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HomeMy WebLinkAbout20-07 Jerome Schams - Back Creek - Backfilen BOARD OF ZONING APPEALS Variance Request Tracking Sheet Date: A/ File opened Q Reference Manual updated/number assigned q /I q /(- D-base updated J l4 0 cation map requested from GIS Two sets of labels requested from Data Processing File given to Renee' to update Application Action Summary Awl MEETING DATE: /D 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CLOSE OUT FILE: Approval (or denial) letter mailed to applicant/copy made for file File stamped "approved„ "denied" or "withdrawn„ Reference Manual updated "(J, L7 D-base updated "o-1 07 File given to Renee' for final update to Application Action Summary 16P iw U \3e \Common%Tracking sheca\BZA Tracking bza Acvised 05/25/01 0 RECEIVED FROM m N ADDRESS � Q O � ® N 0 N N ❑FOR RENT y ❑FOR Un Q • U V7 AMT. OF ACCOUNT • Z U \Q AMT. PAID BADUECE wa�3� WN, r � • i HOW PAID ri/w N MEMORANDUM TO: Finance Department FROM: Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: October 30, 2007 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 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 #20-07 for Jerome Schams. 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 PLC jp`3o)o7 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 UNBeOCommon\Tracking sheets\BZA Tracking.bu F,"ised 05125/01 0 N N cc .—r O Q O N lwj Q U N C: ., ��• • O LL4 A4 3 kr) "JEROME "SHAWNI . t* s �t i t Ticket #:00005870001 T A X R E C E I P T Date 9/13/2007 CK COUNTY Register: CJO/CJOS1 LLIAM ORNDOFF, JR Trans. #: 45695 BOX 225 Dept # 1095 Acct# "WINCHESTER VA 22604-0225 SIGN DEPOSITS PLANNING Previous Balance $ 350.00 Principal Being Paid $ 3SO.00 Penalty $ .00 t Interest $ .00 i Amount Paid $ 350.00 - *Balance Due $ .00 I Pd by DEPT OF PLANNING Check 5010.59 # 9/2007 CKS BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH • a 0 C RICK 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 #20-07 FOR JEROME SCHAMS 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-1-32-28 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 28, in the Back Creek Magisterial District. If you have any questions regarding this action, please feel free to call this office. Sincerely, Mark R. Cheran Zoning Administrator MRC/bad cc: Jane Anderson, Real Estate John Trenary, Inspections Jerome Schams, 532 Annet St., Henderson, NV 89052 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 VARIANCE APPLICATION #20-07 JEROME SCHAMS Staff Report for the Board of Zoning Appeals Prepared: September 27, 2007 Staff Contact: Lauren E. Krempa, Planner I 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: Lot 28, Plat 1, of Section 32 in the Shawneeland Subdivision off of Arbutis Trail MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 69A-1-32-28 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: The current setbacks for the RA zoning district eliminate a buildable area on this property. Variance #20-07, Jerome Schams September 27, 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 Arbutis 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 to the left side, change to 34 feet to the right side, 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. y�1 /A a MIX" Location Map (` Frederick County, VA Variance VAR #20-07 Application Jerome Schams Parcel ID: 69A- 1 -32-28 Location in the County Map Features C Hamlets 4%• Future RQ7 Bypass = VAR2007_JeromeSchams J5 Lakes/Ponds ^-- Streams Streets Primary ^. Secondary '�- Tertiary Winchester Rds Urban Development Area 04p SWSA Topography (5' interval) Star Tanne Location in Surrounding Area 0 250 � A © Case Planner: Lauren Y Map Document: (N:\Planning_And_Development\ 1_Locator_Mps\Jerome_VAR2007_091707.mxd) 9/17/2007 -- 3:37:34 PM 9 0 cams Frederick County, VA Variance VAR #20-07 Application Jerome Schams Parcel ID: 69A-1-32-28 Location in the County Map Features O Hamlets e►. Future.37 Bypass = Application D Lakes/Ponds ^-- Streams Streets Primary ti Secondary Terciary Winchester Rds �0 Urban Development Area fill SWSA Location in Surrounding Area ea y� ICase Planner: Lauren S Map Document: (N:\Planning_And_Development\ 1_Locator_Mps\Jerome_VAR2007_091707.mxd) 9/17/2007 -- 3:37:34 PM to LJ L� APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA -OFFICE USE ONLY - Variance Application No. ) L _&r? Submittal Date: Fee Paid: yes initials: Sign Deposit ;yes Submittal Deadline: 11.Q,49 For the meeting of MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner other . (Check one) 2. APPLICANT: OGe(if different) NAME: �6WC &k_Mfp:� ADDRESS 641 1 )£ef LDrde NAME: �Q101Y1Q �� SC[YIS ADDRESS: 5 � A - f S( � CVun\ � R 11631,�14)6PLSD)�) NV S, 90sa TELEPHONE: 5 ` o 1* 11Q `I ( I TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): Shin S I � QiL 4. The property has a road frontage of feet and a depth of feet and consists of , � 5 q acres (please be exact). Page 5 of 9 0 5. The property is owned by� Ym -� C7 �' u �e Chow 1.� as evidenced by deed from MQr'-k e G , 1 n c, . recorded (previous owner) in deed book no. Do 1 on page � of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: V ad, clyed<1- Q_/ 7. Property Identification No.: 69 A 8. The existing zoning of the property is:� �\ 9. The existing use of the property is: _r ���\ wn d 10. Adjoining Property: USE ZONING North KqW East Y wt1 R_ P South V Uhl West 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.") l Vol Iany N+m����,�51 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 \KA N� Ve4 �c-,P�\�kC K.!� A- Sid .P 0 Page 6 of 9 0 0 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 �)C\\ I C\ MO&fl1 e m s Address 1 o q &t+ � CA1O J V C i v� t -a A -e Property ID #,1 - 31 -- Z. 9 David MWheaS Address/ 0`i 8tt fA(toTor L Wi nck'-ske- Property ID # A 3 2- - 2 -7 � � Address Property ID # to 5'A - - 32 -7 Z � �Ole Address Property ID # Co - 3 \tee, V�6�e 1-6 Address Property ID # l0 9 A - - 1 - Address Property ID # Address Property ID # Address Property ID # Page 7 of 9 • 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. EasemeTits, if any, not shown. No title report fumished. NW 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 at all drainfield comers. LEGEND �- Iron Pin Found I'Lot \ 73, Aot �I \ 74 f401 B.R.L. — �sh w/hsaPSP�6 Z sae a 34.00 32II.ar �' �.rhi/ w /fie ary/e hifi V PLOP. g H{e. ��o s'9 XW ode, — N CD `4 Lot I 29 qo �' I� 8 I/Lot\I 8 27 i I $ t m B R.L. 1� Lot 28 0.459 acres bh 20000.00 sq ft DTF Area +/-200' to CHICORY Prop. Well 8A, ARBUTIS TRAIL(60' R/W) PROPOSED HOUSE, DRAINFIELD, & WELL LOCATION SURVEY PLAT Property of "JEROME B. SCHAMS & GERTRUDE A. SCHAMS" "SHAWNEE-LAND" Subdivision, Section 32, Lot 28 Deed Book 601, Page 363 Tax Map#69A (1) (32) 28 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.t:om 08/05/2007 23:14 FAX 5406368084 C-21 CAMPBELL REALTY INC • R 002 AGREEMENT VARIANCE # J �P7 (Number to be assigned by the Planning Dept.) I (we), the undersigned, do hereby respectfully make application, and petition the Frederick Coulaty Board of Toning Appeals (BZA) to grant a variance to the terms of the Frederick County Zoning Ordinance as described herein. Z agree to comply with any conditions for the variance rewired 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 nine at least seven (,7) da,vs 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 ofiny knowledge, true. DATA; 1 , )[,) - U) 1 SIG -NATURE OF OWNER � � . �� ����. ��� DATE 9-6-07 (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF % D & 4 `� ACTION: - DATE✓ P. i7 "-b • r DENIAL DATE: / b bto /10 -7 Wage 9 of 9 • 363 #4222 MARJEC, INC. TO: DEED JEROME B. SCHAMS, ET UX BK601Pc363 WHEREAS, Marjec, Inc. (a corporation organized and existing under the laws of the Commonwealth of Virginia) was conveyed a tract of real estate situate in Frederick County, Virginia by ( 1�� dead dated June 19, 1936, and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Dead look C 242, at page 26; and, WHEREAS, on September 14, 1978, Marjec, Inc., filed a Voluo- tart' petition for Relief under the provisions of Chapter II of the Bankruptcy Act of 1898 in the United States Bankruptcy Court for the Western District of Virginia (Harrisonburg Division) (hereinafter referred to as "the Court"), and designated as Case Ho. 78-00243; and, WHEREAS, subsequent to the filing of said petition for \ relief, the Court, by Order dated March 16, 1983, converted the proceedings to At case under the provisions of Chapter IV of the Bankruptcy Act of 1898; and, WHEREAS, by Order dated July 31, 1911 the Court appointed John G. Leaks as Trustee of the Debtor's estate, (which order is recorded in the Office o1 the Clerk of the Circuit Court of Frederick County, Virginia, in Dead look 597, at page 415, and said John C. Leaks ham duly qualified as Trustee; and WHEREAS, alter notice and hearing, the Court, by order dated June 12, 1985, authorized John G. Leaks, Trustee. to execute and LAW OPPO . MOoee. JACKSON. deliver his dead with Special Warranty of Title, and free and eawvas Mel eALama -- clear of all liens (except any lien attributable to real estate taxes owed to Frederick County, Virginia), to those persons who executed a Sales Contract for the purchase of a lot from Marjec, 364 6K 6 O I PG 3 t'4 Inc., prior to its filing of its Fatitioe for Relief, and who bad paid all suns of money due and owing on account of said gales Contract, (which order is recorded in the Clark's Office ofors- said, in Deed gook 597, at page 412; and WHEREAS, it appearing to John G. Leaks, Trustee, that with reapect tj the Sales Contract executed by the parties of the seen part herein, all subs of money due and owing thereunder have been paid, and said parties are entitled to a dead. MOW, THEREFORE, THIS DEED, entered into this 27tb day of August, 1985, by and between JOHN G. LURE, TRUSTEE of the Estate of Marjec, Inc., trading as Shawnee -Land, Debtor, party of the first part, and JEROAN B. SCRAMS and GERTRUDI A. SCRAMS, husband and wife, parties of the second parts THAT FOR and in consideration of the premises and the sun of TEN DOLLARS ($10.00), cash 1n hand paid by the parties of the second part to the party of the first part, and of other good sad valuable consideration passing from the parties of the second part to the party of the first part, prior to the execution and delivery of this dead, the receipt of all of which is hereby acknowledged by the party of the first part, said party of the first part has bargained and sold, and does hereby graut and convey with Special Warranty of Titles and free and clear of all liens (except any lien attributable to real estate taxes owed to u. O""W' Frederick County, 9lrginia)Ia accordance with the aforesaid Order 000111L JACXSON. ORAV" `0MLOrCN of the United States BankruptcyCourt for the Western District of k. wo"W#.L Y. u�o .�,.,.. Virginia (Harrisonburg Division) dated June 12, 1985, unto JEROME E. SCRAMS and GERTRUDE B. SCRAMS, husband and wife, as tenants by the entirety with the right of survivorsbip as at 365 { �y I' I i 6 h 1' 8K30cPG�'�5 I �I li I common lax. the following tract of real estate, to -vita; I; All that certain lot or parcel of land, lying and being ';situate in back Creek Magisterial District, Frederick County, Virginia, designated as Lot 28, Plat 4, Section 32, Shawnee -Load { i Subdivision as described and set forth in that certain Deed of Dedication of Marjec, Inc., dated July 28, 1971, and recorded in the office of the Clerk of the Circuit Court of Frederick County, Virginia, in Dead book 380, page 269. �I r i This lot or parcel of real property is conveyed subject to all the restrictions set forth in the aforesaid Deed of Dedica- tion which are covenants running with the land. II II � It is further understood and agreed between the pasties I Iberet* that all of the conditions in that certain Sales Contract entered into between Marjec, lac. and the parties of the second , II part prior to the date of this deed for the above described lot are NOT to be merged Into this dead. but are to survive, and to ' I be and remain in lull force and •!Lees hereafter, including but ,f not limited to those provisions for the payment of membership i fees, including Dues and Maintenance Fees. I� j WITNESS the following signature and sealt • II II � (SEAL) 1' Johr(JG. Leske, Trustee II it l of the Estate of Marjec, I•' Inc., Debtor li' II STATE OF VIRGINIA AT LARGE (CITY OF HARRISONBURG, to -wits y " O'^•'• The foregoing instrument was acknowledged before ■a by John 4 M001M JAMMON. 1� osw, vn� �,oNIG. Leaks, Trustee of the Estate of Marjec, Inc., this � day II �I I;I �! My commission expires- Q 1985. we li i tii I Ii 1 IfI !i 1 i 1 II 1 jI I 0 0 FA OK60l'PG366 1Notary PPublic ..1GURA FRBDZMCX COU.irY, SC I. This ��in/strnmew of wri q w produosd to me on the _11Q�6.1day , 192,r , a6L,441IR/%% , Ind with certificate iff acknowledgment thorsto anaeud ma idmi#ed to record. Tax imposod by Sao. ddi al 1 of 5 �?, r�, and 58-54 lhave been paid, if ams.sab,. I (J� I CIA- \ uw wooVUc JACKBOIC O AVUS AMA MUMN 14��IgI�V11�. YA �iMl �r MYR MY1� MIH IM c 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 at all drainfield corners. Q 10 000� (Lot /I 72 /Lot �I \�73� 60, / fog s;o 50' B.R.L_ — sh th; es o s e Z /�fbS`aetoC 34.00' 32M' rn P4 �Paa/e�i�� 66 �t C � 8 Hie. t/i e CQ C) �thPi cn 'Lot 29 \i ao ►' I 8 o _ ___ +/-200' to CHICORY `C— Lot 28 B R.L. 'go 0.459 acres ^Z 20000.00 sq ft �y. Prep D/F Area Prop. " well 0$ tAIL __ 100.00, 81 S 52050'56" W ARBUTIS TRAIL(60' R/W) PROPOSED HOUSE, DRAINFIELD, & WELL LOCATION SURVEY PLAT Property of "JEROME B. SCHAMS & GERTRUDE A. SCHAMS" "SHAWNEE-LAND" Subdivision, Section 32, Lot 28 Deed Book 601, Page 363 Tax Map#69A (1) (32) 28 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 \� 74 (,Lot �I \� 27 LEGEND (-o)- Iron Pin Found 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 at all drainfield comers. SO, fo, so. sh 'hl e � h7 Ss�O P�aaieh'fi�< 01 I�Lot �I �29,/ +/-200' to CHICORY (Lot \73� J OL Du DO ARBUTIS TRAIL(60' R/W) PROPOSED HOUSE, DRAINFIELD, & WELL LOCATION SURVEY PLAT Property of "JEROME B. SCHAMS & GERTRUDE A. SCHAMS" "SHAWN E E-LAN D" Subdivision, Section 32, Lot 28 Deed Book 601, Page 363 Tax Map#69A (1) (32) 28 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 �I \ 74 (Lot �I \ 27 LEGEND C.j- Iron Pin Found SRC JWR, y No 234� �A� STT V�` '' 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 at all drainfield comers. so, / fog, so. `S�J fhi eS *'ss'aLlaa i�0/aa/i1//? G'lot t h;�� Gje Se 01 e,. i�Lot \29/ B.R.L. i/Lot �I \173� Hie. /Lot �I 74 Lot \ o I\27/I fj I C _ Lot 28 0.459 acres 20000.00 sq ft LEGEND C)- Iron Pin Found L D/F Area Prop. $ 6' _ +/-200' Well E to CHICORY TRAIL 100.00' 81 --————— — — — — ——— — — — — — — — — — — - — S 52°50'56" W ARBUTIS TRAIL(60' R/W) PROPOSED HOUSE, DRAINFIELD, & WELL LOCATION SURVEY PLAT Property of "JEROME B. SCHAMS & GERTRUDE A. SCRAMS" "SHAWNEE-LAND" Subdivision, Section 32, Lot 28 Deed Book 601, Page 363 Tax Map#69A (1) (32) 28 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 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 at all drainfield comers. LEGEND (D.- Iron Pin Found so, / fog S;o Sh fhi es �°b S'oe �a w 6�e'daiPh�l;�`*o o o fhe� (Lot �) \29� _ +/-200' E to CHICORY TRAIT B.R.L. (Lot \i \�73� Hie. (/Lot �( 74 .IF?W N (Lot \i Co 27 cfl � i -t -� Lot 28 0.459 acres 20000.00 sq ft Prop. D/F Area Prop. Well 100.00, 8.1 S 52050'56" W ARBUTIS TRAIL(60' R/W) PROPOSED HOUSE, DRAINFIELD, & WELL LOCATION SURVEY PLAT Property of "JEROME B. SCHAMS & GERTRUDE A. SCHAMS" "SHAWN EE-LAN D" Subdivision, Section 32, Lot 28 Deed Book 601, Page 363 Tax Map#69A (1) (32) 28 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 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 at all drainfield comers. PCB Q OOCP (Lot it 72 so, / fo,, sjo' 1 tG*0 � o �fh � i�Lot �► �29� +/-200' to CHICORY B.R.L. ("Lot N► \73,/ P�p I ri -4 e m ,I og . B R.L Lot 28 ro N�fp 0.459 acres 20000.00 sq ft Prop. DIF Area Prop. Well tAIL 100.00' S 52050'56" W ARBUTIS TRAIL(60' RMI) PROPOSED HOUSE, DRAINFIELD, & WELL LOCATION SURVEY PLAT Property of "JEROME B. SCHAMS & GERTRUDE A. SCHAMS" "SHAWNEE-LAND" Subdivision, Section 32, Lot 28 Deed Book 601, Page 363 Tax Map#69A (1) (32) 28 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 \► \ 74 I/Lot �► \ 27 LEGEND �- Iron Pin Found 363 #4222 MARJEC, INC. TO: DEED JEROME B. SCHAMS, ET UX BK601 Pc363 WHEREAS, Marjec, Inc. (a corporation organized and existing under the laws of the Commonwealth of Virginia) was conveyed a tract of real estate situate is Frederick County, Virginia by . 1�y deed dated June 19. 1956, and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Dead look 242. at page 26; and, WHEREAS, on September 14, 1978, Marjec, Inc., filed a Volun— tary petition for Relief under the provisions of Chapter EI of the Bankruptcy Act of 1898 in the United States Bankruptcy Court ` for the Western District of Virginia (Harrisonburg Division) (hereinafter referred to as "the Court"), and designated as Case No. 78.002431 and, WHEREAS, subsequent to the filing of said petition for ` ralief, the Court, by Order dated March 18, 1983, converted the proceedings to a case under the provisions of Chapter IV of the Bankruptcy Act of 1898; and, WHEREAS, by Order dated July 31, 1984 the Court appointed John C. Leaks as Trustee of the Debtor's estate, (which order is recorded in the Office of the Clark of the Circuit Court of Frederick County. Virginia, in Deed Book 597, at page 415, and said John 0. Leaks has duly qualified as Trustee; and WHEREAS, after notice and hearing, the Court, by order dated June 12, 1985, authorized John 0. Looks, Trustee, to execute and uw .moa ''OOM JA`60K. deliver his deed with Spacial Warranty of Title, and free and "AWS *AM RAlsrod ww yr awe 4" Nwr ww�s clear of all liens (except any lien attributable to real estate own n. ntaxas owed to Frederick County, Virginia), to those persons who executed a Sales Contract for the purchase of a lot from Marjec, 364 • 0 LAW Orrw= MOOR[. JAGKOOM. CMAV90 AM RALOTON W"tWWwftc VA n"I A#M W SK6O 1 PG3tA Inc., prior to its filing of its Petition for Relief, sad who had Paid all sume of money due and owing on account of said salon Contract, (which order is recorded in the Clark's Office afore- said, in Deed book $97, at page 412; sad WHEREAS, it appearing to John G. Leaks, Trustee, that with respect tj the Sales Contract executed by the parties of the seco part herein, all sues of money due and owing thereunder have been paid, and said parties are entitled to a dead. MOM, THEREFORE, THIS DEED, entered into this 27th day of August, 1985, by and between JOHN G. LEA[E, TRUSTEE of the Estate of Marjec, Inc., trading as Shawnee -Land, Debtor, party of the first part, and JEROAK Be SCRAMS and GERTRUDE A. SCRAMS, husband and wife, parties of the second parts THAT FOR and in consideration of the promises and the su■ of TEN 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 sod valuable consideration passing from the parties of the second ,part to the party of the first part, prior to the execution and delivery of this deed, the receipt of all of which is hereby acknowledged by the party of the first part, said party of the first part has bargained and sold, and does hereby grant and convey 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)in accordance with the aforesaid Order of the United States bankruptcy Court for the Western Diatrict of Ilvirgiaia (Harrisonburg Division) dated June 12, 1985, unto J9ROME Be SCRAMS and GERTRUDE Be SCRAMS, husband and wife, as tenants by the entirety with the right of survivorsbip as at .. 365 r` i� I 4 r r it ;r 0?'G 2�, I li I I common law, the following tract of real estate, to -wit: i it j ii All that certain lot or parcel of land, lying end being situate in back Creek Magleteriol District, Frederick County, "Virginia, designated as Lot 28, Plat 4, Section 32, Shawner-Laad 4 Subdivision as described and set forth in that certain Deed of II Dedication of Marjec, Inc., dated July 28, 1971, and recorded in II 'the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Dead Book 380, page 269. This lot or parcel of real property is conveyed subject to II � all the restrictions set forth in the aforesaid Deed of Dedica- tion which see covenants running with the land. j 6 �I It is further understood and agreed between the parties I i 'hereto that all of the conditions in that certain Sales Contract II ff entered into between Marjec, Inc. and the parties of the second II part prior to the date of this deed for the above described lot ;I h1 Tare NOT to be merged into this dead, but are to survive, and to be and remain in full force and effect hereafter, including but I it .ilnot limited to those provisions for the payment of membership II II fees, including Dust and Maintenance !Tees. WITNESS the following signature and seals II I� I 1 I. (SEAL) ik Joh G. Leake, Trustee of the Estate of Marjec, Inc., Debtor STATE OF VIRGINIA AT LARGE CITY Of HARRISONBURG, to -Witt LDorm• The foregoing instrument Was acknowledged before me by John 4 "" M004M JACIMON. Ir QMVM MY ItM.Mpm i1�IMMOMI�. VA MIM1 G. Lesko, Trustee of the Estate of Harjec, Inc., this 9),.A day li �. wr «wr wwr i II I son,,, of • , 148S. I I! my commission expires ^, ���, &L I' I `I I I' I 40 366 0 • i LW a..Wa MOORt. PmxsOPL MAVca Ana RAUM14 IMII�n101�Y11a. YA L1M1 SIR N11Rf WIIMI wm w I BSI 6 01 'PG 3 6 6 4a4,._ /V ;�/, , 4taxy rI lap . _1GUiLA FRBDMCK comiTy. sci. This ./insirumoat of writlug wps produced to me on the �GI Jday , 192.., Ind wilh cectltica a acknowledgment thento annesad ivas id bunted to record. Tax imposed by Sao. Sti jl l of 5...,1 .sS- d , and 58-54 have been paid, if ame aa6. ' CIO-' 0 !7 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 Lauren, COMMENTS: Received by Clerical Staff (Date & Time): U:\Pam\Common\Document Approval Form.wpd Wj,:3 l o V-1 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 #20-07 OF JEROME SCHAMS 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 #20-07 of Jerome Schams, submitted by Bobcat Builders, LLC, for a 16 foot side yard variance on both sides, resulting in a side yard setback of 34 feet on both sides. This property is located in the Shawneeland Subdivision, Section 32, Lot 28, on Arbutis Trail, and is identified by Property Identification Number 69A-1-32-28 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. 'Lauren E. empa Planner I LEK/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify ghat the attached correspondence was mailed to the following on 16IQ O from the Department of Planning and Development, Frederick County, Virginia. 69A . 1-32. 28 -- - ---- --- SCRAMS, JEROME B. 532 ANNET ST HENDERSON, NV 89952.2619 69A - 1-32. 29• i MATTHEWS, DAVID C & LINDA J 104 BUFFALO TRL WINCHESTER, VA 22602.1305 STATE OF VIRGINIA COUNTY OF FREDERICK C I, a Notary Public in and for the State and County aforesaid, do areby certify that Laure . Krempa, Planner I, for the Depa m nt of Planning and Development, whose name is signed to the foregoing, dated JL d , has personally appeared before me and acknowledged the same in my State and ounty aforesaid. Given under my hand this day of My commission expires on NOTARY PUBLIC CQMMONWEALTH OF VIRGINIA W ;:OMMISSIONEXPIRES JULY31,2U11 NOTARY PUBLIC NGE if Q-© -o '? kbr►,� tA/hS TO:BARBARA-DATA PROCESSING FROM:BEV - Planning Dept. Please print sets of labels by 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: 1:7ILTATS �)Cv IC\ M� t )Eve S Address " 6ui (AiD -TV C i � VVl►�lCh(S Property ID 16q ,f - 1- 3 2- Z 9 �a V, Id M W hf V\1S Address l O u� f q to V f- L Property ID # j A - - 3 2- - Z -7 C Address Property ID # A - I - 3 2 - -7 2 Address Property ID #(91A- , 32 - 3 Address Property ID # lU I ,A - I - 31 Address Property ID Address Property IDz- Address Property ID # - -2 L-A � g �L, �4�N 9 D AJ ) IJ \TOfBARBARA-DATA PROCESSING f 2OWBEV - Planning Dept. Please print sets of labels by 02 9 7 THANKSI 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: PkIVYLVA-1 N Address Q �JU�. ojD J y" .` L W 1 - A �S Property ID # �pq �; - 3 2 _. 9 Address/ tt�fglo f i L VV e CAPSkr- Propertyy ID# � q A- i- 3 Z- 2 7 �`� S � Address Property ID # �(j - - �j 2 - 7 2 �6 Address Property ID # (D - - 3 2 - 3 fie, p 71 Address - Property ID # lJl 1 _ I - 31 Address Property ID # — — 2 2 Address Property IDZ- Address Property ID # — Page 7 of 9� �'