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13-07 Richard Lineburg - Stonewall - Backfile
Date: BOARD OF ZONING APPEALS Variance Request Tracking Sheet File opened Reference Manual updated/number assigned D-base updated Gne-B&W location map requested from GIS & ✓' Two sets of labels requested from Data Processing File given to Renee' to update Application Action Summary FINAL ACTION MEETING DATE: / sue. CLOSE OUT FILE: 1t,11Z1p7 Approval (or denial) letter mailed to applicant/copy made for file l0 0 File stamped "approved", "denied" or "withdrawn" Reference Manual updated D-base updated *67 File given to Renee' for final update to Application Action Summary U.\Bev\Common\Tracking sheets\BZA Tracking bzz Revised 05R5101 N m N o � �0 u �� 0 + N 0 N N �z-c� cj1%0 7 a�3Lr) ADA TE -�- RECEIVED FROM i a4& tlaQ ADDRESS ��.i� I '5tP(JT ❑ FOR RENT ❑ FOR c- AMT OF CASH ACCOUNT AMT, PAIDNMI 67) CHECK BALANCE MONEY DUE ORDER No.7235 Y y A- BY.-J. LCL' � eaUWIICK CO Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 October 17, 2007 RE: VARIANCE REQUEST # 13-07 FOR RICHARD LINEBURG. 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 October 16, 2007. The request on parcel bearing Property Identification Number 53A-A-1 I I was for a 14 foot rear yard variance, resulting in an 11 foot rear yard setback. The property is located off at 1164 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, ark. Cheran Zoning Administrator MRC/bad cc: Jane Anderson, Real Estate John Trenary, Inspections Richard Lineberg, 1164 Purcell Lane, Winchester, VA 22603 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 •r • FILE COPY • 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: October 18, 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 Variance #13-07 for Woodside Commercial Center. 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: Eagle Place Industries P.O. Box 1866 Winchester, VA 22604 RSA/pd �' ("al 07 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 0 D-base updated • 6oz-d/c— location map requested from GIS Two sets of labels requested from Data Processing File given to Renee' to update Application Action Summary MEETING DATE: g oZ� 7 FINAL ACTION: l© «/0 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 U\Be \Common\Tmcking sheeu\BZA Tracking.bu Revised 05/25/01 AMT. OF CASH ACCOUNT s —r AMT. PAID CHECK BALANCE MONEY 1 DUE ORDER ' By �a 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 VARIANCE APPLICATION #13-07 RICHARD LINEBERG Staff Report for the Board of Zoning Appeals. Prepared: September 20, 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 Tabled by Applicant September 18, 2007 - Action Tabled, New Application Required October 16, 2007 - Action Pending LOCATION: 1164 Purcell Lane (Route 721) MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 53A-A-111 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 an existing wooden deck. REASON FOR VARIANCE: The builder built a deck without a building permit over the rear setback. Variance #13-07, Richard Lineberg September 20, 2007 Page 2 This application was postponed from the meeting of August 21, 2007 and September 18, 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 builder 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 builder applied for a building permit (#2097) 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 builder's building permit had building setbacks of front 38 feet, sides 10.5 feet and rear 26 feet. The builder 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 builder has sold this property to Richard Lineberg and Mr. Lineberg is now applying 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 OCTOBER 16, 2007 MEETING: The Code of Virginia 15.2-2309 (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 15.2-2309(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 by the builder, as the deck was constructed without a building permit. LI E • ' - ichar ine er , g Frederick County, VA c° Variance VAR # 13 - 07 Application Richard Lineberg ' Parcel ID: 53A-A-III Location in the County Map Features O Hamlets 0%, Future Rt37 Bypass SUNNYSIDE ' J Wm -Application a Lakes/Ponds — Streams ® Buildings Streets Pnmary �. Secondary Tertiary Urban Development Area r 5 �;,:•:;... SW SA 4., v • E • . . Location in Surrounding Area �cti�o � o zs :,,wz roF, © Case Planner: Lauren map uocument: (N:\F'Ian ning_Ano_ueveIopment\ 1_Locator_Mps\EaglePlace Ind Inc_VAR1307_072307.mxd) 7/23/2007 -- 9:30:09AM i s �o(--r --7- VAR # 13 - 07 ineaerg c b� s S RP zoning Ali- SUNNYSIDE LAU • U N v ® , t S1AR FORT Frederick County, VA Location in the County Variance VAR # 13 - 07 Application Richard Lineberg Parcel ID: 53A-A-111 Map Features O Hamlets Zoning A!• Future Rt37 Bypass B1 (Business, Neighborhood District) . Application B2 (Business, General Distrlst) D Lakes/Ponds B3 (Business, Industrial Transition District) --- Streams EM (Extractive Manufacturing District) 411111, Buildings 40 HE (Higher Education District) Streets s M1 (Industrial, Light District) '�- Primary M2 (Industrial, General District) ^. Secondary MW (Mobile Home Community District) ^� Tertiary MS (Medical Support District) �• Urban Development Area 40 R4 (Residential Planned Community District) (Residential Recreational Community District) 7R5 RA (Rural Area District) RP (Residential Performance District) 00 SWSA Location in Surrounding Area �cti�co m © Case Planner: Lauren Map Document: (N:Plan ning_And_Development\ 1_Locator_Mps\EaglePlaceIndInc_VAR1307_072307.mxd) 7/23/2007 -- 9:30:09 AM 0 • County of Frederick, Virginia 107 North Kent Street Winchester, Virginia 22601 Lien Agent: BUILDING PERMIT Permit Number: 0002097 - 2006 USBC: 2003 Application Date: 7/21/2006 Issuance Date:, Renewal Date: Date: 7/21 /2006 EAGLE PLACE INDUSTRIES, INC. OWNER tC.' "; Pt vre Lane:.;»'.'; P.0 BOX 1866 - STER VA. WINCHE 22604 540-662-0967 : « .:. :•::<PHONE: _ r: H NE 'r>1:i'is..v}:ti.�i:•:•.•ii:•ii::i}'r'r:.Pin::•ii:�ii:i4::•i::4i:4:•iii:•ii}isC:<L:^}i:+^i:•iii:•i:ci:jO:Liy; �Ij� y �... RE Account d: 13991 Health Permit zone > Residentfa) Perf4 c�nst Type :New Map Number 53A A 111 Floodplain: ;, WE cup No.,: Natue of wont Single family dwelling Lot: 1 Area: Sunnysid Site Plan:,:..::::: sq a:eet: 1170 Section: District: STONEV1fALl . ..... Use;Croup.:,:;�15e Grouf7'k": Reslder�tiai. : Seti'Back;;.grout.:: : 38' j Back: 26' Z center: Building /: Sub Division: use cadd 5ifle i*a#nfly gVgellirig; Right: :. 10.5 �O Left: 10.5 0 Frontage: . C Cie d:. Directions To SIt9. Take 522N 3rd street on then ' hC as neW RE ... �� p y tl h Cross Building, turn right at the errd of. the sCr+eet on �e nglii. JOB VALUE: 125, 000.00 master plank - Z map book145 D-4 ` :: PBRMI T FEE :.:........:........:::::.:........:..::::.;...:.....:........: :'.<::><::>:::: '•#:>:<:>::»`.:<:I<:>:::#>::>"' .. Su : 'ter e xh J xx BLDG. SIZE 28' X 39' # STORIES 2 # $EOROON9 1:�.::5� �RO(>vId 3 •• 17 BSMT SO FT @IFi2!' TOTAL # RM 9 l� � F 2 1 8 ....... NOTE OARE 24XG82 (56AG-t9�Q FT) NOTE 15:::.. •::: A(' TOTAL FEES: .................. S O O NOTE N OTE agree comply P:••::::. i of the Virginia 1 all rovis provisions I to c with here1.:%:'::':':`':>:: o:?:`:�''':':':':::.:.::.:<:':;•:::::;:::::% ':`::2 ry .......................................:................... .' �iAF�.. . :: :::: ::::::::::: Uniform Statewide Building Code and the Zoning & Subdivision Frederick. ....... � ordinances as adopted by the County of •*N(yjZ,rr• C i,✓ Under Freeacm of Inf. Act plans can be secured upon request. SURVEY STANDARDS Rzaun D? NO narrraT.; I �v l/ F Applicant (signature) O,� SUlitling d(eX� clan Zoning Administrator v / L "J cJ 4/ C DETAILED SITE PLAN REDUIRFD? \rYE99�� NO naiyT � Date oat Date Applicant (Please Print) County of Frederick, Virginia 107.Kbrth Kent Street vy-linChester, Virginia 22601 Lien Agent: EAGLE PLACE INDUSTRIES, INC. P.0 BOX 1866 WINCHESTER, VA. 22604 PHONE: 540-662-0967 RE Account 13991 Health Permit Map Number: 53A A Ill Floodplain: Lot: 1 Area: Suni Section: District: ST01 Building #: Sub -Division: Directions To site: Take 522N, 3rd street on the ri Cross Building, turn right at th master plan# map book145 D-4 ............... • MIN. SETBACK FRONT 35' LEFT 10' Setback Report Permit Number: 0002097 - 2006 LISBC: 2003 Application Date: 7/21/2006 Issuance Date: Renewal Date: Date: 7/25/2006 ............. ................ OWNER .. .......... ......... ........ ... ... PHONE: .... .... ..... ............. ................. ............... ............. ... .... ...... ... . x.1-1: e: Re9d ttail::P .00 en Con —.T S 4-1 -4666.... New . ... .. Cup '*.Iw .. .... -'i:: maikieof WbAL $jngle family dwelling tke Plan: Isci-r-ee: "P...:,*R"..-Resideritia Macks:-Frdnt, 38' Back: 26' Center. .. . .. ........ 19 10.5 Left: 10.5 Frontage: on the p. P ............ JOB VALUE: ...................... ......... ........... !V Required';: PERMIT FEE: ..... ..... . . . . . . . . . . . . . . . . . . . . . . . . SURVEYOR INFORMATION . .............. NAME: W.4 DATE OF SURVEY: ZB-0JL 0 licant (Signature) FRONT: 2- SEAL: r BACK: Zs;MA"RSH RIGHT: 01 No. 1843 e LEFT: Ae .! le 4 le6 A7r' Applicant (Please Print) HT 10' Building Code Official TOTAL FEES: Zoning Administrator Date Date 0 APPLICATION FOR VARIANCE 13-01 IN THE COUNTY OF FREDMUCK, VIRGINIA MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner other . (Check one) 2. APPLICANT: 3. NAME: r::7A ADDRESS . i'c Nc(n�o TELEPHONE: %Z7- OCCUPANT: (if different) NAME:. ADDRESS: (0 qP—QAC',CLL&,r= TELEPHONE: CbG — ��� The property is located at (give exact directions and include State Route numbers): LeJWe s rL 4. The property has a road frontage of (cam feet and a depth of 9 C feet and consists of acres (please be exact). S y CIO 5-t Page 5 of 9 N 5. The property is owned by by deed from G�� as evidenced book no. o'}�co t`i 4�on a recordcd (p ious owner) in deed page LzY�� of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: A,>C 66 40- 7. Property Identification No.: 8. The existing zoning of the property is: ` 9. The existing use of the property is: 10. Adjoining Property: ILSE O North�- East; South West << 11. Describe the variance sought in terms of distance and type. (For example: "A 3.51 rear yard variance for an attached two -car garage.") vp t 12. List specific reason(s) why the variance is being sought in terms of exceptional narrowness, shallowness, size -,shape of property, or exceptional topographic conditions or other extraordinary situation or condition of Property, or :ne use or develo Pzqent of property media ly adjace t Vh 2 �' Page 6 of 9 thereto .tid 11 U+ 3T —(6S LX,le- -:P- • f� A R(--Wt 13. Additional comments, if any: .iR -(! ----- CQG)WN - S"; z ; '--0 14. The following names and addresses are all of the individuals, f"s, or corporations owning property adjacent to the property umfor 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: Address -✓I Address Property ID # 53� 4 — J6�6�1ail)C�t �cY�Vc� Address le) fe3 -Iv/-�r Property ID # _ ,.�Je nti��;r� Address I/6'7 "h 6V 1 �. Property ID # �,, m. . —A Address property ID # Address Property ID # Address Property ID # Address Property 1b # Page 7 of 9 R b in 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 W 895't TO INTX. RTE. 522 IRS -- - Of 499 000963` f�ER�01P� 498 ... \�q1 p Lq L L�" O o o rn WI Q Z `q1 UJ v LO U) CL CL 1 h qy. 4 opt Y PURCELL LANE VA. SEC. RTE. 721 (Variable Width RMt, 1�1 q 1 11 N 30°35'00" E 60.00' 9 TRIP OF LAND ----�— i ..................... IN I Q I 3 .q� I o 1 M I I . • ----- BRICK 498 Qq'',g1 STOO. P `q� ¢ I ' I Aq��� ` I o� q� CO } q� 35 BRL.I' o 1 ---Q - _ ----=- - q 10.5 39.1' FRAME J m SPLIT FOYER m DWELLING b o WITH BRICK FACADE N '°qe F.F.E. (508.51) G.F.E. (498.27) 10.4' W I LEGEND: 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 .(494.5) - EXISTING SPOT ELEVATION 495 --_ - EXISTING CONTOUR 49;, --- ANG (TYP. IN 5,3A- -111 3.4111 F.T. S 30°35'00" W 60.00' PIN 53A-A-118 N/F DA WS DB 959 PG 450 O ♦` +` w- I - ICD ------------.--.- .. c\j LO h < FLOOD NOTE: ZONE: C COMMUNITY NO.: 510063 PANEL: 0105 B DATE: 7/17/1978 SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE INFORMATION NOTES: SHOWN ON THIS PLAT IS BASED ON AN ACTUAL 1. NO TITLE REPORT FURNISHED. FIELD SURVEY MADE UNDER MY SUPERVISION ON 2. EASEMENTS MAY EXIST THAT ARE NOT NOVEMBER 28, 2006 AND THAT TO THE BEST OF MY SHOWN ON THIS PLAT. KNOWLEDGE AND BELIEF THERE ARE NO 3. NO STREET ADDRESS POSTED AT TIME OF ENCROACHMENTS OR VISIBLE EASEMENTS SURVEY. 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 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@marshandiegge.com T H OF V� / U 3' S. W. Marsh No. 0018 3 / L/G D(o <q -0 SUR1,10000 DRAWN BY: CAJ DWG NAME: ID7826-HLS-111 AGREEMENT VARIANCE # 0 (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 I sevc 7 dav�prior to the BZA public hearma 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, 11 SIG NA CANT-------) DATE _- SIGNATURE Ox' OWNERZ/vIi— G A 7DATE r (if other than applicant) -OFFICE USE _ONL Y- BZA PUBLIC NEARING OF �( ` C d ACTION: - DA-M APPROVAL SIGNE Ltit BZA CHAIRMAN _ DENIAL DATE: ID [Ice [01 Page 9 of 9 53A-A -109 EAGLE PLACE INDUSTRIES, INC. INST #060014375 ZONED RP USE.- RE-SIDEN7AL t� J ho S 5925'00" E 90.00' IRE Q rn m z lRF — ._ — — � � � O Z Lc) Z cl- p0�-Qr w 10" BRL o W J Q Q J �I h IN o 53A-A-108 ;� 5,119 SO.FT. (ORIGINAL) `2 5,404 SO. FT. (ADJUSTED) ry ZONED.- RP ^- USE RESIDENTIAL N EX PROP. LINE 10' BRL J HEREBY VA CA TED I (PROP. _LINE HEREBY_ CREATED) IRS IIRS 0 S 5925'00" E 90.14' CONCRETE BASEMENT ENT 10 BRL I53A -A -107 5,814 SO - FT. (ORIGINAL) 5152.9 S0. FT (ADJUSTED) ZONED: RP USE: RESIDENTIAL 30.5' I 'n 6.3 ji 150 I m 1 % EX. 1-STORY n pV N =Au,- HOUSE 3 �O 30.5' 25T EX. PROP. LINE HEREBY VACATED 6.1 N 5828'18" W 90.30' POINT IRS — — — ON ROCK 53-A-104A WOODEN SCE GEORGE N. & - - MARY ✓ANE CARTER SCALE INST. #OJ0011527 40' PLAT ^- DB 799 PG 1392 0 20' LEGEND ZONED: RP - USE: RESIDENTIAL 20' IRE - IRON ROD FOUND I INCH = 20 FEET IRS - IRON ROD SET BOUNDARY LINE ADJUSTMENT BETWEEN THE LANDS OF NORMAN L. & NANCY L. TISINGER DEED BOOK 963 PAGE 728 STONEWALL MAGISTFRIAL DISTRICT FREDERICK COUNTY, VIRG/NIA DATE' 1/ /07 SCALE. 1 " = 20 �TH OF �4, o � S.W. Marsh No. 001843 /z/o l SHEET,- 2 OF 2 lAND Su Land Surveyors, P.L.C. Marsh &Legge 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 EMAIL office6mushandlegge.com DRAWN BY: MBB DWG NAME:7985-BU1 PLAT CUR MAY, ET UX TO DEED * k 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 �.iCecil C. Affleck, party of the second part. i� " WITNESSEPH: That for and in consideration of the sum of $10.00 and other good and valuable consideration, the receipt of all of which is o�• A 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, ,all of that certain lot of land, together with the improvements thereon and the ti :appurtenances thereunto belonging, lying and being situate about 1 mile north of Winchester in Stonewall Magisterial District, Frederick County, Virginia, containing 119,952 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- iference 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- lances 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) CANCF-7 3 F n ********************* State of Virginia County of Frederick, to -wit: I, Fula 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 o ary Public 3 I O OLD ROADWAY ' RT. 7 - LINE LOTS a () N 788' ON PIN PT. BEG. E N N Z Lj)UJ 800.4' 3 60.1' O U In W w Y F � V1 X � O STAKE = O zz = Z. FRONTING PURCELL ye . s DRIVE � W 0. S N 32 04 E- 322 S 53' 27'E' I I' p N ING 9, 952 SQ. FT. J 4' 12 4 S 24' S8 yJ - 32 12 R 0 _NN a w U RIT 5 2 2 / -- ¢ a CERTIFIED CORRECT LEE A EBE RT, C. LS. SC4 A /_ The above Plat is a Survey of the Curtis W. Play 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. m522, 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. to a stake corner to the said Frye Lot; thence with a line of the said Lot N 57° 30' W - 51 ft. to the beginning. Containing - - 9,952 Sq. Ft. LEE A EBERT Surveyed - - - October 20, 1958. Certifiedurveyo8r4, Comm. of 'Virginia 1++ 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 n„ncvo.i va c a `Imi t.ta i t.n rannr(i ;i j I �-��., �. a �,. �,-• , CLERK HOUSE LOCATION SURVEY LAND OF multi CHARLES 4. DENNY WILL BOOK 80 PAGE 543 STONEWALL DISTRICT FREDERICK COUNTY, VIRGINIA 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 O O1 N F DICK TRITON DB 791 P. 1383 S 30'01'38" W 40.00' IRS IRS Z Q °D 00 Q�G w o w I TM 53A—A-98 I °0 3,502 S0. FT. co — mIQ l z Q DRIVEWAY EASEMENT FOR THE �o n co = O BENEFIT OF TM 53A-A-98 & 99 3 Q �,�tL HEREBY DEDIC Ef�r o I` .L I— — 1 STORY co } FRAME # 1116 I = # 1112 -t IZ v cV o a 28.3' o S7P 00 262.5' TO N N. FREDERICK P . — IRS N 30'35'09" E 40.00' PURCELL LANE 30' R/W NO TITLE REPORT FURNISHED CHRISTOPHER D. FURSTENAU, L.S. PC F.�- TN 0p 133 WEST BOSCAWEN STREET SUITE 2 WINCHESTER, VIRGINIA 22601 540 542-1164 FAX 540 542-1183 SERVICES�CDFSURVEYS.COM CHRISTOPHER D. MEMBER VIRGINIA ASSOCIATION OF SURVEYORS FURSTENAt� ATE: SEPT. 25, 2006 THIS IS TO CERTIFY THAT ON N0.2727 CALB: 1 "= 20' SEPTEMBER 25, 2006 THAT I MADE AN ACCURATE SURVEY OF THE PREMISES L'Iti_ p4 TAX MAP: 5SA-A-9g SHOWN HEREON AND THAT THFSRR aRR 618419 r IS TO CERTIFY THAT ON APRIL 17, 2002 THAT I MADE AN ACCURATE SURVEY OF THE PREMISES N HEREON AND THAT THERE ARE NO EASEMENTS OR ENCROACHMENTS VISIBLE ON THE GROUND OTHER THOSE SHOWN HEREON. TRITON 791/1383 powwone 3,518� i m r r` m DECK W O M O 5.6' �I Ln 29.5' O m 1 1/2 story 0? Ln frame z W 01106 ie 0 lD.b' o Gf PORCH o 12.9' _ ry Lin set N 30035r26"E 40.00' PURCELL LANE ( 30' WIDE ) STINE THIS LOT IS LOCATED IN FLOOD ZONE C, AREA OF MINIMAL FLOODING AS SHOWN ON FIRM MAP # 510063 0105 B EFFECTIVE JULY 17, 1978 v 0 w m i m p m d � O 0 m Ln M M Z — i d i (D m 3 0 Z /EL C w 222• : 10 orth Frederkk Pike DAVID M. R1R51Uu N0. 1455 y /7-4e- ��0 SUft`1EI LAND OF T. P. AND SUSAN M. GOODMAN STONEWALL DISTRICT FREDERICK COUNTY, VIRGINIA HOUSE LOCATION SURVEY oATE: APRIL 17, 2002 FURSTENAU SURVEYING SCALE. I" = 15' A- 3 5A-97 t III SOUTH LOUDOUN STREET DEED ax map 5REFA- 97 P. WINCHESTER, VIRGINIA (540) 662-9323 <-� 1' c�- E� r,-40 lc� !:Si BK799Pc1392 N� ,v solve. I. Rock \ ? A0f \ 4,% V 2,11 NF N/r y4' a (aJr // INF I FGFNO IRF Iran Rod Found / 1. The lot represented by this plat was conveyed SURVEYOR'S CERTIFICATE to Frank V. Sherwood, Jr. and Beverly J. Sherwood, his wife, by deed doled 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 an actual field survey mode under 'a Deed Book 745 at Page 736. my supervision and there ore no encroachments or 2. No title report furnished. visible easements unless shown.//) ��pJ 3. This lot does at lie within c H.U.D. designated C?�/� t� •-5/'� 100 year flood zore. Douglas C. Legge, C.L.S. BUILDING LOCATION SURVEY of q)1(703) PREMISES LOCATED AT 1144 PURCELL DRIVE STONEWALL MAGISTEP.IAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: JUNE 29. 1993 SCALE: 1"=20' 1.SURVEY DATE: JUNE 17, 1993 gilbert w. clifford & associates, inc. ENGINEERS - LANO PLANNERS - SURVEYORS 130-C 0:d. 1-1.h Dhe 200North C.- Slraet rr ai bw9. Wgp+b 22401 wlnchsatw. Wginle 22601 199e-2113 (703) 667-2'.39 VIRGINIA: FREDERICK PLAT b: HLP01144.DWG Thi�na7umartl of 1r1g waa Prodpuc�ed to mean the day�19..47at'�3y.�-� and with raRltica t acknowledgment thereto annexed was admitted to r Tax Imposed by Set. 5&54.1 of s.J/ -��and 58-54 have been paid , it a sessable. KCLERK e 1 1 � g"N", 17 'IZf. vim. '• 77 ° •. - - - �F k' y p�, ♦yam h . '•� - y p�, ♦yam h . '•� - 11 LA S SCULLY & GLASS ATTORNEYS AT LAW 20 SOUTH KENT STREET WINCHESTER,VIRGINIA 22601 070000947 N THIS DEED, made and dated this 18t" day of June 2007, by and. between EAGLE. PLACE INDUSTRIES, INC., party of the first part, hereinafter called the Grantor; and RICHARD F. LINEBERG, party of the second part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other good and valuable consideration, receipt whereof is hereby acknowledged, the Grantor does grant and convey, . with General Warranty and with English Covenants of Title, unto the Grantee, in fee simple, all of the following realty: All of that certain lot or parcel of land, together with the improvement thereon and the appurtenances thereunto belonging, lying and being situate in Stonewall District, Frederick County, Virginia, described as PIN #53A-A-111, containing 5,400 square feet, more or less, as shown on plat entitled "Plat of Consolidation of the Land of James G. Gibson", prepared by S: W. Marsh, L.S., dated July 13, 2006, attached to the Deed of record in the Office of the Clerk of the Circuit Court, Frederick County, Virginia, as Instrument No. 060014375; AND BEING a portion of the same property conveyed to Eagle Place Industries, Inc., by Deed dated July 27, 2006, from James G. Gibson, ,of record in the aforesaid Clerk's Office as Instrument No. 060014375. Reference is here made to the aforesaid instruments, the attachments thereto and the references therein contained for a further and more particular description of the property hereby conveyed. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty. 0 SCULLY 8 GLASS ATTORNEYS AT LAW 20 SOUTH KENT STREET WINCHESTER, VIRGINIA 22601 O N U'1 WITNESS the following signature and seal: Eagle Place Industries, Inc. STATE OF VIRGINIA COUNTY OF FREDERICK, to -wit: (SEAL) I, Tina R. Ladd, a Notary Public in and for the State and jurisdiction aforesaid, T I I. do hereby certify that _l fime-r % • whose name is signed to the foregoing Deed, bearing date of the 18th day of June 2007, has this day personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 18th day of June 2007. NOTARY UBI VIRGINIA: FREDERICK COUNTY,SCT. My commission expires January 31, 2011. This instrument of writing was produced to me on and �\Ith certificate acknoMedoement thereto a nexed •`F•;��••. ' was adnrttcd to record. Tax imposed by Sec. 58.1- 02of - , and 58.1-80I have been paid, if assessable. / ' ..: ✓i^s A. •�••••ce `•o Fes✓ C1erk •r`'�✓x�'�3�s��,.s9`ceh VARIANCE APPLICATION #13-07 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: 1164 Purcell Lane (Route 721) MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 53A-A-111 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. • 0 Variance #13-07, 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 (#2097) 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 3 8 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 SEPTEBER 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. 0 0 VARIANCE APPLICATION #13-07 EAGLE PLACE IND., INC. Staff Report for the Board of Zoning Appeals l Prepared: August 6, 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: 1164 Purc6ll Lane (Route 721) MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 53A-A-111 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 #13-07, Eagle Place Ind., Inc. August 6, 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 (#2097) 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) 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. 5 WINCHESTER LAW GROUP, P.C. �U 1 3 2007 Attorneys and Counselors at Law i Russell A. Fowler 29 North Braddock Street James R. Larrick, Jr. Winchester, Virginia 22601 Please Reply To: Post Office Box 444 J. David Griffin James A. Drown Telephone (540) 667-6400 Winchester, Virginia 22604 Beth M. Coyne Facsimile ( 540) 722-0654 E-Mail: rfowler(&_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: 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 matter could 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, *ate a.4u&/5 Russell A. Fowler RAF:kbj cc: Mr. James G. Gibson 7563-8039 EBY/cmj ch o 45 Y N 3 3 THIS DEED, made and dated this 271h 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 Instrument 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 shajl 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: (SEAL) JAMES G. GIBSON STATE OF,' VIRGINIA 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 271h 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 9 .0 • 0 030011527 THIS DEED, made and dated thisday of 12003, by and between JOSE S. AYALA, hereinafter called the Grantor; and GEORGE N. CARTER and MARY JANE CARTER, husband and wife, hereinafter called the Grantees. O 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 cm Drive and extending eastward with a uniform width of sixty (60) feet r+ �. for a distance of ninety (90) feet to its rear boundary and more z° particularly described by plat and survey of Douglas C. Legge, C.L.S., m ' dated June 17, 1993, of record in the Office of the Clerk of the Circuit m a lz Court of Frederick County, Virginia in Deed Book 799, at Page 1392; u H � 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 OpCOORY F. HUTCHINSON ATTOSNEYATLAW i249.80A000CK97 MNCHCSI�.VA22801 0 11 GREGORYP .aurcMCNaonc ATTpRNE^/ AT LAW 1 QG S. e4i4pppCK ST. .v�Nc.lee-raa, vA eeeol 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: _J_0aQ_ S 4Y4 (SEAL) JOSE S. AYALA STATE OFd1'J1r)11)1Q, CITY/ F , to -wit: The foregoing instrument was acknowledged before me in my (,{ aforesaid jurisdiction this S9#-day of u , 2003, by Jose S. Ayala. My Commission Expires: t�� If �_50L aob rZINA vi'soneWLA M/,mf- Irp NOTARY VIRGINIA: FREDERICK COUNTY, SCT. This instrument of writing was produced to me on at 9 DI19Y77 ind 6. th certificate of acknowledgement thereto annexed was admitted to record. T imposed by Sec. 58.1-802 of and 58.1-801 have been paid, if assessable Get A4, Clerk ff&y Aalce / CAF- 0UNTY 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 COMPANY: FAX #: co G z ~ 7150 9 Remarks: Date: A-ZLI, 0 %Numberes (including cover sheet) A,#a,6S ► S +kr— f o r wa d i d rn YO a IMP G U C S 4r°6 From the desk of: .S"SQ d PURCELL LANE VA. SEC. RTE. 721 (Variable Width RIW� a1 c� 895't TO INTX. RTE. 522 N 30°35'00" E 60.00' IRS wre _r ----------- 499 - "...- ------ - I -- 0F 6�1 I Q 1zI o M 1 BRICK +`�6� �y. A � Q 498 ---- STOOP UN 1� o, ' 0 39.1' 0) w FRAME o I Of SPLIT FOYER �1 �D I m a DWELLING .` o ' o � WITH BRICK FACADE `n F.F.E. (508.51) U) `` G.F.E. (498.27) re' �1 9' STRIP OF LAND I IRF "_.---�-----� ------- I h 498-----..._. _ - --- - I I .- I I cl 10.5o CD + ��, `a + J d) m ' LL' CD g 0 Lo FIN u) �4 39.2' --------{-- ------ k��. 25 BRL 49� �b, -- ---- - - I+` OV€ . HANG (TYR IN--53A- -111 ., -FT, 4 ay, 96 _.CN O/H UTILITY LINE LEGEND: 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 s7o*35'00" W 60.00 P11V 53A-A-118 N/F DA CIS 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. 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. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 - EMAIL office@marshandlegge.com T H OF �o U D S. W. Marsh No. 0018 3 l Z Glow q / 0Q- �ND S U Rj -�*a DRAWN BY: CAJ DWG NAME: ID7826-HLS-111 895't TO INTX. RTE. 522 IRS ------- 499 ----- _ ��R�pIPo ppp9 ���h, � I � PURCELLLANE VA. SEC. RTE. 721 (Variable Width R/W , .4 r. �6 Y Alz re/l I '4-'L-0a I 9' STRIP OF LAND 00' N 30°35'00" E 60. L --------------- ------ I o I ------ --- -------...- BRICK �,. � +` STOOP `a� Q `` co cm. 35 BRL- '��0. CDJ o m Q] 1 L N O cCd v rn Ln - U 10.4' 25 Q fog O/H UTILI*TY INE LEGEND: 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 NOTES: 39.1 FRAME J m SPLIT FOYER o DWELLING o� WITH BRICK FACADE N \A��. F.F.E. (508.51) G.F.E. (498.27) 39.2' BRL 1ANG (TYP. - IN--53A- -111 Lri FT,- 49 " 6 S 30°35'00" W 60.00 PIN 53A-A-118 N/F DA OS D8 959 PG 450 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. 497 -._:�1 ... O o-------- `h `1 + + 1 oZz LO U) ,.•' % h _ l O 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 2' U D S. W. Marsh No. 0018 3 s u Rv 0- 'o DRAWN BY: CAJ DWG NAME: ID7826-HLS-111 1] 0 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 III 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 9 • 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 53A -A -109 EAGLE PLACE INDUSTRIES, INC. INST #060014375 ZONED: RP USE.- RESIDENTIAL IRF _ S 59 25'00 " E 90.00' n 10' BRL _ O I I m � I m 53A -A -108 5,179 SOFT. (ORIGINAL) h 5,404 SQ. FT (ADJUSTED) ry ZONED. RP — USE: RESIDEN TIAL I I EX PROP. LINE 10 " BRL J HEREB Y VA CA TED — I (PROP. LINE HEREBY CREATED) IRS ASPHALT DRI VEWA Y CONCRETE BASEMENT ENT S 5925'OG" E 90.14' 10 " BRL I53A-A-107 5,874 SO. FT (ORIGINAL) 5,529 SQ.FT. (ADJUSTED) ZONED: RP USE: RESIDENTIAL it 150 I m I m EX. 1-S7`ORYLn FRAME HOUSE I "' N 110' BRL IRS I IRF IRS 3 CIO SIN I W Q o �UZI cy) CL CL Z Q1 J Q o o ti _I � EX. PROP. LINE ---HEREBY VA CA TED 6.1' _N 5828'18" W 90.30' _ POINT _ — ON ROCK 53-A-104A N�DO E SCE-7 _ GEORGE N. & — MARY JANE CARTER S,C_ ALE INST. �r0300ll527 40' PLAT — DB 799 PG 1392 0 20 ZONED: RP _ USE: RESIDENTIAL LEGEND 20 IRF - IRON ROD FOUND 1 INCH = 20 FEET IRS - IRON ROD SET BDUNDARYLINE AD USTMENT BETWEEN H OF NORMAN L . � ER NANCY L. TISI DEED BOOK 963 PAGE 728 ST,FREDAR C KCOUNTT, GISTERIALKRGINA/CT SCALE. 1 " = 20' SHEET.' 2 OF 2 DATE.' 1 M/3/07 arsh & Legge Land Surveyors, __PL.C_ 560 NORTH LOUDOUN STREET N WINCHESTER, VIRGINIA 22601 N FAX (540) 667-0469 � EMAIL officeomarshondlegge.com PHONE (540) 667-0468 ,e w�,TH OF o� � S.W. Marsh No. 001843 /z/ O 4 DRAWN BY: MBB DWG NAME:7985-BLA PLAT W154 r . . CURTIS W. MAY, ET UX • TO DEED CECIL C. AFFLECK ********************************** THIS DEED made and dated this 24th day of October, 1958, by rand 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 $10.00 and other good and valuable consideration, the receipt of all of which is q,i. 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, �;'�� all of that certain lot of land, together with the improvements thereon and the �y\ Winchesteres thereunto Stonewall bMaginsgteriiallDissgtrict, Frederick Countsituate y, Virginia,lorth of 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. ********************* REVENUE STAMPS $7.70 CANCELLED ********************* State of Virginia County of Frederick, to -wit: CURTIS W. MAY SUE V. MAY (SEAL) (SEAL) 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 R T. v � N N Z 800.4 W t� Ln UJ cc Q. EULA SHIPE Notary Public ROADWAY 0 z 0 7 - LINE LOTS iW FRONTING PURCELL yys DRIVE 039 MO .. ,i _IRON PIN oni_F en ~ "- I,l-C"I N JfSf l.il�' 60.1' >I- I-Z D:0 %n li J Z ST AKA-- N 32 04 E - 322 !12 S. S 53 27 EJV 0 9,952 SQ. FT. J g S 24' 58� W- 3242� R -O_ �- w _ U 22 a CERTIFIED CORRECT F/(�iz LEE A ESERT, 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. 1522, 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. to a stake corner to the said Frye Lot; thence with a line of the said Lot N 570 30' W - 51 ft. to the beginning. Containing - - 9,952 Sq. Ft. LEE A. EBERT Surveyed - - - October 20, 1958. Certilied Land Surveyyor Comm. of Virginia # 484: VIRGINIA FREDERICK COUNTY, (SCT. This instrument of writing was produced to me on the 24th day of October 1956 at 1:55 P. M. and with certificate of acknowledgment thereto annexed was admitted to record. _ - , CLERK HOUSE LOCATION SURVEY LAND OF -�►�= ��- CHARLES O. DENNY WILL BOOK 80 PAGE 543 STONEWALL DISTRICT FREDERICK COUNTY, VIRGINIA N/F DICK S 30'01'38" �. IRS >- Z aco 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 Z 0 oo w TM 53A--A----98 � - 3,502 SQ. FT. m DRIVEWAY EASEMENT FOR THE bo BENEFIT OF TM 53A—A-98 & 99 'n HEREBY DEDICAIEL 9. ENT r 1 STORY Q FRAME # 1116 + _ # 1112 � v CV I � a ° 28.3' 0 7� a oo D 0 cV N 30'35'09" E 40.00' PURCELL LANE 30' RNLI NO TITLE REPORT FURNISHED 1383 / 00 c N co :�i I O Q s° �y1✓ DOD I00 z 262.5' TO N. FREDERICK PI . IRS 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 ATE: SEPT. 25, 2006 THIS IS TO CERTIFY THAT ON 'CALLS': 1 "- 20' SEPTEMBER 25, 2006 THAT 1 MADE AN ACCURATE SURVEY OF THE PREMISES AX MAP: 53A—A-9R SHOWN HEREON AND THAT THRRR A RR en�ie THIS 19 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. I i � I C9 00^-� a f` 06 co W DECK DECK Dlp O f O O M 5.6' d II) 29.5' -4 0 O Ln 1 112 story to M a� z z — :. frame I z �i iv I l0 o141108 �8 3 10.6' u) z o GRAVEL Q • PORCH ,O 12.9' W DRIVE AY N 30035"26 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' 1 ,o North Fredarkk Pike NO. 1455 "o su LAND OF T. P. AND SUSRN M. GOODMRN 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. 636 P. 1157 IC • • \cr^ry Spi4RRi \ ex799PG1392 < 4 4" R '� Cf Nr (L n !Y \ b Cod'. 9O > oo. T� SS q fls399 ` to b Qd / \ \ •�+! srq 41 \ 90 nllll�/ Noo \ IRF LEGEND IRF Iron Rod Found Qa / at / Jotch In Rod 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 doted 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 field survey mode under in Deed Book 745 at Page 736. my supervision and there ore no encroachments or 2. No title report furnished. visible easements unless �shown 3. This lotdoes not lie within a H.U.D. designated WO year flood zone. r Dauglas C, Legge, C.L.S. BUILDING LOCATION SURVEY of PREMISES L OCA TED AT �P L 1144 PURCELL DRIVE r� STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA F D U CALE 1"-20' SURVEY DATE: JUNE 17. 1993 o CERTIFICATE NO. DATE: JUNE 29, 1993 S v _F gilbert w. clifford & associates, inc. eR D ENGINEERS — LAND PLANNERS — SURVEYORS LAND SURVEYOR 150—C a:de Creenrkh DO" Fradvokkaburq. Virginia 22401 inc North Caginio Sheet n7ncneeler. Wglnlo 226GI (703) age —Ills (703) VIRGINIA: FREDERICK PLAT y: HLP01144.DWG This instrument of WAing was produced to me/own the ay and with cartifica t ecknowledgment thereto annexed was admitted to r . Tax Imposed by Sea:. 58.54.1 of 1-5dand 58.5544 have been paid, if assessable. y'q CLERK l/ l C] 0- OgEOORY F. HUTCHINSON AT-FORNEY AT LAW 124H.90A000CKST. WINCHrSTER. VA 22901 030011527 2003 THIS DEED, made and dated this day of by 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 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.-1 CD r,-) -J-0a G S 4Y4 (SEAL) JOSE S. AYALA a STATE OF , CITY F , to -wit: The foregoing instrument was acknowledged before me in my aforesaid jurisdiction this ���day of , 2003, by Jose S. Ayala. My Commission Expires: da') ou aab NOTARY PUBLIC VIRGINIA: FREDERICK COUNTY, SCT. This instrument of writing was produced to me on at •IndImitted th certificate of acknowledgement thereto annexed was to record. T imposed by Sec. 58.1-802 of S.AN , and M.1-801 have been paid, if assessable Clerk OR1100RY P. HNTCIiINNON ATTORNE�y AT LAW 1249. BRAOOOCK ST. AnNCHe6TER,VA8Q601 WORKREQUEST, DATE RECEIVED: REQUESTED COMPLETION DATE: `�, 7 dq `7 r /1 I REQUESTING AGENT; Department, Agency, or Company: - Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROJECT: DESCRIPTION OF REQUEST" (Wdte additional L4-6L6,P- ✓hPS °ice Iq DIGITAL: PAPER: FAX: SIZES: FAX: matron on oacK of rcy ur-sv ti � *L-f E-MAIL: COLOR: BLACK/WHITE: NUMBER OF COPIES: STAFF MEMBER - COMPLETION DATE: MATERIALS: DATE OF PICK U?/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 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING October 2, 2007 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #13-07 OF RICHARD LINEBERG On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, October 16, 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 413-07 of Richard Lineberg, 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-I l l 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, r . /1aR. Cheran Zoning Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 } i This is to certify t at the attached correspondence was mailed to the following on t s �, from the Department of Planning and Development, Frederick % County, Virginia: Richard Lineberg 1164 Purcell Ln. Winchester, VA 22603 Eagle Place Industries, Inc. PO Box 1866 Winchester, VA 22604 Raymond & Wanda Davis 1093 Foreman Ln. Winchester, VA 22603 Nalda & George Merrill 1167 Purcell Ln. Winchester, VA 22603 Nola Ramey c/o Mae Jenkins 856 Ridgeway Rd. Front Royal, VA 22630 Mark R. Cheran, Zoning & Subdivision Administrator Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, do ereby certify that k R. Cheran, Zoning & Subdivision Administrator for the Departure of Planning and Development, whose name is signed to the foregoing, dated ,6 C> o , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this _s� day of '::zo6- ..�.4`lERI.'i My commission expires on !nraRy If) # 3,11878 (i NOTARY I"(JBLIC t� `Pi1Pv10I\IWEALTI-I OF VIRGINIA y i;OV1M1S51ON FXPIRE: ALY 31, 201 1 NOTARY PUBLIC COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING September 4, 2007 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #13-07 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 #13-07 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-111 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, s /Vark. Cheran Zoning Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 v 4 1 This is to ce &/that the attached correspondence was mailed to the following on 6, 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 Nola Ramey c/o Mae Jenkins 856 Ridgeway Rd. Front Royal, VA 22630 Frederick County Planning I)epi. STATE OF VIRGINIA COUNTY OF FREDERICK t a Notary Public in and for the State and County aforesaid, hereby certify that /AR,CK C a-' �� �, for the Department of Planning and Development, whose name is signed to the foregoing, dated _ cC� , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this ' day of f , o7 06 � • My commission expires on r O BEl/ERLY H. DELLINGER 1 331878 NOTARY PUBLIC COMMONWEALTH OF VI . My CpMM'et N EXPIRES DULY 3l201 2011 NO PUBLIC COUNTY of FREDERICK w f 'x' 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 #13-07 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 #13-07 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-I I I 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, i.� ram - Mark R. Cheran Zoning Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 :? This is to certify that the attached correspondence was mailed to the following on u from the Department of Planning and Development, Frederick County, Virginia: 53A -A- -111- LINEBERG, RICHARD F 1164 PURCELL LN WINCHESTER, VA. 22603-8366 53A - A-* -109- EAGLE PLACE INDUSTRIES, INC PO BOX 1866 WINCHESTER, VA 22604.8366 53A A- -113- RAMEY, NOLA F. HOUCHINS CIO MAE V JENKINS 856 RIDGEWAY RD FRONT ROYAL, VA 22630 53A - A- - 118- DAVIS, RAYMOND W III & WANDA K 1093 FOREMAN LN WINCHESTER, VA 22603.8678 53A -A- - 76- MERRILL, NALOA 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, a Notary Public in and for the State and County o re aforesaid, dby certify that k R. Cheran, Zoning & Subdivision Administrator for the Depart-ent of Planning and Development, whose name is signed to the foregoing, dated has personally appeared before me and acknowledged the same in my State 6nd ltounty aforesaid. In Given under my hand this day of My commission expires on BE4NO NOTARY &BLIC 13 -07 ) //Uc . TO:BARBARA-DATA PROCESSING 1AJ FROM:BEV - Planning Dept. ` Please print sets of labels by 13. Additional comments, if any: u,*r--> r1 THANKS! #1 v� C 1 r -C G fie: N .S' "t Z % 11-1 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 Property ID # S' 3 77 i Ally- y Address Property M # `°`y � 14Vcs tl Address /� c�3 �L�'1Fnc.7�.,�-�t,'rG Property ID # 53.. - - / Address "z`� cff h% • C �' . (/�� ��� c rN Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property lb # Page 7 of 9 le- t(A-A le . Z-rAJ E a u q Puaec e[j LN>< 36 13-0-7 ��'� �� /A/ TO:BARBARA-DATA PROCESSING 191A J��t -3 _ . ! FROM: BEV - Planning Dept. Please print sets of labels by 13. Additional Comments, if any: .UyE i4 Q1 A11V ° THANKS! i.= c �— c')o�!v�;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 P� Address—R Property ID # 10)0�4 tK.,s %CAntcy Address ,,I PropertyID # ' / ©p fk [ A,VMaa Address le) ct3 Property ID # S3 1 5s lqu, Adams µ% c-eff e/j'. ((,`.x�e�, Il � Property ID # 5 - ,�4 Address Property ID # Address Property ID # Address Property ID # Address Property rD # Page 7 of 9 I lcffA-le�, • ie. LJAM� SU-P� 316 Lei• ,/":.. 5 4 &1W lYtOtA) AT Pit oor p�ce/i Feb 0 e t�- 1fr< �..:� �r,. --�- - ��-`_ .•.'mil Srf ( V. 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