF
BETWEEN THE LANDS OF
GLENN M. BORROR & HATTIE P. BORROR
LOTS 54 — 63A FUNKHOUSER LOTS (DB 199 Pg 516),
SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA �. FOLTZ
SCALE: 1' = 50' DATE: JUNE 13, 200202257GREENWAYYENGINEERING
Engineers WIN1CHESSTER, VA. HILL 22602� ��
Surveyors TELEPHONE: (540) 882-4185 'S
FAX: (540) 722-9528
Founded in 1971 www.greenwayeng.com 2291 SHEET 3 OF 4
MATCHLINE SE
SHEET NO. J
NN O
O
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W
W
►`ram
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A
S 62'5359" E — 218.00' (TOTAL)
r Lot 58 {
I _ 50' BRL
L -J--- FRAME SHED 0. B -
I Lot 57
D.B.L.
1111
LOT 4
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STORY BRICK —
• •
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Lot 55
_ 50' BRL —
�, O.B.L.
Q Lot 54 Of-
o �
W N
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2 J
Q
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Lot 273
N 6275359" W — 218.00'
Lot 53
N/F
WHITACRE
DB 572, PG 609
ZONE. RA USE. RES.
T.M. 76—((A))-34
BOUNDARY CURVE DATA
(TOTAL)
IRS C .
0 25.01'
o
f
w
0
ti
0
50 0 50
GRAPHIC SCALE (IN FEET)
CURVE
RADIUS
ARC LENGTH
CHORD LENGTH
CHORD BEARING
DELTA ANGLE
Cl
35.00'
54.05
48.84'
S 18'39'41 E
88'28 42"
C2
35.00'
54.05'
48.84'
S 18'39'41 " E
88'28'42"
FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT
BETWEEN THE LANDS OF
CLENN M. BORROR & HATTIE P. BORROR
LOTS 54 - 63A FUNKHOUSER LOTS (DB 199 Pg 516)
SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA
SCALE: 1' = 50' DATE: NNE 13, 2002
GREENWAY ENGINEERING
151 WINDY HILL LANE
Engineers WINCHESTER, VA. 22602
Surveyors TELEPHONE: (540) 662-4185
FAX: (540) 722-9528
Founded in 1971 www.greenwayeng.com
SEE SHEET 2 FOR
NOTES & LEGEND
1 r'
DARREN S. FOL
No.002257
2291 SHEET 4 OF 4
CD
{„rJ
VIRGINIA: FREDr-PICKCOUNTY, SCT.
Thissiinstrument of wr,u,:'; was produoed to me on
=IS. - ��, O� at,o
and with certificate of acknowledgement thereto hnexed
was admitted to record. Ta irnposed by Sec. 58.1-802 of
$ , and 58.1-801 have been paid, if assessable
, Clerk
5
August 22, 2002
Mr. Darren Foltz
Greenway Engineering
151 Windy Hill Lane
Winchester, VA 22602
III r tt)PV
COUNTY of ]FREDERICK
Department of Planning and Development
5401665-5651
FAX: 540/665-6395
RE: VARIANCES #14-02, #15-02, AND #116-02 FOR THE GLENN AND HATTIE BORROR
LOTS
Dear Mr. Foltz:
This letter is to confirm that the above -referenced applications were approved by the Board of Zoning
Appeals at their meeting on August 20, 2002. This approval was for the following requests:
Variance #14-02: for a 25' front yard, 40' left side yard and 25' rear yard setback variance to enable the
creation of a buildable lot.
Variance #15-02: for a 25' front yard, 40' left and right side yard and 25' rear yard setback variance to
enable the creation of a buildable lot.
Variance #16-02: for a 25' front yard, 40' left and right side yard and 25' rear yard setback variance to
enable the creation of a buildable lot.
The properties are located at the northern intersection of White. Oak Road and Macedonia Church Road
(Route 756) and identified with Property Identification Numbers 76-5-61; 76-5-59; 76-5-63A in the
Shawnee Magisterial District.
If you have any further questions regarding these approvals, do not hesitate to call.
Sincerely,
Patrick T. Davenport
Zoning and Subdivision Administrator
PTD/cih
cc: Building Inspections
Jim Petry, JASBO
Glenn Borror
O:\Agcndw\BZA\APPR DEN.LTR\Boner Lots.wpd
107 North Kent Street • Winchester, Virginia 22601-5000
BZA REVIEW DATE: August 20, 2002
VARIANCE #15-02
GLENN AND HATTIE BORROR LOTS
LOCATION: The property is located at the northern intersection of White Oak Road and Macedonia
Church Road (Route 756).
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBERS: 76-5-60; 76-5-61; 76-5-62
PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use -Residential
ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Uses: Residential
VARIANCE: 25-foot front yard, 40-foot left and right side yards and 25-foot rear yard setback
variances to enable a buildable lot.
REASON FOR VARIANCE: No buildable area using current RA setbacks on existing lots.
STAFF COMMENTS:
The subject property was subdivided March 24, 1947 as evidenced by the deed included in the
agenda. "Exhibit "A" illustrates the layout of the 10 remaining lots which are zoned RA (Rural
Areas). The Zoning Ordinance [§ 165-55A(1)&(2)] specifies the setbacks for these lots as being 60'
front and 50' for the sides and rear. Exhibit `B" is a proposed plat for boundary line adjustments
which would consolidate the lots in the following manner. Existing lots 63A and 62 are to be
consolidated into a new lot indicated as (new) Lot 63. Existing Lot 61 and a portion of Lot 60 are
to be consolidated into (new) Lot 61. Existing Lot 59 and portions of Lot 60 and 58 are to be
consolidated into (new) Lot 59. Existing Lots 54-57 and a portion of Lot 58 are to become
consolidated into (new) Lot 55 which will contain the existing dwelling and frame shed. The variance
requests are directly related to the proposed boundary line adjustments. The boundary line
adjustments related to the existing dwelling is not a part of this variance request and can be
administratively approved. Exhibit `B" also illustrates that due to the applicable RA setbacks, no
buildable area exists on proposed Lot 61.
Variance #15-02
Glenn and Hattie Borror - Lot 61
Page 2
August 7, 2002
Exhibit "C" is illustrating the proposed setbacks per the subject variance requests. The applicant is
requesting the following variances for proposed Lot 61 to enable the construction of a single family
dwelling on the property. Proposed Lot 61 is seeking: A twenty five (25') foot front yard setback
variance, a 40' left and right side yards setback variance and a 25' rear yard setback variance.
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.
Strict application of the zoning ordinance in this case produces an undue hardship upon the applicant
because given the applicable setbacks, dwellings cannot be constructed on the proposed lots without
an approved variance (similar to the one requested). Other lots in the same zoning district have the
same setback requirements but these lots are encumbered by current setbacks causing the properties
to be unbuildable areas. 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\2002\Bor ror Lots 15_02.wpd
EXHIBIT A
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Co AJ/'r1o/'✓S IN FEET
FINAL BOUNDARY PLAT' OF THE LAND OF' TH OF pl
GLENN RE B®P.?CyR Cb HATTIE P. BORR®P: o
LOTS 54 — 63A FUNKHOUSER LOTS (D6 199 Pg 516)
SHAWNEE MAGISTERIAL DISTRICT. FREDERICK COUNTY, VIRGINIA DARREN S. FOLTZ 9
SCALE: 1, = 50' DATE: OCT03ER 12, 2001 N0.002257
151 Y,lNrY IML LANE
Engineers TM,=sTEa, VA. 22502
Surveyors `1-T=FIDA'E: (540) 632-4185
F= (540) 722-9525 -- - --
Exhibit "B"
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� GRAPHIC SCALE (lA( FEET)
Lfounded
LAT FOR BOUNDARY LINE ADJUSTMENT,'
BETWEEN THE LANDS OF OFpj
H P®PP,®R & FATTIE P. P®�:'�, OR o
— 63A FUNKHOUSER LOTS (DB 199 Pg 516),�
AGISTERIAL DISTRICT, FREDEP.ICK COUNTY, VIP.GINIA �DARREN S. FOLTZ 9
1' = 60' DATE: JUNE 13, 2002
C-REE��WAY ENGINEERING � No.00z25�
1 1 PrIATDY HILL LANE
E^g -leers F'IATCIESTEP., VA. 22502
Surveyors =11-10NE: (540) 662-41°5
FA:{: (540) 722-5526
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Exhibit "C"
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gvAo 6FFICICivcY
Ru Fr�4
to, BRL
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10' SRI
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10" BRL
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APR~ as51) 5,5-TPRCKS
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Lot 53 GRAPHIC SCALE /N
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FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT
BETWEEN THE LANDS OF TH OFv�',
CLEMN M. BORROR & 114TTIE P. BORROR o
LOTS 54 — 63A FUNKHOUSER LOTS (DB 199 Pg 516)
SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA DARREN S. FOLTZ «
SCALE: 1' = 50' GREEN
DATE: JUNE 13, 2002 No.002257
GR F E WAY ENGINEENNG z�
151 FINDY HILL LANE �,Q1�
Engineers Ii 1CiiESTEF . VA 22502 t' S i7a
Surveyors '�-uZPH0N-E: (540) 662-4185
FA.:: (540) 722-9528
Founded in ! 971 mrn.greenwayerg.co 22B 1 SHEt7 3 OF 4
1
of
Page 1 of 5 APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
ft /
-Itut-I w
JUL
MUST BE TYPED'OR FILLED OUT IN INR - PLEASE PRINT
1. The applicant is the owner other Z. (Check one)
2. APPLICANT:
NAME: 1./.'�fLR c►J 1�-t�.Z
ADDRESS O (L�V C 'u
1S1 w►d.S fir l !�J`�
TELEPHONE : a —
OCCUPANT: (if different)
NAME: 6 Q c, C2-, cz
ADDRESS: 1P73 f` ACE OoNiA C-IvP_c j2,5q0
u0►- cr - POSTyA- 2Z 6,63
TELEPHONE: 2-9 7<1--
3. The property is located at (give exact directions and include
State Route numbers):
�jlXLTk '-- -aN
,_)Tt�(L�C<%w1J Vh i TC CPt-1 ZVi�n �
4. The property has a road frontage of 80.00/ feet and a depth
of ;R t ,oc feet and consists of _acres-. (please be
exact) 39 SQ F r
5. The property is owned by U =��i'' �fi tTt c &it"42-
as evidenced by deed from F.1t.j recorded
q (previous owner)
in deed book no. I on page 51�- 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:_ 61+xt�"3Wcc
7. 14-Digit Property Identification No.: %(o - 5 -
8. The existing zoning of the.property is:. `i-
9 . The existing use of the property is: P.A5
10. Adjoining Property:
UU ZONING
North (� i•+v 2C IVA-
East V A-`l'o-J'r- K A-
s outh P-vz5 i rz,-i -r i AL- R k
West ��si pnr iZ 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.")
a 5 F2o;, pi V V NrZ i il-r� C-E
rf
12. List specific reasons) 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
13.1,.Additional comments, if any
0
0
Glenn Borror Lots - Variai
ADJOINING PROPERTY OWNERS
Macedonia Cemetery Association 76-A-31A 1941 Macedonia Church Rd
Gary E. Whitacre
JENI Company
Michael B. McDonald
(ABA Cornerstone)
Shoemaker Construction, Inc.
Ronnie A. McDonald
(DBA Ram Construction)
Michael C. Schuelen
(DBA MS Construction)
Property ID: tbA'
Glenn& Hattiee Byo��rj�ror
W/�iWI" .- \
Submitted by Darren Foltz
Greenway Engineering
151 Windy Hill Lane
Winchester, VA 22602
76-A-34
76-A-49
7613-1-4-266
76B-1-4-267
76B-1-4-268, 2700 & 2$
7613-1-4-269
76B-1-4-272
76-5-63A, 76-5-59, 76-5-61
Pagc 5 of 5
AGREEMENT
VARIANCE #1,5^ Q,�,
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 APPLICA '
TE /al 0'�'
SIGNATURE OF OWNER DATE
(if other than applicant)
-OFFICE USE ONLY-
BZA PUBLIC HEARING OF ) Q ACTION:
- DATE -
APPROVAL SIGNED:
BZA CAAHUAXN
DENIAL DATE: LC I Z.
�j
0
lk/l
C U PIP, e7,Fj —
CC) t -r/ 0 AJS
�ZO/QOSi�-O
CC, r,-� t) i 7-7 C1,AJf
E�-T A
RICHARD U. GOODE
er i ie urvey
RUC/KG
IVIRGINIA
FREDERICK COUNTY, (SCT.
This instrument of writing was produced to me on the 26th
of Misr. 1947 at 3:15 P.hl, and with certificate of acknowledgment thereto annexed was
admitted to record.
iFititiHiiti}>}iti}i}itiFif#ifit;FiFi}i}iFitiFit
/� rl #400
4c, JA1IES I% S1.i00T ET ALS ;t
TO :• DEED it
y 71 GLENN P. BORROR at
iFiti}#tiiFitit if#iFitiF#iFiF#iHt#iFitititit
/ 7/s71 THIS DEED made and dated this 24th, day of March, 1947, by
land between James II. Smoot, Carrie Smoot, his wife, and Jesse L. Smoot, single, all
I parties of the first part, Glenn M. Uorror, party of the second part, E. Edwards,
(Trustee, party of the third part and J. H. runkhouser, party of the fourth part.
WITNESSETII That for and in consideration of the sum of Ten
!Dollars ($10.00) cash in hand paid, and other good and valuable consideration, the re-
ceipt of all of which is hereby acknowledged, and in further consideration of the exe-
cution and delivery by the party of the second part to the parties of the first part of
is certain deferred purchase money bond bearing even date herewith in the principal sum
Three Hundred Dollars ($300.00) payable six months after date, and bearing interest froi
date at the rate of-5% per annum, and to be secured by a deed of trust on the within col
veyed property to be executed and recorded contemporaneously with this deed, and as a
part of the same transaction, the parties of the first part ,cep hereby grant, sell, and
convey, with general warranty of title, unto the party of the second part, his heirs in
assigns forever, a certain tract or parcel of land, containing 6.29 acres, more or less
lying and being situate along the".7estern side of the Macedonia Church Road about 5j mi
Southeast of V.inchester in Opequon District, Frederick County, Virginia, and being a pot
tion of that certain larger tract or parcel of land which was conveyed to the said parti.
of the first partly J. It. Funkhouser and wife, by deed dated October 16, 1946, and of s
cord in -the Clerk's Office of the Circuit Court of Frederick Uounty, Virginia, in Deed
Book No. 198, page 7. A plat of the within conveyed land which has been divided into
lots Nos. 41 to 65 inclusive, made by J. James Skinner, cur, veyor, is attached to, and b
this reference incorporated in this deed.
s
s
The said
• •qss
evidenced by the said J. H. "unkhouser uniting in this deed, joins in this deed for the
purpose of releasing, and does hereby release the within conveyed land from the lien of
that certain deed of trust from the said parties of the first part to the said V... E.
Edwards, Trustee, dated October 16, 1946, and of record in the aforesaid Ulerk's Office
in Deed Book No. 198, page 9.
Titness the following signatures and seals.
Witness to Mark
Virginia Ritter
REVE1UE STAMPS
$1.10 ;a
CANCELLED ;r
�t;r;t;.ar;r;t �;r;r;ssrKtt;F;tte;r;ttt
State of Virginia
County of Frederick, to -wit:
JAPES 11. SF.:OOT (SEAL)
her
CARRIE M SVOOT (SLAL)
mar
JESSE L. S1.:OOT (SEAL)
E. EIY;:ARDS (S) AL)
rus ee
J. H. FI iMIOUM11
(SEAL)
I, Virginia Ritter, a notary public in and for the County of
Frederick, in the State of Virginia, do hereby certify that James 11. Lmoot, Carries Smoo
JesseL. Smoot, l•. E. Edwards, Trustee and J. 11. Funkhouser, Mose names are signed to
the foregoing writing bearing date of March 24th, 1947, have personally appeared before
in my county aforesaid, and acknowledged the same.
Given under my hand this 26th, day of b'.arch, 1947.
My commission expires March 24, 1948,
VIRGIN IA RIT`PLR
OT y Pu rc
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