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Home My WebLink About02-10 Old Virginia Land LLC - Back Creek - BackfileBOARD OF ZONING APPEALS Variance Request Tracking Sheet OPEN FILE: Allto File opened 116k116 Reference Manual updated/number assigned / D-base updated / Location maps requested from Mapping 1 4 //0 Adjoiner list given to Planner Application Action Summary updated MEETING DATE: 6 CLOSE FILE X) c� all7//d i-7/10 FINAL ACTION. Approval (or denial) letter mailed to applicant/copy made for file & cc's File stamped "approved", "denied" or "withdrawn" Reference Manual updated D-base updated Application Action Summary updated Sys ID # 6 0 o a� co E N _ ON i C CID v E Q Ln O N u C > v' p Ln � L tto Qj v c Z u L,D � � C i a Ln RECEIVED FROM ADDRESS J FOR RENT ❑FOR _ • • • AMT. OF CASH ACCOUNT AMT. PAID J CHECK BALANCE MONEY DUE ORDER DOLLARS $ BY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 February 17, 2010 Ms. Kenny Yost Old Virginia Land, LLC 101 Lee St. Winchester, VA 22601 RE: VARIANCE REQUEST #02-10 Dear Ms. Yost: This letter is to confum that the above -referenced variance application was approved by the Board of Zoning Appeals at their meeting on February 16, 2010. The request on parcel identified by Property Identification Number 69A-1-30-7 was modified by the BZA to allow a 5 foot left side yard variance, resulting in a 55 foot left side yard setback (corner lot parcel), and a 35 foot right side yard variance, resulting in a right side yard setback of 15 feet. The request for a 75 foot rear yard variance, resulting in a 25 foot rear yard setback, was approved as presented. The property is located south on Abelia Trail, Section 30, Lot 7 of Enon Springs, Shawneeland, in the Back Creek Magisterial District. If you have any questions regarding this action, please feel free to call this office. Sincerely, ark R. Cheran Zoning Administrator MRC/bad cc: Gary A. Lofton, Board of Supervisors, Back Creek District Greg Unger and Kevin Crosen, Back Creek Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue John Trenary, Inspections 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 VARIANCE APPLICATION #02-10 OLD VIRGINIA LAND, LLC Staff Report for the Board of Zoning Appeals Prepared: February 2, 2010 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: February 16, 2010 - Action Pending LOCATION: South on Abelia Trail, Section 30, Lot 7 of Enon Springs, Shawneeland MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 69A-130-7 PROPERTY ZONING & USE: Zoned: RA (Rural Areas) Land Use: Residential and Vacant ADJOINING PROPERTY ZONING & USE: North: RA (Rural Area) Use: Vacant South: RA (Rural Area) Use: Vacant East: RA (Rural Area) Use: Vacant West: RA (Rural Area) Use: Vacant VARIANCE REQUESTED: The applicant is requesting a 40 foot right side yard variance, resulting in a 10 foot right side yard setback, a 25 foot left side yard variance, resulting in a left side yard setback of 25 feet, and a 75 foot rear yard variance, resulting in a rear yard setback of 25 feet, for the construction of a single family dwelling. REASON FOR VARIANCE: With current setbacks and the size of the property, there is no buildable area to build a dwelling. Variance #02-10, Old Virginia Land, LLC February 2, 2010 Page 2 STAFF COMMENTS: Frederick County adopted zoning in 1967. The Frederick County historical zoning map shows this property was zoned A-2 (Agricultural General) in 1967. The property setback lines at the adoption of the zoning ordinance were 35 feet for the front and 15 feet for the side yards. Frederick County amended its Ordinance in 1989 and 2009 to change the A-2 zoning districts to the current RA -(Rural Areas) Zoning District, making the current setbacks for the property 60 feet to the front, 100 feet to the rear, 50 feet to the right, and 50 feet to the left. Based on the small size of this property and the large setbacks associated with the RA zoning district, the applicant is requesting a 40 foot right side yard variance, a 25 foot left side yard variance, and a 75 foot rear yard variance. This variance, if granted, would result in a 10 foot right side yard setback, a 25 foot left side yard setback, and a 25 foot rear yard setback. The majority of the properties located in the Shawneeland Subdivision are zoned R5 (Residential Recreational Community) and would have a setback of 35 feet from R.O.W., 25 feet in the rear and ten feet on both sides. This request from the current RA zoning district setbacks would result in setbacks similar to, but still larger than, the rest of Enon Springs. STAFF CONCLUSIONS FOR THE FEBRUARY 16 2010 MEETING: The Code of Virginia 15.2-2309 (2), states that no variance shall be granted unless the application can meet the following requirements: 1) The strict application of the Ordinance will produce an undue hardship. 2) The hardship is not generally shared by the properties in the same zoning district and vicinity. 3) That the authorization of such variance will not be a substantial detriment to the adjacent property and the character of the district will not be changed by the variance. The applicant is seeking this variance in order to construct a single-family dwelling. The following variance request meets the criteria of The Code of Virginia 15.2-2309 (2). Should this variance be granted, the building setbacks for this property would be 10 feet on the right side, 25 feet on the left side, and would change to 25 feet on the rear property line. m Old Virginia Land, LLC �P� 69A 130 29 v `kY" p 30 v m 9 OLD VIRGINIA LAND LLC ?i p 9 m w vP�� G�9 Zc� 09G�yn Variance # 02 - 10 Current Zoning y 'PA r in PIN: 69A - 130 - 7 $ y n � $ �� v o lks/ � �y O � `D pSZER SRC ,r'' T /PBf.`1PSR` y�G ZN �o O f o N - G19 yA WpRpE� yZ � y o q 55 $I_ rr O N W O 003 03 O r r� D C o ZL 0 N S N 2 \ _ 1 - --- — WARDENSVILis ait i--2d 69A 231 1 HORTON WILLIAM J & BRADLEY J �pG L Case Planner. N1Cheran Future W37 Bypass hntimg 4mf:pl lP.ctml.. pl.ml Mawlind Radnl \11Ondusn4l. C anavl-.n- • Opt IORa. pLnuLnurinP 1-1A 11(Ru..l.\ra. I—) - �LFLY O VAR021001tlVlgnaLandLLC NI (NuJ \ PAM rA ud Uutiiatl ne (Ilitpvr LduaaM1un Ul.vnfall \IIII I\In 111 l' munita UutrM) • Rd fkv.idantlal Pbnnvd (ommumn lhlnay) kPlknidrntlul Pelfunn.nca 111.Iriad) y�d�y�-,,�/. ' � Lh.n l4aebpmml lre. N3 (NuM . ( I UL IAaI) _ Nil (Indualn.4 LitAl lh —l) • \t� IplN--ppun Diatnnl • 10 (Rv -.1 k.crc.tion.l (ammunln Uul ) 31 N �SN c.\ N11Nudn. ,Induxtn.ITnnwnon UNllcl) �'llirl. ��v+. wE 0 125 250 500 Feet s �c1+9 OLD VIRGINIA LAND`' �B 199, 1 m 41 P v m a + s 00 my .c " v - StER SR r 1 D o a m y C 'o w' v o r � o ymy 7�t., yyo- �i o Z . 0' F y a° 9 •-• rmy vy(r R' 07 0 Y R) y O \ • M N 'gat r 1VAR;E4NWSV1L1LLE0CR 69A 231 1 _ HORTON WILLIAM J & BRADLEY J t �� Old Virginia Land, LLC Variance # 02 - 10 Aerial Photos (2006) PIN: 69A - 130 - 7 600 F— Rt21R ypass ini %em1, � h.\I (E.xlnctlre \Ianufvnuring lR (ael 112 (Indunaal, (:rnenl llulrictl {,Nw O\I II Hfice-\lanu[vatuang Pa rlV N.\lNunl.\rea lli.tact) OVAR0210 OltlVirginiaLantlLLC BI (8udnr�r, \elghburfiuod M.men • IIE: (HiCher kAunrion Matartl \IIII I\lub8e ilomr ('ommunin Dilactl -' RI INenldmBal Plvnnre (bmmm.Na l>itaNl NP (Ne.idrnrial Prr(+rmanrr lNrraaal � � - _ frban Derelnpmrnl\m H21NUMe r. (:enenlINrlrisll •\II (Indurtrl.4 l.igM1l iriatactl Ms(Medical'.PPo Mrtaci) -Ri(Rrxidmeial Recrevrinnal('ammunN2 Mrl—I '� - as Bnanr... ma"aa.l Fran-ruwn Dula.+) f{A we 0 125 250 500 Feet S t 1 � Map Document (F:1_1_Locator_Mps\2010\VAR0210_OldVirglniaLandLLC mxd) 1/20/2010 -- 12 14 35 PM 00 so APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA -OFFICE USE ONLY - Variance Application No. Submittal Date: // !�0 — Fee Paid: initials: Sign Deposit Submittal Deadline: / _ /0 For the meeting of ,)-6 MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner _X other . (Check one) Please list all owners, occupants (adult individuals as well as any entities occupying the property), or parties in interest of the property. 2. APPLICANT: 3 NAME:_ Old Virginia Land, LLC ADDRESS 101 Lee St. Winchester, VA 22601 TELEPHONE: 540-662-9470 OCCUPANT: (if different) NAME: ADDRESS: TELEPHONE: The property is located at (give exact directions and include State Route numbers): At the southwest corner of Abelia Trail and Capon Spring Trail in Back Creek District of Frederick Co. VA The property has a road frontage of _100.00 consists of 20,010 sq ft_ (please be exact). feet and a depth of 200.10 feet and 00 00 5. The property is owned by _Old Virginia Land, LLC as evidenced by deed from William G. Adams_ recorded (previous owner) in Instr. 050025678 on page 0001 of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: Back Creek District 7. Property Identification No.:_69A-1-30- 8. The existing zoning of the property is: —RA 9. The existing use of the property is: Vacant 10. Adjoining Property: USE North Vacant East Vacant_ South Residential West Vacant_ ZONING RA RA RA 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 40' side yard variance on the right and a 25' side yard on the left and a 75' rear yard variance to create a suitable building site. 12. List specific reason(s) why the variance is being sought in terms of: - X 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 7 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 William J. & Bradley J. Horton Address 690 Wardensville Grade, Star Tannery, VA 22654 Property ID # 69A-231-1 Stuart M. Perry, Inc Address 117 Limestone Lane Winchester, VA 22602 Property ID # 69.A-130-18 James S. & Bonnie W. O'Brian Address 100 Stone Point Dr. U301, Annapolis, MD 21401 Property ID # 69A-130-6 Richard A. & Lois M. Matthews Address 109 Palomino Way, Red Lion, PA 17356 Property ID # 69A-130-19 James R. Hutton Address 156 S. Erie St. Mayville, NY 14757 Property ID # 69A-130-17 Russell D. & Clara P. Jordan Address 400919th St. S., Arlington, VA 22204 Property ID # 69A-130-8 Address Property ID # 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. E DINING ROOM �m KITCHEN 92.28 SO FT 7'-3' 7.38 LIGHT REO'D 3.6969 PENT REO'D •F 16.40 LIGHT PROUD 23.03 VENT PROVO �i 32' 14'-8• CLG BEAM: 2-1 1/2"04• M.L GREAT ROOM 197.89 SO FT 15'53 LIGHT REO'D 7.92 VENT REO'D 24.30 LIGHT PROVO 30.66 VENT PROUD MW BM PRE—M ULL 76 3/4'x57 5/8 R 0 3046M-2 NOTES: ER(1D' DECO) 1. &UCPD WALL CAICUEAT"s • FIEICRrnvE AR01 oPWACwThe CAk) o11A fTATESIIEWNo CDDE oREQLWD.YEWWFEP .,R.rIKQ7ME1RucO MAYEREOAR 2. NONGABED FLUGH OfEH1f10. W REDONE A]OITI A WOPoI ON SITE TO COMPLETE THE DRYWALL W:CrI g I& 1 MW BM 76 3/4'c; I. 3046M-2 BEDROOM #1 170.30 SO FT 13.62 LIGHT REO'D 6.81 VENT REO'D 22.60 LIGHT PROVO 11.40 VENT PROUD CLO W 50" HALL BEDROOM #3 4' SL 107.71 SO FT 8.62 LIGHT REO'D 4.31 VENT REO'D 11.30 LIGHT PROVO 5.70 VENT PROUD 8'-1 U4• FIRST FLOOR PLAN CLO WALK—IN CLOSET BEDROOM #2 104.18 SO FT 8.33 LIGHT REO'D J' 4.17 VENT REO'D 22.60 LIGHT PROV'D 11.40 VENT PROUD 11'-5• MW 8M PRE —MULL 76 3/4'x57 5/8•R.O. 3046M-2 REFERENCE. PTV STATE: 25221 25221 VA ■PD CON 09N OYD BuL LD VIRGINIA LAND LLI C-TOMEKMWECT. DORSET excel HOMES WWW.EXCELHOMES.COM 300 CORPORATE OEM R OR SUTE S02 CAMP NLL. PA 17011 T16 W_A"0O .'U THE PROPERTY OF EXCEL H01" LLC. ANY WIA0DJC OE i ORA'MNo CA osf M PMR.ffTL MITIIOJf TIE EJSR6ee HMRTHI CORIENf Of Ewa ROES.ILC ANUSTMENTS MADE R CODE COMPLIANCE AND PRODUCTION CAPA&CITY DRAWING MAY BE REVERSED s C DRAW NG TITLE FIRST FLOOR PLAN 9GLE SHEET. 3 • NOTE: THIS LOT HAS NO BUILDING SITE DUE TO 50' SIDE SETBACKS AgEl 6 AR -VP-AIL gp'31.59_ E 100.00' N PROPOSED 4 DRAINFIELD LOT 7 201010 EXIST. 60 BRA sq. ft. r cn o z o i - c'Jn N LOT 6 N o o W 0 $ PROPOSED p' N 2,564 sq. it. 35. A DWELLING O I l m 1 A J 10 PROPOSED 25' BRL WELL PROPOSED N o 100.00' 32' 45" W S 80 69A-2-31-1 WILLIAM J. HORTON & BRADLEY J. HORTON 821/94(+ PROPOSED VARIANCE PLAT for LOT 7 PLAT 1, SECTION 30 ENON SPRINGS, SHAWNEENLAND BACK CREEK DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1" = 40' DATE: NOVEMBER 28, 2006 PRESENT OWNER: OLD VIRGINIA LAND, L.L.C. TM #69A-1-30-7 INST# 050025678 PROJECT #21619 qe7 PVT H OF MICHAEL M. ARTZ v No. 1951 Artz and Associates, PLC A Subsidiary of Valley Engineering, PLC LAND SURVEYING LAND PLANNING DEVELOPMENT 16 E®t P—dilly SI—t WINCHESTER, VA. 22601-4740 TEL 5,40-667-3233 FAX 540-667-9186 TOLL FREE 1 -600-755-7320 , AGREEMENT VARIANCE # 01 -/Q (Number to be assigned by the Planning Dept.) I (we), the undersigned, do hereby respectfully make application, and petition the Frederick County Board of Zoning Appeals (BZA) to grant a variance to the terms of the Frederick County Zoning Ordinance as described herein. I agree to comply with any conditions for the variance required by the BZA. I authorize the members of the BZA and Frederick County officials to go upon the property for site inspection purposes. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) 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 here' are, to the best of my knowledge, true. SIGNATURE OF APPLICANT V DATE SIGNATURE OF OWNER DATE (if other than applicant) -OFFICE USE ONLY- BZA PUBLIC HEARING OF /6 6 ACTION: ATE - APPROVAL SIGNED: —2� BZA CHAIRMAN DENIAL DATE: 1164o 10 i3-7439 Y/cmj o czb o 6 A n. o 3 ai m 3 05002567'R • 0 0 a�&19 THIS DEED, made and dated this day of October, 2005 by and between WILLIAM G. ADAMS, hereinafter called the Grantor, and OLD VIRGINIA, L,LC., a Virginia Limited Liability Company, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantors do grant and convey, with General Warranty and with English Covenants of Title, unto the Grantee, in fee simple, together with all rights, rights of way, privileges improvements thereon and appurtenances thereto belonging, all of the following realty: All of that certain lot or parcel of land lying and being situate in Back Creek Magisterial District, Frederick County, Virginia, designated as Lot7, Plat 1,` Section 30 , Shawnee Land Subdivision, as described and set forth in that certain Deed of Dedication of Marjec, Inc., dated July 13, 1970 of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 367, at Page 583. AND BEING the same property conveyed to William G. Adams, by Deed from William G. Adams and Alayne G. Adams, dated May 12, 1995 of record aforesaid Clerk's Office in Deed Book 869, at Page 380. Reference is hereby made to the aforesaid instruments and the references contained therein for a further and more particular description of the property conveyed herein. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty. The Grantor does hereby covenant that he has the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and he will grant such further assurances of title as may be requisite. i CD CD CD t`J WITNESS the following signature and seal: WILLIAM G. ADAMS STATE OF VIRGINIA COUNTY OF'�1 , To -wit: ,Jk.C6ljjck , a Notary Public in and for the State and jurisdiction aforesaid, �do hereby certify that William G. Adams, whose name is signed to the foregoing Deed, dated this 2� day of October, 2005 has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this _day of October, 2005. My commission expires Notary Public.<F. VIR( NIA: FREDERICK COUNTY. SCT. This instlument of writiab Was produced to me on �0 t _ 1 1- d - 05 at � , 3 5 Its and with certificate of aclmowledgement thereto ar-exeY '� �� .•A1�Q' ��` was admitted to record. T imposed by Sec 58.1-802 of °'�.,OJ I!y S aid 58.1-801 have been paid, if assessable C7erk C:\WPDO S\DEEDS\oldvi,ginlelot7plItl.tee.wpd COMMONWEALTH OF VIRGINIA VIRGINIA DEPARTMENT OF HEALTH Frederick County Health Department 107 N. Kent St. Winchester, VA (540) 722-3480 August 15, 2006 AOSE Certification Letter Old Virginia Land LLC 101 Lee Street Winchester, Virginia 22601 Re: Tax Map #69A-1-30-7; Dear Old Virginia Land LLC: This.letter is issued in lieu of a sewage disposal system construction permit in accordance with §32.1-164 H. of the Code of Virginia . The location and dimensions of the approved site are shown on the approved plat. The application for a certification letter was submitted pursuant to §32.1-163.5 of the Code of Virginia which requires the Health Department to accept private soil evaluations and designs from an Authorized Onsite Soil Evaluator (AOSE) or a Professional Engineer working in consultation with an AOSE for residential development. The site for an individual onsite sewage system was certified as being in compliance with the Board of Health's regulations (and local ordinances if the locality has authorized the local health department to accept private evaluations for compliance with local ordinances) by Evans, Karl E. , (540) 974-4830. This letter is issued in reliance upon that certification. The Board of Health hereby recognizes that the soil and site conditions acknowledged by this correspondence, and documented by additional records on file (including those by a private Authorized Onsite Soil Evaluator, ROSE, Evans, Karl E.) at the local health department, are suitable for the installation of an onsite sewage disposal system. The attached survey plat shows the approved area for the sewage disposal system and well. The plat must be'recorded for this letter to be valid. This letter is valid until a permit for construction is issued and the system is installed, inspected and approved. This letter is void if there is any substantial physical change in the soil or site conditions where the sewage disposal system is to be located. A permit to construct the sewage disposal system must be issued before construction of the system. If the property, owner (current or future) applies for a construction permit within 18 months of the date of this letter, the application fee paid for this letter shall be applied to any state fees for a permit to construct a system. After 18 months, the applicant is responsible for paying all state fees for a permit application: 0 • Tax Map #69A-1-30-7 This letter must be recorded in the land records within 90 days by the clerk of the circuit court in the jurisdiction where all or part of the site or proposed site of the system is to be located. The site shown on the plat is specific and must not be disturbed or encroached upon by any construction. To do so voids this letter. If not recorded in 90 days this letter is void. Upon the sale or transfer of the land that is the subject of this letter, the letter shall be transferred with the title to the property. Future owners are advised to review the plat for the location of the onsite sewage disposal area to make sure their building plans do not interfere with the area. If they have any questions regarding the location of the area, they should contact the AOSE or PE identified on the previous page prior to contacting the local health department for assistance. The area evaluated, and certified by this letter, is suitable to accommodate a 3 bedroom house using a system design of 450 gallons per day . The property will be served by a private water supply as shown on the attached plat. This letter is an assurance that a sewage disposal system construction permit will be issued (provided there have been no substantial physical changes in the soil or site conditions where the system would be located); however, it is not a guarantee that a permit for a specific type of system will be issued. The design of the sewage. system will be determined at the time of application for a building permit and sewage system construction permit. The design will be based on the site and soil conditions certified by this letter, structure size and location, .water well location (final determination to be made at time of permit issuance), the regulations in effect at the time, and any off -site impacts that may have occurred since the date of the issuance of this letter. In some cases, engineered plans may be required prior to issuance of the construction permit. In accordance with §32.1-164.1:1 of the Code of Virginia owners are advised to apply for a sewage disposal construction permit only when ready to begin construction. This certification letter may be subject to, and must comply with any applicable local ordinances. Sincerely, Steve Lee Manager Attachment: Surveyed Plat COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING February 2, 2010 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #02-10 OF OLD VIRGINIA LAND, LLC On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, February 16, 2010, at 3:25 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 #02-10 of Old Virginia Land, LLC, for a 40 foot right side yard variance, resulting in a 10 foot right side yard setback, a 25 foot left side yard variance, resulting in a left side yard setback of 25 feet, and a 75 foot rear yard variance, resulting in a rear yard setback of 25 feet, for the construction of a single family dwelling. This property is located south on Abelia Trail, Section 30, Lot 7 of Enon Springs, Shawneeland, and is identified with Property Identification Number 69A-1-30-7 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. D'ana M. Johnston 61 Zoning Inspector DMJ/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certi that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: — - - - — - - ------ -- -- - -- 69A . 1.30- 8- 69A -1-30. 7- JORDAN RUSSELL D. & CLARA P. OLD VIRGINIA LAND LLC 4009 19TH ST S 101 LEE ST ARLINGTON VA 22204.5115 WINCHESTER VA 22601.3827 69A - 2-31- 1 - — - ----- -- - HORTON WILLIAM J & BRADLEY J 6901 WARDENSVILLE GRADE STAR TANNERY VA 22654-1849 69A . 1.30- 18- \I PERRY STUART M INC 117 LIMESTONE LN WINCHESTER VA 22602.2272 69A .1.30. 6- O'BRIAN JAMES S & BONNIE W 100 STONE POINT DR UNIT 301 ANNAPOLIS MD 21401.6984 / 69A .1.30. 19 - - - MATTHEWS RICHARD A. & LOIS M. 109 PALOMINO WAY RED LION PA 17356.7907 69A • 1.30. 17- HUTTON JAMES R. 156 S ERIE ST MAYVILLE NY 14757.1217 10'ana M. John , Zoning Inspector Frederick Coun Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK, I, a Notary Public in and for the State and County aforesaid, do reby certify that D4 ' M. Johnston, Zoning Inspector for the.De artin t of Planning and Development, whose name is signed to the foregoing, dated , has personally appeared before me and acknowledged the same in my State L&ounty aforesaid. Given under my hand this == ��_. day ofg� om to r_�\ _Id My commission expires on BEVERLY H. DELLINGER NOTARY ID # 331878 NOTARY PUBLIC COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES JULY 31, 2011 o C( 13. Additional comments, if any: T�BARBARA-p ATA P FROM:BEV -PlROCESSING anning Dept. Please print sets of labels by � O THANKS! 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: �� / William J. &Bradley J. Horton J Address 690 Wardensville Grade, Star Tannery, VA 22654 Property ID # 169A-231-1✓ / .Stuart M. Perry,. Inc y Address 117 Limestone Lane Winchester, VA 22602 Property ID # 69A-130-18 / James S. & Bonnie W. O'Brian ✓ Address 100 Stone Point Dr. U301, Annapolis, MD 21401 Property ID # 69A=130-6' Richard A. &Lois M. Matthews � Address 109 Palomino Way, Red Lion, PA 17356 _ Property ID # 69A-130-19 V James R. Hutton V/ Address 156 S. Erie St. Mayville, NY 14757 PropertyID # 69A-130-17 � / Russell D. & Clara P. Jordan Address 400919' St. S., Arlington, VA 22204 Property ID # b9A-130-8 Address Property ID # 0 • 7563-7439 EBY/cmj s 3 05002567'8- 41'!�,t & 19 THIS DEED, made and dated this g day of October, 2005 by and between WILLIAM G. ADAMS, hereinafter called the Grantor, and OLD VIRGINIA, L.LC., a Virginia Limited Liability Company, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantors do grant and convey, with General Warranty and with English Covenants of Title, unto the Grantee, in fee simple, together with all rights, rights of way, privileges improvements thereon and appurtenances thereto belonging, all of the following realty: All of that certain lot or parcel of land lying and being situate in Back Creek Magisterial District, Frederick County, Virginia, designated as Lot 7, Plat 1, Section 30, Shawnee Land Subdivision, as described and set forth in that certain Deed of Dedication of Marjec, Inc., dated July 13, 1970 of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 367, at Page 583. AND BEING the same property conveyed to William G. Adams, by Deed from William G. Adams and Alayne G. Adams, dated May 12, 1995 of record aforesaid Clerk's Office in Deed Book 869, at Page 380. Reference is hereby made to the aforesaid instruments and the references contained therein for a further and more particular description of the property conveyed herein. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty. The Grantor does hereby covenant that he has the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and he will grant such further assurances of title as may be requisite. • 0 CD CD 1`0 WITNESS the following signature and seal: (SEAL) WILLIAM G. ADAMS STATE OF VIRGINIA COUNTY OF zi �1 , To -wit: I, Ap" , J i C6(,(J Ci , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that William G. Adams, whose name is signed to the foregoing Deed, dated this 2.1- day of October, 2005 has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this day of October, 2005. My commission expires Lo "'zf_ 39246F, U Notary Public., , ;1111111111 y�M4 " 13•,.7 v1RGINIA: FRED.ERICK COUNTY, SCT. 4w011,1.a,��ll9v/' ' This instrument of writing was roducod to P me brr 0': 1 and with certificate of acknowledgement'r thereto annexed:'%�� !�S �:4 was admitted to record. T irn osed � 01 N p Sec 58.1- .0 by 802 of '��.�0 t ,,,,• $.,. , aad 58.1-801 have been paid, if assessable'' ' 44et.,v , Clerk C:\WPDOCS\DEEDS\oldvirglnlalot7platl. fee. wpd 2 0 NOTE: THIS LOT HAS NO BUILDING SITE DUE TO 50' SIDE SETBACKS LOl 1 20,010 sq. ft. LOT 6 N PROPOSED VARIANCE PLAT for LOT 7 Ag& AR RAILINN AI n 31' 59'_ E 100.00' PROPOSED 1 DRAINFIELD 1 EXIST 60 13 cn CD I N CI! I c-I 1 Im 1o.0' 1— °0 cD I o o O 0 w U PROPOSED 50 sq. ft. 32,564 DWELLING 1 ' BRL PROPOSED PROPOSED 25WELL tN CP 100.00' S 807 32' 45' W 69A-2-31-1 WILLIAM J. HORTON & BRADLEY J. HORTON 821/546 PLAT 1, SECTION 30 ENON SPRINGS, SHAWNEENLAND BACK CREEK DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE:1" = 40' DATE: NOVEMBER 28, 2006 PRESENT OWNER: OLD VIRGINIA LAND, L.L.C. TM #69A-1-30-7 INST# 050025678 PROJECT #21619 T H OF Vi MICHAEL M. ARTZ P' No. 1951 t No suRge; Artz and Associates, PLC A Subsidiary of Valley Engineering, PLC LAND SURVEYING LAND PLANNING DEVELOPMENT 16 East Piccadilly Street WINCHESTER, VA. 22601-4740 TEL 540-667-3233 FAX 540-667-9188 TOLL FREE 1-800-755-7320 • 0 Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED. INITIALS DATE & TIME Candice Mark , Dana Eric Mike John COMMENTS: Received by Clerical Staff (Date & Time): U:\Pam\Common\Document Approval Form.wpd