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HomeMy WebLinkAbout22-05 William G Busko 20' Side, 10' Side & 25' Rear (Lot 16) - Opequon - Backfiler 4 BOARD OF ZONING APPEALS Variance Request Tracking Sheet Date: o File opened 7 d " Reference Manual updated/number assigned D-base updated (o (�OLCj X'- 61te-B&-tocation map requested from GIS Two sets of labels requested from Data Processing �7 7Ot'�ile given to Renee' to update Application Action Summary MEETING DATE: FINAL ACTION: CLOSE OUT FILE: S- Approval (or denial) letter mailed to applicant/copy made for file } File stamped "approved", "denied" or "withdrawn Reference Manual updated D-base updated Q� File given to Renee' for final update to Application Action Summary I s `I U:\Bev\Common\Tracking sheets\BZA Tracking.bza Revised 05Y251D1 DATE I I O� lam. -No. 127372 RECEIVED FROM lD C� �+�La`' ��L' ""5T� ksl 00 " C ®) DOLLARS Q FOR RENT Q FOR ACCOUNT PAYMENT / D BAL. DUE CASH CHECK ONEY ORDER i ) t j'CJA'l W1"kn FROM 0ITO BY l 8.e.. 11 A: DATE -� U5 CCy Zss��l� -No.,l 127366 41 RECEIVED FROM �6 t. -P.\<c�,i`, �i ' �S�r V0. $yQO.& Ck 6 !y _._ DOLLARS FOR RENT \) � �( _`a_A_��� FOR —_�_— �J 1 ` - -- —� ,U to WS C� ACCOUNT OCAS PAYMENT CHECK BAL. DUE OMONEY BY _ a. ORDER 1182 DATE �� �f � 2` < Qssa 4- No. 127366 `1 r ,,ff . .j /n RECEIVED FROM ` `d c' T cC (;ill lh6 j �I Ski sy©�✓-� ` DOLLARS JFOR FOR RENT \/ (� ,A 6U Vc -a) ' I �1) ACCOUNT 0CASH� tlL TO PAYMENT CHECK Q BAL. DUE OORDER BY MONEY ��� 11R2 COUN= arpiia _ �j CK Department of Planning and Development 5401665-5651 FAX: 5401665-6395 August 24, 2005 Mr. Michael Artz Artz & Associates, PLC 16 E. Piccadilly St. Winchester, VA 22601 RE: TWO VARIANCE REQUESTS, #21-05 AND 422-05, 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 MRC/bad 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 N TO: FROM: FILE COPY • COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 5401665-6395 MEMORANDUM Finance Department 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 q',01,05 Artz & Associates 16 E Piccadilly St. Winchester, VA 22601 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 / and 21304) �` vo WACHOVIA BANK sign deposit for job 21303 7854 50.00 50.00 100-00 0 ySgxajNj/XjgVNad SaCLngONI ana HDqN�g gHs II2iHs 'x S00Z/L HZNOW ONINNV'Id ao IdgQ �q Pd S-HD # 00'009Z xaauO OS'6 gs2O $ ana aau2T2g� 00' $ p z ed -4unouuft 00'OOT $ �saza�uI 00$ �-jZ2uad 00' $ pz2d 5uzag Iedzauzzd 00'OO1 $ aau2Z2g ONINNVqd SLISOdgQ NOIS 00'OOT snozAazd S,LSgHDNIM #-Ioov S601 # idaa 8ZZTT # -su2zy r0/Or0 :za-jszba2i SOOZ/8Z/L a,12Q T00080SO000:# -3axaTZ SZZO-t09ZZ VA H �— szz xOg 'O*d xr '33OaNdO WVI'IrIIM saN- 7,lNnOO ?iOI2�g •;agaq pue aS g K 1, to (fin; `anu ale m uoajaq sa y d I g D S'd Nouva Lsllgx ........ ► ....... . •ecpaui le: yal¢M `sauna 31e2d 2uunp uid 00:5 03 s.lnog aar Sf1•dA- AOIR s;ua ed auiluo sn-zA-xaua 9—sal LO Si iainsBaij ssa. • VARIANCE APPLICATION #22-05 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 APPROV D 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-16 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) Land Use: Vacant ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) South: RA (Rural Areas) East: RA (Rural Areas) West: RA (Rural Areas) Use: Vacant Use: Residential Use: Vacant Use: Residential VARIANCE REQUESTED: 30' east side -yard variance, 40' 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. Variance Request #22-05, William G. Busko August 8, 2005 Page 2 STAFF COMMENTS: This 0.5043 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 20' right side -yard variance, 40' left side -yard variance and 25' rear variance. Should this variance be granted, the building setbacks for this property would be: 30' right side; 10' 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. RICHARDS 86 A 45C Forest Lakes Limited m C. N > N y n A D C'1 7. 86 A 227 RICHARDS a r 0 c, 86 A 45F �c d d Gilr y JS P q �sG cO �s °y0 � ds'iccOO q's k P Y m f o+ C N q S °°0 Q�Py co yO hp y FIFE d vA no v! 9� N yQPy 86 A 45D NEFF 86B 3A 25 d��6�� q� A 4jcl)j g6O ? d Bad LE, 9/'Oy� �sG'ji4, ''rq 866 O*8'Y •�`o 4,9 ?f n �PslO edBO9 yp�' P? ^P BLASUTTO 86 A 45H 'mB 9B q oyF /� Bs / Y6: d �q 'BO4y v OP d l4, 99 y C B O9C d� aO � �'r T+ 7Pm sB q/j 'a vs ps O'y .q 14, L at) �4�P1j4 e6A GA �s O l6G Gy�R 'G �sGvO�lF A .G,o BB yE Bs 6 q msB c!F gfsFi � ssGcpGeG v O4, 3oy y eeGGm O Bd,li2 1GF BsB 9 v e' Fs s v 104, v� OGF 91? 04, WELCH Os a BsA /!! tea• 6 c9 iOG,y �9" 86 A 44 BROWN 868 14 asl�, �/9� d �•q�B; �� �yo .� 3 d 9 A q rq Gd HUFFMAN 66B 1 B 5A rOy v Oy .yw es yFj�j d S �O B6B A0. 6 (4r 9 Oy yq ,F g6 36' d, v NEFF OaO 86 A 229 v O GORE 069 y �6 fp;tt q3'9 86 A 239 At) Oy WHITE 86 A 228 ss y 90 G9g0l FCO7> vi `86 4 4t Map Features Zoning B ApPIicaOon ^/ Bridges /V Culverts B1 (Business, Neighborhood District) MS (Medical Support District) LakeslPoods /v Dams O B2 (Business, General District) R4 (Residential, Planned Community District) .�.— streams /% / R.t ,,,, q walls B3 (Business, Industrial Transition District) R5 (Residential Recreational Community District) Bwldings Road Centerlines EM(Extractive Manufacturing District) Q RA (Rural Areas District) - Tanks A► HE (Higher Education District) Q RP (Residential Performance District) OParcels w M1 (industrial, Light District) N T,alls Q M2 (Industrial, General District) OSWSA UDA MH1 (Mobile Home Community District) w// E S Variance # 22 - 05 William Busko (8613-2-A-16) 0 125 250 500 Feet M APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA OFFICE USE ONLY Variance Applicatio No... -�5-' Submittal Deadline Submittal Date ZL o For the meeting of lei Fee Paid: Y.6 -1 yes Initials C� Sign Deposit 50 yes Sign Return Date: a 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 Citv The property has a road frontage of 70 feet and a depth of 222.42 feet and consists of .5043 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-16 The existing zoning of the property is RA The existing use of the property is Vacant Adjoining Property: USE ZONING North Residential RA East Vacant RA South Vacant 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.") 20' east side yard, 10' west side yard and 25' rear line variance for single-family dwelling 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 existing lot predates the current zoning 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.) M � 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# 8613-2-A-18 NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# N a 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. 0 LONE OAK -SECTION 1 - SEPT. 1963 O2 LONE OAK -SECTION TWO - SEPT. 1965 (0 LONE OAK -SECTION 3 00 LONE OAK -SECTION FOUR O WOODSIDE-SECTION 1 - D.B. 331, PG. 315 �' Toy Moe BCC M ti AGREEMENT VARIANCE #2Q (Number assigned by the lanning 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. SIGNATURE OF A PLICANT DATE -7 SIGNATURE OF OW�ER DATE , 7,Z- — a (if other than applicant) BZA PUBLIC HEARING OF APPROVAL DENIAL - OFFICE USE ONLY - A ATE - SIGNED ` B 7 DATE on 3 CHAIRMAN so 4 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 (Phone) 722-6674 (Address) 187 BRIARWOOD LANE, WINCHESTER, 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 16 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. In witness thereof, I (we) have hereto 2005- / nA wit (our) hand and seal thise,?TJ day of 2� Z — cy� State of Virginia, City/County ofTo-wit: I, Q,nina P, hteuu-6M , 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 afor id this ZZLYday of _, 200 . My Commission Expires: �?66:2 Notary Public 7563-6845 EBY/cmj I I N 1 a1 w 00 N No W ko N �tf N a I' S 0 c%D3w •.+ M I�n�aW �NMW �n I U oInIz r 1 tD 00 H yr co A 3 0 zzA H �a� waw A H 04 UE-'0 c 05�4�9��z THIS DEED, made and dated this 4" day of May, 2005 by and between DONALD N. ROYAL, 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 17, Block A, Section Two, Long 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 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 FREDERIC& 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`" 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. IU owry m r pupuad br. Ud iW B. You Kuyl.od.IL foywoq McKee 4 Bulin, P.LC 112 Soah Camno. 5ln /y% c:I .l Notary Pblic SvmcLet.., vkp- 22601 ,. O 4 - (540) 662 3W f' 4 VIRUINIA: FREDERICK COUN i Y. — 'Ibis instrument of writing was produced to me on a ZOOS at I�-�SIa�-+ and with ertificate o£ acknowledgement thereto annexed was admitted to record. T i,nposed by Sec 58.1-802 o, $ 1O S �'--Sa - , and 58.1-8/01 have been paid, if assessable ei\bu.koloc. 16627. r.e.rpd 44 /V ,Clerk O N E O A K 'g SECT1014 TWO 4? I •' I"1"A7 CIPEQUON DISTRICT /e P �•' FMERIC[ COUNTY I,ei 9 k1 VIRO NIA I y' IA y \ o q en Seale I". 100' .. Seotember 1965 16 APPROVEDk Drare-elliafielde moot be kept 100 feet from ,Fis or a Sanitaryxell Stail C \ F_ T \ \\V I :rr• i �_n�22. �'i" A;* q4 - No cutting or fillinin nndrainfield Frederick County Health Departs nt area x171 be allowod. I 177�/ \°,\\ �k � I �' c I �.\ /�+A°� �I as tar a Direcc� Virglnif Dept. of HSghue�; o la'>\1 �3 �� �•°� NB o° ,V/ SUFVfYQRS CERTIFICATE Frederick County -Board upetvisoro I hereby certify that the Plan Of w heLeon is correct; that it sho PIVgqIII�P 1 ,t�/ \ Ih '_\ � �q `,1• 1• • :ubd lvL Lon of part of the and conveyed by Arthur J. Webster, a f' �I r ? JF .� t• �,. et ux to Arthur J. Webetar) et ux )d1'y /�•�f�' �$\ �/`• �`a A h• by Deed dated April 20, 1962 and - (_. ✓ '�\ /' to orded in the Land Record, ofQ Frederick County Virginia in DeedprBook 278 at Page 196.9-57.32 ?rThe area of Section-2 is 4.34 acre,IIo eSeptember 3Q. 1965 QUENTIN R. SHORTT F_. EP,TIFIED LAND SURVEYOR a / entin R. Short[ .__. .. BOv�E, VIfiGINIA 0 • NOTES: 1. BOUNDARY SHOWN HEREON WAS DETERMINED BY A FIELD RUN SURVEY PERFORMED BY ARTZ & ASSOCIATES ON JULY 15, 2005. 2. THIS PLAT IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 3. ALL PROPERTIES ARE ZONED RA. USES ARE RESIDENTIAL. LINE BEARING DISTANCE L1 S 59'55'12- W 11.80' L2 N 58'28'33- E 17.35' CURVE I RADIUS IARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE Cl 1 352.84' 1 70.00' 69.89' 1 S 65"36'12- W 11'22'01- TM #86-A-45F RONALD E., A & KELLY A. IRON PIPE RICHARDS FOUND #020019946 0 �$1 N REBAR FOUND 12" WHITE \ OAK o. 5 \ JS TM #86-1-A-15 FERN C. CONE 382/80 LOT 15 PROPOSED HOUSE LOCATION ON LOT 16 30 o J, TM #86-2-A-17 WILLIAM G. BUSKO p #050009432 LOT 17 s\ N a\ "\ PROPOSED A\ DRAINFIELD \ \ LOT 16 0.5043 A C, R`E 5 IRON PIPE FOUND IRON PIPE REBAR FOUND V1v, FOUND LONE OAK, BLOCK A, SECTION TWO OPEUON DISTRICT, FREDERICK COUNTY, VIRGINIA SCAL : N = 40' DATE: JULY 22, 2005 PRESENT OWNER: WILLIAM G. BUSKO TM #86B-2-A-16 INST. #050009432 PROJECT #21303 �PLT H OFV MICHAEL M. ARTZ v No. 1951 Z�p 5 ��HO SURNE�O IJ DEFT. OF GEOGRAPHIC INFO TION, FREDERICK COUNTY, VIRGINIA w S C WE REQUESTING AGENT: Department, Agency, or Company:_ Mailing and/or Billing Address: Telephone: E-mail Address: GIS, MAPPViG, GRAPHICS WORKREQUEST DATE RECEIVED: COMPLETION DATE: FAX: ESZ21ATED COST OF PROTECT: DESCRIPTION OF REQUEST: (Write additional information on back..Qf request) ............. 41 DIGITAL: PAPER: FAX: E-MAIL: SIZES: COLOR: BLACKJ7gHTE: NUIVSER OF COPIES: STAFF MEMBER COMPLETION DATE: MATERIALS - DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: HOURS REQU�ZED: AMOUNT PAID: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) Project Name: Date: 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 lication for Variance 7/22/2005 To: Frederick County Planning Department Attention: Mark Cheran From: Elaine Deursch E I L JUL 2 2 2005 FREC;ERICK COUNTY PLAi�ti ' pEVELOPME'!T X7X For Your Review 0 As You Requested XD Please Comment 0 Urgent Message: Attached are an application and application fee for variance for Lot 16, Section 2, Block A in Lone Oak Subdivision. The .5043 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. N ti 7563-6845 EBY/cmj n I I N 1 a� ao N 0 w� N LZ N a A� a • r+ w n�i aw ..Nxx Ln I U argr-z ri 1D co H V - 00 r-I `r+ cn cn U- zzA H •2 A � o a w o4 UC-U 05 OOQ9432 THIS DEED, made and dated this 4" day of May, 2005 by and between DONALD N. RQYAL hereinafter called the Grantor, and WILLIAM G. DUSK9, 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 1 , Block A, Section Two, 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 1 O W CJ1 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 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" 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`h of May, 2005. My commission expires 12/31/08. 1J& insttumDnt was prcpuW by. PAwln B. You KuybodalL Johnston, MdCat A Buulet, P.LC. 112 South Cuartoe Sttael Wmcheue,, Wgim" 2WI /*),5;a::-.- Notary P6blic�„� (s+o) 662 34s6 V1RUINIA: FREDERICK COUNTY. SCT. This instrument of writing was produced to me on Q 200 S at and with .rtifieate of acknowledgement thereto annexcd was admitted to record. T imposed by Sec- 58.1-802 of 5a $ � — , and 58.1-801 have been paid, if assessable As\bueko1otz16i17.faa.wpd4444-v2C1Wk O N E 0 A K SECTIOF TNO CFEQUON DISTRICT 1�EDERICY COUNTY F VIR� i on \� Scale 1". 100' �Fe.,`l I b ' / Seotsmber 1965 C� a' 132 \ 5k 662 Drain£ields must be kept 100 feet froal a1 ll snit well install et \. ,p ap c CA ` ut s or a sanitary re ana Frederick Coon 5 0„ \v %p 322•� ',--<4 1 No cutting or filling drainfield ty Health Dapar�aetnt \ 15 ��= R-2�,., area till be allowed. l r ram, 2 p•0° as tar a IIizectae - e Vir4inka Dept. of Hig+wvsg £ °U ���. �0 ph / SUB.VEYORS CERTIFICATE Frederick Cou=-f -Board f(. ZOO \ !e 't? d of Supervisors u s < I hereby certify that the Plan �` 3 . ! shown hazeon is correct; that it is a subdivision of part of the D" 3 band conveyed by Arthur J. Webster,Chairman ` et ux to Arthur J. :lobster, et ux k' h� by Deed dated April 20, 1992 and r recorded in the Land Records of $1•LTH p� S Frederick County Virginia in Deed Z A Book 278 at Page 196, The area of Section-2 is 4.34 acres O QLOTIN R. SN08IT ` {: CERIWICATE No. me September 3�r 1965 �T,F. 51 i �l1ENTIN R. SHORTf V� ERTIFIED LAND SURVEYOR entin R. Shortt ---.- .---____._...- - --. ------- --- BOYCE, VMQN1A N& • • - U LLD 0 ti NOTES: 1. BOUNDARY SHOWN HEREON WAS DETERMINED BY A FIELD RUN SURVEY PERFORMED BY ARTZ & ASSOCIATES ON JULY 15, 2005. 2. THIS PLAT IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 3. ALL PROPERTIES ARE ZONED RA. USES ARE RESIDENTIAL. LINE BEARING DISTANCE L1 S 59'55'12" W 11.80, L2 N 58'28'33" E 17.35' CURVE RADIUS I ARC LENGTH I CHORD LENGTH I CHORD BEARING I DELTA ANGLE C1 1 352.84' 1 70.00' 1 69.89' 1 S 65'36'12" W 1 11'22'01" TM #86-A-45F RONALD E., A & KELLY A. IRON PIPE RICHARDS FOUND #020019946 10� � 1 REBAP FOUN 12" WHITE \.). OAK rs .0 TM #86-1 FERN C. WINC 382/80 LOT 15 PROPOSED HOUSE LOCATION ON LOT 16 j 10 s\ N "\ PROPOSED - P DRAINFIELD \ \ \,1 FOUND LONE OAK, BLOCK A, SECTION TWO OPEQUON DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: = 40' DATE: JULY 22, 2005 PRESENT OWNER: WILLIAM G. BUSKO TM #86B-2-A-16 INST. #050009432 LOT 16 0.5043 araFq TM #86-2-A-17 WILLIAM G. BUSKO #050009432 LOT 17 -IRON PIPE 0� c FOUND IRON PIPE FOUND Vvv, MICHAEL M. ARTZ v No. 195/1 -7 �Af!HO SUR`1��0 Artz and Appociatet�, PLd A �ubpidiary of Valley Engineering, PLC' LAND SURVEYING LAND PLANNING DEVELOPMENT 16 East Piccadilly Street WINCHESTER, VA. 22601-4740 TEL 540-667-3233 FAX 540-667-9188 TOLL FREE 1-800-755-7320 PROJECT #21303 0 • COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING August 2, 2005 TO: • TIIE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST 922-05 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 422-05 of William G. Busko, submitted by Artz & Associates, for a 20 foot east side -yard variance, 10 foot west side -yard variance and 25 foot 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-16 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, d arlc R. Cheran Zoning and Subdivision Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certift that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: 866 - 2- A- 16--- BUSKO, WILLIAM G 187 BRIARWOOD LN WINCHESTER, VA 22602' ^, ^ 86 - A- - 45•F RICHARDS, RONALD E JR & KELLY A 1285 DOUBLE CHURCH RD STEPHENS CITY, VA 22655.3308 i I � 86B - 2- B- 18- LARKIN, DOUGLAS J I I 134 WEST ST i STEPHENS CITY, VA 22655-3303 86B -1- A- 15- CONE, FERN C. 127 WEST ST STEPHENS CITY, VA. 22655.3304 86B - 2- A- 18- BLACK, KATHERINE S TRUSTEE I 135 WEST ST STEPHENS CITY, VA. 22655.3304 ark R. Cheran Zoning & Subdivision Administrator Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I, L a Notary Public in and for the State and County aforesaid, do hereby certify that Mark IV Cheran, Zoning & Subdivision Administrator, for the Depmlmeq of Planning and Development, whose name is signed to the foregoing, dated ,- �- �' , has personally appeared before me and acknowledged the same in my Statl and County aforesaid. Given under my hand this z My commission expires on W/1-La- P 3�t S6,6 -"), - 4 -16 These people will be notified by mail of this application TO:BARBARA-DATA PROCESSING FROM:Bev - Planning Dept. Please p int sets of labels by i , THANKS!! 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# 86B-2-B-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# @Ms ®AIMAM S Aa3AV-0E)-008-I, W0 fU9Ae-Auvm 86B - 2- A- 16- sSKO, WILLIAM G 187 BRIARWOOD LN WINCHESTER,VA 22602 86 - A- - 45-F RICHARDS, RONALD E JR & KELLY A 1285 DOUBLE CHURCH RD STEPHENS CITY, VA 22655.3308 86B - 2- B- 18- LARKIN, DOUGLAS J 134 WEST ST STEPHENS CITY, VA 22655-3303 86B - 1- A- 15- CONE, FERN C. 127 WEST ST STEPHENS CITY, VA. 22655-3304 86B - 2- A- 18- — BLACK, KATHERINE S TRUSTEE 135 WEST ST STEPHENS CITY, VA. 22655-3304 ij ®L9Ls I!aege6 al zesll!in epldea 96egaas a ja 96eaanoq!jue uo!ssaidwl 0 These people will be notified by mail of this application: TO:BARBARA-DATA PROCESSING FROM�Bev - Planning Dept. of labels by Please p Int— THANKSII l � -- 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# 86B-2-B-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# 8613-2-A-18 NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# NAME Address Property ID# I Document Approval Form J U L 2 2 2005 FF;FDE,R!CK COUNTY NE !T PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL 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 DATE & TIME Candice Bernie Mark Susan Eric Mike Kevin John COMMENTS: Received by Clerical Staff (Date & Time): 2 0 S j