HomeMy WebLinkAbout16-02 Glen Borror Lots (Lot 63) - 76-5-59 - Shawnee - BackfileDate:
BOARD OF ZONING APPEALS
Variance Request Tracking Sheet
File opened
i / Reference Manual updated/number assigned
C/ D-base updated
6/ One B&W location map requested from GIS
Two sets of labels requested from Data Processing
0� File given to Renee' to update Application Action Summary
MEETING DATE:4-24FINAL ACTION: APPROVED
CLOSE OUT FILE:
_ Approval (or denial) letter mailed to applicant/copy made for file
File stamped "approved", "denied" or 'withdrawn"
Reference Manual updated
D-base updated
3 02� File given to Renee' for final update to Application Action Summary
U \Carol\Common\TRACKING.BZA
Revised 05/25/0)
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Received From
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Date 17 16 - j L CO2710
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5401665-5651
FAX: 540166-5-6395
AUMOR AND UM
TO. Finance Depaitnient
FROM: Karen A. Cain, Off -ice Assistmit 11
SST Return. Return Of Sign Deposit
PA -, -bber 22, 2002
JE. Oct
The amount of $150.00 was deposited in line item #3-0.10-019110-0008 for the business named
below as a deposit for three sighs for Variance 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 tothe retum of
their deposit. You may pay this through the regular bill cycle.
Please send a check in the amount of $150.00 to:
R.SA/kac
6�v j
.gk
JASBO, Inc.
P.O. Box 480
StePlIens City, VA 22655
107 North K-*nt Street o Winchester, Virginia 22601-5600
..........................:..._.. .
August 22, 2002
Mr. Darren Foltz
Greenway Engineering
151 Windy Hill Lane
Winchester, VA 22602
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
RE: VARIANCES #14-02, #15-02, AND #16-02 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. il
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 0ak 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,
pu;J _0111_�
Patrick T. Davenport
Zoning and Subdivision Administrator
PTD/cih
cc: Building Inspections
Jim Petry, JASBO
Glenn Borror
O:Agendas\BZA\APPR_DERUMBo`ror Lots.wpd
107 North Kent Street - Winchester, Virginia 22601-5000
COUNTY of FREDERICK
Department of Planning and Development
5401665-5651
FAX: 540/ 665-6395
PUBLIC, HEARI I G
August 6, 2002
TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S)
RE: VARIANCES #14-02, #15-02 AND #16-02 OF GLENN AND HATTIE BORROR
On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public
hearing being held on Tuesday, August 20, 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 three applications by Glenn and Hattie Borror, submitted by Greenway Engineering, for
the following:
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: fora 25'
front yard, 40' left and right side yard and 25' rear yard setback variance to enable the creation of a
buildable lot. The property is 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.
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,
Paa �,J
Patrick T. Davenport
Zoning and Subdivision Administrator
PTD/ch
0AAgendas\BZA\ADJ0INER\2002 Adj\Wm & Carol Robertsmpd
107 North Kent Street - Winchester, Virginia 22601-5000
This is to certify that the attached correspondence was mailed to the following on
g - 4,- Q from the Department of Planning and Development, Frederick
County, Virginia:
76B -1-a- 269-
MCDONALD, RONNIE A DBA
76 -A- - 31-A RAM CONSTRUCTION
MACEDONIA CEMETERY ASSOCIATION 5426 MULBERRY ST #2
1941 MACEDONIA CHURCH RD STEPHENS CITY, VA 22655
WHITE POST, VA 22663-1846
76 - A- - 34-
WHITACRE, GARY E.
1861 MACEDONIA CHURCH RD
WHITE POST, VA. 22663.1845
76 - A- - 49-
JENI COMPANY
PO BOX 888
WINCHESTER,VA 22604-0888
76B-1-4-266-and 7-6 a
MCDONALD, MICHAEL B DIBIA
CORNERSTONE BUILDERS
674 W PARKINS MILL RD
WINCHESTER,VA 22602
76B - 1- 4. 268-
CLASSIC CONTRACTORS, INC
130 BLUE RIDGE ACRES
HARPERS FERRY, WV 25425
Mr. Mark D. Smith, P.E., L.S.
Greenway Engineering
151 Windy Hill Lane
Winchester, VA 22602
76B - 1. 4- 272-
BURDICK, LEONARDO & SUSETTE
113 LATIGO CT
STEPHENS CITY, VA 22655
76 - 5- - 63-A
BORROR, GLENN M & HATTIE P
1873 MACEDONIA CHURCH RD
WHITE POST, VA 22663-1845
76B - 1- 4. 270-
DOWELL, BILL B & PATRICIA L
120 JUTLAND CT
STEPHENS CITY, VA 22655
J:�d
Patrick T. Davenport, C A
Zoning and Subdivision Administrator
Frederick County Planning Department
STATE OF VIRGINIA
COUNTY OF FREDERICK
I, �non �(i 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 g-to '01a , has
personally appeared before me and acknowledged the same in my State and County aforesaid.
Given under my hand this (pthday of
II —
My commission expires on r�� (Qn) , QC03
"-
�'�.ARY PUBLIC
TO: Barbara in Data Processing
FROM: Carol f - Planning Department
Please print sets of labels by:
THANK YOU!!
Glenn Borror Lots - Variances #14-02, #15-02, and #16-02
ADJOINING PROPERTY OWNERS
Macedonia Cemetery Association 76-A-31A 1941 Macedonia Church Rd
Gary E. Whitacre
JENI Company
Michael B. McDonald
(DBA Cornerstone)
Shoemaker Construction, Inc.
Ronnie A. McDonald
(DBA Ram Construction)
Michael C. Schuelen
(DBA MS Construction)
Property ID: Glenn & Hattie Borror
Submitted by Darren Foltz
Greenway Engineering
151 Windy Hill Lane
Winchester, VA 22602
76-A-34
76-A-49
7611-1-4-266
76B-1-4-267
76B-1-4-268, 270 & 275 a c own e,ct
7611-1-4-269
7611-1-4-272
76-5-63A, 76-5-59, 76-5-61
_Same ova t�
0 •
BZA REVIEW DATE: Aufzust 20, 2002
VARIANCE #16-02
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: 76-5-62, 76-5-63A
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 side yard 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 ten 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 63.
C�
C�
Variance #16-02
Glenn and Hattie Borror - Lot 63
Page 2
August 7, 2002
Exhibit "C" is illustrating the proposed setbacks per the subject variance requests. The applicant is
requesting the following variance for proposed Lot 63 to enable the construction of a single family
dwelling on each Lot.. Proposed Lot 63 is seeking: A twenty five (25') foot front yard setback
variance, a forty (40') left side yard 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\Borror Lot 16_02.wpd
EXHIBIT"A'p
Lot 269
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Lot 63A
Lot 62
Lot 61
Lot 60
Lot 59
Lot 58
Lot 58
FRAME SHED
Lot 57
Lot 56
1 - STORY BRICK
HOUSE W/ GARAGE
Lot 55
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GRAPHIC SCALE
Coe% 1-1162 ✓S ITV FEET
FINAL BOUNDARY PLAT
OF THE LAND OFPIT\
�TH OF yj
LOTS 54 — 63A FUNKHOUSER LOTS (DB 199 Pg 516)
SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA b�DARREN S. FOLTZ
LSCALE: 1' = 50' DATE: OCTOBER 12, 2001 � No.002257 �
GREE���'AY E14GINEE RING �I 151 FY ffiI.1, LANE
Engineers TINC STER, VA_ 22502
`=-
Surveyors 1T0IM: (540) 682-4185
FAY: (540) 722-9526
Fm:rrd¢d in 197�
1 .greenwayeng.com 2291 SHEET 1 OF 2
Lot 54
Exhibit "B"
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GRAPHIC SCALE (lN FEET)
FINAL PLAT FOR'BOUNDARY LINE ADJUSTMENT ,' BETWEEN THE LANDS OF TH OFDr`�G�
GLENN M. $ORROP. & IATTIE P. BORROR �o
LOTS 54 — 63A FUNKHOUSER LOTS (DB 199 Pg 516)
SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA g 0DARREN S. FOLTZ 9�
SCALE: 1' _ 50' C-REENWAY ENGINEERING No.00225�
151 WINDY HILL LANE
Engineers F�TC5ES1�f:, VA 22502 S�V
Surveyors l—El"HONE: (540) 662-4185
FAM (540) 722-9528
Fatt�cded 2n 1971 www.g--eenwayeng.com 2291 EHt� 3 Or 4
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Lot 53 GRAPHIC SCALE
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LGLENN
LAT FOR BOUNDARY LINE ADJUSTMENT
BETWEEN THE LANDS OF am, opt j'GS
1�. BORROR IlTTIE P. BORRORs,- 63A FUNKHOUSER LOTS (DB 199 Pg 516)
AGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA UDARREN S. FOLTZ1' = 50' DATE: JUNE 13, 2002No.002257GREENWAYYENGNEERING o151 Engineers WINC MS-M, VA. 22602 Surveyors T':LEPHONE: (540) 662-4185�FAQ: (540) 722-9528
371 www.greenvuLeng.com 2291 SHEET 3 OF 4
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A`ut' s
Page 1 of 5 APPLICATION FOR VARIANCE JUL 1 7 100c
IN THE
COUNTY OF FREDERICK, VIRGINIA
DEPT, OF PLANNING DEVELOPMENT
MUST BE TYPED'OR FILLED OUT IN INK - PLEASE PRINT
1. The applicant is the owner other z . (Check one)
2. APPLICANT:
NAME: 1_ Aff-(%. o A--t-L
ADDRESS
iSl w►0IjDi tit L�k-
TELEPHONE : (v(o a — 4 1 M-
OCCUPANT: (if different)
NAME: C3 LE —Kit'; B C% a-0 --C (,7--
ADDRESS : IR'3 i` ACE Er*juN 0402c44 t&Ao
U) crf PosTydv ZZ L L 3
TELEPHONE: 2-9 7/--
3. The property is located at (give exact directions and include
State Route numbers):
�-
4. The property has a road frontage of 7� feet and a depth
of -kjj 3 ,00 ` feet and consists of _atrea. (please be
exact) I q(,fb SQ r-r
5. The property is owned by U �-�1-AJ k It 4rn c
as evidenced by deed from �,>i'jic")'YL. recorded
q (previous owner)
in deed book no. I on page 5i� of the deed
books of the Clerk of the Court for Frederick County. Attach
a copy of the deed.
*I*
Page 2 of 5
6. Magisterial District: i+X V,3tioc
7. 14-Digit Property Identification No.:
76 - .5 - 5 R
8. The existing zoning of the.property is:. ,{-_ X
9. The existing use of the property is:_ VV-_S h i._,
10. Adjoining Property:
USE ZONING
North Co i•+y R-CA+ �R_ kr
East vas N KA-
South C,�r.s--f Ai-
West Rcs, psi iy,rs�. 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.")
qa
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
Glenn Borror Lots - Vadai
ADJOINING PROPERTY OWNERS
Macedonia Cemetery Association
Gary E. Whitacre
JENI Company
Michael B. McDonald
(DBA Cornerstone)
Shoemaker Construction, Inc.
Ronnie A. McDonald
(DBA Ram Construction)
Michael C. Schuelen
(DBA MS Construction)
Property ID: Glenn & Hattie Borror
wx&�4- "0",
ijli�,
Submitted by Darren Foltz
Greenway Engineering
151 Windy Hill Lane
Winchester, VA 22602
76-A-31A 1941 Macedonia Church Rd
76-A-34
76-A-49
7613-1-4-266
7613-1-4-267
76B-1-4-268, 270 & 271 r- o Lon e 6t.S'
7613-1-4-269
7613-1-4-272
76-5-63A, 76-5-59, 76-5-61
sne o�
N 00
Pnc 5 of 5
AGREEMENT
VARIANCE #��
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 ( 1 ATE i t 0
SIGNATURE OF OWNER DATE
(if other than applicant)
-OFFICE USE ONLY-
BZA PUBLIC HEARING OF J ACTION:
-DA -
V APPROVAL SIGNED: V
BEA CHAMAAN
DENIAL DATE: g/ Z C I G
il
CU22.��-
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6) ,
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CC ^-� n i T/ CAJS
RICIIARD U. GOODE
er i ie urvey
RUG/KG
IVIRGINIA
FREDERICK COUNTY, (SCT.
This instrument of writing was produced to me on the 26th
of filar. 1947 at 3:15 P.M. and with certificate of acknowledgment thereto annexed was
admitted to record.
;ta,�rtvt;t;t�;t;t;t;t;t;tst;t;t;t#u;t;t+rtt;t
0 #400 if
��c� JAMES H. SMOOT ET ALS if
ry TO:DEED ;t
y / GLENN ?'. BORROR ;t
;f#;ti�Nt;tit;t#;t;t;t#it;t#;F##ititit;Ht
�Z
/y/syi TIIIS 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
(parties of the first part, Glenn M. Uorror, party of the second part, E. Edwards,
'trustee, party of the third part and J. 11. runkhouser, party of the fourth part.
E".ITNESSETII: 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-
Iceipt of all of which is hereby acknowledged, and in further consideration of the axe -
I
cution and delivery by the party of the second part to the parties of the first part of
la certain deferred purchase money bond bearing even date herewith in the principal sum f
Three hundred Dollars ($300.00) payable six months after date, and bearing interest frot
date at the rate of-5% per annum, and to be secured by a deed of trust on the within co -
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 ,cip hereby grant, sell, and
oonvey, with general warranty of title, unto the party of the'second part, his heirs at
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 51 mi as
Southeast of Linchest.er in Opequon District, Frederick County, Virginia, and being a por-
tion of that certain larger tract or parcel of land which was conveyed to the said parties
of the first part-iy J. It. Funkhouser and wife, by deed dated October 16, 1946, and of re-
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, 6urveyor, is attached to, and b
this reference incorporated in this deed.
The .said V.. F. F.dr;qr
� ass
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 Vi. E. .
Edwards, Trustee, dated October 16, 1946, and of record in the aforesaid LlerkIs Office
in Deed Book No. 198, page 9.
Titness the following signatures and seals.
Witness to Mark
Virginia Ritter
i ***i "HY *i}iFiNF*i}4HHHHFiF
REVENUE STAMPS if
$1.10 iF
CANCELLED iF
tate of Virginia
unty of Frederick, to -wit:
JALIES 11. SMOOT
( SEAL )
her,
CARRIE M S1`MT
(SEAL)
mar
JESSE L. SMOOT
(SEAL)
F:. E. EIY;:ARDS
(S1:AL)
rus ee
J, ii. F114K11OUSER
(SEAL)
I, Virginia Ritter, a notary public in and for the County of
Frederick, in the State of virginia, do hereby certify that James H. Smoot, Carries Smoo
JesseL. Smoot, '�.. E. Edwards, 'trustee and J. If. Funkhouser, rdiose names are signed to
the foregoing writing bearing date of March 24th, 1947, have personally appeared before
we in my county aforesaid, and acknowledged the same.
Given under my hand this 26th, day of March, 1947.
Ify commission expires March 24, 1948.
VIRGI14IA RITTER
y Pu is
(See next page for plat.)
EXHIBIT "A"
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Lot 58
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GRAPHIC SCALE
I � VIMIV6 CO ADrT101V5 IN FEET
FINAL BOUNDARY PLAT
OF THE LAND OF �TH OF�r
GLENN M. BORROR & HATTIE P. BORROR o �
LOTS 54 - 63A FUNKHOUSER LOTS (DB 199 Pg 516)
SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA �DARREN S. FOLTZ 9
SCALE: it = 50' DATE: OCTOBER 12, 2001
GREENWAY ENGINEERING No.002257
151 WINDY HILL LANE e,�04'
Engineers WINCHESTER, VA. 22602
Surveyors TELEPHONE: (540) 662-4185
FAX: (540) 722-9528
Founded in 1971 www.greenwayeng.com 2291 SHEET 1 OF 2
Exhibit "B"
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GRAPHIC SCALE (IN FEET)
FINAL PLAT FORdBOUNDARY 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: 1' = 50' 1 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
�TH oF INS
_ 9
0DARREN S. FOLTZ
No.002257
N
Exhibit "C"
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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: 1' = 50' 1 DATE: JUNE 13, 2002
GREENWAY ENGINEERING
151 WINDY HILL LANE
Engineers WINCHESTER, VA. 22602
Surveyors TELEPHONE: (540) 662-4185
FAX: (540) 722-9526
Founded in 1971 www.greenwayeng.com
TH OF
�DARREN S. FOLTZ
1
No.002257