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HomeMy WebLinkAbout17-07 Thomas Forrester - Back Creek - Backfiler BOARD OF ZONING APPEALS Variance Request Tracking Sheet Date: IL10-2—File opened i o Reference Manual updated/number assigned 14d-02—D-base updated q fl19 Cook _ ne-B-&W location map requested from GIS Two sets of labels requested from Data Processing File given to Renee' to update Application Action Summary .�V MEETING DATE: (o FINAL ACTION: CLOSE OUT FILE: /O !� Approval (or denial) letter mailed to applicant/copy made for file 0 07 File stamped "approved", "denied" or "withdrawn" /n /y �c7 Reference Manual updated /p D-base updated Ed000-? File given to Renee' for final update to Application Action Summary U:\Bt%ACommon\Tacking sheeu\BZA Tracking bu Revised 05/25/01 DATE 9 /1-3 J NO. 8.0 2 5 RECEIVED FROM ADDRESS m LlFOR RENT FOR AMT. OF CASH ACCOUNT AMT. PAID CHECK 7 BALANCE MONEY DUE I ORDER RS $ 44�X�-71 BY 6 CC) 0 00 W M 0 ' (? -7 DATE 11/2) 16 - NO pmmcq��=; I AMT.OF CASH ACCOUNT AMT. PAID BALANCE M, MONEY DUE ORDERER -DOLLARS $ va-A lxj-po BY a4,2 5 •u � _:.... (Opy COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 October 17, 2007 Brandon Jones Bobcat Builders, LLC 542 Deer Run Circle Front Royal, VA 22603 RE: VARIANCE REQUEST #17-07 FOR THOMAS FORRESTER Dear Ms. Jones: 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 69A-1-30-20 was for a 16 foot side yard variance, resulting in a 34 foot side yard setback on both sides. The property is located in Shawneeland Subdivision, Section 30, Lot 20, in the Back Creek Magisterial District. If you have any questions regarding this action, please feel free to call this office. Sincerely, Ile ark R. Ch reran Zoning Administrator MRC/bad cc: Jane Anderson, Real Estate John Trenary, Inspections Thomas Forrester, 2532 S. Delaware Ave., Springfield, MO 65804 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 w t- 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 30, 2007 The amount of $50.00 was deposited in line item #3-010-019110-0008 for the company named below had a deposit for one sign for a Variance #17-07 for Thomas Forrester. 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: Bobcat Builders LLC 542 Deer Run Circle Front Royal, VA 22630 RSA/pd oagj jol3clo7 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 O U U U V v O O O O O O lD Q N O U1 U] O O F-' O O -] F- I Ticket #:00005870001 T A X R E C E I P T Date 9/13/2007 /WINCHESTER COUNTY Register: CJO/CJOS1 ORNDOFF, JR Trans. #: 45695 25 Dept # 1095 VA 22604-0225 Acct# Previous SITS PLANNING Balance $ 350.00 ` Principal Being Paid $ 350.00 Penalty $ .00 Interest $ .00 { Amount Paid $ 350.00 I*Balance Due $ .00 I Check 5010.59 # CKS Pd by DEPT OF PLANNING BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 9/2007 - VARIANCE APPLICATION #17=07 THOMAS FORRESTER Staff Report for the Board of Zoning Appeals Prepared: September 25, 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: October 16, 2007 - Action Pending LOCATION: Shawneeland Subdivision, Section 30, Lot 20 MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 69A-1-30-20 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) Land Use: Vacant . ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Use: Vacant South: RA (Rural Areas) Use: Vacant East: RA (Rural Areas) Use: Vacant West: RA (Rural Areas) Use: Vacant VARIANCE REQUESTED: The applicant is requesting a 16 foot side yard variance, resulting in a side yard setback of 34 feet on both sides, for the construction of a 32'x 26' single family dwelling. REASON FOR VARIANCE: Current setbacks for the property result in a small buildable area on the property. Variance #17-07, Thomas Forrester September 25, 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 for the fronts 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. The Frederick County Board of Supervisors amended the setbacks for the RA Zoning District on February 28, 2007, making the current setbacks for the property 60 feet to the front, 100 feet to the rear, and 50 feet to both sides. Based on the small size of this property and the large setbacks associated with the RA zoning district, the applicant is requesting a 16 foot side yard variance on both sides. This variance, if granted, would result in a 34 foot side yard setback on both sides. The majority of the properties located in the Shawneeland Subdivision are zoned R5 (Residential Recreational Community) and would have a setback of 35 feet off Basil Trail, 25 feet in the rear and ten feet on the sides. This request from the current RA zoning district setbacks would result in setbacks similar to, but still larger than, the rest of the Shawneeland Subdivision. 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. The applicant is seeking a 16 foot side yard variance on both sides in order to build a single family dwelling. Should this variance be granted, the building setbacks for this property would remain 60 feet to the front, change to 34 feet on both sides, and remain 50 feet in the rear. 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. — omas +ogres er Frederick County, VA Variance VAR# 17-07 Application Thomas Forrester �f Parcel ID: 69A - l - 32 - 30 Location in the Gounty Map Features O Hamlets e!• Future Rt37 Bypass Q Application a Lakes/Ponds ^— Streams Streets Primary �. Secondary '�- Terciary Winchester Rds �• Urban Development Area M SWSA St., T. lre Location in Surrounding Area 0 250 500 O��K Cp s © Case Planner: Lauren Map Document:(N:\Planning_And_Development\_l_Locator_Mps\Thomas_VAR1707_091707.mxd) 9/17/2007 -- 4:40:09 PM 11 • .. omas 0'' res e Location Map Frederick County, VA Variance VAR# 17-07 Application ��\ 1 Thomas Forrester Parcel ID: 69A - 1 - 32 - 30 Location in the County / ! �/ ! f Map Features O Hamlets V / I/( { Z, J ` J e►s Future Rt37 Bypass 0 Application D Lakes/Ponds ^-- Streams streets Primary 1. Secondary Tertiary Winchester Rds Urban Development Area 0400 SWSA Topography (5' interval) r O f l ( Tt\ C'' Sta�Tmne Location in Surrounding Area J �»—� © Case Planner: Lauren Map Document: (N:\Planning_And_Development\ 1_Locator_Mps\Thomas_VAR1707_091707.mxd) 9/17/2007 -- 4:40:09 PM APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA -OFFICE USE ONLY - Variance Application No. �© `% Submittal Date: Fee Paid: yet' initials: Sign Deposit " Deposit �Si Submittal Deadline: For the meeting of MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT qb, /C"? ...... 1. The applicant is the owner other . (Check one) Ot�UN eR 2. APPLICANT: OCMPAN 1 : (if different) NAME: I 1 �i �C,E (S LLC ADDRESS 5_L Je 2 r } kr) CI'Oe ADDRESS:Ale �urll Rc, N Ct L U fl IL'Sa 1 M P5801 TELEPHONE: 1jy Q U +I � CP 411 TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): 4. The property has a road frontage of I O C) feet and a depth of 200 and consists of s `i 5 I acres (please be exact). Page 5 of 9 feet 00 00 5. The property is owned i- �f bd as evidenced by deed from M �r1e recorded (previous owner) in deed book no. 4140 Von page r 3 of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: �GL_dk Ge,-ed 7. Property Identification No.: (Pa f\ - I - -�o - 20 8. The existing zoning of the property is:V. 9. The existing use of the property is: %ro vJ \ ('� d' 10. Adjoining Property: USE ZONING North Ct W Rt East V q W P � South mo A West \1 C1 ko (� 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.") ` VaYi 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 wN W f ik�.Vor�� C immediately adjacent thereto Page 6 of 9 • 0 • 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 �1 L �1h d LL Address Q � Y C� , ✓ A Property ID # CI - - Onj(� ' 2?-601 Q�ici Q cJ ' SA Address b� v i U� v 661 20 Q L Property ID # - I - ?) a Z Address -wi Property ID # (.q 1 C��04) C1 �0 S 1' I ms, Address �'LC) kbo,, a l G i (j C Net Property ID# - I- j ( Z/ O Address Property ID # Address Property ID # Address Property ID # Address Property ID # Page 7 of 9 5C7 0 o OZ l6 9 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. Page 8 of 9 U 1. Easemen?Fif any, not shown. No title report furnished. 'ROW 2. This property does not lie within the 100 year Flood Zone as shown on the F.E.M.A. F.I.R.M. Community Panel. 3. Boundary derived from a field survey and from deeds of record as found among the Land Records of Frederick County, Virginia, as shown hereon. LEGEND Iron Pin Found rn h C7 I aL " I I 0 o I I m /Lot- I /Lots \ 271/ i \ 28�I \ o � I l /Lot�l \21� *1 1- 34.00' N 78"00'W E 10� 0.00 Lot 20 0.459 acres 20,000.00 sq ft r-----50'B.R.L. o p I Cn I I N N $$ 32M 34A0' $ Prpp. rn ABELIA TRAIL (60- RNU) PROPOSED HOUSE LOCATION SURVEY Property of "THOMAS N. FORRESTER & ETHEL M. FORRESTER" "SHAWNEE-LAND" Subdivision, Section 30, Lot 20 Deed Book 440, Page 153 Tax Map#69A (1) (30) 20 Back Creek Magisterial District Frederick County, Virginia Scale 1"=40' Date: September 7, 2007 0.459 Acres or 20,000 Sq. Ft. Prepared By: Dodson Surveying, Inc. P.O. Box 672 Luray, VA. 22835 Phone:(540)843-0608 Fax:(540)843-4828 Emailidodsonsurvey@yahoo.com / Lot \ 19, Note: Cannot show 50' B.R.L. from this line, as B.R.L. line would be equal to to other 50' B.R.L. line. +1- 200' i No. 2344 zq �y D SURVti� 08/18/2007 08:04 4178688122 • REHABCARE • PAGE 02 08.'19/2007 23:: B 'Al 54063804 C-21 CAMPBELL REALTY 11, 1�002 AGREEMENT V,A I DANCE # /'7 a % cumber to be wxigmd by the PloWng Dept.) I (we;i t .e undersigned, do hereby respectfully make application, and petition the Frederick Coun y 3oard of Zoning Appeals (BZA) to grant a vmianee to the terms of the Frederick Coup y ',oning Orduaance as described herein. I agree to comply with aay conditions for the v1. 6 nce required by the BZA. F auQh )r ze the rzacmbers of the BZA and Frederick County offipials to go upon the property for si' a aspection purposes. 1 und, :rf and that the sign issued to me when this application is submitted must be placed at 'dtc )n property liae at least sevcz(7) dgys tador tQ the BZ _ ublic airing and maintained so as `o 'je visible from the road or right-of-way until the hearing. I here! b_ certify that all of the statements and information contained herein are, to the best of m;� k iowledge, true. Til !A FURS OF APPLICAN D AI SIG" lA TURF OF O"ER DATE Lon (if other than applicant) -OFFICE USE ONLY- _ EZ!!, P JELZC HEARING OF / o I (o O % ACTION: -DA - ✓ _ AP ROVAL SAC Q BZA. CYxAN (DENIAL DATE: )C) hu /07 Page 9 of 9 08/20/2007 MON 01:39 [TX/RX NO 50341 Q 002 153 ■...I[ ....M.\■ MARJEC, INCORPORATED TO: DEED :* THOMAS N. FORRESTER, ET UX .1oo,. 440 ;3,�L 1. -3- THIS DEED, made and dated this day of •...� . ; 197 --, by and between Marjec, Incorporated, a corporation organized and existing under the laws of the State of Maryland and licensed to do business in the State of Virginia, hereinafter called the Grantor, and Thomas N. Forrester and I Ethel M. Forrester , his wife, hereinafter called i the Grantees. WITNESSETH: That for and in consideration of the sum of i Ten Dollars ($10.00) and other good and valuable considerations, receipt of all of which is hereby acknowledged, the Grantor hereby, grants, sells and conveys, with general warranty of title, unto the Grantees in fee simple, jointly, as tenants by the entirety with the common law right of survivorship, all of the followinh described property: All of that certain lot or parcel of land designated as Lot 20 Plat 1 Section 3o described and set forth in that certain deed of dedication of Marjec, Inc. dated the 13th day of July ,1970, and of record in the Clerk s Office of the Circuit Court of FrcdErick County, Virginia, in Deed Book 367 Page 583 . Reference is made to the aforesaid deed of dedication and the references therein contained for a more particular description of the land hereby conveyed. This lot or parcel of land is conveyed subject to all of Ithe restrictions set forth in said deed of dedication which are covenants running with the land in accordance with the authority granted therein. It is further understood and agreed between the parties hereto that all of the conditions in that certain contract i of sale and purchase entered into between the parties hereto for lithe hereinabove described lot prior to the date of this deed are not to be merged into this deed, but are to survive and to be in full force and effect hereafter. 154 _• 0 410 ;ace 1-54 t The Grantor covenants that-tt has ihe'right to convey the within described property; that the Granters shall have quiet possession of said land, free from all encumbrances except as hereinabove set forth; that the Grantor, to its knowledge, has done no act to encumber said land; and that it will execute such further assurances of title as -may be requisite. IN WITNESS WHEREOF, the said Marjec, Incorporated, has caused this deed to be executed, acknowledged and delivered on its; behalf by Donald R. Lamborne, its President and duly'authorized I agent, and its corporate seal to be affixed and attested by 1. K'�r•its Assistant Secretary , the first date hereinabove written. , MAR INCORPORATED ........... By Donald R. Lamborne, President i Seal) Attest By: STATE OF MARYIAND COUNTY OF MONTGOMERY, To -wit: .,;,»_ , a Notary Public in and for the County and State aforesaid, do certify that Donald R. 2 /� - Assistant Secretary Lamborne, and `"�••�•^/..,„ , President and , respectively of Marjec,,Incorporated, whose names are signed to the foregoing writing, bearing date the day of �.c+,•.1_ ,� y_, 19—f7' ; have personally appeared before me in my County and State sa�� efsci acknowledged the same. Given under my hand this day of 4' �.;o' 4 � _ W i commission expires •�.� i� 7� M.... �4',,,,,,..,�N„+.•+`^' Notary Public V RGINIA FREDERICK (IMITY, bL-;I. i, +•+rr aced to me on lh�o Thi^ inclnrnicat of w'rlirn7 was at _—day of SaiiL4�`1 1 „rl will,c�rtr(rcal.• of •r'I:nowi(/.r , nl lh.,r.,lo anaotalwas ;i.i•'4.1 u1 q.lurtt ed to record. Ta. �uli•,.•c�l so eablu. i . r•n r, + .. ,� p,+id, i1 a and �,_.. t cam.- _ I t ... Cleik. i li 1. Easements, if any, not shown. No title report furnished. 2. This property does not lie within the 100 year Flood Zone as shown on the F.E.M.A. F.I.R.M. Community Panel. 3. Boundary derived from a field survey and from deeds of record as found among the Land Records of Frederick County, Virginia, as shown hereon. rn u� w O FCO O /Lot\ 271 /Lot-\) \ 28�/ N 78"00'00" E �--100.00' Lot 20 0.459 acres 20,000.00 sq ft p� — — —50' B.R.I_. O IQ z cn I O N I O o _ 32.p0' 34.00' - o 01 Prop. m $ H e. 34.00' L . _ _ 0 b 0 S ABELIA TRAIL (60' R/W) PROPOSED HOUSE LOCATION SURVEY Property of "THOMAS N. FORRESTER & ETHEL M. FORRESTER" "SHAWN E E-LAN D" Subdivision, Section 30, Lot 20 Deed Book 440, Page 153 Tax Map#69A (1) (30) 20 Back Creek Magisterial District Frederick County, Virginia Scale 1 "=40' Date: September 7, 2007 0.459 Acres or 20,000 Sq. Ft. Prepared By: Dodson Surveying, Inc. P.O. Box 672 Luray, VA. 22835 Phone:(540)843-0608 Fax:(540)843-4828 Email-.dodsonsurvey@yahoo.com / Lots /Lots) \ 191/ LEGEND Iron Pin Found Note: Cannot show 50' B.R.L. from this line, as B.R.L. line would be equal to to other 50' B.R.L. line. +/- 200'. TI1 No. 2344 l � 4 O SURV�� 1. Easements, if any, not shown. No title report furnished. 2. This property does not lie within the 100 year Flood Zone as shown on the F.E.M.A. F.I.R.M. Community Panel. 3. Boundary derived from a field survey and from deeds of record as found among the Land Records of Frederick County, Virginia, as shown hereon. rn 00 h w C� FQ O�27 �Lot�, LEGEND Iron Pin Found I I / Lots I \ 281/ / Lots I I I I I I N 78°00'00" E _ 100.00' Lot 20 0.459 acres 20,000.00 sq ft — $ r 50' B.R.L. I� 0 W I� Ir z cn N p � I NO I fV O 0 0 o 32M 34.00' - ;g Prpp. rn $ He. 34.00' v 0 0 0 ABELIA TRAIL (60' R/W) PROPOSED HOUSE LOCATION SURVEY Property of "THOMAS N. FORRESTER & ETHEL M. FORRESTER" "SHAWN EE-LAN D" Subdivision, Section 30, Lot 20 Deed Book 440, Page 153 Tax Map#69A (1) (30) 20 Back Creek Magisterial District Frederick County, Virginia Scale 1 "=40' Date: September 7, 2007 0.459 Acres or 20,000 Sq. Ft. Prepared By: Dodson Surveying, Inc. P.O. Box 672 Luray, VA. 22835 Phone:(540)843-0608 Fax:(540)843-4828 Email:dodsonsurvey@yahoo.com Lot l \ 19�, Note: Cannot show 50' B.R.L. from this line, as B.R.L. line would be equal to to other 50' B.R.L. line. +/- 200' Tlo. 44 � q 70 � Z�ND Up. 1. Easements, if any, not shown. No title report furnished. 2. This property does not lie within the 100 year Flood Zone as shown on the F.E.M.A. F.I.R.M. Community Panel. 3. Boundary derived from a field survey and from deeds of record as found among the Land Records of Frederick County, Virginia, as shown hereon. LEGEND Iron Pin Found rn co to w a Y 0 0 om /Lot�i W \ 271/ 0 /Lot�l \21�/ I I \ 281/ 1 � Lot I I I I I I N 78°00'00" E 100.00' Lot 20 0.459 acres 20,000.00 sq ft - - —50' g r B.R.L. _ I� o W I� Ir z cn N I c, N o I o 0 o _ o 32M 34.00' - !2 prop. rn $ Hse. 34.00, L. _ 0 0 0 S 78°00'00" ABELIA TRAIL (60' R/W) Lot \ 19� Note: Cannot show 50' B.R.L. from this line, as B.R.L. line would be equal to to other 50' B.R.L. line. +/- 200'. PROPOSED HOUSE LOCATION SURVEY Property of "THOMAS N. FORRESTER & ETHEL M. FORRESTER" "SHAWN EE-LAN D" Subdivision, Section 30, Lot 20 p,LTI Deed Book 440, Page 153 Tax Map#69A 20 Lr (1) (30) Back Creek Magisterial District Frederick County, Virginia Scale 1"=40' Date: September7, 2007 o A IE D 0.459 Acres or 20,000 Sq. Ft. Prepared By: o. 44 Dodson Surveying, Inc. Q P.O. Box 672 Luray, VA. 22835 lq � 0 Phone:(540)843-0608 SUP, Fax:(540)843-4828 Email:dodsonsurvey@yahoo.com 1. Easements, if any, not shown. No title report furnished. 2. This property does not lie within the 100 year Flood Zone as shown on the F.E.M.A. F.I.R.M. Community Panel. 3. Boundary derived from a field survey and from deeds of record as found among the Land Records of Frederick County, Virginia, as shown hereon. LEGEND Iron Pin Found rn u� w 0 a O O Co /Lots W \ 27�1 0 / Lots, \21 I I / Lots I 1 / s Lot \ 28� j I I I I I I N 78°00'00" E 1 100.00' Lot 20 0.459 acres 20,000.00 sq ft g cn _ o I W I� Ir z I cn ry o o o I o / Lot\ 1 0 �19 o _ 32,00' 34.00- o �2 prop. m $ H e. 34.00' B.R.L. Note: Cannot show 50' B.R.L. from —60' this line, as B.R.L. line would be equal to to other 50' B.R.L. line. v 0 0 0 +/- 200' ABELIA TRAIL (60' R/W) PROPOSED HOUSE LOCATION SURVEY Property of "THOMAS N. FORRESTER & ETHEL M. FORRESTER" "SHAWN EE-LAN D" Subdivision, Section 30, Lot 20 Deed Book 440, Page 153 Tax Map#69A (1) (30) 20 Back Creek Magisterial District Frederick County, Virginia Scale 1 "=40' Date: September 7, 2007 0.459 Acres or 20,000 Sq. Ft. Prepared By: Dodson Surveying, Inc. P.O. Box 672 Luray, VA. 22835 Phone:(540)843-0608 Fax:(540)843-4828 Email:dodsonsurvey@yahoo.com No. 34 L97 � SU Vti�, y • 1. Easements, if any, not shown. No title report furnished. 2. This property does not lie within the 100 year Flood Zone as shown on the F.E.M.A. F.I.R.M. Community Panel. 3. Boundary derived from a field survey and from deeds of record as found among the Land Records of Frederick County, Virg , iniaas shown hereon. LEGEND (�)- Iron Pin Found rn 00 w c� 4 M Y 0 0 °O / Lot' \ 27�1 0 /' Lot I I � I 28 _ Lots l — I I I I \ 29�/ I I I N 78°00'00" E _--------------- 100.00' Lot 20 0,459 acres 20,000.00 sq ft $ I� 0 W I;o Ir z Cn N o I c, I N Lot\ - \ 19,1 o _ 32PV 34.00' - o P m $ HTe 34.00' I Note: Cannot show 50' B.R.L. from this line, as B.R.L. line would be equal to to other 50' B.R.L. line. 0 0 0 +/- 200' ABELIA TRAIL (60' RAIV) PROPOSED HOUSE LOCATION SURVEY Property of "THOMAS N. FORRESTER & ETHEL M. FORRESTER" "SHAWNEE-LAND" Subdivision, Section 30, Lot 20 Deed Book 440, Page 153 Tax Map#69A (1) (30) 20 Back Creek Magisterial District Frederick County, Virginia Scale 1 "=40' Date: September 7, 2007 0.459 Acres or 20,000 Sq. Ft, Prepared By: Dodson Surveying, Inc. P.O. Box 672 Luray, VA. 22835 Phone:(540)843-0608 Fax:(540)843-4828 Email:dodsonsurvey@yahoo.com AL, O O �f J. JR. y No. 2 7 0,j"YF ��� SUR.11 153 . 0 x t" 3 LO a w $„ � W O (� F— to w sue.. •� to CD o a to to M N v- rHNtn .11.1..t. N UO slot■..7{.. ""IW. MARJBC, INCORPORATED TO: .. .. DEED :* THOMAS N. FORRESTER, ET UX nv 410 i,tu 1.513- , THIS DEED made and dated this day of 197 b and between Mar ec Incorporated,, ,a corporation ,,.z.� Y .� , P ,� organized and existing under the laws of the State of Maryland 1 and licensed to do business in the State of Virginia, hereinafter called the Grantor, and Thomas N. Forrester and Ethel M. Forrester , his wife, hereinafter called the Grantees. 1 WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations, receipt of all of which is hereby acknowledged, the Grantor hereby, grants, sells and conveys, with general warranty of title, unto the Grantees in fee simple, jointly, as tenants by the entirety with -the common law right of survivorship, all of the following described property: All of that certain lot or parcel of land designated as Lot �20Plat* i Section 30 described and set forth in that certain deed of dedication of Marjec, Inc. dated the 1_ 3th day of July ,1970, and of record in the Clerk's Office of the Circuit Court of Frcderick County, Virginia, in Deed Book 357 Page 583 . Reference is made to the aforesa id deed of dedication and the references therein contained for a more particular description of the land hereby conveyed. This lot or parcel of land is conveyed subject to all of the restrictions set forth in said deed of dedication which are covenants running with the land in accordance with the authority granted therein. It is further understood and agreed between the parties hereto that all of the conditions in that certain contract of sale and purchase entered into between the parties hereto for ' l the hereinabove described lot prior to the date of this deed are not to be merged into this deed, but are to survive and to be in full force and affect hereafter. 154 ..ASS4 6.6 $Name .no.a.11 at u. ..nc.INl.. 4 gnaw. 410 gut 1-54 The Grantor covenants that tt has the right to convey the within described property; that the Grantees shall have quiet possession of said land, free from all encumhrAnces except as hereinabove set forth; that the Grantor, to its knowledge, has done no act to encumber said land; and that it will execute such further assurances of title as -my be requisite. IN WITNESS WHEREOF, the said Marjec, Incorporated, has 1 i caused this deed to be executed, acknowledged and delivered on its, behalf by Donald R. Lamborne, its'President and duly'authorized i i agent, and its corporate seal to be affixed and attested by -�' M °V°F Cl«"rG-r-nr its Assistant Secretary the first date � hereinabove written. I MARMC. INCORPORATED *SC 0 . ./P By ► �4 pica Donald R. Lamborne, President Seal) � M Attest By: STATE OF MARYLAND COUNTY OF MONTGOMERY, To -wit: I, r(1)(Ae e,—. •�-►.j-;— , a Notary Public in u and for the County and State aforesaid, do certify that Donald R. f� Assistant Secretary i Lamborne) and `�'✓�� may.„/,,,M„ , President and , respectively of Marjec,•Incorporated, whose names are signed to the foregoing writing, bearing date the ' ' day of 1have personally appeared before me in my County and State 04 Rar ettd acknowledged the same. �` +F' $V• � .t �1 �.��'� Given under my hand this ,' day of 19� 11 ?w 'My commission expires ''�r,,,...+�N,+•`'t ` Notary Public !! V:11G'Nllt FREDERICK ('Mi '", 1 `� inclrumc►�t of wr link ��',1:: "r,r.�r+c"d to me on t� • _ -- day of ���ZL.iiGt,��h„T�•toI annoted wss nr�l ith c,,rirticnt., cl,,i,i•�1.1 ul „,Inutt�,d to record. •1'a- w►I,.,..c;J ; anti 53-54 r+ p,,id, if a :so eablu. I! li 153 6 x coo w o � roX W 3 >� o a ~ V) V1 4-Q1 CVLn �HNV) rI ... aAu .Z...t..t ►.O 01.[.1Al.. "Mi" MARJBC, INCORPORATED TO: .. .. DEED :* THOMAS N. FORRESTER, ET UX ;POCK 410 i,tu J.53w , THIS DEED, made and dated this day of < 197y, by and between Marjec, Incorporated,. a corporation I organized and existing under the laws of the State of Maryland and licensed to do business in the State of Virginia, hereinafter called the Grantor, and Thomas N. Forrester and Ethel M. Forrester , his wife, hereinafter called the Grantees. ' WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations, receipt of all of which is hereby acknowledged, the Grantor hereby, grants, sells and conveys, with general warranty of title, unto the Grantees in fee simple, jointly, as tenants by the entirety with -the common law right of survivorship, all of the following described property: All of that certain lot or parcel of land designated as Lot20 Platte_ Section 3o described and set forth in that certain deed of dedication of Marjec, Inc. dated the 13th day of July 119701 and of record in the Clerk's Office of the Circuit Court of Frc%-Jlcrick County, Virginia, in Deed Book 357 Page 583 . Reference is made to the aforesaid deed of dedication and the references therein contained for a more particular description of the land hereby conveyed. This lot or parcel of land is conveyed subject to all of the restrictions set forth in said deed of dedication which are covenants running with the land in accordance with the authority (granted therein. It is further understood and agreed between the parties hereto that all of the conditions in that certain contract, i of sale and purchase entered into between the parties hereto for the hereinabove described lot prior to the date of this deed are not to be merged into this deed, but are to survive and to be in full force and effect hereafter. I f 4 .0 Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED. INITIALS DATE & TIME Candice Angie Mark Dana Eric Mike John Laur-e L J v I COMMENTS: Received by Clerical Staff (Date & Time): U:\Pam\Common\Document Approval Form.wpd 3/ 0 r' R COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING October 2, 2007 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #17-07 OF THOMAS FORRESTER 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 #17-07 of Thomas Forrester, submitted by Bobcat Builders, LLC, for a 16 foot side yard variance, resulting in a side yard setback of 34 feet on both sides. This property is located in. the Shawneeland Subdivision, Section 30, Lot 20, and is identified by Property Identification Number 69A-1-30-20 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 4 This is to certify hato the attached correspondence was mailed to the following on d /'Z 7from the Department of Planning and Development, Frederick County, Virginia: -- - - - 69A 1-30. 27- 69A - 1-30. 20- CECCA, JACQUEVONNE M TRUSTEE FORRESTER, THOMAS N. 2532 S DELAWARE AVE 41882 TUTT LN SPRINGFIELD, MO. 65804-3217 LEESBURG, VA 20176.6236 Bobcat Builders, LLC 542 Deer Run Circle Front Royal, VA 22630 69A -1.30. 5- OLD VIRGINIA LAND, LLC 101 LEE ST WINCHESTER, VA 22601.3827 69A - 1-30. 21. STICKLEY, JAMES F. 987 GOODVIEW DR FRONT ROYAL, VA 22630.5310 69A -1.30. 28- PERRY, STUART M INC 117 LIMESTONE LN WINCHESTER, VA 22602.2272 69A -1.30- 19- MATTHEWS, RICHARD A. & LOIS M. 6329 ARBOR WAY ELKRIDGE, MO 21075-6878 ark R. Cheran, Zoning & Subdivision Administrator -ederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK 1� a Notary Public in and for the State and County aforesaid, do reby certify that ark . Cheran, Zoning & Subdivision Administrator for the Department o lanning and Development, whose name is signed to the foregoing, dated 11 (0) o _, has personally appeared before me and acknowledged the same in my State and touilty aforesaid. Given under my hand this day of &&t bd My commission expires on BEVERr LLIE8 NOTARY b N8 NOTARY PUBLI VIRGINIA MONWEAL.TH 0 julV 31.2011 NOTARY PUBLIC v A &1At) 64—' --7—ko� 13. Additional comments, if any: TO:BARBARA-DATA PROCESSING FROM:BEV - Planning Dept. Please print sets of labels by 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: 1►/\u 1 Di �1 L ar)(A L.L. Ci Address C 1e ci� . ✓ �� A Property ID Address v i� 11 o Ci L i '� �_ - 2L 2 Property ID # _ I - � Q � I � 1q. Address j 1�1 h 1 Q S P P r Property ID # (0 q - i M) _ Z 13 22 Address q b r J KV ! C' C L N d . Property ID # Gj - I - �j t✓' - ( Z 1 O Address Property ID Address Property ID Address Property ID # Address Property ID # �Ol3C�r4T �CCh�£�f L�° Page 7 of 9 k VA �1� a AA ro RRe 725/ V A -*f- 0-07 �n q s F-ale.R�s 13. Additional comments, if any: TO:BARBARA-DATA PROCESSING FROM:BEV - Planning Dept. Please print sets of labels by THANKSI 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: Q� J L.Qn d I....L G Address kur f 1 it A Property ID # Gf�-��jp� 22 (obl 1 Address .� �1LMVIEw V .. 6n Ro Q L VA Property ID # 22c� Address Property ID # q 1 �t� �� LO S I "1��1Qlf1iS Address Zq Property ID # 69 A - I - �j � - (. Z I D Address Property ID # Address Property ID #10,4 Address Property ID # Address Property ID # o E' M- ' 4 tL w/ Le-,,( LLe, Page 7 of 9 F ]\ VA