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Home My WebLink About12-06 Clifford Staton Lot 36 40' Side & 20' Front (Funkhouser Lots) - Opequon - BackfileBOARD OF ZONING APPEALS Variance Request Tracking Sheet Date: File opened /�Z/o Reference Manual updated/number assigned IL2, OG D-base updated .tea b @ne-B-&W location map requested from GIS Two sets of labels requested from Data Processing 5 File given to Renee' to update Application Action Summary MEETING DATE: FINAL ACTION:L�� xe CLOSE OUT FILE: E Approval (or denial) letter mailed to applicant/copy made for file (� File stamped "approved", "denied" or "withdrawn" Reference Manual updated p6 D-base updated `Ol File given to Renee' for final update to Application Action Summary Z��' �U:\Bev\ommor\TrackingsheetMZATracking.bza Revised 05/25/01 TE RECEIVED FROM ADDRESS FOR M ACCOUNT HOW PAID AMT. OF CASH ACCOUNT I AMT. PAID CHECK BADUECE I ER on NO. G_ 0 GU tV� DOLLARS $' (� �N -2 6A (-3 to BY ILECloy 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: June 26, 2006 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 #12-06 for (Funkhouser lots) Clifford G. Staton. 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: RSA/pd Artz & Associates 16 E. Piccadilly St. Winchester, VA 22601 r 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 IS e"Vs 4a 4� S � P� l�o J�5 •oo �� '�at�h 0 a� Qea� •' •r ,JINO&aa. r • d E0`ate T A X R E C E I P T r G1gC aye 7bERICK COUNTY ,(e,s ell WILLIAM ORNDOFF, JR oafe ��ara�eS /. 0 . BOX 225 fWINCHESTER VA 22604-0225 �e5s Ticket #:00005390001 Date 5/23/2006 Register: BCC/BC Trans. #: 57464 Dept # 1095 Acct# SIGN DEPOSITS PLANNING Previous Balance $ 150.00 Principal Being Paid $ 150.00 Penalty $ .00 Interest $ .00 t Amount Paid $ 150.00 f� *Balance Due $ .00 Cash 15.00 Pd by PLANNING Check 3145.00 # VARIOUS BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 5/2006 4-4 0 N RECEIVED FROM c C R0 �? ADDRESS ._. " O LLQ O �r N FOR _J oQ � U v v? rill' I I Ln 7. �" U u +cd O `� T. r)an" DATE S z 0l No. 2853 &)ajcLe.;z& �a- lte-w r ^u'V �lyl �,,--O LLARS S 5DI �'-r A (. (3(o soa I t I rn I I, Ct ACCOUNTPAID AMT. OF ACCOUNT I CASH I AMT. PAID '� CK BALANCE I EY EDRDER OLJE -- Vo— BY �� • Cp k PIRICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 June 23, 2006 Michael M. Artz 16 E. Piccadilly St. Winchester, VA 22601 RE: VARIANCE REQUEST # 12-06 FOR FUNKHOUSER LOTS, LOT 36 Dear Mike: This letter is to confirm that the above -referenced application was approved by the Board of Zoning Appeals at their meeting on June 20, 2006. The request on parcel bearing Property Identification Number 76A-1-36 was for a 40' side yard variance on both sides and a 20' front yard variance fronting Callaway Court. However, the Board of Zoning Appeals voted to allow you a 35' variance on both sides and a 20' front yard variance fronting Callaway Court. The property is located at 111 Callaway Court, in the Shawnee Magisterial District. If you have any questions regarding this action, please feel free to call this office. Sincerely, - Mark R. Cheran Zoning and Subdivision Administrator MRC/bad cc: Clifford Staton, 509 E. Main St., Berryville, VA 22611 Jane Anderson, Real Estate John Trenary, Inspections 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 0 VARIANCE APPLICATION 912-06 FUNKHOUSER LOTS, LOT 36 Staff Report for the Board of Zoning Appeals Prepared: June 7, 2006 Staff Contact: Kevin T. Henry, Planning Technician 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: June 20, 2006 - Pending LOCATION: 111 Callaway Court MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER(S): 76A-1-36 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: Residential West: RP (Residential Performance) Use: Residential VARIANCE REQUESTED: A 40' side yard variance on both sides and a 20' front yard variance fronting Callaway Court REASON FOR VARIANCE: The lot predates the current zoning ordinance with regards to RA setbacks. Variance Request #12-06, Funkhouser Lots, Lot 36 June, 2006 Page 2 STAFF COMMENTS: This property was created in 1946. Frederick County adopted performance zoning in 1967. The Frederick County historical zoning map shows this property was zoned A-2 (Agricultural General) in1967. The property setback lines at the adoption of the zoning ordinance were 35' for both fronts and 15' sides. Frederick County amended its Ordinance in 1989 to change the rural zoning districts to the current RA (Rural Areas) Zoning District, making the current setbacks for the property 60' front, 60'rear and 50' sides. STAFF CONCLUSIONS FOR THE JUNE 20, 2006 MEETING: The Code of Virginia, Section 15.2-2309(2), states that no variance shall be authorized by the Board unless it finds that a) strict application of the Ordinance would produce an undue hardship; b) that such hardship is not shared generally by other properties in the same zoning district and the same vicinity; and, c) that the authorization of such variance will not be of substantial detriment to adjacent property, and that the character of the district will not be changed by the granting of the variance. The applicant is seeking a variance of 40' on both side yards and a 20' front yard variance to build a two-story residential structure of approximately 1,568 square feet in size. The Callaway Court front variance is being requested so as to save a large white oak tree. Should this variance be granted, the building setbacks for this property would be: 40' in the front, 60' in the back, and 10' on the sides. It is important to note that with the given setbacks the dwelling will fit the appearance of the neighborhood. 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. 768 2 3 220A 768 23212 CANTER ESTATES HOMEOWNERS ASSOC INC BENOIT, DAVID P 8 ROXANNE C Canter Estates --Canter Estates —__ Clydesdale Dr 76B 13151A CANTER ESTATES HOMEOWNERS ASSOC INC 76B 13236 HAPPEL, KENNETH 0 JR 768 13238 SOMMER, PHILIP W 76B 13237 DOTSON, CHARLES A 8 LOUANN IVA••wrm wnnrogae.s IV �•r+n^_1� 76A 1 40 KETTERMAN, CHARLES D JR 76A 1 39 KETTERMAN, CHARLES D JR 76A 1 38 KETTERMAN, CHARLES D JR 76A 1 37 STATON, CLIFFORD EUGENE 76A 1 36 STATON, CLIFFORD EUGENE 76A 1 35 STATON, CLIFFORD EUGENE 76A 1 34 GUFFEE, KERI B 76A 1 32 WCHAEL, JASON 76A 1 31 PITCOCK PARTNERS, LLC 76A 1 30 PITCOCK PARTNERS, LLC Lot 36 Fredenck County Dept of Planning 8 Development Variance # 12 - 06 w 1M107 NKenl St nchester, VA 22801 s—.CO.FREDERICK.VA.US ( 76A - 1 - 36 ) 76B 2 3 220A 768 23212 CANTER ESTATES HOMEOWNERS ASSOC INC BENOIT, OAVAD P 8 ROXANNE C Canter Estates 111 Estates _C1Ydesdale-Dr--____ - r� 76B 1 3151A CANTER ESTATES HOMEOWNERS ASSOC INC 76B 13236 HAPPEL, KENNETH 0 JR 768 13238 SOMMER PHILIP W 76B 13237 DOTSON, CHARLES A 8 LOUANN 76A 1 40 KETTERMAN, CHARLES D JR 76A 1 39 KETTERMAN, CHARLES D JR 76A 1 38 KETTERMAN, CHARLES D JR 76A 1 37 STATON, CLIFFORD EUGENE 76A 1 36 STATON, CLIFFORD EUGENE 76A 1 35 STATON, CLIFFORD EUGENE 71A 1 36 GUFFEE, Ill B 76A 1 32 MICHAEL, JASON 76A 1 31 PITCOCK PARTNERS, LLC 76A 1 30 p1TCOCK PARTNERS, LLC A /y em.ry awa, w.. cm we. #4VP , � 1-1—n..d�w, o„�.,� �M�+�nwai. w.w�mm.ryh a.mm ems �M.e�w�sw,w od.d� Lot 36 w e County Deeept m Planning Planning BD7 Variance # 12 - 06 NKan St 107 A226St N.FRED lRICKV2601 �eM �nnrv..uw..vw wua; was �a.s„w a.o..w�cammW.n am,m S www.CO.FREDERCK.VA.US •�MEe��V �M+n,..,.,,.. �'' ar v.,wm.,�w o.mel ( 76A - 1 - 36) weo..,m cn.,e.x.i z �.`- Clydc��dak llr Serve• �� r...na�. /�rm.rvawe. cv�.a. N S.�ve,� canoam.� none F A 1 ]4 Gun""FEE, KEWIB 1 i T �. �•-r r t 30 e JFRs.LLC 'J E Lot 36 N Fredenck County Dept of Planning 8 Development Variance # 12 - 06 w e 1 r,VA22l01 VNnchester, VA 2280 t s w .CO.FREDERICK.VA.US ( 76A - 1 - 36) - APPLICATION FOR VARIANCE MAY IN THE COUNTY OF FREDERICK, VIRGINIA -OFFICE USE ONLY - Variance Application No. /a Submittal Deadline: 116 Submittal Date: Ti0 6 For the meeting of G 2. a a G Fee Paid: initials: Sign Deposit MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner other ✓ .(Check one) 2. APPLICANT: OCCUPANT: (if different) NAME: Michael M. Artz NAME: ADDRESS: 16 E Piccadilly St. ADDRESS: Winchester, VA 22601 TELEPHONE: 540-667-3233 TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): I I I Callaway Ct. Stephen's City Funkhouser Lot 35 (Canter Estates) Front Ro, al Pike, VA State Rte. 522) 4. The property has a road frontage of 50' feet and a depth of 160' feet and consists of 0.1838 acres and 8,006 sq. ft (please be exact). 5. The property is owned by Gene Eugene Staton as evidenced by deed from Clifford Eugene Staton; Hazel Inez Staton recorded(previous owner) in deed book no. 449 on page 378 of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: Opequon 7. Property Identification No.: 76A-1-36 8. The existing zoning of the property is: wr fQ 9. The existing use of the property is: Vacant 10. Adjoining Property: USE ZONING North Residential RP East Rt.522 South Residential RP West Callaway Ct. 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.") 40' Side Yard Variance — Both Sides 20' Front Yard Variance Along_Callaway Court 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 have received similar variance immediately adjacent thereto 13. Additional comments, if any: Reason for Callaway Court Variance is to position the dwelling such that a large white oak tree can be saved 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 Sommer, Philip W. Address: 114 Callaway Ct.; Stephen's City, VA 22655 Property ID# 7613-1-3-238 Staton, Clifford Eugene Address:509 E. Main St.; Berryville Va 22611 Property ID# 76A-1-37 Dotson, Charles A Address:316 Clydsdale Dr.; Stephen's City, VA 22655 Property ID# 7613-1-3-237 Happel, Kenneth O. Jr. Address: 341 Clydsdale Dr.; Stephen's City VA 22655 Property ID#7613-1-3-236 Staton, Clifford Eugene Address: 509 E. Main St.; Berryville Va 22611 Property ID#76A-1-35 Address: Property ID# .Address: Property ID# Address: Property IDW 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. • NOTES: 1. BOUNDARY SHOWN HEREON WAS DETERMINED BY A FIELD RUN SURVEY PERFORMED BY ARTZ & ASSOCIATES ON MAY 18, 2006. 2. THIS PLAT IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 3. NO TITLE REPORT FURNISHED. CALLAWAY COURT PROPOS LOT FUNKNa OPEQUON I SCALE:1" = ZU, DA I t: MAY IV, LUUb PRESENT OWNER; GENE STATON TM #76A-1-36 b8 449 PG 378 PROJECT #21747 AGREEMENT VARIANCE # IQ - 0(, Number to be assigned by the Planning Dept.) I (we), the undersigned, do hereby respectfully make application, and petition the Frederick County Board of Zoning Appeals (BZA) to grant a variance to the terms of the Frederick County Zoning Ordinance as described herein. I agree to comply with any conditions for the variance required by the BZA. I authorize the members of the BZA and Frederick County officials to go upon the property for site inspection purposes. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) dasprior to the BZA public hearing and maintained so as to be visible from the road or right-of-way until the hearing. I hereby certify that all of the statements and information contained herein are, to the best of my knowledge, true. SI TUB E OF P ICANT II DATE SIGNATqa OF OWNER DATE t 01 D6 (If other than applicant) -OFFICE U70g� ONLY- BZA PUBLIC HEARING OF -z O ACTION: APPROVAL SIGN B A CHAIRMAN DENIAL DATE: Icial Limited Power of Attorn County of Frederick, Virginia Planning Office, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All I1,e`n B These Presents: That I (We) (Name) l irn� <-S /&7, /-6-�, (Phone) (Address) 50 6 , 1414 V _F"Y_ 6A the owner(s) of all those tracts or parcels of land ("Pro] in the Clerk's Office of the Circuit Court of the County of Frederick, Instrument No, on Page conveyed to me (us), by deed recorded Virginia, by and is described as Parcel: Lot: Block: Section: Subdivision: /'-e/ e-/C--, do hereby make constitute and appoint: (Name) (Phone) `, " 6 6 % "3 z 3 3 (Address) I; C t.-qd e%;,', l tje_s-ty& ie 17A-- 2 9 &.o To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: ✓ Rezoning (Including proffers) ✓ Conditional Use Permits ,(Master Development Plan (Preliminary and Final) ✓ Subdivision ✓ Site Plan My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shaVexpire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this JIT—day of , 200 , Signature(s)A 19 State of Virginia, City/C un of To -wit: I, JcSScx �_�)VJ a N `votary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who is (are) known to me, persona appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this � %ay of �kfj i,, , 200 �a . My Commission Expires: I NOTES: 1, BOUNDARY SHOWN HEREON WAS DETERMINED BY AFIELD RO SURVEY PERFORMED BY ARTZ & ASSOCIATES ON MAY 18. 2006. 2 THIS P-AT IS SUBJECT TO EASEMENTS AND RESTS CTIONS OF RECORD, 3 NO TITLE REPORT FURNISHED. LOT 35 10- U Alf, CAL!.AWAY COURT N 1 S'57' 15" W 90.01' 40' BRL �78' co PFOPOSED DWELLING 6 n 3o ti ti 28' I L 60' BRL 00 4 00 LOT 36 ^^D SF 5 13* 12''7" E 9C.00' FRONT ROYAL PIKE PROPOSED CONDITIQNS FOR SOT 36 FUNKHOUSER LOTS OPEQUON DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1" = 20' DATE: MAY 19, 2006 PRESENT OWNER; GENE STATON TM #76A-1-36 DB 449 PG U78 PRO,ECT #21747 rn LOT 37 AT OR;H _ �Nsr�,4o o °N p-T H OF MICHAEL M. ART v No. 1951 S�lh(- �qko sUR4;--4c W N s E REQUESTING AGENT: DEFT. OF GEOGRAPHIC ENFRY ATiON FREDERICK COUNTY, VIRGRU-A Deparlent, Agency, or Company:_ Ma ling and/or Billing Address: Telephone: E-mail Address: GIS, MAPPING, GRAPHICS WORK REQUEST DATE RECEIVED - __a d� ES'ImATED COST OF PROJECT: COMPLETION DATE: , FAX: (I DESCRIPTION OF REQUEST: (Write additional info q j Dn-o�.-ha�of re vest . -----. � IS— CDLze— S DIGITAL: SIZES: COLOR: PAPER: FAX: E-MAH.,= BLACKIWHITE: NUMBER OF COPIES: STAFF MEMBER: COMPLETION DATE: MATERIALS: DATE OF PICK-UF/DELNERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PA`tM : HOURS REQUIRED AMOUNT PAID:_ CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (54D)665-5651) f1790 r TO. DEED & ASSUMPTION CLIFFORD E- STATON * . bm 449 W.E 378 TH S DEED and DEED Of ASSUMPTION, made and dated this Ll_day Of 197S, by and between Clifford iugens taton and Hotel Ines Staton, his wife, parties of the first part hereinafter called the Grantors, and Clifford tugene Staton, party f the second part hereinafter called the Grantee. WITMSMI That for and in consideration of the •test i Ten Dollars 1:10.001 cash in hand paid and other valuable aaasiderations, rec+lpt of which is hereby acknowledged, the araetors do hereby grant. '6argain, sell and convoy, with general arranty of title, unto the Grantee, in fee simple, the following I of lamd located South of Winchester on the Mast •ids of oauLo S22 !a'Op"mm Magisterial District, P ederick County, ►ir+Siala, wwlts All that certain parcel of land, impr+awd by a dwelling h-veee, designated so Lots 13, 16 and 17 0% that certain plat of the Tunkhouser Lots reeorded in the Clerks Office of the Circuit Coast of rrederick County. Vitgiaia, in Deed look 194, at Page ZS1e and being the eaves realty that was cony■yet to the Grantors herein by deed frogs Alice p_ Curd aidel�kl• 22,Off11i1, and of record in the in Deed book ill. at ►age )9. The property herein conveyed, together with other der"# is subjeat to a deed of trust dated Movs"er S, 1971, /mefttsd by the Grantors to Ours p. Morrison, William A. Johnsta► aad M. K. Sewhas, III and silly J. Tisinger, Trustees, reoorded in the office of the Clerk of the Circuit Court of rradoriok Cotwty, Virginia, in Deed book )/), page 706, w141ch dead Of trust secures the psymat of a certain obligation in the principal aswunl of 0 li,l�„ , bearing even date therewithe payable to the Shensndoah Valley National bank, of Winchester, Virginia, at the rare of t 119,t7 ______per month, beginning the L _day of petriL _,_v, 117_1, anQ continuing on the some day of each C 449 FnE 379 *� month thereafter for a period of nine years. The Grantee heroin as evidenced by his joining in this instrumont and as part of the consideration for this conveyance, hereby agrees to assume the 5 payment and discharge of the aforementioned obligation, to assume all of the obligations sot forth in said dead of trust, and to saw the Grantors harmless by reason of the Grantee herein failina 1 rwr .r rim to discharge said indebtedness. The Grantors covenant that they have the right to oonvey the within described propertyl that the same is free from all liens end encusbrancoe except as herein stated, and that they rill forever warrant end defend the title thereto. a MITUM the following signatures and sealsi �f ford u-wr �� (S « Clifford on ,Aa141 Inez art&ton r a 9I&990ran. SUIUM s ter rn,�a:xt,► to -Witt ZA�y'�C r „�<r✓ , a Notary Public in and UM State and forsssid, do hereby certlty that Clifferi sae States and Naal 1naa Staton, whose naves 70 signed to the ogoing iaatrunsnt hearing date the It day of e &*Mvledg+sd the sa" before me in wy state and �. resald. Given under my hand this /I day of 117S. My o*smwisalon expires A dk— L41,i� s o cry n . a . 379 ,1 � BOOK 449 kE 380 STATE OF VIRGINIA y COONTy OF FREDERICK, to -wits a Notary Public in and for the State' nd County aforesaid, do her certify that Cliffor Eugene Staton, whose name is Signed to the foregoing instrument bearing date the // day of a 1975, has acknowledged the Sam before me in -my State.and County aforesaid. Given under my hand this day of , 1975. pry comgaission expires 8 ¢. Notary P c r i r- q3 f* JZ� `� l` .r 6 r yyR k o rows TN" l aouw►r. � 9 �� •��,, L �� w M +lm'l " r � MucM to NO onw _ �w Mr d �1 .. i_ +:r sow rum cavr� ofrcW+wt ^�•� wry» —.M -W"d r IIiM� V ALLIE BRILL FALTER BRILL State of Virginia (Sea) (Seal) Co,:nty of Shenandoah, to -wit: I, F. L. McWilliams, a notary public in and for the Count' of Shenandoah, in the State of Virginia, do hereby certify that Allie Brill and Walter i G Brill, her husband, whose names are signed to the foregoing writing bearing date of January 22, 1946, have personally appeared before me in my county aforesaid, and acknow- ledged the same. Given under my hand this 8 day of May, 1946. 1y Commission Expires September llth, 1948. F. L. Mcr*;ILLIAMS Notary is V IRGIN IA FREDERICK COUNTY, (SCT. This instrument of writing was produced to me on the 14th day of May 1946 at 1:00 P.M, and with certificate of acknowledgment thereto annexed was admitted to record. CLERK r #805 �F J. H. FUNKHOUSER ET UX x TO .. .. .. .. PLAT The attached plat represents a lot development known as the Funkhouser Lots, situated along the 'estern side of Virginia-U. S. Highway No. 522, otherwise known as the Front Royal Highway, about 52 miles Southeast of 1 inchester, in Opequon District, Frederick County, Virginia, and being a portion of that certain larger tract or parcel of land which was conveyed to J. H. Funkhouser by W. E. Edwards, Executor of the Estate of Annie S. Armel, Dec'd., and others, by deed dated September 6, 1945, and of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 1o. 193, page 272. Said plat correctly shows the dimensions and locations of the respective lots in said development, and is made with the full and free consent C. of the said J. H. Funkhouser and Katie/Funkhouser, his wife. or May, 1946. State of Virginia County of Frederick, to -wit: Witness the following signatures and seals this loth day J. H. FUNKHOUSER KATIE C. FUNKHOUSER (Seal) (Seal) I, Virginia Ritter, a notary public in and for the County of Frederick, in the State of Virginia, do hereby certify that J. H. Funkhouser and Katie Funkhouser, his wife, whose names are signed to the foregoing writing bearing 251 - --- - date of May loth, 1946, have personally appeared before me in my county aforesaid, aald acknowledged the same. I Given under my hand this loth day of Yay, 1946. Ly commission expires PSarch 24, 1948. I I VIRGIN IA RITTER 1 o ary is I PL.4 T LOTS GW 111, H;WW 1 Y FiPONTr�oy9G To J-Y1NCHESTfsf; YA. O��voyD,�sr��cr�iPfoE�rc�-C. vi1. T �s S�riv�v.ER S T.C. (, VIRGINIA FREDERICK COUNTY, (SCT. This instrument of writing was produced to me on the 14th da7T of A-lav 1946 at 3:00 P.V. and with nprtifinatP of nnknnv:lPrlcmPnt t'harat-n a„no,.A-� wac COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING June 6, 2006 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #12-06 FOR FUNKHOUSER LOTS, LOT 36 On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, June 20, 2006, 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 #12-06 for Funkhouser Lots, Lot 36, submitted by Artz and Associates, PLC, for a 40' side yard variance on both sides and a 20' front yard variance fronting Callaway Court. This property is located I I I Callaway Court, and is identified with Property Identification Number 76A-1-36 in the Shawnee 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, Kevin T. Henry Planning Technician KTH/bad 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: 76A -1- - 36- STATON, CLIFFORD EUGENE 509 E MAIN ST BERRYVILLE, VA 22611.1366 Artz & Associates., PL,C 16 E. Piccadilly St. Winchester, VA 22601 76B -1- 3.238- SOMMER, PHILIP W & LAKE, DAVID 114 CALLAWAY CT STEPHENS CITY, VA 22655 76B 1- 3.237- DOTSON, CHARLES A & LOUANN 112 CALLAWAY CT STEPHENS CITY, VA 22655 76-A--91- LAKE, JUANITA B ETALS TRUSTEES 2171 FRONT ROYAL PIKE WINCHESTER,VA 22602.4730 7 76B - 1- 3. 151-A CANTER ESTATES HOMEOWNERS ASSOC INC PO BOX 480 STEPHENS CITY, VA 22655.0480 Kevin T. Henry Tanning Technician Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I, L , a Notary Public in and for the State and County aforesaid, d ereby certify that in T. Henry, Planning Technician for the Department of Planning an Development, whose name is signed to the foregoing, dated has personally appeared before me and acknowledged the same in my State TrId C unty aforesaid. Given under my hand this _ My commission expires on 0 0 i 3T -> Nor '76 a- ( - 3- i;� o � 0-ccsk / O:BARBARA-DATA PROCESSING P /AJ �]� A � -� (. FROM: BEV - Planning Dept. / Please print a sets of bets by 14. The following names and addresses arE 5-/>Slo6 � 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 Sommer, Philip W. Address: 114 Callaway Ct.; Stephen's City, VA 22655 Property ID# 76B-1-3-238 j Staton, Clifford Eugene Address:509 E. Main St.; Berryville Va 22611 Property ID# 76A-1-37 Dotson, Charles A Address:316 Clydsdale Dr.; Stephen's City, VA 22655 Property ID# 76B-1-3-237 Happel, Kenneth O. Jr. Address: 341 Clydsdale Dr.; Stephen's City VA 22655 Property ID#76B-1-3-236 Staton, Clifford Eugene Address: 509 E. Main St.; Berryville Va 22611 Property ID#76A-1-35 Address: Property ID# -7 ,.• � Address: Property ID# 7w 6 —1 _. 3 — l S1 � Address: Property ID# 5-jw , J fo i 36 P!AJ r �.TO:BARBARA-DATA PROCESSING FROM:BEV - Planning Dept. of bels b 14. The following names and addresses arc Please print a sets �ElAL�1K5-�Y S/ss�ob individuals, firms, or corporations owning property --- adjacent to the property for which the variance is being sought, including properties at the sides, rear and (i(n., r' front of (across street from) the subject property. additional pages if necessary.) These . people will be notified by mail of this application: Name Sommer, Philip W. Address: 114 Callaway Ct.; Stephen's City, VA 22655 Property ID# 76B-1-3-238 Staton, Clifford Eugene Address:509 E. Main St.; Berryville Va 22611 Property ID#. 76A-1-37 Dotson, Charles A Address:316 Clydsdale Dr.; Stephen's City, VA 22655 Property ID# 76B=1-3-237 Happel, Kenneth O. Jr. Address: 341 Clydsdale Dr.; Stephen's City VA 22655 Property. ID#7613-1-3 -23 6 Staton, Clifford Eugene .Address: 509 E. Main St.; Berryville Va 22611 Property ID#76A-1-35 Address: Property ID# -� -� -/q l J 7 I Address: Property ID# .� _.._. ,.... Address: Property ID# `76 a c 3- 76 -14- MAY1g2006 Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIlVIE OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE COMMENTSAS TO WHAT YOU WOULD LIRE TO SAYE COMPLETED. INITIALS Candice Bernie (i��) Susan Eric Mike Kevin John COMMENTS: Received by Clerical Staff (Date &Time): DATE & TEgE