HomeMy WebLinkAbout15-06 Jay Mergler 15' Front & 1' Rear - Back Creek - Backfile1 'l
BOARD OF ZONING APPEALS
Variance Request Tracking Sheet
Date:
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D-base updated
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ocation map requested
/ Two sets of labels requested from Data Processing
File given to Renee' to update Application Action Summary
MEETING DATE: a
FINAL ACTION: APPROVEn
CLOSE OUT FILE:
Approval (or denial) letter mailed to applicant/copy made for file
0File stamped "approved", "denied" or "withdrawn"
Reference Manual updated
pL D-base updated
I4 given to Renee' for final update to Application Action Summary
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Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
August 16, 2006
H&H Builders
301 Hartsell Lane
Stephens City, VA 22655
RE: VARIANCE REQUEST #15-06 FOR JAY K. MERGLER
Dear Mr. Ritter:
This letter is to confirm that the above -referenced application was approved by the Board of
Zoning Appeals at their meeting on August 15, 2006. The request on parcel bearing Property
Identification Number 91A03-164-15 was for a 15 foot front yard variance and one a one foot
rear yard variance of the property. The property is located on High Street (Route 635), 0.1 mile
on the right, in the Back Creek Magisterial District.
If you have any questions regarding this action, please feel free to call this office.
Sincerely,
Zoning and Subdivision Administrator
MRC/bad
cc: Jane Anderson, Real Estate
John Trenary, Inspections
Jay K. Mergler, 9991 Broadsword Dr., Bristow, VA 20136
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
1
} E COPY*
•
TO: Finance Department
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 5401665-6395
MEMORANDUM
FROM: Pam Deeter, Office Assistant II
SUBJECT: Return Of Sign Deposit
DATE: August 22, 2006
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 #15-06 for Jay K. Mergler. 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:
RSQA�/ppd�
H & H Builders
301 Hartsell Lane
Stephens City, VA 22655
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
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R E C E I P T Ticket #:00005440001 ,
JS 1 c. Date 7/21/2006
Sao �a�`a .•••�'V,°WILLIAM ORNDOFF, JR Register: LJT/LJ
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- S fig ao des Trans. # : 13539
a •• •��1�?a°o�ca�'/ WINCHESTER VA 22604-0225 Acpct## 1095
CV �a` SS SIGN DEPOSITS PLANNING
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•• �4'`,�a��bes� 4yOs Balance $ 50.00
ell- ���°`ro�oPrincipal Being Paid $ 50.00
°�C 5� Penalt $ .00
°Sea Jte Interes $ .00
S��oa` vte Amount Paid $ 50.00
*Balance Due $ .00
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Pd by PLANNING & DEVELOPMENT 7/21/06 Check 929.50 # VARIOUS
BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 7/2006
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VARIANCE APPLICATION #15-06
JAY MERGLER
Staff Report for the Board of Zoning Appeals
Prepared: July 31, 2006
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 15, 2006 - Action Pending
LOCATION: High Street (Route 635), 0.1 mile on the right
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBERN: 91A03-164-15
PROPERTY ZONING & USE: Zoned: RA (Rural Areas)
Land Use: Vacant
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas)
South: RA (Rural Areas)
East: RA (Rural Areas)
West: RA (Rural Areas)
Use: Vacant
Use: Vacant
Use: Residential
Use: Vacant
VARIANCE REQUESTED: 15 foot front yard variance and one foot rear yard variance for the
construction of a single family home
REASON FOR VARIANCE: The lot is exceptionally shallow and is bordered on three sides by
unimproved platted right-of-ways.
0 0
Variance Request #15-06, Jay Mergler
July 31, 2006
Page 2
STAFF COMMENTS: This 1.72 acre property was part of the New Middletown Subdivision
created in 1890. InI967 Frederick County adopted zoning. The historical zoning map shows this
property was zoned A-2 (Agricultural General) and building restriction lines at the adoption of the
zoning ordinance were 35'front and 15' on the sides. In 1987 this property was subject to a lot
consolidation of 23 lots with building restriction lines of 35'front and 15' on the sides. Frederick
County amended its Code in 1989 to change the rural zoning districts to the current RA (Rural
Areas) zoning district, making the building restriction lines for the property 60'front for all four
sides.
A variance request by Mr. Mergler on this property was heard and approved by the Board of Zoning
Appeals at their meeting of November 15, 2005. (Variance 23-05) The request was for a ten foot
variance in the front and a 15'6" variance in the rear.
The owner is seeking a variance of 15 feet left side and one foot right side. Should this variance be
granted, the building setbacks for this property would be 35 feet left side, 43.5 feet right side and
would remain 60 feet front and rear.
STAFF CONCLUSIONS FOR THE AUGUST 15, 2006 MEETING: The Code of Virginia,
Section 15.2-2309(2), states that no variance shall be authorized by the Board unless it finds that a)
strict application of the Ordinance would produce an undue hardship; b) that such hardship is not
shared generally by other properties in the same zoning district and the same vicinity; and, c) that the
authorization of such variance will not be of substantial detriment to adjacent property, and that the
character of the district will not be changed by the granting of the variance.
It appears that this variance meets the intent of the Code of Virginia, Section 15.2-2309 (2). This
request from the current setbacks of the RA zoning district may be justified.
SIMMONS, CHARLES B 91 A 8
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MIDDLETOWN, TOWN OF 91B A 2A
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Ma6 31 06 02:32p
7060-2711 _ p.1
November 17, 2005
Mr. Jay Mergler
9991 Broadsword Dr.
Bristow, VA 20136-1610
RE: VARIANCE REQUEST ##23-05
Dear Mr. Mergler:
_ _ COUNTY of FREDERICK
Department of Planning and Development
5401665-5651
FAX: 540/665-6395
This letter is to confirm that the above -referenced application, originally submitted by Rodney
Butler, was approved by the Board of Zoning Appeals at their meeting on November 15, 2005.
On parcel bearing Property identification Number 91-A-03-164-15, the Board approved a 10'
variance in the front and a 15'6" variance in the rear. The property is located on High Street
(Route 635), 0.1 mile on the right, in the Back Creek Magisterial District.
If you have any questions regarding this action, please feel free to call this office.
Sincerely,
1V1ark R. Cherah
Zoning and Subdivision Administrator ��..
MRC/bad
cc: Jane Anderson_ Real Estate
John Trenary, Inspections
107 North Kent Street, Suite 202 - Winchester, Virginia. 22601-5000
—W
60
APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
-OFFICE USE ONLY -
Variance Applicatiop No. �fo
Submittal Date:
Fee Paid: initials:
Sign Deposit es
Submittal Deadline: 7) 0 6
For the meeting of C;
MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT
1. The applicant is the owner other _X_. (Check one)
2. APPLICANT: OCCUPANT: (if different)
NAME:_H&H BUILDERS
ADDRESS: 301 Hartsell Lane
Stephens City, VA 22655
TELEPHONE:_(540) 869-0489
NAME: _Jay K. Mergler
ADDRESS: 9991 Broadsword Drive
Bristow, VA 20136
TELEPHONE:_(703) 929-2521
3. The property is located at (give exact directions and include State Route numbers):
Traveling south on Main Street (Route 11) through Middletown, turn right on
First Street (Route 627) which turns into Chapel Road proceed 0.40 miles to
High Street (Route 635), turn left and travel about 225 feet to property on right.
4. The property has a road frontage of _600_feet and a depth of 125feet
and consists of _1.722_acres (please be exact).
51
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5. The property is owned by _Jay K. Mergler as evidenced
by deed from _Stephen H. Underwood and Michelle Avda_ recorded (previous owner)
in deed book no._050010424_ on page of the deed books of the Clerk of
the Court for Frederick County. Please attach a copy of the recorded deed.
6. Magisterial District: Back Creek
7. Property Identification No.:_91A03 - 164 - 15
8. The existing zoning of the property is:
9. The existing use of the property is: Vacant
10. Adjoining Property:
USE ZONING
North _Vacant RA
East SFD RA
South SFD RA
West Vacant RA
11. Describe the variance sought in terms of distance and type. (For example: "A 3.5'
rear yard variance for an attached two -car garage.")
A 15.0' front yard and 1.0' rear yard variance for proposed house and
covered deck placement, in addition to the variance (#23-05) approved
November 17, 2005.
12. List specific reason(s) why the variance is being sought in terms of:
exceptional narrowness, shallowness, size or shape of property, or
exceptional topographic conditions or other extraordinary situation or condition of
property, or
the use or development of property immediately adjacent thereto
Exceptional shallowness of lot due to platted roads surrounding_
_the property.
7
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r
13. Additional comments, if any: This parcel is bordered on three sides by
unimproved platted right-of-ways with paved road frontage only on one existing
roadway. The front setback provides about 78' from the existing edge of pavement.
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
H&H Builders
Address 301 Hartsell Lane, Stephens City, VA 22655
Property ID # 91A03-1-C&G
Rhett A. Orndorff
Address
283 High Street, Middletown, VA 22645
Property ID #
91A03-1-D&E
William J. Riley
Address
300 High Street, Middletown, VA 22645
Property ID #
91A03-156-36
Wayside Inn Since 1797, Inc.
Address
7783 Main Street, Middletown, VA 22645
Property ID #
91A03-164-3, 6-10, 12,13,18 & 22
Helen Louise Shifflett
c/oNorma Orndorff
Address 965 Huttle Road, Middletown, VA 22645
Property I D #91 A03-164-1,2,4,5,11,14,16,17,19-21,23& 24
Address
Property ID #
Address
Property ID #
W
0
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.
ND STREET
)T BUILT)
POWER
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PROPOSED HO 1SF.
DETAIL
SCALE: 1 "=25'
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S 36'32'43" E 125.00 -- --
FIRST STREET
(NOT BUILT)
VARIANCE EXHIBIT
TRACT ONE
LAND OF JAY K. MERGLER
BACK CREEK MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
,LE: 1" = 60' CONTOUR INTERVAL = 2'
WN BY: CDL I CHECKED BY: COL
'E: 6/26/06 REVISED:
GOD ZONE: C COMMUNITY NO.: 510063
PANEL: 0175 B DATED: 7/17/78
ASSESSMENT MAP NUMBER: 91-A-03-164-15
GARAGE I
T BACK
FRONT: 60'
SIDE: 60'
REAR: 60'
URBAN ENGINEERING & ASSOC., INC.
NVIL ENGINEERS c LANDSCAPE ARCHITECTS o LAND SURVEYORS
210 FRONT ROYAL PIKE
MINCHESSTER VA 22602
(540) 450-0211
Jul 19 06 09:03p
JUL-20-2006 04:29 AM BUILDERS.INC_ 40
07/19/2086 16:29 54e4500210
7030-2711
54� 9 2759
URBAN ENGINEERING
P.
P_ 03 1
PAGE 02/02
AGREEMENT
VARIANCE # —db
o&mher to be atotnad by &c Pta► t DePO
I (we), the undersigned, do hereby respectfully make application, and petition the Frederick
Gentrify Board of Zoning Appeals (BZA) to grant a variance to the terms of the Frederick
County Zoning Ordinance as described herein. I agm to comply with any conditions £or 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 ftontproperty line at ILog seven (?)days armor to the BZA public hca- n and maintained
so as to be visible from the road or right-of-way until the hearing_
I hereby certify that all of the 4tateimer►ta and inforiaation contained herein are, to the best of
my knowledge, true.
SIGNATURE OF AiPTLICANT
DATE '7
SIGNATURE OF OWNER DATE ` _—
(if other them applicant)
-OFFICE USE ONLY
BZA FUBLiC HEARING OF o 6/ 1 6 A11411:
-DA -
APPROVAL SIG
BZA C AIRMAN
DEWIAL
DATE:
10
May 31 06 02:33p�
FEB-21-2005 18:13
AA S x grwrE5 5TRFEr oF RECORD,
B'Uf NOT IN USE.
Z. PLAT REF - D.B. W PG. 67.
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N 350 00 33 "W 395.30
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AOLISE LOCArAM sugvEr ova ,nt "w a -
Ear/ L . Austin and
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Marie J. Austin, N/S ,vIFE
REED BO►GW 667, 0.46E 84
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TAX MAP #91-A-03-1-41-C, 91A-03-1-G, and N
91A-03-1-64-15.
DEED
This Deed is made and entered into this A day of
2005, by and between STEPHEN H. UNDERWOOD
and MI HELLE AVDA, Grantors, herein ca ed Grantors, and
JAY K. MERGLER, , of 9/or9,c�.PD A2
Grantee,
herein called Grantee,
WITNESSETH:
e
That for and in consideration of the sum of TEN DOLLARS
A�
($10.00), cash in hand paid to the Grantors, and other good and
valuable consideration, the receipt of which is hereby acknowledged,
g
the Grantors do hereby grant, bargain, sell, and convey, with General
Warranty and English Covenants of Title, unto the Grantee, in Fee
Simple, the following described real estate, to -wit:
�-�
PARCEL ONE: ALL THAT certain tract or parcel of land
with all improvements thereon, together with all
appurtenances thereunto appertaining, lying and being
situate in Frederick County, Virginia, containing 1.722
acres, and being known and designated as Lots 25 through
48 inclusive, of Block 64 on the plat of the Middletown Land
and Improvement Company, of record in the Clerk's Office
of the Circuit Court of Frederick County, Virginia, in Deed
U
Book 107 at Page 300, as described on a plat prepared by
Larry C. Himelright, P.C., dated September 11, 1978, of
record in Deed Book 667 at Page 87.
PARCEL TWO: ALL THAT certain tract or parcel of
land with all improvements thereon, together with all
appurtenances thereunto appertaining, lying and being
situate in Frederick County, Virginia, containing 1.259
acres, situate along the West side of Route 627, and
cn
w
more particu`ar=y ccescr6ec on the prat; o'survey
prepares Eby',arry C. 3ime;rig]it:, ?.C., dated i
Septem'.ier L-`, r 987, of record in Deed Book 667 at
?age 87.
_'AR + 1--d 7 R.33: A ,�, 773A"~ certain tractor parcel
of _anc- with ail improvements thereon, together with all
appurtenances t:hereunt:o appertaining, lying and being
situate in , rederick County, Virginia, containing 1.763
acres, and more particularly described on the plat of
survey prepared by ]Larry C. Himelright, P.C., dated
September 1987, of record in Deed Book 667 at
?age 87.
Tic aforesaid property is a portion of the same real estate
conveyed to the Grantors herein, by deed dated the 25`h day of July,
2001, from Earl L. Austin and Marie J. Austin, husband and wife, said
deed being of record in the aforesaid Clerk's Office as Instrument No.
010009682.
Reference is hereby made to the aforesaid plats, deed, and
records for a more complete description and further derivation of title.
This conveyance is made subject to all restrictions, easements
and rights of way of record, if any, affecting the aforesaid real estate.
WITNESS the following signatures and seals:
(SEAL)
Stephen fl. Uric ooc
(S_3A-)
vca
THIS INSTRUMENT WAS PREPARED BY Douglas C. Arthur, Attorney at Law, and the
preparer did not perform a title examination in connection with the preparation of this
instrument.
.00
STATE OF IM
I�1
COUNTY 0', , .0 WIT:
41
= ne foregoing ins eni, was acknov�'led
thisIV clay of , 2005, b t
Vy Commission Expires: I
STATE OF
COUNTY OF # , TO -WIT:
The foregoing instr'#Ment was acknowled w
this _ day of Al , 2005, by Mic
if 1
�f)
Nita
My Commission Expires , 1 0"
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VIR(UINIA: FREDERICK COUNTY, SCT.
This instrument of writing was produced to use on
/ 7, -V ADS at - /-; 15Z- L.
and ith certificate of acknowledgetnent thereto nexed
was admitted to record. T imposed by Sec. 58.1-802 of
$ �•DO and 58.1-801 have been paid, if assessable
4(ze'e4 %�[,.v , Clerk
0
before me
1 H. U> derwood.
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(NOT BUILT)
VARIANCE EXHIBIT
TRACT ONE
LAND OF JAY K. MERGLER
BACK CREEK MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
SCALE: 1" = 60' 1 CONTOUR INTERVAL = 2'
DRAWN BY: CDL I CHECKED BY: CDL
DATE: 6/26/06 REVISED:
FLOOD ZONE: C COMMUNITY NO.: 510063
PANEL: 0175 B DATED: 7/17/78
TAX ASSESSMENT MAP NUMBER: 91- A-03-164-15
AREAWAY
o 13.79
12.00' 6
20.21
10.Ox 12.0
0 9.Ox20.67
COVERED
COVERED
DECK
2.00
ARLINGTON III
Iv��
6"PORCH
o
SIDELOAD
8.67'
GARAGE
27.33'
HOUSE
PROPOSED
DETAIL
SCALE:
1 "=25'
SET BACKS
FRONT: 60'
SIDE: 60'
REAR: 60'
URBAN ENGINEERING & ASSOC., INC.
CIVIL ENGINEERS o LANDSCAPE ARCHITECTS o LAND SURVEYORS
210 FRONT ROYAL PIKE
WINCHESTER, VA 22602
(540) 450-0211
COUNTY of FREDERICK
Department of Planning and Development
5401665-5651
FAX: 540/ 665-6395
NOTIFICATION OF PUBLIC HEARING
August 1, 2006
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS) _
RE: VARIANCE REQUEST #15-06 OF JAY MERGLER
On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public
hearing being held on Tuesday, August 15, 2006, at 3:25 p.m., in the Board Room of the Frederick
County Administration Building at 107 N. Kent Street, Winchester, Virginia. This is a public
hearing to consider the following application:
Variance Request 915-06 of Jay Mergler, submitted by H&H Builders, for a 15 foot front yard
variance and a one foot rear yard variance for the construction of a single family home. This
property is located on High Street (Route 635), 0.1 mile on the right, and is identified with Property
Identification Number 91A03-164-15 in the Back Creek Magisterial District.
Any interested parties may attend this hearing. A copy of the application will be available for review
at the Handley Library and the Bowman Library the week of the meeting, or at the Department of
Planning and Development located at 107 North Kent Street in Winchester, Virginia.
Sincerely,
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
971, p from the Department of Planning and Development, Frederick
County, Virginia:
91A03- 1.64. 15-
MERGLER, JAY K
9991 BROADSWORD DR
BRISTOW, VA 20136-2610
91A03. 1- - G-
H & H BUILDERS, INC
301 HARTSELL LN
STEPHENS CITY, VA 22655
91A03.1- - E-
ORNOORFF, RHETT A
283 HIGH ST
MIDDLETOWN, VA 22645-1843
91A03. 1.56. 36-
RILEY, WILLIAM J
300 HIGH ST
MIDDLETOWN, VA 22645-1841
91A03. 1.64. 3-
WAYSIDE INN SINCE 1797, INC.
7783 MAIN ST
MIDDLETOWN, VA 22645-9502
STATE OF VIRGINIA
COUNTY OF FREDERICK
91A03- 1.64. 4-
SHIFFLETT, HELEN LOUISE
CIO NORMA ORNDORFF
965 HUTTLE RD
MIDDLETOWN, VA. 22645.1546
Mark R. Cheran, Zoning & Subdivision Administrator
Frederick County Planning Department
a Notary Public in and for the State and County
aforesaid, hereby certify that rk R. Cheran, Zoning & Subdivision Administrator for the
DepartIngn of Planning and Development, whose name is signed to the foregoing, dated
X/I A (o , has personally appeared before me and acknowledged the same in my
State aAd County aforesaid.
Given under my hand this 1/1�( day of
My commission expires on
\414-3 �g---Oc
t I t'J qm
TO:BARBARA-DATA 1ROCE55ING
FROM:BEV - Planning Dept.
Please print C�- sets of labels by
THANKSI
13. Additional comments, if any: This parcel is bordered on three sides by
unimproved platted right-of-ways with paved road frontage only on one existing
roadway. The front setback provides about 78' from the existing edge of pavement.
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
H&H Builders
Address 301 Hartsell Lane, Stephens City, VA 22655
Property ID #
91A03-1-C&G
Rhett A. Orndorff
Address
283 High Street, Middletown, VA 22645
Property ID #
91A03-1-D&E
William J. Riley
Address
300 High Street, Middletown, VA 22645
Property ID #
91A03-156-36
Wayside Inn Since 1797, Inc.
Address
7783 Main Street, Middletown, VA 22645
Property ID #
91A03-164-3, 6-10, 12,13,18 & 22
Helen Louise Shifflett
c/o_Norma— Orndorff
Address 965 Huttle Road, Middletown, VA 22645
Property ID#91A03-164-1,2,4,5,11,14,16,17,19-21,23& 24
Address
Property ID #
Address
Property ID #
DEPT. OF GEOGRAPHIC INFORMATION
FREDERICK COUNTY, VIRGINIA
W
S
E
REQUESTING AGENT;
Department, Agency, or Company: -
Mailing and/or Billing Address:
Telephone:
E-mail Address:
GIS, MAPPE%. GRAPHICS
WORK REQUEST
DATE RECEIVED:
`7' A,
ESTIMATED COST OF PROJECT:
C;UMYL 1 lUlV Uli 1 �: / / �c u / v n
FAX:
DESCRIPTION OF REQUEST: (Write additional information on back of request
n^
e mi 4 V4 (93-kq--�g
DIGITAL:
SIZES:
COLOR:.
PAPER: FAX:
BLACK/WHITE: NUMBER OF COPIES:
STAFF MEMBER:
COMPLETION DATE:
MATERIALS:
DATE OF PICK-UP/DELIVERY:
AMOUNT DUE:
AMOUNT BILLED:
METHOD OF PAYMENT:
HOURS REQUIRED:,
CHECK NO-#
Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651)
JUL 2 0 2006
Document Approval Form
PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR
APPROVAL PLEASE DMIAL AND PROVIDE THE DATE AND TIME OF YOUR
APPROVAL.
IF 27US DOCV31EAT DOES NOT MEET YOUR APPROVAL PLEASE PRO VLDE
COM MMAS TO WHAT YOU WOULD - TO SAYE COMPLETED.
CON N ENTS: V OzAl
Received by Clerical Staff (Date & Time): Z