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Home My WebLink About09-04 David Hicks 40' Side Yards - Opequon - BackfileP BOARD OF ZONING APPEALS Variance Request Tracking Sheet Date: 4 File opened Reference Manual updated/number assigned D-base updated 0I / One B&W location map requested from GIS f )-�-A0L Two sets of labels requested from Data Processing File given to Renee' to update Application Action Summary MEETING DATE: 11W0 — l FINAL ACTION: 0 CLOSE OUT FILE: 001 Approval (or denial) letter mailed to applicant/copy made for file / % 0 S— File stamped "approved", "denied" or "withdrawn" IN Reference Manual updated D-base updated File given to Renee' for final update to Application Action Summary Qu,i U:\Bev\Common\Tracking sheets\BZA Tracking.bza Revised 05/25/01 m 0 m m 0 2 Ir 8 AMT. OF ACCOUNT AMT. PAID 70R' 7 BALANCEDUE RY 0 21 Ln kn 0 �n FILE COPY CO, W,,. .... 4. y,. COUNTY of FREDERICK w a" Department of Planning and Development 5401665-5651 FAX: 540/665-6395 MEMORANDUM TO: Finance Department FROM: Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: February 16, 2005 The amount of $50.00 was deposited in line item #3-010-019110-0008 for the company named below had a deposit for one sign for a Variance #09-04 for David Hicks. 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 $50.00 to: Artz & Associates, PLC 16 East Piccadilly St. Winchester, VA 22601 RSA/pd "t a. ttvo.G' 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 U.\Bcv\Common\Tracking sheets\BZA Tracking.bn Revised 05125101 DarF � � ��.,�. 510 RECEIVED FROM +4 No. a ADDRESS O DOLLARS $'i FOR., 1 $ r } glum AMT.OF ACCOUNT I CASH AMT PAID ��' I CHECK , Y, BALANCE I DUE MONEY ORDER By i PROPOSEp LOT 31 FUNKHOSE OPE UON DI SCA�;1�� _ STD 20 PRESENT OWNER DA VIp A HICK5 TM #76A-1-31 PROJECT J20700 1 Ticket #:00004720001 T A X R E C E I P T Date : 12/23/2004 FREDERICK COUNTY Register: LJT/LJ 14 C. WILLIAM ORNDOFF, JR Trans. #: 03105 P.O. BOX 225 Dept # 1095 WINCHESTER VA 22604-0225 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 15.00 Pd by PLANNING & DEVELOPMENT Check 13558.00 # VARIOUS BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 12/2004 p Y COUNTY Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 February 16, 2005 Mr. Mike Artz Artz & Associates 16 East Piccadilly Street Winchester, VA 22601 RE: VARIANCE REQUESTS #08-04 AND 409-04 OF DAVID HICKS Dear Mike: This letter is to confirm that the above -referenced applications were approved by the Board of Zoning Appeals at their meeting on February 15, 2005. Your requests on parcels bearing Property Identification Numbers 76A-1-30 and 76A-1-31 were for a 40 foot side yard variance, on both sides of the properties. These properties are located in the 2200 block of Front Royal Pike (Route 522) on the west side, in the Opequon Magisterial District. If you have any questions regarding this action, please feel free to call this office. Sincerely, l �/A 1�Iark R. Cheran Zoning and Subdivision Administrator MRC/bad cc: Building Inspections Jane Anderson, Real Estate David Hicks, 2333 N. Frederick Pike, Winchester, VA 22603 107 North Kent Street, Smite 202 - Winchester, Virginia 22601-5000 0 VARIANCE APPLICATION #09-04 DAVID HICKS Staff Report for the Board of Zoning Appeals Prepared: February 7, 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: January 18, 2005 - Tabled February 15, 2005 - Action Pending�Ve� L 2200 block of Front Royal Pike (Route 522) west side. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBERN: 76A-1-31 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) District Land Use: Vacant ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Use: Vacant South: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: School West: RP (Residential Performance) Use: Residential VARIANCE REQUESTED: The applicant is requesting a 40 foot side yard variance, on both sides. REASON FOR VARIANCE: The lot predates the current zoning ordinance with regards to RA setbacks and prevents any new structure to be built. • 0 Variance Request #09-04, David Hicks February 7, 2005 Page 2 STAFF COMMENTS: This property was created in 1946 as noted by the deed and plats included in your agenda. Frederick County adopted performance zoning in1967. The Frederick County historical zoning map shows this property was zoned A-2 (Agricultural General) in1967. The property setback lines at the adoption of the zoning ordinance were 35' front and I5'sides. Frederick County amended its Code in 1989 to changes 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, 50'rear and sides. STAFF CONCLUSIONS FOR THE FEBRUARY 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 applicant is seeking a variance of forty (40) feet on the sides of this property. Should this variance be granted the building setbacks for this property would be: 60' front 10'sides and 50'rear. (See plat) It appears that this variance meets the intent of the Code of Virginia, Section 15.2-2309 (2), and this request for a forty (40) foot variance from the current setbacks of the RA zoning district maybe justified. Should this variance be granted it will allow this parcel to have the similar setbacks of the adjacent properties, with structures built prior to the currant zoning ordinance. 237-364 Z 76 A 91 LAKE, JUANITA B 0 co co Q m 34 Q z O, WIU-�PM G BUSY -- Ui mi o z rl- co CD Q o -� l6P PSGN z J m coM1CHP o 31 -„ co c\j Z ^a = w NGKS,DP�IDP m Q r c DP, P o N1GK ' C-)o U, c Q �6P gP (RDS�E E RPPGZyK, KERN cf) CD l6ARN`GE P�RDSIEE o CZYK' 6E - -� __ w RPP O �6P A PjRDoSlEE � o 76 A 25 RPP �6P GE PTRDS�EE RAPCZYK, HAROLD E PPGZYK, gERNi__ �O R - � VAR# 09 - 04 - DAVID HICKS N (76A -1 -31) W E , a so IN ioo — S F«, .. t. 1 IL ,4W' :{ - MW 1 1 • i t I i a�- 1 • 1 • • 1 J 1 0• 00 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT D EC E 0 E iDDEC. 1 C - 1. The applicant is the owner other ✓ . (Check one) 2. APPLICANT: M i Ch o e_l OCCUPANT: (if different) NAME: OS_S c c i de d L NAME: ADDRESS )b � PiCCCJ- _ <<H Aree-kDDRESS: ZZ TELEPHONE: ,(o/, 7 :323_3 TELEPHONE: FREDERICK COUNTY NNING & DEVELOPMENT 3. The property is located at (give exact directions and include State Route numbers): 4. The property has a road frontage of 50 feet and a depth of 1'7841 i feet and consists of Y, q it 5g.f j, acres (please be exact). Page 5 of 9 i• 00 5. The property is owned by �� d 6C� !� • t� i C ��S as evidenced by deed from Tt�an;f C,_ Fla4aher shw c- l a4(grecorded (previous owner) in.y_n5+rz r»e no. r 6008/ 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: O p e,Q1,f.�n 7. Property Identification No.: Jb A - / - J j 8. The existing zoning of the property is: PC 9. The existing use of the property is: jJQ LO,)n�- 10. Adjoining Property: USE North va co-ni- East �"�G-�On j _ South G.O_n4- West e4LOS 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.") 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 necei oect -6(wA; (0-,(- dC-r'r_CL✓?Ce- Page 6 of 9 •� 00 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 tt�� 1' tt,�� Vt°'fi� ttIG1� � � Address A33 3 L(Cr4h Er-ed eck/LR W Oi a� I%�1- Property ID # -7& tq - / - ZZwig Address Property ID # `-7te lq 3dCs(L�- Address Property ID # :7tell �d 6� ZzmUi Address Property ID # Address Property ID #i ?�u &U'[d-ef'5 Address '7/4T Tr'e D bFriile- Ot(t1Glkester, J� ZZ(oD Property ID # '7& , -111. ' J" Address Property ID # Address Property ID # Page 7 of 9 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) dgys 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 VI�4 W—� DATE t I— L,2,1 1 I I SIGNATURE OF OWNER CA ,_) a . `�It2DATE 19-.21o`1 (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF ACTION: - DATE - APPROVAL SIGNED: DENIAL DATE: Page 9 of 9 BZA CHAIRMAN e--" rz'� Special Limited Power of Atto e County of Frederick, Virgin a FREDERICK COUNTY PLANNING & DEVELOPMI 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) 'CAA v ( cam A. (Phone) ( G 2 - 7 51 (- (Address) 2'Ll�� N • F (:"TZP- CL1 C_lL e( 14E , W 1 tj C-l-t ec,`7- L- 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. 04 oS° 5 IZS on Page _ Parcel: Lot: 31 Block: Section do hereby make, constitute and appoint: and is described as Subdivision: LZ_rS (Name) AA I Ckl N E &— M - A'LT_Z (Phone) � G 7'3233 (Address) 16 C It n'T F l c-CAT21 L44 ST , l) 114C41 STr2., 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. F In witness thereof, I (we) have hereto set my (our) hand and sea] this day of � E'oe bor, 200'7 , Signature(s) Df State of Virginia,.gitq>eounty of To -wit: a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) .*F0,signed to the foregoing instrument and who is (are) known to me, personally app ared before me a� Ad nowl edged, the same before me in the jurisdiction aforesaid this�l�' day of i ca. , 200L-. My Commission Expires: �8 7 Notary Public ALLIE BRILL (Sea'.) WiALTER BRILL —(Seal) _ State of Virginia County of Shenandoah, to -wit i I, F. L. McWilliams, a notary public in and for the County of Shenandoah, in the State of Virginia, do hereby certify that Allie Brill and Walter Brill, her husband, whose names are signed to the foregoing writing bearing date of January 22, 1946, have personally appeared before me in my county aforesaid, and ackn ledged the same. Given under my hand this 8 day of May, 1946. My Commission Expires September llth, 1948. F. L. MgWILLIAMS Notary Public VIRGINIA FREDERICK COUNTY, (SCT. This instrument of writing was produced to me on the 14th day of May 1946 at 1:00 P.M. and with certificate of acknowledgment thereto annexed was admitted to record. _,CLERK #805 _ J. H. FUNKHOUSER ET UX TO PLAT The attached plat represents a lot development known as if the Funkhouser Lots, situated along the Western side of Virginia-U. S. Highway No. 522, I otherwise known as the Front Royal Highway, about 51 miles Southeast of Winchester, in Ope.quon District, Frederick County, Virginia, and being a portion of that certain large tract or parcel of land which was conveyed to J. H. Funkhouser by W. E. Edwards, Execut r Sof the Estate of Annie S. Armel, Dec'd., and others, by deed dated September 6, 1945, and of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, j in Deed Book No. 193, page 272. Said plat correctly shows the dimensions and locations of the respective lots in said development, and is made with the full and free consent C. _ of the said J. H. Funkhouser and Katie/Funkhouser, his wife. Witness the following signatures and seals this loth day of May, 1946. J. H. FUNKHOUSER (Seal' KATIE C. FUNKHOUSER (Seal State of Virginia County of Frederick, to -wit: I, Virginia Ritter, a notary public in and for the Count of F,.oaor.;,.l, ,., +1,.. c+..; _,P 1T,- ._.., Z_ i___t __._—..__ " I r n ., .. - date of May loth, 1946 acknowledged the same. personally appeared before me in my ty aforesaid, and i Given under my hand this loth day of May, 1946. 11Y commission expires March 24, 1946. I I I VIRGINIA RITTER o ary u is b I P �+ LA T AI*WOVSE/P 1-07S AN /y allWA Y'' 1iPONTrf-OYA1, To *1NGYESTLf, , ,,v�r A. Or��at�oyD,csr,�rcrFiPEo�rc�-Go. VA. .T. Ts 54-7mmlE/P S,TTc. I VIRGINIA FREDERICK COUNTY, (SCT. This instrument of writing was produced to me on the 14th day of May 1946 at 3:00 P.1f. and with certificate of acknowledgment thereto annexed was admitted to record. h� r ,,CLERK LOT 30 m LOT 238, CANTER ESTATES SECTION 3 PHASE 1 20. W 50' BRL 10.52' 1 1.49' 28' o PROPOSED o SINGLE FAMILY r N DWELLING N 28 LOT 31 L 60' BRL LOT 31c 11 S 13' 13'46a E FRONT ROYA PROPOSED CONDITIONS FOR LOT 31 FUNKHOUSER LOTS OPERUON DISTRICT, FREDERICK COUNTY, SCAL : i" = 20' DATE: DECEMBER 20, 2004 PRESENT OWNER: DAVID A. HICKS TM #76A-1-31 IN5T. #040008125 PROJECT #20700 eA LOT 32 Artz and Asoociates, PLd A 13ubeidiary of Valley Enaineerin`, PLC LAND SURVEYING LAND PLANNING DEVELOPMENT 16 East Piccadilly St—t li'INCHESTER, VA 22601-4740 TEL 540-667-3233 FAX 540-667-9188 TOLL FREE 1-800-755-7320 100008125 co C) 7563-6108 EBY/bhb G M O N or+z 0 vi4M a aowM•rJ V.�- rr N �3: 04 . •• o N z z A o r) H • � H A KC H V] H � H W z v THIS DEED, made and dated this 0 day of May, 2004 by and between JUANITA FLETCHER SHULER-TAYLOR (formerly known as Juanita Fletcher Shuler), hereinafter called the Grantor, and DAVID A. HICKS, hereinafter called the Grantee. VKMSSETH: 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 of that certain tract or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate along the western side of U. S. Highway No. 522, about five and one-half miles southeast of Winchester, in Shawnee Magisterial District (formerly Opequon Magisterial District), Frederick County, Virginia, each of said lots having a frontage of 50 feet on said highway and extending westward with a uniform width a distance of 218 feet measured from the center of said highway. Said lots are designated lots No. 30 and 31 on the Plat of Funkhouser Lots, recorded in the office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 196 at Page 251;. AND BEING the same property conveyed to Juanita Fletcher Shuler (being one and the same as Juanita Fletcher Shuler-Taylor) by deed from Helen Fletcher, widow dated June 23, 1993 of record in the Office of the Clerk -of the Circuit Court of Frederick County, Virginia in Deed Book 799 at Page 386: Reference is hereby made to the aforesaid plat, deed of dedication, deed 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 they have 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 encumbrances; and he will grant such further assurances of title as may be requisite. WITNESS the following signature and seal: "EAL) J ANITA FLETCHER SHULER-T LOR STATE OF VIRGINIA COUNTY OF FREDERICK, To -wit: I, Bonita H. Brill, a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Juanita Fletcher Shuler-Taylor, whose name is signed to the foregoing Deed, dated this 4' day of May, 2004, have personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 4 h day of May, 2004. My commission expires November 30, 2005. i,rrrar,,, all �� • \ Notary Public lla hmrrmili" puparod by: . I Edwin B. Ywt V= Kuykendall, Mormon, McBee dr Boiler, P LC. 112 Sowh (lmeran Sueal wtech"ler, Virginia 22601 (540) 662 146 Cr\BPDDCB\Deed@\hacka2199..p4 V1RUIMA: FREDERICK COUNTY, SCT. This instrument of writing was produced to me on and with certificate of acknowledgement (herero annexed_` wass Admitted to record. T imposed by Sec. 58.1-802 of $ " • , and 58.1-MI have been paid, if assessable 2 Clerk T 1 z COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING February 1, 2005 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #09-04 OF DAVID HICKS On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, February 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 #09-04 of David Hicks, presented by Artz & Associates, for a 40 foot side yard variance, on both sides. This property is located in the 2200 block of Front Royal Pike (Route 522), on the west side. The subj ect property is identified with Property Identification Number 76A-1-31 in the Shawnee Magisterial District. Any interested parties having questions or wishing to speak may attend this hearing. A copy of the application will be available for review at the Handley Library or the Bowman Library the week of the hearing, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, IVlark R. Cheran Zoning and Subdivision Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is o certify that the attached correspondence was mailed to the following on c /k �— from the Department of Planning and Development, Frederick County, Virginia: David A. Hicks 2333 N. Frederick Pike Winchester, VA 22603 Artz & Associates, PLC 16 E. Piccadilly St. Winchester, VA 22601 William G. Busko 186 Briarwood Lane Winchester, VA 22603 Frederick County School Board 1415 Amherst St. Winchester, VA 22601 Philip Sommer & David Lake 114 Callaway Ct. Stephens City, VA 22655 Zoning & Subdivision Administrator Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICI a Notary Public in and for the State and County aforesaid, do her y certify that Ma& R. Cheran, Zoning & Subdivision Administrator, for the Departm e It of Planning and Development, whose name is signed to the foregoing, dated D S , has personally appeared before me and acknowledged the same in my State an County aforesaid. 21 Given under my hand this day of 01015— My commission expires on NOTARY P16bLIC fi R t W e-E -* 61'6 v raj i�i�'S 13. Additional comments, if any: .gyp/ TU: Karnara - vata Processing FROM: Rev - Planning Dept. Please print sets f labels by: �- e THANKSIII 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: RF- �] Address ,233 3 NCB- `l-h R-eda-i dL'P Wk. � Property ID # 7& G4 - t - I� K Address (5 Ip�CiCo n Lcy-A) Pro e ID # _ P rtY -7 Le lq _- -r2c�et - 00z' k,, Savo � 3o Zd- Address `i 65- er -� biT-Ce . i "Chg 4er 09 Property ID # -7Le j - 90 it zzjom Address Property ID # Address Property ID # �Gd- Address ire i�i � es+er. lA ZZ6a Property ID # -7& - - 3 - a3u Address Property ID # Address Property ID # Page 7 of 9 M -*A' COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING January 4, 2005 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #09-04 OF DAVID HICKS On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, January 18, 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 #09-04 of David Hicks, presented by Artz & Associates, for a 40 foot side yard variance, on both sides. This property is located in the 2200 block of Front Royal Pike (Route 522), on the west side. The subj ect property is identified with Property Identification Number 76A-1-31 in the Shawnee Magisterial District. Any interested parties having questions or wishing to speak may attend this hearing. A copy of the application will be available for review at the Handley Library or the Bowman Library the week of the hearing, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, 1 �era ark n Zoning and Subdivision Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 :S This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: 76A -1- 31- HICKS, DAVID A 2333 N FREDERICK PIKE WINCHESTER, VA 22603.4135 Artz & Associates, PLC 16 E. Piccadilly St. Winchester, VA 22601 PLI . 76A - 1- - 32- BUSKO, WILLIAM G 186 BRIARWOOD LN WINCHESTER, VA 22603.4405 76 - A. - 90-A FREDERICK COUNTY SCHOOL BOARD i 1415 AMHERST ST WINCHESTER, VA 22601-3009 76B - 1- 3- 238- SOMMER, PHILIP W & LAKE, DAVID 114 CALLAWAY CT STEPHENS CITY, VA 22655.4837 Mark R. Cheran Zoning & Subdivision Administrator Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDE a Notary Public in and for the State and County aforesaid, do Vreby certify that Maa R. Cheran, Zoning & Subdivision Administrator, for the Department/of Planning and Development, whose name is signed to the foregoing, dated j N 06 , has personally appeared before me and acknowledged the same in my State and County aforesaid Given under my hand this My commission expires of • • • • LOT 238, CANTER ESTATES SECTION 3 PHASE 1 20" w 50' BRL 10.52' 1 1 11.49' I 28' I o I PROPOSED CD SINGLE FAMILY LOT 30 DWELLING LOT 32 N oho I 28' LOT 31 to (N I Z L I 60' BRL LOT 31 Q n11 cc: 5 1,5-13 46 E SU.UU FRONT ROYAL PIKE PROPOSED CONDITIONS FOR LOT 31 FUNKHOUSER LOTS OPEQUON DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: = 20' DATE: DECEMBER 20, 2004 PRESENT OWNER: DAVID A. HICKS TM #76A-1-31 INST. #040008125 PROJECT #20700 f�' PST H OF ti MICHAEL M. ARTZ ➢ No. 1951 t-7, 6&yO SUR"XIO Artz and AssociateH. PLd A Rubpidiary of Valley EnQineerinQ, PLC LAND SURVEYING LAND PUNNING DEVELOPIAENT 16 East Piccadilly Street WINCHESTER, VA. 22601-4740 TEL 540-667-3233 FAX 540-667-9188 TOLL FREE 1-800-755-7320 p�c��od�n FRE .'ERICK COUN' Y PLANNIPdG & DE 'A IENT 00 7563-6108 EBY/bhb m a .-i U O ro -H ko I S-1 N e--I Ul N { 'C3 w r- C4 ca .0 O a a �4 4J 0 M O W Ln4M R 00WM•H r-- N :r ••oN 2 z A o A E-H A H La enz oa U H Q 040008125 sow THIS DEED, made and dated this 0 day of May, 2004 by and between JUANITA, FLETCHER SHULER-TAYLOR (formerly known as Juanita Fletcher Shuler), hereinafter called the Grantor, and DAVID A. HIM, hereinafter called the Grantee. VKMSSETH: 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 of that certain tract or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate along the western side of U. S. Highway No. 522, about five and one-half miles southeast of Winchester, in Shawnee Magisterial District (formerly Opequon Magisterial District), Frederick County, Virginia, each of said lots having a frontage of 50 feet on said highway and extending westward with a uniform width a distance of 218 feet measured from the center of said highway. Said lots are designated lots No. 30 and 31 on the Plat of Funkhouser Lots, recorded in the office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 196 at Page 251;. AND BEING the same property conveyed to Juanita Fletcher Shuler (being one and the same as Juanita Fletcher Shuler-Taylor) by deed from Helen Fletcher, widow dated June 23, 1993 of record in the Office of the Clerk -of the Circuit Court of Frederick County, Virginia in Deed Book 799 at Page 386:. ,Reference is hereby made to the aforesaid plat, deed of dedication, deed 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 they have 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 •0 00 P- PMv� 1 D DEC 2 1 FREDERICK COUNTY PLANNING & DEVELOPMENT 00 !0 encumbrances; and he will grant such further assurances of title as may be requisite. WITNESS the following signature and seal: -A&Yzt�,zez/;�_ "EAL) J ANITA FLETCHER SHULER-T LOR STATE OF VIRGINIA COUNTY OF FREDERICK, To -wit: I, Bonita H. Brill, a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Juanita Fletcher Shuler-Taylor, whose name is signed to the foregoing Deed, dated this 4' day of May, 2004, have personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 4' day of May, 2004. My commission expires November 30, 2005. +III//,Il, ee i 1 �e• •v°�. �. Notary Public •f tjliost.rmfjv preperodby: Edwio B. You •Us Kuykendsll, Johiuton, McKee dt Bullet. P LC. 112 South Oemetoo stteei Wfechestet, vksuis 22601 (540) 662 3486 c,\Ilro0ce\Dead.\hLck.2198.vpd t VIRUINIA: FR£DERICK COUNTY, SCT. This instrument of writing was produced to me on 15-s _O Y at /XIA• and with certificate of acknowledgement thereto annexed_ wass admitted to record. T imposed trySec. 38.1-8D2 of $ �0 , and 58.1-Ml have been paid, if assessabler tj Clerk 0! 00 L :113D �vl PI gvIP�G FlC) ij�NNTy ar_ n„ pcC11 wE Document Approval Form DEC 2 1 1 0 I FREDERICK COUNTY PLANNING & DEVELOPMENT PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IMF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED. INITIALS Candice David Mark Susan Eric COMMENTS: DATE & TIME R�� eceived by Clerical Staff (Date & Time): �5 2-. Oy `� ' LTUY S REQUESTING AGENT: DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY, VIRGINIA GIS, MAPPING, GRAPHICS WORK REQUEST DATE RECEIVED: REQUESTED COMPLETION DATE:: Department, Agency, or Company:_ Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROJECT: FAX: DESCRIPTION OF REQUEST: (Write additional ��ormat-ion-on-b.ack-ofre.q-ues.t)--- V-14 le 1jq1UCZ_- f6 V L�-6 Try 0,t) M 0 L H cCKs P,7- AJ DIGITAL: PAPER:- FAX: E-MAIL:- SIZES: COLOR: BLACK/WHITE: NUMBER OF COPIES: STAFF MEMBER: HOURS REQUIRED: COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: AMOUNT PAID: CHECKNOS. Frederick County GIS, 107 North Kent Street, Winchester, VA22601, (540)665-5651)