Loading...
HomeMy WebLinkAbout05-12 Wright Renovations Inc - Stonewall - BackfileBOARD OF ZONING APPEALS Variance Request Tracking Sheet OPEN FILE: (o File opened l D Reference Manual updated/number assigned D-base updated /-JL Location maps requested from Mapping AS a Adjoiner list given to Planner (o 'oZ5 Application Action Summary updated MEETING DATE: FINAL ACTION:-//)w)"o,),t-", CLOSE FILE: /D> Approval (or denial) letter mailed to applicant/copy made for file & cc's File stamped "approved", "denied" or "withdrawn" Reference Manual updated D-base updated Application Action Summary updated Sys ID # 4- c v E c o E a )C 0- O 0 N ° c > Q ::3 N O 0 � L U UA of Lr ��I�I�II Z U lD v >c O � n. .-, > v`ti DATE l 2 4 G 9 t RECEIVED FROM D RES,�.5 (03 U uY1gr Da(cd DOLLAR $ ❑ FOR RENT G FOR . • MT. OF ACCOUNT ACOUN CASH7BY\ 3 LL1 - 1 AMT. PAID CHECK BALANCE MONEYDUE ORDER ` �� COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 August 22, 2012 Mike Artz Marsh & Legge 560 N. Loudoun St. ° Winchester, VA 22601 RE: VARIANCE REQUEST #05-12 Dear Mike: This letter is to confirm that the above -referenced variance application was approved by the Board of Zoning Appeals at their meeting on August 21, 2012. The request on parcel identified by Property Identification Number 33-A-1313 was amended, with your consent, and approved by the BZA to allow a 69 foot right side variance, resulting in a 31 foot right side setback, and a 35 foot left side variance, resulting in a 65 foot right side setback. The property is located on the east side of Welltown Road (Route 611) approximately 0.25 miles south of the intersection with Rest Church Road (Route 669), in the Stonewall 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: Wright Renovations, Inc., 124 Page Court, White Post, VA 22663 Charles S. DeHaven, Jr., Stonewall District Supervisor Gary Oates and Stan Crockett, Stonewall District Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue John Trenary, Building Official I 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 .a COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 MEMORANDUM TO: Finance Department FROM: Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: September 5, 2012 The amount of $50.00 was deposited in line item #3-010-019110-0008 for Wright Renovations. Marsh & Legge Land Surveyors had a deposit for one sign for a Variance #05-12. Wright Renovations 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: Marsh & Legge Land Surveyors 560 North Loudoun St. Winchester, VA 22601 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 42-7 0 ..m...-.-vm^"' .....-.. _. �.«...... ,«...... �', ,.. , - ate: - 44 4 , 1 13258 13258 $450.00 Pay Amount $450.00 0 5'1101HVA # n W Vf atm nxxy ySH2iSL1�iI/h,L'IVRa'T S2Qn'IONI ana HJl�IK'IFIH 0'OObT SH- OO' $ aria aouETpg* ZI/SZ/9 `naWdO'IHAHQ � ONINNVgd Aq pd 00'OOi $ prE d ;tmou V 00, 00. $ �saza�ul 00OOT SZ 9 a $ hgTEuaZTd / / LKHwdoriaASoNINr1�'E a a 6rirag TEd,oL, zd 00'OOT pT $ aoupTEa sno TAa,zd S60T #:403V O1dINN d SlISodac NOIS 0£iE0 # �daQ SZZO-%09ZZ VA Tom'/HWP '.za suE a ZIH,LSaHONIM ZiOZ/SZ/9 �srbag a:)EQ SZZ XOEI •0'a TOOOZL90000:# 21.0 'ddoQNHo WyI'I'IIM ' J �axory hSNnoJ x3lusca-dd Z d I J H d X FI s H FREDERICK fl KENT STRUNTY EET�R 107 NORTH SUITE 100 For Tax Info W FREDTAX.,r," tion & online Pa menu WW DATES TO REMEMBER B iness EquipmentlLicense Mar.l Must be filed Business License tax due June 5 n. 1 First Half Taxes Due upersonal Property Real Estate Sanitary District Street Light Star Fort Dec. 5 Second Half Taxes Due Personal Property Real Estate Sanitary District Street Light Star Fort Dog tags renew upon expiration of rabies certification. Other due dates as billed by the Commissioner of the Revenue's Office. Mai p Address Frederick County Treasurer P.O. Box 225 Winchester, VA 22604--0225 VARIANCE APPLICATION #05-12 WRIGHT RENOVATIONS, INC. Staff. Report for the Board of Zoning Appeals Prepared: July 30, 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: August 21, 2012 — Pending LOCATION: East Side of Welltown Road (Route 611) approximately 0.25 miles south of the intersection with Rest Church Road (Route 669). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 33-A-1313 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Use: Orchard South: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: Residential West: RA (Rural Areas) ' Use: Residential VARIANCE REQUESTED: The applicant is requesting a 73 foot right side variance, resulting in a 27 foot right side setback, and a 35 foot left side variance, resulting in a 65 foot left side setback, for a single family house to be built on an existing foundation (please see attached letter signed by Timothy Painter, P.E.). REASON FOR VARIANCE: No primary structure can be constructed due to overlapping 100 foot building restriction lines. 0 0 Variance Application #05-12 — Wright Renovations, Inc. July 30, 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 district 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; and 50 feet to both sides. Based on the Gainesboro Fire Department records, the previous dwelling was destroyed by fire on Sunday, January 3, 2010. The Ordinance allows reconstruction of non -conforming use within one year; but because non -conforming use was not re-established within that year, Section 165-901.02 of the Zoning Ordinance deems this use discontinued. Therefore, construction of the dwelling has to meet today's regulations with regards to minimum setbacks in the RA (Rural Areas) zoning district. If the dwelling cannot meet today's setback regulations. the property owner may apply for a variance to reduce setback regulations. On July 19, 2012, The Health Department provided documentation that the existing sewage disposal system appears to be functioning and, after minor repairs (replace conveyance line and distribution box) at the time of their inspection, they have no objection for a building permit for a three bedroom dwelling on the property. The applicant is requesting a 73 foot right side variance, resulting in a 27 foot right side setback, and a 35 foot left side variance, resulting in a 65 foot left side setback, for a 54'x28' or 1,512 square foot single family house with a 34'x24' attached garage. It is worth noting that the original dwelling did not have an attached garage as part of the existing foundation and, according to the Commissioner of Revenue files, the house was 1,463 square feet; a difference of 49 square feet. STAFF CONCLUSIONS FOR THE AUGUST 21, 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. its m-i linausmai, ugm uiscnccl M2 (Industrial, General District) 00 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) Note: VAR # OS _ 12 Frederick County Dept of Wright Renovations Inc Planning & Development 107 N Kent St PINS: Suite 202 e 33 -A - 13B Winchester, VA 22601 Left and Right Side Yard 540 - 665 - 5651 Variance Map Created: June 27, 2012 Staff: djohnston 0 75 150 300 Feet 0 0 PAINTER-LEWIS, P.L.C. CONSULTING ENGINEERS 817 Cedar Creek Grade, Suite 210 Winchester, Virginia 22601 Mr. Jolin Trenaay, Building Official Frederick County Inspections Department 107 North Dent Street Winchester, Virginia 22601 Re: Existing Foundation 2660 Welltown Pike. Clear Brook, Virginia Tel.: Fax. June 12, 2012 (540) 662-5792 (540) 662-5793 Dear Sir: Pursuant to the request of Mr. Wayne Wright, of Wright Services, Inc., this letter shall address the condition of the existing foundation wall system of this House that was subjected to fare damage at the above -referenced address. This report has been based on the site visit and general visual 'inspection of the existing foundation wall system, as performed by this office on Wednesday, May 9, 2012. As stated above, this residential structure was subject to a recent fare that resulted in the complete demolition of the superstructure of this residence. At the time of this inspection., the only remaining portion of this structure was the basement foundation wall system, concrete slab -on -grade floor system, and the footing system (assumed). Generally, the foundation wall system is rectangular in geometry and consists of a 12" non -reinforced concrete masonry unit (CMU) wall section that is approximately eight feet (A') in height. The unbalanced earth backfill ranges in height to an approximate maximum height of seven feet (7'). A portion of the foundation wall system has some loose or missing CMU block courses and the rear wall has deflected (bowed) inward due the unbalanced backfill height. Additionally; there is no first floor diaphragm to support (pin) the top of the wall. because of the fare damage which is contributing to the movement in the rear wall. The wall does not appear to have suffered any measurable damage due to the fire; and appears to be adequate to serve as the foundation system for the residence to be reconstructed oil this site. There are: soave issues that must be addressed prior to the reconstruction of the +.•., M,,,.� of thic hniica T'it'c4 all 1oer, nr niics.ina C`MTT hlocic courses must be replaced and • • Mr. John Trenary, Building Official Frederick County Inspections Department June 12, 2012 2660 Welitown Pike, Clear Brook, VA. grouted solid to ensure that the bond strength between the existing and proposed masonry units is maintained and secure. Secondly, the section of wall that has deflected (bowed) inward must be corrected. The backfill material must be removed, along this section of the wall to the foundation drainage system (assumed), to relieve the lateral earth pressure on the wall. This should potentially allow the wall to rebound to its original alignment. Then this portion of wall must be grouted solid to ensure that the bonding of the masonry components and the general structural integrity of the wall system is maintained for reuse. Finally, the allowable maximum height of unbalanced fill is six feet (6') for a 12" C1VI1J wall section that is eight feet in height under these in situ soil conditions. The current fill height is seven feet (7') so the walls must be fully grouted to adequately support the unbalanced fill height. This grouting will ensure that there is adequate bond strength of the CN U units and that the structural integrity of this foundation wall system will be maintained. If these corrective measures are perfonned properly, this concrete masonry unit foundation wall system will have adequate capacity to support the superstructure of this residence. After completion and curing of the grout, the proposed reconstruction of tlus residence may commence pending inspection and approval of the building department. Thank you for your attention to this matter. If you would have any questions or would require further assistance please do not esitate to contact me. -f�,XLTf � of �t TIMOTHY G. PAINTER Uc. No. 0 t 8260 A �L4 . SSJO'�1Ai F'. yO c: Mr. F. Wayne Wright; President Wright Services. Inc. 124 Page Court White Post. Virginia 22663 Sincerely, G. Painter, P. E APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA -OFFICE USE ONLY - Variance Application .1o. 0 Submittal Date: 6. Fee Paid: es initials: Sign Deposit4 P)� Submittal Deadline: For the meeting of MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner other _X_. (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: OCCUPANT: (if different) NAME: Mike Artz CIO Marsh & Legge NAME: Wright Renovations, Inc. ADDRESS560 North Loudoun St._ ADDRESS:_124 Page Court Winchester, VA 22601 TELEPHONE: 540-667-0468 White Post, VA 22663 TELEPHONE: 540-539-4393 3. The property is located at (give exact directions and include State Route numbers): East side of Welltown Road (Va. Rte. 611) approximately 0.9 miles North of the intersection with Cedar Hill Road 4. The property has a road frontage of _240.6_feet and a depth of _353.09_feet and consists of _1.0009acres (please be exact). 0 5. The property is owned by Wright Renovations, Inc. as evidenced by deed from Shannon K. Ritter & Sue Ann Ritter recorded (previous owner) in Instrument #120004290, recorded in the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: Stonewall District 7. Property Identification No.: —TM #33-A-13B 8. The existing zoning of the property is 9. The existing use of the property is: 10. Adjoining Property: USE North Residential_ East Residential_ South Residential_ West Orchard wo vacant i ZONING 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.") A 73' Right Side yard variance for a proposed 2 car garage; a 69' Right Side yard Variance ;;� vm'A for an existing foundation; a 35' Left Side yard Variance for an existing foundation; ate.. Left Side yard Variance for a proposed 2 car garage 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 Subject property was created as a Family Variance lot in 1982 as described in DB 551 Pg 619. Existing foundation is the remains of a dwelling constructed in 1931 that recently was destroyed by fire and is considered a discontinued use per Section 165-901.02 of the Frederick County Zoning Ordinance. Adjoining properties are used for residential purposes and the immediately adjacent areas are completely wooded. No primary structure can be constructed on 7 subject property due to overlapping 100' side building restriction lines. 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 DK Russell & Sons Inc. Address 1537 Welltown Road Clearbrook, VA 22624 Property ID # TM #32-7-A Alta Chrisman Estate Address 596 Rest Church Road Winchester, VA 22603 Property ID # TM #33-A-12 Gary S. Ritter Address 2636 Welltown Road Winchester, VA 22603 Property ID # TM #33-A-13 Address Property ID # Address Property ID # Address Property ID # Address Property ID # 0 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. 9 Rebar Set A=102.61' R=345.00' D=17'02'30" C=102.24' CB=N 43'36'01" E Rebor Notes: Set 1. Boundary shown hereon was determined by a field run survey performed under my supervision on June 20, 2012. 2. This plat is subject to easements and restrictions of record. 3. No title report furnished. 4. No primary structure can be constructed on this parcel due to overlapping 100' side building restriction lines. Proposed F+�Jcak; Attached ems• Garage 1, O �� O• Gary S. Ritter DB 259 Pg 358 & Will Inst. #060000181 6.33 Ac. ;r 1.0009 Ac. Proposed Land Development Plan 1.0009 Acre Parcel Wright Renovations, Inc. TM 133-A-13B Inst. #120004290 Stonewall District, Frederick County, Virginia TM #33-A-12 Alta G. Chrisman Estate DR 497 Pqq 893 15.73 Ac. 14- DATE- 0612012012 SCALE.- 1" = 50' 1 SHEET 1 OF 1 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 — FAX (540) 667-0469 - EMAIL office®morshandlegge.com PLT H OF NICHAEL M. ARTZ Lic. No. 1513-B J!NO SUR141z .UUo DRAWN BY. MMA ID9116. dwg AGREEMENT VARIANCE # OT - %d— (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)-days 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 APPLICANT ✓ �,��� //j, , ���'\ DATE SIGNATURE OF OWNER ,J DATE " ®� (if other tha pplicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF 1, -�-j I -I- ACTION: APPROVAL SIGNED: BZA CHAIRMAN DENIAL DATE: - 2J-1`2 10 From:MAR`')II ANC, LEG$ 15406670469 12:02 #020 P.002/002 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Websitet www,co. rederick`Xgus Department of Planning & Develnpment, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile . (540) 665-6395 Know All M in By TbeRe Presents: That I (We) (Name) Undi3 MrIg :or Wright Renovation, Inc. (Phone) 540-53&4393 (Address) 12 Page ';euR, Whne Peal. VA 2808 the cwner(s) of all throe tracts or parcels of land (" Prmperty') conveyed to me (us), by deed reaerded in the Clerk's Offs a of the Circuit Court of the County of Frederick, Virginia, by Instrument 11 :), 1211004290 on Page ` _, and is described as Pamel: Lot: Block Section: do hereby rm 6, -,:metitute and appoint; (Name) MIch5 a M.Ariz Subdivision. 21180 Welltnwn Road (,Phone) &40-057-ee69 (Address) Bit NOMh I nudoun 31mat, Winchester Vs 226131 To act as m, true and Iawful attorney -in -foot for and in my (our) name, place and stead with full power and authority l ( ve) would have if acting personally to file planning applications for my (our) above described Property, inr- udirrf!: _E—_]_Rezoninag (including proffers) Conditional Use Permit Mastdr Development Plan (Preliminary and Final) Subdivision Site Plan _IZ—Variance or Appeal My attorney- n-far': shall Inve the authority to offer proffered conditions and to make amendments to previously approved pro Y'ered conditions except as follows: This author I- lion !than expire one year from the day it is signed, or until it 's otherwise scinded or modified, In witness thr ceof, :l ( h herew set (ou hand and seal this�a day of u—a— , 20 1 SignatarekEy /� •—rC �t— State of Virgi ua, C,ity/County ofV)p I, M(I.iJv it— PJ / / eertif that t to pVaon(s) who sighed aclff�iowle�dge. the ;iabefore mein th � ,4, �� &— 4t,� Notaly `ub& _ NOTARY - • aPV� '--'NOTARY NrD :fin and for the jurisdiction aforesaid, to they gmg tii `fit: ctsr,nally eared before me and has juri®diLti Gist l �R914 _ of r e .i�ly�iLQt,*Ga?-nExpires: '�. A LTH r11111tO, Community 77` It, CD W. lubal Early Dnv- C-) inches r126,1 '112 0 0 0 4 2 9 0 WPh. S40-723 0510 ' Y DEED This Deed, made this 4 day of April, 2012, by and between SHANNON K. RITTER and SUE ANN RITTER, parties of the first part/GRANTORS, and WRIGHT RENOVATIONS, INC., a Virginia Corporation, party of the second part/GRANTEE: WITNESSETH, that in consideration of the sum of Ten Dollars ($10.00) receipt of which is hereby acknowledged, and other good and valuable consideration paid or to be paid, the said parties of the first part/GRANTORS, SHANNON K. RTTTER and SUE ANN RITTER, do give, grant and convey with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto the party of the second part/GRANTEE, and WRIGHT RENOVATIONS, INC., its heirs and assigns, in fee simple, all those pieces or parcels of land situate in Frederick County, Virginia, and described as follows: A certain lot or parcel of land containing One (1) Acre, together with all rights, privileges, improvements and appurtenances thereto belonging, lying and being o situate along the Southeastern side of Virginia State Secondary Highway No. 661, N commonly known as the Welltown Pike, , just North of Grimes, in Stonewall $ District, Frederick County, Virginia, Recorded in Deed Book 551 at Page 621. ti S °> AND BEING the same property conveyed to the Grantors, by Deed, dated w September 8, 1982, and recorded in Deed Book 551, Page 619in the E = aforementioned land records. _ 3; Q. g Property address: 2660 Welltown Road, Winchester, Virginia 22603 TAX NUMBER: 33 A 13B This conveyance is made expressly subject to the easements, conditions, restrictions and rights of way of record contained in the deeds forming the chain of title to said property. U 0 Consideration: $55,000.00 eclp QQ z (O/ )3 Grantee's Address: l Zq �� wl1 r iC/ e� S��c iPrepared by: John C. Decker II w 2- -7CST CD w Wtbum the follrnving ug attm and aata the year and day 6mt about written. (sue I SHANNON K. RMER STATE OF COUNTY OF T hw iS, a Notary Public in and for the aforesaid county and pate do Husby certify that od this f _ day of April, 2012, before me, Slanoon K. Ritter, a party wbo is paaoaally well known to sae as the persoru wbo executed the foregoing and annexed Deed bearntg date on the J�L day of April, 2012, did person.&Uy appear before me in said county and pace afmmad, and acknowledged the same to be her act and deed GIVEN ands my hand seal this day of April. 2012, A D. Cr�iY INSOig Notary At01he ComtrtoawaflY of M►/w Pablie 7130M w commhakon Ettpka Jul 31. 2015 My Communion Expiread 0�j h5 SUE Axx -44A STATE OF COUNTY OF I, � a Notary Public to and for the aforesaid county and state do hereby cattily that this day of April, 2012, before me. Sue Ann Ritter, a platy Who is personally w�I,Jt{hown to no s the persons who executed the fweOoing and am=cd Deed bearing date oa the Lij_ day of April, 201Z did pcnP=Wty appear before me in said county and pate aforesaid, and adahowlsdged the same to be bar act and deod. G VEN under my band and seal, this 2 der of April, 2012, A.D. CANEY JANE PMMDIg a � t� CatrrrgawaNp a N lhublie 71a97S2 MyComnu-on Expire 31,2Et 5 w camtwatoa Exprsa Jul 71, 2015 VIRGIN A: This instrument of Arising tea, produced to me on y • a7• � a- :hl a:at 0%%1-. ,.%:,n,:nt Iher to annexed N:nS atlluei :.' to record. Taximposed by Sec. 58.1-802 of $ SL_ 00 , and i8.1-801 have been paid, if assessable 4L44 to jsr,.j , Clerk u 1 0 619 i I #2119 RY S RITTER ET UX t GA r * D TO: DEED * SHANNON K. RITTER, ETUX ********************************** 619 THIS DEED Bade and dated this 8th day of September, 1982. by and between Cary S. hitter and Csarline B. Ritter. his rife. parties of the first part, and Shannon R. Ritter and Sue Awe Ritter. his wife. -parties of the seen part. WTPNE srm1 That for and in consideration of the am of Ton Dollars (S10.00)'cash in hand paid. and other good and valuable consideration. the receipt of all of which is hereby acknovledgedg the maid parties of the first part do hereby grant. sell, and convey. with general warranty of title, unto the parties of the second part, as tenants by the entirety, with common law right of survivorship, a certain lot or parcel of land containing I Acre. together with all rights. privileges. improvement• and opfurtemocas thereto belonging. lying and being situate along the Southeastern side of Virginia State Secondary Highway No. 661. commonly known as the Welltown Pike. just North of Oriass. in Stonewall District. Prederick County. Virginia, and being a portion of that certain larger tract or parcel of land that was conveyed to the parties of the first part by Isaac L. tarns, at ux, by dead dat44 September 12tb. 1959. and of record in the Clerk's Office of the Circuit Court of Frederick County. Virginia. in Deed Book No. 259. page 358. A plat and Sates and bounds description of the within conveyed lend aade by Les A. Ebert. Surveyor, is attached to, and by this reference incorporated !a. this dead. It is expressly stipulated that said land is conveyed subject to all applicable, or legally enforceables easensatat if any, of record affecting said land. Except as noted above the aforesaid grantors covenant that they have the right to convoy the said land to the aforesaid grantees; that the said grantees shall have quiet possession of the said land. free from all encum- brances; that they have done so act to encumber the said land; and that they will execute all such further assurances of the said land as may be requisite. Witness the following signatures and seals. w-v .620 State of Virginia at 1arSs the foregoisg instrusrnt vas acknowledged before m this /—P—Agay of September. 1981. by Cary S. titter aed Caarlinta- D. Bitter. his wife. Py Commission expires Notary Public Li 0 t 1 ~� 0 s0. 30 l44 100 130 cNon S 43'36'01" 102.24' Amc 102.61' N 17'00'43"W -- 427, 32' _ rc •c��' ALTA CHRISMAN _._ D. B. 209 P. 179 O . a • r Ch N F-' 622 act 551 itu GV The Accompanying Plat is a Survey of the Northeastern Portion of the Land conveyed to Gary S. Ritter and Gearline B. Ritter by Deed dated 12 September 1959 in Deed Hook 259 Page 358. The said Land fronts the Southeastern Boundary Lines of the iielitown Pike - VirginiA Routs 661, and lies in Stonewall District, Frederick County. Virginias Beginning at a point in the southeastern Boundary Line(Arc Line) of Route 661. a corner to the fhrisman Land, the said point being S 170 00- 43- E - 10.88 ft. from a post, running with the two following Southeastern Boundary Lines - with the Arc Line 102.61 ft: (Chord S 430 36. 01- N - 102.24 ft. - R. 245 ft.)= thence S 350 04- 46- N - 137.75 ft. to a 4- pine tree, corner to the Retained Portion= thence with the Northeastern Line of the said Other Land S 510 041 26- E - 353.10 ft. to an iron pin in the western Line of the said Chrisman Landl yi4'A Or - N thence with the said Line N 170 00. 43 427.32 ft. to the beginning. S �� o LE A. ESERT S Containing - - 1.000 Acres cwtr%WE Ir. Surveyed - - - July 7, 1982 i MIA T.-is instrument wzi ' -day of as produces to ms o. t..b tiad with certificat of acknowlsd to retard Tax im 9-Gat thereto aanersd was I ' pa.ed by Sac. of ! and S3.54 have been Paid, if alas seblm i Clerk. t CJ Lord Fairfax Health District LORD Frederick / Winchester Environmental Health 6A AIRFAX 107 North Kent Street - Suite # 201 F Winchester, Virginia 22601 HEALTH DISTRICT Tel. (540) 722-3480 - Fax (540) 722-3479 www.vdh.virginia.gov To: Frederick County Building and Inspections From: Kevin D. Yost, Frederick -Winchester Health Department Date: July 19, 2012 VI VIRGINIA DEPARTMENT OF HEALTH Protecting You and Your Environment Subject: Existing sewage disposal system; Tax Map # 33-A-1313, 2660 Welltown Rd. The health department has no objection to a building permit for a three bedroom dwelling on the subject property. The existing sewage disposal system appears to be functioning , after minor repairs ( replaced conveyance line and distribution box), at the time of inspection. No guarantee is given or implied that this sewage disposal system will continue to function properly in the future. Repairs will be required if the system malfunctions. Such repairs may require the installation of an alternative sewage disposal system or a pump and haul system. This memorandum is released only to provide information to the Frederick County Building Department and is not to be used as information for a real estate transfer. Kevin D. Yost Environmental Health Specialist Senior n)�­­ r— J CEE Wg l JUL 2 0 2012 FREDERIC L�PLANNINC, K COUNTY P, DEVELOPMENT • VDH VIRGINIA Frederick County Health Department DEPARTMENT 107 N. Kent St. Suite 201 Winchester, VA 2260.1 OF HEALTH (540) 722-3480 Voice Protecting You and Your Environment (540) 722-3479 Fax Distribution Box Repair Permit Health Department ID Number: 69120186 Agent Information _Owner/ Owner: Wright's Renovation 2660 Welltown Rd Winchester, Virginia 22602 Owner Phone: (540) 869-4617 Location Information Property Address: 2660 Well Town Rd Locality: Frederick Directions: 11 north to left on Welltown Rd to right on property. General Information System Type: Septic Tank Only and Aggregate Trench Daily Flow: 450 gallons Type of Property: Residential Number of Bedrooms: 3 Sewer Line Distribution Box Information _ Existing No. of Boxes: 1 No. of Outlets: 8 _ Required to be watertight and level Conveyance Line/ Force Main Information Header Line Information Existing _ _ � Existing _ Septic Tank - Inlet Outlet Structure Percolation Lines and Absorption Area Capacity: Existing Existing The inlet structure shall be 1-2 inches higher than the outlet 1 structure and shall extend 6-8 inches below and 8-10 inches above the normal liquid level. The outlet structure shall extend j 35-40% below the normal liquid level and 8-10 inches above, the normal liquid level. To comply with the maintenance irequirements of 12 VAC 5-610-817 the septic tank must be provided with one of the following three options: 1) Inspection port, 2) Effluent filter, 3) Reduced maintenance tank Please Note: Distribution Box required to be replaced. If any other failures found during construction by licensed septic installer, please contact the health department. • Owner Information Wright's Renovation 2660 Welltown Rd l Winchester, Virginia 22602 Construction Drawing Construction Drawing Phone: (540) 869-4617 drawing of sewage disposal system and topographic features to Winchester MI 15 M1 m I Welltown Road Septic Tank / I 33-A-13B / I Not To Scale I � II I / I i r HD ID #: 69120186 This sewage disposal system construction permit is null and void if conditions are changed from those shown on the application or construction permit. No part of any installation may be covered or used until inspected, corrections made if necessary and the system is approved. The inspection will normally be made by the system designer, who may be an AOSE, PE, or EHS. Any part of any installation which has been covered prior to approval shall be uncovered, ifpecessary, upon direction of the Department or the system designer. July 18, 2012 January 18, 2014 evin D. Yost//TEriSS Issue Date Expiration Date Septic Repair Permit Attachment: NOTE: ISSUANCE OF A SEPTIC REPAIR PERMIT DOES NOT GUARENTEE THE FUTURE SATISFACTORY PERFORMANCE OF A SEPTIC SYSTEM. IF A REPAIRED SEPTIC SYSTEM FAILS TO WORK PROPERLY ON A YEAR-ROUND BASIS, FURTHER CORRECTION TO THE SYSTEM MAY BE REQUIRED. THE OWNER IS RESPONSIBLE FOR OBTAINING A HEALTH DEPARTMENT PERMIT FOR ANY FUTURE MALFUNCTIONS THAT REQUIRE REPAIR. When repairing a failed onsite sewage disposal system, protection of the public is the overriding concern. Failing septic systems may cause serious health threats to your family and neighbors, degrade the environment, and pollute water sources and supplies. Be alert to these warning signs of a failing septic system.- - Sewage surfacing in the drainfield area or area extremely saturated - Sewage backups in the house or slow draining - Sewage odors Septic systems must be maintained regularly to work efficiently. Neglect or abuse can cause failure. Here are some tips to consider and apply:. • Know the location of your septic system components (create a sketch) and keep accurate records of all maintenance on the system. • Have your tank pumped every 3 to 5 years to remove solids build up. • Practice water conservation by using water saving fixtures, repairing leaking faucets and toilets, running washing machines and dishwashers only when full and spreading out the uses over several days, and avoid long showers. • Divert all other water sources away from drainfield area such as roof gutters, foundation drains, water treatment equipment, sump pumps, and jacuzzi's/hot tubs, as well as surface water and drainage ditches from roads, culverts, and driveways. • Be sure none of the above mentioned items are plumbed into your drainfield. • Do not disturb the drainfield area by parking or driving on area, digging ditches in area for utility lines, pools, etc., and do not build any structures on area. • Maintain surface area of drainfield by reseeding with grass if needed, keep area mowed and do not allow large trees to grow on or around area, fill low areas, and "turtle back" the drainfield to ensure surface water drainage away from area. • Frequent parties or large gatherings may overload the septic system. The septic system is designed to handle normal daily household use. (Use Portable Toilets) • Do not put chemicals, non -degradable materials, or septic tank additives into your septic system. These products may kill the beneficial bacteria needed for treatment. 06 F08 Building Sketc Rec# 27765 1 4 Property Card Inquiry 0 STONEWALL Map 33 A 13B Name: RITTER SHANNON K & SUE ANN Sections: Sq Ft: Story: A BASE 1463 1.00 B DECK 128 1.00 C POR 21 1.00 D SPOR 288 1.00 F DECK 120 1.00 F1 Retrn F3 Exit F12 Next R# F2 NA F16 OI F10 Des Fll Val +-10---+---------24-----+ I I I I I I I I I FI I ----- 10------- 24--------+-------------+ +----+ D I I I I I 1 I I 6 2 I I 8 1 I I 6 BI I IA -------- 19----+---+----------28-------+ C� • COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING August 7, 2012 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #05-12 OF WRIGHT RENOVATIONS, INC. On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, August 21, 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 #05-12 of Wright Renovations, Inc., submitted by Marsh & Legge Land Surveyors, P.L.C., for a 73 foot right side variance, resulting in a 27 foot right side setback, and a 35 foot left side variance, resulting in a 65 foot left side setback, for. a single family house to be built on an existing foundation This property is located on the east side of Welltown Road (Route 611) approximately 0.25 miles south of the intersection with Rest Church Road (Route 669), and is identified with Property Identification Number 33-A-13B in the Stonewall 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. Dana M. Johnsto Zoning Inspector DMJ/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 0 This is to certify Ahatl the attached correspondence was mailed to the following on 3 n from the Department of Planning and Development, Frederick County, Virginia: 33 - A- • 13•B ---- -- -_ - -�•� WRIGHT RENOVATIONS INC 124 PAGE CT WHITE POST VA 22663 Marsh & Legge Land Surveyors 560 N. Loudoun St. Winchester, VA 22601 32 -7- - A. RUSSELL D K & SONS INC 1537 WELLTOWN RD i CLEAR BROOK VA 22624.1643 i 33 A- - 12- CHRISMAN ALTA EST C/O CHRISMAN PAUL 596 REST CHURCH RD WINCHESTER VA 22603.4441 - - - 33 - A- - _13- RITTER GARY S 2636 WELLTOWN RD WINCHESTER VA 22603.4428 STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, d 1 ereby certify that D a M. Johnston, Zoning Inspector, fort Department of Planning and Development, whose name is signed to the foregoing, dated � , has personally appeared before me and acknowledged the same in my Sta e and County aforesaid. Given under my hand this J a day of My commission expires on EBEVIERL H. DELLINGER NOTARY PUBLIC ISTRATION # 331878 NWEALTH OF VIRGINIAOMMISSION EXPIRES JULY 31, 2015 s7 0 V A9114AJ(�r_ 4(- © G=i 4, *:BARBARA-DATA PROCESSING FROW BEV - Planning Dept. Please print � sets of i els HANK subject property due to overlapping 100' side building restriction lines. (P/Q,67It, 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: ��. DK Russell &Sons Inc. Address 1537 Welltown Road Clearbrook, VA 22624 - - - -. Property ID # TM432-7-A Alta Chrisman Estate Address 596 Rest Church Road Winchester, VA 22603 - Property ID # TK#33-A-12 �✓ Gary S. Ritter Address 2636 Welltown Road Winchester, VA 22603 Property ID # TM ##33-A-13 Address Property ID # Address Property ID # Address Property ID # Address Property ID # A=102.61 ' R=345.00' Rebar Notes: D=17'02 30 Set 1. Boundary shown hereon was determined by a C=102.24' field run survey performed under my CB=N 43'36'01 " E June 0 sup2. rvision osubject This plat is ton eas0ements and restrictions of record. 3. No title report furnished. 4. No primary structure can be constructed on ��� this parcel due to overlapping 100' side � �Point building restriction lines. 6, TM #33-A-12 <, Alta G. Chrisman Estate DB 597Pq 893 Rebar-'- d Set Proposed 0 Attached Garage \ rn J, Ao, �� 0 P o co O gyp, . C o tom_ v R 0 Ln M M 0 1.0009 A c. Gary 5. Ritter 08 259 Pg 358 & Will Inst. #060000181 6.33 Ac. �S\\ Og, 1 Proposed Land Development Plan 1.0009 Acre Parcel Wright Renovations, Inc. TM #33—A-13B Inst. #120004290 Stonewall District, Frederick County, l/irginia DATE- 0612012012 1 SCALE.- 1 " = 50' 1 SHEET 1 OF 1 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 — FAX (540) 667-0469 — EMAIL office@marshandlegge.com T H OF �'PO MICHAEL M. ARTZ Lic. No. 1513—B DRAWN B Y. MMA 1D9116. dwg MARSH & LEGGE LAND SURVEYORS, P.L.C. 560 North Loudoun Street, Winchester, VA 22601 ■ 540-667-0468 ■ Fax: 540-667-0469 ■ E-mail: office@marshandlegge.com TRANSMITTAL COVER SHEET Date: June 21, 2012 Re: Wright Renovations Variance T.M. #33-A-13B TO: Mark Cheran Frederick County Planning 107 N. Kent Street Winchester, Virginia 22601 FROM: Michael M. Artz, L.S. WE ARE ENCLOSING THE FOLLOWING ITEMS: COPIES DATE DESCRIPTION 1 Application for Variance 1 06-21-12 1 Application Fee: Check #13258 (M&LLS) THESE ITEMS ARE TRANSMITTED FOR APPROVAL. REMARKS: J J U N 2 1 2012 FREDERICK COUNTY Pl ANNING & DEVELOPMENT iNTTLALS DATE & ME . amuum� �Mzr3t a Eric .C=Vc3 by Clerical staff (Date & TIme): U:1p=NCommonl w=cnt Apprval Fa=wpd