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06-05 Lawrence Plasters Current Setbacks Not Applicable - Back Creek - Backfile
s o ( ... 1.:i23q:ki4,. •' '�;�'!ltF4d�fi!'` \ c BOARD OF ZONING APPEALS Variance Request Tracking Sheet Date: File opened a� n� Reference Manual updated/number assigned D-base updated B&W location map requested from GIS `-I S T 7 Two sets of labels requested from Data Processing A5r05' File given to Renee' to update Application Action Summary MEETING DATE: s FINAL ACTION: � j I CLOSE OUT FILE: 7 6 Approval (or denial) letter mailed to applicant/copy made for file 1 File stamped "approved", "denied" or "withdrawn" 3- ,� © Reference Manual updated 4 I /� Lo D-base updated 05 File given to Renee' for final update to Application Action Summary �1 WBev\Common\Tracking sheets\BZA Tracking.bza Revised 05/25/01 -/a 1/0 FILE COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 March 17, 2005 Mr. Lawrence Plasters 640 Back Mountain Road Winchester, VA 22602 RE: VARIANCE REQUEST #06-05 Dear Mr. Plasters: This letter is to confirm that the above -referenced application was approved by the Board of Zoning Appeals at their meeting on March 15, 2005. Your request on parcel bearing Property Identification Number 69A01-30-10 was for a 25 foot front yard variance, a 25 foot rear yard variance and a 40 foot left and right side yard variance. The property is located on Aster Trail, in the Back Creek Magisterial District. If you have any questions regarding this action, please feel free to call this office. Sincerely, Zvlar 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 0 • VARIANCE APPLICATION #06-05 LAWRENCE PLASTERS Staff Report for the Board of Zoning Appeals Prepared: February 28, 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: March 15, 2005 - ActionTlendiPg.- - LOCATION: Off of Wardensville Grade (Route 608), right onto Capon Springs Trail, right onto Aster Trail, and third lot on the right. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER(S): 69A01-30-10 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: Vacant East: RA (Rural Areas) Use: Vacant West: RA (Rural Areas) Use: Vacant VARIANCE REQUESTED: The applicant is requesting a variance of 25'front and rear, and 40' left and right 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 #06-05, Lawrence Plasters February 28, 2005 Page 2 STAFF COMMENTS: This property was created in 1970 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-1 (Agricultural Limited) in 1967. The property setback lines at the adoption of the zoning ordinance were 35'front and 15'sides. Frederick County amended its Code in 1989 to change the rural zoning districts to the current RA (Rural Areas) zoning district. The current setbacks for property in the RA zoning district abutting lots with residential use are: 60'front, 50'rear and sides. STAFF CONCLUSIONS FOR THE MARCH 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 25' front and rear, 40' left and right sides of this property. Should this variance be granted, the building setbacks for this property would be: 35' front, 25'rear and 10'sides of the property It appears that this variance meets the intent of the Code of Virginia, Section 15.2-2309 (2), and this request for a 25'front and rear, 40'left and right sides variance from the current setbacks of the RA zoning district may be justified. i m 1 m r q mv 11k, FRALEY, CHARi;01E9. 444 ►1 _ P s 1 �N � � 4VP �• 1 o yp� k , '((1 C � N � T N �: 9C ., Y � 5 � 1 ♦ , ,�, Z m r.CH,D,SON, WILLIAM E SR api y m �69 1 8A . N' Y CINCINNATUS CORP. .69 1 1A o � i q� a•c9 :. 2£n v t O an �z a -"`• Wattle o.., HORTON, MLLM J & BRADLEY Jlo - F\P�tOli,���p o t7P` HORTOr MLLIAM J &BRADLEY J o �R, '' 'r � , �e � A ,tiA •• R4 69A 231 1 JACIMN. HAZEL VAR #06-05 N Lawrence Plasters ( 69A -130 -10) w E s Feet \ . y � � $\ TO%\ &¥ _� _ Es t � � \ $\ \ . Q \ \\ NICHOLSON, WILLIAMra omNNAT m CORP. e , _ ` 06 \\ I\ � �r af\a _�J « � �� � ter,+_@&_me mm, k r �#.L ®t e „< 0 ! VAR %O§.O§ x s Lawrence Plasters {§§A.13O.1O) ¥ y w ® • �� �� 0 y of prede'ic^ 31:130G 120I7 00:7 NOMBER: 0003695 - 2304 ester VA 2260L �S3CI 2000 APPIIC471CN DATE! 4/15/2004 ISSUA$C[ DA70 E L 3A7E- WANE/ADDRESS ADDRESS COWRACTDR NAXE/ADD9ESS Kevir O��ER m1ocx Trail 4rum --all ster. VA 22602 . -ot 21 00000 540-877-1017 �HONE� OUNTO, 21593 DESCRIPTION OF CO3TR&C71GN LOCATIGW P NO.: 69A 132 121 LOT/ 121 BLOCK; SEXl2�/ 32 Bi:� yT.i __________________________________________________________________________________________ ___________ CKS. HEALTH PERMIT N].� 0377137: - r�.l �`� T; 40' BACK; 13E' TLOODPLAIN: SU3-DIV�SI�`t �-�--����� ./`�= "-,,� T: 26' LEFT: 26' AREA/ Shawnee:anzf� ZONE: Recr'.`v .1:7' no, � FR7GE. RIGHT-OF-WAY; S/[ CUP NO.: E:7E PIK/ RE7IQ3 7C SITE: Take Route 50 West. left an Wardersvilk Grade, Rignt on Cam Sorims Trail, onrough blue gate. 1st road to the left, Lek on Arun Trai:. house is on the :eft. | map 3oox :52. 6-2 �� UP/ Use Grouo ^R" Resideotiaf USE CDDE: Single Family Dwel:in0 ?0 New tA7URF/WRQ Sirqle Family Dwelling _________ 3W:LDI%G 40:7 1ZE 28 X 48 0 STORIES 1 � BEDROD�S 2 F- CRANLSPACE 707AL A RM 4 10. Footing Foundation �al�s �eacer PT Emoke Det. Egress COVERED FRONT PORCH 8X48 07E 'MASONARY FIREPLAC]. �O2 _________________________________________________________________ | :OB VALVE: 40.00O.00 SQ FEET: 1344 0BATYR04 1:0- =lr. Joist Roof Syst. --------------------------------------------------------------------- PERM7 FEE: 261.23 1 I nereby agrae to como:y with all orovisions of the Virginia iarge 1 4,57 | nifo,m Statewide Duilding Code and the Zoning & Subdivisiu � | Ordinances as adnoted by the County Of Frederic^. holicant (signature) DATE ' � SURVEY 67ANDARDS REQUfREO? ItAk Boyleind, --m-0 Am DATE YE3 NO YES [N-[IAi ----------------------------------- • • APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGMA 1. The applicant is the owner .11 other 2. APPLICANT: NAME: /2141Ffel ADDRESS (VO 1.746k /1IFT/. ,f o 41) k/ iN cif-�17',�.e 114 2 L6 02- . (Check one) OCCUPANT: (if different) NAME: ADDRESS: TELEPHONE: �Syo� $ 77 - F IV2 TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): W/fr- TO 6 /� Jo very !'Jhlc# 6/06 a)11C,41 10C4/�9 oF.�fv�� 4 lr�� (�i N/cN /r C � � ✓� L 1T� k � /� /Ctf/T o w Cat �o.v /'� ��,r/�I �i,'.Q/� , /��k.�- Lo0' 4. The property has a road frontage of /0 () feet and a depth of Z o Q feet and consists of /A acres (please be exact). 2-0300 S�. �cT Page 5 of 9 0 • 5. The property is owned by as evidenced by deed from N,4yn/f /'v V-N-9-t recorded (previous owner) indeed book no. 8,f 0 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: 1 A[. K C 4 fx_ 1,c� 7. Property Identification No.: (� � 4 d / - 10 - / 0 8. The existing zoning of the property is: X' 4 ,PAS/,� 1y71-4 e- 9. The existing use of the property is: d1,4C 41✓7- 10. Adjoining Property: USE ZONING North V 4" ^.10- 11C4 East .CA South 44 West C 4-,1T XA 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.") v k)#14# 4,6e /- V C_A. 0 12. List specific reason(s) why the variance is being sought in terms of: - exceptional narrowness, shallowness, size or shape of property, or yAS Co Ira- i4c*J Rr r vAF- 0w q /moo Fv- LOr: exceptional topographic conditions or other extraordinary situation or condition of property, or the use or development of property immediately adjacent thereto L (J "t n .✓ T /f U /L nys/u /'�f'il L O f' ti /�it� /�/� v A ��R.4 iG' /J qP� ✓) 2 - /- Lg t �-J /dyr.c .q O V D'H/1 o p C / `l S-04 '� f .e,!54+Q Page 6 of 9 SAc"q Oco c J, S \ — ,c�c.�.�.4�y SAf�T �S000 clfq.✓�,�c� �� co r- �Z 6 0� o•� Lov— 13. Additional comments, if any: — ;�GF���` ��✓/J ,�ycc oJ�� e CL-or� Teti` /� ,2005 A rl n -At 4 -- w , i W 4 /J 7-olAlIti c, 141eo r-i 1 r rig/ . 0-11 J5E o' -'54cAl y0v 7-0 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 41V _ f C/O C ✓ S q✓ iF. �� �G 9.✓EJ Address ov� ,viF�✓ �3 i� w'D o O s "C /'0 4 ✓�g 2� Property ID # Q � - 0 - 0 S lk[ Address / '` Hq "�•c 1 V144-< Property ID #- /�AU� Sc. SN��FF�M�✓ Address s v 9 f Z SS Property ID # 4 0 / Address �L-7 n/ L,✓ w , ' /t, ro ^' o L�FOh'Q��H�wA/'c+s� Lf Property ID# x Q/ Is 9S y 9 817 L o a Address Property ID # Address Property ID # Address Property ID # Address Property DD # Page 7 of 9 • 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 AGREEMENT VARIANCE # 6 6 - 05— (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 ofmy k..�..,, .ar . ,...,,. SIGNA DATE SIGNA -OFFICE USE ONLY- BZA PUBLIC HEARING OF 6- 0 ACTION: -DA - APPROVAL SIGIL• !/��kcb�� (— BZA HAIRMAN DENIAL DATE: 3 hs- las- Page 9 of 9 0 County of Frederick Setback Report PERMIT NUMBER: 0000195 - 2005 Winchester VA 2260 USBC: 2000 LIES; AGENT: APPLICATION DATE: 1/25/2005 ISSUANCE DATE: RENEWAL DATE: DATE; 1/27/2005 OWNER NAME/ADDRESS SITE ADDRESS CONTRACTOR NAME/ADDRESS PLASTERS, LAWRENCE E OWNER Aster Trail 640 BACK MOUNTAIN RD Lot 10 00000 WINCHESTER, VA 22602 PHONE: 540-877-9443 PHONE: RE ACCOUNT#: 21442 DESCRIPTION OF CONSTRUCTION LOCATION TAX MAP NO.: 69A 130 10 LOT: 10 . BLOCK: SECTION; BLDG NO.: ------------------------------------------------------------------------------------------------------------------------ SET-BACKS: HEALTH PERRMIT NO.: DISTRICT: BACK CREEK FRONT: 40' BACK: 130' FLOODPLAIN: SUB -DIVISION: RIGHT: 25' LEFT: 25' AREA: Round Hill ZONE: Rural Areas CNTR : FRTGE: RIGHT-OF-WAY: S/E CUP NO.: SITE PLAN: DIRECTIONS TO SITE: Rt. 50W to Rt. 614, Rt. 600 intersects with Rt. 608, 4 miles on Wardensville Grade, will be right on Capon Springs Trail, 400 feet, right on Aster Trail, lot on right, 3rd lot in. Map Boob: USE GROUP: use Group "R" Residential USE CODE: Single Family Dwelling CNST.TYPE: New NATURE/WRK: Single Family Dwelling --------------------------------------------------------------------------------- Setback Report * MINIMUM * SETBACKS * FRONT 35' * RIGHT 10' * LEFT 10' SQ FEET: a� BACK 25' -7 ---------------------------------------------------------------------------------------------------------------------- jOB VALUE: ---------------------------------------------------------------------------i PERMIT FEE: i SURVEYOR INFORMATION i I I NAME; FRONT: BACK: I DATE OF SURVEY: RIGHT: LEFT: SEAL I I I i I i I TOTAL FEES: { i ---------------------------------------------------------------------------I REQUIRED SIGNATURES Count of Frederick, Virg9iia � INSPECTIONS DEPARTMENT BUILDING PERMIT THIS CARD MUST BE POSTED ON THE JOB SO IT CAN BE SEEN FROM THE ROAD Protect From Weather This PERMIT is issued for construction in accordance with the provisions of the VIRGINIA UNIFORM STATEWIDE BUILDING CODE Permit Number / 9 5'o S Owner (G Location Date Type Buildinid)Lg4L-t wl QA,c/! e/l INSPECTIONS Contractors, Erectors, or Owners of buildings or structures must notify the Inspector at the following points of construction, and they shall not proceed beyond these points until the Building Inspector has inspected and approved the work. Inspectors Failure to call for inspections constitutes A VIOLATION OF THE LAW. Initials o.k. Date 1.) FOOTING INSPECTION: Call for footing inspection after the footings have been excavated, any forms and steps have been constructed, any reinforcement has been installed and grade pins have been set prior to placing any concrete. 2.) FOUNDATION INSPECTION: Call for foundation inspection after, foundation walls have been constructed and waterproofed, anchor bolts have been installed, prior to doing any backfilling. 3.) SLAB INSPECTION: Basement and floor slabs, poured concrete foundation walls, and any self supporting slabs must be inspected to ensure placement of vapor barriers and reinforcements, or contraction joints 30' on center. 4.) FRAMING INSPECTION: Call for framing inspection after all framing, firestopping, rough plumbing, electrical, masonry, including fireplaces and chimneys are complete and prior to concealing same. 5.) INSULATION INSPECTION: Call for insulation inspection after insulation is installed. 6.) FINAL INSPECTION: Call for inspection when structure is complete and ready for occupancy. 7.) OTHER INSPECTION: In addition to the called inspections above, the Building Department may make or require any other inspection to ascertain complaince with the Code. 8.) Call for plumbing and electrical inspections as needed and prior to concealing same. To schedule any of the above listed inspections please call 665-5650. MECHANICS LIEN AGENT INFORMATION Name: S ' / Address: Building Official/Inspector Phone Number: NONE DESIGNATED REGIONAL SALES CONTRACT This SALES CONTRACT ("Contract") is made on February 11 2005 ("Contract Date") between Daniel W. Burrier ("Purchaser") and Toospruce Construction L. L. C ("Seller") who hereby confirm and acknowledge by their initials and signatures below the prior disclosure that in this real estate transaction Keller williams Realty ("Listing Company") represents the Seller, and Keller Williams Realty ("Selling Company") represents 9 the Purchaser OR ❑ the Seller. The Listing Company and Selling Company are collectively referred to as ("Broker"). (If the brokerage firm is acting as a dual representative for both the Seller and the Purchaser, then the appropriate disclosure form is attached to and made a part of this Contract.) 1. REAL PROPERTY. The Purchaser will buy and the Seller will sell for the sales price ("Sales Price"), the Seller's entire interest in the land (with all improvements, rights and appurtenances) described as follows: TAX Map/ID # 69 A 01-30-10 Legal Description: Lot(s) lot 10 Aster Trail Block/Square Section 30 Subdivision or Condominium Shawneeland , Unit # Parking Space(s) # all County/City Winchester . Deed Book/Liber Page/Folio # Street Address: Lot 10 aster Trail - Shawneeland State VA Zip Code 22603 ("Property"). 2. PERSONAL PROPERTY, FIXTURES AND UTILITIES. The Sales Price includes the following personal property and fixtures: A. Any existing built-in heating and central air conditioning equipment, plumbing and lighting fixtures, sump pump, attic fans, storm windows, storm doors, screens, installed wall-to-wall carpeting, window shades, blinds, smoke and heat detectors, tv antennas, exterior trees and shrubs and, B. The items marked YES below as currently installed or offered. YES NO YES NO E ❑ Stove or Range ❑ M Disposer ❑ M Cooktop ❑ M Freezer ❑ M Wall Oven(s) # _ ❑ M Window Fan(s) # _ E ❑ Refrigerator(s) # 1 ❑ , M Window A/C Unit(s) # _ M ❑ w/ Ice maker(s) # _ ❑ M Pool, Equip. & Cover E ❑ Dishwasher ❑ M Hot Tub, Equip. & Cover E ❑ Built-in Microwave ❑ M Satellite Dish & Equip. ❑ E Trash Compactor ❑ E Window Treatments Other: YES NO YES NO E ❑ Ceiling Fan(s) # 2 ❑ M Alarm System ❑ E Washer ❑ E Intercom ❑ E Dryer ❑ E Storage Shed(s) # ❑ E Furnace Humidifier E ❑ Garage Opener(s) # 2 ❑ E Electronic Air Filter E ❑ w/ remote(s) # 2 ❑ E Central Vacuum ❑• E Playground Equipment ❑ M Water Treatment System ❑ E Wood Stove E ❑ Exhaust Fan(s) ❑' E Fireplace Screen/Doors WATER, SEWAGE, HEATING AND CENTRAL AIR CONDITIONING: (Check all that apply) Water Supply: ❑ Public M Well 1 Hot Water: ❑ Oil ❑ Gas M Elec. ❑ Other Sewage Disposal: ❑ Public M Septic # BR 2 Air Conditioning: ❑ .Oil ❑ Gas E Elec. ❑ Heat Pump ❑ Other Heating: ❑ Oil ❑ Gas M Elec. gl Heat Pump ❑ Other 3. EQUIPMENT, MAINTENANCE AND CONDITION. The Purchaser accepts the Property in the condition as of the Contract Date except as otherwise provided herein. The Seller warrants that the existing appliances, heating, cooling, plumbing, electrical systems and equipment, and smoke and heat detectors (as required), will be in normal working order as of the possession date. The Seller will deliver the Property in substantially the same condition as on the Contract Date and broom clean with all trash and debris removed. The Purchaser and the Seller will not hold the Broker liable for any breach of this paragraph. 4. PRICE AND FINANCING A. Down Payment B. Financing 1. First Trust 2. Second Trust 3. Seller Held Trust - addendum attached TOTAL FINANCING SALES PRICE ?�� I oc . .- 011 Regional Sales Contract - 9/99 K1261 Page 1 of 6 Please initial: Purchase[ lv_ / Seller / Keller Williams Realty 611 W. Jubal Early Drive Winchester, VA 22601 Phone: (540) 665 - 2200 353 Fax: (540) 535 - 1041 Amanda Slate Daniel Burrier Produced with ZipFormT" by RE FormsNet, LLC 18025 Fifteen Mile Road, Clinton Township, Michigan 48035, (800) 363-9805 A/ 7a' 0,9 ' E " /8� " n " /7 /6 /00/00' /00' /CC, t..- �, y Hai `+I► 1. S - 701010'- w Vi AS TER TRAIL � N' 78'00'-E a /00' t� c" Q !. M �7Q q / 8 F8 O.18 $F NI 6d' 00' /00` /oa' ---- s-7g-oo- w -f 9/37 ACRES /NCLUD/NG T.4q/LS AS SHOWAI, FREDERICK COUNTY HEALTH DEP ,,TMENT LOTS APPROVED Old .AN A q IINNDDIIVIDUAA BASIS ONLY i-. �'%vILT/ 6_y A4_ SANITARIAN DIRECTOR /p � 1 1 I HEREBY CfATIFY THAT THE PLAN '.SHOWN HI-REON I5 CORRECT; THAT IT IS A SUODIVIFION OF PART OP THAT LAND LONVE.YED BY RCiHERT CONE WIL.LIAM ; AND JUSEPHINH A. WILLIAMS, HIS WIPE TO MARJE::, INC. BY ufrD D TED DUNE i9 1955 ANO Rr.I UHDE.! IN bEEV HOOK $42 PAGE 26 OF THE r_AN0 RE i. O"I;_: Ur F EDERICK COUNTY, IIIPIN3A f'jo THE I E'rlTY CORNER. : qi IN P111 i A 9H ql: DATE: Ei-,S-70 C Darrell aF+, ` ----- CertiflF .and Surveyor Viralniel .erttflc atl. OW111ZRS CZ RT/F/CA TE .;Wd, MARJEC, INC. A MARYLAND CORPORATION HY DON R. L.AMPORNr, rRF-'II,FNT, 311 1N A,+^n'^,•. _ . 4N',` �. L.:' _ 11'. il,'i. Ir _ . ;Lit-,. T THE 00... ... . CficNTY, VTRGINIA nR THE VI HII�HIAAYS TO INCOaPiiRAi; -' HL'PEON INTO THE HICF,.utY .Y`'ri M ' PFIOPI+IETORS fE LOT UW7ER HAVE I1 IMPROVEMENTS TO THE SPFCIFICATION" ;Ili VTRGINIA DEPARTMENT OF HIGHWAY'. THIS 1IJBDTVISInN I� WITH H' r f AND IN AC LURVANCE WITH Tr E E ;IPI .T. Df'N i. InH AMC TRIISTErL r,ISNF Ei Ht rf7 Tt E �; AP, SEGRii,. f V*, P , ,r, . Y. MON1 I?^ AND J( !jEPH A Mt , IE p ) WHLN -.A\ 3I7sN FOR ASSF f. DATE: %-9--20: MARJ1L: IN_E. 411 ;If"L Hy ASSENT -,I1 P.'T`, Pi ii;d; F! NA L PL A T ENON SPP, //VG S PL A .c Q, E C T/ ON 30 L O CA TEO ASO U 7' /o lwlz E s w,—s T' 0f' IN//VCh�ES 7-ER BA CK C R,6EK O/ S TR / C T f �4EOER/Cf� COUNT y, d//RG 1N/A 11--moJE-1 CERTIFIED MAIL February 23, 2005 Mr. Lawrence E. Plasters 640 Back Mountain Road Winchester, VA 22602 RE: Lot 10, Duck Run, Tax Map Number 69A-1-3 0-10 Dear Mr. Plasters: COUNTY of FREDERICK Inspections Department John S. Trenary, Building Official 540/665-5656 Fax 540/678-0682 ' r F E S 2 5 2005 'ERICK COUNTY DEVELOPMENT This office received a letter from the Planning Department requesting a stop work order be placed on the above mentioned job, due to the wrong building setback lines being approved (copy enclosed). This is a violation under the following sections of the Uniform Statewide Building Code. Section 111.7 Functional design approval. Pursuant to S 36-98 of the Code of Virginia, certain state agencies have statutory authority to approve functional design and operation of building related activities not covered by the USBC. The building official may refuse to issue a permit until the applicant has supplied certificates of functional design approval from the appropriate state agency or agencies. For purposes of coordination, the locality may require reports to the building official by other departments as a condition for issuance of a building permit or certificate of occupancy. Such reports shall be based upon review of the plans or inspection of the project as determined by the locality. All enforcement of these conditions shall not be the responsibility of the building official, but rather the agency imposing the condition. 120.1 Stop Work Order; Notice to owner. When the building official finds that work on any structure is being executed contrary to the provisions of the USBC or any pertinent laws and ordinances or in a manner endangering the general public, an order may be issued to stop such work immediately. The stop work order shall be in writing. It shall be given to the owner of the property involved, or to the person doing the work. It shall state the conditions under which work may be resumed. No work covered by a stop work order shall be continued after issuance, except under the conditions stated in the order. 107 North Kent Street • Winchester, Virginia 22601 • 0 Plasters Letter Page Two This letter is to serve as a official stop work notice. No work is to proceed until the setback issues have been resolved and confirmation of approval is given by the Planning and Development Department. Please be aware that the above is subject to appeal under Section 106 of the Uniform Statewide Building Code. Sincer ly, - ;, A P John S. Trenary, C A Building Code Official cc Mark R. Cheran, Zoning Administrator COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 TAX: 540/ 665-6395 February 23, 2005 Frederick County Inspections Department Attn: John Trenary Frederick County Building Official 107 N. Kent Street Winchester, VA 22601 RE: Stop Work Order for Zoning Violations Dear John: This letter is to inform you that a building" permit has been issued with the wrong building setback lines (Permit 195-05). I am requesting a stop work order be issued for this permit. The applicant is in the process of abating this violation Please contact me at (540) 665-5651 regarding any questions that you may have. Sincerely, I R.erai Zoning Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 • • /�i9Ct Z oJ= Z Health Department Identification Number 06q O `j /l f .thematic drawing of sewage disposal and/or water supply system and topographic features. Show the lot lines of the building site, sketch of property showing any topographic features which may impact on the design Qf the well or sewage disposal system, including existing and/or proposed structures and sewage disposal systems and wells within 200 feet. The schematic drawing of the well site or area and/or sewage disposal system shall show sewer lines, pretreatment unit, pump station, conveyance system, and subsurface soil absorption system, reserve area, etc. When a nonpublic drinking water supply is to be.permitted, show all sources of pollution within 200 feet. O The information required above has been drawn on the attached copy of the sketch submitted with the application. Attach additional sheets as necessary to illustrate the design. 200 76 5' 25 I I I I I I I I I I I I I 100 I 200 KEEP DRAINFIELD 5'+ FROM PROPERTY LINE SHALLdW PLACED LP RESERVE AREA 25 BY 70 PROPOSED WELL 5' FROM PROPERTY LINES INSTALL 6-85' DITCHES ON CONTOUR KEEP HOUSE 20'+ FROM RESERVE AREA AND SEPTIC TANK AND 50'+ FROM WELL, KEEP WELL 50'+ FROM ALL DRAINFIELD COMPONENTS AND HOUSE, This sewage dosal system and/or water supply is to be constructed as specified by the permit -or attached plans and specifications . This sewage disposal system and/or well construction permit is null and void if (a) conditions are changed from those shown on the application (b) conditions are changed from those shown on the construction permit. No part of any installation shall be covered or used until inspected, corrections made if necessary, and approved, by the local health department or unless expressly authorized by the local health dept. Any part of any installation which has been covered prior to approval shall be uncovered, if necessary, upon the direction of the Department. Date: 9 LO Issued by: This Construction sanitar Permit Valid until Date: 5� Reviewed by: o7—lg—Get Supervi ory anitarian --------------------------------------------------------------------------------------------------------------------------------------- If FHA or VA financing it NAS SIC AwR SNARq II A fiO�M[YS Ai iiw wIM CMIR t�. YlaGl n l� II #1 8 MARJEC, INCORPORATED DEED OF DEDICATION ************************ BOOK 367 PACE 583 THIS DEED OF DEDICATION, made and dated this 13th day of July, 1970, by Marjec, Incorporated, a corporation organized and existing under the laws of the State of Maryland and licensed to do business in the State of Virginia, which is ` the land owner in those four (4) certain plats and surveys, to -wit: Plats 1 and 2, Section 30, Shawnee Land, dated June 5, 1970, and Plats 3 and 4, Section 30, Shawnee Land, dated June 30, 1970, all of which are drawn by Darrell E. Rodgers, Certified Land Surveyor, and attached hereto and made a part of this deed of.dedication. WHEREAS, the Board of Iirectors of Marjec, Incorporated by its Charter and By-laws, has authority to buy, subdivide and sell real estate; and, WHEREAS, the Board of Directors of Marjec, Incorporated on Motion duly made, seconded and passed at a regularly called meeting for this purpose, by its consent and authority has approved the aforesaid plats for the subdivision of its land lying and being situate about ten (10) miles Southwes of Winchester, Virginia, in Back Creek Magisterial District of Frederick County, Virginia, a-d designated as follows: "Plat 1, Section 30, Shawnee Land", containing lots 1 through 7, and 18 through 24, fronting on Abelia Trail and Capon Springs Trail; "Plat 2, Section 30, Shawnee Land" containing lots 7 through 18, and fronting on Capon Springs Trail and Aster Trail; "Plat 3, Section 30, Shawnee Land" containing lots 25 through 31 and 39' through 45, fronting on Beta Trail and Capon Springs Trail; and f i i YASSI[ AAE SHARK AT-NEYS AT ur BOOK 367 PAGE 584 "Plat 4, Section 30, Shawnee Land", containing lots 31 through 39, fronting on Capon Springs Trail and Bee Trail. This is property that was conveyed to Marjec, Incorporated by deed from Robert Cone Williams and wife, dated June 19, 1956 and recorded in the Clerk's Office of the Circuit Court of Frederic k County, Virginia, in Deed Book 242, Page 26. WHEREAS, the said deed of dedication does not I include the dedication of streets, trails or rights of way set forth on said plats for the use and benefit of the public, but only as a right of way to and from said lots for the use and benefit of the lots owners and members in good standing and their approved guests, agents and invitees of the Grantor and its successors in title; and, WHEREAS, it was further resolved by the Stockholders of Marjec, Incorporated that the President and Secretary of Marjec, Incorporated be directed to executd and acknowledge:. the same on behalf of the Corporation and to see to it that it is approved by the proper officials of said County and State, and that the same be recorded by the Clerk of the Circuit Court of Frederick County, Virginia among the land books of said County. This deed of dedication to said lots is made subject to all the following restrictions and covenants which shall be deemed to run with the land for the mutual protection and benefit of all lot owners: (1) No structure or building of any kind, or construction of any sort shall be placed or constructed upon thisl, property unless and until plats and description of same shall have - 2 - MASSIE AID DNADD ATTD.x[T[ Ai lAr mxclmu. ruD1lu !ft 1 7 BOOK 367 Fnu 585 been submitted in duplicate to, and approved in writing by the Architectural Committee appointed.by the Board of Marjec, Inc., or other proprietor. (2) Except with the written consent of the Architectruai Committee, no structure, tent, outside toilet, or other living quarters, temporary or permanent, shall be placed upon any part of the property covered by this deed of dedication. The use of house trailers is not permitted in the subdivision development known as Shawnee Land. (3) Building may be of a contemporary period or modern deisgn, and may be constructed of wood, logs, stone, masonry or composition, but must be finished or painted in such a manner as not to detract from, or mar the natural beaty of the surroundings. (4) In the event a non -governmental central water system is installed, or this property is on an existing system which se vices the lot in this deed of dedication, there will be a minimum nnual front foot benefit fee of 15 cents per front foot, not to exceed 100 feet per lot. This charge will become effective only after the non -governmental water system is avail- able to the lots in this deed of dedication. (5) No outhouses shall be permitted on any part of the property. All toilet facilities must be within the main dwelling. (6) No structure may be placed nearer than twenty- i five feet from any front or ten feet from any side or rear line f 1 of any abutting property line. 3 - C� • i MASSIE AMC SRARR ATSO[X[SS AT LAM SIX [X [fT[X. 1IA4IXIA t i i f. VOK 367 P3,u 586 (7) No cabin or dwelling shall be built unless it contains a minimum floor area of 400 square feet exclusive of porches and patios, and the side nearest the:oad is at least 20 feet wise. (8) No more than one building (single family use) may be built on any one lot except on lots designated for multiple units. (9) Garages, porches and patios, carports or car shelters, if built, shall be attached to, and a part of the main dwelling. (10) No lot may be subdivided, or easements granted, without written approval by Marjec; Inc., or other proprietor. (11) Members and their guests shall comply with all existing or future Federal, State and County laws, regulations, ordinances and the like, or any duly promulgated regulations of the Board of Marjec, Inc., orits assigns. (12) No open fires shall be permitted on any .part.,, of the property. Outdoor fireplaces, if built, and all chimneys shall be provided with fire screens. (13) No building shall be used for any other,than, single family residential purposes (except on lots otherwise designated by Marjec, Inc., or other proprietor) and no offensive trade or other offensive activity shall be carried on, on said lots, nor shall anything be done thereon which may constitute or become an annoyance or a nuisance. (14) No trees over two inches in diameter shall be cut down without permission of the Architectural Committee. II - 4 - MASSIE 110 SMARR �TTOVHLT{ At Lev sooK 367 PAGE 587 (15) No signs of any. nature whatsoever shall be permitted on the property except one name sign not exceeding 6 inches in height and 36 inches in length. (16) Garbage must be keptin covered metal containers, or buried, and trash, tin cans, bottles, paper, etc. shall be kept in wire or real containers, or buried. (17) No rifles, shotgun or small arms shooting shall be permitted anywhere in Shawnee Land, except in areas reserved and designated for such use by Marjec, Inc. (18) All roads and driveways within the property Iereby conveyed are to remain private, to be used by members in good standing and their approved guests only. (19) Seller reserves a right-of-way with right of entry upon, over, across and through said lot for the purpose of constructing, operating, maintaining and repairing, pcle lines for electrical and telephone service, and other utilities, reserving to the seller the sole right to convey the rights hereby reserved. (20) All Membership Applications and Sales Contract including originals, resales, etc. are subject to the approval of the Board of Directors of Marjec, Inc., or other proprietor and the right of said Board of Directors to m fuse said contracts and applications is reserved. Membership in the Dhawnee Land Club in the subdivision development known as Shawnee Land is mandatory for all persons owning property in Shawnee Land. (21) This deed of dedication does notinclude the dedication of the streets, trails or rights of way set forth on - 5 - BOCK 367 PACE . 588 said plats for the use and benefit of th.e public, but only as a right of way to and from said lots for the use and benefit of the members in good standing and their approved guests. The said Corporation does hereby declare that it is the owner of said property and that it desires to dedicate and does hereby make this deed of dedication of said subdivision of its own free will and consent. 'WITNESS the following signatures of Donald R. Lamborne, President of Marjec, Incorporated, and its Corporation Seal hereto affixed and attested by Jean Lamborne, its Secretary, first date hereinabove written. �% v CD �z MARJEC, INCORPORATED By Donald R. Lamborne, President (Corporate Seal) Attest By: ,' Secretary U k06E �' Ln mRo A-L _ 14CC' r6C- STATE OF MARYLAND COUNTY OF MONTGOMERY, To -wit: I, N, R. SEGuiit , a Notary Public in and for the State and County aforesaid, do hereby certify t�pt D, Rom Gq uAM Bnh'.vi, � rsf• Donald R. Lamborne, and a Laflb President andASecretary oz ;'51Csspectively of Marjec, Incorporated whose names are signed to foregoing deed of dedication bearing date the 13th day of :.„,••,, y,iclly, 1970, have personally appeared before me in my County and State aforesaid, and acknowledged the same. Given under my hand this ao=day of Gas, 1970 MASSIC AND SKAAN .11 „1" •* IN 114 Ccr,�raialon [,plre2 My 1, 1114 .„... ,,,...,„�,„,. Myoommission expires �. SF-r, Notary Pudic 6 - 0 .0. COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 February 23, 2005 Frederick County Inspections Department Attn: John Trenary Frederick County Building Official 107 N. Kent Street Winchester, VA 22601 RE: Stop Work Order for Zoning Violations Dear John: This letter is to inform you that a building permit has been issued with the wrong building setback lines (Permit 195-05). I am requesting a stop work order be issued for this permit. The applicant is in the process of abating this violation Please contact me at (540) 665-5651 regarding any questions that you may have. Sincerely, ler Zoning Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 04GO22iO4 0 N N N O N THIS DEED, made and dated this/0A�day of October, 2004, by and C Ix - between WAYNE A. PUTNAM, TRUSTEE, andJOYCE C. PUTNAM, TRUSTEE, as •11 00 Trustees unaer the 11zina1z,- Aaiwi/y ?:*ust da!ed Dece1nhe,- 7, /995 parties of the o first part, hereinafter called the Grantors; and LAWRENCE E. PLASTERS, party of x� U fA cd N the second part, hereinafter called the Grantee. CD "o 3 WITNESSETH: That for and in consideration of the sum of Ten Dollars �4 ($10.00), cash in hand paid and other good and valuable consideration, receipt b b whereof is hereby acknowledged, the Grantors do grant and convey, with General Warranty and with English Covenants of Title, unto the Grantee, in fee simple, all of the following realty: 0 o 0 o All of that certain lot or parcel of land, together with all rights, C; o rights of way, privileges, any improvements thereon and M appurtenances thereunto belonging, lying and being situate in Back 0 C Creek Magisterial District, Frederick County, Virginia designated as LOT 10, PLAT 2, SECTION 30, SHAWNEE LAND SUBDIVISION, as described and set forth in the Deed of A Dedication of Marjec, Inc., dated July 13, 1970, of record in the x Office of the Clerk of the Circuit Court of Frederick County, CO7 H Virginia, in Deed Book 367, at Page 583; AND BE//I/G the same property conveyed to the Grantors herein by Deed of Gift from Wayne A. Putnam and Joyce C. Putnam, husband and wife, dated December 1, 1995, recorded in the aforesaid Clerk's Office in Deed Book 850, at Page 86. SCULLY 8 GLASS ATTORNEYS AT LAW 20 SOUTH KENT STREET NINCHESTER. VIRGINIA CD Reference is here made to the aforesaid instruments, the attachments thereto and the references therein contained for a further and more particular description of the property hereby conveyed. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty. WITNESS the following signatures and seals: (SEAL) 4WAA. PUTNAM, TRUSTEE �- (SEAL) JOY E C. P TNAM, TRUSTEE SCULLY GLASS 2 ATTORNEYS AT LAW 20 SOUTH KENT STREET NINCHESTER, VIRGINIA STATE OF MARYLAND Nutt" OF Izi 0(1� (S to -wit: I, PAAAG;�- 4 57 a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Wayne A. Putnam, Trustee, and Joyce C. Putnam, Trustee, whose names are signed to the foregoing Deed, bearing date of the/s°, day of October, 2004, have this day personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this _P5 J day of October, 2004. Notary Public My commission expires /l3i1�2006 _V4�. DANIEL A. STERN NOTARY PUBLIC STATE OF MARYLAND My Commission Expires January 31, 2006 ' w ' •, V1RCiINM' f'" EDEs._'CKCOUNI_!-" This instniment of writing was ruducx 3:Jq -�M _ anu ' S :!Cs: .jfT 't i %" 5L;.148,01 1..... .�sab SCULLY 8c1t Y K GLASS ATTORNEYS AT LAW 20 SOUTH KENT STREET A/imrwt:CTFD VIDrINIA W N S E REQUESTING AGENT: • a DEPT. OF GEOGRA RTC INFORYIATION SYSTEMS FREDEI2ICK COUNTY, VIRGINIA GIS, MAPPING, GRAPHICS WORKREQUIEST 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 information on DIGITAL: PAPER: FAX: E- SIZES: COLOR: BLACK/WHITE: STAFF MEMBER: COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: NUMBER OF COPIES: HOURS REQUIRED: CHECK NO.# ri no Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) �t -T S Vim/ . � • � �f`-�"{.�' •�S.;+r.. Z pI-0/et/j �� _oP�,es �� SAC i<�t.;,� /,� .� ;c,�✓� o1�<-1 C-:o�yT; f✓.r�0' 1�-� 13. Additional comments if any � L �� �'� 1641ct .� `✓ 0 A,L 4 ,- ✓ y F/ If 13 'rIDI.✓IIv 4 �� ,a,� -e r'i 1 w r %r / (W� 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't .•. oN�/ 1 z i9nrF c/0 C sr�i� �'. E.�G N'�1 Address Woo.1,�41.04--E o�vC �i �✓ �.�id� ✓�} 2 Z/ Property ID # -01 - 310 7-4 -l=- �� �'/S//�L L /�/✓%J '`JCS J e✓ Address Property ID # ©/ — . 0 - 69A -1- 30 w ► t p �e van 0A "I Address 1 )_ /�F_ 6+/i,c-,e G .✓ v9 fa 22.rs y ProPerty ID # C T 4 - 0 / - 3 - l S (?A -0 _. 04 Fl�.g z/ y Address �L7 f YZYIn/ <AI M, 4/t, P-o a Property ID# �' p� a v '/ 5 h 7 z 00 Address ' Property ID # Address Property ID # Address Property ID # Address Property ID # TO: Barbara - Data Processing Page 7 of 9 FROM: Bev - Planning Dept. Please prinj sets of labels by: THANKS111 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING March 1, 2005 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #06-05 OF LAWRENCE PLASTERS On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, March 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 406-05 of Lawrence Plasters for 35 foot front yard, 25 foot rear yard and 10 foot left and right side yard setback requirements due to shallowness of lot. This property is located off of Wardensville Grade (Route 608), right onto Capon Springs Trail, right onto Aster Trail and third lot on the right. The subject property is identified with Property Identification Number 69A01-30-10 in the Back Creek 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, Mark R. Cheran Zoning and Subdivision Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 0 This is to certify that the attached correspondence was mailed to the following on 3 b &S— from the Department of Planning and Development, Frederick County, Virginia: 69A-1.30-'10- PLASTERS, LAWRENCE E 640 BACK MOUNTAIN RD WINCHESTER, VA 22602 69A -1.30. 9- FEAGANES, JOHN E. CIO GUSTAVA R FEAGANES 1355 LONGVIEW DR WOODBRIDGE, VA. 22191.2301 69A - 1.30- 11- ANDERSON, MARSHALL 0 14150 PEACEFUL PL MECHANICSVILLE, MD 20659.4067 69A - 1-30. 15- SHEFTELMAN, DAVID N. JR. 132 PEWTER LN STAFFORD, VA. 22554.1517 69 -A- - 1- FRALEY, CHARLCIE B. 427 SYLVAN LN WILMINGTON, NC 28409.2815 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, d here y certify tha Mark R. Cheran, Zoning & Subdivision Administrator, for the Depart e t of Planning and Development, whose name is signed to the foregoing, dated 3 t d s , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this Z� day of 7kaAe'4 ozo ®S My commission expires on �b ���Iv2uz z::::z4 , NOTARY VI V, 13. Additional comments, if any: --• ,�'C /-�� ����'�'J %� c cf<<� �.vi �,,gco- r�,p i, ,'Cof — 7-0 ./L�'C ',i!fLL•o t--iO 6✓/7W j'CP — -,3A4-k r /3Ui1-191/4/er .,%, ,Qv✓'� n�.4/� 4 r F/ /9%� j �;in/:.�/�y .�-�O�.c,C'�/ �� w ! �F/ I�-� �— f c✓ �3ij1L/Lf 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 -T- C�#A/ T �o „S; �� /F. ��.�G ��✓E! Address-.:-- tL/:'0-4,1,k)tr-� ✓y Z� Property ID # (� -0 0 1 `j -1 _ 3v— Address ` (q/ � /� cJq �,�✓L /' L . 2 v In f Property ED c p e IW, Address I �,� �,��-� ,✓ S v 9 Property ID# 0 3— l S qA-1-36�q S' N9��c� C _ Address t�L7 �/ .J <�i 4J`roAgo Property ID# iIII CC) Address Property ID # Address Property ID # Address Property ID # Address Property ID # TO: Barbara - Data Processing Page 7 of 9 FROM: Bev - Planning Dept. Please print �, sets of labels by: 3 6-S o s THANKS111