Loading...
HomeMy WebLinkAbout12-07 Eagle Place Ind INC - Stonewall - Backfilet ti BOARD OF ZONING APPEALS Variance Request Tracking Sheet Date: J' p File opened �J o-) Reference Manual updated/number assigned `7 r o D-base updated `7 location map requested from GIS 7 c A- b'd • Ll& r "!� �F�� Two sets of labels requested from Data Processing File given to Renee' to update Application Action Summary MEETING DATE: PO — FINAL ACTION:' CLOSE OUT FILE: Approval (or denial) letter mailed to applicant/copy made for file File stamped "approved", "denied" or "withdrawn" Reference Manual updated D-base updated File given to Renee' for final update to Application Action Summary. A?,C-Mmon\Trackingsheets\BZATracking.bu Revised 15/25101 w DATE ' ! co���� o RECEIVED FROM E q N +' a, lbd ADDRESS o%i 6? �111 �r/i�.,Q lJ "o`er` nrni.i Aac L) U 1 r�' W� i • • AMT.OF CASH ACCOUNT � AMT. PAID CHECK BALANCE MONEY DUE ORDER oa72 3 4 BY t�l w.�.lgM�M1'L*V N"& 3' JVwM �.'V faYr �+4.�.......- • 0 ..l COLY K qt1ICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 September 19, 2007 Jim Gibson Eagle Place Industries, Inc. PO Box 1866 Winchester, VA 22604 RE: VARIANCE REQUEST #12-07 FOR EAGLE PLACE INDUSTRIES, Inc. Dear Mr. Gibson: This letter is to confirm that the above -referenced application was approved by the Board of Zoning Appeals at their meeting on September 18, 2007. The request on parcel bearing Property Identification Number 53A-A-109 was for a 14 foot rear yard variance, resulting in an 11 foot rear yard setback. The property is located off at 1160 Purcell Lane (Route 721), in the Stonewall 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: Jane Anderson, Real Estate John Trenary, Inspections 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 r 4 / F i L Y COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 MEMORANDUM TO: Finance Department FROM: Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: September 20, 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 #12-07 for Eagle Place Industries. 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 Eagle Place Industries P.O. Box 1866 Winchester, VA 22604 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 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 #:00005800001 Date 7/19/2007 Register: CAL/CA Trans. #: 23253 Dept # 1095 Acct# Previous Balance $ 100.00 Principal Being Paid $ 100.00 Penalty $ .00 Interest $ .00 Amount Paid $ 100.00 *Balance Due $ .00 Pd by DEPT. OF PLANNING Check 3279.60 # VARIOUS BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 7/2007 CLOSE OUT FILE: Approval (or denial) letter mailed to applicant/copy made for file Z12lo-7 File stamped "approved", "denied" or "withdrawn" O`7 Reference Manual updated D-base updated q 7 File given to Renee' for final update to Application Action Summary U:\Bev\Common\Tracking sheets\BZA Tracking bza Revised 0525/01 j i -- -------- ! m o RECEIVED F 0M _ a ADDRESS Cr.� L) ;~�O ❑FOR RENT Q OR (-1JLU 011 ;�4 V V) V U iaC)37 W1, —�, 7� � -, " 7; DATE 1 _ rufl-- 7 2 3 4 AMT.OF ACCOUNT CASH AMT. PAID 7 CHECK 7 BALANCE MONEY DUE ORDER VARIANCE APPLICATION #12-07 EAGLE PLACE IND., INC. Staff Report for the Board of Zoning Appeals Prepared: August 30, 2007 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Board of Zoning Appeals to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. BOARD OF ZONING APPEALS HEARING DATE: September 18, 2007 - Action Pending LOCATION: 1160 Purcell Lane (Route 721) MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 53A-A-109 PROPERTY ZONING & USE: Zoned: RP (Residential Performance) District Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RP (Residential Performance) Use: Residential South: RP (Residential Performance) Use: Residential East: RP (Residential Performance) Use: Residential West: RP (Residential Performance) Use: Residential VARIANCE REQUESTED: The applicant is requesting a 14 foot rear yard variance, resulting in a rear yard setback of 11 feet, for the construction of a wooden deck. REASON FOR VARIANCE: The applicant built a deck without a building permit over the rear setback. Variance #12-07, Eagle Place Ind., Inc. August 30, 2007 Page 2 This application was postponed from the meeting of August 21, 2007 at the request of the applicant. STAFF COMMENTS: The Frederick County Building Department received a complaint on May 29, 2007, reporting a deck built on this property. The deck was failed because a. building permit was not applied for. The applicant applied for a building permit for a deck on July 7, 2007, but was not issued -the permit due to a rear setback violation. The applicant applied for a building permit (#2102) for a single-family dwelling with no deck on the permit on property that is zoned RP (Residential Performance). The minimum building setbacks within the RP Zoning District are front 35 feet, sides 10 feet and rear 25 feet. The applicant's building permit had building setbacks of front 38 feet, sides 10.5 feet and rear 26 feet. The applicant was required to submit a house location survey, as required by the zoning ordinance, for any primary structure located five (5) feet or less from any minimum setback. The setback survey placed the single-family dwelling at 25.3 feet at the rear BRL as shown. The applicant has applied for a 14 foot variance that, if approved, will result in a rear setback of 11 feet, to allow for this deck. (See attachments) STAFF CONCLUSIONS FOR THE SEPTEMBER 18, 2007 MEETING: The Code of Virginia 15.2-2209 (2), states that no variance shall be granted unless the application can meet the following requirements: 1) The strict application of the Ordinance will produce an undue hardship. 2) The hardship is not generally shared by the properties in the same zoning district and vicinity. 3) That the authorization of such variance will not be a substantial detriment to the adjacent property and the character of the district will not be changed by the variance. This application for a variance does not meet the requirements as set forth by The Code of Virginia 15.2-2209(2), and the Frederick County Zoning Ordinance and staff would recommend denial of this variance application. The strict application of the Frederick County Zoning Ordinance does not produce an undue hardship as required by the Code of Virginia. This violation of the setback requirements was self-inflicted, as the deck was constructed without a building permit. 30 46 # Y Ik • +w Frederick County, VA Variance VAR # 12 - 07 Application Eagle Place Ind., Inc. Parcel ID: 53A-A-109 Location in the Gounty Map Features O Hamlets �• Future R 37 Bypass - Application i3 Lakes/Ponds ^-- Streams Streets Primary ^. Secondary '�- Terciary �f Urban Development Area 4%P SWSA 0 GK O 0 1Opeet © Case Planner: Mike Map Document: (N:\Planning_And._Development\ 1_Locator_Mps\EaglePlacelndinc_VAR1207_072307.mxd) 7/23/2007 -- 9:11:40AM 0 Frederick County, VA J� Variance VAR # 12 - 07 Application Eagle Place ' Ind., Inc. Parcel ID: 53A-A-109 . � Location in the County Map Features O Hamlets Long Range Land Use Al 4!. Future Rt37 Bypass Rural Community Center SUNNySIDE '*c-m- Application Residential ES Lakes/Ponds Business Streams Industrial 3 a6 Buildings Institutional Streets Recreation Primary vn Historic '�. Secondary '25o Mixed -Use �- Terciary QD' Planned Unit Development �f Urban Development Area g4P SWSA LAUL m o � v 0 ` ° S R l� Location in Surrounding Area � x � srAR Fo, © Case Planner: Lauren Map Document: (N:\Planning_And_Development\ 1_Locator_Mps\EaglePlacelndlnc_VAR1207_072307.mxd) 7/23/2007 -- 9:11:40AM Z� J6,(�� • 4� a" rc RP zoning SUNNySID£ sari . � C J ga 4� SCAR FORT Frederick County, VA Variance VAR # 12 - 07 Application Eagle Place Ind., Inc. Parcel ID: 53A-A-109 Location in the County Map Features O Hamlets Zoning 4!• Future Rt37 Bypass Bl (Business, Neighborhood District) - Application B2 (Business, General District) LS Lakes/Ponds 40 B3 (Business, Industrial Transition District) -- Streams 40 EM (Extractive Manufacturing District) 40 Buildings Ob HE (Higher Education District) Streets +w M1 (Industrial, Light District) Primary M2 (Industrial, General District) ^. Secondary r• MH1 (Mobile Home Community District) ti Terciary 40 MS (Medical Support District) :1111 Urban Development Area R4 (Residential, Planned Community District) 40 R5 (Residential Recreational Community District) RAZ (Rural Area Zone) RP (Residential Performance District) NI SWSA Location in Surrounding Area Q�CK CO 0 25 10peet © Case Planner: Lauren Map Document: (N:\Planning_And_Development\ 1_Locator_Mps\EaglePlace Ind Inc_VAR1207_072307.mxd) 7/23/2007 -- 9:11:40 AM E 411-t CIO-,' - 2--L L] 53A A 74 KELCHNER, LINDA P 53A A 76 MERRILL, NALDA B d GEORGE L JR �'R/144 Hq<53q 53A A 73 Oged SYMONS, DEXTER, CFORC HOF $aq fM4N q 79 M41440 SUNNYSIDE , �53A A 41 FLEMING, DAVID C & WR/OHT 13 A Wq yHF& <IVO4 /r 13A A 116 "S �-W H OUCH/4'S �MFy sJq H O R4,flSJq q UCHGyS c RO(gF 11J =O `CHiHs N s3q Q 3 t1 FeFRG RrC1j1 R4ROF �� S �QQ 109 o H OSTR7FS 1N C - w "'It, 13q q 10,9 � _ �CF/HOUSTR/FS /HC 53A A 11A HENKEL, LESLIE GAY B , ns/HOFR,1 Si NOMR3 10� R`4HgNC�I CgRrFR C`Jq ,$e to FOR "B 4 q ♦ �°� 53A A so ¢a` Rr✓ HF NETHERS, PATRICIA S 3 � c O w 53A A N . 4� RUDOGE= A HOOVER SARBARA H H FR��e oyN/F� 53 5 1 PRIESTER, BRENT J i TAMMY L LAucr t-D 53 5 3 VEACH, PHI L E. 6 WAND GAIL 535242 MILLER, MITCHELL W S ERICA E STAY -POET Frederick County, VA Location in the County Map Features O Hamlets 1. Future Rt37 Bypass Application D Lakes/Ponds Streams 10 Buildings Streets Primary '�. Secondary '�- Terciary .t Urban Development Area +ti SWSA u Variance VAR # 12 - 07 Application Eagle Place Ind., Inc. Parcel ID: 53A-A-109 Location in Surrounding Area `LK Cp y P © Case Planner: Lauren Map Document: (N:kPlanning_And_Development\ 1_Locator_Mps\EaglePlaceindlnc_VAR1207_072307.mxd) 7/23/2007 -- 9:11:40AM County of Frederick, Virginia 107 North Kent Street Winchester, Virginia 22601 Lien Agent: EAGLE PLACE INDUSTRIES, INC. P.O. BOX 1866 WINCHESTER, VA. 22604 PHONE: 540-662-0967 ......... .. ....... ..... . ........ ........... . ... . I ..... RE Account #: 13989 Health Permit Map Number 53A A 109 Floodplain: Lot: Area: Sunr Section: District: STOI Building ill: Sub -Division: Directions To Site: Take 522N, 3rd street on the ri Cross Building, turn right at th master plan# map book ... * .......... M ............ ..... .... MIN. SETBACK FRONT 35' • LEFT 10' Setback Report on the .ATE OF SWIM 11-49 —0(- FRomr- .5(" z SEAL: 6Rpplicant (Signature) BACK: WW.. MARSH RIGHT: No. 1843 le LEFT: Applicant (please Print) suliding Code Official Permit Number: 0002102 - 2006 USBC: 2003 Application Date: 7/21/2006 Issuance Date: Renewal Date: Date: 7/25/2006 OWNER k. New of single family dwelling .... .. .. .... c k S.. p r, d", n t 1" 38' Back: 26' Center d' h t.':. 10.5 Left: 10.5 Frontage: B VALUE: MIT FEE: TOTAL FEES: Zoning Administrator Date Date 0 County of Frederick, Virginia 107 North Kent Street Winchester, Virginia 22601 Lien Agent: BUILDING PERMIT Permit Number: 0002102 - 2006 USBC: 2003 Application Date: 7/21/2006 issuance Date: L Renewal Date: Date: 7/21/2006 .......... I .... I.. ............. ... EAGLE PLACE INDUSTRIES, INC. QQ JOWNER ........... ........... P.O. BOX 1866 WINCHESTER, VA. 22604 .... .... ... ... .. . PHONE: 540-662-0967 .... . . :PHON E: tZ> RE Account #: 13989 Health Permit #: xQi % We Map Number: 53A A 109 Floodplain: Lot: 1 Area: Sunnv*W..::-.:*` Sit .. .... .... ............. Section: District: .. . . Building #: Sub -Division: Usj Directions To Site: Take 522N, 3rd street on the rl 0-...past' hen. eW,:::, Cross Building, turn right at the end.ofthe street on t master plan# map book BLDG. SIZE 28' X 39' # STORIES r, I BSMT SQ FT49&t TOTAL # RM 9 4A) NOTE GARAGE 20X28 (560—SO FT) NOTE �?il NOTE NOTE I hereby agree to ccffply with all provisions of the Virginia Uniform Statewide Building Code and the Zoning & Subdivision Ordinances as adopted by the County of Frederick. . *NDTE* * Under Freedom of Inf. Act plans can be secured upon request. SURVEY STANDARDS REQUIRED? NO INITIAL: DETAILED SITE PLAN REQUIRED? NO IN TIN,: Type: : New of WOriF:. single famlly dwelling ..1170 38'35 Back: 26' 25 Center: ZX Rig ft..:... 10.5 10 Left: 10-5 10 Frontage: 1*0B VALUE: 125,000.00 Y --6-t 4 PERMIT FEE: 6AO+. X". S harcre ur. APPLICATION FOR VARIANCE IN THE COUNTY OF FREMUCK, VIRGINIA MUST BE TYPED OR FILLED OUT N INK PLEASE PRINT 1. The applicant is the owner other . (Check one) 2. APPLICANT: NAME: �I A� ..t•N c ADDRESS t ,c d \/,q, --2Z 6©t-{ TELEPHONE: (Q G -Z— O :t?c, 7 - OCCUPANT: (if different) NAME: ADDRESS: TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): C-- Lle &5-�u 't., N. A� NO M 4. The property has a road frontage of _feet and a depth of / feet and consists of -----acres (please be exact). sft 5?) 1'-7 " Page 5 of 9 z1 5. The property is owned by as evidenced book no.=A1 by deedrecorded (Pious owner) in deed �{�on page t z of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: S e 7. Property Identification No.: 8. The existing zoning of the property is: Klp t de, &)CI- . 9. The existing use of the property is: 10. Adjoining Property: 11 OE North Res;d� East r r South r West r t zQhMW �r �1 r� �I k� cc Describe the variance sought in terms of distance and type. (For example: "A 3.5' rear yard variance for an attached two -car garage.") 12. List specific reason(s) why the variance is being sought in terms of. - exceptionaI narrowness, shallowness, size or shape of property, or exceptional topographic conditions or other extraordinary situation or condition of Property, or the use or immediately adjacent tl sue- ip,40<S Page 6 of 9 11 13. Additional continents, if any: �--MOJAH6L!�' Cje�,���G 01 14. The following names and addresses are all of the individuals, funs, 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 �' l �► ��� ,!_3,{Q .Address0� G Property ID # .` /0 +, Address � , •1:2�C �� _ �'f C�? cV, Property ID # o _/ d / / i�/✓� ��ry��t �vrs Address E � 11 y. Property ID # f � -,1t--- / ,// Address l) q Property ID # Address Property ID # Address Property ID # Address Property ID # Address Page 7 of 9 (,C- CYC% Lked 3 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. Page 8 of. 9 SANITARY MH ©RIM=500.08 835't TO INTX. PURCELL LANE - VA. SEC. RTE. 721 RTE. 522 (Variable Width R/W) 8� - IRF 498 +� 491 Fo + I OERp1 p%0p0 ` e, 49 _ I o W N r\ rn1+1' Q=� I LA) Q_ o '•,i :zz Ln m 4 m 1L 11 z `A9'S, + 1 10.4 I b' LEGEND: IRF WM - WATER METER CO - SANITARY CLEAN OUT FFE - FINISHED FLOOR ELEV. GFE - GARAGE FLOOR ELEV. WPP - WOODEN POWER POLE WP - WOOD POST IRF - IRON ROD FOUND IRS - IRON ROD SET x(494.5) - EXISTING SPOT ELEVATION 495 --_ - EXISTING CONTOUR N 30°35'00" E 60.00' IRS -499- a � BRICK FRAME SPLIT FOYER DWELLING WITH BRICK FACADE F.F.E. (508.09) G.F.E. (497.76) 39.2' 25' BRL . _RHA G (TYP:7 PIN 53 -A-109 1915 00 SQ. FT. N 0 H UTIL Y LINE WPP `.q+ S 30"35'00" W 60.00 PIN 53A-A-118 N/F DA VS D8 959 PO 450 NOTES: 1. NO TITLE REPORT FURNISHED. 2. EASEMENTS MAY EXIST THAT ARE NOT SHOWN ON THIS PLAT. 3. NO STREET ADDRESS POSTED AT TIME OF SURVEY. //6o 498 ... 1 o J � W m ^ � to C)F0 Q j yr 497 '� W W C� 496 LUNt: U COMMUNITY NO.: 510063 PANEL: 0105 B DATE: 7/17/1978 SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE INFORMATION SHOWN ON THIS PLAT IS BASED ON AN ACTUAL FIELD SURVEY MADE UNDER MY SUPERVISION ON NOVEMBER 28, 2006 AND THAT TO THE BEST OF MY KNOWLEDGE AND BELIEF THERE ARE NO ENCROACHMENTS OR VISIBLE EASEMENTS UNLESS SHOWN. HOUSE LOCATION & AS -BUILT TOPOGRAPHIC SURVEY OF THE LAND OF EAGLE PLACE INDUSTRIES, INC. INSTRUMENT NO. 060014375 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: 11129/2006 1 SCALE: V=20' 1 SHEET 1 OF 1 1 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 - EMAIL office@marshandlegge.com &019�1 PLT H OF lr/ Ci Z' W. Marsh No. 0011843 / �- V,) s u DRAWN BY: CAJ DWG NAME: ID7826-HLS-109 • 0 AGREEMENT VARIANCE 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 ev ? da rio o u lic 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 q!�KCANT DATE -- SIGNATURE OF OWNER DATE �/3 d�— (if other than applicant) OFFICE USE ONLY- BZA PUBLIC HEAFJN (W10 ACTION: BZA CHAIRMAN - DENIAL DATE: Page 9 of 9 I \ I�o � I rn I (n J hc, I YOcD I mQa�� 13�0.N� IRF _ S 5925'00" E 90.00' _ IRF h Q m J o 2 mo 10' BRL mm�m F— I I a W I I Im � ti o� I 53A-A-1085,119 SO.FT (ORIGINAL) o 5, 404 SQ. FT. (ADJUSTED) Q a N ZONED: RP USE.' RESIDENTIAL N J S v EX PROP. LINE 10' BRL J j HEREBY VA CA TED aZ 4 J � W Q Z m I (PROP. LINE HEREBY CREA TED) IRS U) er W IRS 0--- S 5925'00" E 90.14' I o rn o n� I m-�rnoW 10' BRL ° m m �LQ ASPHALT _ m m DRI VEWA Y r — — — � Q 53A-A-107 Q3mZ) W� Q 5,814 SO.FT (ORIGINAL) ^ � a Z CONCRETE 5, 529 SQ. FT. (ADJUSTED) 3 m z BASEMENT ENT. ZONED: RP 3 CQ o m W USE: RESIDENTIAL p p 0 30.5' I h I N N m z ry �Ie EX. 1-STORY Ln Z N FRAME HOUSE 10 BRL 30.5' 2.5T EX PROP. LINE HEREBY VA CA TED 6.1, N 5828'18" W 90.JO' POINT IRS — —' — ON ROCK 53-A-104A 9,00DEN FENCE _ GEORGE N. & - MARY JANE CARTER SCALE INST. #030011527 40' PLAT - DB 799 PG 1392 0 20' LEGEND ZONED: RP ^ USE: RESIDENTIAL 20 IRF - IRON ROD FOUND 1 INCH = 20 FEET IRS - IRON ROD SET 53A-A-109 EAGLE PLACE INDUSTRIES, INC. INST #060074375 ZONED: RP USE.- RES/DEN 17AL BOUNDARY LINE ADJUSTMENT BETWEEN THE LANDS OF NORMAN L. && NANCY L. TISINGER DEED BOOK 96J PAGE 728 STONEWALL DISTRICT IC COUNTY, KRG/NIA DATE 1/3/07 l SCALE 20 1 " = TH OF 1, S. W. Marsh No. 001843 I /Z/o l 4 SHEET. 2 OF 2 Marsh & Legg e Land Surveyors, P.L.C. *7 560 NORTH LOUDOUN STREET WINCHESTER, 14RGINIA 22601 PHONE (540) 667-MB - FAX (540) 667-0469 EMAIL office6marshandlegge.com DRAWN BY: MBB DWG NAME:7985—BLA PLAT rfi54.( „ CURTIS W. MAY, ET UX TO CECIL C. AFFLECK THIS DrID made and dated this 24th day of October, 1958, by -and between Curtis W. May and Sue V. May, his wife, parties of the first part; and Cecil C. Affleck, party of the second part. WITNESSETH: That for and in consideration of the sum of i $10.00 and other good and valuable consideration, the receipt of all of which is •it hereby acknowledged, the said parties of the first part do hereby grant and convey, with general warranty of title, unto the said party of the second part, in fee simple, 9� all of that certain lot of land, together with the improvements thereon and the \ appurtenances thereunto belonging, lying and being situate about 1 mile north of Winchester in Stonewall Magisterial District, Frederick County, Virginia, containing 9,952 square feet, more particularly described by that certain plat and survey dated October 20, 1958, prepared by Lee A. Ebert, C.L.S., hereto attached and by this re- ference made a part of this deed, being the same property conveyed to the said par- ties of the first part by deed of Jackson DeHaven, et ux, dated January 22, 1955, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 235, page 24, to which deed and the references therein, reference is made for a further description of the said property. The said parties of the first part covenant that they have the right to convey the said property; that the said property is free of any encum- brances; that the said party of the second part shall enjoy quiet possession to the said property and the said parties of the first part will execute such further assur- -ances of title as may be requisite. Witness the following signatures and seals this date first above written. ********************* CURTIS W. MAY (SEAL) REVENUE STAMPS $7 70 * SUE V. MAY (SEAL) CANCELLID ********************* State of Virginia County of Frederick, to -wit: I, Eula Shipe, a Notary Public in and for the County of Frederick, State of Virginia, do hereby certify that Curtis W. May and Sue V. May, his wife, whose names are signed to the foregoing writing bearing date the 24th day of October, 1958, have personally appeared before me and acknowledged the same in my County and State aforesaid. My commission expires October 19, 1960. Given under my hand this 24th day of October, 1958• EULA SHIPE Notary -Public 3 I O ROADWAYJOLDRT. 7 - LINE LOTS a N 'O 788' '"O"BEG" vo E N N Z 800.4 3 60.1' LJ o Ln LI r- to cc ¢O M Z STAKE T zz z Z. FRONTING PURCELL e DRIVE u nn + I s N 32 �58 E- 322 S 53° 27'E- I V O NING. 9,952 SFT. -' 324 _ 12 Q S 24° r W 1=O- n V aT. 5 2� / a CERTIFIED CORRECT F/c- LEE A. EBERT, C.L.S. The above Plat is a Survey of the Curtis W. May Lot. The said Improved Lot fronts the western line of a 12 Ft. Right -of -Way (Foreman Drive) extending northwardly from the North Frederick Grade-U. S. 7522, at Sunnyside, in Stonewall District, Frederick County, Virginia: Beginning at an iron pin at the southwestern corner of the Lot, a corner to the Frye Lot, which pin is located by measuring 788 ft. northeastwardly along the original Patton - Stotler Line from a point in the northern line of the Old Roadway (Old Rt. #7), also by measuring 800.4 Ft. northeastwardly along the said line from a point in the northern line of the North Frederick Grade - U. S. 'r522, wing with a line of the Lots fronting Purcell Drive N 32° 04' E - 322 ft. to an iron pin in a line of the Price Lot; thence with the said line S 53a 27' E - 11 ft. to an iron pin in the western line of the 12 Ft. Right -of -Way; thence with the said line S 240 58' W - 324 ft. to a stake corner to the said Frye Lot; thence with a line of the said Lot N 57a30 W - 51 ft. to the beginning. Containing - - 9,952 Sq. Ft. LEE A. EBERT Surveyed - - - October 20, 1958, Certified urveyyor Comm. of Virginia # 484. VIRGINIA FREDERICK COUNTY, (SCT. This instrument of writing was produced to me on the 24th day of October 1958 at 1:55 P. M. and with certificate of acknowledgment thereto annexed was admitted to record. �4' , CLERK HOUSE LOCATION SURVEY LAND OF E�� CHARLES 4. DENNY WILL BOOK 80 PAGE 543 STONEWALL DISTRICT FREDERICK COUNTY, VIRGINIA THIS LOT IS LOCATED IN HUD FLOOD ZONE C, AREA OF MINIMALFLOODING AS SCALED FROM FIRM YAP 510063 0105 B EFFECTIVE JULY 17, 1978 0 rn N F DICK TRITON DB 791 P. 1383 S 30'01'38" W 40.00' IRS IRS Z m o0 CO PPO W CD w TM 53A-A-98 I n 00 3,502 SQ. FT. - r` m00 Q I L DRIVEWAY EASEMENT FOR THE 3 = O BENEFIT OF TM 53A—A-98 & 99 'n _ Q01 HEREBY DEDIC U) ENT s. f ' 1 STORY I CO > FRAME # 1116 _ # 1112 BIZ v CV 28.3' % 0 � STP o0 gb0 pp� N 30'35'09" E 40.00' PURCELL LANE - rr NO TITLE REPORT FURNISHED 262.5' TO N. FREDERICK P . IRS C ( / cl X-) -THoA RI CHSTOPHER D. FURSTENAU, L.S. PC 133 WEST BOSCAWEN STREET SUITE 2 WINCHESTER, VIRGINIA 22601 540 542-1164 FAX 540 542-1183 SERVICES@CDFSURVEYS.COM CHAISTOPIIER D. MEMBER VIRGQYIA ASSOCIATION OF SURVEYORS FURSTENAti ATE: SEPT. 25, 2006 THIS IS TO CERTIFY THAT ON No' 2727 GALE: 1 "= 20' SEPTEMBER 25, 2006 THAT 1 MADE AN f-1)� Zoac ACCURATE SURVEY OF THE PREMISES TAX MAP: 53A—A-9A SHOWN HEREON AND THAT THRRR ARR THIS IS TO CERTIFY THAT ON APRIL 17, 2 THAT I MADE AN ACCURATE SURVEY OF THE P SES SHowN HEREON AND THAT THERE ARE NO EASEMENTS OR ENCROACHMENTS VISIBLE ON THE GROUND OTHER ' THAN THOSE SHOWN HEREON. I 00 rr r; m DECK W 0 rrl O 5.6' IT Ln Ln r, 0 0 m 1 1/2 story ID frame z n W 01106 10.6'oPORCH o 12 JGF N 30035r26"E 40.00' PURCELL LANE ( 30' WIDE ) STINE ,IT-rn-- THIS LOT IS LOCATED IN FLOOD ZONE C, AREA OF MINIMAL FLOODING AS SHOWN ON FIRM MAP A 510063 0105 H EFFECTIVE JULY 17, 1978 n m 0 cv m I N (7 X ad m 3 is o O LR 0 m LN Fq M Z 1 d I ID m 3 (N Z DEL Q w NE AY 222' : is orih Freder" Pike 9F,0 age AA v DAVID AL FOBI' U NO. 1455 '%�o SUR`I� LAND OF T. P. AND SUSAN M. GOODMflN STONEWALL DISTRICT FREDERICK COUNTY, VIRGINIA HOUSE LOCATION SURVEY FURSTENAU SURVEYING III SOUTH LOUDOUN STREET WINCHESTER, VIRGINIA (540) 662-9323 � "' OATS: APRIL 17, 2002 SCALE: I" = 15' tax map 53A-A-97 DEED REF. BB, 836 P. 1157 C P'j BK799PG1392 Cr, N� lH \ ' 90 OO. \ \ T� ch sd4Mi „�'� \ 9S39gcC 1p�9 /\\ atis6. N LEGEND IRF Iron Rod Found O 1. The lot represented by this plat was conveyed SURVEYOR'S CERTIFICATE to Fronk V. Sherwood, Jr. and Beverly J. Sherwood, his wife, by deed dated 25 May 1990 and recorded I hereby certify that the information shown on this among the land records of Frederick County, Virginia plat Is based on on actual fleld survey mode under l n Deed Book 745 at Page 736. my supervision and there are no encroachments or 2. No title report furnished. visible easementsunless shown 3. This lot does not lie within c H.U.D. designated C=!`"V" %�lf4l/ 100 year flood zone. � Douglas C. Legge, C.L.S. BUILDING LOCATION SURVEY of �T H pF PREMISES LOCATED AT �P 1144 PURCELL DRIVE �p STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA Y D U E VHY DATE• JUNE 17 1993 CERTIFICATE NO. DATE: JUNE 29, 1993 SCALE: 1 =20 SUR I a 9 gildert w. difford & associates, inc. 1R D ENGINEERS - LAND PLANNERS - SURVEYORS I50-a Gd. Gr—wich De- rrade�Wu ., 4-W 22401 zoo Norm Co�+ran street Mncls.ler, YvQMId 226GI (103) 898-2lt5 (703) 667-2�39 VIRGINIA: FREDERICK PLAT b: HLP01144.DWG This�Ins�truaw,,-rt d ulg was produced too nse�onn the a 191LJa'wnannexer end with ceRBiw tecknowledgrnent thereto annexed was admitted to r Tu Imposed by Sea. 5BB54.1 of SJ.1�e)and 5&54 have been paid, it assessable. v CLERK C 4. "r k-- � Mal Y / W-95, q \ I 1 !' •f f., IN, y� rV i #_1 a f iii7i% S � r •_ . w - tP i .. 1 s m 0 7563-8039 EBY/cmj N J THIS DEED, made and dated this 27" day of July, 2006 by and between JAMES G. GIBSON, hereinafter called the Grantor, and EAGLE PLACE INDUSTRIES, INC., a Virginia Corporation, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantor does grant and convey, with General Warranty and with English Covenants of Title, unto the Grantee, in fee simple, together with all rights, rights of way, privileges improvements thereon and appurtenances thereto belonging, all of the following realty: All of those two (2) certain lots or parcels of land together with all improvements and appurtenances thereto belonging, lying and being situate along the Eastern side of Purcell Drive at Sunnyside, about one mile Northwest of Winchester, in Stonewall District, Frederick County, Virginia, fronting on said Purcell Drive a distance of 120 feet, and extending back Eastward between parallel lines a distance of 90 feet, described as PIN #53A-A-109, containing 5,400 square feet and PIN #53A-A-111, containing 5,400 square feet, and further more particularly described by plat and survey drawn by S. W. Marsh, L.S., dated July 5, 2006 attached hereto and made a part hereof as if set out in full. AND BEING the same property conveyed to James G. Gibson by Deed from Daisy L. Peacemaker, by her Guardian and Conservator, Pam Peacemaker, dated June 29, 2006 of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, as Instiument Number 060012443. Reference is hereby made to the aforesaid instruments and the references contained therein for a further and more particular description of the property conveyed herein. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty. The Grantor does hereby covenant that he has the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and 1 encumbrances; and he will grant such further assurances of title as may be requisite. WITNESS the following signature and seal: JAMES G. GIBSON .1 STATE OR VIRGINIA (SEAL) COUNTY OF FREDERICK, To -wit: I, Cathy M. Jewell, a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that James G. Gibson, whose name is signed to the foregoing Deed, dated this 27" day of July,'2006 has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 26' of July, 2006. My commission expires: 12/31/08. Notary Public Fa VARIANCE APPLICATION #12-07 EAGLE PLACE IND., INC. Staff Report for the Board of Zoning Appeals Prepared: August 1, 2007 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Board of Zoning Appeals to assist them in making a decision on this request. It may also ,be useful to others interested in this zoning matter. BOARD OF ZONING APPEALS HEARING DATE: August 21, 2007 - Action Pending LOCATION: 1160 Purcell Lane (Route 721) MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 53A-A-109 PROPERTY ZONING & USE: Zoned: RP (Residential Performance) District Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RP (Residential Performance) Use: Residential South: RP (Residential Performance) Use:. Residential East: RP (Residential Performance) Use: Residential West: RP (Residential Performance) Use: Residential VARIANCE REQUESTED: The applicant is requesting a 14 foot rear yard variance, resulting in a rearyard setback of 11 feet, for the construction of a wooden deck. REASON FOR VARIANCE: The applicant built a deck without a building permit over the rear setback. Variance #12-07, Eagle Place Ind., Inc. August 1, 2007 Page 2 STAFF COMMENTS: The Frederick County Building Department received a complaint on May 29, 2007, reporting a deck built on this property. The deck was failed because a building permit was not applied for. The applicant applied for a building permit for a deck on July 7, 2007, and was not issued the permit due to a rear setback violation. The applicant applied for a building permit (#2102) for a single-family dwelling with no deck on the permit on property that is zoned RP (Residential Performance). The minimum building setbacks within the RP Zoning District are: front 35 feet, sides 10 feet and rear 25 feet'. The applicant's building permit had building setbacks of.front: 38 feet, sides 16.5 feet and rear 26 feet. The applicant was required to submit a house location survey, as required by the zoning ordinance, for any primary structure located five (5) feet or less from any minimum setback. The setback survey placed the single-family dwelling at 25.3 feet at the rear BRL as shown. The applicant has applied for a 14 foot variance that, if approved, will result in a rear setback of 11 feet, to allow for this deck. (See attachments) The Code of Virginia 15.2-2209 (2), states that no variance shall be granted unless the application can meet the following requirements: 1) The strict application of the Ordinance will produce an undue hardship. 2) The hardship is not generally shared by the properties in the same zoning district and vicinity. 3) That the authorization of such variance will not be a substantial detriment to the adjacent property and the character of the district will not be changed by the variance. STAFF CONCLUSIONS FOR THE AUGUST 21, 2007 MEETING: This application for a variance does not meet the requirements as set forth by The Code of Virginia 15.2-2209(2), and the Frederick County Zoning Ordinance and staff would recommend denial of this variance application. The strict application of the Frederick County Zoning Ordinance does not produce an undue hardship as required by the Code of Virginia. This violation of the setback requirements was self-inflicted, as the deck was constructed without a building permit. LJ L� WINCHESTER LAW GROUP, P.C. Attorneys and Counselors at Law Russell A. Fowler 29 North Braddock Street James R. Larrick, Jr. Winchester, Virginia 22601 J. David Griffin James A. Drown Telephone (540) 667-6400 Beth M. Coyne Facsimile ( 540) 722-0654 E-Mail: rfowler(a),winchesterlaw.com. August 10, 2007 Mark R. Cheran, Zoning Administrator Frederick County Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601-5000 RE: Variance Request #13-07 of Eagle Place Ind., Inc. Request to Continue Hearing Date Dear Mr. Cheran: Please Reply To: Post Office Box 444 Winchester, Virginia 22604 I represent James Gibson and Eagle Place Ind., Inc., and have been asked by Mr. Gibson to appear with him at the public hearing to consider the above -referenced variance request. I have received a notice of hearing for Tuesday, August 21, 2007, at 3:25 p.m. Mr. Gibson is scheduled to be out of town on that date and cannot alter his plans and I will be in a trial in the Circuit Court of Frederick County that afternoon. Both Mr. Gibson and I would sincerely appreciate it if this mattercould be moved to the September, 2007 docket at which time both of us will be able to attend. Thank you for your consideration of this request. I will look forward to hearing from you. With kind regards, I am Very truly yours, Russell A. Fowler RAF:kbj cc: Mr. James G. Gibson • EXAMPLES Example I #53A A 107 Purcell Lane House not in approved area Example II #53A A 118 Foreman Lane — Property borders the rear of 53A A 109 and 53A A I l l Example III #53A A 98 Purcell Lane — note front and right set backs Example IV #53A A 97 Purcell Lane — note location of driveway, Front and left setbacks of house Example V 53A A 104A Purcell Lane — note location of driveway, front and right setbacks of house t. 0 PICTURES 1. Old barn at end of Purcell Lane Feb. 2007 2. Old barn at end of Purcell Lane May 2007 3. Rear view of Example II 53A A 118 (Foreman Lane) Against the rear of 53A A 108 & 109 & 111 (1.45' see plat) 4. Rear view of lot 53A A 109 Purcell Lane 5. Rear view of lots 53A A 109 & I I I N DEPT. OF. GEOGRAPHIC INFORMATION SV--STEN�C FREDERICK COUNTY, - IlMGINU \• W E - GIS, M"PING, GRAPHICS WORKIREQUEsT S DATE RECEIVED: REQUESTED COMPLETION DATE:oZ REQUESTING AGENT: Department, Agency, or Company: Mailing and/or Billing Address: — Telephone: E-mail Address: ESTIMATED COST OF PROJECT:_ DESCRIPTION OF REQUEST: (Write DIGITAL: PAPER: SIZES: COLOR:. BLACK/WBITE: STAFF MEMBER: COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: _----------- 1I h )e-lfl-Af (�-F- W `7 AJ FAX: E-MAIL: NUMBER OF COPIES: HOURS REQUIRED:_ AMOUNT PAID: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) SANITARY MH QJRIM=500.08 835't TO INTX. PURCELL LANE - VA. SEC. RTE. 721 RTE. 522 (Variable Width R/W) IRF 498 t� 4g6 0 �I 0 h� 1 Z 10.439.2' - ----_----- -- 25' BRL -- ,,a OVERHA G (TYP:) -- PIN 53 -A-109 M 495 5,400 SQ. FT. N 0/H UTILITY LINE —WPP LEGEND: IRF WM - WATER METER CO - SANITARY CLEAN OUT FIFE - FINISHED FLOOR ELEV. GFE - GARAGE FLOOR ELEV. WPP - WOODEN POWER POLE WP - WOOD POST IRF - IRON ROD FOUND IRS - IRON ROD SET x(494.5) - EXISTING SPOT ELEVATION 495 -_� - EXISTING CONTOUR NOTES: `°'_ I N 30°35'00" E 60.00' IRS b��h1 • L. +` Q--I - 499 --- a Li Q + BRICK STOOP 498.-. 011 COQ �ti. �5 BR— Lai 10.5' o FRAME SPLIT FOYER DWELLING WITH BRICK FACADE F.F.E. (508.09) G.F.E. (497.76) S 30°35'00" W 60.00' 1. NO TITLE REPORT FURNISHED. 2. EASEMENTS MAY EXIST THAT ARE NOT SHOWN ON THIS PLAT. 3. NO STREET ADDRESS POSTED AT TIME OF SURVEY. PIN 53A-A-118 N/F DA CIS DS 959 PG 450 J (If LLJ Ip 0 0 t �601 N 497 �1 A - I+ 496 IRF FLOOD NOTE: ZONE: C COMMUNITY NO.: 510063 PANEL: 0105 B DATE: 7/17/1978 SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE INFORMATION SHOWN ON THIS PLAT IS BASED ON AN ACTUAL FIELD SURVEY MADE UNDER MY SUPERVISION ON NOVEMBER 28, 2006 AND THAT TO THE BEST OF MY KNOWLEDGE AND BELIEF THERE ARE NO ENCROACHMENTS OR VISIBLE EASEMENTS UNLESS SHOWN. HOUSE LOCATION & AS -BUILT TOPOGRAPHIC SURVEY OF THE LAND OF EAGLE PLACE INDUSTRIES, INC. INSTRUMENT NO. 060014375 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: 11/29/2006 1 SCALE: 1"=20' 1 SHEET 1 OF 1 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 - EMAIL office@marshandlegge.com T H OF �/ O U Y . W. Marsh No. 001843 "r qN0 3U v��0 DRAWN BY: CAJ DWG NAME: ID7826-HLS-109 a. i 53A -A -109 EAGLE PLACE INDUSTRIES, INC. INST.- #060014375 ZONED.- RP USE.- RESIDEN RAL IRF _ S 59 25'00 " E 90.00 " _ IRF 10' BRL I I � I I m O I 53A-A-108— co 5, 119 SO.FT (ORIGINAL) `O 5,404 SQ.FT. (ADJUSTED) o N ZONED: RP - USE: RESIDEN RAL N EX PROP- LINE A10' BRL J HEREB Y VA CA TED I (PROP. _LINE HEREB Y_CREA TED) _1 IRS IRS--- ,S 5925'00" E 90.14' I J O �W Lo � o o ooLnm� C N Ll �Q cf) 2 him Z m 00�cz � Z Q � W Q o �o I o -' b rn�N IRS -A SPHAL T DR/ VEWA Y CONCRETE BASEMENT ENT 10 BRL _ _ A 107 �I .n cz I 5,814 S30. F A (ORIGINAL) ^ o z 5,529 SQ.FT. (ADJUSTED) 3 Lc) m Z m ZONED: RP O o '- USE: RESIDENTIAL o p ' LEEX-1-STORY 5 I mN �I N �6.3 c� N UAAME OSE 10" BRL 5, X PROPLINE .ZE HEREBY VACA TED POIN T 6.1 _N 5828'18" W 90.30' _ ON ROCK 53-A-104A N�00 E FENCE _ GEORGE N. & � — MARY JANE CARTER INS T #030011527 'SC— - L E ' 40' PLAT DB 799 PG I EN 0 20 LEGEND— ZONED: RP - USE.- RESID LEENTIAL 20' IRF - IRON ROD FOUND 1 INCH = 20 FEET IRS - IRON ROD SET �A-A,"A BOUNDARY LINE ADJ SoMENT BETWEEN N NORMAN L. �ER NANCY L. TISIN DEED BOOK 96J PAGE 728 STONEWALLC KDISTRICT COUNTY, VRG A SCALE.' 1 " =�2_0_ SHEET- 2 OF 2 DATE' 1/3/07 Marsh &Legge Land Surveyors, P.L.C. Ma VIRGINIA 22601 560 NORTH LOUDOUN STREET WINCHESTER, N FAX (540) 667-0469 N EMAIL office®marshandlegge.com PHONE (540) 667-0468 �,TH OF L) S.W. Marsh No. 001843 �1Z/,ol o,_ DRAWN BY: MBB DWG NAME:7985-BLA PLAT it 154'( CURTIS W. MAY, ET UX • TO DEED 'e CECIL C. AFFLECK THIS DEED made and dated this 24th day of October, 1958, by `and between Curtis W. May and Sue V. May, his wife, parties of the first part; and .,Cecil C. Affleck, party of the second part. X: WITNESSETH: That for and in consideration of the sum of ti $10.00 and other good and valuable consideration, the receipt of all of which is qe,t hereby acknowledged, the said parties of the first part do hereby grant and convey, with general warranty of title, unto the said party of the second part, in fee simple, �•3� all of that certain lot of land, together with the improvements thereon and the �y\ pncterces thereunto bstljsticdbdsituate ,tiginorth of Wihesin Stonewall MagieeriialDistrt,Frerick County, Virginia, containing 9,952 square feet, more particularly described by that certain plat and survey dated October 20, 1958, prepared by Lee A. Ebert, C.L.S., hereto attached and by this re- ference made a part of this deed, being the same property conveyed to the said par- ties of the first part by deed of Jackson DeHaven, et ux, dated January 22, 1955, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 235, page 24, to which deed and the references therein, reference is ;made for a further description of the said property. The said parties of the first part covenant that they have the right to convey the said property; that the said property is free of any encum- brances; that the said party of the second part shall enjoy quiet possession to the said property and the said parties of the first part will execute such further assur- ances of title as may be requisite. Witness the following signatures and seals this date first above written. ******************** CURTIS W. MAY (SEAL) REVENUE STAMPS * (SEAT) $7.70 * SUE V. MAY CANCELLED State of Virginia County of Frederick, to -wit: I. Eula Shipe, a Notary Public in and for the County of Frederick, State of Virginia, do hereby certify that Curtis W. May and Sue V. May, his wife, whose names are signed to the foregoing writing bearing date the 24th day of October, 1958, have personally appeared before me and acknowledged the same in my County and State aforesaid. My commission expires October 19, 1960. Given under my hand this 24th day of October, 1958. 3 1 O OLD ROADWAY RT. 7 - LINE LOTS d N 788' PT09E0. POSE_ N N Z 800.4'In W O U) Ln W > I- I- 7n .X MO Ln n J Z V. _To f EULA SHIPE Notary Public zz z Wz zW FRONTING PURCELL , yes DRIVE 0 3ZO A- .� T 9,952 SQ. FT. S240 58' R.T. 522 / S 53° 27'E- I I' p J ::� - �N �- z 12' R - O -� n w cr a ff CERTIFIED CORRECT /""/4? LEE A EBERT, C.L.S. 5C4 ku" /_ The above Plat is a Survey of the Curtis W. May Lot. The said Improved Lot fronts the western line of a 12 Ft. Right -of -Way (Foreman Drive) extending northwardly from the North Frederick Grade-U. S. #522, at Sunnyside, in Stonewall District, Frederick County, Virginia: Beginning at an iron pin at the southwestern corner of the Lot, a corner to the Frye Lot, which pin is located by measuring 788 ft. northeastwardly along the original Patton - Stotler Line from a point in the northern line of the Old Roadway (Old Rt. ,'#7), also by measuring 800.4 Ft, northeastwardly along the said line from a point in the northern line of the North Frederick Grade - U. S. #522, running with a line of the Lots fronting Purcell Drive N 320 04' E - 322 ft. to an iron pin in a line of the Price Lot; thence with the said line S 530 27' E - 11 ft. to an iron pin in the western line of the 12 Ft. Right -of -Way; thence with the said line S 240 58' W - 324 ft. oW- stake to the said Frye Lot; thence with a line of the said Lot N 57 3 ft. to beginning. Containing - - 9,952 Sq. Ft. LEE A. EBERT Surveyed - - - October 20, 1958, certified Land 3urveyor, Comm. of Virginia # 484. VIRGINIA FREDERICK COUNTY, (SCT. This instrument of writing was produced to me on the 24th day of October 1958 at 1:55 P. M. and with certificate of acknowledgment thereto annexed was admitted to record. -UA_�, u , ,CLERK HOUSE LOCATION SURVEY LAND OF x►�= CHARLES O. DENNY WILL BOOK 80 PAGE 543 STONEWALL DISTRICT FREDERICK COUNTY, VIRGINIA N/F DICK S 30'01'38" IRS .c °�! RNA Z a:o0 0 O wco I 0D 4 DRIVEWAY EASEMENT FOR THE 00 BENEFIT OF TM 53A—A-98 & 99 'n HEREBY DEDIC 0 9, } # 1116 0 c NO TITLE REPORT FURNISHED THIS LOT IS LOCATED IN HUD FLOOD ZONE C. AREA OF MINIMAL FLOODING AS SCALED FROM FIRM YAP 510063 0105 B EFFECTIVE JULY 17, 1978 TRITON DB 791 P. W 40.00' IRS TM 53A-A-98 3,502 SQ. FT. m 1 STORY FRAME # 1112 N 28.3' N N 30'35'09" E 40.00' PURCELL LANE 30' RNLI pox 1383 00 N 0o r� co� f � O Q in ` ,Z- �00 u� z 262.5' TO N. FREDERICK PI . IRS C f Z1 <. CHRISTOPHER D. FURSTENAU, L.S. PC 133 WEST BOSCAWEN STREET SUITE 2 WINCHESTER, VIRGMU 22601 540 542-1164 FAX 540 542-1183 SERVICESQa CDFSURVEYS.COM MEMBER VIRGINIA ASSOCIATION OF SURVEYORS IATE: SEPT. 25, 2006 THIS IS TO CERTIFY THAT ON 'CALE: 1 "- 20' SEPTEMBER 25, 2006 THAT I MADE AN ACCURATE SURVEY OF THE PREMISES AX MAP: 53A-A-9R SHOWN HEREON AND THAT THRRR ARAi e/e119 THIS IS TO CERTIFY THAT ON APRIL 17, 2002 THAT I MADE AN ACCURATE SURVEY OF THE PREMISES SHOWN HEREON AND THAT THERE ARE NO EASEMENTS OR ENCROACHMENTS VISIBLE ON THE GROUND OTHER THAN THOSE SHOWN HEREON. ao rx t` cd r- cn m W a DECK P = f O O t1r) O d U� 23.S' 4 0 co m 1 1/2 story Iq Z M CD :. frame n. Z iv tD L,10 01108 m 10.6' u� 2 Q GRAVEL Q ` PORCH o 12.9' w DRIVE AY N N 30035r26"E 40.00' PURCELL LANE ( 30' WIDE ) THIS LOT IS LOCATED IN FLOOD ZONE C, AREA OF MINIMAL FLOODING AS SHOWN ON FIRM MAP # 510063 0105 B EFFECTIVE JULY 17, 1978 222' t 10 North Frederick Pace DAYID M. Brew NO. 1455 y 1;-ee, "'a sugqE0 LAND OF T. P. AND SUSAN M. GOODMAN STONEWALL DISTRICT FREDERICK COUNTY, VIRGINIA HOUSE LOCATION SURVEY FURSTENAU SURVEYING III SOUTH LOUDOUN STREET WINCHESTER, VIRGINIA (540) 662-9323 GATE: APRIL 17, 2002 SCALE: I" = 15' tax map 53A-A-97 DEED REF. BB. 636 P. 1157 C • • U r 8K799Pc 1 392 < 4 4"- R "� Cf Nr 1 00. Qa• / y r `sci9 Notch `rry SoRR \ J AC In Rob sr 4 R N \ 9p ar Ao°i a IRFFINIronn Rod Found / / 1. The lot represented by this plot was conveyed SURVEYOR'S CERTIFICATE to Frank V. Sherwood, Jr. and Beverly J. Sherwood, his wife, by deed dated 25 May 1990 and recorded I hereby certify that the information shown on this among the land records of Frederick County, Virginia plot Is based on on actual field survey mode under in Deed Book 745 of Page 736. my supervision and there are no encroachments or 2. No title report furnished. visible easements unless ssh,o/wn 3. This lot does not lie within o H.U.D. designated . �� 100 year flood zone. D las C Le e C L S. pf:fl� s µ o �P L aug gg , BUILDING LOCATION SURVEY of PREMISES L OCA TED AT 1144 PURCELL DRIVE STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA 1"-20' SURVEY DATE: JUNE 17 1993 O CERTIFICATE NO. DATE: JUNE 29, 1993 SCALE. - t gifbert w. clifford & associates, Inc. �Rj D ENGINEERS - LAND PLANNERS - SURVEYORS _ LAND SURVEYOR 150-C ilme Greww1ch DO" Frodsicksbung. Wginlo 22401 mnc North Caginlo Z26GI wlncnsala. WQInIo 226GI 7 667-2'J9 t o) a96-tii5 (a3) VIRGINIA: FREDERICK PLAT a: HLP01144.DWG This instrument of ing was Produced 9.1G.J to ritet,,T •• -�s�-,��---�J ya W and with cartilrLf� nowledgment thereto annexed was admitted tD ax Imposed by Sec. 5854.1 of s!%/..5�)and 58-5544 have been paid , if assessable. CLERK 03001/527 THIS DEED, made and dated thisda y of 2003 y b and between JOSE S. AYALA, hereinafter called the Grantor; and GEORGE N. CARTER and MARY JANE CARTER, husband and wife, hereinafter called the Grantees. WITNESSETH: That for and in consideration of the sum of Ten Dollars, and other valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey with General Warranty and English Covenants of title unto the Grantees, as tenants by the entireties, with common law right of survivorship, the following property: All that certain lot or parcel of land, together with all rights, rights of way, and appurtenances thereunto belonging and improvements thereon, lying and being situate in Sunnyside, Stonewall Magisterial District, Frederick County, Virginia, fronting sixty (60) feet on Purcell Drive and extending eastward with a uniform width of sixty (60) feet for a distance of ninety (90) feet to its rear boundary and more particularly described by plat and survey of Douglas C. Legge, C.L.S., dated June 17, 1993, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 799, at Page 1392; AND BEING the same property conveyed to Jose S. Ayala by deed dated January 7, 2002, from Darryl G. Willis and Alicia S. Willis of record in the aforesaid Clerk's Office as Instrument No. 020000344. Reference is hereby made to the aforesaid instruments and the attachments and the references therein contained, for a more particular OR1COORY F. HUTCHINRON ATTORNEYATLAW 124E3' BPAODOCK ST. MNCHESTER, VA 22601 CD 0 • description of the property hereby conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record, if any, affecting the subject property. WITNESS the following signature and seal: CD C-) r.� J03 , S 4 yq& (SEAL) JOSE S. AYALA STATE OF , CITY F , to -wit: The foregoing instrument was acknowledged before me in my aforesaid jurisdiction this S9#-day of , 2003, by Jose S. Ayala. My Commission Expires: la, J ou a Ili► ...." my), W-6, I M PF"___NOTARY PUBLIC VIRGINIA: FREDERICK COUNTY, SCT. This instrument of writing was produced to me on at ind th certificate of acknowledgement thereto annexed wa dmitted to record. T imposed by Sec. 58.1-802 of and M.1-801 have been paid, if assessable Clerk OAROOAY F. HUTGHfIVmON AT TORNEV AT LAW 124 9. BRAOOOCK ST. ^1NCHe6TE37, VA 82B01 SANITARY MH ®RIM=500.08 835't TO INTX. PURCELL LANE - VA. SEC. RTE. 721 RTE. 522 (Variable Width RfW) IRF --- A1 498 .. 49-1 M �0 IO1P�096�� �+•�,,' DER � \a�`'�, 4g6 ` 0 � 9 +1 QZ C)I Of m N o Z a�wg1 1 +, 10.4' 1 LEGEND: IRF WM - WATER METER CO - SANITARY CLEAN OUT FFE - FINISHED FLOOR ELEV. GFE - GARAGE FLOOR ELEV. WPP - WOODEN POWER POLE WP - WOOD POST IRF - IRON ROD FOUND IRS - IRON ROD SET x(494.5) - EXISTING SPOT ELEVATION �_ 495 --, - EXISTING CONTOUR N 30035'00" E 60.00' I IRS y---..-. 1--------------_--------.I.--- 499 ---- ...._------_------•`•---- +`a� I Q I>_ `�•.1 1. J I BRICK STOOP ti� rn ti '+ � FRAME SPLIT FOYER DWELLING WITH BRICK FACADE F.F.E. (508.09) G.F.E. (497.76) 39.2' G (TYP:) 25' BRL PIN 53 ,"1 00 �- _.,j/ O/H AUTI -A-109 Q. FT. 'ri N L�Ah+I wPP S 30035'00" W 60.00' P/N 5JA-A-118 N/F DA VS D8 959 PG 450 NOTES: 1. NO TITLE REPORT FURNISHED. 2. EASEMENTS MAY EXIST THAT ARE NOT SHOWN ON THIS PLAT. 3. NO STREET ADDRESS POSTED AT TIME OF SURVEY. 12 498 .-. - 1 5' 10L o '' Z o 0) o�N497�Q+... 496 wi FLOOD NOTE: ZONE: C COMMUNITY NO.: 510063 PANEL: 0105 B DATE: 7/17/1978 SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE INFORMATION SHOWN ON THIS PLAT IS BASED ON AN ACTUAL FIELD SURVEY MADE UNDER MY SUPERVISION ON NOVEMBER 28, 2006 AND THAT TO THE BEST OF MY KNOWLEDGE AND BELIEF THERE ARE NO ENCROACHMENTS OR VISIBLE EASEMENTS UNLESS SHOWN. HOUSE LOCATION & AS -BUILT TOPOGRAPHIC SURVEY OF THE LAND OF EAGLE PLACE INDUSTRIES, INC. INSTRUMENT NO. 060014375 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: 11/29/2006 1 SCALE: V=20' 1 SHEET 1 OF 1 Marsh & Legge Land Surveyors, P.L.C. ej560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 - EMAIL office@marshandlegge.com T H OF U � . W. Marsh No. 001/843/ q - _U v o DRAWN BY: CAJ DWG NAME: ID7826-HLS-109 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING September 4, 2007 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #12-07 OF EAGLE PLACE IND., INC. On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, September 18, 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 912-07 of Eagle Place Ind., Inc., for a 14 foot rear yard variance, resulting in a rear yard setback of 11 feet, for the construction of a wooden deck. This property is located on Purcell Lane (Route 721), and is identified by Property Identification Number 53A-A-109 in the Stonewall 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. Sincerely, 4ark R. Cheran Zoning Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify th t the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: Eagle Place Industries, Inc. PO Box 1866 Winchester, VA 22604 Richard Lineberg 1164 Purcell Ln. Winchester, VA 22603 Raymond & Wanda Davis 1093 Foreman Ln. Winchester, VA 22603 Nalda & George Merrill 1167 Purcell Ln. Winchester, VA 22603 h1 ` Mark R. Cheran, Zoning & Subdivision Administrator Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK A I, , a Notary Public in and for the State and County aforesaid, do reby certify that ark R. Cheran, Zoning & Subdivision Administrator for the DepqZ of Planning and Development, whose name is signed to the foregoing, dated , has personally appeared before me and acknowledged the same in my State and Cdlunty aforesaid. Given under my hand this day of A Z 2&-9.7 My commission expires on 0 �i BEVERLY H. DELLINGER NOTARY ID # 331878 NOTARY PUBLIC N TIA S S JULY31,211 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING August 7, 2007 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #12-07 OF EAGLE PLACE IND., INC. On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, August 21, 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 #12-07 of Eagle Place Ind., Inc., for a 14 foot rear yard variance, resulting in a rear yard setback of 11 feet, for the construction of a wooden deck. This property is located on Purcell Lane (Route 721), and is identified by Property Identification Number 53A-A-109 in the Stonewall 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. Sincerely, l r Zoning Administrator MRC/bad 107 North Kent Street, Suite 202 a Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on A7 from the Department of Planning and Development, Frederick County, Virginia: 53A - A- - 109- I EAGLE PLACE INDUSTRIES, INC PO BOX 1866 WINCHESTER, VA 22604.8366 53A -A- -111- LINEBERG, RICHARD F 1164 PURCELL LN WINCHESTER, VA. 22603-8366 53A - A- - 118- DAVIS, RAYMOND W III & WANDA K 1093 FOREMAN LN WINCHESTER, VA 22603-8678 53A -A- - 76- MERRILL, NALDA B & GEORGE L JR 1167 PURCELL LN WINCHESTER, VA 22603.4225 Mark R. Cheran, Zoning & Subdivision Administrator Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK 1,XLe eA_1�J- , a Notary Public in and for the State and County aforesaid, do Ureby certify that M&k R. Cheran, Zoning & Subdivision Administrator for the Departnip,nt of Planning and Development, whose name is signed to the foregoing, dated L:2 has personally appeared before me and acknowledged the same in my State_afid eouAty aforesaid. Given under my hand this 9,Z4 day of 1�/,l � O ('�07 My commission expires on 1 �� NOTARYYUBLIC v4 K -A- Id--o i erA 110"C.4 /NA.) /NC. TO:BARBARA-DATA PROCESSING /0 /-A -1`,5 3-4 — 141 /09 ✓" FROM:BEV - Planning Dept. Please print o sets of I b 13. Additional comments, if any: Av Cat �7 o HANy K . I-ke- LI 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 .Address ?_c) � � C"-'- VK Property ID #� < <� z l.i ►�e bW Address Property ID # Address D Property m # Address // 6 7Z �44C&// L Property ID ! S-3tl — Address Property ID # Address Property ID # Address Property ID # Address ff M Page 7 of 9 I? 3 l JU /00 TO:BARBARA-DATA PROCESSING -4'-7,5 3 FROM: BEV - Planning Dept. Please print sets of I b 13. Additional comments, if any: k A-tG , �7 Y p� _ ' C7vu.c HANK to c al A 1� W i- k� 0 1-6 M r q l\W- tit Cd q— K z ICA-. I-C) fro ke- cI 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 ifnecessary.) These people. will be notified by mail Of this application: NAME P �►�' =� .Address Address YijLc J 1, c► a . rS/' Pzoperty ID #/71 — �, /� rJ? Ld.dfr S Address lb?3 3if�l�t� �./�J �',%rrnC Yjq Property 1D # Address C! 7Z ��bcc# .#A& S�►� Property ID # S-311 -A - t sy ID # sy 1D # ID # Address Page 7 of 9 3 rj w/ (6, 0 A"e&lfl UNTY of FREDERICK Department of Planning and Development 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Telephone: 540/665-5651 FAX.,540/665-6395 FAX TRANSMISSION TO: _, i an —) ISO COMPANY: FAX #: (0(' Remarks: Date: r,,IZI j 0 7 Number of Pages (including cover sheet) O -ctc.hed, k$ 4e- i� r rv�a �- e n you M� u e Z 4ed . From the desk of 'SAs : a t- " J 0/9 p 4 4 A) 4 (;:�d ele . . P6qe&ll FPd 06 o=7 M� `' + :� z ` � Y J< \ ' . \ � «� �, :�(%2.� y / � $2,� �,� � � ƒI :�»§ °a «%�;xw. �»/� �.% /� ~�;± %f�f{.��� K�� »r� . \: � ' » � y S;� � . � \«��!/\� :��/\� \&\ . . � / // ^ � � �� - � : } \/��/� : .y�. w¥ _ °�_� t� ~ \/���f\/. \\�f�:» \� � ��2�/� a.. \. � C� > � � -&�� � � �� /�` y.� § � . ~\ �f»�&���\ ���\\\yam � � j« �. " � � \ \ ` w . L 'RIP-4ft v;,..i W air 45x*v /Q z I.ys/ Re,,k., sir 6*amw LI/ I� 5731916A — lo? * t1l � f � • a � R ;^ mix �: r J/„/s o% K