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HomeMy WebLinkAbout18-06 Z. L. Metz Contracting 35' Side Yards - Shawnee - BackfileBOARD OF ZONING APPEALS Variance Request Tracking Sheet Date: File opened g 3 1 0G Reference Manual updated/number assigned L 0 D-base updated <2-6 L-X-)IQ 66 one-B" loco#tef-map requested from GIS %fib; , L/,S 7r-O K 7 it Two sets of labels requested from Data Processing q• 1.04P File given to Renee' to update Application Action Summary 74T7 1 r 1 �;� 4 CLOSE OUT FILE: `0 41�� Approval (or denial) letter mailed to applicant/copy made for file o File stamped "approved", "denied" or "withdrawn" -A 14 o1440 Reference Manual updated D lLo6 D-base updated !D• �c� p (� File given to Renee' for final update to Application Action Summary M� ev\Common\Tracking sheets\BZA Tracking bza Revised 0S125/01 m a m m a cc 0 a DATE RECEIVED FROM '7- D RESS { )�7 �K l f i ❑FOR RENT I UFOR o-k, O -.j t (') D AMT. OF CASH ACCOUNT AMT. PAID J CHECK t BALANCE MONEY DUE ORDER No. 9 113 a a -, 44ai O U DOLLARS $ 'b w y *Al BY'C�A: y I - - urban,. 'All� Christopher G. Blair Urban, Ltd. FIELD SURVEY COORDINATOR 210 Front Royal Pike cblair@urban-Itd.com Winchester, VA 22602 PH 540-450-0211 FX 540-450-0210 I ♦ ��� i Cps .� I ..i.. COUNTY of FREDERICK 4 .t w Department of Planning and Development 540/665-5651 �"6tw FAX: 540/ 665-6395 MEMORANDUM TO: Finance Department FROM: Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: January 8, 2007 The amount of $50.00 was deposited in line item #3-010-019110-0008 for the company named below had a deposit for one sign for a Variance #18-06 for Z. L. Metz Contracting. The company has returned the sign and is therefore entitled to the return of the deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $50.00 to: RSA/pd Z. L. Metz Contracting PO BOX 2999 Winchester, VA 22604 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 . � • l`l fv�� ado vo �tAa ` T A X R E C E I P T Ticket #: 00005500001 a Leo°fE DERICK COUNTY Date Register: 9/05/2006 CJO/CJ WILLIAM ORNDOFF, JR Trans. #: 29033 des P.O. BOX 225 Dept # 1095 WINCHESTER VA 22604-0225 Acct# SIGN DEPOSITS PLANNING Previous Balance $ 100.00 3 J Principal Being Paid $ 100.00 Penalty $ .00 Interest $ .00 Amount Paid $ 100.00 *Balance Due $ .00 Cash 25.00 Pd by DEPT OF PLANNING Check 6565.00 # CKS 9/2006 BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH l�� loo $fig `SO�c �s �'° oene� sQ�ayea �,c`e as aJe fo `°be J�`cens ob�a4� aeca`s.�4�er ��`�� be ea ewe EO�ee �4toQ � °� safe 59 Je ,�aYe em nec °f�he X1.6 15 c1 i • AMT. OF ACCOUNT CASH AMT. PAID CHECK BALANCE MONEY DUE ORDER • 0 COU a o K Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 October 18, 2006 Mr. David Lellock Urban Engineering & Assoc., Inc. 210 Front Royal Pike Winchester, VA 22602 RE: VARIANCE REQUEST #18-06 OF Z. L. METZ CONTRACTING, LLC, WITH CONDITION Dear Mr. Lellock: This letter is to confirm that the above -referenced application was approved by the Board of Zoning Appeals, with a condition, at their meeting on October 17, 2006. The request on parcel bearing Property Identification Number 77-A-51 was for a 35 foot side yard variance on both sides, resulting in 15 foot side yard setbacks. However, the Board of Zoning Appeals voted that the proposed dwelling be pushed back 220 feet from Route 644 allowing the rear of the proposed dwelling to be 20 feet from the existing septic tank. The property is located on the right side of East Parkins Mill Road (Route 644), approximately 1,260 feet from the intersection of Route 50 East and East Parkins Mill Road. If you have any questions regarding this action, please feel free to call this office. Sincerely, A&a"M_ 40 Mark R. Cheran Zoning and Subdivision Administrator MRC/bad cc: Z. M. Metz Contracting, LLC, PO Box 2999, Winchester, VA 22604 Jane Anderson, Real Estate John Trenary, Inspections 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 E October 18, 2006 Mr. David Lellock Urban Engineering & Assoc., Inc. 210 Front Royal Pike Winchester, VA 22602 RE: VARIANCE REQUEST #18-06 OF Z. L. METZ CONTRACTING, LLC, WITH CONDITION Dear Mr. Lellock: This letter is to confirm that the above -referenced application was approved by the Board of Zoning Appeals, with a condition, at their meeting on October 17, 2006. The request on parcel bearing Property Identification Number 77-A-51 was for a 35 foot side yard variance on both sides, resulting in 15 foot side yard setbacks. However, the Board of Zoning Appeals voted that the proposed dwelling be pushed back 220 feet from Route 644 allowing the rear of the proposed dwelling to be 20 feet from the existing septic tank. The property is located on the right side of East Parkins Mill Road (Route 644), approximately 1,260 feet from the intersection of Route 50 East and East Parkins Mill Road. If you have any questions regarding this action, please feel free to call this office. Sincerely, Mark R. Cheran Zoning and Subdivision Administrator MRC/bad cc: Z. M. Metz Contracting, LLC, PO Box 2999, Winchester, VA 22604 Jane Anderson, Real Estate John Trenary, Inspections VARIANCE APPLICATION #18-06 Z. L. METZ CONTRACTING, L.L.C. Staff Report for the Board of Zoning Appeals Prepared: September 25, 2006 Staff Contact: Lauren E. Krempa, Zoning Inspector 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: October 17, 2006 - Action Pending LOCATION: Right side of East Parkins Mill Road (Route 644), approximately 1,260 feet from the intersection of Route 50 East and East Parkins Mill Road MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER(S): 77-A-51 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) Land Use: Vacant ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) South: RA (Rural Areas) East: RA (Rural Areas) West: RA (Rural Areas) Use: Residential Use: Residential Use: Residential Use: Residential VARIANCE REQUESTED: 35 foot side yard variance on both sides (resulting in 15 foot side yard setbacks) for a single family dwelling REASON FOR VARIANCE: Narrowness in the front of the property 0 0 Variance #18-06 — Z. L. Metz Contracting, L.L.C. September 25, 2006 Page 2 STAFF COMMENTS: Frederick County adopted zoning in 1967. The Frederick County historical zoning map shows this property was zoned A-2 (Agricultural General) in 1967. The property setback lines at the adoption of the zoning ordinance were 35 feet for the fronts and 15 feet for the side yards. Frederick County amended its Ordinance in 1989 to change the A-2 zoning districts to the current RA (Rural Areas) Zoning District, making the current setbacks for the property: 60 feet to the front, 50 feet to the rear, and 50 feet to both sides. This variance would change the setbacks for the side yards to 15 feet. STAFF CONCLUSIONS FOR THE OCTOBER 17, 2006 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 35 foot side yard variance on both sides. Should this variance be granted, the building setbacks for this property would be 60 feet in the front, 50 feet in the back, and would change to 15 feet on both sides. It appears that this variance meets the intent of the Code of Virginia, Section 15.2-2309 (2). This request from the current setbacks of the RA zoning district may be justified. ?1 a'� 7 £r W LANDSCAPING, Irt. OWvDORFF, KAY W. SGe •. e ,a%F, •� �� } � - � ti,, 4s�'� � .. �� r�.. '�. �� ark��S'MiII.Rp , ' Wtilj9,c Z HQGN DONALD f t '►' i '+ WA IS iii4V y 5 g ,� A 4 z�,� , ' , � t � °� ... ., V .� ;, `r♦ .fig. ,r- 3 � a 77 A 55 f r^1 ' /- y/ry_ F� �`s HAYMAKEiL. UEORLE H 7R11 ' *. 10, w: ♦ > tt /� ` .Lf �,' r ,, . HAYMAKEoRL,E M'. '. w �4 DAV 5. AV fy i7 A 451, t % R 4�Wi VAR # 18 - 06 — N�u **I- T- Z.L. Metz Contracting oP Aerial Map (77-A-51) 0 75 150 300 Feet 71-A l 00 • • APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA -OFFICE USE ONLY - Variance Application Submittal Date: Fee Paid: CYO initials: Sign Deposit Submittal Deadline: For the meeting of f 7 °ln MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner _X other . (Check one) 2. APPLICANT: NAME:—Z. L. Metz Contracting L.L.0 ADDRESS—P.O. Box 2999 _Winchester, Va 22604 TELEPHONE: 540-678-1667 OCCUPANT: (if different) NAME: ADDRESS: TELEPHONE: 3.The property is located at (give exact directions and include State Route numbers): Property is located on the Right side of East Parkins Mill Road (Secondary Route#644). Approximately 1260ft(0.23mi+/-) from the Intersection of Rt. 50 E. and E. Parkins Mill 4. The property has a road frontage of _69.54 feet and a depth of and consists of _1.35149acres (please be exact). M 488.41_feet 00 0 • 5. The property is owned by _Z. L. Metz Contracting L.L.C. as evidenced by deed from _Robert R. Kennedy recorded (previous owner) in Instrument no. 060008783 in the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: _Shawnee 7. Property Identification No.:_77-A-5 8. The existing zoning of the property is: 9. The existing use of the property is: —Vacant 10. Adjoining Property: USE North _SFD East _SFD South _SFD West _SFD ZONING RA 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 35ft sideyard variance on both sides of the lot for placement of a house 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 _The lot is exceptionally narrow in the front. 7 0 • 13. Additional comments, if any: _Steep Topography and location of drainfield eliminate the option of house placement in the rear of the lot. 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 Paul L.Davis Address: 40 Pidgeon Hill Dr. Sterling, VA Property ID # 77-A-50 Charles L. and Ella Mae Tinsman Address: 236 E. Parkins Mill Rd. Winchester, VA 22602 Property ID # 77-A-52 Marie D. and Robert Watts Address: 3361 Millwood Pike Winchester, VA 22602 Property ID # 77-A-44 Albert C. and Kimberly D. Franklin Address: 110 E. Parkins Mill Rd. Winchester, VA 22602 property ID # 77-A-49 Hugh Donald Whitacre Address: 190 E. Parkins Mill Rd. Winchester, VA 22602 Property ID # 77-A-49B J&W Landscaping Inc. Address: 233 E. Parkins Mill Rd. Winchester, VA 22602 Property ID # 77-A-62 Kay W. Orndorff Address: 321 E. Parkins Mill Rd. Winchester, VA 22602 Property ID # 77-A-61 00 • 9 15. Provide a sketch of the property (you may use this page or attach engineer's drawing). Show proposed and/or existing structures on the property, including measurements to all property lines and to the nearest structure(s) on adjoining properties. Please include any other exhibits, drawings or photographs with this application. NOTM is INS MILL RO D 1. THIS PL WAS PREPARED WITHOUT THE VIRG IA SECO DARY ROUT #644 WAY) BENEFIT OF A TITLE REPORT AND MAY NOT \ (30 p ESCRIP IVE RIGHT - NECESSARILY INDICATE ALL ENCUMBRANCES ON THE PROPERTY. L1 \ 2. THE PROPERTY DELINEATED ON THIS PLAT IS 1 LOCATED ON TAX MAP NUMBER 77-((A))- AS LOT 51 AND IS ZONED: RA. �O E TING 3. THE PROPERTY SHOWN HEREON IS LOCATED �0-P 1 �POWE POLE 1� WITHIN ZONE "C", AN AREA OF MINIMAL ���0 1 �110' FLOODING, AS SHOWN ON FLOOD INSURANCE 0i10 Z 1 60 R.L. 0ri O' RATE MAP OF FREDERICK COUNTY, VIRGINIA, `' Z COMMUNITY PANEL NUMBER 510063 0200 B, EFFECTIVE DATE: JULY 17, 1978. o y I c 4. IRON PIPES WILL BE SET AT ALL CORNERS 9c� I A' I I 15.56' NOT PREVIOUSLY MONUMENTED UPON APPROVAL OF THIS APPLICATION. 15 75' 3g.0 I 1 PROPOSED 11 HOUSE 5. * DENOTES: POTENTIAL OVERLAP CREATED IN DEED 11 1 BOOK 914 AT PAGE 988 WITH AN AREA OF 249 SO.FT.t. 6.THE OUTER BOUNDARY OF PARCEL "B" WAS RECREATED USING ORIGINAL PLATS & `r PA111 ,.,A,,.1`. \\ \ p :;:t ;.; t? ::; ••,.:'t• DESCRIPTIONS FOUND IN DEED BOOK 2081••,; y_• �• L, ,• \ 0 <? ' . rviAP:.7(fA.)?-•rH�G:_ \Jl,l CJ "n't'..:'•'1:.:,....;+,.: AT PAGE 78, AND DEED BOOK 678 AT .H.M- ' iNRUME'NT 0030026'780 PAGE 775. -„ \ 1O „� 0 1 :.. :::�'r• : LE FA AiLY RES F 'N 11 U USESING 7. ALL ELEVATIONS BASED ON ASSUMED ( 1 �i5�\ 1rJ4o u v �, r• LOCAL REFERENCE DATUM. . \ •n r \ �I• -{I � � u S 62'59'16" E 15 .y' � u c \ `c\\ 1 '� r... Z \\\\ \\\\ `\\t\� PP X► TIN �tr ."'• \ W 0 TI `\ �� �— �/ /E`XISTING :11 OD \ \ \ \ D� � e l -\ \ E7fC TAN K v o \ \Ul \\ \ I. N B 0 0412 ` TI S 64'06'02" El ru cA 3.42' Nv ALBER'f C. R' Kii.41BERLY D.FRANKLIN •I•A:-i MAP-7'-((f\))-PARu C49 0�;06 4 DEED B00K 914 PAGE 988 37� ZONED: RA \ � \�RCEL� USE: SINGLE FAMiLY RESiCEN•11AL AC5Z 7.0\0��XISTN( 8 SQ.RFETS.tt) I FENCF,,' 1 a° 50 �� ����\,\ I 1 00 ' ��� Sp• h0 �' B C7 LINE TABLE �s�� ��•,��4� �: NO# BEARING DISTANCE `S�1 ��' r "��.•, �� L1 S 67 -16'57" E 69.54' 0' 50' 100' 150' Q�rS/�rg `\ �C SCALE: 1 " = 50' VARIANCE EXHIBIT SHOWING LAND OF Z. L. METZ CONTRACTING, L.L.C. PARCEL "B" TAX MAP #77-((A))-LOT 51 INSTRUMENT #060008783 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" = 50' 1 CONTOUR INTERVAL = 2' DATE: 8/24/06 DRAWN BY: MTD TAX MAP #77-A-51 INSTRUMENT #06-8783 SET BACKS FRONT: 60' SIDE: 50' REAR: 50' SHEET 1 OF 1 URBAN ENGINEERING & ASSOC., INC. CHECKED BY: CJR CIWL ENGINEERS " LANDSCAPE ARCHITECTS " LAND SURVEYORS 210 FRONT ROYAL PIKE WINCHESTER, VA 22002 PHONE (540) 450-0211 FAX (540) 450-0208 00 *! AGREEMENT VARIANCE # /9-1)(, (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. - "I O Q SIGNATURE OF APPLICANT ✓� - �� DATE SIGNATURE OF OWNER (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF -7 U 6 ACTION: ATE - APPROVAL SIGNED: DENIAL DATE: 10 1-771411ne-11, DATE BZA CHAIRMAN NOTES: • 1. THIS PLAT WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT AND MAY NOT NECESSARILY INDICATE ALL ENCUMBRANCES ON THE PROPERTY. 2. THE PROPERTY DELINEATED ON THIS PLAT IS LOCATED ON TAX MAP NUMBER 77—((A))— AS LOT 51 AND IS ZONED: RA. 3. THE PROPERTY SHOWN HEREON IS LOCATED WITHIN ZONE "C", AN AREA OF MINIMAL FLOODING, AS SHOWN ON FLOOD INSURANCE PARKINS M>�� VIRG IA SECO DARY ROU' (30' P'RESCRIP' IVE RIGHT Ll O � 1 E TING 1POWE POLE ��O 1 1 60' 1B.R.L. � I #644 —WAY) RATE MAP OF FREDERICK COUNTY, VIRGINIA, Z 0�� co COMMUNITY PANEL NUMBER 510063 0200 B, EFFECTIVE DATE: JULY 17, 1978. 10 7 (�' '1 4. IRON PIPES WILL BE SET AT ALL CORNERS I i 15.56, NOT PREVIOUSLY MONUMENTED UPON ��s I APPROVAL OF THIS APPLICATION. 15• 75' g8.0 ' PROPOSED 11 U HOUSE 5. * DENOTES: POTENTIAL OVERLAP CREATED IN DEED 1 -: BOOK 914 AT PAGE 988 WITH AN AREA OF 249 SO.FT.t. 1 I r 6. THE OUTER BOUNDARY OF PARCEL "B' \ WAS RECREATED USING ORIGINAL PLATS &' ` \ _. � lii:.;•i�^ \ \ �J i•'i i''i C.) •...t ....; C'i DESCRIPTIONS FOUND IN DEED BOOK 208...... .1 • • i'1';.it.j(:::__.\7t:1 °` c'7 -,: - "''.' �''• O !'1' AT PAGE 78, AND DEED BOOK 678 AT Ns••IZI,,_rl, ;�ca;ili1;6;''6\ \ `! x,:.:!.�"''.":.x: PAGE 775. ".,. ' ':• \ \ o I ,:;•+`::x• ` :. •..- . .. rU : .. t.} 7. ALL ELEVATIONSON ASSUMED LOCAL REFERENCE DAD � 00 i;r -" S 62'S9'16" u) x• E 152. 4' \ O Viz` 10 \ \ - ::!:. j• z \ \ `\ PAR EXF TING \ rn 1 �, \ ` D� Iil< 0( eTI �� �� \ 4 , _� �� /E`XISTING o \ \ I1. NU%�Bf 0�904a E�1'C,TANK S 64-06'02" 00 \ '3� \\ OD ;.... 243.42' CR C. iyi • .. ::=:•. � RQRCEL "B" -0 -Exlsl fg@,`&�` SQ.FT. t) r� 7.00����'\\�� 50 �'•• 4 3g 8' LINE TABLE 1``''���`'� �����•�` � NO# BEARING DISTANCE 1-1 S 671657 E 69.54' �•�?•? :�4 , �'rt. 1 < t,. z , 0' 50' 100' 150' SCALE: 1 " = 50' VARIANCE EXHIBIT SHOWING LAND OF Z. L. METZ CONTRACTING, L.L.C. SET BACK FRONT: 60' PARCEL "B" SIDE: 50' TAX MAP #77-((A))-LOT 51 REAR: 50' INSTRUMENT #060008783 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SHEET 1 OF 1 SCALE: 1" = 50' CONTOUR INTERVAL = 2' URBAN ENGINEERING & ASSOC., INC. DATE: 8/24/06 DRAWN BY: MTD CHECKED BY: CJR CIVIL ENGINEERS o LANDSCAPE ARCHITECTS o LAND SURVEYORS 210 FRONT ROYAL PIKE TAX MAP #77—A-51 WINCHESTER, VA 22602 INSTRUMENT #06-8783 PHONE (540) 450-0211 FAX (540) 450-0208 • • �fvrr�ir eed Printed On 0611212,006 By URBAN ENGINEERING & AS `t :. yk ti 0 0- co 1-4 o r: -H rn M dA b ai H a 0 U H SCULLY a cuss ATTORNEYS AT LAW 20 SOUTH KENT STREET WINCHESTER, VIRGINIA 22601 060008783 U7 THIS DEED, made and dated this 28d' day of April, 2006, by and between ROBERT R. XMITY, party of the first part, hereinafter called the Grantor; and Z L. MFTZ C4NTR4CTING, L.L.C., a Virginia Limited Liability Company, party of the second part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other good and valuable consideration, receipt whereof is hereby acknowledged, the Grantor does grant and convey, with General Warranty and with English Covenants of Title, unto the Grantee, in fee simple, together with all rights, rights of way, any improvements thereon and the appurtenances thereunto belonging, all of the following realty: All of that certain tract or parcel of land lying and being situate along the southwestern side of Virginia State Secondary Highway No. 644, commonly known as the Parkins Mill Road, about six miles southeast of Winchester, in Shawnee Magisterial District, Frederick County, Virginia, more particularly described as Parcel "B", containing 1.351 acres, more or less, as shown on plat and survey prepared by Quentin R. Shortt, C.L.S., dated March, 1966, recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 331, at Page 685, and in Deed Book 678, at Page 775, and by this reference made a part hereof as if set out in full; AND BEING the same property conveyed to Robert R. Kennedy by Deed from James A. Phillips and Vivian J. Phillips, husband and wife, dated March 21, 2005, recorded in the aforesaid Clerk's Office as Instrument No. 050005800. co 000 61 7�3 Printed On 06/122006 By URBAN ENGINEERING & AS 4 I- SCULLY � I GLASS ATTORNEYS AT LAW ZO SOUTH KENT STREET WINCHESTER. VIRGINIA 1i 22601 0 CJJ l?l Reference is here made to the aforesaid instruments, the attachments thereto and the references therein contained for a further and more particular description of the property hereby conveyed. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty WITNESS the following signature and seal: I - (SEAL) fipBE�T R N ®Y STATE OF VIRGINIA I CITY OF WINCHESTER to-w it: I, Sharon L. Hott, a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Robert R Kennedy, whose name is signed to the foregoing Deed, bearing date of the 281h day of April, 2006, has this day personally appeared before me and acknow0ecgec the same in my State anc jurisdiction aforesaic. Given under my hand this 28`h day of April, 2006. i i vIRVINIA: FRED _ . n' CT. I My commission expires June 30, 2009. Misinstrumentofwritiagwas produced tomeoa I at ' (I with certificate of admowiedgement thereto annexed F 1 . 2 gas admitted to record. T imposed by Sec. 58.1-802 of and 58.1-801 have been paid, if as;sescabk s i C c)(,,)wo 67�-3 Printed On 0G/12/2 006 By URBAN ENGINEERING & AS� i I 8K678PG776 10% 331 is tku i LEGAL DESCRIPTION .......-?AMC" "B" ...�.._ ._--.-- THUMAS U. UOLLGHTLY A portion of the Thmas D. Oolightly Tract on Route 644 east of Route 5U in Shawnee District, Frederick County, Virginia r as referred to in Deed.Book 2.U8 at Page 78, said portion hereby designated as Parcel "B" and more particularly described � as follows. Beginning on the southwest dine of Rbuto 644, ?IU' wide, U.3 chiles east of U.S. Route 5U at the northeast corner of .arl Peffer Lot and running with Route 644, S 66.2512V" E, 7U.UU#; thence on cutting lines through Golightly S 1562691U" W, 48Y.8U# to the line of Edna DeMayo; thence with DeMayo N 3695805U" '!, 277.881 to the Line of Douglass Orndorff; thence With orndorff N 15026'10" E, 128.891 to a corner of Earl Peffer; thence with Peffer S 65•3911U" E, 152.740; and N 1502611U" L, M.Utfr to the beginning containing 1.351 sores. VOOM ! 46 of �9M dswi Is so so 41 ZIA Af NNW f — . 0 �iisls esst �Cfek i i VIRGINIA: MDERfCK COUNTY. SCT. This instrument of writing was produced to me tree X Y 1 r �t}3� rxt with certit►tate 9�� e ` of acknowledgment thereto annexed was ads0lad to record. r CLERK of-,';�/%Ia,/ Printed On 002,9006 By URBAN ENGINEERING & AS� UK roam NOTARY CERTIFICATE AND ACKNOWL60OWNT I, Virginia Ritter, after having been duly sworn, do state that I was a notary public for the County of Frederick, State of Virginia on May 1, 1967, and that Thomas D. Golightly and Hazel Golightly, whose names are signed to the foregoing deed dated April 19, 1967, personally appeared before me and acknowledged the same. The notary acknowledgement on the foregoing writing contained a clerical error which failed to list the names of Thomas D. Golightly and Hazel Golightly as appearing before me. Given under my hand this day of April, 1988. w VIRGI17�4, TT R 1_ ,� (SEAL) Subscribed, sworn to, and acknowledged before me, ,I Shckl k/ , a Notary Public in and for e State o V rg n a,� rge, this 2o'fh day of April, 1988, by VIRGINIA RITTER. My Commission expires _ A,�t, 1% 1 M `• %St, (SEAL) ie,' �� ✓' 1 Ovv � i -7el:�7-7 Printed On 06/12/2006 By URBAN ENGINEERING & AS� �d- ..,t,�rt.stY/{-ti•1�;�f�+G ally' •. 's; Y�4kCr1 '�" lliCtlAl 0. GOLIOTLY Mh SihHee DISTILgI ,i,cale 111■ 1001 .�' V� March 120 u Stet D.B.-2U8 h bParcci « Aritd Ph 1.351 z �a • i o L.T U� 46ol ; Neff ��•. QUENTIN R. SHOW AS=IATES CERTIFIM LAND SURVEYORS U SST# RRADD K STREET VMINCH�STfR. �4R61fttll z2snl S`ak :ltiZ.i N DEPT. OF GEOGRAPHIC rNFORMATION1 SYSTEMS FREDERICK COUNTY, VI ROMA w E GIS, NLATPING, GRAPHICS wow REQ S DATE RECEIVED: REQUESTED COMPLETION DATE; REQUESTING AGENT; Department, Agency, or Company: - Mailing and/or Billing Address: Telephone: E-mail. Address: ESTIMATED COST OF PROJECT; DESCRIPTION OF REQUEST: (Write additi. &"je- InAlo FAX: ST �v/ DIGITAL: PAPER: FAX: E-MAIL: SIZES: COLOR: BLACK/WHITE: NUMBER OF COPIES: STAFF MEMBER COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: HOURS REQUIRED: AMOUNT PAID: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING October 3, 2006 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #18-06 OF Z. L. METZ CONTRACTING, L.L.C. On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, October 17, 2006, 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 #18-06 of Z. L. Metz Contracting, L.L.C., for a 35 foot side yard variance on both sides. This property is located on the right side of East Parkins Mill Road (Route 644), approximately 1,260 feet from the intersection of Route 50 East and East Parkins Mill Road, and is identified with Property Identification Number 77-A-51 in the Shawnee Magisterial District. Any interested parties may attend this hearing. A copy of the application will be available for review at the Handley Library and'the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerer Lauren E. Krempa Zoning Inspector LEK/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 i 4 This is to certify that thttached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia:-- - 77 - A. 77 A- - 51- 1 & W LANDSCAPING, INC. Z L METZ CONTRACTING, LLC 233 E PARKINS MILL RD PO BOX 2999 WINCHESTER, VA. 22602 4663 WINCHESTER, VA 22604 vp 77 - A- - 50- DAVIS, PAUL L 40 PIDGEON HILL DR STERLING, VA 20165.6130 77 - A- - 52- TINSMAN, CHARLES L. & ELLA MAE 236 E PARKINS MILL RD WINCHESTER, VA 22602.4659 77 -A- - 61- ORNDORFF, KAY W. 321 E PARKINS MILL RD WINCHESTER, VA. 22602.4664 77 - A- - 44- WATTS, MARIE D. & ROBERT 3361 MILLWOOD PIKE WINCHESTER, VA 22602.4655 77 - A- - 49- FRANKLIN, ALBERT C & KIMBERLY D 110 E PARKINS MILL RD WINCHESTER, VA 22602-4658 77 - A- - 49-B WHITACRE, HUGH DONALD WHITACRE, PENNY S 190 E PARKINS MILL RD auren E. Krempa, Zoning Inspector WINCHESTER, VA 22602 4658 Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I, , a Notary Public in and for the State and County aforesaid, do 1 -eby certify that Eaure E. -empa, Zoning Inspector for the De art ent of Planning and Development, whose name is signed to the foregoing, dated /D - , has personally appeared before me and aclaiowledged the same in my State and County aforesaid. Given under my hand this 3A7k day of o!q'l My commission expires on NOTARY UBLIC V fR t A 6 'u- IK-6 6 2 - IkF i z_ 0W'-jRCA t /AJC- P�-r/?,Iq-b--/L"- TO:BARBARA-DATA PROCESSING FROM:BEV - Planning Dept. Please pri t sets of labels by � 12 THANKS! 13. Additional comments, if any: _Steep Topography and location of drainfield eliminate the option of house placement in the rear of the lot. 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: Paul L.Davis Address: 40 Pidgeon Hill Dr. Sterling, VA 22-u o 2- Property ID # 77-A-50 Charles L. and Ella Mae Tinsman Address: 236 E. Parkins Mill Rd. Winchester, VA 22602 Property ID # 77-A-52 Marie D. and Robert Watts Address: 3361 Millwood Pike Winchester, VA 22602 Property ID # 77-A-44 Albert C. and Kimberly D. Franklin Address: 110 E. Parkins Mill Rd. Winchester, VA 22602 Property ID # 77-A-49 Hugh Donald Whitacre Address: 190 E. Parkins Mill Rd. Winchester, VA 22602 Property ID # 77-A-49B J&W Landscaping Inc. Address: 233 E. Parkins Mill Rd. Winchester, VA 22602 Property ID # 77-A-62 Kay W. Orndorff Address: 321 E. Parkins Mill Rd. Winchester, VA 22602 Property ID # 77-A-61 11A'Ild.a� IU--* 9 I ft/1)C6 Z � . IhF T2 0-91J-77-91fiC (1,JC_ P , AJ -,*''7`7-Iq-5 C----- �TO:BARBARA-DATA PROCESSING FROM:BEV - Planning bept Please pri t sets of labels by ©� THANKS! 13. Additional comments, if any: _Steep Topography and location of drainfield eliminate the option of house placement in the rear of the lot. 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: Ia-\►Tilt Paul L.Davis Address: 40 Pidgeon Hill Dr. Sterling, VA, 221e o 2- Property ID # 77-A-50 Charles L. and Ella Mae Tinsman Address: 236 E. Parkins Mill Rd. Winchester, VA 22602 Property ID # 77-A-52 Marie D. and Robert Watts Address: 3361 Millwood Pike Winchester, VA 22602 Property ID # 77-A-44 Albert C. and Kimberly D. Franklin Address: 110 E. Parkins Mill Rd. Winchester, VA 22602 Property ID # 77-A-49 Hugh Donald Whitacre Address: 190 E. Parkins Mill Rd. Winchester, VA 22602 Property ID # 77-A-4913 J&W Landscaping Inc. Address: 233 E. Parkins Mill Rd. Winchester, VA 22602 Property ID # 77-A-62 Kay W. Orndorff Address: 321 E. Parkins Mill Rd. Winchester, VA 22602 Property ID # 77-A-61 A 14 f� 0 i Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED. INITIALS DATE & TIME Candice Bernie Mark Susan Eric Mike .---Kevin, ��� /0G John Lauren COMMENTS: Received by Clerical Staff (Date & Time): U:\Pam\Common\Document Approval Form.wpd