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17-02 David L Goode - Stonewall District - Backfile
BOARD OF ZONING APPEALS Variance Request Tracking Sheet Date: Q� a�- o� File opened _ Reference Manual updated/number assigned D-base updated _I Z'—', One B&W location map requested from GIS jt,�'— Two sets of labels requested from Data Processing 01--�402R'—(Kz File given to Renee' to update Application Action Summary MEETING DATE: - / - OZ FINAL ACTION: % rrt J, , VF. .� CLOSE OUT FILE: f-25- Approval (or denial) letter mailed to applicant/copy made for file File stamped "approved", "denied" or "Vithdrawn" Reference Manual updated ✓ D-base updated f'42•Q5102, File given to Renee' for final update to Application Action Summary U \Carol\Common\TRACKING.BZA Revised 05/25/01 • ��/` �-I Z 02846 - PT Date Received From �j Address in C7 l�} lY� ZSC, p Fo� \). ram% r v SL , a o1Car� ; ~ I � CJC� s AMT. OF ACCOUNT J CASH [[[]]] a AMT. PAID CHECt�-, 1 BALANCE MONEY ORDER Bj/�----" DUE !) - ' CREDIT CARD g 1 4- HALL, MONAHAN, ENGLE, MAHAN & MITCHELL A PARTNERSHIP OF PROFESSIONAL CORPORATIONS WILBUR C. HALL (1892-1972) THOMAS V. MONAHAN (1924-1999) SAMUEL D. ENGLE O. LELAND MAHAN ROBERT T. MITCHELL, JR. NAMES A. KLENKAR MICHELLE MORRIS JONES STEVEN F. JACKSON ATTORNEYS AT LAW 1 S 7 EAST MARKET STREET LEESBURG. VIRGINIA TELEPHONE 703-777-1050 FAX 703-771-4113 0 EAST BOSCAWEN STREET WINCHESTER, VIRGINIA TELEPHONE 540-652.3200 FAX 540-882-4304 E-MAIL Iawyersehallmonshan.com October 15, 2003 Patrick Davenport, Zoning Administrator of Frederick County 107 North Kent Street Winchester, VA 22601 Re: Board of Zoning Appeals ads. Gavis and Smith Dear Patrick: PLEASE REPLY TO: P. O. Box 848 WINCHESTER, VIRGINIA 22504-0848 As you know, the Circuit Court ruled in favor of the Frederick County BZA in the above case. You will find enclosed a copy of the Final Order. I appreciated the opportunity of representing the Board of Zoning Appeals in this case, and I am pleased that we were able to obtain a favorable outcome. With kind regards, I am truly yours, Robert T. Mitchell, RTM/ks RTM/ks 08/27/03 C� O VIRGINIA: IN THE CIRCUIT COURT OF FREDERICK COUNTY MARTIN V. GAVIS and ZACH SMITH, Petitioners V. FREDERICK COUNTY BOARD OF ZONING APPEALS, Respondent. CASE NO. L02-268 FINAL ORDER On the 26`' day of August, 2003, came the parties, by counsel, for hearing in this matter upon the BZA Record, and upon the evidence and argument presented to the Court on August 12, 2003. Upon consideration thereof, the Court finds that there is no statutory requirement for the Board of Zoning Appeals to articulate its findings in writing, and that the Petitioners have failed to show that the Board of Zoning Appeals applied erroneous principles of law or that the decision of the Board was plainly wrong and in violation of the purpose and intent of the zoning ordinance. R 1 Accordingly, it is ADJUDGED and ORDERED that the decision of the Board of Zoning Appeals is affirmed. This Order is FINAL. ENTER this day of Seen and Exception Noted to the_findings-znd ruling of the Court: Paul H. Thomson, Esquire Counsel for Petitioners Robert T. Mitchell, Jr CoWisel for Responde ,'enjamin M. Biter, Esquire Counsel for David L. Goode A Copy Attest: Frederick County Circuit Court becca P. Hogan, Cler by De ty Clerk 2 HALL, MONAHAN, ENGLE, MAHAN & MITCHELL A PARTNERSHIP OF PROFESSIONAL CORPORATIONS WILBUR C. HALL (1892-1972) THOMAS V. MONAHAN (1924-1999) SAMUEL D. ENGLE O. LELAND MAHAN ROBERT T. MITCHELL, JR. JAMES A. KLENKAR WILLIAM F. BURTON MICHELLE MORRIS JONES STEVEN F. aJACKSON ATTORNEYS AT LAW 16 7 EAST MARKET STREET LEESBURG, VIRGINIA TELEPHONE 703-777-1050 FAX 703-771-4113 9 EAST BOSCAWEN STREET WINCHESTER, VIRGINIA TELEPHONE 540-662-3200 FAX 540-662-4304 E-MAIL Iawyarsehallmonahan.com April 30, 2003 Patrick Davenport, Zoning Administrator of Frederick County 107 North Kent Street Winchester, VA 22601 Re: Board of Zoning Appeals ads. Gavis, et al Dear Patrick: PLEASE REPLY TO: P. O. Box 848 WINCHESTER, VIRGINIA 22604-0848 I previously advised you that the Court had set the hearing in the above case for June 17, 2003. However, it has subsequently been determined that counsel for the plaintiffs, Paul Thompson, has a previously scheduled Court date on that day. Accordingly, we will be going back before the Court on May 28 to schedule another hearing date, which in all likelihood will be after June 17. If there are any dates in June, July, and August when you will not be available, please let me know. I will contact you and let you know the new hearing date as soon as it is set by the Court. With kind regards, I am RTM/ks MAY 0 1 2003 FREDER: CKC(DU? V r'Lit:�:J1`ii�vC <,, 4?4=1�i-;")1=R5F;RaT HALL, MONAHAN, ENGLE, MAHAN & MITCHELL A PARTNERSHIP OF PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW WILBUR C. HALL (1892-1972) I S 7 EAST MARKET STREET B EAST BOSCAW EN STREET THOMAS V. MONAHAN (1924-1999) LEESBURG, VIRGINIA WINCHESTER, VIRGINIA SAMUEL D. ENGLE TELEPHONE 703-777-1050 TELEPHONE 540-652-3200 O. LELAND MAHAN FAX 703-771-4113 FAX 540-562-4304 ROBERT T. MITCHELL, JR. E-MAIL lawyers@hallmonahan.com JAMES A. KLENKAR WILLIAM F. BURTON MICHELLE MORRIS JONES May 29, 2003 STEVEN F. JACKSON Patrick Davenport, Zoning Administrator of Frederick County 107 North Kent Street Winchester, VA 22601 Re: Board of Zoning Appeals ads. Gavis, et al Dear Patrick: PLEASE REPLY TO: P. O. Box 848 WINCHESTER, VIRGINIA 22604-0848 This will advise that the Court has set, the hearing in the above case for Tuesday, August 12, 2003, at 1:00 p.m. I will be in touch with you prior to the hearing date to discuss what additional information, if any, we need to present to the Court. I anticipate having Evan Wyatt as a witness for the BZA in this case, and I have met with him to preliminarily discuss evidence which can be presented. With kind regards, I am Vgy4uly yours, Robert :T.;;.Mitche11, r RTM/ks Frederick County Dept. of Planning & Development Information & Record Access Request Work Order (Effective April 2, 2001) Date of Request: _ Requesting Agent: Address: Phone: Fax: Description of Information Requested: SepnG�e es�m, Project Pick -Up Date or Materials Return Date: S�r Signature of Agent Requesting Information: �```6u /✓U'''%� �'� Please allow 5 working days for the completion of all multiple -copies requests and file research requests. All multiple -copy requests and file research requests will be processed upon completion of this work order form. Price for copies: $.20 ea. for 8M"xl1" ($.40 duplex); 5.25 ea. for 834"xl4" ($.50 duplex); 5.50 ea. for 11 "x17" ($1.00 duplex Materials borrowed must be returned within 7 days and a credit card, debit card, check, or cash will be required as a deposit. We regret that original files cannot be removed from our office. Information Request Received: Project Completion Date: Cost of Information Produced: Payment Received:o. } APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA Variance Application No. Submittal Date Fee Paid Yes Sign Deposit NIA -*es�- �Has Sionfrom prior P.N. .J 1 Submittal Deadline For the meeting of Initials MUST BE TYPED OR FILLED OUT IN INK — PLEASE PRINT 1. The applicant is the owner X other❑. (Check one) 2. APPLICANT: OCCUPANT (if different) NAME: David L. Goode NAME: ADDRESS 155 Lee Avenue ADDRESS Winchester, VA 22601 TELEPHONE (540) 667-9039 TELEPHONE 3. The property is located at (give exact directions and include State Route numbers): The property is located at 155 Lee Avenue (Route 764) which is approximately'/4 mile northwest of the Lee Avenue intersection with Martinsburg Pike (U.S. Rte 11). 4. The property has a road frontage of 100 feet and a depth of 321.47 feet and consists of 3.8891 acres. (please be exact) * Note that Pennsylvania Avenue is not constructed to the property; therefore, the road frontage and depth are taken from the Lee Avenue access. Also note that information is taken from most current plat of property recorded on May 8, 2002 and identified as Instrument # 020007545. This plat is attached. 5. The property is owned by David L. Goode as evidenced by deed from Linwood E. Dove; Gilbert Franklin Dove, Jr.; Paul A. Dove; Alfred A. Dove; Marvin N. Dove; Carolee H. Dove; Ethel V. Dove; Robert Lee Dove; Ann Miller Dove; Joyce Ann Dove Birmingham and Andrew Birmingham (previous owner) recorded in Deed Book 669 on Page 845 of the Deed Book of the Clerk of the Court for Frederick County. Attach a copy of the deed 6. Magisterial District: Stonewall 7. 14-Digit Property Identification No.: 54-((A))-34 8. The existing zoning of the property is: RP (Residential Performance) District 9. The existing use of the property is: Unimproved Page 2 of 6 0 10. Adjoining Property: USE North Residential; Nursing Home East Residential; Unimproved; Public Garage South Commercial Nursery West Residential (Star Fort Estates ZONING RP (Residential Performance District RP (Residential Performance) District B2 (General Business) District RP (Residential Performance) District 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 50-foot buffer distance variance for the 100-foot residential buffer required against the Star Fort Estates subdivision. The resulting variance would retain a 50' inactive buffer against the Star Fort Estates subdivision. A 95-foot buffer distance variance for the 100-foot residential buffer required against the rear lot lines of the residential parcels located along Lee Avenue. The resulting variance would allow the residential structures to be no closer than 60 feet and the parking lot to be no closer than 5 feet from the rear lot lines of the residential parcels located along Lee Avenue. 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 situational or condition of property, or - the use or development of property immediately adjacent thereto Mr. Goode is applying for the buffer variances described under item #11 due to the significant constraints that the required buffer distances place on the 3.8891-acre parcel. Strict application of the required buffer distances creates a maximum buildable area of 0.4439 acres, which is a reduction of 88.6% of the total acreage of this parcel. (Please refer to Exhibit A to visualize the impact to the parcel.) Approval of the variance would allow for the applicant to make reasonable use of the 3.8891-acre parcel. The buffer variance described under item #11 would allow for the development of 2.11 acres, or 54% of the total project site. (Please refer to Exhibit B to visualize the buildable area of the parcel). 0 Page 3 of 6 0 13. Additional comments, if any: The 3.8891-acre parcel is zoned RP (Residential Performance) District and is only accessible via the 100 foot frontage located on Lee Avenue. The size and shape of the parcel, as well its' proximity to the City of Winchester is conducive to multifamily housing. Mr. Goode plans to develop this parcel in a manner that is an enhancement to this area of the community. The development plans include the construction of three (3) two-story apartment buildings that are all brick with metal roofs. Furthermore, Mr. Goode plans to enhance the reduced buffer distance area along the Star Fort Estates Subdivision through the provision of a landscape plan containing more plant materials than required by the Frederick County Zoning Ordinance. Mr. Goode plans to enhance the reduced buffer distance along the rear property lines of the parcels fronting on Lee Avenue through the use of opaque fencing, cluster tree and vegetative plantings and existing mature trees on this portion of the property. The landscape plan will be presented to the Frederick County Planning Commission for approval to ensure that all adjacent developments are adequately protected and that the project is an enhancement to this area of the community. The applicant is amenable to the Board of Zoning Appeals placing a condition of long-term bonding for the landscaping plan to ensure that this element matures to the satisfaction of Frederick County. Page 4 of 6 14. The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the variance is being sought, including properties at the sides, rear and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notified by mail of this application: NAME David L. Goode, Inc. Address 155 Lee Ave. Property ID# 54-A-34 & 40 Winchester, VA 22601 NAME James Lupton Address 191 Lee Ave. Property ID# 54-A-29 Winchester, VA 22601 NAME Winchester Manor, Inc. Address PO Box 4308 Property ID# 54-A-32 Silver Spring, MD 20914 NAME Kenneth Vaugh, Sr. Address 187 Lee Ave. Property ID# 54-A-35 Winchester, VA 22601 NAME Martin Gavis Address PO Box 284 Property ID# 54-A-36 & 37 Winchester, VA 22604 NAME ZAC, Ltd. Address 396 Gainesboro Road Property ID# 54-A-38 Winchester, VA 22603 NAME Ruby Funkhouser, et als Address 159 Lee Ave. Property ID# 54-A-39 Winchester, VA 22601 NAME Mark Mason Address 143 Lee Ave. Property ID# 54-A-41 Winchester, VA 22601 NAME Michael Weber Address 937 Martinsburg Pike Property ID# 54-A-46, 47 & 48 Winchester, VA 22601 NAME Jared Portch Address 116 Star Fort Dr. Property ID# 54A-2-8 Winchester, VA 22601 NAME Steve Evans Address 114 Star Fort Dr. Property ID# 54A-2-9 Winchester, VA 22601 NAME Ruth Eastep Address 112 Star Fort Dr. Property ID# 54A-2-10 Winchester, VA 22601 NAME Michael Hardware Address 110 Star Fort Dr. Property ID# 54A-2-11 Winchester, VA 22601 i Page 5 of 6 NAME Robert Stiefel Address 108 Star Fort Dr. Property ID# 54A-2-12 Winchester, VA 22601 NAME Audrey Bairossi Address 106 Star Fort Dr. Property ID# 54A-2-13 Winchester, VA 22601 NAME Charles Renner, Jr. Address 104 Star Fort Dr. Property ID# 54A-2-14 Winchester, VA 22601 NAME Ann Marie Morrison Address 102 Star Fort Dr. Property ID# 54A-2-15 Winchester, VA 22601 NAME Jamie Wade Address 100 Star Fort Dr. Property ID# 54A-2-16 Winchester, VA 22601 NAME Star Fort Estates Address 1625 South Loudoun Street Homeowners Association Property ID# 54A-2-6A Winchester, VA 22601 NOV-20-02 12:56 AM 0 11 P. 02 TOWN OF MIDDLETOWN PO BOX 696 MIDDLETOWN, VA 22645 (540) 869-2226 To: Evan Wyatt From; Mayor John A. Copeland Date:. November 19, 2002 Thank you for the opportunity to go on record in support of David Goode -s proposal. Speaking on behalf of the Middletown Town Council, we are more than pleased with the renovations by David and his firm at 7849 Main Street, Middletown. We would welcome the opportunity to showcase the final product to anyone interested. Also be advised by this board, that in our experience with David, we found him to be a man of his word and a Person who follows through on his commitments. Sincerely, �le)k,4- Mayor John A. Copeland COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street Winchester, Virginia 22601 54 - A- - 32- WINCHESTER MANOR PAMI MIDATLANTIC L cn 339 PARK AVE 8TH FL A r?, NEW YORK, NY O• ors N i 70 10022 I lift,, I ifillill fill fit f„f,f,,,f,l,tf,l,„fit! COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 November 5, 2002 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE 417-02 OF DAVID L. GOODE On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, November 19, 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 Variance #17-02 of David L. Goode, submitted by Greenway Engineering, for a 50-foot buffer distance variance for the I00-foot residential buffer required against the Star Fort Estates subdivision; and a 95-foot buffer distance variance for the 100-foot residential buffer required against the rear lot lines of the residential parcels located along Lee Avenue. The property is located at 155 Lee Avenue and is identified with Property Identification Number 54-A-34 in the Stonewall Magisterial District. Any interested parties having questions or wishing to speak may attend this meeting. A copy of the... applicationwill__be_available-for_revie__w_at_the_Handley Librany__the_ week__of_the_meeting,__or_at_the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, Mavlvj W Patrick T. Davenport Zoning and Subdivision Administrator PTD/ch 0:Ugendas\BZAWDJ01NER\2002 Adj\David Goode2.wpd 107 North Dent Street . Winchester, Virginia 22601-5000 VIRGINIA: IN THE CIRCUIT COURT FOR THE COUNTY OF FREDERICK MARTIN V. GAVIS and ZACH SMITH, Petitioners V. FREDERICK COUNTY BOARD OF ZONING APPEALS, Respondent CASE NO. LDa --0- PRAECIPE The Clerk is requested to place the above -styled cause on the Motions Day Docket of this Court to be held on the 15t' day of January, 2003, at 9:00 a.m., or as soon thereafter as the matter may be heard for the following purpose(s): Entry of order, judgment, or decree: Argument on pleadings (specify): Hearing on motion (specify): Pretrial conference X Set for trial on preliminary issues of fact. Other (specify) Set for trial on the merits, for which purpose I certify that the above -styled cause is matured for trial on its merits to be set for trial with ( ) or without ( ) a jury. Counsel's estimate of time required for hearing: 5 minutes Dated this 191" day of December 2002. MARTIN GAVIS, d/b/a COLONIAL GARAGE and ZACH SMITH BY: Q Aw 4. . COUNSEL PAUL H. THOMSON, ESQUIRE 219 South Loudoun Street Winchester, Virginia 22601 (540) 722-6286 . 0a VIRGINIA: IN THE CIRCUIT COURT FOR THE COUNTY OF FREDERICK MARTIN V. GAVIS and ZACH SMITH, Petitioners V. CASE NO. Loa-a(oB FREDERICK COUNTY BOARD OF ZONING APPEALS, Respondent PETITION FOR WRIT OF CERTIORARI COMES NOW the Petitioners, by counsel, and petition this Court to issue a writ of certiorari to the Frederick County Board of Zoning Appeals and prays this Court review the final decision of the Board made on November 19, 2002, regarding Variance No. 17-02, of David L. Goode. As grounds therefore, the Petitioners state as follows: 1. The Petition is filed pursuant to Va. Code §15.2-2314 (1950) as amended; 2. The Petitioners are adjacent land owners and tax payers who are aggrieved by the decision of the Board; 3. The Frederick County Board of Zoning Appeals applied erroneous principals of law in reaching this decision to grant a variance to David L. Goode; and 1 4. The Frederick County Board of Zoning Appeals committed plain error in making this decision and violated the purposes and intent of the zoning ordinance. MARTIN GAVIS, d/b/a COLONIAL GARAGE and ZACH SMITH BY: —1 'mil 6LV�� COUNSEL PAUL H. THOMSON, ESQUIRE 219 South Loudoun Street Winchester, Virginia 22601 (540) 722-6286 HALL, MONAHAN, ENGLE, MAHAN & MITCHELL A PARTNERSHIP OF PROFESSIONAL CORPORATIONS WILBUR C. HALL (1892-1972) THOMAS V. MONAHAN (1924-1999) SAMUEL D. ENGLE O. LELAND MAHAN ROBERT T. MITCHELL, JR. NAMES A. KLENKAR WILLIAM F. BURTON MICHELLE MORRIS JONES STEVEN F. JACKSON ATTORNEYS AT LAW I S 7 EAST MARKET STREET LEESBURG, VIRGINIA TELEPHONE 703-777-1050 FAX 703-771-4113 9 EAST BOSCAWEN STREET WINCHESTER, VIRGINIA TELEPHONE 540-562-3200 FAX 540-662-4304 E-MAIL Iawyarsehallmonahan.eom April 17, 2003 Patrick Davenport, Zoning Administrator of Frederick County 107 North Kent Street Winchester, VA 22601 Re: Gavis, et al v. Frederick County BZA Dear Patrick: PLEASE REPLY TO: P. O. Box 848 WINCHESTER, VIRGINIA 22604-0848 This will advise that the hearing in the above case has been set for Tuesday, June 17, 2003, at 9:00 a.m. in the Circuit Court of Frederick County. I will be in touch with you prior to the hearing date to discuss the testimony and other evidence which may need to be presented at the hearing. In the meantime, if you have any questions, please contact me. With kind regards, I am RTM/ks Very truly yours, Robert T. Mitchell, Jr. APR 2 2 2003 FREQE&COUNTY :L 'NiNG & DEVELOKIENT RTM/art 03/03/03 VIRGINIA: IN THE CIRCUIT COURT FOR THE COUNTY OF FREDERICK MARTIN V . GAVIS and ZACH SMITH, Petitioners V. FREDERICK COUNTY BOARD OF ZONING APPEALS, Respondent Case No. L02-268 RESPONSE TO PETITION Comes now, the Respondent, Frederick County Board of Zoning Appeals, by counsel, and for its response to the Petition filed herein states as follows: 1. The Respondent admits the allegations in Paragraph 1. 2. The Respondent has insufficient knowledge to admit or deny the allegations in Paragraph 2, and calls for strict proof thereof. 3. The Respondent denies the allegations of Paragraph 3. 4. The Respondent denies the allegations of Paragraph 4. 5. The Respondent denies that the Petitioners are entitled to the ; 0( relief prayed for, or any other relief. Wherefore, the Respondent moves the Court to dismiss the Petition and to award to Respondent its costs herein expended. . Robert T. Mitchell, Jr., Esq. VSB # 003190 Hall, Monahan, Engle, Mahan & Mitchell 9 East Boscawen Street Winchester, VA 22604 (540) 662-3200 Phone (540) 662-4304 Fax FREDERICK COUNTY BOARD OF ZONING APPEALS By: c2m Counsel CERTIFICATE I hereby certify that on this b day of March, 2003, a copy of the foregoing was mailed, postage prepaid by first-class mail, to Paul H. Thomson, Esq., 219 South Loudoun Street, Winchester, Virginia 22601, Counsel for Petitioners. `�1,1 Robert T. Mitchell, Jr. RTM/art 03/03/03 VIRGINIA: IN THE CIRCUIT COURT FOR THE COUNTY OF FREDERICK MARTIN V . GAVIS and ZACH SMITH, Petitioners kv FREDERICK COUNTY BOARD OF ZONING APPEALS, Respondent Case No. L02-268 CERTIFICATION The undersigned hereby certifies that the attached documents are true and accurate copies of all documents referenced in the Writ of Certiorari entered in this cause on February 5, 2003, and which are in the possession of the BZA. The BZA has no verbatim transcript of the subject proceedings before the BZA. Patrick T. Davenport Zoning Administrator RTM/art 03/03/03 VIRGINIA: IN THE CIRCUIT COURT FOR THE COUNTY OF FREDERICK MARTIN V . GAVIS and ZACH SMITH, Petitioners V. FREDERICK COUNTY BOARD OF ZONING APPEALS, Respondent Case No. L02-268 RETURN OF THE RESPONDENT Comes now the Respondent, Frederick County Board of Zoning Appeals, by counsel, and does hereby file its Return in accordance with the Writ of Certiorari entered herein on February 5, 2003. FREDERICK COUNTY BOARD OF ZONING APPEALS By: Counsel Robert T. Mitchell, Jr., Esq. VSB# 003190 Hall, Monahan, Engle, Mahan & Mitchell 9 East Boscawen Street Winchester, VA 22604 (540) 662-3200 Phone (540) 662-4304 Fax CERTIFICATE I hereby certify that on this ��_ day of March, 2003, a copy of the foregoing was mailed, postage prepaid by first-class mail, to Paul H. Thomson, Esq., 219 South Loudoun Street, Winchester, Virginia 22601, Counsel for Petitioners. Robert T. Mitchell, Jr. �._ 1 .. ... .•(:... .. .... ... ��.... ...tom.... •:.i .•..n...,... �.�.'.• Page 6 of 6 AGREEMENT VARIANCE #"7- Z 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 01 ©"Z- SIGNATUREOF OWNER p v DATE j011�lo 2-- (if other than applicant) -OFFICE USE ONLY BZA PUBLIC HEARING OF Nov. 11. 20OZ ACTION: DATEJ APPROVAL SIGNED: Z CHAIRMAN DENIAL DATE: 1 t 1 M_I 0Z• COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 November 25, 2002 Mr. Evan A. Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: VARIANCE #17-02 OF DAVID L. GOODE Dear Mr. Wyatt: This letter is to confirm that the above -referenced application was approved by the Board of Zoning Appeals at their meeting on November 19, 2002. This action grants David L. Goode a 50-foot buffer distance variance -for the 100-foot residential buffer required against the Star Fort Estates subdivision; and a 95-foot buffer distance variance for the 100-foot residential buffer required against the rear lot lines of the residential parcels located along Lee Avenue. This approval was granted contingent upon the administrative approval of a site plan and the posting of a bond for a 10-year period to guarantee the landscaping and stormwater management. The property is located at 155 Lee Avenue and is identified with Property Identification Number 54-A-34 in the Stonewall Magisterial District. Please feel free to call this office if there are any questions regarding this approval, the submittal of a site plan, or the process of posting the required bond. Sincerely, �-o 'd Patrick T. Davenport Zoning and Subdivision Administrator PTD/ch cc: Building Inspections Jane Anderson, Real Estate David L. Goode O-\Agcndas\EZA\APPR_DEN.LTR\David L. Goodc2.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 • • David Goode Apartments - Front Aspect • • David Goode Apartments — Adjoining Structures Aspect 07/11/2002 07/12 0 0 2 w � U • Lee Avenue — Existing Commercial Garage/Auto Sales lip Lee Avenue — Existing Commercial Garage/Auto Sales r ♦i # t � ✓ fY -- k 4 7 y _.. ,✓ice' _ -`.`�' . - � .,� .- .. ... _...'� _ ... _ ,�k2e RA �� � l R. i� \ •�' jjff F r �� f David Goode Office — Lee Avenue NOV-20-02 12:56 AM • P. 02 TOWN OF MIDDLETOWN PO BOX 696 MIDDLETOWN, VA 22645 (540) 869-2226 To: Evan Wyatt From: Mayor John A. Copeland Date: November 19, 2002 Thank you for the opportunity to go on record to support of David Goode's proposal. Speaking on behalf of the Middletown Town Council, we are more than pleased with the renovations by David and his firm a17849 Main Street, Middletown. We would welcome the opportunity to showcase the final product to anyune interested Also be advised by this board, that in our experience with David, we found him to be a man of his word and a person who follows through on his commitments. Sincerely, v6kx Mayor John A. Copeland W, • • Lee Avenue — Existing Commercial Garage/Auto Sales Lee Avenue — Existing Dwellings David Goode Office — Lee Avenue • • David Goode Apartments - Front Aspect 9 �xY�i�Y� is c j 07/11/2002 Wr 07/11/2002 07/11/2002' z Q 0 co 0 N O 0 N CD EXHIBIT A 54-A-35 cs� KENNETH S. J VAUGHN, SR. ZONED: RP io USE: RES. L9 L9 Nub 54-A-41 JAIME D. 54-A-3 'B L 0 BELFORD ZAC, 54-A-39 ZONED: LTD RUBY FUNKHOUSER, cn USE: 54-A-36 E 37 ZONED: et.a1. MARTIN 5. d RP ZONED: RP 1" CLAUDETTE H. USE: USE: RESID. 5 6 GAVIS ZONED: RP VACANT USE: RESID. 5 (o2°45'31rc 1 4o� �� 0 e 54-A-34 TOTAL LOT AREA 3.8891 AC. DRAINAGE AREA FOR STAR FORT ESTATES 54-A-4-1 E MICHAEL S. WEBER ZONED: 52 USE: NURSERY 1 N _ 5UILDA5LE AREA WITH OUT VARIANCE V�� 0.44313 AC. 1 @ N 50*25'00" W 678.92' STAR FORT ESTATES 54A-2-8 54A-2-9 STEVE A. t 54A-2-10 54A-.2-11 TONY C. < 4A-2-12 54A-2-13 54A-2-14 CHARLES COMMON AREA X TODD S. t M. DAIRA J. EVANS MICHAEL M. RUTH M. HARDWARE ONTY C. ARRIS DANTE t AUDREY F. J. RENNER, TAMARA EASTEP BAIROSSI SOWER R. ST.4 E ST,4T S ZONED: RP USE: RES. 54A-2-15 ANN MARIE J. MORR;SON E TODD FENTON c� Z cu 0=Ln W N co L� z C T __ Z 6 . fU W -i o m i j� _ N Z a s c . J 3 s Wn W u a x tA N L L 0 a a i 0 W 0 w U O Z A W ow o �H o r0� d v W a�w papqq A a J 54A-2-16 -4 DATE: MAY 22, 2002 JAMIE N. WADE IL SCALE:1"= 50' Ol DESIGNED BY: E1I JOB NO. 0880 IY) SHM I OF. I • 0 BZA REVIEW DATE: November 19, 2002 VARIANCE #17-02 DAVID L. GOODE LOCATION: The property is located at 155 Lee Avenue, north of Star Fort Estates at the terminus of Braddock Street and south of the properties located on the south side of Lee Avenue. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 54-A-34 PROPERTY ZONING & USE: Zoned RP (Residential Performance) District; Land use - Vacant ADJOINING PROPERTY ZONING & USE: Zoned RP (Residential Performance) Uses: Residential, Nursing Home, Unimproved and Public Garage; B2 (General Business) District Land Use: Commercial Nursery VARIANCES: 1) A fifty (50) foot buffer distance variance from the 100-foot residential separation buffer required against the Star Fort Estates Subdivision; 2) A 95-foot buffer distance variance from the 100-foot residential separation buffer required against the rear lot lines of the residential parcels located along Lee Avenue. REASON FOR VARIANCE: The zoning ordinance buffer requirements limit the potential to develop the property into (proposed) three two-story apartment buildings. (See numbers 12 and 13 of the application.) STAFF COMMENTS: The Residential Separation buffer requirements of the Zoning Ordinance are defined in § 165-37 A, Band C (2)(a)(b). The buffer requirements for placing apartment or multiplex housing types adjacent to single- family detached housing types are specified below [§165-37 C(2)(a)]. Screening Provided Inactive Active Total (feet) Full screen 75 25 100 Landscape screen 150 50 200 No screen 350 50 400 0 0 Variance #17-02, David L. Goode Page 2 November 4, 2002 § 165-37C (2) (b) states that "Buffers shall be placed between the garden apartment ofmultiplex structures and the lot line of the lots containing the other housing types." The applicant is choosing the full screen option. A full screen includes a landscape screen and a six -foot -high opaque element. A landscape screen contains three plants per 10 linear feet being four feet high at planting. Two-thirds of the trees in the screen are required to be evergreen. The proposed variance is a result of these requirements and the applicant's desire to construct three (3) multifamily housing units on a vacant lot. The applicant has not specified the number of units within each building or total number of units in the development. The applicant proposes this housing type adjacent to existing single-family detached dwellings. The applicant did not submit a proposed development site plan with this application package. Variance #1 is a request for a fifty (50) foot variance from the 100-foot residential separation buffer that is required against "Star Fort Estates" along the southern property line. The ordinance requires a minimum distance buffer of 100 feet since a full screening element is selected by the applicant. An inactive portion of 75 feet and active portion of 25 feet is required. Chapter 165-37B (1) (2) provides the requirements for screening and planting. A full screen must include a six -foot -high opaque element (berm or fence) and includes three trees per ten linear feet. The resulting variance would retain a 50-foot inactive buffer distance adjacent to the Star Fort Estates subdivision. The applicant is proposing to install more plants than what is required by the Zoning Ordinance. Variance #2 is a request for a 95-foot variance for the 100-foot residential separation buffer that is required against the residential parcels located on the northern side of the property along Lee Avenue. This variance would allow the residential structures to be no closer than 60 feet, and the proposed parking lot to be located no closer than five feet, from the rear property lines of the residences along Lee Avenue. The applicant is proposing to use an opaque fence, new plantings and existing trees to reduce the proximity impact the development may have upon the residences along Lee Avenue. STAFF CONCLUSION: This variance application is consistent with the August 20, 2002 request, which was denied. 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. The undue hardship provision is not satisfied because of the following two reasons: 1) Other residential housing types (with lower densities) other than apartments and multiplex types are an option. Development of other single-family housing types similar to the existing types (Star Fort Estates) is an option on the property and would not have buffer or screening requirements against the existing homes. Variance #11-02, David L. Goode Page 3 November 4, 2002 2) All multifamily developments within this zoning district that are adj acent to single-family must comply with the buffer requirements. The applicant is able to construct some apartment units at a smaller scale than what is proposed. Since criteria specified in §15.2-2309 (2) have not been met, denial of this variance would be justified. To offset the impact of the reduced buffers, if the variance is to be approved, § 15.2-2309 provides: "In authorizing a variance, the board may impose such conditions regarding the location, character and other features of the proposed structure or use as it may deem necessary in the public interest, and may require a guarantee or bond to ensure that the conditions imposed are being and will continue to be complied with." 0AAgendas\BZA\Staff Report\2002\David GoodeNOV_02.wpd 54 A8 LUP. 2 t:l 54 A 32 WINCHESTER MANOR, INC STAR F. ®TATtie HOA .. City of Winchester, Virginia 54 A 34 SHOCKEY C/ CR AN i J g "� 1 CUSTER — . I' City of / •' j ® Winchester, Virginia B i► CHAD ' E n P544 4a THIR �O ASE !i/ry 54 A 34 u; Q 9 GOODE SM HFIELD FARMS b 54 A 47 �, VAR # 17 - 02 S �R /+ } nn � -Zoning WEBER Location Map: David L.Goode ® w BER PIN: 54 A 50 54 - A -34 K&M ENTERPRISES N I TIE ® W+FF D 90 ISO Fed Oct. 25. 2002 • 54 A 28 Z A C LTD. 54 A 25A 54 A 29 SHOCKEY LUPTON J _ 54 A 32 WINCHESTER MANOR, U INC ¢' y C7 ®vie � AT 'W i� 54 A 42 CUSTER y su z a �J2 "C' STAR FORT P ESTATES HOA "�' S / >0 p 544 46 'Y OO N�ID'A j WEBER m=P JQ�� •` GOODE ti � 54 A 47 WEBER Fps 2 Q ti L 54 A 48 ® WEBER (� City of 54 A 50 Winchester, \ ENTERPRISES Virginia � y 54 A 34 City of Winchester, Virginia SMIHFIELDFARMS(%44 VAR # 17 - 02 (Ro - Zoning Location Map: David L.Goode PIN: 54-A-34 S 0 9 180 Feet Oct. 25, 2002 n9nir1)")f�ar� co 0 COMMON OF V69GINO CITY / OF +-V0dey'Ck TO W1T THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS 74�) DAY OF Ci' 20QZ.BY David L,, ondcI PYeSi C eot li MY COMMISSION EXPIRES reb► uo t 21 NOTARYIPUBLIV , 2004— SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS BOUNDARY LINE ADJUSTMENT SURVEY IS ALL OF THE LAND CONVEYED TO DAWD L. GOODE, INC. BY DEEDS DATED JANUARY 4, 1988 AND MARCH 6, 2002 RECORDED IN THE OFFICE OF THE CLERK OF THE FREDERICK rnl /NTY r lPrI /IT r'nlIPT AS 11FFl7 ROOK RR9 PAOF R4.5 AAln Aq INMTRI JUFAIT C:; C�: cc C-1: OTM. 54A—((2))-9 STEVE A. EVANS & DAIRA J. EVANS DB. 827 PG. 814 ZONED: RP USE. RESID. OTM. 54A—((2))-12 ROBERT J. STIEFEL, FR INST #01011172 ZONED: RP USE. RESID. OTM. 54A—((2))-15 ANN MARIE MORRISON TODD FENTON DB. 937 PG. 1721 ZONED: RP USE. RESID. 10 TM. 54—((A))-38 ZAC LTD. D8. 576 PG. 382 ZONED: RP USE.- RESID. OTM. 54A—((2))-10 TONY C. EASTEP & RUTH M. EASTEP DB. 827 PG. 102 ZONED: RP USE RESID. OTM. 54A—((2))-13 AUDREY F. BAIROSSI INST. #01 C' 0094 ZONED. RP USE. RESID & 8 O TM. 54A—((2))-16 JAMIE N. WADE & AMY R. WADE DB. 953 PG. 1340 ZONED: RP USE.- RESID. IRS = 112" IRON REBAR SET IRF = 1/2" IRON REBAR FOUND R/W = RIGHT OF WAY RESID. = RESIDENTIAL OTM. 54A—((2))— l l MICHEAL M. HARDWARE D8. 946 PG. 991 ZONED: RP USE.- RESID. OTM. 54A—((2))-14 CHARLES J. RENNER, JR. DB. 805 PG. 462 ZONED: RP USE. RESID. OTM. 54—((A))-41 MARK L. MASON INST. #01001071 ZONED. RP USE. RESID. GSTAR FORT ESTATES HOME OWNERS ASSOC. DB. 747 PG. 152 ZONED: RP USE.- VACANT AREA TABULATION ORIGINAL AREA ADJUSTED AREA TM. 54—((A))-34 2.7690 ACRES 3.8691 ACRES TM. 54—((A))-40 0.3440 ACRES 0.0000 ACRES R/W (VACATED) 0.7757 ACRES 0.0000 ACRES 3.8891 ACRES 3.8891 ACRES NOTES: 1. NO TITLE REPORT FURNISHED. EASEMENTS OTHER THAN SHOWN MAY EXIST. 2. THE BOUNDARY INFORMATION SHOWN HEREON IS BASED ON A CURRENT FIELD SURVEY BY THIS FIRM. J. THIS PARCEL LIES ENTIRELY WITHIN FLOOD ZONE "C", AREAS OF MINIMAL FLOODING AS PER F. 1. R. M. COMMUNITY PANEL #510063 0105B, DATED JUL Y 17, 1978. FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT TH op BETWEEN THE LANDS OF l DAWD L. GOODE, INC. STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: NIA DATE: APRIL 15, 2002 DARREN S. FOLTZNo.002257 GREENWAY ENGINEERING Gs 036 151 WINDY HILL IANE le // o� Engineers WINCHESM, VA. 22602 SURD Y Surveyors TELEPHONE: (540) 682-4185 FAX: (540) 722-9628 Founded in 1971 www. reenwayeng.com 0880 SHT 3 OF 3 O O O .l^ :RGINIA:FREDERICK COUNTY, SCT. 11iis instrument of writing was produced w me on 0- 5O D ai__ / -24 A %1 _i wit re rtifi to of acknowiedgement thereto annexed s admitted to record. Ta imposed by Sec. 58.1-802 of and 58.1-801 have been paid. if assc&,,abk Clerk CONC. )WON. L4 PENNSYLVANIA AVENUE ( 50R/W) lRS 4 9 *J6'5L:-f 321.47' FORT TES PG. 1 1p `,l 01, 0 o r 0 O � o r o � 0 L3 IRS \,, IRF W IRF S �139. g A)),3�N� SR. k-(( Vp' 6 tM 5 S' G 3�RESIp KEN�E 53�PPUS�: pg. p: R 119 100 0 100 GRAPHIC SCALE (IN FEET) ZONE 31 0 s TM 54-((A))-34 Z 3.8691 ACRES ADJUSTED AREA rn o o z N Q� m o � o 0 w � D n 0 Ej Ll BRADDOCK Smar F (50' R�) 8 3�1315 0 � M8 R ��S�PPGSREST ZNEpR T Pa - CD o �, Y FAN Rp0 USE: RE + R� pNEp r 0 .p g� W S 2 25395 o IRF S 62'45'31 " E 50.00, TM. 54-((A))-47 MICHEAL SMITH WEBER DB. 455 PG. 746 ZONED. B2 USE. BUSINESS SEE SHEET 3 FOR LEGEND, NOTES AND ADJOINER TABLE. IRF 1/L�I�rI:7h LINE BEARING DISTANCE L 1 S 37'43'26" W 50.18' L2 S 62'45'31 " E 100.00" L3 S 27'1429" W 10.89' L4 S 49'36'51 " W 906.2 1' FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT BETWEEN THE LANDS OF DAVID L. GOODE, INC. STONEWALL MAGISTERIAL D/STR/CT, FREDERICK COUNTY, VIRGINIA SCALE: 1 " = 100' 1 DATE: APRIL 15, 2002 GREENWAY ENGINEERING 151 WINDY HILL LANE Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 682-4185 eq'i'v 0F' DARREN S. FOLTZ No. 02257 Or>3�c} SI7R�� FAX: (540) 722-9528 Founded in 1971 www.greenwayeng.com )k' 0 • COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 PUBLIC. HEARIJI Ir November 5, 2002 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE #17-02 OF DAVID L. GOODE On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, November 19, 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 Variance #17-02 of David L. Goode, submitted by Greenway Engineering, for a 50-foot buffer distance variance for the 100-foot residential buffer required against the Star Fort Estates subdivision; and a 95-foot buffer distance variance for the 100-foot residential buffer required against the rear lot lines of the residential parcels located along Lee Avenue. The property is located at 155 Lee Avenue and is identified with Property Identification Number 54-A-34 in the Stonewall 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, MOW-4 Patrick T. Davenport Zoning and Subdivision Administrator PTD/ch 0A\Agendas\BZAWDJ0INER\2002 Adj\David Goode2,wpd 107 North Kent Street • Winchester, Virginia 22601-5000 • This is to certify that the attached correspondence was County, Virginia: 54 - A- - 34- GOODE, DAVID L INC 155 LEE AVE WINCHESTER, VA 22601-4939 54 - A- - 29- LUPTON, JAMES T & MARY M 191 LEE AVE WINCHESTER, VA 54 - A- - 32- WINCHESTER MANOR, INC PAMI MIDATLANTIC LLC 339 PARK AVE 8TH FLOOR NEW YORK, NY 54 - A- - 35- VAUGH, KENNETH S SR 187 LEE AVE WINCHESTER, VA 22601-4939 mailed to the following on from the Department of Planning and Development, Frederick 54 - A- - 39. FUNKHOUSER, RUBY ET ALS 159 LEE AVE WINCHESTER, VA 22601-4939 54 - A- - 41- MASON, MARK L 143 LEE AVE WINCHESTER, VA. 22601.4939 54 - A. - 46. WEBER, MICHAEL SMITH 937 MARTINSBURG PIKE WINCHESTER, VA 22601-4306 10022 54A - 2- - 8- PORTCH, JARED W & ANGELA M 116 STAR FORT DR WINCHESTER, VA 22601-4931 22601-4939 54A - 2- - 9- EVANS, STEVE A & DAIRA J 54 - A- - 36- GAVIS, MARTIN B & CLAUDETTE 114 STAR FORT DR WINCHESTER, VA 22601.4931 PO BOX 284 WINCHESTER,VA 22604-0284 ( 014fifvUe 54 - A- - 38- 4470a4v'-�� ZAC,LTD. 396 GAINESBORO RD Patrick T. Davenport, CZA WINCHESTER, VA. 22603-2847 Zoning and Subdivision Administrator Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK I, �& ofl(L-b � ) , 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 I I - to -Da , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this LLth---dayof My commission expires on R& Iarl l N ARY PUBLIC 54A - 2- - 10- EASTEP, RUTH M 112 STAR FORT DR WINCHESTER, VA 22601-4931 54A - 2- - 11- HARDWARE, MICHAEL M 110 STAR FORT DR WINCHESTER, VA 22601.4931 54A - 2- - 12- STIEFEL, ROBERT J JR 108 STAR FORT DR WINCHESTER, VA 22601-4931 54A - 2- - 13- BAIROSSI, AUDREY F 106 STAR FORT DR WINCHESTER, VA 22601.4931 54A - 2- - 14- RENNER, CHARLES J JR 104 STAR FORT DR WINCHESTER, VA 22601.4931 54A - 2- - 15- MORRISON, ANN MARIE J & TODD, FENTON RICHARD 102 STAR FORT DR WINCHESTER, VA 22601-4931 54A - 2- - 16- WADE, JAMIE N & AMY R 100 STAR FORT OR WINCHESTER, VA 22601-4931 54A - 2- - 6-A STAR FORT ESTATES HOMEOWNERS ASSOC INC 1625 S LOUDOUN ST WINCHESTER, VA 22601.4445 TO: Barbara in Data Processing FROM: Car ff - Planning Department Please print sets of labels by: 0 !/. ¢, 2,00 2-- THANK YOU! 14. The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the variance is being sought, including properties at the sides, rear and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notified by mail of this application: NAME David L. Goode, Inc. Address 155 Lee Ave. Property ID# 54-A-34 & 40 Winchester, VA 22601 NAME James Lupton Address 191 Lee Ave. Property ID# 54-A-29 Winchester, VA 22601 NAME Winchester Manor, Inc. Address PO Box 4308 Property ID# 54-A-32 Silver Spring, MD 20914 NAME Kenneth Vaugh, Sr. Address 187 Lee Ave. Property ID# 54-A-35 Winchester, VA 22601 NAME Martin Gavis Address PO Box 284 Property ID# 54-A-36 & 37 Winchester, VA 22604 NAME ZAC, Ltd. Address 396 Gainesboro Road Property ID# 54-A-38 Winchester, VA 22603 NAME Ruby Funkhouser, et als Address 159 Lee Ave. Property ID# 54-A-39 Winchester, VA 22601 NAME Mark Mason Address 143 Lee Ave. Property ID# 54-A-41 Winchester, VA 22601 NAME Michael Weber Address 937 Martinsburg Pike Property ID# 54-A-46, 47 & 48 Winchester, VA 22601 NAME Jared Portch Address 116 Star Fort Dr. Property ID# 54A-2-8 Winchester, VA 22601 NAME Steve Evans Address 114 Star Fort Dr. Property ID# 54A-2-9 Winchester, VA 22601 NAME Ruth Eastep Address 112 Star Fort Dr. Property ID# 54A-2-10 Winchester, VA 22601 NAME Michael Hardware Address 110 Star Fort Dr. Property ID# 54A-2-11 Winchester, VA 22601 Greenvlr'y EPJ. I I APPROVALS! - I -. - _ i -gage Soi-6_. NAME Robert Stiefel Address 108 Star Fort Dr. Property ID# 54A-2-12 Winchester, VA 22601 NAME Audrey Bairossi Address 106 Star Fort Dr. Property ID# 54A-2-13 Winchester, VA 22601 NAME Charles Renner, Jr. Address 104 Star Fort Dr. Property ID# 54A-2-14 Winchester, VA 22601 NAME Ann Marie Morrison Address 102 Star Fort Dr. Property ID# 54A-2-15 Winchester, VA 22601 NAME Jamie Wade Address 100 Star Fort Dr. Property ID# 54A-2-16 Winchester, VA 22601 NAME Star Fort Estates Address 1625 South Loudoun Street Homeowners Association Property ID# 54A-2-6A Winchester, VA 22601 COMMONWEALTH OF VIRGINIA nFFIC'TAL REr7p7 F -UIT rrITT FREDERICK rTR'- EEERECEIPT DATE. TIME; 0?-27:03 AC 069 020000!0943 ST; CANT-7: jjK -E-7- ';.ql7 TYPE: PO p — NT: FUl-;. PA'ffl- iKTF5mENT 02000F4R 911rik"; p AG E RECUNDE-D. fl!t'0E!02 AT 0?.EA- ERANThRi;: DAVID L GOODI'i N i OC: cllt O ;z.RANTEE: DAVID L GOODE LA; N --T: AND ADDRPPQ - RECEIVED O' i DAVID GOODE "F CFErw $19.OA DESCRIPTION = 57; DIST (669-84E 02-4183) CONSIDSRATIN: .00 ASSMENAL: .00 4.,";: Ea-4-34 CODE DqCp-,ZTTnN pk�Tn COD.- nPCr.RT E .-,. IPTION PA 1 D 30, DEEDS 14.!fj 14= V S:-F z 106 Tpr'�NOLOEY FUND FEE 3.00 a- ITEND:i .10 0 9 I AMOUNT PAID: 19.00 MANGE AM7 .401 :1-ERK OF C.11KT, RTEE-CA P. hi]SA.N DC-18 (01) IM 3 0 0341 LIS OOD E. DGVE, ET AL i DAVID L. GOODE, INC. 5 i THIS DEED, made and eiseku ES0s!} N day of 1988, by and between LZNWOOD E. DOVE, unmarried, GILBERT FRANKLIN PM, JR., widowed, PAUL A. DM, unmarried, ALFRED A. Dy, unmarried, MARVIN N. DOVE, widowed, CAROLEE H. DM, I widowed, and ETHEL V. 2M, widowed, and ROBERT LEE 2M and ANN MILLER DOVE, husband and wife, and JOYCE ANN DOVE BIRMINGHAM and ANDREW BIRMINGHA":, husband and wife, parties of the first part, hereinafter called the Grantors, and DAVID L. GOODZ, INC., party of the second part, hereinafter called the Grantee. WITNESSETH: That in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations paid the Grantor by the Grantees on or before the delivery of this Deed, the receipt of all of which is hereby acknowledged, the N Grantor hereby grants and conveys, with general warranty, unto the Grantees in fee simple, jointly, as tenants by the entirety with the common law right of survivorship, the i following described real estate, together with all rights of w way, privileges and appurtenances thereto belonging and subject to all easements and legally enforceable restrictions ; of record affecting such realty: ,i All that certain tract or parcel of land, together with all the buildings and improvements thereon, lying and being in the County of Frederick, Virginia, a short distance north from .the Corporate limits of the city of Winchester, along the south aide of Lee Street, designated as 105 Lee Street, + and more particularly described as "Beginning at a point on ++ •��� the North side of Lee Street, in line with the land of Frank ! •: foreman and extending South a distance of one hundred fifty a:: (130#)feet to the land of Fred Crisman, thence west one 8K669?Go 46 hundred feet (1000) along the Fred Crisman line to the property of Mary Butler, thence North one hundred fifty feet hundree d feetgoo) to thencee Street, the beginning, being the same tract of land conveyed to Gilbert Dove by Llewellyn Jackson and Nenah L. Jackson, his wife, by deed dated June 17, 1946, and recorded in the Circuit Court of Frederick County, Virginia, in Deed Book 20a, at Page 324. All of those two certain unimproved lots of land, together belonging, th all p thereto onging, w located inta d he County ofFrederick, Virginia, immodiately North of the corporate limits of the City of Winchester, and designated as Lots 14 and 15, on the plat of the F. A. Crisman Lots. Lot No. 14 has a frontage on the East side of Pennsylvania Avenue of 301 feet, and extends in an Easterly direction with an irregular boundary, for a distance on. its Southern boundary of 369 feet, and 216 feet on its Eastern boundary. Lot No. 15 is located just East of Lot 14, and has a frontage on' its Western boundary of 216 feet, on its Eastern boundary of 261.8 feet, and on its Southern boundary of 369 feet, and on its Northern boundary of 237 feet, 6 inches, and being more fully shown on a plat and survey made by Lee A. Ebert, Surveyor, recorded at Deed Book 219, at Pago 235, and being the same property conveyed to Gilbert F. Dove and Lucy F. Dove, his wife, -by deed from Fred A. Crisman and Helen Z. Crisman, his wife, dated April 5, 2951, of record in the aforesaid Clerk's office at Deed Book 219 at Page 234. Gilbert F. Dove died intestate Octbber 19, 1954, leaving is his heirs at law, Lucy F. Dove, his wife, now deceased, laving died on June 1, 1961 intestate, and their children, klfred A. Dove, Paul A. Dove, Linwood E. Dove, Gilbert ?rbnklin Dove, Marvin N. Dove, Ethel V. Dove and Frederick :ee Drn•et Frederick Lee Dove now deceased, having died on rune 4, 1976 intestate, leaving his wife Carolee H. Dove as >ower of Attorney, and their two children, Robert Lee Dove ind Joyce Ann Dove Birmingham. The Grantors covenant that they have the right to convey fie within described propertyt that the same is free from all ieM and encumbrances except as may be hreinabove set orth, and that they will forever warrant and defend the itle thereto. -, �-9 /44, Cc66�t'lr,84 7 YIT7rZZS the tollovinq signatures and seals: r •:.._ .(�1�},wa (SEAL) LINWOOD E. DOVE, Ui Tr GILBLRT T. DOVE, JR,, �fl/i IL Widowed (SEAL) PAUL A. DOVE, Unmarried A 1J (SEAL)ALFR D A. DOVE, Unmarried •�l`F %0)1 ct'LL )!! (SEAL) MARVIN N. DOVE, Widowed (SEAL) CAROLEE H. DOVE, Widowed /(-Gt'(SEAL) ETHEL V. DOVE Wid ed / afi t✓ 4)� ( :'r' (SEAL) ROBERT LEE DOVE �%v_ Y/1GLG.. ��iSt� (SEAL) ANN MILLER DOVE (SEAL) JOYCE ANN DOVE B;RMINGHAM .f" / (8ZA.L) ANDREW 5IR1{INGHAM i i • �1 .: �aae�.w..e.• i BK6691 f9 oY STATE Or VZRGINIA to -wits I, jj a Notary Public in and for the State of Virginia, At Large, do hereby certify that LINWOOD E. DOVE whose name is signed to the foregoing instrument, �1. bearing date on the day of 1988, has personally appeared before me and acknowledged the same in my state and jurisdiction aforesaid. Given under my hand this V44tN day of , 1988. Hy Commission expires i NOTARY P11BLIC STATE Or VIRGINIA Or \•.,�e to —wits Z, ,,,,,,._�.yLL \�,, ,a Notary Public in and for the State of Virginia, At Large, do hereby certify that GILBERT F. DOVE, JR. whose name is signed to the foregoing instrument, bearing date on the 1t� day of y p . , 1988, has.personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this day of 1988. Ny Commission expires: 11 �� tlnl!` Y• •��� ••t NOTARY PU LICE �. 0 • •ern, K C. awn n u� (S�TA'TE OF VIRGIxIA En 6 69rc 6 4 g OF to -wit: a Notary Public in and for the State of Virginia, At Large, do hereby certify that PAUL A. DOVE whose nave is signed to the foregoing instrument, bearing date on the .oaf: day of ��cn,�, , 1988, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this JA_ day of w`Ywr , 1988. my Commission expiress �ti .►►.\Ct1 ` y'.. NOT PU I.I.0 STATE OF VIRGINIA OOr \Ak(-4V%-A1' , to -wits Ir 11.�s� �• �, a Notary Public in and for the State of Virginia, At Large, do hereby certify that ALFRED A. DOVE whose name is signed to the foregoing instrument, bearing date on the I�: day of NIC1 , 1988, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this _NAB•, day of .�1988. my Commission expiress-��, _ �� •�`�J ' ,'Aww. � 4 NOTARY PUBLIC ti STATE OF WEST VIRGINIA OF to -wit: BIS 6 6 9 PG Q 5 a Notary Public in and for the State of Virginia, At Large, do heroby certify that ETHEL V. DOVE whose name is signed to the foregoing instrument, bearing date on the day of _\r_t.— , 1988, has personally appeared before as and acknowledged the same in my } State and jurisdiction aforesaid. Given under my hand this 'day of -� 1988. MY Commission expires:_yy • \� ����� ,~� ,�� " . NOTAR PUUBLPC T OF VIRGINIA � �STATE t ,�„ Ot�(jl. n •:.�c� , to—vit, I� `t• �� ��", Notary a Public in and for the State of Virginia, At Large, do hereby certify that ROBERT LEE DOVE whoso name is signed to the foregoing instrument, bearing date on the N�T* day of _`y , 1988, has i personally appeared before se and acknowledged the same in my state and Jurisdiction aforesaid. .i Given under my hand this day of —Net`. 1988. NY Commission expires:_ tl\42., rwnaw r w 981D.IM ones" � AR C i y JV C,., Te-R z e 7 STATE Or %tMINIA' B((6 6 9 PC 8 5 2 Or Y kr illfs Y r , to-viti �TI, ,l ,,.mot KI laer•.Fvrrr„ a Notary Public in and for the State of Virginia, At Large, do hereby certify that ANN PULLER DOVE whose name is signed to the foregoing instrument, �1. bearing date on the 1 day of -"--t,a_, 1988, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given :odor my hand this day of .l:.l ll , 1988. My Commission expiresi (��rt.�ri.1lr �i• I�Y1l` �''�� �, • i r, � t NOTARY BL,IC'•.' ' q,�lw 7rre�i-� • STATE OF VIRGINIA !�f, s Or rat' r.•r. e ✓ , to -Mitt I,+lei•'. C'���:o , a Notary Public in and for the A.Y— I r.rir State of Virginia, At Large, do hereby certify that.JOYCE ANN DOVE BIRMINGHAM whose name is signed to the foregoing ci instrument, bearing date on the /S day of mat.' , 1988, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given undor my hand this / j��l day of My Commission expires: r: t• : ' "•` l; e�wrwrw' NOTARY ~PUBLIC WWCWFW% mom 6 (�,'3 i I i t v t S t7o�r► r.m- Q fpY/T� ,T • amm..1 A MV vroocmmmgrtmmk TWY k t— 7 e r" L-17 STATE OF VIRGINIA BK 6 6 9 PG 0 5 3 �.�t. OF to -wit: a Notary Public in and for the State of Virginia-, �t Large, Tdo hereby certify that ANDREW a BIRMINGHAH whose name is signed to the foregoing instrument, bearing date on the L!i�-! day of -1,"-A.'• , 1988, has personally appeared before me and acknowledged the same in my state and jurisdiction aforesaid. act Given under my hand this /S - day of AA/ .988. . 1' Hy Coamiasion expires: NOTARY PUB vwn1,,f.A: rRimr-iml'1tcounIY. se7. 1 tti7 U L'mCul t,l i IR v.:» Ia :�.' ^d to ric on t: '. cud tntti r• was adulitir•i it rr:.,...1. I'm iiaPr: L'i � �'�atld :'3�:p+•! Iu%��UlLCr%�t I•• i . LLL M y 6 6 GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 Founded in 1971 TRANSMITTAL Project Name: File No.: Date: David Goode -Lee Avenue 680 October 18, 2002 To: FC Planning Attn: Eric Lawrence Copied: From: Evan Wyatt/dls GREENWAY ENGINEERING Phone: 540-662-4185 Fax: 540-722-9528 Remarks: 17. Urgent r For Your Review As You Requested 1' Please Comment Message: Eric, Attached is the following for the above variance request: -Signed Variance Application -Application fee check -Copy of recorded Deed/Deed receipt -Copy of recorded Boundary Line Adjustment Plat -Exhibits The fee check does not include a sign deposit fee because our client already has the sign. Thank you for your assistance with this project. Call with any concerns RECEIVED OCT 18 2002 ON Engineers Surveyors Telephone 540-662-4185 FAX 540-722-9528 greenway@visuaUink.com 0 N S DEPT. OF GEOGRAPHIC IN-FORI%4ATIONI SYSTEMS FREDERICK COUNTY, VIRGINIA GIS, MAPPING, GRAPHICS ®R QUEST DATE RECEIVED: REQUESTED REQUESTING AGENT: i Department, Agency, or Company: Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROJECT: FAX: DATE: DESCRIPTION OF REQUEST: (Write addition 'on on back of request) • p�vi� �- . Good DIGITAL: APER: FAX: E-MAIL: - ..._ SIZES: ---- -- - COLOR: BLACK/WHITE: NUMBER OF COPIES: STAFF MEMBER: COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: HOURS REQUIRED: AMOUNT PAID: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651)