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Home My WebLink About02-07 Gary Baylis - Shawnee - Backfilef BOARD OF ZONING APPEALS Variance Request Tracking Sheet Date: File opened �,) o` Reference Manual updated/number assigned % D-base updated l Zo Gtre43-& location map requested from GIS N Fl Two sets of labels requested from Data Processing l �3 b 7 File given to Renee' to update Application Action Summary MEETING DATE: a� [FINAL ACTION: —4p�z-- �el— CLOSE OUT FILE: 2 a Approval (or denial) letter mailed to applicant/copy made for file 4 b� /Zjd File stamped "approved", "denied" or "withdrawn" a �( 07 Reference Manual updated /0- l l07 D-base updated a.21. O-7_ File given to Renee' for final update to Application Action Summary U-\Bev\Common\Tracking sheets\BZA Tracking bu Revised 05/25/01 W 0 Loco cc 0 cc 11 DATE NO RECEIVED FROM ADDRESS ❑ FOR RENT ❑FOR AMT. OF CASH ACCOUNT AMT. PAID F CHECK BALANCE MONEY DUE ORDER BY DOLLARS $ ... .... ._._...,<_. a.<J...�..J �.......ALE Y COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 February 21, 2007 Gary W. Baylis 965 Summerfield Lane Winchester, VA 22601 RE: VARIANCE REQUEST #02-07 Dear Mr. Baylis: This letter is to confirm that the above -referenced application was approved by the Board of Zoning Appeals at their meeting on February 20, 2007. The request on parcel bearing Property Identification Number 65-A-187 was for a 49 foot right yard variance, resulting in a 51 foot right yard setback. The property is located south of Sulphur Springs Road (Route 655) near Opequon Creek in the Shawnee Magisterial District. If you have any questions regarding this action, please feel free to call this office. Sincerely, Mark R. Che Zoning Administrator MRC/bad cc: Jane Anderson, Real Estate John Trenary, Inspections 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 FIL*DPY 4 f COUNTY of FREDERICK w �TT Department of Planning and Development 540/665-5651 "GIN FAX: 540/665-6395 1'!JB MEMORANDUM TO: Finance Department FROM: Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: February 27, 2007 The amount of $50.00 was deposited in line item #3-010-019110-0008 for Gary Baylis named below had a deposit for one sign for a Variance #02-07. Mr. Baylis 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 l� Gary Baylis 965 Summerfield Lane Winchester, VA 22601 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 • • N r p N Q O s N U to� a r� A a a�3 '��)2Q aooa�,a11 AM a"oo Q aoQ �a4 a\\�A¢ say s �A' . ON 'SS \o lab \ vo�aS a tt�Q S°A astL�♦off s`��1aaAS a\¢s uo �`♦`dt`t ¢��a¢S a�oi aNe�s3 os�a as tt1., ¢ at1. sa goo ♦*�.1a3 s �.1s � �solfy S♦ Qo¢i ao0 asoa� � aA oa ♦� . ¢i aoQ a bass a�Aa (� aa`va�o ¢aaQ asva a1P aqo> s\ aoQ sS \ Qso 0Wo p� S y1�0 3 L�� sy�y FREDERICK COUNTYX R E C E I P T C. WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22604-0225 SIGN DEPOSITS PLANNING Ticket #:00005630001 Date 1/23/2007 Register: LJT/LJ Trans. #: 26452 Dept # Acct# ; 1095 Previous Balance $ Principal Being Paid Penalty Interes Amount Paid $ *Balance Due $ Pd y BALANCE DUENINCLUDE1/23/07 INCLUDES Check PENALTY/INTEREST THRU TH E MONTH PLANNING 1/23/07 50.00 50.00 .00 .00 50.00 .00 475.00 # VARIOUS 1/2007 VARIANCE APPLICATION #02-07 GARY BAYLIS Staff Report for the Board of Zoning Appeals Prepared: February 5, 2007 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: February 20, 2007 - Action Pending LOCATION: South side of Sulphur Springs Road (Route 655) near Opequon Creek MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 65-A-187 PROPERTY ZONING & USE: Zoned: Rural Areas Land Use: Vacant ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) South: RA (Rural Areas) East: Clarke County West: RA (Rural Areas) Use: Residential Use: Regional Landfill Use: Regional Landfill Use: Regional Landfill VARIANCE REQUESTED: 49 foot right yard variance resulting in a 51 foot right yard setback for the construction of a single family dwelling. REASON FOR VARIANCE: The property has exceptional shallowness due to topography and the location of the flood zone on the property. 0 0 Variance #02-07 — Gary Baylis February 5, 2007 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, 100 feet to the rear, and 100 feet to both sides. Therefore, based on the topography for this property and the existence of the flood plain, the applicant is seeking a 49 foot right yard variance. All other property setback lines will remain unchanged. This variance request, if approved, will result in a 60 foot front yard setback, a 100 foot rear yard setback, a 100 foot left yard setback and a 51 foot right yard setback. Staff would point out that a different variance request, for a front yard variance, was heard by this Board in December of 2006. That application was tabled, at the request of the applicant, and was then withdrawn by the applicant. For this variance request, the applicant has reconfigured the location of the house on the property and is now requesting a right side yard variance off of the Frederick County Landfill. Staff would also note that the applicant did obtain the necessary approvals for this dwelling from the Health Department and the Virginia Department of Transportation, proof of which is included in your agenda. STAFF CONCLUSIONS FOR THE FEBRUARY 20, 2007 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 49 foot right yard variance. Should this variance be granted, the building setbacks for this property would be 60 feet in the front, 100 feet in the back, would change to 51 feet on the right side and remain 100 feet on the left side. 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. MILLER gUR 6\( 65 A 189A a\E 65 18.04 ac. 16.36ac wv0 Q,ryy = v �myC MCDANIEL o r ,,� 65 A 189 15.57 ac. LAMBERT Q. & m R 65 A ac.6 B gIf1p, 'iq �B$c'y� 65CLA T089B 13.15 ac. Su�Qho1 SQr1ng �'° Gary Baylis 66 A 167 City of Winchester & Frederick County BOS Clarke County, VA (Landfill) 65 A 168 uy` oc o� OQ Frederick County, VA Variance VAR # 02 - 07 Application Gary Baylis Parcel ID: 65-A-187 Location in the County Map Features a Lakes/Ponds Zoning -r Streams B1 (Business, Neighborhood District) Streets B2 (Business, General District) 1IIIIIIIS, Primary 4D B3 (Business, Industrial Transition District) �.. Secondary — EM (Extractive Manufacturing District) '�.. Terciary • HE (Higher Education District) Q Application Ml (Industrial, Light District) M2 (Industrial, General District) 4W MH1 (Mobile Home Community District) MS (Medical Support District) R4 (Residential, Planned Community District) R5 (Residential Recreational Community District) RAZ (Rural Area Zone) RP (Residential Performance District) Location in Surrounding Area @CK Cp 0 125 250 50,0eet � y 0*.e - s • 0 R1ER MILLER BUR 186K 65 A 189A Frederick County, VA 65 Ill 18.04 ac. 36 a w a 3 ss ti9 t�� O �9 �y MCDANIEL Variance z d 65 A 189 15.51 ac. VAR # 02 - 07 m c Application LAMBERT a sF 65 3 186 6s04 ymP IFTON 20.37ac. ,q'Pp 'i ��y 65 .1 189B Gary Baylis S�2dc"0 °'n �sF.'� 13.15 ac. Parcel ID: 65-A-187 Location in the "unty SU\Pher SQrtag P-ua Gary Baylis 65 A 167 Map Features O Lakes/Ponds Long Range Land Use . Streams Rural Community Center Streets Residential City of Winchester 8 Primary Business Frederick County BOS Clarke County, VA .. Secondary Industrial (Landfill) '�. Terciary Institutional 65 A 168 Q Application Recreation Historic ® Mixed -Use ® Planned Unit Development v� o� a Oar Location in Surrounding Area CO) 0125"O"Ps eet 0 • Frederick County, VA Variance VAR # 02 - 07 Application Gary Baylis Parcel ID: 65-A•187 Location in the County Map Features O Lakes/Ponds Zoning Streams + B1 (Business, Neighborhood District) Streets • B2 (Business, General District) qU Primary • B3 (Business, Industrial Transition District) v Secondary • EM (Extractive Manufacturing District) ^. Terciary • HE (Higher Education District) 0 Application • M1 (Industrial, Light District) M2 (Industrial, General District) • MH1 (Mobile Home Community District) • MS (Medical Support District) 40 R4 (Residential, Planned Community District) • R5 (Residential Recreational Community District) RAZ (Rural Area Zone) RP (Residential Performance District) Location in Surrounding Area CK = 0 125 250 50p v eet m 0 0 N APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA -OFFICE USE ONLY - Variance Application No. 01Q_0 Submittal Date: I k _2 Fee Paid: initials: Sign Deposit t Submittal Deadline: For the meeting of MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner i,� other . (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: �Ji4-I� Ij(J',f �,(/ S NAME: ADDRESS/&,j_. ,y,�G/ �/ ,Q .44/ ADDRESS: TELEPHONE:�/o` _J� 8 f TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): ,�wl,A#wA s �,4 S A0A, ZAr 6 a O 7-0 C"ZEJieAl cam° �,�o� /s o/j/ 4. The property has a road frontage of ,$D(2feet and a depth of feet and consists of 3, "Z 3 acres (please be exact). Page 5 of 9 00 r-T-1 5. The property is owned by deed from �1 'S C'e' dX W,S. Y llls evidenced _ 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: ¢/ niSzzc r 7. Property Identification No.: <� S— A -12 7 8. The existing zoning of the property is: lk A 9. The existing use of the property is: 10. Adjoining Property: USE ZONING North ,1 AQ- ,4 East L' 4&&� e-- South�— West 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.") i 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 00''� Page 6 of 9 13. Additional comments, if any: 6_z'�'-- 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 7-01tl Address ZcQ //VC-9&--S D� Property ID Address C'CJ,C l,' 0 Property ID # _ C Address �Nc 1 C j - Property ID # - Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # Page 7 of 9 xI 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. Pnpv�/J �eciwc- /3 4 tV C)kIrl W 1 i- A AX-/s-It--� 0 r1JZ s67z--- AAC t4E /J Page 8 of 9 AGREEMENT VARIANCE # 0,� — 0 7 (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. SIGNATURE OF DATE /—/y SIGNATURE OF OWNER DATE (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF 6 o ACTION: -DA - APPR VAL SIGNED: -RZA CHAIRMAN DENIAL DATE: Page 9 of 9 12/01/2006 14:59 54072JM FRED CO EH 40 PAGE 01 =. Lord Fairfax E»viromental Health M ' tact 107 N. Dent St. Winchester, Virginia 22601 (540) 722-3480 FAX (540) 722-3479 Counties of, Clarke, Frederick, Page, a"'a ndoah, y ""', and City of F"nehester To: Frederick County Building and Inspections From: Ke"~in D. Yost, Frederick -Winchester Health Department Date: October 13, 2006 Subject: Existing sewage disposal system; Tax Map* 65TA-187 Gary Baylis property The health department has no objection to a building pest home on the subject properly, for a one-bedroomreplacement The sewage disposal system proposed to serve the replacement mobile home appeared to be functioning properly after needed repairs. A new sewer line may be required to serve the replacement dwelling i f current Permit expires. If so, a Health Department permit gill be required. No guarantee is given or implied that this sewage disposal system will continue to function properly in the future. Repairs will be required if the system rnal&uctions. Such i requite the utstallation of are alternative sewage disposal system. repairs may Thank you. Kevin D. Yost "ERMIT TO INSTALL OR REP®R WATER SUPPLY and/or SEWAGE DISPOSAL SYSTEMS P ase No. Oar ne ':f f -- ~ -iC� f' 'f f' =' Address a _— (Ma ng Address) Occupant Address 4'_= Phone (Mailing Address) _ Exact Location of Premises -%� (Subdivislon—Jrection = OWNER DESIRES TO: pTN- STALL ❑ REPAIR �Zvage ter Supply System ❑ Water Supply System Disposal System ❑ Sewage Disposal- System ❑ Septic Tank ❑ Septi ank Health Department Rucommends: ' FOR-- ^ gelling C Other--_ -- - Actual or Potential Bedrooms Actual or Estimated «Trte_r Consumption )_ Gal. Per Day Automatic Washirg Machine ❑ Yes p, ,N'o Garbage Disposal Unit ❑ Yes No..( ' - tlonal Wastes:__ DETAILS OF RECOMMENDED SYSTEMS WATER SUPPLY: Location to be approved by Sanitarian. Type: ❑ Drilled Well ❑ Driven Well ❑ Bored Well ❑ Dug Well ❑ Other Cased _ feet. Casing to be properly sealed and vented if necessary. Casing to extend at least 6 lnches above pump room floor. Grouted feet. All surface drainage to flow away from water supply. Well to have a platform of concrete or other impervious material, at least 4 inches 'hick a� casing, extending at least 24 Inches in all directions from cas!ng, gontly sloped for drsinasa. SOIL STUDY: Naturally drained, suitable J s:ghc . es ❑ No Technical Classification. Rough Classification: ❑ Sar,dy ilefliur• ❑ Cla, ❑ Pipe Clay Percolation Test Required: ❑Yes .�to Rate _ Minutes Per Inch Depth of Water Table _ _ = = __ _ feet (Estimated) St:rQaCe Drainage Required: ❑ Yes Area Dulnage by Lowering Ground Water Table Required- ❑ Yes �Io DETAILS OF CO%Fj, L. CTION: WaterLight Septic Tank of !Kind of Materiall Inside ddgrWsions: 1 I engt feet. Widt Pet. Liquid cs-Ducity lions. HOUSE SEW T LTNE: Size__ _ Inches. Type of materit-d eCu!1'�,r-c: +ta11Ce fl'!:M Witter J;I7^jV Icte�•�. SUBSURrAC_ ABSORPTIOK rl-EL D: D:s::"Uu• r. 3os r:aul=e:1. DitcPes of e-:uai langth renulred. Lumber of Square feel reauirafl-_- .T�fie age r::zr to rec;uirer: ;�,.ifroken .ct03le __] Caravel t❑ Slag. ?iz_o r';~:ge _ n: !,-� Inch to 21._. inches Depth of aggregate fnlm base of `"' to bottom of ditches. _inches. Total aggregate must eftuai n:inirium depth of 13 ic^_aes or mere. Soil Cove?D over the not to exceed ,/'�inches. Distance fz'o;n Set> age TJispos;U stem to the dearest port of a Water Syste:a '.: illI Rough Sketch of ?remises (including adjacent propertles if pertinent, Sho-.cino Loc_t:n of Let Line, Bulldtre„ Water Supplies. Se al=. L li=sat. -� toms, Frees, and Other Possible Sources of Contamination of Water Supplies. by Indicating Distances and Slope with regard to one another. E�s CZ .fir t feet w Note: Owner or his agent must notify i 1��'+�t,'y'T"' Health Department, PUon/,` --�C/ hen Installation is ready for Inspection. If any Sewage Disposal Sys em, or p$ "£hereof, Ss covere are being inspected by the Health f par enln t, it sh be uncovered at the direction of the Health Director or his agent. CONDITIONS DISCOVERED DURING INSTALLATT_ON MAY REQUIRE ADJUSTMENTS OF SYSTEM DESIGN. Changes from above specifications reouire Health Department approval before being made. Based on the above information, the undersigned recommends that this permit be issued. Date,. .Signed S ri arias or ealth rector) -- Date Signed (Reviewing LNS - 121 Rev. 11-57 Vir inio Ctotn rinna.f—t of W-1th M w GREGORY A. WHIRLEY ACTING MR1100 August 18, 2006 DEPARTMENT OF `it3ANSPORTA T ION 14031 OLD VALLEY PIKE EDINBURG, VA 22824 VirgilniaDO T.org Permit No. 0608-0434-554 Gary Baylis - Ref: Private Entrance Permit 965 Summerfield Lane Route: 655 Street Name: Sulphur Springs Road Winchester, VA 22601 Located at: 1.31 ME of Rte. 656 - Subdivision: Frederick County Dear Mr. Baylis: According to your request, you have permission and will be required to do the following marked items to your entrance: ® While working on the right-of-way, it will be necessary to erect signs according to VDOT's standards prior to staring work. These signs are to be removed daily. ® A minimum of 30 feet of 17 X 13 inch approved culvert pipe will be required. ❑ Please give me a call at (540) 869-1100 when the pipe has been delivered at the site. Soil moisture conditions will govern when the culvert is installed. ® If rock is encountered which requires drilling and/or blasting, the entrance is to be graded by you at no cost to the Virginia Department of Transportation. ® You will be required to place crushed stone from the right-of-way to the edge of the roadway. ® All graded slopes are to be 1 %z:1 or flatter. You will be required to topsoil and reseed all disturbed turf on the State's right -of --way. ® You will be required to flatten the slopes 'A a uniform manner'and restore them to the satisfaction of the Virginia Department of Transportation. ® The ditch line will have to be restored. ® Provisions will be made �i t >< Collwithin the State's right-of-way. 01 YEARS OF TRANSPORTATION EXCELLENCE 1 9 0 6 - 2 0 0 6 AdmL PLOT PLAN LAND OF GARY BAYLISS SHAWNEE DISTRICT FREDERICK COUNTY, VIRGINIA FLOOD ZONES SHOWN HEREON HAVE BEEN SCALED FROM FIRM MAP 510063 0120 B EFFECTIVE JULY 17, 1978 BRIDGE o / I W I U o o I a� I O wl o �I N APPRO%IIMTE LOCATION OFI SULPHER SPRING RUN I I \ V \ EXtSTING\ErOATION 3.2663 ACRES r$ FLOOD Zl?F . \ 1 \ \ PROPLLIN DWELLING \ fo\ L-470.55'� 4�\ 52.0' R-707.56' \ NO TITLE REPORT FURNISHED ALT O�� H pi f L O CHRIS P ER D. v FURSTENAU 9 rNo. 2727 �l/o✓ 2 1, yea �qNO SUR`fE�O4 40, tiF iti e606',o O' 0 ss6' �o CHRISTOPHER D. FURSTENAU, L.S. PC 133 WEST BOSCAWEN STREET SUITE 2 WINCHESTER, VIRGINIA 22601 540 542-1164 FAX 540 542-1183 SERVICES@CDFSURVEYS.COM MEMBER VIRGINIA ASSOCIATION OF SURVEYORS DATE: NOV. 27, 2006 SCALE: 1 "= 100' TAX MAP: 65-A-187 V. 0.06-00-0228 Ank PLOT PLAN LAND OF GARY BAYLISS SHAWNEE DISTRICT FREDERICK COUNTY, VIRGINIA FLOOD ZONES SHOWN HEREON HAVE BEEN SCALED FROM FIRM MAP 510063 IRF 0120 B EFFECTIVE JULY 17, 1978 R�0600'� I S i I o I � � I r o I IWQ I I o I 0 �I I MI I I to APPROXIMATE LOCATION OFI I SULPHER SPRING RUN M 8 I oM -b 6 i IgOD I^ zn BRIDGE ,� / I 3 U O 2 � (Yj J wa S 6 '30'00' W w w �V) Sc \ � I I 3.2663 ACRES I \ I N \ EXISTING\TNpAT10N I� \ FLOOD 2af A I I FLOOD zoNEC PROPOSED \ DWELLING I 1, ' \ dol& L-410.55'--'� l\ R-707.58' cS 52.0' 51. ' 61"/�/C 4 ,o sss DSO s os s� 8 S NO TITLE REPORT FURNISHED CHRISTOPHER D. FURSTENAU, L.S. PC G 133 WEST BOSCAWEN STREET SUITE 2 WINCHESTER, VIRGINIA 22601 � r'f'C 540 542-1164 FAX 540 542-1183 SERVICES@CDFSURVEYS.COM (1 MEMBER VIRGINIA ASSOCIATION OF SURVEYORS o CHRIS P ER D. u FURSTENAU 9 ATE: NOV. 27, 2006 /No. 2727SCALE: 1 "=100' 4l/v✓ 2 7, yvo 4 �qND SURV' �O0 TAX MAP: 65-A-187 W. 0.06-00-0228 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING February 6, 2007 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #02-07 OF GARY BAYLIS On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, February 20, 2007, 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 #02-07 of Gary Baylis for a 49 foot side yard variance, resulting in a side yard setback of one foot, for the construction of a single family dwelling. This property is located on Sulphur Springs Road (Route 655) near Opequon reek, and is identified with Property Identification Number 65-A-187 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. Sine dly, f Zren E. Krempa oning Inspector LEK/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 John & Attie King 210 N. College Ave. Bluefield, VA 24605 .•2.17L��oso ' 016H26508243 R $ 00.390 j M 02/06/2007 = Mailed From 22601 US POSTAGE RETURN TO SENDER NOT DCLIVCRAOLC AS ADORCESCO UNADLC TO r'ORWARO 0c : 22601SOSO10 *3017- 04506- 06- 41 11IIIIIIII11111)111 „ II11111111111I)IIIIIIIIIIIIIIIIIIIIIIIIII N W s E REQUESTING AGENT: DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY, VIRGppjF r, r GIS, MAPPING, GRAPHICS WORK REQUEST DATE RECEIVED: 111q lo % REQUESTED COMPLETION DATE: o Department, Agency, or Company:_ Mailing and/or Billing Address: Telephone: E-mail Address: ESTE-,4ATED COST OF PROJECT: FAX: DESCRIPTION OF REQUEST: (Write additional information an back. of z�c�uest) r DIGITAL: SIZES: COLOR: PAPER: FAX: E-MAIL: BLACKJ'WT=: STAFF MEMBER COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: NUMBER OF COPIES: HOURS REQUIRED: AMOUNT PAID: CHECK NO.# Frederick County GIS, 107 North Kent Street., Winchester, VA 22601, (540)665-5651) t COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING February 6, 2007 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #02-07 OF GARY BAYLIS On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, February 20, 2007, 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 #02-07 of Gary Baylis for a 49 foot side yard variance, resulting in a side yard setback of one foot, for the construction of a single family dwelling. This property is located on Sulphur Springs Road (Route 655) near Opequon reek, and is identified with Property Identification Number 65-A-187 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. SincpWly, Zren E. Krempa oning Inspector LEK/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 • 'A. Y This is to certi that the attached correspondence was mailed to the following on ,� from the Department of Planning and Development, Frederick County, Virginia: Gary W. and Carolyn S. Baylis 965 Summerfield Lane Winchester, VA 22601 Wyndam Clifton 138 Wood Rise Lane Winchester, VA 22602 John & Allie King 210 N. College Ave. Bluefield, VA 24605 Henry Hicks 1201 Sulphur Springs Rd. Winchester, VA 22602 Edwin Lambert PO Box 2657 Winchester, VA 22604 STATE OF VIRGINIA COUNTY OF FREDERICK ity o me es ei Tim Youmans, Planning Director Rouss City Hall Winchester, VA 22601 Planning Director — Clarke County 102 N. Church St. Berryville, VA 22611 i - - I / Lauren E. WWa, Zoning pector Frederick County Planning Dept. a Notary Public in and for the State and County aforesaid, doh -eby certify that Laura E. Krempa, Zoning Inspector for the pe artment of Planning and Development, whose name is signed to the foregoing, dated (9 , has personally appeared before me and acknowledged the same in my State hnd County aforesaid. Given under my hand this day of n My commission expires on f _ .a NOTARY UBLIC 060015464 (9 0 9 r4 v Tax Map #65-A-187 0 w THIS DEED made and dated this 11t' day of August, 2006, by and between WILLIAM L. FINNERIN and CHARLES ROBERT HESS, hereinafter referred to as Grantors and GARY W. BAYLIS and CAROLYN S. BAYLIS, hereinafter referred to as the Grantees. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby grant, bargain, sell and convey, with General Warranty and English Covenants of Title, unto the Grantees, as tenants by the entireties -with the right of survivorship as at common law, in fee simple, the following described tract of land located in the County of Frederick, Virginia (the "Property"): All of that certain lot or parcel of land, together with the improvements thereon and the appurtenances and all rights, rights - of -way and hereditaments thereunto belonging, said lot of land being in general of triangular shape, lying and being situate on the West side of Opequon Creek and on the Southern side of Virginia State Route #655 in Frederick County, Virginia, having as its Eastern Boundary line the center line of Opequon Creek, being more particularly described -by metes and bounds as follows: "Beginning at a point, being the Western corner of said lot or parcel of land on the South side of State Route #655 and corner to William Carpenter's land; thence running in an Easternly direction with the Southern side of said State Route #655 along the following courses and distances to the center line of Opequon Creek: S 77 deg. 15' E 167.0 feet, S 66 deg. 08' E 113.0 feet, S 52 deg. 0' E 220.0 feet to the center line. of said Opequon Creek; thence in the general Southernly direction with the center line of Opequon ,Greek the following courses and distances: S 69 deg. 30' Vl' 100.0 feet, S 24 deg. 09' W 168.0 feet, S 13 deg. 12' E 126.0 feet, S 8 deg. 57' W-142.0, feet, S 46 deg. 06' W 115.0 feet to a 12 inch. sugar nut tree on the West bank of said Opequon Creek, being the Southern corner of said tract of land and r W corner to William Carpenter's land; thence with a wire fence N 15 --_j deg. 39' W 773.0 feet to the Beginning, containing 3.29 acres, more or.less; AND BEING the same property conveyed to William L. Finnerin and Charles Robert Hess by deed dated.January 22., 1972, from Charles Robert Hess and Carolyn Bishop Hess, his wife, and John L. Finnerin, said deed is of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 386 at Page 245. Reference is here made to the aforesaid instruments and the attachments and the references therein contained for a further and more particular description of the property hereby conveyed. This .conveyance is made subject to all duly recorded and enforceable restrictions, easements and rights of way. WITNESS the following signatures and seals: ��---=--- ��e�- (SEAL). WILLIAM L. FINNERIN a&Z6 AL) CHARLES ROBERT HESS STATE OF VIRGINIA CITY OF WINCHESTER, to -wit: The foregoing instrument was acknowledged before me this 11 `h day of August, 2006 by'WILLIAM L. FINNERIN and CHARLES ROBERT HESS. My commission expires: 9 " <36 -o `NOTAR PUBLIC Deed prepared by: VIRGINIA: FREDERICK COUNTY, SC . THOMAS M. DICKINSON, JR., ESQUIRE This instrument of writing was produced to me on THOMAS M. DICKINSON, JR., P.C. 102-2 SOUTH KENT STREET WINCHESTER, VIRGINIA 22601 and with certificate of acknowledgement thereto annexcu was admitted to record. Tax imposed by Sea 58.1-802 of QS. and 58.1-801 have been paid, if assessable 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 John Lauren COMMENTS: Received by Clerical Staff (Date & Time): �PS D U:\Pam\Common\Document Approval Form.wpd