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HomeMy WebLinkAbout08-05 Wolfgang Winzer 18' Side Yard - Gainesboro - BackfileBOARD OF ZONING APPEALS Variance Request Tracking Sheet Date: �Iglos- File opened 3 Reference Manual updated/number assigned �� /�/O D-base updated o5 One B&W location map requested from GIS Flo 4 '�G- L-4 i %a Ix xc- Two sets of labels requested from Data Processing 3.8'(95 File given to Renee' to update Application Action Summary MEETING DATE: L% / o S FINAL ACTION:P'ARI't�+.'! CLOSE OUT FILE: a S- Approval (or denial) letter mailed to applicant/copy made for file y p S- File stamped "approved", "denied" or "withdrawn" 4 �)-o OS-- Reference Manual updated y/�/0�- D-base updated `f-X -06 File given to Renee' for final update to Application Action Summary U'.\Bev\Common\Tracking sheets\BZA Tracking.bza Revised 05/25/01 A 4-4 0 0 � N O .® co O m to �j o Q O N �-+ 0> „>tn O Q x tn U��� o ^� t. O wjl DATE RECEIVED FROM ADDRESS _La 1_ • • t#W"o-WEIN-W AMT.OF ACCOUNT CASH AMT. PAID CHECK BALANCE DUE MONEY ORDER NO. 8164 DOLLARS $ �— BY ERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 April 20, 2005 Mr. Wolfgang Winzer 127 Lake Serene Drive Winchester, VA 22603 RE: VARIANCE REQUEST 908-05 Dear Mr. Winzer: This letter is to confirm that the above -referenced application was approved by the Board of Zoning Appeals at their meeting on April 19, 2005. Your request on parcel bearing Property Identification Number 31 B-1-3 was for an 18 foot left yard variance. The property is located at 127 Lake Serene Drive (Route 677), in the Gainesboro Magisterial District. If you have any questions regarding this action, please feel free to call this office. Sincerely, Al Mark R. Che an Zoning and Subdivision Administrator MRC/bad cc: Jane Anderson, Real Estate 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 r • �1GY' CO t%Vk COUNTY of FREDERICK a +3 G 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: April 20, 2005 The amount of $50.00 was deposited in line item 43-010-019110-0008 for Mr. Winer. He had a deposit for one sign for a Variance #08-05 for Wolfgang Winer. He 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: Wolfgang Winzer 127 Lake Serene Dr. Winchester, VA 22603 RSA/pd j20 Jos 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 1�1 DATE NO. 81641 RECEIVED FROM ADDRESS ) 2 f-I lk r 11A. -Of b 12 "�;/)./)IDOLL A RS FOR S AMT. OF =7,, c-S CASH S ACCOUNT AMT. PAID C, E K c C' CHECK 9�O sl?fl BALANCE I MONEY 0 DUE I ORDER BY O)LA 03 V ett- . a' 2A, aZ1 e111 O s an° 12q>O ,• Se�S �eQ aoQ �qQ aapS A Joslab °aaS as°' Qu �04 J f�as�ayl�ssaA�s� anal asp QaQ3 ssav!�a � 'G aoQ aiO`0 aQ aka ' c�o4 o� s`Q0Vwo T A X R E C E I P T FREDERICK COUNTY C. WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22604-0225 SIGN DEPOSITS PLANNING Ticket #:00004850001 Date 3/10/2005 Register: CJO/CJ Trans. #: 05968 Dept # 1095 Acct# Previous Balance $ 50.00 Principal Being Paid $ 50.00 Penalty $ .00 Interest $ .00 Amount Paid $ 50.00 *Balance Due $ .00 Pd by DEPT OF PLANNING Check 7260.93 # CKS BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 3/2005 VARIANCE APPLICATION #08-05 WOLFGANG WINZER Staff Report for the Board of Zoning Appeals Prepared: April 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: April 19, 2005 - Action Pending APPROVE. LOCATION: 127 Lake Serene Drive (Route 677) MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBERN: 31 B-1-3 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) District Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) South: RA (Rural Areas) East: RA (Rural Areas) West: RA (Rural Areas) Use: Common Land Use: Lake Use: Residential Use: Residential VARIANCE REQUESTED: The applicant is requesting an 18 foot left side yard variance. REASON FOR VARIANCE: Insufficient space within existing structure and topography does not allow a different approach. Variance Request #08-05, Wolfgang Winzer April 7, 2005 Page 2 STAFF COMMENTS: This property was created in 1972 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 1972. 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 50' sides. Staff would note that this property was subject to a lot consolidation between lots 2B & 3, in 1995. This consolidation created this one acre lot. This consolidation would allow for an addition to be added to this structure. This proposed new addition would meet the current RA setbacks. The current house left side setback is at approximately 34' from the right property line. STAFF CONCLUSIONS FOR THE APRIL 19, 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 18 `on the left side of this property. The existing structure on this property has already been established with a 32' setback on the left side, and therefore is legally nonconforming. Should this variance be granted, the building setbacks for this property would be: 32' left side of the property (see plat). It appears that this variance does not meet the intent of the Code of Virginia, Section 15.2-2309 (2), and this request for a variance from the current setbacks of the RA zoning district may not justified. The applicant has more than fifty (50) feet on the right side of this property. 31 A 29 LAKE ST. CLAIR, INC. 31B 1 B LAKE SERENE, INC mQ CO 31B 1 B LAKE SERENE, INC 31 A 26 PARRILL, BETTY L. 31B 1 3 WINZER, WOLFGANG F 31B 1 4 BUTLER, H W JR 31B 1 6 BESSELIEVRE, DONN R 31B 1 B LAKE SERENE, INC Map Features ,,, VAR # 08 - 05 B Apghcetion Rridgas C. e O ParcelsL.ka Pontls �+ Streams Steams ^, Rams ^� Retainirg Walls pgticultural 3 Forestal Dlstrlcts -Double Church N — — Wolfgang G W i n ze r ( 31 B 1 3) t. euiltlings Road Cl RtlrfirllS - Raluge Church Tanks N ® south fraderick W I.; 0 25 50 100 \i Trails ~� S Feet ra .. �� • `�'i'e► - ti• ,.'. - ' i. ' - �.F'�a �� � � "arc _ �,,`�ut. .lP. q r^"r ," s :� .. ��1 '•��-.fie.' �\\ 1. ! � t :.:� '�• , [: / �� •� _+.Y�� i �• � 1. -'�. 0i ►����i t • • • 41 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 other . (Check one) 2. APPLICANT: NAME: ►�'�'[.FliA4,�1� ADDRESS /27 Z V S254,e e TELEPHONE:So S_ — 2177 OCCUPANT: (if different) NAME: ADDRESS: TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): �20f'f WoiVGN r� S�� koery i VIeN flt�, F nr6) eoX 'a? /`/' ,Z7 ��i N-o '1L,i4eE SEe5VE Coil#.. j Xft62i/f E 1 Y ,ei ;01/ J Z7 f;;PS'i ?,�I tIEVA Y ov YNF LFFlr 4. The property has a road frontage of ! feet and a depth of &/O feet and consists of /, Z52,acres (please be exact). Page 5 of 9 • • i 0 5. The property is owned by /Vm�-w,� r as evidenced by deed from 4 jt f E-dTRts f keA,1e_ recorded (previous owner) indeed book no. T47 on page .27.3 of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: #4 — Aet ►ncs L A rO 7. Property Identification No.: .,a'`' 917 -- 4,w !!wp ► A-- l . 3 8. The existing zoning of the property is: AA 9. The existing use of the property is: Pi' / ii ;z 1110PS1&6 10. Adjoining Property: � vn S -1-,.ke 5oi�� ,,e ON North ;3 r AS ._ I— P d L s� �c�� s East r es l )c A South Le-,,-t Sefemc, �Y 1�,��� 4 A West r e s t a A 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.") A 1 ? r sl'P VAR Irk-AIOO Fok A rk7-Q)s, oo 4' tfA1 Y GZesE l 0 PAQ), P8"0`1/ I %fie r"A��/U ?�is�e 1JC17 f �S,PPvCYuAeF_ 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 ! �V"!—�/(/ Page 6 of , • 0 • 0 13. Additional comments, if any: ►2i �S F0 deep or-.0 E /A) �4LL�/U��'aL!,�'� ���•�� ��,�i�S` /�4 � 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: I Address ZAA(/6 SG12FVF 312. Property ID #'$/ J �-5sr= L> V,fC— Address �j�Z 1411,�� EeFU� PropertyID # Address Property ID # %4F�' 1?5f=f� 1=1UC0: Address Property ID # ..�'/ i/i l� 3 A//74/U Address Z/d' Property ID # St' $—1 -1 IA4: Address Property ID # Address Property ID # Address Page 7 of 9 i 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. bou r 7ofi . r !�I 6 Ayr Page 8 of 9 z / _ �O 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. Luereb of my k SIGNA DATE SIGNATURE OF OWNER - - t (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF / D5-- ACTION: - DATE- DATE APPROVAL SIGNL4)_-_J- ------- ----- - - -- - - — - - BZA - HAIRIVIAN — DENIAL DATE: ± I Iq I b�' Page 9 of 9 • 0 • • Lake Serene Board Meeting 20 December 2004 The Board of Directors of the Lake Serene Homeowner's Association met at the home of David Bowman. David Bowman, President, called the meeting to order at 7:00 PM. Present were David Bowman, Frank Armstrong, Linda Kulstad, James Olsen. Kim Rhodes, and Wendy Jones. J.T. Anderson was absent. Approval of Minutes Upon a motion, duly seconded, the board unanimously dispensed with the reading of the minutes of the October 23, 2004 meeting and approved the minutes as provided to the members. NEW BUSINESS Construction and Improvement Requests Kysela, Lot 26 The board considered a request for a dog kennel constructed of chain link fence with a wooden roof structure supported on posts. The kennel is to be constructed on a concrete slab that had been approved for parking at the October 23, 2004 board meeting. Members were provided a letter from Dr. Eric Redmond objecting to the kennel. It was noted the kennel had been constructed, except for the roof, within the past fortnight; even though the President had informed Mr. Kysela the board had not considered his request. A discussion was held concerning the covenants prohibiting fencing. Concern was also expressed that the structure may be within fifteen feet of the side lot line, which is also prohibited. A motion was made to deny the construction of the kennel and authorize the officers of the Association to consult with our attorney before replying to Mr. Kysela. The motion was duly seconded and unanimously approved. Winzer, Lot 3 The board reviewed plans for an addition to the house. The proposed addition maintained the current architectural appearance of the house and conformed to the covenants with respect to exterior materials. A motion was presented to approve the plans as conforming to the covenants. The motion was duly seconded and unanimously approved. Slaughter. Lot 23 The board reviewed a plat and easement for a drain field on the opposite side of the road from Lot 23. A motion was made to approve the easement and authorize the President to sign on behalf of the Association. The motion was duly seconded and unanimously approved. Breidinger Lots 33 & 34 The Board considered a request by Phyllis Bredinger to construct a 12'x16' shed, bridge and gazebo at various locations on Lots 33 & 34. It was noted the shed had been built and was in conformance with the covenants. The bridge and gazebo is planned to be built in County of Dederick, Virginia • INSPECTIONS DEPARTMENT BUILDING PERMIT 'HIS 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 'QUO Date i a a 5 -G(-r> Owner Type Building Ga iroo Location 1 AI.A,(ake- Secerie. i�)ci',�/� _ 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. Dale 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. z I RI AR INCaFr.T1nN: riac-.f And floor slabs, poured concrete foundation walls, and any self supporting COUNTY OF FREDERICK ilacement of vapor barriers and reinforcements, or contraction joints BUILDING INSPECTION BUILDING APPROVED � FOR /� L d !✓-!�`Y-/� LOCAT O� �"�`e' f A 7 INSPECTOR 'ring inspection after all framing, firestopping, rough plumbing and :es and chimneys are complete and prior to concealing same. lsulation inspection after insulation is installed. inspection when structure is complete and ready for occupancy. In ove, the Building Department may make or require any other inspec- e 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 Address: V/ Phone Number: NONE DESIGNATED Form No.10B2 /I Building /Inspector County of*rederick, VirginieO INSPECTIONS DEPARTMENT BUILDING PERMIT Protect From Weather This PERMIT is issued for construction in accordance with the provisions of the VIRGINIA UNIFORM STATEWIDE BUILDING CODE Permit mNeak., ' 9 Date OwnerAType Building Location INSPECTIONS • 9b — 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 Initials 1.) 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.) Call for foundation inspection after, foundation walls have been constructed and waterproofed, anchor bolts have been installed, prior to doing any backfilling. 3.) 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.) Call for framing inspection after all framing, firestopping, rough plumbing and electrical, masonry, including fireplaces and chimneys are complete and prior to concealing same. 5.) Call for insulation inspection after insulation is installed. 6.) Call for final inspection when structure is complete and ready for occupancy. 7.) In addition to the called inspections_ above, the Building Department may make or require any other inspec- the Code. COUNTY OF FREDER.ICK BUILDING INSPECTION BUILDING APPROVED FOR Z 2111' r LOCATION A 'SPECTO �. tpections as needed and prior to concealing same. To schedule any of call County ofOrederick, VirginiaO 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 r DateCl- LI"q Owner C Type Building Location 14 I 9reave er a lee or V_ 91 n "We - 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 Initials Failure to call for inspections constitutes A VIOLATION OF THE LAW. _ 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 and 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 final 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 inspec- tions to ascertain compliance with the Code. B.) Call for plumbing and electrical inspections as nee,W and prior to concealing same. To schedule any of the above listed inspections please call 665-5650. MECHANICS LIEN AGENT INFORMATION Name Address: Phone Number NONE DESIGNATED Form No. 1DB2 Building Official 1 Inspector PT' 967P0273 THIS DEED, made and dated this 1W day of June, 2000, by and between ALAN E. CHEALE and IRIS R. CHEALE, husband and wrife, herein called the Grantors, and WOLFGANG F. WIN7.ER, herein called the Grantee. N WITNESSETH: That for and in consideration of the sum of Ten Dollars N and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors hereby grant and convey, with General Warranty o and English covenants of title unto the Grantee, in fee simple, all the following c � 3 described real property without any improvements thereon: All that certain land in Gainesboro District, Frederick County, o Virginia, being the eastern portion of Lot 2 and all of Lot 3 on the plat of Lake Serene, duly recorded in the Clerk's Office of g the Circuit Court of Frederick County, Virginia in Deed Book 356 at page 147, the eastern portion of Lot 2 being specifically > N designated as Lot 2B on that certain resubdivison of Lot 2 as shown on plat of Lee A. Ebert, C.L.S., dated July 18, 1972, 3 recorded in said clerk's office in Deed Book 394 at page 345; i and further described by Lot Consolidation, Lot 2B and Lot 3, j Lake Serene, record in said clerk's office in Deed Book 843 at -� page 862. This is the same property conveyed to the Grantors o herein by deed from Ellen Terry Alger and Jean E. Ford dated ra- ¢ August 3, 1995, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 843 at page 0 � C7 866. uS Reference is hereby made to the aforesaid instruments and the a attachments and the references therein contained for a more particular Ua S a description of the property hereby conveyed. oThis conveyance is made subject to all easements, rights of way and Nrestrictions of record affecting the subject property. o III i I B967t"G0274 WITNESS the followin signature and seals: Jc o� /Yti AOR/ /Ls/TWPtflr n 41t§EAL) A an E. Cheale by Judith Anderson, his Attorney -In -Fact Iris R. Cheale by Judith Anderson, her Attorney -In -Fact STATE OF VIRGINIA CITY OF WINCHESTER, to -wit: Acknowledged before me this _Z,,4�day of / 2000 by Judith Anderson, Attomey-In-Fact for Alan E. Cheale d Iris R. Cheale. My commission expire NOTA UBLIC 6-/3i/cX0e z FQn"�"CO t0-y VIRGINIA: FREDERICK COUNTY, SCT. This instrument of writing was produced to me on 6 — 00 at :md with certificate of acknowledgement thereto annexed was admitted to record. Tax imposed by Sec. 58.1-802 of 00 S1 and 58.1-801 have been paid, if assessable 44e4 4,441, 'Clerk O LOT CONSOLIDATION.- BK 8 4 3 PG 0 8 6 2 LOT 28 8 LOT 3 L A KE SERENE GAINS S60RO DISTRICT FREDERICK COUNTY VIRGINIA 26 APRIL 1995 'LOCATON73 ! �~ 6771 715 654 Iv Y 77, oD z I CEDAR GROPE AW �ryc I °h6�. 1 i 67 t ' � b '1 P RTIFICATE: OWN HEREON IS THE LAND CONVEYED TO ELLEN TERRY ALGER AND JEAN E. FORD BY DEED H 1975 IN DEED BOOK 441, PAGE 177. OWNER'S CERTFUTE TlnS DNiStOH, AS IT APPEARS ON TM PLAT, U WITH TtfE FREE CONSENT Np INACCORMKE WITH THE DE / 3 OF THE UNDER- SIGNED OWNER, PROPRIETOR OR 7RV3TEE / , / 1 CITY/Ccteft T7F 1 ✓IN GF1� Se/Z STATE OF _ \/(D viA AONOWMM KFME ME TM � �' WIT' OF J ✓✓n1 � , H NOTARY ftftJC MY COMM" Dq M _3 o j 2 / 9/ 7 N. R. CHAPTER 144, A ICLE IV, SECTION 144-14- ?r L. ALLEN EBERT � n �e I PMSS/ONAL L4W SUNEY0R ZiCEHSE) rao,, 35 W. MCANP Sr 1498 pWEVVF VA ZW-4740 1.i4� _A 70J 667 32JJ U 8K843PG08*Q� Imo+ I > , a , I I I + , /.252 ACRES N n � � P. 1. N. 31- l - 3 1 . + + I Lu n =CD N 12.1 Q N N M 0 -J Hfl 5E n W In ul N Lo Z q J N39'36'37"E 35.31' ° 0 S 62. 44' 06" E - 160.03. LAKE 0—IRON PIN (FOUND) 0—IRON PIN (SET) 1J 'i AA EB T_ (LICENSE) No. 1498 D 8URYEY r QK8It3PG0864 The accompanying Plat represents a Boundary and Consolidation Survey of LOT 3 and LOT 2B, LAKE SERENE (a matter of record in Deed Book 356, Page 147 and Deed Book 394, Page 345), conveyed to Ellen Terry Alger and Jean E. Ford by Deed dated 11 March 1975 in Deed Book 441, Page 177. The said improved Land, designated as No. 127, fronts the Southern Boundary Line of Lake Serene Drive, a 40 ft. private access easement, and lies in Gainesboro District, Frederick County, Virginia: Beginning at an iron pin (set) in the Southern Line of Lake Serene Drive, a corner to Lot 4; thence with the said Line, S 85' 47' 32" W - 146.17 ft. to an iron pin (found), a corner to Lot 2A; thence with the Southeastern Line of the said Land, S 280 43' 19" W - 318.21 ft.'to an iron pin (found) in the Northeastern Line of the Lake; thence with the three following Lines of the said Land, S 62' 44' 06" E - 160.03 ft. to an iron pin (set); thence N 391 26' 37" E - 35.31 ft.; thence N 25° 57' 47" E - 11 l .49 ft. to an iron pin (set), a corner to Lot the said Lot 4; thence with the Western Line of the said Land, N 190 51' 37" E - 250.56 ft. to the beginning. Containing: 1.252 Acres Surveyed: 26 April 1995 L ALTN EBERT �( ICENSE 1498 Np • _ • BK843PG0865 See attached plat - Lot Consolidation Lot 2B & Lot 3 Lake Serene Gainesboro District Frederick County Virgi is 26 A ril 1995 sf , Elle 4Tey A er �lC CFZ� �)/OGr9 "SWCS%N TO AND SUBSCRIBED BEFORE ME, this 24th day of May, 1995, to certify which witness my hand and sea of office. - - ?1�. Notary Publ'c in and for the State 7of Texas My commission Expires: / , I q,/ VIRGINLk- FREDEFUCK OOU► -ry, OCT. Thl ! ument o �Wlg s�ro y of- Rw on thA end wl ttas a rnl lodgment Ihoreto annexedtaed to rmposed by and 68.1•Soc. 36.1-802 of tpt have been p91d, 11 assassawo. I. Clark � n� 342 n , II w�aws wx x.wxwxxwxsasaaaxswwww wswisw � w f 241 w J ALFRED P. GREGORY, ET UX TO DEED ELI.EPI TERRY FORD w x wxxfwrt aa..xraaxaxxw aaxawxw a x 3 4 2 i Fi3L'K psi PACE THIS DEED, made and dated this I/ItElday of August, 1972, by and between Alfred P. Gregory and Stephany M. Gregory, husband; and wife, Grantors, parties of the first part, and Ellen Terry Ford, Grantee, party of the second part. WIT^1ESSETFIt That for and in consideration of the sum �n of Ten Dollars ($10.00), cash in hand paid and other valuable consideration, the rocetpt of all of which is hereby acknowledged,'. the said parties of the first part do hereby grant and convey, i with general warranty of title, unto the said Ellen Terry Ford, ± her heirs and assigns forever, all of that certain lot or parcel of land being situate in Gainesboro Magisterial District, Frederick County, Virginia, designated as Lot 23 and as describedi on the plat hereto attached and by this reference made a part hereof as if set forth herein verbatum, and being the re -subdivi- sion of Lot 2 on the plat of Lake Serene, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 356, at page 147, and being a portion of the lot of land conveyed to the Grantors herein by deed dated August 25, '1969, from Lake Serene, Inc. of record in the aforesaid Clerk's Office in Deed Rook 360, at page 663. Reference is here made to the aforesaid plat and deeds and the references therein contained for a more particular description and further derivation of title. h This conveyance is made subject to the following cov- enants, which covenants shall be deemed real and running with thol land and binding on tho Grantee, her successors, heirs, dis- tributees, personal representatives and assignst -1- N 345 soox 394 FADE 345 - �1 FL o o VARIANCE GRANT��D� 7�y4'/Y I o. C.C. that, •DM11i. r IO a s •t v n N LOT 1 '0 2A " 2B ao LOT 3 c LOT N o 4 i cc o 1 16,030.321 � I O Y o I16,436.4a 1r 0 �4 WSO.FT. -t S W N I ; SO.FT, s y I N p t ccC 17 N In J � j4 Z N Z N W Ci I In I i r 60.03' 60.03, N 62-44106" W r i L A K E I ' I FINAL PLAT yi pt 1 of DIVISION SURVEY LOT 2 — LAKE SERENE �E A. EBERT E cea1,rirnrNa GAINESBORO DISTRICT FREDERICK COUNTY, VA. LAND °y J I JU LY 18, 1972 j YIRGINIA FREDMICK COUNTY, SCT. I This inslrumont of ritind was Produced to me on the j ' gf— day of and with cortificato of a uowlodclmoat theroto aaaaul was i admitiod to record. Tax imPosod Dy Sac. ad-:A-i of �14 . J �> , and 58-54 havo been Paid, if a.+o.a+bie. k t I - Clark. JP' / I Clcc 1 / f 1 / 1 \ / 1 � / 1 \ 1 S \ OQ ZA 1 2 8 3 �`v s • 9 �o' 12 \ ZS \ 26 /9 ALP ` V \ 27 Za 82 \ 30 38 \ 37 40 41 4L z 2 37 � q,zE S • \ F ` 34 33 3+ 35 ge / Lk \ / W \ J \ 4 \ � Q 31_q 39 ` \ \ _ —� THIS MAID WAS YICEPAOLED EXCLv31VEi-Y FrtOfr S o C o A s 1NFOfZMATION OBTAINED PW-M THG TAX 1C6COI1 OF. FREtwci,-G Cot, y VI W G I IJ IA, Ne SUq V6Y WAS MADE Sy ME .rj THE dmowrj D, AND No IFEPWSSC"TATION fs MAD6 AS TO THE ACCU2ACY OF INFORMATION SHOWN HEM990N. -FIS 1MAn WAS pREPAJCEV EXcL.U51vFL-Y FROM 1NFOMMA-r—i OBTAINED FIroM THE TAX TCECO12DS oF.FIL6vsICIc./L CoUN Y V14GINIA. Ne SUKVSY WAS MADE BY ME ON THE awo1JND, AND No RE RICE SENTATION 13 MAVG AS To THE ACCUICAC.Y OF INFORMATION SHOWN HEKEON. L. ALLEN EBERT Professional Land Surveyor 35 VL Boscawen St Winchester, VA. 22601 703 667 3233 Suc-E : 1"= 200 LAKE SERENE , INC. D. 8 . 356 - P. 57 D. B. 384- P. 513 VA. Ro vTE 6 -7 7 GA(NESSa-zo J/f5T2fCT rKEDE,r-ICK CaU,JTy `/1K41"IA 14 A u4 uST 1 99 I W4�4� COUNTY of FREDERICK J Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING April 5, 2005 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #08-05 OF WOLFGANG WINZER On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, April 19, 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 #08-05 Wolfgang Winzer for an 18 foot side yard variance. This property is located at 127 Lake Serene Drive (Route 677), and is identified with Property Identification Number 31B-1-3 in the Gainesboro 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, %ter r R C ran Zoning and Subdivision Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 1 This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virgima: 31B -1- - 3- � WINZER, WOLFGANG F . 4 COL 127 LAKE SERENE DR WINCHESTER, VA 22603.3042 31B - 1- - 1- KULSTAD, LINDA WARD 159 LAKE SERENE DR WINCHESTER, VA 22603.3042 31B - 1- - 41- BOWMAN, DAVID J & CHRISTINA M 483 LAKE SERENE DR WINCHESTER, VA 22603.3045 31 B 1 4. BUTLER, H W JR PO BOX 3224 WINCHESTER, VA 22604-2424 31B-1-- B- LAKE SERENE, INC CIO J T ANDERSON 686 LAKE SERENE DR WINCHESTER, VA 22603-3051 Mark R. Cheran Zoning & Subdivision Administrator Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I, - , a Notary Public in and for the State and County aforesaid, do 14reby certify that MaN R. Cheran, Zoning & Subdivision Administrator, for the DepM�S- of Planning and Development, whose name is signed to the foregoing, dated , haspersonally appeared before me and acknowledged the same in my State and ounty aforesaid. Given under my hand this �.� day of My commission expires on do YA MN I z. .C� V k il"/veL � Q */C •TO: Barbara - Data Processing V14 /U FROM: Bev - Planning Dept. ti��.Please print sets of labels by: ,3/a P�..-- / — 3 / THANKS!!! 13. Additional comments, if any: fel Ps T© CeeP /=)E;CE Xcj�pl8e ,04P. S 1,4 PC � kL / FX . /4 k0I i4 U�}3U�eit1 .��'LLs , y,' :.' DPP&,K � Oe2 DAYS 14. The following names and addresses are all of the individuals, firms, 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: aEA-19 Address 60F L141,(F SEi Fk(c Property ID # Sg/ q fo/ {`.L/G VeE Address - Property ID # � Address Property ID # FOP— I?� ��� �/UC/= � Address Property ID # P rtY 31 A1/0 30AII%/¢/U LSE Address LA)IrE `S),eFA)i / . Property ID # gg�S-- �� : 3I 6-1-4'j S5,66A%ke i /1W. Address Property ID # Address Property ID # LlI kIC S E ICEr) E- - - - -- - - - - -- Address Property ID # 2 6-1 - Page 7 of 9 VI/�� r� /��� _ate G© P� TO: Barbara - Data Processing FROM: Bev - Planning Dept. Please print sets of labels by: -� U Tgaxxslll 13. Additional comments, if any: ©/��*cE S / L— W Geot) Puql-1-84) /'FX. Akol 14. The following names and addresses are all of the individuals, fi m, 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: Address I ZA-Ai Property ID # 1i',e� Address Property ID # a Address Property ID # Address Foe Property ID # Address `�` /, � n /kt�- Property ID #8S`S" Address Property ID # Address Property ID # Address 3 — / -- Page 7 of 9 6 n)- P . w E REQUESTING AGENT: DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY, VIRGINIA GIS, MAPPING, GRAPHICS WORKREQUEST DATE RECEIVED: �Ak REQUESTED COMPLETION DATE: -y � — Department, Agency, or Company:_ Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROJECT: DESCRIPTION OF REQUEST: (Write DIGITAL: PAPER: FAX: SIZES: COLOR: BLACKIWHITE: STAFF MEMBER - COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: FAX: iaivir NUMBER OF COPIES: HOURS REQUIRED: AMOUNT PAID: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) County ol Frederick, Virginia INSPECTIONS DEPARTMENT BUILDING PERMIT THIS CARD MUST BE POSTED ON THE JOB SO 17 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 'QUO Date a - "G(.0 Owner If, Type Building Location 4ke 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. _____ qA-__sLae_1 MspF('TION-B2camanLnnd_#oor slabs, poured concrete foundation walls, and any self supporting COUNTY OF FREDERICK llacement of vapor barriers and reinforcements, or contraction joints BUILDING INSPECTION BUILDING APPROVED wing inspection after all framing, firestopping, rough plumbing and .es and chimneys are complete and prior to concealing same. FOR �L tsulation inspection after insulation is installed. jj inspection when structure is complete and ready for occupancy. LOCATIO ',' DAT In INSPECTOR ove, the Building Department may make or require any other inspec- e 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 665.565 MECHANICS LIEN AGENT INFORMATION Names Address: Phone Number: NONE DESIGNATED Form No. 10B2 W ✓ li, .,.•..,�.r.».,+-r.,..,.3:, . .,,,.....�.R,,..a�.�.,e�m-,.�....,.�..,+.,...Tr.�,�s•,,�r�rr'�vf?�,t�,e�..m. t�iJ�k'•:. . �. ����..,..x,..,,�.,--�".�'-'. ,..,�.,.., , .<... �.. .� ,...1 ,.. , " 0 s, ,County of Frederick, Virginia INSPECTIONS DEPARTMENT BUILDING PERMIT Protect From Weather This PERMIT is issued for construction in accordance with the provisions of the VIRGINIA UNIFORM STATEWIDE BUILDING CODE . 0 < / If Permit mb Date Owner Type Building 3 _WA(+-, Location J(Aleg SA~hee 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 Initials 1.) 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.) Call for foundation inspection after, foundation walls have been constructed and waterproofed, anchor bolts have been installed, prior to doing any backfilling. 3.) 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.) Call for framing inspection after all framing, firestopping, rough plumbing and electrical, masonry, including fireplaces and chimneys are complete and prior to concealing same. 5.) Call for insulation inspection after insulation is installed. 6.) Call for final inspection when structure is complete and ready for occupancy. 7•) In addition to the called inspections above, the Building Department may make or require any other inspec- the Code. COUNTY OF FREDERICK BUILDING INSPECTION BUILDING APPROVED FOR LOCATION. .y TSPECTOI Ipections as needed and prior to concealing same. To schedule any of call /. W Building Official I Inspector 131V County of Frederick, \/*irginia 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 N bi Owner r Location ff 1/ 3 r/1' ae Buildina 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 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 and 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 final 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 inspec- tions to ascertain compliance with the Code. 8.) Call for plumbing and electrical inspections as n the above listed inspections please call 665.5650. MECHANICS LIEN AGENT INFORMATION Name: Address: Phone Number: NONE DESIGNATED Form No. 1062 and prior to concealing same. To schedule any of ,.r .,.-vwt�'Y;nw}n•3nmry�� r,qv.. v.,rRsslrnr, S�;am•r..+�. T...+n .:.�tT�,.��q .. ... „.—+Rl117Y9gC�1-�:s•,nSTn•..rF•r�rmtr*•...w.-.._��.. �}, �.-en'�� ��..�.enr..,T.:�n..1 .,'.'.., '. ... •. .. COUNTY OF FREDERICK BUILDING INSPECTION BUILDING APPROVED FOR LOCATION / a lO INSPECTOR 1 COUNTY OF FREDERICK BUILDING INSPECTION BUILDING APPROVED FOR F11 4 a ( -�- CZ!C r _ LOCATION/2? 1 4 e S�rtti� DA Z6' v� v� INSPECTOR 1�, A re� — iI "✓""'^rx+!,q'RwY*R,+¢mn'+^"+<e'��m•rt. r,.Tt"TI�'f�+. .. 'i��!,ar •r. ^�'sn'-rs .,,,.571�A!1[fF!1�'�.7�!{'.n,^-��..s,l-••N.IuS�N^MRn.rn.._.rarw�.r .. *- 6 Cq / 81(967Pi3273 THIS DEED, made and dated this 1W day of June, 2000, by and between ALAN E. CREA3LE and IRIS R. CHEALE, husband and wife, herein called the Grantors, and WOLFGANG F. WINZER, herein called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors hereby grant and convey, with General Warranty and English covenants of title unto the Grantee, in fee simple, all the following described real property without any improvements thereon: All that certain land in Gainesboro District, Frederick County, Virginia, being the eastern portion of Lot 2 and all of Lot 3 on the plat of Lake Serene, duly recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 356 at page 147, the eastern portion of Lot 2 being specifically designated as Lot 2B on that certain resubdivison of Lot 2 as shown on plat of Lee A. Ebert, C.L.S., dated July 18, 1972, recorded in said clerk's office in Deed Book 394 at page 345; and further described by Lot Consolidation, Lot 2B and Lot 3, Lake Serene, record in said clerk's office in Deed Book 843 at page 862. This is the same property conveyed to the Grantors herein by deed from Ellen Terry Alger and Jean E. Ford dated August 3, 1995, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 843 at page 866. Reference is hereby made to the aforesaid instruments and the attachments and the references therein contained for a more particular description of the property hereby conveyed. This conveyance is made subject to all casements, rights of way and restrictions of record affecting the subject property. • • • T'1Y•' 'I�,, f1, • '- �l��j- •,. ,t; � r. Yam{ BN 9 6 7 1"13 0 2 7 4 WITNESS the following signature and seals: �wF/, � /� �co.,o.,J /Fis f �o"dr�� • :� • ``+ � (SEAL} A an E. Cheale by Judith, Anderson, his Attorney -In -.Fact ,tu'.,,�.sr.�•,�c�,'-v�� Rom• G�F'�/rr �i^ '`�ALj Iris R. Cheale by Judith Anderson, her Attorney -In -Fact STATE OF VIRGINIA CITY OF WINCHESTER, to -wit: Acknowledged before me this _Zt!!tday of -' , 2000 by Judith Anderson, Attorney -In -Fact for Alan E. Cheale d Iris R. Cheale. NOTA LTBLIC � O y�cy �Z�co My commission expires: ' VIRGINIA: FREDERICK COUNTY, SC - 'this instrument of writing was produced to me oa O U at ;Ind with certificate of acknowledgement thereto annexed was admitted to record. Tax imposed by Sec. 58. i-802 of O S O `Jd , and 58.1-801 have been paid, if assessable 4�e4 44/010,u 'Clerk • o� LOT CONSOLlDAT/ON.• LOT 2B 8 LOT 3 LAKE SERENE GAINESB4R0 DISTRICT FREDERICK COUNTY VIRGINIA 26 APRIL I995 'LOCATON �V I" = 2,000' o �" I �r I �( M43PG086 I� ittl. Movnlei� —�' 7� 715 654 ao � !% CEDAR GROVE SURVEYOR'S CERTIFICATE: THE LAND SHOWN HEREON 1S THE LAND CONVEYED TO ELLEN TERRY ALGER AND JEAN E. FORD BY DEED DATED 11 MARCH 1975 IN DEED BOOK 441, PAGE 177. OWNER's CMTIFC4TE: TIPS DIVISION, AS IT APPEARS ON TMS PLAT, IS WITH THE FREE CONSENT AND M ACCORDANCE WITH THE DE SXES OF THE l;R�fR- SIGNED OWNER, PROPRIETOR OR TRUSTEE. CITY/CaUM (W �JiN rC 5 /� STATE OF __ 1726-1 tiiA ACKWNLEDOM 6rri'ORE ME Tm c DAY OF :ZT'�N �g MOTARY M1>C NY COMMRSsm VMS WINCHES TER-FREDERICK C55 TY FREDERICK CDU7'!TY FIEALTH DEPARTMENT PLANpAIit3 DEPARTMENT N. R. CHAPTER 144, A ICLE IV, SECTION 144-14- ar L. ALLEN EBERT �. n EBE PROFESSIONAL LAIC SUMEYOR w-ENsn ft 35 W. @IOSCAMS T. 1498 IW EM VA ZW - 4T40 f0 0)na.t"t� TQi 667 .32,�3 0 BK843PG08 NO Z-Z , 5 I I I � I ' I l I > � I I I � , 'I ACRES N a I I , i� P.I.N. 31-1- 3 � I z ui � I t I I I a I 4 z a N LD l2� Q) N � W o O FAME. HO 5� M I� ua in N w Z q J N 39. 36' 37" E 35.31' 0 ° S 62. 44' 06" E - 160.03' LAKE N O—IRON PIN (FOUND) D—IRON PIN (SET) LTfi X ALLEN EBEAT� (LICENSE) No. 1496 �D BURVE�� �O UKBrt3PGO864 The accompanying Plat represents a Boundary and Consolidation Survey of LOT 3 and LOT 2B, LAKE SERENE (a matter of record in Deed Book 356, Page 147 and Deed Book 394, Page 345), conveyed to Ellen Terry Alger and .Dean E. Ford by Deed dated 11 March 1975 in Deed Book 441, Page 177. The said improved Land, designated as No. 127, fronts the Southern Boundary Line of Lake Serene Drive, a 40 ft. private access easement, and ties in'Gainesboro District, Frederick County, Virginia: Beginning at an iron pin (set) in the Southern Line of Fake Serene Drive, a corner to Lot 4; thence with the said Line, S 850 47' 32" W 146.17 ft. to an iron pin (found), a corner to Lot 2A; thence with the Southeastern Line of the said Land, S 28° 43' 19" W - 318.21 ft.-to an iron pin (found) in the Northeastern Line of the Lake; thence with the three following Lines of the said Land, S 62° 44' 06" E - 160.03 ft. to an iron pin (set); thence N 391 26' 37" E - 35.31 ft.; thence N 25 ° 57' 47" E - 111.49 ft. to an iron pin (set), a corner to Lot the said Lot 4; thence with the Western Line of the said Land, N 19' 51' 37" E - 250.56 ft. to the beginning. Containing: 1.252 Acres Surveyed: 26 April 1995 ANlcet,'SE) EBERT No. 1498 tiA',? gTTTLVOT, BK843PG0865 See attached plat - Lot Consolidation Lot 2B & Lot 3 Lake Serene Gainesboro District Frederick County Virgi is 26 A ril 1995 ElleAV4ry Ag "SWOW'N" TO AND SUBSCRIBED BEFORE ME, this 24th day of May, 1995, to certify which witness my hand and sea of office. Notary Pub l'c in and for �tyhe State of Texas My commission Expires: (f 6 I q 'r VIRQtNUL- FR&bERICK ihl I um°nt o wrftl�n�U�, �' ,��°d ma on tht3 and w1 ' Y of. a1 car•,1{j"Eta ac!tnowleegMent Ihutato ann�, >tiaa a rnitbd to rec . tax tmposed by Sac. 56.1_002 of and 58.1.00, have been pa)d. It assassabte. r T Ci�©r}t 241 * P. GREGORY, ET UX TO DEED ELLEN TERRY FORD * HAV*194 PACE 34 THIS DEED, made and'dated this d/tOiday.of August, 1972, by and between Alfred P. Gregory and Stephan y M. Gregory, husband) and wife, Grantors, parties of the first part, and Ellen Terry Ford, Grantee, party of the second part. WITNESSETH: That for and in consideration of the•sum of Ten Dollars ($10.00), cash in hand paid And other valuable i consideration, the receipt of all of which is hereby acknowledged,' ithe said parties of the first part do hereby grant and convey, with general warranty of title, unto the said Ellen Terry Ford, her heirs and assigns forever, all of that certain.lot or parcel of land being situate in Gainesboro Magisterial District, Frederick County, Virginia, designated as Lot 2B and as described) on the plat hereto attached and by this reference made a part hereof as if set forth herein verbatum, and being the re -subdivi- sion of Lot 2 on the plat of Lake Serene, of record in the Clerk's j Office of the Circuit Court of Frederick County, Virginia, in Deed 'Book 356, at.:page 147, and being a portion of the lot of r land conveyed to the Grantors herein by deed dated August 25, I I'1969, from Lake Serene, Inc. of record in.the.aforesaid Clerk's Office in Deed Book 360, at page 663. Reference is here made to the aforesaid plat and deeds and the references therein contained for.a more particular j description and further derivation of title. I This conveyance is made subject to the following cov- enants, which covenants shall be deemed real and running with the] land and binding on the Grantee, her successors, heirs, dis- tributees, personal representatives and assigns: -1- 345 . F11 bou 394 PAGE 345 �OI D� 0 a'i j%6. � O P N VARIANCE GRANT D ' t4�Zlj- le- 7 7Y C.C. BABB, ADMIN. It v N LOT I o 2A N 2B LI N — o Z 1 16,03p.321 I O It Q Io / 16, 436.43_ 6. 'o J 4 W SQ. FT. 3 W SOFT. r o CD hi 3 in ID N °' 0) J — I n N a M ern ai •_ . N N in -r ad Z rn Z N W C N 60.03' 60.03' N 62'4406" W L A K E FINAL PLAT y DIVISION SURVEYLOT 2 - LAKE SERENEIDERT rf GAINESBORO DISTRICT a` FREDERICK COUNTY VA. `'eo a�°yy LAND J U LY 18, 1972 — 1" a 50, ViRGINIA REDZRICK COiJ;`ITY, SCT. TIUS inslruniont of writing was producod to mo on th© at and with cortificato of acknowlodulnout tharoto anua.jl 4,10 admitted to rocord. Tax imposed of Sec. it � -/ �'� �, and 50-54 havo boon paid, if a.,++u.e• io. vv 1 i N� Clark. j; LOT 4