HomeMy WebLinkAbout02-12 J. H. Yost - Back Creek - BackfileBOARD OF ZONING APPEALS
Variance Request Tracking Sheet
OPEN FILE:
z2-3 File opened
Reference Manual updated/number assigned
3 D-base updated
Ae�L Location maps requested from Mapping
Adjoiner list given to Planner
3o Application Action Summary updated
MEETING DATE: �t
FINAL ACTION:
CLOSE FILE:
1� Approval (or denial) letter mailed to applicant/copy made for file & cc's
/ File stamped "approved", "denied" or "withdrawn"
Reference Manual updated
U D-base updated
Application Action Summary updated
Sys ID#
eEosmso�qOM -1�
/// ; {A---
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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
r
SUBJECT: Return Of Sign Deposit
DATE: July 31, 2012
The amount of $50.00 was deposited in line item #3-010-019110-0008 from Ms. Nazario. She
had a deposit for one sign for Variance #02-12 (J.H. Yost). Mr. Yost has returned the sign, and
Ms. Nazario 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:
Tina Marie Nazario
116 Morristown Road
Stella, NC 28582
RSA/pd
W-11:311w
107 North Kent Street, Suite 202 Winchester, Virginia 22601-5000
/ IL
DATE 0001 @@
RECERIEDfROM No2012
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ACCOUNT
AMT: PAID 00
CASH
BALANCE CHECK 00
DUE I MONEY 00
• ORDER.
00
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Pd by PLANNING 3/23/12
BALANCE DUE INCLUDES PENALTY/INTEREST THRU THECheck.24 MONTH137223/2012 # VARIOUS
-----------
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COUo K
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
April 18, 2012
Mr. J. H. Yost
101 Lee Street
Winchester, VA 22601
RE: VARIANCE REQUEST #02-12
Dear Mr. Yost:
This letter is to confirm that the above -referenced variance application was approved by the
Board of Zoning Appeals at their meeting on April 17, 2012. The request on parcel identified by
Property Identification Number 69A-130-33 was approved by the BZA to allow a 28 foot right
side variance, resulting in a 22 foot right side setback. The property is located in Enon Springs
(Shawneeland II) on Wardensville Grade (Route 608) near the intersection of Route 608 and
Route 55, in the Back Creek Magisterial District.
If you have any questions regarding this action, please feel free to call this office.
Sincerely,
Zz Mark R. Ch ran
Zoning Administrator
MRC/bad
cc: Gary A. Lofton, Board of Supervisors, Back Creek District
Greg Unger and Kevin Crosen, Back Creek Planning Commissioners
Jane Anderson, Real Estate
Commissioner of Revenue
John Trenary, Building Official
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
VARIANCE APPLICATION H02-12
J. H. YOST
Staff Report for the Board of Zoning Appeals
Prepared: March 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:
April 17, 2012 —Pending
LOCATION: Enon Springs (Shawneeland II) on Wardensville Grade (Route 608) near the
intersection of Route 608 and Route 55
MAGISTERIAL DISTRICT: Back Creek
-PROPERTY ID NUMBER: 69A-130-33
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 28 foot right side variance, resulting in a 22 foot right side 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.
0 0
Variance Application #02-12 — J. H. Yost
March 28, 2012
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 front and 15 feet for the side yards. Frederick County
amended its Ordinance in 1989 and 2009 to change the A-2 zoning districts to the current RA (Rural
Areas) Zoning District, making the current setbacks for the property 60 feet to the front, 50 feet to
the rear, 50 feet to the right, and 50 feet to the left.
Based on the small size of this property and the large setbacks associated with the RA zoning district,
the applicant is requesting a 28 foot right side yard variance. This variance, if granted, would result
in a 22 foot right side yard setback. The size of the lots in Enon Springs Subdivision is very similar
to Shawneeland Subdivision. The majority of the properties located in the Shawneeland Subdivision
are zoned R5 (Residential Recreational Community) and would have a setback of 35 feet from
R.O.W., 25 feet in the rear and 10 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 Shawneeland
Subdivision.
STAFF CONCLUSIONS FOR THE APRIL 17, 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 22 feet on the right side. Staff would recommend approval of this variance
request for reduction of the right side setback.
I 40
APPLICATION FOR VARIANCE
FREDERICK COUNTY, VIRGINIA
-OFFICE USE ONLY -
Variance Application # Oa Submittal Deadline /
Submittal Date / For the BZA Meeting ofj
Fee Amount Paid $ 21M) Initials: Receipt #
Sign Deposit Paid 5-D `—
MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT
1. The applicant is the owner other . (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. APPLICAN OCCUPANT: (if different)
NAME: V h ��G C� �L NAME:
ADDRESS: 10 l L_ t:-e—� ADDRESS:
V4 4e 0
TELEPHONE: 303 -�C9 TELEPHONE:
3. The property is located at (give exact direct'ons and include State Route Numbers):
4. The pro" erty has a road frontage of l D V feet and a depth ofy V feet and consists of
acres (please be exact).
5. The property is owned by ® l W K , 41 cz �li ✓�C( L L 10- as evidenced by deed from
9-W K �- fi i oc 4 varim a f6corded (p evious owner) in deed book no. on page
(,<_C_ 4 vJ a-- 7— -", c, -)
7
17�
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0
7
8.
or instrument number 0 S O Q oZ- & .�2- y (f�of the deed books of the Clerk
of the Court for Frederick County. Please attach a copy of the recorded deed.
C"
Magisterial District: (JG '(
Property Identification Number (P.I.N.):
The existing zoningof the property is:
i
9. The existing use of the property is:
10. Adjoining Property:
11
USE
North 6t C
East
South VA u—X-
West Je, e-C,.t-�
ZONING
Describe the variance sought in terms of distance and type. (For example: "A 3.5' rear yard
12. List specific reason(s) why the variance is being sought in terms of, such as:
vli�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
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of- <G4 C-,/A-- 0'/ 'Aft
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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 and Property Identification Number
Address
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Property �Cf. /�� •� �y
Name u
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Property # � - l ?j� — 3
Names q r / Ai
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Property # �114 -
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Property# Q l3 -
Name
Property #
Name
Property # .
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�i.r,.,..d.,r.�.�.r..1.�.,.....,.i....�.-,. �. ....., �.,... .......,,..., n.,-�,,,,,.
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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
SHEET 1 OF 1
NOTES: 'mw
I. BOUNDARY SHOWN HEREON WAS DETERMINED BY A FIELD RUN SURVEY
PERFORMED BY ARTZ & ASSOCIATES ON JUNE 8, 2006.
2. THIS PLAT IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
3. NO TITLE REPORT FURNISHED.
4. CONTOUR INTERVAL IS 1 FOOT. ELEVATIONS ARE ASSUMED.
5. PROPOSED WELL LOCATIONS ARE APPROXIMATE. CONTRACTOR IS RESPONSIBLE FOR
MEETING ALL HEALTH DEPARTMENT REGULATIONS DURING INSTALLATION.
6. ALL PROPERTIES ZONED R5, USES ARE RESIDENTIAL.
LINE
BEARING
DISTANCE
L1
S 35'49'09'
6.56'
L2
N 77'05'09"
97.27'
L3
S 12'51'43" 6
174.97'
L4
N 28"24'05iL;E
66.75'
L5
N 78'58'36" E
40.79'
L6
S 22'00'07" W
70.60'
L7
S 88.39'59" W
45.35'
L8
S 13.48'19" W
27.07'
BEE -RAIL
32 51_ E 100AO BAND
c� N 80 FOUND
1.2
REBAR PROPOSED
FOUND
WELL
35
1
1
1
11 LOT 33
19,960 �o
o sq f t. LOT 34
Q
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LOT 32 IA
o
C
L5
C PROPOSED
06
n I DRAINFIELD
v
1 `
J
j 25 R
L7 /i
m 1 REBAR
IRON PIPE �QQ.QQ FOUND
FOUND 34" W
S $Q 37 LOT 14
LOT 15
LOT ib
SECTION 30
PLAT 2 ,
BOUNDARY SURVEY,
P�TH OF
DRAINFIELD LOCATION SURVEY of
LOT 33
'MICHAEL M. ARTZ v
PLAT 4, SECTION 30
No. 951
ENON SPRINGS, SHAWNEE-LAND
�� `� /C)(��°
BACK CREEK DISTRICT, FREDERICK COUNTY, VIRGINIA
`41V0 suR,JE:yo
SCALE: It' = 40' DATE: JULY 4, 2006
PRESENT OWNER.
z and Associates, PLC
beldiary of Valley Engineering, PLC
OLD VIRGINIA LAND Ll.C,
URVEYING M0 PLANING
NING OEVELOPNENT
t6 East Piccadilly Street
E
TM #69A-1-30-33 INST# 050026208
W0-667TER, VA. 22fi01-667
PROJECT #21620
DEL 540-667-3273 FAX 540-667-9186
(OlL FREE 1-800-755-7320
NOTE: THIS LOT
HAS NO BUILDING
SITE DUE TO 50'
SIDE SETBACKS
BEE RAIL
N gp 32 5� 00
' OELL
�1 $
N
LOT 32
Z N D
U D l
06
Z .pl
LOT 16
PROPOSED
GARAGE
0
PROPOSED `T
N
1,008 sq. ft. I
r? LOT 34
DWELLING
50.0,
LO
PROPOSED
o
DRAINFIELD
0%
EXISTING
50' BRL
d
7
,
1__!- a-w 100
S 80 3T 34
LOT 15
PLA'T 2, SEG-�ION 30
PROP05ED
VARIANCE PLAT for
LOT 33
PLAT 4, 5ECTION 30
ENON 5PRING5, 5HAWNEE-LAND
BACK CREEK DISTRICT, FREDERICK COUNTY, VIRGINIA
SCALE: 1" = 40' DATE: NOVEMBER 28, 2006 (REV. 2-27-12)
PRESENT OWNER:
OLD VIRGINIA LAND L.L.C.
TM #69A-1-30-33 INST# 050026208
PROJECT #21620
14
Artz and Associates, PLC
A Subsidiary of Valley Engineering, PLC
LAND SURVEYING LAND PLANNING DEVELOPMENT
16 East Piccadilly Street
WINCHESTER, VA. 22601-4740
TEL 540-667-3233 FAX 540-667-9188
TOLL FREE 1-800-755-7320
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AGREEMENT
VARIANCE # O Q_ -Q,
(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) dqys 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 of my
knowledge, true.
SIGNATURE OF APPLI
DATE 3/Z 3
SIGNATURE OF OWNER
(if other than applicant)
DATE
-OFFICE USE ONLY-
BZA PUBLIC HEARING OF 4/j ACTION:
-DATE-
APPROVAL
D NIAL
SIGNED: `°•�
DATE: 4 -1.7- / 2
BZA CHAIRMAN
11
4PO6 0 0.15 3 47.
COMMONWEALTH OF VIRGINIA
VIRGINIA DEPARTMENT OF HEALTH
Frederick County Health Department
107 N. Kent St.
Winchester, VA
(540) 722-3480
August 9, 2006
AOSE Certification Letter
Old Virginia Land LLC
101 Lee Street
Winchester, Virginia 22601
Re:Tax Map #69A-1-30-33;
Dear Old Virginia Land LLC:
CIO
U1
This letter is issued in lieu of a sewage disposal system construction permit in accordance with
§32.1-164 H. of the Code of Virginia . The location and dimensions of the approved site are shown on the
approved plat. The application for a certification letter was submitted pursuant to §32.1-163.5 of the
Code of Virginia which requires the Health Department to accept private soil evaluations and designs
from an Authorized Onsite Soil Evaluator (AOSE) or a Professional Engineer working in consultation
with an AOSE. for residential development. The site for an individual onsite sewage system was certified
as being in compliance with the Board of Health's regulations (and local ordinances if the locality has
authorized the local health department to accept private evaluations for compliance with local
ordinances) by Evans, Karl E. , _(540) 974-4830. This letter is issued in reliance upon that certification.
The Board of Health hereby recognizes that the soil and site conditions acknowledged by this
correspondence, and documented by additional records on file (including those by a private Authorized
Onsite Soil Evaluator, ROSE, Evans, Karl E.) at the local health department, are suitable for the
installation of an onsite sewage disposal system. The attached survey plat shows the approved area for
the sewage disposal system and Well. The plat must be recorded for this letter to be valid. This letter .is
valid until a permit for construction is issued and the system is installed, inspected and approved. This
letter is void if there is any substantial physical change in the soil or site conditions where the sewage
disposal system is to be located.
A permit to construct the sewage disposal system must be issued before construction of the system. If the
property owner (current or future) applies for a construction permit within 18 months of the date of this
letter, the application fee paid for this letter shall be applied to any state fees for a permit to construct a
system. After 18 months, the applicant is responsible for paying all state fees for a permit application.
OP
Tax Map #69A-1-30-33
O
W
This letter must be recorded in the land records within 90 days by the clerk of the circuit
court in the jurisdiction where all or part of the site or proposed site of the system is to be located. The
site shown on the plat is specific and must not be disturbed or encroached upon by any construction. To
do so voids this letter. If not recorded in 90 days this letter is void. Upon the sale or transfer of the land
that is the subject of this letter, the letter shall be transferred with the title to the property.
Future owners are advised to review the plat for the location of the onsite sewage disposal area to
make sure their building plans do not interfere with the area. If they have any questions regarding the
location of the area; they should contact the AOSE or PE identified on the previous page prior to
contacting the local health department for assistance.
The area evaluated, and certified by this letter, is suitable to accommodate a 2 bedroom house
using a system design of 300 gallons per day . The property will be served by a private water supply as
shown on the attached plat.
This letter is an assurance that a sewage disposal system construction permit will be issued
(provided there have been no substantial physical changes in the soil or site conditions where the system
would be located); however, it is not a guarantee that a permit for a specific type of system will be
issued. The design of the sewage system will be determined at the time of application for a building
permit and sewage system construction permit. The design will be based on the site and soil conditions
certified by this letter, structure size and location, water well location (final determination to be made at
time of permit issuance), the regulations in effect at the time, and any off -site impacts that may have
occurred since the date of the issuance of this letter. In some cases, engineered plans may be required
prior to issuance of the construction permit. In accordance with §32.1-164.1:1 of the Code of Virginia
owners are advised to apply for a sewage disposal construction permit only when ready to begin
construction.
This certification letter may be subject to and must comply with any applicable local ordinances.
eSinceirells,in
Attachment: Surveyed Plat
J� r
C3
" CA-)
Certificate of Acknowledgment: Tax Map #69A-1-30-33 �-
August 9, 2006
County of Frederick
Commonwealth of Virginia
I certify the information provided herein is true and curate to the best of dge and belief.
E vi in Hea pecialis
The foregoing instrument was acknowledged before me this \ A h day of
Notary Public
My commission expires:_ a0QG
wuiiLy ul i-tr--
Commonwealth of Virginia
I (we) authorize this certification letter be recorded in the grantee index of the Clerk of the Circuit Court
of Frederick County under my (our) name.
- wld ed before me this day of ct ,
The fforrygoing instru ent was a kno g
Notary Public
My commission expires: 6 a3 ago �r
- 30 -33
dance
-
69A
69A 130 53
69A
130 52
130 5V
< 6
130,36,
69A
69A 130 37
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Parcels
Building Footprints
OApplications
B1 (Business, Neighborhood District)
B2 (Business, General Distrist)
B3 (Business, Industrial Transition District)
EM (Extractive Manufacturing District)
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)
69AIk
<" '! 69A 130 12
69A ,13011"_, `
t,
,69A j 130 10
q 130 9 y
EMS►!!!
Note:
Frederick County Dept of
VAR # 02 - 12
Planning & Development
107 N Kent St
J. H. Yost
suite 202
e
PIN: 69A - 1 - 30 -33
Winchester, VA 22601
540 - 665 - 5651
28ft Right Side Variance
Map Created: March 27, 2012
Staff: djohnston
0 75 150
300 Feet
NOTES:
1. BOUNDARY SHOWN HEREON WAS DETERMINED BY A FIELD RUN SURVEY
PERFORMED BY ARTZ & ASSOCIATES ON JUNE 8, 2006.
2. THIS PLAT IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
1 NO TITLE REPORT FURNISHED.
4. CONTOUR INTERVAL IS 1 FOOT. ELEVATIONS ARE ASSUMED.
5. PROPOSED WELL LOCATIONS ARE APPROXIMATE. CONTRACTOR IS RESPONSIBLE FOR
MEETING ALL HEALTH DEPARTMENT REGULATIONS DURING INSTALLATION.
6. ALL PROPERTIES ZONED R5, USES ARE RESIDENTIAL.
gEE -vol"
_I SHEET 1 OF 1
LINE
BEARING
DISTANCE
L1
S
35'49'09"
6.56'
L2
N
77'05'09"
97.27'
L3
S
12'51'43"
E
174.97'
L4
N
28'24'05r,-E
66.75'
L5
N
78'58'36"
E
40.79'
L6
S
22'00'07"
W
70.60'
L7
S
88'39'59"
W
45.35'
L8
S
13'48' 19"
W
27.07'
100.00�
L 1 BI 32,57 E
EAR
ROUND
N
L2
REBAR PROPOSED
FOUND
WELL
35 gR
1
` l
it
LOT 33
1
19,960
sq. ft.
LOT 34
o
o
N
LOT 32
c
O o
11
PROPOSED �5
906
U, y
DRAINFIELD
I
1
l
'
�/
25 gRL
-\NIP 01)
�95
IRFON PID ON PIPE0.00
UNv •37'34„ W 10
S 80
LOT 15
LOT 16
P
�pT 2' SEC�pN 30
BOUNDARY SURVEY,
DRAINFIELD LOCATION SURVEY of
LUG" 33
PLAT 4, SECTION 30
ENON SPRINGS, SHAWNE&LAND
BACK CREEK DISTRICT, FREDERICK COUNTY, VIRGINIA
SCALE: 1" = 40' DATE: JULY 4, 2006
PRESENT OWNER:
TM #69A 130 33 NMV 050026208
PROJECT #21620
REBAR
FOUND
LOT 14
-T Hi
�MICHAEL M. ARTZ ➢
No. 1951
Artz and Associates, PLC
A Subsidiary of Valley Engineering, PLC
LAND SURVEYING LAND PLANNING DEVELOPMENT
16 East Piccadilly Street
WINCHESTER, VA. 22601-4740
TEL 540-667-3233 FAX 540-667-9188
TOLL FREE 1-800-755-7320
0
f►�
NOTE: THIS LOT
HAS NO BUILDING
SITE DUE TO 50'
SIDE SETBACKS
LOT 32
00
Z c"
S2 c
L,
Z Z
Q =D
N.
PROPOSED
I WELL
►
22.0
BEE- MAI1-
80 3l
►
►
0
PROPOSED
GARAGE
N
0
PROPOSED ni
z rn 1,008 sq. ft. o j
O ► D DWELLING A
� 50.0'
N
N
1
i
LOT 16
LOT 15
P LA'V 2 SECTION 30
PROPOSED
VARIANCE PLAT for
LOT 33
PLAT 4, SECTION 30
ENON SPRINGS, SNAWNEEvLAND
BACK CREEK DISTRICT, FREDERICK COUNTY, VIRGINIA
SCALE: I" = 40' DATE: NOVEMBER 28, 2006 (REV. 2-27-12)
PRESENT OWNER:
TM #69A 1 30 33 NMT# 050026208
PROJECT #21620
LOT 33
19,960
sq. ft.
LOT 34
14
MICHAEL M. ARTZ v
No. 19 1
_>,9"V0 SURv�yO
Artz and Associates, PLC
A Subsidiary of Valley Engineering, PLC
LAND SURVEYING LAND PLANNING DEVELOPMENT
16 East Piccadilly Street
WINCHESTER, VA. 22601-4740
TEL 540-667-3233 FAX 540-667-9188
TOLL FREE 1-800-755-7320 /
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COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
NOTIFICATION OF PUBLIC HEARING
April 3, 2012
TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S)
RE: VARIANCE REQUEST #02-12 OF J. H. YOST
On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public
hearing being held on Tuesday, April 17, 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 #02-12 of J. H. Yost, for a 28 foot right side variance, resulting in a 22 foot right
side setback, for a single family dwelling. This property is located at Enon Springs (Shawneeland II)
on Wardensville Grade (Route 608) near the intersection of Route 608 and Route 55, and is
identified with Property Identification Number 69A-130-33 in the Back Creek 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
Ip rtmet of Planning and Development located at 107 North Kent Street in Winchester, Virginia.
0
Dana M
Zoning
DMJ/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
�5 h S from the Department of Planning and Development, Frederick
County, Virginia:
69A - 1-30. 33
69A 1 30 37
OLD VIRGINIA LAND LLC
CAVE MICHAEL ANDREW
101 LEE ST
CAVE TERESA M
WINCHESTER VA 22601.3827
212 TOMAHAWK TRL
69A - 1-30. 16-
WINCHESTER VA 22602.1353
GIAMBERDINE GERARD ET ALS
11104 W PACIFIC CT
i
LAKEWOOD CO 80227.1911
I
69A - 1.30. 15-
SHEFTELMAN DAVID N JR
132 PEWTER LN
STAFFORD VA 22554-1517
69A - 1-30- 14-
KEMP GEORGE W II
4395 VIRGINIA AVE
I/
PRINCE FREDERICK MD 20678.4853
69A .1-30. 34-
CAMERON RONALD W
CAMERON PATRICIA E
701 CAPON SPRINGS TRL
STAR TANNERY VA 22654.1728
69A - 1-30. 32-
PERRY STUART M INC
117 LIMESTONE LN
WINCHESTER VA 22602.2272
STATE OF VIRGINIA '
COUNTY OF FREDERICK
a Notary Public in and for the State and County
aforesaid, do areby certify that Dana M. Johnston, Zoning Inspector, fo4eand
D partment of Planning
and Development, whose naive is signed to the foregoing, dated �, has
personally appeared before me and acknowledged the same in my Sta County aforesaid.
Given under my hand this day of
My commission expires on
IN
Rr: �iSTRATION # 331878
C,);,�p ��NWEALTH Of VIRGINIA
Pj c; JUILY 31, 2015PIRES
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NOTARY P LIC
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13. Additional comments, if any:
TO:BARBARA-DATA
PROCESSING
FROM:BEV - Planning
Dept.
I
THANK51
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 / �t d Gt in 2 /C�ii,e
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Property # _ _ �-� i �U -' ��
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Property #
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THIS DEED, made and dated this RP day of November, 2005 by and between
JOHN F. SCHWARZMAN and DIANA E. SCHWARZMAN, husband and wife, hereinafter
called the Grantors, and OLD VIRGINIA, L.LC., a Virginia Limited Liability Company,
hereinafter called the Grantee.
WITNESSETH: That for and inconsideration of the sum of Ten Dollars ($10.00), cash
in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the
Grantors do grant and convey, with General Warranty and with English Covenants of Title, unto
the Grantee, in fee simple, together with all rights, rights of way, privileges improvements
thereon and appurtenances thereto belonging, all of the following realty:
All of that certain piece or parcel of land lying and being situate in Back Creek
Magisterial District, Frederick County, Virginia, designated as Lot 33, Plat 1,
Section 30, Shawnee Land Subdivision, as described and set forth in that Deed of
Dedication of Marjec, Inc., dated July 13, 1970 of record in the Office of the
Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 367, at
Page 583. AND BEING the same property conveyed to John F. Schwarzman and
Diana E. Schwarzman, his wife, by Deed from Marjec, Incorporated, a Maryland
Corporation, dated May 4, 1976 of record aforesaid Clerk's Office in Deed Book
458, at Page 863. Reference is hereby made to the aforesaid instruments and the
references contained therein for a further and more particular description of the
property conveyed herein.
This conveyance is made subject to all legally enforceable restrictive covenants and
easements of record affecting the aforesaid realty.
The Grantors do hereby covenant that they have has the right to convey to the Grantee;
that the Grantee shall have quiet and peaceable possession of the said property, free from all liens
and encumbrances; and they will grant such further assurances of title as may be requisite.
I
WITNESS the following signature and seal:
PAe 101. IN
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STATE OF PENNSYYLVANIA,
COUNTY OF / Q , To -wit:
I, F 9 E D ER i c lam' C, Ho R (J, a Notary Public in and for the State and
jurisdiction aforesaid, do hereby certify that John F. Schwarzman and Diana E. Schwarzman,
whose names are signed to the foregoing Deed, dated this _ day of November, 2005
have personally appeared before me and acknowledged the same in my State and jurisdiction
aforesaid.
Given under my hand this day of November, 2005.
My commission expires
COMM NWEALTH OF PENNSYLVANIA
Notarial Seal
Frederick C. Horn, Notary7Public
ShrewsburyBoro, York C•
My Commission Expires July 11, Notary Public
Member, Pennsylvania Association of Notades
VIRGINIA FREDERICK COUNTY. SCI;
This inst entof writing was produced to'tne on
4/6 v. at 7 • o� 7� %�rry
and with ce tificate of acknowledgement thereto annexed
was admittc I to record. T imposed by Sec. 58.1-802 of
and 58.1-801 have been paid, if assessable
C Qd?.00 EDS\oldvirginia1ot33.fee.wpd 2
j -4 , Clerk
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