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HomeMy WebLinkAbout21-07 Helena Weaver - Back Creek - BackfileBOARD OF ZONING APPEALS Variance Request Tracking Sheet Date: 44 4 File opened c� Reference Manual updated/number assigned Q p D-base updated ZO SR4ffilocation map requested from GIS l9 a� i-A 7-- 7D 1-0K Two sets of labels requested from Data Processing File given to Renee' to update Application Action Summary MEETING DATE: FINAL ACTION: CLOSE OUT FILE: Approval (or denial) letter mailed to applicant/copy made for file �0 7 cP File stamped "approved", "denied" or "withdrawn" 1®il� d Reference Manual updated �O �7 D-base updated fq4o-) File given to Renee' for final update to Application Action Summary usev\Common\Tracking sheets\BZA Tracking.hza Revised 05/25/01 II� 1 I 1 � i 1 --J� a � ` i l ,�1 NO. 29 DATE �,a j RECEIVED FROM�GaX � �, N ADDRESS 1% V --Ll���, ° ,, erC`Y e piL•S 61 L L A R S $ oI Q, Q 0 N N � yQ' I, ❑FOR RENT ❑FOR ? _ t 0R 4 %1 folltp�4yL is �l U z 2o�. 15 rl- d O AMT. OF CASH ACCOUNT AMT. PAID 1 CHECK BALANCE MONEY DUE ORDER BJ.. Y 03 0 cc a Cc Cc 0 oe DATE ------ -- ---- NO. RECEIVED FROM ADDRESS ----------- - -- -----___-- _ DOLLA.�S S JFOR RENT ❑ FOR -- L - -- --- -- E: r ror AMT. OF CASH ACCOUNT I AMT. PAID �� h� - .�� •( ,: CHECK BALANCE MONEY DUE ORDER E r ' 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 #21-07 for Helena Weaver. 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 DI3o`al 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 itt_: J10, n.- ------ -, - - -- T A X R E C E I P T Date 9/13/2007 /WINCHESTER COUNTY Register: CJO/CJOS1 .M ORNDOFF, JR Trans. #: 45695 225 Dept # 1095 VA 22604-0225 Acct# SITS PLANNINGPrevious Balance $ 350.00 Principal Being Paid $ 350.00 Penalty $ .00 Interest $ .00 Amount Paid $ 350.00 *Balance Due $ 00 Pd by DEPT OF PLANNING Check 5010.59 # CKS BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 9/2007 L y FORM 46808 Frederick County Department of Planning & Development 107 N. Kent Street Ste 202 Winchester, VA 22601 540-665-5651 A C 3 O C TO 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 #21-07 FOR HELENA WEAVER 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-1-32-61 was for a 16 foot left side yard variance and a 26 foot right side yard variance, resulting in a 34 foot side yard setback on both sides. The property is located in Shawneeland Subdivision, Section 32, Lot 61, 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 Helena Weaver, 9649 S. Congress St., New Market, VA 22844 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 VARIANCE APPLICATION #21-07 HELENA WEAVER Staff Report for the Board of Zoning Appeals Prepared: September 25, 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: Shawneeland Subdivision, Section 32, Lot 61 at the intersection of Bellwort and Cat Brier Trails. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 69A-1-32-61 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 left side yard variance of 16 feet and a right side yard variance of 26 feet, which will result in a 34 foot side yard setback on both sides for the construction of a single family dwelling. REASON FOR VARIANCE: The current setbacks for the RA zoning district eliminate a buildable area on this property. 0 • Variance #21-07, Helena Weaver 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 the left side, and a 26 foot side yard variance on the right side (because this is a corner lot). 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 Bellwort Trail, 35 feet off Cat Brier Trail, 25 feet in the rear and ten feet on the left side. 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 the left side and a 26 foot side yard variance on the right side 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. ieaiN� S. J/ t i Location Map Frederick County, VA Variance VAR 4 21 - 07 Application Helena Weaver Parcel ID: 69A- I -32-61 Location in the County Map Features Q Hamlets 4►• Future Rt37 Bypass C3 Application 0 Lakes/Ponds Streams street: — Primary 4%o Secondary '�- Tertiary Winchester Rds 0 Urban Development Area 0M SWSA Topography (5' interval) StarTanne Location in Surrounding Area _ 0 250 Sf- y �I S � I © Case Planner: Lauren Map Document: (N:\Planning_And_Development\ 1_Locator_Mps\HelenaWeaver_VAR2107_091707.mxd) 9/17/2007 -- 3:25:20 PM • /r e , Aerial Map Frederick County, VA Variance VAR #21 -07 Application Helena Weaver Parcel ID: 69A-I-32-61 Location in the County Map Features C Hamlets e►. Future Rt37 Bypass Q Application D Lakes/Ponds Streams Streets '�.. Primary �. Secondary '�- Terciary Winchester Rds Urhan Development Area O%P SWSA StarTanne Location in Surrounding Area `pK Cp � 0 250 50 `r'eet � � © Case Planner: Lauren P Map Document:(N:\Planning_And_Development\_1_Locator_Mps\HelenaWeaver_VAR2107_091707.mxd) 9/17/2007 -- 3:25:20 PM j ✓J • • APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner 2. APPLICANT: other % NAME:Ta ADDRESS 'J 42 1 ee ( �n TELEPHONE: G. _. (Check one) 09�E (if different) TELEPHONE: I The property is located at (give exact directions and include State Route numbers): rats 4. The property has a road frontage of �� feet and a depth of 2 ub and consists of , y 5 9 acres (please be exact). Page 5 of 9 feet 00 • • 5. The property is owned by L 6 u i e G f Q yt ,r as evidenced by deed from [10,f t Q c , n c . recorded (previous owner) in deed book no. 422 V on page 51 �4 of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: I0, 2 P 7. Property Identification No.: 8. The existing zoning of the property is: IQA 9. The existing use of the property is: V ay� I (XA d 10. Adjoining Property: USE ZONING North V QI�I I Gl ,�I C� � A East r Q w R f� South q ►N NA& A West V 0,W JG1y1 IAA 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- - L � Y) 1 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 • o 400 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�1 Sh Address L`3 ��over Lh w V A Property ID #Uq A _ I - 3 2" °- "J 9 1 J Q J Address � Dro h e� L�, . -eh,,��, A 22(oq s Property ID# �q A -)- -S 2 40 3 Address 2 Drove - LhV v2cr' 45 Property ID # _ _ 3 Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # Page 7 of 9 • 9 •r 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 low 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. z ^1 N o c CO o a o PROPOSED HOUSE LOCATION SURVEY PLAT Property of "LOUIE R. WEAVER & HELENA V. WEAVER" "SHAWNEE-LAND" Subdivision, Section 32, Block 1, Lot 61 Deed Book 422, Page 574 Tax Map#69A (1) (32) 61 Back Creek Magisterial District Frederick CountyVirginia Scale 1"=50' Date: July 27, 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 BELLWORT TRAIL(60- R/W) / ^ . 00' B R.L.. o; - m I'Lot \I 62 Lot 61 �I o — 0.459 acres S 20000.00 stq it aN, Prop. o Hse. 50'B.R.L. sa �qo dsB 60 19 0 �o6jaRl eR! Prop. well oL 7 e e rJdp s 100.00, S 52°50'56" W 6. I I I I I I�Lot \I I \40, I I I I I I _ /Lot I\39/I — N, JR. ' 6/2007 12.31 FAi4.' 54097- HIiLLLi OF;jUF' F;E,LIun_, 08/00/2007 23:32 FAX 5400368084 C-21 CAMPBELL REALTY INC AGREEMENT VARIANCE # l — 6 7 (NumJvr to be assigned by the Planning Dept,) Z 002 I (we), the undersigned, do hereby respectfully make applieation, and petition the Fre6crick County Board of Zoning Appeals (BZA) to grant a variance to the terms of the Frederiel, County Zoning Ordinance as described herein. I agree to comply with any conditions for the variance required by the BZA. I authorize the members of the BZA and Frederick County officials to go upon the property for site inspection purposes. I understand that the sign issued to me when this application is submitted must be placed at the front property line St vcn tip• i *te�.1p ;isherein an,iZjL',�ed so as to be visible from the road or right-of-way until the hearing. I hereby ccrtify that all of the statements and information contained herein arc, to the best of my knowledge, true. TLTRE OF APPLICANT ?(A%%I6'e,v S L.�-c DATE 1- 30 - 0 -1 SIGNATURE OF OWNER �� w? �y _ DATE 2 l G/07 (if other than applicant) -OFFICE E USE 0NLj- 13ZA PUBLIC HEARING OF 10 6 '7 = ACTION: A`l' - � AP� avAL SIGNED. 13ZA CHARMAN DENIAL DATF: ! b �� / 0 7 par' 0 Of 9 JIB j(- iF it iF iF=/.- -)E * jE i!• i!• d'c -lF iF dE 3F dE;E iF-lt iF # 1F ih it- iF iF iE iF fit- iF iE w, 5364 N1AP,JEC , INCORPORATED TO .. DEED LOUIE R. �E_A'TER, ET UX BOOK 422 PacE 574 THIS DEED, made and -dated this day of i -- 197_3, 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 Louie R. Weaver and Helena V. Weaver , his wife, hereinafter called the Grantees. WITNESSETH: That for and in consideration of the sum of CU > . Ten Dollars ($10.00) and other good and valuable considerations, CQ 3 O N receipt of all of which is hereby acknowledged, the Grantor hereby cc b T grants, sells and conveys, with general warranty of title, unto ' i J L the Grantees in fee simple, jointly, as tenants by the entirety with the common law right of survivorship, all of the followinq Co �M:CJ� described property: I All of that certain lot or parcel of i I land designated as Lot 61 Plat" 6 Section 32 described and set forth in that certain deed of dedication of Marjec, Inc. dated the 28 day of July ,1971, and of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, j in Deed Book__280 Page 269 • 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) SAI•tSWARR of sale and purchase entered into between the parties hereto for •ne•.m a u• � n•••• 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 5� NSSSIE ... SNS,IS II •INCMf.IC.. VI..I.1. aca� 422 iAcE 575 The Grantor covenants that it has the right to convey the within described property; that the Grantees 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 agent, and its corporate seal to be affixed and attested by III `T. ��+,+,•r 11,,1�„r,Ir , its Assistant Secretary the first date f i hereinabove written. +� MAR C, INCORPORATED By Donald R. Lamborne, President 4 IV U orPT5_te Seal) Attest By: STATE OF MARYLAND COUNTY OF MONTGOMEEnRY, To -wit: ` a Notary Public in and for the County and State aforesaid, do certify that Donald R. Lamborne, and President a4sSistan, Secretary respectively of Marjec,,Incorporated, whose names are signed to J. . -the foregoing writing, bearing date the �_ day of �Z , 19_Z2_, have personally appeared before me in my County and State aforesaid and acknowledged the same. Given under my hand this /, day of �, 19z_� My commission expires My coTr.:ion c•p�c•� Ju!y 1, 1974. I Notary Public ViRGM A FREDERICK COUNTY, SCT. This instrument of writing was produced to me on t:,o day of11�)� '_ , at and with certificate, Of acknowLdgrnaat therato anna•cad was admitted to record. Tax imp,sad oy Soc. S 00 and 53-54 have been paid, if a,sa::s,;bio. 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 C)- Iron Pin Found BELLWORT TRAIL(60' RNU) 1 B.R.L.. v of z v W. �I N C> N o Lot 61 r- _ o 0 0.459 ac�eZCD20000.0 rn Prop. o_ Hse. 34.00' 32. ' _ N 0 Prop. 100.00' Well —IMI S 52050'56" W s: (Lot \,40� (,Lot \i \� 62 C as a�so fsh �00/ e� OP G� (,Lot 39 PROPOSED HOUSE LOCATION SURVEY PLAT Property of "LOUIE R. WEAVER & HELENA V. WEAVER" "SHAWNEE-LAND" Subdivision, Section 32, Block 1, Lot 61 Deed Book 422, Page 574 Tax Map#69A (1) (32) 61 Tx. Back Creek Magisterial District 0 Frederick County, Virginia Scale 1 "=50' Date: July 27, 2007 / 2 0.459 Acres or 20,000 Sq. Ft. O AR J. D D N, JR. y Prepared By: N .23 Dodson Surveying, Inc. P.O. Box 672 Luray, VA. 22835 �o Phone:(540)843-0608 D sUR J e; 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. w 4 0 cD C� Us EEO LEGEND v- Iron Pin Found BELLWORT TRAIL(60' R/W) (,Lot,) ,,40/ i/Lot 62 �c si a�4 as a�so �Sh o` A. l eras s ------------- (,Lot �I � 39 PROPOSED HOUSE LOCATION SURVEY PLAT Property of "LOUIE R. WEAVER & HELENA V. WEAVER" "SHAWNEE-LAND" Subdivision, Section 32, Block 1, Lot 61 Deed Book 422, Page 574 Tax Map#69A (1) (32) 61 p1 Back Creek Magisterial District Virginia p rp Frederick County, Scale 1 "=50' Date: July 27, 2007 0.459 Acres or 20,000 Sq. Ft. O A .'D NJR. y Prepared By: No. 344 Dodson Surveying, Inc. P.O. Box 672 Lura Phone:(540)843-0 08 suRVV"�o 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 corners. E �J PROPOSED HOUSE LOCATION SURVEY PLAT Property of "LOUIE R. WEAVER & HELENA V. WEAVER" "SHAWN EE-LAN D" Subdivision, Section 32, Block 1, Lot 61 Deed Book 422, Page 574 Tax Map#69A (1) (32) 61 Back Creek Magisterial District Frederick County, Virginia Scale 1 "=50' Date: July 27, 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:dodsonsurvevCD-vahoo.com LEGEND U- Iron Pin Found BELLWORT TRAIL(60' FM) ti r1130rn1r1a• G a 5.1 v 100.00' 0 60'. B.R,L.. C?i W 113 roCD o Lot 61 _ o 0 0.459 acre CD20000.00 - s�q 34.00' rn Prop. o Hse. 34.00' 32.00' 50' B.R.L. N o Prop. Well •6j. 100.00' n —Off Ic&n %Af (,Lot �I \� 62 c S aeso t off, 6'�dp S �-- —— ----- J UL JV AV VV v I I I I (Lot\( I \40, I — I I I I I (,Lot \i 39 R- Lf 0 ARCH J. 0N, JR. y No. 344 '4 -41 0 RV 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. E PROPOSED HOUSE LOCATION SURVEY PLAT Property of "LOUIE R. WEAVER & HELENA V. WEAVER" "SHAWNEE-LAND" Subdivision, Section 32, Block 1, Lot 61 Deed Book 422, Page 574 Tax Map#69A (1) (32) 61 Back Creek Magisterial District Frederick County, Virginia Scale 1 "=50' Date: July 27, 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 BELLWORT TRAIL(60' RMI) N 52°50'56" 80'� 5.1 100.00, B.R,L.. ti PTO60'. — o; co 113 o Lot 61 o 0 0.459 acre S 20000.00:q 34.00' rn Prop. o_ Hse. 34.00' 32.00' 50' B.R.L. g Prop. Well •�. 100.00' � n rnorn'r-�" 1e1 .. n J ac au av vv I�Lot ,,40/ (,Lot \I 62 c as aeso t �04/, A. r� Oil /;� pS --——--—— — — — — — - (Lot \� 39 C r .0� / '2 ,RC I J. DOD J . y No. 34 Z' L r 0 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. z o N 0 0 C° o o . E _J PROPOSED HOUSE LOCATION SURVEY PLAT Property of "LOUIE R. WEAVER & HELENA V. WEAVER" "SHAWNEE-LAND" Subdivision, Section 32, Block 1, Lot 61 Deed Book 422, Page 574 Tax Map#69A (1) (32) 61 Back Creek Magisterial District Frederick County, Virginia Scale 1 "=50' Date: July 27, 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:dodsonsurveyp_yahoo.com LEGEND - Iron Pin Found BELLWORT TRAIL(60' F;M) B.R,L.. 0 93 \I •-o� I'Lot N� �62� CD Lot 61 �I 0.459 acress — S 20000.00 s'q 34.00 Prop. , I o_ Hw. XW 32. ' 50 B.R.L. c sa CAas Aso fsh �0 A. 0 Well�$ `�1jap S 100.00' S 52°50'56" W s. I I I'Lot \I �40� — I I I _ I I'Lot \I I �39� I — I I I I IE'J. VKON, J . y No.2 44 z 017 ZL D SURV MAIM ... IM4\■ .�Te..n.'I► u• .I.C.f RI., V1241111A r5364 YOJ;JEC , INCORPORATED TO .. D , �, LOUIE R. ET UX '� 1 ;OOK 422 wl 574 1 THIS DEED, made and - dated this �day of i 1973, 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 Louie R. Weaver and Helena V. Weaver , his wife, hereinafter called i the Grantees. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations, i 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 61 Plat* 6 Section 32 described and set forth in that certain deed of dedication of Marjec, Inc. dated the 28 day of July ,19719 and of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 380 Page 269 . 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) 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 57 11 ,ROOK 422 ir.c.E 575 The Grantor covenants that it has the right to convey the within described property; that the Granteos 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 itsi behalf by Donald R. Lamborne, its President and duly'authorized agent, and its corporate seal to be affixed and attested by its Assistant Secretary i the first date i hereinabove written. ^' , � MAR C, INCORPORATED 1 a► ` B i r� y >' Donald R. Lamborne President to e r- ' i ^ l orp-3afe Seal) Attest By: STATE OF MARYLAND COUNTY OF MONTGOMERY, To -wit: I a Notary Public in • ,,"-aftd for the Count and State aforesaid do certifythat Donald R. Lamborne, and -.�• ;°r President and ' ssistanSecretary t ry �• N �«������ , , ••• PUBL .respectively of Marjec,• Incorporated, whose names are signed to ,�'.•r�Y� .the foregoing writing, bearing date the �_ day of MASSIE AND SHARP .rlo.Mcn ., \.• •INCM[Nt.. VIRGINIA I 19_;�, have personally appeared before me in my County and State aforesaid and acknowledged the same. Given under my hand this _� day of 19 My commission/expires My/co-,Ir„`•.ion c,ve, July 1, 1974. i Notary Public JVLRGLN A FiiEDERICX COUNTY, SCT. This instrument of writing was produced to me oa day of� e« ..•_ l a A �.o 19_23_., at 3' S X , and with certificate of acknowl.adg;nartt tharato anra'cad was admitted to record. Tax Imiaosed vy Soc. 53. J4.1 of �... 00 and 53-54 have been paid, if a.,�a:s•:aio. . • S EP 1 3 2007 J 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. Candice Angie Mark Dana Eric Mike John auren COMMENTS: INITIALS DATE & TIME Received by Clerical Staff (Date & Time): �9 li -Z)0-7 U:\Pam\Common\Document Approval Form.wpd 4r `f 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 #21-07 OF HELENA WEAVER 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 921-07 of Helena Weaver, submitted by Bobcat Builders, LLC, for a 16 foot side yard variance on the left side and a 26 foot side yard variance on the right side resulting in a side yard setback of 34 feet on both sides. This property is located in the Shawneeland Subdivision, Section 32, Lot 61, and is identified by Property Identification Number 69A-1-32-61 at the intersection of Bellwort and Cat Brier Trails, 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. Si cerely, Lauren E. Krempa Planner I LEK/bad 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 ! This is to certify hat the attached correspondence was mailed to the following on ,6 oZ from the Department of Planning and Development, Frederick County, Virginia: - 69A - 1.32. 61- WEAVER, HELENA V CIO GERALDINE BUHL 9649 S CONGRESS ST NEW MARKET, VA 22844.9609 69A - 1.32. 39- ENGLISH, DAVID M & JUDITH A 288 DROVER LN MIDDLETOWN, VA 22645.2039 69A -1.32. 89- TRUSTEES OF KEYSTONE BAPTIST CHURCH 15 KEYSTONE LN BERRYVILLE, VA 22611-3228 69A - 1-32. 60- HOTT, DAVID CARSON 34176 CHARLES TOWN PIKE PURCELLVILLE, VA 20132.1819 69A - 1.32. 41- MARCUS, STUART J. & CAROL Y. 5408 PARKVALE TER I ROCKVILLE, MD. 20853.2532 Frederick County Planning STATE OF VIRGINIA COUNTY OF FREDERICK I,d . a Notary Public in and for the State and County r aforesaid, do h by certify that Lauren . Krempa, Planner I, for the Depar en of Planning and Development, whose name is signed to the foregoing, dated l o , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of &,Z 007 My commission expires on *°� EIIINGER NOTARY ID # 331375 NOTARY PUBLIC COMMONWEALTH. OF VIRGINIA ycv COMMISSION EXPIRES JULY 31,201 NOTARY PUBLIC [f- -L-�-'AJ'n *al-tq tvto vf--e- I tfu -4 (0g4'1—�--,,-6/ 13. Additional comments, if any: TO: BARBARA- DATA PROCESSING FROM:BEV - Planning Dept. Please print sets of labels by 2 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►/11►Ti" Sh J Address L43 �rG v e r Ln vi V A 1-2(a�`� Property ID # _ I - 2 - -S9 �Address Dro�E�- L��. 4 a 22-Qy5 Property ID ���� ►1 I i sh Address 2o `d rOv�r Ln Property ID# _ _ 3 2— 6 2 Address Property ID # Address Property ID # qA- Address Property ID # Address Property ID # Address Property ID # L� 1-4 Z&o -u Page 7 of 9 U j'1-�2 l�-K1 i✓�. �� «'� T BARBARA-DATA PROCESSING JROM: BEV - Planning Dept. Please print sets of labels by lth'7 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: PLYTIVI-1-5 Address 2c9`6 Drover Lh Property IIID # - I -. _. :2.:' 7J 1 �Address Sit � � � 'Qro JQr Lht3i�-,- V A 22(,4S Property ID # �q A - - 3'Z - D Address �'� by _0\rtiLh . Property ED#' _ _. 3 2_— 6 2 Address Property ID # Address Property ID # % - Address Property ID zil r�- Address Property ID Address Property ID # Page 7 of 9, $ . ' � r.-st - .20;L6 (A-C lX_ -> 'I k-'Cl V