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HomeMy WebLinkAbout23-05 Rodney Butler (Jay Mergler) 20' Front & 10' Rear - Back Creek - BackfileBOARD OF ZONING APPEALS Variance Request Tracking Sheet Date: 3 VS- File opened �-13 Reference Manual updated/number assigned 0 D-base updated OS- Gf e- &W4ocation map requested from GIS _$Iyj�� LDS � -Z� Two sets of labels requested from Data Processing $,3.0500--F'ile given to Renee' to update Application Action Summary MEETING DATE: � S FINAL ACTION: CLOSE OUT FILE: Approval (or denial) letter mailed to applicant/copy made for file "40S- File stamped "approved", "denied" or "withdrawn" / - ©� Reference Manual updated /17/0&— D-base updated //• - File given to Renee' for final update to Application Action Summary ?5� U.\Bev\Common\Tracking sheets\BZA Tracking.bza Revised 05/25/01 0FOR RENT 127386 -DOLLARS Q= � FOR - r V , " _71- � c) O �t��� o � ACCOUNT CASFIFFpM� TO Z j � PAYMENT C�EC J� LIS O O� BAL. DUE OORDER BY C0"jYIW jVWER1CK Department of November 17, 2005 Mr. Jay Mergler 9991 Broadsword Dr. Bristow, VA 20136-1610 RE: VARIANCE REQUEST #23-05 Dear Mr. Mergler: 540/665-5651 FAX: 540/665-6395 This letter is to confirm that the above -referenced application, originally submitted by Rodney Butler, was approved by the Board of Zoning Appeals at their meeting on November 15, 2005. On parcel bearing Property Identification Number 91-A-03-164-15, the Board approved a 10' variance in the front and a 15W' variance in the rear. The property is located on High Street (Route 635), 0.1 mile on the right, in the Back Creek Magisterial District. If you have any questions regarding this action, please feel free to call this office. Sincerely, Var� R. Che Zoning and Subdivision Administrator MRC/bad cc: Jane Anderson, Real Estate John Trenary, Inspections 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 VARIANCE #23-05 RODNEY BUTLER WAS THE APPLICANT OF THIS VARIANCE REQUEST. HE VERBALLY WITHDREW HIS REQUEST, BUT HE DID NOT SEND STAFF A LETTER REQUESTING WITHDRAWAL. ON NOVEMBER 10, 20059 JAY MERGLER, WHO IS THE- OWNER OF THE PROPERTY, NOTIFIED STAFF THAT HE WISHED TO PROCEED WITH THIS VARIANCE. SINCE THE AGENDA WAS MAILED ON NOVEMBER 9, 20059 WE ARE ENCLOSING THE STAFF REPORT FOR YOUR CONSIDERATION. IF YOU HAVE ANY QUESTIONS, PLEASE CALL MARK CHERAN AT 665-5651. 0 VARIANCE APPLICATION #23-05 Jay Mergler Staff Report for the Board of Zoning Appeals Prepared: November 10, 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: September 20, 2005 - Action Tabled November 15, 2005 - Action Pending LOCATION: High Street (Route 635), 0.1 mile on the right MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER(S): 91 A03-164-15 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: Vacant Use: Residential Use: Vacant VARIANCE REQUESTED: 20 foot front yard variance and 10 foot rear yard variance for the construction of a single family home REASON FOR VARIANCE: The lot is exceptionally shallow. Variance Request #23-05, Jay Mergler November 10, 2005 Page 2 STAFF COMMENTS: This 1.72 acre property was part of the New Middletown Subdivision created in 1890. In1967 Frederick County adopted zoning. The historical zoning map shows this property was zoned A-2 (Agricultural General) and building restriction lines at the adoption of the zoning ordinance were 35'front and 15' on the sides. In 1987 this property was subject to a lot consolidation of 23 lots with building restriction lines of 35'front and 15' on the sides. Frederick County amended its Code in 1989 to change the rural zoning districts to the current RA (Rural Areas) zoning district, making the building restriction lines for the property 60'front for all four sides. STAFF CONCLUSIONS FOR THE NOVEMBER 15, 2005 MEETING: At the request of the Board of Zoning Appeals (BZA) at its September 20, 2005 hearing, action was tabled for sixty (60) days on this variance, so that the applicant would be in attendance. Since the September 2005 hearing, the applicant has withdrawn his request, and the owner, Jay Mergler, on November 10, 2005 notified staff that he would like to proceed with the variance. 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 owner is seeking a variance of 20' front yard variance and 10' rear yard variance. Should this variance be granted, the building setbacks for this property would be: 40' in the front, 50' in the rear, and would remain 60' on the sides. 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. M APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA -OFFICE t.'SE ONLY- Varliance Applicatioi.i No, SubTnittal Deadliize. Submittal Date � For the ineetin- of Fee Paid: yes initials-, i f Sign Deposit yes MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner Z other 2. APPLICANT: NAME: 1? eJ n:y &t+Le r ADDRESS 1244 Me-iedoni o dily VA TELEPHONE: gGq —(eZ 14p . (Check one) OCCUPANT: (if different) NAME: ADDRESS: TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): . /I SOu4-A -/?) M f 15 - m� 0 n r' 4. The property has a road frontage of feet and a depth of 125 feet and consists of /. 7Z acres (please be exact). Page 5 of 9 • L7 i. L AUK 2 2" 5. The property is owned by & ,� Met te'r as evidenced by deed from) lxe4l) HJJyyJ rec rded (previous owner) in deed book no. on age '3 0 of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: fe,1Z L re e-11, 7. Property Identification No.: 91 A 0.3 - I � q , - g r 8. The existing zoning of the property is:`- 9. The existing use of the property is:��-�-�`i 10. Adjoining Property: North East South West 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.") , )ef- b502- Gd b C1 / &41 n 5f/ 1 Varoo 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 situation or condition of property, or the use or development of property immediately adjacent thereto Page 6 of 9 • M 13. Additional comments, if any: 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 "I� _ l J&I 5 fU� `Ll/�''1 Address '�'% 33 O)e,-,'A 54- U � � tje 4o o &l V Property ID # q/ A /6 q �e,[en �I �-1 (�i'� Grp rjo rlwt Orn d d r' Address l&5— ga-Wl e P) fOiddle v V Property ID # q A 144 " `y lProperty Address ID bi-eyci d-,; tjord Dr: _'3. i Address 3 6 6bJ Property ID # fIAo�-Is(�� rhek l/ Address' t'11� ' I r �IU Property ID # q f A+ o 6'- i racil, Address / D I f�• I � �t .�theCti F1 V Property ID # M Address Property ID # '(1l 4.63 j •— Address [Property ID # Page 7 of 9 • M 15. Provide a sketch ofthe property (you may use this page or attach engineer's drawing). 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. Se Page 8 of 9 / �+ c��j J / ,a h `�" <tg N IV/ V li Q� N� Ci P a 6 �Vd L s e 1 0 o r V gyp. C1l fee c�ee 9 See 91—(A)-109, 110, 111, & 112 BLOCK 64 5D' W 2 1 3 1 4 1 5 1 6 7 1 8 19 I 10 1 II 12 13 14 15 16 1 17 J8 1 19 1 20 1 21 22 23 24 IY W 16.5 ALLEY 25 26I 27 28 29I 30I 31 32 33I 34I 35 36 37 36 39 40 41 142 431 45 46 47 148 LLI GP4v �4 Z p--- V - - - - - - - - I BRL PROP. I< 60 s ui DWL BRL _ m I Q � � � I � I I I I I I I � I I �► 1 1 lbIII I LIMITS OF 30' PRESCRIPTIVE R.O.W. ROUTE 635 NIGH STREET a a ti M SKETCH OF PROPOSED VARIANCE TO FRONT SETBACK ON LOTS 25 THROUGH 48, BLOCK 64, NEW MIDDLETOWN RECORDED IN D. B. 107, PG. 300. OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINlk' c L. C. HIMELRIC i i-1 PREPARED BY No. 131 HIMELRIGHT & ASSOCIATES, PL PROFESSIONAL LAND SURVEYORS / 694 RED BUD ROAD, STRASBURG, VA. PHONE 465-8767 JULY, 18 2005 AGREEMENT VARIANCE #� (Number to be assigned by the Planning Dept.) 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 7 Z11 a,2;- _ SIGNATURE OF OWNER DATE (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF % ,/.� ACTION: ATE - APPROVAL SIGNEb 13ZAtCHAIRMAN DENIAL DATE: I I / /� A)"s- Page 9 of 9 0 0 S Special Limited Power of Attorney Y County of Frederick, Virginia Planning Offlce, 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) (blame) 1 ?�� hale rt,� e (Phone) I D3 9 2q 259 (Address)-9qc' I �l�we,�d �r VJr io,,j VA 2.0131 the owncr(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. 0. C7 �ah Page and is described as Parcel: Lot: I Block: Section: Subdivision: do hereby make, constitute and appoint: (Name) i Ci r j t ti ���� �► (Phone) (Address) 1149 i 1�� �.C. c:� ►1: �. 1.� �ct 1�� S L, y V�4 ZZ.6 S 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 (Prelf rfnary 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 set my (our) hand and seal this CYC I day of �200 Signatures) �_, State of Virginia, City/County of 1,/��� ,��, �� To -wit: I"1L� C- (4- r a Notary Public in and for the jurisdiction aforesaid, c who signed to the fore g 'that the pmon(s) g instrument and who is (are) known to me, p onally ap�red before me and has acknowledged the same before me in the jurisdiction aforesaid thi t Y o �206� Notary Public My Commission Expires: CHRISTINA I. GRADY Notary Public Commonwealth of Virginia Q)My commission Exps. July 31, 2007 65/25/2005 15:40 083523 " MARIE JE", LLEO PAGE 09155 A p50010424 (--?(5-N TAX MAP 1�G, and 91A-03-1-64-15. DEER This Deed is made and entered into this A day of 2005, by and between STEPHEN H. UNDERWOOD and M1 1:iELLE A)DA. Grantors, herein ,called Grantors, and JAY K MERGLER, ,- ,,W Zh/d , Grantee, herein called Grantee, WITNESSETH: That for and in consideration of the sum of TEN DOLLARS ($10.00), cash in hand paid to the Grantors, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby grant, bargain, sell, and convey, with General Warranty and English Covenants of Title, unto the Grantee, in Fee Simple, the following described real estate, to -wit: PARCEL ONE, ALL THAT certain tract or parcel of land with all improvements thereon, together with all appurtenances thereuntu appertaining, tying and being situate in Frederick County, Virginia, containing 1.722 acres, and being known and designated as Lots 25 through 48 inclusive, of Block 64 on the plat of the Middletown Land and Improvement Company, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 107 at Page 300, as described on a plat prepared by Larry C. Himelright, P.C., dated September 11,1978, of record in Deed Book 667 at Page 87. PARCEL TWO: ALL THAT certain tract or parcel of land with all improvements thereon, together with all appurtenances thereunto appertaining, lying and being situate in Frederick County, Virginia, containing 1.259 acres, situate along the West side of Route 627, and n NO 05/25/2005 15:40 #783523 AhN MARIE JE1 PAGE 10/55 -0l S T more particularly described on the plat of survey prepared by Larry C. HimelrigK P.C., dated September 11,1987, of record in Deed Book 667 at Page 87. PARCEL TIME: ALL THAT certain tract or parcel of land with all improvements thereon, together with all appurtenances thereunto appertaining, lying and being situate in Frederick County, Virginia, containing 1.763 acres, and more particularly described on the plat of survey prepared by Larry C. Himelright, P.C., dated September 11,1987, of record in Deed Book 667 at Page 87. The aforesaid property is a portion of the same real estate conveyed to the Grantors herein, by deed dated the 25 h day of July, 2001, from Earl L. Austin and Marie J. Austin, husband and wife, said deed being of record in the aforesaid Clerk's Office as Instrument No. 010009682. Reference is hereby made to the aforesaid plats, deed, and records for a more complete description and further derivation of title. This conveyance is made subject to all restrictions, easements and rights of way of record, if any, affecting the aforesaid real estate. WITNESS the following signatures and seals: d, Stephen vda THIS INSTRUMENT WAS PREPARED BY Donglai G Arthur, Attorney at Law, and the preparer did not perform a title examination in connection with the preparation of this ioatraeoent_ 05/25/2005 15:40 0783523 ANN MARIE JENNE PAGE 11/55 STATE OF r COUNTY OF TO -WIT: The foregoing ' ent was acia this day of 2005, My Commission Expires: 11411ql STATE OF —VA COUNTY OF Ate' _, TO -WIT: The foregoing ' ent Has acknov this 1_ day of 2005, by •�vw My Commission Expires: kill V1R(;Unk- FREDERICK CDUNTY, SCT This instrum m of writing was produced to me on M,a.q 17, aD05 at and th certificate of acknowledgement thereto nexed was admitted to record. T imposed by Sea 58.1-802 of S./.i%a DO and 58.1.901 have been paid. if assessaWc 4ew 444 d—V . Clerk before me i H. Udiar�rood r bhcor me Ls1 W I 2 3 4 W H 25 1 261 27 1 28 0 h BLOCK 64 16.5 ALLEY ~' W 291 30I 3I 32 331 I 34 35 1 36 37 38I 39 40 41 142 1 431 4� 45 1 46 1 47 48 ul o co J BRL PROP. 60' .� I'� � _ BRL OWL ROUTE 635 I LIMITS OF 30' PRESCRIPTIVE R.O.W. HIGH STREET SKETCH OF PROPOSED VARIANCE TO FRONT SETBACK ON LOTS 25 THROUGH 48, BLOCK 64, NEW MIDDLETOWN RECORDED IN D. B. 107, PG, 300. OPEQUON MAGISTERIAL DISTRICT o� Tx op FREDERICK COUNTY, VIRGINI/ v PREPARED BY L C. HIMELRIGHT 5>4 Na 13'4 HIMELRIGHT & ASSOCIATES, PL PROFESSIONAL LAND SURVEYORS ¢ 694 RED BUD ROAD, STRASBURG, VA, PHONE 465-8767 SURD JULY, 18 2005 Sol 'ro s 'Im (Domestic Mail Ono L., �0F�FI 1:31 �ru fU I� Postage $ 1:3 Certified Fee O M Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee Ir (Endorsement Required) m M Total Postage & Fees $ IAL USE 11/8/05 Postmark Here Ln p Sent To o Jay Mergler 5°freOBox No..No.; 9991 Broadword Dr or PO Box c;ry,srate,zIP+a Bristow, VA 20136 PS Form 3800, June 2002 Certified Mail Provides: , • ■ A mailing receipt (esJanaa) Zooz Ouno uuo=l Sd ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First -Class Maile or Priority Maile. ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. ■ For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPSe postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. Internet access to delivery information is not available on mail addressed to APOs and FPOs. COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 November 8, 2005 Jay Mergler 9991 Broadsword Dr. Bristow, VA 20136-2610 RE: Property Identification Number (PIN): 91-A-03-164-15 Zoning District: RA (Rural Areas) Dear Mr. Mergler: This letter is to notify you that variance application 23-05 will be pulled if we do not receive any correspondence from this letter. The Frederick County Planning and Development Department has attempted to contact you over the phone numerous times without any response. Please do not hesitate to contact me regarding any questions that you may have at (540) 665-5651. Sincerely, d 7c� John D. Kirby Zoning Inspector JDK/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 • C� November 8, 2005 Jay Mergler 9991 Broadsword Dr. Bristow, VA 20136-2610 RE: Property Identification Number (PIN): 91-A-03-164-15 Zoning District: RA (Rural Areas) Dear Mr. Mergler: This letter is to notify you that variance application 23-05 will be pulled if we do not receive any correspondence from this letter. The Frederick County Planning and Development department has attempted to contact you over the phone numerous times without any response. Please do not hesitate to contact me regarding any questions that you may have at (540) 665-5651. Sincerely, John D. Kirby. Zoning Inspector JDK/pd VARIANCE APPLICATION #23-05 RODNEY BUTLER Staff Report for the Board of Zoning Appeals Prepared: September 12, 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: September 20, 2005 - Action Pending LOCATION: High Street (Route 635), 0.1 mile on the right MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER(S): 91A03-164-15 PROPERTY ZONING & USE: Zoned: RP (Residential Performance) Land Use: Vacant ADJOINING PROPERTY ZONING & USE: North: RP (Residential Performance) Use: Vacant South: RP (Residential Performance) Use: Vacant East: RP (Residential Performance) Use: Residential West: RP (Residential Performance) Use: Vacant VARIANCE REQUESTED: 20 foot front yard variance and 10 foot rear yard variance for the construction of a single family home REASON FOR VARIANCE: The lot is exceptionally shallow. 0 0 Variance Request #23-05, Rodney Butler September 12, 2005 Page 2 STAFF COMMENTS: This 1.72 acre property was part of the New Middletown Subdivision created in 1890. In1967 Frederick County adopted zoning. The historical zoning map shows this property was zoned A-2 (Agricultural General) and building restriction lines at the adoption of the zoning ordinance were 35'front and 15' on the sides. In 1987 this property was subject to a lot consolidation of 23 lots with building restriction lines of 35'front and 15' on the sides. Frederick County amended its Code in 1989 to change the rural zoning districts to the current RA (Rural Areas) zoning district, making the building restriction lines for the property 60'front for all four 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' front yard variance and 10' rear yard variance. Should this variance be granted, the building setbacks for this property would be: 40' in the front, 50' in the rear, and would remain 60' on the sides. 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. Mf a 4�Jo 11 `' ERICK Department of Planning and Development 5401665-5651 FAX: 540/665-6395 September 23, 2005 Mr. Rodney Butler 1244 Macedonia Church Rd. Stephens City, VA 22655 RE: VARIANCE REQUEST #23-05 Dear Mr. Butler: The above -referenced application was tabled by the Board of Zoning Appeals at their meeting on September 20, 2005. Your request on parcel bearing Property Identification Number 91A03- 164-15 is for a 20' front yard variance and a 10' rear yard variance and has been rescheduled for the November 15, 2005 Board of Zoning Appeals meeting. If you have any questions regarding this action, please feel free to call this office. Sincerely, *arkR. heran Zoning and Subdivision Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 BLOCK 64 W i 1 2 3 1 4 1 5 1 6 7 1 8 I 9 I 10 1 11 1 12 1 13 14 15 16 117 118 1 191201 21 22 23 24 �. W � c 16.5 ALLEY , v 25 26I 27 28 291 301 31 32 33I 341 35 36 37 38I 39 40 41 142 43I 4 45 46 47 48 P Z 0 „ I J BRL - '- 60' PROP. I14 W O7 OWL (AI BRL _ J qf LIMITS OF 30' PRESCRIPTIVE R.O.W. ROUTE 635 HIGH STREET 0 1. o ti M i- W cc I— ca V. SKETCH OF PROPOSED VARIANCE TO FRONT SETBACK ON LOTS 25 THROUGH 48, BLOCK 64, NEW MIDDLETOWN RECORDED IN D. B. 107, PG. 300. _ OPEQUON MAGISTERIAL DISTRICT. r o FREDERIC K COUNTY VIRGINI�G v L. C. HIMELRIGHT 9 PREPARED BY 131 HIMELRIGHT & ASSOCIATES, PLLC�� PROFESSIONAL LAND SURVEYORS 694 RED BUD ROAD, STRASBURG, VA. 9A'U sL;R�E`` PHONE 465-8767 JULY, 18 2005 50' 0 BLOCK 64 W ui i 1 2 3 1 4 5 6 7 8 19 I 10 1 II 12 1 13 1 14 1 15 16 17 !8 19 20 21 22 23 24 W 16.5 ALLEY Fm 25 261 27 1 28 291 301 31 32 33134 35 36 1 37 1 381 39 1 40 41 142 431 4� 45 46 47 48 I � v UJ cl1 Z Q — — — BRL v J PROP. W I m BRL DWL m I lz cc I I I I I I I I i t I I I I I I lb O h ROUTE 635 M LIMITS OF 30' PRESCRIPTIVE R.O.W. HIGH STREET SKETCH OF PROPOSED VARIANCE TO FRONT SETBACK ON LOTS 25 THROUGH 48, BLOCK 64, NEW MIDDLETOWN RECORDED IN D. B. 107, PG. 300. OPEQUON MAGISTERIAL DISTRICT oS.Tx°�"Lj FREDERICK COUNTY, V1RG1 A, L. G. HIMELRIGHT PREPARED BY No.1314 HIMELRIGHT & ASSOCIATES, PLL PROFESSIONAL 1 LLAND SURVEYO ROAD, STRAS URG, A.sliR`ti�c4 694REDBUD PHONE 465-8767 JULY, 18 2005 S0' 9 • W 1- BLOCK 64 2 3 4 1 5 1 6 7 8 19 I 10 11 12 13 14 15 116 117 118 1 191201 21 22 23 24 W So' 16.5 ALLEY � v cc 25 35 37381 39 40 41 142 4I 4� 45 46 47 148 I I3I I I o d% Z 0 — — —60, BRL �.. J PROP, � < � `I cc W �wL m m J � ccBRL I I I I I I I I I I l I I l l l l l �I LIMITS OF 30' PRESCRIPTIVE R.O.W. ROUTE 635 HIGH STREET 1 (,- M SKETCH OF PROPOSED VARIANCE TO FRONT SETBACK ON LOTS 25 THROUGH 48, BLOCK 64, NEW MIDDLETOWN RECORDED IN D. B. 107, PG. 300, OPEQUON MAGISTERIAL DISTRICT o����THoW FREDERICK COUNTY, VIRGIN L. C. PREPARED BY � HtMELR�GHT > No. 1314 HIMELRIGHT & ASSOCIATES, PROFESSIONAL LAND SURVEYORS 694 RED BUD ROAD, STRASBURG, A. R�F'`�' PHONE 465-8767 % JULY, 18 2005 P W 1 1 2 3 4 W 25 1 261 27 1 28 0 Z O W ti BLOCK 64 5 16 I 7 I 8 I 9 I 10 I II I 12 I 13 114 115 16 117 I JS I 19 120 I 21 122 123 I 24 16.5 ALLEY 291 30I 31 32 331 I 34 35 36 1 37 1 38I 39 40 41 142 431 4� 45 46 47 48 0 J BRL � PROP. 6 0' .� I< � a: DWL m BRL I I I I I I I I I I I I I lb ROUTE 635 LIMITS OF 30' PRESCRIPTIVE R.O.W. 1-7 HIGH STREET H W uj 50' SKETCH OF PROPOSED VARIANCE TO FRONT SETBACK ON LOTS 25 THROUGH 48, BLOCK 64, NEW MIDDLETOWN . RECORDED IN D. B. 107, PG. 300. OPEQUON MAGISTERIAL DISTRICT o��,P-TH 0 FREDERICK COUNTY, VIRGI PREPARED BY L. C. RIME"LRIGHT No. 1314 HIMELRIGHT & ASSOCIATES, PLLC PROFESSIONAL LAND SURVEYOR 694 RED BUD ROAD, STRASBURG, PHONE 465-8767 JULY, 18 2005 p5p010424 TAX MAP #91-A-03-141-C, 91A-03-1-G, and 91A-03-1-64-15. DEED This Deed is made and entered into this A day of �Q ,, 2005, by and between STEPHEN H. UNDERWOOD and MIAbHELLE AVDA, Grantors herein called Grantors and JAY K. MERGLER, �Q,e. . _ /_Y/—o w Grantee, herein called Grantee, WITNESSETH: That for and in consideration of the sum of TEN DOLLARS ($10.00), cash in hand paid to the Grantors, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby grant, bargain, sell, and convey, with General Warranty and English Covenants of Title, unto the Grantee, in Fee Simple, the following described real estate, to -wit: —'� PARCEL ONE: ALL THAT certain tract or parcel of land Owith (i all improvements thereon, together with all appurtenances thereunto appertaining, lying and being r situate in Frederick County, Virginia, containing 1.722 acres, and being known and designated as Lots 25 through 48 inclusive, of Block 64 on the plat of the Middletown Land and Improvement Company, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 107 at Page 300, as described on a plat prepared by Larry C. Himelright, P.C., dated September 11, 1978, of record in Deed Book 667 at Page 87. PARCEL TWO: ALL THAT certain tract or parcel of land with all improvements thereon, together with all appurtenances thereunto appertaining, lying and being situate in Frederick County, Virginia, containing 1.259 acres, situate along the West side of Route 627, and r1ka 0 0, CD X— w more particularly described on the plat of survey prepared by Larry C. Himelright, P.C., dated September 11,1987, of record in Deed Book 667 at Page 87. PARCEL THREE: ALL THAT certain tract or parcel of land with all improvements thereon, together with all appurtenances thereunto appertaining, lying and being situate in Frederick County, Virginia, containing 1,763 acres, and more particularly described on the plat of survey prepared by Larry C. Himelright, P.C., dated September 11,1987, of record in Deed Book 667 at Page 87. The aforesaid property is a portion of the same real estate conveyed to the Grantors herein, by deed dated the 25`h day of July, 2001, from Earl L. Austin and Marie J. Austin, husband and wife, said deed being of record in the aforesaid Clerk's Office as Instrument No. 010009682. Reference is hereby made to the aforesaid plats, deed, and records for a more complete description and further derivation of title. This conveyance is made subject to all restrictions, easements and rights of way of record, if any, affecting the aforesaid real estate. WITNESS the following signatures and seals: (SEAL) (SEAL) THIS INSTRUMENT WAS PREPARED BY Douglas C. Arthur, Attorney at Law, and the preparer did not perform a title examination in connection with the preparation of this instrument. STATE OF COUNTY( The this lk My STATE OF VA COUNTY OF aPfGr TO -WIT: The foregoing instWent was acknow this �_ day of , 2005, by'. N9d My Commission Expires: �1 VIRUINIA: FREDERICK COUNTY, SCT. This instrument of writing was produ iwd to me on /7, V ilaS at / �� L�' & and ith certificate of acknowledgement thereto nexed was admitted to record. T imposed by Sec 58.1-802 of S �.0�. DO and 58.1-801 have been paid. if assessable 4ew A�?d,.V . Clerk me is y OF O X.7' c-n 4 ail 9 9 J 9 ,qO,� 9�q '90�, 9 i 9J 'qp JgOu' 9i qp °J l 9) °ri p� Jp 9 9' 9p S 9) q0� 'pd 1J Jq i pJ PTV rOJ 9 qp 9J q03 'p 1 p 9'q qO� 'sp 91 A03 1 G rp 9) J'4oV, mid, '�> 9 P��F" 9iq qOi 'eJ '�9 9i qO,p 'dv 91 A03 1 M qp J,, Y9 > 9J qp Jd, 9d, 9'q °J °3 Jp 9j qpJ 'pY 1� v p qO� v s 9J qo� Js .,• 9� p; 6J us 9� qoJ �°v �� 9'p'� �`1` 9J qOJ '6v '�i qpqp y '0 s"' Jv 'flit' ,q9 �6 9°'9'q pJ °v 19 9 1 `fl fly 9) qOS JS 9j Jp 9J '9p J '9 9Jq °; 9J o S p J v J 9�q q9i J,ts J9 9 Jq9 9J q°� 'sv Jo 9J °�' 9j - '6v > 91A0716415 J ass s� �:�� 91 A031 C j Js J9 91 qOJ Y S� 9JgO °.P� 969 �� S '90, S 9J qp ls, yJ ' 1 J S 9 9)q q°; 'JS vo 'fliq °� Ss, uy 9, Jg90 ,%gip yJ 9Jg0u' pi SS �9 9) qOJ ''rs 19 Sd. .ij 'fl 'gO�Jf,�6� 99gp��J`,SSJ` Jp �. 91AOS1 1 ,GJ 9i a3s '9 9i �'�' °J qO9 91A031 D 9j 9 s 91A011 E J,p 91 A03 1 H .o 9� oo Js 9� J 9'qp qpl 'Ss '� •flJ ''r6' / a\�� y 9J 'qp� qp0� 91 qa— 'S° 'O o J u' ' p S ` EP 1 J s qOd u'1 gp�ss pp5 91 B A 14 9�� s' p3J,f. '� 9 91A031 > pas F � q°u; r 9J i q°J 09 S> O \o a ?9 9 9�gOu' 2 'qp p�s> Jo A S s 9 V J q C 91B A 13 Jd. p J Map Features Variance # 23 - 05 N Bridges N awena gL.`sJP.nlh-bn oParal& Jay K. Mergler LakesrPonds ^/ Dams Ag icultural8 FarasRal Dlstrlets N .M� Streams N Rehinirg Walls - Double Church Buildings Road Genterlines . Refuge Church ( 91 A03 -164 -15 ) N w E Tanks O S-u Frederick N Trails 0 �.� C J 75 150 300 Feet 99�� C3p� r,4 91A031 F w Map Features Variance # 23 - 05 /\/ Bridges S�pli�en I.VC es lakes/Ponds /. Dams oPare= A7rlcuttural8 Forestal Distlets Jay K. Mergler St.—/oa R N ente fins Buildings Road CefltlflifllS =R.fupChurch Refuge Church ( 91 A03 -164 - 15 ) - Tanks N w E South Frederick N �.. Trails s. 0 75 150 300 � Feet Document Approval Form AUG 2 2005 PLAT!', ' ,P' DENT 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 IMVE COMPLETED. INITIALS DATE & TIME Candice Bernie Mark Susan Eric Mike Kevin John COMMENTS: Received by Clerical Staff (Date & Time):(} 0_S N DEPT. OF GEOGRAPHIC INFORMATION FRiEDERICK COUNTY, VT RGE"aA W S E REQUESTII-IG AGENT: Department, Agency, ar Company:_ Mailing and/or Billing Address: Telephone: E-mail Address: GIS, MAPPING, GRAPHICS WORK REQUEST DATE RECEIVED: /--- D ESTDvIATED COST OF PROJECT: ON DATE: FAX: DESCRIPTION OF REQUEST: (Write additional infoimatz� vnk,_of request) - - I� C) DIGITAL: PAPER: FAX: SIZES: COLOR: BLACKIWHITE: NUMBER OF COPIES: STAFF MEMBER COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIY-ERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: HOURS REQUIRED: fu • � CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING November 1, 2005 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #23-05 OF RODNEY BUTLER On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, November 15, 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 #23-05 of Rodney Butler, for a 20' front yard variance and a 10' rear yard variance for the construction of a single family home. This property is located on High Street (Route 635), 0.1 mile on the right, and is identified with Property Identification Number 91A03-164-15 in the Back Creek 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, f /Xearl 4R. Cheran Zoning and Subdivision Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: ---- - 91A03-1.64. 4- - --- - SHIFFLETT, HELEN LOUISE Rodney & Melissa Butler CIO NORMA ORNDORFF 1244 Macedonia Church Rd. 965 HUTTLE RD Stephens City, VA 22655�I" LI MIDDLETOWN, VA. 22645-1546 91A03. 1.64. 9. RICE, J. W. EST. Jay Mergler CIO WAYSIDE INN SINCE 1797 9991 Broadsword Dr. MIDDLETOWN, VA. 22645 Bristow, VA 20136 91A03 I. G. C� CREEKMUR CONSTRUCTION, LLC 91A03. 1.56. 36 I BUTLER, RODNEY RILEY, WILLIAM J � 54 MAYWOOD DR 300 HIGH ST FRONT ROYAL, VA 22630 MIDDLETOWN, VA 22645.1841 91 • 1- - C. BYRAM, TIMOTHY EARL & KIMBERLY DAWN 91A03. 1• - E. 8086 VALLEY PIKE ORNDORFF, RHETT A MIDDLETOWN, VA 22645 1907 283 HIGH ST 91A03 1 57 12 MIDDLETOWN, VA 22645.1843 WALTER, RICHARD C. 91A03-1- M- 'i j 309 HIGH ST COOLEY, JACK LEE I MIDDLETOWN, VA 22645.1842 2001 CHAPEL RD MIDDLETOWN, VA 22645.1815 — --- - - 91A03- 1.64- 3- \ WAYSIDE INN SINCE 1797, INC. 7703 MAIN ST MIDDLETOWN, VA 22645-9502 Mark R. Cheran - -._- _.-- __ --- - -- _ .-----__---_ Zoning & Subdivision Administrator Frederick County Planning Dept. STATE OF VI.RGINIA COUNTY OF FREDERICK C / , a Notary Public in and for the State and County aforesaid, do ereby certify thaOKlark R. Cheran, Zoning & Subdivision Administrator, for the Departm.e t of Planning and Development, whose name is signed to the foregoing, dated , has personally appeared before me and acknowledged the same in my Stale'6d County aforesaid. Given under my hand this day of _JL✓ Oil ' E�c� My commission expires on 761 -- - - - 91A03.1.56. 29 — ----- - --- MILLER, JAN DAVID PO BOX 1128 FRONT ROYAL, VA 22630.0023 j NOTARY UBLIC COUNTY of FREDERICK J Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING September 6, 2005 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS) RE: VARIANCE REQUEST 423-05 OF RODNEY BUTLER On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, September 20, 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 #23-05 of Rodney Butler, for a 20 foot front yard variance and a 10 foot rear yard variance for the construction of a single family home. This property is located on High Street (Route 635), 0.1 mile on the right, and is identified with Property Identification Number 91A03-164- 15 in the Back Creek 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, <a' Ma k R. Clie ai(-i Zoning and Subdivision Administrator MRC/bad 107 North'Kent Street, Suite 202 • Winchester, Virginia 22601-5000 N This is to certify that the attached correspondence was mailed to the following on (�1� 5- - from the Department of Planning and Development, Frederick County, Virginia: 91A03. 1.64. 4- SHIFFLETT, HELEN LOUISE 75M 2 B 7 CIO NORMA ORNDORFF BUTLER, RODNEY W & MELISSA D I 965 HUTTLE RD 1244 MACEDONIA CHURCH RD �< MIDDLETOWN, VA. 22645.1546 STEPHENS CITY, VA 22655Q 91A03.1.64. 9- 91A03. 1.64. 15- RICE, J. W. EST. MERGLER, JAY K CIO WAYSIDE INN SINCE 1797 MIDDLETOWN, VA. 22645 9991 BROADSWORD OR j BRISTOW, VA 20136.2610 91A03. 1- . G- CREEKMUR CONSTRUCTION, LLC 91A03- 1.56. 36• BUTLER, RODNEY RILEY, WILLIAM J 54 MAYWOOD DR 300 HIGH ST FRONT ROYAL, VA 22630 MIDDLETOWN, VA 22645-1841 91 - 1 - - cr BYRAM, TI11t1.0-PlY EARL & KIMBERLY DAWN 91A03- 1- . E• 0086 VALLEY " �(E ORNDORFF, RHETT A MIDDLETOWri, t 22645-1907 283 HIGH ST 91A03.1.57. 12- MIDDLETOWN, VA 22645-1843 WALTER, RICHARD C. 91A03- 1- - M- COOLEY, JACK LEE 2001 CHAPEL RD MIDDLETOWN, VA 22645.1815 91A03. 1.64. 3- WAYSIDE INN SINCE 1797, INC. 7783 MAIN ST MIDDLETOWN, VA 22645.9502 STATE OF VIRGiN)[A COUNTY OF FREDERICK 309 HIGH ST MIDDLETOWN, VA Mark R. Cheran Zoning & Subdivision Administrator Frederick County Planning Dept. 22645.1842 a Notary Public in and for the State and County aforesaid, do ( - ereby certify that Mar R. Cheran, Zoning & Subdivision Administrator, for the Departzent,of Planning and Development, whose name is signed to the foregoing, dated V , , has personally appeared before me and acknowledged the same in my State and County aforesaid. - Given under my hand this day of /�� L. �,� oa My commission expires on Qz, ,uZ © Q 91A03. 1.56. 29 - - - MILLER, JAN DAVID PO BOX 1128 ' FRONT ROYAL, VA 22630.0023� NOTARY P LIC 13. Additional comments, if any: TO:BARBARA-DATA PROCESSING ROM: Bev - Planning Dept. Please Print � sets of labels by THANKSH 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: O�� V"G`� 5 t(J� i� ►'� Address 77 $3 M&,'n S4- ci��c w in V Property ID # N,Or )d ©rn ddr-(-r Address cl10.e- 41Zc44-1 P CJ Middle ota 1% Property ID y Address Property ID #� Sid P Dr. j �) I (t,1IY1 � • ��� Address 36 6 1' h S M 1 dd 1Ov.� �1z Property ID # P g I A 0 3- 1�5 C0 LL L n J �he4+- Oandor-(-F ]3(0 Address ZJ3 HI lj.E- �f Up JG iVAr 2 Property ID # q / Ai o 3 _ / - L Coo Address 200 Property ID Address Property ID # J Address Property ID # 'J— my 1)5 WID . 4✓ (S 7�j(�j �1� ��� Page 7 of 9 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 Address Afd 5 w, e g 10, j 3 Property ID # A D _ (0 3 rk ) �1 Address Property Y ID # Q3 _ ` . go r � x,-& Address Property ID # D3 _ 1 . v Address Property # P Y ID 0 — ~�le� Address q G (IL� Property ID 403S 7, /6 Address Property ID X p � 1.3 - NO Address Property ID # 3 — A6� OL✓neJ b q �` `ff Jt�e-- 15. Provide a sketch of the property (you may use this page or attach engineer's drawing). 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. 7