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HomeMy WebLinkAbout24-05 Samuel & Ruth Spicer 11.2' Front Yard - Back Creek - Backfile� 1 f BOARD OF ZONING APPEALS Variance Request Tracking Sheet Date: C ( o�-- File opened p Reference Manual updated/number assigned 01. 0� D-base updated �;- 6 L-O O Lo—.Cpa4 && I11-location map requested from GIS 1� Two sets of labels requested from Data Processing /D-iY-ob mz, File given to Renee' to update Application Action Summary MEETING DATE: L, FINAL ACTION:'{' r CLOSE OUT FILE: S� Approval (or denial) letter mailed to applicant/copy made for file /7 S'— File stamped "approved", "denied" or "withdrawn" ( 0 7A&— Reference Manual updated i 17 as D-base updated File given to Renee' for final update to Application Action Summary U:Sev\Common\Tracking sheets\BZA Tracking.bu Revised 05125/0I 0 c cl 0 e DATE NO RECEIVED FROM ADDRESS k � _ DOLLARS $ FOR CASH 7DUE CHECK I MONEY ORDER7 BY I 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: November 18, 2005 The amount of $50.00 was deposited in line item #3-010-019110-0008 for Mr. Samuel Spicer. Mr. Boyd Spicer named below had a deposit for one sign for a Variance #24-05 for Samuel Spicer. The sign has been returned 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 $50.00 to: Boyd Spicer 112 Star Tannery Rd Star Tannery, VA 22654 RSA/pd Poi 11//6105- 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 1f Pd by PLANNING & DEVELOPMENT 10/19 Check lt BALANCE DUE INCLUDES PENALTY/INTEREST THRU THEMONTH12210/2005 VA 0 1 alp 4 T A X R E C E I P T xEDERICK COUNTY . WILLIAM ORNDOFF, JR ,P.O. BOX 225 �y$0� WINCHESTER VA 22604-0225 � � C ] Ticket #:00005160001 Date : 10/19/2005 Register: LJT/LJ Trans. #: 11323 Dept # 1095 Acct# SIGN DEPOSITS PLANNING Previous !' Balance $ 100.00 Principal Being Paid $ 100.00 Penalty $ .00 Interest $ .00 Amount Paid $ 100.00 *Balance Due $ .00 Cash 55.00 Pd by PLANNING & DEVELOPMENT 10/19 Check 1229.00 # VARIOUS BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 10/2005 0 • November 17, 2005 Mr. and Mrs. Samuel Spicer 13430 Moore Rd. Centreville, VA 20121 RE: VARIANCE REQUEST 424-05 Dear Mr. and Mrs. Spicer: FREDERICK 665-6395 This letter is to confirm that the above -referenced application was approved by the Board of Zoning Appeals at their meeting on November 15, 2005. Your request on parcel bearing Property Identification Number 70-A-2E was for an 11.2' front yard variance. The property is located on the northern side of Wardensville Grade (Route 600), near the intersection of Burr Stone Lane and Wardensville Grade. 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: Building Inspections Jane Anderson, Real Estate 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 VARIANCE APPLICATION #24-05 SAMUEL AND RUTH SPICER Staff Report for the Board of Zoning Appeals Prepared: November 1, 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: November 15, 2005 - Action Pending LOCATION: Northern side of Wardensville Grade (Route 600), near the intersection of Burr Stone Lane and Wardensville Grade MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBERN: 70-A-2E PROPERTY ZONING & USE: Zoned: RA (Rural Areas) Land Use: Vacant and Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Use: Vacant South: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: Vacant West: RA (Rural Areas) Use: Residential VARIANCE REQUESTED: An 11.2' front yard variance REASON FOR VARIANCE: Drainfield location does not allow for walk-in basement Variance Request #24-05, Samuel and Ruth Spicer November 1, 2005 Page 2 STAFF COMMENTS: The applicant is seeking an 11.2 foot front variance due to the building restriction lines (BRL) on this 1.43 acre property. The BRL's for this property are front and rear 75' and sides 50'. These BRL's are consistent with the Frederick County Zoning Ordinance and are vested as noted on the plat submitted with this application. The applicant proposes to build a single- family dwelling with a walk-in basement that will be too close to the staked out drainfield site. This does not meet the criteria of a hardship under the Code of Virginia Section 15.2-2309 (2). The Frederick County Zoning Ordinance allows for different housing types in the RA (Rural Areas) Zoning District which include mobile homes, modular homes, and single-family dwellings without basements. Any one of these housing types maybe used without a variance. STAFF CONCLUSIONS FOR THE NOVEMBER 15, 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 subject lot has a fairly narrow width and when applied in conjunction with two front setbacks, the lot is not able to be improved to the owner's desire. Strict application of the zoning ordinance in this case does not produce an undue hardship because the property contains an area that may be expanded into without a variance. Therefore, the inability to construct a single-family dwelling with a walk-in basement does not constitute an undue hardship under the criteria, specified in 15.2- 2309(2), Code of Virginia; denial of this variance would be justified. SCHAFER 70 A 74D WATSON 70 A 16G DU NAYER 70 A 74B PITCOCK 70 A 168 SPICER 70 A 16 MILLER 70 A 2A SPICER 70 A 2E Fox 70 A 160 MILLER 70 A 75A N0001NS 70 A 16N MILLER 70 A 74A BOYD 70 A 70 NELMS 70 A 69 Map Features Zoning Appl-bon N Bridge= VAR # 24 — 05 /,/ Cwverts B _ Q 81 (Business, Neighborhood District) MS (Medical Support District) Lakes7Ponds ,iA, Dams 0 82 (Business. General District) R4 (Residential, Planned Community District) w— Streams / V Retaining Walls B3 (Business, Industrial Transition District) R5 (Residential Recreational Community District) Samuel & Ruth Spicer Buildings Road Centerlines EM(Eztractive Manufacturing District) 0 RA (Rural Areas District) Hn - Taks Tahiti. HE (Higher Education Dniod) 0 RP (Residential Performance District) M1 (Industrial, Light Distncl) A 2 E ) OParcelsTrails 0 M2 (Industrial, General District) N MH1 (Mobile Home Community District) w O SWSA LOA F 0 75 150 300 S Feet LOWERY 70 A 73 ORNDORFF 70 A 72 o yF \ STRO v si 70 A 68B 66B MCINTURFF 70 A 68 '4#, , MILLER 0 A 75A I SS"" FE R kx I i I +T1 WLLER DUKAYER ! #�.' _ _ .;��l+ -•a _ L 1 Jam' .F _ S � 3` 70 A 718 � ar 4 ! R � � '• 0 NDORFFI t �i` _ - � •' wlE, f jam' �' ems' R T e A' IYD All � 70 � 70 STROSNTc s l • 70 A 16G ' PITCOCK !. 70 A 11681_9 'q _ P a Ott _ �r• � • T s 1 .._ 7 A 69 - ti. 0 SPICE R MCINTURFF IGD 1 ' T HUDNINS 70 A 16H Map Features Zoning Application /\/ Bndges VAR # 24 - 05 ^/ Culverts B ® B1 (Business, Neighborhood District) MS (Medical Support District) Lakes)Ponds ti Dams B2 (Business, General District) RI (Residential, Planned Community Distrid) .N� Streams /./ Retaining Walls 83 (Businessansition , Industrial TrDistrict) R5 (Residential Reaeabonal CommunityDistrict) Samuel &Ruth Spicer Buddings Road Centerlines EM (Extractive Manufacturing District) p RA(Rural Areas Distric() - Tanks ti HE (Higher Education District) 0 RP (Residential PerformanceDistrict) M7 (Industrial, Light District) 7 / 0 A 2 E ) OParcels ^/ Q M2 (Industrial, General Distrid) N ��� Trails O ♦ MH1 (Mobile Home Community District) H E SWSA ff UDA — 0 75 150 300 S Feet N •• APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner . j/ other 2. APPLICANT: . (Check one) OCCUPANT: (if different) NAME: ADDRESS: TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): MAI Q_ `kn� WaijApyv5z V i l c L4� P. 4. The property has a road frontage of _� feet and a depth off ' feet and consists of acres (please be exact). Page 5 of 9 00 •0 5. The property is owned by . ``1 & . as evidenced by deed from -' ecorded (previous owner) in deed book )_ on page of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: 91 U' i_e 111 7. Property Identification No.: 8. The existing zoning of the property is: %R 9. The existinguse of the roe is: O_ �, 5 ,� li ii property rtY � J 1� �r 10. Adjoining Property: USE ZONING North R10'T East Om South • i 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.") 01 ) - ,, NO A'1n.-0,.11oy i�ra�i� IN�,1 �a r < 16 Ainella67rt hcuq n _hw. vvvve� �e too C OS9,F, `I � L�, ACC kec INJ�� �V,V I V)1A 12. List specific reason(s) why the variance is being sougt in Perms o - 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 immediatel adjacent theretoTot,, RAP Ae DfkL. Page 6 of 9 Go' e,. -rev, 0• 0• 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 �. -.. Address R 1 Pro e � p rtyID# .,n _ i r Address ' - M. t z V o r I I r Property ID # Address , S2gt7 Property ID # VA, 0*1C911 fy�t �"�` �T\�� I�� Address Property ID # { P ny ++ �,rti k5 S Q nyxl; TC Address Il �, Property ID# -. Address Property ID # Address Property ID # Address Property ID # Page 7 of 9 0• 00 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. Page 8 of 9 \ PIN 70—A-2A 40 N/F RODNEY L MILLER \ DB 558 PG 660 30, STUN IV,gT `�V PIN 70—A-7413 N/F DORIS P DUNAYER do PAMELA K. SIMONS DB 972 PG 556 CURVE TABLE INoIRADIUSI ARC I BEARING I CHORD I DEL TA Cl 409.26' 117.74' S 57'47'19" W 117.3J' 1679 00 NO TES• 1. NO 77TLE REPORT FURNISHED. EASEMENTS MAY EXIST THAT ARE NOT SHOWN ON THIS PLAT. 2. PROPERTY IDEN 77FICA 77ON No. 70-A-2E. 3. BRL - BUILDING RESTRICRON LINE PIN 70-A-74A N/F RODNEY L MILLER DB 552 PG 716 nJ0 GRAPHIC SCALE 60 0 30 00 120 1 inch 60 ft. PLA T SHOWING LOCA T/ON OF PROPOSED DWELLING ON THE LAND OF SAMUEL L. SPICER & RU TH J. SPICER INSTRUMENT 404000921J BACK CREEK MAGISTERIAL DIS7R/CT FREDERICK COUNTY, WRGINIA DATE- OCTOBER 3, 2005 SCALE.- 1 "=60' @6929A AfdW 60 NORTH LOUDOUN STREET MARSH & LEDGE WINCHESTER, VIRGDU 22601 Land Surveyors, P.L.C. PHA�5406670469FX ) - 00 •* 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 APPLICANI DATE SIGNATURE OF OWNER (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF 1 / / A s ACTION: - DATE - DATE APPROVAL SIGNE , l+ BZA HAIRMAN DENIAL DATE: Page 9 of 9 p1196 # ' JO SEPH A. MASSIE, JR. , I'?(TR. ' TO: .. '11RUST B. M. BUTLER, ET AL, TRS. * * * * * * * k * * * * 1 * * * k * * * * * * * * * I * JAM/jd 82-061 s/18/83 1 c 7 7 �J THIS DEED OF TRUST, made and dated this i� r ih day of May, 1983, by and between Joseph A. Massie, Jr., Executor of the Estate of E. L. Peters, deceased, party of the first part, hereinafter called r..:ar.tor, and Benjamin M. butler, party of the second pact, hereinafter called Trustee. WHEREAS, E. L. Peters died April 18, 1982, and his Will was probated in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Will Book !L, Page 4-a, and Joseph A. Massie, Jr. duly qualified as Executor under the terms of said Willi and, WHEREAS, said will provides and gives authority to this Executor to borrow money and encumbar the real estate of the decedent's estate] and, WHEREAS, it is necessary to borrow funds for the purpose of paying the taxes due by said estate. NO%'THEREFORE THIS DEED OF TRUST WITNESSETH: That for and in consideration of the sum of One Dollar (S1.00) cash in hand paid by the said Trustee to the party of the first part, Ion or before the delivery of this deed of trust, the receipt of which is hereby acknowledged, the party of the first part does hereby grant and convey unto the said Trustee under the terms and provisions herein- after set forth the following real estate, to -wits All of that certain tract or parcel of land lying and being situate on the North side of Virginia Secondary Highway No. 657, otherwise known as Senseny Road, approximately one (1) mile East of the City of Winchester, Virginia, in Shawnee Magisterial District, Frederick JA[►N k. M..619. in. County, Virginia, and more particularly des- ...«,...,... II cribed in that certain plat and survey of Quent •~'N•'•" •�•'•'• R. Short, C.L.S., dated March 23, 1961, which is II attached to and made a part of that certain deed from Sophia G. Trenary and h::sband to E. L. 673 PY,$5SPGG7P I Peters and Ruth L. Peters, his wife, an tenants by the entirety with the common law right of our- vivorghip, dated June 2, 1962, And of record in the Clerk's Office of the Circuit rnurt of i Frederick County, Virginia, in Deed Book 271, Page 99. The said Ruth E. Peters having dies on the 1st day of August, 1.976, thereby vesting fee simple title in and to said realty to the said E. L. Peters. EXCEPTING FROM THIS CONVEYANCE is Senseny ( Heights Subdivision, Section One, of record in the aforesaid Clerk's Office in Deed Book 272, Page 450, Senseny Heights Subdivision dated August 1, 1972, and of record in said Clerk's Of- fice in Deed Book 399, Page 93,.consisting of Lots 1 through 5, Block D, Lots 1 through 7, Block B and a subdivision of Senseny Heights dated June 15, 1976, and of record in said Clerk's Office in Deed !took 484, Page 524, for Lots 6, 7, 8, and 9, Block D, Lots 3 through 12, " Block C and that certain [geed of Dedication dated August 14, 1978, for an additional portion of Williamson Road extending from Senseny Road northward to the intersection of Stafford Drive and of record in the aforeaaid Clerk's Office in 1 Deed Book 504, Page 161, LESS that certain lot or parcel of land containing 5.16 acres conveyed to the Trustees of Christ Episcopal Church by deed dated January 22, 1963, and of record in the Clerk's Office in Oeed Book 285, Page 416, and less that conveyance to the Commanwealth of Virginia for the widening of Senseny Road, by deed dated February 20, 1970, of record in said 1 Clerk's Office in Deed Book 363, Page 304. The said lands herein encumbered include that certain lot or parcel of land containing 36,545 square feet, improved by two (2) brick apartment buildings containing twelve (12) apartments eadh and that certain lot or parcel of land being 100 feet in width having a depth of 150 feet on the. Western corner of the intersection of Williamson ~ Road and Senseny Road and improved by a store building, and the cdditional 5.6 +- acres zoned commercial and an undeveloped street designated as Circle Drive, together with the undeveloped real estate of 4.5 +- acres zoned residential and including a Lot on the Northeast corner at the intersection of' Williamson Road and Senseny. Road improved by a old frame dwelling house. This conveyance is made subject to all ease- fscents, rights of way and restrictions -of record affecting i the subject property. dR Iiossrw a. raga. w. ...a,a.+u..w..w. I 0 BKS53PG679 IN TRUS-. HOWEVER, to secure payment to the holder of a certain negotiable bond of even date herewith, made by the party of the first part, payable- to the order of them Shenandoah Valley National bank, of Winchester, Virgi...a, in the principal sum of One Hundred Fifteen Thou- sand Dollars ($115,000.00) with interest thereon at the rate p° two percent (21) over the quoted prime rate of the Chase Manhatten Bank, per annum, interest payments only commencing on the L/'•day of Jur.e 1983, and continuing on the same day of each succeeding month thereafter, except that, if not sooner paid the entire indebtedness shall be due and payable on the / / day of May, 1984. AND FURTHER IN TRUST, to secure the payment of any money, with interest thereon, advanced by the holder of the hercinabove described obligation to the party of the first part, or his successor in title, at any time be- fore the release of this deed of trust for any purpose to the extent that the amount advanced at any one time when added to the balance due on the original indebtedness and any prior advance, shall not exceed the amount originally secured by this deed of trust. This Deed of Trust is executed and is to be con- , ntrued In accordance with all the provisions of Section 55-59 and 55-60 of the Code of Virginia, and all amend- ments thereto except as otherwise provided herein. Advertisement requiredi Four (4) publications of notice of sale commencing within twenty-cne (21) days before the date of sale in any newspaper of general circu- lation published or distributed where the property is lo- cated) commission of two and one-half percent (a 1/2t) of 3 Bk559PGG80 indebtedness shall be due Trustee if property is adver- tised but indebtedness paid before sale. The i'arty of the first hart reserves the right to pay at any time the entire Indebtedness, or any part thereof. Exemptions waived. Subject to all upon default. Insurances —required against fire Anti other calamity in the amount of the insurable value. Any default in tho amount of the monthly payment provided in said sacured indebtedness, unless paid within fifteen (15) days from the due date of said payment, shall at the option of the holder of said indebtedness, consti- tute an event of default under this Deed of Trust, and the entire remaining balance shall at tho option of the Holder immediately become due and payable. Waiver of any default shall not constitute a waiver of any future default. The holder of the indebtedness sacured by this Deed of Trust is hereby granted the power to appoint a sub- stitute Trustee pursuant to Section 26-49 of the Code of Virginia in the event of resignation, death, incapacity, disability, removal or absence from the State of a•':rus- teel such substitute Trustee shall have the same powers as if originally named herein. The property secured by this Trust may not be sold by Contract of Sale or conveyed to any other person, firm or corporation, without the prior written consent of the holder of the bond and any such sale or conveyance shall be construed as a default of this Trust. NOTICE - THE DEBT SECURED HEREBY IS SUBJECT TO CALL IN PULL OR THE TERMS THEnEOP BEING MODIFIED IN THE• 4 E 1 G 1 1 BK559��6a i liLVENT OF SALkFOR CONVEYANCE OF� Ttlk: PROPERTY SECUi/ED I' HEREBY. WITNESS the following signature and seals JdSeph A. h:ass ie, 31:., Exe-utor of the Estate of E. L. Peters, deceased STATE OF VIRGINIA uF�11 , %' . to -wits The foreyoing Deed of Trusc was acknowledged be- fore me this !4i_ _/•day of )-),1_, _, 1983, b� Joseph A. I� Massie, Jr., Executor of the Estate of E. L. Peters, i I deceased. , My Commission expiress�;�l� 4 Notar/ Public ! Y • l �qta•:f^-.!!nrr.!a7V'iT•I.:.3T. �� I� K� I � 1•• �•,�. 0'a� +�v�•�. .�'x�.Mrr .,,, ,�i�`. Oayd. �� .,yv � I I � < < b.:.. � /1;, .u• r •i t. - t. a : ,t. � .. ,.; n: �t NY. W a,nr..�I .A a�n1Ml 5 \ PIN 70-A-2A N/F RODNEY L MILLER DB 558 PG 660 30 R S A�TR o'v J � s♦'sue`` �A�wAY''' 5 PROPOSED ?63.1 \ WELL SITE PIN 70-A-2E 1.243 ACRES '/' 0 PIN 70-A-74B N/F DORIS P DUNAYER & PAMELA K. SIMONS DB 972 PG 556 A CUR VE TABLE No RADIUS ARC BEARING CHORD DELTA C1 409.26' 117. 74' S 57-47.19" If117 JX 1679'0o\\\ 02 NO TES• 1. NO 777LE REPORT FURNISHED. EASEMENTS MA Y EXIST THA T ARE NOT SHOWN ON THIS PLA T. 2. PROPERTY IDEN77FICA 77ON No. 70-A-2E. 3. BRL - BUILDING RES7R/C77ON LINE PIN 70-A-74A N/F RODNEY L MILLER DB 552 PG 716 GRAPHIC SCALE 60 0 30 60 120 1 inch 60 ft. PLA T SHOWING LOCH T/ON OF PROPOSED DWELLING ON THE LAND OF SAMUEL L. SPICER & RUINSTRUMENTTH J. 40SICER oP BACK CREEK MAGIVERIAL DIS7RICT FREDERICK COUNTY, 14RGINIA DA7E• OCTOBER .3, 2005 SCALE. 1"=60' ID6929A AMW MARSH & LEGGE WINCHESTER, VIRG NIASTREET 22601 Land Surveyors, P. L.C. PH FAX �540) 667-0469 13. Additional comments, if any: • TO: BARBARA-DATA PROCESSING FROW BEV - Planning Dept. Please pri t a4, sets of labels by THANKS! 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: f► I35T5 l J Address Property ID # — Address S , Property ID # t-9 9E (� 1 1 l �OA11E Address M \Oftu) -5 Property ID # d Address Property ID # _ �z �%khQ\j�(� ��1 1J` T 1 m" AddressSIM1� A Property ID # Address Property ID # Address Property ID # Address Property ID # Page 7 of 9 l� f COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING November 1, 2005 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #24-05 OF SAMUEL AND RUTH SPICER 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 924-05 of Samuel and Ruth Spicer, for an 11.2' front yard variance. This property is located on the northern side of Wardensville Grade (Route 600), near the intersection of Burr Stone Lane and Wardensville Grade, and is identified with Property Identification Number 70- A-2E in the Back Creels 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, Mark R. Cheran Zoning and Subdivision Administrator MRC/bad 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 Y ,'This is to r1ertfy that the attached correspondence was mailed to the following on tilt a' from the Department of Planning and Development, Frederick County, Virginia: 70 - A- - 2-E SPICER, SAMUEL L & RUTH J 13430 MOORE RD CENTREVILLE, VA 20121-2431 70 - A- - 70- BOYD, JOHN R JR 108 MOUNTAIN FALLS RD WINCHESTER, VA 22602.3322 70 - A- - 74-E SCHAFER, IRENE L & SCHAFER-PLUNKERT, MARY M TRU 1559 BREHM RD WESTMINSTER, MD 21157-6407 70 - A- - 74-A MILLER, RODNEY L. SONIA D. 5228 WARDENSVILLE GRADE WINCHESTER, VA. 22602-3360 70 - A- - 74-B DUNAYER, DORIS P & SIMONS, PAMELA K 153 BURR STONE LN STAR TANNERY, VA 22654 f 1. .� Mark R. Cheran Zoning & Subdivision Administrator Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, do �reby certify that k R. Cheran, Zoning & Subdivision Administrator, for the Depa nt of Planning and Development, whose name is signed to the foregoing, dated has personally appeared before me and acknowledged the same in my State and County aforesaid. I d- ---I Given under my hand this � -- day of D7iC P.( My commission expires on "�Q�' Pa7w 'Sp roe'(C 13. Additional comments, if any: TO:BARBARA-DATA PROCESSING FROM:BEV - P anning Dept. Please pri t sets of labels by !0 a S THANKS! 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: T ��\ � J�, goj�rIIV Address _ � Property ID # � b - - I--- J exz, Y I 4n Address S Property ID # -9 F- - Address Property ID # 1 d Address Property ID #Z-10-2 S h Addressl�-purr -6anr"Zu VA. Property ID # Address Property ID # Address Property ID # Address Property ID # Page 7 of 9