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Home My WebLink About02-13 Kelly Ritter - Stonewall - BackfileBOARD OF ZONING APPEALS Variance Request Tracking Sheet OPEN FILE: File opened Reference Manual updated/number assigned `7 /3 D-base updated q Location maps requested from Mapping Lt? Adjoiner list given to Planner 4/1q)13Q�kpplication Action Summary updated MEETING DATE: FINAL ACTION: CLOSE FILE: Approval (or denial) letter mailed to applicant/copy made for file & cc's File stamped "approved", "denied" or "withdrawn" /V Reference Manual updated D-base updated /3 Application Action Summary updated Sys ID # I r �1\L [ .� .'.............. ' ' � DATE tT[' � �T� �'� 1 \ O ■ "`i Y RECEIVED FROM = i)kc;)PJ-j (J O FOR RENT rr--�� FOR - 0-2 [ ii /l t 40�/7 ACCOUNT O CASH CHECK PAYMENT MONEY ORDER BAL. DUE OCREDIT CARD BY i - LLARS • � a r Wj% CPPY ofREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 May 22, 2013 Mr. Mike Artz Marsh & Legge 560 N. Loudoun St. Winchester, VA 22601 RE: VARIANCE REQUEST 402-13 Dear Mr. Artz: This letter is to confirm that the above -referenced variance application was approved by the Board of Zoning Appeals at their meeting on May 21, 2013. The request on parcel identified by Property Identification Number 33-A-12C was approved by the BZA to allow a 75 foot right side variance, resulting in a 25 foot right side setback, and a 50 foot rear yard variance, resulting in a 50 foot rear yard setback, for a single family dwelling. The property is located on the east side of Welltown Road (Route 611), approximately 0.9 miles north of the intersection with Cedar Hill Road (Route 671), in the Stonewall Magisterial District. If you have any questions regarding this action, please feel free to call this office. Sincerely, j� Mark R. Cher Zoning Administrator MRC/bad cc: Kelly Ritter, 216 Welltown Rd., Winchester, VA 22603 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 O;iicial 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 • 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: May 23, 2013 The amount of $50.00 was deposited in line item #3-010-019110-0008 for Mr. Kelly Ritter. He had a deposit for one sign for a Variance #02-13. Mr. Ritter 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: Kelly Ritter 2616 Welltown Road Winchester, VA 22603 RSA/pd Ip�'SI�,3I 13 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 SnOIHVA # £ T O z / V H.LNOW aH,l n-dH L 00'T99TT LSEIHH LNI /A LrlVNHd SaanrIONI an(I HDN` rjVS XaauJ yNaWdO'IanaQ 's ONINNVgd Aq pd 00' $ anQ aauuT-eg4 00'OOT $ PTEd qunc)wv 00' $ gsazaqul ,LNaWdOrISAS(I '9 JNINNVId 00' $ A4TEuad 00'OOT $ PTPd buiag Ted our.zd 00'OOT $ aoueTL snoznaad - JNINNtPId S,LISOdaG NOIS S601 # -4daQ S800T :# suEzy THWP/HWP :z9gsT5ag £TOZ/ZZ/6 a-42Q T0006L90000:# ja3pTy SZZO-VO9ZZ VA UHISSHONIM tREASVRER K N S��EEj 0011E ments Szz x0a 'o'a o�``nePa ur aaocx IO WKI'I'IIMN1 7,JMOJ xDIHa FortaX\ufo `N FREp�PXcp I Ia3ax xVy W EMgER H REM pPt�Stp Equ`pmeut�\\cerse ess 8us`n 1 Must be f\\ede�se t,X due Mar gu5\ness �t axes Doe PPr' 1 First a property re 5 Persov )oRea\ Estato p\str\ct Santa L\ghts SStart Fort ease tax v eh`c\es \�c es Doe d half tax se�O %\ p(operty pec 5 pets state Rea\ � p\str`ct Sa�`tat `ghts StCee State e \cease taX v e 01 rabies ceft.\bc3t`4 tags �e,\ew UP�e 5e p\� ef\evd o� �e oog Andress our�tY treasurer Mailing Frener%c-k r Bolt225 2 P r v A,,.zr p2 s .._,heste '_. .AAve5S _ .� \ ` ` -FIN /RENT ' Checking (97701) Rezoning --- VARIANCE APPLICATION #02-13 KELLY B. RITTER Staff Report for the Board of Zoning Appeals Prepared: May 1, 2013 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: May 21, 2013 — Pending LOCATION: East side of Welltown Road (Route 611), approximately 0.9 miles north of the intersection with Cedar Hill Road (Route 671). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 33-A-12C PROPERTY ZONING & USE: Zoned: RA Land Use: Vacant and Residential ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Use: Vacant South: RA (Rural Areas) Use: Vacant East: RA (Rural Areas Use: Residential West: RA (Rural Areas) Use: Vacant VARIANCE REQUESTED: The applicant is requesting a 75 foot right side yard variance, resulting in a 25 foot right side yard setback, and a 50 foot rear yard variance, resulting in a 50 foot rear yard setback, for a single family dwelling. REASON FOR VARIANCE: The placement of the drainfield leaves virtually no buildable area on the lot. Variance #02-13 — Kelly B. Ritter May 1, 2013 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, 100 feet to the left side, 100 feet to the right side, and 100 feet to the rear. Based on the small size of this property and the large setbacks associated with the RA zoning district, as well as the location of the drainfield, staff believes this does produce an undue hardship. The applicant is requesting a 75 foot right side yard variance, resulting in a 25 foot right side yard setback, and a 50 foot rear yard variance, resulting in a 50 foot rear yard setback, for a 1,728 square foot single family house. STAFF CONCLUSIONS FOR THE MAY 21, 2013 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. It appears that this variance meets the intent of the Code of Virginia, Section 15.2-2309 (2). This request from the current setbacks of the RA zoning district may be justified. - � • ��, �,; � �� >1�a. ..i ice. i Y F� .f i�4 - L4Y = I i +" Applications Parcels df Building Footprints 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) +f MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) 4" R5 (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) Note: VAR # 02 - 13 Frederick County Dept of Planning &Development e Kelly Ritter 107 N Kent St PINS: Suite 202 33 - A - 12C Winchester, VA 22601 665 Right Side and Rear Yard Variances Ma Cre - 5651 Map Created: April 24, 2013 Staff: djohnston 0 50 100 200 Feet Y f A APR 1 9 2013 APPLICATION FOR VARIANCE IN THE Gout Ty COUNTY OF FREDERICK, VIRGINIA �.P! F �`.':.. ." !T -OFFICE USE ONLY - Variance ApplicationNo. Submittal Date: Fee Paid: initials: -b GJ Sign Deposit -4f ft?6` 7 Submittal Deadline: L111q Xj 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: NAME: Mike Artz CIO Marsh & Legge ADDRESS560 North Loudoun_ _Winchester, VA 22601 TELEPHONE: 540-667-0468 OCCUPANT: (if different) NAME: _Kelly Ritter ADDRESS:_2616 Welltown Road_ _Winchester Va 22603 TELEPHONE: 664-0019 3. The property is located at (give exact directions and include State Route numbers): Q 5. East side of Welltown Road (Va. Rte. 611) approximately 0.9 miles North of the intersection with Cedar Hill Road The property has a road frontage of _204.97_feet and a depth of _197.36_feet and consists of _1.000acres (please be exact). The property is owned by _Kelly B & Pamela S. Ritter as evidenced by deed from Michael L. Bryan, Spec.Comr. recorded (previous owner) in Instrument #110008514 of the 9 deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: Stonewall 7. Property Identification No.: 33-A-12C 8. The existing zoning of the property is: RA 9. The existing use of the property is: —vacant 10. Adjoining Property: USE ZONING North vacant RA East _residential_ RA South _vacant RA West vacant RA 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 75.0' right side yard variance and a 50.0' rear yard variance for a proposed _dwelling 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 _parcel was created prior to adoption of current Zoning regulations and together with the drainfield site, there is virtually no buildable area on the lot 13. Additional comments, if any: 7 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 Betty C. Cole & John M. Cole, Sr. Address 406 Gray Avenue, Winchester, VA 22601 Property ID #TM #33-A-12A & 12B Alta Chrisman Estate Address 596 Rest Church Road Winchester, VA 22603 Property ID # TM #33-A-12 Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # 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 '3 lines and to the nearest structure(s) on adjoining properties. Please include any other exhibits, drawings or photographs with this application. 64 0 Notes: 1. Boundary shown hereon was determined by a field run survey performed under my supervision. 2. This plat is subject to easements and restrictions of record. 3. No title report furnished. 4. No primary structure con be constructed on this parcel due to a minimal area created by current Zoning Setbacks. Lot 2 TM #33-A-128 Betty C. Cole & John M. Cole, Sr. Inst. #020002043 1.000 Ac. Rebar 0 Found VEstng ell M 204 Lot 1 s TM #33-A-12A f ; x Betty C. Cole & John M. N Cole, Sr. II0Nn DB819Pg595 o Rebar 1.267 Ac. 0 3 Found C, N 07'17'02" W 31.74' Rebar Found / Main structure 6Sj+ building area per W current regulations Lot 3 8618' 1.000 Ac. -A I 0 gR� �0 I Droinfield & 3 20.0' Ir�Reserve 54'0' Poposed Dwelling 5i 110.0' Set W S 133a�4 Rebar Found TM #33-A-12 Alta G. Chrisman Estate DB 497 Pqq 893 15.73 Ac. Proposed Land Development Plan 1.000 Acre L o t Kelly B. Ritter & Pamela S. Ritter. TM #JJ—A-12C Inst. #110008514 Stonewall District, Frederick County, Virginia DATE.- 0411812013 I 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®morshondlegge.com Rebar Found 'F Pt't H Or MICHAEL M. ARTZ -w Lic. No. 1513-B / S U R*X9 DRA WN B Y.- MMA 1D9716. dwg 8 0' AGREEMENT VARIANCE # 0,Z "/3 (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 PF APPLICANT DATE Q �� SIGNATURE OF OWNER /Ww DATE �g if other an applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF ACTION: - DATE- / r A APPROVAL SIGNED: BZA CHAIRMAN DENIAL DATE: 'y 2 f '" 1, 3 10 Notes: 1. Boundary shown hereon was determined by a field run survey performed under my supervision. 2. This plot 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 a minimal area created by current Zoning Setbacks. Lot 2 TM #33-A-12B Betty C. Cole & John M. Cole, Sr. Inst. #020002043 1.000 Ac. 2134 91 Lot 1 TM #33-A-12A �. ➢ x Betty C. Cole & John M. 0 N r Cole, Sr. DB819Pg595 U' Rebar 1.267 Ac. I � 0 m Found N 07' 17'02" W 31.74' Rebar Found L�,_ ' Main structure 6626b- building area per by Rebar current regulations Lot 3 8g 78' Found 1.000 Q c • Rebar Existing ' ` Well 60' gR�j � Found w. -r I gR� o� M I Drainfield & I 3 20.0' Imo -Reserve I o 6, 54'0" Ln N Proposed � M Dwelling N o 25 p 54'0" I / Cl) 110.0, 01 \ o I Rebar Found TM #33-A-12 Alta G. Chrisman Estate DB 497 Pqq 893 15.73 Ac. Proposed Land Development Plan 1.000 Acre Lot Kelly B. Ritter & Pamela S. Ritter. TM #33—A —12C In s t. #110008514 Stonewall District, Frederick County, Virginia DATE.- 04/18/201.3 I SCALE- 1 " = 50' 1 SHEET 1 OF 1 Rebar Set PLT H of Q MICHAEL M. ARTZ v Lic. No. 1513—B Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 DRAWN BY MMA PHONE (540) 667-0468 — FAX (540) 667-0469 — EMAIL office@marshandlegge.com 1D9116. dwg 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING May 7, 2013 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #02-13 OF KELLY B. RITTER On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, May 21, 2013, at 3:25 p.m., in the Board Room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. Variance Request#02-13 of Kelly B. Ritter, submitted h5PL-s-ide arsh & Legge Land Surveyors, P.L.C., ot l�Mh for a 75 foe variance, resulting in a 25 foot lsetback, and a 50 foot rear yard variance, resulting in a 50 foot rear yard setback, for a single family dwelling. This property is located on the east side of Welltown Road (Route 611), approximately 0.9 miles north of the intersection with Cedar Hill Road (Route 671), and is identified with Property Identification Number 33-A-12C 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. DMJ/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify tha the attached correspondence was mailed to the following on � from the Department of Planning and Development, Frederick County, Virginia: 33 - A- - 12-C RITTER KELLY B RITTER PAMELA S 2616 WELLTOWN RD WINCHESTER VA 22603 - 33 A- - 12-A - COLE BETTY C COLE JOHN M SR 2718 WELLTOWN RD WINCHESTER VA 22603-4429 CHRISMAN ALTA EST CIO CHRISMAN PAUL 596 REST CHURCH RD WINCHESTER VA 22603.4441 . M. Johnston, Zfihing Inspector rick County PIdaning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I, , , I IkIll a Notary Public in and for the State and County aforesaid, do 4ereby certify that DanM. Jolulston, Zoning Inspector, forth Dkoa, [ment of Plaiuung and Development, whose name is signed to the foregoing, dated l ,has personally appeared before me and acknowledged the same in my State an County aforesaid. Given under my hand this J��a day of / 1k oi..-, Jo My commission expires on ,SE L H.NOTARY P LLINGER REGIBLIC STRATION # 331878 C M CC, SSION EXPIRESIWEALTH OF IA JIJLY 31 2015 N® AIkVU—Bi!IC O TO:BARBARA-DATA PROCESSING FROM:BEV - Planning Dept. Please print Isets of labels by THANKSI 14. The following names and addresses are all of the individuals, firms, or corporations owning property adj acent 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: MAILAIN Betty C. Cole & John M. Cole, Sr. Address 406 Gray Avenue, Winchester, VA 22601 Property ID #TM #33-A-12A,& 12B Alta Chrisman Estate Address 596 Rest Church Road Winchester, VA 22603 Property ID # TM #33-A-12 Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # 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 lwae�6�7 LM3 7563-9836 EBY/law Michael L. Bryan 116 S. Braddock St. Winchester, VA '10008514 THIS DEED, made and dated this 26th day of September, 2011, by and between MICHAEL L. BRYAN, SPECIAL COMMISSIONER, hereinafter called the Grantor; and KELLY B. RITTER and PAMELA S. RITTER, husband and wife, hereinafter called the Grantees. RECITALS: A. The County of Frederick, Virginia has previously instituted that certain civil case before the Circuit Court of Frederick County, Virginia styled County of Frederick. Virginia. Plaintiff v. Daniel E. Chrisman. et al, Defendants, Case No. CL10-855 seeking to sell the hereinafter described lot or parcel of land in order to satisfy delinquent real estate taxes. Michael L. Bryan was appointed Special Commissioner and was authorized and directed to make sale of the hereinafter described lot or parcel of land. By Decree Approving Sale Of Real Estate By Special Commissioner And Directing Distribution Of Sale Proceeds By Clerk entered by the Circuit Court of Frederick County, Virginia on September. 21, 2011, Michael L. Bryan, Special Commissioner, was authorized and directed to execute a special warranty deed to Kelly B. Ritter, or his designee, being the highest bidder for the Property. An attested copy of said Decree Approving Sale Of Real Estate By Special Commissioner And Directing Distribution Of Sale Proceeds By Clerk is attached hereto and incorporated herein by reference as if set out in full. NOW, THEREFORE, WITNESSETH: That for and in consideration of the sum Ten Dollars ($10.00), cash in hand paid, and other good and valuable consideration, : receipt of which is hereby acknowledged, the Grantor does hereby grant and convey, th special warranty of title, unto the Grantees, in fee simple, as tenants by the entirety th common law right of survivorship, the following property, to -wit: All of that certain lot or parcel of land, together with all improvements thereon all rights, rights of way, and appurtenances thereunto belonging, lying and being East of Welltown Road (Route 661) in Stonewall Magisterial District, Frederick 4 Michael L Bryan 116 S. Braddock St. Winchester, VA County, Virginia, containing 1.000 acre, more or less, designated as Lot 3 on that certain plat dated July 3, 1989, drawn by L. Allen Ebert, L.S., which plat is attached to and made a part of that certain Deed of Correction dated March 27, 1990, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia as Instrument No. 900002941 (Deed Book 743, Page 1730), which plat is incorporated herein by reference as if set out in full; together with the thirty (30) foot access easement for ingress and egress to Welltown Road (Route 661), as shown on said plat, for the use of the Grantees, their successors and/or assigns; and being the same property conveyed by Deed of Gift dated August 20, 1989, of record in the aforesaid Clerk's Office as Instrument No. 890007663 (Deed Book 727, Page 243). This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property; provided, however, that the foregoing shall not be deemed in any way to reinstitute or republish any restrictions of record that may have expired or lapsed. WITNESS the following sig ure an BRYAN, Special Commissioner STATE OF VIRGINIA, AT LARGE, CITY OF WINCHESTER, to -wit: The foregoing instrument was acknowledged before me on the 26th day of September, 2011, by Michael L. Bryan, Special Commissioner, whose name is signed to the foregoing Deed dated the 26th day of September, 2011. My commission expires January 31, 2014. 0"11110011" T qr .?4 eZ ..03 Z r: THIS INSTRUMENT PREPARED BY: Michael L. Bryan, Esquire 116 South Braddock Street Winchester, Virginia 22601 540/545-4130 Deeds\ MLB Special Commissioner to Ritter, Kelly and Pamela Michael L. Bryan 116 S. Braddock St. Winchester, VA CD CO Cri h LIZ. Q cr. VIRGIN IA: IN THE CIRCUIT COURT FOR FREDERICK COUNTY COUNTY OF FREDERICK, VIRGINIA, By C. William Orndoff, Jr., Treasurer, Plaintiff V. CASE NO.: CLIO-855 DANIEL E. CHRISMAN, et al, Defendants DECREE APPROVING SALE OF REAL ESTATE BY SPECIAL COMMISSIONER AND DIRECTING DISTRIBUTION OF SALE PROCEEDS BY CLERK WHEREAS, this matter came to be heard upon that certain Motion for Approval of Sale of Real Estate by Special Commissioner and Distribution of Sale Proceeds previously filed herein. It appearing to the Court that the duly appointed and qualified Special Commissioner, in full compliance with that certain Order Appointing Special Commissioner of Sale and Authorizing Sale entered by this Court on July 6, 2011, offer the following lot or parcel of land for sale, to -wit: Michael L. Braddock Sock 116 S. BraSt I I All of that certain lot or parcel of land, together with all improvements thereon Winchester, VA and all rights, rights of way, and appurtenances thereunto belonging, lying and being Michael L. Bryan 116 S. Braddock St Winchester, VA 0 OD -_.1 situate East of Welltown Road (Route 661) in Stonewall Magisterial District, Frederick County, Virginia, containing 1.000 acre, more or less, designated as Lot 3 on that certain plat dated July 3, 1989, drawn by L. Allen Ebert, L.S., which plat is attached to and made a part of that certain Deed of Correction dated March 27, 1990, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia as Instrument No. 90000294I (Deed Book 743, Page 1730), which plat is incorporated herein by reference as if set out in full; together with the thirty (30) foot access easement for ingress and egress to Welltown Road (Route 661), as shown on said plat, for the use of the Grantees, their successors and/or assigns; and being the same property conveyed by Deed of Gift dated August 20, 1989, of record in the aforesaid Clerk's Office as Instrument No. 890007663 (Deed Book 727, Page 243). Prior to sale, the Plaintiff commissioned an appraisal of the Property, which assigned a fair market value of Twenty Thousand Dollars ($20,000.00) for the Property. The Special Commissioner solicited private offers or bids for the Property; however, no private offers or bids were received by the Special Commissioner. The Special Commissioner gave notice of public sale by advertisement in The Winchester Star, which advertisement was published on August 6, 2011, August 13, 2011, August 20, 2011 and August 27, 2011, as more particularly set forth on that certain Certificate of Publication tiled in this case. In addition, notice of public sale was given to adjacent landowners and local real estate brokers. Michael L. Bryan 116 S. Braddock St Winchester, VA 0 cri (Xj At a public sale conducted on August 30, 2011, the Property was offered for sale to the highest bidder, and there were competing bidders. Kelly B. Ritter submitted the highest bid for the Property in the sum of Eight Thousand Dollars ($8,000.00). Upon due consideration of the Motion for Approval of Sale of Real Estate by Special Commissioner, the Court finds as follows: (A) That the Special Commissioner has carried out his duties in full compliance with the terms of that Order Appointing Special Commissioner of Sale and Authorizing Sale entered by this Court on July 6, 2011. (B) That the bid in the sum of Eight Thousand Dollars ($8,000.00) submitted by Kelly B. Ritter at public sale for the Property, being the highest bid offered at public sale, is hereby approved. (C) The sale of the Property to Kelly B. Ritter, or his designee, is hereby approved. Upon consideration of the foregoing, the Court ORDERS as follows: (1) The sale of the Property to Kelly B. Ritter, or his designee, is hereby approved. (2) The Special Commissioner is hereby authorized and directed to execute and deliver a Special Warranty Deed conveying the Property to the purchaser, Kelly B. Ritter or to his.designee, together with such other documents as are necessary to close upon the sale of this Property in consideration of the receipt of the balance of the purchase price in 3 CO cash, certified or cashier's check or wire transfer, which sums shall be paid to the Clerk of this Court. (3) Upon receipt by the Clerk of the balance due upon the purchase price in the sum of $3,000.00, the Clerk shall make disbursements as follows: (a) The sum of $3,922.88 shall be paid to Michael L. Bryan, Special Commissioner, for his attorney's fees and costs incurred in this matter. (b) The sum of $4,077.12 shall be paid to the Treasurer of Frederick County, Virginia in order to satisfy a portion of the delinquent real estate taxes due upon the Property. The Clerk is directed to mail a copy of this Decree to all counsel of record. Endorsement of counsel is dispensed with pursuant to Rule 1:13 of Rules of Supreme Court of Virginia. There being nothing further in this matter, this case is hereby ended and the Clerk is directed to remove the same from the active docket of this Court. V JUDGE S WAN, Special Scl 16 S. L. Bryan 16 S. Braddock St Commissioner Winchester, VA 'Fax Sales\Chrisman Mcree Approving Sale of Real Estate by Special Commissioner 1l A Copy Attest: Frederick County Circuit Coo Rebecca P. -W141111-1'K . Deputy Clerk VIRGINIA. FREDERICK COUNTY, SCT. 'Kris instrument ofwritins was produced to me on Ctt=a.�►1 at Ind with certificate of acknowledgement thereto 4mexeo was admitted to record. Tax imposed by Sec 58.1.802 of S and 58.1.80I have been paid, if assessable 4e., �O , Clerk