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HomeMy WebLinkAbout07-07 Bobcat Builders - Back Creek - BackfileEJ BOARD OF ZONING APPEALS Variance Request Tracking Sheet Date: �, (7 File opened O Reference Manual updated/number assigned (oIqIO7_ D-base updated /4 /07. (j%�location map requested from GIS Two sets of labels requested from Data Processing 0 U File given to Renee' to update Application Action Summary MEETING DATE: rl '7 o FINAL ACTION: S /+ CLOSE OUT FILE: J/ Approval (or denial) letter mailed to applicant/copy made for file lc,7 File stamped "approved", "denied" or "withdrawn" 17 li I �,o-7Reference Manual updated 2416 D-base updated `614 Fife given to Renee' for final update to Application Action Summary ,s=i�> 15?L/ u:sev\Common\Tracking sheets\BZA Tracking.bza Revised 05/25/Dl 0 m �Cc 2 0 -7 l DATE _ NO. RECEIVED FROM ADDRESS DOLLARS $ ' ❑FOR RENT J FOR Xvisi• • �y 1 Cjl rV i AMT. OF ACCOUNT CASH AMT. PAID CHECK BALANCE MONEY DUE ORDER BY I July 19, 2007 Brandon Jones Bobcat Builders, LLC 542 Deer Run Circle Front Royal, VA 22630 RE: VARIANCE REQUEST #07-07 Dear Mr. Jones: COMY, of F _ ICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 This letter is to confirm that the above -referenced application was approved by the Board of Zoning Appeals at their meeting on July 17, 2007. The request on parcel bearing Property Identification Number 69A-1-32-50 was for a 16 foot side yard variance on the right side and a 26 foot side yard variance on the left side, resulting in a 34 foot building restriction line on both sides. The property is located in Shawneeland, Lot 50, Plat 1, Section 32, at the intersection of Capon Springs and Arbutus Trails in the Back Creek Magisterial District. If you have any questions regarding this action, please feel free to call this office. Sincerely, Mark R. Cheran Zoning Administrator MRC/bad cc: Fred Herrick, Jr., 13865 Lower Edgemont Rd.,.Waynesboro, PA 17268 Jane Anderson, Real Estate John Trenary, Inspections 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 41GQ+ COG COUNTY of FREDERICK a' Department of Planning and Development 540/ 665-5651 17 8 FAX: 540/665-6395 MEMORANDUM TO: Finance Department FROM: Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: October 30, 2007 The amount of $50.00 was deposited in line item #3-010-019110-0008. Ms. Catherine Priest had a deposit for one sign for Variance #07-07 for Bobcat Builders. Ms. Priest 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 /11 Catherine Priest 542 Deer Run Circle Front Royal, VA 22630 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 due ,e f ee es � ve ett,1 str°t � t °o ayes eve T ;4to�em ;"ate ct f the e C°m��ssjO�et ° ,eaby "b �adteseasuTex CoVC o V0 �26p�A22 "pcbeSt5g01665- 5 �,maJ A�aae� cic�a°s 0 Bo�aoff@° oOVA "SS:pp,Oe Ewa"ch lop- F�aVak * * tUt°v0 etea °�aay eabout dot besea, * * * ti CEO d fees bebe *** • * * ICyF' to et't� ,teage� �jes VE tbes my� IR to tb e lst of 'I'll gg / ,aee"tOQ�/a ��t Jsea 5 oat°�e d,0oat.0 T A X R E C E I P T FREDERICK COUNTY C. WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22604-0225 SIGN DEPOSITS PLANNING Ticket #:00005740001 0 Date 6/05/2007 Register: CJO/CJ Trans. #: 41465 Dept # 1095 Acct# Previous Balance $ 50.00 Principal Being Paid $ 50.00 Penalty $ .00 Interest $ .00 Amount Paid $ 50.00 *Balance Due $ .00 0 777� DATE i1 1 i " -, No li ` ".7152 % I '_RECEIVED FROM ADDRESS 5-j _J �7 -DOLLARS $ 'J FOR REMt', ❑FO R T. OF CASHACCOLNT [AM AMT. PAID CHECK BALANCE MONEY DUE IORDER 1A if BY *Balance Due $ Pd by DEPT OF PLANNING Check 517.40 # CKS BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 6/2007 VARIANCE APPLICATION #07-07 BOBCAT BUILDERS Staff Report for the Board of Zoning Appeals Prepared: June 14, 2007 Staff Contact: Lauren E. Krempa, Planning Technician 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: July 17, 2007 - Action Pending LOCATION: Lot 50, Plat 1, Section 32 in Shawneeland at the intersection of Capon Springs and Arbutus Trails MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 69A-1-32-50 PROPERTY ZONING & USE: Zoned: Rural Areas (RA) 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/Vacant Use: Residential/Vacant Use: Residential/Vacant Use: Residential/Vacant VARIANCE REQUESTED: The applicant is requesting a 16 foot side yard variance on the right side and a 26 foot side yard variance on the left side, resulting in a 34 foot building restriction line on both sides, for the construction of a single family dwelling. REASON FOR VARIANCE: With current setbacks and the size of the property, there is no buildable area to build a dwelling. 0 r Variance #07-07 — Bobcat Builders June 14, 2007 Page 2 STAFF COMMENTS: Frederick County adopted zoning in 1967. The Frederick County historical zoning map shows this propertywas zoned A-1 (Agricultural Limited) 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-1 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 the right, and 60 feet to the left (because this is a corner lot). Based on the small size of this property and the large setbacks associated with the RA zoning district, the applicant is requesting a 16 foot side yard variance on the right side and 26 foot variance on the left side yard. This variance, if granted, would result in a 34 foot side yard variance on both sides (one of which fronts on Capon Springs Trail). The majority of the properties located in the Shawneeland Subdivision are zoned R5 (Residential Recreational Community) and would have a setback of 35 feet off both Capon Springs and Arbutus Trails, 25 feet in the rear and ten feet on the side. Therefore, this variance request would be in character with those lots in the majority of the Shawneeland Subdivision. STAFF CONCLUSIONS FOR THE DULY 17, 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 16 foot variance on the right side yard and a 26 foot variance on the left side yard in order to build a 32'x26' single family dwelling. Should this variance be granted, the building setbacks for this property would be 60 feet from Arbutus Trail (front), 50 feet from the rear property line and would change to 34 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. �m )o yp� Bg yply. 69•q 9 ° / ao�9�y tiFyO�gso ,� c9 yq�` 699 eGgyOF zo LP B9q yBG `gyOFy°G.o_ gyp/ �9 9 ti / O Ol110 l °q`°C',q�,2 y0�- se Spy '0> 69q qPS ogh'3a py 6�9 FFC�✓os�Ay C Bg 9 y°�yc ss gyOFq 6'9q J 6 sy�y�O�fi pis/1i 699 r9q '!!c • ��O ��� yqF. rL �31 °°a s q,��o SOy09 " 69 A 1 SKYRIDGE, LLC ti 9q r SO4 py i �o� 0Q' p. �00 �• GREAT NDRTH MANUO WILDERNESS AREA O HITT, DONNA K � 69A 231 4 ' �p KWON, MUN WON ? AWNE£LPdvD � � I I � m� s i• 69A 231 �3V// / u / CAMERON, RONALD W & PATRICIA E OHEA "J Frederick County, VA Variance VAR # 07 - 07 Application Bobcat Builders Parcel ID: 69A -132 - 50 Location in the County Map Features O Hamlets ft. Future Rt37 Bypass 10 VAR0707_BobcatBuilders 111 Airport D Lakes/Ponds ^— Streams 4W Buildings Streets Primary 'V Secondary '�- Tertiary Urban Development Area fy SWSA Topography (5' interval) i © Case Planner: Mark Map Document: (N:\Planning And_Development\ 1_Locator_Mps\Walters_Property_MDP0707_060407.mxd) 6/4/2007 -- 11:16:40 AM --f 0 • -OLv •R -i 07 Aerial Map Frederick County, VA Variance a� VAR # 07 - 07 Application t / Bobcat Builders Parcel ID: • 0 69A - 132 - 50 Location in the County Map Features "k O Hamlets �►. Future Rt37 Bypass j .. � VAR0707_BobcatBuilders -i Airport Y _ O Lakes/Ponds ^— Streams 41- Buildings Streets Primary Secondary Tertiary �0 Urban Development Area Y ti SWSA Topography (5' interval) e v� 4, • x` ` �. � Wrn�hcslcr WineM1cslcr Vrr Vir Location in Surrounding Area 0 50 100 ..r.. ., > © Case Planner: Mark Map Document: (N:\Planning_And_Development\ 1_Locator_Mps\Walters_Property_MDP0707_060407.mxd) 6/4/2007 -- 11:16:40 AM a, 0 0 -D�,w •0 0 • APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA ow -OFFICE USE ONLY - Variance Application No. 1� `I �'% Submittal Deadline: 0 Submittal Date: For the meeting of _ o2 Fee Paid: e, initials: Sign Deposit as � MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner other . (Check one) 2. APPLICANT: OCCUPANT: (if different) 3. NAME: Robc-8A 1")u ders LLG ADDRESS541 Weer J�Un Ci rdC Front RDA q L VA Z2430 TELEPHONE:5L- o o I W/1 NAME: 6b � f e- i� [ C 'e ADDRESS: 8 2 rp 5 Ibwe( �dq e move+ TELEPHONE: The property is located at (give exact directions and include State Route numbers): 4. The property has a road frontage of j 0 0 feet and a depth of 2 Q 0 and consists of acres (please be exact). Page 5 of 9 feet • • 5. The property is owned by Fre d t Iq 15 Bffr1cN as evidenced by deed fronimco-kc TWC , recorded (previous owner) in deed book no. 400 on page 52 of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: R a c. K C Y f e K 7. Property Identification No.:�pq Cil ('32� 56� 8. The existing zoning of the property is: R tiro L A re4 9. The existing use of the property is: Ra kmd l me o Y + 1 10. Adjoining Property: USE North G w `Qn d East _Row 1 And South Raw t a nd West O,w land 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.") WIA 12. List specific reason(s) why - vlCQ--" o VI -RtL ing 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 I 4rfp i (� �J C) immediately adjacent thereto Page 6 of 9 00 0 13. Additional comments, if any: 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 � Y drn Address PO �p I I Winches Property ID# 6 9 pp /l 1� H9 I Address 1111�N 1-r VA Property ID # A i 2 . 32 5 l hr �r Address 3gbI4wty- LocXVf- I ,e Properly ID # lcj I A 131 5 Address - Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # Page 7 of 9 C 0 • I 15. Provide a sketch of the property (you may use this page or attach engineer's drawing). Show proposed and/or existing structures on the property, including measurements to all property lines and to the nearest structure(s) on adjoining properties. Please include any other exhibits, drawings or photographs with this application. 1 Page 8 of 9 1. Easements, if any, not shown. No title report furnished. 1W 2. This property does not lie within the 100 year Flood Zone as shown on the F.E.M.A. F.I.R.M. Community Panel. 3. Boundary derived from a field survey and from deeds of record as found among the Land Records of Frederick County, Virginia, as shown hereon. 4. Iron Pins set at all drainfield corners. n TD v O z U) ;L7 ^z V ! U) D_ r O E Z W e co \I L•fa Cl1�GC�� C 00.00' 6.10' 18 71�' 96 9 92 9088 8_ 50'8_R.L Prop. A /F N m N O G A O O O 34 W O 32.00' Prop. . Hse. 34'ar 60' B.R.L. 15.70' Prop Well a Lot 50 _ 0.459 acres 20000,00 sq ft 100.00' b bZ-bU'bbi VV Aot �I 52 n J p'Lot \I 49 -n Note:Cannotshow 50' B.R.L. from his line, as B.R.L. lines would overlap ARBUTIS TRAIL(60' RM) PROPOSED DRAINFIELD, WELL, & HOUSE LOCATION SURVEY PLAT Property of "FRED D. HERRICK, JR., & PHYLLIS J. HERRICK" Deed Book 400, Page 58 Tax Map #69A (1) (32) 50 "SHAWNEE-LAND" Subdivision, Section 32, Lot 50 Back Creek Magisterial District Frederick County, Virginia Scale: 1" = 50' Date: April 2, 2007 0.459 Acres or 20,000 Sq. Ft. Revised May 15, 2007 Prepared by Dodson Surveying, Inc. P.O. Box 672 Luray, Virginia 22835 (540)843-0608 LEGEND " - Iron Pin Found JR. 00 AGREEMENT VARIANCE # (Number to be assigned by the Planning Dept.) I (we), the undersigned, do hereby respectfully make application, and petition the Frederick County Board of Zoning Appeals (BZA) to grant a variance to the terms of the Frederick County Zoning Ordinance as described herein. I agree to comply with any conditions for the variance required by the BZA. I authorize the members of the BZA and Frederick County officials to go upon the property for site inspection purposes. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) dgsprior 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. �.IGNATURE O PPLICANT dki- _ lLG �D ifY1CLi1a c� erl mew►b�r DATE �J U 0 0.YlCj van S m ems► b .er SIGNATURE OF OWNER r �� DATE J %(ram/✓i ,e, � E�/�c�� (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF ACTION: - DATE- APPROV SI NED: BILA CHAIRMAN V j1'e DENIAL DATE: Page 9 of 9 RECEIVED #03/2007 10:00 15406359747 *UBERT MARLOW JR FROM {THU}MAY 3 2007 10:01/ST. 8:58/No.7500000508 P 4 TAX INFORMATION COUNTY Jejr%ck LCUSESSED OWNERS-NAMERRRENT OWNERS NAME: ADDRESS: LEGAL L+- SCE: '] TAX MAP #:/4 Z2 _ SD ASSESSMENTS: LAND: IMPROVEMENTS: TOTAL: Zcvo LAND USE/TAX-RELIEF: 7 , TAXES FOR THE YEARqp pUNTY: 7 TOWN: SANITARY DIST: NOTES: ... spok i?C-> C6 des cAekI'f' FROM - RECEIVED 03/2007 10:00 15406359747 *HUBERT MARLOW ,JR (THU)MAY 3 2007 10:01/ST. 8:58/No.7500000508 P 5 V #3655 FRED D. HERRICK, JR. R? UX a J Ike.......,.�r��.... ..............�,.----------« w»a mla, vrNuu Book 400 PAGE , $ THIS DEED, made and dated this 218t day of August ^, i 1972 , by and'between Marjec, Incorporated, a corporation organized and existing under the laws of the State of Maryland and licensed to do business in the State of Virginia, hereinafter called the Grantor, and Fred D. Herrick Jr. and Ph ly lis J. Herrick , his wife, hereinafter called the Grantees. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations, receipt of all of which is hereby acknowledged. the Grantor hereby grants, Sella and--nveys, with general warranty of title, unto the Grantees in fee simple, jointly, as tenants by the entirety with the common law right of survivorship, all of the following j I described property: � All of that certain lot or parcel of land designated as Lot 50 Plate Section 12 described and act forth in that certa n deed of dedication of Marjec, Inc. rAkWand of record inday theoClerk'siOffice ofgt the Circuit Court of Frederick County, Virginia, In Deed Book 380 Page 269 Reference is made to the aforesaid deed of dedication and the references therein contained for a more particular description of the land hereby conveyed. This lot or parcel of land is conveyed subject to all of the restrictions set forth in said deed of dedication which are covenants running with the land in accordance with the authority granted therein. It is further understood and agreed between the parties hereto that all of the conditions in that certain contract iof sale and purchase entered into between the parties hereto for the hereinabove described lot prior to the date of this deed are not to be merged into this deed, but are to survive and to be in full force and effect hereafter. RECEIVED &3/2007 10:00 15406359747 OUBERT MARLOW JR • FRO"W (THU)MAY 3 2007 10:01/$T. 8:58/No.7500000508 P 6 -11 BOOK 400 PACE 9 The Grantor covenants that it has the right to convey the within deseribed property; that the Grantees shall have quiet possession of said land, free from all encumbrances except as hereinabove set forth; that the Grantor, to its knowledge, has done no act to encumber said land; and that it will execute such further assurances of title as may be requisite. IN WITNESS WHEREOF, the said Marjec, Incorporated, has caused this deed to be executed, acknowledged and delivered on its behalf by Donald R. Lamborn , its President and duly'authorized agent, and its corporate seal to be affixed and attested by _ ' its I,::�istant So; etary the first date hereinabove written. r. G '1 We MAKC, INCOR.PORA TED O ;y D.w ii Donald R. Lamborn , President 4,M nyy (Corp rate Seal) Attest By: STATE OF MARYLAND COUNTY OF MONTCO MY, To -wit: IL SEcuiK a Notary Public in off •ai4-:jor%the County and State aforesaid, do certify that Donald R. _ 22bejbAe,= and ; y.� wG,�6e..�, President and o ' 0, J : ss`ly of Marjec, Incorporated, whose names are signed to ... oing writing, bearing date the,Z/=- day of 19_ZL, have personally appeared before me in my County'"and State rash. we smog AT PIT aforesaid and acknowledged the same. Given under my hand this,, 0 �1 day of j19Z My cosmission expires 'q G.mr.u..;on :j,.f:ds July 4 WT4 � / ' y Aotary Public V,2 , '_Nk:1. Mn-DMICK COUNTY, SCT, ^24� ry)ru'.:cnt o;, jvriiinq vans produhced tq ma Gn ip _ A RECEIVED 1003/2007 10:00 15406359747 HUBERT MARLOW JR RIN (THU)MAY 3 2007 10:01/ f. 9:59/No.7500000508 P 3 PHONE 59043b-M REPORT OF TITLE Fnx W 36 ITLE VESTED IN ACQUIRED FRO DB/PAGE: DATE: !�--7 RECORDED: LEGAL: DEEDS OF TRUST: 2. 3. 4. JUDGMENTS, MECHANICS LIENS, ASSESSMENT LIENS ETC. l ,/tom 2. 11 EASEMENTS, AGREEMENTS, ETC. 1 c� 7. ZSL� ; 35z-2oI _ 9. 514� 6 -v cad-. s- ' 25ci--, _ _ 12. RESTRICTIONS:_ iEz 2� PLAT: $ �` EXAMINERS NOTES: EFFECTIVE DATE: @ 8:00am BY APPALACHIAN TITLE APPALACHIAN TITLE ASSUMES NO LIABILITY FOR TI•iE INFORMATION CONTAINED IN 11-Il5 REI I MZT USED BY ANYONE OTYIFP, THAN THLi RECIPIENT TO WHOM THIS REPORT WAS ORIGINALLY ISSUED 1. Easements, if any, not shown. No title report furnished. 2. This property does not lie within the 100 year Flood Zone as shown on the F.E.M.A. F.I.R.M. Community Panel. 3. Boundary derived from a field survey and from deeds of record as found among the Land Records of Frederick County, Virginia, as shown hereon. 4. Iron Pins set at all drainfield corners. LEGEND Iron Pin Found C7 D O z Cn 0 zz^ U JJ V J N r Z v N Co CDO CD ? O 34.00' 15.70' Prop Well (Lot \I \�51/ 6.1 17.40' Prop. o D/F G7 o �W j; u O COO r O ? 34.00' o 32.00' i m Prop. . Hse. ----c- W B.R.L. , Lot 50 0.459 acres 20000.00 sq ft _� 100.00, S 52050'56" W (,Lot \I 52 I/ Lot 49 Note: Cannot show 50' B.R.L. from this line, as B.R.L. lines would overlap ARBUTIS TRAIL(60' RIW) PROPOSED DRAINFIELD, WELL, & HOUSE LOCATION SURVEY PLAT Property of "FRED D. HERRICK, JR., & PHYLLIS J. HERRICK" Deed Book 400, Page 58 Tax Map #69A (1) (32) 50 "SHA"EE-LAND" Subdivision, Section 32, Lot 50 Back Creek Magisterial District Frederick County, Virginia Scale: 1" = 50' Date: April 2, 2007 0.459 Acres or 20,000 Sq. Ft. Revised May 15, 2007 Prepared by Dodson Surveying, Inc. P.O. Box 672 Luray, Virginia 22835 (540)843-0608 1. Easements, if any, not shown. No title report furnished. 2. This property does not lie within the 100 year Flood Zone as shown on the F.E.M.A. F.I.R.M. Community Panel. 3. Boundary derived from a field survey and from deeds of record as found among the Land Records of Frederick County, Virginia, as shown hereon. 4. Iron Pins set at all drainfield corners. E (Lot \I \151� 6.1 17.40' , Z P) O_ 4 N �o r i CD 0 34.00' 32.00' i Prop. Hse. i 34.00' 60' B.R.L. 15.70' Prop Well 4. Lot 50 0 0.459 acres 20000.00 sq ft 100.00' S 52050'56" W I/Lot 'I 52 1/ CD i'Lot rn 49 Note: Cannot show 50' B.R.L. from this line, as B.R.L. lines would overlap ARBUTIS TRAIL(60' R/W) PROPOSED DRAINFIELD, WELL, & HOUSE LOCATION SURVEY PLAT Property of "FRED D. HERRICK, JR., & PHYLLIS J. HERRICK" Deed Book 400, Page 58 Tax Map #69A (1) (32) 50 "SHAWNEE-LAND" Subdivision, Section 32, Lot 50 Back Creek Magisterial District Frederick County, Virginia Scale: 1" = 50' Date: April 2, 2007 0.459 Acres or 20,000 Sq. Ft. Revised May 15, 200 Prepared by Dodson Surveying, Inc. P.O. Box 672 Luray, Virginia 22835 (540)843-0608 LEGEND Iron Pin Found r J7DR N 1. Easements, if any, not shown. No title report furnished. 2. This property does not lie within the 100 year Flood Zone as shown on the F.E.M.A. F.I.R.M. Community Panel. 3. Boundary derived from a field survey and from deeds of record as found among the Land Records of Frederick County, Virginia, as shown hereon. 4. Iron Pins set at all drainfield corners. LEGEND Iron Pin Found n D O z z G) U) r O (Lot \I \1511/ 6. 17.40' ------= L6-_ 50' B_RA — Prop. o D/F I Z N O) W o N o p r, i c 0 34.00' c 32.00' I Prop Hse. •W 60' B.R L. 15.70' Prop Well Lot 50 ov 0.459 acres 20000.00 sq ft 100.00' _ S 52050'56" W W 0 (,Lot �I \52 i�Lot 49 Note: Cannot show 50' B.R.L. from this line, as B.R.L. lines would overlap ARBUTIS TRAIL(60' R/W) PROPOSED DRAINFIELD, WELL, & HOUSE LOCATION SURVEY PLAT Property of "FRED D. HERRICK, JR., & PHYLLIS J. HERMCK" Deed Book 400, Page 58 Tax Map #69A (1) (32) 50 "SHAWNEE-LAND" Subdivision, Section 32, Lot 50 Back Creek Magisterial District Frederick County, Virginia Scale: 1" = 50' Date: April 2, 2007 0.459 Acres or 20,000 Sq. Ft. Revised May 15, 2007 Prepared by Dodson Surveying, Inc. P.O. Box 672 Luray, Virginia 22835 (540) 843-0608 1. Easements, if any, not shown. No title report furnished. 2. This property does not lie within the 100 year Flood Zone as shown on the F.E.M.A. F.I.R.M. Community Panel. 3. Boundary derived from a field surrey and from deeds of record as found among the Land Records of Frederick County, Virginia, as shown hereon. 4. Iron Pins set at all drainfield corners. \I I I'Lot �51� � I I D N 05 " 17.E 100.001' 6.10' 18 0 '. 71. Z 96 U) N 9 92 —' -D 90 88 6 50' B R.L Z 8 fG)) �a prop. i /F V / J_ Z N T N 4 N �0)po I� n C > Ap o C r ? 34.00' C. 32.00' 0 Prop. _ Hse. 34•00' 60' B.R.L. . 15.70' CC Prop Well Lot 50 ov 0.459 acres 20000.00 sq ft 100.00, _ S 52050'56" W � Lot `I \152 I'Lot 49 Note: Cannot show 50' B.R.L. from this line, as B.R.L. lines would overlap ARBUTIS TRAIL(60' RIW) PROPOSED DRAINFIELD, WELL, & HOUSE LOCATION SURVEY PLAT Property of "FRED D. HERRICK, JR., & PHYLLIS J. HEMCK99 Deed Book 400, Page 58 Tax Map #69A (1) (32) 50 "SHAWNEE-LAND" Subdivision, Section 32, Lot 50 Back Creek Magisterial District Frederick County, Virginia Scale: 1" = 50' Date: April 2, 2007 0.459 Acres or 20,000 Sq. Ft. Revised May 15, 2007 Prepared by Dodson Surveying, Inc. P.O. Box 672 Luray, Virginia 22835 (540)843-0608 LEGEND • Iron Pin Found R J. D DS , JR. 55 No. S td '� 1. Easements, if any, not shown. No title report furnished. 2. This property does not lie within the 100 year Flood Zone as shown on the F.E.M.A. F.I.R.M. Community Panel. 3. Boundary derived from a field survey and from deeds of record as found among the Land Records of Frederick County, Virginia, as shown hereon. 4. Iron Pins set at all drainfield corners. n D O z U) z �G) V) D_ t— I/Lot �I 52 ,7—._------- 6.1 6�50' B_R.I Prop. a i /F Z IV o O C o i� Q 34.00' c 32.00' i Prop. . Hse. 34.W 60' B.R.L. 15.70 Prop Well Lot 50 0 0.459 acres 20000.00 sq ft 100.00' S 52050'56" W LEGEND Iron Pin Found o I'Lot \I \49/ m Note: Cannot show 50' B.R.L. from 'this line, as B.R.L. i lines would overlap ARBUTIS TRAIL(60' R/W) PROPOSED DRAINFIELD, WELL, & HOUSE LOCATION SURVEY PLAT Property of "FRED D. HERRICK, JR., & PHYLLIS J. HERMCK" Deed Book 400, Page 58 Tax Map #69A (1) (32) 50 "SHA"EE-LAND" Subdivision, Section 32, Lot 50 Back Creek Magisterial District Frederick County, Virginia Scale: 1" = 50' Date: April 2, 2007 0.459 Acres or 20,000 Sq. Ft. Revised May 15, 2007 Prepared by Dodson Surveying, Inc. P.O. Box 672 Luray, Virginia 22835 (540)843-0608 V, I full, It 01 A� No. 23W4 VI td R���O • n N �a ra A)60- D ADD/T-ss o F 0 0 AlE,e. P,.ed D, +f.em cY-- �r �e�ia� ed C rmo h�-� g I6 w "' ro t APPLICATION INSTRUCTIONS i VARIANCE It is the responsibility of the applicant to complete this form in its entirety and as precisely as possible. In order to be heard by the Board of Zoning Appeals on a particular date, all materials must be submitted prior to a cut-off date established during the previous month. The specific cut-off date is established each month in order to meet advertising requirements specified by the Code of Virginia. You can obtain this date from the Planning and Development Department. Because applications are photocopied for Board members, they must be completed in ink or typed. All supporting materials must also be able to be legibly photocopied. PLEASE ATTACH THE FOLLOWING IN SUPPORT OF THIS APPLICATION: 1. A plot plan of the property, acceptable to the Zoning Administrator, showing: A. Existing structures. B. Measurements from existing structures to all property lines. C. Measurements to all property lines from the addition for which a variance is requested and to the nearest structure(s) on an adjoining property. 2. A copy of the deed to the property, which may be obtained from the Clerk of the Circuit Court at the Judicial Center, 5 North Kent Street, Winchester, Virginia. 3. All other evidence or exhibits should be submitted along with this application. Information to complete items 4 and 5 on the application may be obtained from the Deed to the property. Information for items 6, 7 and 14 may be obtained from the office of the Commissioner of the Revenue. Current property zoning for items 8 and 10 may be obtained from the Office of Planning and Development. If the applicant is not the property owner, the application must be signed by both parties. The title of the representative for an organization, church, etc. shall be shown on the application. The fee for this application is $400.00 and a $50." refundable fee is required for a public hearing sign. Upon submittal of your completed application, a sign will be provided to you. At least seven days before the public hearing, the sign must be placed at the property line and be maintained so as to Abe E 1 i I Lr_ li p IE. �I v''I visible from the road or right-of-way until after the public hearing. Failure �to,post the sign -will-------- result in our application being tabled. After the public hearing, lease return the sip and the Y PP g p g, P � ;� ?.� JUN 1 2007 �....;,� Page 1 of 9 PI_i''ilb. , ii IT N W E S REQUESTING AGENT; DEPT. OF GEOGRAPHIC INF0RNdATION FREDERICK COUNTY, VIRGINU Department, Agency, or Company: - Mailing and/or Billing Address: Telephone: E-mail Address: GIS, MAPPING, GRAPHICS WORK REQUEST DATE RECEIVED: & d ESTED COMPLETION DATE: (v.knlo-7 ESTIMATED COST OF PROJECT: FAX: DESCRIPTION OF REQUEST: (write additional inf �Lo� i'11 fif S �le CR lt�C�. n`7�p� DIGITAL: PAPER: FAX: SIZES: COLOR:. BLACKJWIHTE: NUNMER 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 July 3, 2007 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #07-07 OF BOBCAT BUILDERS On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, July 17, 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 #07-07 of Bobcat Builders for a 16 foot side yard variance on the right side and a 26 foot side yard variance on the left side, resulting in a 34 foot building restriction line on both sides, for the construction of a single family dwelling. This property is located on Lot 50, Plat 1, Section 32 in Shawneeland at the intersection of Capon Springs and Arbutus Trails, and is identified with Property Identification Number 69A-1-32-50 in the Back Creek 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. Sin erely, Lauren E. Kre a Planning Technician . LEK/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 r This is to cert' . that the attached correspondence was mailed to the following on T j h from the Department of Planning and Development, Frederick County, Virgin -- - _ -- ---- - - - -- - - - - - -- 69A - 1.32. 115- 69A - 1-32. 50- HEDRICK PROPERTIES, LLC HERRICK, FRED D. JR. 3653 IRONSTONE RD 13865 LOWER EDGEMONT RD BETHLEHEM, PA 18020.1209 WAYNESBORO, PA 17268 8719 69A -1.32. 49- PARAMOUNT CORPORATION 503 WALNUT RD RIVA, MD 69A -1.32. 51- HARPER, HENRY R 3402 LOWER LOCK AVE BELMONT, CA 69A -1-32. 1- VHB, INC 503 FAWN DR WINCHESTER,VA 21140 94002-1308 22602 69A - 1.32. 116- WEATHERHOLTZ, WARREN F ET ALS 6404 GREENLEAF ST SPRINGFIELD, VA 22150.1105 69A - 1.32. 122- SUDDUTH, MARTHA I. & COMBS, KEVIN D 108 WAKELAND DR STEPHENS CITY, VA STATE OF VIRGINIA 22655.2302 Bobcat Builders, LLC 542 Deer Run Circle Front Royal, VA 22630 Lauren E. Krempa, 1 g ec Frederick County Planning Dept. a Notary Public in and for the State and County aforesaid, do h eby certify that Lq#en E. Krempa, Planning Technician for the Department of Plannin Ind Development; whose name is signed to the foregoing, dated has personally appeared before me and acknowledged the same in my State'Ad ounty aforesaid. r,, Given under my hand this 3 �` day of �lvc(? My commission expires on ��C1 azlr7 NOTARY BLIC ` -2 8 1999 Vtt1Qt1't) d-,19� 4t-0-7 07 Boz CST stul-�L45 13. Additional comments, if any: TO:BARBARA-DATA PROCESSING FROM:BEV - Planning pept. Please print sets of 14. The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the variance is being sought, including properties at the sides, rear and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notified by mail of this application: I►`"►Tii0 NmMA�� Ca V fi�n Address Po �0% V V ��C��S JA PropertyID4 A 1-3Z y 9c i a � Address 0 I e -I f VA Property ID # � �3 5 2 Address 3g02 Lov tr e Property ID tp q r`J 2 5 1 Address Property ID # VTA - - ( - - We0'i� holf7 Address Property ID # L: u Address Property ID # - Z C � U � S Address Property ID # Address Property ID # Page 7 of 9 S—Dr �0 ED __ op J/ 13. Additional comments, if any: TO:BARBARA-pATA PROCESSING FROM:BEV - Planning Dept. Please print -:1) sets of �a7 TNANKS! 14. The following names and addresses are all of the individuals, firms, or corporations owning properly 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 Address Po &1, f\(-k ( VA Property ID # C�9 9 _ Address C I .' e � VA Property ID # . A. w3 52 l��Y 1 •.Ni tr Address 34n,4w-er j Lock AV- Ltiaml( Property ID# l I A I�32 5l V We C- Address Property ID #-- A - Address Property ID # 5 u Address Property ID # - ; �GC�I Cs Y v� Address property ID # -1 2 1- l 1 5 Address Property ID # V lao- Page 7 of 9 j: