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Home My WebLink About10-05 Harry & Ruth Newman 5' Left Side Yard - Shawnee - BackfileBOARD OF ZONING APPEALS Variance Request Tracking Sheet Date: File opened n r Reference Manual updated/number assigned t lo S D-base updated q (p i Location p.requested from GIS Two sets of labels requested from Data Processing q1, •0Jt File given to Renee' to update Application Action Summary Nyk,' MEETING DATE: � l Y �r FINAL ACTION: APPROVED CLOSE OUT FILE: / 0S�� Approval (or denial) letter mailed to applicant/copy made for file 5� OS— File stamped "approved", "denied" or "withdrawn" 511,_Z Qr Reference Manual updated S/ V d S D-base updated 7.10.05 File given to Renee' for final update to Application Action Summary -7 U U \Bev\Common\Tracking sheets\BZA Tracking.bzn Revised 05/25/01 A O p � N O ® O m a� o O N t v� to N Rt tA O O c» —� RECEIVED FROM ADDRESS' V �o�.y 'Ct l FOR 2- :h �vYi CtP C�l� DATE NO. 8,2 4 6' tUC+ DOLLARS $ Lt 50, �� AMT. OF CASH I ACCOUNT I AMT. PAID �J' CHECK BALANCE I MONEY DUE ORDER f� t BY 0 d COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 MEMORANDUM TO: Finance Department FROM: Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: May 18, 2005 The amount of $50.00 was deposited in line item 0-010-019110-0008 for Harry & Ruth Newman. Mr. Newman had a deposit for one sign for a Variance #10-05. 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: RSA/pd Harry Newman 115 Maverick Ct Stephens City, VA 22655 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Apr. I Business License lee aue June 5 First Half Taxes Due Personal Property Real Estate Sanitary District Street Light Nov. I Dog tags go on sale V Dec. 5 Second Half Taxes Due Personal Property Real Estate Sanitary District Street Light 'ir due dates as billed by the Commissioner of the \ye's Office. Mailing Address \Frederick County Treasurer P.O. Box 225 • . '9chester, VA 22604-0225 (540) 665-5607 pail Address io.frederick.va.us 4 Online Pavrnents V 'UCK.VA.US 740—Urs 0 �,\t 5:00 pin �k times, watch V > > AMT. AMcc01 AMT. P ALU C> >>OneT °f the aSutev )pG"p225 �Ives aenek ca us is meu 4a & 040-k PUS �tiRIC CS O�fto teel� nu5.pp P�' �ateh s times, of{eied ,media• � � # . • '', �OCa rrr►►a lism rrrrrrrr�.St01`tie,p'ttat`a ,, r r �Glge`eon ate n _� n vaft ana b es a8e f j o T A X R E C E I P T �yV"LNO FREDERICK COUNTY .last .kess C . WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22604-0225 Ticket #:00004890001 Date 4/04/2005 Register: BCC/BC Trans. #: 40345 Dept # 1095 Acct# SIGN DEPOSITS PLANNING Previous Balance $ 50.00 Principal Being Paid $ 50.00 Penalty $ .00 Interest $ .00 Amount Paid $ 50.00 *Balance Due $ .00 Cash 1.00 Pd by PLANNING Check 3535.00 # VARIOUS BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 4/2005 CK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 May 18, 2005 Mr. and Mrs. Harry T. Newman 115 Maverick Ct. Stephens City, VA 22655 RE: VARIANCE REQUEST #10-05 Dear Mr. and Mrs. Newman: This letter is to confirm that the above -referenced application was approved by the Board of Zoning Appeals at their meeting on May 17, 2005. Your request on parcel bearing Property Identification Number 76R-1-3-160 was for a five foot left side yard variance. The property is located at 115 Maverick Court, in the Shawnee Magisterial District. If you have any questions regarding this action, please feel free to call this office. Sincerely, ✓'. ce,, rarkK'(6eran Zoning and Subdivision Administrator. MRC/bad cc: Jane Anderson, Real Estate 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 • VARIANCE APPLICATION #10-05 HARRY AND RUTH NEWMAN Staff Report for the Board of Zoning Appeals Prepared: May 6, 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: May 17, 2005 - Action Pending APPFpVEb LOCATION: 115 Maverick Court MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER(S): 76R-1-3-160 PROPERTY ZONING & USE: Zoned: RP (Residential Performance) District Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RP (Residential Performance) South: RP (Residential Performance) East: RP (Residential Performance) West: RP (Residential Performance) Use: Residential Use: Residential Use: Residential Use: Residential VARIANCE REQUESTED: The applicants are requesting a five foot left side yard variance. REASON FOR VARIANCE: Existing basement steps extend into side yard setback 0 • Variance Request #10-05, Harry and Ruth Newman May 6, 2005 Page 2 STAFF COMMENTS: The applicant was cited for violating the building setback requirements for the RP (Residential Performance); the side setback is five (5) feet over the required side setback line. The Frederick County Zoning Ordinance requires building setbacks for the RP zoning district to be: Front - 35'; Sides - 10% Rear - 25'. The steps and wall on the left side of the dwelling are encroaching five (5) feet over the setback line. The permit holder was required to have two (2) survey reports. Section 165-23 H (1) Frederick County Zoning Ordinance provides the survey location requirements for primary structures. It states that: "A surveyor licensed in the Commonwealth of Virginia shall establish the location of any primary structure that is five feet or less from any minimum setback requirement". Exhibit "A" is the building permit with the minimum setbacks written by the Zoning Administrator and a copy of the final subdivision plat with the setbacks. This was submitted with the building permit. Exhibit `B" is a copy of is a sealed survey setback report showing the left setback as 11.0 feet, where the proposed house will be located. Exhibit "C" is a copy of the final house location survey with plat that depicts the house location. The building setbacks on this survey show the left side as setback 11.1 feet. STAFF CONCLUSIONS FOR THE MAY 17, 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 should have constructed the dwelling within the proposed setbacks indicated on the recorded plat and building permit. Since the applicant did not situate the dwelling within the proposed setbacks, consistent with the information submitted with the recorded plat and building permit, the subject front setback violation and subsequent variance application resulted. The applicant's failure to accurately construct a dwelling according to the information submitted on the recorded plat and building permit does not constitute a hardship. Therefore, denial of this variance would be justified as the applicant has not met the requirements of Section 15.2-2309 (2) of Code of Virginia. 75 A 100 WAKELAND MANOR LAND TRUST 03 rn O03 D N_ S�° N 7� c� v r 76B 12 129 JENSEN, SVEND V & ELSE C Map Features 'A" Rrkfges 8 Apph-fi.n ^v C.Nen Lakss/Ponds /V Dams Ma-- Streams ^V Retaining Walls swkfings Road Centerlines ® Tanks Trans 76B 13 163 DEMSKI, BERNARD J & SUZANNE W 76B 13 162 WETHERN,ANDREW &ANDREA 76B 13 161 JONES, RICHARD D 168 ,� 3 �60&RUjNW NEwMP� NPRRV OParcels Agricukural6 fors tral Dlstrbts . Double Ch— N Refuge Ch.lr O$..t Frederick W E: C 76B 13 168 I 76B 13 309A WOOD, GREGORY R & JAMIE L � w z i a w - m co ^� co 00 � r ^ J M U X •�• ui ui VAR # 10 - 05 Harry & Ruth Newman (76B - 1 - 3 - 160 ) 50 100 200 � U � � w 0 4' o J O ^ J aver � ick ct ••.• �. 4, z Z co ' -a U Z (¢7 U � k Af 44 WAJ k v v Sa.,—gecte.. r,VA 12601 • • AGENT: ATTACHMENT "A" - waS -03 v+±jbG.: IVAiA� a.1,.:i::...:1 EAG-F i" ACE INDUSTR.IE =.i1. Box ;8c5 P.D. UOX 1866 Wi hes*..er-. VA 22604 ..._,;:.e. _... _��... ,.:.. _ sectaan .� W:nche.:ter. VA 22604 PHONE: 5406620961 P'ir;N"c: . %0 66? 0967 -4N ACCOi*,NT#: 4110? nE9CRIPTION OF 'A-X MAP NO.. 76p � '{,� _��:': ',.60 L0Clt. rFn'"IOF�: �J �ern. _) RRM N'0. . HEALTH [ D7'jjTRI SHAWNEL // �I5... t.iil. 60' ::A...'l: _- I►� ...�<..,inµA_%! JJU-...It-L..`N; A..L't 7 TA'T ES rVr'I-I?'.T: 18' LEFT ARcA: ^er.e:' c:t'0w:.,: ZONE: Reside. ziai Perfor:rance R1 HT-tr3-WAY: _ L '(( - �,Fi: 4'.. :i �.. . ... --:__LION TO S.TE. Take .:'1.. SL''�t o 1:eW enC.'i3PC Make, a rir"hi 04 MaveriC✓ C 0 u r ' jUi? site w.�,i be on t:ie :.ekt 3 C,e 2]1 .;St GROUP: Use Group 'T' Resident;.a, 1USE CODE: Sinsle :a r:1Y wei 4.;' ,,,:F7. TYPE: New . NATURE/WPX: Sing l F e a m i'.v C° w e-; i n>7 -------------------------------------------------------------------------------------------------------------- BLDG. SIZE 73X% - # STORIES i # BEDROOMS 3 4 BATHRCOM 2 1/2 BSMT SQ FT liF 2570 TOTAL # R'D 14 Type Cons( Fco}:nc "itdar vtali:> Header o;f 5Vs,.. Fln%3r:nCr PT Smoke Det. Egress NC1E GARAGE 23H24:COVEREC NOTE REAR DECK 10X?7, N(JTe; COVERED FRONT PORCH 33X10 'X; TE NOTE ,JOB VAL'.Jc: :',�,r.;h ;,•;,pro S e j <<,:A FEES: // / 6.54.73 VAppiican M!r ) Applicant (please print) i---------------------------------------------------------------------------t t I hereby :?nree to comply with ali provisions c the Virainia '.ni 0rm Statewide Bu :ding Code and the Zmnq on t Ordinaaces a5 adopted by the CGL'1ty of Frederic);. t r e ! CABO .:& 2 FA,;LY IIWF1:I:iNf; f,QD'I, or BOCA NATIt;CODE ! SURVEY STANDARDS REQUIRED? YES NO INITIAL:�y� ! ! O E DETAILED SITE: P_,AN REQUIRED? Nii i------------------------------------------- — REC?L'IRED 1'I0111L`RES ? Bu Code Oi" ciai Zor;iuq Ada(` istr t0r DATE LATE 127 3 y w �I N 't wzo _off cr- LLJ ~w 126 ti 125 7a 19 25� bwt ZOEMGEMSa— I�. _ 0 M ' AWAGgr WAKELgNO 7MAN0(R>L4N00 O.B. 776. PG. 685 ^ ZONE RP USE AGRI. Z 162 \ LOT 161 34179 SO. FT, r o` V i LO 250 9 SO. FT. \ i -,y / / ,/_4 soft` 29,`4- 9 1. 374. 159 N SEE SHEET 6 1 I 50 0 50 fJ I GRAPHIC SCALE (IN FEET) FINAL SUBDMSION PLAT CANTER ESTATES SECTION THREE — PHASE l SHAWNEE DISTRICT - FREDERICK COUNTY t/IRG/NlA SCALE: V a 50' DATE: SEPTEMBER 20. 2002 GREENWAY ENGINEI 161 Ar w HILL LAM Engineers wINC 9THti, VA. 22608 Surveyors 7BISPHONE: 540) 602-4185 FAY: (640) 722-9528 1971 www-gr68A yeng.00m g •w�.....i� Ic RREN S. FOL No.0o2257( co N le Q� _ sut�vv�. °fir' 2291 SHEET 7 OF r� 0 7 ATTACHMENT "Byy WV- 17�,V7 A 0 OWNER �7 1: 7AX MAr N' . 7 c B ---------------------------------------------- ------------------------ ------------------ ------------ H EA IR N� OC!D? RON7, 60' BACK: 7 �AIN: SUID Dl v sl ON CANTER T_-S7,ATE` G F,7,: E;;,. .1. AREA: ZONE: Residential Performance CN"*:R FRM: RIGI T-jF-WAY: 5 F C'.; P NC.. SITE PLAN; n,.'�RFCTIONS TO SITE: Take 521, Scuth to new entfr_e C4.'jte!:'St;lteS "i v e 1 1. p W ith'pr, f Face Z61 B-2 "se l.0ui. "R," Resder., ..al USF CO,!': F6zl_y e I i.i 'I q Six A R 71 W7t K ------------------------------------- ---------------------------------------------------- E A -------------------- SEKc TBAC' k fi SURVEY")-ii .D NLTII K. -BRUCE EDENS 0001 62-B RE RE': NA Tu' R E < s 0 0 ATTACHMENT CV7 ---- ------------- L!'7 PHONE T A DESCR7P-- or C0A4STPUC7ION' CAI 97CTION: BL Ar N 0 �X A': T E --------------------------------- ---------------- ------------------------------------------------ PEt A! 2 K ? A IN. S77 new n n 7: Page 267 C. T. 'y Dwe: linc '-V Z Id, R F ----------------- -------- --------- ....... ----- ---------- .......... - --------------- --------- --- s E B A CX R H 1 C F E 7— S z V-mTH 0.1 E _-DOUG No. ool 197 Sulcq A i CL;4VE DELTA ANGLE RADIUS ARC LENGTH TANGENT CHORD LENGTH CHORD BEARING Cl 273853" 144.00' 69.49' 35.43 68.81' S 467544" E �t�tnu: TR — TR7iS—FORMER TRB — TELE. RISER BOX WM — WATER METER DHF — DRILL HOLE FOUND FIFE — FINISHED FLOOR ELEVATION GFE — GARAGE FLOOR ELEVATION BFE — BASEMENT FLOOR ELEVATION BRL — BUILDING RESTRICTION LINE X(708.0) — EXISTING SPOT ELEV. �d A LOT 127 /NS L O T 126 - LOT 161 GRATE ELEV—(703.81) FLOOD NOTE: ZONE: C COMMUNITY NO.: 510063 PANEL:- 0200 B DATE: 07-17-78 LOT 160 'v J 6�:7'25, 069 S.F. ,115 71,j I j J J \ D > J �. DECK �,. 352 2 SVY 715.09 �ICK��rrE" 713.55 �. DMf1 BFE - 706.17 DWA 1 ,26N 31.1' 6 Q yS' Poo_ � Wig' NOTES: �\\\ 1. NO TITLE REPORT FURNISHED 2.) PROPERTY IDENTIFICATION NO. 7613-1-3-160\� 3.) EASEMENTS OTHER THAN SHOWN MAY EXIST. 4.) IRON RODS TO BE SET AT LOT CORNERS WHEN FINAL LOT GRADING IS COMPLETE. 5.) THIS LOT IS SUBJECT TO A 15' UTILITY EASEMENT\ AND AN 8' ACCESS MAINTENANCE EASEMENT ALONG MAVERICK COURT. N\\ SURVEYORS CERTIFICATE I HEREBY CERTIFY THAT THE INFORMATION SHOWN ON THIS PLAT IS BASED ON AN ACTUAL FIELD SURVEY MADE UNDER MY SUPERVISION ON NOVEMBER 13, 2003 AND THAT TO THE BEST OF MY KNOWLEDGE AND BELIEF THERE ARE NO ENCROACHMENTS OR VISIBLE EASEMENTS UNLESS SHOWN. HOUSE LOCATION & TOPOGRAPHIC SURVEY LOT 160 SECTION THREE - PHASE 1 CANTER ES TA TES / 115 AM VERICK COURT SHAWNEE MAG/STEERML. DISTRICT FREDERICK COUNTY, ORGINIA 0 DATE. 11112101 I SCALE — 1 "— 40' I SHEET 1 OF 1 EXISTING DWELLING X. 10' GAS LINE EASEMENT n 0' 40' 80' SCALE N 1 " = 40' Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET N WINCHF,--ER, VIRGINIA 22601 PHONE (540) 667-0468 N FAX (540) 667-0469 - EMAIL office0marshandlegge.com, TH OF Nouas C.Le ge . 0011 7 .4 sUitv�'� DRAWN BY: C.GREENSPAN DWG NAME: ID5286-HLS APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA MUST BE TYPED OR FILLED OUTININK - PLEASE PRINT 1. The applicant is the owner V other . (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: ZZ4,f,Q,/ T/VEw M ty ADDRESS //ti /"IAvi e-cl( C S TELEPHONE: CSg_v) NAME: �K 24 W. ADDRESS: / / ,-)" /0 ,q vC �P,'C 1r cz; TELEPHONE: < yl � - q a 3. The property is located at (give exact directions and include State Route numbers): o� EN2"4,yaw LAnItE� G S f✓iCL=S 7iillE SFCUn/d a N I AVA�e;ck 62. ,45;d[rjcc' "S /(n4z) 6/V //.='r ;NC4)r.) ;/,j pj� C egy , 4. The property has a road frontage of 7 feet and a depth of 014 feet and consists of acres (please be exact). Page 5 of 9 5. The roe is ownedb % ,F �/(� �� . /��=wy,, r�,�/ as evidenced property rtY Y by deed from r r4 /�/,)r �N s a "'es recorded (previous owner) in deed book no. 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: (/ f3 w iv 15, 7. Property Identification No.: 1? M - / _ �-/Go 8. The existing zoning of the property is: 9. The existing use of the property is: •�� 10. Adjoining Property: USE North ift s; 4- East South West ZONING 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.") 4) d vg-✓l = S Z Z r � I/ /f R; Y7 IV C G /3 N J d /I5 41 1 �d rs-,c )-- //-)�),/, 12. List specific reason(s) why the variance is being sought in terms of. exceptional narrowness, shallowness, size or shape of property, or �i_> �� n �✓� <X,� yEJ exceptional topographic conditions or other extraordinary situation or condition of property, or the use or development of property immediately adjacent thereto PX/i S L= If ZZ,NC/Sbi1�s_ Page 6 of 9 13 . Additional comments, if any: 4� 19 s It- AC�In- c XCI J 12= ZL ✓ e 4P-:- 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: 1S,+ > Address 113 c.f. 4� ei, Ci VA 22-G4'y' Property ID # ._,3 i Address C4, Property ID # 7 C, 7 -_ l _ -j L°U ry , Lver� 3, + cJ L Address iea �i�5 Gi VAt— Property ID # L tx�rt� i Lc��GP, G, Address WG 30-flc.cl G , .V'4 Property ID # 1,-2 { vt Z 0 F Dew J A, -4 A, Address (lei � � � (� � e4, S C 'PI".-ti Property ID# 2- t Z S �(, 5 ,1.�; �., (' Z . Address 1 l G� R4 ctv2t-;r.lc' 64" e,+;2 . 4 qN ' er -+ i.�.tL 2Z s �' Property ID # E�; _ ._ ; _ ,6 Address Property ID # Address -Property-IDS#-- — — - Page 7 of 9 0 15. Provide a sketch ofthe property (you may use this page or attach engineer's drawing). Show proposed and/or existing structures on the property, including measurements to all property lines and to the nearest structure(s) on adjoining properties. Please include any other exhibits, drawings or photographs with this application. ,� —rEz 19 el�� Z J )t- " z Page 8 of 9 AGREEMENT VARIANCE # 10`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 of my knowledge, true. j 1-;7 SIGNATURE OF APPLICANT DATE SIGNATURE OF OWNER (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF / % 0 J ACTION: -DA - a� APPROVAL SIG DATE DENIAL DATE: '!�- 11-7 10,,� Page 9 of 9 oz�ccol- 9 • Harry and Ruth Newman 115 Maverick Court Stephens City, VA 22655 March 31, 2005 County of Frederick Department of Planning and Development ATTN: Board of Zoning Appeals 107 N. Kent Street, Suite 202 Winchester, VA 22601-5651 To Whom It May Concern: This application is a formal request for a "variance" from Frederick County to allow the existing basement steps at the above address to remain in their current location. This is an "extraordinary" situation that we and the County find ourselves in. Reference the Department of Planning and Development letter, dated February 28, 2005, RE: 115 Maverick Court; Property Identification Number (PIN): 76-1-3-160 Zoning District: RP (Residential Performance). This letter notified us of the building code violation by the basement steps of our recently constructed and purchased new home extending into the County -required "side -yard setback". We do not dispute the fact that the basement steps are in violation, now that this has been brought to our attention. Having now reviewed the code restrictions, the steps obviously do not meet the County requirements, however, it must be noted that the walls of the steps are an integral part of the basement structure of the house, as built originally. This is a newly constructed home we bought in November 2003. We have lived in this home since and have made no changes to the outside of the home since moving in, and it is very disconcerting to be notified of this violation at this time (some 15 months after purchase and required Frederick County inspections), knowing that Frederick County issued a building permit for the construction by Eagle Place Industries and also issued an occupancy permit, allowing us to close on the house and to occupy it. It must be noted that there was never a "complaint" from anyone regarding this issue, as the above referenced letter states. There was not even a concern expressed by a neighbor or anyone else in the neighborhood. The violation was noticed by the Department of Planning and Development on the Housing Location & Topographic Survey (on file at the County Offices) while reviewing county documents while addressing a neighbors question regarding HIS property. The County has had this documentation on file since the Building Permit was issued (site survey, etc), and the House Location and Topographic Survey (attached) was filed with the deed. One would think that a proper review of this documentation along with proper inspections earlier would have revealed the violation well before the occupancy certificate was issued in November 2003. This clearly was not done. Our neighbors most affected by this violation (the basement steps are on their side of the property), Karen and Gary Shipp, have indicated with their letter, attached, that they have no issues with the basement steps in their current location, nor the issuance of a "variance" allowing this. Obviously then, this requested "variance" would not be a detriment to this adjacent property, and it would rectify a serious County inspection mistake. The following facts justify the approval of this "variance". The Building Permit (#523-2003) was issued by Frederick County on April 24, 2003 (a copy is attached along w/ County documentation). I can only assume that this action went through the proper process at the Department of Planning and Development, to include a Final Site Plan approval. There were also many on -site inspections (as one would expect) of the house during construction, as evidenced by documentation in your County office (a copy is attached). There was also a "Setback Report" filed with the County by Marsh and Legge Surveyors, dated 21 March 2003 (a copy is attached). The Final Certificate of Occupancy inspection by the County was accomplished on November 10, 2003 (a copy is attached). This allowed us to close on the property on November 18, 2003 and move in the next day. It is important to note that the walls for the basement steps that are in violation of code by being too close to the property line, are part of the "poured" basement itself. We did not add the steps to the house following the purchase. In this regard, the house is today, as we purchased it, as new, in November 2003. Please see the attached photographs of the outside basement steps for a visual understanding of the situation. One can clearly see that the step walls are part of the poured foundation. It was mentioned at one of our meetings with the Department of Planning and Development Office that the referenced "side yard setback" codes are there for a purpose, such as a fence put up by our neighbor could block our access to the basement steps. We understand the issues involved here, however, it should be pointed out that Article VII Use Restrictions and Covenants of Canter Estates Homeowners Association, Para 5, Page 15. (I will have a copy at the BZA hearing) clearly states that, "No fence or hedge shall be constructed or planted in the front, nor along the side of any residence.........." As you can determine from the attached photos, no fence or hedge on the adjacent property would impact these basement steps if positioned appropriately and according to the community restrictions. If I am forced to correct the oversights by the builder, surveyor and Frederick County inspections, it would be very costly and certainly an undue hardship. An estimate is attached for $9,500. Note that the steps can not be simply "turned" toward the back of the house to be in compliance. First, there does not appear to be sufficient room (between the house and the property line) to do that, and secondly, the gas line to the house would be 2 0 0 in the way. The basement steps would have to be moved to another location, thereby requiring another entrance to the basement and the closure of the existing entrance. Obviously this would also be very disruptive, not to speak of having to invade the structural integrity of the existing basement wall. That is never good. The risk of adequately sealing the current opening is monumental. The risk in adequately invading the structural integrity of the,basement wall in another location is also considerable. Both could easily result in a very leaky basement due to poor drainage around the outside of the basement walls and potentially very expensive to correct. We, as residents of the Frederick County, must (and do) depend and rely on the County to protect us (through the required inspections) in the purchase of a new home by ensuring the various codes covering construction are met by the builder / surveyors. As the Frederick County "Site Plan Application Package" clearly states on Page 5, in Paragraph 6, "Final Certificate of Occupancy: ........................................ The inspection is necessary to ensure that all requirements shown on the approved site are completed. ........." And clearly (as stated earlier) there were a number of inspections leading up to this final inspection for occupancy that should have detected this violation, including the final inspection. This is clearly what we would have expected from the County inspectors. Now we are realistic enough to know and understand that mistakes can and are made, however,it it appears the County is now holding us, the current owners, responsible for correcting a costly code violation that we depended on the County to ensure were not there to start with (just as County documents state, it is the County's responsibility). This is very much unfair and just plain wrong. Both Mr. Beniamino and Mr. Cheran of the Frederick County Department of Planning and Development Office agreed that this violation "...should have been caught during the various inspections". I certainly agree with their assessment. Regardless what an inspector does or fails to do, or who the County depends upon for information (the builder and/or surveyor), the County should be responsible for its mistakes. If a Frederick County resident can not depend on his county to ensure the various building codes are met during construction, then why does the county have the requirement for the county inspections in the first place? Also, Mr. Beniamino and Mr. Cheran both told me the County depends on the surveyor to be correct in his survey as a certified surveyor (by the State of Virginia). It certainly appears that in this case the surveyor placed the house and steps correctly on the plat (and was properly filed with the County), and the County simply missed what we were told the County depends on to properly address compliance of the building codes. It would appear that the plat was not even looked at until over a year after the house was built and sold. We acquired this property in good faith, depending on Frederick County to conduct the proper inspections to "ensure that all requirements shown on the approved site are complete ". We have made no changes to the house that caused this violation of the required setback. The walls of the steps were and are an integral part of the basement wall construction. This is clearly an instance of an extraordinary situation / condition. Mistakes are made by all of us, but none of us should be made to pay for those mistakes of others. Authorization of this requested "variance" would certainly not change the character of the district — nothing would be changed from the current state by the 3 issuance of this variance. Keep in mind also that no one has complained about the situation of the basement steps extending into the required side yard setback, and there is no detriment to the adjacent property as evidenced by the attached letter from the adjacent property owner. Also attached for your reference is a map to the site location for attachment to the application for appeal. Thank you for your consideration of this request for "variance" on our property. ��-,�;A�hN ewtnan (540) 869-4274 ATTACHMENTS: 1. Marsh & Legge Land Surveyors, P.L.C. House Location & Topographic Survey dated November 11, 2003 2. Karen and Gary Ship letter, dated March 22, 2005 3. Building Permit (includes County file)ed April 25, 2003 4. Building Inspection History of Inspections for 115 Maverick Court 5. Setback Report by Marsh & Legge Surveyors, dated March 212003 6. Certificate of Occupancy (includes County file) dated November 10, 2003 7. Photographs of Property 8: Estimate by David R. Dill, Inc, dated March 22, 2005 9. Site Location Map 2 CURVE DEL TA ANGLE RADIUS ARC LENGTH TANGENT CHORD LENGTH CHORD BEARING Cl 27:W'53' 144.00' 69.49' 35.4J' 68,81' S 467544' E Tey�-L TRANSFORMER TRB - TELE. RISER BOX WM - WATER METER DHF - DRILL HOLE FOUND FFE - FINISHED FLOOR ELEVATION GFE - GARAGE FLOOR ELEVATION SFE - BASEMENT FLOOR ELEVATION BRL - BUILDING RESTRICTION LINE X(708.0) - EXISTING SPOT ELEV. s LOT 127 / i J N's Qc- LOT 126 LOT 161 E GRATE E D -(7a �� \ �- 1� 6 .7'S.F. 2� 069 � 1 15 24. J J �Y� 2 �'""FfE J15.09 G E . 706,11 8 FLOOD NOTE \\ POO .� ZONE. C COMMUNITY NO.: 510063 PANEL- 0200 B DATE: 07-17-78 L 0 T 759 NOTES: 1. NO TITLE REPORT FURNISHED 2.) PROPERTY IDENTIFICATION NO. 768-1-3-160\\ 3.) EASEMENTS OTHER THAN SHOWN MAY EXIST. \\ 4.) )RON RODS TO BE SET AT LOT CORNERS WHEW \ o p FINAL LOT GRADING IS COMPLETE. 5.) THIS LOT IS SUBJECT TO A 15' UTILITY EASEMENT AND AN 8' ACCESS MAINTENANCE EASEMENT A v ALONG MAVERICK COURT. A SURVEYORS CERTIFICATE 0 'y I HEREBY CERTIFY THAT THE INFORMATION A c`, 1 SHOWN ON THIS PLAT IS BASED ON AN ACTUAL �, FIELD SURVEY MADE UNDER MY SUPERVISION ON NOVEMBER 13, 2003 AND THAT TO THE BEST V��O OF MY KNOWLEDGE AND BELIEF THERE ARE NO ENCROACHMENTS OR VISIBLE EASEMENTS UNLESS SHOWN, HOUSE LOCA R ON & TOPOGRAPHIC SURVEY LOT 160 SECTION THREE - PHASE 1 CANTER ES TA TES EXISTING DWEL L ING X. 10' GAS LINE EASEMENT W6—F-TASEMENT i 0' 40' 80, SCALE 1" = 40' 04 115 UVERICK COURT smwmE YAGInERAL olsmlCr f7FEDERICK COUNTY, MGIN14 a4TF I111210J SME N 1 s 40' SHEET 1 OF 1 Marsh &Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET N WINCHESTER, VIRGJNIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 - EMAIL off s*nm lm(fog9&com _THO�Yr Do Ia.s C. Ls o. 0011 7 ,`p� ��44t,D' sva��o4 DRAWN BY: C.GREENSPAN DWG NAME: ID5288-HLS Mr. and Mrs. Gary Shipp 113 Maverick Court Stephens City, VA 22655 March 22, 2005 County of Frederick Department of Planning and Development 107 N. Kent Street, Suite 202 ATTN: Board of Zoning Appeals (BZA) Winchester, VA 22601-5000 To Whom It May Concern: We have been made aware of a property violation notice for our neighbors, Ruth and Harry Newman —115 Maverick Court; Property Identification Number (PIN): 7613-1-3- 160. The issue, as we understand it, is that the property's basement steps extend into the County's required side yard setback. Reference the Department of Planning and Development Office letter to the Newman's, dated February 28, 2005. This letter is to inform the BZA that we have no issue with the current location of the referenced basement steps of the Newman home. Other then insuring that if we should sell our -home at 113 Maverick Court and expand our existing garage to the legal setback limits that there will be no conflicts in doing so. This is not something they added since moving into the newly constructed home, but rather the way it was built when they purchased the home. The location of the steps does not adversely impact our property, and we support the Newman's appeal and request for a "variance", allowing the existing structure to remain. cerely,�/ 4Kar n and Gary Shipp (61(4M i �9 County of Frederick, Arginia INSPECTIONS DEPARTMENT B.UILDING 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 sa3-,?m3 Date Owner Type Building I I ovation 0a1,le (- E�:6lr- n 1('00 INSPECTIONS �i - a" zonn 3 Nue l link w [ Garacic , llt � , Cdcx-Irc-cI P" C ntractors, Erectors, or Owners of buildings or structures must notify the Inspector at the following points of construction, and they shall n t proceed beyond these points until the Building Inspector has Inspected and approved the work. I t, aectors d ials o.k. Date Failure to call for inspections constitutes A VIOLATION OF THE LAW. 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 jpints 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 needed 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 10132 Building Official / Inspect lW� 0 BUILDINOOCTION HISTORY OF INSPECTIONS P T NUMBER: 0000523 - 2003 PERMIT TYPE INSPECTION TYPE INSPECTOR RSLT 2003105101 SETBAC * � C O M M E N T S*+ setback surveyl Private Engineering Repor*P MARSH AND LEGGE FRONT 59.2- BACK 60.8' RIGHT 25.2' 2003/O5/23 BLD Footing LEFT 11.0- Private Engineering Repor*p 2003/05/29 BLD Wall NO COLUMN FOOTINGS INSPECTED AT THIS TIME. RUCKMAN Private Engineering Repor*P (11) INTERIOR COLUMN FOOTINGS ALSO INSPECTED, (3) #4 REBARS TOP AND BOTTOM OVER DOOR, 44 REBAR 18" OC VERTICAL AT BRICK LEDGES OVER 2' 2003/06/06 BLD Backfill/Draint Private En RUCKMAN gineering Repor*P 2003/06/09 PLUMB Groundworks INTERIOR CROCK AND PUMP USED, CONTRACTOR TOLD TO BACKFILL NO MORE THAN 3- UNTIL FLOOR SYSTEM IS PLACED. RUCKMAN Mike Puffinberger *p 2003/06/09 PLUMB 2003/06/10 BLD BACK WATER VALVE IN PLACE Groundworks Mike Puffinberger *R Basement Slab Private Engineering Repor*P WWM USED. CONTROL JOINTS RECOMMENDED. DRAIN TILES TO INERIOR CROCK AND PUMP 2003/06/10 BLD G Garage Slab RUCKMAN Private Engineering Repor*P STRUCTURAL SLAB. (4) 16"X16" GRADE BEAMS EQUALLY SPACED WITH (5) 45 REBARS 2" FROM BOTTOM IN BEAM POCKETS AT EACH END, 44 REBAR 12" OC EACH WAY DOWLED 3" INTO WALL PLACED MIDWAY IN 4" THICK SLAB WITH 6 MILL POLY FILM ON EARTH. FRONT OF SLAB ON SUBWALL AT DOORS. 003/06/19 BLD deck footing RUCKMAN Private Engineering Repor*P TRENCH FOOTING DUG 703/06/20 BLD wall repair RUCKMAN Private Engineering Repor*p 03/06/20 PLUMBI Water & Sewer 44 REBAR DOWLED AND EPDXYED INTO EXISTING WALL ON 4' CENTERS WITH 3 #4 REBARS HORIZONTAL AND #4 REBAR VERTICAL 3' O.C. CONTRACTOR TOLD TO PROTECT CONCRETE FROM RAIN. Kirby B. Place RUCKMAN *p 73/07/28 ELECT Service NO CUT-OFF NEEDED Kirby B. Place *p 200 AMP U&M 13/08/21 BLD Framing #22894 Kirby B. Place 'F 3/08/21 MECH Gas Piping CO 32879 - BRACE GABLE TRUSS ON BACK PORCH TO DETAIL. NEED SOLID BLOCKING ON OPEN AND JOISTS IN BASEMENT. ADD COLLAR TIES ON RAFTERS. NEED LVL DETAILS. GAS PIPING NOT INSTALLED. Kirby B. Place 'F 1/08/21 ELECT Rough Electric Kirby B. Place GAS PIPING NOT INSTALLED. *p i ti ti TO, �71t "I er VA 22601 EN A^ENT: VA 22&04 r p r z X1, Nl,MBF?: "SAC : 1996 DATE: 1,21 'SSUAY?'F DATE: RENEWAL DATE: X!'E: 2 4 CONTRACTOR NAME/ADDRESS OWNER AX '.!A? NO. 'B 1 16C SOT: L60 3 L 0 C X --- ----------------- NO. ------- ---------- --------- ---------------------- ------------ ---------------------- DISTRICT: SHAWNEE FRONT: 60' BACK: 31; B - D I V TS 10 IN, ;ANTER E"17ATES AREA: F,eder'.Ckt.owne ZONE: Residential Performance CNTit FRTGE: RIGHT-OF-WAY: S/E CUP NO.; SITE PLAN: To Sia k e 522 Scutt to new entrance of Canter Estates 3 Kaver,,cl< Court ;l0b site 'WIII be OP "A rl�t 7 E �ip o 1.�, p 2 s te Ij o IR, R e s e r. I a 1 tt5F f"O"D F J1^it7I a m y D W e n E T New A TU R E /W '.3 e 7 3 m 2W A - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - setback Report, 7P lr-T ------------------------------------------------------------------------------------- --------------- ------------------------ SURVEYOR 7NFORKAI--. NAME A,00 LVtm&9- S:`;NATURES o H. BRUCE EDENS .-No;-000162-8- ft eAl4Amfl-0i q, S'a 14.4, k, W4,90'? t S IAIYA — Fific ry 4 evq ( 4 mi o ! Z �y - 1 2�`� • Photos of Steps at 115 Maverick Court Stephens City The following photographs depict the Basement steps in question. The property line (where in the photograph) has been drawn in. Entrance to Basement (clearly, part of original foundation) NOTE: The walls for the basement steps are part of the original foundation and were planned from the beginning with the Build' g ermit (#523-2003), issued by Frederick County on April 24,2003. M w t� —5 ,�, , ` z *- W 1.4 -0011) 0 0 Showing Proximity to Adjacent Property (113 Maverick Court) 1 Showing Proimity to Adjacent Property (113 Maverick Ct) 2 AJ 1 / L GG f-�- c� p. n �0 �/ - ti e.�, ,N 7/� ,-,r-.-�4. L.�yG 1�✓�e. re� 2 I ` -11O1, all RR r� x t Al NO vii Angle Toward Street ra View From Front Yard Toward Back of Lot 3 0 0 / \ o 01 :cQ LOI, .1, r MY I , "I"- � r � 70 PpF� • E DAVID R DILL CONCRETE, INC 1135 SULPHUR SPRINGS ROAD, MIDDLETOWN, VA 22645 t5401 869-3854 / 15401 869-712i iaX VIRGINIA CONTRACTORS LICENSE # 2701 039519A ,5uluniard to., Ea010 Place Industries PO Box tsee Winchester, VA 22E04 Date Submith lob Location: Out Existing Welled Exit WQlte 4z on ovaoefte side of house; Cut out new gout replacing welled exits" exterior drvintile In these Arm; a in ExistinitDooe—y In" Felled Exit nstcd Cost to include the exeavxtion t abovc; wategproofing new wsUed exit oval of all concrete debris, Total Estimated Cost $ 9,300.00 tae,00n��u 959 CAT Loader • Houtiy Rat= will apply u, the event of ROCK CONWI'IC.)NS 5g t75,W, Yatr1 Additional Caxa�c 4Alwr us foodnp/wsile Q.c. Iivst roututfp, lbotinp dug WA mcldtoe, snR grotmd, hoL- au of 1-1, utiscr soil cundiLorm. etcl S 0.75d infi 's41iel>ar • Hnrizontal in i'ootutgs amUor Vortical ut Walls 6s. due to soil C:onaitlons an4/or Dackkfiu Height -To be detrrrwed `ty inspector at t Jlw. of ImpccXion) 1 Yh,Olyr1 adt Jumps iu Hootityia andlar Steps in Wails S 150,00/l'icch Anglcd or Hay Corn— Wmtcr Couditlom Hot W;dcr 5c Calcium Additive to Concrete poumd ui \Vu:tcr Tcntpwatures 5 7.SO/JcI 1d l3rickledge tukd/or 511111edge 5950.00/Millinlum lxr 110%w Hump to Your rcxAinp and/or WXlh nrepprea by: Mcepteo by: n4 Dote! Date: Z0'd IZLL6920trS NNIk-t1N00W18anA1AN0N00-1-1TG Wd 6S:01 900Z—ZZ—N1z1w • n I 61 a _.. _ PARKINS LAKEYYA D ►1MIf MAMA FANKT": r o �iE"� ccKa• MILL-, Wrhr +v T i4fM,gL Ctcal r�FRtatH wAxE �Io CANTER g o W . MA\ EST$ Oq ,ga 8 ACRESOf Gro y rift �Z. 5 �`�NT H Sacred Heart v 6Q + i i• Meaaiterr sQ<Vs Bu f ; II Q ARMEt ; RO X P ALBIN ' Y VILLAGt °�> THE-- 2 0 + oe CAMP ERtYcyr� K4 . � md� Ewa 'po 1,. t E CT Bon Rentah' fishing ,BLUE RI E% Fitoaa: £aan* HEN N T3 BUTTER SHERA ()$Frfshee Gob EASTGATE Plcnickrng / — —•M- _ EA RA W. g PTa4grounds /r<{/�t !INDUSTRIAL y 'o� Shthefs 1— PARK AX E Swimmrao POO 9 a 636 4 �P a B UE AVE PARK T P,KF _. _ a° ph K CHELOE _ rV RE AWN e - RD O FOREST ! LAKE tr; �4 522 44� 12 ' ESTS PINES d L. j • APR - 1 M OWNER NAME/A;ID :£SS EAGLE PLACE INDUSTRIES P.C. Box loon Winchester, VA 22604 PHONE: 540667-0961 TANS MAP NO.: 76P E ------------------------------ .�crm fie tc. 3�7F.- y:. 50' DAC"K ZS "RUB. 3 : T E A -I _L;R 9 C_nter _:Crate`. Lot _EC sect :Crn Eaq iI C%e ilea'. VA i'Z64 PHONE: ;,fir, 662 Oab' ESCRI°^:I?N' OF Ct'i."'I'RUCTIO'J LOT: r F nr TE I'ER?: DISTR C SHAW�'.fi SUii-_.V y. LANiTEit ESTATES A . ':..-..::4: wnC ZON Residentia: Performance : 4T-OF-WA'.. S. C'_-'. N0 3:._. :.:AN: NS TO S_".. Tape 52= Sol-Itc to new eat,,,;ce of maws- a r-4,z on Maverick Court ;Ob site wiii be on the Aft "+ae 26l B-`_ USE GRGUP: Use Group "R" Residential USE CODE'.: Single Family Dwelling SQ FEE':: 257E CNST.TYPE: New NATURE/WRK: Single Family Dwelling ----------------------------------------------------------------------------------------------------------------------- BUILDING PER.47T BLDG. SIZE 73X71 4 STCRIES # BEDROOMS 5 BATHROOM 2 !/2 BSMT SQ FT OF 2570 TOTAL # RM 14 Type Cons*, FCCt° Foundation F: .5t virder Waltz I+e3der Roo: Sys', Bear:na PT Smoke Del EarP; NOTE GARAGE 23X24:COVERS: NOTE NEAR DECK :0Y,17, COVERED FRONT PORCH 33X10 NOTE MOTE JOB VALUE: 150,000.C1i PERMIT FEE: _:r=hcr.p TOTAL +-------------------------------------- 64P.30 ! I hereby agree to comply witii all provisions of the Virainia 6.4• ? Uniform Statewide Building Code and the Zoning « Subdivision ! Ordinaaces as adopted by the County of Freder:cl:. CAfiG l & 2 FAMILY DWELL INGICCDE or ?uCA NA IONK. BUILDING COLE SURVEY STANDARDS REQuiR£D7 1NITIA' ' E DETAILED SITE PLAN REQlIiRED7 +G 1NTiIA 154.7el _..------------------------------------ - -----------...._--....------- VAjpl 1 cWa s i QrA 1w) �� DA / v Applicant (please print; REQUIRED IGNATL'RES S. Buildina Code Of ciai Zoning Ad m .istr tot AT %A R..: /d'Nc, A 4� C D21 FoII Y of Fre Brick Go' 11E14PAV-405A - f003 Winchester VA 22601 USBC: 1996 INSPECTION DATE: 11/10/2003 INSPECTION TIME: ELECT MECH PLUMB PLUMBI SETBAC 7/23/2003 7/09/2003 6/05/2003 6/04/2003 4/25/2003 OWNER NAME/ADDRESS EAGLE PLACE INDUSTRIES P.O. Box 1866 Winchester, VA 22604 PHONE: 5406620967 SITE ADDRESS CONTRACTOR NAME/ADRESS Eagle Place Industries 115 Maverick Court P.O. Box 1866 Canter Estates, Lot 160, Section 3 Winchester, VA 22604 PHONE: 540 662 0967 RE ACCOUNT#: 41107 DESCRIPTION OF CONSTRUCTION LOCATION TAX MAP NO.: 76B 1 3 160 SECTION: 3 BLOCK: LOT: 160 BLDG NO.: ------------------------------------------------------------------------------------------------------------------------ SET-BACKS: HEALTH PERMIT NO.: DISTRICT: SHAWNEE FRONT: 60' BACK: 55' FLOODPLAIN: SUB -DIVISION: CANTER ESTATES RIGHT: 18' LEFT: 11' AREA: Fredericktowne ZONE: Residential Performance CNTR : FRTGE: RIGHT-OF-WAY: GREEN CARD: S/E CUP NO.: SITE PLAN: DIRECTIONS TO SITE: Take 522 South to new entrance of Canter Estates make a right on Maverick Court job site will belon the left Page 261 B-2 NATURE OF WORK: Single Family Dwelling USE GROUP: Use Group "R" Residential USE CODE: Single Family Dwelling CONST. TYPE: New SQ FEET; 2570 ------------------------------------------------------------------------------------------------------------------------ ISS.DATE: 4/25/2003 RENEWAL DATE: BUILDING PERMIT CONTRACTOR: EAGLE PLACE INDUSTRIES BLDG. SIZE 73X71 # STORIES 1 # BEDROOMS 3 # BATHROOM 2 1/2 BSMT SQ FT OF 2570 TOTAL # RM 14 Type Const Footing Foundation Flr. Joist Girder Walls Header Roof Syst. Bearing PT Smoke Det. Egress NOTE GARAGE 23X24;COVERED NOTE REAR DECK 1OX17; NOTE COVERED FRONT PORCH 33X10 NOTE NOTE ------------------------------------------------------------------------------------------------ - --------------------- NOTES TO INSPECTOR: Inform Dave of Final Sewer Cut -Off May Be Required _ Certified As -Built Required for Final final - Inspection Results: SCHEDULED INSPECTOR : DJB PASS: _ FAIL: RESCHEDULE DATE: TIME: P ** C O M M E N T S * * INSPECTOR SIGNATURE: ') 4'' 1 I 11 v/ ti ti IN 10 N DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY, VIRGINIA w GIS, MAPPING, GRAPHICS WORKREQUEST S DATE RECEIVED: REQUESTED COMPLETION DATE: REQUESTING AGENT: Department, Agency, or Company:_ Mailing and/or Billing Address: Telephone: E-mail Address: ESTR\4ATED COST OF PROJECT: DESCRIPTION OF REQUEST: (Write additi " 0--bz-e A- L-06e) 104) /1'tfi/os F :T- . AJ - 4-76 R -- / -S --/6o DIGITAL: PAPER: SIZES: COLOR:. BLACK/WHITE: STAFF MEMBER COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: FAX: /"g r 'M,�1fitii-4'r /erg ./o �o S- ��e,ey ti CW" AJ FAX: E-MAIL: NUMBER OF COPIES: HOURS REQUIRED: AMOUNT PAID: CHECK NON Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) 1 7677-85 EBY/cmj a H :�9 JHU 03002659E THIS DEED, made and dated this day of November, 2003 by and between EAGLE PLACE INDUSTRIES, INC,, a Virginia Corporation, hereinafter called the Grantor, and HARRY T,VEWMAN and RUTH W. NEWMAAN, husband and wife, hereinafter called the Grantees. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantor does grant and convey, with General Warranty and with English Covenants of Title, unto the Grantees, as tenants by the entirety in fee simple, with survivorship as at common law, together with all rights, rights of way, privileges, improvements thereon and appurtenances thereto belonging, all of the following realty: All of certain lot or parcel of land, together with all improvements thereon and all rights, rights of way, and appurtenances thereunto belonging, lying and being situate in Shawnee Magisterial District, Frederick County, Virginia, and more particularly described as Lot 160 on that certain "Final Subdivision Plat, Canter Estates, Section Three -Phase 1" drawn by Darren S. Foltz, L.S., dated September 20, 2002 attached to that certain Supplementary Declaration of Covenants and Restrictions, dated November 15, 2002 and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, as Instrument Number 020019782. AND BEING the same property conveyed to Eagle Place Industries, Inc., a Virginia Corporation by deed from Jasbo, Inc., a Virginia Corporation, dated May 23, 2003 of record in the aforesaid Clerk's Office as Instrument Number 030012361. Reference is here made to the aforesaid plats, deed and the references contained therein 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. The Grantor does hereby covenant that it has the right to convey to the Grantees; that the Grantees shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and it will grant such further assurances of title as may be requisite. APR ' 1 2005 4 The execution of this deed has been duly authorized by the Directors of the Grantor Corporation and nothing in the Corporate Charter or By -Laws reserves the power unto the stockholders to convey a part of the corporate real property. WITNESS the following signature and seal: EAGLE PLAW INDUSTRIES, INC., a Virginia STATE OF VIRGINIA (SEAL) CITY/CSN,4-HT OF \Mi r'YC�'ps`�e , To -wit: a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that James G. Gibson as President and duly authorized officer of Eagle Place Industries, Inc., whose name is signed to the foregoing Deed, dated � E5t"N day of November 2003, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this I8-tc' day of November, 2003. My commission expires o1,4y palic T'ho iasuu to was ptepated by, Edw{p a Yost Kuykcnd&g, Johnston. McKee & Butler, P.LC 112 South Cameron Strect wurh"cr, virticis 222601 (540) 662 34&6 C t \WFDOCS \Daode \ftavmen. tba . vpd • 1 2M5 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING May 3, 2005 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #10-05 OF HARRY AND RUTH NEWMAN On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, May 17, 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 910-05 Harry and Ruth Newman for a five foot left side yard variance. This property is located at 115 Maverick Court, and is identified with Property Identification Number 76B-1-3-160 in the Shawnee Magisterial District. Any interested parties having questions or wishing to speak may attend this hearing. A copy of the application will be available for review at the Handley Library or the Bowman Library the week of the hearing, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, Zoning and Subdivision Administrator MRC/bad 107 North Kent Sheet, Suite 202 - Winchester, Virginia 22601-5000 y This is to certify that the attached correspondence was mailed to the following on 3 p� from the Department of Planning and Development, Frederick County, Virginia: 76B - 1- 3- 160- NEWMAN, HARRY T & RUTH W 115 MAVERICK CT STEPHENS CITY, VA 22655.4833 76B -1- 3- 161- JONES, RICHARD D 117 MAVERICK CT STEPHENS CITY, VA 22655.4833 _ l 76B - 1.3-159- SHIPP, GARY K & KAREN S 113 MAVERICK CT STEPHENS CITY, VA 22655.4833 76B -1- 2- 126- EMBREY, LANCE G & CATHY G 116 JUTLAND CT STEPHENS CITY, VA 22655.4818 76B - 1- 2- 127- LOUGHRY, EVERETT B & LINDA C 118 JUTLAND CT STEPHENS CITY, VA 22655.4818 76B 1- 2.125- INZEO, DAVID A & JODI A 114 JUTLAND CT STEPHENS CITY, VA 22655.4818 STATE OF VIRGINIA COUNTY OF FREDERIC ark R. Cheran Zoning & Subdivision Administrator Frederick County Planning Dept. a Notary Public in and for the State and County aforesaid, do reby certify that Mark . Cheran, Zoning & Subdivision Administrator, for the Department/if Planning and Development, whose name is signed to the foregoing, dated d" , has personally appeared before me and acknowledged the same in my State a6d County aforesaid. Given under my hand this 1/ day of)` — My commission expires on /,/iCg VaN /qeClc-� roc `o-L 04,ey a-, JC' u-T4 /Ug tt'114e tl 13. Additional comments, if any: s C C�It;' 6 , e d /'I �P?1�1�.6_ TO: Barbara - Data Processin FROM: Bev - Planning Dept. g Please print sets of labels by: TH"KS111 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 !ov�S �;c ku rci D r Aid s Address / 17 or, z Ci` 5k ,s cZ2lvS3- Property ID # .7-1(1 Address i i 3 .Mz ✓e rec 4 Cf, Property ID # '126 Q .- - -3 // Address Ili TL V 1,J Ct Property ID # g -- , - _ /2-6 Address // Elw.l Ct "o-fs Property ID # 76 - i - Z - i Z �� , �< < , ;- 7` I Address I / H T,,}- i�cl / r Property ID # %!� ►3 - 1 - Z -� 2 �— Address Property ID # Address Property ID # Address Property ID # - ---- -- - - Q �� Page 7 of 9 W/eme(-4� X'�Q. �/0-°5 Cody 1-14,C y d Wr�4 ti'67u /Ad,) 13. Additional comments, if any:�- TO: Barbara - Data Processl FROM: Bev - Planning Dept. ng Please print sets of labels by: THAINKS111 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 2ic6r-ci D r tlodrrc k Address !I� Property ID # Address 11 3 'Ot-;` r-"C I C1 Property ID # -7( t3 - - 3 - /s- y Address Il, T� H, J Cr C i, V z z�ss Property ID # 7& LeUvliry, L=%jefLl4G.-Id'.. Address t"P�(S t/,--/y VC, Zz(� Property ID # '76 i z -7- Z n 7 c o, 'emu %D J o CI , Address I I J szz,ys Property ID# 7(, 3- Address Property ID # Address Property ID # - - Address -Prop- ID if -- ------ Page 7 of 9 Document Approval Form I� 11 V flAPR L :i L--- FREDERICK COUNTY PLANNING e- DEVELOPMENT PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE NITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE COMMENTS AS TO WHA T YO U WO ULD LIKE TO HA VE COMPLETED. INITIALS DATE & TIME Candice David Mark Susan Eric COMMENTS: Received by Clerical Staff (Date & Time):