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HomeMy WebLinkAbout07-13 Anthony & Heather Locascio - Back Creek - BackfileBOARD OF ZONING APPEALS Variance Request Tracking Sheet OPEN FILE: I l 3 File opened a- 1� 13 Reference Manual updated/number assigned l'a 11 1 3 D-base updated �Q r.� 0 Location maps requested from Mapping 12 ( Q Adjoiner list given to Planner d Application Action Summary updated J MEETING DATE: ` 1 FINAL ACTION: a .�--o-r� -h`�(1 Lc�nc�ll�,1 i n ct Vv�2.ot �t�r a-IIbj14 CLOSE FILE: l `f Approval (or denial) letter mailed to applicant/copy made for file & cc's File stamped "approved", "denied" or "withdrawn" Reference Manual updated ao D-base updated Application Action Summary updated Sys ID # �! �.� -S 1C��3`IlQ NOTES RECEIP DATE I NO. 855809 RECEIVED FROM i h o n U Lo C-�u4-6 0 Tr _ 216 P_r r R, d . h('i n �,I� d�'su',y A 22 is oZ ADDRESS-- FOR ACCOUNT HOW PAID _ AMT. OF CASH ACCOUNT AMT. O PO CHECK 1� PAID BALANCE MONEY L DUE ORDER 4:4+ 1 4 . —A ,°° BV6 �© (JZQOj fiEDIFORM, Ci $�$�$ • 9 e FILE COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 February 20, 2014 Marsh & Legge Land Surveyors, P.L.C. Mike Artz 560 N. Loudoun St. Winchester, VA 22601 RE: VARIANCE REQUEST #07-13 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 February 18, 2013. The request on parcel identified by Property Identification Number 61-3-7 was approved by the BZA to allow a 57.6 foot front yard variance to a required 60 foot front setback. Since the variance was granted, it will result in a front setback of 2.4 foot along the Furror Field Court right-of-way. The property is located at West side of Perry Road (Route 619), 0.20 miles north of the intersection of Cedar Creek Grade (Route 622), in the Back Creek Magisterial District. If you have any questions regarding this action, please feel free to call this office. Sincerely, R. Cheran Zoning Administrator MRC/pd cc: Anthony Locascio, 215 Perry Road, Winchester, VA 22602 Gary Lofton, Back Creek District Supervisor J. Rhodes Martson and Greg Unger, Back Creek District Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue John Trenary, Building Official 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 12/18/2013 12:22PM F PROPE BUILDI 540 67S't302 I JIM STUTZMAN GM PARTS* I DECEMBER 10, 201 i OW ERS: ANTHONY AND HEATHER LOCASCIO .0 TION : 215 PERRY ROAD WINCHEST R VA 22602 10 0001/0001 i I AM AG REEABLE 10 THE CURRENT L CATION OF YOUR BUILDING AN IN FAVOR OF YOUR VARIANCE. i NAME: "D C V r ),1 ADDRESS: 1 L 7 �' t �c.� l /y1 C �j e , j e SIGNATI R`E: 12/17/2013 7:31 AM FAX 540 676302 JIM STUTZMAN GM PARTS* 16 0001/0001 DECEMBER 10, 2013 PROPERTY OWNERS: ANTHONY AND HEATHER LC BUILDING LOCATION: 215 PERRY ROAD WINCHESTER, VA 226 2 I AM AGREEABLE TO THE CURRENT LOCATION F YOUR BUILDING AND IN FAVOR OF YOUR VARIANCE. NAME: ADDRESS: SIGNATURE: 1 I 'z_ 12/13/2013 9:10 AM FAX 540 6 30 1 2 JIM:STUTZMAN GM PART 0004/0004 Anthony Locascio 215 Perry Road Winchester, VA 22602, December 8, 2013 Dear Anthony, This letter will confirm our receInt conversation concerning the location cf your new building. lam i agreeable to the current location of your building, land in favor of your varian, ce. If you have any additional questiDns, please feel free to contact meaty Mr convenience. Sincerely, Terry J Hanahan 180 Furrow Field Court I Winchester, VA 22602; 540-533-9956 terryhanahan@gmail.com 12/13/2013 9:09 AM FAX 540 6430 PROPERTY BUILDING ERS: A 7ION : JIM STUTZMAN GM ONY AN HEATHER LO 215 PERRY ROAD !INCHES ER, VA 22602 I AM AGREEAB E TO TH CL FAVOR OF YO R VARIiA CIE NAME: G ADDRESS:_ SIGNATURE:. IRRENT 0 TION OF YOQ R ' 1010001/0004 i i BER 10, 2013 IUILDING AND IN I• I' c 2 i 12/13/2013 9:09 AM FAX PROPERTY BUILDING AM AGRE FAVOR OF NAME:, ADDRESS: SIGNATUF 540 6*302 JIM STUTZMAN GM PARTSIP LimI I i DE E i BER 10, 2013 OWNERS.- ANTHONY ANE HEATHER LOCAS 10 i _OCA ION : 215 PEF RY ROAD WINCHEST R, VA 22602 i. :EABL.ETOTH CURRENT -OCATION OF YO R i BUILDING AND IN YOU R VARIANCE. i� 77 tE: -77 I i i i. I I. i i 1 i� i� i' i 0002/0004 12/13/2013 9:10 AM PROPE BUILDII IAMAl FAVOR NAME ADDRE SIGNA' FAX 540 6J1302 JIM STUTZMAN GM PART64 I I i DE E I BER 10, 2013 ffY OWNERS; ANTHONY AND HEATHER LOCAS 10 JG LOCA ION : 21S PERRY ROAD WIINCH EST R, VA 22602 3REEABL TO THE CURRENT I OCATION OF YOL. R BUILDING AND IN OF YOUf VARIA CE. ; ' I SS: 1 i P SURE: i � ! I z I I I 0003/0004 VARIANCE APPLICATION #07-13 ANTHONY & HEATHER LOCASCIO Staff Report for the Board of Zoning Appeals Prepared: December 29, 2013 Staff Contact: Mark Cheran, Zoning Administrator 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: January 21, 2014 — Pending LOCATION: The property is located at West side of Perry Road (Route 619), 0.20 miles north of the intersection of Cedar Creek Grade (Route 622). MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 61-3-7 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & USE: North: (Rural Areas) Use: Residential South: (Rural Areas) Use: Residential East: (Rural Areas) Use: Residential West: (Rural Areas) Use: Residential VARIANCE REQUESTED: The Applicant is requesting a 57.6 foot front yard variance to a required 60 foot front setback. Should this variance be granted, it will result in a front setback of 2.4 foot along the Furrow Field Court right-of-way. REASON FOR VARIANCE: Setback and permit violations. The Fredrick County Zoning Ordinance requires RA (Rural Areas) zoned properties have a 60 foot front yard setback from any right-of-way, road or ingress/egress easement. The Applicant has constructed an accessory structure that is in violation of the 60 foot setback. • AGREEMENT VARIANCE # (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 ✓/�'v DATE gwa 3 SIGNATURE OF OWNER /'#� DATE (if other than m icant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF ,�c� ��/3 / f ACTION: -DATE- APPROVAL DE IAL SIGNED: i DATE: BZA CHAIRMAN 11 �G<< COG Special Limited Power of Attorney a . County of Frederick, Virginia Frederick Planning Website: www.co.frederick.va.us 1734 1)]II Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents: That I (We) (Name) Anthony J. & Heather Locascio (Address) 215 Perry Road, - Winchester VA 22602 (Phone) 540-233-5789 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 030025295 on Page Parcel: 61-3-7 Lot: 7 Block: Section: do hereby make, constitute and appoint: (Name) Michael M. Artz and is described as Subdivision: George W. Cather Subdivision (Phone) 540-667-0468 (Address) 560 North Loudoun Street, Winchester, VA 22601 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: _Rezoning (including proffers) Conditional Use Permit _Master Development Plan (Preliminary and Final) _Subdivision Site Plan _Variance or Appeal My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: ���rnrrrrrr This authorization sha xpire one year from the day it is signed, or until it is otherwise rescillAo',f In witness thereof, I e) have here o set y ur) hand and seal this qlk day of � ''iy '•�r�+1,'; • PUBLIC • Signature(s) REG. #184263 _ `q o ; SSION S State of Virginia, C—ice/County of �--.��.e�t'�..e.r�� , To -wit: ��,�'•. " � ,.� � %,odd•, ......•�����s I, Q , {.c�� u� a Notary Public in and for the jurisQt�c4d, certF that the person(s) who signed to the foregoing instrument personally aprrrrrpeared before ine and has acknowledged the same before me in the jurisdiction aforesaid this �IjL day of ,(fee_- , 20/ 13 .. My Commission Expires: Notary Public • 0 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents: That I (We) (Dame) Anthony J. & Heather Locascio (Address) 215 Perry Road, Winchester VA 22602 (Phone) 540-233-5789 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 030025295 on Page , and is described as Parcel: 61-3-7 Lot: 7 Block: Section: do hereby make, constitute and appoint: (Name) Joan K. Fine Subdivision: George W. Cather Subdivision (Phone) 540-722-6800 (Address) 302 West Boscawen Street, Winchester, VA 22601 To act as my true and lawful attorney -in -fact for. and in my (our) name, place and stead with frill power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: _Rezoning (including proffers) 7_Conditional Use Permit _Master Development Plan (Preliminary and Final) ,_Subdivision FSite Plan -_Variance or Appeal My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall erve" ne year from the In witness thereof, I (we),hereto set my (ou; Signature(s) day it is signed, or until it is otherwise rescinded or modified. Itnd and seal this day of / , 20 /3 , ti "f L.,lt4,�& State of Virginia, City/County of y%,�/_, .€ �ztc� , To -wit: a Notary Public in and for the j $icE d1 certify a that the person(s) who signed to the foregoing instrument personally pearedtoz�. d:, acknowledged the same before me in the jurisdiction aforesaid this 7 day of , 20c v re _ Notary Public My Commission Expires: g15,6117 0 Notes: 1. Boundary shown hereon was taken from deeds of record and supplemented with a field run survey performed under my supervision. 2. This plat is subject to easements and restrictions of record. 3. No title report furnished. TM #61-3-5 Steven M. Jackson & Janet M Jackson TM #61-3-8 Terry J. Hanahan DB 787, Py 895 Lot 8 DB 932, P 1071 F1e1d al_ , — ' Point y �our, I Lot 5 F 6(r \ de privote— W 30p p0 Rebor Found TM #61-3-9 I I Ronold W. Grove & 60 BRA II Shirley E. Grove DB 494 Pg 392 & 1 DB 87g, Pg 394 I Lot J I l Lot 7 I l I I 1 4.91 Ac. 1 I I A T I 10 I o�'cs I C.i Z r� I I m TM #61-3-6 � A -a—.' Delmar Miner & I Im a Vivian Miner 3, cD I I DB 913, Pgg 1675 I Ic Lot b o I I + N I I I New I I Existing Accessory) Dwelling I Structurel I IN CD 132.4' 0 � 57.6' I l I I I I 1 I I I I 1 I Rebar 60' BRL Found at I I 7.70' -- S 23'18'09" E 309.20' Point Perry Road Point (VA40't R/Wi 9) �'lot O8 484 porrh TM #61-A-46A 9 5B8 Snapp Fxistin �1e��� Accessory Structure on Lot George W. Cather Subdivision in OB 484, Pg 589 Back Creek District, Frederick County, Virginia Scale: 1" =100' Date: December 9, y013 Present Owner: Anthony J. Locascio & Heather Locascio TM #61-3-7 Inst. #030025295 ID9570 T H OF i MICHAEL M. ARTZ Lic. No. ' 51 3—B d<k/-�' 09- 00! SUR�Fy .0 Marsh & Legge 4�J Land Surveyors, P.L.C. 560 North Loudoun Street Winchester, VA 22601 Phone (540) 667-0468 FAX (540) 667-0469 EMAIL off ice@marshandlegge.com • 0 Variance #07-13 — Anthony & Heather Locascio Page 2 December 29, 2013 STAFF COMMENTS: The Applicant has applied for a 57.6 foot front yard variance after Staff received a complaint of inoperable vehicles and an illegal business located at 215 Perry Road. During the inspection of the property, Staff noted an accessory structure in violation of the front setback. Staff researched if a building permit was issued for this accessory structure, there was no record of a building permit. The Applicant applied for a farm use exemption structure on February 19, 2013, and was granted an exemption by the Frederick Building Code Official on February 21, 2013. A building permit is therefore not required. The farm use application has a section that addresses minimum setbacks, and to contact the Frederick County Planning Department as to setback requirements. It would appear that the Applicant did not contact the Planning Department. The Applicant must also follow the definitions as required by the Code of Virginia and the 2009 Virginia Construction Code. These definitions are listed on the farm use application. Staff noted during the inspection of the property the accessory structure was not being used as a farm use building. A farm exempt structure is not exempted from the Frederick County Zoning Ordinance with regards to floodplain or setbacks of the RA (Rural Areas) Zoning District. The Applicant's property has the following setbacks: Front to Perry Road 60', Right 60', Left 50', and Rear 60'. The Applicant's property is surrounded by a right-of-way on three (3) sides. The center line of Furrow Field Court is the property line as shown on the plat submitted. Therefore, the applicant is in violation of the 60' front setback on this property. STAFF CONCLUSIONS FOR THE JANUARY 21, 2014 MEETING: The Code of Virginia 1950 as amended 15.2-2309(2) and Section 165-1001.2(C) of the Frederick County Zoning Ordinance states that no variance shall be granted unless the application can meet the following requirements: The strict application of the Ordinance will produce an undue hardship, the hardship is not generally shared by the properties in the same zoning district and vicinity, that the authorization of such variance will not be a substantial detriment to adjacent property, and the character of the district will not be changed by the, variance. This application for a variance does not meet the requirements as set forth by The Code of Virginia 1950 as amended 15.2-2309(2) and Section 165-1001.2(C) of the Frederick County Zoning Ordinance. The violation to the setback requirements of the RA Zoning District in regards to this accessory structure is self-inflicted, and does not produce an undue hardship as required by the above referenced Code (s). An undue hardship would apply only if a principal use could not be built on this parcel due to the ordinance that is in effect. An accessory structure has not met the threshold requirement of an undue hardship as to the use of the property. Therefore, this request for a variance of 57.6 feet resulting in a 2.4 foot front setback, from the current of the RA (Rural Areas) District setbacks is not justified. Staff would recommend denial of this variance application. Applications Parcels 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) • MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) i R5 (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) Note: VAR # 07 - 13 Frederick County Dept of Planning Development e Anthony and 107 N Kent St Heather Locascio site 202 Winchester, VA 22601 PINS: 540 - 665 - 5651 61 - 3 - 7 Map Created: December 13, 2013 Variance 57.6 ft right side yard Staff: mcheran 0 105 210 420 Feet 0 • j Variance Application # -1 ` t3 Submittal Date , Fee Amount Paid 440o.00 Sign Deposit Paid DEC 9 2013 APPLICATION FOR VARIANCE 1 � FREDERICK COUNTY, VIRGINIA -OFFICE USE ONLY - Submittal Deadline For the BZA Meeting of Initials: Receipt # S�Jcf MUST BE TYPED OR FILLED OUT IN INK — PLEASE PRINT 1. The applicant is the owner F1 other Iy l . (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: Michael M. Artz ADDRESS: 560 North Loudoun St Winchester, VA 22601 TELEPHONE: 540-667-0468 OCCUPANT: (if different) NAME: Anthony J. & Heather Locascio ADDRESS: 215 Perry Road Winchester VA 22602 TELEPHONE: 540-233-5789 3. The property is located at (give exact directions and include State Route Numbers): West side of Perry Road (Va. Rte 619) 0.20 miles north of the intersection of Cedar Creek Grade (Va. Rte. 622) 4. The property has a road frontage of 309.20 feet and a depth of 742.66 feet and consists of 5.05 acres (please be exact). 5. The property is owned by Anthony J. & Heather Locascio as evidenced by deed from Joseph P. & Venetia D. Leddy recorded (previous owner) in deed book no. on page or instrument number 030025295 of the deed books of the Clerk F7 of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: Back creek 7. Property Identification Number (P.I.N.): 61-3-7 8. The existing zoning of the property is: RA 9. The existing use of the property is: Residential/Agricultural 10. Adjoining Property: USE ZONING North residential RA East residential/agricultural RA South residential RA West - residential 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 57.6' right side yard variance to a required 60' Front Setback for Furrow Field Court, a private 60' wide private right-of-way. 12. List specific reason(s) why the variance is being sought in terms of, such as: ►Exceptional narrowness, shallowness, size or shape of property, or ►Exceptional topographic conditions or other extraordinary situation or condition of property, or ►The use or development of property immediately adjacent thereto Owner constructed the accessory structure in a location with reasonable access to the existing driveway and dwelling. The property does not appear to have the right to use Furrow Field Court and any other location would have entailed additional expense. 13. Additional comments, if any: Owner misunderstood the application process for an accessory structure and was under the impression that the required 60' front setback only applied to Perry Road and not to Furrow Field Court because Furrow Field Court is a private R/W. Even though, the structure was originally permitted as an agricultural building, which does not require a setback report, owner called the County multiple times to verify the setback requirements, before building, however, he was not able to get clarification. 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 prope.-tties 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 Delmar & Vivian Miner 167 Perry Road Winchester, VA 22602 Property # 61-3-6 Name Steven & Janet Jackson 210 Furrow Field court Winchester, VA 22602 Property #61-3-5 NameTerry Hanahan 180 Furrow Field Court Winchester, VA 22602 Property # 61 -3-8 Naive Ronald & Shirley Grove 170 Furrow Field Court Winchester, VA 22602 Property #61-3-9 Snapp 220 Perry Road Winchester, VA 22602 Eaarlton #61-A-48 Name Property # Name Property # Name Property # v��-9- 0, 13. Additional comments, if any: TO:BARBARA-DATA PROCESSING FROM:BEV - Planning Dept. Please print `--I- sets of labels by Sc� a , a01 '-ITHANKS! Owner misunderstood the application process for an accessory structure and was under the impression that the required 60' front setback only applied to Perry Road and not to Furrow Field Court because Furrow Field Court is a private RNV. Even though, the structure was originally permitted as an agricultural building, which does not require a setback report, owner called the County multiple times to verify the setback requirements, before building, however, he was not able to get clarification. 14. The following names and addresses are all of the individuals, firms, or corporatiotk.s 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 Delmar & Vivian Miner 167 Perry Road Winchester, VA 22602 Property k61=3-6,-__ � Name Steven & Janet Jackson 210 Furrow Field court Winchester, VA 22602 Property_#6=1-3-5 - Name Terry Hanahan 180 Furrow Field Court Winchester, VA 22602 Property61-3-8- Name Ronald & Shirley Grove 170 Furrow Field Court Winchester, VA 22602 Property .61-=3=9 --- Name Carlton Snapp 220 Perry Road Winchester, VA 22602 Property#_01-4-48 _-_-, Name Property # Name Property # Name Property # G ��,�,. ire a►• --r ..�- i7fA r 02 12.201d 13. Additional comments, if any: Owner misunderstood the application process for an accessory structure and was under the impression that the required 60' front setback only applied to Perry Road and not to Furrow Field Court because Furrow Field Court is a private RM. Even though, the structure was originally permitted as an agricultural building, which does not require a setback report, owner called the County multiple times to verify the setback requirements, before building, however, he was not able to get clarification. 14. The following names and addresses are all of the individuals, firms, or corporatiares 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 Delmar & Vivian Miner 167 Perry Road Winchester, VA 22602 Property # 6 1 -3-6 NameSteven & Janet Jackson 210 Furrow Field court Winchester, VA 22602 Property#61-3-5 Name Terry Hanahan 180 Furrow Field Court Winchester, VA 22602 Property # 6 1 -3-8 Name Ronald & Shirley Grove 170 Furrow Field Court Winchester, VA 22602 Property # 6 1 -3-9 Name Carlton Snapp 220 Perry Road Winchester, VA 22602 Property #61 -A-48 Name Property # Name Property # Name Property # 9 • 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 030025295 Consideration $242,000.00 Document Prepared By: Tax Map No: The Fincher Law Firm Grantee Address: 602 S. King Street 215 PERRY ROAD Leesburg, VA 20175 0 Winchester, VA 22602 File No. 03.20289J _ Gl This Deed, made this October 30, 2003, by and between JOSEPH P. LEDDY III and VENETIA D. LEDDY, husband and wife, parties of the first part ("Grantors"); and ANTHONY JOSEPH LOCASCIO and HEATHER LOCASCIO, . husband and wife, parties of the second part ("Grantees"). -Witnesseth- That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid, and other good and valuable consideration, receipt of which is hereby acknowledged, the Grantors do hereby grant, bargain, sell and convey, in fee simple, with GENERAL WARRANTY and English Covenants of title, unto the Grantees, as tenants by the entirety with common. law right of survivorship, all the following -described lot or parcel of land together with improvements thereon, situate, lying and being in the County of Frederick, Commonwealth of Virginia: See Attached Exhibit A AND BEING the same property conveyed to Joseph P. Leddy, III and Venetia D. Leddy, his wife, as tenants by the entirety with common law rights of survivorship by virtue of a deed dated September 20, 1990 and recorded September 20, 1996 in Deed Book 866 at Page 443, among the land records of Frederick County, Virginia. This conveyane.e is made expressly subject to the easements, conditions, restrictions, and rights -of -way of record contained in the instruments forming the chain of title to the property conveyed herein and to matters visible upon inspection. BO 1 CASE# a O� PIN # The said GrantOrs covenant that they have the right to convey the said land to the said Grantees; that they have done no act to encumber the same; that the said Grantees shall have quiet possession of the said land, free from all encumbrances except mentioned herein; and that they, the said Grantors, will execute such further assurances of the land as may be requisite. witness the following signatures and seals. Commonwealth of Virginia ) County of Frederick ) to wit: / The aforegoing deed was acknowledged before me on �1 do .�xrL�es by JOSEPH P. LEDDY III and VENETIA D. LEDDY. After recording, Mease return to: Quality Settlements 602 S. King Street Leesburg, VA 20175 My commission expires 2 0 Commitment Number: 03-2028 C:) SCHEDULE0,4 co PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: All that parcel of land situate about one (1) mile southwest of Occaquan In Back Creek Magisterial District, Frederick County, Virginia, and more particularly described as Lot 7 on the Plat and Survey by Richard U. Goode, Certified Land Surveyor, dated September 15, 1976, attached to and recorded with the hereinafter mentioned need, and by this reference made a part hereof as If set out In full, and being more recently described by plat and survey drawn by Douglas C. Legge, L.S., dated September 12, 1986, which said plat and survey is attached hereto and byu this reference hereby made a part hereof as set forth in full. LESS AND EXCEPT that portion of property of property conveyed to the Commonwealth of Virginia recorded in Deed Book 552 at Page 846. FOR INFORMATIONAL PURPOSES ONLY: 215 Perry Road, Winchester, VA 22602 VIRGINIA- FREDERICK COUNTY, SCR This instrument of writing was produced to me on 60-•1 D�3 at and with certificate of acknowledgement thereto annexed was admitted to record. T imposed by See. 58.1-802 of and 58.1-801 have been paid, if assessable 44ew j." 1rf'- , Clerk ALTA Commitment Schedule C Notes: 1. Boundary shown hereon was taken from deeds of record and supplemented with a field run survey performed under my supervision. 2. This plat is subject to easements and restrictions of record. 3. No title report furnished. TM #61-3-8 Terry J. Hanahan DB 787, Pg 895 Lot S TM #61-3-5 Steven M.Jackson & Janet M.Jackson DB 932, P9 1071 Lot 5 Rebar Found TM #61-3-6 Delmar Miner & Vivian Miner DB 913, Pgg 1675 Lot b 66 Court Furrow FPf1ake RIw — — Poi I I i 60 BRA I I I I I Lot 7 I 4.91 Ac. I I I I I J I m New ' Existing Accessoryl Dwelling Structure l Plot Og 484 North TM #61-A-46A 9 589 Snapp 1 TM #61-3-9 Ronald W. Grove & I Shirley E. Grove 1 DB 494 Pg 392 & DB 87§, P9 394 I Lot 9 I I z I I m I aC) CD 41 I �-n z co a- I �C-1 I �C I cD 32.4' 15ni I I I I I I 1 1 � I _ _ _ --11 1 Rebar 60' BRL Found at I 7.70' -- S 23'18'09" E 309.20' Point Point Perry Road (VA40t Rte. I. PYi<tinn %DUI A��occnrl CZ+ryr+ur,o ^n Lot George W. Cather Subdivision in DB 484, Pg 589 Back Creek District, Frederick County, Virginia Scale: I" =100' Date: December 9, 2013 Present Owner: Anthony J. Locascio & Heather Locascio TM #61-3-7 Inst. #030025295 ID9570 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING February 4, 2014 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #07-13 OF ANTHONY & HEATHER LOCASCIO On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, February 18, 2014, at 3:30 p.m., in the Board Room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This is a public hearing to consider the following application: Variance Request #07-13 of Anthony & Heather Locascio, submitted by Marsh & Legge Land Surveyors P.L.C., for a 57.6 foot front yard variance to a required 60 foot front setback will result in a 2.4 foot front setback. This property is located on the West side of Perry Road (Route 619), 0.20 miles north of the intersection of Cedar Creek Grade (Route 622), and is identified with Property Identification Number 61-3-7 in the Back Creek Magisterial District. Any interested parties may attend this hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's website at www.fcva.us. Sincerely, Mark Cheran Zoning Administrator MRC/pd k\ 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on I from the Department of Planning and Development, Frederick County,'Virginia:- 61 3- - 9- - - — 61 3 7 - GROVE RONALD W LOCASCIO ANTHONY JOSEPH GROVE S E LOCASCIO HEATHER 170 FURROOWW FFI ELD CT 215 PERRY WINCHESTER VA 22602.2627 WINCHESTER VA 22602.2649 61 A- - 48- __ SNAPP CARLTON R 61 •3- - 6- 220 PERRY RD MINER DELMAR WINCHESTER VA 22602-2644 MINER VIVIAN 167 PERRY RD _ WINCHESTER VA 22602-2648 - --61-.3._--5 _ JACKSON STEVEN M JACKSONJANET M 210 FURROW FIELD CT WINCHESTER VA 22602.2655 61 - 3- - 8- HANAHAN TERRY J 180 FURROW FIELD CT WINCHESTER VA 22602.2627 Mark R. Cheran, Zoning & Subdivision Administrator Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, do hereby certify that Mark R. Cheran, Zoning & Subdivision Administrator for the De artment of Planning and Development, whose name is signed to the foregoing, dated `�// y , has personally appeared before me and acknowledged the same in my Stateand County aforesaid. Ik) k7 Given under my hand this � day of 7- My commission expires on 44� z" -Z) Q i Jep- NOTpqM LA DEETER� e�. �ARY PUBLIC C PIRES OMMONWEALTSSIH OF VIRGINIA XPIRF NOTARY PUBLIC oIR 31 E201.7 To: Barbara -Data Processing From: Pam -Planning Dept. Plea ppnn�ta ets of labels by Thanks! 13. Additional comments, if any: Owner misunderstood the application process for an accessory structure and was under the impression that the required 60' front setback only applied to Perry Road and not to Furrow Field Court because Furrow Field Court is a private RM. Even though, the structure was originally permitted as an agricultural building, which does not require a setback report, owner called the County multiple times to verify the setback requirements, before building, however, he was not able to get clarification. 14. The following names and addresses are all of the individuals, firms, or corporatioLs 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 I Name Delmar & Vivian Miner 167 Perry Road Property#61-3-6=- Winchester, VA 22602 FNameSteven & Janet Jackson 210 Furrow Field court Property#6173-5, ' Winchester, VA 22602 Name Terry Hanahan 180 Furrow Field Court Property#61-3-8 Winchester, VA 22602 Name Ronald & Shirley Grove 1170 Furrow Field Court Property #61-3-9 -, Winchester, VA 22602 Name Carlton Snapp 220 Perry Road Property#61-A=48:-_ Winchester, VA 22602 Name Property # Name Property # Name Property # Tl�'�� t 9 yy1 eC. , t� COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING February 4, 2014 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #07-13 OF ANTHONY & HEATHER LOCASCIO On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, February 18, 2014, at 3:30 p.m., in the Board Room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This is a public hearing to consider the following application: Variance Request 407-13 of Anthony & Heather Locascio, submitted by Marsh & Legge Land Surveyors P.L.C., for a 57.6 foot front yard variance to a required 60 foot front setback will result in a 2.4 foot front setback. This property is located on the West side of Perry Road (Route 619), 0.20 miles north of the intersection of Cedar Creek Grade (Route 622), and is identified with Property Identification Number 61-3-7 in the Back Creek Magisterial District. Any interested parties may attend this hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's website at www.fcva.us. Sincerely, - Mark Cheran Zoning Administrator MRC/pd 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 NOTIFICATION OF PUBLIC HEARING January 7, 2014 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #07-13 OF ANTHONY & HEATHER LOCASCIO On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, January 21, 2014, at 3:30 p.m., in the Board Room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This is a public hearing to consider the following application: Variance Request #07-13 of Anthony & Heather Locascio, submitted by Marsh & Legge Land Surveyors P.L.C., for a 57.6 foot front yard variance to a required 60 foot front setback will result in a 2.4 foot front setback. This property is located on the West side of Perry Road (Route 619), 0.20 miles north of the intersection of Cedar Creek Grade (Route 622), and is identified with Property Identification Number 61-3-7 in the Back Creek Magisterial District. Any interested parties may attend this hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, 1Vfark Cheran Zoning Administrator MRC/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This i_s o certify that the attached correspondence was mailed to the following on 1 )� from the Department of Planning and Development, Frederick County, Virginia: — — - 61 -3- - 9- 61 -3- - 7- GROVE RONALD W LOCASCIO ANTHONY JOSEPH GROVE SHIRLEY E LOCASCIO HEATHER 170 FURROW FIELD CT 215 PERRY RD WINCHESTER VA WINCHESTER VA 22602.2649 -- - - -- - - 61 - A- - 48- 61 -3- - 6- SNAPP CARLTON R MINER BELMAR 220 PERRY MINER VIVIAN WINCHESTERR VA 167 PERRY RD WINCHESTER VA 22602-2648 61 -3- - 5- JACKSON STEVEN M JACKSON JANET M 210 FURROW FIELD CT WINCHESTER VA 22602.2655 61 -3- - 8- HANAHAN TERRY J 180 FURROW FIELD CT WINCHESTER VA 22602.2627 22602.2627 22602.2644 ark R. Cheran, Zoning & Subdivision Administrator Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK I, 7 Q/V1 t f a ���e_C .. ) , a Notary Public in and for the State and County aforesaid, do hereby certify that Mark R. Cheran, Zoning & Subdivision Administrator for the D77/1 rtm ant of Planning and Development, whose name is signed to the foregoing, dated L , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of My commission expires on PAMALA DEETER NOTARY PUBLIC REGISTRATION # 354474 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES iDECEMBER 31, 2017 �nfC) NOTARY PUBLIC COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING January 7, 2014 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #07-13 OF ANTHONY & HEATVIER LOCASCIO On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, January 21, 2014, at 3:30 p.m., in the Board Room of the Frederick County Administration Building at 107 N. Kent Street, Wi � chester, Virginia. This is a public hearing to consider the following application: Variance Request #07-13 of Anthony & Heather Locascio, submitte by Marsh & Legge Land Surveyors P.L.C., for a 57.6 foot Wiside yard variance to a required � 0 foot front setback will result in a 2.4 foot front setback. This property is located on the West si e of Perry Road (Route 619), 0.20 miles North of the intersection of Cedar Creek Grade (Route 62 ), and is identified with Property Identification Number 61-3-7 in the Back Creek Magisterial Dist ict. Any interested parties may attend this hearing. A copy of the application will e 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, Xirginia. Sincerely, , �l�a1k Chem Zoning Administrator MRC/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 11 .CC11- ADVERTISEMENT TO: Winchester Star - Advertising Department FOR PUBLICATION: Tuesday, January 7, 2014 and Tuesday, January 14, 2014 TYPE OF AD: Legal Ad DATE: January 3, 2014 The Frederick County Board of Zoning Appeals will meet on Tuesday, January 21, 2014, at 3:30 p.m. in the Board Room of the Frederick County Administration Building at 107 N. Kent Street in Winchester, Virginia, to administer the following: 0-7 Variance Request 9"M-13 of Anthony & Heather Locascio, submitted by Marsh & Legge Land Surveyors, P.L.C., for a_57.6 foot right -side yard variance to a required-60 foot front setback. This_ property is located on the West side of Perry Road..(Route 619), 0:20-miles North of the intersection of Cedar Creek Grade (Route 622), and is identified with Property Identification Number 61-3-7 in the Back Creek Magisterial District. Interested citizens who wish to speak may attend this public hearing. You can visit us on the web at: www.fcva.us. Mark R. Cheran, Zoning Administrator J-o \D.�' �� CJ_ ADVERTISEMENT TO: Winchester Star - Advertising Department FOR PUBLICATION: Tuesday, January 7, 2014 and Tuesday, January 14, 2014 TYPE OF AD: Legal Ad DATE: January 3, 2014 The Frederick County Board of Zoning Appeals will meet on Tuesday, January 21, 2014, at 3:30 p.m. in the Board Room of the Frederick County Administration Building at 107 N. Kent Street in Winchester, Virginia, to administer the following: 0-7 Variance Request 4156-13 of Anthony & Heather Locascio, submitted by Marsh & Legge Land Surveyors,_P_.L.C.,_for a 5:7.6 footright- side -yard-variance to a-required-60 foot front -setback. This- _ property is located on the West side of Perry Road_(Route-61-9),-0-20 miles North of -the 'intersection of Cedar Creek Grade (Route 622), and is identified with Property Identification'Number 61-3`-7 in the Back Creek Magisterial District. Interested citizens who wish to speak may attend this public hearing. You can visit us on the web at: www.fcva.us. Mark R. Cheran, Zoning Administrator