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HomeMy WebLinkAbout21-05 William G Busko 15' Side, 20' Side & 25' Rear (Lot 17) - Opequon - BackfileBOARD OF ZONING APPEALS Variance Request Tracking Sheet Date: % Os- File opened `7 �"09- Reference Manual updated/number assigned D-base updated oS" ;pie 8 W location ma requested from GIS 7 ar' /V-0, - L-67 0 /h.P—c Two sets of labels requested from Data Processing 7•oZ7.0 Fiven to Renee' to update Application Action Summary MEETING DATE: /� OS FINAL ACTION: CLOSE OUT FILE: /UY—Approval (or denial) letter mailed to applicant/copy made for file .�— File stamped "approved", "denied" or "withdrawn" Reference Manual updated D-base updated a� File given to Renee' for final update to Application Action Summary u:\Bev\Common\Tracking sheets\BZA Trackmg.bza Revised 05/25/01 Ir or ;vk\ )-- � C-1 Is T— lZ DATE C) 1) RECEIVED FROM '-o cc 0,_ sic, 100 DOLLARS 0 FOR RENT 0 FOR t ACCOUNT PAYMENT BAL. DUE 0 CASH FROM-/ L) Lo TO CHECK 0 MONEY ORDER BY 7 pm i CSi V �✓'1 , I L c L rCc N ® _ 2 j , ! 1 DATE d n RECEIVED FROM C CO' i Lao ,_% i`.Lt.✓t'1'�S . Cs, . i f 1 rJ DOLLARS ~" �OFOR RENT t,�f' / FOR 1/a, LG1th t(n .L C ,i .<i CASH ACCOUNT r PAYMENTt�; 1 %1 GHECK�F �^ TO { 3 OMONEY BAL. DUE; By C✓�Q/,�_�m, ORDER ? 1182 2 7 3 6 ,' 5 DATE � -�,{: �� �� � 'Ls�r i Z C., No l; RECEIVED FROM o CO �. �1 CCG°.Ql �+/ C Qi jr— 5���°� v/� Q ' (0«' OLLARS O OR RENT FOR OCASH FROM- TO CHECK �qI MONEY BY �.2 (—)MONEY 1182 ACCOUNT PAYMENT BAL. DUE 0 a COU TAM. Department of Planning and Development 540/665-5651 FAX: 540/665-6395 August 24, 2005 Mr. Michael Artz Artz & Associates, PLC 16 E. Piccadilly St. Winchester, VA 22601 RE: TWO VARIANCE REQUESTS, 421-05 AND #22-05, OF WILLIAM G. BUSKO Dear Mike: This letter is to confirm that the above -referenced applications were approved by the Board of Zoning Appeals at their meeting on August 16, 2005. The request on parcel bearing Property Identification Number 86B-1-A-17 was for a 35' side -yard, 30' west side -yard and 75' rear variance; and, parcel bearing Property Identification Number 86B-2-A-16 was for a 30' side - yard variance, 40' west side -yard variance and 75' rear variance. The properties are located off of Double Church Road (Route 641) on West Street (Route 849) in Lone Oak Subdivision, in the Opequon Magisterial District. If you have any questions regarding this action, please feel free to call this office. Sincerely, Mark R. Cheran Zoning and Subdivision Administrator 1WRT61971ro cc: William G. Busko, 187 Briarwood Lane, Winchester, VA 22603 Jane Anderson, Real Estate John Trenary, Inspections 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 FILE COPY • COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/665-6395 MEMORANDUM TO: Finance Department FROM: Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: September 1, 2005 The amount of $100.00 was deposited in line item #3-010-019110-0008 for the company named below had a deposit for (two) signs for a Variance #21-05 and 22-05 for William G. Busko. The company has returned the sign and is therefore entitled to the return of the deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $100.00 to: RSA/pd a.o1-65 Artz & Associates 16 E Piccadilly St. Winchester, VA 22601 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 u n • • P., -;" kl, WACHOVIA BANK sag 1I�vO sign deposit for job 21303 and 213041 7854 50.00 50.00 100.00 1 le es Due. ` mmissioner of the -ess Creasurer 15 .604-0225 07 ress erick.va.us Online Payments ZICK.VA.US ice�urs � 30 am to 5:00 pm during peak times, watch :al media. .EGISTRATION T A X R E C E I P T ures hereon are true, full ar ;e and belief. ,pERICK COUNTY _ Yes _ WILLIAM ORNDOFF, JR P.O. BOX 225 �— HESTER VA 22604-0225 • Ticket #:000 S080 005 01 Date Register: CJO/CJ Trans. #: 11228 Dept # 1095 Acct# WINO Previous SIGN DEPOSITS PLANNING Balance $ Principal Being Paid $ Penalty $ Interest $ Amount Paid $ *Balance Due $ Cash 9.50 Check 2600.00 # CKS Pd by DEPT OF PLANNING 7/2005 BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 100.00 100.00 .00 .00 100.00 .00 VARIANCE APPLICATION #21-05 WILLIAM G. BUSKO Staff Report for the Board of Zoning Appeals Prepared: August 8, 2005 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Board of Zoning Appeals to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. BOARD OF ZONING APPEALS HEARING DATE: August 16, 2005 - Action Pending OVFD LOCATION: Off of Double Church Road (Route 641) on West Street (Route 849) in Lone Oak Subdivision MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER(S): 8613-2-A-17 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) Land Use: Vacant ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Use: Vacant South: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Vacant VARIANCE REQUESTED: 35' east side -yard variance, 30' west side -yard variance and 75' rear variance REASON FOR VARIANCE: The lot is exceptionally narrow and the current setbacks do not allow for a single family structure. 0 0 Variance Request #21-05, William G. Busko August, 2005 Page 2 STAFF COMMENTS: This 0.5993 acre property was created in 1963 as part of the Lone Oak Subdivision, as noted by the deed and plats included in your agenda. Frederick County adopted zoning in1967. The Frederick County historical zoning map shows this property was zoned A-2 (Agricultural General) in 1967. The property setback lines at the adoption of the zoning ordinance were 35'front and 15'sides. Frederick County amended its Code in 1989 to change the rural zoning districts to the current RA (Rural Areas) zoning district. The current setbacks for property in the RA zoning district abutting lots with residential use are: 60'front, 100'rear and 50' sides. STAFF CONCLUSIONS FOR THE AUGUST 16, 2005 MEETING: 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; 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 applicant is seeking a variance of 35' right side -yard variance, 30' left side -yard variance and 75' rear variance. Should this variance be granted, the building setbacks for this property would be: 15' right side; 20' left side; and 25' rear. It appears that this variance meets the intent of the Code of Virginia, Section 15.2-2309 (2). This request from the current setbacks of the RA zoning district may be justified. WELCH 86 A 44 O C/I FIFE 86 A 45D BLASUTTO 86 A 45H GORE 86 A 230 RICHARDS 86 A 45C „ Forest Lakes Limited m v 86 A 227 � D n x RICHARDS N P .o Gj 'tio 86 A 45F jO 0S"'P y �mm mGs O`c0 pJ� P x' 0 rD 1 ti Bsd cOy 9� �00 `r ae Ym hQ �' 0 s 9sA lO q v( N A g co 9I ss dy 9 Of rn z Ott 0,0 NEFF 00 Gl�d' {s -12A > S�\FE3Ogo 868 3A 25 96d'i v P q� �F�r g69 Ba'PGAP 9�,Oy� dLG�yf 's,9 B6e OMes cd c d'&sG;pgC Gc, s +YO y e yy r y ell 9 q9 y A 6G'BC9 ,3 B6Blo 0� 9�P� yPA q �9 esB ly y 04- me cp �� ee' Bsm Gp cs A eB ycF �' Gv n4 Bs yF 9 ° R0 l 9� e B6dGs vG G`P d le, vG PGF Bs yF� y B 60 9 sB �c' �,r y �04, up vG yO ye pGF Od, q3? a 96A l<" I B v cSp 868 8R0).yN Bed ta?i !L �d` sB9yOG ,� 9 F HUFFMAN 8s yF 868 1 B 5A > �Oy � y� y s e B� A -k06 \Pp $P OQ �0 vG 04, vq 66 0,O $�4, PWO q r& op 9q -V 9 a8 �' 9sB yFA, NEFF yct�? qua 86 A 229 Oy o. 060 y�y? 19 WHITE �q Oy 86 A 229 its yfey_ �p 9 04, B6 FCC/0 41 Map Features Zoning BAppl—Eon Lakest%rds ~ Bnd9es /�/ eulverts ^� Dams © Bt (Business, Neighborhood District) B2 (Business, General District) MS (Medical Support District) ♦ R4 (Residential, Planned Community District) .M— Streams ReWri,n Walls B3 (Business, Industrial Transition District) R5 (Residential Recreational Community District) Buddinps Road Centerlines EM (Extractive Manufacturing District) O RA (Rural Areas District) . Tanks N HE (Higher Education District) Q RP (Residential Performance District) OParcels ^� Traas Mt (Industrial, Light District) Q M2 (Industrial, General District)O N SWSA .o UDA MH7 (Mobile Home Community District) W E S Variance # 21 - 05 William Busko (8613-2-A-17) 0 125 250 500 Feet if NA BLASUTTO 8§ A 45H GORE 86 A 2 'Po 411 �N EFF, 400 k;2 9 WHITE A 86 228 Map Features Zoning B"dq- Variance # 21 - 05 8Ap'L aeo CU " � 0 61 (Business, Neighborhood District) # MS (Medical Support District) L,k,sIPo,ds Dams 0 B2 (Business. General District) * R4 (Residential, Planned Community District) William Busko Streams Retaining Walls * B3 (Business, Industrial Transition District) + R5 (Residential Recreational Community District) Buildings Road Centerlines EM (Extractive Manufacturing District) Q RA (Rural Areas District) 86B - 2 - A - 17 TanksHE (Higher Education District) RP (Residential Performance District) 0 Ml (Industrial, Light District) N Trails Q M2 (industrial, General District) OSWSA UDA MH1 (Mobile Home Community District) W 6&—N WE 0 125 250 500 S Feet APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA OFFICE USE ONLY Variance Application No. �- E'S� Submittal Deadline 7/� Submittal Date For the meeting of U_& 4 As - Fee Paid: C%�� � yes Initials 0 Sign Deposit yes Sign Return Date: MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT The applicant is the Owner ✓ Other (Check one) APPLICANT: Michael Artz NAME: Artz & Associates, PLC ADDRESS: 16 East Piccadilly Street Winchester, VA 22601 TELEPHONE: 667-3233 OCCUPANT: (if different) NAME: ADDRESS: TELEPHONE: The property is located at (give exact directions and include state route numbers): Off VA Route 641/Double Church Road on Route 849/West Street in Lone Oak Subdivision; southeast of Stephens City The property has a road frontage of 79.81 feet and a depth of 270.36 feet and consists of .5993 acres. (Please be exact.) The property is owned by WILLIAM G. BUSKO as evidenced by deed from DONALD N. ROYAL recorded (previous owner) in Instrument No. 050009432 of the Clerk of the Court for Frederick County. (Attach a copy of the deed.) Magisterial District: Opequon Property Identification No.: 8613-2-A-17 The existing zoning of the property is RA The existing use of the property is Vacant Adjoining Property: North East USE Residential Vacant South Vacant ZONING RA West Residential RA Describe the variance sought in terms of distance and type. (For example: "A 3.5' rear yard variance for an attached two car garage.") 15' east side yard, 20' west side yard and 25' rear line variance for single-family dwellina List specific reason(s) why the variance is being sought in terms of: exceptional narrowness, shallowness, size or shape of property, or exceptional topographic conditions or other extraordinary situation or condition of property, or the use or development of property immediately adjacent thereto The lot is exceptionally narrow defined by current RA zoning; the current setbacks do not allow for a single-family structure The existina lot predates the current zonina ordinance. Additional comments, if any. 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 Ronald E., Jr., and Kelly A. Richards (property North) Address 1285 Double Church Road, Stephens City, VA 22655 Property ID# 86-A-45F NAME Douglas J. Larkin (property South/across West Street) Address 134 West Street, Stephens City, VA 22655 Property ID# 8613-2-13-18 NAME Fern C. Cone (property West) Address 127 West Street, Stephens City, VA 22655 Property ID# 8613-1-A-15 NAME Katherine S. Black, Trustee (property East) Address 135 West Street, Stephens City, VA 22655 Property ID# 86B-2-A-18 NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# Provide a sketch of the property (you may use this page). Show proposed and/or existing structures on the property, including measurements to all property lines and to the nearest structure(s) on adjoining properties. Please include any other exhibits, drawings or photographs with this application. E] 0 LONE OAK -SECTION I - SEPT. 1963 U2 LONE OAK -SECTION TWO - SEPT. 1965 (03 LONE OAK -SECTION 3 LONE OAK -SECTION FOUR US WOODSIDE -SECTION 1 - D.B. 331, PG. 315 AGREEMENT VARIANCE (Number assigned by the Planning Department.) 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 (we) authorize the members of the BZA and Frederick County officials to go upon the property for site inspection purposes. I (we) 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 (we) hereby certify that all of the statements and information contained herein are, to the best of my knowledge, true. SIGNATU E OF APPLICANT DATE 1� 5 SIGNATURE OF OWNER DATE �- Z Z �'�/ (if other than applicant) BZA PUBLIC, HEARING OF r" APPROVAL - OFFICE USE ONLY - gh6 A -'DATE- L,, "I/ SIGNED $6 BZA CHAIRMAN DENIAL DATE Special Limited Power of Attorney County of Frederick, Virginia Planning Office, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) WILLIAM G. BUSKO (Address) 187 BRIARWOOD LANE, WINCH (Phone) 722-6674 VIRGINIA 22603 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 050009432 Parcel Lot 17 Subdivision Lone Oak on Page 0341 and is described as Block A Section 2 do hereby make, constitute and appoint: (Name) Michael Artz, Artz & Associates, PLC (Phone) 667-3233 (Address) 16 East Piccadilly Street, Winchester, Virginia 22601 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: ❑ Rezoning (including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (preliminary and final) ❑ Subdivision ❑ Site Plan My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. I witness thereof, I (we) have hereto c , 200 5 my (our) hancj and seal this .4rd day of State of Virginia, City/County ofTo-wit: I, I✓tw n p_ P J� E1c�rs��1 , a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who is (are) known to me, personally appeared before me and has acknowledged the same before me in the jurisdiction afore id thisA� flay of f_, 200 S . My Commission Expires: -,')CU6 -7 o ary Publi •I 7563-6845 EBY/cmj r A I N I w co N 0 W �o N ct1 N a a� 0 a ko 9 El o m r- z ri W 00 H is 0 zzca 0. H �a� Q w w H H O U H 0 ,8 ' — Z,,A— (6 -9- /-7 o�u®o943`� THIS DEED, made and dated this 4" day of May, 2005 by and between. DONALD N. RQYAL hereinafter called the Grantor, and WILLIAM G. B S7 KO• hereinafter called the Grantee. WTI'NESSM: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantor does grant and convey, with General Warranty and with English Covenants of Title, unto the Grantee, in fee simple, together with all rights, rights of way, privileges improvements thereon and appurtenances thereto belonging, all of the following realty: All that those two (2) certain lots or parcels of land, together with the improvements thereon and the appurtenances thereunto belonging, lying and being situate in Opequon District, Frederick County, Virginia, designated as Lots 16 and 1'Z, Block A, Section Two, Lone Oak, on the plat and survey by Quentin R. �%ortt, C.L.S., dated September 30,1965 of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Books 317, at Page 697. AND BEING a portion of the property conveyed to Donald N. Royal and Mary E. Royal, husband and wife, as tenants by the entirety, with rights of survivorship, as at common law, by Deed from Donald N. Royal and Mary E. Royal, husband and wife, dated December 18,1979 of record in the aforesaid Clerk's Office in Deed m Book 517, at Page 142. The said Mary E. Royal, died March 9, 1994 testate and her Will is of record in the aforesaid Clerk's Office in Will Book 106, at Page 1134, et seq. In said Will, Article 4, the said Mary E. Royal devised and bequeath the aforementioned subject property to her husband, Donald N. Royal. References is hereby made to the aforesaid instruments and the references contained therein for a further and more particular description of the property conveyed Herein. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty. The Grantor does hereby covenant that he has the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and he will grant such further assurances of title as may be requisite. WITNESS the following signature and seal: rMAWINA .� STATE OF VIRGINIA COUNTY OF FREDERICK, To -wit: I, Cathy M. Jewell, a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Donald N. Royal, whose name is signed to the foregoing Deed, dated this 4`h day of May, 2005 has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 4' of May, 2005. My commission expires 12/31/08. Ibis aw—M .n P"P.W by. Ed.1n B. You "yk... L J.WWm WK. 4 Butk., P.LC. 112 &-k C-- S4mi Notary blic�� wk.h—" VkW_ Y2601 7 •' t7 4 (540)662 3496 VIRGINiIA: FREDERICK1_0UNTY. SCT. This instrument of writing was produced to me on Pa zoo S with It fi to of acknowledgement thereto annexe i was admitted to record. T i,nposed by Sec 58. t-802 of $i O So and 58.1-801 have been paid, if assessable A1\bu•kolot•16a17.fee.xpd � 2C1erk SECTION f �,� .! I,�i3 R„ "� CrEou0m DISTRICT 1A9'*i VIRGINIA 17 -5' 13 1 -00- I-,v I ezo Drainfields must be kept JOWD feet ., ., 041� Iz. . +* I / .11 j'su,snit L, 00 or a a ary cell inat . . -1 -A -- - I . . Frederick County Health D. N- cittiRg - fIlling is dralaft.ld part —at area wil-I be a1lowed. 46 2La Dept. of Higb%wy. Iq 18 0', 3 SU?VF-Y9RS CERTIFICATE Frederick Count, So," of Supervisors I hereby terrify that the, Plan 1.10 shown hateon is correct; that it Is 0 subdivision of part of the Land conveyed by Arthur J. Web.tj; Chairman at Ux to Arthur J. Web: 1942 tar at ux —d dated April 20 by D and recorded In the Land Record. of #It.LTN FrvJerick County Virginia in Deed yt 0 Book 27 at pa106. 257.32 ge Po OV, z The area of Section-2 is 4.34 acres QUMIIN R. SHMIT R11FICOM No. o Septemeber N__1965 4i. 511 ENTIN R. SHOUT A, ERTIFIED LAND SURVEYOR • actin R. Shcrtt SME. \nRGNIA__ 0 Lj • NOTES: 1. BOUNDARY SHOWN HEREON WAS DETERMINED BY A FIELD RUN SURVEY PERFORMED BY ARTZ & ASSOCIATES ON JULY 15, 2005. IRON PIPE 2. THIS PLAT IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. FOUND 3. ALL PROPERTIES ARE ZONED RA. USES ARE RESIDENTIAL. 06 TM #86-A-45F RONALD E., JR & KELLY A. RICHARD5 #020019946 IRON PIPE i I i I PROPOSED \ HOUSE 15.0' 'g3 0 TM #868-2-A-16 WILLIAM G. BUSKO #050009432 LOT 16 �I o o v � of 4. �I m cI PROPOSED DRAINFIELD �A _ J \ E I51 60 BRl LOT 17 0.5993 ACRES IRON PIPE FOUND REBAR FOUND SHEET 2 OF 2 TM #866-2-B-18 DOUGLAS J. LARKEN 476/660 LOT 18 CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C1 352.84' 79.79' 79.62' S 7T45.54- W 12-57'22- PROPOSED HOUSE LOCATION ON LOT 17 LONE OAK, BLOCK A, SECTION TWO OPEQQUON DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1" = 40' DATE: JULY 22, 2005 PRESENT OWNER: WILLIAM G. BUSKO TM #86B-2-A-17 INST. #050009432 PROJECT #21303 1H OF MICHAEL M. ARTZ v No �-"ln 1951 s �'�ND SUR'4'�y Artz and Adyociatep, PLd A Oubfidiary of Valley Engineering, PLC LAND SURVEYING LAND PLANNING DEVELOPMENT 16 East Piccadilly Street 'h'INCHESTER, VA 22601-4740 TEL 540-667-3233 FAX 540-667-9188 � TOLL FREE 1-800-755-7320 � NOTES: 1. BOUNDARY SHOWN HEREON WAS DETERMINED BY A FIELD RUN SURVEY PERFORMED BY ARTZ & ASSOCIATES ON JULY 15, 2005. IRON PIPE 2. THIS PLAT IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. FOUND 3. ALL PROPERTIES ARE ZONED RA. USES ARE RESIDENTIAL. TM #86-A-45F RONALD E., JR & KELLY A RICHARDS #020019946 IRON PIPE FOUND TM #86B-2-A-16 WILLIAM G. BUSKO #050009432 LOT 16 o. \ 20 d 6 i I PROPOSED HOUSE I 15.0' � -o �I o o v, -v 0 of m� m N\ a o I o � I � o \ PROPOSED I DRAINFIELD I ,\ \ _J E' L 1Sj 60 BR LOT 17 0.5993 ACRES �� REBAR FOUND IRON E FOUND VVC 60 R� TM #86B-2-B-18 DOUGLAS J. LARKEN 476/660 LOT 18 CURVE RADIUS ARC LENGTH CHORD LENGTH I CHORD BEARING DELTA ANGLE C1 352.84' 79.79' 79.62' S 77'45'54" W 12.57'22" PROPOSED HOUSE LOCATION ON LOT 17 LONE OAK, BLOCK A, SECTION TWO OPEQUON DISTRICT, FREDERICK COUNTY, VIRGINIA 5CAL :1" = 40' DATE: JULY 22, 2005 PRESENT OWNER: WILLIAM G. BUSKO TM #86B-2-A-17 IN5T. #050009432 .L7 H or V, 0MICHAEL M. ARTZ v No. 1951 '1�.�N0 S U R`1 EEO PROJECT #21303 E f 7563-6845 EBY/cmj I I N 1 v� ao N c7 wa N La N �a 0 o ko al'��w LO I U am -z ,-i l0 co H V1-w �: in 4012-1 zz0(� H • al', En w w w Q � H Q 4 U H 0 1� � 13 - z,,.A, 16 J- /-7 THIS DEED, made and dated this 4" day of May, 2005 by and between DONALD N. $(3YAL. hereinafter called the Grantor, and WILLIAM G. BUSKO. hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantor does grant and convey, with General Warranty and with English Covenants of Title, unto the Grantee, in fee simple, together with all rights, rights of way, privileges improvements thereon and appurtenances thereto belonging, all of the following realty: All that those two (2) certain lots or parcels of land, together with the improvements thereon and the appurtenances thereunto belonging; lying and being situate in Opequon District, Frederick County, Virginia, designated as Lots 16 and ,,31ock A, Section Tw_o, Lone Oak, on the plat and survey by Quentin R. Shortt, C.L.S., dated September 30,1965 of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Books 317, at Page 697. AND BEING a portion of the property conveyed to Donald N. Royal and Mary E. Royal, husband and wife, as tenants by the entirety, with rights of survivorship, as at common law, by Deed from Donald N. Royal and Mary E. Royal, husband and wife, dated December 18,1979 of record in the aforesaid Clerk's Office in Deed Book 517, at Page 142. The said Mary E. Royal, died March 9, 1994 testate and her Will is of record in the aforesaid Clerk's Office in Will Book 106, at Page 1134, et seq. In said Will, Article 4, the said Mary E. Royal devised and bequeath the aforementioned subject property to her husband, Donald N. Royal. References is hereby made to the aforesaid instruments and the references contained therein for a further and more particular description of the property conveyed herein. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty. The Grantor does hereby covenant that he has the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and O W C11 encumbrances; and he will grant such further assurances of title as may be requisite. WITNESS the following signature and seal: DONALD N. ROYAL STATE OF VIRGINIA COUNTY OF FRFDERICY, To -wit: I, Cathy M. Jewell, a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Donald N. Royal, whose name is signed to the foregoing Deed, dated this 4`s day of May, 2005 has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 4`s of May, 2005. My commission expires 12/31/08. 71ta i strucneru was prepared by: Uwln B. Yost 1Cuytan&ll, 1o1>aton, McYee A Butler, P.LC. 112 Sowh Gmnon Street Winchester, Wgirm 22601 Notary Pdblic c � cs+ol 662 aa:<6 V1RIUINIA: FREDERICK COUNTY. SCT. This instrument of writing was produced to me on Q, Zoo .S at and with 6nificate of acknowledgement thereto annexc3 was admitted to record. T imposed by Sec- 58.1-802 of $ 1 OS -" Sa ,and 58.1-801 have bcen paid, if assessable Ar \buekolote l fi&17. fee.wpd 74eim A-� 2Qerk J: kj F efj / e JY r \ �`y' ( I �Ty 8l, .. �� 4. @2p1 �e Drainfields smut be kept 100 feet fr( _.A11 kells or a sanitary well instant �43}51 No ca ti lbeafinIng llowed. 8rin drainfield are=144 / r , 3 >p SURVEYORS 'C I EYOR ERTIF CATS I hereby certify that the Plan rp r,l shown hateon is correct; that it -?q is a Subdivision of part of the Land conveyed by Arthur J. Webster, at ux to Arthur J. Webster, at ux rj)� R' r'r by Dead dated April 20, 1962 and �\ � � �" �. � recorded in the Land Records of i \ V Frederick County Virginia in Deed / Book 278 at Page 196. s :'s V (/)� j �✓ The area of Section-2 is 4.34 acres i♦? , ., L O N E . 0 A X SECTION TWQ MEQUON DISTRICT VIRGINIA Scale 1"- 100' Seotmber 1965 Frederick County Health Department an tar a 'Di ectar . V - btrtia Dept. of Hishwrs AIL// P Frederick County-BoaW Of Supervisors Chaizuan QMWTIN R. SNM-1T _'. CERTIFICATE No, o September 3�r 1965 �r,� S I I C 41 ERTI / r entin R. Shortt 'NTIN R. SHORTT IED LAND SURVEYOR BOYCE, VIRMNIA • U COUNTY of FREDERICK . J Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING August 2, 2005 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #21-05 OF WILLIAM G. BUSKO On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, August 16, 2005, at 3:25 p.m., in the Board Room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This is a public hearing to consider the following application: Variance Request 421-05 of William G. Busko, submitted by Artz & Associates, for a 15' east side -yard variance, 20' west side -yard variance and 25' rear variance for a single family dwelling. This property is located off of Double Church Road (Route 641) on West Street (Route 849) in Lone Oak Subdivision, and is identified with Property Identification Number 86B-2-A-17 in the Opequon Magisterial District. Any interested parties may attend this hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, Marls R. Cheran Zoning and Subdivision Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 r This is to ce 'fy that the attached correspondence was mailed to the following on ✓ from the Department of Planning and Development, Frederick County, Virgfiiia. 86B - 2- A- 17- BUSKO, WILLIAM G 187 BRIARWOOD LN WINCHESTER,VA 86B 2- B- 18- - LARKIN, DOUGLAS J 134 WEST ST STEPHENS CITY, VA 86B - 1- A- 15- CONE, FERN C. 127 WEST ST STEPHENS CITY, VA. 22602 22655.3303 22655.3304 86 - A- - 45-F RICHARDS, RONALD E JR & KELLY A 1205 DOUBLE CIP;RCH RD STEPHENS CITY; VA 22655.3308 86B -2-A- 18- BLACK, KATHERINE S TRUSTEE 135 WEST ST STEPHENS CITY, VA. 22655.3304 STATE OF VIRGINIA COUNTY OF FREDEWK j Mark R. Cheran Zoning & Subdivision Administrator Frederick County Planning Dept. a Notary Public in and for the State and County aforesaid, do h by certify that Mark . Cheran, Zoning & Subdivision Administrator, for the De e t of lanning and Development, whose name is signed to the foregoing, dated has personally appeared before me and acknowledged the same in my Sta4 and County aforesaid. Given under my hand thisc�-` 4d day of ®8 M commission expires onJbo 7 Y P NOTARY PTOLIC y� R�JC �� S! • COOM:Bev BARBARA-DATA PROCESSING Planning Dept. _ �.� ��_ "l ✓ Please print sets of labels by THANKS!! These people will be notified by mail of this application: NAME Ronald E., Jr., and Kelly A. Richards (property North) Address 1285 Double Church Road, Stephens City, VA 22655 Property ID# 86-A-45F NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# Douglas J. Larkin (property South/across West Street) 134 West Stre5&tephens City, VA 22655 86B-2-B-18 Fern C. Cone (property West) 127 West Street„Stephens City, VA 22655 86B-1-A-15 Katherine S. Black, Trustee (property East) 135 West Street, ,Stephens City, VA 22655 yft Rofd TO: BARBARA- DATA PROCESSING FROM:Bev - Planning Dept. Please print sets of labels by THANKS!! These people will be notified by mail of this application: NAME Ronald E., Jr., and Kelly A. Richards (property North) Address 1285 Double Church Road, Stephens City, VA 22655 Property ID# 86-A-45F NAME Douglas J. Larkin (property South/across West Street) Address 134 West Street, Stephens City, VA 22655 Property ID# 8613-2-13-18 NAME Fern C. Cone (property West) Address 127 West Street, Stephens City, VA 22655 Property ID# 8613-1-A-15 NAME Katherine S. Black, Trustee (property East) Address Property ID# 135 West Street, Stephens 8613-2-A-18 City, VA 22655 NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# w I S E REQUESTING AGENT: DEPT. OF GtOGRAPFIIC INFOROATIO FREDERICK COUNTY, VIRGIN] GYS, MAPPING, GRAPHICS WORK PEQUIEST DATE RECEIVED: `% X, a REQUESTED COMPLETION DATE: S Department, Agency, or Company: - Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROJECT: FAX: CJ DESCRIPTION OF REQUEST: (Write additional informtionstn lack of reges'�) .__.._..___...--- �� PAPER: FAX: E-MAIL:__._._ ....--------- __... DIGITAL: � --- 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 G1S, 107 North Kent Stre(A, Winchester, VA 22601, (54D)665-5651) 0 Artz & Associates, P.L.C. 16 East Piccadilly Street Winchester, VA 22601 540-667-3233 540-667-9188 (Fax) Toll free 800-755-7320 mikeartz@shentel.net TRANSMITTAL Project Name: Application for Variance Date: 7/22/2005 To: Frederick County Planning Department Attention: Mark Cheran From: Elaine Deursch JUL 2 2 2005 10 XO For Your Review = As You Requested XX Please Comment = urgent Message: Attached are an application and application fee for variance for Lot 17, Section 2, Block A in Lone Oak Subdivision. The .5993 acre lot is owned by William G. Busko. I believe I have provided the support documents you require however, should you need any additional information please contact me. q . I Document Approval Form Lj J U L 2 2 2005 FREDERICK COUNTY PLANNING & DEVELOPMENT PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE MTIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED. INITIALS Candice Bernie Mark Susan Eric Mike Kevin John COMMENTS: Received by Clerical Staff (Date & Time): DATE & TIME