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HomeMy WebLinkAbout16-07 Z. L. Metz Contracting - Back Creek - BackfileBOARD OF ZONING APPEALS Variance Request Tracking Sheet Date: p File opened 44AReference Manual updated/number assigned a�1 n D-base updated g kS o gfle-B8c�fd location map requested from GIS Two sets of labels requested from Data Processing File given to Renee' to update Application Action Summary . QU-11 MEETING DATE: g�,L'Zj 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OUT FILE: Approval (or denial) letter mailed to applicant/copy made for file File stamped "approved", "denied" or "withdrawn" / Reference Manual updated D-base updated h-qkz File given to Renee' for final update to Application Action Summary U.\Bev\Common\Tacking sheeu\BZA Tracking bu Revised 05/25/O1 r 0 CD Lo 0 DATE RECEIVED FROM _ ADDRESS DOLLARS $ C�FOR RENT V FOR,--.-_-- AMT.OF CASH ACCOUNT AMT. PAID ' CHECK BALANCE MONEY DUE ORDER BY 4 s . - urban,. - Christopher G. Blair Urban, Ltd. 210 Front Royal Pike FIELD SURVEY COORDI!VATOR Winchester, VA 22602 cblair®urban-Itd.com PH 540-450-0211 FX 540-450-0210 0. • • FILITOPY • • COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 TO: FROM: MEMORANDUM Finance Department Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: September 28, 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 #16-07 for Z.L. Metz Contracting. 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: Z.L. Metz LLC P.O. Box 2999 Winchester, VA 22604 ,,J►'. , • 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 U .\Bev\Common\Tracking sheets\BZA Tracking. hu Revised D5/25/01 DATE r-� i'-' + NO.7294 RECEIVED FROM -a ADDRESS v�v< < (.i i ,R_:iys j yr i„( 1�• DOLLARS $ ' UFOR RENT AMT. OF CASH ACCOUNT AMT. PAID -...� •t. 1 - CHECK BALANCE MONEY DUE ORDER BY A 107 SHOWING I Z. L. METZ CONTF LOT 1 TAX MAP #51-( INSTRUMENT BACK CREEK M FREDERICK SCALE: 1 " = 40' 1 DATE: 08/01 /07 DRAWN BY: TSF TAX MAP #51-A-145 INSTRUMENT #070009256 i • ills71,F"", to :00 pQ1 peak des, :�. TRAM trae full and belief N0. tes RF6,.vcuvuvr r f UN BOX 225 WINCHESTER VA 22604-0225 SIGN DEPOSITS PLANNING ts/22/200 / Register: JKH/LK Trans. #: 40804 Dept # 1095 Acct# Previous Balance $ Principal Being Paid $ Penalty $ Interest $ Amount Paid $ *Balance Due $ Pd by Z L METZ CONTRACTING LLC BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE cMONTH 4508/200# UB 5922 ral I+ iERICK W)1W% Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 September 19, 2007 Christopher Blair Urban, LTD 210 Front Royal Pike Winchester, VA 22602 RE: VARIANCE REQUEST #16-07 FOR Z. L. METZ CONTRACTING, LLC Dear Mr. Blair: 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 51-A-145 was for a 15 foot side yard variance on both sides, resulting in 35 foot side yard setbacks. The property is located on McDonald Road (Route 616), Lot 145, in the Back Creek Magisterial District. If you have any questions regarding this action, please feel free to call this office. Sincerely, Mar R. C ran Zoning Administrator MRC/bad cc: Jane Anderson, Real Estate John Trenary, Inspections 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 VARIANCE APPLICATION 916-07 Z. L. METZ CONTRACTING, LLC 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: McDonald Road (Route 616), Lot 145 MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 51-A-145 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) South: RA (Rural Areas) East: RA (Rural Areas) West: RA (Rural Areas) Use: Residential Use: Vacant Use: Residential Use: Residential VARIANCE REQUESTED: The applicant is requesting a 15 foot side yard variance on both sides, resulting in side yard setbacks of 35 feet, for the construction of a single family dwelling. REASON FOR VARIANCE: This property has a width of 60 feet and a depth of approximately 135 feet; therefore, current setback requirements for the RA zoning district eliminate buildable area on the property. Variance #16-07, Z. L. Metz Contracting, LLC August 30, 2007 Page 2 STAFF COMMENTS: Frederick County adopted zoning in 1967. The Frederick County historical zoning map shows this property was zoned A-2 (Agricultural General) in 1967. The property setback lines at the adoption of the zoning ordinance were 35 feet front and 15 feet for the side yards. Frederick County amended its Ordinance in 1989 to change the A-2 zoning districts to the current RA (Rural Areas) Zoning District, making the current setbacks for the property 60 feet to the front, 50 feet to the rear, and 50 feet to both sides. This property is .767 acres in size with a width of 60 feet and a depth of 135 feet, and cannot meet the current setbacks associated with the RA zoning district. The applicant is requesting a variance of 15 feet on both side yards from the current fifty (50) foot setback side requirement of the RA zoning district. This variance, if granted, would result in a thirty-five (35) foot side yard variance on both sides, to construct a 22'x 34' single-family dwelling with a 5'x22'front porch. The properties adjacent to the applicant's property are less than five (5) acres as required by the Frederick County Zoning Ordinance. Therefore, this variance request would be in character with the adjacent properties, and appears that this variance meets the intent of the Code of Virginia, Section 15.2-2309 (2). 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. The applicant is seeking a variance of fifteen (15) feet on both side yards in order to construct a 22'x34' single-family dwelling with a 5'x22' front porch. Should this variance be granted, the building setbacks for this property would be 60 feet from McDonald Road (front), fifty (50) feet from the rear property line and would change to thirty-five (35) feet on both sides. VAR # 16 - 07 Locator Map 0 51 206 19 LARUE, TERRY L. 8 STEPHANIE E. ti oz = �o� �� > R, ttom, 0 N W W G �Pr `• G to o� Z 51 A 144A CRAWFORD, HAROLD M. l! 51 A 141 SHIRLEY, AL 8 SONS INC. q otirR�c �Nc !!C 8. �� 9 a * _ . •�` 51 A 146 p� THARPE, ERNEST L JR rn G) ti� m c, `o o z 51 61 3 R�E, STACEY SHEA 51 15 2 . MARTINEZ, JUAN G & LINDA G . ' 51 61 2 �MCGRATH, JOHN J �S Sat Frederick County, VA Variance VAR# 16-07 Application Z.L. Metz Contracting, LLC Parcel ID: 51-A-145 Location in the County Map Features O Hamlets 41*• Future Rt37 Bypass 1= Application D lakes/Ponds Streams • Buildings Streets Primary ti Secondary '�- Tertiary Winchester Rds .• Urban Development Area dil SWSA Location in Surrounding Area G" CO 0 25 5�0 l0Peet © Case Planner: Mark Map Document: (N:\Planning_And_Development\ 1_Locator_Mps\ZL_Metz_Contracting_VAR1607_082107.mxd) 8/22/2007 -- 3:24:36 PM 0 0 Frederick County, VA Variance Application Z.L. Metz Contracting, LLC Parcel ID: Map Features 0 Hamlets Zoning eret Future Rt37 Bypass Bl (Business, Neighborhood District) 0 Lakes/Pond 40 B3 Busin , Industrial Transition District) Streams 40 EM (Extractive Manufacturing District) Streets MI I District) Secondary 4W MW (Mobile Home Community District) Terciary MS (Medical Support District) Winchest�r Rds R4 (Residential Planned Community District) Urban Development Area 40 R5 (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) � Case Planner. Mark 00 Map Document: <m:\Plun so7_n821ozmxd 8122m007-3:24:36pm ��� z�,4���� • • i ari rac Ong, Aerial , �. Frederick County, VA U. v00 Variance �' • VAR # 16 - 07 40 •* Application Z.L. Metz Contracting, LLC �►j , Parcel ID: 51 - A - 145 Location in the County y xr Map Features O Hamlets y � :Y 1 1 k . { ' • , 4%. Future R137 Bypass , Application D Lakes/Ponds tt Streams Streets Str Primary " �' .. - /•. r�\ '` '►_ �. Secondary Terciary j � +v,,, ,, 7! • � y, + lr �, -' •a r4.� ,�� ^- Winchester Rds �• Urban Development Area y t i ! ti SWSA Oil 1 t t { • • _ Y 1 � x Location in Surrounding Area r Case Planner: Mark i a� S Map Document: (N:\Planning And_Development\ 1_Locator_Mps\ZL_Metz_Contracting_VAR1607_082107.mxd) 8/22/2007 -- 3:24:36 PM �� 2� �G �� • • APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA -OFFICE USE ONLY - Variance Application No. / —O Submittal Date: Y Fee Paid: es ` initials: Sign Deposit Submittal Deadline: g 7 7 For the meeting of MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner _X_ other . (Check one) 2. APPLICANT: OCCUPANT: (if different) NAME:—Z. L. Metz Contracting, L.L.C. NAME: ADDRESS: P.O. Box 2999 ADDRESS: Winchester, Va 22604 TELEPHONE: 540-678-1667 TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): 277 McDonald Rd. Winchester, Va : From Winchester take Rt. 50W to a Left onto Rt. 608 (Wardenville Grade), Turn Right onto Rt. 616 (McDonald Road), Property is approximately 1750ft +/- (0.33 mi) on the Left. 4. The property has a road frontage of 114_feet and a depth of and consists of 0.767acres (please be exact). P 300_feet • 0 • 0 5. The property is owned by — Dean Mays recorded (previous owner) in instrument no. 070009256 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.:_51-((A))-145 8. The existing zoning of the property is: 121 9. The existing use of the property is: Residential 10. Adjoining Property: USE North _Residential East _Residential South _Vacant West Residential ZONING 11. Describe the variance sought in terms of distance and type. (For example: "A 3.5' rear yard variance for an attached two -car garage.") 15' Side yard Variance for both the Right and Left Side yards for _ _placement of a 22x34' house with a 5'x22' Front Porch 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 Narrowness based on current Zoning Standards 7 i* 0 • 13. Additional comments, if any: 14. The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the variance is being sought, including properties at the sides, rear and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notified by mail of this application: NAME Jeffery L. and Jennifer Lynch Address 290 McDonald Rd. Winchester, Va 22602 Property ID # 51- 18-4-21 Judy L. Whitlock Address 272 McDonald Rd. Winchester, Va 22602 Property ID # 51-18-4-22 Ernest L. Tharpe Address 291 McDonald Rd. Winchester, Va 22602 Property ID # 51-((A))-146 Harold M. Crawford Address 265 McDonald Rd. Winchester, Va 22602 Property ID # 51-((A))-144A Earl Armel ddress2648 Martinsburg Pike Stephenson, Va 22656 Property ID # 51-((A))-143A Address Property ID # Address Property ID # 111 0 * 00 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. 9 F P POWER--"'. T MCDoi —� POLE ^_� 5p, ALD D TELEPHONE ` - O0 RIGHT -OF A V� PEDESTAL - H'AY EXISTING LOT 145�-- ��G�a WELL `^33,1414 SQ.FT.t POW R - Q0 ^ ^! POLE NOTES: GGL.IY � WIRE 1. THIS PLAT WAS PREPARED WITHOUT THE 999 BENEFIT OF A TITLE REPORT AND MAY NOT ^ NECESSARILY INDICATE ALL ENCUMBRANCES 98\\- ^ iR �`2 ^ 996 ` ON THE PROPERTY. \\ ^ ^ 9 2.THE PROPERTY SHOWN HEREON IS LOCATED _ 986 \ 994 WITHIN ZONE "C", AN AREA OF MINIMAL 984 92 FLOODING, AS SHOWN ON FLOOD INSURANCE - 982 \� _� TO ADJ01 ERS RATE MAP OF FREDERICK COUNTY, VIRGINIA. ^ ^� _ I COMMUNITY PANEL NUMBER 510063 0100 B, _ 980 Q.5 �I \^ l� 9p DWELLING EFFECTIVE DATE: JULY 17, 1978. _ I EX. SEPTIC 3. ALL ELEVATIONS BASED ON ASSUMED 978 TANK± LOCAL REFERENCE DATUM. ^ O r ?.........U, : r -�$ I 1 I ¢ 1�-� ilk :iu 'p. � 'i 7.. ACRE r o I o EDI: RA to 01 Ln to \I�\\\• a) f R.4Ln N to Lo to DBZ' 96 RAGE 649 f to Lo N "ZONED!: Rik Ln o 4. .59 .HCi_S i \ iy � 11¢ 00, \ -- 0' 40' 80' 120' SCALE: 1" = 40' VARIANCE EXHIBIT SHOWING LAND OF Z. L. METZ CONTRACTING, L.L.C. LOT 145 TAX MAP #51-((A))-LOT 145 INSTRUMENT #070009256 BACK CREEK MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" = 40' CONTOUR INTERVAL = 2' DATE: 08/01/07 CURRENT ZONING: RA DRAWN BY: TSF CHECKED BY: CJR FAX MAP #51-A-145 INSTRUMENT #070009256 0lp C. j RINKER JR{ No. 1058 81112097 �gd N- SUR��b I '^� � 1 1 umaa, ud 210 Front Royal Nlce _� - urban" Wincksta,Vir*a22602 \ �/��� _ Teb urb n-Iti 1 www.urban-Itdcom N1r/ 0, I e�.•ma.e�,.t,�e:,we,ww�n.?.m.w.,m" AGREEMENT VARIANCE # / 6 — b 7 (Number to be assigned by the Planning Dept.) I (we), the undersigned, do hereby respectfully make application, and petition the Frederick County Board of Zoning Appeals (BZA) to grant a variance to the terms of the Frederick County Zoning Ordinance as described herein. I agree to comply with any conditions for the variance required by the BZA. I authorize the members of the BZA and Frederick County officials to go upon the property for site inspection purposes. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the BZA public hearing and maintained so as to be visible from the road or right-of-way until the hearing. I hereby certify that all of the statements and information contained herein are, to the best of my knowledge, true. \\1 _ I s O SIGNATURE OF APPLICANT r , �'/�✓� DATES SIGNATURE OF OWNER DATE �t1 (i other than applican - C -OFFICE USE ONLY- BZA PUBLIC HEARING OF APPROVAL DENIAL 1,IVQ 2 ACTION: - DA DATE: 10 vim i; a% Qh w V4 i4 �� o w as a� o a a� rn a M .0 b Q' 0 a Q 0 L, scour Q Guns ATTORNEYS AT LAW 20 SOUTH KENT STREET WINCHESTER, VIRGINIA 22401 0 THIS DgED, made and dated this 310 day of May, 2007, by and between MADISON DEAN 'MAYS, party of the first part, hereinafter cafied the Grantor; and Z. L. �s METZ CONTRACTING. L.L.C., a Virginia Limited Liability Company, party of the second part, hereinafter celled the Grantee. WITNE5SETH: That . far 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 hereby 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 all rights, rights of way, easements and appurtenances thereunto belonging, lying ,and being situate about 4 miles west of.Winchester on the southeast side of Virginia Route #616 in Back Creek Magisterial District, -Frederick County, Virginia, more particularly described as containing 33,414 square feet, more or less, by metes and bounds description contained in the Deed recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 374, at Page 526, and by this reference made a part hereof as if set out in full; AND BEING the same property conveyed to Madison Dean Mays by Deed of Gift from -Lydia May Mays .dated April 5, 1993, recorded in the aforesaid Clerk's Office in Deed Book 799, at Page 1028. Reference is here made to the aforesaid instruments, the attachments thereto and the references ;therein contained -fora 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. WITNESS the following signatufe and seal: MADISON DEAN MAYS STATE OF VIRGINIA CITY OF WINCHESTER, to -wit: (SEAL) I, Sharon L. Hott, a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Madison Dean Mays, whose name is signed to the foregoing Deed, bearing date of the 310 day of May, 2007, has this day personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 31" day of May, 2007. � . 2 Notary Pu Of� My commission expires June 30, 2009, VIRGINIA: FREDERICK COUNJY.SCT. This instrument of writing was produced to me on G—S-2wo-I at 10'.3a 14M and with certificate acknowledgement thereto annexed was admitted to record. Tax imposed by Sec. 58.1-802 of $ S' , and 58.1-801 have been paid, if assessable. SCULLY s GLASS L (perk ATTORNEYS AT LAW 20 SOUTH KENT STREET WWKHESTER, VIRGINIA 22601 • 0 0762 7/7/70 DGS/clh 41 SCULLY a SIMPSON book 374 rVE 526 THIS DEED, made and dated this _.?&hL day of July, 1970. by and between MARY L. BAYLISS and E. E. BAYLISS, JR., her husband, parties of the first part, hereinafter referred to as Grantors; and LYDIA MAY MAYS, divorced, party of the second part, hereinafter referred to as Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, receipt of which is hereby 'acknowledged, the Grantors do hereby grant and convey, with general warranty of title, unto the Grantee, her heirs or assigns forever, in fee simple absolute, all that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, located about four miles West of Winchester on the Southeast side of Road No. 616, in Back Creek Magisterial District, Frederick County, Virginia, bounded c.s follows, according to plat and survey of Richard U. Goode, C. L.S., dated November 11, 1968: Beginning at (1) a point on the southeast side of Road No. 616, a corner to Earl Armel's Dove tract; thence with Road No. 616 N 59 deg. 00 min. E 114.0 feet to (2); thence with two new division lines through the land of M. L. Bayliss S 43 deg. 17 min. 40 sec. E 300.0 feet to (3); thence S 59 deg. 00 min. W 114.0 feet to (4); thence N 43 deg. I 17 min. 40 sec, W 300.0 feet to the point of beginning, containing 33,414 square feet, more or less. And being a portion of the same realty conveyed to Mary L. Bayliss by deed dated August 18, 1961, from Mamie O. Knight, widow,of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 272, at Page 544, to which deed and the references therein contained reference is here made for a more particular description • 0 uos 374 rest 527 and further derivation of title. The Grantors covenant that they have a right to convey said realty; that the same is free from liens and encumbrances; and that they will forever warrant and defend the title thereto. WITNESS the following signatures and seals on the day and year first above written: (SEAL) MARY.O. 11AYLIS (SEAL) E. E. BAYLISS, 7. y., STATE OF VIRGINIA COUNTY OF FREDERICK, To -wit: I, A¢n s F s nip'. , a Notary Public in and for the County and State aforesaid, do herebycertifythat Mary L. Bayliss and E. E. Bayliss, Jr., whose names are signed to the foregoing deed, .bearing date the CA bb day of July, 1970, have personally appeared before me in my County and State aforesaid and acknowledged the same. Given under my hand this 9th day of July, 1970. My Commission expires clel ViRGINfA FREDER[CK COUNTY, ScNOTARY PUBLIC r. This instrument of writing was produced to me on the �i7r l day ofM&__, r, , , 19__2[_, at Ua and with certificate of acknowledgment thereto aaaexad was admiyd to rocozd. Tex im9.;ssd of?ac. 5d•u3.1 of $00 , and 53-54 have been paid, if a ""able. jClark. ��oF p�VEMEpOE� IS 7 POWER�_ _ �'s '��£N POLE r 50, ,D pNALD � `'` TELEPHONE c __\ 1 .00� RIL_oF�WAD PEDESTAL �� --�� tJ�°QP EXISTING LOT 145-- ��v�a WELL �. �yQ.FT.f 3414 S_ POW— �� POLE r NOTES: 1. THIS PLAT WAS PREPARED WITHOUT THE `�` \� _` 9919 WIRE BENEFIT OF A TITLE REPORT AND MAY NOT NECESSARILY INDICATE ALL ENCUMBRANCES 9g 9`2: _ 996 ON THE PROPERTY. 2. THE PROPERTY SHOWN HEREON IS LOCATED i 986 �� �� 94 WITHIN ZONE "C", AN AREA OF MINIMAL 984 128. FLOODING, AS SHOWN ON FLOOD INSURANCE _ 982 TO 7� RATE MAP OF FREDERICK COUNTY, VIRGINIA, `e,� �� 1 I �� AD,IOINERS COMMUNITY PANEL NUMBER 510063 0100 B, _ Q.5 '+ 90 DWELLING .� _ EFFECTIVE DATE: JULY 17, 1978. 980 � �` �\ _ EX. SEPTIC ''� _ J — 3. ALL ELEVATIONS BASED ON ASSUMED — TANK± LOCAL REFERENCE DATUM. Z LJLJJ W O O _ �. f ,_ _ ! — r: •�'� ... _x::.k:• i'!'i .... '.. .. 7•y ti._ m r r rri 0 �=•`.Zl _ 1 I 1 11� O i!I x � !;<.`_. SINGLE _ ::vi _Et't_s!'i'E:.; di 1 \ (1j04 Q �,.il;• -Ti In rn \ I O I r50 + co 1 \ 00 IRa \\ \\\ LO Q7 Lo 1 \ \ KRL. .xR E_. ! rn VIE 6 G LO LO i .5 i KkCR IS- y \\ \I I I V 2" \ \ _ _ 114.010, I 0' 40' 80' 12 0' SCALE: 1 " = 40' VARIANCE EXHIBIT SHOWING LAND OF Z. L. METZ CONTRACTING, L.L.C. LOT 145 TAX MAP #51-((A))-LOT 145 INSTRUMENT #070009256 BACK CREEK MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" = 40' CONTOUR INTERVAL = 2' DATE: 08/01/07 CURRENT ZONING: RA DRAWN BY: TSF CHECKED BY: CJR TAX MAP #51-A-145 INSTRUMENT #070009256 �NLTH pj''00,, U C. RINKER JR No. 1058 81112001 Z ,�/ o�,`T. �.9 N D sURV _b% I` - 1 Urban, Ltd. 210 Front Royal Pike _ _ Winchester, Virginia 22602 Urban % / � Tel. 54 0.0211 www.urban-Itd.com \ am I, Pluux Enpneers-tsdxape A:chiuxia•IxW Surveyors 0 • 0762 7/7/70 DGS/clh R SCULLY a SIMPSON ATTONN[Yb.AT•LAW WINCNC•T[N. VA. re 374 IVA 526 THIS DEED, made and dated this 9th day of July, 1970, by and between MARY L. BAYLISS and E. E. BAYLISS, JR., her husband, parties of the first part, hereinafter referred to as Grantors; and LYDIA MAY MAYS, divorced, party of the second part, hereinafter referred to as Grantee, WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, receipt of which is hereby acknowledged, the Grantors do hereby grant and convey, with general warranty of title, unto the Grantee, her heirs or assigns forever, in fee r simpie absolute, all that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, located about four miles West of Winchester on the Southeast side of Road No. 616, in Back Creek Magisterial District, Frederick County, Virginia, bounded s follows, according to plat and survey of Richard U. Goode, C. I.. S., dated November 11, 1968: Beginning at (1) a point on the southeast side of Road No. 616, a corner to Earl Armel's Dove tract; thence with Road No, 616 N 59 deg. 00 min. E 114. 0 feet to (2); thence with two new division lines through the land of M. L. Bayliss S 43 deg. 17 min. 40 sec. E 300.0 feet to (3); thence S 59 deg. 00 min. W 114.0 feet to (4); thence N 43 deg. 17 min, 40 sec. W 300.0 feet to the point of beginning, containing 33,414 square feet, more or less. And being a portion of the same realty conveyed to Mary L. Bayliss by deed dated August 18, 1961, from Mamie O. Knight, widow,. of record in the Office of the Clerk of the Circuit Court of Frederick County,' Virginia, in Deed Book 272, at Page 544, to which deed and the references therein contained reference is here made for a more particular description ScU,LY 0 611APSON •rro�Hcr[.�r.uw VOK 374 Fa,t 527 and further derivation of title. The Grantors covenant that they have a right to convey said realty; that the same is free from liens and encumbrances; and that they will forever warrant and defend the title thereto. WITNESS the following signatures and seals on the day and year first above written: STATE OF VIRGINIA COUNTY OF FREDERICK, To -wit: I, _zpes F_ GeAni mm a Notary Public in and for the County and State aforesaid, do hereby certify that Mary L. Bayliss and E. E. Bayliss, Jr., whose names are signed to the foregoing deed, .bearing date the day of July, 1970, have personally appeared before me in my County and State aforesaid and acknowledged the same. Given under my hand this 9th day of July, 1970. My Commission expires �. V1RG113fA FREDERICK COUNTY, Scr NOTARY PUBLIC This instrument of writing was produced to me on the 7c i day of-j_`1a -ytl,� , 1991_, at 4 <1- and with certificate of acknowledgment thereto annetad was admitted to rocord. Tax unjayed of 2�,jc. Sd•.A. i of $LOy , and 53.54 have been paid, if a�aa�sabla. J°K'- t Clark. 4- .F . N VJ S E REQUESTING AGENT: DEPT. OF GEOGRAPHIC INFORMATION SYST,EMS FREDERICK COUNTY, VIRGE'IU GIS, NIAPPING, GRAPHICS WORKREQUEST DATE RECEIVED: � o REQUESTED COMPLETION DATE: 9 Z� O Department, Agency, or Company: - Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROJECT: DESCRIPTION OF REQUEST 0_®z--Ox- I /\j s-1 -lq-/ v,- DIGITAL SIZES: COLOR: FAX: (Write additions].- informz�fon o- -- n. back o�eque�s ')— - - v 1idc'e-c 4�- /6 a L 4 - FAX: --� BLACKJWHITE: NUMBER OF COPIES: STAFF MEMBER COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: HOURS REQUIRED: AMOUNT PAID: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) COUNTY of FREDERICK Department of Planning and Development 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 #16-07 OF Z. L. METZ CONTRACTING, LLC 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 #16-07 of Z. L. Metz Contracting, LLC, submitted by Urban, Ltd, for a 15 foot side yard variance on both sides, resulting in side yard setbacks of 35 feet, for the construction of a single family dwelling. This property is located on McDonald Road (Route 616), Lot 145, and is identified by Property Identification Number 51-A-145 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 'r 'i This is to certify t h t the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: - - 51 - A- . 144-A 51 A 145 CRAWFORD, HAROLD M. Z L METZ CONTRACTING, LLC PO BOX 2999 265 MCDONALD RD WINCHESTER, VA 22604 WINCHESTER, VA. 22602.2022 Christopher Blair Urban, LTD 210 Front Royal Pike Winchester,VA 22602 51 •18.4. 21- LYNCH, JEFFREY L & JENNIFER 290 MCDONALD RD WINCHESTER, VA 22602-2011 51 -18.4- 22- WHITLOCK, JUDY L CIO JUDY L WHITLOCK-GRAHAM 272 MCDONALD RD WINCHESTER, VA. 22602.2011 51 - A- -146- THARPE, ERNEST L JR 291 MCDONALD RD WINCHESTER, VA 22602.2022 STATE OF VIRGINIA COUNTY OF FREDERICK 51 - A- -143-A ARMEL, EARL L JR ARMEL, WANDA F 100 DOGWOOD LN STEPHENSON,VA 22656 .r Mark R. Cheran, Zoning & Subdivision Administrator Frederick County Planning Department 1 , a Notary Public in and for the State and County aforesaid, do ereby certify that Mark R. Cheran, Zoning & Subdivision Administrator f6r the Departjnent of Planning and Development, whose name is signed to the foregoing, dated q 4/0-) , has personally appeared before me and acknowledged the same in my State and -County aforesaid. Given under my hand this`, day of lba-7 r-. My commission expires on IC NOjnN EXPIRESLJov IRGINIA COMMONWEALTH OF NOTARY PUBLIC V� 14A�C� _9'16 `7 �,� .0- S7 A- %� l 13. Additional comments, if any: TO:BARBARA-DATA PROCESSING FROM:BEV - Planning Dept. Please print (21,- sets of labels by a)3o k)-/THANKS! 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 Jeffery L. and Jennifer Lynch Address 290 McDonald Rd. Winchester, Va 22602 Property ID # 51- 18-4-21 Judy L. Whitlock Address 272 McDonald Rd. Winchester, Va 22602 Property ID # 51-18-4-22 Ernest L. Tharpe Address 291 McDonald Rd. Winchester, Va 22602 Property ID # 51-((A))-146 Harold M. Crawford Address 265 McDonald Rd. Winchester, Va 22602 Property ID # 51-((A))-144A Earl Armel ddress2648 Martinsburg Pike Stephenson, Va 22656 Property ID # 51 -((A))- 1 43A Address Property ID # Address Property ID # C tflecSTd Pff f k U_fe A) L 8 C /lit F l Z. -em s—/' 4 -- iV�7 TO: BARBARA-DATA PROCESSING FROM:BEV - Planning Dept. Please print C;�- sets of la i 3o HANKS 13. Additional comments, if any: 14. The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the variance is being sought, including properties at the sides, rear and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notified by mail of this application: L'U, l4 Jeffery L. and Jennifer Lynch Address 290 McDonald Rd. Winchester, Va 22602 Property ID # 51- 18-4-21 Judy L. Whitlock Address 272 McDonald Rd. Winchester, Va 22602 Property ID # 51-18-4-22 Ernest L. Tharpe Address 291 McDonald Rd. Winchester, Va 22602 Property ID # 51-((A))-146 Harold M. Crawford Address 265 McDonald Rd. Winchester, Va 22602 Property ID # 51-((A))-144A �-arl Armel ddress2648 Martinsburg Pike Stephenson, Va 22656 Property ID # 51-((A))-143A Address Property ID # Address Property ID # ff/Z6 Z Pfff lL <� 8 to F� 'o y�L �Ik E