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HomeMy WebLinkAbout19-07 Clarence Paradis - Back Creek - BackfileBOARD OF ZONING APPEALS Variance Request Tracking Sheet Date: qk© File opened Reference Manual updated/number assigned D-base updated p p©B�ocation map requested from GIS Two sets of labels requested from Data Processing C I f File given to Renee' to update Application Action Summary F EE'iING DATE: o ILQJ FINAL ACTION: CLOSE OUT FILE: l0 C`l 7 Approval (or denial) letter mailed to applicant/copy made for file �ch _ File stamped "approved", "denied" or "withdrawn" Reference Manual updated D-base updated p p'� File given to Renee' for final update to Application Action Summary 6T u:\Bev\Common\Tracking sheets\BZA Tracking.hza Revised 05/25/01 DA T FF_ . ----- - ---------- - _ NO. RECEIVED FROM cc) --- ------- - -_ .. ED ADDRESS DOLI_AR3 u @ ❑FOR RENT FOR- - ---------- -- ---- -- -- ----- -- 7DUE CASH ,CHECK MONEY ORDER Y _ '40 �''''(�jf bl) AMT. OF CASH ACCOUNT AMT. PAID CHECK BALANCE MONEY DUE ORDER � LLr Xl-U-'--BeLLARS, $ r �t�eon ILE Ca1 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 #19-07 for Clarence Paradis. 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 -o L 1 0 13otn? 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 I l; rth E C E I P T Ticket #:00005870001 I/WINCHESTER T A X R Date 9/13/2007 K COUNTY Register: CJO/CJOS1 AM ORNDOFF, JR Trans. #: 45695 225 Dept # 1095 VA 22604-0225Acct# OSITS PLANNING Previous $ 350.00 Balance 1 Principal Being Paid $ 350.00 Penalty $ 00 t Interest $ 00 , t C I Amount Paid $ 350.00 Balance Due $.00 01 r �• Pd by DEPT OF PLANNING Check 5010.59 # CKS INCLUDES PENALTY/INTEREST THRU THE MONTH 9/2007 - BALANCE DUE U:\Be %Common\Tracking sheeWBZA Tmking.ba R"ised 05/25/0) 4-4 0 a, o N a a� 4 N N Q C ? .. U 2� u,a�3In l,L/''1RCIwG ram. "SHAWNEE-LAND" Subdivi, Deed Book 670 Tax Map#69A 1 Back Creek Magi; Frederick Cour Scale 1 "=50' jab 0.459 Acres 0, Preparei Dodson Survi P.O. Bo; Luray, VA. Phone:(540) Fax:(540)& Email:dodsonsurvi 9 • • ERICK Department of Planning 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 #19-07 FOR CLARENCE PARADIS 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-1-32-84 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 32, Lot 84, in the Back Creek Magisterial District. If you have any questions regarding this action, please feel free to call this office. Sincerely, ek. C eran Zoning Administrator MRC/bad cc: Jane Anderson, Real Estate John Trenary, Inspections Clarence Paradis, 2 Auger St., Sanford, ME 04073 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 VARIANCE APPLICATION #19-07 CLARENCE PARADIS 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 32, Lot 84 MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 69A-1-32-84 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 #19-07, Clarence Paradis 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 fiont, 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. ,maw, bon, �Iwm � Aerial Map Frederick County, VA Variance VAR# 19-07 Application Clarence Paradis Parcel ID: 69A - 1 - 32 - 84 Location in the County Map Features O Hamlets •►, Future RQ7 Bypass C3 Application 35 Lakes/Ponds Streams Streets Primary ^. Secondary '�- Terciary Winchester Rds �• Urban Development Area O%r SWSA Star Tanne Location in Surrounding Area © Case Planner: Lauren " Map Document: (N:\Planning_And_Development\ 1_Locator_Mps\Clarence_VAR1907_091707.mxd) 9/17/2007 -- 3:55:57 PM 4 WA L u • UlZ l t � � X :�yA\'Y r Frederick County, VA Location in the County Map Features O Hamlets 4%. Future Rt37 Bypass C3 Application D Lakes/Ponds -- Streams Streets Primary ti Secondary Tertiary Winchester Rds w0 Urban Development Area fillip SWSA Topography (5' interval) Variance VAR# 19-07 Application Clarence Paradis v,acdens`p\e arc 510 Parcel ID: 69A-1-32-84 Location in Surrounding Area � 1 © Case Planner: Lauren neap Document:(N:\Planning_And_Development\_1_Locator_Mps\Clarence_VAR1907_091707.mxd) 9/17/2007 -- 3:55:57 PM ���� �i ��T�� �� • 0 • 0 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA -OFFICE USE ONLY - Variance Application No. / ` C, Submittal Deadline: c <: Submittal Dater �6, �7 For the meeting of Fee Paid: jes initials: Sign Deposit 36�s MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner 2. APPLICANT: other . (Check one) NAME: &�� M &Atv S ADDRESS 5 - 1ftf �un C\VCY Vv_w� 64L \� fl 112 30 TELEPHONE:%) `01 U O T: (if different) NAME: � I � Qn L P OR( 1.S ADDRESS: c�t �3 TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): YA \ v cu — 4. The property has a road frontage of _feet and a depth of 10 D and consists of , H 59 acres (please be exact). Page 5 of 9 feet 0 5. The property is owned by C qY en C e 2 . Clr 0, C� I S as evidenced by deed from M(w i ec , 1 h0, recorded (previous owner) in deed book no.AO D no page 2.15 of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: R)aCV\,. 7. Property Identification No.: (q A - 1 - 52 - <� 4 8. The existing zoning of the property is: N 9. The existing use of the property is: ya%I ' �n 10. Adjoining Property: USE ZONING North V p,W �, N East V av� Q South V 0,k ► West Y kw R � 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.") I A �O 1� -r.L oh 06S (P I V CLY I, w u." 0 Vk A+V1 si, 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 Page 6 of 9 00 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 �) V o b �. �nc' Address b'r ° 22 �, _ Property ID # /' --I _ ' Address PO RoX 132 r' Property ID # v1 r�Qj- l�l I 1 Address L����n � • '_ Property ID # (Dq A Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # Page 7 of 9 • 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 1. EasemeTs, 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. 4. Iron Pins set by all drainfield comers. 10, 7°k�ssid /6� 50'B.FiL _ i a�oo//hy6°rdG�o 3-2I:00 k/Oi /ho sa Kle- 0 Z _ 4 ro to O /Lot \ l c5 o Lot 84 h 85 ? - 0.459 acres Ir- 20000.00 sq ft , 11� E +/- 600' to CAT BRIER N O 0 Area BELLWORT TRAIL(60' RM) PROPOSED HOUSE, DRAINFIELD, & WELL LOCATION SURVEY PLAT Property of "CLARENCE R. PARADIS" "SHAWNEE-LAND" Subdivision, Section 32, Lot 84 Deed Book 670, Page 215 Tax Map#69A (1) (32) 84 Back Creek Magisterial District Frederick County, Virginia Scale 1"=50' Date: July 26, 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 I�Lot�l '\,158,, I�Lot i �83� LEGEND 0- Iron Pin Found A D q r 00 io11Q/07 L,Lcr a/Zy'/oq L&w Mtt1 roost JAcxsoM. GRAY" "a IMAM" « llvvw « ,." +w #419 JOHN G. LEAKE, TR. TO: DEED CLAREN'CE R. PARADIS, ET Ux BR6/OPG215 WHEREAS, Marjec, Inc. (a corporation organised and existing under the laws of the Commonwealth of Virginia) was conveyed a tract of real estate situate in Frederick County, Virginia by deed dated Just 19, t936, and recorded in the Office of the Clark of the Circuit Court of Frederick County, Virginia, to Dead Book 242, at page 26t and, WHEREAS, on September 14, t978, Herjac, Inc., filed a Volun— tary Petition for Relief under the provisions of Chapter EI of the Bankruptcy Act of 169E in the Dmited States Bankruptcy Court for the Western District of Virginia (Harrisonburg Division) (hereinafter referred to as "the CourtT), snd designated as Case No. 78-00245; and, WHEREAS, subsequent to the filing of said petition for relief, the Court, by Order dated March 18, 1983, converted the procoodings to a case under the provisions of Chapter IV of the Bankruptcy Act of 1896; and, WH9RBAS, by Order dated July 31, 1984 the Court appointed John G. Leaks as Trustee of the Debtor's estate, (which order to recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Dead took 597, at page 415), and said John G. Leaks has duly qualified as Trusteat and WHEREAS, after notice and hearing, the Court, by order dated June 12, 19$5, authorised John C. Leaks, Trustee, to execute and deliver his dead with special Warranty of Title, and free and clear of all liens (except any lien attributable to real estate taxes owed to Frederick County, Virginia), to those persons who executed a $also Contract for the purchase of a lot from Marjec, -- 8 f � I ax67OPs116 Inc.. prior to its filing of its petition for Relief, and who had paid all some of sooty due and owing on account of said gales ` Contract. (which order in recorded in the Clark's Office afore- i �j said, in good Book 597, at page 412)1 and + WHEREAS, it appearing to John 0. Lesko, Truett*, that with t respect to the Sales Contract executed by the parties of the second part hereto, all sums of money due and owing thereunder have been paid. and said parties are entitled to a dead. NOW. THEREFORE, THIS DEED, entered Into this Ath day of fl f rebrtary, 1996, by and betwepn JONN 0. LEARB, TRUSTEE of the I I &state of Marlse, Inc., trading as Shawooe-Land. Debtor, party of the first part, and CLARENCE R. PARADIS and MAROA PARADIS, husband and wife, parties of the second parts � I �1 THAT YOR and in consideration of the premises and the sus of TSN DOLLARS ($10.00). each In hand paid by the parties of the I second part to the party of the first pact, and of other good and I} I valuable consideration passing from the parties of the second � I part to the party of the first part, prior to the execution and !I 4 (delivery of this d+ed, the receipt of all of which is hereby 1jc acknowledged by the party of the first part, said party of the ` first part bas bargained and sold, and does hereby grant and convey with Special Warranty of Title, and free and clear of all I( it ^+ lions (except any lien attributable to real estate taxes owed to reoes. a�aow. irodefick County, Virginia) in accordance with the aforesaid Order a kva aa. RAUMa w.rwrrw�. v. awe of the United States Bankruptcy Court for the Western District of 1 w •�. MrM �+ Virginia (Harrisonburg Division) dated June 12, 1965. unto CLARENCE R. lARADIS and MAROA PARADIS, husband and wife. as tenants by the entirety with the right of survivorship as at I ! t r,aar•�rw a+..�.r .. ...•H��•••••• s r•n i 4 ...� i... r.i�r••...+rr rrMw ..r uw t..r nJa4r _wwswserww.a.. _.�..M.f.ur.wrYww-w ...a • .-r I �J'G2 I T common law, the following tract of real estate, to -wits I All that certain lot or parcel of land, lying and being it situate in lack Creek Magisterial District, Frederick County, Virginia. designated as Lot 84. Flat 7, Section 32, Shawnee -Laud h Subdivision an described and not forth in that certain Deed of Dedication of Marjec. Inc., dated July 26, 1971, and recorded in the Office of the Clark of the Circuit Court of Frederick County, Virginia. in Dead Book 360, page 268. �! V This lot or parcel of real property is conveyed subject to 'I II all the cestrLetions set forth in the aforesaid Deed of Dediea- �V slog which are covenants running with the land. E I I' It to further understood and agreed between the parties ? ;; .i I hereto that all of the conditions in that certain Sales Contract entered into between Marjec, Inc. and the parties of the second part prior to the date of this dead for the above described lot are NOT to be merged into this dead. but are to survive, And to be and remain in fell fares and effect hereafter. including but li not limited to those provisions for the payment of membership II fees, including Dues and Maintenance Fees. WITNESS the following signature and seals N 1:. Lanka. (S[AL) John as a . Trustee li of tine Estate of Marjec, Inc.. Debtor l; STATE Of VIRGINIA AT LARGE ' I CITT OF NARRIEONSDRC. to -wits 0oows.,wcK.oK 'he foeegolag instrument was acknowledged before se by John uAvaa "a sksraw I G. Look*, Trustee of the Estate of Marjec. Inc., this all day ,of February, 1986. I 1 My commission empires J Y 9••9 I I �I Bx6TOPO??3 - 0 Zee= le,01 2g ?X4�10 i tart' ftbize Tire wt►unttnt Of Itk��g-•wAs j, r4uwd to am anow o w and �+�oW K':�'r•)r�; rd.lax J :+vr,nr;•cA iar0 bean J•..�t � rt : �. ,:.r: CLEM% 9 �I II II I i r ti 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, Virginia, as shown hereon. 4. Iron Pins set by all drainfield comers. Q c� PCB (8 Q �O Off' i�Lot�i \1156/ I�Lot \I \157/ LEGEND Q- Iron Pin Found /Lot �I \158/ so, fog s;o. sh fh; es 4fiok 9S,- 016a GS o c� Lj s 50' B.R.L. .0 — 34.00- V,.00' I o H�PP• ge 34. ' Z rn _ 4N a �I 6 c No o i Lot I� 83 I'Lot c5 85 / � o Lot 84 h 0 0.459 acres `- o_ /1 o n _ 20000.00 sq ft moo' R. m Area I u to —� — to CATAT BRIER TRAI- 100.00' __-----______ S 52°50'56" W BELLWORT TRAIL(60' R/W) PROPOSED HOUSE, DRAINFIELD, & WELL LOCATION SURVEY PLAT Property of "CLARENCE R. PARADIS" "SHAWNEE-LAND" Subdivision, Section 32, Lot 84 Deed Book 670, Page 215 Tax Map#69A (1) (32) 84 Back Creek Magisterial District Frederick County, Virginia Scale 1"=50' Date: July 26, 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:dodsonsurveyo_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. 4. Iron Pins set by all drainfield comers. Qs /b �� Q moo. o� 'Lot ` 10 56/I I'Lot \,157/ LEGEND �- Iron Pin Found (Lot \11158/ Sp, fo si ,� he ly��o 50' B.R.L. Prpp. Hle. 34.00' Z U) 'Lot `I o C o ° Lot (� `�° \ 85 / ? 0 00 o Lot 84 'X 0.459 acres li- _ im o_ 83 /I o _ 20000.00 sq ft m 110 Area _ to CAT BRIER TRAI 100.00'—_-------_—__ S 52050'56" W BELLWORT TrWL(60' R/W) PROPOSED HOUSE, DRAINFIELD, & WELL LOCATION SURVEY PLAT Property of "CLARENCE R. PARADIS" "SHAWN EE-LAN D" Subdivision, Section 32, Lot 84 Deed Book 670, Page 215 Tax Map#69A (1) (32) 84 Back Creek Magisterial District Frederick County, Virginia Scale 1 "=50' Date: July 26, 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 s�A RC N7DzODSONR. o. 3440SUR Email:dodsonsurveyCaD_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. 4. Iron Pins set by all drainfield comers. Q (b PCo Q moo' �O O� i�Lot \156/ (Lot \157/ LEGEND �- Iron Pin Found I�Lot�i \158/ Sp, sh fh; e �f�I�b sioe fba ��e aa�ehif���`S of ��fh hoe A lLej� 50' B. R_L. _ 32I:I00' Prop• of�e� Hle 34.00' Z (n ca V 10 'Lot\1 o �o 00-4 CA) CD(Lot\) 00 85 0 00 $ Lot 84 �� o0 0 83 / / 0.459 acres jr- .a _ 20000.00 sq ft m 61.9 11� �0'aR.L . 110 Area W 104 6g.2 A +/- 600' o to CAT BRIER TRAI_ 1 .00, _____________ S 52°50'56" W BELLWORT TRAIL(60' F;M) PROPOSED HOUSE, DRAINFIELD, & WELL LOCATION SURVEY PLAT Property of "CLARENCE R. PARADIS" "SHAWNEE-LAND" Subdivision, Section 32, Lot 84 Deed Book 670, Page 215 Tax Map#69A (1) (32) 84 Back Creek Magisterial District Frederick County, Virginia Scale 1 "=50' Date: July 26, 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: dodsonsu rveyo_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. 4. Iron Pins set by all drainfield comers. s Q P° Q moo, o� o _ ('Lot �I \1156�/ 'Lot (� 85 /I ('Lot Ni \�157�/ A P &W ('Lot \158,/ Z 32IAI0' Pr P. Hge. 34.00' rGo 0 N cn 0 0 NO 0 _ v / o o Lot ( I o �� 83 o Lot 84 0.459 aces I� o_ o / 20000.00 sq ft m �Q'&R.L . 110 � Area +/- 600' 4-� to CAT BRIER TRAI 10000, _ __---_— S 52050'56" W BELLWORT TRAIL(60' R/W) PROPOSED HOUSE, DRAINFIELD, & WELL LOCATION SURVEY PLAT Property of "CLARENCE R. PARADIS" "SHAWNEE-LAND" Subdivision, Section 32, Lot 84 Deed Book 670, Page 215 Tax Map#69A (1) (32) 84 Back Creek Magisterial District Frederick County, Virginia Scale 1 "=50' Date: July 26, 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 LEGEND Iron Pin Found RCHI J, DO R. No. 344 C� ,�0+ Is UR" _ 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. 4. Iron Pins set by all drainfield comers. Qs ,b Q moo. o� o _ i'Lot \i \1156,/ so, fog S�, s� fh; es �f�,%yo S�S,;aef6a P'a0;Phif�� `dG�o � 0 fho� 'Lot \ i\ 85 /I I'Lot \i \157�/ I'Lot \I \158,/ 50' B.R_L._ _ 32I:I00' Prpp. Hie. L----- 34.00' Z co 4 CD o v / \ Lot I\ c5 j o Lot 84 .� o_ 83,1 o +'_ ! 0.459 acres I!- 20000.00 sq ft i m BAL. ---11 104 Area to CAT BRIER TRAI 100.00' _ _ _ _ — — _ ti S 52°50'56" W BELLWORT TRAIL(60' R/W) PROPOSED HOUSE, DRAINFIELD, & WELL LOCATION SURVEY PLAT Property of "CLARENCE R. PARADIS" "SHAWNEE-LAND" Subdivision, Section 32, Lot 84 Deed Book 670, Page 215 Tax Map#69A (1) (32) 84 Back Creek Magisterial District Frederick County, Virginia Scale 1 "=50' Date: July 26, 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 LEGEND )- Iron Pin Found 0 SURv�, G, LAW *"bon wooer aAcxsoM. "AV" r aALSMI NI - = VA ONM go" »r #419 JOHN G. LEAKE, TR. TO: DEED CLARENCE R. PARADiS, ET U 8K 6 7-0 PG 21 5 WHIMS, Marlec, Inc. (a corporation organised sod existing under the laws of the Commonwealth of Virginia) was conveyed a tract of real estate situate in Frederick County, Virginia by deed dated June 19, t956, and recorded in the Office of the Clock of the Circuit Court of Frederick County, Virginia, in Deed Book 242, at page 261 and, WHEREAS. on September 14, 1976. Marjec, Inc., tiled a Volun- tary Petition for Relief under the provisions of Chapter XI of the Bankruptcy Act of 1694 in the United States Bankruptcy Court for the western District of Virginia (Harrisonburg Division) (hereinafter referred to as "the Court'), smd designated as Case No. 78-00245; and, WHEREAS, subsequent to the filing of said petition for relief, the Court, by Order dated Karch 18, 1983. converted tke proceedings to a case under the provisions of Chapter IV of the Bankruptcy Act of 1896; and, WHEREAS, by Order dated July 31, 1994 the Court appointed John G. Lesko as Trustee of the Debtor's aatate, (which order is recorded in the Office of the Clerk of the Ctrcult Court of Frederick County, Virginia, in Dead Book 597, at page 41S), and said John G. Looks has duly qualified as Trustee; and WHEREAS, after notice and hearing, the Court, by order dated June 12, 1985, authorised John G. Lesko, 'trustee, to execute and deliver his deed with special Warranty of Title, and free and clear of all liens (except any lien attriketable to real aatate a owed to Frederick County, Virginia), to those persons who uteri a gales Contract for the purchase of a lot from Karise, - s 4 1 i i t 0 I � i r9xs7 2is Inc., prior to its filing of its Petition for Relief, and who had j paid all some of ■oney due and owing on account of said Sales Contract, (which order to recorded in the Clerk's Office afore- I; said, in Deed look 597, at page 412)1 and • `I WHHRLAS, it appearing to John C. Lemke, Trustee, that with respect to the Sales Contract executed by the parties of the second part heretn, all sun* of money due and owing thereunder II have been paid, and said parties are entitled to a deed. { NOW, THBRRPORB, THIS D819D, entered into this 4th day of Ii rebreary, 1986, by gad between JONM 0. LRAM, TRUST96 of the Rotate of Marjec, Inc., trading as Shawnee -Land, Debtor, party of the first part, and CLARRMCR R. PARADIS and MARGA PARADIS, I ,i husband and wife, parties of the second part: THAT 10R and in consideration of the preaises and the sun of .i�T90 DOLLARS ($10.00), cash in hand paid by the parties of the second part to the party of the first part, and of other good and valuable consideration passing from the parties of the second II I part to the party of the first part, prior to the execution and Idelivery of this deed, the receipt of all of which is hereby acknowledged by the party of the first part, said party of the I, first part has bargained and sold, and does hereby grant and convey with Spacial Warranty of Title, and free and clear of all liens (except any lien attributable to real estate taxes owed to I. woo"*�ow. 8redefiek County, Virginia) in accordance with the aforesaid Order, SAWS r RALMON M&MMO.YMO.h.am" of the United States Bankruptcy Court for the Western District of .,.:.w... Virginia (Harrisonburg Division) dated June 12, 1985, unto CLA19MCK R. PARADIS and MARCA PARADIS, husband and wife, as I tenants by the entirety with the right of survivorship as at i I r wa.a.•...rr.w w ..w4.. r.v ,wr�.�a w.. s � ..n ..... . •.. aw .w,wuww-r N M�1w lM .. w.af.Y.�r�w..+.r�.m...Us�.orw.erJwwra..`..e •• . _ r+ a wn a►smcs "001 . JACKaOM. 1Aves "a NALgrow ssNs ws BIX�3i°G2 common law, the following tract of real estate, to -wit, All that cartel* lot or parcel of land, lying and being I; situate in back Creek Magisterial District, Frederick County, Virginia, designated as Lot 84, Flat 7, Section 32, Shawnee-Laad li111 Subdivisioe as described and set forth in that certain Deed of i Dedication of Marjec, Inc., dated July 28, 1971, and recorded is the Office of the Clark of the Circuit Court of Frederick County, Virginia, in Deed book 380, page 268. 4 r L' This lot or parcel of real property is conveyed subject to I ii all the restrictions set forth in the aforesaid Dead of Dediea• li j! tion which are covenants running with the land. ii II li It is further understood and agreed between the parties li beret* that all of the conditions in that certai* Sales Contract �I entered into between Marjec, Inc. mad the parties of the second part prior to the date of this dead for the above described lot are NOT to be merged into this dead, but are to survive, And to I, be and resin in full force and effect hereafter, lacludiag but ; not liaited to those rovision@ for the p paymeat of •ember skip I� tees, Including Dues and Maintenance Fees. MITMESg the felloviag signature and seal: II I rl , - -4/ i (fLwL) I II of t'he Estate of Martastejesc, iate, Debtor �I STATE OF VIRGINIA AT LARGE � I � CITY OF UARRISONSURC, to -wit, 1 The foregoing iastruaent vas acknowledged before at by Join ii C. Lasko, Trustee of the Estate of Marjec, Jac., tbis day s of February, 1986. .i My couaisslon expires?.? `mil' 0 � I ,! 1� i k i i I� I I I� 1( I • ry � �tlflrr'ILM I I I !i I I II Tin kstmnKnt or, �tim was prml wd to am on the and i%►•►k . ' . •1w►,` :S�iNIQi'Yi►.fi►•1•h ►;r "k°' ` � 11 i M/t'i Gtlk•B :t f•? li_if(�. lax•�?f lfll'+�(: it-�+.s.r_► asxf �8.51 Ilava bc:n p oo , ki , • k� e44 �f i C.LEk;► I I i i I I. ,A,,.,,,... MNGMW*VR vA fftM r II lj wow w j ' � 1 I�I � 11 �I k i i I+ • If ' i ��u.:hY=R '1�.0Ynuw'M��Y+i�I.uYWYE'O. .3'V 1"1LJ'�..�i n�:.�v+i�F''x .;:f.....1'.,i .''i' � �w� i�,�•" USA First -Class 21 �ec, 9�) 2) S lcl�-) -t�, �R(3�6A A oc - \*X VA aa�3o jj j3? j tt F} Jjj �i i� i i iJ} JJ) ii E i iit i 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(c-7 Lauren __ l l C�Z�]u1u1so" &I Received by Clerical Staff (Date & Time): U:\Pam\Common\Document Approval Form.wpd 3, :r COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING October 2, 2007 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST 419-07 OF CLARENCE PARADIS 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 919-07 of Clarence Paradis, 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 32, Lot 84, and is identified by Property Identification Number 69A-1-32-84 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 J This is to certify th t e attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: 69A 1.32- 84- PARADIS, CLARENCE R. 2 AUGER ST SANFORD, ME 04073-3742 69A - 1.32. 83- GOODMAN, T P PO BOX 1325 WINCHESTER, VA 22604.7825 69A - 1.32. 85- HOTT, DAVID CARSON 34176 CHARLES TOWN PIKE PURCELLVILLE, VA 20132.1819 69A - 1-32.158- PARAMOUNT CORPORATION 503 WALNUT DR RIVA, MO 21140.1042 Mark R. Cheran, Zoning & Subdivision Administrator Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK I, . p a Notary Public in and for the State and County aforesaid, do lAreby certify that MarkLk. Cheran, Zoning & Subdivision Administrator for the Departme t f Planning and Development, whose name is signed to the foregoing, dated / 0, has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this jy day of 10 My commission expires on NOTARY ID # 331878 NOTARY PUBLIC COMMONWEALTH OF VIRGINIA My COMMISSION EXPIRES DULY 31, 2011 NOTARY PUBLIC - lq-e 7 f'(AJ q -I- 3Q- TO:BARBARA-DATA PROCESSING FROM:BEV - PI ning Dept. ��✓� Please print sets of labels by ��!A THANKS! 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 C� �� P��,� r-���--�� -��- :BARA-DATA PROCESSING � ) )� FROM:EV - PI ninq Dept. ~= Please print �. sets of labels by 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 of this. application: people will be notified by mail NAME Page 7 of 9 �L Ale's �s S6 AJ F6�> p (��