HomeMy WebLinkAbout01-12 Ellen L Spicer - Shawnee - BackfileBOARD OF ZONING APPEALS
Variance Request Tracking Sheet
OPEN FILE:
)j.)— File opened
L Reference Manual updated/number assigned
D-base updated
Location maps requested from Mapping
)16 Adjoiner list given to Planner
Application Action Summary updated
MEETING DATE: ai -
CLOSE FILE:
FINAL ACTION:
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t! Approval (or denial) letter mailed to applicant/copy made for file & cc's
J File stamped approved", "denied" or "withdrawn"
/Z/ A Reference Manual updated
D-base updated
Application Action Summary updated
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� PAINTER-LEWIS, P.L.C.
116 North Braddock Street
Winchester, Virginia 22601
Telephone (540)662-5792
PROJECT:
BZA EXHIBIT
TM 64-A-57
SPICER PROPERTY
SHAWNEE DISTRICT
SURVEY: C.i.:
RECORD NA
DRAWN 8Y: JOB P-L 1202007007
SCALE: DATE:
1"=40' 2/15/12
CONSULTING Facsimile (540)662-5793
FREDERICK COUNTY, VIRGINIA
SHEET:
ENGINEERS Email office@pointerlewis.com
BZA
A
0
COUN ofo ERICK
Department of Planning and Development
540/ 665-5651
FAX: 540/ 665-6395
CERTIFIED MAIL
August 29, 2012
Ellen L. Spicer
298 Bufflick Road
Winchester, VA 22602
RE: 300 Bufflick Road
Dear Ms. Spicer:
Please disregard the letter sent to you dated August 24, 2012 which stated "at a minimum of 50 feet from
the edge of the pavement'; it should have stated "at a minimum of 50 feet from the front property line".
The measurement will need to be taken to the front property line.
On March 21, 2012, Variance Request #01-12 was approved by Board of Zoning Appeals (BZA) to allow a 10
foot front yard variance, resulting in a 50 foot front yard setback and a 32 foot variance on both sides, resulting
in 18 foot side yards setback. The building permit that was approved by the Zoning Administrator on March
23, 2012 annotates minimum setbacks for the dwelling would be 50 feet for the front, 50 feet for the rear, and
18 feet for the sides, and that setback surveys would be required. According to the setback report received by
this Department, the setbacks from the front property line are 33.97 feet and 16.77 feet from the right property
line. These setbacks are not what were approved at the BZA. Therefore, the property is in setback violation of
the setbacks approved by the Board of Zoning Appeals. Resolution to this zoning violation is to move the
dwelling to the correct location, specifically where the BZA approved Variance Request #01-12, at a
minimum of 50 feet from the front property line and a minimum of 18 feet from side lot lines.
In accordance with section 165-201.02(H)(3)(4) Information verifying the footing location stakeout shall
be provided on the appropriate buildingpermit setback report prior to the approval of the footing for the
primary or accessory structure. The surveyor ofrecord shall complete the required information on the
buildingpermit setback report and affix his or her professional seal containing the appropriate signature
and date. The building permit setback report containing the required footing location stakeout surveyor
information shall be posted on the construction site with the building permit hard card at the time of the
footing inspection.
A midconstruction survey shall be prepared by the surveyor ofrecord once the rough framing ofthe primary
or accessory structure is in place. Rough framing shall include the foundation, all exterior walls and the roof
system. The surveyor ofrecord shall complete the required information on the buildingpermit setback report
and affix his or her professional seal containing the appropriate signature and date. The building permit
setback report containing the required midconstruction surveyor information shall be provided to the
Department of Engineering and Inspections prior to the issuance of a certificate ofoccupancy permit by the
Building Official.
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
} Page 2
Ms. Ellen L. Spicer
Re: 300 Bufflick Road
August 29, 2012
This office will allow thirty (30) days from receiptthis
couldlet
result in a criminal violation.
omplaint being filed against
the Zoning Ordinance within that designated period
YOU,
in
You may have the right to appeal the above notice Virginia. inia violation This decision O all be final and unappealablee if it
accordance with Section 15.2-2311 of the Code of g
is not appealed within 30 days. Should you choose to appeal, the appeal must be filed with the Zoning
Administrator and the Board of Zoning Appeals (BZA) in accordance with Article X, Section 165-1001.02(1),
of the Frederick County Zoning Ordinance. This provision requires the submission of an application form, a
written statement setting forth the decision being appealed, the date of decision, the grounds for the appeal,
how the appellant is an aggrieved party, any other information you may want to submit, and a $300.00 filing
fee ($250.00 filing fee and $50.00 refundable sign deposit). Once the appeal application is accepted, it will be
scheduled for public hearing and decision before the BZA.
Please do not hesitate to contact me with any questions you may have at (540) 665-5651.
DMJ/dlw
cc: John Trenary, Building Official
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SHAWNEE DISTRICT
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SCALE:1 "=30' JULY 3, 2012
PAINTER-LEWIS, P.L.C.
116 NORTH BRADDOCK STREET
WINCHESTER, VIRGINIA 22601
540-662-5792
\\SERVER\Data\_Survey\1202007-Spicer-298 Bufflick Rd\Leda Miller Subd-Block 1-Lot 11.dwg
COPY
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
CERTIFIED MAIL
August 24, 2012
Ellen L. Spicer
298 Bufflick Road
Winchester, VA 22602
RE: 300 Bufflick Road
Dear Ms. Spicer:
On March 21, 2012, Variance Request #01-12 was approved by Board of Zoning Appeals (BZA) to allow a 10
foot front yard variance, resulting in a 50 foot front yard setback and a 32 foot variance on both sides, resulting
in 18 foot side yards setback. The building permit that was approved by the Zoning Administrator on March
23, 2012 annotates minimum setbacks for the dwelling would be 50 feet for the front, 50 feet for the rear, and
18 feet for the sides, and that setback surveys would be required. According to the setback report received by
this Department, the setbacks from the front property line are 33.97 feet and 16.77 feet from the right property
line. These setbacks are not what were approved at the BZA. Therefore, the property is in setback violation of
the setbacks approved by the Board of Zoning Appeals. Resolution to this zoning violation is to move the
dwelling to the correct location, specifically where the BZA approved Variance Request #01-12, at a minimum
of 50 feet from the edge of the pavement and a minimum of 18 feet from side lot lines.
In accordance with section 165-201.02(H)(3)(4) Information verifying the footing location stakeout shall
be provided on the appropriate building permit setback report prior to the approval of the footing for the
primary or accessory structure. The surveyor of record shall complete the required information on the
building permit setback report and affix his or her professional seal containing the appropriate signature
and date. The building permit setback report containing the required footing location stakeout surveyor
information shall be posted on the construction site with the building permit hard card at the time of the
footing inspection.
A midconstruction survey shall be prepared by the surveyor of record once the rough framing of the primary
or accessory structure is in place. Rough framing shall include the foundation, all exterior walls and the roof
system. The surveyor ofrecord shall complete the required information on the buildingpermit setback report
and affix his or her professional seal containing the appropriate signature and date. The building permit
setback report containing the required midconstruction surveyor information shall be provided to the
Department of Engineering and Inspections prior to the issuance of a certificate of occupancy permit by the
Building Official.
107 North Kent Street Suit 202
e.ter, Virginia .., ._ ..
• inches 22
qW
i
Page 2
Ms. Ellen L. Spicer
Re: 300 Bufflick Road
August 24, 2012
This office will allow thirty (30) days from receipt of this letter to resolve this violation. Failure to comply with
the Zoning Ordinance within that designated period could result in a criminal complaint being filed against
you.
You may have the right to appeal the above notice of violation within 30 days of the date of this letter in
accordance with Section 15.2-2311 of the Code of Virginia. This decision shall be final and unappealable, if it
is not appealed within 30 days. Should you choose to appeal, the appeal must be filed with the Zoning
Administrator and the Board of Zoning Appeals (BZA) in accordance with Article X, Section 165-1001.02(1),
of the Frederick County Zoning Ordinance. This provision requires the submission of an application form, a
written statement setting forth the decision being appealed, the date of decision, the grounds for the appeal,
how the appellant is an aggrieved party, any other information you may want to submit, and a $300.00 filing
fee ($250.00 filing fee and $50.00 refundable sign deposit). Once the appeal application is accepted, it will be
scheduled for public hearing and decision before the BZA.
not hesitate to contact me with any questions you may have at (540) 665-5651.
K
,
Johnston,
dministrat
DMJ/dlw
cc: John Trenary, Building Official
,4
N of !!ERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
March 21, 2012
Mr. John Lewis
Painter -Lewis, P.L.C.
116 N. Braddock St.
Winchester, VA 22601
RE: VARIANCE REQUEST #01-12
Dear John:
This letter is to confirm that the above -referenced variance application was approved by the
Board of Zoning Appeals at their meeting on March 20, 2012. The request on parcel identified
by Property Identification Number 64-A-57 was approved by the BZA to allow a 10 foot front
yard variance, resulting in a 50 foot front yard setback and a 32 foot variance on both sides,
resulting in an 18 foot side yards setback. The property is located on the south side of Bufflick
Road, Lot 57, 2,200 feet east of Route 522, in the Shawnee Magisterial District.
If you have any questions regarding this action, please feel free to call this office.
Sincerely,
/ a R. CTieran
Zoning Administrator
MRC/bad
cc: Ellen L. Spicer, 298 Bufflick Rd., Winchester, VA 22602
Gene Fisher, Shawnee Magisterial District Supervisor
Lawrence Ambrogi and H. Paige Manuel, Shawnee Magisterial District Commissioners
Jane Anderson, Real Estate
Commissioner of Revenue
John Trenary, Building Official
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
,....:::... -4-
P �
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: March 23, 2012
The amount of $50.00 was deposited in line item 43-010-019110-0008 for Ms. Ellen Spicer. Ms.
Cook had a deposit for one sign for Ellen Spicer Variance Permit #01-12. Ms. Cook 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
Thelma Cook
298 Bufflick Road
Winchester, VA 22602
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
i
ation.
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Ti ket 0:0000664000
Date : 2/16/2012
R E C E I P T JMH/JMHA
T A Register: 1-7916
FREDERICK COUNTY`.: Trans. #' 1095
C. WILLIAM ORNDOtE, JR Dept #
P.O. BOX 225 Acct#
WINCHESTERp,ti22604-0225 Previous
50.00
Balance $
SIGN DEPOSITS PLANNING 50.00
Principal Being Paid $ 00
€ Penalty $ •00
Interest .$
' S0.00
Amount Paid S
PLANNING =. •00
*Balance Due
r. i
` Check 3950.00 # VARIOUS
Pd by PLANNING -I ST THRU THE
BALANCE DUE INCLUDES PENALTY/INTEREMONTH 2/20`12
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BALANCE DUE INCLIDES PENALTY/INTEREST THRU THE MONTH 2/2012
VARIANCE APPLICATION #01-12
ELLEN L. SPICER
Staff Report for the Board of Zoning Appeals
Prepared: February 28, 2012
Staff Contact: Dana M. Johnston, Zoning Inspector
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:
March 20, 2012 — Pending
LOCATION: South side of Bufflick. Road, Lot 57, 2,200 feet east of Route 522
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 64-A-57
PROPERTY ZONING & USE: Zoned: RA (Rural Areas)
Land Use: Vacant
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas)
Use: Residential
South: B2 (General Business)
Use: Commercial
East: RA (Rural Areas)
Use: Residential
West: RA (Rural Areas)
Use: Residential
VARIANCE REQUESTED:
The applicant is requesting a 10 foot front yard variance, resulting in a 50 foot front yard setback,
and a 32 foot variance on both sides, resulting in an 18 foot side yards setback, for a single family
dwelling.
REASON FOR VARIANCE:
With current setbacks, and how narrow the property is, there is no buildable area to construct a
dwelling.
Variance Application #02-12 — Ellen L. Spicer
February 28, 2012
Page 2
STAFF COMMENTS:
This property was created March 12t", 1955. 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 front
and 15 feet for the side yards. Frederick County amended its Ordinance in 1989 to change the A-2
zoning district 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 this property 60 feet to the front; 50 feet to the rear, and 50 feet to both sides.
This property is within the SWSA area, and the applicant has opted to tap into the existing water and
sewer lines that run along Bufflick Road. It would be up to the applicant to coordinate with the
Sanitation Authority for this future hookup.
Based on the limited size and the setbacks associated with the RA zoning district, staff believes that
this request is consistent with adjoining properties as the dwellings are approximately 50 feet from
the road and approximately 17 feet from side property lines. The applicant is requesting a 10 foot
front yard variance and a 32 foot variance on both left and right sides. This variance, if granted,
would result in a 50 foot front yard setback and an 18 foot side yards setback.
STAFF CONCLUSIONS FOR THE MARCH 20, 2012 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 this variance in order to construct a single-family dwelling. Therefore, this
application for a variance meets the requirements as set forth by The Code of Virginia 1950 as
amended 15.2-2309(2), and Section 165-1001.02 (C) of the Frederick County Zoning Ordinance.
The strict application of the Frederick County Zoning Ordinance does produce an undue hardship as
required by the Code of Virginia. Should this variance be granted, the building setbacks for this
property would be 50 feet on the front and 18 feet on both sides. Based on the contingent of
surrounding properties and setbacks, and the agreement from the property owner that the property
will be on public sewer and water, staff would recommend approval of this variance request for the
reduction of the front and side setbacks.
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• 64A58
64 A 57
64 A 55
64 A
64 A 56 64 A 54
64 A 45C + 45Q 64
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Q Parcels
Building Footprints
B1 (Business, Neighborhood District)
B2 (Business, General District)
�i B3 (Business, Industrial Transition District)
EM (Extractive Manufacturing District)
E HE (Higher Education District)
M1 (Industrial, Light District)
M2 (Industrial, General District)
MH1 (Mobile Home Community District)
MS (Medical Support District)
OM (Office - Manufacturing Park)
R4 (Residential Planned Community District)
R5 (Residential Recreational Community District)
RA (Rural Area District)
RP (Residential Performance District)
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Note:
VAR # 01 - 12 Frederick County Dept of
Ellen L. Spicer Planning & Development
107 N Kent St
PIN: Suite 202
64- A - 57 Winchester, VA 22601
540 - 665 - 5651
Requests a Variance Map Created: Feb 21, 2012
50ft front yard and 18ft side yards Staff: djohnston
0 75 150 300 Feet
APPLICATION FOR VARIANCE
FREDERICK COUNTY, VIRGINIA
-OFFICE USE ONLY -
Variance Application 00 l —/9— Submittal Deadline a k)'.
Submittal Date o / For the BZA Meeting o
as
Fee Amount Paid Initials: p'I> Receipt # a 2
Sign Deposit Paid SL5 •`q
MUST BE TYPED OR FILLED OUT IN INK — PLEASE PRINT
I . The applicant is the owner 1-1 other- K. (Check one) Please list all owners, occupants (adult
individuals as well as any entities occupying the property), or parties in interest of the property.
2. APPLICANT:
NAME:
ADDRESS: I l(o to . Z d'aAd� co1
TELEPHONE: 640 - (02- 6 7C( Z
OCCUPANT: (if different)
NAME: t—_-kk�evt �,�y,&T GptG,aJ'
ADDRESS:ZY u 2er-'i
vA V to 2z�o Z
TELEPHONE:*40-
3. The property is located at (give exact directions and include State Route Numbers):
`Cv\
ck IRVc"A ,e - S 22
Oct
4. The property has a road frontage of feet and a depth of 300 feet and consists of
l (o acres (please be exact).
5. The property is owned by 5kk�vA L �,�' �j'pt l� q- as evidenced by deed from
R 4 � , Q��vt,S recorded (previous owner) in deed book no. +{I on page
a or instrument number of the deed books of the Clerk
7
O is
6.
7.
8.
9.
10.
of the Court for Frederick County. Please attach a copy of the recorded deed.
Magisterial District:-,�-t��,U e e
Property Identification Number (P.I.N.): (vt, - A, - 5 -1
The existing zoning of the property is: K A
The existing use of the property is: Gz w�
Adjoining Property:
USE
North
East
y-g.JCbteklelykl- k
South
wA w..e-v--e-k-�
West
wes�d�eM �t
ZONING
12. A
�2
214
11. Describe the variance sought in terms of distance and type. (For example: "A 3.5' rear yard
variance for
t1 an attached two -car garage.")
tt
V
c+ D 6y &VA 5�el �c� 4 a vllk atA c le-
an � i�� � lci � u 7srA s av6a c \4
12. List specific reason(s) why the variance is being sought in terms of, such as:
►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
v-1-D C J
8
O
13. Additional comments, if any:
Zo ,
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 and Property Identification Number
Address
Name Q.A. �d �G.
�•D.A2d-qx 5t
W mcki 6 rl VA Z 2.(co4
Property # _ A- qGO
(
Name ° ��1 V46 CCL
II 1
�c
Z bz �ld \� �-,raA
�til ��� � e �, \/A zz &o-z
Property # (9 A �- A,_ rS 3
1
Name AM�5 ��kV�tc .1 1 ggS�krOj
3110 •Btu - `��� lZ.oc��{
mJn oske, , VA Z.2(aDZ.
Property # �- {� - `Ji0
Name
Property #
ph�'�Jcl
& 4 - A- 59
FProme �c\ct�1 LRJ
`perty# �\v,Cl E�TeV"f VA z.Ziv0Z
( - ►A - (00
Name
Property #
Name
Property #
•
•
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.
10
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Scale in Feet
PAINTER-LEWIS, P.L.C.
PROJECT:
SURVEY:
RECORD
C.i.:
NA
BZA D(HIBIT
116 North Braddock Street
TM 64—A-57
DRAWN BY:
JOB NO.:
Winchester, Virginia 22601
g
SPICER PROPERTY
P_L
1202007
Telephone (540)662-5792
SHAWNEE DISTRICT
SCALE:
1 "=40'
DATE:
2/15/12
CONSULTING Facsimile (540)662-5793
FREDERICK COUNTY, VIRGINIA
SHEET:
ENGINEERS Email off ice@pointerlewis.com
BZA
•
•
AGREEMENT
VARIANCE # D / /9.
(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) da,yprior 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
knowledge, true.
SIGNATURE OF APPLICANT
DATE 2 - L� - 1 Z
contained herein are, to the best of my
SIGNATURE OF OWNER off'--� ` -s3— DATE a ZJ^ /
(if other than applicant)
-OFFICE USE ONLY-
BZA PUBLIC HEARING OF AU /)- ACTION:
'DATE -
APPROVAL
D IAL
SIGNED:
DATE: 3` 2 D- l 2
BZA CHAIRMAN
11
Special Limited Power of Attorney
County of Frederick, Virginia
Frederick Planning Website: www.co.frederick.va.us
Department of Planning & Development, County of Frederick, Virginia
107 North Kent Street, Winchester, Virginia 22601
Phone (540) 665-5651 Facsimile (540) 665-6395
Know All Men By These Presents: That I (We)
(Name) yw dt� �V TG e �/" (Phone)D
(Address) 2� e2 - �c VGA , WtoeAja�ke'r
the owner(s) of all those tracts or parcels of land ("Property
Clerk's Office of the Circuit Court of the County of Frederick,
Instrument No.g(al on Page lam[
Parcel: Lot: k 1 Block: l Section:
do hereby make, constitute and appoint:
VW 2.2to
') conveyed to me
Virginia, by
and is described as
oZ
(us), by deed recorded in the
Subdivision: U,—,�Z tA. "tt. e J-
(Name) e w e S f Q l- . C . (Phone)
(Address) 1 k l0 q • 1 't . ke1 Lv cth es-tgay^, V 0, Z Z lc� 1
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 Permit
_Master Development Plan (Preliminary and Final)
_Subdivision
Site Plan
_Variance or Appeal
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 shall expire 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 _154�. day of f' , 20�-�,,
Signature(s)�-�
State of Virginia, City/County of W ; y C.6 ,e_ f-y- , To -wit:
I,:8 Ja Notary Public in and for the jurisdiction aforesaid,
certify that the p son(s) who signed to the for,%ging instrument personally appeared before me and has
acknowledged the same before me in the juri�§dY�``��ov. agfj�" �d this _ Y�. day of 20 .
�P�Y PG p1-1
m O tI kpmmission Expires: 4l
Notary P tM c ' O
r ' . COMMISSION O
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#3857
R0BERT W. JENKINS, ET UX
TO: :: DEED
ELLEN LINETTE SPICER * (1 T
ffTeiiS LShu "d_ Ma dates this 25th day of November, 1976. by and
!between Robert W. Jenkins and Thelma M. Jenkins, his wife. Grantors, parties
of the fir3t part, and Ellen Linette Spicer. Grantee, party of the second part.
wITNEsszTH: That for and in consideration of the sus of Ten
Dollars ($10.00) cash in hand paid, and other good and valuable consideration,
3 the receipt of all of which is hereby acknowledged, the Grantors do hereby
grant, sell and convey, with general vrarrsnt► of title, unto Ellen Linette
Spicer, her hairs and assigns, all of that cartain lot or parcel of land,
together with all privileges and appurtenaacas thereto belonging. lying and
being situate along the Southern Side of the Buffalo Lick Road, about one and
mw4wlf mile South of Winchester, in Sharma District. of Frederick County,
Virginia, fronting of said lot. a distance of 73 feet. sew zX.=d1=g baek
i
Southv_mxi a uniform width, a distsn_e of 300 feet. and being the sane land
4.
identified as Lot No. 11, is Block Me. i of the Lai* M. Mille:, subdivision,
a plat of which is of record in the Clerk's (Mice, of the Circuit Court, of
#I Frederick County, Virginia, in Deed Book no. 174, ?age 394, and being the
} same real estate couvsyed to tha Grantors, by dead dated March 12th, 1955, 1
� I
from Ch- lea N. Low-ry, at uz, of reeocd in said Clerk"s Office, in Tsai Dook
I
li•lio. 235. page 463. ♦ reference to the aforesaid recocda, and to the refers
encas therein, contained is here made for a fmrtber and more particular des-
i
e � tion of said land.
This conveyance is subject to the legally -enforceable covenants,
ai*sments and restrictions. if any, of record affecting this said real
1 estate.
The aforesaid grantors covenant, subject to the foregoing
paragraph. that they have the right to convey the said land to the aforesaid
grantee; that the said grantee shall bare quiet possession Of the said land.
free from all encumbrances; that they have dome no act to encumber the said
land; and that they will execute such further assurances of said land as >!ay
be requisite.
Witness tb-< following sutures and seals.
Robert W. Jenkffis
ma, R. .0BnVMu
f�
cry 600K�.�� 20 1
S'»te of Virginia
County of Frederick, to -vita
Notary '!ublic in and
for the County of 1redarick, in the State of Virginia, do hereby certify 1
,
that .Rabert W. Jenkins and Thelma M. Jenkins, his -.L.a _ ewe are
aiwd to the foregoing writing bearing date of Mavember 26th, 1976, have
�j personally appearad before ne in my County aforesaid, and acknowledged the
(I sane.
t Given older wry hand'tnis 26th day of November. 1976.
My commission expires
1 1 I
�i *otary Public
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1p���.,i�ns.r::�x:,rti
i ' r at Ta��cise
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f -- 4 wit!' cart:Ia— Uf aaki:,w1 -'q=eat thereb aaaasai . via �r7
w3cu!s�i to r�-d. T-,- :L1-)'nr7:+3 y; Sac. 5134_ 1 a!
- -�- , and 5, :-:4 hays beep pan ii a
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COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
FAX: 540/ 665-6395
NOTIFICATION OF PUBLIC HEARING
March 6, 2012
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S)
RE: VARIANCE REQUEST #01-12 OF ELLEN L. SPICER
On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public
hearing being held on Tuesday, March 20, 2012, at 3:25 p.m., in the Board Room of the Frederick
County Administration Building at 107 N. Kent Street, Winchester, Virginia.
Variance Request #01-12 of Ellen L. Spicer, submitted by Painter -Lewis P.L.C., for a 10 foot front
yard variance, resulting in a 50 foot front yard setback, and a 32 foot variance on both sides, resulting
in an 18 foot side yards setback, for a single family dwelling. This property is located on the south
side of Bufflick Road, Lot 57, 2,200 feet east of Route 522, and is identified with Property
Identification Number 64-A-57 in the Shawnee Magisterial District.
Any interested, parties may attend this meeting. 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.
Pana M. Johnstu
Zoning Inspector
DMJ/bad
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
I
This is t certify that the attached correspondence was mailed to the following on
o from the Department of Planning and Development, Frederick
County, Virgi ia:
64 - A- - 57-
SPICER ELLEN LINETTE
298 BUFFLICK RD
WINCHESTER VA 22602.4539
Painter -Lewis
116 N. Braddock St.
Winchester, VA 22601
64 - A- - 45-D
DA HOLDINGS LLC
PO BOX 81
WINCHESTER VA 22604
64 - A- - 56-
NESSELRODT JAMES 0
NESSELRODT BEATRICE A
316 BUFFLICK RD
WINCHESTER VA 22602-4540
64 A- - 59-A
WINCHESTER REGIONAL AIRPORT AUTH
491 AIRPORT RD
WINCHESTER VA 22602.4517
64 - A- - 59-
KYLE ROBERT W
& DOOLAN-KYLE KATHY L
299 BUFFLICK RD
WINCHESTER VA 22602-4547
STATE OF VIRGINIA
COUNTY OF FREDERICK 11
DKna M. Johnst(4 Zoning Inspector
Frederick County/planning Dept.
I, Notary Public in and for the State and County
aforesaid, doh eby certify that Dana M. hnston, Zoning Inspector, for the ep ment of Planning
and Development, whose name is signed to the foregoing, dated ;)- , has
personally appeared before me and acknowledged the same in my State and ounty aforesaid.
Given under my hand this day of k '�') 6) a- .
My commission expires on ,
ti
NOTARY
DELLINGER
REGISTRATION ON # 331 spa NOTARY PU ICdr
E:::J
EALTH OF VIRGINIA
MISSION EXPIRES
LY 31, 2015
.."s 4'E.TG
7
13. Additional comments, if any:
A
0 .
TO:BARgARA-
DATA PROCESSING
PRO' : BEV - PlQnnin
Please print � 9 Dept,
a sets of labels by
/ THANKsI
14. The following names and addresses are all.of the individuals, firms, or corporations owning
property adjacent to the property for which the variance is being sought, including properties at the
sides, rear and in front of (across street from) the subject property. (Use additional pages if
necessary.) These people will be notified by mail of this application:
Name and Property Identification Number
Address
Name �. F�.. L L L
•P.c.'vox 631
W kAc),�t,6T- VA Z 2�004
.. __-
Property # - r _ A- ` Go ,
amen
eery 53`
Name fi pj 2�-�V��c I�Ie5S�1r �
t
`31rc� BIt,1 `�G� �o2c1
VA Z.2(eDZ
Property # IA- _ rj(o
Name K ��vLQJ 14L;15ar1
�IV1Lh � e d", VA 22 &:0 7-
Property # - - 54-1
ENaerty�h���Y
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Z.�� �et �G� Za
VA ZZ(oO Z
CAI eA v r�
Name
Property #
Name o
Property #
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TRANSMITTAL
Date: February 15, 2012
job #1202007
DISTRIBUTE TO: Frederick Co. Department of
Planning and Development
(Hand -Delivered by BJT)
r
F E 9 1 5 2012
E
Painter -Lewis, P.L.C.
116 North Braddock Street
Winchester, VA 22601
P:540-662-5792 F: 540-662-5793
office &painterlewis.com
FROM: John C. Lewis, P.E., C.L.A.
FOR: ( ) Review & Comments ( ) Approval & Signature ( ) Informational Purposes ( ) Bid Purposes
THANK YOU FOR YOUR BUSINESS! Client Copy
i
ES 1 5 2012
Document Approval Forni
PLEASE REVIEW TIE ATTACHED DOCUMENT. IF THIS DOCLW ENT MEETS- YOUR
APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TBIE OF YOUR
APPROVAL.
IF 220 D0CV3jWffDOES NOT JffET YOUR APPROVAL PLEAM PROMS
COD AS TO WHAT YOU WOULD LSE TO HAVE COWLETEA
I[NrMALS DATE & ME
Candice '
D2=
Eric
Nuke
John
T
COS:
ate & Time):
Receivesi by Clerical Stag' (D -
0 of$ 1 0.